NY State Senate Bill 2025-S7541

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 22, 2025	referred to judiciary

2025-S7541 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd §§339-e & 339-q, add §339-mm, RP L

2025-S7541 (ACTIVE) - Summary

Requires that when a buyer enters into a contract to purchase a condominium or cooperative housing unit, the property management company or board of managers shall provide the buyer with records of the most recent inspection and engineering reports and permits for the subject property.

2025-S7541 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7541

SPONSOR: BYNOE
 
TITLE OF BILL:

An act to amend the real property law, in relation to establishing tran-
sparency guidelines for condominiums and cooperative housing units

 
PURPOSE OR GENERAL IDEA OF BILL:

To require condominium and cooperative housing associations' board of
managers and/or property management companies to provide information on
engineering reports, inspections, and permits to unit owners and to
municipalities when applicable.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides the legislative intent of this bill.

Section 2 adds definitions specific to the Condominium Law for
"Inspections", "Engineering Reports" and "Permits"

Section 3 adds inspections, engineering reports, and permits to the list
of items that must be filed with the Board of Managers and provided to
unit owners digitally and physically.

Section 4 establishes reporting requirements that any buyer shall
receive a copy of any engineering report, inspection, or permits cover-
ing their unit. Any prospective buyer would have the right to review
these same documents. While any inspection or engineering report
completed for a condominium or cooperative housing association would be
required to be filed with the local building, health or code enforcement
office. Any permit granted by a municipality for any condominium or
cooperative housing association would be required to be made available
to all unit owners and the board of managers.

Section 3 provides the effective date.

 
JUSTIFICATION:

Currently, there is no legal requirement that condominium and cooper-
ative housing associations' board of managers must provide unit owners
with copies of any engineering report, permit or inspection that has
been completed for the property they oversee. This bill would require
boards of managers to file and maintain records related to engineering
reports, permits and inspections, and to provide those reports, as well
as the bylaws, floor plans, the declaration and any rules or regulations
to unit owners digitally and physically.

In addition, buyers do not have an express written consent to be able to
receive any such copies of inspections or engineering reports for the
subject property, this bill ensures that prospective buyers both would
have the right to request such form and to receive these forms upon the
acquisition of a housing unit. These reports shall also be required to
be submitted with municipal building, health, fire or code enforcement
as relevant, so that these municipalities to have better communication
with condominium and cooperative housing associations should any struc-
tural, mechanical or health issues arise, which would endanger or cause
the evacuation of residents in these communities.
 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:

None to New York State.

 
EFFECTIVE DATE:
This act shall take effect on the one hundredth and eightieth day after
it shall have become a law.

2025-S7541 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7541
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 22, 2025
                                ___________
 
 Introduced  by  Sen.  BYNOE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property law, in relation to establishing tran-
   sparency guidelines for condominiums and cooperative housing units
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative intent. This Legislature hereby finds that on
 June 24, 2021, Champlain Towers South, a 12-story condominium  in  Surf-
 side, Florida experienced a partial collapse that resulted in the deaths
 of  98 residents, becoming the third-deadliest non-deliberate structural
 engineering failure in United States history. In  the  wake  of  such  a
 tragedy, this Legislature understands that there are currently no exist-
 ing  statewide regulations which would require that condominium or coop-
 erative housing associations' property management company  or  board  of
 managers  make  information regarding any inspections, permits, or engi-
 neering reports available to unit owners and purchasers.
   Additionally, this Legislature finds that in Myrtle Beach, South Caro-
 lina, residents of the  Renaissance  Towers  condominium  are  currently
 embroiled in an ongoing lawsuit after 300 units were evacuated after the
 building  was  deemed unsafe by Horry County Code Enforcement on October
 7, 2022. These unit owners reported  that  the  board  of  managers  had
 failed  to document or inform unit owners of the findings of engineering
 reports for over 20 years prior  to  the  evacuation.  This  Legislature
 determines that transparency of reporting inspections, permits and engi-
 neering  reports  would  provide residents and purchasers with the know-
 ledge to make informed decisions about their condominium and cooperative
 housing associations, and such reports should be provided to local muni-
 cipalities to protect the health and wellbeing of residents.
   Furthermore, this Legislature finds that this legislation  would  make
 New  York  the  third  state,  following Florida and New Jersey, to have
 strengthened transparency regulations on condominiums and co-ops follow-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11710-01-5

