Housing Court reforms announced

Real Estate Weekly, Oct 8, 1997 by Lois Weiss

After a constitutional amendment, one proposal would turn the Civil Court into a court on par with the District Court, and Housing Court judges would be known as District Judges.

But before a constitutional amendment can remedy the upper echelon administration problems, other steps will be taken to remedy the daily grind for Housing Court patrons that don't need an approval from the state's voters, but can be implemented immediately.

New Procedures

Among the most prominent of the changes will be the and of the terrible, horrible, very bad day for all in Part 18, known as "the black hole" of Housing Court, where cases went in and almost never came out.

Instead, cases will be directed immediately to different court parts designed to speed the case along to resolution.

Judge Lippman expects the court to go from a system of "triage" to a system with "orderly, efficient procedures" - from a reactionary court to an action-packed court, that hopefully will manage cases quickly to resolution.

The current system is expected to be supplemented with "modern technology and services ... providing for proceedings ... that are quick, simple and inexpensive."

The court reforms will need an additional $1 million yearly, but the current budget has half of that available to begin some of the programs.

Owners groups are hopeful the changes will not lead to more bias against owners but truly to the quick resolution of cases.

Owners Wary

The President of the Rent Stabilization Association (RSA), Joseph Strasburg, who represents 25,000 owners, said "On paper, it looks as if at least it's an attempt by the Office of Court Administration to resolve disputes quickly. There is a difference between proposals and implementation, but if it gets implemented it will help owners."

Dan Marguiles, executive director of the Community Housing Improvement Program (CHIP), a middle-market owners group, said "If they trample on owners rights to get to settlements it will be unfortunate. But if they actually can plug in social services earlier in many cases, that will be to everyone's benefit. It remains to be seen whether their focus will be beating the owner into submission or helping the tenant got assistance. We shall see."

Taking a wait-and-see attitude too is owner attorney Joel A. Mitofsky, a partner with Mitofsky & Shapiro. He compared the new parts as being similar to the individual assignment system now in effect in the state's Supreme Court. The court administration cites that as a much more efficient and successful way to process large volumes of cases, he said.

"The proof is in the pudding," said Mitofsky. "These are the most sweeping changes proposed for Housing Court since it was established in 1972. So it will take a while to see what works."

The Real Estate Board of New York (REBNY) pressed for similar changes during the rental discussions in Albany, said Steven Spinola, its president.

"The Governor tried to get the court to deal with this issue in a business-like and expedited fashion," recalled Spinola. "We are hopeful that something has now come from these conversations."

The Governor also vowed to make changes to the Housing Court when he was first elected in 1994, including calling for the deposit of rent with the court.

Tenant advocate Michael McKee of the New York State Tenants & Neighbors Coalition called the proposed changes "modest steps" that are "good ones."

"But they certainly won't solve the problems inherent in housing court," McKee predicted.

Deposit of Rent Part

The changes will start with the implementation of a new Deposit of Rent part on October 20th to coincide with the requirements of the state's new rent reform act, which includes the mandated deposit of rent with the court.

Other modifications of procedures and operations will take place over the next few months.

The advent of a completely reorganized court system is planned, which would elevate the Housing Court to a Housing Division within a New York City District Court. But this will have to be made through a constitutional amendment, and is some years away.

The administrators will not wait to make other planned reforms that include a Housing Court web site, automated case assignments, a new buildings' database, night courts and expanded hours for the clerks.

Changes will center, however, on "modern case management" through an expedited case initiation system. The catch-all Part 18 intake, therefore, and its associated delays, will be totally eliminated by December.

New Court Parts

Instead, cases will be assigned directly to a new court part upon the filing or answer of a petition. Among the major parts will be a Resolution Part, a Motions Part, a Deposit of Rent Part, a Trial Ready Part, or one of several other such parts, as the sections of the courts are known. Also available will be a Drag Part, a New York City Part, a Housing Authority Part and a pilot Co-op/Condo Part.

Supervised Stips

Those cases ripe for settlement will have negotiations take place in the Resolution Part under the court's supervision - not in hallways and stairwells, as is current custom.