Bill Text: NY A01228 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A01228 Detail]

Download: New_York-2023-A01228-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1228

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    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:

     1    Section  1.  The  real property law is amended by adding a new section
     2  259 to read as follows:
     3    § 259. Certificates of occupancy; required disclosure to purchaser. 1.
     4  Prior to executing a deed  of  sale  with  a  purchaser  or  prospective
     5  purchaser of real property, the owner of the real property shall provide
     6  the purchaser or prospective purchaser, or the agent of the purchaser or
     7  prospective purchaser, with a copy of a certificate of occupancy for the
     8  real  property that is the subject of the deed of sale. Such certificate
     9  shall have been issued within thirty days of the  date  of  transfer  of
    10  ownership on the property.
    11    2. The provisions of this section shall not apply to transfers of real
    12  property:
    13    (a) to a relative of the owner;
    14    (b)  made  pursuant  to  a  court  order, including but not limited to
    15  transfers by a referee in a foreclosure action, to a party in a  divorce
    16  proceeding  or by a bankruptcy trustee in a bankruptcy or reorganization
    17  proceeding;
    18    (c) by a municipality;
    19    (d) by an executor or administrator of an estate;
    20    (e) by a beneficiary of an estate provided such transfer is made with-
    21  in sixty days of the date on which the beneficiary acquired title to the
    22  property;
    23    (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

     1    (g) due to the operation of law pursuant to a deed, including but  not
     2  limited to a tax deed; or
     3    (h) of real property that does not have a dwelling located thereon.
     4    3.  Any  agreement  by  a  purchaser of premises for dwelling purposes
     5  waiving or modifying his or her rights as  set  forth  in  this  section
     6  shall be void as contrary to public policy.
     7    § 2. This act shall take effect on the one hundred twentieth day after
     8  it shall have become a law.