S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4974
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation to proceedings to recover possession
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of section 711 of the  real  property
 actions  and  proceedings  law, as amended by chapter 739 of the laws of
 1982, is amended to read as follows:
   [A] NO  TENANT  IN  A  RESIDENTIAL  DWELLING  SHALL  BE  REMOVED  FROM
 POSSESSION  EXCEPT  IN  A  SPECIAL  PROCEEDING OR THROUGH OTHER JUDICIAL
 PROCESS. FOR THE PURPOSES OF THIS ARTICLE, A  tenant  shall  include  an
 occupant  of  one  or  more  rooms in a rooming house or a resident, not
 including a transient occupant, of one or more rooms in a hotel who  has
 been  in possession for thirty consecutive days or longer[; he shall not
 be removed from possession except in a special proceeding].   A  special
 proceeding  may  be  maintained  under  this  article upon the following
 grounds:
   § 2. Subdivision 1 of section 721 of the  real  property  actions  and
 proceedings law, as added by chapter 312 of the laws of 1962, is amended
 to read as follows:
   1.  The  landlord  or  lessor,  PROVIDED,  HOWEVER, THAT NO PERSON MAY
 INSTITUTE A PROCEEDING PURSUANT TO THIS ARTICLE WITH RESPECT TO PREMISES
 LOCATED IN A MULTIPLE DWELLING UNTIL SUCH  TIME  AS  THE  OWNER  OF  THE
 MULTIPLE  DWELLING  HAS  REGISTERED PROPERLY WITH THE AGENCY RESPONSIBLE
 FOR CODE ENFORCEMENT, IN ACCORDANCE WITH THE PROVISIONS OF SECTION THREE
 HUNDRED OF THE MULTIPLE RESIDENCE LAW OR SECTION THREE  HUNDRED  OF  THE
 MULTIPLE DWELLING LAW.
   §  3.  Subdivision  1  of section 731 of the real property actions and
 proceedings law, as amended by chapter 563  of  the  laws  of  1994,  is
 amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05462-01-7

 A. 4974                             2
 
   1.  The  special  proceeding  prescribed  by  this  article  shall  be
 commenced by petition and a notice of petition  PREPARED  IN  ACCORDANCE
 WITH RULES APPROVED BY THE APPELLATE DIVISION WITH JURISDICTION OVER THE
 PROCEEDINGS.  SUCH  RULES  SHALL PROVIDE FOR THE USE OF LANGUAGE THAT IS
 DESIGNED TO BE UNDERSTOOD BY THE RESPONDENT IN THE PROCEEDING. THE PETI-
 TION  SHALL INCLUDE SUCH OTHER NOTICE OF THE RIGHTS OF THE RESPONDENT AS
 MAY BE DEEMED APPROPRIATE, INCLUDING A STATEMENT THAT A FORM  ANSWER  IS
 AVAILABLE  FROM  THE  CLERK  OF THE COURT.   A notice of petition may be
 issued only by an attorney, judge or the clerk of the court; it may  not
 be issued by a party prosecuting the proceeding in person.
   § 4. Section 741 of the real property actions and proceedings  law, as
 added  by  chapter  312  of  the  laws of 1962, the opening paragraph as
 amended by chapter 583 of the laws of 1979 and subdivision 5 as  amended
 by chapter 302 of the laws of 1976, is amended to read as follows:
   §  741.   Contents of petition.  The petition shall be verified by the
 person authorized by section seven hundred twenty-one OF THIS ARTICLE to
 maintain the proceeding; or by a legal representative, attorney or agent
 of such person pursuant to subdivision (d) of section  [thirty  hundred]
 THREE  THOUSAND twenty of the civil practice law and rules.  An attorney
 of such person  may  verify  the  petition  on  information  and  belief
 notwithstanding  the  fact  that  such person is in the county where the
 attorney has his office.  Every petition shall:
   1.  State the interest of the petitioner in the  premises  from  which
 removal is sought.
   2.   State the respondent's interest in the premises and his relation-
 ship to petitioner with regard thereto.
   3.  Describe the premises from which removal is sought.
   4. STATE WHETHER THERE ARE ANY VIOLATIONS OF ANY STATE OR LOCAL  HOUS-
 ING  CODES  WHICH REMAIN OUTSTANDING ON THE PREMISES OR COMMON AREAS. IN
 CITIES WITH A POPULATION OF ONE MILLION OR MORE, OR IN ANY  MUNICIPALITY
 IN  WHICH  HOUSING CODE VIOLATIONS ARE CLASSIFIED BY DEGREE OF THREAT TO
 HEALTH AND SAFETY, THE PETITION SHALL ITEMIZE ANY SUCH VIOLATIONS  WHICH
 HAVE  BEEN  IDENTIFIED  BY THE APPLICABLE CODE ENFORCEMENT AGENCY IN ITS
 NOTICE OF VIOLATION AS BEING  "HAZARDOUS",  "IMMEDIATELY  HAZARDOUS"  OR
 WHICH  HAVE  BEEN  OTHERWISE  CATEGORIZED  AS CONSTITUTING A SERIOUS, OR
 IMMINENT, THREAT TO HEALTH AND SAFETY OR REQUIRING IMMEDIATE REPAIR.
   5. STATE WHETHER THE PETITIONER HAS BEEN NOTIFIED BY THE LOCAL DEPART-
 MENT OF SOCIAL SERVICES THAT PAYMENT FOR RENT IS BEING WITHHELD PURSUANT
 TO SECTION ONE HUNDRED FORTY-THREE-B OF THE SOCIAL SERVICES LAW FOR  ANY
 PORTION OF THE PREMISES.
   6.  WITH RESPECT TO PREMISES SUBSIDIZED DIRECTLY OR INDIRECTLY UNDER A
 STATE OR FEDERAL PROGRAM  WHICH  REQUIRES  THAT  CONDITIONS  BE  MET  IN
 CONNECTION  WITH  LEASE  TERMINATION  OR EVICTION, STATE THE NAME OF THE
 PROGRAM, THE NAME OF THE AGENCY CHARGED WITH SUPERVISION AND WHETHER THE
 PETITIONER HAS COMPLIED  WITH  ALL  APPLICABLE  RULES,  REGULATIONS  AND
 ADMINISTRATIVE  HEARING REQUIREMENTS AND HAS SERVED ALL NOTICES REQUIRED
 IN CONNECTION WITH LEASE TERMINATION OR EVICTION  FROM  THAT  PUBLIC  OR
 SUBSIDIZED HOUSING PROGRAM.
   7.  State the facts upon which the special proceeding is based.
   [5.]  8.   State the relief sought.  The relief may include a judgment
 for rent due, and for a period of occupancy during which no rent is due,
 for the fair value of use and occupancy of the premises if the notice of
 petition contains a notice that a demand for such a  judgment  has  been
 made.
   ANY  WILLFUL  MATERIAL MISSTATEMENT OR OMISSION BY THE PETITIONER WITH
 RESPECT TO THE REQUIREMENTS OF THIS SECTION SHALL SUBJECT THE PETITIONER

