S T A T E   O F   N E W   Y O R K
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                                  2694

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2011
                               ___________

Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
  tee on Judiciary

AN ACT to amend chapter 416 of the laws of 1893  relating  to  the  city
  court  of  Yonkers,  in relation to establishing a housing part of the
  city court

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

  Section  1.  Section  1  of title 1 of chapter 416 of the laws of 1893
relating to the city court of Yonkers is amended by adding a new  subdi-
vision (d) to read as follows:
  (D)  PURSUANT  TO SECTION 73-A IN CONJUNCTION WITH A PROCEEDING IN THE
HOUSING PART.
  S 2. Title 1 of chapter 416 of the laws of 1893 relating to  the  city
court  of  Yonkers  is  amended  by  adding a new section 1-a to read as
follows:
  S 1-A. HOUSING REMEDIES. THE COURT  SHALL  HAVE  JURISDICTION  OF  THE
FOLLOWING  ACTIONS  AND  PROCEEDINGS  PROVIDED  THAT  THE  REAL PROPERTY
INVOLVED OR PART OF IT IS SITUATED WITHIN THE CITY OF YONKERS:
  (A) ACTIONS AND PROCEEDINGS  FOR  THE  ESTABLISHMENT,  ENFORCEMENT  OR
FORECLOSURE OF LIENS UPON REAL PROPERTY AND UPON THE RENTS THEREFROM FOR
CRIMINAL  AND  CIVIL PENALTIES, OR FOR COSTS, EXPENSES AND DISBURSEMENTS
INCURRED BY THE CITY OF YONKERS IN THE ELIMINATION OR  CORRECTION  OF  A
NUISANCE  OR  OTHER  VIOLATIONS OF HOUSING STANDARDS, INCLUDING, BUT NOT
LIMITED TO, THE BUILDING, SANITARY, ZONING, AND FIRE CODES OF  THE  CITY
OF YONKERS;
  (B)  ACTIONS  AND  PROCEEDINGS  FOR  THE  ISSUANCE  OF INJUNCTIONS AND
RESTRAINING ORDERS OR OTHER ORDERS FOR THE ENFORCEMENT OF HOUSING STAND-
ARDS UNDER SUCH LAW; AND
  (C) SPECIAL PROCEEDINGS TO VEST TITLE IN THE CITY OF YONKERS TO  ABAN-
DONED MULTIPLE DWELLINGS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02988-01-1

              

