senate Bill S1801

Authorizes town of Brookhaven to establish a housing and community court, and provides for its powers and duties

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 12 / Jan / 2011
    • REFERRED TO LOCAL GOVERNMENT
  • 04 / Jan / 2012
    • REFERRED TO LOCAL GOVERNMENT

Summary

Authorizes the town of Brookhaven to establish a housing and community court to assist the district court in the disposition of all violations of town laws, codes and ordinances, and provides for its powers and duties.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1940
Versions:
S1801
Legislative Cycle:
2011-2012
Current Committee:
Senate Local Government
Law Section:
Town Law
Laws Affected:
Add Art 10-A ยงยง160 - 167, Town L
Versions Introduced in 2009-2010 Legislative Cycle:
A7870, S5251, A7870

Sponsor Memo

BILL NUMBER:S1801

TITLE OF BILL:

An act
to amend the town law, in relation to authorizing
the town of Brookhaven to
establish a
housing and community court

PURPOSE OR GENERAL IDEA OF BILL:

This legislation would authorize the Town of Brookhaven to establish a
housing and community court, and provides for its powers and duties.

SUMMARY OF SPECIFIC PROVISIONS:

The Town Law is amended by adding a
new article 10A which establishes the Brookhaven Housing and
Community Court and provides for its powers and duties.

JUSTIFICATION:

Instances of over-crowded or dilapidated housing, unsanitary living
conditions, noise and nuisance and other illegal activities occurring
throughout the Town of Brookhaven have resulted in an increase of
housing and code violations. Many of these code violations are
attributable to properties owned by landlords that fail to comply
with local building, zoning and rental codes. These properties have
become blights on their neighborhoods. A Housing and Community Court
in the Town of Brookhaven would enable the Town to closely focus and
monitor these violations and bring violators into compliance in a
timelier manner. This legislation is necessary to assist the Town of
Brookhaven in sustaining the quality of life of its residents.

PRIOR LEGISLATIVE HISTORY:

2009-10: A.7870/S.5251 - Remained in Local Government Committee

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1801                                                  A. 1940

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 12, 2011
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT to amend the town law, in relation to  authorizing  the  town  of
  Brookhaven to establish a housing and community court

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The town law is amended by adding a  new  article  10-A  to
read as follows:
                               ARTICLE 10-A
                         BROOKHAVEN HOUSING AND
                             COMMUNITY COURT
SECTION 160. ESTABLISHMENT.
        161. ADMINISTRATIVE LAW JUDGES.
        162. JURISDICTION TO IMPOSE CIVIL PENALTIES.
        163. SUMMONS.
        164. COMMENCEMENT OF PROCEEDINGS; DEFAULT JUDGMENTS.
        165. JUDICIAL ENFORCEMENT.
        166. RESTRICTION ON COLLATERAL USE.
        167. APPEALS.
  S  160. ESTABLISHMENT. THE TOWN BOARD OF THE TOWN OF BROOKHAVEN MAY BY
ORDINANCE OR LOCAL LAW ESTABLISH A HOUSING AND COMMUNITY COURT TO ASSIST
THE DISTRICT COURT IN THE DISPOSITION  OF  ALL  VIOLATIONS  OF  TOWN  OF
BROOKHAVEN HOUSING LAWS, CODES AND ORDINANCES.
  S  161.  ADMINISTRATIVE  LAW  JUDGES. 1. THE TOWN BOARD OF THE TOWN OF
BROOKHAVEN SHALL APPOINT ADMINISTRATIVE LAW JUDGES WHO SHALL  BE  ATTOR-
NEYS  ADMITTED  TO  PRACTICE IN THIS STATE FOR NOT LESS THAN THREE YEARS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03836-01-1

