2006 New York Code - 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)
  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.
    (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  and knowledge of federal,
  state and local housing laws and programs by the  advisory  council  for
  the  housing  part.  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 two
  members representative  of  each  of  the  following:  the  real  estate
  industry,  tenants' organizations, civic groups and bar associations and
  four members from 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. 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 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 performance, competency and results achieved  during
  the preceding term.
    (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.