New York 2025-2026 Regular Session

New York Assembly Bill A01656

Introduced
1/10/25  
Refer
1/10/25  

Caption

Prohibits naming dependent children under the age of 18 living in the same household with a parent or guardian in petitions to recover possession of real property and eviction warrants; seals any records pertaining to dependent children under the age of 18 living in the same household with a parent or guardian who were residing on or removed from such property.

Impact

If passed, A01656 would mark a significant change in eviction proceedings across the state, aligning legal practices with child welfare concerns. By eliminating the requirement to name children in eviction petitions, the legislation underscores the importance of minimizing the potential emotional and psychological impacts on minors involved in such often tense and distressing situations. The sealing of related records further aims to protect children's identities and privacy in potentially volatile housing issues.

Summary

Bill A01656 seeks to amend the real property actions and proceedings law by prohibiting the naming of dependent children under the age of 18 who live in the same household with a parent or guardian in petitions for recovering possession of real property and eviction warrants. The bill also mandates sealing any records pertaining to these children during eviction proceedings, ensuring that sensitive information is kept confidential. This legislative move aims to protect the welfare of minors involved in legal actions concerning housing disputes.

Contention

The bill has sparked discussions regarding the balance between landlord rights and tenant protections, especially concerning the rights of property owners to evict tenants. Supporters argue that protecting children in these situations is paramount, while critics may raise concerns about the implications for landlords' ability to fully understand the circumstances surrounding eviction cases. There is also concern over the enforceability of sealing records and whether it may lead to challenges in the transparency of eviction proceedings and the judicial process.

Companion Bills

NY S01615

Same As Prohibits naming dependent children under the age of 18 living in the same household with a parent or guardian in petitions to recover possession of real property and eviction warrants; seals any records pertaining to dependent children under the age of 18 living in the same household with a parent or guardian who were residing on or removed from such property.

Previously Filed As

NY S01615

Prohibits naming dependent children under the age of 18 living in the same household with a parent or guardian in petitions to recover possession of real property and eviction warrants; seals any records pertaining to dependent children under the age of 18 living in the same household with a parent or guardian who were residing on or removed from such property.

NY HB709

Allowing parents or guardians to admit their children into any school district where they pay any property or school district taxes.

NY HB709

allowing parents or guardians to admit their children into any school district where they pay any property or school district taxes.

NY H5044

Provides that parents and guardians of children with disabilities in private school have the same rights and remedies as parents/guardians of children in public school.

NY A08938

Requires that any electronic benefit transfer services for special supplemental nutrition program for women, infants and children (WIC) benefits shall ensure that two electronic benefit transfer credit or debit cards are issued for use by any recipient household where such additional household member is either a parent, guardian or caretaker of the covered infant or a spouse, domestic partner or parent of the covered mother.

NY S08584

Requires that any electronic benefit transfer services for special supplemental nutrition program for women, infants and children (WIC) benefits shall ensure that two electronic benefit transfer credit or debit cards are issued for use by any recipient household where such additional household member is either a parent, guardian or caretaker of the covered infant or a spouse, domestic partner or parent of the covered mother.

NY A08345

Permits parents or guardians of twins or higher order multiples who attend school in Nassau or Suffolk county to request placement of such children in the same classroom; defines "higher order multiples".

NY HB1377

allowing parents to make alternative caregiver arrangements for their children without transferring guardianship.

NY S08638

Expands the real property tax exemption for persons with disabilities to property owners who are a parent or parents of an individual with a disability and such individual lives at such property.

NY A06189

Relates to allowing unaccompanied children in custody petition the family court for orders of dependency to ensure such child receives proper care.

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CA AB317

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CA SB603

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