S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3418
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the county law, in relation to the  provision  of  legal
   representation  to certain persons in eviction, ejectment and foreclo-
   sure proceedings

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The county law is amended by adding a new article 18-C to
 read as follows:
 
                               ARTICLE 18-C
     REPRESENTATION OF PERSONS IN EVICTION, EJECTMENT AND FORECLOSURE
                                PROCEEDINGS
 SECTION 723. DEFINITIONS.
         723-A. PLAN FOR REPRESENTATION.
         723-B. COMPENSATION AND REIMBURSEMENT FOR REPRESENTATION.
         723-C. SERVICES OTHER THAN COUNSEL.
         723-D. DURATION OF ASSIGNMENT.
         723-E. EXPENSES.
         723-F. ANNUAL REPORTS.
   § 723. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COVERED  PROCEEDING"  MEANS  ANY  ACTION OR SPECIAL PROCEEDING TO
 EVICT AN ELIGIBLE INDIVIDUAL, INCLUDING THOSE SEEKING POSSESSION FOR THE
 NON-PAYMENT OF RENT OR HOLDOVER, OR PROCEEDINGS FOR EJECTMENT  OR  FORE-
 CLOSURE.
   2.  "ELIGIBLE  PERSON" MEANS AN OCCUPANT OF A RENTAL DWELLING UNIT, AN
 OWNER OF SHARES OF A COOPERATIVE CORPORATION WHO OCCUPIES  THE  DWELLING
 UNIT  TO  WHICH  SUCH  SHARES ARE ALLOCATED, THE OWNER AND OCCUPANT OF A
 DWELLING UNIT OWNED AS A CONDOMINIUM OR THE OWNER AND OCCUPANT OF A ONE-
 OR TWO-FAMILY DWELLING WHO IS A DEFENDANT OR  RESPONDENT  IN  A  COVERED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01020-01-9

