assembly Bill A3320A

2021-2022 Legislative Session

Relates to stipulations in summary proceedings to recover possession of real property

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2021 returned to assembly
passed senate
3rd reading cal.1082
substituted for s4455a
May 26, 2021 referred to judiciary
delivered to senate
passed assembly
May 20, 2021 amended on third reading 3320a
May 06, 2021 advanced to third reading cal.302
May 04, 2021 reported
Jan 22, 2021 referred to judiciary

Co-Sponsors

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Multi-Sponsors

A3320 - Details

See Senate Version of this Bill:
S4455
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §110, NYC Civ Ct Act; amd §746, RPAP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11106, S4376
2019-2020: A1511, S5047

A3320 - Summary

Relates to stipulations in summary proceedings to recover possession of real property.

A3320 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3320
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. EPSTEIN, GOTTFRIED, REYES, SIMON, FALL, COOK,
   TAYLOR -- Multi-Sponsored by -- M.  of  A.  NOLAN  --  read  once  and
   referred to the Committee on Judiciary
 
 AN  ACT to amend the New York city civil court act and the real property
   actions and proceedings law, in relation to  stipulations  in  summary
   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. Legislative findings and  intent.  The  legislature  hereby
 finds and declares that litigants in cases in housing court parts, espe-
 cially  in  the  state's major metropolitan areas, are often self-repre-
 sented.  Under these circumstances, and especially  because  the  stakes
 for  the  self-represented  litigant in such cases can be so high, e.g.,
 eviction from one's home, it is vital to the administration  of  justice
 that  the  judges in such parts take all necessary and appropriate steps
 to  assure  that  self-represented  litigants   fully   understand   the
 proceedings  in which they are involved, any claims or defenses they may
 have and the available options in light of those claims or defenses, and
 the potential consequences of any agreements they may be asked  to  make
 in  the  course  of  those proceedings. Accordingly, it is the intent of
 this act that no agreement between the parties  to  a  proceeding  in  a
 housing  court  part wherein one or more of such parties are self-repre-
 sented may be approved by the court unless the judge  presiding  therein
 ascertains  that  the  claims or defenses of each self-represented party
 are adequately addressed in the stipulation and  that  each  self-repre-
 sented  party understands the nature and consequences of such agreement;
 and the judge memorializes such inquiry on the record of the proceeding.
 In declaring this intent, the legislature further reminds  all  authori-
 ties  responsible  for  designating  the  judges  who preside in housing
 courts parts of the importance of selecting or reappointing  judges  who
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01938-01-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A3320A (ACTIVE) - Details

See Senate Version of this Bill:
S4455
Law Section:
New York City Civil Court Act
Laws Affected:
Amd §110, NYC Civ Ct Act; amd §746, RPAP L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11106, S4376
2019-2020: A1511, S5047

A3320A (ACTIVE) - Summary

Relates to stipulations in summary proceedings to recover possession of real property.

A3320A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3320--A
                                                         Cal. No. 302
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. EPSTEIN, GOTTFRIED, REYES, SIMON, FALL, COOK,
   TAYLOR, GALLAGHER, STECK, JACKSON, FERNANDEZ -- Multi-Sponsored by  --
   M.  of A.  NOLAN -- read once and referred to the Committee on Judici-
   ary -- reported from committee, advanced to a third  reading,  amended
   and ordered reprinted, retaining its place on the order of third read-
   ing
 
 AN  ACT to amend the New York city civil court act and the real property
   actions and proceedings law, in relation to  stipulations  in  summary
   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. Legislative findings and  intent.  The  legislature  hereby
 finds and declares that litigants in cases in housing court parts, espe-
 cially  in  the  state's major metropolitan areas, are often self-repre-
 sented.  Under these circumstances, and especially  because  the  stakes
 for  the  self-represented  litigant in such cases can be so high, e.g.,
 eviction from one's home, it is vital to the administration  of  justice
 that  the  judges in such parts take all necessary and appropriate steps
 to  assure  that  self-represented  litigants   fully   understand   the
 proceedings  in which they are involved, any claims or defenses they may
 have and the available options in light of those claims or defenses, and
 the potential consequences of any agreements they may be asked  to  make
 in  the  course  of  those proceedings. Accordingly, it is the intent of
 this act that no agreement between the parties  to  a  proceeding  in  a
 housing  court  part wherein one or more of such parties are self-repre-
 sented may be approved by the court unless the judge  presiding  therein
 ascertains  that  the  claims or defenses of each self-represented party
 are adequately addressed in the stipulation and  that  each  self-repre-
 sented  party understands the nature and consequences of such agreement;
 and the judge memorializes such inquiry on the record of the proceeding.
 In declaring this intent, the legislature further reminds  all  authori-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets