STATE OF NEW YORK ________________________________________________________________________ 2721 2023-2024 Regular Sessions IN SENATE January 24, 2023 ___________ Introduced by Sens. MAY, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK- SON, KENNEDY, LIU, MANNION, MAYER, MYRIE, RAMOS, 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 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: 1 Section 1. Legislative findings. Eviction proceedings have a 2 profoundly disparate impact on low-income individuals and given this 3 disparate impact, it is imperative that these individuals be provided 4 legal representation in legal proceedings that put their housing at 5 risk. 6 There is a fundamental human right to adequate housing accommodations. 7 Safe, secure, and accessible housing is essential to achieving equal 8 access to all other fundamental needs. Without housing, individuals and 9 families too often cannot preserve family integrity, gain employment or 10 other income, or enjoy access to healthcare, proper nutrition, and 11 education. 12 Eviction proceedings and displacement as a result of evictions have a 13 disparate impact on low-income individuals and particularly on low-in- 14 come people of color, who are disproportionately the respondents in 15 eviction proceedings. 16 Representation of people who are at risk of losing their homes in 17 legal proceedings preserves access to housing and ensures compliance 18 with laws protecting people's rights in such proceedings. Abrupt, unwar- 19 ranted, or unlawful evictions disrupt lives and livelihoods, force EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00496-02-3
S. 2721 2 1 people to find housing in a market with a severe shortage of affordable 2 housing and often significantly increases the risk of homelessness. The 3 short- and long-term effects of housing instability are devastating to 4 individuals and families and can affect physical and mental health, 5 employment and education. Providing a right to counsel to individuals 6 who are most at risk of housing instability not only protects individ- 7 uals and families from these devastating effects, it saves public funds 8 that would otherwise be spent on shelters and services to people experi- 9 encing homelessness as well as the wide range of detrimental short- and 10 long-term collateral consequences of housing instability. 11 § 2. The executive law is amended by adding a new article 29 to read 12 as follows: 13 ARTICLE 29 14 NEW YORK STATE OFFICE OF CIVIL REPRESENTATION 15 Section 827. Right to counsel in eviction proceedings. 16 828. Office of civil representation. 17 829. Powers and duties of the office of civil representation. 18 830. Definitions. 19 831. Provision of legal representation and community education. 20 § 827. Right to counsel in eviction proceedings. The civil right to 21 full representation by counsel in covered proceedings for eligible indi- 22 viduals is hereby created. 23 § 828. Office of civil representation. 1. There is hereby established 24 in the executive department an office of civil representation to create 25 and implement a program to provide a right to counsel pursuant to 26 section eight hundred twenty-nine of this article. 27 2. The office shall be headed by an executive director who shall be 28 appointed by the governor with the advice and consent of the senate. 29 § 829. Powers and duties of the office of civil representation. The 30 executive director shall have the power and duty to: 31 1. establish a program to provide legal representation including 32 entering into contracts and agreements as may be necessary, in accord- 33 ance with section eight hundred thirty-one of this article; 34 2. prepare and submit to the governor, the temporary president of the 35 senate, and the speaker of the assembly an annual financial audit of the 36 program's activities, prepared by a certified public accountant licensed 37 in the state of New York and carried out in accordance with generally 38 accepted auditing standards; and an annual report regarding the program 39 created under section eight hundred thirty-one of this article. Such 40 report shall include but not be limited to the following information, 41 disaggregated by county, provided, however, that the information shall 42 not be required for every case where the individual refuses to provide 43 the information or the information is not reasonably ascertainable: 44 (a) the total number of people provided legal representation and the 45 total number of people not provided legal representation and the reasons 46 why representation was not provided; 47 (b) the outcomes of the cases provided legal representation; 48 (c) gender, race, ethnicity, and age; 49 (d) postal code of residence; 50 (e) household size; 51 (f) estimated length of tenancy; 52 (g) approximate household income; 53 (h) receipt of ongoing public assistance at the time such legal 54 services were initiated; 55 (i) tenancy in rent-regulated housing;
