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S04594 Summary:

S04594 Actions:

S04594 Committee Votes:

S04594 Floor Votes:

S04594 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4594--B
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 5, 2021
                                       ___________
 
        Introduced  by  Sens.  MAY,  BROUK,  COONEY,  HINCHEY, HOYLMAN, JACKSON,
          KRUEGER, MANNION, MAYER, MYRIE, RAMOS, RIVERA, SALAZAR,  SEPULVEDA  --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Judiciary  --  committee  discharged,  bill  amended,
          ordered  reprinted  as  amended  and  recommitted to said committee --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        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.
    15          797-e. Manner  of  service  of  notice of petition and petition;
    16                   when service complete.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05317-06-2
        S. 4594--B                          2
 
     1          797-f. Contents of the petition.
     2          797-g. Notice to local housing standard enforcement agency.
     3          797-h. Answer.
     4          797-i. Trial.
     5          797-j. Judgment.
     6    §  797.  Jurisdiction;  courts;  venue.  1. Except as prohibited under
     7  subdivision three of this section, a  special  proceeding  for  judgment
     8  directing  repairs  of  conditions  and other relief in residential real
     9  property constituting violation of applicable local  and  state  housing
    10  standards  or section two hundred thirty-five-b of the real property law
    11  may be maintained in a county court, justice court, district court, city
    12  court, or civil court of the city of New York.
    13    2. The place of trial of the special proceeding shall  be  within  the
    14  jurisdictional  area of the court in which the residential real property
    15  or a portion thereof is situated.
    16    3. A special proceeding for judgment directing repairs  of  conditions
    17  and/or  other  relief  in  residential  real property under this article
    18  shall not be maintained where such residential real property located  in
    19  the  county  of  Nassau or the county of Suffolk, and shall not be main-
    20  tained in any court in such counties.
    21    § 797-a. Person who may maintain proceeding. 1. The proceeding may  be
    22  maintained by any party, known herein as a tenant, who is an occupant of
    23  residential real property for thirty consecutive days or longer under an
    24  agreement not created by deed.
    25    2.  The proceeding may be maintained by one or more tenants of a resi-
    26  dential property.
    27    § 797-b. Respondent. The following may be named as a respondent:
    28    1. The person, corporation, limited liability company,  general  part-
    29  nership,  limited  partnership, or any other entity holding title to the
    30  real property.
    31    2. The person or organization listed on any state or local residential
    32  registration statement.
    33    3. Anyone who holds themselves out as  landlord  by  such  actions  as
    34  collecting rent, making repairs, signing leases, or other such conduct.
    35    4.  A  public  housing  authority  or a governmental body that owns or
    36  manages the property.
    37    § 797-c. Commencement; notice of petition; petition. 1. The proceeding
    38  shall be commenced by the filing of a notice of  petition  and  petition
    39  with  the  clerk  of the court. A notice of petition may be issued by an
    40  attorney, judge, or clerk of the court.
    41    2. The notice of petition shall specify the  time  and  place  of  the
    42  hearing  on  the petition and state that if the respondent shall fail to
    43  appear at such time and place to interpose any defense,  the  respondent
    44  may be precluded from asserting such defense.
    45    3.  The  office  of court administration shall promulgate simple forms
    46  that tenant-petitioners may use to commence the special proceedings.
    47    4. Court  clerks  shall  be  charged  with  assisting  petitioners  to
    48  complete  and  serve the notice of petition and petition to commence the
    49  special proceeding.
    50    § 797-d. Time of service; order to show cause. 1. The notice of  peti-
    51  tion  and petition shall be served at least ten and not more than seven-
    52  teen days before the time at which the petition is to be heard.
    53    2. The court may grant an order to show cause to be served in lieu  of
    54  a notice of petition at a time and in a manner specified therein.
    55    §  797-e.  Manner  of service of notice of petition and petition; when
    56  service complete. 1. Personal service  upon  a  natural  person  may  be
        S. 4594--B                          3
 
