NY State Senate Bill 2021-S4594B

Senate Bill S4594B

2021-2022 Legislative Session

Relates to special proceedings by tenants for judgment directing repairs of conditions and other relief in residential real property

download bill text pdf

Archive: Last Bill Status - Passed Senate & Assembly

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	returned to senate passed assembly ordered to third reading cal.25 substituted for a354b
Jun 02, 2022	referred to codes delivered to assembly passed senate ordered to third reading cal.1888 committee discharged and committed to rules
May 26, 2022	print number 4594b
May 26, 2022	amend (t) and recommit to judiciary
Jan 05, 2022	referred to judiciary
Feb 23, 2021	print number 4594a
Feb 23, 2021	amend and recommit to judiciary
Feb 05, 2021	referred to judiciary

Votes

- Jun 2, 2022 - Floor Vote
  S4594B
  
  44
  
  Aye
  
  19
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (44)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      May
      
      Mayer
      
      Myrie
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      nay (19)
      
      Borrello
      
      Boyle
      
      Felder
      
      Gallivan
      
      Griffo
      
      Helming
      
      Jordan
      
      Lanza
      
      Martucci
      
      Mattera
      
      O'Mara
      
      Oberacker
      
      Palumbo
      
      Rath III
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
      
      Weik
  Jun 2, 2022 - Rules Committee Vote
  S4594B
  
  16
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2022
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      Ortt
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (4)
      
      Gallivan
      
      Griffo
      
      Lanza
      
      Ritchie
      
      absent (1)
      
      O'Mara

Bill Amendments

Original

B (Active)

co-Sponsors

2021-S4594 - Details

See Assembly Version of this Bill:: A354
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add Art 7-C §§797 - 797-j, RPAP L; amd §204, UCCA; amd §204, UDCA; amd §204, UJCA; amd §204, NYC Civ Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A11138

2021-S4594 - Summary

Enacts the "tenant dignity and safe housing act"; authorizes special proceedings by tenants for judgment directing repairs of conditions and other relief in residential real property constituting a violation of local or state housing standards and codes; creates a process by which a tenant may start such proceedings in the court clerk's office; grants jurisdiction to city, district, justice, and New York city civil courts

2021-S4594 - Sponsor Memo

                                
 
BILL NUMBER: S4594

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to special proceedings by tenants for judgment directing
repairs of conditions and other relief in residential real property; and
to amend the uniform city court act, the uniform district court act, and
the uniform justice act, in relation to summary proceedings relating
thereto

 
PURPOSE:

To create a simplified summary proceeding for tenants outside of New
York City to bring actions against landlords for habitability and hous-
ing code violations.

 
SUMMARY OF PROVISIONS:

Section 1: Creates new Article 7-C of the Real Property Actions and

Proceedings Law to allow tenants to bring a summary proceeding in a
city, district, and/or justice court. This article lays out the juris-
diction and procedures of the action. It also requires the Office of
Court Administration to create simple forms petitioners may use to
initiate the action. It requires local agencies that enforce housing
standards receive a filed petition from the court.  Additionally, this
section outlines the types of relief the court may issue, including: an
order to make repairs, a monetary judgment, reduction in rent and an any
relief the court deems just.

Section 2: Amends Section 204 of the Uniform City Court Act to give City
Courts jurisdiction in these new summary proceedings.

Section 3: Amends Section 204 of the Uniform District Court Act to give
District Courts jurisdiction in these new summary proceedings.

Section 4: Amends Section 204 of the Uniform Justice Court Act to give
Justice Courts jurisdiction in these new summary proceedings.

 
JUSTIFICATION:

Many tenants in New York continue to suffer at the hands of unscrupulous
landlords. These landlords continue to collect rent from tenants, many
low-income, despite a repeated history of health, safety and code
violations. Often, these tenants face retaliatory eviction when they
contact local authorities or complain about poor conditions.

In New York City, tenants have the ability to bring a simplified summary
proceeding against landlords. However, this is not the case outside of
New York City. Many tenants in other jurisdictions often cannot get in
front of a judge to be heard about unsafe conditions until an eviction
proceeding is brought against them. The bill would change this by creat-
ing a new proceeding under Article 7-C of the Real Property Actions and
Proceedings Law to allow tenants to bring a summary proceeding against a
landlord in a city, district, and/or justice court. The goal would be to
give tenants increased access to the courts to take action against a bad
landlord without fear of retaliatory action.,

A tenant could file this action with a simple form and apply to the
court for relief. The bill features simplified procedures for serving of
process. It would also require the court to notify the appropriate local
agency that enforces housing standards. The purpose is to allow tenants
to bring these actions without the assistance of an attorney, if neces-
sary. The court will also have broad discretion to fashion relief.

Increasing access to the courts for tenants will help them and local
officials enforce claims against bad landlords for code, health and
safety violations. This will help more people to stay in their homes and
improve the rental housing stock across the State.

 
LEGISLATIVE HISTORY:

2021-2022: A354 (Magnarelli) 2020: A11138 (Magnarelli)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after it becomes law.

2021-S4594 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4594
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  special  proceedings  by  tenants for judgment directing
   repairs of conditions and other relief in residential  real  property;
   and  to  amend  the uniform city court act, the uniform district court
   act, and the uniform justice act, in relation to  summary  proceedings
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new article 7-C to read as follows:
                                ARTICLE 7-C
     SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF
   CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING
     VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL
           PROPERTY LAW § 235-B AND ANY OTHER APPROPRIATE RELIEF
 SECTION 797.   JURISDICTION; COURTS; VENUE.
         797-A. PERSON WHO MAY MAINTAIN PROCEEDING.
         797-B. RESPONDENT.
         797-C. COMMENCEMENT; NOTICE OF PETITION; PETITION.
         797-D. TIME OF SERVICE; ORDER TO SHOW CAUSE.
         797-E. MANNER OF SERVICE OF NOTICE  OF  PETITION  AND  PETITION;
                  WHEN SERVICE COMPLETE.
         797-F. CONTENTS OF THE PETITION.
         797-G. NOTICE TO LOCAL HOUSING STANDARD ENFORCEMENT AGENCY.
         797-H. ANSWER.
         797-I. TRIAL.
         797-J. JUDGMENT.
   §  797. JURISDICTION; COURTS; VENUE. 1. A SPECIAL PROCEEDING FOR JUDG-
 MENT DIRECTING REPAIRS OF CONDITIONS AND  OTHER  RELIEF  IN  RESIDENTIAL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05317-01-1

