Bill Text: NY A06936 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires landowners to disclose if property has ever been contaminated from methamphetamines before sale or lease.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A06936 Detail]

Download: New_York-2019-A06936-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6936
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 27, 2019
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Judiciary
        AN  ACT  to  amend  the  real property law, in relation to requiring the
          owner or landlord of a property to disclose whether property has  ever
          been  used  as  a  methamphetamine lab before such property is sold or
          leased
          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 "contaminated" as used in this article means that a prop-
     4  erty is polluted  by  hazardous  materials  as  a  result  of  the  use,
     5  production, or presence of methamphetamine.
     6    § 2. The real property law is amended by adding a new section 231-b to
     7  read as follows:
     8    §  231-b. Disclosure of methamphetamine contaminated property.  1. The
     9  term "contaminated" as used in this section means  that  a  property  is
    10  polluted  by  hazardous materials as a result of the use, production, or
    11  presence of methamphetamine.
    12    2. If a lessor offering to rent real  property  has  actual  knowledge
    13  that  the  property is or has ever been contaminated from the use, stor-
    14  age, or manufacture of methamphetamines, the  lessor  shall  inform  any
    15  potential  lessee of the existence of such contamination prior to enter-
    16  ing into a contract for the lease of such property.
    17    § 3. Section 242 of the real property law is amended by adding  a  new
    18  subdivision 5 to read as follows:
    19    5.  Any  person, firm, company, partnership or corporation offering to
    20  sell real property has actual knowledge that the property is or has ever
    21  been contaminated from the use, storage, or manufacture of  methampheta-
    22  mines,  the  owner  shall  inform any purchaser of the existence of such
    23  contamination prior to entering into a contract for the sale/purchase of
    24  such property.
    25    § 4. Subdivision 2 of section 462 of the real property law,  as  added
    26  by chapter 456 of the laws of 2001, is amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10335-01-9

        A. 6936                             2
     1    2. The following shall be the disclosure form:
     2                   PROPERTY CONDITION DISCLOSURE STATEMENT
     3  NAME OF SELLER OR SELLERS:
     4  PROPERTY ADDRESS:
     5    THE  PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
     6  TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY  THEREOF
     7  TO  BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
     8  BUYER OF A BINDING CONTRACT OF SALE.
     9    PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
    10  INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
    11  STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
    12  REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
    13  ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
    14  HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
    15  ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
    16    A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
    17  MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
    18  TRANSFER OF TITLE. IN THE EVENT A  SELLER  FAILS  TO  PERFORM  THE  DUTY
    19  PRESCRIBED  IN  THIS  ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
    20  THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER  SHALL
    21  RECEIVE  UPON  THE  TRANSFER  OF  TITLE A CREDIT OF FIVE HUNDRED DOLLARS
    22  AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.
    23    "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A  ONE  TO
    24  FOUR  FAMILY  DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
    25  PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
    26  BUT SHALL NOT REFER TO (A) UNIMPROVED  REAL  PROPERTY  UPON  WHICH  SUCH
    27  DWELLINGS  ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
    28  APARTMENTS OR (C) PROPERTY ON A  HOMEOWNERS'  ASSOCIATION  THAT  IS  NOT
    29  OWNED IN FEE SIMPLE BY THE SELLER.
    30  INSTRUCTIONS TO THE SELLER:
    31    (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
    32    (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
    33  REQUIRED.
    34    (c) COMPLETE THIS FORM YOURSELF.
    35    (d)  IF  SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
    36  PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
    37    SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS  TO
    38  THE  BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
    39  ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT,  IF  ANY,  TO
    40  PROVIDE  A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
    41  TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
    42  AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
    43  GENERAL INFORMATION
    44    1. HOW LONG HAVE YOU OWNED THE PROPERTY?
    45    2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
    46    3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE  TO  BUYER--IF
    47       THE  STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
    48       GATE FOR THE PRESENCE OF LEAD BASED PAINT.

