Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings; requires that eligible individuals be given notice of their ability to obtain legal representation or legal consultation.
STATE OF NEW YORK
________________________________________________________________________
6678--C
2021-2022 Regular Sessions
IN SENATE
May 11, 2021
___________
Introduced by Sens. MAY, BAILEY, BIAGGI, BRISPORT, BROUK, CLEARE,
COMRIE, COONEY, GIANARIS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACK-
SON, KENNEDY, LIU, MANNION, MAYER, MYRIE, RAMOS, REICHLIN-MELNICK,
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 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- recommitted to the Committee on Hous-
ing, Construction and Community Development in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 access to
legal services 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. Additionally, because eviction proceedings can be complex, all New
6 Yorkers should be apprised of the process as well as their rights and
7 remedies in such proceedings.
8 There is a fundamental human right to adequate housing accommodations.
9 Safe, secure, and accessible housing is essential to achieving equal
10 access to all other fundamental needs. Without housing, individuals and
11 families too often cannot preserve family integrity, gain employment or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11311-10-2
S. 6678--C 2
1 other income, or enjoy access to healthcare, proper nutrition, and
2 education.
3 Eviction proceedings and displacement as a result of evictions have a
4 disparate impact on low-income individuals and particularly on low-in-
5 come people of color, who are disproportionately the respondents in
6 eviction proceedings.
7 Representation of the people who are most at risk of losing their
8 homes in legal proceedings preserves access to housing and ensures
9 compliance with laws protecting people's rights in such proceedings.
10 Abrupt, unwarranted, or unlawful evictions disrupt lives and liveli-
11 hoods, force people to find housing in a market with a severe shortage
12 of affordable housing and often significantly increases the risk of
13 homelessness. The short- and long-term effects of housing instability
14 are devastating to individuals and families and can affect physical and
15 mental health, employment and education. Providing legal assistance to
16 individuals who are most at risk of housing instability not only
17 protects individuals and families from these devastating effects, it
18 saves public funds that would otherwise be spent on shelters and
19 services to people experiencing homelessness as well as the wide range
20 of detrimental short- and long-term collateral consequences of housing
21 instability.
22 § 2. The executive law is amended by adding a new article 29 to read
23 as follows:
24 ARTICLE 29
25 NEW YORK STATE OFFICE OF CIVIL REPRESENTATION
26 Section 827. Office of civil representation.
27 828. Powers and duties of the office of civil representation.
28 829. Definitions.
29 830. Provision of legal representation, legal consultation, and
30 community education.
31 § 827. Office of civil representation. 1. There is hereby established
32 in the executive department an office of civil representation to create
33 and implement a program to provide access to legal services pursuant to
34 section eight hundred twenty-eight of this article.
35 2. The office shall be headed by an executive director who shall be
36 appointed by the governor with the advice and consent of the senate.
37 § 828. Powers and duties of the office of civil representation. The
38 executive director shall have the power and duty to:
39 1. establish a program to provide legal representation and legal
40 consultation including entering into contracts and agreements as may be
41 necessary, in accordance with section eight hundred thirty of this arti-
42 cle;
43 2. prepare and submit to the governor, the temporary president of the
44 senate, and the speaker of the assembly an annual report regarding the
45 program created under section eight hundred thirty of this article.
46 Such report shall include but not be limited to the following informa-
47 tion, disaggregated by county, provided, however, that the information
48 shall not be required for every case where the individual refuses to
49 provide the information or the information is not reasonably ascertaina-
50 ble:
51 (a) the total number of people provided legal representation and legal
52 consultation;
53 (b) the outcomes of the cases provided legal representation and, to
54 the extent known, the outcomes of the cases provided legal consultation;
55 (c) gender, race, ethnicity, and age;
56 (d) postal code of residence;
S. 6678--C 3
1 (e) household size;
2 (f) estimated length of tenancy;
3 (g) approximate household income;
4 (h) receipt of ongoing public assistance at the time such legal
5 services were initiated;
6 (i) tenancy in rent-regulated housing;
7 (j) tenancy in housing operated by or subsidized through a federal,
8 state or local rental subsidy program;
9 (k) legal services provided by type of legal issue;
10 (l) a list of designated legal organizations, the geographic region in
11 which such organizations provide services, and the amount of funding
12 provided to each;
13 (m) outcomes immediately following the provision of full legal repre-
14 sentation, as applicable and available, including, but not limited to,
15 the number of:
16 (i) judgments allowing individuals to remain in their residence;
17 (ii) judgments requiring individuals to be displaced from their resi-
18 dence; and
19 (iii) instances where an attorney representing an income-eligible
20 individual was discharged or withdrew;
21 (n) a list of landlords involved in eviction proceedings;
22 (o) residential evictions conducted by sheriffs or city marshals,
23 disaggregated by county;
24 (p) a list of designated community organizations, the geographic
25 region in which such organizations provide services, and the amount of
26 funding provided to each;
27 (q) the number of buildings in which outreach was conducted, the
28 number of workshops offered, the number of attendees at such workshops,
29 the number of people referred to non-profits having status under section
30 501 (C) (3) of the United States internal revenue code, and the number
31 of trainings offered; and
32 (r) an evaluation of implementation challenges and recommendations for
33 any future programmatic improvements.