     1  completed in the manner in which a summons is served under section three
     2  hundred eight of the civil practice law and rules.
     3    2. Personal service upon a partnership may be completed in a manner in
     4  which  a  summons  is  served  under sections three hundred eight, three
     5  hundred ten or three hundred ten-a of the civil practice law and rules.
     6    3. Personal service on a corporation may be completed in a  manner  in
     7  which  a  summons  is  served  under section three hundred eleven of the
     8  civil practice law and rules.
     9    4. Personal service upon a limited liability company may be  completed
    10  in  a  manner  in  which a summons is served under section three hundred
    11  eleven-a of the civil practice law and rules.
    12    5. In the alternative, personal service may be completed by the  court
    13  clerk  on  any  natural  person,  partnership,  corporation,  or limited
    14  liability company by mailing the notice  of  petition  and  petition  by
    15  certified  and  first-class  mail to an address where local property tax
    16  bills are sent. If the jurisdiction in which the court sits has a rental
    17  registry requirement, service may be completed by mailing to the address
    18  for the real property in the registry.
    19    6. Proof of service shall be filed with the clerk of the court  within
    20  three  days  thereafter.  Personal  service  on  the respondent shall be
    21  complete upon personal delivery. Any authorized mail service pursuant to
    22  this subdivision shall be complete upon the filing of proof of service.
    23    § 797-f. Contents of the petition. 1. The petition shall  be  verified
    24  by  the person authorized to maintain the proceeding under section seven
    25  hundred ninety-seven-a of this article or  by  a  legal  representative,
    26  attorney,  or agent of such person pursuant to rule three hundred twenty
    27  of the civil practice law and rules. The attorney  of  such  person  may
    28  verify upon information and belief.
    29    2. Every petition shall:
    30    a.  State  the  interest  of  the petitioner in the premises for which
    31  relief under this article is sought;
    32    b. Describe the premises that is the subject of the petition;
    33    c. State the facts upon which the special proceeding is based, includ-
    34  ing those conditions constituting violation of applicable state or local
    35  housing standards or section two hundred thirty-five-b of the real prop-
    36  erty law; and
    37    d. State the relief sought.  Such  relief  may  include  an  order  to
    38  repair,  a monetary judgment in favor of petitioner for diminished value
    39  of real property, and an order reducing  future  rent  until  violations
    40  have been cured.
    41    §  797-g.  Notice  to  local  housing standard enforcement agency. The
    42  clerk of the court shall mail a copy of the filed notice of petition and
    43  petition to the appropriate government  agency  charged  with  enforcing
    44  local or state housing standards within the court's jurisdiction.
    45    §  797-h.  Answer. At or prior to the time the petition is to be heard
    46  the respondent may answer orally or in writing. If the  answer  is  oral
    47  the substance thereof shall be recorded by the clerk or, if a particular
    48  court has no clerk, by the presiding judge or justice of such court, and
    49  maintained in the case record. The answer may contain any legal or equi-
    50  table defense.
    51    § 797-i. Trial. Where triable issues of fact are raised, they shall be
    52  tried  by  the  court  unless, at the time the petition is noticed to be
    53  heard, a party demands a trial by jury, in which case trial shall be  by
    54  jury.  At  the  time  when issue is joined, the court, at the request of
    55  either party shall adjourn the trial of the issue, not less  than  four-
    56  teen  days, except by consent of all parties. A party's second or subse-
        S. 4594--B                          4
 
