What's happening
This bill requires county clerks to record residential property condition disclosures and share environmental data in a public online database.
Why it matters
Increases public access to property condition and environmental data. By requiring county clerks to record and share residential property condition disclosures, and mandating an online database, the bill makes it easier for buyers, neighbors, and communities to access detailed information about homes and their environmental histories.
Creates accountability and transparency in real estate transactions. Attaching signed disclosure statements to both the purchase contract and the official record of property conveyance ensures that sellers and buyers are held accountable for the accuracy of the information disclosed.
Enables better-informed decision-making for buyers and policymakers. Easy access to centralized environmental data about residential properties can help potential buyers assess risks (like past flooding, contamination, or other hazards), and allow local governments or researchers to track environmental issues in housing stock over time.
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Who cares
Headline styles
Record Home Condition Disclosures
Plain English, a few words. Used as the page title.
Sponsors
2 Multi-sponsors
History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1353
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. COOK, RIVERA -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property law, in relation to the recording of residential property condition disclosure statements with county clerks; and to amend the environmental conservation law, in relation to directing the department of environmental conservation to establish and maintain a publicly accessible electronic database of the environmental information in residential property condition disclosure statements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of section 291 of the real property law is designated subdivision 1 and a new subdivision 2 is added to read as follows:
2. Within ten days of the receipt of a residential property condition disclosure statement, pursuant to subdivision one of section four hundred sixty-two of this chapter, a county clerk shall record the same, and produce and deliver copies thereof to the department of environmental conservation and to the clerk of the city, town or village in which such residential real property is situate.
§ 2. Subdivision 1 of section 462 of the real property law, as added by chapter 456 of the laws of 2001, is amended to read as follows:
1. Except as is provided in section four hundred sixty-three of this article, every seller of residential real property pursuant to a real estate purchase contract shall complete and sign a property condition disclosure statement as prescribed by subdivision two of this section and cause it, or a copy thereof, to be delivered to a buyer or buyer's agent prior to the signing by the buyer of a binding contract of sale. A copy of the property condition disclosure statement containing the signatures of both seller and buyer shall be attached to the real estate purchase contract, and an additional copy thereof containing the signa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03254-01-7
A. 1353 2
tures of the seller and the buyer shall be attached to the record of conveyance filed with the county clerk pursuant to section two hundred ninety-one of this chapter. Nothing contained in this article or this disclosure statement is intended to prevent the parties to a contract of sale from entering into agreements of any kind or nature with respect to the physical condition of the property to be sold, including, but not limited to, agreements for the sale of real property "as is".
§ 3. Section 3-0301 of the environmental conservation law is amended by adding a new subdivision 6 to read as follows:
6. The department shall establish, operate and maintain an electronic database of the "Environmental" information included in each residential property disclosure statement it receives from a county clerk pursuant to subdivision two of section two hundred ninety-one of the real property law. The information in such database shall be made available to the public in written form, upon request, and on the internet website maintained by the department.
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law; provided that, effective immediately, any rules and regulations necessary to implement the provisions of this act on its effective date are authorized and directed to be completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.