NY State Senate Bill 2025-S2231

Current 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 16, 2025	referred to judiciary

2025-S2231 (ACTIVE) - Details

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
2021-2022: S923
2023-2024: S6494

2025-S2231 (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.

2025-S2231 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2231

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:

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 sets the effective date

 
JUSTIFICATION:

FY 2018 saw 223,486 eviction petitions filed in New York City alone.
Thanks to the implementation of 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.

Due to the lucrative real estate market in New York, landlords willingly
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 with regard

to foreclosure 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.

 
LEGISLATIVE HISTORY:

2023-24: S6494A (Ramos) - Referred to Judiciary

2022: S923/A3300 (Ramos) - Referred to Judiciary

2021: S4723A/A6985B (Ramos) - Referred to Judiciary

 
FISCAL IMPACT:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to proceedings

2025-S2231 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2231
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 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, SHALL BE ATTACHED TO THE
 CERTIFICATE.
   (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-
 ICATE SUPPLEMENTAL AFFIDAVITS BY  SUCH  ATTORNEY  OR  REPRESENTATIVE  OF
 PETITIONER   ATTESTING   THAT   SUCH   DOCUMENTS  ARE  LOST  WHETHER  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06091-01-5

 S. 2231                             2
 
 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 S2231

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S2231 (ACTIVE) - Details

2025-S2231 (ACTIVE) - Summary

2025-S2231 (ACTIVE) - Sponsor Memo

2025-S2231 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2231

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Sponsored By

Jessica Ramos

Current Bill Status - In Senate Committee Judiciary Committee

2025-S2231 (ACTIVE) - Details

2025-S2231 (ACTIVE) - Summary

2025-S2231 (ACTIVE) - Sponsor Memo

2025-S2231 (ACTIVE) - Bill Text download pdf

Comments