S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6615
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 24, 2023
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Housing
 
 AN ACT to amend the executive law, in relation to creating the office of
   the cooperative and condominium ombudsperson; to amend the tax law, in
   relation to authorizing the residential unit fee;  and  to  amend  the
   state finance law, in relation to establishing the office of the coop-
   erative and condominium ombudsperson fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new  article  49-C
 to read as follows:
                               ARTICLE 49-C
          OFFICE OF THE COOPERATIVE AND CONDOMINIUM OMBUDSPERSON
 SECTION 996.   SHORT TITLE.
         996-A.  LEGISLATIVE DECLARATION.
         996-B. DEFINITIONS.
         996-C. OFFICE OF THE COOPERATIVE AND CONDOMINIUM OMBUDSPERSON.
         996-D. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE.
         996-E. PRINCIPAL OFFICE AND SATELLITE OFFICES.
         996-F. ASSISTANCE OF OTHER STATE AGENCIES.
         996-G. REPORTS  TO THE GOVERNOR, ATTORNEY GENERAL AND THE LEGIS-
                  LATURE.
         996-H. CONTRACT AUTHORITY.
         996-I. SEPARABILITY.
   § 996. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
 THE "COOPERATIVE AND CONDOMINIUM OMBUDSPERSON ACT".
   § 996-A. LEGISLATIVE DECLARATION. THE LEGISLATURE FINDS AND DETERMINES
 AS FOLLOWS:
   COOPERATIVE  AND CONDOMINIUM HOUSING CONSTITUTES A SIGNIFICANT PORTION
 OF NEW YORK STATE'S RESIDENTIAL HOUSING STOCK. IT IS AND  HAS  BEEN  THE
 PUBLIC POLICY OF THIS STATE TO ENCOURAGE SUCH FORMS OF HOME OWNERSHIP. A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00046-02-3
              

 A. 6615                             2
 
 WIDE  VARIETY  OF  LAWS  HAVE  BEEN  ENACTED  TO PROVIDE FAIRNESS IN THE
 CONVERSION OF RENTAL PROPERTIES TO COOPERATIVE AND CONDOMINIUM OWNERSHIP
 AND IN THE REGULATION AND TAXATION  OF  COOPERATIVES  AND  CONDOMINIUMS.
 STATE  AND  LOCAL  LAWS AND REGULATIONS ARE ALSO DESIGNED TO ENSURE THAT
 THE RESIDENTS OF SUCH HOUSING  ARE  PROVIDED  WITH  SAFE  AND  HABITABLE
 ACCOMMODATIONS.
   INEVITABLY,  DISPUTES  HAVE  ARISEN  AMONG COOPERATIVE AND CONDOMINIUM
 SPONSORS AND DEVELOPERS, COOPERATIVE SHAREHOLDERS AND  CONDOMINIUM  UNIT
 OWNERS,  PROSPECTIVE  SHAREHOLDERS  AND UNIT OWNERS, BOARDS OF DIRECTORS
 AND BOARDS OF MANAGERS. SUCH DISPUTES OFTEN RESULT IN LENGTHY AND COSTLY
 LITIGATION AND UNCERTAINTY AS TO THE RIGHTS OF THE PARTIES  PENDING  THE
 OUTCOME  OF  LITIGATION. SUCH LITIGATION DIVERTS RESOURCES THAT COULD BE
 BETTER UTILIZED TO PROVIDE AFFORDABLE AND WELL-MAINTAINED BUILDINGS  AND
 GROUNDS FOR THE COMMON GOOD OF THE OWNERS.
