Bill Text: NY S02353 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the disclosure of lead-based paint test reports in real estate transactions.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced) 2024-05-21 - PRINT NUMBER 2353A [S02353 Detail]
Download: New_York-2023-S02353-Introduced.html
Bill Title: Requires the disclosure of lead-based paint test reports in real estate transactions.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced) 2024-05-21 - PRINT NUMBER 2353A [S02353 Detail]
Download: New_York-2023-S02353-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2353 2023-2024 Regular Sessions IN SENATE January 20, 2023 ___________ Introduced by Sens. KAVANAGH, BAILEY, BRESLIN, BROUK, CLEARE, COONEY, HOYLMAN-SIGAL, JACKSON, MANNION, MAY, MYRIE, PARKER, RIVERA, RYAN, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring the disclosure of lead-based paint test reports in real estate trans- actions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature hereby finds and 2 declares that lead poisoning of children persists as one of the most 3 prevalent and preventable environmental diseases in New York State. 4 Nearly 100,000 children were newly identified with levels of lead in 5 their blood at five micrograms per deciliter (mcg/dL) in New York state 6 between 2011 and 2015. Medical research indicates that children can 7 suffer permanent brain damage at blood levels even lower than 5mcg/dL, 8 and that there is no level of lead ingestion that is without adverse 9 impact. The predominant cause of lead poisoning in young children is 10 the ingestion of lead particles from deteriorating or abraded lead-based 11 paint from older and poorly maintained residences. Although New York 12 state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74% 13 of New York's housing stock was constructed prior to 1970 and lead-based 14 paint was available outside of the state until 1978. New York state has 15 both the nation's greatest number (over 4 million units), the highest 16 percentage (55.08%) of pre-1960 and pre-1950 (41.0%) housing, and the 17 oldest housing inventory among the fifty states. At least ninety percent 18 of lead-based paint still exists in occupied housing built before 1960. 19 New York state's older housing stock places residents at great risk of 20 exposure to lead hazards, with low-income children living in older hous- 21 ing having the highest risk of lead poisoning. Knowledge of lead-based 22 paint hazards, their control, mitigation, abatement, and risk avoidance EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02406-01-3S. 2353 2 1 is not sufficiently widespread. In addition, while federal law requires 2 the disclosure by sellers of real property of knowledge of the existence 3 of lead-based paint and lead-based paint hazards, and encourages poten- 4 tial buyers to conduct inspections for lead-based paint, these mech- 5 anisms neither mandate that such inspections take place either by sell- 6 ers or buyers. This gap in disclosure requirements results in 7 residential property being transferred without any knowledge of the 8 potential for such property to cause lead poisoning and the attendant 9 liabilities. 10 Local county health departments lack sufficient information as to 11 which housing contains lead-based paint and the locations of such lead- 12 based paint, resulting in less cost-effective prevention of lead poison- 13 ing, avoidable harm to children's health, and wasted public resources. 14 The purposes of this act are to assure that properties that have not 15 been previously tested for lead-based paint are not simply transferred 16 to new owners without knowledge of whether there is lead-based paint 17 present, and to better utilize the existing federal laws that mandate 18 disclosure of lead-based paint and lead-based paint hazards and to aid 19 in the prevention of lead poisoning. This act is not intended to and 20 does not diminish the responsibility of buyers to carefully examine the 21 property which they intend to purchase and public records pertaining to 22 the property. This act is not intended to and does not limit existing 23 responsibilities by a seller, buyer or agent concerning the condition of 24 the property or potential liabilities or remedies at law, statute or in 25 equity. 26 This act will significantly improve the transfer process and better 27 serve the interests of all parties to a home purchase. It will increase 28 clarity regarding the nature of the property and will provide greater 29 certainty to contracts entered into by better informed buyers and sell- 30 ers. As well, it will provide incentive to owners to voluntarily test 31 their property prior to sale. 32 § 2. The real property law is amended by adding a new article 16 to 33 read as follows: 34 ARTICLE 16 35 LEAD-BASED PAINT DISCLOSURE ACT 36 Section 520. Short title. 37 521. Definitions. 38 522. Inspection of residential real property for lead-based 39 paint prior to transfer of title. 40 523. Duty of agent. 41 524. Liability. 42 § 520. Short title. This article shall be known and may be cited as 43 the "lead-based paint disclosure act". 44 § 521. Definitions. As used in this article, the following terms shall 45 have the following meanings: 46 1. "Agent" shall mean a person who is licensed as a real estate broker 47 or a real estate salesperson pursuant to section four hundred forty-a of 48 this chapter and acting in a fiduciary capacity. 49 2. "Binding contract of sale" shall mean a real estate purchase 50 contract or offer that would, upon signing by the seller and subject to 51 satisfaction of any contingencies, require the buyer to accept a trans- 52 fer of title. 53 3. "Broker" shall have the same meaning as "real estate broker" 54 defined by section four hundred forty of this chapter. 55 4. "Buyer" shall mean any entity that enters into a real estate 56 purchase contract, including but not limited to individuals, partner-S. 2353 3 1 ships, corporations, trusts, government agencies, housing agencies, 2 Indian tribes, and nonprofit organizations. 