§ 110. Housing part. (a) A part of the court shall be devoted to
actions and proceedings involving the enforcement of state and local
laws for the establishment and maintenance of housing standards,
including, but not limited to, the multiple dwelling law and the housing
maintenance code, building code and health code of the administrative
code of the city of New York, as follows:

(1) Actions for the imposition and collection of civil penalties for
the violation of such laws.

(2) Actions for the collection of costs, expenses and disbursements
incurred by the city of New York in the elimination or correction of a
nuisance or other violation of such laws, or in the removal or
demolition of any dwelling pursuant to such laws.

(3) 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 city of New York in the elimination or correction of a nuisance or
other violation of such laws.

(4) Proceedings for the issuance of injunctions and restraining orders
or other orders for the enforcement of housing standards under such
laws.

(5) Actions and proceedings under article seven-A of the real property
actions and proceedings law, and all summary proceedings to recover
possession of residential premises to remove tenants therefrom, and to
render judgment for rent due, including without limitation those cases
in which a tenant alleges a defense under section seven hundred
fifty-five of the real property actions and proceedings law, relating to
stay or proceedings or action for rent upon failure to make repairs,
section three hundred two-a of the multiple dwelling law, relating to
the abatement of rent in case of certain violations of section D26-41.21
of such housing maintenance code.

(6) 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.

(7) 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.

(8) Special proceedings to vest title in the city of New York to
abandoned multiple dwellings.

(9) The city department charged with enforcing the multiple dwelling
law, housing maintenance code, and other state and local laws applicable
to the enforcement of proper housing standards may commence any action
or proceeding described in paragraphs one, two, three, four, six and
seven of 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 part
shall issue an index number.

(b) On the application of any city department, any party, or on its
own motion, the housing part of the civil court shall, unless good cause
is shown to the contrary, consolidate all actions and proceedings
pending in such part as to any building.

(c) Regardless of the relief originally sought by a party the court
may recommend or employ any remedy, program, procedure or sanction
authorized by law for the enforcement of housing standards, if it
believes they will be more effective to accomplish compliance or to
protect and promote the public interest; provided in the event any such
proposed remedy, program or procedure entails the expenditure of monies
appropriated by the city, other than for the utilization and deployment
of personnel and services incidental thereto, the court shall give
notice of such proposed remedy, program or procedure to the city
department charged with the enforcement of local laws relating to
housing maintenance and shall not employ such proposed remedy, program
or procedure, as the case may be, if such department shall advise the
court in writing within the time fixed by the court, which shall not be
less than fifteen days after such notice has been given, of the reasons
such order should not be issued, which advice shall become part of the
record. The court may retain continuing 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 city department
or the court, on its own motion, may join any other person or city
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 the city of New York 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 city of New York in any such action or
proceeding, where appropriate.

(e) Actions and proceedings before the housing part shall be tried
before civil court judges, acting civil court judges, or housing judges.
Housing 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; provided that the assignment of
actions and proceedings to housing judges, the conduct of the trial and
the contents and filing of a housing judge's decision, and all matters
incidental to the operation of the housing part, shall be in accordance
with rules jointly promulgated by the first and second departments of
the appellate division for such part.

(f) The housing judges shall be appointed by the administrative judge
from a list of persons selected annually as qualified by training,
interest, experience, judicial temperament, ability to handle a caseload
involving self-represented litigants and knowledge of federal, state and
local housing laws and programs by the advisory council for the housing
part. The list of persons who have been approved by such advisory
council, whether or not appointed to such judicial position, shall be
deemed public information and be published in the city record
immediately after such list is submitted to the administrative judge.
The annual salary of a housing judge shall be one hundred fifteen
thousand four hundred dollars.

(g) The advisory council for the housing part shall be composed of
three members representative of real estate owners or lessors, including
the chair of the New York city housing authority; three members
representative of tenants' organizations; and two members representative
of each of the following: civic groups, bar associations and the public
at large. Such members shall be appointed by the administrative judge,
with the approval of the presiding justices of the first and second
departments of the appellate division. Except for the member
representing the housing authority, the members of the advisory council
shall be appointed for non-renewable terms of three years. In addition
the mayor of the city of New York shall appoint one member to serve at
his or her pleasure and the commissioner of housing and community
renewal shall be a member.

(h) The advisory council shall meet at least four times a year, and on
such additional occasions as they may require or as may be required by
the administrative judge. Members shall receive no compensation. Members
shall visit the housing part from time to time to review the manner in
which the part is functioning, and make recommendations to the
administrative judge and to the advisory council. A report on the work
of the part shall be prepared annually and submitted to the
administrative judge, the administrative board of the judicial
conference, the majority and minority leaders of the senate and
assembly, the governor, the chairpersons of the judiciary committee in
the senate and assembly and the mayor of the city of New York by the
thirty-first day of January of each year.

