STATE OF NEW YORK
________________________________________________________________________
983
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. MAGNARELLI -- read once and referred to the
Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, 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 jurisdiction of proceedings under the tenant dignity and safe hous-
ing act; and to amend a chapter of the laws of 2022 enacting the
tenant dignity and safe housing act, as proposed in legislative bills
numbers S. 4594-B and A.354-B, in relation to the effectiveness there-
of
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Article 7-C of the real property actions and proceedings
2 law, as added by a chapter of the laws of 2022 enacting the tenant
3 dignity and safe housing act, as proposed in legislative bills numbers
4 S. 4594-B and A.354-B, is renumbered article 7-D.
5 § 2. Sections 797, 797-b and 797-c of the real property actions and
6 proceedings law, as added by a chapter of the laws of 2022 enacting the
7 tenant dignity and safe housing act, as proposed in legislative bills
8 numbers S. 4594-B and A.354-B, are amended to read as follows:
9 § 797. Jurisdiction; courts; venue. 1. Except as prohibited under
10 subdivision three of this section, a special proceeding for judgment
11 directing repairs of conditions and other relief in residential real
12 property constituting violation of applicable local and state housing
13 standards or section two hundred thirty-five-b of the real property law
14 may be maintained in a county court, justice court, district court, or
15 city court[, or civil court of the city of New York].
16 2. The place of trial of the special proceeding shall be within the
17 jurisdictional area of the court in which the residential real property
18 or a portion thereof is situated.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04012-01-3
A. 983 2
1 3. A special proceeding [for judgment directing repairs of conditions
2 and/or other relief in residential real property under] pursuant to this
3 article shall not be maintained [where such residential real property
4 located in the county] in any court within the counties of Nassau [or
5 the county of Suffolk, and shall not be maintained in any court in such
6 counties], Suffolk, Richmond, New York, Bronx, Kings or Queens.
7 § 797-b. Respondent. The following may be named as a respondent:
8 1. The person, corporation, limited liability company, general part-
9 nership, limited partnership, or any other entity holding title to the
10 real property or an ownership interest in the property.
11 2. The person or organization listed on any state or local residential
12 registration statement.
13 3. Anyone who [holds themselves out as landlord by such actions as
14 collecting rent, making repairs, signing leases, or other such conduct]
15 has a legal obligation to maintain the premises consistent with the
16 warranty of habitability: owner or owners of the freehold of the prem-
17 ises or lesser estate therein, mortgagee or vendee in possession, assig-
18 nee of rents, receiver, executor, trustee, lessee, agent, or any other
19 person, firm or corporation, directly or indirectly in control of a
20 dwelling, but not a receiver appointed pursuant to section three hundred
21 nine of the multiple dwelling law.
22 4. A public housing authority or a governmental body that owns or
23 manages the property.
24 § 797-c. Commencement; notice of petition; petition. 1. The proceeding
25 shall be commenced by the filing of a notice of petition and petition
26 with the clerk of the court. A notice of petition may be issued by an
27 attorney, judge, or clerk of the court.
28 2. The notice of petition shall specify the time and place of the
29 hearing on the petition and state that if the respondent shall fail to
30 appear at such time and place to interpose any defense, the respondent
31 may be precluded from asserting such defense.
32 3. The office of court administration shall promulgate [simple forms
33 that] instructional materials in which tenant-petitioners may [use] find
34 guidance on how to commence the special proceedings. Such instructional
35 materials shall be in plain, accessible language. Such instructional
36 materials shall be published in English, Spanish and in other languages
37 spoken by limited-English proficient individuals in any judicial
38 district as needed.
39 [4. Court clerks shall be charged with assisting petitioners to
40 complete and serve the notice of petition and petition to commence the
41 special proceeding.]
42 § 3. Subdivision 5 of section 797-e of the real property actions and
43 proceedings law, as added by a chapter of the laws of 2022 enacting the
44 tenant dignity and safe housing act, as proposed in legislative bills
45 numbers S. 4594-B and A.354-B, is amended to read as follows:
46 5. In the alternative, personal service may be completed [by the court
47 clerk] on any natural person, partnership, corporation, or limited
48 liability company by mailing the notice of petition and petition by
49 certified and first-class mail to an address where local property tax
50 bills are sent. If the jurisdiction in which the court sits has a rental
51 registry requirement, service may be completed by mailing to the address
52 for the real property in the registry.
