Bill Text: NY A01131 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts the Rochester housing court act to create a separate part of the court to be exclusively devoted to actions and proceedings involving the enforcement of all housing codes, pertaining to all real property situated within the city; makes related provisions.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2021-06-10 - substituted by s3280b [A01131 Detail]
Download: New_York-2021-A01131-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1131--A 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. BRONSON -- read once and referred to the Commit- tee on Judiciary -- reported and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to enacting the Rochester housing court act 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 "Rochester housing court act". 3 § 2. Definitions. As used in this act unless the context otherwise 4 requires, the following words and terms shall have the meaning ascribed 5 to them: 6 (a) "Housing codes" means all state and local laws for the establish- 7 ment and maintenance of housing standards, including but not limited to 8 the multiple residence law, real property law, real property actions and 9 proceedings law, real property tax law, and the housing and property 10 code, building code, zoning ordinance, and fire prevention code and 11 related ordinances of the city of Rochester. 12 (b) "City" means the city of Rochester. 13 § 3. Actions and proceedings permitted. Notwithstanding any other 14 provision of law, a separate part of the city court of Rochester shall 15 be exclusively devoted to actions and proceedings involving the enforce- 16 ment of all housing codes, pertaining to all real property situated 17 within the city as follows: 18 (a) Actions for the imposition and collection of criminal penalties, 19 and for the imposition and collection of civil penalties, for the 20 violation of any state or local laws involving the establishment and 21 maintenance of housing standards. 22 (b) Actions for the collection of costs, expenses and disbursements 23 incurred by the city of Rochester in the elimination or correction of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05164-04-1A. 1131--A 2 1 nuisance or other violation of any of the housing codes, or in the 2 removal or demolition of any dwelling pursuant to such housing codes. 3 (c) Actions and proceedings for the establishment, enforcement or 4 foreclosure of liens upon real property and upon the rents therefrom for 5 civil penalties, or for costs, expenses and disbursements incurred by 6 the city in the elimination or correction of a nuisance or other 7 violation of any of the housing codes or in the removal or demolition of 8 any building pursuant to such housing codes. 9 (d) Proceedings for the issuance of injunctions and restraining orders 10 or other orders for the enforcements of housing standards under any of 11 the housing codes. 12 (e) All summary proceedings to recover possession of residential prem- 13 ises to remove tenants therefrom, and to render judgment for rent due, 14 in which a tenant alleges a defense under section seven hundred fifty- 15 five of the real property actions and proceedings law, relating to stay 16 or proceedings or action for rent upon failure to make repairs, section 17 three hundred five-a of the multiple residence law, relating to the 18 abatement of rent in case of certain violations of any housing codes, 19 and section two hundred thirty-five-b of the real property law, relating 20 to a landlord's duty to maintain habitable premises, or any other law 21 involving housing code enforcement. The administrative judge of Roches- 22 ter city court may, in his or her discretion, empower the housing part 23 to hear all summary proceedings to recover possession of residential 24 premises, regardless of whether a tenant alleges a defense, at any time 25 when he or she feels that housing part is capable of handling all such 26 summary proceedings. 27 (f) Proceedings for the appointment of a receiver of rents, issues and 28 profits of buildings in order to remove or remedy a nuisance or to make 29 repairs required to be made under such housing codes. 30 (g) Actions and proceedings for the removal of housing violations 31 recorded pursuant to such housing codes, or for the imposition of such 32 violation or for the stay of any penalty thereunder. 33 (h) Special proceedings to convey title in the city to abandoned 34 dwellings pursuant to article 19-A of the real property actions and 35 proceedings law. 36 (i) Civil cases pursuant to section seven hundred sixty-eight of the 37 real property actions and proceedings law. 38 Nothing in this section shall limit in any manner the jurisdiction or 39 authority of the municipal code violations bureau of the city of Roches- 40 ter as set forth in chapter 13A of the municipal code of the city of 41 Rochester. 42 § 4. Consolidation. On the application of any city department, any 43 party or on its own motion, the housing part shall, unless good cause is 44 shown to the contrary, consolidate all actions and proceedings pending 45 in such part as to any building. 