 S. 4594                             2
 
 REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL AND STATE HOUS-
 ING  STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY
 LAW MAY BE MAINTAINED IN A COUNTY COURT, JUSTICE COURT, DISTRICT  COURT,
 OR CITY COURT.
   2.  THE  PLACE  OF TRIAL OF THE SPECIAL PROCEEDING SHALL BE WITHIN THE
 JURISDICTIONAL AREA OF THE COURT IN WHICH THE RESIDENTIAL REAL  PROPERTY
 OR A PORTION THEREOF IS SITUATED.
   §  797-A. PERSON WHO MAY MAINTAIN PROCEEDING. 1. THE PROCEEDING MAY BE
 MAINTAINED BY ANY PARTY, KNOWN HEREIN AS A TENANT, WHO IS AN OCCUPANT OF
 RESIDENTIAL REAL PROPERTY FOR THIRTY CONSECUTIVE DAYS OR LONGER UNDER AN
 AGREEMENT NOT CREATED BY DEED.
   2. THE PROCEEDING MAY BE MAINTAINED BY ONE OR MORE TENANTS OF A  RESI-
 DENTIAL PROPERTY.
   § 797-B. RESPONDENT. THE FOLLOWING MAY BE NAMED AS A RESPONDENT:
   1.  THE  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, GENERAL PART-
 NERSHIP, LIMITED PARTNERSHIP, OR ANY OTHER ENTITY HOLDING TITLE  TO  THE
 REAL PROPERTY.
   2. THE PERSON OR ORGANIZATION LISTED ON ANY STATE OR LOCAL RESIDENTIAL
 REGISTRATION STATEMENT.
   3.  ANYONE  WHO  HOLDS  THEMSELVES  OUT AS LANDLORD BY SUCH ACTIONS AS
 COLLECTING RENT, MAKING REPAIRS, SIGNING LEASES, OR OTHER SUCH CONDUCT.
   4. A PUBLIC HOUSING AUTHORITY OR A  GOVERNMENTAL  BODY  THAT  OWNS  OR
 MANAGES THE PROPERTY.
   § 797-C. COMMENCEMENT; NOTICE OF PETITION; PETITION. 1. THE PROCEEDING
 SHALL  BE  COMMENCED  BY THE FILING OF A NOTICE OF PETITION AND PETITION
 WITH THE CLERK OF THE COURT. A NOTICE OF PETITION MAY BE  ISSUED  BY  AN
 ATTORNEY, JUDGE, OR CLERK OF THE COURT.
   2.  THE  NOTICE  OF  PETITION  SHALL SPECIFY THE TIME AND PLACE OF THE
 HEARING ON THE PETITION AND STATE THAT IF THE RESPONDENT SHALL  FAIL  TO
 APPEAR  AT  SUCH TIME AND PLACE TO INTERPOSE ANY DEFENSE, THE RESPONDENT
 MAY BE PRECLUDED FROM ASSERTING SUCH DEFENSE.
   3. THE OFFICE OF COURT ADMINISTRATION SHALL  PROMULGATE  SIMPLE  FORMS
 THAT TENANT-PETITIONERS MAY USE TO COMMENCE THE SPECIAL PROCEEDINGS.
   4.  COURT  CLERKS  SHALL  BE  CHARGED  WITH  ASSISTING  PETITIONERS TO
 COMPLETE AND SERVE THE NOTICE OF PETITION AND PETITION TO  COMMENCE  THE
 SPECIAL PROCEEDING.
   §  797-D. TIME OF SERVICE; ORDER TO SHOW CAUSE. 1. THE NOTICE OF PETI-
 TION AND PETITION SHALL BE SERVED AT LEAST TEN AND NOT MORE THAN  SEVEN-
 TEEN DAYS BEFORE THE TIME AT WHICH THE PETITION IS TO BE HEARD.
   2.  THE COURT MAY GRANT AN ORDER TO SHOW CAUSE TO BE SERVED IN LIEU OF
 A NOTICE OF PETITION AT A TIME AND IN A MANNER SPECIFIED THEREIN.
   § 797-E. MANNER OF SERVICE OF NOTICE OF PETITION  AND  PETITION;  WHEN
 SERVICE  COMPLETE.  1.  PERSONAL  SERVICE  UPON  A NATURAL PERSON MAY BE
 COMPLETED IN THE MANNER IN WHICH A SUMMONS IS SERVED UNDER SECTION THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   2. PERSONAL SERVICE UPON A PARTNERSHIP MAY BE COMPLETED IN A MANNER IN
 WHICH A SUMMONS IS SERVED UNDER  SECTIONS  THREE  HUNDRED  EIGHT,  THREE
 HUNDRED TEN OR THREE HUNDRED TEN-A OF THE CIVIL PRACTICE LAW AND RULES.
   3.  PERSONAL  SERVICE ON A CORPORATION MAY BE COMPLETED IN A MANNER IN
 WHICH A SUMMONS IS SERVED UNDER SECTION  THREE  HUNDRED  ELEVEN  OF  THE
 CIVIL PRACTICE LAW AND RULES.
   4.  PERSONAL SERVICE UPON A LIMITED LIABILITY COMPANY MAY BE COMPLETED
 IN A MANNER IN WHICH A SUMMONS IS SERVED  UNDER  SECTION  THREE  HUNDRED
 ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES.
   5.  IN THE ALTERNATIVE, PERSONAL SERVICE MAY BE COMPLETED BY THE COURT
 CLERK ON  ANY  NATURAL  PERSON,  PARTNERSHIP,  CORPORATION,  OR  LIMITED

 S. 4594                             3
 
 LIABILITY  COMPANY  BY  MAILING  THE  NOTICE OF PETITION AND PETITION BY
 CERTIFIED AND FIRST-CLASS MAIL TO AN ADDRESS WHERE  LOCAL  PROPERTY  TAX
 BILLS ARE SENT. IF THE JURISDICTION IN WHICH THE COURT SITS HAS A RENTAL
 REGISTRY REQUIREMENT, SERVICE MAY BE COMPLETED BY MAILING TO THE ADDRESS
 FOR THE REAL PROPERTY IN THE REGISTRY.
   6.  PROOF OF SERVICE SHALL BE FILED WITH THE CLERK OF THE COURT WITHIN
 THREE DAYS THEREAFTER. PERSONAL  SERVICE  ON  THE  RESPONDENT  SHALL  BE
 COMPLETE UPON PERSONAL DELIVERY. ANY AUTHORIZED MAIL SERVICE PURSUANT TO
 THIS SUBDIVISION SHALL BE COMPLETE UPON THE FILING OF PROOF OF SERVICE.
   §  797-F.  CONTENTS OF THE PETITION. 1. THE PETITION SHALL BE VERIFIED
 BY THE PERSON AUTHORIZED TO MAINTAIN THE PROCEEDING UNDER SECTION  SEVEN
 HUNDRED  NINETY-SEVEN-A  OF  THIS  ARTICLE OR BY A LEGAL REPRESENTATIVE,
 ATTORNEY, OR AGENT OF SUCH PERSON PURSUANT TO RULE THREE HUNDRED  TWENTY
 OF  THE  CIVIL  PRACTICE  LAW AND RULES. THE ATTORNEY OF SUCH PERSON MAY
 VERIFY UPON INFORMATION AND BELIEF.
   2. EVERY PETITION SHALL:
   A. STATE THE INTEREST OF THE PETITIONER  IN  THE  PREMISES  FOR  WHICH
 RELIEF UNDER THIS ARTICLE IS SOUGHT;
   B. DESCRIBE THE PREMISES THAT IS THE SUBJECT OF THE PETITION;
   C. STATE THE FACTS UPON WHICH THE SPECIAL PROCEEDING IS BASED, INCLUD-
 ING THOSE CONDITIONS CONSTITUTING VIOLATION OF APPLICABLE STATE OR LOCAL
 HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROP-
 ERTY LAW; AND
   D.  STATE  THE  RELIEF  SOUGHT.  SUCH  RELIEF  MAY INCLUDE AN ORDER TO
 REPAIR, A MONETARY JUDGMENT IN FAVOR OF PETITIONER FOR DIMINISHED  VALUE
 OF  REAL  PROPERTY,  AND  AN ORDER REDUCING FUTURE RENT UNTIL VIOLATIONS
 HAVE BEEN CURED.
   § 797-G. NOTICE TO LOCAL  HOUSING  STANDARD  ENFORCEMENT  AGENCY.  THE
 CLERK OF THE COURT SHALL MAIL A COPY OF THE FILED NOTICE OF PETITION AND
 PETITION  TO  THE  APPROPRIATE  GOVERNMENT AGENCY CHARGED WITH ENFORCING
 LOCAL OR STATE HOUSING STANDARDS WITHIN THE COURT'S JURISDICTION.
   § 797-H. ANSWER. AT OR PRIOR TO THE TIME THE PETITION IS TO  BE  HEARD
 THE  RESPONDENT  MAY  ANSWER ORALLY OR IN WRITING. IF THE ANSWER IS ORAL
 THE SUBSTANCE THEREOF SHALL BE RECORDED BY THE CLERK OR, IF A PARTICULAR
 COURT HAS NO CLERK, BY THE PRESIDING JUDGE OR JUSTICE OF SUCH COURT, AND
 MAINTAINED IN THE CASE RECORD. THE ANSWER MAY CONTAIN ANY LEGAL OR EQUI-
 TABLE DEFENSE.
   § 797-I. TRIAL. WHERE TRIABLE ISSUES OF FACT ARE RAISED, THEY SHALL BE
 TRIED BY THE COURT UNLESS, AT THE TIME THE PETITION  IS  NOTICED  TO  BE
 HEARD,  A PARTY DEMANDS A TRIAL BY JURY, IN WHICH CASE TRIAL SHALL BE BY
 JURY. AT THE TIME WHEN ISSUE IS JOINED, THE COURT,  AT  THE  REQUEST  OF
 EITHER  PARTY  SHALL ADJOURN THE TRIAL OF THE ISSUE, NOT LESS THAN FOUR-
 TEEN DAYS, EXCEPT BY CONSENT OF ALL PARTIES. A PARTY'S SECOND OR  SUBSE-
 QUENT  REQUEST  FOR  ADJOURNMENT  SHALL  BE  GRANTED IN THE COURT'S SOLE
 DISCRETION.
   § 797-J. JUDGMENT. 1. THE COURT SHALL DIRECT THAT  FINAL  JUDGMENT  BE
 ENTERED DETERMINING THE RIGHTS OF THE PARTIES.
   2. THE JUDGMENT MAY INCLUDE:
   A.  AN ORDER TO REPAIR CONDITIONS CONSTITUTING VIOLATION OF APPLICABLE
 LOCAL AND STATE HOUSING STANDARDS OR SECTION TWO  HUNDRED  THIRTY-FIVE-B
 OF THE REAL PROPERTY LAW;
   B.  A  MONETARY JUDGMENT IN FAVOR OF THE PETITIONER FOR THE DIMINISHED
 VALUE OF THE REAL PROPERTY RESULTING FROM VIOLATION OF APPLICABLE  LOCAL
 AND  STATE HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE
 REAL PROPERTY LAW;

