 | RESOLUTION NO. 106 of 2020 DATED: May 26, 2020 |
RESOLUTION ADOPTING INTRODUCTORY LAW D (LOCAL LAW 3 OF 2020) - A LOCAL LAW ESTABLISHING A FEE WHEN RECORDING CONVEYANCES (COUNTY CLERK)
| Seconded by: | Thayer |
WHEREAS, Governor Andrew Cuomo signed into law Bill S5372, amending Real Property Law 291 which requires County Clerk offices to mail notices of sale or transfer of ownership of residential property to owners of record; and
WHEREAS, the Montgomery County Clerk's Office averages 1,800 deed recordings per year; and
WHEREAS, the mandate will cause a significant increase in additional duties to the recording of a conveyance of real property; and
WHEREAS, the New York State County Clerk's Association agreed to a state-wide uniform fee of $10.00 for preparation and mailing of notices; and
WHEREAS, Real Property Law 291 as amended states that the County Clerk's Office may charge a reasonable fee for the cost of the mailing the notice; and
WHEREAS, the Montgomery County Clerk is requesting the establishment of a $10.00 fee for notification to owner of record when recording conveyances.
NOW THEREFORE BE IT RESOLVED, that Introductory Local Law No. D of 2020 (Local Law 3) entitled "A Local Law Establishing A Fee When Recording Conveyances" hereby is adopted and is incorporated as follows:
Be it enacted by the Montgomery County Legislature as follows:
Section 1:
The purpose of this local law is to establish a fee to be charged when a conveyance is recorded at the Montgomery County Clerk's Office to notify the owner of record. The party seeking to record such conveyance shall pay the fee. This fee will assist the County Clerk with the additional costs associated with Real Property Law 291, which requires County Clerk offices to mail notices of sale or transfer of ownership of residential property to the owner of record.
Section 2:
The Montgomery County Clerk's office will charge a $10.00 fee at the time a conveyance is recorded to notify the owner of record.
Section 3:
The purpose for charging the fee is to offset the additional duties associated with recording of a conveyance of real property set forth in Real Property Law 291.
Section 4:
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
Section 5:
To the extent that this local law is inconsistent with any other laws or regulations it shall supersede those laws.
Section 6:
This law shall be effective upon recording with the Secretary of State.
RESOLVED, this local law shall take effect upon the filing in the Office of the Secretary of State.
RESOLUTION VOTE, passed with Aye(8). Legislator Isabel voted Nay. (5/26/2020)
Statement of Legislative and Financial Impact:
I. Nature of Request:
The Montgomery County Clerk's Office is requesting the establishment of a $10.00 fee for the notification to the owner of record when recording a conveyance.
II. Justification:
Governor Andrew Cuomo signed into law Bill S5372, which requires County Clerk offices to mail notices of sale or transfer of ownership of residential property to owners of record, on December 12, 2019, with the law taking effect MArch 12, 2020. It is written into S5372 that the County Clerk's Office may charge a reasonable fee for the cost of the mailing the notice. The New York State County Clerk's Association agreed to a state-wide uniform fee of $10.00 for preparation and mailing of notices.
III. Legislative Impact:
Authorized pursuant to Real Property Law 291 and Article 2 of the Charter.
IV. Financial Impact:
Will result in increased revenue for the Montgomery County Clerk's Office.
| cc: | County Clerk County Treasurer |
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||