 S. 3418                             2
 
 PROCEEDING  AND  WHOSE  GROSS  INDIVIDUAL INCOME IS NOT IN EXCESS OF ONE
 HUNDRED TWENTY-FIVE PERCENT OF THE FEDERAL INCOME OFFICIAL POVERTY LINE.
   3. "COUNSEL" MEANS A LAWYER OR LAWYERS LICENSED TO PRACTICE LAW IN NEW
 YORK STATE.
   §  723-A.  PLAN  FOR REPRESENTATION. THE GOVERNING BODY OF EACH COUNTY
 AND THE GOVERNING BODY OF THE CITY IN WHICH A COUNTY IS WHOLLY CONTAINED
 SHALL PLACE IN OPERATION THROUGHOUT THE  COUNTY  A  PLAN  FOR  PROVIDING
 LEGAL COUNSEL TO ELIGIBLE PERSONS WHO ARE DEFENDANTS OR RESPONDENTS IN A
 COVERED  PROCEEDING  AND  WHO  ARE FINANCIALLY UNABLE TO OBTAIN COUNSEL.
 EACH PLAN  SHALL  ALSO  PROVIDE  FOR  INVESTIGATIVE,  EXPERT  AND  OTHER
 SERVICES  NECESSARY, WHERE APPROPRIATE. THE PLAN SHALL CONFORM TO ONE OF
 THE FOLLOWING:
   1. REPRESENTATION BY A PUBLIC DEFENDER APPOINTED PURSUANT TO  SUBDIVI-
 SION THREE OF SECTION SEVEN HUNDRED SEVENTEEN OF THIS CHAPTER.
   2.  (A) REPRESENTATION BY COUNSEL FURNISHED PURSUANT TO EITHER OR BOTH
 OF THE FOLLOWING: A PLAN OF A BAR ASSOCIATION IN EACH COUNTY OR THE CITY
 IN WHICH A COUNTY IS WHOLLY  CONTAINED  WHEREBY:  (I)  THE  SERVICES  OF
 PRIVATE  COUNSEL  ARE  ROTATED  AND COORDINATED BY AN ADMINISTRATOR, AND
 SUCH ADMINISTRATOR MAY BE COMPENSATED FOR SUCH  SERVICE;  OR  (II)  SUCH
 REPRESENTATION IS PROVIDED BY AN OFFICE OF CONFLICT DEFENDER.
   (B)  ANY  PLAN  OF  A BAR ASSOCIATION MUST RECEIVE THE APPROVAL OF THE
 STATE ADMINISTRATOR BEFORE THE PLAN IS PLACED IN OPERATION. WHEN CONSID-
 ERING APPROVAL OF AN  OFFICE  OF  CONFLICT  DEFENDER  PURSUANT  TO  THIS
 SECTION, THE STATE ADMINISTRATOR SHALL EMPLOY THE GUIDELINES ESTABLISHED
 BY  THE  OFFICE  OF INDIGENT LEGAL SERVICES PURSUANT TO PARAGRAPH (D) OF
 SUBDIVISION THREE OF SECTION EIGHT HUNDRED THIRTY-TWO OF  THE  EXECUTIVE
 LAW.
   (C)  ANY COUNTY OPERATING AN OFFICE OF CONFLICT DEFENDER, AS DESCRIBED
 IN SUBPARAGRAPH (II) OF PARAGRAPH (A) OF THIS SUBDIVISION, AS  OF  MARCH
 THIRTY-FIRST,  TWO  THOUSAND  TEN  MAY  CONTINUE TO UTILIZE THE SERVICES
 PROVIDED BY SUCH OFFICE PROVIDED THAT THE COUNTY SUBMITS A PLAN  TO  THE
 STATE  ADMINISTRATOR  WITHIN ONE HUNDRED EIGHTY DAYS AFTER THE PROMULGA-
 TION OF CRITERIA FOR THE PROVISION OF CONFLICT DEFENDER SERVICES BY  THE
 OFFICE  OF  INDIGENT  LEGAL  SERVICES.  THE AUTHORITY TO OPERATE SUCH AN
 OFFICE PURSUANT TO THIS PARAGRAPH SHALL EXPIRE WHEN THE  STATE  ADMINIS-
 TRATOR  APPROVES  OR DISAPPROVES SUCH PLAN. UPON APPROVAL, THE COUNTY IS
 AUTHORIZED TO OPERATE SUCH OFFICE IN ACCORDANCE WITH PARAGRAPHS (A)  AND
 (B) OF THIS SUBDIVISION.
   3. WHEN A COUNTY OR CITY IN WHICH A COUNTY IS WHOLLY CONTAINED HAS NOT
 PLACED  IN  OPERATION  ANY  PLAN  CONFORMING  TO THAT PRESCRIBED IN THIS
 SECTION, A JUDGE, JUSTICE OR MAGISTRATE MAY ASSIGN ANY ATTORNEY IN  SUCH
 COUNTY  OR  CITY AND, IN SUCH EVENT, SUCH ATTORNEY SHALL RECEIVE COMPEN-
 SATION AND REIMBURSEMENT FROM SUCH COUNTY OR CITY WHICH SHALL BE AT  THE
 SAME  RATE  AS  IS PRESCRIBED IN SECTION SEVEN HUNDRED TWENTY-THREE-B OF
 THIS ARTICLE.
   4. REPRESENTATION ACCORDING TO A PLAN CONTAINING A COMBINATION OF  ANY
 OF THE FOREGOING.
   §  723-B.  COMPENSATION  AND REIMBURSEMENT FOR REPRESENTATION. 1.  ALL
 COUNSEL ASSIGNED IN ACCORDANCE WITH A PLAN OF A BAR ASSOCIATION CONFORM-
 ING TO THE REQUIREMENTS OF SECTION SEVEN HUNDRED TWENTY-THREE-A OF  THIS
 ARTICLE  WHEREBY THE SERVICES OF PRIVATE COUNSEL ARE ROTATED AND COORDI-
 NATED BY AN ADMINISTRATOR SHALL AT THE CONCLUSION OF THE  REPRESENTATION
 RECEIVE:
   (A) FOR REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION PURSUANT
 TO THIS ARTICLE FOR AN EVICTION OR EJECTMENT PROCEEDING, COMPENSATION AT
 A  RATE OF SIXTY DOLLARS PER HOUR FOR TIME EXPENDED IN COURT OR BEFORE A

