S5905

The State Senate passed S5905, sponsored by Sen. Brisport, which amends the Real Property Actions and Proceedings Law. The bill passed on a 38-19 vote, with 19 senators voting in opposition. Those voting against the measure were Sens. Ashby, Borrello, Canzoneri-Fitzpatrick, Gallivan, Griffo, Helming, Lanza, Martins, Mattera, Murray, Oberacker, O'Mara, Ortt, Palumbo, Rhoads, Stec, Tedisco, Weber and Weik. The bill takes effect immediately upon enactment.

The New York State Senate passed legislation Tuesday that prohibits dependent minors from being named in eviction petitions and warrants, preventing eviction records from following children into adulthood and damaging their future housing prospects and credit scores. Senate Print 5905, sponsored by Sen. Brisport, passed 40-21 on a roll call vote. The bill amends the Real Property Actions and Proceedings Law to shield children living with parents or guardians from appearing on eviction documents. Sen. Brisport, the bill's sponsor, shared a personal anecdote about a student he taught who was illegally evicted during the COVID-19 pandemic at age 12, describing how the eviction record could follow the child for years and disrupt his education and opportunities. Multiple senators spoke in support, emphasizing that evictions are traumatic and destabilizing for children and that naming minors in legal proceedings serves no purpose since children are not signatories to leases. Sen. Sepúlveda, a 30-year Housing Court veteran, called naming children in eviction petitions "disgraceful and disgusting," noting that such records can mark children as liabilities on credit reports despite their having no responsibility for rent payments. Sen. Rhoads cast the sole substantive opposition, arguing the bill may conflict with the Tenant Protection Act of 2019, which he contended requires all residents to be listed on eviction petitions. He urged modifying the HSTPA instead to avoid legal confusion. Sen. Brisport disputed this interpretation, stating children are not required to be listed on leases and therefore need not appear on eviction documents. Multiple senators used the vote to call for additional tenant protections, including good-cause eviction legislation and right-to-counsel provisions.