BILL NUMBER: S1951

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the New York city civil court act, in relation to
requiring the office of court administration to promulgate certain hous-
ing court documents provided to parties in their native language

 
PURPOSE OF BILL:

This bill would require the office of court administration to promulgate
certain housing court documents to parties in proceedings before New
York City Housing Court documents to parties in their native language.

 
SUMMARY OF PROVISIONS:

Section one of this bill amends Section 110 of the New York City civil
court act by adding a new subdivision (q)(1) requiring the office of
court administration to promulgate a Spanish version of the Notice of
Petition for Nonpayment and requiring that it be served together with an
              

English version in all proceedings commenced under section seven hundred
thirty-two of the real property actions and proceedings law.

Section two of the bill requires the office of court administration to
promulgate a notice to be included in or annexed to all Notices of
Petitions subject to proceedings commenced under section seven hundred
thirty-two of the real property actions and proceedings law, which shall
state, in the six most common languages in the city of New York, after
Spanish, that the respondent may obtain a copy of the Notice of Petition
form in those six most common languages on the internet website of the
office of court administration, and may call a designated telephone
number which will provide information on the court process for eviction
in those six languages.

Section three of the bill requires the office of court administration to
revise the text of the postcard currently required to be filed by peti-
tioners in proceedings subject to article seven of the real property
actions and proceedings law to include notice in the seven most common
languages in the city of New York, that the respondent may call a desig-
nated telephone number listed on the postcard for more information on
the court process for eviction.

Section four of the bill requires the office of court administration to
promulgate notices in the seven most common languages in the city of New
York to be distributed to litigants in the housing part of the civil
court advising them of the right to have all court proceedings and any
agreements settling the case interpreted to them orally in their native
language.

 
JUSTIFICATION:

New York State has approximately 5.5 million residents who are not
native English speakers and 2.5 million New Yorkers with limited English
proficiency (LEP). Seeking to address the needs of this large and grow-
ing population, Governor Cuomo signed Executive Order Number 26 in 2011
requiring all state agencies that provide direct public services to
begin translating essential forms, instructions and other documents in
the six most common languages found in the state. Under the Executive
Order Number 26 the agencies also must provide interpretation in
clients' primary language, regardless of whether it is one of the six
most common. State agencies were required to begin providing these
services by October 6, 2012.

While this was a significant step forward in meeting the needs of LEP
New Yorkers, the state Office of Court Administration (OCA) was not
specifically covered by the executive order. This legislation seeks to
rectify that omission by requiring OCA to take several fundamental steps
to remove barriers faced by LEP New Yorkers.

 
LEGISLATIVE HISTORY:

2017-18: A.2890-A/S6076-A: Referred to Judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This Act shall take effect on the 180th day after enactment.