Real Property Law Section Blog

Chapter 333 of the Laws of 2008 authorizes the Town Board of the Town of Northeast in Dutchess County to establish a Community Preservation Fund. To provide a source of revenue for the Fund, the Act adds Article 31-A-3 ("Tax on Real Estate Transfers in the Town of Northeast") to the Tax Law, authorizing the Town, subject to approval by referendum, to adopt a Local Law imposing a transfer tax of up to two percent (2%) of consideration, payable by the grantee, on the conveyance of real property in the Town or an interest therein. Among the exemptions to be applied is "[a]n exemption from the tax which is equal to the median sales price of residential real property within the applicable county, as determined by the Office of Real Property Services pursuant to Section 425 of the Real Property Tax Law…" A Return will be required to be filed, and any tax due paid, to record an instrument conveying real property or an interest therein within the Town.

A meeting of the Commercial Leasing Committee of the Real Property Law Section will be held at noon on September 18, 2008 in the Penn Club, 30 West 44th Street, NYC. The topic for discussion will be landlord and tenant's obligations in the wake of the Kronish Lieb case. (Kronish Lieb Weiner & Hellman LLP v. Tahari, LTD., 829 NYS 2d 7(1st Dept., 2006)

The meeting is open to members of the Commercial Leasing Committee. For further information about the meeting, or to join the Committee, please contact either of its co-Chairpersons, Bradley Kaufman (bkaufman@pryorcashman.com) or David Zinberg (dzinberg@ingramllp.com).

Selected laws affecting real property enacted so far in 2008:

A251/S5621 Lender prohibited from exercising due on sale clauses for homes - Chap 152
A1269/S1531 Sex offender prohibited from license as r.e. broker or salesman - Chap 430
A7007A/S3825 Appointment of Art 7-A administrator is basis to declare mortgage due or certify dwelling abandoned - Chap 529
A7519/S4874 Requires seller to establish escrow for broker's commission - Chap 436 [RPLS memo in support]
A7700/S4963A Residential assessment ratio - Chap 78
A10766/S7645 Extends tax rate reduction on REITS - Chap 416
A10817/S8143 Governor's Program Bill on mortgage foreclosure - Chap 472 [RPLS memo in support if amended]
A10952/S5634 Requires notification of tenants of testing for indoor air contamination - Chap 521
A11544/S8517 Requires notice re certified copy of deed - Chap 485
A11574/S7915C Clarifies adverse possession - Chap 268 [RPLS memo in opposition to final bill]

Bills not enacted:


A1743 NYSLTA bill to license title agents - did not pass [RPLS memo in support]
A3994 Applications to purchase coops - did not pass
A8948 Disclosure of LLC members - passed Assembly only [RPLS memo in opposition]
A9295 County Clerk discretion re mortgages (anti-MERS) - did not pass [RPLS memo in opposition]
A9491 Nassau County Clerk discretion re mortgages (anti-MERS) - did not pass [RPLS memo in opposition]
A11424 Revise PCDA - did not pass [RPLS memo in support]

To find copies of bills, go to:

1. RPLS portion of NYSBA website: www.nysba.org, then "Sections", then "Real Property Law Section", then "Status of Pending Legislation" (search by bill number, click on number) (For RPLS memoranda go to "2007-2008 Legislative Memoranda") or go to
2. Senate website: www.senate.state.ny.us, then "Bills and Laws" or go to
3. Assembly website: www.assembly.state.ny.us, then "Bill Search and Legislative information".

Karl B. Holtzschue, Co-Chair, RPLS Committee on Legislation
email: kbholt@gmail.com