NY State Senate Bill 2019-S4723A

Senate Bill S4723A

2019-2020 Legislative Session

Relates to requiring a certificate of merit in proceedings to recover possession of real property

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jun 10, 2019	print number 4723a
Jun 10, 2019	amend and recommit to judiciary
Mar 22, 2019	referred to judiciary

Bill Amendments

Original

A (Active)

2019-S4723 - Details

See Assembly Version of this Bill:: A6985
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §403-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2021-2022: S923, A3300
2023-2024: S6494, A2883

2019-S4723 - Summary

Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; and provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.

2019-S4723 - Sponsor Memo

                                
 
BILL NUMBER: S4723

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to requiring a certificate of merit in proceedings to recover
possession of real property

 
PURPOSE:

To eliminate frivolous eviction lawsuits that clog up housing courts and
often serve as a method to harass tenants into agreeing to stipulations
they cannot realistically abide by or worse, abandon their housing.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil practice law and rules by adding a new
section 403-a that requires a petition in an eviction proceeding be
accompanied by a certificate signed by the petitioner's attorney certi-
fying that the attorney has reviewed the facts of the case and any
pertinent documents and that the attorney believes there's a reasonable
basis to commence an eviction action.

Willful failure to provide the certificate allows the court to dismiss
the petition.

Section 2 provides the effective date

 
JUSTIFICATION:

FY 2018 saw 223,486 eviction petitions filed in New York City alone.
Thanks to the implementation the City's Universal Access Law, 25,649
households were afforded legal services that amounted to either advice
given by an attorney or full legal representation in court, which helped
21,955 individuals who had been threatened with eviction stay in their
homes.

While innovations like the City's Universal Access Law have greatly
helped keep tenants in their homes and connected to their communities,
for too many New Yorkers, housing court is often the last stop before
becoming homeless. Even in its infancy, the success of the City's
program to provide free legal services to tenants facing eviction
suggests that many eviction cases may not even belong in our courts to
begin with.

Because of the lucrative real estate market in New York, landlords will-
ingly spend thousands to evict tenants-especially those who enjoy some
form of rent regulation-with the promise that they will eventually be
able to net a free market rent.

The conditions that have precipitated our state's current homelessness
and affordable housing crisis are not unlike the ones we witnessed
during the foreclosure crisis a decade ago. Unscrupulous banks brought
foreclosure actions with abandon until a court rule was issued requiring
a certificate of merit be completed by an attorney.  The certificate
requires an attorney for the petitioner to swear on the merits of the
case. The number of foreclosure actions fell precipitously after the
order was issued, and Governor Cuomo later signed a bill codifying the
order into law.

The success of the certificate of merit law had with regard to foreclo-
sure actions can be replicated to drive down frivolous eviction suits.
If this bill were signed into law and had a similar effect, eviction
suits could drop considerably. Tenants should not have to live in fear
and our court system should not be exploited by landlords who are wast-
ing taxpayer dollars to worsen the homelessness crisis in our state.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately after becoming law.

2019-S4723 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4723
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing a certificate of merit in 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. The civil practice law and rules is amended by adding a new
 section 403-a to read as follows:
   § 403-A. CERTIFICATE OF MERIT IN PROCEEDINGS TO RECOVER POSSESSION  OF
 REAL  PROPERTY.  (A)  IN  ANY PROCEEDING UNDER ARTICLE SEVEN OF THE REAL
 PROPERTY ACTIONS AND PROCEEDINGS LAW, THE PETITION SHALL BE  ACCOMPANIED
 BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR PETITIONER, CERTIFYING THAT
 THE  ATTORNEY  HAS  REVIEWED  THE  FACTS  OF THE CASE AND THAT, BASED ON
 CONSULTATION  WITH  REPRESENTATIVES  OF  PETITIONER  IDENTIFIED  IN  THE
 CERTIFICATE  AND THE ATTORNEY'S REVIEW OF PERTINENT DOCUMENTS, INCLUDING
 THE LEASE, RENTAL RECORDS IN AN ACTION BASED ON NON-PAYMENT OF RENT, AND
 ANY DOCUMENTS THAT ESTABLISH ANY GROUNDS FOR EVICTION, TO  THE  BEST  OF
 SUCH  ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A REASONABLE
 BASIS FOR THE COMMENCEMENT OF SUCH ACTION. IF NOT ATTACHED TO THE NOTICE
 OF PETITION AND PETITION, A COPY OF THE LEASE, IF  ANY,  AND  ANY  OTHER
 DOCUMENT  RELEVANT  TO  THE  CLAIMS  OF PETITIONER, AND WHICH PETITIONER
 INTENDS TO USE AS EVIDENCE AT TRIAL, SHALL BE ATTACHED  TO  THE  CERTIF-
 ICATE.
   (B) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
 CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION  EVEN  IF MORE THAN ONE
 RESPONDENT HAS BEEN NAMED IN THE PETITION OR IS SUBSEQUENTLY NAMED.
   (C) WHERE THE DOCUMENTS REQUIRED UNDER SUBDIVISION (A) OF THIS SECTION
 ARE NOT ATTACHED TO THE NOTICE  OF  PETITION  AND  PETITION  OR  TO  THE
 CERTIFICATE, THE ATTORNEY FOR THE PETITIONER SHALL ATTACH TO THE CERTIF-
 ICATE  SUPPLEMENTAL  AFFIDAVITS  BY  SUCH  ATTORNEY OR REPRESENTATIVE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10928-01-9

