Governor Hochul Signs Notarization Law Ending Burdensome Requirement for New Yorkers to Notarize All Sworn Statements in Civil Proceedings.
Contact: Kelly Barrett Sarama, Esq.
Title: Director of Development & Communications
Tel: (716) 853-3087 x229
Email: ksarama@elderjusticeny.org
FOR IMMEDIATE RELEASE
NEW YORK – The Center for Elder Law & Justice (CELJ) applauds Governor Kathy Hochul’s enactment of legislation – S.5162 (Hoylman-Sigal) / A.5772 (Lavine) – removing an unduly burdensome requirement for New Yorkers to notarize all sworn statements in civil proceedings. As a member of the New York Legal Services Coalition (NYLSC), CELJ assisted in championing this legislation to dismantle significant barriers to accessing justice.
CELJ and the NYLSC believe enactment of this legislation is long overdue and has been a roadblock to justice. "CELJ was happy to support this bill through our work with NYLSC," said Karen Nicolson, Chief Executive Officer at CELJ. "The notary requirement was unduly burdensome for our clients, and we applaud Governor Hochul for removing it."
By signing the bill into law, New York joins the federal government and over 20 other states who have eliminated the burdensome and often discriminatory process of requiring documents to be notarized in civil matters.
“This law removes barriers to justice for many thousands of New Yorkers involved in civil cases every year. Requiring documents in civil proceedings to be notarized creates a barrier that disproportionately impacts low-income and unrepresented individuals, especially in communities of color, with no notable benefit for the justice system,” said Tina Monshipur Foster, Board President of the NY Legal Services Coalition. “We thank Senator Hoylman-Sigal, Assemblymember Lavine, and Governor Hochul for championing this legal justice measure.”
State Senator Brad Hoylman-Sigal said, "Today, New York is one step closer to making our court processes less burdensome and more equitable for all. I am proud Governor Hochul signed our bill (S.5162) to eliminate the requirement that court participants must have their documents notarized. The outdated provision has long been removed from federal courts — it’s past time New York followed suit. I am grateful to Assembly Member Lavine, Senate Majority Leader Stewart-Cousins, and the New York Legal Services Coalition for their support."
Assemblyman Charles Lavine said: “By allowing litigants in civil cases to swear to a statement under penalty of perjury without having to notarize the document, this law removes significant barriers to access to justice especially in housing, civil and family court matters. I applaud the Governor for enacting this law and believe it will help New Yorkers by relieving them from an undue financial and cumbersome burden.”
According to NYLSC, there is no evidence that notarization increases the truth of statements made. Additionally, under Federal Law, and in more than 20 states, unsworn and unnotarized declarations are accepted as long as they include a statement that the document is true under penalty of perjury.
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At CELJ (pronounced CELL-JAY) (Center for Elder Law & Justice), we advocate for justice at all stages of life to ensure that our clients may live independently and with dignity. Since 1978, our team of lawyers, paralegals, and social workers has provided comprehensive free legal services to the WNY community’s older adults, individuals with disabilities, and financially eligible population. We serve as guardian for court-appointed older adults and people with disabilities, most of whom experienced abuse in the past. We are a trustee for WNY Coalition Pooled Trusts, which takes individuals out of the cycle of poverty, by allowing them to live in the community and maintain a comfortable quality of life. CELJ’s main office is located in Buffalo, New York, and we have satellite offices in Niagara and Chautauqua counties, as well as medical-legal partnerships at Erie County Medical Center, Buffalo General Medical Center, and John R. Oishei Children’s Hospital.
