senate Bill S1323

2011-2012 Legislative Session

Authorizes appearance by a tenant in the housing part without counsel

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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

Co-Sponsors

S1323 - Bill Details

Current Committee:
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §110, NYC Civ Ct Act
Versions Introduced in 2009-2010 Legislative Session:
S1648

S1323 - Bill Texts

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Authorizes any tenant who is party to an action in housing part to be represented by a person who is not an attorney, provided consent for such representation is made on the record, such person is prohibited from consenting to an entry of a judgment on behalf of a tenant and such person may not receive a fee or other remuneration for such representation.

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BILL NUMBER:S1323

TITLE OF BILL:
An act
to amend the New York city civil court act, in relation to
authorizing appearance without counsel within the housing part

PURPOSE OR GENERAL IDEA OF BILL:
This legislation enables a tenant to bring or delegate a representative
in housing court when they are unable to attend a hearing themselves.

SUMMARY OF SPECIFIC PROVISIONS:
Legislation would allow for a delegated party to represent a tenant
in Housing Court and that representative shall be delegated by the
tenant.

JUSTIFICATION:
Tenants who are faced with conflicting responsibilities or
situations which can make attending housing court problematic
should be allowed to bring or delegate a representative in
housing court. Allowing a representative in housing court would
prevent a tenant from facing possible eviction and homelessness.

PRIOR LEGISLATIVE HISTORY:
S.1649/A.2376 in the 2009/10 Session
S.495/A.949 in the 2007/08 Session
S.1141/A.2132 in the 2005/06 Session
S.2549/A.5567 in the 2003/04 Session
A.1804 in the 2001/02 Session
A.2591 in the 1999/00 Session
A.1279 in the 1997/98 Session
A.2299 in the 1995/96 Session

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First day of September following enactment.

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

                                  1323

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 6, 2011
                               ___________

Introduced  by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- 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
  authorizing appearance without counsel within the housing part

  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) ANY TENANT WHO IS A PARTY MAY BE REPRESENTED IN THE  HOUSING  PART
BY  COUNSEL  OR  BY  SUCH  OTHER  PERSON DESIGNATED IN WRITING OR ON THE
RECORD TO SPEAK ON BEHALF OF SUCH TENANT,  TRANSLATE  FOR  SUCH  TENANT,
AND/OR TO MAKE ANY APPLICATION, INCLUDING AN APPLICATION FOR ADJOURNMENT
ON BEHALF OF SUCH TENANT, PROVIDED, HOWEVER, THAT SUCH DESIGNATED REPRE-
SENTATIVE  IF  NOT  AUTHORIZED  TO PRACTICE LAW SHALL BE PROHIBITED FROM
ACCEPTING ANY FEE, COMPENSATION OR OTHER REMUNERATION FOR SUCH REPRESEN-
TATION SERVICES. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO
AUTHORIZE  SUCH DESIGNATED REPRESENTATIVE TO CONSENT TO THE ENTRY OF ANY
JUDGMENT AGAINST THE TENANT.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law and shall govern
all actions or proceedings commenced on or after such date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02921-01-1

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