3 5. "Lead-based paint" shall mean paint or other similar surface coat- 4 ing material containing 1.0 milligrams of lead per square centimeter or 5 greater, as determined by laboratory analysis of paint samples with all 6 layers of paint present, or by an x-ray fluorescence analyzer. If an 7 x-ray fluorescence analyzer is used, readings shall be corrected for 8 substrate bias when necessary as specified by the performance character- 9 istic sheets released by the United States environmental protection 10 agency and the United States department of housing and urban development 11 for the specific x-ray fluorescence analyzer used. X-ray fluorescence 12 readings shall be classified as positive, negative or inconclusive in 13 accordance with the United States department of housing and urban devel- 14 opment guidelines for the evaluation and control of lead-based paint 15 hazards in housing (July 2012) or successor guidelines, and the perform- 16 ance characteristic sheets released by the United States environmental 17 protection agency and the United States department of housing and urban 18 development for the specific x-ray fluorescence analyzer used. X-ray 19 fluorescence readings that fall within the inconclusive zone, as deter- 20 mined by the performance characteristic sheets, shall be confirmed by 21 laboratory analysis of paint chips, results shall be reported in milli- 22 grams of lead per square centimeter and the measure of such laboratory 23 analysis shall be definitive. If laboratory analysis is used to deter- 24 mine lead content, results shall be reported in milligrams of lead per 25 square centimeter. Where the surface area of a paint chip sample cannot 26 be accurately measured or if an accurately measured paint chip sample 27 cannot be removed, a laboratory analysis may be reported in percent by 28 weight. In such case, lead-based paint shall mean any paint or other 29 similar surface-coating material containing more than 0.009 percent of 30 metallic lead, based on the non-volatile content of the paint or other 31 similar surface-coating material. In the event that the United States 32 environmental protection agency or a successor agency, or the United 33 States department of housing and urban development or a successor agen- 34 cy, or a department or agency of the state of New York that has obtained 35 applicable authorization pursuant to 40 C.F.R. part 745 subpart Q or 36 successor regulation, adopts more stringent definitions of lead-based 37 paint, such more stringent definitions shall apply for the purposes of 38 this article. 39 6. "Real estate purchase contract" shall mean any of the following: 40 (a) a contract which provides for the purchase and sale or exchange of 41 residential real property; 42 (b) a lease with an option to purchase residential real property; 43 (c) a lease-with-obligation-to-purchase agreement for residential real 44 property; or 45 (d) an installment land sale contract for residential real property. 46 7. "Residential real property" shall mean real property improved by a 47 residential dwelling erected prior to the year nineteen hundred seven- 48 ty-eight. 49 8. "Residential dwelling" shall mean a single-family dwelling, includ- 50 ing attached structures such as porches and stoops, or a single-family 51 dwelling unit within a structure that contains more than one separate 52 residential dwelling unit, used or occupied, or designed to be used or 53 occupied, wholly or partly, as the home or residence of one or more 54 persons whether or not it was or will be occupied. 55 9. "Seller" shall mean any entity that intends to engage in the trans- 56 fer of title to a buyer of residential real property, in whole or inS. 2353 4 1 part, including but not limited to individuals, partnerships, corpo- 2 rations, trusts, government agencies, housing agencies, Indian tribes, 3 mortgage banker, lender, and nonprofit organizations. The term "seller" 4 also shall mean an entity that transfers shares in a cooperatively owned 5 project. 6 10. "Test for lead-based paint" shall mean a test for the presence of 7 lead-based paint that has been conducted through both a lead hazard risk 8 assessment and a lead-based paint inspection as defined in 40 C.F.R. 9 745.103, 24 C.F.R. 35.86, and the United States department of housing 10 and urban development guidelines for the evaluation and control of lead- 11 based paint hazards in housing (July 2012), or successor regulations and 12 guidelines, and a report prepared indicating the results of such test, 13 including the locations where tests were performed for lead-based paint 14 and lead-based paint hazards and the readings of all such tests. Such 15 test shall not be valid unless performed by a person accredited pursuant 16 to: (a) certification to conduct lead hazard risk assessment and 17 inspections by the United States environmental protection agency pursu- 18 ant to 40 C.F.R. 745.226(b) or successor regulation; or (b) certif- 19 ication by a state or tribal program authorized by the United States 20 environmental protection agency to certify individuals engaged in lead- 21 based paint activities pursuant to 40 C.F.R. 745.325 or successor regu- 22 lation or eligible to conduct the inspections required by this article. 23 For multifamily housing, the test must be conducted in accordance with 24 the United States department of housing and urban development guidelines 25 for the evaluation and control of lead-based paint hazards in housing 26 (July 2012), or successor guidelines. 27 11. "Transfer of title" shall mean delivery of a properly executed 28 instrument conveying title to residential real property and shall 29 include delivery of a real estate purchase contract that is a lease or 30 installment land sale contract. 31 § 522. Inspection of residential real property for lead-based paint 32 prior to transfer of title. 