NY State Senate Bill 2021-S6678C

Senate Bill S6678C

2021-2022 Legislative Session

Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 31, 2022	print number 6678c
May 31, 2022	amend (t) and recommit to housing, construction and community development
Mar 14, 2022	print number 6678b
Mar 14, 2022	amend and recommit to housing, construction and community development
Jan 05, 2022	referred to housing, construction and community development
Jul 30, 2021	print number 6678a
Jul 30, 2021	amend and recommit to housing, construction and community development
May 11, 2021	referred to housing, construction and community development

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2021-S6678 - Details

See Assembly Version of this Bill:: A7570
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
Versions Introduced in 2023-2024 Legislative Session:: S2721, A1493

2021-S6678 - Summary

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.

2021-S6678 - Sponsor Memo

                                 
BILL NUMBER: S6678

SPONSOR: MAY
 
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 judi-
ciary;

* 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.

2021-S6678 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6678
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 there  is  a fundamental human right to adequate housing accommodations.
 Safe, secure, and accessible housing is  essential  to  achieving  equal
 access to all other fundamental needs.  Without housing, individuals and
 families  too often cannot preserve family integrity, gain employment or
 other income, or enjoy  access  to  healthcare,  proper  nutrition,  and
 education.
   Legal  proceedings that can lead to eviction are generally complex and
 are governed by a large body of  procedural  and  substantive  law  that
 makes  these  proceedings  extremely  difficult  to navigate without the
 assistance of counsel. The overwhelming majority of landlords  who  seek
 to evict tenants are represented by legal counsel, while in the areas of
 New  York  State where there is no right to counsel most tenants are not
 represented by counsel.  Eviction proceedings, displacement as a  result
 of  eviction  proceedings,  and  executed evictions all have a disparate
 impact on people of color, who are respondents in  eviction  proceedings
 in  numbers that greatly exceed their proportion of the general New York
 population.  Representation of persons who face losing  their  homes  in
 legal  proceedings  makes  a  determinative  difference  in  outcome  by
 preserving homes and ensuring compliance with  laws  that,  among  other
 purposes,  protect  the  right  to  safe  and  secure living conditions,
 prohibit discrimination, regulate rents and  provide  rental  subsidies.
 Representation   of  persons  who  face  losing  their  homes  in  legal

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11311-02-1

 S. 6678                             2
 
 proceedings is essential to the fair functioning of the  justice  system
 and protects the rights to due process and equal protection of the law.
   Evictions  disrupt lives and livelihoods, force tenants to seek alter-
 native housing in a market with a severe shortage of affordable  housing
 and  significantly  increase  the  risk  of homelessness. The short- and
 long-term effects of evictions and homelessness are devastating to indi-
 viduals and families and can affect physical and mental health,  employ-
 ment,  education,  and  engagement  with  the  criminal  justice system.
 Providing legal  assistance  to  tenants  who  face  eviction  not  only
 protects  individuals  and  families  from  the  devastating  effects of
 eviction and homelessness, it saves public funds that would otherwise be
 spent on shelters and services to people  experiencing  homelessness  as
 well  as  public  expenses  for addressing the wide range of detrimental
 short- and long-term effects of eviction and homelessness.
   New York is facing an eviction crisis of unfathomable proportions  due
 to  the  COVID-19 pandemic. According to an analysis of July 15th Census
 Bureau data, almost half (46 percent) of all renting households  in  the
 state  were  not  able to pay rent and are at risk of eviction. In 2017,
 New York City adopted legislation that guarantees a right to counsel for
 tenants facing eviction.  Even though the right to counsel  in  eviction
 proceedings  in  New  York  City is still in the implementation phase, a
 study conducted by the New  York  City  Office  of  Civil  Justice  that
 analyzed data pertaining to New York City Housing Court proceedings from
 2013-2019  found  that  legal  representation in eviction matters has an
 enormously beneficial effect as shown by the following data:
   1. Evictions dropped 41 percent overall since  2013,  including  a  15
 percent drop in 2019 alone;
   2.  Eviction  filings  dropped  by  30  percent between 2013 and 2019,
 including a 20 percent drop in 2019 alone;
   3. Default judgments dropped 34 percent between 2013 and 2019;
   4. Requests by tenants to bring their cases back to the Housing  Court
 calendar  on  an  emergency basis dropped by 38 percent during that time
 period, because tenant  representation  is  ensuring  these  issues  are
 addressed at the start of the case; and
   5.  Overall,  84  percent  of  tenants who were represented by counsel
 remained in their homes.
   § 2. The real property actions  and  proceedings  law  is  amended  by
 adding a new article 7-C to read as follows:
 
                                ARTICLE 7-C
                          CIVIL RIGHT TO COUNSEL
                        IN EVICTION PROCEEDINGS ACT
 
 SECTION 800.   SHORT TITLE.
         800-A. LEGISLATIVE PURPOSE.
         800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY.
         800-C. DEFINITIONS.
         800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED.
         800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED.
         800-F. PROVISION OF LEGAL SERVICES.
         800-G. COMMUNITY ENGAGEMENT.
         800-H. PUBLIC HEARINGS.
         800-I. REPORTING.
   §  800.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT".

 S. 6678                             3
 
   § 800-A. LEGISLATIVE PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO CREATE
 A CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS IN NEW YORK STATE  THAT
 GUARANTEES  ALL  COVERED  INDIVIDUALS  ARE  PROVIDED  HIGH QUALITY LEGAL
 REPRESENTATION AT GOVERNMENT EXPENSE IN  ALL  COVERED  PROCEEDINGS.  THE
 CIVIL  RIGHT  TO  COUNSEL  FOR  PEOPLE  WHO FACE EVICTION IS INTENDED TO
 ENSURE FAIR AND BALANCED PROCEEDINGS THAT  COMPORT  WITH  THE  CONSTITU-
 TIONAL  RIGHTS TO DUE PROCESS AND EQUAL PROTECTION AND, GIVEN THE DEVAS-
 TATING CONSEQUENCES OF EVICTION, OUTWEIGH ALL  OTHER  CONSIDERATIONS  IN
 THE ADMINISTRATION OF LEGAL PROCEEDINGS THAT COULD RESULT IN EVICTION.
   §  800-B.  CONSTRUCTION;  EFFECT OF OTHER LAWS; SEVERABILITY. 1.  THIS
 ARTICLE  SHALL  BE  INTERPRETED  BROADLY  TO  EFFECTUATE  THE   PURPOSES
 DESCRIBED IN SECTION EIGHT HUNDRED-A OF THIS ARTICLE.
   2.  THIS ARTICLE SHALL NOT BE CONSTRUED TO NEGATE, ALTER, OR LIMIT ANY
 RIGHT TO COUNSEL IN ANY CIVIL OR CRIMINAL ACTION OR PROCEEDING OTHERWISE
 PROVIDED UNDER THE NEW YORK STATE CONSTITUTION OR  ANY  NEW  YORK  STATE
 STATUTE.  IN  THE  EVENT  OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS
 ARTICLE AND ANY OTHER PROVISION OF LAW, THIS ARTICLE SHALL GOVERN.
   3. IF ANY WORD,  PHRASE,  CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION,
 SECTION OR PART OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY PERSON
 OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY A COURT OF COMPETENT JURIS-
 DICTION,  SUCH  ORDER  OR  JUDGMENT  SHALL  NOT AFFECT OR INVALIDATE THE
 REMAINDER OF THIS ARTICLE, AND SHALL BE CONFINED IN ITS OPERATION TO THE
 CONTROVERSY IN WHICH IT WAS RENDERED, AND TO THE WORD,  PHRASE,  CLAUSE,
 SENTENCE,  PARAGRAPH,  SUBDIVISION,  SECTION  OR  PART  THEREOF DIRECTLY
 INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
 RENDERED.
   §  800-C. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COORDINATOR" MEANS THE CIVIL JUSTICE COORDINATOR APPOINTED  PURSU-
 ANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   2.  "COVERED  INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A RESPONDENT IN A
 COVERED PROCEEDING.
   3. "COVERED PROCEEDING"  MEANS  ANY  PROCEEDING  TO  EVICT  A  TENANT,
 INCLUDING A SUMMARY PROCEEDING TO SEEK POSSESSION FOR THE NON-PAYMENT OF
 RENT  OR A HOLDOVER, OR ANY OTHER PROCEEDING FOR TERMINATION OF TENANCY,
 OR ANY PROCEEDING THAT COULD RESULT IN AN INDIVIDUAL LOSING  SUCH  INDI-
 VIDUAL'S  HOUSING ACCOMMODATION. "COVERED PROCEEDING" SHALL INCLUDE, BUT
 NOT BE LIMITED TO PROCEEDINGS:
   (A) TO EVICT A TENANT;
   (B) INITIATED BY A TENANT TO CORRECT VIOLATIONS  OF  LAW  RELATING  TO
 HAZARDOUS HOUSING STANDARDS;
   (C)  TO TERMINATE AN ELIGIBLE INDIVIDUAL FROM PARTICIPATION IN ANY NEW
 YORK STATE, LOCALITY, OR FEDERAL HOUSING SUBSIDY PROGRAM;
   (D) INITIATED BY A TENANT IN RESPONSE TO UNLAWFUL  LANDLORD  OR  OWNER
 BEHAVIOR; AND
   (E)  ANY OTHER PROCEEDING COMMENCED AGAINST OR BY AN INDIVIDUAL THAT A
 DESIGNATED LEGAL ORGANIZATION DETERMINES IN ITS SOLE DISCRETION  CAN  BE
 REASONABLY  ANTICIPATED  TO  LEAD  TO  LOSS OF SUCH INDIVIDUAL'S HOME OR
 HOUSING ACCOMMODATION.
   4. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE
 U.S. INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO  PROVIDE  COMPREHEN-
 SIVE  AND  EFFECTIVE LEGAL SERVICES AND IS DESIGNATED BY THE COORDINATOR
 PURSUANT TO THIS ARTICLE.
   5. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A  NOT-FOR-PROFIT  ORGAN-
 IZATION  OR  ASSOCIATION  HAVING NON-PROFIT STATUS UNDER SECTION 501 (C)

 S. 6678                             4
 
 (3) OF THE U.S. INTERNAL REVENUE CODE THAT PROVIDE  COMMUNITY  EDUCATION
 AND ORGANIZATION REGARDING RIGHTS OF TENANTS.
   6.  "DESIGNATED STATEWIDE LANGUAGES" MEANS LANGUAGES DESIGNATED BY THE
 COORDINATOR PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   7. "FULL LEGAL  REPRESENTATION"  MEANS  ONGOING  LEGAL  REPRESENTATION
 PROVIDED  BY A DESIGNATED LEGAL ORGANIZATION TO A COVERED INDIVIDUAL AND
 INCLUDES ALL LEGAL ADVICE, ADVOCACY, AND ASSISTANCE ASSOCIATED WITH SUCH
 REPRESENTATION. "FULL LEGAL REPRESENTATION" SHALL INCLUDE,  BUT  NOT  BE
 LIMITED  TO:  FILING  A  NOTICE OF APPEARANCE, FILING AND PREPARATION OF
 PLEADINGS AND MOTIONS ON BEHALF OF COVERED  INDIVIDUALS,  COURT  APPEAR-
 ANCES  ON  BEHALF OF COVERED INDIVIDUALS, PRE- AND POST-TRIAL SETTLEMENT
 CONFERENCES, AND ANY OTHER ACTIVITIES NEEDED TO  PROVIDE  REPRESENTATION
 IN A COVERED PROCEEDING.
   8.  "HOUSING  ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC-
 TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR  INTENDED,
 ARRANGED  OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS
 AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD-
 ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL  ESSENTIAL  SERVICES,  PRIVI-
 LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH
 THE OCCUPATION THEREOF.
   9.  "OFFICE"  MEANS  THE NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTAB-
 LISHED PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   § 800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED.    1.
 THE CIVIL RIGHT TO FULL REPRESENTATION BY COUNSEL IN COVERED PROCEEDINGS
 FOR COVERED INDIVIDUALS IS HEREBY CREATED AND SHALL APPLY TO ALL PENDING
 COVERED  PROCEEDINGS  AT THE TIME OF THE EFFECTIVE DATE OF THIS SECTION,
 AND TO ALL COVERED PROCEEDINGS INITIATED ON OR AFTER THE EFFECTIVE  DATE
 OF THIS SECTION.
   2.  THE CIVIL RIGHT TO COUNSEL IN COVERED PROCEEDINGS SHALL APPLY TO A
 COVERED INDIVIDUAL UPON THE SERVICE OF  A  PREDICATE  NOTICE  UPON  SUCH
 INDIVIDUAL,  UPON  THE  COMMENCEMENT  OF A COVERED PROCEEDING, OR UPON A
 DETERMINATION BY A DESIGNATED LEGAL ORGANIZATION THAT A COVERED PROCEED-
 ING IS REASONABLY ANTICIPATED, WHICHEVER OCCURS EARLIER.
   § 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 1.  THERE
 IS HEREBY ESTABLISHED THE "NEW YORK STATE OFFICE OF  CIVIL  JUSTICE"  TO
 CONDUCT PLANNING AND IMPLEMENTATION OF THE PURPOSES OF THIS ARTICLE.
   2. THE OFFICE SHALL BE HEADED BY A CIVIL JUSTICE COORDINATOR WHO SHALL
 BE  APPOINTED  BY THE GOVERNOR. THE CIVIL JUSTICE COORDINATOR SHALL HAVE
 THE POWER AND DUTY TO:
   (A) CREATE AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES
 PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE;
   (B) ADVISE AND ASSIST THE GOVERNOR IN PLANNING AND IMPLEMENTING  COOR-
 DINATION  AND  COOPERATION AMONG STATE AGENCIES NECESSARY FOR THE IMPLE-
 MENTATION OF THIS ARTICLE;
   (C) PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT OF THE NEED FOR
 DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS IN
 THE STATE, AND WHETHER CURRENT DESIGNATED LEGAL ORGANIZATIONS AND DESIG-
 NATED COMMUNITY ORGANIZATIONS ARE ABLE TO  MEET  THE  NEEDS  OF  COVERED
 INDIVIDUALS;
   (D)  PROPOSE  AN  AMOUNT OF FUNDING FOR DESIGNATED LEGAL ORGANIZATIONS
 AND DESIGNATED COMMUNITY ORGANIZATIONS THAT IS SUFFICIENT TO ASSIST  ALL
 COVERED  INDIVIDUALS,  AND  TO ENABLE SUCH ORGANIZATIONS TO PROVIDE HIGH
 QUALITY ASSISTANCE AND HAVE REASONABLE WORKLOADS, DECENT WORKING  CONDI-
 TIONS, AND ADEQUATE COMPENSATION FOR THEIR STAFF;

 S. 6678                             5
 
   (E) SERVE AS LIAISON FOR THE STATE WITH DESIGNATED LEGAL ORGANIZATIONS
 AND DESIGNATED COMMUNITY ORGANIZATIONS;
   (F) PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS ARTICLE;
   (G)  PREPARE  A  LIST  OF  DESIGNATED  LANGUAGES THAT SHALL CONSIST OF
 LANGUAGES SPOKEN BY A LARGE ENOUGH POPULATION OF NEW YORK RESIDENTS THAT
 PREPARATION OF MATERIALS AND CONDUCT  OF  EDUCATION  AND  ENGAGEMENT  BY
 DESIGNATED COMMUNITY ORGANIZATIONS IN SUCH LANGUAGES IS APPROPRIATE;
   (H)  SUPPORT  OUTREACH AND EDUCATION BY DESIGNATED COMMUNITY ORGANIZA-
 TIONS, TO SPREAD AWARENESS  OF  THE  AVAILABILITY  OF  DESIGNATED  LEGAL
 ORGANIZATIONS; AND
   (I) PERFORM SUCH OTHER DUTIES AS THE GOVERNOR MAY ASSIGN.
   §  800-F. PROVISION OF LEGAL SERVICES. 1. THE COORDINATOR SHALL ESTAB-
 LISH A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES FOR COVERED  INDIVID-
 UALS IN COVERED PROCEEDINGS AND SHALL, NO LATER THAN NINETY DAYS FOLLOW-
 ING THE EFFECTIVE DATE OF THIS ARTICLE:
   (A)  ENSURE  THAT A SYSTEM IS IN PLACE TO PROVIDE ALL COVERED INDIVID-
 UALS IN THE STATE WITH COUNSEL FOR COVERED  PROCEEDINGS,  AND  THAT  ANY
 NOTICE  OF  PETITION  FOR  SUMMARY  EVICTION PROCEEDINGS COMMENCED UNDER
 ARTICLE SEVEN OF THIS CHAPTER PROVIDES NOTICE TO COVERED INDIVIDUALS  OF
 THEIR RIGHT TO COUNSEL AND HOW THEY MAY SECURE SUCH COUNSEL;
   (B)  ENSURE  THAT ALL COVERED INDIVIDUALS RECEIVE ACCESS TO FULL LEGAL
 REPRESENTATION AS  PROVIDED  UNDER  SUBDIVISION  TWO  OF  SECTION  EIGHT
 HUNDRED-D OF THIS ARTICLE; AND
   (C)  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. IN  IDENTIFYING  DESIG-
 NATED LEGAL ORGANIZATIONS, THE COORDINATOR SHALL ONLY CONSIDER PROVIDERS
 THAT  HAVE THE CAPACITY TO PROVIDE HIGH QUALITY LEGAL ASSISTANCE AND, AT
 MINIMUM, MEET THE FOLLOWING QUALIFICATIONS:
   (I) HAVE NON-PROFIT STATUS UNDER SECTION  501  (C)  (3)  OF  THE  U.S.
 INTERNAL REVENUE CODE;
   (II) MAINTAIN A PRACTICE OF FURNISHING FREE LEGAL SERVICES TO INDIVID-
 UALS WHO CANNOT AFFORD THE SERVICES OF A LICENSED LEGAL PROFESSIONAL;
   (III)  POSSESS  EXPERTISE  IN  HOUSING  LAW,  LANDLORD-TENANT  LAW, OR
 RELATED  EXPERIENCE  IN  REPRESENTING  COVERED  INDIVIDUALS  IN  COVERED
 PROCEEDINGS;
   (IV)  DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE LEGAL
 ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK;
   (V) POSSESS ADEQUATE INFRASTRUCTURE AND EXPERTISE TO PROVIDE  CONSIST-
 ENT,  HIGH  QUALITY  SUPERVISION,  OVERSIGHT,  TRAINING, EVALUATION, AND
 STRATEGIC RESPONSES TO EMERGING OR CHANGING NEEDS IN THE CLIENT COMMUNI-
 TIES SERVED; AND
   (VI) WITH SUFFICIENT FUNDING, HAVE THE CAPACITY TO MAINTAIN REASONABLE
 CASELOADS AND WORKING CONDITIONS FOR THEIR  ATTORNEYS,  PARALEGALS,  AND
 OTHER STAFF.
   2. THE COORDINATOR SHALL REQUIRE EACH DESIGNATED LEGAL ORGANIZATION TO
 IDENTIFY  THE GEOGRAPHIC AREAS FOR WHICH SUCH ORGANIZATION SHALL PROVIDE
 LEGAL SERVICES. FOR EACH SUCH GEOGRAPHIC  AREA,  THE  COORDINATOR  SHALL
 MAINTAIN A LIST OF DESIGNATED LEGAL SERVICE ORGANIZATIONS.
   3.  IN  DEVELOPING  THE PROGRAM UNDER SUBDIVISION ONE OF THIS SECTION,
 THE COORDINATOR SHALL CONSULT WITH:
   (A) TENANTS, REPRESENTATIVES FOR TENANTS, AND COMMUNITY GROUPS;
   (B) REPRESENTATIVES  OF  DESIGNATED  LEGAL  ORGANIZATIONS  AND  UNIONS
 ENGAGED IN REPRESENTING EMPLOYEES OF DESIGNATED LEGAL ORGANIZATIONS;

