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This entry was published on 2014-09-22
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SECTION 339-EE
Effect of other laws
Real Property (RPP) CHAPTER 50, ARTICLE 9-B
§ 339-ee. Effect of other laws. 1. All units of a property which shall
be submitted to the provisions of this article shall be deemed to be
cooperative interests in realty within the meaning of section three
hundred fifty-two-e of the general business law. Article nine-A of this
chapter shall not apply to the property or any unit. Article eleven of
the tax law shall not apply to declarations or any lien for common
charges provided for in this article. Any provision of the multiple
dwelling law, the multiple residence law, or any state building
construction code as to multiple residences pursuant to the provisions
of article eighteen of the executive law, requiring registration by the
owner or other person having control of a multiple dwelling shall be
deemed satisfied in the case of a property submitted to the provisions
of this article by registration of the board of managers, such
registration to include the name of each unit owner and the designation
of his or her unit; each unit owner shall be deemed the person in
control of the unit owned by him or her, and the board of managers shall
be deemed the person in control of the common elements, for purposes of
enforcement of any such law or code, provided, however, that all other
provisions of the multiple dwelling law or multiple residence law,
otherwise applicable, shall be in full force and effect, and provided
further that in a city with a population of one million or more persons
registration required by a housing maintenance code of such city shall
be deemed satisfied in the case of a property submitted to the
provisions of this article by registration of the board of managers
which need not include the name of each unit owner and the designation
of his or her unit.

2. In the event the proceeds of a construction mortgage were applied
to construction of a unit of a condominium submitted to the provisions
of this article, or in the event that a unit submitted to the provisions
of this act was subject to a blanket mortgage whose proceeds were
applied exclusively to payment of the construction mortgage or to
capital expenditures or expenses for the development or operation of the
condominium, or to purchase of land or buildings for the condominium
provided that such purchase was no more than two years prior to the
recording of the declaration of condominium, and a mortgage recording
tax was duly paid on such construction or blanket mortgage in accordance
with article eleven of the tax law, then, as each unit is first
conveyed, there shall be allowed a credit against the mortgage recording
taxes (except the special additional mortgage recording tax imposed by
subdivision one-a of section two hundred fifty-three of the tax law)
that would otherwise be payable on a purchase money mortgage, said
credit to be in the amount resulting from the product of the purchaser's
pro rata percentage of interest in the common elements and the mortgage
tax already paid on the construction or blanket mortgage. No credit
shall be allowed under this subdivision (a) on account of the special
additional mortgage recording tax imposed by subdivision one-a of
section two hundred fifty-three of the tax law or (b) where the first
condominium unit is sold more than two years after the construction or
blanket mortgage was recorded.

3. Unless specifically exempted by a provision of this article, all
property subject to the provisions of this article shall continue to be
subject to all laws, rules and resolutions adopted by any county, city,
town or village for the health, safety and welfare of its inhabitants or
for regulation of the use of real property. Every county, city, town and
village shall continue to have all enforcement powers created by such
laws, rules or resolutions or the enabling acts of such laws, rules and
resolutions and may exercise those enforcement powers against any
violation involving property subject to the provisions of this article.

4. Any estimate of tax liability required by any rule adopted pursuant
to this article shall not be binding upon any municipality or public
official and any document containing such an estimate shall contain a
notice to that effect.