S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6575
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 9, 2017
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to requiring  testing
   for radon before the sale of real property
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 240 of the real property law is amended by adding a
 new subdivision 5 to read as follows:
   5. THE TERM "CERTIFIED RADON INSPECTOR",  AS  USED  IN  THIS  ARTICLE,
 SHALL  MEAN  A  PERSON  CERTIFIED  BY  THE AMERICAN ASSOCIATION OF RADON
 SCIENTISTS AND TECHNOLOGISTS, NATIONAL RADON SAFETY BOARD, STATE OF  NEW
 JERSEY,  OR  STATE  OF  PENNSYLVANIA  IN  THE  USE  OF EQUIPMENT FOR THE
 COLLECTION OF SAMPLES FOR RADON TESTING.
   § 2. Section 242 of the real property law is amended by adding  a  new
 subdivision 5 to read as follows:
   5.  DISCLOSURE PRIOR TO THE SALE OF REAL PROPERTY OF RESULTS OF A TEST
 FOR RADON. ANY PERSON, FIRM, COMPANY, PARTNERSHIP OR CORPORATION  OFFER-
 ING  TO  SELL  REAL PROPERTY SHALL HAVE THE PROPERTY TESTED FOR RADON BY
 HAVING A CERTIFIED RADON INSPECTOR COLLECT A SAMPLE AND THE SAMPLE BEING
 SENT TO AN ENVIRONMENTAL LABORATORY APPROVAL PROGRAM CERTIFIED  LAB  FOR
 TESTING.  THE PERSON, FIRM, COMPANY, PARTNERSHIP OR CORPORATION OFFERING
 TO SELL THE REAL PROPERTY SHALL PROVIDE THE RESULTS OF THE RADON TESTING
 IN WRITING TO THE PROSPECTIVE PURCHASER OR THE  PROSPECTIVE  PURCHASER'S
 AGENT.
   §  3.  Subdivision  4  of  section  444-b of the real property law, as
 amended by section 57 of part D of chapter 60 of the laws  of  2012,  is
 amended to read as follows:
   4.  "Home  inspection"  means  the  process  by which a home inspector
 observes and provides a written report of the systems and components  of
 a  residential  building  including  but  not limited to heating system,
 cooling system, plumbing system, electrical  system,  structural  compo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10446-01-7

 A. 6575                             2
 
 nents, foundation, roof, masonry structure, exterior and interior compo-
 nents or any other related residential building component as recommended
 or  required  by  the  department through regulation to provide a client
 with objective information about the condition of the residential build-
 ing.  The  home  inspector  shall clearly identify in the written report
 which systems and components of the residential building were  observed.
 A home inspection shall not include an inspection for [radon or] pests.
   §  4.  Subdivision 2 of section 462 of the real property law, as added
 by chapter 456 of the laws of 2001, is amended to read as follows:
   2. The following shall be the disclosure form:
 
                  PROPERTY CONDITION DISCLOSURE STATEMENT
 
 NAME OF SELLER OR SELLERS:
 
 PROPERTY ADDRESS:
 
   THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF  RESIDEN-
 TIAL  REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT 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.
   PURPOSE  OF  STATEMENT:  THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR  BY  ANY  AGENT
 REPRESENTING  THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO  OBTAIN  HIS  OR
 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
   A  KNOWINGLY  FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER  PRIOR  TO  OR  AFTER  THE
 TRANSFER  OF  TITLE.  IN  THE  EVENT  A SELLER FAILS TO PERFORM THE DUTY
 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE  STATEMENT  PRIOR  TO
 THE  SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
 RECEIVE UPON THE TRANSFER OF TITLE A  CREDIT  OF  FIVE  HUNDRED  DOLLARS
 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
   "RESIDENTIAL  REAL  PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED  OR  OCCU-
 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
 BUT  SHALL  NOT  REFER  TO  (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR  COOPERATIVE
 APARTMENTS  OR  (C)  PROPERTY  ON  A HOMEOWNERS' ASSOCIATION THAT IS NOT
 OWNED IN FEE SIMPLE BY THE SELLER.
 