 S. 4594                             4
 
   C. A REDUCTION IN FUTURE RENT FOR THE DIMINISHED  VALUE  OF  THE  REAL
 PROPERTY  RESULTING FROM VIOLATION OF APPLICABLE LOCAL AND STATE HOUSING
 STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY  LAW
 UNTIL  SUCH  TIME  THAT,  TO THE COURT'S SATISFACTION, THE VIOLATION HAS
 BEEN CURED; AND
   D. ANY OTHER RELIEF THAT THE COURT MAY DEEM JUST.
   §  2.  Section 204 of the uniform city court act is amended to read as
 follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession of real property located in whole or in part within the city,
 to remove tenants therefrom, and to render judgment for rent due without
 regard   to  amount.  THE  COURT  SHALL  HAVE  JURISDICTION  OF  SUMMARY
 PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED  IN  WHOLE  OR  IN
 PART WITHIN THE CITY, AND RENDER RELIEF AUTHORIZED THEREIN.
   §  3. Section 204 of the uniform district court act is amended to read
 as follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession  of  real  property  located  in  whole  or  in part within a
 district of the court in the county, to remove tenants therefrom, and to
 render judgment for rent due without regard to amount. THE  COURT  SHALL
 HAVE JURISDICTION OF SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C
 OF  THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW RELATING TO REAL PROP-
 ERTY LOCATED IN WHOLE OR IN PART WITHIN THE DISTRICT, AND RENDER  RELIEF
 AUTHORIZED THEREIN.
   §  4.  Section 204 of the uniform justice court act is amended to read
 as follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession of real property located in whole or in part within the muni-
 cipality,  to  remove tenants therefrom, and to render judgment for rent
 due without regard to amount.  THE  COURT  SHALL  HAVE  JURISDICTION  OF
 SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY
 ACTIONS  AND  PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED IN WHOLE
 OR IN PART WITHIN THE MUNICIPALITY, AND RENDER RELIEF AUTHORIZED  THERE-
 IN.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

co-Sponsors

View additional co-sponsors

2021-S4594A - Details

See Assembly Version of this Bill:: A354
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add Art 7-C §§797 - 797-j, RPAP L; amd §204, UCCA; amd §204, UDCA; amd §204, UJCA; amd §204, NYC Civ Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A11138

2021-S4594A - Summary

2021-S4594A - Sponsor Memo

                                
 
BILL NUMBER: S4594A

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to special proceedings by tenants for judgment directing
repairs of conditions and other relief in residential real property; and
to amend the uniform city court act, the uniform district court act, and
the uniform justice act, in relation to summary proceedings relating
thereto

 
PURPOSE:

To create a simplified summary proceeding for tenants outside of New
York City to bring actions against landlords for habitability and hous-
ing code violations.

 
SUMMARY OF PROVISIONS:

Section 1: Titles this legislation, the "Tenant Dignity and Safe Housing

Act".

Section 2: Creates new Article 7-C of the Real Property Actions and
Proceedings Law to allow tenants to bring a summary proceeding in a
city, district, and/or justice court. This article lays out the juris-
diction and procedures of the action. It also requires the Office of
Court Administration to create simple forms petitioners may use to
initiate the action. It requires local agencies that enforce housing
standards receive a filed petition from the court.  Additionally, this
section outlines the types of relief the court may issue, including: an
order to make repairs, a monetary judgment, reduction in rent and an any
relief the court deems just.

Section 3: Amends Section 204 of the Uniform City Court Act to give City
Courts jurisdiction in these new summary proceedings.

Section 4: Amends Section 204 of the Uniform District Court Act to give
District Courts jurisdiction in these new summary proceedings.

Section 5: Amends Section 204 of the Uniform Justice Court Act to give
Justice Courts jurisdiction in these new summary proceedings.

Section 6: Establishes the effective date.

 
JUSTIFICATION:

Many tenants in New York continue to suffer at the hands of unscrupulous
landlords. These landlords continue to collect rent from tenants, many
low-income, despite a repeated history of health, safety and code
violations. Often, these tenants face retaliatory eviction when they
contact local authorities or complain about poor conditions.

In New York City, tenants have the ability to bring a simplified summary
proceeding against landlords. However, this is not the case outside of
New York City. Many tenants in other jurisdictions often cannot get in
front of a judge to be heard about unsafe conditions until an eviction
proceeding is brought against them. The bill would change this by creat-
ing a new proceeding under Article 7-C of the Real Property Actions and
Proceedings Law to allow tenants to bring a summary proceeding against a
landlord in a city, district, and/or justice court. The goal would be to
give tenants increased access to the courts to take action against a bad
landlord without fear of retaliatory action.

A tenant could file this action with a simple form and apply to the
court for relief. The bill features simplified procedures for serving of
process. It would also require the court to notify the appropriate local
agency that enforces housing standards. The purpose is to allow tenants
to bring these actions without the assistance of an attorney, if neces-
sary. The court will also have broad discretion to fashion relief.

