New York Assembly Bill A07188

New York 2025-2026 Regular Session

• Introduced: 3/21/25
• Refer: 3/21/25
• Refer: 1/7/26

Caption

Provides for free legal representation in certain mortgage foreclosure actions where the homeowner is financially unable to obtain counsel; requires notice of such availability.

Summary

A07188 would create a right to assigned counsel for a homeowner in a private residential foreclosure action if the homeowner is financially unable to obtain an attorney. The bill adds a new section to the Real Property Actions and Proceedings Law establishing that courts must appoint counsel in qualifying foreclosure cases, with the appointment process carried out under the county law’s existing assigned-counsel framework. The bill also updates the required foreclosure notice sent to mortgagors to tell homeowners that they may be entitled to assigned counsel if they cannot afford representation. It further amends the County Law to include certain foreclosure actions within the scope of county-funded legal services plans, and revises the article heading for Article 18-B to reflect that it covers some foreclosure matters as well as criminal and family-related representation.

Impact

If enacted, the bill would expand New York’s right-to-counsel framework beyond criminal and family court matters to include certain residential foreclosure proceedings. It would require counties to provide appointed counsel for eligible homeowners, likely increasing demand on assigned-counsel systems and county funding, while also changing the statutory notice language used in foreclosure cases to inform homeowners of this new right. The measure would affect homeowners facing foreclosure, courts, county governments, and legal aid/assigned counsel providers.

Sentiment

The bill appears to be framed as a homeowner-protection and access-to-justice measure, with the caption and text emphasizing free legal representation for financially unable homeowners and clearer notice of that availability. No committee transcript or vote record is provided, so there is no recorded debate or roll-call sentiment to assess; based on the bill text alone, the overall posture is supportive of expanding legal assistance in foreclosure cases.

Contention

The main likely point of contention is fiscal and administrative: counties would be required to provide counsel in an additional category of cases, which could increase costs and strain existing assigned-counsel systems. Another possible issue is policy scope, since the bill creates a right to counsel in private residential foreclosure actions, expanding a traditionally limited right-to-counsel structure. Supporters would likely focus on preventing wrongful loss of homes and improving fairness for unrepresented homeowners, while opponents or budget-conscious stakeholders may question the mandate and its implementation burden.