senate Bill S1291

2011-2012 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 Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jan 06, 2011 referred to judiciary

S1291 - Bill Details

See Assembly Version of this Bill:
A506
Current Committee:
Senate Judiciary
Law Section:
New York City Civil Court Act
Laws Affected:
Amd ยง110, NYC Civ Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S1524, A1443

S1291 - Bill Texts

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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, that they have a right to have the premises inspected to confirm any claim of dangerous or unhealthy conditions, that they may have a right to withhold rent for failure to make repairs and that OCA sells information to residential tenant screening companies.

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BILL NUMBER:S1291

TITLE OF BILL:
An act
to amend the New York city civil court act, in relation to requiring
the housing court to provide certain information to tenants

PURPOSE OR GENERAL IDEA OF BILL:
This bill requires tenants in housing court to be given certain
information when receiving or submitting certain information to
tenants.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend section 110 of the New York city Civil Court Act
by adding a new subdivision Q.

EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER:
States that included with any and all documents submitted to a tenant
in non-payment or eviction proceeding that there shall be a statement
informing the tenant of the following:

1) That housing court clerks cannot determine the validity of cases
and that they have a right to a trial;

2) That tenants can offset poor services or lack of repairs against
the rent;

3) That tenants may call for an inspection while filing the proper
paperwork and can wait for the inspection to be ordered by a housing
judge;

4) That tenants may at any time go to a pro se clerk for advice;

5) That only a housing court judge may force or ask a tenant to leave
his or her apartment;

6) The office of court administration sells information to residential
screening companies;

7) Legal fees, late fees and any other fees may only be imposed by a
housing judge and they are not considered part of any rent due.

JUSTIFICATION:
Currently many tenants who go into housing court are not informed of
their rights. This bill would ensure that tenants involved in
non-payment or eviction proceedings are at least given a list
informing them of
their basic rights in the court. Because these proceedings can be very
intimidating, tenants should be well-informed before they go into
court.

PRIOR LEGISLATIVE HISTORY:
2005-2006: S.7067-A Died in Senate Judiciary Committee
2007: S.1806 (Duane), Died in Judiciary
2008: S.1806 (Duane), Died in Judiciary


2009: S.1524 (Duane), Died in Judiciary
2010: S.1524 (Duane), Died in Judiciary

FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

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

                                  1291

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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
  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)  THE  OFFICE OF COURT ADMINISTRATION SELLS INFORMATION TO RESIDEN-
TIAL TENANT SCREENING COMPANIES, WHICH  RESULTS  IN  THE  TENANT'S  NAME
APPEARING  ON  NATIONWIDE REPORTS SOLD BY THESE COMPANIES TO PROSPECTIVE
LANDLORDS.  THIS MAY RESULT IN A TENANT  BEING  BLACKLISTED  AND  HAVING
DIFFICULTIES  GETTING  ANOTHER APARTMENT. INFORMATION FROM HOUSING COURT
CASES MAY ALSO BE OBTAINED BY THE MAJOR CREDIT REPORTING COMPANIES WHICH
MAY AFFECT A TENANT'S CREDIT SCORE.
  (7) 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01132-01-1

S. 1291                             2

AND  THEY  ARE  NOT  CONSIDERED  PART  OF  ANY RENT DUE UNLESS THE LEASE
EXPRESSLY ESTABLISHES THEM AS SUCH.
  (8)  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
PRIOR TO THE ISSUANCE OR SERVICE OF A WARRANT, BUT NO ONE MAY  COMPEL  A
TENANT WITHOUT HIS OR HER CONSENT TO ABANDON THE TENANCY.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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