S T A T E   O F   N E W   Y O R K
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                                  2992

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

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.