Bill Text: NY A03666 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires landowners to disclose if property has ever been contaminated from methamphetamines before sale or lease.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A03666 Detail]
Download: New_York-2013-A03666-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3666 2013-2014 Regular Sessions I N A S S E M B L Y January 28, 2013 ___________ Introduced by M. of A. LENTOL -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring the owner or landlord of a property to disclose whether property has ever been used as a methamphetamine lab before such property is sold or leased THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 240 of the real property law is amended by adding a 2 new subdivision 5 to read as follows: 3 5. THE TERM "CONTAMINATED" AS USED IN THIS ARTICLE MEANS THAT A PROP- 4 ERTY IS POLLUTED BY HAZARDOUS MATERIALS AS A RESULT OF THE USE, 5 PRODUCTION, OR PRESENCE OF METHAMPHETAMINE. 6 S 2. The real property law is amended by adding a new section 231-a to 7 read as follows: 8 S 231-A. DISCLOSURE OF METHAMPHETAMINE CONTAMINATED PROPERTY. 1. THE 9 TERM "CONTAMINATED" AS USED IN THIS SECTION MEANS THAT A PROPERTY IS 10 POLLUTED BY HAZARDOUS MATERIALS AS A RESULT OF THE USE, PRODUCTION, OR 11 PRESENCE OF METHAMPHETAMINE. 12 2. IF A LESSOR OFFERING TO RENT REAL PROPERTY HAS ACTUAL KNOWLEDGE 13 THAT THE PROPERTY IS OR HAS EVER BEEN CONTAMINATED FROM THE USE, STOR- 14 AGE, OR MANUFACTURE OF METHAMPHETAMINES, THE LESSOR SHALL INFORM ANY 15 POTENTIAL LESSEE OF THE EXISTENCE OF SUCH CONTAMINATION PRIOR TO ENTER- 16 ING INTO A CONTRACT FOR THE LEASE OF SUCH PROPERTY. 17 S 3. Section 242 of the real property law is amended by adding a new 18 subdivision 5 to read as follows: 19 5. ANY PERSON, FIRM, COMPANY, PARTNERSHIP OR CORPORATION OFFERING TO 20 SELL REAL PROPERTY HAS ACTUAL KNOWLEDGE THAT THE PROPERTY IS OR HAS EVER 21 BEEN CONTAMINATED FROM THE USE, STORAGE, OR MANUFACTURE OF METHAMPHETA- 22 MINES, THE OWNER SHALL INFORM ANY PURCHASER OF THE EXISTENCE OF SUCH 23 CONTAMINATION PRIOR TO ENTERING INTO A CONTRACT FOR THE SALE/PURCHASE OF 24 SUCH PROPERTY. 25 S 4. Subdivision 2 of section 462 of the real property law, as added 26 by chapter 456 of the laws of 2001, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04636-01-3 A. 3666 2 1 2. The following shall be the disclosure form: 2 PROPERTY CONDITION DISCLOSURE STATEMENT 3 NAME OF SELLER OR SELLERS: 4 PROPERTY ADDRESS: 5 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN- 6 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF 7 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE 8 BUYER OF A BINDING CONTRACT OF SALE. 9 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND 10 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE 11 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT 12 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR 13 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR 14 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND 15 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY. 16 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM 17 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE 18 TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY 19 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO 20 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL 21 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS 22 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY. 23 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO 24 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU- 25 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, 26 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH 27 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE 28 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT 29 OWNED IN FEE SIMPLE BY THE SELLER. 30 INSTRUCTIONS TO THE SELLER: 31 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE. 32 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS 33 REQUIRED. 34 (c) COMPLETE THIS FORM YOURSELF. 35 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP- 36 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN). 37 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO 38 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN- 39 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO 40 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN- 41 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER 42 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT. 43 GENERAL INFORMATION 44 1. HOW LONG HAVE YOU OWNED THE PROPERTY? 45 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY? 46 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF 47 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI- 48 GATE FOR THE PRESENCE OF LEAD BASED PAINT. A. 3666 3 1 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY 2 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN 3 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS 4 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA 5 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO 6 UNKN NA (IF YES, EXPLAIN BELOW) 7 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL 8 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF 9 YES, EXPLAIN BELOW) 10 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH 11 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS, 12 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW) 13 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN- 14 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES 15 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 16 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES 17 NO UNKN NA (IF NO, EXPLAIN BELOW) 18 ENVIRONMENTAL 19 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD- 20 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW 21 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY 22 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY 23 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING 24 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT 25 COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON- 26 MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED OR STORED. THESE 27 INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI- 28 CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA- 29 TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING 30 MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING 31 SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD CLEANERS AND POOL 32 CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD. 33 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM 34 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU 35 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. 