senate Bill S3158A

2013-2014 Legislative Session

Revises proceedings to recover possession to prevent avoidable eviction and resulting homelessness; requires improved notice to the respondent

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 24, 2014 print number 3158a
amend and recommit to housing, construction and community development
Jan 08, 2014 referred to housing, construction and community development
Jan 31, 2013 referred to housing, construction and community development

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S3158 - Bill Details

See Assembly Version of this Bill:
A3867
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711, 721, 731, 741, 743, 745, 749 & 751, RPAP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S451, A1729
2009-2010: S3849, A5676

S3158 - Bill Texts

view summary

Revises proceedings to recover possession of premises located in a multiple dwelling; requires premises to be registered with the local agency responsible for code enforcement; petition shall be stated in plain language and include notice of the rights of the respondent and a statement of any outstanding code violations on the premises and whether rent payments from a public assistance office is being withheld therefor; provides civil penalties for willful misstatements on such petition.

view sponsor memo
BILL NUMBER:S3158

TITLE OF BILL: An act to amend the real property actions and
proceedings law, in relation to proceedings to recover possession

PURPOSE OR GENERAL IDEA OF BILL: To provide greater procedural rights
and notifications to tenants in eviction proceedings.

SUMMARY OF SPECIFIC PROVISIONS: This bill would: 1) Provide that
eviction proceedings could not be instituted unless the multiple
dwelling was registered with the appropriate code enforcement agency;

2) Require the use of a plain language petition, designed by the
Office of Court Administration;

3) Require that the petition states whether there are any outstanding
code violations on the premises, states whether the petitioner has
been notified by the local department of social services that payment
for rent is being withheld, and states whether the premises is
subsidized under any program which requires that certain conditions be
met in connection with lease termination or eviction;

4) Impose penalties for any willful material misstatement by the
petitioner in the petition;

5) Require that the three day notice of eviction include a statement
advising the respondent that emergency assistance may be available
from the local department of social services;

6) Provide that upon notification by the local department of social
services that an application for such assistance is pending, the
officer would not execute the warrant until the officer is advised of
the determination of the application; and

7) Allow stays of an eviction warrant upon payment of rent or other
charges owed up until the time that the warrant is actually executed
and the eviction occurs, and would also stay the warrant if the local
department of social services provides written assurance the overdue
rent would be paid.

JUSTIFICATION: Despite years of a growing state and local commitment
to the homeless of New York State, costing New York taxpayers hundreds
of millions of dollars in emergency social services assistance,
emergency shelter and related expenditures, the numbers of homeless
men, women and children continue to grow. Most of these expenditures
are related to the costs that are incurred after an individual or a
family loses its housing. While these costs place a great burden on
state and local governments, few state and local efforts have been
directed toward preventing homelessness before it occurs. The bill
would make a series of procedural enhancements in the context of the
eviction proceeding that would make it possible for tenants in these
proceedings to defend against an eviction more effectively. These
provisions would ensure that the tenant was aware of the rights
already granted by law and would equip the tenant to exercise these
rights more effectively.


FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: The first of January next succeeding the date on
which it shall become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3158

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced by Sens. KRUEGER, SERRANO, STAVISKY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Housing,
  Construction and Community Development

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to proceedings to recover possession

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The opening paragraph of section 711 of the real property
actions and proceedings law, as amended by chapter 739 of  the  laws  of
1982, is amended to read as follows:
  [A]  NO  TENANT  IN  A  RESIDENTIAL  DWELLING  SHALL  BE  REMOVED FROM
POSSESSION EXCEPT IN A SPECIAL  PROCEEDING  OR  THROUGH  OTHER  JUDICIAL
PROCESS.  FOR  THE  PURPOSES  OF THIS ARTICLE, A tenant shall include an
occupant of one or more rooms in a rooming  house  or  a  resident,  not
including  a transient occupant, of one or more rooms in a hotel who has
been in possession for thirty consecutive days or longer[; he shall  not
be  removed  from possession except in a special proceeding].  A special
proceeding may be maintained  under  this  article  upon  the  following
grounds:
  S  2.  Subdivision  1  of section 721 of the real property actions and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1. The landlord or lessor,  PROVIDED,  HOWEVER,  THAT  NO  PERSON  MAY
INSTITUTE A PROCEEDING PURSUANT TO THIS ARTICLE WITH RESPECT TO PREMISES
LOCATED  IN  A  MULTIPLE  DWELLING  UNTIL  SUCH TIME AS THE OWNER OF THE
MULTIPLE DWELLING HAS REGISTERED PROPERLY WITH  THE  AGENCY  RESPONSIBLE
FOR CODE ENFORCEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE
HUNDRED  OF  THE  MULTIPLE RESIDENCE LAW OR SECTION THREE HUNDRED OF THE
MULTIPLE DWELLING LAW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01794-01-3

