BILL NUMBER: S9357
SPONSOR: SEPULVEDA
 
TITLE OF BILL:
An act to amend the real property actions and proceedings law and the
judiciary law, in relation to establishing a fundamental right to coun-
sel for all respondents facing housing court eviction proceedings in the
state of New York
 
PURPOSE:
To establish a fundamental right to counsel for all respondents facing
housing court eviction proceedings in the state of New York
 
SUMMARY OF PROVISIONS:
Sections 1: This act is named the "New York State Right to Counsel Act"
Section 2: Legislative intent.
Section 3: Section 111 of the Real Property Actions and Proceedings Law
is amended to add subdivisions 6-12 defining terms such as housing
court, respondent, unrepresented, summary proceeding, counsel/legal
counsel, residential real property, and right to counsel for the
purposes of clarifying later sections of the bill.
Section 4: The Real Property Actions and Proceedings Law is amended to
add Section 745-a outlining the right to counsel and automatic adjourn-
ments in eviction proceedings. Subsection 1 of Section 745-a describes
the universal eligibility of respondents in housing court cases.
Subsection 2 details that the court must grant a one-month adjournment
to unrepresented respondents. Subsection 3a specifies that this mandato-
ry is unconditional. Subsection 3b states that additional adjournments
must be given if the respondent can prove attempts to obtain free legal
aid or pro bono counsel and a denial or refusal by legal organizations
to take on the case. Respondents who show this proof must be given an
additional adjournment of fourteen days. Subsection 4 explains the
reasoning behind these adjournments. Subsection 5 mandates that the
court notify respondents verbally and in writing of their right to coun-
sel and include, any legal aid or pro bono legal resources at the
respondent's disposal. Subsection 6 explains the valid way that a
respondent can decline their right to counsel and proceed forward with
the case.
Section 5: The Judiciary Law is amended to add a new Section 39-c which
would prohibit housing court judges from proceeding on the merits of a
case with an unrepresented respondent until either the respondent has
legal counsel or has validly forfeited their right to counsel
(Subsection 1). Subsection 2 would prohibit any warrant of eviction,
final possession of judgment, or default judgment from being issued
unless the court has complied with the requirements of this section.
Section 6: Sets forth the effective date of one year after becoming law.
 
JUSTIFICATION:
Eviction proceedings disproportionately impact and displace low-middle
income people and people of color from their homes and communities.
Housing is a core necessity that affects one's ability to maintain their
family, employment, health, etc. Eviction proceedings without represen-
tation exact a toll on the physical, mental, developmental, and finan-
cial well-beings of all those who would be forced to vacate a unit in a
case that results in an eviction.
Respondents without legal representation are significantly more likely
than those with legal representation to be evicted and experience home-
lessness. Respondents without legal representation are also more likely
to sign stipulations without understanding their potentially negative
ramifications. Landlords, much more often than Respondents, have access
to legal representation due to increased access to capital. Access to
counsel in housing court cases is essential to upholding fundamental
rights to due process in this country. Across New York state, there is a
significant shortage in pro bono housing attorneys available to defend
Respondents. However, there is no shortage of housing court defendants
facing eviction.
 
LEGISLATIVE HISTORY:
New Bill.
 
EFFECTIVE DATE:
1 year after it is signed into law.

Statutes affected:
S9357: 111 real property actions and proceedings law