reglab/statecodes huggingface dataset:
2023 New York Laws › RPP - Real Property › Article 12 - Registering Title to Real Property › 435 - Form for Certificate of Title.

§  435.  Form  for  certificate  of title. The registrar's certificate
title shall be in the following form:
No. .......                                 First registered ...........
CERTIFICATE OF TITLE.First Certificate) or (Transfer from No. ............) ..............
........................................................................
State of New York,}
}ss.:
County ..........,}
........................................................................
of (residence, and if a minor give his age; if under  other  disability,
state  the  nature  of the disability); is the owner of an estate in fee
simple (or as the case may be) in the following land (here describe  the
premises)  subject  to  the estates, easements, incumbrances and charges
hereunder noted. (In case of trust, condition  or  limitation,  say  "in
trust" or "upon condition" or "with limitation," as the case may be.)
Witness my hand and official seal this (date).
(Seal)                                        ......................,
Registrar.
MEMORIALS
of  estates,  easements  and  charges on the land described in the above
certificate of title.
________________________________________________________________________
________________________________________________________________________
Document |       | Running in |      |   Date of    |  Signature
 number  | Kind  |  favor of  | Terms| registration | of registrar
_________|_______|____________|______|______________|___________________
|       |            |      |              |
|       |            |      |              |
|       |            |      |              |
|       |            |      |              |
_________|_______|____________|______|______________|___________________
________________________________________________________________________
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 440-A - License Required for Real Estate Brokers and Salespersons.

§ 440-a. License required for real estate brokers and salespersons. No
  person,  co-partnership,  limited liability company or corporation shall
  engage in or follow the business or occupation of, or hold themselves or
  itself out or act temporarily or otherwise as a real  estate  broker  or
  real  estate salesperson in this state without first procuring a license
  therefor as provided in this article. No person shall be entitled  to  a
  license  as  a  real  estate  broker  under  this  article, either as an
  individual or as a member of a co-partnership, or as a member or manager
  of a limited liability company or as an officer of a corporation, unless
  they are twenty years of age or over. No person shall be entitled  to  a
  license  as a real estate salesperson under this article unless they are
  over the age of eighteen years. No person shall be entitled to a license
  as a real estate broker or real estate salesperson  under  this  article
  who has been convicted in this state or elsewhere of a crime, unless the
  secretary  makes  a finding in conformance with all applicable statutory
  requirements, including those contained in article twenty-three-A of the
  correction law, that  such  convictions  do  not  constitute  a  bar  to
  licensure.  No  person  shall  be entitled to a license as a real estate
  broker or real estate salesperson under this article who does  not  meet
  the requirements of section 3-503 of the general obligations law.
Notwithstanding  anything  to  the  contrary  in  this section, tenant
  associations and not-for-profit corporations authorized  in  writing  by
  the  commissioner of the department of the city of New York charged with
  enforcement of the housing maintenance  code  of  such  city  to  manage
  residential  property  owned  by  such  city  or appointed by a court of
  competent jurisdiction to manage residential property owned by such city
  shall be exempt from the  licensing  provisions  of  this  section  with
  respect to the properties so managed.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 440-B - Licenses in Putnam County.

§  440-b.  Licenses  in  Putnam  county. On and after the first day of
  July,  nineteen  hundred  thirty-four,  no  person,   copartnership   or
  corporation  shall engage in or follow the business or occupation of, or
  hold themselves or itself out temporarily or otherwise as a real  estate
  broker or real estate salesperson in the county of Putnam, without first
  procuring  a  license  therefor as provided in this article, except that
  such license in such county shall be granted  and  issued,  without  the
  written examination provided in this article, to a person, copartnership
  or  corporation  who  was engaged in business as a real estate broker or
  real estate salesperson in  such  county  prior  to  the  first  day  of
  January, nineteen hundred thirty-four.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 441-D - Salesperson's License Suspended by Revocation or Suspension of Employer's License.

§  441-d.  Salesperson's license suspended by revocation or suspension
  of employer's license.  The  revocation  or  suspension  of  a  broker's
  license  shall  operate  to  suspend  the  license  of  each real estate
  salesperson associated with such broker, pending a change of association
  of the salesperson or the expiration of the period of suspension of  the
  broker's  license. Such suspension of the salesperson's license shall be
  deemed to be a discontinuance  of  association  with  the  broker  being
  suspended.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 441-F - Judicial Review.