A. 2694                             2

  S  3.  Chapter  416  of the laws of 1893 relating to the city court of
Yonkers  is amended by adding a new title 10-A to read as follows:
                                 TITLE X-A
                               HOUSING PART
  S  73-A.  HOUSING  PART.  (A)  A PART OF THE COURT SHALL BE DEVOTED TO
ACTIONS AND PROCEEDINGS INVOLVING THE ENFORCEMENT  OF  STATE  AND  LOCAL
LAWS FOR THE ESTABLISHMENT AND MAINTENANCE OF HOUSING STANDARDS, INCLUD-
ING,  BUT  NOT LIMITED TO, THE BUILDING, SANITARY, ZONING AND FIRE CODES
OF THE CITY OF YONKERS, AS FOLLOWS:
  (1) ACTIONS FOR THE IMPOSITION AND COLLECTION OF  CRIMINAL  AND  CIVIL
PENALTIES FOR THE VIOLATION OF SUCH LAWS.
  (2)  ACTIONS  FOR  THE COLLECTION OF COSTS, EXPENSES AND DISBURSEMENTS
INCURRED BY THE CITY OF YONKERS IN THE ELIMINATION OR  CORRECTION  OF  A
NUISANCE  OR  OTHER VIOLATION OF SUCH LAWS, OR IN THE REMOVAL OR DEMOLI-
TION OF ANY DWELLING PURSUANT TO SUCH LAWS.
  (3) ACTIONS AND PROCEEDINGS  FOR  THE  ESTABLISHMENT,  ENFORCEMENT  OR
FORECLOSURE  OF  LIENS  UPON  REAL PROPERTY AND UPON RENTS THEREFROM FOR
CRIMINAL AND CIVIL PENALTIES, OR FOR COSTS, EXPENSES  AND  DISBURSEMENTS
INCURRED  BY  THE  CITY OF YONKERS IN THE ELIMINATION OR CORRECTION OF A
NUISANCE OR OTHER VIOLATION OF SUCH LAWS.
  (4) PROCEEDINGS FOR THE ISSUANCE OF INJUNCTIONS AND RESTRAINING ORDERS
OR OTHER ORDERS FOR THE ENFORCEMENT  OF  HOUSING  STANDARDS  UNDER  SUCH
LAWS.
  (5)  ACTIONS  AND  PROCEEDINGS  UNDER ARTICLE 7-A OF THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, AND  ALL  SUMMARY  PROCEEDINGS  TO  RECOVER
POSSESSION  OF  RESIDENTIAL PREMISES, TO REMOVE TENANTS THEREFROM AND TO
RENDER JUDGMENT FOR RENT DUE,  INCLUDING  WITHOUT  LIMITATION  CASES  IN
WHICH  A TENANT ALLEGES A DEFENSE UNDER SECTION 755 OF THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW, RELATING TO STAY OF PROCEEDINGS  OR  ACTION
FOR  RENT  UPON  FAILURE  TO  MAKE  REPAIRS, AND ACTIONS AND PROCEEDINGS
RELATING TO THE ABATEMENT OF RENT.
  (6) PROCEEDINGS FOR THE APPOINTMENT OF A RECEIVER OF RENTS, ISSUES AND
PROFITS OF BUILDINGS IN ORDER TO REMOVE OR REMEDY A NUISANCE OR TO  MAKE
REPAIRS REQUIRED TO BE MADE UNDER SUCH LAWS.
  (7)  ACTIONS  AND  PROCEEDINGS  FOR  THE REMOVAL OF HOUSING VIOLATIONS
RECORDED PURSUANT TO SUCH LAWS, OR FOR THE IMPOSITION OF SUCH  VIOLATION
OR FOR THE STAY OF ANY PENALTY THEREUNDER.
  (8)  SPECIAL PROCEEDINGS TO VEST TITLE IN THE CITY OF YONKERS TO ABAN-
DONED MULTIPLE DWELLINGS.
  (B) SUCH PART OF THE COURT SHALL, IN ADDITION  TO  THOSE  ACTIONS  AND
PROCEEDINGS  ASSIGNED  IN  SUBDIVISION  (A) OF THIS SECTION, BE ASSIGNED
SUCH ACTIONS AND PROCEEDINGS AS SHALL BE DEEMED APPROPRIATE BY THE CHIEF
JUDGE OF THE CITY COURT.
  (C) THE CITY DEPARTMENT CHARGED WITH ENFORCING THE BUILDING  CODE  AND
OTHER STATE AND LOCAL LAWS APPLICABLE TO THE ENFORCEMENT OF PROPER HOUS-
ING  STANDARDS  MAY COMMENCE ANY ACTION OR PROCEEDING DESCRIBED IN PARA-
GRAPHS (1), (2), (3), (4), (6)  AND  (7)  OF  SUBDIVISION  (A)  OF  THIS
SECTION BY AN ORDER TO SHOW CAUSE, RETURNABLE WITHIN FIVE DAYS, OR WITH-
IN  ANY OTHER TIME PERIOD IN THE DISCRETION OF THE COURT. UPON THE SIGN-
ING OF SUCH ORDER, THE CLERK OF THE HOUSING PART SHALL  ISSUE  AN  INDEX
NUMBER.
  (D)  ON  THE  APPLICATION OF ANY CITY DEPARTMENT, ANY PARTY, OR ON ITS
OWN MOTION, THE HOUSING PART OF  THE  CITY  COURT  MAY  CONSOLIDATE  ALL
ACTIONS AND PROCEEDINGS PENDING IN SUCH PART AS TO ANY BUILDING.
  (E)  REGARDLESS  OF THE RELIEF ORIGINALLY SOUGHT BY A PARTY, THE COURT
MAY RECOMMEND OR EMPLOY  ANY  REMEDY,  PROGRAM,  PROCEDURE  OR  SANCTION

