S. 5722 2
(b) dismissing an information, prosecutor's information, simplified
information or misdemeanor complaint pursuant to article 170; or
(c) granting discovery pursuant to article 240; or
(d) granting a bill of particulars pursuant to [sections] SECTION
100.45 or [200.90] 200.95; or
(e) removing the action pursuant to [sections] SECTION 170.15, 230.20
or 230.30; or
(f) suppressing the use at trial of any evidence pursuant to article
710; or
(g) granting separate trials pursuant to article 100 or 200.
2. "PRE-TRIAL MOTION" AS USED IN SECTION 255.25 OF THIS ARTICLE MEANS
ANY MOTION BY THE DISTRICT ATTORNEY WHICH SEEKS AN ORDER OF THE COURT
VOIDING AN INSTRUMENT AFFECTING REAL PROPERTY IN ACCORDANCE WITH SUCH
SECTION.
S 3. The criminal procedure law is amended by adding a new section
255.25 to read as follows:
S 255.25 PRE-TRIAL MOTION RELATING TO CERTAIN INSTRUMENTS AFFECTING REAL
PROPERTY.
1. WHEN THE DISTRICT ATTORNEY FILES A CRIMINAL INFORMATION OR INDICT-
MENT ALLEGING THAT A DEFENDANT HAS VIOLATED SUBDIVISION TWO OF SECTION
175.35 OF THE PENAL LAW, THE DISTRICT ATTORNEY MAY FILE A MOTION TO VOID
THE INSTRUMENT THAT IS THE SUBJECT OF SUCH CRIMINAL INFORMATION OR
INDICTMENT. SUCH MOTION MUST BE IN WRITING AND PROVIDE REASONABLE NOTICE
TO ALL PERSONS WHO HAVE AN INTEREST IN THE PROPERTY AFFECTED BY SUCH
INSTRUMENT. THE MOTION PAPERS MUST STATE THE BOROUGH, IF IN THE CITY OF
NEW YORK, AND BLOCK, LOT, AND STREET ADDRESS, IF AVAILABLE, OF SUCH
PROPERTY AND A DESCRIPTION OF SUCH PROPERTY. THE MOTION PAPERS MUST
STATE THE GROUNDS OF THE MOTION AND MUST CONTAIN SWORN ALLEGATIONS OF
FACT SUPPORTING SUCH GROUNDS. THE MOTION PAPERS MUST NOTIFY ALL PERSONS
WHO HAVE AN INTEREST IN THE PROPERTY AFFECTED BY SUCH INSTRUMENT OF
THEIR RIGHT TO BE HEARD.
2. WITHIN TEN DAYS AFTER FILING A MOTION PURSUANT TO SUBDIVISION ONE
OF THIS SECTION, THE DISTRICT ATTORNEY SHALL RECORD A COPY OF THE NOTICE
OF MOTION IN THE OFFICE OF THE CLERK OF THE COUNTY IN WHICH THE PROPERTY
IS SITUATED. THE NOTICE SHALL BE INDEXED BY THE CLERK IN THE MANNER
PRESCRIBED BY SUBDIVISION (C) OF RULE SIXTY-FIVE HUNDRED ELEVEN OF THE
CIVIL PRACTICE LAW AND RULES FOR A NOTICE OF PENDENCY OF ACTION AND
SHALL HAVE THE SAME EFFECT AS SUCH NOTICE.
3. THE COURT MUST CONDUCT A HEARING AND MAKE FINDINGS OF FACT ESSEN-
TIAL TO THE DETERMINATION WHETHER TO DECLARE THE INSTRUMENT DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION VOID AB INITIO. ALL PERSONS GIVING
FACTUAL INFORMATION AT SUCH HEARING MUST TESTIFY UNDER OATH, EXCEPT THAT
UNSWORN EVIDENCE PURSUANT TO SUBDIVISION TWO OF SECTION 60.20 OF THIS
CHAPTER MAY ALSO BE RECEIVED. UPON SUCH HEARING, HEARSAY EVIDENCE IS
ADMISSIBLE TO ESTABLISH ANY MATERIAL FACT.
