N.Y. Comp. Codes R. & Regs. tit. 22 § 208.43

Current through Register Vol. 46, No. 45, November 2, 2024

Section 208.43 - Rules of the housing part

(a) There shall be a housing part for the hearing of all actions and proceedings in all matters arising under section 110 of the NYCCCA.

(b) All rules of the Civil Court shall apply to the housing part whenever practicable, except when otherwise provided by statute or as otherwise provided in this section.

(c) There shall be paid to the clerk the following sums as a fee in an action or proceeding in the housing part:

(1) upon the request of a tenant for an order directing the owner to correct the violation and to impose a penalty for failure to comply timely with the order--$20;

(2) upon the issuance of a petition by a landlord for the removal of housing violations--$20.

(d) Summons.

(1) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties and the address of the premises, and shall comply with all the provisions of the NYCCCA applicable to summonses.

(2) Form of summons. The summons in a case involving an action in the housing part for the recovery of civil penalties shall be in such form as may be promulgated by the Chief Administrator.

(3) Where a hazardous or nonhazardous violation is alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within 10 days after such service.

(4) Where a summons for a hazardous or nonhazardous violation is delivered by mail or by any other method provided in NYCCCA 110(m), the defendant shall appear and answer within 20 days after the proof of service thereof is filed with the clerk of the housing part.

(5) Where the summons for a hazardous or nonhazardous violation is personally delivered to the landlord or its registered agent, the affidavit of service thereof shall be filed with the clerk of the housing part within five days after personal delivery.

(6) Where the summons for a hazardous or nonhazardous violation is served by any other method provided in NYCCCA 110(m), the affidavit of service thereof shall be filed with the clerk of the housing part no later than 10 days from the date the summons is posted and mailed (where such mailing is required).

(7) Where the summons for a hazardous or nonhazardous violation is served outside of the City of New York, the affidavit of service thereof shall be filed with the clerk of the housing part within 10 days after service.

(8) A penalty action for an immediately hazardous violation shall be commenced by an order to show cause, returnable within five days, or within a lesser time period in the discretion of the court.

(9) Upon the signing of an order to show cause and prior to the service thereof, the clerk of the housing part shall issue an index number.

(10) Venue.

(i) In any action or proceeding in the housing part of the Civil Court, the action or proceeding must be brought in the county in which the real property is situated (NYCCCA, section 302).

(ii) An action or proceeding involving premises located in postal ZIP codes 10035 and 10037, and the Taft Houses and the Jefferson Houses, shall be noticed and filed in the Harlem courthouse.

(iii) An action or proceeding involving the following premises in which the New York City Housing Authority is a party shall be noticed and filed in the Red Hook Community Justice Center:

Red Hook East Houses

Red Hook West Houses

(e) The answer shall be verified and shall include any affirmative defenses or defenses in mitigation of the defendant's liability as set forth in section 27-2116 of the Administrative Code. In cases involving an immediately hazardous violation, the defendant may interpose an oral answer before the court.

(f) Where a defendant defaults by failing to answer the summons or order to show cause, an inquest shall be taken before the court. If the defendant consents to a judgment imposing a civil penalty, no inquest is required to be taken, and judgment shall be entered on consent by direction of the court.

(g) Notice of trial. Where all parties appear by attorney, any party may serve a notice of trial on the others, fixing a date for trial not less than five nor more than eight days after service of such notice, and shall file such notice with proof of service thereof at least four days before the date fixed for trial with the clerk of the housing part of the Civil Court, who shall thereupon place the case on the calendar for trial. Where the defendant appears in person, the clerk of the housing part shall fix a date for trial not less than five nor more than 15 days after joinder of issue, and shall immediately notify all the parties by mail of such date. If any of the parties has appeared by attorney, the clerk shall notify the attorney.

(h) Rules of evidence shall apply in all actions and proceedings in the housing part. The order of proof shall be determined by the court.

(i) The decision of a judge or housing judge shall set forth conclusions of fact. Said judge or housing judge shall render such decision within 30 days after trial of a nonhazardous or hazardous violation, and within 15 days after trial of an immediate hazardous violation or an injunction.

(j) The housing part shall be presided over by a judge of the Civil Court or, in the discretion of the administrative judge, by a housing judge. The presiding judge shall assign the individual cases to housing judges and Civil Court judges, except actions and proceedings to be tried by jury shall be tried before a judge of the Civil Court.

(k) All applications for impleading shall be made to the judge of the calendar part or, if the case has been assigned for trial, to the trial judge.

(l) No disclosure or bill of particulars shall be allowed without an order of the court in an action or proceeding to impose a civil penalty in the housing part.

(m) The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and shall be exempt from paying any fees required by this section or the NYCCCA.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 208.43