NY Real Prop L § 291-I (2021)
2021 New York Laws RPP - Real Property Article 9 - Recording Instruments Affecting Real Property 291-I - Validity of Electronic Recording.

§  291-i. Validity of electronic recording. 1. Notwithstanding any law to the contrary, (a) where a law, rule  or  regulation  requires,  as  a condition  for  recording, that an instrument affecting real property be an original, be on paper or another tangible medium or  be  in  writing, the  requirement  is  satisfied  by  a  digitized  paper  document or an electronic record of such instrument;  (b) where a law, rule or  regulation  requires,  as  a  condition  for recording,  that  an  instrument  affecting real property be signed, the requirement is satisfied, where the instrument  exists  as  a  digitized paper  document, if the digitized image of a wet signature of the person executing such instrument appears on such digitized paper  document  or, where  the  instrument exists as an electronic record, if the instrument is signed by use of an electronic signature;  (c) where a law, rule  or  regulation  requires,  as  a  condition  of recording,  that  an  instrument  affecting real property or a signature associated with such an instrument be notarized, acknowledged, verified, witnessed or made under oath, the signature requirement is satisfied if: (i) the digitized image of a wet signature of the person  authorized  to perform that act and any stamp, impression or seal required by law to be included,  appears  on a digitized paper document of such instrument; or (ii) the electronic signature of the person authorized to  perform  that act,  and  all other information required to be included, is attached to or logically associated with an electronic record  of  such  instrument, provided,  however  that  no  physical  or  electronic image of a stamp, impression or seal  shall  be  required  to  accompany  such  electronic signature.  (d)  where  a  law,  rule  or  regulation  requires, as a condition of recording an instrument affecting real property, that  any  accompanying document  be  filed  therewith,  the requirement is satisfied if, in the case of recording by electronic means, a  digitized  paper  document  or electronic  record of any such accompanying document is presented to the recording officer at the same time as such  instrument  is  recorded  by electronic  means;  provided  that each such document or record shall be presented to  the  recording  officer  as  a  separate  digitized  paper document or electronic record unto itself.   2.  A  digitized  paper document or documents shall be created using a software application or other electronic process which stores  an  image of  the  original paper document or documents, and which does not permit additions, deletions or other changes to  the  digitized  image,  or  if additions,  deletions  or  changes  are  permitted, a media trail exists which creates an electronic record which makes it possible  to  identify these changes.   3.  Nothing  in  this  section  or any other provision of law shall be construed to require the recording by electronic  means  of  instruments affecting   real   property.  The  decision  by  each  county  clerk  to participate in electronic recording  is  discretionary.  Once  a  county clerk  permits  electronic  recording,  the  county  shall  accept  such electronic recordings.   4. Where any recording  officer  permits  instruments  affecting  real property and any accompanying documents to be presented for recording or filing  as  digitized  paper documents or electronic records pursuant to this section, such recording by electronic means shall be in  accordance with the rules and regulations established by the electronic facilitator pursuant to subdivision five of this section.   5.  In  order to ensure consistency in the standards and practices of, and the  technology  used  by  recording  officers  in  the  state,  the electronic  facilitator,  as described in section three hundred three of the state technology law,  shall,  consistent  with  the  provisions  of  article  three  of  the  state  technology  law,  promulgate  rules  and regulations, and amendments thereto, as appropriate  governing  the  use and  acceptance  of  digitized  paper  documents, electronic records and electronic  signatures  under this article. Such authority shall address and be limited to  standards  requiring  adequate  information  security protection  to  ensure  that electronic records of instruments affecting real property documents are accurate,  authentic,  adequately  preserved for  long-term  electronic  storage  and  resistant  to  tampering. When promulgating rules and regulations, the electronic facilitator may  take into  consideration:  (a)  the  most  recent  standards  promulgated  by national  standard-setting  bodies  such  as,  without  limitation,  the property  records  industry  association;  (b)  the  views of interested persons and governmental  officials  and  entities,  including  but  not limited  to  recording  officers and representatives of the state title, legal and banking industries; and (c) the needs of counties  of  varying size, population, and resources.   6. Nothing contained in this section shall be construed to authorize a recording  officer  to  furnish digitized paper documents of the reports required by section five hundred seventy-four of the real  property  tax law.  Such  reports  shall  be  furnished  as  paper  documents with the requisite notations thereon,  except  where  the  state  board  of  real property  services has agreed to accept data submissions in lieu thereof or has provided for the electronic transmission of such data pursuant to law.