|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to judiciary|
|Jan 06, 2011||referred to judiciary|
senate Bill S1291
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1291 - Details
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
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;
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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