S T A T E O F N E W Y O R K
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7825--A
Cal. No. 719
2023-2024 Regular Sessions
I N S E N A T E
December 20, 2023
___________
Introduced by Sens. KRUEGER, CLEARE, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL,
JACKSON, LIU, MAYER, MYRIE, RAMOS, RIVERA, SCARCELLA-SPANTON, SEPULVE-
DA, STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules -- recommitted to the Committee on
Judiciary in accordance with Senate Rule 6, sec. 8 -- reported favora-
bly from said committee, ordered to first and second report, ordered
to a third reading, amended and ordered reprinted, retaining its place
in the order of third reading
AN ACT to amend the real property law, in relation to limiting the
amount of rent increases for residential ground lease cooperative
apartment buildings and establishing certain rights upon expiration of
such leases
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The real property law is amended by adding a new section
233-c to read as follows:
§ 233-C. RESIDENTIAL GROUND LEASE COOPERATIVE APARTMENT BUILDINGS. 1.
WHEREVER USED IN THIS SECTION:
(A) THE TERM "RESIDENTIAL GROUND LEASE COOPERATIVE APARTMENT BUILDING"
MEANS ANY AND ALL BUILDINGS, IMPROVEMENTS AND/OR OTHER STRUCTURES
LOCATED IN THE STATE OF NEW YORK OCCUPIED, OWNED AND/OR LEASED IN WHOLE
OR IN PART BY A GROUND LEASE RESIDENTIAL COOPERATIVE, OR ANY SUBSIDIARY
OR AFFILIATE THEREOF, PURSUANT TO A SUBJECT RESIDENTIAL COOPERATIVE
GROUND LEASE.
(B) THE TERM "GROUND LEASE RESIDENTIAL COOPERATIVE" MEANS ANY NEW YORK
CORPORATION ORGANIZED AND/OR OPERATING AS A HOUSING DEVELOPMENT FUND
CORPORATION, NEW YORK COOPERATIVE CORPORATION AND/OR COOPERATIVE HOUSING
CORPORATION, INCLUDING ANY ENTITY MEETING THE DEFINITION THEREOF FOR
FEDERAL INCOME TAX PURPOSES, OR ANY PERSON OR ENTITY THAT IS A TENANT IN
COMMON, CO-TENANT OR JOINT OWNER WITH ANY SUCH CORPORATION, OR WHICH IS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02744-05-4
S. 7825--A 2
DIRECTLY OR INDIRECTLY THROUGH A SUBSIDIARY OR AFFILIATE THEREOF, A
PARTY TO A SUBJECT RESIDENTIAL COOPERATIVE GROUND LEASE.
(C) THE TERM "SUBJECT RESIDENTIAL COOPERATIVE GROUND LEASE" MEANS THE
LEASE AGREEMENT, TOGETHER WITH ANY AMENDMENTS OR OTHER RELATED AGREE-
MENTS INCLUDING ANY FORBEARANCE, SETTLEMENT, TENANCY IN COMMON OR OTHER
SIMILAR AGREEMENTS RELATED THERETO, PURSUANT TO WHICH A GROUND LEASE
RESIDENTIAL COOPERATIVE LEASES, OCCUPIES AND/OR OTHERWISE USES FOR RESI-
DENTIAL, COMMERCIAL, OR OTHER ANCILLARY PURPOSES THE GROUND LEASE REAL
PROPERTY FROM ONE OR MORE SUBJECT GROUND LEASE OWNERS.
(D) THE TERM "GROUND LEASE REAL PROPERTY" MEANS ALL REAL PROPERTY,
INCLUDING IMPROVEMENTS THEREON, ALL OR ANY PORTION OF WHICH IS LEASED,
RENTED, LICENSED OR OTHERWISE PROVIDED FOR USE TO A GROUND LEASE RESI-
DENTIAL COOPERATIVE PURSUANT TO A SUBJECT RESIDENTIAL COOPERATIVE GROUND
LEASE, INCLUDING ANY PORTION THEREOF THAT MAY BE SUBLEASED OR OTHERWISE
USED FOR ANCILLARY RETAIL, PARKING, OR COMMERCIAL PURPOSES.
(E) THE TERM "SUBJECT GROUND LEASE OWNERS" MEANS ANY AND ALL PERSONS
OR ENTITIES (WHETHER NATURAL PERSONS, ESTATES, TRUSTS, CORPORATIONS,
PARTNERSHIPS OR OTHER ENTITIES), OTHER THAN ANY EXCEPTED GROUND LEASE
OWNER, THAT HOLDS TITLE TO AND/OR IS THE OWNER (WHETHER BY THE ENTIRETY,
AS TENANTS IN COMMON OR OTHERWISE) OF GROUND LEASE REAL PROPERTY AND/OR
IS OTHERWISE THE LANDLORD UNDER ANY SUBJECT RESIDENTIAL COOPERATIVE
GROUND LEASE.
