NY State Senate Bill 2009-S2519

Senate Bill S2519

2009-2010 Legislative Session

Requires buyers and lessees of residential real property to be given notice of public access to sex offender information

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 07, 2010	advanced to third reading
Jun 03, 2010	2nd report cal.
Jun 02, 2010	1st report cal.724
May 03, 2010	notice of committee consideration - requested
Jan 06, 2010	referred to judiciary
Feb 23, 2009	referred to judiciary

Votes

- Jun 2, 2010 - Judiciary Committee Vote
  S2519
  
  18
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Jun 2, 2010
      
      aye (18)
      
      Bonacic
      
      Breslin
      
      Diaz
      
      Dilan
      
      Espada
      
      Klein
      
      LaValle
      
      Lanza
      
      Maziarz
      
      Nozzolio
      
      Onorato
      
      Perkins
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Volker
      
      Winner
      
      aye wr (5)
      
      Adams
      
      DeFrancisco
      
      Hassell-Thompson
      
      Leibell
      
      Ranzenhofer

co-Sponsors

2009-S2519 (ACTIVE) - Details

Law Section:: Real Property Law
Laws Affected:: Add §§220-a & 242-a, RP L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2594
2013-2014: S1527
2015-2016: S2079

2009-S2519 (ACTIVE) - Summary

Requires that contracts for the sale or lease of residential real property include a notice that information on high risk sex offenders is available to the public and that the division of criminal justice services maintain a "900" telephone number through which sex offender information is available on specific individuals.

2009-S2519 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2519

 TITLE OF BILL :

An act to amend the real property law, in relation to requiring the
disclosure, upon the sale or lease of residential real property, of
the availability of certain sex offender information


 PURPOSE :

To include in all leases and contracts for sale of real property a
notice informing the renter and/or buyer of the existence of the N.Y.
sex offender registry.

 SUMMARY OF PROVISIONS :

Adds two new sections, 220-a and 242-a, to the Real Property Law, to
include a notice on all leases and contracts for sale of real property
which informs the renter and/or buyer of the existence of the N.Y. sex
offender (Megan's Law) registry, its corollary "900" telephone number
and the Division of Criminal Justice Services website.

 JUSTIFICATION :

The proposed amendment would require all written leases and rental

agreements for residential real propetiy and contracts for sale of
residential real property entered into contain a specified notice
regarding the subdirectory of high risk sex offenders, the New York
State Special "900" telephone number and the DCJS website. This bill
would provide that, upon delivery ofthe notice, the lessor, seller, or
broker is not required to provide additional information regarding
registered sex offenders, and that a registered sex offender may not
bring any cause of action against the disclosing party.

 FISCAL IMPLICATIONS :

None to the state.

 PRIOR LEGISLATIVE HISTORY :

2000:    Passed Senate.
2001-02: Passed Senate.
2003-04: Passed Senate/Assembly Judiciary Cmte.
2005-06: Senate Judiciary Cmte./Assembly Judiciary Cmte.
2007-08: Senate Judiciary Cmte./Assembly Judiciary Cmte.

 EFFECTIVE DATE :
This act shall take etlect on the ninetieth day after it shall have
become a law and shall apply to contracts and agreements entered into
on or after such date.

2009-S2519 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2519

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by  Sens.  FLANAGAN, ALESI, WINNER -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

