NY State Senate Bill 2023-S7297A

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2024	print number 7297b
Mar 11, 2024	amend and recommit to judiciary
Jan 04, 2024	print number 7297a
Jan 04, 2024	amend and recommit to judiciary
Jan 03, 2024	referred to judiciary
May 19, 2023	referred to judiciary

co-Sponsors

2023-S7297 - Details

See Assembly Version of this Bill:: A7636
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §265-c, RP L

2023-S7297 - Summary

Establishes the homeownership protection program; provides that the department of law shall establish the homeownership protection program to ensure the availability of free housing counseling and legal services to homeowners for the purposes of mitigating threats to homeownership; provides that the department of law shall provide grants to eligible not-for-profit housing counseling organizations and legal services organizations to provide services under the program.

2023-S7297 - Sponsor Memo

                                 
BILL NUMBER: S7297

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property law, in relation to establishing the
homeownership protection program

 
PURPOSE:

Since 2012, the Homeowner Protection Program (HOPP) has provided free
legal services and housing counseling to help New Yorkers facing threats
to homeownership to remain in their homes. This bill would codify the
funding and administration of this important program into law.

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding a new section 265-c.

Subdivision 1 of the new section 265-c sets forth the legislative intent
for establishing the Homeowner Protection Program (HOPP). The program is
necessary to ensure the continuation of homeownership retention and

preservation services provided to New York homeowners.  The program is
also necessary to comply with statutory mandates around the foreclosure
notification and proceeding process, so that homeowners would receive
information on, and are provided with access to, free foreclosure miti-
gation services provided by HOPP network organizations.

Subdivision 2 of the new section 265-c provides for the department of
law to establish HOPP to offer free legal services and housing coun-
seling to homeowners for the purpose of mitigating threats to homeowner-
ship. It also provides for the department of law to provide grants to
eligible organizations to provide services under HOPP, with the funding
appropriated annually.

Subdivision 3 of the new section 265-c provides for the department of
law to establish criteria for the administration of grant applications
to fund at least one organization per county to provide services under
HOPP. It also provides for funding to ensure adequate training, techni-
cal assistance, and support for organizations providing legal services
and housing counseling under HOPP.

Subdivision 4 of the new section 265-c sets forth the reporting require-
ments for organizations receiving funding to provide services under
HOPP.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

The Homeowner Protection Program (HOPP) was established in 2012 to
provide legal services and housing counseling to New York homeowners at
risk of losing their homes. Originally funded by the state's bank
settlement funds, HOPP has in recent years received annual allocation
from the State to support its network of 33 legal services organizations
and 56 housing counseling agencies. Statewide, 150,000 families have
been helped by HOPP, with over 15,000 families receiving assistance each
year.

It is necessary to codify HOPP and to mandate annual appropriations to
fund this program to ensure access to homeownership retention and fore-
closure mitigation services is maintained for homeowners facing the
potential loss of their homes. For example, between January and December
2022, there was an 85% increase in delinquency notices sent to New York
City homeowners. And statewide as of February 2023, there were 346,928
New York families at risk of losing their homes due to delinquency,
according to February 2023 data from the U.S. Census Household Pulse
Survey. If annual funding for HOPP is not mandated, the loss of funding
for the network would leave these families without the help they need to
save their homes.

