Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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May 31, 2022 | print number 6678c |
May 31, 2022 | amend (t) and recommit to housing, construction and community development |
Mar 14, 2022 | print number 6678b |
Mar 14, 2022 | amend and recommit to housing, construction and community development |
Jan 05, 2022 | referred to housing, construction and community development |
Jul 30, 2021 | print number 6678a |
Jul 30, 2021 | amend and recommit to housing, construction and community development |
May 11, 2021 | referred to housing, construction and community development |
senate Bill S6678C
Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings
Sponsored By
Rachel May
(D, WF) 48th Senate District
Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Your Voice
Actions
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view actions (8)
Co-Sponsors
Michael Gianaris
(D, WF) 12th Senate District
Jessica Ramos
(D, WF) 13th Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
- view additional co-sponsors
Luis R. Sepúlveda
(D) 32nd Senate District
S6678 - Details
- See Assembly Version of this Bill:
- A7570
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Executive Law
- Laws Affected:
- Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
- Versions Introduced in 2023-2024 Legislative Session:
-
S2721, A1493
S6678 - Sponsor Memo
BILL NUMBER: S6678 SPONSOR: MAY TITLE OF BILL: An act to amend the real property actions and proceedings law and the real property law, in relation to establishing the civil right to coun- sel in eviction proceedings PURPOSE: Establishes the civil right to counsel in eviction proceedings in New York State. SUMMARY OF PROVISIONS: Section 1: Sets forth legislative findings. Section 2: Provides for the addition of Article 7-C, the Civil Right to Counsel in Eviction Proceedings Act, as part of the Real Property Actions and Proceedings Law.
* All covered individuals facing eviction proceedings are to be provided with legal representation at the government's expense. * This will not affect the right to counsel in any other civil or crimi- nal action. And if a court finds any portion of this law to be invalid, such order or judgment cannot affect or invalidate the remainder of this Article. * Provides the relevant definitions for "Coordinator," "Covered individ- ual," "Covered proceeding," "Designated legal organization," "Designated community organization," "Designated statewide languages," "Full legal representation," "Housing accommodation," and "Office." * The civil right to counsel in eviction proceedings is created and establishes that this civil right must apply in covered proceedings. * Establishes the New York State Office of Civil Justice. The position of Civil Justice Coordinator, appointed by the Governor, will lead this new Office. The Coordinator must: * Create a new program to provide individuals with access to legal services in eviction proceedings; * advise and assist the governor in planning and implementing coordi- nation and cooperation among state agencies; * annually apprise the governor, the temporary president of the senate, and the speaker of the assembly of the need for designated legal organ- izations and designated community organizations; * propose an amount of funding for designated legal organizations and designated community organizations; * serve as liaison for the state with designated legal organizations and designated community organizations; * promulgate any necessary rules and regulations; * prepare a list of designated languages; * support outreach and education by designated community organizations; * perform other duties as the governor may assign; * identify at least one designated legal organization or consortium of designated legal organizations capable of providing legal services in covered proceedings in each region of the state; * consult with tenants, unions representing employees of designated legal organizations, bar associations, and representatives of the judi- ciary; * estimate annual expenditures; * identify one or more designated community organizations capable of providing community education and organization; * conduct a public hearing for each judicial department once a year to receive recommendations and feedback about such program; * provide the governor, the temporary president of the senate, and the speaker of the assembly with an annual financial audit of the program's activities, and a review of the program that contains pertinent informa- tion regarding how many individuals were represented in eviction proceedings, their backgrounds, and certain information about the proceedings themselves. Section 3: A court overseeing an eviction proceeding must notify a respondent that such a respondent has a right to civil counsel at least fourteen days before trial by mail. Section 4: In situations where a landlord-tenant relationship exists, a proceeding or filing to recover possession of real property or to recover for nonpayment of rent cannot be maintained or accepted by a court unless a petitioner has demonstrated that the respondent has been provided with written notice of the right to counsel in eviction proceedings. Section 5: In situations where a landlord-tenant relationship does not exist, a proceeding or filing to recover possession of real property or to recover for nonpayment of rent cannot be maintained or accepted by a court unless a petitioner has demonstrated that the respondent has been provided with written notice of the right to counsel in eviction proceedings. Section 6: In proceedings to recover possession of real property, a petition must notify the respondent of the civil right to counsel in eviction proceedings, and that all proceedings can be adjourned until the respondent has had time to retain and consult with counsel. Furthermore, any and all predicate notices served upon the respondent must include notice of the civil right to counsel in eviction proceedings, and must provide a phone number, website address and other information to assist the respondent in securing counsel. Section 7: Covered individuals who appear in court without counsel must be informed orally by the court that the civil right to counsel in eviction proceedings exists, and if such an individual would like coun- sel, the court must adjourn proceedings for at least fourteen days for the individual to retain counsel. Section 8: A court cannot authorize the issuance of a warrant of eviction unless the petitioner has filed an affidavit attesting that the respondent was provided with written notice of the respondent's civil right to counsel in eviction proceedings in the notice of petition and in any predicate notice. Failure to do so will constitute good cause to vacate a warrant of eviction. Section 9: Provides that a lease or contract containing a waiver or limitation of the right to counsel in eviction proceedings is deemed void. Section 10: Sets the effective date. JUSTIFICATION: During eviction proceedings, the overwhelming majority of landlords are represented during eviction proceedings, while most tenants are not. This is an obvious power imbalance that often leads to unjust outcomes, and many tenants are evicted where they would otherwise would not be if they had competent legal representation. High levels of evictions have a disastrous effect on people's lives and serve to increase New York's already high homeless levels. This has a negative impact on public funds, as the State is forced to expend resources on shelter services, emergency room costs, homelessness services, and more. This Bill seeks to correct these shortcomings by providing that tenants will have a civil right to counsel in eviction proceedings in New York State. It establishes the New York State Office of Civil Justice, with the position of Civil Justice Coordinator to lead this Office, which will contract with both non-profit legal services organizations to provide counsel to tenants, and with non-profit community-based organizations to provide tenants' rights education and tenant organizing. It will hold public hearings and produce annual reports on implementation and finan- cial auditing. Just as significant, tenants must be provided with written notice of their Right to Counsel before any court filing or proceeding can contin- ue, including before an eviction warrant or default judgement is issued. A tenant's Right to Counsel must be included in predicate notices, and this must be served to the tenant before an eviction case can proceed. Tenants are given information (e.g., phone number or website) in order to contact a Right to Counsel lawyer. Cases are adjourned until the tenant is able to retain and consult with their lawyer. Judges must verbally inform tenants of their Right to Counsel if they appear in court without a lawyer. And a failure of the court, the landlord, or landlord's lawyer to comply with the tenant's Right to Counsel will result in vacating any eviction warrants. In 2017, New York City became the first city in the country to pass Right to Counsel, which has not only led to landlords suing tenants less, but 86 percent of tenants who had a right to counsel lawyer won their case and were able to remain in their homes. Furthermore, the seven cities that now have a Right to Counsel have seen up to a 77 percent reduction in evictions. FISCAL IMPACT ON THE STATE: To be determined. LEGISLATIVE HISTORY: None EFFECTIVE DATE: This act shall take effect immediately.
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.
LBD11311-02-1 S. 6678 2 proceedings is essential to the fair functioning of the justice system and protects the rights to due process and equal protection of the law. Evictions disrupt lives and livelihoods, force tenants to seek alter- native housing in a market with a severe shortage of affordable housing and significantly increase the risk of homelessness. The short- and long-term effects of evictions and homelessness are devastating to indi- viduals and families and can affect physical and mental health, employ- ment, education, and engagement with the criminal justice system. Providing legal assistance to tenants who face eviction not only protects individuals and families from the devastating effects of eviction and homelessness, it saves public funds that would otherwise be spent on shelters and services to people experiencing homelessness as well as public expenses for addressing the wide range of detrimental short- and long-term effects of eviction and homelessness. New York is facing an eviction crisis of unfathomable proportions due to the COVID-19 pandemic. According to an analysis of July 15th Census Bureau data, almost half (46 percent) of all renting households in the state were not able to pay rent and are at risk of eviction. In 2017, New York City adopted legislation that guarantees a right to counsel for tenants facing eviction. Even though the right to counsel in eviction proceedings in New York City is still in the implementation phase, a study conducted by the New York City Office of Civil Justice that analyzed data pertaining to New York City Housing Court proceedings from 2013-2019 found that legal representation in eviction matters has an enormously beneficial effect as shown by the following data: 1. Evictions dropped 41 percent overall since 2013, including a 15 percent drop in 2019 alone; 2. Eviction filings dropped by 30 percent between 2013 and 2019, including a 20 percent drop in 2019 alone; 3. Default judgments dropped 34 percent between 2013 and 2019; 4. Requests by tenants to bring their cases back to the Housing Court calendar on an emergency basis dropped by 38 percent during that time period, because tenant representation is ensuring these issues are addressed at the start of the case; and 5. Overall, 84 percent of tenants who were represented by counsel remained in their homes. § 2. The real property actions and proceedings law is amended by adding a new article 7-C to read as follows: ARTICLE 7-C CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT SECTION 800. SHORT TITLE. 800-A. LEGISLATIVE PURPOSE. 800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY. 800-C. DEFINITIONS. 800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED. 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 800-F. PROVISION OF LEGAL SERVICES. 800-G. COMMUNITY ENGAGEMENT. 800-H. PUBLIC HEARINGS. 800-I. REPORTING. § 800. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT". S. 6678 3 § 800-A. LEGISLATIVE PURPOSE. THE PURPOSE OF THIS ARTICLE IS TO CREATE A CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS IN NEW YORK STATE THAT GUARANTEES ALL COVERED INDIVIDUALS ARE PROVIDED HIGH QUALITY LEGAL REPRESENTATION AT GOVERNMENT EXPENSE IN ALL COVERED PROCEEDINGS. THE CIVIL RIGHT TO COUNSEL FOR PEOPLE WHO FACE EVICTION IS INTENDED TO ENSURE FAIR AND BALANCED PROCEEDINGS THAT COMPORT WITH THE CONSTITU- TIONAL RIGHTS TO DUE PROCESS AND EQUAL PROTECTION AND, GIVEN THE DEVAS- TATING CONSEQUENCES OF EVICTION, OUTWEIGH ALL OTHER CONSIDERATIONS IN THE ADMINISTRATION OF LEGAL PROCEEDINGS THAT COULD RESULT IN EVICTION. § 800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY. 1. THIS ARTICLE SHALL BE INTERPRETED BROADLY TO EFFECTUATE THE PURPOSES DESCRIBED IN SECTION EIGHT HUNDRED-A OF THIS ARTICLE. 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO NEGATE, ALTER, OR LIMIT ANY RIGHT TO COUNSEL IN ANY CIVIL OR CRIMINAL ACTION OR PROCEEDING OTHERWISE PROVIDED UNDER THE NEW YORK STATE CONSTITUTION OR ANY NEW YORK STATE STATUTE. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISION OF LAW, THIS ARTICLE SHALL GOVERN. 3. IF ANY WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY A COURT OF COMPETENT JURIS- DICTION, SUCH ORDER OR JUDGMENT SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF THIS ARTICLE, AND SHALL BE CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED, AND TO THE WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. § 800-C. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "COORDINATOR" MEANS THE CIVIL JUSTICE COORDINATOR APPOINTED PURSU- ANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. 2. "COVERED INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS A RESPONDENT IN A COVERED PROCEEDING. 3. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT A TENANT, INCLUDING A SUMMARY PROCEEDING TO SEEK POSSESSION FOR THE NON-PAYMENT OF RENT OR A HOLDOVER, OR ANY OTHER PROCEEDING FOR TERMINATION OF TENANCY, OR ANY PROCEEDING THAT COULD RESULT IN AN INDIVIDUAL LOSING SUCH INDI- VIDUAL'S HOUSING ACCOMMODATION. "COVERED PROCEEDING" SHALL INCLUDE, BUT NOT BE LIMITED TO PROCEEDINGS: (A) TO EVICT A TENANT; (B) INITIATED BY A TENANT TO CORRECT VIOLATIONS OF LAW RELATING TO HAZARDOUS HOUSING STANDARDS; (C) TO TERMINATE AN ELIGIBLE INDIVIDUAL FROM PARTICIPATION IN ANY NEW YORK STATE, LOCALITY, OR FEDERAL HOUSING SUBSIDY PROGRAM; (D) INITIATED BY A TENANT IN RESPONSE TO UNLAWFUL LANDLORD OR OWNER BEHAVIOR; AND (E) ANY OTHER PROCEEDING COMMENCED AGAINST OR BY AN INDIVIDUAL THAT A DESIGNATED LEGAL ORGANIZATION DETERMINES IN ITS SOLE DISCRETION CAN BE REASONABLY ANTICIPATED TO LEAD TO LOSS OF SUCH INDIVIDUAL'S HOME OR HOUSING ACCOMMODATION. 4. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO PROVIDE COMPREHEN- SIVE AND EFFECTIVE LEGAL SERVICES AND IS DESIGNATED BY THE COORDINATOR PURSUANT TO THIS ARTICLE. 5. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGAN- IZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) S. 6678 4 (3) OF THE U.S. INTERNAL REVENUE CODE THAT PROVIDE COMMUNITY EDUCATION AND ORGANIZATION REGARDING RIGHTS OF TENANTS. 6. "DESIGNATED STATEWIDE LANGUAGES" MEANS LANGUAGES DESIGNATED BY THE COORDINATOR PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. 7. "FULL LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED BY A DESIGNATED LEGAL ORGANIZATION TO A COVERED INDIVIDUAL AND INCLUDES ALL LEGAL ADVICE, ADVOCACY, AND ASSISTANCE ASSOCIATED WITH SUCH REPRESENTATION. "FULL LEGAL REPRESENTATION" SHALL INCLUDE, BUT NOT BE LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION OF PLEADINGS AND MOTIONS ON BEHALF OF COVERED INDIVIDUALS, COURT APPEAR- ANCES ON BEHALF OF COVERED INDIVIDUALS, PRE- AND POST-TRIAL SETTLEMENT CONFERENCES, AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE REPRESENTATION IN A COVERED PROCEEDING. 8. "HOUSING ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC- TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR INTENDED, ARRANGED OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD- ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL ESSENTIAL SERVICES, PRIVI- LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH THE OCCUPATION THEREOF. 9. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTAB- LISHED PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. § 800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED. 1. THE CIVIL RIGHT TO FULL REPRESENTATION BY COUNSEL IN COVERED PROCEEDINGS FOR COVERED INDIVIDUALS IS HEREBY CREATED AND SHALL APPLY TO ALL PENDING COVERED PROCEEDINGS AT THE TIME OF THE EFFECTIVE DATE OF THIS SECTION, AND TO ALL COVERED PROCEEDINGS INITIATED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 2. THE CIVIL RIGHT TO COUNSEL IN COVERED PROCEEDINGS SHALL APPLY TO A COVERED INDIVIDUAL UPON THE SERVICE OF A PREDICATE NOTICE UPON SUCH INDIVIDUAL, UPON THE COMMENCEMENT OF A COVERED PROCEEDING, OR UPON A DETERMINATION BY A DESIGNATED LEGAL ORGANIZATION THAT A COVERED PROCEED- ING IS REASONABLY ANTICIPATED, WHICHEVER OCCURS EARLIER. § 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 1. THERE IS HEREBY ESTABLISHED THE "NEW YORK STATE OFFICE OF CIVIL JUSTICE" TO CONDUCT PLANNING AND IMPLEMENTATION OF THE PURPOSES OF THIS ARTICLE. 