N.Y. Real Property Law 294-A – Recording assignments of rent
§ 294-a. Recording assignments of rent. 1. An assignment of rent to accrue from tenancies, subtenancies, leases or subleases of real property, irrespective of the term of their duration, in existence at the time of the assignment, made, subscribed and acknowledged or proved, and certified in a manner to entitle a conveyance to be recorded may be recorded in the office of the recording officer of any county in which any of the real property to which the tenancies, subtenancies, leases or subleases relate is situated, and such recording officer shall, upon the request of any party, on tender of the lawful fees therefor, record the same in his said office.
Terms Used In N.Y. Real Property Law 294-A
- Contract: A legal written agreement that becomes binding when signed.
- conveyance: includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. See N.Y. Real Property Law 290
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: as used in this article , includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. See N.Y. Real Property Law 290
- recorded: means the entry, at length, upon the pages of the proper record books in a plain and legible hand writing, or in print or in symbols of drawing or by photographic process or partly in writing, partly in printing, partly in symbols of drawing or partly by photographic process or by any combination of writing, printing, drawing or photography or either or any two of them, or by an electronic process by which a record or instrument affecting real property, after delivery is incorporated into the public record. See N.Y. Real Property Law 290
- recording officer: means the county clerk of the county, except in a county having a register, where it means the register of the county. See N.Y. Real Property Law 290
2. Every such assignment not so recorded shall be void as against any person who subsequently purchases or acquires by exchange, or contracts to purchase or acquire by exchange, the same real property, or any portion thereof, or acquires by assignment the rent to accrue therefrom as provided in this section, in good faith and for a valuable consideration, from the same vendor or assignor, his distributees or devisees, and whose conveyance, contract or assignment is first duly recorded.
3. The recording of such assignment shall not be in itself a notice of the assignment to a lessee or tenant, his distributees or devisees, so as to invalidate a payment of rent made by the lessee or tenant, his distributees or devisees, to the assignor or a prior assignee of the rent.