Increasing access to the courts for tenants will help them and local
officials enforce claims against bad landlords for code, health and
safety violations. This will help more people to stay in their homes and
improve the rental housing stock across the State.

 
LEGISLATIVE HISTORY:

2021-2022: A354 (Magnarelli) 2020: A11138 (Magnarelli)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after it becomes law.

2021-S4594A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4594--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sens.  MAY, MAYER -- read twice and ordered printed, and
   when printed to be committed to the Committee on Judiciary --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  special  proceedings  by  tenants for judgment directing
   repairs of conditions and other relief in residential  real  property;
   and  to  amend  the uniform city court act, the uniform district court
   act, and the uniform justice act, in relation to  summary  proceedings
   relating thereto
 
   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 "tenant dignity and safe housing act".
   §  2.  The  real  property  actions  and proceedings law is amended by
 adding a new article 7-C to read as follows:
                                ARTICLE 7-C
     SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF
   CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING
     VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL
           PROPERTY LAW § 235-B AND ANY OTHER APPROPRIATE RELIEF
 SECTION 797.   JURISDICTION; COURTS; VENUE.
         797-A. PERSON WHO MAY MAINTAIN PROCEEDING.
         797-B. RESPONDENT.
         797-C. COMMENCEMENT; NOTICE OF PETITION; PETITION.
         797-D. TIME OF SERVICE; ORDER TO SHOW CAUSE.
         797-E. MANNER OF SERVICE OF NOTICE  OF  PETITION  AND  PETITION;
                  WHEN SERVICE COMPLETE.
         797-F. CONTENTS OF THE PETITION.
         797-G. NOTICE TO LOCAL HOUSING STANDARD ENFORCEMENT AGENCY.
         797-H. ANSWER.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05317-03-1

 S. 4594--A                          2
 
         797-I. TRIAL.
         797-J. JUDGMENT.
   §  797. JURISDICTION; COURTS; VENUE. 1. A SPECIAL PROCEEDING FOR JUDG-
 MENT DIRECTING REPAIRS OF CONDITIONS AND  OTHER  RELIEF  IN  RESIDENTIAL
 REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL AND STATE HOUS-
 ING  STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY
 LAW MAY BE MAINTAINED IN A COUNTY COURT, JUSTICE COURT, DISTRICT  COURT,
 OR CITY COURT.
   2.  THE  PLACE  OF TRIAL OF THE SPECIAL PROCEEDING SHALL BE WITHIN THE
 JURISDICTIONAL AREA OF THE COURT IN WHICH THE RESIDENTIAL REAL  PROPERTY
 OR A PORTION THEREOF IS SITUATED.
   §  797-A. PERSON WHO MAY MAINTAIN PROCEEDING. 1. THE PROCEEDING MAY BE
 MAINTAINED BY ANY PARTY, KNOWN HEREIN AS A TENANT, WHO IS AN OCCUPANT OF
 RESIDENTIAL REAL PROPERTY FOR THIRTY CONSECUTIVE DAYS OR LONGER UNDER AN
 AGREEMENT NOT CREATED BY DEED.
   2. THE PROCEEDING MAY BE MAINTAINED BY ONE OR MORE TENANTS OF A  RESI-
 DENTIAL PROPERTY.
   § 797-B. RESPONDENT. THE FOLLOWING MAY BE NAMED AS A RESPONDENT:
   1.  THE  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, GENERAL PART-
 NERSHIP, LIMITED PARTNERSHIP, OR ANY OTHER ENTITY HOLDING TITLE  TO  THE
 REAL PROPERTY.
   2. THE PERSON OR ORGANIZATION LISTED ON ANY STATE OR LOCAL RESIDENTIAL
 REGISTRATION STATEMENT.
   3.  ANYONE  WHO  HOLDS  THEMSELVES  OUT AS LANDLORD BY SUCH ACTIONS AS
 COLLECTING RENT, MAKING REPAIRS, SIGNING LEASES, OR OTHER SUCH CONDUCT.
   4. A PUBLIC HOUSING AUTHORITY OR A  GOVERNMENTAL  BODY  THAT  OWNS  OR
 MANAGES THE PROPERTY.
   § 797-C. COMMENCEMENT; NOTICE OF PETITION; PETITION. 1. THE PROCEEDING
 SHALL  BE  COMMENCED  BY THE FILING OF A NOTICE OF PETITION AND PETITION
 WITH THE CLERK OF THE COURT. A NOTICE OF PETITION MAY BE  ISSUED  BY  AN
 ATTORNEY, JUDGE, OR CLERK OF THE COURT.
   2.  THE  NOTICE  OF  PETITION  SHALL SPECIFY THE TIME AND PLACE OF THE
 HEARING ON THE PETITION AND STATE THAT IF THE RESPONDENT SHALL  FAIL  TO
 APPEAR  AT  SUCH TIME AND PLACE TO INTERPOSE ANY DEFENSE, THE RESPONDENT
 MAY BE PRECLUDED FROM ASSERTING SUCH DEFENSE.
   3. THE OFFICE OF COURT ADMINISTRATION SHALL  PROMULGATE  SIMPLE  FORMS
 THAT TENANT-PETITIONERS MAY USE TO COMMENCE THE SPECIAL PROCEEDINGS.
   4.  COURT  CLERKS  SHALL  BE  CHARGED  WITH  ASSISTING  PETITIONERS TO
 COMPLETE AND SERVE THE NOTICE OF PETITION AND PETITION TO  COMMENCE  THE
 SPECIAL PROCEEDING.
   §  797-D. TIME OF SERVICE; ORDER TO SHOW CAUSE. 1. THE NOTICE OF PETI-
 TION AND PETITION SHALL BE SERVED AT LEAST TEN AND NOT MORE THAN  SEVEN-
 TEEN DAYS BEFORE THE TIME AT WHICH THE PETITION IS TO BE HEARD.
   2.  THE COURT MAY GRANT AN ORDER TO SHOW CAUSE TO BE SERVED IN LIEU OF
 A NOTICE OF PETITION AT A TIME AND IN A MANNER SPECIFIED THEREIN.
   § 797-E. MANNER OF SERVICE OF NOTICE OF PETITION  AND  PETITION;  WHEN
 SERVICE  COMPLETE.  1.  PERSONAL  SERVICE  UPON  A NATURAL PERSON MAY BE
 COMPLETED IN THE MANNER IN WHICH A SUMMONS IS SERVED UNDER SECTION THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   2. PERSONAL SERVICE UPON A PARTNERSHIP MAY BE COMPLETED IN A MANNER IN
 WHICH A SUMMONS IS SERVED UNDER  SECTIONS  THREE  HUNDRED  EIGHT,  THREE
 HUNDRED TEN OR THREE HUNDRED TEN-A OF THE CIVIL PRACTICE LAW AND RULES.
   3.  PERSONAL  SERVICE ON A CORPORATION MAY BE COMPLETED IN A MANNER IN
 WHICH A SUMMONS IS SERVED UNDER SECTION  THREE  HUNDRED  ELEVEN  OF  THE
 CIVIL PRACTICE LAW AND RULES.

