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
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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.