dliu1/legal-llama-raw-text huggingface dataset:
apartment housing, who wishes to share that housing  with  one  or  more
individuals  as  a private dwelling, abode or place of residence, but it
shall not apply to any person who for another and for a fee,  commission
or   other  valuable  consideration,  supervises,  organizes,  arranges,
coordinates, handles or is otherwise in charge of or responsible for the
relocation of  commercial  or  residential  tenants  from  buildings  or
structures  that  are  to  be  demolished,  rehabilitated,  remodeled or
otherwise structurally altered.
3. Advance fee means any fee claimed, demanded, charged, received or
collected from a customer before the customer has  leased  or  rented  a
private  dwelling,  abode  or place of residence through the information
provided by an apartment information vendor.
§  446-b. License required. 1. It is unlawful for any person to act or
engage in the business as an apartment information vendor in this  state
without  first having obtained a license from the secretary of state. No
person shall be granted a license until he has established  that  he  is
trustworthy and bears a reputation for good and fair dealing.
2.  The  application  for such license shall be filed in the office of
the secretary of state on such forms as the secretary may prescribe.
3. When the apartment information vendor maintains more than one place
of business, he shall apply for a supplemental license for  each  branch
office  so  maintained.  Supplemental  licenses  shall  be conspicuously
displayed in each branch office. The display of an  expired  license  by
any  person,  firm,  partnership  or  corporation  is a violation of the
4. From and after the date when this subdivision  shall  take  effect,
the  term  for  which  a  license shall be issued or reissued under this
article shall be a period  of  one  year  beginning  the  first  day  of
November in any year and ending the thirty-first day of October one year
later. A license which takes effect on a day other than the first day of
November   in  any  year  shall  extend  for  a  term  expiring  on  the
thirty-first day of October following the  date  on  which  the  license
takes effect.
5.  Any license granted under the provisions hereof may be renewed for
one year by the secretary upon application therefor by  the  holder,  in
such  form  as  the  secretary may prescribe. The secretary may dispense
with the requirement for the filing of such statements as was  contained
in the original application for license.
6. Every applicant for a license under the provisions of this section,
shall establish and maintain a special interest bearing trust account in
the minimum amount of five thousand dollars in a branch of a national or
state  chartered  banking  institution having a place of business within
the state, plus twenty-five hundred dollars for each additional licensed
office, except that any applicant whose business is limited  exclusively
to  acting  as an apartment sharing agent shall be required to establish
and maintain an account of only twenty-five hundred dollars plus  twelve
hundred  fifty  dollars  for each additional licensed office. No license
shall be issued unless a copy of a certificate of  deposit  showing  the
minimum  balance in said special interest bearing trust account has been
filed with the secretary simultaneously with the filing of  the  license
application.  Moneys  may  be withdrawn, from such account only upon the
certification of the secretary.
7. No license shall be granted to a person under the age  of  eighteen
or  a corporation, limited liability company, partnership or association
whose principal shareholder, member or partner is under such age.
§  446-c.  Contracts;  fees;  reporting procedures. 1. Every apartment
information vendor licensed under this article shall  furnish  customers
with  a  contract prepared on a form approved by the secretary of state.
Such contract shall include in plain language form a  statement  setting
forth   the   sources   of   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.
1-a.  Each  listing  of  real  property  furnished  by  the  apartment
information vendor  shall  cite  the  source  of  information  for  each
property  in plain language form, provided, however, that the failure to
provide such information  shall  not  constitute  a  violation  of  this
article  but shall be grounds for license suspension pursuant to section
four hundred forty-six-e of this article.
2. No  apartment  information  vendor  shall  claim,  demand,  charge,
receive,  collect  or contract for an advance fee from a customer except
as set forth in subdivision five of this section. In no event shall  the
fee charged to the customer or legal occupant exceed one month's rent.
3.  Notwithstanding  the above, an apartment information vendor may at
any time accept a fee from the current legal occupant of  real  property
including apartment housing available to share or sublet.
4.  Each  apartment  information  vendor shall file a quarterly report
with the secretary containing such  information  as  the  secretary  may
require.
