S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3088
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the New York city civil court act, in relation to judges
         of the New York city housing part
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 110 of the New York city civil court act, as  added
    2  by chapter 982 of the laws of 1972, subdivisions (a) and (l) as amended,
    3  subdivision  (n)  as  relettered and subdivision (o) as added by chapter
    4  849 of the laws of 1977, paragraph 9 of subdivision (a)  as  amended  by
    5  chapter  309  of the laws of 1978, subdivision (c) as amended by chapter
    6  701 of the laws of 1973, subdivision (e) as amended by  chapter  528  of
    7  the  laws  of 1984, subdivision (f) as amended by chapter 64 of the laws
    8  of 2007, subdivision (g) as amended by chapter 488 of the laws of  2010,
    9  subdivision  (h) as amended by chapter 524 of the laws of 2005, subdivi-
   10  sion (i) as amended by chapter 310 of the laws of 1978, subdivision  (m)
   11  as  amended  by chapter 664 of the laws of 1978, paragraph 3 of subdivi-
   12  sion (m) as amended by chapter 524 of the laws of 1980, subdivision  (n)
   13  as added by chapter 704 of the laws of 1973 and subdivision (p) as added
   14  by chapter 95 of the laws of 1989, is amended to read as follows:
   15    S  110.  Housing  part.  (a)  A  part of the court shall be devoted to
   16  actions and proceedings involving the enforcement  of  state  and  local
   17  laws for the establishment and maintenance of housing standards, includ-
   18  ing, but not limited to, the multiple dwelling law and the housing main-
   19  tenance  code,  building code and health code of the administrative code
   20  of the city of New York, as follows:
   21    (1) Actions for the imposition and collection of civil  penalties  for
   22  the violation of such laws.
   23    (2)  Actions  for  the collection of costs, expenses and disbursements
   24  incurred by the city of New York in the elimination or correction  of  a
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08511-01-5
       S. 3088                             2
    1  nuisance  or  other violation of such laws, or in the removal or demoli-
    2  tion of any dwelling pursuant to such laws.
    3    (3)  Actions  and  proceedings  for  the establishment, enforcement or
    4  foreclosure of liens upon real property and upon the rents therefrom for
    5  civil penalties, or for costs, expenses and  disbursements  incurred  by
    6  the  city  of New York in the elimination or correction of a nuisance or
    7  other violation of such laws.
    8    (4) Proceedings for the issuance of injunctions and restraining orders
    9  or other orders for the enforcement  of  housing  standards  under  such
   10  laws.
   11    (5) Actions and proceedings under article seven-A of the real property
   12  actions  and  proceedings  law,  and  all summary proceedings to recover
   13  possession of residential premises to remove tenants therefrom,  and  to
   14  render  judgment  for rent due, including without limitation those cases
   15  in which a tenant alleges a defense under section seven  hundred  fifty-
   16  five  of the real property actions and proceedings law, relating to stay
   17  or proceedings or action for rent upon failure to make repairs,  section
   18  three hundred two-a of the multiple dwelling law, relating to the abate-
   19  ment  of  rent  in  case  of  certain  violations of section [D26-41.21]
   20  27-2017 of such housing maintenance code.
   21    (6) Proceedings for the appointment of a receiver of rents, issues and
   22  profits of buildings in order to remove or remedy a nuisance or to  make
   23  repairs required to be made under such laws.
   24    (7)  Actions  and  proceedings  for  the removal of housing violations
   25  recorded pursuant to such laws, or for the imposition of such  violation
   26  or for the stay of any penalty thereunder.
   27    (8) Special proceedings to vest title in the city of New York to aban-
   28  doned multiple dwellings.
   29    (9)  The  city department charged with enforcing the multiple dwelling
   30  law, housing maintenance code, and other state and local laws applicable
   31  to the enforcement of proper housing standards may commence  any  action
   32  or  proceeding  described  in  paragraphs one, two, three, four, six and
   33  seven of this subdivision by an order to show cause,  returnable  within
   34  five  days,  or  within  any  other time period in the discretion of the
   35  court. Upon the signing of such order, the clerk  of  the  housing  part
   36  shall issue an index number.
   37    (b)  On  the  application of any city department, any party, or on its
   38  own motion, the housing part of the civil court shall, unless good cause
   39  is shown to the contrary, consolidate all actions and proceedings  pend-
   40  ing in such part as to any building.
   41    (c)  Regardless  of  the relief originally sought by a party the court
   42  may recommend or employ  any  remedy,  program,  procedure  or  sanction
   43  authorized  by  law  for  the  enforcement  of  housing standards, if it
   44  believes they will be more effective  to  accomplish  compliance  or  to
   45  protect  and promote the public interest; provided in the event any such
   46  proposed remedy, program or procedure entails the expenditure of  monies
   47  appropriated  by the city, other than for the utilization and deployment
   48  of personnel and services  incidental  thereto,  the  court  shall  give
   49  notice of such proposed remedy, program or procedure to the city depart-
   50  ment  charged  with  the  enforcement  of local laws relating to housing
   51  maintenance and shall not employ such proposed remedy, program or proce-
   52  dure, as the case may be, if such department shall advise the  court  in
   53  writing within the time fixed by the court, which shall not be less than
   54  fifteen days after such notice has been given, of the reasons such order
   55  should  not be issued, which advice shall become part of the record. The
       S. 3088                             3
    1  court may retain continuing jurisdiction of  any  action  or  proceeding
    2  relating to a building until all violations of law have been removed.
