NY State Senate Bill 2013-S796

Senate Bill S796

2013-2014 Legislative Session

Permits New York city department of social services to participate in proceedings in housing part of civil court

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, 2014	referred to judiciary
Jan 09, 2013	referred to judiciary

2013-S796 (ACTIVE) - Details

See Assembly Version of this Bill:: A3125
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: S5297, A1494
2011-2012: S55, A2967
2015-2016: S159, A1395
2017-2018: S1795, S7033, A7314
2019-2020: S2326, A676

2013-S796 (ACTIVE) - Summary

Authorizes the housing part of the civil court of the city of New York on its own motion or on the motion of a party to join the department of social services of the city of New York as a party in any action or proceeding wherein the failure of a recipient of or applicant for public assistance to pay rent is at issue; also permits the court to join the division of adult protective services of the city of New York, where appropriate.

2013-S796 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S796

TITLE OF BILL:
An act
to amend the New York city civil
court act, in relation to the
participation of the department
of social services of the city
of New York in certain actions and
proceedings in the housing part
of such court

PURPOSE OR GENERAL IDEA OF BILL:
This bill would enable the Court to carry out its mandate of resolving
a landlord/tenant dispute in cases where a tenant being sued for
nonpayment of rent, claims that he cannot pay because of denial of
welfare benefits, failure to replace a lost or stolen check, or other
action or inaction on the part of the department of social services.

SUMMARY OF SPECIFIC PROVISIONS:
This bill amends section 110 of the New York city civil court act,
which provides for the joiner in cases in the housing part of civil
court of additional parties, including city departments. The section
as amended, specifically authorizes the Court to bring in the
department of social services on request of any party or on its own
initiative, when public assistance payments to a tenant are at issue

in a case.

JUSTIFICATION:
Many tenants sued for nonpayment of rent in housing court, are welfare
recipients in situations which the dispute actually involves three
parties: landlord, tenant, and the department of social services.
Welfare recipients seeking to replace a missing rent check are
sometimes told by social service employees that a duplicate check can
only be issued if the tenant faces imminent eviction; that is, if the
landlord has already won his case in court. Besides imposing a
hardship on the tenant, this procedure needlessly complicates the
role of both parties as well as the court and the department The
housing court act, designed to set up a system to achieve a complete
resolution of the cases before it, authorized the court to bring in
city agencies as needed. Despite this provision, the courts are
divided as to the power to implead the department of social services
in cases in which it is involved. This bill would make it clear that
such power exists.

PRIOR LEGISLATIVE HISTORY:
2007: A.666
2006: A.9369
2005: A.751
2009: S.5297 - Third Reading, Rules, A 1494 - Third Reading Cal. 18
2010: S.5297 - Judiciary, A.1494 - Third Reading Cal. 657
2011: REFERRED TO JUDICIARY
2012: REFERRED TO JUDICIARY

FISCAL IMPLICATIONS:
None.


LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, and shall govern any action or proceeding pending in the
housing part on the effective date of this act, as well as actions
and proceedings instituted thereafter.

2013-S796 (ACTIVE) - Bill Text download pdf

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

                                   796

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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  the
  participation  of the department of social services of the city of New
  York in certain actions and proceedings in the housing  part  of  such
  court

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision (d) of section 110 of the New York city  civil
court  act,  as  added by chapter 982 of the laws of 1972, is amended to
read as follows:
  (d)  In any of the actions or proceedings specified in subdivision (a)
OF THIS SECTION and on the application of any party, any city department
or the court, on its own motion, may  join  any  other  person  or  city
department  as a party in order to effectuate proper housing maintenance
standards and to promote the public interest.  IN ADDITION TO ANY  OTHER
APPLICATION  OF ITS POWERS UNDER THIS SUBDIVISION, THE COURT MAY, ON THE
APPLICATION OF ANY PARTY OR ON ITS OWN  MOTION,  JOIN  AS  A  PARTY  THE
DEPARTMENT  OF  SOCIAL SERVICES OF THE CITY OF NEW YORK IN ANY ACTION OR
PROCEEDING IN WHICH THE PAYMENT OR NON-PAYMENT OF RENT BY A RECIPIENT OF
OR APPLICANT FOR PUBLIC ASSISTANCE PURSUANT TO THE SOCIAL  SERVICES  LAW
IS  AT  ISSUE,  AND  THE COURT MAY JOIN AS A PARTY THE DIVISION OF ADULT
PROTECTIVE SERVICES OF THE CITY OF  NEW  YORK  IN  ANY  SUCH  ACTION  OR
PROCEEDING, WHERE APPROPRIATE.
  S    2.   This act shall take effect immediately, and shall govern any
action or proceeding pending in the housing part on the  effective  date
of this act, as well as actions and proceedings instituted thereafter.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00260-01-3

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