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Assembly Bill A5387

2009-2010 Legislative Session

Establishes a separate part of the housing part of the New York City Civil Court to be devoted to cases by and against two-family or three-family homeowners

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Archive: Last Bill Status - In Assembly Committee

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2009-A5387 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
New York City Civil Court Act
Laws Affected:
Amd ยง110, NYC Civ Ct Act

2009-A5387 (ACTIVE) - Summary

Establishes a separate part of the housing part of the New York City Civil Court to be devoted to cases by and against two-family or three-family homeowners.

2009-A5387 (ACTIVE) - Bill Text download pdf 

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

                                  5387

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. MAISEL, MILLMAN, ROBINSON, PHEFFER -- Multi-Spon-
  sored  by  --  M.  of  A.   ABBATE, GABRYSZAK, HIKIND -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the New York city civil court act, in relation to estab-
  lishing a separate private dwelling calendar part for cases brought by
  or against two-family or three-family homeowners in the  housing  part
  of the court

  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) (1) AS USED IN THIS SECTION, A "PRIVATE DWELLING" SHALL  MEAN  AND
INCLUDE  ANY BUILDING OR STRUCTURE DESIGNED AND OCCUPIED EXCLUSIVELY FOR
RESIDENCE PURPOSES BY TWO FAMILIES, WHICH SHALL  BE  REFERRED  TO  AS  A
TWO-FAMILY  PRIVATE  DWELLING,  OR  BY  THREE  FAMILIES,  WHICH SHALL BE
REFERRED TO AS A THREE-FAMILY PRIVATE DWELLING.  PRIVATE DWELLINGS SHALL
ALSO BE DEEMED TO INCLUDE A SERIES OF TWO-FAMILY OR THREE-FAMILY  DWELL-
ING  UNITS  EACH  OF  WHICH  FACES OR IS ACCESSIBLE TO A LEGAL STREET OR
PUBLIC THOROUGHFARE PROVIDED THAT EACH SUCH DWELLING UNIT IS EQUIPPED AS
A SEPARATE DWELLING UNIT WITH ALL ESSENTIAL SERVICES, AND ALSO  PROVIDED
THAT  EACH  SUCH  UNIT IS ARRANGED SO THAT IT MAY BE APPROVED AS A LEGAL
TWO-FAMILY OR THREE-FAMILY DWELLING.
  (2) THERE IS HEREBY ESTABLISHED A SEPARATE  PART  WITHIN  THE  HOUSING
PART  FOR  THE  HEARING OF ANY ACTION OR PROCEEDING OTHERWISE WITHIN THE
JURISDICTION OF THE HOUSING PART WHICH IS  BROUGHT  BY  OR  AGAINST  ANY
OWNER  OF  A  "PRIVATE  DWELLING",  AS  DEFINED IN PARAGRAPH ONE OF THIS
SUBDIVISION.
  (3) THE ADMINISTRATIVE JUDGE SHALL ASSIGN JUDGES TO  THE  PART  ESTAB-
LISHED IN PARAGRAPH TWO OF THIS SUBDIVISION WHO ARE BY KNOWLEDGE, TRAIN-
ING  AND  EXPERIENCE FAMILIAR WITH THE LAWS AND REGULATIONS THAT PARTIC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07215-01-9

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