Bill Text: NY S02079 | 2015-2016 | General Assembly | Introduced
Bill Title: Requires that contracts for the sale or lease of residential real property include a notice that information on high risk sex offenders is available to the public and that the division of criminal justice services maintain a "900" telephone number through which sex offender information is available on specific individuals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-21 - RECOMMIT, ENACTING CLAUSE STRICKEN [S02079 Detail]
Download: New_York-2015-S02079-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2079
2015-2016 Regular Sessions
I N S E N A T E
January 21, 2015
___________
Introduced by Sen. FLANAGAN -- 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, upon the sale or lease of residential real property, of
the availability of certain sex offender information
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 two new sections
2 220-a and 242-a to read as follows:
3 S 220-A. DISCLOSURE OF THE AVAILABILITY OF SEX OFFENDER INFORMATION.
4 1. EVERY LEASE AND RENTAL AGREEMENT OF RESIDENTIAL REAL PROPERTY SHALL
5 CONTAIN IN NOT LESS THAN EIGHT POINT TYPE, THE FOLLOWING NOTICE:
6 NOTICE: THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MAIN-
7 TAINS AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES THE
8 LOCATION OF HIGH RISK SEX OFFENDERS REQUIRED TO REGISTER PURSUANT TO
9 ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGISTRATION ACT, TO
10 THE OFFICES OF LOCAL VILLAGE, TOWN, CITY, AND COUNTY POLICE DEPARTMENTS
11 AND STATE LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PUBLIC ACCESS.
12 PLEASE CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY FOR FURTHER INFORMATION
13 ON HOW TO ACCESS AND VIEW THE SUBDIRECTORY OF HIGH RISK SEX OFFENDERS.
14 THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES ALSO OPERATES
15 FOR PUBLIC ACCESS A SPECIAL "900" TELEPHONE NUMBER THROUGH WHICH CALLERS
16 MAY VERIFY THE REGISTRATION OF A NAMED INDIVIDUAL. CALLERS MUST HAVE
17 SPECIFIC INFORMATION WHICH WILL ACHIEVE POSITIVE IDENTIFICATION SUCH AS
18 AN EXACT ADDRESS, DRIVER'S LICENSE NUMBER OR BIRTH DATE. IN ADDITION,
19 THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MAINTAINS A
20 WEBSITE PROVIDING INFORMATION, INCLUDING THE NAMES AND ADDRESSES,
21 REGARDING CERTAIN SEX OFFENDERS.
22 2. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, UPON
23 DELIVERY OF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
24 SECTION TO THE LESSEE OF THE RESIDENTIAL REAL PROPERTY, NEITHER THE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05330-01-5
