Assembly Bill A3714

2021-2022 Legislative Session

Relates to the remediation and prevention of indoor mold and requiring the disclosure of indoor mold history upon the sale of certain real property

download bill text pdf

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Archive: Last Bill Status - Passed Senate & Assembly


  • 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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2021-A3714 (ACTIVE) - Details

See Senate Version of this Bill:
S5097
Law Section:
Real Property Law
Laws Affected:
Amd §462, RP L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4549
2011-2012: A1466, S3121
2013-2014: A1127, S1820
2015-2016: A969, S3756
2017-2018: A4964, S2142
2019-2020: A662, A10895, S1446
2023-2024: A4887

2021-A3714 (ACTIVE) - Summary

Requires the disclosure of indoor mold history upon the sale of certain real property.

2021-A3714 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3714
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Housing
 
 AN ACT to amend the real property law,  in  relation  to  requiring  the
   disclosure  of indoor mold history upon the sale of certain real prop-
   erty
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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