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Assembly Bill A6802

2015-2016 Legislative Session

Relates to representation in certain real property actions

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Archive: Last Bill Status - In Assembly Committee

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2015-A6802 (ACTIVE) - Details

See Senate Version of this Bill:
S1937
Current Committee:
Assembly Judiciary
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:
2011-2012: S7379
2013-2014: S2772
2017-2018: A6248, S2230
2019-2020: A5199, S5009
2021-2022: A4465, S5388
2023-2024: A1281, S6842
2025-2026: A6702, S4088

2015-A6802 (ACTIVE) - Summary

Relates to representation in certain real property actions.

2015-A6802 (ACTIVE) - Bill Text download pdf 

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

                                  6802

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 2, 2015
                               ___________

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 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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06802-01-5

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