 S. 4594--A                          3
 
   4.  PERSONAL SERVICE UPON A LIMITED LIABILITY COMPANY MAY BE COMPLETED
 IN A MANNER IN WHICH A SUMMONS IS SERVED  UNDER  SECTION  THREE  HUNDRED
 ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES.
   5.  IN THE ALTERNATIVE, PERSONAL SERVICE MAY BE COMPLETED BY THE COURT
 CLERK ON  ANY  NATURAL  PERSON,  PARTNERSHIP,  CORPORATION,  OR  LIMITED
 LIABILITY  COMPANY  BY  MAILING  THE  NOTICE OF PETITION AND PETITION BY
 CERTIFIED AND FIRST-CLASS MAIL TO AN ADDRESS WHERE  LOCAL  PROPERTY  TAX
 BILLS ARE SENT. IF THE JURISDICTION IN WHICH THE COURT SITS HAS A RENTAL
 REGISTRY REQUIREMENT, SERVICE MAY BE COMPLETED BY MAILING TO THE ADDRESS
 FOR THE REAL PROPERTY IN THE REGISTRY.
   6.  PROOF OF SERVICE SHALL BE FILED WITH THE CLERK OF THE COURT WITHIN
 THREE DAYS THEREAFTER. PERSONAL  SERVICE  ON  THE  RESPONDENT  SHALL  BE
 COMPLETE UPON PERSONAL DELIVERY. ANY AUTHORIZED MAIL SERVICE PURSUANT TO
 THIS SUBDIVISION SHALL BE COMPLETE UPON THE FILING OF PROOF OF SERVICE.
   §  797-F.  CONTENTS OF THE PETITION. 1. THE PETITION SHALL BE VERIFIED
 BY THE PERSON AUTHORIZED TO MAINTAIN THE PROCEEDING UNDER SECTION  SEVEN
 HUNDRED  NINETY-SEVEN-A  OF  THIS  ARTICLE OR BY A LEGAL REPRESENTATIVE,
 ATTORNEY, OR AGENT OF SUCH PERSON PURSUANT TO RULE THREE HUNDRED  TWENTY
 OF  THE  CIVIL  PRACTICE  LAW AND RULES. THE ATTORNEY OF SUCH PERSON MAY
 VERIFY UPON INFORMATION AND BELIEF.
   2. EVERY PETITION SHALL:
   A. STATE THE INTEREST OF THE PETITIONER  IN  THE  PREMISES  FOR  WHICH
 RELIEF UNDER THIS ARTICLE IS SOUGHT;
   B. DESCRIBE THE PREMISES THAT IS THE SUBJECT OF THE PETITION;
   C. STATE THE FACTS UPON WHICH THE SPECIAL PROCEEDING IS BASED, INCLUD-
 ING THOSE CONDITIONS CONSTITUTING VIOLATION OF APPLICABLE STATE OR LOCAL
 HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROP-
 ERTY LAW; AND
   D.  STATE  THE  RELIEF  SOUGHT.  SUCH  RELIEF  MAY INCLUDE AN ORDER TO
 REPAIR, A MONETARY JUDGMENT IN FAVOR OF PETITIONER FOR DIMINISHED  VALUE
 OF  REAL  PROPERTY,  AND  AN ORDER REDUCING FUTURE RENT UNTIL VIOLATIONS
 HAVE BEEN CURED.
   § 797-G. NOTICE TO LOCAL  HOUSING  STANDARD  ENFORCEMENT  AGENCY.  THE
 CLERK OF THE COURT SHALL MAIL A COPY OF THE FILED NOTICE OF PETITION AND
 PETITION  TO  THE  APPROPRIATE  GOVERNMENT AGENCY CHARGED WITH ENFORCING
 LOCAL OR STATE HOUSING STANDARDS WITHIN THE COURT'S JURISDICTION.
   § 797-H. ANSWER. AT OR PRIOR TO THE TIME THE PETITION IS TO  BE  HEARD
 THE  RESPONDENT  MAY  ANSWER ORALLY OR IN WRITING. IF THE ANSWER IS ORAL
 THE SUBSTANCE THEREOF SHALL BE RECORDED BY THE CLERK OR, IF A PARTICULAR
 COURT HAS NO CLERK, BY THE PRESIDING JUDGE OR JUSTICE OF SUCH COURT, AND
 MAINTAINED IN THE CASE RECORD. THE ANSWER MAY CONTAIN ANY LEGAL OR EQUI-
 TABLE DEFENSE.
   § 797-I. TRIAL. WHERE TRIABLE ISSUES OF FACT ARE RAISED, THEY SHALL BE
 TRIED BY THE COURT UNLESS, AT THE TIME THE PETITION  IS  NOTICED  TO  BE
 HEARD,  A PARTY DEMANDS A TRIAL BY JURY, IN WHICH CASE TRIAL SHALL BE BY
 JURY. AT THE TIME WHEN ISSUE IS JOINED, THE COURT,  AT  THE  REQUEST  OF
 EITHER  PARTY  SHALL ADJOURN THE TRIAL OF THE ISSUE, NOT LESS THAN FOUR-
 TEEN DAYS, EXCEPT BY CONSENT OF ALL PARTIES. A PARTY'S SECOND OR  SUBSE-
 QUENT  REQUEST  FOR  ADJOURNMENT  SHALL  BE  GRANTED IN THE COURT'S SOLE
 DISCRETION.
   § 797-J. JUDGMENT. 1. THE COURT SHALL DIRECT THAT  FINAL  JUDGMENT  BE
 ENTERED DETERMINING THE RIGHTS OF THE PARTIES.
   2. THE JUDGMENT MAY INCLUDE:
   A.  AN ORDER TO REPAIR CONDITIONS CONSTITUTING VIOLATION OF APPLICABLE
 LOCAL AND STATE HOUSING STANDARDS OR SECTION TWO  HUNDRED  THIRTY-FIVE-B
 OF THE REAL PROPERTY LAW;

 S. 4594--A                          4
 
   B.  A  MONETARY JUDGMENT IN FAVOR OF THE PETITIONER FOR THE DIMINISHED
 VALUE OF THE REAL PROPERTY RESULTING FROM VIOLATION OF APPLICABLE  LOCAL
 AND  STATE HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE
 REAL PROPERTY LAW;
   C.  A  REDUCTION  IN  FUTURE RENT FOR THE DIMINISHED VALUE OF THE REAL
 PROPERTY RESULTING FROM VIOLATION OF APPLICABLE LOCAL AND STATE  HOUSING
 STANDARDS  OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW
 UNTIL SUCH TIME THAT, TO THE COURT'S  SATISFACTION,  THE  VIOLATION  HAS
 BEEN CURED; AND
   D. ANY OTHER RELIEF THAT THE COURT MAY DEEM JUST.
   §  3.  Section 204 of the uniform city court act is amended to read as
 follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession of real property located in whole or in part within the city,
 to remove tenants therefrom, and to render judgment for rent due without
 regard   to  amount.  THE  COURT  SHALL  HAVE  JURISDICTION  OF  SUMMARY
 PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED  IN  WHOLE  OR  IN
 PART WITHIN THE CITY, AND RENDER RELIEF AUTHORIZED THEREIN.
   §  4. Section 204 of the uniform district court act is amended to read
 as follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession  of  real  property  located  in  whole  or  in part within a
 district of the court in the county, to remove tenants therefrom, and to
 render judgment for rent due without regard to amount. THE  COURT  SHALL
 HAVE JURISDICTION OF SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C
 OF  THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW RELATING TO REAL PROP-
 ERTY LOCATED IN WHOLE OR IN PART WITHIN THE DISTRICT, AND RENDER  RELIEF
 AUTHORIZED THEREIN.
   §  5.  Section 204 of the uniform justice court act is amended to read
 as follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession of real property located in whole or in part within the muni-
 cipality,  to  remove tenants therefrom, and to render judgment for rent
 due without regard to amount.  THE  COURT  SHALL  HAVE  JURISDICTION  OF
 SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY
 ACTIONS  AND  PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED IN WHOLE
 OR IN PART WITHIN THE MUNICIPALITY, AND RENDER RELIEF AUTHORIZED  THERE-
 IN.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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2021-S4594B (ACTIVE) - Details

