S T A T E O F N E W Y O R K
________________________________________________________________________
7163
2025-2026 Regular Sessions
I N A S S E M B L Y
March 21, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Judiciary
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 remain some of the most urgent
and important that have to be addressed by all interested groups includ-
ing 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11058-01-5
A. 7163 2
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
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 THEY ARE 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 SUCH PERSON 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 THEY COMMENCE 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
A. 7163 3
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-
SION, THE HOUSING JUDGE CURRENTLY SERVING IN SUCH DISTRICT SHALL CONTIN-
UE IN THE POSITION UNTIL THEIR 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 THEIR TERM OR THE END OF THE CALENDAR YEAR IN
WHICH THE JUDGE TURNS SEVENTY YEARS OF AGE PURSUANT TO SECTION TWENTY-
THREE OF THE JUDICIARY LAW, WHICHEVER DATE IS EARLIER.
(G) EACH HOUSING JUDGE MAY APPOINT A COURT ATTORNEY TO SERVE AT THEIR
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] SUCH JUDGE OR JUSTICE resides (a) [his] A petition, duly
verified, stating that for reasons specified [he], THE JUDGE OR JUSTICE
is incapacitated to perform the duties of [his] THE office; and (b)
[his] SUCH JUDGE'S OR JUSTICE'S resignation. If the appellate division
shall determine 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, 2025.