Authorizes counties, not wholly encompassed within a city, to increase, by county law, the recording fee from $5 to $25, and the per page fee from $3 to $5.
STATE OF NEW YORK
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2761
2011-2012 Regular Sessions
IN ASSEMBLY
January 20, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to author-
izing certain counties to increase the fees imposed for recording
certain instruments with the county clerk
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph a of paragraph 4 of subdivision (a) of section
2 8021 of the civil practice law and rules, as amended by chapter 288 of
3 the laws of 2008, is amended to read as follows:
4 a. (1) For recording, entering, indexing and endorsing a certificate
5 on any instrument, five dollars, and, in addition thereto, three dollars
6 for each page or portion of a page, and fifty cents for each additional
7 town, city, block or other indices in which such instrument is to be
8 indexed as directed by the endorsement thereon. On the assignment of a
9 mortgage which assigns more than one mortgage or on a release of lease
10 which releases more than one lease, then there shall be an additional
11 fee of three dollars for every mortgage assigned or lease released in
12 excess of one.
13 (2) Notwithstanding clause one of this subparagraph, any county may
14 opt by county law to increase the fee for recording, entering, indexing
15 and endorsing a certificate on any instrument from five dollars to
16 [twenty] twenty-five dollars and, in addition thereto, increase from
17 three dollars to five dollars for each page or portion of a page. Such
18 increase shall take effect thirty days after the county enacts such
19 fees. For the purpose of determining the appropriate recording fee, the
20 fee for any cover page shall be deemed an additional page of the instru-
21 ment. A cover page shall not include any social security account number
22 or date of birth. To the extent a county clerk has placed an image of
23 such cover page online, such county clerk shall make a good faith effort
24 to redact such information.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03040-01-1
A. 2761 2
1 § 2. Subparagraph a of paragraph 11 of subdivision (b) of section 8021
2 of the civil practice law and rules, as amended by chapter 55 of the
3 laws of 1992, is amended to read as follows:
4 a. (1) For recording any instrument required by statute to be
5 recorded, in counties within the city of New York, ten dollars, and in
6 all other counties, five dollars, and, in addition thereto, three
7 dollars for each page or portion of a page recorded, except that the
8 charge for instruments of surrender and orders of commitment required to
9 be filed and recorded pursuant to section three hundred eighty-four of
10 the social services law shall be ten dollars per instrument or order in
11 counties within the city of New York, and in all other counties, five
12 dollars per instrument or order.
13 (2) Notwithstanding the provisions of clause one of this subparagraph,
14 any county, not wholly encompassed by a city, may by county law increase
15 the fee for recording any instrument required by statute to be recorded
16 from five dollars to twenty-five dollars and, in addition thereto,
17 increase from three dollars to five dollars for each page or portion of
18 a page recorded. Such increase shall take effect thirty days after the
19 county enacts such county law.
20 § 3. This act shall take effect immediately.
