Senate Bill S6537

2017-2018 Legislative Session

Provides for the implementation of a program for the free provision of certain services to unrepresented persons living at or below two hundred percent of the national poverty level

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary
Jun 01, 2017	referred to judiciary

2017-S6537 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Judiciary Law
Laws Affected:: Amd §§212 & 478, add Art 17 §§600 - 604, Judy L

2017-S6537 (ACTIVE) - Summary

Provides for the implementation of a program for the free provision of certain services to unrepresented persons living at or below two hundred percent of the national poverty level who must appear in certain proceedings in the civil court of the city of New York and the housing part thereof and the Buffalo city court and the housing part thereof.

2017-S6537 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6537

 TITLE OF BILL :  An act to amend the judiciary law, in relation to
employment of housing court advocates and consumer court advocates to
assist indigent persons in certain court proceedings

This measure is being introduced at the request of the Chief Judge and
the Chief Administrative Judge upon the recommendation of the
Committee on Nonlawyers and the Justice Gap.

This measure would carve out a narrow exception to section 478 of the
Judiciary Law, New York's unauthorized practice of law statute, in
order to expand the availability of legal assistance to low-income
persons in housing and consumer credit matters. More than 95% of
tenants in eviction cases and 95% of debtors in consumer credit cases
are unrepresented by counsel. This measure would authorize
specially-trained and certified Housing Court Advocates (HCAs) and
Consumer Court Advocates (CCAs), working under the supervision of
lawyers in not-for-profit service provider organizations, to provide
much needed services to unrepresented persons with incomes at or below
200% of the Federal poverty level who appear in the New York City
Civil Court or in the Buffalo City Court in landlord-tenant nonpayment
matters and proceedings to remedy Housing Code violations and in
consumer credit cases, respectively.

It is well-documented that the vast majority of low-income New Yorkers

are unable to afford a lawyer or to obtain one to assist them with
their civil legal needs, and that legal services organizations have
limited resources and are forced to turn away many persons seeking
their help. This phenomenon, often referred to as "the justice gap,"
is a matter of grave concern for the courts and all New Yorkers. Each
year millions of persons unable to afford a lawyer are involved in
critically important civil legal matters on their own, without
receiving legal assistance of any kind - all the while being opposed
by parties who overwhelmingly are represented by counsel. Many of
these unrepresented litigants risk losing their homes, their savings,
even their most basic subsistence benefits.

In view of these realities, the Unified Court System has sought to
close the justice gap by securing stable and adequate funding for
civil legal services and developing and implementing comprehensive
solutions that leverage a broad and growing array of bar and law
school pro bono programs, self-help services and technological tools.
In a continuing effort to devise creative solutions to increase access
to justice, the Chief Judge's Task Force to Expand Access to Legal
Services in New York established the Committee on Nonlawyers and the
Justice Gap and charged it with identifying appropriate, responsible
roles for non-lawyers trained in discrete areas of the law who would
be able to provide helpful services to unrepresented persons in the
areas of greatest need. This measure is the product of the Task
Force's work over many months and reflects its well considered finding
that cadres of specially trained non-lawyers working under the
auspices of attorney supervisors employed by reputable not-for-profit
organizations can and will make a substantial impact in closing the
justice gap for New York State's most vulnerable litigants.

