NY State Senate Bill 2025-S7475

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
Apr 17, 2025	referred to judiciary

2025-S7475 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §2111, CPLR; amd §§110, 1911, 400 & 403, NYC Civ Ct Act; amd §§732, 735, 743 & 749, add §750, RPAP L

2025-S7475 (ACTIVE) - Summary

Allows an unrepresented party to transmit legal filings in eviction proceedings electronically; eliminates certain verification or notarization requirements.

2025-S7475 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7475

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the civil practice law and rules, the New York city
civil court act and the real property actions and proceedings law, in
relation to electronic filing by an unrepresented party

 
PURPOSE OR GENERAL IDEA OF BILL:

Expands access to electronic filing for unrepresented tenants in summary
proceedings and for unrepresented tenants initiating HP actions.

 
SUMMARY OF PROVISIONS:

Section 1 amends the CPLR to clarify that unrepresented parties do not
need to submit notarized documents to participate in an e-filing program
administered by the court system. Instead, unrepresented parties can
provide a signature to confirm the truth of any information provided.

Section 2 amends the NYC civil court act to require that the office of

court administration promulgate electronic forms to be used by unrepre-
sented petitioners to initiate an HP action.

Section 3 amends the NYC civil court act to eliminate the filing fee for
initiating an HP action by an unrepresented tenant.

Section 4 amends the NYC civil court act to eliminate any requirement of
notarization or verification of a petition for an unrepresented tenant
to initiate an HP action.

Section 5 amends the NYC civil court act to eliminate the requirement
that an unrepresented tenant initiating an HP action by electronic
filing also serve a notice of electronic filing and physical copies of
the filed documents upon respondents. Instead, the court is required to
provide mailed notice to respondents, as well as any documents filed by
the petitioner.

Section 6 amends the real property actions and proceedings law to permit
a respondent to a nonpayment proceeding to easily file their answer by
electronic means. Specifically, section 6 eliminates any notarization or
verification requirements for an answer to a non-payment proceeding, as
well as affirmatively permits an answer in writing to be transmitted by
electronic means. Should a respondent file an answer by electronic
means, they are not required to appear before the clerk prior to their
court date. The Office of Court Administration is required to promulgate
forms to be used in an answer by electronic means. The notice of peti-
tion must explain a respondent's options for electronic filing, as well
as means for a respondent to learn how to participate in electronic
filing. Once an unrepresented respondent submits their answer by elec-
tronic means, they will be clearly notified of their court date.  Unrep-
resented respondents can choose to receive such notice by email or phys-
ical mail, in addition to whatever other means the court offers.

Section 7 amends the real property actions and proceedings law to estab-
lish service requirements for respondents to summary proceedings who
choose to file their answer by electronic means. If a proceeding was not

initiated by electronic filing, then respondents must mail a copy of the
written answer to the petitioner or their attorney.

Section 8 amends the real property actions and proceedings law to permit
respondents not subject to section 732 of the RPAPL, including respond-
ents to holdover proceedings, to file their answer by electronic means.
OCA is required to promulgate a form for unrepresented respondents to
answer by electronic means. Notarization and verification requirements
for an answer are eliminated, as well as any requirement that a respond-
ent appear in person before the clerk prior to the court date.

Section 9 amends the real property actions and proceedings law to
require a notice of eviction to inform a tenant that they may apply for
an order to show cause by electronic means, as well as provide a link to
a website that provides information on how to apply for an OSC by elec-
tronic means.

Section 10 amends the real property actions and proceedings law to
permit an unrepresented respondent to a summary proceeding to apply for
an order to show cause by electronic filing, to permit an affirmation of
truth of statement in lieu of verification or notarization, and elimi-
nate any requirement for an unrepresented respondent to serve a notice
of electronic filing. Instead, the court is required to provide mailed
notice to parties, as well as any documents filed by the respondent.

