Bill Text: NY A04820 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires the disclosure of lead-based paint test reports in real estate transactions.
Spectrum: Partisan Bill (Democrat 35-1)
Status: (Engrossed) 2024-05-28 - REFERRED TO JUDICIARY [A04820 Detail]
Download: New_York-2023-A04820-Amended.html
Bill Title: Requires the disclosure of lead-based paint test reports in real estate transactions.
Spectrum: Partisan Bill (Democrat 35-1)
Status: (Engrossed) 2024-05-28 - REFERRED TO JUDICIARY [A04820 Detail]
Download: New_York-2023-A04820-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4820--A Cal. No. 135 2023-2024 Regular Sessions IN ASSEMBLY February 23, 2023 ___________ Introduced by M. of A. RIVERA, BENEDETTO, BRONSON, CLARK, COLTON, CONRAD, DE LOS SANTOS, DINOWITZ, GLICK, GONZALEZ-ROJAS, HEVESI, JACK- SON, JACOBSON, LUNSFORD, McDONOUGH, MEEKS, PEOPLES-STOKES, REYES, L. ROSENTHAL, SEAWRIGHT, SEPTIMO, SILLITTI, SIMON, STECK, TAYLOR, THIELE, STIRPE, STERN, ARDILA, WALKER, KELLES, BURDICK, SANTABARBARA, SHIMSKY, CUNNINGHAM -- read once and referred to the Committee on Judiciary -- ordered to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the real property law, in relation to requiring the disclosure of lead-based paint test reports in real estate trans- actions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. a. The legislature hereby finds and 2 declares that lead poisoning of children persists as one of the most 3 prevalent and preventable environmental diseases in New York state. 4 Nearly 100,000 children were newly identified with levels of lead in 5 their blood at five micrograms per deciliter (mcg/dL) in New York state 6 between 2011 and 2015. 7 b. Medical research indicates that children can suffer permanent brain 8 damage at blood levels even lower than 5 mcg/dL, and that there is no 9 level of lead ingestion that is without adverse impact; indeed, in 2021 10 the federal Centers for Disease Control and Prevention revised the blood 11 lead reference level downward to 3.5 mcg/dL. 12 c. Black children and children from low-income households are consist- 13 ently found to have higher levels of lead in their blood than their 14 white peers or their peers from higher income households. 15 d. The predominant cause of lead poisoning in young children is the 16 ingestion of lead particles from deteriorating or abraded lead-based 17 paint from older and poorly maintained residences. Although New York 18 state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74% 19 of New York's housing stock was constructed prior to 1970 and lead-based 20 paint was available outside of the state until 1978. New York state has 21 both the nation's greatest number (over 4 million units), the highest EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02406-05-4A. 4820--A 2 1 percentage (55.08%) of pre-1960 and pre-1950 (41.0%) housing, and the 2 oldest housing inventory among the fifty states. At least ninety percent 3 of lead-based paint still exists in occupied housing built before 1960. 4 New York state's older housing stock places residents at great risk of 5 exposure to lead hazards, with low-income children living in older hous- 6 ing having the highest risk of lead poisoning. 7 e. Knowledge of lead-based paint hazards, their control, mitigation, 8 abatement, and risk avoidance is not sufficiently widespread. In addi- 9 tion, while federal law requires the disclosure by sellers of real prop- 10 erty of knowledge of the existence of lead-based paint and lead-based 11 paint hazards, and encourages potential buyers to conduct inspections 12 for lead-based paint, these mechanisms neither mandate that such 13 inspections take place either by sellers or buyers. This gap in disclo- 14 sure requirements results in residential property being transferred 15 without any knowledge of the potential for such property to cause lead 16 poisoning and the attendant liabilities. 17 f. Local county health departments lack sufficient information as to 18 which housing contains lead-based paint and the locations of such lead- 19 based paint, resulting in less cost-effective prevention of lead poison- 20 ing, avoidable harm to children's health, and wasted public resources. 21 g. The purposes of this act are to assure that properties that have 22 not been previously tested for lead-based paint are not simply trans- 23 ferred to new owners without knowledge of whether there is lead-based 24 paint present, and to better utilize the existing federal laws that 25 mandate disclosure of lead-based paint and lead-based paint hazards and 26 to aid in the prevention of lead poisoning. This act is not intended to 27 and does not diminish the responsibility of buyers to carefully examine 28 the property which they intend to purchase and public records pertaining 29 to the property. This act is not intended to and does not limit existing 30 responsibilities by a seller, buyer or agent concerning the condition of 31 the property or potential liabilities or remedies at law, statute or in 32 equity. 