S T A T E   O F   N E W   Y O R K
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                                  8347

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the civil rights law, in relation to  discrimination  in
  the ownership of cooperative housing

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

  Section 1. Legislative findings and declaration of intent. The  legis-
lature  recognizes  that cooperative ownership in multi-family dwellings
is a popular form of home  ownership  in  New  York  state.  An  ongoing
concern  for  consumers dealing in the cooperative housing market is the
potential for the unlawful rejection by a board of directors of a buyer.
  The legislature finds and determines that, not infrequently,  a  co-op
board  rejects  what appears to be a well-qualified customer. Often, the
prospective purchaser has concerns that the rejection was in fact unlaw-
ful discrimination. Both federal and state  laws  protect  our  citizens
from  unfair  housing practices, which include discrimination based upon
race, ethnicity, gender, age or family status.
  For such reasons, it is the legislature's intent to require boards  of
directors of cooperative housing to disclose to proposed purchasers, the
reasons for rejecting a sale.
  S 2.  Section 19-a of the civil rights law, as added by chapter 376 of
the laws of 1971, is amended to read as follows:
  S  19-a.    Prohibition  against  unreasonable withholding of consent.
WHENEVER ANY CORPORATION FORMED  FOR  THE  PURPOSE  OF  THE  COOPERATIVE
OWNERSHIP  OF REAL ESTATE WITHIN THE STATE WITHHOLDS CONSENT TO THE SALE
OR PROPOSED SALE OF CERTIFICATES OF STOCK OR OTHER EVIDENCE OF OWNERSHIP
OF AN INTEREST IN SUCH CORPORATION, SUCH CORPORATION SHALL  PROVIDE  THE
PROSPECTIVE  PURCHASER WITH A WRITTEN STATEMENT OF ITS REASONS FOR WITH-
HOLDING CONSENT NO LATER THAN FIVE BUSINESS DAYS AFTER ITS  DECISION  TO
WITHHOLD CONSENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06151-01-1

              

A. 8347                             2

  1.  No  SUCH  corporation  [formed  for the purpose of the cooperative
ownership of real estate within the state]  shall  withhold  [its]  SUCH
consent  [to the sale or proposed sale of certificates of stock or other
evidence of ownership of an interest in such corporation] because of the
race, creed, national origin, or sex of the purchaser.
  2.  For the purposes of this section a "corporation" shall include the
cooperative management, cooperative tenants,  cooperative  shareholders,
or any appointee or successor in interest of a corporation.
  3.  This section shall apply to every sale or proposed sale whether by
a corporation directly, its successor  in  interest,  or  by  any  other
lawfully entitled party.
  4.  Every  agreement, negative covenant, restrictive covenant or other
provision, whether written or oral and wherever contained,  inconsistent
with this section shall be void and unenforceable.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.