Enacts the "tenant dignity and safe housing act"; authorizes special proceedings by tenants for judgment directing repairs of conditions and other relief in residential real property constituting a violation of local or state housing standards and codes; creates a process by which a tenant may start such proceedings in the court clerk's office; grants jurisdiction to city, district, justice, and New York city civil courts; provides remedies; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
354--B
Cal. No. 25
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. MAGNARELLI, SEAWRIGHT, ABINANTI, EPSTEIN, ANDER-
SON, ENGLEBRIGHT, SIMON, GALEF, KELLES, BRONSON, CRUZ, CLARK, BARRETT,
MEEKS, JACOBSON, MITAYNES, FAHY -- read once and referred to the
Committee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- ordered to a
third reading -- passed by Assembly and delivered to the Senate,
recalled from the Senate, vote reconsidered, bill amended, ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the real property actions and proceedings law, in
relation to special proceedings by tenants for judgment directing
repairs of conditions and other relief in residential real property;
and to amend the uniform city court act, the uniform district court
act, the uniform justice court act, and the New York city civil court
act in relation to summary proceedings relating thereto
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 "tenant dignity and safe housing act".
3 § 2. The real property actions and proceedings law is amended by
4 adding a new article 7-C to read as follows:
5 ARTICLE 7-C
6 SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF
7 CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING
8 VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL
9 PROPERTY LAW § 235-b AND ANY OTHER APPROPRIATE RELIEF
10 Section 797. Jurisdiction; courts; venue.
11 797-a. Person who may maintain proceeding.
12 797-b. Respondent.
13 797-c. Commencement; notice of petition; petition.
14 797-d. Time of service; order to show cause.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05317-07-2
A. 354--B 2
1 797-e. Manner of service of notice of petition and petition;
2 when service complete.
3 797-f. Contents of the petition.
4 797-g. Notice to local housing standard enforcement agency.
5 797-h. Answer.
6 797-i. Trial.
7 797-j. Judgment.
8 § 797. Jurisdiction; courts; venue. 1. Except as prohibited under
9 subdivision three of this section, a special proceeding for judgment
10 directing repairs of conditions and other relief in residential real
11 property constituting violation of applicable local and state housing
12 standards or section two hundred thirty-five-b of the real property law
13 may be maintained in a county court, justice court, district court, city
14 court, or civil court of the city of New York.
15 2. The place of trial of the special proceeding shall be within the
16 jurisdictional area of the court in which the residential real property
17 or a portion thereof is situated.
18 3. A special proceeding for judgment directing repairs of conditions
19 and/or other relief in residential real property under this article
20 shall not be maintained where such residential real property located in
21 the county of Nassau or the county of Suffolk, and shall not be main-
22 tained in any court in such counties.
23 § 797-a. Person who may maintain proceeding. 1. The proceeding may be
24 maintained by any party, known herein as a tenant, who is an occupant of
25 residential real property for thirty consecutive days or longer under an
26 agreement not created by deed.
27 2. The proceeding may be maintained by one or more tenants of a resi-
28 dential property.
29 § 797-b. Respondent. The following may be named as a respondent:
30 1. The person, corporation, limited liability company, general part-
31 nership, limited partnership, or any other entity holding title to the
32 real property.
33 2. The person or organization listed on any state or local residential
34 registration statement.
35 3. Anyone who holds themselves out as landlord by such actions as
36 collecting rent, making repairs, signing leases, or other such conduct.
37 4. A public housing authority or a governmental body that owns or
38 manages the property.
39 § 797-c. Commencement; notice of petition; petition. 1. The proceeding
40 shall be commenced by the filing of a notice of petition and petition
41 with the clerk of the court. A notice of petition may be issued by an
42 attorney, judge, or clerk of the court.
43 2. The notice of petition shall specify the time and place of the
44 hearing on the petition and state that if the respondent shall fail to
45 appear at such time and place to interpose any defense, the respondent
46 may be precluded from asserting such defense.
