S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2079
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 21, 2015
                                      ___________
       Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the real property law,  in  relation  to  requiring  the
         disclosure,  upon  the  sale or lease of residential real property, of
         the availability of certain sex offender information
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The real property law is amended by adding two new sections
    2  220-a and 242-a to read as follows:
    3    S  220-A.  DISCLOSURE OF THE AVAILABILITY OF SEX OFFENDER INFORMATION.
    4  1. EVERY LEASE AND RENTAL AGREEMENT OF RESIDENTIAL REAL  PROPERTY  SHALL
    5  CONTAIN IN NOT LESS THAN EIGHT POINT TYPE, THE FOLLOWING NOTICE:
    6    NOTICE: THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MAIN-
    7  TAINS  AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES THE
    8  LOCATION OF HIGH RISK SEX OFFENDERS REQUIRED  TO  REGISTER  PURSUANT  TO
    9  ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGISTRATION ACT, TO
   10  THE  OFFICES OF LOCAL VILLAGE, TOWN, CITY, AND COUNTY POLICE DEPARTMENTS
   11  AND STATE LAW ENFORCEMENT AGENCIES FOR THE  PURPOSE  OF  PUBLIC  ACCESS.
   12  PLEASE CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY FOR FURTHER INFORMATION
   13  ON  HOW  TO ACCESS AND VIEW THE SUBDIRECTORY OF HIGH RISK SEX OFFENDERS.
   14  THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES  ALSO  OPERATES
   15  FOR PUBLIC ACCESS A SPECIAL "900" TELEPHONE NUMBER THROUGH WHICH CALLERS
   16  MAY  VERIFY  THE  REGISTRATION  OF A NAMED INDIVIDUAL. CALLERS MUST HAVE
   17  SPECIFIC INFORMATION WHICH WILL ACHIEVE POSITIVE IDENTIFICATION SUCH  AS
   18  AN  EXACT  ADDRESS, DRIVER'S LICENSE NUMBER OR BIRTH DATE.  IN ADDITION,
   19  THE NEW YORK STATE DIVISION OF CRIMINAL  JUSTICE  SERVICES  MAINTAINS  A
   20  WEBSITE  PROVIDING  INFORMATION,  INCLUDING  THE  NAMES  AND  ADDRESSES,
   21  REGARDING CERTAIN SEX OFFENDERS.
   22    2. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, UPON
   23  DELIVERY OF THE NOTICE REQUIRED PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
   24  SECTION  TO  THE  LESSEE  OF  THE RESIDENTIAL REAL PROPERTY, NEITHER THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05330-01-5
