A00983 Summary:
BILL NO | A00983 |
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SAME AS | SAME AS S01332 |
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SPONSOR | Magnarelli |
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COSPNSR | |
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MLTSPNSR | |
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Ren Art 7-C to be Art 7-D, amd §§797, 797-b, 797-c, 797-e & 797-j, RPAP L; amd §204, UCCA; amd §204, UDCA; amd §204, UJCA; amd §204, NYC Civ Ct Act; amd §7, Chap of 2022 (as proposed in S.4594-B & A.354-B) | |
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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. |
A00983 Actions:
BILL NO | A00983 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/11/2023 | referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2023 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2023 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2023 | rules report cal.35 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/18/2023 | ordered to third reading rules cal.35 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2023 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2023 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/30/2023 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
02/08/2023 | SUBSTITUTED FOR S1332 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/08/2023 | 3RD READING CAL.100 | |||||||||||||||||||||||||||||||||||||||||||||||||
02/08/2023 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
02/08/2023 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
03/03/2023 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
03/03/2023 | signed chap.36 |
A00983 Committee Votes:
Lavine | Aye | Tannousis | Nay | ||||||
Zebrowski | Aye | Norris | Nay | ||||||
Weprin | Aye | Walsh | Nay | ||||||
Braunstein | Aye | Byrnes | Nay | ||||||
Steck | Aye | Brown | Nay | ||||||
Seawright | Aye | Flood | Nay | ||||||
Joyner | Aye | ||||||||
Wallace | Aye | ||||||||
Walker | Aye | ||||||||
Cruz | Aye | ||||||||
McMahon | Aye | ||||||||
Mitaynes | Aye | ||||||||
Rajkumar | Aye | ||||||||
Simon | Aye | ||||||||
Sayegh | Aye | ||||||||
Heastie | Excused | Barclay | Nay | ||||||
Weinstein | Excused | Hawley | Nay | ||||||
Pretlow | Aye | Giglio | Nay | ||||||
Cook | Aye | Blankenbush | Nay | ||||||
Glick | Aye | Norris | Nay | ||||||
Aubry | Aye | Ra | Nay | ||||||
Dinowitz | Aye | Brabenec | Nay | ||||||
Colton | Aye | Palmesano | Nay | ||||||
Magnarelli | Aye | Reilly | Nay | ||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Braunstein | Aye | ||||||||
Dickens | Aye | ||||||||
Davila | Aye | ||||||||
Hyndman | Aye | ||||||||
Rozic | Aye | ||||||||
Bronson | Aye | ||||||||
Go to top
A00983 Floor Votes:
Yes
Alvarez
Yes
Carroll
No
Flood
Yes
Kim
No
Palmesano
No
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
No
Slater
No
Angelino
Yes
Chang
No
Friend
Yes
Lee
Yes
Peoples-Stokes
No
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
No
Lemondes
Yes
Pheffer Amato
No
Smullen
Yes
Aubry
Yes
Colton
No
Gallahan
Yes
Levenberg
No
Pirozzolo
Yes
Solages
ER
Barclay
ER
Conrad
No
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Steck
Yes
Barrett
Yes
Cook
Yes
Gibbs
Yes
Lunsford
No
Ra
Yes
Stern
No
Beephan
Yes
Cruz
No
Giglio JA
Yes
Lupardo
Yes
Raga
Yes
Stirpe
No
Bendett
Yes
Cunningham
No
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
No
Tague
Yes
Benedetto
No
Curran
Yes
Glick
No
Maher
Yes
Ramos
No
Tannousis
Yes
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
No
Reilly
Yes
Tapia
No
Blankenbush
ER
Davila
No
Goodell
No
Manktelow
Yes
Reyes
Yes
Taylor
No
Blumencranz
Yes
De Los Santos
No
Gray
Yes
McDonald
Yes
Rivera
Yes
Thiele
Yes
Bores
No
DeStefano
No
Gunther
No
McDonough
Yes
Rosenthal D
Yes
Vanel
No
Brabenec
Yes
Dickens
No
Hawley
No
McGowan
ER
Rosenthal L
Yes
Walker
Yes
Braunstein
Yes
Dilan
Yes
Hevesi
Yes
McMahon
Yes
Rozic
Yes
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Meeks
No
Santabarbara
No
Walsh
No
Brook-Krasny
No
DiPietro
Yes
Hyndman
No
Mikulin
No
Sayegh
Yes
Weinstein
No
Brown E
No
Durso
Yes
Jackson
No
Miller
Yes
Seawright
Yes
Weprin
No
Brown K
Yes
Eachus
Yes
Jacobson
Yes
Mitaynes
Yes
Septimo
Yes
Williams
Yes
Burdick
No
Eichenstein
Yes
Jean-Pierre
No
Morinello
Yes
Shimsky
No
Woerner
Yes
Burgos
Yes
Epstein
No
Jensen
No
Norris
Yes
Shrestha
ER
Zaccaro
Yes
Burke
Yes
Fahy
Yes
Jones
No
Novakhov
Yes
Sillitti
ER
Zebrowski
No
Buttenschon
Yes
Fall
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Zinerman
No
Byrnes
No
Fitzpatrick
ER
Kelles
Yes
Otis
Yes
Simone
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A00983 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A983 SPONSOR: Magnarelli