S. 2721 3 1 (j) tenancy in housing operated by or subsidized through a federal, 2 state or local rental subsidy program; 3 (k) legal services provided by type of legal issue; 4 (l) a list of designated legal organizations, the geographic region in 5 which such organizations provide services, and the amount of funding 6 provided to each; 7 (m) outcomes immediately following the provision of full legal repre- 8 sentation, as applicable and available, including, but not limited to, 9 the number of: 10 (i) judgments and stipulated agreements allowing individuals to remain 11 in their residence; 12 (ii) judgments and stipulated agreements requiring individuals to be 13 displaced from their residence; and 14 (iii) instances where an attorney representing an income-eligible 15 individual was discharged or withdrew; 16 (n) a list of landlords involved in eviction proceedings; 17 (o) residential evictions conducted by sheriffs or city marshals, 18 disaggregated by county; 19 (p) a list of designated community organizations, the geographic 20 region in which such organizations provide services, and the amount of 21 funding provided to each; 22 (q) the number of buildings in which outreach was conducted, the 23 number of workshops offered, the number of attendees at such workshops, 24 the number of people referred to non-profits having status under section 25 501 (C) (3) of the United States internal revenue code, and the number 26 of trainings offered; and 27 (r) an evaluation of implementation challenges and recommendations for 28 any future programmatic improvements. 29 3. provide an annual estimate for the funding necessary for the opera- 30 tion of the program under section eight hundred thirty-one of this arti- 31 cle; 32 4. coordinate with other programs providing legal representation in 33 covered proceedings to ensure efficiency of functions and to prevent 34 duplication of work; 35 5. create a program providing outreach and education through desig- 36 nated community organizations, to spread awareness of the availability 37 of legal representation by designated legal organizations. With the 38 support of the executive director and adequate funding, designated 39 community organizations shall be responsible for engaging and educating 40 tenants of their rights in eviction proceedings, including but not 41 limited to: hosting trainings and other workshops for tenants; distrib- 42 uting written information to tenants; assisting tenants in forming and 43 maintaining tenant associations; referring tenants to designated legal 44 organizations; and other activities to engage, educate, or inform 45 tenants of their rights in eviction proceedings. Engagement and educa- 46 tion shall be provided in designated statewide languages; 47 6. create and make available resources for individuals with regard to 48 their rights in civil legal matters regarding housing accommodations in 49 the languages required by law and such additional languages as may be 50 necessary; and 51 7. promulgates any rules, regulations, and guidance necessary for the 52 implementation of the provisions of this article. 53 § 830. Definitions. For the purposes of this article, the following 54 terms shall have the following meanings: 55 1. "executive director" means the executive director of the New York 56 state office of civil representation.
S. 2721 4 1 2. "office" means the New York state office of civil representation. 2 3. "eligible individual" means an individual who is at risk of losing 3 their housing accommodation in a covered proceeding. An individual 4 becomes eligible when that individual (a) becomes the subject of a pred- 5 icate notice in a covered proceeding; or (b) is a party, or has standing 6 to be a party, in a covered proceeding; or (c) has been determined by a 7 designated legal organization to be a person reasonably anticipated to 8 become a party in a covered proceeding, whichever occurs earlier. 9 4. "covered proceeding" means any proceeding to evict an individual or 10 otherwise terminate a tenancy, any other proceeding that is likely to 11 result in an individual losing such individual's housing accommodation, 12 including an administrative proceeding to terminate a housing subsidy 13 and any additional proceeding as determined by the office, or a proceed- 14 ing brought by an eligible individual to enforce the warranty of habita- 15 bility, or in response to an unlawful eviction, or in response to the 16 unlawful actions of a landlord, as well as any appeals from any such 17 proceedings. 