S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10264
 
                           I N  A S S E M B L Y
 
                               May 15, 2024
                                ___________
 
 Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
   Bichotte Hermelyn) -- read once and referred to the Committee on Judi-
   ciary
 
 AN ACT to amend the New York  city  civil  court  act,  in  relation  to
   restructuring  the selection process for judges of the housing part of
   the civil court of the city of New York; to amend the election law, in
   relation to designating petitions for candidates  for  the  office  of
   judge  of the housing part of the civil court of the city of New York;
   to amend the judiciary law, in relation to making conforming  changes;
   to  abolish  the  advisory  council  for the housing part of the civil
   court of the city of New York; and to repeal  subdivisions  (f),  (g),
   (h) and (i) of section 110 of the New York city civil court act relat-
   ing to the selection and appointment of housing court judges
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds the following:
   a. The serious issues relating to many residents of the  city  of  New
 York  remaining  in their homes and the maintenance of minimum habitable
 conditions in their residential  buildings  remains  some  of  the  most
 urgent  and important that have to be addressed by all interested groups
 including the tenants, the property owners and operators, the state  and
 city of New York.
   b.  The  housing  part  of the civil court of the city of New York was
 originally established to enhance  the  administration  of  the  various
 laws,  rules  and  regulations  governing  housing  in New York city and
 provide a fair and independent forum to  resolve  disputes  between  the
 interested  and  often competing groups. It has not fulfilled all of the
 expectations of its creators.
   c. Section 110 of the New York  city  civil  court  act,  particularly
 subdivision (f), has created a convoluted, opaque and potentially unrep-
 resentative  method  to  select  the officers currently presiding in the
 housing part of the civil court of the city of New York. It is a  method
 that  is  not utilized to elect or appoint any other judge or justice of
 any New York state court of record within the  city  of  New  York.  The
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10620-01-3
 A. 10264                            2
 