5.  (a)  An  apartment  information  vendor  may  retain not more than
fifteen dollars out of any advance fee for administrative services.  The
balance of any advance fee shall be placed in an account similar to that
required  by subdivision six of section four hundred forty-six-b of this
article, except that it need not be interest  bearing  and  moneys  from
such  account  may  be  withdrawn  as  provided in paragraph (b) of this
subdivision. The balance of the advance fee shall  continue  to  be  the
property of the person paying the advance fee and shall be held in trust
by  the  apartment  information vendor. Such balance may be mingled with
other moneys in such account and  any  interest  thereon  shall  be  the
property  of the apartment information vendor.  Such vendor shall notify
in writing each person paying an advance fee giving the name and address
of the banking organization in which the advance fee is deposited.
(b) If the customer  pays  an  advance  fee,  the  contract  with  the
apartment  information vendor shall contain a provision stating that the
customer may, under the  circumstances  set  forth  in  this  paragraph,
recover  his  advance  fee  less  the amount deducted for administrative
services. The vendor shall be entitled to his fee when  a  customer  has
leased or rented a private dwelling, abode or place of residence through
the  information provided by the vendor.  Within ten days of the receipt
by the apartment information vendor of written notice stating  that  the
customer  paying  an  advance  fee  has  not  leased or rented a private
dwelling, abode or place of residence through the  information  supplied
by  the  vendor  and  does not intend to rent any such private dwelling,
abode or place of residence, the vendor shall refund  the  advance  fee,
less  the  fee for administrative services, to such customer. The vendor
shall also be required to refund any  portion  of  the  advance  fee  in
excess  of  one  month's  rent  to a customer who has leased or rented a
private dwelling, abode or place of residence  through  the  information
supplied by the vendor.
(c) Notwithstanding anything in this subdivision five to the contrary,
if  the services to be rendered by the apartment information vendor to a
particular customer relate exclusively to acting as an apartment sharing
agent, the vendor may retain the full advance fee, whether  or  not  the
customer leases or rents a private dwelling, abode or place of residence
through  the  information  provided by the vendor, and the provisions of
paragraphs (a) and (b) of this subdivision five shall not be  applicable
to such transaction.
§  446-d.  Display  of  license and business sign. 1. A license issued
hereunder shall be conspicuously displayed at all times by the apartment
information vendor at the place of business for which it was granted.
2. The secretary shall be notified in writing at his or her office  in
Albany  of  any change of a licensee's business address or name, and the
secretary shall issue a license for the unexpired term, upon  return  of
the  original  license.  A licensee who fails to notify the secretary of
any change in business address or name within ten days shall forfeit his
or her license.
§ 446-e. Revocation and suspension of licenses. 1. Powers of secretary
of  state.  The secretary may revoke or suspend a license, impose a fine
not to exceed five thousand dollars, order refunds to aggrieved parties,
and issue reprimands, upon a finding that a licensee has violated any of
the provisions of this article, or has made a material  misstatement  in
his  application  for  such  license, or has been found to be engaged in
fraudulent  practices,  dishonest  or  misleading  advertising,  or  has
demonstrated  untrustworthiness  or  incompetency to act as an apartment
information vendor.
2. Determination of secretary. In the event that the  secretary  shall
revoke  or suspend any such license, impose a fine or issue a reprimand,
his determination shall be in writing and signed by  him.  The  original
thereof  shall be filed in the office of the secretary and copies served
personally or by registered mail upon the  licensee,  addressed  to  his
principal  place  of  business.    All licenses shall be returned to the
secretary within five days after receipt  of  notice  of  revocation  or
suspension,  or  in  lieu  thereof,  the licensee shall make and file an
affidavit in form prescribed by the secretary showing that  the  failure
to return such license is due either to loss or destruction thereof.
3.  The display of a license after revocation or suspension thereof is
a violation of this article.
