2023 New York Laws › RPP - Real Property › Article 15 - Prohibition and Disclosure of Private Transfer Fee Obligations › 472 - Definitions.

§  472.  Definitions.  1. "Transfer" means the sale, gift, conveyance,
assignment, inheritance, or other transfer of an ownership  interest  in
real property located in this state.
2.  "Private transfer fee" means a fee, charge or any portion thereof,
required by a private transfer fee obligation and payable,  directly  or
indirectly,  upon  the  transfer  of  an  interest  in real property, or
payable for the right to make or accept  such  transfer,  regardless  of
whether  the  fee  or  charge  is  a  fixed amount or is determined as a
percentage of the value of the property, the purchase  price,  or  other
consideration  given  for  the  transfer.  The following are not private
transfer fees for purposes of this section:
(a) Any consideration payable by the transferee to the transferor  for
the   interest   in  real  property  being  transferred,  including  any
subsequent additional consideration for  the  property  payable  by  the
transferee  based upon any subsequent appreciation, development, or sale
of the property, provided such additional consideration is payable on  a
one-time  basis  only  and  the obligation to make such payment does not
bind successors in title to the  property.  For  the  purposes  of  this
subparagraph,  an  interest  in  real  property  may  include a separate
mineral estate and its appurtenant surface access rights.
(b) Any commission payable to a licensed real estate  broker  for  the
transfer  of  real  property pursuant to an agreement between the broker
and  the  transferor  or  the  transferee,  including   any   subsequent
additional commission for that transfer payable by the transferor or the
transferee  based upon any subsequent appreciation, development, or sale
of the property.
(c) Any interest,  charges,  fees,  or  other  amounts  payable  by  a
borrower  to  a  lender pursuant to a loan secured by a mortgage against
real property, including, but not limited to, any  fee  payable  to  the
lender  for consenting to an assumption of the loan or a transfer of the
real property subject to the mortgage, any fees or  charges  payable  to
the  lender  for  estoppel  letters  or  certificates,  and  any  shared
appreciation interest or profit participation or other consideration and
payable to the lender in connection with the loan.
(d) Any rent, reimbursement, charge, fee, or other amount payable by a
lessee to a lessor under a lease, including, but not limited to, any fee
payable to the lessor  for  consenting  to  an  assignment,  subletting,
encumbrance, or transfer of the lease.
(e)  Any  consideration payable to the holder of an option to purchase
an interest in real property or the holder of a right of  first  refusal
or  first  offer  to  purchase an interest in real property for waiving,
releasing, or not exercising the option or right upon  the  transfer  of
the property to another person.
(f) Any tax, fee, charge, assessment, fine, or other amount payable to
or imposed by a governmental authority.
(g)  Any  fee,  charge, assessment, fine, or other amount payable to a
homeowners', condominium, cooperative, mobile home, or property  owners'
association  pursuant  to  a declaration, covenant, duly adopted by-law,
proprietary lease or law applicable to such association, including,  but
not  limited  to,  fees  or  charges  payable  for  estoppel  letters or
certificates issued by the  association  or  its  authorized  agent.  No
amount  shall be paid to a homeowners', condominium, cooperative, mobile
home, or property owners' association for the payment to  the  declarant
of  the condominium or the creator of a homeowners', cooperative, mobile
home or property owners' association, or their designee.
(h) Any fee, charge, assessment, dues, contribution, or  other  amount
imposed  by  a  declaration  or  covenant  encumbering  a community, and
payable to a not-for-profit or charitable organization for  the  purpose

of   supporting   cultural,   educational,   charitable,   recreational,
environmental, conservation, or other similar activities benefiting  the
community that is subject to the declaration or covenant.
(i)  Any  fee, charge, assessment, dues, contribution, or other amount
pertaining to the purchase or transfer of a club membership relating  to
real  property  owned  by the member, including, but not limited to, any
amount determined by reference to the value, purchase  price,  or  other
consideration given for the transfer of the real property.
(j)  Any  fee,  charge  or  assessment  payable by the transferee to a
corporation or company formed pursuant to the  private  housing  finance
law.
(k)  Any  fee,  charge  or  assessment  payable by the transferee to a
corporation or company that has received a loan or subsidy  pursuant  to
the private housing finance law or general municipal law.
(l) Any amounts payable to a government entity.
3. "Private transfer fee obligation" means an obligation arising under
a  declaration  or covenant recorded against the title to real property,
or under any other contractual agreement  or  promise,  whether  or  not
recorded,  that requires or purports to require the payment of a private
transfer  fee  to  the  declarant  or  other  person  specified  in  the
declaration,  covenant  or agreement, or to their successors or assigns,
upon a subsequent transfer of an interest in the real property.