Bill 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

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.

Details

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

Meetings

Calendars

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
Absent (1): Adams

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 6654 IN 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
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.

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