N.Y. New York City Civil Court Act § 110: Housing part

§ 110. Housing part. (a) A part of the court shall be devoted to

actions and proceedings involving the enforcement of state and local

laws for the establishment and maintenance of housing standards,

including, but not limited to, the multiple dwelling law and the housing

maintenance code, building code and health code of the administrative

code of the city of New York, as follows:

(1) Actions for the imposition and collection of civil penalties for

the violation of such laws.

(2) Actions for the collection of costs, expenses and disbursements

incurred by the city of New York in the elimination or correction of a

nuisance or other violation of such laws, or in the removal or

demolition of any dwelling pursuant to such laws.

(3) Actions and proceedings for the establishment, enforcement or

foreclosure of liens upon real property and upon the rents therefrom for

civil penalties, or for costs, expenses and disbursements incurred by

the city of New York in the elimination or correction of a nuisance or

other violation of such laws.

(4) Proceedings for the issuance of injunctions and restraining orders

or other orders for the enforcement of housing standards under such

laws.

(5) Actions and proceedings under article seven-A of the real property

actions and proceedings law, and all summary proceedings to recover

possession of residential premises to remove tenants therefrom, and to

render judgment for rent due, including without limitation those cases

in which a tenant alleges a defense under section seven hundred

fifty-five of the real property actions and proceedings law, relating to

stay or proceedings or action for rent upon failure to make repairs,

section three hundred two-a of the multiple dwelling law, relating to

the abatement of rent in case of certain violations of section D26-41.21

of such housing maintenance code.

(6) Proceedings for the appointment of a receiver of rents, issues and

profits of buildings in order to remove or remedy a nuisance or to make

repairs required to be made under such laws.

(7) Actions and proceedings for the removal of housing violations

recorded pursuant to such laws, or for the imposition of such violation

or for the stay of any penalty thereunder.

(8) Special proceedings to vest title in the city of New York to

abandoned multiple dwellings.

(9) The city department charged with enforcing the multiple dwelling

law, housing maintenance code, and other state and local laws applicable

to the enforcement of proper housing standards may commence any action

or proceeding described in paragraphs one, two, three, four, six and

seven of this subdivision by an order to show cause, returnable within

five days, or within any other time period in the discretion of the

court. Upon the signing of such order, the clerk of the housing part

shall issue an index number.

(b) On the application of any city department, any party, or on its

own motion, the housing part of the civil court shall, unless good cause

is shown to the contrary, consolidate all actions and proceedings

pending in such part as to any building.

(c) Regardless of the relief originally sought by a party the court

may recommend or employ any remedy, program, procedure or sanction

authorized by law for the enforcement of housing standards, if it

believes they will be more effective to accomplish compliance or to

protect and promote the public interest; provided in the event any such

proposed remedy, program or procedure entails the expenditure of monies

appropriated by the city, other than for the utilization and deployment

of personnel and services incidental thereto, the court shall give

notice of such proposed remedy, program or procedure to the city

department charged with the enforcement of local laws relating to

housing maintenance and shall not employ such proposed remedy, program

or procedure, as the case may be, if such department shall advise the

court in writing within the time fixed by the court, which shall not be

less than fifteen days after such notice has been given, of the reasons

such order should not be issued, which advice shall become part of the

record. The court may retain continuing jurisdiction of any action or

proceeding relating to a building until all violations of law have been

removed.

(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.

(e) Actions and proceedings before the housing part shall be tried

before civil court judges, acting civil court judges, or housing judges.

Housing judges shall be appointed pursuant to subdivision (f) of this

section and shall be duly constituted judicial officers, empowered to

hear, determine and grant any relief within the powers of the housing

part in any action or proceeding except those to be tried by jury. Such

housing judges shall have the power of judges of the court to punish for

contempts. Rules of evidence shall be applicable in actions and

proceedings before the housing part. The determination of a housing

judge shall be final and shall be entered and may be appealed in the

same manner as a judgment of the court; provided that the assignment of

actions and proceedings to housing judges, the conduct of the trial and

the contents and filing of a housing judge's decision, and all matters

incidental to the operation of the housing part, shall be in accordance

with rules jointly promulgated by the first and second departments of

the appellate division for such part.

(f) The housing judges shall be appointed by the administrative judge

from a list of persons selected annually as qualified by training,

interest, experience, judicial temperament, ability to handle a caseload

involving self-represented litigants and knowledge of federal, state and

local housing laws and programs by the advisory council for the housing

part. The list of persons who have been approved by such advisory

council, whether or not appointed to such judicial position, shall be

deemed public information and be published in the city record

immediately after such list is submitted to the administrative judge.

The annual salary of a housing judge shall be one hundred fifteen

thousand four hundred dollars.

(g) The advisory council for the housing part shall be composed of

three members representative of real estate owners or lessors, including

the chair of the New York city housing authority; three members

representative of tenants' organizations; and two members representative

of each of the following: civic groups, bar associations and the public

at large. Such members shall be appointed by the administrative judge,

with the approval of the presiding justices of the first and second

departments of the appellate division. Except for the member

representing the housing authority, the members of the advisory council

shall be appointed for non-renewable terms of three years. In addition

the mayor of the city of New York shall appoint one member to serve at

his or her pleasure and the commissioner of housing and community

renewal shall be a member.

(h) The advisory council shall meet at least four times a year, and on

such additional occasions as they may require or as may be required by

the administrative judge. Members shall receive no compensation. Members

shall visit the housing part from time to time to review the manner in

which the part is functioning, and make recommendations to the

administrative judge and to the advisory council. A report on the work

of the part shall be prepared annually and submitted to the

administrative judge, the administrative board of the judicial

conference, the majority and minority leaders of the senate and

assembly, the governor, the chairpersons of the judiciary committee in

the senate and assembly and the mayor of the city of New York by the

thirty-first day of January of each year.