34 3. provide an annual estimate for the funding necessary for the opera-
35 tion of the program under section eight hundred thirty of this article;
36 4. coordinate with other programs providing legal representation in
37 covered proceedings to ensure efficiency of functions and to prevent
38 duplication of work;
39 5. subject to available funding, create a program providing outreach
40 and education through designated legal organizations, or other community
41 organizations, to spread awareness of the availability of legal repre-
42 sentation and legal consultation by such designated legal organizations;
43 6. create and make available resources for individuals with regard to
44 their rights in civil legal matters regarding housing accommodations in
45 the languages required by law and such additional languages as may be
46 necessary; and
47 7. promulgates any rules, regulations, and guidance necessary for the
48 implementation of the provisions of this article.
49 § 829. Definitions. For the purposes of this article, the following
50 terms shall have the following meanings:
51 1. "executive director" means the executive director of the New York
52 state office of civil representation.
53 2. "office" means the New York state office of civil representation.
54 3. "eligible individual" means an individual who is at risk of losing
55 their housing accommodation in a covered proceeding and who has an
56 income at or below eighty percent of the area median income and, where
S. 6678--C 4
1 applicable, does not otherwise qualify for legal representation under
2 any other program providing individuals legal representation operated or
3 funded by a municipality, as well as any other individual meeting crite-
4 ria developed by the office, which may include but not be limited to
5 individuals eligible for a stay on the issuance of a warrant of eviction
6 under section seven hundred fifty-three of the real property actions and
7 proceedings law.
8 4. "covered proceeding" means any proceeding to evict an individual or
9 otherwise terminate a tenancy, any other proceeding that is likely to
10 result in an individual losing such individual's housing accommodation,
11 as determined by the office, or a proceeding brought by an eligible
12 individual to enforce the warranty of habitability or in response to the
13 unlawful actions of a landlord, as well as any appeals from any such
14 proceedings.
15 5. "designated legal organization" means a not-for-profit organization
16 or association having non-profit status under section 501(C)(3) of the
17 United States internal revenue code that has the capacity to provide
18 comprehensive and effective legal services for the program established
19 under section eight hundred thirty of this article. To the extent prac-
20 ticable, such designated legal organizations shall be organizations that
21 maintain a practice of furnishing free or reduced cost legal services to
22 individuals; possess expertise in the areas of law for covered
23 proceedings; have a demonstrated history or practice with regard to the
24 legal issues facing low-income residents of the state of New York;
25 possess adequate infrastructure to provide consistent legal represen-
26 tation and/or legal consultation.
27 6. "designated community organization" means a not-for-profit organ-
28 ization or association having non-profit status under section 501(C)(3)
29 of the United States internal revenue code that has the capacity to
30 provide education in a program established under section eight hundred
31 thirty of this article. To the extent practicable, such designated
32 community organization shall maintain a practice of furnishing free
33 services; possess expertise and experience in community education and
34 organizing, and ties to the communities they serve; demonstrate exper-
35 tise in recognizing and responding to the housing issues facing low-in-
36 come residents of the state of New York; possess adequate expertise to
37 provide consistent, high quality supervision, oversight, training, eval-
38 uation, and strategic response to emerging or changing needs in the
39 communities served; and maintain reasonable workloads and working condi-
40 tions for their staff.
41 7. "legal representation" means ongoing legal representation provided
42 by a designated legal organization to eligible individuals and the
43 provision of legal advice, advocacy, and assistance, including but not
44 be limited to: filing a notice of appearance, filing and preparation of
45 pleadings and motions on behalf of eligible individuals, court appear-
46 ances on behalf of eligible individuals, pre- and post-trial settlement
47 conferences, and any other activities needed to provide legal represen-
48 tation in a covered proceeding.
