S427-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S427-2013 Memo

BILL NUMBER:S427

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:
2011/12 - S.1323
2009/10 - S.1648/A.2376

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
First day of September following enactment.

S427-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          427
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  DILAN  -- 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.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00408-01-3

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