 
JUSTIFICATION:

Since 1999, electronic filing (e-filing) has become the norm across many
courts in New York State. Almost 400,000 cases were electronically filed
(e-filed) in New York City Housing Court between 2020 and 2024. 59% of
all the cases e-filed in New York State courts between 2000 and 2023
were e-filed in the last four years of that period (Report of the Chief
Administrative Judge, 2024). The convenience, efficiency, and cost-sav-
ings afforded by e-filing is significant, and the legislature has acted
to expand e-filing on multiple occasions since its inception. Chapter
579 of the Laws of 2025 implemented "universal e-filing" by authorizing
the chief administrative judge to institute e-filing in any of the
State's trial courts for any type of case.

Unfortunately, e-filing is not accessible for unrepresented litigants.
In order for an unrepresented litigant to participate in a case against
them via e-filing, they must fill out an electronic registration form,
print it, sign the registration form in front of a notary, and then
return the registration form by fax or e-mail to the E-Filing Resource
Center. This is hardly practical in instances like an eviction case for
nonpayment, when a tenant has 10 days to answer an eviction petition or
face a default judgement.

If an unrepresented party wishes to initiate a case by e-filing, they
must serve a hard-copy notice of electronic filing along with commence-
ment papers. Given Rule 2103 of the CPLR, a party to the case cannot
serve papers themselves. Once a party finds someone to serve the papers
and notice for them, the party must then electronically file an affida-
vit or affirmation of service.

The obstacles to e-filing fall especially hard on the 58% of tenants who
are unrepresented in Housing Court (Office of Civil Justice, 2024).
Currently, because of barriers to e-filing and various procedural
requirements, tenants responding to a nonpayment case (the vast majority
of tenants in Housing Court) must show up to court before their court
date in order to file an answer. This takes significant time and
resources. For instance, a tenant living in East Harlem (the zip code in
Manhattan with the most evictions in 2024) would have to travel 80
minutes total to and from court, pay $5.80 in train/bus fare, wait in a
long line to enter Manhattan Housing Court, and then wait in another
long line to speak to a clerk. Given the majority of respondents in
eviction proceedings make less than 200% of the federal poverty line
(CSS, 2024), missing work and the wages to go to court can be devastat-
ing. Traveling to respond to an eviction also severely disrupts caretak-
er or parenting responsibilities.

The travel time required to respond to an eviction case could also
incentivize a tenant not to respond at all, risking a default judgement
and potential eviction. Empirical evidence has confirmed this hypoth-
esis. In Philadelphia, one study estimated that for every ten minutes in
additional time tenants spend commuting to court on transit, they are
between .65 and 1.4% more likely to default (Hoffman & Strezhnev, 2022).
While a similar study hasn't been undertaken in New York, default rates
here are high: between 2016 and 2022, 54% of nonpayment cases went unan-
swered and 20% of unanswered nonpayment cases resulted in a default
judgement. 40% of eviction warrant issued across all of New York State
resulted from a default judgement (Furman Center, 2023). If tenants can
easily file an answer in their case, they have a better chance of
remaining housed.

Tenants are also unable to electronically file an order to show cause
(OSC)-the means by which they can vacate a default judgement against
them or stay an eviction. Instead, they must go to court in person to
submit an order to show cause form and an affidavit in support, which
they must sign in front of a clerk. They might then need to wait in the
courthouse for the judge to sign the OSC. If the judge signs the OSC,
the tenant must then serve the OSC and the papers on the landlord via
certified mail, return-receipt requested. If a tenant is trying to stay
an eviction, they must also serve the marshal. An order to show cause is
also required if a tenant wants to initiate an HP action to obligate
their landlord to make repairs. In that case, in addition to physically
visiting Housing Court and complying with service requirements, an
unrepresented litigant would have to pay a filing fee of $45 (or ask the
court to waive it).

New York has successfully integrated technology into its courts, but
unrepresented litigants have not been able to reap the full benefits.
In courts that are disproportionately used by poor people--such as Hous-
ing Court--the justice system should maximally facilitate the ability of
unrepresented litigants to exercise their rights. By lowering barriers
to electronic filing and doing away with onerous procedural requirements
for unrepresented tenants in Housing Court, the State can reduce the
probability of defaults, prevent evictions, save tenants time and money,
and help tenants demand repairs.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect 90 days after which it shall have become law.

