Creates a special subpart of the housing part within the NYC civil court to handle cases involving condominiums and cooperative buildings.
TITLE OF BILL: An act to amend the New York city civil court act, in relation to establishing a subpart to hear housing matters related to cooperative and condominium buildings
PURPOSE OR GENERAL IDEA OF BILL: To create a separate part in the Housing Court to specialize in housing matters arising in cooperative and condominium buildings.
SUMMARY OF SPECIFIC PROVISIONS:
Section 110 of the New York City civil court act is amended by adding a new subdivision q to provide for a separate subpart of the housing court which shall be devoted to actions and proceedings involving cooperative and condominium buildings for such matters which are within the jurisdiction of the Housing Court.
JUSTIFICATION: A separate part of the Housing Court for housing matters arising in cooperative and condominium buildings would, to a large degree, reduce the congestion in other parts of the Housing Court by the removal of these cases which are different from standard rental housing cases. It would expedite the hearing of the cases relating to cooperatives and condominiums, because they would be heard by judges more knowledgeable in this area. This would result in better-honed and fairer decisions.
PRIOR LEGISLATIVE HISTORY: 2009-10 A.871 - Referred to Housing 2007-08 A.3131 Referred to Housing 2005-06 A.1432 Referred to Housing/S.1791 - Referred to Judiciary Housing 2003-04 A.2027 Referred to Housing 2001-02 A.1844 Referred to Housing/S.722 - Referred to Judiciary
FISCAL IMPLICATIONS: Negligible. A separate part in Housing Court could be implemented without increasing the number of judges in the space currently devoted to Housing Court. The modest administrative cost of establishing this program and screening incoming cases so as to direct those involving cooperatives and condominiums to the new part will be quickly offset by the time and money saved in expedited resolution of cases. Judges versed in the relationships between the board and residents in these resident owned and governed buildings will be able to hand down decisions that interpret the law consistently and clearly. This should also lead to an additional benefit in the form of fewer appeals, which would even further reduce the burden on the courts.
EFFECTIVE DATE: This act shall take effect 180 days after it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 1809 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. ESPAILLAT -- 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 estab- lishing a subpart to hear housing matters related to cooperative and condominium buildings 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) A SEPARATE SUBPART OF THE HOUSING PART ESTABLISHED BY THIS SECTION SHALL BE DEVOTED TO ACTIONS AND PROCEEDINGS INVOLVING COOPERATIVE AND CONDOMINIUM BUILDINGS FOR SUCH MATTERS WHICH ARE WITHIN THE JURISDICTION OF THE HOUSING PART. S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02655-01-3