S. 1801                             2                            A. 1940

AND SHALL HAVE SUCH OTHER QUALIFICATIONS AS MAY BE  PRESCRIBED  BY  SUCH
TOWN BOARD.
  2.  NO ADMINISTRATIVE LAW JUDGE SHALL PARTICIPATE IN ANY PROCEEDING TO
WHICH HE OR SHE IS A PARTY, IN WHICH HE OR SHE  HAS  BEEN  AN  ATTORNEY,
COUNSEL  OR  REPRESENTATIVE, IF HE OR SHE IS RELATED BY CONSANGUINITY OR
AFFINITY TO ANY PARTY TO THE PROCEEDING WITHIN THE SIXTH DEGREE OR WHERE
SUCH PARTICIPATION IS OTHERWISE PROHIBITED BY  LAW.  ADMINISTRATIVE  LAW
JUDGES SHALL ENSURE THAT ALL HEARINGS ARE CONDUCTED IN A FAIR AND IMPAR-
TIAL MANNER.
  3.  EXCEPT  AS OTHERWISE PROVIDED BY LAW, IN THE CONDUCT OF AN ADJUDI-
CATION, AN ADMINISTRATIVE LAW JUDGE MAY:
  A. HOLD CONFERENCES FOR THE SETTLEMENT OR SIMPLIFICATION OF ISSUES;
  B. ADMINISTER OATHS AND AFFIRMATIONS,  EXAMINE  WITNESSES,  RULE  UPON
OFFERS  OF  PROOF,  RECEIVE  EVIDENCE,  AND OVERSEE, REGULATE, ORDER AND
ENFORCE SUCH DISCOVERY AS IS APPROPRIATE UNDER THE CIRCUMSTANCES;
  C. UPON MOTION OF ANY PARTY, OR UPON THE  ADMINISTRATIVE  LAW  JUDGE'S
OWN  MOTION  UPON  CONSENT  OF THE DEFENDANT, SUBPOENA THE ATTENDANCE OF
WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS OR OTHER INFORMATION;
  D. REGULATE THE COURSE OF THE HEARING;
  E. RULE ON PROCEDURAL REQUESTS OR SIMILAR MATTERS;
  F. MAKE FINAL FINDINGS OF FACT AND FINAL DECISIONS, DETERMINATIONS  OR
ORDERS;
  G.  WHERE  THE BROOKHAVEN HOUSING AND COMMUNITY COURT IS AUTHORIZED TO
RENDER A FINAL DECISION, DETERMINATION OR ORDER  IMPOSING  CIVIL  PENAL-
TIES, IMPOSE SUCH CIVIL PENALTIES; AND
  H. TAKE ANY OTHER ACTION AUTHORIZED BY LAW.
  4.  UNLESS INCONSISTENT WITH THIS ARTICLE, ALL HEARINGS SHALL SUBSTAN-
TIALLY COMPLY WITH THE REQUIREMENTS OF ARTICLE THREE OF THE STATE ADMIN-
