Section 333. When conveyances of real property not to be recorded  


Latest version.
  • 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 state board of
      real property services and the fee prescribed  pursuant  to  subdivision
      three of this section.
        ii. Such transfer report form shall contain information as required by
      such board 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 be certified as to the accuracy of the contents  by  the
      transferor  or  transferors and the transferee or transferees. Provided,
      however, if the conveyance of real property occurs  as  a  result  of  a
      taking   by  eminent  domain,  tax  foreclosure,  or  other  involuntary
      proceeding such form may be certified only by either the condemnor,  tax
      district,  or  other party to whom the property has been conveyed, or by
      that party's attorney. 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 state board of real property services as set
      forth in  subparagraphs  one  through  four  of  paragraph  ii  of  this
      subdivision.
        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 state office of real property
      services 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.