What's happening
This bill authorizes and regulates the use of certified non-lawyer housing and consumer court advocates to assist low-income New Yorkers in certain court proceedings under attorney supervision.
Why it matters
Expands access to legal help for low-income New Yorkers. by allowing specially trained, certified non-lawyers (housing and consumer court advocates) to provide direct, supervised assistance in certain housing and consumer debt cases—addressing the shortage of affordable legal representation for vulnerable populations.
Creates a structured, accountable system. for non-lawyer advocates, requiring certification, minimum education, training, and oversight by attorneys employed by approved nonprofits, helping ensure the quality and ethical standards of assistance provided.
Limits the scope of non-lawyer advocacy. to specific types of cases and proceedings (e.g., summary eviction, certain consumer credit actions) in designated courts, balancing increased access to help with safeguards against unauthorized broader legal practice.
Requires systematic evaluation and oversight. through an advisory board and a mandated report to state leaders after four years, enabling data-driven decisions on the program’s effectiveness and the potential for expansion or adjustment.
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Free Court Help for Poor
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History
- Referred to judiciary
- Referred to judiciary
Full text
4 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6537
2017-2018 Regular Sessions
IN SENATE
June 1, 2017
Introduced by Sen. JACOBS -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to employment of housing court advocates and consumer court advocates to assist indigent persons in certain court proceedings
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 212 of the judiciary law is amended by adding a new paragraph (w) to read as follows:
(w) Establish and regulate programs in the use of housing court advocates and consumer court advocates in accordance with article seventeen of this chapter.
§ 2. Section 478 of the judiciary law, as amended by chapter 22 of the laws of 2013, is amended to read as follows:
§ 478. Practicing or appearing as attorney-at-law without being admitted and registered. It shall be unlawful for any natural person to practice or appear as an attorney-at-law or as an attorney and counselor-atlaw for a person other than himself or herself in a court of record in this state, or to furnish attorneys or counsel or an attorney and counsel to render legal services, or to hold himself or herself out to the public as being entitled to practice law as aforesaid, or in any other manner, or to assume to be an attorney or counselor-at-law, or to assume, use, or advertise the title of lawyer, or attorney and counselor-at-law, or attorney-at-law or counselor-at-law, or attorney, or counselor, or attorney and counselor, or equivalent terms in any language, in such manner as to convey the impression that he or she is a legal practitioner of law or in any manner to advertise that he or she either alone or together with any other persons or person has, owns, conducts or maintains a law office or law and collection office, or office of any kind for the practice of law, without having first been
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08832-02-7
S. 6537 2
duly and regularly licensed and admitted to practice law in the courts of record of this state, and without having taken the constitutional oath. Provided, however, that nothing in this section shall be held to apply (1) to officers of societies for the prevention of cruelty to animals, duly appointed, when exercising the special powers conferred upon such corporations under section fourteen hundred three of the notfor-profit corporation law; or (2) to law students who have completed at least two semesters of law school or persons who have graduated from a law school, who have taken the examination for admittance to practice law in the courts of record in the state immediately available after graduation from law school, or the examination immediately available after being notified by the board of law examiners that they failed to pass said exam, and who have not been notified by the board of law examiners that they have failed to pass two such examinations, acting under the supervision of a legal aid organization when such students and persons are acting under a program approved by the appellate division of the supreme court of the department in which the principal office of such organization is located and specifying the extent to which such students and persons may engage in activities otherwise prohibited by this statute; or (3) to law students who have completed at least two semesters of law school, or to persons who have graduated from a law school approved pursuant to the rules of the court of appeals for the admission of attorneys and counselors-at-law and who have taken the examination for admission to practice as an attorney and counselor-atlaw immediately available after graduation from law school or the examination immediately available after being notified by the board of law examiners that they failed to pass said exam, and who have not been notified by the board of law examiners that they have failed to pass two such examinations, when such students or persons are acting under the supervision of the state or a subdivision thereof or of any officer or agency of the state or a subdivision thereof, pursuant to a program approved by the appellate division of the supreme court of the department within which such activities are taking place and specifying the extent to which they may engage in activities otherwise prohibited by this statute and those powers of the supervising governmental entity or officer in connection with which they may engage in such activities; or (4) an attorney and counselor-at-law or the equivalent who is admitted to the bar in another state, territory, district or foreign country and who has been admitted to practice pro hac vice in the state of New York within the limitations prescribed in the rules of the court of appeals; or (5) an attorney licensed as a legal consultant under rules adopted by the court of appeals pursuant to subdivision six of section fifty-three of this chapter and rendering legal services in the state within limitations prescribed in such rules; or (6) to a person who has been certified as a housing court advocate or a consumer court advocate by the chief administrator of the courts pursuant to article seventeen of this chapter when such person provides services in accordance with the provisions of such article.
