Bill Text: NY A02152 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires residential property condition disclosure statements to be recorded with the county clerk upon conveyance of the property; directs the county clerk to provide copies thereof to the department of environmental conservation and the clerk of the city, town or village in which the property is located; directs the department of environmental conservation to operate an electronic database of all the environmental information in such disclosure statements.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A02152 Detail]

Download: New_York-2015-A02152-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2152
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
         BRENNAN, COOK, RIVERA -- read once and referred to  the  Committee  on
         Judiciary
       AN  ACT  to amend the real property law, in relation to the recording of
         residential  property  condition  disclosure  statements  with  county
         clerks;  and  to amend the environmental conservation law, in relation
         to directing the department of environmental conservation to establish
         and maintain a publicly accessible electronic database of the environ-
         mental information in residential property condition disclosure state-
         ments
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The opening paragraph of section 291 of the real property
    2  law is designated subdivision 1 and a new subdivision 2 is added to read
    3  as follows:
    4    2. WITHIN TEN DAYS OF THE RECEIPT OF A RESIDENTIAL PROPERTY  CONDITION
    5  DISCLOSURE  STATEMENT,  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION FOUR
    6  HUNDRED SIXTY-TWO OF THIS CHAPTER, A COUNTY CLERK SHALL RECORD THE SAME,
    7  AND PRODUCE AND DELIVER COPIES THEREOF TO  THE  DEPARTMENT  OF  ENVIRON-
    8  MENTAL  CONSERVATION  AND  TO  THE CLERK OF THE CITY, TOWN OR VILLAGE IN
    9  WHICH SUCH RESIDENTIAL REAL PROPERTY IS SITUATE.
   10    S 2. Subdivision 1 of section 462 of the real property law,  as  added
   11  by chapter 456 of the laws of 2001, is amended to read as follows:
   12    1.  Except  as is provided in section four hundred sixty-three of this
   13  article, every seller of residential real property pursuant  to  a  real
   14  estate  purchase  contract  shall complete and sign a property condition
   15  disclosure statement as prescribed by subdivision two  of  this  section
   16  and  cause  it, or a copy thereof, to be delivered to a buyer or buyer's
   17  agent prior to the signing by the buyer of a binding contract of sale. A
   18  copy of the  property  condition  disclosure  statement  containing  the
   19  signatures of both seller and buyer shall be attached to the real estate
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07318-01-5
       A. 2152                             2
    1  purchase  contract, AND AN ADDITIONAL COPY THEREOF CONTAINING THE SIGNA-
    2  TURES OF THE SELLER AND THE BUYER SHALL BE ATTACHED  TO  THE  RECORD  OF
    3  CONVEYANCE  FILED  WITH THE COUNTY CLERK PURSUANT TO SECTION TWO HUNDRED
    4  NINETY-ONE  OF  THIS CHAPTER.  Nothing contained in this article or this
    5  disclosure statement is intended to prevent the parties to a contract of
    6  sale from entering into agreements of any kind or nature with respect to
    7  the physical condition of the property to be sold,  including,  but  not
    8  limited to, agreements for the sale of real property "as is".
    9    S  3.  Section 3-0301 of the environmental conservation law is amended
   10  by adding a new subdivision 6 to read as follows:
   11    6. THE DEPARTMENT SHALL ESTABLISH, OPERATE AND MAINTAIN AN  ELECTRONIC
   12  DATABASE OF THE "ENVIRONMENTAL" INFORMATION INCLUDED IN EACH RESIDENTIAL
   13  PROPERTY  DISCLOSURE  STATEMENT IT RECEIVES FROM A COUNTY CLERK PURSUANT
   14  TO SUBDIVISION TWO OF SECTION TWO HUNDRED NINETY-ONE OF THE REAL PROPER-
   15  TY LAW. THE INFORMATION IN SUCH DATABASE SHALL BE MADE AVAILABLE TO  THE
   16  PUBLIC  IN WRITTEN FORM, UPON REQUEST, AND ON THE INTERNET WEBSITE MAIN-
   17  TAINED BY THE DEPARTMENT.
   18    S 4. This act shall take effect on the first of January next  succeed-
   19  ing  the date on which it shall have become a law; provided that, effec-
   20  tive immediately, any rules and regulations necessary to  implement  the
   21  provisions of this act on its effective date are authorized and directed
   22  to be completed on or before such date.