senate Bill S2594

2011-2012 Legislative Session

Requires buyers and lessees of residential real property to be given notice of public access to sex offender information

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
May 23, 2011 advanced to third reading
May 18, 2011 2nd report cal.
May 17, 2011 1st report cal.737
Jan 26, 2011 referred to judiciary

Votes

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May 17, 2011 - Judiciary committee Vote

S2594
9
4
committee
9
Aye
4
Nay
10
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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S2594 - Bill Details

Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add ยงยง220-a & 242-a, RP L
Versions Introduced in 2009-2010 Legislative Session:
S2519

S2594 - Bill Texts

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Requires that contracts for the sale or lease of residential real property include a notice that information on high risk sex offenders is available to the public and that the division of criminal justice services maintain a "900" telephone number through which sex offender information is available on specific individuals.

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BILL NUMBER:S2594

TITLE OF BILL:

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

PURPOSE:

To include in all leases and contracts for sale of real property a
notice informing the renter and/or buyer of the existence of the N.Y.
sex offender registry.

SUMMARY OF PROVISIONS:

Adds two new sections, 220-a and 242-a, to the Real Property Law, to
include a notice on all leases and contracts for sale of real
property which informs the renter and/or buyer of the existence of
the N.Y. sex offender (Megan's Law) registry, its corollary "900"
telephone number and the Division of Criminal Justice Services website.

JUSTIFICATION:

The proposed amendment would require all written leases and rental
agreements for residential real property and contracts for sale of
residential real property entered into contain a specified notice
regarding the subdirectory of high risk sex offenders, the New York
State Special "900" telephone number and the DCJS website. This bill
would provide that, upon delivery of the notice, the lessor, seller,
or broker is not required to provide additional information regarding
registered sex offenders, and that a registered sex offender may not
bring any cause of action against the disclosing party.

FISCAL IMPLICATIONS:

None to the state.

PRIOR LEGISLATIVE HISTORY:

2000: Passed Senate.
2001-02: Passed Senate.
2003-04: Passed Senate/Assembly Judiciary Cmte.
2005-06: Senate Judiciary Cmte./Assembly Judiciary Cmte.
2007-08: Senate Judiciary Cmte./Assembly Judiciary Cmte.
2009-10: Advanced to Third Reading

EFFECTIVE DATE:

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.


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

                                  2594

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 26, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed 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 MAIN-
TAINS  AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES THE
LOCATION OF HIGH RISK SEX OFFENDERS REQUIRED  TO  REGISTER  PURSUANT  TO
ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGISTRATION 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 HIGH RISK SEX OFFENDERS.
THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES  ALSO  OPERATES
FOR PUBLIC ACCESS A SPECIAL "900" TELEPHONE 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.  IN ADDITION,
THE NEW YORK STATE DIVISION OF CRIMINAL  JUSTICE  SERVICES  MAINTAINS  A
WEBSITE  PROVIDING  INFORMATION,  INCLUDING  THE  NAMES  AND  ADDRESSES,
REGARDING CERTAIN SEX OFFENDERS.
  2. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, UPON
DELIVERY OF THE NOTICE REQUIRED PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION  TO  THE  LESSEE  OF  THE RESIDENTIAL REAL PROPERTY, NEITHER THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06036-02-1

