LOCAL LAW NO. “L” FOR 2021
A LOCAL LAW OF THE COUNTY OF ALBANY, NEW YORK, ENSURING UNIVERSAL ACCESS TO COUNSEL DURING EVICTION PROCEEDINGS IN HOUSING COURTS IN ALBANY COUNTY
Introduced: 9/13/21
By Messrs. Fein, Efekoro and Ms. Lekakis:
BE IT ENACTED by the County Legislature of the County of Albany as follows:
SECTION 1. TITLE
This local law shall be known as the “Albany County Right to Counsel Act”
SECTION 2. LEGISLATIVE INTENT
While those facing criminal prosecution have a legal right to an attorney, as determined in the Supreme Court case Gideon v. Wainwright, those facing eviction are not guaranteed representation. Right to counsel legislation would address a significant imbalance in representation in housing court. In 2018, in landlord tenant cases in Albany City Court, only 2.4% of defendants had counsel while 85.7% of plaintiffs had counsel.
Rent is a significant burden for many individuals in Albany County. The COVID pandemic has exacerbated already deep problems of housing insecurity and has highlighted the struggles many families face. In the City of Albany, 49% of families of color are rent-burdened and 35% of white families are rent burdened (meaning they spent more than 30% of their income on rent).
Right to counsel would strengthen protections for individuals facing eviction, ensuring that they are adequately represented in court. When someone is at risk of losing their housing, they deserve the full hearing in court which only a lawyer is capable of advocating for.
SECTION 3. DEFINITIONS
(a) Brief legal assistance. The term “brief legal assistance” means individualized legal assistance provided in a single consultation by a designated organization to a covered individual in connection with a covered proceeding.
(b) Coordinator. The term “coordinator” means the County Attorney.
(c) Covered individual. The term “covered individual” means a tenant of a rental dwelling unit located in Albany County, including any tenant in a building operated by any housing authority located in Albany County, who is a respondent in a covered proceeding.
(d) Covered proceeding. The term “covered proceeding” means any summary proceeding in housing court to evict a covered individual, including a summary proceeding to seek possession for the non-payment of rent or a holdover, or an administrative proceeding of any housing authority located in the Albany County for termination of tenancy.
(e) Designated organization. The term “designated organization” means a not-for-profit organization or association that has the capacity to provide legal services and is designated by the coordinator pursuant to this chapter.
(f) Full legal representation. The term “full legal representation” means ongoing legal representation provided by a designated organization to an income-eligible individual and all legal advice, advocacy, and assistance associated with such representation. Full legal representation includes, but is not limited to, the filing of a notice of appearance on behalf of the income-eligible individual in a covered proceeding.
(g) Housing court. The term “housing court” means the housing part of any city, town, or village court located in Albany County.
(h) Income-eligible individual. The term “income-eligible individual” means a covered individual whose annual gross household income is not in excess of 200 percent of the federal poverty guidelines as updated periodically in the federal register by the United States department of health and human services pursuant to subsection (2) of section 9902 of title 42 of the United States code.
(i) Legal services. The term “legal services” means brief legal assistance or full legal representation.
SECTION 4. 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 and shall ensure that, no later than January 1, 2022:
a. all covered individuals receive access to brief legal assistance no later than their first scheduled appearance in a covered proceeding, or as soon thereafter as is practicable; and
b. all income-eligible individuals receive access to full legal representation no later than their first scheduled appearance in a covered proceeding, or as soon thereafter as is practicable.
(b) The coordinator shall estimate annually the expenditures required for each year of implementation of the programs described by 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.
(c) The coordinator shall annually review the performance of designated organizations.
(d) 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.
(e) 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.
(f) 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.
SECTION 5. NOTICE AND OUTREACH
(a) The Sheriff’s Office shall provide notice of a covered individual’s right to counsel in all eviction notices.
(b) The coordinator shall set up a hotline to connect covered individuals with legal services and answer questions.
SECTION 6. PUBLIC HEARING
(a) Following the establishment of the programs described by Section 4, the coordinator shall hold one public hearing each year to receive recommendations and feedback about such programs.
(b) Such hearing shall be open to the public, and the coordinator shall provide notice of such hearing, no less than 30 days before such hearing, by:
a. posting in the housing court in English, Spanish, and any other languages determined by the coordinator;
b. posting in public offices of the Department of Social Services in English, Spanish, and any other languages determined by the coordinator; and
c. outreach through local media and to each designated organization, local elected officials, the supervising judges of housing courts, and community-based organizations.
(c) At such hearing, written and oral testimony may be provided.
(d) The coordinator shall cause a transcript of such hearing to be produced and shall post such transcript online no later than 45 days after the meeting.
SECTION 7. REPORTING
No later than January 1, 2022 and annually by each January 1 thereafter, the coordinator shall submit to the county executive and the chairperson of the county legislature, and post online, a review of the program established pursuant to subdivision a of Section 4 and information regarding its implementation, to the extent such information is available, including, but not limited to:
(a) the estimated number of covered individuals;
(b) the number of individuals receiving legal services, disaggregated by the following characteristics of such individuals:
a. city, town, or village and postal code of residence;
b. age of head of household;
c. household size;
d. estimated length of tenancy;
e. approximate household income;
f. receipt of ongoing public assistance at the time such legal services were initiated;
g. tenancy in housing operated by any housing authority located in Albany County;
(c) outcomes immediately following the provision of full legal representation, as applicable and available, including, but not limited to, the number of:
a. case dispositions allowing individuals to remain in their residence;
b. case dispositions requiring individuals to be displaced from their residence; and
c. instances where the attorney was discharged or withdrew.
(d) non-payment and holdover petitions filed in housing court, warrants of eviction issued in housing court, and residential evictions conducted by county sheriff deputies, disaggregated by city or town.
SECTION 8. RULES
The coordinator may promulgate such rules as may be necessary to carry out the purposes of this local law.
SECTION 9. SEVERABILITY.
If any section, subsection, sentence, clause, phrase or other portion of this law is, for any reason, declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.
SECTION 10. EFFECTIVE DATE
This local law shall take effect upon filing with the Secretary of State.
Referred to Law and Audit and Finance Committees - 9/13/21