Relates to compliance by New York city marshals with filing requirement regarding service of a notice of eviction

Showing the cosponsors who are on Agora, A to Z. The official record may list more.

• Democratic2

Shown in neutral colors by design; Agora is non-partisan.

◆ The sponsor's argument

Why Erik Bottcher says this is needed

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 them 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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.