Bill Text: NY A06575 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires testing for radon and disclosure of test results before the sale of real property.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A06575 Detail]
Download: New_York-2017-A06575-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6575 2017-2018 Regular Sessions IN ASSEMBLY March 9, 2017 ___________ Introduced by M. of A. O'DONNELL -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to requiring testing for radon before the sale of real property The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 240 of the real property law is amended by adding a 2 new subdivision 5 to read as follows: 3 5. The term "certified radon inspector", as used in this article, 4 shall mean a person certified by the American association of radon 5 scientists and technologists, national radon safety board, state of New 6 Jersey, or state of Pennsylvania in the use of equipment for the 7 collection of samples for radon testing. 8 § 2. Section 242 of the real property law is amended by adding a new 9 subdivision 5 to read as follows: 10 5. Disclosure prior to the sale of real property of results of a test 11 for radon. Any person, firm, company, partnership or corporation offer- 12 ing to sell real property shall have the property tested for radon by 13 having a certified radon inspector collect a sample and the sample being 14 sent to an environmental laboratory approval program certified lab for 15 testing. The person, firm, company, partnership or corporation offering 16 to sell the real property shall provide the results of the radon testing 17 in writing to the prospective purchaser or the prospective purchaser's 18 agent. 19 § 3. Subdivision 4 of section 444-b of the real property law, as 20 amended by section 57 of part D of chapter 60 of the laws of 2012, is 21 amended to read as follows: 22 4. "Home inspection" means the process by which a home inspector 23 observes and provides a written report of the systems and components of 24 a residential building including but not limited to heating system, 25 cooling system, plumbing system, electrical system, structural compo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10446-01-7A. 6575 2 1 nents, foundation, roof, masonry structure, exterior and interior compo- 2 nents or any other related residential building component as recommended 3 or required by the department through regulation to provide a client 4 with objective information about the condition of the residential build- 5 ing. The home inspector shall clearly identify in the written report 6 which systems and components of the residential building were observed. 7 A home inspection shall not include an inspection for [radon or] pests. 8 § 4. Subdivision 2 of section 462 of the real property law, as added 9 by chapter 456 of the laws of 2001, is amended to read as follows: 10 2. The following shall be the disclosure form: 11 PROPERTY CONDITION DISCLOSURE STATEMENT 12 NAME OF SELLER OR SELLERS: 13 PROPERTY ADDRESS: 14 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN- 15 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF 16 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE 17 BUYER OF A BINDING CONTRACT OF SALE. 18 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND 19 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE 20 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT 21 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR 22 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR 23 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND 24 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY. 25 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM 26 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE 27 TRANSFER OF TITLE. IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY 28 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO 29 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL 30 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS 31 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY. 32 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO 33 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU- 34 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS, 35 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH 36 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE 37 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT 38 OWNED IN FEE SIMPLE BY THE SELLER. 39 INSTRUCTIONS TO THE SELLER: 40 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE. 41 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS 42 REQUIRED. 43 (c) COMPLETE THIS FORM YOURSELF. 44 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP- 45 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN). 46 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO 47 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN- 48 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO 49 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-A. 6575 3 1 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER 2 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT. 3 GENERAL INFORMATION 4 1. HOW LONG HAVE YOU OWNED THE PROPERTY? 5 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY? 6 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF 7 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI- 8 GATE FOR THE PRESENCE OF LEAD BASED PAINT. 9 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY 10 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN 11 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS 12 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA 13 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO 14 UNKN NA (IF YES, EXPLAIN BELOW) 15 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL 16 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF 17 YES, EXPLAIN BELOW) 18 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH 19 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS, 20 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW) 21 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN- 22 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES 23 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 24 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES 25 NO UNKN NA (IF NO, EXPLAIN BELOW) 26 ENVIRONMENTAL 27 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD- 28 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW 29 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY 30 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY 31 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING 32 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT 33 COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON- 34 MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED OR STORED. THESE 35 INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI- 36 CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA- 37 TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING 38 MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING 39 SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD CLEANERS AND POOL 40 CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD. 41 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM 42 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU 43 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. 