N.Y. Real Prop. Law § 333

Current through 2024 NY Law Chapter 553

Section 333 - When conveyances of real property not to be recorded

1. After September thirtieth, nineteen hundred and ten, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said September thirtieth, nineteen hundred and ten, unless the residence of the purchaser and if in a city of over five hundred thousand inhabitants according to the last federal census the street number of the residence of the purchaser shall be stated therein and such residence and street number shall be recorded with the conveyance. After May first, nineteen hundred and fourteen, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said first day of May, nineteen hundred and fourteen, if in a city of over two hundred thousand inhabitants according to the last federal census, unless the street number of the residence of the purchaser shall be stated therein and such residence and street number shall be recorded with the conveyance; provided, however, that this section shall not operate to invalidate any conveyance of real property, heretofore or hereafter executed, in which the residence or street number of the purchaser shall not have been stated, nor affect the record of any such conveyance accepted for record and recorded, heretofore or hereafter, contrary to the provisions of this section, nor impair any title founded on such a conveyance or record. After July first, nineteen hundred thirty-five, a recording officer of the county of Nassau shall not record or accept for record any conveyance of real property executed subsequent to said first day of July, nineteen hundred thirty-five, unless the city or incorporated village in which such real property is located be stated therein, and if not located in a city or incorporated village, then the township in which located shall be stated therein; provided, however, that this section shall not operate to invalidate any conveyance of real property, heretofore or hereafter executed, in which the description fails to designate the city or incorporated village in which the real property is located, nor affect the record of any such conveyance accepted for record and recorded, heretofore or hereafter contrary to the provisions of this section, nor impair any title founded on such a conveyance or record.

1-a. After September first, nineteen hundred forty, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said first day of September, nineteen hundred forty, unless the residence of the seller and of the purchaser, including the street and street number of the residence if any there be, shall be stated therein and such residences, including street and street number if any, shall be recorded with the conveyance; provided, however, that the provisions of this subdivision shall not operate to invalidate any conveyance of real property, executed subsequent to said first day of September, nineteen hundred forty, in which the residence, including street and street number if any, of the seller and of the purchaser shall not have been stated, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such a conveyance or record.

1-b. With respect to instruments executed after September first, nineteen hundred forty-four, the terms seller and purchaser, as used in this section, shall include any party to a conveyance of real property.

1-c. With respect to instruments executed after September first, nineteen hundred forty-four, the term conveyance of real property as used in this section shall include any conveyance as defined in subdivision three of section two hundred ninety of the real property law and any instrument entitled to be recorded under section two hundred ninety-four of the real property law.

1-d. After September first, nineteen hundred fifty-five a recording officer shall not record or accept for record any deed transferring title to real property executed subsequent to September first, nineteen hundred fifty-five, unless the city, town and village in which such real property is located be stated therein; provided, however, that this section shall not operate to invalidate any such deed, heretofore or hereafter executed, in which the description fails to designate the city, town and village in which the real property is located, nor affect the record of any such deed accepted for record and recorded, heretofore or hereafter contrary to the provisions of this section, nor impair any title founded on such deed or record.

1-e.

i. A recording officer shall not record or accept for recording any conveyance of real property affecting land in New York state unless accompanied by one of the following:

(1) a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three of the tax law; or

(2) a transfer report form prescribed by the commissioner of taxation and finance , and the fee prescribed pursuant to subdivision three of this section.

ii. Such transfer report form shall contain information as required by such commissioner including:

(1) the mailing address of the new owner;

(2) the tax billing address, if different from the owner's mailing address;

(3) the appropriate tax map designation, if any;

(4) a statement of the full sales price relating thereto;

(5) a statement indicating whether the parcel is located in an agricultural district and, if so, whether a disclosure notice has been provided pursuant to section three hundred thirty-three-c of this article and section three hundred ten of the agriculture and markets law;

(6) a statement indicating whether the property described in such deed is the entire parcel owned by the transferor or transferors;

(7) in the event the parcel conveyed by such deed is a portion of the parcel owned by the transferor or transferors, a statement indicating whether the city, town or village in which such property is situated has a planning board or other entity empowered to approve subdivisions; and

(8) in the event such planning board or other entity is empowered to approve subdivisions, a statement indicating whether the parcel conveyed by such deed is (a) not subject to such subdivision approval or (b) such subdivision has been approved by the respective city, town or village planning board or other entity empowered to approve subdivisions.

iii. Such transfer report form shall not constitute part of nor be retained with the record of conveyance.

iv. For the purposes of this subdivision:

(1) "Tax billing address" means the address designated by the owner to which tax bills shall be sent.

