S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11138
 
                           I N  A S S E M B L Y
 
                             November 6, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Magnarelli)
   -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  special  proceedings  by  tenants for judgment directing
   repairs of conditions and other relief in residential  real  property;
   and  to  amend  the uniform city court act, the uniform district court
   act, and the uniform justice act, in relation to  summary  proceedings
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new article 7-C to read as follows:
                                ARTICLE 7-C
     SPECIAL PROCEEDINGS BY TENANTS FOR JUDGMENT DIRECTING REPAIRS OF
   CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL PROPERTY CONSTITUTING
     VIOLATION OF APPLICABLE LOCAL OR STATE HOUSING STANDARDS OR REAL
           PROPERTY LAW § 235-B AND ANY OTHER APPROPRIATE RELIEF
 SECTION 797.   JURISDICTION; COURTS; VENUE.
         797-A. PERSON WHO MAY MAINTAIN PROCEEDING.
         797-B. RESPONDENT.
         797-C. COMMENCEMENT; NOTICE OF PETITION; PETITION.
         797-D. TIME OF SERVICE; ORDER TO SHOW CAUSE.
         797-E. MANNER OF SERVICE OF NOTICE  OF  PETITION  AND  PETITION;
                  WHEN SERVICE COMPLETE.
         797-F. CONTENTS OF THE PETITION.
         797-G. NOTICE TO LOCAL HOUSING STANDARD ENFORCEMENT AGENCY.
         797-H. ANSWER.
         797-I. TRIAL.
         797-J. JUDGMENT.
   §  797. JURISDICTION; COURTS; VENUE. 1. A SPECIAL PROCEEDING FOR JUDG-
 MENT DIRECTING REPAIRS OF CONDITIONS AND  OTHER  RELIEF  IN  RESIDENTIAL
 REAL PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL AND STATE HOUS-
 ING  STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15619-01-0

 A. 11138                            2
 
 LAW MAY BE MAINTAINED IN A COUNTY COURT, JUSTICE COURT, DISTRICT  COURT,
 OR CITY COURT.
   2.  THE  PLACE  OF TRIAL OF THE SPECIAL PROCEEDING SHALL BE WITHIN THE
 JURISDICTIONAL AREA OF THE COURT IN WHICH THE RESIDENTIAL REAL  PROPERTY
 OR A PORTION THEREOF IS SITUATED.
   §  797-A. PERSON WHO MAY MAINTAIN PROCEEDING. 1. THE PROCEEDING MAY BE
 MAINTAINED BY ANY PARTY, KNOWN HEREIN AS A TENANT, WHO IS AN OCCUPANT OF
 RESIDENTIAL REAL PROPERTY FOR THIRTY CONSECUTIVE DAYS OR LONGER UNDER AN
 AGREEMENT NOT CREATED BY DEED.
   2. THE PROCEEDING MAY BE MAINTAINED BY ONE OR MORE TENANTS OF A  RESI-
 DENTIAL PROPERTY.
   § 797-B. RESPONDENT. THE FOLLOWING MAY BE NAMED AS A RESPONDENT:
   1.  THE  PERSON, CORPORATION, LIMITED LIABILITY COMPANY, GENERAL PART-
 NERSHIP, LIMITED PARTNERSHIP, OR ANY OTHER ENTITY HOLDING TITLE  TO  THE
 REAL PROPERTY.
