S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8222
 
                             I N  S E N A T E
 
                             January 16, 2024
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation  to  establishing  a  new
   housing court part for certain homes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The judiciary law is amended by adding a new article 4-B to
 read as follows:
                                ARTICLE 4-B
                               HOUSING COURT
 SECTION 135-A. HOUSING COURT.
   § 135-A. HOUSING COURT. (A) NOTWITHSTANDING ANY  LAW,  RULE  OR  REGU-
 LATION TO THE CONTRARY, A HOUSING COURT SHALL BE ESTABLISHED FOR ACTIONS
 AND  PROCEEDINGS  INVOLVING  THE ENFORCEMENT OF STATE AND LOCAL LAWS FOR
 THE ESTABLISHMENT AND MAINTENANCE OF HOUSING STANDARDS. THE JURISDICTION
 OF SUCH COURTS SHALL EXTEND TO THE FOLLOWING:
   (1) ACTIONS FOR THE IMPOSITION AND COLLECTION OF CIVIL  PENALTIES  FOR
 THE VIOLATION OF SUCH LAWS.
   (2)  ACTIONS  AND  PROCEEDINGS  FOR  THE ESTABLISHMENT, ENFORCEMENT OR
 FORECLOSURE OF LIENS UPON REAL PROPERTY AND UPON THE RENTS THEREFROM FOR
 CIVIL PENALTIES, OR FOR COSTS, EXPENSES AND  DISBURSEMENTS  INCURRED  BY
 THE  COUNTY  IN  THE  ELIMINATION  OR  CORRECTION OF A NUISANCE OR OTHER
 VIOLATION OF SUCH LAWS.
   (3) PROCEEDINGS FOR THE ISSUANCE OF INJUNCTIONS AND RESTRAINING ORDERS
 OR OTHER ORDERS FOR THE ENFORCEMENT  OF  HOUSING  STANDARDS  UNDER  SUCH
 LAWS.
   (4)  ACTIONS  AND  PROCEEDINGS FOR THE PARTITION OF REAL PROPERTY, FOR
 DOWER, FOR THE FORECLOSURE, REDEMPTION OR  SATISFACTION  OF  A  MORTGAGE
 UPON  REAL  PROPERTY,  FOR  THE  FORECLOSURE  OF A LIEN ARISING OUT OF A
 CONTRACT FOR THE SALE OF REAL PROPERTY, FOR SPECIFIC  PERFORMANCE  OF  A
 CONTRACT  RELATING  TO REAL PROPERTY, FOR THE ENFORCEMENT OR FORECLOSURE
 OF A MECHANIC'S LIEN ON REAL PROPERTY, FOR REFORMATION OR RESCISSION  OF
 A  DEED,  CONTRACT OR MORTGAGE AFFECTING REAL PROPERTY, OR TO COMPEL THE
 DETERMINATION OF A CLAIM TO REAL PROPERTY UNDER ARTICLE FIFTEEN  OF  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10139-01-3
 S. 8222                             2
 
 REAL  PROPERTY  ACTIONS  AND PROCEEDINGS LAW, WHERE THE REAL PROPERTY TO
 WHICH THE ACTION RELATES IS SITUATED WITHIN THE COUNTY; OR TO  FORECLOSE
 A  LIEN UPON A CHATTEL IN A CASE SPECIFIED IN SECTION TWO HUNDRED SIX OF
 THE LIEN LAW WHERE THE LIEN DOES NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS
 IN AMOUNT AND THE CHATTEL IS FOUND WITHIN THE MUNICIPALITY.
   (5) PROCEEDINGS FOR THE APPOINTMENT OF A RECEIVER OF RENTS, ISSUES AND
 PROFITS  OF BUILDINGS IN ORDER TO REMOVE OR REMEDY A NUISANCE OR TO MAKE
 REPAIRS REQUIRED TO BE MADE UNDER SUCH LAWS.
   (6) ACTIONS AND PROCEEDINGS FOR  THE  REMOVAL  OF  HOUSING  VIOLATIONS
 RECORDED  PURSUANT TO SUCH LAWS, OR FOR THE IMPOSITION OF SUCH VIOLATION
 OR FOR THE STAY OF ANY PENALTY THEREUNDER.
