Add Art 29 §§827 - 831, Exec L; amd §§701, 711, 713, 713-a, 715, 731, 745, 746 & 749, RPAP L; add §§235-j &
235-k, RP L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1493
SPONSOR: Joyner TITLE OF BILL:
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
PURPOSE:
Establishes the civil right to counsel in eviction proceedings in New
York State.
SUMMARY OF PROVISIONS:
Section 1: Sets forth legislative findings.
Section 2: Provides for the addition of Article 29, creating the New
York State Office of Civil Representation, and Provides the duties and
responsibilities thereof.
*All eligible individuals in covered proceedings are to be provided with
legal representation at the government's expense.
*This will not affect the right to counsel in any other civil or crimi-
nal action.
*Provides the relevant definitions for "Executive Director," "Office,"
"Eligible individual," "Covered proceeding," "Designated legal organiza-
tion," "Designated community organization," "Legal representation,"
"Legal consultation," and "Housing accommodation."
*The civil right to counsel in eviction proceedings is created and
establishes that this civil right must apply in covered proceedings.
*Establishes the New York State Office of Civil Representation. The
position of Executive Director, appointed by the Governor with the
advice and consent of the Senate, will lead this new Office. The Execu-
tive Director must:
*Establish a program to provide individuals with legal representation in
eviction proceedings, including entering into contracts and agreements
as may be necessary;
*Prepare and submit an annual audit and annual report that shall include
information pertaining to the program and those individuals served by it
and the outcomes achieved, as well as the funding necessary for the
operation of the program;
*coordinate with other programs providing legal representation in
covered proceedings to ensure efficiency and prevent duplication;
*identify one or more designated community organizations capable of
providing community education and organization, and support outreach and
education by designated community organizations;
*create and publicize resources for individuals about their rights in
civil legal matters regarding housing accommodations in the languages
required by law and any necessary additional;
*promulgate any necessary rules and regulations; and
*in developing and administering programs for providing legal represen-
tation and community outreach and education, the office shall:
*consult with tenants, legal and community-based organizations, repre-
sentatives of the judiciary, representatives of municipalities operating
or funding relevant programs; and any other pertinent stakeholders;
*post on its website information regarding the relevant programs,
including information to help individuals find services available in
their geographic area; and
*hold one or more hearings or listening sessions in each region of the
state on an annual basis to evaluate the programs and incorporate any
necessary changes.
Section 3, Section 701 of the Real Property Actions and Proceedings Law
is amended A court overseeing an eviction proceeding shall notify all
respondents by mail upon the filing of a petition, not less than four-
teen days before trial of the right to civil counsel.
Section 4, Section 711 of the Real Property Actions and Proceedings Law
is amended so that no proceeding shall be maintained unless the court
has notified an individual in writing of the right to obtain legal
representation.
Section 5, Section 713 of the Real Property Actions and Proceedings Law
is amended so that no proceeding shall be maintained unless the court
has notified a respondent in writing of the right to obtain legal repre-
sentation. Any ten-day notice to quit served pursuant to this section
must provide notice of the respondent's right to obtain legal represen-
tation.
Sections 713-A and 715 of the Real Property Actions and Proceedings Law
are amended so that no proceeding shall be maintained unless the court
has notified an individual in writing of the right to obtain legal
representation.
Section 731 of the Real Property Actions and Proceedings Law is amended
so that no proceeding shall be maintained unless the notice of petition
has notified an individual, in writing, of the right to obtain legal
representation.
Section 6, Section 745 of the Real Property Actions and Proceedings Law
is amended so that eligible individuals who appear in court without
counsel must be informed orally by the court that the civil right to
counsel in eviction proceedings exists, and if such an individual would
like counsel, the court must adjourn proceedings for at least thirty
days for the individual to retain counsel; and must grant further
adjournments as are necessary for the individual to retain and consult
counsel.
Section 7, Subdivision 1 and 3 of Section 749 of the ,Real Property
Actions and Proceedings Law is amended so that the court cannot author-
ize the issuance of a warrant or an execution of an eviction pursuant to
a default judgment unless the court has provided the respondent with
written notice of the respondent's right to obtain legal representation.