    3    (d)  In any of the actions or proceedings specified in subdivision (a)
    4  OF THIS SECTION and on the application of any party, any city department
    5  or the court, on its own motion, may  join  any  other  person  or  city
    6  department  as a party in order to effectuate proper housing maintenance
    7  standards and to promote the public interest.
    8    (e) Actions and proceedings before the housing  part  shall  be  tried
    9  before civil court judges, acting civil court judges, or housing judges.
   10  Housing judges shall be [appointed] ELECTED pursuant to [subdivision (f)
   11  of  this section] SECTION FIFTEEN OF ARTICLE SIX OF THE CONSTITUTION and
   12  shall be duly constituted judicial officers, empowered to  hear,  deter-
   13  mine  and  grant any relief within the powers of the housing part in any
   14  action or proceeding except those to be  tried  by  jury.  Such  housing
   15  judges  shall  have  the  power  of  judges  of  the court to punish for
   16  contempts.  Rules  of  evidence  shall  be  applicable  in  actions  and
   17  proceedings  before  the  housing  part.  The determination of a housing
   18  judge shall be final and shall be entered and may  be  appealed  in  the
   19  same  manner as a judgment of the court; provided that the assignment of
   20  actions and proceedings to housing judges, the conduct of the trial  and
   21  the  contents  and filing of a housing judge's decision, and all matters
   22  incidental to the operation of the housing part, shall be in  accordance
   23  with  rules  jointly  promulgated by the first and second departments of
   24  the appellate division for such part.
   25    (f) [The housing judges shall be appointed by the administrative judge
   26  from a list of persons  selected  annually  as  qualified  by  training,
   27  interest,  experience,  judicial  temperament  and knowledge of federal,
   28  state and local housing laws and programs by the  advisory  council  for
   29  the  housing  part.  The  list of persons who have been approved by such
   30  advisory council, whether or not appointed to  such  judicial  position,
   31  shall  be  deemed public information and be published in the city record
   32  immediately after such list is submitted to the  administrative  judge.]
   33  The  annual  salary  of  a  housing judge shall be one hundred [fifteen]
   34  TWENTY-FIVE thousand [four] SIX hundred dollars.
   35    (g) The advisory council for the housing part  shall  be  composed  of
   36  three members representative of real estate owners or lessors, including
   37  the  chair  of the New York city housing authority; three members repre-
   38  sentative of tenants' organizations; and two members  representative  of
   39  each  of the following: civic groups, bar associations and the public at
   40  large. Such members shall be appointed by the administrative judge, with
   41  the approval of the presiding justices of the first and  second  depart-
   42  ments  of the appellate division. Except for the member representing the
   43  housing  authority,  the  members  of  the  advisory  council  shall  be
   44  appointed  for non-renewable terms of three years. In addition the mayor
   45  of the city of New York shall appoint one member to serve at his or  her
   46  pleasure  and the commissioner of housing and community renewal shall be
   47  a member.
   48    (h) The advisory council shall meet at least four times a year, and on
   49  such additional occasions as they may require or as may be  required  by
   50  the administrative judge. Members shall receive no compensation. Members
   51  shall  visit  the housing part from time to time to review the manner in
   52  which the part is functioning, and make recommendations to the  adminis-
   53  trative  judge  and to the advisory council. A report on the work of the
   54  part shall be prepared annually  and  submitted  to  the  administrative
   55  judge, the administrative board of the judicial conference, the majority
   56  and  minority  leaders  of  the  senate  and assembly, the governor, the
       S. 3088                             4
    1  chairpersons of the judiciary committee in the senate and  assembly  and
    2  the  mayor of the city of New York by the thirty-first day of January of
    3  each year.
    4    (i)  Housing  judges  shall have been admitted to the bar of the state
    5  for at least five years, two years of which shall have  been  in  active
    6  practice.  Each  housing  judge  shall  serve  full-time  for [five] TEN
    7  years[.  Reappointment shall be at the discretion of the  administrative
    8  judge  and  on  the  basis  of  the  performance, competency and results
    9  achieved during the preceding term].
   10    [(k)] (J) Unless a party requests  a  manual  stenographic  record  by
   11  filing  a  notice  with the clerk two working days prior to the date set
   12  for an appearance before the court, hearings shall be  recorded  mechan-
   13  ically.  A  party  may request a transcript from a mechanical recording.
   14  Any party making a request for a copy of either a mechanically or  manu-
   15  ally recorded transcript shall bear the cost thereof and shall furnish a
   16  copy of the transcript to the court, and to the other parties.