       S. 2079                             2
    1  LESSOR NOR ANY AGENT OF THE LESSOR SHALL BE REQUIRED TO PROVIDE INFORMA-
    2  TION IN ADDITION TO THAT CONTAINED IN THE NOTICE  REGARDING  THE  AVAIL-
    3  ABILITY  OF  THE  SUBDIRECTORY, THE SPECIAL "900" NUMBER OR THE WEBSITE.
    4  THE  INFORMATION IN SUCH NOTICE SHALL BE DEEMED TO BE ADEQUATE TO INFORM
    5  THE LESSEE ABOUT THE  EXISTENCE  OF  A  STATEWIDE  SUBDIRECTORY  OF  THE
    6  LOCATIONS  OF HIGH RISK SEX OFFENDERS AND INFORMATION FROM THE SUBDIREC-
    7  TORY REGARDING THOSE LOCATIONS. THE INFORMATION IN THE NOTICE SHALL  NOT
    8  GIVE RISE TO ANY CAUSE OF ACTION AGAINST THE DISCLOSING PARTY.
    9    3.  WHERE  THE LESSEE RECEIVES THE NOTICE CONTAINED IN SUBDIVISION ONE
   10  OF THIS SECTION AT OR BEFORE THE TIME OF A WRITTEN OFFER OF A  LEASE  OR
   11  RENTAL  AGREEMENT FOR THE LEASE OF RESIDENTIAL REAL PROPERTY, ANY PERSON
   12  WHO IS LICENSED AS A REAL ESTATE BROKER, ASSOCIATE REAL  ESTATE  BROKER,
   13  OR  REAL  ESTATE  SALESPERSON UNDER SECTION FOUR HUNDRED FORTY-A OF THIS
   14  CHAPTER AND WHO IS ACTING IN A FIDUCIARY CAPACITY FOR EITHER A LESSOR OR
   15  A LESSEE OF RESIDENTIAL REAL PROPERTY SHALL NOT BE REQUIRED  TO  PROVIDE
   16  ANY  FURTHER  INFORMATION TO THE LESSEE OF THE RESIDENTIAL REAL PROPERTY
   17  REGARDING INFORMATION RELATING TO OR THE LOCATION OF SEX OFFENDERS.
   18    4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
   19  SECTION,  NOTHING  IN  THIS SECTION SHALL ALTER ANY EXISTING DUTY OF THE
   20  LESSOR OR ANY AGENT OF SUCH LESSOR UNDER ANY OTHER PROVISION OF LAW.
   21    S 242-A. DISCLOSURE OF THE AVAILABILITY OF SEX  OFFENDER  INFORMATION.
   22  1.  EVERY  CONTRACT  FOR  THE  PURCHASE  OF  RESIDENTIAL  REAL PROPERTY,
   23  COMPRISING ONE TO FOUR DWELLING UNITS, SHALL CONTAIN IN  NOT  LESS  THAN
   24  EIGHT POINT TYPE, THE FOLLOWING NOTICE:
   25    NOTICE: THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES MAIN-
   26  TAINS  AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES THE
   27  LOCATION OF HIGH RISK SEX OFFENDERS REQUIRED  TO  REGISTER  PURSUANT  TO
   28  ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGISTRATION ACT, TO
   29  THE  OFFICES OF LOCAL VILLAGE, TOWN, CITY, AND COUNTY POLICE DEPARTMENTS
   30  AND STATE LAW ENFORCEMENT AGENCIES FOR THE  PURPOSE  OF  PUBLIC  ACCESS.
   31  PLEASE CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY FOR FURTHER INFORMATION
   32  ON  HOW  TO ACCESS AND VIEW THE SUBDIRECTORY OF HIGH RISK SEX OFFENDERS.
   33  THE NEW YORK STATE DIVISION OF CRIMINAL JUSTICE SERVICES  ALSO  OPERATES
   34  FOR PUBLIC ACCESS A SPECIAL "900" TELEPHONE NUMBER THROUGH WHICH CALLERS
   35  MAY  VERIFY  THE  REGISTRATION  OF A NAMED INDIVIDUAL. CALLERS MUST HAVE
   36  SPECIFIC INFORMATION WHICH WILL ACHIEVE POSITIVE IDENTIFICATION SUCH  AS
   37  AN  EXACT  ADDRESS, DRIVER'S LICENSE NUMBER OR BIRTH DATE.  IN ADDITION,
   38  THE NEW YORK STATE DIVISION OF CRIMINAL  JUSTICE  SERVICES  MAINTAINS  A
   39  WEBSITE  PROVIDING  INFORMATION,  INCLUDING  THE  NAMES  AND  ADDRESSES,
   40  REGARDING CERTAIN SEX OFFENDERS.
   41    2. SUBJECT TO THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, UPON
   42  DELIVERY OF THE NOTICE REQUIRED PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
   43  SECTION TO THE BUYER OF THE RESIDENTIAL REAL PROPERTY, NEITHER THE SELL-
   44  ER  NOR ANY AGENT OF THE SELLER SHALL BE REQUIRED TO PROVIDE INFORMATION
   45  IN ADDITION TO THAT CONTAINED IN THE NOTICE REGARDING  THE  AVAILABILITY
   46  OF  THE  SUBDIRECTORY,  THE  SPECIAL  "900" NUMBER OR THE WEBSITE.   THE
   47  INFORMATION IN SUCH NOTICE SHALL BE DEEMED TO BE ADEQUATE TO INFORM  THE
   48  BUYER  ABOUT  THE EXISTENCE OF A STATEWIDE SUBDIRECTORY OF THE LOCATIONS
   49  OF HIGH RISK SEX OFFENDERS AND INFORMATION FROM THE SUBDIRECTORY REGARD-
   50  ING THOSE LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT  GIVE  RISE
   51  TO ANY CAUSE OF ACTION AGAINST THE DISCLOSING PARTY.
   52    3. WHERE THE BUYER RECEIVES THE NOTICE CONTAINED IN SUBDIVISION ONE OF
   53  THIS  SECTION AT OR BEFORE THE TIME OF THE MAKING OF A WRITTEN OFFER FOR
   54  THE PURCHASE OF RESIDENTIAL REAL PROPERTY, ANY PERSON WHO IS LICENSED AS
   55  A REAL ESTATE BROKER, ASSOCIATE  REAL  ESTATE  BROKER,  OR  REAL  ESTATE
   56  SALESPERSON  UNDER  SECTION FOUR HUNDRED FORTY-A OF THIS CHAPTER AND WHO
       S. 2079                             3
    1  IS ACTING IN A FIDUCIARY CAPACITY FOR EITHER A  BUYER  OR  A  SELLER  OF
    2  RESIDENTIAL  REAL  PROPERTY SHALL NOT BE REQUIRED TO PROVIDE ANY FURTHER
    3  INFORMATION TO THE BUYER OF  THE  RESIDENTIAL  REAL  PROPERTY  REGARDING
    4  INFORMATION RELATING TO OR THE LOCATION OF SEX OFFENDERS.
    5    4.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
    6  SECTION, NOTHING IN THIS SECTION SHALL ALTER ANY EXISTING  DUTY  OF  THE
    7  SELLER OR ANY AGENT OF SUCH SELLER UNDER ANY OTHER PROVISION OF LAW.
    8    S  2.  This  act shall take effect on the ninetieth day after it shall
    9  have become a law and shall apply to contracts  and  agreements  entered
   10  into on or after such date.