Bill S1323-2011

Authorizes appearance by a tenant in the housing part without counsel

Authorizes any tenant who is party to an action in housing part to be represented by a person who is not an attorney, provided consent for such representation is made on the record, such person is prohibited from consenting to an entry of a judgment on behalf of a tenant and such person may not receive a fee or other remuneration for such representation.

Details

Actions

  • Jan 4, 2012: REFERRED TO JUDICIARY
  • Jan 6, 2011: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S1323

TITLE OF BILL: An act to amend the New York city civil court act, in relation to authorizing appearance without counsel within the housing part

PURPOSE OR GENERAL IDEA OF BILL: This legislation enables a tenant to bring or delegate a representative in housing court when they are unable to attend a hearing themselves.

SUMMARY OF SPECIFIC PROVISIONS: Legislation would allow for a delegated party to represent a tenant in Housing Court and that representative shall be delegated by the tenant.

JUSTIFICATION: Tenants who are faced with conflicting responsibilities or situations which can make attending housing court problematic should be allowed to bring or delegate a representative in housing court. Allowing a representative in housing court would prevent a tenant from facing possible eviction and homelessness.

PRIOR LEGISLATIVE HISTORY: S.1649/A.2376 in the 2009/10 Session S.495/A.949 in the 2007/08 Session S.1141/A.2132 in the 2005/06 Session S.2549/A.5567 in the 2003/04 Session A.1804 in the 2001/02 Session A.2591 in the 1999/00 Session A.1279 in the 1997/98 Session A.2299 in the 1995/96 Session

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: First day of September following enactment.


Text

STATE OF NEW YORK ________________________________________________________________________ 1323 2011-2012 Regular Sessions IN SENATE January 6, 2011 ___________
Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the New York city civil court act, in relation to authorizing appearance without counsel within the housing part THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 110 of the New York city civil court act is amended by adding a new subdivision (q) to read as follows: (Q) ANY TENANT WHO IS A PARTY MAY BE REPRESENTED IN THE HOUSING PART BY COUNSEL OR BY SUCH OTHER PERSON DESIGNATED IN WRITING OR ON THE RECORD TO SPEAK ON BEHALF OF SUCH TENANT, TRANSLATE FOR SUCH TENANT, AND/OR TO MAKE ANY APPLICATION, INCLUDING AN APPLICATION FOR ADJOURNMENT ON BEHALF OF SUCH TENANT, PROVIDED, HOWEVER, THAT SUCH DESIGNATED REPRE- SENTATIVE IF NOT AUTHORIZED TO PRACTICE LAW SHALL BE PROHIBITED FROM ACCEPTING ANY FEE, COMPENSATION OR OTHER REMUNERATION FOR SUCH REPRESEN- TATION SERVICES. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO AUTHORIZE SUCH DESIGNATED REPRESENTATIVE TO CONSENT TO THE ENTRY OF ANY JUDGMENT AGAINST THE TENANT. S 2. This act shall take effect on the first of September next succeeding the date on which it shall have become a law and shall govern all actions or proceedings commenced on or after such date.

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