   17    [(l)]  (K)  Any  city  department  charged with enforcing any state or
   18  local law applicable to the enforcement of proper housing standards  may
   19  be  represented  in  the  housing  part by its department counsel in any
   20  action or proceeding in which it is a party. A corporation  which  is  a
   21  party  may  be represented by an officer, director or a principal stock-
   22  holder.
   23    [(m)] (L) The service of process in any of the actions or  proceedings
   24  specified in subdivision (a) OF THIS SECTION which are brought under the
   25  housing  maintenance  code of the administrative code of the city of New
   26  York shall be made as herein provided:
   27    (1) Service of process shall be made  in  the  manner  prescribed  for
   28  actions  or  proceedings  in this court, except where the manner of such
   29  service is provided for in the housing maintenance code of the  adminis-
   30  trative  code  of the city of New York, such service may, as an alterna-
   31  tive, be made as therein provided.
   32    (2) Where the manner of service prescribed for actions or  proceedings
   33  in this court includes delivery of the summons to a person at the actual
   34  place  of business of the person to be served, such delivery may be made
   35  alternatively to a person of suitable age and discretion at the  address
   36  registered  with  the  department  charged with the enforcement of local
   37  laws relating to housing maintenance pursuant to article [forty-one] TWO
   38  OF SUBCHAPTER FOUR OF CHAPTER TWO OF TITLE TWENTY-SEVEN  of  such  code,
   39  hereinafter referred to as the "registered address".
   40    (3)  Where the manner of service prescribed for actions or proceedings
   41  in this court includes affixing the summons to the door  of  the  actual
   42  place  of  business  of  the person to be served, the summons may, as an
   43  alternative, be posted in a conspicuous place  on  either  the  premises
   44  specified in the summons or the registered address.
   45    (4)  Where  the  manner  of service for actions or proceedings in this
   46  court includes mailing the summons to the person to be served at his  OR
   47  HER  last known residence, the summons may, as an alternative, be mailed
   48  to the registered address; however, if the person to be served  has  not
   49  registered  as required by article [forty-one] TWO OF SUBCHAPTER FOUR OF
   50  CHAPTER TWO OF TITLE TWENTY-SEVEN of such housing maintenance code, such
   51  summons may, as an alternative, be mailed to an  address  registered  in
   52  the  last  registration  statement filed with such department other than
   53  the address of the managing agent of the premises and to the last  known
   54  address of the person to be served.
   55    (5)  Where  the  manner  of service for actions or proceedings in this
   56  court includes mailing the summons to the person to be served at his  OR
       S. 3088                             5
    1  HER  last  known  residence, if the person to be served is a corporation
    2  and if either: (i) an officer of such  corporation,  (ii)  the  managing
    3  agent of such corporation for the premises involved in the suit or (iii)
    4  a  person  designated  by  such  corporation  to  receive notices in its
    5  behalf, other than the secretary of state, has been named a party to the
    6  suit, the summons may, as an alternative, be mailed  to  the  registered
    7  address  of  such corporation or, if such corporation has not registered
    8  as required by such code, to the address of such corporation  set  forth
    9  in a document filed or recorded with a governmental agency.
   10    (6)  A copy of the summons with proof of service shall be filed in the
   11  manner provided in section four hundred nine OF THIS  ACT,  except  that
   12  such  filing  shall  be  made  with the clerk of the housing part in the
   13  county in which the action is brought.
   14    [(n)] (M) Nothing contained in [the] THIS section  [one  hundred  ten]
   15  shall in any way affect the right of any party to trial by jury as here-
   16  tofore provided by law.
   17    [(o)]  (N)  There shall be a sufficient number of pro se clerks of the
   18  housing part to assist persons without counsel.  Such  assistance  shall
   19  include,  but  need  not  be limited to providing information concerning
   20  court procedure, helping to file court papers, and,  where  appropriate,
   21  advising persons to seek administrative relief.
   22    [(p)] (O) The court shall review the performance and records of admin-
   23  istrators  appointed  pursuant  to  article seven-A of the real property
   24  actions and proceedings law or receivers appointed pursuant to paragraph
   25  six of subdivision (a) of this section. Such review  shall  include  but
   26  not  be  limited  to an examination of the accountings submitted by such
   27  administrators or receivers and an examination of the plan submitted  to
   28  the  court  pursuant to subdivision nine of section seven hundred seven-
   29  ty-eight of the real property actions and proceedings law. The court may
   30  compel the production of any records it deems necessary to perform  such
   31  review.
   32    S 2. For purposes of this act, those judges currently sitting as hous-
   33  ing  court  judges of the housing part of the civil court of the city of
   34  New York on the effective date of this act may continue in such judicial
   35  positions until the expiration of their appointed  judicial  term.  Upon
   36  any such expiration or other vacancy occurring in such judicial position
   37  the  ensuing  vacancy shall be filled in the manner provided by subdivi-
   38  sion (e) of section 110 of the New York city civil court act.
   39    S 3. This act shall take effect on the first of January next  succeed-
   40  ing the date on which it shall have become a law.