S T A T E O F N E W Y O R K
________________________________________________________________________
2627
2025-2026 Regular Sessions
I N S E N A T E
January 22, 2025
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Introduced by Sens. KAVANAGH, BRISPORT, COONEY, GOUNARDES, HINCHEY,
JACKSON, MYRIE, S. RYAN -- 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
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-
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03310-01-5
S. 2627 2
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
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.
