A07570 Summary:

BILL NOA07570C
 
SAME ASNo Same As
 
SPONSORJoyner
 
COSPNSRReyes, 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
 
MLTSPNSR
 
Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
 
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.
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A07570 Actions:

BILL NOA07570C
 
05/14/2021referred to judiciary
09/15/2021amend and recommit to judiciary
09/15/2021print number 7570a
01/05/2022referred to judiciary
03/07/2022amend and recommit to judiciary
03/07/2022print number 7570b
05/27/2022amend (t) and recommit to judiciary
05/27/2022print number 7570c
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A07570 Committee Votes:

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A07570 Floor Votes:

There are no votes for this bill in this legislative session.
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A07570 Memo:

NEW 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.
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A07570 Text:



 
                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.
                                                                   LBD11311-09-2

        A. 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 an

        A. 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  such

        A. 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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