§ 443-a. Disclosure obligations. 1. Notwithstanding any other\nprovision of law, it is not a material defect or fact relating to\nproperty offered for sale or lease, including residential property\nregardless of the number of units contained therein, that:\n (a) an owner or occupant of the property is, or was at any time\nsuspected to be, infected with human immunodeficiency virus or diagnosed\nwith acquired immune deficiency syndrome or any other disease which has\nbeen determined by medical evidence to be highly unlikely to be\ntransmitted through occupancy of a dwelling place; or\n (b) the property is, or is suspected to have been, the site of a\nhomicide, suicide or other death by accidental or natural causes, or any\ncrime punishable as a felony.\n 2.
(a)No cause of action shall
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§ 443-a. Disclosure obligations. 1. Notwithstanding any other\nprovision of law, it is not a material defect or fact relating to\nproperty offered for sale or lease, including residential property\nregardless of the number of units contained therein, that:\n (a) an owner or occupant of the property is, or was at any time\nsuspected to be, infected with human immunodeficiency virus or diagnosed\nwith acquired immune deficiency syndrome or any other disease which has\nbeen determined by medical evidence to be highly unlikely to be\ntransmitted through occupancy of a dwelling place; or\n (b) the property is, or is suspected to have been, the site of a\nhomicide, suicide or other death by accidental or natural causes, or any\ncrime punishable as a felony.\n 2. (a) No cause of action shall arise against an owner or occupant of\nreal property, or the agent of such owner or occupant, or the agent of a\nseller or buyer of real property, for failure to disclose in any real\nestate transaction a fact or suspicion contained in subdivision one of\nthis section.\n (b) Failure to disclose a fact contained in subdivision one of this\nsection to a transferee shall not be grounds for a disciplinary action\nagainst a real estate agent or broker licensed pursuant to this article.\n (c) As used in this section, the terms "agent", "buyer" and "seller"\nshall have the same meanings as such terms are defined in section four\nhundred forty-three of this article.\n 3. Notwithstanding the fact that this information is not a material\ndefect or fact, if such information is important to the decision of the\nbuyer to purchase or lease the property, the buyer may, when negotiating\nor making a bona fide offer, submit a written inquiry for such\ninformation. The buyer or the agent of the buyer shall provide the\nwritten request to the seller's agent or to the seller if there is no\nseller's agent. The seller may choose whether or not to respond to the\ninquiry. The seller's agent, with the consent of the seller and subject\nto applicable laws regarding privacy, shall report any response and\ninformation to the buyer's agent or to the buyer if there is no buyer's\nagent. If there is no seller's agent, the seller shall inform the\nbuyer's agent, or the buyer if there is no buyer's agent, whether or not\nthe seller chooses to provide a response.\n 4. This section shall preempt any local law inconsistent with the\nprovisions of this section.\n