S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2685
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- 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.
   § 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:
   § 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 THIRTY DAYS AFTER ITS DECISION TO WITHHOLD
 CONSENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04824-01-3
 A. 2685                             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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.