See Assembly Version of this Bill:: A354
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Add Art 7-C §§797 - 797-j, RPAP L; amd §204, UCCA; amd §204, UDCA; amd §204, UJCA; amd §204, NYC Civ Ct Act
Versions Introduced in 2019-2020 Legislative Session:: A11138

2021-S4594B (ACTIVE) - Summary

2021-S4594B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4594B

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to special proceedings by tenants for judgment directing
repairs of conditions and other relief in residential real property; and
to amend the uniform city court act, the uniform district court act, the
uniform justice court act, and the New York city civil court act in
relation to summary proceedings relating thereto

 
PURPOSE:

To create a simplified summary proceeding for tenants outside of New
York City to bring actions against landlords for habitability and hous-
ing code violations.

 
SUMMARY OF PROVISIONS:

Section 1: Titles this legislation, the "Tenant Dignity and Safe Housing
Act".

Section 2: Creates new Article 7-C of the Real Property Actions and
Proceedings Law to allow tenants to bring a summary proceeding in a
city, district, and/or justice court. This article lays out the juris-
diction and procedures of the action. It also requires the Office of
Court Administration to create simple forms petitioners may use to
initiate the action. It requires local agencies that enforce housing
standards receive a filed petition from the court.  Additionally, this
section outlines the types of relief the court may issue, including: an
order to make repairs, a monetary judgment, reduction in rent and an any
relief the court deems just.

Section 3: Amends Section 204 of the Uniform City Court Act to give City
Courts jurisdiction in these new summary proceedings.

Section 4: Amends Section 204 of the Uniform District Court Act to give
District Courts jurisdiction in these new summary proceedings.

Section 5: Amends Section 204 of the Uniform Justice Court Act to give
Justice Courts jurisdiction in these new summary proceedings.

Section 6: Establishes the effective date.

 
JUSTIFICATION:

Many tenants in New York continue to suffer at the hands of unscrupulous
landlords. These landlords continue to collect rent from tenants, many
low-income, despite a repeated history of health, safety and code
violations. Often, these tenants face retaliatory eviction when they
contact local authorities or complain about poor conditions.

In New York City, tenants have the ability to bring a simplified summary
proceeding against landlords. However, this is not the case outside of
New York City. Many tenants in other jurisdictions often cannot get in
front of a judge to be heard about unsafe conditions until an eviction
proceeding is brought against them. The bill would change this by creat-
ing a new proceeding under Article 7-C of the Real Property Actions and
Proceedings Law to allow tenants to bring a summary proceeding against a
landlord in a city, district, and/or justice court. The goal would be to
give tenants increased access to the courts to take action against a bad
landlord without fear of retaliatory action.

A tenant could file this action with a simple form and apply to the
court for relief: The bill features simplified procedures for serving of
process. It would also require the court to notify the appropriate local
agency that enforces housing standards. The purpose is to allow tenants
to bring these actions without the assistance of an attorney, if neces-
sary. The court will also have broad discretion to fashion relief.

Increasing access to the courts for tenants will help them and local
officials enforce claims against bad landlords for code, health and
safety violations. This will help more people to stay in their homes and
improve the rental housing stock across the State.

 
LEGISLATIVE HISTORY:

2021-2022: S.4594 (MAY)/A.354 (Magnarelli)

2020: A.11138 (Magnarelli)

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
180 days after enactment.

2021-S4594B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4594--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BROUK,  COONEY,  HINCHEY, HOYLMAN, JACKSON,
   KRUEGER, MANNION, MAYER, MYRIE, RAMOS, RIVERA, SALAZAR,  SEPULVEDA  --
   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 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  real  property  actions and proceedings law, in
   relation to special proceedings  by  tenants  for  judgment  directing
   repairs  of  conditions and other relief in residential real property;
   and to amend the uniform city court act, the  uniform  district  court
   act,  the uniform justice court act, and the New York city civil court
   act in relation to summary proceedings relating thereto
 
   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 "tenant dignity and safe housing act".
   § 2. The real property actions  and  proceedings  law  is  amended  by
 adding a new article 7-C to read as follows:
                                ARTICLE 7-C
     SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF
   CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING
     VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL
           PROPERTY LAW § 235-B AND ANY OTHER APPROPRIATE RELIEF
 SECTION 797.   JURISDICTION; COURTS; VENUE.
         797-A. PERSON WHO MAY MAINTAIN PROCEEDING.
         797-B. RESPONDENT.
         797-C. COMMENCEMENT; NOTICE OF PETITION; PETITION.
         797-D. TIME OF SERVICE; ORDER TO SHOW CAUSE.
         797-E. MANNER  OF  SERVICE  OF  NOTICE OF PETITION AND PETITION;
                  WHEN SERVICE COMPLETE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05317-06-2

