Enacts the "deed theft eviction protection act" in relation to prohibiting the eviction, removal, or dispossession of an owner of record from residential real…

◆ The sponsor's argument

Why Leroy Comrie says this is needed

Deed theft is a growing threat to homeowners, heirs, and families across New York State, particularly in communities where rising property values have intensified predatory real estate activity. The New York Attorney General has identified deed theft as the fraudulent transfer of a prop- erty's deed or title without the true owner's knowledge or consent, and directs New Yorkers who believe they are victims to contact the Office of the Attorney General or, the Homeowner Protection Program. New York has already recognized the seriousness of deed theft through recent legal reforms. In 2023, New York enacted legislation relating to theft of real property and protections for victims, including provisions authorizing stays in certain proceedings involving theft or fraud. Current RPAPL 756-a requires courts to stay proceedings to recover possession of or quiet title to residential real property when a charg- ing instrument has been filed against a party for deed theft or related crimes involving theft or fraud in obtaining title. However, a critical gap remains. Many homeowners and heirs are forced to defend their homes in civil eviction or removal proceedings while the underlying ownership, deed, title, or inheritance disput e is still pending in Supreme Court or Surrogate's Court. In these cases, the person seeking eviction may be relying on the very deed, transfer, or title claim that is being chal- lenged as fraudulent, forged, coerced, improper, or otherwise invalid. This creates a grave injustice: a homeowner or owner of record may be pushed out of their home before a court has determined who lawfully owns the property. The Deed Theft Eviction Protection Act addresses this gap by establishing a clear rule: No owner of record should be evicted, removed, or dispossessed from their home while the title to that home is actively being challenged in a court of competent jurisdiction. The bill preserves the status quo, protects families from irreparable displace- ment, and ensures that possession does not change hands before ownership is resolved. It also respects court authority by allowing emergency relief, where necessary to protect health, safety, or the condition of the property. This legislation is especially important for long-time homeowners, seniors, heirs' property families, and communities of color that have been targeted by deed theft, pre datory transfers, and specu- lative real estate practices.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.