   (7) THE MUNICIPAL  DEPARTMENT  CHARGED  WITH  ENFORCING  THE  MULTIPLE
 DWELLING  LAW  AND OTHER STATE AND LOCAL LAWS APPLICABLE TO THE ENFORCE-
 MENT OF PROPER HOUSING STANDARDS MAY COMMENCE ANY ACTION  OR  PROCEEDING
 DESCRIBED  IN  THIS  SUBDIVISION  BY  AN ORDER TO SHOW CAUSE, RETURNABLE
 WITHIN FIVE DAYS, OR WITHIN ANY OTHER TIME PERIOD IN THE  DISCRETION  OF
 THE  COURT.  UPON  THE  SIGNING  OF SUCH ORDER, THE CLERK OF THE HOUSING
 COURT SHALL ISSUE AN INDEX NUMBER.
   (B) ON THE APPLICATION OF ANY MUNICIPAL DEPARTMENT, ANY PARTY,  OR  ON
 ITS  OWN  MOTION, THE HOUSING COURT SHALL, UNLESS GOOD CAUSE IS SHOWN TO
 THE CONTRARY, CONSOLIDATE ALL ACTIONS AND PROCEEDINGS  PENDING  IN  SUCH
 PART AS TO ANY BUILDING.
   (C)  THE  HOUSING  COURT  SHALL CONTINUE JURISDICTION OF ANY ACTION OR
 PROCEEDING RELATING TO A BUILDING UNTIL ALL VIOLATIONS OF LAW HAVE  BEEN
 REMOVED.
   (D)  IN ANY OF THE ACTIONS OR PROCEEDINGS SPECIFIED IN SUBDIVISION (A)
 OF THIS SECTION AND ON THE  APPLICATION  OF  ANY  PARTY,  ANY  MUNICIPAL
 DEPARTMENT OR THE COURT, ON ITS OWN MOTION, MAY JOIN ANY OTHER PERSON OR
 MUNICIPAL  DEPARTMENT  AS  A PARTY IN ORDER TO EFFECTUATE PROPER HOUSING
 MAINTENANCE STANDARDS AND TO PROMOTE THE PUBLIC INTEREST. IN ADDITION TO
 ANY OTHER APPLICATION OF ITS POWERS UNDER THIS  SUBDIVISION,  THE  COURT
 MAY,  ON  THE  APPLICATION  OF ANY PARTY OR ON ITS OWN MOTION, JOIN AS A
 PARTY THE DEPARTMENT OF SOCIAL SERVICES OF SUCH COUNTY IN ANY ACTION  OR
 PROCEEDING IN WHICH THE PAYMENT OR NON-PAYMENT OF RENT BY A RECIPIENT OF
 OR  APPLICANT  FOR PUBLIC ASSISTANCE PURSUANT TO THE SOCIAL SERVICES LAW
 IS AT ISSUE, AND THE COURT MAY JOIN AS A PARTY  THE  DIVISION  OF  ADULT
 PROTECTIVE  SERVICES  OF  THE SOCIAL SERVICES DISTRICT IN SUCH COUNTY IN
 ANY SUCH ACTION OR PROCEEDING, WHERE APPROPRIATE.
   (E) HOUSING COURT JUDGES SHALL BE APPOINTED  PURSUANT  TO  SUBDIVISION
 (F)  OF  THIS  SECTION  AND SHALL BE DULY CONSTITUTED JUDICIAL OFFICERS,
 EMPOWERED TO HEAR, DETERMINE AND GRANT ANY RELIEF WITHIN THE  POWERS  OF
 THE HOUSING PART IN ANY ACTION OR PROCEEDING EXCEPT THOSE TO BE TRIED BY
 JURY. SUCH HOUSING JUDGES SHALL HAVE THE POWER OF JUDGES OF THE COURT TO
 PUNISH  FOR  CONTEMPTS. RULES OF EVIDENCE SHALL BE APPLICABLE IN ACTIONS
 AND PROCEEDINGS BEFORE THE HOUSING PART. THE DETERMINATION OF A  HOUSING
 JUDGE  SHALL  BE  FINAL  AND SHALL BE ENTERED AND MAY BE APPEALED IN THE
 SAME MANNER AS A JUDGMENT OF THE COURT.
