S T A T E O F N E W Y O R K
________________________________________________________________________
4594--B
2021-2022 Regular Sessions
I N S E N A T E
February 5, 2021
___________
Introduced by Sens. MAY, BROUK, COONEY, HINCHEY, HOYLMAN, JACKSON,
KRUEGER, MANNION, MAYER, MYRIE, RAMOS, RIVERA, SALAZAR, SEPULVEDA --
read twice and ordered printed, and when printed to be committed to
the Committee on Judiciary -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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, the uniform justice court act, and the New York city civil court
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. Short title. This act shall be known and may be cited as
the "tenant dignity and safe housing act".
§ 2. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05317-06-2
S. 4594--B 2
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. EXCEPT AS PROHIBITED UNDER
SUBDIVISION THREE OF THIS SECTION, A SPECIAL PROCEEDING FOR JUDGMENT
DIRECTING REPAIRS OF CONDITIONS AND OTHER RELIEF IN RESIDENTIAL REAL
PROPERTY CONSTITUTING VIOLATION OF APPLICABLE LOCAL AND STATE HOUSING
STANDARDS OR SECTION TWO HUNDRED THIRTY-FIVE-B OF THE REAL PROPERTY LAW
MAY BE MAINTAINED IN A COUNTY COURT, JUSTICE COURT, DISTRICT COURT, CITY
COURT, OR CIVIL COURT OF THE CITY OF NEW YORK.
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.
3. A SPECIAL PROCEEDING FOR JUDGMENT DIRECTING REPAIRS OF CONDITIONS
AND/OR OTHER RELIEF IN RESIDENTIAL REAL PROPERTY UNDER THIS ARTICLE
SHALL NOT BE MAINTAINED WHERE SUCH RESIDENTIAL REAL PROPERTY LOCATED IN
THE COUNTY OF NASSAU OR THE COUNTY OF SUFFOLK, AND SHALL NOT BE MAIN-
TAINED IN ANY COURT IN SUCH COUNTIES.
§ 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
S. 4594--B 3
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
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-
S. 4594--B 4
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
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.
§ 3. 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. EXCEPT AS OTHERWISE PROHIBITED PURSUANT TO SUBDIVISION
THREE OF SECTION SEVEN HUNDRED NINETY-SEVEN OF THE REAL PROPERTY ACTIONS
AND PROCEEDINGS LAW, 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.
§ 4. 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. EXCEPT AS OTHER-
WISE PROHIBITED PURSUANT TO SUBDIVISION THREE OF SECTION SEVEN HUNDRED
NINETY-SEVEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW, 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 DISTRICT, AND
RENDER RELIEF AUTHORIZED THEREIN.
§ 5. 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. EXCEPT AS OTHERWISE PROHIBITED PURSUANT TO
SUBDIVISION THREE OF SECTION SEVEN HUNDRED NINETY-SEVEN OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW, THE COURT SHALL HAVE JURISDICTION
OF SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROP-
ERTY ACTIONS AND PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED IN
WHOLE OR IN PART WITHIN THE MUNICIPALITY, AND RENDER RELIEF AUTHORIZED
THEREIN.
S. 4594--B 5
§ 6. Section 204 of the New York city civil court act, as amended by
chapter 373 of the laws of 1966, is amended to read as follows:
§ 204. Summary proceedings. The court shall have jurisdiction over
summary proceedings to recover possession of real property located with-
in the city of New York, to remove tenants therefrom, and to render
judgment for rent due without regard to amount, and in such a proceeding
after the court has determined that a warrant of eviction be issued, it
shall not be necessary for the court to sign the warrant, but it may be
signed by the clerk of said court. The court shall also have jurisdic-
tion over special proceedings by tenants of multiple dwellings in the
city of New York for judgment directing deposit of rents and the use
thereof for the purpose of remedying conditions dangerous to life,
health or safety, as authorized by article seven-a of the real property
actions and proceedings law. EXCEPT AS OTHERWISE PROHIBITED PURSUANT TO
SUBDIVISION THREE OF SECTION SEVEN HUNDRED NINETY-SEVEN OF THE REAL
PROPERTY ACTIONS AND PROCEEDINGS LAW, THE COURT SHALL HAVE JURISDICTION
OF SUMMARY PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN-C OF THE REAL PROP-
ERTY ACTIONS AND PROCEEDINGS LAW RELATING TO REAL PROPERTY LOCATED IN
WHOLE OR IN PART WITHIN THE CITY OF NEW YORK, AND RENDER RELIEF AUTHOR-
IZED THEREIN.
§ 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
