Bill S7379-2011

Relates to representation in certain real property actions

Relates to representation in certain real property actions.

Details

Actions

  • May 2, 2012: REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Memo

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 7379 IN SENATE May 2, 2012 ___________
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 ASSEM- BLY, 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: S 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. S 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 S 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 through- out 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- sary for an adequate defense. The plan shall conform to one of the following: S 4. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law.

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