(2) "Full sales price" means the price actually paid or required to be paid for the real property or interest therein, whether paid or required to be paid by money, property, or any other thing of value, including the cancellation or discharge of an indebtedness or obligation, and the amount of any lien or encumbrance on the real property or interest therein which existed before the delivery of the deed and which remains thereon after the delivery of the deed, but excluding the fair market value of any personal property received by the buyer.

(3) "Qualifying farm property" means property for which the property classification code on the latest final assessment roll, as reported on the transfer report form, is in the agricultural category.

(4) "Qualifying residential property" means property which satisfies at least one of the following conditions:

(a) The property classification code assigned to the property on the latest final assessment roll, as reported on the transfer report form, indicates that the property is a one, two or three family home or a rural residence, or

(b) The transfer report form indicates that the property is one, two or three family residential property that has been newly constructed on vacant land, or

(c) The transfer report form indicates that the property is a residential condominium.

v.

(1) The provisions of this subdivision shall not operate to invalidate any conveyance of real property where one or more of the items designated as subparagraphs one through eight of paragraph ii of this subdivision, have not been reported or which has been erroneously reported, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such conveyance or record.

(2) Subject to the provisions of section fourteen hundred twenty-three of the tax law, such form shall contain an affirmation as to the accuracy of the contents made both by the transferor or transferors and by the transferee or transferees. Provided, however, that if the conveyance of real property occurs as a result of a taking by eminent domain, tax foreclosure, or other involuntary proceeding such affirmation may be made only by either the condemnor, tax district, or other party to whom the property has been conveyed, or by that party's attorney. The affirmations required by this paragraph shall be made in the form and manner prescribed by the commissioner, provided that notwithstanding any provision of law to the contrary, affirmants may be allowed, but shall not be required, to sign such affirmations electronically.

vi. Any deed executed and delivered prior to July first, nineteen hundred ninety-four may nevertheless be recorded in the office of the county clerk providing there is submitted therewith, and in place of such form, a separate statement signed by the transferor or transferors and the transferee or transferees or any person having sufficient knowledge to sign such form which contains the same information required by the commissioner of taxation and finance as set forth in subparagraphs one through four of paragraph ii of this subdivision.

1-f. Each conveyance of real property affecting land in Suffolk county presented to the recording officer of such county for recording shall, in addition to complying with the requirements of subdivision one-e of this section, contain in the body thereof or have endorsed thereon the map designation or designations of the property maps of the real property tax service agency of such county. The recording officer of such county shall not record or accept for record, any conveyance of real property affecting land in such county unless said instrument of conveyance is accompanied by a three dollar certification fee for each parcel of real property conveyed, to defray the cost of verifying the tax map designation prior to recording. This certification fee shall be payable to the Suffolk county clerk and shall be in addition to any other applicable recording fees or charges. The provisions of this subdivision shall not operate to invalidate any conveyance of such real property on which the appropriate map designation or designations shall not have been stated or which may have been erroneously stated nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such conveyance or record.

2. A recording officer shall not record or accept for record any conveyance of real property, unless said conveyance in its entirety and the certificate of acknowledgment or proof and the authentication thereof, other than proper names therein which may be in another language provided they are written in English letters or characters, shall be in the English language, or unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language duly executed and acknowledged by the person or persons making such conveyance and proved and authenticated, if need be, in the manner required of conveyances for recording in this state, or, unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language made by a person duly designated for such purpose by the county judge of the county where it is desired to record such conveyance or a justice of the supreme court and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge.

3.

(i) When a recording officer is presented with a conveyance for recording that is accompanied by a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three of the tax law, such recording officer shall be relieved of the responsibility to collect the fee described by this subdivision. He or she shall nonetheless be entitled to the portion of such fee that he or she would otherwise have deducted pursuant to this subdivision, as provided by subdivision (b) of section fourteen hundred twenty-three of the tax law.

(ii) When a recording officer is presented with a conveyance for recording that is not accompanied by such a receipt, he or she shall impose a fee of two hundred fifty dollars, or in the case of a transfer involving qualifying residential or farm property as defined by paragraph iv of subdivision one-e of this section, a fee of one hundred twenty-five dollars, for every real property transfer reporting form submitted for recording as required under subparagraph two of paragraph i of subdivision one-e of this section. In the city of New York, the recording officer shall impose a fee of one hundred dollars for each real property transfer tax form filed in accordance with chapter twenty-one of title eleven of the administrative code of the city of New York, except where a real property transfer reporting form is also submitted for recording for the transfer as required under subparagraph two of paragraph i of subdivision one-e of this section. The recording officer shall deduct nine dollars from such fee and remit the remainder of the revenue collected to the commissioner of taxation and finance every month for deposit into the general fund. The amount duly deducted by the recording officer shall be retained by the county or by the city of New York.

N.Y. Real Prop. Law § 333

Amended by New York Laws 2021, ch. 59,Secs. U-3, U-2, U-1 eff. 4/19/2021.