2. THE OFFICE SHALL BE HEADED BY A CIVIL JUSTICE COORDINATOR WHO SHALL BE APPOINTED BY THE GOVERNOR. THE CIVIL JUSTICE COORDINATOR SHALL HAVE THE POWER AND DUTY TO: (A) CREATE AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE; (B) ADVISE AND ASSIST THE GOVERNOR IN PLANNING AND IMPLEMENTING COOR- DINATION AND COOPERATION AMONG STATE AGENCIES NECESSARY FOR THE IMPLE- MENTATION OF THIS ARTICLE; (C) PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT OF THE NEED FOR DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS IN THE STATE, AND WHETHER CURRENT DESIGNATED LEGAL ORGANIZATIONS AND DESIG- NATED COMMUNITY ORGANIZATIONS ARE ABLE TO MEET THE NEEDS OF COVERED INDIVIDUALS; (D) PROPOSE AN AMOUNT OF FUNDING FOR DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS THAT IS SUFFICIENT TO ASSIST ALL COVERED INDIVIDUALS, AND TO ENABLE SUCH ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE AND HAVE REASONABLE WORKLOADS, DECENT WORKING CONDI- TIONS, AND ADEQUATE COMPENSATION FOR THEIR STAFF; S. 6678 5 (E) SERVE AS LIAISON FOR THE STATE WITH DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS; (F) PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS ARTICLE; (G) PREPARE A LIST OF DESIGNATED LANGUAGES THAT SHALL CONSIST OF LANGUAGES SPOKEN BY A LARGE ENOUGH POPULATION OF NEW YORK RESIDENTS THAT PREPARATION OF MATERIALS AND CONDUCT OF EDUCATION AND ENGAGEMENT BY DESIGNATED COMMUNITY ORGANIZATIONS IN SUCH LANGUAGES IS APPROPRIATE; (H) SUPPORT OUTREACH AND EDUCATION BY DESIGNATED COMMUNITY ORGANIZA- TIONS, TO SPREAD AWARENESS OF THE AVAILABILITY OF DESIGNATED LEGAL ORGANIZATIONS; AND (I) PERFORM SUCH OTHER DUTIES AS THE GOVERNOR MAY ASSIGN. § 800-F. PROVISION OF LEGAL SERVICES. 1. THE COORDINATOR SHALL ESTAB- LISH A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES FOR COVERED INDIVID- UALS IN COVERED PROCEEDINGS AND SHALL, NO LATER THAN NINETY DAYS FOLLOW- ING THE EFFECTIVE DATE OF THIS ARTICLE: (A) ENSURE THAT A SYSTEM IS IN PLACE TO PROVIDE ALL COVERED INDIVID- UALS IN THE STATE WITH COUNSEL FOR COVERED PROCEEDINGS, AND THAT ANY NOTICE OF PETITION FOR SUMMARY EVICTION PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN OF THIS CHAPTER PROVIDES NOTICE TO COVERED INDIVIDUALS OF THEIR RIGHT TO COUNSEL AND HOW THEY MAY SECURE SUCH COUNSEL; (B) ENSURE THAT ALL COVERED INDIVIDUALS RECEIVE ACCESS TO FULL LEGAL REPRESENTATION AS PROVIDED UNDER SUBDIVISION TWO OF SECTION EIGHT HUNDRED-D OF THIS ARTICLE; AND (C) IDENTIFY AT LEAST ONE DESIGNATED LEGAL ORGANIZATION OR CONSORTIUM OF DESIGNATED LEGAL ORGANIZATIONS CAPABLE OF PROVIDING LEGAL SERVICES IN COVERED PROCEEDINGS IN EACH REGION OF THE STATE. IN IDENTIFYING DESIG- NATED LEGAL ORGANIZATIONS, THE COORDINATOR SHALL ONLY CONSIDER PROVIDERS THAT HAVE THE CAPACITY TO PROVIDE HIGH QUALITY LEGAL ASSISTANCE AND, AT MINIMUM, MEET THE FOLLOWING QUALIFICATIONS: (I) HAVE NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE; (II) MAINTAIN A PRACTICE OF FURNISHING FREE LEGAL SERVICES TO INDIVID- UALS WHO CANNOT AFFORD THE SERVICES OF A LICENSED LEGAL PROFESSIONAL; (III) POSSESS EXPERTISE IN HOUSING LAW, LANDLORD-TENANT LAW, OR RELATED EXPERIENCE IN REPRESENTING COVERED INDIVIDUALS IN COVERED PROCEEDINGS; (IV) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE LEGAL ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK; (V) POSSESS ADEQUATE INFRASTRUCTURE AND EXPERTISE TO PROVIDE CONSIST- ENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSES TO EMERGING OR CHANGING NEEDS IN THE CLIENT COMMUNI- TIES SERVED; AND (VI) WITH SUFFICIENT FUNDING, HAVE THE CAPACITY TO MAINTAIN REASONABLE CASELOADS AND WORKING CONDITIONS FOR THEIR ATTORNEYS, PARALEGALS, AND OTHER STAFF. 2. THE COORDINATOR SHALL REQUIRE EACH DESIGNATED LEGAL ORGANIZATION TO IDENTIFY THE GEOGRAPHIC AREAS FOR WHICH SUCH ORGANIZATION SHALL PROVIDE LEGAL SERVICES. FOR EACH SUCH GEOGRAPHIC AREA, THE COORDINATOR SHALL MAINTAIN A LIST OF DESIGNATED LEGAL SERVICE ORGANIZATIONS. 3. IN DEVELOPING THE PROGRAM UNDER SUBDIVISION ONE OF THIS SECTION, THE COORDINATOR SHALL CONSULT WITH: (A) TENANTS, REPRESENTATIVES FOR TENANTS, AND COMMUNITY GROUPS; (B) REPRESENTATIVES OF DESIGNATED LEGAL ORGANIZATIONS AND UNIONS ENGAGED IN REPRESENTING EMPLOYEES OF DESIGNATED LEGAL ORGANIZATIONS; S. 6678 6 (C) REPRESENTATIVES OF THE NEW YORK STATE BAR ASSOCIATION, THE NEW YORK CITY BAR ASSOCIATION, THE NETWORK OF BAR LEADERS, AND OTHER LOCAL BAR ASSOCIATIONS IN NEW YORK STATE; AND (D) REPRESENTATIVES OF THE JUDICIARY. 4. THE COORDINATOR SHALL ESTIMATE ANNUALLY THE EXPENDITURES REQUIRED FOR EACH YEAR OF IMPLEMENTATION OF THE PROGRAM DESCRIBED IN THIS SECTION. THE ESTIMATE OF REQUIRED EXPENDITURES SHALL BE SUFFICIENT TO ENABLE DESIGNATED LEGAL ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE AND MAINTAIN THE QUALIFICATIONS SET FORTH IN PARAGRAPH (C) OF SUBDIVI- SION ONE OF THIS SECTION. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY- THREE, AND NO LATER THAN JANUARY FIRST OF EACH YEAR THEREAFTER, THE COORDINATOR SHALL PUBLISH A SUMMARY OF ANY CHANGES TO SUCH ESTIMATES FOR EXPENDITURES. 5. THE COORDINATOR SHALL ANNUALLY REVIEW THE PERFORMANCE OF DESIGNATED LEGAL ORGANIZATIONS. § 800-G. COMMUNITY ENGAGEMENT. 1. THE COORDINATOR SHALL IDENTIFY ONE OR MORE DESIGNATED COMMUNITY ORGANIZATIONS CAPABLE OF PROVIDING COMMUNI- TY EDUCATION AND ORGANIZATION. IN IDENTIFYING DESIGNATED COMMUNITY ORGANIZATIONS, THE COORDINATOR SHALL ONLY CONSIDER ORGANIZATIONS THAT HAVE THE CAPACITY TO PROVIDE HIGH QUALITY ASSISTANCE AND SHALL, AT MINI- MUM, MEET THE FOLLOWING QUALIFICATIONS: (A) HAVE NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE; (B) MAINTAIN A PRACTICE OF FURNISHING FREE SERVICES; (C) POSSESS EXPERTISE AND EXPERIENCE IN COMMUNITY EDUCATION AND ORGAN- IZATION, AND TIES TO THE COMMUNITIES THEY SERVE; (D) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK; (E) POSSESS ADEQUATE EXPERTISE TO PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSE TO EMERGING OR CHANGING NEEDS IN THE COMMUNITIES SERVED; AND (F) MAINTAIN REASONABLE WORKLOADS AND WORKING CONDITIONS FOR THEIR STAFF. 2. WITH THE SUPPORT OF THE COORDINATOR AND ADEQUATE FUNDING, DESIG- NATED COMMUNITY ORGANIZATIONS SHALL BE RESPONSIBLE FOR ENGAGING AND EDUCATING TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS, INCLUDING BUT NOT LIMITED TO: HOSTING TRAININGS AND OTHER WORKSHOPS FOR TENANTS; DISTRIBUTING WRITTEN INFORMATION TO TENANTS; ASSISTING TENANTS IN FORM- ING AND MAINTAINING TENANT ASSOCIATIONS; REFERRING TENANTS TO DESIGNATED LEGAL ORGANIZATIONS; AND OTHER ACTIVITIES TO ENGAGE, EDUCATE, OR INFORM TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS. ENGAGEMENT AND EDUCA- TION SHALL BE PROVIDED IN DESIGNATED STATEWIDE LANGUAGES. § 800-H. PUBLIC HEARINGS. 1. FOLLOWING THE ESTABLISHMENT OF THE PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE, ONCE EACH YEAR THE COORDINATOR SHALL HOLD A PUBLIC HEARING FOR EACH JUDICIAL DEPARTMENT TO RECEIVE RECOMMENDATIONS AND FEEDBACK ABOUT SUCH PROGRAM. 2. SUCH HEARING SHALL BE OPEN TO THE PUBLIC, AND THE COORDINATOR SHALL PROVIDE NOTICE OF SUCH HEARING, NO LESS THAN THIRTY DAYS BEFORE SUCH HEARING, BY: (A) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN THE HOUSING COURTS AND OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD; (B) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN PUBLIC OFFICES OF COUNTY SOCIAL SERVICES/HUMAN RESOURCES DEPARTMENTS; AND (C) PUBLICIZING THROUGH LOCAL MEDIA AND TO EACH DESIGNATED LEGAL ORGANIZATION, EACH DESIGNATED COMMUNITY ORGANIZATION, LOCAL ELECTED S. 6678 7 OFFICIALS, THE SUPERVISING JUDGES OF THE HOUSING COURTS, OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD, AND COMMUNITY-BASED ORGANIZATIONS. 3. AT SUCH HEARINGS, WRITTEN AND ORAL TESTIMONY MAY BE PROVIDED. 4. THE COORDINATOR SHALL CAUSE A TRANSCRIPT OF SUCH HEARINGS TO BE PRODUCED AND SHALL POST SUCH TRANSCRIPT ONLINE NO LATER THAN FORTY-FIVE DAYS AFTER A HEARING. § 800-I. REPORTING. 1. THE COORDINATOR SHALL PROVIDE THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY WITH AN ANNUAL FINANCIAL AUDIT OF THE PROGRAM'S ACTIVITIES, PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED IN THE STATE OF NEW YORK AND CARRIED OUT IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS. 2. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND JANUARY FIRST OF EVERY OTHER YEAR THEREAFTER, THE COORDINATOR SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, AND POST ONLINE, A REVIEW OF THE PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE AND INFORMATION REGARDING SUCH PROGRAM'S IMPLEMENTATION, TO THE EXTENT SUCH INFORMATION IS AVAILABLE, INCLUDING, BUT NOT LIMITED TO: (A) THE ESTIMATED NUMBER OF COVERED INDIVIDUALS IN THE STATE; (B) THE NUMBER OF COVERED INDIVIDUALS WHO HAVE RECEIVED LEGAL SERVICES, DISAGGREGATED BY THE FOLLOWING CHARACTERISTICS OF SUCH INDI- VIDUALS: (I) GENDER, RACE, ETHNICITY, AND AGE; (II) COUNTY AND POSTAL CODE OF RESIDENCE; (III) HOUSEHOLD SIZE; (IV) ESTIMATED LENGTH OF TENANCY; (V) APPROXIMATE HOUSEHOLD INCOME; (VI) RECEIPT OF ONGOING PUBLIC ASSISTANCE AT THE TIME SUCH LEGAL SERVICES WERE INITIATED; (VII) TENANCY IN RENT-REGULATED HOUSING; AND (VIII) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL, STATE OR LOCAL RENTAL SUBSIDY PROGRAM; (C) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE; (D) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (E) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL REPRE- SENTATION, AS APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF: (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE; (II) JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR RESI- DENCE; AND (III) INSTANCES WHERE AN ATTORNEY REPRESENTING A COVERED INDIVIDUAL WAS DISCHARGED OR WITHDREW; (F) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS; (G) RESIDENTIAL EVICTIONS CONDUCTED BY SHERIFFS OR CITY MARSHALS, DISAGGREGATED BY COUNTY; (H) A LIST OF DESIGNATED COMMUNITY ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (I) THE NUMBER OF BUILDINGS IN WHICH OUTREACH WAS CONDUCTED, THE NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH WORKSHOPS, THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE, AND THE NUMBER OF TRAIN- INGS OFFERED; AND S. 6678 8 (J) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR ANY FUTURE PROGRAMMATIC IMPROVEMENTS. § 3. Section 701 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. ANY COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION EIGHT HUNDRED-C OF THIS CHAPTER, SHALL NOTIFY ALL RESPONDENTS BY MAIL UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE TRIAL, OF SUCH RESPONDENT'S CIVIL RIGHT TO COUNSEL IN AN EVICTION PROCEEDING UNDER ARTICLE SEVEN-C OF THIS CHAPTER. § 4. Subdivisions 1 and 2 of section 711 of the real property actions and proceedings law, subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivision 2 as amended by section 12 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. The tenant continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord or, in a case where a new lessee is entitled to possession, without the permission of the new lessee. Acceptance of rent after commencement of the special proceeding upon this ground shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be. A proceeding seeking to recover possession of real property by reason of the termination of the term fixed in the lease pursuant to a provision contained therein giving the landlord the right to terminate the time fixed for occupancy under such agreement if he deem the tenant objectionable, shall not be maintainable unless the landlord shall by competent evidence establish to the satis- faction of the court that the tenant is objectionable. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY PETITION TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE, IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE, OF SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER. 2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him as prescribed in section seven hundred thirty- five of this article. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FILING FOR ANY PETITION FOR NON-PAYMENT OF RENT UNLESS THE WRITTEN DEMAND FOR RENT REQUIRED BY THIS SECTION CONTAINS A NOTICE OF THE RESPONDENT'S CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS, AS REQUIRED BY SUBDIVISION SIX OF SECTION SEVEN HUNDRED FORTY-ONE OF THIS ARTICLE. Any person succeeding to the landlord's interest in the prem- ises may proceed under this subdivision for rent due his predecessor in interest if he has a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occu- pied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants. § 5. Section 713 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY PETITION TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE S. 6678 9 PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTEST- ING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE, IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE, OF SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER. § 6. Section 741 of the real property actions and proceedings law is amended by adding three new subdivisions 6, 7 and 8 to read as follows: 6. NOTIFY THE RESPONDENT OF THE EXISTENCE OF THE CIVIL RIGHT TO COUN- SEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER, AND SHALL PROVIDE A PHONE NUMBER, WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECURING COUNSEL. 7. STATE THE RIGHT TO AN ADJOURNMENT OF THE PROCEEDINGS UNTIL A COVERED INDIVIDUAL, AS DEFINED IN SECTION EIGHT HUNDRED-C OF THIS CHAP- TER, IS ABLE TO RETAIN AND CONSULT WITH COUNSEL. 8. STATE THAT ANY AND ALL PREDICATE NOTICES SERVED UPON THE RESPONDENT INCLUDED NOTICE OF THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER, AND PROVIDED A PHONE NUMBER, WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECUR- ING COUNSEL. § 7. Section 745 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. WHERE A RESPONDENT WHO IS A COVERED INDIVIDUAL UNDER ARTICLE SEVEN-C OF THIS CHAPTER APPEARS IN COURT WITHOUT COUNSEL, THE COURT SHALL NOTIFY SUCH RESPONDENT ORALLY OF THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ESTABLISHED BY ARTICLE SEVEN-C OF THIS CHAPTER, AND IF SUCH RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL AND PROVIDE SUFFICIENT TIME, NOT LESS THAN FOURTEEN DAYS, FOR SUCH RESPONDENT TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER ADJOURNMENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO OBTAIN COUNSEL. § 8. Subdivisions 1 and 3 of section 749 of the real property actions and proceedings law, as amended by section 19 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. Upon rendering a final judgment for petitioner, the court shall issue a warrant directed to the sheriff of the county or to any consta- ble or marshal of the city in which the property, or a portion thereof, is situated, or, if it is not situated in a city, to any constable of any town in the county, describing the property, stating the earliest date upon which execution may occur pursuant to the order of the court, and commanding the officer to remove all persons named in the proceed- ing, provided upon a showing of good cause, the court may issue a stay of re-letting or renovation of the premises for a reasonable period of time. HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE OF A WARRANT OF EVICTION AGAINST A RESPONDENT WHO HAS DEFAULTED, OR AUTHORIZE THE EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT, UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDA- VIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF THE RESPONDENT'S CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS IN THE NOTICE OF PETITION AND IN ANY PREDICATE NOTICE AS REQUIRED BY SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE. 3. Nothing contained herein shall deprive the court of the power to stay or vacate such warrant for good cause shown prior to the execution thereof, or to restore the tenant to possession subsequent to execution of the warrant. THE FAILURE OF THE COURT OR THE PETITIONER TO COMPLY WITH THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS PURSUANT TO S. 6678 10 ARTICLE SEVEN-C OF THIS CHAPTER SHALL CONSTITUTE GOOD CAUSE TO VACATE SUCH WARRANT. In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the full rent due at any time prior to its execution, unless the petitioner estab- lishes that the tenant withheld the rent due in bad faith. Petitioner may recover by action any sum of money which was payable at the time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was issued, for any period of time with respect to which the agreement does not make any provision for payment of rent. § 9. The real property law is amended by adding a new section 235-i to read as follows: § 235-I. LEASE PROVISIONS WAIVING RIGHT TO COUNSEL VOID. ANY PROVISION OF A LEASE OR CONTRACT WAIVING OR LIMITING THE RIGHT TO COUN- SEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW SHALL BE VOID. § 10. This act shall take effect immediately.
Co-Sponsors
Jamaal T. Bailey
(D) 36th Senate District
Alessandra Biaggi
(D, WF) 0 Senate District
Jabari Brisport
(D, WF) 25th Senate District
Samra G. Brouk
(D, WF) 55th Senate District
- view additional co-sponsors
Cordell Cleare
(D) 30th Senate District
Jeremy A. Cooney
(D, WF) 56th Senate District
Michael Gianaris
(D, WF) 12th Senate District
Pete Harckham
(D, WF) 40th Senate District
Michelle Hinchey
(D, WF) 41st Senate District
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Robert Jackson
(D, WF) 31st Senate District
Timothy M. Kennedy
(D, WF) 63rd Senate District
John C. Liu
(D) 16th Senate District
John W. Mannion
(D) 50th Senate District
Shelley B. Mayer
(D, WF) 37th Senate District
Zellnor Myrie
(D) 20th Senate District
Jessica Ramos
(D, WF) 13th Senate District
Elijah Reichlin-Melnick
(D, WF) 0 Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
José M. Serrano
(D, WF) 29th Senate District
James Skoufis
(D) 42nd Senate District
S6678A - Details
- See Assembly Version of this Bill:
- A7570
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Executive Law
- Laws Affected:
- Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
- Versions Introduced in 2023-2024 Legislative Session:
-
S2721, A1493
S6678A - Sponsor Memo
BILL NUMBER: S6678A SPONSOR: MAY TITLE OF BILL: An act to amend the real property actions and proceedings law and the real property law, in relation to establishing the civil right to coun- sel in eviction proceedings PURPOSE: Establishes the civil right to counsel in eviction proceedings in New York State. SUMMARY OF PROVISIONS: Section 1: Sets forth legislative findings. Section 2: Provides for the addition of Article 7-C, the Civil Right to Counsel in Eviction Proceedings Act, as part of the Real Property Actions and Proceedings Law.
