NY Real Prop L § 333 (2021)
2021 New York Laws RPP - Real Property Article 9 - Recording Instruments Affecting Real Property 333 - When Conveyances of Real Property Not to Be Recorded.

§  333. When conveyances of real property not to be recorded. 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 recording any conveyance of real property affecting land in New York state  unless accompanied by one of the following:  (1)  a  receipt  issued  by  the  commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three  of the tax law; or  (2)  a transfer report form prescribed by the commissioner of taxation and finance, and the fee prescribed pursuant  to  subdivision  three  of this section.   ii. Such transfer report form shall contain information as required by such commissioner 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. (1) 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.  (2) Subject to the provisions of section fourteen hundred twenty-three of  the  tax  law,  such  form  shall  contain  an affirmation as to the accuracy of the contents made both by the transferor or transferors  and by  the  transferee  or  transferees.  Provided,  however,  that  if the conveyance of real property occurs as a result of a  taking  by  eminent domain,   tax   foreclosure,   or   other  involuntary  proceeding  such affirmation may be made only by either the condemnor, tax  district,  or other  party  to whom the property has been conveyed, or by that party's attorney. The affirmations required by this paragraph shall be  made  in the  form  and  manner  prescribed  by  the  commissioner, provided that notwithstanding any provision of law to the contrary, affirmants may  be allowed,   but   shall  not  be  required,  to  sign  such  affirmations electronically.   vi. 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   commissioner   of  taxation  and  finance  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. (i) When a recording officer is presented  with  a  conveyance  for recording that is accompanied by a receipt issued by the commissioner of taxation  and  finance  pursuant  to subdivision (c) of section fourteen hundred twenty-three of the tax law, such  recording  officer  shall  be relieved  of  the  responsibility  to  collect the fee described by this subdivision. He or she shall nonetheless be entitled to the  portion  of such  fee  that he or she would otherwise have deducted pursuant to this subdivision, as provided by subdivision (b) of section fourteen  hundred twenty-three of the tax law.  (ii)  When  a  recording  officer  is  presented with a conveyance for recording that is not accompanied by such a receipt,  he  or  she  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 subparagraph two of paragraph i of 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  subparagraph two  of  paragraph i of 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 commissioner of taxation and finance 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.