 S. 6678                             6
 
   (C)  REPRESENTATIVES  OF  THE  NEW YORK STATE BAR ASSOCIATION, THE NEW
 YORK CITY BAR ASSOCIATION, THE NETWORK OF BAR LEADERS, AND  OTHER  LOCAL
 BAR ASSOCIATIONS IN NEW YORK STATE; AND
   (D) REPRESENTATIVES OF THE JUDICIARY.
   4.  THE  COORDINATOR SHALL ESTIMATE ANNUALLY THE EXPENDITURES REQUIRED
 FOR EACH YEAR  OF  IMPLEMENTATION  OF  THE  PROGRAM  DESCRIBED  IN  THIS
 SECTION.  THE  ESTIMATE  OF REQUIRED EXPENDITURES SHALL BE SUFFICIENT TO
 ENABLE DESIGNATED LEGAL ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE
 AND MAINTAIN THE QUALIFICATIONS SET FORTH IN PARAGRAPH (C)  OF  SUBDIVI-
 SION  ONE OF THIS SECTION. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-
 THREE, AND NO LATER THAN JANUARY FIRST  OF  EACH  YEAR  THEREAFTER,  THE
 COORDINATOR SHALL PUBLISH A SUMMARY OF ANY CHANGES TO SUCH ESTIMATES FOR
 EXPENDITURES.
   5. THE COORDINATOR SHALL ANNUALLY REVIEW THE PERFORMANCE OF DESIGNATED
 LEGAL ORGANIZATIONS.
   §  800-G.  COMMUNITY ENGAGEMENT. 1. THE COORDINATOR SHALL IDENTIFY ONE
 OR MORE DESIGNATED COMMUNITY ORGANIZATIONS CAPABLE OF PROVIDING COMMUNI-
 TY EDUCATION  AND  ORGANIZATION.  IN  IDENTIFYING  DESIGNATED  COMMUNITY
 ORGANIZATIONS,  THE  COORDINATOR  SHALL ONLY CONSIDER ORGANIZATIONS THAT
 HAVE THE CAPACITY TO PROVIDE HIGH QUALITY ASSISTANCE AND SHALL, AT MINI-
 MUM, MEET THE FOLLOWING QUALIFICATIONS:
   (A) HAVE NON-PROFIT STATUS UNDER SECTION  501  (C)  (3)  OF  THE  U.S.
 INTERNAL REVENUE CODE;
   (B) MAINTAIN A PRACTICE OF FURNISHING FREE SERVICES;
   (C) POSSESS EXPERTISE AND EXPERIENCE IN COMMUNITY EDUCATION AND ORGAN-
 IZATION, AND TIES TO THE COMMUNITIES THEY SERVE;
   (D) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE HOUSING
 ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK;
   (E)  POSSESS  ADEQUATE  EXPERTISE  TO PROVIDE CONSISTENT, HIGH QUALITY
 SUPERVISION, OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSE  TO
 EMERGING OR CHANGING NEEDS IN THE COMMUNITIES SERVED; AND
   (F)  MAINTAIN  REASONABLE  WORKLOADS  AND WORKING CONDITIONS FOR THEIR
 STAFF.
   2. WITH THE SUPPORT OF THE COORDINATOR AND  ADEQUATE  FUNDING,  DESIG-
 NATED  COMMUNITY  ORGANIZATIONS  SHALL  BE  RESPONSIBLE FOR ENGAGING AND
 EDUCATING TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS, INCLUDING BUT
 NOT LIMITED TO: HOSTING  TRAININGS  AND  OTHER  WORKSHOPS  FOR  TENANTS;
 DISTRIBUTING  WRITTEN INFORMATION TO TENANTS; ASSISTING TENANTS IN FORM-
 ING AND MAINTAINING TENANT ASSOCIATIONS; REFERRING TENANTS TO DESIGNATED
 LEGAL ORGANIZATIONS; AND OTHER ACTIVITIES TO ENGAGE, EDUCATE, OR  INFORM
 TENANTS  OF  THEIR RIGHTS IN EVICTION PROCEEDINGS. ENGAGEMENT AND EDUCA-
 TION SHALL BE PROVIDED IN DESIGNATED STATEWIDE LANGUAGES.
   § 800-H. PUBLIC  HEARINGS.  1.  FOLLOWING  THE  ESTABLISHMENT  OF  THE
 PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE,
 ONCE  EACH  YEAR  THE  COORDINATOR  SHALL HOLD A PUBLIC HEARING FOR EACH
 JUDICIAL DEPARTMENT TO RECEIVE RECOMMENDATIONS AND FEEDBACK  ABOUT  SUCH
 PROGRAM.
   2. SUCH HEARING SHALL BE OPEN TO THE PUBLIC, AND THE COORDINATOR SHALL
 PROVIDE  NOTICE  OF  SUCH  HEARING, NO LESS THAN THIRTY DAYS BEFORE SUCH
 HEARING, BY:
   (A) POSTING IN THE  DESIGNATED  STATEWIDE  LANGUAGES  IN  THE  HOUSING
 COURTS AND OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD;
   (B) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN PUBLIC OFFICES OF
 COUNTY SOCIAL SERVICES/HUMAN RESOURCES DEPARTMENTS; AND
   (C)  PUBLICIZING  THROUGH  LOCAL  MEDIA  AND  TO EACH DESIGNATED LEGAL
 ORGANIZATION, EACH  DESIGNATED  COMMUNITY  ORGANIZATION,  LOCAL  ELECTED

 S. 6678                             7
 
 OFFICIALS, THE SUPERVISING JUDGES OF THE HOUSING COURTS, OTHER FORUMS IN
 WHICH EVICTION PROCEEDINGS ARE HELD, AND COMMUNITY-BASED ORGANIZATIONS.
   3. AT SUCH HEARINGS, WRITTEN AND ORAL TESTIMONY MAY BE PROVIDED.
   4.  THE  COORDINATOR  SHALL  CAUSE A TRANSCRIPT OF SUCH HEARINGS TO BE
 PRODUCED AND SHALL POST SUCH TRANSCRIPT ONLINE NO LATER THAN  FORTY-FIVE
 DAYS AFTER A HEARING.
   § 800-I. REPORTING. 1. THE COORDINATOR SHALL 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,  PREPARED  BY  A
 CERTIFIED  PUBLIC  ACCOUNTANT  LICENSED  IN  THE  STATE  OF NEW YORK AND
 CARRIED OUT IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS.
   2. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND  JANUARY
 FIRST  OF  EVERY  OTHER YEAR THEREAFTER, THE COORDINATOR SHALL SUBMIT TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER  OF
 THE  ASSEMBLY,  AND  POST  ONLINE,  A  REVIEW OF THE PROGRAM ESTABLISHED
 PURSUANT TO SECTION EIGHT HUNDRED-F  OF  THIS  ARTICLE  AND  INFORMATION
 REGARDING  SUCH PROGRAM'S IMPLEMENTATION, TO THE EXTENT SUCH INFORMATION
 IS AVAILABLE, INCLUDING, BUT NOT LIMITED TO:
   (A) THE ESTIMATED NUMBER OF COVERED INDIVIDUALS IN THE STATE;
   (B)  THE  NUMBER  OF  COVERED  INDIVIDUALS  WHO  HAVE  RECEIVED  LEGAL
 SERVICES,  DISAGGREGATED  BY THE FOLLOWING CHARACTERISTICS OF SUCH INDI-
 VIDUALS:
   (I) GENDER, RACE, ETHNICITY, AND AGE;
   (II) COUNTY AND POSTAL CODE OF RESIDENCE;
   (III) HOUSEHOLD SIZE;
   (IV) ESTIMATED LENGTH OF TENANCY;
   (V) APPROXIMATE HOUSEHOLD INCOME;
   (VI) RECEIPT OF ONGOING PUBLIC  ASSISTANCE  AT  THE  TIME  SUCH  LEGAL
 SERVICES WERE INITIATED;
   (VII) TENANCY IN RENT-REGULATED HOUSING; AND
   (VIII) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL,
 STATE OR LOCAL RENTAL SUBSIDY PROGRAM;
   (C) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE;
   (D) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN
 WHICH  SUCH  ORGANIZATIONS  PROVIDE  SERVICES, AND THE AMOUNT OF FUNDING
 PROVIDED TO EACH;
   (E) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL  REPRE-
 SENTATION,  AS  APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO,
 THE NUMBER OF:
   (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE;
   (II) JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR  RESI-
 DENCE; AND
   (III)  INSTANCES  WHERE  AN ATTORNEY REPRESENTING A COVERED INDIVIDUAL
 WAS DISCHARGED OR WITHDREW;
   (F) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS;
   (G) RESIDENTIAL EVICTIONS CONDUCTED  BY  SHERIFFS  OR  CITY  MARSHALS,
 DISAGGREGATED BY COUNTY;
   (H)  A  LIST  OF  DESIGNATED  COMMUNITY  ORGANIZATIONS, THE GEOGRAPHIC
 REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE  AMOUNT  OF
 FUNDING PROVIDED TO EACH;
   (I)  THE  NUMBER  OF  BUILDINGS  IN  WHICH OUTREACH WAS CONDUCTED, THE
 NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH  WORKSHOPS,
 THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION
 501 (C) (3) OF THE U.S.  INTERNAL REVENUE CODE, AND THE NUMBER OF TRAIN-
 INGS OFFERED; AND

 S. 6678                             8
 
   (J) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR
 ANY FUTURE PROGRAMMATIC IMPROVEMENTS.
   §  3.  Section 701 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. ANY COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED  BY  SECTION
 EIGHT  HUNDRED-C  OF  THIS CHAPTER, SHALL NOTIFY ALL RESPONDENTS BY MAIL
 UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE TRIAL,  OF
 SUCH RESPONDENT'S CIVIL RIGHT TO COUNSEL IN AN EVICTION PROCEEDING UNDER
 ARTICLE SEVEN-C OF THIS CHAPTER.
   §  4. Subdivisions 1 and 2 of section 711 of the real property actions
 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
 of 1963 and subdivision 2 as amended by section 12 of part M of  chapter
 36 of the laws of 2019, are amended to read as follows:
   1.  The  tenant continues in possession of any portion of the premises
 after the expiration of his term, without the permission of the landlord
 or, in a case where a new lessee is entitled to possession, without  the
 permission  of  the new lessee. Acceptance of rent after commencement of
 the special  proceeding  upon  this  ground  shall  not  terminate  such
 proceeding  nor effect any award of possession to the landlord or to the
 new lessee, as  the  case  may  be.  A  proceeding  seeking  to  recover
 possession  of  real  property  by reason of the termination of the term
 fixed in the lease pursuant to a provision contained therein giving  the
 landlord  the right to terminate the time fixed for occupancy under such
 agreement if he deem the tenant objectionable, shall not be maintainable
 unless the landlord shall by competent evidence establish to the  satis-
 faction  of  the  court that the tenant is objectionable.  NO PROCEEDING
 SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY  PETITION
 TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE PETITIONER OR AN AGENT
 OF  THE  PETITIONER HAS FILED AN AFFIDAVIT ATTESTING THAT THE PETITIONER
 OR THE PETITIONER'S AGENT  HAS  PROVIDED  THE  RESPONDENT  WITH  WRITTEN
 NOTICE,  IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE, OF
 SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE
 SEVEN-C OF THIS CHAPTER.
   2. The tenant has defaulted in the payment of rent,  pursuant  to  the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,
 has  been served upon him as prescribed in section seven hundred thirty-
 five of this article. NO PROCEEDING SHALL BE MAINTAINED,  AND  NO  COURT
 SHALL  ACCEPT FILING FOR ANY PETITION FOR NON-PAYMENT OF RENT UNLESS THE
 WRITTEN DEMAND FOR RENT REQUIRED BY THIS SECTION CONTAINS  A  NOTICE  OF
 THE  RESPONDENT'S  CIVIL  RIGHT  TO  COUNSEL IN EVICTION PROCEEDINGS, AS
 REQUIRED BY SUBDIVISION SIX OF SECTION SEVEN HUNDRED FORTY-ONE  OF  THIS
 ARTICLE.  Any  person succeeding to the landlord's interest in the prem-
 ises may proceed under this subdivision for rent due his predecessor  in
 interest  if he has a right thereto. Where a tenant dies during the term
 of the lease and rent due has not been paid and the apartment  is  occu-
 pied  by  a  person  with  a  claim  to  possession, a proceeding may be
 commenced naming the occupants of the  apartment  seeking  a  possessory
 judgment  only  as against the estate. Entry of such a judgment shall be
 without prejudice to the possessory claims of  the  occupants,  and  any
 warrant issued shall not be effective as against the occupants.
   §  5.  Section 713 of the real property actions and proceedings law is
 amended by adding a new subdivision 12 to read as follows:
   12. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL  ACCEPT  FOR
 FILING,  ANY  PETITION TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE

 S. 6678                             9
 
 PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDAVIT  ATTEST-
 ING  THAT  THE  PETITIONER  OR  THE  PETITIONER'S AGENT HAS PROVIDED THE
 RESPONDENT WITH WRITTEN NOTICE,  IN  THE  NOTICE  OF  PETITION  AND  ANY
 REQUIRED  PREDICATE  NOTICE,  OF  SUCH  RESPONDENT'S RIGHT TO COUNSEL IN
 EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER.
   § 6. Section 741 of the real property actions and proceedings  law  is
 amended by adding three new subdivisions 6, 7 and 8 to read as follows:
   6.  NOTIFY THE RESPONDENT OF THE EXISTENCE OF THE CIVIL RIGHT TO COUN-
 SEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS  CHAPTER,  AND
 SHALL  PROVIDE  A PHONE NUMBER, WEBSITE ADDRESS AND OTHER INFORMATION TO
 ASSIST THE RESPONDENT IN SECURING COUNSEL.
   7. STATE THE RIGHT TO  AN  ADJOURNMENT  OF  THE  PROCEEDINGS  UNTIL  A
 COVERED  INDIVIDUAL, AS DEFINED IN SECTION EIGHT HUNDRED-C OF THIS CHAP-
 TER, IS ABLE TO RETAIN AND CONSULT WITH COUNSEL.
   8. STATE THAT ANY AND ALL PREDICATE NOTICES SERVED UPON THE RESPONDENT
 INCLUDED NOTICE OF THE CIVIL RIGHT TO COUNSEL  IN  EVICTION  PROCEEDINGS
 UNDER  ARTICLE  SEVEN-C  OF  THIS  CHAPTER, AND PROVIDED A PHONE NUMBER,
 WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECUR-
 ING COUNSEL.
   § 7. Section 745 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  WHERE  A  RESPONDENT  WHO  IS  A  COVERED INDIVIDUAL UNDER ARTICLE
 SEVEN-C OF THIS CHAPTER APPEARS IN  COURT  WITHOUT  COUNSEL,  THE  COURT
 SHALL  NOTIFY  SUCH  RESPONDENT  ORALLY OF THE CIVIL RIGHT TO COUNSEL IN
 EVICTION PROCEEDINGS ESTABLISHED BY ARTICLE SEVEN-C OF THIS CHAPTER, AND
 IF SUCH RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL
 AND PROVIDE SUFFICIENT TIME, NOT  LESS  THAN  FOURTEEN  DAYS,  FOR  SUCH
 RESPONDENT  TO  RETAIN  AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER
 ADJOURNMENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO
 OBTAIN COUNSEL.
   § 8. Subdivisions 1 and 3 of section 749 of the real property  actions
 and proceedings law, as amended by section 19 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   1.  Upon  rendering  a  final judgment for petitioner, the court shall
 issue a warrant directed to the sheriff of the county or to any  consta-
 ble  or marshal of the city in which the property, or a portion thereof,
 is situated, or, if it is not situated in a city, to  any  constable  of
 any  town  in  the county, describing the property, stating the earliest
 date upon which execution may occur pursuant to the order of the  court,
 and  commanding  the officer to remove all persons named in the proceed-
 ing, provided upon a showing of good cause, the court may issue  a  stay
 of  re-letting  or renovation of the premises for a reasonable period of
 time. HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE  ISSUANCE
 OF  A  WARRANT  OF  EVICTION  AGAINST A RESPONDENT WHO HAS DEFAULTED, OR
 AUTHORIZE THE EXECUTION OF AN EVICTION PURSUANT TO A  DEFAULT  JUDGMENT,
 UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDA-
 VIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED
 THE  RESPONDENT  WITH  WRITTEN NOTICE OF THE RESPONDENT'S CIVIL RIGHT TO
 COUNSEL IN EVICTION PROCEEDINGS IN THE NOTICE OF  PETITION  AND  IN  ANY
 PREDICATE  NOTICE  AS  REQUIRED  BY SECTIONS SEVEN HUNDRED ELEVEN, SEVEN
 HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE.
   3. Nothing contained herein shall deprive the court of  the  power  to
 stay  or vacate such warrant for good cause shown prior to the execution
 thereof, or to restore the tenant to possession subsequent to  execution
 of  the  warrant.  THE  FAILURE OF THE COURT OR THE PETITIONER TO COMPLY
 WITH THE CIVIL RIGHT TO COUNSEL  IN  EVICTION  PROCEEDINGS  PURSUANT  TO

 S. 6678                            10
 
 ARTICLE  SEVEN-C  OF  THIS CHAPTER SHALL CONSTITUTE GOOD CAUSE TO VACATE
 SUCH WARRANT. In a judgment for non-payment of  rent,  the  court  shall
 vacate  a warrant upon tender or deposit with the court of the full rent
 due  at  any  time  prior to its execution, unless the petitioner estab-
 lishes that the tenant withheld the rent due in bad faith.    Petitioner
 may  recover  by  action  any sum of money which was payable at the time
 when the special proceeding was commenced and the  reasonable  value  of
 the  use and occupation to the time when the warrant was issued, for any
 period of time with respect to which the agreement  does  not  make  any
 provision for payment of rent.
   § 9. The real property law is amended by adding a new section 235-i to
 read as follows:
   §  235-I.  LEASE  PROVISIONS  WAIVING  RIGHT  TO  COUNSEL  VOID.   ANY
 PROVISION OF A LEASE OR CONTRACT WAIVING OR LIMITING THE RIGHT TO  COUN-
 SEL  IN  EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY
 ACTIONS AND PROCEEDINGS LAW SHALL BE VOID.
   § 10. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S6678A - Details

See Assembly Version of this Bill:: A7570
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
Versions Introduced in 2023-2024 Legislative Session:: S2721, A1493

2021-S6678A - Summary

2021-S6678A - Sponsor Memo

                                
 
BILL NUMBER: S6678A

SPONSOR: MAY
 
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;ò


* 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.