AN  ACT  to  amend  the  real property law, in relation to requiring the
  disclosure, upon the sale or lease of residential  real  property,  of
  the availability of certain sex offender information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The real property law is amended by adding two new sections
220-a and 242-a to read as follows:
  S 220-A. DISCLOSURE OF THE AVAILABILITY OF SEX  OFFENDER  INFORMATION.
1.  EVERY  LEASE AND RENTAL AGREEMENT OF RESIDENTIAL REAL PROPERTY SHALL
CONTAIN IN NOT LESS THAN EIGHT POINT TYPE, THE FOLLOWING NOTICE:
  NOTICE: THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MAIN-
TAINS AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES  THE
LOCATION  OF  HIGH  RISK  SEX OFFENDERS REQUIRED TO REGISTER PURSUANT TO
ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGISTRATION ACT, TO
THE OFFICES OF LOCAL VILLAGE, TOWN, CITY, AND COUNTY POLICE  DEPARTMENTS
AND  STATE  LAW  ENFORCEMENT  AGENCIES FOR THE PURPOSE OF PUBLIC ACCESS.
PLEASE CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY FOR FURTHER INFORMATION
ON HOW TO ACCESS AND VIEW THE SUBDIRECTORY OF HIGH RISK  SEX  OFFENDERS.
THE  NEW  YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES ALSO OPERATES
FOR PUBLIC ACCESS A SPECIAL "900" TELEPHONE NUMBER THROUGH WHICH CALLERS
MAY VERIFY THE REGISTRATION OF A NAMED  INDIVIDUAL.  CALLERS  MUST  HAVE
SPECIFIC  INFORMATION WHICH WILL ACHIEVE POSITIVE IDENTIFICATION SUCH AS
AN EXACT ADDRESS, DRIVER'S LICENSE NUMBER OR BIRTH DATE.   IN  ADDITION,
THE  NEW  YORK  STATE  DIVISION OF CRIMINAL JUSTICE SERVICES MAINTAINS A
WEBSITE  PROVIDING  INFORMATION,  INCLUDING  THE  NAMES  AND  ADDRESSES,
REGARDING CERTAIN SEX OFFENDERS.
  2. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, UPON
DELIVERY  OF  THE  NOTICE  REQUIRED  PURSUANT TO SUBDIVISION ONE OF THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04568-01-9