The Legislature has previously authorized roles for non-lawyers to
provide legal assistance to people in discrete administrative law
contexts, including workers compensation and unemployment proceedings.
See Workers Compensation Law § 24-a; Labor Law § 538.  Also, it has
previously recognized limited exceptions to the unauthorized practice
of law for law students, law graduates and certain other designated
persons. See Judiciary Law § 478. This measure draws upon these
existing programs but sets clear limits on the scope of permissible
HCA and CCA services. Non-lawyers must meet established training and
qualification requirements before they may be certified as HCAs and
CCAs. Not-for-profit providers must submit to the chief administrator
satisfactory plans for the assignment and supervision of HCAs and CCAs
before such providers may be approved for participation in the
program. The measure creates a requirement of supervision by a New
York attorney and restricts the provision of authorized services to
not-for-profit settings. Except as expressly authorized by this
measure, HCAs and CCAs would be prohibited from performing any other
acts or providing any other services that would constitute the
practice of law or from holding thems elves out as being entitled to
practice law in any way, and would remain subject to all the
restrictions and civil and criminal penalties prescribed by law for
the unauthorized practice of law. As all advice, counsel and other
services provided by HCAs and CCAs will be rendered under the
supervision of an attorney, the requirements of confidentiality and
evidentiary privileges, including the attorney-client privilege, shall
continue in effect.

Importantly, the Judiciary is authorized to oversee all aspects of the
program and to promulgate court rules to effectuate the provisions and
purposes of this legislation.

 SUMMARY OF PROVISIONS :

Program

In addition to amending section 478 of the Judiciary Law, this measure
would add a new Article 22-A (including proposed new sections 855-859)
to that chapter establishing a program to be overseen and implemented
by the Judiciary in the use of HCAs and CCAs to provide limited
services free of charge to unrepresented persons living at or below
200% of the Federal poverty level who must appear in certain specified
housing and consumer credit proceedings. Under proposed section 855,
persons certified as HCAs and CCAs shall be specially trained and must
work under the supervision of attorneys admitted to the practice of
law in New York and employed by not-for-profit service providers
approved by the Chief Administrative Judge.

Role of Housing Court Advocates and Consumer Court Advocates

Proposed section 856 provides that a person may be certified as an HCA
or CCA by the Chief Administrative Judge upon satisfaction of minimum
educational and other qualifications and completion of prescribed
training requirements. Proposed section 858 provides that, pursuant to
the plan of a not-for-profit service provider approved by the Chief
Administrative Judge and while acting under the supervision of an
attorney employed by such provider, &person certified as an HCA or CCA
may provide advice, counsel or other assistance in the preparation of
pleadings and specified orders to show cause; negotiate with a party
or the party's counsel concerning the terms of a stipulation or order
to be entered into; and address the court on behalf of the person
being represented.

Under proposed section 858(2), HCAs may only provide services in the
Housing Parts of the New York City Civil Court and the Buffalo City
Court in summary proceedings brought on the ground that the respondent
has defaulted in the payment of rent (22 NYCRR 208.42(d); 22 NYCRR
210.42(b)), and in actions and proceedings for the removal of housing
violations under New York City Civil Court Act § 203(n) or Uniform
City Court Act § 203(a)(5). CCAs may only provide services in the New
York City Civil Court and the Buffalo City Court in connection with
proceedings relating to consumer credit transactions as defined in New
York City Civil Court Act § 2101(g) or CPLR 105(f).

Role of Chief Administrative Judge


This measure also amends section 212 of the Judiciary Law by adding a
new subdivision (2)(t) specifically authorizing the Chief
Administrative Judge to establish and regulate programs in the use of
HCAs and CCAs. This measure authorizes the Chief Administrative Judge
to certify persons as HCAs or CCAs (proposed section 856); appoint an
advisory board to assist in the discharge of his or her
responsibilities under this article (proposed section 857); approve
the participation of not-for-profit providers in the program upon
their submission of satisfactory plans for the use of HCAs and CCAs
(proposed section 858); and promulgate rules to effectuate the
provisions of this legislation (proposed section 859). Finally, the
measure requires the Chief Administrative Judge, no later than January
1g of the fourth year following the date on which this legislation
takes effect, to provide the Governor, Legislature and Chief Judge
with a report evaluating the efficacy of the program and containing
recommendations with respect to expansion to other courts and classes
of cases.

Advisory Board

Proposed section 858 of new Article 22-A authorizes the Chief
Administrative Judge to establish an advisory board consisting of up
to fourteen members to assist him or her in the discharge of his or
her responsibilities.