2021-S6678A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6678--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by Sens. MAY, GIANARIS, RAMOS, RIVERA, SALAZAR, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee  on  Housing, Construction and Community Development --
   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:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 there  is  a fundamental human right to adequate housing accommodations.
 Safe, secure, and accessible housing is  essential  to  achieving  equal
 access to all other fundamental needs.  Without housing, individuals and
 families  too often cannot preserve family integrity, gain employment or
 other income, or enjoy  access  to  healthcare,  proper  nutrition,  and
 education.
   Legal  proceedings that can lead to eviction are generally complex and
 are governed by a large body of  procedural  and  substantive  law  that
 makes  these  proceedings  extremely  difficult  to navigate without the
 assistance of counsel. The overwhelming majority of landlords  who  seek
 to evict tenants are represented by legal counsel, while in the areas of
 New  York  State where there is no right to counsel most tenants are not
 represented by counsel.  Eviction proceedings, displacement as a  result
 of  eviction  proceedings,  and  executed evictions all have a disparate
 impact on people of color, who are respondents in  eviction  proceedings
 in  numbers that greatly exceed their proportion of the general New York
 population.  Representation of persons who face losing  their  homes  in
 legal  proceedings  makes  a  determinative  difference  in  outcome  by
 preserving homes and ensuring compliance with  laws  that,  among  other
 purposes,  protect  the  right  to  safe  and  secure living conditions,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11311-03-1

 S. 6678--A                          2
 
 prohibit discrimination, regulate rents and  provide  rental  subsidies.
 Representation   of  persons  who  face  losing  their  homes  in  legal
 proceedings is essential to the fair functioning of the  justice  system
 and protects the rights to due process and equal protection of the law.
   Evictions  disrupt lives and livelihoods, force tenants to seek alter-
 native housing in a market with a severe shortage of affordable  housing
 and  significantly  increase  the  risk  of homelessness. The short- and
 long-term effects of evictions and homelessness are devastating to indi-
 viduals and families and can affect physical and mental health,  employ-
 ment,  education,  and  engagement  with  the  criminal  justice system.
 Providing legal  assistance  to  tenants  who  face  eviction  not  only
 protects  individuals  and  families  from  the  devastating  effects of
 eviction and homelessness, it saves public funds that would otherwise be
 spent on shelters and services to people  experiencing  homelessness  as
 well  as  public  expenses  for addressing the wide range of detrimental
 short- and long-term effects of eviction and homelessness.
   New York is facing an eviction crisis of unfathomable proportions  due
 to  the  COVID-19 pandemic. According to an analysis of July 15th Census
 Bureau data, almost half (46 percent) of all renting households  in  the
 state  were  not  able to pay rent and are at risk of eviction. In 2017,
 New York City adopted legislation that guarantees a right to counsel for
 tenants facing eviction.  Even though the right to counsel  in  eviction
 proceedings  in  New  York  City is still in the implementation phase, a
 study conducted by the New  York  City  Office  of  Civil  Justice  that
 analyzed data pertaining to New York City Housing Court proceedings from
 2013-2019  found  that  legal  representation in eviction matters has an
 enormously beneficial effect as shown by the following data:
   1. Evictions dropped 41 percent overall since  2013,  including  a  15
 percent drop in 2019 alone;
   2.  Eviction  filings  dropped  by  30  percent between 2013 and 2019,
 including a 20 percent drop in 2019 alone;
   3. Default judgments dropped 34 percent between 2013 and 2019;
   4. Requests by tenants to bring their cases back to the Housing  Court
 calendar  on  an  emergency basis dropped by 38 percent during that time
 period, because tenant  representation  is  ensuring  these  issues  are
 addressed at the start of the case; and
   5.  Overall,  84  percent  of  tenants who were represented by counsel
 remained in their homes.
   § 2. The real property actions  and  proceedings  law  is  amended  by
 adding a new article 7-C to read as follows:
                                ARTICLE 7-C
                          CIVIL RIGHT TO COUNSEL
                        IN EVICTION PROCEEDINGS ACT
 SECTION 800.   SHORT TITLE.
         800-A. LEGISLATIVE PURPOSE.
         800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY.
         800-C. DEFINITIONS.
         800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED.
         800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED.
         800-F. PROVISION OF LEGAL SERVICES.
         800-G. COMMUNITY ENGAGEMENT.
         800-H. PUBLIC HEARINGS.
         800-I. REPORTING.
   §  800.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT".

 S. 6678--A                          3
 
   § 800-A. LEGISLATIVE PURPOSE. 1. CIVIL RIGHT TO COUNSEL.  THE  PURPOSE
 OF  THIS  ARTICLE  IS  TO  CREATE  A  CIVIL RIGHT TO COUNSEL IN EVICTION
 PROCEEDINGS IN NEW YORK STATE THAT GUARANTEES  ALL  COVERED  INDIVIDUALS
 ARE  PROVIDED HIGH QUALITY LEGAL REPRESENTATION AT GOVERNMENT EXPENSE IN
 ALL  COVERED PROCEEDINGS. THE CIVIL RIGHT TO COUNSEL FOR PEOPLE WHO FACE
 EVICTION IS INTENDED  TO  ENSURE  FAIR  AND  BALANCED  PROCEEDINGS  THAT
 COMPORT  WITH  THE  CONSTITUTIONAL  RIGHTS  TO  DUE  PROCESS  AND  EQUAL
 PROTECTION AND, GIVEN THE DEVASTATING CONSEQUENCES OF EVICTION, OUTWEIGH
 ALL OTHER CONSIDERATIONS IN THE ADMINISTRATION OF LEGAL PROCEEDINGS THAT
 COULD RESULT IN EVICTION.
   2. NEW YORK CONSTITUTIONAL SOURCE OF THE  RIGHT.  THE  SOURCE  OF  THE
 RIGHT  EXISTS  IN SECTION ONE OF ARTICLE SEVENTEEN OF THE NEW YORK STATE
 CONSTITUTION, WHICH PROVIDES THAT THE AID, CARE AND SUPPORT OF THE NEEDY
 ARE PUBLIC CONCERNS AND SHALL BE PROVIDED BY THE STATE AND  BY  SUCH  OF
 ITS  SUBDIVISIONS, AND IN SUCH MANNER AND BY SUCH MEANS, AS THE LEGISLA-
 TURE MAY FROM TIME TO TIME DETERMINE. FURTHER, SECTION THREE OF  ARTICLE
 SEVENTEEN   OF  THE  NEW  YORK  STATE  CONSTITUTION  PROVIDES  THAT  THE
 PROTECTION AND PROMOTION OF THE HEALTH OF THE INHABITANTS OF  THE  STATE
 ARE  MATTERS  OF PUBLIC CONCERN AND PROVISIONS THEREFOR SHALL BE MADE BY
 THE STATE AND BY SUCH OF ITS SUBDIVISIONS AND IN  SUCH  MANNER,  AND  BY
 SUCH MEANS AS THE LEGISLATURE SHALL FROM TIME TO TIME DETERMINE.
   §  800-B.  CONSTRUCTION;  EFFECT OF OTHER LAWS; SEVERABILITY. 1.  THIS
 ARTICLE  SHALL  BE  INTERPRETED  BROADLY  TO  EFFECTUATE  THE   PURPOSES
 DESCRIBED IN SECTION EIGHT HUNDRED-A OF THIS ARTICLE.
   2.  THIS ARTICLE SHALL NOT BE CONSTRUED TO NEGATE, ALTER, OR LIMIT ANY
 RIGHT TO COUNSEL IN ANY CIVIL OR CRIMINAL ACTION OR PROCEEDING OTHERWISE
 PROVIDED UNDER THE NEW YORK STATE CONSTITUTION OR  ANY  NEW  YORK  STATE
 STATUTE.  IN  THE  EVENT  OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS
 ARTICLE AND ANY OTHER PROVISION OF LAW, THIS ARTICLE SHALL GOVERN.
   3. IF ANY WORD,  PHRASE,  CLAUSE,  SENTENCE,  PARAGRAPH,  SUBDIVISION,
 SECTION OR PART OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY PERSON
 OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY A COURT OF COMPETENT JURIS-
 DICTION,  SUCH  ORDER  OR  JUDGMENT  SHALL  NOT AFFECT OR INVALIDATE THE
 REMAINDER OF THIS ARTICLE, AND SHALL BE CONFINED IN ITS OPERATION TO THE
 CONTROVERSY IN WHICH IT WAS RENDERED, AND TO THE WORD,  PHRASE,  CLAUSE,
 SENTENCE,  PARAGRAPH,  SUBDIVISION,  SECTION  OR  PART  THEREOF DIRECTLY
 INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
 RENDERED.
   §  800-C. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COORDINATOR" MEANS THE CIVIL JUSTICE COORDINATOR APPOINTED  PURSU-
 ANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   2.  "COVERED  INDIVIDUAL" MEANS AN INDIVIDUAL WHO RESIDES IN A HOUSING
 ACCOMMODATION AND IS AT RISK  OF  LOSING  THEIR  HOUSING  OR  REASONABLY
 ANTICIPATED TO BE AT RISK OF LOSING THEIR HOUSING.
   3.  "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT A COVERED INDI-
 VIDUAL, INCLUDING A SUMMARY PROCEEDING TO SEEK POSSESSION FOR  THE  NON-
 PAYMENT  OF  RENT OR A HOLDOVER, OR ANY OTHER PROCEEDING FOR TERMINATION
 OF TENANCY, OR ANY PROCEEDING THAT COULD RESULT IN AN INDIVIDUAL  LOSING
 SUCH  INDIVIDUAL'S  HOUSING  ACCOMMODATION.  "COVERED  PROCEEDING" SHALL
 INCLUDE, BUT NOT BE LIMITED TO PROCEEDINGS:
   (A) TO EVICT A COVERED INDIVIDUAL, AND SUCH PROCEEDINGS ARE COVERED AS
 SOON AS AN OWNER OR MANAGING AGENT SERVES A PREDICATE NOTICE TERMINATING
 A TENANCY, DEMANDING RENT OR ANY OTHER WRITING INDICATING AN  INTENT  TO
 INITIATE A COVERED PROCEEDING;

 S. 6678--A                          4

   (B)  INITIATED  BY  A  COVERED INDIVIDUAL TO CORRECT VIOLATIONS OF LAW
 RELATING TO HAZARDOUS HOUSING STANDARDS;
   (C)  TO TERMINATE AN ELIGIBLE INDIVIDUAL FROM PARTICIPATION IN ANY NEW
 YORK STATE, LOCALITY, OR FEDERAL HOUSING SUBSIDY PROGRAM;
   (D) INITIATED BY A COVERED INDIVIDUAL IN RESPONSE TO UNLAWFUL LANDLORD
 OR OWNER BEHAVIOR;
   (E) OWNER OR LANDLORD INITIATED APPEALS  OR  APPEALS  INITIATED  BY  A
 COVERED INDIVIDUAL UPON AN ADVERSE RULING; AND
   (F)  ANY OTHER PROCEEDING COMMENCED AGAINST OR BY AN INDIVIDUAL THAT A
 DESIGNATED LEGAL ORGANIZATION DETERMINES IN ITS SOLE DISCRETION  CAN  BE
 REASONABLY  ANTICIPATED  TO  LEAD  TO  LOSS OF SUCH INDIVIDUAL'S HOME OR
 HOUSING ACCOMMODATION.
   4. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE
 U.S. INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO  PROVIDE  COMPREHEN-
 SIVE  AND  EFFECTIVE LEGAL SERVICES AND IS DESIGNATED BY THE COORDINATOR
 PURSUANT TO THIS ARTICLE.
   5. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A  NOT-FOR-PROFIT  ORGAN-
 IZATION  OR  ASSOCIATION  HAVING NON-PROFIT STATUS UNDER SECTION 501 (C)
 (3) OF THE U.S. INTERNAL REVENUE CODE THAT PROVIDE  COMMUNITY  EDUCATION
 AND ORGANIZATION REGARDING RIGHTS OF TENANTS.
   6.  "DESIGNATED STATEWIDE LANGUAGES" MEANS LANGUAGES DESIGNATED BY THE
 COORDINATOR PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   7. "FULL LEGAL  REPRESENTATION"  MEANS  ONGOING  LEGAL  REPRESENTATION
 PROVIDED  BY A DESIGNATED LEGAL ORGANIZATION TO A COVERED INDIVIDUAL AND
 INCLUDES ALL LEGAL ADVICE, ADVOCACY, AND ASSISTANCE ASSOCIATED WITH SUCH
 REPRESENTATION. "FULL LEGAL REPRESENTATION" SHALL INCLUDE,  BUT  NOT  BE
 LIMITED  TO:  FILING  A  NOTICE OF APPEARANCE, FILING AND PREPARATION OF
 PLEADINGS AND MOTIONS ON BEHALF OF COVERED  INDIVIDUALS,  COURT  APPEAR-
 ANCES  ON  BEHALF OF COVERED INDIVIDUALS, PRE- AND POST-TRIAL SETTLEMENT
 CONFERENCES, AND ANY OTHER ACTIVITIES  NEEDED  TO  PROVIDE  ZEALOUS  AND
 EFFECTIVE REPRESENTATION IN A COVERED PROCEEDING.
   8.  "HOUSING  ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC-
 TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR  INTENDED,
 ARRANGED  OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS
 AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD-
 ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL  ESSENTIAL  SERVICES,  PRIVI-
 LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH
 THE OCCUPATION THEREOF.
   9.  "OFFICE"  MEANS  THE NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTAB-
 LISHED PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   10. "EVICTION PROCEEDING" MEANS A COVERED PROCEEDING.
   § 800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED.    1.
 THE CIVIL RIGHT TO FULL REPRESENTATION BY COUNSEL IN COVERED PROCEEDINGS
 FOR COVERED INDIVIDUALS IS HEREBY CREATED AND SHALL APPLY TO ALL PENDING
 COVERED  PROCEEDINGS  AT THE TIME OF THE EFFECTIVE DATE OF THIS SECTION,
 AND TO ALL COVERED PROCEEDINGS INITIATED ON OR AFTER THE EFFECTIVE  DATE
 OF THIS SECTION.
   2.  THE CIVIL RIGHT TO COUNSEL IN COVERED PROCEEDINGS SHALL APPLY TO A
 COVERED INDIVIDUAL UPON THE SERVICE OF  A  PREDICATE  NOTICE  UPON  SUCH
 INDIVIDUAL,  UPON  THE  COMMENCEMENT  OF A COVERED PROCEEDING, OR UPON A
 DETERMINATION BY A DESIGNATED LEGAL ORGANIZATION THAT A COVERED PROCEED-
 ING IS REASONABLY ANTICIPATED, WHICHEVER OCCURS EARLIER.
   § 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 1.  THERE
 IS HEREBY ESTABLISHED THE "NEW YORK STATE OFFICE OF  CIVIL  JUSTICE"  TO
 CONDUCT PLANNING AND IMPLEMENTATION OF THE PURPOSES OF THIS ARTICLE.