S. 2594                             2

LESSOR NOR ANY AGENT OF THE LESSOR SHALL BE REQUIRED TO PROVIDE INFORMA-
TION IN ADDITION TO THAT CONTAINED IN THE NOTICE  REGARDING  THE  AVAIL-
ABILITY  OF  THE  SUBDIRECTORY, THE SPECIAL "900" NUMBER OR THE WEBSITE.
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 HIGH RISK SEX OFFENDERS AND INFORMATION FROM THE SUBDIREC-
TORY REGARDING THOSE LOCATIONS. THE INFORMATION IN THE NOTICE SHALL  NOT
GIVE RISE TO ANY CAUSE OF ACTION AGAINST THE DISCLOSING PARTY.
  3.  WHERE  THE LESSEE RECEIVES THE NOTICE CONTAINED IN SUBDIVISION ONE
OF THIS SECTION AT OR BEFORE THE TIME OF A WRITTEN OFFER OF A  LEASE  OR
RENTAL  AGREEMENT FOR THE LEASE OF RESIDENTIAL REAL PROPERTY, ANY PERSON
WHO IS LICENSED AS A REAL ESTATE BROKER, ASSOCIATE REAL  ESTATE  BROKER,
OR  REAL  ESTATE  SALESPERSON UNDER SECTION FOUR HUNDRED FORTY-A OF THIS
CHAPTER AND WHO IS ACTING IN A FIDUCIARY CAPACITY FOR EITHER A LESSOR OR
A LESSEE OF RESIDENTIAL REAL PROPERTY SHALL NOT BE REQUIRED  TO  PROVIDE
ANY  FURTHER  INFORMATION TO THE LESSEE OF THE RESIDENTIAL REAL PROPERTY
REGARDING INFORMATION RELATING TO OR THE LOCATION OF SEX OFFENDERS.
  4. 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 MAIN-
TAINS  AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES THE
LOCATION OF HIGH RISK SEX OFFENDERS REQUIRED  TO  REGISTER  PURSUANT  TO
ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGISTRATION 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 HIGH RISK SEX OFFENDERS.
THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES  ALSO  OPERATES
FOR PUBLIC ACCESS A SPECIAL "900" TELEPHONE 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.  IN ADDITION,
THE NEW YORK STATE DIVISION OF CRIMINAL  JUSTICE  SERVICES  MAINTAINS  A
WEBSITE  PROVIDING  INFORMATION,  INCLUDING  THE  NAMES  AND  ADDRESSES,
REGARDING CERTAIN SEX OFFENDERS.
  2. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, UPON
DELIVERY OF THE NOTICE REQUIRED PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION TO THE BUYER OF THE RESIDENTIAL REAL PROPERTY, NEITHER THE SELL-
ER  NOR ANY AGENT OF THE SELLER SHALL BE REQUIRED TO PROVIDE INFORMATION
IN ADDITION TO THAT CONTAINED IN THE NOTICE REGARDING  THE  AVAILABILITY
OF  THE  SUBDIRECTORY,  THE  SPECIAL  "900" NUMBER OR THE WEBSITE.   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 HIGH RISK SEX OFFENDERS AND INFORMATION FROM THE SUBDIRECTORY REGARD-
ING THOSE LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT  GIVE  RISE
TO ANY CAUSE OF ACTION AGAINST THE DISCLOSING PARTY.
  3. WHERE THE BUYER RECEIVES THE NOTICE CONTAINED IN SUBDIVISION ONE OF
THIS  SECTION AT OR BEFORE THE TIME OF THE MAKING OF A WRITTEN OFFER FOR
THE PURCHASE OF RESIDENTIAL REAL PROPERTY, ANY PERSON WHO IS LICENSED AS
A REAL ESTATE BROKER, ASSOCIATE  REAL  ESTATE  BROKER,  OR  REAL  ESTATE
SALESPERSON  UNDER  SECTION FOUR HUNDRED FORTY-A OF THIS CHAPTER AND WHO

S. 2594                             3

IS ACTING IN A FIDUCIARY CAPACITY FOR EITHER A  BUYER  OR  A  SELLER  OF
RESIDENTIAL  REAL  PROPERTY SHALL NOT BE REQUIRED TO PROVIDE ANY FURTHER
INFORMATION TO THE BUYER OF  THE  RESIDENTIAL  REAL  PROPERTY  REGARDING
INFORMATION RELATING TO OR THE LOCATION OF SEX OFFENDERS.
  4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, NOTHING IN THIS SECTION SHALL ALTER ANY EXISTING  DUTY  OF  THE
SELLER OR ANY AGENT OF SUCH SELLER 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.

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