S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   29

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (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 judges
  of the New York city 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, as  added
by chapter 982 of the laws of 1972, subdivisions (a) and (l) as amended,
subdivision  (n)  as  relettered and subdivision (o) as added by chapter
849 of the laws of 1977, paragraph 9 of subdivision (a)  as  amended  by
chapter  309  of the laws of 1978, subdivision (c) as amended by chapter
701 of the laws of 1973, subdivision (e) as amended by  chapter  528  of
the  laws  of 1984, subdivision (f) as amended by chapter 64 of the laws
of 2007, subdivision (g) as amended by chapter 488 of the laws of  2010,
subdivision  (h) as amended by chapter 524 of the laws of 2005, subdivi-
sion (i) as amended by chapter 310 of the laws of 1978, subdivision  (m)
as  amended  by chapter 664 of the laws of 1978, paragraph 3 of subdivi-
sion (m) as amended by chapter 524 of the laws of 1980, subdivision  (n)
as added by chapter 704 of the laws of 1973 and subdivision (p) as added
by chapter 95 of the laws of 1989, is amended to read as follows:
  S  110.  Housing  part.  (a)  A  part of the court shall be devoted to
actions and proceedings involving the enforcement  of  state  and  local
laws for the establishment and maintenance of housing standards, includ-
ing, but not limited to, the multiple dwelling law and the housing main-
tenance  code,  building code and health code of the administrative code
of the city of New York, as follows:
  (1) Actions for the imposition and collection of civil  penalties  for
the violation of such laws.
  (2)  Actions  for  the collection of costs, expenses and disbursements
incurred by the city of New York in the elimination or correction  of  a

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

                                                           LBD02952-01-3

S. 29                               2

nuisance  or  other violation of such laws, or in the removal or demoli-
tion of any dwelling pursuant to such laws.
  (3)  Actions  and  proceedings  for  the establishment, enforcement or
foreclosure of liens upon real property and upon the rents therefrom for
civil penalties, or for costs, expenses and  disbursements  incurred  by
the  city  of New York in the elimination or correction of a nuisance or
other violation of such laws.
  (4) Proceedings for the issuance of injunctions and restraining orders
or other orders for the enforcement  of  housing  standards  under  such
laws.
  (5) Actions and proceedings under article seven-A of the real property
actions  and  proceedings  law,  and  all summary proceedings to recover
possession of residential premises to remove tenants therefrom,  and  to
render  judgment  for rent due, including without limitation those cases
in which a tenant alleges a defense under section seven  hundred  fifty-
five  of the real property actions and proceedings law, relating to stay
or proceedings or action for rent upon failure to make repairs,  section
three hundred two-a of the multiple dwelling law, relating to the abate-
ment  of  rent  in  case  of  certain  violations of section [D26-41.21]
27-2017 of such housing maintenance code.
  (6) Proceedings for the appointment of a receiver of rents, issues and
profits of buildings in order to remove or remedy a nuisance or to  make
repairs required to be made under such laws.
  (7)  Actions  and  proceedings  for  the removal of housing violations
recorded pursuant to such laws, or for the imposition of such  violation
or for the stay of any penalty thereunder.
  (8) Special proceedings to vest title in the city of New York to aban-
doned multiple dwellings.
  (9)  The  city department charged with enforcing the multiple dwelling
law, housing maintenance code, and other state and local laws applicable
to the enforcement of proper housing standards may commence  any  action
or  proceeding  described  in  paragraphs one, two, three, four, six and
seven of this subdivision by an order to show cause,  returnable  within
five  days,  or  within  any  other time period in the discretion of the
court. Upon the signing of such order, the clerk  of  the  housing  part
shall issue an index number.
  (b)  On  the  application of any city department, any party, or on its
own motion, the housing part of the civil court shall, unless good cause
is shown to the contrary, consolidate all actions and proceedings  pend-
ing in such part as to any building.
  (c)  Regardless  of  the relief originally sought by a party the court
may recommend or employ  any  remedy,  program,  procedure  or  sanction
authorized  by  law  for  the  enforcement  of  housing standards, if it
believes they will be more effective  to  accomplish  compliance  or  to
protect  and promote the public interest; provided in the event any such
proposed remedy, program or procedure entails the expenditure of  monies
appropriated  by the city, other than for the utilization and deployment
of personnel and services  incidental  thereto,  the  court  shall  give
notice of such proposed remedy, program or procedure to the city depart-
ment  charged  with  the  enforcement  of local laws relating to housing
maintenance and shall not employ such proposed remedy, program or proce-
dure, as the case may be, if such department shall advise the  court  in
writing within the time fixed by the court, which shall not be less than
fifteen days after such notice has been given, of the reasons such order
should  not be issued, which advice shall become part of the record. The

