Assembly Bill A6985B

2019-2020 Legislative Session

Relates to requiring a certificate of merit in proceedings to recover possession of real property

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • 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

Bill Amendments

co-Sponsors

2019-A6985 - Details

See Senate Version of this Bill:
S4723
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §403-a, CPLR
Versions Introduced in Other Legislative Sessions:
2021-2022: A3300, S923
2023-2024: A2883, S6494

2019-A6985 - Summary

Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; and provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.

2019-A6985 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6985
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing a certificate of merit in proceedings  to  recover  possession  of
   real property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 403-a to read as follows:
   § 403-A. CERTIFICATE OF MERIT IN PROCEEDINGS TO RECOVER POSSESSION  OF
 REAL  PROPERTY.  (A)  IN  ANY PROCEEDING UNDER ARTICLE SEVEN OF THE REAL
 PROPERTY ACTIONS AND PROCEEDINGS LAW, THE PETITION SHALL BE  ACCOMPANIED
 BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR PETITIONER, CERTIFYING THAT
 THE  ATTORNEY  HAS  REVIEWED  THE  FACTS  OF THE CASE AND THAT, BASED ON
 CONSULTATION  WITH  REPRESENTATIVES  OF  PETITIONER  IDENTIFIED  IN  THE
 CERTIFICATE  AND THE ATTORNEY'S REVIEW OF PERTINENT DOCUMENTS, INCLUDING
 THE LEASE, RENTAL RECORDS IN AN ACTION BASED ON NON-PAYMENT OF RENT, AND
 ANY DOCUMENTS THAT ESTABLISH ANY GROUNDS FOR EVICTION, TO  THE  BEST  OF
 SUCH  ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A REASONABLE
 BASIS FOR THE COMMENCEMENT OF SUCH ACTION. IF NOT ATTACHED TO THE NOTICE
 OF PETITION AND PETITION, A COPY OF THE LEASE, IF  ANY,  AND  ANY  OTHER
 DOCUMENT  RELEVANT  TO  THE  CLAIMS  OF PETITIONER, AND WHICH PETITIONER
 INTENDS TO USE AS EVIDENCE AT TRIAL, SHALL BE ATTACHED  TO  THE  CERTIF-
 ICATE.
   (B) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
 CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION  EVEN  IF MORE THAN ONE
 RESPONDENT HAS BEEN NAMED IN THE PETITION OR IS SUBSEQUENTLY NAMED.
   (C) WHERE THE DOCUMENTS REQUIRED UNDER SUBDIVISION (A) OF THIS SECTION
 ARE NOT ATTACHED TO THE NOTICE  OF  PETITION  AND  PETITION  OR  TO  THE
 CERTIFICATE, THE ATTORNEY FOR THE PETITIONER SHALL ATTACH TO THE CERTIF-
 ICATE  SUPPLEMENTAL  AFFIDAVITS  BY  SUCH  ATTORNEY OR REPRESENTATIVE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A6985A - Details

See Senate Version of this Bill:
S4723
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §403-a, CPLR
Versions Introduced in Other Legislative Sessions:
2021-2022: A3300, S923
2023-2024: A2883, S6494

2019-A6985A - Summary

Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; and provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.

