senate Bill S55
(D) 26th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Authorizes the housing part of the civil court of the city of New York on its own motion or on the motion of a party to join the department of social services of the city of New York as a party in any action or proceeding wherein the failure of a recipient of or applicant for public assistance to pay rent is at issue; also permits the court to join the division of adult protective services of the city of New York, where appropriate.
TITLE OF BILL:
to amend the New York city civil
court act, in relation to the
participation of the department
of social services of the city
of New York in certain actions and
proceedings in the housing part
of such court
PURPOSE OR GENERAL IDEA OF BILL:
This bill would
enable the court to
carry out its mandate of resolving a landlord/tenant dispute in cases
where a tenant being sued for nonpayment of rent, claims that he
cannot pay because of denial of welfare benefits, failure to replace
a lost or stolen check, or other action or inaction on the part of
the department of social services.
SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 110 of the
New York city civil court act, which provides for the joiner in cases
in the housing part of civil court of additional parties, including
city departments. The section as amended, specifically authorizes the
court to bring in the department of social services on request of any
party or on its own initiative, when public assistance payments to a
tenant are at issue in a case.
Many tenants sued for nonpayment of rent in housing
court, are welfare recipients in situations which the dispute
actually involves three parties: landlord, tenant, and the department
of social services. Welfare recipients seeking to replace a missing
rent check are sometimes told by social service employees that a
duplicate check can only be issued if the tenant faces imminent
eviction; that is, if the landlord has already won his case in court.
Besides imposing a hardship on the tenant, this procedure needlessly
complicates the role of both parties as well as the court and the
department. The housing court act, designed to set up a system to
achieve a complete resolution of the cases before it, authorized the
court to bring in city agencies as needed. Despite this provision,
the courts are divided as to the power to implead the department of
social services in cases in which it is involved. This bill would
make it clear that such power exists.
PRIOR LEGISLATIVE HISTORY:
2009: S.5297 - Third Reading, Rules, A.1494 - Third Reading Cal. 18
2010: S.5297 - Judiciary, A.1494 - Third Reading Cal. 657
LOCAL FISCAL IMPLICATIONS:
Immediately, and shall govern any action or proceeding
pending in the housing part on the effective date of this act, as
well as actions and proceedings instituted thereafter.
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