The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4993
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Judiciary
 
 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
 the  proceeding  has  been adjourned upon the request of the petitioner,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07342-01-3

 A. 4993                             2
 
 counting only days attributable to adjournment requests made  solely  at
 the  request  of  the respondent and not counting an initial adjournment
 requested by a respondent unrepresented by counsel for  the  purpose  of
 securing counsel, whichever occurs sooner, the court may, upon consider-
 ation  of  the  equities,  direct  that the respondent, upon a motion on
 notice made by the petitioner, deposit with the court sums  of  rent  or
 use  and  occupancy  that  shall  accrue  subsequent  to the date of the
 court's order, which may be established without the use of expert testi-
 mony. The court shall not order deposit or payment of use and  occupancy
 where  the  respondent  can  establish, to the satisfaction of the court
 that respondent has properly interposed one of the following defenses or
 established the following grounds:
   (i) the petitioner is not a proper party to the proceeding pursuant to
 section seven hundred twenty-one of this article; or
   (ii) (A) actual eviction, or  (B)  actual  partial  eviction,  or  (C)
 constructive eviction; and respondent has quit the premises; or
   (iii)  a  defense pursuant to section one hundred forty-three-b of the
 social services law; or
   (iv) a defense based upon the existence of  hazardous  or  immediately
 hazardous  violations  of  the  housing  maintenance code in the subject
 apartment or common areas; or
   (v) a colorable defense of rent overcharge; or
   (vi) a defense that the unit is in violation of the building's certif-
 icate of occupancy or is otherwise illegal under the  multiple  dwelling
 law or the New York city housing maintenance code; or
   (vii) the court lacks personal jurisdiction over the respondent.
   Two  adjournments  shall  not  include  an  adjournment requested by a
 respondent unrepresented by counsel for the purpose of securing  counsel
 made on a return date of the proceeding, INCLUDING AN ADJOURNMENT PURSU-
 ANT  TO  PARAGRAPH  (B) OF SUBDIVISION ONE OF THIS SECTION. Such rent or
 use and occupancy sums shall be deposited with the clerk of the court or
 paid to such other person or entity,  including  the  petitioner  or  an
 agent  designated  by  the division of housing and community renewal, as
 the court shall direct or shall be expended for such  emergency  repairs
 as the court shall approve.
   § 3. This act shall take effect immediately and shall apply to actions
 and proceedings pending on and after such date.