Add Art 7-C 800 - 800-i, amd 701, 711, 713, 741, 745 & 749, RPAP L; add 235-i, RP L
Establishes the civil right to counsel in eviction proceedings in New York state; creates the New York state office of civil justice; 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: A7570A
SPONSOR: Joyner TITLE OF BILL:
An act to amend the real property actions and proceedings law and the
real property law, in relation to establishing the civil right to coun-
sel 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 7-C, the Civil Right to
Counsel in Eviction Proceedings Act, as part of the Real Property
Actions and Proceedings Law.
*All covered individuals facing eviction 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. And 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.
*Provides the relevant definitions for "Coordinator," "Covered individ-
ual," "Covered proceeding," "Designated legal organization," "Designated
community organization," "Designated statewide languages," "Full legal
representation," "Housing accommodation," and "Office."
*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 Justice. The position of
Civil Justice Coordinator, appointed by the Governor, will lead this new
Office. The Coordinator must:
*Create a new program to provide individuals with access to legal
services in eviction proceedings;
*advise and assist the governor in planning and implementing coordi-
nation and cooperation among state agencies;
*annually apprise the governor, the temporary president of the senate,
and the speaker of the assembly of the need for designated legal organ-
izations and designated community organizations;
*propose an amount of funding for designated legal organizations and
designated community organizations;
*serve as liaison for the state with designated legal organizations and
designated community organizations;
*promulgate any necessary rules and regulations; * prepare a list of
designated languages;
*support outreach and education by designated community organizations;
*perform other duties as the governor may assign;
*identify at least one designated legal organization or consortium of
designated legal organizations capable of providing legal services in
covered proceedings in each region of the state; * consult with tenants,
unions representing employees of designated legal organizations, bar
associations, and representatives of the judiciary;
*estimate annual expenditures;
*identify one or more designated community organizations capable of
providing community education and organization;
*conduct a public hearing for each judicial department once a year to
receive recommendations and feedback about such program;
*provide the governor, the temporary president of the senate, and the
speaker of the assembly with an annual financial audit of the program's
activities, and a review of the program that contains pertinent informa-
tion regarding how many individuals were represented in eviction
proceedings, their backgrounds, and certain information about the
proceedings themselves.
Section 3: A court overseeing an eviction proceeding must notify a
respondent that such-a respondent has a right to civil counsel at least
fourteen days before trial by mail.
Section 4: In situations where a landlord-tenant relationship exists, a
proceeding or filing to recover possession of real property or to
recover for nonpayment of rent cannot be maintained or accepted by a
court unless a petitioner has demonstrated that the respondent has been
provided with written notice of the right to counsel in eviction
proceedings.
Section 5: In situations where a landlord-tenant relationship does not
exist, a proceeding or filing to recover possession of real property or
to recover for nonpayment of rent cannot be maintained or accepted by a
court unless a petitioner has demonstrated that the respondent has been
provided with written notice of the right to counsel in eviction
proceedings.
Section 6: In proceedings to recover possession of real property, a
petition must notify the respondent of the civil right to counsel in
eviction proceedings, and that all proceedings can be adjourned until
the respondent has had time to retain and consult with counsel.
Furthermore, any and all predicate notices served upon the respondent
must include notice of the civil right to counsel in eviction
proceedings, and must provide a phone number, website address and other
information to assist the respondent in securing counsel.
Section 7: Covered 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 coun-
sel, the court must adjourn proceedings for at least fourteen days for
the individual to retain counsel.
Section 8: A court cannot authorize the issuance of a warrant of
eviction unless the petitioner has filed an affidavit attesting that the
respondent was provided with written notice of the respondent's civil
right to counsel in eviction proceedings in the notice of petition and
in any predicate notice. Failure to do so will constitute good cause to
vacate a warrant of eviction.
Section 9: Provides that a lease or contract containing a waiver or
limitation of the right to counsel in eviction proceedings is deemed
void.