S. 2519                             2

SECTION TO THE LESSEE OF THE  RESIDENTIAL  REAL  PROPERTY,  NEITHER  THE
LESSOR NOR ANY AGENT OF THE LESSOR SHALL BE REQUIRED TO PROVIDE INFORMA-
TION  IN  ADDITION  TO THAT CONTAINED IN THE NOTICE REGARDING THE AVAIL-
ABILITY  OF  THE  SUBDIRECTORY, THE SPECIAL "900" NUMBER OR THE WEBSITE.
THE INFORMATION IN SUCH NOTICE SHALL BE DEEMED TO BE ADEQUATE TO  INFORM
THE  LESSEE  ABOUT  THE  EXISTENCE  OF  A  STATEWIDE SUBDIRECTORY OF THE
LOCATIONS OF HIGH RISK SEX OFFENDERS AND INFORMATION FROM THE  SUBDIREC-
TORY  REGARDING THOSE LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT
GIVE RISE TO ANY CAUSE OF ACTION AGAINST THE DISCLOSING PARTY.
  3. WHERE THE LESSEE RECEIVES THE NOTICE CONTAINED IN  SUBDIVISION  ONE
OF  THIS  SECTION AT OR BEFORE THE TIME OF A WRITTEN OFFER OF A LEASE OR
RENTAL AGREEMENT FOR THE LEASE OF RESIDENTIAL REAL PROPERTY, ANY  PERSON
WHO  IS  LICENSED AS A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER,
OR REAL ESTATE SALESPERSON UNDER SECTION FOUR HUNDRED  FORTY-A  OF  THIS
CHAPTER AND WHO IS ACTING IN A FIDUCIARY CAPACITY FOR EITHER A LESSOR OR
A  LESSEE  OF RESIDENTIAL REAL PROPERTY SHALL NOT BE REQUIRED TO PROVIDE
ANY FURTHER INFORMATION TO THE LESSEE OF THE RESIDENTIAL  REAL  PROPERTY
REGARDING INFORMATION RELATING TO OR THE LOCATION OF SEX OFFENDERS.
  4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, NOTHING IN THIS SECTION SHALL ALTER ANY EXISTING  DUTY  OF  THE
LESSOR OR ANY AGENT OF SUCH LESSOR UNDER ANY OTHER PROVISION OF LAW.
  S  242-A.  DISCLOSURE OF THE AVAILABILITY OF SEX OFFENDER INFORMATION.
1. EVERY  CONTRACT  FOR  THE  PURCHASE  OF  RESIDENTIAL  REAL  PROPERTY,
COMPRISING  ONE  TO  FOUR DWELLING UNITS, SHALL CONTAIN IN NOT LESS THAN
EIGHT POINT TYPE, THE FOLLOWING NOTICE:
  NOTICE: THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MAIN-
TAINS AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES  THE
LOCATION  OF  HIGH  RISK  SEX OFFENDERS REQUIRED TO REGISTER PURSUANT TO
ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGISTRATION ACT, TO
THE OFFICES OF LOCAL VILLAGE, TOWN, CITY, AND COUNTY POLICE  DEPARTMENTS
AND  STATE  LAW  ENFORCEMENT  AGENCIES FOR THE PURPOSE OF PUBLIC ACCESS.
PLEASE CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY FOR FURTHER INFORMATION
ON HOW TO ACCESS AND VIEW THE SUBDIRECTORY OF HIGH RISK  SEX  OFFENDERS.
THE  NEW  YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES ALSO OPERATES
FOR PUBLIC ACCESS A SPECIAL "900" TELEPHONE NUMBER THROUGH WHICH CALLERS
MAY VERIFY THE REGISTRATION OF A NAMED  INDIVIDUAL.  CALLERS  MUST  HAVE
SPECIFIC  INFORMATION WHICH WILL ACHIEVE POSITIVE IDENTIFICATION SUCH AS
AN EXACT ADDRESS, DRIVER'S LICENSE NUMBER OR BIRTH DATE.   IN  ADDITION,
THE  NEW  YORK  STATE  DIVISION OF CRIMINAL JUSTICE SERVICES MAINTAINS A
WEBSITE  PROVIDING  INFORMATION,  INCLUDING  THE  NAMES  AND  ADDRESSES,
REGARDING CERTAIN SEX OFFENDERS.
  2. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, UPON
DELIVERY  OF  THE  NOTICE  REQUIRED  PURSUANT TO SUBDIVISION ONE OF THIS
SECTION TO THE BUYER OF THE RESIDENTIAL REAL PROPERTY, NEITHER THE SELL-
ER NOR ANY AGENT OF THE SELLER SHALL BE REQUIRED TO PROVIDE  INFORMATION
IN  ADDITION  TO THAT CONTAINED IN THE NOTICE REGARDING THE AVAILABILITY
OF THE SUBDIRECTORY, THE SPECIAL "900"  NUMBER  OR  THE  WEBSITE.    THE
INFORMATION  IN SUCH NOTICE SHALL BE DEEMED TO BE ADEQUATE TO INFORM THE
BUYER ABOUT THE EXISTENCE OF A STATEWIDE SUBDIRECTORY OF  THE  LOCATIONS
OF HIGH RISK SEX OFFENDERS AND INFORMATION FROM THE SUBDIRECTORY REGARD-
ING  THOSE  LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT GIVE RISE
TO ANY CAUSE OF ACTION AGAINST THE DISCLOSING PARTY.
  3. WHERE THE BUYER RECEIVES THE NOTICE CONTAINED IN SUBDIVISION ONE OF
THIS SECTION AT OR BEFORE THE TIME OF THE MAKING OF A WRITTEN OFFER  FOR
THE PURCHASE OF RESIDENTIAL REAL PROPERTY, ANY PERSON WHO IS LICENSED AS
A  REAL  ESTATE  BROKER,  ASSOCIATE  REAL  ESTATE BROKER, OR REAL ESTATE

S. 2519                             3

SALESPERSON UNDER SECTION FOUR HUNDRED FORTY-A OF THIS CHAPTER  AND  WHO
IS  ACTING  IN  A  FIDUCIARY  CAPACITY FOR EITHER A BUYER OR A SELLER OF
RESIDENTIAL REAL PROPERTY SHALL NOT BE REQUIRED TO PROVIDE  ANY  FURTHER
INFORMATION  TO  THE  BUYER  OF  THE RESIDENTIAL REAL PROPERTY REGARDING
INFORMATION RELATING TO OR THE LOCATION OF SEX OFFENDERS.
  4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
SECTION,  NOTHING  IN  THIS SECTION SHALL ALTER ANY EXISTING DUTY OF THE
SELLER OR ANY AGENT OF SUCH SELLER UNDER ANY OTHER PROVISION OF LAW.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law and shall apply to contracts and agreements entered
into on or after such date.

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Senate Bill S2519

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John J. Flanagan