47 3. The office of court administration shall promulgate simple forms
48 that tenant-petitioners may use to commence the special proceedings.
49 4. Court clerks shall be charged with assisting petitioners to
50 complete and serve the notice of petition and petition to commence the
51 special proceeding.
52 § 797-d. Time of service; order to show cause. 1. The notice of peti-
53 tion and petition shall be served at least ten and not more than seven-
54 teen days before the time at which the petition is to be heard.
55 2. The court may grant an order to show cause to be served in lieu of
56 a notice of petition at a time and in a manner specified therein.
A. 354--B 3
1 § 797-e. Manner of service of notice of petition and petition; when
2 service complete. 1. Personal service upon a natural person may be
3 completed in the manner in which a summons is served under section three
4 hundred eight of the civil practice law and rules.
5 2. Personal service upon a partnership may be completed in a manner in
6 which a summons is served under sections three hundred eight, three
7 hundred ten or three hundred ten-a of the civil practice law and rules.
8 3. Personal service on a corporation may be completed in a manner in
9 which a summons is served under section three hundred eleven of the
10 civil practice law and rules.
11 4. Personal service upon a limited liability company may be completed
12 in a manner in which a summons is served under section three hundred
13 eleven-a of the civil practice law and rules.
14 5. In the alternative, personal service may be completed by the court
15 clerk on any natural person, partnership, corporation, or limited
16 liability company by mailing the notice of petition and petition by
17 certified and first-class mail to an address where local property tax
18 bills are sent. If the jurisdiction in which the court sits has a rental
19 registry requirement, service may be completed by mailing to the address
20 for the real property in the registry.
21 6. Proof of service shall be filed with the clerk of the court within
22 three days thereafter. Personal service on the respondent shall be
23 complete upon personal delivery. Any authorized mail service pursuant to
24 this subdivision shall be complete upon the filing of proof of service.
25 § 797-f. Contents of the petition. 1. The petition shall be verified
26 by the person authorized to maintain the proceeding under section seven
27 hundred ninety-seven-a of this article or by a legal representative,
28 attorney, or agent of such person pursuant to rule three hundred twenty
29 of the civil practice law and rules. The attorney of such person may
30 verify upon information and belief.
31 2. Every petition shall:
32 a. State the interest of the petitioner in the premises for which
33 relief under this article is sought;
34 b. Describe the premises that is the subject of the petition;
35 c. State the facts upon which the special proceeding is based, includ-
36 ing those conditions constituting violation of applicable state or local
37 housing standards or section two hundred thirty-five-b of the real prop-
38 erty law; and
39 d. State the relief sought. Such relief may include an order to
40 repair, a monetary judgment in favor of petitioner for diminished value
41 of real property, and an order reducing future rent until violations
42 have been cured.
43 § 797-g. Notice to local housing standard enforcement agency. The
44 clerk of the court shall mail a copy of the filed notice of petition and
45 petition to the appropriate government agency charged with enforcing
46 local or state housing standards within the court's jurisdiction.
47 § 797-h. Answer. At or prior to the time the petition is to be heard
48 the respondent may answer orally or in writing. If the answer is oral
49 the substance thereof shall be recorded by the clerk or, if a particular
50 court has no clerk, by the presiding judge or justice of such court, and
51 maintained in the case record. The answer may contain any legal or equi-
52 table defense.
53 § 797-i. Trial. Where triable issues of fact are raised, they shall be
54 tried by the court unless, at the time the petition is noticed to be
55 heard, a party demands a trial by jury, in which case trial shall be by
56 jury. At the time when issue is joined, the court, at the request of
A. 354--B 4
1 either party shall adjourn the trial of the issue, not less than four-
2 teen days, except by consent of all parties. A party's second or subse-
3 quent request for adjournment shall be granted in the court's sole
4 discretion.
5 § 797-j. Judgment. 1. The court shall direct that final judgment be
6 entered determining the rights of the parties.
