County of Albany - File #: 21-LL-L

• File #: 21-LL-L
• Version: 1
• Type: Local Law
• Status: Tabled
• File created: 9/3/2021
• In control: Audit and Finance Committee
• Final action: 1/31/2023
• Title: 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
• Sponsors: Samuel I. Fein, Beroro T. Efekoro, Lynne Lekakis

Date	Ver.	Action By	Action	Result
1/31/2023	1	Law Committee
1/26/2023	1	Audit and Finance Committee
11/17/2022	1	Audit and Finance Committee
11/16/2022	1	Law Committee
10/27/2022	1	Audit and Finance Committee
10/26/2022	1	Law Committee
9/29/2022	1	Audit and Finance Committee
9/28/2022	1	Law Committee
8/25/2022	1	Audit and Finance Committee
8/24/2022	1	Law Committee
7/28/2022	1	Audit and Finance Committee
7/27/2022	1	Law Committee
6/30/2022	1	Audit and Finance Committee
6/29/2022	1	Law Committee
5/26/2022	1	Audit and Finance Committee
5/25/2022	1	Law Committee
4/28/2022	1	Audit and Finance Committee
4/27/2022	1	Law Committee
3/31/2022	1	Audit and Finance Committee
3/30/2022	1	Law Committee
3/3/2022	1	Audit and Finance Committee
3/2/2022	1	Law Committee
1/27/2022	1	Audit and Finance Committee
11/18/2021	1	Audit and Finance Committee
11/17/2021	1	Law Committee
10/28/2021	1	Audit and Finance Committee
10/27/2021	1	Law Committee
9/30/2021	1	Audit and Finance Committee
9/29/2021	1	Law Committee
9/13/2021	1	County Legislature
9/13/2021	1	County Legislature

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 op...