What's happening
This bill requires housing court petitions to include a detailed notice informing tenants of their rights and housing court procedures.
Why it matters
Empowers tenants with critical knowledge. By requiring clear, bold notices about their rights and housing court processes, the bill helps level the playing field for tenants who might not otherwise understand their legal options or the risks they face when facing eviction or other court actions.
Warns tenants about potential long-term consequences. The required notice explicitly informs tenants that housing court cases may be reported to tenant screening companies and credit bureaus, potentially leading to "blacklisting" and credit score impacts—consequences many tenants may not realize before responding to a petition.
Promotes fairer legal proceedings. The bill ensures tenants are advised of their right to a trial, the ability to assert defenses (like lack of repairs), request inspections, and that only a judge can impose fees or authorize eviction. This information could prevent unlawful or coercive practices by landlords and help tenants avoid waiving important rights.
Supports access to assistance and resources. Tenants are specifically told they can seek help from housing court pro se clerks and request inspections from city agencies, which can be vital for those representing themselves or facing unsafe living conditions.
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Who cares
New York City tenants facing eviction
The bill would require petitions to carry a bold-print notice explaining trial rights, defenses, counterclaims, court assistance and limits on forced eviction.
Landlords filing eviction petitions
Petitioners would have to add the prescribed notice, including information about lease-based fees, rent offsets and tenants’ ability to request inspections.
Housing Court clerks and pro se clerks
The required notice would distinguish clerks’ inability to determine case validity from pro se clerks’ role in providing procedural information and help filing papers.
Residential tenant screening companies and credit reporting companies
The notice would warn tenants that Housing Court case information may appear in screening reports, hinder apartment searches or affect credit scores.
Headline styles
Eviction Notices Must Inform Tenants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2333
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sen. ALCANTARA -- 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 requiring the housing court to provide certain information to tenants
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 110 of the New York city civil court act is amended by adding a new subdivision (q) to read as follows:
(q) The petitioner shall include in bold print at the end of the petition the following notice of information to the respondent:
(1) Clerks of the housing court cannot determine the validity of cases.
(2) Respondent has a right to trial.
(3) The tenant may at any time go to a pro se clerk for information regarding housing court procedure and assistance in filing court papers.
(4) The tenant should assert any defense, including, but not limited to, lack of necessary repairs and may assert any counterclaim or claim for offset against rent in his or her answer.
(5) The tenant may, but does not have to, request the housing, preservation and development office to inspect the premises to confirm any claim of dangerous or unhealthy conditions which the tenant believes may affect the amount of rent due.
(6) The office of court administration sells information to residential tenant screening companies, which results in the tenant's name appearing on nationwide reports sold by these companies to prospective landlords. This may result in a tenant being blacklisted and having difficulties getting another apartment. Information from housing court cases may also be obtained by the major credit reporting companies which may affect a tenant's credit score.
(7) Legal fees, late fees and any other fees may only be imposed after a trial by a housing judge if they are established in a written lease
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06975-01-7
S. 2333 2
and they are not considered part of any rent due unless the lease expressly establishes them as such.
(8) Only a housing judge may issue a warrant to evict a tenant and only a marshal or sheriff is authorized to use force to execute a warrant. The landlord and tenant may agree to terminate the tenancy prior to the issuance or service of a warrant, but no one may compel a tenant without his or her consent to abandon the tenancy.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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 requiring the housing court to provide certain information to tenants
Purpose or general idea of bill
This bill requires tenants in housing court to be given certain information when receiving or submitting certain information to tenants.
Summary of specific provisions
This bill would amend section 110 of the New York city Civil Court Act by adding a new subdivision Q.
Effects of present law this bill would alter
States that included with any and all documents submitted to a tenant in non-payment or eviction proceeding that there shall be a statement informing the tenant of the following:
1) That housing court clerks cannot determine the validity of cases and that they have a right to a trial; 2) That tenants can offset poor services or lack of repairs against the rent; 3) That tenants may call for an inspection while filing the proper paperwork and can wait for the inspection to be ordered by a housing judge; 4) That tenants may at any time go to a pro se clerk for advice; 5) That only a housing court judge may force or ask a tenant to leave his or her apartment; 6) The office of court administration sells information to residential screening companies; 7) Legal fees, late fees and any other fees may only be imposed by a housing judge and they are not considered part of any rent due.
Justification
Currently many tenants who go into housing court are not informed of their rights. This bill would ensure that tenants involved in non-payment or eviction proceedings are at least given a list informing them of their basic rights in the court. Because these proceedings can be very intimidating, tenants should be well-informed before they go into court.
Prior legislative history
2005-06; S.7067-A Died in Senate Judiciary Committee 2007:S.1806(Duane),Died in Judiciary 2008:S.1806(Duane),Died in Judiciary 2009:S.1524(Duane),Died in Judiciary 2010:S.1524(Duane),Died in Judiciary
Fiscal implications
Minimal.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.