2025-S7475 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7475
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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,  the  New  York  city
   civil  court act and the real property actions and proceedings law, in
   relation to electronic filing by an unrepresented party

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2111 of the civil practice law and rules is amended
 by adding a new subdivision (d) to read as follows:
   (D)  WHERE  A  PARTY  IS  NOT  REPRESENTED BY COUNCIL, REGISTRATION OR
 PARTICIPATION IN A PROGRAM  AUTHORIZED  UNDER  THIS  SECTION  SHALL  NOT
 REQUIRE  SAID  PARTY  TO PRESENT ANY NOTARIZED DOCUMENT OR FORM.  SHOULD
 REGISTRATION OR PARTICIPATION IN A PROGRAM AUTHORIZED UNDER THIS SECTION
 REQUIRE AN UNREPRESENTED PARTY'S SIGNATURE OR CONFIRMATION OF THE  TRUTH
 OF  ANY INFORMATION PROVIDED, SUCH CONFIRMATION OR SIGNATURE MAY BE MADE
 UNDER THE PENALTIES OF PERJURY, BUT SHALL NOT REQUIRE A  PARTY'S  SIGNA-
 TURE OR CONFIRMATION TO BE NOTARIZED.
   §  2.  Section  110 of the New York city civil court act is amended by
 adding a new subdivision (r) to read as follows:
   (R) THE OFFICE OF COURT  ADMINISTRATION  SHALL  PROMULGATE  ELECTRONIC
 FORMS TO BE USED BY AN UNREPRESENTED PETITIONER OR PETITIONERS TO INITI-
 ATE  BY  ELECTRONIC FILING OF AN ACTION UNDER SUBDIVISION (H) OF SECTION
 27-2115 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
   § 3. Subdivision (b) of section 1911 of the New York City civil  court
 act,  as  amended  by  section  3 of part K of chapter 56 of the laws of
 2010, is amended to read as follows:
   (b) Upon filing summons with proof of service thereof, or upon  filing
 of  the  first  paper in that county in any action or proceeding, forty-
 five dollars, unless there has been paid in that county a fee of  forty-
 five dollars pursuant to subdivision (a) of this section. NO FILING FEE,
 HOWEVER,  SHALL BE DEMANDED OR RECEIVED UPON FILING A PETITION AND ORDER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10825-03-5