§ 3. The judiciary law is amended by adding a new article 17 to read as follows:
ARTICLE 17
HOUSING COURT ADVOCATES AND CONSUMER
COURT ADVOCATES Section 600. Program in the use of housing court advocates and consumer
court advocates.
S. 6537 3
601. Certification of housing court advocates and consumer court
advocates.
602. Advisory board.
603. Assignments.
604. Chief administrator to make rules.
§ 600. Program in the use of housing court advocates and consumer court advocates. In accordance with this article, the judiciary shall implement and oversee a program for the free provision of certain services to unrepresented persons living at or below two hundred percent of the federal poverty level who must appear in the proceedings specified in this article in the civil court of the city of New York and in the Buffalo city court, and in the housing parts of such courts ("program"). Under this program, these services shall be provided by specially trained non-lawyers (certified as housing court advocates or consumer court advocates as provided herein) under the supervision of attorneys-at-law admitted to the practice of law in this state in the employ of not-for-profit service providers, including but not limited to legal services provider organizations, approved by the chief administrator of the courts.
§ 601. Certification of housing court advocates and consumer court advocates. Any person may, upon his or her application, be certified by the chief administrator of the courts as a housing court advocate or a consumer court advocate provided he or she shall have satisfied such minimum educational and other qualifications, and received such training, as the chief administrator shall prescribe.
§ 602. Advisory board. 1. The chief administrator of the courts shall establish an advisory board to assist the chief administrator in discharge of his or her responsibilities under this article.
2. The advisory board shall consist of not more than fourteen members, each member to be appointed by the chief administrator for an initial term of two years. After serving an initial term, each member may be re-appointed to further terms of three years each. The chief administrator shall choose two of the members of the advisory board to serve as co-chairs thereof at his or her pleasure provided one shall be chosen upon the recommendation of a bar association and the other shall be chosen upon the recommendation of an appropriate law school, college or educational institution.
§ 603. Assignments. 1. A not-for-profit service provider, including but not limited to a legal services provider organization, may, upon its application and the submission of a plan for use of housing court advocates and/or consumer court advocates in accordance with this article, be approved by the chief administrator of the courts to participate in the program.
2. Pursuant to the plan of a not-for-profit service provider approved under subdivision one of this section and under the supervision of an attorney-at-law admitted to the practice of law in this state and in the employ of such provider, each person certified as a housing court advocate or a consumer court advocate in accordance with section six hundred one of this article may provide the following services for unrepresented persons specified in section six hundred of this article:
(a) advice, counsel or other assistance in the preparation of pleadings;
(b) advice, counsel or other assistance in the preparation of an order to show cause to vacate a default judgment, prevent an eviction or restore an action or proceeding to the calendar to amend or enforce
S. 6537 4
provisions of a stipulation or order previously entered into; provided this shall include authority to sign an answer or order to show cause;
(c) negotiate with a party or his or her counsel or representative the terms of any stipulation or order to be entered into; and
(d) address the court on behalf of any such person. Notwithstanding the foregoing, a housing court advocate or consumer court advocate may only provide such services in such parts of the New York city civil court (including the housing part thereof) and of the Buffalo city court (including the housing part thereof), and in such actions and proceedings in those parts as the chief administrator may authorize; except that: (i) for a housing court advocate, the provision of such services may not be authorized other than in (A) summary proceedings brought pursuant to 22 NYCRR 208.42(d), or 22 NYCRR 210.42(b), and (B) actions described in subdivision (n) of section two hundred three of the New York city civil court act or in paragraph five of subdivision (a) of section two hundred three of the uniform city court act, and (ii) for a consumer court advocate, the provision of such services may not be authorized other than in actions and proceedings in relation to a consumer credit transaction as defined in subdivision (g) of section two thousand one hundred one of the New York city civil court act or in subdivision (f) of section one hundred five of the civil practice law and rules.
