S T A T E O F N E W Y O R K
________________________________________________________________________
2992
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
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Introduced by M. of A. PHEFFER, ENGLEBRIGHT -- Multi-Sponsored by -- M.
of A. TOWNS -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property law, in relation to requiring sellers
of residential real property to disclose radon test results for all
houses offered for sale, exchange or for lease with option to buy
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 a new section
443-b to read as follows:
S 443-B. RADON TEST RESULTS DISCLOSURE NOTICE. 1. EACH PERSON WHO
OFFERS RESIDENTIAL REAL PROPERTY IN NEW YORK STATE FOR SALE, EXCHANGE,
OR FOR LEASE WITH OPTION OR OBLIGATION TO PURCHASE, MUST PROVIDE THE
PURCHASER, PRIOR TO THE EXECUTION OF ANY CONTRACT TO PURCHASE, OPTION,
OR LEASE (WITH OPTION OR OBLIGATION TO PURCHASE) WITH PRE-MITIGATION
AND, WHERE APPLICABLE, POST-MITIGATION RESULTS OF THE MOST RECENT RADON
MEASUREMENT TEST PERFORMED WITHIN THE PREVIOUS SIX MONTHS BY A RADON
MEASUREMENT BUSINESS CERTIFIED BY THE DEPARTMENT OF HEALTH.
(A) EACH PAGE OF SUCH REPORT SHALL BE SIGNED AND DATED BY THE SELLER
AND, UPON RECEIPT, THE PROSPECTIVE PURCHASER. A COPY OF THE SIGNED
REPORT SHALL BE ATTACHED TO ANY AGREEMENT TO SELL, EXCHANGE, OR LEAVE
(WITH OPTION OR OBLIGATION TO PURCHASE) THE PROPERTY ENTERED INTO
BETWEEN THE TWO PARTIES. THE SELLER SHALL SIMULTANEOUSLY PROVIDE THE
PURCHASER WITH AN INFORMATIONAL PAMPHLET APPROVED AND SUPPLIED BY THE
DEPARTMENT OF HEALTH. THE PURCHASER SHALL BE GRANTED A TEN DAY PERIOD TO
CONDUCT A FOLLOW-UP RADON TEST, IF DESIRED BEFORE BECOMING OBLIGATED TO
A CONTRACT.
(B) THE FOLLOWING ARE EXEMPT FROM THE PROVISIONS OF THIS SECTION:
(1) ANY TRANSFER FROM ONE OR MORE CO-OWNERS SOLELY TO ONE OR MORE OF
THE OTHER CO-OWNERS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06851-01-9
A. 2992 2
(2) TRANSFERS MADE TO THE SPOUSE, MOTHER, FATHER, BROTHER, SISTER,
CHILD, GRANDPARENT, OR GRANDCHILD OF THE TRANSFEROR WHERE NO CONSIDER-
ATION IS PAID;
(3) TRANSFERS PURSUANT TO AN ORDER OF A COURT;
(4) TRANSFERS OF NEWLY CONSTRUCTED RESIDENTIAL REAL PROPERTY FOR WHICH
AN IMPLIED WARRANTY IS PROVIDED;
(5) TRANSFERS MADE BY EXECUTORS, ADMINISTRATORS, TRUSTEES, OR CONSER-
VATORS;
(6) TRANSFERS BY THE FEDERAL GOVERNMENT, OR ANY POLITICAL SUBDIVISION
THEREOF, OR ANY CORPORATION, INSTITUTION, OR QUASI-GOVERNMENTAL AGENCY
CHARTERED BY THE FEDERAL GOVERNMENT;
(7) TRANSFERS BY DEED IN LIEU OF FORECLOSURE;
(8) TRANSFERS BY THE STATE OF NEW YORK OR ANY POLITICAL SUBDIVISION
THEREOF;
(9) TRANSFERS OF PROPERTY WHICH WERE THE SUBJECT OF A CONTRACT OR
OPTION ENTERED INTO PRIOR TO THE EFFECTIVE DATE OF THIS SECTION; AND
(10) ANY TRANSFER OF PROPERTY ACQUIRED BY A JUDGMENT OF FORECLOSURE BY
SALE OR BY A DEED IN LIEU OF FORECLOSURE.
