Senate Bill S7379

2011-2012 Legislative Session

Relates to representation in certain real property actions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Housing, Construction And Community Development Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S7379 (ACTIVE) - Details

Current Committee:
Senate Housing, Construction And Community Development
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §722, RPAP L; amd Art 18-B Art Head, §722, County L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2772
2015-2016: S1937
2017-2018: S2230
2019-2020: S5009
2021-2022: S5388
2023-2024: S6842

2011-S7379 (ACTIVE) - Summary

Relates to representation in certain real property actions.

2011-S7379 (ACTIVE) - Sponsor Memo

2011-S7379 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7379

                            I N  S E N A T E

                               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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