S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4820
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  RIVERA,  BENEDETTO,  BRONSON, CLARK, COLTON,
   CONRAD, DE LOS SANTOS, DINOWITZ, GLICK, GONZALEZ-ROJAS, HEVESI,  JACK-
   SON,  JACOBSON,  LUNSFORD,  McDONOUGH,  MEEKS,  PEOPLES-STOKES, REYES,
   L. ROSENTHAL, SEAWRIGHT,  SEPTIMO,  SILLITTI,  SIMON,  STECK,  TAYLOR,
   THIELE -- read once and referred to the Committee on Judiciary

 AN  ACT  to  amend  the  real property law, in relation to requiring the
   disclosure of lead-based paint test  reports  in  real  estate  trans-
   actions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings.  The  legislature  hereby  finds  and
 declares  that  lead  poisoning  of children persists as one of the most
 prevalent and preventable environmental  diseases  in  New  York  State.
 Nearly  100,000  children  were  newly identified with levels of lead in
 their blood at five micrograms per deciliter (mcg/dL) in New York  state
 between  2011  and  2015.   Medical research indicates that children can
 suffer permanent brain damage at blood levels even lower  than  5mcg/dL,
 and  that  there  is  no level of lead ingestion that is without adverse
 impact.  The predominant cause of lead poisoning in  young  children  is
 the ingestion of lead particles from deteriorating or abraded lead-based
 paint  from  older  and poorly maintained residences.  Although New York
 state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74%
 of New York's housing stock was constructed prior to 1970 and lead-based
 paint was available outside of the state until 1978. New York state  has
 both  the  nation's  greatest number (over 4 million units), the highest
 percentage (55.08%) of pre-1960 and pre-1950 (41.0%)  housing,  and  the
 oldest housing inventory among the fifty states. At least ninety percent
 of  lead-based paint still exists in occupied housing built before 1960.
 New York state's older housing stock places residents at great  risk  of
 exposure to lead hazards, with low-income children living in older hous-
 ing  having  the highest risk of lead poisoning. Knowledge of lead-based
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02406-01-3
              

 A. 4820                             2
 
 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.
 A. 4820                             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.
 A. 4820                             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-FOUR, 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 CERTIFICATE 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,
 A. 4820                             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-
 A. 4820                             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 amended
 by chapter 690 of the laws of 2022, 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
 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
 A. 4820                             7
 
 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
      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
   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
 A. 4820                             8
 
 INCLUDE,  BUT  ARE  NOT  LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
 FUEL, AND LUBRICANTS. HAZARDOUS OR  TOXIC  SUBSTANCES  ARE  PRODUCTS  OR
 OTHER  MATERIAL  THAT  COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
 HEALTH  OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
 OR STORED.  THESE INCLUDE, BUT ARE NOT LIMITED TO,  FERTILIZERS,  PESTI-
 CIDES  AND  INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
 AND WOOD PRESERVATIVES, TREATED WOOD,  CONSTRUCTION  MATERIALS  SUCH  AS
 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
 BATTERIES,  CLEANING  SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
 CLEANERS, POOL CHEMICALS,  PRODUCTS  CONTAINING  MERCURY  AND  LEAD  AND
 INDOOR MOLD.
 
   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))
   19-a.    HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF
       YES, ATTACH A COPY OF THE REPORT)
 
 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)
 A. 4820                             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
      PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
   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.
   ______________________________________________________________
   ______________________________________________________________
 A. 4820                            10
 
