New York’s Real Estate Finance Bureau abolished wet-ink signatures and in-person notarization
New York’s Real Estate Finance Bureau abolished wet-ink signatures and in-person notarization
2026-09-15 · New York · Regulation
A pair of procedural changes at the New York Attorney General's Real Estate Finance Bureau, both effective January 7, 2026, removed two real obstacles from association filings: paper, and the notary. For a board trying to complete a deadline-sensitive filing, the second is the one that used to cost a week.
The Bureau issued a memorandum, “Updated Policies and Procedures Regarding the Submission of Original and Executed Documents,” on December 23, 2025, effective January 7, 2026, as guidance under State Administrative Procedure Act § 102(14). It is explicit about what it is overriding, and the list of regulations it names includes the homeowners association part: “See, e.g., 13 NYCRR Parts 18.2(b); 20.2(b); 21.2(b); 22.2(b); 23.2(b); 24.2(b); and 25.2(b).”1
What the old rule was
The memorandum describes it plainly:
“Historically, REF required that all executed documents submitted to REF include wet ink signatures and would not accept the submission of a photocopy or scanned copy of an executed document or electronic signatures. Additionally, REF traditionally mandated that all documents with a notarization requirement, such as affidavits and certain forms, be notarized in person by a traditional licensed notary.”
And why the Bureau changed it
“REF has determined that its requirements to (i) submit original documents, (ii) submit original wet ink signatures, and (iii) notarize documents prior to filing may be impracticable and cause unnecessary delay to both REF and sponsors, while not providing additional protections for purchasers.”
The new rule, in three parts
“Therefore, starting January 7, 2026, REF will accept submission of the following as part of any applicable submission to REF...: 1. photocopies or scans of documents in instances in which REF's regulations or policies require the submission of an original document; 2. photocopies or scans of executed documents or electronic signatures using DocuSign or other similar electronic signature services in lieu of an original wet ink signature in instances in which REF's regulations or policies require an original document be duly executed; and 3. sponsor affirmations or remote online notarized documents in lieu of a traditionally notarized document in instances in which REF's regulations or policies require notarization or certification.”
The notarization authority relied on is New York Executive Law § 135-c, the remote online notarization statute.
The portal, and where it is mandatory
The companion memorandum, “Electronic Submission Policies and Procedures,” also issued December 23, 2025 and effective January 7, 2026, built a single portal combining document upload and fee payment, and repealed the Bureau's COVID-era temporary arrangements:
“REF has developed a comprehensive paperless electronic submission portal (eSubmission Portal) designed to modernize and streamline the submission process for all filings to REF. This integrated eSubmission Portal combines electronic payment functionality with document upload and transmission capabilities... Starting January 7, 2026, REF will require any submitters wishing to electronically submit their filings to REF to use REF's new eSubmission Portal. Accordingly, REF will repeal its temporary electronic payment and electronic submission policies and procedures on January 7, 2026.”2
Emailing [email protected] and uploading to the Attorney General's cloud, and paying through the temporary ePayment Portal, are no longer available routes.
Most paper filings are still accepted — with named exceptions, and the exceptions are precisely the filings associations make:
“...REF nevertheless will accept most physical, paper-based submissions after the implementation of REF's eSubmission Portal (other than for CPS applications and amendments or extensions thereto, PS applications and amendments thereto, and Forms M-2, M-3, M-4, and M-10, which all must be submitted using the eSubmission Portal).”
And a warning to anyone who stays on paper for the rest: “Submitters who do not use REF's eSubmission Portal may experience significant delays in the administrative processing of their submissions, which may lead to a delay in the review of the submission.”
Cooperative policy statements are the association hook
CPS applications are now portal-only. That matters because CPS-7 is the de minimis cooperative-interest route many New York homeowners associations run on, and each application, amendment or extension is both electronic-only and, since November 2025, a $750 filing fee.
The single practical item for a board: confirm your counsel has portal credentials before a deadline-sensitive filing, and stop building mailing time into the schedule. Every board that has been through a Bureau filing knows that the last week is spent chasing a signature and a notary; that week is now available.
What did not change
The Bureau reissued seven other guidance documents on December 23, 2025, and most are conforming edits rather than new policy. The Amendment Submission memorandum says so in a footnote worth knowing about, because it saves a board from re-reading documents that have not moved:
“This guidance document supersedes and replaces the previous versions dated November 18, 2014, February 4, 2016, December 7, 2017, October 15, 2019, and November 5, 2025. As described herein, this guidance document is hereby updated to reflect REF's new eSubmission procedures. No other substantive changes have been made to this guidance document.”3
The full set reissued that day: Guidelines for Amendment Submission; Letters of No Objection to Termination of Condominium Declaration; No-Action Letter Requests for Projects with Affordable Housing Component; Offering Plan Initial Submission Checklist for Digital Submissions; Procedure for Submitting Price Change Only Amendments; Standards for Submission of Certified Public Copies; Electronic Submission Policies and Procedures; and Digital Submission Requirements for Cooperative Interests.
One updated memorandum that is squarely a board topic: winding up
The Bureau also updated its guidance on “Letters of No Objection to Termination of Condominium Declaration,” originally from January 2015. It explains why the Bureau must be told at all:
“In situations in which all of the unit owners in a condominium have reached a determination to cease operating as a condominium and terminate the condominium declaration, REF requires notice of any such action. Notification is necessary in order for REF to maintain accurate and updated records. Moreover, in certain jurisdictions, the locality requires a letter of no objection from REF before they will process a termination of condominium declaration. For example, the New York City Department of Finance consistently requires such a document from our office, whether an offering plan was accepted for filing.”4
The required affidavit must set out: “1. How the condominium was formed, including all operative dates; 2. A brief history of the ownership of the condominium units; 3. When and how the applicant acquired ownership of the units; 4. An affirmative representation that the affiant owns one hundred percent of the common interest; 5. The underlying reason for the decision to terminate; 6. Disclosure of any relevant pending litigation, e.g., a foreclosure action or bankruptcy proceeding.”
Note item 4. The Bureau's documented route assumes one hundred percent of the common interest in a single hand. A New York condominium contemplating termination with divided ownership is not doing what this guidance addresses, and should not assume the path exists. Our New York governing statute page covers the declaration and its amendment, and our records inspection page covers what owners are entitled to see along the way.
Related New York HOA Topics
- REF memorandum, Updated Policies and Procedures Regarding the Submission of Original and Executed Documents — December 23, 2025, effective January 7, 2026 ↩
- REF memorandum, Electronic Submission Policies and Procedures — the mandatory eSubmission Portal ↩
- REF Guidelines for Amendment Submission, reissued December 23, 2025 ↩
- REF, Letters of No Objection to Termination of Condominium Declaration, updated December 23, 2025 ↩
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