- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A07570 Summary:
BILL NO | A07570C |
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SAME AS | SAME AS S06678-C |
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SPONSOR | Joyner |
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COSPNSR | Reyes, Gottfried, Septimo, Gallagher, Dinowitz, Seawright, McDonald, Niou, Burgos, Davila, Epstein, Simon, Cruz, Barnwell, Mitaynes, Forrest, Carroll, Fahy, Gonzalez-Rojas, Mamdani, Burdick, Fernandez, Perry, Hunter, Meeks, Solages, Jackson, Paulin, Abinanti, Otis, Aubry, Pretlow, Bichotte Hermelyn, Kelles, Cunningham, Quart, Rivera J, Zinerman, Tapia, Walker, Bronson, O'Donnell, Clark, Glick, Anderson, Benedetto, Woerner, Taylor, Cook, Kim, Zebrowski, Weprin, Hyndman, Rosenthal L |
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MLTSPNSR | |
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Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L | |
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Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings; requires that eligible individuals be given notice of their ability to obtain legal representation or legal consultation. |
A07570 Actions:
BILL NO | A07570C | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/14/2021 | referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
09/15/2021 | amend and recommit to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
09/15/2021 | print number 7570a | |||||||||||||||||||||||||||||||||||||||||||||||||
01/05/2022 | referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
03/07/2022 | amend and recommit to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
03/07/2022 | print number 7570b | |||||||||||||||||||||||||||||||||||||||||||||||||
05/27/2022 | amend (t) and recommit to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
05/27/2022 | print number 7570c | |||||||||||||||||||||||||||||||||||||||||||||||||
05/31/2022 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/02/2022 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2022 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2022 | rules report cal.692 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2022 | ordered to third reading rules cal.692 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2022 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2022 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2022 | REFERRED TO RULES |
A07570 Committee Votes:
Lavine | Aye | Montesano | Nay | ||||||
Zebrowski | Aye | Norris | Nay | ||||||
Weprin | Aye | Walsh | Nay | ||||||
Braunstein | Aye | Byrnes | Nay | ||||||
Quart | Aye | Brown | Nay | ||||||
Steck | Aye | Tannousis | Nay | ||||||
Seawright | Aye | ||||||||
Joyner | Aye | ||||||||
Abinanti | Aye | ||||||||
Wallace | Aye | ||||||||
Walker | Aye | ||||||||
Cruz | Aye | ||||||||
McMahon | Aye | ||||||||
Mitaynes | Aye | ||||||||
Rajkumar | Aye | ||||||||
Weinstein | Aye | Ra | Nay | ||||||
Glick | Aye | Fitzpatrick | Nay | ||||||
Nolan | Aye | Hawley | Nay | ||||||
Pretlow | Aye | Montesano | Nay | ||||||
Colton | Aye | Blankenbush | Nay | ||||||
Cook | Aye | Norris | Nay | ||||||
Cahill | Aye | Brabenec | Aye | ||||||
Aubry | Aye | Palmesano | Nay | ||||||
Cusick | Aye | Byrne | Nay | ||||||
Benedetto | Aye | Ashby | Nay | ||||||
Weprin | Aye | ||||||||
Ramos | Excused | ||||||||
Braunstein | Aye | ||||||||
McDonald | Aye | ||||||||
Rozic | Aye | ||||||||
Dinowitz | Aye | ||||||||
Joyner | Excused | ||||||||
Magnarelli | Aye | ||||||||
Zebrowski | Aye | ||||||||
Bronson | Aye | ||||||||
Dilan | Aye | ||||||||
Seawright | Aye | ||||||||
Hyndman | Aye | ||||||||
Walker | Aye | ||||||||
Bichotte Hermel | Aye | ||||||||
Heastie | Excused | Barclay | Nay | ||||||
Gottfried | Aye | Hawley | Nay | ||||||
Nolan | Excused | Giglio | Nay | ||||||
Weinstein | Aye | Blankenbush | Nay | ||||||
Pretlow | Aye | Norris | Nay | ||||||
Cook | Aye | Montesano | Nay | ||||||
Glick | Aye | Ra | Nay | ||||||
Aubry | Aye | Brabenec | Nay | ||||||
Englebright | Aye | ||||||||
Dinowitz | Aye | ||||||||
Colton | Excused | ||||||||
Magnarelli | Aye | ||||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Braunstein | Aye | ||||||||
Dickens | Aye | ||||||||