   ______________________________________________________________
   ______________________________________________________________
   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, 2024; provided, however,
 that if chapter 690 of the laws of 2022 shall not have taken  effect  on
 or  before  such date then section four of this act shall take effect on
 the same date and in the same manner as such  chapter  of  the  laws  of
 2022,  takes  effect.  Effective  immediately,  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4820--A
                                                         Cal. No. 135
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  RIVERA,  BENEDETTO,  BRONSON, CLARK, COLTON,
   CONRAD, DE LOS SANTOS, DINOWITZ, GLICK, GONZALEZ-ROJAS, HEVESI,  JACK-
   SON,  JACOBSON,  LUNSFORD,  McDONOUGH,  MEEKS,  PEOPLES-STOKES, REYES,
   L. ROSENTHAL, SEAWRIGHT,  SEPTIMO,  SILLITTI,  SIMON,  STECK,  TAYLOR,
   THIELE,  STIRPE, STERN, ARDILA, WALKER, KELLES, BURDICK, SANTABARBARA,
   SHIMSKY, CUNNINGHAM -- read once and  referred  to  the  Committee  on
   Judiciary   --  ordered  to  a  third  reading,  amended  and  ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the real property law,  in  relation  to  requiring  the
   disclosure  of  lead-based  paint  test  reports in real estate trans-
   actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative findings. a.  The legislature hereby finds and
 declares that lead poisoning of children persists as  one  of  the  most
 prevalent  and  preventable  environmental  diseases  in New York state.
 Nearly 100,000 children were newly identified with  levels  of  lead  in
 their  blood at five micrograms per deciliter (mcg/dL) in New York state
 between 2011 and 2015.
   b. Medical research indicates that children can suffer permanent brain
 damage at blood levels even lower than 5 mcg/dL, and that  there  is  no
 level  of lead ingestion that is without adverse impact; indeed, in 2021
 the federal Centers for Disease Control and Prevention revised the blood
 lead reference level downward to 3.5 mcg/dL.
   c. Black children and children from low-income households are consist-
 ently found to have higher levels of lead  in  their  blood  than  their
 white peers or their peers from higher income households.
   d.  The  predominant  cause of lead poisoning in young children is the
 ingestion of lead particles from  deteriorating  or  abraded  lead-based
 paint  from  older  and poorly maintained residences.  Although New York
 state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74%
 of New York's housing stock was constructed prior to 1970 and lead-based
 paint was available outside of the state until 1978. New York state  has
 both  the  nation's  greatest number (over 4 million units), the highest
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02406-05-4
 A. 4820--A                          2
 
 percentage (55.08%) of pre-1960 and pre-1950 (41.0%)  housing,  and  the
 oldest housing inventory among the fifty states. At least ninety percent
 of  lead-based paint still exists in occupied housing built before 1960.
 New  York  state's older housing stock places residents at great risk of
 exposure to lead hazards, with low-income children living in older hous-
 ing having the highest risk of lead poisoning.
   e. Knowledge of lead-based paint hazards, their  control,  mitigation,
 abatement,  and  risk avoidance is not sufficiently widespread. In addi-
 tion, while federal law requires the disclosure by sellers of real prop-
 erty of knowledge of the existence of lead-based  paint  and  lead-based
 paint  hazards,  and  encourages potential buyers to conduct inspections
 for  lead-based  paint,  these  mechanisms  neither  mandate  that  such
 inspections  take place either by sellers or buyers. This gap in disclo-
 sure requirements results  in  residential  property  being  transferred
 without  any  knowledge of the potential for such property to cause lead
 poisoning and the attendant liabilities.
   f. 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.
   g. The purposes of this act are to assure that  properties  that  have
 not  been  previously  tested for lead-based paint are not simply trans-
 ferred 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.
   h. This act will complement existing state  and  local  laws  on  lead
 poisoning  prevention. Section 1377 of the public health law, enacted in
 2023, requires the department of health to develop  a  registry  of  all
 rental  residential  dwellings  with two or more units built before 1980
 within communities of concern outside the city of New York,  which  will
 also require such dwellings be inspected for lead hazards at least every
 three  years.  This act will ensure equity of information for purchasers
 of all residential property built prior to 1978 regardless  of  location
 or  number  of units by ensuring that they receive information about the
 presence of lead-based paint in dwellings they purchase.
   i. This act will require inspection  reports  that  are  developed  to
 comply  with this act to be included on the registry of lead inspections
 that the department of health is creating pursuant to  section  1377  of
 the  public  health  law so that future renters and purchasers can learn
 about lead-based paint in homes they are considering renting or purchas-
 ing.
   j. New York city has already added a requirement, subdivision  a-1  of
 section  27-2056.4  of  the administrative code of the city of New York,
 A. 4820--A                          3
 
 that all rental residential properties be tested one time for lead-based
 paint by August 2025. This act will establish additional protections for
 purchasers of non-rental residential properties, ensuring  equity  among
 property purchasers across the state.
   §  2.  The  real property law is amended by adding a new article 16 to
 read as follows:
                                ARTICLE 16
                    LEAD-BASED PAINT RIGHT TO KNOW 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 RIGHT TO KNOW 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.
   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 .50 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, THE MEASURE OF SUCH LABORATORY ANAL-
 YSIS SHALL BE DEFINITIVE.  WHERE A LABORATORY ANALYSIS OF PAINT CHIPS IS
 PERFORMED  (INCLUDING BECAUSE AN X-RAY FLUORESCENCE READING IS INCONCLU-
 SIVE), THE RESULTS SHALL 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  (OR  90  PARTS  PER
 MILLION)  OF  METALLIC  LEAD,  BASED  ON THE NON-VOLATILE CONTENT OF THE
 A. 4820--A                          4
 
