senate Bill S55

Permits New York city department of social services to participate in proceedings in housing part of civil court

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Bill Status


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

  • 05 / Jan / 2011
    • REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY

Summary

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.

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Bill Details

See Assembly Version of this Bill:
A2967
Versions:
S55
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §110, NYC Civ Ct Act
Versions Introduced in Previous Legislative Cycles:
2009-2010: S5297, A1494
2007-2008: A666

Sponsor Memo

BILL NUMBER:S55

TITLE OF BILL:
An act
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.

JUSTIFICATION:
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:
2007: A.666
2006: A.9369
2005: A.751
2009: S.5297 - Third Reading, Rules, A.1494 - Third Reading Cal. 18
2010: S.5297 - Judiciary, A.1494 - Third Reading Cal. 657

FISCAL IMPLICATIONS:
None.


LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
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.

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

                                   55

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. SQUADRON, DIAZ, HASSELL-THOMPSON, KRUEGER, MONTGOM-
  ERY, SERRANO -- read twice and ordered printed, and when printed to be
  committed to the Committee on Judiciary

AN ACT 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

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

  Section 1.  Subdivision (d) of section 110 of the New York city  civil
court  act,  as  added by chapter 982 of the laws of 1972, is amended to
read as follows:
  (d)  In any of the actions or proceedings specified in subdivision (a)
and on the application of any party, any city department or  the  court,
on  its  own  motion,  may join any other person or city department as a
party in order to effectuate proper housing maintenance standards and to
promote the public interest.  IN ADDITION TO ANY  OTHER  APPLICATION  OF
ITS  POWERS UNDER THIS SUBDIVISION, THE COURT MAY, ON THE APPLICATION OF
ANY PARTY OR ON ITS OWN MOTION, JOIN AS A PARTY THE DEPARTMENT OF SOCIAL
SERVICES OF THE CITY OF NEW YORK IN ANY ACTION OR  PROCEEDING  IN  WHICH
THE  PAYMENT  OR  NON-PAYMENT OF RENT BY A RECIPIENT OF OR APPLICANT FOR
PUBLIC ASSISTANCE PURSUANT TO THE SOCIAL SERVICES LAW IS AT  ISSUE,  AND
THE  COURT MAY JOIN AS A PARTY THE DIVISION OF ADULT PROTECTIVE SERVICES
OF THE CITY OF NEW YORK IN ANY SUCH ACTION OR PROCEEDING,  WHERE  APPRO-
PRIATE.
  S    2.   This act shall take effect 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00104-01-1

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