Title RPP, Real Property

§ 442-h. Rules of the secretary of state. 1. The secretary of state, and not the state real estate board established under section four hundred forty-two-i of this article, shall adopt such rules and regulations as the secretary of state may determine are necessary for the admin…

§ 442-i. State real estate board. 1. There is hereby established within the department of state a state real estate board which shall consist of the secretary of state, superintendent of financial services, and thirteen additional members. At least five of these members shall be…

§ 442-j. Effect of invalid provision. Should the courts of this state declare any provision of this article unconstitutional, or unauthorized, or in conflict with any other section or provision of this article, then such decision shall affect only the section or provision so dec…

§ 442-k. Powers and duties of the state real estate board. 1. The state real estate board shall have the power to promulgate rules or regulations affecting brokers and sales persons in order to administer and effectuate the purposes of this article, except that matters pertainin…

§ 442-l. After-the-fact referral fees. 1. No real estate broker or salesperson, in any place in which this article is applicable, shall demand or receive a referral fee or compensation of any kind for (i) a referral from any person or other entity relative to finding a seller af…

§ 443. Disclosure regarding real estate agency relationship; form. 1. Definitions. As used in this section, the following terms shall have the following meanings: a. "Agent" means a person who is licensed as a real estate broker, associate real estate broker or real estate sales…

§ 443-a. Disclosure obligations. 1. Notwithstanding any other provision of law, it is not a material defect or fact relating to property offered for sale or lease, including residential property regardless of the number of units contained therein, that: (a) an owner or occupant …

§ 444-a. Short title. This article shall be known and may be cited as the "home inspection professional licensing act".

§ 444-b. Definitions. As used in this article, the following terms shall have the following meanings: 1. "Client" means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of and written report about the condition of…

§ 444-c. Code of ethics and standards of practice. 1. The secretary shall promulgate regulations to implement the provisions of this article including but not limited to: (a) standards for training including approval of the course of study and examination required for licensure …

§ 444-d. License requirements for home inspectors. No person shall conduct or represent that he or she has the ability to conduct a home inspection for compensation unless such person is: 1. licensed as home inspector pursuant to this article; or 2. a person regulated by the sta…

§ 444-e. Qualifications for licensure. 1. An applicant for a license\nas a home inspector shall:\n (a) have successfully completed high school or its equivalent; and\n (b) (i) have successfully completed a course of study of not less than\none hundred forty hours approved by the…

§ 444-f. License periods, renewals and fees. 1. Home inspector\nlicenses and renewals thereof shall be issued for a period of two years,\nexcept that the secretary may, in order to stagger the expiration date\nthereof, provide that those licenses first issued or renewed after th…

§ 444-g. Duty of care of home inspectors. 1. Every home inspector shall comply with the provisions of this article, and the rules, regulations and standards adopted pursuant thereto. The duty of every home inspector shall be to the client. 2. Every home inspector shall display h…

§ 444-h. Suspension and revocation of licenses. 1. The secretary may refuse to grant or may suspend or revoke a home inspector license, and may impose a civil penalty not to exceed one thousand dollars per violation, upon proof to the satisfaction of the secretary that the holde…

§ 444-i. Denial of license; complaints; notice of hearing. The department shall, before making a final determination to deny an application for a license, revoke a license, suspend a license, issue a reprimand, or impose a civil penalty for violation of this article, notify the …

§ 444-j. Practice of architecture and professional engineering. A person regulated by the state of New York to engage in the practice of architecture when acting within the scope of that practice, a person licensed in the state of New York to practice professional engineering wh…

§ 444-k. Liability coverage. 1. Every licensed home inspector who is engaged in home inspection shall secure, maintain, and file with the secretary proof of a certificate of liability coverage, which terms and conditions shall be determined by the secretary. 2. Every proof of li…

§ 444-l. Duties of the secretary. The secretary shall establish such rules and regulations as shall be necessary to implement the provisions of this article.

§ 444-m. Construction with other laws. Nothing in this article shall prevent any licensed engineer, registered architect or any other licensed or regulated profession or governmental employee from acting within the scope of his or her profession or employment.

§ 444-n. Unlicensed activities. The secretary may issue an order requiring restitution and/or directing the cessation of any activity for which a license is required by this article upon a determination that a person has engaged in or followed the business or occupation of, or h…

§ 444-o. Violations and penalties for unlicensed activities. Any person subject to an administrative order issued by the secretary directing the cessation of any activity for which a license is required and/or suspending or revoking a license previously issued who directly or in…

§ 444-p. Judicial review. The action of the secretary in suspending, revoking, or refusing to issue or renew a license, or imposing an order directing the cessation of unlicensed activity or imposing a fine or reprimand may be reviewed by the supreme court in the manner provided…

§ 444-q. Severability. In the event it is determined by a court of competent jurisdiction that any phrase, clause, part, subdivision, paragraph or section, or any of the provisions of this article, is unconstitutional or otherwise invalid or inoperative, such determination shall…

§ 446-a. Definitions. As used in this article, unless the context otherwise requires: 1. "Person" means any natural person, corporation, limited liability company, partnership, firm, or association. 2. "Apartment information vendor" means any person who engages in the business o…

