[ ] is old law to be omitted.
LBD06488-02-1
S. 2142--A 2
ing having the highest risk of lead poisoning. Knowledge of lead-based
paint hazards, their control, mitigation, abatement, and risk avoidance
is not sufficiently widespread. In addition, while federal law requires
the disclosure by sellers of real property of knowledge of the existence
of lead-based paint and lead-based paint hazards, and encourages poten-
tial buyers to conduct inspections for lead-based paint, these mech-
anisms neither mandate that such inspections take place either by sell-
ers or buyers. This gap in disclosure requirements results in
residential property being transferred without any knowledge of the
potential for such property to cause lead poisoning and the attendant
liabilities.
Local county health departments lack sufficient information as to
which housing contains lead-based paint and the locations of such lead-
based paint, resulting in less cost-effective prevention of lead poison-
ing, avoidable harm to children's health, and wasted public resources.
The purposes of this act are to assure that properties that have not
been previously tested for lead-based paint are not simply transferred
to new owners without knowledge of whether there is lead-based paint
present, and to better utilize the existing federal laws that mandate
disclosure of lead-based paint and lead-based paint hazards and to aid
in the prevention of lead poisoning. This act is not intended to and
does not diminish the responsibility of buyers to carefully examine the
property which they intend to purchase and public records pertaining to
the property. This act is not intended to and does not limit existing
responsibilities by a seller, buyer or agent concerning the condition of
the property or potential liabilities or remedies at law, statute or in
equity.
This act will significantly improve the transfer process and better
serve the interests of all parties to a home purchase. It will increase
clarity regarding the nature of the property and will provide greater
certainty to contracts entered into by better informed buyers and sell-
ers. As well, it will provide incentive to owners to voluntarily test
their property prior to sale.
§ 2. The real property law is amended by adding a new article 16 to
read as follows:
ARTICLE 16
LEAD-BASED PAINT DISCLOSURE ACT
SECTION 520. SHORT TITLE.
521. DEFINITIONS.
522. INSPECTION OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED
PAINT PRIOR TO TRANSFER OF TITLE.
523. DUTY OF AGENT.
524. LIABILITY.
§ 520. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "LEAD-BASED PAINT DISCLOSURE ACT".
§ 521. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AGENT" SHALL MEAN A PERSON WHO IS LICENSED AS A REAL ESTATE BROKER
OR A REAL ESTATE SALESPERSON PURSUANT TO SECTION FOUR HUNDRED FORTY-A OF
THIS CHAPTER AND ACTING IN A FIDUCIARY CAPACITY.
2. "BINDING CONTRACT OF SALE" SHALL MEAN A REAL ESTATE PURCHASE
CONTRACT OR OFFER THAT WOULD, UPON SIGNING BY THE SELLER AND SUBJECT TO
SATISFACTION OF ANY CONTINGENCIES, REQUIRE THE BUYER TO ACCEPT A TRANS-
FER OF TITLE.
3. "BROKER" SHALL HAVE THE SAME MEANING AS "REAL ESTATE BROKER"
DEFINED BY SECTION FOUR HUNDRED FORTY OF THIS CHAPTER.
S. 2142--A 3
4. "BUYER" SHALL MEAN ANY ENTITY THAT ENTERS INTO A REAL ESTATE
PURCHASE CONTRACT, INCLUDING BUT NOT LIMITED TO INDIVIDUALS, PARTNER-
SHIPS, CORPORATIONS, TRUSTS, GOVERNMENT AGENCIES, HOUSING AGENCIES,
INDIAN TRIBES, AND NONPROFIT ORGANIZATIONS.
