Bill Text: NY A03311 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires residential property condition disclosure statements to be recorded with the county clerk upon conveyance of the property; directs the county clerk to provide copies thereof to the department of environmental conservation and the clerk of the city, town or village in which the property is located; directs the department of environmental conservation to operate an electronic database of all the environmental information in such disclosure statements.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A03311 Detail]

Download: New_York-2019-A03311-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3311
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
          COOK, RIVERA -- read once and referred to the Committee on Judiciary
        AN ACT to amend the real property law, in relation to the  recording  of
          residential  property  condition  disclosure  statements  with  county
          clerks; and to amend the environmental conservation law,  in  relation
          to directing the department of environmental conservation to establish
          and maintain a publicly accessible electronic database of the environ-
          mental information in residential property condition disclosure state-
          ments
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  The opening paragraph of section 291 of the real  property
     2  law is designated subdivision 1 and a new subdivision 2 is added to read
     3  as follows:
     4    2.  Within ten days of the receipt of a residential property condition
     5  disclosure statement,  pursuant  to  subdivision  one  of  section  four
     6  hundred sixty-two of this chapter, a county clerk shall record the same,
     7  and  produce  and  deliver  copies thereof to the department of environ-
     8  mental conservation and to the clerk of the city,  town  or  village  in
     9  which such residential real property is situate.
    10    §  2.  Subdivision 1 of section 462 of the real property law, as added
    11  by chapter 456 of the laws of 2001, is amended to read as follows:
    12    1. Except as is provided in section four hundred sixty-three  of  this
    13  article,  every  seller  of residential real property pursuant to a real
    14  estate purchase contract shall complete and sign  a  property  condition
    15  disclosure  statement  as  prescribed by subdivision two of this section
    16  and cause it, or a copy thereof, to be delivered to a buyer  or  buyer's
    17  agent prior to the signing by the buyer of a binding contract of sale. A
    18  copy  of  the  property  condition  disclosure  statement containing the
    19  signatures of both seller and buyer shall be attached to the real estate
    20  purchase contract, and an additional copy thereof containing the  signa-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05072-01-9
        A. 3311                             2
     1  tures  of  the  seller  and the buyer shall be attached to the record of
     2  conveyance filed with the county clerk pursuant to section  two  hundred
     3  ninety-one  of  this chapter.  Nothing contained in this article or this
     4  disclosure statement is intended to prevent the parties to a contract of
     5  sale from entering into agreements of any kind or nature with respect to
     6  the  physical  condition  of the property to be sold, including, but not
     7  limited to, agreements for the sale of real property "as is".
     8    § 3. Section 3-0301 of the environmental conservation law  is  amended
     9  by adding a new subdivision 6 to read as follows:
    10    6.  The department shall establish, operate and maintain an electronic
    11  database of the "Environmental" information included in each residential
    12  property disclosure statement it receives from a county  clerk  pursuant
    13  to subdivision two of section two hundred ninety-one of the real proper-
    14  ty  law. The information in such database shall be made available to the
    15  public in written form, upon request, and on the internet website  main-
    16  tained by the department.
    17    §  4. This act shall take effect on the first of January next succeed-
    18  ing the date on which it shall have become a law. Effective  immediately
    19  the  addition,  amendment and/or repeal of any rule or regulation neces-
    20  sary for the implementation of  this  act  on  its  effective  date  are
    21  authorized to be made and completed on or before such date.