§  441-f.  Judicial  review.  The action of the department of state 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
  reprimand on the holder thereof or refusing to revoke or suspend such  a
  license  or impose any fine or reprimand 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, the holder  of  a  license  so  revoked,  suspended,  fined  or
  reprimanded or the person aggrieved.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 442-A - Compensation of Salespersons; Restrictions.

§  442-a.  Compensation  of salespersons; restrictions. No real estate
  salesperson in any place in  which  this  article  is  applicable  shall
  receive or demand compensation of any kind from any person, other than a
  duly  licensed  real  estate  broker  with whom they associated, for any
  service rendered or work done by such  salesperson  in  the  appraising,
  buying,  selling,  exchanging, leasing, renting or negotiating of a loan
  upon any real estate.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 442-B - Discontinuance or Change of Salesperson's Association; Report.

§  442-b.  Discontinuance  or  change  of  salesperson's  association;
  report.  When the association of any real estate salesperson shall  have
  been  terminated for any reason whatsoever, their broker shall forthwith
  notify the department of state thereof in such manner as the  department
  shall  prescribe.  Where change of such salesperson's association is the
  basis for such termination, the  salesperson's  successor  broker  shall
  forthwith  notify  the  department  of such change in such manner as the
  department shall prescribe, such notice to be accompanied by  a  fee  of
  one  dollar. No real estate salesperson shall perform any act within any
  of the prohibitions of this article from and after the  termination  for
  any  cause  of their association until they thereafter shall have become
  associated with a licensed real estate broker.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 442-C - Violations by Salespersons; Broker's Responsibility.

§  442-c.  Violations  by  salespersons;  broker's  responsibility. No
  violation of a provision of this article by a real estate salesperson or
  employee of a real estate broker shall be deemed to  be  cause  for  the
  revocation  or  suspension of the license of the broker, unless it shall
  appear that the broker had actual knowledge of such violation or retains
  the benefits, profits or proceeds of a transaction wrongfully negotiated
  by their salesperson or employee after notice of  the  salesperson's  or
  employee's  misconduct.  A  broker  shall be guilty of a misdemeanor for
  having any salesperson associated with their firm who  has  not  secured
  the required license authorizing such employment.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 442-D - Actions for Commissions; License Prerequisite.

§  442-d.  Actions  for  commissions; license prerequisite. No person,
  copartnership, limited liability company or corporation shall  bring  or
  maintain  an  action  in  any  court  of  this state for the recovery of
  compensation for services rendered, in any place in which  this  article
  is  applicable,  in the buying, selling, exchanging, leasing, renting or
  negotiating a loan upon any real estate  without  alleging  and  proving
  that  such  person was a duly licensed real estate broker or real estate
  salesperson on the date when the alleged cause of action arose.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 442-F - Saving Clause.

§ 442-f. Saving clause. The provisions of this article shall not apply
  to  receivers,  referees,  administrators, executors, guardians or other
  persons appointed by or acting under the judgment or order of any court;
  or public officers while performing their official duties, or  attorneys
  at law.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 442-J - Effect of Invalid Provision.

§  442-j. Effect of invalid provision. Should the courts of this state
  declare any provision of this article unconstitutional, or unauthorized,
  or in conflict with any other section or provision of this article, then
  such decision shall affect only the section or provision so declared  to
  be  unconstitutional  or  unauthorized  and  shall  not affect any other
  section or part of this article.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 442-L - After-the-Fact Referral Fees.

§  442-l.  After-the-fact  referral  fees. 1. No real estate broker or
  salesperson, in any place in which this  article  is  applicable,  shall
  demand  or  receive a referral fee or compensation of any kind for (i) a
  referral from any person or other entity relative to  finding  a  seller
  after  a  bona  fide  listing agreement has been signed, (ii) a referral
  from any person or other entity relative to finding a buyer after a bona
  fide offer to purchase is accepted, or (iii) a referral from any  person
  or other entity relative to finding a property after a bona fide buyer's
  agency agreement has been signed, unless reasonable cause for payment of
  such compensation exists.
2.  A  violation  of this section shall be a violation of this article
  and shall constitute a deceptive act or practice within the  meaning  of
  section three hundred forty-nine of the general business law.
2023 New York Laws › RPP - Real Property › Article 12-A - Real Estate Brokers and Real Estate Salespersons › 443-A - Disclosure Obligations.

