Assembly Bill A6936

2019-2020 Legislative Session

Requires landowners to disclose if property has ever been contaminated from methamphetamines before sale or lease

download bill text pdf

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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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2019-A6936 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Amd §§240, 242 & 462, add §231-b, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A9431
2011-2012: A1759
2013-2014: A3666
2015-2016: A2883
2017-2018: A3366

2019-A6936 (ACTIVE) - Summary

Requires landowners to disclose if property has ever been contaminated from methamphetamines before sale or lease.

2019-A6936 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6936
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the  real property law, in relation to requiring the
   owner or landlord of a property to disclose whether property has  ever
   been  used  as  a  methamphetamine lab before such property is sold or
   leased

   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 "CONTAMINATED" AS USED IN THIS ARTICLE MEANS THAT A PROP-
 ERTY IS POLLUTED  BY  HAZARDOUS  MATERIALS  AS  A  RESULT  OF  THE  USE,
 PRODUCTION, OR PRESENCE OF METHAMPHETAMINE.
   § 2. The real property law is amended by adding a new section 231-b to
 read as follows:
   §  231-B. DISCLOSURE OF METHAMPHETAMINE CONTAMINATED PROPERTY.  1. THE
 TERM "CONTAMINATED" AS USED IN THIS SECTION MEANS  THAT  A  PROPERTY  IS
 POLLUTED  BY  HAZARDOUS MATERIALS AS A RESULT OF THE USE, PRODUCTION, OR
 PRESENCE OF METHAMPHETAMINE.
   2. IF A LESSOR OFFERING TO RENT REAL  PROPERTY  HAS  ACTUAL  KNOWLEDGE
 THAT  THE  PROPERTY IS OR HAS EVER BEEN CONTAMINATED FROM THE USE, STOR-
 AGE, OR MANUFACTURE OF METHAMPHETAMINES, THE  LESSOR  SHALL  INFORM  ANY
 POTENTIAL  LESSEE OF THE EXISTENCE OF SUCH CONTAMINATION PRIOR TO ENTER-
 ING INTO A CONTRACT FOR THE LEASE OF SUCH PROPERTY.
   § 3. Section 242 of the real property law is amended by adding  a  new
 subdivision 5 to read as follows:
   5.  ANY  PERSON, FIRM, COMPANY, PARTNERSHIP OR CORPORATION OFFERING TO
 SELL REAL PROPERTY HAS ACTUAL KNOWLEDGE THAT THE PROPERTY IS OR HAS EVER
 BEEN CONTAMINATED FROM THE USE, STORAGE, OR MANUFACTURE OF  METHAMPHETA-
 MINES,  THE  OWNER  SHALL  INFORM ANY PURCHASER OF THE EXISTENCE OF SUCH
 CONTAMINATION PRIOR TO ENTERING INTO A CONTRACT FOR THE SALE/PURCHASE OF
 SUCH PROPERTY.
   § 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:
              

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