It is also necessary to codify HOPP to ensure that the statutory
mandates of RPAPL 1303, 1304 and CPLR 3408 are fulfilled, so that free
housing counseling and legal services are available to homeowners as
provided for by RPAPL sections 1303 and 1304 in every county, and so
that legal services are available to assist homeowners answering
complaints and participating in mandatory settlement conferences pursu-
ant to CPLR section 3408, which requires a copy of the filing of judi-
cial intervention to be sent to a housing counseling agency so the home-
owner can be notified of foreclosure prevention services including pro
bono representation at settlement conferences. Without HOPP and its
network of organizations, compliance with these mandates would not be
possible.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Subject to allocation levels.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7297 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7297
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to  establishing  the
   homeownership protection program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property law is amended by adding  a  new  section
 265-c to read as follows:
   § 265-C. HOMEOWNERSHIP PROTECTION PROGRAM.  1. LEGISLATIVE INTENT. THE
 LEGISLATURE   DECLARES  THAT  THE  ESTABLISHMENT  OF  THE  HOMEOWNERSHIP
 PROTECTION PROGRAM (HOPP) IS NECESSARY TO ENSURE CONTINUATION IN  PERPE-
 TUITY  OF  NEW  YORK'S INVESTMENT IN ITS STATEWIDE NETWORK OF NON-PROFIT
 CIVIL LEGAL SERVICES PROVIDERS AND HOUSING COUNSELING AGENCIES  OFFERING
 A RANGE OF HOMEOWNERSHIP RETENTION AND PRESERVATION SERVICES TO HOMEOWN-
 ERS  IN  EVERY  COUNTY  IN  THE  STATE. THE PROGRAM IS ALSO NECESSARY TO
 ENSURE THAT THE STATUTORY MANDATES OF SECTIONS  THIRTEEN  HUNDRED  THREE
 AND  THIRTEEN  HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS
 LAW AND RULE THIRTY-FOUR HUNDRED EIGHT OF THE  CIVIL  PRACTICE  LAW  AND
 RULES  ARE FULFILLED, SO THAT FREE HOUSING COUNSELING AND LEGAL SERVICES
 ARE AVAILABLE TO HOMEOWNERS AS PROVIDED FOR BY SECTIONS THIRTEEN HUNDRED
 THREE AND THIRTEEN  HUNDRED  FOUR  OF  THE  REAL  PROPERTY  ACTIONS  AND
 PROCEEDINGS  LAW  IN EVERY COUNTY, AND SO THAT LEGAL SERVICES ARE AVAIL-
 ABLE TO ASSIST HOMEOWNERS  ANSWERING  COMPLAINTS  AND  PARTICIPATING  IN
 MANDATORY  SETTLEMENT  CONFERENCES  PURSUANT TO RULE THIRTY-FOUR HUNDRED
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   2. COUNSELING AND LEGAL REPRESENTATION OF INDIVIDUALS WHO  ARE  FACING
 LOSS  OF  THEIR HOME OR THREATS TO HOMEOWNERSHIP. (A) WITHIN ONE YEAR OF
 THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF LAW  SHALL  ESTAB-
 LISH  THE HOMEOWNERSHIP PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF
 FREE HOUSING  COUNSELING  AND  LEGAL  SERVICES  TO  HOMEOWNERS  FOR  THE
 PURPOSES  OF  MITIGATING  THREATS  TO  HOMEOWNERSHIP  INCLUDING, BUT NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10393-01-3

 S. 7297                             2
 
 LIMITED TO, HOMEOWNERSHIP RETENTION, HOME PRESERVATION, AS  A  TOOL  FOR
 PREVENTING DEED THEFT AND OTHER SCAMS TARGETED TO HOMEOWNERS, PREVENTING
 AVOIDABLE   FORECLOSURES   AND  DISPLACEMENT,  PRESERVING  HOME  EQUITY,
 PRESERVING HOMEOWNERSHIP ESPECIALLY IN COMMUNITIES OF COLOR, AND FOR ANY
 OTHER  PURPOSES  RELATED TO PRESERVING HOMEOWNERSHIP. SUCH PROGRAM SHALL
 BE FUNDED BY ANNUAL APPROPRIATION BY THE LEGISLATURE.
   (B) THE DEPARTMENT OF LAW SHALL PROVIDE GRANTS  TO  ELIGIBLE  NOT-FOR-
 PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS
 TO  PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE, BUT
 NOT BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND  WORKOUT
 APPLICATIONS  AND  NEGOTIATIONS;  ASSISTANCE  IN APPLYING FOR ASSISTANCE
 PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY
 AND BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN  MORTGAGE
 AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN-
 TATION  AT  SETTLEMENT  CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE  TO  UNREPRESENTED
 LITIGANTS  WITH  ANSWERS AND MOTIONS IN JUDICIAL FORECLOSURE PROCEEDINGS
 AND BRIEF ADVICE; ASSISTANCE TO HOMEOWNERS  VICTIMIZED  BY  DEED  FRAUD,
 DISTRESSED  PROPERTY  CONSULTANT,  PARTITION  AND  OTHER  SCAMMERS;  AND
 REDRESS  OF  PREDATORY  AND  DISCRIMINATORY  LENDING,  ABUSIVE  MORTGAGE
 SERVICING,  AND  PROPERTY FLIPPING, INCLUDING AFFIRMATIVE LITIGATION AND
 ADMINISTRATIVE COMPLAINTS WITH FEDERAL, STATE  AND  LOCAL  FAIR  HOUSING
 AGENCIES.
   3.  PROGRAM  ADMINISTRATION. (A) THE DEPARTMENT OF LAW SHALL ESTABLISH
 CRITERIA FOR SELECTION OF GRANT APPLICATIONS,  REVIEW  APPLICATIONS  AND
 MAKE  AWARDS,  AND  EXERCISE  AND  PERFORM  SUCH  OTHER FUNCTIONS AS ARE
 RELATED TO THE PURPOSES OF THIS SECTION.
   (B) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS  APPROPRIATED  FOR THAT PURPOSE, TO NOT-FOR-PROFIT HOUSING COUN-
 SELING ORGANIZATIONS SERVING HOMEOWNERS AT RISK OF LOSING  THEIR  HOMES,
 AND  LEGAL  SERVICES  ORGANIZATIONS,  TO PROVIDE COUNSELING SERVICES AND
 LEGAL REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK  WHO
 ARE FACING THREATS TO HOMEOWNERSHIP.
   (C)  THE  DEPARTMENT  OF LAW SHALL MAKE ONE-YEAR GRANTS TO ENSURE THAT
 HOUSING COUNSELING AND LEGAL SERVICES ARE AVAILABLE FREE  OF  CHARGE  TO
 HOMEOWNERS IN EVERY COUNTY OF THE STATE AND TO ENSURE THAT THE STATUTORY
 MANDATES OF SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR OF
 THE  REAL  PROPERTY  ACTIONS  AND  PROCEEDINGS  LAW AND RULE THIRTY-FOUR
 HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED.
   (D) THE DEPARTMENT  OF  LAW  SHALL  MAKE  ONE-YEAR  GRANTS  TO  ENSURE
 ADEQUATE  TRAINING,  TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE
 NOT-FOR-PROFIT  HOUSING  COUNSELING  AND  LEGAL  SERVICES  ORGANIZATIONS
 PROVIDING  SERVICES  UNDER THIS SECTION, AND TO ENSURE THE MANAGEMENT OF
 GRANTS AND SUPPORTIVE SERVICES SUCH  AS  TOLL-FREE  HOTLINES,  DEDICATED
 OUTREACH,  TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE TO
 THE ORGANIZATIONS PROVIDING SERVICES.
   4. REPORTING. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION  AND
 LEGAL  SERVICES  ORGANIZATION RECEIVING A GRANT UNDER THIS SECTION SHALL
 REPORT TO THE DEPARTMENT OF LAW AND THE DIVISION OF HOUSING AND COMMUNI-
 TY RENEWAL NO LATER THAN SIXTY DAYS  AFTER  THE  END  OF  EACH  ONE-YEAR
 GRANT.  SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF THE FUNDS RECEIVED BY
 THE GRANT AND THE SERVICES PROVIDED.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S7297A - Details

