Bill Text: NY S08222 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Establishes a housing court for actions and proceedings involving the enforcement of state and local laws for the establishment and maintenance of housing standards; requires such court to establish an escrow account; provides that any landlord that owns twenty units or less shall be entitled to free legal services if such landlord can prove a loss of at least twenty percent of rent payments in a calendar year; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-16 - REFERRED TO JUDICIARY [S08222 Detail]

Download: New_York-2023-S08222-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8222

                    IN SENATE

                                    January 16, 2024
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the judiciary law, in relation  to  establishing  a  new
          housing court part for certain homes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The judiciary law is amended by adding a new article 4-B to
     2  read as follows:
     3                                 ARTICLE 4-B
     4                                HOUSING COURT
     5  Section 135-a. Housing court.
     6    § 135-a. Housing court. (a) Notwithstanding any  law,  rule  or  regu-
     7  lation to the contrary, a housing court shall be established for actions
     8  and  proceedings  involving  the enforcement of state and local laws for
     9  the establishment and maintenance of housing standards. The jurisdiction
    10  of such courts shall extend to the following:
    11    (1) Actions for the imposition and collection of civil  penalties  for
    12  the violation of such laws.
    13    (2)  Actions  and  proceedings  for  the establishment, enforcement or
    14  foreclosure of liens upon real property and upon the rents therefrom for
    15  civil penalties, or for costs, expenses and  disbursements  incurred  by
    16  the  county  in  the  elimination  or  correction of a nuisance or other
    17  violation of such laws.
    18    (3) Proceedings for the issuance of injunctions and restraining orders
    19  or other orders for the enforcement  of  housing  standards  under  such
    20  laws.
    21    (4)  Actions  and  proceedings for the partition of real property, for
    22  dower, for the foreclosure, redemption or  satisfaction  of  a  mortgage
    23  upon  real  property,  for  the  foreclosure  of a lien arising out of a
    24  contract for the sale of real property, for specific  performance  of  a
    25  contract  relating  to real property, for the enforcement or foreclosure
    26  of a mechanic's lien on real property, for reformation or rescission  of
    27  a  deed,  contract or mortgage affecting real property, or to compel the
    28  determination of a claim to real property under article fifteen  of  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10139-01-3
        S. 8222                             2

     1  real  property  actions  and proceedings law, where the real property to
     2  which the action relates is situated within the county; or to  foreclose
     3  a  lien upon a chattel in a case specified in section two hundred six of
     4  the lien law where the lien does not exceed twenty-five thousand dollars
     5  in amount and the chattel is found within the municipality.
     6    (5) Proceedings for the appointment of a receiver of rents, issues and
     7  profits  of buildings in order to remove or remedy a nuisance or to make
     8  repairs required to be made under such laws.
     9    (6) Actions and proceedings for  the  removal  of  housing  violations
    10  recorded  pursuant to such laws, or for the imposition of such violation
    11  or for the stay of any penalty thereunder.
    12    (7) The municipal  department  charged  with  enforcing  the  multiple
    13  dwelling  law  and other state and local laws applicable to the enforce-
    14  ment of proper housing standards may commence any action  or  proceeding
    15  described  in  this  subdivision  by  an order to show cause, returnable
    16  within five days, or within any other time period in the  discretion  of
    17  the  court.  Upon  the  signing  of such order, the clerk of the housing
    18  court shall issue an index number.
    19    (b) On the application of any municipal department, any party,  or  on
    20  its  own  motion, the housing court shall, unless good cause is shown to
    21  the contrary, consolidate all actions and proceedings  pending  in  such
    22  part as to any building.
    23    (c)  The  housing  court  shall continue jurisdiction of any action or
    24  proceeding relating to a building until all violations of law have  been
    25  removed.
    26    (d)  In any of the actions or proceedings specified in subdivision (a)
    27  of this section and on the  application  of  any  party,  any  municipal
    28  department or the court, on its own motion, may join any other person or
    29  municipal  department  as  a party in order to effectuate proper housing
    30  maintenance standards and to promote the public interest. In addition to
    31  any other application of its powers under this  subdivision,  the  court
    32  may,  on  the  application  of any party or on its own motion, join as a
    33  party the department of social services of such county in any action  or
    34  proceeding in which the payment or non-payment of rent by a recipient of
    35  or  applicant  for public assistance pursuant to the social services law
    36  is at issue, and the court may join as a party  the  division  of  adult
    37  protective  services  of  the social services district in such county in
    38  any such action or proceeding, where appropriate.
    39    (e) Housing court judges shall be appointed  pursuant  to  subdivision
    40  (f)  of  this  section  and shall be duly constituted judicial officers,
    41  empowered to hear, determine and grant any relief within the  powers  of
    42  the housing part in any action or proceeding except those to be tried by
    43  jury. Such housing judges shall have the power of judges of the court to
    44  punish  for  contempts. Rules of evidence shall be applicable in actions
    45  and proceedings before the housing part. The determination of a  housing
    46  judge  shall  be  final  and shall be entered and may be appealed in the
    47  same manner as a judgment of the court.
    48    (f) The housing court judge may be an elected supreme court  judge  of
    49  such  jurisdiction.  Such  housing judge shall be qualified by training,
    50  interest, experience, judicial temperament  and  knowledge  of  federal,
    51  state and local housing laws and programs.
    52    (g)  A  housing court judge shall have been admitted to the bar of the
    53  state for at least five years, two years of which  shall  have  been  in
    54  active  practice.  Each  housing  judge  shall  serve full-time for five
    55  years.  If such housing court judge was appointed,  reappointment  shall
    56  be  at  the  discretion of the administrative judge of the supreme court
        S. 8222                             3

     1  and on the basis of the performance,  competency  and  results  achieved
     2  during the preceding term.
     3    (h) Any municipal department charged with enforcing any state or local
     4  law  applicable  to  the  enforcement of proper housing standards may be
     5  represented in the housing part by its department counsel in any  action
     6  or proceeding in which it is a party. A corporation which is a party may
     7  be represented by an officer, director or a principal stockholder.
     8    (i)  Nothing  contained  in  this  section shall in any way affect the
     9  right of any party to trial by jury as provided by law.
    10    (j) There shall be a sufficient number of pro se clerks of the housing
    11  court to assist persons without counsel. Such assistance shall  include,
    12  but  need  not  be  limited  to,  providing information concerning court
    13  procedure, helping to file court papers, and, where appropriate,  advis-
    14  ing persons to seek administrative relief.
    15    (k)  The  housing court shall establish an escrow account. In order to
    16  appear in housing court, a tenant shall submit any owed rent  into  such
    17  escrow account.
    18    (l)  Any  landlord that owns twenty units or less shall be entitled to
    19  free legal services if such landlord can prove a loss of at least twenty
    20  percent of rent payments in a calendar year.
    21    (m) Any landlord that is in mortgage foreclosure due to loss  of  rent
    22  payments  cannot  enter  into  a state of foreclosure until such housing
    23  court resolves any rent issues. The housing court shall track  all  loss
    24  of rent payment cases and subsequent foreclosure cases.
    25    § 2. This act shall take effect on the one hundred eightieth day after
    26  it shall have become a law.