- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A06608 Summary:
| BILL NO | A06608A |
| SAME AS | SAME AS S02142-A |
| SPONSOR | Rivera JD |
| COSPNSR | Conrad, Rodriguez, Benedetto, Gottfried, Dinowitz, Septimo, Simon, Richardson, Jackson, Sillitti, McDonough, Glick, Frontus, Fernandez, Reyes, Bronson, Clark, Hevesi, Seawright, Lunsford, Peoples-Stokes, Gonzalez-Rojas, Rosenthal L, Solages, Colton, Thiele, De Los Santos, Steck, Meeks, Jacobson, Taylor |
| MLTSPNSR | |
| Add Art 16 §§520 - 524, §235-aa, amd §462, RP L | |
| Requires the disclosure of lead-based paint test reports in real estate transactions. | |
A06608 Actions:
| BILL NO | A06608A | |||||||||||||||||||||||||||||||||||||||||||||||||
| 03/19/2021 | referred to judiciary | |||||||||||||||||||||||||||||||||||||||||||||||||
| 05/26/2021 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/02/2021 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/03/2021 | amend and recommit to rules 6608a | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/07/2021 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/07/2021 | rules report cal.455 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/07/2021 | ordered to third reading rules cal.455 | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/09/2021 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/09/2021 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
| 06/09/2021 | REFERRED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/05/2022 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/05/2022 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
| 01/05/2022 | ordered to third reading cal.220 | |||||||||||||||||||||||||||||||||||||||||||||||||
A06608 Committee Votes:
| Lavine | Aye | Montesano | Nay | ||||||
| Zebrowski | Aye | Norris | Nay | ||||||
| Weprin | Aye | Walsh | Nay | ||||||
| Braunstein | Aye | Byrnes | Nay | ||||||
| Quart | Aye | Brown | Nay | ||||||
| Steck | Aye | Tannousis | Nay | ||||||
| Seawright | Aye | ||||||||
| Joyner | Aye | ||||||||
| Abinanti | Aye | ||||||||
| Wallace | Aye | ||||||||
| Walker | Aye | ||||||||
| Cruz | Aye | ||||||||
| McMahon | Aye | ||||||||
| Mitaynes | Aye | ||||||||
| Rajkumar | Aye | ||||||||
| Dinowitz | Aye | Morinello | Nay | ||||||
| Pretlow | Aye | Giglio | Nay | ||||||
| Cook | Aye | Montesano | Nay | ||||||
| Cymbrowitz | Aye | Reilly | Nay | ||||||
| O'Donnell | Aye | Mikulin | Nay | ||||||
| Lavine | Aye | Tannousis | Nay | ||||||
| Perry | Aye | ||||||||
| Abinanti | Aye | ||||||||
| Weprin | Aye | ||||||||
| Hevesi | Aye | ||||||||
| Fahy | Aye | ||||||||
| Seawright | Aye | ||||||||
| Rosenthal | Aye | ||||||||
| Walker | Aye | ||||||||
| Vanel | Aye | ||||||||
| Cruz | Aye | ||||||||
| Heastie | Excused | Barclay | Nay | ||||||
| Gottfried | Aye | Hawley | Nay | ||||||
| Nolan | Excused | Giglio | Nay | ||||||
| Weinstein | Aye | Blankenbush | Nay | ||||||
| Pretlow | Aye | Norris | Nay | ||||||
| Cook | Aye | Montesano | Nay | ||||||
| Glick | Aye | Ra | Nay | ||||||
| Aubry | Aye | Brabenec | Nay | ||||||
| Englebright | Aye | ||||||||
| Dinowitz | Aye | ||||||||
| Colton | Aye | ||||||||
| Magnarelli | Aye | ||||||||
| Perry | Aye | ||||||||
| Paulin | Aye | ||||||||
| Peoples-Stokes | Aye | ||||||||
| Benedetto | Aye | ||||||||
| Lavine | Aye | ||||||||
| Lupardo | Aye | ||||||||
| Zebrowski | Aye | ||||||||
| Thiele | Aye | ||||||||
| Braunstein | Aye | ||||||||
| Dickens | Aye | ||||||||
| Davila | Aye | ||||||||
Go to top
A06608 Floor Votes:
Yes
Abbate
Yes
Clark
Yes
Frontus
No
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
No
Lawler
Yes
Perry
No
Simpson
No
Angelino
Yes
Cook
No
Gallahan
No
Lemondes
Yes
Pheffer Amato
No
Smith
No
Ashby
Yes
Cruz
No
Gandolfo
Yes
Lunsford
Yes
Pichardo
No
Smullen
Yes
Aubry
Yes
Cusick
No
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
No
Barclay
Yes
Cymbrowitz
No
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
No
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
No
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
No
Goodell
Yes
McDonald
Yes
Ramos
No
Tague
Yes
Benedetto
No
DeStefano
Yes
Gottfried
No
McDonough
No
Reilly
No
Tannousis
Yes
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
No
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
No
Brabenec
Yes
Dinowitz
No
Hawley
No
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
No
DiPietro
Yes
Hevesi
No
Miller B
Yes
Rivera JD
No
Walczyk
Yes
Bronson
No
Durso
Yes
Hunter
No
Miller M
Yes
Rodriguez
Yes
Walker
No
Brown
No
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
No
Montesano
Yes
Rosenthal L
No
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
No
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
No
Salka
Yes
Weprin
No
Buttenschon
Yes
Fall
No
Jensen
ER
Nolan
Yes
Santabarbara
Yes
Williams
No
Byrne
Yes
Fernandez
Yes
Jones
No
Norris
Yes
Sayegh
Yes
Woerner
No
Byrnes
No
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
No
Schmitt
No
Zebrowski
Yes
Cahill
ER
