A9390B-2011 Actions

• Aug 17, 2012: signed chap.386
• Aug 6, 2012: delivered to governor
• Jun 20, 2012: RETURNED TO ASSEMBLY
• Jun 20, 2012: PASSED SENATE
• Jun 20, 2012: 3RD READING CAL.985
• Jun 20, 2012: SUBSTITUTED FOR S6522B
• Apr 25, 2012: REFERRED TO JUDICIARY
• Apr 25, 2012: delivered to senate
• Apr 25, 2012: passed assembly
• Apr 19, 2012: advanced to third reading cal.466
• Apr 18, 2012: reported
• Apr 2, 2012: print number 9390b
• Apr 2, 2012: amend and recommit to judiciary
• Mar 7, 2012: print number 9390a
• Mar 7, 2012: amend and recommit to judiciary
• Mar 6, 2012: reference changed to judiciary
• Feb 24, 2012: referred to real property taxation

A9390B-2011 Votes

A9390B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 9390--B
 I N  ASSEMBLY
 February 24, 2012
 
 Introduced  by M. of A. MORELLE -- read once and referred to the Commit
 tee on Real Property Taxation -- reference changed to the Committee on
 Judiciary -- committee discharged, bill amended, ordered reprinted  as
 amended  and recommitted to said committee -- again reported from said
 committee with amendments, ordered reprinted as amended and  recommit
 ted to said committee
 AN  ACT  to  amend  the real property law, in relation to definitions of
 private transfer fee obligations
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  2 of section 472 of the real property law is
 amended by adding three new paragraphs (j),  (k)  and  (l)  to  read  as
 follows:

 (J)  ANY  FEE,  CHARGE  OR  ASSESSMENT  PAYABLE BY THE TRANSFEREE TO A
 CORPORATION OR COMPANY FORMED PURSUANT TO THE  PRIVATE  HOUSING  FINANCE
 LAW.
 (K)  ANY  FEE,  CHARGE  OR  ASSESSMENT  PAYABLE BY THE TRANSFEREE TO A
 CORPORATION OR COMPANY THAT HAS RECEIVED A LOAN OR SUBSIDY  PURSUANT  TO
 THE PRIVATE HOUSING FINANCE LAW OR GENERAL MUNICIPAL LAW.
 (L) ANY AMOUNTS PAYABLE TO A GOVERNMENT ENTITY.
 

S 2. Paragraph (g) of subdivision 2 of section 472 of the real proper
 ty  law, as added by chapter 522 of the laws of 2011, is amended to read
 as follows:

 (g) Any fee, charge, assessment, fine, or other amount  payable  to  a
 homeowners',  condominium, cooperative, mobile home, or property owners'
 association pursuant to  a  declaration  [or],  covenant,  DULY  ADOPTED
 BY-LAW, PROPRIETARY LEASE or law applicable to such association, includ
 ing, but not limited to, fees or charges payable for estoppel letters or
 certificates  issued  by  the  association  or  its authorized agent. No
 amount shall be paid to a homeowners', condominium, cooperative,  mobile
 home,  or  property owners' association for the payment to the declarant
 of the condominium or the creator of a homeowners', cooperative,  mobile
 home or property owners' association, or their designee.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14661-04-2
 
       A. 9390--B                          2
 

S  3.

Section 473 of the real property law, as added by chapter 522 of
 the laws of 2011, is amended to read as follows:

 

S  473.  Prohibition.  A  private  transfer fee obligation recorded or
 entered into in this state on  or  after  the  effective  date  of  this
 section  does not run with the land and is not binding on or enforceable
 at law or in equity against any owner, purchaser, or  mortgagee  of  any
 interest  in  real  property as an equitable servitude or otherwise. Any
 private transfer fee obligation that is recorded or entered into in this
 state on or after the effective date of this section is void  and  unen
 forceable.  This section shall not apply to a private transfer fee obli
 gation recorded or entered into prior to  the  effective  date  of  this
 section.  This  section  shall  not  be deemed to require that a private
 transfer fee obligation recorded, filed or entered into  in  this  state
 before the effective date of this section is presumed valid and enforce
 able. It is the public policy of this state that no private transfer fee
 obligation shall be valid or enforceable whenever entered into, recorded
 or  filed.  Furthermore,  this  article  shall  not validate any private
 transfer fee agreement that is contrary to the [laws] LAW of this state.
 

S 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after September 23, 2011.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!