NY State Senate Bill 2017-S2333

Senate Bill S2333

2017-2018 Legislative Session

Requires tenants in housing court to be given certain information in bold print at the end of any petition for eviction

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jan 13, 2017	referred to judiciary

2017-S2333 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: New York City Civil Court Act
Laws Affected:: Amd §110, NYC Civ Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1524
2011-2012: S1291
2013-2014: S27
2015-2016: S3091
2019-2020: S1129

2017-S2333 (ACTIVE) - Summary

Requires tenants in housing court proceedings be given information pertaining to their rights including that only a judge may issue a warrant to evict them; requires that they should assert any defense or counterclaim in their answer and that they have a right to have the premises inspected to confirm any claim of dangerous or unhealthy conditions and that they may have a right to withhold rent for failure to make repairs and that OCA sells information to residential tenant screening companies.

2017-S2333 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2333

 TITLE OF BILL :  An act to amend the New York city civil court act,
in relation to requiring the housing court to provide certain
information to tenants

 PURPOSE OR GENERAL IDEA OF BILL :

This bill requires tenants in housing court to be given certain
information when receiving or submitting certain information to
tenants.

 SUMMARY OF SPECIFIC PROVISIONS :

This bill would amend section 110 of the New York city Civil Court Act
by adding a new subdivision Q.

 EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER :

States that included with any and all documents submitted to a tenant
in non-payment or eviction proceeding that there shall be a statement
informing the tenant of the following:

1) That housing court clerks cannot determine the validity of cases
and that they have a right to a trial;
2) That tenants can offset poor services or lack of repairs against

the rent;
3) That tenants may call for an inspection while filing the proper
paperwork and can wait for the inspection to be ordered by a housing
judge;
4) That tenants may at any time go to a pro se clerk for advice;
5) That only a housing court judge may force or ask a tenant to leave
his or her apartment;
6) The office of court administration sells information to residential
screening companies;
7) Legal fees, late fees and any other fees may only be imposed by a
housing judge and they are not considered part of any rent due.

 JUSTIFICATION :

Currently many tenants who go into housing court are not informed of
their rights. This bill would ensure that tenants involved in
non-payment or eviction proceedings are at least given a list
informing them of their basic rights in the court. Because these
proceedings can be very intimidating, tenants should be well-informed
before they go into court.

 PRIOR LEGISLATIVE HISTORY :

2005-06; S.7067-A Died in Senate Judiciary Committee
2007:S.1806(Duane),Died in Judiciary
2008:S.1806(Duane),Died in Judiciary
2009:S.1524(Duane),Died in Judiciary
2010:S.1524(Duane),Died in Judiciary

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2017-S2333 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2333
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2017
                                ___________
 
 Introduced by Sen. ALCANTARA -- 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
   requiring the housing court to provide certain information to tenants
 
   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) THE PETITIONER SHALL INCLUDE IN BOLD PRINT AT THE END OF THE PETI-
 TION THE FOLLOWING NOTICE OF INFORMATION TO THE RESPONDENT:
   (1)  CLERKS  OF  THE  HOUSING  COURT  CANNOT DETERMINE THE VALIDITY OF
 CASES.
   (2) RESPONDENT HAS A RIGHT TO TRIAL.
   (3) THE TENANT MAY AT ANY TIME GO TO A PRO SE  CLERK  FOR  INFORMATION
 REGARDING HOUSING COURT PROCEDURE AND ASSISTANCE IN FILING COURT PAPERS.
   (4)  THE  TENANT SHOULD ASSERT ANY DEFENSE, INCLUDING, BUT NOT LIMITED
 TO, LACK OF NECESSARY REPAIRS AND MAY ASSERT ANY COUNTERCLAIM  OR  CLAIM
 FOR OFFSET AGAINST RENT IN HIS OR HER ANSWER.
   (5) THE TENANT MAY, BUT DOES NOT HAVE TO, REQUEST THE HOUSING, PRESER-
 VATION  AND  DEVELOPMENT  OFFICE  TO INSPECT THE PREMISES TO CONFIRM ANY
 CLAIM OF DANGEROUS OR UNHEALTHY CONDITIONS WHICH THE TENANT BELIEVES MAY
 AFFECT THE AMOUNT OF RENT DUE.
   (6) THE OFFICE OF COURT ADMINISTRATION SELLS INFORMATION  TO  RESIDEN-
 TIAL  TENANT  SCREENING  COMPANIES,  WHICH  RESULTS IN THE TENANT'S NAME
 APPEARING ON NATIONWIDE REPORTS SOLD BY THESE COMPANIES  TO  PROSPECTIVE
 LANDLORDS.    THIS  MAY  RESULT IN A TENANT BEING BLACKLISTED AND HAVING
 DIFFICULTIES GETTING ANOTHER APARTMENT. INFORMATION FROM  HOUSING  COURT
 CASES MAY ALSO BE OBTAINED BY THE MAJOR CREDIT REPORTING COMPANIES WHICH
 MAY AFFECT A TENANT'S CREDIT SCORE.
   (7) LEGAL FEES, LATE FEES AND ANY OTHER FEES MAY ONLY BE IMPOSED AFTER
 A  TRIAL  BY  A HOUSING JUDGE IF THEY ARE ESTABLISHED IN A WRITTEN LEASE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06975-01-7

 S. 2333                             2
 
 AND THEY ARE NOT CONSIDERED PART  OF  ANY  RENT  DUE  UNLESS  THE  LEASE
 EXPRESSLY ESTABLISHES THEM AS SUCH.
   (8)  ONLY  A  HOUSING  JUDGE MAY ISSUE A WARRANT TO EVICT A TENANT AND
 ONLY A MARSHAL OR SHERIFF IS  AUTHORIZED  TO  USE  FORCE  TO  EXECUTE  A
 WARRANT.  THE  LANDLORD  AND  TENANT  MAY AGREE TO TERMINATE THE TENANCY
 PRIOR TO THE ISSUANCE OR SERVICE OF A WARRANT, BUT NO ONE MAY  COMPEL  A
 TENANT WITHOUT HIS OR HER CONSENT TO ABANDON THE TENANCY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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