33 This act will significantly improve the transfer process and better 34 serve the interests of all parties to a home purchase. It will increase 35 clarity regarding the nature of the property and will provide greater 36 certainty to contracts entered into by better informed buyers and sell- 37 ers. As well, it will provide incentive to owners to voluntarily test 38 their property prior to sale. 39 h. This act will complement existing state and local laws on lead 40 poisoning prevention. Section 1377 of the public health law, enacted in 41 2023, requires the department of health to develop a registry of all 42 rental residential dwellings with two or more units built before 1980 43 within communities of concern outside the city of New York, which will 44 also require such dwellings be inspected for lead hazards at least every 45 three years. This act will ensure equity of information for purchasers 46 of all residential property built prior to 1978 regardless of location 47 or number of units by ensuring that they receive information about the 48 presence of lead-based paint in dwellings they purchase. 49 i. This act will require inspection reports that are developed to 50 comply with this act to be included on the registry of lead inspections 51 that the department of health is creating pursuant to section 1377 of 52 the public health law so that future renters and purchasers can learn 53 about lead-based paint in homes they are considering renting or purchas- 54 ing. 55 j. New York city has already added a requirement, subdivision a-1 of 56 section 27-2056.4 of the administrative code of the city of New York,A. 4820--A 3 1 that all rental residential properties be tested one time for lead-based 2 paint by August 2025. This act will establish additional protections for 3 purchasers of non-rental residential properties, ensuring equity among 4 property purchasers across the state. 5 § 2. The real property law is amended by adding a new article 16 to 6 read as follows: 7 ARTICLE 16 8 LEAD-BASED PAINT RIGHT TO KNOW ACT 9 Section 520. Short title. 10 521. Definitions. 11 522. Inspection of residential real property for lead-based 12 paint prior to transfer of title. 13 523. Duty of agent. 14 524. Liability. 15 § 520. Short title. This article shall be known and may be cited as 16 the "lead-based paint right to know act". 17 § 521. Definitions. As used in this article, the following terms shall 18 have the following meanings: 19 1. "Agent" shall mean a person who is licensed as a real estate broker 20 or a real estate salesperson pursuant to section four hundred forty-a of 21 this chapter and acting in a fiduciary capacity. 22 2. "Binding contract of sale" shall mean a real estate purchase 23 contract or offer that would, upon signing by the seller and subject to 24 satisfaction of any contingencies, require the buyer to accept a trans- 25 fer of title. 26 3. "Broker" shall have the same meaning as "real estate broker" 27 defined by section four hundred forty of this chapter. 28 4. "Buyer" shall mean any entity that enters into a real estate 29 purchase contract, including but not limited to individuals, partner- 30 ships, corporations, trusts, government agencies, housing agencies, 31 Indian tribes, and nonprofit organizations. 32 5. "Lead-based paint" shall mean paint or other similar surface coat- 33 ing material containing .50 milligrams of lead per square centimeter or 34 greater, as determined by laboratory analysis of paint samples with all 35 layers of paint present, or by an x-ray fluorescence analyzer. If an 36 x-ray fluorescence analyzer is used, readings shall be corrected for 37 substrate bias when necessary as specified by the performance character- 38 istic sheets released by the United States environmental protection 39 agency and the United States department of housing and urban development 40 for the specific x-ray fluorescence analyzer used. X-ray fluorescence 41 readings shall be classified as positive, negative or inconclusive in 42 accordance with the United States department of housing and urban devel- 43 opment guidelines for the evaluation and control of lead-based paint 44 hazards in housing (July 2012) or successor guidelines, and the perform- 45 ance characteristic sheets released by the United States environmental 46 protection agency and the United States department of housing and urban 47 development for the specific x-ray fluorescence analyzer used. X-ray 48 fluorescence readings that fall within the inconclusive zone, as deter- 49 mined by the performance characteristic sheets, shall be confirmed by 50 laboratory analysis of paint chips, the measure of such laboratory anal- 51 ysis shall be definitive. Where a laboratory analysis of paint chips is 52 performed (including because an x-ray fluorescence reading is inconclu- 53 sive), the results shall be reported in percent by weight. In such 54 case, lead-based paint shall mean any paint or other similar surface- 55 coating material containing more than 0.009 percent (or 90 parts per 56 million) of metallic lead, based on the non-volatile content of theA. 4820--A 4 1 paint or other similar surface-coating material. In the event that the 2 United States environmental protection agency or a successor agency, or 3 the United States department of housing and urban development or a 4 successor agency, or a department or agency of the state of New York 5 that has obtained applicable authorization pursuant to 40 C.F.R. part 6 745 subpart Q or successor regulation, adopts more stringent definitions 7 of lead-based paint, such more stringent definitions shall apply for the 8 purposes of this article. 