S T A T E O F N E W Y O R K
________________________________________________________________________
1754
2009-2010 Regular Sessions
I N A S S E M B L Y
January 9, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, HOOPER, WEISENBERG, ORTIZ, GABRYS-
ZAK, FIELDS -- Multi-Sponsored by -- M. of A. ALFANO, BARRA, EDDING-
TON, MAYERSOHN, McDONOUGH -- read once and referred 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
MAINTAINS AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES
THE LOCATION OF LEVEL TWO AND THREE SEX OFFENDERS REQUIRED TO REGISTER
PURSUANT TO ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGIS-
TRATION 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 LEVEL
TWO AND THREE SEX OFFENDERS. THE NEW YORK STATE DIVISION OF CRIMINAL
JUSTICE SERVICES ALSO OPERATES FOR PUBLIC ACCESS A SPECIAL "900" TELE-
PHONE 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."
2. SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
UPON DELIVERY OF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION TO THE LESSEE OF THE REAL PROPERTY, NEITHER THE LESSOR NOR ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04568-02-9
A. 1754 2
AGENT OF THE LESSOR SHALL BE REQUIRED TO PROVIDE INFORMATION IN ADDITION
TO THAT CONTAINED IN THE NOTICE REGARDING THE AVAILABILITY OF THE SUBDI-
RECTORY AND SPECIAL "900" NUMBER. 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 LEVEL TWO AND THREE SEX
OFFENDERS AND INFORMATION FROM THE SUBDIRECTORY REGARDING THOSE
LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT GIVE RISE TO ANY
CAUSE OF ACTION AGAINST THE DISCLOSING PARTY BY A REGISTERED SEX OFFEN-
DER.
3. 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
MAINTAINS AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES
THE LOCATION OF LEVEL TWO AND THREE SEX OFFENDERS REQUIRED TO REGISTER
PURSUANT TO ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGIS-
TRATION 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 LEVEL
TWO AND THREE SEX OFFENDERS. THE NEW YORK STATE DIVISION OF CRIMINAL
JUSTICE SERVICES ALSO OPERATES FOR PUBLIC ACCESS A SPECIAL "900" TELE-
PHONE 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."
2. SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
UPON DELIVERY OF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION TO THE BUYER OF THE REAL PROPERTY, NEITHER THE GRANTEE NOR ANY
AGENT OF THE GRANTEE SHALL BE REQUIRED TO PROVIDE INFORMATION IN ADDI-
TION TO THAT CONTAINED IN THE NOTICE REGARDING THE AVAILABILITY OF THE
SUBDIRECTORY AND SPECIAL "900" NUMBER. 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 LEVEL TWO AND THREE SEX
OFFENDERS AND INFORMATION FROM THE SUBDIRECTORY REGARDING THOSE
LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT GIVE RISE TO ANY
CAUSE OF ACTION AGAINST THE DISCLOSING PARTY BY A REGISTERED SEX OFFEN-
DER.
3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, NOTHING IN THIS SECTION SHALL ALTER ANY EXISTING DUTY OF THE
GRANTOR OR ANY AGENT OF SUCH GRANTOR 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.