NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8567
SPONSOR: Simon TITLE OF BILL:
An act to amend the real property actions and proceedings law, in
relation to compliance by New York city marshals with filing requirement
regarding service of a notice of eviction
PURPOSE:
This bill establishes a deadline by which New York city marshals must
provide notice of eviction by physical posting and electronic filing.
SUMMARY OF PROVISIONS:
Section one of the bill specifies that New York city marshals must phys-
ically post and electronically file a notice of eviction within one
business day of the service of the notice of eviction.
Section two of the bill relates to the effective date.
JUSTIFICATION:
New York City marshals are appointed by the mayor to carry out orders by
the New York City Civil Court, including carrying out evictions. They
are not city employees but are supervised by the New York City Depart-
ment of Investigation. They are also required to pay a percentage of
their gross income to New York City. Section 749 of the real property
actions and proceedings law requires marshals to provide 14 days! notice
to tenants after they have received a warrant of eviction.
In 2024, the legislature passed Chapter 129 of the Laws of 2024 that
required New York City marshals to file a notice of eviction by physical
posting and electronic filing. This legislation was passed to ensure
that tenants and their lawyers clearly understood when the eviction
could occur, providing th6m with time to either stay the eviction or
secure a voucher or rental assistance. Unfortunately, a November 2024
investigation by City Limits, an online publication, revealed that only
293 of the 537 eviction notices filed by marshals between September 11
and 12 were posted on NYSCEF within 24 hours. On average, the eviction
notice was posted on NYSCEF three and a half days after service.
By specifying that marshals must physically post an eviction notice and
upload it to NYSCEF 24 hours after service, this bill seeks to clarify
the intent of Chapter 12 of the Laws of 2024: tenants should understand
how much time they must seek relief before they are evicted.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8567
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. SIMON -- read once and referred to the Committee
on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to compliance by New York city marshals with filing require-
ment regarding service of a notice of eviction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 749-a of the real property actions and proceedings
2 law, as added by chapter 129 of the laws of 2024, is amended to read as
3 follows:
4 § 749-a. New York city marshals. A marshal of the city of New York
5 shall provide notice of [execution of a warrant of] eviction [by phys-
6 ical posting of the notice] in the manner prescribed in this article for
7 the service of a notice of petition and by an electronic filing within
8 one business day of service of the notice of eviction. For purposes of
9 this section, "electronic filing" shall mean an electronic filing as
10 described in section twenty-one hundred three-a of the New York city
11 civil court act and "business day" shall mean any day other than Satur-
12 day or Sunday.
13 § 2. This act shall take effect immediately; provided, however, that
14 the amendments to section 749-a of the real property actions and
15 proceedings law made by section one of this act shall be subject to the
16 repeal of such section and shall expire and be deemed repealed there-
17 with.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07099-03-5
