senate Bill S1268

2013-2014 Legislative Session

Requires certain information to be provided on a real property transfer form

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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 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

Co-Sponsors

S1268 - Bill Details

See Assembly Version of this Bill:
A2626
Current Committee:
Law Section:
Real Property Law
Laws Affected:
Amd ยง333, RP L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1409, A5902
2009-2010: S5062, A8046

S1268 - Bill Texts

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Requires certain information to be provided on a real property transfer form; requires limited liability companies to provide certain information when purchasing real property.

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BILL NUMBER:S1268

TITLE OF BILL:
An act
to amend the real property law, in relation to clarifying information
collected on a real property transfer form

PURPOSE:
This legislation would change the Real Property Law to make
available necessary information including names and addresses of
members of limited liability corporations to local municipalities to
assist them in their efforts to enforce codes, properly administer
the assessment process and collect judgments and taxes.

SUMMARY OF PROVISIONS:
Section 1 amends subparagraph 7 and 8 of subparagraph ii of
subdivision 1-e of section 333 of the real property law, as amended
by section 1 of part B of Chapter 57 of the laws of
2004 and adds two new subparagraphs 9 and 10 to require that a
purchaser of a parcel, in the event it is a limited liability
company, corporation or other such entity, must include the name of a
company, the place of business of the company, the name of a
responsible party who has an interest in the company, and a telephone
number where such responsible party may be contacted.

Such requirements would apply to all counties in New York State,
including those comprising New York City.

EXISTING LAW:
Existing law does not require that
member(s) of a LLC
execute articles of organization, specify actual place of business,
or that the members of such LLC be listed.

JUSTIFICATION:
Residential properties are routinely acquired by
Limited Liability Companies (LLCs) and often the buyer's signature on
the real property transfer form (RP-5217) is illegible, with a post
office box provided for the address. Current law does not require
that members of a LLC or the LLC's actual place of business be listed
on such forms.

As a result of these oversights in the current Real Property law,
serious problems frequently arise for municipal code enforcement and
assessment officials in carrying out the enforcement of the housing
code, collection of fines and judgments, and delinquent tax
collection. This inability to contact or provide legal service of
notices to an individual responsible for the property seriously
affects the quality of life in neighborhoods with multiple properties
owned by LLC's.

LEGISLATIVE HISTORY:
2011-2012 (S.1409) Referred to Judiciary
2009-2010 (S.5062) Referred to Judiciary

FISCAL IMPLICATIONS:


None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect 180 days after it shall have become law.

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

                                  1268

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERKINS -- 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 clarifying  infor-
  mation collected on a real property transfer form

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraphs 7 and 8 of paragraph ii of subdivision 1-e of
section 333 of the real property law, as amended by section 1 of part  B
of chapter 57 of the laws of 2004, are amended and two new subparagraphs
9 and 10 are added to read as follows:
  (7)  in the event the parcel conveyed by such deed is a portion of the
parcel owned by the transferor or transferors,  a  statement  indicating
whether the city, town or village in which such property is situated has
a  planning  board  or  other  entity empowered to approve subdivisions;
[and]
  (8) in the event such planning board or other entity is  empowered  to
approve subdivisions, a statement indicating whether the parcel conveyed
by such deed is (a) not subject to such subdivision approval or (b) such
subdivision  has  been  approved by the respective city, town or village
planning board or other entity empowered to approve subdivisions[.];
  (9) IN THE EVENT THAT THE PURCHASER IS (A) AN  INDIVIDUAL,  A  LIMITED
LIABILITY  COMPANY,  SOCIETY,  ASSOCIATION,  JOINT STOCK COMPANY, CORPO-
RATION, ESTATE, RECEIVER,  TRUSTEE,  ASSIGNEE,  REFEREE,  OR  ANY  OTHER
PERSON  ACTING  IN  A  FIDUCIARY  CAPACITY,  AND  (B) THE PROPERTY BEING
PURCHASED IS LOCATED IN THIS STATE, THE NAME AND PLACE  OF  BUSINESS  OF
THE  COMPANY,  SOCIETY,  ASSOCIATION,  JOINT STOCK COMPANY, CORPORATION,
ESTATE, RECEIVER, TRUSTEE, ASSIGNEE, REFEREE, OR ANY OTHER PERSON ACTING
IN A FIDUCIARY CAPACITY, THE NAME OF A  RESPONSIBLE  PARTY  WHO  HAS  AN
INTEREST  IN  THE  COMPANY,  SOCIETY,  ASSOCIATION, JOINT STOCK COMPANY,
CORPORATION, ESTATE, RECEIVER, TRUSTEE, ASSIGNEE, REFEREE, OR ANY  OTHER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02708-01-3

S. 1268                             2

PERSON  ACTING  IN  A  FIDUCIARY CAPACITY, AND A PHONE NUMBER WHERE SUCH
RESPONSIBLE PARTY MAY BE CONTACTED. ANY PERSON SUPPLYING  SUCH  INFORMA-
TION  MUST  USE  HIS OR HER LEGAL NAME.  SUCH INFORMATION MUST BE EITHER
TYPED OR CLEARLY PRINTED. IN THE EVENT A PERSON ERRONEOUSLY TYPED OR DID
NOT  CLEARLY  PRINT HIS OR HER LEGAL NAME, THE COUNTY CLERK MAY CHARGE A
CONVENIENCE FEE OF TWENTY DOLLARS TO AMEND THE TRANSFER REPORT; AND
  (10) A SWORN AFFIDAVIT, SUBSCRIBED TO BY THE PURCHASER,  STATING  THAT
THE  INFORMATION PROVIDED PURSUANT TO THIS PARAGRAPH IS TRUE TO THE BEST
KNOWLEDGE OF THE AFFIANT.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately  the  office  of  real
property  services  may  amend,  add,  or  repeal any rule or regulation
necessary for the timely implementation of this  act  on  its  effective
date.

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