(i) Housing judges 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.
Reappointment shall be at the discretion of the administrative judge and
on the basis of the criteria set forth for selection by the advisory
council in subdivision (f) of this section, performance, competency and
results achieved during the preceding term, and the judge's allocution
of stipulations to self-represented litigants and the judge's compliance
with section seven hundred forty-six of the real property actions and
proceedings law.

(k) Unless a party requests a manual stenographic record by filing a
notice with the clerk two working days prior to the date set for an
appearance before the court, hearings shall be recorded mechanically. A
party may request a transcript from a mechanical recording. Any party
making a request for a copy of either a mechanically or manually
recorded transcript shall bear the cost thereof and shall furnish a copy
of the transcript to the court, and to the other parties.

(l) Any city 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.

(m) The service of process in any of the actions or proceedings
specified in subdivision (a) which are brought under the housing
maintenance code of the administrative code of the city of New York
shall be made as herein provided:

(1) Service of process shall be made in the manner prescribed for
actions or proceedings in this court, except where the manner of such
service is provided for in the housing maintenance code of the
administrative code of the city of New York, such service may, as an
alternative, be made as therein provided.

(2) Where the manner of service prescribed for actions or proceedings
in this court includes delivery of the summons to a person at the actual
place of business of the person to be served, such delivery may be made
alternatively to a person of suitable age and discretion at the address
registered with the department charged with the enforcement of local
laws relating to housing maintenance pursuant to article forty-one of
such code, hereinafter referred to as the "registered address".

(3) Where the manner of service prescribed for actions or proceedings
in this court includes affixing the summons to the door of the actual
place of business of the person to be served, the summons may, as an
alternative, be posted in a conspicuous place on either the premises
specified in the summons or the registered address.

(4) Where the manner of service for actions or proceedings in this
court includes mailing the summons to the person to be served at his
last known residence, the summons may, as an alternative, be mailed to
the registered address; however, if the person to be served has not
registered as required by article forty-one of such housing maintenance
code, such summons may, as an alternative, be mailed to an address
registered in the last registration statement filed with such department
other than the address of the managing agent of the premises and to the
last known address of the person to be served.

(5) Where the manner of service for actions or proceedings in this
court includes mailing the summons to the person to be served at his
last known residence, if the person to be served is a corporation and if
either: (i) an officer of such corporation, (ii) the managing agent of
such corporation for the premises involved in the suit or (iii) a person
designated by such corporation to receive notices in its behalf, other
than the secretary of state, has been named a party to the suit, the
summons may, as an alternative, be mailed to the registered address of
such corporation or, if such corporation has not registered as required
by such code, to the address of such corporation set forth in a document
filed or recorded with a governmental agency.

(6) A copy of the summons with proof of service shall be filed in the
manner provided in section four hundred nine, except that such filing
shall be made with the clerk of the housing part in the county in which
the action is brought.

(n) Nothing contained in the section one hundred ten shall in any way
affect the right of any party to trial by jury as heretofore provided by
law.

(o) There shall be a sufficient number of pro se clerks of the housing
part 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,
advising persons to seek administrative relief.

(p) The court shall review the performance and records of
administrators appointed pursuant to article seven-A of the real
property actions and proceedings law or receivers appointed pursuant to
paragraph six of subdivision (a) of this section. Such review shall
include but not be limited to an examination of the accountings
submitted by such administrators or receivers and an examination of the
plan submitted to the court pursuant to subdivision nine of section
seven hundred seventy-eight of the real property actions and proceedings
law. The court may compel the production of any records it deems
necessary to perform such review.

(q) (1) The office of court administration shall by rule promulgate a
Spanish version of the Notice of Petition that shall include a
designated telephone number which will provide information to the
respondent in Spanish on the court process for eviction, and the Notice
of Petition shall be required to be served together with an English
version in all proceedings commenced under section seven hundred
thirty-two of the real property actions and proceedings law.

(2) The office of court administration shall by rule promulgate a
notice to be annexed to all Notices of Petitions subject to proceedings
commenced under section seven hundred thirty-two of the real property
actions and proceedings law, which shall state, in the six most common
languages in the city of New York, after Spanish, that the respondent
may obtain a copy of the Notice of Petition form in those six most
common languages on the internet website of the office of court
administration which shall be provided on this notice for this purpose,
and may call a designated telephone number, listed on the notice, which
will provide information on the court process for eviction in those six
languages.

(3) The office of court administration shall by rule revise the text
of the postcard currently required to be filed by petitioners in
proceedings subject to article seven of the real property actions and
proceedings law to include notice in the seven most common languages in
the city of New York, that the respondent may call a designated
telephone number, listed on the postcard, for more information on the
court process for eviction.

(4) The office of court administration shall promulgate notices in the
seven most common languages in the city of New York to be distributed to
litigants in the housing part of the civil court advising them of the
right to have all court proceedings and any agreements settling the case
interpreted to them orally in their native language.