Bill Text: NY S05009 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 5009 (Prior Session Legislation)

Introduced

Bill Title: Relates to representation in certain real property actions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S05009 Detail]

Download: New_York-2019-S05009-Introduced.html

                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 Assem-
        bly, do enact as follows:
     1    Section 1. The real property actions and proceedings law is amended by
     2  adding a new section 722 to read as follows:
     3    § 722. Assignment of counsel. A homeowner in a  real  property  action
     4  who  is  financially unable to obtain counsel for representation in such
     5  action shall have a right to assigned counsel by the court.   Assignment
     6  of counsel issued under this section shall be implemented as provided in
     7  article eighteen-B of the county law.
     8    § 2. The article heading of article 18-B of the county law, as amended
     9  by chapter 682 of the laws of 1977, is amended to read as follows:
    10       REPRESENTATION OF PERSONS ACCUSED OF CRIME OR PARTIES BEFORE THE
    11        FAMILY COURT OR SURROGATE'S COURT OR IN CERTAIN REAL PROPERTY
    12                                   ACTIONS
    13    §  3.  The  opening  paragraph  of  section  722 of the county law, as
    14  amended by chapter 7 of the laws of 2007, is amended to read as follows:
    15    The governing body of each county and the governing body of  the  city
    16  in  which a county is wholly contained shall place in operation through-
    17  out the county a plan for providing counsel to persons  charged  with  a
    18  crime  or  who  are  entitled to counsel pursuant to section two hundred
    19  sixty-two or section eleven hundred twenty  of  the  family  court  act,
    20  article  six-C  of the correction law, section four hundred seven of the
    21  surrogate's court procedure act [or], article ten of the mental  hygiene
    22  law or section seven hundred twenty-two of the real property actions and
    23  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
     1  shall  also  provide for investigative, expert and other services neces-
     2  sary for an adequate defense. The plan  shall  conform  to  one  of  the
     3  following:
     4    §  4. This act shall take effect on the first of January next succeed-
     5  ing the date on which it shall have become a law.