49 8. "legal consultation" means the provision of legal advice, including
50 advising an individual, who is not otherwise an eligible individual
51 under this section, of the applicable laws and remedies pertaining to
52 the covered proceeding in which they are involved, provided by a desig-
53 nated legal organization to an individual who is not otherwise an eligi-
54 ble individual.
55 9. "housing accommodation" means that part of any building or struc-
56 ture or any part thereof, permanent or temporary, occupied or intended,
S. 6678--C 5
1 arranged or designed to be used or occupied, by one or more individuals
2 as a residence, home, dwelling unit or apartment, sleeping place, board-
3 ing house, lodging house or hotel, and all essential services, privi-
4 leges, furnishings, furniture and facilities supplied in connection with
5 the occupation thereof.
6 § 830. Provision of legal representation, legal consultation, and
7 community education. 1. Subject to available funding and in accordance
8 with this article, the office shall develop programs to provide:
9 (a) legal representation through one or more designated legal organ-
10 izations to eligible individuals in covered proceedings throughout the
11 state;
12 (b) legal consultation through one or more designated legal organiza-
13 tions to individuals not eligible for legal representation under this
14 article and not otherwise eligible for legal consultation under any
15 program operated or funded by a municipality; and
16 (c) community outreach and education through one or more designated
17 legal organizations and/or designated community organizations regarding
18 the programs created herein.
19 2. In creating the programs under subdivision one of this section, the
20 executive director shall consult with the following:
21 (a) tenants and/or representatives of tenants, and community groups
22 representing low-income or other at-risk members of the community;
23 (b) legal and community-based organizations;
24 (c) representatives of the judiciary;
25 (d) representatives of a municipality operating or funding a program
26 providing legal representation, legal consultation, or community educa-
27 tion and outreach and/or representatives of the organizations involved
28 in such programs; and
29 (e) any other organizations or individuals as may be necessary as
30 determined by the executive director.
31 3. The office shall post on its website information regarding the
32 programs created under this section including how individuals may find
33 services available in their geographic area.
34 4. The office shall hold one or more hearings or listening sessions in
35 each region of the state on an annual basis to evaluate the programs
36 created pursuant to this section and to incorporate any necessary chang-
37 es to such programs.
38 § 3. Section 701 of the real property actions and proceedings law is
39 amended by adding a new subdivision 3 to read as follows:
40 3. Any court maintaining a covered proceeding, as defined by section
41 eight hundred twenty-nine of the executive law, shall notify all
42 respondents by mail upon filing of a petition, not less than fourteen
43 days before trial, of the ability to obtain legal representation or
44 legal consultation, as applicable, pursuant to section eight hundred
45 thirty of the executive law.
46 § 4. Subdivisions 1 and 2 of section 711 of the real property actions
47 and proceedings law, subdivision 1 as amended by chapter 305 of the laws
48 of 1963 and subdivision 2 as amended by section 12 of part M of chapter
49 36 of the laws of 2019, are amended to read as follows:
50 1. The tenant continues in possession of any portion of the premises
51 after the expiration of his term, without the permission of the landlord
52 or, in a case where a new lessee is entitled to possession, without the
53 permission of the new lessee. Acceptance of rent after commencement of
54 the special proceeding upon this ground shall not terminate such
55 proceeding nor effect any award of possession to the landlord or to the
56 new lessee, as the case may be. A proceeding seeking to recover
S. 6678--C 6
1 possession of real property by reason of the termination of the term
2 fixed in the lease pursuant to a provision contained therein giving the
3 landlord the right to terminate the time fixed for occupancy under such
4 agreement if he deem the tenant objectionable, shall not be maintainable
5 unless the landlord shall by competent evidence establish to the satis-
6 faction of the court that the tenant is objectionable. No proceeding
7 shall be maintained unless the court has notified an individual of the
8 ability to obtain legal representation or legal consultation, as appli-
9 cable, pursuant to section eight hundred thirty of the executive law.
