A Commissioner of Deeds in NYC is a public officer appointed by the City Council who can administer oaths, take affirmations, and acknowledge or prove deeds and other documents anywhere within the five boroughs. The appointment runs two years, costs $26 to apply for, and requires passing a competency exam unless you are a licensed attorney. The role overlaps with that of a notary public but is narrower in both powers and geography.
Who Can Be Appointed
You must be at least 18, a United States citizen, and either a resident of New York City or a licensed attorney who maintains an office in the city. Having a business in the city is not enough on its own if you are not an attorney.
Two disqualifications are automatic. You cannot have been previously removed from office as a notary public or a commissioner of deeds. And a felony conviction is a serious barrier, because a Commissioner of Deeds is a public officer. The New York State Department of Corrections and Community Supervision states that a Certificate of Relief from Disabilities “does not enable you to retain or become eligible for public office,”1Department of Corrections and Community Supervision. Certificate of Relief / Good Conduct and Restoration of Rights so the certificates that lift other legal bars tied to a conviction may not help here.
The City Clerk also weighs moral character. Past fraud, ethical violations, or similar misconduct can be grounds for turning an application down.
How to Apply
Request the application and the Commissioner of Deeds handbook by calling 311 or pick them up at any City Clerk’s Office location. The fee is $26, payable by credit card or by money order made out to the City Clerk.2Office of the City Clerk. Fees Once you file the application and pay, the City Clerk forwards it to the City Council for consideration.3Office of the City Clerk. Commissioner of Deeds
If you are not an attorney, you have to pass a competency examination administered by the City Clerk. The statute requires the clerk to certify that each applicant has been examined and found competent to perform the duties of the office.4New York State Senate. New York Executive Law 140 – Commissioners of Deeds in the City of New York Attorneys are exempt, as are certain law clerks who have filed the appropriate certificate. A sitting commissioner applying before the term expires, or a former commissioner applying within six months after a term ended, is also exempt from the exam.
After the City Council approves the appointment, you will be told to return to the City Clerk’s Office. You must take the oath of office within 30 days of appointment. The oath is taken before the commissioner of deeds clerk or another person authorized to administer oaths, and it affirms your citizenship, residency, and commitment to support the federal and state constitutions. You then receive your certificate of appointment.3Office of the City Clerk. Commissioner of Deeds
What a Commissioner Can and Cannot Do
Once appointed, you can administer oaths, take affirmations, and acknowledge or prove deeds and other documents anywhere within the five boroughs.3Office of the City Clerk. Commissioner of Deeds The signer has to appear before you in person, and your job is to verify who they are and that they are signing voluntarily.
Your authority stops at the city line. A commissioner appointed in New York City cannot authenticate documents in Westchester County or anywhere else outside the five boroughs. You also cannot certify copies of documents or perform notarial acts outside the narrow set of oaths, affirmations, and acknowledgments. This is where people most often confuse the role with a notary public.
When you authenticate a document, your official certificate has to include your name, your title as Commissioner of Deeds, and the jurisdiction where you are authorized to act. New York law offers a limited safety net under Executive Law 142-a, which prevents certain technical defects from automatically invalidating a document after six months.5New York State Senate. New York Executive Law 142-A – Validity of Acts of Notaries Public and Commissioners of Deeds Notwithstanding Certain Defects Relying on that provision is a bad plan. Fill in the certificate correctly the first time.
Commissioner of Deeds vs. Notary Public
A notary public in New York is commissioned by the Secretary of State and can act anywhere in the state. A Commissioner of Deeds is appointed by a local governing body (in this case the City Council) and is limited to that municipality.
Notaries also carry broader powers, including the authority to take depositions and to certify certain documents that commissioners cannot touch. The application paths differ as well: notaries go through the New York Department of State and sit for a state-administered exam, while commissioners in NYC go through the City Clerk and City Council and sit for the City Clerk’s exam. For most routine document authentication inside city limits, either officer can handle the job; only a notary has statewide reach.
Term, Renewal, and Early Termination
The commission runs two years from the date of appointment.3Office of the City Clerk. Commissioner of Deeds When the term expires, your authority ends immediately, and anything you authenticate after that is potentially defective.
To keep serving, apply for reappointment before your term runs out. The renewal fee is $26, the same as the original application.2Office of the City Clerk. Fees Apply before expiration or within six months after, and you skip the exam. Wait longer than six months and you start over as a new applicant, exam included.4New York State Senate. New York Executive Law 140 – Commissioners of Deeds in the City of New York
The commission can also end mid-term. Moving outside the city vacates the office, because residency (or, for attorneys, maintaining an office in the city) is a continuing requirement. Accepting another public office may vacate it too. You can also resign voluntarily at any time.
Liability for Misconduct
Commissioners are personally accountable for how they carry out the role, and the exposure is both civil and criminal.
On the civil side, New York Real Property Law 330 provides that any officer authorized to take acknowledgments or proofs who is “guilty of malfeasance or fraudulent practice” in carrying out those duties is liable in damages to the person injured.6New York State Senate. New York Real Property Law 330 – Officers Guilty of Malfeasance Liable for Damages Authenticate a forged signature on a deed, and the person who loses their property can sue you personally for the loss.
On the criminal side, two scenarios create misdemeanor liability under Executive Law 140. Holding yourself out as a commissioner of deeds without having been appointed, or using the title to create the impression you hold the office, is a misdemeanor. So is practicing fraud or deceit while in office.4New York State Senate. New York Executive Law 140 – Commissioners of Deeds in the City of New York A commissioner who has been removed and continues to sign documents as a commissioner after learning of the removal is also guilty of a misdemeanor.
Removal has one more consequence worth knowing before you apply. Once the City Clerk or appointing authority revokes a commission, you are permanently barred from reappointment as either a commissioner of deeds or a notary public.3Office of the City Clerk. Commissioner of Deeds
As a city public officer, you are also bound by the conflicts of interest rules in Chapter 68 of the City Charter. You cannot use the position to obtain a financial advantage for yourself or for associated persons, a category that includes your spouse, domestic partner, children, parents, and siblings. Authenticating a document in which you have a personal financial stake, or one that benefits a close family member, can violate those rules and lead to removal and further penalties.