S. 29                               3

court may retain continuing jurisdiction of  any  action  or  proceeding
relating to a building until all violations of law have been removed.
  (d)  In any of the actions or proceedings specified in subdivision (a)
OF THIS SECTION and on the application of any party, any city department
or the court, on its own motion, may  join  any  other  person  or  city
department  as a party in order to effectuate proper housing maintenance
standards and to promote the public interest.
  (e) Actions and proceedings before the housing  part  shall  be  tried
before civil court judges, acting civil court judges, or housing judges.
Housing judges shall be [appointed] ELECTED pursuant to [subdivision (f)
of  this section] SECTION FIFTEEN OF ARTICLE SIX OF THE CONSTITUTION and
shall be duly constituted judicial officers, empowered to  hear,  deter-
mine  and  grant any relief within the powers of the housing part in any
action or proceeding except those to be  tried  by  jury.  Such  housing
judges  shall  have  the  power  of  judges  of  the court to punish for
contempts.  Rules  of  evidence  shall  be  applicable  in  actions  and
proceedings  before  the  housing  part.  The determination of a housing
judge shall be final and shall be entered and may  be  appealed  in  the
same  manner as a judgment of the court; provided that the assignment of
actions and proceedings to housing judges, the conduct of the trial  and
the  contents  and filing of a housing judge's decision, and all matters
incidental to the operation of the housing part, shall be in  accordance
with  rules  jointly  promulgated by the first and second departments of
the appellate division for such part.
  (f) [The housing judges shall be appointed by the administrative judge
from a list of persons  selected  annually  as  qualified  by  training,
interest,  experience,  judicial  temperament  and knowledge of federal,
state and local housing laws and programs by the  advisory  council  for
the  housing  part.  The  list of persons who have been approved by such
advisory council, whether or not appointed to  such  judicial  position,
shall  be  deemed public information and be published in the city record
immediately after such list is submitted to the  administrative  judge.]
The  annual  salary  of  a  housing judge shall be one hundred [fifteen]
TWENTY-FIVE thousand [four] SIX hundred dollars.
  (g) The advisory council for the housing part  shall  be  composed  of
three members representative of real estate owners or lessors, including
the  chair  of the New York city housing authority; three members repre-
sentative of tenants' organizations; and two members  representative  of
each  of the following: civic groups, bar associations and the public at
large. Such members shall be appointed by the administrative judge, with
the approval of the presiding justices of the first and  second  depart-
ments  of the appellate division. Except for the member representing the
housing  authority,  the  members  of  the  advisory  council  shall  be
appointed  for non-renewable terms of three years. In addition the mayor
of the city of New York shall appoint one member to serve at his or  her
pleasure  and the commissioner of housing and community renewal shall be
a member.
  (h) The advisory council shall meet at least four times a year, and on
such additional occasions as they may require or as may be  required  by
the administrative judge. Members shall receive no compensation. Members
shall  visit  the housing part from time to time to review the manner in
which the part is functioning, and make recommendations to the  adminis-
trative  judge  and to the advisory council. A report on the work of the
part shall be prepared annually  and  submitted  to  the  administrative
judge, the administrative board of the judicial conference, the majority
and  minority  leaders  of  the  senate  and assembly, the governor, the

