* § 797. Jurisdiction; courts; venue. 1. Except as prohibited under subdivision three of this section, a special proceeding for judgment directing repairs of conditions and other relief in residential real property constituting violation of applicable local and state housing standards or section two hundred thirty-five-b of the real property law may be maintained in a county court, justice court, district court, or city court.
- 2. The place of trial of the special proceeding shall be within the jurisdictional area of the court in which the residential real property or a portion thereof is situated.
- 3. A special proceeding pursuant to this article shall not be maintained in any court within the counties of Nassau, Suffolk, Richmond, New York, Bronx, Kings or Queens. § 797-b. Respondent. The following may be named as a respondent:
- 1. The person, corporation, limited liability company, general partnership, limited partnership, or any other entity holding title to the real property or an ownership interest in the property.
- 2. The person or organization listed on any state or local residential registration statement.
- 3. Anyone who has a legal obligation to maintain the premises consistent with the warranty of habitability: owner or owners of the freehold of the premises or lesser estate therein, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent, or any other person, firm or corporation, directly or indirectly in control of a dwelling, but not a receiver appointed pursuant to section three hundred nine of the multiple dwelling law.
- 4. A public housing authority or a governmental body that owns or manages the property. § 797-c. Commencement; notice of petition; petition. 1. The proceeding shall be commenced by the filing of a notice of petition and petition with the clerk of the court. A notice of petition may be issued by an attorney, judge, or clerk of the court.
- 2. The notice of petition shall specify the time and place of the hearing on the petition and state that if the respondent shall fail to appear at such time and place to interpose any defense, the respondent may be precluded from asserting such defense.
- 3. The office of court administration shall promulgate instructional materials in which tenant-petitioners may find guidance on how to commence the special proceedings. Such instructional materials shall be in plain, accessible language. Such instructional materials shall be published in English, Spanish and in other languages spoken by limited-English proficient individuals in any judicial district as needed. § 3. Subdivision 5 of section 797-e of the real property actions and proceedings law, as added by a chapter of the laws of 2022 enacting the tenant dignity and safe housing act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is amended to read as follows:
- 5. In the alternative, personal service may be completed on any natural person, partnership, corporation, or limited liability company by mailing the notice of petition and petition by certified and first-class mail to an address where local property tax bills are sent. If the jurisdiction in which the court sits has a rental registry requirement, service may be completed by mailing to the address for the real property in the registry. § 4. Section 797-j of the real property actions and proceedings law, as added by a chapter of the laws of 2022 enacting the tenant dignity and safe housing act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is amended to read as follows: § 797-j. Judgment. 1. The court shall direct that final judgment be entered determining the rights of the parties.
- 2. The judgment may include: a. An order to repair conditions constituting violation of applicable local and state housing standards or section two hundred thirty-five-b of the real property law; and b. Any other relief that the court may deem just. § 5. Section 204 of the uniform city court act, as amended by a chapter of the laws of 2022 enacting the tenant dignity and safe housing act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is amended to read as follows: § 204. Summary proceedings. The court shall have jurisdiction of summary proceedings to recover possession of real property located in whole or in part within the city, to remove tenants therefrom, and to render judgment for rent due without regard to amount. Except as otherwise prohibited pursuant to subdivision three of section seven hundred ninety-seven of the real property actions and proceedings law, the court shall have jurisdiction of summary proceedings commenced under article seven-D of the real property actions and proceedings law relating to real property located in whole or in part within the city, and render relief authorized therein. § 6. Section 204 of the uniform district court act, as amended by a chapter of the laws of 2022 enacting the tenant dignity and safe housing act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is amended to read as follows: § 204. Summary proceedings. The court shall have jurisdiction of summary proceedings to recover possession of real property located in whole or in part within a district of the court in the county, to remove tenants therefrom, and to render judgment for rent due without regard to amount. Except as otherwise prohibited pursuant to subdivision three of section seven hundred ninety-seven of the real property actions and proceedings law, the court shall have jurisdiction of summary proceedings commenced under article seven-D of the real property actions and proceedings law relating to real property located in whole or in part within the district, and render relief authorized therein. § 7. Section 204 of the uniform justice court act, as amended by a chapter of the laws of 2022 enacting the tenant dignity and safe housing act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is amended to read as follows: § 204. Summary proceedings. The court shall have jurisdiction of summary proceedings to recover possession of real property located in whole or in part within the city, to remove tenants therefrom, and to render judgment for rent due without regard to amount. Except as otherwise prohibited pursuant to subdivision three of section seven hundred ninety-seven of the real property actions and proceedings law, the court shall have jurisdiction of summary proceedings commenced under article seven-D of the real property actions and proceedings law relating to real property located in whole or in part within the city, and render relief authorized therein. § 8. Section 204 of the New York city civil court act, as amended by a chapter of the laws of 2022 enacting the tenant dignity and safe housing act, as proposed in legislative bills numbers S. 4594-B and A.354-B, is amended to read as follows: § 204. Summary proceedings. The court shall have jurisdiction over summary proceedings to recover possession of real property located within the city of New York, to remove tenants therefrom, and to render judgment for rent due without regard to amount, and in such a proceeding after the court has determined that a warrant of eviction be issued, it shall not be necessary for the court to sign the warrant, but it may be signed by the clerk of said court. The court shall also have jurisdiction over special proceedings by tenants of multiple dwellings in the city of New York for judgment directing deposit of rents and the use thereof for the purpose of remedying conditions dangerous to life, health or safety, as authorized by article seven-a of the real property actions and proceedings law. § 9. Section 7 of a chapter of the laws of 2022 enacting the tenant dignity and safe housing act, as proposed in legislative bills numbers S. 4594-b and A.354-B, is amended to read as follows: § 7. This act shall take effect one year after it shall have become a law. § 10. This act shall take effect immediately; provided that sections one through eight of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2022 enacting the tenant dignity and safe housing act, as proposed in legislative bills numbers S. 4594-B and A.354-B, take effect. The Legislature of the STATE OF NEW YORK SS: Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence. ANDREA STEWART-COUSINS CARL E. HEASTIE TEMPORARY PRESIDENT OF THE SENATE SPEAKER OF THE ASSEMBLY * NB Effective December 30, 2023