New York Assembly Bill A10702

New York 2025-2026 Regular Session

• Introduced: 3/20/26
• Refer: 3/20/26

Caption

Enacts the "New York state right to counsel act"

Summary

A10702 would enact the “New York state right to counsel act” and create a statewide fundamental right to legal counsel for respondents in housing court eviction proceedings. The bill defines key terms such as housing court, summary proceeding, respondent, unrepresented, residential real property, and right to counsel, and applies the new protections to eviction cases involving residential tenants or occupants. The bill requires housing courts to adjourn eviction proceedings when a respondent appears without counsel. On a first unrepresented appearance, the court must grant at least a one-month adjournment without requiring good cause. On later appearances, if the respondent can show efforts to obtain free legal aid or pro bono representation and was turned away, the court must grant at least a 14-day adjournment. Courts must also notify respondents verbally and in writing of the right to counsel and provide legal aid or pro bono resources, and any attempted waiver of counsel is invalid unless the respondent has first consulted with an attorney.

Impact

The bill would amend the Real Property Actions and Proceedings Law and the Judiciary Law to bar housing courts from moving forward on the merits, or issuing warrants of eviction, final possession judgments, or default judgments, against unrepresented respondents unless the right-to-counsel requirements have been satisfied. It would effectively create a procedural safeguard in residential eviction cases statewide, delaying proceedings until counsel is secured or validly waived after consultation, and would impose duties on judges to ensure notice and access to legal resources. The act would take effect one year after becoming law.

Sentiment

Based on the bill text and the absence of recorded votes or committee testimony, the available record suggests the measure is framed positively as a tenant-protection and access-to-justice bill. Its sponsor’s stated purpose is to ensure that all respondents in housing court eviction cases receive a fundamental right to counsel and protection from eviction until legal counsel is secured. No formal opposition or support is documented in the provided materials, but the structure of the bill indicates a strong policy preference for expanding legal representation for tenants facing eviction.

Contention

The main points of contention likely concern the bill’s practical and fiscal effects on housing courts, landlords, and legal aid systems. Supporters would emphasize fairness, due process, and preventing wrongful evictions, while critics may argue that mandatory adjournments could slow eviction cases, increase court backlog, and impose costs on the state or local legal services providers. Another likely issue is whether the bill creates an enforceable “fundamental right” to counsel in civil eviction matters and how broadly courts would interpret the required protections and waiver rules.