S. 29                               4

chairpersons of the judiciary committee in the senate and  assembly  and
the  mayor of the city of New York by the thirty-first day of January of
each year.
  (i)  Housing  judges  shall have been admitted to the bar of the state
for at least five years, two years of which shall have  been  in  active
practice.  Each  housing  judge  shall  serve  full-time  for [five] TEN
years[.  Reappointment shall be at the discretion of the  administrative
judge  and  on  the  basis  of  the  performance, competency and results
achieved during the preceding term].
  [(k)] (J) Unless a party requests  a  manual  stenographic  record  by
filing  a  notice  with the clerk two working days prior to the date set
for an appearance before the court, hearings shall be  recorded  mechan-
ically.  A  party  may request a transcript from a mechanical recording.
Any party making a request for a copy of either a mechanically or  manu-
ally recorded transcript shall bear the cost thereof and shall furnish a
copy of the transcript to the court, and to the other parties.
  [(l)]  (K)  Any  city  department  charged with enforcing any state or
local law applicable to the enforcement of proper housing standards  may
be  represented  in  the  housing  part by its department counsel in any
action or proceeding in which it is a party. A corporation  which  is  a
party  may  be represented by an officer, director or a principal stock-
holder.
  [(m)] (L) The service of process in any of the actions or  proceedings
specified in subdivision (a) OF THIS SECTION which are brought under the
housing  maintenance  code of the administrative code of the city of New
York shall be made as herein provided:
  (1) Service of process shall be made  in  the  manner  prescribed  for
actions  or  proceedings  in this court, except where the manner of such
service is provided for in the housing maintenance code of the  adminis-
trative  code  of the city of New York, such service may, as an alterna-
tive, be made as therein provided.
  (2) Where the manner of service prescribed for actions or  proceedings
in this court includes delivery of the summons to a person at the actual
place  of business of the person to be served, such delivery may be made
alternatively to a person of suitable age and discretion at the  address
registered  with  the  department  charged with the enforcement of local
laws relating to housing maintenance pursuant to article [forty-one] TWO
OF SUBCHAPTER FOUR OF CHAPTER TWO OF TITLE TWENTY-SEVEN  of  such  code,
hereinafter referred to as the "registered address".
  (3)  Where the manner of service prescribed for actions or proceedings
in this court includes affixing the summons to the door  of  the  actual
place  of  business  of  the person to be served, the summons may, as an
alternative, be posted in a conspicuous place  on  either  the  premises
specified in the summons or the registered address.
  (4)  Where  the  manner  of service for actions or proceedings in this
court includes mailing the summons to the person to be served at his  OR
HER  last known residence, the summons may, as an alternative, be mailed
to the registered address; however, if the person to be served  has  not
registered  as required by article [forty-one] TWO OF SUBCHAPTER FOUR OF
CHAPTER TWO OF TITLE TWENTY-SEVEN of such housing maintenance code, such
summons may, as an alternative, be mailed to an  address  registered  in
the  last  registration  statement filed with such department other than
the address of the managing agent of the premises and to the last  known
address of the person to be served.
  (5)  Where  the  manner  of service for actions or proceedings in this
court includes mailing the summons to the person to be served at his  OR

S. 29                               5

HER  last  known  residence, if the person to be served is a corporation
and if either: (i) an officer of such  corporation,  (ii)  the  managing
agent of such corporation for the premises involved in the suit or (iii)
a  person  designated  by  such  corporation  to  receive notices in its
behalf, other than the secretary of state, has been named a party to the
suit, the summons may, as an alternative, be mailed  to  the  registered
address  of  such corporation or, if such corporation has not registered
as required by such code, to the address of such corporation  set  forth
in a document filed or recorded with a governmental agency.
  (6)  A copy of the summons with proof of service shall be filed in the
manner provided in section four hundred nine OF THIS  ACT,  except  that
such  filing  shall  be  made  with the clerk of the housing part in the
county in which the action is brought.
  [(n)] (M) Nothing contained in [the] THIS section  [one  hundred  ten]
shall in any way affect the right of any party to trial by jury as here-
tofore provided by law.
  [(o)]  (N)  There shall be a sufficient number of pro se clerks of the
housing part to assist persons without counsel.  Such  assistance  shall
include,  but  need  not  be limited to providing information concerning
court procedure, helping to file court papers, and,  where  appropriate,
advising persons to seek administrative relief.
  [(p)] (O) The court shall review the performance and records of admin-
istrators  appointed  pursuant  to  article seven-A of the real property
actions and proceedings law or receivers appointed pursuant to paragraph
six of subdivision (a) of this section. Such review  shall  include  but
not  be  limited  to an examination of the accountings submitted by such
administrators or receivers and an examination of the plan submitted  to
the  court  pursuant to subdivision nine of section seven hundred seven-
ty-eight of the real property actions and proceedings law. The court may
compel the production of any records it deems necessary to perform  such
review.
  S 2. For purposes of this act, those judges currently sitting as hous-
ing  court  judges of the housing part of the civil court of the city of
New York on the effective date of this act may continue in such judicial
positions until the expiration of their appointed  judicial  term.  Upon
any such expiration or other vacancy occurring in such judicial position
the  ensuing  vacancy shall be filled in the manner provided by subdivi-
sion (e) of section 110 of the New York city civil court act.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.