        A. 6936                             3
     1    4. DOES ANYBODY OTHER THAN YOURSELF HAVE  A  LEASE,  EASEMENT  OR  ANY
     2       OTHER  RIGHT  TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
     3       THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD,  SUCH  AS
     4       RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
     5    5. DOES  ANYBODY  ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?  YES NO
     6       UNKN NA (IF YES, EXPLAIN BELOW)
     7    6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
     8       CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO  UNKN  NA  (IF
     9       YES, EXPLAIN BELOW)
    10    7. ARE  THERE  ANY  FEATURES  OF  THE  PROPERTY  SHARED IN COMMON WITH
    11       ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH  AS  WALLS,
    12       FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
    13    8. ARE  THERE  ANY  ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
    14       SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER  ASSOCIATION  FEES
    15       THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    16    9. ARE  THERE  CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?  YES
    17       NO UNKN NA (IF NO, EXPLAIN BELOW)
    18  ENVIRONMENTAL
    19    NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS  REGARD-
    20  ING  PETROLEUM  PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
    21  TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE  PROPERTY
    22  OR  FROM  THE  PROPERTY  ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
    23  INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE,  DIESEL  FUEL,  HOME  HEATING
    24  FUEL,  AND  LUBRICANTS.  HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT
    25  COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON-
    26  MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED  OR  STORED.    THESE
    27  INCLUDE,  BUT  ARE  NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI-
    28  CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA-
    29  TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND  ROOFING
    30  MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING
    31  SOLVENTS  INCLUDING  SEPTIC  TANK  CLEANERS, HOUSEHOLD CLEANERS AND POOL
    32  CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.
    33    NOTE TO BUYER - IF  CONTAMINATION  OF  THIS  PROPERTY  FROM  PETROLEUM
    34  PRODUCTS  AND/OR  HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
    35  ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
    36    10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED  FLOODPLAIN?
    37        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    38    11. IS  ANY  OR  ALL  OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
    39        YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)
    40    12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL  DISTRICT?    YES    NO
    41        UNKN  NA (IF YES, EXPLAIN BELOW)
    42    13. WAS  THE  PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO  UNKN  NA
    43        (IF YES, EXPLAIN BELOW)
    44    14. ARE THERE OR HAVE THERE EVER BEEN  FUEL  STORAGE  TANKS  ABOVE  OR
    45        BELOW  THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES, ARE
    46        THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING
    47        OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    48    15. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES,  STATE
    49        LOCATION OR LOCATIONS BELOW)
    50    16. IS  LEAD  PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
    51        OR LOCATIONS BELOW)
    52    17. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A  COPY
    53        OF THE REPORT)

        A. 6936                             4
     1    18. HAS  MOTOR  FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
     2        ANY OTHER PETROLEUM PRODUCT, METHANE  GAS,  OR  ANY  HAZARDOUS  OR
     3        TOXIC  SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE
     4        PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER  PROPERTY?    YES  NO
     5        UNKN NA (IF YES, DESCRIBE BELOW)
     6    19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
     7        OIL,  HOME  HEATING  FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
     8        PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES  NO
     9        UNKN NA (IF YES, ATTACH REPORT(S))
    10    20.  IS OR HAS THE PROPERTY EVER BEEN CONTAMINATED FROM THE USE, STOR-
    11        AGE, OR MANUFACTURE OF METHAMPHETAMINES? YES NO UNKN
    12  STRUCTURAL
    13    [20.] 21. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR  STRUC-
    14        TURES?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    15    [21.] 22. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUC-
    16        TURES?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    17    [22.]  23. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR
    18        DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    19    [23.] 24. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT  OR
    20        PEST  INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH
    21        REPORT(S))
    22    [24.] 25. WHAT IS THE TYPE  OF  ROOF/ROOF  COVERING  (SLATE,  ASPHALT,
    23        OTHER.)? ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE
    24        A TRANSFERABLE WARRANTEE ON THE ROOF IN EFFECT NOW? YES NO UNKN NA
    25        (IF YES, EXPLAIN BELOW)
    26    [25.] 26. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING
    27        STRUCTURAL  SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
    28        PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    29  MECHANICAL SYSTEMS & SERVICES
    30    [26.] 27. WHAT IS THE WATER SOURCE (CIRCLE  ALL  THAT  APPLY  -  WELL,
    31        PRIVATE,  MUNICIPAL,  OTHER)?  IF MUNICIPAL, IS IT METERED? YES NO
    32        UNKN NA
    33    [27.] 28. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED?  YES  NO
    34        UNKN NA (IF YES, DESCRIBE BELOW)
    35    [28.]  29.  WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -
    36        PUBLIC SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?   IF  SEPTIC  OR
    37        CESSPOOL,  AGE?  ________  DATE LAST PUMPED? ________ FREQUENCY OF
    38        PUMPING? ________ ANY KNOWN MATERIAL DEFECTS?  YES NO UNKN NA  (IF
    39        YES, EXPLAIN BELOW)
    40    [29.]  30. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE
    41        AMPERAGE?  ________  DOES  IT  HAVE  CIRCUIT  BREAKERS  OR  FUSES?
    42        ________  PRIVATE  OR  PUBLIC  POLES?  ________ ANY KNOWN MATERIAL
    43        DEFECTS? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    44    [30.] 31. ARE THERE ANY FLOODING, DRAINAGE OR  GRADING  PROBLEMS  THAT
    45        RESULTED  IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO
    46        UNKN NA (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
    47    [31.] 32. DOES THE BASEMENT HAVE  SEEPAGE  THAT  RESULTS  IN  STANDING
    48        WATER? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
    49  ARE  THERE  ANY  KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
    50  EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
    51    [32.] 33. PLUMBING SYSTEM?            YES    NO        UNKN        NA
    52    [33.] 34. SECURITY SYSTEM?            YES    NO        UNKN        NA

