Senate Bill S6678B

2021-2022 Legislative Session

Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings

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Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-S6678 - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add Art 7-C §§800 - 800-i, amd §§701, 711, 713, 741, 745 & 749, RPAP L; add §235-j, RP L
Versions Introduced in 2023-2024 Legislative Session:
S2721

2021-S6678 - Summary

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.

2021-S6678 - Sponsor Memo

2021-S6678 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6678
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 real property actions and proceedings law and the
   real property law, in relation to  establishing  the  civil  right  to
   counsel in eviction proceedings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 there  is  a fundamental human right to adequate housing accommodations.
 Safe, secure, and accessible housing is  essential  to  achieving  equal
 access to all other fundamental needs.  Without housing, individuals and
 families  too often cannot preserve family integrity, gain employment or
 other income, or enjoy  access  to  healthcare,  proper  nutrition,  and
 education.
   Legal  proceedings that can lead to eviction are generally complex and
 are governed by a large body of  procedural  and  substantive  law  that
 makes  these  proceedings  extremely  difficult  to navigate without the
 assistance of counsel. The overwhelming majority of landlords  who  seek
 to evict tenants are represented by legal counsel, while in the areas of
 New  York  State where there is no right to counsel most tenants are not
 represented by counsel.  Eviction proceedings, displacement as a  result
 of  eviction  proceedings,  and  executed evictions all have a disparate
 impact on people of color, who are respondents in  eviction  proceedings
 in  numbers that greatly exceed their proportion of the general New York
 population.  Representation of persons who face losing  their  homes  in
 legal  proceedings  makes  a  determinative  difference  in  outcome  by
 preserving homes and ensuring compliance with  laws  that,  among  other
 purposes,  protect  the  right  to  safe  and  secure living conditions,
 prohibit discrimination, regulate rents and  provide  rental  subsidies.
 Representation   of  persons  who  face  losing  their  homes  in  legal

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S6678A - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add Art 7-C §§800 - 800-i, amd §§701, 711, 713, 741, 745 & 749, RPAP L; add §235-j, RP L
Versions Introduced in 2023-2024 Legislative Session:
S2721

2021-S6678A - Summary

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.

2021-S6678A - Sponsor Memo

2021-S6678A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6678--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by Sens. MAY, GIANARIS, RAMOS, RIVERA, SALAZAR, SEPULVEDA --
   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

 AN  ACT  to  amend the real property actions and proceedings law and the
   real property law, in relation to  establishing  the  civil  right  to
   counsel in eviction proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 there  is  a fundamental human right to adequate housing accommodations.
 Safe, secure, and accessible housing is  essential  to  achieving  equal
 access to all other fundamental needs.  Without housing, individuals and
 families  too often cannot preserve family integrity, gain employment or
 other income, or enjoy  access  to  healthcare,  proper  nutrition,  and
 education.
   Legal  proceedings that can lead to eviction are generally complex and
 are governed by a large body of  procedural  and  substantive  law  that
 makes  these  proceedings  extremely  difficult  to navigate without the
 assistance of counsel. The overwhelming majority of landlords  who  seek
 to evict tenants are represented by legal counsel, while in the areas of
 New  York  State where there is no right to counsel most tenants are not
 represented by counsel.  Eviction proceedings, displacement as a  result
 of  eviction  proceedings,  and  executed evictions all have a disparate
 impact on people of color, who are respondents in  eviction  proceedings
 in  numbers that greatly exceed their proportion of the general New York
 population.  Representation of persons who face losing  their  homes  in
 legal  proceedings  makes  a  determinative  difference  in  outcome  by
 preserving homes and ensuring compliance with  laws  that,  among  other
 purposes,  protect  the  right  to  safe  and  secure living conditions,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-S6678B - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add Art 7-C §§800 - 800-i, amd §§701, 711, 713, 741, 745 & 749, RPAP L; add §235-j, RP L
Versions Introduced in 2023-2024 Legislative Session:
S2721

2021-S6678B - Summary

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.

2021-S6678B - Sponsor Memo

2021-S6678B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6678--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sens.  MAY,  BAILEY,  BIAGGI,  BRISPORT,  BROUK, CLEARE,
   COONEY, GIANARIS, HARCKHAM, HINCHEY, HOYLMAN, JACKSON,  KENNEDY,  LIU,
   MANNION,  MAYER,  MYRIE,  RAMOS,  REICHLIN-MELNICK,  RIVERA,  SALAZAR,
   SEPULVEDA, SERRANO, SKOUFIS -- 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 Housing, 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
 
 AN  ACT  to  amend the real property actions and proceedings law and the
   real property law, in relation to  establishing  the  civil  right  to
   counsel in eviction proceedings
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The  legislature  hereby  finds  that
 there  is  a fundamental human right to adequate housing accommodations.
 Safe, secure, and accessible housing is  essential  to  achieving  equal
 access to all other fundamental needs.  Without housing, individuals and
 families  too often cannot preserve family integrity, gain employment or
 other income, or enjoy  access  to  healthcare,  proper  nutrition,  and
 education.
   Legal  proceedings that can lead to eviction are generally complex and
 are governed by a large body of  procedural  and  substantive  law  that
 makes  these  proceedings  extremely  difficult  to navigate without the
 assistance of counsel. The overwhelming majority of landlords  who  seek
 to evict tenants are represented by legal counsel, while in the areas of
 New  York  State where there is no right to counsel most tenants are not
 represented by counsel.  Eviction proceedings, displacement as a  result
 of  eviction  proceedings,  and  executed evictions all have a disparate

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11311-08-2
              

co-Sponsors

2021-S6678C (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add Art 7-C §§800 - 800-i, amd §§701, 711, 713, 741, 745 & 749, RPAP L; add §235-j, RP L
Versions Introduced in 2023-2024 Legislative Session:
S2721

2021-S6678C (ACTIVE) - Summary

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.

2021-S6678C (ACTIVE) - Sponsor Memo

2021-S6678C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6678--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section  1.  Legislative  findings.    Eviction  proceedings  have   a
 profoundly  disparate  impact  on  low-income individuals and given this
 disparate impact, it is imperative that these  individuals  be  provided
 legal  representation  in  legal  proceedings  that put their housing at
 risk. Additionally, because eviction proceedings can be complex, all New
 Yorkers should be apprised of the process as well as  their  rights  and
 remedies in such proceedings.
   There is a fundamental human right to adequate housing accommodations.
 Safe,  secure,  and  accessible  housing is essential to achieving equal
 access to all other fundamental needs. Without housing, individuals  and
 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
              

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