9 6. "Real estate purchase contract" shall mean any of the following: 10 (a) a contract which provides for the purchase and sale or exchange of 11 residential real property; 12 (b) a lease with an option to purchase residential real property; 13 (c) a lease-with-obligation-to-purchase agreement for residential real 14 property; or 15 (d) an installment land sale contract for residential real property. 16 7. "Residential real property" shall mean real property improved by a 17 residential dwelling erected prior to the year nineteen hundred seven- 18 ty-eight. 19 8. "Residential dwelling" shall mean a single-family dwelling, includ- 20 ing attached structures such as porches and stoops, or a single-family 21 dwelling unit within a structure that contains more than one separate 22 residential dwelling unit, used or occupied, or designed to be used or 23 occupied, wholly or partly, as the home or residence of one or more 24 persons whether or not it was or will be occupied. 25 9. "Seller" shall mean any entity that intends to engage in the trans- 26 fer of title to a buyer of residential real property, in whole or in 27 part, including but not limited to individuals, partnerships, corpo- 28 rations, trusts, government agencies, housing agencies, Indian tribes, 29 mortgage banker, lender, and nonprofit organizations. The term "seller" 30 also shall mean an entity that transfers shares in a cooperatively owned 31 project. 32 10. "Test for lead-based paint" shall mean a test for the presence of 33 lead-based paint that has been conducted through both a lead hazard risk 34 assessment and a lead-based paint inspection as defined in 40 C.F.R. 35 745.103, 24 C.F.R. 35.86, and the United States department of housing 36 and urban development guidelines for the evaluation and control of lead- 37 based paint hazards in housing (July 2012), or successor regulations and 38 guidelines, and a report prepared indicating the results of such test, 39 including the locations where tests were performed for lead-based paint 40 and lead-based paint hazards and the readings of all such tests. Such 41 test shall not be valid unless performed by a person accredited pursuant 42 to: (a) certification to conduct lead hazard risk assessment and 43 inspections by the United States environmental protection agency pursu- 44 ant to 40 C.F.R. 745.226(b) or successor regulation; or (b) certif- 45 ication by a state or tribal program authorized by the United States 46 environmental protection agency to certify individuals engaged in lead- 47 based paint activities pursuant to 40 C.F.R. 745.325 or successor regu- 48 lation or eligible to conduct the inspections required by this article. 49 For multifamily housing, the test must be conducted in accordance with 50 the United States department of housing and urban development guidelines 51 for the evaluation and control of lead-based paint hazards in housing 52 (July 2012), or successor guidelines. 53 11. "Transfer of title" shall mean delivery of a properly executed 54 instrument conveying title to residential real property and shall 55 include delivery of a real estate purchase contract that is a lease or 56 installment land sale contract.A. 4820--A 5 1 § 522. Inspection of residential real property for lead-based paint 2 prior to transfer of title. 1. (a) Effective August first, two thousand 3 twenty-four, every seller of residential real property pursuant to a 4 real estate purchase contract shall deliver to a buyer or buyer's agent 5 prior to the signing by the buyer of a binding contract of sale a 6 certificate that such property has been tested for lead-based paint, and 7 provide the report of such test. The seller shall attach a copy of the 8 certificate containing the signature of the seller and any report of a 9 test for lead-based paint to the real estate purchase contract. The 10 seller shall submit a copy of such certificate and report of such test 11 and any subsequent reports of such tests to the office authorized under 12 section three hundred seventy-two of this chapter to be registrar of 13 title in the county where such real property is located, and such office 14 shall not accept for filing an instrument of transfer of title unless 15 accompanied by such certificate where applicable. The seller shall also 16 file such certificate and report with the registry established by the 17 department of health pursuant to subdivision one of section thirteen 18 hundred seventy-seven of the public health law. The rental registry 19 shall be publicly accessible online, translated consistent with section 20 two hundred two-a of the executive law, and easy to navigate and read by 21 people with an eighth grade education or less. The department of health 22 shall notify the county department of health in the location of the 23 property sale about new entries in the registry coming from property 24 sales. 