(C) THE PROVISIONS OF THIS SECTION APPLY ONLY TO TRANSFERS BY SALE,
EXCHANGE, OR LEASE WITH OPTION OR OBLIGATION TO PURCHASE, OF RESIDENTIAL
REAL PROPERTY CONSISTING OF NOT LESS THAN ONE NOR MORE THAN FOUR DWELL-
ING UNITS AND APPLY TO ALL TRANSFERS, WITH OR WITHOUT THE ASSISTANCE OF
A LICENSED REAL ESTATE BROKER OR SALESMAN.
2. EACH PRE-MITIGATION AND POST-MITIGATION REPORT OF A RADON MEASURE-
MENT TEST PROVIDED TO THE PROSPECTIVE PURCHASER OF PROPERTY FOR SALE,
EXCHANGE, OR LEASE WITH OPTION OR OBLIGATION TO PURCHASE SHALL INCLUDE,
BUT NOT NECESSARILY BE LIMITED TO, THE FOLLOWING INFORMATION:
(A) THE NAME OF THE OWNER AND RESIDENT, STREET ADDRESS, MUNICIPALITY,
COUNTY, AND ZIP CODE OF LOCATION WHERE TESTING WAS PERFORMED;
(B) THE TYPE OF EQUIPMENT USED FOR RADON AND RADON DECAY PRODUCT TEST-
ING ACCORDING TO THE AUTHORIZED MEASUREMENT PROTOCOLS, MEDIA TESTED, AND
CONDITIONS UNDER WHICH TESTING WAS PERFORMED;
(C) THE LEVEL OR FLOOR OF THE BUILDING WHERE TESTS WERE CONDUCTED;
(D) THE RESULTS OF THE TEST IN PICOCURIES/LITER (PCI/L) OF RADON GAS
OR WORKING LEVEL (WL) OF RADON DECAY PRODUCTS;
(E) THE DATE OF START AND COMPLETION TIMES WHEN THE TEST WAS
CONDUCTED;
(F) THE PURPOSE OF THE TEST, SUCH AS SCREENING, FOLLOW-UP, DIAGNOSTIC,
PRE-MITIGATION, OR POST-MITIGATION;
(G) THE CERTIFIED RADON LABORATORY PERFORMING ANALYSIS OF THE SAMPLE
DEVICES;
(H) THE TYPE OF BUILDING THE TEST WAS PERFORMED IN: RESIDENTIAL OR
NON-RESIDENTIAL;
(I) WHETHER THE SAMPLING WAS PERFORMED BY THE BUILDING OWNER OR A
CERTIFIED RADON PROFESSIONAL; AND
(J) WHETHER OR NOT THE TEST WAS CONDUCTED AS PART OF A REAL ESTATE
TRANSACTION.
3. RADON MEASUREMENT BUSINESSES CERTIFIED BY THE DEPARTMENT OF HEALTH
SHALL SUBMIT TO THE DEPARTMENT OF HEALTH BY THE FIRST DAY OF THE SECOND
MONTH NEXT SUCCEEDING THE MONTH IN WHICH THE RADON AND RADON PROGENY
MEASUREMENTS WERE PERFORMED THE RESULTS OF ALL RADON AND RADON PROGENY
MEASUREMENTS PERFORMED IN SUCH APPROPRIATE PRECEDING MONTH. THE INFOR-
MATION SHALL BE SUBMITTED IN A FORMAT TO BE PRESCRIBED BY THE DEPARTMENT
OF HEALTH AND SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO:
(A) THE NAME OF THE OWNER AND RESIDENT, STREET ADDRESS, MUNICIPALITY,
COUNTY, AND ZIP CODE OF LOCATION WHERE TESTING WAS PERFORMED;
A. 2992 3
(B) THE TYPE OF EQUIPMENT USED FOR RADON AND RADON DECAY PRODUCT TEST-
ING ACCORDING TO THE AUTHORIZED MEASUREMENT PROTOCOLS, MEDIA TESTED, AND
CONDITIONS UNDER WHICH TESTING WAS PERFORMED;
(C) THE LEVEL OR FLOOR OF THE BUILDING WHERE TESTS WERE CONDUCTED;
(D) THE RESULTS OF THE TEST IN PICOCURIES/LITER (PCI/L) OF RADON GAS
OR WORKING LEVEL (WL) OF RADON DECAY PRODUCTS;
(E) THE DATE OF START AND COMPLETION TIMES WHEN THE TEST WAS
CONDUCTED;
(F) THE PURPOSE OF THE TEST, SUCH AS SCREENING, FOLLOW-UP, DIAGNOSTIC,
PRE-MITIGATION, OR POST-MITIGATION;
(G) THE CERTIFIED RADON LABORATORY PERFORMING ANALYSIS OF THE SAMPLE
DEVICES;
(H) THE TYPE OF BUILDING THE TEST WAS PERFORMED IN: RESIDENTIAL OR
NON-RESIDENTIAL;
(I) WHETHER THE SAMPLING WAS PERFORMED BY THE BUILDING OWNER OR A
CERTIFIED RADON PROFESSIONAL; AND
(J) WHETHER OR NOT THE TEST WAS CONDUCTED AS PART OF A REAL ESTATE
TRANSACTION.