10 2. The tenant has defaulted in the payment of rent, pursuant to the
11 agreement under which the premises are held, and a written demand of the
12 rent has been made with at least fourteen days' notice requiring, in the
13 alternative, the payment of the rent, or the possession of the premises,
14 has been served upon him as prescribed in section seven hundred thirty-
15 five of this article. No proceeding shall be maintained unless the court
16 has notified an individual of the ability to obtain legal representation
17 or legal consultation, as applicable, pursuant to section eight hundred
18 thirty of the executive law. Any person succeeding to the landlord's
19 interest in the premises may proceed under this subdivision for rent due
20 his predecessor in interest if he has a right thereto. Where a tenant
21 dies during the term of the lease and rent due has not been paid and the
22 apartment is occupied by a person with a claim to possession, a proceed-
23 ing may be commenced naming the occupants of the apartment seeking a
24 possessory judgment only as against the estate. Entry of such a judgment
25 shall be without prejudice to the possessory claims of the occupants,
26 and any warrant issued shall not be effective as against the occupants.
27 § 5. Section 713 of the real property actions and proceedings law is
28 amended by adding a new subdivision 12 to read as follows:
29 12. No proceeding shall be maintained, unless the court has provided
30 the respondent with written notice of the ability of the respondent to
31 obtain legal representation or legal consultation, as applicable, pursu-
32 ant to section eight hundred thirty of the executive law.
33 § 6. Section 745 of the real property actions and proceedings law is
34 amended by adding a new subdivision 3 to read as follows:
35 3. Where a respondent who is an eligible individual, as defined in
36 subdivision three of section eight hundred twenty-nine of the executive
37 law, appears in court without counsel, the court shall notify such
38 respondent orally of the ability to obtain legal representation pursuant
39 to section eight hundred thirty of the executive law, and if such
40 respondent would like counsel, the court shall adjourn the trial and
41 provide sufficient time, not less than fourteen days, for such respond-
42 ent to retain and consult counsel and shall grant such further adjourn-
43 ments as the court deems necessary for such covered individual to obtain
44 counsel.
45 § 7. Subdivisions 1 and 3 of section 749 of the real property actions
46 and proceedings law, as amended by section 19 of part M of chapter 36 of
47 the laws of 2019, are amended to read as follows:
48 1. Upon rendering a final judgment for petitioner, the court shall
49 issue a warrant directed to the sheriff of the county or to any consta-
50 ble or marshal of the city in which the property, or a portion thereof,
51 is situated, or, if it is not situated in a city, to any constable of
52 any town in the county, describing the property, stating the earliest
53 date upon which execution may occur pursuant to the order of the court,
54 and commanding the officer to remove all persons named in the proceed-
55 ing, provided upon a showing of good cause, the court may issue a stay
56 of re-letting or renovation of the premises for a reasonable period of
S. 6678--C 7
1 time. However, no court shall issue a judgment authorizing the issuance
2 of a warrant of eviction against a respondent who has defaulted, or
3 authorize the execution of an eviction pursuant to a default judgment,
4 unless the court has provided the respondent with written notice of the
5 respondent's ability to obtain legal representation or legal consulta-
6 tion, as applicable, pursuant to section eight hundred thirty of the
7 executive law in eviction proceedings in the notice required by sections
8 seven hundred eleven, seven hundred forty-one and seven hundred forty-
9 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 an individual of
14 their ability to obtain legal representation or legal consultation, as
15 applicable, pursuant to section eight hundred thirty of the executive
16 law in an eviction proceeding shall constitute good cause to stay or
17 vacate such warrant. In a judgment for non-payment of rent, the court
18 shall vacate a warrant upon tender or deposit with the court of the full
19 rent due at any time prior to its execution, unless the petitioner
20 establishes that the tenant withheld the rent due in bad faith. Peti-
21 tioner may recover by action any sum of money which was payable at the
22 time when the special proceeding was commenced and the reasonable value
23 of the use and occupation to the time when the warrant was issued, for
24 any period of time with respect to which the agreement does not make any
25 provision for payment of rent.
26 § 8. The real property law is amended by adding a new section 235-j to
27 read as follows:
28 § 235-j. Lease provisions waiving right to counsel void. Any
29 provision of a lease or contract waiving or otherwise limiting the
30 tenant's ability to obtain legal representation or legal consultation
31 under section eight hundred thirty of the executive law, as may be
32 applicable, shall be void and unenforceable.
33 § 9. Severability clause. If any provision of this act, or any appli-
34 cation of any provision of this act, is held to be invalid, or to
35 violate or be inconsistent with any federal law or regulation, that
36 shall not affect the validity or effectiveness of any other provision of
37 this act, which can be given effect without that provision or applica-
38 tion; and to that end, the provisions and applications of this act are
39 severable.
40 § 10. This act shall take effect on the one hundred eightieth day
41 after it shall have become a law; provided, however, that sections three
42 through eight of this act shall take effect three years after such date.
