[Adopted 2-6-2018 by L.L. No. 3-2018]
This article shall be known as "The Timely Co-op Application Decision Law."
The purpose of this article is to require housing cooperatives to take timely action upon receipt of applications by prospective purchasers.
As used in this article, the following terms shall have the meanings indicated:
HOUSING COOPERATIVE or CO-OP
A cooperative housing corporation organized under the provisions of New York State law.
[Added 2-16-2022 by L.L. No. 4-2022[1]]
Housing cooperative applications must disclose the following information in a clear and concise manner:
A. 
All application-related timelines; and
B. 
Any minimum financial qualifications that a prospective applicant must meet to qualify.
C. 
If a housing cooperative does not have any mandatory financial qualifications under Subsection B, the housing cooperative must provide, at a minimum, the housing cooperative's preferred minimum income, total assets, and credit score and preferred debt-to-income ratio and percentage of purchase price being financed, noting that the governing board may exercise discretion in weighing factors when making its final determination on an application.
[1]
Editor's Note: This local law also renumbered former § 289-12, Timely action upon applications, as § 289-13.
A. 
Within 10 days of receipt of a completed purchase application, as set forth in its procedures, a housing cooperative shall provide an applicant with written acknowledgement of receipt of the purchase application. Upon initial or subsequent review, if the purchase application is determined to be incomplete or completed incorrectly, the housing cooperative shall notify the applicant in writing within 10 days of such determination of the deficiencies to be corrected and what is required to render the purchase application complete.
B. 
Within 45 days of receipt of a fully completed purchase application, the housing cooperative shall either reject or approve the application and provide the applicant with written notice thereof. During such forty-five-day period, the housing cooperative may reasonably request additional information, the need for which was not apparent upon the initial review.
C. 
Failure of a housing cooperative to take action on a duly completed purchase application within 45 days of receipt thereof shall result in the application automatically being deemed approved. Delays due solely to an applicant's unavailability to appear for an interview shall not be counted in the forty-five-day period.
[1]
Editor's Note: On 3-7-2020, the Governor declared a disaster emergency in the State of New York pursuant to Executive Order No. 202 to address the threat that COVID-19 poses to the health and welfare of its residents and visitors. Pursuant to Res. No. 204-2020, the Legislature of Rockland County temporarily suspends the deadlines set forth in this section. The temporary suspension of this § 289-12 will automatically be rescinded, without further action by the Legislature, on the date that the Governor declares the state of emergency to be over.
[Added 2-16-2022 by L.L. No. 4-2022[1]]
A. 
In the case of a rejection, the written notice provided by the housing cooperative to the applicant shall include sufficient detail to fully inform the applicant of the reason or reasons for rejection including, but not limited to, the reason or reasons the application did not meet the minimum financial qualifications and/or any other determinative factors.
B. 
Rejection of an applicant based on discrimination, as defined in § 261-2 of the Rockland County Fair Housing Law, is prohibited and any aggrieved person may file a claim pursuant to § 261-3 of the FHL.
C. 
Rejection of an application after failure to provide the required disclosures, pursuant to § 289-12, may constitute prima facie evidence of discrimination in a claim filed under § 261-3 of the FHL.
[1]
Editor's Note: This local law also renumbered former §§ 289-13 through 289-15 as §§ 289-15 through 289-17.
This article shall be null and void on the day that statewide or federal legislation goes into effect that incorporates either the same or substantially the same provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Rockland.
If any clause, sentence, paragraph, subdivision, section or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this article or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered.
This article shall take effect 90 days after it is filed with the New York State Secretary of State.