Relates to representation in certain real property actions.
Summary
This bill would create a right to assigned counsel for a homeowner who is financially unable to obtain a lawyer in a real property action. It adds a new section to the Real Property Actions and Proceedings Law stating that, in such cases, the court must appoint counsel, with that appointment carried out under the existing county-law framework for assigned counsel.
The bill also amends the County Law to include certain real property actions within the state’s Article 18-B assigned counsel system. In practical terms, it expands the categories of proceedings for which counties must maintain plans to provide legal representation to eligible low-income individuals, alongside existing criminal, family court, surrogate’s court, correction law, and mental hygiene law matters. The bill would take effect on January 1 following enactment.
Impact
The bill would amend both the Real Property Actions and Proceedings Law and the County Law to require court-appointed counsel for financially eligible homeowners in specified real property actions. It would extend Article 18-B county indigent defense obligations to cover these civil housing/property matters, requiring counties and certain cities to include them in their counsel-assignment plans and related service provisions.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the available context suggests a straightforward, pro-access-to-counsel measure with no documented opposition in the materials provided. The bill appears aimed at improving legal representation for homeowners facing real property litigation, which generally indicates support for due process and housing stability.
Contention
The main likely point of contention is fiscal and administrative: counties and cities would bear the responsibility of providing assigned counsel and related services in an expanded category of cases. Another possible issue is policy scope, since the bill creates a right to counsel for homeowners in real property actions but does not extend the same guarantee to all parties in such disputes, which could raise questions about fairness and implementation boundaries.
Provides representation to veterans that are at or below four hundred percent of the federal poverty guidelines for matters involving children, sustenance and real property proceedings.