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A 10702

Enacts the "New York state right to counsel act"

2025 Regular Session Introduced by Michaelle Solages

Strengthens tenants' due process by guaranteeing a right to legal counsel in housing court eviction cases and delaying proceedings until counsel is secured.

REFERRED TO JUDICIARY
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Bill Summary · A 10702

Summary of Bill A. 10702 (2025-2026) — New York State Right to Counsel Act

Purpose and intent

  • Establishes a fundamental right to counsel for all respondents facing housing court eviction proceedings in New York.
  • Aims to ensure eviction cases in housing court are addressed with legal representation, protecting tenants’ rights and ensuring due process until counsel is secured.

Key provisions and changes

Definitions (added to Real Property Actions and Proceedings Law, §111)

  • Housing court: Any New York state court handling summary proceedings to recover possession of residential property.
  • Summary proceeding: Eviction action brought before a housing court against a tenant or occupant.
  • Respondent: Tenant or occupant subject to the eviction proceeding.
  • Unrepresented: Respondent not represented by a licensed New York attorney at any stage of the eviction proceeding.
  • Legal counsel: Attorneys licensed in New York, including legal services, pro bono, or group legal organizations.
  • Residential real property: Property used or intended as a dwelling (e.g., apartments, houses, rooms).
  • Right to counsel: The fundamental right for a respondent to be represented by an attorney in eviction proceedings.

Right to counsel and automatic adjournment (new § 745-a)

  1. Every respondent in a summary eviction proceeding has a fundamental right to legal counsel at all stages.
  2. If a respondent appears without counsel, the housing court must grant an adjournment of at least one month.
  3. On first appearance without counsel, no need to show good cause for adjournment. On later appearances, if the respondent has attempted to obtain free/legal aid or pro bono counsel and been denied, the court must grant another adjournment of at least 14 days.
  4. The adjournment period is to allow time to secure legal representation.
  5. The court must verbally and in writing inform the respondent of their right to counsel and provide information about legal aid or pro bono resources.
  6. Any attempts by the respondent to waive the right to counsel are invalid until after consultation with an attorney.

Duties of housing court judges (new § 39-c in Judiciary Law)

  1. A housing court judge cannot proceed on the merits in eviction/summary proceedings where a respondent appears without counsel until the respondent has access to counsel or validly forfeited the right after the § 745-a process.
  2. No eviction warrants, final possession judgments, or default judgments may be issued against an unrepresented respondent until the court has complied with the right-to-counsel requirements.

Effective date

  • The act would take effect one year after it becomes law.

Who would be affected

  • Respondents in housing court eviction proceedings (tenants or occupants).
  • Housing courts and their judges, who must implement automatic adjournments and ensure compliance with the right-to-counsel requirements.
  • Legal service providers, pro bono attorneys, and legal aid organizations who may be called upon to represent respondents.
  • Lanugage and notice requirements: Courts must provide information about the right to counsel and available resources to respondents.

Procedural and timeline aspects

  • Effective one year after enactment.
  • Immediate procedural impact includes mandatory adjournments when a respondent appears without counsel.
  • Establishes procedural safeguards before any merits-based rulings or evictions can proceed against unrepresented respondents.
  • Required written and verbal notice of right to counsel at the outset of proceedings.

Potential implications (high-level)

  • Increased access to legal representation for tenants facing eviction.
  • Potential shorter-term delays in eviction proceedings due to mandatory adjournments, balanced by stronger due process protections.
  • Greater reliance on legal aid organizations and pro bono services to meet demand.
  • Courts must adjust workflow to ensure compliance with the right-to-counsel requirements before issuing judgments or eviction warrants.

If you would like, I can compare this bill to existing NY housing-court procedures or provide a brief impact assessment for tenants, landlords, and legal service providers.

Compiled from official sources — confirm details with the bill’s official record.

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