4. AFTER CONDUCTING A HEARING PURSUANT TO SUBDIVISION THREE OF THIS
SECTION, AND UPON THE CONVICTION OF THE DEFENDANT FOR VIOLATING SUBDIVI-
SION TWO OF SECTION 175.35 OF THE PENAL LAW, A COURT MAY ORDER THAT THE
INSTRUMENT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION BE DECLARED VOID
AB INITIO. THE ORDER OF THE COURT SHALL DESCRIBE THE NATURE OF THE FALSE
STATEMENT OR FALSE INFORMATION CONTAINED IN SUCH INSTRUMENT. A COPY OF
SUCH INSTRUMENT SHALL BE ATTACHED TO THE ORDER OF THE COURT.
5. IF THE COURT, UPON CONSIDERING THE MOTION, FINDS THAT THE MATTER IS
MORE APPROPRIATELY DETERMINED IN A CIVIL PROCEEDING, THE COURT MAY
DECLINE TO MAKE A DETERMINATION.
S. 5722 3
6. IF, PRIOR TO THE HEARING DESCRIBED IN SUBDIVISION THREE OF THIS
SECTION, ANY PERSON FILES A QUIET TITLE ACTION PURSUANT TO ARTICLE
FIFTEEN OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW THAT SEEKS A
JUDICIAL DETERMINATION OF THE VALIDITY OF THE INSTRUMENT THAT IS THE
SUBJECT OF THE MOTION, THE COURT MAY CONSIDER SUCH ACTION AS AN ADDI-
TIONAL BUT NOT DISPOSITIVE FACTOR IN MAKING ITS DETERMINATION PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION.
7. IF THE ORDER RELATES TO AN INSTRUMENT THAT HAS BEEN FILED WITH,
REGISTERED OR RECORDED IN A PUBLIC OFFICE, THE DISTRICT ATTORNEY SHALL
RECORD A CERTIFIED COPY OF SUCH ORDER IN THE OFFICE OF THE RECORDING
OFFICER OF THE COUNTY IN WHICH SUCH PROPERTY IS SITUATED, IN THE SAME
MANNER AS A CONVEYANCE DULY ACKNOWLEDGED OR PROVED AND CERTIFIED SO AS
TO ENTITLE IT TO BE RECORDED. SUCH RECORDING OFFICER SHALL RECORD THE
SAME IN HIS OR HER SAID OFFICE.
8. IF THE COURT DOES NOT ISSUE AN ORDER PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION, THE DISTRICT ATTORNEY SHALL RECORD A WITHDRAWAL OF THE
NOTICE OF MOTION IN THE COUNTY IN WHICH THE PROPERTY IS SITUATED.
9. FOR PURPOSES OF THIS SECTION, "ALL PERSONS WHO HAVE AN INTEREST IN
THE PROPERTY AFFECTED BY SUCH INSTRUMENT" MEANS ALL PARTIES WHO HAVE
RECORDED AN INSTRUMENT AFFECTING THE REAL PROPERTY THAT IS THE SUBJECT
OF THE INSTRUMENT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION AS OF THE
DATE OF THE FILING OF THE CRIMINAL INFORMATION OR INDICTMENT.
