Multiple eviction RTC bills introduced

01/03/2024 , New York , Legislation , Housing - Evictions

The last day of New York’s legislative session was June 8, 2024.  During the 2023-2024 session, the state legislature introduced several eviction right to counsel-related bills:

First, AB 4993 / SB 3254, would have amended the real property actions and proceedings law to require courts in tenant right to counsel jurisdictions to (a) verbally notify a tenant that they may be eligible for free attorney; and (b) adjourn the case for at least 30 days to allow the party to retain and consult with counsel if they desire representation.  AB 4993 died in the Assembly Judiciary Committee, and SB 3254 died in the Senate Housing, Construction and Community Development Committee.  Right to Counsel NYC backed the legislation and continues to call for courts to slow down eviction cases.

Next, AB 8806, would have provided a right to counsel to tenants at or below 80% of the Area Median Income (AMI) in “covered proceedings,” defined as “any proceeding to evict an individual or otherwise terminate a tenancy, any other proceeding that is likely to result in an individual losing such individual’s housing accommodation, as determined by the office, or a proceeding brought by an eligible individual to enforce the warranty of habitability or in response to the unlawful actions of a landlord, as well as any appeals from such proceedings.”  AB 8806 was substituted by SB 8306.  Although SB 8306 was enacted, the right to counsel provisions were removed through amendment.

Similarly, AB 1493 / SB 2721, were tenant right to counsel bills.  AB 1493 died in the Assembly Judiciary Committee, while SB 2721 died in the Senate Housing, Construction and Community Development Committee.

Finally, AB 3823 would have provided for the discretionary appointment of counsel for senior citizens who were parties to an eviction action.  The bill died in the Assembly Housing Committee.

Last action (on 01/03/2024): referred to judiciary