New York S 9936: Relates to adjournments for right to counsel

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S09936 Summary:

BILL NOS09936 

&nbsp

SAME ASSAME AS A01576

&nbsp

SPONSORKRUEGER

&nbsp

COSPNSRSALAZAR

&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 S09936 Actions:

BILL NOS09936 

&nbsp

04/16/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS09936 Committee&nbspVotes:

Go to topS09936 Floor&nbspVotes:

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

Go to topS09936 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9936

 IN SENATE

 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:

 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
 24 after the first appearance of the parties in court less any days that
 25 the proceeding has been adjourned upon the request of the petitioner,
 26 counting only days attributable to adjournment requests made solely at
 27 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

 1 requested by a respondent unrepresented by counsel for the purpose of
 2 securing counsel, whichever occurs sooner, the court may, upon consider-
 3 ation of the equities, direct that the respondent, upon a motion on
 4 notice made by the petitioner, deposit with the court sums of rent or
 5 use and occupancy that shall accrue subsequent to the date of the
 6 court's order, which may be established without the use of expert testi-
 7 mony. The court shall not order deposit or payment of use and occupancy
 8 where the respondent can establish, to the satisfaction of the court
 9 that respondent has properly interposed one of the following defenses or
 10 established the following grounds:
 11 (i) the petitioner is not a proper party to the proceeding pursuant to
 12 section seven hundred twenty-one of this article; or
 13 (ii) (A) actual eviction, or (B) actual partial eviction,