What's happening
This bill allows victims of domestic violence to remove a convicted violent offender's name from jointly owned real estate deeds.
Why it matters
Shifts property rights after domestic violence convictions. This bill enables survivors to regain full ownership of their homes by removing a convicted abuser’s name from jointly held property, directly impacting financial independence and housing stability for victims.
Establishes a streamlined legal process. By allowing applications through the county clerk, the bill simplifies and standardizes a procedure that otherwise might require costly and lengthy court action, making it more accessible for victims.
Targets situations involving violent felony convictions. The measure applies specifically when the domestic violence involved a violent felony offense, ensuring its use is limited to severe cases and providing a clear standard for eligibility.
Addresses ongoing safety and emotional recovery. By severing joint property ties, the legislation helps victims reduce ongoing contact or leverage by their abusers, which can be a crucial step in the healing and recovery process.
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Who cares
Domestic violence victims who co-own real property
They could apply to remove a co-owner from the deed if that person was convicted of the violent felony offense constituting domestic violence against them.
County clerks
They would receive applications for properties in their counties and determine the application form and process.
Convicted violent felony offenders who co-own property with their victims
Their victims could seek removal of their names from the shared property deed.
Headline styles
Remove Abusers from Home Deeds
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to social services
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Remove Abuser from Home Deed
In Assembly Committee · Governmental Operations · Sponsor Latrice Walker
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5086
2019-2020 Regular Sessions
IN SENATE
April 8, 2019
Introduced by Sens. PARKER, BAILEY, BRESLIN, HOYLMAN, KENNEDY, SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services
AN ACT to amend the executive law, in relation to victims of domestic violence
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The executive law is amended by adding a new section 577 to read as follows:
§ 577. Violent felon removed from deed with victim. 1. For the purposes of this section, the following terms shall have the following meanings:
(a) "violent felony offense" shall have the same meaning set forth in subdivision one of section 70.02 of the penal law;
(b) "victim of domestic violence" shall mean any person who is a victim of an act which would constitute a violent felony offense; and
(i) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and
(ii) such act or acts are or are alleged to have been committed by a family or household member.
2. Any victim of domestic violence who holds title to real property with the person who was convicted of the violent felony offense which constituted the domestic violence against such victim may apply to the county clerk in the county in which such real property is located to remove the name of such violent felony offender from the deed of such real property. Application shall be made in a manner and form to be determined by such county clerk.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05904-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to victims of domestic violence
Purpose
Authorizes a victim of domestic violence to apply to remove the violent felony offender from deed of co-owned real property.
Summary of provisions
Section 1. Amends the executive law to add a new section 577 to read:
Violent felon removed from deed with victim.
1. For the purposes of this section, the following terms shall have the following meanings: (a) "violent felony offense" shall have the same meaning set forth in subdivision one of section 70.2 of the penal law; (b) "victim of domestic violence" shall mean any person who is a victim of an act which would constitute a violent felony offense; and (i) such act or acts have resulted in actual physical or emotional injury or have created a substantial risk of physical or emotional harm to such person or such person's child; and (ii) such act or acts are or are alleged to have been committed by a family or household member.
2. Any victim of domestic violence who holds title to real property with the person who was convicted of the violent felony offense which consti- tuted the domestic violence against such victim may apply to the county clerk in the county in which such real property is located to remove the name of such violent felony offender from the deed of such real proper- ty. Application shall be made in a manner and form to be determined by such county clerk.
Justification
As the law currently stands, an offender who is convicted of a felony against a victim with whom the offender also co-owns property can still retain the ability to disallow the victim the ability to sell, refi- nance, or lease without their permission and can withhold that permis- sion keeping their victim hostage mentally and often financially We must make every effort to assist survivors of these violent crimes from continuing to be victimized even after their offenders have been tried, and convicted.
Legislative history
S.3116 (2017-2018)- REFERRED TO SOCIAL SERVICES S.1771(2016)- Referred to Social Services S.6275(2014)- Referred to Social Services S.2718(2013)- Referred to Social Services S.3790(2012)- Referred to Social Services S.7639(2010)- Committed to Social Services
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.