§ 604. Chief administrator to make rules. The chief administrator of the courts shall promulgate rules in order to effectuate the provisions of this article.
§ 4. On or before January first of the fourth year following the date on which this act becomes a law, the chief administrator of the courts shall submit to the governor, the legislature and the chief judge of the state a report evaluating the efficacy of the program in the use of housing court advocates and consumer court advocates authorized by this act. This report shall include any recommendations the chief administrator may have with respect to expansion of the program into other courts and other classes of cases.
§ 5. This act shall take effect January 1, 2018.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the judiciary law, in relation to employment of housing court advocates and consumer court advocates to assist indigent persons in certain court proceedings
This measure is being introduced at the request of the Chief Judge and the Chief Administrative Judge upon the recommendation of the Committee on Nonlawyers and the Justice Gap.
This measure would carve out a narrow exception to section 478 of the Judiciary Law, New York's unauthorized practice of law statute, in order to expand the availability of legal assistance to low-income persons in housing and consumer credit matters. More than 95% of tenants in eviction cases and 95% of debtors in consumer credit cases are unrepresented by counsel. This measure would authorize specially-trained and certified Housing Court Advocates (HCAs) and Consumer Court Advocates (CCAs), working under the supervision of lawyers in not-for-profit service provider organizations, to provide much needed services to unrepresented persons with incomes at or below 200% of the Federal poverty level who appear in the New York City Civil Court or in the Buffalo City Court in landlord-tenant nonpayment matters and proceedings to remedy Housing Code violations and in consumer credit cases, respectively.
Read the full memo (1,388 words)
It is well-documented that the vast majority of low-income New Yorkers are unable to afford a lawyer or to obtain one to assist them with their civil legal needs, and that legal services organizations have limited resources and are forced to turn away many persons seeking their help. This phenomenon, often referred to as "the justice gap," is a matter of grave concern for the courts and all New Yorkers. Each year millions of persons unable to afford a lawyer are involved in critically important civil legal matters on their own, without receiving legal assistance of any kind - all the while being opposed by parties who overwhelmingly are represented by counsel. Many of these unrepresented litigants risk losing their homes, their savings, even their most basic subsistence benefits.
In view of these realities, the Unified Court System has sought to close the justice gap by securing stable and adequate funding for civil legal services and developing and implementing comprehensive solutions that leverage a broad and growing array of bar and law school pro bono programs, self-help services and technological tools. In a continuing effort to devise creative solutions to increase access to justice, the Chief Judge's Task Force to Expand Access to Legal Services in New York established the Committee on Nonlawyers and the Justice Gap and charged it with identifying appropriate, responsible roles for non-lawyers trained in discrete areas of the law who would be able to provide helpful services to unrepresented persons in the areas of greatest need. This measure is the product of the Task Force's work over many months and reflects its well considered finding that cadres of specially trained non-lawyers working under the auspices of attorney supervisors employed by reputable not-for-profit organizations can and will make a substantial impact in closing the justice gap for New York State's most vulnerable litigants.