 S. 7475                             2
 
 TO SHOW CAUSE BY AN UNREPRESENTED PETITIONER TO  INITIATE  A  PROCEEDING
 UNDER  SUBDIVISION  (H) OF SECTION 27-2115 OF THE ADMINISTRATIVE CODE OF
 THE CITY OF NEW YORK.
   §  4.  Section  400 of the New York city civil court act is amended by
 adding a new subdivision 4 to read as follows:
   4. NOTWITHSTANDING ANY REQUIREMENT TO THE CONTRARY, A PETITION  BY  AN
 UNREPRESENTED  PETITIONER  OR  UNREPRESENTED  PETITIONERS  TO INITIATE A
 PROCEEDING UNDER SUBDIVISION (H) OF SECTION 27-2115 OF  THE  ADMINISTRA-
 TIVE  CODE  OF THE CITY OF NEW YORK SHALL NOT BE SUBJECT TO ANY REQUIRE-
 MENT OF NOTARIZATION OR VERIFICATION. IN LIEU OF NOTARIZATION OR VERIFI-
 CATION, AN UNREPRESENTED PETITIONER OR UNREPRESENTED  PETITIONERS  SHALL
 SUBMIT AN AFFIRMATION OF TRUTH OF STATEMENT, PURSUANT TO RULE TWENTY-ONE
 HUNDRED SIX  OF THE CIVIL PRACTICE LAW  AND RULES.
   §  5.  Section 403 of the New York city civil court act, as amended by
 chapter 274 of the laws of 1989, is amended to read as follows:
   § 403. Summons; method and place of service.  1.  Service  of  summons
 shall  be  made  in  the  manner  prescribed  in supreme court practice,
 including the optional method of service  by  mail  authorized  by  CPLR
 312-a,  but  it  shall  be  made only within the city of New York unless
 service beyond the city be authorized by  this  act  or  by  such  other
 provision of law, other than the CPLR, as expressly applies to courts of
 limited jurisdiction or to all courts of the state.
   2. AN UNREPRESENTED PETITIONER OR UNREPRESENTED PETITIONERS INITIATING
 A PROCEEDING UNDER SUBDIVISION (H) OF SECTION 27-2115 OF THE ADMINISTRA-
 TIVE  CODE OF THE CITY OF NEW YORK MAY SERVE THE ORDER TO SHOW CAUSE AND
 PETITION BY ELECTRONIC TRANSMISSION, WHICH  SHALL  FULFILL  THE  SERVICE
 REQUIREMENTS OF SECTION THREE HUNDRED TWELVE-A OF THE CIVIL PRACTICE LAW
 AND  RULES  AND SUBDIVISION (J) OF SECTION 27-2115 OF THE ADMINISTRATIVE
 CODE OF THE CITY OF NEW YORK.
   3. AN UNREPRESENTED PETITIONER OR UNREPRESENTED PETITIONERS INITIATING
 A PROCEEDING UNDER SUBDIVISION (H) OF SECTION 27-2115 OF THE ADMINISTRA-
 TIVE CODE OF THE CITY OF NEW YORK BY ELECTRONIC TRANSMISSION  SHALL  NOT
 BE  REQUIRED  TO  SERVE  OR  TRANSMIT  ANY PHYSICAL NOTICE OF ELECTRONIC
 FILING OR ANY PHYSICAL COPY OF THE ORDER TO SHOW CAUSE AND THE  PETITION
 UPON  ANY  PARTY.  UPON THE FILING OF AN ORDER TO SHOW CAUSE AND A PETI-
 TION, THE COURT SHALL PROVIDE NOTICE TO RESPONDENTS ABOUT THEIR  OPTIONS
 TO  PARTICIPATE  IN  FILING BY ELECTRONIC MEANS AND SHALL MAIL A COPY OF
 THE ORDER TO SHOW CAUSE AND THE PETITION, ALONG  WITH  ANY  ACCOMPANYING
 DOCUMENTS, UPON RESPONDENTS BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED.
   § 6. Section 732 of the real property actions and proceedings law,  as
 added  by  chapter  910  of the laws of 1965, subdivisions 1, 2 and 3 as
 amended by section 14 of part M of chapter 36 of the laws  of  2019,  is
 amended to read as follows:
   §  732. Special provisions applicable in non-payment proceeding if the
 rules so provide. If the appropriate appellate division shall so provide
 in the rules of a particular court, this section shall be applicable  in
 such court in a proceeding brought on the ground that the respondent has
 defaulted in the payment of rent; in such event, all other provisions of
 this  article  shall remain applicable in such proceeding, except to the
 extent inconsistent with the provisions of this section.
   1. The notice of petition shall be returnable before  the  clerk,  and
 shall be made returnable within ten days after its service.
   2.  THE  RESPONDENT  MAY ANSWER THE PETITION ORALLY OR IN WRITING.  NO
 NOTARIZATION OR VERIFICATION BY A COURT EMPLOYEE SHALL BE  REQUIRED  FOR
 ANSWERS SUBMITTED IN WRITING. IN COURTS OF NEW YORK THAT HAVE AUTHORIZED
 A  PROGRAM  FOR  THE  FILING  AND SERVICE OF PAPERS BY ELECTRONIC MEANS,
 S. 7475                             3
 
