S6654-2011 - NY Senate Open Legislation - Relates to the authority of the New York city civil court, district court and city court to issue a judgment to recover enforcement costs

Relates to the authority of the New York city civil court, district court and city court to issue a judgment to recover enforcement costs without regard to amount.

Sponsor: BONACIC / Committee: RULES
Law Section: New York City Civil Court Act / Law: Amd S203, NYC Civ Ct Act; amd S203, UDCA; amd S203, UCCA

S6654-2011 Actions

Jun 21, 2012: COMMITTED TO RULES
Mar 22, 2012: ADVANCED TO THIRD READING
Mar 21, 2012: 2ND REPORT CAL.
Mar 20, 2012: 1ST REPORT CAL.398
Mar 8, 2012: REFERRED TO JUDICIARY

S6654-2011 Meetings

Judiciary: Mar 20, 2012

S6654-2011 Calendars

S6654-2011 Votes

VOTE: COMMITTEE VOTE: - Judiciary - Mar 20, 2012

Ayes (21): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, LaValle, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Hassell-Thompson, Breslin, Dilan, Espaillat, Gianaris, Krueger, Perkins, Serrano, Squadron, Stavisky
Ayes W/R (1): Zeldin

S6654-2011 Memo

BILL NUMBER:S6654

TITLE OF BILL:
An act
to amend the New York city civil court act, the uniform district court
act, and
the uniform city court act, in relation to the authority of the New
York city civil court, district court and city court to issue a judgment
to recover the cost of enforcing state and local housing maintenance,
building, and health codes without regard to amount

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Local
Courts Advisory Committee.

This measure amends the New York City Civil Court Act, the Uniform
District Court Act, and the Uniform City Court Act to authorize an
exception to the monetary jurisdiction of each court to permit it to
issue a judgment for the full cost associated with executing an order
to cure a violation of state or local housing maintenance, building,
or health laws and codes.

Section 203(1) of the New York City Civil Court Act and section
203(a)(3) of both the Uniform District Court Act and Uniform City
Court Act provide that the court has jurisdiction over actions to
"recover costs, expenses and disbursements incurred by" a political
subdivision of the state in the "elimination or correction of a
nuisance or any violation of any law [such as the multiple dwelling
law, the multiple residence law, and any applicable local housing
maintenance, building, and health codes] including the "demolition of
any building pursuant to such law or laws." NYCCCA � 203(1) and (m);
UDCA �203(a)(2) and (3); UCCA �203(a)(2) and (3). The problem is that
a judgment issued by any of these courts to recover the cost incurred
by a municipality in a
proceeding to enforce state and local housing maintenance, building,
and health codes, i.e., such as the cost of demolishing a building,
is now subject to the monetary jurisdiction of each court, which is
$25,000 for the New York City Civil Court, see NYCCCA �201,
and $15,000 for both the District Court and the City Court.
See UDCA �201; UCCA �201.

Exceptions to the monetary jurisdictions of the Civil, District and
City Courts have been authorized in certain proceedings so as to
facilitate each court's ability to provide full relief to the parties.
For example, in summary proceedings to recover possession of real
property, each Court may "render judgment for rent due without regard
to amount." NYCCCA �204; UDCA �204; UCCA �204. A similar exception
is warranted in proceedings to enforce state and local housing
maintenance, building, and health codes.
In order to provide the full relief afforded by the law, the New York
City Civil, District and City Courts should not be limited in their

ability to reimburse a municipality for the full costs associated
with executing an order to cure violations of the law.

This measure would have no fiscal impact upon the State. It would take
effect on the first day of January next succeeding the date on which
it shall have become a law.

LEGISLATIVE HISTORY:
None. New proposal.

S6654-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6654
 I N  SENATE
 March 8, 2012
 
 Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin
 istration) -- 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, the uniform district
 court act, and the uniform city court act, in relation to the authori
 ty of the New York city civil court, district court and city court  to
 issue  a  judgment  to  recover  the cost of enforcing state and local
 housing maintenance, building, and  health  codes  without  regard  to
 amount
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision (l) of section 203 of the New York  city  civil
 court  act,  as amended by chapter 11 of the laws of 1984, is amended to
 read as follows:

 (l) An action to recover costs, expenses and disbursements incurred by
 the city of New York in the elimination or correction of a  nuisance  or
 other violation of any law described in subdivision (k) of this section,
 or  in the removal or demolition of any building pursuant to such law or
 laws. THE COURT SHALL HAVE JURISDICTION TO RENDER A JUDGMENT FOR  COSTS,
 EXPENSES  AND  DISBURSEMENTS  INCURRED  BY  THE  CITY OF NEW YORK IN THE
 CORRECTION OF A NUISANCE, OTHER VIOLATION OF LAW, OR REMOVAL OR  DEMOLI
 TION OF ANY BUILDING WITHOUT REGARD TO AMOUNT.
 

S  2.  Paragraph  3  of  subdivision (a) of section 203 of the uniform
 district court act, as amended by chapter 337 of the laws  of  2005,  is
 amended to read as follows:

 (3) An action to recover costs, expenses and disbursements incurred by
 any political subdivision of the state located in whole or in part with
 in  a  district  of  the  court  in  the  elimination or correction of a
 nuisance or other violation of any law described  in  paragraph  (2)  of
 this subdivision, or in the removal or demolition of any building pursu
 ant  to  such law or laws. THE COURT SHALL HAVE JURISDICTION TO RENDER A
 JUDGMENT FOR COSTS, EXPENSES AND DISBURSEMENTS INCURRED BY  A  POLITICAL
 SUBDIVISION  OF  THE  STATE  IN  THE  CORRECTION  OF  A  NUISANCE, OTHER
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14132-01-2
        S. 6654                             2
 VIOLATION OF LAW, OR REMOVAL  OR  DEMOLITION  OF  ANY  BUILDING  WITHOUT
 REGARD TO AMOUNT.
 

S 3. Paragraph 3 of subdivision (a) of section 203 of the uniform city
 court  act, as amended by chapter 337 of the laws of 2005, is amended to
 read as follows:

 (3) An action to recover costs, expenses and disbursements incurred by
 any political subdivision of the state in the elimination or  correction
 of  a  nuisance or other violation of any law described in paragraph (2)
 of this subdivision, or in the removal or  demolition  of  any  building
 pursuant  to  such  law  or  laws.  THE COURT SHALL HAVE JURISDICTION TO
 RENDER A JUDGMENT FOR COSTS, EXPENSES AND DISBURSEMENTS  INCURRED  BY  A
 POLITICAL  SUBDIVISION  OF  THE  STATE  IN THE CORRECTION OF A NUISANCE,
 OTHER VIOLATION OF LAW, OR REMOVAL OR DEMOLITION OF ANY BUILDING WITHOUT
 REGARD TO AMOUNT.
 

S 4. This act shall take effect on the first of January next  succeed
 ing the date on which it shall have become a law.

S6654-2011: Relates to the authority of the New York city civil court, district court and city court to issue a judgment to recover enforcement costs