 S. 6678--A                          5
 
   2. THE OFFICE SHALL BE HEADED BY A CIVIL JUSTICE COORDINATOR WHO SHALL
 BE  APPOINTED  BY THE GOVERNOR. THE CIVIL JUSTICE COORDINATOR SHALL HAVE
 THE POWER AND DUTY TO:
   (A) CREATE AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES
 PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE;
   (B)  ADVISE AND ASSIST THE GOVERNOR IN PLANNING AND IMPLEMENTING COOR-
 DINATION AND COOPERATION AMONG STATE AGENCIES NECESSARY FOR  THE  IMPLE-
 MENTATION OF THIS ARTICLE;
   (C) PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT OF THE NEED FOR
 DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS IN
 THE STATE, AND WHETHER CURRENT DESIGNATED LEGAL ORGANIZATIONS AND DESIG-
 NATED  COMMUNITY  ORGANIZATIONS  ARE  ABLE  TO MEET THE NEEDS OF COVERED
 INDIVIDUALS;
   (D) PROPOSE AN AMOUNT OF FUNDING FOR  DESIGNATED  LEGAL  ORGANIZATIONS
 AND  DESIGNATED COMMUNITY ORGANIZATIONS THAT IS SUFFICIENT TO ASSIST ALL
 COVERED INDIVIDUALS, AND TO ENABLE SUCH ORGANIZATIONS  TO  PROVIDE  HIGH
 QUALITY  ASSISTANCE AND HAVE REASONABLE WORKLOADS, DECENT WORKING CONDI-
 TIONS, AND ADEQUATE COMPENSATION FOR THEIR STAFF;
   (E) SERVE AS LIAISON FOR THE STATE WITH DESIGNATED LEGAL ORGANIZATIONS
 AND DESIGNATED COMMUNITY ORGANIZATIONS;
   (F) PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS ARTICLE;
   (G) PREPARE A LIST OF  DESIGNATED  LANGUAGES  THAT  SHALL  CONSIST  OF
 LANGUAGES SPOKEN BY A LARGE ENOUGH POPULATION OF NEW YORK RESIDENTS THAT
 PREPARATION  OF  MATERIALS  AND  CONDUCT  OF EDUCATION AND ENGAGEMENT BY
 DESIGNATED COMMUNITY ORGANIZATIONS IN SUCH LANGUAGES IS APPROPRIATE;
   (H) SUPPORT OUTREACH AND EDUCATION BY DESIGNATED  COMMUNITY  ORGANIZA-
 TIONS,  TO  SPREAD  AWARENESS  OF  THE  AVAILABILITY OF DESIGNATED LEGAL
 ORGANIZATIONS; AND
   (I) PERFORM SUCH OTHER DUTIES AS THE GOVERNOR MAY ASSIGN.
   § 800-F. PROVISION OF LEGAL SERVICES. 1. THE COORDINATOR SHALL  ESTAB-
 LISH  A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES FOR COVERED INDIVID-
 UALS IN COVERED PROCEEDINGS AND SHALL, NO LATER THAN NINETY DAYS FOLLOW-
 ING THE EFFECTIVE DATE OF THIS ARTICLE:
   (A) ENSURE THAT A SYSTEM IS IN PLACE TO PROVIDE ALL  COVERED  INDIVID-
 UALS  IN  THE  STATE  WITH COUNSEL FOR COVERED PROCEEDINGS, AND THAT ANY
 NOTICE OF PETITION FOR  SUMMARY  EVICTION  PROCEEDINGS  COMMENCED  UNDER
 ARTICLE  SEVEN OF THIS CHAPTER PROVIDES NOTICE TO COVERED INDIVIDUALS OF
 THEIR RIGHT TO COUNSEL AND HOW THEY MAY SECURE SUCH COUNSEL;
   (B) ENSURE THAT ALL COVERED INDIVIDUALS RECEIVE ACCESS TO  FULL  LEGAL
 REPRESENTATION  AS  PROVIDED  UNDER  SUBDIVISION  TWO  OF  SECTION EIGHT
 HUNDRED-D OF THIS ARTICLE; AND
   (C) 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. IN IDENTIFYING DESIG-
 NATED LEGAL ORGANIZATIONS, THE COORDINATOR SHALL ONLY CONSIDER PROVIDERS
 THAT HAVE THE CAPACITY TO PROVIDE HIGH QUALITY LEGAL ASSISTANCE AND,  AT
 MINIMUM, MEET THE FOLLOWING QUALIFICATIONS:
   (I)  HAVE  NON-PROFIT  STATUS  UNDER  SECTION  501 (C) (3) OF THE U.S.
 INTERNAL REVENUE CODE;
   (II) MAINTAIN A PRACTICE OF FURNISHING FREE LEGAL SERVICES TO INDIVID-
 UALS WHO CANNOT AFFORD THE SERVICES OF A LICENSED LEGAL PROFESSIONAL;
   (III) POSSESS  EXPERTISE  IN  HOUSING  LAW,  LANDLORD-TENANT  LAW,  OR
 RELATED  EXPERIENCE  IN  REPRESENTING  COVERED  INDIVIDUALS  IN  COVERED
 PROCEEDINGS;

 S. 6678--A                          6
 
   (IV) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE  LEGAL
 ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK;
   (V)  POSSESS ADEQUATE INFRASTRUCTURE AND EXPERTISE TO PROVIDE CONSIST-
 ENT, HIGH QUALITY  SUPERVISION,  OVERSIGHT,  TRAINING,  EVALUATION,  AND
 STRATEGIC RESPONSES TO EMERGING OR CHANGING NEEDS IN THE CLIENT COMMUNI-
 TIES SERVED; AND
   (VI) WITH SUFFICIENT FUNDING, HAVE THE CAPACITY TO MAINTAIN REASONABLE
 CASELOADS  AND  WORKING  CONDITIONS FOR THEIR ATTORNEYS, PARALEGALS, AND
 OTHER STAFF.
   2. THE COORDINATOR SHALL REQUIRE EACH DESIGNATED LEGAL ORGANIZATION TO
 IDENTIFY THE GEOGRAPHIC AREAS FOR WHICH SUCH ORGANIZATION SHALL  PROVIDE
 LEGAL  SERVICES.  FOR  EACH  SUCH GEOGRAPHIC AREA, THE COORDINATOR SHALL
 MAINTAIN A LIST OF DESIGNATED LEGAL SERVICE ORGANIZATIONS.
   3. IN DEVELOPING THE PROGRAM UNDER SUBDIVISION ONE  OF  THIS  SECTION,
 THE COORDINATOR SHALL CONSULT WITH:
   (A) TENANTS, REPRESENTATIVES FOR TENANTS, AND COMMUNITY GROUPS;
   (B)  REPRESENTATIVES  OF  DESIGNATED  LEGAL  ORGANIZATIONS  AND UNIONS
 ENGAGED IN REPRESENTING EMPLOYEES OF DESIGNATED LEGAL ORGANIZATIONS;
   (C) REPRESENTATIVES OF THE NEW YORK STATE  BAR  ASSOCIATION,  THE  NEW
 YORK  CITY  BAR ASSOCIATION, THE NETWORK OF BAR LEADERS, AND OTHER LOCAL
 BAR ASSOCIATIONS IN NEW YORK STATE; AND
   (D) REPRESENTATIVES OF THE JUDICIARY.
   4. THE COORDINATOR SHALL ESTIMATE ANNUALLY THE  EXPENDITURES  REQUIRED
 FOR  EACH  YEAR  OF  IMPLEMENTATION  OF  THE  PROGRAM  DESCRIBED IN THIS
 SECTION. THE ESTIMATE OF REQUIRED EXPENDITURES SHALL  BE  SUFFICIENT  TO
 ENABLE DESIGNATED LEGAL ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE
 AND  MAINTAIN  THE QUALIFICATIONS SET FORTH IN PARAGRAPH (C) OF SUBDIVI-
 SION ONE OF THIS SECTION. BEGINNING JANUARY FIRST, TWO THOUSAND  TWENTY-
 THREE,  AND  NO  LATER  THAN  JANUARY FIRST OF EACH YEAR THEREAFTER, THE
 COORDINATOR SHALL PUBLISH A SUMMARY OF ANY CHANGES TO SUCH ESTIMATES FOR
 EXPENDITURES.
   5. THE COORDINATOR SHALL ANNUALLY REVIEW THE PERFORMANCE OF DESIGNATED
 LEGAL ORGANIZATIONS.
   § 800-G. COMMUNITY ENGAGEMENT. 1. THE COORDINATOR SHALL  IDENTIFY  ONE
 OR MORE DESIGNATED COMMUNITY ORGANIZATIONS CAPABLE OF PROVIDING COMMUNI-
 TY  EDUCATION  AND  ORGANIZATION.  IN  IDENTIFYING  DESIGNATED COMMUNITY
 ORGANIZATIONS, THE COORDINATOR SHALL ONLY  CONSIDER  ORGANIZATIONS  THAT
 HAVE THE CAPACITY TO PROVIDE HIGH QUALITY ASSISTANCE AND SHALL, AT MINI-
 MUM, MEET THE FOLLOWING QUALIFICATIONS:
   (A)  HAVE  NON-PROFIT  STATUS  UNDER  SECTION  501 (C) (3) OF THE U.S.
 INTERNAL REVENUE CODE;
   (B) MAINTAIN A PRACTICE OF FURNISHING FREE SERVICES;
   (C) POSSESS EXPERTISE AND EXPERIENCE IN COMMUNITY EDUCATION AND ORGAN-
 IZATION, AND TIES TO THE COMMUNITIES THEY SERVE;
   (D) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE HOUSING
 ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK;
   (E) POSSESS ADEQUATE EXPERTISE TO  PROVIDE  CONSISTENT,  HIGH  QUALITY
 SUPERVISION,  OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSE TO
 EMERGING OR CHANGING NEEDS IN THE COMMUNITIES SERVED; AND
   (F) MAINTAIN REASONABLE WORKLOADS AND  WORKING  CONDITIONS  FOR  THEIR
 STAFF.
   2.  WITH  THE  SUPPORT OF THE COORDINATOR AND ADEQUATE FUNDING, DESIG-
 NATED COMMUNITY ORGANIZATIONS SHALL  BE  RESPONSIBLE  FOR  ENGAGING  AND
 EDUCATING TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS, INCLUDING BUT
 NOT  LIMITED  TO:  HOSTING  TRAININGS  AND  OTHER WORKSHOPS FOR TENANTS;
 DISTRIBUTING WRITTEN INFORMATION TO TENANTS; ASSISTING TENANTS IN  FORM-

 S. 6678--A                          7
 
 ING AND MAINTAINING TENANT ASSOCIATIONS; REFERRING TENANTS TO DESIGNATED
 LEGAL  ORGANIZATIONS; AND OTHER ACTIVITIES TO ENGAGE, EDUCATE, OR INFORM
 TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS. ENGAGEMENT  AND  EDUCA-
 TION SHALL BE PROVIDED IN DESIGNATED STATEWIDE LANGUAGES.
   §  800-H.  PUBLIC  HEARINGS.  1.  FOLLOWING  THE  ESTABLISHMENT OF THE
 PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE,
 ONCE EACH YEAR THE COORDINATOR SHALL HOLD  A  PUBLIC  HEARING  FOR  EACH
 JUDICIAL  DEPARTMENT  TO RECEIVE RECOMMENDATIONS AND FEEDBACK ABOUT SUCH
 PROGRAM.
   2. SUCH HEARING SHALL BE OPEN TO THE PUBLIC, AND THE COORDINATOR SHALL
 PROVIDE NOTICE OF SUCH HEARING, NO LESS THAN  THIRTY  DAYS  BEFORE  SUCH
 HEARING, BY:
   (A)  POSTING  IN  THE  DESIGNATED  STATEWIDE  LANGUAGES IN THE HOUSING
 COURTS AND OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD;
   (B) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN PUBLIC OFFICES OF
 COUNTY SOCIAL SERVICES/HUMAN RESOURCES DEPARTMENTS; AND
   (C) PUBLICIZING THROUGH LOCAL  MEDIA  AND  TO  EACH  DESIGNATED  LEGAL
 ORGANIZATION,  EACH  DESIGNATED  COMMUNITY  ORGANIZATION,  LOCAL ELECTED
 OFFICIALS, THE SUPERVISING JUDGES OF THE HOUSING COURTS, OTHER FORUMS IN
 WHICH EVICTION PROCEEDINGS ARE HELD, AND COMMUNITY-BASED ORGANIZATIONS.
   3. AT SUCH HEARINGS, WRITTEN AND ORAL TESTIMONY MAY BE PROVIDED.
   4. THE COORDINATOR SHALL CAUSE A TRANSCRIPT OF  SUCH  HEARINGS  TO  BE
 PRODUCED  AND SHALL POST SUCH TRANSCRIPT ONLINE NO LATER THAN FORTY-FIVE
 DAYS AFTER A HEARING.
   § 800-I. REPORTING. 1. THE COORDINATOR SHALL 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, PREPARED BY A
 CERTIFIED PUBLIC ACCOUNTANT LICENSED  IN  THE  STATE  OF  NEW  YORK  AND
 CARRIED OUT IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS.
   2.  NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND JANUARY
 FIRST OF EVERY OTHER YEAR THEREAFTER, THE COORDINATOR  SHALL  SUBMIT  TO
 THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
 THE ASSEMBLY, AND POST ONLINE,  A  REVIEW  OF  THE  PROGRAM  ESTABLISHED
 PURSUANT  TO  SECTION  EIGHT  HUNDRED-F  OF THIS ARTICLE AND INFORMATION
 REGARDING SUCH PROGRAM'S IMPLEMENTATION, TO THE EXTENT SUCH  INFORMATION
 IS AVAILABLE, INCLUDING, BUT NOT LIMITED TO:
   (A) THE ESTIMATED NUMBER OF COVERED INDIVIDUALS IN THE STATE;
   (B)  THE  NUMBER  OF  COVERED  INDIVIDUALS  WHO  HAVE  RECEIVED  LEGAL
 SERVICES, DISAGGREGATED BY THE FOLLOWING CHARACTERISTICS OF  SUCH  INDI-
 VIDUALS:
   (I) GENDER, RACE, ETHNICITY, AND AGE;
   (II) COUNTY AND POSTAL CODE OF RESIDENCE;
   (III) HOUSEHOLD SIZE;
   (IV) ESTIMATED LENGTH OF TENANCY;
   (V) APPROXIMATE HOUSEHOLD INCOME;
   (VI)  RECEIPT  OF  ONGOING  PUBLIC  ASSISTANCE  AT THE TIME SUCH LEGAL
 SERVICES WERE INITIATED;
   (VII) TENANCY IN RENT-REGULATED HOUSING; AND
   (VIII) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL,
 STATE OR LOCAL RENTAL SUBSIDY PROGRAM;
   (C) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE;
   (D) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN
 WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND  THE  AMOUNT  OF  FUNDING
 PROVIDED TO EACH;

 S. 6678--A                          8
 
   (E)  OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL REPRE-
 SENTATION, AS APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT  LIMITED  TO,
 THE NUMBER OF:
   (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE;
   (II)  JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR RESI-
 DENCE; AND
   (III) INSTANCES WHERE AN ATTORNEY REPRESENTING  A  COVERED  INDIVIDUAL
 WAS DISCHARGED OR WITHDREW;
   (F) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS;
   (G)  RESIDENTIAL  EVICTIONS  CONDUCTED  BY  SHERIFFS OR CITY MARSHALS,
 DISAGGREGATED BY COUNTY;
   (H) A LIST  OF  DESIGNATED  COMMUNITY  ORGANIZATIONS,  THE  GEOGRAPHIC
 REGION  IN  WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF
 FUNDING PROVIDED TO EACH;
   (I) THE NUMBER OF BUILDINGS  IN  WHICH  OUTREACH  WAS  CONDUCTED,  THE
 NUMBER  OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH WORKSHOPS,
 THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION
 501 (C) (3) OF THE U.S.  INTERNAL REVENUE CODE, AND THE NUMBER OF TRAIN-
 INGS OFFERED; AND
   (J) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR
 ANY FUTURE PROGRAMMATIC IMPROVEMENTS.
   § 3. Section 701 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  ANY  COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION
 EIGHT HUNDRED-C OF THIS CHAPTER, SHALL NOTIFY ALL  RESPONDENTS  BY  MAIL
 UPON  FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE TRIAL, OF
 SUCH RESPONDENT'S CIVIL RIGHT TO COUNSEL IN AN EVICTION PROCEEDING UNDER
 ARTICLE SEVEN-C OF THIS CHAPTER.
   § 4. Subdivisions 1 and 2 of section 711 of the real property  actions
 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
 of  1963 and subdivision 2 as amended by section 12 of part M of chapter
 36 of the laws of 2019, are amended to read as follows:
   1. The tenant continues in possession of any portion of  the  premises
 after the expiration of his term, without the permission of the landlord
 or,  in a case where a new lessee is entitled to possession, without the
 permission of the new lessee. Acceptance of rent after  commencement  of
 the  special  proceeding  upon  this  ground  shall  not  terminate such
 proceeding nor effect any award of possession to the landlord or to  the
 new  lessee,  as  the  case  may  be.  A  proceeding  seeking to recover
 possession of real property by reason of the  termination  of  the  term
 fixed  in the lease pursuant to a provision contained therein giving the
 landlord the right to terminate the time fixed for occupancy under  such
 agreement if he deem the tenant objectionable, shall not be maintainable
 unless  the landlord shall by competent evidence establish to the satis-
 faction of the court that the tenant is objectionable.    NO  PROCEEDING
 SHALL  BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY PETITION
 TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE PETITIONER OR AN AGENT
 OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTESTING THAT  THE  PETITIONER
 OR  THE  PETITIONER'S  AGENT  HAS  PROVIDED  THE RESPONDENT WITH WRITTEN
 NOTICE, IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE,  OF
 SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE
 SEVEN-C OF THIS CHAPTER.
   2.  The  tenant  has defaulted in the payment of rent, pursuant to the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,

