New York S 10426: Relates to required notices to inform of superfund or brownfield site proximity

Bill Text

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S10426 Summary:

BILL NOS10426 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORGONZALEZ

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COSPNSR

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MLTSPNSR

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Amd §462, add §235-k, RP L

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Requires property owners and landlords to provide notice to prospective buyers and tenants to inform of superfund or brownfield site proximity to an affected premises and information relating to possible impacts.

Go to top S10426 Actions:

BILL NOS10426 

&nbsp

05/15/2026REFERRED TO JUDICIARY

Go to topS10426 Committee&nbspVotes:

Go to topS10426 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS10426 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10426

 IN SENATE

 May 15, 2026
 ___________

 Introduced by Sen. GONZALEZ -- 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 notice to buyers
 and tenants of proximity to brownfields and superfund sites

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 2 of section 462 of the real property law, as
 2 amended by chapter 353 of the laws of 2024, is amended to read as
 3 follows:
 4 2. The following shall be the disclosure form:
 5 PROPERTY CONDITION DISCLOSURE STATEMENT
 6 NAME OF SELLER OR SELLERS:
 7 PROPERTY ADDRESS:
 8 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
 9 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
 10 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
 11 BUYER OF A BINDING CONTRACT OF SALE.
 12 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
 13 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
 14 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
 15 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
 16 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN [HIS OR
 17 HER] THEIR OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL
 18 TESTS AND ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE
 19 PROPERTY.
 20 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
 21 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
 22 TRANSFER OF TITLE.
 23 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
 24 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
 25 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
 26 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
 27 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15708-02-6

 S. 10426 2

 1 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT
 2 OWNED IN FEE SIMPLE BY THE SELLER.

 3 INSTRUCTIONS TO THE SELLER:
 4 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
 5 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
 6 REQUIRED.
 7 (c) COMPLETE THIS FORM YOURSELF.
 8 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
 9 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).

 10 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
 11 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
 12 ING THIS DOCUMENT. THE SELLER AUTHORIZES [HIS OR HER] THEIR AGENT, IF
 13 ANY, TO PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE
 14 RESIDENTIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE
 15 SELLER AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
 16 GENERAL INFORMATION
 17 1. HOW LONG HAVE YOU OWNED THE PROPERTY?
 18 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
 19 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
 20 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
 21 GATE FOR THE PRESENCE OF LEAD BASED PAINT.
 22 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY
 23 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
 24 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
 25 RIGHTS TO