S. 3158                             2

  S 3. Subdivision 1 of section 731 of the  real  property  actions  and
proceedings  law,  as  amended  by  chapter  563 of the laws of 1994, is
amended to read as follows:
  1.  The  special  proceeding  prescribed  by  this  article  shall  be
commenced by petition and a notice of petition  PREPARED  IN  ACCORDANCE
WITH RULES APPROVED BY THE APPELLATE DIVISION WITH JURISDICTION OVER THE
PROCEEDINGS.  SUCH  RULES  SHALL PROVIDE FOR THE USE OF LANGUAGE THAT IS
DESIGNED TO BE UNDERSTOOD BY THE RESPONDENT IN THE PROCEEDING. THE PETI-
TION SHALL INCLUDE SUCH OTHER NOTICE OF THE RIGHTS OF THE RESPONDENT  AS
MAY  BE  DEEMED APPROPRIATE, INCLUDING A STATEMENT THAT A FORM ANSWER IS
AVAILABLE FROM THE CLERK OF THE COURT.   A notice  of  petition  may  be
issued  only by an attorney, judge or the clerk of the court; it may not
be issued by a party prosecuting the proceeding in person.
  S 4. Section 741 of the real property actions and proceedings  law, as
added by chapter 312 of the laws  of  1962,  the  opening  paragraph  as
amended  by chapter 583 of the laws of 1979 and subdivision 5 as amended
by chapter 302 of the laws of 1976, is amended to read as follows:
  S 741.  Contents of petition.  The petition shall be verified  by  the
person authorized by section seven hundred twenty-one OF THIS ARTICLE to
maintain the proceeding; or by a legal representative, attorney or agent
of  such  person pursuant to subdivision (d) of section [thirty hundred]
THREE THOUSAND twenty of the civil practice law and rules.  An  attorney
of  such  person  may  verify  the  petition  on  information and belief
notwithstanding the fact that such person is in  the  county  where  the
attorney has his office.  Every petition shall:
  1.    State  the interest of the petitioner in the premises from which
removal is sought.
  2.  State the respondent's interest in the premises and his  relation-
ship to petitioner with regard thereto.
  3.  Describe the premises from which removal is sought.
  4.  STATE WHETHER THERE ARE ANY VIOLATIONS OF ANY STATE OR LOCAL HOUS-
ING CODES WHICH REMAIN OUTSTANDING ON THE PREMISES OR COMMON  AREAS.  IN
CITIES  WITH A POPULATION OF ONE MILLION OR MORE, OR IN ANY MUNICIPALITY
IN WHICH HOUSING CODE VIOLATIONS ARE CLASSIFIED BY DEGREE OF  THREAT  TO
HEALTH  AND SAFETY, THE PETITION SHALL ITEMIZE ANY SUCH VIOLATIONS WHICH
HAVE BEEN IDENTIFIED BY THE APPLICABLE CODE ENFORCEMENT  AGENCY  IN  ITS
NOTICE  OF  VIOLATION  AS  BEING "HAZARDOUS", "IMMEDIATELY HAZARDOUS" OR
WHICH HAVE BEEN OTHERWISE CATEGORIZED  AS  CONSTITUTING  A  SERIOUS,  OR
IMMINENT, THREAT TO HEALTH AND SAFETY OR REQUIRING IMMEDIATE REPAIR.
  5. STATE WHETHER THE PETITIONER HAS BEEN NOTIFIED BY THE LOCAL DEPART-
MENT OF SOCIAL SERVICES THAT PAYMENT FOR RENT IS BEING WITHHELD PURSUANT
TO  SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL SERVICES LAW FOR ANY
PORTION OF THE PREMISES.
  6. WITH RESPECT TO PREMISES SUBSIDIZED DIRECTLY OR INDIRECTLY UNDER  A
STATE  OR  FEDERAL  PROGRAM  WHICH  REQUIRES  THAT  CONDITIONS BE MET IN
CONNECTION WITH LEASE TERMINATION OR EVICTION, STATE  THE  NAME  OF  THE
PROGRAM, THE NAME OF THE AGENCY CHARGED WITH SUPERVISION AND WHETHER THE
PETITIONER  HAS  COMPLIED  WITH  ALL  APPLICABLE  RULES, REGULATIONS AND
ADMINISTRATIVE HEARING REQUIREMENTS AND HAS SERVED ALL NOTICES  REQUIRED
IN  CONNECTION  WITH  LEASE  TERMINATION OR EVICTION FROM THAT PUBLIC OR
SUBSIDIZED HOUSING PROGRAM.
  7.  State the facts upon which the special proceeding is based.
  [5.] 8.  State the relief sought.  The relief may include  a  judgment
for rent due, and for a period of occupancy during which no rent is due,
for the fair value of use and occupancy of the premises if the notice of

