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.
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.
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.
