STATE OF NEW YORK
________________________________________________________________________
8809--B
Cal. No. 448
IN ASSEMBLY
January 12, 2022
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Housing -- reported from committee, advanced to a third
reading, amended and ordered reprinted, retaining its place on the
order of third reading -- again amended on third reading, ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the general business law, in relation to the percentage
of units to be sold to convert certain real property to cooperative or
condominium ownership in the city of New York
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 1 of section 352-eeee of the
2 general business law, as amended by section 1 of part N of chapter 36 of
3 the laws of 2019, is amended to read as follows:
4 (b) "Non-eviction plan". A plan which may not be declared effective
5 until written purchase agreements have been executed and delivered for
6 at least fifty-one percent of all dwelling units in the building or
7 group of buildings or development by bona fide tenants who were in occu-
8 pancy on the date a letter was issued by the attorney general accepting
9 the plan for filing; provided, however, that for a building containing
10 five or fewer units, and where the sponsor of the offering plan offers
11 the unit that they or their immediate family member has occupied for at
12 least two years, the plan may not be effective until written purchase
13 agreements have been executed and delivered for at least fifteen percent
14 of all dwelling units in the building subscribed for by bona fide
15 tenants in occupancy or bona fide purchasers who represent that they
16 intend that they or one or more members of their immediate family occupy
17 the dwelling unit when it becomes vacant. The purchase agreement shall
18 be executed and delivered pursuant to an offering made in good faith
19 without fraud and discriminatory repurchase agreements or other discri-
20 minatory inducements.
21 § 2. Subparagraph (i) of paragraph (c) of subdivision 2 of section
22 352-eeee of the general business law, as amended by section 1 of part N
23 of chapter 36 of the laws of 2019, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13595-04-2
A. 8809--B 2
1 (i) [The] (1) Subject to the provisions of clause two of this subpara-
2 graph, the plan may not be declared effective until written purchase
3 agreements have been executed and delivered for at least fifty-one
4 percent of all dwelling units in the building or group of buildings or
5 development subscribed for by bona fide tenants in occupancy on the date
6 a letter was issued by the attorney general accepting the plan for
7 filing for which purchase agreement shall be executed and delivered
8 pursuant to an offering made without discriminatory repurchase agree-
9 ments or other discriminatory inducements.
10 (2) For buildings containing five or fewer units, the plan may not be
11 declared effective until written purchase agreements have been executed
12 and delivered for at least fifteen percent of all dwelling units in the
13 building subscribed for by bona fide tenants in occupancy or bona fide
14 purchasers who represent that they intend that they or one or more
15 members of their immediate family occupy the dwelling unit when it
16 becomes vacant, provided that the sponsor of the offering plan offers
17 the unit that they or their immediate family member have occupied for at
18 least two years. As to tenants who were in occupancy on the date a
19 letter was issued by the attorney general accepting the plan filing, the
20 purchase agreement shall be executed and delivered pursuant to an offer-
21 ing made without discriminatory repurchase agreements or other discrimi-
22 natory inducements.
23 § 3. This act shall take effect on the ninetieth day after it shall
24 have become a law. Effective immediately, the addition, amendment and/or
25 repeal of any rule or regulation necessary for the implementation of
26 this act on its effective date are authorized to be made and completed
27 on or before such date.