This measure, which would have no fiscal impact, would take effect
January 1, 2018.

 2015-16 LEGISLATIVE HISTORY :

OCA 2015-21

2017-S6537 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6537
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2017
                                ___________
 
 Introduced by Sen. JACOBS -- (at request of the Office of Court Adminis-
   tration)  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to employment of  housing
   court  advocates  and  consumer  court  advocates  to  assist indigent
   persons in certain court proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2  of  section  212  of the judiciary law is
 amended by adding a new paragraph (w) to read as follows:
   (W) ESTABLISH AND REGULATE PROGRAMS IN THE USE OF HOUSING COURT  ADVO-
 CATES  AND CONSUMER COURT ADVOCATES IN ACCORDANCE WITH ARTICLE SEVENTEEN
 OF THIS CHAPTER.
   § 2. Section 478 of the judiciary law, as amended by chapter 22 of the
 laws of 2013, is amended to read as follows:
   § 478. Practicing or appearing as attorney-at-law without being admit-
 ted and registered. It shall be unlawful for any natural person to prac-
 tice or appear as an attorney-at-law or as an attorney and counselor-at-
 law for a person other than himself or herself in a court of  record  in
 this  state, or to furnish attorneys or counsel or an attorney and coun-
 sel to render legal services, or to hold himself or herself out  to  the
 public  as  being entitled to practice law as aforesaid, or in any other
 manner, or to assume to  be  an  attorney  or  counselor-at-law,  or  to
 assume,  use,  or advertise the title of lawyer, or attorney and counse-
 lor-at-law, or attorney-at-law  or  counselor-at-law,  or  attorney,  or
 counselor,  or  attorney  and  counselor,  or  equivalent  terms  in any
 language, in such manner as to convey the impression that he or she is a
 legal practitioner of law or in any manner to advertise that he  or  she
 either  alone  or  together  with any other persons or person has, owns,
 conducts or maintains a law office or  law  and  collection  office,  or
 office  of  any  kind for the practice of law, without having first been
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08832-02-7

 S. 6537                             2
 
 duly and regularly licensed and admitted to practice law in  the  courts
 of  record  of  this  state, and without having taken the constitutional
 oath. Provided, however, that nothing in this section shall be  held  to
 apply  (1)  to  officers  of  societies for the prevention of cruelty to
 animals, duly appointed, when exercising the  special  powers  conferred
 upon  such corporations under section fourteen hundred three of the not-
 for-profit corporation law; or (2) to law students who have completed at
 least two semesters of law school or persons who have graduated  from  a
 law  school,  who  have taken the examination for admittance to practice
 law in the courts of record in the  state  immediately  available  after
 graduation  from  law  school,  or the examination immediately available
 after being notified by the board of law examiners that they  failed  to
 pass said exam, and who have not been notified by the board of law exam-
 iners  that they have failed to pass two such examinations, acting under
 the supervision of a legal  aid  organization  when  such  students  and
 persons are acting under a program approved by the appellate division of
 the  supreme  court  of  the department in which the principal office of
 such organization is located and specifying the  extent  to  which  such
 students  and  persons  may engage in activities otherwise prohibited by
 this statute; or (3) to law students who have  completed  at  least  two
 semesters  of  law  school,  or to persons who have graduated from a law
 school approved pursuant to the rules of the court of  appeals  for  the
 admission  of  attorneys  and  counselors-at-law  and who have taken the
 examination for admission to practice as an attorney  and  counselor-at-
 law  immediately available after graduation from law school or the exam-
 ination immediately available after being notified by the board  of  law
 examiners  that  they  failed  to  pass said exam, and who have not been
 notified by the board of law examiners that they have failed to pass two
 such examinations, when such students or persons are  acting  under  the
 supervision  of  the state or a subdivision thereof or of any officer or
 agency of the state or a subdivision  thereof,  pursuant  to  a  program
 approved  by  the appellate division of the supreme court of the depart-
 ment within which such activities are taking place  and  specifying  the
 extent  to  which  they may engage in activities otherwise prohibited by
 this statute and those powers of the supervising governmental entity  or
 officer  in connection with which they may engage in such activities; or
 (4) an attorney and counselor-at-law or the equivalent who  is  admitted
 to  the bar in another state, territory, district or foreign country and
 who has been admitted to practice pro hac vice in the state of New  York
 within  the limitations prescribed in the rules of the court of appeals;
 or (5) an attorney licensed as a legal consultant under rules adopted by
 the court of appeals pursuant to subdivision six of section  fifty-three
 of this chapter and rendering legal services in the state within limita-
 tions  prescribed  in such rules; OR (6) TO A PERSON WHO HAS BEEN CERTI-
 FIED AS A HOUSING COURT ADVOCATE OR A CONSUMER  COURT  ADVOCATE  BY  THE
 CHIEF  ADMINISTRATOR OF THE COURTS PURSUANT TO ARTICLE SEVENTEEN OF THIS
 CHAPTER WHEN SUCH  PERSON  PROVIDES  SERVICES  IN  ACCORDANCE  WITH  THE
 PROVISIONS OF SUCH ARTICLE.
   §  3.  The judiciary law is amended by adding a new article 17 to read
 as follows:
 
