senate Bill S6678A

2021-2022 Legislative Session

Establishes the civil right to counsel in eviction proceedings in New York state

download bill text pdf

Sponsored By

Current 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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Co-Sponsors

S6678 - Details

See Assembly Version of this Bill:
A7570
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add Art 7-C §§800 - 800-i, amd §§701, 711, 713, 741, 745 & 749, RPAP L; add §235-i, RP L

S6678 - Summary

Establishes the civil right to counsel in eviction proceedings in New York state; creates the New York state office of civil justice; requires that covered individuals be given notice of such right to counsel.

S6678 - Sponsor Memo

S6678 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6678
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to  amend the real property actions and proceedings law and the
   real property law, in relation to  establishing  the  civil  right  to
   counsel in eviction proceedings

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

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

Co-Sponsors

view additional co-sponsors

S6678A (ACTIVE) - Details

See Assembly Version of this Bill:
A7570
Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add Art 7-C §§800 - 800-i, amd §§701, 711, 713, 741, 745 & 749, RPAP L; add §235-i, RP L

S6678A (ACTIVE) - Summary

Establishes the civil right to counsel in eviction proceedings in New York state; creates the New York state office of civil justice; requires that covered individuals be given notice of such right to counsel.

S6678A (ACTIVE) - Sponsor Memo

S6678A (ACTIVE) - 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.

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