Assembly Bill A1576

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1576
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL, TAYLOR, GLICK, SEAWRIGHT, SIMONE,
   GALLAGHER, SHIMSKY, DE LOS SANTOS, LEVENBERG, HEVESI, SHRESTHA, ZACCA-
   RO, DAVILA, FORREST, EPSTEIN, GONZALEZ-ROJAS, MAMDANI  --  Multi-Spon-
   sored  by -- M. of A. SIMON -- 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04669-01-5
 A. 1576                             2
              

 
   (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,
 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.