S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8591
 
                           I N  A S S E M B L Y
 
                             January 12, 2024
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- 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
   private residential foreclosure 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 1308-a to read as follows:
   §  1308-A.  ASSIGNMENT OF COUNSEL. A HOMEOWNER IN A FORECLOSURE 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. Subdivision 3 of section 1303 of the real  property  actions  and
 proceedings  law, as amended by section 5 of part Q of chapter 73 of the
 laws of 2016, is amended to read as follows:
   3. The notice to any mortgagor required by paragraph (a)  of  subdivi-
 sion one of this section shall appear as follows:
                    Help for Homeowners in Foreclosure
   New  York  State  Law  requires that we send you this notice about the
 foreclosure process. Please read it carefully.
 Summons and Complaint
   You are in danger of losing your home. If you fail to respond  to  the
 summons  and  complaint  in  this  foreclosure action, you may lose your
 home. Please read the summons and complaint carefully. You should  imme-
 diately  contact  an  attorney  or your local legal aid office to obtain
 advice on how to protect yourself.
 Sources of Information and Assistance
   The State encourages you to become  informed  about  your  options  in
 foreclosure. In addition to seeking assistance from an attorney or legal
 aid  office,  there are government agencies and non-profit organizations
 that you may contact for information about possible  options,  including
 trying to work with your lender during this process. YOU MAY BE ENTITLED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03536-01-3
 A. 8591                             2
 
 TO  ASSIGNED  COUNSEL  IF YOU ARE FINANCIALLY UNABLE TO OBTAIN REPRESEN-
 TATION.
   To  locate  an  entity  near  you, you may call the toll-free helpline
 maintained by the New York State Department  of  Financial  Services  at
 (enter number) or visit the Department's website at (enter web address).
   Rights and Obligations
 YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right
 to  stay  in  your  home  during  the  foreclosure  process. You are not
 required to leave your home unless and until your property  is  sold  at
 auction pursuant to a judgment of foreclosure and sale.
 Regardless  of  whether  you  choose  to  remain  in  your home, YOU ARE
 REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accord-
 ance with state and local law.
 Foreclosure rescue scams
   Be careful of people who approach you with offers to "save" your home.
 There are individuals who watch for notices of  foreclosure  actions  in
 order  to  unfairly  profit  from  a homeowner's distress. You should be
 extremely careful about any such promises and any suggestions  that  you
 pay  them a fee or sign over your deed. State law requires anyone offer-
 ing such services for profit  to  enter  into  a  contract  which  fully
 describes  the services they will perform and fees they will charge, and
 which prohibits them from taking any money  from  you  until  they  have
 completed all such promised services.
   § 3. 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 FORECLOSURE
                                  ACTIONS
   §  4.  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 THIRTEEN HUNDRED EIGHT-A 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-
 sary for an adequate defense. The plan  shall  conform  to  one  of  the
 following:
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.