ISTRATIVE PROCEDURE ACT.
  5. UNLESS OTHERWISE AUTHORIZED BY LAW AND EXCEPT AS OTHERWISE PROVIDED
IN SUBDIVISION SIX OF THIS SECTION, NO ADMINISTRATIVE  LAW  JUDGE  SHALL
COMMUNICATE  IN CONNECTION WITH ANY ISSUE THAT RELATES IN ANY WAY TO THE
MERITS OF A PROCEEDING PENDING BEFORE SUCH JUDGE WITH ANY PERSON  EXCEPT
UPON NOTICE AND OPPORTUNITY FOR ALL PARTIES TO PARTICIPATE.
  6.  AN  ADMINISTRATIVE  LAW JUDGE MAY CONSULT, ON QUESTIONS OF LAW AND
MINISTERIAL MATTERS,  WITH  OTHER  ADMINISTRATIVE  LAW  JUDGES  AND  THE
SUPPORT STAFF OF SUCH COURT, PROVIDED THAT SUCH ADMINISTRATIVE LAW JUDG-
ES OR SUPPORT STAFF HAVE NOT ENGAGED IN FUNCTIONS IN CONNECTION WITH THE
ADJUDICATORY  PROCEEDING  UNDER  CONSIDERATION  OR  A  FACTUALLY RELATED
PROCEEDING.
  S 162. JURISDICTION TO IMPOSE CIVIL  PENALTIES.    1.  THE  BROOKHAVEN
HOUSING  AND  COMMUNITY  COURT  MAY  IMPOSE  ANY  CIVIL  PENALTY FOR THE
VIOLATION OF A TOWN LAW, CODE OR ORDINANCE THAT THE  DISTRICT  COURT  IS
AUTHORIZED  TO  IMPOSE.    NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE
CONTRARY, ANY CIVIL PENALTY IMPOSED BY SUCH COURT UPON A PERSON WHO  HAS
AN  INTEREST IN REAL PROPERTY IN THE TOWN OF BROOKHAVEN, SHALL BE A LIEN
UPON SUCH REAL PROPERTY IF SUCH  PENALTY  IS  NINETY  DAYS  OR  MORE  IN
ARREARS. ALL SUCH ARREARS SHALL BE DEEMED TO BE A REAL PROPERTY TAX UPON
THE  REAL  PROPERTY  AND  MAY  BE COLLECTED AS SUCH PURSUANT TO THE REAL
PROPERTY TAX LAW.
  2. NO PERSON APPEARING BEFORE THE  BROOKHAVEN  HOUSING  AND  COMMUNITY
COURT  SHALL  BE  SENTENCED  TO  A TERM OF IMPRISONMENT UPON BEING FOUND
GUILTY OF ANY CHARGE, NOR SHALL AN ADMINISTRATIVE LAW  JUDGE  ORDER  THE
ARREST OR DETENTION OF ANY PERSON, NOR SHALL AN ADMINISTRATIVE LAW JUDGE
DEPRIVE ANY PERSON OF THE RIGHT TO COUNSEL.

