NY State Senate Bill 2019-S1129

Senate Bill S1129

2019-2020 Legislative Session

Requires tenants in housing court to be given certain information in bold print at the end of any petition for eviction

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 11, 2019	referred to judiciary

2019-S1129 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: New York City Civil Court Act
Laws Affected:: Amd §110, NYC Civ Ct Act
Versions Introduced in Other Legislative Sessions:: 2009-2010: S1524
2011-2012: S1291
2013-2014: S27
2015-2016: S3091
2017-2018: S2333

2019-S1129 (ACTIVE) - Summary

Requires tenants in housing court proceedings be given information pertaining to their rights including that only a judge may issue a warrant to evict them; requires that they should assert any defense or counterclaim in their answer and that they have a right to have the premises inspected to confirm any claim of dangerous or unhealthy conditions and that they may have a right to withhold rent for failure to make repairs and that OCA sells information to residential tenant screening companies.

2019-S1129 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1129

SPONSOR: BENJAMIN
 
TITLE OF BILL:

An act to amend the New York city civil court act, in relation to
requiring the housing court to provide certain information to tenants

 
PURPOSE:

This bill requires tenants in housing court to be given certain informa-
tion when receiving or submitting certain information to tenants.

 
SUMMARY OF PROVISIONS:

Adds new subdivision Q to Section 110 of the New York City Civil Court
Act to require that housing court provide tenants with the following
information with any and all documents submitted to a tenant in non-pay-
ment or eviction proceeding:

1) That housing court clerks cannot determine the validity of cases and

that they have a right to a trial;

2) That tenants can offset poor services or lack of repairs against the
rent;

3) That tenants may call for an inspection while filing the proper
paperwork and can wait for the inspection to be ordered by a housing
judge;

4) That tenants may at any time go to a pro se clerk for advice;

5) That only a housing court judge may force or ask a tenant to leave
his or her apartment;

6) The office of court administration sells information to residential
screening companies;

7) Legal fees, late fees and any other fees may only be imposed by a
housing judge and they are not considered part of any rent due.

 
EXISTING LAW:

 
JUSTIFICATION:

Currently many tenants who go into housing court are not informed of
their rights. This bill would ensure that tenants involved in non-pay-
ment or eviction proceedings are at least given a list informing them of
their basic rights in the court. Because these proceedings can be very
intimidating, tenants should be well-informed before they go into court.

 
LEGISLATIVE HISTORY:

2017-18: S.2333
2015-16: S.3091/A.3861
2013-14: S.27/ A.3550
2011-12: S.1291/A.506

 
FISCAL IMPLICATIONS:
None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect after 180 days.

2019-S1129 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1129
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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
   requiring the housing court to provide certain information to tenants
 
   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) THE PETITIONER SHALL INCLUDE IN BOLD PRINT AT THE END OF THE PETI-
 TION THE FOLLOWING NOTICE OF INFORMATION TO THE RESPONDENT:
   (1) CLERKS OF THE HOUSING  COURT  CANNOT  DETERMINE  THE  VALIDITY  OF
 CASES.
   (2) RESPONDENT HAS A RIGHT TO TRIAL.
   (3)  THE  TENANT  MAY AT ANY TIME GO TO A PRO SE CLERK FOR INFORMATION
 REGARDING HOUSING COURT PROCEDURE AND ASSISTANCE IN FILING COURT PAPERS.
   (4) THE TENANT SHOULD ASSERT ANY DEFENSE, INCLUDING, BUT  NOT  LIMITED
 TO,  LACK  OF NECESSARY REPAIRS AND MAY ASSERT ANY COUNTERCLAIM OR CLAIM
 FOR OFFSET AGAINST RENT IN HIS OR HER ANSWER.
   (5) THE TENANT MAY, BUT DOES NOT HAVE TO, REQUEST THE HOUSING, PRESER-
 VATION AND DEVELOPMENT OFFICE TO INSPECT THE  PREMISES  TO  CONFIRM  ANY
 CLAIM OF DANGEROUS OR UNHEALTHY CONDITIONS WHICH THE TENANT BELIEVES MAY
 AFFECT THE AMOUNT OF RENT DUE.
   (6)  THE  OFFICE OF COURT ADMINISTRATION SELLS INFORMATION TO RESIDEN-
 TIAL TENANT SCREENING COMPANIES, WHICH  RESULTS  IN  THE  TENANT'S  NAME
 APPEARING  ON  NATIONWIDE REPORTS SOLD BY THESE COMPANIES TO PROSPECTIVE
 LANDLORDS.  THIS MAY RESULT IN A TENANT  BEING  BLACKLISTED  AND  HAVING
 DIFFICULTIES  GETTING  ANOTHER APARTMENT. INFORMATION FROM HOUSING COURT
 CASES MAY ALSO BE OBTAINED BY THE MAJOR CREDIT REPORTING COMPANIES WHICH
 MAY AFFECT A TENANT'S CREDIT SCORE.
   (7) LEGAL FEES, LATE FEES AND ANY OTHER FEES MAY ONLY BE IMPOSED AFTER
 A TRIAL BY A HOUSING JUDGE IF THEY ARE ESTABLISHED IN  A  WRITTEN  LEASE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06079-01-9

 S. 1129                             2
 
 AND  THEY  ARE  NOT  CONSIDERED  PART  OF  ANY RENT DUE UNLESS THE LEASE
 EXPRESSLY ESTABLISHES THEM AS SUCH.
   (8)  ONLY  A  HOUSING  JUDGE MAY ISSUE A WARRANT TO EVICT A TENANT AND
 ONLY A MARSHAL OR SHERIFF IS  AUTHORIZED  TO  USE  FORCE  TO  EXECUTE  A
 WARRANT.  THE  LANDLORD  AND  TENANT  MAY AGREE TO TERMINATE THE TENANCY
 PRIOR TO THE ISSUANCE OR SERVICE OF A WARRANT, BUT NO ONE MAY  COMPEL  A
 TENANT WITHOUT HIS OR HER CONSENT TO ABANDON THE TENANCY.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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