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S4084Senate2019-2020 SessionSame asA5206

Seal Foreclosure Eviction Records

Official title

“Provides that records of eviction proceeding shall be sealed when the leased property was foreclosed upon”

Sponsor Kevin S. ParkerSD-21Affects Housing
Status
In Senate Committee
Housing, Construction And Community Development
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Housing, Construction And Community Development

What's happening

This bill requires court records of tenant evictions due to foreclosure to be sealed and kept confidential, with penalties for violations.

Why it matters

  1. Protects tenants from long-term harm to their rental history. by ensuring that evictions resulting from foreclosure cannot be accessed or used against them when applying for future housing, thus reducing the stigma and barriers associated with such evictions.

  2. Prevents misuse of sensitive eviction data. by making it illegal for private parties to disclose or use these sealed records, which helps guard against discrimination by landlords or background check companies.

  3. Introduces financial penalties for violations. , creating a strong deterrent for individuals or entities that might otherwise be tempted to unlawfully access or share confidential eviction information.

  4. Recognizes the unique circumstances of foreclosure-related evictions. , treating them differently from standard evictions to acknowledge that tenants may be removed through no fault of their own, supporting greater housing stability.

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Who cares

Headline styles

Seal Foreclosure Eviction Records

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

Chair, Energy And Telecommunications

No co-sponsors yet.

History

  1. Referred to housing, construction and community development
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.1096
  6. Print number 4084a
  7. Amend and recommit to housing, construction and community development
  8. Referred to housing, construction and community development

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A5206Assembly

Seal Eviction Records After Foreclosure

In Assembly Committee · Judiciary · Sponsor Latrice Walker

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4084--A

2019-2020 Regular Sessions

IN SENATE

February 27, 2019

Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the real property actions and proceedings law, in relation to sealing the court records of evictions of tenants leasing real property that is the subject of a foreclosure

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The real property actions and proceedings law is amended by adding a new section 757 to read as follows:

§ 757. Eviction as the result of foreclosure. In the event that a lessee is removed from real property pursuant to this article, and the leased real property was the subject of a foreclosure proceeding pursuant to this chapter or the subject of a tax foreclosure proceeding, the court records relating to any such lessee shall be sealed and be deemed confidential. No disclosure or use of such information relating to any such lessee shall be authorized, and the use of such information shall be prohibited. Any violation of this section by a private person shall result in a civil penalty of not less than one thousand dollars, nor more than two thousand dollars.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05954-02-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the real property actions and proceedings law, in relation to sealing the court records of evictions of tenants leasing real property that is the subject of a foreclosure

Purpose

To seal court records regarding a tenants eviction due to foreclosure and to ensure that credit scores of lessees of foreclosed properties are not adversely affected.

Summary of provisions

Section 1: Amends the real property actions and proceedings law by adding a new section 757

Section 2: Effective Date.

Justification

Securing eviction housing options for NYS residents is crucial in this economic climate. The government needs to protect residents should their landlord's go into foreclosure. However, there is no current law/statute in effect, This bill would address the current situation by that the courts would seal court records regarding a tenant's as a result of a landlord's foreclosure.

Legislative history

2017-18: S 2840 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL- OPMENT 2015-16: S.2786/A.6749 - Referred to Housing/Referred to Judiciary 2014: S.6279/A.3553 - Referred to Housing/Referred to Judiciary 2013: S.2980(Adams)/A.3553 - Referred to Housing/Referred to Judiciary 2011-12: S.3588(Adams)/A.3996 - Referred to Housing/Referred to Judici- ary 2009-10: S.2954(Adams)/A.4590 - Referred to Housing/Referred to Judici- ary

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.