   THIS ARTICLE IS NECESSARY TO PROVIDE A NEUTRAL, INFORMATIVE AND ACCES-
 SIBLE  RESOURCE AVAILABLE TO ALL PARTIES INVOLVED IN RESIDENTIAL COOPER-
 ATIVE  AND  CONDOMINIUM  OWNERSHIP  AND  GOVERNANCE.  THE   OMBUDSPERSON
 APPOINTED  PURSUANT  TO  THIS  ARTICLE WILL CONDUCT OUTREACH PROGRAMS TO
 EDUCATE UNIT OWNERS AND BOARD MEMBERS  AS  TO  THEIR  LEGAL  RIGHTS  AND
 RESPONSIBILITIES.  THE  OMBUDSPERSON  WILL ENCOURAGE ALTERNATIVE DISPUTE
 RESOLUTION WHEN DISPUTES DO ARISE. THE OMBUDSPERSON WILL BE AVAILABLE TO
 PROVIDE DISPUTE RESOLUTION SERVICES  ON  CONSENT  OF  THE  PARTIES.  THE
 OMBUDSPERSON WILL ALSO PROVIDE MONITORING AND SUPERVISION OF COOPERATIVE
 AND CONDOMINIUM ELECTIONS.
   §  996-B.  DEFINITIONS. 1. "COOPERATIVE" MEANS A CORPORATION ORGANIZED
 AND OPERATING PURSUANT TO THE GENERAL BUSINESS LAW  OR  THE  COOPERATIVE
 CORPORATIONS  LAW FOR THE PRIMARY PURPOSE OF PROVIDING RESIDENTIAL HOUS-
 ING TO ITS SHAREHOLDERS.
   2. "CONDOMINIUM" MEANS A HOMEOWNERS  ASSOCIATION  OR  ANY  ASSOCIATION
 ORGANIZED  AND OPERATING PURSUANT TO ARTICLE NINE-B OF THE REAL PROPERTY
 LAW FOR THE PRIMARY PURPOSE OF PROVIDING RESIDENTIAL HOUSING TO ITS UNIT
 OWNERS.
   3. "OFFICE" MEANS THE OFFICE OF THE COOPERATIVE AND CONDOMINIUM OMBUD-
 SPERSON CREATED BY THIS ARTICLE.
   4. "OMBUDSPERSON" MEANS THE CHIEF ADMINISTRATIVE OFFICER OF THE OFFICE
 OF THE COOPERATIVE AND CONDOMINIUM OMBUDSPERSON.
   5. "STATE AGENCY" MEANS ANY  DEPARTMENT,  BOARD,  BUREAU,  COMMISSION,
 DIVISION,  OFFICE,  COUNCIL  OR AGENCY OF THE STATE, OR A PUBLIC BENEFIT
 CORPORATION OR AUTHORITY AUTHORIZED BY THE LAWS OF THE STATE.
   6. "LOCAL AGENCY" MEANS ANY  DEPARTMENT,  BOARD,  BUREAU,  COMMISSION,
 DIVISION, OFFICE, COUNCIL, OFFICER OR AGENCY OF A CITY, TOWN OR VILLAGE.
   §  996-C.  OFFICE  OF THE COOPERATIVE AND CONDOMINIUM OMBUDSPERSON. 1.
 THE OFFICE OF THE COOPERATIVE AND  CONDOMINIUM  OMBUDSPERSON  IS  HEREBY
 CREATED WITHIN THE DEPARTMENT OF LAW TO HAVE AND EXERCISE THE FUNCTIONS,
 POWERS  AND  DUTIES  PROVIDED  BY THE PROVISIONS OF THIS ARTICLE AND ANY
 OTHER PROVISION OF LAW. THE ATTORNEY GENERAL SHALL  BE  RESPONSIBLE  FOR
 OVERSIGHT OF THE OFFICE.
   2.  THE  HEAD  OF  THE OFFICE SHALL BE THE COOPERATIVE AND CONDOMINIUM
 OMBUDSPERSON WHO SHALL BE APPOINTED BY THE ATTORNEY GENERAL. THE  OMBUD-
 SPERSON  SHALL  HOLD  OFFICE  UNTIL  THE END OF THE TERM OF THE ATTORNEY
 GENERAL BY WHOM HE OR SHE WAS APPOINTED AND UNTIL HIS OR  HER  SUCCESSOR
 IS  APPOINTED  AND HAS QUALIFIED. THE OMBUDSPERSON MAY BE REMOVED BY THE
 ATTORNEY GENERAL FOR CAUSE, AFTER  BEING  GIVEN  AN  OPPORTUNITY  TO  BE
 HEARD.  A  VACANCY  SHALL  BE  FILLED IN THE SAME MANNER AS THE ORIGINAL
 APPOINTMENT.
