Supplementing our March 5, 2024 Title Tuesday, this week we wanted to update you on pending legislation that will revise Local law 157 of 2016 (“LL-157-16”) which requires the installation of natural gas alarms (the “Detectors”) in all residential dwelling units (includes all private 1 & 2 Family, Class A & Class B Multiple Dwellings), including those properties used for short term residential  use (hotel etc.), that are not owner occupied. Other than owner occupied dwelling units, the only other properties exempt from the requirements of LL 157-16 are buildings with no natural gas piping or service.  Below is a link to our March 5, 2024 Title Tuesday for further information on the initial revision of LL-157-16.

This week we wanted to alert you to an interesting case decided by the Appellate Division, Second Department, which affirmed a Lower Court’s Order holding, in part, that a Condominium Board’s attempt to amend a House Rule restricting certain dogs from being on the property was not protected from Court review under the Business Judgment Rule.  The Court further held that the proposed House Rule was null and void for failure to obtain approval from Unit Owners holding at least 66 2/3% of the common interests as required by the Condominium’s By-Laws, which was the threshold needed to amend the Condominium Declaration.
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to review a question that comes up from time to time concerning whether a Life Estate can be created by a Grantor in favor of a “Stranger to the Deed.” The technical answer is no (see Sganga v. Grund, 1 AD3d 342; 2003 NY Slip Op 18026 (2003) - Link to case below) but there is a way to accomplish the same intended result if the transferring Deed is correctly drafted.

This week the Home Team wanted to bring your attention to an interesting decision out of the Appellate Division, First Department, which in affirming a Lower Court’s decision, held that a Condominium Board was not required to serve a 90-day notice upon Defendant pursuant to RPAPL  §1304 as a precondition of bringing a Real Property Law § 339-aa action to foreclose upon a condominium common charge lien. 
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to bring your attention to an interesting decision out of the Appellate Division, Second Department, which in part, modified a lower court’s Order in a Partition Action, and directed the award of monies to reimburse a property owner for expenses he incurred in acquiring and maintaining the property, which expenses exceeded his percentage of ownership of the property.  
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to let you know that the Financial Crimes Enforcement Network (FinCEN) has issued a temporary order granting exemptive relief from the reporting requirements of the Anti-Money Laundering Regulations for Residential Real Estate Transfers Rule (RRE Rule) discussed in our September 16, 2025 Title Tuesday until March 1, 2026 (the “New Effective Date”).
We are including below the following Links which will give you relevant information regarding both the reporting requirements and Effective Date extension for this new law:

This week we wanted to bring your attention to an interesting decision out of the Appellate Division, First Department, which, in part, confirmed that an improperly executed Right of First Refusal purchase option did not render title “Unmarketable” or place a “Cloud on Title” where the option holder had only exercised its purchase rights on a prior offer to the Seller. 
The relevant facts of, as well as a link to, the case are set forth below:  

Supplementing our 01/03/2023, 01/17/2023 and 3/14/2023 Title Tuesday updates regarding the legislation that is set to change the adjusted allowances and tax rates used to calculate the Peconic Bay Community Preservation Fund Tax (CPF) in certain towns effective as of April 1, 2023, you will recall that the increased tax rates will not apply to transactions where the Contract of Sale was executed prior to April 1, 2023.

This week we wanted to remind you about current legislation that will affect how the Peconic Bay Community Preservation Fund Tax (CPF) is calculated in several Peconic Bay towns in Eastern Long Island. Effective January 1, 2023, pursuant to revisions to New York Tax Law 1449-BB and the local town codes in East Hampton, Shelter Island, South Hampton and Southold (NOTE – The town of Riverhead did not change its CPF allowances), all conveyances made in those towns will be subject to the following adjusted allowances when calculating the CPF:

This week we wanted to direct your attention to an interesting case and decision out of the Second Department which reinforced the importance of properly documenting compliance with the notice requirements set forth under RPAPL Section 1304 when commencing a foreclosure action. In denying a Plaintiff’s/Mortgagee’s motion for Summary judgment, the Court identified specific failures in the Plaintiff’s evidentiary submissions which derailed its efforts to foreclose on the mortgage notwithstanding the fact that Plaintiff might actually have followed its standard office mailing procedures.

