Gandolfo, Brown E, Brabenec, Bendett, Lemondes, Tague, Maher, Durso, Gray, Beephan, Mikulin,
DeStefano, Manktelow, Reilly, McGowan, Giglio JA, Jensen
MLTSPNSR
Amd §10, RP L
Prohibits the acquisition of real property by foreign countries and entities of particular concern as well as citizens, companies, entities, and members of such countries and entities.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5301
SPONSOR: Slater TITLE OF BILL:
An act to amend the real property law, in relation to prohibiting the
acquisition of real property by foreign countries and entities of
particular concern
PURPOSE OR GENERAL IDEA OF BILL:
To protect New York State and the United State of America's interests
from foreign governments, entities, and noncitizen individuals
SUMMARY OF PROVISIONS:
Prohibits foreign governments, entities, and noncitizen individuals that
are of particular concern, as identified by the United States Department
of State, from acquiring real property within the State of New York
JUSTIFICATION:
There are strategically important areas within New York State, such as
population centers, military bases, and government buildings, that
foreign countries, known to the US department of State as causing
particular concern, could target for the purposes of espionage or other
reasons. Allowing these governments to acquire real property within New
York State risks the wellbeing of not only the people of this state but
New York and the rest of America as well.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
5301
2023-2024 Regular Sessions
IN ASSEMBLY
March 7, 2023
___________
Introduced by M. of A. SLATER, GANDOLFO, E. BROWN, BRABENEC, BENDETT,
LEMONDES, TAGUE, MAHER, DURSO, GRAY, BEEPHAN, MIKULIN, DeSTEFANO,
MANKTELOW -- read once and referred to the Committee on Judiciary
AN ACT to amend the real property law, in relation to prohibiting the
acquisition of real property by foreign countries and entities of
particular concern
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 10 of the real property law, as amended by chapter
2 272 of the laws of 1944, subdivision 2 as amended by chapter 669 of the
3 laws of 2022, and subdivision 3 as added by chapter 740 of the laws of
4 1954, is amended to read as follows:
5 § 10. Capacity to hold real property. 1. A citizen of the United
6 States is capable of holding real property within this state, and of
7 taking the same by descent, devise or purchase.
8 2. Noncitizens, other than those prohibited under subdivision four of
9 this section, are empowered to take, hold, transmit, and dispose of real
10 property within this state in the same manner as native-born citizens
11 and their heirs and devisees take in the same manner as citizens.
12 3. For the purpose of maintaining offices and places of residence for
13 its ambassadors and consular officers and for its representatives at the
14 United Nations, a foreign government, other than those prohibited under
15 subdivision four of this section, is empowered to hold, transmit and
16 dispose of real property within this state. Title to such property may
17 be taken either in the name of the foreign government or in the name of
18 its ambassador or consul or in the name of its minister to the United
19 Nations. If a conveyance of real property is made to an ambassador or
20 consul or minister of a foreign government as such, or contains appro-
21 priate words showing the intention to vest the title in the holder of
22 the office rather than in the named individual, the title to the real
23 property shall pass from time to time without any further conveyance to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08872-01-3
A. 5301 2
1 the respective successors in such office, who shall have full power to
2 dispose of such property.
3 4. On and after the effective date of the chapter of the laws of two
4 thousand twenty-three that amended this section, the following nonciti-
5 zens, foreign governments, and foreign entities shall not take real
6 property within this state and shall only transfer or dispose of real
7 property within this state to a person or entity eligible to take such
8 real property under this section:
9 (a) a governmental entity of a foreign country of particular concern
10 or an entity of particular concern, as identified by the United States
11 department of state;
12 (b) a company or other entity that is owned by or the majority of
13 stock or other ownership interest of which is held or controlled by a
14 company or entity that is:
15 (i) headquartered in any foreign country of particular concern, as
16 identified by the United States department of state;
17 (ii) directly or indirectly held or controlled by the government of
18 any foreign country of particular concern or entity of particular
19 concern, as identified by the United States department of state; or
20 (iii) owned by or the majority of stock or other ownership interest
21 of which is held or controlled by individuals who are citizens of any
22 foreign country of particular concern or members of an entity of partic-
23 ular concern, as identified by the United States department of state; or
24 (c) an individual who is a citizen of any foreign country of partic-
25 ular concern or is a member of an entity of particular concern, as iden-
26 tified by the United States department of state.
27 § 2. If any clause, sentence, paragraph, section or part of this act
28 shall be adjudged by any court of competent jurisdiction to be invalid
29 and after exhaustion of all further judicial review, the judgment shall
30 not affect, impair or invalidate the remainder thereof, but shall be
31 confined in its operation to the clause, sentence, paragraph, section or
32 part of this act directly involved in the controversy in which the judg-
33 ment shall have been rendered.
34 § 3. This act shall take effect immediately.