(F) THE TERM "EXCEPTED GROUND LEASE OWNER" (I) MEANS THE UNITED STATES
FEDERAL GOVERNMENT, THE STATE OF NEW YORK, THE CITY OF NEW YORK, AND ANY
AGENCY, MUNICIPALITY OR POLITICAL SUBDIVISION OF ANY OF THE FOREGOING
THEREOF, ANY ENTITY OWNED OR CONTROLLED BY ANY OF THE FOREGOING, INCLUD-
ING, WITHOUT LIMITATION, THE BATTERY PARK CITY AUTHORITY, THE ROOSEVELT
ISLAND OPERATING CORPORATION, THE QUEENS WEST DEVELOPMENT CORPORATION,
THE BROOKLYN BRIDGE PARK DEVELOPMENT CORPORATION, THE NEW YORK CITY
EDUCATIONAL CONSTRUCTION FUND, AND THE NEW YORK CITY HOUSING AUTHORITY;
AND (II) ANY CHARITY APPROVED UNDER SECTION 501(C) OF THE INTERNAL
REVENUE CODE WHICH ACQUIRED ITS INTEREST AS THE OWNER AND/OR LANDLORD OF
A GROUND LEASE REAL PROPERTY PRIOR TO JANUARY FIRST, TWO THOUSAND TWEN-
TY-FOUR, AND ANY INDIAN NATION, TRIBE OR BAND DESCRIBED UNDER AND
PROTECTED BY THE INDIAN LAW AS DEFINED UNDER TITLE TWENTY-FIVE OF THE
UNITED STATES CODE, BUT SHALL EXCLUDE ANY "PRIVATE FOUNDATION" WITHIN
THE MEANING OF SECTION FIVE HUNDRED NINE OF THE INTERNAL REVENUE CODE.
(G) THE TERM "BASE RENT" MEANS FOR ANY YEAR THE PAYMENTS, INCLUDING
ANY CONSUMER PRICE INDEX OR OTHER SIMILAR ADJUSTMENT PAYMENTS, OTHER
THAN ADDITIONAL RENT, REQUIRED TO BE MADE TO THE SUBJECT GROUND LEASE
OWNERS FOR SUCH YEAR PURSUANT TO A SUBJECT RESIDENTIAL COOPERATIVE
GROUND LEASE.
(H) THE TERM "ADDITIONAL RENT" MEANS, FOR ANY YEAR, THE AMOUNTS SPENT
OR BORNE BY THE GROUND LEASE RESIDENTIAL COOPERATIVE DURING SUCH YEAR
PURSUANT TO, OR IN ORDER TO COMPLY WITH, THE SUBJECT RESIDENTIAL COOPER-
ATIVE GROUND LEASE FOR THE PAYMENT OF REAL ESTATE TAXES, INSURANCE,
REPAIR, MAINTENANCE, INCLUDING, WITHOUT LIMITATION, MAINTENANCE AS MAY
BE REQUIRED PURSUANT TO ANY FACADE INSPECTION SAFETY PROGRAM IMPLEMENTED
BY ANY CITY, MUNICIPALITY OR OTHER GOVERNMENT ENTITY WITHIN THE STATE OF
NEW YORK, AND/OR OTHER CAPITAL IMPROVEMENTS FOR OR WITH RESPECT TO THE
RESIDENTIAL GROUND LEASE COOPERATIVE APARTMENT BUILDING.
(I) THE TERM "MAXIMUM ANNUAL RENT INCREASE PERCENTAGE" MEANS, FOR ANY
YEAR, THE GREATER OF: (I) THREE PERCENT (3%); AND (II) THE PERCENTAGE
CHANGE IN THE CONSUMER PRICE INDEX (FOR ALL URBAN CONSUMERS, U.S. CITY
AVERAGE, ALL ITEMS, NOT SEASONALLY ADJUSTED), AS PUBLISHED BY THE UNITED
STATES DEPARTMENT OF LABOR FOR SUCH YEAR.
S. 7825--A 3
(J) "COMMISSIONER" MEANS THE COMMISSIONER OF THE DIVISION OF HOUSING
AND COMMUNITY RENEWAL.
