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A00354 Summary:

A00354 Actions:

A00354 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/19/2021AYE/NAY:15/6  Action: Favorable refer to committee Codes        
Lavine
Aye
Montesano
Nay
Zebrowski
Aye
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Quart
Aye
Brown
Nay
Steck
Aye
Tannousis
Nay
Seawright
Aye
Joyner
Aye
Abinanti
Aye
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/25/2021AYE/NAY:16/6  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Aye
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye

Committee:RULES   Chair:Heastie      
DATE:06/01/2021AYE/NAY:22/8  Action: Favorable         
Heastie
Aye
Barclay
Nay
Gottfried
Aye
Hawley
Nay
Nolan
Excused
Giglio
Nay
Weinstein
Aye
Blankenbush
Nay
Pretlow
Aye
Norris
Nay
Cook
Aye
Montesano
Nay
Glick
Aye
Ra
Nay
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A00354 Floor Votes:

A00354 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A354B
 
SPONSOR: Magnarelli

 
TITLE OF BILL:
 
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
 
 
PURPOSE:
 
To create a simplified summary proceeding for tenants outside of New
York City to bring actions against landlords for habitability and hous-
ing code violations.
 
 
SUMMARY OF PROVISIONS:
 
Section 1: Titles this legislation, the "Tenant Dignity and Safe Housing
Act".
 
Section 2: Creates new Article 7-C of the Real Property Actions and
Proceedings Law to allow tenants to bring a summary proceeding in a
city, district, and/or justice court. This article lays out the juris-
diction and procedures of the action. It also requires the Office of
Court Administration to create simple forms petitioners may use to
initiate the action. It requires local agencies that enforce housing
standards receive a filed petition from the court.  Additionally, this
section outlines the types of relief the court may issue, including: an
order to make repairs, a monetary judgment, reduction in rent and an any
relief the court deems just.
 
Section 3: Amends Section 204 of the Uniform City Court Act to give City
Courts jurisdiction in these new summary proceedings.
 
Section 4: Amends Section 204 of the Uniform District Court Act to give
District Courts jurisdiction in these new summary proceedings.
 
Section 5: Amends Section 204 of the Uniform Justice Court Act to give
Justice Courts jurisdiction in these new summary proceedings.
 
Section 6: Establishes the effective date.
 
 
JUSTIFICATION:
 
Many tenants in New York continue to suffer at the hands of unscrupulous
landlords. These landlords continue to collect rent from tenants, many
low-income, despite a repeated history of health, safety and code
violations. Often, these tenants face retaliatory eviction when they
contact local authorities or complain about poor conditions.
 
In New York City, tenants have the ability to bring a simplified summary
proceeding against landlords. However, this is not the case outside of
New York City. Many tenants in other jurisdictions often cannot get in
front of a judge to be heard about unsafe conditions until an eviction
proceeding is brought against them. The bill would change this by creat-
ing a new proceeding under Article 7-C of the Real Property Actions and
Proceedings Law to allow tenants to bring a summary proceeding against a
landlord in a city, district, and/or justice court. The goal would be to
give tenants increased access to the courts to take action against a bad
landlord without fear of retaliatory action.
 
A tenant could file this action with a simple form and apply to the
court for relief: The bill features simplified procedures for serving of
process. It would also require the court to notify the appropriate local
agency that enforces housing standards. The purpose is to allow tenants
to bring these actions without the assistance of an attorney, if neces-
sary. The court will also have broad discretion to fashion relief.
 
Increasing access to the courts for tenants will help them and local
officials enforce claims against bad landlords for code, health and
safety violations. This will help more people to stay in their homes and
improve the rental housing stock across the State.
 
 
LEGISLATIVE HISTORY:
 
2020: A.11138
 
 
FISCAL IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
180 days after it becomes law.

A00354 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         354--B
                                                                 Cal. No. 25
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by M. of A. MAGNARELLI, SEAWRIGHT, ABINANTI, EPSTEIN, ANDER-
          SON, ENGLEBRIGHT, SIMON, GALEF, KELLES, BRONSON, CRUZ, CLARK, BARRETT,
          MEEKS, JACOBSON, MITAYNES, FAHY --  read  once  and  referred  to  the
          Committee  on Judiciary -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee -- ordered to a
          third reading -- passed by  Assembly  and  delivered  to  the  Senate,
          recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
          reprinted, retaining its place on the order of third reading
 
        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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05317-07-2
        A. 354--B                           2
 