 S. 4723                             2
 
 PETITIONER  ATTESTING  THAT  SUCH  DOCUMENTS   ARE   LOST   WHETHER   BY
 DESTRUCTION,  THEFT  OR  OTHERWISE.    NOTHING IN THIS SUBDIVISION SHALL
 REPLACE OR ABROGATE PETITIONER'S OBLIGATIONS AS SET  FORTH  IN  THE  NEW
 YORK UNIFORM COMMERCIAL CODE.
   (D)  IF  A  PETITIONER WILLFULLY FAILS TO PROVIDE COPIES OF THE PAPERS
 AND DOCUMENTS REQUIRED BY SUBDIVISION (A) OF THIS SECTION AND THE  COURT
 FINDS,  UPON  THE  MOTION OF ANY PARTY OR ON ITS OWN MOTION ON NOTICE TO
 THE PARTIES, THAT SUCH PAPERS AND DOCUMENTS OUGHT TO HAVE BEEN PROVIDED,
 THE COURT MAY DISMISS THE PETITION OR MAKE  SUCH  FINAL  OR  CONDITIONAL
 ORDER  WITH  REGARD TO SUCH FAILURE AS IS JUST INCLUDING BUT NOT LIMITED
 TO DENIAL OF THE ACCRUAL OF ANY INTEREST,  COSTS,  ATTORNEYS'  FEES  AND
 OTHER  FEES, RELATING TO THE PETITION. ANY SUCH DISMISSAL SHALL BE WITH-
 OUT PREJUDICE AND SHALL NOT BE ON THE MERITS.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 proceedings commenced on or after such date.

2019-S4723A (ACTIVE) - Details

See Assembly Version of this Bill:: A6985
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §403-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2021-2022: S923, A3300
2023-2024: S6494, A2883

2019-S4723A (ACTIVE) - Summary

2019-S4723A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4723A

SPONSOR: RAMOS
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to requiring a certificate of merit in proceedings to recover
possession of real property

 
PURPOSE OR GENERAL IDEA OF BILL:

To eliminate frivolous eviction lawsuits that clog up housing courts and
often serve as a method to harass tenants into agreeing to stipulations
they cannot realistically abide by or worse, abandon their housing.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil practice law and rules by adding a new
section 403-a that requires a petition in an eviction proceeding be
accompanied by a certificate signed by the petitioner's attorney certi-
fying that the attorney has reviewed the facts of the case and any
pertinent documents and that the attorney believes there's a reasonable
basis to commence an eviction action.

Willful failure to provide the certificate allows the court to dismiss
the petition.

Section 2 provides the effective date

 
JUSTIFICATION:

FY 2018 saw 223,486 eviction petitions filed in New York City alone.
Thanks to the implementation the City's Universal Access Law, 25,649
households were afforded legal services that amounted to either advice
given by an attorney or full legal representation in court, which helped
21,955 individuals who had been threatened with eviction stay in their
homes.

While innovations like the City's Universal Access Law have greatly
helped keep tenants in their homes and connected to their communities,
for too many New Yorkers, housing court is often the last stop before
becoming homeless. Even in its infancy, the success of the City's
program to provide free legal services to tenants facing eviction
suggests that many eviction cases may not even belong in our courts to
begin with.

Because of the lucrative real estate market in New York, landlords will-
ingly spend thousands to evict tenants--especially those who enjoy some
form of rent regulation--with the promise that they will eventually be
able to net a free market rent.

The conditions that have precipitated our state's current homelessness
and affordable housing crisis are not unlike the ones we witnessed
during the foreclosure crisis a decade ago. Unscrupulous banks brought
foreclosure actions with abandon until a court rule was issued requiring
a certificate of merit be completed by an attorney. The certificate
requires an attorney for the petitioner to swear on the merits of the
case. The number of foreclosure actions fell precipitously after the
order was issued, and Governor Cuomo later signed a bill codifying the
order into law.

