2012 New York Consolidated Laws
RPP - Real Property
Article 9 - (290 - 336) RECORDING INSTRUMENTS AFFECTING REAL PROPERTY
291-I - Validity of electronic recording.

 
    §  291-i. Validity of electronic recording. 1. Notwithstanding any law
  to the contrary, (a) where a law, rule  or  regulation  requires,  as  a
  condition  for  recording, that an instrument affecting real property be
  an original, be on paper or another tangible medium or  be  in  writing,
  the  requirement  is  satisfied  by  a  digitized  paper  document or an
  electronic record of such instrument;
    (b) where a law, rule or  regulation  requires,  as  a  condition  for
  recording,  that  an  instrument  affecting real property be signed, the
  requirement is satisfied, where the instrument  exists  as  a  digitized
  paper  document, if the digitized image of a wet signature of the person
  executing such instrument appears on such digitized paper  document  or,
  where  the  instrument exists as an electronic record, if the instrument
  is signed by use of an electronic signature;
    (c) where a law, rule  or  regulation  requires,  as  a  condition  of
  recording,  that  an  instrument  affecting real property or a signature
  associated with such an instrument be notarized, acknowledged, verified,
  witnessed or made under oath, the signature requirement is satisfied if:
  (i) the digitized image of a wet signature of the person  authorized  to
  perform that act and any stamp, impression or seal required by law to be
  included,  appears  on a digitized paper document of such instrument; or
  (ii) the electronic signature of the person authorized to  perform  that
  act,  and  all other information required to be included, is attached to
  or logically associated with an electronic record  of  such  instrument,
  provided,  however  that  no  physical  or  electronic image of a stamp,
  impression or seal  shall  be  required  to  accompany  such  electronic
  signature.
    (d)  where  a  law,  rule  or  regulation  requires, as a condition of
  recording an instrument affecting real property, that  any  accompanying
  document  be  filed  therewith,  the requirement is satisfied if, in the
  case of recording by electronic means, a  digitized  paper  document  or
  electronic  record of any such accompanying document is presented to the
  recording officer at the same time as such  instrument  is  recorded  by
  electronic  means;  provided  that each such document or record shall be
  presented to  the  recording  officer  as  a  separate  digitized  paper
  document or electronic record unto itself.
    2.  A  digitized  paper document or documents shall be created using a
  software application or other electronic process which stores  an  image
  of  the  original paper document or documents, and which does not permit
  additions, deletions or other changes to  the  digitized  image,  or  if
  additions,  deletions  or  changes  are  permitted, a media trail exists
  which creates an electronic record which makes it possible  to  identify
  these changes.
    3.  Nothing  in  this  section  or any other provision of law shall be
  construed to require the recording by electronic  means  of  instruments
  affecting   real   property.  The  decision  by  each  county  clerk  to
  participate in electronic recording  is  discretionary.  Once  a  county
  clerk  permits  electronic  recording,  the  county  shall  accept  such
  electronic recordings.
    4. Where any recording  officer  permits  instruments  affecting  real
  property and any accompanying documents to be presented for recording or
  filing  as  digitized  paper documents or electronic records pursuant to
  this section, such recording by electronic means shall be in  accordance
  with the rules and regulations established by the electronic facilitator
  pursuant to subdivision five of this section.
    5.  In  order to ensure consistency in the standards and practices of,
  and the  technology  used  by  recording  officers  in  the  state,  the
  electronic  facilitator,  as described in section three hundred three of
  the state technology law,  shall,  consistent  with  the  provisions  of

  article  three  of  the  state  technology  law,  promulgate  rules  and
  regulations, and amendments thereto, as appropriate  governing  the  use
  and  acceptance  of  digitized  paper  documents, electronic records and
  electronic  signatures  under this article. Such authority shall address
  and be limited to  standards  requiring  adequate  information  security
  protection  to  ensure  that electronic records of instruments affecting
  real property documents are accurate,  authentic,  adequately  preserved
  for  long-term  electronic  storage  and  resistant  to  tampering. When
  promulgating rules and regulations, the electronic facilitator may  take
  into  consideration:  (a)  the  most  recent  standards  promulgated  by
  national  standard-setting  bodies  such  as,  without  limitation,  the
  property  records  industry  association;  (b)  the  views of interested
  persons and governmental  officials  and  entities,  including  but  not
  limited  to  recording  officers and representatives of the state title,
  legal and banking industries; and (c) the needs of counties  of  varying
  size, population, and resources.
    6. Nothing contained in this section shall be construed to authorize a
  recording  officer  to  furnish digitized paper documents of the reports
  required by section five hundred seventy-four of the real  property  tax
  law.  Such  reports  shall  be  furnished  as  paper  documents with the
  requisite notations thereon,  except  where  the  state  board  of  real
  property  services has agreed to accept data submissions in lieu thereof
  or has provided for the electronic transmission of such data pursuant to
  law.