5. "LEAD-BASED PAINT" SHALL MEAN PAINT OR OTHER SIMILAR SURFACE COAT-
ING MATERIAL CONTAINING 1.0 MILLIGRAMS OF LEAD PER SQUARE CENTIMETER OR
GREATER, AS DETERMINED BY LABORATORY ANALYSIS OF PAINT SAMPLES WITH ALL
LAYERS OF PAINT PRESENT, OR BY AN X-RAY FLUORESCENCE ANALYZER. IF AN
X-RAY FLUORESCENCE ANALYZER IS USED, READINGS SHALL BE CORRECTED FOR
SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE PERFORMANCE CHARACTER-
ISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE SPECIFIC X-RAY FLUORESCENCE ANALYZER USED. X-RAY FLUORESCENCE
READINGS SHALL BE CLASSIFIED AS POSITIVE, NEGATIVE OR INCONCLUSIVE IN
ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT GUIDELINES FOR THE EVALUATION AND CONTROL OF LEAD-BASED PAINT
HAZARDS IN HOUSING (JULY 2012) OR SUCCESSOR GUIDELINES, AND THE PERFORM-
ANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR THE SPECIFIC X-RAY FLUORESCENCE ANALYZER USED. X-RAY
FLUORESCENCE READINGS THAT FALL WITHIN THE INCONCLUSIVE ZONE, AS DETER-
MINED BY THE PERFORMANCE CHARACTERISTIC SHEETS, SHALL BE CONFIRMED BY
LABORATORY ANALYSIS OF PAINT CHIPS, RESULTS SHALL BE REPORTED IN MILLI-
GRAMS OF LEAD PER SQUARE CENTIMETER AND THE MEASURE OF SUCH LABORATORY
ANALYSIS SHALL BE DEFINITIVE. IF LABORATORY ANALYSIS IS USED TO DETER-
MINE LEAD CONTENT, RESULTS SHALL BE REPORTED IN MILLIGRAMS OF LEAD PER
SQUARE CENTIMETER. WHERE THE SURFACE AREA OF A PAINT CHIP SAMPLE CANNOT
BE ACCURATELY MEASURED OR IF AN ACCURATELY MEASURED PAINT CHIP SAMPLE
CANNOT BE REMOVED, A LABORATORY ANALYSIS MAY BE REPORTED IN PERCENT BY
WEIGHT. IN SUCH CASE, LEAD-BASED PAINT SHALL MEAN ANY PAINT OR OTHER
SIMILAR SURFACE-COATING MATERIAL CONTAINING MORE THAN 0.009 PERCENT OF
METALLIC LEAD, BASED ON THE NON-VOLATILE CONTENT OF THE PAINT OR OTHER
SIMILAR SURFACE-COATING MATERIAL. IN THE EVENT THAT THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY OR A SUCCESSOR AGENCY, OR THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR A SUCCESSOR AGEN-
CY, OR A DEPARTMENT OR AGENCY OF THE STATE OF NEW YORK THAT HAS OBTAINED
APPLICABLE AUTHORIZATION PURSUANT TO 40 C.F.R. PART 745 SUBPART Q OR
SUCCESSOR REGULATION, ADOPTS MORE STRINGENT DEFINITIONS OF LEAD-BASED
PAINT, SUCH MORE STRINGENT DEFINITIONS SHALL APPLY FOR THE PURPOSES OF
THIS ARTICLE.
6. "REAL ESTATE PURCHASE CONTRACT" SHALL MEAN ANY OF THE FOLLOWING:
(A) A CONTRACT WHICH PROVIDES FOR THE PURCHASE AND SALE OR EXCHANGE OF
RESIDENTIAL REAL PROPERTY;
(B) A LEASE WITH AN OPTION TO PURCHASE RESIDENTIAL REAL PROPERTY;
(C) A LEASE-WITH-OBLIGATION-TO-PURCHASE AGREEMENT FOR RESIDENTIAL REAL
PROPERTY; OR
(D) AN INSTALLMENT LAND SALE CONTRACT FOR RESIDENTIAL REAL PROPERTY.
7. "RESIDENTIAL REAL PROPERTY" SHALL MEAN REAL PROPERTY IMPROVED BY A
RESIDENTIAL DWELLING ERECTED PRIOR TO THE YEAR NINETEEN HUNDRED SEVEN-
TY-EIGHT.
8. "RESIDENTIAL DWELLING" SHALL MEAN A SINGLE-FAMILY DWELLING, INCLUD-
ING ATTACHED STRUCTURES SUCH AS PORCHES AND STOOPS, OR A SINGLE-FAMILY
DWELLING UNIT WITHIN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE
RESIDENTIAL DWELLING UNIT, USED OR OCCUPIED, OR DESIGNED TO BE USED OR
OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE
PERSONS WHETHER OR NOT IT WAS OR WILL BE OCCUPIED.
S. 2142--A 4
9. "SELLER" SHALL MEAN ANY ENTITY THAT INTENDS TO ENGAGE IN THE TRANS-
FER OF TITLE TO A BUYER OF RESIDENTIAL REAL PROPERTY, IN WHOLE OR IN
PART, INCLUDING BUT NOT LIMITED TO INDIVIDUALS, PARTNERSHIPS, CORPO-
RATIONS, TRUSTS, GOVERNMENT AGENCIES, HOUSING AGENCIES, INDIAN TRIBES,
MORTGAGE BANKER, LENDER, AND NONPROFIT ORGANIZATIONS. THE TERM "SELLER"
ALSO SHALL MEAN AN ENTITY THAT TRANSFERS SHARES IN A COOPERATIVELY OWNED
PROJECT.
