2012 New York Consolidated Laws
RPP - Real Property
Article 9 - (290 - 336) RECORDING INSTRUMENTS AFFECTING REAL PROPERTY
333 - When conveyances of real property not to be recorded.

 
    §  333. When conveyances of real property not to be recorded. 1. After
  September thirtieth, nineteen hundred and ten, a recording officer shall
  not record or accept for record any conveyance of real property executed
  subsequent to said September thirtieth, nineteen hundred and ten, unless
  the residence of the purchaser and if in a city  of  over  five  hundred
  thousand  inhabitants  according  to  the last federal census the street
  number of the residence of the purchaser shall  be  stated  therein  and
  such  residence and street number shall be recorded with the conveyance.
  After May first, nineteen hundred  and  fourteen,  a  recording  officer
  shall  not  record  or accept for record any conveyance of real property
  executed subsequent to said first  day  of  May,  nineteen  hundred  and
  fourteen,  if  in  a  city  of  over  two  hundred  thousand inhabitants
  according to the last federal census, unless the street  number  of  the
  residence  of  the  purchaser shall be stated therein and such residence
  and street number shall  be  recorded  with  the  conveyance;  provided,
  however,   that  this  section  shall  not  operate  to  invalidate  any
  conveyance of real property, heretofore or hereafter executed, in  which
  the  residence  or  street  number  of the purchaser shall not have been
  stated, nor affect the record of any such conveyance accepted for record
  and recorded, heretofore or hereafter, contrary  to  the  provisions  of
  this  section,  nor  impair  any  title  founded on such a conveyance or
  record. After July first,  nineteen  hundred  thirty-five,  a  recording
  officer  of  the  county of Nassau shall not record or accept for record
  any conveyance of real property executed subsequent to said first day of
  July, nineteen hundred thirty-five,  unless  the  city  or  incorporated
  village in which such real property is located be stated therein, and if
  not  located  in  a  city  or incorporated village, then the township in
  which located shall be stated  therein;  provided,  however,  that  this
  section shall not operate to invalidate any conveyance of real property,
  heretofore  or  hereafter  executed,  in  which the description fails to
  designate the city or incorporated village in which the real property is
  located, nor affect the record  of  any  such  conveyance  accepted  for
  record  and recorded, heretofore or hereafter contrary to the provisions
  of this section, nor impair any title founded on such  a  conveyance  or
  record.
    1-a.  After  September  first,  nineteen  hundred  forty,  a recording
  officer shall not record or accept for record  any  conveyance  of  real
  property  executed  subsequent  to said first day of September, nineteen
  hundred forty, unless the residence of the seller and of the  purchaser,
  including the street and street number of the residence if any there be,
  shall be stated therein and such residences, including street and street
  number if any, shall be recorded with the conveyance; provided, however,
  that  the provisions of this subdivision shall not operate to invalidate
  any conveyance of real property, executed subsequent to said  first  day
  of  September, nineteen hundred forty, in which the residence, including
  street and street number if any, of the  seller  and  of  the  purchaser
  shall  not  have  been  stated,  nor  affect  the record contrary to the
  provisions of this subdivision, nor impair any title founded on  such  a
  conveyance or record.
    1-b.  With  respect  to  instruments  executed  after September first,
  nineteen hundred forty-four, the terms seller and purchaser, as used  in
  this section, shall include any party to a conveyance of real property.
    1-c.  With  respect  to  instruments  executed  after September first,
  nineteen hundred forty-four, the term conveyance  of  real  property  as
  used  in  this  section  shall  include  any  conveyance  as  defined in
  subdivision three of section two hundred ninety of the real property law
  and any instrument entitled to be recorded  under  section  two  hundred
  ninety-four of the real property law.

    1-d.  After  September  first, nineteen hundred fifty-five a recording
  officer shall not record or accept  for  record  any  deed  transferring
  title  to real property executed subsequent to September first, nineteen
  hundred fifty-five, unless the city, town and village in which such real
  property  is  located  be  stated  therein; provided, however, that this
  section shall not operate to invalidate any  such  deed,  heretofore  or
  hereafter  executed,  in  which  the  description fails to designate the
  city, town and village in which the real property is located, nor affect
  the record of any such deed accepted for record and recorded, heretofore
  or hereafter contrary to the provisions of this section, nor impair  any
  title founded on such deed or record.
