Bill Text: NY S04594 | 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 14-0)
Status: (Passed) 2022-12-30 - APPROVAL MEMO.103 [S04594 Detail]
Download: New_York-2021-S04594-Amended.html
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. LBD05317-06-2S. 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 beS. 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.