The success of the certificate of merit law had with regard to foreclo-
sure actions can be replicated to drive down frivolous eviction suits.
If this bill were signed into law and had a similar effect, eviction
suits could drop considerably. Tenants should not have to live in fear
and our court system should not be exploited by landlords who are wast-
ing taxpayer dollars to worsen the homelessness crisis in our state.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately after becoming law.

2019-S4723A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4723--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing  a  certificate  of  merit in 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. The civil practice law and rules is amended by adding a new
 section 403-a to read as follows:
   §  403-A. CERTIFICATE OF MERIT IN PROCEEDINGS TO RECOVER POSSESSION OF
 REAL PROPERTY. (A) IN ANY PROCEEDING UNDER ARTICLE  SEVEN  OF  THE  REAL
 PROPERTY  ACTIONS AND PROCEEDINGS LAW, THE PETITION SHALL BE ACCOMPANIED
 BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR PETITIONER, CERTIFYING THAT
 THE ATTORNEY HAS REVIEWED THE FACTS OF  THE  CASE  AND  THAT,  BASED  ON
 CONSULTATION  WITH  REPRESENTATIVES  OF  PETITIONER  IDENTIFIED  IN  THE
 CERTIFICATE AND THE ATTORNEY'S REVIEW OF PERTINENT DOCUMENTS,  INCLUDING
 THE LEASE, RENTAL RECORDS IN AN ACTION BASED ON NON-PAYMENT OF RENT, AND
 ANY  DOCUMENTS  THAT  ESTABLISH ANY GROUNDS FOR EVICTION, TO THE BEST OF
 SUCH ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A  REASONABLE
 BASIS FOR THE COMMENCEMENT OF SUCH ACTION. IF NOT ATTACHED TO THE NOTICE
 OF  PETITION  AND  PETITION,  A COPY OF THE LEASE, IF ANY, AND ANY OTHER
 DOCUMENT RELEVANT TO THE CLAIMS  OF  PETITIONER,  AND  WHICH  PETITIONER
 INTENDS  TO  USE  AS EVIDENCE AT TRIAL, SHALL BE ATTACHED TO THE CERTIF-
 ICATE.
   (B) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
 CERTIFICATE SHALL BE FILED  FOR  EACH  ACTION  EVEN  IF  MORE  THAN  ONE
 RESPONDENT HAS BEEN NAMED IN THE PETITION OR IS SUBSEQUENTLY NAMED.
   (C) WHERE THE DOCUMENTS REQUIRED UNDER SUBDIVISION (A) OF THIS SECTION
 ARE  NOT  ATTACHED  TO  THE  NOTICE  OF  PETITION AND PETITION OR TO THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10928-07-9

 S. 4723--A                          2
 
 CERTIFICATE, THE ATTORNEY FOR THE PETITIONER SHALL ATTACH TO THE CERTIF-
 ICATE SUPPLEMENTAL AFFIDAVITS BY  SUCH  ATTORNEY  OR  REPRESENTATIVE  OF
 PETITIONER   ATTESTING   THAT   SUCH   DOCUMENTS  ARE  LOST  WHETHER  BY
 DESTRUCTION,  THEFT  OR  OTHERWISE.    NOTHING IN THIS SUBDIVISION SHALL
 REPLACE OR ABROGATE PETITIONER'S OBLIGATIONS AS SET  FORTH  IN  THE  NEW
 YORK UNIFORM COMMERCIAL CODE.
   (D)  IF  A  PETITIONER WILLFULLY FAILS TO PROVIDE COPIES OF THE PAPERS
 AND DOCUMENTS REQUIRED BY SUBDIVISION (A) OF THIS SECTION AND THE  COURT
 FINDS,  UPON  THE  MOTION OF ANY PARTY OR ON ITS OWN MOTION ON NOTICE TO
 THE PARTIES, THAT SUCH PAPERS AND DOCUMENTS OUGHT TO HAVE BEEN PROVIDED,
 THE COURT MAY DISMISS THE PETITION OR ISSUE AN ORDER WITH REGARD TO SUCH
 FAILURE AS IS JUST INCLUDING BUT NOT LIMITED TO  ANY  COSTS,  ATTORNEYS'
 FEES  AND OTHER FEES, RELATING TO THE PETITION. ANY SUCH DISMISSAL SHALL
 BE WITHOUT PREJUDICE AND SHALL NOT BE ON THE MERITS.
   § 2. This act  shall  take  effect  immediately  and  shall  apply  to
 proceedings commenced on or after such date.

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