Update: Housing Security & Tenant Protection Act of 2019 – Limited Exemption for Coop Boards

Cozen O'Connor
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Cozen O'Connor

On September 13, 2019, New York State Department of State issued guidance for real estate professionals (the guidance) concerning the Housing Security & Tenant Protection Act of 2019 (the Act). The guidance loosens the application of the $20 limit on application fees and background checks for coops. A previous Alert regarding the impact of the Act on condo and coop boards, advised that coop board application fees to prospective shareholders may not exceed $20. The guidance exempts coop boards from the $20 cap in connection with the sale of a coop unit. Therefore, coop boards may charge application fees in excess of $20 in connection with the sale, but not sublet, of a coop unit.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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