The Legislature has previously authorized roles for non-lawyers to provide legal assistance to people in discrete administrative law contexts, including workers compensation and unemployment proceedings. See Workers Compensation Law § 24-a; Labor Law § 538. Also, it has previously recognized limited exceptions to the unauthorized practice of law for law students, law graduates and certain other designated persons. See Judiciary Law § 478. This measure draws upon these existing programs but sets clear limits on the scope of permissible HCA and CCA services. Non-lawyers must meet established training and qualification requirements before they may be certified as HCAs and CCAs. Not-for-profit providers must submit to the chief administrator satisfactory plans for the assignment and supervision of HCAs and CCAs before such providers may be approved for participation in the program. The measure creates a requirement of supervision by a New York attorney and restricts the provision of authorized services to not-for-profit settings. Except as expressly authorized by this measure, HCAs and CCAs would be prohibited from performing any other acts or providing any other services that would constitute the practice of law or from holding thems elves out as being entitled to practice law in any way, and would remain subject to all the restrictions and civil and criminal penalties prescribed by law for the unauthorized practice of law. As all advice, counsel and other services provided by HCAs and CCAs will be rendered under the supervision of an attorney, the requirements of confidentiality and evidentiary privileges, including the attorney-client privilege, shall continue in effect.
Importantly, the Judiciary is authorized to oversee all aspects of the program and to promulgate court rules to effectuate the provisions and purposes of this legislation.
Summary of provisions
Program
In addition to amending section 478 of the Judiciary Law, this measure would add a new Article 22-A (including proposed new sections 855-859) to that chapter establishing a program to be overseen and implemented by the Judiciary in the use of HCAs and CCAs to provide limited services free of charge to unrepresented persons living at or below 200% of the Federal poverty level who must appear in certain specified housing and consumer credit proceedings. Under proposed section 855, persons certified as HCAs and CCAs shall be specially trained and must work under the supervision of attorneys admitted to the practice of law in New York and employed by not-for-profit service providers approved by the Chief Administrative Judge.
Role of Housing Court Advocates and Consumer Court Advocates
Proposed section 856 provides that a person may be certified as an HCA or CCA by the Chief Administrative Judge upon satisfaction of minimum educational and other qualifications and completion of prescribed training requirements. Proposed section 858 provides that, pursuant to the plan of a not-for-profit service provider approved by the Chief Administrative Judge and while acting under the supervision of an attorney employed by such provider, &person certified as an HCA or CCA may provide advice, counsel or other assistance in the preparation of pleadings and specified orders to show cause; negotiate with a party or the party's counsel concerning the terms of a stipulation or order to be entered into; and address the court on behalf of the person being represented.
Under proposed section 858(2), HCAs may only provide services in the Housing Parts of the New York City Civil Court and the Buffalo City Court in summary proceedings brought on the ground that the respondent has defaulted in the payment of rent (22 NYCRR 208.42(d); 22 NYCRR 210.42(b)), and in actions and proceedings for the removal of housing violations under New York City Civil Court Act § 203(n) or Uniform City Court Act § 203(a)(5). CCAs may only provide services in the New York City Civil Court and the Buffalo City Court in connection with proceedings relating to consumer credit transactions as defined in New York City Civil Court Act § 2101(g) or CPLR 105(f).
Role of Chief Administrative Judge
This measure also amends section 212 of the Judiciary Law by adding a new subdivision (2)(t) specifically authorizing the Chief Administrative Judge to establish and regulate programs in the use of HCAs and CCAs. This measure authorizes the Chief Administrative Judge to certify persons as HCAs or CCAs (proposed section 856); appoint an advisory board to assist in the discharge of his or her responsibilities under this article (proposed section 857); approve the participation of not-for-profit providers in the program upon their submission of satisfactory plans for the use of HCAs and CCAs (proposed section 858); and promulgate rules to effectuate the provisions of this legislation (proposed section 859). Finally, the measure requires the Chief Administrative Judge, no later than January 1g of the fourth year following the date on which this legislation takes effect, to provide the Governor, Legislature and Chief Judge with a report evaluating the efficacy of the program and containing recommendations with respect to expansion to other courts and classes of cases.
Advisory Board
Proposed section 858 of new Article 22-A authorizes the Chief Administrative Judge to establish an advisory board consisting of up to fourteen members to assist him or her in the discharge of his or her responsibilities.
This measure, which would have no fiscal impact, would take effect January 1, 2018.
2015-16 LEGISLATIVE HISTORY :
OCA 2015-21
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