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 cases involving public assistance recipients and rent issues.
Why it matters
Ensures that critical city agencies, like the Department of Social Services (DSS) and Adult Protective Services (APS), can be required to participate directly in housing cases. this means courts can bring in the very agencies responsible for public assistance or tenant support when rent payment issues arise, potentially streamlining problem-solving for vulnerable tenants.
May lead to faster problem resolution and increased accountability. for public assistance application processing, rent payments, and tenant protection, as the agencies directly involved with tenants’ benefits are required to answer questions or take action in court.
Could improve outcomes for at-risk tenants. (such as those with disabilities or facing eviction due to delayed assistance) because the court can compel relevant city agencies to clarify their role, provide necessary documentation, or expedite aid, reducing unnecessary evictions or homelessness.
Applies to both current and future housing court cases. , meaning its effects would be felt immediately for ongoing disputes, not just newly filed cases, offering immediate recourse for tenants and landlords involved in rent-related public assistance issues.
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Who cares
Headline styles
Let Social Services Join Cases
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
1 Co-sponsor
History
- Signed chap.397
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.219
- Substituted for A676
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 53–9
- Advanced to third reading
- 2nd report cal.
- 1st report cal.698
Show 1 earlier action
- Referred to judiciary
Companion bill
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
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2326
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAVANAGH -- 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.
LBD02241-01-9
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
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 nonpay- ment 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 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.
Fiscal implications
None.
Local fiscal implications
None.
Legislative history
2018: S7033/A7314- REFERRED TO JUDICIARY 2017: S1795/A7314- REFERRED TO JUDICIARY/referred to judiciary 2016: S159/A7314 -REFERRED TO JUDICIARY/referred to judiciary 2015: S159/A1395 -REFERRED TO JUDICIARY/referred to judiciary 2014: S796/A3125 -REFERRED TO JUDICIARY/advanced to third reading
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.