Section 10: Sets the effective 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 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 organizations to
provide tenants' rights education and tenant organizing. It will hold
public hearings and produce annual reports on implementation and finan-
cial 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.
A tenant's Right to Counsel must be included in predicate notices, and
this must be served to the tenant before an eviction case can proceed.
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 86 percent of tenants who had a right to counsel lawyer won
their case and were able to remain in their homes. Furthermore, the
seven cities that now have a Right to Counsel have seen up to a 77
percent reduction in evictions.
FISCAL IMPACT ON THE STATE:
To be determined.
LEGISLATIVE HISTORY:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7570--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 14, 2021
___________
Introduced by M. of A. JOYNER, REYES, GOTTFRIED, SEPTIMO, GALLAGHER,
DINOWITZ, SEAWRIGHT, McDONALD, NIOU -- read once and referred to the
Committee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the real property actions and proceedings law and the
real property law, in relation to establishing the civil 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. The legislature hereby finds that
2 there is a fundamental human right to adequate housing accommodations.
3 Safe, secure, and accessible housing is essential to achieving equal
4 access to all other fundamental needs. Without housing, individuals and
5 families too often cannot preserve family integrity, gain employment or
6 other income, or enjoy access to healthcare, proper nutrition, and
7 education.
8 Legal proceedings that can lead to eviction are generally complex and
9 are governed by a large body of procedural and substantive law that
10 makes these proceedings extremely difficult to navigate without the
11 assistance of counsel. The overwhelming majority of landlords who seek
12 to evict tenants are represented by legal counsel, while in the areas of
13 New York State where there is no right to counsel most tenants are not
14 represented by counsel. Eviction proceedings, displacement as a result
15 of eviction proceedings, and executed evictions all have a disparate
16 impact on people of color, who are respondents in eviction proceedings
17 in numbers that greatly exceed their proportion of the general New York
18 population. Representation of persons who face losing their homes in
19 legal proceedings makes a determinative difference in outcome by
20 preserving homes and ensuring compliance with laws that, among other
21 purposes, protect the right to safe and secure living conditions,
22 prohibit discrimination, regulate rents and provide rental subsidies.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11311-04-1
A. 7570--A 2
1 Representation of persons who face losing their homes in legal
2 proceedings is essential to the fair functioning of the justice system
3 and protects the rights to due process and equal protection of the law.
4 Evictions disrupt lives and livelihoods, force tenants to seek alter-
5 native housing in a market with a severe shortage of affordable housing
6 and significantly increase the risk of homelessness. The short- and
7 long-term effects of evictions and homelessness are devastating to indi-
8 viduals and families and can affect physical and mental health, employ-
9 ment, education, and engagement with the criminal justice system.
10 Providing legal assistance to tenants who face eviction not only
11 protects individuals and families from the devastating effects of
12 eviction and homelessness, it saves public funds that would otherwise be
13 spent on shelters and services to people experiencing homelessness as
14 well as public expenses for addressing the wide range of detrimental
15 short- and long-term effects of eviction and homelessness.
16 New York is facing an eviction crisis of unfathomable proportions due
17 to the COVID-19 pandemic. According to an analysis of July 15th Census
18 Bureau data, almost half (46 percent) of all renting households in the
19 state were not able to pay rent and are at risk of eviction. In 2017,
20 New York City adopted legislation that guarantees a right to counsel for
21 tenants facing eviction. Even though the right to counsel in eviction
22 proceedings in New York City is still in the implementation phase, a
23 study conducted by the New York City Office of Civil Justice that
24 analyzed data pertaining to New York City Housing Court proceedings from
25 2013-2019 found that legal representation in eviction matters has an
26 enormously beneficial effect as shown by the following data:
27 1. Evictions dropped 41 percent overall since 2013, including a 15
28 percent drop in 2019 alone;
29 2. Eviction filings dropped by 30 percent between 2013 and 2019,
30 including a 20 percent drop in 2019 alone;
31 3. Default judgments dropped 34 percent between 2013 and 2019;
32 4. Requests by tenants to bring their cases back to the Housing Court
33 calendar on an emergency basis dropped by 38 percent during that time
34 period, because tenant representation is ensuring these issues are
35 addressed at the start of the case; and
36 5. Overall, 84 percent of tenants who were represented by counsel
37 remained in their homes.