10. "TEST FOR LEAD-BASED PAINT" SHALL MEAN A TEST FOR THE PRESENCE OF
LEAD-BASED PAINT THAT HAS BEEN CONDUCTED THROUGH BOTH A LEAD HAZARD RISK
ASSESSMENT AND A LEAD-BASED PAINT INSPECTION AS DEFINED IN 40 C.F.R.
745.103, 24 C.F.R. 35.86, AND THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT GUIDELINES FOR THE EVALUATION AND CONTROL OF LEAD-
BASED PAINT HAZARDS IN HOUSING (JULY 2012), OR SUCCESSOR REGULATIONS AND
GUIDELINES, AND A REPORT PREPARED INDICATING THE RESULTS OF SUCH TEST,
INCLUDING THE LOCATIONS WHERE TESTS WERE PERFORMED FOR LEAD-BASED PAINT
AND LEAD-BASED PAINT HAZARDS AND THE READINGS OF ALL SUCH TESTS. SUCH
TEST SHALL NOT BE VALID UNLESS PERFORMED BY A PERSON ACCREDITED PURSUANT
TO: (A) CERTIFICATION TO CONDUCT LEAD HAZARD RISK ASSESSMENT AND
INSPECTIONS BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSU-
ANT TO 40 C.F.R. 745.226(B) OR SUCCESSOR REGULATION; OR (B) CERTIF-
ICATION BY A STATE OR TRIBAL PROGRAM AUTHORIZED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY TO CERTIFY INDIVIDUALS ENGAGED IN LEAD-
BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR SUCCESSOR REGU-
LATION OR ELIGIBLE TO CONDUCT THE INSPECTIONS REQUIRED BY THIS ARTICLE.
FOR MULTIFAMILY HOUSING, THE TEST MUST BE CONDUCTED IN ACCORDANCE WITH
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GUIDELINES
FOR THE EVALUATION AND CONTROL OF LEAD-BASED PAINT HAZARDS IN HOUSING
(JULY 2012), OR SUCCESSOR GUIDELINES.
11. "TRANSFER OF TITLE" SHALL MEAN DELIVERY OF A PROPERLY EXECUTED
INSTRUMENT CONVEYING TITLE TO RESIDENTIAL REAL PROPERTY AND SHALL
INCLUDE DELIVERY OF A REAL ESTATE PURCHASE CONTRACT THAT IS A LEASE OR
INSTALLMENT LAND SALE CONTRACT.
§ 522. INSPECTION OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED PAINT
PRIOR TO TRANSFER OF TITLE. 1. (A) EFFECTIVE AUGUST FIRST, TWO THOUSAND
TWENTY-TWO, EVERY SELLER OF RESIDENTIAL REAL PROPERTY PURSUANT TO A REAL
ESTATE PURCHASE CONTRACT SHALL DELIVER TO A BUYER OR BUYER'S AGENT PRIOR
TO THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE A CERTIFICATE
THAT SUCH PROPERTY HAS BEEN TESTED FOR LEAD-BASED PAINT, AND PROVIDE THE
REPORT OF SUCH TEST. A COPY OF THE CERTIFICATE CONTAINING THE SIGNATURE
OF THE SELLER AND ANY REPORT OF A TEST FOR LEAD-BASED PAINT SHALL BE
ATTACHED TO THE REAL ESTATE PURCHASE CONTRACT. A COPY OF SUCH CERTIF-
ICATE AND REPORT OF SUCH TEST AND ANY SUBSEQUENT REPORTS OF SUCH TESTS
SHALL BE FILED WITH THE STATE DEPARTMENT OF HEALTH IN THE DEPARTMENT OF
HEALTH IN THE COUNTY WHERE SUCH RESIDENTIAL REAL PROPERTY IS LOCATED,
AND SUCH CERTIFICATE SHALL AS WELL BE FILED WITH THE OFFICE AUTHORIZED
UNDER SECTION THREE HUNDRED SEVENTY-TWO OF THIS CHAPTER TO BE REGISTRAR
OF TITLE IN THE COUNTY WHERE SUCH REAL PROPERTY IS LOCATED, AND SUCH
OFFICE SHALL NOT ACCEPT FOR FILING AN INSTRUMENT OF TRANSFER OF TITLE
UNLESS ACCOMPANIED BY SUCH CERTIFICATE WHERE APPLICABLE.