See Assembly Version of this Bill:: A7636
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §265-c, RP L

2023-S7297A - Summary

Establishes the homeownership protection program; provides that the department of law shall establish the homeownership protection program to ensure the availability of free housing counseling and legal services to homeowners for the purposes of mitigating threats to homeownership; provides that the department of law shall provide grants to eligible not-for-profit housing counseling organizations and legal services organizations to provide services under the program.

2023-S7297A - Sponsor Memo

                                 
BILL NUMBER: S7297A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property law, in relation to establishing the
homeownership protection program

 
PURPOSE:

Since 2012, the Homeowner Protection Program (HOPP) has provided free
legal services and housing counseling to help New Yorkers facing threats
to homeownership to remain in their homes. This bill would codify the
funding and administration of this important program into law.

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding a new section 265-c.

Subdivision 1 of the new section 265-c sets forth the legislative intent
for establishing the Homeowner Protection Program (HOPP). The program is
necessary to ensure the continuation of homeownership retention and

preservation services provided to New York homeowners.  The program is
also necessary to comply with statutory mandates around the foreclosure
notification and proceeding process, so that homeowners would receive
information on, and are provided with access to, free foreclosure miti-
gation services provided by HOPP network organizations.

Subdivision 2 of the new section 265-c provides for the department of
law to establish HOPP to offer free legal services and housing coun-
seling to homeowners for the purpose of preserving and mitigating
threats to homeownership. It also provides for the department of law to
provide grants to eligible organizations to provide services under HOPP,
with the funding.appropriated annually.

Subdivision 3 of the new section 265-c provides for the department of
law to establish criteria for the administration of grant applications
to fund at least one organization per county to provide services under
HOPP. It also provides for funding, within the amounts appropriated for
the program, to ensure adequate training, technical assistance, and
support for organizations providing legal services and housing coun-
seling under HOPP.

