NY State Senate Bill 2017-S1795

Senate Bill S1795

2017-2018 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 10, 2017	referred to judiciary

2017-S1795 (ACTIVE) - Details

See other versions of this Bill:: S7033 ,; A7314 ,
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
2011-2012: S55
2013-2014: S796
2015-2016: S159
2019-2020: S2326

2017-S1795 (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.

2017-S1795 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S1795

 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 :

2016: S159/A1395 - REFERRED TO JUDICIARY/ referred to judiciary
2015: S159/A1395 - REFERRED TO JUDICIARY/ referred to judiciary
2013-2014: S796/A3125 - REFERRED TO JUDICIARY/advanced to third
reading
2011-2012: S55/A2967 - REFERRED TO JUDICIARY/advanced to third reading
2009-2010: S5297/A1494 - ADVANCED TO THIRD READING/advanced to third
reading
2007-2008: A666 - advanced to third reading
2005-2006: S3551 (Andrews)/A9369 - REFERRED TO JUDICIARY/ordered to
third reading

 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.

2017-S1795 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1795
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2017
                                ___________
 
 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.
   §    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.
                                                            LBD00503-01-7

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.