 S. 6678--A                          9

 has been served upon him as prescribed in section seven hundred  thirty-
 five  of  this  article. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT
 SHALL ACCEPT FILING FOR ANY PETITION FOR NON-PAYMENT OF RENT UNLESS  THE
 WRITTEN  DEMAND  FOR  RENT REQUIRED BY THIS SECTION CONTAINS A NOTICE OF
 THE RESPONDENT'S CIVIL RIGHT TO  COUNSEL  IN  EVICTION  PROCEEDINGS,  AS
 REQUIRED  BY  SUBDIVISION SIX OF SECTION SEVEN HUNDRED FORTY-ONE OF THIS
 ARTICLE. Any person succeeding to the landlord's interest in  the  prem-
 ises  may proceed under this subdivision for rent due his predecessor in
 interest if he has a right thereto. Where a tenant dies during the  term
 of  the  lease and rent due has not been paid and the apartment is occu-
 pied by a person with  a  claim  to  possession,  a  proceeding  may  be
 commenced  naming  the  occupants  of the apartment seeking a possessory
 judgment only as against the estate. Entry of such a judgment  shall  be
 without  prejudice  to  the  possessory claims of the occupants, and any
 warrant issued shall not be effective as against the occupants.
   § 5. Section 713 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 12 to read as follows:
   12.  NO  PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR
 FILING, ANY PETITION TO RECOVER POSSESSION OF REAL PROPERTY  UNLESS  THE
 PETITIONER  OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTEST-
 ING THAT THE PETITIONER OR  THE  PETITIONER'S  AGENT  HAS  PROVIDED  THE
 RESPONDENT  WITH  WRITTEN  NOTICE,  IN  THE  NOTICE  OF PETITION AND ANY
 REQUIRED PREDICATE NOTICE, OF SUCH  RESPONDENT'S  RIGHT  TO  COUNSEL  IN
 EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER.
   §  6.  Section 741 of the real property actions and proceedings law is
 amended by adding three new subdivisions 6, 7 and 8 to read as follows:
   6. NOTIFY THE RESPONDENT OF THE EXISTENCE OF THE CIVIL RIGHT TO  COUN-
 SEL  IN  EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER, AND
 SHALL PROVIDE A PHONE NUMBER, WEBSITE ADDRESS AND OTHER  INFORMATION  TO
 ASSIST THE RESPONDENT IN SECURING COUNSEL.
   7.  STATE  THE  RIGHT  TO  AN  ADJOURNMENT  OF THE PROCEEDINGS UNTIL A
 COVERED INDIVIDUAL, AS DEFINED IN SECTION EIGHT HUNDRED-C OF THIS  CHAP-
 TER, IS ABLE TO RETAIN AND CONSULT WITH COUNSEL.
   8. STATE THAT ANY AND ALL PREDICATE NOTICES SERVED UPON THE RESPONDENT
 INCLUDED  NOTICE  OF  THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS
 UNDER ARTICLE SEVEN-C OF THIS CHAPTER,  AND  PROVIDED  A  PHONE  NUMBER,
 WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECUR-
 ING COUNSEL.
   §  7.  Section 745 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. WHERE A RESPONDENT  WHO  IS  A  COVERED  INDIVIDUAL  UNDER  ARTICLE
 SEVEN-C  OF  THIS  CHAPTER  APPEARS  IN COURT WITHOUT COUNSEL, THE COURT
 SHALL NOTIFY SUCH RESPONDENT ORALLY OF THE CIVIL  RIGHT  TO  COUNSEL  IN
 EVICTION PROCEEDINGS ESTABLISHED BY ARTICLE SEVEN-C OF THIS CHAPTER, AND
 IF SUCH RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL
 AND  PROVIDE  SUFFICIENT  TIME,  NOT  LESS  THAN FOURTEEN DAYS, FOR SUCH
 RESPONDENT TO RETAIN AND CONSULT COUNSEL AND SHALL  GRANT  SUCH  FURTHER
 ADJOURNMENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO
 OBTAIN COUNSEL.
   §  8. Subdivisions 1 and 3 of section 749 of the real property actions
 and proceedings law, as amended by section 19 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   1. Upon rendering a final judgment for  petitioner,  the  court  shall
 issue  a warrant directed to the sheriff of the county or to any consta-
 ble or marshal of the city in which the property, or a portion  thereof,
 is  situated,  or,  if it is not situated in a city, to any constable of

 S. 6678--A                         10
 
 any town in the county, describing the property,  stating  the  earliest
 date  upon which execution may occur pursuant to the order of the court,
 and commanding the officer to remove all persons named in  the  proceed-
 ing,  provided  upon a showing of good cause, the court may issue a stay
 of re-letting or renovation of the premises for a reasonable  period  of
 time.  HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE
 OF A WARRANT OF EVICTION AGAINST A  RESPONDENT  WHO  HAS  DEFAULTED,  OR
 AUTHORIZE  THE  EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT,
 UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDA-
 VIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED
 THE RESPONDENT WITH WRITTEN NOTICE OF THE RESPONDENT'S  CIVIL  RIGHT  TO
 COUNSEL  IN  EVICTION  PROCEEDINGS  IN THE NOTICE OF PETITION AND IN ANY
 PREDICATE NOTICE AS REQUIRED BY SECTIONS  SEVEN  HUNDRED  ELEVEN,  SEVEN
 HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE.
   3.  Nothing  contained  herein shall deprive the court of the power to
 stay or vacate such warrant for good cause shown prior to the  execution
 thereof,  or to restore the tenant to possession subsequent to execution
 of the warrant. THE FAILURE OF THE COURT OR  THE  PETITIONER  TO  COMPLY
 WITH  THE  CIVIL  RIGHT  TO  COUNSEL IN EVICTION PROCEEDINGS PURSUANT TO
 ARTICLE SEVEN-C OF THIS CHAPTER SHALL CONSTITUTE GOOD  CAUSE  TO  VACATE
 SUCH  WARRANT.  In  a  judgment for non-payment of rent, the court shall
 vacate a warrant upon tender or deposit with the court of the full  rent
 due  at  any  time  prior to its execution, unless the petitioner estab-
 lishes that the tenant withheld the rent due in bad faith.    Petitioner
 may  recover  by  action  any sum of money which was payable at the time
 when the special proceeding was commenced and the  reasonable  value  of
 the  use and occupation to the time when the warrant was issued, for any
 period of time with respect to which the agreement  does  not  make  any
 provision for payment of rent.
   § 9. The real property law is amended by adding a new section 235-i to
 read as follows:
   §  235-I.  LEASE  PROVISIONS  WAIVING  RIGHT  TO  COUNSEL  VOID.   ANY
 PROVISION OF A LEASE OR CONTRACT WAIVING OR LIMITING THE RIGHT TO  COUN-
 SEL  IN  EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY
 ACTIONS AND PROCEEDINGS LAW SHALL BE VOID.
   § 10. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S6678B - Details

See Assembly Version of this Bill:: A7570
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
Versions Introduced in 2023-2024 Legislative Session:: S2721, A1493

2021-S6678B - Summary

2021-S6678B - Sponsor Memo

                                 
BILL NUMBER: S6678B

SPONSOR: MAY
 
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:

2021: S6678-A REF TO HOUSING / A7570-A ref to judiciary

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6678B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6678--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BAILEY,  BIAGGI,  BRISPORT,  BROUK, CLEARE,
   COONEY, GIANARIS, HARCKHAM, HINCHEY, HOYLMAN, JACKSON,  KENNEDY,  LIU,
   MANNION,  MAYER,  MYRIE,  RAMOS,  REICHLIN-MELNICK,  RIVERA,  SALAZAR,
   SEPULVEDA, SERRANO, SKOUFIS -- read twice  and  ordered  printed,  and
   when printed to be committed to the Committee on Housing, Construction
   and  Community  Development  --  committee  discharged,  bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   recommitted  to  the  Committee on Housing, Construction and Community
   Development in accordance with Senate Rule  6,  sec.  8  --  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:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 there  is  a fundamental human right to adequate housing accommodations.
 Safe, secure, and accessible housing is  essential  to  achieving  equal
 access to all other fundamental needs.  Without housing, individuals and
 families  too often cannot preserve family integrity, gain employment or
 other income, or enjoy  access  to  healthcare,  proper  nutrition,  and
 education.
   Legal  proceedings that can lead to eviction are generally complex and
 are governed by a large body of  procedural  and  substantive  law  that
 makes  these  proceedings  extremely  difficult  to navigate without the
 assistance of counsel. The overwhelming majority of landlords  who  seek
 to evict tenants are represented by legal counsel, while in the areas of
 New  York  State where there is no right to counsel most tenants are not
 represented by counsel.  Eviction proceedings, displacement as a  result
 of  eviction  proceedings,  and  executed evictions all have a disparate

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11311-08-2

 S. 6678--B                          2
 
 impact on people of color, who are respondents in  eviction  proceedings
 in  numbers that greatly exceed their proportion of the general New York
 population.  Representation of persons who face losing  their  homes  in
 legal  proceedings  makes  a  determinative  difference  in  outcome  by
 preserving homes and ensuring compliance with  laws  that,  among  other
 purposes,  protect  the  right  to  safe  and  secure living conditions,
 prohibit discrimination, regulate rents and  provide  rental  subsidies.
 Representation   of  persons  who  face  losing  their  homes  in  legal
 proceedings is essential to the fair functioning of the  justice  system
 and protects the rights to due process and equal protection of the law.
   Evictions  disrupt lives and livelihoods, force tenants to seek alter-
 native housing in a market with a severe shortage of affordable  housing
 and  significantly  increase  the  risk  of homelessness. The short- and
 long-term effects of evictions and homelessness are devastating to indi-
 viduals and families and can affect physical and mental health,  employ-
 ment,  education,  and  engagement  with  the  criminal  justice system.
 Providing legal  assistance  to  tenants  who  face  eviction  not  only
 protects  individuals  and  families  from  the  devastating  effects of
 eviction and homelessness, it saves public funds that would otherwise be
 spent on shelters and services to people  experiencing  homelessness  as
 well  as  public  expenses  for addressing the wide range of detrimental
 short- and long-term effects of eviction and homelessness.
   New York is facing an eviction crisis of unfathomable proportions  due
 to  the  COVID-19 pandemic. According to an analysis of July 15th Census
 Bureau data, almost half (46 percent) of all renting households  in  the
 state  were  not  able to pay rent and are at risk of eviction. In 2017,
 New York City adopted legislation that guarantees a right to counsel for
 tenants facing eviction.  Even though the right to counsel  in  eviction
 proceedings  in  New  York  City is still in the implementation phase, a
 study conducted by the New  York  City  Office  of  Civil  Justice  that
 analyzed data pertaining to New York City Housing Court proceedings from
 2013-2019  found  that  legal  representation in eviction matters has an
 enormously beneficial effect as shown by the following data:
   1. Evictions dropped 41 percent overall since  2013,  including  a  15
 percent drop in 2019 alone;
   2.  Eviction  filings  dropped  by  30  percent between 2013 and 2019,
 including a 20 percent drop in 2019 alone;
   3. Default judgments dropped 34 percent between 2013 and 2019;
   4. Requests by tenants to bring their cases back to the Housing  Court
 calendar  on  an  emergency basis dropped by 38 percent during that time
 period, because tenant  representation  is  ensuring  these  issues  are
 addressed at the start of the case; and
   5.  Overall,  84  percent  of  tenants who were represented by counsel
 remained in their homes.
   § 2. The real property actions  and  proceedings  law  is  amended  by
 adding a new article 7-C to read as follows:
                                ARTICLE 7-C
                          CIVIL RIGHT TO COUNSEL
                        IN EVICTION PROCEEDINGS ACT
 SECTION 800.   SHORT TITLE.
         800-A. LEGISLATIVE PURPOSE.
         800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY.
         800-C. DEFINITIONS.
         800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED.
         800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED.
         800-F. PROVISION OF LEGAL SERVICES AND TENANT EDUCATION.
 S. 6678--B                          3
 
         800-G. COMMUNITY ENGAGEMENT.
         800-H. PUBLIC HEARINGS.
         800-I. REPORTING.
   §  800.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT".
   § 800-A. LEGISLATIVE PURPOSE. 1. CIVIL RIGHT TO COUNSEL.  THE  PURPOSE
 OF  THIS  ARTICLE  IS  TO  CREATE  A  CIVIL RIGHT TO COUNSEL IN EVICTION
 PROCEEDINGS IN NEW YORK STATE THAT GUARANTEES  ALL  COVERED  INDIVIDUALS
 ARE  PROVIDED HIGH QUALITY LEGAL REPRESENTATION AT GOVERNMENT EXPENSE IN
 ALL COVERED PROCEEDINGS. THE CIVIL RIGHT TO COUNSEL FOR PEOPLE WHO  FACE
 EVICTION  IS  INTENDED  TO  ENSURE  FAIR  AND  BALANCED PROCEEDINGS THAT
 COMPORT  WITH  THE  CONSTITUTIONAL  RIGHTS  TO  DUE  PROCESS  AND  EQUAL
 PROTECTION AND, GIVEN THE DEVASTATING CONSEQUENCES OF EVICTION, OUTWEIGH
 ALL OTHER CONSIDERATIONS IN THE ADMINISTRATION OF LEGAL PROCEEDINGS THAT
 COULD RESULT IN EVICTION.
   2.  NEW  YORK  CONSTITUTIONAL  SOURCE  OF THE RIGHT. THE SOURCE OF THE
 RIGHT EXISTS IN SECTION ONE OF ARTICLE SEVENTEEN OF THE NEW  YORK  STATE
 CONSTITUTION, WHICH PROVIDES THAT THE AID, CARE AND SUPPORT OF THE NEEDY
 ARE  PUBLIC  CONCERNS  AND SHALL BE PROVIDED BY THE STATE AND BY SUCH OF
 ITS SUBDIVISIONS, AND IN SUCH MANNER AND BY SUCH MEANS, AS THE  LEGISLA-
 TURE  MAY FROM TIME TO TIME DETERMINE. FURTHER, SECTION THREE OF ARTICLE
 SEVENTEEN  OF  THE  NEW  YORK  STATE  CONSTITUTION  PROVIDES  THAT   THE
 PROTECTION  AND  PROMOTION OF THE HEALTH OF THE INHABITANTS OF THE STATE
 ARE MATTERS OF PUBLIC CONCERN AND PROVISIONS THEREFOR SHALL BE  MADE  BY
 THE  STATE  AND  BY  SUCH OF ITS SUBDIVISIONS AND IN SUCH MANNER, AND BY
 SUCH MEANS AS THE LEGISLATURE SHALL FROM TIME TO TIME DETERMINE.
   § 800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY.  1.    THIS
 ARTICLE   SHALL  BE  INTERPRETED  BROADLY  TO  EFFECTUATE  THE  PURPOSES
 DESCRIBED IN SECTION EIGHT HUNDRED-A OF THIS ARTICLE.
   2. THIS ARTICLE SHALL NOT BE CONSTRUED TO NEGATE, ALTER, OR LIMIT  ANY
 RIGHT TO COUNSEL IN ANY CIVIL OR CRIMINAL ACTION OR PROCEEDING OTHERWISE
 PROVIDED  UNDER  THE  NEW  YORK STATE CONSTITUTION OR ANY NEW YORK STATE
 STATUTE. IN THE EVENT OF ANY CONFLICT BETWEEN  THE  PROVISIONS  OF  THIS
 ARTICLE AND ANY OTHER PROVISION OF LAW, THIS ARTICLE SHALL GOVERN.
   3.  IF  ANY  WORD,  PHRASE,  CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION,
 SECTION OR PART OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY PERSON
 OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY A COURT OF COMPETENT JURIS-
 DICTION, SUCH ORDER OR JUDGMENT  SHALL  NOT  AFFECT  OR  INVALIDATE  THE
 REMAINDER OF THIS ARTICLE, AND SHALL BE CONFINED IN ITS OPERATION TO THE
 CONTROVERSY  IN  WHICH IT WAS RENDERED, AND TO THE WORD, PHRASE, CLAUSE,
 SENTENCE, PARAGRAPH,  SUBDIVISION,  SECTION  OR  PART  THEREOF  DIRECTLY
 INVOLVED  IN  THE  CONTROVERSY  IN  WHICH  SUCH JUDGMENT SHALL HAVE BEEN
 RENDERED.
   § 800-C. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COORDINATOR" MEANS THE CIVIL JUSTICE COORDINATOR APPOINTED PURSU-
 ANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   2. "COVERED INDIVIDUAL" MEANS AN INDIVIDUAL WHO RESIDES IN  A  HOUSING
 ACCOMMODATION  AND  IS  AT  RISK  OF  LOSING THEIR HOUSING OR REASONABLY
 ANTICIPATED TO BE AT RISK OF LOSING THEIR HOUSING.
   3. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT A COVERED  INDI-
 VIDUAL,  INCLUDING  A SUMMARY PROCEEDING TO SEEK POSSESSION FOR THE NON-
 PAYMENT OF RENT OR A HOLDOVER, OR ANY OTHER PROCEEDING  FOR  TERMINATION
 OF  TENANCY, OR ANY PROCEEDING THAT COULD RESULT IN AN INDIVIDUAL LOSING
 SUCH INDIVIDUAL'S  HOUSING  ACCOMMODATION.  "COVERED  PROCEEDING"  SHALL
 INCLUDE, BUT NOT BE LIMITED TO PROCEEDINGS:
 S. 6678--B                          4
 
   (A) TO EVICT A COVERED INDIVIDUAL, AND SUCH PROCEEDINGS ARE COVERED AS
 SOON AS AN OWNER OR MANAGING AGENT SERVES A PREDICATE NOTICE TERMINATING
 A  TENANCY,  DEMANDING RENT OR ANY OTHER WRITING INDICATING AN INTENT TO
 INITIATE A COVERED PROCEEDING;
   (B)  INITIATED  BY  A  COVERED INDIVIDUAL TO CORRECT VIOLATIONS OF LAW
 RELATING TO HAZARDOUS HOUSING STANDARDS;
   (C) TO TERMINATE AN ELIGIBLE INDIVIDUAL FROM PARTICIPATION IN ANY  NEW
 YORK STATE, LOCALITY, OR FEDERAL HOUSING SUBSIDY PROGRAM;
   (D) INITIATED BY A COVERED INDIVIDUAL IN RESPONSE TO UNLAWFUL LANDLORD
 OR OWNER BEHAVIOR;
   (E)  OWNER  OR  LANDLORD  INITIATED  APPEALS OR APPEALS INITIATED BY A
 COVERED INDIVIDUAL UPON AN ADVERSE RULING; AND
   (F) ANY OTHER PROCEEDING COMMENCED AGAINST OR BY AN INDIVIDUAL THAT  A
 DESIGNATED  LEGAL  ORGANIZATION DETERMINES IN ITS SOLE DISCRETION CAN BE
 REASONABLY ANTICIPATED TO LEAD TO LOSS  OF  SUCH  INDIVIDUAL'S  HOME  OR
 HOUSING ACCOMMODATION.
   4. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE
 U.S.  INTERNAL  REVENUE CODE THAT HAS THE CAPACITY TO PROVIDE COMPREHEN-
 SIVE AND EFFECTIVE LEGAL SERVICES AND IS DESIGNATED BY  THE  COORDINATOR
 PURSUANT TO THIS ARTICLE.
   5.  "DESIGNATED  COMMUNITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGAN-
 IZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER  SECTION  501  (C)
 (3)  OF  THE U.S. INTERNAL REVENUE CODE THAT PROVIDE COMMUNITY EDUCATION
 AND ORGANIZATION REGARDING RIGHTS OF TENANTS.
   6. "DESIGNATED STATEWIDE LANGUAGES" MEANS LANGUAGES DESIGNATED BY  THE
 COORDINATOR PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   7.  "FULL  LEGAL  REPRESENTATION"  MEANS  ONGOING LEGAL REPRESENTATION
 PROVIDED BY A DESIGNATED LEGAL ORGANIZATION TO A COVERED INDIVIDUAL  AND
 INCLUDES ALL LEGAL ADVICE, ADVOCACY, AND ASSISTANCE ASSOCIATED WITH SUCH
 REPRESENTATION.  "FULL  LEGAL  REPRESENTATION" SHALL INCLUDE, BUT NOT BE
 LIMITED TO: FILING A NOTICE OF APPEARANCE,  FILING  AND  PREPARATION  OF
 PLEADINGS  AND  MOTIONS  ON BEHALF OF COVERED INDIVIDUALS, COURT APPEAR-
 ANCES ON BEHALF OF COVERED INDIVIDUALS, PRE- AND  POST-TRIAL  SETTLEMENT
 CONFERENCES,  AND  ANY  OTHER  ACTIVITIES  NEEDED TO PROVIDE ZEALOUS AND
 EFFECTIVE REPRESENTATION IN A COVERED PROCEEDING.
   8. "HOUSING ACCOMMODATION" MEANS THAT PART OF ANY BUILDING  OR  STRUC-
 TURE  OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR INTENDED,
 ARRANGED OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE  INDIVIDUALS
 AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD-
 ING  HOUSE,  LODGING  HOUSE OR HOTEL, AND ALL ESSENTIAL SERVICES, PRIVI-
 LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH
 THE OCCUPATION THEREOF.
   9. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF  CIVIL  JUSTICE  ESTAB-
 LISHED PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE.
   10. "EVICTION PROCEEDING" MEANS A COVERED PROCEEDING.
   §  800-D.  CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED.  1.
 THE CIVIL RIGHT TO FULL REPRESENTATION BY COUNSEL IN COVERED PROCEEDINGS
 FOR COVERED INDIVIDUALS IS HEREBY CREATED.
   2. THE CIVIL RIGHT TO COUNSEL IN COVERED PROCEEDINGS SHALL APPLY TO  A
 COVERED  INDIVIDUAL  UPON  THE  SERVICE  OF A PREDICATE NOTICE UPON SUCH
 INDIVIDUAL, UPON THE COMMENCEMENT OF A COVERED  PROCEEDING,  OR  UPON  A
 DETERMINATION BY A DESIGNATED LEGAL ORGANIZATION THAT A COVERED PROCEED-
 ING IS REASONABLY ANTICIPATED, WHICHEVER OCCURS EARLIER.
 S. 6678--B                          5
 
