Bill Text: NY A11138 | 2019-2020 | General Assembly | Introduced


Bill Title: 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 and justice courts; provides remedies; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-11-06 - referred to judiciary [A11138 Detail]

Download: New_York-2019-A11138-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          11138

                   IN ASSEMBLY

                                    November 6, 2020
                                       ___________

        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli)
          -- read once and referred to the Committee on Judiciary

        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, and the uniform justice 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. The real property actions and proceedings law is amended by
     2  adding a new article 7-C to read as follows:
     3                                 ARTICLE 7-C
     4      SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF
     5    CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING
     6      VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL
     7            PROPERTY LAW § 235-b AND ANY OTHER APPROPRIATE RELIEF
     8  Section 797.   Jurisdiction; courts; venue.
     9          797-a. Person who may maintain proceeding.
    10          797-b. Respondent.
    11          797-c. Commencement; notice of petition; petition.
    12          797-d. Time of service; order to show cause.
    13          797-e. Manner of service of notice  of  petition  and  petition;
    14                   when service complete.
    15          797-f. Contents of the petition.
    16          797-g. Notice to local housing standard enforcement agency.
    17          797-h. Answer.
    18          797-i. Trial.
    19          797-j. Judgment.
    20    §  797. Jurisdiction; courts; venue. 1. A special proceeding for judg-
    21  ment directing repairs of conditions and  other  relief  in  residential
    22  real property constituting violation of applicable local and state hous-
    23  ing  standards or section two hundred thirty-five-b of the real property

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15619-01-0

        A. 11138                            2

     1  law may be maintained in a county court, justice court, district  court,
     2  or city court.
     3    2.  The  place  of trial of the special proceeding shall be within the
     4  jurisdictional area of the court in which the residential real  property
     5  or a portion thereof is situated.
     6    §  797-a. Person who may maintain proceeding. 1. The proceeding may be
     7  maintained by any party, known herein as a tenant, who is an occupant of
     8  residential real property for thirty consecutive days or longer under an
     9  agreement not created by deed.
    10    2. The proceeding may be maintained by one or more tenants of a  resi-
    11  dential property.
    12    § 797-b. Respondent. The following may be named as a respondent:
    13    1.  The  person, corporation, limited liability company, general part-
    14  nership, limited partnership, or any other entity holding title  to  the
    15  real property.
    16    2. The person or organization listed on any state or local residential
    17  registration statement.
    18    3.  Anyone  who  holds  themselves  out as landlord by such actions as
    19  collecting rent, making repairs, signing leases, or other such conduct.
    20    4. A public housing authority or a  governmental  body  that  owns  or
    21  manages the property.
    22    § 797-c. Commencement; notice of petition; petition. 1. The proceeding
    23  shall  be  commenced  by the filing of a notice of petition and petition
    24  with the clerk of the court. A notice of petition may be  issued  by  an
    25  attorney, judge, or clerk of the court.
    26    2.  The  notice  of  petition  shall specify the time and place of the
    27  hearing on the petition and state that if the respondent shall  fail  to
    28  appear  at  such time and place to interpose any defense, the respondent
    29  may be precluded from asserting such defense.
    30    3. The office of court administration shall  promulgate  simple  forms
    31  that tenant-petitioners may use to commence the special proceedings.
    32    4.  Court  clerks  shall  be  charged  with  assisting  petitioners to
    33  complete and serve the notice of petition and petition to  commence  the
    34  special proceeding.
    35    §  797-d. Time of service; order to show cause. 1. The notice of peti-
    36  tion and petition shall be served at least ten and not more than  seven-
    37  teen days before the time at which the petition is to be heard.
    38    2.  The court may grant an order to show cause to be served in lieu of
    39  a notice of petition at a time and in a manner specified therein.
    40    § 797-e. Manner of service of notice of petition  and  petition;  when
    41  service  complete.  1.  Personal  service  upon  a natural person may be
    42  completed in the manner in which a summons is served under section three
    43  hundred eight of the civil practice law and rules.
    44    2. Personal service upon a partnership may be completed in a manner in
    45  which a summons is served under  sections  three  hundred  eight,  three
    46  hundred ten or three hundred ten-a of the civil practice law and rules.
    47    3.  Personal  service on a corporation may be completed in a manner in
    48  which a summons is served under section  three  hundred  eleven  of  the
    49  civil practice law and rules.
    50    4.  Personal service upon a limited liability company may be completed
    51  in a manner in which a summons is served  under  section  three  hundred
    52  eleven-a of the civil practice law and rules.
    53    5.  In the alternative, personal service may be completed by the court
    54  clerk on  any  natural  person,  partnership,  corporation,  or  limited
    55  liability  company  by  mailing  the  notice of petition and petition by
    56  certified and first-class mail to an address where  local  property  tax