 NOTWITHSTANDING ANY REQUIREMENT TO THE CONTRARY, AN  ANSWER  IN  WRITING
 MAY  BE  TRANSMITTED  BY  ELECTRONIC  MEANS.  A  RESPONDENT SHALL NOT BE
 REQUIRED TO APPEAR BEFORE THE CLERK PRIOR TO THE DATE SET FOR  TRIAL  OR
 HEARING  IF  THEY  CHOOSE  TO  ANSWER BY ELECTRONIC MEANS. THE OFFICE OF
 COURT ADMINISTRATION SHALL PROMULGATE AN OPTIONAL FORM  FOR  RESPONDENTS
 WHO  CHOOSE  TO  ANSWER  IN WRITING BY ELECTRONIC MEANS. SUCH FORM SHALL
 PERMIT THE RESPONDENT TO SELECT FROM A LIST  OF  OPTIONAL  DEFENSES  AND
 COUNTERCLAIMS.
   3.  If the respondent answers, the clerk shall fix a date for trial or
 hearing not less than three nor more than eight days  after  joinder  of
 issue,  and shall immediately notify by mail the parties or their attor-
 neys of such date. If the determination be for the petitioner, the issu-
 ance of a warrant shall not be stayed for more than five days from  such
 determination,  except  as provided in section seven hundred fifty-three
 of this article.
   [3.] 4. If the respondent fails to answer within  ten  days  from  the
 date  of service, as shown by the affidavit or certificate of service of
 the notice of petition and petition, the judge shall render judgment  in
 favor  of  the petitioner and may stay the issuance of the warrant for a
 period of not to exceed ten days from the date  of  service,  except  as
 provided in section seven hundred fifty-three of this article.
   [4.]  5.  The  notice  of  petition shall advise the respondent of the
 requirements of subdivisions 1, 2 [and], 3, AND 4,  above,  AS  WELL  AS
 PROMINENTLY  EXPLAIN  SUCH RESPONDENT'S OPTIONS FOR ELECTRONIC FILING IN
 PLAIN LANGUAGE, INCLUDING THE OPTION FOR EXPEDITED PROCESSING.
   6. IN ADDITION TO ANY OTHER REQUIREMENTS OF THIS SECTION, ANY FORM  OR
 NOTICE  OF PETITION PROMULGATED BY THE CHIEF ADMINISTRATOR OF THE COURTS
 SHALL ALSO INCLUDE A LINK TO THE WEBSITE AT WHICH RESPONDENTS MAY TRANS-
 MIT THEIR ANSWER BY ELECTRONIC MEANS AND A LINK TO A  WEBSITE  AT  WHICH
 RESPONDENTS  MAY  FIND  CLEAR  AND  CONCISE INSTRUCTIONS ON HOW THEY MAY
 TRANSMIT THEIR ANSWER BY ELECTRONIC MEANS.
   7. UPON TRANSMITTING AN ANSWER BY ELECTRONIC MEANS,  AN  UNREPRESENTED
 RESPONDENT SHALL BE PROVIDED CLEAR INFORMATION ON HOW AND WHEN THEY WILL
 BE NOTIFIED OF A DATE FOR TRIAL. THE RESPONDENT SHALL HAVE THE OPTION TO
 BE NOTIFIED OF A DATE FOR TRIAL BY PHYSICAL MAIL AND/OR ELECTRONIC MAIL,
 IN  ADDITION TO WHATEVER MEANS SHALL BE OFFERED BY THE CHIEF ADMINISTRA-
 TOR OF THE COURTS. IF AN UNREPRESENTED RESPONDENT REQUESTS THE NOTICE BE
 TRANSMITTED BY ELECTRONIC MAIL, SUCH NOTICE SHALL CLEARLY STATE THE DATE
 FOR TRIAL, THE TIME AT WHICH THE RESPONDENT MUST APPEAR, AND THE ADDRESS
 AT WHICH THE RESPONDENT MUST APPEAR.
   § 7. Section 735 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  (A)  NOTWITHSTANDING ANY REQUIREMENT TO THE CONTRARY, A RESPONDENT
 TO A PETITION UNDER THIS ARTICLE MAY TRANSMIT THEIR  WRITTEN  ANSWER  TO
 THE  PETITIONER'S  ATTORNEY, OR, IF THE PETITIONER IS NOT REPRESENTED BY
 AN ATTORNEY, TO THE PETITIONER, BY ELECTRONIC MEANS.
   (B) IF THE PETITIONER'S ATTORNEY DID NOT FILE THEIR PETITION BY  ELEC-
 TRONIC  MEANS  OR DID NOT CONSENT TO RECEIVE PAPERS BY ELECTRONIC MEANS,
 THEN THE RESPONDENT SHALL SERVE A COPY OF THEIR WRITTEN ANSWER UPON  THE
 PETITIONER'S  ATTORNEY  BY MAILING THE COPY OF THE WRITTEN ANSWER TO THE
 ATTORNEY AT THE ADDRESS DESIGNATED BY THE ATTORNEY FOR THAT PURPOSE  OR,
 IF  NONE IS DESIGNATED, AT THE ATTORNEY'S LAST KNOWN ADDRESS; OR, IF THE
 PETITIONER IS NOT REPRESENTED BY AN ATTORNEY, BY MAILING A COPY  OF  THE
 WRITTEN  ANSWER  TO  THE  ADDRESS  DESIGNATED BY THE PETITIONER FOR THAT
 PURPOSE OR, IF NONE  IS  DESIGNATED,  AT  THE  PETITIONER'S  LAST  KNOWN
 ADDRESS.
 S. 7475                             4

