New York A 10702: Enacts the "New York state right to counsel act"

Bill Text

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A10702 Summary:

BILL NOA10702 

&nbsp

SAME ASNo Same As

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SPONSORSolages

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COSPNSRDais

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MLTSPNSR

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Amd §111, add §745-a, RPAP L; add §39-c, Judy L

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Establishes a fundamental right to counsel for all respondents facing eviction proceedings; mandates an automatic stay or adjournment on any housing court eviction proceedings if a tenant does not have an attorney.

Go to top A10702 Actions:

BILL NOA10702 

&nbsp

03/20/2026referred to judiciary

Go to topA10702 Committee&nbspVotes:

Go to topA10702 Floor&nbspVotes:

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

Go to topA10702 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10702

 IN ASSEMBLY

 March 20, 2026
 ___________

 Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
 tee 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:

 1 Section 1. This act shall be known and may be cited as the "New York
 2 state right to counsel act".
 3 § 2. Legislative intent. The legislature intends to ensure that all
 4 respondents in housing court eviction cases are given a fundamental
 5 right to counsel and protections from eviction until legal counsel is
 6 secured.
 7 § 3. Section 111 of the real property actions and proceedings law is
 8 amended by adding 7 new subdivisions 6, 7, 8, 9, 10, 11 and 12 to read
 9 as follows:
 10 6. As used in this chapter, the term "housing court" means any New
 11 York state court presiding over summary proceedings to recover
 12 possession of residential real property.
 13 7. As used in this chapter, the term "summary proceeding" means any
 14 proceeding brought before a housing court seeking to evict a respondent
 15 of a residential real property.
 16 8. As used in this chapter, the term "respondent" means any tenant or
 17 occupant, as such terms are defined in section two hundred thirty-five-f
 18 of the real property law, who is the subject of a summary proceeding.
 19 9. As used in this chapter, the term "unrepresented" refers to any
 20 respondent who is not represented by a licensed attorney in New York
 21 state at the time of any housing court eviction appearance or stage in a
 22 summary proceeding.
 23 10. As used in this chapter, the term "legal counsel or counsel" means
 24 any attorney or group of attorneys licensed to practice law in the state
 25 of New York, including legal services attorneys or pro bono attorneys
 26 and organizations.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14730-03-6

 A. 10702 2

 1 11. As used in this chapter, the term "residential real property"
 2 means real property used or intended to be used as a dwelling or home,
 3 including but not limited to apartments, houses, and rooms in multiple
 4 dwellings.
 5 12. As used in this chapter, the term "right to counsel" means the
 6 fundamental right for any respondent facing eviction proceedings in New
 7 York state to be represented by an attorney.
 8 § 4. The real property actions and proceedings law is amended by
 9 adding a new section 745-a to read as follows:
 10 § 745-a. Right to counsel and automatic adjournment in eviction
 11 proceedings. 1. Any respondent in a summary proceeding, as defined in
 12 subdivision seven of section one hundred eleven of this chapter, shall
 13 have a fundamental right to legal counsel at all stages of the proceed-
 14 ing.
 15 2. When a respondent in a summary proceeding appears before the court
 16 without legal representation, the housing court presiding must grant an
 17 adjournment of the proceeding of at least one month.
 18 3. (a) The adjournment shall be granted upon the respondent's first
 19 appearance without counsel without any requirement that the respondent
 20 demonstrate good cause.
 21 (b) In later appearances, if the respondent shows attempts to obtain
 22 free legal aid or pro bono counsel and denial or refusal by pro bono
 23 legal organizations to tak