S T A T E O F N E W Y O R K
________________________________________________________________________
8481--A
2011-2012 Regular Sessions
I N A S S E M B L Y
June 17, 2011
___________
Introduced by M. of A. LIFTON, P. RIVERA, JAFFEE, ENGLEBRIGHT, ABINANTI,
TITONE -- Multi-Sponsored by -- M. of A. DINOWITZ, GLICK, GOTTFRIED,
JACOBS, MAGEE, NOLAN -- read once and referred to the Committee on
Judiciary -- recommitted to the Committee on Judiciary in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general obligations law and the real property law,
in relation to requiring the signatures of all owners of leased prem-
ises for every lease for oil, gas or mineral rights, and any modifica-
tion, extension or renewal thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 5-333 of the general obligations
law, as added by chapter 386 of the laws of 2005, is amended, and two
new subdivisions 3-a and 5-a are added to read as follows:
3-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, ANY OIL, GAS OR MINERAL LEASE CONCERNING OIL, GAS OR
MINERAL RIGHTS SHALL BE SIGNED BY ALL OWNERS OF THE LEASED PREMISES AS
OF THE DATE THE LEASE IS SIGNED. ANY LEASE WHICH CONTAINS LESS THAN
EVERY SIGNATURE OF ALL OWNERS OF THE LEASED PERMITS SHALL BE VOID AND
UNENFORCEABLE IN ITS ENTIRETY AS TO ANY SURFACE RIGHTS, AND VOID AND
UNENFORCEABLE AS TO ANY SUB-SURFACE INTEREST.
5-A. NO MODIFICATIONS, INCLUDING EXTENSIONS AND RENEWALS, OF ANY LEASE
SHALL BE EFFECTIVE UNLESS IT CONTAINS THE NOTICE OF CANCELLATION
PROVISIONS SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
6. The provisions of subdivisions one, two, three and four of this
section shall apply to leases entered into on or after January first,
nineteen hundred eighty-five [and], the provisions of subdivision five
of this section shall apply to leases entered into on or after January
first, two thousand six, AND THE PROVISIONS OF SUBDIVISIONS THREE-A AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11772-03-2
A. 8481--A 2
FIVE-A OF THIS SECTION SHALL APPLY TO LEASES ENTERED INTO ON OR AFTER
JANUARY FIRST, TWO THOUSAND THIRTEEN.
S 2. Section 291-c of the real property law is amended by adding a new
closing paragraph to read as follows:
FOR ANY OIL, GAS OR MINERAL LEASE CONCERNING OIL, GAS OR MINERAL
RIGHTS SIGNED ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY
RECORDING OF A MEMORANDUM OF LEASE, INCLUDING ANY MODIFICATION, EXTEN-
SION OR RENEWAL, SHALL BE SIGNED BY ALL OWNERS OF THE LEASED PREMISES.
ANY MEMORANDA NOT SIGNED BY ALL OWNERS OF THE LEASED PREMISES IS VOID
AND UNENFORCEABLE.
S 3. Section 291-cc of the real property law, as added by chapter 472
of the laws of 1962, is added to read as follows:
S 291-cc. [1.] Recording modifications of leases. 1. Where a lease or
memorandum of such lease has been recorded, an unrecorded agreement
modifying such lease or memorandum is void as against a subsequent
purchaser in good faith and for a valuable consideration, and the
possession of the tenant shall not be deemed notice of the modification,
unless the agreement of modification or a memorandum thereof is recorded
prior to the recording of the instrument by which the subsequent
purchaser acquires his estate or interest.
2. A memorandum of an agreement modifying a lease shall contain at
least the following information with respect to the agreement: the names
of the parties and the addresses, if any, set forth in the agreement; a
reference to the agreement with its date of execution; a brief
description of the leased premises in form sufficient to identify the
same; any changes made by the agreement in the term of the lease and the
date of the termination of the lease as modified, and any changes in the
provisions of the lease as to the rights of extension or renewal.
3. For the purpose of this section the word "purchaser" includes a
person who purchases or acquires by exchange or contracts to purchase or
acquire by exchange the leased premises or the real property of which
the leased premises are part or any estate or interest therein, or
acquires by assignment the rent to accrue from tenancies or subtenancies
thereof in existence at the time of the assignment.
4. FOR ANY OIL, GAS OR MINERAL LEASE CONCERNING OIL, GAS OR MINERAL
RIGHTS SIGNED ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, ANY
RECORDING OF A MODIFICATION OF A LEASE, INCLUDING ANY EXTENSION OR
RENEWAL, SHALL BE SIGNED BY ALL OWNERS OF THE LEASED PREMISES. ANY
MODIFICATIONS NOT SIGNED BY ALL OWNERS OF THE LEASED PREMISES IS VOID
AND UNENFORCEABLE.
S 4. This act shall take effect January 1, 2013.