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A04820 Summary:

A04820 Actions:

A04820 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/16/2023AYE/NAY:14/5  Action: Favorable refer to committee Codes        
Lavine
Aye
Tannousis
Nay
Zebrowski
Excused
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Steck
Aye
Brown
Aye
Seawright
Aye
Flood
Nay
Joyner
Aye
Wallace
Aye
Walker
Excused
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye
Simon
Aye
Sayegh
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/23/2023AYE/NAY:13/7  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Reilly
Nay
Cook
Absent
Mikulin
Nay
O'Donnell
Aye
Tannousis
Nay
Lavine
Aye
Curran
Nay
Weprin
Aye
Angelino
Nay
Hevesi
Aye
Flood
Nay
Seawright
Aye
Rosenthal
Aye
Walker
Excused
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/24/2023AYE/NAY:20/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Weinstein
Aye
Hawley
Excused
Pretlow
Aye
Giglio
Nay
Cook
Aye
Blankenbush
Nay
Glick
Aye
Norris
Nay
Aubry
Aye
Ra
Nay
Dinowitz
Aye
Brabenec
Nay
Colton
Aye
Palmesano
Nay
Magnarelli
Aye
Reilly
Nay
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Excused
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A04820 Floor Votes:

A04820 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4820
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 23, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  RIVERA,  BENEDETTO,  BRONSON, CLARK, COLTON,
          CONRAD, DE LOS SANTOS, DINOWITZ, GLICK, GONZALEZ-ROJAS, HEVESI,  JACK-
          SON,  JACOBSON,  LUNSFORD,  McDONOUGH,  MEEKS,  PEOPLES-STOKES, REYES,
          L. ROSENTHAL, SEAWRIGHT,  SEPTIMO,  SILLITTI,  SIMON,  STECK,  TAYLOR,
          THIELE -- read once and referred to the Committee on Judiciary

        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.
    19  New York state's older housing stock places residents at great  risk  of
    20  exposure to lead hazards, with low-income children living in older hous-
    21  ing  having  the highest risk of lead poisoning. Knowledge of lead-based
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02406-01-3
        A. 4820                             2
 
     1  paint hazards, their control, mitigation, abatement, and risk  avoidance
     2  is  not sufficiently widespread. In addition, while federal law requires
     3  the disclosure by sellers of real property of knowledge of the existence
     4  of  lead-based paint and lead-based paint hazards, and encourages poten-
     5  tial buyers to conduct inspections for  lead-based  paint,  these  mech-
     6  anisms  neither mandate that such inspections take place either by sell-
     7  ers  or  buyers.  This  gap  in  disclosure  requirements   results   in
     8  residential  property  being  transferred  without  any knowledge of the
     9  potential for such property to cause lead poisoning  and  the  attendant
    10  liabilities.
    11    Local  county  health  departments  lack  sufficient information as to
    12  which housing contains lead-based paint and the locations of such  lead-
    13  based paint, resulting in less cost-effective prevention of lead poison-
    14  ing,  avoidable  harm to children's health, and wasted public resources.
    15  The purposes of this act are to assure that  properties  that  have  not
    16  been  previously  tested for lead-based paint are not simply transferred
    17  to new owners without knowledge of whether  there  is  lead-based  paint
    18  present,  and  to  better utilize the existing federal laws that mandate
    19  disclosure of lead-based paint and lead-based paint hazards and  to  aid
    20  in  the  prevention  of lead poisoning.  This act is not intended to and
    21  does not diminish the responsibility of buyers to carefully examine  the
    22  property  which they intend to purchase and public records pertaining to
    23  the property. This act is not intended to and does  not  limit  existing
    24  responsibilities by a seller, buyer or agent concerning the condition of
    25  the  property or potential liabilities or remedies at law, statute or in
    26  equity.
    27    This act will significantly improve the transfer  process  and  better
    28  serve  the interests of all parties to a home purchase. It will increase
    29  clarity regarding the nature of the property and  will  provide  greater
    30  certainty  to contracts entered into by better informed buyers and sell-
    31  ers. As well, it will provide incentive to owners  to  voluntarily  test
    32  their property prior to sale.
    33    §  2.  The  real property law is amended by adding a new article 16 to
    34  read as follows:
    35                                 ARTICLE 16
    36                       LEAD-BASED PAINT DISCLOSURE ACT
    37  Section 520. Short title.
    38          521. Definitions.
    39          522. Inspection of  residential  real  property  for  lead-based
    40                 paint prior to transfer of title.
    41          523. Duty of agent.
    42          524. Liability.
    43    §  520.  Short  title. This article shall be known and may be cited as
    44  the "lead-based paint disclosure act".
    45    § 521. Definitions. As used in this article, the following terms shall
    46  have the following meanings:
    47    1. "Agent" shall mean a person who is licensed as a real estate broker
    48  or a real estate salesperson pursuant to section four hundred forty-a of
    49  this chapter and acting in a fiduciary capacity.
    50    2. "Binding contract of  sale"  shall  mean  a  real  estate  purchase
    51  contract  or offer that would, upon signing by the seller and subject to
    52  satisfaction of any contingencies, require the buyer to accept a  trans-
    53  fer of title.
    54    3.  "Broker"  shall  have  the  same  meaning  as "real estate broker"
    55  defined by section four hundred forty of this chapter.
        A. 4820                             3
 
     1    4. "Buyer" shall mean any  entity  that  enters  into  a  real  estate
     2  purchase  contract,  including  but not limited to individuals, partner-
     3  ships, corporations,  trusts,  government  agencies,  housing  agencies,
     4  Indian tribes, and nonprofit organizations.
     5    5.  "Lead-based paint" shall mean paint or other similar surface coat-
     6  ing material containing 1.0 milligrams of lead per square centimeter  or
     7  greater,  as determined by laboratory analysis of paint samples with all
     8  layers of paint present, or by an x-ray  fluorescence  analyzer.  If  an
     9  x-ray  fluorescence  analyzer  is  used, readings shall be corrected for
    10  substrate bias when necessary as specified by the performance character-
    11  istic sheets released by  the  United  States  environmental  protection
    12  agency and the United States department of housing and urban development
    13  for  the  specific  x-ray fluorescence analyzer used. X-ray fluorescence
    14  readings shall be classified as positive, negative  or  inconclusive  in
    15  accordance with the United States department of housing and urban devel-
    16  opment  guidelines  for  the  evaluation and control of lead-based paint
    17  hazards in housing (July 2012) or successor guidelines, and the perform-
    18  ance characteristic sheets released by the United  States  environmental
    19  protection  agency and the United States department of housing and urban
    20  development for the specific x-ray  fluorescence  analyzer  used.  X-ray
    21  fluorescence  readings that fall within the inconclusive zone, as deter-
    22  mined by the performance characteristic sheets, shall  be  confirmed  by
    23  laboratory  analysis of paint chips, results shall be reported in milli-
    24  grams of lead per square centimeter and the measure of  such  laboratory
    25  analysis  shall  be definitive. If laboratory analysis is used to deter-
    26  mine lead content, results shall be reported in milligrams of  lead  per
    27  square  centimeter. Where the surface area of a paint chip sample cannot
    28  be accurately measured or if an accurately measured  paint  chip  sample
    29  cannot  be  removed, a laboratory analysis may be reported in percent by
    30  weight. In such case, lead-based paint shall mean  any  paint  or  other
    31  similar  surface-coating  material containing more than 0.009 percent of
    32  metallic lead, based on the non-volatile content of the paint  or  other
    33  similar  surface-coating  material.  In the event that the United States
    34  environmental protection agency or a successor  agency,  or  the  United
    35  States  department of housing and urban development or a successor agen-
    36  cy, or a department or agency of the state of New York that has obtained
    37  applicable authorization pursuant to 40 C.F.R. part  745  subpart  Q  or
    38  successor  regulation,  adopts  more stringent definitions of lead-based
    39  paint, such more stringent definitions shall apply for the  purposes  of
    40  this article.
    41    6. "Real estate purchase contract" shall mean any of the following:
    42    (a) a contract which provides for the purchase and sale or exchange of
    43  residential real property;
    44    (b) a lease with an option to purchase residential real property;
    45    (c) a lease-with-obligation-to-purchase agreement for residential real
    46  property; or
    47    (d) an installment land sale contract for residential real property.
    48    7.  "Residential real property" shall mean real property improved by a
    49  residential dwelling erected prior to the year nineteen  hundred  seven-
    50  ty-eight.
    51    8. "Residential dwelling" shall mean a single-family dwelling, includ-
    52  ing  attached  structures such as porches and stoops, or a single-family
    53  dwelling unit within a structure that contains more  than  one  separate
    54  residential  dwelling  unit, used or occupied, or designed to be used or
    55  occupied, wholly or partly, as the home or  residence  of  one  or  more
    56  persons whether or not it was or will be occupied.
        A. 4820                             4

     1    9. "Seller" shall mean any entity that intends to engage in the trans-
     2  fer  of  title  to  a buyer of residential real property, in whole or in
     3  part, including but not limited  to  individuals,  partnerships,  corpo-
     4  rations,  trusts,  government agencies, housing agencies, Indian tribes,
     5  mortgage  banker, lender, and nonprofit organizations. The term "seller"
     6  also shall mean an entity that transfers shares in a cooperatively owned
     7  project.
     8    10. "Test for lead-based paint" shall mean a test for the presence  of
     9  lead-based paint that has been conducted through both a lead hazard risk
    10  assessment  and  a  lead-based  paint inspection as defined in 40 C.F.R.
    11  745.103, 24 C.F.R. 35.86, and the United States  department  of  housing
    12  and urban development guidelines for the evaluation and control of lead-
    13  based paint hazards in housing (July 2012), or successor regulations and
    14  guidelines,  and  a report prepared indicating the results of such test,
    15  including the locations where tests were performed for lead-based  paint
    16  and  lead-based  paint  hazards and the readings of all such tests. Such
    17  test shall not be valid unless performed by a person accredited pursuant
    18  to: (a)  certification  to  conduct  lead  hazard  risk  assessment  and
    19  inspections  by the United States environmental protection agency pursu-
    20  ant to 40 C.F.R. 745.226(b) or  successor  regulation;  or  (b)  certif-
    21  ication  by  a  state  or tribal program authorized by the United States
    22  environmental protection agency to certify individuals engaged in  lead-
    23  based  paint activities pursuant to 40 C.F.R. 745.325 or successor regu-
    24  lation or eligible to conduct the inspections required by this  article.
    25  For  multifamily  housing, the test must be conducted in accordance with
    26  the United States department of housing and urban development guidelines
    27  for the evaluation and control of lead-based paint  hazards  in  housing
    28  (July 2012), or successor guidelines.
    29    11.  "Transfer  of  title"  shall mean delivery of a properly executed
    30  instrument conveying  title  to  residential  real  property  and  shall
    31  include  delivery  of a real estate purchase contract that is a lease or
    32  installment land sale contract.
    33    § 522. Inspection of residential real property  for  lead-based  paint
    34  prior  to transfer of title. 1. (a) Effective August first, two thousand
    35  twenty-four, every seller of residential real  property  pursuant  to  a
    36  real  estate purchase contract shall deliver to a buyer or buyer's agent
    37  prior to the signing by the buyer  of  a  binding  contract  of  sale  a
    38  certificate that such property has been tested for lead-based paint, and
    39  provide  the  report  of such test. A copy of the certificate containing
    40  the signature of the seller and any report  of  a  test  for  lead-based
    41  paint  shall be attached to the real estate purchase contract. A copy of
    42  such certificate and report of such test and any subsequent  reports  of
    43  such  tests  shall  be  filed with the state department of health in the
    44  department of health in the county where such residential real  property
    45  is  located, and such certificate shall as well be filed with the office
    46  authorized under section three hundred seventy-two of this chapter to be
    47  registrar of title in the county where such real  property  is  located,
    48  and such office shall not accept for filing an instrument of transfer of
    49  title unless accompanied by such certificate where applicable.
    50    (b) The presentation of a certificate of such test by a prior owner of
    51  said  property  and  evidence of filing such certificate and report with
    52  the department of health in the county where such residential real prop-
    53  erty is located, shall be deemed to be in compliance with the provisions
    54  of this subdivision.
    55    (c) In the event the seller has not received  from  a  prior  owner  a
    56  certification and report of such tests as set forth in this subdivision,
        A. 4820                             5
 
     1  the  costs  of  testing  for  lead-based  paint and the preparation of a
     2  certificate and report thereof as provided in this subdivision shall  be
     3  deductible  by  the  transferor  or  grantor,  up  to the amount of five
     4  hundred dollars, or in a building with more than one dwelling unit up to
     5  four hundred dollars per dwelling unit tested, from the taxes imposed by
     6  sections fourteen hundred two and fourteen hundred two-a of the tax law.
     7  The transferor or grantor shall not be reimbursed for costs in excess of
     8  the  total  taxes  imposed by sections fourteen hundred two and fourteen
     9  hundred two-a of the tax law.
    10    2. Any provision in a real estate purchase contract or any other docu-
    11  ment related to the transfer of title in residential real property  that
    12  purports  to  waive any right created under state or federal law for the
    13  buyer to conduct a risk assessment or  inspection  of  the  property  to
    14  determine  the  presence  of  lead-based  paint  and/or lead-based paint
    15  hazards, or any oral agreement that purports to  waive  such  right,  is
    16  null  and void as against public policy, notwithstanding that such waiv-
    17  ers might otherwise be permitted by federal law.
    18    3. A certificate that such property has  been  tested  for  lead-based
    19  paint  shall  not  be  required  in connection with any of the following
    20  transfers of residential real property:
    21    (a) A transfer to a beneficiary of a deed of trust;
    22    (b) A transfer by a fiduciary in the course of the administration of a
    23  decedent's estate, a guardianship, a conservatorship, or a trust;
    24    (c) A transfer from one co-owner to one or more other co-owners;
    25    (d) A transfer made to the transferor's  spouse  or  to  one  or  more
    26  persons in the lineal consanguinity of one or more of the transferors;
    27    (e)  A  transfer  between  spouses  or former spouses as a result of a
    28  decree of divorce, dissolution of marriage, annulment,  or  legal  sepa-
    29  ration  or as a result of property settlement, agreement incidental to a
    30  decree of divorce, dissolution of marriage,  annulment  or  legal  sepa-
    31  ration;
    32    (f)  A  transfer  to or from the state, a political subdivision of the
    33  state, or another governmental entity;
    34    (g) A transfer by a sheriff;
    35    (h) A transfer pursuant to a partition action; or
    36    (i) A transfer of an unoccupied dwelling unit or residential  property
    37  that  is  to  be demolished, provided the dwelling unit or property will
    38  remain unoccupied until demolition and lead-safe work practices  enumer-
    39  ated  in  40  C.F.R.  745  and successor regulations, or more protective
    40  state law are followed during the demolition.
    41    4. Nothing contained in  this  article  is  intended  to  prevent  the
    42  parties  to a contract of sale from entering into agreements of any kind
    43  or nature with respect to the physical condition of the property  to  be
    44  sold,  including,  but  not  limited to, agreements for the sale of real
    45  property "as is".
    46    § 523. Duty of agent. An agent representing a  seller  of  residential
    47  real  property as a listing broker, or, if the seller is not represented
    48  by an agent, the agent representing the buyer of residential real  prop-
    49  erty and dealing with a prospective seller, shall have the duty to time-
    50  ly  (in  any  event,  before the buyer signs a binding contract of sale)
    51  inform each seller of the seller's obligations under  this  article.  An
    52  agent  representing  a  buyer  of  residential real property, or, if the
    53  buyer is not represented by an agent, the agent representing a seller of
    54  residential real property and dealing with a  prospective  buyer,  shall
    55  have  the duty to timely (in any event, before the buyer signs a binding
    56  contract of sale) inform such buyer of  the  buyer's  rights  and  obli-
        A. 4820                             6
 
     1  gations  under  this  article. If an agent performs the duties and obli-
     2  gations imposed upon him or her pursuant  to  this  section,  the  agent
     3  shall  have no further duties under this article and shall not be liable
     4  to  any  party  for a violation of this article. The department of state
     5  may, pursuant to section  four  hundred  forty-one-c  of  this  chapter,
     6  revoke or suspend the license of an agent who violates this article.
     7    § 524. Liability. Nothing contained in this article shall be construed
     8  as  limiting  any  existing  legal  cause of action or remedy at law, in
     9  statute or in equity.
    10    § 3. The real property law is amended by adding a new  section  235-aa
    11  to read as follows:
    12    § 235-aa. Disclosure of lead-based paint and lead-based paint hazards.
    13  1.  Prior  to  executing  a residential lease or rental agreement with a
    14  tenant, the owner of real property shall provide the tenant  a  copy  of
    15  all  reports  of a test for lead-based paint issued or prepared pursuant
    16  to section five hundred  twenty-two  of  this  chapter,  and  any  other
    17  report,  within  the  possession  or control of the owner, pertaining to
    18  lead-based paint or lead-based  paint  hazards  within  the  meaning  of
    19  section  4852d of title 42 of the United States Code and the regulations
    20  thereunder. Owners who deliver a disclosure form with all required docu-
    21  ments under the provisions of section 4852d of title 42  of  the  United
    22  States  Code  and  the  regulations  thereunder  shall be deemed to have
    23  complied with the requirements of this subdivision.
    24    2. Any agreement by a  lessee  or  tenant  of  premises  for  dwelling
    25  purposes  waiving  or  modifying  his or her rights as set forth in this
    26  section shall be void as contrary to public policy.
    27    3. An owner who violates this section shall  be  liable  for  a  civil
    28  penalty  not  to exceed ten thousand dollars, and in addition, a penalty
    29  to the tenant not to exceed the  equivalent  of  the  amount  of  rental
    30  payments  for  three  months  plus any attorney's fees.   The powers and
    31  remedies set forth in this section shall be in  addition  to  all  other
    32  existing  legal cause of action or remedy at law, in statute or in equi-
    33  ty.
    34    § 4. Subdivision 2 of section 462 of the real property law, as amended
    35  by chapter 690 of the laws of 2022, is amended to read as follows:
    36    2. The following shall be the disclosure form:
    37                   PROPERTY CONDITION DISCLOSURE STATEMENT
    38  NAME OF SELLER OR SELLERS:
    39  PROPERTY ADDRESS:
    40    THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF  RESIDEN-
    41  TIAL  REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
    42  TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY  THE
    43  BUYER OF A BINDING CONTRACT OF SALE.
    44    PURPOSE  OF  STATEMENT:  THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
    45  INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
    46  STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR  BY  ANY  AGENT
    47  REPRESENTING  THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
    48  ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO  OBTAIN  HIS  OR
    49  HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
    50  ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
    51    A  KNOWINGLY  FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
    52  MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER  PRIOR  TO  OR  AFTER  THE
    53  TRANSFER  OF  TITLE.    IN  THE EVENT A SELLER FAILS TO PERFORM THE DUTY
    54  PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE  STATEMENT  PRIOR  TO
    55  THE  SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
        A. 4820                             7
 
     1  RECEIVE UPON THE TRANSFER OF TITLE A  CREDIT  OF  FIVE  HUNDRED  DOLLARS
     2  AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
     3    "RESIDENTIAL  REAL  PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
     4  FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED  OR  OCCU-
     5  PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
     6  BUT  SHALL  NOT  REFER  TO  (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
     7  DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR  COOPERATIVE
     8  APARTMENTS  OR  (C)  PROPERTY  ON  A HOMEOWNERS' ASSOCIATION THAT IS NOT
     9  OWNED IN FEE SIMPLE BY THE SELLER.
 
    10  INSTRUCTIONS TO THE SELLER:
    11    (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
    12    (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
    13  REQUIRED.
    14    (c) COMPLETE THIS FORM YOURSELF.
    15    (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK  "NA"  (NON-AP-
    16  PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
 
    17    SELLER'S  STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
    18  THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF  SIGN-
    19  ING  THIS  DOCUMENT.  THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
    20  PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE  RESIDEN-
    21  TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
    22  AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
    23  GENERAL INFORMATION
    24    1. HOW LONG HAVE YOU OWNED THE PROPERTY?
    25    2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
    26    3. WHAT  IS  THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
    27       THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO  INVESTI-
    28       GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW
    29       YORK  REAL  PROPERTY LAW REQUIRES THE SELLER TO PRODUCE THE RESULTS
    30       OF A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT  SUCH
    31       TEST IF NOT PREVIOUSLY PERFORMED.
    32    4. DOES  ANYBODY  OTHER  THAN  YOURSELF  HAVE A LEASE, EASEMENT OR ANY
    33       OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY  OTHER  THAN
    34       THOSE  STATED  IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
    35       RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
    36    5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?   YES  NO
    37       UNKN NA (IF YES, EXPLAIN BELOW)
    38    6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
    39       CLAIM  CHALLENGING  YOUR  TITLE TO THE PROPERTY? YES NO UNKN NA (IF
    40       YES, EXPLAIN BELOW)
    41    7. ARE THERE ANY FEATURES  OF  THE  PROPERTY  SHARED  IN  COMMON  WITH
    42       ADJOINING  LAND  OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
    43       FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
    44    8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES  FOR  LINE  EXTEN-
    45       SIONS,  SPECIAL  ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
    46       THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    47    9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?    YES
    48       NO UNKN NA (IF NO, EXPLAIN BELOW)
 
    49  ENVIRONMENTAL
    50    NOTE  TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
    51  ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT  YOU  KNOW
    52  TO  HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
    53  OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY.  PETROLEUM  PRODUCTS  MAY
        A. 4820                             8
 
     1  INCLUDE,  BUT  ARE  NOT  LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
     2  FUEL, AND LUBRICANTS. HAZARDOUS OR  TOXIC  SUBSTANCES  ARE  PRODUCTS  OR
     3  OTHER  MATERIAL  THAT  COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
     4  HEALTH  OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
     5  OR STORED.  THESE INCLUDE, BUT ARE NOT LIMITED TO,  FERTILIZERS,  PESTI-
     6  CIDES  AND  INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
     7  AND WOOD PRESERVATIVES, TREATED WOOD,  CONSTRUCTION  MATERIALS  SUCH  AS
     8  ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
     9  BATTERIES,  CLEANING  SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
    10  CLEANERS, POOL CHEMICALS,  PRODUCTS  CONTAINING  MERCURY  AND  LEAD  AND
    11  INDOOR MOLD.
 
    12    NOTE  TO  BUYER  -  IF  CONTAMINATION  OF THIS PROPERTY FROM PETROLEUM
    13  PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO  YOU,  YOU
    14  ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.  IF
    15  LEAD  IN  DRINKING  WATER IS A CONCERN TO YOU, YOU ARE URGED TO HAVE THE
    16  PLUMBING EXAMINED, INCLUDING THE SERVICE LINE.
 
    17    10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED  FLOODPLAIN?
    18        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    19    11. IS  ANY  OR  ALL  OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
    20        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    21    12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL  DISTRICT?    YES    NO
    22        UNKN  NA (IF YES, EXPLAIN BELOW)
    23    13. WAS  THE  PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO  UNKN  NA
    24        (IF YES, EXPLAIN BELOW)
    25    14. ARE THERE OR HAVE THERE EVER BEEN  FUEL  STORAGE  TANKS  ABOVE  OR
    26        BELOW  THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES, ARE
    27        THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
    28        OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    29    15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES,  STATE
    30        LOCATION OR LOCATIONS BELOW)
    31    16. IS  LEAD  PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
    32        OR LOCATIONS BELOW)
    33    17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A  COPY
    34        OF THE REPORT)
    35    18. HAS  MOTOR  FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
    36        ANY OTHER PETROLEUM PRODUCT, METHANE  GAS,  OR  ANY  HAZARDOUS  OR
    37        TOXIC  SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
    38        PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY?    YES  NO
    39        UNKN NA (IF YES, DESCRIBE BELOW)
    40    19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
    41        OIL,  HOME  HEATING  FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
    42        PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES  NO
    43        UNKN NA (IF YES, ATTACH REPORT(S))
    44    19-a.    HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF
    45        YES, ATTACH A COPY OF THE REPORT)
 
    46  STRUCTURAL
    47    20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?
    48        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    49    21. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
    50        YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    51    22. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR
    52        DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
        A. 4820                             9
 
     1    23. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
     2        INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH
     3        REPORT(S))
     4    24. WHAT  IS  THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
     5        ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
     6        FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO  UNKN  NA  (IF
     7        YES, EXPLAIN BELOW)
     8    25. ARE  THERE  ANY  KNOWN  MATERIAL  DEFECTS  IN ANY OF THE FOLLOWING
     9        STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS  OR
    10        PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)
 
    11  MECHANICAL SYSTEMS & SERVICES
    12    26. WHAT  IS  THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
    13        MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
    14    27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
    15        (IF YES, DESCRIBE BELOW)
    16    28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -  PUBLIC
    17        SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,
    18        AGE?  ________  DATE  LAST  PUMPED? ________ FREQUENCY OF PUMPING?
    19        ________ ANY KNOWN MATERIAL DEFECTS?   YES NO  UNKN  NA  (IF  YES,
    20        EXPLAIN BELOW)
    21    29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
    22        AGE?  ________  DOES  IT  HAVE CIRCUIT BREAKERS OR FUSES? ________
    23        PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS?  YES
    24        NO UNKN NA (IF YES, EXPLAIN BELOW)
    25    30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
    26        IN  STANDING  WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
    27        (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
    28    31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
    29        NO UNKN NA (IF YES, EXPLAIN BELOW)
    30        ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE  FOLLOWING  (IF
    31        YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
    32    32. PLUMBING SYSTEM?            YES NO UNKN NA
    33    33. SECURITY SYSTEM?            YES NO UNKN NA
    34    34. CARBON MONOXIDE DETECTOR?   YES NO UNKN NA
    35    35. SMOKE DETECTOR?             YES NO UNKN NA
    36    36. FIRE SPRINKLER SYSTEM?      YES NO UNKN NA
    37    37. SUMP PUMP?                  YES NO UNKN NA
    38    38. FOUNDATION/SLAB?            YES NO UNKN NA
    39    39. INTERIOR WALLS/CEILINGS?    YES NO UNKN NA
    40    40. EXTERIOR WALLS OR SIDING?   YES NO UNKN NA
    41    41. FLOORS?                     YES NO UNKN NA
    42    42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
    43    43. PATIO/DECK?                 YES NO UNKN NA
    44    44. DRIVEWAY?                   YES NO UNKN NA
    45    45. AIR CONDITIONER?            YES NO UNKN NA
    46    46. HEATING SYSTEM?             YES NO UNKN NA
    47    47. HOT WATER HEATER?           YES NO UNKN NA
    48    48. THE  PROPERTY  IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT    UNKN
    49       NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC  RECORDS  CONCERNING  THE
    50       PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
    51    THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
    52  NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
    53  TIONAL PAGES ATTACHED.
    54    ______________________________________________________________
    55    ______________________________________________________________
        A. 4820                            10
 
     1    ______________________________________________________________
     2    ______________________________________________________________
     3    SELLER'S  CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
     4  PROPERTY CONDITION DISCLOSURE STATEMENT IS  TRUE  AND  COMPLETE  TO  THE
     5  SELLER'S  ACTUAL  KNOWLEDGE  AS  OF  THE DATE SIGNED BY THE SELLER. IF A
     6  SELLER OF RESIDENTIAL REAL PROPERTY  ACQUIRES  KNOWLEDGE  WHICH  RENDERS
     7  MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
     8  PREVIOUSLY,  THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY CONDITION
     9  DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN  NO  EVENT,
    10  HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
    11  TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
    12  THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
    13    SELLER__________ DATE___________
    14    SELLER__________ DATE___________
    15    BUYER'S  ACKNOWLEDGMENT:  BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
    16  STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT  OF
    17  CERTAIN  CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
    18  SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
    19  AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR  OTHER  INSPECTIONS
    20  OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
    21    BUYER__________ DATE__________
    22    BUYER__________ DATE _________
 
    23    §  5.  This  act  shall take effect August 1, 2024; provided, however,
    24  that if chapter 690 of the laws of 2022 shall not have taken  effect  on
    25  or  before  such date then section four of this act shall take effect on
    26  the same date and in the same manner as such  chapter  of  the  laws  of
    27  2022,  takes  effect.  Effective  immediately,  the addition, amendment,
    28  and/or repeal of any rule or regulation necessary for the implementation
    29  of this act on  its  effective  date  are  authorized  to  be  made  and
    30  completed on or before such effective date.