New York S 7436: Relates to the provision of legal representation to certain persons in eviction, ejectment and foreclosure proceedings
Status: REFERRED TO LOCAL GOVERNMENT (as of 2025-04-16)
State: New York · Session: 2025-2026 · Bill: S 7436
Sponsors: Brad Hoylman-Sigal, Jessica Ramos, Julia Salazar, Kevin S. Parker
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. - This bill is not active in this session. Bill No.: • Summary • Actions • Committee Votes • Floor Votes • Memo • Text • LFIN • Chamber Video/Transcript S07436 Summary: BILL NOS07436   SAME ASSAME AS A00162   SPONSORHOYLMAN-SIGAL   COSPNSRPARKER, RAMOS, SALAZAR   MLTSPNSR   Add Art 18-C §§723 - 723-f, amd §717, County L   Requires counties and/or cities to establish a plan for providing legal counsel to persons who are defendants or respondents in eviction, ejectment and foreclosure proceedings and who are financially unable to obtain counsel; defines eligible person as one whose gross individual income is not in excess of one hundred twenty-five percent of the federal income official poverty line; requires the state to match dollar for dollar the amount counties appropriate for their plans. Go to top S07436 Actions: BILL NOS07436   04/16/2025REFERRED TO LOCAL GOVERNMENT Go to topS07436 Committee Votes: Go to topS07436 Floor Votes: There are no Assembly votes for this bill in this legislative session. Go to topS07436 Text: STATE OF NEW YORK ________________________________________________________________________ 7436 2025-2026 Regular Sessions IN SENATE April 16, 2025 ___________ Introduced by Sens. HOYLMAN-SIGAL, PARKER, RAMOS, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the county law, in relation to the provision of legal representation to certain persons in eviction, ejectment and foreclo- sure proceedings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The county law is amended by adding a new article 18-C to 2 read as follows: 3 ARTICLE 18-C 4 REPRESENTATION OF PERSONS IN EVICTION, EJECTMENT AND FORECLOSURE 5 PROCEEDINGS 6 Section 723. Definitions. 7 723-a. Plan for representation. 8 723-b. Compensation and reimbursement for representation. 9 723-c. Services other than counsel. 10 723-d. Duration of assignment. 11 723-e. Expenses. 12 723-f. Annual reports. 13 § 723. Definitions. For purposes of this article the following terms 14 shall have the following meanings: 15 1. "Covered proceeding" means any action or special proceeding to 16 evict an eligible individual, including those seeking possession for the 17 non-payment of rent or holdover, or proceedings for ejectment or fore- 18 closure. 19 2. "Eligible person" means an occupant of a rental dwelling unit, an 20 owner of shares of a cooperative corporation who occupies the dwelling 21 unit to which such shares are allocated, the owner and occupant of a 22 dwelling unit owned as a condominium or the owner and occupant of a one- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01257-01-5 S. 7436 2 1 or two-family dwelling who is a defendant or respondent in a covered 2 proceeding and whose gross individual income is not in excess of one 3 hundred twenty-five percent of the federal income official poverty line. 4 3. "Counsel" means a lawyer or lawyers licensed to practice law in New 5 York state. 6 § 723-a. Plan for representation. The governing body of each county 7 and the governing body of the city in which a county is wholly contained 8 shall place in operation throughout the county a plan for providing 9 legal counsel to eligible persons who are defendants or respondents in a 10 covered proceeding and who are financially unable to obtain counsel. 11 Each plan shall also provide for investigative, expert and other 12 services necessary, where appropriate. The plan shall conform to one of 13 the following: 14 1. Representation by a public defender appointed pursuant to subdivi- 15 sion three of section seven hundred seventeen of this chapter. 16 2. (a) Representation by counsel furnished pursuant to either or both 17 of the following: a plan of a bar association in each county or the city 18 in which a county is wholly contained whereby: (i) the services of 19 private counsel are rotated and coordinated by an administrator, and 20 such administrator may be compensated for such service; or (ii) such 21 representation is provided by an office of conflict defender. 22 (b) Any plan of a bar association must receive the approval of the 23 state administrator before the plan is
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