NY State Senate Bill 2011-S428

Senate Bill S428

2011-2012 Legislative Session

Relates to the right of tenant association to have the first option to purchase a housing unit

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Archive: Last Bill Status - In Senate Committee Rules 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
Mar 12, 2012	committee discharged and committed to rules
Feb 21, 2012	notice of committee consideration - requested
Jan 04, 2012	referred to housing, construction and community development
Jan 05, 2011	referred to housing, construction and community development

co-Sponsors

2011-S428 (ACTIVE) - Details

See Assembly Version of this Bill:: A1841
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Add Art 2-A §§38 - 38-l, Priv Hous Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3852, A9974, A861
2013-2014: S3155, A6583
2015-2016: S2779, A1067
2017-2018: S5836, A5006
2019-2020: S1922, A740
2021-2022: S495, A2221
2023-2024: S133, A1221
2025-2026: S107

2011-S428 (ACTIVE) - Summary

Relates to the right of tenant association to have the first option to purchase a housing unit.

2011-S428 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S428

TITLE OF BILL:

An act
to amend the private housing finance law, in relation to right of first
refusal

PURPOSE OR GENERAL IDEA OF BILL:

To protect Mitchell-Lama and Project Based Section 8 Programs by
providing the first opportunity to buy the building to tenants
residing in the building.

SUMMARY OF SPECIFIC PROVISIONS:

The private housing finance law is amended by adding a new article
2-A, Section 38. Terms are defined including "right of first refusal"
which means the right of a tenant association or a qualified entity
to purchase a Mitchell-Lama or a Project Based section 8 Program
property.
This measure would require notification by the owner to each tenant
and to the division that the owner will act to convert the assisted
rental housing. Such notice shall be made no less than twelve months
prior to the owner taking any action, and contain specific
information related to the property and its ownership.

This bill requires that an owner who receives an offer to purchase the
property must provide, within 15 days, the terms and conditions of
the offer to the tenant's association or each individual tenant. In
the event the prospective purchaser agrees to maintain the housing as
affordable, the owner does not need to notify tenants.

In relation to value of the property, the division will convene an
advisory panel to determine the appraised value of the housing, and
promulgate rules for the timely determination of the appraised value.
The bill provides for the tenant or tenant's association to notify
the owner of their intent to exercise their right of first refusal.

When a conversion occurs the current tenant (s) shall remain in their
prospective dwelling units for six months from the date of the
conversion or until the tenant's lease expires. With agreement of the
tenant or tenants the new owner shall relocate tenant(s) to
comparable units with comparable rents in accordance to procedures
established by the division.

An owner in violation of this article is liable for a civil penalty of
five thousand dollars per month per dwelling with total civil
penalties not to exceed $100,000 per dwelling unit. This legislation
shall not effect existing agreements or the purchase by a
governmental entity
utilizing the powers of eminent domain, bankruptcy proceedings, or the
judicially supervised sale or transfer of the property. Judicial
review is available for persons aggrieved by an appraisal
determination.


JUSTIFICATION:

New York State is facing an affordable housing crisis that is
widespread and diverse. Few problems facing our state are more
critical than New York's severe shortage of safe, decent, and
affordable homes. During much of the last century, New York state was
a national leader in the creation of affordable housing and the
protection of tenants' rights.

In the 1950s, the state enacted the extremely successful Mitchell-Lama
program which created more than 150,000 homes across New York that
were affordable to middle income families. The Mitchell-Lama housing
program was created in 1955, with new developments continuing to be
built into the mid-1970's under a mix of state, local and federal
funding. Low interest loans covering up to 95% of all development
costs were made available to developers. The developments came with
20-, 30- or 40-year life-spans, after which these developments could
be privatized. The landlords would give up tax incentives in favor of
market rate rents.
New York state also has a large number of project-based Section 8
units which house hundreds of thousands of low-income tenants across
the state. The federal Section 8 rent subsidy program was created by
the U.S. Congress in 1974, and requires low-income tenants to pay 30
percent of their income for rent, and additional monies are paid to
the landlord by the government. Mitchell-Lama and Section 8
affordable housing units are found throughout New York State,
including New York city, Buffalo, Albany, Rochester, Syracuse,
Westchester and Nassau counties.

There has been a huge loss of Mitchell-Lama stock, where over 65,000
units across the state have already been lost and there are
potentially dozens of units that have either initiated or begun the
buyout process. New York city, in particular, is facing a heavy loss
of its rental units where over 40% of the overall stock has exited
the program since 1990.
New York State has also already lost over 10,000 units of
project-based section 8. Tenants have few protections if an owner
decides to opt out.
While a building leaving a program will convert to enhanced or sticky
vouchers, tenants must apply for these vouchers which are not
automatic or guaranteed. Family size and housing quality standards
exist that can make a tenant ineligible to remain in their home and,
force the use of a standard voucher that has a reduced value when not
used in the building.

Faced with an increasing crisis of buyouts and opt-outs in most of its
communities, in 2005, New York city passed Local Law 79, which
protected Mitchell-Lama and Section 8 tenants'
"right-of-first-refusal". However, that law did not withstand
court challenges from the Real Estate Board of New York, and was
struck down in April 2007 on the basis that the city has no
jurisdiction over State law. In the state Supreme Court's decision,
the Court issued a clear directive to the state Legislature. Not only
does the Legislature have the authority to enact such a measure, it
also has the duty to provide this protection to tenants.
"Whether it be by creating a right of first refusal or by extending
rent stabilization, the State Legislature may well have the ability


to protect low and middle-income residents of Mitchell-Lama
buildings, as it has done in the past. In failing to do so, or to
permit the city of
the New York to do so, the State Legislature has failed the residents
of the City of New York. The recent sales and proposed sales of major
assisted rental housing complexes in this City and the likely
devastating impact of those sales on low and moderate-income
residents of New York may and should function as s wake-up call for
the need for immediate action by the State."