2019-A6985A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6985--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M. of A. EPSTEIN, ORTIZ, SANTABARBARA, JACOBSON, D'URSO,
   HUNTER, BLAKE, BARRON -- read once and referred to  the  Committee  on
   Judiciary  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing a certificate of merit in proceedings  to  recover  possession  of
   real property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 403-a to read as follows:
   § 403-A. CERTIFICATE OF MERIT IN PROCEEDINGS TO RECOVER POSSESSION  OF
 REAL  PROPERTY.  (A)  IN  ANY PROCEEDING UNDER ARTICLE SEVEN OF THE REAL
 PROPERTY ACTIONS AND PROCEEDINGS LAW, THE PETITION SHALL BE  ACCOMPANIED
 BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR PETITIONER, CERTIFYING THAT
 THE  ATTORNEY  HAS  REVIEWED  THE  FACTS  OF THE CASE AND THAT, BASED ON
 CONSULTATION  WITH  REPRESENTATIVES  OF  PETITIONER  IDENTIFIED  IN  THE
 CERTIFICATE  AND THE ATTORNEY'S REVIEW OF PERTINENT DOCUMENTS, INCLUDING
 THE LEASE, RENTAL RECORDS IN AN ACTION BASED ON NON-PAYMENT OF RENT, AND
 ANY DOCUMENTS THAT ESTABLISH ANY GROUNDS FOR EVICTION, TO  THE  BEST  OF
 SUCH  ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A REASONABLE
 BASIS FOR THE COMMENCEMENT OF SUCH ACTION. IF NOT ATTACHED TO THE NOTICE
 OF PETITION AND PETITION, A COPY OF THE LEASE, IF  ANY,  AND  ANY  OTHER
 DOCUMENT  RELEVANT  TO  THE  CLAIMS  OF PETITIONER, AND WHICH PETITIONER
 INTENDS TO USE AS EVIDENCE AT TRIAL, SHALL BE ATTACHED  TO  THE  CERTIF-
 ICATE.
   (B)  IF  THE PETITIONER HAS INITIATED THE PROCEEDING PRO SE, THE PETI-
 TION SHALL BE ACCOMPANIED BY AN AFFIDAVIT, SIGNED BY THE PETITIONER. THE
 AFFIDAVIT SHALL INCLUDE BUT NOT BE LIMITED TO THE FACTS OF THE CASE  AND
 THE GROUNDS FOR EVICTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10928-02-9

co-Sponsors

2019-A6985B (ACTIVE) - Details

See Senate Version of this Bill:
S4723
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §403-a, CPLR
Versions Introduced in Other Legislative Sessions:
2021-2022: A3300, S923
2023-2024: A2883, S6494

2019-A6985B (ACTIVE) - Summary

Relates to requiring a certificate of merit in proceedings to recover possession of real property; requires the petition shall be accompanied by a certificate, signed by the attorney for the petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of the petitioner identified in the certificate and the attorney's review of pertinent documents, there is a reasonable basis for the commencement of such action; and provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.

2019-A6985B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6985--B
                                                         Cal. No. 537
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M. of A. EPSTEIN, ORTIZ, SANTABARBARA, JACOBSON, D'URSO,
   HUNTER, BLAKE,  BARRON,  SIMON,  GOTTFRIED,  L. ROSENTHAL,  SEAWRIGHT,
   MAGNARELLI,  GLICK,  MOSLEY,  COOK  --  read  once and referred to the
   Committee on Judiciary -- committee discharged, bill amended,  ordered
   reprinted  as  amended  and  recommitted to said committee -- reported
   from committee, advanced to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the civil practice law and rules, in relation to requir-
   ing  a  certificate  of  merit in proceedings to recover possession of
   real property
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 403-a to read as follows:
   §  403-A. CERTIFICATE OF MERIT IN PROCEEDINGS TO RECOVER POSSESSION OF
 REAL PROPERTY. (A) IN ANY PROCEEDING UNDER ARTICLE  SEVEN  OF  THE  REAL
 PROPERTY  ACTIONS AND PROCEEDINGS LAW, THE PETITION SHALL BE ACCOMPANIED
 BY A CERTIFICATE, SIGNED BY THE ATTORNEY FOR PETITIONER, CERTIFYING THAT
 THE ATTORNEY HAS REVIEWED THE FACTS OF  THE  CASE  AND  THAT,  BASED  ON
 CONSULTATION  WITH  REPRESENTATIVES  OF  PETITIONER  IDENTIFIED  IN  THE
 CERTIFICATE AND THE ATTORNEY'S REVIEW OF PERTINENT DOCUMENTS,  INCLUDING
 THE LEASE, RENTAL RECORDS IN AN ACTION BASED ON NON-PAYMENT OF RENT, AND
 ANY  DOCUMENTS  THAT  ESTABLISH ANY GROUNDS FOR EVICTION, TO THE BEST OF
 SUCH ATTORNEY'S KNOWLEDGE, INFORMATION AND BELIEF THERE IS A  REASONABLE
 BASIS FOR THE COMMENCEMENT OF SUCH ACTION. IF NOT ATTACHED TO THE NOTICE
 OF  PETITION  AND  PETITION,  A COPY OF THE LEASE, IF ANY, AND ANY OTHER
 DOCUMENT RELEVANT TO THE CLAIMS  OF  PETITIONER,  AND  WHICH  PETITIONER
 INTENDS  TO  USE  AS EVIDENCE AT TRIAL, SHALL BE ATTACHED TO THE CERTIF-
 ICATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10928-06-9

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