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

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S07436 Summary:

BILL NOS07436 

&nbsp

SAME ASSAME AS A00162

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSRPARKER, RAMOS, SALAZAR

&nbsp

MLTSPNSR

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Add Art 18-C §§723 - 723-f, amd §717, County L

&nbsp

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 

&nbsp

04/16/2025REFERRED TO LOCAL GOVERNMENT

Go to topS07436 Committee&nbspVotes:

Go to topS07436 Floor&nbspVotes:

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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