    1-e.  i. A recording officer shall not record or accept for record any
  conveyance of real property affecting land  in  New  York  state  unless
  accompanied  by a transfer report form prescribed by the commissioner of
  taxation  and  finance  or  in  lieu  thereof,  confirmation  from   the
  commissioner  that the required data has been reported to it pursuant to
  paragraph vii of this subdivision, and the fee  prescribed  pursuant  to
  subdivision three of this section.
    ii. Such transfer report form shall contain information as required by
  such commissioner including:
    (1) the mailing address of the new owner;
    (2)  the  tax  billing  address, if different from the owner's mailing
  address;
    (3) the appropriate tax map designation, if any;
    (4) a statement of the full sales price relating thereto;
    (5) a statement  indicating  whether  the  parcel  is  located  in  an
  agricultural  district  and, if so, whether a disclosure notice has been
  provided pursuant  to  section  three  hundred  thirty-three-c  of  this
  article  and  section  three  hundred ten of the agriculture and markets
  law;
    (6) a statement indicating whether the property described in such deed
  is the entire parcel owned by the transferor or transferors;
    (7) in the event the parcel conveyed by such deed is a portion of  the
  parcel  owned  by  the transferor or transferors, a statement indicating
  whether the city, town or village in which such property is situated has
  a planning board or other entity empowered to approve subdivisions; and
    (8) in the event such planning board or other entity is  empowered  to
  approve subdivisions, a statement indicating whether the parcel conveyed
  by such deed is (a) not subject to such subdivision approval or (b) such
  subdivision  has  been  approved by the respective city, town or village
  planning board or other entity empowered to approve subdivisions.
    iii. Such transfer report form shall not constitute  part  of  nor  be
  retained with the record of conveyance.
    iv. For the purposes of this subdivision:
    (1) "Tax billing address" means the address designated by the owner to
  which tax bills shall be sent.
    (2) "Full sales price" means the price actually paid or required to be
  paid for the real property or interest therein, whether paid or required
  to  be  paid  by money, property, or any other thing of value, including
  the cancellation or discharge of an indebtedness or obligation, and  the
  amount  of  any  lien  or  encumbrance  on the real property or interest
  therein which existed before the delivery of the deed and which  remains
  thereon  after  the  delivery of the deed, but excluding the fair market
  value of any personal property received by the buyer.
    (3) "Qualifying farm property" means property for which  the  property
  classification  code on the latest final assessment roll, as reported on
  the transfer report form, is in the agricultural category.

    (4) "Qualifying residential property" means property  which  satisfies
  at least one of the following conditions:
    (a)  The  property classification code assigned to the property on the
  latest final assessment roll, as reported on the transfer  report  form,
  indicates  that  the  property  is  a one, two or three family home or a
  rural residence, or
    (b) The transfer report form indicates that the property is  one,  two
  or  three family residential property that has been newly constructed on
  vacant land, or
    (c) The  transfer  report  form  indicates  that  the  property  is  a
  residential condominium.
    v.  The provisions of this subdivision shall not operate to invalidate
  any conveyance  of  real  property  where  one  or  more  of  the  items
  designated  as  subparagraphs  one through eight of paragraph ii of this
  subdivision, have not  been  reported  or  which  has  been  erroneously
  reported,  nor  affect  the  record  contrary  to the provisions of this
  subdivision, nor impair any title founded on such conveyance or  record.
  Such  form  shall  contain  an  affirmation  as  to  the accuracy of the
  contents  made  both  by  the  transferor  or  transferors  and  by  the
  transferee  or transferees. Provided, however, that if the conveyance of
  real property occurs as a result of a  taking  by  eminent  domain,  tax
  foreclosure,  or  other  involuntary  proceeding such affirmation may be
  made only by either the condemnor, tax district, or other party to  whom
  the  property  has  been  conveyed,  or  by  that  party's attorney. The
  affirmations required by this paragraph shall be made in  the  form  and
  manner prescribed by the commissioner, provided that notwithstanding any
  provision  of  law to the contrary, affirmants may be allowed, but shall
  not be required, to sign such affirmations electronically.
    vi. Any deed executed and delivered  prior  to  July  first,  nineteen
  hundred  ninety-four  may  nevertheless be recorded in the office of the
  county clerk providing there is submitted therewith,  and  in  place  of
  such  form, a separate statement signed by the transferor or transferors
  and the transferee  or  transferees  or  any  person  having  sufficient
  knowledge to sign such form which contains the same information required
  by   the   commissioner   of  taxation  and  finance  as  set  forth  in
  subparagraphs one through four of paragraph ii of this subdivision.