38 § 2. The real property actions and proceedings law is amended by
39 adding a new article 7-C to read as follows:
40 ARTICLE 7-C
41 CIVIL RIGHT TO COUNSEL
42 IN EVICTION PROCEEDINGS ACT
43 Section 800. Short title.
44 800-a. Legislative purpose.
45 800-b. Construction; effect of other laws; severability.
46 800-c. Definitions.
47 800-d. Civil right to counsel in eviction proceedings created.
48 800-e. New York state office of civil justice established.
49 800-f. Provision of legal services.
50 800-g. Community engagement.
51 800-h. Public hearings.
52 800-i. Reporting.
53 § 800. Short title. This article shall be known and may be cited as
54 the "civil right to counsel in eviction proceedings act".
55 § 800-a. Legislative purpose. 1. Civil right to counsel. The purpose
56 of this article is to create a civil right to counsel in eviction
A. 7570--A 3
1 proceedings in New York state that guarantees all covered individuals
2 are provided high quality legal representation at government expense in
3 all covered proceedings. The civil right to counsel for people who face
4 eviction is intended to ensure fair and balanced proceedings that
5 comport with the constitutional rights to due process and equal
6 protection and, given the devastating consequences of eviction, outweigh
7 all other considerations in the administration of legal proceedings that
8 could result in eviction.
9 2. New York constitutional source of the right. The source of the
10 right exists in section one of article seventeen of the New York state
11 constitution, which provides that the aid, care and support of the needy
12 are public concerns and shall be provided by the state and by such of
13 its subdivisions, and in such manner and by such means, as the legisla-
14 ture may from time to time determine. Further, section three of article
15 seventeen of the New York state constitution provides that the
16 protection and promotion of the health of the inhabitants of the state
17 are matters of public concern and provisions therefor shall be made by
18 the state and by such of its subdivisions and in such manner, and by
19 such means as the legislature shall from time to time determine.
20 § 800-b. Construction; effect of other laws; severability. 1. This
21 article shall be interpreted broadly to effectuate the purposes
22 described in section eight hundred-a of this article.
23 2. This article shall not be construed to negate, alter, or limit any
24 right to counsel in any civil or criminal action or proceeding otherwise
25 provided under the New York state constitution or any New York state
26 statute. In the event of any conflict between the provisions of this
27 article and any other provision of law, this article shall govern.
28 3. If any word, phrase, clause, sentence, paragraph, subdivision,
29 section or part of this article or the application thereof to any person
30 or circumstance shall be adjudged invalid by a court of competent juris-
31 diction, such order or judgment shall not affect or invalidate the
32 remainder of this article, and shall be confined in its operation to the
33 controversy in which it was rendered, and to the word, phrase, clause,
34 sentence, paragraph, subdivision, section or part thereof directly
35 involved in the controversy in which such judgment shall have been
36 rendered.
37 § 800-c. Definitions. For the purposes of this article, the following
38 terms shall have the following meanings:
39 1. "Coordinator" means the civil justice coordinator appointed pursu-
40 ant to section eight hundred-e of this article.
41 2. "Covered individual" means an individual who resides in a housing
42 accommodation and is at risk of losing their housing or reasonably
43 anticipated to be at risk of losing their housing.
