Assembly Bill A1353

2017-2018 Legislative Session

Requires residential property condition disclosure statements to be recorded upon conveyance of the property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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multi-Sponsors

2017-A1353 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §§291 & 462, RP L; amd §3-0301, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6352
2013-2014: A1583, A8982
2015-2016: A2152
2019-2020: A3311

2017-A1353 (ACTIVE) - Summary

Requires residential property condition disclosure statements to be recorded with the county clerk upon conveyance of the property; directs the county clerk to provide copies thereof to the department of environmental conservation and the clerk of the city, town or village in which the property is located; directs the department of environmental conservation to operate an electronic database of all the environmental information in such disclosure statements.

2017-A1353 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1353
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2017
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
   COOK, RIVERA -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to the  recording  of
   residential  property  condition  disclosure  statements  with  county
   clerks; and to amend the environmental conservation law,  in  relation
   to directing the department of environmental conservation to establish
   and maintain a publicly accessible electronic database of the environ-
   mental information in residential property condition disclosure state-
   ments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The opening paragraph of section 291 of the real  property
 law is designated subdivision 1 and a new subdivision 2 is added to read
 as follows:
   2.  WITHIN TEN DAYS OF THE RECEIPT OF A RESIDENTIAL PROPERTY CONDITION
 DISCLOSURE STATEMENT,  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  FOUR
 HUNDRED SIXTY-TWO OF THIS CHAPTER, A COUNTY CLERK SHALL RECORD THE SAME,
 AND  PRODUCE  AND  DELIVER  COPIES THEREOF TO THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION AND TO THE CLERK OF THE CITY,  TOWN  OR  VILLAGE  IN
 WHICH SUCH RESIDENTIAL REAL PROPERTY IS SITUATE.
   §  2.  Subdivision 1 of section 462 of the real property law, as added
 by chapter 456 of the laws of 2001, is amended to read as follows:
   1. Except as is provided in section four hundred sixty-three  of  this
 article,  every  seller  of residential real property pursuant to a real
 estate purchase contract shall complete and sign  a  property  condition
 disclosure  statement  as  prescribed by subdivision two of this section
 and cause it, or a copy thereof, to be delivered to a buyer  or  buyer's
 agent prior to the signing by the buyer of a binding contract of sale. A
 copy  of  the  property  condition  disclosure  statement containing the
 signatures of both seller and buyer shall be attached to the real estate
 purchase contract, AND AN ADDITIONAL COPY THEREOF CONTAINING THE  SIGNA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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