    vii. The commissioner is hereby authorized to develop and oversee  the
  implementation   of  a  system  to  allow  the  data  required  by  this
  subdivision and section five hundred seventy-four of the  real  property
  tax  law  to  be  reported  to  it  electronically,  notwithstanding any
  provision of law to the contrary. The commissioner is further authorized
  to adopt any rules necessary to implement  such  a  system.  Such  rules
  shall  set  forth such standards and procedures as may be needed for the
  effective  and  efficient  administration  of  the  program,   including
  standards  for  providing  confirmation  to  recording  officers  of the
  reporting of required data to the commissioner.
    viii. Upon agreement between the commissioner of taxation and  finance
  and  the  department of taxation and finance, the process for collecting
  data pursuant to this subdivision and section five hundred  seventy-four
  of  the  real  property tax law may be combined in whole or in part with
  the process for collecting data pursuant to articles thirty-one, eleven,
  twenty-two and subsection (a) of section six hundred sixty-three of  the
  tax law in connection with the real estate transfer tax, notwithstanding
  any  provision  of  law  to  the  contrary.  The  commissioner  and  the
  commissioner of taxation and finance are authorized to adopt  any  rules
  necessary to implement the provisions of this paragraph, individually or
  jointly.

    1-f. Each conveyance of real property affecting land in Suffolk county
  presented  to  the recording officer of such county for recording shall,
  in addition to complying with the requirements of subdivision  one-e  of
  this  section,  contain in the body thereof or have endorsed thereon the
  map  designation  or  designations  of  the  property  maps  of the real
  property tax service agency of such county.  The  recording  officer  of
  such  county  shall  not  record or accept for record, any conveyance of
  real property affecting land in such county unless  said  instrument  of
  conveyance  is  accompanied by a three dollar certification fee for each
  parcel of real property conveyed, to defray the cost  of  verifying  the
  tax  map designation prior to recording. This certification fee shall be
  payable to the Suffolk county clerk and shall  be  in  addition  to  any
  other  applicable  recording  fees  or  charges.  The provisions of this
  subdivision shall not operate to invalidate any conveyance of such  real
  property  on which the appropriate map designation or designations shall
  not have been stated or which  may  have  been  erroneously  stated  nor
  affect  the  record  contrary to the provisions of this subdivision, nor
  impair any title founded on such conveyance or record.
    2. A recording officer shall not  record  or  accept  for  record  any
  conveyance  of real property, unless said conveyance in its entirety and
  the certificate  of  acknowledgment  or  proof  and  the  authentication
  thereof,  other  than  proper  names  therein  which  may  be in another
  language provided they are written in  English  letters  or  characters,
  shall be in the English language, or unless such conveyance, certificate
  of   acknowledgment   or   proof,  and  the  authentication  thereof  be
  accompanied by and have attached thereto a translation  in  the  English
  language  duly executed and acknowledged by the person or persons making
  such conveyance and proved and authenticated, if need be, in the  manner
  required  of  conveyances  for  recording in this state, or, unless such
  conveyance,  certificate   of   acknowledgment   or   proof,   and   the
  authentication  thereof  be  accompanied  by and have attached thereto a
  translation in the English language made by a person duly designated for
  such purpose by the county judge of the county where it  is  desired  to
  record  such  conveyance  or  a justice of the supreme court and be duly
  signed, acknowledged and certified under oath  or  upon  affirmation  by
  such person before such judge, to be a true and accurate translation and
  contain a certification of the designation of such person by such judge.
    3.  The  recording  officer  of  every county and the city of New York
  shall impose a fee of two hundred fifty dollars, or in  the  case  of  a
  transfer involving qualifying residential or farm property as defined by
  paragraph  iv of subdivision one-e of this section, a fee of one hundred
  twenty-five dollars, for every real  property  transfer  reporting  form
  submitted  for  recording  as  required  under subdivision one-e of this
  section. In the city of New York, the recording officer shall  impose  a
  fee  of  one  hundred  dollars  for each real property transfer tax form
  filed in accordance with chapter  twenty-one  of  title  eleven  of  the
  administrative  code  of  the  city  of  New  York,  except where a real
  property transfer reporting form is also submitted for recording for the
  transfer as required  under  subdivision  one-e  of  this  section.  The
  recording  officer shall deduct nine dollars from such fee and remit the
  remainder of the revenue collected to the commissioner of  taxation  and
  finance  every  month for deposit into the general fund. The amount duly
  deducted by the recording officer shall be retained by the county or  by
  the city of New York.