18 5. "designated legal organization" means a not-for-profit organization 19 or association having non-profit status under section 501(C)(3) of the 20 United States internal revenue code that has the capacity to provide 21 comprehensive and effective legal services for the program established 22 under section eight hundred thirty of this article. To the extent prac- 23 ticable, such designated legal organizations shall be organizations that 24 maintain a practice of furnishing free or reduced cost legal services to 25 individuals; possess expertise in the areas of law for covered 26 proceedings; have a demonstrated history or practice with regard to the 27 legal issues facing low-income residents of the state of New York; 28 provide consistent, high quality supervision, oversight, training, eval- 29 uation, and strategic response to emerging or changing needs in the 30 communities served; and maintain reasonable workloads and working condi- 31 tions for their staff. 32 6. "designated community organization" means a not-for-profit organ- 33 ization or association having non-profit status under section 501(C)(3) 34 of the United States internal revenue code that has the capacity to 35 provide education in a program established under section eight hundred 36 thirty-one of this article. To the extent practicable, such designated 37 community organization shall maintain a practice of furnishing free 38 services; possess expertise and experience in community education and 39 organizing, and ties to the communities they serve; demonstrate exper- 40 tise in recognizing and responding to the housing issues facing low-in- 41 come residents of the state of New York; possess adequate expertise to 42 provide consistent, high quality supervision, oversight, training, eval- 43 uation, and strategic response to emerging or changing needs in the 44 communities served; and maintain reasonable workloads and working condi- 45 tions for their staff. 46 7. "legal representation" means ongoing legal representation provided 47 by a designated legal organization to eligible individuals and the 48 provision of legal advice, advocacy, and assistance, including but not 49 be limited to: filing a notice of appearance, filing and preparation of 50 pleadings and motions on behalf of eligible individuals, court appear- 51 ances on behalf of eligible individuals, pre- and post-trial settlement 52 conferences, and any other activities needed to provide legal represen- 53 tation in a covered proceeding. 54 8. "housing accommodation" means that part of any building or struc- 55 ture or any part thereof, permanent or temporary, occupied or intended, 56 arranged or designed to be used or occupied, by one or more individuals
S. 2721 5 1 as a residence, home, dwelling unit or apartment, sleeping place, board- 2 ing house, lodging house or hotel, and all essential services, privi- 3 leges, furnishings, furniture and facilities supplied in connection with 4 the occupation thereof. 5 § 831. Provision of legal representation and community education. 1. 6 In accordance with this article, the office shall develop programs to 7 guarantee and deliver: 8 (a) legal representation through one or more designated legal organ- 9 izations to eligible individuals in covered proceedings throughout the 10 state; and 11 (b) community outreach and education through one or more designated 12 community organizations regarding the programs created herein. 13 2. In creating the programs under subdivision one of this section, the 14 executive director shall consult with the following: 15 (a) tenants and/or representatives of tenants, and community groups 16 representing low-income or other at-risk members of the community; 17 (b) legal and community-based organizations; 18 (c) representatives of the judiciary; 19 (d) representatives of a municipality operating or funding a program 20 providing legal representation, legal consultation, or community educa- 21 tion and outreach and/or representatives of the organizations involved 22 in such programs; and 23 (e) any other organizations or individuals as may be necessary as 24 determined by the executive director. 25 3. The office shall post on its website information regarding the 26 programs created under this section including how individuals may find 27 services available in their geographic area. 28 4. The office shall hold one or more hearings or listening sessions in 29 each region of the state on an annual basis to evaluate the programs 30 created pursuant to this section and to incorporate any necessary chang- 31 es to such programs. 