36 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN? 37 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 38 11. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND? 39 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 40 12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO 41 UNKN NA (IF YES, EXPLAIN BELOW) 42 13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA 43 (IF YES, EXPLAIN BELOW) 44 14. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR 45 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE 46 THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING 47 OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 48 15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE 49 LOCATION OR LOCATIONS BELOW) 50 16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION 51 OR LOCATIONS BELOW) 52 17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY 53 OF THE REPORT) A. 3666 4 1 18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR 2 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR 3 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE 4 PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO 5 UNKN NA (IF YES, DESCRIBE BELOW) 6 19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR 7 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM 8 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO 9 UNKN NA (IF YES, ATTACH REPORT(S)) 10 20. IS OR HAS THE PROPERTY EVER BEEN CONTAMINATED FROM THE USE, STOR- 11 AGE, OR MANUFACTURE OF METHAMPHETAMINES? YES NO UNKN 12 STRUCTURAL 13 [20.] 21. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUC- 14 TURES? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 15 [21.] 22. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUC- 16 TURES? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 17 [22.] 23. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR 18 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 19 [23.] 24. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR 20 PEST INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH 21 REPORT(S)) 22 [24.] 25. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, 23 OTHER.)? ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE 24 A TRANSFERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA 25 (IF YES, EXPLAIN BELOW) 26 [25.] 26. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING 27 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR 28 PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW) 29 MECHANICAL SYSTEMS & SERVICES 30 [26.] 27. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, 31 PRIVATE, MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO 32 UNKN NA 33 [27.] 28. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO 34 UNKN NA (IF YES, DESCRIBE BELOW) 35 [28.] 29. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - 36 PUBLIC SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR 37 CESSPOOL, AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF 38 PUMPING? ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF 39 YES, EXPLAIN BELOW) 40 [29.] 30. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE 41 AMPERAGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? 42 ________ PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL 43 DEFECTS? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 44 [30.] 31. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT 45 RESULTED IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO 46 UNKN NA (IF YES, STATE LOCATIONS AND EXPLAIN BELOW) 47 [31.] 32. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING 48 WATER? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 49 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES, 50 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.): 51 [32.] 33. PLUMBING SYSTEM? YES NO UNKN NA 52 [33.] 34. SECURITY SYSTEM? YES NO UNKN NA A. 3666 5 1 [34.] 35. CARBON MONOXIDE DETECTOR? YES NO UNKN NA 2 [35.] 36. SMOKE DETECTOR? YES NO UNKN NA 3 [36.] 37. FIRE SPRINKLER SYSTEM? YES NO UNKN NA 4 [37.] 38. SUMP PUMP? YES NO UNKN NA 5 [38.] 39. FOUNDATION/SLAB? YES NO UNKN NA 6 [39.] 40. INTERIOR WALLS/CEILINGS? YES NO UNKN NA 7 [40.] 41. EXTERIOR WALLS OR SIDING? YES NO UNKN NA 8 [41.] 42. FLOORS? YES NO UNKN NA 9 [42.] 43. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA 10 [43.] 44. PATIO/DECK? YES NO UNKN NA 11 [44.] 45. DRIVEWAY? YES NO UNKN NA 12 [45.] 46. AIR CONDITIONER? YES NO UNKN NA 13 [46.] 47. HEATING SYSTEM? YES NO UNKN NA 14 [47.] 48. HOT WATER HEATER? YES NO UNKN NA 15 [48.] 49. THE PROPERTY IS LOCATED IN THE 16 FOLLOWING SCHOOL DISTRICT UNKN 17 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP- 18 ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS) 19 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF 20 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI- 21 TIONAL PAGES ATTACHED. 22 ______________________________________________________________________ 23 ______________________________________________________________________ 24 ______________________________________________________________________ 25 ______________________________________________________________________ 26 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS 27 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE 28 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A 29 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS 30 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED 31 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION 32 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT, 33 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI- 34 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO 35 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER. 36 SELLER _______________________________________ DATE ________________ 37 SELLER _______________________________________ DATE ________________ 38 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS 39 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF 40 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE 41 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT 42 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS 43 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS. 44 BUYER _______________________________________ DATE ________________ 45 BUYER _______________________________________ DATE ________________ 46 S 5. This act shall take effect immediately.