(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.
Structure New York Laws
Article 12-A - Real Estate Brokers and Real Estate Salespersons
440-A - License Required for Real Estate Brokers and Salespersons.
440-B - Licenses in Putnam County.
441 - Application for License.
441-A - License and Pocket Card.
441-C - Revocation and Suspension of Licenses.
441-D - Salesperson's License Suspended by Revocation or Suspension of Employer's License.
441-E - Denial of License; Complaints; Notice of Hearing.
442-A - Compensation of Salespersons; Restrictions.
442-B - Discontinuance or Change of Salesperson's Association; Report.
442-C - Violations by Salespersons; Broker's Responsibility.
442-D - Actions for Commissions; License Prerequisite.
442-G - Nonresident Licensees.
442-H - Rules of the Secretary of State.
442-I - State Real Estate Board.
442-J - Effect of Invalid Provision.
442-K - Powers and Duties of the State Real Estate Board.
442-L - After-the-Fact Referral Fees.
443 - Disclosure Regarding Real Estate Agency Relationship; Form.