32 § 3. Section 701 of the real property actions and proceedings law is 33 amended by adding a new subdivision 3 to read as follows: 34 3. Any court maintaining a covered proceeding, as defined by section 35 eight hundred thirty of the executive law, shall notify all respondents 36 by mail upon filing of a petition, not less than fourteen days before 37 trial, of the right to obtain legal representation pursuant to section 38 eight hundred thirty-one of the executive law. 39 § 4. The opening paragraph of section 711 of the real property actions 40 and proceedings law, as amended by section 12 of part M of chapter 36 of 41 the laws of 2019, is amended to read as follows: 42 A tenant shall include an occupant of one or more rooms in a rooming 43 house or a resident, not including a transient occupant, of one or more 44 rooms in a hotel who has been in possession for thirty consecutive days 45 or longer. No tenant or lawful occupant of a dwelling or housing accom- 46 modation shall be removed from possession except in a special proceed- 47 ing. No special proceeding shall be maintained under any provision of 48 this section unless the court has notified an individual of the right to 49 obtain legal representation pursuant to section eight hundred thirty-one 50 of the executive law. A special proceeding may be maintained under this 51 article upon the following grounds: 52 § 5. Section 713 of the real property actions and proceedings law is 53 amended by adding a new subdivision 12 to read as follows: 54 12. No proceeding shall be maintained under this section, unless the 55 court has provided the respondent with written notice of the right of 56 the respondent to obtain legal representation pursuant to section eight
S. 2721 6 1 hundred thirty-one of the executive law, in the manner prescribed in 2 section seven hundred forty-five of this article. Any ten-day notice to 3 quit served pursuant to this section shall provide notice of the 4 respondent's right to obtain legal representation under section eight 5 hundred thirty-one of the executive law. 6 § 6. Section 713-a of the real property actions and proceedings law, 7 as amended by chapter 628 of the laws of 1982, is amended to read as 8 follows: 9 § 713-a. Special proceeding for termination of adult home and resi- 10 dence for adults admission agreements. A special proceeding to terminate 11 the admission agreement of a resident of an adult home or residence for 12 adults and discharge a resident therefrom may be maintained in a court 13 of competent jurisdiction pursuant to the provisions of section four 14 hundred sixty-one-h of the social services law and nothing contained in 15 such section shall be construed to create a relationship of landlord and 16 tenant between the operator of an adult home or residence for adults and 17 a resident thereof. No proceeding shall be maintained under this 18 section, unless the court has provided the respondent with written 19 notice of the right of the respondent to obtain legal representation 20 pursuant to section eight hundred thirty-one of the executive law. 21 § 7. Section 715 of the real property actions and proceedings law is 22 amended by adding a new subdivision 6 to read as follows: 23 6. No proceeding shall be maintained under any provision of this 24 section, unless the court has provided the respondent with written 25 notice of the right of the respondent to obtain legal representation 26 pursuant to section eight hundred thirty-one of the executive law. 27 § 8. Section 731 of the real property actions and proceedings law is 28 amended by adding a new subdivision 5 to read as follows: 29 5. No special proceeding prescribed by this article shall be main- 30 tained unless the notice of petition has provided the respondent with 31 written notice of the right of the respondent to obtain legal represen- 32 tation pursuant to section eight hundred thirty-one of the executive 33 law. 34 § 9. Section 745 of the real property actions and proceedings law is 35 amended by adding a new subdivision 3 to read as follows: 36 3. Where a respondent who is an eligible individual, as defined in 37 subdivision three of section eight hundred thirty of the executive law, 38 appears in court without counsel, the court shall notify such respondent 39 orally of their right to obtain legal representation pursuant to section 40 eight hundred thirty-one of the executive law, and if such respondent 41 would like counsel, the court shall adjourn the trial and provide suffi- 42 cient time, not less than thirty days, for such respondent to retain and 43 consult counsel and shall grant such further adjournments for not less 44 than thirty days each as are necessary for such respondent to retain and 45 consult counsel. 46 § 10. Subdivisions 1 and 3 of section 749 of the real property actions 47 and proceedings law, as amended by section 19 of part M of chapter 36 of 48 the laws of 2019, are amended to read as follows: 49 1. Upon rendering a final judgment for petitioner, the court shall 50 issue a warrant directed to the sheriff of the county or to any consta- 51 ble or marshal of the city in which the property, or a portion thereof, 52 is situated, or, if it is not situated in a city, to any constable of 53 any town in the county, describing the property, stating the earliest 54 date upon which execution may occur pursuant to the order of the court, 55 and commanding the officer to remove all persons named in the proceed- 56 ing, provided upon a showing of good cause, the court may issue a stay
