State Issues

GRAR SUPPORTS ENACTMENT OF THE FOLLOWING

Property Tax Relief
Property tax relief is a top legislative priority for lawmakers and GRAR alike.  REALTORS® will be active advocates for significant tax reductions in the near term and structural reforms to the tax code that will foster tax savings for property owners. Government consolidation legislation may also provide a good first step toward long term property tax relief in New York. In addition, GRAR & NYSAR support the cap on the growth of school property tax levies as recommended by the NYS Commission on Property Tax Relief.

Agency Disclosure Revisions (A.10443 Bing)
STATUS:
Assembly Judiciary
GRAR & NYSAR seek passage of legislation that will provide consumers further agency relationship choices by allowing sellers/landlords and buyers/tenants to approve dual agency in advance of that relationship occurring. The legislation also amends Real Property law by requiring real estate licensees to disclose their agency relationship with the clients in cooperative apartment and condominium transactions. The legislation further amends the Real Property law by eliminating the need to present an agency disclosure form to a seller/landlord or buyer/tenant when they are in the presence of their respective real estate agent.

Homebuyer Tax Credit (S.3900-C Addabbo / A.7125-B V. Lopez)

STATUS: Senate Investigations & Government Operations / Assembly Ways & Means
GRAR & NYSAR support legislation to provide a personal income tax credit to all who purchase a primary residence including a condo, co-op and one or two family home for under $1 million. The state tax credit is worth a total of $7,000 to be returned to the homeowner over a maximum of three years. This measure will provide incentives to homebuyers while stimulating the state’s struggling economy.

Property Condition Disclosure Reforms (S.4672-A Libous / A.1364-B Brodsky)
STATUS: Senate Judiciary / Assembly Judiciary
GRAR & NYSAR seek to improve and streamline the current statutory required Sellers Property Condition Disclosure form with the goal of making it easier for sellers to complete and more useful for buyers.

First-time Homebuyer Savings Accounts (S.1463 Robach / A.8636 Towns)

STATUS: Senate Investigations & Government Operations / Assembly Ways & Means
GRAR & NYSAR seek the passage of legislation that would allow individuals and couples to make pre-tax contributions to a savings account that would be dedicated to the purchase of a first home.


GRAR OPPOSES ENACTMENT OF THE FOLLOWING LEGISLATION


Loan Counseling Requirement as Part of Contract of Sale (S.134-B Sampson / A.3192 Towns)
STATUS: Passed Senate / Assembly "Enacting Clause Stricken"
GRAR & NYSAR oppose legislation to require a “loan counseling disclosure notice” be attached to all contracts of commercial or residential sale of real property.   This legislation has serious technical and practical flaws which may lead to unintended consequences.

Statewide Transfer Tax Authorization (
S.5821 Stewart-Cousins / A.8571 Hoyt; A.5767 Sweeney; S.381 Breslin)
STATUS: Senate Local Governments / Assembly Local Governments; Assembly Local Governments; Senate Environmental Conservation
GRAR & NYSAR will continue oppose all legislation that would create a more fluid process for the approval of transfer tax increases, regardless of the intent of the dedicated monies.

Wetlands Oversight (S.848 Marcellino / A.6363 Sweeney; S.4956 Thompson)
STATUS: Senate Environmental Conservation / Passed Assembly; Senate Environmental Conservation
GRAR & NYSAR oppose this unnecessary legislation which would increase state Department of Environmental Conservation oversight of wetlands.

Well Water Testing Disclosure (S.2678-A Morahan / A.4557-A Jaffee)
STATUS: Senate Codes / Passed Assembly
GRAR & NYSAR oppose legislation to require a water quality test as a condition of the transfer of any real property served by a well.  This legislation will delay real estate closings and it is unnecessary, duplicative and essentially an unfunded mandate on New York State homeowners.

Well Water Education Act (S.3506 Thompson / A.7083 Jaffee)
STATUS: Senate Health / Assembly ordered to a 3rd reading cal.7083a
GRAR & NYSAR oppose legislation to require home inspectors and licensed real estate brokers and salespersons to provide well water education materials to prospective buyers addressing the potential hazards of well water. This bill has very serious technical flaws that if enacted into law, will cause a tremendous amount of confusion and uncertainty in real estate transactions across New York.

Citizen Suits (S.1730 Schneiderman / A.4272 Brodsky; S.1635 Thompson / A.9480 Sweeney & A.3423 Bradley)
STATUS: Defeated in Senate 29-31 / Passed Assembly; Senate 3rd Reading / Assembly 3rd Reading cal.780 & Assembly Rules
GRAR & NYSAR strongly oppose this legislation that would essentially grant any private citizen the ability to commence a civil action seeking to remedy certain violations to the Environmental Conservation Law (ECL). Providing private citizens with the ammunition to seek judicial enforcement of the ECL carries the unintended consequence of further crippling New York State’s building and development industries. In some cases, construction projects will be completely shut down and local community taxpayers will be the ones that ultimately pay the price.  This legislation is unnecessary as current vehicles to remedy any violations of the ECL already exist.

NY Protect Title to My Home Act (S.4078 Sampson / A.3518 Perry)
STATUS: Senate Judiciary / Assembly Judiciary
GRAR & NYSAR oppose legislation to require county clerks and city registrars to delay the recording of a residential real property deed until 30 days after closing.  Ironically, by providing for this 30 day gap between closing and the recording of the deed, this legislation would provide an opportunity for unscrupulous sellers to transfer their property numerous times before the deed is recorded with the county of record.

Expanded Agriculture Disclosure Notice (S.5428 Aubertine / A.7835 Koon)

STATUS: Senate Agriculture / Passed Assembly
GRAR & NYSAR oppose a measure to expand current law by requiring sellers of property partially or wholly within five-hundred feet of an agricultural district provide the agriculture disclosure form to prospective buyers. The legislation fails to require from a government entity the availability of information necessary for sellers to determine their disclosure requirements.

Real Estate Licensee Scope of Practice (A.2975 Benjamin)
STATUS: Assembly Enacting Clause Stricken
GRAR & NYSAR oppose legislation to mandate a real estate broker practice solely within the confines of their county of residence or the county of their principal or branch office.

Curbing of Availability of Real Property Records (A.2829 Fields)
STATUS: Assembly Governmental Operations
Chapter 223 of the laws of 2008 amended public officer’s law to provide an exemption for the disclosure of real property information by county clerks.  This legislation would eliminate this exemption and therefore severely restrict the availability of real property information for consumers, real estate licensees and other interested parties.