Establishes a separate part of the housing part of the New York City Civil Court to be devoted to cases by and against two-family or three-family homeowners.
STATE OF NEW YORK
________________________________________________________________________
5387
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. MAISEL, MILLMAN, ROBINSON, PHEFFER -- Multi-Spon-
sored by -- M. of A. ABBATE, GABRYSZAK, HIKIND -- read once and
referred to the Committee on Judiciary
AN ACT to amend the New York city civil court act, in relation to estab-
lishing a separate private dwelling calendar part for cases brought by
or against two-family or three-family homeowners in the housing part
of the court
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 110 of the New York city civil court act is amended
2 by adding a new subdivision (q) to read as follows:
3 (q) (1) As used in this section, a "private dwelling" shall mean and
4 include any building or structure designed and occupied exclusively for
5 residence purposes by two families, which shall be referred to as a
6 two-family private dwelling, or by three families, which shall be
7 referred to as a three-family private dwelling. Private dwellings shall
8 also be deemed to include a series of two-family or three-family dwell-
9 ing units each of which faces or is accessible to a legal street or
10 public thoroughfare provided that each such dwelling unit is equipped as
11 a separate dwelling unit with all essential services, and also provided
12 that each such unit is arranged so that it may be approved as a legal
13 two-family or three-family dwelling.
14 (2) There is hereby established a separate part within the housing
15 part for the hearing of any action or proceeding otherwise within the
16 jurisdiction of the housing part which is brought by or against any
17 owner of a "private dwelling", as defined in paragraph one of this
18 subdivision.
19 (3) The administrative judge shall assign judges to the part estab-
20 lished in paragraph two of this subdivision who are by knowledge, train-
21 ing and experience familiar with the laws and regulations that partic-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07215-01-9
A. 5387 2
1 ularly affect "private dwellings", as defined in paragraph one of this
2 subdivision.
3 (4) The presiding justices of the appellate divisions of the supreme
4 court for the first and second departments may jointly adopt rules for
5 the efficacious administration of the requirements of this subdivision.
6 § 2. This act shall take effect on the one hundred twentieth day after
7 it shall have become a law.