   2. THE PERSON OR ORGANIZATION LISTED ON ANY STATE OR LOCAL RESIDENTIAL
 REGISTRATION STATEMENT.
   3.  ANYONE  WHO  HOLDS  THEMSELVES  OUT AS LANDLORD BY SUCH ACTIONS AS
 COLLECTING RENT, MAKING REPAIRS, SIGNING LEASES, OR OTHER SUCH CONDUCT.
   4. A PUBLIC HOUSING AUTHORITY OR A  GOVERNMENTAL  BODY  THAT  OWNS  OR
 MANAGES THE PROPERTY.
   § 797-C. COMMENCEMENT; NOTICE OF PETITION; PETITION. 1. THE PROCEEDING
 SHALL  BE  COMMENCED  BY THE FILING OF A NOTICE OF PETITION AND PETITION
 WITH THE CLERK OF THE COURT. A NOTICE OF PETITION MAY BE  ISSUED  BY  AN
 ATTORNEY, JUDGE, OR CLERK OF THE COURT.
   2.  THE  NOTICE  OF  PETITION  SHALL SPECIFY THE TIME AND PLACE OF THE
 HEARING ON THE PETITION AND STATE THAT IF THE RESPONDENT SHALL  FAIL  TO
 APPEAR  AT  SUCH TIME AND PLACE TO INTERPOSE ANY DEFENSE, THE RESPONDENT
 MAY BE PRECLUDED FROM ASSERTING SUCH DEFENSE.
   3. THE OFFICE OF COURT ADMINISTRATION SHALL  PROMULGATE  SIMPLE  FORMS
 THAT TENANT-PETITIONERS MAY USE TO COMMENCE THE SPECIAL PROCEEDINGS.
   4.  COURT  CLERKS  SHALL  BE  CHARGED  WITH  ASSISTING  PETITIONERS TO
 COMPLETE AND SERVE THE NOTICE OF PETITION AND PETITION TO  COMMENCE  THE
 SPECIAL PROCEEDING.
   §  797-D. TIME OF SERVICE; ORDER TO SHOW CAUSE. 1. THE NOTICE OF PETI-
 TION AND PETITION SHALL BE SERVED AT LEAST TEN AND NOT MORE THAN  SEVEN-
 TEEN DAYS BEFORE THE TIME AT WHICH THE PETITION IS TO BE HEARD.
   2.  THE COURT MAY GRANT AN ORDER TO SHOW CAUSE TO BE SERVED IN LIEU OF
 A NOTICE OF PETITION AT A TIME AND IN A MANNER SPECIFIED THEREIN.
   § 797-E. MANNER OF SERVICE OF NOTICE OF PETITION  AND  PETITION;  WHEN
 SERVICE  COMPLETE.  1.  PERSONAL  SERVICE  UPON  A NATURAL PERSON MAY BE
 COMPLETED IN THE MANNER IN WHICH A SUMMONS IS SERVED UNDER SECTION THREE
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   2. PERSONAL SERVICE UPON A PARTNERSHIP MAY BE COMPLETED IN A MANNER IN
 WHICH A SUMMONS IS SERVED UNDER  SECTIONS  THREE  HUNDRED  EIGHT,  THREE
 HUNDRED TEN OR THREE HUNDRED TEN-A OF THE CIVIL PRACTICE LAW AND RULES.
   3.  PERSONAL  SERVICE ON A CORPORATION MAY BE COMPLETED IN A MANNER IN
 WHICH A SUMMONS IS SERVED UNDER SECTION  THREE  HUNDRED  ELEVEN  OF  THE
 CIVIL PRACTICE LAW AND RULES.
   4.  PERSONAL SERVICE UPON A LIMITED LIABILITY COMPANY MAY BE COMPLETED
 IN A MANNER IN WHICH A SUMMONS IS SERVED  UNDER  SECTION  THREE  HUNDRED
 ELEVEN-A OF THE CIVIL PRACTICE LAW AND RULES.
   5.  IN THE ALTERNATIVE, PERSONAL SERVICE MAY BE COMPLETED BY THE COURT
 CLERK ON  ANY  NATURAL  PERSON,  PARTNERSHIP,  CORPORATION,  OR  LIMITED
 LIABILITY  COMPANY  BY  MAILING  THE  NOTICE OF PETITION AND PETITION BY
 CERTIFIED AND FIRST-CLASS MAIL TO AN ADDRESS WHERE  LOCAL  PROPERTY  TAX

