S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    983
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the real  property  actions  and  proceedings  law,  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 jurisdiction of proceedings under the tenant dignity and safe hous-
   ing  act;  and  to  amend  a  chapter of the laws of 2022 enacting the
   tenant dignity and safe housing act, as proposed in legislative  bills
   numbers S. 4594-B and A.354-B, in relation to the effectiveness there-
   of
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 7-C of the real property  actions  and  proceedings
 law,  as  added  by  a  chapter  of the laws of 2022 enacting the tenant
 dignity and safe housing act, as proposed in legislative  bills  numbers
 S. 4594-B and A.354-B, is renumbered article 7-D.
   §  2.  Sections  797, 797-b and 797-c of the real property actions and
 proceedings law, as added by a chapter of the laws of 2022 enacting  the
 tenant  dignity  and  safe housing act, as proposed in legislative bills
 numbers S. 4594-B and A.354-B, are amended to read as follows:
   § 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, OR
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04012-01-3
 A. 983                              2
              

 
   3. A special proceeding [for judgment directing repairs of  conditions
 and/or other relief in residential real property under] PURSUANT TO this
 article  shall  not  be maintained [where such residential real property
 located in the county] IN ANY COURT WITHIN THE COUNTIES  of  Nassau  [or
 the  county of Suffolk, and shall not be maintained in any court in such
 counties], SUFFOLK, RICHMOND, NEW YORK, BRONX, KINGS OR QUEENS.
   § 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 OR AN OWNERSHIP INTEREST IN THE 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]
 HAS A LEGAL OBLIGATION TO MAINTAIN  THE  PREMISES  CONSISTENT  WITH  THE
 WARRANTY  OF  HABITABILITY: OWNER OR OWNERS OF THE FREEHOLD OF THE PREM-
 ISES OR LESSER ESTATE THEREIN, MORTGAGEE OR VENDEE IN POSSESSION, ASSIG-
 NEE OF RENTS, RECEIVER, EXECUTOR, TRUSTEE, LESSEE, AGENT, OR  ANY  OTHER
 PERSON,  FIRM  OR  CORPORATION,  DIRECTLY  OR INDIRECTLY IN CONTROL OF A
 DWELLING, BUT NOT A RECEIVER APPOINTED PURSUANT TO SECTION THREE HUNDRED
 NINE OF THE MULTIPLE DWELLING LAW.
   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] INSTRUCTIONAL MATERIALS IN WHICH tenant-petitioners may [use] FIND
 GUIDANCE  ON HOW to commence the special proceedings. SUCH INSTRUCTIONAL
 MATERIALS SHALL BE IN PLAIN,  ACCESSIBLE  LANGUAGE.  SUCH  INSTRUCTIONAL
 MATERIALS  SHALL BE PUBLISHED IN ENGLISH, SPANISH AND IN OTHER LANGUAGES
 SPOKEN  BY  LIMITED-ENGLISH  PROFICIENT  INDIVIDUALS  IN  ANY   JUDICIAL
 DISTRICT AS NEEDED.
   [4.  Court  clerks  shall  be  charged  with  assisting petitioners to
 complete and serve the notice of petition and petition to  commence  the
 special proceeding.]
   §  3.  Subdivision 5 of section 797-e of the real property actions and
 proceedings law, as added by a chapter of the laws of 2022 enacting  the
 tenant  dignity  and  safe housing act, as proposed in legislative bills
 numbers S. 4594-B and A.354-B, is amended to read as follows:
   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.
   §  4.  Section 797-j of the real property actions and proceedings law,
 as added by a chapter of the laws of 2022 enacting  the  tenant  dignity
 and safe housing act, as proposed in legislative bills numbers S. 4594-B
 and A.354-B, is amended to read as follows:
 A. 983                              3
 
   §  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; AND
   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.
   § 5. Section 204 of the uniform city court act, as amended by a  chap-
 ter  of  the  laws  of 2022 enacting the tenant dignity and safe housing
 act, as proposed in legislative bills numbers S. 4594-B and A.354-B,  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] SEVEN-D of the real prop-
 erty actions and proceedings law relating to real  property  located  in
 whole or in part within the city, and render relief authorized therein.
   §  6.  Section  204 of the uniform district court act, as amended by a
 chapter of the laws of 2022 enacting the tenant dignity and safe housing
 act, as proposed in legislative bills numbers S. 4594-B and A.354-B,  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] SEVEN-D 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.
   § 7. Section 204 of the uniform justice court act,  as  amended  by  a
 chapter of the laws of 2022 enacting the tenant dignity and safe housing
 act,  as proposed in legislative bills numbers S. 4594-B and A.354-B, 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
 A. 983                              4
 
 proceedings commenced under article [seven-C] SEVEN-D of the real  prop-
 erty  actions  and  proceedings law relating to real property located in
 whole or in part within the city, and render relief authorized therein.
   § 8. Section 204 of the New York city civil court act, as amended by a
 chapter of the laws of 2022 enacting the tenant dignity and safe housing
 act,  as proposed in legislative bills numbers S. 4594-B and A.354-B, 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.]
   §  9.  Section  7 of a chapter of the laws of 2022 enacting the tenant
 dignity and safe housing act, as proposed in legislative  bills  numbers
 S.  4594-b and A.354-B, is amended to read as follows:
   § 7. This act shall take effect [on the one hundred eightieth day] ONE
 YEAR after it shall have become a law.
   §  10.  This act shall take effect immediately; provided that sections
 one through eight of this act shall take effect on the same date and  in
 the  same  manner  as  a chapter of the laws of 2022 enacting the tenant
 dignity and safe housing act, as proposed in legislative  bills  numbers
 S. 4594-B and A.354-B, take effect.