        A. 6936                             5
     1    [34.] 35. CARBON MONOXIDE DETECTOR?   YES    NO        UNKN        NA
     2    [35.] 36. SMOKE DETECTOR?             YES    NO        UNKN        NA
     3    [36.] 37. FIRE SPRINKLER SYSTEM?      YES    NO        UNKN        NA
     4    [37.] 38. SUMP PUMP?                  YES    NO        UNKN        NA
     5    [38.] 39. FOUNDATION/SLAB?            YES    NO        UNKN        NA
     6    [39.] 40. INTERIOR WALLS/CEILINGS?    YES    NO        UNKN        NA
     7    [40.] 41. EXTERIOR WALLS OR SIDING?   YES    NO        UNKN        NA
     8    [41.] 42. FLOORS?                     YES    NO        UNKN        NA
     9    [42.] 43. CHIMNEY/FIREPLACE OR STOVE? YES    NO        UNKN        NA
    10    [43.] 44. PATIO/DECK?                 YES    NO        UNKN        NA
    11    [44.] 45. DRIVEWAY?                   YES    NO        UNKN        NA
    12    [45.] 46. AIR CONDITIONER?            YES    NO        UNKN        NA
    13    [46.] 47. HEATING SYSTEM?             YES    NO        UNKN        NA
    14    [47.] 48. HOT WATER HEATER?           YES    NO        UNKN        NA
    15    [48.] 49. THE PROPERTY IS LOCATED IN THE
    16              FOLLOWING SCHOOL DISTRICT                    UNKN
    17    NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP-
    18  ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
    19    THE  SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
    20  NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
    21  TIONAL PAGES ATTACHED.
    22    ______________________________________________________________________
    23    ______________________________________________________________________
    24    ______________________________________________________________________
    25    ______________________________________________________________________
    26    SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN  THIS
    27  PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE AND COMPLETE TO THE
    28  SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED  BY  THE  SELLER.  IF  A
    29  SELLER  OF  RESIDENTIAL  REAL  PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
    30  MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
    31  PREVIOUSLY, THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY  CONDITION
    32  DISCLOSURE  STATEMENT  TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
    33  HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
    34  TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
    35  THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
    36    SELLER _______________________________________  DATE ________________
    37    SELLER _______________________________________  DATE ________________
    38    BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY  OF  THIS
    39  STATEMENT  AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
    40  CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO  THE
    41  SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
    42  AND  IS  NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
    43  OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
    44    BUYER _______________________________________   DATE ________________
    45    BUYER _______________________________________   DATE ________________
    46    § 5. This act shall take effect immediately.
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