2023 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.