Subdivision 4 of the new section 265-c sets forth the reporting require-
ments for organizations receiving funding to provide services under
HOPP.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

The Homeowner Protection Program (HOPP) was established in 2012 to
provide legal services and housing counseling to New York homeowners at
risk of losing their homes. Originally funded by the state's bank
settlement funds, HOPP has in recent years received annual allocation
from the State to support its network of 33 legal services organizations
and 56 housing counseling agencies. Statewide, 150,000 families have
been helped by HOPP, with over 15,000 families receiving assistance each
year.
It is necessary to codify HOPP and to mandate annual appropriations to
fund this program to ensure access to homeownership retention and fore-
closure mitigation services is maintained for homeowners facing the
potential loss of their homes. For example, between January and December
2022, there was an 85% increase in delinquency notices sent to New York
City homeowners. And statewide as of February 2023, there were 346,928
New York families at risk of losing their homes due to delinquency,
according to February 2023 data from the U.S. Census Household Pulse
Survey. If annual funding for HOPP is not mandated, the loss of funding
for the network would leave these families without the help they need to
save their homes.

It is also necessary to codify HOPP to ensure that the statutory
mandates of RPAPL 1303, 1304 and CPLR 3408 are fulfilled, so that free
housing counseling and legal services are available to homeowners as
provided for by RPAPL sections 1303 and 1304 in every county, and so
that legal services are available to assist homeowners answering
complaints and participating in mandatory settlement conferences pursu-
ant to CPLR section 3408, which requires a copy of the filing of judi-
cial intervention to be sent to a housing counseling agency so the home-
owner can be notified of foreclosure prevention services including pro
bono representation at settlement conferences. Without HOPP and its
network of organizations, compliance with these mandates would not be
possible.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Subject to allocation levels.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7297A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7297--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sens.  KAVANAGH, RYAN -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Judiciary  --
   recommitted  to  the  Committee on Judiciary in accordance with Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN  ACT  to amend the real property law, in relation to establishing the
   homeownership protection program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 265-c to read as follows:
   § 265-C. HOMEOWNERSHIP PROTECTION PROGRAM.  1. LEGISLATIVE INTENT. THE
 LEGISLATURE  DECLARES  THAT  THE  ESTABLISHMENT  OF  THE   HOMEOWNERSHIP
 PROTECTION  PROGRAM  (HOPP)  IS  NECESSARY TO ENSURE CONTINUATION OF NEW
 YORK'S INVESTMENT IN ITS STATEWIDE NETWORK  OF  NON-PROFIT  CIVIL  LEGAL
 SERVICES  PROVIDERS  AND HOUSING COUNSELING AGENCIES OFFERING A RANGE OF
 HOMEOWNERSHIP RETENTION AND PRESERVATION SERVICES TO HOMEOWNERS IN EVERY
 COUNTY IN THE STATE. THE PROGRAM IS ALSO NECESSARY TO  ENSURE  THAT  THE
 STATUTORY  MANDATES  OF  SECTIONS  THIRTEEN  HUNDRED  THREE AND THIRTEEN
 HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW  AND  RULE
 THIRTY-FOUR  HUNDRED  EIGHT  OF  THE  CIVIL  PRACTICE  LAW AND RULES ARE
 FULFILLED, SO THAT FREE HOUSING COUNSELING AND LEGAL SERVICES ARE AVAIL-
 ABLE TO HOMEOWNERS AS PROVIDED FOR BY SECTIONS  THIRTEEN  HUNDRED  THREE
 AND  THIRTEEN  HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS
 LAW IN EVERY COUNTY, AND SO THAT LEGAL SERVICES ARE AVAILABLE TO  ASSIST
 HOMEOWNERS  ANSWERING  COMPLAINTS AND PARTICIPATING IN MANDATORY SETTLE-
 MENT CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES.
   2. COUNSELING AND LEGAL REPRESENTATION OF INDIVIDUALS WHO  ARE  FACING
 LOSS  OF  THEIR HOME OR THREATS TO HOMEOWNERSHIP. (A) WITHIN ONE YEAR OF
 THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF LAW  SHALL  ESTAB-
 LISH  THE HOMEOWNERSHIP PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF
 FREE HOUSING  COUNSELING  AND  LEGAL  SERVICES  TO  HOMEOWNERS  FOR  THE
 PURPOSES  OF  MITIGATING  THREATS  TO  HOMEOWNERSHIP  INCLUDING, BUT NOT

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10393-03-3
 S. 7297--A                          2

