|SAME AS||SAME AS S07809|
|Relates to enacting the Rochester housing court act, establishing a housing part of the city court of Rochester.|
|02/07/2018||referred to judiciary|
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9783 SPONSOR: Bronson
TITLE OF BILL: An act relating to enacting the Rochester housing court act   PURPOSE: Relates to the enactment of Rochester housing court   SUMMARY OF PROVISIONS: Section 1: Title; Section 2: Definitions; Section 3: Actions and proceedings permitted; Section 4: Consolidation; Section 5: Relief permitted; Section 6: Joinder; Section 7: Judge and rules of evidence; Section 8: Advisory council appointment; Section 9: Advisory council reporting; Section 10: Cross-index; Section 11: Corporation; Section 12: Service of summons; Section 13: Jury trial; Section 14: Effective date   JUSTIFICATION: This measure would enact the Rochester Housing Court in relation to the establishment of a housing part in the Rochester City Court. The purpose of this measure is to improve the quality of housing in the City of Rochester by enabling stricter, more effective enforcement of housing standards. The court's jurisdiction will be considerably broadened and the housing part would be empowered to recommend or employ any remedy, program, procedure or sanction authorized by federal, state or local law for the enforcement of housing standards.   LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect January 1, 2019.
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STATE OF NEW YORK ________________________________________________________________________ 9783 IN ASSEMBLY February 7, 2018 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Judiciary AN ACT relating to enacting the Rochester housing court act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "Rochester housing court act". 3 § 2. Definitions. As used in this act unless the context otherwise 4 requires, the following words and terms shall have the meaning ascribed 5 to them: 6 (a) "Housing codes" means all state and local laws for the establish- 7 ment and maintenance of housing standards, including but not limited to 8 the multiple dwelling law, real property law, real property actions and 9 proceedings law, real property tax law, and the housing and property 10 code, building code, zoning ordinance, and fire prevention code and 11 related ordinances of the city of Rochester. 12 (b) "City" means the city of Rochester. 13 § 3. Actions and proceedings permitted. Notwithstanding any other 14 provision of law, a separate part of the city court of Rochester shall 15 be exclusively devoted to actions and proceedings involving the enforce- 16 ment of all housing codes, pertaining to all real property situated 17 within the city as follows: 18 (a) Actions for the imposition and collection of criminal penalties, 19 and for the imposition and collection of civil penalties, for the 20 violation of any state or local laws involving the establishment and 21 maintenance of housing standards. 22 (b) Actions for the collection of costs, expenses and disbursements 23 incurred by the city of Rochester in the elimination or correction of a 24 nuisance or other violation of any of the housing codes, or in the 25 removal or demolition of any dwelling pursuant to such housing codes. 26 (c) Actions and proceedings for the establishment, enforcement or 27 foreclosure of liens upon real property and upon the rents therefrom for 28 civil penalties, or for costs, expenses and disbursements incurred by 29 the city in the elimination or correction of a nuisance or other EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14314-02-8A. 9783 2 1 violation of any of the housing codes or in the removal or demolition of 2 any building pursuant to such housing codes. 3 (d) Proceedings for the issuance of injunctions and restraining orders 4 or other orders for the enforcements of housing standards under any of 5 the housing codes. 6 (e) All summary proceedings to recover possession of residential prem- 7 ises to remove tenants therefrom, and to render judgment for rent due, 8 in which a tenant alleges a defense under section seven hundred fifty- 9 five of the real property actions and proceedings law, relating to stay 10 or proceedings or action for rent upon failure to make repairs, section 11 three hundred two-a of the multiple dwelling law, relating to the abate- 12 ment of rent in case of certain violations of any housing codes, and 13 section two hundred thirty-five-b of the real property law, relating to 14 a landlord's duty to maintain habitable premises, or any other law 15 involving housing code enforcement. The administrative judge of Roches- 16 ter city court may, in his or her discretion, empower the housing part 17 to hear all summary proceedings to recover possession of residential 18 premises, regardless of whether a tenant alleges a defense, at any time 19 when he or she feels that housing part is capable of handling all such 20 summary proceedings. 21 (f) Proceedings for the appointment of a receiver of rents, issues and 22 profits of buildings in order to remove or remedy a nuisance or to make 23 repairs required to be made under such housing codes. 24 (g) Actions and proceedings for the removal of housing violations 25 recorded pursuant to such housing codes, or for the imposition of such 26 violation or for the stay of any penalty thereunder. 27 (h) Special proceedings to vest title in the city to abandoned multi- 28 ple dwellings and one and two-unit structures. 29 § 4. Consolidation. On the application of any city department, any 30 party or on its own motion, the housing part shall, unless good cause is 31 shown to the contrary, consolidate all actions and proceedings pending 32 in such part as to any building. 