     1          797-e. Manner of service of notice  of  petition  and  petition;
     2                   when service complete.
     3          797-f. Contents of the petition.
     4          797-g. Notice to local housing standard enforcement agency.
     5          797-h. Answer.
     6          797-i. Trial.
     7          797-j. Judgment.
     8    §  797.  Jurisdiction;  courts;  venue.  1. Except as prohibited under
     9  subdivision three of this section, a  special  proceeding  for  judgment
    10  directing  repairs  of  conditions  and other relief in residential real
    11  property constituting violation of applicable local  and  state  housing
    12  standards  or section two hundred thirty-five-b of the real property law
    13  may be maintained in a county court, justice court, district court, city
    14  court, or civil court of the city of New York.
    15    2. The place of trial of the special proceeding shall  be  within  the
    16  jurisdictional  area of the court in which the residential real property
    17  or a portion thereof is situated.
    18    3. A special proceeding for judgment directing repairs  of  conditions
    19  and/or  other  relief  in  residential  real property under this article
    20  shall not be maintained where such residential real property located  in
    21  the  county  of  Nassau or the county of Suffolk, and shall not be main-
    22  tained in any court in such counties.
    23    § 797-a. Person who may maintain proceeding. 1. The proceeding may  be
    24  maintained by any party, known herein as a tenant, who is an occupant of
    25  residential real property for thirty consecutive days or longer under an
    26  agreement not created by deed.
    27    2.  The proceeding may be maintained by one or more tenants of a resi-
    28  dential property.
    29    § 797-b. Respondent. The following may be named as a respondent:
    30    1. The person, corporation, limited liability company,  general  part-
    31  nership,  limited  partnership, or any other entity holding title to the
    32  real property.
    33    2. The person or organization listed on any state or local residential
    34  registration statement.
    35    3. Anyone who holds themselves out as  landlord  by  such  actions  as
    36  collecting rent, making repairs, signing leases, or other such conduct.
    37    4.  A  public  housing  authority  or a governmental body that owns or
    38  manages the property.
    39    § 797-c. Commencement; notice of petition; petition. 1. The proceeding
    40  shall be commenced by the filing of a notice of  petition  and  petition
    41  with  the  clerk  of the court. A notice of petition may be issued by an
    42  attorney, judge, or clerk of the court.
    43    2. The notice of petition shall specify the  time  and  place  of  the
    44  hearing  on  the petition and state that if the respondent shall fail to
    45  appear at such time and place to interpose any defense,  the  respondent
    46  may be precluded from asserting such defense.
    47    3.  The  office  of court administration shall promulgate simple forms
    48  that tenant-petitioners may use to commence the special proceedings.
    49    4. Court  clerks  shall  be  charged  with  assisting  petitioners  to
    50  complete  and  serve the notice of petition and petition to commence the
    51  special proceeding.
    52    § 797-d. Time of service; order to show cause. 1. The notice of  peti-
    53  tion  and petition shall be served at least ten and not more than seven-
    54  teen days before the time at which the petition is to be heard.
    55    2. The court may grant an order to show cause to be served in lieu  of
    56  a notice of petition at a time and in a manner specified therein.
        A. 354--B                           3
 
     1    §  797-e.  Manner  of service of notice of petition and petition; when
     2  service complete. 1. Personal service  upon  a  natural  person  may  be
     3  completed in the manner in which a summons is served under section three
     4  hundred eight of the civil practice law and rules.
     5    2. Personal service upon a partnership may be completed in a manner in
     6  which  a  summons  is  served  under sections three hundred eight, three
     7  hundred ten or three hundred ten-a of the civil practice law and rules.
     8    3. Personal service on a corporation may be completed in a  manner  in
     9  which  a  summons  is  served  under section three hundred eleven of the
    10  civil practice law and rules.
    11    4. Personal service upon a limited liability company may be  completed
    12  in  a  manner  in  which a summons is served under section three hundred
    13  eleven-a of the civil practice law and rules.
    14    5. In the alternative, personal service may be completed by the  court
    15  clerk  on  any  natural  person,  partnership,  corporation,  or limited
    16  liability company by mailing the notice  of  petition  and  petition  by
    17  certified  and  first-class  mail to an address where local property tax
    18  bills are sent. If the jurisdiction in which the court sits has a rental
    19  registry requirement, service may be completed by mailing to the address
    20  for the real property in the registry.
    21    6. Proof of service shall be filed with the clerk of the court  within
    22  three  days  thereafter.  Personal  service  on  the respondent shall be
    23  complete upon personal delivery. Any authorized mail service pursuant to
    24  this subdivision shall be complete upon the filing of proof of service.
    25    § 797-f. Contents of the petition. 1. The petition shall  be  verified
    26  by  the person authorized to maintain the proceeding under section seven
    27  hundred ninety-seven-a of this article or  by  a  legal  representative,
    28  attorney,  or agent of such person pursuant to rule three hundred twenty
    29  of the civil practice law and rules. The attorney  of  such  person  may
    30  verify upon information and belief.
    31    2. Every petition shall:
    32    a.  State  the  interest  of  the petitioner in the premises for which
    33  relief under this article is sought;
    34    b. Describe the premises that is the subject of the petition;
    35    c. State the facts upon which the special proceeding is based, includ-
    36  ing those conditions constituting violation of applicable state or local
    37  housing standards or section two hundred thirty-five-b of the real prop-
    38  erty law; and
    39    d. State the relief sought.  Such  relief  may  include  an  order  to
    40  repair,  a monetary judgment in favor of petitioner for diminished value
    41  of real property, and an order reducing  future  rent  until  violations
    42  have been cured.
    43    §  797-g.  Notice  to  local  housing standard enforcement agency. The
    44  clerk of the court shall mail a copy of the filed notice of petition and
    45  petition to the appropriate government  agency  charged  with  enforcing
    46  local or state housing standards within the court's jurisdiction.
    47    §  797-h.  Answer. At or prior to the time the petition is to be heard
    48  the respondent may answer orally or in writing. If the  answer  is  oral
    49  the substance thereof shall be recorded by the clerk or, if a particular
    50  court has no clerk, by the presiding judge or justice of such court, and
    51  maintained in the case record. The answer may contain any legal or equi-
    52  table defense.
    53    § 797-i. Trial. Where triable issues of fact are raised, they shall be
    54  tried  by  the  court  unless, at the time the petition is noticed to be
    55  heard, a party demands a trial by jury, in which case trial shall be  by
    56  jury.  At  the  time  when issue is joined, the court, at the request of
        A. 354--B                           4
 