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
No
Friend
Yes
Kim
No
Palmesano
Yes
Septimo
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A06608 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the real property law, in relation to requiring the disclosure of lead-based paint test reports in real estate transactions PURPOSE OF BILL: This bill requires property owners to conduct lead paint tests and provide the reports of such test before selling or leasing the property. By requiring that these test reports also be submitted to the Department of Health, New York takes a first step towards tracking and mitigating its worst-in-the-nation lead poisoning crisis. SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill sets forth legislative findings. Section 2 of the bill creates a new Article 16 to the real property law enacting the "Lead-based Paint Disclosure Act". Section 521 of the act sets forth definitions. Section 522 of the act requires that a building owner must provide to any buyer, a certificate that such property has been tested for lead- based paint, and provide the report of such test before executing any sale of the property. This section also requires that the building owner file such certificate and reports with the State Department of Health in the relevant County. This section also prohibits any local title office from accepting an instrument of transfer of title unless the required a certificate is provided. Building owners who need to conduct necessary lead-based paint testing may deduct the cost of such tests from the taxes owed on the sale of the property. Section 523 of the act sets forth the duty placed upon agents represent- ing either the buyer or seller of the property. Agents shall have the duty to inform their respective party of the rights and requirements under this law. If one party is not represented by an agent, the agent of the represented party also has a duty to inform the unrepresented party. Section 524 of the act prevents the limitation of any existing legal cause of action or remedy by this law. Section 3 of the bill adds Section 235-aa to the real property law requiring the disclosure of all lead-based paint test reports prior to executing any residential lease. This section also sets forth penalties for owners who violate this section. Section 4 of the bill amends Section 462 of the real property law to include the newly created disclosure requirements onto the Property Condition Disclosure Statement. Section 5 This act shall take effect August 1, 2022. 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. JUSTIFICATION: Despite federal policies phasing out lead from paint and gasoline in the 1970s, states have largely been left to develop their own lead poisoning prevention policy. While New York has been a leader in lead policy, the legacy of lead continues to pose a threat to New Yorkers through contam- inated house dust, old paint, soil, and water. The main sources of lead exposure vary from one place to another, but in New York the biggest catalysts of lead poisoning are the lead hazards in pre-1978 housing. According to the Centers for Disease Control and Prevention, New York has more children identified with elevated blood lead levels than any other states. Over 100,000 young children in the state may have a blood lead level of 5 micrograms per deciliter (pg/dL) or higher. According to the Council on Environmental Health, lead-based paint hazards are the most significant sources of exposure in children. New York also has the nation's greatest number of housing units, the highest percentage of pre-1960 and pre-1950 housing, and the oldest housing inventory among the 50 states. This older housing stock places New Yorkers at greater risk of exposure to lead hazards. Lead is widely recognized as an issue of environmental justice because low-income children living in older housing has the highest risk of lead poisoning. The mandated disclosure of lead-paint test reports provided for in this bill will ensure that tenants and homeowners in New York can choose to move into buildings free of any unknown lead-paint hazards. This bill will also give state health officials the knowledge of which properties do and do not have lead paint hazards. By making this information public, the private market will encourage proactive repair and mainte- nance to address lead paint hazards. LEGISLATIVE HISTORY: 2020: 58830 (Kavanagh) - RULES. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined. EFFECTIVE DATE: This act shall take effect August 1, 2022.