S 4. Section 131 of the executive law is amended by adding a new
subdivision 1-a to read as follows:
1-A. EACH APPLICANT FOR A NOTARY PUBLIC COMMISSION SHALL SUBMIT TO THE
DIVISION OF CRIMINAL JUSTICE SERVICES TWO SETS OF FINGERPRINT IMAGES TO
ASSIST IN DETERMINING THE IDENTITY OF THE APPLICANT AND WHETHER SUCH
APPLICANT HAS BEEN CONVICTED OF A FELONY OR ANY OFFENSES SET FORTH IN
SECTION ONE HUNDRED THIRTY OF THIS ARTICLE. THE DIVISION SHALL FORWARD
ONE SET OF FINGERPRINT IMAGES TO THE FEDERAL BUREAU OF INVESTIGATION FOR
A NATIONAL CRIMINAL HISTORY RECORD CHECK. AFTER CONDUCTING A STATE CRIM-
INAL RECORDS HISTORY SEARCH AND REVIEWING THE INFORMATION RETURNED FROM
THE FEDERAL BUREAU OF INVESTIGATION, THE DIVISION SHALL COMPILE THE
RELEVANT REQUESTED STATE AND FEDERAL CRIMINAL HISTORY INFORMATION AND
SUBMIT A RESPONSE TO THE SECRETARY OF STATE. THE DIVISION SHALL CHARGE A
FEE SUFFICIENT TO COVER THE COST OF PROCESSING THE REQUESTS DESCRIBED IN
THIS SUBDIVISION.
S 5. The executive law is amended by adding a new section 135-c to
read as follows:
S 135-C. REQUIREMENTS OF NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS
RELATED TO CERTAIN INSTRUMENTS AFFECTING REAL PROPERTY. 1. APPLICATION.
THIS SECTION SHALL APPLY TO NOTARIES PUBLIC APPOINTED PURSUANT TO
SECTION ONE HUNDRED THIRTY OF THIS ARTICLE AND TO COMMISSIONERS OF DEEDS
APPOINTED PURSUANT TO SECTION ONE HUNDRED FORTY OF THIS ARTICLE WHEN
SUCH NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS PERFORM ACTS INVOLVING
CONVEYANCES OF RESIDENTIAL REAL PROPERTY IN THE CITY OF NEW YORK.
2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CONVEYANCE" MEANS EVERY WRITTEN INSTRUMENT BY WHICH THE TITLE TO
ANY RESIDENTIAL REAL PROPERTY IN THE CITY OF NEW YORK MAY BE TRANS-
FERRED, EXCLUDING:
(I) A COURT-ORDERED OR COURT-AUTHORIZED TRANSFER OF RESIDENTIAL REAL
PROPERTY, INCLUDING BUT NOT LIMITED TO A TRANSFER BETWEEN SPOUSES OR
FORMER SPOUSES AS A RESULT OF A DECREE OF DIVORCE, DISSOLUTION OF
MARRIAGE, ANNULMENT, OR LEGAL SEPARATION OR AS A RESULT OF PROPERTY
SETTLEMENT, AGREEMENT INCIDENTAL TO A DECREE OF DIVORCE, DISSOLUTION OF
S. 5722 4
MARRIAGE, ANNULMENT OR LEGAL SEPARATION; A TRANSFER ORDER BY A PROBATE
COURT DURING THE ADMINISTRATION OF A DECEDENT'S ESTATE; A JUDGMENT OF A
FORECLOSURE AND SALE, OR A LEVY PURSUANT TO AN EXECUTION;
(II) A COURT-ORDERED VOIDING OF AN INSTRUMENT AFFECTING REAL PROPERTY
PURSUANT TO SUBDIVISION FOUR OF SECTION 225.25 OF THE CRIMINAL PROCEDURE
LAW;
(III) A TRANSFER OF PROPERTY IN TRUST IN WHICH THE BENEFICIARY IS OR
INCLUDES THE GRANTOR;
(IV) A DEED FROM A GRANTOR TO HIMSELF OR HERSELF FOR THE PURPOSE OF
CHANGING THE TENANCY BY WHICH THE PROPERTY IS HELD; AND
(V) A TRANSFER TO A MORTGAGEE BY A MORTGAGOR BY DEED IN LIEU OF FORE-
CLOSURE OR IN SATISFACTION OF THE MORTGAGE DEBT.