 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  AGENCY,  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.
   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.
 A. 4820--A                          5
 
   §  522.  INSPECTION  OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED PAINT
 PRIOR TO TRANSFER OF TITLE. 1. (A) EFFECTIVE AUGUST FIRST, TWO  THOUSAND
 TWENTY-FOUR,  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.  THE SELLER SHALL ATTACH A COPY OF  THE
 CERTIFICATE  CONTAINING  THE SIGNATURE OF THE SELLER AND ANY REPORT OF A
 TEST FOR LEAD-BASED PAINT TO THE REAL ESTATE  PURCHASE  CONTRACT.    THE
 SELLER  SHALL  SUBMIT A COPY OF SUCH CERTIFICATE AND REPORT OF SUCH TEST
 AND ANY SUBSEQUENT REPORTS OF SUCH TESTS TO 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.  THE SELLER SHALL ALSO
 FILE  SUCH  CERTIFICATE  AND REPORT WITH THE REGISTRY ESTABLISHED BY THE
 DEPARTMENT OF HEALTH PURSUANT TO SUBDIVISION  ONE  OF  SECTION  THIRTEEN
 HUNDRED  SEVENTY-SEVEN  OF  THE  PUBLIC  HEALTH LAW. THE RENTAL REGISTRY
 SHALL BE PUBLICLY ACCESSIBLE ONLINE, TRANSLATED CONSISTENT WITH  SECTION
 TWO HUNDRED TWO-A OF THE EXECUTIVE LAW, AND EASY TO NAVIGATE AND READ BY
 PEOPLE WITH AN EIGHTH GRADE EDUCATION OR LESS.  THE DEPARTMENT OF HEALTH
 SHALL  NOTIFY  THE  COUNTY  DEPARTMENT  OF HEALTH IN THE LOCATION OF THE
 PROPERTY SALE ABOUT NEW ENTRIES IN THE  REGISTRY  COMING  FROM  PROPERTY
 SALES.
   (B) THE PRESENTATION OF A CERTIFICATE OF SUCH TEST BY A PRIOR OWNER OF
 SUCH  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, AND WITH THE REGISTRY ESTABLISHED BY THE DEPARTMENT  OF
 HEALTH  PURSUANT TO SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SEVENTY-
 SEVEN OF THE PUBLIC HEALTH LAW, 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,
 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;
 A. 4820--A                          6
 
   (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-
 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.
 A. 4820--A                          7
 
   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 amended
 by chapter 484 of the laws of 2023, 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
 TRANSFER OF TITLE.
   "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?
 A. 4820--A                          8

   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
      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
   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  OR
 OTHER  MATERIAL  THAT  COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
 HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF,  APPLIED
 OR  STORED.  THESE  INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI-
 CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER,  VARNISH  REMOVER
 AND  WOOD  PRESERVATIVES,  TREATED  WOOD, CONSTRUCTION MATERIALS SUCH AS
 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
 BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK  CLEANERS,  HOUSEHOLD
 CLEANERS,  POOL  CHEMICALS,  PRODUCTS  CONTAINING  MERCURY  AND LEAD AND
 INDOOR MOLD.

   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  FEDERAL  EMERGENCY
       MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN?  YES  NO  UNKN  NA
       (IF YES, EXPLAIN BELOW)
   11. IS  ANY  OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN THE
       SPECIAL FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN")  ACCORD-
       ING  TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) CURRENT
       FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO UNKN NA  (IF  YES,
       EXPLAIN BELOW)
 A. 4820--A                          9
 
