Relates to representation in certain real property actions

BILL NUMBER:S7379

Title of bill

An act to amend the real property actions and proceedings law and the county law, in relation to representation of certain persons in certain real property actions

Purpose

To provide access to justice to those who cannot afford it in actions relating to eviction and foreclosure.

Summary of provisions

Section 1: Assignment of Counsel

Section 2: Includes certain real property actions in the representation covered by article 18-B of the county law.

Section 3: Amends the RPAPL to include notice to be provided to persons accused of a crime or parities before the family court, surrogate's court or in certain real property actions.

Section 4: This act shall take effect on the first of January next succeeding the date on which it shall have become law.

Justification

According the Brennan Center fewer than 20 percent of low-income families with civil legal needs are ever able to obtain the services of counsel to help them gain access to the courts. (see, www.brennanacenter.org/content/section/category/civil right to counsel).

As we continue to experience a foreclosure crisis and an affordable housing crisis in New York, we should ensure that the our most vulnerable populations are receiving representation when they cannot afford to obtain such representation on their own.

Legislative history

New legislation.

Fiscal implications

Unknown.

Effective date

This act shall take effect on the first of January next succeeding the date on which it shall have become law.