New York S 5112: Relates to creating a school resource officer working group; and provides for the repeal of such provisions upon the expiration thereof

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S05112 Summary:

BILL NOS05112 

&nbsp

SAME ASNo Same As

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SPONSORSCARCELLA-SPANTON

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COSPNSR

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MLTSPNSR

&nbsp

Add §467, RP L

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Requires radon inspections by sellers for the sale of residential real property; provides exemptions.

Go to top S05112 Actions:

BILL NOS05112 

&nbsp

02/19/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS05112 Committee&nbspVotes:

Go to topS05112 Floor&nbspVotes:

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

Go to topS05112 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5112

 2025-2026 Regular Sessions

 IN SENATE

 February 19, 2025
 ___________

 Introduced by Sen. SCARCELLA-SPANTON -- 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 requiring radon
 inspections by sellers on the sale of residential real property

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

 1 Section 1. The real property law is amended by adding a new section
 2 467 to read as follows:
 3 § 467. Radon inspection. 1. Effective January first, two thousand
 4 twenty-six, every seller of residential real property pursuant to a real
 5 estate purchase contract shall deliver to a buyer or buyer's agent prior
 6 to the signing by the buyer of a binding contract of sale a certificate
 7 that such property has been tested for radon, and provide the report of
 8 such test. The seller shall attach a copy of the certificate containing
 9 the signature of the seller and any report of a test for radon to the
 10 real estate purchase contract.
 11 2. Any provision in a real estate purchase contract or any other docu-
 12 ment related to the transfer of title in residential real property that
 13 purports to waive any right created under state or federal law for the
 14 buyer to conduct a risk assessment or inspection of the property to
 15 determine the presence of radon, or any oral agreement that purports to
 16 waive such right, is null and void as against public policy, notwith-
 17 standing that such waivers might otherwise be permitted by federal law.
 18 3. A certificate that such property has been tested for radon shall
 19 not be required in connection with any of the following transfers of
 20 residential real property:
 21 (a) A transfer to a beneficiary of a deed of trust;
 22 (b) A transfer by a fiduciary in the course of the administration of a
 23 decedent's estate, a guardianship, a conservatorship, or a trust;
 24 (c) A transfer from one co-owner to one or more other co-owners;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08828-01-5

 S. 5112 2

 1 (d) A transfer made to the transferor's spouse or to one or more
 2 persons in the lineal consanguinity of one or more of the transferors;
 3 (e) A transfer between spouses or former spouses as a result of a
 4 decree of divorce, dissolution of marriage, annulment, or legal sepa-
 5 ration or as a result of property settlement, agreement incidental to a
 6 decree of divorce, dissolution of marriage, annulment or legal sepa-
 7 ration;
 8 (f) A transfer to or from the state, a political subdivision of the
 9 state, or another governmental entity;
 10 (g) A transfer by a sheriff; or
 11 (h) A transfer pursuant to a partition action.
 12 4. Nothing contained in this article is intended to prevent the
 13 parties to a contract of sale from entering into agreements of any kind
 14 or nature with respect to the physical condition of the property to be
 15 sold, including, but not limited to, agreements for the sale of real
 16 property "as is".
 17 5. An agent representing a seller of residential real property as a
 18 listing broker, or, if the seller is not represented by an agent, the
 19 agent representing the buyer of residential real property and dealing
 20 with a prospective seller, shall have the duty to timely (in any event,
 21 before the buyer signs a binding contract of sale) inform each seller of
 22 the seller's obligations under this section. An agent representing a
 23 buyer of residential real property, or, if the buyer is not represented
 24 by an agent, the a