   (F) THE HOUSING COURT JUDGE MAY BE AN ELECTED SUPREME COURT  JUDGE  OF
 SUCH  JURISDICTION.  SUCH  HOUSING JUDGE SHALL BE QUALIFIED BY TRAINING,
 INTEREST, EXPERIENCE, JUDICIAL TEMPERAMENT  AND  KNOWLEDGE  OF  FEDERAL,
 STATE AND LOCAL HOUSING LAWS AND PROGRAMS.
   (G)  A  HOUSING COURT JUDGE SHALL HAVE BEEN ADMITTED TO THE BAR OF THE
 STATE FOR AT LEAST FIVE YEARS, TWO YEARS OF WHICH  SHALL  HAVE  BEEN  IN
 ACTIVE  PRACTICE.  EACH  HOUSING  JUDGE  SHALL  SERVE FULL-TIME FOR FIVE
 YEARS.  IF SUCH HOUSING COURT JUDGE WAS APPOINTED,  REAPPOINTMENT  SHALL
 BE  AT  THE  DISCRETION OF THE ADMINISTRATIVE JUDGE OF THE SUPREME COURT
 S. 8222                             3
 
 AND ON THE BASIS OF THE PERFORMANCE,  COMPETENCY  AND  RESULTS  ACHIEVED
 DURING THE PRECEDING TERM.
   (H) ANY MUNICIPAL DEPARTMENT CHARGED WITH ENFORCING ANY STATE OR LOCAL
 LAW  APPLICABLE  TO  THE  ENFORCEMENT OF PROPER HOUSING STANDARDS MAY BE
 REPRESENTED IN THE HOUSING PART BY ITS DEPARTMENT COUNSEL IN ANY  ACTION
 OR PROCEEDING IN WHICH IT IS A PARTY. A CORPORATION WHICH IS A PARTY MAY
 BE REPRESENTED BY AN OFFICER, DIRECTOR OR A PRINCIPAL STOCKHOLDER.
   (I)  NOTHING  CONTAINED  IN  THIS  SECTION SHALL IN ANY WAY AFFECT THE
 RIGHT OF ANY PARTY TO TRIAL BY JURY AS PROVIDED BY LAW.
   (J) THERE SHALL BE A SUFFICIENT NUMBER OF PRO SE CLERKS OF THE HOUSING
 COURT TO ASSIST PERSONS WITHOUT COUNSEL. SUCH ASSISTANCE SHALL  INCLUDE,
 BUT  NEED  NOT  BE  LIMITED  TO,  PROVIDING INFORMATION CONCERNING COURT
 PROCEDURE, HELPING TO FILE COURT PAPERS, AND, WHERE APPROPRIATE,  ADVIS-
 ING PERSONS TO SEEK ADMINISTRATIVE RELIEF.
   (K)  THE  HOUSING COURT SHALL ESTABLISH AN ESCROW ACCOUNT. IN ORDER TO
 APPEAR IN HOUSING COURT, A TENANT SHALL SUBMIT ANY OWED RENT  INTO  SUCH
 ESCROW ACCOUNT.
   (L)  ANY  LANDLORD THAT OWNS TWENTY UNITS OR LESS SHALL BE ENTITLED TO
 FREE LEGAL SERVICES IF SUCH LANDLORD CAN PROVE A LOSS OF AT LEAST TWENTY
 PERCENT OF RENT PAYMENTS IN A CALENDAR YEAR.
   (M) ANY LANDLORD THAT IS IN MORTGAGE FORECLOSURE DUE TO LOSS  OF  RENT
 PAYMENTS  CANNOT  ENTER  INTO  A STATE OF FORECLOSURE UNTIL SUCH HOUSING
 COURT RESOLVES ANY RENT ISSUES. THE HOUSING COURT SHALL TRACK  ALL  LOSS
 OF RENT PAYMENT CASES AND SUBSEQUENT FORECLOSURE CASES.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.