What's happening
This bill requires attorneys to file a certificate of merit, with supporting documents, in eviction proceedings to ensure claims are valid.
Why it matters
Helps Prevent Frivolous or Unsubstantiated Eviction Cases. By requiring attorneys to certify they've reviewed key documents and believe there is a reasonable basis for eviction, this bill aims to reduce the number of eviction filings based on incomplete or flimsy evidence.
Increases Transparency and Fairness for Tenants. Tenants will be better informed about the basis for eviction, as landlords (through their attorneys) must share leases and supporting documents up front or attest to why they cannot, making it harder to evict without cause.
Provides Courts With More Complete Records. Judges will have essential documents at the outset of proceedings, potentially speeding up legitimate cases while allowing quicker dismissal of baseless ones.
Introduces Accountability for Petitioners and Attorneys. If required documents are willfully withheld, courts may dismiss cases or impose costs and attorney fees, incentivizing compliance and discouraging misuse of the eviction process.
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Who cares
Headline styles
Require Proof for Evictions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Print number 4723a
- Amend and recommit to judiciary
- 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.
Proof Needed for Eviction Cases
Assembly Floor Calendar · Sponsor Harvey Epstein
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4723--A
2019-2020 Regular Sessions
IN SENATE
March 22, 2019
Introduced by Sen. RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the civil practice law and rules, in relation to requiring a certificate of merit in proceedings to recover possession of real property
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new section 403-a to read as follows:
§ 403-a. Certificate of merit in proceedings to recover possession of real property. (a) In any proceeding under article seven of the real property actions and proceedings law, the petition shall be accompanied by a certificate, signed by the attorney for petitioner, certifying that the attorney has reviewed the facts of the case and that, based on consultation with representatives of petitioner identified in the certificate and the attorney's review of pertinent documents, including the lease, rental records in an action based on non-payment of rent, and any documents that establish any grounds for eviction, to the best of such attorney's knowledge, information and belief there is a reasonable basis for the commencement of such action. If not attached to the notice of petition and petition, a copy of the lease, if any, and any other document relevant to the claims of petitioner, and which petitioner intends to use as evidence at trial, shall be attached to the certificate.
(b) Where a certificate is required pursuant to this section, a single certificate shall be filed for each action even if more than one respondent has been named in the petition or is subsequently named.
(c) Where the documents required under subdivision (a) of this section are not attached to the notice of petition and petition or to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10928-07-9
S. 4723--A 2
certificate, the attorney for the petitioner shall attach to the certificate supplemental affidavits by such attorney or representative of petitioner attesting that such documents are lost whether by destruction, theft or otherwise. Nothing in this subdivision shall replace or abrogate petitioner's obligations as set forth in the New York uniform commercial code.
(d) If a petitioner willfully fails to provide copies of the papers and documents required by subdivision (a) of this section and the court finds, upon the motion of any party or on its own motion on notice to the parties, that such papers and documents ought to have been provided, the court may dismiss the petition or issue an order with regard to such failure as is just including but not limited to any costs, attorneys' fees and other fees, relating to the petition. Any such dismissal shall be without prejudice and shall not be on the merits.
§ 2. This act shall take effect immediately and shall apply to proceedings commenced on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to requiring a certificate of merit in proceedings to recover possession of real property
Purpose or general idea of bill
To eliminate frivolous eviction lawsuits that clog up housing courts and often serve as a method to harass tenants into agreeing to stipulations they cannot realistically abide by or worse, abandon their housing.
Summary of provisions
Section 1 amends the civil practice law and rules by adding a new section 403-a that requires a petition in an eviction proceeding be accompanied by a certificate signed by the petitioner's attorney certi- fying that the attorney has reviewed the facts of the case and any pertinent documents and that the attorney believes there's a reasonable basis to commence an eviction action.
Willful failure to provide the certificate allows the court to dismiss the petition.
Section 2 provides the effective date
Justification
FY 2018 saw 223,486 eviction petitions filed in New York City alone. Thanks to the implementation the City's Universal Access Law, 25,649 households were afforded legal services that amounted to either advice given by an attorney or full legal representation in court, which helped 21,955 individuals who had been threatened with eviction stay in their homes.
While innovations like the City's Universal Access Law have greatly helped keep tenants in their homes and connected to their communities, for too many New Yorkers, housing court is often the last stop before becoming homeless. Even in its infancy, the success of the City's program to provide free legal services to tenants facing eviction suggests that many eviction cases may not even belong in our courts to begin with.
Because of the lucrative real estate market in New York, landlords will- ingly spend thousands to evict tenants--especially those who enjoy some form of rent regulation--with the promise that they will eventually be able to net a free market rent.
The conditions that have precipitated our state's current homelessness and affordable housing crisis are not unlike the ones we witnessed during the foreclosure crisis a decade ago. Unscrupulous banks brought foreclosure actions with abandon until a court rule was issued requiring a certificate of merit be completed by an attorney. The certificate requires an attorney for the petitioner to swear on the merits of the case. The number of foreclosure actions fell precipitously after the order was issued, and Governor Cuomo later signed a bill codifying the order into law.
The success of the certificate of merit law had with regard to foreclo- sure actions can be replicated to drive down frivolous eviction suits. If this bill were signed into law and had a similar effect, eviction suits could drop considerably. Tenants should not have to live in fear and our court system should not be exploited by landlords who are wast- ing taxpayer dollars to worsen the homelessness crisis in our state.
Prior legislative history
New bill.
Fiscal implications for state and local governments
None
Effective date
Immediately after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.