S. 3158                             3

petition  contains  a  notice that a demand for such a judgment has been
made.
  ANY  WILLFUL  MATERIAL MISSTATEMENT OR OMISSION BY THE PETITIONER WITH
RESPECT TO THE REQUIREMENTS OF THIS SECTION SHALL SUBJECT THE PETITIONER
TO A CIVIL PENALTY, NOT TO EXCEED ONE THOUSAND DOLLARS, TO  BE  ASSESSED
IN  THE EVICTION PROCEEDING OR IN A SUBSEQUENT PLENARY ACTION. THE PETI-
TIONER MAY REQUEST LEAVE OF THE COURT TO  AMEND  THE  PETITION  FOR  THE
PURPOSE OF CORRECTING MATERIAL MISSTATEMENTS OR CURING OMISSIONS. IN THE
EVENT  LEAVE  TO  AMEND  IS GRANTED, THE RESPONDENT SHALL BE PROVIDED AN
ADJOURNMENT TO RESPOND OF NOT LESS  THAN  TEN  DAYS  FROM  THE  DATE  OF
SERVICE  OF  THE  AMENDED PETITION. A PETITIONER SHALL BE DEEMED TO HAVE
MADE A MATERIAL MISSTATEMENT OR OMISSION WITH RESPECT  TO  THE  REQUIRE-
MENTS  OF  SUBDIVISION FOUR OF THIS SECTION UPON SUBMISSION TO THE COURT
OF CERTIFIED RECORDS, OR OTHERWISE PROPERLY  AUTHENTICATED  RECORDS,  OF
THE   LOCAL  AGENCY  OR  AGENCIES  CHARGED  WITH  CODE  COMPLIANCE  THAT
VIOLATIONS OF APPLICABLE CODES, OTHER THAN TENANT CAUSED OR HOUSEKEEPING
AS DETERMINED BY THE COURT, WERE OUTSTANDING AT THE TIME OF THE  VERIFI-
CATION  OF  THE  PETITION  WHICH  WERE NOT DESCRIBED THEREIN. A MATERIAL
MISSTATEMENT SHALL BE DEEMED WILLFUL UNLESS THE PETITIONER CAN ESTABLISH
BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH MISSTATEMENT WAS NOT  WILL-
FUL. IN ADDITION TO THE FOREGOING, IN THE EVENT THAT AN EVICTION WARRANT
IS  EXECUTED IN A PROCEEDING IN WHICH A WILLFUL MATERIAL MISSTATEMENT IS
MADE, THE RESPONDENT SHALL BE ENTITLED TO DAMAGES  NOT  EXCEEDING  THREE
TIMES  THE  COSTS  INCURRED AS A RESULT OF THE EVICTION UNLESS THE PETI-
TIONER CAN ESTABLISH THAT THE EVICTION WOULD HAVE BEEN JUSTIFIED REGARD-
LESS OF THE MISSTATEMENT.
  S 5. Section 743 of the real property actions and proceedings law,  as
amended  by  chapter  644  of  the  laws  of 2003, is amended to read as
follows:
  S 743. Answer. Except as provided in section [732] SEVEN HUNDRED THIR-
TY-TWO OF THIS ARTICLE, relating to  a  proceeding  for  non-payment  of
rent,  at  the  time when the petition is to be heard the respondent, or
any person in possession or claiming possession  of  the  premises,  may
answer, orally or in writing. If the answer is oral the substance there-
of  shall  be  recorded  by  the  clerk or, if a particular court has no
clerk, by the presiding judge or justice of such court,  and  maintained
in  the  case record. A FORM ANSWER, IN A FORM APPROVED BY THE APPELLATE
DIVISION WITH JURISDICTION OVER THE PROCEEDING, SHALL BE MADE  AVAILABLE
TO  THE  RESPONDENT  BY  THE  CLERK  OF THE COURT. THE FORM ANSWER SHALL
INCLUDE POSSIBLE DEFENSES TO THE PROCEEDING, INCLUDING BUT  NOT  LIMITED
TO  DEFENSES  ESTABLISHED  BY  SECTIONS TWO HUNDRED TWENTY-THREE AND TWO
HUNDRED THIRTY-FIVE-B OF THE REAL  PROPERTY  LAW,  SECTION  ONE  HUNDRED
FORTY-THREE-B  OF  THE  SOCIAL  SERVICES  LAW  AND SECTION THREE HUNDRED
FIVE-A OF THE MULTIPLE RESIDENCE LAW. If  the  notice  of  petition  was
served at least eight days before the time at which it was noticed to be
heard  and  it  so demands, the answer shall be made at least three days
before the time the petition is noticed to be heard and, if in  writing,
it shall be served within such time; whereupon any reply shall be served
at  least  one day before such time. The answer may contain any legal or
equitable defense, or counterclaim. The  court  may  render  affirmative
judgment for the amount found due on the counterclaim.
  S  6.  Subdivision  1  of section 745 of the real property actions and
proceedings law, as amended by chapter 403  of  the  laws  of  1983,  is
amended to read as follows:
   1.  Where  triable  issues of fact are raised, they shall be tried by
the court unless, at the time the petition is noticed  to  be  heard,  a

