NYC - RIGHT TO COUNSEL IN HOUSING COURT

Last summer, NYC signed into law an amendment to Title 26, Chapter 13 of the Administrative Code which provides, in pertinent part:

"§ 26-1302 Provision of legal services.

   a.   Subject to appropriation, the coordinator shall establish a program to provide access to legal services for covered individuals in covered proceedings in housing court and shall ensure that, no later than July 31, 2022:

      1.   all covered individuals receive access to brief legal assistance no later than their first scheduled appearance in a covered proceeding in housing court, or as soon thereafter as is practicable; and

      2.   all income-eligible individuals receive access to full legal representation no later than their first scheduled appearance in a covered proceeding in housing court, or as soon thereafter as is practicable.

   b.   Subject to appropriation, no later than October 1, 2017, the coordinator shall establish a program to provide access to legal services in administrative proceedings of the New York city housing authority for tenants of buildings operated by the New York City housing authority who have been served with charges in such administrative proceedings for termination of tenancy and shall ensure that, no later than July 31, 2022, all such tenants receive access to such legal services.

   c.   The coordinator shall estimate annually the expenditures required for each year of implementation of the programs described by subdivisions a and b of this section. Beginning October 1, 2022 and no later than each October 1 thereafter, the coordinator shall publish a summary of any changes to such estimates for expenditures.

   d.   The coordinator shall annually review the performance of designated organizations.

   e.   The coordinator shall require each designated organization to identify the geographic areas for which such organization will provide legal services. For each such geographic area, the coordinator shall maintain a list of such organizations that provide such legal services.

   f.   Any legal services performed by a designated organization pursuant to this chapter shall not supplant, replace, or satisfy any obligations or responsibilities of such designated organization pursuant to any other program, agreement, or contract.

   g.   Nothing in this chapter or the administration or application thereof shall be construed to create a private right of action on the part of any person or entity against the city or any agency, official, or employee thereof.

(L.L. 2017/136, 8/11/2017)"

Basically, the new rule provides that at the end of 5 years, all income eligible tenants will be ensured an attorney when fighting their eviction in housing court.  Tenants who are over income, have the right to a consultation with an attorney.  It also provides for NYCHA tenants whose cases happen in administrative hearings, to have representation as well.