                                ARTICLE 17
                   HOUSING COURT ADVOCATES AND CONSUMER
                              COURT ADVOCATES
 SECTION 600. PROGRAM IN THE USE OF HOUSING COURT ADVOCATES AND  CONSUMER
                COURT ADVOCATES.

 S. 6537                             3

         601. CERTIFICATION OF HOUSING COURT ADVOCATES AND CONSUMER COURT
                ADVOCATES.
         602. ADVISORY BOARD.
         603. ASSIGNMENTS.
         604. CHIEF ADMINISTRATOR TO MAKE RULES.
   §  600.  PROGRAM  IN  THE  USE OF HOUSING COURT ADVOCATES AND CONSUMER
 COURT ADVOCATES. IN ACCORDANCE WITH THIS ARTICLE,  THE  JUDICIARY  SHALL
 IMPLEMENT  AND  OVERSEE  A  PROGRAM  FOR  THE  FREE PROVISION OF CERTAIN
 SERVICES TO UNREPRESENTED PERSONS LIVING AT OR BELOW TWO HUNDRED PERCENT
 OF THE FEDERAL POVERTY LEVEL WHO MUST APPEAR IN THE  PROCEEDINGS  SPECI-
 FIED  IN  THIS ARTICLE IN THE CIVIL COURT OF THE CITY OF NEW YORK AND IN
 THE BUFFALO CITY  COURT,  AND  IN  THE  HOUSING  PARTS  OF  SUCH  COURTS
 ("PROGRAM").  UNDER  THIS  PROGRAM,  THESE SERVICES SHALL BE PROVIDED BY
 SPECIALLY TRAINED NON-LAWYERS (CERTIFIED AS HOUSING COURT  ADVOCATES  OR
 CONSUMER  COURT  ADVOCATES  AS PROVIDED HEREIN) UNDER THE SUPERVISION OF
 ATTORNEYS-AT-LAW ADMITTED TO THE PRACTICE OF LAW IN THIS  STATE  IN  THE
 EMPLOY OF NOT-FOR-PROFIT SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO
 LEGAL SERVICES PROVIDER ORGANIZATIONS, APPROVED BY THE CHIEF ADMINISTRA-
 TOR OF THE COURTS.
   §  601.  CERTIFICATION  OF  HOUSING COURT ADVOCATES AND CONSUMER COURT
 ADVOCATES. ANY PERSON MAY, UPON HIS OR HER APPLICATION, BE CERTIFIED  BY
 THE  CHIEF  ADMINISTRATOR OF THE COURTS AS A HOUSING COURT ADVOCATE OR A
 CONSUMER COURT ADVOCATE PROVIDED HE OR SHE  SHALL  HAVE  SATISFIED  SUCH
 MINIMUM  EDUCATIONAL  AND OTHER QUALIFICATIONS, AND RECEIVED SUCH TRAIN-
 ING, AS THE CHIEF ADMINISTRATOR SHALL PRESCRIBE.
   § 602. ADVISORY BOARD. 1. THE CHIEF ADMINISTRATOR OF THE COURTS  SHALL
