City steps in for the first time under deed-theft law to stop a Crown Heights eviction, but a judge says no

For the first time, New York City lawyers have gone to court under a state deed-theft law to try to halt an eviction, and a Brooklyn Housing Court judge turned them down, THE CITY reported Monday.

The case involves the Robinson-Torain family and the brownstone at 964 Park Place in Crown Heights, where the family says it has lived since 1951. An eviction could happen as soon as this week, according to THE CITY. A spokesperson for the city Law Department, Nick Paolucci, said the department is evaluating its next steps.

What the city asked for

A city lawyer filed papers on Friday, Oct. 30, asking the court to pause the eviction so investigators could examine a possible deed fraud or theft tied to the house. In 2023, state lawmakers changed the law so that government agencies can ask for a stay of eviction while they investigate suspected deed theft, and the law says a court "shall issue a stay" when a government entity makes that request during an investigation, THE CITY reported.

The filing was backed by Philip Schaffroth, chief of detectives at the Office of the New York City Sheriff. He wrote that the Mayor's Office of Deed Theft Prevention referred the case in September to the Department of Finance's Bureau of Investigation, and that the inquiry would include a records review, interviews and subpoenas for bank records.

Why the judge said no

Housing Court Judge Javier Ortiz declined to grant the stay, writing that two courts had already litigated the deed theft allegations and that a new investigation would amount to "futility of process," according to THE CITY. Edward Mostoller of the City Bar Justice Center, who is not involved in the case, told the outlet he was surprised by the decision and said courts will need to be educated about the new protections.

The fight over the deed

The family says the late Ida Robinson, who bought the home with her husband in 1968, was misled in 2015 into selling it when she fell behind on her mortgage, in a deal presented to her as a refinancing. Property records show the house went to an LLC, then to another LLC and then to Menachem Gurevitch, the current recorded owner, who has sued to evict the family, THE CITY reported. In a letter to the court, his lawyers called the city's filing "an eleventh hour ploy" to delay the eviction. Gurevitch and his attorney did not comment to THE CITY.

The state attorney general's office and the Brooklyn district attorney's office have both looked into the matter, and neither brought criminal charges. A lawyer who reviewed the case in 2022 concluded it could be a foreclosure rescue scam, according to THE CITY.

Neighbors plan to block an eviction

The family and the Crown Heights Tenant Union called for a round-the-clock stoop watch starting Nov. 1 and an eviction blockade planned for Friday, Nov. 6, Bushwick Daily reported. More than 30 people gathered on the stoop Sunday evening, along with Council Member Chi Ossé and former elected officials Inez and Charles Barron, THE CITY reported.

Deed theft, where a home's title is taken without the owner's knowledge or consent through forgery or fraud, has been a recurring problem in gentrifying Black and brown neighborhoods of Brooklyn, where older homeowners are frequent targets.