Davila | Aye | ||||||||
Hyndman | Aye | ||||||||
Go to top
A07570 Floor Votes:
ER
Abbate
Yes
Chandler-Waterm
Yes
Forrest
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Abinanti
Yes
Clark
No
Friend
Yes
Kelles
Yes
Otis
No
Simpson
Yes
Anderson
Yes
Colton
Yes
Frontus
Yes
Kim
No
Palmesano
No
Smith
No
Angelino
Yes
Conrad
Yes
Galef
No
Lalor
Yes
Paulin
No
Smullen
No
Ashby
Yes
Cook
Yes
Gallagher
Yes
Lavine
No
Peoples-Stokes
Yes
Solages
Yes
Aubry
Yes
Cruz
No
Gallahan
No
Lawler
Yes
Pheffer Amato
Yes
Steck
No
Barclay
Yes
Cunningham
No
Gandolfo
No
Lemondes
Yes
Pretlow
No
Stern
Yes
Barnwell
Yes
Cusick
Yes
Gibbs
Yes
Lucas
ER
Quart
Yes
Stirpe
Yes
Barrett
Yes
Cymbrowitz
No
Giglio JA
Yes
Lunsford
No
Ra
No
Tague
Yes
Benedetto
Yes
Darling
No
Giglio JM
Yes
Lupardo
Yes
Rajkumar
No
Tannousis
Yes
Bichotte Hermel
Yes
Davila
Yes
Glick
Yes
Magnarelli
Yes
Ramos
Yes
Tapia
No
Blankenbush
Yes
De Los Santos
Yes
Gonzalez-Rojas
Yes
Mamdani
No
Reilly
Yes
Taylor
No
Brabenec
No
DeStefano
No
Goodell
No
Manktelow
Yes
Reyes
No
Thiele
Yes
Braunstein
Yes
Dickens
Yes
Gottfried
Yes
McDonald
Yes
Rivera J
Yes
Vanel
Yes
Bronson
Yes
Dilan
No
Griffin
No
McDonough
Yes
Rivera JD
No
Walczyk
ER
Brown E
Yes
Dinowitz
No
Gunther
Yes
McMahon
ER
Rosenthal D
Yes
Walker
No
Brown K
No
DiPietro
No
Hawley
Yes
Meeks
Yes
Rosenthal L
No
Wallace
Yes
Burdick
No
Durso
Yes
Hevesi
No
Mikulin
ER
Rozic
No
Walsh
Yes
Burgos
ER
Eichenstein
Yes
Hunter
No
Miller
No
Salka
Yes
Weinstein
Yes
Burke
No
Englebright
Yes
Hyndman
Yes
Mitaynes
No
Santabarbara
Yes
Weprin
No
Buttenschon
Yes
Epstein
Yes
Jackson
No
Montesano
No
Sayegh
Yes
Williams
No
Byrne
Yes
Fahy
Yes
Jacobson
No
Morinello
No
Schmitt
Yes
Woerner
No
Byrnes
Yes
Fall
Yes
Jean-Pierre
Yes
Niou
Yes
Seawright
Yes
Zebrowski
Yes
Cahill
Yes
Fernandez
No
Jensen
Yes
Nolan
Yes
Septimo
Yes
Zinerman
Yes
Carroll
No
Fitzpatrick
No
Jones
No
Norris
No
Sillitti
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A07570 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A7570C 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 access to legal services 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 the Civil Representation, and Provides the duties and responsibilities thereof. *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 "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 the 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 access to legal services in eviction proceedings; *Prepare and submit an 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; *develop programs to provide legal representation through one or more designated organizations to eligible individuals in covered proceedings throughout the state, legal consultation through one or more designated legal organizations to those individuals not eligible for legal repre- sentation under this article *promulgate any necessary rules and regulations; *identify one or more designated community organizations capable of providing community education and organization, and support outreach and education by designated community organizations; * conduct a public hearing in each region of the state at least once a year to receive recommendations and feedback about such program; 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 ability to obtain a civil counsel. Section 4, Subdivisions 1 and 2 of 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 of the ability to obtain legal representation or legal consultation. Section 5 amends Section 713 of the Real Property Actions and Proceedings Law is amended so that no proceeding shall be maintained unless the court has notified an individual of the ability to obtain legal representation or legal consultation. Section 6 amends Section 745 of the Real Property Actions and Proceedings Law is amended Covered individuals who appear in court with- out 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 fourteen days for the individual to retain counsel. Section 7 amends Subdivision 1 and 3 of Section 749 of the Real Property Actions and Proceedings Law is amended court cannot authorize the issu- ance of a warrant of eviction unless the petitioner has filed an affida- vit 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 8: 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.
