NY State Senate Bill 2017-S7123

Archive: Last Bill Status - In Senate Committee Judiciary 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to judiciary

co-Sponsors

2017-S7123 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §333, RP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2337
2021-2022: S3091
2023-2024: S662

2017-S7123 (ACTIVE) - Summary

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

2017-S7123 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7123

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the real property law, in relation to clarifying infor-
mation collected on a real property transfer form

 
PURPOSE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 amends subparagraphs 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, includ-
ing those comprising New York City.

 
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.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

Would require LLCs and corporations to provide an address, telephone
number, and the name of a responsible party when purchasing property.


 
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2016: A05600 (Kavanagh) - Judiciary
2015: A05600 (Kavanagh) - Judiciary
2014: A02626 (Kavanagh) - Judiciary
2013: A02626 (Kavanagh) - Judiciary
2012: A05902 (Kavanagh) - Judiciary
2011: A05902 (Kavanagh) - Judiciary
2010: A08046 (Kavanagh) - Judiciary

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately the office of real prop-
erty services may amend, add, or repeal any rule or regulation necessary
for the timely implementation of this act on its effective date.

2017-S7123 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7123
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01567-01-7

 S. 7123                             2
 
 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.
   § 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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Senate Bill S7123

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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co-Sponsors

2017-S7123 (ACTIVE) - Details

2017-S7123 (ACTIVE) - Summary

2017-S7123 (ACTIVE) - Sponsor Memo

2017-S7123 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

co-Sponsors

Liz Krueger

2017-S7123 (ACTIVE) - Details

2017-S7123 (ACTIVE) - Summary

2017-S7123 (ACTIVE) - Sponsor Memo

2017-S7123 (ACTIVE) - Bill Text download pdf

Comments