S T A T E   O F   N E W   Y O R K
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                                  1583

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. MAISEL -- 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

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

                                                           LBD04353-02-3

A. 1583                             2

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
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.