dliu1/legal-llama-raw-text huggingface dataset:
brokerage), a licensed real estate broker acting in the interest of the:
(  ) Landlord as a     (  ) Tenant as a
(check relationship below) (check relationship below)
(  ) Landlord's agent  (  ) Tenant's agent
(  ) Broker's agent    (  ) Broker's agent
(  ) Dual agent        (  ) Dual agent with designated sales agents
(  ) Advance informed consent to dual agency  with  designated  sales
_________________________ is appointed to represent the tenant; and
_________________________ is  appointed  to  represent the landlord in
this transaction.
(I)  (We)  _____________________________________________   acknowledge
receipt of a copy of this disclosure form:
Signature of { } Landlord(s) andor { } Tenant(s):
Date: _______________              Date: ________________
5.  This  section  shall not apply to a real estate licensee who works
with a buyer, seller, tenant or landlord in accordance with terms agreed
to by the licensee and buyer,  seller,  tenant  or  landlord  and  in  a
capacity  other than as an agent, as such term is defined in paragraph a
of subdivision one of this section.
6. Nothing in this section shall be construed to limit  or  alter  the
application of the common law of agency with respect to residential real
estate transactions.
§   443-a.   Disclosure  obligations.  1.  Notwithstanding  any  other
provision of law, it is not  a  material  defect  or  fact  relating  to
property  offered  for  sale  or  lease,  including residential property
regardless of the number of units contained therein, that:
(a) an owner or occupant of the  property  is,  or  was  at  any  time
suspected to be, infected with human immunodeficiency virus or diagnosed
with  acquired immune deficiency syndrome or any other disease which has
been determined  by  medical  evidence  to  be  highly  unlikely  to  be
transmitted through occupancy of a dwelling place; or
(b)  the  property  is,  or  is  suspected to have been, the site of a
homicide, suicide or other death by accidental or natural causes, or any
crime punishable as a felony.
2. (a) No cause of action shall arise against an owner or occupant  of
real property, or the agent of such owner or occupant, or the agent of a
seller  or  buyer  of real property, for failure to disclose in any real
estate transaction a fact or suspicion contained in subdivision  one  of
(b)  Failure  to  disclose a fact contained in subdivision one of this
section to a transferee shall not be grounds for a  disciplinary  action
against a real estate agent or broker licensed pursuant to this article.
(c)  As  used in this section, the terms agent, buyer and seller
shall have the same meanings as such terms are defined in  section  four
hundred forty-three of this article.
3.  Notwithstanding  the  fact that this information is not a material
defect or fact, if such information is important to the decision of  the
buyer to purchase or lease the property, the buyer may, when negotiating
or  making  a  bona  fide  offer,  submit  a  written  inquiry  for such
information. The buyer or the agent  of  the  buyer  shall  provide  the
written  request  to  the seller's agent or to the seller if there is no
seller's agent. The seller may choose whether or not to respond  to  the
inquiry.  The seller's agent, with the consent of the seller and subject
to applicable laws regarding privacy,  shall  report  any  response  and
information  to the buyer's agent or to the buyer if there is no buyer's
agent. If there is no  seller's  agent,  the  seller  shall  inform  the
buyer's agent, or the buyer if there is no buyer's agent, whether or not
the seller chooses to provide a response.
4.  This  section  shall  preempt  any local law inconsistent with the
ARTICLE 12-B
HOME INSPECTION PROFESSIONAL LICENSING
Section 444-a. Short title.
444-b. Definitions.
444-c. Code of ethics and standards of practice.
444-d. License requirements for home inspectors.
444-e. Qualifications for licensure.
444-f. License periods, renewals and fees.
444-g. Duty of care of home inspectors.
444-h. Suspension and revocation of licenses.
444-i. Denial of license; complaints; notice of hearing.
444-j. Practice of architecture and professional engineering.
444-k. Liability coverage.
444-l. Duties of the secretary.
444-m. Construction with other laws.
444-n. Unlicensed activities.
444-o. Violations and penalties for unlicensed activities.
444-p. Judicial review.
444-q. Severability.
