Assembly Bill A5457

2015-2016 Legislative Session

Relates to the provision of legal representation to certain persons in eviction, ejectment and foreclosure proceedings

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A5457 (ACTIVE) - Details

See Senate Version of this Bill:
S2061
Current Committee:
Assembly Judiciary
Law Section:
County Law
Laws Affected:
Add Art 18-C §§723 - 723-f, amd §717, County L
Versions Introduced in Other Legislative Sessions:
2017-2018: A1063, S792
2019-2020: A288, S3418
2021-2022: A167, S1727
2023-2024: A78, S3299

2015-A5457 (ACTIVE) - Summary

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; eligible person is 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.

2015-A5457 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5457

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Judiciary

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:

  Section  1.  The county law is amended by adding a new article 18-C to
read as follows:

                              ARTICLE 18-C
    REPRESENTATION OF PERSONS IN EVICTION, EJECTMENT AND FORECLOSURE
                               PROCEEDINGS
SECTION 723. DEFINITIONS.
        723-A. PLAN FOR REPRESENTATION.
        723-B. COMPENSATION AND REIMBURSEMENT FOR REPRESENTATION.
        723-C. SERVICES OTHER THAN COUNSEL.
        723-D. DURATION OF ASSIGNMENT.
        723-E. EXPENSES.
        723-F. ANNUAL REPORTS.
  S 723. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "COVERED  PROCEEDING"  MEANS  ANY  ACTION OR SPECIAL PROCEEDING TO
EVICT AN ELIGIBLE INDIVIDUAL, INCLUDING THOSE SEEKING POSSESSION FOR THE
NON-PAYMENT OF RENT OR HOLDOVER, OR PROCEEDINGS FOR EJECTMENT  OR  FORE-
CLOSURE.
  2.  "ELIGIBLE  PERSON" MEANS AN OCCUPANT OF A RENTAL DWELLING UNIT, AN
OWNER OF SHARES OF A COOPERATIVE CORPORATION WHO OCCUPIES  THE  DWELLING
UNIT  TO  WHICH  SUCH  SHARES ARE ALLOCATED, THE OWNER AND OCCUPANT OF A
DWELLING UNIT OWNED AS A CONDOMINIUM OR THE OWNER AND OCCUPANT OF A ONE-
OR TWO-FAMILY DWELLING WHO IS A DEFENDANT OR  RESPONDENT  IN  A  COVERED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07147-05-5
              

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