Bill S2535-2013

Provides that purchasers and sellers of real property shall be provided with voter registration forms at closing

Provides that purchasers and sellers of real property shall be provided with voter registration forms at closing.

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  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jan 18, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S2535

TITLE OF BILL: An act to amend the real property law, in relation to providing purchasers and sellers of residential real property and cooperative apartments with voter registration forms at closing

PURPOSE: The bill provides that every purchaser and seller of residential real property who attends the closing must be provided by the settlement agent with voter registration forms, and if a purchaser or seller does not attend the closing, then the forms shall be provided to the representative of such purchaser or seller.

SUMMARY OF PROVISIONS:

Section 1: Amends the Real Property Law to add a new section 262, which requires that, at a closing for the sale or purchase of residential real property, the seller and purchaser shall be provided with voter registration forms. Subsection one defines a "closing" as "an in-person meeting to complete final documents incident to the purchase and sale", and defines "settlement agent" as "the lender in a non-cash transaction, the title company in a cash transaction and the managing agent in a cooperative apartment transaction." Subsection two provides that the forms are to be provided to the purchaser and seller, except for sellers who are moving out of New York State. If a purchaser or seller is not present at the closing, then the forms are to be provided to such person's representative. Subsection three requires the settlement agent to provide those forms without cost or charge to the purchaser or seller. Subsection four directs the county boards of elections to cooperate with settlement agents to accomplish the purposes of this section.

Section 2: Provides for the Act to take effect on the thirtieth day after it becomes law.

EXISTING LAW: There is no existing law requiring voter registration applications to be provided at residential real estate closings.

JUSTIFICATION: People buying or selling residential real estate may be moving into the state, or moving in or out of a county or election district, but may be unaware of this or of the need to provide a change of address to the local board of election. This provision provides voters with the opportunity to register to vote or register a change of address at the time when it is most likely that they will need to do so in order to secure or preserve their right to vote.

LEGISLATIVE HISTORY: 2009-2010: S.2867 - Passed the Senate; Died in Assembly Election Law Committee. 2011-2012: S.1554 - Referred to Judiciary

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act takes effect on the thirtieth after the date it becomes a law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2535 2013-2014 Regular Sessions IN SENATE January 18, 2013 ___________
Introduced by Sen. ADDABBO -- 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 providing purchas- ers and sellers of residential real property and cooperative apart- ments with voter registration forms at closing 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 a new section 262 to read as follows: S 262. VOTER REGISTRATION FORMS. 1. FOR PURPOSES OF THIS SECTION, THE TERM "CLOSING" SHALL MEAN AN IN-PERSON MEETING TO COMPLETE FINAL DOCU- MENTS INCIDENT TO THE PURCHASE AND SALE OF RESIDENTIAL REAL PROPERTY AND COOPERATIVE APARTMENTS, AND THE TERM "SETTLEMENT AGENT" SHALL MEAN THE LENDER IN A NON-CASH TRANSACTION, THE TITLE COMPANY IN A CASH TRANS- ACTION AND THE MANAGING AGENT IN A COOPERATIVE APARTMENT TRANSACTION. 2. EVERY PURCHASER OR SELLER OF REAL PROPERTY IN ATTENDANCE AT A CLOS- ING HELD WITHIN THIS STATE SHALL BE PROVIDED WITH ANY FORMS NECESSARY TO COMPLY WITH THE VOTER REGISTRATION REQUIREMENTS SET FORTH IN ARTICLE FIVE OF THE ELECTION LAW, EXCEPT FOR SELLERS WHO ARE MOVING OUT OF NEW YORK STATE. IF SUCH PURCHASER OR SELLER SHALL NOT BE IN ATTENDANCE AT SUCH CLOSING, SUCH FORMS SHALL BE PROVIDED TO THE REPRESENTATIVE OF SUCH PURCHASER OR SELLER. 3. THE PROVISION OF FORMS REQUIRED BY SUBDIVISION TWO OF THIS SECTION SHALL BE MADE BY THE SETTLEMENT AGENT WITHOUT COST OR CHARGE TO THE PURCHASER OR SELLER. 4. EACH COUNTY BOARD OF ELECTIONS IS HEREBY AUTHORIZED AND DIRECTED TO COOPERATE WITH SETTLEMENT AGENTS TO CARRY OUT THE PURPOSES OF THIS SECTION. S 2. This act shall take effect on the thirtieth day after it shall have become a law.

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