Permits New York city department of social services to participate in proceedings in housing part of civil court

BILL NUMBER:S796

Title of bill

An act to amend the New York city civil court act, in relation to the participation of the department of social services of the city of New York in certain actions and proceedings in the housing part of such court

Purpose or general idea of bill

This bill would enable the Court to carry out its mandate of resolving a landlord/tenant dispute in cases where a tenant being sued for nonpayment of rent, claims that he cannot pay because of denial of welfare benefits, failure to replace a lost or stolen check, or other action or inaction on the part of the department of social services.

Summary of specific provisions

This bill amends section 110 of the New York city civil court act, which provides for the joiner in cases in the housing part of civil court of additional parties, including city departments. The section as amended, specifically authorizes the Court to bring in the department of social services on request of any party or on its own initiative, when public assistance payments to a tenant are at issue in a case.

Justification

Many tenants sued for nonpayment of rent in housing court, are welfare recipients in situations which the dispute actually involves three parties: landlord, tenant, and the department of social services. Welfare recipients seeking to replace a missing rent check are sometimes told by social service employees that a duplicate check can only be issued if the tenant faces imminent eviction; that is, if the landlord has already won his case in court. Besides imposing a hardship on the tenant, this procedure needlessly complicates the role of both parties as well as the court and the department The housing court act, designed to set up a system to achieve a complete resolution of the cases before it, authorized the court to bring in city agencies as needed. Despite this provision, the courts are divided as to the power to implead the department of social services in cases in which it is involved. This bill would make it clear that such power exists.

Prior legislative history

2007: A.666 2006: A.9369 2005: A.751 2009: S.5297 - Third Reading, Rules, A 1494 - Third Reading Cal. 18 2010: S.5297 - Judiciary, A.1494 - Third Reading Cal. 657 2011: REFERRED TO JUDICIARY 2012: REFERRED TO JUDICIARY

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately, and shall govern any action or proceeding pending in the housing part on the effective date of this act, as well as actions and proceedings instituted thereafter.