S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1493
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Judiciary
 
 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  a  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.    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.
   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.
   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  people  who  are  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, unwar-
 ranted,  or  unlawful  evictions  disrupt  lives  and livelihoods, 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00496-02-3
              

 A. 1493                             2
 
 employment  and  education.  Providing a right to counsel to individuals
 who are most at risk of housing instability not only  protects  individ-
 uals  and families from these devastating effects, it saves public funds
 that would otherwise be spent on shelters and services to people experi-
 encing  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. RIGHT TO COUNSEL IN EVICTION PROCEEDINGS.
         828. OFFICE OF CIVIL REPRESENTATION.
         829. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION.
         830. DEFINITIONS.
         831. PROVISION OF LEGAL REPRESENTATION AND COMMUNITY EDUCATION.
   §  827.  RIGHT TO COUNSEL IN EVICTION PROCEEDINGS.  THE CIVIL RIGHT TO
 FULL REPRESENTATION BY COUNSEL IN COVERED PROCEEDINGS FOR ELIGIBLE INDI-
 VIDUALS IS HEREBY CREATED.
   § 828. 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  A  RIGHT  TO  COUNSEL  PURSUANT  TO
 SECTION EIGHT HUNDRED TWENTY-NINE 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.
   § 829. 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 INCLUDING
 ENTERING INTO CONTRACTS AND AGREEMENTS AS MAY BE NECESSARY,  IN  ACCORD-
 ANCE WITH SECTION EIGHT HUNDRED THIRTY-ONE OF THIS ARTICLE;
   2.  PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY 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; AND AN ANNUAL REPORT REGARDING THE PROGRAM
 CREATED UNDER SECTION EIGHT HUNDRED THIRTY-ONE OF THIS  ARTICLE.    SUCH
 REPORT  SHALL  INCLUDE  BUT NOT BE LIMITED TO THE FOLLOWING INFORMATION,
 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 ASCERTAINABLE:
   (A) THE TOTAL NUMBER OF PEOPLE PROVIDED LEGAL REPRESENTATION  AND  THE
 TOTAL NUMBER OF PEOPLE NOT PROVIDED LEGAL REPRESENTATION AND THE REASONS
 WHY REPRESENTATION WAS NOT PROVIDED;
   (B) THE OUTCOMES OF THE CASES PROVIDED LEGAL REPRESENTATION;
   (C) GENDER, RACE, ETHNICITY, AND AGE;
   (D) POSTAL CODE OF RESIDENCE;
   (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;
 A. 1493                             3
 
   (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 AND STIPULATED AGREEMENTS ALLOWING INDIVIDUALS TO REMAIN
 IN THEIR RESIDENCE;
   (II)  JUDGMENTS  AND STIPULATED AGREEMENTS REQUIRING INDIVIDUALS TO BE
 DISPLACED FROM THEIR RESIDENCE; 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-ONE OF THIS ARTI-
 CLE;
   4.  COORDINATE  WITH  OTHER PROGRAMS PROVIDING LEGAL REPRESENTATION IN
 COVERED PROCEEDINGS TO ENSURE EFFICIENCY OF  FUNCTIONS  AND  TO  PREVENT
 DUPLICATION OF WORK;
   5.  CREATE  A  PROGRAM PROVIDING OUTREACH AND EDUCATION THROUGH DESIG-
 NATED COMMUNITY ORGANIZATIONS, TO SPREAD AWARENESS OF  THE  AVAILABILITY
 OF  LEGAL  REPRESENTATION  BY DESIGNATED LEGAL ORGANIZATIONS.   WITH THE
 SUPPORT OF THE  EXECUTIVE  DIRECTOR  AND  ADEQUATE  FUNDING,  DESIGNATED
 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; DISTRIB-
 UTING  WRITTEN  INFORMATION TO TENANTS; ASSISTING TENANTS IN FORMING 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;
   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.
   §  830.  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.    AN  INDIVIDUAL
 A. 1493                             4
 
 BECOMES ELIGIBLE WHEN THAT INDIVIDUAL (A) BECOMES THE SUBJECT OF A PRED-
 ICATE NOTICE IN A COVERED PROCEEDING; OR (B) IS A PARTY, OR HAS STANDING
 TO  BE A PARTY, IN A COVERED PROCEEDING; OR (C) HAS BEEN DETERMINED BY A
 DESIGNATED  LEGAL  ORGANIZATION TO BE A PERSON REASONABLY ANTICIPATED TO
 BECOME A PARTY IN A COVERED PROCEEDING, WHICHEVER OCCURS EARLIER.
   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,
 INCLUDING AN ADMINISTRATIVE PROCEEDING TO TERMINATE  A  HOUSING  SUBSIDY
 AND ANY ADDITIONAL PROCEEDING AS DETERMINED BY THE OFFICE, OR A PROCEED-
 ING BROUGHT BY AN ELIGIBLE INDIVIDUAL TO ENFORCE THE WARRANTY OF HABITA-
 BILITY,  OR  IN  RESPONSE TO AN UNLAWFUL EVICTION, 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;
 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.
   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-ONE  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.  "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-
 A. 1493                             5

 LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH
 THE OCCUPATION THEREOF.
   §  831. PROVISION OF LEGAL REPRESENTATION AND COMMUNITY EDUCATION.  1.
 IN ACCORDANCE WITH THIS ARTICLE, THE OFFICE SHALL  DEVELOP  PROGRAMS  TO
 GUARANTEE AND DELIVER:
   (A)   LEGAL REPRESENTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGAN-
 IZATIONS TO ELIGIBLE INDIVIDUALS IN COVERED PROCEEDINGS  THROUGHOUT  THE
 STATE; AND
   (B)  COMMUNITY  OUTREACH  AND EDUCATION THROUGH ONE OR MORE 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 THIRTY OF THE EXECUTIVE LAW, SHALL NOTIFY ALL  RESPONDENTS
 BY  MAIL  UPON  FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE
 TRIAL, OF THE RIGHT TO OBTAIN LEGAL REPRESENTATION PURSUANT  TO  SECTION
 EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   § 4. The opening paragraph of section 711 of the real property actions
 and proceedings law, as amended by section 12 of part M of chapter 36 of
 the laws of 2019, is amended to read as follows:
   A  tenant  shall include an occupant of one or more rooms in a rooming
 house or a resident, not including a transient occupant, of one or  more
 rooms  in a hotel who has been in possession for thirty consecutive days
 or longer.  No tenant or lawful occupant of a dwelling or housing accom-
 modation shall be removed from possession except in a  special  proceed-
 ing.    NO SPECIAL PROCEEDING SHALL BE MAINTAINED UNDER ANY PROVISION OF
 THIS SECTION UNLESS THE COURT HAS NOTIFIED AN INDIVIDUAL OF THE RIGHT TO
 OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION EIGHT HUNDRED THIRTY-ONE
 OF THE EXECUTIVE LAW. A special proceeding may be maintained under  this
 article upon the following grounds:
   §  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 UNDER THIS SECTION,  UNLESS  THE
 COURT  HAS  PROVIDED  THE RESPONDENT WITH WRITTEN NOTICE OF THE RIGHT OF
 THE RESPONDENT TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION  EIGHT
 HUNDRED  THIRTY-ONE  OF  THE  EXECUTIVE LAW, IN THE MANNER PRESCRIBED IN
 SECTION SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE. ANY TEN-DAY NOTICE  TO
 A. 1493                             6
 
 QUIT  SERVED  PURSUANT  TO  THIS  SECTION  SHALL  PROVIDE  NOTICE OF THE
 RESPONDENT'S RIGHT TO OBTAIN LEGAL REPRESENTATION  UNDER  SECTION  EIGHT
 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   §  6.  Section 713-a of the real property actions and proceedings law,
 as amended by chapter 628 of the laws of 1982, is  amended  to  read  as
 follows:
   §  713-a.  Special  proceeding for termination of adult home and resi-
 dence for adults admission agreements. A special proceeding to terminate
 the admission agreement of a resident of an adult home or residence  for
 adults  and  discharge a resident therefrom may be maintained in a court
 of competent jurisdiction pursuant to the  provisions  of  section  four
 hundred  sixty-one-h of the social services law and nothing contained in
 such section shall be construed to create a relationship of landlord and
 tenant between the operator of an adult home or residence for adults and
 a resident thereof.   NO  PROCEEDING  SHALL  BE  MAINTAINED  UNDER  THIS
 SECTION,  UNLESS  THE  COURT  HAS  PROVIDED  THE RESPONDENT WITH WRITTEN
 NOTICE OF THE RIGHT OF THE RESPONDENT  TO  OBTAIN  LEGAL  REPRESENTATION
 PURSUANT TO SECTION EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   §  7.  Section 715 of the real property actions and proceedings law is
 amended by adding a new subdivision 6 to read as follows:
   6. NO PROCEEDING SHALL BE  MAINTAINED  UNDER  ANY  PROVISION  OF  THIS
 SECTION,  UNLESS  THE  COURT  HAS  PROVIDED  THE RESPONDENT WITH WRITTEN
 NOTICE OF THE RIGHT OF THE RESPONDENT  TO  OBTAIN  LEGAL  REPRESENTATION
 PURSUANT TO SECTION EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
   §  8.  Section 731 of the real property actions and proceedings law is
 amended by adding a new subdivision 5 to read as follows:
   5. NO SPECIAL PROCEEDING PRESCRIBED BY THIS  ARTICLE  SHALL  BE  MAIN-
 TAINED  UNLESS  THE  NOTICE OF PETITION HAS PROVIDED THE RESPONDENT WITH
 WRITTEN NOTICE OF THE RIGHT OF THE RESPONDENT TO OBTAIN LEGAL  REPRESEN-
 TATION  PURSUANT  TO  SECTION  EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE
 LAW.
   § 9. 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 THIRTY OF THE EXECUTIVE  LAW,
 APPEARS IN COURT WITHOUT COUNSEL, THE COURT SHALL NOTIFY SUCH RESPONDENT
 ORALLY OF THEIR RIGHT TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION
 EIGHT  HUNDRED  THIRTY-ONE  OF THE EXECUTIVE LAW, AND IF SUCH RESPONDENT
 WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL AND PROVIDE SUFFI-
 CIENT TIME, NOT LESS THAN THIRTY DAYS, FOR SUCH RESPONDENT TO RETAIN AND
 CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER ADJOURNMENTS FOR  NOT  LESS
 THAN THIRTY DAYS EACH AS ARE NECESSARY FOR SUCH RESPONDENT TO RETAIN AND
 CONSULT COUNSEL.
   § 10. 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
 A. 1493                             7
 
