Assembly Bill A7570C

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


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

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Actions

Bill Amendments

co-Sponsors

2021-A7570 - Details

See Senate Version of this Bill:
S6678
Current Committee:
Senate Rules
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:
A1493, S2721

2021-A7570 - Summary

Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings; requires that eligible individuals be given notice of their ability to obtain legal representation or legal consultation.

2021-A7570 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7570
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Judiciary
 
 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
              

co-Sponsors

2021-A7570A - Details

See Senate Version of this Bill:
S6678
Current Committee:
Senate Rules
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:
A1493, S2721

2021-A7570A - Summary

Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings; requires that eligible individuals be given notice of their ability to obtain legal representation or legal consultation.

2021-A7570A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7570--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. JOYNER, REYES, GOTTFRIED, SEPTIMO, GALLAGHER,
   DINOWITZ, SEAWRIGHT, McDONALD, NIOU -- read once and referred  to  the
   Committee  on Judiciary -- 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,
 prohibit  discrimination,  regulate  rents and provide rental subsidies.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A7570B - Details

See Senate Version of this Bill:
S6678
Current Committee:
Senate Rules
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:
A1493, S2721

2021-A7570B - Summary

Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings; requires that eligible individuals be given notice of their ability to obtain legal representation or legal consultation.

2021-A7570B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7570--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. JOYNER, REYES, GOTTFRIED, SEPTIMO, GALLAGHER,
   DINOWITZ, SEAWRIGHT, McDONALD, NIOU, BURGOS, DAVILA,  EPSTEIN,  SIMON,
   CRUZ,  BARNWELL,  MITAYNES,  FORREST,  CARROLL,  FAHY, GONZALEZ-ROJAS,
   MAMDANI, BURDICK, FERNANDEZ, PERRY, HUNTER, MEEKS,  SOLAGES,  JACKSON,
   PAULIN, ABINANTI, OTIS, AUBRY -- read once and referred to the Commit-
   tee  on  Judiciary  --  committee  discharged,  bill  amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Judiciary in accordance with Assembly Rule 3, sec.
   2  -- 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11311-07-2
              

co-Sponsors

2021-A7570C (ACTIVE) - Details

See Senate Version of this Bill:
S6678
Current Committee:
Senate Rules
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:
A1493, S2721

2021-A7570C (ACTIVE) - Summary

Establishes the New York state office of civil representation to provide access to legal services in eviction proceedings; requires that eligible individuals be given notice of their ability to obtain legal representation or legal consultation.

2021-A7570C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7570--C
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2021
                                ___________
 
 Introduced  by  M.  of  A. JOYNER, REYES, GOTTFRIED, SEPTIMO, GALLAGHER,
   DINOWITZ, SEAWRIGHT, McDONALD, NIOU, BURGOS, DAVILA,  EPSTEIN,  SIMON,
   CRUZ,  BARNWELL,  MITAYNES,  FORREST,  CARROLL,  FAHY, GONZALEZ-ROJAS,
   MAMDANI, BURDICK, FERNANDEZ, HUNTER, MEEKS, SOLAGES, JACKSON,  PAULIN,
   ABINANTI, OTIS, AUBRY, PRETLOW, BICHOTTE HERMELYN, KELLES, CUNNINGHAM,
   QUART,  J. RIVERA, ZINERMAN, TAPIA, WALKER, BRONSON, O'DONNELL, CLARK,
   GLICK, ANDERSON, BENEDETTO, WOERNER, TAYLOR, COOK  --  read  once  and
   referred  to  the Committee on Judiciary -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  recommitted  to the Committee on Judiciary in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Judiciary in accordance with Assembly Rule 3, sec.
   2  -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11311-09-2
              

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