Forrest, Shimsky, Reyes, Glick, Colton, Santabarbara, De Los Santos, Steck, Brabenec, DeStefano,
Brown K
MLTSPNSR
Add §214-k, amd R3403, CPLR; add §219-f, Judy L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8222
SPONSOR: Simon 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.
STATE OF NEW YORK
________________________________________________________________________
8222
2025-2026 Regular Sessions
IN ASSEMBLY
May 5, 2025
___________
Introduced by M. of A. SIMON -- read once and referred 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:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 214-k to read as follows:
3 § 214-k. Certain deed theft actions. Notwithstanding any provision of
4 law which imposes a period of limitation to the contrary and the
5 provisions of any other law pertaining to the filing of a notice of
6 claim or a notice of intention to file a claim as a condition precedent
7 to commencement of an action or special proceeding, every civil claim or
8 cause of action brought against any party alleging the theft, fraud, or
9 deceit in obtaining the title to a residential dwelling, which is barred
10 as of the effective date of this section because the applicable period
11 of limitation has expired, and/or the plaintiff previously failed to
12 file a notice of claim or a notice of intention to file a claim, is
13 hereby revived, and action thereon may be commenced not earlier than six
14 months after, and not later than one year and six months after the
15 effective date of this section. In any such claim or action, dismissal
16 of a previous action, ordered before the effective date of this section,
17 on grounds that such previous action was time barred, and/or for failure
18 of a party to file a notice of claim or a notice of intention to file a
19 claim, shall not be grounds for dismissal of a revival action pursuant
20 to this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11599-01-5
A. 8222 2
1 § 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
2 law and rules, as amended by chapter 203 of the laws of 2022, is amended
3 to read as follows:
4 7. any action which has been revived pursuant to section two hundred
5 fourteen-g [or], two hundred fourteen-j, or two hundred fourteen-k of
6 this chapter.
7 § 3. The judiciary law is amended by adding a new section 219-f to
8 read as follows:
9 § 219-f. Rules reviving certain actions; deed theft. The chief admin-
10 istrator of the courts shall promulgate rules for the timely adjudi-
11 cation of revived actions brought pursuant to section two hundred four-
12 teen-k of the civil practice law and rules.
13 § 4. The provisions of this act shall be severable, and if any clause,
14 sentence, paragraph, subdivision or part of this act shall be adjudged
15 by any court of competent jurisdiction to be invalid, such judgment
16 shall not affect, impair, or invalidate the remainder thereof, but shall
17 be confined in its operation to the clause, sentence, paragraph, subdi-
18 vision or part thereof directly involved in the controversy in which
19 such judgment shall have been rendered.
20 § 5. This act shall take effect immediately; provided, however, that
21 section three of this act shall take effect three months after this act
22 shall have become a law.