§   443-a.   Disclosure  obligations.  1.  Notwithstanding  any  other
provision of law, it is not  a  material  defect  or  fact  relating  to
property  offered  for  sale  or  lease,  including residential property
regardless of the number of units contained therein, that:
(a) an owner or occupant of the  property  is,  or  was  at  any  time
suspected to be, infected with human immunodeficiency virus or diagnosed
with  acquired immune deficiency syndrome or any other disease which has
been determined  by  medical  evidence  to  be  highly  unlikely  to  be
transmitted through occupancy of a dwelling place; or
(b)  the  property  is,  or  is  suspected to have been, the site of a
homicide, suicide or other death by accidental or natural causes, or any
crime punishable as a felony.
2. (a) No cause of action shall arise against an owner or occupant  of
real property, or the agent of such owner or occupant, or the agent of a
seller  or  buyer  of real property, for failure to disclose in any real
estate transaction a fact or suspicion contained in subdivision  one  of
this section.
(b)  Failure  to  disclose a fact contained in subdivision one of this
section to a transferee shall not be grounds for a  disciplinary  action
against a real estate agent or broker licensed pursuant to this article.
(c)  As  used in this section, the terms "agent", "buyer" and "seller"
shall have the same meanings as such terms are defined in  section  four
hundred forty-three of this article.
3.  Notwithstanding  the  fact that this information is not a material
defect or fact, if such information is important to the decision of  the
buyer to purchase or lease the property, the buyer may, when negotiating
or  making  a  bona  fide  offer,  submit  a  written  inquiry  for such
information. The buyer or the agent  of  the  buyer  shall  provide  the
written  request  to  the seller's agent or to the seller if there is no
seller's agent. The seller may choose whether or not to respond  to  the
inquiry.  The seller's agent, with the consent of the seller and subject
to applicable laws regarding privacy,  shall  report  any  response  and
information  to the buyer's agent or to the buyer if there is no buyer's
agent. If there is no  seller's  agent,  the  seller  shall  inform  the
buyer's agent, or the buyer if there is no buyer's agent, whether or not
the seller chooses to provide a response.
4.  This  section  shall  preempt  any local law inconsistent with the
provisions of this section.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-B - Definitions.

§  444-b.  Definitions.  As  used in this article, the following terms
  shall have the following meanings:
1. "Client" means any person  who  engages  or  seeks  to  engage  the
  services  of a home inspector for the purpose of obtaining inspection of
  and written report about the condition of a residential building.
2. "Department" means the department of state.
3. "Home inspector" means  a  person  licensed  as  a  home  inspector
  pursuant to the provisions of this article.
4.  "Home  inspection"  means  the  process  by which a home inspector
  observes and provides a written report of the systems and components  of
  a  residential  building  including  but  not limited to heating system,
  cooling  system,  plumbing   system,   electrical   system,   structural
  components,  foundation,  roof, masonry structure, exterior and interior
  components or  any  other  related  residential  building  component  as
  recommended  or required by the department through regulation to provide
  a  client  with  objective  information  about  the  condition  of   the
  residential  building.  The home inspector shall clearly identify in the
  written report which systems and components of the residential  building
  were  observed.  A  home  inspection shall not include an inspection for
  radon or pests.
5. "Person" means an individual, firm, company,  partnership,  limited
  liability company, or corporation.
6.  "Residential building" means a structure consisting of one to four
  dwelling units and their garages and carport but shall not  include  any
  such  structure  newly  constructed  or  not  previously  occupied  as a
  dwelling unit.
7. "Secretary" means the secretary of the department of state.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-C - Code of Ethics and Standards of Practice.

§  444-c.  Code  of ethics and standards of practice. 1. The secretary
shall promulgate regulations to implement the provisions of this article
including but not limited to:
(a) standards for training including approval of the course  of  study
and examination required for licensure of home inspectors;
(b)  requirements  and  standards  for  continuing  education  of home
inspectors;
(c) a code of ethics and  standards  of  practice  for  licensed  home
inspectors  consistent  with  the  provisions  of this article and sound
ethical practices which code and standards shall be  subject  to  public
notice  and  comment prior to adoption of the regulations. The standards
of practice shall not require a reporting format  or  limit  information
which  licensees  are  authorized  to  provide a client pursuant to this
article; and
(d) development of information and educational  materials  about  home
inspection for distribution to clients.
2.   Nothing  in  this  section  shall  be  deemed  to  supersede  any
established authority, duty and power established by  local  law,  state
law or regulation or otherwise granted to any agency, body or entity.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-D - License Requirements for Home Inspectors.

