Assembly Bill A11106

2017-2018 Legislative Session

Relates to stipulations in summary proceedings to recover possession of real property

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A11106 (ACTIVE) - Details

See Senate Version of this Bill:
S4376
Current Committee:
Assembly Judiciary
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §110, NYC Civ Ct Act; amd §746, RPAP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1511, S5047
2021-2022: A3320, S4455

2017-A11106 (ACTIVE) - Summary

Relates to stipulations in summary proceedings to recover possession of real property.

2017-A11106 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11106
 
                           I N  A S S E M B L Y
 
                               June 5, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Epstein) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the New York city civil court act and the real  property
   actions  and  proceedings  law, in relation to stipulations in summary
   proceedings to recover possession of real property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings  and intent. The legislature hereby
 finds and declares that litigants in cases in housing court parts, espe-
 cially in the state's major metropolitan areas,  are  often  self-repre-
 sented.    Under  these circumstances, and especially because the stakes
 for the self-represented litigant in such cases can be  so  high,  e.g.,
 eviction  from  one's home, it is vital to the administration of justice
 that the judges in such parts take all necessary and  appropriate  steps
 to   assure   that   self-represented  litigants  fully  understand  the
 proceedings in which they are involved, any claims or defenses they  may
 have and the available options in light of those claims or defenses, and
 the  potential  consequences of any agreements they may be asked to make
 in the course of those proceedings. Accordingly, it  is  the  intent  of
 this  act  that  no  agreement  between the parties to a proceeding in a
 housing court part wherein one or more of such parties  are  self-repre-
 sented  may  be approved by the court unless the judge presiding therein
 ascertains that the claims or defenses of  each  self-represented  party
 are  adequately  addressed  in the stipulation and that each self-repre-
 sented party understands the nature and consequences of such  agreement;
 and the judge memorializes such inquiry on the record of the proceeding.
 In  declaring  this intent, the legislature further reminds all authori-
 ties responsible for designating  the  judges  who  preside  in  housing
 courts  parts  of the importance of selecting or reappointing judges who
 are best equipped, by training, experience and disposition,  to  preside
 over cases where parties frequently are self-represented.
   §  2.  Subdivisions  (f)  and  (i) of section 110 of the New York city
 civil court act, subdivision (f) as amended by chapter 64 of the laws of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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