7 2. The judgment may include:
8 a. An order to repair conditions constituting violation of applicable
9 local and state housing standards or section two hundred thirty-five-b
10 of the real property law;
11 b. A monetary judgment in favor of the petitioner for the diminished
12 value of the real property resulting from violation of applicable local
13 and state housing standards or section two hundred thirty-five-b of the
14 real property law;
15 c. A reduction in future rent for the diminished value of the real
16 property resulting from violation of applicable local and state housing
17 standards or section two hundred thirty-five-b of the real property law
18 until such time that, to the court's satisfaction, the violation has
19 been cured; and
20 d. Any other relief that the court may deem just.
21 § 3. Section 204 of the uniform city court act is amended to read as
22 follows:
23 § 204. Summary proceedings.
24 The court shall have jurisdiction of summary proceedings to recover
25 possession of real property located in whole or in part within the city,
26 to remove tenants therefrom, and to render judgment for rent due without
27 regard to amount. Except as otherwise prohibited pursuant to subdivision
28 three of section seven hundred ninety-seven of the real property actions
29 and proceedings law, the court shall have jurisdiction of summary
30 proceedings commenced under article seven-C of the real property actions
31 and proceedings law relating to real property located in whole or in
32 part within the city, and render relief authorized therein.
33 § 4. Section 204 of the uniform district court act is amended to read
34 as follows:
35 § 204. Summary proceedings.
36 The court shall have jurisdiction of summary proceedings to recover
37 possession of real property located in whole or in part within a
38 district of the court in the county, to remove tenants therefrom, and to
39 render judgment for rent due without regard to amount. Except as other-
40 wise prohibited pursuant to subdivision three of section seven hundred
41 ninety-seven of the real property actions and proceedings law, the court
42 shall have jurisdiction of summary proceedings commenced under article
43 seven-C of the real property actions and proceedings law relating to
44 real property located in whole or in part within the district, and
45 render relief authorized therein.
46 § 5. Section 204 of the uniform justice court act is amended to read
47 as follows:
48 § 204. Summary proceedings.
49 The court shall have jurisdiction of summary proceedings to recover
50 possession of real property located in whole or in part within the muni-
51 cipality, to remove tenants therefrom, and to render judgment for rent
52 due without regard to amount. Except as otherwise prohibited pursuant to
53 subdivision three of section seven hundred ninety-seven of the real
54 property actions and proceedings law, the court shall have jurisdiction
55 of summary proceedings commenced under article seven-C of the real prop-
56 erty actions and proceedings law relating to real property located in
A. 354--B 5
1 whole or in part within the municipality, and render relief authorized
2 therein.
3 § 6. Section 204 of the New York city civil court act, as amended by
4 chapter 373 of the laws of 1966, is amended to read as follows:
5 § 204. Summary proceedings. The court shall have jurisdiction over
6 summary proceedings to recover possession of real property located with-
7 in the city of New York, to remove tenants therefrom, and to render
8 judgment for rent due without regard to amount, and in such a proceeding
9 after the court has determined that a warrant of eviction be issued, it
10 shall not be necessary for the court to sign the warrant, but it may be
11 signed by the clerk of said court. The court shall also have jurisdic-
12 tion over special proceedings by tenants of multiple dwellings in the
13 city of New York for judgment directing deposit of rents and the use
14 thereof for the purpose of remedying conditions dangerous to life,
15 health or safety, as authorized by article seven-a of the real property
16 actions and proceedings law. Except as otherwise prohibited pursuant to
17 subdivision three of section seven hundred ninety-seven of the real
18 property actions and proceedings law, the court shall have jurisdiction
19 of summary proceedings commenced under article seven-C of the real prop-
20 erty actions and proceedings law relating to real property located in
21 whole or in part within the city of New York, and render relief author-
22 ized therein.
23 § 7. This act shall take effect on the one hundred eightieth day after
24 it shall have become a law.