§  444-d.  License  requirements  for home inspectors. No person shall
  conduct or represent that he or she has the ability to  conduct  a  home
  inspection for compensation unless such person is:
1. licensed as home inspector pursuant to this article; or
2.  a person regulated by the state or a political subdivision thereof
  as an architect who is acting within the scope of his or her profession;
  or
3. a person regulated by the state or a political subdivision  thereof
  as  an engineer who is acting within the scope of his or her profession;
  or
4. a person who is employed as a  code  enforcement  official  by  the
  state or a political subdivision thereof when acting within the scope of
  that government employment; or
5.  a  person  making  home inspections for the purpose of meeting the
  requirements of section four hundred forty-four-e  of  this  article  to
  qualify for licensure as a home inspector.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-F - License Periods, Renewals and Fees.

§  444-f.  License  periods,  renewals  and  fees.  1.  Home inspector
  licenses and renewals thereof shall be issued for a period of two years,
  except that the secretary may, in order to stagger the  expiration  date
  thereof,  provide  that those licenses first issued or renewed after the
  effective date of this section shall expire or become  void  on  a  date
  fixed  by  the  secretary,  not  sooner  than  six months nor later than
  twenty-nine months after the date of issue.  No  renewal  of  a  license
  shall be issued unless the applicant has successfully completed a course
  of continuing education approved by the secretary.
2.  The secretary shall collect a fee of two hundred fifty dollars for
  the first application for a license and the license as a home inspector.
  The secretary shall collect a fee of one hundred dollars to renew a home
  inspector license. The secretary shall collect  an  examination  fee  of
  fifty  dollars. All fees and any fines imposed by the secretary pursuant
  to this article  shall  be  deposited  in  the  business  and  licensing
  services  account  established pursuant to section ninety-seven-y of the
  state finance law.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-G - Duty of Care of Home Inspectors.

§  444-g.  Duty  of  care  of home inspectors. 1. Every home inspector
shall comply with  the  provisions  of  this  article,  and  the  rules,
regulations  and  standards  adopted pursuant thereto. The duty of every
home inspector shall be to the client.
2. Every home inspector shall display his or her  license  number  and
status  as a licensed home inspector on every home inspection report and
in all advertising. Upon request of any client or interested party to  a
real  estate  transaction, every home inspector shall provide such proof
of licensure pursuant  to  this  article  as  shall  be  issued  by  the
secretary for such purpose.
3.  No  later  than  five business days after the completion of a home
inspection on behalf of a client, each home inspector shall provide such
client with a written report of the findings  of  such  inspection.  The
home  inspection  shall  clearly  identify  in  the written report which
systems and components of the residential building were observed.  Every
such  written  report  and  the  information  contained therein shall be
deemed confidential and shall  not  be  disclosed  without  the  express
consent    of   the   client;   provided,   however,   that   department
representatives, conducting an investigation or other official  business
for  the  purpose  of  enforcing this article, shall have access to such
reports and the information contained therein.
4. No home inspector shall:
(a) perform or offer to perform, for any additional fee,  any  repair,
improvement  or  replacement of any component or system in a residential
building for  which  such  inspector,  or  partner  thereof  shall  have
prepared  a  home  inspection  report prior to the close of escrow. This
paragraph shall not  include  repairs  to  components  and  systems  not
included in the standards of practice adopted pursuant to this article;
(b)  inspect any residential building in which such inspector, partner
or relative thereof has a financial interest  or  any  interest  in  the
transfer thereof, including the receipt of any commission as an agent;
(c)  offer  to  provide  or  provide  any  commission, referral fee or
kickback to the seller of any inspected residential building, or to  the
agent  of  either or both the seller and buyer of such building, for the
referral of any business to such inspector or partner thereof; or
(d)  agree  to  perform  any  home  inspection  or  prepare  any  home
inspection  report  for  which  compensation or employment is contingent
upon the conclusions of the home inspection report,  pre-established  or
prescribed findings, or the closing of a real estate transaction.
Nothing  in  this  article  authorizes  a  home  inspector to practice
engineering or architecture.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-H - Suspension and Revocation of Licenses.

