S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4265
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced  by  Sens. KAVANAGH, BAILEY, BRISPORT, BROUK, CLEARE, COONEY,
   FERNANDEZ, GONZALEZ,  HOYLMAN-SIGAL,  JACKSON,  KRUEGER,  MAY,  MYRIE,
   PARKER,  RAMOS, RIVERA, S. RYAN, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted 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. 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.
                                                            LBD03092-01-5
              

 S. 4265                             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,
 S. 4265                             3

 that all rental residential properties be tested one time for lead-based
 paint by August 2025. This act will  not  require  re-testing  of  these
 residences  when  rental properties are sold; but will ensure equity and
 protect purchasers of residential properties across the state (including
 New York city) by requiring one-time testing for lead-based paint before
 any residential property is sold.
   §  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-
 S. 4265                             4
 
 COATING MATERIAL CONTAINING MORE THAN 0.009 PERCENT  (OR  90  PARTS  PER
 MILLION)  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  AGENCY,  OR THE UNITED STATES CONSUMER PRODUCT SAFETY COMMIS-
 SION 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  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 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 OR
 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.  SUCH INSPECTION SHALL CONSIST  OF
 THE  USE  OF  AN X-RAY FLUORESCENCE ANALYZER ON ALL TYPES OF SURFACES IN
 ACCORDANCE WITH THE PROCEDURES DESCRIBED IN  CHAPTER  7  OF  THE  UNITED
 S. 4265                             5
 
 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, INCLUDING ON CHEWABLE SURFACES, FRIC-
 TION  SURFACES,  AND  IMPACT  SURFACES,  TO DETERMINE WHETHER LEAD-BASED
 PAINT IS PRESENT, AND WHERE SUCH PAINT  IS  LOCATED,  IN  SUCH  DWELLING
 UNIT.
   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-FIVE, 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  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
 S. 4265                             6
 
 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-
 GATIONS UNDER THIS ARTICLE. IF AN AGENT PERFORMS THE  DUTIES  AND  OBLI-
 GATIONS  IMPOSED  UPON  SUCH  AGENT  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
 S. 4265                             7
 
 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  SUCH  LESSEE OR TENANT'S 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 353 of the laws of 2024, 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]  THEIR  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).
 S. 4265                             8
 
   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] THEIR AGENT, IF
 ANY, TO PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER  OF  THE
 RESIDENTIAL 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
 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.
 S. 4265                             9
 
   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)
   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)
 S. 4265                            10
 
   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)
   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)
       More  information on "septic system operation and maintenance" can
       be found on the NYS Department of Health website in  the  informa-
 S. 4265                            11
 
       tional  health pamphlet made available by the Department of Health
       pursuant to section 396-s of NYS general business law.
   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)
   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
 S. 4265                            12

 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, 2026; provided, however,
 that if chapter 353 of the laws of 2024 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 2024
 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.