By providing for a right of first refusal, New York State will have
the necessary statutory framework needed to preserve affordable
subsidized housing. Several other states, including Rhode Island,
Maine, Texas and Illinois have adopted right of first refusal and
right to purchase laws.
New York State should once again become a national leader, as it once
was, in providing for progressive housing laws and tenant protections.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

2011-S428 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   428

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sens. KRUEGER, DUANE, HUNTLEY, STAVISKY -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Housing, Construction and Community Development

AN ACT to amend the private housing finance law, in relation to right of
  first refusal

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The private housing finance law is amended by adding a  new
article 2-A to read as follows:
                              ARTICLE II-A
                         RIGHT OF FIRST REFUSAL
SECTION 38.   DEFINITIONS.
        38-A. NOTIFICATION OF IMPENDING CONVERSION.
        38-B. NOTIFICATION OF BONA FIDE OFFER TO PURCHASE.
        38-C. APPRAISAL DETERMINATION.
        38-D. RIGHT OF FIRST REFUSAL.
        38-E. FIRST OPPORTUNITY TO PURCHASE.
        38-F. PRIOR NOTIFICATION.
        38-G. LONG TERM AFFORDABILITY.
        38-H. RIGHT OF TRANSFER.
        38-I. CONVERSION OF PROPERTY.
        38-J. PENALTY.
        38-K. EXCLUSIONS.
        38-L. JUDICIAL REVIEW.
  S  38.  DEFINITIONS.  FOR  THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
  1. "AFFORDABLE" SHALL MEAN THAT RENTAL EXPENSES FOR DWELLING UNITS  DO
NOT  EXCEED  THIRTY  PERCENT OF THE ANNUAL GROSS HOUSEHOLD INCOME OF THE
EXISTING TENANTS, AND/OR WHERE RENTAL EXPENSES DO NOT  EXCEED  THE  RENT
LEVELS  ALLOWABLE  PURSUANT  TO THE RENT RESTRICTIONS APPLICABLE TO SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD01772-01-1

S. 428                              2

DWELLING UNITS PRIOR TO CONVERSION, PROVIDED HOWEVER THAT DWELLING UNITS
WHICH BECOME VACANT IN ASSISTED RENTAL HOUSING SHOULD NOT BE  RENTED  TO
HOUSEHOLDS WHOSE INCOME EXCEEDS EIGHTY PERCENT OF THE NEW YORK METROPOL-
ITAN AREA MEDIAN INCOME AS DETERMINED BY THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT.
  2.  "APPRAISED VALUE" SHALL MEAN THE VALUE AS DETERMINED BY A MAJORITY
VOTE OF AN ADVISORY PANEL OF THREE APPRAISERS  WHO  SHALL  PERFORM  SUCH
APPRAISAL  IN  ACCORDANCE  WITH  THE  AMERICAN ARBITRATION ASSOCIATION'S
RULES FOR THE REAL ESTATE INDUSTRY.
  3. "ASSISTED RENTAL HOUSING" SHALL  MEAN  A  PRIVATELY-OWNED  MULTIPLE
DWELLING  OR GROUP OF MULTIPLE DWELLING UNITS MANAGED TOGETHER UNDER THE
SAME OWNERSHIP IN WHICH THE  MAJORITY  OF  DWELLING  UNITS  THEREIN  ARE
SUBJECT TO FEDERAL, STATE OR CITY INCOME ELIGIBILITY RESTRICTIONS AND IN
WHICH  RENTS  FOR  SUCH  DWELLING  UNITS  ARE  CONTROLLED,  REGULATED OR
ASSISTED BY A FEDERAL, STATE OR CITY AGENCY  PURSUANT  TO  A  REGULATORY
AGREEMENT  OR RENTAL ASSISTANCE AGREEMENT DESIGNED TO MAKE SUCH DWELLING
UNITS AFFORDABLE ON A PROJECT-BASED  BASIS.    ASSISTED  RENTAL  HOUSING
PROGRAMS SHALL INCLUDE:
  (A) ANY PROGRAM CREATED, ADMINISTERED, OR SUPERVISED BY A MUNICIPALITY
OR STATE UNDER ARTICLE TWO OR ARTICLE FOUR OF THIS CHAPTER.
  (B) ANY PROGRAM PROVIDING PROJECT-BASED ASSISTANCE UNDER SECTION EIGHT
OF THE UNITED STATES HOUSING ACT OF 1937, AS IT MAY BE AMENDED FROM TIME
TO TIME; AND
  (C)  HOUSING  PROGRAMS GOVERNED BY SECTION 202, 207, 221, 232, 236, OR
811 OF THE NATIONAL HOUSING ACT, (12 U.S.C. 1701 ET SEQ.), AS  THEY  MAY
BE AMENDED FROM TIME TO TIME.
  4.  "BONA  FIDE  PURCHASER"  SHALL  MEAN  A  PERSON OR ENTITY THAT HAS
TENDERED A BONA FIDE OFFER TO PURCHASE THE ASSISTED RENTAL HOUSING.
  5. "BONA FIDE OFFER TO PURCHASE" SHALL MEAN A GOOD FAITH  AND  WITHOUT
FRAUD  OFFER,  MADE  IN  WRITING  AND  APPROVED  BY THE DIVISION THAT IS
TENDERED BY A BONA FIDE PURCHASER NO LATER THAN ONE HUNDRED TWENTY  DAYS
AFTER  AN APPRAISAL PERFORMED PURSUANT TO SECTION THIRTY-EIGHT-C OF THIS
ARTICLE, AND THAT IS NON-BINDING ON THE OWNER WITH INTENT TO CONVERT.
  6. "CONVERSION" OR "CONVERT" SHALL MEAN THE TRANSFER OF  TITLE,  LEAS-
ING,  INTENTION  TO SELL OR LEASE, MORTGAGE PRE-PAYMENT, WITHDRAWAL FROM
AN ASSISTED HOUSING PROGRAM, DECISION NOT TO  EXTEND  OR  RENEW  PARTIC-
IPATION IN THE PROGRAM OR ANY OTHER ACTION TAKEN BY THE OWNER THAT WOULD
RESULT  IN THE TERMINATION OF PARTICIPATION BY THE OWNER IN THE ASSISTED
RENTAL HOUSING PROGRAM.
  7. "HOUSEHOLD" SHALL MEAN ALL LAWFUL OCCUPANTS OF ANY DWELLING UNIT.
  8. "HOUSEHOLD INCOME" SHALL MEAN, FOR ANY HOUSEHOLD, THE  SUM  OF  THE
AMOUNT  REPORTED  SEPARATELY  IN THE MOST RECENT INDIVIDUAL OR JOINT TAX
RETURN FOR WAGE OR SALARY INCOME, NET  SELF-EMPLOYED  INCOME,  INTEREST,
DIVIDENDS, RENT RECEIVED, ROYALTIES, SOCIAL SECURITY OR RAILROAD RETIRE-
MENT  BENEFITS  OR  DISABILITY  BENEFITS  AND  ALL OTHER INCOME FOR EACH
MEMBER OF THE HOUSEHOLD REPORTED ON A TAX RETURN.
  9. "DIVISION" SHALL MEAN THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
OR SUCCESSOR AGENCY.
  10.   "FINANCIAL ASSISTANCE" SHALL MEAN ANY  BENEFITS  RECEIVED  AS  A
RESULT  OF  AN  ASSISTED  RENTAL  HOUSING  PROGRAM  THAT ACT TO MAINTAIN
AFFORDABLE RENTS IN THE ASSISTED RENTAL HOUSING.
  11. "FIRST OPPORTUNITY TO PURCHASE" SHALL MEAN THE  OPPORTUNITY  BY  A
TENANT ASSOCIATION, OR IF APPLICABLE, A QUALIFIED ENTITY, TO PURCHASE IN
GOOD FAITH AND WITHOUT FRAUD THE ASSISTED RENTAL HOUSING AT OR BELOW ITS
APPRAISED  VALUE  BEFORE SUCH ASSISTED RENTAL HOUSING BECOMES SUBJECT TO
CONVERSION.