S. 2721 7 1 of re-letting or renovation of the premises for a reasonable period of 2 time. However, no court shall issue a judgment authorizing the issuance 3 of a warrant of eviction against a respondent who has defaulted, or 4 authorize the execution of an eviction pursuant to a default judgment, 5 unless the court has provided the respondent with written notice of the 6 respondent's right to obtain legal representation pursuant to section 7 eight hundred thirty-one of the executive law in eviction proceedings in 8 the notice required by sections seven hundred eleven, seven hundred 9 forty-one and seven hundred forty-five of this article. 10 3. Nothing contained herein shall deprive the court of the power to 11 stay or vacate such warrant for good cause shown prior to the execution 12 thereof, or to restore the tenant to possession subsequent to execution 13 of the warrant. The failure of the court to advise tenants of their 14 right to obtain legal representation pursuant to section eight hundred 15 thirty-one of the executive law in an eviction proceeding shall consti- 16 tute good cause to stay or vacate such warrant. In a judgment for non- 17 payment of rent, the court shall vacate a warrant upon tender or deposit 18 with the court of the full rent due at any time prior to its execution, 19 unless the petitioner establishes that the tenant withheld the rent due 20 in bad faith. [Petitioner may recover by action] The court may not 21 order recovery by the petitioner of any sum of money which was payable 22 at the time when the special proceeding was commenced and the reasonable 23 value of the use and occupation to the time when the warrant was issued, 24 for any period of time with respect to which the agreement does not make 25 any provision for payment of rent, in any proceeding pending appointment 26 of legal representation pursuant to section eight hundred thirty-one of 27 the executive law. 28 § 11. Subdivision 1 of section 746 of the real property actions and 29 proceedings law, as amended by chapter 725 of the laws of 2021, is 30 amended to read as follows: 31 1. In any proceeding under this article, if a stipulation is made, on 32 the occasion of a court appearance in the proceeding, setting forth an 33 agreement between the parties, other than a stipulation solely to 34 adjourn or stay the proceeding, and either the petitioner or the 35 respondent is not represented by counsel, the court shall fully describe 36 the terms of the stipulation to that party on the record. If the 37 respondent is not represented by counsel and the respondent is an eligi- 38 ble individual, as defined in subdivision three of section eight hundred 39 thirty of the executive law, the court shall notify such respondent 40 orally of their right to obtain legal representation pursuant to section 41 eight hundred thirty-one of the executive law, and if such respondent 42 would like counsel, the court shall cease the allocution and adjourn the 43 trial and provide sufficient time, not less than thirty days, for such 44 respondent to retain and consult counsel and shall grant such further 45 adjournments for not less than thirty days each as are necessary for 46 such respondent to retain and consult counsel. 47 § 12. The real property law is amended by adding a new section 235-j 48 to read as follows: 49 § 235-j. Lease provisions waiving right to counsel void. Any 50 provision of a lease or contract waiving or otherwise limiting the 51 tenant's right to obtain legal representation under section eight 52 hundred thirty-one of the executive law shall be void and unenforceable. 53 § 13. The real property law is amended by adding a new section 235-k 54 to read as follows: 55 § 235-k. Lease provisions shall provide notice of the right to coun- 56 sel. Any lease or contract for rental of residential property shall
S. 2721 8 1 provide notice of the tenant's right to legal representation under 2 section eight hundred thirty-one of the executive law. 3 § 14. Severability clause. If any provision of this act, or any appli- 4 cation of any provision of this act, is held to be invalid, or to 5 violate or be inconsistent with any federal law or regulation, that 6 shall not affect the validity or effectiveness of any other provision of 7 this act, which can be given effect without that provision or applica- 8 tion; and to that end, the provisions and applications of this act are 9 severable. 10 § 15. This act shall take effect on the one hundred eightieth day 11 after it shall have become a law; provided, however, that sections three 12 through thirteen of this act shall take effect five years after such 13 date.