* All covered individuals facing eviction proceedings are to be provided with legal representation at the government's expense. * This will not affect the right to counsel in any other civil or crimi- nal action. And if a court finds any portion of this law to be invalid, such order or judgment cannot affect or invalidate the remainder of this Article. * Provides the relevant definitions for "Coordinator," "Covered individ- ual," "Covered proceeding," "Designated legal organization," "Designated community organization," "Designated statewide languages," "Full legal representation," "Housing accommodation," and "Office." * The civil right to counsel in eviction proceedings is created and establishes that this civil right must apply in covered proceedings. * Establishes the New York State Office of Civil Justice. The position of Civil Justice Coordinator, appointed by the Governor, will lead this new Office. The Coordinator must: * Create a new program to provide individuals with access to legal services in eviction proceedings; * advise and assist the governor in planning and implementing coordi- nation and cooperation among state agencies; * annually apprise the governor, the temporary president of the senate, and the speaker of the assembly of the need for designated legal organ- izations and designated community organizations; * propose an amount of funding for designated legal organizations and designated community organizations; * serve as liaison for the state with designated legal organizations and designated community organizations;ò * promulgate any necessary rules and regulations; * prepare a list of designated languages; * support outreach and education by designated community organizations; * perform other duties as the governor may assign; * identify at least one designated legal organization or consortium of designated legal organizations capable of providing legal services in covered proceedings in each region of the state; * consult with tenants, unions representing employees of designated legal organizations, bar associations, and representatives of the judiciary; * estimate annual expenditures; * identify one or more designated community organizations capable of providing community education and organization; * conduct a public hearing for each judicial department once a year to receive recommendations and feedback about such program; * provide the governor, the temporary president of the senate, and the speaker of the assembly with an annual financial audit of the program's activities, and a review of the program that contains pertinent informa- tion regarding how many individuals were represented in eviction proceedings, their backgrounds, and certain information about the proceedings themselves. Section 3: A court overseeing an eviction proceeding must notify a respondent that such-a respondent has a right to civil counsel at least fourteen days before trial by mail. Section 4: In situations where a landlord-tenant relationship exists, a proceeding or filing to recover possession of real property or to recover for nonpayment of rent cannot be maintained or accepted by a court unless a petitioner has demonstrated that the respondent has been provided with written notice of the right to counsel in eviction proceedings. Section 5: In situations where a landlord-tenant relationship does not exist, a proceeding or filing to recover possession of real property or to recover for nonpayment of rent cannot be maintained or accepted by a court unless a petitioner has demonstrated that the respondent has been provided with written notice of the right to counsel in eviction proceedings. Section 6: In proceedings to recover possession of real property, a petition must notify the respondent of the civil right to counsel in eviction proceedings, and that all proceedings can be adjourned until the respondent has had time to retain and consult with counsel. Furthermore, any and all predicate notices served upon the respondent must include notice of the civil right to counsel in eviction proceedings, and must provide a phone number, website address and other information to assist the respondent in securing counsel. Section 7: Covered individuals who appear in court without counsel must be informed orally by the court that the civil right to counsel in eviction proceedings exists, and if such an individual would like coun- sel, the court must adjourn proceedings for at least fourteen days for the individual to retain counsel. Section 8: A court cannot authorize the issuance of a warrant of eviction unless the petitioner has filed an affidavit attesting that the respondent was provided with written notice of the respondent's civil right to counsel in eviction proceedings in the notice of petition and in any predicate notice. Failure to do so will constitute good cause to vacate a warrant of eviction. Section 9: Provides that a lease or contract containing a waiver or limitation of the right to counsel in eviction proceedings is deemed void. Section 10: Sets the effective date. JUSTIFICATION: During eviction proceedings, the overwhelming majority of landlords are represented during eviction proceedings, while most tenants are not. This is an obvious power imbalance that often leads to unjust outcomes, and many tenants are evicted where they would otherwise would not be if they had competent legal representation. High levels of evictions have a disastrous effect on people's lives and serve to increase New York's already high homeless levels. This has a negative impact on public funds, as the State is forced to expend resources on shelter services, emergency room costs, homelessness services, and more. This Bill seeks to correct these shortcomings by providing that tenants will have a civil right to counsel in eviction proceedings in New York State. It establishes the New York State Office of Civil Justice, with the position of Civil Justice Coordinator to lead this Office, which will contract with both non-profit legal services organizations to provide counsel to tenants, and with non-profit community-based organizations to provide tenants' rights education and tenant organizing. It will hold public hearings and produce annual reports on implementation and finan- cial auditing. Just as significant, tenants must be provided with written notice of their Right to Counsel before any court filing or proceeding can contin- ue, including before an eviction warrant or default judgement is issued. A tenant's Right to Counsel must be included in predicate notices, and this must be served to the tenant before an eviction case can proceed. Tenants are given information (e.g., phone number or website) in order to contact a Right to Counsel lawyer. Cases are adjourned until the tenant is able to retain and consult with their lawyer. Judges must verbally inform tenants of their Right to Counsel if they appear in court without a lawyer. And a failure of the court, the landlord, or landlord's lawyer to comply with the tenant's Right to Counsel will result in vacating any eviction warrants. In 2017, New York City became the first city in the country to pass Right to Counsel, which has not only led to landlords suing tenants less, but 86 percent of tenants who had a right to counsel lawyer won their case and were able to remain in their homes. Furthermore, the seven cities that now have a Right to Counsel have seen up to a 77 percent reduction in evictions. FISCAL IMPACT ON THE STATE: To be determined. LEGISLATIVE HISTORY: None EFFECTIVE DATE: This act shall take effect immediately.
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.
LBD11311-03-1 S. 6678--A 2 prohibit discrimination, regulate rents and provide rental subsidies. Representation of persons who face losing their homes in legal proceedings is essential to the fair functioning of the justice system and protects the rights to due process and equal protection of the law. Evictions disrupt lives and livelihoods, force tenants to seek alter- native housing in a market with a severe shortage of affordable housing and significantly increase the risk of homelessness. The short- and long-term effects of evictions and homelessness are devastating to indi- viduals and families and can affect physical and mental health, employ- ment, education, and engagement with the criminal justice system. Providing legal assistance to tenants who face eviction not only protects individuals and families from the devastating effects of eviction and homelessness, it saves public funds that would otherwise be spent on shelters and services to people experiencing homelessness as well as public expenses for addressing the wide range of detrimental short- and long-term effects of eviction and homelessness. New York is facing an eviction crisis of unfathomable proportions due to the COVID-19 pandemic. According to an analysis of July 15th Census Bureau data, almost half (46 percent) of all renting households in the state were not able to pay rent and are at risk of eviction. In 2017, New York City adopted legislation that guarantees a right to counsel for tenants facing eviction. Even though the right to counsel in eviction proceedings in New York City is still in the implementation phase, a study conducted by the New York City Office of Civil Justice that analyzed data pertaining to New York City Housing Court proceedings from 2013-2019 found that legal representation in eviction matters has an enormously beneficial effect as shown by the following data: 1. Evictions dropped 41 percent overall since 2013, including a 15 percent drop in 2019 alone; 2. Eviction filings dropped by 30 percent between 2013 and 2019, including a 20 percent drop in 2019 alone; 3. Default judgments dropped 34 percent between 2013 and 2019; 4. Requests by tenants to bring their cases back to the Housing Court calendar on an emergency basis dropped by 38 percent during that time period, because tenant representation is ensuring these issues are addressed at the start of the case; and 5. Overall, 84 percent of tenants who were represented by counsel remained in their homes. § 2. The real property actions and proceedings law is amended by adding a new article 7-C to read as follows: ARTICLE 7-C CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT SECTION 800. SHORT TITLE. 800-A. LEGISLATIVE PURPOSE. 800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY. 800-C. DEFINITIONS. 800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED. 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 800-F. PROVISION OF LEGAL SERVICES. 800-G. COMMUNITY ENGAGEMENT. 800-H. PUBLIC HEARINGS. 800-I. REPORTING. § 800. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT". S. 6678--A 3 § 800-A. LEGISLATIVE PURPOSE. 1. CIVIL RIGHT TO COUNSEL. THE PURPOSE OF THIS ARTICLE IS TO CREATE A CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS IN NEW YORK STATE THAT GUARANTEES ALL COVERED INDIVIDUALS ARE PROVIDED HIGH QUALITY LEGAL REPRESENTATION AT GOVERNMENT EXPENSE IN ALL COVERED PROCEEDINGS. THE CIVIL RIGHT TO COUNSEL FOR PEOPLE WHO FACE EVICTION IS INTENDED TO ENSURE FAIR AND BALANCED PROCEEDINGS THAT COMPORT WITH THE CONSTITUTIONAL RIGHTS TO DUE PROCESS AND EQUAL PROTECTION AND, GIVEN THE DEVASTATING CONSEQUENCES OF EVICTION, OUTWEIGH ALL OTHER CONSIDERATIONS IN THE ADMINISTRATION OF LEGAL PROCEEDINGS THAT COULD RESULT IN EVICTION. 2. NEW YORK CONSTITUTIONAL SOURCE OF THE RIGHT. THE SOURCE OF THE RIGHT EXISTS IN SECTION ONE OF ARTICLE SEVENTEEN OF THE NEW YORK STATE CONSTITUTION, WHICH PROVIDES THAT THE AID, CARE AND SUPPORT OF THE NEEDY ARE PUBLIC CONCERNS AND SHALL BE PROVIDED BY THE STATE AND BY SUCH OF ITS SUBDIVISIONS, AND IN SUCH MANNER AND BY SUCH MEANS, AS THE LEGISLA- TURE MAY FROM TIME TO TIME DETERMINE. FURTHER, SECTION THREE OF ARTICLE SEVENTEEN OF THE NEW YORK STATE CONSTITUTION PROVIDES THAT THE PROTECTION AND PROMOTION OF THE HEALTH OF THE INHABITANTS OF THE STATE ARE MATTERS OF PUBLIC CONCERN AND PROVISIONS THEREFOR SHALL BE MADE BY THE STATE AND BY SUCH OF ITS SUBDIVISIONS AND IN SUCH MANNER, AND BY SUCH MEANS AS THE LEGISLATURE SHALL FROM TIME TO TIME DETERMINE. § 800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY. 1. THIS ARTICLE SHALL BE INTERPRETED BROADLY TO EFFECTUATE THE PURPOSES DESCRIBED IN SECTION EIGHT HUNDRED-A OF THIS ARTICLE. 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO NEGATE, ALTER, OR LIMIT ANY RIGHT TO COUNSEL IN ANY CIVIL OR CRIMINAL ACTION OR PROCEEDING OTHERWISE PROVIDED UNDER THE NEW YORK STATE CONSTITUTION OR ANY NEW YORK STATE STATUTE. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISION OF LAW, THIS ARTICLE SHALL GOVERN. 3. IF ANY WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY A COURT OF COMPETENT JURIS- DICTION, SUCH ORDER OR JUDGMENT SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF THIS ARTICLE, AND SHALL BE CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED, AND TO THE WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. § 800-C. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "COORDINATOR" MEANS THE CIVIL JUSTICE COORDINATOR APPOINTED PURSU- ANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. 2. "COVERED INDIVIDUAL" MEANS AN INDIVIDUAL WHO RESIDES IN A HOUSING ACCOMMODATION AND IS AT RISK OF LOSING THEIR HOUSING OR REASONABLY ANTICIPATED TO BE AT RISK OF LOSING THEIR HOUSING. 3. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT A COVERED INDI- VIDUAL, INCLUDING A SUMMARY PROCEEDING TO SEEK POSSESSION FOR THE NON- PAYMENT OF RENT OR A HOLDOVER, OR ANY OTHER PROCEEDING FOR TERMINATION OF TENANCY, OR ANY PROCEEDING THAT COULD RESULT IN AN INDIVIDUAL LOSING SUCH INDIVIDUAL'S HOUSING ACCOMMODATION. "COVERED PROCEEDING" SHALL INCLUDE, BUT NOT BE LIMITED TO PROCEEDINGS: (A) TO EVICT A COVERED INDIVIDUAL, AND SUCH PROCEEDINGS ARE COVERED AS SOON AS AN OWNER OR MANAGING AGENT SERVES A PREDICATE NOTICE TERMINATING A TENANCY, DEMANDING RENT OR ANY OTHER WRITING INDICATING AN INTENT TO INITIATE A COVERED PROCEEDING; S. 6678--A 4 (B) INITIATED BY A COVERED INDIVIDUAL TO CORRECT VIOLATIONS OF LAW RELATING TO HAZARDOUS HOUSING STANDARDS; (C) TO TERMINATE AN ELIGIBLE INDIVIDUAL FROM PARTICIPATION IN ANY NEW YORK STATE, LOCALITY, OR FEDERAL HOUSING SUBSIDY PROGRAM; (D) INITIATED BY A COVERED INDIVIDUAL IN RESPONSE TO UNLAWFUL LANDLORD OR OWNER BEHAVIOR; (E) OWNER OR LANDLORD INITIATED APPEALS OR APPEALS INITIATED BY A COVERED INDIVIDUAL UPON AN ADVERSE RULING; AND (F) ANY OTHER PROCEEDING COMMENCED AGAINST OR BY AN INDIVIDUAL THAT A DESIGNATED LEGAL ORGANIZATION DETERMINES IN ITS SOLE DISCRETION CAN BE REASONABLY ANTICIPATED TO LEAD TO LOSS OF SUCH INDIVIDUAL'S HOME OR HOUSING ACCOMMODATION. 4. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO PROVIDE COMPREHEN- SIVE AND EFFECTIVE LEGAL SERVICES AND IS DESIGNATED BY THE COORDINATOR PURSUANT TO THIS ARTICLE. 5. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGAN- IZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE THAT PROVIDE COMMUNITY EDUCATION AND ORGANIZATION REGARDING RIGHTS OF TENANTS. 6. "DESIGNATED STATEWIDE LANGUAGES" MEANS LANGUAGES DESIGNATED BY THE COORDINATOR PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. 7. "FULL LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED BY A DESIGNATED LEGAL ORGANIZATION TO A COVERED INDIVIDUAL AND INCLUDES ALL LEGAL ADVICE, ADVOCACY, AND ASSISTANCE ASSOCIATED WITH SUCH REPRESENTATION. "FULL LEGAL REPRESENTATION" SHALL INCLUDE, BUT NOT BE LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION OF PLEADINGS AND MOTIONS ON BEHALF OF COVERED INDIVIDUALS, COURT APPEAR- ANCES ON BEHALF OF COVERED INDIVIDUALS, PRE- AND POST-TRIAL SETTLEMENT CONFERENCES, AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE ZEALOUS AND EFFECTIVE REPRESENTATION IN A COVERED PROCEEDING. 8. "HOUSING ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC- TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR INTENDED, ARRANGED OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD- ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL ESSENTIAL SERVICES, PRIVI- LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH THE OCCUPATION THEREOF. 9. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTAB- LISHED PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. 