Bill Text: NY A01623 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires a uniform process for considering applications to purchase condominiums or cooperatives.
Spectrum: Slight Partisan Bill (Democrat 8-4)
Status: (Introduced - Dead) 2022-04-05 - enacting clause stricken [A01623 Detail]
Download: New_York-2021-A01623-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1623 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ Introduced by M. of A. PERRY, PAULIN, DiPIETRO, PEOPLES-STOKES, BRABE- NEC, SEAWRIGHT, RICHARDSON -- Multi-Sponsored by -- M. of A. COOK, GALEF, LUPARDO, McDONOUGH -- read once and referred to the Committee on Housing AN ACT to amend the not-for-profit corporation law and the business corporation law, in relation to cooperative purchase applications The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The not-for-profit corporation law is amended by adding a 2 new section 519-b to read as follows: 3 § 519-b. Residential cooperative corporations; ownership interests. 4 (a) Any residential cooperative corporation incorporated pursuant to 5 this chapter, shall establish uniform processes for applying to and 6 considering applications for the purchase of certificates of stock, a 7 proprietary lease or other evidence of an ownership interest in such 8 residential cooperative corporation. 9 (b) Written notice of such processes shall be made available to any 10 prospective purchasers and prospective sellers, or their respective real 11 estate agents, promptly upon request. 12 (c) At a minimum, such processes shall require the cooperative corpo- 13 ration, upon receiving an application from a prospective purchaser, to 14 acknowledge receipt of such application within twenty-one days and to 15 include in such acknowledgement of receipt whether the application 16 submitted fully satisfies the requirements therefor, the way or ways the 17 submitted application is incomplete, and any additional materials neces- 18 sary to effectuate consideration of the application. 19 (d) The processes established pursuant to this section shall further 20 require that, following the submission of a completed application and 21 all additional materials requested in the acknowledgement of receipt, 22 the board of directors shall notify the prospective purchaser or their 23 agent that the application is complete. Such notice shall state by what EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05016-01-1A. 1623 2 1 date review of the application will be complete and when the prospective 2 purchaser or their agent will be notified whether consent to the sale is 3 granted or denied. 4 (e) Written notice that consent to the sale has been granted or denied 5 shall be provided to the prospective purchaser no more than ninety days 6 after the submission of a completed application. In the event a sale is 7 denied, such notice shall state the reason for the denial. If no written 8 notice is provided within ninety days, consent to the sale shall be 9 granted. 10 (f) Nothing in this section shall be construed to limit the rights or 11 remedies provided by any other provision of law. 12 § 2. The business corporation law is amended by adding a new section 13 728 to read as follows: 14 § 728. Residential cooperative corporations; ownership interests. 15 (a) Any residential cooperative corporation incorporated pursuant to 16 this chapter, shall establish uniform processes for applying to and 17 considering applications for the purchase of certificates of stock, a 18 proprietary lease or other evidence of an ownership interest in such 19 residential cooperative corporation. 20 (b) Written notice of such processes shall be made available to any 21 prospective purchasers and prospective sellers, or their respective real 22 estate agents, promptly upon request. 23 (c) At a minimum, such processes shall require the cooperative corpo- 24 ration upon receiving an application from a prospective purchaser, to 25 acknowledge receipt of such application and to include in such acknowl- 26 edgement of receipt whether the application submitted fully satisfies 27 the requirements therefor, the way or ways the submitted application is 28 incomplete, and any additional materials necessary to effectuate consid- 29 eration of the application. 30 (d) The processes established pursuant to this section shall further 31 require that, following the submission of a completed application and 32 all additional materials requested in the acknowledgement of receipt, 33 the board of directors shall notify the prospective purchaser or their 34 agent that the application is complete. Such notice shall state by what 35 date review of the application will be complete and when the prospective 36 purchaser or their agent will be notified whether consent to the sale is 37 granted or denied. 38 (e) Written notice that consent to the sale has been granted or denied 39 shall be provided to the prospective purchaser no more than ninety days 40 after the submission of a completed application. In the event a sale is 41 denied, such notice shall state the reason for the denial. If no written 42 notice is provided within ninety days, consent to the sale shall be 43 granted. 44 (f) Nothing in this section shall be construed to limit the rights or 45 remedies provided by any other provision of law. 46 § 3. This act shall take effect on the one hundred twentieth day after 47 it shall have become a law.
