Bill Text: NY A00354 | 2021-2022 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Engrossed - Dead) 2022-06-03 - substituted by s4594b [A00354 Detail]
Download: New_York-2021-A00354-Amended.html
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. LBD05317-07-2A. 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 ofA. 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 inA. 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.