53 § 4. Section 797-j of the real property actions and proceedings law,
54 as added by a chapter of the laws of 2022 enacting the tenant dignity
55 and safe housing act, as proposed in legislative bills numbers S. 4594-B
56 and A.354-B, is amended to read as follows:
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1 § 797-j. Judgment. 1. The court shall direct that final judgment be
2 entered determining the rights of the parties.
3 2. The judgment may include:
4 a. An order to repair conditions constituting violation of applicable
5 local and state housing standards or section two hundred thirty-five-b
6 of the real property law; and
7 b. [A monetary judgment in favor of the petitioner for the diminished
8 value of the real property resulting from violation of applicable local
9 and state housing standards or section two hundred thirty-five-b of the
10 real property law;
11 c. A reduction in future rent for the diminished value of the real
12 property resulting from violation of applicable local and state housing
13 standards or section two hundred thirty-five-b of the real property law
14 until such time that, to the court's satisfaction, the violation has
15 been cured; and
16 d.] Any other relief that the court may deem just.
17 § 5. Section 204 of the uniform city court act, as amended by a chap-
18 ter of the laws of 2022 enacting the tenant dignity and safe housing
19 act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is
20 amended to read as 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] seven-D of the real prop-
29 erty actions and proceedings law relating to real property located in
30 whole or in part within the city, and render relief authorized therein.
31 § 6. Section 204 of the uniform district court act, as amended by a
32 chapter of the laws of 2022 enacting the tenant dignity and safe housing
33 act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is
34 amended to read 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] seven-D of the real property actions and proceedings law
44 relating to real property located in whole or in part within the
45 district, and render relief authorized therein.
46 § 7. Section 204 of the uniform justice court act, as amended by a
47 chapter of the laws of 2022 enacting the tenant dignity and safe housing
48 act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is
49 amended to read as follows:
50 § 204. Summary proceedings.
51 The court shall have jurisdiction of summary proceedings to recover
52 possession of real property located in whole or in part within the city,
53 to remove tenants therefrom, and to render judgment for rent due without
54 regard to amount. Except as otherwise prohibited pursuant to subdivision
55 three of section seven hundred ninety-seven of the real property actions
56 and proceedings law, the court shall have jurisdiction of summary
A. 983 4
1 proceedings commenced under article [seven-C] seven-D of the real prop-
2 erty actions and proceedings law relating to real property located in
3 whole or in part within the city, and render relief authorized therein.
4 § 8. Section 204 of the New York city civil court act, as amended by a
5 chapter of the laws of 2022 enacting the tenant dignity and safe housing
6 act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is
7 amended to read as follows:
8 § 204. Summary proceedings. The court shall have jurisdiction over
9 summary proceedings to recover possession of real property located with-
10 in the city of New York, to remove tenants therefrom, and to render
11 judgment for rent due without regard to amount, and in such a proceeding
12 after the court has determined that a warrant of eviction be issued, it
13 shall not be necessary for the court to sign the warrant, but it may be
14 signed by the clerk of said court. The court shall also have jurisdic-
15 tion over special proceedings by tenants of multiple dwellings in the
16 city of New York for judgment directing deposit of rents and the use
17 thereof for the purpose of remedying conditions dangerous to life,
18 health or safety, as authorized by article seven-a of the real property
19 actions and proceedings law. [Except as otherwise prohibited pursuant to
20 subdivision three of section seven hundred ninety-seven of the real
21 property actions and proceedings law, the court shall have jurisdiction
22 of summary proceedings commenced under article seven-C of the real prop-
23 erty actions and proceedings law relating to real property located in
24 whole or in part within the city of New York, and render relief author-
25 ized therein.]
26 § 9. Section 7 of a chapter of the laws of 2022 enacting the tenant
27 dignity and safe housing act, as proposed in legislative bills numbers
28 S. 4594-b and A.354-B, is amended to read as follows:
29 § 7. This act shall take effect [on the one hundred eightieth day] one
30 year after it shall have become a law.
31 § 10. This act shall take effect immediately; provided that sections
32 one through eight of this act shall take effect on the same date and in
33 the same manner as a chapter of the laws of 2022 enacting the tenant
34 dignity and safe housing act, as proposed in legislative bills numbers
35 S. 4594-B and A.354-B, take effect.