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A 11299

Enacts the "deed theft eviction protection act" in relation to prohibiting the eviction, removal, or dispossession of an owner of record from residential real property while title to such property is contested

2025 Regular Session

The act shields owners of record in residential property from eviction while title disputes are actively contested in court.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · A 11299

Summary of Bill A. 11299 (2025-2026) – Deed Theft Eviction Protection Act

Purpose and Intent

  • Creates a protective mechanism to prevent eviction, removal, or dispossession of an “owner of record” from residential real property while title to that property is actively being challenged in a court.
  • Addresses concerns about deed theft, fraudulent conveyances, forged deeds, coercion, undue influence, and disputed inheritance or ownership claims that can displace homeowners before legal ownership is resolved.
  • Aims to preserve possession, prevent irreparable harm, and shield homeowners and families during ongoing title disputes.

Key Provisions

  • New Statutory Provision: Adds a new section 756-b to the Real Property Actions and Proceedings Law, titled “Eviction protection where title is actively contested.”

  • Definitions (Section 756-b(1)):

    • Owner of record: A person whose name appears as an owner or with a recorded or colorable ownership interest (including heirs, executors, trustees, etc.), or anyone asserting ownership through estate, inheritance, deed, judgment, decree, or similar instruments.
    • Residential real property: One- to four-family homes, including condo or cooperative units, used as a home.
    • Actively contested: A live court action or filing challenging title, ownership, deed validity, conveyance, inheritance, or the right to possess the property in a court of competent jurisdiction.

  • Stay of Eviction/Removal (Section 756-b(2)):

    • Upon showing that title or ownership is actively contested, the court must stay the issuance or execution of an eviction/removal warrant in actions to recover possession, including summary proceedings.

  • Grounds for Protection (Section 756-b(3)):

    • Stay may be granted for disputes involving: deed theft, forgery, fraud, coercion, undue influence, lack of capacity, improper notarization, fraudulent inducement, defective conveyance, disputed heirship, improper estate transfer, unlawful transfer, or any claim affecting ownership or possession.

  • Proof of Active Contest (Section 756-b(4)):

    • Owner of record can demonstrate active contest by submitting relevant court filings such as index numbers, petitions, complaints, orders to show cause, notices of pendency, surrogate’s citations, objections, motions, etc.

  • Duration of Protection (Section 756-b(5)):

    • The stay remains until a final court determination resolving the dispute, unless a court finds good cause to modify or lift the stay.

  • Emergency Relief (Section 756-b(6)):

    • Courts may issue orders addressing waste, illegal lockouts, health/safety threats, dangerous conditions, or preservation needs, but not resulting in eviction/removal of the owner of record until title dispute is resolved.

  • Rights and Liberal Construction (Sections 756-b(7)-(8)):

    • Does not waive other rights or remedies.
    • Courts should liberally construe the statute to protect homeowners and lawful occupants during contested title.

  • Effective Date (Section 756-b(9)):

    • Act takes effect immediately and applies to all pending and future actions where a warrant of eviction/removal has not yet been executed.

Affected Parties and Impacts

  • Primary Beneficiaries: Owners of record of residential property whose ownership or title is actively being contested in court.
  • Secondary Beneficiaries: Heirs, occupants, tenants, executors, administrators, and others with an ownership or possessory interest who would benefit from the injunction against eviction during disputes.
  • Judicial and Enforcement Sectors: Courts handling eviction matters would implement stays when title is contested; protections may affect timelines for removing occupants.

Procedural and Timeline Considerations

  • Applies immediately to pending and future actions where eviction warrants have not been executed.
  • Requires courts to evaluate proof of active title contest and impose a stay accordingly.
  • Stay continues until final adjudication of the title dispute, subject to potential modification for good cause.

Compiled from official sources — confirm details with the bill’s official record.

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