§ 446-b. License required. 1. It is unlawful for any person to act or engage in the business as an apartment information vendor in this state without first having obtained a license from the secretary of state. No person shall be granted a license until he has established that h…

§ 446-c. Contracts; fees; reporting procedures. 1. Every apartment information vendor licensed under this article shall furnish customers with a contract prepared on a form approved by the secretary of state. Such contract shall include in plain language form a statement setting…

§ 446-d. Display of license and business sign. 1. A license issued hereunder shall be conspicuously displayed at all times by the apartment information vendor at the place of business for which it was granted. 2. The secretary shall be notified in writing at his or her office in…

§ 446-e. Revocation and suspension of licenses. 1. Powers of secretary of state. The secretary may revoke or suspend a license, impose a fine not to exceed five thousand dollars, order refunds to aggrieved parties, and issue reprimands, upon a finding that a licensee has violate…

§ 446-f. Notice of hearing on complaints. The secretary shall, before denying an application for, revoking or suspending a license, or imposing any fine or issuing a reprimand to the licensee, and at least ten days prior to the date set for the hearing, notify in writing the app…

§ 446-g. Judicial review. The action of the secretary in granting or refusing to grant or to renew a license under this article or in revoking or suspending such a license or imposing any fine or issuing a reprimand to the licensee or refusing to do any of the foregoing shall be…

§ 446-h. Violations. 1. Misdemeanors. Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor. The commission of a single act prohibited by this article shall constitute a violation hereof. 2. Criminal actions for violations of th…

§ 446-i. Rules and regulations. The secretary may enact rules and regulations necessary to accomplish the purposes of this article.

§ 446-j. Partial invalidity. If any provision of this article shall be held unconstitutional, invalid or ineffective, in whole or in part, such determination shall not be deemed to affect, impair, or invalidate the remainder thereof.

§ 447-a. Definitions. For the purposes of this article, the following terms shall have the following meanings: 1. "Covered jurisdiction" means every county, city, town, and village in the state except for: (a) a city with a population of one million or more; (b) a county within …

§ 447-b. Short-term rental units; regulation. 1. A short-term rental host may operate a dwelling unit as a short-term rental unit provided such dwelling unit: (a) is registered in accordance with section four hundred forty-seven-c of this article; (b) is not used to provide sing…

§ 447-c. Registration. 1. (a) All counties that are covered jurisdictions shall be required to establish a registration system for short-term rental units located within such county provided, however, that counties may establish shared registries. (b) Paragraph (a) of this subdi…

§ 447-d. Exceptions. This article shall not apply to: 1. Incidental and occasional occupancy of a dwelling unit for fewer than thirty consecutive days by other natural persons when the permanent occupants are temporarily absent for personal reasons, such as vacation or medical t…

§ 447-e. Penalties. 1. (a) Except as provided in paragraph (b) of this subdivision, any booking service which collects a fee related to booking a unit as a short-term rental unit where such short-term rental unit is not registered in accordance with this article may be fined in …

§ 447-f. Enforcement. 1. The provisions of this article may be enforced in accordance with article eight of the multiple dwelling law or article eight of the multiple residence law, as applicable in the covered jurisdiction where the short-term unit is located. 2. Counties that …

§ 447-g. Data sharing. Booking services shall provide to the department of state, at the same times and on the same recurring basis that they provide data pursuant to subdivision three of section four hundred forty-seven-b of this article, an electronic report aggregating the nu…

§ 450. Lands used for cemetery purposes not to be sold or mortgaged. 1. No land actually used and occupied for cemetery purposes shall be sold under execution or for any tax or assessment, nor shall such tax or assessment be levied, collected or imposed, nor shall it be lawful t…

§ 451. Acquisition of lands for cemetery purposes in certain counties. It shall not be lawful for any person to take by deed, devise or otherwise or set apart or use any land or ground in any of the counties of Westchester, Kings, Queens, Richmond, Bronx, New York, Rockland, Suf…

§ 460. Short title. This article shall be known and may be cited as the "property condition disclosure act".

§ 461. Definitions. As used in this article, the following terms shall have the following meanings: 1. "Agent" means a person who is licensed as a real estate broker or a real estate salesperson pursuant to section four hundred forty-a of this chapter and is acting in a fiduciar…

§ 462. Property condition disclosure statement. 1. Except as is provided in section four hundred sixty-three of this article, every seller of residential real property pursuant to a real estate purchase contract shall complete and sign a property condition disclosure statement a…

§ 463. Exemptions. A property condition disclosure statement shall not be required in connection with any of the following transfers of residential real property: 1. A transfer pursuant to a court order, including, but not limited to, a transfer order by a probate court during t…

§ 464. Revision. If a seller of residential real property acquires knowledge which renders materially inaccurate a property condition disclosure statement provided previously, the seller shall deliver a revised property condition disclosure statement to the buyer as soon as prac…

§ 465. Liability. 1. Nothing contained in this article shall be construed as limiting any existing legal cause of action or remedy at law, in statute or in equity. 2. Any seller who provides a property condition disclosure statement or provides or fails to provide a revised prop…

§ 466. Duty of an agent. An agent representing a seller of residential real property as a listing broker shall have the duty to timely inform each seller represented by that agent of the seller's obligations under this article. An agent representing a buyer of residential real p…