1. (a) Effective August first, two thousand 33 twenty-four, every seller of residential real property pursuant to a 34 real estate purchase contract shall deliver to a buyer or buyer's agent 35 prior to the signing by the buyer of a binding contract of sale a 36 certificate that such property has been tested for lead-based paint, and 37 provide the report of such test. A copy of the certificate containing 38 the signature of the seller and any report of a test for lead-based 39 paint shall be attached to the real estate purchase contract. A copy of 40 such certificate and report of such test and any subsequent reports of 41 such tests shall be filed with the state department of health in the 42 department of health in the county where such residential real property 43 is located, and such certificate shall as well be filed with the office 44 authorized under section three hundred seventy-two of this chapter to be 45 registrar of title in the county where such real property is located, 46 and such office shall not accept for filing an instrument of transfer of 47 title unless accompanied by such certificate where applicable. 48 (b) The presentation of a certificate of such test by a prior owner of 49 said property and evidence of filing such certificate and report with 50 the department of health in the county where such residential real prop- 51 erty is located, shall be deemed to be in compliance with the provisions 52 of this subdivision. 53 (c) In the event the seller has not received from a prior owner a 54 certification and report of such tests as set forth in this subdivision, 55 the costs of testing for lead-based paint and the preparation of a 56 certificate and report thereof as provided in this subdivision shall beS. 2353 5 1 deductible by the transferor or grantor, up to the amount of five 2 hundred dollars, or in a building with more than one dwelling unit up to 3 four hundred dollars per dwelling unit tested, from the taxes imposed by 4 sections fourteen hundred two and fourteen hundred two-a of the tax law. 5 The transferor or grantor shall not be reimbursed for costs in excess of 6 the total taxes imposed by sections fourteen hundred two and fourteen 7 hundred two-a of the tax law. 8 2. Any provision in a real estate purchase contract or any other docu- 9 ment related to the transfer of title in residential real property that 10 purports to waive any right created under state or federal law for the 11 buyer to conduct a risk assessment or inspection of the property to 12 determine the presence of lead-based paint and/or lead-based paint 13 hazards, or any oral agreement that purports to waive such right, is 14 null and void as against public policy, notwithstanding that such waiv- 15 ers might otherwise be permitted by federal law. 16 3. A certificate that such property has been tested for lead-based 17 paint shall not be required in connection with any of the following 18 transfers of residential real property: 19 (a) A transfer to a beneficiary of a deed of trust; 20 (b) A transfer by a fiduciary in the course of the administration of a 21 decedent's estate, a guardianship, a conservatorship, or a trust; 22 (c) A transfer from one co-owner to one or more other co-owners; 23 (d) A transfer made to the transferor's spouse or to one or more 24 persons in the lineal consanguinity of one or more of the transferors; 25 (e) A transfer between spouses or former spouses as a result of a 26 decree of divorce, dissolution of marriage, annulment, or legal sepa- 27 ration or as a result of property settlement, agreement incidental to a 28 decree of divorce, dissolution of marriage, annulment or legal sepa- 29 ration; 30 (f) A transfer to or from the state, a political subdivision of the 31 state, or another governmental entity; 32 (g) A transfer by a sheriff; 33 (h) A transfer pursuant to a partition action; or 34 (i) A transfer of an unoccupied dwelling unit or residential property 35 that is to be demolished, provided the dwelling unit or property will 36 remain unoccupied until demolition and lead-safe work practices enumer- 37 ated in 40 C.F.R. 745 and successor regulations, or more protective 38 state law are followed during the demolition. 39 4. Nothing contained in this article is intended to prevent the 40 parties to a contract of sale from entering into agreements of any kind 41 or nature with respect to the physical condition of the property to be 42 sold, including, but not limited to, agreements for the sale of real 43 property "as is". 44 § 523. Duty of agent. An agent representing a seller of residential 45 real property as a listing broker, or, if the seller is not represented 46 by an agent, the agent representing the buyer of residential real prop- 47 erty and dealing with a prospective seller, shall have the duty to time- 48 ly (in any event, before the buyer signs a binding contract of sale) 49 inform each seller of the seller's obligations under this article. An 50 agent representing a buyer of residential real property, or, if the 51 buyer is not represented by an agent, the agent representing a seller of 52 residential real property and dealing with a prospective buyer, shall 53 have the duty to timely (in any event, before the buyer signs a binding 54 contract of sale) inform such buyer of the buyer's rights and obli- 55 gations under this article. If an agent performs the duties and obli- 56 gations imposed upon him or her pursuant to this section, the agentS. 2353 6 1 shall have no further duties under this article and shall not be liable 2 to any party for a violation of this article. The department of state 3 may, pursuant to section four hundred forty-one-c of this chapter, 4 revoke or suspend the license of an agent who violates this article. 5 § 524. Liability. Nothing contained in this article shall be construed 6 as limiting any existing legal cause of action or remedy at law, in 7 statute or in equity. 8 § 3. The real property law is amended by adding a new section 235-aa 9 to read as follows: 10 § 235-aa. Disclosure of lead-based paint and lead-based paint hazards. 11 1. Prior to executing a residential lease or rental agreement with a 12 tenant, the owner of real property shall provide the tenant a copy of 13 all reports of a test for lead-based paint issued or prepared pursuant 14 to section five hundred twenty-two of this chapter, and any other 15 report, within the possession or control of the owner, pertaining to 16 lead-based paint or lead-based paint hazards within the meaning of 17 section 4852d of title 42 of the United States Code and the regulations 18 thereunder. Owners who deliver a disclosure form with all required docu- 19 ments under the provisions of section 4852d of title 42 of the United 20 States Code and the regulations thereunder shall be deemed to have 21 complied with the requirements of this subdivision. 