Senate Bill S9936

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9936
 
                             I N  S E N A T E
 
                              April 16, 2026
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04669-01-5
 S. 9936                             2
 
 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.