(B) "FINANCIAL INSTITUTION" SHALL MEAN A BANK, TRUST COMPANY, SAVINGS
INSTITUTION, OR CREDIT UNION, CHARTERED AND SUPERVISED UNDER STATE OR
FEDERAL LAW.
(C) "NOTARIAL RECORD" SHALL MEAN THE DOCUMENT CREATED IN CONFORMITY
WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION.
(D) "RESIDENTIAL REAL PROPERTY" SHALL MEAN A BUILDING CONSISTING OF
ONE TO THREE DWELLING UNITS OR AN INDIVIDUAL RESIDENTIAL CONDOMINIUM
UNIT.
(E) "SIGNATORY" SHALL MEAN THE PERSON WHOSE SIGNATURE IS BEING
ACKNOWLEDGED BY A NOTARY PUBLIC OR COMMISSIONER OF DEEDS.
3. NOTARIAL RECORD REQUIREMENT. A NOTARIAL RECORD MUST BE CREATED FOR
ANY ACT OF A NOTARY PUBLIC OR COMMISSIONER OF DEEDS RELATED TO A CONVEY-
ANCE. SUCH NOTARIAL RECORD SHALL BE ON A FORM PRESCRIBED BY THE DEPART-
MENT OF FINANCE OF THE CITY OF NEW YORK AND SHALL CONTAIN THE FOLLOWING
INFORMATION:
(A) THE DATE OF THE ACT;
(B) THE TYPE, TITLE, OR DESCRIPTION OF THE INSTRUMENT SWORN TO,
AFFIRMED, ACKNOWLEDGED, OR PROVED BEFORE THE NOTARY;
(C) THE BOROUGH, BLOCK, LOT, AND STREET ADDRESS OF THE RESIDENTIAL
REAL PROPERTY THAT IS THE SUBJECT OF THE CONVEYANCE;
(D) THE FULL PRINTED NAME, SIGNATURE, AND RESIDENTIAL STREET ADDRESS
OF EACH PERSON WHOSE SIGNATURE IS BEING NOTARIZED;
(E) A DESCRIPTION OF THE SATISFACTORY EVIDENCE REVIEWED BY THE NOTARY
PUBLIC OR COMMISSIONER OF DEEDS TO DETERMINE THE IDENTITY OF EACH PERSON
WHOSE SIGNATURE IS BEING NOTARIZED;
(F) THE FEE CHARGED FOR THE ACT OF THE NOTARY PUBLIC;
(G) THE BUSINESS PHONE NUMBER AND STREET ADDRESS OF THE NOTARY PUBLIC
OR COMMISSIONER OF DEEDS, AND THE COMMISSION OR APPOINTMENT EXPIRATION
DATE;
(H) THE RIGHT THUMBPRINT OF EACH PERSON WHOSE SIGNATURE IS BEING NOTA-
RIZED, PROVIDED THAT IF THE RIGHT THUMBPRINT IS NOT AVAILABLE, THEN THE
LEFT THUMBPRINT, OR ANY AVAILABLE FINGERPRINT, WHICH SHALL BE INDICATED
IN THE NOTARIAL RECORD, AND FURTHER PROVIDED THAT IF THE SIGNATORY IS
PHYSICALLY UNABLE TO PROVIDE A THUMBPRINT OR FINGERPRINT, THE NOTARY
PUBLIC OR COMMISSIONER OF DEEDS SHALL INDICATE THE SAME IN THE NOTARIAL
RECORD AND DESCRIBE THE PHYSICAL DISABILITY.
4. SATISFACTORY EVIDENCE. FOR THE PURPOSES OF THIS SECTION, "SATISFAC-
TORY EVIDENCE" MEANS THE ABSENCE OF ANY EVIDENCE OR INFORMATION THAT
WOULD LEAD A REASONABLE PERSON TO BELIEVE THAT THE PERSON WHOSE SIGNA-
TURE IS BEING NOTARIZED IS NOT THE INDIVIDUAL HE OR SHE CLAIMS TO BE,
TOGETHER WITH ANY OF THE FOLLOWING:
(A) PRESENTATION OF ANY ONE OF THE FOLLOWING DOCUMENTS IDENTIFYING THE
SIGNATORY:
S. 5722 5
(I) A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED
BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT, ANY
UNITED STATES TERRITORY, COMMONWEALTH OR POSSESSION, THE DISTRICT OF
COLUMBIA, OR A STATE GOVERNMENT WITHIN THE UNITED STATES; OR
(II) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT.