A06608 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 6608--A 2021-2022 Regular Sessions IN ASSEMBLY March 19, 2021 ___________ Introduced by M. of A. J. D. RIVERA, CONRAD, RODRIGUEZ, BENEDETTO, GOTT- FRIED, DINOWITZ, SEPTIMO, SIMON, RICHARDSON, JACKSON, SILLITTI, McDO- NOUGH, GLICK, FRONTUS, FERNANDEZ, REYES, BRONSON, CLARK, HEVESI, SEAWRIGHT, LUNSFORD -- read once and referred to the Committee on Judiciary -- reported and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules 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: 1 Section 1. Legislative findings. The legislature hereby finds and 2 declares that lead poisoning of children persists as one of the most 3 prevalent and preventable environmental diseases in New York State. 4 Nearly 100,000 children were newly identified with levels of lead in 5 their blood at five micrograms per deciliter (mcg/dL) in New York state 6 between 2011 and 2015. Medical research indicates that children can 7 suffer permanent brain damage at blood levels even lower than 5mcg/dL, 8 and that there is no level of lead ingestion that is without adverse 9 impact. The predominant cause of lead poisoning in young children is 10 the ingestion of lead particles from deteriorating or abraded lead-based 11 paint from older and poorly maintained residences. Although New York 12 state banned the sale of lead-based paint in 1970, (l.1970, ch. 338) 74% 13 of New York's housing stock was constructed prior to 1970 and lead-based 14 paint was available outside of the state until 1978. New York state has 15 both the nation's greatest number (over 4 million units), the highest 16 percentage (55.08%) of pre-1960 and pre-1950 (41.0%) housing, and the 17 oldest housing inventory among the fifty states. At least ninety percent 18 of lead-based paint still exists in occupied housing built before 1960. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06488-03-1A. 6608--A 2 1 New York state's older housing stock places residents at great risk of 2 exposure to lead hazards, with low-income children living in older hous- 3 ing having the highest risk of lead poisoning. Knowledge of lead-based 4 paint hazards, their control, mitigation, abatement, and risk avoidance 5 is not sufficiently widespread. In addition, while federal law requires 6 the disclosure by sellers of real property of knowledge of the existence 7 of lead-based paint and lead-based paint hazards, and encourages poten- 8 tial buyers to conduct inspections for lead-based paint, these mech- 9 anisms neither mandate that such inspections take place either by sell- 10 ers or buyers. This gap in disclosure requirements results in 11 residential property being transferred without any knowledge of the 12 potential for such property to cause lead poisoning and the attendant 13 liabilities. 14 Local county health departments lack sufficient information as to 15 which housing contains lead-based paint and the locations of such lead- 16 based paint, resulting in less cost-effective prevention of lead poison- 17 ing, avoidable harm to children's health, and wasted public resources. 18 The purposes of this act are to assure that properties that have not 19 been previously tested for lead-based paint are not simply transferred 20 to new owners without knowledge of whether there is lead-based paint 21 present, and to better utilize the existing federal laws that mandate 22 disclosure of lead-based paint and lead-based paint hazards and to aid 23 in the prevention of lead poisoning. This act is not intended to and 24 does not diminish the responsibility of buyers to carefully examine the 25 property which they intend to purchase and public records pertaining to 26 the property. This act is not intended to and does not limit existing 27 responsibilities by a seller, buyer or agent concerning the condition of 28 the property or potential liabilities or remedies at law, statute or in 29 equity. 30 This act will significantly improve the transfer process and better 31 serve the interests of all parties to a home purchase. It will increase 32 clarity regarding the nature of the property and will provide greater 33 certainty to contracts entered into by better informed buyers and sell- 34 ers. As well, it will provide incentive to owners to voluntarily test 35 their property prior to sale. 36 § 2. The real property law is amended by adding a new article 16 to 37 read as follows: 38 ARTICLE 16 39 LEAD-BASED PAINT DISCLOSURE ACT 40 Section 520. Short title. 41 521. Definitions. 42 522. Inspection of residential real property for lead-based 43 paint prior to transfer of title. 44 523. Duty of agent. 45 524. Liability. 46 § 520. Short title. This article shall be known and may be cited as 47 the "lead-based paint disclosure act". 48 § 521. Definitions. As used in this article, the following terms shall 49 have the following meanings: 50 1. "Agent" shall mean a person who is licensed as a real estate broker 51 or a real estate salesperson pursuant to section four hundred forty-a of 52 this chapter and acting in a fiduciary capacity. 53 2. "Binding contract of sale" shall mean a real estate purchase 54 contract or offer that would, upon signing by the seller and subject to 55 satisfaction of any contingencies, require the buyer to accept a trans- 56 fer of title.A. 6608--A 3 1 3. "Broker" shall have the same meaning as "real estate broker" 2 defined by section four hundred forty of this chapter. 