Senate Bill S5122

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5122
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation  to  establishing  a  new
   housing court part for certain homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The judiciary law is amended by adding a new article 4-B to
 read as follows:
                                ARTICLE 4-B
                               HOUSING COURT
 SECTION 135-A. HOUSING COURT.
   § 135-A. HOUSING COURT. (A) NOTWITHSTANDING ANY  LAW,  RULE  OR  REGU-
 LATION TO THE CONTRARY, A HOUSING COURT SHALL BE ESTABLISHED FOR ACTIONS
 AND  PROCEEDINGS  INVOLVING  THE ENFORCEMENT OF STATE AND LOCAL LAWS FOR
 THE ESTABLISHMENT AND MAINTENANCE OF HOUSING STANDARDS. THE JURISDICTION
 OF SUCH COURTS SHALL EXTEND TO THE FOLLOWING:
   (1) ACTIONS FOR THE IMPOSITION AND COLLECTION OF CIVIL  PENALTIES  FOR
 THE VIOLATION OF SUCH LAWS.
   (2)  ACTIONS  AND  PROCEEDINGS  FOR  THE ESTABLISHMENT, ENFORCEMENT OR
 FORECLOSURE OF LIENS UPON REAL PROPERTY AND UPON THE RENTS THEREFROM FOR
 CIVIL PENALTIES, OR FOR COSTS, EXPENSES AND  DISBURSEMENTS  INCURRED  BY
 THE  COUNTY  IN  THE  ELIMINATION  OR  CORRECTION OF A NUISANCE OR OTHER
 VIOLATION OF SUCH LAWS.
   (3) PROCEEDINGS FOR THE ISSUANCE OF INJUNCTIONS AND RESTRAINING ORDERS
 OR OTHER ORDERS FOR THE ENFORCEMENT  OF  HOUSING  STANDARDS  UNDER  SUCH
 LAWS.
   (4)  ACTIONS  AND  PROCEEDINGS FOR THE PARTITION OF REAL PROPERTY, FOR
 DOWER, FOR THE FORECLOSURE, REDEMPTION OR  SATISFACTION  OF  A  MORTGAGE
 UPON  REAL  PROPERTY,  FOR  THE  FORECLOSURE  OF A LIEN ARISING OUT OF A
 CONTRACT FOR THE SALE OF REAL PROPERTY, FOR SPECIFIC  PERFORMANCE  OF  A
 CONTRACT  RELATING  TO REAL PROPERTY, FOR THE ENFORCEMENT OR FORECLOSURE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06061-01-5
              

 S. 5122                             2
 
 OF A MECHANIC'S LIEN ON REAL PROPERTY, FOR REFORMATION OR RESCISSION  OF
 A  DEED,  CONTRACT OR MORTGAGE AFFECTING REAL PROPERTY, OR TO COMPEL THE
 DETERMINATION OF A CLAIM TO REAL PROPERTY UNDER ARTICLE FIFTEEN  OF  THE
 REAL  PROPERTY  ACTIONS  AND PROCEEDINGS LAW, WHERE THE REAL PROPERTY TO
 WHICH THE ACTION RELATES IS SITUATED WITHIN THE COUNTY; OR TO  FORECLOSE
 A  LIEN UPON A CHATTEL IN A CASE SPECIFIED IN SECTION TWO HUNDRED SIX OF
 THE LIEN LAW WHERE THE LIEN DOES NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS
 IN AMOUNT AND THE CHATTEL IS FOUND WITHIN THE MUNICIPALITY.
   (5) PROCEEDINGS FOR THE APPOINTMENT OF A RECEIVER OF RENTS, ISSUES AND
 PROFITS OF BUILDINGS IN ORDER TO REMOVE OR REMEDY A NUISANCE OR TO  MAKE
 REPAIRS REQUIRED TO BE MADE UNDER SUCH LAWS.
   (6)  ACTIONS  AND  PROCEEDINGS  FOR  THE REMOVAL OF HOUSING VIOLATIONS
 RECORDED PURSUANT TO SUCH LAWS, OR FOR THE IMPOSITION OF SUCH  VIOLATION
 OR FOR THE STAY OF ANY PENALTY THEREUNDER.
   (7)  THE  MUNICIPAL  DEPARTMENT  CHARGED  WITH  ENFORCING THE MULTIPLE
 DWELLING LAW AND OTHER STATE AND LOCAL LAWS APPLICABLE TO  THE  ENFORCE-
 MENT  OF  PROPER HOUSING STANDARDS MAY COMMENCE ANY ACTION OR PROCEEDING
 DESCRIBED IN THIS SUBDIVISION BY AN  ORDER  TO  SHOW  CAUSE,  RETURNABLE
 WITHIN  FIVE  DAYS, OR WITHIN ANY OTHER TIME PERIOD IN THE DISCRETION OF
 THE COURT. UPON THE SIGNING OF SUCH ORDER,  THE  CLERK  OF  THE  HOUSING
 COURT SHALL ISSUE AN INDEX NUMBER.
   (B)  ON  THE APPLICATION OF ANY MUNICIPAL DEPARTMENT, ANY PARTY, OR ON
 ITS OWN MOTION, THE HOUSING COURT SHALL, UNLESS GOOD CAUSE IS  SHOWN  TO
 THE  CONTRARY,  CONSOLIDATE  ALL ACTIONS AND PROCEEDINGS PENDING IN SUCH
 PART AS TO ANY BUILDING.
   (C) THE HOUSING COURT SHALL CONTINUE JURISDICTION  OF  ANY  ACTION  OR
 PROCEEDING  RELATING TO A BUILDING UNTIL ALL VIOLATIONS OF LAW HAVE BEEN
 REMOVED.
   (D) IN ANY OF THE ACTIONS OR PROCEEDINGS SPECIFIED IN SUBDIVISION  (A)
 OF  THIS  SECTION  AND  ON  THE  APPLICATION OF ANY PARTY, ANY MUNICIPAL
 DEPARTMENT OR THE COURT, ON ITS OWN MOTION, MAY JOIN ANY OTHER PERSON OR
 MUNICIPAL DEPARTMENT AS A PARTY IN ORDER TO  EFFECTUATE  PROPER  HOUSING
 MAINTENANCE STANDARDS AND TO PROMOTE THE PUBLIC INTEREST. IN ADDITION TO
 ANY  OTHER  APPLICATION  OF ITS POWERS UNDER THIS SUBDIVISION, THE COURT
 MAY, ON THE APPLICATION OF ANY PARTY OR ON ITS OWN  MOTION,  JOIN  AS  A
 PARTY  THE DEPARTMENT OF SOCIAL SERVICES OF SUCH COUNTY IN ANY ACTION OR
 PROCEEDING IN WHICH THE PAYMENT OR NON-PAYMENT OF RENT BY A RECIPIENT OF
 OR APPLICANT FOR PUBLIC ASSISTANCE PURSUANT TO THE SOCIAL  SERVICES  LAW
 IS  AT  ISSUE,  AND  THE COURT MAY JOIN AS A PARTY THE DIVISION OF ADULT
 PROTECTIVE SERVICES OF THE SOCIAL SERVICES DISTRICT IN  SUCH  COUNTY  IN
 ANY SUCH ACTION OR PROCEEDING, WHERE APPROPRIATE.
   (E)  HOUSING  COURT  JUDGES SHALL BE APPOINTED 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.
   (F)  THE  HOUSING COURT JUDGE MAY BE AN ELECTED SUPREME COURT JUDGE OF
 SUCH JURISDICTION. SUCH HOUSING JUDGE SHALL BE  QUALIFIED  BY  TRAINING,
 INTEREST,  EXPERIENCE,  JUDICIAL  TEMPERAMENT  AND KNOWLEDGE OF FEDERAL,
 STATE AND LOCAL HOUSING LAWS AND PROGRAMS.
   (G) A HOUSING COURT JUDGE SHALL HAVE BEEN ADMITTED TO THE BAR  OF  THE
 STATE  FOR  AT  LEAST  FIVE YEARS, TWO YEARS OF WHICH SHALL HAVE BEEN IN
 S. 5122                             3
 
