Senate Bill S9357

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9357
 
                             I N  S E N A T E
 
                               March 4, 2026
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN  ACT  to  amend the real property actions and proceedings law and the
   judiciary law, in relation to  establishing  a  fundamental  right  to
   counsel  for all respondents facing housing court eviction proceedings
   in the state of New York

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 state right to counsel act".
   § 2. Legislative intent. The legislature intends to  ensure  that  all
 respondents  in  housing  court  eviction  cases are given a fundamental
 right to counsel and protections from eviction until  legal  counsel  is
 secured.
   §  3.  Section 111 of the real property actions and proceedings law is
 amended by adding 7 new subdivisions 6, 7, 8, 9, 10, 11 and 12  to  read
 as follows:
   6.  AS  USED  IN  THIS CHAPTER, THE TERM "HOUSING COURT" MEANS ANY NEW
 YORK  STATE  COURT  PRESIDING  OVER  SUMMARY  PROCEEDINGS   TO   RECOVER
 POSSESSION OF RESIDENTIAL REAL PROPERTY.
   7.  AS  USED  IN THIS CHAPTER, THE TERM "SUMMARY PROCEEDING" MEANS ANY
 PROCEEDING BROUGHT BEFORE A HOUSING COURT SEEKING TO EVICT A  RESPONDENT
 OF A RESIDENTIAL REAL PROPERTY.
   8.  AS USED IN THIS CHAPTER, THE TERM "RESPONDENT" MEANS ANY TENANT OR
 OCCUPANT, AS SUCH TERMS ARE DEFINED IN SECTION TWO HUNDRED THIRTY-FIVE-F
 OF THE REAL PROPERTY LAW, WHO IS THE SUBJECT OF A SUMMARY PROCEEDING.
   9. AS USED IN THIS CHAPTER, THE TERM  "UNREPRESENTED"  REFERS  TO  ANY
 RESPONDENT  WHO  IS  NOT  REPRESENTED BY A LICENSED ATTORNEY IN NEW YORK
 STATE AT THE TIME OF ANY HOUSING COURT EVICTION APPEARANCE OR STAGE IN A
 SUMMARY PROCEEDING.
   10. AS USED IN THIS CHAPTER, THE TERM "LEGAL COUNSEL OR COUNSEL" MEANS
 ANY ATTORNEY OR GROUP OF ATTORNEYS LICENSED TO PRACTICE LAW IN THE STATE
 OF NEW YORK, INCLUDING LEGAL SERVICES ATTORNEYS OR  PRO  BONO  ATTORNEYS
 AND ORGANIZATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14730-03-6
 S. 9357                             2
 
   11.  AS  USED  IN  THIS  CHAPTER, THE TERM "RESIDENTIAL REAL PROPERTY"
 MEANS REAL PROPERTY USED OR INTENDED TO BE USED AS A DWELLING  OR  HOME,
 INCLUDING  BUT  NOT LIMITED TO APARTMENTS, HOUSES, AND ROOMS IN MULTIPLE
 DWELLINGS.
   12.  AS  USED  IN  THIS CHAPTER, THE TERM "RIGHT TO COUNSEL" MEANS THE
 FUNDAMENTAL RIGHT FOR ANY RESPONDENT FACING EVICTION PROCEEDINGS IN  NEW
 YORK STATE TO BE REPRESENTED BY AN ATTORNEY.
   §  4.  The  real  property  actions  and proceedings law is amended by
 adding a new section 745-a to read as follows:
   § 745-A. RIGHT  TO  COUNSEL  AND  AUTOMATIC  ADJOURNMENT  IN  EVICTION
 PROCEEDINGS.  1.  ANY  RESPONDENT IN A SUMMARY PROCEEDING, AS DEFINED IN
 SUBDIVISION SEVEN OF SECTION ONE HUNDRED ELEVEN OF THIS  CHAPTER,  SHALL
 HAVE  A FUNDAMENTAL RIGHT TO LEGAL COUNSEL AT ALL STAGES OF THE PROCEED-
 ING.
   2. WHEN A RESPONDENT IN A SUMMARY PROCEEDING APPEARS BEFORE THE  COURT
 WITHOUT  LEGAL REPRESENTATION, THE HOUSING COURT PRESIDING MUST GRANT AN
 ADJOURNMENT OF THE PROCEEDING OF AT LEAST ONE MONTH.
   3. (A) THE ADJOURNMENT SHALL BE GRANTED UPON  THE  RESPONDENT'S  FIRST
 APPEARANCE  WITHOUT  COUNSEL WITHOUT ANY REQUIREMENT THAT THE RESPONDENT
 DEMONSTRATE GOOD CAUSE.
   (B) IN LATER APPEARANCES, IF THE RESPONDENT SHOWS ATTEMPTS  TO  OBTAIN
 FREE  LEGAL  AID  OR  PRO BONO COUNSEL AND DENIAL OR REFUSAL BY PRO BONO
 LEGAL ORGANIZATIONS TO TAKE ON THE CASE, THE COURT  MUST  GRANT  ANOTHER
 ADJOURNMENT OF THE PROCEEDING OF AT LEAST FOURTEEN DAYS.
   4.  THE  ADJOURNMENT  IS  FOR THE PURPOSE OF PERMITTING THE RESPONDENT
 TIME TO SECURE LEGAL REPRESENTATION.
   5. THE COURT SHALL NOTIFY THE RESPONDENT VERBALLY AND  IN  WRITING  OF
 THEIR  RIGHT  TO COUNSEL AND INCLUDE WITH THIS ANY LEGAL AID OR PRO BONO
 LEGAL RESOURCES THAT THEY CAN ACCESS.
   6. ANY ATTEMPTS BY THE RESPONDENT TO WAIVE THEIR RIGHT TO COUNSEL  ARE
 DEEMED INVALID UNTIL THE RESPONDENT HAS AT LEAST HAD A CONSULTATION WITH
 AN ATTORNEY.
   § 5. The judiciary law is amended by adding a new section 39-c to read
 as follows:
   §  39-C.  DUTIES OF HOUSING COURT JUDGES IN CASES WITH RESPONDENTS WHO
 DO NOT HAVE LEGAL REPRESENTATION. 1. IN ANY EVICTION OR SUMMARY PROCEED-
 ING, A HOUSING COURT JUDGE  MAY  NOT  PROCEED  ON  THE  MERITS  WHERE  A
 RESPONDENT  APPEARS  WITHOUT  COUNSEL  UNTIL  THE  RESPONDENT EITHER HAS
 ACCESS TO LEGAL COUNSEL OR HAS VALIDLY FORFEITED THEIR RIGHT TO  COUNSEL
 PURSUANT  TO  SECTION  SEVEN  HUNDRED  FORTY-FIVE-A OF THE REAL PROPERTY
 ACTIONS AND PROCEEDINGS LAW.
   2. NO WARRANT OF EVICTION, FINAL POSSESSION OF  JUDGMENT,  OR  DEFAULT
 JUDGMENT  SHALL BE ISSUED AGAINST AN UNREPRESENTED RESPONDENT UNLESS THE
 COURT HAS COMPLIED WITH THE REQUIREMENTS OF THIS SECTION.
   § 6. This act shall take effect one year after it shall have become  a
 law.