S. 428                              3

  12. "NOTICE" SHALL MEAN A WRITTEN COMMUNICATION ADDRESSED TO A  TENANT
ASSOCIATION,  OR  IF NO TENANT ASSOCIATION EXISTS, TO EACH TENANT, OR IF
APPLICABLE, TO A QUALIFIED ENTITY, BY MEANS OF FIRST  CLASS  AND  REGIS-
TERED  MAIL,  OR  PERSONAL  DELIVERY UPON A TENANT ASSOCIATION, OR IF NO
TENANT  ASSOCIATION EXISTS, UPON EACH TENANT, OR IF APPLICABLE, A QUALI-
FIED ENTITY. EACH SUCH NOTICE SHALL BE DEEMED TO HAVE  BEEN  GIVEN  UPON
THE  DEPOSIT  OF  SUCH FIRST CLASS AND REGISTERED MAIL IN THE CUSTODY OF
THE UNITED STATES POSTAL SERVICE OR UPON RECEIPT OF  PERSONAL  DELIVERY,
AND BY POSTING OF SUCH NOTICE IN THE COMMON AREAS OF THE ASSISTED RENTAL
HOUSING.
  13.  "OWNER"  SHALL  MEAN ANY PERSON OR ENTITY, OR COMBINATION OF SUCH
PERSONS OR ENTITIES, OR ANY AGENT OF SUCH PERSONS OR ENTITIES, THAT  HAS
A  CONTROLLING  INTEREST  IN  ASSISTED RENTAL HOUSING THAT IS SUBJECT TO
CONVERSION.
  14. "QUALIFIED ENTITY" SHALL MEAN ANY INDIVIDUAL, PARTNERSHIP, LIMITED
LIABILITY PARTNERSHIP,  LIMITED  LIABILITY  CORPORATION,  NOT-FOR-PROFIT
CORPORATION  OR  BUSINESS  CORPORATION, OR OTHER ENTITY AUTHORIZED TO DO
BUSINESS IN NEW YORK STATE AND EXPERIENCED IN THE MANAGEMENT OF AFFORDA-
BLE HOUSING, DESIGNATED BY  THE  TENANTS  RESIDING  IN  AT  LEAST  SIXTY
PERCENT  OF  THE OCCUPIED DWELLING UNITS WITHIN THE SAME ASSISTED RENTAL
HOUSING TO ACT ON ITS BEHALF PURSUANT TO SECTION THIRTY-EIGHT-H OF  THIS
ARTICLE  AND  APPROVED  IN  WRITING  BY THE DIVISION AND WHICH OBLIGATES
ITSELF AND ANY SUCCESSORS IN INTEREST TO ASSUME THE ONGOING RESPONSIBIL-
ITY OF CONTINUING MAINTENANCE AND OPERATION OF THE ASSISTED RENTAL HOUS-
ING AS AFFORDABLE FOR THE DURATION OF THE HOUSING'S USEFUL LIFE  AND  IN
ACCORDANCE WITH THE PURPOSES OF THIS ARTICLE.
  15.  "RIGHT OF FIRST REFUSAL" SHALL MEAN THE RIGHT OF A TENANT ASSOCI-
ATION, OR IF APPLICABLE, A QUALIFIED ENTITY, TO SUBMIT A GOOD FAITH  AND
WITHOUT  FRAUD  OFFER, IN WRITING TO THE OWNER TO PURCHASE THE HIGHER OF
THE ASSISTED RENTAL HOUSING'S APPRAISED VALUE OR  THE  IDENTICAL  PRICE,
TERMS AND CONDITIONS OFFERED BY A BONA FIDE PURCHASER AS APPROVED BY THE
DIVISION.
  16.  "TENANT" SHALL MEAN A LAWFUL OCCUPANT WHO RESIDES WITHIN A DWELL-
ING UNIT WITHIN SUCH ASSISTED RENTAL HOUSING PURSUANT TO LAW OR A  LEASE
RECOGNIZED  BY  EITHER  THE  OWNER  OF SUCH ASSISTED RENTAL HOUSING, THE
DIVISION OR A COURT OF COMPETENT JURISDICTION.
  17. "TENANT ASSOCIATION" SHALL MEAN AN ASSOCIATION,  WHETHER  INCORPO-
RATED  OR NOT, FOR WHICH WRITTEN CONSENT TO FORMING A TENANT ASSOCIATION
HAS BEEN GIVEN BY TENANTS REPRESENTING AT LEAST  SIXTY  PERCENT  OF  THE
OCCUPIED  DWELLING  UNITS  WITHIN  THE SAME ASSISTED RENTAL HOUSING, AND
WHICH ASSOCIATION NOTIFIES OR HAS NOTIFIED THE  OWNER  OF  THE  ASSISTED
RENTAL  HOUSING  AND  THE DIVISION OF ITS EXISTENCE OR ESTABLISHMENT AND
HAS PROVIDED TO SUCH OWNER AND THE DIVISION THE NAMES AND  ADDRESSES  OF
AT  LEAST  TWO  OF  THE OFFICERS OR REPRESENTATIVES OF SUCH ASSOCIATION.
WHERE MORE THAN ONE GROUP OF TENANTS IN THE SAME ASSISTED RENTAL HOUSING
CLAIMS TO BE THE TENANT ASSOCIATION FOR SUCH  ASSISTED  RENTAL  HOUSING,
THE  DIVISION SHALL DETERMINE WHICH GROUP, IF ANY, IS THE TENANT ASSOCI-
ATION FOR THE PURPOSES OF THIS ARTICLE IN THE SAME MANNER AS  THE  DIVI-
SION  CERTIFIES  A TENANT ASSOCIATION FOR THE PURPOSES OF ARTICLE TWO OF
THIS CHAPTER.
  S 38-A. NOTIFICATION OF  IMPENDING  CONVERSION.  1.  NOTICE  SHALL  BE
PROVIDED BY THE OWNER TO THE TENANT ASSOCIATION, OR IF NO TENANT ASSOCI-
ATION  EXISTS,  TO  EACH TENANT, AND TO THE DIVISION OF THE INTENTION OF
THE OWNER TO TAKE ANY ACTION THAT WILL RESULT IN THE CONVERSION  OF  THE
ASSISTED RENTAL HOUSING.

