A10084 Summary:

BILL NOA10084
 
SAME ASSAME AS S07523
 
SPONSORLavine
 
COSPNSRJenne, Cusick, Sepulveda, Harris, Hunter, Pichardo, Steck, Jean-Pierre
 
MLTSPNSRFitzpatrick
 
Add Art 11 §§360 - 366, RP L
 
Enacts the "fairness in cooperative homeownership act"; regulates the submission and determinations of applications for ownership of cooperative apartments.
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A10084 Actions:

BILL NOA10084
 
03/14/2018referred to housing
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A10084 Committee Votes:

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A10084 Floor Votes:

There are no votes for this bill in this legislative session.
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A10084 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10084
 
                   IN ASSEMBLY
 
                                     March 14, 2018
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Housing
 
        AN  ACT  to  amend  the  real property law, in relation to the timing of
          decisions for the sales of cooperative apartments
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative  findings.  The  legislature hereby finds and
     2  declares that residential cooperative purchasers are  subject  to  proc-
     3  esses  and  conditions  that do not also apply to the purchases of other
     4  single-family residences. The provisions of this act  are  not  intended
     5  and  do  not  diminish  the  duty  of cooperative boards to uphold their
     6  established fiduciary duties. It is the intent of this  act  to  signif-
     7  icantly  improve the transparency of the cooperative purchase process to
     8  the benefit of all parties involved in the transaction.
     9    § 2. The real property law is amended by adding a new  article  11  to
    10  read as follows:
 
    11                                 ARTICLE 11
    12                COOPERATIVE CORPORATIONS; TIMING OF DECISIONS
 
    13  Section 360. Short title.
    14          361. Definitions.
    15          362. Requirements for determination.
    16          363. Acknowledgement of receipt of application.
    17          364. Time for determination.
    18          365. Tolling of time.
    19          366. Construction.
    20    § 360. Short  title.  This  article shall be known and may be cited as
    21  the "fairness in cooperative homeownership act".
    22    § 361. Definitions. As used in this article, unless the context other-
    23  wise requires:
    24    1. "Application" means the set of documents utilized by a  cooperative
    25  corporation  to  facilitate  a  prospective  purchaser's  acquisition of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13573-01-7

        A. 10084                            2
 
     1  certificates of stock, a proprietary lease,  or  other  evidence  of  an
     2  ownership interest in such cooperative corporation.
     3    2.  "Cooperative  corporation"  means  any corporation governed by the
     4  requirements of the state cooperative corporation  law  or  the  general
     5  business  law,  which  among  other  things, grants persons the right to
     6  reside in a cooperative apartment, that right existing by such  person's
     7  ownership of certificates of stock, proprietary lease, or other evidence
     8  of ownership of an interest in such entity.
     9    3. "Proprietary lease" means the lease or occupancy agreement by which
    10  a cooperative corporation permits a person to occupy an apartment in the
    11  premises owned by the cooperative corporation.
    12    4.  "Prospective  purchaser"  means  a  person  who has entered into a
    13  contract of sale to purchase the proprietary  lease  and  the  ownership
    14  interest in a cooperative corporation from a prospective seller.
    15    5. "Prospective seller" means a person who has a proprietary lease and
    16  an  ownership  interest in a cooperative corporation and who has entered
    17  into a contract of sale to  sell  the  person's  proprietary  lease  and
    18  ownership  interest  in  a  cooperative  corporation  to  a  prospective
    19  purchaser.
    20    6. "Sale" means the transfer of a person's  ownership  interest  in  a
    21  cooperative  corporation  and that person's proprietary lease to another
    22  person.
    23    § 362. Requirements for determination. 1. The board  of  directors  or
    24  managing  agent  of each cooperative corporation shall maintain a stand-
    25  ardized application and list of requirements for all cooperative  apart-
    26  ments subject to the by-laws or proprietary lease of such corporation.
    27    2.  The  board  of  directors  or  managing agent of every cooperative
    28  corporation shall provide the corporation's standardized application and
    29  list of requirements to any prospective purchasers and prospective sell-
    30  ers, or their respective real estate agents, promptly upon request,  and
    31  shall  include  instructions  as to where and how to submit the required
    32  materials including the mailing address and designated email address for
    33  the cooperative corporation.
    34    § 363. Acknowledgement of receipt of  application.  1.  A  prospective
    35  purchaser  shall  submit  an  application  via registered mail, and such
    36  application shall include a mailing address and  email  address.  Within
    37  ten  business  days  of  receiving  an  application  from  a prospective
    38  purchaser, a cooperative corporation  shall  provide  to  a  prospective
    39  purchaser  via electronic mail and registered mail a written acknowledg-
    40  ment of the receipt of such application. Electronic mail delivery  shall
    41  serve as an additional notice, but shall not replace the requirement for
    42  delivery  by registered mail. The requirements of this subdivision shall
    43  apply both to a prospective purchaser's initial submission  and  to  any
    44  subsequent submissions the prospective purchaser may make.
    45    2.  An  acknowledgement  of  receipt  shall set forth with specificity
    46  whether the  application  submitted  fully  satisfies  the  requirements
    47  therefor  and  list  of  the  requirements provided for in section three
    48  hundred sixty-two of this article, the way or ways the submitted  appli-
    49  cation  failed  to  comply  with  the  cooperative corporation's list of
    50  requirements maintained and  provided  by  the  cooperative  corporation
    51  pursuant  to such section, and if additional materials are requested for
    52  clarification of a previously submitted application, what materials  are
    53  desired.
    54    3.  Failure by a cooperative corporation to provide a written acknowl-
    55  edgement pursuant to this section within ten business days from the date