S. 3158                             4

party  demands  a  trial  by jury, in which case trial shall be by jury.
WHEN THE PETITION INDICATES PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
SEVEN HUNDRED FORTY-ONE OF THIS ARTICLE, THAT THERE ARE OUTSTANDING CODE
VIOLATIONS,  THE COURT SHALL INQUIRE REGARDING THE DURATION AND SEVERITY
OF THE OUTSTANDING  VIOLATIONS  AND  MAY  STAY  THE  PROCEEDING  PENDING
REMOVAL  OF  THE  VIOLATIONS  IN  ACCORDANCE  WITH SECTION SEVEN HUNDRED
FIFTY-FIVE OF THIS ARTICLE, OR MAKE OTHER DISPOSITION OF THE  PROCEEDING
INCLUDING GRANTING A TOTAL OR PARTIAL ABATEMENT OF RENT, OR DISMISSAL OF
THE  PROCEEDING,  AS  APPROPRIATE.  At the time when issue is joined the
court, in its discretion at the request of either party and  upon  proof
to its satisfaction by affidavit or orally that an adjournment is neces-
sary  to  enable the applicant to procure his necessary witnesses, or by
consent of all the parties who appear, may  adjourn  the  trial  of  the
issue, but not more than ten days, except by consent of all parties.
  S  7. Section 749 of the real property actions and proceedings  law is
amended by adding two new subdivisions 4 and 5 to read as follows:
  4. THE NOTICE DESCRIBED IN  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL
INCLUDE  A  STATEMENT ADVISING THE RESPONDENT THAT ASSISTANCE TO PREVENT
THE EVICTION OR OTHERWISE TO PREVENT THE RESPONDENT FROM BECOMING  HOME-
LESS  MAY  BE AVAILABLE FROM THE LOCAL DEPARTMENT OF SOCIAL SERVICES AND
SHALL INCLUDE THE PHONE NUMBER PROVIDED TO THE  ENFORCEMENT  OFFICER  BY
ANY PRIVATE OR PUBLIC AGENCY PROVIDING SUCH ASSISTANCE AT THE REQUEST OF
SUCH  AGENCY.  REFERRAL  TO  LEGAL  AID,  LEGAL  SERVICES OR OTHER LEGAL
ASSISTANCE OFFICES SHALL ALSO BE INCLUDED ON SUCH NOTICES AT THE REQUEST
OF SUCH OFFICES. IN A PROCEEDING BASED  UPON  NON-PAYMENT,  SUCH  NOTICE
SHALL  ALSO  ADVISE  THE  RESPONDENT OF THE RENT DETERMINED DUE TOGETHER
WITH TAXES, ASSESSMENTS, INTEREST, PENALTIES  AND  COSTS  IN  ACCORDANCE
WITH THE PROVISION OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-ONE
OF  THIS ARTICLE, AND SHALL ADVISE THE RESPONDENT OF THE AMOUNT REQUIRED
AND PROCEDURE FOR PAYMENT.
  5. UPON WRITTEN OR ORAL NOTIFICATION TO THE OFFICER BY  AN  AUTHORIZED
REPRESENTATIVE OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES THAT AN APPLI-
CATION  FOR  ASSISTANCE  TO PREVENT EVICTION IS PENDING ON BEHALF OF THE
RESPONDENT HOUSEHOLD, THE OFFICER SHALL REFRAIN FROM  EXECUTION  OF  THE
WARRANT  UNTIL  SUCH  TIME  AS  THAT  OFFICER  IS  ADVISED BY THE SOCIAL
SERVICES OFFICIAL OF THE DETERMINATION OF  SUCH  APPLICATION,  PROVIDED,
HOWEVER,  THAT  THE  SOCIAL SERVICES DISTRICT SHALL GUARANTEE PAYMENT TO
THE PETITIONER FOR ANY ADDITIONAL RENT ACCRUING DURING THIS PERIOD TO BE
CALCULATED ON A PRO-RATA BASIS FOR THE NUMBER OF DAYS  DELAY  OCCASIONED
BY THE OPERATION OF THIS PROVISION.
  S  8.  The  opening  paragraph and subdivision 1 of section 751 of the
real property actions and proceedings  law, as added by chapter  312  of
the laws of 1962, are amended to read as follows:
   The  respondent  may,  at  any  time  before  a  warrant  is [issued]
EXECUTED,  stay  the  [issuing]  EXECUTION  thereof  and  also  stay  an
execution to collect the costs, as follows:
  1.    Where  the  lessee  or  tenant holds over after a default in the
payment of rent, or of taxes or assessments, he may  effect  a  stay  by
depositing  the  amount of the rent due or of such taxes or assessments,
and interest and penalty, if any thereon  due,  and  the  costs  of  the
special  proceeding, with the clerk of the court, or where the office of
clerk is not provided for, with the court,  who  shall  thereupon,  upon
demand,  pay  the amount deposited to the petitioner or his duly author-
ized agent; or by delivering to the  court  or  clerk  [his]  A  WRITTEN
ASSURANCE  BY  AN  AUTHORIZED  REPRESENTATIVE OF THE LOCAL DEPARTMENT OF
SOCIAL SERVICES OR AN undertaking to the petitioner in such sum  as  the

S. 3158                             5

court  approves to the effect that [he will pay] the rent[, or] DUE WILL
BE PAID TOGETHER WITH such taxes or assessments, and interest and penal-
ty and costs within ten days, at the expiration of which time a  warrant
may issue, unless [he] THE RESPONDENT produces to the court satisfactory
evidence of the payment.
  S  9. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
actions  and  proceedings  commenced  on  or  after such effective date,
provided, however, that effective immediately, all  actions  and  proce-
dures  with  respect  to the proposed adoption, amendment, suspension or
repeal of any rule or regulation necessary to the timely  implementation
of this act on its effective date are directed and authorized to be made
and completed on or before such effective date.

