WeVote
Log In

Bill

Bill

S 9936

Relates to adjournments for right to counsel

2025 Regular Session Introduced by Liz Krueger

The bill requires courts to grant at least 30-day adjournments for tenants eligible for free counsel, plus additional 30-day delays as needed to obtain and consult counsel.

REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT
0
WeVote Research Nonpartisan
Bill Summary · S 9936

Bill Summary: S. 9936 (2025-2026) — Relates to Adjournments for Right to Counsel

Jurisdiction: New York

Purpose and Intent

  • The bill amends the Real Property Actions and Proceedings Law (RPAPL) to strengthen the right to counsel in housing-related eviction proceedings.
  • It requires courts to provide longer adjournment periods when a party is eligible for free legal counsel under local law, ensuring adequate time to retain and consult counsel.

Key Provisions

Section 1: Adjournments when right to counsel is involved

  • Current framework: For triable issues of fact, trials are typically adjourned upon request (minimum 14 days; second+ adjournments discretionary by the court).
  • New requirement (subdivision 1(a) modification):
    • If a party is eligible for free legal counsel under local law, the court must:
    • Notify the party orally of free counsel options.
    • Grant an adjournment of at least 30 days to allow retention and consultation with counsel.
    • Provide additional adjournments of at least 30 days each as necessary for continued counsel retention and consultation.
  • This provision elevates the importance of counsel access by standardizing longer interim periods specifically tied to the right to counsel.

Section 1: Clarification on second/subsequent adjournments

  • The court retains sole discretion to grant second or subsequent adjournments in all other cases (i.e., not specifically tied to free counsel rights), consistent with existing law.

Section 2: Summary proceedings on the second of two adjournments

  • In a summary proceeding, on the second of two adjournments (or on the 60th day after first appearance, accounting for petitioner-requested adjournments), the court may, upon motion:
    • Direct the respondent (unrepresented by counsel while seeking counsel) to deposit with the court rent or use and occupancy that would accrue after the court’s order.
  • Conditions and defenses limiting orders to deposit:
    • The court may not order deposits if the respondent can show certain defenses or grounds, including:
    • Un rightful party status of the petitioner.
    • Actual/partial/constructive eviction with the tenant having quit the premises.
    • Defense under the Social Services Law (section 143-b).
    • Existence of hazardous or immediately hazardous violations of housing codes.
    • Rent overcharge defense (colorable).
    • Building violations of the CO (certificate of occupancy) or illegality under the MDL (Multiple Dwelling Law) or NYC Housing Maintenance Code.
    • Lack of personal jurisdiction over the respondent.
  • Financial deposits to be handled as the court directs (clerk, petitioner, or DHCR agent), and may be used for emergency repairs as approved by the court.
  • Two adjournments cannot include an adjournment sought by a respondent without counsel specifically to secure counsel.

Section 3: Effective date

  • Effective immediately upon enactment.
  • Applies to actions and proceedings pending on or after the effective date.

Who/What is Affected

  • Tenants/respondents in housing-related eviction or summary proceedings under RPAPL.
  • Courts handling housing/eviction cases in New York, particularly where a party is eligible for free legal counsel under local law.
  • Parties seeking or needing to deposit rent or use and occupancy payments as part of court-ordered relief (subject to defenses listed).

Procedural/Timelines

  • Mandatory minimum 30-day adjournments to secure counsel for eligible parties.
  • Subsequent 30-day adjournments as needed for continued counsel retention and consultation.
  • In summary proceedings, potential monetary deposits (rent/use and occupancy) may be ordered on certain adjournment milestones, with several statutory defenses preventing such deposits.
  • Immediate effective date; applies to cases pending on or after today.

Observations

  • The bill emphasizes access to counsel as a central element of eviction adjudication, potentially delaying proceedings to ensure tenants can obtain legal representation.
  • It preserves court discretion in other adjournment scenarios while detailing protections and defenses against forced deposits in certain circumstances.

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

Sign in to ask a question.