        A. 11138                            3

     1  bills are sent. If the jurisdiction in which the court sits has a rental
     2  registry requirement, service may be completed by mailing to the address
     3  for the real property in the registry.
     4    6.  Proof of service shall be filed with the clerk of the court within
     5  three days thereafter. Personal  service  on  the  respondent  shall  be
     6  complete upon personal delivery. Any authorized mail service pursuant to
     7  this subdivision shall be complete upon the filing of proof of service.
     8    §  797-f.  Contents of the petition. 1. The petition shall be verified
     9  by the person authorized to maintain the proceeding under section  seven
    10  hundred  ninety-seven-a  of  this  article or by a legal representative,
    11  attorney, or agent of such person pursuant to rule three hundred  twenty
    12  of  the  civil  practice  law and rules. The attorney of such person may
    13  verify upon information and belief.
    14    2. Every petition shall:
    15    a. State the interest of the petitioner  in  the  premises  for  which
    16  relief under this article is sought;
    17    b. Describe the premises that is the subject of the petition;
    18    c. State the facts upon which the special proceeding is based, includ-
    19  ing those conditions constituting violation of applicable state or local
    20  housing standards or section two hundred thirty-five-b of the real prop-
    21  erty law; and
    22    d.  State  the  relief  sought.  Such  relief  may include an order to
    23  repair, a monetary judgment in favor of petitioner for diminished  value
    24  of  real  property,  and  an order reducing future rent until violations
    25  have been cured.
    26    § 797-g. Notice to local  housing  standard  enforcement  agency.  The
    27  clerk of the court shall mail a copy of the filed notice of petition and
    28  petition  to  the  appropriate  government agency charged with enforcing
    29  local or state housing standards within the court's jurisdiction.
    30    § 797-h. Answer. At or prior to the time the petition is to  be  heard
    31  the  respondent  may  answer orally or in writing. If the answer is oral
    32  the substance thereof shall be recorded by the clerk or, if a particular
    33  court has no clerk, by the presiding judge or justice of such court, and
    34  maintained in the case record. The answer may contain any legal or equi-
    35  table defense.
    36    § 797-i. Trial. Where triable issues of fact are raised, they shall be
    37  tried by the court unless, at the time the petition  is  noticed  to  be
    38  heard,  a party demands a trial by jury, in which case trial shall be by
    39  jury. At the time when issue is joined, the court,  at  the  request  of
    40  either  party  shall adjourn the trial of the issue, not less than four-
    41  teen days, except by consent of all parties. A party's second or  subse-
    42  quent  request  for  adjournment  shall  be  granted in the court's sole
    43  discretion.
    44    § 797-j. Judgment. 1. The court shall direct that  final  judgment  be
    45  entered determining the rights of the parties.
    46    2. The judgment may include:
    47    a.  An order to repair conditions constituting violation of applicable
    48  local and state housing standards or section two  hundred  thirty-five-b
    49  of the real property law;
    50    b.  A  monetary judgment in favor of the petitioner for the diminished
    51  value of the real property resulting from violation of applicable  local
    52  and  state housing standards or section two hundred thirty-five-b of the
    53  real property law;
    54    c. A reduction in future rent for the diminished  value  of  the  real
    55  property  resulting from violation of applicable local and state housing
    56  standards or section two hundred thirty-five-b of the real property  law

        A. 11138                            4

     1  until  such  time  that,  to the court's satisfaction, the violation has
     2  been cured; and
     3    d. Any other relief that the court may deem just.
     4    §  2.  Section 204 of the uniform city court act is amended to read as
     5  follows:
     6  § 204. Summary proceedings.
     7    The court shall have jurisdiction of summary  proceedings  to  recover
     8  possession of real property located in whole or in part within the city,
     9  to remove tenants therefrom, and to render judgment for rent due without
    10  regard   to  amount.  The  court  shall  have  jurisdiction  of  summary
    11  proceedings commenced under article seven-C of the real property actions
    12  and proceedings law relating to real property located  in  whole  or  in
    13  part within the city, and render relief authorized therein.
    14    §  3. Section 204 of the uniform district court act is amended to read
    15  as follows:
    16  § 204. Summary proceedings.
    17    The court shall have jurisdiction of summary  proceedings  to  recover
    18  possession  of  real  property  located  in  whole  or  in part within a
    19  district of the court in the county, to remove tenants therefrom, and to
    20  render judgment for rent due without regard to amount. The  court  shall
    21  have jurisdiction of summary proceedings commenced under article seven-C
    22  of  the real property actions and proceedings law relating to real prop-
    23  erty located in whole or in part within the district, and render  relief
    24  authorized therein.
    25    §  4.  Section 204 of the uniform justice court act is amended to read
    26  as follows:
    27  § 204. Summary proceedings.
    28    The court shall have jurisdiction of summary  proceedings  to  recover
    29  possession of real property located in whole or in part within the muni-
    30  cipality,  to  remove tenants therefrom, and to render judgment for rent
    31  due without regard to amount.  The  court  shall  have  jurisdiction  of
    32  summary proceedings commenced under article seven-C of the real property
    33  actions  and  proceedings law relating to real property located in whole
    34  or in part within the municipality, and render relief authorized  there-
    35  in.
    36    § 5. This act shall take effect on the one hundred eightieth day after
    37  it shall have become a law.
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