NY State Assembly Bill 2023-A7636C

Current Bill Status Via S7297 - Passed Assembly

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2024	returned to senate passed assembly ordered to third reading rules cal.171 substituted for a7636c
Jun 05, 2024	substituted by s7297c
May 28, 2024	ordered to third reading rules cal.171 rules report cal.171 reported
May 22, 2024	reported referred to rules
May 21, 2024	reported referred to ways and means
May 13, 2024	print number 7636c
May 13, 2024	amend (t) and recommit to housing
Mar 14, 2024	print number 7636b
Mar 14, 2024	amend and recommit to housing
Jan 05, 2024	print number 7636a
Jan 05, 2024	amend and recommit to housing
Jan 03, 2024	referred to housing
May 25, 2023	referred to housing

Votes

- Jun 4, 2024 - Floor Vote
  S7297
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 4, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk
  May 7, 2024 - Judiciary Committee Vote
  S7297
  
  13
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 7, 2024
      
      aye (13)
      
      Bailey
      
      Breslin
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      aye wr (5)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      Martins
      
      Palumbo
      
      Rhoads
      
      absent (1)
      
      O'Mara
  May 14, 2024 - Finance Committee Vote
  S7297
  
  20
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 14, 2024
      
      aye (20)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Cooney
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Hinchey
      
      Hoylman-Sigal
      
      Krueger
      
      Liu
      
      Martins
      
      O'Mara
      
      Oberacker
      
      Rivera
      
      Salazar
      
      Skoufis
      
      Stavisky
      
      Thomas
      
      absent (1)
      
      Parker

Bill Amendments

Original

C (Active)

2023-A7636 - Details

See Senate Version of this Bill:: S7297
Law Section:: Real Property Law
Laws Affected:: Add §265-c, RP L

2023-A7636 - Summary

Establishes the homeowner protection program; provides that the department of law shall establish 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; 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-A7636 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7636
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Housing
 
 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

 A. 7636                             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

2023-A7636A - Details

See Senate Version of this Bill:: S7297
Law Section:: Real Property Law
Laws Affected:: Add §265-c, RP L

2023-A7636A - Summary

2023-A7636A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7636--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Housing -- recommitted to the Committee on Housing  in  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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.
                                                            LBD10393-02-3
 A. 7636--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-A7636B - Details

See Senate Version of this Bill:: S7297
Law Section:: Real Property Law
Laws Affected:: Add §265-c, RP L

2023-A7636B - Summary

2023-A7636B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7636--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by  M. of A. SOLAGES, SHRESTHA, DINOWITZ, SIMON, BLANKENBUSH
   -- read once and referred to the Committee on Housing  --  recommitted
   to the Committee on Housing in accordance with Assembly Rule 3, sec. 2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- again reported from said  commit-
   tee  with  amendments, 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.
                                                            LBD10393-08-4
 A. 7636--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.
 A. 7636--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.

co-Sponsors

View additional co-sponsors

2023-A7636C (ACTIVE) - Details

See Senate Version of this Bill:: S7297
Law Section:: Real Property Law
Laws Affected:: Add §265-c, RP L

2023-A7636C (ACTIVE) - Summary

2023-A7636C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7636--C
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES, SHRESTHA, DINOWITZ, SIMON, BLANKENBUSH,
   REYES -- read once and referred to the Committee on Housing --  recom-
   mitted to the Committee on Housing in accordance with Assembly Rule 3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- again reported from  said
   committee  with amendments, ordered reprinted as amended and recommit-
   ted to said committee --  again  reported  from  said  committee  with
   amendments,  ordered  reprinted  as  amended  and  recommitted to said
   committee
 
 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
 COMPLAINTS AND PARTICIPATING IN MANDATORY SETTLEMENT CONFERENCES  PURSU-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10393-09-4
 A. 7636--C                          2

 
 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
 A. 7636--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.

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Assembly Bill A7636C

Sponsored By

Current Bill Status Via S7297 - Passed Assembly

Jun 4, 2024 - Floor Vote

Floor Vote: Jun 4, 2024

May 7, 2024 - Judiciary Committee Vote

Judiciary Committee Vote: May 7, 2024

May 14, 2024 - Finance Committee Vote

Finance Committee Vote: May 14, 2024

Bill Amendments

2023-A7636 - Details

2023-A7636 - Summary

2023-A7636 - Bill Text download pdf

co-Sponsors

2023-A7636A - Details

2023-A7636A - Summary

2023-A7636A - Bill Text download pdf

co-Sponsors

2023-A7636B - Details

2023-A7636B - Summary

2023-A7636B - Bill Text download pdf

co-Sponsors

2023-A7636C (ACTIVE) - Details

2023-A7636C (ACTIVE) - Summary

2023-A7636C (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A7636C

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Sponsored By

SOLAGES

Current Bill Status Via S7297 - Passed Assembly

Bill Amendments

2023-A7636 - Details

2023-A7636 - Summary

2023-A7636 - Bill Text download pdf

co-Sponsors

Sarahana Shrestha

Jeffrey Dinowitz

Jo Anne Simon

Kenneth Blankenbush

2023-A7636A - Details

2023-A7636A - Summary

2023-A7636A - Bill Text download pdf

co-Sponsors

Sarahana Shrestha

Jeffrey Dinowitz

Jo Anne Simon

Kenneth Blankenbush

2023-A7636B - Details

2023-A7636B - Summary

2023-A7636B - Bill Text download pdf

co-Sponsors

Sarahana Shrestha

Jeffrey Dinowitz

Jo Anne Simon

Kenneth Blankenbush

2023-A7636C (ACTIVE) - Details

2023-A7636C (ACTIVE) - Summary

2023-A7636C (ACTIVE) - Bill Text download pdf

Comments