Senate Bill S4455A

Signed By Governor
2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A3320 - Signed by Governor


  • 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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Bill Amendments

co-Sponsors

2021-S4455 - Details

See Assembly Version of this Bill:
A3320
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: S4376, A11106
2019-2020: S5047, A1511

2021-S4455 - Summary

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

2021-S4455 - Sponsor Memo

2021-S4455 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4455
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  LIU,  SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 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

2021-S4455A (ACTIVE) - Details

See Assembly Version of this Bill:
A3320
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: S4376, A11106
2019-2020: S5047, A1511

2021-S4455A (ACTIVE) - Summary

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

2021-S4455A (ACTIVE) - Sponsor Memo

2021-S4455A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4455--A
     Cal. No. 1082
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  LIU,  SALAZAR -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  reported  favorably  from  said  committee,  ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered reprinted, retaining its place in the order of second report
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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