Failure to do so will constitute good cause to vacate a warrant of
eviction. The court may not order recovery of any sum of money in any
proceeding pending appointment of legal representation.
Section 746 of the Real Property Actions and Proceedings Law is amended
so that, if an individual is not represented and is eligible for coun-
sel, the court must notify the individual orally of the right to obtain
representation. If the individual wants counsel, the court must stop
allocution of any stipulations and adjourn the trial, providing suffi-
cient time, not less than thirty days, for the individual to retain and
consult counsel; and must grant further adjournments as necessary.
Section 8: Provides that a lease or contract provision containing a
waiver or limitation of the right to counsel in eviction proceedings is
deemed void. A new section 235-k is added to the real property law so
that leases must provide notice of the right to counsel.
Section 9: Severability clause. If a court finds any portion of this law
to be invalid, such order or judgment cannot affect or invalidate the
remainder of this Article.
Section 10: Sets the effective date to 180 days after the act has become
law. Sections 3 through 8 will take effect five years after the effec-
tive date.
JUSTIFICATION:
During eviction proceedings, the overwhelming majority of landlords are
represented during eviction proceedings, while most tenants are not.
This is an obvious power imbalance that often leads to unjust outcomes,
and many tenants are evicted where they would otherwise would not be if
they had competent legal representation. High levels of evictions have a
disastrous effect on people's lives and serve to increase New York's
already high homeless levels. This has a negative impact on public
funds, as the State is forced to expend resources on shelter services,
emergency room costs, homelessness services, and more.
This Bill seeks to correct these shortcomings by providing that tenants
will have a civil right to counsel in eviction proceedings in New York
State. It establishes a right to counsel for all New Yorkers, given that
the vast majority of individuals facing eviction are low-income, and
given that means-testing will create barriers to counsel for many of the
most vulnerable people who most need it, such as undocumented people and
those who work in under-the-table, gig, or informal economies, who may
be afraid to prove or face challenges in proving their income. Many more
eligible New Yorkers will self-select out of the program because of the
shame that comes with proving income. Means-testing will necessitate a
costly bureaucratic layer that will prevent many people who need right
to counsel from obtaining it.
The bill establishes the New York State Office of Civil Justice, with
the position of Civil Justice Coordinator to lead this Office, which
will contract with both non-profit legal services organizations to
provide counsel to tenants, and with non-profit community-based organ-
izations to provide tenants' rights education and tenant organizing. It
will hold public hearings and produce annual reports on implementation
and financial auditing.
Just as significant, tenants must be provided with written notice of
their Right to Counsel before any court filing or proceeding can contin-
ue, including before an eviction warrant or default judgement is issued.
Tenants are given information (e.g., phone number or website) in order
to contact a Right to Counsel lawyer. Cases are adjourned until the
tenant is able to retain and consult with their lawyer. Judges, must
verbally inform tenants of their Right to Counsel if they appear in
court without a lawyer. And a failure of the court, the landlord, or
landlord's lawyer to comply with the tenant's Right to Counsel will
result in vacating any eviction warrants.
In 2017, New York City became the first city in the country to pass
Right to Counsel, which has not only led to landlords suing tenants
less, but 84 percent of tenants who had a right to counsel lawyer were
able to remain in their homes. Furthermore, the states and cities that
now also have a Right to Counsel have seen up to a 77 percent reduction
in evictions.
FISCAL IMPACT ON THE STATE:
Right to Counsel is estimated to cost $500 million per year at full
implementation. This funding will cover an expansion of legal services
infrastructure across the state, so that all individuals in covered
proceedings can obtain counsel; an expansion of community organizing
infrastructure, so that New Yorkers are aware of and able to assert
their rights; and the operations of the Office of Civil Representation.
Costs are expected to decrease as eviction filings drop, which has
occurred in other localities, including New York City, with a Right to
Counsel.
Right to Counsel is expected to pay for itself many times over in the
longterm, saving millions of public dollars on shelter costs, costly
disruptions to New Yorkers' livelihoods and education, emergency room
costs, and much more.
LEGISLATIVE HISTORY:
None
EFFECTIVE DATE:
This act shall take effect 180 days after passage into law.