10. "EVICTION PROCEEDING" MEANS A COVERED PROCEEDING. § 800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED. 1. THE CIVIL RIGHT TO FULL REPRESENTATION BY COUNSEL IN COVERED PROCEEDINGS FOR COVERED INDIVIDUALS IS HEREBY CREATED AND SHALL APPLY TO ALL PENDING COVERED PROCEEDINGS AT THE TIME OF THE EFFECTIVE DATE OF THIS SECTION, AND TO ALL COVERED PROCEEDINGS INITIATED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 2. THE CIVIL RIGHT TO COUNSEL IN COVERED PROCEEDINGS SHALL APPLY TO A COVERED INDIVIDUAL UPON THE SERVICE OF A PREDICATE NOTICE UPON SUCH INDIVIDUAL, UPON THE COMMENCEMENT OF A COVERED PROCEEDING, OR UPON A DETERMINATION BY A DESIGNATED LEGAL ORGANIZATION THAT A COVERED PROCEED- ING IS REASONABLY ANTICIPATED, WHICHEVER OCCURS EARLIER. § 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 1. THERE IS HEREBY ESTABLISHED THE "NEW YORK STATE OFFICE OF CIVIL JUSTICE" TO CONDUCT PLANNING AND IMPLEMENTATION OF THE PURPOSES OF THIS ARTICLE. S. 6678--A 5 2. THE OFFICE SHALL BE HEADED BY A CIVIL JUSTICE COORDINATOR WHO SHALL BE APPOINTED BY THE GOVERNOR. THE CIVIL JUSTICE COORDINATOR SHALL HAVE THE POWER AND DUTY TO: (A) CREATE AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE; (B) ADVISE AND ASSIST THE GOVERNOR IN PLANNING AND IMPLEMENTING COOR- DINATION AND COOPERATION AMONG STATE AGENCIES NECESSARY FOR THE IMPLE- MENTATION OF THIS ARTICLE; (C) PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT OF THE NEED FOR DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS IN THE STATE, AND WHETHER CURRENT DESIGNATED LEGAL ORGANIZATIONS AND DESIG- NATED COMMUNITY ORGANIZATIONS ARE ABLE TO MEET THE NEEDS OF COVERED INDIVIDUALS; (D) PROPOSE AN AMOUNT OF FUNDING FOR DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS THAT IS SUFFICIENT TO ASSIST ALL COVERED INDIVIDUALS, AND TO ENABLE SUCH ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE AND HAVE REASONABLE WORKLOADS, DECENT WORKING CONDI- TIONS, AND ADEQUATE COMPENSATION FOR THEIR STAFF; (E) SERVE AS LIAISON FOR THE STATE WITH DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS; (F) PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS ARTICLE; (G) PREPARE A LIST OF DESIGNATED LANGUAGES THAT SHALL CONSIST OF LANGUAGES SPOKEN BY A LARGE ENOUGH POPULATION OF NEW YORK RESIDENTS THAT PREPARATION OF MATERIALS AND CONDUCT OF EDUCATION AND ENGAGEMENT BY DESIGNATED COMMUNITY ORGANIZATIONS IN SUCH LANGUAGES IS APPROPRIATE; (H) SUPPORT OUTREACH AND EDUCATION BY DESIGNATED COMMUNITY ORGANIZA- TIONS, TO SPREAD AWARENESS OF THE AVAILABILITY OF DESIGNATED LEGAL ORGANIZATIONS; AND (I) PERFORM SUCH OTHER DUTIES AS THE GOVERNOR MAY ASSIGN. § 800-F. PROVISION OF LEGAL SERVICES. 1. THE COORDINATOR SHALL ESTAB- LISH A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES FOR COVERED INDIVID- UALS IN COVERED PROCEEDINGS AND SHALL, NO LATER THAN NINETY DAYS FOLLOW- ING THE EFFECTIVE DATE OF THIS ARTICLE: (A) ENSURE THAT A SYSTEM IS IN PLACE TO PROVIDE ALL COVERED INDIVID- UALS IN THE STATE WITH COUNSEL FOR COVERED PROCEEDINGS, AND THAT ANY NOTICE OF PETITION FOR SUMMARY EVICTION PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN OF THIS CHAPTER PROVIDES NOTICE TO COVERED INDIVIDUALS OF THEIR RIGHT TO COUNSEL AND HOW THEY MAY SECURE SUCH COUNSEL; (B) ENSURE THAT ALL COVERED INDIVIDUALS RECEIVE ACCESS TO FULL LEGAL REPRESENTATION AS PROVIDED UNDER SUBDIVISION TWO OF SECTION EIGHT HUNDRED-D OF THIS ARTICLE; AND (C) IDENTIFY AT LEAST ONE DESIGNATED LEGAL ORGANIZATION OR CONSORTIUM OF DESIGNATED LEGAL ORGANIZATIONS CAPABLE OF PROVIDING LEGAL SERVICES IN COVERED PROCEEDINGS IN EACH REGION OF THE STATE. IN IDENTIFYING DESIG- NATED LEGAL ORGANIZATIONS, THE COORDINATOR SHALL ONLY CONSIDER PROVIDERS THAT HAVE THE CAPACITY TO PROVIDE HIGH QUALITY LEGAL ASSISTANCE AND, AT MINIMUM, MEET THE FOLLOWING QUALIFICATIONS: (I) HAVE NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE; (II) MAINTAIN A PRACTICE OF FURNISHING FREE LEGAL SERVICES TO INDIVID- UALS WHO CANNOT AFFORD THE SERVICES OF A LICENSED LEGAL PROFESSIONAL; (III) POSSESS EXPERTISE IN HOUSING LAW, LANDLORD-TENANT LAW, OR RELATED EXPERIENCE IN REPRESENTING COVERED INDIVIDUALS IN COVERED PROCEEDINGS; S. 6678--A 6 (IV) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE LEGAL ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK; (V) POSSESS ADEQUATE INFRASTRUCTURE AND EXPERTISE TO PROVIDE CONSIST- ENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSES TO EMERGING OR CHANGING NEEDS IN THE CLIENT COMMUNI- TIES SERVED; AND (VI) WITH SUFFICIENT FUNDING, HAVE THE CAPACITY TO MAINTAIN REASONABLE CASELOADS AND WORKING CONDITIONS FOR THEIR ATTORNEYS, PARALEGALS, AND OTHER STAFF. 2. THE COORDINATOR SHALL REQUIRE EACH DESIGNATED LEGAL ORGANIZATION TO IDENTIFY THE GEOGRAPHIC AREAS FOR WHICH SUCH ORGANIZATION SHALL PROVIDE LEGAL SERVICES. FOR EACH SUCH GEOGRAPHIC AREA, THE COORDINATOR SHALL MAINTAIN A LIST OF DESIGNATED LEGAL SERVICE ORGANIZATIONS. 3. IN DEVELOPING THE PROGRAM UNDER SUBDIVISION ONE OF THIS SECTION, THE COORDINATOR SHALL CONSULT WITH: (A) TENANTS, REPRESENTATIVES FOR TENANTS, AND COMMUNITY GROUPS; (B) REPRESENTATIVES OF DESIGNATED LEGAL ORGANIZATIONS AND UNIONS ENGAGED IN REPRESENTING EMPLOYEES OF DESIGNATED LEGAL ORGANIZATIONS; (C) REPRESENTATIVES OF THE NEW YORK STATE BAR ASSOCIATION, THE NEW YORK CITY BAR ASSOCIATION, THE NETWORK OF BAR LEADERS, AND OTHER LOCAL BAR ASSOCIATIONS IN NEW YORK STATE; AND (D) REPRESENTATIVES OF THE JUDICIARY. 4. THE COORDINATOR SHALL ESTIMATE ANNUALLY THE EXPENDITURES REQUIRED FOR EACH YEAR OF IMPLEMENTATION OF THE PROGRAM DESCRIBED IN THIS SECTION. THE ESTIMATE OF REQUIRED EXPENDITURES SHALL BE SUFFICIENT TO ENABLE DESIGNATED LEGAL ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE AND MAINTAIN THE QUALIFICATIONS SET FORTH IN PARAGRAPH (C) OF SUBDIVI- SION ONE OF THIS SECTION. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY- THREE, AND NO LATER THAN JANUARY FIRST OF EACH YEAR THEREAFTER, THE COORDINATOR SHALL PUBLISH A SUMMARY OF ANY CHANGES TO SUCH ESTIMATES FOR EXPENDITURES. 5. THE COORDINATOR SHALL ANNUALLY REVIEW THE PERFORMANCE OF DESIGNATED LEGAL ORGANIZATIONS. § 800-G. COMMUNITY ENGAGEMENT. 1. THE COORDINATOR SHALL IDENTIFY ONE OR MORE DESIGNATED COMMUNITY ORGANIZATIONS CAPABLE OF PROVIDING COMMUNI- TY EDUCATION AND ORGANIZATION. IN IDENTIFYING DESIGNATED COMMUNITY ORGANIZATIONS, THE COORDINATOR SHALL ONLY CONSIDER ORGANIZATIONS THAT HAVE THE CAPACITY TO PROVIDE HIGH QUALITY ASSISTANCE AND SHALL, AT MINI- MUM, MEET THE FOLLOWING QUALIFICATIONS: (A) HAVE NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE; (B) MAINTAIN A PRACTICE OF FURNISHING FREE SERVICES; (C) POSSESS EXPERTISE AND EXPERIENCE IN COMMUNITY EDUCATION AND ORGAN- IZATION, AND TIES TO THE COMMUNITIES THEY SERVE; (D) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK; (E) POSSESS ADEQUATE EXPERTISE TO PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSE TO EMERGING OR CHANGING NEEDS IN THE COMMUNITIES SERVED; AND (F) MAINTAIN REASONABLE WORKLOADS AND WORKING CONDITIONS FOR THEIR STAFF. 2. WITH THE SUPPORT OF THE COORDINATOR AND ADEQUATE FUNDING, DESIG- NATED COMMUNITY ORGANIZATIONS SHALL BE RESPONSIBLE FOR ENGAGING AND EDUCATING TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS, INCLUDING BUT NOT LIMITED TO: HOSTING TRAININGS AND OTHER WORKSHOPS FOR TENANTS; DISTRIBUTING WRITTEN INFORMATION TO TENANTS; ASSISTING TENANTS IN FORM- S. 6678--A 7 ING AND MAINTAINING TENANT ASSOCIATIONS; REFERRING TENANTS TO DESIGNATED LEGAL ORGANIZATIONS; AND OTHER ACTIVITIES TO ENGAGE, EDUCATE, OR INFORM TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS. ENGAGEMENT AND EDUCA- TION SHALL BE PROVIDED IN DESIGNATED STATEWIDE LANGUAGES. § 800-H. PUBLIC HEARINGS. 1. FOLLOWING THE ESTABLISHMENT OF THE PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE, ONCE EACH YEAR THE COORDINATOR SHALL HOLD A PUBLIC HEARING FOR EACH JUDICIAL DEPARTMENT TO RECEIVE RECOMMENDATIONS AND FEEDBACK ABOUT SUCH PROGRAM. 2. SUCH HEARING SHALL BE OPEN TO THE PUBLIC, AND THE COORDINATOR SHALL PROVIDE NOTICE OF SUCH HEARING, NO LESS THAN THIRTY DAYS BEFORE SUCH HEARING, BY: (A) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN THE HOUSING COURTS AND OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD; (B) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN PUBLIC OFFICES OF COUNTY SOCIAL SERVICES/HUMAN RESOURCES DEPARTMENTS; AND (C) PUBLICIZING THROUGH LOCAL MEDIA AND TO EACH DESIGNATED LEGAL ORGANIZATION, EACH DESIGNATED COMMUNITY ORGANIZATION, LOCAL ELECTED OFFICIALS, THE SUPERVISING JUDGES OF THE HOUSING COURTS, OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD, AND COMMUNITY-BASED ORGANIZATIONS. 3. AT SUCH HEARINGS, WRITTEN AND ORAL TESTIMONY MAY BE PROVIDED. 4. THE COORDINATOR SHALL CAUSE A TRANSCRIPT OF SUCH HEARINGS TO BE PRODUCED AND SHALL POST SUCH TRANSCRIPT ONLINE NO LATER THAN FORTY-FIVE DAYS AFTER A HEARING. § 800-I. REPORTING. 1. THE COORDINATOR SHALL PROVIDE THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY WITH AN ANNUAL FINANCIAL AUDIT OF THE PROGRAM'S ACTIVITIES, PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED IN THE STATE OF NEW YORK AND CARRIED OUT IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS. 2. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND JANUARY FIRST OF EVERY OTHER YEAR THEREAFTER, THE COORDINATOR SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, AND POST ONLINE, A REVIEW OF THE PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE AND INFORMATION REGARDING SUCH PROGRAM'S IMPLEMENTATION, TO THE EXTENT SUCH INFORMATION IS AVAILABLE, INCLUDING, BUT NOT LIMITED TO: (A) THE ESTIMATED NUMBER OF COVERED INDIVIDUALS IN THE STATE; (B) THE NUMBER OF COVERED INDIVIDUALS WHO HAVE RECEIVED LEGAL SERVICES, DISAGGREGATED BY THE FOLLOWING CHARACTERISTICS OF SUCH INDI- VIDUALS: (I) GENDER, RACE, ETHNICITY, AND AGE; (II) COUNTY AND POSTAL CODE OF RESIDENCE; (III) HOUSEHOLD SIZE; (IV) ESTIMATED LENGTH OF TENANCY; (V) APPROXIMATE HOUSEHOLD INCOME; (VI) RECEIPT OF ONGOING PUBLIC ASSISTANCE AT THE TIME SUCH LEGAL SERVICES WERE INITIATED; (VII) TENANCY IN RENT-REGULATED HOUSING; AND (VIII) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL, STATE OR LOCAL RENTAL SUBSIDY PROGRAM; (C) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE; (D) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; S. 6678--A 8 (E) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL REPRE- SENTATION, AS APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF: (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE; (II) JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR RESI- DENCE; AND (III) INSTANCES WHERE AN ATTORNEY REPRESENTING A COVERED INDIVIDUAL WAS DISCHARGED OR WITHDREW; (F) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS; (G) RESIDENTIAL EVICTIONS CONDUCTED BY SHERIFFS OR CITY MARSHALS, DISAGGREGATED BY COUNTY; (H) A LIST OF DESIGNATED COMMUNITY ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (I) THE NUMBER OF BUILDINGS IN WHICH OUTREACH WAS CONDUCTED, THE NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH WORKSHOPS, THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE, AND THE NUMBER OF TRAIN- INGS OFFERED; AND (J) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR ANY FUTURE PROGRAMMATIC IMPROVEMENTS. § 3. Section 701 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. ANY COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION EIGHT HUNDRED-C OF THIS CHAPTER, SHALL NOTIFY ALL RESPONDENTS BY MAIL UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE TRIAL, OF SUCH RESPONDENT'S CIVIL RIGHT TO COUNSEL IN AN EVICTION PROCEEDING UNDER ARTICLE SEVEN-C OF THIS CHAPTER. § 4. Subdivisions 1 and 2 of section 711 of the real property actions and proceedings law, subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivision 2 as amended by section 12 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. The tenant continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord or, in a case where a new lessee is entitled to possession, without the permission of the new lessee. Acceptance of rent after commencement of the special proceeding upon this ground shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be. A proceeding seeking to recover possession of real property by reason of the termination of the term fixed in the lease pursuant to a provision contained therein giving the landlord the right to terminate the time fixed for occupancy under such agreement if he deem the tenant objectionable, shall not be maintainable unless the landlord shall by competent evidence establish to the satis- faction of the court that the tenant is objectionable. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY PETITION TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE, IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE, OF SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER. 2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, S. 6678--A 9 has been served upon him as prescribed in section seven hundred thirty- five of this article. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FILING FOR ANY PETITION FOR NON-PAYMENT OF RENT UNLESS THE WRITTEN DEMAND FOR RENT REQUIRED BY THIS SECTION CONTAINS A NOTICE OF THE RESPONDENT'S CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS, AS REQUIRED BY SUBDIVISION SIX OF SECTION SEVEN HUNDRED FORTY-ONE OF THIS ARTICLE. Any person succeeding to the landlord's interest in the prem- ises may proceed under this subdivision for rent due his predecessor in interest if he has a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occu- pied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants. § 5. Section 713 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY PETITION TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTEST- ING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE, IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE, OF SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER. § 6. Section 741 of the real property actions and proceedings law is amended by adding three new subdivisions 6, 7 and 8 to read as follows: 6. NOTIFY THE RESPONDENT OF THE EXISTENCE OF THE CIVIL RIGHT TO COUN- SEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER, AND SHALL PROVIDE A PHONE NUMBER, WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECURING COUNSEL. 7. STATE THE RIGHT TO AN ADJOURNMENT OF THE PROCEEDINGS UNTIL A COVERED INDIVIDUAL, AS DEFINED IN SECTION EIGHT HUNDRED-C OF THIS CHAP- TER, IS ABLE TO RETAIN AND CONSULT WITH COUNSEL. 8. STATE THAT ANY AND ALL PREDICATE NOTICES SERVED UPON THE RESPONDENT INCLUDED NOTICE OF THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER, AND PROVIDED A PHONE NUMBER, WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECUR- ING COUNSEL. § 7. Section 745 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. WHERE A RESPONDENT WHO IS A COVERED INDIVIDUAL UNDER ARTICLE SEVEN-C OF THIS CHAPTER APPEARS IN COURT WITHOUT COUNSEL, THE COURT SHALL NOTIFY SUCH RESPONDENT ORALLY OF THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ESTABLISHED BY ARTICLE SEVEN-C OF THIS CHAPTER, AND IF SUCH RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL AND PROVIDE SUFFICIENT TIME, NOT LESS THAN FOURTEEN DAYS, FOR SUCH RESPONDENT TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER ADJOURNMENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO OBTAIN COUNSEL. § 8. Subdivisions 1 and 3 of section 749 of the real property actions and proceedings law, as amended by section 19 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. Upon rendering a final judgment for petitioner, the court shall issue a warrant directed to the sheriff of the county or to any consta- ble or marshal of the city in which the property, or a portion thereof, is situated, or, if it is not situated in a city, to any constable of S. 6678--A 10 any town in the county, describing the property, stating the earliest date upon which execution may occur pursuant to the order of the court, and commanding the officer to remove all persons named in the proceed- ing, provided upon a showing of good cause, the court may issue a stay of re-letting or renovation of the premises for a reasonable period of time. HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE OF A WARRANT OF EVICTION AGAINST A RESPONDENT WHO HAS DEFAULTED, OR AUTHORIZE THE EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT, UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDA- VIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF THE RESPONDENT'S CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS IN THE NOTICE OF PETITION AND IN ANY PREDICATE NOTICE AS REQUIRED BY SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE. 3. Nothing contained herein shall deprive the court of the power to stay or vacate such warrant for good cause shown prior to the execution thereof, or to restore the tenant to possession subsequent to execution of the warrant. THE FAILURE OF THE COURT OR THE PETITIONER TO COMPLY WITH THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS PURSUANT TO ARTICLE SEVEN-C OF THIS CHAPTER SHALL CONSTITUTE GOOD CAUSE TO VACATE SUCH WARRANT. In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the full rent due at any time prior to its execution, unless the petitioner estab- lishes that the tenant withheld the rent due in bad faith. Petitioner may recover by action any sum of money which was payable at the time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was issued, for any period of time with respect to which the agreement does not make any provision for payment of rent. § 9. The real property law is amended by adding a new section 235-i to read as follows: § 235-I. LEASE PROVISIONS WAIVING RIGHT TO COUNSEL VOID. ANY PROVISION OF A LEASE OR CONTRACT WAIVING OR LIMITING THE RIGHT TO COUN- SEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW SHALL BE VOID. § 10. This act shall take effect immediately.
