New York S 7480: Relates to adjournments for right to counsel

Bill Text

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S07480 Summary:

BILL NOS07480 

&nbsp

SAME ASSAME AS A01576

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRBRISPORT, CLEARE, FERNANDEZ, JACKSON, KRUEGER, MAY, RIVERA, SEPULVEDA, SERRANO

&nbsp

MLTSPNSR

&nbsp

Amd §745, RPAP L

&nbsp

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.

Go to top S07480 Actions:

BILL NOS07480 

&nbsp

04/17/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS07480 Committee&nbspVotes:

Go to topS07480 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS07480 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7480

 2025-2026 Regular Sessions

 IN SENATE

 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:

 1 Section 1. Subdivision 1 of section 745 of the real property actions
 2 and proceedings law, as amended by section 17 of part M of chapter 36 of
 3 the laws of 2019, is amended to read as follows:
 4 1. (a) Where triable issues of fact are raised, they shall be tried by
 5 the court unless, at the time the petition is noticed to be heard, a
 6 party demands a trial by jury, in which case trial shall be by jury. At
 7 the time when issue is joined the court, at the request of either party
 8 shall adjourn the trial of the issue, not less than fourteen days,
 9 except by consent of all parties. A party's second or subsequent request
 10 for adjournment, except as provided by paragraph (b) of this subdivi-
 11 sion, shall be granted in the court's sole discretion.
 12 (b) In any jurisdiction in which a party may be eligible under local
 13 law for free legal counsel, the court shall notify such party orally of
 14 their ability to obtain free legal counsel pursuant to local law, and,
 15 if such party elects to obtain, the court shall adjourn the trial for
 16 not less than thirty days for such party to retain and consult counsel
 17 and shall grant such further adjournments for not less than thirty days
 18 each as are necessary for such party to retain and consult counsel.
 19 § 2. Paragraph (a) of subdivision 2 of section 745 of the real proper-
 20 ty actions and proceedings law, as amended by section 17 of part M of
 21 chapter 36 of the laws of 2019, is amended to read as follows:
 22 (a) In a summary proceeding upon the second of two adjournments grant-
 23 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

 1 after the first appearance of the parties in court less any days that
 2 the proceeding has been adjourned upon the request of the petitioner,
 3 counting only days attributable to adjournment requests made solely at
 4 the request of the respondent and not counting an initial adjournment
 5 requested by a respondent unrepresented by counsel for the purpose of
 6 securing counsel, whichever occurs sooner, the court may, upon consider-
 7 ation of the equities, direct that the respondent, upon a motion on
 8 notice made by the petitioner, deposit with the court sums of rent or
 9 use and occupancy that shall accrue subsequent to the date of the
 10 court's order, which may be established without the use of expert testi-
 11 mony. The court shall not order deposit or payment of use and occupancy
 12 where the respondent can establish, to the satisfaction of the court
 13 that respondent has properly interposed one of the following defens