A 7163: Restructures the selection process for judges of the housing part of the civil court of the city of New York; relates to designating petitions for candidates for the office of judge of the housing part of the civil court of the city of New York; makes conforming changes; abolishes the advisory council for the housing part of the civil court of the city of New York; repeals provisions relating to the selection and appointment of housing court judges.

  
  STATE OF NEW YORK ________________________________________________________________________ 7163 2025-2026 Regular Sessions  IN ASSEMBLY March 21, 2025 ___________ Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to the Committee on Judiciary 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 remain some of the most urgent 5 and important that have to be addressed by all interested groups includ- 6 ing the tenants, the property owners and operators, the state and city 7 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11058-01-5 
 A. 7163 2 1 that is not utilized to elect or appoint any other judge or justice of 2 any New York state court of record within the city of New York. The 3 current process, as previously enacted by the legislature, vests that 4 authority in the office of court administration and not in the voters of 5 the city or their elected representatives. 6 d. In order to ensure that all the litigants in this important forum 7 can obtain a satisfactory and legally compliant resolution in a judicial 8 proceeding, it is essential to provide that the arbiter of these 9 disputes is selected in a manner that provides them with the stature, 10 authority and respect that will promote justice, enhance diversity and 11 inspire greater public confidence. The legislature proposes the enact- 12 ment of a statutory framework creating a new structure that would elect 13 51 housing judges in the same manner as a judge of the civil court of 14 the city of New York. 15 § 2. Subdivisions (f), (g), (h) and (i) of section 110 of the New York 16 city civil court act are REPEALED. 17 § 3. Subdivision (e) of section 110 of the New York city civil court 18 act, as amended by chapter 528 of the laws of 1984, is amended to read 19 as follows: 20 (e) Actions and proceedings before the housing part shall be tried 21 before [civil court judges, acting civil court judges, or] housing judg- 22 es. Housing judges shall be [appointed] elected pursuant to subdivision 23 (f) of this section and shall be duly constituted judicial officers, 24 empowered to hear, determine and grant any relief within the powers of 25 the housing part in any action or proceeding except those to be tried by 26 jury. Such housing judges shall have the power of judges of the court to 27 punish for contempts. Rules of evidence shall be applicable in actions 28 and proceedings before the housing part. The determination of a housing 29 judge shall be final and shall be entered and may be appealed in the 30 same manner as a judgment of the court; provided that the assignment of 31 actions and proceedings to housing judges, the conduct of the trial and 32 the contents and filing of a housing judge's decision, and all matters 33 incidental to the operation of the housing part, shall be in accordance 34 with rules jointly promulgated by the first and second departments of 35 the appellate division for such part. 36 § 4. Section 110 of the New York city civil court act is amended by 37 adding four new subdivisions (f), (g), (h) and (i) to read as follows: 38 (f) (1) The housing part of the civil court of the city of New York 39 shall consist of fifty-one judges. One housing judge shall be elected in 40 each of the fifty-one council districts by the voters of that council 41 district at a general election. Elections shall be subject to the 42 provisions of the election law relating to elections for any office to 43 be filled in the city of New York by the voters of a city council 44 district. Each housing judge must be a resident of the council district 45 in which they are running for election on the date of the general 46 election. No person may serve in the office of judge of this court after 47 the effective date of this section unless such person has been admitted 48 to practice law in this state and in active practice in this state for 49 at least ten years as of the date they commence the duties of office. 50 The annual salary of a housing judge shall be one hundred fifteen thou- 51 sand four hundred dollars. 52 (2) The terms of all housing judges appointed prior to the effective 53 date of this section shall expire on December thirty-first of the year 54 in which the first general election is conducted to elect housing judges 55 as provided in paragraph one of this subdivision; provided, however, 56 that in the event that the office of a judge of the housing part of the 
 A. 7163 3 1 civil court of the city of New York is not filled in a council district 2 at the first general election after the effective date of this subdivi- 3 sion, the housing judge currently serving in such district shall contin- 4 ue in the position until their successor is duly elected and sworn to 5 the position. Thereafter, a vacancy occurring otherwise than by the 6 expiration of term in the office of a judge of the housing part of the 7 civil court of the city of New York shall be filled by the mayor of the 8 city of New York by an appointment which shall continue until and 9 including the last day of December next after the election at which the 10 vacancy shall be filled. 11 (3) A housing judge shall be eligible for re-election and may serve 12 until the expiration of their term or the end of the calendar year in 13 which the judge turns seventy years of age pursuant to section twenty- 14 three of the judiciary law, whichever date is earlier. 15 (g) Each housing judge may appoint a court attorney to serve at their 16 pleasure. Such attorneys shall be appointed in the same manner as a 17 court attorney appointed by a judge of the civil court. 18 (h) Housing judges shall be subject to the same rules of conduct as 19 other judges of courts of record and subject to the disciplinary powers 20 of the state commission on judicial conduct established pursuant to 21 article two-A of the judiciary law. 22 (i) Housing judges are prohibited from being assigned to any other 23 part or court of the unified court system. 24 § 5. Section 6-168 of the election law is amended by adding a new 25 subdivision 5 to read as follows: 26 5. The provisions of this section shall apply to the election of judg- 27 es of the housing part of the civil court of the city of New York. 28 § 6. The section heading and subdivision 1 of section 25 of the judi- 29 ciary law, as amended by chapter 261 of the laws of 1989, are amended to 30 read as follows: 31 Retirement of state-paid full-time judges or justices of the unified 32 court system and housing judges [appointed] elected pursuant to subdivi- 33 sion (f) of section one hundred ten of the New York city civil court act 34 for disability. 1. A state-paid full-time judge or justice of the 35 unified court system or housing judge [appointed] elected pursuant to 36 subdivision (f) of section one hundred ten of the New York city civil 37 court act may apply for the special disability allowance provided for in 38 this section by filing with the appellate division of the supreme court 39 in which [he] such judge or justice resides (a) [his] a petition, duly 40 verified, stating that for reasons specified [he], the judge or justice 41 is incapacitated to perform the duties of [his] the office; and (b) 42 [his] such judge's or justice's resignation. If the appellate division 43 shall determine that such judge or justice is incapacitated, it may make 44 and enter an order retiring such judge or justice from office. Upon the 45 filing in the office of court administration of a certified copy of such 46 order and such resignation, the office of such judge or justice shall be 47 vacant. 48 § 7. The advisory council for the housing part of the civil court of 49 the city of New York is abolished. 50 § 8. This act shall take effect immediately and shall apply to the 51 election of judges of the housing part of the civil court of the city of 52 New York on and after January 1, 2025.