Authorizes the district attorney to intervene in a proceeding brought by the owner of a premises upon which the tenant's occupancy is illegal.
Summary
Bill S02609 proposes to amend the real property actions and proceedings law in New York by allowing district attorneys to intervene in legal proceedings where the occupancy of residential rental property is deemed illegal. Specifically, it permits district attorneys to file a notice of appearance in cases initiated by property owners seeking to remove tenants under certain grounds specified in existing law. This intervention aims to enhance legal oversight in eviction proceedings and ensure that the interests of the community are represented.
Impact
The bill would modify existing laws regarding eviction proceedings by introducing a new role for district attorneys, thereby potentially increasing the scrutiny of such cases. This change could lead to more balanced outcomes in eviction cases, as district attorneys may advocate for tenants' rights or ensure that the eviction process adheres to legal standards. The amendment could also impact landlords by introducing additional legal considerations and potential delays in eviction processes.
Sentiment
The sentiment surrounding Bill S02609 appears to be cautiously optimistic, with discussions highlighting the importance of protecting tenant rights while also addressing landlords' concerns. There is recognition of the need for oversight in eviction cases, but some stakeholders express apprehension about the implications for landlords and the potential for increased litigation.
Contention
Notable points of contention include concerns from landlord associations regarding the potential for increased legal challenges and delays in eviction processes. Some landlords argue that the intervention of district attorneys could complicate straightforward eviction cases, while tenant advocacy groups support the bill as a necessary measure to protect vulnerable renters from unlawful evictions.
Provides that either party may be awarded attorneys' fees in the event of a default judgment in an action or summary proceeding arising out of leases of residential property where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation and the recovery of attorneys' fees is provided for in the proprietary lease or occupancy agreement.
Provides that either party may be awarded attorneys' fees in the event of a default judgment in an action or summary proceeding arising out of leases of residential property where a tenant is a dwelling unit owner or shareholder of a cooperative housing corporation and the recovery of attorneys' fees is provided for in the proprietary lease or occupancy agreement.
Provides that fees may be sought in certain summary proceedings between a cooperative housing corporation and a shareholder or occupant when the lease or occupancy agreement provides for the recovery of fees, legal fees, charges, surcharges, penalties, or assessments other than rent.
Provides that fees may be sought in certain summary proceedings between a cooperative housing corporation and a shareholder or occupant when the lease or occupancy agreement provides for the recovery of fees, legal fees, charges, surcharges, penalties, or assessments other than rent.
Establishes a fundamental right to counsel for all respondents facing eviction proceedings; mandates an automatic stay or adjournment on any housing court eviction proceedings if a tenant does not have an attorney.
Criminalizes owner or landlord knowingly renting dwelling to tenant that is illegal occupancy which causes serious bodily injury to or death of another person.
Prohibits utility service terminations in multiple dwellings; authorizes utility companies or municipalities to commence an action against the owner of the premises affected to seek the appointment of a receiver of rents or payments for use and occupancy or common charges.