 ESTABLISH  AN  ADVISORY  BOARD  TO  ASSIST  THE  CHIEF  ADMINISTRATOR IN
 DISCHARGE OF HIS OR HER RESPONSIBILITIES UNDER THIS ARTICLE.
   2. THE ADVISORY BOARD SHALL CONSIST OF NOT MORE THAN FOURTEEN MEMBERS,
 EACH MEMBER TO BE APPOINTED BY THE CHIEF ADMINISTRATOR  FOR  AN  INITIAL
 TERM  OF  TWO  YEARS.  AFTER SERVING AN INITIAL TERM, EACH MEMBER MAY BE
 RE-APPOINTED TO FURTHER TERMS OF THREE YEARS EACH. THE CHIEF ADMINISTRA-
 TOR SHALL CHOOSE TWO OF THE MEMBERS OF THE ADVISORY BOARD  TO  SERVE  AS
 CO-CHAIRS  THEREOF  AT  HIS OR HER PLEASURE PROVIDED ONE SHALL BE CHOSEN
 UPON THE RECOMMENDATION OF A BAR ASSOCIATION  AND  THE  OTHER  SHALL  BE
 CHOSEN  UPON THE RECOMMENDATION OF AN APPROPRIATE LAW SCHOOL, COLLEGE OR
 EDUCATIONAL INSTITUTION.
   § 603. ASSIGNMENTS. 1. A NOT-FOR-PROFIT  SERVICE  PROVIDER,  INCLUDING
 BUT NOT LIMITED TO A LEGAL SERVICES PROVIDER ORGANIZATION, MAY, UPON ITS
 APPLICATION  AND THE SUBMISSION OF A PLAN FOR USE OF HOUSING COURT ADVO-
 CATES AND/OR CONSUMER COURT ADVOCATES IN ACCORDANCE WITH  THIS  ARTICLE,
 BE  APPROVED  BY THE CHIEF ADMINISTRATOR OF THE COURTS TO PARTICIPATE IN
 THE PROGRAM.
   2. PURSUANT TO THE PLAN OF A NOT-FOR-PROFIT SERVICE PROVIDER  APPROVED
 UNDER  SUBDIVISION  ONE  OF THIS SECTION AND UNDER THE SUPERVISION OF AN
 ATTORNEY-AT-LAW ADMITTED TO THE PRACTICE OF LAW IN THIS STATE AND IN THE
 EMPLOY OF SUCH PROVIDER, EACH PERSON CERTIFIED AS A HOUSING COURT  ADVO-
 CATE OR A CONSUMER COURT ADVOCATE IN ACCORDANCE WITH SECTION SIX HUNDRED
 ONE OF THIS ARTICLE MAY PROVIDE THE FOLLOWING SERVICES FOR UNREPRESENTED
 PERSONS SPECIFIED IN SECTION SIX HUNDRED OF THIS ARTICLE:
   (A)  ADVICE,  COUNSEL OR OTHER ASSISTANCE IN THE PREPARATION OF PLEAD-
 INGS;
   (B) ADVICE, COUNSEL OR OTHER ASSISTANCE IN THE PREPARATION OF AN ORDER
 TO SHOW CAUSE TO VACATE A  DEFAULT  JUDGMENT,  PREVENT  AN  EVICTION  OR
 RESTORE  AN  ACTION  OR  PROCEEDING  TO THE CALENDAR TO AMEND OR ENFORCE

