Provides that in an action or proceeding to recover possession of residential real property, the court shall stay the issuance or execution of a warrant of eviction or removal where an owner of record demonstrates that title, ownership, deed validity, conveyance, heirship, inheritance interest, or the right to possess the property is contested in a court of competent jurisdiction, and such stay shall remain in effect until the court in which such interest in the property is contested issues a final judgment unless the court issuing such stay finds good cause to modify or lift such stay.
S T A T E O F N E W Y O R K
________________________________________________________________________
11299
I N A S S E M B L Y
May 11, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Zinerman) --
read once and referred to the Committee on Judiciary
AN ACT to amend the real property actions and proceedings law, in
relation to prohibiting the eviction, removal, or dispossession of an
owner of record from residential real property while title to such
property is being actively contested in a court of competent jurisdic-
tion
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "deed theft eviction protection act".
§ 2. Legislative intent. The legislature finds that deed theft, frau-
dulent conveyances, forged deeds, predatory transfers, coercion, undue
influence, and disputed estate or inheritance claims have resulted in
the displacement of homeowners, heirs, and families from residential
real property before courts have fully determined rightful ownership.
The legislature further finds that an owner of record should not be
evicted, removed, or dispossessed from their home while the title to
that home is actively being challenged in a court of competent jurisdic-
tion.
The purpose of this act is to preserve possession, prevent irreparable
harm, and protect homeowners and families from displacement while a
court determines whether a deed, title, transfer, inheritance interest,
or ownership claim is valid.
§ 3. The real property actions and proceedings law is amended by
adding a new section 756-b to read as follows:
§ 756-B. EVICTION PROTECTION WHERE TITLE IS ACTIVELY CONTESTED. 1.
DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "OWNER OF RECORD" SHALL MEAN A NATURAL PERSON WHOSE NAME APPEARS
AS AN OWNER, GRANTOR, GRANTEE, HEIR, DISTRIBUTEE, EXECUTOR, ADMINISTRA-
TOR, TRUSTEE, OR OTHER PERSON WITH A RECORDED OR COLORABLE OWNERSHIP
INTEREST IN RESIDENTIAL REAL PROPERTY, INCLUDING ANY PERSON CLAIMING AN
OWNERSHIP INTEREST THROUGH ESTATE, INHERITANCE, DEED, JUDGMENT, DECREE,
OR OTHER LEGAL INSTRUMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.