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Assembly Bill A1443

2009-2010 Legislative Session

Requires tenants in housing court to be given certain information in bold print at the end of any petition for eviction

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Archive: Last Bill Status - In Assembly Committee

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2009-A1443 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
New York City Civil Court Act
Laws Affected:
Amd ยง110, NYC Civ Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: A506
2013-2014: A3550
2015-2016: A3861

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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