Bill Text: NY A08684 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the presence of a companion animal when executing a warrant for eviction or dispossession of property and directs the executing officer to make arrangements for the safe removal of such animal.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Passed) 2018-08-23 - signed chap.205 [A08684 Detail]

Download: New_York-2017-A08684-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8684
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                   September 25, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Judiciary
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  the  presence  of  a  companion  animal when executing a
          warrant for eviction or dispossession of property
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 2 of section 749 of the real property actions
     2  and proceedings law, as amended by chapter 256 of the laws of  2009,  is
     3  amended to read as follows:
     4    2. (a) The officer to whom the warrant is directed and delivered shall
     5  give  at  least  seventy-two  hours  notice,  excluding any period which
     6  occurs on a Saturday, Sunday or a public holiday, in writing and in  the
     7  manner  prescribed  in this article for the service of a notice of peti-
     8  tion, to the person or persons to be evicted or dispossessed  and  shall
     9  execute the warrant between the hours of sunrise and sunset.
    10    (b)  Such  officer  shall  check  such  property for the presence of a
    11  companion animal prior to executing such  warrant  and  coordinate  with
    12  such  person  or  persons  to  be  evicted  or dispossessed for the safe
    13  removal of such companion animal. "Companion animal," as  used  in  this
    14  paragraph, shall have the same meaning as in subdivision five of section
    15  three hundred fifty of the agriculture and markets law.
    16    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13519-01-7