NY State Senate Bill 2025-S7480

Current Bill Status - In Senate Committee Housing, Construction And Community Development 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 17, 2025	referred to housing, construction and community development

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2025-S7480 (ACTIVE) - Details

See Assembly Version of this Bill:: A1576
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Real Property Actions and Proceedings Law
Laws Affected:: Amd §745, RPAP L
Versions Introduced in 2023-2024 Legislative Session:: S3254, A4993

2025-S7480 (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.

2025-S7480 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7480

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.

Section 2 ensures that the adjournments provided by section one of the
bill do not count against an unrepresented party for the purposes of
RPAPL 745(2)(a).

Section 3 establishes the effective date.

 
JUSTIFICATION:

Under local law, tenants in New York City earning less than 200 percent
of the federal poverty level are entitled to free legal representation
in an eviction proceeding. N.Y.C. Ad. Code Title 26 Chapter 13. Despite
this guarantee, less than ten percent of tenants in housing court had a
lawyer in September and October of 2022.  Evictions are being filed and
calendared at a much faster rate than legal services providers can
handle. Landlords filed about 2,100 new evictions each week between
April and October 2022, the highest rate since the start of the COVID-19
pandemic. The shortage of legal counsel disproportionately affects
communities of color, where 82 percent of evictions are filed.

This bill will ensure that when local governments provide a right to
counsel, it is not an empty process. It will require courts to honor the
right to counsel by adjourning eviction proceedings until any party
entitled to counsel has an opportunity obtain that counsel.

 
PRIOR LEGISLATIVE HISTORY:

S.3254 of 2023-2024 (Hoylman-Sigal): Died in Housing, Construction, and
Community Development

A.4993 of 2023-2024 (Rosenthal): Died in Judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to actions and
proceedings pending on and after such date.

2025-S7480 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7480
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced by Sens. HOYLMAN-SIGAL, BRISPORT, CLEARE, FERNANDEZ, JACKSON,
   KRUEGER,  MAY,  RIVERA,  SEPULVEDA,  SERRANO -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04669-01-5

 S. 7480                             2
 
 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.

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Senate Bill S7480

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

co-Sponsors

2025-S7480 (ACTIVE) - Details

2025-S7480 (ACTIVE) - Summary

2025-S7480 (ACTIVE) - Sponsor Memo

2025-S7480 (ACTIVE) - Bill Text download pdf

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Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Actions

co-Sponsors

2025-S7480 (ACTIVE) - Details

2025-S7480 (ACTIVE) - Summary

2025-S7480 (ACTIVE) - Sponsor Memo

2025-S7480 (ACTIVE) - Bill Text download pdf

Comments