(B) THE PRESENTATION OF A CERTIFICATE OF SUCH TEST BY A PRIOR OWNER OF
SAID PROPERTY AND EVIDENCE OF FILING SUCH CERTIFICATE AND REPORT WITH
THE DEPARTMENT OF HEALTH IN THE COUNTY WHERE SUCH RESIDENTIAL REAL PROP-
ERTY IS LOCATED, SHALL BE DEEMED TO BE IN COMPLIANCE WITH THE PROVISIONS
OF THIS SUBDIVISION.
(C) IN THE EVENT THE SELLER HAS NOT RECEIVED FROM A PRIOR OWNER A
CERTIFICATION AND REPORT OF SUCH TESTS AS SET FORTH IN THIS SUBDIVISION,
S. 2142--A 5
THE COSTS OF TESTING FOR LEAD-BASED PAINT AND THE PREPARATION OF A
CERTIFICATE AND REPORT THEREOF AS PROVIDED IN THIS SUBDIVISION SHALL BE
DEDUCTIBLE BY THE TRANSFEROR OR GRANTOR, UP TO THE AMOUNT OF FIVE
HUNDRED DOLLARS, OR IN A BUILDING WITH MORE THAN ONE DWELLING UNIT UP TO
FOUR HUNDRED DOLLARS PER DWELLING UNIT TESTED, FROM THE TAXES IMPOSED BY
SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN HUNDRED TWO-A OF THE TAX LAW.
THE TRANSFEROR OR GRANTOR SHALL NOT BE REIMBURSED FOR COSTS IN EXCESS OF
THE TOTAL TAXES IMPOSED BY SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN
HUNDRED TWO-A OF THE TAX LAW.
2. ANY PROVISION IN A REAL ESTATE PURCHASE CONTRACT OR ANY OTHER DOCU-
MENT RELATED TO THE TRANSFER OF TITLE IN RESIDENTIAL REAL PROPERTY THAT
PURPORTS TO WAIVE ANY RIGHT CREATED UNDER STATE OR FEDERAL LAW FOR THE
BUYER TO CONDUCT A RISK ASSESSMENT OR INSPECTION OF THE PROPERTY TO
DETERMINE THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT
HAZARDS, OR ANY ORAL AGREEMENT THAT PURPORTS TO WAIVE SUCH RIGHT, IS
NULL AND VOID AS AGAINST PUBLIC POLICY, NOTWITHSTANDING THAT SUCH WAIV-
ERS MIGHT OTHERWISE BE PERMITTED BY FEDERAL LAW.
3. A CERTIFICATE THAT SUCH PROPERTY HAS BEEN TESTED FOR LEAD-BASED
PAINT SHALL NOT BE REQUIRED IN CONNECTION WITH ANY OF THE FOLLOWING
TRANSFERS OF RESIDENTIAL REAL PROPERTY:
(A) A TRANSFER TO A BENEFICIARY OF A DEED OF TRUST;
(B) A TRANSFER BY A FIDUCIARY IN THE COURSE OF THE ADMINISTRATION OF A
DECEDENT'S ESTATE, A GUARDIANSHIP, A CONSERVATORSHIP, OR A TRUST;
(C) A TRANSFER FROM ONE CO-OWNER TO ONE OR MORE OTHER CO-OWNERS;
(D) A TRANSFER MADE TO THE TRANSFEROR'S SPOUSE OR TO ONE OR MORE
PERSONS IN THE LINEAL CONSANGUINITY OF ONE OR MORE OF THE TRANSFERORS;
(E) A TRANSFER BETWEEN SPOUSES OR FORMER SPOUSES AS A RESULT OF A
DECREE OF DIVORCE, DISSOLUTION OF MARRIAGE, ANNULMENT, OR LEGAL SEPA-
RATION OR AS A RESULT OF PROPERTY SETTLEMENT, AGREEMENT INCIDENTAL TO A
DECREE OF DIVORCE, DISSOLUTION OF MARRIAGE, ANNULMENT OR LEGAL SEPA-
RATION;
(F) A TRANSFER TO OR FROM THE STATE, A POLITICAL SUBDIVISION OF THE
STATE, OR ANOTHER GOVERNMENTAL ENTITY;
(G) A TRANSFER BY A SHERIFF;
(H) A TRANSFER PURSUANT TO A PARTITION ACTION; OR
(I) A TRANSFER OF AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY
THAT IS TO BE DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL
REMAIN UNOCCUPIED UNTIL DEMOLITION AND LEAD-SAFE WORK PRACTICES ENUMER-
ATED IN 40 C.F.R. 745 AND SUCCESSOR REGULATIONS, OR MORE PROTECTIVE
STATE LAW ARE FOLLOWED DURING THE DEMOLITION.
