NY State Senate Bill 2021-S923

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Jan 06, 2021	referred to judiciary

2021-S923 (ACTIVE) - Details

See Assembly Version of this Bill:: A3300
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §403-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4723, A6985
2023-2024: S6494, A2883

2021-S923 (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; provides that where a petitioner willfully fails to provide copies of required papers and documents the court may dismiss the petition without prejudice.

2021-S923 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S923

SPONSOR: RAMOS
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To eliminate frivolous eviction lawsuits that clog up housing courts and
often serve as a method to harass tenants into agreeing to stipulations
they cannot realistically abide by or worse, abandon their housing.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil practice law and rules by adding a new
section 403-a that requires a petition in an eviction proceeding be
accompanied by a certificate signed by the petitioner's attorney certi-
fying that the attorney has reviewed the facts of the case and any

pertinent documents and that the attorney believes there's a reasonable
basis to commence an eviction action.

Willful failure to provide the certificate allows the court to dismiss
the petition.

Section 2 provides the effective date

 
JUSTIFICATION:

FY 2018 saw 223,486 eviction petitions filed in New York City alone.
Thanks to the implementation the City's Universal Access Law, 25,649
households were afforded legal services that amounted to either advice
given by an attorney or full legal representation in court, which helped
21,955 individuals who had been threatened with eviction stay in their
homes.

While innovations like the City's Universal Access Law have greatly
helped keep tenants in their homes and connected to their communities,
for too many New Yorkers, housing court is often the last stop before
becoming homeless. Even in its infancy, the success of the City's
program to provide free legal services to tenants facing eviction
suggests that many eviction cases may not even belong in our courts to
begin with.

Because of the lucrative real estate market in New York, landlords will-
ingly spend thousands to evict tenants--especially those who enjoy some
form of rent regulation--with the promise that they will eventually be
able to net a free market rent.

The conditions that have precipitated our state's current homelessness
and affordable housing crisis are not unlike the ones we witnessed
during the foreclosure crisis a decade ago. Unscrupulous banks brought
foreclosure actions with abandon until a court rule was issued requiring
a certificate of merit be completed by an attorney. The certificate
requires an attorney for the petitioner to swear on the merits of the
case. The number of foreclosure actions fell precipitously after the

order was issued, and Governor Cuomo later signed a bill codifying the
order into law.

The success of the certificate of merit law had with regard to foreclo-
sure actions can be replicated to drive down frivolous eviction suits.

If this bill were signed into law and had a similar effect, eviction
suits could drop considerably. Tenants should not have to live in fear
and our court system should not be exploited by landlords who are wast-
ing taxpayer dollars to worsen the homelessness crisis in our state.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
Immediately after becoming law.

2021-S923 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    923
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01941-01-1

 S. 923                              2
 
 ICATE  SUPPLEMENTAL  AFFIDAVITS  BY  SUCH  ATTORNEY OR REPRESENTATIVE OF
 PETITIONER  ATTESTING  THAT  SUCH  DOCUMENTS   ARE   LOST   WHETHER   BY
 DESTRUCTION,  THEFT  OR  OTHERWISE.    NOTHING IN THIS SUBDIVISION SHALL
 REPLACE  OR  ABROGATE  PETITIONER'S  OBLIGATIONS AS SET FORTH IN THE NEW
 YORK UNIFORM COMMERCIAL CODE.
   (D) IF A PETITIONER WILLFULLY FAILS TO PROVIDE COPIES  OF  THE  PAPERS
 AND  DOCUMENTS REQUIRED BY SUBDIVISION (A) OF THIS SECTION AND THE COURT
 FINDS, UPON THE MOTION OF ANY PARTY OR ON ITS OWN MOTION  ON  NOTICE  TO
 THE PARTIES, THAT SUCH PAPERS AND DOCUMENTS OUGHT TO HAVE BEEN PROVIDED,
 THE COURT MAY DISMISS THE PETITION OR ISSUE AN ORDER WITH REGARD TO SUCH
 FAILURE  AS  IS  JUST INCLUDING BUT NOT LIMITED TO ANY COSTS, ATTORNEYS'
 FEES AND OTHER FEES, RELATING TO THE PETITION. ANY SUCH DISMISSAL  SHALL
 BE WITHOUT PREJUDICE AND SHALL NOT BE ON THE MERITS.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 proceedings commenced on or after such date.

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Senate Bill S923

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S923 (ACTIVE) - Details

2021-S923 (ACTIVE) - Summary

2021-S923 (ACTIVE) - Sponsor Memo

2021-S923 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S923

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Sponsored By

Jessica Ramos

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S923 (ACTIVE) - Details

2021-S923 (ACTIVE) - Summary

2021-S923 (ACTIVE) - Sponsor Memo

2021-S923 (ACTIVE) - Bill Text download pdf

Comments