S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2770

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, HOOPER, ORTIZ -- Multi-Sponsored by
  -- M. of A. CURRAN, McDONOUGH -- read once and referred to the Commit-
  tee 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:

  Section 1. The real property law is amended by adding two new sections
220-a and 242-a to read as follows:
  S  220-A.  DISCLOSURE OF THE AVAILABILITY OF SEX OFFENDER INFORMATION.
1. EVERY LEASE AND RENTAL AGREEMENT OF RESIDENTIAL REAL  PROPERTY  SHALL
CONTAIN IN NOT LESS THAN EIGHT POINT TYPE, THE FOLLOWING NOTICE:
  "NOTICE:  THE  NEW  YORK  STATE  DIVISION OF CRIMINAL JUSTICE SERVICES
MAINTAINS AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT  PROVIDES
THE  LOCATION  OF LEVEL TWO AND THREE SEX OFFENDERS REQUIRED TO REGISTER
PURSUANT TO ARTICLE 6-C OF THE CORRECTION LAW, THE SEX  OFFENDER  REGIS-
TRATION  ACT,  TO  THE  OFFICES  OF LOCAL VILLAGE, TOWN, CITY AND COUNTY
POLICE DEPARTMENTS AND STATE LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF
PUBLIC ACCESS.  PLEASE CONTACT YOUR LOCAL  LAW  ENFORCEMENT  AGENCY  FOR
FURTHER  INFORMATION ON HOW TO ACCESS AND VIEW THE SUBDIRECTORY OF LEVEL
TWO AND THREE SEX OFFENDERS.  THE NEW YORK STATE  DIVISION  OF  CRIMINAL
JUSTICE  SERVICES  ALSO  OPERATES  FOR PUBLIC ACCESS A SPECIAL TOLL-FREE
TELEPHONE NUMBER THROUGH WHICH CALLERS MAY VERIFY THE REGISTRATION OF  A
NAMED  INDIVIDUAL.  CALLERS  MUST  HAVE  SPECIFIC INFORMATION WHICH WILL
ACHIEVE POSITIVE IDENTIFICATION  SUCH  AS  AN  EXACT  ADDRESS,  DRIVER'S
LICENSE NUMBER OR BIRTH DATE."
  2.  SUBJECT  TO  THE  PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
UPON DELIVERY OF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION TO THE LESSEE OF THE REAL PROPERTY, NEITHER THE LESSOR  NOR  ANY
AGENT OF THE LESSOR SHALL BE REQUIRED TO PROVIDE INFORMATION IN ADDITION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07299-01-5
              

A. 2770                             2

TO THAT CONTAINED IN THE NOTICE REGARDING THE AVAILABILITY OF THE SUBDI-
RECTORY  AND  SPECIAL  TOLL-FREE  NUMBER. THE INFORMATION IN SUCH NOTICE
SHALL BE DEEMED TO BE ADEQUATE TO INFORM THE LESSEE ABOUT THE  EXISTENCE
OF  A STATEWIDE SUBDIRECTORY OF THE LOCATIONS OF LEVEL TWO AND THREE SEX
OFFENDERS  AND  INFORMATION  FROM  THE  SUBDIRECTORY   REGARDING   THOSE
LOCATIONS.  THE  INFORMATION  IN  THE  NOTICE SHALL NOT GIVE RISE TO ANY
CAUSE OF ACTION AGAINST THE DISCLOSING PARTY BY A REGISTERED SEX  OFFEN-
DER.
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION, NOTHING IN THIS SECTION SHALL ALTER ANY EXISTING  DUTY  OF  THE
LESSOR OR ANY AGENT OF SUCH LESSOR UNDER ANY OTHER PROVISION OF LAW.
  S  242-A.  DISCLOSURE OF THE AVAILABILITY OF SEX OFFENDER INFORMATION.
1. EVERY  CONTRACT  FOR  THE  PURCHASE  OF  RESIDENTIAL  REAL  PROPERTY,
COMPRISING  ONE  TO  FOUR DWELLING UNITS, SHALL CONTAIN IN NOT LESS THAN
EIGHT POINT TYPE, THE FOLLOWING NOTICE:
  "NOTICE: THE NEW YORK STATE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES
MAINTAINS  AND DISTRIBUTES A SUBDIRECTORY, WHICH IS A BOOK THAT PROVIDES
THE LOCATION OF LEVEL TWO AND THREE SEX OFFENDERS REQUIRED  TO  REGISTER
PURSUANT  TO  ARTICLE 6-C OF THE CORRECTION LAW, THE SEX OFFENDER REGIS-
TRATION ACT, TO THE OFFICES OF LOCAL  VILLAGE,  TOWN,  CITY  AND  COUNTY
POLICE DEPARTMENTS AND STATE LAW ENFORCEMENT AGENCIES FOR THE PURPOSE OF
PUBLIC  ACCESS.    PLEASE  CONTACT YOUR LOCAL LAW ENFORCEMENT AGENCY FOR
FURTHER INFORMATION ON HOW TO ACCESS AND VIEW THE SUBDIRECTORY OF  LEVEL
TWO  AND  THREE SEX OFFENDERS.   THE NEW YORK STATE DIVISION OF CRIMINAL
JUSTICE SERVICES ALSO OPERATES FOR PUBLIC  ACCESS  A  SPECIAL  TOLL-FREE
TELEPHONE  NUMBER THROUGH WHICH CALLERS MAY VERIFY THE REGISTRATION OF A
NAMED INDIVIDUAL. CALLERS MUST  HAVE  SPECIFIC  INFORMATION  WHICH  WILL
ACHIEVE  POSITIVE  IDENTIFICATION  SUCH  AS  AN  EXACT ADDRESS, DRIVER'S
LICENSE NUMBER OR BIRTH DATE."
  2. SUBJECT TO THE PROVISIONS OF SUBDIVISION  THREE  OF  THIS  SECTION,
UPON DELIVERY OF THE NOTICE REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION  TO  THE BUYER OF THE REAL PROPERTY, NEITHER THE GRANTEE NOR ANY
AGENT OF THE GRANTEE SHALL BE REQUIRED TO PROVIDE INFORMATION  IN  ADDI-
TION  TO  THAT CONTAINED IN THE NOTICE REGARDING THE AVAILABILITY OF THE
SUBDIRECTORY AND SPECIAL  TOLL-FREE  NUMBER.  THE  INFORMATION  IN  SUCH
NOTICE  SHALL  BE  DEEMED  TO  BE ADEQUATE TO INFORM THE BUYER ABOUT THE
EXISTENCE OF A STATEWIDE SUBDIRECTORY OF THE LOCATIONS OF LEVEL TWO  AND
THREE  SEX  OFFENDERS  AND  INFORMATION  FROM THE SUBDIRECTORY REGARDING
THOSE LOCATIONS. THE INFORMATION IN THE NOTICE SHALL NOT  GIVE  RISE  TO
ANY  CAUSE  OF  ACTION  AGAINST THE DISCLOSING PARTY BY A REGISTERED SEX
OFFENDER.
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF  THIS
SECTION,  NOTHING  IN  THIS SECTION SHALL ALTER ANY EXISTING DUTY OF THE
GRANTOR OR ANY AGENT OF SUCH GRANTOR UNDER ANY OTHER PROVISION OF LAW.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law and shall apply to contracts and agreements entered
into on or after such date.