4. NOTHING CONTAINED IN THIS ARTICLE 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".
§ 523. DUTY OF AGENT. AN AGENT REPRESENTING A SELLER OF RESIDENTIAL
REAL PROPERTY AS A LISTING BROKER, OR, IF THE SELLER IS NOT REPRESENTED
BY AN AGENT, THE AGENT REPRESENTING THE BUYER OF RESIDENTIAL REAL PROP-
ERTY AND DEALING WITH A PROSPECTIVE SELLER, SHALL HAVE THE DUTY TO TIME-
LY (IN ANY EVENT, BEFORE THE BUYER SIGNS A BINDING CONTRACT OF SALE)
INFORM EACH SELLER OF THE SELLER'S OBLIGATIONS UNDER THIS ARTICLE. AN
AGENT REPRESENTING A BUYER OF RESIDENTIAL REAL PROPERTY, OR, IF THE
BUYER IS NOT REPRESENTED BY AN AGENT, THE AGENT REPRESENTING A SELLER OF
RESIDENTIAL REAL PROPERTY AND DEALING WITH A PROSPECTIVE BUYER, SHALL
HAVE THE DUTY TO TIMELY (IN ANY EVENT, BEFORE THE BUYER SIGNS A BINDING
CONTRACT OF SALE) INFORM SUCH BUYER OF THE BUYER'S RIGHTS AND OBLI-
S. 2142--A 6
GATIONS UNDER THIS ARTICLE. IF AN AGENT PERFORMS THE DUTIES AND OBLI-
GATIONS IMPOSED UPON HIM OR HER PURSUANT TO THIS SECTION, THE AGENT
SHALL HAVE NO FURTHER DUTIES UNDER THIS ARTICLE AND SHALL NOT BE LIABLE
TO ANY PARTY FOR A VIOLATION OF THIS ARTICLE. THE DEPARTMENT OF STATE
MAY, PURSUANT TO SECTION FOUR HUNDRED FORTY-ONE-C OF THIS CHAPTER,
REVOKE OR SUSPEND THE LICENSE OF AN AGENT WHO VIOLATES THIS ARTICLE.
§ 524. LIABILITY. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED
AS LIMITING ANY EXISTING LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN
STATUTE OR IN EQUITY.
§ 3. The real property law is amended by adding a new section 235-aa
to read as follows:
§ 235-AA. DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS.
1. PRIOR TO EXECUTING A RESIDENTIAL LEASE OR RENTAL AGREEMENT WITH A
TENANT, THE OWNER OF REAL PROPERTY SHALL PROVIDE THE TENANT A COPY OF
ALL REPORTS OF A TEST FOR LEAD-BASED PAINT ISSUED OR PREPARED PURSUANT
TO SECTION FIVE HUNDRED TWENTY-TWO OF THIS CHAPTER, AND ANY OTHER
REPORT, WITHIN THE POSSESSION OR CONTROL OF THE OWNER, PERTAINING TO
LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS WITHIN THE MEANING OF
SECTION 4852D OF TITLE 42 OF THE UNITED STATES CODE AND THE REGULATIONS
THEREUNDER. OWNERS WHO DELIVER A DISCLOSURE FORM WITH ALL REQUIRED DOCU-
MENTS UNDER THE PROVISIONS OF SECTION 4852D OF TITLE 42 OF THE UNITED
STATES CODE AND THE REGULATIONS THEREUNDER SHALL BE DEEMED TO HAVE
COMPLIED WITH THE REQUIREMENTS OF THIS SUBDIVISION.
2. ANY AGREEMENT BY A LESSEE OR TENANT 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.
3. AN OWNER WHO VIOLATES THIS SECTION SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS, AND IN ADDITION, A PENALTY
TO THE TENANT NOT TO EXCEED THE EQUIVALENT OF THE AMOUNT OF RENTAL
PAYMENTS FOR THREE MONTHS PLUS ANY ATTORNEY'S FEES. THE POWERS AND
REMEDIES SET FORTH IN THIS SECTION SHALL BE IN ADDITION TO ALL OTHER
EXISTING LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN STATUTE OR IN EQUI-
TY.