Co-Sponsors

S3158A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3867
Current Committee:
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §§711, 721, 731, 741, 743, 745, 749 & 751, RPAP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S451, A1729
2009-2010: S3849, A5676

S3158A (ACTIVE) - Bill Texts

view summary

Revises proceedings to recover possession of premises located in a multiple dwelling; requires premises to be registered with the local agency responsible for code enforcement; petition shall be stated in plain language and include notice of the rights of the respondent and a statement of any outstanding code violations on the premises and whether rent payments from a public assistance office is being withheld therefor; provides civil penalties for willful misstatements on such petition.

view sponsor memo
BILL NUMBER:S3158A

TITLE OF BILL: An act to amend the real property actions and
proceedings law, in relation to proceedings to recover possession

PURPOSE OR GENERAL IDEA OF BILL:

To provide greater procedural rights and notifications to tenants in
eviction proceedings.

SUMMARY OF SPECIFIC PROVISIONS:

This bill would: 1)Provide that eviction proceedings could not be
instituted unless the multiple dwelling was registered with the
appropriate code enforcement agency;

2) Require the use of a plain language petition, designed by the
Office of Court Administration;

3) Requite that the petition states whether there are any outstanding
code violations on the premises, states whether the petitioner has
been notified by the local department of social services that payment
for rent is being withheld, and states whether the premises is
subsidized under any program which requires that certain conditions be
met in connection with Lease termination or eviction;

4)Impose penalties for any willful material misstatement by the
petitioner in the petition;

5) Require that the three day notice of eviction include a statement
advising the respondent that emergency assistance may be available
from the local department of social services;

6) Provide that upon notification by the local department of social
services that an application for such assistance is pending, the
officer would not execute the warrant until the officer is advised of
the determination of the application; and

7)Allow stays of an eviction warrant upon payment of rent or other
charges owed up until the time that the warrant is actually executed
and one eviction occurs, and would also stay true warrant if the Local
department of social services provides written assurance the overdue
rent would be paid.

JUSTIFICATION:

Despite years of a growing state and local commitment to the homeless
of New York State, costing New York taxpayers hundreds of millions of
dollars in emergency social services assistance, emergency shelter and
related expenditures, the numbers of homeless men, women and children
continue to grow. Most of these expenditures are related to the costs
that are incurred after an individual or a family loses its housing.
While these costs place a great burden on "state and local
governments, few state and local efforts have been directed toward
preventing homelessness before it occurs. The bill would make a series
of procedural enhancements in the context of the eviction proceeding
that would make it possible for tenants in these proceedings to defend


against an eviction more effectively. These provisions would ensure
that the tenant was aware of the rights already granted by law and
would the tenant to exercise these rights more effectively.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:

The first of February next succeeding the date on which it shall
become law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3158--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sens. KRUEGER, HASSELL-THOMPSON, HOYLMAN, SERRANO, STAVI-
  SKY -- read twice and ordered printed, and when printed to be  commit-
  ted  to  the Committee on Housing, Construction and Community Develop-
  ment -- recommitted to the  Committee  on  Housing,  Construction  and
  Community  Development  in  accordance  with  Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to proceedings to recover possession

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The opening paragraph of section 711 of the real property
actions and proceedings law, as amended by chapter 739 of  the  laws  of
1982, is amended to read as follows:
  [A]  NO  TENANT  IN  A  RESIDENTIAL  DWELLING  SHALL  BE  REMOVED FROM
POSSESSION EXCEPT IN A SPECIAL  PROCEEDING  OR  THROUGH  OTHER  JUDICIAL
PROCESS.  FOR  THE  PURPOSES  OF THIS ARTICLE, A tenant shall include an
occupant of one or more rooms in a rooming  house  or  a  resident,  not
including  a transient occupant, of one or more rooms in a hotel who has
been in possession for thirty consecutive days or longer[; he shall  not
be  removed  from possession except in a special proceeding].  A special
proceeding may be maintained  under  this  article  upon  the  following
grounds:
  S  2.  Subdivision  1  of section 721 of the real property actions and
proceedings law, as added by chapter 312 of the laws of 1962, is amended
to read as follows:
  1. The landlord or lessor,  PROVIDED,  HOWEVER,  THAT  NO  PERSON  MAY
INSTITUTE A PROCEEDING PURSUANT TO THIS ARTICLE WITH RESPECT TO PREMISES
LOCATED  IN  A  MULTIPLE  DWELLING  UNTIL  SUCH TIME AS THE OWNER OF THE
MULTIPLE DWELLING HAS REGISTERED PROPERLY WITH  THE  AGENCY  RESPONSIBLE
FOR CODE ENFORCEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01794-03-4