   § 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 1.  THERE
 IS  HEREBY  ESTABLISHED  THE "NEW YORK STATE OFFICE OF CIVIL JUSTICE" TO
 CONDUCT PLANNING AND IMPLEMENTATION OF THE PURPOSES OF THIS ARTICLE.
   2. THE OFFICE SHALL BE HEADED BY A CIVIL JUSTICE COORDINATOR WHO SHALL
 BE  APPOINTED  BY THE GOVERNOR. THE CIVIL JUSTICE COORDINATOR SHALL HAVE
 THE POWER AND DUTY TO:
   (A) CREATE AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES
 PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE;
   (B) ADVISE AND ASSIST THE GOVERNOR IN PLANNING AND IMPLEMENTING  COOR-
 DINATION  AND  COOPERATION AMONG STATE AGENCIES NECESSARY FOR THE IMPLE-
 MENTATION OF THIS ARTICLE;
   (C) PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT OF THE NEED FOR
 DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS IN
 THE STATE, AND WHETHER CURRENT DESIGNATED LEGAL ORGANIZATIONS AND DESIG-
 NATED COMMUNITY ORGANIZATIONS ARE ABLE TO  MEET  THE  NEEDS  OF  COVERED
 INDIVIDUALS;
   (D)  PROPOSE  AN  AMOUNT OF FUNDING FOR DESIGNATED LEGAL ORGANIZATIONS
 AND DESIGNATED COMMUNITY ORGANIZATIONS THAT IS SUFFICIENT TO ASSIST  ALL
 COVERED  INDIVIDUALS,  AND  TO ENABLE SUCH ORGANIZATIONS TO PROVIDE HIGH
 QUALITY ASSISTANCE AND HAVE REASONABLE WORKLOADS, DECENT WORKING  CONDI-
 TIONS, AND ADEQUATE COMPENSATION FOR THEIR STAFF;
   (E) SERVE AS LIAISON FOR THE STATE WITH DESIGNATED LEGAL ORGANIZATIONS
 AND DESIGNATED COMMUNITY ORGANIZATIONS;
   (F) PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTA-
 TION OF THE PROVISIONS OF THIS ARTICLE;
   (G)  PREPARE  A  LIST  OF  DESIGNATED  LANGUAGES THAT SHALL CONSIST OF
 LANGUAGES SPOKEN BY A LARGE ENOUGH POPULATION OF NEW YORK RESIDENTS THAT
 PREPARATION OF MATERIALS AND CONDUCT  OF  EDUCATION  AND  ENGAGEMENT  BY
 DESIGNATED COMMUNITY ORGANIZATIONS IN SUCH LANGUAGES IS APPROPRIATE;
   (H)  SUPPORT  OUTREACH AND EDUCATION BY DESIGNATED COMMUNITY ORGANIZA-
 TIONS, TO SPREAD AWARENESS  OF  THE  AVAILABILITY  OF  DESIGNATED  LEGAL
 ORGANIZATIONS; AND
   (I) PERFORM SUCH OTHER DUTIES AS THE GOVERNOR MAY ASSIGN.
   §  800-F.  PROVISION  OF  LEGAL SERVICES AND TENANT EDUCATION. 1.  THE
 COORDINATOR SHALL, WITH CONSULTATION AS REQUIRED BY SUBDIVISION THREE OF
 THIS SECTION, DEVELOP A PLAN TO (A) IMPLEMENT A PROGRAM TO PROVIDE COUN-
 SEL FOR COVERED INDIVIDUALS IN COVERED  PROCEEDINGS  AND  (B)  DESIGNATE
 COMMUNITY ORGANIZATIONS TO ENGAGE AND EDUCATE TENANTS OF THEIR RIGHTS IN
 EVICTION  PROCEEDINGS.  SUCH  PLAN  SHALL BE FINALIZED NO LATER THAN SIX
 MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE AND SHALL  BE  FULLY
 IMPLEMENTED  AS  SOON AS POSSIBLE, BUT NO LATER THAN TWO YEARS FOLLOWING
 THE EFFECTIVE DATE OF THIS ARTICLE AND SHALL:
   (I) ENSURE THAT A SYSTEM IS IN PLACE TO PROVIDE ALL  COVERED  INDIVID-
 UALS  IN  THE  STATE  WITH COUNSEL FOR COVERED PROCEEDINGS, AND THAT ANY
 NOTICE OF PETITION FOR  SUMMARY  EVICTION  PROCEEDINGS  COMMENCED  UNDER
 ARTICLE  SEVEN OF THIS CHAPTER PROVIDES NOTICE TO COVERED INDIVIDUALS OF
 THEIR RIGHT TO COUNSEL AND HOW THEY MAY SECURE SUCH COUNSEL;
   (II) ENSURE THAT ALL COVERED INDIVIDUALS RECEIVE ACCESS TO FULL  LEGAL
 REPRESENTATION  AS  PROVIDED  UNDER  SUBDIVISION  TWO  OF  SECTION EIGHT
 HUNDRED-D OF THIS ARTICLE; AND
   (III) IDENTIFY AT LEAST ONE DESIGNATED LEGAL ORGANIZATION OR CONSORTI-
 UM OF DESIGNATED LEGAL ORGANIZATIONS CAPABLE OF PROVIDING LEGAL SERVICES
 IN COVERED PROCEEDINGS IN EACH  REGION  OF  THE  STATE.  IN  IDENTIFYING
 DESIGNATED  LEGAL  ORGANIZATIONS,  THE  COORDINATOR  SHALL ONLY CONSIDER
 S. 6678--B                          6
 
 PROVIDERS THAT HAVE THE CAPACITY TO PROVIDE HIGH QUALITY  LEGAL  ASSIST-
 ANCE AND, AT MINIMUM, MEET THE FOLLOWING QUALIFICATIONS:
   (A)  HAVE  NON-PROFIT  STATUS  UNDER  SECTION  501 (C) (3) OF THE U.S.
 INTERNAL REVENUE CODE;
   (B) MAINTAIN A PRACTICE OF FURNISHING FREE LEGAL SERVICES TO  INDIVID-
 UALS WHO CANNOT AFFORD THE SERVICES OF A LICENSED LEGAL PROFESSIONAL;
   (C)  POSSESS EXPERTISE IN HOUSING LAW, LANDLORD-TENANT LAW, OR RELATED
 EXPERIENCE IN REPRESENTING COVERED INDIVIDUALS IN COVERED PROCEEDINGS;
   (D) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO  THE  LEGAL
 ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK;
   (E)  POSSESS ADEQUATE INFRASTRUCTURE AND EXPERTISE TO PROVIDE CONSIST-
 ENT, HIGH QUALITY  SUPERVISION,  OVERSIGHT,  TRAINING,  EVALUATION,  AND
 STRATEGIC RESPONSES TO EMERGING OR CHANGING NEEDS IN THE CLIENT COMMUNI-
 TIES SERVED; AND
   (F)  WITH SUFFICIENT FUNDING, HAVE THE CAPACITY TO MAINTAIN REASONABLE
 CASELOADS AND WORKING CONDITIONS FOR THEIR  ATTORNEYS,  PARALEGALS,  AND
 OTHER STAFF.
   2. THE COORDINATOR SHALL REQUIRE EACH DESIGNATED LEGAL ORGANIZATION TO
 IDENTIFY  THE GEOGRAPHIC AREAS FOR WHICH SUCH ORGANIZATION SHALL PROVIDE
 LEGAL SERVICES. FOR EACH SUCH GEOGRAPHIC  AREA,  THE  COORDINATOR  SHALL
 MAINTAIN A LIST OF DESIGNATED LEGAL SERVICE ORGANIZATIONS.
   3.  IN  DEVELOPING  THE PROGRAM UNDER SUBDIVISION ONE OF THIS SECTION,
 THE COORDINATOR SHALL CONSULT WITH:
   (A) TENANTS, REPRESENTATIVES FOR TENANTS, AND COMMUNITY GROUPS;
   (B) REPRESENTATIVES  OF  DESIGNATED  LEGAL  ORGANIZATIONS  AND  UNIONS
 ENGAGED IN REPRESENTING EMPLOYEES OF DESIGNATED LEGAL ORGANIZATIONS;
   (C)  REPRESENTATIVES  OF  THE  NEW YORK STATE BAR ASSOCIATION, THE NEW
 YORK CITY BAR ASSOCIATION, THE NETWORK OF BAR LEADERS, AND  OTHER  LOCAL
 BAR ASSOCIATIONS IN NEW YORK STATE; AND
   (D) REPRESENTATIVES OF THE JUDICIARY.
   4.  THE  COORDINATOR SHALL ESTIMATE ANNUALLY THE EXPENDITURES REQUIRED
 FOR EACH YEAR  OF  IMPLEMENTATION  OF  THE  PROGRAM  DESCRIBED  IN  THIS
 SECTION.  THE  ESTIMATE  OF REQUIRED EXPENDITURES SHALL BE SUFFICIENT TO
 ENABLE DESIGNATED LEGAL ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE
 AND MAINTAIN THE QUALIFICATIONS SET FORTH IN SUBPARAGRAPH (III) OF PARA-
 GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION. BEGINNING  JANUARY  FIRST,
 TWO  THOUSAND TWENTY-THREE, AND NO LATER THAN JANUARY FIRST OF EACH YEAR
 THEREAFTER, THE COORDINATOR SHALL PUBLISH A SUMMARY OF  ANY  CHANGES  TO
 SUCH ESTIMATES FOR EXPENDITURES.
   5. THE COORDINATOR SHALL ANNUALLY REVIEW THE PERFORMANCE OF DESIGNATED
 LEGAL ORGANIZATIONS.
   §  800-G.  COMMUNITY ENGAGEMENT. 1. THE COORDINATOR SHALL IDENTIFY ONE
 OR MORE DESIGNATED COMMUNITY ORGANIZATIONS CAPABLE OF PROVIDING COMMUNI-
 TY EDUCATION  AND  ORGANIZATION.  IN  IDENTIFYING  DESIGNATED  COMMUNITY
 ORGANIZATIONS,  THE  COORDINATOR  SHALL ONLY CONSIDER ORGANIZATIONS THAT
 HAVE THE CAPACITY TO PROVIDE HIGH QUALITY ASSISTANCE AND SHALL, AT MINI-
 MUM, MEET THE FOLLOWING QUALIFICATIONS:
   (A) HAVE NON-PROFIT STATUS UNDER SECTION  501  (C)  (3)  OF  THE  U.S.
 INTERNAL REVENUE CODE;
   (B) MAINTAIN A PRACTICE OF FURNISHING FREE SERVICES;
   (C) POSSESS EXPERTISE AND EXPERIENCE IN COMMUNITY EDUCATION AND ORGAN-
 IZATION, AND TIES TO THE COMMUNITIES THEY SERVE;
   (D) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE HOUSING
 ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK;
 S. 6678--B                          7

   (E)  POSSESS  ADEQUATE  EXPERTISE  TO PROVIDE CONSISTENT, HIGH QUALITY
 SUPERVISION, OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSE  TO
 EMERGING OR CHANGING NEEDS IN THE COMMUNITIES SERVED; AND
   (F)  MAINTAIN  REASONABLE  WORKLOADS  AND WORKING CONDITIONS FOR THEIR
 STAFF.
   2. WITH THE SUPPORT OF THE COORDINATOR AND  ADEQUATE  FUNDING,  DESIG-
 NATED  COMMUNITY  ORGANIZATIONS  SHALL  BE  RESPONSIBLE FOR ENGAGING AND
 EDUCATING TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS, INCLUDING BUT
 NOT LIMITED TO: HOSTING  TRAININGS  AND  OTHER  WORKSHOPS  FOR  TENANTS;
 DISTRIBUTING  WRITTEN INFORMATION TO TENANTS; ASSISTING TENANTS IN FORM-
 ING AND MAINTAINING TENANT ASSOCIATIONS; REFERRING TENANTS TO DESIGNATED
 LEGAL ORGANIZATIONS; AND OTHER ACTIVITIES TO ENGAGE, EDUCATE, OR  INFORM
 TENANTS  OF  THEIR RIGHTS IN EVICTION PROCEEDINGS. ENGAGEMENT AND EDUCA-
 TION SHALL BE PROVIDED IN DESIGNATED STATEWIDE LANGUAGES.
   § 800-H. PUBLIC  HEARINGS.  1.  FOLLOWING  THE  ESTABLISHMENT  OF  THE
 PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE,
 ONCE  EACH  YEAR  THE  COORDINATOR  SHALL HOLD A PUBLIC HEARING FOR EACH
 JUDICIAL DEPARTMENT TO RECEIVE RECOMMENDATIONS AND FEEDBACK  ABOUT  SUCH
 PROGRAM.
   2. SUCH HEARING SHALL BE OPEN TO THE PUBLIC, AND THE COORDINATOR SHALL
 PROVIDE  NOTICE  OF  SUCH  HEARING, NO LESS THAN THIRTY DAYS BEFORE SUCH
 HEARING, BY:
   (A) POSTING IN THE  DESIGNATED  STATEWIDE  LANGUAGES  IN  THE  HOUSING
 COURTS AND OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD;
   (B) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN PUBLIC OFFICES OF
 COUNTY SOCIAL SERVICES/HUMAN RESOURCES DEPARTMENTS; AND
   (C)  PUBLICIZING  THROUGH  LOCAL  MEDIA  AND  TO EACH DESIGNATED LEGAL
 ORGANIZATION, EACH  DESIGNATED  COMMUNITY  ORGANIZATION,  LOCAL  ELECTED
 OFFICIALS, THE SUPERVISING JUDGES OF THE HOUSING COURTS, OTHER FORUMS IN
 WHICH EVICTION PROCEEDINGS ARE HELD, AND COMMUNITY-BASED ORGANIZATIONS.
   3. AT SUCH HEARINGS, WRITTEN AND ORAL TESTIMONY MAY BE PROVIDED.
   4.  THE  COORDINATOR  SHALL  CAUSE A TRANSCRIPT OF SUCH HEARINGS TO BE
 PRODUCED AND SHALL POST SUCH TRANSCRIPT ONLINE NO LATER THAN  FORTY-FIVE
 DAYS AFTER A HEARING.
   § 800-I. REPORTING. 1. THE COORDINATOR SHALL 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,  PREPARED  BY  A
 CERTIFIED  PUBLIC  ACCOUNTANT  LICENSED  IN  THE  STATE  OF NEW YORK AND
 CARRIED OUT IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS.
   2. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND  JANUARY
 FIRST  OF  EVERY  OTHER YEAR THEREAFTER, THE COORDINATOR SHALL SUBMIT TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER  OF
 THE  ASSEMBLY,  AND  POST  ONLINE,  A  REVIEW OF THE PROGRAM ESTABLISHED
 PURSUANT TO SECTION EIGHT HUNDRED-F  OF  THIS  ARTICLE  AND  INFORMATION
 REGARDING  SUCH PROGRAM'S IMPLEMENTATION, TO THE EXTENT SUCH INFORMATION
 IS AVAILABLE, INCLUDING, BUT NOT LIMITED TO:
   (A) THE ESTIMATED NUMBER OF COVERED INDIVIDUALS IN THE STATE;
   (B)  THE  NUMBER  OF  COVERED  INDIVIDUALS  WHO  HAVE  RECEIVED  LEGAL
 SERVICES,  DISAGGREGATED  BY THE FOLLOWING CHARACTERISTICS OF SUCH INDI-
 VIDUALS:
   (I) GENDER, RACE, ETHNICITY, AND AGE;
   (II) COUNTY AND POSTAL CODE OF RESIDENCE;
   (III) HOUSEHOLD SIZE;
   (IV) ESTIMATED LENGTH OF TENANCY;
   (V) APPROXIMATE HOUSEHOLD INCOME;
 S. 6678--B                          8

