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A07589 Summary:

BILL NOA07589
 
SAME ASNo Same As
 
SPONSORTapia
 
COSPNSR
 
MLTSPNSR
 
Amd §5-101, add §5-331.1, Gen Ob L
 
Declares any conveyances of real property to a landlord identified on the city of New York's office of the public advocate's worst landlord watchlist as void as against public policy; provides for a $50,000 civil penalty for violations of such provisions.
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A07589 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7589
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 1, 2025
                                       ___________
 
        Introduced  by M. of A. TAPIA -- read once and referred to the Committee
          on Judiciary
 
        AN ACT to amend the general obligations law, in  relation  to  declaring
          any  conveyances of real property to a landlord identified on the city
          of New York's office of the public advocate's worst landlord watchlist
          as void as against public policy

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivisions 1 and 3 of section 5-101 of the general obli-
     2  gations law are amended to read as follows:
     3    1. As used in sections 5-331, 5-331.1,  5-703  and  5-1115,  the  term
     4  "conveyance"  includes  every  instrument, in writing, except a will, by
     5  which any estate or interest in real property is  created,  transferred,
     6  assigned or surrendered.
     7    3. As used in sections 5-321, 5-323, 5-331, 5-331.1, 5-703 and 5-1115,
     8  the  term  "real  property" is co-extensive in meaning with lands, tene-
     9  ments and hereditaments.
    10    § 2. The general obligations law is amended by adding  a  new  section
    11  5-331.1 to read as follows:
    12    § 5-331.1. Certain conveyances of real property void as against public
    13  policy.  1.  For the purposes of this section, the following terms shall
    14  have the following meanings:
    15    (a) "Affiliated entity" means any entity in  which  an  individual  or
    16  other  entity has a controlling interest or that is otherwise controlled
    17  by, or acting at the direction of, such other entity.
    18    (b) "Covered property" means any residential or mixed-use real proper-
    19  ty or portion thereof in the state of New York.
    20    (c) "Worst landlord watchlist" means the list the city of  New  York's
    21  office  of  the public advocate's most recently published worst landlord
    22  watchlist.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11217-01-5

        A. 7589                             2
 
     1    2. Any conveyance of a covered property made to an individual, entity,
     2  or beneficial owner identified on the worst landlord watchlist shall  be
     3  void  as  against public policy. Such restriction shall apply to convey-
     4  ances made directly or indirectly, including but not limited to, through
     5  affiliated  entities,  trusts, or limited liability companies where such
     6  individual, entity, or beneficial owner  holds  twenty-five  percent  or
     7  more beneficial ownership.
     8    3. Any conveyance made in violation of subdivision two of this section
     9  shall  be  deemed  void  by the attorney general, a municipality, or any
    10  interested party. Any party that knowingly conveys a covered property in
    11  violation of subdivision two of this section shall be subject to a civil
    12  penalty of up to fifty thousand dollars per such conveyance. The  attor-
    13  ney  general  shall be authorized to seek injunctive relief for any such
    14  violation, including but not limited to, divestiture of such  unlawfully
    15  conveyed covered property.
    16    4.  (a)  Upon the conveyance of any covered property, other than where
    17  the purchaser of such covered property is purchasing such covered  prop-
    18  erty  for their primary residence, the purchaser shall submit an affida-
    19  vit at the time of deed recording affirming that neither  the  purchaser
    20  nor any beneficial owner is identified on the worst landlord watchlist.
    21    (b)  The county clerk shall not record any deed for a covered property
    22  for which an affidavit is required to be submitted under  paragraph  (a)
    23  of this subdivision prior to receipt of such affidavit.
    24    5.  The  city of New York's office of the public advocate shall submit
    25  the most recent version of the worst landlord watchlist to the  attorney
    26  general,  the department of state, and all county clerks within the city
    27  of New York within thirty  days  of  publication  of  such  most  recent
    28  version.
    29    6.  Any municipality in the state shall be authorized to establish and
    30  maintain a registry of landlords operating within  the  jurisdiction  of
    31  such  municipality  that  is comparable to the worst landlord watchlist,
    32  and may adopt enforcement procedures consistent with this section.
    33    7. If any clause, sentence, paragraph, or subdivision of this  section
    34  shall  be adjudged by any court of competent jurisdiction to be invalid,
    35  such judgment shall not affect,  impair,  or  invalidate  the  remainder
    36  thereof, but shall be confined in its operation to the clause, sentence,
    37  paragraph,  or  subdivision thereof directly involved in the controversy
    38  in which such judgment shall have been rendered. It is  hereby  declared
    39  to  be  the  intent of the legislature that this section would have been
    40  enacted even if such invalid provisions had not been included herein.
    41    § 3. This act shall take effect July 1, 2026.  Effective  immediately,
    42  the  addition,  amendment and/or repeal of any rule or regulation neces-
    43  sary for the implementation of  this  act  on  its  effective  date  are
    44  authorized  to  be  made,  including  by  emergency, and completed on or
    45  before such effective date.
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