Title RPP, Real Property

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

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

§ 442-j. Effect of invalid provision. Should the courts of this state\ndeclare any provision of this article unconstitutional, or unauthorized,\nor in conflict with any other section or provision of this article, then\nsuch decision shall affect only the section or provision so …

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

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

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

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

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

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

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

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

§ 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\nshall comply with the provisions of this article, and the rules,\nregulations and standards adopted pursuant thereto. The duty of every\nhome inspector shall be to the client.\n 2. Every home inspector shall disp…

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

§ 444-i. Denial of license; complaints; notice of hearing. The\ndepartment shall, before making a final determination to deny an\napplication for a license, revoke a license, suspend a license, issue a\nreprimand, or impose a civil penalty for violation of this article,\nnotify …

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

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

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

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

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

§ 444-o. Violations and penalties for unlicensed activities. Any\nperson subject to an administrative order issued by the secretary\ndirecting the cessation of any activity for which a license is required\nand/or suspending or revoking a license previously issued who directly\no…

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

§ 444-q. Severability. In the event it is determined by a court of\ncompetent jurisdiction that any phrase, clause, part, subdivision,\nparagraph or section, or any of the provisions of this article, is\nunconstitutional or otherwise invalid or inoperative, such determination\ns…

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

§ 446-b. License required. 1. It is unlawful for any person to act or\nengage in the business as an apartment information vendor in this state\nwithout first having obtained a license from the secretary of state. No\nperson shall be granted a license until he has established tha…

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

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

§ 446-e. Revocation and suspension of licenses. 1. Powers of secretary\nof state. The secretary may revoke or suspend a license, impose a fine\nnot to exceed five thousand dollars, order refunds to aggrieved parties,\nand issue reprimands, upon a finding that a licensee has viol…

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

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

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

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

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

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

§ 447-b. Short-term rental units; regulation. 1. A short-term rental\nhost may operate a dwelling unit as a short-term rental unit provided\nsuch dwelling unit:\n (a) is registered in accordance with section four hundred\nforty-seven-c of this article;\n (b) is not used to provi…

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

§ 447-d. Exceptions. This article shall not apply to:\n 1. Incidental and occasional occupancy of a dwelling unit for fewer\nthan thirty consecutive days by other natural persons when the permanent\noccupants are temporarily absent for personal reasons, such as vacation\nor medi…

§ 447-e. Penalties. 1. (a) Except as provided in paragraph (b) of this\nsubdivision, any booking service which collects a fee related to booking\na unit as a short-term rental unit where such short-term rental unit is\nnot registered in accordance with this article may be fined …

§ 447-f. Enforcement. 1. The provisions of this article may be\nenforced in accordance with article eight of the multiple dwelling law\nor article eight of the multiple residence law, as applicable in the\ncovered jurisdiction where the short-term unit is located.\n 2. Counties …

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

§ 450. Lands used for cemetery purposes not to be sold or mortgaged.\n1. No land actually used and occupied for cemetery purposes shall be\nsold under execution or for any tax or assessment, nor shall such tax or\nassessment be levied, collected or imposed, nor shall it be lawfu…

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

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

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

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

§ 463. Exemptions. A property condition disclosure statement shall not\nbe required in connection with any of the following transfers of\nresidential real property:\n 1. A transfer pursuant to a court order, including, but not limited\nto, a transfer order by a probate court dur…

§ 464. Revision. If a seller of residential real property acquires\nknowledge which renders materially inaccurate a property condition\ndisclosure statement provided previously, the seller shall deliver a\nrevised property condition disclosure statement to the buyer as soon as\n…

§ 465. Liability. 1. Nothing contained in this article shall be\nconstrued as limiting any existing legal cause of action or remedy at\nlaw, in statute or in equity.\n 2. Any seller who provides a property condition disclosure statement\nor provides or fails to provide a revised…

§ 466. Duty of an agent. An agent representing a seller of residential\nreal property as a listing broker shall have the duty to timely inform\neach seller represented by that agent of the seller's obligations under\nthis article. An agent representing a buyer of residential rea…