A07570 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7570--C 2021-2022 Regular Sessions IN ASSEMBLY May 14, 2021 ___________ Introduced by M. of A. JOYNER, REYES, GOTTFRIED, SEPTIMO, GALLAGHER, DINOWITZ, SEAWRIGHT, McDONALD, NIOU, BURGOS, DAVILA, EPSTEIN, SIMON, CRUZ, BARNWELL, MITAYNES, FORREST, CARROLL, FAHY, GONZALEZ-ROJAS, MAMDANI, BURDICK, FERNANDEZ, HUNTER, MEEKS, SOLAGES, JACKSON, PAULIN, ABINANTI, OTIS, AUBRY, PRETLOW, BICHOTTE HERMELYN, KELLES, CUNNINGHAM, QUART, J. RIVERA, ZINERMAN, TAPIA, WALKER, BRONSON, O'DONNELL, CLARK, GLICK, ANDERSON, BENEDETTO, WOERNER, TAYLOR, COOK -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 access to legal services 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. Additionally, because eviction proceedings can be complex, all New 6 Yorkers should be apprised of the process as well as their rights and 7 remedies in such proceedings. 8 There is a fundamental human right to adequate housing accommodations. 9 Safe, secure, and accessible housing is essential to achieving equal 10 access to all other fundamental needs. Without housing, individuals and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11311-09-2A. 7570--C 2 1 families too often cannot preserve family integrity, gain employment or 2 other income, or enjoy access to healthcare, proper nutrition, and 3 education. 4 Eviction proceedings and displacement as a result of evictions have a 5 disparate impact on low-income individuals and particularly on low-in- 6 come people of color, who are disproportionately the respondents in 7 eviction proceedings. 8 Representation of the people who are most at risk of losing their 9 homes in legal proceedings preserves access to housing and ensures 10 compliance with laws protecting people's rights in such proceedings. 11 Abrupt, unwarranted, or unlawful evictions disrupt lives and liveli- 12 hoods, force people to find housing in a market with a severe shortage 13 of affordable housing and often significantly increases the risk of 14 homelessness. The short- and long-term effects of housing instability 15 are devastating to individuals and families and can affect physical and 16 mental health, employment and education. Providing legal assistance to 17 individuals who are most at risk of housing instability not only 18 protects individuals and families from these devastating effects, it 19 saves public funds that would otherwise be spent on shelters and 20 services to people experiencing homelessness as well as the wide range 21 of detrimental short- and long-term collateral consequences of housing 22 instability. 23 § 2. The executive law is amended by adding a new article 29 to read 24 as follows: 25 ARTICLE 29 26 NEW YORK STATE OFFICE OF CIVIL REPRESENTATION 27 Section 827. Office of civil representation. 28 828. Powers and duties of the office of civil representation. 29 829. Definitions. 30 830. Provision of legal representation, legal consultation, and 31 community education. 32 § 827. Office of civil representation. 1. There is hereby established 33 in the executive department an office of civil representation to create 34 and implement a program to provide access to legal services pursuant to 35 section eight hundred twenty-eight of this article. 36 2. The office shall be headed by an executive director who shall be 37 appointed by the governor with the advice and consent of the senate. 38 § 828. Powers and duties of the office of civil representation. The 39 executive director shall have the power and duty to: 40 1. establish a program to provide legal representation and legal 41 consultation including entering into contracts and agreements as may be 42 necessary, in accordance with section eight hundred thirty of this arti- 43 cle; 44 2. prepare and submit to the governor, the temporary president of the 45 senate, and the speaker of the assembly an annual report regarding the 46 program created under section eight hundred thirty of this article. 47 Such report shall include but not be limited to the following informa- 48 tion, disaggregated by county, provided, however, that the information 49 shall not be required for every case where the individual refuses to 50 provide the information or the information is not reasonably ascertaina- 51 ble: 52 (a) the total number of people provided legal representation and legal 53 consultation; 54 (b) the outcomes of the cases provided legal representation and, to 55 the extent known, the outcomes of the cases provided legal consultation; 56 (c) gender, race, ethnicity, and age;A. 7570--C 3 1 (d) postal code of residence; 2 (e) household size; 3 (f) estimated length of tenancy; 4 (g) approximate household income; 5 (h) receipt of ongoing public assistance at the time such legal 6 services were initiated; 7 (i) tenancy in rent-regulated housing; 8 (j) tenancy in housing operated by or subsidized through a federal, 9 state or local rental subsidy program; 10 (k) legal services provided by type of legal issue; 11 (l) a list of designated legal organizations, the geographic region in 12 which such organizations provide services, and the amount of funding 13 provided to each; 14 (m) outcomes immediately following the provision of full legal repre- 15 sentation, as applicable and available, including, but not limited to, 16 the number of: 17 (i) judgments allowing individuals to remain in their