S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7809
 
                             I N  S E N A T E
 
                             February 27, 2018
                                ___________
 
 Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT relating to enacting the Rochester housing court act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "Rochester housing court act".
   § 2. Definitions. As used in this act  unless  the  context  otherwise
 requires,  the following words and terms shall have the meaning ascribed
 to them:
   (a) "Housing codes" means all state and local laws for the  establish-
 ment  and maintenance of housing standards, including but not limited to
 the multiple dwelling law, real property law, real property actions  and
 proceedings  law,  real  property  tax law, and the housing and property
 code, building code, zoning ordinance,  and  fire  prevention  code  and
 related ordinances of the city of Rochester.
   (b) "City" means the city of Rochester.
   §  3.  Actions  and  proceedings  permitted. Notwithstanding any other
 provision of law, a separate part of the city court of  Rochester  shall
 be exclusively devoted to actions and proceedings involving the enforce-
 ment  of  all  housing  codes,  pertaining to all real property situated
 within the city as follows:
   (a) Actions for the imposition and collection of  criminal  penalties,
 and  for  the  imposition  and  collection  of  civil penalties, for the
 violation of any state or local laws  involving  the  establishment  and
 maintenance of housing standards.
   (b)  Actions  for  the collection of costs, expenses and disbursements
 incurred by the city of Rochester in the elimination or correction of  a
 nuisance  or  other  violation  of  any  of the housing codes, or in the
 removal or demolition of any dwelling pursuant to such housing codes.
   (c) Actions and proceedings  for  the  establishment,  enforcement  or
 foreclosure of liens upon real property and upon the rents therefrom for
 civil  penalties,  or  for costs, expenses and disbursements incurred by
 the city in the  elimination  or  correction  of  a  nuisance  or  other
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14314-02-8

 S. 7809                             2
 
 violation of any of the housing codes or in the removal or demolition of
 any building pursuant to such housing codes.
   (d) Proceedings for the issuance of injunctions and restraining orders
 or  other  orders for the enforcements of housing standards under any of
 the housing codes.
   (e) All summary proceedings to recover possession of residential prem-
 ises to remove tenants therefrom, and to render judgment for  rent  due,
 in  which  a tenant alleges a defense under section seven hundred fifty-
 five of the real property actions and proceedings law, relating to  stay
 or  proceedings or action for rent upon failure to make repairs, section
 three hundred two-a of the multiple dwelling law, relating to the abate-
 ment of rent in case of certain violations of  any  housing  codes,  and
 section  two hundred thirty-five-b of the real property law, relating to
 a landlord's duty to maintain  habitable  premises,  or  any  other  law
 involving  housing code enforcement. The administrative judge of Roches-
 ter city court may, in his or her discretion, empower the  housing  part
 to  hear  all  summary  proceedings to recover possession of residential
 premises, regardless of whether a tenant alleges a defense, at any  time
 when  he  or she feels that housing part is capable of handling all such
 summary proceedings.
   (f) Proceedings for the appointment of a receiver of rents, issues and
 profits of buildings in order to remove or remedy a nuisance or to  make
 repairs required to be made under such housing codes.
   (g)  Actions  and  proceedings  for  the removal of housing violations
 recorded pursuant to such housing codes, or for the imposition  of  such
 violation or for the stay of any penalty thereunder.
   (h)  Special proceedings to vest title in the city to abandoned multi-
 ple dwellings and one and two-unit structures.
   § 4. Consolidation. On the application of  any  city  department,  any
 party or on its own motion, the housing part shall, unless good cause is
 shown  to  the contrary, consolidate all actions and proceedings pending
 in such part as to any building.
   § 5. Relief permitted. Regardless of the relief originally sought by a
 party, the court may recommend or employ any remedy, program,  procedure
 or  sanction authorized by law for the enforcement of housing standards,
 if it believes they will be more effective to accomplish  compliance  or
 to  protect  and  promote the public interest; provided in the event any
 such proposed remedy, program or procedure entails  the  expenditure  of
 moneys  appropriated  by  the  city,  other than for the utilization and
 deployment of personnel and services incidental thereto, the court shall
 give notice of such proposed remedy, program or procedure  to  the  city
 department  charged with the enforcement of local laws relating to hous-
 ing maintenance and shall not employ such proposed  remedy,  program  or
 procedure, as the case may be, if such department shall advise the court
 in  writing  within the time fixed by the court, which shall not be less
 than fifteen days after such notice has been given, of the reasons  such
 order  should  not  be  issued,  which  advice  shall become part of the
 record. The court may retain continuing jurisdiction of  any  action  or
 proceeding  relating to a building until all violations of law have been
 removed.
   § 6. Joinder. In any  of  the  actions  or  proceedings  specified  in
 section  three of this act and on the application of any party, any city
 department or the court, on its own motion, may join any other person or
 city department as a party in order to effectuate proper housing mainte-
 nance standards and to promote the public interest.