        A. 10084                            3
 
     1  of receipt of the submission of  an  application  shall  result  in  the
     2  application being deemed to be complete.
     3    §  364.  Time  for  determination.  1.  Following  the submission of a
     4  completed application containing the information and documents contained
     5  in the list required to be maintained and provided pursuant  to  section
     6  three  hundred  sixty-two  of  this article and any additional materials
     7  requested for clarification, a cooperative corporation  shall  inform  a
     8  prospective purchaser whether its consent to a sale is granted or wheth-
     9  er its consent to a sale is denied within forty-five days.
    10    2.  The time period provided in subdivision one of this section may be
    11  extended at any time with the consent of the prospective purchaser.  The
    12  cooperative  corporation shall be entitled to one fourteen day extension
    13  without the consent  of  the  purchaser  after  sending  notice  to  the
    14  prospective  purchaser  via  registered  mail  within forty-five days of
    15  receiving a completed application.
    16    3. If after the forty-five day period for determination and any appli-
    17  cable extensions, the cooperative corporation does not act on an  appli-
    18  cation, a prospective purchaser may inform the board of such corporation
    19  that  if no action is taken within ten days then the failure to act will
    20  constitute consent by the cooperative corporation to the sale.
    21    4. If no action is taken following the ten day notice period  pursuant
    22  to  subdivision three of this section, the cooperative corporation shall
    23  be deemed to have consented to the sale.
    24    5. Nothing in this section shall be construed to  prohibit  a  cooper-
    25  ative  corporation  from  lawfully  denying its consent to a sale at any
    26  time prior to the expiration of the forty-five day determination  period
    27  and ten day notice period.
    28    § 365. Tolling of time. If a cooperative corporation's board of direc-
    29  tors  has placed a memorandum or other writing in its files stating that
    30  such board does not ordinarily meet in the months of  July  and  August,
    31  then such board of directors or managing agent shall have sixty calendar
    32  days  or until the tenth of September, whichever is later, after receiv-
    33  ing an application to acknowledge receipt thereof and begin the determi-
    34  nation process for any application received on or after July  first  but
    35  before September tenth of any calendar year.
    36    §  366.  Construction.  Nothing  in this article shall be construed or
    37  interpreted to limit or restrict the rights and remedies granted by  any
    38  other provision of law.
    39    § 3. This act shall take effect on the one hundred twentieth day after
    40  it shall have become a law and shall apply to applications submitted and
    41  received  on or after such date; provided, however, that effective imme-
    42  diately the state commissioner of human rights is authorized to take any
    43  actions necessary prior to such effective date for the implementation of
    44  the provisions of this act on its  effective  date  including,  not  not
    45  limited to, establishing guidelines and promulgating rules.
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