senate Bill S1527

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

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Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

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.

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Bill Details

Versions:
S1527
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยงยง220-a & 242-a, RP L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2594
2009-2010: S2519

Sponsor Memo

BILL NUMBER:S1527

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 property 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 of the 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 Crate.
2005-06: Senate Judiciary Cmte./Assembly Judiciary Cmte,
2007-08: Senate Judiciary Cmte./Assembly Judiciary Cmte
2009-10: Advanced to Third Reading
2011-12: Committed to Rules in 2011; Senate Judiciary Cmte. in 2012

EFFECTIVE DATE:
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.

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

                                  1527

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, 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,  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.
                                                           LBD05421-02-3

S. 1527                             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. 1527                             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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