 A. 6615                             3
 
   3. THE OMBUDSPERSON SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY  THE
 ATTORNEY  GENERAL WITHIN THE AMOUNT MADE AVAILABLE THEREFOR BY AN APPRO-
 PRIATION AND SHALL BE ALLOWED HIS OR HER ACTUAL AND  NECESSARY  EXPENSES
 IN THE PERFORMANCE OF HIS OR HER DUTIES. THE OMBUDSPERSON'S SALARY SHALL
 BE NO LESS THAN THE SALARIES OF CERTAIN STATE OFFICERS HOLDING THE POSI-
 TIONS  INDICATED  IN  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF SECTION ONE
 HUNDRED SIXTY-NINE OF THIS CHAPTER.
   4. THE OMBUDSPERSON SHALL BE AN ATTORNEY WITH EXTENSIVE EXPERIENCE  IN
 REAL  ESTATE, COOPERATIVE AND CONDOMINIUM LAW AND IN CONFLICT AND ALTER-
 NATIVE DISPUTE RESOLUTION.
   5. THE OMBUDSPERSON SHALL DIRECT THE WORK OF THE OFFICE AND  SHALL  BE
 THE  CHIEF EXECUTIVE OFFICER OF THE OFFICE. THE OMBUDSPERSON MAY APPOINT
 SUCH OFFICERS AND EMPLOYEES AS HE OR SHE MAY DEEM  NECESSARY,  PRESCRIBE
 THEIR  POWERS  AND  DUTIES,  FIX  THEIR COMPENSATION AND PROVIDE FOR THE
 REIMBURSEMENT OF THEIR  EXPENSES,  ALL  WITHIN  AMOUNTS  MADE  AVAILABLE
 THEREFOR  BY  APPROPRIATION.  SUCH  OFFICERS AND EMPLOYEES SHALL INCLUDE
 ATTORNEYS AND OTHER PROFESSIONALS  WITH  EXTENSIVE  EXPERIENCE  IN  REAL
 ESTATE,  COOPERATIVE AND CONDOMINIUM LAW AND IN CONFLICT AND ALTERNATIVE
 DISPUTE RESOLUTION.
   6. THE OMBUDSPERSON AND OFFICERS AND EMPLOYEES  OF  THE  OFFICE  SHALL
 ADHERE  TO  A  CODE  OF ETHICS IN ORDER TO INSPIRE PUBLIC CONFIDENCE AND
 TRUST IN THE FAIRNESS AND IMPARTIALITY OF THE OFFICE.  THE  OMBUDSPERSON
 SHALL  PRESCRIBE  SUCH  CODE OF ETHICS. SUCH CODE SHALL REQUIRE THAT THE
 OMBUDSPERSON AND OFFICERS AND EMPLOYEES OF THE OFFICE RESPECT AND COMPLY
 WITH THE LAW; THAT THEY NOT USE OR ATTEMPT TO  USE  THEIR  POSITIONS  TO
 SECURE  PRIVILEGES OR EXEMPTIONS FOR THEMSELVES OR OTHERS; THAT THEY NOT
 SOLICIT, ACCEPT OR AGREE TO ACCEPT ANY GIFTS OR GRATUITIES FROM  PERSONS
 HAVING  OR LIKELY TO HAVE ANY OFFICIAL TRANSACTION WITH THE OFFICE; THAT
 THEY NOT REQUEST OR ACCEPT ANY PAYMENT  IN  ADDITION  TO  THEIR  REGULAR
 COMPENSATION  FOR ASSISTANCE GIVEN AS PART OF THEIR OFFICIAL DUTIES; AND
 THAT THEY SHALL NOT PERFORM ANY FUNCTION IN  A  MANNER  THAT  IMPROPERLY
 FAVORS ANY PERSON OR PARTY.