 LIMITED TO, HOMEOWNERSHIP RETENTION, HOME PRESERVATION, ESTATE PLANNING,
 AS A TOOL FOR PREVENTING THEFT OF REAL PROPERTY AND OTHER SCAMS TARGETED
 TO  HOMEOWNERS,  PREVENTING  AVOIDABLE  FORECLOSURES  AND  DISPLACEMENT,
 PRESERVING HOME EQUITY, PRESERVING HOMEOWNERSHIP, ESPECIALLY IN COMMUNI-
 TIES OF COLOR, AND FOR ANY OTHER PURPOSES RELATED TO PRESERVING HOMEOWN-
 ERSHIP.  SUCH  PROGRAM  SHALL  BE  FUNDED BY ANNUAL APPROPRIATION BY THE
 LEGISLATURE.
   (B) THE DEPARTMENT OF LAW SHALL PROVIDE GRANTS  TO  ELIGIBLE  NOT-FOR-
 PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS
 TO  PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE, BUT
 NOT BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND  WORKOUT
 APPLICATIONS  AND  NEGOTIATIONS;  ASSISTANCE  IN APPLYING FOR ASSISTANCE
 PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY
 AND BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN  MORTGAGE
 AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN-
 TATION  AT  SETTLEMENT  CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED
 EIGHT OF THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE  TO  UNREPRESENTED
 LITIGANTS  WITH  ANSWERS AND MOTIONS IN JUDICIAL FORECLOSURE PROCEEDINGS
 AND BRIEF ADVICE; ASSISTANCE TO HOMEOWNERS  VICTIMIZED  BY  DEED  FRAUD,
 DISTRESSED  PROPERTY  CONSULTANT,  PARTITION  AND  OTHER  SCAMMERS;  AND
 REDRESS  OF  PREDATORY  AND  DISCRIMINATORY  LENDING,  ABUSIVE  MORTGAGE
 SERVICING,  AND  PROPERTY FLIPPING, INCLUDING AFFIRMATIVE LITIGATION AND
 ADMINISTRATIVE COMPLAINTS WITH FEDERAL, STATE  AND  LOCAL  FAIR  HOUSING
 AGENCIES; AND FOR WHATEVER OTHER PURPOSE DEEMED NECESSARY BY THE DEPART-
 MENT OF LAW TO PRESERVE HOMEOWNERSHIP.
   3.  PROGRAM  ADMINISTRATION. (A) THE DEPARTMENT OF LAW SHALL ESTABLISH
 CRITERIA FOR SELECTION OF GRANT APPLICATIONS,  REVIEW  APPLICATIONS  AND
 MAKE  AWARDS,  AND  EXERCISE  AND  PERFORM  SUCH  OTHER FUNCTIONS AS ARE
 RELATED TO THE PURPOSES OF THIS SECTION.
   (B) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS  APPROPRIATED  FOR THAT PURPOSE, TO NOT-FOR-PROFIT HOUSING COUN-
 SELING ORGANIZATIONS SERVING HOMEOWNERS AT RISK OF LOSING  THEIR  HOMES,
 AND  LEGAL  SERVICES  ORGANIZATIONS,  TO PROVIDE COUNSELING SERVICES AND
 LEGAL REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK  WHO
 ARE FACING THREATS TO HOMEOWNERSHIP.
   (C)  THE  DEPARTMENT  OF  LAW  SHALL  MAKE ONE-YEAR GRANTS, WITHIN THE
 AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE THAT HOUSING COUNSELING
 AND LEGAL SERVICES ARE AVAILABLE FREE OF CHARGE TO HOMEOWNERS  IN  EVERY
 COUNTY  OF  THE  STATE  AND  TO  ENSURE  THAT  THE STATUTORY MANDATES OF
 SECTIONS THIRTEEN HUNDRED THREE AND THIRTEEN HUNDRED FOUR  OF  THE  REAL
 PROPERTY  ACTIONS AND PROCEEDINGS LAW AND RULE THIRTY-FOUR HUNDRED EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED.
   (D) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS  APPROPRIATED  FOR  THAT  PURPOSE,  TO ENSURE ADEQUATE TRAINING,
 TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE NOT-FOR-PROFIT HOUS-
 ING COUNSELING AND LEGAL SERVICES ORGANIZATIONS PROVIDING SERVICES UNDER
 THIS SECTION, AND TO ENSURE THE  MANAGEMENT  OF  GRANTS  AND  SUPPORTIVE
 SERVICES  INCLUDING,  BUT  NOT LIMITED TO, TOLL-FREE HOTLINES, DEDICATED
 OUTREACH, TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE  TO
 THE ORGANIZATIONS PROVIDING SERVICES.
   4.  REPORTING. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION AND
 LEGAL SERVICES ORGANIZATION RECEIVING A GRANT UNDER THIS  SECTION  SHALL
 REPORT TO THE ATTORNEY GENERAL NO LATER THAN SIXTY DAYS AFTER THE END OF
 EACH  ONE-YEAR  GRANT.    SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF THE
 FUNDS RECEIVED BY THE GRANT AND THE SERVICES PROVIDED.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2023-S7297B (ACTIVE) - Details

See Assembly Version of this Bill:: A7636
Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Add §265-c, RP L

2023-S7297B (ACTIVE) - Summary

Establishes the homeownership protection program; provides that the department of law shall establish the homeownership protection program to ensure the availability of free housing counseling and legal services to homeowners for the purposes of mitigating threats to homeownership; provides that the department of law shall provide grants to eligible not-for-profit housing counseling organizations and legal services organizations to provide services under the program.

