S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8982

                          I N  A S S E M B L Y

                              March 6, 2014
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- 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:

  Section 1.  The opening paragraph of section 291 of the real  property
law is designated subdivision 1 and a new subdivision 2 is added to read
as follows:
  2.  WITHIN TEN DAYS OF THE RECEIPT OF A RESIDENTIAL PROPERTY CONDITION
DISCLOSURE STATEMENT,  PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  FOUR
HUNDRED SIXTY-TWO OF THIS CHAPTER, A COUNTY CLERK SHALL RECORD THE SAME,
AND  PRODUCE  AND  DELIVER  COPIES THEREOF TO THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION AND TO THE CLERK OF THE CITY,  TOWN  OR  VILLAGE  IN
WHICH SUCH RESIDENTIAL REAL PROPERTY IS SITUATE.
  S  2.  Subdivision 1 of section 462 of the real property law, as added
by chapter 456 of the laws of 2001, is amended to read as follows:
  1. Except as is provided in section four hundred sixty-three  of  this
article,  every  seller  of residential real property pursuant to a real
estate purchase contract shall complete and sign  a  property  condition
disclosure  statement  as  prescribed by subdivision two of this section
and cause it, or a copy thereof, to be delivered to a buyer  or  buyer's
agent prior to the signing by the buyer of a binding contract of sale. A
copy  of  the  property  condition  disclosure  statement containing the
signatures of both seller and buyer shall be attached to the real estate
purchase contract, AND AN ADDITIONAL COPY THEREOF CONTAINING THE  SIGNA-
TURES  OF  THE  SELLER  AND THE BUYER SHALL BE ATTACHED TO THE RECORD OF
CONVEYANCE FILED WITH THE COUNTY CLERK PURSUANT TO SECTION  TWO  HUNDRED
NINETY-ONE  OF  THIS CHAPTER.  Nothing contained in this article or this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04353-02-3

A. 8982                             2

disclosure statement is intended to prevent the parties to a contract of
sale from entering into agreements of any kind or nature with respect to
the physical condition of the property to be sold,  including,  but  not
limited to, agreements for the sale of real property "as is".
  S  3.  Section 3-0301 of the environmental conservation law is amended
by adding a new subdivision 6 to read as follows:
  6. THE DEPARTMENT SHALL ESTABLISH, OPERATE AND MAINTAIN AN  ELECTRONIC
DATABASE OF THE "ENVIRONMENTAL" INFORMATION INCLUDED IN EACH RESIDENTIAL
PROPERTY  DISCLOSURE  STATEMENT IT RECEIVES FROM A COUNTY CLERK PURSUANT
TO SUBDIVISION TWO OF SECTION TWO HUNDRED NINETY-ONE OF THE REAL PROPER-
TY LAW. THE INFORMATION IN SUCH DATABASE SHALL BE MADE AVAILABLE TO  THE
PUBLIC  IN WRITTEN FORM, UPON REQUEST, AND ON THE INTERNET WEBSITE MAIN-
TAINED BY THE DEPARTMENT.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law; provided that, effec-
tive immediately, any rules and regulations necessary to  implement  the
provisions of this act on its effective date are authorized and directed
to be completed on or before such date.