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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jan 06, 2011 referred to judiciary

S1291 - Details

See Assembly Version of this Bill:
A506
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 - 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, 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.

S1291 - Sponsor Memo

S1291 - Bill Text download pdf

                    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

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