STATE OF NEW YORK ________________________________________________________________________ 10264 IN ASSEMBLY May 15, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Bichotte Hermelyn) -- read once and referred to the Committee on Judi- ciary AN ACT to amend the New York city civil court act, in relation to restructuring the selection process for judges of the housing part of the civil court of the city of New York; to amend the election law, in relation to designating petitions for candidates for the office of judge of the housing part of the civil court of the city of New York; to amend the judiciary law, in relation to making conforming changes; to abolish the advisory council for the housing part of the civil court of the city of New York; and to repeal subdivisions (f), (g), (h) and (i) of section 110 of the New York city civil court act relat- ing to the selection and appointment of housing court judges The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds the following: 2 a. The serious issues relating to many residents of the city of New 3 York remaining in their homes and the maintenance of minimum habitable 4 conditions in their residential buildings remains some of the most 5 urgent and important that have to be addressed by all interested groups 6 including the tenants, the property owners and operators, the state and 7 city of New York. 8 b. The housing part of the civil court of the city of New York was 9 originally established to enhance the administration of the various 10 laws, rules and regulations governing housing in New York city and 11 provide a fair and independent forum to resolve disputes between the 12 interested and often competing groups. It has not fulfilled all of the 13 expectations of its creators. 14 c. Section 110 of the New York city civil court act, particularly 15 subdivision (f), has created a convoluted, opaque and potentially unrep- 16 resentative method to select the officers currently presiding in the 17 housing part of the civil court of the city of New York. It is a method 18 that is not utilized to elect or appoint any other judge or justice of 19 any New York state court of record within the city of New York. The EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10620-01-3
A. 10264 2 1 current process, as previously enacted by the legislature, vests that 2 authority in the office of court administration and not in the voters of 3 the city or their elected representatives. 4 d. In order to ensure that all the litigants in this important forum 5 can obtain a satisfactory and legally compliant resolution in a judicial 6 proceeding, it is essential to provide that the arbiter of these 7 disputes is selected in a manner that provides them with the stature, 8 authority and respect that will promote justice, enhance diversity and 9 inspire greater public confidence. The legislature proposes the enact- 10 ment of a statutory framework creating a new structure that would elect 11 51 housing judges in the same manner as a judge of the civil court of 12 the city of New York. 13 § 2. Subdivisions (f), (g), (h) and (i) of section 110 of the New York 14 city civil court act are REPEALED. 15 § 3. Subdivision (e) of section 110 of the New York city civil court 16 act, as amended by chapter 528 of the laws of 1984, is amended to read 17 as follows: 18 (e) Actions and proceedings before the housing part shall be tried 19 before [civil court judges, acting civil court judges, or] housing judg- 20 es. Housing judges shall be [appointed] elected pursuant to subdivision 21 (f) of this section and shall be duly constituted judicial officers, 22 empowered to hear, determine and grant any relief within the powers of 23 the housing part in any action or proceeding except those to be tried by 24 jury. Such housing judges shall have the power of judges of the court to 25 punish for contempts. Rules of evidence shall be applicable in actions 26 and proceedings before the housing part. The determination of a housing 27 judge shall be final and shall be entered and may be appealed in the 28 same manner as a judgment of the court; provided that the assignment of 29 actions and proceedings to housing judges, the conduct of the trial and 30 the contents and filing of a housing judge's decision, and all matters 31 incidental to the operation of the housing part, shall be in accordance 32 with rules jointly promulgated by the first and second departments of 33 the appellate division for such part. 34 § 4. Section 110 of the New York city civil court act is amended by 35 adding four new subdivisions (f), (g), (h) and (i) to read as follows: 36 (f) (1) The housing part of the civil court of the city of New York 37 shall consist of fifty-one judges. One housing judge shall be elected in 38 each of the fifty-one council districts by the voters of that council 39 district at a general election. Elections shall be subject to the 40 provisions of the election law relating to elections for any office to 41 be filled in the city of New York by the voters of a city council 42 district. Each housing judge must be a resident of the council district 43 in which he or she is running for election on the date of the general 44 election. No person may serve in the office of judge of this court after 45 the effective date of this section unless he or she has been admitted to 46 practice law in this state and in active practice in this state for at 47 least ten years as of the date he or she commences the duties of office. 48 The annual salary of a housing judge shall be one hundred fifteen thou- 49 sand four hundred dollars. 50 (2) The terms of all housing judges appointed prior to the effective 51 date of this section shall expire on December thirty-first of the year 52 in which the first general election is conducted to elect housing judges 53 as provided in paragraph one of this subdivision; provided, however, 54 that in the event that the office of a judge of the housing part of the 55 civil court of the city of New York is not filled in a council district 56 at the first general election after the effective date of this subdivi-
A. 10264 3 1 sion, the housing judge currently serving in such district shall contin- 2 ue in his or her position until his or her successor is duly elected and 3 sworn to the position. Thereafter, a vacancy occurring otherwise than by 4 the expiration of term in the office of a judge of the housing part of 5 the civil court of the city of New York shall be filled by the mayor of 6 the city of New York by an appointment which shall continue until and 7 including the last day of December next after the election at which the 8 vacancy shall be filled. 9 (3) A housing judge shall be eligible for re-election and may serve 10 until the expiration of his or her term or the end of the calendar year 11 in which the judge turns seventy years of age pursuant to section twen- 12 ty-three of the judiciary law, whichever date is earlier. 13 (g) Each housing judge may appoint a court attorney to serve at his or 14 her pleasure. Such attorneys shall be appointed in the same manner as a 15 court attorney appointed by a judge of the civil court. 16 (h) Housing judges shall be subject to the same rules of conduct as 17 other judges of courts of record and subject to the disciplinary powers 18 of the state commission on judicial conduct established pursuant to 19 article two-A of the judiciary law. 20 (i) Housing judges are prohibited from being assigned to any other 21 part or court of the unified court system. 22 § 5. Section 6-168 of the election law is amended by adding a new 23 subdivision 5 to read as follows: 24 5. The provisions of this section shall apply to the election of judg- 25 es of the housing part of the civil court of the city of New York. 26 § 6. The section heading and subdivision 1 of section 25 of the judi- 27 ciary law, as amended by chapter 261 of the laws of 1989, are amended to 28 read as follows: 29 Retirement of state-paid full-time judges or justices of the unified 30 court system and housing judges [appointed] elected pursuant to subdivi- 31 sion (f) of section one hundred ten of the New York city civil court act 32 for disability. 1. A state-paid full-time judge or justice of the 33 unified court system or housing judge [appointed] elected pursuant to 34 subdivision (f) of section one hundred ten of the New York city civil 35 court act may apply for the special disability allowance provided for in 36 this section by filing with the appellate division of the supreme court 37 in which he resides (a) his petition, duly verified, stating that for 38 reasons specified he is incapacitated to perform the duties of his 39 office; and (b) his resignation. If the appellate division shall deter- 40 mine that such judge or justice is incapacitated, it may make and enter 41 an order retiring such judge or justice from office. Upon the filing in 42 the office of court administration of a certified copy of such order and 43 such resignation, the office of such judge or justice shall be vacant. 44 § 7. The advisory council for the housing part of the civil court of 45 the city of New York is abolished. 46 § 8. This act shall take effect immediately and shall apply to the 47 election of judges of the housing part of the civil court of the city of 48 New York on and after January 1, 2024.