New York Attorney General Letitia James announced that a new law establishing deed theft as a crime and expanding the Office of the Attorney General’s (OAG) ability to prosecute such cases goes into effect today. The legislation, co-authored by Attorney General James and sponsored by State Senator Zellnor Myrie and Assemblymember Landon C. Dais, defines deed theft as a crime, amends the statute of limitations to provide more time for homeowners and prosecutors to seek justice, and grants OAG original criminal jurisdiction to prosecute these crimes.
"Deed theft is a merciless crime that robs New Yorkers of their homes, communities, and financial stability," said Attorney General James. "By making deed theft the crime we know it to be, this law gives my office and district attorneys more power to stop these scammers from taking advantage of hardworking people."
State Senator Myrie added, "When the Senate held our hearing on deed theft in 2022, we heard in detail just how easy it is for scammers to prey on unsuspecting homeowners, and how difficult it can be to obtain justice."
Assemblymember Dais stated, "This landmark bill will protect the homeowners in my district and across the great state of New York from con artists that are specifically targeting seniors that own homes."
Deed theft occurs when someone takes the title or deed to another person’s home without their knowledge or approval. It disproportionately impacts elderly homeowners and homeowners of color, especially those in gentrifying neighborhoods.
Under previous New York state law, deed theft was not classified as a crime. The new law amends penal law to make deed theft a form of grand larceny:
- Grand Larceny in the First Degree (Class B Felony) applies to residential real property occupied as a home by at least one person who is elderly, incapacitated, or physically disabled or involves three or more residential properties.
- Grand Larceny in the Second Degree (Class C Felony) applies to one residential property or one commercial mixed-use property with at least one residential unit.
- Grand Larceny in the Third Degree (Class D Felony) applies to one commercial real property.
The statute of limitations has been extended so prosecution must begin within five years of the theft or within two years after the rightful homeowner realizes their deed has been stolen. Additionally, OAG now has concurrent original jurisdiction alongside district attorneys throughout the state.
Last year’s legislation passed by State Senator Brian Kavanagh and Assemblymember Helene Weinstein reformed civil laws related to deed theft. This allowed prosecutors to file legal actions on properties where deed theft occurred or was suspected.
Attorney General James’ recent efforts include convicting Marcus Wilcher for leading a Queens deed theft ring and indicting a Long Island man for allegedly stealing two homes in Harlem valued at over $4.7 million combined.
New Yorkers who believe they are victims of deed theft are encouraged to contact OAG by calling 1(800) 771-7755 or emailing deedtheft@ag.ny.gov. The Homeowner Protection Program offers free housing counseling and legal assistance statewide through HOPP online or by calling 1(855) 466-3456.