3 4. "Buyer" shall mean any entity that enters into a real estate 4 purchase contract, including but not limited to individuals, partner- 5 ships, corporations, trusts, government agencies, housing agencies, 6 Indian tribes, and nonprofit organizations. 7 5. "Lead-based paint" shall mean paint or other similar surface coat- 8 ing material containing 1.0 milligrams of lead per square centimeter or 9 greater, as determined by laboratory analysis of paint samples with all 10 layers of paint present, or by an x-ray fluorescence analyzer. If an 11 x-ray fluorescence analyzer is used, readings shall be corrected for 12 substrate bias when necessary as specified by the performance character- 13 istic sheets released by the United States environmental protection 14 agency and the United States department of housing and urban development 15 for the specific x-ray fluorescence analyzer used. X-ray fluorescence 16 readings shall be classified as positive, negative or inconclusive in 17 accordance with the United States department of housing and urban devel- 18 opment guidelines for the evaluation and control of lead-based paint 19 hazards in housing (July 2012) or successor guidelines, and the perform- 20 ance characteristic sheets released by the United States environmental 21 protection agency and the United States department of housing and urban 22 development for the specific x-ray fluorescence analyzer used. X-ray 23 fluorescence readings that fall within the inconclusive zone, as deter- 24 mined by the performance characteristic sheets, shall be confirmed by 25 laboratory analysis of paint chips, results shall be reported in milli- 26 grams of lead per square centimeter and the measure of such laboratory 27 analysis shall be definitive. If laboratory analysis is used to deter- 28 mine lead content, results shall be reported in milligrams of lead per 29 square centimeter. Where the surface area of a paint chip sample cannot 30 be accurately measured or if an accurately measured paint chip sample 31 cannot be removed, a laboratory analysis may be reported in percent by 32 weight. In such case, lead-based paint shall mean any paint or other 33 similar surface-coating material containing more than 0.009 percent of 34 metallic lead, based on the non-volatile content of the paint or other 35 similar surface-coating material. In the event that the United States 36 environmental protection agency or a successor agency, or the United 37 States department of housing and urban development or a successor agen- 38 cy, or a department or agency of the state of New York that has obtained 39 applicable authorization pursuant to 40 C.F.R. part 745 subpart Q or 40 successor regulation, adopts more stringent definitions of lead-based 41 paint, such more stringent definitions shall apply for the purposes of 42 this article. 43 6. "Real estate purchase contract" shall mean any of the following: 44 (a) a contract which provides for the purchase and sale or exchange of 45 residential real property; 46 (b) a lease with an option to purchase residential real property; 47 (c) a lease-with-obligation-to-purchase agreement for residential real 48 property; or 49 (d) an installment land sale contract for residential real property. 50 7. "Residential real property" shall mean real property improved by a 51 residential dwelling erected prior to the year nineteen hundred seven- 52 ty-eight. 53 8. "Residential dwelling" shall mean a single-family dwelling, includ- 54 ing attached structures such as porches and stoops, or a single-family 55 dwelling unit within a structure that contains more than one separate 56 residential dwelling unit, used or occupied, or designed to be used orA. 6608--A 4 1 occupied, wholly or partly, as the home or residence of one or more 2 persons whether or not it was or will be occupied. 3 9. "Seller" shall mean any entity that intends to engage in the trans- 4 fer of title to a buyer of residential real property, in whole or in 5 part, including but not limited to individuals, partnerships, corpo- 6 rations, trusts, government agencies, housing agencies, Indian tribes, 7 mortgage banker, lender, and nonprofit organizations. The term "seller" 8 also shall mean an entity that transfers shares in a cooperatively owned 9 project. 