New York A 8863: Authorizes towns to establish community preservation funds

Bill Text

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A08863 Summary:

BILL NOA08863A

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SAME ASSAME AS S07721-A

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SPONSORCunningham

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COSPNSRLevenberg, Hyndman, Forrest, Gallagher, Shrestha, Moreno, Mitaynes

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MLTSPNSR

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Add §891, RPAP L

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Establishes a private right of action for deed theft; provides that victims of deed theft may maintain an action against a deed thief or a bank that provides a loan that assists in the commission of deed theft; authorizes victims of deed theft to recover actual damages, treble damages and attorneys' fees; defines terms.

Go to top A08863 Actions:

BILL NOA08863A

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06/09/2025referred to judiciary

01/07/2026referred to judiciary

05/15/2026amend and recommit to judiciary

05/15/2026print number 8863a

Go to topA08863 Committee&nbspVotes:

Go to topA08863 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08863 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8863--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 9, 2025
 ___________

 Introduced by M. of A. CUNNINGHAM, LEVENBERG, HYNDMAN, FORREST, GALLAGH-
 ER, SHRESTHA, MORENO, MITAYNES -- read once and referred to the
 Committee on Judiciary -- recommitted to the Committee on Judiciary in
 accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 AN ACT to amend the real property actions and proceedings law, in
 relation to establishing a right of action for deed theft

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "deed theft: private right of action act".
 3 § 2. The real property actions and proceedings law is amended by
 4 adding a new section 891 to read as follows:
 5 § 891. Action for deed theft. 1. Definitions. For the purposes of this
 6 section, the following terms shall have the following meanings:
 7 (a) "Lender" means any trust company, private banker, savings bank,
 8 safe deposit company, licensed lender, savings and loan association,
 9 credit union, investment company, or mutual trust company, as such terms
 10 are defined in section two of the banking law, that provides a loan that
 11 encumbers covered property or was collateralized by covered property.
 12 (b) "Covered property" means residential real property, including but
 13 not limited to, one-to-six family dwellings, condominium units, cooper-
 14 ative apartments, lots in manufactured home parks, and securities that
 15 entitle the holder thereof to possession or occupancy of such property.
 16 (c) "Deed theft" means the act of taking, transferring or encumbering
 17 title to covered property without the owner's approval or knowledge, or
 18 through unfair, deceptive or abusive acts or practices. Deed theft
 19 includes, but is not limited to actions taken by a natural person or
 20 entity whereby such person or entity:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10740-05-6

 A. 8863--A 2

 1 (i) alters, falsifies, forges, or misrepresents any written instrument
 2 involved in the conveyance or financing of covered property, such as a
 3 residential or commercial deed or title, with the effect of deceiving,
 4 defrauding, or unlawfully transferring or encumbering the ownership
 5 rights or a portion thereof of covered property;
 6 (ii) misrepresents themselves as the owner or authorized represen-
 7 tative of covered property to induce others to rely on such false infor-
 8 mation in order to obtain financing;
 9 (iii) takes, obtains, or transfers title or ownership of covered prop-
 10 erty by fraud, misrepresentation, forgery, larceny, false pretenses,
 11 false promise, or any other fraudulent or deceptive practice; or
 12 (iv) fails to disclose materially relevant information in order to
 13 induce an unfair transfer or encumbrance of the ownership rights of
 14 covered property.
 15 (d) "Deed thief" means any person or entity that commits deed theft.
 16 (e) "High-value experienced commercial transaction" means a trans-
 17 action the value of which exceeds six million dollars where all parties
 18 to the transaction are lice