44 3. "Covered proceeding" means any proceeding to evict a covered indi-
45 vidual, including a summary proceeding to seek possession for the non-
46 payment of rent or a holdover, or any other proceeding for termination
47 of tenancy, or any proceeding that could result in an individual losing
48 such individual's housing accommodation. "Covered proceeding" shall
49 include, but not be limited to proceedings:
50 (a) To evict a covered individual, and such proceedings are covered as
51 soon as an owner or managing agent serves a predicate notice terminating
52 a tenancy, demanding rent or any other writing indicating an intent to
53 initiate a covered proceeding;
54 (b) Initiated by a covered individual to correct violations of law
55 relating to hazardous housing standards;
A. 7570--A 4
1 (c) To terminate an eligible individual from participation in any New
2 York state, locality, or federal housing subsidy program;
3 (d) Initiated by a covered individual in response to unlawful landlord
4 or owner behavior;
5 (e) Owner or landlord initiated appeals or appeals initiated by a
6 covered individual upon an adverse ruling; and
7 (f) Any other proceeding commenced against or by an individual that a
8 designated legal organization determines in its sole discretion can be
9 reasonably anticipated to lead to loss of such individual's home or
10 housing accommodation.
11 4. "Designated legal organization" means a not-for-profit organization
12 or association having non-profit status under section 501 (c) (3) of the
13 U.S. internal revenue code that has the capacity to provide comprehen-
14 sive and effective legal services and is designated by the coordinator
15 pursuant to this article.
16 5. "Designated community organization" means a not-for-profit organ-
17 ization or association having non-profit status under section 501 (c)
18 (3) of the U.S. internal revenue code that provide community education
19 and organization regarding rights of tenants.
20 6. "Designated statewide languages" means languages designated by the
21 coordinator pursuant to section eight hundred-e of this article.
22 7. "Full legal representation" means ongoing legal representation
23 provided by a designated legal organization to a covered individual and
24 includes all legal advice, advocacy, and assistance associated with such
25 representation. "Full legal representation" shall include, but not be
26 limited to: filing a notice of appearance, filing and preparation of
27 pleadings and motions on behalf of covered individuals, court appear-
28 ances on behalf of covered individuals, pre- and post-trial settlement
29 conferences, and any other activities needed to provide zealous and
30 effective representation in a covered proceeding.
31 8. "Housing accommodation" means that part of any building or struc-
32 ture or any part thereof, permanent or temporary, occupied or intended,
33 arranged or designed to be used or occupied, by one or more individuals
34 as a residence, home, dwelling unit or apartment, sleeping place, board-
35 ing house, lodging house or hotel, and all essential services, privi-
36 leges, furnishings, furniture and facilities supplied in connection with
37 the occupation thereof.
38 9. "Office" means the New York state office of civil justice estab-
39 lished pursuant to section eight hundred-e of this article.
40 10. "Eviction proceeding" means a covered proceeding.
41 § 800-d. Civil right to counsel in eviction proceedings created. 1.
42 The civil right to full representation by counsel in covered proceedings
43 for covered individuals is hereby created and shall apply to all pending
44 covered proceedings at the time of the effective date of this section,
45 and to all covered proceedings initiated on or after the effective date
46 of this section.
47 2. The civil right to counsel in covered proceedings shall apply to a
48 covered individual upon the service of a predicate notice upon such
49 individual, upon the commencement of a covered proceeding, or upon a
50 determination by a designated legal organization that a covered proceed-
51 ing is reasonably anticipated, whichever occurs earlier.
52 § 800-e. New York state office of civil justice established. 1. There
53 is hereby established the "New York state office of civil justice" to
54 conduct planning and implementation of the purposes of this article.
A. 7570--A 5
1 2. The office shall be headed by a civil justice coordinator who shall
2 be appointed by the governor. The civil justice coordinator shall have
3 the power and duty to:
4 (a) create and implement a program to provide access to legal services
5 pursuant to section eight hundred-f of this article;
6 (b) advise and assist the governor in planning and implementing coor-
7 dination and cooperation among state agencies necessary for the imple-
8 mentation of this article;
9 (c) prepare and submit to the governor, the temporary president of the
10 senate, and the speaker of the assembly an annual report of the need for
11 designated legal organizations and designated community organizations in
12 the state, and whether current designated legal organizations and desig-
13 nated community organizations are able to meet the needs of covered
14 individuals;
15 (d) propose an amount of funding for designated legal organizations
16 and designated community organizations that is sufficient to assist all
17 covered individuals, and to enable such organizations to provide high
18 quality assistance and have reasonable workloads, decent working condi-
19 tions, and adequate compensation for their staff;
20 (e) serve as liaison for the state with designated legal organizations
21 and designated community organizations;
22 (f) promulgate any rules and regulations necessary for the implementa-
23 tion of the provisions of this article;
24 (g) prepare a list of designated languages that shall consist of
25 languages spoken by a large enough population of New York residents that
26 preparation of materials and conduct of education and engagement by
27 designated community organizations in such languages is appropriate;
28 (h) support outreach and education by designated community organiza-
29 tions, to spread awareness of the availability of designated legal
30 organizations; and
31 (i) perform such other duties as the governor may assign.
