Bill Text: NY S07297 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Vetoed) 2024-12-21 - VETOED MEMO.134 [S07297 Detail]
Download: New_York-2023-S07297-Amended.html
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Vetoed) 2024-12-21 - VETOED MEMO.134 [S07297 Detail]
Download: New_York-2023-S07297-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7297--B 2023-2024 Regular Sessions IN SENATE May 19, 2023 ___________ Introduced by Sens. KAVANAGH, CHU, COONEY, GOUNARDES, HINCHEY, JACKSON, RYAN -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- 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 homeownership 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. Homeownership protection program. 1. Legislative intent. The 4 legislature declares that the establishment of the homeownership 5 protection program (HOPP) is necessary to ensure continuation of New 6 York's investment in its statewide network of non-profit civil legal 7 services providers and housing counseling agencies offering a range of 8 homeownership retention and preservation services to homeowners in every 9 county in the state. The program is also necessary to ensure that the 10 statutory mandates of sections thirteen hundred three and thirteen 11 hundred four of the real property actions and proceedings law and rule 12 thirty-four hundred eight of the civil practice law and rules are 13 fulfilled, so that free housing counseling and legal services are avail- 14 able to homeowners as provided for by sections thirteen hundred three 15 and thirteen hundred four of the real property actions and proceedings 16 law in every county, and so that legal services are available to assist 17 homeowners answering complaints and participating in mandatory settle- 18 ment conferences pursuant to rule thirty-four hundred eight of the civil 19 practice law and rules. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10393-07-4S. 7297--B 2 1 2. Counseling and legal representation of individuals who are facing 2 loss of their home or threats to homeownership. (a) Within one year of 3 the effective date of this section, the department of law shall estab- 4 lish the homeownership protection program to ensure the availability of 5 free housing counseling and legal services to homeowners for the 6 purposes of mitigating threats to homeownership including, but not 7 limited to, homeownership retention, home preservation, estate planning, 8 as a tool for preventing theft of real property and other scams targeted 9 to homeowners, preventing avoidable foreclosures and displacement, 10 preserving home equity, preserving homeownership, especially in communi- 11 ties of color, and for any other purposes related to preserving homeown- 12 ership. Such program shall be funded by annual appropriation by the 13 legislature. 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 23 eight of the civil practice law and rules; assistance to unrepresented 24 litigants with answers and motions in judicial foreclosure proceedings 25 and brief advice; assistance to homeowners victimized by deed fraud, 26 distressed property consultant, partition and other scammers; and 27 redress of predatory and discriminatory lending, abusive mortgage 28 servicing, and property flipping, including affirmative litigation and 29 administrative complaints with federal, state and local fair housing 30 agencies; and for whatever other purpose deemed necessary by the depart- 31 ment of law to preserve homeownership. 32 3. Program administration. (a) The department of law shall establish 33 criteria for selection of grant applications, review applications and 34 make awards, and exercise and perform such other functions as are 35 related to the purposes of this section. 36 (b) The department of law shall make one-year grants, within the 37 amounts appropriated for that purpose, to not-for-profit housing coun- 38 seling organizations serving homeowners at risk of losing their homes, 39 and legal services organizations, to provide counseling services and 40 legal representation of persons who reside in the state of New York who 41 are facing threats to homeownership. 42 (c) The department of law shall make one-year grants, within the 43 amounts appropriated for that purpose, to ensure that housing counseling 44 and legal services are available free of charge to homeowners in every 45 county of the state and to ensure that the statutory mandates of 46 sections thirteen hundred three and thirteen hundred four of the real 47 property actions and proceedings law and rule thirty-four hundred eight 48 of the civil practice law and rules are fulfilled. 49 (d) The department of law shall make one-year grants, within the 50 amounts appropriated for that purpose, to ensure adequate training, 51 technical assistance and support is provided to the not-for-profit hous- 52 ing counseling and legal services organizations providing services under 53 this section, and to ensure the management of grants and supportive 54 services including, but not limited to, toll-free hotlines, dedicated 55 outreach, technical expertise and other assistance is made available to 56 the organizations providing services.S. 7297--B 3 1 4. Reporting. Each not-for-profit housing counseling organization and 2 legal services organization receiving a grant under this section shall 3 at a minimum report to the attorney general no later than sixty days 4 after the end of each one-year grant. Such report shall include an 5 accounting of the funds received by the grant and the services provided. 6 § 2. This act shall take effect immediately.
