What's happening
This bill requires housing court petitions to include a notice informing tenants of their rights and important court procedures.
Why it matters
Empowers tenants with critical information. By requiring landlords to provide a clear, bold summary of tenants’ rights and court procedures, the bill helps ensure tenants are not left in the dark about the legal process, their right to a trial, and options for asserting defenses or counterclaims.
Highlights the risks of tenant blacklisting. The mandated notice must inform tenants that housing court filings may end up in tenant screening databases and credit reports, which can impact future housing and credit opportunities—making the stakes of legal proceedings more transparent.
Clarifies limits on fees and eviction. The bill emphasizes that legal and late fees can only be imposed after a trial if specified in a written lease, and that only a judge may order an eviction, protecting tenants from unlawful or premature displacement.
Encourages use of court resources. Tenants are made aware of their right to seek help from pro se clerks and to request official inspections for unsafe conditions, potentially leveling the playing field for those without legal representation.
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Who cares
Headline styles
Bold Info for Eviction Notices
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
1129
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sen. BENJAMIN -- 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.
LBD06079-01-9
S. 1129 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
This bill requires tenants in housing court to be given certain informa- tion when receiving or submitting certain information to tenants.
Summary of provisions
Adds new subdivision Q to Section 110 of the New York City Civil Court Act to require that housing court provide tenants with the following information with any and all documents submitted to a tenant in non-pay- ment or eviction proceeding:
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-pay- ment 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.
Legislative history
2017-18: S.2333 2015-16: S.3091/A.3861 2013-14: S.27/ A.3550 2011-12: S.1291/A.506
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect after 180 days.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.