S 9718: 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; defines eligible person as 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 9718  IN SENATE April 2, 2026 ___________ Introduced by Sen. CLEARE -- 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: 1 Section 1. The county law is amended by adding a new article 18-C to 2 read as follows: 3 ARTICLE 18-C 4 REPRESENTATION OF PERSONS IN EVICTION, EJECTMENT AND FORECLOSURE 5 PROCEEDINGS 6 Section 723. Definitions. 7 723-a. Plan for representation. 8 723-b. Compensation and reimbursement for representation. 9 723-c. Services other than counsel. 10 723-d. Duration of assignment. 11 723-e. Expenses. 12 723-f. Annual reports. 13 § 723. Definitions. For purposes of this article the following terms 14 shall have the following meanings: 15 1. "Covered proceeding" means any action or special proceeding to 16 evict an eligible individual, including those seeking possession for the 17 non-payment of rent or holdover, or proceedings for ejectment or fore- 18 closure. 19 2. "Eligible person" means an occupant of a rental dwelling unit, an 20 owner of shares of a cooperative corporation who occupies the dwelling 21 unit to which such shares are allocated, the owner and occupant of a 22 dwelling unit owned as a condominium or the owner and occupant of a one- 23 or two-family dwelling who is a defendant or respondent in a covered 24 proceeding and whose gross individual income is not in excess of one 25 hundred twenty-five percent of the federal income official poverty line. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01257-01-5 
 S. 9718 2 1 3. "Counsel" means a lawyer or lawyers licensed to practice law in New 2 York state. 3 § 723-a. Plan for representation. The governing body of each county 4 and the governing body of the city in which a county is wholly contained 5 shall place in operation throughout the county a plan for providing 6 legal counsel to eligible persons who are defendants or respondents in a 7 covered proceeding and who are financially unable to obtain counsel. 8 Each plan shall also provide for investigative, expert and other 9 services necessary, where appropriate. The plan shall conform to one of 10 the following: 11 1. Representation by a public defender appointed pursuant to subdivi- 12 sion three of section seven hundred seventeen of this chapter. 13 2. (a) Representation by counsel furnished pursuant to either or both 14 of the following: a plan of a bar association in each county or the city 15 in which a county is wholly contained whereby: (i) the services of 16 private counsel are rotated and coordinated by an administrator, and 17 such administrator may be compensated for such service; or (ii) such 18 representation is provided by an office of conflict defender. 19 (b) Any plan of a bar association must receive the approval of the 20 state administrator before the plan is placed in operation. When consid- 21 ering approval of an office of conflict defender pursuant to this 22 section, the state administrator shall employ the guidelines established 23 by the office of indigent legal services pursuant to paragraph (d) of 24 subdivision three of section eight hundred thirty-two of the executive 25 law. 26 (c) Any county operating an office of conflict defender, as described 27 in subparagraph (ii) of paragraph (a) of this subdivision, as of March 28 thirty-first, two thousand ten may continue to utilize the services 29 provided by such office provided that the county submits a plan to the 30 state administrator within one hundred eighty days after the promulga- 31 tion of criteria for the provision of conflict defender services by the 32 office of indigent legal services. The authority to operate such an 33 office pursuant to this paragraph shall expire when the state adminis- 34 trator approves or disapproves such plan. Upon approval, the county is 35 authorized to operate such office in accordance with paragraphs (a) and 36 (b) of this subdivision. 37 3. When a county or city in which a county is wholly contained has not 38 placed in operation any plan conforming to that prescribed in this 39 section, a judge, justice or magistrate may assign any attorney in such 40 county or city and, in such event, such attorney shall receive compen- 41 sation and reimbursement from such county or city which shall be at the 42 same rate as is prescribed in section seven hundred twenty-three-b of 43 this article. 44 4. Representation according to a plan containing a combination of any 45 of the foregoing. 46 § 723-b. Compensation and reimbursement for representation. 1. All 47 counsel assigned in accordance with a plan of a bar association conform- 48 ing to the requirements of section seven hundred twenty-three-a of this 49 article whereby the services of private counsel are rotated and coordi- 50 nated by an administrator shall at the conclusion of the representation 51 receive: 52 (a) for representation of a person entitled to representation pursuant 53 to this article for an eviction or ejectment proceeding, compensation at 54 a rate of sixty dollars per hour for time expended in court or before a 55 magistrate, judge or justice, and sixty dollars per hour for time 
