What's happening
This bill allows New York City housing courts to join the Department of Social Services or Adult Protective Services as parties in rent-related cases involving public assistance recipients or applicants.
Why it matters
Enhances tenant protections. By allowing housing courts to bring in the Department of Social Services (DSS) or Adult Protective Services (APS) as parties, the bill ensures that public assistance recipients or applicants have institutional advocates in rent disputes, potentially leading to fairer outcomes and safeguarding vulnerable tenants from eviction or homelessness.
Improves coordination between agencies. The bill formalizes a process for DSS and APS to participate directly in housing court cases, which can streamline the resolution of issues related to public benefits, rent arrears, or protective services, reducing bureaucratic delays that often result in negative outcomes for at-risk individuals.
Applies to ongoing and future cases. By making the law effective immediately and applicable to both pending and new cases, the bill provides immediate relief and support to current litigants in housing court, not just those who file cases after the bill’s passage.
Supports public interest and housing stability. Including city agencies as parties in these cases helps promote broader public policy goals, such as maintaining housing stability for low-income or vulnerable populations and ensuring that state and city resources are properly leveraged to prevent unnecessary displacement.
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Who cares
Headline styles
Let Social Services Join Cases
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
Companion bills
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let DSS Join Housing Cases
Assembly Floor Calendar · Sponsor Yuh-Line Niou
Let Social Services Join Cases
In Senate Committee · Judiciary · Sponsor Brian Kavanagh
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1795
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. SQUADRON -- 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 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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (d) of section 110 of the New York city civil court act, as added by chapter 982 of the laws of 1972, is amended to read as follows:
(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.
§ 2. This act shall take effect 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00503-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2016: S159/A1395 - REFERRED TO JUDICIARY/ referred to judiciary 2015: S159/A1395 - REFERRED TO JUDICIARY/ referred to judiciary 2013-2014: S796/A3125 - REFERRED TO JUDICIARY/advanced to third reading 2011-2012: S55/A2967 - REFERRED TO JUDICIARY/advanced to third reading 2009-2010: S5297/A1494 - ADVANCED TO THIRD READING/advanced to third reading 2007-2008: A666 - advanced to third reading 2005-2006: S3551 (Andrews)/A9369 - REFERRED TO JUDICIARY/ordered to third reading
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.