Senate Bill S6577

Signed By Governor
2023-2024 Legislative Session

Relates to the theft of real property and protecting victims of real property theft

download bill text pdf

Sponsored By

Current Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S6577 (ACTIVE) - Details

See Assembly Version of this Bill:
A6656
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Add §756-a, amd §1501, RPAP L; amd §§265-a, 265-b & 266, RP L; amd §420.45, CP L; amd §6501, CPLR

2023-S6577 (ACTIVE) - Summary

Relates to the theft of real property; provides certain protections for victims of real property theft; authorizes a stay of foreclosure proceedings pending an investigation into theft or fraud.

2023-S6577 (ACTIVE) - Sponsor Memo

2023-S6577 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6577
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 27, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT to amend the real property actions and proceedings law, the real
   property law, the criminal procedure law, and the civil  practice  law
   and  rules,  in relation to the theft of real property and protections
   for victims of real property theft
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property actions and proceedings law is amended by
 adding a new section 756-a to read as follows:
   § 756-A. STAY OF ACTION OR PROCEEDING WHEN A PARTY'S CLAIM TO TITLE IS
 IN  DISPUTE. 1. (A) A FEDERAL, STATE OR LOCAL GOVERNMENT AGENCY MAY MOVE
 FOR A STAY OF ANY PROCEEDING TO RECOVER POSSESSION OF OR QUIET TITLE  TO
 REAL PROPERTY RELATING TO A RESIDENTIAL DWELLING UNIT OR PROPERTY, BASED
 ON  A  PENDING  GOOD  FAITH INVESTIGATION INTO THE THEFT OR FRAUD IN THE
 TITLE TO, OR THE FINANCING OF, THE PREMISES THAT IS THE SUBJECT  OF  ANY
 PROCEEDING.    UPON THE AGENCY'S SHOWING OF THE PENDENCY OF A GOOD FAITH
 INVESTIGATION, THE COURT SHALL ISSUE A STAY OF THE PROCEEDING, INCLUDING
 STAYING EXECUTION OF A WARRANT OF EVICTION OR ENFORCEMENT OF A  JUDGMENT
 SO LONG AS THE INVESTIGATION IS ONGOING.
   (B)  EVERY  SIX  MONTHS,  THE COURT SHALL SCHEDULE A STATUS CONFERENCE
 WITH THE GOVERNMENT AGENCY AND ANY OTHER PARTIES TO THE ACTION TO REVIEW
 ANY STAY AND TO DETERMINE IF THE INVESTIGATION IS  STILL  CONTINUING  IN
 GOOD  FAITH  AND  SHALL  CONTINUE  THE  STAY OF THE PROCEEDING UNTIL THE
 GOVERNMENT INVESTIGATION IS CLOSED.   IF IT  SHOULD  DEEM  NECESSARY,  A
 COURT MAY REVIEW ANY SUPPORTING DOCUMENTS FILED BY THE GOVERNMENT AGENCY
 IN  CAMERA AND TO BE FILED UNDER SEAL IF DEEMED NECESSARY BY THE GOVERN-
 MENT AGENCY.
   2. THE COURT SHALL STAY ALL PROCEEDINGS TO RECOVER  POSSESSION  OF  OR
 QUIET  TITLE TO REAL PROPERTY RELATING TO A RESIDENTIAL DWELLING UNIT OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10874-02-3
              

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