New York S 10293: 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

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S10293 Summary:

BILL NOS10293 

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SAME ASSAME AS A11299

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add §756-b, RPAP L

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Provides that in an action or proceeding to recover possession of residential real property, the court shall stay the issuance or execution of a warrant of eviction or removal where an owner of record demonstrates that title, ownership, deed validity, conveyance, heirship, inheritance interest, or the right to possess the property is contested in a court of competent jurisdiction, and such stay shall remain in effect until the court in which such interest in the property is contested issues a final judgment unless the court issuing such stay finds good cause to modify or lift such stay.

Go to top S10293 Actions:

BILL NOS10293 

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05/11/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

Go to topS10293 Committee&nbspVotes:

Go to topS10293 Floor&nbspVotes:

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

Go to topS10293 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10293

 IN SENATE

 May 11, 2026
 ___________

 Introduced by Sen. COMRIE -- read twice and ordered printed, and when
 printed to be committed to the Committee on Housing, Construction and
 Community Development

 AN ACT to amend the real property actions and proceedings law, in
 relation to prohibiting the eviction, removal, or dispossession of an
 owner of record from residential real property while title to such
 property is being actively contested in a court of competent jurisdic-
 tion

 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 eviction protection act".
 3 § 2. Legislative intent. The legislature finds that deed theft, frau-
 4 dulent conveyances, forged deeds, predatory transfers, coercion, undue
 5 influence, and disputed estate or inheritance claims have resulted in
 6 the displacement of homeowners, heirs, and families from residential
 7 real property before courts have fully determined rightful ownership.
 8 The legislature further finds that an owner of record should not be
 9 evicted, removed, or dispossessed from their home while the title to
 10 that home is actively being challenged in a court of competent jurisdic-
 11 tion.
 12 The purpose of this act is to preserve possession, prevent irreparable
 13 harm, and protect homeowners and families from displacement while a
 14 court determines whether a deed, title, transfer, inheritance interest,
 15 or ownership claim is valid.
 16 § 3. The real property actions and proceedings law is amended by
 17 adding a new section 756-b to read as follows:
 18 § 756-b. Eviction protection where title is actively contested. 1.
 19 Definitions. For the purposes of this section:
 20 (a) "Owner of record" shall mean a natural person whose name appears
 21 as an owner, grantor, grantee, heir, distributee, executor, administra-
 22 tor, trustee, or other person with a recorded or colorable ownership
 23 interest in residential real property, including any person claiming an

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15801-01-6

 S. 10293 2

 1 ownership interest through estate, inheritance, deed, judgment, decree,
 2 or other legal instrument.
 3 (b) "Residential real property" shall mean real property improved by a
 4 one-family, two-family, three-family, or four-family dwelling, condomin-
 5 ium unit, cooperative unit, or other residential dwelling used or occu-
 6 pied, in whole or in part, as a home.
 7 (c) "Actively contested" shall mean that a claim, petition, action,
 8 motion, order to show cause, notice of pendency, complaint, citation,
 9 objection, or other pleading has been filed in supreme court, surro-
 10 gate's court, or another court of competent jurisdiction challenging,
 11 disputing, or seeking a determination concerning title, ownership, heir-
 12 ship, deed validity, conveyance, transfer, inheritance interest, or the
 13 right to possess the subject residential real property.
 14 2. Stay of eviction, removal, or dispossession. Notwithstanding any
 15 inconsistent provision of l