 S. 9718 3 1 reasonably expended out of court, and shall receive reimbursement for 2 expenses reasonably incurred; and 3 (b) for representation of a person entitled to representation pursuant 4 to this article for a foreclosure proceeding, compensation at a rate of 5 seventy-five dollars per hour for time expended in court before a magis- 6 trate, judge or justice and seventy-five dollars per hour for time 7 reasonably expended out of court, and shall receive reimbursement for 8 expenses reasonably incurred. 9 2. Except as otherwise provided in this section, compensation for time 10 expended in providing representation: 11 (a) pursuant to paragraph (a) of subdivision one of this section shall 12 not exceed an amount established by the state administrator; and 13 (b) pursuant to paragraph (b) of subdivision one of this section shall 14 not exceed four thousand four hundred dollars. 15 3. For representation on an appeal, compensation and reimbursement 16 shall be fixed by the appellate court. For all other representation, 17 compensation and reimbursement shall be fixed by the trial court judge. 18 In extraordinary circumstances a trial or appellate court may provide 19 for compensation in excess of the foregoing limits and for payment of 20 compensation and reimbursement for expenses before the completion of the 21 representation. 22 4. Each claim for compensation and reimbursement shall be supported by 23 a sworn statement specifying the time expended, services rendered, 24 expenses incurred and reimbursement or compensation applied for or 25 received in the same case from any other source. No counsel assigned 26 hereunder shall seek or accept any fee for representing the party for 27 whom such counsel is assigned without approval of the court as provided. 28 § 723-c. Services other than counsel. 1. Upon a finding in an ex parte 29 proceeding that investigative, expert or other services are necessary 30 and that the eligible individual, is financially unable to obtain them, 31 the court shall authorize counsel, whether or not assigned in accordance 32 with a plan, to obtain the services on behalf of the defendant or 33 respondent. The court upon a finding that timely procurement of neces- 34 sary services could not await prior authorization may authorize the 35 services nunc pro tunc. The court shall determine reasonable compen- 36 sation for the services and direct payment to the person who rendered 37 them or to the person entitled to reimbursement. Only in extraordinary 38 circumstances may the court provide for compensation in excess of one 39 thousand dollars per investigative, expert or other service provider. 40 2. Each claim for compensation shall be supported by a sworn statement 41 specifying the time expended, services rendered, expenses incurred and 42 reimbursement or compensation applied for or received in the same case 43 from any other source. 44 § 723-d. Duration of assignment. Whenever it appears that the defend- 45 ant or respondent is financially able to obtain counsel or to make 46 partial payment for the representation or other services, counsel may 47 report this fact to the court and the court may terminate the assignment 48 of counsel or authorize payment, as the interests of justice may 49 dictate, to the public defender, private legal aid bureau or society, 50 private attorney, or otherwise. 51 § 723-e. Expenses. All expenses for providing counsel and services 52 under this article appropriated by a county or a city in which a county 53 is wholly contained shall be matched dollar for dollar by the state. 54 § 723-f. Annual reports. 1. A public defender appointed pursuant to 55 article eighteen-A of this chapter, a private legal aid bureau or socie- 56 ty designated by a county or city pursuant to subdivision two of section 
 S. 9718 4 1 seven hundred twenty-three-a of this article, and an administrator of a 2 plan of a bar association appointed pursuant to subdivision two of 3 section seven hundred twenty-three-a of this article shall file an annu- 4 al report with the judicial conference at such times and in such detail 5 and form as the judicial conference may direct. 6 2. (a) The county executive or chief executive officer of each county 7 or, in the case of a county wholly contained within a city, such city 8 shall file an annual report which specifies in detail and certifies to 9 the state comptroller the total expenditures of such county or city, 10 identifying "local funds", as defined in subdivision two of section 11 ninety-eight-b of the state finance law, state funds, federal funds and 12 funds received from a "private source" as described in subdivision two 13 of section ninety-eight-b of the state finance law, for providing legal 14 representation to persons who were financially unable to afford counsel, 15 pursuant to this article. Such annual report shall be made on a form 16 developed for such purpose by the state comptroller. 17 (b) Such annual report, detailing expenditures for the period January 18 first through December thirty-first of the previous calendar year, shall 19 be filed on or before the first day of March of each year, provided, 20 however, that the first report required by this subdivision shall 21 contain the required information, separately stated, for the two preced- 22 ing calendar years. 23 § 2. Section 717 of the county law is amended by adding a new subdivi- 24 sion 3 to read as follows: 25 3. The public defender shall also represent, without charge, in a 26 proceeding in court in the county or counties where such public defender 27 serves, any person entitled to counsel pursuant to article eighteen-C of 28 this chapter, who is financially unable to obtain counsel. When repres- 29 enting such person, the public defender shall counsel and represent such 30 person at every stage of the proceedings, shall initiate such 31 proceedings as in the judgment of the public defender are necessary to 32 protect the rights of such person, and may prosecute any appeal when, in 33 such public defender's judgment the facts and circumstances warrant such 34 appeal. 35 § 3. Severability. If any clause, sentence, paragraph, section or part 36 of this act shall be adjudged by any court of competent jurisdiction to 37 be invalid and after exhaustion of all further judicial review, the 38 judgment shall not affect, impair or invalidate the remainder thereof, 39 but shall be confined in its operation to the clause, sentence, para- 40 graph, section or part of this act directly involved in the controversy 41 in which the judgment shall have been rendered. 42 § 4. This act shall take effect on the one hundred eightieth day after 43 it shall have become a law. Effective immediately, the addition, amend- 44 ment and/or repeal of any rule or regulation necessary for the implemen- 45 tation of this act on its effective date are authorized to be made and 46 completed on or before such effective date.