 ACTIVE PRACTICE. EACH HOUSING  JUDGE  SHALL  SERVE  FULL-TIME  FOR  FIVE
 YEARS.    IF SUCH HOUSING COURT JUDGE WAS APPOINTED, REAPPOINTMENT SHALL
 BE AT THE DISCRETION OF THE ADMINISTRATIVE JUDGE OF  THE  SUPREME  COURT
 AND  ON  THE  BASIS  OF THE PERFORMANCE, COMPETENCY AND RESULTS ACHIEVED
 DURING THE PRECEDING TERM.
   (H) ANY MUNICIPAL DEPARTMENT CHARGED WITH ENFORCING ANY STATE OR LOCAL
 LAW APPLICABLE TO THE ENFORCEMENT OF PROPER  HOUSING  STANDARDS  MAY  BE
 REPRESENTED  IN THE HOUSING PART BY ITS DEPARTMENT COUNSEL IN ANY ACTION
 OR PROCEEDING IN WHICH IT IS A PARTY. A CORPORATION WHICH IS A PARTY MAY
 BE REPRESENTED BY AN OFFICER, DIRECTOR OR A PRINCIPAL STOCKHOLDER.
   (I) NOTHING CONTAINED IN THIS SECTION SHALL  IN  ANY  WAY  AFFECT  THE
 RIGHT OF ANY PARTY TO TRIAL BY JURY AS PROVIDED BY LAW.
   (J) THERE SHALL BE A SUFFICIENT NUMBER OF PRO SE CLERKS OF THE HOUSING
 COURT  TO ASSIST PERSONS WITHOUT COUNSEL. SUCH ASSISTANCE SHALL INCLUDE,
 BUT NEED NOT BE  LIMITED  TO,  PROVIDING  INFORMATION  CONCERNING  COURT
 PROCEDURE,  HELPING TO FILE COURT PAPERS, AND, WHERE APPROPRIATE, ADVIS-
 ING PERSONS TO SEEK ADMINISTRATIVE RELIEF.
   (K) THE HOUSING COURT SHALL ESTABLISH AN ESCROW ACCOUNT. IN  ORDER  TO
 APPEAR  IN  HOUSING COURT, A TENANT SHALL SUBMIT ANY OWED RENT INTO SUCH
 ESCROW ACCOUNT.
   (L) ANY LANDLORD THAT OWNS TWENTY UNITS OR LESS SHALL BE  ENTITLED  TO
 FREE LEGAL SERVICES IF SUCH LANDLORD CAN PROVE A LOSS OF AT LEAST TWENTY
 PERCENT OF RENT PAYMENTS IN A CALENDAR YEAR.
   (M)  ANY  LANDLORD THAT IS IN MORTGAGE FORECLOSURE DUE TO LOSS OF RENT
 PAYMENTS CANNOT ENTER INTO A STATE OF  FORECLOSURE  UNTIL  SUCH  HOUSING
 COURT  RESOLVES  ANY RENT ISSUES. THE HOUSING COURT SHALL TRACK ALL LOSS
 OF RENT PAYMENT CASES AND SUBSEQUENT FORECLOSURE CASES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.