 S. 3418                             3
 
 MAGISTRATE, JUDGE OR JUSTICE,  AND  SIXTY  DOLLARS  PER  HOUR  FOR  TIME
 REASONABLY  EXPENDED  OUT  OF COURT, AND SHALL RECEIVE REIMBURSEMENT FOR
 EXPENSES REASONABLY INCURRED; AND
   (B) FOR REPRESENTATION OF A PERSON ENTITLED TO REPRESENTATION PURSUANT
 TO  THIS ARTICLE FOR A FORECLOSURE PROCEEDING, COMPENSATION AT A RATE OF
 SEVENTY-FIVE DOLLARS PER HOUR FOR TIME EXPENDED IN COURT BEFORE A MAGIS-
 TRATE, JUDGE OR JUSTICE AND  SEVENTY-FIVE  DOLLARS  PER  HOUR  FOR  TIME
 REASONABLY  EXPENDED  OUT  OF COURT, AND SHALL RECEIVE REIMBURSEMENT FOR
 EXPENSES REASONABLY INCURRED.
   2. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, COMPENSATION FOR TIME
 EXPENDED IN PROVIDING REPRESENTATION:
   (A) PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION SHALL
 NOT EXCEED AN AMOUNT ESTABLISHED BY THE STATE ADMINISTRATOR; AND
   (B) PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION SHALL
 NOT EXCEED FOUR THOUSAND FOUR HUNDRED DOLLARS.
   3. FOR REPRESENTATION ON AN  APPEAL,  COMPENSATION  AND  REIMBURSEMENT
 SHALL  BE  FIXED  BY  THE APPELLATE COURT. FOR ALL OTHER REPRESENTATION,
 COMPENSATION AND REIMBURSEMENT SHALL BE FIXED BY THE TRIAL COURT  JUDGE.
 IN  EXTRAORDINARY  CIRCUMSTANCES  A TRIAL OR APPELLATE COURT MAY PROVIDE
 FOR COMPENSATION IN EXCESS OF THE FOREGOING LIMITS AND  FOR  PAYMENT  OF
 COMPENSATION AND REIMBURSEMENT FOR EXPENSES BEFORE THE COMPLETION OF THE
 REPRESENTATION.
   4. EACH CLAIM FOR COMPENSATION AND REIMBURSEMENT SHALL BE SUPPORTED BY
 A  SWORN  STATEMENT  SPECIFYING  THE  TIME  EXPENDED, SERVICES RENDERED,
 EXPENSES INCURRED AND  REIMBURSEMENT  OR  COMPENSATION  APPLIED  FOR  OR
 RECEIVED  IN  THE  SAME  CASE FROM ANY OTHER SOURCE. NO COUNSEL ASSIGNED
 HEREUNDER SHALL SEEK OR ACCEPT ANY FEE FOR REPRESENTING  THE  PARTY  FOR
 WHOM HE OR SHE IS ASSIGNED WITHOUT APPROVAL OF THE COURT AS PROVIDED.
   § 723-C. SERVICES OTHER THAN COUNSEL. 1. UPON A FINDING IN AN EX PARTE
 PROCEEDING  THAT  INVESTIGATIVE,  EXPERT OR OTHER SERVICES ARE NECESSARY
 AND THAT THE ELIGIBLE INDIVIDUAL, IS FINANCIALLY UNABLE TO OBTAIN  THEM,
 THE COURT SHALL AUTHORIZE COUNSEL, WHETHER OR NOT ASSIGNED IN ACCORDANCE
 WITH  A  PLAN,  TO  OBTAIN  THE  SERVICES  ON BEHALF OF THE DEFENDANT OR
 RESPONDENT. THE COURT UPON A FINDING THAT TIMELY PROCUREMENT  OF  NECES-
 SARY  SERVICES  COULD  NOT  AWAIT  PRIOR AUTHORIZATION MAY AUTHORIZE THE
 SERVICES NUNC PRO TUNC. THE COURT  SHALL  DETERMINE  REASONABLE  COMPEN-
 SATION  FOR  THE  SERVICES AND DIRECT PAYMENT TO THE PERSON WHO RENDERED
 THEM OR TO THE PERSON ENTITLED TO REIMBURSEMENT. ONLY  IN  EXTRAORDINARY
 CIRCUMSTANCES  MAY  THE  COURT PROVIDE FOR COMPENSATION IN EXCESS OF ONE
 THOUSAND DOLLARS PER INVESTIGATIVE, EXPERT OR OTHER SERVICE PROVIDER.
   2. EACH CLAIM FOR COMPENSATION SHALL BE SUPPORTED BY A SWORN STATEMENT
 SPECIFYING THE TIME EXPENDED, SERVICES RENDERED, EXPENSES  INCURRED  AND
 REIMBURSEMENT  OR  COMPENSATION APPLIED FOR OR RECEIVED IN THE SAME CASE
 FROM ANY OTHER SOURCE.
   § 723-D. DURATION OF ASSIGNMENT. WHENEVER IT APPEARS THAT THE  DEFEND-
 ANT  OR  RESPONDENT  IS  FINANCIALLY  ABLE  TO OBTAIN COUNSEL OR TO MAKE
 PARTIAL PAYMENT FOR THE REPRESENTATION OR OTHER  SERVICES,  COUNSEL  MAY
 REPORT THIS FACT TO THE COURT AND THE COURT MAY TERMINATE THE ASSIGNMENT
 OF  COUNSEL  OR  AUTHORIZE  PAYMENT,  AS  THE  INTERESTS  OF JUSTICE MAY
 DICTATE, TO THE PUBLIC DEFENDER, PRIVATE LEGAL AID  BUREAU  OR  SOCIETY,
 PRIVATE ATTORNEY, OR OTHERWISE.
   §  723-E.  EXPENSES.  ALL  EXPENSES FOR PROVIDING COUNSEL AND SERVICES
 UNDER THIS ARTICLE APPROPRIATED BY A COUNTY OR A CITY IN WHICH A  COUNTY
 IS WHOLLY CONTAINED SHALL BE MATCHED DOLLAR FOR DOLLAR BY THE STATE.
   §  723-F.  ANNUAL  REPORTS. 1. A PUBLIC DEFENDER APPOINTED PURSUANT TO
 ARTICLE EIGHTEEN-A OF THIS CHAPTER, A PRIVATE LEGAL AID BUREAU OR SOCIE-