2023-S7297B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7297B

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property law, in relation to establishing the
homeownership protection program

 
PURPOSE:

Since 2012, the Homeowner Protection Program (HOPP) has provided free
legal services and housing counseling to help New Yorkers facing threats
to homeownership to remain in their homes. This bill would codify the
funding and administration of this important program into law.

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding a new section 265-c.
Subdivision 1 of the new section 265-c sets forth the legislative intent
for establishing the Homeowner Protection Program (HOPP). The program is
necessary to ensure the continuation of homeownership retention and
preservation services provided to New York homeowners.  The program is

also necessary to comply with statutory mandates around the foreclosure
notification and proceeding process, so that homeowners would receive
information on, and are provided with access to, free foreclosure miti-
gation services provided by HOPP network organizations.

Subdivision 2 of the new section 265-c provides for the department of
law to establish HOPP to offer free legal services and housing coun-
seling to homeowners for the purpose of preserving and mitigating
threats to homeownership. It also provides for the department of law to
provide grants to eligible organizations to provide services under HOPP,
with the funding appropriated annually.

Subdivision 3 of the new section 265-c provides for the department of
law to establish criteria for the administration of grant applications
to fund at least one organization per county to provide services under
HOPP. It also provides for funding, within the amounts appropriated for
the program, to ensure adequate training, technical assistance, and
support for organizations providing legal services and housing coun-
seling under HOPP.

Subdivision 4 of the new section 265-c sets forth the reporting require-
ments for organizations receiving funding to provide services under
HOPP.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

The Homeowner Protection Program (HOPP) was established in 2012 to
provide legal services and housing counseling to New York homeowners at
risk of losing their homes. Originally funded by the state's bank
settlement funds, HOPP has in recent years received annual allocation
from the State to support its network of 33 legal services organizations
and 56 housing counseling agencies. Statewide, 150,000 families have
been helped by HOPP, with over 15,000 families receiving assistance each
year.

It is necessary to codify HOPP and to mandate annual appropriations to
fund this program to ensure access to homeownership retention and fore-
closure mitigation services is maintained for homeowners facing the
potential loss of their homes. For example, between January and December
2022, there was an 85% increase in delinquency notices sent to New York
City homeowners. And statewide as of February 2023, there were 346,928
New York families at risk of losing their homes due to delinquency,
according to February 2023 data from the U.S. Census Household Pulse
Survey. If annual funding for HOPP is not mandated, the loss of funding
for the network would leave these families without the help they need to
save their homes.

It is also necessary to codify HOPP to ensure that the statutory
mandates of RPAPL 1303, 1304 and CPLR 3408 are fulfilled, so that free
housing counseling and legal services are available to homeowners as
provided for by RPAPL sections 1303 and 1304 in every county, and so
that legal services are available to assist homeowners answering
complaints and participating in mandatory settlement conferences pursu-
ant to CPLR section 3408, which requires a copy of the filing of judi-
cial intervention to be sent to a housing counseling agency so the home-
owner can be notified of foreclosure prevention services including pro
bono representation at settlement conferences. Without HOPP and its
network of organizations, compliance with these mandates would not be
possible.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

Subject to allocation levels.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7297B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7297--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by Sens. KAVANAGH, CHU, COONEY, GOUNARDES, HINCHEY, JACKSON,
   RYAN -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Judiciary -- recommitted to the  Committee  on
   Judiciary  in  accordance  with  Senate  Rule  6,  sec. 8 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to amend the real property law, in relation to establishing the
   homeownership protection program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 265-c to read as follows:
   § 265-C. HOMEOWNERSHIP PROTECTION PROGRAM.  1. LEGISLATIVE INTENT. THE
 LEGISLATURE  DECLARES  THAT  THE  ESTABLISHMENT  OF  THE   HOMEOWNERSHIP
 PROTECTION  PROGRAM  (HOPP)  IS  NECESSARY TO ENSURE CONTINUATION OF NEW
 YORK'S INVESTMENT IN ITS STATEWIDE NETWORK  OF  NON-PROFIT  CIVIL  LEGAL
 SERVICES  PROVIDERS  AND HOUSING COUNSELING AGENCIES OFFERING A RANGE OF
 HOMEOWNERSHIP RETENTION AND PRESERVATION SERVICES TO HOMEOWNERS IN EVERY
 COUNTY IN THE STATE. THE PROGRAM IS ALSO NECESSARY TO  ENSURE  THAT  THE
 STATUTORY  MANDATES  OF  SECTIONS  THIRTEEN  HUNDRED  THREE AND THIRTEEN
 HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW  AND  RULE
 THIRTY-FOUR  HUNDRED  EIGHT  OF  THE  CIVIL  PRACTICE  LAW AND RULES ARE
 FULFILLED, SO THAT FREE HOUSING COUNSELING AND LEGAL SERVICES ARE AVAIL-
 ABLE TO HOMEOWNERS AS PROVIDED FOR BY SECTIONS  THIRTEEN  HUNDRED  THREE
 AND  THIRTEEN  HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS
 LAW IN EVERY COUNTY, AND SO THAT LEGAL SERVICES ARE AVAILABLE TO  ASSIST
 HOMEOWNERS  ANSWERING  COMPLAINTS AND PARTICIPATING IN MANDATORY SETTLE-
 MENT CONFERENCES PURSUANT TO RULE THIRTY-FOUR HUNDRED EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10393-07-4
 S. 7297--B                          2

