Amd Title 1 §1, add §1-a, Title 10-A §73-a, Chap 416 of 1893
Establishes a housing part for city court of Yonkers to have jurisdiction of such actions and proceedings; including but not limited to enforcement and foreclosure of liens, injunctions and restraining orders for the enforcement of housing standards and special proceedings to vest title in the city of Yonkers to abandoned multiple dwellings; makes various other provisions.
STATE OF NEW YORK
________________________________________________________________________
3406
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend chapter 416 of the laws of 1893 relating to the city
court of Yonkers, in relation to establishing a housing part of the
city court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 1 of title 1 of chapter 416 of the laws of 1893
2 relating to the city court of Yonkers is amended by adding a new subdi-
3 vision (d) to read as follows:
4 (d) Pursuant to section 73-a in conjunction with a proceeding in the
5 housing part.
6 § 2. Title 1 of chapter 416 of the laws of 1893 relating to the city
7 court of Yonkers is amended by adding a new section 1-a to read as
8 follows:
9 § 1-a. Housing remedies. The court shall have jurisdiction of the
10 following actions and proceedings provided that the real property
11 involved or part of it is situated within the city of Yonkers:
12 (a) actions and proceedings for the establishment, enforcement or
13 foreclosure of liens upon real property and upon the rents therefrom for
14 criminal and civil penalties, or for costs, expenses and disbursements
15 incurred by the city of Yonkers in the elimination or correction of a
16 nuisance or other violations of housing standards, including, but not
17 limited to, the building, sanitary, zoning, and fire codes of the city
18 of Yonkers;
19 (b) actions and proceedings for the issuance of injunctions and
20 restraining orders or other orders for the enforcement of housing stand-
21 ards under such law; and
22 (c) special proceedings to vest title in the city of Yonkers to aban-
23 doned multiple dwellings.
24 § 3. Chapter 416 of the laws of 1893 relating to the city court of
25 Yonkers is amended by adding a new title 10-A to read as follows:
26 TITLE X-A
27 Housing Part
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08168-01-3
A. 3406 2
1 § 73-a. Housing Part. (a) A part of the court shall be devoted to
2 actions and proceedings involving the enforcement of state and local
3 laws for the establishment and maintenance of housing standards, includ-
4 ing, but not limited to, the building, sanitary, zoning and fire codes
5 of the city of Yonkers, as follows:
6 (1) Actions for the imposition and collection of criminal and civil
7 penalties for the violation of such laws.
8 (2) Actions for the collection of costs, expenses and disbursements
9 incurred by the city of Yonkers in the elimination or correction of a
10 nuisance or other violation of such laws, or in the removal or demoli-
11 tion of any dwelling pursuant to such laws.
12 (3) Actions and proceedings for the establishment, enforcement or
13 foreclosure of liens upon real property and upon rents therefrom for
14 criminal and civil penalties, or for costs, expenses and disbursements
15 incurred by the city of Yonkers in the elimination or correction of a
16 nuisance or other violation of such laws.
17 (4) Proceedings for the issuance of injunctions and restraining orders
18 or other orders for the enforcement of housing standards under such
19 laws.
20 (5) Actions and proceedings under article 7-A of the real property
21 actions and proceedings law, and all summary proceedings to recover
22 possession of residential premises, to remove tenants therefrom and to
23 render judgment for rent due, including without limitation cases in
24 which a tenant alleges a defense under section 755 of the real property
25 actions and proceedings law, relating to stay of proceedings or action
26 for rent upon failure to make repairs, and actions and proceedings
27 relating to the abatement of rent.
28 (6) Proceedings for the appointment of a receiver of rents, issues and
29 profits of buildings in order to remove or remedy a nuisance or to make
30 repairs required to be made under such laws.
31 (7) Actions and proceedings for the removal of housing violations
32 recorded pursuant to such laws, or for the imposition of such violation
33 or for the stay of any penalty thereunder.
34 (8) Special proceedings to vest title in the city of Yonkers to aban-
35 doned multiple dwellings.
36 (b) Such part of the court shall, in addition to those actions and
37 proceedings assigned in subdivision (a) of this section, be assigned
38 such actions and proceedings as shall be deemed appropriate by the chief
39 judge of the city court.
