NY State Senate Bill 2023-S3254

Current 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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to housing, construction and community development
Jan 30, 2023	referred to housing, construction and community development

co-Sponsors

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2023-S3254 (ACTIVE) - Details

See Assembly Version of this Bill:: A4993
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §745, RPAP L

2023-S3254 (ACTIVE) - Summary

Provides that in any jurisdiction in which a party is eligible under local law for free legal counsel, if such party has in good faith attempted to secure such counsel and is unable to obtain counsel through no fault of their own, the court shall adjourn the trial of the issue for consecutive periods of not less than fourteen days each until the party is able to secure counsel.

2023-S3254 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3254

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the real property actions and proceedings law, in
relation to adjournments relating to right to counsel

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure parties to an eviction proceeding have an adequate opportunity
to secure counsel when access to counsel is guaranteed under local law.

 
SUMMARY OF PROVISIONS:

Section 1 provides a right to consecutive adjournments of not less than
fourteen days each when an unrepresented party to an eviction proceeding
is eligible under local law for free legal counsel and has attempted in
good faith to secure that counsel but has been unable to obtain counsel
through no fault of their own. The adjournments continue until the party
is able to secure counsel.

Section 2 ensures that the adjournments provided by section one of the
bill do not count against an unrepresented party for the purposes of
RPAPL § 745(2)(a).

Section 3 establishes the effective date.

 
JUSTIFICATION:

Under local law, tenants in New York City earning less than 200 percent
of the federal poverty level are entitled to free legal representation
in an eviction proceeding. N.Y.C. Ad. Code Title 26 Chapter 13. Despite
this guarantee, less than ten percent of tenants in housing court had a
lawyer in September and October of 2022.  Evictions are being filed and
calendared at a much faster rate than legal services providers can
handle. Landlords filed about 2,100 new evictions each week between
April and October 2022, the highest rate since the start of the COVID-19
pandemic. The shortage of legal counsel disproportionately affects
communities of color, where 82 percent of evictions are filed.

This bill will ensure that when local governments provide a right to
counsel, it is not an empty process. It will require courts to honor the
right to counsel by adjourning eviction proceedings until any party
entitled to counsel has an opportunity obtain that counsel

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to actions and
proceedings pending on and after such date.

2023-S3254 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3254
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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,  in
   relation to adjournments relating to right to counsel

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 745 of the real  property  actions
 and proceedings law, as amended by section 17 of part M of chapter 36 of
 the laws of 2019, is amended to read as follows:
   1. (A) Where triable issues of fact are raised, they shall be tried by
 the  court  unless,  at  the time the petition is noticed to be heard, a
 party demands a trial by jury, in which case trial shall be by jury.  At
 the  time when issue is joined the court, at the request of either party
 shall adjourn the trial of the  issue,  not  less  than  fourteen  days,
 except by consent of all parties. A party's second or subsequent request
 for  adjournment,  EXCEPT  AS PROVIDED BY PARAGRAPH (B) OF THIS SUBDIVI-
 SION, shall be granted in the court's sole discretion.
   (B) IN ANY JURISDICTION IN WHICH A PARTY MAY BE ELIGIBLE  UNDER  LOCAL
 LAW  FOR FREE LEGAL COUNSEL, THE COURT SHALL NOTIFY SUCH PARTY ORALLY OF
 THEIR ABILITY TO OBTAIN FREE LEGAL COUNSEL PURSUANT TO LOCAL  LAW,  AND,
 IF  SUCH  PARTY  ELECTS TO OBTAIN, THE COURT SHALL ADJOURN THE TRIAL FOR
 NOT LESS THAN THIRTY DAYS FOR SUCH PARTY TO RETAIN AND  CONSULT  COUNSEL
 AND  SHALL GRANT SUCH FURTHER ADJOURNMENTS FOR NOT LESS THAN THIRTY DAYS
 EACH AS ARE NECESSARY FOR SUCH PARTY TO RETAIN AND CONSULT COUNSEL.
   § 2. Paragraph (a) of subdivision 2 of section 745 of the real proper-
 ty actions and proceedings law, as amended by section 17 of  part  M  of
 chapter 36 of the laws of 2019, is amended to read as follows:
   (a) In a summary proceeding upon the second of two adjournments grant-
 ed  solely  at  the request of the respondent, or, upon the sixtieth day
 after the first appearance of the parties in court less  any  days  that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07342-01-3

 S. 3254                             2
 
 the  proceeding  has  been adjourned upon the request of the petitioner,
 counting only days attributable to adjournment requests made  solely  at
 the  request  of  the respondent and not counting an initial adjournment
 requested  by  a  respondent unrepresented by counsel for the purpose of
 securing counsel, whichever occurs sooner, the court may, upon consider-
 ation of the equities, direct that the  respondent,  upon  a  motion  on
 notice  made  by  the petitioner, deposit with the court sums of rent or
 use and occupancy that shall  accrue  subsequent  to  the  date  of  the
 court's order, which may be established without the use of expert testi-
 mony.  The court shall not order deposit or payment of use and occupancy
 where the respondent can establish, to the  satisfaction  of  the  court
 that respondent has properly interposed one of the following defenses or
 established the following grounds:
   (i) the petitioner is not a proper party to the proceeding pursuant to
 section seven hundred twenty-one of this article; or
   (ii)  (A)  actual  eviction,  or  (B)  actual partial eviction, or (C)
 constructive eviction; and respondent has quit the premises; or
   (iii) a defense pursuant to section one hundred forty-three-b  of  the
 social services law; or
   (iv)  a  defense  based upon the existence of hazardous or immediately
 hazardous violations of the housing  maintenance  code  in  the  subject
 apartment or common areas; or
   (v) a colorable defense of rent overcharge; or
   (vi) a defense that the unit is in violation of the building's certif-
 icate  of  occupancy or is otherwise illegal under the multiple dwelling
 law or the New York city housing maintenance code; or
   (vii) the court lacks personal jurisdiction over the respondent.
   Two adjournments shall not  include  an  adjournment  requested  by  a
 respondent  unrepresented by counsel for the purpose of securing counsel
 made on a return date of the proceeding, INCLUDING AN ADJOURNMENT PURSU-
 ANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION.  Such  rent  or
 use and occupancy sums shall be deposited with the clerk of the court or
 paid  to  such  other  person  or entity, including the petitioner or an
 agent designated by the division of housing and  community  renewal,  as
 the  court  shall direct or shall be expended for such emergency repairs
 as the court shall approve.
   § 3. This act shall take effect immediately and shall apply to actions
 and proceedings pending on and after such date.

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Senate Bill S3254

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

2023-S3254 (ACTIVE) - Details

2023-S3254 (ACTIVE) - Summary

2023-S3254 (ACTIVE) - Sponsor Memo

2023-S3254 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3254

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Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

co-Sponsors

2023-S3254 (ACTIVE) - Details

2023-S3254 (ACTIVE) - Summary

2023-S3254 (ACTIVE) - Sponsor Memo

2023-S3254 (ACTIVE) - Bill Text download pdf

Comments