§  444-a. Short title. This article shall be known and may be cited as
the home inspection professional licensing act.
§  444-b.  Definitions.  As  used in this article, the following terms
1. Client means any person  who  engages  or  seeks  to  engage  the
services  of a home inspector for the purpose of obtaining inspection of
and written report about the condition of a residential building.
2. Department means the department of state.
3. Home inspector means  a  person  licensed  as  a  home  inspector
pursuant to the provisions of this article.
4.  Home  inspection  means  the  process  by which a home inspector
observes and provides a written report of the systems and components  of
a  residential  building  including  but  not limited to heating system,
cooling  system,  plumbing   system,   electrical   system,   structural
components,  foundation,  roof, masonry structure, exterior and interior
components or  any  other  related  residential  building  component  as
recommended  or required by the department through regulation to provide
a  client  with  objective  information  about  the  condition  of   the
residential  building.  The home inspector shall clearly identify in the
written report which systems and components of the residential  building
were  observed.  A  home  inspection shall not include an inspection for
radon or pests.
5. Person means an individual, firm, company,  partnership,  limited
liability company, or corporation.
6.  Residential building means a structure consisting of one to four
dwelling units and their garages and carport but shall not  include  any
such  structure  newly  constructed  or  not  previously  occupied  as a
7. Secretary means the secretary of the department of state.
§  444-c.  Code  of ethics and standards of practice. 1. The secretary
shall promulgate regulations to implement the provisions of this article
including but not limited to:
(a) standards for training including approval of the course  of  study
and examination required for licensure of home inspectors;
(b)  requirements  and  standards  for  continuing  education  of home
inspectors;
(c) a code of ethics and  standards  of  practice  for  licensed  home
inspectors  consistent  with  the  provisions  of this article and sound
ethical practices which code and standards shall be  subject  to  public
notice  and  comment prior to adoption of the regulations. The standards
of practice shall not require a reporting format  or  limit  information
which  licensees  are  authorized  to  provide a client pursuant to this
article; and
(d) development of information and educational  materials  about  home
inspection for distribution to clients.
2.   Nothing  in  this  section  shall  be  deemed  to  supersede  any
established authority, duty and power established by  local  law,  state
law or regulation or otherwise granted to any agency, body or entity.
§  444-d.  License  requirements  for home inspectors. No person shall
conduct or represent that he or she has the ability to  conduct  a  home
inspection for compensation unless such person is:
1. licensed as home inspector pursuant to this article; or
2.  a person regulated by the state or a political subdivision thereof
as an architect who is acting within the scope of his or her profession;
3. a person regulated by the state or a political subdivision  thereof
as  an engineer who is acting within the scope of his or her profession;
4. a person who is employed as a  code  enforcement  official  by  the
state or a political subdivision thereof when acting within the scope of
that government employment; or
5.  a  person  making  home inspections for the purpose of meeting the
requirements of section four hundred forty-four-e  of  this  article  to
qualify for licensure as a home inspector.
§  444-e.  Qualifications for licensure. 1. An applicant for a license
as a home inspector shall:
(a) have successfully completed high school or its equivalent; and
(b) (i) have successfully completed a course of study of not less than
one hundred forty hours approved by the secretary,  of  which  at  least
forty  hours  shall  have  been  in  the  form  of  unpaid  field  based
inspections in the presence of and under the  direct  supervision  of  a
home  inspector  licensed  by  the  state  of New York or a professional
engineer or architect regulated by the state of New  York  who  oversees
and takes full responsibility for the inspection and any report provided
to a client; or
(ii)  have performed not less than one hundred home inspections in the
presence of and  under  the  direct  supervision  of  a  home  inspector
licensed  by  the  state  of  New  York  or  a  professional engineer or
architect regulated by the state of New York who oversees and takes full
responsibility for the inspection and any report provided to  a  client;
(c)  have  passed  the  National  Home  Inspector  examination  or  an
examination offered by the secretary. Any  examination  offered  by  the
secretary  must  meet  or  exceed the national exam standards set by the
Examination Board of Professional Home Inspectors in  consultation  with
the  New  York State Association of Home Inspectors to include questions
related  to  state-specific  procedures,  rules,  and  regulations,  and
changes to state and federal law, and be updated annually; and
(d) pay the applicable fees.
