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Assembly Bill A8027

2017-2018 Legislative Session

Relates to an expedited non-payment procedure for owner occupied dwellings with 3 or fewer units

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Archive: Last Bill Status - In Assembly Committee

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2017-A8027 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §110, NYC Civ Ct Act
Versions Introduced in 2019-2020 Legislative Session:
A4557

2017-A8027 (ACTIVE) - Summary

Establishes an expedited non-payment procedure for owner occupied dwellings with 3 or fewer units in NYC instructing housing judges to render a decision within 45 days of filing.

2017-A8027 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8027
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 Introduced by M. of A. WRIGHT -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend the New York city civil court act, in relation to the
   establishment of an expedited non-payment procedure for landlords  who
   own and occupy a dwelling of three or fewer units

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (a) of section 110 of the New York  city  civil
 court act is amended by adding a new paragraph 5-a to read as follows:
   (5-A)  EXPEDITED  ACTIONS  FOR  LANDLORDS WHO OWN AND OCCUPY DWELLINGS
 WITH THREE OR FEWER UNITS TO RECOVER POSSESSION OF RESIDENTIAL PREMISES,
 TO REMOVE TENANTS THEREFROM,  AND  TO  RENDER  JUDGMENT  FOR  RENT  DUE,
 INCLUDING  WITHOUT  LIMITATION  THOSE  CASES IN WHICH A TENANT ALLEGES A
 DEFENSE UNDER SECTION SEVEN HUNDRED  FIFTY-FIVE  OF  THE  REAL  PROPERTY
 ACTIONS AND PROCEEDINGS LAW, RELATING TO A STAY OF PROCEEDING ACTION FOR
 RENT  UPON  FAILURE  TO MAKE REPAIRS, SECTION THREE HUNDRED TWO-A OF THE
 MULTIPLE DWELLING LAW, RELATING TO THE ABATEMENT  OF  RENT  IN  CASE  OF
 CERTAIN  VIOLATIONS  OF  SECTION  D26-41.21  OF SUCH HOUSING MAINTENANCE
 CODE.
   § 2. Section 110 of the New York city civil court act  is  amended  by
 adding a new subdivision (q) to read as follows:
   (Q)  NOTWITHSTANDING ANY STATE OR LOCAL STATUTE, REGULATION, OR AGREE-
 MENT TO THE CONTRARY, THE HOUSING PART OF THE CIVIL COURT SHALL  PROVIDE
 AN  EXPEDITED  PROCEDURE FOR A LANDLORD SEEKING RELIEF PURSUANT TO PARA-
 GRAPH FIVE-A OF SUBDIVISION (A) OF THIS SECTION. THE EXPEDITED PROCEDURE
 SHALL ENSURE THAT DECISIONS IN SUCH MATTERS ARE RENDERED  WITHIN  FORTY-
 FIVE  DAYS  FROM THE DATE OF FILING, SO AS TO MINIMIZE ANY LOSS OF RENTS
 PAID TO THE LANDLORD.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11154-03-7

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