N.Y. Real Property Law § 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.