N.Y. RPP Law § 333 — New York Code / Act RPP / Article 9 / Section 333
When conveyances of real property not to be recorded
Status: in_force

§ 333. When conveyances of real property not to be recorded. 1. After\nSeptember thirtieth, nineteen hundred and ten, a recording officer shall\nnot record or accept for record any conveyance of real property executed\nsubsequent to said September thirtieth, nineteen hundred and ten, unless\nthe residence of the purchaser and if in a city of over five hundred\nthousand inhabitants according to the last federal census the street\nnumber of the residence of the purchaser shall be stated therein and\nsuch residence and street number shall be recorded with the conveyance.\nAfter May first, nineteen hundred and fourteen, a recording officer\nshall not record or accept for record any conveyance of real property\nexecuted subsequent to said first day of May, nineteen hundred and\nfourteen, if in a city of over two hundred thousand inhabitants\naccording to the last federal census, unless the street number of the\nresidence of the purchaser shall be stated therein and such residence\nand street number shall be recorded with the conveyance; provided,\nhowever, that this section shall not operate to invalidate any\nconveyance of real property, heretofore or hereafter executed, in which\nthe residence or street number of the purchaser shall not have been\nstated, nor affect the record of any such conveyance accepted for record\nand recorded, heretofore or hereafter, contrary to the provisions of\nthis section, nor impair any title founded on such a conveyance or\nrecord. After July first, nineteen hundred thirty-five, a recording\nofficer of the county of Nassau shall not record or accept for record\nany conveyance of real property executed subsequent to said first day of\nJuly, nineteen hundred thirty-five, unless the city or incorporated\nvillage in which such real property is located be stated therein, and if\nnot located in a city or incorporated village, then the township in\nwhich located shall be stated therein; provided, however, that this\nsection shall not operate to invalidate any conveyance of real property,\nheretofore or hereafter executed, in which the description fails to\ndesignate the city or incorporated village in which the real property is\nlocated, nor affect the record of any such conveyance accepted for\nrecord and recorded, heretofore or hereafter contrary to the provisions\nof this section, nor impair any title founded on such a conveyance or\nrecord.\n  1-a. After September first, nineteen hundred forty, a recording\nofficer shall not record or accept for record any conveyance of real\nproperty executed subsequent to said first day of September, nineteen\nhundred forty, unless the residence of the seller and of the purchaser,\nincluding the street and street number of the residence if any there be,\nshall be stated therein and such residences, including street and street\nnumber if any, shall be recorded with the conveyance; provided, however,\nthat the provisions of this subdivision shall not operate to invalidate\nany conveyance of real property, executed subsequent to said first day\nof September, nineteen hundred forty, in which the residence, including\nstreet and street number if any, of the seller and of the purchaser\nshall not have been stated, nor affect the record contrary to the\nprovisions of this subdivision, nor impair any title founded on such a\nconveyance or record.\n  1-b. With respect to instruments executed after September first,\nnineteen hundred forty-four, the terms seller and purchaser, as used in\nthis section, shall include any party to a conveyance of real property.\n  1-c. With respect to instruments executed after September first,\nnineteen hundred forty-four, the term conveyance of real property as\nused in this section shall include any conveyance as defined in\nsubdivision three of section two hundred ninety of the real property law\nand any instrument entitled to be recorded under section two hundred\nninety-four of the real property law.\n  1-d. After September first, nineteen hundred fifty-five a recording\nofficer shall not record or accept for record any deed transferring\ntitle to real property executed subsequent to September first, nineteen\nhundred fifty-five, unless the city, town and village in which such real\nproperty is located be stated therein; provided, however, that this\nsection shall not operate to invalidate any such deed, heretofore or\nhereafter executed, in which the description fails to designate the\ncity, town and village in which the real property is located, nor affect\nthe record of any such deed accepted for record and recorded, heretofore\nor hereafter contrary to the provisions of this section, nor impair any\ntitle founded on such deed or record.