S T A T E O F N E W Y O R K
________________________________________________________________________
1789
2015-2016 Regular Sessions
I N A S S E M B L Y
January 13, 2015
___________
Introduced by M. of A. DINOWITZ, KAVANAGH, COLTON -- Multi-Sponsored by
-- M. of A. BRENNAN, CLARK -- read once and referred to the Committee
on Housing
AN ACT to amend the general business law, in relation to the managing
agent of a cooperative apartment building or condominium units
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (iv) and (v) of subdivision 1 of section 352-ee
of the general business law, as added by chapter 509 of the laws of
1978, are amended and a new paragraph (vi) is added to read as follows:
(iv) a statement, satisfactory to the attorney general, that it is the
obligation of the sponsor to complete all alterations and improvements
to individual spaces or dwelling units in compliance with such approved
plans within the time specified in the plan or, if the sponsor does not
undertake such obligation, that it is the obligation of the individual
owners of shares in the cooperative corporation or of condominium units,
under the supervision of the cooperative corporation or, in the case of
a condominium, under the supervision of the board of managers, to
complete such alterations and improvements within the time specified in
the plan; [and]
(v) a statement that a permanent certificate of occupancy is required
for permanent residential use of the premises, that a temporary certif-
icate of occupancy may only be renewed for a total period of two years
from the date of its original issuance and that, if the temporary
certificate of occupancy shall have expired prior to obtaining a perma-
nent certificate of occupancy, residential occupancy of the premises
will be in violation of the multiple dwelling law, subjecting the occu-
pants and the cooperative corporation and its board of directors or, in
the case of a condominium, the unit owners and board of managers, to
penalties under the multiple dwelling law including eviction of residen-
tial occupants[.]; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00914-01-5
A. 1789 2
(VI) A STATEMENT THAT THE SPONSOR SHALL NOT ACT AS THE MANAGING AGENT
OF SUCH COOPERATIVE APARTMENT BUILDING OR CONDOMINIUM UNITS EXCEPT UPON
A VOTE OF TWO-THIRDS OF THE TOTAL MEMBERSHIP OF THE STOCKHOLDERS.
S 2. Subdivision 2 of section 352-eee of the general business law is
amended by adding a new paragraph (g) to read as follows:
(G) THE PLAN PROVIDES THAT THE SPONSOR SHALL NOT ACT AS THE MANAGING
AGENT OF SUCH COOPERATIVE APARTMENT BUILDING OR CONDOMINIUM UNITS EXCEPT
UPON A VOTE OF TWO-THIRDS OF THE TOTAL MEMBERSHIP OF THE STOCKHOLDERS.
S 3. Subdivision 2 of section 352-eeee of the general business law is
amended by adding a new paragraph (g) to read as follows:
(G) THE PLAN PROVIDES THAT THE SPONSOR SHALL NOT ACT AS THE MANAGING
AGENT OF SUCH COOPERATIVE APARTMENT BUILDING OR CONDOMINIUM UNITS EXCEPT
UPON A VOTE OF TWO-THIRDS OF THE TOTAL MEMBERSHIP OF THE STOCKHOLDERS.
S 4. This act shall take effect immediately, provided, however, that
the amendments to sections 352-eee and 352-eeee of the general business
law made by sections two and three of this act shall not affect the
expiration of such sections and shall be deemed to expire therewith.