§ 4. Subdivision 2 of section 462 of the real property law, as added
by chapter 456 of the laws of 2001, is amended to read as follows:
2. The following shall be the disclosure form:
PROPERTY CONDITION DISCLOSURE STATEMENT
NAME OF SELLER OR SELLERS:
PROPERTY ADDRESS:
THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT 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.
PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
S. 2142--A 7
TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY
PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS
AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
"RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT
OWNED IN FEE SIMPLE BY THE SELLER.
INSTRUCTIONS TO THE SELLER:
(a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
(b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
REQUIRED.
(c) COMPLETE THIS FORM YOURSELF.
(d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
GENERAL INFORMATION
1. HOW LONG HAVE YOU OWNED THE PROPERTY?
2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW
YORK REAL PROPERTY LAW REQUIRES THE SELLER TO PRODUCE THE RESULTS
OF A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT SUCH
A TEST IF NOT PREVIOUSLY PERFORMED.
4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY
OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO
UNKN NA (IF YES, EXPLAIN BELOW)
6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF
YES, EXPLAIN BELOW)
7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH
ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES
NO UNKN NA (IF NO, EXPLAIN BELOW)
ENVIRONMENTAL
S. 2142--A 8
NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT
COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON-
MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED OR STORED. THESE
INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI-
CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA-
TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING
MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING
SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD CLEANERS AND POOL
CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.
NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM
PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. IF
LEAD IN DRINKING WATER IS A CONCERN TO YOU, YOU ARE URGED TO HAVE THE
PLUMBING EXAMINED, INCLUDING THE SERVICE LINE.
10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
YES NO UNKN NA (IF YES, EXPLAIN BELOW)
11. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
YES NO UNKN NA (IF YES, EXPLAIN BELOW)
12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO
UNKN NA (IF YES, EXPLAIN BELOW)
13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA
(IF YES, EXPLAIN BELOW)
14. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR
BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE
THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
LOCATION OR LOCATIONS BELOW)
16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
OR LOCATIONS BELOW)
17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
OF THE REPORT)
18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR
TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO
UNKN NA (IF YES, DESCRIBE BELOW)
19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO
UNKN NA (IF YES, ATTACH REPORT(S))
STRUCTURAL
20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
YES NO UNKN NA (IF YES, EXPLAIN BELOW)
21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
YES NO UNKN NA (IF YES, EXPLAIN BELOW)
22. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR
DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
S. 2142--A 9
23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH
REPORT(S))
24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF
YES, EXPLAIN BELOW)
25. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING
STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)
MECHANICAL SYSTEMS & SERVICES
26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
(IF YES, DESCRIBE BELOW)
28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC
SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL,
AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING?
________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES,
EXPLAIN BELOW)
29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________
PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES
NO UNKN NA (IF YES, EXPLAIN BELOW)
30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
(IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
NO UNKN NA (IF YES, EXPLAIN BELOW)
ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
32. PLUMBING SYSTEM? YES NO UNKN NA
33. SECURITY SYSTEM? YES NO UNKN NA
34. CARBON MONOXIDE DETECTOR? YES NO UNKN NA
35. SMOKE DETECTOR? YES NO UNKN NA
36. FIRE SPRINKLER SYSTEM? YES NO UNKN NA
37. SUMP PUMP? YES NO UNKN NA
38. FOUNDATION/SLAB? YES NO UNKN NA
39. INTERIOR WALLS/CEILINGS? YES NO UNKN NA
40. EXTERIOR WALLS OR SIDING? YES NO UNKN NA
41. FLOORS? YES NO UNKN NA
42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
43. PATIO/DECK? YES NO UNKN NA
44. DRIVEWAY? YES NO UNKN NA
45. AIR CONDITIONER? YES NO UNKN NA
46. HEATING SYSTEM? YES NO UNKN NA
47. HOT WATER HEATER? YES NO UNKN NA
48. THE PROPERTY IS LOCATED IN THE
FOLLOWING SCHOOL DISTRICT UNKN
NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP-
ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
S. 2142--A 10
THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
TIONAL PAGES ATTACHED.
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE
SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A
SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION
DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
SELLER _______________________________________ DATE ________________
SELLER _______________________________________ DATE ________________
BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
BUYER _______________________________________ DATE ________________
BUYER _______________________________________ DATE ________________
§ 5. This act shall take effect August 1, 2022. Effective immediate-
ly, the addition, amendment, and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