 A. 11138                            3
 
 BILLS ARE SENT. IF THE JURISDICTION IN WHICH THE COURT SITS HAS A RENTAL
 REGISTRY REQUIREMENT, SERVICE MAY BE COMPLETED BY MAILING TO THE ADDRESS
 FOR THE REAL PROPERTY IN THE REGISTRY.
   6.  PROOF OF SERVICE SHALL BE FILED WITH THE CLERK OF THE COURT WITHIN
 THREE DAYS THEREAFTER. PERSONAL  SERVICE  ON  THE  RESPONDENT  SHALL  BE
 COMPLETE UPON PERSONAL DELIVERY. ANY AUTHORIZED MAIL SERVICE PURSUANT TO
 THIS SUBDIVISION SHALL BE COMPLETE UPON THE FILING OF PROOF OF SERVICE.
   §  797-F.  CONTENTS OF THE PETITION. 1. THE PETITION SHALL BE VERIFIED
 BY THE PERSON AUTHORIZED TO MAINTAIN THE PROCEEDING UNDER SECTION  SEVEN
 HUNDRED  NINETY-SEVEN-A  OF  THIS  ARTICLE OR BY A LEGAL REPRESENTATIVE,
 ATTORNEY, OR AGENT OF SUCH PERSON PURSUANT TO RULE THREE HUNDRED  TWENTY
 OF  THE  CIVIL  PRACTICE  LAW AND RULES. THE ATTORNEY OF SUCH PERSON MAY
 VERIFY UPON INFORMATION AND BELIEF.
   2. EVERY PETITION SHALL:
   A. STATE THE INTEREST OF THE PETITIONER  IN  THE  PREMISES  FOR  WHICH
 RELIEF UNDER THIS ARTICLE IS SOUGHT;
   B. DESCRIBE THE PREMISES THAT IS THE SUBJECT OF THE PETITION;
   C. STATE THE FACTS UPON WHICH THE SPECIAL PROCEEDING IS BASED, INCLUD-
 ING THOSE CONDITIONS CONSTITUTING VIOLATION OF APPLICABLE STATE OR LOCAL
 HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROP-
 ERTY LAW; AND
   D.  STATE  THE  RELIEF  SOUGHT.  SUCH  RELIEF  MAY INCLUDE AN ORDER TO
 REPAIR, A MONETARY JUDGMENT IN FAVOR OF PETITIONER FOR DIMINISHED  VALUE
 OF  REAL  PROPERTY,  AND  AN ORDER REDUCING FUTURE RENT UNTIL VIOLATIONS
 HAVE BEEN CURED.
   § 797-G. NOTICE TO LOCAL  HOUSING  STANDARD  ENFORCEMENT  AGENCY.  THE
 CLERK OF THE COURT SHALL MAIL A COPY OF THE FILED NOTICE OF PETITION AND
 PETITION  TO  THE  APPROPRIATE  GOVERNMENT AGENCY CHARGED WITH ENFORCING
 LOCAL OR STATE HOUSING STANDARDS WITHIN THE COURT'S JURISDICTION.
   § 797-H. ANSWER. AT OR PRIOR TO THE TIME THE PETITION IS TO  BE  HEARD
 THE  RESPONDENT  MAY  ANSWER ORALLY OR IN WRITING. IF THE ANSWER IS ORAL
 THE SUBSTANCE THEREOF 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. THE ANSWER MAY CONTAIN ANY LEGAL OR EQUI-
 TABLE DEFENSE.
   § 797-I. TRIAL. 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. AT THE TIME WHEN ISSUE IS JOINED, THE COURT,  AT  THE  REQUEST  OF
 EITHER  PARTY  SHALL ADJOURN THE TRIAL OF THE ISSUE, NOT LESS THAN FOUR-
 TEEN DAYS, EXCEPT BY CONSENT OF ALL PARTIES. A PARTY'S SECOND OR  SUBSE-
 QUENT  REQUEST  FOR  ADJOURNMENT  SHALL  BE  GRANTED IN THE COURT'S SOLE
 DISCRETION.
   § 797-J. JUDGMENT. 1. THE COURT SHALL DIRECT THAT  FINAL  JUDGMENT  BE
 ENTERED DETERMINING THE RIGHTS OF THE PARTIES.
   2. THE JUDGMENT MAY INCLUDE:
   A.  AN ORDER TO REPAIR CONDITIONS CONSTITUTING VIOLATION OF APPLICABLE
 LOCAL AND STATE HOUSING STANDARDS OR SECTION TWO  HUNDRED  THIRTY-FIVE-B
 OF THE REAL PROPERTY LAW;
   B.  A  MONETARY JUDGMENT IN FAVOR OF THE PETITIONER FOR THE DIMINISHED
 VALUE OF THE REAL PROPERTY RESULTING FROM VIOLATION OF APPLICABLE  LOCAL
 AND  STATE HOUSING STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE
 REAL PROPERTY LAW;
   C. A REDUCTION IN FUTURE RENT FOR THE DIMINISHED  VALUE  OF  THE  REAL
 PROPERTY  RESULTING FROM VIOLATION OF APPLICABLE LOCAL AND STATE HOUSING
 STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY  LAW

 A. 11138                            4
 
 UNTIL  SUCH  TIME  THAT,  TO THE COURT'S SATISFACTION, THE VIOLATION HAS
 BEEN CURED; AND
   D. ANY OTHER RELIEF THAT THE COURT MAY DEEM JUST.
   §  2.  Section 204 of the uniform city court act is amended to read as
 follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession of real property located in whole or in part within the city,
 to remove tenants therefrom, and to render judgment for rent due without
 regard   to  amount.  THE  COURT  SHALL  HAVE  JURISDICTION  OF  SUMMARY
 PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY ACTIONS
 AND PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED  IN  WHOLE  OR  IN
 PART WITHIN THE CITY, AND RENDER RELIEF AUTHORIZED THEREIN.
   §  3. Section 204 of the uniform district court act is amended to read
 as follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession  of  real  property  located  in  whole  or  in part within a
 district of the court in the county, to remove tenants therefrom, and to
 render judgment for rent due without regard to amount. THE  COURT  SHALL
 HAVE JURISDICTION OF SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C
 OF  THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW RELATING TO REAL PROP-
 ERTY LOCATED IN WHOLE OR IN PART WITHIN THE DISTRICT, AND RENDER  RELIEF
 AUTHORIZED THEREIN.
   §  4.  Section 204 of the uniform justice court act is amended to read
 as follows:
 § 204. Summary proceedings.
   The court shall have jurisdiction of summary  proceedings  to  recover
 possession of real property located in whole or in part within the muni-
 cipality,  to  remove tenants therefrom, and to render judgment for rent
 due without regard to amount.  THE  COURT  SHALL  HAVE  JURISDICTION  OF
 SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY
 ACTIONS  AND  PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED IN WHOLE
 OR IN PART WITHIN THE MUNICIPALITY, AND RENDER RELIEF AUTHORIZED  THERE-
 IN.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.