2.  The  provisions  of  this  section  shall  not  apply  to a person
performing a home inspection pursuant to subparagraph (ii) of  paragraph
(b)  of  subdivision  one  of  this  section  for the purpose of meeting
requirements for a home inspector license.
3. Upon submission of an application and payment  of  the  application
and  licensure  fee  to  the secretary, the secretary shall issue a home
inspector's license to a person who holds a  valid  license  as  a  home
inspector  issued by another state or possession of the United States or
the District of Columbia which has standards substantially equivalent to
those of this state as determined by the secretary.
4. On or before the effective date  of  this  article,  the  secretary
shall, upon application, issue a home inspector license to a person who:
(a)  meets  the  requirements of paragraphs (a) and (c) of subdivision
one of  this  section  and  has  performed  one  hundred  or  more  home
inspections  for  compensation  within  two years prior to the effective
date of this section; or
(b) meets the requirements of paragraph (a) of subdivision one of this
section and has been engaged in the  practice  of  home  inspection  for
compensation  for  not less than three years prior to the effective date
of this section during which such person has performed two hundred fifty
home inspections for  compensation  within  three  years  prior  to  the
effective date of this section; or
(c)  has  education  and  experience  which  the  secretary, considers
equivalent to that required pursuant to paragraphs (a) and (b)  of  this
Subdivision.
§  444-f.  License  periods,  renewals  and  fees.  1.  Home inspector
licenses and renewals thereof shall be issued for a period of two years,
except that the secretary may, in order to stagger the  expiration  date
thereof,  provide  that those licenses first issued or renewed after the
effective date of this section shall expire or become  void  on  a  date
fixed  by  the  secretary,  not  sooner  than  six months nor later than
twenty-nine months after the date of issue.  No  renewal  of  a  license
shall be issued unless the applicant has successfully completed a course
of continuing education approved by the secretary.
2.  The secretary shall collect a fee of two hundred fifty dollars for
the first application for a license and the license as a home inspector.
The secretary shall collect a fee of one hundred dollars to renew a home
inspector license. The secretary shall collect  an  examination  fee  of
fifty  dollars. All fees and any fines imposed by the secretary pursuant
to this article  shall  be  deposited  in  the  business  and  licensing
services  account  established pursuant to section ninety-seven-y of the
state finance law.
§  444-g.  Duty  of  care  of home inspectors. 1. Every home inspector
shall comply with  the  provisions  of  this  article,  and  the  rules,
regulations  and  standards  adopted pursuant thereto. The duty of every
home inspector shall be to the client.
2. Every home inspector shall display his or her  license  number  and
status  as a licensed home inspector on every home inspection report and
in all advertising. Upon request of any client or interested party to  a
real  estate  transaction, every home inspector shall provide such proof
of licensure pursuant  to  this  article  as  shall  be  issued  by  the
secretary for such purpose.
3.  No  later  than  five business days after the completion of a home
inspection on behalf of a client, each home inspector shall provide such
client with a written report of the findings  of  such  inspection.  The
home  inspection  shall  clearly  identify  in  the written report which
systems and components of the residential building were observed.  Every
such  written  report  and  the  information  contained therein shall be
deemed confidential and shall  not  be  disclosed  without  the  express
consent    of   the   client;   provided,   however,   that   department
representatives, conducting an investigation or other official  business
for  the  purpose  of  enforcing this article, shall have access to such
reports and the information contained therein.
4. No home inspector shall:
(a) perform or offer to perform, for any additional fee,  any  repair,
improvement  or  replacement of any component or system in a residential
building for  which  such  inspector,  or  partner  thereof  shall  have
prepared  a  home  inspection  report prior to the close of escrow. This
paragraph shall not  include  repairs  to  components  and  systems  not
included in the standards of practice adopted pursuant to this article;
(b)  inspect any residential building in which such inspector, partner
or relative thereof has a financial interest  or  any  interest  in  the
transfer thereof, including the receipt of any commission as an agent;
(c)  offer  to  provide  or  provide  any  commission, referral fee or
kickback to the seller of any inspected residential building, or to  the
agent  of  either or both the seller and buyer of such building, for the
referral of any business to such inspector or partner thereof; or
(d)  agree  to  perform  any  home  inspection  or  prepare  any  home
inspection  report  for  which  compensation or employment is contingent
upon the conclusions of the home inspection report,  pre-established  or
prescribed findings, or the closing of a real estate transaction.