S. 1801                             3                            A. 1940

  S  163. SUMMONS. THE BROOKHAVEN HOUSING AND COMMUNITY COURT SHALL HAVE
THE SAME POWERS AND DUTIES RELATING TO A  SUMMONS  AS  ARE  PROVIDED  TO
DISTRICT  COURTS  PURSUANT TO ARTICLE FOUR OF THE UNIFORM DISTRICT COURT
ACT, ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES, ARTICLE THREE OF
THE  BUSINESS CORPORATION LAW AND ARTICLE THREE OF THE LIMITED LIABILITY
COMPANY LAW. IN ADDITION,
  1. SERVICE OF A SUMMONS MAY BE MADE BY DELIVERING SUCH  SUMMONS  TO  A
PERSON EMPLOYED BY THE RESPONDENT:
  A.  TO  WORK ON THE PREMISES THE OCCUPANCY OF WHICH CAUSED THE ALLEGED
VIOLATION OF A TOWN OF BROOKHAVEN LAW, CODE OR ORDINANCE,
  B. AT THE PREMISES AT WHICH THE RESPONDENT ACTUALLY CONDUCTS THE BUSI-
NESS THE OPERATION OF WHICH GAVE RISE TO SUCH ALLEGED VIOLATION, OR
  C. AT THE SITE  OF  THE  WORK  AT  WHICH  SUCH  AN  ALLEGED  VIOLATION
OCCURRED; AND
  2.  SERVICE OF A SUMMONS MAY BE MADE BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO THE RESPONDENT. IF AFTER TWENTY-ONE DAYS SUCH MAILING  HAS
NOT  BEEN RETURNED AS UNDELIVERABLE, THE RESPONDENT SHALL BE PRESUMED TO
HAVE BEEN SERVED SUCH SUMMONS.
  S 164. COMMENCEMENT OF PROCEEDINGS; DEFAULT JUDGMENTS. 1. THE BROOKHA-
VEN HOUSING AND COMMUNITY COURT SHALL CONDUCT THE PROCEEDINGS AUTHORIZED
BY LOCAL LAW IN ACCORDANCE WITH THIS SECTION.
  2. SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE  OF  A  SUMMONS.
THE  SUMMONS  OR COPY THEREOF WHEN FILLED IN AND SERVED SHALL CONSTITUTE
NOTICE OF THE VIOLATION CHARGED, AND, IF SWORN TO OR AFFIRMED, SHALL  BE
PRIMA  FACIE  EVIDENCE  OF THE FACTS CONTAINED THEREIN. THE SUMMONS WHEN
SWORN TO OR AFFIRMED SHALL CONSTITUTE THE TESTIMONY OF THE SIGNATOR AND,
WHEN FILED WITH THE BROOKHAVEN HOUSING  AND  COMMUNITY  COURT  SHALL  BE
ADMITTED INTO EVIDENCE AS SUCH TESTIMONY AT ANY HEARING ON THE VIOLATION
CHARGED.  EVERY  SUCH  SUMMONS  SHALL  STATE WHETHER THE FACTS SET FORTH
THEREIN ARE KNOWN PERSONALLY TO THE SIGNATOR AND IF THE FACTS ARE NOT SO
KNOWN THE SUMMONS SHALL SPECIFICALLY IDENTIFY THE SOURCE OF KNOWLEDGE OF
SUCH FACTS.  IF THE RESPONDENT DISPUTES THE FACTS STATED IN THE SUMMONS,
THE  ADMINISTRATIVE  LAW  JUDGE,  WHERE  APPROPRIATE  MAY   REJECT   THE
SIGNATOR'S  FACTS,  ACCEPT  FACTS  THE  RESPONDENT OFFERS, OR DIRECT THE
SIGNATOR'S APPEARANCE.
  3. A. THE  SUMMONS  SHALL  CONTAIN  INFORMATION  ADVISING  THE  PERSON
CHARGED OF THE MANNER AND THE TIME IN WHICH SUCH PERSON MAY EITHER ADMIT
OR  DENY  THE  VIOLATION CHARGED IN THE SUMMONS. SUCH SUMMONS SHALL ALSO
CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT FAILURE TO PLEAD  IN
THE  MANNER AND TIME STATED IN THE SUMMONS MAY RESULT IN A DEFAULT DECI-
SION AND ORDER BEING ENTERED AGAINST SUCH PERSON. THE ORIGINAL OR A COPY
OF THE SUMMONS SHALL BE FILED AND RETAINED BY THE BROOKHAVEN HOUSING AND
COMMUNITY COURT AND SHALL BE DEEMED A RECORD KEPT IN THE ORDINARY COURSE
OF BUSINESS.
  B. EVERY SUMMONS SHALL IDENTIFY THE PROVISION OF LAW CHARGED AND SHALL
SET FORTH THE FACTUAL BASIS FOR THE VIOLATION.  WHERE A SUMMONS DOES NOT
CONTAIN THIS INFORMATION, IT SHALL BE DISMISSED AT THE  REQUEST  OF  THE
RESPONDENT  OR THE ADMINISTRATIVE LAW JUDGE MAY DISMISS THE SUMMONS UPON
HIS OR HER OWN MOTION.
  4. WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME  ALLOWED  BY
CONTROLLING LAW OR, IF THERE IS NO SUCH CONTROLLING LAW, BY THE RULES OF
THE BROOKHAVEN HOUSING AND COMMUNITY COURT, OR HAS FAILED TO APPEAR ON A
DESIGNATED  HEARING  DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT,
SUCH FAILURE TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE
AN ADMISSION OF LIABILITY AND SHALL BE GROUNDS FOR RENDERING  A  DEFAULT
DECISION  AND  ORDER  IMPOSING  A  PENALTY  UP  TO  THE  MAXIMUM  AMOUNT