Co-Sponsors
Jamaal T. Bailey
(D) 36th Senate District
Alessandra Biaggi
(D, WF) 0 Senate District
Jabari Brisport
(D, WF) 25th Senate District
Samra G. Brouk
(D, WF) 55th Senate District
- view additional co-sponsors
Cordell Cleare
(D) 30th Senate District
Leroy Comrie
(D) 14th Senate District
Jeremy A. Cooney
(D, WF) 56th Senate District
Michael Gianaris
(D, WF) 12th Senate District
Andrew Gounardes
(D) 26th Senate District
Pete Harckham
(D, WF) 40th Senate District
Michelle Hinchey
(D, WF) 41st Senate District
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Robert Jackson
(D, WF) 31st Senate District
Timothy M. Kennedy
(D, WF) 63rd Senate District
John C. Liu
(D) 16th Senate District
John W. Mannion
(D) 50th Senate District
Shelley B. Mayer
(D, WF) 37th Senate District
Zellnor Myrie
(D) 20th Senate District
Jessica Ramos
(D, WF) 13th Senate District
Elijah Reichlin-Melnick
(D, WF) 0 Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
James Sanders Jr.
(D) 10th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
José M. Serrano
(D, WF) 29th Senate District
James Skoufis
(D) 42nd Senate District
Kevin Thomas
(D) 6th Senate District
S6678B - Details
- See Assembly Version of this Bill:
- A7570
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Executive Law
- Laws Affected:
- Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
- Versions Introduced in 2023-2024 Legislative Session:
-
S2721, A1493
S6678B - Sponsor Memo
BILL NUMBER: S6678B SPONSOR: MAY TITLE OF BILL: An act to amend the real property actions and proceedings law and the real property law, in relation to establishing the civil right to coun- sel in eviction proceedings PURPOSE: Establishes the civil right to counsel in eviction proceedings in New York State. SUMMARY OF PROVISIONS: Section 1: Sets forth legislative findings. Section 2: Provides for the addition of Article 7-C, the Civil Right to Counsel in Eviction Proceedings Act, as part of the Real Property Actions and Proceedings Law.
*All covered individuals facing eviction proceedings are to be provided with legal representation at the government's expense. *This will not affect the right to counsel in any other civil or crimi- nal action. And if a court finds any portion of this law to be invalid, such order or judgment cannot affect or invalidate the remainder of this Article. *Provides the relevant definitions for "Coordinator," "Covered individ- ual," "Covered proceeding," "Designated legal organization," "Designated community organization," "Designated statewide languages," "Full legal representation," "Housing accommodation," and "Office." *The civil right to counsel in eviction proceedings is created and establishes that this civil right must apply in covered proceedings. *Establishes the New York State Office of Civil Justice. The position of Civil Justice Coordinator, appointed by the Governor, will lead this new Office. The Coordinator must: *Create a new program to provide individuals with access to legal services in eviction proceedings; *advise and assist the governor in planning and implementing coordi- nation and cooperation among state agencies; *annually apprise the governor, the temporary president of the senate, and the speaker of the assembly of the need for designated legal organ- izations and designated community organizations; *propose an amount of funding for designated legal organizations and designated community organizations; *serve as liaison for the state with designated legal organizations and designated community organizations; *promulgate any necessary rules and regulations; *prepare a list of designated languages; *support outreach and education by designated community organizations; *perform other duties as the governor may assign; *identify at least one designated legal organization or consortium of designated legal organizations capable of providing legal services in covered proceedings in each region of the state; *consult with tenants, unions representing employees of designated legal organizations, bar associations, and representatives of the judiciary; *estimate annual expenditures; *identify one or more designated community organizations capable of providing community education and organization; *conduct a public hearing for each judicial department once a year to receive recommendations and feedback about such program; *provide the governor, the temporary president of the senate, and the speaker of the assembly with an annual financial audit of the program's activities, and a review of the program that contains pertinent informa- tion regarding how many individuals were represented in eviction proceedings, their backgrounds, and certain information about the proceedings themselves. Section 3: A court overseeing an eviction proceeding must notify a respondent that such a respondent has a right to civil counsel at least fourteen days before trial by mail. Section 4: In situations where a landlord-tenant relationship exists, a proceeding or filing to recover possession of real property or to recover for nonpayment of rent cannot be maintained or accepted by a court unless a petitioner has demonstrated that the respondent has been provided with written notice of the right to counsel in eviction proceedings. Section 5: In situations where a landlord-tenant relationship does not exist, a proceeding or filing to recover possession of real property or to recover for nonpayment of rent cannot be maintained or accepted by a court unless a petitioner has demonstrated that the respondent has been provided with written notice of the right to counsel in eviction proceedings. Section 6: In proceedings to recover possession of real property, a petition must notify the respondent of the civil right to counsel in eviction proceedings, and that all proceedings can be adjourned until the respondent has had time to retain and consult with counsel. Furthermore, any and all predicate notices served upon the respondent must include notice of the civil right to counsel in eviction proceedings, and must provide a phone number, website address and other information to assist the respondent in securing counsel. Section 7: Covered individuals who appear in court without counsel must be informed orally by the court that the civil right to counsel in eviction proceedings exists, and if such an individual would like coun- sel, the court must adjourn proceedings for at least fourteen days for the individual to retain counsel. Section 8: A court cannot authorize the issuance of a warrant of eviction unless the petitioner has filed an affidavit attesting that the respondent was provided with written notice of the respondent's civil right to counsel in eviction proceedings in the notice of petition and in any predicate notice. Failure to do so will constitute good cause to vacate a warrant of eviction. Section 9: Provides that a lease or contract containing a waiver or limitation of the right to counsel in eviction proceedings is deemed void. Section 10: Sets the effective date. JUSTIFICATION: During eviction proceedings, the overwhelming majority of landlords are represented during eviction proceedings, while most tenants are not. This is an obvious power imbalance that often leads to unjust outcomes, and many tenants are evicted where they would otherwise would not be if they had competent legal representation. High levels of evictions have a disastrous effect on people's lives and serve to increase New York's already high homeless levels. This has a negative impact on public funds, as the State is forced to expend resources on shelter services, emergency room costs, homelessness services, and more. This Bill seeks to correct these shortcomings by providing that tenants will have a civil right to counsel in eviction proceedings in New York State. It establishes the New York State Office of Civil Justice, with the position of Civil Justice Coordinator to lead this Office, which will contract with both non-profit legal services organizations to provide counsel to tenants, and with non-profit community-based organizations to provide tenants' rights education and tenant organizing. It will hold public hearings and produce annual reports on implementation and finan- cial auditing. Just as significant, tenants must be provided with written notice of their Right to Counsel before any court filing or proceeding can contin- ue, including before an eviction warrant or default judgement is issued. A tenant's Right to Counsel must be included in predicate notices, and this must be served to the tenant before an eviction case can proceed. Tenants are given information (e.g., phone number or website) in order to contact a Right to Counsel lawyer. Cases are adjourned until the tenant is able to retain and consult with their lawyer. Judges must verbally inform tenants of their Right to Counsel if they appear in court without a lawyer. And a failure of the court, the landlord, or landlord's lawyer to comply with the tenant's Right to Counsel will result in vacating any eviction warrants. In 2017, New York City became the first city in the country to pass Right to Counsel, which has not only led to landlords suing tenants less, but 86 percent of tenants who had a right to counsel lawyer won their case and were able to remain in their homes. Furthermore, the seven cities that now have a Right to Counsel have seen up to a 77 percent reduction in evictions. FISCAL IMPACT ON THE STATE: To be determined. LEGISLATIVE HISTORY: 2021: S6678-A REF TO HOUSING / A7570-A ref to judiciary EFFECTIVE DATE: This act shall take effect immediately.
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
S. 6678--B 2 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 proceedings is essential to the fair functioning of the justice system and protects the rights to due process and equal protection of the law. Evictions disrupt lives and livelihoods, force tenants to seek alter- native housing in a market with a severe shortage of affordable housing and significantly increase the risk of homelessness. The short- and long-term effects of evictions and homelessness are devastating to indi- viduals and families and can affect physical and mental health, employ- ment, education, and engagement with the criminal justice system. Providing legal assistance to tenants who face eviction not only protects individuals and families from the devastating effects of eviction and homelessness, it saves public funds that would otherwise be spent on shelters and services to people experiencing homelessness as well as public expenses for addressing the wide range of detrimental short- and long-term effects of eviction and homelessness. New York is facing an eviction crisis of unfathomable proportions due to the COVID-19 pandemic. According to an analysis of July 15th Census Bureau data, almost half (46 percent) of all renting households in the state were not able to pay rent and are at risk of eviction. In 2017, New York City adopted legislation that guarantees a right to counsel for tenants facing eviction. Even though the right to counsel in eviction proceedings in New York City is still in the implementation phase, a study conducted by the New York City Office of Civil Justice that analyzed data pertaining to New York City Housing Court proceedings from 2013-2019 found that legal representation in eviction matters has an enormously beneficial effect as shown by the following data: 1. Evictions dropped 41 percent overall since 2013, including a 15 percent drop in 2019 alone; 2. Eviction filings dropped by 30 percent between 2013 and 2019, including a 20 percent drop in 2019 alone; 3. Default judgments dropped 34 percent between 2013 and 2019; 4. Requests by tenants to bring their cases back to the Housing Court calendar on an emergency basis dropped by 38 percent during that time period, because tenant representation is ensuring these issues are addressed at the start of the case; and 5. Overall, 84 percent of tenants who were represented by counsel remained in their homes. § 2. The real property actions and proceedings law is amended by adding a new article 7-C to read as follows: ARTICLE 7-C CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT SECTION 800. SHORT TITLE. 800-A. LEGISLATIVE PURPOSE. 800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY. 800-C. DEFINITIONS. 800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED. 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 800-F. PROVISION OF LEGAL SERVICES AND TENANT EDUCATION. S. 6678--B 3 800-G. COMMUNITY ENGAGEMENT. 800-H. PUBLIC HEARINGS. 800-I. REPORTING. § 800. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ACT". § 800-A. LEGISLATIVE PURPOSE. 1. CIVIL RIGHT TO COUNSEL. THE PURPOSE OF THIS ARTICLE IS TO CREATE A CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS IN NEW YORK STATE THAT GUARANTEES ALL COVERED INDIVIDUALS ARE PROVIDED HIGH QUALITY LEGAL REPRESENTATION AT GOVERNMENT EXPENSE IN ALL COVERED PROCEEDINGS. THE CIVIL RIGHT TO COUNSEL FOR PEOPLE WHO FACE EVICTION IS INTENDED TO ENSURE FAIR AND BALANCED PROCEEDINGS THAT COMPORT WITH THE CONSTITUTIONAL RIGHTS TO DUE PROCESS AND EQUAL PROTECTION AND, GIVEN THE DEVASTATING CONSEQUENCES OF EVICTION, OUTWEIGH ALL OTHER CONSIDERATIONS IN THE ADMINISTRATION OF LEGAL PROCEEDINGS THAT COULD RESULT IN EVICTION. 2. NEW YORK CONSTITUTIONAL SOURCE OF THE RIGHT. THE SOURCE OF THE RIGHT EXISTS IN SECTION ONE OF ARTICLE SEVENTEEN OF THE NEW YORK STATE CONSTITUTION, WHICH PROVIDES THAT THE AID, CARE AND SUPPORT OF THE NEEDY ARE PUBLIC CONCERNS AND SHALL BE PROVIDED BY THE STATE AND BY SUCH OF ITS SUBDIVISIONS, AND IN SUCH MANNER AND BY SUCH MEANS, AS THE LEGISLA- TURE MAY FROM TIME TO TIME DETERMINE. FURTHER, SECTION THREE OF ARTICLE SEVENTEEN OF THE NEW YORK STATE CONSTITUTION PROVIDES THAT THE PROTECTION AND PROMOTION OF THE HEALTH OF THE INHABITANTS OF THE STATE ARE MATTERS OF PUBLIC CONCERN AND PROVISIONS THEREFOR SHALL BE MADE BY THE STATE AND BY SUCH OF ITS SUBDIVISIONS AND IN SUCH MANNER, AND BY SUCH MEANS AS THE LEGISLATURE SHALL FROM TIME TO TIME DETERMINE. § 800-B. CONSTRUCTION; EFFECT OF OTHER LAWS; SEVERABILITY. 1. THIS ARTICLE SHALL BE INTERPRETED BROADLY TO EFFECTUATE THE PURPOSES DESCRIBED IN SECTION EIGHT HUNDRED-A OF THIS ARTICLE. 2. THIS ARTICLE SHALL NOT BE CONSTRUED TO NEGATE, ALTER, OR LIMIT ANY RIGHT TO COUNSEL IN ANY CIVIL OR CRIMINAL ACTION OR PROCEEDING OTHERWISE PROVIDED UNDER THE NEW YORK STATE CONSTITUTION OR ANY NEW YORK STATE STATUTE. IN THE EVENT OF ANY CONFLICT BETWEEN THE PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISION OF LAW, THIS ARTICLE SHALL GOVERN. 3. IF ANY WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE ADJUDGED INVALID BY A COURT OF COMPETENT JURIS- DICTION, SUCH ORDER OR JUDGMENT SHALL NOT AFFECT OR INVALIDATE THE REMAINDER OF THIS ARTICLE, AND SHALL BE CONFINED IN ITS OPERATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED, AND TO THE WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SUBDIVISION, SECTION OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED. § 800-C. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "COORDINATOR" MEANS THE CIVIL JUSTICE COORDINATOR APPOINTED PURSU- ANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. 2. "COVERED INDIVIDUAL" MEANS AN INDIVIDUAL WHO RESIDES IN A HOUSING ACCOMMODATION AND IS AT RISK OF LOSING THEIR HOUSING OR REASONABLY ANTICIPATED TO BE AT RISK OF LOSING THEIR HOUSING. 3. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT A COVERED INDI- VIDUAL, INCLUDING A SUMMARY PROCEEDING TO SEEK POSSESSION FOR THE NON- PAYMENT OF RENT OR A HOLDOVER, OR ANY OTHER PROCEEDING FOR TERMINATION OF TENANCY, OR ANY PROCEEDING THAT COULD RESULT IN AN INDIVIDUAL LOSING SUCH INDIVIDUAL'S HOUSING ACCOMMODATION. "COVERED PROCEEDING" SHALL INCLUDE, BUT NOT BE LIMITED TO PROCEEDINGS: S. 6678--B 4 (A) TO EVICT A COVERED INDIVIDUAL, AND SUCH PROCEEDINGS ARE COVERED AS SOON AS AN OWNER OR MANAGING AGENT SERVES A PREDICATE NOTICE TERMINATING A TENANCY, DEMANDING RENT OR ANY OTHER WRITING INDICATING AN INTENT TO INITIATE A COVERED PROCEEDING; (B) INITIATED BY A COVERED INDIVIDUAL TO CORRECT VIOLATIONS OF LAW RELATING TO HAZARDOUS HOUSING STANDARDS; (C) TO TERMINATE AN ELIGIBLE INDIVIDUAL FROM PARTICIPATION IN ANY NEW YORK STATE, LOCALITY, OR FEDERAL HOUSING SUBSIDY PROGRAM; (D) INITIATED BY A COVERED INDIVIDUAL IN RESPONSE TO UNLAWFUL LANDLORD OR OWNER BEHAVIOR; (E) OWNER OR LANDLORD INITIATED APPEALS OR APPEALS INITIATED BY A COVERED INDIVIDUAL UPON AN ADVERSE RULING; AND (F) ANY OTHER PROCEEDING COMMENCED AGAINST OR BY AN INDIVIDUAL THAT A DESIGNATED LEGAL ORGANIZATION DETERMINES IN ITS SOLE DISCRETION CAN BE REASONABLY ANTICIPATED TO LEAD TO LOSS OF SUCH INDIVIDUAL'S HOME OR HOUSING ACCOMMODATION. 4. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO PROVIDE COMPREHEN- SIVE AND EFFECTIVE LEGAL SERVICES AND IS DESIGNATED BY THE COORDINATOR PURSUANT TO THIS ARTICLE. 5. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGAN- IZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE THAT PROVIDE COMMUNITY EDUCATION AND ORGANIZATION REGARDING RIGHTS OF TENANTS. 6. "DESIGNATED STATEWIDE LANGUAGES" MEANS LANGUAGES DESIGNATED BY THE COORDINATOR PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. 7. "FULL LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED BY A DESIGNATED LEGAL ORGANIZATION TO A COVERED INDIVIDUAL AND INCLUDES ALL LEGAL ADVICE, ADVOCACY, AND ASSISTANCE ASSOCIATED WITH SUCH REPRESENTATION. "FULL LEGAL REPRESENTATION" SHALL INCLUDE, BUT NOT BE LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION OF PLEADINGS AND MOTIONS ON BEHALF OF COVERED INDIVIDUALS, COURT APPEAR- ANCES ON BEHALF OF COVERED INDIVIDUALS, PRE- AND POST-TRIAL SETTLEMENT CONFERENCES, AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE ZEALOUS AND EFFECTIVE REPRESENTATION IN A COVERED PROCEEDING. 8. "HOUSING ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC- TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR INTENDED, ARRANGED OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD- ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL ESSENTIAL SERVICES, PRIVI- LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH THE OCCUPATION THEREOF. 9. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTAB- LISHED PURSUANT TO SECTION EIGHT HUNDRED-E OF THIS ARTICLE. 10. "EVICTION PROCEEDING" MEANS A COVERED PROCEEDING. § 800-D. CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS CREATED. 1. THE CIVIL RIGHT TO FULL REPRESENTATION BY COUNSEL IN COVERED PROCEEDINGS FOR COVERED INDIVIDUALS IS HEREBY CREATED. 