Senate Bill S7297

                             
                     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.

                             
                     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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7297--C
     Cal. No. 1118
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced by Sens. KAVANAGH, BRISPORT, CHU, COONEY, GOUNARDES, HINCHEY,
   JACKSON,  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 -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   reported  favorably from said committee and committed to the Committee
   on Finance -- reported favorably from said committee, ordered to first
   report, amended on first  report,  ordered  to  a  second  report  and
   ordered reprinted, retaining its place in the order of second report
 
 AN  ACT  to amend the real property law, in relation to establishing the
   homeowner 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. HOMEOWNER PROTECTION PROGRAM.   1.  LEGISLATIVE  INTENT.  THE
 LEGISLATURE  DECLARES THAT THE ESTABLISHMENT OF THE HOMEOWNER PROTECTION
 PROGRAM (HOPP) IS NECESSARY TO ENSURE CONTINUATION OF NEW YORK'S INVEST-
 MENT IN ITS STATEWIDE NETWORK OF NON-PROFIT CIVIL LEGAL SERVICES PROVID-
 ERS 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 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 AVAILABLE TO ASSIST HOMEOWNERS  ANSWERING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10393-10-4
 S. 7297--C                          2
 
 COMPLAINTS  AND PARTICIPATING IN MANDATORY SETTLEMENT CONFERENCES PURSU-
 ANT 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 HOMEOWNER 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 HOME-
 OWNERS, 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; 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
 S. 7297--C                          3
 
 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
 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.