S T A T E   O F   N E W   Y O R K
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                                   1936
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 18, 2019
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Housing
 
 AN ACT to amend the real property law, in relation to providing priority
   for certain liens for unpaid condominium common charges
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 339-z of the real property law, as amended by chap-
 ter 475 of the laws of 2004, is amended to read as follows:
   § 339-z. Lien for common charges; priority; exoneration of grantor and
 grantee. The board of managers, on behalf of the unit owners, shall have
 a lien on each unit for the unpaid common charges thereof, together with
 interest  thereon,  prior  to  all other liens except only (i) liens for
 taxes on the unit in favor  of  any  assessing  unit,  school  district,
 special district, county or other taxing unit, (ii) all sums unpaid on a
 first  mortgage  of  record,  and (iii) all sums unpaid on a subordinate
 mortgage of record held by the New York job development  authority,  the
 New  York  state  urban development corporation, the division of housing
 and community renewal, the housing trust fund corporation, the New  York
 city  housing  development corporation, or in a city having a population
 of one million or more, the  department  of  housing,  preservation  and
 development.  NOTWITHSTANDING  THE  FOREGOING,  THE LIEN IS PRIOR TO ALL
 SUMS DESCRIBED IN CLAUSES (II) AND (III) OF THIS SECTION IN AN AMOUNT UP
 TO SIX MONTHS OF UNPAID COMMON CHARGES EXCLUDING ANY  INTEREST  OR  FEES
 ASSESSED  BY  THE  BOARD  OF  MANAGERS. Upon the sale or conveyance of a
 unit, such unpaid common charges shall be paid out of the sale  proceeds
 or by the grantee. Any grantor or grantee of a unit shall be entitled to
 a  statement  from  the  manager or board of managers, setting forth the
 amount of the unpaid  common  charges  accrued  against  the  unit,  and
 neither such grantor nor grantee shall be liable for, nor shall the unit
 conveyed  be  subject  to  a lien for, any unpaid common charges against
 such unit accrued prior to such conveyance in excess of the amount ther-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06170-01-9

 A. 1936                             2
 
 ein set forth.  Notwithstanding the above, the declaration of an  exclu-
 sive  non-residential  condominium  may provide that the lien for common
 charges will be superior to any mortgage liens of record.
   § 2. This act shall take effect immediately.