 current  process,  as  previously enacted by the legislature, vests that
 authority in the office of court administration and not in the voters of
 the city or their elected representatives.
   d.  In  order to ensure that all the litigants in this important forum
 can obtain a satisfactory and legally compliant resolution in a judicial
 proceeding, it is  essential  to  provide  that  the  arbiter  of  these
 disputes  is  selected  in a manner that provides them with the stature,
 authority and respect that will promote justice, enhance  diversity  and
 inspire  greater  public confidence. The legislature proposes the enact-
 ment of a statutory framework creating a new structure that would  elect
 51  housing  judges  in the same manner as a judge of the civil court of
 the city of New York.
   § 2. Subdivisions (f), (g), (h) and (i) of section 110 of the New York
 city civil court act are REPEALED.
   § 3. Subdivision (e) of section 110 of the New York city  civil  court
 act,  as  amended by chapter 528 of the laws of 1984, is amended to read
 as follows:
   (e) Actions and proceedings before the housing  part  shall  be  tried
 before [civil court judges, acting civil court judges, or] housing judg-
 es.  Housing judges shall be [appointed] ELECTED pursuant to subdivision
 (f)  of  this  section  and shall be duly constituted judicial officers,
 empowered to hear, determine and grant any relief within the  powers  of
 the housing part in any action or proceeding except those to be tried by
 jury. Such housing judges shall have the power of judges of the court to
 punish  for  contempts. Rules of evidence shall be applicable in actions
 and proceedings before the housing part. The determination of a  housing
 judge  shall  be  final  and shall be entered and may be appealed in the
 same manner as a judgment of the court; provided that the assignment  of
 actions  and proceedings to housing judges, the conduct of the trial and
 the contents and filing of a housing judge's decision, and  all  matters
 incidental  to the operation of the housing part, shall be in accordance
 with rules jointly promulgated by the first and  second  departments  of
 the appellate division for such part.
   §  4.  Section  110 of the New York city civil court act is amended by
 adding four new subdivisions (f), (g), (h) and (i) to read as follows:
   (F) (1) THE HOUSING PART OF THE CIVIL COURT OF THE CITY  OF  NEW  YORK
 SHALL CONSIST OF FIFTY-ONE JUDGES. ONE HOUSING JUDGE SHALL BE ELECTED IN
 EACH  OF  THE  FIFTY-ONE COUNCIL DISTRICTS BY THE VOTERS OF THAT COUNCIL
 DISTRICT AT A GENERAL  ELECTION.  ELECTIONS  SHALL  BE  SUBJECT  TO  THE
 PROVISIONS  OF  THE ELECTION LAW RELATING TO ELECTIONS FOR ANY OFFICE TO
 BE FILLED IN THE CITY OF NEW YORK  BY  THE  VOTERS  OF  A  CITY  COUNCIL
 DISTRICT.  EACH HOUSING JUDGE MUST BE A RESIDENT OF THE COUNCIL DISTRICT
 IN WHICH HE OR SHE IS RUNNING FOR ELECTION ON THE DATE  OF  THE  GENERAL
 ELECTION. NO PERSON MAY SERVE IN THE OFFICE OF JUDGE OF THIS COURT AFTER
 THE EFFECTIVE DATE OF THIS SECTION UNLESS HE OR SHE HAS BEEN ADMITTED TO
 PRACTICE  LAW  IN THIS STATE AND IN ACTIVE PRACTICE IN THIS STATE FOR AT
 LEAST TEN YEARS AS OF THE DATE HE OR SHE COMMENCES THE DUTIES OF OFFICE.
 THE ANNUAL SALARY OF A HOUSING JUDGE SHALL BE ONE HUNDRED FIFTEEN  THOU-
 SAND FOUR HUNDRED DOLLARS.
   (2)  THE  TERMS OF ALL HOUSING JUDGES APPOINTED PRIOR TO THE EFFECTIVE
 DATE OF THIS SECTION SHALL EXPIRE ON DECEMBER THIRTY-FIRST OF  THE  YEAR
 IN WHICH THE FIRST GENERAL ELECTION IS CONDUCTED TO ELECT HOUSING JUDGES
 AS  PROVIDED  IN  PARAGRAPH  ONE OF THIS SUBDIVISION; PROVIDED, HOWEVER,
 THAT IN THE EVENT THAT THE OFFICE OF A JUDGE OF THE HOUSING PART OF  THE
 CIVIL  COURT OF THE CITY OF NEW YORK IS NOT FILLED IN A COUNCIL DISTRICT
 AT THE FIRST GENERAL ELECTION AFTER THE EFFECTIVE DATE OF THIS  SUBDIVI-
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 SION, THE HOUSING JUDGE CURRENTLY SERVING IN SUCH DISTRICT SHALL CONTIN-
 UE IN HIS OR HER POSITION UNTIL HIS OR HER SUCCESSOR IS DULY ELECTED AND
 SWORN TO THE POSITION. THEREAFTER, A VACANCY OCCURRING OTHERWISE THAN BY
 THE  EXPIRATION  OF TERM IN THE OFFICE OF A JUDGE OF THE HOUSING PART OF
 THE CIVIL COURT OF THE CITY OF NEW YORK SHALL BE FILLED BY THE MAYOR  OF
 THE  CITY  OF  NEW YORK BY AN APPOINTMENT WHICH SHALL CONTINUE UNTIL AND
 INCLUDING THE LAST DAY OF DECEMBER NEXT AFTER THE ELECTION AT WHICH  THE
 VACANCY SHALL BE FILLED.
   (3)  A  HOUSING  JUDGE SHALL BE ELIGIBLE FOR RE-ELECTION AND MAY SERVE
 UNTIL THE EXPIRATION OF HIS OR HER TERM OR THE END OF THE CALENDAR  YEAR
 IN  WHICH THE JUDGE TURNS SEVENTY YEARS OF AGE PURSUANT TO SECTION TWEN-
 TY-THREE OF THE JUDICIARY LAW, WHICHEVER DATE IS EARLIER.
   (G) EACH HOUSING JUDGE MAY APPOINT A COURT ATTORNEY TO SERVE AT HIS OR
 HER PLEASURE. SUCH ATTORNEYS SHALL BE APPOINTED IN THE SAME MANNER AS  A
 COURT ATTORNEY APPOINTED BY A JUDGE OF THE CIVIL COURT.
   (H)  HOUSING  JUDGES  SHALL BE SUBJECT TO THE SAME RULES OF CONDUCT AS
 OTHER JUDGES OF COURTS OF RECORD AND SUBJECT TO THE DISCIPLINARY  POWERS
 OF  THE  STATE  COMMISSION  ON  JUDICIAL CONDUCT ESTABLISHED PURSUANT TO
 ARTICLE TWO-A OF THE JUDICIARY LAW.
   (I) HOUSING JUDGES ARE PROHIBITED FROM BEING  ASSIGNED  TO  ANY  OTHER
 PART OR COURT OF THE UNIFIED COURT SYSTEM.
   §  5.  Section  6-168  of  the election law is amended by adding a new
 subdivision 5 to read as follows:
   5. THE PROVISIONS OF THIS SECTION SHALL APPLY TO THE ELECTION OF JUDG-
 ES OF THE HOUSING PART OF THE CIVIL COURT OF THE CITY OF NEW YORK.
   § 6. The section heading and subdivision 1 of section 25 of the  judi-
 ciary law, as amended by chapter 261 of the laws of 1989, are amended to
 read as follows:
   Retirement  of  state-paid full-time judges or justices of the unified
 court system and housing judges [appointed] ELECTED pursuant to subdivi-
 sion (f) of section one hundred ten of the New York city civil court act
 for disability. 1. A  state-paid  full-time  judge  or  justice  of  the
 unified  court  system  or housing judge [appointed] ELECTED pursuant to
 subdivision (f) of section one hundred ten of the New  York  city  civil
 court act may apply for the special disability allowance provided for in
 this  section by filing with the appellate division of the supreme court
 in which he resides (a) his petition, duly verified,  stating  that  for
 reasons  specified  he  is  incapacitated  to  perform the duties of his
 office; and (b) his resignation. If the appellate division shall  deter-
 mine  that such judge or justice is incapacitated, it may make and enter
 an order retiring such judge or justice from office. Upon the filing  in
 the office of court administration of a certified copy of such order and
 such resignation, the office of such judge or justice shall be vacant.
   §  7.  The advisory council for the housing part of the civil court of
 the city of New York is abolished.
   § 8. This act shall take effect immediately and  shall  apply  to  the
 election of judges of the housing part of the civil court of the city of
 New York on and after January 1, 2024.