32 § 800-f. Provision of legal services. 1. The coordinator shall estab-
33 lish a program to provide access to legal services for covered individ-
34 uals in covered proceedings and shall, no later than ninety days follow-
35 ing the effective date of this article:
36 (a) Ensure that a system is in place to provide all covered individ-
37 uals in the state with counsel for covered proceedings, and that any
38 notice of petition for summary eviction proceedings commenced under
39 article seven of this chapter provides notice to covered individuals of
40 their right to counsel and how they may secure such counsel;
41 (b) Ensure that all covered individuals receive access to full legal
42 representation as provided under subdivision two of section eight
43 hundred-d of this article; and
44 (c) Identify at least one designated legal organization or consortium
45 of designated legal organizations capable of providing legal services in
46 covered proceedings in each region of the state. In identifying desig-
47 nated legal organizations, the coordinator shall only consider providers
48 that have the capacity to provide high quality legal assistance and, at
49 minimum, meet the following qualifications:
50 (i) have non-profit status under section 501 (c) (3) of the U.S.
51 internal revenue code;
52 (ii) maintain a practice of furnishing free legal services to individ-
53 uals who cannot afford the services of a licensed legal professional;
54 (iii) possess expertise in housing law, landlord-tenant law, or
55 related experience in representing covered individuals in covered
56 proceedings;
A. 7570--A 6
1 (iv) demonstrate expertise in recognizing and responding to the legal
2 issues facing low-income residents of the state of New York;
3 (v) possess adequate infrastructure and expertise to provide consist-
4 ent, high quality supervision, oversight, training, evaluation, and
5 strategic responses to emerging or changing needs in the client communi-
6 ties served; and
7 (vi) with sufficient funding, have the capacity to maintain reasonable
8 caseloads and working conditions for their attorneys, paralegals, and
9 other staff.
10 2. The coordinator shall require each designated legal organization to
11 identify the geographic areas for which such organization shall provide
12 legal services. For each such geographic area, the coordinator shall
13 maintain a list of designated legal service organizations.
14 3. In developing the program under subdivision one of this section,
15 the coordinator shall consult with:
16 (a) Tenants, representatives for tenants, and community groups;
17 (b) Representatives of designated legal organizations and unions
18 engaged in representing employees of designated legal organizations;
19 (c) Representatives of the New York state bar association, the New
20 York city bar association, the network of bar leaders, and other local
21 bar associations in New York state; and
22 (d) Representatives of the judiciary.
23 4. The coordinator shall estimate annually the expenditures required
24 for each year of implementation of the program described in this
25 section. The estimate of required expenditures shall be sufficient to
26 enable designated legal organizations to provide high quality assistance
27 and maintain the qualifications set forth in paragraph (c) of subdivi-
28 sion one of this section. Beginning January first, two thousand twenty-
29 three, and no later than January first of each year thereafter, the
30 coordinator shall publish a summary of any changes to such estimates for
31 expenditures.
32 5. The coordinator shall annually review the performance of designated
33 legal organizations.
34 § 800-g. Community engagement. 1. The coordinator shall identify one
35 or more designated community organizations capable of providing communi-
36 ty education and organization. In identifying designated community
37 organizations, the coordinator shall only consider organizations that
38 have the capacity to provide high quality assistance and shall, at mini-
39 mum, meet the following qualifications:
40 (a) have non-profit status under section 501 (c) (3) of the U.S.
