NY State — NY Real Property Law

§ 291-C — SECTION 291-C Recording memoranda of leases

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Statute text reproduced from nysenate.gov. Not attorney-reviewed for your situation — for reference only.

What is NY RPL § 291-C?

Quick Answer

This section allows for the recording of a memorandum of lease instead of the full lease for terms exceeding three years. The memorandum must include specific details such as the names and addresses of the lessor and lessee, lease dates, and descriptions of the leased premises. Applies to parties involved in lease agreements exceeding three years.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 291-C SECTION 291-C Recording memoranda of leases

RPL § 291-C

§ 291-c. Recording memoranda of leases. In lieu of the recording of a lease for a term exceeding three years, pursuant to section two hundred ninety-one of this chapter, there may be recorded with like effect a memorandum of such lease, executed by all persons who are parties to the lease, and acknowledged or proved, and certified, in the manner to entitle a conveyance to be recorded. A memorandum of lease thus entitled to be recorded shall contain at least the following information with respect to the lease: the name of the lessor and the name of the lessee and the addresses, if any, set forth in the lease as addresses of such parties; a reference to the lease, with its date of execution; a description of the leased premises in the form contained in the lease; the term of the lease, with the date of commencement and the date of termination of such term, and if there is a right of extension or renewal, the maximum period for which or date to which the lease may be extended or the number of times or date to which it may be renewed, and the date or dates on which such rights of extension or renewal are exercisable.

Whenever a memorandum of lease is presented for recording, the lease shall also be submitted to the recording officer for the purpose of examination to determine whether or not such memorandum of lease is subject to the tax on mortgages provided by article eleven of the tax law.

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