25 (b) The presentation of a certificate of such test by a prior owner of 26 such property and evidence of filing such certificate and report with 27 the department of health in the county where such residential real prop- 28 erty is located, and with the registry established by the department of 29 health pursuant to subdivision one of section thirteen hundred seventy- 30 seven of the public health law, shall be deemed to be in compliance with 31 the provisions of this subdivision. 32 (c) In the event the seller has not received from a prior owner a 33 certification and report of such tests as set forth in this subdivision, 34 the costs of testing for lead-based paint and the preparation of a 35 certificate and report thereof as provided in this subdivision shall be 36 deductible by the transferor or grantor, up to the amount of five 37 hundred dollars, or in a building with more than one dwelling unit up to 38 four hundred dollars per dwelling unit tested, from the taxes imposed by 39 sections fourteen hundred two and fourteen hundred two-a of the tax law. 40 The transferor or grantor shall not be reimbursed for costs in excess of 41 the total taxes imposed by sections fourteen hundred two and fourteen 42 hundred two-a of the tax law. 43 2. Any provision in a real estate purchase contract or any other docu- 44 ment related to the transfer of title in residential real property that 45 purports to waive any right created under state or federal law for the 46 buyer to conduct a risk assessment or inspection of the property to 47 determine the presence of lead-based paint and/or lead-based paint 48 hazards, or any oral agreement that purports to waive such right, is 49 null and void as against public policy, notwithstanding that such waiv- 50 ers might otherwise be permitted by federal law. 51 3. A certificate that such property has been tested for lead-based 52 paint shall not be required in connection with any of the following 53 transfers of residential real property: 54 (a) A transfer to a beneficiary of a deed of trust; 55 (b) A transfer by a fiduciary in the course of the administration of a 56 decedent's estate, a guardianship, a conservatorship, or a trust;A. 4820--A 6 1 (c) A transfer from one co-owner to one or more other co-owners; 2 (d) A transfer made to the transferor's spouse or to one or more 3 persons in the lineal consanguinity of one or more of the transferors; 4 (e) A transfer between spouses or former spouses as a result of a 5 decree of divorce, dissolution of marriage, annulment, or legal sepa- 6 ration or as a result of property settlement, agreement incidental to a 7 decree of divorce, dissolution of marriage, annulment or legal sepa- 8 ration; 9 (f) A transfer to or from the state, a political subdivision of the 10 state, or another governmental entity; 11 (g) A transfer by a sheriff; 12 (h) A transfer pursuant to a partition action; or 13 (i) A transfer of an unoccupied dwelling unit or residential property 14 that is to be demolished, provided the dwelling unit or property will 15 remain unoccupied until demolition and lead-safe work practices enumer- 16 ated in 40 C.F.R. 745 and successor regulations, or more protective 17 state law are followed during the demolition. 18 4. Nothing contained in this article is intended to prevent the 19 parties to a contract of sale from entering into agreements of any kind 20 or nature with respect to the physical condition of the property to be 21 sold, including, but not limited to, agreements for the sale of real 22 property "as is". 23 § 523. Duty of agent. An agent representing a seller of residential 24 real property as a listing broker, or, if the seller is not represented 25 by an agent, the agent representing the buyer of residential real prop- 26 erty and dealing with a prospective seller, shall have the duty to time- 27 ly (in any event, before the buyer signs a binding contract of sale) 28 inform each seller of the seller's obligations under this article. An 29 agent representing a buyer of residential real property, or, if the 30 buyer is not represented by an agent, the agent representing a seller of 31 residential real property and dealing with a prospective buyer, shall 32 have the duty to timely (in any event, before the buyer signs a binding 33 contract of sale) inform such buyer of the buyer's rights and obli- 34 gations under this article. If an agent performs the duties and obli- 35 gations imposed upon him or her pursuant to this section, the agent 36 shall have no further duties under this article and shall not be liable 37 to any party for a violation of this article. The department of state 38 may, pursuant to section four hundred forty-one-c of this chapter, 39 revoke or suspend the license of an agent who violates this article. 40 § 524. Liability. Nothing contained in this article shall be construed 41 as limiting any existing legal cause of action or remedy at law, in 42 statute or in equity. 43 § 3. The real property law is amended by adding a new section 235-aa 44 to read as follows: 45 § 235-aa. Disclosure of lead-based paint and lead-based paint hazards. 