Senate Bill S3418

2019-2020 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government 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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2019-S3418 (ACTIVE) - Details

See Assembly Version of this Bill:
A288
Current Committee:
Senate Local Government
Law Section:
County Law
Laws Affected:
Add Art 18-C §§723 - 723-f, amd §717, County L
Versions Introduced in Other Legislative Sessions:
2015-2016: S2061, A5457
2017-2018: S792, A1063
2021-2022: S1727, A167
2023-2024: S3299, A78

2019-S3418 (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.

2019-S3418 (ACTIVE) - Sponsor Memo

2019-S3418 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3418
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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:
 
   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.
   § 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.
              

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