(B) PRESENTATION OF ANY ONE OF THE FOLLOWING DOCUMENTS IDENTIFYING THE
SIGNATORY, PROVIDED THAT SUCH DOCUMENT HAS BEEN ISSUED WITHIN THE PAST
FIVE YEARS, CONTAINS A PHOTOGRAPH OF THE PERSON IDENTIFIED, HAS BEEN
SIGNED BY THE PERSON IDENTIFIED, AND BEARS AN IDENTIFICATION OR SERIAL
NUMBER:
(I) A PASSPORT ISSUED BY A FOREIGN GOVERNMENT, PROVIDED THAT SUCH
PASSPORT HAS BEEN STAMPED BY THE UNITED STATES CITIZENSHIP AND IMMI-
GRATION SERVICES;
(II) A DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY A CANADIAN
PROVINCE;
(III) AN IDENTIFICATION CARD ISSUED BY ANY BRANCH OF THE ARMED FORCES
OF THE UNITED STATES:
(IV) A MUNICIPAL IDENTIFICATION CARD ISSUED PURSUANT TO SECTION 3-115
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; OR
(V) AN EMPLOYEE IDENTIFICATION CARD ISSUED BY THE STATE OF NEW YORK OR
THE CITY OF NEW YORK.
5. RETENTION OF THE NOTARIAL RECORD. THE NOTARIAL RECORD SHALL BE
RETAINED FOR SEVEN YEARS IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN
THIS SUBDIVISION.
(A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE NOTA-
RIAL RECORD SHALL BE DELIVERED NO LATER THAN FOURTEEN DAYS AFTER IT IS
CREATED TO THE OFFICE OF THE REGISTER OF THE CITY OF NEW YORK IN THE
COUNTY WITHIN WHICH THE RESIDENTIAL PROPERTY THAT IS THE SUBJECT OF THE
CONVEYANCE IS LOCATED, PROVIDED THAT WHEN SUCH RESIDENTIAL PROPERTY IS
LOCATED IN RICHMOND COUNTY, SUCH NOTARIAL RECORD SHALL BE DELIVERED TO
THE OFFICE OF THE COUNTY CLERK OF RICHMOND COUNTY.
(B) IF THE NOTARIAL RECORD WAS CREATED BY A NOTARY PUBLIC IN THE SCOPE
OF HIS OR HER EMPLOYMENT WITH A TITLE INSURANCE CORPORATION, FINANCIAL
INSTITUTION, LAW FIRM, OR ATTORNEY AT LAW, THE NOTARY PUBLIC SHALL
DELIVER THE NOTARIAL RECORD NO LATER THAN FOURTEEN DAYS AFTER IT IS
CREATED TO SUCH TITLE INSURANCE CORPORATION, FINANCIAL INSTITUTION, LAW
FIRM, OR ATTORNEY AT LAW. SUCH TITLE INSURANCE CORPORATION, FINANCIAL
INSTITUTION, LAW FIRM, OR ATTORNEY AT LAW, OR ANY SUCCESSOR OR ASSIGNEE
OF SUCH TITLE INSURANCE CORPORATION, FINANCIAL INSTITUTION, LAW FIRM, OR
ATTORNEY AT LAW WITHIN THE SEVEN-YEAR RETENTION PERIOD, SHALL RETAIN THE
NOTARIAL RECORD AND MAY DISCLOSE SUCH RECORD ONLY AS PERMITTED UNDER
SUBDIVISION SIX OF THIS SECTION.