A. 2694                             3

AUTHORIZED  BY  LAW  FOR  THE  ENFORCEMENT  OF  HOUSING STANDARDS, IF IT
BELIEVES THEY WILL BE MORE EFFECTIVE  TO  ACCOMPLISH  COMPLIANCE  OR  TO
PROTECT  AND PROMOTE THE PUBLIC INTEREST; PROVIDED IN THE EVENT ANY SUCH
PROPOSED  REMEDY, PROGRAM OR PROCEDURE ENTAILS THE EXPENDITURE OF MONIES
APPROPRIATED BY THE CITY, OTHER THAN FOR THE UTILIZATION AND  EMPLOYMENT
OF  PERSONNEL  AND  SERVICES  INCIDENTAL  THERETO,  THE COURT SHALL GIVE
NOTICE OF SUCH PROPOSED REMEDY, PROGRAM OR PROCEDURE TO THE CITY DEPART-
MENT CHARGED WITH THE ENFORCEMENT OF  LOCAL  LAWS  RELATING  TO  HOUSING
MAINTENANCE AND SHALL NOT EMPLOY SUCH PROPOSED REMEDY, PROGRAM OR PROCE-
DURE,  AS  THE CASE MAY BE, IF SUCH DEPARTMENT SHALL ADVISE THE COURT IN
WRITING WITHIN THE TIME FIXED BY THE COURT, WHICH SHALL NOT BE LESS THAN
FIFTEEN DAYS AFTER SUCH NOTICE HAS BEEN GIVEN, OF THE REASONS SUCH ORDER
SHOULD NOT BE ISSUED, WHICH ADVICE SHALL BECOME PART OF THE RECORD.  THE
COURT  MAY  RETAIN  CONTINUING  JURISDICTION OF ANY ACTION OR PROCEEDING
RELATING TO A BUILDING UNTIL ALL VIOLATIONS OF LAW HAVE BEEN REMOVED.
  (F) IN ANY OF THE ACTIONS OR PROCEEDINGS SPECIFIED IN SUBDIVISIONS (A)
AND (B) OF THIS SECTION, AND ON THE APPLICATION OF ANY PARTY OR ANY CITY
DEPARTMENT OR, ON ITS OWN MOTION, THE COURT MAY JOIN ANY OTHER PERSON OR
CITY DEPARTMENT AS A PARTY IN ORDER TO EFFECTUATE PROPER HOUSING MAINTE-
NANCE STANDARDS AND TO PROMOTE THE PUBLIC INTEREST.
  (G) ACTIONS AND PROCEEDINGS BEFORE THE HOUSING  PART  SHALL  BE  TRIED
BEFORE A CITY COURT JUDGE OR JUDGES.
  (H)  THE CHIEF JUDGE OF THE CITY COURT SHALL ASSIGN ONE OR MORE OF THE
JUDGES OF SUCH COURT TO SERVE AS JUDGE OF THE HOUSING PART.
  (I) HEARINGS MAY BE RECORDED MECHANICALLY IN  THE  DISCRETION  OF  THE
COURT. A PARTY MAY REQUEST A TRANSCRIPT FROM A MECHANICAL RECORDING. ANY
PARTY  MAKING  A REQUEST FOR A COPY OF EITHER A MECHANICALLY OR MANUALLY
RECORDED TRANSCRIPT SHALL BEAR THE COST THEREOF AND SHALL FURNISH A COPY
OF THE TRANSCRIPT TO THE COURT, AND TO THE OTHER PARTIES.
  (J) ANY CITY DEPARTMENT CHARGED WITH ENFORCING ANY STATE OR LOCAL  LAW
APPLICABLE TO THE ENFORCEMENT OF PROPER HOUSING STANDARDS MAY BE REPRES-
ENTED  IN  THE  HOUSING  PART  BY  CORPORATION  COUNSEL IN ANY ACTION OR
PROCEEDING IN WHICH IT IS A PARTY. A CORPORATION WHICH IS A PARTY MAY BE
REPRESENTED BY AN OFFICER, DIRECTOR OR A PRINCIPAL STOCKHOLDER,  OR  ANY
EMPLOYEE AUTHORIZED BY THE CORPORATION.
  (K)  NOTHING  CONTAINED  IN  THIS  SECTION SHALL IN ANY WAY AFFECT THE
RIGHT OF ANY PARTY TO TRIAL BY JURY AS HERETOFORE PROVIDED BY LAW.
  (L) THERE SHALL BE A SUFFICIENT NUMBER OF PRO SE CLERKS OF THE HOUSING
PART TO ASSIST PERSONS WITHOUT COUNSEL. SUCH ASSISTANCE  SHALL  INCLUDE,
BUT NEED NOT BE LIMITED TO, PROVIDING INFORMATION REGARDING COURT PROCE-
DURE,  HELPING  TO  FILE  COURT PAPERS, AND, WHERE APPROPRIATE, ADVISING
PERSONS TO SEEK ADMINISTRATIVE RELIEF.
  (M) ON THE DATE UPON WHICH A PETITION TO RECOVER  POSSESSION  OF  REAL
PROPERTY  BASED  UPON  NONPAYMENT OF RENT IS NOTICED TO BE HEARD, IN ANY
CASE IN WHICH BREACH OF THE WARRANTY OF HABITABILITY  OR  OTHER  TRIABLE
ISSUES  OF  FACT  ARE  RAISED,  JURISDICTION  IS NOT CONTESTED, AND FULL
PAYMENT OF RENT NOT ALLEGED, THE COURT SHALL GRANT A REASONABLE ADJOURN-
MENT FOR TRIAL PURPOSES, AND MAY DIRECT THE RESPONDENT TO PAY THE UNPAID
RENT INTO ESCROW IN THE COURT CLERK'S OFFICE PRIOR TO TRIAL,  UPON  SUCH
TERMS  AS MAY BE JUST. WHERE SUCH ESCROW IS ORDERED, RESPONDENT SHALL BE
INFORMED BY THE COURT THAT DEFAULT IN PAYMENT OF SUCH ESCROW WILL RESULT
IN THE ENTRY OF A DEFAULT  JUDGMENT  AGAINST  RESPONDENT.  IN  ANY  SUCH
CASES,  THE  COURT  MAY  CONDITION THE GRANTING OF A STAY IN AN ORDER TO
SHOW CAUSE UPON THE DEPOSIT OF A SIMILAR ESCROW  IN  THE  COURT  CLERK'S
OFFICE  PRIOR  TO  THE RETURN DATE OF SUCH ORDER, AND UPON SUCH TERMS AS

A. 2694                             4

MAY BE JUST. DISPOSITION OF SUCH ESCROW  AMOUNTS  SHALL  BE  SUBJECT  TO
FURTHER ORDER OF THE COURT.
  S  4. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.