   7. THE OMBUDSPERSON AND OFFICERS AND EMPLOYEES OF THE OFFICE SHALL NOT
 SERVE  AS OFFICERS OR EMPLOYEES OF A POLITICAL PARTY OR A CLUB OR ORGAN-
 IZATION RELATED TO A POLITICAL PARTY, RECEIVE  REMUNERATION  FOR  ACTIV-
 ITIES  ON BEHALF OF ANY CANDIDATE FOR PUBLIC OFFICE OR PARTY POSITION OR
 ENGAGE IN SOLICITING VOTES OR OTHER ACTIVITIES ON BEHALF OF A  CANDIDATE
 FOR PUBLIC OFFICE OR PARTY POSITION.
   8.  THE SECRETARY TO THE GOVERNOR SHALL ASSURE THAT ALL STATE AGENCIES
 PROVIDE THE OMBUDSPERSON WITH ASSISTANCE IN ADVANCING  THE  PURPOSES  OF
 THE  OFFICE  AND  TO  ASSURE THAT THE ACTIVITIES OF THE OFFICE ARE FULLY
 COORDINATED WITH THE ACTIVITIES  OF  STATE  AGENCIES  PROVIDING  RELATED
 SERVICES.
   §  996-D. FUNCTIONS, POWERS AND DUTIES OF THE OFFICE. THE OFFICE SHALL
 HAVE THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
   1. TO EDUCATE AND INFORM SHAREHOLDERS OF COOPERATIVES AND UNIT  OWNERS
 OF CONDOMINIUMS, THEIR BOARDS OF DIRECTORS AND BOARDS OF MANAGERS, PROP-
 ERTY  MANAGERS, PROFESSIONALS WORKING WITH AND FOR SUCH BOARDS AND OTHER
 INTERESTED PARTIES OF THEIR LEGAL RIGHTS AND RESPONSIBILITIES UNDER  THE
 FEDERAL,  STATE AND LOCAL LAWS AND REGULATIONS APPLICABLE TO COOPERATIVE
 AND CONDOMINIUM HOUSING IN THE STATE OF NEW YORK AND UNDER  THE  COOPER-
 ATIVE AND CONDOMINIUM DOCUMENTS GOVERNING THE RESPECTIVE PROPERTIES.
   2.  TO  COORDINATE  AND  ASSIST  IN THE PREPARATION AND PUBLICATION OF
 EDUCATIONAL AND REFERENCE MATERIALS ABOUT RESIDENTIAL  COOPERATIVES  AND
 CONDOMINIUMS,  TO  MAKE SUCH RESOURCES KNOWN AND AVAILABLE TO THE WIDEST
 POSSIBLE AUDIENCE.
 A. 6615                             4
 
   3. TO ORGANIZE AND CONDUCT MEETINGS,  WORKSHOPS,  CONFERENCES,  PUBLIC
 HEARINGS  AND FORUMS AND TO UTILIZE ALL FORMS OF COMMUNICATIONS MEDIA TO
 DISSEMINATE ACCURATE AND  TIMELY  INFORMATION  OF  INTEREST  TO  PERSONS
 RESIDING IN, OWNING AND MANAGING COOPERATIVE AND CONDOMINIUM HOUSING.
   4.  TO  PROVIDE  MEETINGS,  MEDIATION,  ARBITRATION AND OTHER FORMS OF
 ALTERNATIVE DISPUTE RESOLUTION SERVICES TO COOPERATIVE  AND  CONDOMINIUM
 SPONSORS  AND  DEVELOPERS, COOPERATIVE SHAREHOLDERS, CONDOMINIUM OWNERS,
 THEIR BOARDS OF DIRECTORS AND  MANAGERS,  PROSPECTIVE  SHAREHOLDERS  AND
 UNIT  OWNERS  AND  OTHER PARTIES SO AS TO AVOID COSTLY AND LENGTHY LITI-
 GATION AND REDUCE EXPENSES FOR THOSE INVOLVED IN DISPUTES.