 INSTRUCTIONS TO THE SELLER:
   (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
   (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
 REQUIRED.
   (c) COMPLETE THIS FORM YOURSELF.
   (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK  "NA"  (NON-AP-
 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
 
   SELLER'S  STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF  SIGN-
 ING  THIS  DOCUMENT.  THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE  RESIDEN-

 A. 6575                             3
 
 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
 
 GENERAL INFORMATION
   1. HOW LONG HAVE YOU OWNED THE PROPERTY?
   2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
   3. WHAT  IS  THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
      THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO  INVESTI-
      GATE FOR THE PRESENCE OF LEAD BASED PAINT.
   4. DOES  ANYBODY  OTHER  THAN  YOURSELF  HAVE A LEASE, EASEMENT OR ANY
      OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY  OTHER  THAN
      THOSE  STATED  IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
      RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
   5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?   YES  NO
      UNKN NA (IF YES, EXPLAIN BELOW)
   6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
      CLAIM  CHALLENGING  YOUR  TITLE TO THE PROPERTY? YES NO UNKN NA (IF
      YES, EXPLAIN BELOW)
   7. ARE THERE ANY FEATURES  OF  THE  PROPERTY  SHARED  IN  COMMON  WITH
      ADJOINING  LAND  OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
      FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
   8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES  FOR  LINE  EXTEN-
      SIONS,  SPECIAL  ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
      THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?    YES
      NO UNKN NA (IF NO, EXPLAIN BELOW)
 
 ENVIRONMENTAL
   NOTE  TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT  YOU  KNOW
 TO  HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
 OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY.  PETROLEUM  PRODUCTS  MAY
 INCLUDE,  BUT  ARE  NOT  LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES  ARE  PRODUCTS  THAT
 COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON-
 MENT  IF  THEY  ARE  NOT PROPERLY DISPOSED OF, APPLIED OR STORED.  THESE
 INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS,  PESTICIDES  AND  INSECTI-
 CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA-
 TIVES,  TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING
 MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING
 SOLVENTS INCLUDING SEPTIC TANK CLEANERS,  HOUSEHOLD  CLEANERS  AND  POOL
 CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.
 
   NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
 
   10. IS  ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   11. IS ANY OR ALL OF THE PROPERTY LOCATED  IN  A  DESIGNATED  WETLAND?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   12. IS  THE  PROPERTY  LOCATED  IN AN AGRICULTURAL DISTRICT?   YES  NO
       UNKN  NA (IF YES, EXPLAIN BELOW)
   13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO   UNKN   NA
       (IF YES, EXPLAIN BELOW)

 A. 6575                             4
 
   14. ARE  THERE  OR  HAVE  THERE  EVER BEEN FUEL STORAGE TANKS ABOVE OR
       BELOW THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES,  ARE
       THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
       OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   15. IS  THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
       LOCATION OR LOCATIONS BELOW)
   16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES,  STATE  LOCATION
       OR LOCATIONS BELOW)
   17. HAS A RADON TEST BEEN DONE AS REQUIRED BY LAW?  YES NO UNKN NA (IF
       YES, ATTACH A COPY OF THE REPORT)
   18. HAS  MOTOR  FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
       ANY OTHER PETROLEUM PRODUCT, METHANE  GAS,  OR  ANY  HAZARDOUS  OR
       TOXIC  SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
       PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY?    YES  NO
       UNKN NA (IF YES, DESCRIBE BELOW)
   19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
       OIL,  HOME  HEATING  FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
       PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES  NO
       UNKN NA (IF YES, ATTACH REPORT(S))
 