 S. 7541                             2
 
 ing the 2021 Champlain Towers South collapse. As such, this  Legislature
 finds  that  New  York  should  follow in their footsteps to ensure that
 condominium and cooperative housing associations' board of managers  and
 property  management  companies should have a duty to inform unit owners
 and purchasers of any  structural,  mechanical,  health,  or  fire  code
 violations  that may exist in a condominium or cooperative housing prop-
 erty.
   § 2. Section 339-e of the real property law is amended by adding three
 new subdivisions 17, 18 and 19 to read as follows:
   17. "INSPECTIONS" SHALL MEAN ANY REPORT COMPLETED BY AN EMPLOYEE OF  A
 MUNICIPALITY,  A CONTRACTOR WORKING ON BEHALF OF A MUNICIPALITY OR PROP-
 ERTY MANAGEMENT COMPANY FOR THE PURPOSE OF  ENSURING  A  PROPERTY  MEETS
 LOCAL  BUILDING  CODES, HEALTH AND SAFETY STANDARDS, OR FIRE CODE, OR TO
 EVALUATE IF A PROPERTY HAS SIGNIFICANT MECHANICAL OR STRUCTURAL DAMAGE.
   18. "ENGINEERING REPORTS" SHALL MEAN ANY REPORT COMPLETED BY A  CERTI-
 FIED  ENGINEER  OR ARCHITECT ON BEHALF OF A PROPERTY MANAGEMENT COMPANY,
 THE BOARD OF MANAGERS, A MUNICIPALITY, OR THE STATE OF NEW YORK FOR  THE
 PURPOSE OF EVALUATING IF A PROPERTY HAS SIGNIFICANT MECHANICAL OR STRUC-
 TURAL DAMAGES.
   19.  "PERMIT"  SHALL  MEAN  ANY OFFICIAL APPROVAL ISSUED BY A STATE OR
 MUNICIPALITY AUTHORIZING THE PROPERTY MANAGEMENT COMPANY, A  CONSULTANT,
 OR  ANY  AGENCY HIRED BY THE BOARD OF MANAGERS TO OPERATE, CONDUCT RENO-
 VATIONS, REPAIRS, OR REMEDIATION FOR ANY PROPERTY POSSESSING RESIDENTIAL
 CONDOMINIUMS OR COOPERATIVE HOUSING UNITS.
   § 3. Section 339-q of the real property law, as added by chapter 82 of
 the laws of 1964, is amended to read as follows:
   § 339-q. Filing with  board.  1.  True  copies  of  the  floor  plans,
 INSPECTIONS,  ENGINEERING REPORTS, PERMITS, the declaration, the by-laws
 and any rules and regulations shall be kept on file in the office of the
 board of managers and shall be available for  inspection  at  convenient
 hours  of  weekdays  by  persons having an interest. COPIES OF THE FLOOR
 PLANS, INSPECTIONS, ENGINEERING REPORTS, PERMITS, THE  DECLARATION,  THE
 BY-LAWS  AND  ANY  RULES AND REGULATIONS SHALL BE PROVIDED DIGITALLY AND
 PHYSICALLY TO UNIT OWNERS WHENEVER ANY REVISION, AMENDMENT,  INSPECTION,
 REPORT OR PLAN IS MADE OR ISSUED.
   2.  SHOULD  THE  BOARD OF MANAGERS FAIL TO COMPLY WITH ANY ITEM WITHIN
 THIS SECTION, THE OFFICE OF THE ATTORNEY GENERAL OF  THE  STATE  OF  NEW
 YORK  SHALL  RESERVE  THE RIGHT TO VOID ANY OFFERING PLAN PERMITTING THE
 OPERATION OF THE CONDOMINIUM OR COOPERATIVE.
   3. NOTHING IN THIS SECTION SHALL ABROGATE  OR  LIMIT  A  UNIT  OWNER'S
 RIGHT TO FILE A CIVIL OR CRIMINAL ACTION AGAINST THE BOARD OF MANAGERS.
   §  4.  The real property law is amended by adding a new section 339-mm
 to read as follows:
   § 339-MM. REPORTING REQUIREMENTS. 1. WHEN A BUYER AS DEFINED IN  PARA-
 GRAPH  B  OF SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-THREE OF THIS
 CHAPTER ENTERS INTO A CONTRACT TO PURCHASE A CONDOMINIUM OR  COOPERATIVE
 HOUSING UNIT, THE PROPERTY MANAGEMENT COMPANY OR BOARD OF MANAGERS SHALL
 PROVIDE  THE  BUYER WITH RECORDS OF THE MOST RECENT INSPECTION AND ENGI-
 NEERING REPORTS AND PERMITS FOR THE SUBJECT PROPERTY.
   2. ANY POTENTIAL BUYER SHALL HAVE THE RIGHT TO REQUEST A COPY  OF  THE
 MOST  RECENT INSPECTION OR ENGINEERING REPORT FOR A CONDOMINIUM OR COOP-
 ERATIVE HOUSING UNIT FROM THE PROPERTY MANAGEMENT COMPANY  OR  BOARD  OF
 MANAGERS.
   3.  ANY  INSPECTION OR ENGINEERING REPORT COMPLETED BY A CONSULTANT OR
 ENGINEER ON BEHALF OF A UNIT OWNER, THE BOARD OF MANAGERS, OR THE  PROP-
 ERTY  MANAGEMENT COMPANY FOR ANY CONDOMINIUM OR CO-OP STRUCTURE SHALL BE
 S. 7541                             3
 
 FILED WITH THE LOCAL MUNICIPAL BUILDING DEPARTMENT, LOCAL HEALTH DEPART-
 MENT OR CODE ENFORCEMENT OFFICIALS WITHIN SIXTY DAYS.
   4.  A  COPY OF ANY PERMIT GRANTED BY A LOCAL MUNICIPALITY OR THE STATE
 OF NEW YORK FOR THE CONDOMINIUM OR COOPERATIVE HOUSING PROPERTY SHALL BE
 MADE AVAILABLE BY THE PROPERTY  MANAGEMENT  COMPANY  AND  THE  BOARD  OF
 MANAGERS FOR ALL UNIT OWNERS.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Senate Bill S7541

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7541 (ACTIVE) - Details

2025-S7541 (ACTIVE) - Summary

2025-S7541 (ACTIVE) - Sponsor Memo

2025-S7541 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7541

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Sponsored By

Siela A. Bynoe

Current Bill Status - In Senate Committee Judiciary Committee

2025-S7541 (ACTIVE) - Details

2025-S7541 (ACTIVE) - Summary

2025-S7541 (ACTIVE) - Sponsor Memo

2025-S7541 (ACTIVE) - Bill Text download pdf

Comments