4. RADON MITIGATION BUSINESSES CERTIFIED BY THE DEPARTMENT OF HEALTH
SHALL SUBMIT TO THE DEPARTMENT OF HEALTH BY THE FIRST DAY OF THE SECOND
MONTH NEXT SUCCEEDING THE MONTH IN WHICH THE MITIGATION WORK WAS
PERFORMED A REPORT OF ALL MITIGATION WORK PERFORMED IN SUCH APPROPRIATE
PRECEDING MONTH. THE REPORTS SHALL BE SUBMITTED IN A FORMAT TO BE
PRESCRIBED BY THE DEPARTMENT OF HEALTH AND SHALL INCLUDE THE FOLLOWING
INFORMATION:
(A) THE NAME AND ADDRESS OF THE OWNER AND RESIDENT OF THE BUILDING IN
WHICH MITIGATION WORK WAS PERFORMED AND THE TYPE OF BUILDING THAT WAS
MITIGATED: RESIDENTIAL OR NON-RESIDENTIAL;
(B) A DESCRIPTION OF THE MITIGATION WORK PERFORMED IN EACH BUILDING,
SPECIFYING THE TYPE OF MITIGATION SYSTEMS INSTALLED AND THE DATE OF
INSTALLATION; AND
(C) ALL PRE-MITIGATION AND POST-MITIGATION RADON TEST RESULTS, TEST
DATES, METHODS OF MEASUREMENT, THE LEVEL OR FLOOR OF BUILDING ON WHICH
TESTS WERE PERFORMED, AND THE NAME OF THE CERTIFIED MEASUREMENT BUSINESS
PERFORMING THE TESTS.
5. FAILURE OF THE SELLER OF RESIDENTIAL REAL PROPERTY IN NEW YORK
STATE OFFERED FOR SALE, EXCHANGE, OR LEASE WITH OPTION OR OBLIGATION TO
PURCHASE TO PROVIDE A PURCHASER, PRIOR TO THE EXECUTION OF ANY CONTRACT
TO PURCHASE, OPTION, OR LEASE (WITH OPTION OR OBLIGATION TO PURCHASE),
WITH PRE-MITIGATION RESULTS OR, WHERE APPLICABLE, POST-MITIGATION
RESULTS OF THE MOST RECENT RADON PROGENY MEASUREMENT TEST PERFORMED
WITHIN THE PREVIOUS SIX MONTHS BY A RADON MEASUREMENT BUSINESS CERTIFIED
BY THE DEPARTMENT OF HEALTH MAKES THE SELLER LIABLE, FOR A PERIOD OF
TWELVE MONTHS MEASURED FROM THE DATE OF SUCH EXECUTION, FOR ALL OF THE
PURCHASER'S REASONABLE COSTS IN DETECTING AND CORRECTING A RADON PROB-
LEM. THE SELLER WILL BE SIMILARLY LIABLE FOR SUCH COSTS IF THE SELLER
FAILS:
(A) TO PROVIDE THE PURCHASER WITH AN INFORMATIONAL PAMPHLET APPROVED
AND SUPPLIED BY THE DEPARTMENT OF HEALTH; OR
(B) TO PROVIDE THE PURCHASER WITH AN OPPORTUNITY TO CONDUCT A FOLLOW-
UP RADON TEST, IF DESIRED; OR
(C) TO ATTACH THE SIGNED COPIES OF ALL REAL ESTATE CONTRACTS.
AN ACTION TO RECOVER SUCH COSTS MUST BE COMMENCED WITHIN THREE YEARS
AFTER THE DATE ON WHICH THE CLOSING OF THE SALE TAKES PLACE. IN ADDI-
TION, THE COURT MAY ALSO AWARD REASONABLE ATTORNEY'S FEES TO THE
A. 2992 4
PURCHASER IF THE PURCHASER BRINGS A SUCCESSFUL ACTION AGAINST THE SELLER
AS PROVIDED IN THIS SUBDIVISION.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, and shall apply to all
contracts for the purchase of residential real property entered into on
or after such date.