2. THE CIVIL RIGHT TO COUNSEL IN COVERED PROCEEDINGS SHALL APPLY TO A COVERED INDIVIDUAL UPON THE SERVICE OF A PREDICATE NOTICE UPON SUCH INDIVIDUAL, UPON THE COMMENCEMENT OF A COVERED PROCEEDING, OR UPON A DETERMINATION BY A DESIGNATED LEGAL ORGANIZATION THAT A COVERED PROCEED- ING IS REASONABLY ANTICIPATED, WHICHEVER OCCURS EARLIER. S. 6678--B 5 § 800-E. NEW YORK STATE OFFICE OF CIVIL JUSTICE ESTABLISHED. 1. THERE IS HEREBY ESTABLISHED THE "NEW YORK STATE OFFICE OF CIVIL JUSTICE" TO CONDUCT PLANNING AND IMPLEMENTATION OF THE PURPOSES OF THIS ARTICLE. 2. THE OFFICE SHALL BE HEADED BY A CIVIL JUSTICE COORDINATOR WHO SHALL BE APPOINTED BY THE GOVERNOR. THE CIVIL JUSTICE COORDINATOR SHALL HAVE THE POWER AND DUTY TO: (A) CREATE AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE; (B) ADVISE AND ASSIST THE GOVERNOR IN PLANNING AND IMPLEMENTING COOR- DINATION AND COOPERATION AMONG STATE AGENCIES NECESSARY FOR THE IMPLE- MENTATION OF THIS ARTICLE; (C) PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT OF THE NEED FOR DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS IN THE STATE, AND WHETHER CURRENT DESIGNATED LEGAL ORGANIZATIONS AND DESIG- NATED COMMUNITY ORGANIZATIONS ARE ABLE TO MEET THE NEEDS OF COVERED INDIVIDUALS; (D) PROPOSE AN AMOUNT OF FUNDING FOR DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS THAT IS SUFFICIENT TO ASSIST ALL COVERED INDIVIDUALS, AND TO ENABLE SUCH ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE AND HAVE REASONABLE WORKLOADS, DECENT WORKING CONDI- TIONS, AND ADEQUATE COMPENSATION FOR THEIR STAFF; (E) SERVE AS LIAISON FOR THE STATE WITH DESIGNATED LEGAL ORGANIZATIONS AND DESIGNATED COMMUNITY ORGANIZATIONS; (F) PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTA- TION OF THE PROVISIONS OF THIS ARTICLE; (G) PREPARE A LIST OF DESIGNATED LANGUAGES THAT SHALL CONSIST OF LANGUAGES SPOKEN BY A LARGE ENOUGH POPULATION OF NEW YORK RESIDENTS THAT PREPARATION OF MATERIALS AND CONDUCT OF EDUCATION AND ENGAGEMENT BY DESIGNATED COMMUNITY ORGANIZATIONS IN SUCH LANGUAGES IS APPROPRIATE; (H) SUPPORT OUTREACH AND EDUCATION BY DESIGNATED COMMUNITY ORGANIZA- TIONS, TO SPREAD AWARENESS OF THE AVAILABILITY OF DESIGNATED LEGAL ORGANIZATIONS; AND (I) PERFORM SUCH OTHER DUTIES AS THE GOVERNOR MAY ASSIGN. § 800-F. PROVISION OF LEGAL SERVICES AND TENANT EDUCATION. 1. THE COORDINATOR SHALL, WITH CONSULTATION AS REQUIRED BY SUBDIVISION THREE OF THIS SECTION, DEVELOP A PLAN TO (A) IMPLEMENT A PROGRAM TO PROVIDE COUN- SEL FOR COVERED INDIVIDUALS IN COVERED PROCEEDINGS AND (B) DESIGNATE COMMUNITY ORGANIZATIONS TO ENGAGE AND EDUCATE TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS. SUCH PLAN SHALL BE FINALIZED NO LATER THAN SIX MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE AND SHALL BE FULLY IMPLEMENTED AS SOON AS POSSIBLE, BUT NO LATER THAN TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS ARTICLE AND SHALL: (I) ENSURE THAT A SYSTEM IS IN PLACE TO PROVIDE ALL COVERED INDIVID- UALS IN THE STATE WITH COUNSEL FOR COVERED PROCEEDINGS, AND THAT ANY NOTICE OF PETITION FOR SUMMARY EVICTION PROCEEDINGS COMMENCED UNDER ARTICLE SEVEN OF THIS CHAPTER PROVIDES NOTICE TO COVERED INDIVIDUALS OF THEIR RIGHT TO COUNSEL AND HOW THEY MAY SECURE SUCH COUNSEL; (II) ENSURE THAT ALL COVERED INDIVIDUALS RECEIVE ACCESS TO FULL LEGAL REPRESENTATION AS PROVIDED UNDER SUBDIVISION TWO OF SECTION EIGHT HUNDRED-D OF THIS ARTICLE; AND (III) IDENTIFY AT LEAST ONE DESIGNATED LEGAL ORGANIZATION OR CONSORTI- UM OF DESIGNATED LEGAL ORGANIZATIONS CAPABLE OF PROVIDING LEGAL SERVICES IN COVERED PROCEEDINGS IN EACH REGION OF THE STATE. IN IDENTIFYING DESIGNATED LEGAL ORGANIZATIONS, THE COORDINATOR SHALL ONLY CONSIDER S. 6678--B 6 PROVIDERS THAT HAVE THE CAPACITY TO PROVIDE HIGH QUALITY LEGAL ASSIST- ANCE AND, AT MINIMUM, MEET THE FOLLOWING QUALIFICATIONS: (A) HAVE NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE; (B) MAINTAIN A PRACTICE OF FURNISHING FREE LEGAL SERVICES TO INDIVID- UALS WHO CANNOT AFFORD THE SERVICES OF A LICENSED LEGAL PROFESSIONAL; (C) POSSESS EXPERTISE IN HOUSING LAW, LANDLORD-TENANT LAW, OR RELATED EXPERIENCE IN REPRESENTING COVERED INDIVIDUALS IN COVERED PROCEEDINGS; (D) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE LEGAL ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK; (E) POSSESS ADEQUATE INFRASTRUCTURE AND EXPERTISE TO PROVIDE CONSIST- ENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSES TO EMERGING OR CHANGING NEEDS IN THE CLIENT COMMUNI- TIES SERVED; AND (F) WITH SUFFICIENT FUNDING, HAVE THE CAPACITY TO MAINTAIN REASONABLE CASELOADS AND WORKING CONDITIONS FOR THEIR ATTORNEYS, PARALEGALS, AND OTHER STAFF. 2. THE COORDINATOR SHALL REQUIRE EACH DESIGNATED LEGAL ORGANIZATION TO IDENTIFY THE GEOGRAPHIC AREAS FOR WHICH SUCH ORGANIZATION SHALL PROVIDE LEGAL SERVICES. FOR EACH SUCH GEOGRAPHIC AREA, THE COORDINATOR SHALL MAINTAIN A LIST OF DESIGNATED LEGAL SERVICE ORGANIZATIONS. 3. IN DEVELOPING THE PROGRAM UNDER SUBDIVISION ONE OF THIS SECTION, THE COORDINATOR SHALL CONSULT WITH: (A) TENANTS, REPRESENTATIVES FOR TENANTS, AND COMMUNITY GROUPS; (B) REPRESENTATIVES OF DESIGNATED LEGAL ORGANIZATIONS AND UNIONS ENGAGED IN REPRESENTING EMPLOYEES OF DESIGNATED LEGAL ORGANIZATIONS; (C) REPRESENTATIVES OF THE NEW YORK STATE BAR ASSOCIATION, THE NEW YORK CITY BAR ASSOCIATION, THE NETWORK OF BAR LEADERS, AND OTHER LOCAL BAR ASSOCIATIONS IN NEW YORK STATE; AND (D) REPRESENTATIVES OF THE JUDICIARY. 4. THE COORDINATOR SHALL ESTIMATE ANNUALLY THE EXPENDITURES REQUIRED FOR EACH YEAR OF IMPLEMENTATION OF THE PROGRAM DESCRIBED IN THIS SECTION. THE ESTIMATE OF REQUIRED EXPENDITURES SHALL BE SUFFICIENT TO ENABLE DESIGNATED LEGAL ORGANIZATIONS TO PROVIDE HIGH QUALITY ASSISTANCE AND MAINTAIN THE QUALIFICATIONS SET FORTH IN SUBPARAGRAPH (III) OF PARA- GRAPH (B) OF SUBDIVISION ONE OF THIS SECTION. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, AND NO LATER THAN JANUARY FIRST OF EACH YEAR THEREAFTER, THE COORDINATOR SHALL PUBLISH A SUMMARY OF ANY CHANGES TO SUCH ESTIMATES FOR EXPENDITURES. 5. THE COORDINATOR SHALL ANNUALLY REVIEW THE PERFORMANCE OF DESIGNATED LEGAL ORGANIZATIONS. § 800-G. COMMUNITY ENGAGEMENT. 1. THE COORDINATOR SHALL IDENTIFY ONE OR MORE DESIGNATED COMMUNITY ORGANIZATIONS CAPABLE OF PROVIDING COMMUNI- TY EDUCATION AND ORGANIZATION. IN IDENTIFYING DESIGNATED COMMUNITY ORGANIZATIONS, THE COORDINATOR SHALL ONLY CONSIDER ORGANIZATIONS THAT HAVE THE CAPACITY TO PROVIDE HIGH QUALITY ASSISTANCE AND SHALL, AT MINI- MUM, MEET THE FOLLOWING QUALIFICATIONS: (A) HAVE NON-PROFIT STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE; (B) MAINTAIN A PRACTICE OF FURNISHING FREE SERVICES; (C) POSSESS EXPERTISE AND EXPERIENCE IN COMMUNITY EDUCATION AND ORGAN- IZATION, AND TIES TO THE COMMUNITIES THEY SERVE; (D) DEMONSTRATE EXPERTISE IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK; S. 6678--B 7 (E) POSSESS ADEQUATE EXPERTISE TO PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVALUATION, AND STRATEGIC RESPONSE TO EMERGING OR CHANGING NEEDS IN THE COMMUNITIES SERVED; AND (F) MAINTAIN REASONABLE WORKLOADS AND WORKING CONDITIONS FOR THEIR STAFF. 2. WITH THE SUPPORT OF THE COORDINATOR AND ADEQUATE FUNDING, DESIG- NATED COMMUNITY ORGANIZATIONS SHALL BE RESPONSIBLE FOR ENGAGING AND EDUCATING TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS, INCLUDING BUT NOT LIMITED TO: HOSTING TRAININGS AND OTHER WORKSHOPS FOR TENANTS; DISTRIBUTING WRITTEN INFORMATION TO TENANTS; ASSISTING TENANTS IN FORM- ING AND MAINTAINING TENANT ASSOCIATIONS; REFERRING TENANTS TO DESIGNATED LEGAL ORGANIZATIONS; AND OTHER ACTIVITIES TO ENGAGE, EDUCATE, OR INFORM TENANTS OF THEIR RIGHTS IN EVICTION PROCEEDINGS. ENGAGEMENT AND EDUCA- TION SHALL BE PROVIDED IN DESIGNATED STATEWIDE LANGUAGES. § 800-H. PUBLIC HEARINGS. 1. FOLLOWING THE ESTABLISHMENT OF THE PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE, ONCE EACH YEAR THE COORDINATOR SHALL HOLD A PUBLIC HEARING FOR EACH JUDICIAL DEPARTMENT TO RECEIVE RECOMMENDATIONS AND FEEDBACK ABOUT SUCH PROGRAM. 2. SUCH HEARING SHALL BE OPEN TO THE PUBLIC, AND THE COORDINATOR SHALL PROVIDE NOTICE OF SUCH HEARING, NO LESS THAN THIRTY DAYS BEFORE SUCH HEARING, BY: (A) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN THE HOUSING COURTS AND OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD; (B) POSTING IN THE DESIGNATED STATEWIDE LANGUAGES IN PUBLIC OFFICES OF COUNTY SOCIAL SERVICES/HUMAN RESOURCES DEPARTMENTS; AND (C) PUBLICIZING THROUGH LOCAL MEDIA AND TO EACH DESIGNATED LEGAL ORGANIZATION, EACH DESIGNATED COMMUNITY ORGANIZATION, LOCAL ELECTED OFFICIALS, THE SUPERVISING JUDGES OF THE HOUSING COURTS, OTHER FORUMS IN WHICH EVICTION PROCEEDINGS ARE HELD, AND COMMUNITY-BASED ORGANIZATIONS. 3. AT SUCH HEARINGS, WRITTEN AND ORAL TESTIMONY MAY BE PROVIDED. 4. THE COORDINATOR SHALL CAUSE A TRANSCRIPT OF SUCH HEARINGS TO BE PRODUCED AND SHALL POST SUCH TRANSCRIPT ONLINE NO LATER THAN FORTY-FIVE DAYS AFTER A HEARING. § 800-I. REPORTING. 1. THE COORDINATOR SHALL PROVIDE THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY WITH AN ANNUAL FINANCIAL AUDIT OF THE PROGRAM'S ACTIVITIES, PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED IN THE STATE OF NEW YORK AND CARRIED OUT IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING STANDARDS. 2. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND JANUARY FIRST OF EVERY OTHER YEAR THEREAFTER, THE COORDINATOR SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, AND POST ONLINE, A REVIEW OF THE PROGRAM ESTABLISHED PURSUANT TO SECTION EIGHT HUNDRED-F OF THIS ARTICLE AND INFORMATION REGARDING SUCH PROGRAM'S IMPLEMENTATION, TO THE EXTENT SUCH INFORMATION IS AVAILABLE, INCLUDING, BUT NOT LIMITED TO: (A) THE ESTIMATED NUMBER OF COVERED INDIVIDUALS IN THE STATE; (B) THE NUMBER OF COVERED INDIVIDUALS WHO HAVE RECEIVED LEGAL SERVICES, DISAGGREGATED BY THE FOLLOWING CHARACTERISTICS OF SUCH INDI- VIDUALS: (I) GENDER, RACE, ETHNICITY, AND AGE; (II) COUNTY AND POSTAL CODE OF RESIDENCE; (III) HOUSEHOLD SIZE; (IV) ESTIMATED LENGTH OF TENANCY; (V) APPROXIMATE HOUSEHOLD INCOME; S. 6678--B 8 (VI) RECEIPT OF ONGOING PUBLIC ASSISTANCE AT THE TIME SUCH LEGAL SERVICES WERE INITIATED; (VII) TENANCY IN RENT-REGULATED HOUSING; AND (VIII) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL, STATE OR LOCAL RENTAL SUBSIDY PROGRAM; (C) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE; (D) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (E) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL REPRE- SENTATION, AS APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF: (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE; (II) JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR RESI- DENCE; AND (III) INSTANCES WHERE AN ATTORNEY REPRESENTING A COVERED INDIVIDUAL WAS DISCHARGED OR WITHDREW; (F) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS; (G) RESIDENTIAL EVICTIONS CONDUCTED BY SHERIFFS OR CITY MARSHALS, DISAGGREGATED BY COUNTY; (H) A LIST OF DESIGNATED COMMUNITY ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (I) THE NUMBER OF BUILDINGS IN WHICH OUTREACH WAS CONDUCTED, THE NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH WORKSHOPS, THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION 501 (C) (3) OF THE U.S. INTERNAL REVENUE CODE, AND THE NUMBER OF TRAIN- INGS OFFERED; AND (J) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR ANY FUTURE PROGRAMMATIC IMPROVEMENTS. § 3. Section 701 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. ANY COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION EIGHT HUNDRED-C OF THIS CHAPTER, SHALL NOTIFY ALL RESPONDENTS BY MAIL UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE TRIAL, OF SUCH RESPONDENT'S CIVIL RIGHT TO COUNSEL IN AN EVICTION PROCEEDING UNDER ARTICLE SEVEN-C OF THIS CHAPTER. § 4. Subdivisions 1 and 2 of section 711 of the real property actions and proceedings law, subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivision 2 as amended by section 12 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. The tenant continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord or, in a case where a new lessee is entitled to possession, without the permission of the new lessee. Acceptance of rent after commencement of the special proceeding upon this ground shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be. A proceeding seeking to recover possession of real property by reason of the termination of the term fixed in the lease pursuant to a provision contained therein giving the landlord the right to terminate the time fixed for occupancy under such agreement if he deem the tenant objectionable, shall not be maintainable unless the landlord shall by competent evidence establish to the satis- faction of the court that the tenant is objectionable. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY PETITION TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE PETITIONER OR AN AGENT S. 6678--B 9 OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE, IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE, OF SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER. 2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him as prescribed in section seven hundred thirty- five of this article. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FILING FOR ANY PETITION FOR NON-PAYMENT OF RENT UNLESS THE WRITTEN DEMAND FOR RENT REQUIRED BY THIS SECTION CONTAINS A NOTICE OF THE RESPONDENT'S CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS, AS REQUIRED BY SUBDIVISION SIX OF SECTION SEVEN HUNDRED FORTY-ONE OF THIS ARTICLE. Any person succeeding to the landlord's interest in the prem- ises may proceed under this subdivision for rent due his predecessor in interest if he has a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occu- pied by a person with a claim to possession, a proceeding may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants. § 5. Section 713 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. NO PROCEEDING SHALL BE MAINTAINED, AND NO COURT SHALL ACCEPT FOR FILING, ANY PETITION TO RECOVER POSSESSION OF REAL PROPERTY UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDAVIT ATTEST- ING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE, IN THE NOTICE OF PETITION AND ANY REQUIRED PREDICATE NOTICE, OF SUCH RESPONDENT'S RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER. § 6. Section 741 of the real property actions and proceedings law is amended by adding three new subdivisions 6, 7 and 8 to read as follows: 6. NOTIFY THE RESPONDENT OF THE EXISTENCE OF THE CIVIL RIGHT TO COUN- SEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER, AND SHALL PROVIDE A PHONE NUMBER, WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECURING COUNSEL. 7. STATE THE RIGHT TO AN ADJOURNMENT OF THE PROCEEDINGS UNTIL A COVERED INDIVIDUAL, AS DEFINED IN SECTION EIGHT HUNDRED-C OF THIS CHAP- TER, IS ABLE TO RETAIN AND CONSULT WITH COUNSEL. 8. STATE THAT ANY AND ALL PREDICATE NOTICES SERVED UPON THE RESPONDENT INCLUDED NOTICE OF THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THIS CHAPTER, AND PROVIDED A PHONE NUMBER, WEBSITE ADDRESS AND OTHER INFORMATION TO ASSIST THE RESPONDENT IN SECUR- ING COUNSEL. § 7. Section 745 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. WHERE A RESPONDENT WHO IS A COVERED INDIVIDUAL UNDER ARTICLE SEVEN-C OF THIS CHAPTER APPEARS IN COURT WITHOUT COUNSEL, THE COURT SHALL NOTIFY SUCH RESPONDENT ORALLY OF THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS ESTABLISHED BY ARTICLE SEVEN-C OF THIS CHAPTER, AND IF SUCH RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL AND PROVIDE SUFFICIENT TIME, NOT LESS THAN FOURTEEN DAYS, FOR SUCH RESPONDENT TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER S. 6678--B 10 ADJOURNMENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO OBTAIN COUNSEL. § 8. Subdivisions 1 and 3 of section 749 of the real property actions and proceedings law, as amended by section 19 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. Upon rendering a final judgment for petitioner, the court shall issue a warrant directed to the sheriff of the county or to any consta- ble or marshal of the city in which the property, or a portion thereof, is situated, or, if it is not situated in a city, to any constable of any town in the county, describing the property, stating the earliest date upon which execution may occur pursuant to the order of the court, and commanding the officer to remove all persons named in the proceed- ing, provided upon a showing of good cause, the court may issue a stay of re-letting or renovation of the premises for a reasonable period of time. HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE OF A WARRANT OF EVICTION AGAINST A RESPONDENT WHO HAS DEFAULTED, OR AUTHORIZE THE EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT, UNLESS THE PETITIONER OR AN AGENT OF THE PETITIONER HAS FILED AN AFFIDA- VIT ATTESTING THAT THE PETITIONER OR THE PETITIONER'S AGENT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF THE RESPONDENT'S CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS IN THE NOTICE OF PETITION AND IN ANY PREDICATE NOTICE AS REQUIRED BY SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY-FIVE OF THIS ARTICLE. 3. Nothing contained herein shall deprive the court of the power to stay or vacate such warrant for good cause shown prior to the execution thereof, or to restore the tenant to possession subsequent to execution of the warrant. THE FAILURE OF THE COURT OR THE PETITIONER TO COMPLY WITH THE CIVIL RIGHT TO COUNSEL IN EVICTION PROCEEDINGS PURSUANT TO ARTICLE SEVEN-C OF THIS CHAPTER SHALL CONSTITUTE GOOD CAUSE TO VACATE SUCH WARRANT. In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the full rent due at any time prior to its execution, unless the petitioner estab- lishes that the tenant withheld the rent due in bad faith. Petitioner may recover by action any sum of money which was payable at the time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was issued, for any period of time with respect to which the agreement does not make any provision for payment of rent. § 9. The real property law is amended by adding a new section 235-j to read as follows: § 235-J. LEASE PROVISIONS WAIVING RIGHT TO COUNSEL VOID. ANY PROVISION OF A LEASE OR CONTRACT WAIVING OR LIMITING THE RIGHT TO COUN- SEL IN EVICTION PROCEEDINGS UNDER ARTICLE SEVEN-C OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW SHALL BE VOID. § 10. This act shall take effect immediately; provided, however, that sections three through nine of this act shall take effect two years after such date.