S. 428                              4

  2.  SUCH  NOTICE SHALL BE PROVIDED NO LESS THAN TWELVE MONTHS PRIOR TO
THE TAKING OF SUCH ACTION BY THE OWNER. SUCH NOTICE  SHALL  INCLUDE  THE
FOLLOWING INFORMATION:
  (A) THE NAME AND ADDRESS OF EACH OWNER OF THE ASSISTED RENTAL HOUSING.
FOR  ANY OWNER THAT IS A CORPORATION, THE NOTICE SHALL CONTAIN THE NAMES
AND ADDRESSES OF THE OFFICERS AND DIRECTORS OF THE  CORPORATION  AND  OF
ANY  PERSON  DIRECTLY OR INDIRECTLY HOLDING MORE THAN TEN PERCENT OF ANY
CLASS OF THE OUTSTANDING STOCK OF THE CORPORATION. FOR ANY OWNER THAT IS
A PARTNERSHIP OR JOINT VENTURE, THE NOTICE SHALL CONTAIN  THE  NAME  AND
ADDRESS  OF  EACH  INDIVIDUAL WHO IS A PRINCIPAL OR EXERCISES CONTROL OF
SUCH ENTITIES;
  (B) THE ADDRESS AND/OR ADDRESSES AND THE  NAME  AND/OR  NAMES  OF  THE
ASSISTED RENTAL HOUSING AND THE TYPE OF PROGRAM OR PROGRAMS TO WHICH THE
ASSISTED RENTAL HOUSING IS SUBJECT;
  (C)  THE NATURE OF THE ACTION THAT THE OWNER INTENDS TO TAKE THAT WILL
RESULT IN A CONVERSION;
  (D) THE DATE ON WHICH SUCH  ACTION  RESULTING  IN  THE  CONVERSION  IS
ANTICIPATED TO TAKE PLACE;
  (E)  THE  PROVISION  OF LAW, RULE OR REGULATION PURSUANT TO WHICH SUCH
ACTION IS AUTHORIZED;
  (F) THE TOTAL NUMBER AND TYPE OF DWELLING UNITS SUBJECT TO  A  CONVER-
SION;
  (G)  THE  CURRENT  RENT  SCHEDULE FOR THE DWELLING UNITS ALONG WITH AN
ESTIMATION OF THE RENT INCREASES ANTICIPATED UPON CONVERSION;
  (H) THE INCOME AND EXPENSE REPORT FOR THE TWELVE-MONTH PERIOD PRIOR TO
THE NOTICE INCLUDING CAPITAL IMPROVEMENTS, REAL PROPERTY TAXES AND OTHER
MUNICIPAL CHARGES;
  (I) THE AMOUNT OF THE OUTSTANDING MORTGAGE  AS  OF  THE  DATE  OF  THE
NOTICE;
  (J)  THE  TWO  MOST  RECENT  INSPECTION  REPORTS  FROM THE REAL ESTATE
ASSESSMENT CENTER OF THE UNITED STATES DEPARTMENT OF HOUSING  AND  URBAN
DEVELOPMENT, FOR THE ASSISTED RENTAL HOUSING OR GROUP OF MULTIPLE DWELL-
ING  UNITS  OPERATED  TOGETHER  UNDER  THE SAME OWNERSHIP FOR WHICH SUCH
INSPECTION REPORTS ARE REQUIRED, OR, THE REPORTS OF THE TWO MOST  RECENT
COMPREHENSIVE  BUILDING-WIDE  INSPECTION  REPORTS  THAT  MAY  HAVE  BEEN
CONDUCTED BY THE DIVISION;
  (K) A STATEMENT OF NOTICE IN A MANNER APPROVED BY THE  DIVISION  WHICH
ADVISES  A  TENANT  ASSOCIATION,  OR  IF  NO  TENANT ASSOCIATION EXISTS,
ADVISES EACH TENANT, OF THE FIRST OPPORTUNITY TO PURCHASE AS REQUIRED BY
SECTION THIRTY-EIGHT-E OF  THIS  ARTICLE,  OR  OF  THE  RIGHT  OF  FIRST
REFUSAL, AS REQUIRED BY SECTION THIRTY-EIGHT-D OF THIS ARTICLE; AND
  (L) SUCH OTHER INFORMATION THE DIVISION MAY REQUIRE.
  3.  DURING THE TWELVE-MONTH NOTIFICATION PERIOD PROVIDED FOR IN SUBDI-
VISION TWO OF THIS SECTION THE OWNER MAY NOT SELL OR  CONTRACT  TO  SELL
THE  ASSISTED  RENTAL  HOUSING,  BUT MAY ENGAGE IN SUCH DISCUSSIONS WITH
OTHER INTERESTED PARTIES.
  4. NOTICE SHALL NOT BE REQUIRED OF AN OWNER WHO  INTENDS  TO  MAINTAIN
THE PROPERTY AS ASSISTED RENTAL HOUSING OR INTENDS TO TRANSFER, LEASE OR
REFINANCE  A  MORTGAGE  IN  ORDER  TO  MAINTAIN THE PROPERTY AS ASSISTED
RENTAL HOUSING.
  5. WHERE AN OWNER DECIDES NOT TO CONVERT THE ASSISTED  RENTAL  HOUSING
PROGRAM,  SUCH OWNER MAY WITHDRAW THE NOTICE OF INTENTION TO CONVERT THE
ASSISTED RENTAL HOUSING PROGRAM, SUBJECT TO THE TERMS  OF  ANY  ACCEPTED
OFFER TO PURCHASE OR EXECUTED PURCHASE AND SALE AGREEMENT, AND TO EXIST-
ING  STATUTORY  AND  COMMON LAW REMEDIES. IN SUCH EVENT, THE OWNER SHALL
GIVE NOTICE TO THE TENANT  ASSOCIATION,  OR  IF  NO  TENANT  ASSOCIATION