6. DISCLOSURE OF THE NOTARIAL RECORD. THE NOTARIAL RECORD SHALL NOT BE
DISCLOSED NOR SHALL ITS CONTENTS BE MADE KNOWN EXCEPT AS PROVIDED IN
THIS SUBDIVISION:
(A) A CERTIFIED COPY OF A NOTARIAL RECORD SHALL BE PROVIDED TO THE
UNITED STATES OR ANY DEPARTMENT THEREOF, THE STATE OF NEW YORK OR ANY
DEPARTMENT THEREOF, AND THE CITY OF NEW YORK OR ANY DEPARTMENT THEREOF,
PROVIDED THAT SUCH NOTARIAL RECORD IS REQUIRED FOR OFFICIAL BUSINESS.
(B) A CERTIFIED COPY OF A NOTARIAL RECORD RELATED TO A CONVEYANCE
SHALL BE PROVIDED UPON WRITTEN REQUEST TO A GRANTOR OR GRANTEE OF THE
RESIDENTIAL PROPERTY THAT IS THE SUBJECT OF THE CONVEYANCE OR OF AN
ECONOMIC INTEREST IN SUCH PROPERTY, OR TO SUCH GRANTOR'S OR GRANTEE'S
DULY AUTHORIZED REPRESENTATIVE. A REPRESENTATIVE WHO REQUESTS A CERTI-
FIED COPY OF THE NOTARIAL RECORD SHALL FILE A POWER OF ATTORNEY WITH THE
APPLICATION. WHEN A CERTIFIED COPY OF THE NOTARIAL RECORD IS PROVIDED
S. 5722 6
TO A GRANTEE, THE INFORMATION INCLUDED ON SUCH NOTARIAL RECORD PURSUANT
TO PARAGRAPH (H) OF SUBDIVISION THREE OF THIS SECTION SHALL BE REDACTED.
(C) A CERTIFIED COPY OF A NOTARIAL RECORD SHALL BE PROVIDED IN ACCORD-
ANCE WITH A JUDICIAL ORDER.
7. PENALTIES. ANY PERSON OR ENTITY VIOLATING THE PROVISIONS OF THIS
SECTION SHALL, IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW, PAY
TO THE PEOPLE OF THIS STATE AS A PENALTY THE SUM OF TWO HUNDRED FIFTY
DOLLARS FOR EACH SUCH VIOLATION.
S 6. Section 136 of the executive law is amended by adding a new
subdivision 3 to read as follows:
3. FOR PERFORMING AN ACT RELATED TO A CONVEYANCE FOR WHICH A NOTORIAL
RECORD IS REQUIRED PURSUANT TO SECTION ONE HUNDRED THIRTY-FIVE-C OF THIS
ARTICLE, NOT MORE THAN TWENTY-FIVE DOLLARS.
S 7. Section 175.35 of the penal law, as amended by chapter 490 of the
laws of 2013, is amended to read as follows:
S 175.35 Offering a false instrument for filing in the first degree.
A person is guilty of offering a false instrument for filing in the
first degree when:
1. knowing that a written instrument contains a false statement or
false information, and with intent to defraud the state or any political
subdivision, public authority or public benefit corporation of the
state, he or she offers or presents it to a public office, public serv-
ant, public authority or public benefit corporation with the knowledge
or belief that it will be filed with, registered or recorded in or
otherwise become a part of the records of such public office, public
servant, public authority or public benefit corporation; or
2. (a) HE OR SHE KNOWINGLY PROCURES A WRITTEN INSTRUMENT AFFECTING
REAL PROPERTY THAT CONTAINS A FALSE STATEMENT OR FALSE INFORMATION; AND
(B) HE OR SHE OFFERS OR PRESENTS SUCH INSTRUMENT TO A PUBLIC OFFICE,
WITH THE KNOWLEDGE OR BELIEF THAT IT WILL BE FILED WITH, REGISTERED OR
RECORDED IN OR OTHERWISE BECOME A PART OF THE RECORDS OF SUCH PUBLIC
OFFICE; OR
3. (A) he or she commits the crime of offering a false instrument for
filing in the second degree; and
(b) such instrument is a financing statement the contents of which are
prescribed by section 9--502 of the uniform commercial code, the collat-
eral asserted to be covered in such statement is the property of a
person who is a state or local officer as defined by section two of the
public officers law or who otherwise is a judge or justice of the
unified court system, such financing statement does not relate to an
actual transaction, and he or she filed such financing statement in
retaliation for the performance of official duties by such person.
