NY State Senate Bill 2025-S10426

Current 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
May 15, 2026	referred to judiciary

2025-S10426 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §462, add §235-k, RP L

2025-S10426 (ACTIVE) - Summary

Requires property owners and landlords to provide notice to prospective buyers and tenants to inform of superfund or brownfield site proximity to an affected premises and information relating to possible impacts.

2025-S10426 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S10426

SPONSOR: GONZALEZ
 
TITLE OF BILL:

An act to amend the real property law, in relation to notice to buyers
and tenants of proximity to brownfields and superfund sites

 
PURPOSE OR GENERAL IDEA OF THE BILL:

This bill would include proximity to a brownfield or superfund site to
paperwork individuals receive before buying a home or signing a lease.
The bill would also require that residences within the boundaries of a
brownfield or superfund site share a notice detailing its proximity, the
risks of exposure, the date of last testing, among other infoiniation
via a draft lease or on renewal.

 
SUMMARY OF PROVISIONS:

Section 1 amends the real property law by adding a new subparagraph 27-a
to section 462.

Section 2 amends the real property law by adding a new section 235-k
which requires notice in certain circumstances.

Section 3 is the effective date

 
JUSTIFICATION:

In 1980 Congress established the Comprehensive Environmental Response,
Compensation and Liability Act, informally called the Superfund, that
allows the Environmental Protection Agency to clean up contaminated
sites. These Superfund sites are often manufacturing facilities, proc-
essing plants, landfills, and mining sites where hazardous waste was
dumped, left out in the open, or improperly managed. Similarly, Brown-
field sites are previously developed land that has been left abandoned
or underused and pose a pollution risk.

One such location in New York is the Meeker Avenue Plume, which was
named a Superfund site in March 2022. The Meeker Plume was created due
to decades of dumping drycleaning chemicals and metalwork manufacturing
that created hazardous vapors which have been intruding into residential
properties. These hazardous vapors have been found in the soil and
groundwater beneath Greenpoint and East Williamsburg.

As the EPA works to remedy and test in the area, the public has a right
to know if there is a superfund or Brownfield site near their area of
residence. Exposure to these sites can have potential harmful health
effects which include cancer, tumor, and can have harmful effects on the
central nervous system, immune system, male reproductive system and
developing fetuses.

This bill seeks to ensure that residents across the state, located near
hazardous sites are aware of their proximity and potential effects.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
Immediately.

2025-S10426 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10426
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by Sen. GONZALEZ -- 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 notice  to  buyers
   and tenants of proximity to brownfields and superfund sites
 
   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
 amended  by  chapter  353  of  the  laws  of 2024, 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]  THEIR  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.
   "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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15708-02-6

 S. 10426                            2
 
 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]  THEIR  AGENT,  IF
 ANY,  TO  PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE
 RESIDENTIAL 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 OR
 OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM  DANGER  TO  PERSONAL
 HEALTH  OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
 OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED  TO,  FERTILIZERS,  PESTI-
 CIDES  AND  INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
 AND WOOD PRESERVATIVES, TREATED WOOD,  CONSTRUCTION  MATERIALS  SUCH  AS
 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
 BATTERIES,  CLEANING  SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
 S. 10426                            3
 
 CLEANERS, POOL CHEMICALS,  PRODUCTS  CONTAINING  MERCURY  AND  LEAD  AND
 INDOOR MOLD.
 