S. 2079 2
1 LESSOR NOR ANY AGENT OF THE LESSOR SHALL BE REQUIRED TO PROVIDE INFORMA-
2 TION IN ADDITION TO THAT CONTAINED IN THE NOTICE REGARDING THE AVAIL-
3 ABILITY OF THE SUBDIRECTORY, THE SPECIAL "900" NUMBER OR THE WEBSITE.
4 THE INFORMATION IN SUCH NOTICE SHALL BE DEEMED TO BE ADEQUATE TO INFORM
5 THE LESSEE ABOUT THE EXISTENCE OF A STATEWIDE SUBDIRECTORY OF THE
6 LOCATIONS OF HIGH RISK SEX OFFENDERS AND INFORMATION FROM THE SUBDIREC-
7 TORY REGARDING THOSE LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT
8 GIVE RISE TO ANY CAUSE OF ACTION AGAINST THE DISCLOSING PARTY.
9 3. WHERE THE LESSEE RECEIVES THE NOTICE CONTAINED IN SUBDIVISION ONE
10 OF THIS SECTION AT OR BEFORE THE TIME OF A WRITTEN OFFER OF A LEASE OR
11 RENTAL AGREEMENT FOR THE LEASE OF RESIDENTIAL REAL PROPERTY, ANY PERSON
12 WHO IS LICENSED AS A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER,
13 OR REAL ESTATE SALESPERSON UNDER SECTION FOUR HUNDRED FORTY-A OF THIS
14 CHAPTER AND WHO IS ACTING IN A FIDUCIARY CAPACITY FOR EITHER A LESSOR OR
15 A LESSEE OF RESIDENTIAL REAL PROPERTY SHALL NOT BE REQUIRED TO PROVIDE
16 ANY FURTHER INFORMATION TO THE LESSEE OF THE RESIDENTIAL REAL PROPERTY
17 REGARDING INFORMATION RELATING TO OR THE LOCATION OF SEX OFFENDERS.
18 4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
19 SECTION, NOTHING IN THIS SECTION SHALL ALTER ANY EXISTING DUTY OF THE
20 LESSOR OR ANY AGENT OF SUCH LESSOR UNDER ANY OTHER PROVISION OF LAW.
21 S 242-A. DISCLOSURE OF THE AVAILABILITY OF SEX OFFENDER INFORMATION.
22 1. EVERY CONTRACT FOR THE PURCHASE OF RESIDENTIAL REAL PROPERTY,
23 COMPRISING ONE TO FOUR DWELLING UNITS, SHALL CONTAIN IN NOT LESS THAN
24 EIGHT POINT TYPE, THE FOLLOWING NOTICE:
25 NOTICE: THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MAIN-
26 TAINS AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES THE
27 LOCATION OF HIGH RISK SEX OFFENDERS REQUIRED TO REGISTER PURSUANT TO
28 ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGISTRATION ACT, TO
29 THE OFFICES OF LOCAL VILLAGE, TOWN, CITY, AND COUNTY POLICE DEPARTMENTS
30 AND STATE LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF PUBLIC ACCESS.
31 PLEASE CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY FOR FURTHER INFORMATION
32 ON HOW TO ACCESS AND VIEW THE SUBDIRECTORY OF HIGH RISK SEX OFFENDERS.
33 THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES ALSO OPERATES
34 FOR PUBLIC ACCESS A SPECIAL "900" TELEPHONE NUMBER THROUGH WHICH CALLERS
35 MAY VERIFY THE REGISTRATION OF A NAMED INDIVIDUAL. CALLERS MUST HAVE
36 SPECIFIC INFORMATION WHICH WILL ACHIEVE POSITIVE IDENTIFICATION SUCH AS
37 AN EXACT ADDRESS, DRIVER'S LICENSE NUMBER OR BIRTH DATE. IN ADDITION,
38 THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MAINTAINS A
39 WEBSITE PROVIDING INFORMATION, INCLUDING THE NAMES AND ADDRESSES,
40 REGARDING CERTAIN SEX OFFENDERS.
41 2. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, UPON
42 DELIVERY OF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
43 SECTION TO THE BUYER OF THE RESIDENTIAL REAL PROPERTY, NEITHER THE SELL-
44 ER NOR ANY AGENT OF THE SELLER SHALL BE REQUIRED TO PROVIDE INFORMATION
45 IN ADDITION TO THAT CONTAINED IN THE NOTICE REGARDING THE AVAILABILITY
46 OF THE SUBDIRECTORY, THE SPECIAL "900" NUMBER OR THE WEBSITE. THE
47 INFORMATION IN SUCH NOTICE SHALL BE DEEMED TO BE ADEQUATE TO INFORM THE
48 BUYER ABOUT THE EXISTENCE OF A STATEWIDE SUBDIRECTORY OF THE LOCATIONS
49 OF HIGH RISK SEX OFFENDERS AND INFORMATION FROM THE SUBDIRECTORY REGARD-
50 ING THOSE LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT GIVE RISE
51 TO ANY CAUSE OF ACTION AGAINST THE DISCLOSING PARTY.
52 3. WHERE THE BUYER RECEIVES THE NOTICE CONTAINED IN SUBDIVISION ONE OF
53 THIS SECTION AT OR BEFORE THE TIME OF THE MAKING OF A WRITTEN OFFER FOR
54 THE PURCHASE OF RESIDENTIAL REAL PROPERTY, ANY PERSON WHO IS LICENSED AS
55 A REAL ESTATE BROKER, ASSOCIATE REAL ESTATE BROKER, OR REAL ESTATE
56 SALESPERSON UNDER SECTION FOUR HUNDRED FORTY-A OF THIS CHAPTER AND WHO
S. 2079 3
1 IS ACTING IN A FIDUCIARY CAPACITY FOR EITHER A BUYER OR A SELLER OF
2 RESIDENTIAL REAL PROPERTY SHALL NOT BE REQUIRED TO PROVIDE ANY FURTHER
3 INFORMATION TO THE BUYER OF THE RESIDENTIAL REAL PROPERTY REGARDING
4 INFORMATION RELATING TO OR THE LOCATION OF SEX OFFENDERS.
5 4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
6 SECTION, NOTHING IN THIS SECTION SHALL ALTER ANY EXISTING DUTY OF THE
7 SELLER OR ANY AGENT OF SUCH SELLER UNDER ANY OTHER PROVISION OF LAW.
8 S 2. This act shall take effect on the ninetieth day after it shall
9 have become a law and shall apply to contracts and agreements entered
10 into on or after such date.
