Bill Text: NY S01252 | 2015-2016 | General Assembly | Introduced


Bill Title: Provides that the sponsor of a cooperative apartment building or condominium units may not continue to sit on the board or to vote after the transfer to the cooperative corporation or condominium ownership.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S01252 Detail]

Download: New_York-2015-S01252-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1252
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 9, 2015
                                      ___________
       Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Housing, Construction  and
         Community Development
       AN  ACT  to amend the general business law, in relation to prohibiting a
         sponsor from becoming a director or voting on the board after a build-
         ing has been converted to a cooperative apartment building  or  condo-
         minium ownership
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraphs (iv) and (v) of subdivision 1 of section  352-ee
    2  of  the  general  business  law,  as added by chapter 509 of the laws of
    3  1978, are amended and a new paragraph (vi) is added to read as follows:
    4    (iv) a statement, satisfactory to the attorney general, that it is the
    5  obligation of the sponsor to complete all alterations  and  improvements
    6  to  individual spaces or dwelling units in compliance with such approved
    7  plans within the time specified in the plan or, if the sponsor does  not
    8  undertake  such  obligation, that it is the obligation of the individual
    9  owners of shares in the cooperative corporation or of condominium units,
   10  under the supervision of the cooperative corporation or, in the case  of
   11  a  condominium,  under  the  supervision  of  the  board of managers, to
   12  complete such alterations and improvements within the time specified  in
   13  the plan; [and]
   14    (v)  a statement that a permanent certificate of occupancy is required
   15  for permanent residential use of the premises, that a temporary  certif-
   16  icate  of  occupancy may only be renewed for a total period of two years
   17  from the date of its  original  issuance  and  that,  if  the  temporary
   18  certificate  of occupancy shall have expired prior to obtaining a perma-
   19  nent certificate of occupancy, residential  occupancy  of  the  premises
   20  will  be in violation of the multiple dwelling law, subjecting the occu-
   21  pants and the cooperative corporation and its board of directors or,  in
   22  the  case  of  a  condominium, the unit owners and board of managers, to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00252-01-5
       S. 1252                             2
    1  penalties under the multiple dwelling law including eviction of residen-
    2  tial occupants[.]; AND
    3    (VI)  A  STATEMENT THAT THE SPONSOR SHALL NOT HOLD A SEAT ON THE BOARD
    4  OF DIRECTORS OR BE ALLOWED TO VOTE ANY SHARES AFTER CONVERSION TO  COOP-
    5  ERATIVE OR CONDOMINIUM OWNERSHIP.
    6    S  2.  Subdivision 2 of section 352-eee of the general business law is
    7  amended by adding a new paragraph (g) to read as follows:
    8    (G) THE PLAN PROVIDES THAT AFTER  THE  CONVERSION  TO  COOPERATIVE  OR
    9  CONDOMINIUM  OWNERSHIP THE SPONSOR SHALL NOT HOLD A SEAT ON THE BOARD OF
   10  DIRECTORS NOR VOTE ANY SHARES.
   11    S 3. Subdivision 2 of section 352-eeee of the general business law  is
   12  amended by adding a new paragraph (g) to read as follows:
   13    (G)  THE  PLAN  PROVIDES  THAT  AFTER THE CONVERSION TO COOPERATIVE OR
   14  CONDOMINIUM OWNERSHIP THE SPONSOR SHALL NOT HOLD A SEAT ON THE BOARD  OF
   15  DIRECTORS NOR VOTE ANY SHARES.
   16    S  4.  This act shall take effect immediately and shall apply to plans
   17  submitted on and after such date; provided, however, that the amendments
   18  to sections 352-eee and 352-eeee of the general  business  law  made  by
   19  sections  two  and  three of this act shall not affect the expiration of
   20  such sections and shall be deemed to expire therewith.
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