[HISTORY: Adopted by the Board of Trustees of the Village of Great
Neck Plaza 8-20-1986 as L.L. No. 9-1986.
Amendments noted where applicable.]
GENERAL REFERENCES
Multiple dwellings — See Ch. 140.
The Board of Trustees finds that the protection of the health, safety
and welfare of persons within the village who reside in residential buildings
being converted from rental status to cooperative or condominium ownership
requires that such persons be informed of the physical condition of such buildings
and of any outstanding notices of code violations issued with respect to such
buildings. The Board of Trustees further finds that for the health, safety
and welfare of residents of the village and for the preservation and improvement
of this substantial and increasing form of housing accommodation it is essential
that funds be set aside for the purpose of making capital repairs and improvements
to such buildings.
The provisions of this chapter shall apply to conversions from rental
to cooperative or condominium status of a building or a group of buildings
or a development for which a plan must be filed with the State Department
of Law pursuant to § 352-eee of the General Business Law.
As used in this chapter, the following words shall have the meanings
indicated:
Any building, group of buildings or development.
[Amended 9-2-1987 by L.L.
No. 12-1987]:
A buildingwide replacement of a major component of any of the following
systems: elevator; heating, ventilation and air-conditioning; plumbing; wiring;
window; roof; or asbestos removal; or
A major structural replacement in the building; provided, however, that
replacements made to cure code violations of record shall not be included.
The offeror, his nominees, assignees and successors in interest.
With respect to cooperative conversions, the number of all shares in
the offering multiplied by the last price per share which was offered to tenants
in occupancy prior to the effective date of the plan regardless of number
of sales made.
With respect to condominium conversions, the sum of the cost of all
units in the offering at the last price which was offered to tenants in occupancy
prior to the effective date of the plan regardless of number of sales made.
A.
Within 30 days after the closing of a conversion pursuant
to an offering plan the offeror shall establish and transfer to the cooperative
corporation or condominium board of managers a reserve fund to be used exclusively
for making capital repairs, replacements and improvements necessary for the
health and safety of the residents of such buildings. Such reserve fund shall
be exclusive of any other funds required to be reserved under the plan or
applicable law or regulation of the State Attorney General, except a fund
for capital repairs, replacements and improvements substantially similar in
purpose to and in an amount not less than the reserve fund mandated by this
section. Such reserve fund also shall be exclusive of any working capital
fund and shall not be subject to reduction for closing apportionments.
B.
Such fund shall be established in an amount equal to
either 3% of the total price or 3% of actual sales price of all cooperative
shares or condominium units sold by the offeror at the time the plan is declared
effective; provided, however, that if such amount is less than 1% of the total
price, then the fund shall be established as a minimum of 1% of the total
price; plus supplemental contributions to be made by the offeror at a rate
of 3% of the actual sales price of cooperative shares or condominium units
for each unit or its allocable shares held by the offeror and sold to bona
fide purchasers subsequent to the effective date of the plan and within five
years of the closing of the conversion pursuant to such plan notwithstanding
that if five years from 30 days after the closing of the conversion pursuant
to such plan the total contributions by the offeror to the fund are less than
3% of the total price, the offeror shall pay the difference between the amount
contributed and 3% of the total price. Supplemental contributions shall be
made within 30 days of each sale.
C.
The contributions required pursuant to this section may
be made earlier or in an amount greater than so provided. An offeror may claim
and receive credit against the mandatory initial contribution to the reserve
fund for the actual cost of capital replacements which he has begun after
the plan is submitted for filing to the State Department of Law and before
the plan is declared effective; provided, however, that any such replacements
must be set forth in the plan, together with their actual or estimated costs,
and further provided that such credit shall not exceed the lesser of the actual
cost of the capital replacements or 1% of the total price.
D.
Any building, construction of which was completed within
three years prior to the closing of a conversion pursuant to an offering plan,
shall be exempt from the requirements of this section.
The cooperative corporation or condominium board of managers shall report to shareholders and unit owners on a semiannual basis with respect to all deposits into and withdrawals from the reserve fund mandated by § 98-4.
The offeror, not later than the 30th day following the acceptance of
a plan for filing by the State Department of Law pursuant to § 352-eee
of the General Business Law and until the closing of the conversion pursuant
to such plan, shall post and maintain in a prominent place, accessible to
all tenants in each building covered by the plan, a listing of all violations
of record against such buildings as determined by the Department of Buildings
and the Department of Housing Preservation and Development. All newly issued
violations shall be posted within 48 hours of their issuance and maintained
as described above. The offeror may satisfy the requirements of this section
by designating an agent on the premises with whom such listing shall be made
available for inspection by the tenants.
Where, pursuant to law or regulation of the State Attorney General,
an offeror is required to file a report with the State Department of Law describing
the condition of the physical aspects of the premises to be converted and
the surrounding neighborhood, a copy of such report shall be submitted simultaneously
to the Commissioner of Buildings.
Any provision purporting to waive the provisions of this chapter in
any contract to purchase or agreement between an offeror and the cooperative
corporation or the condominium board of managers pursuant to a conversion
plan shall be void as against public policy.
A.
Except as otherwise provided in Subsection B of this section, any person who knowingly violates or assists in the violation of any section of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $100 nor more than $1,000. Except as otherwise provided in Subsection B of this section, any person who violates or assists in the violation of any section of this chapter shall be subject to a civil penalty of $100 per day per unit for each day that a building is not in compliance with the provisions of such sections; provided, however, that such civil penalty shall not exceed $1,000 per unit.
B.
Any person who knowingly violates or assists in the violation of § 98-4 shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not more than two times the amount required to be reserved by § 98-4 which was not so reserved. Any person who violates or assists in the violation of § 98-4 shall also be subject to a civil penalty of $1,000 per day for each day that the reserve fund required by § 98-4 is not established; provided, however, that such civil penalty shall not exceed the amount required to be reserved pursuant to § 98-4.
C.
In addition, any other action or proceeding in any court
of competent jurisdiction that may be appropriate or necessary for the enforcement
of the provisions of this title may be brought in the name of the village,
including actions to secure permanent injunctions enjoining any acts or practices
which constitute a violation of any provision of this chapter, mandating compliance
with the provisions of this chapter or for such other relief as may be appropriate.
In any such action or proceeding the village may apply to any court of competent
jurisdiction or to a Judge or Justice thereof for a temporary restraining
order or preliminary injunction enjoining and restraining all persons from
violating any provisions of this chapter, mandating compliance with the provisions
of this chapter or for such other relief as may be appropriate, until the
hearing and determination of such action or proceeding and the entry of final
judgment or order therein. The court or Judge or Justice thereof to whom such
application is made is hereby authorized forthwith to make any or all of the
orders above specified, as may be required in such application, with or without
notice, and to make such other or further orders or directions as may be necessary
to render the same effectual. No undertaking shall be required as a condition
of the granting or issuing of such order or by reason thereof.
D.
Nothing contained in this section shall impair any rights,
remedies or causes of action accrued or accruing to purchasers of cooperative
shares or condominium units.
E.
The Department of Housing is empowered to enforce the
provisions of this chapter.
