Assembly Bill A6248

2017-2018 Legislative Session

Relates to representation in certain real property actions

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2017-A6248 (ACTIVE) - Details

See Senate Version of this Bill:
S2230
Current Committee:
Assembly Judiciary
Law Section:
Real Property 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
2015-2016: A6802, S1937
2019-2020: A5199, S5009
2021-2022: A4465, S5388
2023-2024: A1281, S6842

2017-A6248 (ACTIVE) - Summary

Relates to representation in certain real property actions.

2017-A6248 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6248
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2017
                                ___________
 
 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:
   § 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 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.

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