Requires tenants in housing court proceedings be given information pertaining to their rights including that only a judge may issue a warrant to evict them; requires that they should assert any defense or counterclaim in their answer and that they have a right to have the premises inspected to confirm any claim of dangerous or unhealthy conditions and that they may have a right to withhold rent for failure to make repairs and that OCA sells information to residential tenant screening companies.
STATE OF NEW YORK
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1129
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
___________
Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the New York city civil court act, in relation to
requiring the housing court to provide certain information to tenants
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) The petitioner shall include in bold print at the end of the peti-
4 tion the following notice of information to the respondent:
5 (1) Clerks of the housing court cannot determine the validity of
6 cases.
7 (2) Respondent has a right to trial.
8 (3) The tenant may at any time go to a pro se clerk for information
9 regarding housing court procedure and assistance in filing court papers.
10 (4) The tenant should assert any defense, including, but not limited
11 to, lack of necessary repairs and may assert any counterclaim or claim
12 for offset against rent in his or her answer.
13 (5) The tenant may, but does not have to, request the housing, preser-
14 vation and development office to inspect the premises to confirm any
15 claim of dangerous or unhealthy conditions which the tenant believes may
16 affect the amount of rent due.
17 (6) The office of court administration sells information to residen-
18 tial tenant screening companies, which results in the tenant's name
19 appearing on nationwide reports sold by these companies to prospective
20 landlords. This may result in a tenant being blacklisted and having
21 difficulties getting another apartment. Information from housing court
22 cases may also be obtained by the major credit reporting companies which
23 may affect a tenant's credit score.
24 (7) Legal fees, late fees and any other fees may only be imposed after
25 a trial by a housing judge if they are established in a written lease
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06079-01-9
S. 1129 2
1 and they are not considered part of any rent due unless the lease
2 expressly establishes them as such.
3 (8) Only a housing judge may issue a warrant to evict a tenant and
4 only a marshal or sheriff is authorized to use force to execute a
5 warrant. The landlord and tenant may agree to terminate the tenancy
6 prior to the issuance or service of a warrant, but no one may compel a
7 tenant without his or her consent to abandon the tenancy.
8 § 2. This act shall take effect on the one hundred eightieth day after
9 it shall have become a law.