22 2. Any agreement by a lessee or tenant of premises for dwelling 23 purposes waiving or modifying his or her rights as set forth in this 24 section shall be void as contrary to public policy. 25 3. An owner who violates this section shall be liable for a civil 26 penalty not to exceed ten thousand dollars, and in addition, a penalty 27 to the tenant not to exceed the equivalent of the amount of rental 28 payments for three months plus any attorney's fees. The powers and 29 remedies set forth in this section shall be in addition to all other 30 existing legal cause of action or remedy at law, in statute or in equi- 31 ty. 32 § 4. Subdivision 2 of section 462 of the real property law, as amended 33 by chapter 690 of the laws of 2022, is amended to read as follows: 34 2. The following shall be the disclosure form: 35 PROPERTY CONDITION DISCLOSURE STATEMENT 36 NAME OF SELLER OR SELLERS: 37 PROPERTY ADDRESS: 38 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN- 39 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF 40 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE 41 BUYER OF A BINDING CONTRACT OF SALE. 42 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND 43 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE 44 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT 45 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR 46 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR 47 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND 48 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY. 49 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM 50 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE 51 TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY 52 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO 53 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL 54 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS 55 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.S. 2353 7 1 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO 2 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU- 3 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, 4 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH 5 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE 6 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT 7 OWNED IN FEE SIMPLE BY THE SELLER. 8 INSTRUCTIONS TO THE SELLER: 9 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE. 10 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS 11 REQUIRED. 12 (c) COMPLETE THIS FORM YOURSELF. 13 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP- 14 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN). 15 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO 16 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN- 17 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO 18 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN- 19 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER 20 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT. 21 GENERAL INFORMATION 22 1. HOW LONG HAVE YOU OWNED THE PROPERTY? 23 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY? 24 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF 25 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI- 26 GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW 27 YORK REAL PROPERTY LAW REQUIRES THE SELLER TO PRODUCE THE RESULTS 28 OF A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT SUCH 29 TEST IF NOT PREVIOUSLY PERFORMED. 30 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY 31 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN 32 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS 33 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA 34 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO 35 UNKN NA (IF YES, EXPLAIN BELOW) 36 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL 37 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF 38 YES, EXPLAIN BELOW) 39 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH 40 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS, 41 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW) 42 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN- 43 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES 44 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 45 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES 46 NO UNKN NA (IF NO, EXPLAIN BELOW) 47 ENVIRONMENTAL 48 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD- 49 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW 50 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY 51 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY 52 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING 53 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS ORS. 2353 8 1 OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL 2 HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED 3 OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI- 4 CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER 5 AND WOOD PRESERVATIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS 6 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, 7 BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD 8 CLEANERS, POOL CHEMICALS, PRODUCTS CONTAINING MERCURY AND LEAD AND 9 INDOOR MOLD. 10 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM 11 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU 12 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. IF 13 LEAD IN DRINKING WATER IS A CONCERN TO YOU, YOU ARE URGED TO HAVE THE 14 PLUMBING EXAMINED, INCLUDING THE SERVICE LINE. 15 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN? 16 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 17 11. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND? 18 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 19 12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO 20 UNKN NA (IF YES, EXPLAIN BELOW) 21 13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA 22 (IF YES, EXPLAIN BELOW) 23 14. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR 24 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE 25 THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING 26 OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 27 15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE 28 LOCATION OR LOCATIONS BELOW) 29 16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION 30 OR LOCATIONS BELOW) 31 17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY 32 OF THE REPORT) 33 18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR 34 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR 35 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE 36 PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO 37 UNKN NA (IF YES, DESCRIBE BELOW) 38 19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR 39 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM 40 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO 41 UNKN NA (IF YES, ATTACH REPORT(S)) 42 19-a. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF 43 YES, ATTACH A COPY OF THE REPORT) 44 STRUCTURAL 45 20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES? 46 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 47 21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES? 48 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 49 22. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR 50 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 51 23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST 52 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH 53 REPORT(S))S. 2353 9 1 24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)? 2 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS- 3 FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF 4 YES, EXPLAIN BELOW) 5 25. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING 6 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR 7 PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW) 8 MECHANICAL SYSTEMS & SERVICES 9 26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE, 10 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA 11 27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA 12 (IF YES, DESCRIBE BELOW) 13 28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC 14 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL, 15 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING? 16 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES, 17 EXPLAIN BELOW) 18 29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER- 19 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________ 20 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES 21 NO UNKN NA (IF YES, EXPLAIN BELOW) 22 30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED 23 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA 24 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW) 25 31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES 26 NO UNKN NA (IF YES, EXPLAIN BELOW) 27 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF 28 YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.): 29 32. PLUMBING SYSTEM? YES NO UNKN NA 30 33. SECURITY SYSTEM? YES NO UNKN NA 31 34. CARBON MONOXIDE DETECTOR? YES NO UNKN NA 32 35. SMOKE DETECTOR? YES NO UNKN NA 33 36. FIRE SPRINKLER SYSTEM? YES NO UNKN NA 34 37. SUMP PUMP? YES NO UNKN NA 35 38. FOUNDATION/SLAB? YES NO UNKN NA 36 39. INTERIOR WALLS/CEILINGS? YES NO UNKN NA 37 40. EXTERIOR WALLS OR SIDING? YES NO UNKN NA 38 41. FLOORS? YES NO UNKN NA 39 42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA 40 43. PATIO/DECK? YES NO UNKN NA 41 44. DRIVEWAY? YES NO UNKN NA 42 45. AIR CONDITIONER? YES NO UNKN NA 43 46. HEATING SYSTEM? YES NO UNKN NA 44 47. HOT WATER HEATER? YES NO UNKN NA 45 48. THE PROPERTY IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT UNKN 46 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE 47 PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS) 48 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF 49 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI- 50 TIONAL PAGES ATTACHED. 51 ______________________________________________________________ 52 ______________________________________________________________ 53 ______________________________________________________________ 54 ______________________________________________________________S. 2353 10 1 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS 2 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE 3 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A 4 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS 5 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED 6 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION 7 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT, 8 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI- 9 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO 10 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER. 11 SELLER__________ DATE___________ 12 SELLER__________ DATE___________ 13 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS 14 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF 15 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE 16 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT 17 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS 18 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS. 19 BUYER__________ DATE__________ 20 BUYER__________ DATE _________ 21 § 5. This act shall take effect August 1, 2024; provided, however, 22 that if chapter 690 of the laws of 2022 shall not have taken effect on 23 or before such date then section four of this act shall take effect on 24 the same date and in the same manner as such chapter of the laws of 25 2022, takes effect. Effective immediately, the addition, amendment, 26 and/or repeal of any rule or regulation necessary for the implementation 27 of this act on its effective date are authorized to be made and 28 completed on or before such effective date.