Nothing  in  this  article  authorizes  a  home  inspector to practice
engineering or architecture.
§  444-h.  Suspension and revocation of licenses. 1. The secretary may
refuse to grant or may suspend or revoke a home inspector  license,  and
may  impose  a  civil  penalty  not  to  exceed one thousand dollars per
violation, upon proof to the satisfaction  of  the  secretary  that  the
holder thereof has:
(a)  Violated  the  provisions  of  subdivision  four  of section four
hundred forty-four-g of this article;
(b) Disclosed any information  concerning  the  results  of  the  home
inspection   without   the  approval  of  the  client  or  the  client's
representatives;
(c) Accepted compensation from more than one interested party for  the
same service without the consent of all interested parties;
(d)  Accepted  commissions or allowances, directly or indirectly, from
other parties dealing with the client in connection with work for  which
the licensee is responsible;
(e)  Failed  to  disclose  promptly  to a client information about any
business interest of the licensee which may reasonably affect the client
in connection with the home inspection;
(f) Been convicted of a felony  involving  fraud,  theft,  perjury  or
bribery;
(g)  Failed  to  pay  a  fine  or restitution ordered by the secretary
within a reasonable time; or
(h) Made a willfully false statement in the context of home inspection
activities or an application for licensure pursuant to this article.
2. Whenever a license  is  revoked  pursuant  to  this  section,  such
license  shall  not be reinstated or reissued until after the expiration
of a period of five years from the date of such revocation.
3. A violation of this article by a professional engineer or architect
regulated by the state of New York shall be enforced by their respective
state licensing boards.
§  444-i.  Denial  of  license;  complaints;  notice  of  hearing. The
department shall,  before  making  a  final  determination  to  deny  an
application  for a license, revoke a license, suspend a license, issue a
reprimand, or impose a civil penalty  for  violation  of  this  article,
notify  the  applicant  or  licensee  in writing of the reasons for such
proposed denial, revocation, suspension, reprimand, or imposition  of  a
civil  penalty and afford the applicant or licensee an opportunity to be
heard in person  or  by  counsel.  Such  notification  shall  be  served
practice  law  and  rules  for  service  of  a  summons. If a hearing is
requested, such hearing shall be held at such  time  and  place  as  the
department shall prescribe and shall be conducted in accordance with the
provisions  of  the state administrative procedure act. If the applicant
or licensee fails to make a written request for a hearing within  thirty
days  after  receipt  of  such notification, then the notification shall
become the final determination of the department. The department, acting
by such officer or  person  in  the  department  as  the  secretary  may
designate, shall have the power to subpoena and bring before the officer
or  person so designated any person in this state and administer an oath
to and take testimony of any person or cause his or her deposition to be
taken. A subpoena issued under this section shall be  regulated  by  the
civil  practice  law  and  rules. If, after such hearing, the license is
denied, revoked, or suspended, a reprimand is issued, or a civil penalty
is imposed, written notice of such determination shall  be  served  upon
the  applicant  or  licensee  personally  or by certified mail or in any
manner authorized by the civil practice law and rules for the service of
a summons.
§  444-j.  Practice  of  architecture  and professional engineering. A
person regulated by the state of New York to engage in the  practice  of
architecture  when  acting  within  the scope of that practice, a person
licensed in the state of New York to practice  professional  engineering
when  acting  within  the  scope  of  that  practice  or a person who is
employed as a code enforcement official by  the  state  or  a  political
subdivision  thereof  when  acting  within  the scope of that government
employment may  perform  home  inspections  without  need  of  licensure
pursuant to this article.