\n  1-e. i. A recording officer shall not record or accept for recording\nany conveyance of real property affecting land in New York state unless\naccompanied by one of the following:\n  (1) a receipt issued by the commissioner of taxation and finance\npursuant to subdivision (c) of section fourteen hundred twenty-three of\nthe tax law; or\n  (2) a transfer report form prescribed by the commissioner of taxation\nand finance, and the fee prescribed pursuant to subdivision three of\nthis section.\n  ii. Such transfer report form shall contain information as required by\nsuch commissioner including:\n  (1) the mailing address of the new owner;\n  (2) the tax billing address, if different from the owner's mailing\naddress;\n  (3) the appropriate tax map designation, if any;\n  (4) a statement of the full sales price relating thereto;\n  (5) a statement indicating whether the parcel is located in an\nagricultural district and, if so, whether a disclosure notice has been\nprovided pursuant to section three hundred thirty-three-c of this\narticle and section three hundred ten of the agriculture and markets\nlaw;\n  (6) a statement indicating whether the property described in such deed\nis the entire parcel owned by the transferor or transferors;\n  (7) in the event the parcel conveyed by such deed is a portion of the\nparcel owned by the transferor or transferors, a statement indicating\nwhether the city, town or village in which such property is situated has\na planning board or other entity empowered to approve subdivisions; and\n  (8) in the event such planning board or other entity is empowered to\napprove subdivisions, a statement indicating whether the parcel conveyed\nby such deed is (a) not subject to such subdivision approval or (b) such\nsubdivision has been approved by the respective city, town or village\nplanning board or other entity empowered to approve subdivisions.\n  iii. Such transfer report form shall not constitute part of nor be\nretained with the record of conveyance.\n  iv. For the purposes of this subdivision:\n  (1) "Tax billing address" means the address designated by the owner to\nwhich tax bills shall be sent.\n  (2) "Full sales price" means the price actually paid or required to be\npaid for the real property or interest therein, whether paid or required\nto be paid by money, property, or any other thing of value, including\nthe cancellation or discharge of an indebtedness or obligation, and the\namount of any lien or encumbrance on the real property or interest\ntherein which existed before the delivery of the deed and which remains\nthereon after the delivery of the deed, but excluding the fair market\nvalue of any personal property received by the buyer.\n  (3) "Qualifying farm property" means property for which the property\nclassification code on the latest final assessment roll, as reported on\nthe transfer report form, is in the agricultural category.\n  (4) "Qualifying residential property" means property which satisfies\nat least one of the following conditions:\n  (a) The property classification code assigned to the property on the\nlatest final assessment roll, as reported on the transfer report form,\nindicates that the property is a one, two or three family home or a\nrural residence, or\n  (b) The transfer report form indicates that the property is one, two\nor three family residential property that has been newly constructed on\nvacant land, or\n  (c) The transfer report form indicates that the property is a\nresidential condominium.\n  v. (1) The provisions of this subdivision shall not operate to\ninvalidate any conveyance of real property where one or more of the\nitems designated as subparagraphs one through eight of paragraph ii of\nthis subdivision, have not been reported or which has been erroneously\nreported, nor affect the record contrary to the provisions of this\nsubdivision, nor impair any title founded on such conveyance or record.\n  (2) Subject to the provisions of section fourteen hundred twenty-three\nof the tax law, such form shall contain an affirmation as to the\naccuracy of the contents made both by the transferor or transferors and\nby the transferee or transferees. Provided, however, that if the\nconveyance of real property occurs as a result of a taking by eminent\ndomain, tax foreclosure, or other involuntary proceeding such\naffirmation may be made only by either the condemnor, tax district, or\nother party to whom the property has been conveyed, or by that party's\nattorney. The affirmations required by this paragraph shall be made in\nthe form and manner prescribed by the commissioner, provided that\nnotwithstanding any provision of law to the contrary, affirmants may be\nallowed, but shall not be required, to sign such affirmations\nelectronically.