Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]
GENERAL REFERENCES
Human rights — See Ch. 528.
391a Uncod LL Pro
[Adopted 8-4-2009 by L.L. No. 28-2009 (Ch. 252, Art. I, of the 1985 Code)]

§ 391-1 Legislative intent.

A. 
This Legislature finds that cooperative home ownership has increasingly become a more popular form of ownership in Suffolk County.
B. 
This Legislature finds that residential cooperative home buyers are subject to processes and conditions that do not apply to buyers of other forms of home ownership.
C. 
This Legislature finds that in many instances, a cooperative board or association rejects a potential buyer who is seemingly well qualified, without advising the potential buyer of the reasons for said rejection, and the concern of the potential buyer has been that the cooperative board or association has rejected the potential buyer unlawfully, based upon actual or perceived race, creed, color, sex, ethnicity, disability, religion, gender, age, sexual orientation, national origin, alienage, citizenship, marital or family status, including segregation.
[Amended 10-13-2009 by L.L. No. 36-2009]
D. 
This Legislature further finds that both federal, state, and local laws protect Suffolk County residents from unfair housing practices, which include discrimination based upon actual or perceived race, creed, color, sex, ethnicity, disability, religion, gender, age, sexual orientation, national origin, alienage, citizenship, marital or family status, including segregation.
[Amended 10-13-2009 by L.L. No. 36-2009]
E. 
This Legislature also finds that presently there are no measures in place that require potential buyers to receive written notice of the reasons for a rejection by a cooperative board or association.
[Amended 10-13-2009 by L.L. No. 36-2009]
F. 
Therefore, the purpose of this article is to promote transparency in the application process for cooperative home purchases by requiring cooperative home boards or associations to disclose in writing to prospective buyers the reasons for a denial of an application to ensure that the process for cooperative home purchase is fair and protects against illegal discrimination.

§ 391-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
APPLICATION
The standardized form developed and utilized by a cooperative for the purchase or acquisition of certificates of stock or other evidence of ownership of an interest in the cooperative.
COOPERATIVE
Real property which is improved and used or occupied, or intended to be used or occupied, as the home or residence of one or more persons, which is subject to Article 23-A of the New York State General Business Law, and shall include its cooperative management, cooperative tenants, cooperative shareholders or any appointees or successors in interest thereof.
PERSON
A natural person, corporation, partnership, association, trustee, limited-liability company, or other legal entity.
PURCHASE
The acquisition of certificates of stock or other evidence of ownership of an interest in a cooperative.
UNIT
A part of a cooperative used or intended to be used for the home or residence of one or more persons.

§ 391-3 Standardized forms required; action upon applications.

A. 
Purchase applications. Every cooperative shall develop a standardized form application for purchase and shall provide such application to any person seeking to purchase a unit in such cooperative. Every application shall set forth the requirements for purchase of a unit and shall include a notice advising how the applicant may access information on fair housing and antidiscrimination laws.
B. 
Action upon applications.
(1) 
Within 10 days of receipt of a completed application, the cooperative shall provide the applicant with written acknowledgement of receipt of the application. If the application is incomplete or completed incorrectly, the acknowledgment shall instruct the applicant of the time and manner by which the application shall be corrected.
(2) 
Within 45 days of receipt of an application, the cooperative shall either reject or approve the application and provide the applicant with written notice thereof, and in the case of any rejection, there shall be notice of the grounds for such rejection.
(3) 
Failure by a cooperative to take action on a completed application within 45 days of receipt thereof by either notifying the purchaser of its approval or rejection may be considered as part of the investigation of any complaint filed with the Suffolk County Human Rights Commission pursuant to Chapter 528, Human Rights, Article II, Discriminatory Acts, § 528-7, of the Suffolk County Code; and may be evidence admissible in any action or administrative proceeding commenced pursuant to § 528-7 of the Suffolk County Code.
[Added 10-13-2009 by L.L. No. 36-2009]
C. 
Public policy. Every agreement, negative covenant, restrictive covenant or other provision, whether written or oral and wherever contained, inconsistent with this article shall be void and unenforceable.

§ 391-4 Reverse preemption.

This article shall be null and void on the day that statewide or federal legislation goes into effect, incorporating either the same or substantially similar provisions as are contained in this article, or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions in this section.