 S. 3418                             4
 
 TY DESIGNATED BY A COUNTY OR CITY PURSUANT TO SUBDIVISION TWO OF SECTION
 SEVEN HUNDRED TWENTY-THREE-A OF THIS ARTICLE, AND AN ADMINISTRATOR OF  A
 PLAN  OF  A  BAR  ASSOCIATION  APPOINTED  PURSUANT TO SUBDIVISION TWO OF
 SECTION SEVEN HUNDRED TWENTY-THREE-A OF THIS ARTICLE SHALL FILE AN ANNU-
 AL  REPORT WITH THE JUDICIAL CONFERENCE AT SUCH TIMES AND IN SUCH DETAIL
 AND FORM AS THE JUDICIAL CONFERENCE MAY DIRECT.
   2. (A) THE COUNTY EXECUTIVE OR CHIEF EXECUTIVE OFFICER OF EACH  COUNTY
 OR,  IN  THE  CASE OF A COUNTY WHOLLY CONTAINED WITHIN A CITY, SUCH CITY
 SHALL FILE AN ANNUAL REPORT WHICH SPECIFIES IN DETAIL AND  CERTIFIES  TO
 THE  STATE  COMPTROLLER  THE  TOTAL EXPENDITURES OF SUCH COUNTY OR CITY,
 IDENTIFYING "LOCAL FUNDS", AS DEFINED  IN  SUBDIVISION  TWO  OF  SECTION
 NINETY-EIGHT-B  OF THE STATE FINANCE LAW, STATE FUNDS, FEDERAL FUNDS AND
 FUNDS RECEIVED FROM A "PRIVATE SOURCE" AS DESCRIBED IN  SUBDIVISION  TWO
 OF  SECTION NINETY-EIGHT-B OF THE STATE FINANCE LAW, FOR PROVIDING LEGAL
 REPRESENTATION TO PERSONS WHO WERE FINANCIALLY UNABLE TO AFFORD COUNSEL,
 PURSUANT TO THIS ARTICLE.  SUCH ANNUAL REPORT SHALL BE MADE  ON  A  FORM
 DEVELOPED FOR SUCH PURPOSE BY THE STATE COMPTROLLER.
   (B)  SUCH ANNUAL REPORT, DETAILING EXPENDITURES FOR THE PERIOD JANUARY
 FIRST THROUGH DECEMBER THIRTY-FIRST OF THE PREVIOUS CALENDAR YEAR, SHALL
 BE FILED ON OR BEFORE THE FIRST DAY OF MARCH  OF  EACH  YEAR,  PROVIDED,
 HOWEVER,  THAT  THE  FIRST  REPORT  REQUIRED  BY  THIS SUBDIVISION SHALL
 CONTAIN THE REQUIRED INFORMATION, SEPARATELY STATED, FOR THE TWO PRECED-
 ING CALENDAR YEARS.
   § 2. Section 717 of the county law is amended by adding a new subdivi-
 sion 3 to read as follows:
   3. THE PUBLIC DEFENDER SHALL ALSO  REPRESENT,  WITHOUT  CHARGE,  IN  A
 PROCEEDING IN COURT IN THE COUNTY OR COUNTIES WHERE SUCH PUBLIC DEFENDER
 SERVES, ANY PERSON ENTITLED TO COUNSEL PURSUANT TO ARTICLE EIGHTEEN-C OF
 THIS  CHAPTER, WHO IS FINANCIALLY UNABLE TO OBTAIN COUNSEL. WHEN REPRES-
 ENTING SUCH PERSON, THE PUBLIC DEFENDER SHALL COUNSEL AND REPRESENT  HIM
 AT EVERY STAGE OF THE PROCEEDINGS, SHALL INITIATE SUCH PROCEEDINGS AS IN
 THE  JUDGMENT OF THE PUBLIC DEFENDER ARE NECESSARY TO PROTECT THE RIGHTS
 OF SUCH PERSON, AND MAY PROSECUTE ANY APPEAL WHEN, IN HIS  JUDGMENT  THE
 FACTS AND CIRCUMSTANCES WARRANT SUCH APPEAL.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.