Bill Text: NY S01446 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the remediation and prevention of indoor mold; requires the disclosure of indoor mold history upon the sale of certain real property; requires notification to prospective lessees; directs the commissioner of housing and community renewal and the commissioner of health to promulgate rules and standards for the remediation and prevention of indoor mold.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-07-23 - referred to judiciary [S01446 Detail]

Download: New_York-2019-S01446-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1446
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced  by  Sen. SANDERS -- 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  requiring  the
          disclosure  of indoor mold history upon the sale of certain real prop-
          erty
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 2 of section 462 of the real property law, as
     2  added by chapter 456 of the laws of 2001, is amended to read as follows:
     3    2. The following shall be the disclosure form:
     4                   PROPERTY CONDITION DISCLOSURE STATEMENT
     5  NAME OF SELLER OR SELLERS:
     6  PROPERTY ADDRESS:
     7    THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF  RESIDEN-
     8  TIAL  REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
     9  TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY  THE
    10  BUYER OF A BINDING CONTRACT OF SALE.
    11    PURPOSE  OF  STATEMENT:  THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
    12  INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
    13  STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR  BY  ANY  AGENT
    14  REPRESENTING  THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
    15  ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO  OBTAIN  HIS  OR
    16  HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
    17  ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
    18    A  KNOWINGLY  FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
    19  MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER  PRIOR  TO  OR  AFTER  THE
    20  TRANSFER  OF  TITLE.    IN  THE EVENT A SELLER FAILS TO PERFORM THE DUTY
    21  PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE  STATEMENT  PRIOR  TO
    22  THE  SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
    23  RECEIVE UPON THE TRANSFER OF TITLE A  CREDIT  OF  FIVE  HUNDRED  DOLLARS
    24  AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01848-02-9

        S. 1446                             2
     1    "RESIDENTIAL  REAL  PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
     2  FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED  OR  OCCU-
     3  PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
     4  BUT  SHALL  NOT  REFER  TO  (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
     5  DWELLINGS  ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
     6  APARTMENTS OR (C) PROPERTY ON A  HOMEOWNERS'  ASSOCIATION  THAT  IS  NOT
     7  OWNED IN FEE SIMPLE BY THE SELLER.
     8  INSTRUCTIONS TO THE SELLER:
     9    (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
    10    (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
    11  REQUIRED.
    12    (c) COMPLETE THIS FORM YOURSELF.
    13    (d)  IF  SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
    14  PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
    15    SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS  TO
    16  THE  BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
    17  ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT,  IF  ANY,  TO
    18  PROVIDE  A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
    19  TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
    20  AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
    21  GENERAL INFORMATION
    22    1. HOW LONG HAVE YOU OWNED THE PROPERTY?
    23    2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
    24    3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE  TO  BUYER--IF
    25       THE  STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
    26       GATE FOR THE PRESENCE OF LEAD BASED PAINT.
    27    4. DOES ANYBODY OTHER THAN YOURSELF HAVE  A  LEASE,  EASEMENT  OR  ANY
    28       OTHER  RIGHT  TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
    29       THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD,  SUCH  AS
    30       RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
    31    5. DOES  ANYBODY  ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?  YES NO
    32       UNKN NA (IF YES, EXPLAIN BELOW)
    33    6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
    34       CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO  UNKN  NA  (IF
    35       YES, EXPLAIN BELOW)
    36    7. ARE  THERE  ANY  FEATURES  OF  THE  PROPERTY  SHARED IN COMMON WITH
    37       ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH  AS  WALLS,
    38       FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
    39    8. ARE  THERE  ANY  ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
    40       SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER  ASSOCIATION  FEES
    41       THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    42    9. ARE  THERE  CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?  YES
    43       NO UNKN NA (IF NO, EXPLAIN BELOW)
    44  ENVIRONMENTAL
    45    NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS  REGARD-
    46  ING  PETROLEUM  PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
    47  TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE  PROPERTY
    48  OR  FROM  THE  PROPERTY  ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
    49  INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE,  DIESEL  FUEL,  HOME  HEATING
    50  FUEL,  AND  LUBRICANTS.  HAZARDOUS  OR  TOXIC SUBSTANCES ARE PRODUCTS OR
    51  OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM  DANGER  TO  PERSONAL
    52  HEALTH  OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
    53  OR STORED.  THESE INCLUDE, BUT ARE NOT LIMITED TO,  FERTILIZERS,  PESTI-

