What's happening
This bill guarantees financially unable homeowners the right to assigned counsel in certain real property legal actions.
Why it matters
Expands access to legal representation. By guaranteeing the right to assigned counsel for financially unable homeowners in real property actions (such as foreclosure or eviction), the bill aims to ensure that vulnerable individuals are not left to navigate complex legal proceedings alone.
Levels the playing field in court. Homeowners facing legal actions often go up against banks or institutions with significant legal resources. Assigned counsel helps balance disparities in legal expertise, potentially leading to fairer outcomes.
Integrates with established legal aid systems. The bill directs that the assignment of counsel be handled under the procedures of article 18-B of the county law, leveraging existing public defense infrastructure (such as public defenders or legal aid societies) instead of creating a new system from scratch.
May reduce housing instability. By supporting homeowners’ ability to defend their rights in court, the legislation could help prevent unnecessary or unjust loss of homes, which can have wide-reaching effects on families, neighborhoods, and local economies.
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Who cares
Headline styles
Free Lawyers for Homeowners
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to housing, construction and community development
- Referred to housing, construction and community development
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.
Free Lawyers for Homeowners
In Assembly Committee · Judiciary · Sponsor Latrice Walker
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5009
2019-2020 Regular Sessions
IN SENATE
April 3, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05944-01-9
S. 5009 2
shall also provide for investigative, expert and other services necessary 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.
Sponsor's memo
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 zeal 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 fami- lies 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 vulner- able populations are receiving representation when they cannot afford to obtain such representation on their own.
Legislative history
2017-18: S.2230 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVEL- OPMENT 2015-16: S.1937 - Housing 2013-14: S.2772 - Housing 2011-2012: S.7379 - Housing
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.