§  446-f. Notice of hearing on complaints. The secretary shall, before
denying an  application  for,  revoking  or  suspending  a  license,  or
imposing  any  fine or issuing a reprimand to the licensee, and at least
ten days prior to the date set for the hearing, notify  in  writing  the
applicant,  or  licensee  of  any  charges  made  and  shall afford said
applicant or licensee an opportunity to be heard in person or by counsel
in reference thereto. Such written notice  may  be  served  by  delivery
thereof personally to the applicant or licensee, or by certified mail to
the  last  known business address of such licensee, or in the case of an
applicant to the business  address  indicated  on  the  application  for
license.  The hearing on such charges shall be at such time and place as
the secretary shall prescribe. The secretary, acting by such officer  or
person  as  he  may designate, shall have the power to suspend a license
pending a hearing and to subpoena and bring before the officer or person
so designated any  person,  firm  or  corporation  in  this  state,  and
administer  an  oath  to  and  take testimony of any person or cause his
deposition to be taken. A subpoena issued under this  section  shall  be
regulated by the civil practice law and rules.
§  446-g.  Judicial review. The action of the secretary in granting or
refusing to grant or to  renew  a  license  under  this  article  or  in
revoking  or suspending such a license or imposing any fine or issuing a
reprimand to the licensee or refusing to do any of the  foregoing  shall
be  subject  to  review  by  a  proceeding brought under and pursuant to
article seventy-eight of  the  civil  practice  law  and  rules  at  the
instance  of  the  applicant  for such license or holder of a license so
revoked, suspended, fined or reprimanded or the person aggrieved.
§  446-h. Violations. 1. Misdemeanors. Any person, firm or corporation
violating  any  provision  of  this  article  shall  be  guilty   of   a
misdemeanor.  The  commission of a single act prohibited by this article
shall constitute a violation hereof.
2. Criminal actions for violations of this article shall be prosecuted
by the attorney general, or his deputy, in the name of the people of the
state, and in any such prosecution the attorney general, or his  deputy,
shall  exercise  all  the  powers  and  perform all the duties which the
district attorney would  otherwise  be  authorized  to  exercise  or  to
perform  therein.  The  attorney  general shall, upon a conviction for a
violation of  any  provision  of  this  article,  and  within  ten  days
thereafter,  make  and file with the secretary a detailed report showing
the date of such conviction, the name of the person  convicted  and  the
exact nature of the charge.
3.  In  case  the  offender  shall  have  received any sum of money as
compensation or profit by or in consequence  of  his  violation  of  any
provision  of  this article, he shall also be liable to a penalty of not
less than the amount of the  sum  of  money  received  by  him  as  such
compensation  or profit and not more than four times the sum so received
by him, as may be determined by the court, which penalty may be sued for
and recovered by any person aggrieved and for his use  and  benefit,  in
any court of competent jurisdiction.
4.  The  secretary  shall  have the power to enforce the provisions of
this article and upon complaint of any person, or on his own initiative,
to investigate the business, business practices and business methods  of
any  person, firm or corporation applying for or holding a license as an
apartment information vendor, if in his opinion  such  investigation  is
warranted.  Each such applicant or licensee shall be obliged, on request
of  the  secretary  to  supply  such  information  as  may  be  required
concerning  his or its business, business practices or business methods,
or proposed business practices or methods.
5. For the purpose of enforcing the provisions of this article and  in
or  licensee,  or of the officers or agents thereof, the secretary shall
have the power to subpoena and bring before the  officer  or  person  so
designated  any  person  in this state and require the production of any
books or papers which he deems relevant to the inquiry and administer an
oath to and take testimony of any person or cause his deposition  to  be
taken  with  the  same  fees  and  mileage  and  in  the  same manner as
prescribed by law for civil cases in a court of record, except that  any
applicant  or licensee or officer or agent thereof shall not be entitled
to such fees andor mileage.  Any person, duly subpoenaed, who fails  to
obey  such  subpoena  without  reasonable  cause  or  without such cause
refuses to be examined or to answer any legal or pertinent  question  as
to  the character or qualification of such applicant or licensee or such
applicant's or licensee's business, business practices  and  methods  or
such violations, shall be guilty of a misdemeanor.