S. 428                              5

EXISTS,  TO EACH TENANT, OR IF APPLICABLE, TO A QUALIFIED ENTITY, AND TO
THE DIVISION. HOWEVER, SHOULD THE OWNER AT ANY TIME DECIDE  TO  TAKE  AN
ACTION THAT WILL RESULT IN CONVERSION, THE TWELVE-MONTH NOTICE PERIOD OF
THIS  SECTION AS WELL AS ALL OTHER APPLICABLE REQUIREMENTS OF THIS ARTI-
CLE SHALL BE COMPLIED WITH.
  6. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SECTION, IF ANY APPLI-
CABLE SUPERVENING STATUTE OR PROGRAM HAS A NOTICE  REQUIREMENT  SUBSTAN-
TIALLY  SIMILAR  TO  ANY  NOTICE  REQUIREMENT  OF THIS SECTION, THEN THE
NOTICE REQUIREMENT UNDER THIS SECTION SHALL BE THAT OF  THE  SUPERVENING
STATUTE OR PROGRAM.
  7.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  THIS  SECTION, IF THE
NOTICES REQUIRED BY  THIS  SECTION  REQUIRE  MORE  INFORMATION  THAN  IS
REQUIRED BY ANY APPLICABLE SUPERVENING CITY, STATE OR FEDERAL STATUTE OR
PROGRAM,  THEN  SUCH ADDITIONAL INFORMATION SHALL BE PROVIDED WITHIN THE
TIME PERIOD ESTABLISHED BY THE SUPERVENING STATUTE OR PROGRAM.
  S 38-B. NOTIFICATION OF BONA FIDE OFFER TO PURCHASE. 1. IF  THE  OWNER
RECEIVES  A  BONA  FIDE  OFFER  TO  PURCHASE AND INTENDS TO CONSIDER, OR
RESPOND TO SUCH BONA FIDE  OFFER  TO  PURCHASE,  THEN  NOTICE  SHALL  BE
PROVIDED  BY  THE OWNER TO A TENANT ASSOCIATION, OR IF NO TENANT ASSOCI-
ATION EXISTS, TO EACH TENANT, OR IF APPLICABLE, A QUALIFIED ENTITY,  AND
THE  DIVISION,  NO  MORE  THAN FIFTEEN DAYS FROM THE DATE THAT SUCH BONA
FIDE OFFER TO PURCHASE IS DELIVERED TO  THE  OWNER.  SUCH  NOTICE  SHALL
CONTAIN THE FOLLOWING INFORMATION:
  (A) THE NAME AND ADDRESS OF THE PROPOSED BONA FIDE PURCHASER; AND
  (B) THE PRICE AND TERMS AND CONDITIONS OF THE OFFER.
  2.  THE  OWNER  SHALL  NOT BE REQUIRED TO PROVIDE NOTICE IN ACCORDANCE
WITH SUBDIVISION ONE OF THIS SECTION IF THE BONA FIDE  PURCHASER  MAKING
THE  OFFER AGREES TO MAINTAIN THE ASSISTED RENTAL HOUSING AS AFFORDABLE.
THE BONA FIDE PURCHASER SHALL BE REQUIRED TO INFORM THE DIVISION  AS  TO
HOW SUCH BONA FIDE PURCHASER INTENDS TO KEEP THE ASSISTED RENTAL HOUSING
AS AFFORDABLE.
  S  38-C.  APPRAISAL  DETERMINATION.  1.  THE DIVISION SHALL CONVENE AN
ADVISORY PANEL, WHICH ADVISORY PANEL SHALL DETERMINE THE APPRAISED VALUE
OF THE ASSISTED RENTAL HOUSING WITHIN THIRTY DAYS OF  A  TENANT  ASSOCI-
ATION'S,  OR IF APPLICABLE, A QUALIFIED ENTITY'S NOTICE TO THE OWNER AND
THE DIVISION PURSUANT TO SUBDIVISION ONE OF  SECTION  THIRTY-EIGHT-D  OR
SUBDIVISION ONE OF SECTION THIRTY-EIGHT-E OF THIS ARTICLE.
  2.  THE  ADVISORY PANEL SHALL CONSIST OF ONE APPRAISER SELECTED BY THE
OWNER, ONE APPRAISER SELECTED BY THE TENANT ASSOCIATION, OR IF  APPLICA-
BLE,  A  QUALIFIED  ENTITY,  AND  ONE APPRAISER TO BE SELECTED EITHER BY
MUTUAL AGREEMENT BETWEEN THE OWNER AND  THE  TENANT  ASSOCIATION  OR  IF
APPLICABLE,  A  QUALIFIED  ENTITY,  OR  BY  MUTUAL AGREEMENT BETWEEN THE
APPRAISER THAT WAS SELECTED BY THE OWNER AND THE APPRAISER  SELECTED  BY
THE  TENANT  ASSOCIATION,  OR IF APPLICABLE, A QUALIFIED ENTITY, IF SUCH
CONDITION IS DEEMED ACCEPTABLE TO THE OWNER AND THE TENANTS ASSOCIATION,
OR IF APPLICABLE, A QUALIFIED ENTITY, AND IS  AGREED  UPON  IN  WRITING,
EXCEPT THAT IN THE CASE OF WHERE THERE IS NO AGREEMENT BETWEEN THE OWNER
AND  THE  TENANT  ASSOCIATION,  OR IF APPLICABLE, A QUALIFIED ENTITY, OR
BETWEEN THE APPRAISER THAT WAS SELECTED BY THE OWNER AND  THE  APPRAISER
SELECTED  BY THE TENANT ASSOCIATION, OR IF APPLICABLE, A QUALIFIED ENTI-
TY, THEN THE APPRAISER WILL BE SELECTED BY THE DIVISION.  THE  COST  FOR
THE  APPRAISER  SHALL  BE  BORNE  BY THE PARTY RESPONSIBLE FOR PROVIDING
SUCH APPRAISER. HOWEVER,  WHERE  THE  DIVISION  MUST  SELECT  THE  THIRD
APPRAISER,  THE  COST  FOR  SUCH APPRAISER SHALL BE EQUALLY BORNE BY THE
OWNER AND THE TENANT ASSOCIATION, OR IF APPLICABLE, A QUALIFIED ENTITY.