 S. 4594--B                          2
 
         797-F. CONTENTS OF THE PETITION.
         797-G. NOTICE TO LOCAL HOUSING STANDARD ENFORCEMENT AGENCY.
         797-H. ANSWER.
         797-I. TRIAL.
         797-J. JUDGMENT.
   §  797.  JURISDICTION;  COURTS;  VENUE.  1. EXCEPT AS PROHIBITED UNDER
 SUBDIVISION THREE OF THIS SECTION, A  SPECIAL  PROCEEDING  FOR  JUDGMENT
 DIRECTING  REPAIRS  OF  CONDITIONS  AND OTHER RELIEF IN RESIDENTIAL REAL
 PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL  AND  STATE  HOUSING
 STANDARDS  OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW
 MAY BE MAINTAINED IN A COUNTY COURT, JUSTICE COURT, DISTRICT COURT, CITY
 COURT, OR CIVIL COURT OF THE CITY OF NEW YORK.
   2. THE PLACE OF TRIAL OF THE SPECIAL PROCEEDING SHALL  BE  WITHIN  THE
 JURISDICTIONAL  AREA OF THE COURT IN WHICH THE RESIDENTIAL REAL PROPERTY
 OR A PORTION THEREOF IS SITUATED.
   3. A SPECIAL PROCEEDING FOR JUDGMENT DIRECTING REPAIRS  OF  CONDITIONS
 AND/OR  OTHER  RELIEF  IN  RESIDENTIAL  REAL PROPERTY UNDER THIS ARTICLE
 SHALL NOT BE MAINTAINED WHERE SUCH RESIDENTIAL REAL PROPERTY LOCATED  IN
 THE  COUNTY  OF  NASSAU OR THE COUNTY OF SUFFOLK, AND SHALL NOT BE MAIN-
 TAINED IN ANY COURT IN SUCH COUNTIES.
   § 797-A. PERSON WHO MAY MAINTAIN PROCEEDING. 1. THE PROCEEDING MAY  BE
 MAINTAINED BY ANY PARTY, KNOWN HEREIN AS A TENANT, WHO IS AN OCCUPANT OF
 RESIDENTIAL REAL PROPERTY FOR THIRTY CONSECUTIVE DAYS OR LONGER UNDER AN
 AGREEMENT NOT CREATED BY DEED.
   2.  THE PROCEEDING MAY BE MAINTAINED BY ONE OR MORE TENANTS OF A RESI-
 DENTIAL PROPERTY.
   § 797-B. RESPONDENT. THE FOLLOWING MAY BE NAMED AS A RESPONDENT:
   1. THE PERSON, CORPORATION, LIMITED LIABILITY COMPANY,  GENERAL  PART-
 NERSHIP,  LIMITED  PARTNERSHIP, OR ANY OTHER ENTITY HOLDING TITLE TO THE
 REAL PROPERTY.
   2. THE PERSON OR ORGANIZATION LISTED ON ANY STATE OR LOCAL RESIDENTIAL
 REGISTRATION STATEMENT.
   3. ANYONE WHO HOLDS THEMSELVES OUT AS  LANDLORD  BY  SUCH  ACTIONS  AS
 COLLECTING RENT, MAKING REPAIRS, SIGNING LEASES, OR OTHER SUCH CONDUCT.
   4.  A  PUBLIC  HOUSING  AUTHORITY  OR A GOVERNMENTAL BODY THAT OWNS OR
 MANAGES THE PROPERTY.
   § 797-C. COMMENCEMENT; NOTICE OF PETITION; PETITION. 1. THE PROCEEDING
 SHALL BE COMMENCED BY THE FILING OF A NOTICE OF  PETITION  AND  PETITION
 WITH  THE  CLERK  OF THE COURT. A NOTICE OF PETITION MAY BE ISSUED BY AN
 ATTORNEY, JUDGE, OR CLERK OF THE COURT.
   2. THE NOTICE OF PETITION SHALL SPECIFY THE  TIME  AND  PLACE  OF  THE
 HEARING  ON  THE PETITION AND STATE THAT IF THE RESPONDENT SHALL FAIL TO
 APPEAR AT SUCH TIME AND PLACE TO INTERPOSE ANY DEFENSE,  THE  RESPONDENT
 MAY BE PRECLUDED FROM ASSERTING SUCH DEFENSE.
   3.  THE  OFFICE  OF COURT ADMINISTRATION SHALL PROMULGATE SIMPLE FORMS
 THAT TENANT-PETITIONERS MAY USE TO COMMENCE THE SPECIAL PROCEEDINGS.
   4. COURT  CLERKS  SHALL  BE  CHARGED  WITH  ASSISTING  PETITIONERS  TO
 COMPLETE  AND  SERVE THE NOTICE OF PETITION AND PETITION TO COMMENCE THE
 SPECIAL PROCEEDING.
   § 797-D. TIME OF SERVICE; ORDER TO SHOW CAUSE. 1. THE NOTICE OF  PETI-
 TION  AND PETITION SHALL BE SERVED AT LEAST TEN AND NOT MORE THAN SEVEN-
 TEEN DAYS BEFORE THE TIME AT WHICH THE PETITION IS TO BE HEARD.
   2. THE COURT MAY GRANT AN ORDER TO SHOW CAUSE TO BE SERVED IN LIEU  OF
 A NOTICE OF PETITION AT A TIME AND IN A MANNER SPECIFIED THEREIN.
   §  797-E.  MANNER  OF SERVICE OF NOTICE OF PETITION AND PETITION; WHEN
 SERVICE COMPLETE. 1. PERSONAL SERVICE  UPON  A  NATURAL  PERSON  MAY  BE
 S. 4594--B                          3
 
 COMPLETED IN THE MANNER IN WHICH A SUMMONS IS SERVED UNDER SECTION THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   2. PERSONAL SERVICE UPON A PARTNERSHIP MAY BE COMPLETED IN A MANNER IN
 WHICH  A  SUMMONS  IS  SERVED  UNDER SECTIONS THREE HUNDRED EIGHT, THREE
 HUNDRED TEN OR THREE HUNDRED TEN-A OF THE CIVIL PRACTICE LAW AND RULES.
   3. PERSONAL SERVICE ON A CORPORATION MAY BE COMPLETED IN A  MANNER  IN
 WHICH  A  SUMMONS  IS  SERVED  UNDER SECTION THREE HUNDRED ELEVEN OF THE
 CIVIL PRACTICE LAW AND RULES.
   4. PERSONAL SERVICE UPON A LIMITED LIABILITY COMPANY MAY BE  COMPLETED
 IN  A  MANNER  IN  WHICH A SUMMONS IS SERVED UNDER SECTION THREE HUNDRED
 ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES.
   5. IN THE ALTERNATIVE, PERSONAL SERVICE MAY BE COMPLETED BY THE  COURT
 CLERK  ON  ANY  NATURAL  PERSON,  PARTNERSHIP,  CORPORATION,  OR LIMITED
 LIABILITY COMPANY BY MAILING THE NOTICE  OF  PETITION  AND  PETITION  BY
 CERTIFIED  AND  FIRST-CLASS  MAIL TO AN ADDRESS WHERE LOCAL PROPERTY TAX
 BILLS ARE SENT. IF THE JURISDICTION IN WHICH THE COURT SITS HAS A RENTAL
 REGISTRY REQUIREMENT, SERVICE MAY BE COMPLETED BY MAILING TO THE ADDRESS
 FOR THE REAL PROPERTY IN THE REGISTRY.
   6. PROOF OF SERVICE SHALL BE FILED WITH THE CLERK OF THE COURT  WITHIN
 THREE  DAYS  THEREAFTER.  PERSONAL  SERVICE  ON  THE RESPONDENT SHALL BE
 COMPLETE UPON PERSONAL DELIVERY. ANY AUTHORIZED MAIL SERVICE PURSUANT TO
 THIS SUBDIVISION SHALL BE COMPLETE UPON THE FILING OF PROOF OF SERVICE.
   § 797-F. CONTENTS OF THE PETITION. 1. THE PETITION SHALL  BE  VERIFIED
 BY  THE PERSON AUTHORIZED TO MAINTAIN THE PROCEEDING UNDER SECTION SEVEN
 HUNDRED NINETY-SEVEN-A OF THIS ARTICLE OR  BY  A  LEGAL  REPRESENTATIVE,
 ATTORNEY,  OR AGENT OF SUCH PERSON PURSUANT TO RULE THREE HUNDRED TWENTY
 OF THE CIVIL PRACTICE LAW AND RULES. THE ATTORNEY  OF  SUCH  PERSON  MAY
 VERIFY UPON INFORMATION AND BELIEF.
   2. EVERY PETITION SHALL:
   A.  STATE  THE  INTEREST  OF  THE PETITIONER IN THE PREMISES FOR WHICH
 RELIEF UNDER THIS ARTICLE IS SOUGHT;
   B. DESCRIBE THE PREMISES THAT IS THE SUBJECT OF THE PETITION;
   C. STATE THE FACTS UPON WHICH THE SPECIAL PROCEEDING IS BASED, INCLUD-
 ING THOSE CONDITIONS CONSTITUTING VIOLATION OF APPLICABLE STATE OR LOCAL
 HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROP-
 ERTY LAW; AND
   D. STATE THE RELIEF SOUGHT.  SUCH  RELIEF  MAY  INCLUDE  AN  ORDER  TO
 REPAIR,  A MONETARY JUDGMENT IN FAVOR OF PETITIONER FOR DIMINISHED VALUE
 OF REAL PROPERTY, AND AN ORDER REDUCING  FUTURE  RENT  UNTIL  VIOLATIONS
 HAVE BEEN CURED.
   §  797-G.  NOTICE  TO  LOCAL  HOUSING STANDARD ENFORCEMENT AGENCY. THE
 CLERK OF THE COURT SHALL MAIL A COPY OF THE FILED NOTICE OF PETITION AND
 PETITION TO THE APPROPRIATE GOVERNMENT  AGENCY  CHARGED  WITH  ENFORCING
 LOCAL OR STATE HOUSING STANDARDS WITHIN THE COURT'S JURISDICTION.
   §  797-H.  ANSWER. AT OR PRIOR TO THE TIME THE PETITION IS TO BE HEARD
 THE RESPONDENT MAY ANSWER ORALLY OR IN WRITING. IF THE  ANSWER  IS  ORAL
 THE SUBSTANCE THEREOF SHALL BE RECORDED BY THE CLERK OR, IF A PARTICULAR
 COURT HAS NO CLERK, BY THE PRESIDING JUDGE OR JUSTICE OF SUCH COURT, AND
 MAINTAINED IN THE CASE RECORD. THE ANSWER MAY CONTAIN ANY LEGAL OR EQUI-
 TABLE DEFENSE.
   § 797-I. TRIAL. WHERE TRIABLE ISSUES OF FACT ARE RAISED, THEY SHALL BE
 TRIED  BY  THE  COURT  UNLESS, AT THE TIME THE PETITION IS NOTICED TO BE
 HEARD, A PARTY DEMANDS A TRIAL BY JURY, IN WHICH CASE TRIAL SHALL BE  BY
 JURY.  AT  THE  TIME  WHEN ISSUE IS JOINED, THE COURT, AT THE REQUEST OF
 EITHER PARTY SHALL ADJOURN THE TRIAL OF THE ISSUE, NOT LESS  THAN  FOUR-
 TEEN  DAYS, EXCEPT BY CONSENT OF ALL PARTIES. A PARTY'S SECOND OR SUBSE-
 S. 4594--B                          4
 