§  444-k.  Liability coverage. 1. Every licensed home inspector who is
engaged in home inspection shall secure, maintain,  and  file  with  the
secretary  proof of a certificate of liability coverage, which terms and
conditions shall be determined by the secretary.
2. Every proof of liability coverage required to  be  filed  with  the
secretary  shall  provide  that cancellation or nonrenewal of the policy
shall not be effective unless and until at least  ten  days'  notice  of
intention  to  cancel  or  nonrenew  has been received in writing by the
§  444-l.  Duties of the secretary. The secretary shall establish such
rules and regulations as shall be necessary to implement the  provisions
§  444-m.  Construction with other laws. Nothing in this article shall
prevent  any  licensed  engineer,  registered  architect  or  any  other
licensed  or  regulated  profession or governmental employee from acting
within the scope of his or her profession or employment.
§  444-n.  Unlicensed  activities.  The  secretary  may issue an order
requiring restitution andor directing the cessation of any activity for
which a license is required by this article upon a determination that  a
person has engaged in or followed the business or occupation of, or held
himself,  herself,  or  itself  out  as  or  acted  as,  temporarily  or
otherwise, a home inspector within this state without a  valid  license.
The  department  shall, before making such determination and order, give
such person notice as provided in section four hundred  forty-four-i  of
this article and afford such person an opportunity to be heard in person
or  by  counsel  in reference thereto in an adjudicatory proceeding held
§  444-o.  Violations  and  penalties  for  unlicensed activities. Any
person subject to  an  administrative  order  issued  by  the  secretary
directing  the cessation of any activity for which a license is required
andor suspending or revoking a license previously issued  who  directly
or indirectly engages in the business of home inspection, holds himself,
herself,  or  itself  out  to  the public as being able to engage in the
business of home inspection without a license therefor, engages  in  the
business  of  home inspection after having his or her license revoked or
suspended, or without a license  to  engage  in  the  business  of  home
inspection,  directly  or  indirectly  employs, permits or authorizes an
unlicensed person to engage in the business of home inspection shall  be
guilty  of  a misdemeanor and upon the first conviction thereof shall be
sentenced to a fine of not more than one thousand dollars; upon a second
or subsequent conviction thereof shall be sentenced to  a  fine  of  not
less than one thousand dollars nor more than five thousand dollars. Each
violation of this article shall be deemed a separate offense.
§  444-p.  Judicial review. The action of the secretary in suspending,
revoking, or refusing to issue or renew a license, or imposing an  order
directing  the  cessation  of  unlicensed activity or imposing a fine or
reprimand may be reviewed by the supreme court in the manner provided by
article seventy-eight of the civil practice law and rules.
§  444-q.  Severability.  In  the event it is determined by a court of
competent jurisdiction  that  any  phrase,  clause,  part,  subdivision,
paragraph  or  section,  or  any  of  the provisions of this article, is
unconstitutional or otherwise invalid or inoperative, such determination
shall not affect the validity or effect of the remaining  provisions  of
ARTICLE 12-C
APARTMENT INFORMATION VENDORS
Section 446-a. Definitions.
446-b. License required.
446-c. Contracts; fees; reporting procedures.
446-d. Display of license and business sign.
446-e. Revocation and suspension of licenses.
446-f. Notice of hearing on complaints.
446-g. Judicial review.
446-h. Violations.
446-i. Rules and regulations.
446-j. Partial invalidity.
§  446-a.  Definitions.  As  used  in this article, unless the context
otherwise requires: 1. Person means any natural  person,  corporation,
limited liability company, partnership, firm, or association.
2.  Apartment information vendor means any person who engages in the
business of claiming, demanding,  charging,  receiving,  collecting,  or
contracting  for the collection of, a fee from a customer for furnishing
information concerning the location and availability of  real  property,
including  apartment  housing,  which  may  be leased, rented, shared or
sublet as  a  private  dwelling,  abode,  or  place  of  residence.  The
definition  of  apartment  information vendor shall include an apartment
sharing agent which means any person who, for a fee, arranges, conducts,
coordinates, handles or causes  meetings  between  a  customer  and  the
current  owner  or occupant of legally occupied real property, including