[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway 5-10-1982 as L.L. No. 4-1982. Amendments noted where applicable.]
This chapter shall apply to all condominium and/or cooperative ownership apartment buildings within the Village of East Rockaway, Town of Hempstead, Nassau County, New York.
As used in this chapter, the following terms shall have the meanings indicated:
- ELIGIBLE HANDICAPPED PERSONS
- Tenants who have an impairment which results from anatomical, physiological or nonviolent psychological abnormalities, other than addiction to alcohol, gambling or any controlled substance, which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, and which are expected to be permanent and which prevent the tenant from engaging in any employment or other gainful activity on the date the Attorney General has accepted a plan or prospectus for filing.
- NONPURCHASING TENANT
- Any person who has not purchased an apartment or shares in a dwelling unit, and who is a tenant entitled to possession at the time the plan or prospectus is declared effective by the Attorney General of the State of New York.
- Any person who owns the shares allocated to a dwelling unit or who owns such dwelling unit itself.
- SENIOR CITIZEN TENANTS
- Tenants in the dwelling unit who are 65 years of age or older, entitled to possession as of the date that the Attorney General of the State of New York accepts the plan or prospectus for filing.
A plan may not be declared effective until at least 15% of all dwelling units in the building or group of buildings or development shall have been sold under the plan pursuant to an offering made in good faith, without fraud, and with no discriminatory repurchase agreement or other discriminatory inducement.
No eviction proceedings may be commenced against nonpurchasing tenants for a period of two years after the plan or prospectus is accepted for filing by the Attorney General of the State of New York.
No eviction proceedings may be commenced by an owner for a period of 10 years from the date that the plan or prospectus is accepted for filing by the Attorney General of the State of New York against nonpurchasing tenants who are senior citizen tenants or eligible handicapped persons, as defined above, for failure to purchase or any other reason applicable to expiration of tenancy, provided that such proceedings may be commenced for nonpayment of rent, illegal use or occupancy of the premises, refusal of access to the owner during reasonable hours or a similar breach by the nonpurchasing tenant of his obligations to the owner/landlord.
The rentals of nonpurchasing tenants who are senior citizens or eligible handicapped persons, as defined above, and who reside in dwelling units not subject to regulations as to rentals and continuing occupancy shall not be subject to unconscionable increases beyond ordinary rentals for comparable apartments during the period of their occupancy. In determining comparability, consideration shall be given to such factors as building services and level of maintenance.
The rights granted herein may not be abrogated or reduced by any provision of a lease or other rental agreement between nonpurchasing tenants of the specified classes and owner/landlord.
There shall be a reserve fund of the cooperative ownership which shall be not less than 1% of the total cash value of the shares as described in the plan or prospectus filed with the Attorney General of the State of New York.
Any plan or prospectus for conversion filed with respect to properties located within the borders of the Village of East Rockaway shall include provisions for implementation of this chapter.