Assembly Bill A1281

2023-2024 Legislative Session

Relates to representation in certain real property actions

download bill text pdf

Sponsored By

Current 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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2023-A1281 (ACTIVE) - Details

See Senate Version of this Bill:
S6842
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
2015-2016: A6802, S1937
2017-2018: A6248, S2230
2019-2020: A5199, S5009
2021-2022: A4465, S5388

2023-A1281 (ACTIVE) - Summary

Relates to representation in certain real property actions.

2023-A1281 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1281
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of A. WALKER, REYES -- 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.
                                                            LBD04594-01-3

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