10 10. "Test for lead-based paint" shall mean a test for the presence of 11 lead-based paint that has been conducted through both a lead hazard risk 12 assessment and a lead-based paint inspection as defined in 40 C.F.R. 13 745.103, 24 C.F.R. 35.86, and the United States department of housing 14 and urban development guidelines for the evaluation and control of lead- 15 based paint hazards in housing (July 2012), or successor regulations and 16 guidelines, and a report prepared indicating the results of such test, 17 including the locations where tests were performed for lead-based paint 18 and lead-based paint hazards and the readings of all such tests. Such 19 test shall not be valid unless performed by a person accredited pursuant 20 to: (a) certification to conduct lead hazard risk assessment and 21 inspections by the United States environmental protection agency pursu- 22 ant to 40 C.F.R. 745.226(b) or successor regulation; or (b) certif- 23 ication by a state or tribal program authorized by the United States 24 environmental protection agency to certify individuals engaged in lead- 25 based paint activities pursuant to 40 C.F.R. 745.325 or successor regu- 26 lation or eligible to conduct the inspections required by this article. 27 For multifamily housing, the test must be conducted in accordance with 28 the United States department of housing and urban development guidelines 29 for the evaluation and control of lead-based paint hazards in housing 30 (July 2012), or successor guidelines. 31 11. "Transfer of title" shall mean delivery of a properly executed 32 instrument conveying title to residential real property and shall 33 include delivery of a real estate purchase contract that is a lease or 34 installment land sale contract. 35 § 522. Inspection of residential real property for lead-based paint 36 prior to transfer of title. 1. (a) Effective August first, two thousand 37 twenty-two, every seller of residential real property pursuant to a real 38 estate purchase contract shall deliver to a buyer or buyer's agent prior 39 to the signing by the buyer of a binding contract of sale a certificate 40 that such property has been tested for lead-based paint, and provide the 41 report of such test. A copy of the certificate containing the signature 42 of the seller and any report of a test for lead-based paint shall be 43 attached to the real estate purchase contract. A copy of such certif- 44 icate and report of such test and any subsequent reports of such tests 45 shall be filed with the state department of health in the department of 46 health in the county where such residential real property is located, 47 and such certificate shall as well be filed with the office authorized 48 under section three hundred seventy-two of this chapter to be registrar 49 of title in the county where such real property is located, and such 50 office shall not accept for filing an instrument of transfer of title 51 unless accompanied by such certificate where applicable. 52 (b) The presentation of a certificate of such test by a prior owner of 53 said property and evidence of filing such certificate and report with 54 the department of health in the county where such residential real prop- 55 erty is located, shall be deemed to be in compliance with the provisions 56 of this subdivision.A. 6608--A 5 1 (c) In the event the seller has not received from a prior owner a 2 certification and report of such tests as set forth in this subdivision, 3 the costs of testing for lead-based paint and the preparation of a 4 certificate and report thereof as provided in this subdivision shall be 5 deductible by the transferor or grantor, up to the amount of five 6 hundred dollars, or in a building with more than one dwelling unit up to 7 four hundred dollars per dwelling unit tested, from the taxes imposed by 8 sections fourteen hundred two and fourteen hundred two-a of the tax law. 9 The transferor or grantor shall not be reimbursed for costs in excess of 10 the total taxes imposed by sections fourteen hundred two and fourteen 11 hundred two-a of the tax law. 12 2. Any provision in a real estate purchase contract or any other docu- 13 ment related to the transfer of title in residential real property that 14 purports to waive any right created under state or federal law for the 15 buyer to conduct a risk assessment or inspection of the property to 16 determine the presence of lead-based paint and/or lead-based paint 17 hazards, or any oral agreement that purports to waive such right, is 18 null and void as against public policy, notwithstanding that such waiv- 19 ers might otherwise be permitted by federal law. 20 3. A certificate that such property has been tested for lead-based 21 paint shall not be required in connection with any of the following 22 transfers of residential real property: 23 (a) A transfer to a beneficiary of a deed of trust; 24 (b) A transfer by a fiduciary in the course of the administration of a 25 decedent's estate, a guardianship, a conservatorship, or a trust; 26 (c) A transfer from one co-owner to one or more other co-owners; 27 (d) A transfer made to the transferor's spouse or to one or more 28 persons in the lineal consanguinity of one or more of the transferors; 29 (e) A transfer between spouses or former spouses as a result of a 30 decree of divorce, dissolution of marriage, annulment, or legal sepa- 31 ration or as a result of property settlement, agreement incidental to a 32 decree of divorce, dissolution of marriage, annulment or legal sepa- 33 ration; 34 (f) A transfer to or from the state, a political subdivision of the 35 state, or another governmental entity; 36 (g) A transfer by a sheriff; 37 (h) A transfer pursuant to a partition action; or 38 (i) A transfer of an unoccupied dwelling unit or residential property 39 that is to be demolished, provided the dwelling unit or property will 40 remain unoccupied until demolition and lead-safe work practices enumer- 41 ated in 40 C.F.R. 745 and successor regulations, or more protective 42 state law are followed during the demolition. 43 4. Nothing contained in this article is intended to prevent the 44 parties to a contract of sale from entering into agreements of any kind 45 or nature with respect to the physical condition of the property to be 46 sold, including, but not limited to, agreements for the sale of real 47 property "as is". 48 § 523. Duty of agent. An agent representing a seller of residential 49 real property as a listing broker, or, if the seller is not represented 50 by an agent, the agent representing the buyer of residential real prop- 51 erty and dealing with a prospective seller, shall have the duty to time- 52 ly (in any event, before the buyer signs a binding contract of sale) 53 inform each seller of the seller's obligations under this article. An 54 agent representing a buyer of residential real property, or, if the 55 buyer is not represented by an agent, the agent representing a seller of 56 residential real property and dealing with a prospective buyer, shallA. 6608--A 6 1 have the duty to timely (in any event, before the buyer signs a binding 2 contract of sale) inform such buyer of the buyer's rights and obli- 3 gations under this article. If an agent performs the duties and obli- 4 gations imposed upon him or her pursuant to this section, the agent 5 shall have no further duties under this article and shall not be liable 6 to any party for a violation of this article. The department of state 7 may, pursuant to section four hundred forty-one-c of this chapter, 8 revoke or suspend the license of an agent who violates this article. 9 § 524. Liability. Nothing contained in this article shall be construed 10 as limiting any existing legal cause of action or remedy at law, in 11 statute or in equity. 12 § 3. The real property law is amended by adding a new section 235-aa 13 to read as follows: 14 § 235-aa. Disclosure of lead-based paint and lead-based paint hazards. 15 1. Prior to executing a residential lease or rental agreement with a 16 tenant, the owner of real property shall provide the tenant a copy of 17 all reports of a test for lead-based paint issued or prepared pursuant 18 to section five hundred twenty-two of this chapter, and any other 19 report, within the possession or control of the owner, pertaining to 20 lead-based paint or lead-based paint hazards within the meaning of 21 section 4852d of title 42 of the United States Code and the regulations 22 thereunder. Owners who deliver a disclosure form with all required docu- 23 ments under the provisions of section 4852d of title 42 of the United 24 States Code and the regulations thereunder shall be deemed to have 25 complied with the requirements of this subdivision. 26 2. Any agreement by a lessee or tenant of premises for dwelling 27 purposes waiving or modifying his or her rights as set forth in this 28 section shall be void as contrary to public policy. 29 3. An owner who violates this section shall be liable for a civil 30 penalty not to exceed ten thousand dollars, and in addition, a penalty 31 to the tenant not to exceed the equivalent of the amount of rental 32 payments for three months plus any attorney's fees. The powers and 33 remedies set forth in this section shall be in addition to all other 34 existing legal cause of action or remedy at law, in statute or in equi- 35 ty. 36 § 4. Subdivision 2 of section 462 of the real property law, as added 37 by chapter 456 of the laws of 2001, is amended to read as follows: 38 2. The following shall be the disclosure form: 39 PROPERTY CONDITION DISCLOSURE STATEMENT 40 NAME OF SELLER OR SELLERS: 41 PROPERTY ADDRESS: 42 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN- 43 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF 44 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE 45 BUYER OF A BINDING CONTRACT OF SALE. 46 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND 47 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE 48 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT 49 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR 50 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR 51 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND 52 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.A. 6608--A 7 1 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM 2 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE 3 TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY 4 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO 5 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL 6 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS 7 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY. 8 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO 9 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU- 10 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, 11 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH 12 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE 13 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT 14 OWNED IN FEE SIMPLE BY THE SELLER. 15 INSTRUCTIONS TO THE SELLER: 16 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE. 17 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS 18 REQUIRED. 19 (c) COMPLETE THIS FORM YOURSELF. 20 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP- 21 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN). 22 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO 23 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN- 24 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO 25 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN- 26 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER 27 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT. 28 GENERAL INFORMATION 29 1. HOW LONG HAVE YOU OWNED THE PROPERTY? 30 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY? 31 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF 32 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI- 33 GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW 34 YORK REAL PROPERTY LAW REQUIRES THE SELLER TO PRODUCE THE RESULTS 35 OF A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT SUCH 36 A TEST IF NOT PREVIOUSLY PERFORMED. 37 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY 38 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN 39 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS 40 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA 41 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO 42 UNKN NA (IF YES, EXPLAIN BELOW) 43 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL 44 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF 45 YES, EXPLAIN BELOW) 46 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH 47 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS, 48 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW) 49 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN- 50 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES 51 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 52 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES 53 NO UNKN NA (IF NO, EXPLAIN BELOW)A. 6608--A 8 1 ENVIRONMENTAL 2 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD- 3 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW 4 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY 5 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY 6 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING 7 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT 8 COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON- 9 MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED OR STORED. THESE 10 INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI- 11 CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA- 12 TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING 13 MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING 14 SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD CLEANERS AND POOL 15 CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD. 16 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM 17 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU 18 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. IF 19 LEAD IN DRINKING WATER IS A CONCERN TO YOU, YOU ARE URGED TO HAVE THE 20 PLUMBING EXAMINED, INCLUDING THE SERVICE LINE. 21 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN? 22 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 23 11. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND? 24 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 25 12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO 26 UNKN NA (IF YES, EXPLAIN BELOW) 27 13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA 28 (IF YES, EXPLAIN BELOW) 29 14. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR 30 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE 31 THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING 32 OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 33 15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE 34 LOCATION OR LOCATIONS BELOW) 35 16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION 36 OR LOCATIONS BELOW) 37 17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY 38 OF THE REPORT) 39 18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR 40 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR 41 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE 42 PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO 43 UNKN NA (IF YES, DESCRIBE BELOW) 44 19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR 45 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM 46 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO 47 UNKN NA (IF YES, ATTACH REPORT(S)) 48 STRUCTURAL 49 20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES? 50 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 51 21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES? 52 YES NO UNKN NA (IF YES, EXPLAIN BELOW)A. 6608--A 9 1 22. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR 2 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 3 23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST 4 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH 5 REPORT(S)) 6 24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)? 7 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS- 8 FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF 9 YES, EXPLAIN BELOW) 10 25. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING 11 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR 12 PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW) 13 MECHANICAL SYSTEMS & SERVICES 14 26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE, 15 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA 16 27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA 17 (IF YES, DESCRIBE BELOW) 18 28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC 19 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL, 20 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING? 21 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES, 22 EXPLAIN BELOW) 23 29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER- 24 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________ 25 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES 26 NO UNKN NA (IF YES, EXPLAIN BELOW) 27 30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED 28 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA 29 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW) 30 31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES 31 NO UNKN NA (IF YES, EXPLAIN BELOW) 32 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES, 33 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.): 34 32. PLUMBING SYSTEM? YES NO UNKN NA 35 33. SECURITY SYSTEM? YES NO UNKN NA 36 34. CARBON MONOXIDE DETECTOR? YES NO UNKN NA 37 35. SMOKE DETECTOR? YES NO UNKN NA 38 36. FIRE SPRINKLER SYSTEM? YES NO UNKN NA 39 37. SUMP PUMP? YES NO UNKN NA 40 38. FOUNDATION/SLAB? YES NO UNKN NA 41 39. INTERIOR WALLS/CEILINGS? YES NO UNKN NA 42 40. EXTERIOR WALLS OR SIDING? YES NO UNKN NA 43 41. FLOORS? YES NO UNKN NA 44 42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA 45 43. PATIO/DECK? YES NO UNKN NA 46 44. DRIVEWAY? YES NO UNKN NA 47 45. AIR CONDITIONER? YES NO UNKN NA 48 46. HEATING SYSTEM? YES NO UNKN NA 49 47. HOT WATER HEATER? YES NO UNKN NA 50 48. THE PROPERTY IS LOCATED IN THE 51 FOLLOWING SCHOOL DISTRICT UNKNA. 6608--A 10 1 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP- 2 ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS) 3 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF 4 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI- 5 TIONAL PAGES ATTACHED. 6 ______________________________________________________________________ 7 ______________________________________________________________________ 8 ______________________________________________________________________ 9 ______________________________________________________________________ 10 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS 11 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE 12 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A 13 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS 14 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED 15 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION 16 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT, 17 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI- 18 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO 19 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER. 20 SELLER _______________________________________ DATE ________________ 21 SELLER _______________________________________ DATE ________________ 22 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS 23 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF 24 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE 25 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT 26 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS 27 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS. 28 BUYER _______________________________________ DATE ________________ 29 BUYER _______________________________________ DATE ________________ 30 § 5. This act shall take effect August 1, 2022. Effective immediate- 31 ly, the addition, amendment, and/or repeal of any rule or regulation 32 necessary for the implementation of this act on its effective date are 33 authorized to be made and completed on or before such effective date.