 S. 6537                             4
 
 PROVISIONS OF A STIPULATION OR ORDER PREVIOUSLY ENTERED  INTO;  PROVIDED
 THIS SHALL INCLUDE AUTHORITY TO SIGN AN ANSWER OR ORDER TO SHOW CAUSE;
   (C) NEGOTIATE WITH A PARTY OR HIS OR HER COUNSEL OR REPRESENTATIVE THE
 TERMS OF ANY STIPULATION OR ORDER TO BE ENTERED INTO; AND
   (D) ADDRESS THE COURT ON BEHALF OF ANY SUCH PERSON.
 NOTWITHSTANDING  THE  FOREGOING,  A  HOUSING  COURT ADVOCATE OR CONSUMER
 COURT ADVOCATE MAY ONLY PROVIDE SUCH SERVICES IN SUCH PARTS OF  THE  NEW
 YORK  CITY  CIVIL  COURT (INCLUDING THE HOUSING PART THEREOF) AND OF THE
 BUFFALO CITY COURT (INCLUDING THE HOUSING PART  THEREOF),  AND  IN  SUCH
 ACTIONS  AND  PROCEEDINGS  IN THOSE PARTS AS THE CHIEF ADMINISTRATOR MAY
 AUTHORIZE; EXCEPT THAT: (I) FOR A HOUSING COURT ADVOCATE, THE  PROVISION
 OF  SUCH  SERVICES  MAY  NOT  BE  AUTHORIZED  OTHER  THAN IN (A) SUMMARY
 PROCEEDINGS  BROUGHT  PURSUANT  TO  22  NYCRR  208.42(D),  OR  22  NYCRR
 210.42(B),  AND  (B) ACTIONS DESCRIBED IN SUBDIVISION (N) OF SECTION TWO
 HUNDRED THREE OF THE NEW YORK CITY CIVIL COURT ACT OR IN PARAGRAPH  FIVE
 OF  SUBDIVISION  (A)  OF  SECTION  TWO HUNDRED THREE OF THE UNIFORM CITY
 COURT ACT, AND (II) FOR A CONSUMER COURT ADVOCATE, THE PROVISION OF SUCH
 SERVICES MAY NOT BE AUTHORIZED OTHER THAN IN ACTIONS AND PROCEEDINGS  IN
 RELATION  TO A CONSUMER CREDIT TRANSACTION AS DEFINED IN SUBDIVISION (G)
 OF SECTION TWO THOUSAND ONE HUNDRED ONE OF THE NEW YORK CITY CIVIL COURT
 ACT OR IN SUBDIVISION (F) OF SECTION ONE HUNDRED FIVE OF THE CIVIL PRAC-
 TICE LAW AND RULES.
   § 604. CHIEF ADMINISTRATOR TO MAKE RULES. THE CHIEF  ADMINISTRATOR  OF
 THE  COURTS SHALL PROMULGATE RULES IN ORDER TO EFFECTUATE THE PROVISIONS
 OF THIS ARTICLE.
   § 4. On or before January first of the fourth year following the  date
 on  which  this act becomes a law, the chief administrator of the courts
 shall submit to the governor, the legislature and the chief judge of the
 state a report evaluating the efficacy of the  program  in  the  use  of
 housing  court advocates and consumer court advocates authorized by this
 act. This report shall include any recommendations the chief administra-
 tor may have with respect to expansion of the program into other  courts
 and other classes of cases.
   § 5. This act shall take effect January 1, 2018.

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Senate Bill S6537

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S6537 (ACTIVE) - Bill Text download pdf

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Sponsored By

Chris Jacobs

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S6537 (ACTIVE) - Summary

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2017-S6537 (ACTIVE) - Bill Text download pdf

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