senate Bill S1809

2013-2014 Legislative Session

Creates a subpart of the housing part to handle cases involving condominiums and cooperative buildings

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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 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S1809 - Bill Details

See Assembly Version of this Bill:
A372
Current Committee:
Law Section:
New York City Civil Court Act
Laws Affected:
Amd ยง110, NYC Civ Ct Act
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5250, A797
2009-2010: A871

S1809 - Bill Texts

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Creates a special subpart of the housing part within the NYC civil court to handle cases involving condominiums and cooperative buildings.

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BILL NUMBER:S1809

TITLE OF BILL:
An act
to amend the New York city civil court act, in relation to establishing
a subpart to hear housing matters related to cooperative and condominium
buildings

PURPOSE OR GENERAL IDEA OF BILL:
To create a separate part in the Housing Court to specialize in
housing matters arising in cooperative and condominium buildings.

SUMMARY OF SPECIFIC PROVISIONS:

Section 110 of the New York City civil court act is amended by adding
a new subdivision q to provide for a separate subpart of the housing
court which shall be devoted to actions and proceedings involving
cooperative and condominium buildings for such matters which are
within the jurisdiction of the Housing Court.

JUSTIFICATION:
A separate part of the Housing Court for housing matters arising in
cooperative and condominium buildings would, to a large degree,
reduce the congestion in other parts of the Housing Court by the
removal of these cases which are different from standard rental
housing cases. It would expedite the hearing of the cases relating to
cooperatives and condominiums, because they would be heard by judges
more knowledgeable in this area. This would result in better-honed
and fairer decisions.

PRIOR LEGISLATIVE HISTORY:
2009-10 A.871 - Referred to Housing
2007-08 A.3131 Referred to Housing
2005-06 A.1432 Referred to Housing/S.1791 - Referred to Judiciary
Housing
2003-04 A.2027 Referred to Housing
2001-02 A.1844 Referred to Housing/S.722 - Referred to Judiciary

FISCAL IMPLICATIONS:
Negligible. A separate part in Housing Court could be implemented
without increasing the number of judges in the space currently
devoted to Housing Court. The modest administrative cost of
establishing this program and screening incoming cases so as to
direct those involving cooperatives and condominiums to the new part
will be quickly offset by the time and money saved in expedited
resolution of cases. Judges versed in the relationships between the
board and residents in these resident owned and governed buildings
will be able to hand down decisions that interpret the law
consistently and clearly. This should also lead to an additional
benefit in the form of fewer appeals, which would even further reduce
the burden on the courts.

EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.


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

                                  1809

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sen. ESPAILLAT -- 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 estab-
  lishing  a  subpart to hear housing matters related to cooperative and
  condominium buildings

  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) A SEPARATE SUBPART OF THE HOUSING PART ESTABLISHED BY THIS SECTION
SHALL  BE  DEVOTED  TO ACTIONS AND PROCEEDINGS INVOLVING COOPERATIVE AND
CONDOMINIUM BUILDINGS FOR SUCH MATTERS WHICH ARE WITHIN THE JURISDICTION
OF THE HOUSING PART.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02655-01-3

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