N.Y. Real Property Law § 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.