   5. TO SUBPOENA AND ENFORCE THE  ATTENDANCE  OF  WITNESSES,  ADMINISTER
 OATHS  OR  AFFIRMATIONS AND EXAMINE WITNESSES UNDER OATH AND REQUIRE THE
 PRODUCTION OF ANY BOOKS AND PAPERS DEEMED RELEVANT OR  MATERIAL  TO  THE
 RESOLUTION OF ANY DISPUTE PENDING BEFORE THE OFFICE.
   6.  TO  ENGAGE  WITH THE HOUSING COURTS, OTHER TRIAL COURTS, STATE AND
 LOCAL AGENCIES AND WITH ALTERNATIVE DISPUTE  RESOLUTION  PROGRAMS  MAIN-
 TAINED  BY  THE  OFFICE  OF  COURT  ADMINISTRATION  IN  ORDER TO PROVIDE
 SPECIALIZED EXPERTISE IN THE RESOLUTION OF COOPERATIVE  AND  CONDOMINIUM
 DISPUTES AS AN ALTERNATIVE TO LITIGATION.
   7.  TO OFFER PROCEDURES, MONITORS AND VOTE COUNTING SERVICES TO ASSURE
 FAIR ELECTIONS FOR MEMBERS OF COOPERATIVE BOARDS OF DIRECTORS AND CONDO-
 MINIUM BOARDS OF MANAGERS.  FIFTEEN PERCENT OF THE TOTAL  VOTING  INTER-
 ESTS  IN  A  COOPERATIVE OR CONDOMINIUM OR SHAREHOLDERS OR OWNERS OF SIX
 RESIDENTIAL UNITS, WHICHEVER IS GREATER,  MAY  PETITION  THE  OFFICE  TO
 ATTEND AND CONDUCT AN ELECTION OF DIRECTORS OR MANAGERS. ALL COSTS ASSO-
 CIATED WITH THE ELECTION MONITORING PROCESS SHALL BE PAID BY THE COOPER-
 ATIVE OR CONDOMINIUM.
   8.  TO REFER ANY COMPLAINT RECEIVED TO THE APPROPRIATE LAW ENFORCEMENT
 AGENCY FOR PROSECUTION, IF DEEMED APPROPRIATE BY THE OFFICE.
   9. TO PERFORM ANY OTHER FUNCTIONS THAT ARE NECESSARY OR APPROPRIATE TO
 FULFILL THE DUTIES AND RESPONSIBILITIES OF THE OFFICE.
   § 996-E. PRINCIPAL OFFICE AND  SATELLITE  OFFICES.  THE  OFFICE  SHALL
 MAINTAIN  ITS  PRINCIPAL  OFFICE  IN THE CITY OF NEW YORK AND SHALL HAVE
 SATELLITE OFFICES IN OTHER LOCATIONS WITHIN THE STATE OF NEW YORK  WHERE
 THERE ARE SIGNIFICANT CONCENTRATIONS OF COOPERATIVE OR CONDOMINIUM HOUS-
 ING.
   §  996-F.  ASSISTANCE  OF  OTHER  STATE  AGENCIES.  TO  EFFECTUATE THE
 PURPOSES OF THIS ARTICLE, THE OMBUDSPERSON  MAY  REQUEST  AND  SHALL  BE
 ENTITLED  TO  RECEIVE FROM ANY STATE AGENCY, AND THE SAME ARE AUTHORIZED
 TO PROVIDE, SUCH ASSISTANCE, SERVICES,  FACILITIES,  AND  DATA  AS  WILL
 ENABLE  THE  OFFICE  TO  CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES, AND
 SUCH TEMPORARILY OR PERMANENTLY ASSIGNED PERSONNEL AS  THE  DIRECTOR  OF
 THE BUDGET MAY APPROVE.