S. 428                              6

  3. NOTICE SHALL BE PROVIDED BY THE  DIVISION  TO  THE  OWNER  AND  THE
TENANT  ASSOCIATION,  OR IF APPLICABLE, A QUALIFIED ENTITY, FIFTEEN DAYS
BEFORE THE INTENDED DATE THAT SUCH ADVISORY PANEL  IS  TO  INITIATE  THE
PERFORMANCE  OF  THE  APPRAISAL.  IN  THE INSTANCE WHEN EITHER THE OWNER
FAILS TO PROVIDE AN APPRAISER WITHIN FIFTEEN DAYS OF SUCH NOTICE OR WHEN
THE  TENANT  ASSOCIATION, OR IF APPLICABLE, A QUALIFIED ENTITY, FAILS TO
PROVIDE AN APPRAISER WITHIN FIFTEEN DAYS OF SUCH NOTICE THEN  THE  DIVI-
SION  SHALL  SELECT THE APPRAISER ON BEHALF OF THE PARTY OR PARTIES THAT
FAILED TO SELECT AN APPRAISER. IN SUCH CIRCUMSTANCE, THE  COST  FOR  THE
APPRAISER SELECTED BY THE DIVISION SHALL BE BORNE BY THE PARTY RESPONSI-
BLE FOR PROVIDING THAT APPRAISER.
  4. THE DIVISION SHALL PROMULGATE RULES FOR THE TIMELY DETERMINATION OF
THE  APPRAISED  VALUE  AND THAT SUCH RULES ARE TO BE CONSISTENT WITH THE
NOTICE REQUIREMENTS MANDATED UNDER THIS CHAPTER. THE DIVISION SHALL MAKE
SUCH APPRAISED VALUE PUBLICLY AVAILABLE WITHIN  FIFTEEN  DAYS  FROM  THE
DATE OF SUCH ADVISORY PANEL'S DETERMINATION.
  5.  IN  THE INSTANCE WHERE THE OWNER AND THE TENANT ASSOCIATION, OR IF
APPLICABLE, A QUALIFIED ENTITY, HAVE MUTUALLY AGREED UPON  AN  APPRAISED
VALUE  FOR  THE  ASSISTED  RENTAL  HOUSING PRIOR TO THE CONVENING OF THE
ADVISORY PANEL, THE OWNER AND THE TENANT ASSOCIATION, OR IF  APPLICABLE,
A  QUALIFIED  ENTITY,  MAY IN WRITING APPLY TO THE DIVISION FOR A WAIVER
FROM SUBDIVISIONS ONE THROUGH FOUR OF THIS SECTION. THE  DIVISION  SHALL
MAKE  A  DETERMINATION UPON SUCH APPLICATION FOR A WAIVER WITHIN FIFTEEN
DAYS FROM RECEIPT OF SUCH APPLICATION.
  S 38-D. RIGHT OF FIRST REFUSAL. 1. A TENANT ASSOCIATION, OR IF  APPLI-
CABLE,  A  QUALIFIED  ENTITY, SHALL NOTIFY THE OWNER AND THE DIVISION IN
WRITING OF ITS INTENT TO EXERCISE ITS  RIGHT  OF  FIRST  REFUSAL  WITHIN
SIXTY DAYS FROM RECEIPT OF NOTICE FROM THE OWNER PURSUANT TO SUBDIVISION
ONE OF SECTION THIRTY-EIGHT-A OF THIS ARTICLE.
  2.  THE  TENANT  ASSOCIATION,  OR  IF  APPLICABLE, A QUALIFIED ENTITY,
FOLLOWING NOTICE BY THE OWNER IN  COMPLIANCE  WITH  SUBDIVISION  ONE  OF
SECTION  THIRTY-EIGHT-A  OF  THIS ARTICLE, SHALL HAVE ONE HUNDRED TWENTY
DAYS FROM THE DATE OF THE NOTICE OF THE DETERMINATION OF  THE  APPRAISED
VALUE TO SUBMIT ITS OFFER TO PURCHASE.
  3.  THE  TENANT  ASSOCIATION,  OR  IF  APPLICABLE  A QUALIFIED ENTITY,
FOLLOWING NOTICE BY THE OWNER IN  COMPLIANCE  WITH  SUBDIVISION  ONE  OF
SECTION  THIRTY-EIGHT-B  OF  THIS ARTICLE, SHALL HAVE ONE HUNDRED TWENTY
DAYS FROM THE DATE OF A BONA FIDE OFFER TO PURCHASE TO SUBMIT ITS  OFFER
TO PURCHASE.
  4.  IF  THROUGH  NO FAULT OF A TENANT ASSOCIATION, OR IF APPLICABLE, A
QUALIFIED ENTITY, OR THE OWNER, THE TIME PERIODS PROVIDED FOR IN  SUBDI-
VISION  TWO OR THREE OF THIS SECTION NEED TO BE EXTENDED, THEN SUCH TIME
PERIODS MAY BE EXTENDED BY THE DIVISION. SHOULD  SUCH  TIME  PERIODS  BE
EXTENDED  PAST  THE  NOTICE  PERIOD  PROVIDED  FOR IN SUBDIVISION ONE OF
SECTION THIRTY-EIGHT-A OF THIS  ARTICLE,  THEN  THE  PROVISIONS  OF  THE
APPLICABLE  ASSISTED  RENTAL  HOUSING PROGRAM SHALL REMAIN IN FULL FORCE
AND EFFECT TO THE EXTENT PERMITTED BY LAW.
  5. UNLESS THE OWNER AND A TENANT  ASSOCIATION,  OR  IF  APPLICABLE,  A
QUALIFIED  ENTITY, OTHERWISE AGREE TO PURCHASE THE ASSISTED RENTAL HOUS-
ING BELOW ITS APPRAISED VALUE, THE OWNER SHALL SELL SUCH ASSISTED RENTAL
HOUSING AT THE APPRAISED VALUE OR AT THE PRICE CONTAINED IN A BONA  FIDE
OFFER TO PURCHASE PRICE AS APPROVED BY THE DIVISION.
  6.  THE  DIVISION  SHALL PROMULGATE RULES FOR THE TIMELY COMPLETION OF
ALL LENDING PROGRAM APPLICATIONS, CREDIT REVIEWS AND LOAN CLOSINGS.
  7. IF A TENANT ASSOCIATION, OR IF APPLICABLE, A QUALIFIED ENTITY, DOES
NOT SUBMIT ITS OFFER IN WRITING TO THE OWNER AND THE DIVISION WITHIN THE