§  444-h.  Suspension and revocation of licenses. 1. The secretary may
refuse to grant or may suspend or revoke a home inspector  license,  and
may  impose  a  civil  penalty  not  to  exceed one thousand dollars per
violation, upon proof to the satisfaction  of  the  secretary  that  the
holder thereof has:
(a)  Violated  the  provisions  of  subdivision  four  of section four
hundred forty-four-g of this article;
(b) Disclosed any information  concerning  the  results  of  the  home
inspection   without   the  approval  of  the  client  or  the  client's
representatives;
(c) Accepted compensation from more than one interested party for  the
same service without the consent of all interested parties;
(d)  Accepted  commissions or allowances, directly or indirectly, from
other parties dealing with the client in connection with work for  which
the licensee is responsible;
(e)  Failed  to  disclose  promptly  to a client information about any
business interest of the licensee which may reasonably affect the client
in connection with the home inspection;
(f) Been convicted of a felony  involving  fraud,  theft,  perjury  or
bribery;
(g)  Failed  to  pay  a  fine  or restitution ordered by the secretary
within a reasonable time; or
(h) Made a willfully false statement in the context of home inspection
activities or an application for licensure pursuant to this article.
2. Whenever a license  is  revoked  pursuant  to  this  section,  such
license  shall  not be reinstated or reissued until after the expiration
of a period of five years from the date of such revocation.
3. A violation of this article by a professional engineer or architect
regulated by the state of New York shall be enforced by their respective
state licensing boards.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-I - Denial of License; Complaints; Notice of Hearing.

§  444-i.  Denial  of  license;  complaints;  notice  of  hearing. The
  department shall,  before  making  a  final  determination  to  deny  an
  application  for a license, revoke a license, suspend a license, issue a
  reprimand, or impose a civil penalty  for  violation  of  this  article,
  notify  the  applicant  or  licensee  in writing of the reasons for such
  proposed denial, revocation, suspension, reprimand, or imposition  of  a
  civil  penalty and afford the applicant or licensee an opportunity to be
  heard in person  or  by  counsel.  Such  notification  shall  be  served
  personally or by certified mail or in any manner authorized by the civil
  practice  law  and  rules  for  service  of  a  summons. If a hearing is
  requested, such hearing shall be held at such  time  and  place  as  the
  department shall prescribe and shall be conducted in accordance with the
  provisions  of  the state administrative procedure act. If the applicant
  or licensee fails to make a written request for a hearing within  thirty
  days  after  receipt  of  such notification, then the notification shall
  become the final determination of the department. The department, acting
  by such officer or  person  in  the  department  as  the  secretary  may
  designate, shall have the power to subpoena and bring before the officer
  or  person so designated any person in this state and administer an oath
  to and take testimony of any person or cause his or her deposition to be
  taken. A subpoena issued under this section shall be  regulated  by  the
  civil  practice  law  and  rules. If, after such hearing, the license is
  denied, revoked, or suspended, a reprimand is issued, or a civil penalty
  is imposed, written notice of such determination shall  be  served  upon
  the  applicant  or  licensee  personally  or by certified mail or in any
  manner authorized by the civil practice law and rules for the service of
  a summons.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-J - Practice of Architecture and Professional Engineering.

§  444-j.  Practice  of  architecture  and professional engineering. A
  person regulated by the state of New York to engage in the  practice  of
  architecture  when  acting  within  the scope of that practice, a person
  licensed in the state of New York to practice  professional  engineering
  when  acting  within  the  scope  of  that  practice  or a person who is
  employed as a code enforcement official by  the  state  or  a  political
  subdivision  thereof  when  acting  within  the scope of that government
  employment may  perform  home  inspections  without  need  of  licensure
  pursuant to this article.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-K - Liability Coverage.

§  444-k.  Liability coverage. 1. Every licensed home inspector who is
  engaged in home inspection shall secure, maintain,  and  file  with  the
  secretary  proof of a certificate of liability coverage, which terms and
  conditions shall be determined by the secretary.
2. Every proof of liability coverage required to  be  filed  with  the
  secretary  shall  provide  that cancellation or nonrenewal of the policy
  shall not be effective unless and until at least  ten  days'  notice  of
  intention  to  cancel  or  nonrenew  has been received in writing by the
  secretary.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-M - Construction With Other Laws.

§  444-m.  Construction with other laws. Nothing in this article shall
  prevent  any  licensed  engineer,  registered  architect  or  any  other
  licensed  or  regulated  profession or governmental employee from acting
  within the scope of his or her profession or employment.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-N - Unlicensed Activities.