40 (c) The city department charged with enforcing the building code and
41 other state and local laws applicable to the enforcement of proper hous-
42 ing standards may commence any action or proceeding described in para-
43 graphs 1, 2, 3, 4, 6 and 7 of subdivision (a) of this section by an
44 order to show cause, returnable within five days, or within any other
45 time period in the discretion of the court. Upon the signing of such
46 order, the clerk of the housing part shall issue an index number.
47 (d) On the application of any city department, any party, or on its
48 own motion, the housing part of the city court may consolidate all
49 actions and proceedings pending in such part as to any building.
50 (e) Regardless of the relief originally sought by a party, the court
51 may recommend or employ any remedy, program, procedure or sanction
52 authorized by law for the enforcement of housing standards, if it
53 believes they will be more effective to accomplish compliance or to
54 protect and promote the public interest; provided in the event any such
55 proposed remedy, program or procedure entails the expenditure of monies
56 appropriated by the city, other than for the utilization and employment
A. 3406 3
1 of personnel and services incidental thereto, the court shall give
2 notice of such proposed remedy, program or procedure to the city depart-
3 ment charged with the enforcement of local laws relating to housing
4 maintenance and shall not employ such proposed remedy, program or proce-
5 dure, as the case may be, if such department shall advise the court in
6 writing within the time fixed by the court, which shall not be less than
7 fifteen days after such notice has been given, of the reasons such order
8 should not be issued, which advice shall become part of the record. The
9 court may retain continuing jurisdiction of any action or proceeding
10 relating to a building until all violations of law have been removed.
11 (f) In any of the actions or proceedings specified in subdivisions (a)
12 and (b) of this section, and on the application of any party or any city
13 department or, on its own motion, the court may join any other person or
14 city department as a party in order to effectuate proper housing mainte-
15 nance standards and to promote the public interest.
16 (g) Actions and proceedings before the housing part shall be tried
17 before a city court judge or judges.
18 (h) The chief judge of the city court shall assign one or more of the
19 judges of such court to serve as judge of the housing part.
20 (i) Hearings may be recorded mechanically in the discretion of the
21 court. A party may request a transcript from a mechanical recording. Any
22 party making a request for a copy of either a mechanically or manually
23 recorded transcript shall bear the cost thereof and shall furnish a copy
24 of the transcript to the court, and to the other parties.
25 (j) Any city department charged with enforcing any state or local law
26 applicable to the enforcement of proper housing standards may be repres-
27 ented in the housing part by corporation counsel in any action or
28 proceeding in which it is a party. A corporation which is a party may be
29 represented by an officer, director or a principal stockholder, or any
30 employee authorized by the corporation.
31 (k) Nothing contained in this section shall in any way affect the
32 right of any party to trial by jury as heretofore provided by law.
33 (l) There shall be a sufficient number of pro se clerks of the housing
34 part to assist persons without counsel. Such assistance shall include,
35 but need not be limited to, providing information regarding court proce-
36 dure, helping to file court papers, and, where appropriate, advising
37 persons to seek administrative relief.
38 (m) On the date upon which a petition to recover possession of real
39 property based upon nonpayment of rent is noticed to be heard, in any
40 case in which breach of the warranty of habitability or other triable
41 issues of fact are raised, jurisdiction is not contested, and full
42 payment of rent not alleged, the court shall grant a reasonable adjourn-
43 ment for trial purposes, and may direct the respondent to pay the unpaid
44 rent into escrow in the court clerk's office prior to trial, upon such
45 terms as may be just. Where such escrow is ordered, respondent shall be
46 informed by the court that default in payment of such escrow will result
47 in the entry of a default judgment against respondent. In any such
48 cases, the court may condition the granting of a stay in an order to
49 show cause upon the deposit of a similar escrow in the court clerk's
50 office prior to the return date of such order, and upon such terms as
51 may be just. Disposition of such escrow amounts shall be subject to
52 further order of the court.
53 § 4. This act shall take effect on the first of January next succeed-
54 ing the date on which it shall have become a law.
