BILL NUMBER: S126
SPONSOR: COMRIE
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
This amendment would provide a home owner in a foreclosure preceding who
is financially unable to obtain counsel with the right to assigned coun-
sel by the court.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1304 of the real property law is amended to assign counsel to
homeowners in a foreclosure proceeding who are financially unable to
obtain counsel.
 
JUSTIFICATION:
Present law provides a right to court-appointed counsel in limited civil
litigation matters, including certain family or surrogate court cases.
However, no such right exists when a New York State resident is threat-
ened with the loss of his or her home. The overwhelming majority of
homeowners in foreclosure proceeding have no legal representation. As
the subprime lending crisis sweeps across New York State, it is esti-
mated that tens of thousands of state residents may face foreclosure in
the near future. This bill will confront this crisis and prevent dramat-
ic declines in home ownership by providing-a right to legal represen-
tation for those who cannot afford it.
 
PRIOR LEGISLATIVE HISTORY:
2023- 2024: S1709 Comrie/ A8591 Bichotte Hermelyn
2021- 2022: S3668 Comrie/ No-same as
2019- 2020: S5370 Comrie/ A5231 Mosley
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law

Statutes affected:
S126: 1303 real property actions and proceedings law, 1303(3) real property actions and proceedings law, 722 county law