        S. 1446                             3
     1  CIDES  AND  INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
     2  AND WOOD PRESERVATIVES, TREATED WOOD,  CONSTRUCTION  MATERIALS  SUCH  AS
     3  ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
     4  BATTERIES,  CLEANING  SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
     5  CLEANERS [AND], POOL CHEMICALS [AND], PRODUCTS  CONTAINING  MERCURY  AND
     6  LEAD AND INDOOR MOLD.
     7    NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
     8  PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
     9  ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
    10    10. IS  ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
    11        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    12    11. IS ANY OR ALL OF THE PROPERTY LOCATED  IN  A  DESIGNATED  WETLAND?
    13        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    14    12. IS  THE  PROPERTY  LOCATED  IN AN AGRICULTURAL DISTRICT?   YES  NO
    15        UNKN  NA (IF YES, EXPLAIN BELOW)
    16    13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO   UNKN   NA
    17        (IF YES, EXPLAIN BELOW)
    18    14. ARE  THERE  OR  HAVE  THERE  EVER BEEN FUEL STORAGE TANKS ABOVE OR
    19        BELOW THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES,  ARE
    20        THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
    21        OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    22    15. IS  THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
    23        LOCATION OR LOCATIONS BELOW)
    24    16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES,  STATE  LOCATION
    25        OR LOCATIONS BELOW)
    26    17. HAS  A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
    27        OF THE REPORT)
    28    18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING  OIL  OR
    29        ANY  OTHER  PETROLEUM  PRODUCT,  METHANE  GAS, OR ANY HAZARDOUS OR
    30        TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON  THE
    31        PROPERTY  OR  FROM  THE  PROPERTY ONTO ANY OTHER PROPERTY?  YES NO
    32        UNKN NA (IF YES, DESCRIBE BELOW)
    33    19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
    34        OIL, HOME HEATING FUEL, LUBRICATING OIL, OR  ANY  OTHER  PETROLEUM
    35        PRODUCT,  METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO
    36        UNKN NA (IF YES, ATTACH REPORT(S))
    37    19-a.  HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO  UNKN  (IF
    38        YES, ATTACH A COPY OF THE REPORT)
    39  STRUCTURAL
    40    20. IS  THERE  ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
    41        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    42    21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR  STRUCTURES?
    43        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    44    22. IS  THERE  ANY  TERMITE,  INSECT,  RODENT  OR  PEST INFESTATION OR
    45        DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    46    23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT  OR  PEST
    47        INFESTATION  OR  DAMAGE?  YES  NO  UNKN  NA (IF YES, PLEASE ATTACH
    48        REPORT(S))
    49    24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE,  ASPHALT,  OTHER.)?
    50        ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
    51        FERABLE  WARRANTEE  ON  THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF
    52        YES, EXPLAIN BELOW)

        S. 1446                             4
     1    25. ARE THERE ANY KNOWN MATERIAL  DEFECTS  IN  ANY  OF  THE  FOLLOWING
     2        STRUCTURAL  SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
     3        PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)
     4  MECHANICAL SYSTEMS & SERVICES
     5    26. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
     6        MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
     7    27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
     8        (IF YES, DESCRIBE BELOW)
     9    28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -  PUBLIC
    10        SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
    11        AGE?  ________  DATE  LAST  PUMPED? ________ FREQUENCY OF PUMPING?
    12        ________ ANY KNOWN MATERIAL DEFECTS?   YES NO  UNKN  NA  (IF  YES,
    13        EXPLAIN BELOW)
    14    29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
    15        AGE?  ________  DOES  IT  HAVE CIRCUIT BREAKERS OR FUSES? ________
    16        PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS?  YES
    17        NO UNKN NA (IF YES, EXPLAIN BELOW)
    18    30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
    19        IN  STANDING  WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
    20        (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
    21    31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
    22        NO UNKN NA (IF YES, EXPLAIN BELOW)
    23        ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE  FOLLOWING  (IF
    24        YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
    25    32. PLUMBING SYSTEM?            YES NO UNKN NA
    26    33. SECURITY SYSTEM?            YES NO UNKN NA
    27    34. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
    28    35. SMOKE DETECTOR?             YES NO UNKN NA
    29    36. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
    30    37. SUMP PUMP?                  YES NO UNKN NA
    31    38. FOUNDATION/SLAB?            YES NO UNKN NA
    32    39. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
    33    40. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
    34    41. FLOORS?                     YES NO UNKN NA
    35    42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
    36    43. PATIO/DECK?                 YES NO UNKN NA
    37    44. DRIVEWAY?                   YES NO UNKN NA
    38    45. AIR CONDITIONER?            YES NO UNKN NA
    39    46. HEATING SYSTEM?             YES NO UNKN NA
    40    47. HOT WATER HEATER?           YES NO UNKN NA
    41    48. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
    42       NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
    43       PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
    44    THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
    45  NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
    46  TIONAL PAGES ATTACHED.
    47    ______________________________________________________________
    48    ______________________________________________________________
    49    ______________________________________________________________
    50    ______________________________________________________________
    51    SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN  THIS
    52  PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE AND COMPLETE TO THE
    53  SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED  BY  THE  SELLER.  IF  A
    54  SELLER  OF  RESIDENTIAL  REAL  PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
    55  MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED

        S. 1446                             5
     1  PREVIOUSLY, THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY  CONDITION
     2  DISCLOSURE  STATEMENT  TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
     3  HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
     4  TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
     5  THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
     6    SELLER__________ DATE___________
     7    SELLER__________ DATE___________
     8    BUYER'S  ACKNOWLEDGMENT:  BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
     9  STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT  OF
    10  CERTAIN  CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
    11  SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
    12  AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR  OTHER  INSPECTIONS
    13  OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
    14    BUYER__________ DATE__________
    15    BUYER__________ DATE _________
    16    §  2.    This  act  shall take effect on the one hundred eightieth day
    17  after it shall have become a law; provided, however, that this act shall
    18  apply to contracts of sale for real property entered into  on  or  after
    19  such effective date.
feedback