   (VI) RECEIPT OF ONGOING PUBLIC  ASSISTANCE  AT  THE  TIME  SUCH  LEGAL
 SERVICES WERE INITIATED;
   (VII) TENANCY IN RENT-REGULATED HOUSING; AND
   (VIII) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL,
 STATE OR LOCAL RENTAL SUBSIDY PROGRAM;
   (C) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE;
   (D) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN
 WHICH  SUCH  ORGANIZATIONS  PROVIDE  SERVICES, AND THE AMOUNT OF FUNDING
 PROVIDED TO EACH;
   (E) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL  REPRE-
 SENTATION,  AS  APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO,
 THE NUMBER OF:
   (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE;
   (II) JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR  RESI-
 DENCE; AND
   (III)  INSTANCES  WHERE  AN ATTORNEY REPRESENTING A COVERED INDIVIDUAL
 WAS DISCHARGED OR WITHDREW;
   (F) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS;
   (G) RESIDENTIAL EVICTIONS CONDUCTED  BY  SHERIFFS  OR  CITY  MARSHALS,
 DISAGGREGATED BY COUNTY;
   (H)  A  LIST  OF  DESIGNATED  COMMUNITY  ORGANIZATIONS, THE GEOGRAPHIC
 REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE  AMOUNT  OF
 FUNDING PROVIDED TO EACH;
   (I)  THE  NUMBER  OF  BUILDINGS  IN  WHICH OUTREACH WAS CONDUCTED, THE
 NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH  WORKSHOPS,
 THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION
 501 (C) (3) OF THE U.S.  INTERNAL REVENUE CODE, AND THE NUMBER OF TRAIN-
 INGS OFFERED; AND
   (J) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR
 ANY FUTURE PROGRAMMATIC IMPROVEMENTS.
   §  3.  Section 701 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. ANY COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED  BY  SECTION
 EIGHT  HUNDRED-C  OF  THIS CHAPTER, SHALL NOTIFY ALL RESPONDENTS BY MAIL
 UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE TRIAL,  OF
 SUCH RESPONDENT'S CIVIL RIGHT TO COUNSEL IN AN EVICTION PROCEEDING UNDER
 ARTICLE SEVEN-C OF THIS CHAPTER.
   §  4. Subdivisions 1 and 2 of section 711 of the real property actions
 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
 of 1963 and subdivision 2 as amended by section 12 of part M of  chapter
 36 of the laws of 2019, are amended to read as follows:
   1.  The  tenant continues in possession of any portion of the premises
 after the expiration of his term, without the permission of the landlord
 or, in a case where a new lessee is entitled to possession, without  the
 permission  of  the new lessee. Acceptance of rent after commencement of
 the special  proceeding  upon  this  ground  shall  not  terminate  such
 proceeding  nor effect any award of possession to the landlord or to the
 new lessee, as  the  case  may  be.  A  proceeding  seeking  to  recover
 possession  of  real  property  by reason of the termination of the term
 fixed in the lease pursuant to a provision contained therein giving  the
 landlord  the right to terminate the time fixed for occupancy under such
 agreement if he deem the tenant objectionable, shall not be maintainable
 unless the landlord shall by competent evidence establish to the  satis-
 faction  of  the  court that the tenant is objectionable.  NO PROCEEDING
 SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY  PETITION
 TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE PETITIONER OR AN AGENT
 S. 6678--B                          9
 
 OF  THE  PETITIONER HAS FILED AN AFFIDAVIT ATTESTING THAT THE PETITIONER
 OR THE PETITIONER'S AGENT  HAS  PROVIDED  THE  RESPONDENT  WITH  WRITTEN
 NOTICE,  IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE, OF
 SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE
 SEVEN-C OF THIS CHAPTER.
   2.  The  tenant  has defaulted in the payment of rent, pursuant to the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,
 has been served upon him as prescribed in section seven hundred  thirty-
 five  of  this  article. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT
 SHALL ACCEPT FILING FOR ANY PETITION FOR NON-PAYMENT OF RENT UNLESS  THE
 WRITTEN  DEMAND  FOR  RENT REQUIRED BY THIS SECTION CONTAINS A NOTICE OF
 THE RESPONDENT'S CIVIL RIGHT TO  COUNSEL  IN  EVICTION  PROCEEDINGS,  AS
 REQUIRED  BY  SUBDIVISION SIX OF SECTION SEVEN HUNDRED FORTY-ONE OF THIS
 ARTICLE. Any person succeeding to the landlord's interest in  the  prem-
 ises  may proceed under this subdivision for rent due his predecessor in
 interest if he has a right thereto. Where a tenant dies during the  term
 of  the  lease and rent due has not been paid and the apartment is occu-
 pied by a person with  a  claim  to  possession,  a  proceeding  may  be
 commenced  naming  the  occupants  of the apartment seeking a possessory
 judgment only as against the estate. Entry of such a judgment  shall  be
 without  prejudice  to  the  possessory claims of the occupants, and any
 warrant issued shall not be effective as against the occupants.
   § 5. Section 713 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 12 to read as follows:
   12.  NO  PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR
 FILING, ANY PETITION TO RECOVER POSSESSION OF REAL PROPERTY  UNLESS  THE
 PETITIONER  OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTEST-
 ING THAT THE PETITIONER OR  THE  PETITIONER'S  AGENT  HAS  PROVIDED  THE
 RESPONDENT  WITH  WRITTEN  NOTICE,  IN  THE  NOTICE  OF PETITION AND ANY
 REQUIRED PREDICATE NOTICE, OF SUCH  RESPONDENT'S  RIGHT  TO  COUNSEL  IN
 EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER.
   §  6.  Section 741 of the real property actions and proceedings law is
 amended by adding three new subdivisions 6, 7 and 8 to read as follows:
   6. NOTIFY THE RESPONDENT OF THE EXISTENCE OF THE CIVIL RIGHT TO  COUN-
 SEL  IN  EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER, AND
 SHALL PROVIDE A PHONE NUMBER, WEBSITE ADDRESS AND OTHER  INFORMATION  TO
 ASSIST THE RESPONDENT IN SECURING COUNSEL.
   7.  STATE  THE  RIGHT  TO  AN  ADJOURNMENT  OF THE PROCEEDINGS UNTIL A
 COVERED INDIVIDUAL, AS DEFINED IN SECTION EIGHT HUNDRED-C OF THIS  CHAP-
 TER, IS ABLE TO RETAIN AND CONSULT WITH COUNSEL.
   8. STATE THAT ANY AND ALL PREDICATE NOTICES SERVED UPON THE RESPONDENT
 INCLUDED  NOTICE  OF  THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS
 UNDER ARTICLE SEVEN-C OF THIS CHAPTER,  AND  PROVIDED  A  PHONE  NUMBER,
 WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECUR-
 ING COUNSEL.
   §  7.  Section 745 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. WHERE A RESPONDENT  WHO  IS  A  COVERED  INDIVIDUAL  UNDER  ARTICLE
 SEVEN-C  OF  THIS  CHAPTER  APPEARS  IN COURT WITHOUT COUNSEL, THE COURT
 SHALL NOTIFY SUCH RESPONDENT ORALLY OF THE CIVIL  RIGHT  TO  COUNSEL  IN
 EVICTION PROCEEDINGS ESTABLISHED BY ARTICLE SEVEN-C OF THIS CHAPTER, AND
 IF SUCH RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL
 AND  PROVIDE  SUFFICIENT  TIME,  NOT  LESS  THAN FOURTEEN DAYS, FOR SUCH
 RESPONDENT TO RETAIN AND CONSULT COUNSEL AND SHALL  GRANT  SUCH  FURTHER
 S. 6678--B                         10
 
 ADJOURNMENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO
 OBTAIN COUNSEL.
   §  8. Subdivisions 1 and 3 of section 749 of the real property actions
 and proceedings law, as amended by section 19 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   1. Upon rendering a final judgment for  petitioner,  the  court  shall
 issue  a warrant directed to the sheriff of the county or to any consta-
 ble or marshal of the city in which the property, or a portion  thereof,
 is  situated,  or,  if it is not situated in a city, to any constable of
 any town in the county, describing the property,  stating  the  earliest
 date  upon which execution may occur pursuant to the order of the court,
 and commanding the officer to remove all persons named in  the  proceed-
 ing,  provided  upon a showing of good cause, the court may issue a stay
 of re-letting or renovation of the premises for a reasonable  period  of
 time.  HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE
 OF A WARRANT OF EVICTION AGAINST A  RESPONDENT  WHO  HAS  DEFAULTED,  OR
 AUTHORIZE  THE  EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT,
 UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDA-
 VIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED
 THE RESPONDENT WITH WRITTEN NOTICE OF THE RESPONDENT'S  CIVIL  RIGHT  TO
 COUNSEL  IN  EVICTION  PROCEEDINGS  IN THE NOTICE OF PETITION AND IN ANY
 PREDICATE NOTICE AS REQUIRED BY SECTIONS  SEVEN  HUNDRED  ELEVEN,  SEVEN
 HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE.
   3.  Nothing  contained  herein shall deprive the court of the power to
 stay or vacate such warrant for good cause shown prior to the  execution
 thereof,  or to restore the tenant to possession subsequent to execution
 of the warrant. THE FAILURE OF THE COURT OR  THE  PETITIONER  TO  COMPLY
 WITH  THE  CIVIL  RIGHT  TO  COUNSEL IN EVICTION PROCEEDINGS PURSUANT TO
 ARTICLE SEVEN-C OF THIS CHAPTER SHALL CONSTITUTE GOOD  CAUSE  TO  VACATE
 SUCH  WARRANT.  In  a  judgment for non-payment of rent, the court shall
 vacate a warrant upon tender or deposit with the court of the full  rent
 due  at  any  time  prior to its execution, unless the petitioner estab-
 lishes that the tenant withheld the rent due in bad faith.    Petitioner
 may  recover  by  action  any sum of money which was payable at the time
 when the special proceeding was commenced and the  reasonable  value  of
 the  use and occupation to the time when the warrant was issued, for any
 period of time with respect to which the agreement  does  not  make  any
 provision for payment of rent.
   § 9. The real property law is amended by adding a new section 235-j to
 read as follows:
   §  235-J.  LEASE  PROVISIONS  WAIVING  RIGHT  TO  COUNSEL  VOID.   ANY
 PROVISION OF A LEASE OR CONTRACT WAIVING OR LIMITING THE RIGHT TO  COUN-
 SEL  IN  EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY
 ACTIONS AND PROCEEDINGS LAW SHALL BE VOID.
   § 10. This act shall take effect immediately; provided, however,  that
 sections  three  through  nine  of  this act shall take effect two years
 after such date.

co-Sponsors

View additional co-sponsors

2021-S6678C (ACTIVE) - Details

See Assembly Version of this Bill:: A7570
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
Versions Introduced in 2023-2024 Legislative Session:: S2721, A1493

2021-S6678C (ACTIVE) - Summary

2021-S6678C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6678C

SPONSOR: MAY
 
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 so 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:

2021: S.6678 REF TO HOUSING/A.7570 Ref to Judiciary

 
EFFECTIVE DATE:
180 days after enactment; sections 3-8 take effect three years after
such date.

2021-S6678C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6678--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BAILEY,  BIAGGI,  BRISPORT,  BROUK, CLEARE,
   COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACK-
   SON, KENNEDY, LIU, MANNION,  MAYER,  MYRIE,  RAMOS,  REICHLIN-MELNICK,
   RIVERA,  SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS, THOMAS -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Housing,  Construction  and  Community  Development  --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Hous-
   ing,  Construction and Community Development in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- 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:
 
   Section  1.  Legislative  findings.    Eviction  proceedings  have   a
 profoundly  disparate  impact  on  low-income individuals and given this
 disparate impact, it is imperative that these  individuals  be  provided
 legal  representation  in  legal  proceedings  that put their housing at
 risk. Additionally, because eviction proceedings can be complex, all New
 Yorkers should be apprised of the process as well as  their  rights  and
 remedies in such proceedings.
   There is a fundamental human right to adequate housing accommodations.
 Safe,  secure,  and  accessible  housing is essential to achieving equal
 access to all other fundamental needs. Without housing, individuals  and
 families  too often cannot preserve family integrity, gain employment or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11311-10-2
 S. 6678--C                          2

 
 other income, or enjoy  access  to  healthcare,  proper  nutrition,  and
 education.
   Eviction  proceedings and displacement as a result of evictions have a
 disparate impact on low-income individuals and particularly  on  low-in-
 come  people  of  color,  who  are disproportionately the respondents in
 eviction proceedings.
   Representation of the people who are most  at  risk  of  losing  their
 homes  in  legal  proceedings  preserves  access  to housing and ensures
 compliance with laws protecting people's  rights  in  such  proceedings.
 Abrupt,  unwarranted,  or  unlawful  evictions disrupt lives and liveli-
 hoods, force people to find housing in a market with a  severe  shortage
 of  affordable  housing  and  often  significantly increases the risk of
 homelessness.  The short- and long-term effects of  housing  instability
 are  devastating to individuals and families and can affect physical and
 mental health, employment and education. Providing legal  assistance  to
 individuals  who  are  most  at  risk  of  housing  instability not only
 protects individuals and families from  these  devastating  effects,  it
 saves  public  funds  that  would  otherwise  be  spent  on shelters and
 services to people experiencing homelessness as well as the  wide  range
 of  detrimental  short- and long-term collateral consequences of housing
 instability.
   § 2. The executive law is amended by adding a new article 29  to  read
 as follows:
                                ARTICLE 29
               NEW YORK STATE OFFICE OF CIVIL REPRESENTATION
 SECTION 827. OFFICE OF CIVIL REPRESENTATION.
         828. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION.
         829. DEFINITIONS.
         830. PROVISION  OF LEGAL REPRESENTATION, LEGAL CONSULTATION, AND
                  COMMUNITY EDUCATION.
   § 827. OFFICE OF CIVIL REPRESENTATION. 1. THERE IS HEREBY  ESTABLISHED
 IN  THE EXECUTIVE DEPARTMENT AN OFFICE OF CIVIL REPRESENTATION TO CREATE
 AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES PURSUANT  TO
 SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE.
   2.  THE  OFFICE  SHALL BE HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE
 APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.
   § 828. POWERS AND DUTIES OF THE OFFICE OF  CIVIL  REPRESENTATION.  THE
 EXECUTIVE DIRECTOR SHALL HAVE THE POWER AND DUTY TO:
   1.  ESTABLISH  A  PROGRAM  TO  PROVIDE  LEGAL REPRESENTATION AND LEGAL
 CONSULTATION INCLUDING ENTERING INTO CONTRACTS AND AGREEMENTS AS MAY  BE
 NECESSARY, IN ACCORDANCE WITH SECTION EIGHT HUNDRED THIRTY OF THIS ARTI-
 CLE;
   2.  PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT  REGARDING  THE
 PROGRAM  CREATED  UNDER  SECTION  EIGHT  HUNDRED THIRTY OF THIS ARTICLE.
 SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO THE  FOLLOWING  INFORMA-
 TION,  DISAGGREGATED  BY COUNTY, PROVIDED, HOWEVER, THAT THE INFORMATION
 SHALL NOT BE REQUIRED FOR EVERY CASE WHERE  THE  INDIVIDUAL  REFUSES  TO
 PROVIDE THE INFORMATION OR THE INFORMATION IS NOT REASONABLY ASCERTAINA-
 BLE:
   (A) THE TOTAL NUMBER OF PEOPLE PROVIDED LEGAL REPRESENTATION AND LEGAL
 CONSULTATION;
   (B)  THE  OUTCOMES  OF THE CASES PROVIDED LEGAL REPRESENTATION AND, TO
 THE EXTENT KNOWN, THE OUTCOMES OF THE CASES PROVIDED LEGAL CONSULTATION;
   (C) GENDER, RACE, ETHNICITY, AND AGE;
   (D) POSTAL CODE OF RESIDENCE;
 S. 6678--C                          3
 
   (E) HOUSEHOLD SIZE;
   (F) ESTIMATED LENGTH OF TENANCY;
   (G) APPROXIMATE HOUSEHOLD INCOME;
   (H)  RECEIPT  OF  ONGOING  PUBLIC  ASSISTANCE  AT  THE TIME SUCH LEGAL
 SERVICES WERE INITIATED;
   (I) TENANCY IN RENT-REGULATED HOUSING;
   (J) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED  THROUGH  A  FEDERAL,
 STATE OR LOCAL RENTAL SUBSIDY PROGRAM;
   (K) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE;
   (L) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN
 WHICH  SUCH  ORGANIZATIONS  PROVIDE  SERVICES, AND THE AMOUNT OF FUNDING
 PROVIDED TO EACH;
   (M) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL  REPRE-
 SENTATION,  AS  APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO,
 THE NUMBER OF:
   (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE;
   (II) JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR  RESI-
 DENCE; AND
   (III)  INSTANCES  WHERE  AN  ATTORNEY  REPRESENTING AN INCOME-ELIGIBLE
 INDIVIDUAL WAS DISCHARGED OR WITHDREW;
   (N) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS;
   (O) RESIDENTIAL EVICTIONS CONDUCTED  BY  SHERIFFS  OR  CITY  MARSHALS,
 DISAGGREGATED BY COUNTY;
   (P)  A  LIST  OF  DESIGNATED  COMMUNITY  ORGANIZATIONS, THE GEOGRAPHIC
 REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE  AMOUNT  OF
 FUNDING PROVIDED TO EACH;
   (Q)  THE  NUMBER  OF  BUILDINGS  IN  WHICH OUTREACH WAS CONDUCTED, THE
 NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH  WORKSHOPS,
 THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION
 501  (C)  (3) OF THE UNITED STATES INTERNAL REVENUE CODE, AND THE NUMBER
 OF TRAININGS OFFERED; AND
   (R) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR
 ANY FUTURE PROGRAMMATIC IMPROVEMENTS.
   3. PROVIDE AN ANNUAL ESTIMATE FOR THE FUNDING NECESSARY FOR THE OPERA-
 TION OF THE PROGRAM UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE;
   4. COORDINATE WITH OTHER PROGRAMS PROVIDING  LEGAL  REPRESENTATION  IN
 COVERED  PROCEEDINGS  TO  ENSURE  EFFICIENCY OF FUNCTIONS AND TO PREVENT
 DUPLICATION OF WORK;
   5. SUBJECT TO AVAILABLE FUNDING, CREATE A PROGRAM  PROVIDING  OUTREACH
 AND EDUCATION THROUGH DESIGNATED LEGAL ORGANIZATIONS, OR OTHER COMMUNITY
 ORGANIZATIONS,  TO  SPREAD AWARENESS OF THE AVAILABILITY OF LEGAL REPRE-
 SENTATION AND LEGAL CONSULTATION BY SUCH DESIGNATED LEGAL ORGANIZATIONS;
   6. CREATE AND MAKE AVAILABLE RESOURCES FOR INDIVIDUALS WITH REGARD  TO
 THEIR  RIGHTS IN CIVIL LEGAL MATTERS REGARDING HOUSING ACCOMMODATIONS IN
 THE LANGUAGES REQUIRED BY LAW AND SUCH ADDITIONAL LANGUAGES  AS  MAY  BE
 NECESSARY; AND
   7.  PROMULGATES ANY RULES, REGULATIONS, AND GUIDANCE NECESSARY FOR THE
 IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE.
   § 829. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "EXECUTIVE  DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE NEW YORK
 STATE OFFICE OF CIVIL REPRESENTATION.
   2. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL REPRESENTATION.
   3. "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS AT RISK OF  LOSING
 THEIR  HOUSING  ACCOMMODATION  IN  A  COVERED  PROCEEDING AND WHO HAS AN
 INCOME AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME  AND,  WHERE
 S. 6678--C                          4
 