   (C)  WHEN A RESPONDENT UNDER THIS ARTICLE SERVES A COPY OF THE WRITTEN
 ANSWER TO THE PETITIONER OR  THE  PETITIONER'S  ATTORNEY  BY  MAIL,  THE
 RESPONDENT  SHALL  NOT  BE  REQUIRED  TO SUBMIT A NOTARIZED AFFIDAVIT OF
 SERVICE TO THE CLERK. IN LIEU OF A NOTARIZED  AFFIDAVIT  OF  SERVICE,  A
 RESPONDENT  MAY  BE REQUIRED TO SUBMIT AN AFFIRMATION OF SERVICE AFFIRM-
 ING, UNDER THE PENALTIES OF PERJURY, THAT THEY SERVED A  COPY  OF  THEIR
 WRITTEN  ANSWER  ACCORDING  TO  THE  REQUIREMENTS OF THIS SUBDIVISION. A
 RESPONDENT SHALL BE PERMITTED TO SUBMIT AN AFFIDAVIT OF AFFIRMATION  AND
 A COPY OF THEIR WRITTEN ANSWER TO THE COURT BY ELECTRONIC MEANS.
   (D)  NOTWITHSTANDING  SUBDIVISION  A  OF RULE TWO THOUSAND ONE HUNDRED
 THREE OF THE CIVIL PRACTICE LAW AND RULES OR ANY  OTHER  REQUIREMENT  TO
 THE  CONTRARY, A RESPONDENT MAY THEMSELVES SERVE A COPY OF THEIR WRITTEN
 ANSWER ON THE PETITIONER OR THE PETITIONER'S ATTORNEY ACCORDING  TO  THE
 REQUIREMENTS  OF  THIS SUBDIVISION.   A COPY OF THE WRITTEN ANSWER SHALL
 NOT BE REQUIRED TO BE SERVED BY A PERSON NOT A PARTY TO THE CASE.
   § 8. Section 743 of the real property actions and proceedings law,  as
 amended  by  section  16 of part M of chapter 36 of the laws of 2019, is
 amended to read as follows:
   § 743. Answer. 1. Except as provided in section seven hundred  thirty-
 two  of  this article, relating to a proceeding for non-payment of rent,
 at the time when the petition is to be  heard  the  respondent,  or  any
 person in possession or claiming possession of the premises, 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 equitable defense, or  coun-
 terclaim. The court may render affirmative judgment for the amount found
 due on the counterclaim.
   2.  IF  THE ANSWER IS IN WRITING, NO NOTARIZATION OR VERIFICATION BY A
 COURT EMPLOYEE SHALL BE REQUIRED.  IN  COURTS  OF  NEW  YORK  THAT  HAVE
 AUTHORIZED  A PROGRAM FOR THE FILING AND SERVICE OF PAPERS BY ELECTRONIC
 MEANS, NOTWITHSTANDING ANY REQUIREMENT TO THE  CONTRARY,  AN  ANSWER  IN
 WRITING  MAY  BE TRANSMITTED BY ELECTRONIC MEANS. A RESPONDENT SHALL NOT
 BE REQUIRED TO APPEAR BEFORE THE CLERK PRIOR TO THE DATE SET  FOR  TRIAL
 OR  HEARING  IF THEY CHOOSE TO ANSWER BY ELECTRONIC MEANS. THE OFFICE OF
 COURT ADMINISTRATION SHALL PROMULGATE AN OPTIONAL FORM FOR UNREPRESENTED
 RESPONDENTS WHO CHOOSE TO ANSWER IN WRITING BY  ELECTRONIC  MEANS.  SUCH
 FORM  SHALL  PERMIT  THE  RESPONDENT  TO  SELECT FROM A LIST OF OPTIONAL
 DEFENSES AND COUNTERCLAIMS.
   § 9. Subdivision 2 of section 749 of the  real  property  actions  and
 proceedings  law  is  amended  by  adding a new paragraph (c) to read as
 follows:
   (C) THE NOTICE OF EVICTION SHALL CLEARLY INFORM THE PERSON OR  PERSONS
 TO  BE  EVICTED  THAT THEY MAY APPLY FOR AN ORDER TO SHOW CAUSE BY ELEC-
 TRONIC MEANS. IT SHALL ALSO INCLUDE A LINK TO THE WEBSITE  AT  WHICH  AN
 APPLICATION  FOR AN ORDER TO SHOW CAUSE MAY BE FILED BY ELECTRONIC MEANS
 AND A LINK TO A WEBSITE THAT PROVIDES CLEAR AND CONCISE INSTRUCTIONS  ON
 HOW TO APPLY FOR AN ORDER TO SHOW CAUSE BY ELECTRONIC MEANS.
   §  10.  The  real  property  actions and proceedings law is amended by
 adding a new section 750 to read as follows:
   § 750. ORDERS TO SHOW CAUSE. 1. NOTWITHSTANDING ANY REQUIREMENT TO THE
 CONTRARY, AN UNREPRESENTED RESPONDENT TO A PROCEEDING UNDER THIS ARTICLE
 MAY APPLY FOR AN ORDER TO SHOW CAUSE BY ELECTRONIC FILING. THE OFFICE OF
 COURT ADMINISTRATION SHALL  PROMULGATE  ELECTRONIC  FORMS  BY  WHICH  AN
 UNREPRESENTED  RESPONDENT  MAY APPLY FOR AN ORDER TO SHOW CAUSE BY ELEC-
 TRONIC FILING.
 S. 7475                             5
 
