BILL NUMBER: S7491
SPONSOR: BRISPORT
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the
statute of limitations for civil actions related to certain deed theft
actions, reviving such actions otherwise barred by the existing statute
of limitations and granting trial preference to such actions; and to
amend the judiciary law, in relation to directing the chief administra-
tor of the courts to promulgate rules for the timely adjudication of
certain revived actions
 
SUMMARY OF PROVISIONS:
Section one amends the civil practice law and rules by adding a new 2
section 214-k.
Section two amends paragraph 7 of subdivision (a) of rule 3403 of the
civil practice law and rules, to reference section 214-k.
Section three amends the judiciary law is amended by adding a new
section 219-f.
Section four states that the provisions of this act shall be severable,
and that if any part of this act shall be adjudged by any court to be
invalid, such judgment shall not invalidate the remainder of the law.
Section five sets forth the effective date.
 
JUSTIFICATION:
"Deed theft" is the tactic of using fraudulent or misleading tactics to
take the title, or deed, to another person's home without the homeown-
er's knowledge or approval. As real estate capital has flooded into
rapidly gentrifying neighborhoods of New York, this tactic has been
increasingly used to separate elderly homeowners and homeowners of
color---especially Black and Brown homeowners---from their homes.
It has recently become apparent that many clear cases of deed theft,
including cases with underlying acts of fraud that took place in the
wake of the 2008 financial crisis, have still not been appropriately
resolved. In some of these cases, the New York State Attorney General
has declined to become involved, citing the statute of limitations as an
impediment to enforcement.
This legislation would simply create a one-year window for the revival
of otherwise time-barred claims for deed theft. With this new window,
individuals and law enforcement agencies will have the ability to pursue
appropriate cases of deed theft.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
three of this act shall take effect three months after this act shall
have become a law.