   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 FEDERAL EMERGENCY
       MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN?  YES  NO  UNKN  NA
       (IF YES, EXPLAIN BELOW)
   11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY  IN  THE
       SPECIAL  FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORD-
       ING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S)  CURRENT
       FLOOD  INSURANCE  RATE MAPS FOR YOUR AREA? YES NO UNKN NA (IF YES,
       EXPLAIN BELOW)
   12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY  OR  PARTIALLY  IN  A
       MODERATE  RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING
       TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES  NO
       UNKN NA (IF YES, EXPLAIN BELOW)
   13. IS  THE  PROPERTY  SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO
       OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES  NO  UNKN
       NA (IF YES, EXPLAIN BELOW)
       HOMES  IN  THE  SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK
       FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE  MAPS  WITH  MORTGAGES
       FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN
       AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR-
       AGES  HOMEOWNERS  IN  HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD
       ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND
       THE PERSONAL PROPERTY WITHIN  THE  STRUCTURE(S).  ALSO  NOTE  THAT
       HOMES  IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD-
       ING OVER TIME DUE  TO  PROJECTED  SEA  LEVEL  RISE  AND  INCREASED
       EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED
       IN CURRENT FLOOD INSURANCE RATE MAPS.
   14. HAVE  YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI-
       OUS  OWNERS  RECEIVING  ASSISTANCE,  FROM  THE  FEDERAL  EMERGENCY
       MANAGEMENT  AGENCY  (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION
       (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD  ASSISTANCE  FOR  FLOOD
       DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) FOR
       PROPERTIES  THAT  HAVE  RECEIVED  FEDERAL DISASTER ASSISTANCE, THE
       REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN  TO  ALL  FUTURE
       OWNERS.  FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT
       IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE.
   15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF  YES,
       ATTACH A COPY OF THE POLICY)
       A  STANDARD  HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER
       FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO  DETER-
       MINE WHETHER YOU ARE COVERED.
   16. IS  THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY?
       YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE)
       AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY  A  LICENSED
       SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT
       THE  FLOOD  RISK  OF  THE  PROPERTY AND IS USED BY FLOOD INSURANCE
       PROVIDERS UNDER THE NATIONAL FLOOD  INSURANCE  PROGRAM  (NFIP)  TO
       HELP  DETERMINE  THE  APPROPRIATE  FLOOD  INSURANCE RATING FOR THE
       PROPERTY. A BUYER MAY BE ABLE TO  USE  THE  ELEVATION  CERTIFICATE
       FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY.
 S. 10426                            4
 
   17.  HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH
         ANY INSURANCE PROVIDER, INCLUDING THE NATIONAL  FLOOD  INSURANCE
         PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   18. IS  ANY  OR  ALL  OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
         YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL  DISTRICT?    YES    NO
         UNKN  NA (IF YES, EXPLAIN BELOW)
   20. WAS  THE  PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO  UNKN  NA
         (IF YES, EXPLAIN BELOW)
   21. 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)
   22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES,  STATE
         LOCATION OR LOCATIONS BELOW)
   23. IS  LEAD  PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
         OR LOCATIONS BELOW)
   24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A  COPY
         OF THE REPORT)
   25. 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)
   26. 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))
   27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF YES,
         ATTACH A COPY OF THE REPORT)
   27-A. IF  THE PROPERTY IS LOCATED WITHIN OR IN THE SAME ZIP CODE AS AN
         ENVIRONMENTAL PROTECTION AGENCY-DESIGNATED SUPERFUND SITE  OR  A
         BROWNFIELD  SITE,  HAVE  ANY TESTING, MITIGATION, OR REMEDIATION
         EFFORTS BEEN MADE?     YES     NO UNKN   NA    (IF YES, ATTACH A
         COPY OF REPORT(S))
 
 STRUCTURAL
   28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   29. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   30. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
       DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   31. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
       INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
       REPORT(S))
   32. 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 WARRANTY ON THE ROOF IN EFFECT NOW? YES  NO  UNKN  NA  (IF
       YES, EXPLAIN BELOW)
   33. 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
 S. 10426                            5
 
   34. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
       MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
   35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
       (IF YES, DESCRIBE BELOW)
   36. 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)
   More information on "septic system operation and maintenance"  can  be
 found  on  the  NYS  Department  of  Health website in the informational
 health pamphlet made available by the Department of Health  pursuant  to
 section 396-s of NYS general business law.
   37. 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)
   38. 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)
   39. HAS THE STRUCTURE(S) EXPERIENCED ANY WATER  PENETRATION OR  DAMAGE
       DUE TO SEEPAGE OR A NATURAL FLOOD EVENT, SUCH AS FROM HEAVY  RAIN-
       FALL,  COASTAL  STORM  SURGE,  TIDAL INUNDATION OR RIVER OVERFLOW?
       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.):
   40. PLUMBING SYSTEM?            YES NO UNKN NA
   41. SECURITY SYSTEM?            YES NO UNKN NA
   42. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
   43. SMOKE DETECTOR?             YES NO UNKN NA
   44. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
   45. SUMP PUMP?                  YES NO UNKN NA
   46. FOUNDATION/SLAB?            YES NO UNKN NA
   47. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
   48. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
   49. FLOORS?                     YES NO UNKN NA
   50. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
   51. PATIO/DECK?                 YES NO UNKN NA
   52. DRIVEWAY?                   YES NO UNKN NA
   53. AIR CONDITIONER?            YES NO UNKN NA
   54. HEATING SYSTEM?             YES NO UNKN NA
   55. HOT WATER HEATER?           YES NO UNKN NA
   56. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
      NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
      PROPERTY  (E.G.  TAX  RECORDS  AND WETLAND AND FEMA'S CURRENT FLOOD
      INSURANCE RATE MAPS AND ELEVATION CERTIFICATES)
   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
 S. 10426                            6
 