 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    RIGHT TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION
 EIGHT HUNDRED THIRTY-ONE 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  TENANTS  OF  THEIR
 RIGHT  TO  OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION EIGHT HUNDRED
 THIRTY-ONE OF THE EXECUTIVE LAW IN AN EVICTION PROCEEDING SHALL  CONSTI-
 TUTE  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.   [Petitioner may recover by action]  THE  COURT  MAY  NOT
 ORDER  RECOVERY  BY THE PETITIONER OF 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, IN ANY PROCEEDING PENDING APPOINTMENT
 OF LEGAL REPRESENTATION PURSUANT TO SECTION EIGHT HUNDRED THIRTY-ONE  OF
 THE EXECUTIVE LAW.
   §  11.  Subdivision  1 of section 746 of the real property actions and
 proceedings law, as amended by chapter 725  of  the  laws  of  2021,  is
 amended to read as follows:
   1.  In any proceeding under this article, if a stipulation is made, on
 the occasion of a court appearance in the proceeding, setting  forth  an
 agreement  between  the  parties,  other  than  a  stipulation solely to
 adjourn or stay  the  proceeding,  and  either  the  petitioner  or  the
 respondent is not represented by counsel, the court shall fully describe
 the  terms  of  the  stipulation  to  that  party  on the record. IF THE
 RESPONDENT IS NOT REPRESENTED BY COUNSEL AND THE RESPONDENT IS AN ELIGI-
 BLE INDIVIDUAL, AS DEFINED IN SUBDIVISION THREE OF SECTION EIGHT HUNDRED
 THIRTY OF THE EXECUTIVE   LAW, THE COURT SHALL  NOTIFY  SUCH  RESPONDENT
 ORALLY OF THEIR RIGHT TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION
 EIGHT  HUNDRED  THIRTY-ONE  OF THE EXECUTIVE LAW, AND IF SUCH RESPONDENT
 WOULD LIKE COUNSEL, THE COURT SHALL CEASE THE ALLOCUTION AND ADJOURN THE
 TRIAL AND PROVIDE SUFFICIENT TIME, NOT LESS THAN THIRTY DAYS,  FOR  SUCH
 RESPONDENT  TO  RETAIN  AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER
 ADJOURNMENTS FOR NOT LESS THAN THIRTY DAYS EACH  AS  ARE  NECESSARY  FOR
 SUCH RESPONDENT TO RETAIN AND CONSULT COUNSEL.
   §  12.  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 RIGHT  TO  OBTAIN  LEGAL  REPRESENTATION  UNDER  SECTION  EIGHT
 HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW SHALL BE VOID AND UNENFORCEABLE.
   §  13.  The real property law is amended by adding a new section 235-k
 to read as follows:
   § 235-K. LEASE PROVISIONS SHALL PROVIDE NOTICE OF THE RIGHT  TO  COUN-
 SEL.  ANY  LEASE  OR  CONTRACT  FOR RENTAL OF RESIDENTIAL PROPERTY SHALL
 PROVIDE NOTICE OF THE  TENANT'S  RIGHT  TO  LEGAL  REPRESENTATION  UNDER
 SECTION EIGHT HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW.
 A. 1493                             8
 
   § 14. 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.
   § 15. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law; provided, however, that sections three
 through  thirteen  of  this  act shall take effect five years after such
 date.