2023 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.