S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4669
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 Introduced  by  M.  of A. SOLAGES, BORES, SIMON, DAVILA, GONZALEZ-ROJAS,
   DINOWITZ, SHRESTHA, ROSENTHAL, PAULIN, HUNTER, RAGA, FORREST,  SIMONE,
   KELLES,   EPSTEIN,   CLARK,  McDONOUGH,  BURDICK,  MAMDANI,  MITAYNES,
   R. CARROLL, MEEKS, TAYLOR, SEAWRIGHT, WALKER, BENEDETTO, KIM, HYNDMAN,
   ZACCARO,  NOVAKHOV,  GIBBS,  CRUZ,  LEVENBERG,  GLICK,  DE LOS SANTOS,
   STIRPE,  REYES,  JACOBSON,  HEVESI, OTIS, SHIMSKY, SEPTIMO, GALLAGHER,
   BRONSON, CUNNINGHAM, CHANDLER-WATERMAN, JACKSON, WEPRIN, TAPIA, RAMOS,
   ALVAREZ, ZINERMAN, EACHUS, WOERNER, ANDERSON -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07730-01-5
 A. 4669                             2
              

 
   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,
 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;
 A. 4669                             3

   (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 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.
 A. 4669                             4
 
   §  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
 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
 A. 4669                             5

 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-
 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 1 of part II of chapter 56 of
 the laws of 2024, 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. A tenant shall not include a squatter. For  the  purposes  of
 this  section,  a  squatter is a person who enters onto or intrudes upon
 real  property  without  the  permission  of  the  person  entitled   to
 possession, and continues to occupy the property without title, right or
 permission  of  the  owner  or  owner's  agent  or  a person entitled to
 possession. In the event of a conflict between the provisions  regarding
 squatters  of  this  section  and the provisions of subdivision three of
 A. 4669                             6
 
 section seven hundred  thirteen  of  this  article,  the  provisions  of
 section  seven hundred thirteen of this article shall be controlling. No
 tenant or lawful occupant of a dwelling or housing  accommodation  shall
 be  removed  from possession except in a special proceeding.  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 EXEC-
 UTIVE  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
 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
 A. 4669                             7
 
 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
 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
 A. 4669                             8
 
 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 two new sections
 235-k and 235-l to read as follows:
   § 235-K.  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.
   §  235-L.  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.
   § 13. 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.
   § 14. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law; provided, however, that sections three
 through twelve of this act shall take effect five years after such date.