  TITLE OF BILL: 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 housing 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 thereof   PURPOSE: The purpose of this bill is to amend Chapter 825 of the Laws of 2022 to effectuate the intent of the law.   SUMMARY OF PROVISIONS: Section 1 Section 1 renumbers article 7-C of the real property actions and proceeding law to 7-D. Section 2 exempts Nassau, Suffolk, Richmond, New York, Bronx, Kings and Queens County from these proceedings. Further, it clarifies who may be named as a respondent in an action brought under this article. Addi- tionally, it requires that the Office of Court Administration promulgate instructional materials, in plain language, in English, Spanish, and other languages spoken by limited-English proficient individuals in relevant jurisdictions as required. Section 3 removes the authorization that the alternative personal service can be completed by the court clerk. Section 4 defines what a judgement may include under this article. Section 5 amends the uniform city court act to make conforming changes for the renumbering of article 7-D of the real property actions and proceedings law. Section 6 amends the uniform district court act to make conforming changes for the renumbering of article 7-D of the real property actions and proceedings law. Section 7 amends the uniform justice court act to make conforming chang- es for the renumbering of article 7-D of the real property actions and proceedings law. Section 8 amends the New York city civil court act to make clarifying changes regarding the jurisdiction between articles 7-A and 7-D of the real property actions and proceedings law. Section 9 amends a chapter of the laws of 2022 to amend the effective date to one year after it shall have become a law from 180 days. Section 10 establishes an 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 chapter of the laws of 2022 changed this by creating 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. Addi- tionally, the legislation is intended to give judges broad discretion in fashioning appropriate relief for tenants. This bill would make various clarifying and technical amendments to Chapter 825 of the Laws of 2022, including exempting New York City which already has its own proceeding under the real property actions and proceedings law, as well as other changes to ensure tenants have guid- ance when completing forms and providing more time for implementation and training.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: Immediately, provided that sections 1 through 8 of this act shall take effect on the same date and in the same manner as 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, take effect.
A00983 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 983 2023-2024 Regular Sessions IN ASSEMBLY January 11, 2023 ___________ Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Judiciary 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. LBD04012-01-3A. 983 2 1 3. A special proceeding [for judgment directing repairs of conditions2and/or other relief in residential real property under] pursuant to this 3 article shall not be maintained [where such residential real property4located in the county] in any court within the counties of Nassau [or5the county of Suffolk, and shall not be maintained in any court in such6counties], 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 as14collecting 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 forms33that] 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 to40complete and serve the notice of petition and petition to commence the41special 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 court47clerk] 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:A. 983 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 diminished8value of the real property resulting from violation of applicable local9and state housing standards or section two hundred thirty-five-b of the10real property law;11c. A reduction in future rent for the diminished value of the real12property resulting from violation of applicable local and state housing13standards or section two hundred thirty-five-b of the real property law14until such time that, to the court's satisfaction, the violation has15been cured; and16d.] 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 summaryA. 983 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 to20subdivision three of section seven hundred ninety-seven of the real21property actions and proceedings law, the court shall have jurisdiction22of summary proceedings commenced under article seven-C of the real prop-23erty actions and proceedings law relating to real property located in24whole or in part within the city of New York, and render relief author-25ized 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.
A00983 LFIN:
  | NO LFIN |
A00983 Chamber Video/Transcript:
1-23-23 | Video (@ 00:39:16) | Transcript pdf | Transcript html |
1-30-23 | Video (@ 01:15:31) | Transcript pdf | Transcript html |