 A. 4974                             3
 
 TO A CIVIL PENALTY, NOT TO EXCEED ONE THOUSAND DOLLARS, TO  BE  ASSESSED
 IN  THE EVICTION PROCEEDING OR IN A SUBSEQUENT PLENARY ACTION. THE PETI-
 TIONER MAY REQUEST LEAVE OF THE COURT TO  AMEND  THE  PETITION  FOR  THE
 PURPOSE OF CORRECTING MATERIAL MISSTATEMENTS OR CURING OMISSIONS. IN THE
 EVENT  LEAVE  TO  AMEND  IS GRANTED, THE RESPONDENT SHALL BE PROVIDED AN
 ADJOURNMENT TO RESPOND OF NOT LESS  THAN  TEN  DAYS  FROM  THE  DATE  OF
 SERVICE  OF  THE  AMENDED PETITION. A PETITIONER SHALL BE DEEMED TO HAVE
 MADE A MATERIAL MISSTATEMENT OR OMISSION WITH RESPECT  TO  THE  REQUIRE-
 MENTS  OF  SUBDIVISION FOUR OF THIS SECTION UPON SUBMISSION TO THE COURT
 OF CERTIFIED RECORDS, OR OTHERWISE PROPERLY  AUTHENTICATED  RECORDS,  OF
 THE   LOCAL  AGENCY  OR  AGENCIES  CHARGED  WITH  CODE  COMPLIANCE  THAT
 VIOLATIONS OF APPLICABLE CODES, OTHER THAN TENANT CAUSED OR HOUSEKEEPING
 AS DETERMINED BY THE COURT, WERE OUTSTANDING AT THE TIME OF THE  VERIFI-
 CATION  OF  THE  PETITION  WHICH  WERE NOT DESCRIBED THEREIN. A MATERIAL
 MISSTATEMENT SHALL BE DEEMED WILLFUL UNLESS THE PETITIONER CAN ESTABLISH
 BY A PREPONDERANCE OF THE EVIDENCE THAT SUCH MISSTATEMENT WAS NOT  WILL-
 FUL. IN ADDITION TO THE FOREGOING, IN THE EVENT THAT AN EVICTION WARRANT
 IS  EXECUTED IN A PROCEEDING IN WHICH A WILLFUL MATERIAL MISSTATEMENT IS
 MADE, THE RESPONDENT SHALL BE ENTITLED TO DAMAGES  NOT  EXCEEDING  THREE
 TIMES  THE  COSTS  INCURRED AS A RESULT OF THE EVICTION UNLESS THE PETI-
 TIONER CAN ESTABLISH THAT THE EVICTION WOULD HAVE BEEN JUSTIFIED REGARD-
 LESS OF THE MISSTATEMENT.
   § 5. Section 743 of the real property actions and proceedings law,  as
 amended  by  chapter  644  of  the  laws  of 2003, is amended to read as
 follows:
   § 743. Answer. Except as provided in section [732] SEVEN HUNDRED THIR-
 TY-TWO OF THIS ARTICLE, relating to  a  proceeding  for  non-payment  of
 rent,  at  the  time when the petition is to be heard the respondent, or
 any person in possession or claiming possession  of  the  premises,  may
 answer, orally or in writing. If the answer is oral the substance there-
 of  shall  be  recorded  by  the  clerk or, if a particular court has no
 clerk, by the presiding judge or justice of such court,  and  maintained
 in  the  case record. A FORM ANSWER, IN A FORM APPROVED BY THE APPELLATE
 DIVISION WITH JURISDICTION OVER THE PROCEEDING, SHALL BE MADE  AVAILABLE
 TO  THE  RESPONDENT  BY  THE  CLERK  OF THE COURT. THE FORM ANSWER SHALL
 INCLUDE POSSIBLE DEFENSES TO THE PROCEEDING, INCLUDING BUT  NOT  LIMITED
 TO  DEFENSES  ESTABLISHED  BY  SECTIONS TWO HUNDRED TWENTY-THREE AND TWO
 HUNDRED THIRTY-FIVE-B OF THE REAL  PROPERTY  LAW,  SECTION  ONE  HUNDRED
 FORTY-THREE-B  OF  THE  SOCIAL  SERVICES  LAW  AND SECTION THREE HUNDRED
 FIVE-A OF THE MULTIPLE RESIDENCE LAW. If  the  notice  of  petition  was
 served at least eight days before the time at which it was noticed to be
 heard  and  it  so demands, the answer shall be made at least three days
 before the time the petition is noticed to be heard and, if in  writing,
 it shall be served within such time; whereupon any reply shall be served
 at  least  one day before such time. The answer may contain any legal or
 equitable defense, or counterclaim. The  court  may  render  affirmative
 judgment for the amount found due on the counterclaim.
   §  6.  Subdivision  1  of section 745 of the real property actions and
 proceedings law, as amended by chapter 403  of  the  laws  of  1983,  is
 amended to read as follows:
    1.  Where  triable  issues of fact are raised, they shall be tried by
 the court unless, at the time the petition is noticed  to  be  heard,  a
 party  demands  a  trial  by jury, in which case trial shall be by jury.
 WHEN THE PETITION INDICATES PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION
 SEVEN HUNDRED FORTY-ONE OF THIS ARTICLE, THAT THERE ARE OUTSTANDING CODE
 VIOLATIONS,  THE COURT SHALL INQUIRE REGARDING THE DURATION AND SEVERITY

