Transferring ownership of a home or other residential property in New York City is a multiple step process. Regardless of whether a home is sold or donated, the buyer and seller of the residential property must sign a written contract (called a deed) transferring ownership of the property. After the signing of a written contract, the transfer must be recorded. Under New York law, all property transfers concerning property located in New York City must be registered with the New York City Office of the City Register. Recording a residential property transfer prevents the original owner of the residence from subsequently transferring the property to other parties.
Draft a deed effectuating the transfer of property. All transfers of residential properties must be in writing. Typically, a deed will list the property being transferred, the consideration is paid for the property, a metes and bounds description of the property and any restrictive covenants existing on the property. The Office of the City Register does not make deed forms available, so you would need to download a deed form or hire an attorney to draft one for you.
Determine the proper method for recording in New York City. Registering a property transfer with the Office of the City Register requires filling out a NYC-RPT Real Property Transfer Tax Return. An NYC-RPT Form must be submitted by mail if the property is located in Staten Island, and must be submitted online if the property is located in the other four boroughs.
Download the NYC-RPT Form if the property is located in Staten Island, or log on to the ACRIS system if the property is in a different borough. Both the NYC-RPT form and the ACRIS system are on the Office of the City Register website. To record a property on the ACRIS system, you will need to register for an account.
Fill out the NYC-RPT Form. The NYC-RPT form requires the personal information for both the buyer and seller of the property, the property location and type of property, the disclosure of any conditions to the transfer and the disclosure of any consideration received for the property. For the transfer of a residential property, the seller must fill out an affidavit certifying that the property is residential. The NYC-RPT form also requires the computation of the tax assessed on the property transfer.
Pay the filing fee and tax assessed on the transferred property. As of 2010, the fee for recording the transfer of residential property is $32 plus $5 per page. The ACRIS system will automatically calculate the cost of recording real property.
