S T A T E O F N E W Y O R K
________________________________________________________________________
2761
2011-2012 Regular Sessions
I N A S S E M B L Y
January 20, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to author-
izing certain counties to increase the fees imposed for recording
certain instruments with the county clerk
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph a of paragraph 4 of subdivision (a) of section
8021 of the civil practice law and rules, as amended by chapter 288 of
the laws of 2008, is amended to read as follows:
a. (1) For recording, entering, indexing and endorsing a certificate
on any instrument, five dollars, and, in addition thereto, three dollars
for each page or portion of a page, and fifty cents for each additional
town, city, block or other indices in which such instrument is to be
indexed as directed by the endorsement thereon. On the assignment of a
mortgage which assigns more than one mortgage or on a release of lease
which releases more than one lease, then there shall be an additional
fee of three dollars for every mortgage assigned or lease released in
excess of one.
(2) Notwithstanding clause one of this subparagraph, any county may
opt by county law to increase the fee for recording, entering, indexing
and endorsing a certificate on any instrument from five dollars to
[twenty] TWENTY-FIVE dollars and, in addition thereto, increase from
three dollars to five dollars for each page or portion of a page. Such
increase shall take effect thirty days after the county enacts such
fees. For the purpose of determining the appropriate recording fee, the
fee for any cover page shall be deemed an additional page of the instru-
ment. A cover page shall not include any social security account number
or date of birth. To the extent a county clerk has placed an image of
such cover page online, such county clerk shall make a good faith effort
to redact such information.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03040-01-1
A. 2761 2
S 2. Subparagraph a of paragraph 11 of subdivision (b) of section 8021
of the civil practice law and rules, as amended by chapter 55 of the
laws of 1992, is amended to read as follows:
a. (1) For recording any instrument required by statute to be
recorded, in counties within the city of New York, ten dollars, and in
all other counties, five dollars, and, in addition thereto, three
dollars for each page or portion of a page recorded, except that the
charge for instruments of surrender and orders of commitment required to
be filed and recorded pursuant to section three hundred eighty-four of
the social services law shall be ten dollars per instrument or order in
counties within the city of New York, and in all other counties, five
dollars per instrument or order.
(2) NOTWITHSTANDING THE PROVISIONS OF CLAUSE ONE OF THIS SUBPARAGRAPH,
ANY COUNTY, NOT WHOLLY ENCOMPASSED BY A CITY, MAY BY COUNTY LAW INCREASE
THE FEE FOR RECORDING ANY INSTRUMENT REQUIRED BY STATUTE TO BE RECORDED
FROM FIVE DOLLARS TO TWENTY-FIVE DOLLARS AND, IN ADDITION THERETO,
INCREASE FROM THREE DOLLARS TO FIVE DOLLARS FOR EACH PAGE OR PORTION OF
A PAGE RECORDED. SUCH INCREASE SHALL TAKE EFFECT THIRTY DAYS AFTER THE
COUNTY ENACTS SUCH COUNTY LAW.
S 3. This act shall take effect immediately.