41 internal revenue code;
42 (b) maintain a practice of furnishing free services;
43 (c) possess expertise and experience in community education and organ-
44 ization, and ties to the communities they serve;
45 (d) demonstrate expertise in recognizing and responding to the housing
46 issues facing low-income residents of the state of New York;
47 (e) possess adequate expertise to provide consistent, high quality
48 supervision, oversight, training, evaluation, and strategic response to
49 emerging or changing needs in the communities served; and
50 (f) maintain reasonable workloads and working conditions for their
51 staff.
52 2. With the support of the coordinator and adequate funding, desig-
53 nated community organizations shall be responsible for engaging and
54 educating tenants of their rights in eviction proceedings, including but
55 not limited to: hosting trainings and other workshops for tenants;
56 distributing written information to tenants; assisting tenants in form-
A. 7570--A 7
1 ing and maintaining tenant associations; referring tenants to designated
2 legal organizations; and other activities to engage, educate, or inform
3 tenants of their rights in eviction proceedings. Engagement and educa-
4 tion shall be provided in designated statewide languages.
5 § 800-h. Public hearings. 1. Following the establishment of the
6 program established pursuant to section eight hundred-f of this article,
7 once each year the coordinator shall hold a public hearing for each
8 judicial department to receive recommendations and feedback about such
9 program.
10 2. Such hearing shall be open to the public, and the coordinator shall
11 provide notice of such hearing, no less than thirty days before such
12 hearing, by:
13 (a) posting in the designated statewide languages in the housing
14 courts and other forums in which eviction proceedings are held;
15 (b) posting in the designated statewide languages in public offices of
16 county social services/human resources departments; and
17 (c) publicizing through local media and to each designated legal
18 organization, each designated community organization, local elected
19 officials, the supervising judges of the housing courts, other forums in
20 which eviction proceedings are held, and community-based organizations.
21 3. At such hearings, written and oral testimony may be provided.
22 4. The coordinator shall cause a transcript of such hearings to be
23 produced and shall post such transcript online no later than forty-five
24 days after a hearing.
25 § 800-i. Reporting. 1. The coordinator shall provide the governor, the
26 temporary president of the senate, and the speaker of the assembly with
27 an annual financial audit of the program's activities, prepared by a
28 certified public accountant licensed in the state of New York and
29 carried out in accordance with generally accepted auditing standards.
30 2. No later than January first, two thousand twenty-three and January
31 first of every other year thereafter, the coordinator shall submit to
32 the governor, the temporary president of the senate, and the speaker of
33 the assembly, and post online, a review of the program established
34 pursuant to section eight hundred-f of this article and information
35 regarding such program's implementation, to the extent such information
36 is available, including, but not limited to:
37 (a) The estimated number of covered individuals in the state;
38 (b) The number of covered individuals who have received legal
39 services, disaggregated by the following characteristics of such indi-
40 viduals:
41 (i) gender, race, ethnicity, and age;
42 (ii) county and postal code of residence;
43 (iii) household size;
44 (iv) estimated length of tenancy;
45 (v) approximate household income;
46 (vi) receipt of ongoing public assistance at the time such legal
47 services were initiated;
48 (vii) tenancy in rent-regulated housing; and
49 (viii) tenancy in housing operated by or subsidized through a federal,
50 state or local rental subsidy program;
51 (c) Legal services provided by type of legal issue;
52 (d) A list of designated legal organizations, the geographic region in
53 which such organizations provide services, and the amount of funding
54 provided to each;
A. 7570--A 8
1 (e) Outcomes immediately following the provision of full legal repre-
2 sentation, as applicable and available, including, but not limited to,
3 the number of:
4 (i) judgments allowing individuals to remain in their residence;
5 (ii) judgments requiring individuals to be displaced from their resi-
6 dence; and
7 (iii) instances where an attorney representing a covered individual
8 was discharged or withdrew;
9 (f) A list of landlords involved in eviction proceedings;
10 (g) Residential evictions conducted by sheriffs or city marshals,
11 disaggregated by county;
12 (h) A list of designated community organizations, the geographic
13 region in which such organizations provide services, and the amount of
14 funding provided to each;
15 (i) The number of buildings in which outreach was conducted, the
16 number of workshops offered, the number of attendees at such workshops,
17 the number of people referred to non-profits having status under section
18 501 (c) (3) of the U.S. internal revenue code, and the number of train-
19 ings offered; and
20 (j) An evaluation of implementation challenges and recommendations for
21 any future programmatic improvements.