S. 428                              7

TIME PERIODS STATED IN SUBDIVISION TWO OR THREE OF THIS SECTION  FOLLOW-
ING  NOTICE  BY  THE OWNER IN COMPLIANCE WITH SUBDIVISION ONE OF SECTION
THIRTY-EIGHT-A OF THIS ARTICLE, THEN SUCH RIGHT WILL  BE  DEEMED  WAIVED
AND  THE  OWNER  SHALL  HAVE  NO FURTHER OBLIGATIONS UNDER THIS SECTION.
HOWEVER, WHERE A TENANT ASSOCIATION, OR IF APPLICABLE, A QUALIFIED ENTI-
TY, HAS PREVIOUSLY SUBMITTED A NOTICE IN ACCORDANCE WITH SUBDIVISION ONE
OF THIS SECTION DECIDES NOT TO EXERCISE SUCH RIGHT, IT MAY WITHDRAW SUCH
NOTICE BY GIVING WRITTEN NOTICE TO THAT EFFECT TO THE OWNER AND  TO  THE
DIVISION.
  S  38-E. FIRST OPPORTUNITY TO PURCHASE. 1. A TENANT ASSOCIATION, OR IF
APPLICABLE, A QUALIFIED ENTITY, SHALL NOTIFY THE OWNER AND THE  DIVISION
IN  WRITING  OF ITS INTENT TO EXERCISE ITS RIGHT OF FIRST OPPORTUNITY TO
PURCHASE WITHIN SIXTY DAYS FROM RECEIPT OF NOTICE FROM THE OWNER  PURSU-
ANT TO SUBDIVISION ONE OF SECTION THIRTY-EIGHT-A OF THIS ARTICLE.
  2.  THE  TENANT  ASSOCIATION,  OR  IF  APPLICABLE, A QUALIFIED ENTITY,
FOLLOWING NOTICE BY THE OWNER IN  COMPLIANCE  WITH  SUBDIVISION  ONE  OF
SECTION  THIRTY-EIGHT-A  OF  THIS ARTICLE, SHALL HAVE ONE HUNDRED TWENTY
DAYS FROM THE DATE OF THE NOTICE OF THE DETERMINATION OF  THE  APPRAISED
VALUE TO SUBMIT ITS OFFER TO PURCHASE.
  3.  IF  THROUGH  NO FAULT OF A TENANT ASSOCIATION, OR IF APPLICABLE, A
QUALIFIED ENTITY, OR THE OWNER, THE TIME PERIOD PROVIDED FOR IN SUBDIVI-
SION TWO OF THIS SECTION NEEDS TO BE EXTENDED, THEN SUCH TIME PERIOD MAY
BE EXTENDED BY THE DIVISION. SHOULD SUCH TIME PERIOD  BE  EXTENDED  PAST
THE   NOTICE   PERIOD   PROVIDED  FOR  IN  SUBDIVISION  ONE  OF  SECTION
THIRTY-EIGHT-A OF THIS ARTICLE, THEN THE PROVISIONS  OF  THE  APPLICABLE
ASSISTED RENTAL HOUSING PROGRAM SHALL REMAIN IN FULL FORCE AND EFFECT TO
THE EXTENT PERMITTED BY LAW.
  4.  EXCEPT WHERE THE OWNER AND A TENANT ASSOCIATION, OR IF APPLICABLE,
A QUALIFIED ENTITY, AGREE TO A PURCHASE PRICE  OF  THE  ASSISTED  RENTAL
HOUSING  AT AN AMOUNT BELOW THE APPRAISED VALUE, ANY OFFER MADE PURSUANT
TO THIS SECTION SHALL BE ACCEPTED BY THE OWNER.
  5. IF A TENANT ASSOCIATION, OR IF APPLICABLE, A QUALIFIED ENTITY, DOES
NOT SUBMIT ITS OFFER IN WRITING TO THE OWNER AND THE DIVISION WITHIN THE
TIME PERIODS STATED IN SUBDIVISION TWO OF THIS SECTION FOLLOWING  NOTICE
BY   THE   OWNER   IN   COMPLIANCE   WITH  SUBDIVISION  ONE  OF  SECTION
THIRTY-EIGHT-A OF THIS ARTICLE, THEN SUCH RIGHT WILL  BE  DEEMED  WAIVED
AND  THE  OWNER  SHALL  HAVE  NO FURTHER OBLIGATIONS UNDER THIS SECTION.
HOWEVER, WHERE A TENANT ASSOCIATION, OR IF APPLICABLE, A QUALIFIED ENTI-
TY, HAS PREVIOUSLY SUBMITTED A NOTICE IN ACCORDANCE WITH SUBDIVISION ONE
OF THIS SECTION DECIDES NOT TO EXERCISE SUCH RIGHT, IT MAY WITHDRAW SUCH
NOTICE BY GIVING WRITTEN NOTICE TO THAT EFFECT TO THE OWNER AND  TO  THE
DIVISION.
  S  38-F.  PRIOR  NOTIFICATION.  NOTWITHSTANDING ANY OTHER PROVISION OF
THIS ARTICLE, WHERE AN OWNER HAS GIVEN NOTICE  PRIOR  TO  THE  EFFECTIVE
DATE  OF  THIS  ARTICLE  AND  THE INTENT OF SUCH NOTICE IS TO INITIATE A
PROCEDURE TO WITHDRAW THE ASSISTED RENTAL HOUSING  FROM  A  PROGRAM  SET
FORTH  IN SUBDIVISION THREE OF SECTION THIRTY-EIGHT OF THIS ARTICLE, AND
SUCH NOTICE WAS PROPERLY GIVEN IN ACCORDANCE WITH ANY  OTHER  APPLICABLE
PROVISION OF LAW AND MORE THAN FORTY-FIVE DAYS REMAIN PRIOR TO THE EXPI-
RATION  OF  THE  TIME PERIOD APPLICABLE TO SUCH NOTICE, A TENANT ASSOCI-
ATION, OR IF APPLICABLE, A QUALIFIED ENTITY,  MAY  COMPLETE  ANY  ACTION
AUTHORIZED BY SECTIONS THIRTY-EIGHT-C, THIRTY-EIGHT-D AND THIRTY-EIGHT-E
OF THIS ARTICLE AT ANY TIME PRIOR TO THE EXPIRATION OF SUCH TIME PERIOD.
  S  38-G. LONG TERM AFFORDABILITY. A TENANT ASSOCIATION, OR IF APPLICA-
BLE, A QUALIFIED ENTITY, INCLUDING ALL  SUCCESSORS  IN  INTEREST,  WHICH
CHOOSES TO EXERCISE THE RIGHTS PROVIDED FOR IN SECTION THIRTY-EIGHT-D OR

