Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Jan 07, 2009 |
referred to judiciary |
Assembly Bill A1443
2009-2010 Legislative Session
Sponsored By
WRIGHT
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A1443 (ACTIVE) - Details
2009-A1443 (ACTIVE) - Summary
Requires tenants in housing court proceedings be given information pertaining to their rights including that only a judge may issue a warrant to evict them; they should assert any defense or counterclaim in their answer and that they have a right to have the premises inspected to confirm any claim of dangerous or unhealthy conditions and that they may have a right to withhold rent for failure to make repairs.
2009-A1443 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1443 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Judiciary AN ACT to amend the New York city civil court act, in relation to requiring the housing court to provide certain information to tenants THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 110 of the New York city civil court act is amended by adding a new subdivision (q) to read as follows: (Q) THE PETITIONER SHALL INCLUDE IN BOLD PRINT AT THE END OF THE PETI- TION THE FOLLOWING NOTICE OF INFORMATION TO THE RESPONDENT: (1) CLERKS OF THE HOUSING COURT CANNOT DETERMINE THE VALIDITY OF CASES. (2) RESPONDENT HAS A RIGHT TO TRIAL. (3) THE TENANT MAY AT ANY TIME GO TO A PRO SE CLERK FOR INFORMATION REGARDING HOUSING COURT PROCEDURE AND ASSISTANCE IN FILING COURT PAPERS. (4) THE TENANT SHOULD ASSERT ANY DEFENSE, INCLUDING, BUT NOT LIMITED TO, LACK OF NECESSARY REPAIRS AND MAY ASSERT ANY COUNTERCLAIM OR CLAIM FOR OFFSET AGAINST RENT IN HIS OR HER ANSWER. (5) THE TENANT MAY, BUT DOES NOT HAVE TO, REQUEST THE HOUSING, PRESER- VATION AND DEVELOPMENT OFFICE TO INSPECT THE PREMISES TO CONFIRM ANY CLAIM OF DANGEROUS OR UNHEALTHY CONDITIONS WHICH THE TENANT BELIEVES MAY AFFECT THE AMOUNT OF RENT DUE. (6) LEGAL FEES, LATE FEES AND ANY OTHER FEES MAY ONLY BE IMPOSED AFTER A TRIAL BY A HOUSING JUDGE IF THEY ARE ESTABLISHED IN A WRITTEN LEASE AND THEY ARE NOT CONSIDERED PART OF ANY RENT DUE UNLESS THE LEASE EXPRESSLY ESTABLISHES THEM AS SUCH. (7) ONLY A HOUSING JUDGE MAY ISSUE A WARRANT TO EVICT A TENANT AND ONLY A MARSHAL OR SHERIFF IS AUTHORIZED TO USE FORCE TO EXECUTE A WARRANT. THE LANDLORD AND TENANT MAY AGREE TO TERMINATE THE TENANCY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00298-01-9
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