2. ANNUAL INCREASES IN BASE RENT PAYABLE BY ANY GROUND LEASE RESIDEN-
TIAL COOPERATIVE FROM AND AFTER THE THIRTIETH ANNIVERSARY OF THE INITIAL
DATE OF THE SUBJECT RESIDENTIAL GROUND LEASE SHALL IN NO EVENT EXCEED
THE MAXIMUM ANNUAL RENT INCREASE PERCENTAGE OF THE BASE RENT PAYABLE BY
THE GROUND LEASE RESIDENTIAL COOPERATIVE IN THE PRIOR YEAR. IN THE EVENT
THE SUBJECT RESIDENTIAL COOPERATIVE GROUND LEASE PROVIDES FOR INCREASES
IN BASE RENT ON A PERIODIC BASIS LESS FREQUENTLY THAN ANNUALLY, THE
INCREASE IN BASE RENT FOR ANY PERIOD MAY NOT REPRESENT MORE THAN THE
COMPOUND INCREASE THAT RESULTS FROM APPLYING THE MAXIMUM ANNUAL RENT
INCREASE PERCENTAGE FOR EACH APPLICABLE YEAR ABOVE THE BASE RENT IN
EFFECT AS OF THE LAST PRIOR INCREASE IN BASE RENT. THE PROVISIONS OF
THIS SUBDIVISION SHALL APPLY AS A LIMIT ON ANNUAL INCREASES IN BASE RENT
REGARDLESS OF THE METHODOLOGY FOR DETERMINING THE BASE RENT OR ANY
INCREASES THEREIN AS SET FORTH IN THE SUBJECT RESIDENTIAL COOPERATIVE
GROUND LEASE INSTRUMENT.
3. (A) SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AFTER THE EFFEC-
TIVE DATE OF THIS SECTION, TO THE EXTENT THAT A SUBJECT RESIDENTIAL
COOPERATIVE GROUND LEASE DOES NOT OTHERWISE CONTAIN A RIGHT OR OPTION TO
RENEW THAT CONTINUES TO BE EXERCISABLE BY THE RESIDENTIAL GROUND LEASE
COOPERATIVE, ANY RESIDENTIAL GROUND LEASE COOPERATIVE SHALL HAVE THE
RIGHT TO RENEW ITS SUBJECT RESIDENTIAL COOPERATIVE GROUND LEASE ON THE
SAME TERMS AND CONDITIONS, SUBJECT TO THIS SECTION, AS IN EFFECT AT TIME
OF RENEWAL, WITH SUCH RENEWAL EXERCISABLE AT ANY TIME PRIOR TO THE END
OF THE TERM OR WITHIN NINETY DAYS AFTER HAVING RECEIVED WRITTEN NOTICE
FROM THE SUBJECT GROUND LEASE OWNERS OF THE EXPIRATION OR TERMINATION OF
THE SUBJECT RESIDENTIAL COOPERATIVE GROUND LEASE. ANY RENEWAL TERM
PURSUANT TO THE FOREGOING SHALL, SUBJECT TO PARAGRAPH (B) OF THIS SUBDI-
VISION, BE EQUAL TO THE LESSER OF THE TERM OF SUCH SUBJECT RESIDENTIAL
COOPERATIVE GROUND LEASE PRIOR TO SUCH EXPIRATION OR TERMINATION OR
THIRTY YEARS, AND SHALL OCCUR AUTOMATICALLY AND SUCCESSIVELY, UNLESS THE
SUBJECT RESIDENTIAL COOPERATIVE GROUND LEASE AFFIRMATIVELY ELECTS TO NOT
SO RENEW AND HAS PROVIDED WRITTEN NOTICE OF SUCH NON-RENEWAL TO THE
SUBJECT GROUND LEASE OWNERS.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, IN THE CASE OF
ANY RENEWAL THAT IS NOT ALREADY PROVIDED FOR IN THE SUBJECT RESIDENTIAL
COOPERATIVE GROUND LEASE, A SUBJECT GROUND LEASE OWNER MAY ELECT NOT TO
RENEW A SUBJECT RESIDENTIAL COOPERATIVE GROUND LEASE, AND IN ANY EVENT
MAY BRING AND MAINTAIN ANY ACTION FOR EVICTION, IN EACH CASE FOR THE
REASONS SET FORTH IN SECTION SEVEN HUNDRED ELEVEN OF THE REAL PROPERTY
ACTIONS AND PROCEEDINGS LAW.