     1  quent request for adjournment shall  be  granted  in  the  court's  sole
     2  discretion.
     3    §  797-j.  Judgment.  1. The court shall direct that final judgment be
     4  entered determining the rights of the parties.
     5    2. The judgment may include:
     6    a. An order to repair conditions constituting violation of  applicable
     7  local  and  state housing standards or section two hundred thirty-five-b
     8  of the real property law;
     9    b. A monetary judgment in favor of the petitioner for  the  diminished
    10  value  of the real property resulting from violation of applicable local
    11  and state housing standards or section two hundred thirty-five-b of  the
    12  real property law;
    13    c.  A  reduction  in  future rent for the diminished value of the real
    14  property resulting from violation of applicable local and state  housing
    15  standards  or section two hundred thirty-five-b of the real property law
    16  until such time that, to the court's  satisfaction,  the  violation  has
    17  been cured; and
    18    d. Any other relief that the court may deem just.
    19    §  3.  Section 204 of the uniform city court act is amended to read as
    20  follows:
    21  § 204. Summary proceedings.
    22    The court shall have jurisdiction of summary  proceedings  to  recover
    23  possession of real property located in whole or in part within the city,
    24  to remove tenants therefrom, and to render judgment for rent due without
    25  regard to amount. Except as otherwise prohibited pursuant to subdivision
    26  three of section seven hundred ninety-seven of the real property actions
    27  and  proceedings  law,  the  court  shall  have  jurisdiction of summary
    28  proceedings commenced under article seven-C of the real property actions
    29  and proceedings law relating to real property located  in  whole  or  in
    30  part within the city, and render relief authorized therein.
    31    §  4. Section 204 of the uniform district court act is amended to read
    32  as follows:
    33  § 204. Summary proceedings.
    34    The court shall have jurisdiction of summary  proceedings  to  recover
    35  possession  of  real  property  located  in  whole  or  in part within a
    36  district of the court in the county, to remove tenants therefrom, and to
    37  render judgment for rent due without regard to amount. Except as  other-
    38  wise  prohibited  pursuant to subdivision three of section seven hundred
    39  ninety-seven of the real property actions and proceedings law, the court
    40  shall have jurisdiction of summary proceedings commenced  under  article
    41  seven-C  of  the  real  property actions and proceedings law relating to
    42  real property located in whole or  in  part  within  the  district,  and
    43  render relief authorized therein.
    44    §  5.  Section 204 of the uniform justice court act is amended to read
    45  as follows:
    46  § 204. Summary proceedings.
    47    The court shall have jurisdiction of summary  proceedings  to  recover
    48  possession of real property located in whole or in part within the muni-
    49  cipality,  to  remove tenants therefrom, and to render judgment for rent
    50  due without regard to amount. Except as otherwise prohibited pursuant to
    51  subdivision three of section seven  hundred  ninety-seven  of  the  real
    52  property  actions and proceedings law, the court shall have jurisdiction
    53  of summary proceedings commenced under article seven-C of the real prop-
    54  erty actions and proceedings law relating to real  property  located  in
    55  whole  or  in part within the municipality, and render relief authorized
    56  therein.
        S. 4594--B                          5

     1    § 6. Section 204 of the New York city civil court act, as  amended  by
     2  chapter 373 of the laws of 1966, is amended to read as follows:
     3    §  204.  Summary  proceedings.  The court shall have jurisdiction over
     4  summary proceedings to recover possession of real property located with-
     5  in the city of New York, to remove  tenants  therefrom,  and  to  render
     6  judgment for rent due without regard to amount, and in such a proceeding
     7  after  the court has determined that a warrant of eviction be issued, it
     8  shall not be necessary for the court to sign the warrant, but it may  be
     9  signed  by  the clerk of said court. The court shall also have jurisdic-
    10  tion over special proceedings by tenants of multiple  dwellings  in  the
    11  city  of  New  York  for judgment directing deposit of rents and the use
    12  thereof for the purpose  of  remedying  conditions  dangerous  to  life,
    13  health  or safety, as authorized by article seven-a of the real property
    14  actions and proceedings law. Except as otherwise prohibited pursuant  to
    15  subdivision  three  of  section  seven  hundred ninety-seven of the real
    16  property actions and proceedings law, the court shall have  jurisdiction
    17  of summary proceedings commenced under article seven-C of the real prop-
    18  erty  actions  and  proceedings law relating to real property located in
    19  whole or in part within the city of New York, and render relief  author-
    20  ized therein.
    21    § 7. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law.