Extends certain provisions relating to authorizing New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments of the supreme and family courts of the city of New York; requires New York city marshals to post and electronically file notices of eviction.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9166B
SPONSOR: Lavine TITLE OF BILL:
An act to amend chapter 455 of the laws of 1997, amending the New York
city civil court act and the civil practice law and rules relating to
authorizing New York city marshals to exercise the same functions,
powers and duties as sheriffs with respect to the execution of money
judgments of the supreme and family courts of the city of New York and
defining the term "the sheriff" as used therein, in relation to the
effectiveness thereof; and to amend the real property actions and
proceedings law, in relation to notice of eviction by New York city
marshals and electronic filing; and providing for the repeal of certain
provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
Extends until 2026, provisions which confer on New York City Marshals
the same functions, powers, and duties as Sheriffs with respect to the
execution of money judgments of the Supreme and Family Courts.
SUMMARY OF PROVISIONS:
Section 1. Amends Section 3 of Chapter 455 of the Laws of 1997, as
amended by Chapter 151 of the Laws of 2023, to extend the effective date
until June 30, 2026.
Section 2. Adds a new section 749-a of the Real Property Actions and
Proceedings Laws. In the execution of such eviction, this section
requires marshals to provide contemporaneous notice by physical posting
and electronic filing.
Section 3. Effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (1F APPLICABLE):
This version replaces a section of law erroneously in the Real Property
Law and places is into the Real Property Actions and Proceedings Law.
JUSTIFICATION:
New York City Marshals are primarily responsible for executing judgments
rendered by the Civil Court of the City of New York, serving summonses
and executing other judgment orders. The City Marshals are supervised by
the New York City Department of Investigation and pay a percentage of
their gross income to the City. They are required to provide for their
own operating expenses, including maintenance of their office, clerical
staff and transportation.
In 1997, 1999, 2004, 2014, 2019, 2020, 2022 and again in 2023, legis-
lation was passed to allow New York City Marshals to enforce money judg-
ments rendered by the Supreme and Family Courts in New York City. There
remains a tremendous need, especially with respect to child support
judgments, for increased enforcement of money judgments in the city.
Utilizing the services of New York City Marshals for such enforcement
has allowed the Marshals to lend their efforts to fulfilling this need.
This program has worked exceptionally well since its inception and
should be continued with additional notice provisions regarding
evictions.
PRIOR LEGISLATIVE HISTORY:
2023 - S.6854 - Ch. 151 of the Laws of 2023
2022 - A.10220 - Ch. 346 of the Laws of 2022
2021 - A.5858 - Ch. 117 of the Laws of 2021
2020 - A.9975 - Referred to Judiciary
2019 - A.4745-A - Ch.47 of the Laws of 2019
2014 - A.9354 - Ch. 29 of the Laws of 2014
2009 - A.4790 - Ch. 103 of the Laws of 2009
2004 - A.9833 - Ch.128 of the Laws of 2004
1999 - A.6914 - Ch.71 of the Laws of 1999
1997 - A.3007-A Ch.455 of the Laws of 1997
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to State or City government. Marshals are reimbursed by fees only.
EFFECTIVE DATE:
This act shall take effect immediately.