     1  either party shall adjourn the trial of the issue, not less  than  four-
     2  teen  days, except by consent of all parties. A party's second or subse-
     3  quent request for adjournment shall  be  granted  in  the  court's  sole
     4  discretion.
     5    §  797-j.  Judgment.  1. The court shall direct that final judgment be
     6  entered determining the rights of the parties.
     7    2. The judgment may include:
     8    a. An order to repair conditions constituting violation of  applicable
     9  local  and  state housing standards or section two hundred thirty-five-b
    10  of the real property law;
    11    b. A monetary judgment in favor of the petitioner for  the  diminished
    12  value  of the real property resulting from violation of applicable local
    13  and state housing standards or section two hundred thirty-five-b of  the
    14  real property law;
    15    c.  A  reduction  in  future rent for the diminished value of the real
    16  property resulting from violation of applicable local and state  housing
    17  standards  or section two hundred thirty-five-b of the real property law
    18  until such time that, to the court's  satisfaction,  the  violation  has
    19  been cured; and
    20    d. Any other relief that the court may deem just.
    21    §  3.  Section 204 of the uniform city court act is amended to read as
    22  follows:
    23  § 204. Summary proceedings.
    24    The court shall have jurisdiction of summary  proceedings  to  recover
    25  possession of real property located in whole or in part within the city,
    26  to remove tenants therefrom, and to render judgment for rent due without
    27  regard to amount. Except as otherwise prohibited pursuant to subdivision
    28  three of section seven hundred ninety-seven of the real property actions
    29  and  proceedings  law,  the  court  shall  have  jurisdiction of summary
    30  proceedings commenced under article seven-C of the real property actions
    31  and proceedings law relating to real property located  in  whole  or  in
    32  part within the city, and render relief authorized therein.
    33    §  4. Section 204 of the uniform district court act is amended to read
    34  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  of  the  real  property actions and proceedings law relating to
    44  real property located in whole or  in  part  within  the  district,  and
    45  render relief authorized therein.
    46    §  5.  Section 204 of the uniform justice court act is amended to read
    47  as follows:
    48  § 204. Summary proceedings.
    49    The court shall have jurisdiction of summary  proceedings  to  recover
    50  possession of real property located in whole or in part within the muni-
    51  cipality,  to  remove tenants therefrom, and to render judgment for rent
    52  due without regard to amount. Except as otherwise prohibited pursuant to
    53  subdivision three of section seven  hundred  ninety-seven  of  the  real
    54  property  actions and proceedings law, the court shall have jurisdiction
    55  of summary proceedings commenced under article seven-C of the real prop-
    56  erty actions and proceedings law relating to real  property  located  in
        A. 354--B                           5
 
     1  whole  or  in part within the municipality, and render relief authorized
     2  therein.
     3    §  6.  Section 204 of the New York city civil court act, as amended by
     4  chapter 373 of the laws of 1966, is amended to read as follows:
     5    § 204. Summary proceedings. The court  shall  have  jurisdiction  over
     6  summary proceedings to recover possession of real property located with-
     7  in  the  city  of  New  York, to remove tenants therefrom, and to render
     8  judgment for rent due without regard to amount, and in such a proceeding
     9  after the court has determined that a warrant of eviction be issued,  it
    10  shall  not be necessary for the court to sign the warrant, but it may be
    11  signed by the clerk of said court. The court shall also  have  jurisdic-
    12  tion  over  special  proceedings by tenants of multiple dwellings in the
    13  city of New York for judgment directing deposit of  rents  and  the  use
    14  thereof  for  the  purpose  of  remedying  conditions dangerous to life,
    15  health or safety, as authorized by article seven-a of the real  property
    16  actions  and proceedings law. Except as otherwise prohibited pursuant to
    17  subdivision three of section seven  hundred  ninety-seven  of  the  real
    18  property  actions and proceedings law, the court shall have jurisdiction
    19  of summary proceedings commenced under article seven-C of the real prop-
    20  erty actions and proceedings law relating to real  property  located  in
    21  whole  or in part within the city of New York, and render relief author-
    22  ized therein.
    23    § 7. This act shall take effect on the one hundred eightieth day after
    24  it shall have become a law.

A00354 LFIN:

 
NO LFIN

A00354 Chamber Video/Transcript: