STATE OF NEW YORK
________________________________________________________________________
7737
2009-2010 Regular Sessions
IN ASSEMBLY
April 23, 2009
___________
Introduced by M. of A. SKARTADOS -- (at request of the Consumer
Protection Board) -- read once and referred to the Committee on Energy
AN ACT to amend the energy law, in relation to increasing truth in heat-
ing penalties; and to amend the real property law, in relation to
amending the enhanced property disclosure statement
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 3 of section 17-103 of the
2 energy law, as amended by chapter 19 of the laws of 1990, is amended to
3 read as follows:
4 (a) The maximum penalty which may be recovered pursuant to section
5 5-119 of this chapter, for a violation of this section by any seller,
6 lessor or vendor shall be [one] five hundred dollars for each separate
7 and distinct violation; provided, however, that (i) a seller shall not
8 be in violation of this section due to the failure by a vendor to
9 furnish heating and/or cooling bills upon receipt of such a request by
10 the seller, and (ii) a lessor shall not be in violation of this section
11 if the lessor commenced an act to obtain immediately the heating and/or
12 cooling bills upon receiving notice that the structure was to be vacated
13 and had not yet received such bills from the vendor.
14 § 2. Section 462 of the real property law, as added by chapter 456 of
15 the laws of 2001, is amended to read as follows:
16 § 462. Property condition disclosure statement. 1. Except as is
17 provided in section four hundred sixty-three of this article, every
18 seller of residential real property pursuant to a real estate purchase
19 contract shall complete and sign a property condition disclosure state-
20 ment as prescribed by subdivision two of this section and cause it, or a
21 copy thereof, to be delivered to a buyer or buyer's agent prior to the
22 signing by the buyer of a binding contract of sale. A copy of the prop-
23 erty condition disclosure statement containing the signatures of both
24 seller and buyer shall be attached to the real estate purchase contract.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08168-01-9
A. 7737 2
1 Nothing contained in this article or this disclosure statement is
2 intended to prevent the parties to a contract of sale from entering into
3 agreements of any kind or nature with respect to the physical condition
4 of the property to be sold, including, but not limited to, agreements
5 for the sale of real property "as is".
6 2. The following shall be the disclosure form:
7 PROPERTY CONDITION DISCLOSURE STATEMENT
8 NAME OF SELLER OR SELLERS:
9 PROPERTY ADDRESS:
10 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
11 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
12 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
13 BUYER OF A BINDING CONTRACT OF SALE.
14 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
15 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
16 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
17 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
18 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
19 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
20 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
21 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
22 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
23 TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY
24 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
25 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
26 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS
27 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
28 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
29 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
30 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
31 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
32 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
33 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT
34 OWNED IN FEE SIMPLE BY THE SELLER.
35 INSTRUCTIONS TO THE SELLER:
36 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
37 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
38 REQUIRED.
39 (c) COMPLETE THIS FORM YOURSELF.
40 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
41 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
42 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
43 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
44 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
45 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
46 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
47 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
48 GENERAL INFORMATION
49 1. HOW LONG HAVE YOU OWNED THE PROPERTY?
A. 7737 3
1 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
2 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
3 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
4 GATE FOR THE PRESENCE OF LEAD BASED PAINT.
5 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY
6 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
7 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
8 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
9 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO
10 UNKN NA (IF YES, EXPLAIN BELOW)
11 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
12 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF
13 YES, EXPLAIN BELOW)
14 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH
15 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
16 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
17 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
18 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
19 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
20 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES
21 NO UNKN NA (IF NO, EXPLAIN BELOW)
22 ENVIRONMENTAL
23 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
24 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
25 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
26 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
27 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
28 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT
29 COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON-
30 MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED OR STORED. THESE
31 INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI-
32 CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA-
33 TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING
34 MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING
35 SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD CLEANERS AND POOL
36 CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.
37 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM
38 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
39 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
40 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN?
41 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
42 11. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
43 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
44 12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO
45 UNKN NA (IF YES, EXPLAIN BELOW)
46 13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA
47 (IF YES, EXPLAIN BELOW)
48 14. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR
49 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE
50 THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
51 OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
52 15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
53 LOCATION OR LOCATIONS BELOW)
A. 7737 4
1 16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
2 OR LOCATIONS BELOW)
3 17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
4 OF THE REPORT)
5 18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
6 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR
7 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
8 PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO
9 UNKN NA (IF YES, DESCRIBE BELOW)
10 19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
11 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
12 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO
13 UNKN NA (IF YES, ATTACH REPORT(S))
14 STRUCTURAL
15 20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
16 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
17 21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
18 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
19 22. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR
20 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
21 23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
22 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH
23 REPORT(S))
24 24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
25 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
26 FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF
27 YES, EXPLAIN BELOW)
28 25. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING
29 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
30 PARTITIONS[.]? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
31 MECHANICAL SYSTEMS & SERVICES
32 26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
33 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
34 27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
35 (IF YES, DESCRIBE BELOW)
36 28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC
37 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL,
38 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING?
39 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES,
40 EXPLAIN BELOW)
41 29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
42 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________
43 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES
44 NO UNKN NA (IF YES, EXPLAIN BELOW)
45 30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
46 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
47 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
48 31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES
49 NO UNKN NA (IF YES, EXPLAIN BELOW)
50 32. ARE APPLIANCES INCLUDED IN THE SALE OF THE PROPERTY? YES NO UNKN
51 NA (IF YES, IDENTIFY SUCH APPLIANCES AND PROVIDE ITS ENERGY EFFI-
52 CIENCY STATUS, IF KNOWN, BELOW)
A. 7737 5
1 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
2 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
3 [32.] 33. PLUMBING SYSTEM? YES NO UNKN NA
4 [33.] 34. SECURITY SYSTEM? YES NO UNKN NA
5 [34.] 35. CARBON MONOXIDE DETECTOR? YES NO UNKN NA
6 [35.] 36. SMOKE DETECTOR? YES NO UNKN NA
7 [36.] 37. FIRE SPRINKLER SYSTEM? YES NO UNKN NA
8 [37.] 38. SUMP PUMP? YES NO UNKN NA
9 [38.] 39. FOUNDATION/SLAB? YES NO UNKN NA
10 [39.] 40. INTERIOR WALLS/CEILINGS? YES NO UNKN NA
11 [40.] 41. EXTERIOR WALLS OR SIDING? YES NO UNKN NA
12 [41.] 42. FLOORS? YES NO UNKN NA
13 [42.] 43. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
14 [43.] 44. PATIO/DECK? YES NO UNKN NA
15 [44.] 45. DRIVEWAY? YES NO UNKN NA
16 [45.] 46. AIR CONDITIONER? YES NO UNKN NA
17 [46.] 47. HEATING SYSTEM? YES NO UNKN NA
18 [47.] 48. HOT WATER HEATER? YES NO UNKN NA
19 [48.] 49. THE PROPERTY IS LOCATED IN THE
20 FOLLOWING SCHOOL DISTRICT UNKN
21 NOTE: UNDER THE TRUTH IN HEATING LAW, AS PROVIDED IN § 17-103 OF THE
22 ENERGY LAW, PRIOR TO ENTERING INTO A PURCHASING CONTRACT, A BUYER IS
23 ENTITLED UPON WRITTEN REQUEST TO RECEIVE (1) ALL FUEL AND/OR UTILITY
24 BILLS ASSOCIATED WITH THE PROPERTY FOR THE PREVIOUS TWO YEARS AND (2)
25 ANY AVAILABLE INFORMATION ON THE TYPE AND AREAS OF INSULATION CONTAINED
26 WITHIN THE STRUCTURE. IF THE SELLER DOES NOT HAVE SUCH BILL HISTORY
27 AVAILABLE, THE PROPERTY'S RETAIL FUEL VENDOR AND/OR UTILITY SERVICE
28 PROVIDER MUST PROVIDE THE RECORDS UPON THE SELLER'S REQUEST, AS PROVIDED
29 IN § 17-103 OF THE ENERGY LAW. BUYER IS ENCOURAGED TO CHECK PUBLIC
30 RECORDS CONCERNING THE PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD
31 PLAIN MAPS)
32 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
33 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
34 TIONAL PAGES ATTACHED.
35 ______________________________________________________________________
36 ______________________________________________________________________
37 ______________________________________________________________________
38 ______________________________________________________________________
39 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
40 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE
41 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A
42 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
43 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
44 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION
45 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
46 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
47 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
48 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
49 SELLER _______________________________________ DATE ________________
50 SELLER _______________________________________ DATE ________________
A. 7737 6
1 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
2 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
3 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
4 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
5 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
6 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
7 BUYER _______________________________________ DATE ________________
8 BUYER _______________________________________ DATE ________________
9 3. Nothing in this article shall require a seller to undertake or
10 provide for any investigation or inspection of his or her residential
11 real property or to check any public records.
12 § 3. This act shall take effect immediately; provided, however, that
13 section two of this act shall take effect on the one hundred twentieth
14 day after it shall have become a law.
