Bill Text: NY A06802 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 6802 (Prior Session Legislation)

Introduced

Bill Title: Relates to representation in certain real property actions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A06802 Detail]

Download: New_York-2015-A06802-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6802
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     April 2, 2015
                                      ___________
       Introduced by M. of A. WALKER -- 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:
    1    Section 1. The real property actions and proceedings law is amended by
    2  adding a new section 722 to read as follows:
    3    S 722. ASSIGNMENT OF COUNSEL. A HOMEOWNER IN A  REAL  PROPERTY  ACTION
    4  WHO  IS  FINANCIALLY UNABLE TO OBTAIN COUNSEL FOR REPRESENTATION IN SUCH
    5  ACTION SHALL HAVE A RIGHT TO ASSIGNED COUNSEL BY THE COURT.   ASSIGNMENT
    6  OF COUNSEL ISSUED UNDER THIS SECTION SHALL BE IMPLEMENTED AS PROVIDED IN
    7  ARTICLE EIGHTEEN-B OF THE COUNTY LAW.
    8    S 2. The article heading of article 18-B of the county law, as amended
    9  by chapter 682 of the laws of 1977, is amended to read as follows:
   10       REPRESENTATION OF PERSONS ACCUSED OF CRIME OR PARTIES BEFORE THE
   11        FAMILY COURT OR SURROGATE'S COURT OR IN CERTAIN REAL PROPERTY
   12                                   ACTIONS
   13    S  3.  The  opening  paragraph  of  section  722 of the county law, as
   14  amended by chapter 7 of the laws of 2007, is amended to read as follows:
   15    The governing body of each county and the governing body of  the  city
   16  in  which a county is wholly contained shall place in operation through-
   17  out the county a plan for providing counsel to persons  charged  with  a
   18  crime  or  who  are  entitled to counsel pursuant to section two hundred
   19  sixty-two or section eleven hundred twenty  of  the  family  court  act,
   20  article  six-C  of the correction law, section four hundred seven of the
   21  surrogate's court procedure act [or], article ten of the mental  hygiene
   22  law OR SECTION SEVEN HUNDRED TWENTY-TWO OF THE REAL PROPERTY ACTIONS AND
   23  PROCEEDINGS LAW, who are financially unable to obtain counsel. Each plan
   24  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.
                                                                  LBD06802-01-5
       A. 6802                             2
    1  sary for an adequate defense. The plan  shall  conform  to  one  of  the
    2  following:
    3    S  4. This act shall take effect on the first of January next succeed-
    4  ing the date on which it shall have become a law.