4. AFTER THE EFFECTIVE DATE OF THIS SECTION, TO THE EXTENT A SUBJECT
RESIDENTIAL GROUND LEASE CONTAINS ANY PROHIBITION, SPECIFIED DOLLAR
LIMITATIONS OR OTHER REQUIREMENTS FOR OR CONDITIONED ON OBTAINING THE
PRIOR WRITTEN CONSENT OF THE SUBJECT GROUND LEASE OWNER WITH RESPECT TO
THE INCURRENCE OF INDEBTEDNESS OR BORROWING OF MONEY BY A RESIDENTIAL
GROUND LEASE COOPERATIVE AND/OR THE ENCUMBRANCE OF ITS INTEREST IN THE
GROUND LEASE APARTMENT BUILDING IN CONNECTION THEREWITH, IN EACH CASE
WHERE THE PRIMARY PURPOSE OF SUCH INDEBTEDNESS AND/OR BORROWED MONEY IS
TO PROVIDE PROCEEDS OR OTHER CREDIT SUPPORT TO PAY OR FUND REPAIRS,
MAINTENANCE OR OTHER CAPITAL IMPROVEMENTS ON OR WITH RESPECT TO THE
GROUND LEASE REAL PROPERTY AND/OR THE GROUND LEASE APARTMENT BUILDING,
THE SUBJECT GROUND LEASE OWNER MAY ONLY REFUSE TO GRANT SUCH CONSENT FOR
REASONABLE CAUSE AND MUST PROVIDE THE RESIDENTIAL GROUND LEASE COOPER-
ATIVE WITH A WRITTEN STATEMENT THAT SETS FORTH THE BASIS OF REFUSAL
S. 7825--A 4
WITHIN FIFTEEN DAYS OF A WRITTEN REQUEST FOR PERMISSION FROM THE RESI-
DENTIAL GROUND LEASE COOPERATIVE. THE FOREGOING SHALL NOT APPLY TO ANY
MORTGAGE OR GRANTING OF A SECURITY INTEREST IN THE GROUND LEASE REAL
PROPERTY, OTHER THAN THE RESIDENTIAL GROUND LEASE COOPERATIVE APARTMENT
BUILDING ITSELF SO LONG AS IT IS SUBORDINATE TO THE RIGHTS OF THE
SUBJECT GROUND LEASE OWNER UNDER THE SUBJECT RESIDENTIAL COOPERATIVE
GROUND LEASE.
5. (A) IF, AFTER THE EFFECTIVE DATE OF THIS SECTION, ANY SUBJECT
GROUND LEASE OWNER PROPOSES TO DIRECTLY OR INDIRECTLY SELL, ASSIGN,
EXCHANGE, OR OTHERWISE TRANSFER ANY DIRECT OR INDIRECT INTEREST IN ANY
GROUND LEASE REAL PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT
HYPOTHECATION BY WAY OF TRANSFERS OF INTERESTS IN ANY ENTITY THAT IS
ITSELF A SUBJECT GROUND LEASE LANDLORD OR AN OWNER THEREOF AND/OR THE
SUBJECT RESIDENTIAL COOPERATIVE GROUND LEASE ITSELF, THE SUBJECT
GROUND LEASE OWNER SHALL PROVIDE THE RESIDENTIAL GROUND LEASE COOPER-
ATIVE WITH WRITTEN NOTICE THEREOF CONTAINING THE PRICE AND ALL OTHER
TERMS AND CONDITIONS OF SUCH DIRECT OR INDIRECT PROPOSED SALE, ASSIGN-
MENT, EXCHANGE, TRANSFER, OR OTHER SIMILAR CONVEYANCE. THE RESIDENTIAL
GROUND LEASE COOPERATIVE SHALL HAVE THE RIGHT TO PURCHASE THE INTEREST
BEING SOLD, ASSIGNED, EXCHANGED, TRANSFERRED, OR CONVEYED AT THE SAME
PRICE AND ON SUBSTANTIALLY SIMILAR TERMS AND CONDITIONS BY PROVIDING
WRITTEN NOTICE TO THE SUBJECT GROUND LEASE OWNER WITHIN ONE HUNDRED
TWENTY DAYS OF RECEIPT OF THE AFOREMENTIONED WRITTEN NOTICE FROM THE
SUBJECT GROUND LEASE OWNER. THE CLOSING OF THE PURCHASE BY THE RESIDEN-
TIAL GROUND LEASE COOPERATIVE SHALL OCCUR WITHIN THE TIME FRAME AND
PURSUANT TO PROCEDURES ADOPTED BY THE COMMISSIONER PURSUANT TO PARAGRAPH
(D) OF THIS SUBDIVISION.