Here at Home, we are always looking for ways to provide better service to our trusted clients. In keeping with that goal, we are very excited to let you know that our new Website is now up and running. In designing this site, we made every effort to provide you with a series of valuable online tools to better enhance your practice while also simplifying access to your individual Title orders. Some of the major features of the new Website are as follows:

This week we wanted to draw your attention to a case decided in Albany County that, in reversing a lower court’s decision, rejected a Plaintiff/Purchaser’s claims for relief based on theories of breach of contract, fraudulent inducement, unjust enrichment and quantum meruit which included an analysis of the Property Condition Disclosure Statement delivered by Seller in accordance with the Real Property Condition Disclosure Act (“RPDA” Article 14 – RPP 462). The relevant facts, as well as a link to the case, are set forth below.

This week we wanted to direct your attention to an interesting case and decision out of the Second Department which reinforced the importance of properly documenting compliance with the notice requirements set forth under RPAPL Section 1304 when commencing a foreclosure action. In denying a Plaintiff’s/Mortgagee’s motion for Summary judgment, the Court identified specific failures in the Plaintiff’s evidentiary submissions which derailed its efforts to foreclose on the mortgage notwithstanding the fact that Plaintiff might actually have followed its standard office mailing procedures.

RPL § 244 – When does Title to Property actually transfer from Grantor to Grantee?
Today we wanted to focus your attention on the importance of promptly recording your Clients’ Deed to ensure that the Fee Title to their property is unequivocally transferred as they intended. We start by looking at NY RPL § 244 which states that “[A] grant takes effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law, now in force, in respect to the delivery of deeds, apply to grants hereafter executed.”

Given that the Heirs Property Protection and Deed Theft Prevention Act of 2024 (New Real Property Law (RPL) § 424) went into effect on July 19, 2024 (the “Effective Date”), we wanted to take this opportunity to update you on what is known, as well as unknown, regarding the use of a Transfer on Death Deed (“TODD”). 

We are writing this week to remind you that, effective July 1, 2025, the NYS Department of State Licensing Services Division will require the use of a Revised Property Condition Disclosure Statement (“PCDS”) to satisfy a Seller’s disclosure requirements in accordance with Article 14 of the Real Property Law. The new PCDS form adds instructions on where to find more information on septic system operation and maintenance on the Department of Health website. 

This week we wanted to bring to your attention an interesting decision from the Appellate Division, Second Department which reversed a Lower Court’s Order and granted Plaintiff-Purchaser’s motion for summary judgment directing the return of purchaser’s downpayment upon a theory of breach of contract based on the fact that Defendant-Seller was unable to timely clear of record a recorded Deed that clouded seller’s claim to exclusive fee title. 
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to draw your attention to an interesting decision from the Appellate Division, Second Department which reversed a Lower Court’s decision and remanded the case back to the Supreme Court to enter an amended Judgment in favor of defendant and declaring that the plaintiff's rights in and to the property are subject to the recorded easement for maintenance of the Williamsburg Bridge. 
The relevant facts of, as well as a link to, the case are set forth below:

This week we wanted to draw your attention to an interesting decision out of the Appellate Division, Second Department, which overturned a Lower Court’s Order and clarified that an allegation that a legally married couple were “living separate lives” was insufficient to sever a Tenancy by the Entirety ownership of Real Property. 
The relevant facts of, as well as a link to, the case are set forth below.

This week we wanted to supplement our July 23, 2024 Title Tuesday and let you know that the NYC Department of Housing Preservation and Development (HPD) has extended the deadline for certain Property Owners to register their properties with HPD from September 1, 2024 to September 30, 2024 (the “New Registration Deadline”).