 A. 4974                             4
 
 OF THE OUTSTANDING  VIOLATIONS  AND  MAY  STAY  THE  PROCEEDING  PENDING
 REMOVAL  OF  THE  VIOLATIONS  IN  ACCORDANCE  WITH SECTION SEVEN HUNDRED
 FIFTY-FIVE OF THIS ARTICLE, OR MAKE OTHER DISPOSITION OF THE  PROCEEDING
 INCLUDING GRANTING A TOTAL OR PARTIAL ABATEMENT OF RENT, OR DISMISSAL OF
 THE  PROCEEDING,  AS  APPROPRIATE.  At the time when issue is joined the
 court, in its discretion at the request of either party and  upon  proof
 to its satisfaction by affidavit or orally that an adjournment is neces-
 sary  to  enable the applicant to procure his necessary witnesses, or by
 consent of all the parties who appear, may  adjourn  the  trial  of  the
 issue, but not more than ten days, except by consent of all parties.
   §  7. Section 749 of the real property actions and proceedings  law is
 amended by adding two new subdivisions 4 and 5 to read as follows:
   4. THE NOTICE DESCRIBED IN  SUBDIVISION  TWO  OF  THIS  SECTION  SHALL
 INCLUDE  A  STATEMENT ADVISING THE RESPONDENT THAT ASSISTANCE TO PREVENT
 THE EVICTION OR OTHERWISE TO PREVENT THE RESPONDENT FROM BECOMING  HOME-
 LESS  MAY  BE AVAILABLE FROM THE LOCAL DEPARTMENT OF SOCIAL SERVICES AND
 SHALL INCLUDE THE PHONE NUMBER PROVIDED TO THE  ENFORCEMENT  OFFICER  BY
 ANY PRIVATE OR PUBLIC AGENCY PROVIDING SUCH ASSISTANCE AT THE REQUEST OF
 SUCH  AGENCY.  REFERRAL  TO  LEGAL  AID,  LEGAL  SERVICES OR OTHER LEGAL
 ASSISTANCE OFFICES SHALL ALSO BE INCLUDED ON SUCH NOTICES AT THE REQUEST
 OF SUCH OFFICES. IN A PROCEEDING BASED  UPON  NON-PAYMENT,  SUCH  NOTICE
 SHALL  ALSO  ADVISE  THE  RESPONDENT OF THE RENT DETERMINED DUE TOGETHER
 WITH TAXES, ASSESSMENTS, INTEREST, PENALTIES  AND  COSTS  IN  ACCORDANCE
 WITH THE PROVISION OF SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIFTY-ONE
 OF  THIS ARTICLE, AND SHALL ADVISE THE RESPONDENT OF THE AMOUNT REQUIRED
 AND PROCEDURE FOR PAYMENT.
   5. UPON WRITTEN OR ORAL NOTIFICATION TO THE OFFICER BY  AN  AUTHORIZED
 REPRESENTATIVE OF THE LOCAL DEPARTMENT OF SOCIAL SERVICES THAT AN APPLI-
 CATION  FOR  ASSISTANCE  TO PREVENT EVICTION IS PENDING ON BEHALF OF THE
 RESPONDENT HOUSEHOLD, THE OFFICER SHALL REFRAIN FROM  EXECUTION  OF  THE
 WARRANT  UNTIL  SUCH  TIME  AS  THAT  OFFICER  IS  ADVISED BY THE SOCIAL
 SERVICES OFFICIAL OF THE DETERMINATION OF  SUCH  APPLICATION,  PROVIDED,
 HOWEVER,  THAT  THE  SOCIAL SERVICES DISTRICT SHALL GUARANTEE PAYMENT TO
 THE PETITIONER FOR ANY ADDITIONAL RENT ACCRUING DURING THIS PERIOD TO BE
 CALCULATED ON A PRO-RATA BASIS FOR THE NUMBER OF DAYS  DELAY  OCCASIONED
 BY THE OPERATION OF THIS PROVISION.
   §  8.  The  opening  paragraph and subdivision 1 of section 751 of the
 real property actions and proceedings  law, as added by chapter  312  of
 the laws of 1962, are amended to read as follows:
    The  respondent  may,  at  any  time  before  a  warrant  is [issued]
 EXECUTED,  stay  the  [issuing]  EXECUTION  thereof  and  also  stay  an
 execution to collect the costs, as follows:
   1.    Where  the  lessee  or  tenant holds over after a default in the
 payment of rent, or of taxes or assessments, he may  effect  a  stay  by
 depositing  the  amount of the rent due or of such taxes or assessments,
 and interest and penalty, if any thereon  due,  and  the  costs  of  the
 special  proceeding, with the clerk of the court, or where the office of
 clerk is not provided for, with the court,  who  shall  thereupon,  upon
 demand,  pay  the amount deposited to the petitioner or his duly author-
 ized agent; or by delivering to the  court  or  clerk  [his]  A  WRITTEN
 ASSURANCE  BY  AN  AUTHORIZED  REPRESENTATIVE OF THE LOCAL DEPARTMENT OF
 SOCIAL SERVICES OR AN undertaking to the petitioner in such sum  as  the
 court  approves to the effect that [he will pay] the rent[, or] DUE WILL
 BE PAID TOGETHER WITH such taxes or assessments, and interest and penal-
 ty and costs within ten days, at the expiration of which time a  warrant

 A. 4974                             5
 
 may issue, unless [he] THE RESPONDENT produces to the court satisfactory
 evidence of the payment.
   § 9. This act shall take effect on the first of February next succeed-
 ing  the  date  on  which  it shall have become a law and shall apply to
 actions and proceedings commenced  on  or  after  such  effective  date,
 provided,  however,  that  effective immediately, all actions and proce-
 dures with respect to the proposed adoption,  amendment,  suspension  or
 repeal  of any rule or regulation necessary to the timely implementation
 of this act on its effective date are directed and authorized to be made
 and completed on or before such effective date.