33 § 5. Relief permitted. Regardless of the relief originally sought by a 34 party, the court may recommend or employ any remedy, program, procedure 35 or sanction authorized by law for the enforcement of housing standards, 36 if it believes they will be more effective to accomplish compliance or 37 to protect and promote the public interest; provided in the event any 38 such proposed remedy, program or procedure entails the expenditure of 39 moneys appropriated by the city, other than for the utilization and 40 deployment of personnel and services incidental thereto, the court shall 41 give notice of such proposed remedy, program or procedure to the city 42 department charged with the enforcement of local laws relating to hous- 43 ing maintenance and shall not employ such proposed remedy, program or 44 procedure, as the case may be, if such department shall advise the court 45 in writing within the time fixed by the court, which shall not be less 46 than fifteen days after such notice has been given, of the reasons such 47 order should not be issued, which advice shall become part of the 48 record. The court may retain continuing jurisdiction of any action or 49 proceeding relating to a building until all violations of law have been 50 removed. 51 § 6. Joinder. In any of the actions or proceedings specified in 52 section three of this act and on the application of any party, any city 53 department or the court, on its own motion, may join any other person or 54 city department as a party in order to effectuate proper housing mainte- 55 nance standards and to promote the public interest.A. 9783 3 1 § 7. Judge; rules of evidence. Actions and proceedings before the 2 housing part shall be tried before the housing part judge, who shall be 3 assigned to the housing part by the administrative judge of the city 4 court. Rules of evidence shall be applicable in actions and proceedings 5 before the housing part. 6 § 8. Advisory council; appointment. An advisory council for the hous- 7 ing part shall be established, and it shall be composed of two members 8 representative of each of the following: the real estate industry, 9 tenants' organizations, civic groups, bar associations, the Rochester 10 housing committee and four members from the public at-large. Such 11 members shall be appointed by the administrative judge of the city 12 court, with the approval of the presiding justices of the fourth depart- 13 ment. The members of the advisory council shall be appointed for a 14 renewable term of three years provided that one of the initial members 15 of each classification of membership shall serve for two years, such 16 classes to be determined by the administrative judge. In addition, the 17 mayor of the city and the city official in charge of housing programs 18 shall each appoint one member to serve at their pleasure. 19 § 9. Advisory council; reports. The advisory council shall meet at 20 least four times a year, and on such additional occasions as they may 21 require or as may be required by the administrative judge. Members shall 22 receive no compensation. Members shall visit housing part from time to 23 time to review the manner in which the part is functioning, and make 24 recommendations to the administrative judge and to the advisory council. 25 A report on the work of the court shall be prepared annually and submit- 26 ted to the administrative judge, the administrative board of the judi- 27 cial conference, the majority and minority leaders of the senate and 28 assembly, the governor and the mayor of the city, by January thirty- 29 first of each year. 30 § 10. Cross-index. The clerk of the court shall maintain a cross-index 31 of the names of all owners against which any action or proceeding has 32 been brought under section three of this act. The clerk shall also main- 33 tain a cross-index number system indicating by street address all 34 actions and proceedings brought under such section. 35 § 11. Corporation. A corporation which is a party may be represented 36 by an officer, director or a principal stockholder. 37 § 12. Service of summons. Where the manner of service prescribed for 38 actions and proceedings in this court includes delivery of the summons 39 to a person at the actual place of business of the person to be served, 40 such delivery may be made alternatively to a person of suitable age and 41 discretion at the address registered with the department charged with 42 the enforcement of local laws relating to housing maintenance, herein- 43 after referred to as the "registered address". Where the manner of 44 service prescribed for actions and proceedings in this court includes 45 affixing the summons to the door of the actual place of business of the 46 person to be served, the summons may, as an alternative, be posted in a 47 conspicuous place on the premises specified in the summons. Where the 48 manner of service for actions or proceedings in this court includes 49 mailing the summons to the person to be served at his or her last known 50 residence, the summons may, as an alternative, be mailed to the regis- 51 tered address. A copy of the summons with proof of service shall be 52 filed in the manner provided in section four hundred nine of the uniform 53 city court act, except that such filing shall be made with the clerk of 54 housing part.A. 9783 4 1 § 13. Jury trial. Nothing contained in this act shall in any way 2 affect the right of any party to trial by jury as heretofore provided by 3 law. 4 § 14. This act shall take effect on the sixtieth day after it shall 5 have become a law. Effective immediately, the office of court adminis- 6 tration shall promulgate rules and regulations necessary for the imple- 7 mentation of this act on its effective date.