Protections meant to guard New York homeowners against fraud that could lead to their property being wrongfully taken advanced through the state Assembly on Tuesday and will soon head to Gov. Kathy Hochul's desk.
The measure is meant to address deed theft, which occurs when a title to another person's property is taken through fraud or forgery — a circumstance that more often affects older homeowners and homeowners of color.
Neighborhoods that are being gentrified are especially at risk, said New York Attorney General Letitia James, who had originally drafted the measure, which was sponsored by Sen. Brian Kavanagh and Assemblymember Helene Weinstein.
The legislation was given final approval in the Legislature as the state Assembly meets briefly this week. Lawmakers and Hochuld did not agree to broad-based changes to New York's housing and tenant protection laws, a stated goal for both the Legislature and governor in January.
Nevertheless, more targeted bills for housing have been approved.
“Deed theft robs New Yorkers, especially older adults and people of color, of their most valuable asset,” James said. “Homeowners rarely have any idea that they are the victims of deed theft, and only find out when they are forced to endure humiliating and terrifying situations to try and keep their own houses. This legislation will help New Yorkers to fight back against deed theft, and will empower local officials to better address this heartless and heinous crime."
The proposal includes civil law changes that will allow prosecutors to file legal "red flags" on homes if they suspect deed theft is occurring. The move would prevent people attempting to scam a property owner from taking out loans against the property.
The measure would also make it possible for people to stay in their homes and pause eviction proceedings when they show evidence fraud against them is occurring. At the same time, expanded protections for anti-home theft prevention are being put in place.