|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 30, 2023||referred to housing, construction and community development|
senate Bill S3254
Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3254 (ACTIVE) - Details
- See Assembly Version of this Bill:
- Current Committee:
- Senate Housing, Construction And Community Development
- Law Section:
- Real Property Actions and Proceedings Law
- Laws Affected:
- Amd §745, RPAP L
S3254 (ACTIVE) - Summary
Provides that in any jurisdiction in which a party is eligible under local law for free legal counsel, if such party has in good faith attempted to secure such counsel and is unable to obtain counsel through no fault of their own, the court shall adjourn the trial of the issue for consecutive periods of not less than fourteen days each until the party is able to secure counsel.
S3254 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3254 SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: An act to amend the real property actions and proceedings law, in relation to adjournments relating to right to counsel PURPOSE OR GENERAL IDEA OF BILL: To ensure parties to an eviction proceeding have an adequate opportunity to secure counsel when access to counsel is guaranteed under local law. SUMMARY OF PROVISIONS: Section 1 provides a right to consecutive adjournments of not less than fourteen days each when an unrepresented party to an eviction proceeding is eligible under local law for free legal counsel and has attempted in good faith to secure that counsel but has been unable to obtain counsel through no fault of their own. The adjournments continue until the party is able to secure counsel.
S3254 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3254 2023-2024 Regular Sessions I N S E N A T E January 30, 2023 ___________ Introduced by Sen. HOYLMAN-SIGAL -- 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, in relation to adjournments relating to right to counsel THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 745 of the real property actions and proceedings law, as amended by section 17 of part M of chapter 36 of the laws of 2019, is amended to read as follows: 1. (A) Where triable issues of fact are raised, they shall be tried by the court unless, at the time the petition is noticed to be heard, a party demands a trial by jury, in which case trial shall be by jury. At the time when issue is joined the court, at the request of either party shall adjourn the trial of the issue, not less than fourteen days, except by consent of all parties. A party's second or subsequent request for adjournment, EXCEPT AS PROVIDED BY PARAGRAPH (B) OF THIS SUBDIVI- SION, shall be granted in the court's sole discretion. (B) IN ANY JURISDICTION IN WHICH A PARTY MAY BE ELIGIBLE UNDER LOCAL LAW FOR FREE LEGAL COUNSEL, THE COURT SHALL NOTIFY SUCH PARTY ORALLY OF THEIR ABILITY TO OBTAIN FREE LEGAL COUNSEL PURSUANT TO LOCAL LAW, AND, IF SUCH PARTY ELECTS TO OBTAIN, THE COURT SHALL ADJOURN THE TRIAL FOR NOT LESS THAN THIRTY DAYS FOR SUCH PARTY TO RETAIN AND CONSULT COUNSEL AND SHALL GRANT SUCH FURTHER ADJOURNMENTS FOR NOT LESS THAN THIRTY DAYS EACH AS ARE NECESSARY FOR SUCH PARTY TO RETAIN AND CONSULT COUNSEL. § 2. Paragraph (a) of subdivision 2 of section 745 of the real proper- ty actions and proceedings law, as amended by section 17 of part M of chapter 36 of the laws of 2019, is amended to read as follows: (a) In a summary proceeding upon the second of two adjournments grant- ed solely at the request of the respondent, or, upon the sixtieth day after the first appearance of the parties in court less any days that EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07342-01-3
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