 QUENT REQUEST FOR ADJOURNMENT SHALL  BE  GRANTED  IN  THE  COURT'S  SOLE
 DISCRETION.
   §  797-J.  JUDGMENT.  1. THE COURT SHALL DIRECT THAT FINAL JUDGMENT BE
 ENTERED DETERMINING THE RIGHTS OF THE PARTIES.
   2. THE JUDGMENT MAY INCLUDE:
   A. AN ORDER TO REPAIR CONDITIONS CONSTITUTING VIOLATION OF  APPLICABLE
 LOCAL  AND  STATE HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B
 OF THE REAL PROPERTY LAW;
   B. A MONETARY JUDGMENT IN FAVOR OF THE PETITIONER FOR  THE  DIMINISHED
 VALUE  OF THE REAL PROPERTY RESULTING FROM VIOLATION OF APPLICABLE LOCAL
 AND STATE HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF  THE
 REAL PROPERTY LAW;
   C.  A  REDUCTION  IN  FUTURE RENT FOR THE DIMINISHED VALUE OF THE REAL
 PROPERTY RESULTING FROM VIOLATION OF APPLICABLE LOCAL AND STATE  HOUSING
 STANDARDS  OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW
 UNTIL SUCH TIME THAT, TO THE COURT'S  SATISFACTION,  THE  VIOLATION  HAS
 BEEN CURED; AND
   D. ANY OTHER RELIEF THAT THE COURT MAY DEEM JUST.
   §  3.  Section 204 of the uniform city court act is amended to read as
 follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession of real property located in whole or in part within the city,
 to remove tenants therefrom, and to render judgment for rent due without
 regard to amount. EXCEPT AS OTHERWISE PROHIBITED PURSUANT TO SUBDIVISION
 THREE OF SECTION SEVEN HUNDRED NINETY-SEVEN OF THE REAL PROPERTY ACTIONS
 AND  PROCEEDINGS  LAW,  THE  COURT  SHALL  HAVE  JURISDICTION OF SUMMARY
 PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED  IN  WHOLE  OR  IN
 PART WITHIN THE CITY, AND RENDER RELIEF AUTHORIZED THEREIN.
   §  4. Section 204 of the uniform district court act is amended to read
 as follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession  of  real  property  located  in  whole  or  in part within a
 district of the court in the county, to remove tenants therefrom, and to
 render judgment for rent due without regard to amount. EXCEPT AS  OTHER-
 WISE  PROHIBITED  PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED
 NINETY-SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, THE COURT
 SHALL HAVE JURISDICTION OF SUMMARY PROCEEDINGS COMMENCED  UNDER  ARTICLE
 SEVEN-C  OF  THE  REAL  PROPERTY ACTIONS AND PROCEEDINGS LAW RELATING TO
 REAL PROPERTY LOCATED IN WHOLE OR  IN  PART  WITHIN  THE  DISTRICT,  AND
 RENDER RELIEF AUTHORIZED THEREIN.
   §  5.  Section 204 of the uniform justice court act is amended to read
 as follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession of real property located in whole or in part within the muni-
 cipality,  to  remove tenants therefrom, and to render judgment for rent
 due without regard to amount. EXCEPT AS OTHERWISE PROHIBITED PURSUANT TO
 SUBDIVISION THREE OF SECTION SEVEN  HUNDRED  NINETY-SEVEN  OF  THE  REAL
 PROPERTY  ACTIONS AND PROCEEDINGS LAW, THE COURT SHALL HAVE JURISDICTION
 OF SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROP-
 ERTY ACTIONS AND PROCEEDINGS LAW RELATING TO REAL  PROPERTY  LOCATED  IN
 WHOLE  OR  IN PART WITHIN THE MUNICIPALITY, AND RENDER RELIEF AUTHORIZED
 THEREIN.
 S. 4594--B                          5

   § 6. Section 204 of the New York city civil court act, as  amended  by
 chapter 373 of the laws of 1966, is amended to read as follows:
   §  204.  Summary  proceedings.  The court shall have jurisdiction over
 summary proceedings to recover possession of real property located with-
 in the city of New York, to remove  tenants  therefrom,  and  to  render
 judgment for rent due without regard to amount, and in such a proceeding
 after  the court has determined that a warrant of eviction be issued, it
 shall not be necessary for the court to sign the warrant, but it may  be
 signed  by  the clerk of said court. The court shall also have jurisdic-
 tion over special proceedings by tenants of multiple  dwellings  in  the
 city  of  New  York  for judgment directing deposit of rents and the use
 thereof for the purpose  of  remedying  conditions  dangerous  to  life,
 health  or safety, as authorized by article seven-a of the real property
 actions and proceedings law. EXCEPT AS OTHERWISE PROHIBITED PURSUANT  TO
 SUBDIVISION  THREE  OF  SECTION  SEVEN  HUNDRED NINETY-SEVEN OF THE REAL
 PROPERTY ACTIONS AND PROCEEDINGS LAW, THE COURT SHALL HAVE  JURISDICTION
 OF SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROP-
 ERTY  ACTIONS  AND  PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED IN
 WHOLE OR IN PART WITHIN THE CITY OF NEW YORK, AND RENDER RELIEF  AUTHOR-
 IZED THEREIN.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S4594B

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Archive: Last Bill Status - Passed Senate & Assembly

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2021-S4594 - Details

2021-S4594 - Summary

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2021-S4594 - Bill Text download pdf

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2021-S4594A - Details

2021-S4594A - Summary

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2021-S4594B (ACTIVE) - Details

2021-S4594B (ACTIVE) - Summary

2021-S4594B (ACTIVE) - Sponsor Memo

2021-S4594B (ACTIVE) - Bill Text download pdf

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