Bill Text: NY S01332 | 2023-2024 | General Assembly | Introduced

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Bill Title: Amends the tenant dignity and safe housing act relating to special proceedings for judgment directing repairs of conditions and other relief in residential real property to limit jurisdiction; provides that proceedings may be maintained against any respondent with a legal obligation to maintain the property.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-08 - SUBSTITUTED BY A983 [S01332 Detail]

Download: New_York-2023-S01332-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1332

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        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
        S. 1332                             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:
        S. 1332                             3

     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
        S. 1332                             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.