Offering a false instrument for filing in the first degree is a class
E felony.
S 8. Section 7-607 of the administrative code of the city of New York
is amended to read as follows:
S 7-607 Real estate instruments to be recorded. Every instrument
affecting real estate or chattels real, situated in the counties within
the city, shall be indexed pursuant to the provisions of this chapter.
IN ACCORDANCE WITH SECTION TWO HUNDRED NINETY-ONE-I OF THE REAL PROPERTY
LAW, THE CITY REGISTER SHALL ACCEPT FOR RECORDING AN INSTRUMENT AFFECT-
ING REAL ESTATE OR CHATTELS REAL BY ELECTRONIC MEANS.
S 9. Subdivision a of section 11-2105 of the administrative code of
the city of New York, as amended by chapter 385 of the laws of 2006, is
amended to read as follows:
S. 5722 7
a. A joint return shall be filed by both the grantor and the grantee
for each deed whether or not a tax is due thereon. Such return shall be
filed with the commissioner of finance within thirty days after the
delivery of the deed by the grantor to the grantee but before the
recording of such deed. The commissioner of finance may, by rule,
require that such returns be filed electronically. Filing shall be
accomplished by delivering the return to the register for transmittal to
the commissioner of finance or, where required by the commissioner of
finance, by electronic filing of the return in a manner designated by
the commissioner of finance. In the case of a transfer of an economic
interest in real property, a joint return shall be filed in the above
manner by both the grantor and the grantee for each instrument or trans-
action by which such transfer is effected, whether or not a tax is due
thereon. Such return shall be filed with the commissioner of finance, at
such place and in such manner as he or she may designate within thirty
days after the transfer. The commissioner of finance shall prescribe the
form of the return and the information which it shall contain. WHEN THE
GRANTOR OR GRANTEE IS A LIMITED LIABILITY COMPANY, THE JOINT RETURN
SHALL INCLUDE THE NAMES AND ADDRESSES OF ALL MEMBERS OF THE LIMITED
LIABILITY COMPANY. IF ANY SUCH MEMBER IS ITSELF A LIMITED LIABILITY
COMPANY, THE NAMES AND ADDRESSES OF ALL MEMBERS OF SUCH LIMITED LIABIL-
ITY COMPANY SHALL ALSO BE FURNISHED UNTIL FULL DISCLOSURE OF ULTIMATE
OWNERSHIP IS ACHIEVED. The return shall be signed by both the grantor or
the grantor's agent and the grantee or the grantee's agent. Where the
commissioner of finance requires electronic filing, the return shall be
signed electronically. Upon the filing of such return for a deed,
evidence of the filing shall be affixed to the deed by the register. The
commissioner of finance may provide for the use of stamps as evidence of
payment and that they shall be affixed to the deed before it is
recorded. Where either the grantor or grantee has failed to sign the
return, it shall be accepted as a return, but the party who has failed
to sign the return or file a separate return shall be subject to the
penalties applicable to a person who has failed to file a return and the
period of limitations for assessment of tax or of additional tax shall
not apply to such party. For good cause, the commissioner of finance may
waive any rule requiring electronic filing and may permit a return to be
filed in such other manner as the commissioner of finance may designate.
S 10. This act shall take effect on the sixtieth day after it shall
have become a law.