46 1. Prior to executing a residential lease or rental agreement with a 47 tenant, the owner of real property shall provide the tenant a copy of 48 all reports of a test for lead-based paint issued or prepared pursuant 49 to section five hundred twenty-two of this chapter, and any other 50 report, within the possession or control of the owner, pertaining to 51 lead-based paint or lead-based paint hazards within the meaning of 52 section 4852d of title 42 of the United States Code and the regulations 53 thereunder. Owners who deliver a disclosure form with all required docu- 54 ments under the provisions of section 4852d of title 42 of the United 55 States Code and the regulations thereunder shall be deemed to have 56 complied with the requirements of this subdivision.A. 4820--A 7 1 2. Any agreement by a lessee or tenant of premises for dwelling 2 purposes waiving or modifying his or her rights as set forth in this 3 section shall be void as contrary to public policy. 4 3. An owner who violates this section shall be liable for a civil 5 penalty not to exceed ten thousand dollars, and in addition, a penalty 6 to the tenant not to exceed the equivalent of the amount of rental 7 payments for three months plus any attorney's fees. The powers and 8 remedies set forth in this section shall be in addition to all other 9 existing legal cause of action or remedy at law, in statute or in equi- 10 ty. 11 § 4. Subdivision 2 of section 462 of the real property law, as amended 12 by chapter 484 of the laws of 2023, is amended to read as follows: 13 2. The following shall be the disclosure form: 14 PROPERTY CONDITION DISCLOSURE STATEMENT 15 NAME OF SELLER OR SELLERS: 16 PROPERTY ADDRESS: 17 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN- 18 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF 19 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE 20 BUYER OF A BINDING CONTRACT OF SALE. 21 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND 22 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE 23 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT 24 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR 25 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR 26 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND 27 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY. 28 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM 29 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE 30 TRANSFER OF TITLE. 31 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO 32 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU- 33 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, 34 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH 35 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE 36 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT 37 OWNED IN FEE SIMPLE BY THE SELLER. 38 INSTRUCTIONS TO THE SELLER: 39 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE. 40 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS 41 REQUIRED. 42 (c) COMPLETE THIS FORM YOURSELF. 43 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP- 44 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN). 45 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO 46 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN- 47 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO 48 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN- 49 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER 50 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT. 51 GENERAL INFORMATION 52 1. HOW LONG HAVE YOU OWNED THE PROPERTY? 53 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?A. 4820--A 8 1 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF 2 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI- 3 GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW 4 YORK REAL PROPERTY LAW REQUIRES THE SELLER TO PRODUCE THE RESULTS 5 OF A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT SUCH 6 TEST IF NOT PREVIOUSLY PERFORMED. 7 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY 8 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN 9 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS 10 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA 11 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO 12 UNKN NA (IF YES, EXPLAIN BELOW) 13 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL 14 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF 15 YES, EXPLAIN BELOW) 16 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH 17 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS, 18 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW) 19 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN- 20 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES 21 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 22 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES 23 NO UNKN NA (IF NO, EXPLAIN BELOW) 24 ENVIRONMENTAL 25 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD- 26 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW 27 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY 28 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY 29 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING 30 