S T A T E   O F   N E W   Y O R K
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                                  2499--A
                                                         Cal. No. 672
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by  M.  of  A.  LIFTON,  L. ROSENTHAL,  JAFFEE, ENGLEBRIGHT,
   ABINANTI, TITONE -- Multi-Sponsored by -- M. of  A.  DINOWITZ,  GLICK,
   GOTTFRIED, MAGEE -- read once and referred to the Committee on Judici-
   ary  --  recommitted  to the Committee on Judiciary in accordance with
   Assembly Rule 3, sec. 2 -- advanced to a third  reading,  amended  and
   ordered reprinted, retaining its place on the order of third reading
 
 AN  ACT  to amend the general obligations law and the real property law,
   in relation to requiring the signatures of all owners of leased  prem-
   ises for every lease for oil, gas or mineral rights, and any modifica-
   tion, extension or renewal thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 6 of section 5-333 of the  general  obligations
 law, as added by chapter 386 of the laws of 2005, is amended and two new
 subdivisions 3-a and 5-a are added to read as follows:
   3-A.    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
 TO THE CONTRARY, ANY OIL, GAS OR MINERAL LEASE CONCERNING  OIL,  GAS  OR
 MINERAL  RIGHTS  SHALL BE SIGNED BY ALL OWNERS OF THE LEASED PREMISES AS
 OF THE DATE THE LEASE IS SIGNED. ANY OIL, GAS  OR  MINERAL  LEASE  WHICH
 CONTAINS  LESS THAN EVERY SIGNATURE OF ALL OWNERS OF THE LEASED PREMISES
 SHALL BE VOID AND UNENFORCEABLE  IN  ITS  ENTIRETY  AS  TO  ANY  SURFACE
 RIGHTS, AND VOID AND UNENFORCEABLE AS TO ANY SUB-SURFACE INTEREST.
   5-A.  NO MODIFICATIONS, INCLUDING EXTENSIONS AND RENEWALS, OF ANY OIL,
 GAS OR MINERAL LEASE SHALL BE EFFECTIVE UNLESS IT CONTAINS THE NOTICE OF
 CANCELLATION PROVISIONS SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
   6. The provisions of subdivisions one, two, three  and  four  of  this
 section  shall  apply  to leases entered into on or after January first,
 nineteen hundred eighty-five [and], the provisions of  subdivision  five
 of  this  section shall apply to leases entered into on or after January
 first, two thousand six, AND THE PROVISIONS OF SUBDIVISIONS THREE-A  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07911-02-8

 A. 2499--A                          2
 
 FIVE-A  OF  THIS  SECTION SHALL APPLY TO LEASES ENTERED INTO ON OR AFTER
 JANUARY FIRST, TWO THOUSAND NINETEEN.
   § 2. Section 291-c of the real property law is amended by adding a new
 closing paragraph to read as follows:
   FOR  ANY  OIL,  GAS  OR  MINERAL  LEASE CONCERNING OIL, GAS OR MINERAL
 RIGHTS SIGNED ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  NINETEEN,  ANY
 RECORDING  OF  A MEMORANDUM OF LEASE, INCLUDING ANY MODIFICATION, EXTEN-
 SION OR RENEWAL, SHALL BE SIGNED BY ALL OWNERS OF THE  LEASED  PREMISES.
 ANY  MEMORANDA  NOT  SIGNED BY ALL OWNERS OF THE LEASED PREMISES IS VOID
 AND UNENFORCEABLE.
   § 3. Section 291-cc of the real property law, as added by chapter  472
 of the laws of 1962, is amended to read as follows:
   §  291-cc. [1.] Recording modifications of leases. 1. Where a lease or
 memorandum of such lease has  been  recorded,  an  unrecorded  agreement
 modifying  such  lease  or  memorandum  is  void as against a subsequent
 purchaser in good faith  and  for  a  valuable  consideration,  and  the
 possession of the tenant shall not be deemed notice of the modification,
 unless the agreement of modification or a memorandum thereof is recorded
 prior  to  the  recording  of  the  instrument  by  which the subsequent
 purchaser acquires his estate or interest.
   2. A memorandum of an agreement modifying a  lease  shall  contain  at
 least the following information with respect to the agreement: the names
 of  the parties and the addresses, if any, set forth in the agreement; a
 reference  to  the  agreement  with  its  date  of  execution;  a  brief
 description  of  the  leased premises in form sufficient to identify the
 same; any changes made by the agreement in the term of the lease and the
 date of the termination of the lease as modified, and any changes in the
 provisions of the lease as to the rights of extension or renewal.
   3. For the purpose of this section the  word  "purchaser"  includes  a
 person who purchases or acquires by exchange or contracts to purchase or
 acquire  by  exchange  the leased premises or the real property of which
 the leased premises are part or  any  estate  or  interest  therein,  or
 acquires by assignment the rent to accrue from tenancies or subtenancies
 thereof in existence at the time of the assignment.
   4.  FOR  ANY  OIL, GAS OR MINERAL LEASE CONCERNING OIL, GAS OR MINERAL
 RIGHTS SIGNED ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  NINETEEN,  ANY
 RECORDING  OF  A  MODIFICATION  OF  A  LEASE, INCLUDING ANY EXTENSION OR
 RENEWAL, SHALL BE SIGNED BY ALL  OWNERS  OF  THE  LEASED  PREMISES.  ANY
 MODIFICATIONS  NOT  SIGNED  BY ALL OWNERS OF THE LEASED PREMISES IS VOID
 AND UNENFORCEABLE.
   § 4. This act shall take effect January 1, 2019.