 
   2. COUNSELING AND LEGAL REPRESENTATION OF INDIVIDUALS WHO  ARE  FACING
 LOSS  OF  THEIR HOME OR THREATS TO HOMEOWNERSHIP. (A) WITHIN ONE YEAR OF
 THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT OF LAW  SHALL  ESTAB-
 LISH  THE HOMEOWNERSHIP PROTECTION PROGRAM TO ENSURE THE AVAILABILITY OF
 FREE  HOUSING  COUNSELING  AND  LEGAL  SERVICES  TO  HOMEOWNERS  FOR THE
 PURPOSES OF MITIGATING  THREATS  TO  HOMEOWNERSHIP  INCLUDING,  BUT  NOT
 LIMITED TO, HOMEOWNERSHIP RETENTION, HOME PRESERVATION, ESTATE PLANNING,
 AS A TOOL FOR PREVENTING THEFT OF REAL PROPERTY AND OTHER SCAMS TARGETED
 TO  HOMEOWNERS,  PREVENTING  AVOIDABLE  FORECLOSURES  AND  DISPLACEMENT,
 PRESERVING HOME EQUITY, PRESERVING HOMEOWNERSHIP, ESPECIALLY IN COMMUNI-
 TIES OF COLOR, AND FOR ANY OTHER PURPOSES RELATED TO PRESERVING HOMEOWN-
 ERSHIP. SUCH PROGRAM SHALL BE FUNDED  BY  ANNUAL  APPROPRIATION  BY  THE
 LEGISLATURE.
   (B)  THE  DEPARTMENT  OF LAW SHALL PROVIDE GRANTS TO ELIGIBLE NOT-FOR-
 PROFIT HOUSING COUNSELING ORGANIZATIONS AND LEGAL SERVICES ORGANIZATIONS
 TO PROVIDE SERVICES UNDER THE PROGRAM. SUCH SERVICES SHALL INCLUDE,  BUT
 NOT  BE LIMITED TO, ASSISTANCE WITH LOSS MITIGATION AND LOAN AND WORKOUT
 APPLICATIONS AND NEGOTIATIONS; ASSISTANCE  IN  APPLYING  FOR  ASSISTANCE
 PROGRAMS FOR HOMEOWNERS; ASSISTANCE WITH RESOLVING PROPERTY TAX, UTILITY
 AND  BUILDING CODE VIOLATION DEBTS AND LIENS; REPRESENTATION IN MORTGAGE
 AND TAX AND UTILITY LIEN FORECLOSURE LITIGATION, LIMITED SCOPE REPRESEN-
 TATION AT SETTLEMENT CONFERENCES PURSUANT TO  RULE  THIRTY-FOUR  HUNDRED
 EIGHT  OF  THE CIVIL PRACTICE LAW AND RULES; ASSISTANCE TO UNREPRESENTED
 LITIGANTS WITH ANSWERS AND MOTIONS IN JUDICIAL  FORECLOSURE  PROCEEDINGS
 AND  BRIEF  ADVICE;  ASSISTANCE  TO HOMEOWNERS VICTIMIZED BY DEED FRAUD,
 DISTRESSED  PROPERTY  CONSULTANT,  PARTITION  AND  OTHER  SCAMMERS;  AND
 REDRESS  OF  PREDATORY  AND  DISCRIMINATORY  LENDING,  ABUSIVE  MORTGAGE
 SERVICING, AND PROPERTY FLIPPING, INCLUDING AFFIRMATIVE  LITIGATION  AND
 ADMINISTRATIVE  COMPLAINTS  WITH  FEDERAL,  STATE AND LOCAL FAIR HOUSING
 AGENCIES; AND FOR WHATEVER OTHER PURPOSE DEEMED NECESSARY BY THE DEPART-
 MENT OF LAW TO PRESERVE HOMEOWNERSHIP.
   3. PROGRAM ADMINISTRATION. (A) THE DEPARTMENT OF LAW  SHALL  ESTABLISH
 CRITERIA  FOR  SELECTION  OF GRANT APPLICATIONS, REVIEW APPLICATIONS AND
 MAKE AWARDS, AND EXERCISE  AND  PERFORM  SUCH  OTHER  FUNCTIONS  AS  ARE
 RELATED TO THE PURPOSES OF THIS SECTION.
   (B)  THE  DEPARTMENT  OF  LAW  SHALL  MAKE ONE-YEAR GRANTS, WITHIN THE
 AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO NOT-FOR-PROFIT  HOUSING  COUN-
 SELING  ORGANIZATIONS  SERVING HOMEOWNERS AT RISK OF LOSING THEIR HOMES,
 AND LEGAL SERVICES ORGANIZATIONS, TO  PROVIDE  COUNSELING  SERVICES  AND
 LEGAL  REPRESENTATION OF PERSONS WHO RESIDE IN THE STATE OF NEW YORK WHO
 ARE FACING THREATS TO HOMEOWNERSHIP.
   (C) THE DEPARTMENT OF LAW  SHALL  MAKE  ONE-YEAR  GRANTS,  WITHIN  THE
 AMOUNTS APPROPRIATED FOR THAT PURPOSE, TO ENSURE THAT HOUSING COUNSELING
 AND  LEGAL  SERVICES ARE AVAILABLE FREE OF CHARGE TO HOMEOWNERS IN EVERY
 COUNTY OF THE STATE  AND  TO  ENSURE  THAT  THE  STATUTORY  MANDATES  OF
 SECTIONS  THIRTEEN  HUNDRED  THREE AND THIRTEEN HUNDRED FOUR OF THE REAL
 PROPERTY ACTIONS AND PROCEEDINGS LAW AND RULE THIRTY-FOUR HUNDRED  EIGHT
 OF THE CIVIL PRACTICE LAW AND RULES ARE FULFILLED.
   (D)  THE  DEPARTMENT  OF  LAW  SHALL  MAKE ONE-YEAR GRANTS, WITHIN THE
 AMOUNTS APPROPRIATED FOR THAT  PURPOSE,  TO  ENSURE  ADEQUATE  TRAINING,
 TECHNICAL ASSISTANCE AND SUPPORT IS PROVIDED TO THE NOT-FOR-PROFIT HOUS-
 ING COUNSELING AND LEGAL SERVICES ORGANIZATIONS PROVIDING SERVICES UNDER
 THIS  SECTION,  AND  TO  ENSURE  THE MANAGEMENT OF GRANTS AND SUPPORTIVE
 SERVICES INCLUDING, BUT NOT LIMITED TO,  TOLL-FREE  HOTLINES,  DEDICATED
 OUTREACH,  TECHNICAL EXPERTISE AND OTHER ASSISTANCE IS MADE AVAILABLE TO
 THE ORGANIZATIONS PROVIDING SERVICES.
 S. 7297--B                          3