22 § 3. Section 701 of the real property actions and proceedings law is
23 amended by adding a new subdivision 3 to read as follows:
24 3. Any court maintaining a covered proceeding, as defined by section
25 eight hundred-c of this chapter, shall notify all respondents by mail
26 upon filing of a petition, not less than fourteen days before trial, of
27 such respondent's civil right to counsel in an eviction proceeding under
28 article seven-C of this chapter.
29 § 4. Subdivisions 1 and 2 of section 711 of the real property actions
30 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
31 of 1963 and subdivision 2 as amended by section 12 of part M of chapter
32 36 of the laws of 2019, are amended to read as follows:
33 1. The tenant continues in possession of any portion of the premises
34 after the expiration of his term, without the permission of the landlord
35 or, in a case where a new lessee is entitled to possession, without the
36 permission of the new lessee. Acceptance of rent after commencement of
37 the special proceeding upon this ground shall not terminate such
38 proceeding nor effect any award of possession to the landlord or to the
39 new lessee, as the case may be. A proceeding seeking to recover
40 possession of real property by reason of the termination of the term
41 fixed in the lease pursuant to a provision contained therein giving the
42 landlord the right to terminate the time fixed for occupancy under such
43 agreement if he deem the tenant objectionable, shall not be maintainable
44 unless the landlord shall by competent evidence establish to the satis-
45 faction of the court that the tenant is objectionable. No proceeding
46 shall be maintained, and no court shall accept for filing, any petition
47 to recover possession of real property unless the petitioner or an agent
48 of the petitioner has filed an affidavit attesting that the petitioner
49 or the petitioner's agent has provided the respondent with written
50 notice, in the notice of petition and any required predicate notice, of
51 such respondent's right to counsel in eviction proceedings under article
52 seven-C of this chapter.
53 2. The tenant has defaulted in the payment of rent, pursuant to the
54 agreement under which the premises are held, and a written demand of the
55 rent has been made with at least fourteen days' notice requiring, in the
56 alternative, the payment of the rent, or the possession of the premises,
A. 7570--A 9
1 has been served upon him as prescribed in section seven hundred thirty-
2 five of this article. No proceeding shall be maintained, and no court
3 shall accept filing for any petition for non-payment of rent unless the
4 written demand for rent required by this section contains a notice of
5 the respondent's civil right to counsel in eviction proceedings, as
6 required by subdivision six of section seven hundred forty-one of this
7 article. Any person succeeding to the landlord's interest in the prem-
8 ises may proceed under this subdivision for rent due his predecessor in
9 interest if he has a right thereto. Where a tenant dies during the term
10 of the lease and rent due has not been paid and the apartment is occu-
11 pied by a person with a claim to possession, a proceeding may be
12 commenced naming the occupants of the apartment seeking a possessory
13 judgment only as against the estate. Entry of such a judgment shall be
14 without prejudice to the possessory claims of the occupants, and any
15 warrant issued shall not be effective as against the occupants.
16 § 5. Section 713 of the real property actions and proceedings law is
17 amended by adding a new subdivision 12 to read as follows:
18 12. No proceeding shall be maintained, and no court shall accept for
19 filing, any petition to recover possession of real property unless the
20 petitioner or an agent of the petitioner has filed an affidavit attest-
21 ing that the petitioner or the petitioner's agent has provided the
22 respondent with written notice, in the notice of petition and any
23 required predicate notice, of such respondent's right to counsel in
24 eviction proceedings under article seven-C of this chapter.