 S. 7809                             3
 
   § 7. Judge; rules of evidence.  Actions  and  proceedings  before  the
 housing  part shall be tried before the housing part judge, who shall be
 assigned to the housing part by the administrative  judge  of  the  city
 court.  Rules of evidence shall be applicable in actions and proceedings
 before the housing part.
   §  8. Advisory council; appointment. An advisory council for the hous-
 ing part shall be established, and it shall be composed of  two  members
 representative  of  each  of  the following:   the real estate industry,
 tenants' organizations, civic groups, bar  associations,  the  Rochester
 housing  committee  and  four  members  from  the  public at-large. Such
 members shall be appointed by  the  administrative  judge  of  the  city
 court, with the approval of the presiding justices of the fourth depart-
 ment.  The  members  of  the  advisory  council shall be appointed for a
 renewable term of three years provided that one of the  initial  members
 of  each  classification  of  membership shall serve for two years, such
 classes to be determined by the administrative judge. In  addition,  the
 mayor  of  the  city and the city official in charge of housing programs
 shall each appoint one member to serve at their pleasure.
   § 9. Advisory council; reports. The advisory  council  shall  meet  at
 least  four  times  a year, and on such additional occasions as they may
 require or as may be required by the administrative judge. Members shall
 receive no compensation. Members shall visit housing part from  time  to
 time  to  review  the  manner in which the part is functioning, and make
 recommendations to the administrative judge and to the advisory council.
 A report on the work of the court shall be prepared annually and submit-
 ted to the administrative judge, the administrative board of  the  judi-
 cial  conference,  the  majority  and minority leaders of the senate and
 assembly, the governor and the mayor of the  city,  by  January  thirty-
 first of each year.
   § 10. Cross-index. The clerk of the court shall maintain a cross-index
 of  the  names  of all owners against which any action or proceeding has
 been brought under section three of this act. The clerk shall also main-
 tain a cross-index  number  system  indicating  by  street  address  all
 actions and proceedings brought under such section.
   §  11.  Corporation. A corporation which is a party may be represented
 by an officer, director or a principal stockholder.
   § 12. Service of summons. Where the manner of service  prescribed  for
 actions  and  proceedings in this court includes delivery of the summons
 to a person at the actual place of business of the person to be  served,
 such  delivery may be made alternatively to a person of suitable age and
 discretion at the address registered with the  department  charged  with
 the  enforcement  of local laws relating to housing maintenance, herein-
 after referred to as the  "registered  address".  Where  the  manner  of
 service  prescribed  for  actions and proceedings in this court includes
 affixing the summons to the door of the actual place of business of  the
 person  to be served, the summons may, as an alternative, be posted in a
 conspicuous place on the premises specified in the  summons.  Where  the
 manner  of  service  for  actions  or proceedings in this court includes
 mailing the summons to the person to be served at his or her last  known
 residence,  the  summons may, as an alternative, be mailed to the regis-
 tered address.  A copy of the summons with proof  of  service  shall  be
 filed in the manner provided in section four hundred nine of the uniform
 city  court act, except that such filing shall be made with the clerk of
 housing part.

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   § 13. Jury trial. Nothing contained in  this  act  shall  in  any  way
 affect the right of any party to trial by jury as heretofore provided by
 law.
   §  14.  This  act shall take effect on the sixtieth day after it shall
 have become a law.  Effective immediately, the office of court  adminis-
 tration  shall promulgate rules and regulations necessary for the imple-
 mentation of this act on its effective date.