   4. REPORTING. EACH NOT-FOR-PROFIT HOUSING COUNSELING ORGANIZATION  AND
 LEGAL  SERVICES  ORGANIZATION RECEIVING A GRANT UNDER THIS SECTION SHALL
 AT A MINIMUM REPORT TO THE ATTORNEY GENERAL NO  LATER  THAN  SIXTY  DAYS
 AFTER  THE  END  OF  EACH ONE-YEAR GRANT.   SUCH REPORT SHALL INCLUDE AN
 ACCOUNTING OF THE FUNDS RECEIVED BY THE GRANT AND THE SERVICES PROVIDED.
   § 2. This act shall take effect immediately.

Senate Bill S7297A

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2023-S7297B (ACTIVE) - Details

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Senate Bill S7297A

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Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

Bill Amendments

co-Sponsors

2023-S7297 - Details

2023-S7297 - Summary

2023-S7297 - Sponsor Memo

2023-S7297 - Bill Text download pdf

co-Sponsors

2023-S7297A - Details

2023-S7297A - Summary

2023-S7297A - Sponsor Memo

2023-S7297A - Bill Text download pdf

co-Sponsors

2023-S7297B (ACTIVE) - Details

2023-S7297B (ACTIVE) - Summary

2023-S7297B (ACTIVE) - Sponsor Memo

2023-S7297B (ACTIVE) - Bill Text download pdf

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