§  444-n.  Unlicensed  activities.  The  secretary  may issue an order
  requiring restitution and/or directing the cessation of any activity for
  which a license is required by this article upon a determination that  a
  person has engaged in or followed the business or occupation of, or held
  himself,  herself,  or  itself  out  as  or  acted  as,  temporarily  or
  otherwise, a home inspector within this state without a  valid  license.
  The  department  shall, before making such determination and order, give
  such person notice as provided in section four hundred  forty-four-i  of
  this article and afford such person an opportunity to be heard in person
  or  by  counsel  in reference thereto in an adjudicatory proceeding held
  pursuant to this article.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-O - Violations and Penalties for Unlicensed Activities.

§  444-o.  Violations  and  penalties  for  unlicensed activities. Any
  person subject to  an  administrative  order  issued  by  the  secretary
  directing  the cessation of any activity for which a license is required
  and/or suspending or revoking a license previously issued  who  directly
  or indirectly engages in the business of home inspection, holds himself,
  herself,  or  itself  out  to  the public as being able to engage in the
  business of home inspection without a license therefor, engages  in  the
  business  of  home inspection after having his or her license revoked or
  suspended, or without a license  to  engage  in  the  business  of  home
  inspection,  directly  or  indirectly  employs, permits or authorizes an
  unlicensed person to engage in the business of home inspection shall  be
  guilty  of  a misdemeanor and upon the first conviction thereof shall be
  sentenced to a fine of not more than one thousand dollars; upon a second
  or subsequent conviction thereof shall be sentenced to  a  fine  of  not
  less than one thousand dollars nor more than five thousand dollars. Each
  violation of this article shall be deemed a separate offense.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-P - Judicial Review.

§  444-p.  Judicial review. The action of the secretary in suspending,
  revoking, or refusing to issue or renew a license, or imposing an  order
  directing  the  cessation  of  unlicensed activity or imposing a fine or
  reprimand may be reviewed by the supreme court in the manner provided by
  article seventy-eight of the civil practice law and rules.
2023 New York Laws › RPP - Real Property › Article 12-B - Home Inspection Professional Licensing › 444-Q - Severability.

§  444-q.  Severability.  In  the event it is determined by a court of
  competent jurisdiction  that  any  phrase,  clause,  part,  subdivision,
  paragraph  or  section,  or  any  of  the provisions of this article, is
  unconstitutional or otherwise invalid or inoperative, such determination
  shall not affect the validity or effect of the remaining  provisions  of
  this article.
2023 New York Laws › RPP - Real Property › Article 12-C - Apartment Information Vendors › 446-A - Definitions.

§  446-a.  Definitions.  As  used  in this article, unless the context
  otherwise requires: 1. "Person" means any natural  person,  corporation,
  limited liability company, partnership, firm, or association.
2.  "Apartment information vendor" means any person who engages in the
  business of claiming, demanding,  charging,  receiving,  collecting,  or
  contracting  for the collection of, a fee from a customer for furnishing
  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.  The
  definition  of  apartment  information vendor shall include an apartment
  sharing agent which means any person who, for a fee, arranges, conducts,
  coordinates, handles or causes  meetings  between  a  customer  and  the
  current  owner  or occupant of legally occupied real property, including
  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.
2023 New York Laws › RPP - Real Property › Article 12-C - Apartment Information Vendors › 446-B - License Required.

§  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
  provisions of this article.
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.
2023 New York Laws › RPP - Real Property › Article 12-C - Apartment Information Vendors › 446-D - Display of License and Business Sign.

§  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.
2023 New York Laws › RPP - Real Property › Article 12-C - Apartment Information Vendors › 446-E - Revocation and Suspension of Licenses.

§ 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.
2023 New York Laws › RPP - Real Property › Article 12-C - Apartment Information Vendors › 446-F - Notice of Hearing on Complaints.

§  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.
2023 New York Laws › RPP - Real Property › Article 12-C - Apartment Information Vendors › 446-G - Judicial Review.

§  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.
2023 New York Laws › RPP - Real Property › Article 13 - Cemetery Lands › 450 - Lands Used for Cemetery Purposes Not to Be Sold or Mortgaged.

§  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.
2023 New York Laws › RPP - Real Property › Article 13 - Cemetery Lands › 451 - Acquisition of Lands for Cemetery Purposes in Certain Counties.

§ 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.
2023 New York Laws › RPP - Real Property › Article 14 - Property Condition Disclosure in the Sale of Residential Real Property › 461 - Definitions.

§ 461. Definitions. As used in this article, the following terms shall
have the following meanings:
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.