S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3311
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
   COOK, RIVERA -- 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.
   §  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05072-01-9

 A. 3311                             2
 
 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".
   § 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.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law. Effective  immediately
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such date.