Keeping New Yorkers in Their Homes

By: Office of the New York State Attorney General AG Tish James, NYS Assembly Member Landon Dais, Esq., NYS Senator Zellnor Y. Myrie

Imagine: since the day you were born, you’ve lived in the same home that’s been in your family for generations. Then a knock on the front door changes everything. You’re being kicked out of your own home by someone who says they’re the owner. They show you the deed to your home, a signature you never signed on the dotted line.

For some, this nightmare is reality. Too many New Yorkers have been victims of deed theft, their homes stolen right from underneath them without their knowledge. That’s why we introduced and passed a new law to help keep people in their homes, and it takes effect this week.

Deed theft occurs when someone takes the title, or deed, to another’s home without the homeowner’s knowledge or approval. Scammers use it to illegally obtain ownership of a property, literally stealing someone’s home while they’re living in it. This crime disproportionately impacts elderly homeowners and homeowners of color, especially in gentrifying neighborhoods.

As property values have soared in these communities, homes have become gold mines and prime targets for fraudsters and con artists. Deed theft’s nefarious nature has made these tough cases to crack, and victims were often unable to undo the fraudulent property transfer or afford the steep costs of litigation.

This new law changes the game and will help keep people in the homes and communities they have invested in for years.

First, the law establishes deed theft as a crime of larceny. Previously. deed theft was incredibly difficult to prosecute criminally. With this change in the penal law, we can now ensure that the charges we bring against deed thieves really do fit the crime.

This critical change will allow us to demonstrate to prosecutors and judges that deed theft is a criminal offense not a matter handled in civil court. We have heard stories of judges treating deed theft like a simple contract dispute rather than real theft. By classifying deed theft as larceny, we have significantly changed the way we can hold perpetrators accountable for this crime.

Second, this new law changes the statute of limitations to prosecute deed theft crimes so that prosecution must begin within five years of the theft or within two years after the rightful homeowner realizes their deed has been stolen, whichever occurs later. Victims of deed theft often do not realize they have been robbed of their homes until years after the crime has been committed, which is often too late to seek justice. With the revised statute of limitations, the Office of the Attorney General (OAG) will now have more time to investigate and prosecute these crimes.

Lastly, this new law grants OAG the original criminal jurisdiction to prosecute deed theft crimes alongside District Attorneys throughout the state. Previously, OAG was not able to prosecute these crimes without a referral, often delaying the process or prohibiting justice from being served. Now, we can take quick action against these crimes.

This new law is a step in the right direction, but we must continue to educate our communities about the risks of deed theft, empower them with tools to protect their homes, and ensure that every homeowner knows their rights and the resources available to them.

Buying a home is the biggest investment most of us will ever make. It’s a stabilizing economic force and financial security for generations. For victims, deed theft isn’t just theft of property, it is theft of family legacy, generational wealth, and sense of belonging.

New Yorkers must be able to stay in their homes. Our new law lets us do it.

Link to Op-ed