 STRUCTURAL
   20. IS  THERE  ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR  STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   22. IS  THERE  ANY  TERMITE,  INSECT,  RODENT  OR  PEST INFESTATION OR
       DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT  OR  PEST
       INFESTATION  OR  DAMAGE?  YES  NO  UNKN  NA (IF YES, PLEASE ATTACH
       REPORT(S))
   24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE,  ASPHALT,  OTHER.)?
       ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
       FERABLE  WARRANTEE  ON  THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF
       YES, EXPLAIN BELOW)
   25. ARE THERE ANY KNOWN MATERIAL  DEFECTS  IN  ANY  OF  THE  FOLLOWING
       STRUCTURAL  SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
       PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)
 
 MECHANICAL SYSTEMS & SERVICES
   26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY -  WELL,  PRIVATE,
       MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
   27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
       (IF YES, DESCRIBE BELOW)
   28. WHAT  IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC
       SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
       AGE? ________ DATE LAST PUMPED?  ________  FREQUENCY  OF  PUMPING?
       ________  ANY  KNOWN  MATERIAL  DEFECTS?   YES NO UNKN NA (IF YES,
       EXPLAIN BELOW)
   29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
       AGE? ________ DOES IT HAVE CIRCUIT  BREAKERS  OR  FUSES?  ________
       PRIVATE  OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES
       NO UNKN NA (IF YES, EXPLAIN BELOW)
   30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
       IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO  UNKN  NA
       (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)

 A. 6575                             5

   31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
       NO UNKN NA (IF YES, EXPLAIN BELOW)
 
 ARE  THERE  ANY  KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
 
   32. PLUMBING SYSTEM?              YES        NO        UNKN        NA
   33. SECURITY SYSTEM?              YES        NO        UNKN        NA
   34. CARBON MONOXIDE DETECTOR?     YES        NO        UNKN        NA
   35. SMOKE DETECTOR?               YES        NO        UNKN        NA
   36. FIRE SPRINKLER SYSTEM?        YES        NO        UNKN        NA
   37. SUMP PUMP?                    YES        NO        UNKN        NA
   38. FOUNDATION/SLAB?              YES        NO        UNKN        NA
   39. INTERIOR WALLS/CEILINGS?      YES        NO        UNKN        NA
   40. EXTERIOR WALLS OR SIDING?     YES        NO        UNKN        NA
   41. FLOORS?                       YES        NO        UNKN        NA
   42. CHIMNEY/FIREPLACE OR STOVE?   YES        NO        UNKN        NA
   43. PATIO/DECK?                   YES        NO        UNKN        NA
   44. DRIVEWAY?                     YES        NO        UNKN        NA
   45. AIR CONDITIONER?              YES        NO        UNKN        NA
   46. HEATING SYSTEM?               YES        NO        UNKN        NA
   47. HOT WATER HEATER?             YES        NO        UNKN        NA
   48. THE PROPERTY IS LOCATED IN THE
       FOLLOWING SCHOOL DISTRICT                          UNKN
 
   NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP-
 ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
   THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE.  IF
 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
 TIONAL PAGES ATTACHED.
 
   ______________________________________________________________________
   ______________________________________________________________________
   ______________________________________________________________________
   ______________________________________________________________________
 
   SELLER'S  CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
 PROPERTY CONDITION DISCLOSURE STATEMENT IS  TRUE  AND  COMPLETE  TO  THE
 SELLER'S  ACTUAL  KNOWLEDGE  AS  OF  THE DATE SIGNED BY THE SELLER. IF A
 SELLER OF RESIDENTIAL REAL PROPERTY  ACQUIRES  KNOWLEDGE  WHICH  RENDERS
 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
 PREVIOUSLY,  THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY CONDITION
 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN  NO  EVENT,
 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
 
   SELLER _______________________________________  DATE ________________
   SELLER _______________________________________  DATE ________________
 
   BUYER'S  ACKNOWLEDGMENT:  BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT  OF
 CERTAIN  CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST[, RADON] OR OTHER INSPECTIONS
 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.

 A. 6575                             6

   BUYER _______________________________________   DATE ________________
   BUYER _______________________________________   DATE ________________
 
   § 5. This act shall take effect immediately.