   12. IS  ANY  OR  ALL  OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN A
       MODERATE RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN")  ACCORDING
       TO  FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO
       UNKN NA (IF YES, EXPLAIN BELOW)
   13. IS  THE  PROPERTY  SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO
       OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES  NO  UNKN
       NA (IF YES, EXPLAIN BELOW)
       HOMES  IN  THE  SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK
       FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE  MAPS  WITH  MORTGAGES
       FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN
       AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR-
       AGES  HOMEOWNERS  IN  HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD
       ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND
       THE PERSONAL PROPERTY WITHIN  THE  STRUCTURE(S).  ALSO  NOTE  THAT
       HOMES  IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD-
       ING OVER TIME DUE  TO  PROJECTED  SEA  LEVEL  RISE  AND  INCREASED
       EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED
       IN CURRENT FLOOD INSURANCE RATE MAPS.
   14. HAVE  YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI-
       OUS  OWNERS  RECEIVING  ASSISTANCE,  FROM  THE  FEDERAL  EMERGENCY
       MANAGEMENT  AGENCY  (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION
       (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD  ASSISTANCE  FOR  FLOOD
       DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) FOR
       PROPERTIES  THAT  HAVE  RECEIVED  FEDERAL DISASTER ASSISTANCE, THE
       REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN  TO  ALL  FUTURE
       OWNERS.  FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT
       IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE.
   15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF  YES,
       ATTACH A COPY OF THE POLICY)
       A  STANDARD  HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER
       FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO  DETER-
       MINE WHETHER YOU ARE COVERED.
   16. IS  THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY?
       YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE)
       AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY  A  LICENSED
       SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT
       THE  FLOOD  RISK  OF  THE  PROPERTY AND IS USED BY FLOOD INSURANCE
       PROVIDERS UNDER THE NATIONAL FLOOD  INSURANCE  PROGRAM  (NFIP)  TO
       HELP  DETERMINE  THE  APPROPRIATE  FLOOD  INSURANCE RATING FOR THE
       PROPERTY. A BUYER MAY BE ABLE TO  USE  THE  ELEVATION  CERTIFICATE
       FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY.
   17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH
       ANY  INSURANCE  PROVIDER,  INCLUDING  THE NATIONAL FLOOD INSURANCE
       PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL?
       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
   21. 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)
   22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
       LOCATION OR LOCATIONS BELOW)
 A. 4820--A                         10
 
   23. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
       OR LOCATIONS BELOW)
   24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
       OF THE REPORT)
   25. 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)
   26. 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))
   27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF YES,
       ATTACH A COPY OF THE REPORT)
 
 STRUCTURAL
   28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   29. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   30. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
       DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
   31. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
       INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
       REPORT(S))
   32. 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 WARRANTY ON THE ROOF IN EFFECT NOW? YES  NO  UNKN  NA  (IF
       YES, EXPLAIN BELOW)
   33. 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
   34. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
       MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
   35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
       (IF YES, DESCRIBE BELOW)
   36. 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)
   37. 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)
   38. 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)
   39. HAS THE STRUCTURE(S) EXPERIENCED ANY WATER  PENETRATION OR  DAMAGE
       DUE TO SEEPAGE OR A NATURAL FLOOD EVENT, SUCH AS FROM HEAVY  RAIN-
       FALL,  COASTAL  STORM  SURGE,  TIDAL INUNDATION OR RIVER OVERFLOW?
       YES NO UNKN NA (IF YES, EXPLAIN BELOW)
 A. 4820--A                         11
 
   ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF  YES,
       EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
   40. PLUMBING SYSTEM?            YES NO UNKN NA
   41. SECURITY SYSTEM?            YES NO UNKN NA
   42. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
   43. SMOKE DETECTOR?             YES NO UNKN NA
   44. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
   45. SUMP PUMP?                  YES NO UNKN NA
   46. FOUNDATION/SLAB?            YES NO UNKN NA
   47. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
   48. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
   49. FLOORS?                     YES NO UNKN NA
   50. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
   51. PATIO/DECK?                 YES NO UNKN NA
   52. DRIVEWAY?                   YES NO UNKN NA
   53. AIR CONDITIONER?            YES NO UNKN NA
   54. HEATING SYSTEM?             YES NO UNKN NA
   55. HOT WATER HEATER?           YES NO UNKN NA
   56. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
      NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
      PROPERTY  (E.G.  TAX  RECORDS  AND WETLAND AND FEMA'S CURRENT FLOOD
      INSURANCE RATE MAPS AND ELEVATION CERTIFICATES)
   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, 2024.  Effective imme-
 diately, the addition, amendment, and/or repeal of  any  rule  or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.