6.  In  any  criminal proceeding before any court, magistrate or grand
jury, or upon any investigation before the department  of  state  for  a
violation  of  any  of  the  provisions  of  this  section,  the  court,
magistrate or grand jury, or the secretary of state, his deputy or other
officer conducting the investigation, may confer immunity, in accordance
with the provisions of the criminal procedure law.
§  446-i.  Rules  and  regulations.  The secretary may enact rules and
regulations necessary to accomplish the purposes of this article.
§ 446-j. Partial invalidity. If any provision of this article shall be
held unconstitutional, invalid or ineffective, in whole or in part, such
determination  shall  not be deemed to affect, impair, or invalidate the
remainder thereof.
ARTICLE 13
CEMETERY LANDS
Section 450. Lands  used  for  cemetery  purposes  not  to  be  sold  or
mortgaged.
451. Acquisition of  lands  for  cemetery  purposes  in  certain
Counties.
§  450.  Lands used for cemetery purposes not to be sold or mortgaged.
1.  No land actually used and occupied for cemetery  purposes  shall  be
sold under execution or for any tax or assessment, nor shall such tax or
assessment  be  levied,  collected or imposed, nor shall it be lawful to
mortgage such land, or to apply it in payment of debts, so  long  as  it
shall  continue  to  be used for such cemetery purposes, except cemetery
lands in which interments have not been made may be sold under execution
to satisfy a valid judgment of a court of record. Whenever any such land
shall cease to be used for  cemetery  purposes,  any  judgment,  tax  or
assessment which, but for the provisions of this section would have been
levied,  collected  or imposed, shall thereupon forthwith, together with
interest thereon, become and be a lien and charge upon  such  land,  and
collectible  out  of  the same. The provisions of this section shall not
apply to any lands held by the city  of  Rochester  or  to  lands  lying
within the village of Lewiston, Niagara county.
2.  The  provisions of subdivision one of this section shall not apply
to real property taxes and assessments levied or  imposed  on  the  land
described  in  subdivision one of this section on or after the first day
of January, nineteen hundred eighty-two, but the provisions  of  section
four  hundred forty-six of the real property tax law shall be applicable
to such land on or after such date.
§ 451. Acquisition of lands for cemetery purposes in certain counties.
It  shall  not  be  lawful  for  any  person  to take by deed, devise or
otherwise or set apart or use any land or ground in any of the  counties
of  Westchester,  Kings,  Queens,  Richmond,  Bronx, New York, Rockland,
Suffolk, Putnam or Nassau, for cemetery purposes without the consent  of
the  board of supervisors for such county, or of the city council of the
city of New York, as the case may be, first had  and  obtained  in  like
manner  as  provided  for  in  the membership corporations law; and said
board of supervisors or city council in granting such consent may  annex
thereto  such conditions, regulations and restrictions as such board may
deem the public health or the public good require.
ARTICLE 14
PROPERTY CONDITION DISCLOSURE IN THE SALE OF RESIDENTIAL REAL
Section   460. Short title.
461. Definitions.
462. Property condition disclosure statement.
463. Exemptions.
464. Revision.
465. Liability.
466. Duty of an agent.
467. Liability.
§  460.  Short  title. This article shall be known and may be cited as
the property condition disclosure act.
§ 461. Definitions. As used in this article, the following terms shall
1. Agent means a person who is licensed as a real estate broker or a
real estate salesperson pursuant to section four hundred forty-a of this
chapter and is acting in a fiduciary capacity.
2. Binding contract of sale means a real estate purchase contract or
offer that would, upon signing by the seller and subject to satisfaction
of any contingencies, require the buyer to accept a transfer of title.
3. Knowledge means only actual knowledge of a defect or condition on
the part of the seller of residential real property.
4. Real estate purchase contract means any of the following:
(a) a contract which provides for the purchase and sale or exchange of
residential real property;
(b) a lease with an option to purchase residential real property;
(c) a lease-with-obligation-to-purchase agreement for residential real
property; or
(d) an installment land sale contract for residential real property.
