Bill Text: NY A01493 | 2023-2024 | General Assembly | Introduced


Bill Title: Establishes the civil right to counsel in eviction proceedings in New York state; creates the New York state office of civil representation; requires that covered individuals be given notice of such right to counsel.

Spectrum: Partisan Bill (Democrat 61-2)

Status: (Introduced) 2024-01-10 - enacting clause stricken [A01493 Detail]

Download: New_York-2023-A01493-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1493

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 17, 2023
                                       ___________

        Introduced by M. of A. JOYNER -- read once and referred to the Committee
          on Judiciary

        AN  ACT  to  amend  the  executive  law,  the  real property actions and
          proceedings law and the real property law, in relation to establishing
          the New York state office of civil representation to provide  a  right
          to counsel in eviction proceedings

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  findings.    Eviction  proceedings  have   a
     2  profoundly  disparate  impact  on  low-income individuals and given this
     3  disparate impact, it is imperative that these  individuals  be  provided
     4  legal  representation  in  legal  proceedings  that put their housing at
     5  risk.
     6    There is a fundamental human right to adequate housing accommodations.
     7  Safe, secure, and accessible housing is  essential  to  achieving  equal
     8  access  to all other fundamental needs. Without housing, individuals and
     9  families too often cannot preserve family integrity, gain employment  or
    10  other  income,  or  enjoy  access  to  healthcare, proper nutrition, and
    11  education.
    12    Eviction proceedings and displacement as a result of evictions have  a
    13  disparate  impact  on low-income individuals and particularly on low-in-
    14  come people of color, who  are  disproportionately  the  respondents  in
    15  eviction proceedings.
    16    Representation  of  people  who  are  at risk of losing their homes in
    17  legal proceedings preserves access to  housing  and  ensures  compliance
    18  with laws protecting people's rights in such proceedings. Abrupt, unwar-
    19  ranted,  or  unlawful  evictions  disrupt  lives  and livelihoods, force
    20  people to find housing in a market with a severe shortage of  affordable
    21  housing and often significantly increases the risk of homelessness.  The
    22  short-  and  long-term effects of housing instability are devastating to
    23  individuals and families and can  affect  physical  and  mental  health,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00496-02-3

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     1  employment  and  education.  Providing a right to counsel to individuals
     2  who are most at risk of housing instability not only  protects  individ-
     3  uals  and families from these devastating effects, it saves public funds
     4  that would otherwise be spent on shelters and services to people experi-
     5  encing  homelessness as well as the wide range of detrimental short- and
     6  long-term collateral consequences of housing instability.
     7    § 2. The executive law is amended by adding a new article 29  to  read
     8  as follows:
     9                                 ARTICLE 29
    10                NEW YORK STATE OFFICE OF CIVIL REPRESENTATION
    11  Section 827. Right to counsel in eviction proceedings.
    12          828. Office of civil representation.
    13          829. Powers and duties of the office of civil representation.
    14          830. Definitions.
    15          831. Provision of legal representation and community education.
    16    §  827.  Right to counsel in eviction proceedings.  The civil right to
    17  full representation by counsel in covered proceedings for eligible indi-
    18  viduals is hereby created.
    19    § 828. Office of civil representation. 1. There is hereby  established
    20  in  the executive department an office of civil representation to create
    21  and implement a program to  provide  a  right  to  counsel  pursuant  to
    22  section eight hundred twenty-nine of this article.
    23    2.  The  office  shall be headed by an executive director who shall be
    24  appointed by the governor with the advice and consent of the senate.
    25    § 829. Powers and duties of the office of  civil  representation.  The
    26  executive director shall have the power and duty to:
    27    1.  establish  a  program  to  provide  legal representation including
    28  entering into contracts and agreements as may be necessary,  in  accord-
    29  ance with section eight hundred thirty-one of this article;
    30    2.  prepare and submit to the governor, the temporary president of the
    31  senate, and the speaker of the assembly an annual financial audit of the
    32  program's activities, prepared by a certified public accountant licensed
    33  in the state of New York and carried out in  accordance  with  generally
    34  accepted  auditing standards; and an annual report regarding the program
    35  created under section eight hundred thirty-one of this  article.    Such
    36  report  shall  include  but not be limited to the following information,
    37  disaggregated by county, provided, however, that the  information  shall
    38  not  be  required for every case where the individual refuses to provide
    39  the information or the information is not reasonably ascertainable:
    40    (a) the total number of people provided legal representation  and  the
    41  total number of people not provided legal representation and the reasons
    42  why representation was not provided;
    43    (b) the outcomes of the cases provided legal representation;
    44    (c) gender, race, ethnicity, and age;
    45    (d) postal code of residence;
    46    (e) household size;
    47    (f) estimated length of tenancy;
    48    (g) approximate household income;
    49    (h)  receipt  of  ongoing  public  assistance  at  the time such legal
    50  services were initiated;
    51    (i) tenancy in rent-regulated housing;
    52    (j) tenancy in housing operated by or subsidized  through  a  federal,
    53  state or local rental subsidy program;
    54    (k) legal services provided by type of legal issue;

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     1    (l) a list of designated legal organizations, the geographic region in
     2  which  such  organizations  provide  services, and the amount of funding
     3  provided to each;
     4    (m)  outcomes immediately following the provision of full legal repre-
     5  sentation, as applicable and available, including, but not  limited  to,
     6  the number of:
     7    (i) judgments and stipulated agreements allowing individuals to remain
     8  in their residence;
     9    (ii)  judgments  and stipulated agreements requiring individuals to be
    10  displaced from their residence; and
    11    (iii) instances where  an  attorney  representing  an  income-eligible
    12  individual was discharged or withdrew;
    13    (n) a list of landlords involved in eviction proceedings;
    14    (o)  residential  evictions  conducted  by  sheriffs or city marshals,
    15  disaggregated by county;
    16    (p) a list  of  designated  community  organizations,  the  geographic
    17  region  in  which such organizations provide services, and the amount of
    18  funding provided to each;
    19    (q) the number of buildings  in  which  outreach  was  conducted,  the
    20  number  of workshops offered, the number of attendees at such workshops,
    21  the number of people referred to non-profits having status under section
    22  501 (C) (3) of the United States internal revenue code, and  the  number
    23  of trainings offered; and
    24    (r) an evaluation of implementation challenges and recommendations for
    25  any future programmatic improvements.
    26    3. provide an annual estimate for the funding necessary for the opera-
    27  tion of the program under section eight hundred thirty-one of this arti-
    28  cle;
    29    4.  coordinate  with  other programs providing legal representation in
    30  covered proceedings to ensure efficiency of  functions  and  to  prevent
    31  duplication of work;
    32    5.  create  a  program providing outreach and education through desig-
    33  nated community organizations, to spread awareness of  the  availability
    34  of  legal  representation  by designated legal organizations.   With the
    35  support of the  executive  director  and  adequate  funding,  designated
    36  community  organizations shall be responsible for engaging and educating
    37  tenants of their rights  in  eviction  proceedings,  including  but  not
    38  limited to:  hosting trainings and other workshops for tenants; distrib-
    39  uting  written  information to tenants; assisting tenants in forming and
    40  maintaining tenant associations; referring tenants to  designated  legal
    41  organizations;  and  other  activities  to  engage,  educate,  or inform
    42  tenants of their rights in eviction proceedings. Engagement  and  educa-
    43  tion shall be provided in designated statewide languages;
    44    6.  create and make available resources for individuals with regard to
    45  their rights in civil legal matters regarding housing accommodations  in
    46  the  languages  required  by law and such additional languages as may be
    47  necessary; and
    48    7. promulgates any rules, regulations, and guidance necessary for  the
    49  implementation of the provisions of this article.
    50    §  830.  Definitions.  For the purposes of this article, the following
    51  terms shall have the following meanings:
    52    1. "executive director" means the executive director of the  New  York
    53  state office of civil representation.
    54    2. "office" means the New York state office of civil representation.
    55    3.  "eligible individual" means an individual who is at risk of losing
    56  their housing accommodation in a  covered  proceeding.    An  individual

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     1  becomes eligible when that individual (a) becomes the subject of a pred-
     2  icate notice in a covered proceeding; or (b) is a party, or has standing
     3  to  be a party, in a covered proceeding; or (c) has been determined by a
     4  designated  legal  organization to be a person reasonably anticipated to
     5  become a party in a covered proceeding, whichever occurs earlier.
     6    4. "covered proceeding" means any proceeding to evict an individual or
     7  otherwise terminate a tenancy, any other proceeding that  is  likely  to
     8  result  in an individual losing such individual's housing accommodation,
     9  including an administrative proceeding to terminate  a  housing  subsidy
    10  and any additional proceeding as determined by the office, or a proceed-
    11  ing brought by an eligible individual to enforce the warranty of habita-
    12  bility,  or  in  response to an unlawful eviction, or in response to the
    13  unlawful actions of a landlord, as well as any  appeals  from  any  such
    14  proceedings.
    15    5. "designated legal organization" means a not-for-profit organization
    16  or  association  having non-profit status under section 501(C)(3) of the
    17  United States internal revenue code that has  the  capacity  to  provide
    18  comprehensive  and  effective legal services for the program established
    19  under section eight hundred thirty of this article. To the extent  prac-
    20  ticable, such designated legal organizations shall be organizations that
    21  maintain a practice of furnishing free or reduced cost legal services to
    22  individuals;   possess  expertise  in  the  areas  of  law  for  covered
    23  proceedings; have a demonstrated history or practice with regard to  the
    24  legal  issues  facing  low-income  residents  of  the state of New York;
    25  provide consistent, high quality supervision, oversight, training, eval-
    26  uation, and strategic response to emerging  or  changing  needs  in  the
    27  communities served; and maintain reasonable workloads and working condi-
    28  tions for their staff.
    29    6.  "designated  community organization" means a not-for-profit organ-
    30  ization or association having non-profit status under section  501(C)(3)
    31  of  the  United  States  internal  revenue code that has the capacity to
    32  provide education in a program established under section  eight  hundred
    33  thirty-one  of  this article. To the extent practicable, such designated
    34  community organization shall maintain  a  practice  of  furnishing  free
    35  services;  possess  expertise  and experience in community education and
    36  organizing, and ties to the communities they serve;  demonstrate  exper-
    37  tise  in recognizing and responding to the housing issues facing low-in-
    38  come residents of the state of New York; possess adequate  expertise  to
    39  provide consistent, high quality supervision, oversight, training, eval-
    40  uation,  and  strategic  response  to  emerging or changing needs in the
    41  communities served; and maintain reasonable workloads and working condi-
    42  tions for their staff.
    43    7. "legal representation" means ongoing legal representation  provided
    44  by  a  designated  legal  organization  to  eligible individuals and the
    45  provision of legal advice, advocacy, and assistance, including  but  not
    46  be  limited to: filing a notice of appearance, filing and preparation of
    47  pleadings and motions on behalf of eligible individuals,  court  appear-
    48  ances  on behalf of eligible individuals, pre- and post-trial settlement
    49  conferences, and any other activities needed to provide legal  represen-
    50  tation in a covered proceeding.
    51    8.  "housing  accommodation" means that part of any building or struc-
    52  ture or any part thereof, permanent or temporary, occupied or  intended,
    53  arranged  or designed to be used or occupied, by one or more individuals
    54  as a residence, home, dwelling unit or apartment, sleeping place, board-
    55  ing house, lodging house or hotel, and all  essential  services,  privi-

        A. 1493                             5

     1  leges, furnishings, furniture and facilities supplied in connection with
     2  the occupation thereof.
     3    §  831. Provision of legal representation and community education.  1.
     4  In accordance with this article, the office shall  develop  programs  to
     5  guarantee and deliver:
     6    (a)   legal representation through one or more designated legal organ-
     7  izations to eligible individuals in covered proceedings  throughout  the
     8  state; and
     9    (b)  community  outreach  and education through one or more designated
    10  community organizations regarding the programs created herein.
    11    2. In creating the programs under subdivision one of this section, the
    12  executive director shall consult with the following:
    13    (a) tenants and/or representatives of tenants,  and  community  groups
    14  representing low-income or other at-risk members of the community;
    15    (b) legal and community-based organizations;
    16    (c) representatives of the judiciary;
    17    (d)  representatives  of a municipality operating or funding a program
    18  providing legal representation, legal consultation, or community  educa-
    19  tion  and  outreach and/or representatives of the organizations involved
    20  in such programs; and
    21    (e) any other organizations or individuals  as  may  be  necessary  as
    22  determined by the executive director.
    23    3.  The  office  shall  post  on its website information regarding the
    24  programs created under this section including how individuals  may  find
    25  services available in their geographic area.
    26    4. The office shall hold one or more hearings or listening sessions in
    27  each  region  of  the  state on an annual basis to evaluate the programs
    28  created pursuant to this section and to incorporate any necessary chang-
    29  es to such programs.
    30    § 3. Section 701 of the real property actions and proceedings  law  is
    31  amended by adding a new subdivision 3 to read as follows:
    32    3.  Any  court maintaining a covered proceeding, as defined by section
    33  eight hundred thirty of the executive law, shall notify all  respondents
    34  by  mail  upon  filing of a petition, not less than fourteen days before
    35  trial, of the right to obtain legal representation pursuant  to  section
    36  eight hundred thirty-one of the executive law.
    37    § 4. The opening paragraph of section 711 of the real property actions
    38  and proceedings law, as amended by section 12 of part M of chapter 36 of
    39  the laws of 2019, is amended to read as follows:
    40    A  tenant  shall include an occupant of one or more rooms in a rooming
    41  house or a resident, not including a transient occupant, of one or  more
    42  rooms  in a hotel who has been in possession for thirty consecutive days
    43  or longer.  No tenant or lawful occupant of a dwelling or housing accom-
    44  modation shall be removed from possession except in a  special  proceed-
    45  ing.    No special proceeding shall be maintained under any provision of
    46  this section unless the court has notified an individual of the right to
    47  obtain legal representation pursuant to section eight hundred thirty-one
    48  of the executive law. A special proceeding may be maintained under  this
    49  article upon the following grounds:
    50    §  5.  Section 713 of the real property actions and proceedings law is
    51  amended by adding a new subdivision 12 to read as follows:
    52    12. No proceeding shall be maintained under this section,  unless  the
    53  court  has  provided  the respondent with written notice of the right of
    54  the respondent to obtain legal representation pursuant to section  eight
    55  hundred  thirty-one  of  the  executive law, in the manner prescribed in
    56  section seven hundred forty-five of this article. Any ten-day notice  to

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     1  quit  served  pursuant  to  this  section  shall  provide  notice of the
     2  respondent's right to obtain legal representation  under  section  eight
     3  hundred thirty-one of the executive law.
     4    §  6.  Section 713-a of the real property actions and proceedings law,
     5  as amended by chapter 628 of the laws of 1982, is  amended  to  read  as
     6  follows:
     7    §  713-a.  Special  proceeding for termination of adult home and resi-
     8  dence for adults admission agreements. A special proceeding to terminate
     9  the admission agreement of a resident of an adult home or residence  for
    10  adults  and  discharge a resident therefrom may be maintained in a court
    11  of competent jurisdiction pursuant to the  provisions  of  section  four
    12  hundred  sixty-one-h of the social services law and nothing contained in
    13  such section shall be construed to create a relationship of landlord and
    14  tenant between the operator of an adult home or residence for adults and
    15  a resident thereof.   No  proceeding  shall  be  maintained  under  this
    16  section,  unless  the  court  has  provided  the respondent with written
    17  notice of the right of the respondent  to  obtain  legal  representation
    18  pursuant to section eight hundred thirty-one of the executive law.
    19    §  7.  Section 715 of the real property actions and proceedings law is
    20  amended by adding a new subdivision 6 to read as follows:
    21    6. No proceeding shall be  maintained  under  any  provision  of  this
    22  section,  unless  the  court  has  provided  the respondent with written
    23  notice of the right of the respondent  to  obtain  legal  representation
    24  pursuant to section eight hundred thirty-one of the executive law.
    25    §  8.  Section 731 of the real property actions and proceedings law is
    26  amended by adding a new subdivision 5 to read as follows:
    27    5. No special proceeding prescribed by this  article  shall  be  main-
    28  tained  unless  the  notice of petition has provided the respondent with
    29  written notice of the right of the respondent to obtain legal  represen-
    30  tation  pursuant  to  section  eight hundred thirty-one of the executive
    31  law.
    32    § 9. Section 745 of the real property actions and proceedings  law  is
    33  amended by adding a new subdivision 3 to read as follows:
    34    3.  Where  a  respondent  who is an eligible individual, as defined in
    35  subdivision three of section eight hundred thirty of the executive  law,
    36  appears in court without counsel, the court shall notify such respondent
    37  orally of their right to obtain legal representation pursuant to section
    38  eight  hundred  thirty-one  of the executive law, and if such respondent
    39  would like counsel, the court shall adjourn the trial and provide suffi-
    40  cient time, not less than thirty days, for such respondent to retain and
    41  consult counsel and shall grant such further adjournments for  not  less
    42  than thirty days each as are necessary for such respondent to retain and
    43  consult counsel.
    44    § 10. Subdivisions 1 and 3 of section 749 of the real property actions
    45  and proceedings law, as amended by section 19 of part M of chapter 36 of
    46  the laws of 2019, are amended to read as follows:
    47    1.  Upon  rendering  a  final judgment for petitioner, the court shall
    48  issue a warrant directed to the sheriff of the county or to any  consta-
    49  ble  or marshal of the city in which the property, or a portion thereof,
    50  is situated, or, if it is not situated in a city, to  any  constable  of
    51  any  town  in  the county, describing the property, stating the earliest
    52  date upon which execution may occur pursuant to the order of the  court,
    53  and  commanding  the officer to remove all persons named in the proceed-
    54  ing, provided upon a showing of good cause, the court may issue  a  stay
    55  of  re-letting  or renovation of the premises for a reasonable period of
    56  time. However, no court shall issue a judgment authorizing the  issuance

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     1  of  a  warrant  of  eviction  against a respondent who has defaulted, or
     2  authorize the execution of an eviction pursuant to a  default  judgment,
     3  unless  the court has provided the respondent with written notice of the
     4  respondent's    right to obtain legal representation pursuant to section
     5  eight hundred thirty-one of the executive law in eviction proceedings in
     6  the notice required by sections  seven  hundred  eleven,  seven  hundred
     7  forty-one and seven hundred forty-five of this article.
     8    3.  Nothing  contained  herein shall deprive the court of the power to
     9  stay or vacate such warrant for good cause shown prior to the  execution
    10  thereof,  or to restore the tenant to possession subsequent to execution
    11  of the warrant. The failure of the court  to  advise  tenants  of  their
    12  right  to  obtain legal representation pursuant to section eight hundred
    13  thirty-one of the executive law in an eviction proceeding shall  consti-
    14  tute  good  cause to stay or vacate such warrant. In a judgment for non-
    15  payment of rent, the court shall vacate a warrant upon tender or deposit
    16  with the court of the full rent due at any time prior to its  execution,
    17  unless  the petitioner establishes that the tenant withheld the rent due
    18  in bad faith.   [Petitioner may recover by action]  The  court  may  not
    19  order  recovery  by the petitioner of any sum of money which was payable
    20  at the time when the special proceeding was commenced and the reasonable
    21  value of the use and occupation to the time when the warrant was issued,
    22  for any period of time with respect to which the agreement does not make
    23  any provision for payment of rent, in any proceeding pending appointment
    24  of legal representation pursuant to section eight hundred thirty-one  of
    25  the executive law.
    26    §  11.  Subdivision  1 of section 746 of the real property actions and
    27  proceedings law, as amended by chapter 725  of  the  laws  of  2021,  is
    28  amended to read as follows:
    29    1.  In any proceeding under this article, if a stipulation is made, on
    30  the occasion of a court appearance in the proceeding, setting  forth  an
    31  agreement  between  the  parties,  other  than  a  stipulation solely to
    32  adjourn or stay  the  proceeding,  and  either  the  petitioner  or  the
    33  respondent is not represented by counsel, the court shall fully describe
    34  the  terms  of  the  stipulation  to  that  party  on the record. If the
    35  respondent is not represented by counsel and the respondent is an eligi-
    36  ble individual, as defined in subdivision three of section eight hundred
    37  thirty of the executive   law, the court shall  notify  such  respondent
    38  orally of their right to obtain legal representation pursuant to section
    39  eight  hundred  thirty-one  of the executive law, and if such respondent
    40  would like counsel, the court shall cease the allocution and adjourn the
    41  trial and provide sufficient time, not less than thirty days,  for  such
    42  respondent  to  retain  and consult counsel and shall grant such further
    43  adjournments for not less than thirty days each  as  are  necessary  for
    44  such respondent to retain and consult counsel.
    45    §  12.  The real property law is amended by adding a new section 235-j
    46  to read as follows:
    47    § 235-j.  Lease  provisions  waiving  right  to  counsel  void.    Any
    48  provision  of  a  lease  or  contract  waiving or otherwise limiting the
    49  tenant's right  to  obtain  legal  representation  under  section  eight
    50  hundred thirty-one of the executive law shall be void and unenforceable.
    51    §  13.  The real property law is amended by adding a new section 235-k
    52  to read as follows:
    53    § 235-k. Lease provisions shall provide notice of the right  to  coun-
    54  sel.  Any  lease  or  contract  for rental of residential property shall
    55  provide notice of the  tenant's  right  to  legal  representation  under
    56  section eight hundred thirty-one of the executive law.

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     1    § 14. Severability clause. If any provision of this act, or any appli-
     2  cation  of  any  provision  of  this  act,  is held to be invalid, or to
     3  violate  or be inconsistent with any  federal  law  or  regulation, that
     4  shall not affect the validity or effectiveness of any other provision of
     5  this  act,  which can be given effect without that provision or applica-
     6  tion;  and to that end, the provisions and applications of this act  are
     7  severable.
     8    § 15. This act shall take effect on  the  one  hundred  eightieth  day
     9  after it shall have become a law; provided, however, that sections three
    10  through  thirteen  of  this  act shall take effect five years after such
    11  date.
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