   2. ANY ACCOMPANYING AFFIDAVIT SHALL NOT BE SUBJECT TO ANY  REQUIREMENT
 OF  NOTARIZATION  OR  VERIFICATION. IN LIEU OF NOTARIZATION OR VERIFICA-
 TION, AN UNREPRESENTED PETITIONER  OR  UNREPRESENTED  PETITIONERS  SHALL
 SUBMIT AN AFFIRMATION OF TRUTH OF STATEMENT, PURSUANT TO RULE TWENTY-ONE
 HUNDRED SIX  OF THE CIVIL PRACTICE LAW  AND RULES.
   3. IF A PARTY HAS NOT CONSENTED TO RECEIVE PAPERS BY ELECTRONIC TRANS-
 MISSION  UPON  THE  FILING OF AN ORDER TO SHOW CAUSE UNDER THIS SECTION,
 THE COURT SHALL PROVIDE NOTICE TO SAID  PARTY  ABOUT  THEIR  OPTIONS  TO
 PARTICIPATE  IN  FILING BY ELECTRONIC MEANS AND SHALL MAIL A COPY OF THE
 ORDER TO SHOW CAUSE AND ANY ACCOMPANYING DOCUMENTS UPON  RESPONDENTS  BY
 CERTIFIED  MAIL,  RETURN  RECEIPT REQUESTED. AN UNREPRESENTED RESPONDENT
 UNDER THIS SECTION SHALL NOT BE REQUIRED TO SERVE OR TRANSMIT ANY  PHYS-
 ICAL NOTICE OF ELECTRONIC FILING UPON ANY PARTY.
   §  11.  This act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S7475

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7475 (ACTIVE) - Details

2025-S7475 (ACTIVE) - Summary

2025-S7475 (ACTIVE) - Sponsor Memo

2025-S7475 (ACTIVE) - Bill Text download pdf

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Senate Bill S7475

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7475 (ACTIVE) - Details

2025-S7475 (ACTIVE) - Summary

2025-S7475 (ACTIVE) - Sponsor Memo

2025-S7475 (ACTIVE) - Bill Text download pdf

Comments