residence; 18 (ii) judgments requiring individuals to be displaced from their resi- 19 dence; and 20 (iii) instances where an attorney representing an income-eligible 21 individual was discharged or withdrew; 22 (n) a list of landlords involved in eviction proceedings; 23 (o) residential evictions conducted by sheriffs or city marshals, 24 disaggregated by county; 25 (p) a list of designated community organizations, the geographic 26 region in which such organizations provide services, and the amount of 27 funding provided to each; 28 (q) the number of buildings in which outreach was conducted, the 29 number of workshops offered, the number of attendees at such workshops, 30 the number of people referred to non-profits having status under section 31 501 (C) (3) of the United States internal revenue code, and the number 32 of trainings offered; and 33 (r) an evaluation of implementation challenges and recommendations for 34 any future programmatic improvements. 35 3. provide an annual estimate for the funding necessary for the opera- 36 tion of the program under section eight hundred thirty of this article; 37 4. coordinate with other programs providing legal representation in 38 covered proceedings to ensure efficiency of functions and to prevent 39 duplication of work; 40 5. subject to available funding, create a program providing outreach 41 and education through designated legal organizations, or other community 42 organizations, to spread awareness of the availability of legal repre- 43 sentation and legal consultation by such designated legal organizations; 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 § 829. 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 and who has anA. 7570--C 4 1 income at or below eighty percent of the area median income and, where 2 applicable, does not otherwise qualify for legal representation under 3 any other program providing individuals legal representation operated or 4 funded by a municipality, as well as any other individual meeting crite- 5 ria developed by the office, which may include but not be limited to 6 individuals eligible for a stay on the issuance of a warrant of eviction 7 under section seven hundred fifty-three of the real property actions and 8 proceedings law. 9 4. "covered proceeding" means any proceeding to evict an individual or 10 otherwise terminate a tenancy, any other proceeding that is likely to 11 result in an individual losing such individual's housing accommodation, 12 as determined by the office, or a proceeding brought by an eligible 13 individual to enforce the warranty of habitability or in response to the 14 unlawful actions of a landlord, as well as any appeals from any such 15 proceedings. 16 5. "designated legal organization" means a not-for-profit organization 17 or association having non-profit status under section 501(C)(3) of the 18 United States internal revenue code that has the capacity to provide 19 comprehensive and effective legal services for the program established 20 under section eight hundred thirty of this article. To the extent prac- 21 ticable, such designated legal organizations shall be organizations that 22 maintain a practice of furnishing free or reduced cost legal services to 23 individuals; possess expertise in the areas of law for covered 24 proceedings; have a demonstrated history or practice with regard to the 25 legal issues facing low-income residents of the state of New York; 26 possess adequate infrastructure to provide consistent legal represen- 27 tation and/or legal consultation. 28 6. "designated community organization" means a not-for-profit organ- 29 ization or association having non-profit status under section 501(C)(3) 30 of the United States internal revenue code that has the capacity to 31 provide education in a program established under section eight hundred 32 thirty of this article. To the extent practicable, such designated 33 community organization shall maintain a practice of furnishing free 34 services; possess expertise and experience in community education and 35 organizing, and ties to the communities they serve; demonstrate exper- 36 tise in recognizing and responding to the housing issues facing low-in- 37 come residents of the state of New York; possess adequate expertise to 38 provide consistent, high quality supervision, oversight, training, eval- 39 uation, and strategic response to emerging or changing needs in the 40 communities served; and maintain reasonable workloads and working condi- 41 tions for their staff. 42 7. "legal representation" means ongoing legal representation provided 43 by a designated legal organization to eligible individuals and the 44 provision of legal advice, advocacy, and assistance, including but not 45 be limited to: filing a notice of appearance, filing and preparation of 46 pleadings and motions on behalf of eligible individuals, court appear- 47 ances on behalf of eligible individuals, pre- and post-trial settlement 48 conferences, and any other activities needed to provide legal represen- 49 tation in a covered proceeding. 