A 9228: Enacts the "homeowner defense and anti-deed theft act" in relation to establishing a homeowner defense and anti-deed theft program within the department of state for the purpose of defending homeowners against deed theft; establishes the county recording modernization fund and the title defense litigation fund.

  
  STATE OF NEW YORK ________________________________________________________________________ 9228 2025-2026 Regular Sessions  IN ASSEMBLY November 3, 2025 ___________ Introduced by M. of A. ZINERMAN -- read once and referred to the Commit- tee on Codes AN ACT to amend the executive law, in relation to establishing the home- owner defense and anti-deed theft program to provide community-based legal aid and rapid-response services for victims of deed theft and fraudulent property transfers; and to amend the state finance law, in relation to establishing the county recording modernization fund and the title defense litigation fund 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 "homeowner defense and anti-deed theft act". 3 § 2. Legislative findings and intent. The legislature finds that deed 4 theft and fraudulent property transfers threaten the security of 5 homeownership and erode generational wealth in New York State. Seniors, 6 immigrants, and Black and brown homeowners are disproportionately 7 targeted by predatory actors who exploit gaps in the legal system. 8 While recent legislation expanded the attorney general's powers and 9 created new criminal penalties, victims often lack access to timely and 10 affordable legal representation. Without rapid intervention, families 11 lose their homes, neighborhoods destabilize, and community wealth is 12 permanently stripped. 13 It is therefore the intent of this act, the "homeowner defense and 14 anti-deed theft act", to: 15 1. Establish a permanent statewide program of legal aid to defend 16 homeowners against deed theft. 17 2. Create regional title defense hubs and satellite clinics to ensure 18 equitable access across urban, suburban, and rural communities. 19 3. Provide proactive estate planning and heirs' property counseling to 20 reduce vulnerability. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13724-02-5 
 A. 9228 2 1 4. Strengthen coordination between legal aid providers, the attorney 2 general, and local district attorneys. 3 5. Preserve family homes, stabilize neighborhoods, and protect genera- 4 tional wealth. 5 § 3. The executive law is amended by adding a new section 170-k to 6 read as follows: 7 § 170-k. Homeowner defense and anti-deed theft program. 1. There is 8 hereby established within the department of state a homeowner defense 9 and anti-deed theft program for the purpose of defending homeowners 10 against deed theft. Such program shall be established in consultation 11 with the attorney general. 12 2. The department of state, in consultation with the attorney general, 13 shall establish regional title defense hubs and satellite clinics to 14 ensure access by New Yorkers to lawyers and advocates statewide when 15 their homes are threatened by deed theft or fraudulent property trans- 16 fers. Such title defense hubs shall provide equitable access to lawyers 17 and advocates across urban, suburban, and rural communities in the 18 state. 19 3. Such program shall fund nonprofit legal services providers and 20 community-based organizations to litigate deed theft cases, void fraudu- 21 lent deeds, defend foreclosures, and provide estate planning services 22 and heirs' property counseling to reduce vulnerability to deed theft. 23 4. Emergency filings and case expenses related to the homeowner 24 defense and anti-deed theft program shall be funded from the title 25 defense litigation fund established pursuant to section ninety-six-b of 26 the state finance law. 27 5. The department of state, in consultation with the attorney general, 28 shall establish a statewide hotline for victims of deed theft. 29 6. The department of state, in consultation with the attorney general, 30 shall submit an annual report to the governor and the legislature 31 detailing the status of the homeowner defense and anti-deed theft 32 program. 33 7. Such program shall be funded through appropriations, deed theft 34 penalties, and revenues from the county recording modernization fund 35 established pursuant to section ninety-six-a of the state finance law. 36 8. Within ninety days of the effective date of this section, the 37 department of state shall issue any rules and regulations necessary for 38 the implementation of this section. 39 § 4. The state finance law is amended by adding a new section 96-a to 40 read as follows: 41 § 96-a. County recording modernization fund. 1. There is hereby estab- 42 lished in the joint custody of the state comptroller and the commission- 43 er of taxation and finance a fund to be known as the county recording 44 modernization fund. 45 2. Such fund shall consist of all moneys appropriated, credited, or 46 transferred thereto from the general fund or any other source pursuant 47 to law. 48 3. Moneys of the fund shall be used to fund the homeowner defense and 49 anti-deed theft program established pursuant to section one hundred 50 seventy-k of the executive law. 51 § 5. The state finance law is amended by adding a new section 96-b to 52 read as follows: 53 § 96-b. Title defense litigation fund. 1. There is hereby established 54 in the joint custody of the state comptroller and the commissioner of 55 taxation and finance a fund to be known as the title defense litigation 56 fund. 
 A. 9228 3 1 2. Such fund shall consist of all moneys appropriated, credited, or 2 transferred thereto from the general fund or any other source pursuant 3 to law. 4 3. Moneys of the fund shall be used to fund emergency filings and case 5 expenses related to the homeowner defense and anti-deed theft program 6 established pursuant to section one hundred seventy-k of the executive 7 law. 8 § 6. This act shall take effect immediately.