NYC DCWP Notice of Public Hearing and Opportunity to Comment on Proposed Rules

Wednesday, August 21, 2024 at 11am

Click on link for more information DCWP NOH - Process Servers.pdf

NYSPPSA is excited to announce our in-person 19th Annual Convention. November 10, 2024 starting at 9:00 am at 327 Westchester Avenue, Port Chester, NY 10573. SPONSORSHIP PACKAGES WILL BE POSTED SHORTLY!!

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• A NYC DCWP meeting is scheduled for public hearing at 11:00 a.m. on August 21, 2024.  The hearing is accessible by phone and videoconference and will address the following:
• We will be holding an informational meeting on Thursday, August 8^th to discuss the proposed changes and everyone’s suggestions about the changes.  There will be two sessions (one at noon and the other at 5:00 p.m.).  Please let us know which meeting, if any, you plan to attend. EMAIL admin@nysppsa.org to RSVP. 

Changes in the law to reflect the use of affirmations in addition to or instead of affidavits, an amendment to Section 2-233 ( c) and ( e) of Chapter 2 of Title 6 of the RCNY to detail the records that process servers must retain in electronic format and clarify the format in which the records are kept must be in the format provided on the Department’s website and that process servers are required to produce such records in this format.

There is also a very troublesome addition as to the timing element of the records and a new “five minute rule” which does not take into account all aspects of service – The process server is not in compliance with this provision if its electronic record was made before the time of attempted or effected service. There shall be a rebuttable presumption that the process server was not in compliance with this provision if its electronic record is made more than five minutes after the time of attempted or effected service.

Also, it adds another section that speaks to what each electronic record must include:

See pages 9-10 in the proposed rules.

In addition, it appears to seek to clarify service of process upon a business entity (see page 12)

Finally, it appears that there is a new section added, Section 2-235a Duty to Testify Truthfully which seems to speak about denying licenses to anyone who makes any false statement either under oath or in an affirmation/affidavit.  The problem here is what is a false statement vs. a simple honest error.

Anyone who wants to comment on the proposed rules at the public hearing must sign up to speak by sending an email to Rulecomments@dcwp.nyc.gov.  The hearing is for statements being made and not a question/answer format.  I am going to speak, and I hope many of our members will, as well.

Paula Parrino, Esq.

President

CLICK ON LINKS FOR MORE INFORMATION !

2025 Annual Conference Ad Copy.pdf

https://napps.org/UpcomingEvents.aspx

BOB GULINELLO SCHOLARSHIP

In honor and remembrance of NYSPPSA founding member, our 3rd President, mentor and dear friend, Bob Gulinello, NYSPPSA will continue the Bob Gulinello Scholarship in order to keep his legacy alive. BOB G PACKET - 2024.pdf

NYSPPSA is excited to announce our in-person 18th Annual Convention. November 5, 2023 starting at 9:00 am at 327 Westchester Avenue, Port Chester, NY 10573.

Convention Details:

THE NEW YORK STATE PROFESIONAL PROCESS SERVERS ASSOCIATION CONVENTION BOOK 2023.pptx

Exhibitor Information:  EXHIBITOR REG FORM.pdf   EXHIBITOR PAYMENT FORM.pdf

Sponsor Information: 

SPONSORSHIP PACKAGES-MAY 15 EDITION.pdf  

SPONSORSHIP PAYMENT FORM-MAY 16 EDITION.pdf

BOB GULINELLO SCHOLARSHIP

In honor and remembrance of NYSPPSA founding member, our 3rd President, mentor and dear friend, Bob Gulinello, NYSPPSA will continue the Bob Gulinello Scholarship in order to keep his legacy alive.

All the information to become an applicant can be found in the packet of information.

SCHOLARSHIP PACKET - 2023.pdf

Good luck,

Jillina Kwiatkowski and Brenda Geedy, Committee Chairs

Essential Business.pdf

RPL §226-c Effective October 12, 2019

Landlords are required to give written notice of an intention to renew a residential lease with a rent increase equal to or greater than 5% above the current rent, or the intention not to renew the tenancy by the following schedule:

• If tenant has occupied for less than 1 year and does not have a lease term of at least 1 year, landlord shall provide at least 30 days’ notice
• If tenant has occupied for more than 1 year, but less than 2 years, landlord shall provide at least 60 days’ notice.
• If tenant has occupied for more than 2 years or has a lease term of at least 2 years, landlord shall provide at least 90 days’ notice

See amended Holdover and Non-Payment format change effective 9/30/19:

HOLDOVER AND NON-PAYMENT FORMAT CHANGE.pdf