S. 3158--A                          2

HUNDRED  OF  THE  MULTIPLE RESIDENCE LAW OR SECTION THREE HUNDRED OF THE
MULTIPLE DWELLING LAW.
  S  3.  Subdivision  1  of section 731 of the real property actions and
proceedings law, as amended by chapter 563  of  the  laws  of  1994,  is
amended to read as follows:
  1.  The  special  proceeding  prescribed  by  this  article  shall  be
commenced by petition and a notice of petition  PREPARED  IN  ACCORDANCE
WITH RULES APPROVED BY THE APPELLATE DIVISION WITH JURISDICTION OVER THE
PROCEEDINGS.  SUCH  RULES  SHALL PROVIDE FOR THE USE OF LANGUAGE THAT IS
DESIGNED TO BE UNDERSTOOD BY THE RESPONDENT IN THE PROCEEDING. THE PETI-
TION SHALL INCLUDE SUCH OTHER NOTICE OF THE RIGHTS OF THE RESPONDENT  AS
MAY  BE  DEEMED APPROPRIATE, INCLUDING A STATEMENT THAT A FORM ANSWER IS
AVAILABLE FROM THE CLERK OF THE COURT.   A notice  of  petition  may  be
issued  only by an attorney, judge or the clerk of the court; it may not
be issued by a party prosecuting the proceeding in person.
  S 4. Section 741 of the real property actions and proceedings  law, as
added by chapter 312 of the laws  of  1962,  the  opening  paragraph  as
amended  by chapter 583 of the laws of 1979 and subdivision 5 as amended
by chapter 302 of the laws of 1976, is amended to read as follows:
  S 741.  Contents of petition.  The petition shall be verified  by  the
person authorized by section seven hundred twenty-one OF THIS ARTICLE to
maintain the proceeding; or by a legal representative, attorney or agent
of  such  person pursuant to subdivision (d) of section [thirty hundred]
THREE THOUSAND twenty of the civil practice law and rules.  An  attorney
of  such  person  may  verify  the  petition  on  information and belief
notwithstanding the fact that such person is in  the  county  where  the
attorney has his office.  Every petition shall:
  1.    State  the interest of the petitioner in the premises from which
removal is sought.
  2.  State the respondent's interest in the premises and his  relation-
ship to petitioner with regard thereto.
  3.  Describe the premises from which removal is sought.
  4.  STATE WHETHER THERE ARE ANY VIOLATIONS OF ANY STATE OR LOCAL HOUS-
ING CODES WHICH REMAIN OUTSTANDING ON THE PREMISES OR COMMON  AREAS.  IN
CITIES  WITH A POPULATION OF ONE MILLION OR MORE, OR IN ANY MUNICIPALITY
IN WHICH HOUSING CODE VIOLATIONS ARE CLASSIFIED BY DEGREE OF  THREAT  TO
HEALTH  AND SAFETY, THE PETITION SHALL ITEMIZE ANY SUCH VIOLATIONS WHICH
HAVE BEEN IDENTIFIED BY THE APPLICABLE CODE ENFORCEMENT  AGENCY  IN  ITS
NOTICE  OF  VIOLATION  AS  BEING "HAZARDOUS", "IMMEDIATELY HAZARDOUS" OR
WHICH HAVE BEEN OTHERWISE CATEGORIZED  AS  CONSTITUTING  A  SERIOUS,  OR
IMMINENT, THREAT TO HEALTH AND SAFETY OR REQUIRING IMMEDIATE REPAIR.
  5. STATE WHETHER THE PETITIONER HAS BEEN NOTIFIED BY THE LOCAL DEPART-
MENT OF SOCIAL SERVICES THAT PAYMENT FOR RENT IS BEING WITHHELD PURSUANT
TO  SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL SERVICES LAW FOR ANY
PORTION OF THE PREMISES.
  6. WITH RESPECT TO PREMISES SUBSIDIZED DIRECTLY OR INDIRECTLY UNDER  A
STATE  OR  FEDERAL  PROGRAM  WHICH  REQUIRES  THAT  CONDITIONS BE MET IN
CONNECTION WITH LEASE TERMINATION OR EVICTION, STATE  THE  NAME  OF  THE
PROGRAM, THE NAME OF THE AGENCY CHARGED WITH SUPERVISION AND WHETHER THE
PETITIONER  HAS  COMPLIED  WITH  ALL  APPLICABLE  RULES, REGULATIONS AND
ADMINISTRATIVE HEARING REQUIREMENTS AND HAS SERVED ALL NOTICES  REQUIRED
IN  CONNECTION  WITH  LEASE  TERMINATION OR EVICTION FROM THAT PUBLIC OR
SUBSIDIZED HOUSING PROGRAM.
  7.  State the facts upon which the special proceeding is based.
  [5.] 8.  State the relief sought.  The relief may include  a  judgment
for rent due, and for a period of occupancy during which no rent is due,

