Do you support this bill?

Senate Bill S1129

2019-2020 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

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2019-S1129 (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
2017-2018: S2333

2019-S1129 (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.

2019-S1129 (ACTIVE) - Sponsor Memo

2019-S1129 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1129
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.