46 § 5. Relief permitted. Regardless of the relief originally sought by a 47 party, the court may recommend or employ any remedy, program, procedure 48 or sanction authorized by law for the enforcement of housing standards, 49 if it believes they will be more effective to accomplish compliance or 50 to protect and promote the public interest; provided in the event any 51 such proposed remedy would require an expenditure by the city, such 52 remedy shall be subject to appropriation by city council and shall not 53 bind the city absent such appropriation. Any expenditure made by the 54 city shall be incorporated by the court into any judgment rendered in 55 the proceeding and shall be enforceable against the property owner.A. 1131--A 3 1 § 6. Joinder. In any of the actions or proceedings specified in 2 section three of this act and on the application of any party, any city 3 department or the court, on its own motion, may join any other person or 4 city department as a party in order to effectuate proper housing mainte- 5 nance standards and to promote the public interest. 6 § 7. Judge; rules of evidence. Actions and proceedings before the 7 housing part shall be tried before the housing part judge, who shall be 8 assigned to the housing part by the administrative judge of the city 9 court. Rules of evidence shall be applicable in actions and proceedings 10 before the housing part. 11 § 8. Advisory council; appointment. An advisory council for the hous- 12 ing part shall be established, and it shall be composed of two members 13 representative of each of the following: the real estate industry, 14 tenants' organizations, landlords' organizations, civil legal service 15 providers, and the city of Rochester. Such members shall be appointed by 16 the administrative judge of the city court, with the approval of the 17 presiding justices of the fourth department. The members of the advisory 18 council shall be appointed for a renewable term of three years provided 19 that one of the initial members of each classification of membership 20 shall serve for two years, such classes to be determined by the adminis- 21 trative judge. In addition, the mayor of the city and the city official 22 in charge of housing programs shall each appoint one member to serve at 23 their pleasure. 24 § 9. Advisory council; reports. The advisory council shall meet at 25 least four times a year, and on such additional occasions as they may 26 require or as may be required by the administrative judge. Members shall 27 receive no compensation. Members shall visit housing part from time to 28 time to review the manner in which the part is functioning, and make 29 recommendations to the administrative judge and to the advisory council. 30 A report on the work of the court shall be prepared annually and submit- 31 ted to the administrative judge, the administrative board of the judi- 32 cial conference, the majority and minority leaders of the senate and 33 assembly, the governor and the mayor of the city, by January thirty- 34 first of each year. 35 § 10. Cross-index. The clerk of the court shall maintain a cross-index 36 of the names of all owners against which any action or proceeding has 37 been brought under section three of this act. The clerk shall also main- 38 tain a cross-index number system indicating by street address all 39 actions and proceedings brought under such section. 40 § 11. Service of summons. Where the manner of service prescribed for 41 actions and proceedings in this court includes delivery of the summons 42 to a person at the actual place of business of the person to be served, 43 such delivery may be made alternatively to a person of suitable age and 44 discretion at the address registered with the department charged with 45 the enforcement of local laws relating to housing maintenance, herein- 46 after referred to as the "registered address". Where the manner of 47 service prescribed for actions and proceedings in this court includes 48 affixing the summons to the door of the actual place of business of the 49 person to be served, the summons may, as an alternative, be posted in a 50 conspicuous place on the premises specified in the summons. Where the 51 manner of service for actions or proceedings in this court includes 52 mailing the summons to the person to be served at his or her last known 53 residence, the summons may, as an alternative, be mailed to the regis- 54 tered address. A copy of the summons with proof of service shall be 55 filed in the manner provided in section four hundred nine of the uniformA. 1131--A 4 1 city court act, except that such filing shall be made with the clerk of 2 housing part. 3 § 12. Jury trial. Nothing contained in this act shall in any way 4 affect the right of any party to trial by jury as heretofore provided by 5 law. 6 § 13. This act shall take effect on the sixtieth day after it shall 7 have become a law. Effective immediately, the office of court adminis- 8 tration shall promulgate rules and regulations necessary for the imple- 9 mentation of this act on its effective date.