\n  vi. Any deed executed and delivered prior to July first, nineteen\nhundred ninety-four may nevertheless be recorded in the office of the\ncounty clerk providing there is submitted therewith, and in place of\nsuch form, a separate statement signed by the transferor or transferors\nand the transferee or transferees or any person having sufficient\nknowledge to sign such form which contains the same information required\nby the commissioner of taxation and finance as set forth in\nsubparagraphs one through four of paragraph ii of this subdivision.\n  1-f. Each conveyance of real property affecting land in Suffolk county\npresented to the recording officer of such county for recording shall,\nin addition to complying with the requirements of subdivision one-e of\nthis section, contain in the body thereof or have endorsed thereon the\nmap designation or designations of the property maps of the real\nproperty tax service agency of such county. The recording officer of\nsuch county shall not record or accept for record, any conveyance of\nreal property affecting land in such county unless said instrument of\nconveyance is accompanied by a three dollar certification fee for each\nparcel of real property conveyed, to defray the cost of verifying the\ntax map designation prior to recording. This certification fee shall be\npayable to the Suffolk county clerk and shall be in addition to any\nother applicable recording fees or charges. The provisions of this\nsubdivision shall not operate to invalidate any conveyance of such real\nproperty on which the appropriate map designation or designations shall\nnot have been stated or which may have been erroneously stated nor\naffect the record contrary to the provisions of this subdivision, nor\nimpair any title founded on such conveyance or record.\n  2. A recording officer shall not record or accept for record any\nconveyance of real property, unless said conveyance in its entirety and\nthe certificate of acknowledgment or proof and the authentication\nthereof, other than proper names therein which may be in another\nlanguage provided they are written in English letters or characters,\nshall be in the English language, or unless such conveyance, certificate\nof acknowledgment or proof, and the authentication thereof be\naccompanied by and have attached thereto a translation in the English\nlanguage duly executed and acknowledged by the person or persons making\nsuch conveyance and proved and authenticated, if need be, in the manner\nrequired of conveyances for recording in this state, or, unless such\nconveyance, certificate of acknowledgment or proof, and the\nauthentication thereof be accompanied by and have attached thereto a\ntranslation in the English language made by a person duly designated for\nsuch purpose by the county judge of the county where it is desired to\nrecord such conveyance or a justice of the supreme court and be duly\nsigned, acknowledged and certified under oath or upon affirmation by\nsuch person before such judge, to be a true and accurate translation and\ncontain a certification of the designation of such person by such judge.\n  3. (i) When a recording officer is presented with a conveyance for\nrecording that is accompanied by a receipt issued by the commissioner of\ntaxation and finance pursuant to subdivision (c) of section fourteen\nhundred twenty-three of the tax law, such recording officer shall be\nrelieved of the responsibility to collect the fee described by this\nsubdivision. He or she shall nonetheless be entitled to the portion of\nsuch fee that he or she would otherwise have deducted pursuant to this\nsubdivision, as provided by subdivision (b) of section fourteen hundred\ntwenty-three of the tax law.\n  (ii) When a recording officer is presented with a conveyance for\nrecording that is not accompanied by such a receipt, he or she shall\nimpose a fee of two hundred fifty dollars, or in the case of a transfer\ninvolving qualifying residential or farm property as defined by\nparagraph iv of subdivision one-e of this section, a fee of one hundred\ntwenty-five dollars, for every real property transfer reporting form\nsubmitted for recording as required under subparagraph two of paragraph\ni of subdivision one-e of this section. In the city of New York, the\nrecording officer shall impose a fee of one hundred dollars for each\nreal property transfer tax form filed in accordance with chapter\ntwenty-one of title eleven of the administrative code of the city of New\nYork, except where a real property transfer reporting form is also\nsubmitted for recording for the transfer as required under subparagraph\ntwo of paragraph i of subdivision one-e of this section. The recording\nofficer shall deduct nine dollars from such fee and remit the remainder\nof the revenue collected to the commissioner of taxation and finance\nevery month for deposit into the general fund. The amount duly deducted\nby the recording officer shall be retained by the county or by the city\nof New York.\n