Bill Text: NY S08564 | 2021-2022 | General Assembly | Introduced


Bill Title: Permits certain buildings with five or fewer units to convert to cooperative or condominium ownership upon written purchase agreements with at least fifteen percent of the dwelling units in the building.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-05-18 - SUBSTITUTED BY A8809B [S08564 Detail]

Download: New_York-2021-S08564-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8564

                    IN SENATE

                                     March 14, 2022
                                       ___________

        Introduced by Sen. GOUNARDES -- 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 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:
    24    (i) [The] (1) Subject to the provisions of clause two of this subpara-
    25  graph, the plan may not be declared  effective  until  written  purchase
    26  agreements  have  been  executed  and  delivered  for at least fifty-one

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13595-05-2

        S. 8564                             2

     1  percent of all dwelling units in the building or group of  buildings  or
     2  development subscribed for by bona fide tenants in occupancy on the date
     3  a  letter  was  issued  by  the  attorney general accepting the plan for
     4  filing  for  which  purchase  agreement  shall be executed and delivered
     5  pursuant to an offering made without  discriminatory  repurchase  agree-
     6  ments or other discriminatory inducements.
     7    (2)  For buildings containing five or fewer units, the plan may not be
     8  declared effective until written purchase agreements have been  executed
     9  and  delivered for at least fifteen percent of all dwelling units in the
    10  building subscribed for by bona fide tenants in occupancy or  bona  fide
    11  purchasers  who  represent  that  they  intend  that they or one or more
    12  members of their immediate family  occupy  the  dwelling  unit  when  it
    13  becomes  vacant,  provided  that the sponsor of the offering plan offers
    14  the unit that they or their immediate family member have occupied for at
    15  least two years. As to tenants who were  in  occupancy  on  the  date  a
    16  letter was issued by the attorney general accepting the plan filing, the
    17  purchase agreement shall be executed and delivered pursuant to an offer-
    18  ing made without discriminatory repurchase agreements or other discrimi-
    19  natory inducements.
    20    §  3.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law. Effective immediately, the addition, amendment and/or
    22  repeal of any rule or regulation necessary  for  the  implementation  of
    23  this  act  on its effective date are authorized to be made and completed
    24  on or before such date.
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