(i) Housing judges shall have been admitted to the bar of the state

for at least five years, two years of which shall have been in active

practice. Each housing judge shall serve full-time for five years.

Reappointment shall be at the discretion of the administrative judge and

on the basis of the criteria set forth for selection by the advisory

council in subdivision (f) of this section, performance, competency and

results achieved during the preceding term, and the judge's allocution

of stipulations to self-represented litigants and the judge's compliance

with section seven hundred forty-six of the real property actions and

proceedings law.

(k) Unless a party requests a manual stenographic record by filing a

notice with the clerk two working days prior to the date set for an

appearance before the court, hearings shall be recorded mechanically. A

party may request a transcript from a mechanical recording. Any party

making a request for a copy of either a mechanically or manually

recorded transcript shall bear the cost thereof and shall furnish a copy

of the transcript to the court, and to the other parties.

(l) Any city department charged with enforcing any state or local law

applicable to the enforcement of proper housing standards may be

represented in the housing part by its department counsel in any action

or proceeding in which it is a party. A corporation which is a party may

be represented by an officer, director or a principal stockholder.

(m) The service of process in any of the actions or proceedings

specified in subdivision (a) which are brought under the housing

maintenance code of the administrative code of the city of New York

shall be made as herein provided:

(1) Service of process shall be made in the manner prescribed for

actions or proceedings in this court, except where the manner of such

service is provided for in the housing maintenance code of the

administrative code of the city of New York, such service may, as an

alternative, be made as therein provided.

(2) Where the manner of service prescribed for actions or proceedings

in this court includes delivery of the summons to a person at the actual

place of business of the person to be served, such delivery may be made

alternatively to a person of suitable age and discretion at the address

registered with the department charged with the enforcement of local

laws relating to housing maintenance pursuant to article forty-one of

such code, hereinafter referred to as the "registered address".

(3) Where the manner of service prescribed for actions or proceedings

in this court includes affixing the summons to the door of the actual

place of business of the person to be served, the summons may, as an

alternative, be posted in a conspicuous place on either the premises

specified in the summons or the registered address.

(4) Where the manner of service for actions or proceedings in this

court includes mailing the summons to the person to be served at his

last known residence, the summons may, as an alternative, be mailed to

the registered address; however, if the person to be served has not

registered as required by article forty-one of such housing maintenance

code, such summons may, as an alternative, be mailed to an address

registered in the last registration statement filed with such department

other than the address of the managing agent of the premises and to the

last known address of the person to be served.

(5) Where the manner of service for actions or proceedings in this

court includes mailing the summons to the person to be served at his

last known residence, if the person to be served is a corporation and if

either: (i) an officer of such corporation, (ii) the managing agent of

such corporation for the premises involved in the suit or (iii) a person

designated by such corporation to receive notices in its behalf, other

than the secretary of state, has been named a party to the suit, the

summons may, as an alternative, be mailed to the registered address of

such corporation or, if such corporation has not registered as required

by such code, to the address of such corporation set forth in a document

filed or recorded with a governmental agency.

(6) A copy of the summons with proof of service shall be filed in the

manner provided in section four hundred nine, except that such filing

shall be made with the clerk of the housing part in the county in which

the action is brought.

(n) Nothing contained in the section one hundred ten shall in any way

affect the right of any party to trial by jury as heretofore provided by

law.

(o) There shall be a sufficient number of pro se clerks of the housing

part to assist persons without counsel. Such assistance shall include,

but need not be limited to providing information concerning court

procedure, helping to file court papers, and, where appropriate,

advising persons to seek administrative relief.

(p) The court shall review the performance and records of

administrators appointed pursuant to article seven-A of the real

property actions and proceedings law or receivers appointed pursuant to

paragraph six of subdivision (a) of this section. Such review shall

include but not be limited to an examination of the accountings

submitted by such administrators or receivers and an examination of the

plan submitted to the court pursuant to subdivision nine of section

seven hundred seventy-eight of the real property actions and proceedings

law. The court may compel the production of any records it deems

necessary to perform such review.

(q) (1) The office of court administration shall by rule promulgate a

Spanish version of the Notice of Petition that shall include a

designated telephone number which will provide information to the

respondent in Spanish on the court process for eviction, and the Notice

of Petition shall be required to be served together with an English

version in all proceedings commenced under section seven hundred

thirty-two of the real property actions and proceedings law.

(2) The office of court administration shall by rule promulgate a

notice to be annexed to all Notices of Petitions subject to proceedings

commenced under section seven hundred thirty-two of the real property

actions and proceedings law, which shall state, in the six most common

languages in the city of New York, after Spanish, that the respondent

may obtain a copy of the Notice of Petition form in those six most

common languages on the internet website of the office of court

administration which shall be provided on this notice for this purpose,

and may call a designated telephone number, listed on the notice, which

will provide information on the court process for eviction in those six

languages.

(3) The office of court administration shall by rule revise the text

of the postcard currently required to be filed by petitioners in

proceedings subject to article seven of the real property actions and

proceedings law to include notice in the seven most common languages in

the city of New York, that the respondent may call a designated

telephone number, listed on the postcard, for more information on the

court process for eviction.

(4) The office of court administration shall promulgate notices in the

seven most common languages in the city of New York to be distributed to

litigants in the housing part of the civil court advising them of the

right to have all court proceedings and any agreements settling the case

interpreted to them orally in their native language.