S. 428                              8

SECTION THIRTY-EIGHT-E OF THIS ARTICLE WILL BE OBLIGATED TO MAINTAIN THE
ASSISTED RENTAL HOUSING AS AFFORDABLE.
  S 38-H. RIGHT OF TRANSFER. 1. DURING THE NOTICE PERIOD PROVIDED FOR IN
SECTION  THIRTY-EIGHT-A OF THIS ARTICLE, THE TENANTS, BY WRITTEN CONSENT
OF THE TENANTS RESIDING IN AT LEAST SIXTY PERCENT OF THE OCCUPIED DWELL-
ING UNITS WITHIN THE SAME ASSISTED  RENTAL  HOUSING,  MAY  TRANSFER  THE
RIGHTS  ESTABLISHED BY SECTION THIRTY-EIGHT-D AND SECTION THIRTY-EIGHT-E
OF THIS ARTICLE TO A QUALIFIED ENTITY.
  2. NOTICE OF SUCH TRANSFER SHALL BE PROVIDED  TO  THE  OWNER  AND  THE
DIVISION  IN  WRITING  WITHIN SIXTY DAYS FROM RECEIPT OF NOTICE FROM THE
OWNER PURSUANT TO SECTION THIRTY-EIGHT-A OF THIS ARTICLE.
  S 38-I. CONVERSION OF  PROPERTY.  NOTWITHSTANDING  THE  PROVISIONS  OF
SECTION  THIRTY-EIGHT-D AND SECTION THIRTY-EIGHT-E OF THIS ARTICLE, WHEN
A CONVERSION OCCURS, AN OWNER OR BONA FIDE  PURCHASER  SHALL  ALLOW  THE
CURRENT  TENANT  OR TENANTS TO REMAIN IN THEIR RESPECTIVE DWELLING UNITS
FOR THE LONGER OF SIX MONTHS FROM THE EFFECTIVE DATE OF  THE  CONVERSION
OR  UNTIL  THE  TENANT'S LEASE EXPIRES, AND AT THE SAME TERMS AND CONDI-
TIONS AS BEFORE SUCH CONVERSION. SUCH OWNER OR PURCHASER MAY,  WITH  THE
AGREEMENT  OF  THE TENANT OR TENANTS, RELOCATE SUCH TENANT OR TENANTS TO
COMPARABLE UNITS WITH COMPARABLE RENTS IN ACCORDANCE WITH PROCEDURES  TO
BE  ESTABLISHED  BY  THE RULES OF THE DIVISION.  NOTHING IN THIS SECTION
SHALL BE DEEMED TO LIMIT, RESTRICT OR MODIFY THE  RIGHTS  OF  A  CURRENT
TENANT  OR  TENANTS  PURSUANT  TO THE EMERGENCY TENANT PROTECTION ACT OF
NINETEEN SEVENTY-FOUR, THE EMERGENCY HOUSING RENT CONTROL LAW, THE  CITY
RENT  AND  REHABILITATION  LAW OR THE RENT STABILIZATION LAW OF NINETEEN
HUNDRED SIXTY-NINE.
  S 38-J. PENALTY. AN OWNER FOUND TO HAVE VIOLATED ANY PROVISION OF THIS
ARTICLE SHALL, IN  ADDITION  TO  ANY  OTHER  MONETARY  AND/OR  EQUITABLE
DAMAGES FOR WHICH THE OWNER MAY BE LIABLE, BE LIABLE FOR A CIVIL PENALTY
OF  FIVE  THOUSAND  DOLLARS  PER MONTH PER DWELLING UNIT IN THE ASSISTED
RENTAL HOUSING, AND SHALL ALSO PAY TO A TENANT  ASSOCIATION,  OR  IF  NO
TENANT  ASSOCIATION  EXISTS,  EACH TENANT, OR IF APPLICABLE, A QUALIFIED
ENTITY, FEES AND COSTS INCURRED IN BRINGING AN  ENFORCEMENT  PROCEEDING.
THE  TOTAL  CIVIL  PENALTIES MAY NOT EXCEED ONE HUNDRED THOUSAND DOLLARS
PER DWELLING UNIT. NOTHING IN  THIS  SECTION  SHALL  BE  INTERPRETED  AS
PROHIBITING  THE TENANT ASSOCIATION, OR IF NO TENANT ASSOCIATION EXISTS,
THE TENANTS, OR IF APPLICABLE, A QUALIFIED ENTITY, FROM SEEKING  INJUNC-
TIVE  RELIEF  AGAINST  A  NON-COMPLIANT  OWNER. SUCH PROCEEDING SHALL BE
BROUGHT IN A COURT OF COMPETENT JURISDICTION.
  S 38-K. EXCLUSIONS. 1. NOTHING IN THIS ARTICLE SHALL AFFECT ANY EXIST-
ING AGREEMENT BETWEEN A TENANT ASSOCIATION AND AN  OWNER  REGARDING  THE
MANAGEMENT  AND OPERATION OF THE ASSISTED RENTAL HOUSING OR THE TRANSFER
OF THE ASSISTED RENTAL HOUSING TO A TENANT ASSOCIATION OR SIMILAR ORGAN-
IZATION IN EFFECT ON THE EFFECTIVE DATE OF THIS ARTICLE, EXCEPT THAT ANY
RENEWAL, MODIFICATION OR AMENDMENT OF SUCH  AGREEMENT  OCCURRING  ON  OR
AFTER  THE  EFFECTIVE  DATE  OF  THIS  ARTICLE  SHALL  BE SUBJECT TO THE
PROVISIONS OF THIS ARTICLE.
  2. NOTHING IN THIS ARTICLE SHALL AFFECT ANY EXISTING AGREEMENT BETWEEN
AN OWNER AND ONE OR MORE GOVERNMENTAL ENTITIES RELATING TO  THE  MANAGE-
MENT  AND OPERATION OF A MULTIPLE DWELLING THAT IS NOT OTHERWISE SUBJECT
TO THIS CHAPTER OR TO FEDERAL LAW.
  3. NOTHING IN THIS ARTICLE SHALL AFFECT  AN  OWNER  OR  PURCHASER  WHO
WANTS  TO  REFINANCE  IN  ORDER TO MAINTAIN PARTICIPATION IN AN ASSISTED
RENTAL HOUSING PROGRAM.
  4. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO A PURCHASE  BY  A
GOVERNMENTAL  ENTITY  IMPLEMENTING ITS POWERS OF EMINENT DOMAIN; A JUDI-

S. 428                              9

CIALLY  SUPERVISED  SALE  OR  TRANSFER  OF  PROPERTY;   ANY   BANKRUPTCY
PROCEEDINGS; OR OPERATION OF LAW.
  5.  THE  PROVISIONS  OF THIS ARTICLE SHALL NOT APPLY WHERE A NOTICE AS
DESCRIBED IN SECTION THIRTY-EIGHT-F OF THIS ARTICLE WAS  PROPERLY  GIVEN
IN  ACCORDANCE WITH ANY OTHER APPLICABLE PROVISION OF LAW AND FORTY-FIVE
OR FEWER DAYS REMAIN PRIOR TO THE EXPIRATION OF SUCH  APPLICABLE  NOTICE
PERIOD.
  6.  THE  PROVISIONS OF THIS ARTICLE SHALL PREVAIL, NOTWITHSTANDING ANY
CONTRARY PROVISIONS OF THIS CHAPTER, THE EMINENT DOMAIN  PROCEDURE  LAW,
OR ANY OTHER LAW.
  S 38-L. JUDICIAL REVIEW. ANY PERSON AGGRIEVED BY AN APPRAISAL DETERMI-
NATION  MADE  PURSUANT  TO SECTION THIRTY-EIGHT-C OF THIS ARTICLE, OR BY
THE FAILURE OF THE DIVISION TO APPROVE A BONA FIDE  OFFER  TO  PURCHASE,
MAY,  WITHIN THIRTY DAYS OF THE APPRAISAL DETERMINATION OR ACTION BY THE
DIVISION, SEEK JUDICIAL REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF  THE
CIVIL  PRACTICE  LAW  AND  RULES  IN THE SUPREME COURT FOR THE COUNTY IN
WHICH THE ASSISTED RENTAL HOUSING IS LOCATED. IN THE EVENT THAT A  COURT
MAY  FIND  THAT  THE APPRAISAL OR ACTION BY THE DIVISION CONSTITUTES THE
EQUIVALENT OF A  TAKING  WITHOUT  JUST  COMPENSATION,  THE  COURT  SHALL
REQUIRE  THAT A NEW APPRAISAL OR DETERMINATION BE MADE. THE TIME PERIODS
SET FORTH IN THIS ARTICLE SHALL BE TOLLED DURING THE PENDENCY OF SUCH  A
PROCEEDING  AND  UNTIL  A  NEW APPRAISAL OR DETERMINATION, IF NEEDED, IS
MADE.
  S 2. This act shall take effect immediately.

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Senate Bill S428

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Liz Krueger