NY State Senate Bill 2025-S7491

Senate Bill S7491

2025-2026 Legislative Session

Relates to the statute of limitations for certain deed theft actions, revives such actions otherwise barred by the existing statute of limitations, and grants trial preference to such actions

download bill text pdf

Current Bill Status - On Floor Calendar

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2025	1st report cal.1207
Apr 17, 2025	referred to judiciary

Votes

- May 20, 2025 - Judiciary Committee Vote
  S7491
  
  13
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: May 20, 2025
      
      aye (13)
      
      Bailey
      
      Cooney
      
      Gounardes
      
      Hoylman-Sigal
      
      Liu
      
      Mayer
      
      Myrie
      
      Parker
      
      Ramos
      
      Ryan
      
      Sepúlveda
      
      Skoufis
      
      Stavisky
      
      aye wr (5)
      
      Canzoneri-Fitzpatrick
      
      Lanza
      
      O'Mara
      
      Palumbo
      
      Rhoads
      
      excused (1)
      
      Martins

2025-S7491 (ACTIVE) - Details

See Assembly Version of this Bill:: A8222
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-k, amd R3403, CPLR; add §219-f, Judy L

2025-S7491 (ACTIVE) - Summary

Relates to the statute of limitations for certain deed theft actions; revives such actions otherwise barred by the existing statute of limitations; grants trial preference to such actions; directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.

2025-S7491 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S7491 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7491
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 17, 2025
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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 stat-
   ute of limitations and granting trial preference to such actions;  and
   to  amend the judiciary law, in relation to directing the chief admin-
   istrator of the courts to promulgate rules for the timely adjudication
   of certain revived actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-k to read as follows:
   §  214-K. CERTAIN DEED THEFT ACTIONS. NOTWITHSTANDING ANY PROVISION OF
 LAW WHICH IMPOSES A  PERIOD  OF  LIMITATION  TO  THE  CONTRARY  AND  THE
 PROVISIONS  OF  ANY  OTHER  LAW  PERTAINING TO THE FILING OF A NOTICE OF
 CLAIM OR A NOTICE OF INTENTION TO FILE A CLAIM AS A CONDITION  PRECEDENT
 TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, EVERY CIVIL CLAIM OR
 CAUSE  OF ACTION BROUGHT AGAINST ANY PARTY ALLEGING THE THEFT, FRAUD, OR
 DECEIT IN OBTAINING THE TITLE TO A RESIDENTIAL DWELLING, WHICH IS BARRED
 AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE THE  APPLICABLE  PERIOD
 OF  LIMITATION  HAS  EXPIRED,  AND/OR THE PLAINTIFF PREVIOUSLY FAILED TO
 FILE A NOTICE OF CLAIM OR A NOTICE OF INTENTION  TO  FILE  A  CLAIM,  IS
 HEREBY REVIVED, AND ACTION THEREON MAY BE COMMENCED NOT EARLIER THAN SIX
 MONTHS  AFTER,  AND  NOT  LATER  THAN  ONE YEAR AND SIX MONTHS AFTER THE
 EFFECTIVE DATE OF THIS SECTION. IN ANY SUCH CLAIM OR  ACTION,  DISMISSAL
 OF A PREVIOUS ACTION, ORDERED BEFORE THE EFFECTIVE DATE OF THIS SECTION,
 ON GROUNDS THAT SUCH PREVIOUS ACTION WAS TIME BARRED, AND/OR FOR FAILURE
 OF  A PARTY TO FILE A NOTICE OF CLAIM OR A NOTICE OF INTENTION TO FILE A
 CLAIM, SHALL NOT BE GROUNDS FOR DISMISSAL OF A REVIVAL  ACTION  PURSUANT
 TO THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11599-01-5

 S. 7491                             2
 
   § 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
 law and rules, as amended by chapter 203 of the laws of 2022, is amended
 to read as follows:
   7.  any  action which has been revived pursuant to section two hundred
 fourteen-g [or], two hundred fourteen-j, OR TWO  HUNDRED  FOURTEEN-K  of
 this chapter.
   §  3.  The  judiciary  law is amended by adding a new section 219-f to
 read as follows:
   § 219-F. RULES REVIVING CERTAIN ACTIONS; DEED THEFT. THE CHIEF  ADMIN-
 ISTRATOR  OF  THE  COURTS  SHALL PROMULGATE RULES FOR THE TIMELY ADJUDI-
 CATION OF REVIVED ACTIONS BROUGHT PURSUANT TO SECTION TWO HUNDRED  FOUR-
 TEEN-K OF THE CIVIL PRACTICE LAW AND RULES.
   § 4. The provisions of this act shall be severable, and if any clause,
 sentence,  paragraph,  subdivision or part of this act shall be adjudged
 by any court of competent jurisdiction  to  be  invalid,  such  judgment
 shall not affect, impair, or invalidate the remainder thereof, but shall
 be  confined in its operation to the clause, sentence, paragraph, subdi-
 vision or part thereof directly involved in  the  controversy  in  which
 such judgment shall have been rendered.
   §  5.  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.

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