50 8. "legal consultation" means the provision of legal advice, including 51 advising an individual, who is not otherwise an eligible individual 52 under this section, of the applicable laws and remedies pertaining to 53 the covered proceeding in which they are involved, provided by a desig- 54 nated legal organization to an individual who is not otherwise an eligi- 55 ble individual.A. 7570--C 5 1 9. "housing accommodation" means that part of any building or struc- 2 ture or any part thereof, permanent or temporary, occupied or intended, 3 arranged or designed to be used or occupied, by one or more individuals 4 as a residence, home, dwelling unit or apartment, sleeping place, board- 5 ing house, lodging house or hotel, and all essential services, privi- 6 leges, furnishings, furniture and facilities supplied in connection with 7 the occupation thereof. 8 § 830. Provision of legal representation, legal consultation, and 9 community education. 1. Subject to available funding and in accordance 10 with this article, the office shall develop programs to provide: 11 (a) legal representation through one or more designated legal organ- 12 izations to eligible individuals in covered proceedings throughout the 13 state; 14 (b) legal consultation through one or more designated legal organiza- 15 tions to individuals not eligible for legal representation under this 16 article and not otherwise eligible for legal consultation under any 17 program operated or funded by a municipality; and 18 (c) community outreach and education through one or more designated 19 legal organizations and/or designated community organizations regarding 20 the programs created herein. 21 2. In creating the programs under subdivision one of this section, the 22 executive director shall consult with the following: 23 (a) tenants and/or representatives of tenants, and community groups 24 representing low-income or other at-risk members of the community; 25 (b) legal and community-based organizations; 26 (c) representatives of the judiciary; 27 (d) representatives of a municipality operating or funding a program 28 providing legal representation, legal consultation, or community educa- 29 tion and outreach and/or representatives of the organizations involved 30 in such programs; and 31 (e) any other organizations or individuals as may be necessary as 32 determined by the executive director. 33 3. The office shall post on its website information regarding the 34 programs created under this section including how individuals may find 35 services available in their geographic area. 36 4. The office shall hold one or more hearings or listening sessions in 37 each region of the state on an annual basis to evaluate the programs 38 created pursuant to this section and to incorporate any necessary chang- 39 es to such programs. 40 § 3. Section 701 of the real property actions and proceedings law is 41 amended by adding a new subdivision 3 to read as follows: 42 3. Any court maintaining a covered proceeding, as defined by section 43 eight hundred twenty-nine of the executive law, shall notify all 44 respondents by mail upon filing of a petition, not less than fourteen 45 days before trial, of the ability to obtain legal representation or 46 legal consultation, as applicable, pursuant to section eight hundred 47 thirty of the executive law. 48 § 4. Subdivisions 1 and 2 of section 711 of the real property actions 49 and proceedings law, subdivision 1 as amended by chapter 305 of the laws 50 of 1963 and subdivision 2 as amended by section 12 of part M of chapter 51 36 of the laws of 2019, are amended to read as follows: 52 1. The tenant continues in possession of any portion of the premises 53 after the expiration of his term, without the permission of the landlord 54 or, in a case where a new lessee is entitled to possession, without the 55 permission of the new lessee. Acceptance of rent after commencement of 56 the special proceeding upon this ground shall not terminate suchA. 7570--C 6 1 proceeding nor effect any award of possession to the landlord or to the 2 new lessee, as the case may be. A proceeding seeking to recover 3 possession of real property by reason of the termination of the term 4 fixed in the lease pursuant to a provision contained therein giving the 5 landlord the right to terminate the time fixed for occupancy under such 6 agreement if he deem the tenant objectionable, shall not be maintainable 7 unless the landlord shall by competent evidence establish to the satis- 8 faction of the court that the tenant is objectionable. No proceeding 9 shall be maintained unless the court has notified an individual of the 10 ability to obtain legal representation or legal consultation, as appli- 11 cable, pursuant to section eight hundred thirty of the executive law. 12 2. The tenant has defaulted in the payment of rent, pursuant to the 13 agreement under which the premises are held, and a written demand of the 14 rent has been made with at least fourteen days' notice requiring, in the 15 alternative, the payment of the rent, or the possession of the premises, 16 has been served upon him as prescribed in section seven hundred thirty- 17 five of this article. No proceeding shall be maintained unless the court 18 has notified an individual of the ability to obtain legal representation 19 or legal consultation, as applicable, pursuant to section eight hundred 20 thirty of the executive law. Any person succeeding to the landlord's 21 interest in the premises may proceed under this subdivision for rent due 22 his predecessor in interest if he has a right thereto. Where a tenant 23 dies during the term of the lease and rent due has not been paid and the 24 apartment is occupied by a person with a claim to possession, a proceed- 25 ing may be commenced naming the occupants of the apartment seeking a 26 possessory judgment only as against the estate. Entry of such a judgment 27 shall be without prejudice to the possessory claims of the occupants, 28 and any warrant issued shall not be effective as against the occupants. 