Co-Sponsors
Jamaal T. Bailey
(D) 36th Senate District
Alessandra Biaggi
(D, WF) 0 Senate District
Jabari Brisport
(D, WF) 25th Senate District
Samra G. Brouk
(D, WF) 55th Senate District
- view additional co-sponsors
Cordell Cleare
(D) 30th Senate District
Leroy Comrie
(D) 14th Senate District
Jeremy A. Cooney
(D, WF) 56th Senate District
Michael Gianaris
(D, WF) 12th Senate District
Andrew Gounardes
(D) 26th Senate District
Pete Harckham
(D, WF) 40th Senate District
Michelle Hinchey
(D, WF) 41st Senate District
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Robert Jackson
(D, WF) 31st Senate District
Timothy M. Kennedy
(D, WF) 63rd Senate District
John C. Liu
(D) 16th Senate District
John W. Mannion
(D) 50th Senate District
Shelley B. Mayer
(D, WF) 37th Senate District
Zellnor Myrie
(D) 20th Senate District
Jessica Ramos
(D, WF) 13th Senate District
Elijah Reichlin-Melnick
(D, WF) 0 Senate District
Gustavo Rivera
(D, WF) 33rd Senate District
Julia Salazar
(D, WF) 18th Senate District
James Sanders Jr.
(D) 10th Senate District
Luis R. Sepúlveda
(D) 32nd Senate District
José M. Serrano
(D, WF) 29th Senate District
James Skoufis
(D) 42nd Senate District
Kevin Thomas
(D) 6th Senate District
S6678C (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7570
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Executive Law
- Laws Affected:
- Add Art 29 §§827 - 830, Exec L; amd §§701, 711, 713, 745 & 749, RPAP L; add §235-j, RP L
- Versions Introduced in 2023-2024 Legislative Session:
-
S2721, A1493
S6678C (ACTIVE) - Sponsor Memo
BILL NUMBER: S6678C SPONSOR: MAY TITLE OF BILL: 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 PURPOSE: Establishes the civil right to counsel in eviction proceedings in New York State. SUMMARY OF PROVISIONS: Section 1: Sets forth legislative findings. Section 2: Provides for the addition of Article 29, creating the New York State Office of the Civil Representation, and Provides the duties and responsibilities thereof.
* All covered individuals facing eviction proceedings are to be provided with legal representation at the government's expense. * This will not affect the right to counsel in any other civil or crimi- nal action. And if a court.finds any portion of this law to be invalid, such order or judgment cannot affect or invalidate the remainder of this Article. * Provides the relevant definitions for "Executive Director," "Office," "Eligible individual," "Covered proceeding," "Designated legal organiza- tion," "Designated community organization," "Legal representation," "Legal consultation," and "Housing accommodation." * The civil right to counsel in eviction proceedings is created and establishes that this civil right must apply in covered proceedings. * Establishes the New York State Office of the Civil Representation. The position of Executive Director, appointed by the Governor with the advice and consent of the Senate, will lead this new Office. The Execu- tive Director must: * Establish a program to provide individuals with access to legal services in eviction proceedings; * Prepare and submit an annual report that shall include information pertaining to the program and those individuals served by it and the outcomes achieved, as well as the funding necessary for the operation of the program; * develop programs to provide legal representation through one or more designated organizations to eligible individuals in covered proceedings throughout the state, legal consultation through one or more designated legal organizations to those individuals not eligible for legal repre- sentation under this article * promulgate any necessary rules and regulations; * identify one or more designated community organizations capable of providing community education and organization, and support outreach and education by designated community organizations; * conduct a public hearing in each region of the state at least once a year to receive recommendations and feedback about such program; Section 3, Section 701 of the Real Property Actions and Proceedings Law is amended so a court overseeing an eviction proceeding shall notify all respondents by mail upon the filing of a petition, not less than four- teen days before trial of the ability to obtain a civil counsel. Section 4, Subdivisions 1 and 2 of Section 711 of the Real Property Actions and Proceedings Law is amended so that no proceeding shall be maintained unless the court has notified an individual of the ability to obtain legal representation or legal consultation. Section 5 amends Section 713 of the Real Property Actions and Proceedings Law is amended so that no proceeding shall be maintained unless the court has notified an individual of the ability to obtain legal representation or legal consultation. Section 6 amends Section 745 of the Real Property Actions and Proceedings Law is amended Covered individuals who appear in court with- out counsel must be informed orally by the court that the civil right to counsel in eviction proceedings exists, and if such an individual would like counsel, the court must adjourn proceedings for at least fourteen days for the individual to retain counsel. Section 7 amends Subdivision 1 and 3 of Section 749 of the Real Property Actions and Proceedings Law is amended court cannot authorize the issu- ance of a warrant of eviction unless the petitioner has filed an affida- vit attesting that the respondent was provided with written notice of the respondent's civil right to counsel in eviction proceedings in the notice of petition and in any predicate notice. Failure to do so will constitute good cause to vacate a warrant of eviction. Section 8: Provides that a lease or contract containing a waiver or limitation of the right to counsel in eviction proceedings is deemed void. Section 10: Sets the effective date. JUSTIFICATION: During eviction proceedings, the overwhelming majority of landlords are represented during eviction proceedings, while most tenants are not. This is an obvious power imbalance that often leads to unjust outcomes, and many tenants are evicted where they would otherwise would not be if they had competent legal representation. High levels of evictions have a disastrous effect on people's lives and serve to increase New York's already high homeless levels. This has a negative impact on public funds, as the State is forced to expend resources on shelter services, emergency room costs, homelessness services, and more. This bill seeks to correct these shortcomings by providing that tenants will have a civil right to counsel in eviction proceedings in New York State. It establishes the New York State Office of Civil Justice, with the position of Civil Justice Coordinator to lead this Office, which will contract with both non-profit legal services organizations to provide counsel to tenants, and with non-profit community-based organizations to provide tenants' rights education and tenant organizing. It will hold public hearings and produce annual reports on implementation and finan- cial auditing. Just as significant, tenants must be provided with written notice of their Right to Counsel before any court filing or proceeding can contin- ue, including before an eviction. warrant or default judgement is issued. A tenant's Right to Counsel must be included in predicate notices, and this must be served to the tenant before an eviction case can proceed. Tenants are given information (e.g., phone number or website) in order to contact a Right to Counsel lawyer. Cases are adjourned until the tenant is able to retain and consult with their lawyer. Judges must verbally inform tenants of their Right to Counsel if they appear in court without a lawyer. And a failure of the court, the landlord, or landlord's lawyer to comply with the tenant's Right to Counsel will result in vacating any eviction warrants. In 2017, New York City became the first city in the country to pass Right to Counsel, which has not only led to landlords suing tenants less, but 86 percent of tenants who had a right to counsel lawyer won their case and were able to remain in their homes. Furthermore, the seven cities that now have a Right to Counsel have seen up to a 77 percent reduction in evictions. FISCAL IMPACT ON THE STATE: To be determined LEGISLATIVE HISTORY: 2021: S.6678 REF TO HOUSING/A.7570 Ref to Judiciary EFFECTIVE DATE: 180 days after enactment; sections 3-8 take effect three years after such date.
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
other income, or enjoy access to healthcare, proper nutrition, and education. Eviction proceedings and displacement as a result of evictions have a disparate impact on low-income individuals and particularly on low-in- come people of color, who are disproportionately the respondents in eviction proceedings. Representation of the people who are most at risk of losing their homes in legal proceedings preserves access to housing and ensures compliance with laws protecting people's rights in such proceedings. Abrupt, unwarranted, or unlawful evictions disrupt lives and liveli- hoods, force people to find housing in a market with a severe shortage of affordable housing and often significantly increases the risk of homelessness. The short- and long-term effects of housing instability are devastating to individuals and families and can affect physical and mental health, employment and education. Providing legal assistance to individuals who are most at risk of housing instability not only protects individuals and families from these devastating effects, it saves public funds that would otherwise be spent on shelters and services to people experiencing homelessness as well as the wide range of detrimental short- and long-term collateral consequences of housing instability. § 2. The executive law is amended by adding a new article 29 to read as follows: ARTICLE 29 NEW YORK STATE OFFICE OF CIVIL REPRESENTATION SECTION 827. OFFICE OF CIVIL REPRESENTATION. 828. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION. 829. DEFINITIONS. 830. PROVISION OF LEGAL REPRESENTATION, LEGAL CONSULTATION, AND COMMUNITY EDUCATION. § 827. OFFICE OF CIVIL REPRESENTATION. 1. THERE IS HEREBY ESTABLISHED IN THE EXECUTIVE DEPARTMENT AN OFFICE OF CIVIL REPRESENTATION TO CREATE AND IMPLEMENT A PROGRAM TO PROVIDE ACCESS TO LEGAL SERVICES PURSUANT TO SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS ARTICLE. 2. THE OFFICE SHALL BE HEADED BY AN EXECUTIVE DIRECTOR WHO SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. § 828. POWERS AND DUTIES OF THE OFFICE OF CIVIL REPRESENTATION. THE EXECUTIVE DIRECTOR SHALL HAVE THE POWER AND DUTY TO: 1. ESTABLISH A PROGRAM TO PROVIDE LEGAL REPRESENTATION AND LEGAL CONSULTATION INCLUDING ENTERING INTO CONTRACTS AND AGREEMENTS AS MAY BE NECESSARY, IN ACCORDANCE WITH SECTION EIGHT HUNDRED THIRTY OF THIS ARTI- CLE; 2. PREPARE AND SUBMIT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT REGARDING THE PROGRAM CREATED UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO THE FOLLOWING INFORMA- TION, DISAGGREGATED BY COUNTY, PROVIDED, HOWEVER, THAT THE INFORMATION SHALL NOT BE REQUIRED FOR EVERY CASE WHERE THE INDIVIDUAL REFUSES TO PROVIDE THE INFORMATION OR THE INFORMATION IS NOT REASONABLY ASCERTAINA- BLE: (A) THE TOTAL NUMBER OF PEOPLE PROVIDED LEGAL REPRESENTATION AND LEGAL CONSULTATION; (B) THE OUTCOMES OF THE CASES PROVIDED LEGAL REPRESENTATION AND, TO THE EXTENT KNOWN, THE OUTCOMES OF THE CASES PROVIDED LEGAL CONSULTATION; (C) GENDER, RACE, ETHNICITY, AND AGE; (D) POSTAL CODE OF RESIDENCE; S. 6678--C 3 (E) HOUSEHOLD SIZE; (F) ESTIMATED LENGTH OF TENANCY; (G) APPROXIMATE HOUSEHOLD INCOME; (H) RECEIPT OF ONGOING PUBLIC ASSISTANCE AT THE TIME SUCH LEGAL SERVICES WERE INITIATED; (I) TENANCY IN RENT-REGULATED HOUSING; (J) TENANCY IN HOUSING OPERATED BY OR SUBSIDIZED THROUGH A FEDERAL, STATE OR LOCAL RENTAL SUBSIDY PROGRAM; (K) LEGAL SERVICES PROVIDED BY TYPE OF LEGAL ISSUE; (L) A LIST OF DESIGNATED LEGAL ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (M) OUTCOMES IMMEDIATELY FOLLOWING THE PROVISION OF FULL LEGAL REPRE- SENTATION, AS APPLICABLE AND AVAILABLE, INCLUDING, BUT NOT LIMITED TO, THE NUMBER OF: (I) JUDGMENTS ALLOWING INDIVIDUALS TO REMAIN IN THEIR RESIDENCE; (II) JUDGMENTS REQUIRING INDIVIDUALS TO BE DISPLACED FROM THEIR RESI- DENCE; AND (III) INSTANCES WHERE AN ATTORNEY REPRESENTING AN INCOME-ELIGIBLE INDIVIDUAL WAS DISCHARGED OR WITHDREW; (N) A LIST OF LANDLORDS INVOLVED IN EVICTION PROCEEDINGS; (O) RESIDENTIAL EVICTIONS CONDUCTED BY SHERIFFS OR CITY MARSHALS, DISAGGREGATED BY COUNTY; (P) A LIST OF DESIGNATED COMMUNITY ORGANIZATIONS, THE GEOGRAPHIC REGION IN WHICH SUCH ORGANIZATIONS PROVIDE SERVICES, AND THE AMOUNT OF FUNDING PROVIDED TO EACH; (Q) THE NUMBER OF BUILDINGS IN WHICH OUTREACH WAS CONDUCTED, THE NUMBER OF WORKSHOPS OFFERED, THE NUMBER OF ATTENDEES AT SUCH WORKSHOPS, THE NUMBER OF PEOPLE REFERRED TO NON-PROFITS HAVING STATUS UNDER SECTION 501 (C) (3) OF THE UNITED STATES INTERNAL REVENUE CODE, AND THE NUMBER OF TRAININGS OFFERED; AND (R) AN EVALUATION OF IMPLEMENTATION CHALLENGES AND RECOMMENDATIONS FOR ANY FUTURE PROGRAMMATIC IMPROVEMENTS. 3. PROVIDE AN ANNUAL ESTIMATE FOR THE FUNDING NECESSARY FOR THE OPERA- TION OF THE PROGRAM UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE; 4. COORDINATE WITH OTHER PROGRAMS PROVIDING LEGAL REPRESENTATION IN COVERED PROCEEDINGS TO ENSURE EFFICIENCY OF FUNCTIONS AND TO PREVENT DUPLICATION OF WORK; 5. SUBJECT TO AVAILABLE FUNDING, CREATE A PROGRAM PROVIDING OUTREACH AND EDUCATION THROUGH DESIGNATED LEGAL ORGANIZATIONS, OR OTHER COMMUNITY ORGANIZATIONS, TO SPREAD AWARENESS OF THE AVAILABILITY OF LEGAL REPRE- SENTATION AND LEGAL CONSULTATION BY SUCH DESIGNATED LEGAL ORGANIZATIONS; 6. CREATE AND MAKE AVAILABLE RESOURCES FOR INDIVIDUALS WITH REGARD TO THEIR RIGHTS IN CIVIL LEGAL MATTERS REGARDING HOUSING ACCOMMODATIONS IN THE LANGUAGES REQUIRED BY LAW AND SUCH ADDITIONAL LANGUAGES AS MAY BE NECESSARY; AND 7. PROMULGATES ANY RULES, REGULATIONS, AND GUIDANCE NECESSARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS ARTICLE. § 829. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "EXECUTIVE DIRECTOR" MEANS THE EXECUTIVE DIRECTOR OF THE NEW YORK STATE OFFICE OF CIVIL REPRESENTATION. 2. "OFFICE" MEANS THE NEW YORK STATE OFFICE OF CIVIL REPRESENTATION. 3. "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS AT RISK OF LOSING THEIR HOUSING ACCOMMODATION IN A COVERED PROCEEDING AND WHO HAS AN INCOME AT OR BELOW EIGHTY PERCENT OF THE AREA MEDIAN INCOME AND, WHERE S. 6678--C 4 APPLICABLE, DOES NOT OTHERWISE QUALIFY FOR LEGAL REPRESENTATION UNDER ANY OTHER PROGRAM PROVIDING INDIVIDUALS LEGAL REPRESENTATION OPERATED OR FUNDED BY A MUNICIPALITY, AS WELL AS ANY OTHER INDIVIDUAL MEETING CRITE- RIA DEVELOPED BY THE OFFICE, WHICH MAY INCLUDE BUT NOT BE LIMITED TO INDIVIDUALS ELIGIBLE FOR A STAY ON THE ISSUANCE OF A WARRANT OF EVICTION UNDER SECTION SEVEN HUNDRED FIFTY-THREE OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW. 4. "COVERED PROCEEDING" MEANS ANY PROCEEDING TO EVICT AN INDIVIDUAL OR OTHERWISE TERMINATE A TENANCY, ANY OTHER PROCEEDING THAT IS LIKELY TO RESULT IN AN INDIVIDUAL LOSING SUCH INDIVIDUAL'S HOUSING ACCOMMODATION, AS DETERMINED BY THE OFFICE, OR A PROCEEDING BROUGHT BY AN ELIGIBLE INDIVIDUAL TO ENFORCE THE WARRANTY OF HABITABILITY OR IN RESPONSE TO THE UNLAWFUL ACTIONS OF A LANDLORD, AS WELL AS ANY APPEALS FROM ANY SUCH PROCEEDINGS. 5. "DESIGNATED LEGAL ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO PROVIDE COMPREHENSIVE AND EFFECTIVE LEGAL SERVICES FOR THE PROGRAM ESTABLISHED UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. TO THE EXTENT PRAC- TICABLE, SUCH DESIGNATED LEGAL ORGANIZATIONS SHALL BE ORGANIZATIONS THAT MAINTAIN A PRACTICE OF FURNISHING FREE OR REDUCED COST LEGAL SERVICES TO INDIVIDUALS; POSSESS EXPERTISE IN THE AREAS OF LAW FOR COVERED PROCEEDINGS; HAVE A DEMONSTRATED HISTORY OR PRACTICE WITH REGARD TO THE LEGAL ISSUES FACING LOW-INCOME RESIDENTS OF THE STATE OF NEW YORK; POSSESS ADEQUATE INFRASTRUCTURE TO PROVIDE CONSISTENT LEGAL REPRESEN- TATION AND/OR LEGAL CONSULTATION. 6. "DESIGNATED COMMUNITY ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGAN- IZATION OR ASSOCIATION HAVING NON-PROFIT STATUS UNDER SECTION 501(C)(3) OF THE UNITED STATES INTERNAL REVENUE CODE THAT HAS THE CAPACITY TO PROVIDE EDUCATION IN A PROGRAM ESTABLISHED UNDER SECTION EIGHT HUNDRED THIRTY OF THIS ARTICLE. TO THE EXTENT PRACTICABLE, SUCH DESIGNATED COMMUNITY ORGANIZATION SHALL MAINTAIN A PRACTICE OF FURNISHING FREE SERVICES; POSSESS EXPERTISE AND EXPERIENCE IN COMMUNITY EDUCATION AND ORGANIZING, AND TIES TO THE COMMUNITIES THEY SERVE; DEMONSTRATE EXPER- TISE IN RECOGNIZING AND RESPONDING TO THE HOUSING ISSUES FACING LOW-IN- COME RESIDENTS OF THE STATE OF NEW YORK; POSSESS ADEQUATE EXPERTISE TO PROVIDE CONSISTENT, HIGH QUALITY SUPERVISION, OVERSIGHT, TRAINING, EVAL- UATION, AND STRATEGIC RESPONSE TO EMERGING OR CHANGING NEEDS IN THE COMMUNITIES SERVED; AND MAINTAIN REASONABLE WORKLOADS AND WORKING CONDI- TIONS FOR THEIR STAFF. 7. "LEGAL REPRESENTATION" MEANS ONGOING LEGAL REPRESENTATION PROVIDED BY A DESIGNATED LEGAL ORGANIZATION TO ELIGIBLE INDIVIDUALS AND THE PROVISION OF LEGAL ADVICE, ADVOCACY, AND ASSISTANCE, INCLUDING BUT NOT BE LIMITED TO: FILING A NOTICE OF APPEARANCE, FILING AND PREPARATION OF PLEADINGS AND MOTIONS ON BEHALF OF ELIGIBLE INDIVIDUALS, COURT APPEAR- ANCES ON BEHALF OF ELIGIBLE INDIVIDUALS, PRE- AND POST-TRIAL SETTLEMENT CONFERENCES, AND ANY OTHER ACTIVITIES NEEDED TO PROVIDE LEGAL REPRESEN- TATION IN A COVERED PROCEEDING. 8. "LEGAL CONSULTATION" MEANS THE PROVISION OF LEGAL ADVICE, INCLUDING ADVISING AN INDIVIDUAL, WHO IS NOT OTHERWISE AN ELIGIBLE INDIVIDUAL UNDER THIS SECTION, OF THE APPLICABLE LAWS AND REMEDIES PERTAINING TO THE COVERED PROCEEDING IN WHICH THEY ARE INVOLVED, PROVIDED BY A DESIG- NATED LEGAL ORGANIZATION TO AN INDIVIDUAL WHO IS NOT OTHERWISE AN ELIGI- BLE INDIVIDUAL. 9. "HOUSING ACCOMMODATION" MEANS THAT PART OF ANY BUILDING OR STRUC- TURE OR ANY PART THEREOF, PERMANENT OR TEMPORARY, OCCUPIED OR INTENDED, S. 6678--C 5 ARRANGED OR DESIGNED TO BE USED OR OCCUPIED, BY ONE OR MORE INDIVIDUALS AS A RESIDENCE, HOME, DWELLING UNIT OR APARTMENT, SLEEPING PLACE, BOARD- ING HOUSE, LODGING HOUSE OR HOTEL, AND ALL ESSENTIAL SERVICES, PRIVI- LEGES, FURNISHINGS, FURNITURE AND FACILITIES SUPPLIED IN CONNECTION WITH THE OCCUPATION THEREOF. § 830. PROVISION OF LEGAL REPRESENTATION, LEGAL CONSULTATION, AND COMMUNITY EDUCATION. 1. SUBJECT TO AVAILABLE FUNDING AND IN ACCORDANCE WITH THIS ARTICLE, THE OFFICE SHALL DEVELOP PROGRAMS TO PROVIDE: (A) LEGAL REPRESENTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGAN- IZATIONS TO ELIGIBLE INDIVIDUALS IN COVERED PROCEEDINGS THROUGHOUT THE STATE; (B) LEGAL CONSULTATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGANIZA- TIONS TO INDIVIDUALS NOT ELIGIBLE FOR LEGAL REPRESENTATION UNDER THIS ARTICLE AND NOT OTHERWISE ELIGIBLE FOR LEGAL CONSULTATION UNDER ANY PROGRAM OPERATED OR FUNDED BY A MUNICIPALITY; AND (C) COMMUNITY OUTREACH AND EDUCATION THROUGH ONE OR MORE DESIGNATED LEGAL ORGANIZATIONS AND/OR DESIGNATED COMMUNITY ORGANIZATIONS REGARDING THE PROGRAMS CREATED HEREIN. 2. IN CREATING THE PROGRAMS UNDER SUBDIVISION ONE OF THIS SECTION, THE EXECUTIVE DIRECTOR SHALL CONSULT WITH THE FOLLOWING: (A) TENANTS AND/OR REPRESENTATIVES OF TENANTS, AND COMMUNITY GROUPS REPRESENTING LOW-INCOME OR OTHER AT-RISK MEMBERS OF THE COMMUNITY; (B) LEGAL AND COMMUNITY-BASED ORGANIZATIONS; (C) REPRESENTATIVES OF THE JUDICIARY; (D) REPRESENTATIVES OF A MUNICIPALITY OPERATING OR FUNDING A PROGRAM PROVIDING LEGAL REPRESENTATION, LEGAL CONSULTATION, OR COMMUNITY EDUCA- TION AND OUTREACH AND/OR REPRESENTATIVES OF THE ORGANIZATIONS INVOLVED IN SUCH PROGRAMS; AND (E) ANY OTHER ORGANIZATIONS OR INDIVIDUALS AS MAY BE NECESSARY AS DETERMINED BY THE EXECUTIVE DIRECTOR. 3. THE OFFICE SHALL POST ON ITS WEBSITE INFORMATION REGARDING THE PROGRAMS CREATED UNDER THIS SECTION INCLUDING HOW INDIVIDUALS MAY FIND SERVICES AVAILABLE IN THEIR GEOGRAPHIC AREA. 4. THE OFFICE SHALL HOLD ONE OR MORE HEARINGS OR LISTENING SESSIONS IN EACH REGION OF THE STATE ON AN ANNUAL BASIS TO EVALUATE THE PROGRAMS CREATED PURSUANT TO THIS SECTION AND TO INCORPORATE ANY NECESSARY CHANG- ES TO SUCH PROGRAMS. § 3. Section 701 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. ANY COURT MAINTAINING A COVERED PROCEEDING, AS DEFINED BY SECTION EIGHT HUNDRED TWENTY-NINE OF THE EXECUTIVE LAW, SHALL NOTIFY ALL RESPONDENTS BY MAIL UPON FILING OF A PETITION, NOT LESS THAN FOURTEEN DAYS BEFORE TRIAL, OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. § 4. Subdivisions 1 and 2 of section 711 of the real property actions and proceedings law, subdivision 1 as amended by chapter 305 of the laws of 1963 and subdivision 2 as amended by section 12 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. The tenant continues in possession of any portion of the premises after the expiration of his term, without the permission of the landlord or, in a case where a new lessee is entitled to possession, without the permission of the new lessee. Acceptance of rent after commencement of the special proceeding upon this ground shall not terminate such proceeding nor effect any award of possession to the landlord or to the new lessee, as the case may be. A proceeding seeking to recover S. 6678--C 6 possession of real property by reason of the termination of the term fixed in the lease pursuant to a provision contained therein giving the landlord the right to terminate the time fixed for occupancy under such agreement if he deem the tenant objectionable, shall not be maintainable unless the landlord shall by competent evidence establish to the satis- faction of the court that the tenant is objectionable. NO PROCEEDING SHALL BE MAINTAINED UNLESS THE COURT HAS NOTIFIED AN INDIVIDUAL OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLI- CABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. 2. The tenant has defaulted in the payment of rent, pursuant to the agreement under which the premises are held, and a written demand of the rent has been made with at least fourteen days' notice requiring, in the alternative, the payment of the rent, or the possession of the premises, has been served upon him as prescribed in section seven hundred thirty- five of this article. NO PROCEEDING SHALL BE MAINTAINED UNLESS THE COURT HAS NOTIFIED AN INDIVIDUAL OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. Any person succeeding to the landlord's interest in the premises may proceed under this subdivision for rent due his predecessor in interest if he has a right thereto. Where a tenant dies during the term of the lease and rent due has not been paid and the apartment is occupied by a person with a claim to possession, a proceed- ing may be commenced naming the occupants of the apartment seeking a possessory judgment only as against the estate. Entry of such a judgment shall be without prejudice to the possessory claims of the occupants, and any warrant issued shall not be effective as against the occupants. § 5. Section 713 of the real property actions and proceedings law is amended by adding a new subdivision 12 to read as follows: 12. NO PROCEEDING SHALL BE MAINTAINED, UNLESS THE COURT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF THE ABILITY OF THE RESPONDENT TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSU- ANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW. § 6. Section 745 of the real property actions and proceedings law is amended by adding a new subdivision 3 to read as follows: 3. WHERE A RESPONDENT WHO IS AN ELIGIBLE INDIVIDUAL, AS DEFINED IN SUBDIVISION THREE OF SECTION EIGHT HUNDRED TWENTY-NINE OF THE EXECUTIVE LAW, APPEARS IN COURT WITHOUT COUNSEL, THE COURT SHALL NOTIFY SUCH RESPONDENT ORALLY OF THE ABILITY TO OBTAIN LEGAL REPRESENTATION PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW, AND IF SUCH RESPONDENT WOULD LIKE COUNSEL, THE COURT SHALL ADJOURN THE TRIAL AND PROVIDE SUFFICIENT TIME, NOT LESS THAN FOURTEEN DAYS, FOR SUCH RESPOND- ENT TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER ADJOURN- MENTS AS THE COURT DEEMS NECESSARY FOR SUCH COVERED INDIVIDUAL TO OBTAIN COUNSEL. § 7. Subdivisions 1 and 3 of section 749 of the real property actions and proceedings law, as amended by section 19 of part M of chapter 36 of the laws of 2019, are amended to read as follows: 1. Upon rendering a final judgment for petitioner, the court shall issue a warrant directed to the sheriff of the county or to any consta- ble or marshal of the city in which the property, or a portion thereof, is situated, or, if it is not situated in a city, to any constable of any town in the county, describing the property, stating the earliest date upon which execution may occur pursuant to the order of the court, and commanding the officer to remove all persons named in the proceed- ing, provided upon a showing of good cause, the court may issue a stay of re-letting or renovation of the premises for a reasonable period of S. 6678--C 7 time. HOWEVER, NO COURT SHALL ISSUE A JUDGMENT AUTHORIZING THE ISSUANCE OF A WARRANT OF EVICTION AGAINST A RESPONDENT WHO HAS DEFAULTED, OR AUTHORIZE THE EXECUTION OF AN EVICTION PURSUANT TO A DEFAULT JUDGMENT, UNLESS THE COURT HAS PROVIDED THE RESPONDENT WITH WRITTEN NOTICE OF THE RESPONDENT'S ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTA- TION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW IN EVICTION PROCEEDINGS IN THE NOTICE REQUIRED BY SECTIONS SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FORTY-ONE AND SEVEN HUNDRED FORTY- FIVE OF THIS ARTICLE. 3. Nothing contained herein shall deprive the court of the power to stay or vacate such warrant for good cause shown prior to the execution thereof, or to restore the tenant to possession subsequent to execution of the warrant. THE FAILURE OF THE COURT TO ADVISE AN INDIVIDUAL OF THEIR ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION, AS APPLICABLE, PURSUANT TO SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW IN AN EVICTION PROCEEDING SHALL CONSTITUTE GOOD CAUSE TO STAY OR VACATE SUCH WARRANT. In a judgment for non-payment of rent, the court shall vacate a warrant upon tender or deposit with the court of the full rent due at any time prior to its execution, unless the petitioner establishes that the tenant withheld the rent due in bad faith. Peti- tioner may recover by action any sum of money which was payable at the time when the special proceeding was commenced and the reasonable value of the use and occupation to the time when the warrant was issued, for any period of time with respect to which the agreement does not make any provision for payment of rent. § 8. The real property law is amended by adding a new section 235-j to read as follows: § 235-J. LEASE PROVISIONS WAIVING RIGHT TO COUNSEL VOID. ANY PROVISION OF A LEASE OR CONTRACT WAIVING OR OTHERWISE LIMITING THE TENANT'S ABILITY TO OBTAIN LEGAL REPRESENTATION OR LEGAL CONSULTATION UNDER SECTION EIGHT HUNDRED THIRTY OF THE EXECUTIVE LAW, AS MAY BE APPLICABLE, SHALL BE VOID AND UNENFORCEABLE. § 9. Severability clause. If any provision of this act, or any appli- cation of any provision of this act, is held to be invalid, or to violate or be inconsistent with any federal law or regulation, that shall not affect the validity or effectiveness of any other provision of this act, which can be given effect without that provision or applica- tion; and to that end, the provisions and applications of this act are severable. § 10. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that sections three through eight of this act shall take effect three years after such date.
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