Taylor, Glick, Seawright, Simone, Gallagher, Shimsky, De Los Santos, Levenberg, Hevesi, Shrestha,
Zaccaro, Davila, Forrest, Epstein, Gonzalez-Rojas, Mamdani
MLTSPNSR
Simon
Amd §745, RPAP L
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.
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.