44 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED FLOODPLAIN? 45 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 46 11. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND? 47 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 48 12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO 49 UNKN NA (IF YES, EXPLAIN BELOW) 50 13. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA 51 (IF YES, EXPLAIN BELOW)A. 6575 4 1 14. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR 2 BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES, ARE 3 THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING 4 OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 5 15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE 6 LOCATION OR LOCATIONS BELOW) 7 16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION 8 OR LOCATIONS BELOW) 9 17. HAS A RADON TEST BEEN DONE AS REQUIRED BY LAW? YES NO UNKN NA (IF 10 YES, ATTACH A COPY OF THE REPORT) 11 18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR 12 ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR 13 TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE 14 PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO 15 UNKN NA (IF YES, DESCRIBE BELOW) 16 19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR 17 OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM 18 PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO 19 UNKN NA (IF YES, ATTACH REPORT(S)) 20 STRUCTURAL 21 20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES? 22 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 23 21. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES? 24 YES NO UNKN NA (IF YES, EXPLAIN BELOW) 25 22. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR 26 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW) 27 23. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST 28 INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH 29 REPORT(S)) 30 24. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)? 31 ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS- 32 FERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF 33 YES, EXPLAIN BELOW) 34 25. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING 35 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR 36 PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW) 37 MECHANICAL SYSTEMS & SERVICES 38 26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE, 39 MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA 40 27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA 41 (IF YES, DESCRIBE BELOW) 42 28. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC 43 SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL, 44 AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING? 45 ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES, 46 EXPLAIN BELOW) 47 29. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER- 48 AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________ 49 PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES 50 NO UNKN NA (IF YES, EXPLAIN BELOW) 51 30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED 52 IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA 53 (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)A. 6575 5 1 31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES 2 NO UNKN NA (IF YES, EXPLAIN BELOW) 3 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES, 4 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.): 5 32. PLUMBING SYSTEM? YES NO UNKN NA 6 33. SECURITY SYSTEM? YES NO UNKN NA 7 34. CARBON MONOXIDE DETECTOR? YES NO UNKN NA 8 35. SMOKE DETECTOR? YES NO UNKN NA 9 36. FIRE SPRINKLER SYSTEM? YES NO UNKN NA 10 37. SUMP PUMP? YES NO UNKN NA 11 38. FOUNDATION/SLAB? YES NO UNKN NA 12 39. INTERIOR WALLS/CEILINGS? YES NO UNKN NA 13 40. EXTERIOR WALLS OR SIDING? YES NO UNKN NA 14 41. FLOORS? YES NO UNKN NA 15 42. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA 16 43. PATIO/DECK? YES NO UNKN NA 17 44. DRIVEWAY? YES NO UNKN NA 18 45. AIR CONDITIONER? YES NO UNKN NA 19 46. HEATING SYSTEM? YES NO UNKN NA 20 47. HOT WATER HEATER? YES NO UNKN NA 21 48. THE PROPERTY IS LOCATED IN THE 22 FOLLOWING SCHOOL DISTRICT UNKN 23 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP- 24 ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS) 25 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF 26 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI- 27 TIONAL PAGES ATTACHED. 28 ______________________________________________________________________ 29 ______________________________________________________________________ 30 ______________________________________________________________________ 31 ______________________________________________________________________ 32 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS 33 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE 34 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A 35 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS 36 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED 37 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION 38 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT, 39 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI- 40 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO 41 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER. 42 SELLER _______________________________________ DATE ________________ 43 SELLER _______________________________________ DATE ________________ 44 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS 45 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF 46 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE 47 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT 48 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST[, RADON] OR OTHER INSPECTIONS 49 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.A. 6575 6 1 BUYER _______________________________________ DATE ________________ 2 BUYER _______________________________________ DATE ________________ 3 § 5. This act shall take effect immediately.
