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A5199Assembly2019-2020 SessionSame asS5009

Free Lawyers for Homeowners

Official title

“Relates to representation in certain real property actions”

Sponsor Latrice WalkerAD-55+2 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
8/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill grants financially eligible homeowners the right to court-assigned counsel in certain real property legal actions.

Why it matters

  1. Expands legal rights for vulnerable homeowners. By guaranteeing court-assigned counsel to financially eligible homeowners in real property cases, the bill aims to level the playing field in complex legal disputes like foreclosure, eviction, or property disputes, where homeowners often face well-resourced banks or landlords.

  2. Could help prevent unjust loss of homes. Access to counsel increases the chances that homeowners can assert valid defenses or negotiate fair settlements, potentially reducing wrongful foreclosures or evictions and stabilizing communities facing housing insecurity.

  3. Aligns with existing public defense frameworks. The bill leverages the established structure of Article 18-B of county law (which already provides counsel in criminal and family court matters), suggesting a smoother integration into existing public defense systems and potentially more efficient implementation.

  4. May have fiscal and administrative impacts on counties. By mandating that counties provide legal representation in these cases, the bill could require additional funding and resources for local public defender or assigned counsel programs, raising questions about budgeting and capacity.

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Who cares

Headline styles

Free Lawyers for Homeowners

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Latrice Walker

Assembly Member · Assembly District 55

Chair, Election Law

History

  1. Referred to judiciary
  2. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S5009Senate

Free Lawyers for Homeowners

In Senate Committee · Housing, Construction And Community Development · Sponsor Kevin S. Parker

Impact 8 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

5199

2019-2020 Regular Sessions

IN ASSEMBLY

February 7, 2019

Introduced by M. of A. WALKER -- read once and referred to the Committee on Judiciary

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The real property actions and proceedings law is amended by adding a new section 722 to read as follows:

§ 722. Assignment of counsel. A homeowner in a real property action who is financially unable to obtain counsel for representation in such action shall have a right to assigned counsel by the court. Assignment of counsel issued under this section shall be implemented as provided in article eighteen-B of the county law.

§ 2. The article heading of article 18-B of the county law, as amended by chapter 682 of the laws of 1977, is amended to read as follows:

REPRESENTATION OF PERSONS ACCUSED OF CRIME OR PARTIES BEFORE THE

FAMILY COURT OR SURROGATE'S COURT OR IN CERTAIN REAL PROPERTY

ACTIONS

§ 3. The opening paragraph of section 722 of the county law, as amended by chapter 7 of the laws of 2007, is amended to read as follows:

The governing body of each county and the governing body of the city in which a county is wholly contained shall place in operation throughout the county a plan for providing counsel to persons charged with a crime or who are entitled to counsel pursuant to section two hundred sixty-two or section eleven hundred twenty of the family court act, article six-C of the correction law, section four hundred seven of the surrogate's court procedure act [or], article ten of the mental hygiene law or section seven hundred twenty-two of the real property actions and proceedings law, who are financially unable to obtain counsel. Each plan shall also provide for investigative, expert and other services neces-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05944-01-9

A. 5199 2

sary for an adequate defense. The plan shall conform to one of the following:

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

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.