S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    360
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
   tee on Judiciary
 
 AN  ACT  to  amend  the real property law, in relation to requiring that
   certain sellers of real property provide a certificate of occupancy to
   the purchaser of the real property

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  real property law is amended by adding a new section
 259 to read as follows:
   § 259. CERTIFICATES OF OCCUPANCY; REQUIRED DISCLOSURE TO PURCHASER. 1.
 PRIOR TO EXECUTING A DEED  OF  SALE  WITH  A  PURCHASER  OR  PROSPECTIVE
 PURCHASER OF REAL PROPERTY, THE OWNER OF THE REAL PROPERTY SHALL PROVIDE
 THE PURCHASER OR PROSPECTIVE PURCHASER, OR THE AGENT OF THE PURCHASER OR
 PROSPECTIVE PURCHASER, WITH A COPY OF A CERTIFICATE OF OCCUPANCY FOR THE
 REAL  PROPERTY THAT IS THE SUBJECT OF THE DEED OF SALE. SUCH CERTIFICATE
 SHALL HAVE BEEN ISSUED WITHIN THIRTY DAYS OF THE  DATE  OF  TRANSFER  OF
 OWNERSHIP ON THE PROPERTY.
   2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO TRANSFERS OF REAL
 PROPERTY:
   (A) TO A RELATIVE OF THE OWNER;
   (B)  MADE  PURSUANT  TO  A  COURT  ORDER, INCLUDING BUT NOT LIMITED TO
 TRANSFERS BY A REFEREE IN A FORECLOSURE ACTION, TO A PARTY IN A  DIVORCE
 PROCEEDING  OR BY A BANKRUPTCY TRUSTEE IN A BANKRUPTCY OR REORGANIZATION
 PROCEEDING;
   (C) BY A MUNICIPALITY;
   (D) BY AN EXECUTOR OR ADMINISTRATOR OF AN ESTATE;
   (E) BY A BENEFICIARY OF AN ESTATE PROVIDED SUCH TRANSFER IS MADE WITH-
 IN SIXTY DAYS OF THE DATE ON WHICH THE BENEFICIARY ACQUIRED TITLE TO THE
 PROPERTY;
   (F) BY A DEED IN LIEU OF FORECLOSURE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05268-01-1

 A. 360                              2
 
   (G) DUE TO THE OPERATION OF LAW PURSUANT TO A DEED, INCLUDING BUT  NOT
 LIMITED TO A TAX DEED; OR
   (H) OF REAL PROPERTY THAT DOES NOT HAVE A DWELLING LOCATED THEREON.
   3.  ANY  AGREEMENT  BY  A  PURCHASER OF PREMISES FOR DWELLING PURPOSES
 WAIVING OR MODIFYING HIS OR HER RIGHTS AS  SET  FORTH  IN  THIS  SECTION
 SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.