25 § 6. Section 741 of the real property actions and proceedings law is
26 amended by adding three new subdivisions 6, 7 and 8 to read as follows:
27 6. Notify the respondent of the existence of the civil right to coun-
28 sel in eviction proceedings under article seven-C of this chapter, and
29 shall provide a phone number, website address and other information to
30 assist the respondent in securing counsel.
31 7. State the right to an adjournment of the proceedings until a
32 covered individual, as defined in section eight hundred-c of this chap-
33 ter, is able to retain and consult with counsel.
34 8. State that any and all predicate notices served upon the respondent
35 included notice of the civil right to counsel in eviction proceedings
36 under article seven-C of this chapter, and provided a phone number,
37 website address and other information to assist the respondent in secur-
38 ing counsel.
39 § 7. Section 745 of the real property actions and proceedings law is
40 amended by adding a new subdivision 3 to read as follows:
41 3. Where a respondent who is a covered individual under article
42 seven-C of this chapter appears in court without counsel, the court
43 shall notify such respondent orally of the civil right to counsel in
44 eviction proceedings established by article seven-C of this chapter, and
45 if such respondent would like counsel, the court shall adjourn the trial
46 and provide sufficient time, not less than fourteen days, for such
47 respondent to retain and consult counsel and shall grant such further
48 adjournments as the court deems necessary for such covered individual to
49 obtain counsel.
50 § 8. Subdivisions 1 and 3 of section 749 of the real property actions
51 and proceedings law, as amended by section 19 of part M of chapter 36 of
52 the laws of 2019, are amended to read as follows:
53 1. Upon rendering a final judgment for petitioner, the court shall
54 issue a warrant directed to the sheriff of the county or to any consta-
55 ble or marshal of the city in which the property, or a portion thereof,
56 is situated, or, if it is not situated in a city, to any constable of
A. 7570--A 10
1 any town in the county, describing the property, stating the earliest
2 date upon which execution may occur pursuant to the order of the court,
3 and commanding the officer to remove all persons named in the proceed-
4 ing, provided upon a showing of good cause, the court may issue a stay
5 of re-letting or renovation of the premises for a reasonable period of
6 time. However, no court shall issue a judgment authorizing the issuance
7 of a warrant of eviction against a respondent who has defaulted, or
8 authorize the execution of an eviction pursuant to a default judgment,
9 unless the petitioner or an agent of the petitioner has filed an affida-
10 vit attesting that the petitioner or the petitioner's agent has provided
11 the respondent with written notice of the respondent's civil right to
12 counsel in eviction proceedings in the notice of petition and in any
13 predicate notice as required by sections seven hundred eleven, seven
14 hundred forty-one and seven hundred forty-five of this article.
15 3. Nothing contained herein shall deprive the court of the power to
16 stay or vacate such warrant for good cause shown prior to the execution
17 thereof, or to restore the tenant to possession subsequent to execution
18 of the warrant. The failure of the court or the petitioner to comply
19 with the civil right to counsel in eviction proceedings pursuant to
20 article seven-C of this chapter shall constitute good cause to vacate
21 such warrant. In a judgment for non-payment of rent, the court shall
22 vacate a warrant upon tender or deposit with the court of the full rent
23 due at any time prior to its execution, unless the petitioner estab-
24 lishes that the tenant withheld the rent due in bad faith. Petitioner
25 may recover by action any sum of money which was payable at the time
26 when the special proceeding was commenced and the reasonable value of
27 the use and occupation to the time when the warrant was issued, for any
28 period of time with respect to which the agreement does not make any
29 provision for payment of rent.
30 § 9. The real property law is amended by adding a new section 235-i to
31 read as follows:
32 § 235-i. Lease provisions waiving right to counsel void. Any
33 provision of a lease or contract waiving or limiting the right to coun-
34 sel in eviction proceedings under article seven-C of the real property
35 actions and proceedings law shall be void.
36 § 10. This act shall take effect immediately.
