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Real property transfer statutes

Two main statutes provide the foundation for the real property transfer "sales" reporting process in New York State.

Real Property Tax Law § 333 establishes the requirement for providing information to ORPTS for every deeded transfer of property in New York State. ORPTS developed the real property transfer report for this purpose. These forms are filed with the deeds at the various county clerk offices throughout the state.

Real Property Tax Law § 574 establishes the timetables for the distribution of the filed transfer forms to ORPTS and assessors by the counties where the forms were filed. This statute also establishes the responsibility and the timeframes for assessors to correct any misinformation filed on the forms. Correction procedures facilitate the transmittal of changes to ORPTS from the assessors.

See also:

Real Property Law § 333

"A recording officer shall not record or accept for record any conveyance of real property affecting land in New York state unless accompanied by a transfer report form prescribed by the commissioner of taxation and finance or in lieu thereof, confirmation from the commissioner that the required data has been reported . . . and the fee . . ."

Please see the Laws of New York to read and review the law in its entirety.

Real Property Tax Law § 574

"Information to be furnished by recording officers and assessors.
1. On or before the fifteenth day of each month, the county recording officer or such other officer or agency as may be designated by the county legislative body shall furnish to the assessors of each assessing unit in the county, to the county equalization agency through the office of the county director of real property tax services and to the state board a report showing all transfers during the preceding calendar month of real property situated wholly or partly within such assessing unit. Such report shall include transfers of real property or interests in real property to the state by appropriation. It shall be the duty of the state at the time of filing a copy of a description and map of property or interest therein being acquired by appropriation in the office of the duly designated county recording officer, to deliver to and leave with said recording officer a duplicate paper copy thereof. The said county recording officer or another duly designated officer or agency shall include said duplicate copy of the description and map with his said monthly report to the assessors . . ."

Please see the Laws of New York to read and review the law in its entirety.

Civil Practice Laws and Rules § 8017

"Notwithstanding any other provision of this article or any other general, special or local law relating to fees to clerks, no clerk shall charge or collect a fee from the state, or an agency or officer thereof, for any service rendered in an action in which any of them is involved, nor shall any clerk charge or collect a fee for filing, recording or indexing any paper, document, map or proceeding filed, recorded or indexed for the county, or an agency or officer thereof acting in an official capacity, nor for furnishing a transcript, certification or copy of any paper, document, map or proceeding to be used for official purposes . . ."

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