29 § 5. Section 713 of the real property actions and proceedings law is 30 amended by adding a new subdivision 12 to read as follows: 31 12. No proceeding shall be maintained, unless the court has provided 32 the respondent with written notice of the ability of the respondent to 33 obtain legal representation or legal consultation, as applicable, pursu- 34 ant to section eight hundred thirty of the executive law. 35 § 6. Section 745 of the real property actions and proceedings law is 36 amended by adding a new subdivision 3 to read as follows: 37 3. Where a respondent who is an eligible individual, as defined in 38 subdivision three of section eight hundred twenty-nine of the executive 39 law, appears in court without counsel, the court shall notify such 40 respondent orally of the ability to obtain legal representation pursuant 41 to section eight hundred thirty of the executive law, and if such 42 respondent would like counsel, the court shall adjourn the trial and 43 provide sufficient time, not less than fourteen days, for such respond- 44 ent to retain and consult counsel and shall grant such further adjourn- 45 ments as the court deems necessary for such covered individual to obtain 46 counsel. 47 § 7. Subdivisions 1 and 3 of section 749 of the real property actions 48 and proceedings law, as amended by section 19 of part M of chapter 36 of 49 the laws of 2019, are amended to read as follows: 50 1. Upon rendering a final judgment for petitioner, the court shall 51 issue a warrant directed to the sheriff of the county or to any consta- 52 ble or marshal of the city in which the property, or a portion thereof, 53 is situated, or, if it is not situated in a city, to any constable of 54 any town in the county, describing the property, stating the earliest 55 date upon which execution may occur pursuant to the order of the court, 56 and commanding the officer to remove all persons named in the proceed-A. 7570--C 7 1 ing, provided upon a showing of good cause, the court may issue a stay 2 of re-letting or renovation of the premises for a reasonable period of 3 time. However, no court shall issue a judgment authorizing the issuance 4 of a warrant of eviction against a respondent who has defaulted, or 5 authorize the execution of an eviction pursuant to a default judgment, 6 unless the court has provided the respondent with written notice of the 7 respondent's ability to obtain legal representation or legal consulta- 8 tion, as applicable, pursuant to section eight hundred thirty of the 9 executive law in eviction proceedings in the notice required by sections 10 seven hundred eleven, seven hundred forty-one and seven hundred forty- 11 five of this article. 12 3. Nothing contained herein shall deprive the court of the power to 13 stay or vacate such warrant for good cause shown prior to the execution 14 thereof, or to restore the tenant to possession subsequent to execution 15 of the warrant. The failure of the court to advise an individual of 16 their ability to obtain legal representation or legal consultation, as 17 applicable, pursuant to section eight hundred thirty of the executive 18 law in an eviction proceeding shall constitute good cause to stay or 19 vacate such warrant. In a judgment for non-payment of rent, the court 20 shall vacate a warrant upon tender or deposit with the court of the full 21 rent due at any time prior to its execution, unless the petitioner 22 establishes that the tenant withheld the rent due in bad faith. Peti- 23 tioner may recover by action any sum of money which was payable at the 24 time when the special proceeding was commenced and the reasonable value 25 of the use and occupation to the time when the warrant was issued, for 26 any period of time with respect to which the agreement does not make any 27 provision for payment of rent. 28 § 8. The real property law is amended by adding a new section 235-j to 29 read as follows: 30 § 235-j. Lease provisions waiving right to counsel void. Any 31 provision of a lease or contract waiving or otherwise limiting the 32 tenant's ability to obtain legal representation or legal consultation 33 under section eight hundred thirty of the executive law, as may be 34 applicable, shall be void and unenforceable. 35 § 9. Severability clause. If any provision of this act, or any appli- 36 cation of any provision of this act, is held to be invalid, or to 37 violate or be inconsistent with any federal law or regulation, that 38 shall not affect the validity or effectiveness of any other provision of 39 this act, which can be given effect without that provision or applica- 40 tion; and to that end, the provisions and applications of this act are 41 severable. 42 § 10. This act shall take effect on the one hundred eightieth day 43 after it shall have become a law; provided, however, that sections three 44 through eight of this act shall take effect three years after such date.
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