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A01625 Summary:

BILL NOA01625A
 
SAME ASSAME AS S02627-A
 
SPONSORSolages
 
COSPNSRShrestha, Dinowitz, Simon, Reyes, Rosenthal, Taylor, Simone, Hyndman, Blankenbush, Burdick, Griffin, Steck, Stern, Colton, Carroll R, Raga, Dais, Chandler-Waterman, Levenberg
 
MLTSPNSR
 
Add §265-c, RP L
 
Establishes the homeowner protection program; provides that the department of law shall establish the homeowner protection program to ensure the availability of free housing counseling and legal services to homeowners for the purposes of mitigating threats to homeownership; provides that 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.
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A01625 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1625--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 10, 2025
                                       ___________
 
        Introduced by M. of A. SOLAGES, SHRESTHA, DINOWITZ, SIMON, REYES, ROSEN-
          THAL,  TAYLOR,  SIMONE, HYNDMAN, BLANKENBUSH, BURDICK, GRIFFIN, STECK,
          STERN, COLTON, R. CARROLL, RAGA --  read  once  and  referred  to  the
          Committee  on  Housing  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        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:
 
     1    Section 1. The real property law is amended by adding  a  new  section
     2  265-c to read as follows:
     3    §  265-c. Homeowner protection program.  1. (a) Within one year of the
     4  effective date of this section, the department of  law  shall  establish
     5  the  homeowner  protection  program  to  ensure the availability of free
     6  housing counseling and legal services to homeowners for the purposes  of
     7  mitigating  threats  to  homeownership  including,  but  not limited to,
     8  homeownership retention, home preservation, estate planning, as  a  tool
     9  for  preventing theft of real property and other scams targeted to home-
    10  owners, preventing avoidable foreclosures and  displacement,  preserving
    11  home  equity,  preserving  homeownership,  especially  in communities of
    12  color, and for any other purposes related to  preserving  homeownership.
    13  Such program shall be funded by annual appropriation.
    14    (b)  The  department  of law shall provide grants to eligible not-for-
    15  profit housing counseling organizations and legal services organizations
    16  to provide services under the program. Such services shall include,  but
    17  not  be limited to, assistance with loss mitigation and loan and workout
    18  applications and negotiations; assistance  in  applying  for  assistance
    19  programs for homeowners; assistance with resolving property tax, utility
    20  and  building code violation debts and liens; representation in mortgage
    21  and tax and utility lien foreclosure litigation, limited scope represen-
    22  tation at settlement conferences pursuant to  rule  thirty-four  hundred
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03310-02-5

        A. 1625--A                          2
 
     1  eight  of  the civil practice law and rules; assistance to unrepresented
     2  litigants with answers and motions in judicial  foreclosure  proceedings
     3  and  brief  advice;  assistance  to homeowners victimized by deed fraud,
     4  distressed  property  consultant,  partition  and  other  scammers;  and
     5  redress  of  predatory  and  discriminatory  lending,  abusive  mortgage
     6  servicing,  and  property flipping, including affirmative litigation and
     7  administrative complaints with federal, state  and  local  fair  housing
     8  agencies; and for whatever other purpose deemed necessary by the depart-
     9  ment of law to preserve homeownership.
    10    2. (a) The department of law shall establish criteria for selection of
    11  grant  applications,  review  applications and make awards, and exercise
    12  and perform such other functions as are related to the purposes of  this
    13  section.
    14    (b)  The  department  of  law  shall  make one-year grants, within the
    15  amounts appropriated for that purpose, to not-for-profit  housing  coun-
    16  seling  organizations  serving homeowners at risk of losing their homes,
    17  and legal services organizations, to  provide  counseling  services  and
    18  legal  representation of persons who reside in the state of New York who
    19  are facing threats to homeownership.
    20    (c) The department of law  shall  make  one-year  grants,  within  the
    21  amounts appropriated for that purpose, to ensure that housing counseling
    22  and  legal  services are available free of charge to homeowners in every
    23  county of the state  and  to  ensure  that  the  statutory  mandates  of
    24  sections  thirteen  hundred  three and thirteen hundred four of the real
    25  property actions and proceedings law and rule thirty-four hundred  eight
    26  of the civil practice law and rules are fulfilled.
    27    (d)  The  department  of  law  shall  make one-year grants, within the
    28  amounts appropriated for that  purpose,  to  ensure  adequate  training,
    29  technical assistance and support is provided to the not-for-profit hous-
    30  ing counseling and legal services organizations providing services under
    31  this  section,  and  to  ensure  the management of grants and supportive
    32  services including, but not limited to,  toll-free  hotlines,  dedicated
    33  outreach,  technical expertise and other assistance is made available to
    34  the organizations providing services.
    35    3. Each  not-for-profit  housing  counseling  organization  and  legal
    36  services  organization  receiving  a grant under this section shall at a
    37  minimum report to the attorney general no later than  sixty  days  after
    38  the end of each one-year grant.  Such report shall include an accounting
    39  of the funds received by the grant and the services provided.
    40    § 2. This act shall take effect immediately.
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