S. 3158--A                          3

for the fair value of use and occupancy of the premises if the notice of
petition  contains  a  notice that a demand for such a judgment has been
made.
  ANY  WILLFUL  MATERIAL MISSTATEMENT OR OMISSION BY THE PETITIONER WITH
RESPECT TO THE REQUIREMENTS OF THIS SECTION SHALL SUBJECT THE PETITIONER
TO A CIVIL PENALTY, NOT TO EXCEED ONE THOUSAND DOLLARS, TO  BE  ASSESSED
IN  THE EVICTION PROCEEDING OR IN A SUBSEQUENT PLENARY ACTION. THE PETI-
TIONER MAY REQUEST LEAVE OF THE COURT TO  AMEND  THE  PETITION  FOR  THE
PURPOSE OF CORRECTING MATERIAL MISSTATEMENTS OR CURING OMISSIONS. IN THE
EVENT  LEAVE  TO  AMEND  IS GRANTED, THE RESPONDENT SHALL BE PROVIDED AN
ADJOURNMENT TO RESPOND OF NOT LESS  THAN  TEN  DAYS  FROM  THE  DATE  OF
SERVICE  OF  THE  AMENDED PETITION. A PETITIONER SHALL BE DEEMED TO HAVE
MADE A MATERIAL MISSTATEMENT OR OMISSION WITH RESPECT  TO  THE  REQUIRE-
MENTS  OF  SUBDIVISION FOUR OF THIS SECTION UPON SUBMISSION TO THE COURT
OF CERTIFIED RECORDS, OR OTHERWISE PROPERLY  AUTHENTICATED  RECORDS,  OF
THE   LOCAL  AGENCY  OR  AGENCIES  CHARGED  WITH  CODE  COMPLIANCE  THAT
VIOLATIONS OF APPLICABLE CODES, OTHER THAN TENANT CAUSED OR HOUSEKEEPING
AS DETERMINED BY THE COURT, WERE OUTSTANDING AT THE TIME OF THE  VERIFI-
CATION  OF  THE  PETITION  WHICH  WERE NOT DESCRIBED THEREIN. A MATERIAL
MISSTATEMENT SHALL BE DEEMED WILLFUL UNLESS THE PETITIONER CAN ESTABLISH
BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH MISSTATEMENT WAS NOT  WILL-
FUL. IN ADDITION TO THE FOREGOING, IN THE EVENT THAT AN EVICTION WARRANT
IS  EXECUTED IN A PROCEEDING IN WHICH A WILLFUL MATERIAL MISSTATEMENT IS
MADE, THE RESPONDENT SHALL BE ENTITLED TO DAMAGES  NOT  EXCEEDING  THREE
TIMES  THE  COSTS  INCURRED AS A RESULT OF THE EVICTION UNLESS THE PETI-
TIONER CAN ESTABLISH THAT THE EVICTION WOULD HAVE BEEN JUSTIFIED REGARD-
LESS OF THE MISSTATEMENT.
  S 5. Section 743 of the real property actions and proceedings law,  as
amended  by  chapter  644  of  the  laws  of 2003, is amended to read as
follows:
  S 743. Answer. Except as provided in section [732] SEVEN HUNDRED THIR-
TY-TWO OF THIS ARTICLE, relating to  a  proceeding  for  non-payment  of
rent,  at  the  time when the petition is to be heard the respondent, or
any person in possession or claiming possession  of  the  premises,  may
answer, orally or in writing. If the answer is oral the substance there-
of  shall  be  recorded  by  the  clerk or, if a particular court has no
clerk, by the presiding judge or justice of such court,  and  maintained
in  the  case record. A FORM ANSWER, IN A FORM APPROVED BY THE APPELLATE
DIVISION WITH JURISDICTION OVER THE PROCEEDING, SHALL BE MADE  AVAILABLE
TO  THE  RESPONDENT  BY  THE  CLERK  OF THE COURT. THE FORM ANSWER SHALL
INCLUDE POSSIBLE DEFENSES TO THE PROCEEDING, INCLUDING BUT  NOT  LIMITED
TO  DEFENSES  ESTABLISHED  BY  SECTIONS TWO HUNDRED TWENTY-THREE AND TWO
HUNDRED THIRTY-FIVE-B OF THE REAL  PROPERTY  LAW,  SECTION  ONE  HUNDRED
FORTY-THREE-B  OF  THE  SOCIAL  SERVICES  LAW  AND SECTION THREE HUNDRED
FIVE-A OF THE MULTIPLE RESIDENCE LAW. If  the  notice  of  petition  was
served at least eight days before the time at which it was noticed to be
heard  and  it  so demands, the answer shall be made at least three days
before the time the petition is noticed to be heard and, if in  writing,
it shall be served within such time; whereupon any reply shall be served
at  least  one day before such time. The answer may contain any legal or
equitable defense, or counterclaim. The  court  may  render  affirmative
judgment for the amount found due on the counterclaim.
  S  6.  Subdivision  1  of section 745 of the real property actions and
proceedings law, as amended by chapter 403  of  the  laws  of  1983,  is
amended to read as follows:

S. 3158--A                          4

   1.  Where  triable  issues of fact are raised, they shall be tried by
the court unless, at the time the petition is noticed  to  be  heard,  a
party  demands  a  trial  by jury, in which case trial shall be by jury.
WHEN THE PETITION INDICATES PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
SEVEN HUNDRED FORTY-ONE OF THIS ARTICLE, THAT THERE ARE OUTSTANDING CODE
VIOLATIONS,  THE COURT SHALL INQUIRE REGARDING THE DURATION AND SEVERITY
OF THE OUTSTANDING  VIOLATIONS  AND  MAY  STAY  THE  PROCEEDING  PENDING
REMOVAL  OF  THE  VIOLATIONS  IN  ACCORDANCE  WITH SECTION SEVEN HUNDRED
FIFTY-FIVE OF THIS ARTICLE, OR MAKE OTHER DISPOSITION OF THE  PROCEEDING
INCLUDING GRANTING A TOTAL OR PARTIAL ABATEMENT OF RENT, OR DISMISSAL OF
THE  PROCEEDING,  AS  APPROPRIATE.  At the time when issue is joined the
court, in its discretion at the request of either party and  upon  proof
to its satisfaction by affidavit or orally that an adjournment is neces-
sary  to  enable the applicant to procure his necessary witnesses, or by
consent of all the parties who appear, may  adjourn  the  trial  of  the
issue, but not more than ten days, except by consent of all parties.
  S  7. Section 749 of the real property actions and proceedings  law is
amended by adding two new subdivisions 4 and 5 to read as follows:
  4. THE NOTICE DESCRIBED IN  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL
INCLUDE  A  STATEMENT ADVISING THE RESPONDENT THAT ASSISTANCE TO PREVENT
THE EVICTION OR OTHERWISE TO PREVENT THE RESPONDENT FROM BECOMING  HOME-
LESS  MAY  BE AVAILABLE FROM THE LOCAL DEPARTMENT OF SOCIAL SERVICES AND
SHALL INCLUDE THE PHONE NUMBER PROVIDED TO THE  ENFORCEMENT  OFFICER  BY
ANY PRIVATE OR PUBLIC AGENCY PROVIDING SUCH ASSISTANCE AT THE REQUEST OF
SUCH  AGENCY.  REFERRAL  TO  LEGAL  AID,  LEGAL  SERVICES OR OTHER LEGAL
ASSISTANCE OFFICES SHALL ALSO BE INCLUDED ON SUCH NOTICES AT THE REQUEST
OF SUCH OFFICES. IN A PROCEEDING BASED  UPON  NON-PAYMENT,  SUCH  NOTICE
SHALL  ALSO  ADVISE  THE  RESPONDENT OF THE RENT DETERMINED DUE TOGETHER
WITH TAXES, ASSESSMENTS, INTEREST, PENALTIES  AND  COSTS  IN  ACCORDANCE
WITH THE PROVISION OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-ONE
OF  THIS ARTICLE, AND SHALL ADVISE THE RESPONDENT OF THE AMOUNT REQUIRED
AND PROCEDURE FOR PAYMENT.
  5. UPON WRITTEN OR ORAL NOTIFICATION TO THE OFFICER BY  AN  AUTHORIZED
REPRESENTATIVE OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES THAT AN APPLI-
CATION  FOR  ASSISTANCE  TO PREVENT EVICTION IS PENDING ON BEHALF OF THE
RESPONDENT HOUSEHOLD, THE OFFICER SHALL REFRAIN FROM  EXECUTION  OF  THE
WARRANT  UNTIL  SUCH  TIME  AS  THAT  OFFICER  IS  ADVISED BY THE SOCIAL
SERVICES OFFICIAL OF THE DETERMINATION OF  SUCH  APPLICATION,  PROVIDED,
HOWEVER,  THAT  THE  SOCIAL SERVICES DISTRICT SHALL GUARANTEE PAYMENT TO
THE PETITIONER FOR ANY ADDITIONAL RENT ACCRUING DURING THIS PERIOD TO BE
CALCULATED ON A PRO-RATA BASIS FOR THE NUMBER OF DAYS  DELAY  OCCASIONED
BY THE OPERATION OF THIS PROVISION.
  S  8.  The  opening  paragraph and subdivision 1 of section 751 of the
real property actions and proceedings  law, as added by chapter  312  of
the laws of 1962, are amended to read as follows:
   The  respondent  may,  at  any  time  before  a  warrant  is [issued]
EXECUTED,  stay  the  [issuing]  EXECUTION  thereof  and  also  stay  an
execution to collect the costs, as follows:
  1.    Where  the  lessee  or  tenant holds over after a default in the
payment of rent, or of taxes or assessments, he may  effect  a  stay  by
depositing  the  amount of the rent due or of such taxes or assessments,
and interest and penalty, if any thereon  due,  and  the  costs  of  the
special  proceeding, with the clerk of the court, or where the office of
clerk is not provided for, with the court,  who  shall  thereupon,  upon
demand,  pay  the amount deposited to the petitioner or his duly author-
ized agent; or by delivering to the  court  or  clerk  [his]  A  WRITTEN

S. 3158--A                          5

ASSURANCE  BY  AN  AUTHORIZED  REPRESENTATIVE OF THE LOCAL DEPARTMENT OF
SOCIAL SERVICES OR AN undertaking to the petitioner in such sum  as  the
court  approves to the effect that [he will pay] the rent[, or] DUE WILL
BE PAID TOGETHER WITH such taxes or assessments, and interest and penal-
ty  and costs within ten days, at the expiration of which time a warrant
may issue, unless [he] THE RESPONDENT produces to the court satisfactory
evidence of the payment.
  S 9. This act shall take effect on the first of February next succeed-
ing the date on which it shall have become a  law  and  shall  apply  to
actions  and  proceedings  commenced  on  or  after such effective date,
provided, however, that effective immediately, all  actions  and  proce-
dures  with  respect  to the proposed adoption, amendment, suspension or
repeal of any rule or regulation necessary to the timely  implementation
of this act on its effective date are directed and authorized to be made
and completed on or before such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.