A03550 Summary:

BILL NO    A03550 

SAME AS    SAME AS S00027

SPONSOR    Wright

COSPNSR    

MLTSPNSR   Perry

Amd S110, NYC Civ Ct Act

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.
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A03550 Actions:

BILL NO    A03550 

01/28/2013 referred to judiciary
01/08/2014 referred to judiciary
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A03550 Votes:

There are no votes for this bill in this legislative session.
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A03550 Memo:

BILL NUMBER:A3550

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 OR GENERAL IDEA OF BILL: This bill requires tenants in housing
court to be given certain information  when  receiving  or  submitting
certain information to tenants.
SUMMARY  OF SPECIFIC PROVISIONS:  This bill would amend Section 110 of
the New York City Civil Court Act by adding a new subdivision Q.
EFFECTS OF PRESENT LAW THIS BILL WOULD  ALTER:  States  that  included
with  any  and  all  documents submitted to a tenant in non-payment or
eviction proceeding that there shall  be  a  statement  informing  the
tenant of the following:
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  tenant  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 tenant 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) 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.
JUSTIFICATION:  Currently  many  tenants who go into housing court are
not informed of their rights.   This bill would  ensure  that  tenants
involved  in  non-payment 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.
PRIOR LEGISLATIVE HISTORY:
2011 - A.506 2009 - A.1443 2007 - A.5012 2006 - A.9373
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE  DATE:  This  act  shall  take  effect  on  the  one hundred
eightieth day after it shall have become a law.
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A03550 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3550

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 28, 2013
                                      ___________

       Introduced by M. of A. WRIGHT -- read once and referred 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:

    1    Section 1. Section 110 of the New York city civil court act is amended
    2  by adding a new subdivision (q) to read as follows:
    3    (Q) THE PETITIONER SHALL INCLUDE IN BOLD PRINT AT THE END OF THE PETI-
    4  TION THE FOLLOWING NOTICE OF INFORMATION TO THE RESPONDENT:
    5    (1)  CLERKS  OF  THE  HOUSING  COURT  CANNOT DETERMINE THE VALIDITY OF
    6  CASES.
    7    (2) RESPONDENT HAS A RIGHT TO TRIAL.
    8    (3) THE TENANT MAY AT ANY TIME GO TO A PRO SE  CLERK  FOR  INFORMATION
    9  REGARDING HOUSING COURT PROCEDURE AND ASSISTANCE IN FILING COURT PAPERS.
   10    (4)  THE  TENANT SHOULD ASSERT ANY DEFENSE, INCLUDING, BUT NOT LIMITED
   11  TO, LACK OF NECESSARY REPAIRS AND MAY ASSERT ANY COUNTERCLAIM  OR  CLAIM
   12  FOR OFFSET AGAINST RENT IN HIS OR HER ANSWER.
   13    (5) THE TENANT MAY, BUT DOES NOT HAVE TO, REQUEST THE HOUSING, PRESER-
   14  VATION  AND  DEVELOPMENT  OFFICE  TO INSPECT THE PREMISES TO CONFIRM ANY
   15  CLAIM OF DANGEROUS OR UNHEALTHY CONDITIONS WHICH THE TENANT BELIEVES MAY
   16  AFFECT THE AMOUNT OF RENT DUE.
   17    (6) THE OFFICE OF COURT ADMINISTRATION SELLS INFORMATION  TO  RESIDEN-
   18  TIAL  TENANT  SCREENING  COMPANIES,  WHICH  RESULTS IN THE TENANT'S NAME
   19  APPEARING ON NATIONWIDE REPORTS SOLD BY THESE COMPANIES  TO  PROSPECTIVE
   20  LANDLORDS.    THIS  MAY  RESULT IN A TENANT BEING BLACKLISTED AND HAVING
   21  DIFFICULTIES GETTING ANOTHER APARTMENT. INFORMATION FROM  HOUSING  COURT
   22  CASES MAY ALSO BE OBTAINED BY THE MAJOR CREDIT REPORTING COMPANIES WHICH
   23  MAY AFFECT A TENANT'S CREDIT SCORE.
   24    (7) LEGAL FEES, LATE FEES AND ANY OTHER FEES MAY ONLY BE IMPOSED AFTER
   25  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.
                                                                  LBD00794-01-3
       A. 3550                             2

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