5.  Residential  real property means real property improved by a one
to four family dwelling used or occupied, or  intended  to  be  used  or
occupied,  wholly  or  partly,  as  the home or residence of one or more
persons, but shall not refer to (a) unimproved real property upon  which
such  dwellings  are  to  be  constructed,  or  (b) condominium units or
cooperative apartments, or (c) property  in  a  homeowners'  association
that is not owned in fee simple by the seller.
6.   Transfer  of  title  means  delivery  of  a  properly  executed
instrument conveying  title  to  residential  real  property  and  shall
include  delivery  of a real estate purchase contract that is a lease or
installment land sale contract.
§  462.  Property  condition  disclosure  statement.  1.  Except as is
provided in section four hundred  sixty-three  of  this  article,  every
seller  of  residential real property pursuant to a real estate purchase
contract  shall  complete  and  sign  a  property  condition  disclosure
statement as prescribed by subdivision two of this section and cause it,
or  a copy thereof, to be delivered to a buyer or buyer's agent prior to
the signing by the buyer of a binding contract of sale. A  copy  of  the
property  condition  disclosure  statement  containing the signatures of
both seller and buyer shall be attached  to  the  real  estate  purchase
contract. Nothing contained in this article or this disclosure statement
is  intended  to prevent the parties to a contract of sale from entering
into agreements of any kind or  nature  with  respect  to  the  physical
condition  of  the  property  to be sold, including, but not limited to,
agreements for the sale of real property as is.
* 2. The following shall be the disclosure form:
PROPERTY CONDITION DISCLOSURE STATEMENT
NAME OF SELLER OR SELLERS:
PROPERTY ADDRESS:
THE  PROPERTY  CONDITION  DISCLOSURE  ACT  REQUIRES  THE   SELLER   OF
RESIDENTIAL  REAL  PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY
THEREOF TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING
BY THE BUYER OF A BINDING CONTRACT OF SALE.
PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND
INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR
ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM
MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
TRANSFER OF TITLE.
RESIDENTIAL REAL PROPERTY MEANS REAL PROPERTY IMPROVED BY A  ONE  TO
FOUR  FAMILY  DWELLING  USED  OR  OCCUPIED,  OR  INTENDED  TO BE USED OR
OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR  RESIDENCE  OF  ONE  OR  MORE
PERSONS,  BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH
SUCH DWELLINGS ARE  TO  BE  CONSTRUCTED  OR  (B)  CONDOMINIUM  UNITS  OR
COOPERATIVE APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT
IS NOT OWNED IN FEE SIMPLE BY THE SELLER.
INSTRUCTIONS TO THE SELLER:
(a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
(b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
REQUIRED.
(c) COMPLETE THIS FORM YOURSELF.
(d)  IF  SOME  ITEMS  DO  NOT  APPLY  TO  YOUR  PROPERTY,  CHECK  NA
(NON-APPLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK UNKN (UNKNOWN).
SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS  TO
THE  BUYER  BASED  UPON  THE  SELLER'S  ACTUAL  KNOWLEDGE AT THE TIME OF
SIGNING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT,  IF  ANY,
TO  PROVIDE  A  COPY  OF  THIS  STATEMENT  TO A PROSPECTIVE BUYER OF THE
RESIDENTIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE
SELLER AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
GENERAL INFORMATION
1. HOW LONG HAVE YOU OWNED THE PROPERTY?
2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
3. WHAT  IS  THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
THE  STRUCTURE  WAS  BUILT  BEFORE  1978  YOU  ARE  ENCOURAGED   TO
INVESTIGATE FOR THE PRESENCE OF LEAD BASED PAINT.
4. DOES  ANYBODY  OTHER  THAN  YOURSELF  HAVE A LEASE, EASEMENT OR ANY
OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY  OTHER  THAN
THOSE  STATED  IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS? YES NO UNKN NA
5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?   YES  NO
UNKN NA (IF YES, EXPLAIN BELOW)
6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
CLAIM  CHALLENGING  YOUR  TITLE TO THE PROPERTY? YES NO UNKN NA (IF
YES, EXPLAIN BELOW)
7. ARE THERE ANY FEATURES  OF  THE  PROPERTY  SHARED  IN  COMMON  WITH