Bill

Bill > A01576


NY A01576

NY A01576
Provides that in any jurisdiction in which a party is eligible under local law for free legal counsel, if such party has in good faith attempted to secure such counsel and is unable to obtain counsel through no fault of their own, the court shall adjourn the trial of the issue for consecutive periods of not less than fourteen days each until the party is able to secure counsel.


summary

Introduced
01/10/2025
In Committee
01/10/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the real property actions and proceedings law, in relation to adjournments relating to right to counsel

AI Summary

This bill amends the Real Property Actions and Proceedings Law to provide additional protections for individuals in legal proceedings involving property, specifically focusing on ensuring access to legal counsel. The bill requires courts to notify parties who may be eligible for free legal counsel about this option and mandates court adjournments to help such parties secure representation. If a party has genuinely attempted to obtain free legal counsel but cannot do so through no fault of their own, the court must adjourn the trial for consecutive periods of at least fourteen days. For jurisdictions where free legal counsel is available, the court must first inform the party of this option and then provide at least a 30-day adjournment for the party to retain and consult counsel, with the ability to grant further 30-day adjournments as necessary. The bill also clarifies that adjournments requested by an unrepresented party seeking legal counsel will not count against the standard limitation on adjournments in summary proceedings. These provisions aim to ensure fair legal proceedings by giving parties a meaningful opportunity to obtain legal representation, particularly in cases involving potential eviction or property disputes.

Committee Categories

Justice

Sponsors (18)

Last Action

referred to judiciary (on 01/10/2025)

bill text


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