[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES688a Uncod LL Pro
Document receipt policy — See Ch. 904.
Identity protection — See Ch. 971.
Records retention — See Ch. 1079.
Article I Fees; Privacy Protection
[Adopted 8-20-2008 by L.L. No. 36-2008 (Ch. 397, Art. I, of the 1985 Code)]
This Legislature finds and determines that § 8021 of the New York Civil Practice Law and Rules (CPLR) allows a county clerk who renders a service other than in his capacity as Clerk of the Supreme Court or a county court, or other than in an action pending in a court of which he is Clerk, to collect recording fees, payable in advance.
This Legislature further finds and determines that § 8021 was recently amended to require county clerks to make a good-faith effort to redact social security numbers from recorded instrument cover sheets, and to authorize county clerks, via duly enacted local law, to increase fees charged for recorded instruments in the County Clerk's office.
This Legislature further finds and determines that redacting social security numbers from the cover sheets of recorded instruments is an important tool to protect the privacy of individuals.
This Legislature further finds and determines that by extending the authority to the Suffolk County Clerk to accept as a fee for recorded instruments the maximum sum allowable under New York State law, a critical source of revenue will be provided for the good-faith effort made by the County Clerk to redact social security numbers from recorded instrument cover sheets.
Therefore, the purpose of this article is to authorize the County Clerk to accept as a fee for recording, entering, indexing and endorsing a certificate on any instrument the maximum sum allowable under New York State law and to instruct the County Clerk, as applicable, to make a good-faith effort to redact social security numbers from recorded instrument cover sheets.
Whenever the Suffolk County Clerk renders a service, other than in his capacity as Clerk of the Supreme Court or the County Court, or other than in an action pending in a court of which he is Clerk, in connection with papers or instruments relating to real property and not filed under the Uniform Commercial Code, the Suffolk County Clerk shall be entitled to a fee of $20, payable in advance, for recording, entering, indexing and endorsing a certificate on any instrument, and, in addition thereto, a fee of $5 for each page or portion of a page.
For the purpose of determining the appropriate recording fee, the fee for any cover page shall be deemed an additional page of the instrument.
This article shall apply to all recordings or filings occurring on or after the effective date of this article.