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Assembly Bill A1228

2023-2024 Legislative Session

Requiring that certain sellers of real property provide a certificate of occupancy to the purchaser of the real property

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Archive: Last Bill Status - In Assembly Committee

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2023-A1228 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Law
Laws Affected:
Add §259, RP L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10190
2021-2022: A360
2025-2026: A5026

2023-A1228 (ACTIVE) - Summary

Requires certain sellers of real property to provide a certificate of occupancy to the purchaser of the real property.

2023-A1228 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1228
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the real property law, in relation to requiring that
   certain sellers of real property provide a certificate of occupancy to
   the purchaser of the real property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 259 to read as follows:
   § 259. CERTIFICATES OF OCCUPANCY; REQUIRED DISCLOSURE TO PURCHASER. 1.
 PRIOR TO EXECUTING A DEED  OF  SALE  WITH  A  PURCHASER  OR  PROSPECTIVE
 PURCHASER OF REAL PROPERTY, THE OWNER OF THE REAL PROPERTY SHALL PROVIDE
 THE PURCHASER OR PROSPECTIVE PURCHASER, OR THE AGENT OF THE PURCHASER OR
 PROSPECTIVE PURCHASER, WITH A COPY OF A CERTIFICATE OF OCCUPANCY FOR THE
 REAL  PROPERTY THAT IS THE SUBJECT OF THE DEED OF SALE. SUCH CERTIFICATE
 SHALL HAVE BEEN ISSUED WITHIN THIRTY DAYS OF THE  DATE  OF  TRANSFER  OF
 OWNERSHIP ON THE PROPERTY.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO TRANSFERS OF REAL
 PROPERTY:
   (A) TO A RELATIVE OF THE OWNER;
   (B)  MADE  PURSUANT  TO  A  COURT  ORDER, INCLUDING BUT NOT LIMITED TO
 TRANSFERS BY A REFEREE IN A FORECLOSURE ACTION, TO A PARTY IN A  DIVORCE
 PROCEEDING  OR BY A BANKRUPTCY TRUSTEE IN A BANKRUPTCY OR REORGANIZATION
 PROCEEDING;
   (C) BY A MUNICIPALITY;
   (D) BY AN EXECUTOR OR ADMINISTRATOR OF AN ESTATE;
   (E) BY A BENEFICIARY OF AN ESTATE PROVIDED SUCH TRANSFER IS MADE WITH-
 IN SIXTY DAYS OF THE DATE ON WHICH THE BENEFICIARY ACQUIRED TITLE TO THE
 PROPERTY;
   (F) BY A DEED IN LIEU OF FORECLOSURE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02387-01-3
 A. 1228                             2

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