BILL NUMBER: S4556
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the county law and the real property actions and
proceedings law, in relation to providing representation to veterans for
certain civil matters
 
PURPOSE OR GENERAL IDEA OF BILL:
To establish a civil right to counsel for veterans earning at below 400%
of the federal poverty line for certain civil matters and to provide
that a legal services provider, bar association or private organization
can vie to participate to represent veterans in each judicial district.
 
SUMMARY OF PROVISIONS:
Section 1 amends the county law by adding a new article 18-c establish-
ing a right to counsel for veterans earning at or below 400% of the
federal poverty line in cases involving real property proceedings,
sustenance, and children. A judicial council comprised of one adminis-
trative judge from each judicial district would be responsible for
assessing and selecting legal services agencies to provide represen-
tation. Selected agencies would be authorized to provide representation
for a three-year period and be subject to renewal for a period deter-
mined by the judicial council based on the agency's capacity, and
success. In selecting a legal services agency, the judicial council
would be required to consider factors including but not limited to
whether or not the cost of.providing legal services would eliminate or
reduce the potential need for and cost of public social services. Coun-
sels assigned would receive between $50 and $ò60 per hour based on the
type of cases. There would be no cap on the amount of compensation or
reimbursement received for representation.
Section 2 amends the opening paragraph of section 722 of the county law
to reference article eighteen-c of the county law
Section 3 amends subdivision 3 of section 1303 of the real property
actions and proceedings law to require a notice to any mortgagor in an
owner-occupied one-to-four family dwelling to include text explaining
that if the mortgagor is a veteran who is financially unable to obtain
representation, he or she may be entitled to assigned counsel
Section 4 provides the effective date
 
JUSTIFICATION:
New York is home to 1.2 million veterans, making it one of six states
with over 1 million veterans. Veterans face unique challenges when tran-
sitioning back into civilian life, including difficulties related to
obtaining housing, demonstrating eligibility for public benefits such as
disability benefits, and child support issues. These challenges are
often interrelated and require attorneys to resolve them.
Representation significantly improves veterans' outcomes in disability
claims cases, according to a report by the Department of Veterans
Affairs Office of Inspector General. The report demonstrated that veter-
ans won average of $6,225 more per year than their unrepresented coun-
terparts. Disability significantly increases the veteran poverty rate at
almost twice the rate of non-veteran people with disabilities, making
obtaining benefits a priority.
Impoverished veterans struggle to afford stable housing and are at a
greater risk of homelessness than non-veterans, which can lead to family
issues. For non-custodial veteran parents, child support debt can be a
barrier to securing housing and employment. According to a report from
the federal Office of Child Support Enforcement, there are between
20,000 and 29,999 veterans in the caseload in New York alone.
This bill establishes a civil right to counsel for veterans at or below
400% of the federal poverty line for legal difficulties endemic to their
population to ensure that they can lead healthy, stable, and prosperous
civilian lives after serving our country.
 
PRIOR LEGISLATIVE HISTORY:
2022-2024: A663 - died in judiciary
2021-2022: A3306 (Epstein) / S 1381 (Brooks) - Assembly Judiciary /
Senate Judiciary
2020: A10093/509045 - referred to judiciary/REFERRED TO RULES
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S4556: 722 county law, 1303 real property actions and proceedings law, 1303(3) real property actions and proceedings law