   §  996-G.  REPORTS  TO THE GOVERNOR, ATTORNEY GENERAL AND THE LEGISLA-
 TURE. THE OFFICE SHALL MAKE AN ANNUAL  REPORT,  TO  BE  RECEIVED  ON  OR
 BEFORE JANUARY FIRST, TO THE GOVERNOR, ATTORNEY GENERAL AND THE LEGISLA-
 TURE CONCERNING THE ACTIVITIES UNDERTAKEN BY THE OFFICE, RECOMMENDATIONS
 FOR  LEGISLATIVE PROPOSALS, DATA CONCERNING PROGRAM ACTIVITIES AND OTHER
 PERTINENT INFORMATION AS MAY BE REQUIRED.
   § 996-H. CONTRACT AUTHORITY. THE OFFICE IS HEREBY EMPOWERED  TO  ENTER
 INTO  ANY AGREEMENT OR CONTRACT WITH ANY STATE OR LOCAL AGENCY NECESSARY
 OR CONVENIENT TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   § 996-I. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR
 PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
 DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN  ITS  OPERATION  TO
 A. 6615                             5

 THE  CLAUSE,  SENTENCE,  PARAGRAPH,  SECTION  OR  PART  THEREOF DIRECTLY
 INVOLVED IN THE CONTROVERSY IN  WHICH  SUCH  JUDGMENT  SHALL  HAVE  BEEN
 RENDERED.
   §  2.  The tax law is amended by adding a new section 186-h to read as
 follows:
   § 186-H. RESIDENTIAL UNIT FEE. A COOPERATIVE HOUSING CORPORATION OR  A
 HOMEOWNERS ASSOCIATION, AS SUCH TERMS ARE DEFINED IN SECTION TWO HUNDRED
 TEN OF THIS CHAPTER, SHALL PAY AN ANNUAL FEE OF SIX DOLLARS PER YEAR FOR
 EACH  RESIDENTIAL UNIT LOCATED IN A BUILDING OR BUILDINGS OWNED OR OPER-
 ATED BY SUCH CORPORATION OR ASSOCIATION. SUCH FEE SHALL  BE  PAYABLE  TO
 THE  DEPARTMENT.  ALL  REVENUE  FROM  THE  FEE  IMPOSED PURSUANT TO THIS
 SECTION SHALL BE PAID BY THE DEPARTMENT TO THE STATE COMPTROLLER  TO  BE
 DEPOSITED TO AND CREDITED TO THE OFFICE OF THE COOPERATIVE AND CONDOMIN-
 IUM  OMBUDSPERSON  FUND, ESTABLISHED PURSUANT TO SECTION EIGHTY-ONE-A OF
 THE STATE FINANCE LAW.
   § 3. The state finance law is amended by adding a new section 81-a  to
 read as follows:
   §  81-A.  OFFICE OF THE COOPERATIVE AND CONDOMINIUM OMBUDSPERSON FUND.
 1.  THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE  COMPTROLLER
 A  SPECIAL FUND TO BE KNOWN AS THE "OFFICE OF THE COOPERATIVE AND CONDO-
 MINIUM OMBUDSPERSON FUND".
   2. THE OFFICE OF THE COOPERATIVE  AND  CONDOMINIUM  OMBUDSPERSON  FUND
 SHALL CONSIST OF MONIES APPROPRIATED THERETO, FUNDS TRANSFERRED FROM ANY
 OTHER  FUND OR SOURCES, AND MONIES DEPOSITED THEREIN PURSUANT TO SECTION
 ONE HUNDRED EIGHTY-SIX-H OF THE TAX LAW.
   3. THE MONIES IN THE OFFICE OF THE COOPERATIVE AND CONDOMINIUM  OMBUD-
 SPERSON  FUND  SHALL  BE  KEPT SEPARATE FROM AND SHALL NOT BE COMMINGLED
 WITH ANY OTHER MONIES IN THE CUSTODY  OF  THE  STATE  COMPTROLLER.  SUCH
 MONIES SHALL BE ALLOCATED TO AND EXPENDED BY THE DEPARTMENT OF LAW SOLE-
 LY  FOR THE STAFFING AND ADMINISTRATION OF THE OFFICE OF THE COOPERATIVE
 AND CONDOMINIUM OMBUDSPERSON OF SUCH DEPARTMENT.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.