|SAME AS||No Same As|
|Add §722, RPAP L; amd Art 18-B Art Head, §722, County L|
|Relates to representation in certain real property actions.|
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STATE OF NEW YORK ________________________________________________________________________ 2230 2017-2018 Regular Sessions IN SENATE January 12, 2017 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development 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 § 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 § 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 § 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06166-01-7S. 2230 2 1 shall also provide for investigative, expert and other services neces- 2 sary for an adequate defense. The plan shall conform to one of the 3 following: 4 § 4. This act shall take effect on the first of January next succeed- 5 ing the date on which it shall have become a law.