New York Assembly Bill A01576 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 1576 2025-2026 Regular Sessions  IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL, TAYLOR, GLICK, SEAWRIGHT, SIMONE, GALLAGHER, SHIMSKY, DE LOS SANTOS, LEVENBERG, HEVESI, SHRESTHA, ZACCA- RO, DAVILA, FORREST, EPSTEIN, GONZALEZ-ROJAS, MAMDANI -- Multi-Spon- sored by -- M. of A. SIMON -- read once and referred to the Committee on Judiciary 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: 1 Section 1. Subdivision 1 of section 745 of the real property actions 2 and proceedings law, as amended by section 17 of part M of chapter 36 of 3 the laws of 2019, is amended to read as follows: 4 1. (a) Where triable issues of fact are raised, they shall be tried by 5 the court unless, at the time the petition is noticed to be heard, a 6 party demands a trial by jury, in which case trial shall be by jury. At 7 the time when issue is joined the court, at the request of either party 8 shall adjourn the trial of the issue, not less than fourteen days, 9 except by consent of all parties. A party's second or subsequent request 10 for adjournment, except as provided by paragraph (b) of this subdivi- 11 sion, shall be granted in the court's sole discretion. 12 (b) In any jurisdiction in which a party may be eligible under local 13 law for free legal counsel, the court shall notify such party orally of 14 their ability to obtain free legal counsel pursuant to local law, and, 15 if such party elects to obtain, the court shall adjourn the trial for 16 not less than thirty days for such party to retain and consult counsel 17 and shall grant such further adjournments for not less than thirty days 18 each as are necessary for such party to retain and consult counsel. 19 § 2. Paragraph (a) of subdivision 2 of section 745 of the real proper- 20 ty actions and proceedings law, as amended by section 17 of part M of 21 chapter 36 of the laws of 2019, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04669-01-5 
 A. 1576 2 1 (a) In a summary proceeding upon the second of two adjournments grant- 2 ed solely at the request of the respondent, or, upon the sixtieth day 3 after the first appearance of the parties in court less any days that 4 the proceeding has been adjourned upon the request of the petitioner, 5 counting only days attributable to adjournment requests made solely at 6 the request of the respondent and not counting an initial adjournment 7 requested by a respondent unrepresented by counsel for the purpose of 8 securing counsel, whichever occurs sooner, the court may, upon consider- 9 ation of the equities, direct that the respondent, upon a motion on 10 notice made by the petitioner, deposit with the court sums of rent or 11 use and occupancy that shall accrue subsequent to the date of the 12 court's order, which may be established without the use of expert testi- 13 mony. The court shall not order deposit or payment of use and occupancy 14 where the respondent can establish, to the satisfaction of the court 15 that respondent has properly interposed one of the following defenses or 16 established the following grounds: 17 (i) the petitioner is not a proper party to the proceeding pursuant to 18 section seven hundred twenty-one of this article; or 19 (ii) (A) actual eviction, or (B) actual partial eviction, or (C) 20 constructive eviction; and respondent has quit the premises; or 21 (iii) a defense pursuant to section one hundred forty-three-b of the 22 social services law; or 23 (iv) a defense based upon the existence of hazardous or immediately 24 hazardous violations of the housing maintenance code in the subject 25 apartment or common areas; or 26 (v) a colorable defense of rent overcharge; or 27 (vi) a defense that the unit is in violation of the building's certif- 28 icate of occupancy or is otherwise illegal under the multiple dwelling 29 law or the New York city housing maintenance code; or 30 (vii) the court lacks personal jurisdiction over the respondent. 31 Two adjournments shall not include an adjournment requested by a 32 respondent unrepresented by counsel for the purpose of securing counsel 33 made on a return date of the proceeding, including an adjournment pursu- 34 ant to paragraph (b) of subdivision one of this section. Such rent or 35 use and occupancy sums shall be deposited with the clerk of the court or 36 paid to such other person or entity, including the petitioner or an 37 agent designated by the division of housing and community renewal, as 38 the court shall direct or shall be expended for such emergency repairs 39 as the court shall approve. 40 § 3. This act shall take effect immediately and shall apply to actions 41 and proceedings pending on and after such date.