 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.
   BUYER__________ DATE__________
   BUYER__________ DATE _________
    § 2. The real property law is amended by adding a new  section  235-k
 to read as follows:
   § 235-K. NOTICE TO INFORM OF SUPERFUND OR BROWNFIELD PROXIMITY. 1. FOR
 THE PURPOSES OF THIS SECTION:
   A.  "SUPERFUND  SITE"  SHALL MEAN A CONTAMINATED SITE AS DESIGNATED BY
 THE ENVIRONMENTAL PROTECTION AGENCY DUE TO HAZARDOUS WASTE BEING DUMPED,
 LEFT OUT IN THE OPEN, OR OTHERWISE IMPROPERLY MANAGED.
   B. "BROWNFIELD SITE" SHALL MEAN ANY REAL PROPERTY WHERE A  CONTAMINANT
 IS  PRESENT  AT  LEVELS  EXCEEDING  THE SOIL CLEANUP OBJECTIVES OR OTHER
 HEALTH-BASED OR ENVIRONMENTAL STANDARDS, CRITERIA OR GUIDANCE ADOPTED BY
 THE DEPARTMENT THAT ARE APPLICABLE BASED ON THE  REASONABLY  ANTICIPATED
 USE OF THE PROPERTY, IN ACCORDANCE WITH APPLICABLE REGULATIONS.
   2.  EVERY  OPERATOR, OWNER, OR MANAGER OF A MULTIPLE DWELLING, HOUSING
 COOPERATIVE, OR RESIDENTIAL BUILDING WITHIN THE ZIP CODE  BOUNDARIES  OF
 AN  ENVIRONMENTAL  PROTECTION  AGENCY (EPA) DESIGNATED SUPERFUND SITE OR
 BROWNFIELD SITE SHALL PROVIDE WRITTEN NOTICE OF THE  FOLLOWING  INFORMA-
 TION, AS FOLLOWS:
   A.  THE  PREMISES  IS  LOCATED  IN AN EPA DESIGNATED SUPERFUND SITE OR
 BROWNFIELD SITE AND THAT THESE SITES ARE THE  PRODUCT  OF  SUSPECTED  OR
 CONFIRMED ENVIRONMENTAL CONTAMINATION;
   B.  PROLONGED EXPOSURE TO CONTAMINANTS RESULTS IN HEALTH RISKS INCLUD-
 ING BUT NOT LIMITED TO CANCER, TUMORS, IMPACTS TO THE IMMUNE SYSTEM  AND
 CENTRAL NERVOUS SYSTEM, AMONG OTHERS;
   C.  THE  LOCATION OF THE SUPERFUND OR BROWNFIELD  SITE IN PROXIMITY TO
 THE RESIDENCE AND HOW BASEMENT AND GROUND FLOOR UNITS ARE MOST LIKELY TO
 BE IMPACTED BY CONTAMINANTS;
   D. THE DATE ON WHICH THE BUILDING HAS LAST BEEN INSPECTED FOR POSSIBLE
 CONTAMINATION BY THE EPA OR THEIR APPOINTEE;
   E. A LINK TO THE EPA'S WEBSITE FOR SUCH SUPERFUND OR BROWNFIELD SITE;
   3. SUCH INFORMATION SHALL BE SHARED VIA NOTICE IN  A  LEASE  OR  DRAFT
 LEASE  TO PROSPECTIVE TENANTS AND VIA LEASE RENEWAL, MAIL, OR ELECTRONIC
 MAIL TO CURRENT TENANTS.
   § 3. This act shall take effect immediately.

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Senate Bill S10426

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Kristen Gonzalez

Current Bill Status - In Senate Committee Judiciary Committee

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2025-S10426 (ACTIVE) - Details

2025-S10426 (ACTIVE) - Summary

2025-S10426 (ACTIVE) - Sponsor Memo

2025-S10426 (ACTIVE) - Bill Text download pdf

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