 APPLICABLE,  DOES  NOT  OTHERWISE QUALIFY FOR LEGAL REPRESENTATION UNDER
 ANY OTHER PROGRAM PROVIDING INDIVIDUALS LEGAL REPRESENTATION OPERATED OR
 FUNDED BY A MUNICIPALITY, AS WELL AS ANY OTHER INDIVIDUAL MEETING CRITE-
 RIA  DEVELOPED  BY  THE  OFFICE, WHICH MAY INCLUDE BUT NOT BE LIMITED TO
 INDIVIDUALS ELIGIBLE FOR A STAY ON THE ISSUANCE OF A WARRANT OF EVICTION
 UNDER SECTION SEVEN HUNDRED FIFTY-THREE OF THE REAL PROPERTY ACTIONS AND
 PROCEEDINGS LAW.
   4. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT AN INDIVIDUAL OR
 OTHERWISE TERMINATE A TENANCY, ANY OTHER PROCEEDING THAT  IS  LIKELY  TO
 RESULT  IN AN INDIVIDUAL LOSING SUCH INDIVIDUAL'S HOUSING ACCOMMODATION,
 AS DETERMINED BY THE OFFICE, OR A  PROCEEDING  BROUGHT  BY  AN  ELIGIBLE
 INDIVIDUAL TO ENFORCE THE WARRANTY OF HABITABILITY OR IN RESPONSE TO THE
 UNLAWFUL  ACTIONS  OF  A  LANDLORD, AS WELL AS ANY APPEALS FROM ANY SUCH
 PROCEEDINGS.
   5. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION
 OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3)  OF  THE
 UNITED  STATES  INTERNAL  REVENUE  CODE THAT HAS THE CAPACITY TO PROVIDE
 COMPREHENSIVE AND EFFECTIVE LEGAL SERVICES FOR THE  PROGRAM  ESTABLISHED
 UNDER  SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. TO THE EXTENT PRAC-
 TICABLE, SUCH DESIGNATED LEGAL ORGANIZATIONS SHALL BE ORGANIZATIONS THAT
 MAINTAIN A PRACTICE OF FURNISHING FREE OR REDUCED COST LEGAL SERVICES TO
 INDIVIDUALS;  POSSESS  EXPERTISE  IN  THE  AREAS  OF  LAW  FOR   COVERED
 PROCEEDINGS;  HAVE A DEMONSTRATED HISTORY OR PRACTICE WITH REGARD TO THE
 LEGAL ISSUES FACING LOW-INCOME RESIDENTS  OF  THE  STATE  OF  NEW  YORK;
 POSSESS  ADEQUATE  INFRASTRUCTURE  TO PROVIDE CONSISTENT LEGAL REPRESEN-
 TATION AND/OR LEGAL CONSULTATION.
   6. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A  NOT-FOR-PROFIT  ORGAN-
 IZATION  OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3)
 OF THE UNITED STATES INTERNAL REVENUE CODE  THAT  HAS  THE  CAPACITY  TO
 PROVIDE  EDUCATION  IN A PROGRAM ESTABLISHED UNDER SECTION EIGHT HUNDRED
 THIRTY OF THIS ARTICLE.  TO  THE  EXTENT  PRACTICABLE,  SUCH  DESIGNATED
 COMMUNITY  ORGANIZATION  SHALL  MAINTAIN  A  PRACTICE OF FURNISHING FREE
 SERVICES; POSSESS EXPERTISE AND EXPERIENCE IN  COMMUNITY  EDUCATION  AND
 ORGANIZING,  AND  TIES TO THE COMMUNITIES THEY SERVE; DEMONSTRATE EXPER-
 TISE IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING  LOW-IN-
 COME  RESIDENTS  OF THE STATE OF NEW YORK; POSSESS ADEQUATE EXPERTISE TO
 PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVAL-
 UATION, AND STRATEGIC RESPONSE TO EMERGING  OR  CHANGING  NEEDS  IN  THE
 COMMUNITIES SERVED; AND MAINTAIN REASONABLE WORKLOADS AND WORKING CONDI-
 TIONS FOR THEIR STAFF.
    7. "LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED
 BY  A  DESIGNATED  LEGAL  ORGANIZATION  TO  ELIGIBLE INDIVIDUALS AND THE
 PROVISION OF LEGAL ADVICE, ADVOCACY, AND ASSISTANCE, INCLUDING  BUT  NOT
 BE  LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION OF
 PLEADINGS AND MOTIONS ON BEHALF OF ELIGIBLE INDIVIDUALS,  COURT  APPEAR-
 ANCES  ON BEHALF OF ELIGIBLE INDIVIDUALS, PRE- AND POST-TRIAL SETTLEMENT
 CONFERENCES, AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE LEGAL  REPRESEN-
 TATION IN A COVERED PROCEEDING.
   8. "LEGAL CONSULTATION" MEANS THE PROVISION OF LEGAL ADVICE, INCLUDING
 ADVISING  AN  INDIVIDUAL,  WHO  IS  NOT OTHERWISE AN ELIGIBLE INDIVIDUAL
 UNDER THIS SECTION, OF THE APPLICABLE LAWS AND  REMEDIES  PERTAINING  TO
 THE  COVERED PROCEEDING IN WHICH THEY ARE INVOLVED, PROVIDED BY A DESIG-
 NATED LEGAL ORGANIZATION TO AN INDIVIDUAL WHO IS NOT OTHERWISE AN ELIGI-
 BLE INDIVIDUAL.
   9. "HOUSING ACCOMMODATION" MEANS THAT PART OF ANY BUILDING  OR  STRUC-
 TURE  OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR INTENDED,
 S. 6678--C                          5
 
 ARRANGED OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE  INDIVIDUALS
 AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD-
 ING  HOUSE,  LODGING  HOUSE OR HOTEL, AND ALL ESSENTIAL SERVICES, PRIVI-
 LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH
 THE OCCUPATION THEREOF.
   §  830.  PROVISION  OF  LEGAL  REPRESENTATION, LEGAL CONSULTATION, AND
 COMMUNITY EDUCATION.  1. SUBJECT TO AVAILABLE FUNDING AND IN  ACCORDANCE
 WITH THIS ARTICLE, THE OFFICE SHALL DEVELOP PROGRAMS TO PROVIDE:
   (A)   LEGAL REPRESENTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGAN-
 IZATIONS TO ELIGIBLE INDIVIDUALS IN COVERED PROCEEDINGS  THROUGHOUT  THE
 STATE;
   (B)  LEGAL CONSULTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGANIZA-
 TIONS TO INDIVIDUALS NOT ELIGIBLE FOR LEGAL  REPRESENTATION  UNDER  THIS
 ARTICLE  AND  NOT  OTHERWISE  ELIGIBLE  FOR LEGAL CONSULTATION UNDER ANY
 PROGRAM OPERATED OR FUNDED BY A MUNICIPALITY; AND
   (C) COMMUNITY OUTREACH AND EDUCATION THROUGH ONE  OR  MORE  DESIGNATED
 LEGAL  ORGANIZATIONS AND/OR DESIGNATED COMMUNITY ORGANIZATIONS REGARDING
 THE PROGRAMS CREATED HEREIN.
   2. IN CREATING THE PROGRAMS UNDER SUBDIVISION ONE OF THIS SECTION, THE
 EXECUTIVE DIRECTOR SHALL CONSULT WITH THE FOLLOWING:
   (A) TENANTS AND/OR REPRESENTATIVES OF TENANTS,  AND  COMMUNITY  GROUPS
 REPRESENTING LOW-INCOME OR OTHER AT-RISK MEMBERS OF THE COMMUNITY;
   (B) LEGAL AND COMMUNITY-BASED ORGANIZATIONS;
   (C) REPRESENTATIVES OF THE JUDICIARY;
   (D)  REPRESENTATIVES  OF A MUNICIPALITY OPERATING OR FUNDING A PROGRAM
 PROVIDING LEGAL REPRESENTATION, LEGAL CONSULTATION, OR COMMUNITY  EDUCA-
 TION  AND  OUTREACH AND/OR REPRESENTATIVES OF THE ORGANIZATIONS INVOLVED
 IN SUCH PROGRAMS; AND
   (E) ANY OTHER ORGANIZATIONS OR INDIVIDUALS  AS  MAY  BE  NECESSARY  AS
 DETERMINED BY THE EXECUTIVE DIRECTOR.
   3.  THE  OFFICE  SHALL  POST  ON ITS WEBSITE INFORMATION REGARDING THE
 PROGRAMS CREATED UNDER THIS SECTION INCLUDING HOW INDIVIDUALS  MAY  FIND
 SERVICES AVAILABLE IN THEIR GEOGRAPHIC AREA.
   4. THE OFFICE SHALL HOLD ONE OR MORE HEARINGS OR LISTENING SESSIONS IN
 EACH  REGION  OF  THE  STATE ON AN ANNUAL BASIS TO EVALUATE THE PROGRAMS
 CREATED PURSUANT TO THIS SECTION AND TO INCORPORATE ANY NECESSARY CHANG-
 ES TO SUCH PROGRAMS.
   § 3. Section 701 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  ANY  COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION
 EIGHT HUNDRED  TWENTY-NINE  OF  THE  EXECUTIVE  LAW,  SHALL  NOTIFY  ALL
 RESPONDENTS  BY  MAIL  UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN
 DAYS BEFORE TRIAL, OF THE ABILITY  TO  OBTAIN  LEGAL  REPRESENTATION  OR
 LEGAL  CONSULTATION,  AS  APPLICABLE,  PURSUANT TO SECTION EIGHT HUNDRED
 THIRTY OF THE EXECUTIVE LAW.
   § 4. Subdivisions 1 and 2 of section 711 of the real property  actions
 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
 of  1963 and subdivision 2 as amended by section 12 of part M of chapter
 36 of the laws of 2019, are amended to read as follows:
   1. The tenant continues in possession of any portion of  the  premises
 after the expiration of his term, without the permission of the landlord
 or,  in a case where a new lessee is entitled to possession, without the
 permission of the new lessee. Acceptance of rent after  commencement  of
 the  special  proceeding  upon  this  ground  shall  not  terminate such
 proceeding nor effect any award of possession to the landlord or to  the
 new  lessee,  as  the  case  may  be.  A  proceeding  seeking to recover
 S. 6678--C                          6
 
 possession of real property by reason of the  termination  of  the  term
 fixed  in the lease pursuant to a provision contained therein giving the
 landlord the right to terminate the time fixed for occupancy under  such
 agreement if he deem the tenant objectionable, shall not be maintainable
 unless  the landlord shall by competent evidence establish to the satis-
 faction of the court that the tenant is objectionable.    NO  PROCEEDING
 SHALL  BE MAINTAINED UNLESS THE COURT HAS NOTIFIED  AN INDIVIDUAL OF THE
 ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS  APPLI-
 CABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW.
   2.  The  tenant  has defaulted in the payment of rent, pursuant to the
 agreement under which the premises are held, and a written demand of the
 rent has been made with at least fourteen days' notice requiring, in the
 alternative, the payment of the rent, or the possession of the premises,
 has been served upon him as prescribed in section seven hundred  thirty-
 five of this article. NO PROCEEDING SHALL BE MAINTAINED UNLESS THE COURT
 HAS NOTIFIED AN INDIVIDUAL OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION
 OR  LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED
 THIRTY OF THE EXECUTIVE LAW. Any person  succeeding  to  the  landlord's
 interest in the premises may proceed under this subdivision for rent due
 his  predecessor  in  interest if he has a right thereto. Where a tenant
 dies during the term of the lease and rent due has not been paid and the
 apartment is occupied by a person with a claim to possession, a proceed-
 ing may be commenced naming the occupants of  the  apartment  seeking  a
 possessory judgment only as against the estate. Entry of such a judgment
 shall  be  without  prejudice to the possessory claims of the occupants,
 and any warrant issued shall not be effective as against the occupants.
   § 5. Section 713 of the real property actions and proceedings  law  is
 amended by adding a new subdivision 12 to read as follows:
   12.  NO  PROCEEDING SHALL BE MAINTAINED, UNLESS THE COURT HAS PROVIDED
 THE RESPONDENT WITH WRITTEN NOTICE OF THE ABILITY OF THE  RESPONDENT  TO
 OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSU-
 ANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW.
   §  6.  Section 745 of the real property actions and proceedings law is
 amended by adding a new subdivision 3 to read as follows:
   3. WHERE A RESPONDENT WHO IS AN ELIGIBLE  INDIVIDUAL,  AS  DEFINED  IN
 SUBDIVISION  THREE OF SECTION EIGHT HUNDRED TWENTY-NINE OF THE EXECUTIVE
 LAW, APPEARS IN COURT WITHOUT  COUNSEL,  THE  COURT  SHALL  NOTIFY  SUCH
 RESPONDENT ORALLY OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION PURSUANT
 TO  SECTION  EIGHT  HUNDRED  THIRTY  OF  THE  EXECUTIVE LAW, AND IF SUCH
 RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL  ADJOURN  THE  TRIAL  AND
 PROVIDE  SUFFICIENT TIME, NOT LESS THAN FOURTEEN DAYS, FOR SUCH RESPOND-
 ENT TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER  ADJOURN-
 MENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO OBTAIN
 COUNSEL.
   §  7. Subdivisions 1 and 3 of section 749 of the real property actions
 and proceedings law, as amended by section 19 of part M of chapter 36 of
 the laws of 2019, are amended to read as follows:
   1. Upon rendering a final judgment for  petitioner,  the  court  shall
 issue  a warrant directed to the sheriff of the county or to any consta-
 ble or marshal of the city in which the property, or a portion  thereof,
 is  situated,  or,  if it is not situated in a city, to any constable of
 any town in the county, describing the property,  stating  the  earliest
 date  upon which execution may occur pursuant to the order of the court,
 and commanding the officer to remove all persons named in  the  proceed-
 ing,  provided  upon a showing of good cause, the court may issue a stay
 of re-letting or renovation of the premises for a reasonable  period  of
 S. 6678--C                          7
 
 time.  HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE
 OF A WARRANT OF EVICTION AGAINST A  RESPONDENT  WHO  HAS  DEFAULTED,  OR
 AUTHORIZE  THE  EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT,
 UNLESS  THE COURT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF THE
 RESPONDENT'S  ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL  CONSULTA-
 TION,  AS  APPLICABLE,  PURSUANT  TO SECTION EIGHT HUNDRED THIRTY OF THE
 EXECUTIVE LAW IN EVICTION PROCEEDINGS IN THE NOTICE REQUIRED BY SECTIONS
 SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FORTY-ONE AND SEVEN  HUNDRED  FORTY-
 FIVE OF THIS ARTICLE.
   3.  Nothing  contained  herein shall deprive the court of the power to
 stay or vacate such warrant for good cause shown prior to the  execution
 thereof,  or to restore the tenant to possession subsequent to execution
 of the warrant. THE FAILURE OF THE COURT  TO  ADVISE  AN  INDIVIDUAL  OF
 THEIR  ABILITY  TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS
 APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY  OF  THE  EXECUTIVE
 LAW  IN  AN  EVICTION  PROCEEDING SHALL CONSTITUTE GOOD CAUSE TO STAY OR
 VACATE SUCH WARRANT. In a judgment for non-payment of  rent,  the  court
 shall vacate a warrant upon tender or deposit with the court of the full
 rent  due  at  any  time  prior  to its execution, unless the petitioner
 establishes that the tenant withheld the rent due in bad faith.    Peti-
 tioner  may  recover by action any sum of money which was payable at the
 time when the special proceeding was commenced and the reasonable  value
 of  the  use and occupation to the time when the warrant was issued, for
 any period of time with respect to which the agreement does not make any
 provision for payment of rent.
   § 8. The real property law is amended by adding a new section 235-j to
 read as follows:
   § 235-J.  LEASE  PROVISIONS  WAIVING  RIGHT  TO  COUNSEL  VOID.    ANY
 PROVISION  OF  A  LEASE  OR  CONTRACT  WAIVING OR OTHERWISE LIMITING THE
 TENANT'S ABILITY TO OBTAIN LEGAL REPRESENTATION  OR  LEGAL  CONSULTATION
 UNDER  SECTION  EIGHT  HUNDRED  THIRTY  OF  THE EXECUTIVE LAW, AS MAY BE
 APPLICABLE, SHALL BE VOID AND UNENFORCEABLE.
   § 9. Severability clause. If any provision of this act, or any  appli-
 cation  of  any  provision  of  this  act,  is held to be invalid, or to
 violate  or be inconsistent with any  federal  law  or  regulation, that
 shall not affect the validity or effectiveness of any other provision of
 this  act,  which can be given effect without that provision or applica-
 tion; and to that end, the provisions and applications of this act   are
 severable.
   §  10.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law; provided, however, that sections three
 through eight of this act shall take effect three years after such date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6678C

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Bill Amendments

co-Sponsors

2021-S6678 - Details

2021-S6678 - Summary

2021-S6678 - Sponsor Memo

2021-S6678 - Bill Text download pdf

co-Sponsors

2021-S6678A - Details

2021-S6678A - Summary

2021-S6678A - Sponsor Memo

2021-S6678A - Bill Text download pdf

co-Sponsors

2021-S6678B - Details

2021-S6678B - Summary

2021-S6678B - Sponsor Memo

2021-S6678B - Bill Text download pdf

co-Sponsors

2021-S6678C (ACTIVE) - Details

2021-S6678C (ACTIVE) - Summary

2021-S6678C (ACTIVE) - Sponsor Memo

2021-S6678C (ACTIVE) - Bill Text download pdf

Comments