S. 1801                             4                            A. 1940

PRESCRIBED UNDER LAW FOR THE VIOLATION CHARGED.  A DEFAULT DECISION  AND
ORDER  MAY  BE OPENED WITHIN ONE YEAR OF ITS ENTRY UPON WRITTEN APPLICA-
TION SHOWING EXCUSABLE DEFAULT AND A MERITORIOUS DEFENSE TO THE  CHARGE;
A  DEFAULT DECISION AND ORDER MAY THEREAFTER BE OPENED ONLY UPON WRITTEN
APPLICATION SHOWING EXCUSABLE DEFAULT,  A  MERITORIOUS  DEFENSE  TO  THE
CHARGE, AND GOOD CAUSE FOR THE DELAY.
  5.  ANY  FINAL  ORDER  OF  THE  BROOKHAVEN HOUSING AND COMMUNITY COURT
IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION WAS HAD BY HEARING OR
UPON DEFAULT OR OTHERWISE, SHALL CONSTITUTE A JUDGMENT RENDERED BY  SUCH
COURT  AGAINST THE RESPONDENT WHICH MAY BE ENTERED IN THE DISTRICT COURT
OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN  THE
STATE,  AND  MAY  BE ENFORCED AGAINST THE RESPONDENT AND HIS, HER OR ITS
PROPERTY WITHOUT COURT PROCEEDINGS IN THE SAME MANNER AS THE ENFORCEMENT
OF MONEY JUDGMENTS ENTERED  IN  CIVIL  ACTIONS,  PROVIDED  FURTHER,  ANY
ARREARS  MAY BE COLLECTED AS REAL PROPERTY TAXES PURSUANT TO SUBDIVISION
ONE OF SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE;  PROVIDED  HOWEVER
THAT NO SUCH JUDGMENT SHALL BE ENTERED WHICH EXCEEDS THE JURISDICTION OF
SUCH DISTRICT COURT OR OTHER COURT.
  6.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION, BEFORE A
JUDGMENT BASED UPON A DEFAULT MAY BE SO ENTERED THE  BROOKHAVEN  HOUSING
AND  COMMUNITY  COURT  SHALL HAVE NOTIFIED THE RESPONDENT BY FIRST CLASS
MAIL IN SUCH FORM:
  A. OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED;
  B. THAT A JUDGMENT MAY BE ENTERED IN THE DISTRICT COURT OR  ANY  OTHER
PLACE  PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE STATE OF NEW
YORK; AND
  C. THAT ENTRY OF SUCH JUDGMENT MAY BE AVOIDED BY REQUESTING A STAY  OF
DEFAULT FOR GOOD CAUSE SHOWN AND EITHER REQUESTING A HEARING OR ENTERING
A PLEA WITHIN THIRTY DAYS OF THE MAILING OF SUCH NOTICE.
  S  165.  JUDICIAL ENFORCEMENT. ANY ORDER, SUBPOENA, OR ANY FINAL DECI-
SION OR DETERMINATION RENDERED BY THE BROOKHAVEN HOUSING  AND  COMMUNITY
COURT  SHALL  BE SUBJECT TO ENFORCEMENT BY THE JUDICIARY IN AN ACTION OR
PROCEEDING COMMENCED  IN  A  COURT  OF  COMPETENT  JURISDICTION  BY  THE
PREVAILING PARTY, INCLUDING THE TOWN OF BROOKHAVEN.
  S  166.  RESTRICTION  ON COLLATERAL USE. DECISIONS, DETERMINATIONS AND
ORDERS ISSUED BY THE BROOKHAVEN HOUSING AND COMMUNITY COURT SHALL NOT BE
CITED, AND SHALL NOT BE CONSIDERED PRECEDENT NOR BE GIVEN ANY  FORCE  OR
EFFECT IN ANY CRIMINAL PROCEEDING.
  S  167. APPEALS. EVERY APPEAL OF A FINAL DETERMINATION OF THE BROOKHA-
VEN HOUSING AND COMMUNITY COURT SHALL BE HEARD IN THE APPELLATE TERM  OF
SUPREME  COURT IN THE SECOND DEPARTMENT.  SUCH APPEALS SHALL BE TAKEN BY
FILING A NOTICE OF APPEAL WITH SUCH COURT  WITHIN  THIRTY  DAYS  OF  THE
ENTRY  OF THE DECISION, DETERMINATION, OR ORDER FROM WHICH THE APPEAL IS
BEING TAKEN.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.