STATE OF NEW YORK
________________________________________________________________________
1228
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. JACOBSON -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property law, in relation to requiring that
certain sellers of real property provide a certificate of occupancy to
the purchaser of the real property
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The real property law is amended by adding a new section
2 259 to read as follows:
3 § 259. Certificates of occupancy; required disclosure to purchaser. 1.
4 Prior to executing a deed of sale with a purchaser or prospective
5 purchaser of real property, the owner of the real property shall provide
6 the purchaser or prospective purchaser, or the agent of the purchaser or
7 prospective purchaser, with a copy of a certificate of occupancy for the
8 real property that is the subject of the deed of sale. Such certificate
9 shall have been issued within thirty days of the date of transfer of
10 ownership on the property.
11 2. The provisions of this section shall not apply to transfers of real
12 property:
13 (a) to a relative of the owner;
14 (b) made pursuant to a court order, including but not limited to
15 transfers by a referee in a foreclosure action, to a party in a divorce
16 proceeding or by a bankruptcy trustee in a bankruptcy or reorganization
17 proceeding;
18 (c) by a municipality;
19 (d) by an executor or administrator of an estate;
20 (e) by a beneficiary of an estate provided such transfer is made with-
21 in sixty days of the date on which the beneficiary acquired title to the
22 property;
23 (f) by a deed in lieu of foreclosure;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02387-01-3
A. 1228 2
1 (g) due to the operation of law pursuant to a deed, including but not
2 limited to a tax deed; or
3 (h) of real property that does not have a dwelling located thereon.
4 3. Any agreement by a purchaser of premises for dwelling purposes
5 waiving or modifying his or her rights as set forth in this section
6 shall be void as contrary to public policy.
7 § 2. This act shall take effect on the one hundred twentieth day after
8 it shall have become a law.