(B) IF AN OFFER TO PURCHASE BY THE RESIDENTIAL GROUND LEASE COOPER-
ATIVE IS NOT DELIVERED WITHIN SUCH ONE HUNDRED TWENTY DAY PERIOD, THEN,
UNLESS THE SUBJECT GROUND LEASE OWNER THEREAFTER ELECTS TO DIRECTLY OR
INDIRECTLY SELL, ASSIGN, EXCHANGE, OR OTHERWISE TRANSFER ANY DIRECT OR
INDIRECT INTEREST IN ANY GROUND LEASE REAL PROPERTY AT A PRICE LOWER
THAN THE PRICE SPECIFIED IN THE NOTICE TO THE RESIDENTIAL GROUND LEASE
COOPERATIVE OR ON TERMS DIFFERENT FROM THOSE PRESENTED TO THE RESIDEN-
TIAL GROUND LEASE COOPERATIVE, THE SUBJECT GROUND LEASE OWNER HAS NO
FURTHER OBLIGATIONS UNDER THIS SECTION, UNLESS THE SUBJECT GROUND LEASE
OWNER DOES NOT DIRECTLY OR INDIRECTLY SELL, ASSIGN, EXCHANGE, OR OTHER-
WISE TRANSFER ANY DIRECT OR INDIRECT INTEREST IN ANY GROUND LEASE REAL
PROPERTY IN ACCORDANCE WITH THE FOREGOING WITHIN ONE HUNDRED TWENTY DAYS
AFTER THE EXPIRATION OF THE ONE HUNDRED TWENTY DAY PERIOD COMMENCING
WITH DELIVERY OF THE WRITTEN NOTICE OF THE PROPOSED SALE TO THE RESIDEN-
TIAL GROUND LEASE COOPERATIVE, IN WHICH CASE THE PROVISIONS OF PARA-
GRAPHS (A) AND (C) OF THIS SUBDIVISION SHALL CONTINUE TO APPLY.
(C) IF THE SUBJECT GROUND LEASE OWNER, AFTER SUCH ONE HUNDRED TWENTY
DAY PERIOD, ELECTS TO DIRECTLY OR INDIRECTLY SELL, ASSIGN, EXCHANGE, OR
OTHERWISE TRANSFER ANY DIRECT OR INDIRECT INTEREST IN ANY GROUND LEASE
REAL PROPERTY AT A PRICE LOWER THAN THE PRICE SPECIFIED IN THE NOTICE TO
THE RESIDENTIAL GROUND LEASE COOPERATIVE OR ON TERMS DIFFERENT FROM
THOSE PRESENTED TO THE RESIDENTIAL GROUND LEASE COOPERATIVE, THEN THE
RESIDENTIAL GROUND LEASE COOPERATIVE SHALL BE ENTITLED TO NOTICE THEREOF
AND SHALL HAVE AN ADDITIONAL ONE HUNDRED TWENTY DAYS AFTER RECEIPT OF
NOTICE OF THE REVISED TERMS TO DELIVER TO THE SUBJECT GROUND LEASE OWNER
A WRITTEN NOTICE INDICATING EXERCISE OF SUCH RESIDENTIAL GROUND LEASE
COOPERATIVE'S RIGHT TO PURCHASE WHICH MEETS THE REVISED PRICE, TERMS,
AND CONDITIONS AS PRESENTED BY THE SUBJECT GROUND LEASE OWNER. THE
CLOSING OF THE PURCHASE BY SUCH RESIDENTIAL GROUND LEASE COOPERATIVE
S. 7825--A 5
SHALL OCCUR WITHIN THE TIME FRAME AND PURSUANT TO PROCEDURES ADOPTED BY
THE COMMISSIONER PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION.
(D) THE COMMISSIONER SHALL ADOPT THE PROCEDURES IN CONNECTION WITH
THIS SUBDIVISION NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION TO GIVE EFFECT TO CLOSING TERMS AND CONDITIONS ASSOCIATED WITH
ANY PURCHASE AND SALE CONTEMPLATED BY THIS SUBDIVISION.
(E) THIS SECTION DOES NOT APPLY TO PURCHASES OF GROUND LEASE REAL
PROPERTY BY A GOVERNMENTAL ENTITY UNDER ITS POWERS OF EMINENT DOMAIN.
§ 2. If any clause, sentence, paragraph, subdivision, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this act would have been enacted even if such invalid provisions had not
been included herein.
§ 3. This act shall take effect immediately and shall apply to all
existing leases as of such effective date and to any renewals, amend-
ments and other extensions of such leases.