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS OR 31 OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL 32 HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED 33 OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI- 34 CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER 35 AND WOOD PRESERVATIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS 36 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, 37 BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD 38 CLEANERS, POOL CHEMICALS, PRODUCTS CONTAINING MERCURY AND LEAD AND 39 INDOOR MOLD. 40 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM 41 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU 42 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. IF 43 LEAD IN DRINKING WATER IS A CONCERN TO YOU, YOU ARE URGED TO HAVE THE 44 PLUMBING EXAMINED, INCLUDING THE SERVICE LINE. 45 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A FEDERAL EMERGENCY 46 MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN? YES NO UNKN NA 47 (IF YES, EXPLAIN BELOW) 48 11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN THE 49 SPECIAL FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORD- 50 ING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) CURRENT 51 FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO UNKN NA (IF YES, 52 EXPLAIN BELOW)A. 4820--A 9 1 12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN A 2 MODERATE RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING 3 TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO 4 UNKN NA (IF YES, EXPLAIN BELOW) 5 13. IS THE PROPERTY SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO 6 OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN 7 NA (IF YES, EXPLAIN BELOW) 8 HOMES IN THE SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK 9 FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE MAPS WITH MORTGAGES 10 FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN 11 AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR- 12 AGES HOMEOWNERS IN HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD 13 ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND 14 THE PERSONAL PROPERTY WITHIN THE STRUCTURE(S). ALSO NOTE THAT 15 HOMES IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD- 16 ING OVER TIME DUE TO PROJECTED SEA LEVEL RISE AND INCREASED 17 EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED 18 IN CURRENT FLOOD INSURANCE RATE MAPS. 19 14. HAVE YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI- 20 OUS OWNERS RECEIVING ASSISTANCE, FROM THE FEDERAL EMERGENCY 21 MANAGEMENT AGENCY (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION 22 (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD ASSISTANCE FOR FLOOD 23 DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) FOR 24 PROPERTIES THAT HAVE RECEIVED FEDERAL DISASTER ASSISTANCE, THE 25 REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN TO ALL FUTURE 26 OWNERS. FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT 27 IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE. 28 15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF YES, 29 ATTACH A COPY OF THE POLICY) 30 A STANDARD HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER 31 FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO DETER- 32 MINE WHETHER YOU ARE COVERED. 33 16. IS THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY? 34 YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE) 35 AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY A LICENSED 36 SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT 37 THE FLOOD RISK OF THE PROPERTY AND IS USED BY FLOOD INSURANCE 38 PROVIDERS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) TO 39 HELP DETERMINE THE APPROPRIATE FLOOD INSURANCE RATING FOR THE 40 PROPERTY. A BUYER MAY BE ABLE TO USE THE ELEVATION CERTIFICATE 41 FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY. 42 17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH 43 ANY INSURANCE PROVIDER, INCLUDING THE NATIONAL FLOOD INSURANCE 44 PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 45 18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND? 46 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 47 19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? 48 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 49 20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? 50 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 51 21. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR 52 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE 53 THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING 54 OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 55 22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE 56 LOCATION OR LOCATIONS BELOW)A. 4820--A 10 1 23. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION 2 OR LOCATIONS BELOW) 3 24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY 4 OF THE REPORT) 5 25. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR 6 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR 7 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE 8 PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO 9 UNKN NA (IF YES, DESCRIBE BELOW) 10 26. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR 11 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM 12 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO 13 UNKN NA (IF YES, ATTACH REPORT(S)) 14 27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF YES, 15 ATTACH A COPY OF THE REPORT) 16 STRUCTURAL 17 28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES? 18 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 19 29. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES? 20 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 21 30. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR 22 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 23 31. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST 24 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH 25 REPORT(S)) 26 32. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)? 27 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS- 28 FERABLE WARRANTY ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF 29 YES, EXPLAIN BELOW) 30 33. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING 31 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR 32 PARTITIONS? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 33 MECHANICAL SYSTEMS & SERVICES 34 34. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE, 35 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA 36 35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA 37 (IF YES, DESCRIBE BELOW) 38 36. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC 39 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL, 40 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING? 41 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES, 42 EXPLAIN BELOW) 43 37. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER- 44 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________ 45 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES 46 NO UNKN NA (IF YES, EXPLAIN BELOW) 47 38. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED 48 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA 49 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW) 50 39. HAS THE STRUCTURE(S) EXPERIENCED ANY WATER PENETRATION OR DAMAGE 51 DUE TO SEEPAGE OR A NATURAL FLOOD EVENT, SUCH AS FROM HEAVY RAIN- 52 FALL, COASTAL STORM SURGE, TIDAL INUNDATION OR RIVER OVERFLOW? 53 YES NO UNKN NA (IF YES, EXPLAIN BELOW)A. 4820--A 11 1 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES, 2 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.): 3 40. PLUMBING SYSTEM? YES NO UNKN NA 4 41. SECURITY SYSTEM? YES NO UNKN NA 5 42. CARBON MONOXIDE DETECTOR? YES NO UNKN NA 6 43. SMOKE DETECTOR? YES NO UNKN NA 7 44. FIRE SPRINKLER SYSTEM? YES NO UNKN NA 8 45. SUMP PUMP? YES NO UNKN NA 9 46. FOUNDATION/SLAB? YES NO UNKN NA 10 47. INTERIOR WALLS/CEILINGS? YES NO UNKN NA 11 48. EXTERIOR WALLS OR SIDING? YES NO UNKN NA 12 49. FLOORS? YES NO UNKN NA 13 50. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA 14 51. PATIO/DECK? YES NO UNKN NA 15 52. DRIVEWAY? YES NO UNKN NA 16 53. AIR CONDITIONER? YES NO UNKN NA 17 54. HEATING SYSTEM? YES NO UNKN NA 18 55. HOT WATER HEATER? YES NO UNKN NA 19 56. THE PROPERTY IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT UNKN 20 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE 21 PROPERTY (E.G. TAX RECORDS AND WETLAND AND FEMA'S CURRENT FLOOD 22 INSURANCE RATE MAPS AND ELEVATION CERTIFICATES) 23 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF 24 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI- 25 TIONAL PAGES ATTACHED. 26 ______________________________________________________________ 27 ______________________________________________________________ 28 ______________________________________________________________ 29 ______________________________________________________________ 30 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS 31 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE 32 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A 33 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS 34 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED 35 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION 36 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT, 37 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI- 38 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO 39 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER. 40 SELLER__________ DATE___________ 41 SELLER__________ DATE___________ 42 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS 43 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF 44 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE 45 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT 46 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS 47 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS. 48 BUYER__________ DATE__________ 49 BUYER__________ DATE _________ 50 § 5. This act shall take effect August 1, 2024. Effective imme- 51 diately, the addition, amendment, and/or repeal of any rule or regu- 52 lation necessary for the implementation of this act on its effective 53 date are authorized to be made and completed on or before such effective 54 date.
