[HISTORY: Adopted by the Board of Trustees of the Village of Thomaston
12-8-1986 as L.L. No. 8-1986 (Ch. 44 of the 1980 Code). Amendments noted where
applicable.]
A.
The Board of Trustees of the Village of Thomaston (hereinafter
"village") finds that the protection of the health, safety and welfare of
persons within the village who reside in residential buildings being converted
from rental status to cooperative or condominium ownership requires that such
persons be informed of the physical condition of such buildings and of any
outstanding notices of code violations issued with respect to such buildings.
B.
The Board of Trustees further finds that for the health,
safety and welfare of residents of the village and for the preservation and
improvement of this substantial and increasing form of housing accommodation,
it is essential that funds be set aside for the purpose of making capital
repairs and improvements to such buildings.
The provisions of this chapter shall apply to conversions from rental
to cooperative or condominium status of a building or a group of buildings
or a development for which a plan must be filed with the New York State Department
of Law pursuant to § 352-eee of the General Business Law.
As used in this chapter, the following words shall mean:
Any building, group of buildings or development.
A building-wide replacement of a major component of any one (1) or
more of the following systems: elevator; heating, ventilation and/or air conditioning;
plumbing; wiring; window(s); or a major structural replacement in the building;
provided, however, that replacements made to cure code violations of record
shall not be included.
The offeror, his or her nominees, assignees and successors in interest.
With respect to cooperative conversions, the number of all shares in
the offering multiplied by the last price per share which was offered to tenants
in occupancy prior to the effective date of the plan, regardless of the number
of sales made.
With respect to condominium conversions, the sum of the cost of all
units in the offering at the last price which was offered to tenants in occupancy
prior to the effective date of the plan, regardless of the number of sales
made.
A.
Within thirty (30) days after the closing of a conversion
pursuant to an offering plan, the offeror shall establish and transfer to
the cooperative corporation or condominium board of managers a reserve fund,
to be used exclusively for making capital repairs, replacements and improvements
necessary for the health and safety of the residents of such buildings. Such
reserve fund shall be exclusive of any other funds required to be reserved
under the plan or applicable law or regulation of the State Attorney General,
except a fund for capital repairs, replacements and improvements, which is
substantially similar in purpose to and in an amount not less than the reserve
fund mandated by this section. Such reserve fund also shall be exclusive of
any working capital fund and shall not be subject to reduction for closing
apportionments.
B.
Such fund shall be established in an amount equal to
either three percent (3%) of the total price or three percent (3%) of the
actual sales price of all cooperative shares or condominium units sold by
the offeror at the time the plan is declared effective; provided, however,
that if such amount is less than one percent (1%) of the total price, then
the fund shall be established as a minimum of one percent (1%) of the total
price, plus supplemental contributions, to be made by the offeror at a rate
of three percent (3%) of the actual sales price of cooperative shares or condominium
units for each unit or its allocable shares held by the offeror and sold to
bona fide purchasers subsequent to the effective date of the plan and within
sixty (60) months of the closing of the conversion pursuant to such plan,
notwithstanding that if sixty-one (61) months after the closing of the conversion
pursuant to such plan the total contributions by the offeror to the fund are
less than three percent (3%) of the total price, the offeror shall pay the
difference between the amount contributed and three percent (3%) of the total
price. Supplemental contributions shall be made within thirty (30) days of
each sale.
C.
The contributions required pursuant to this section may
be made earlier or in an amount greater than so provided. An offeror may claim
and receive credit against the mandatory initial contribution to the reserve
fund for the actual cost of capital replacements which he or she has begun
after the plan is submitted for filing to the State Department of Law and
before the plan is declared effective; provided, however, that any such replacements
must be set forth in the plan, together with their actual or estimated costs,
and further provided that such credit shall not exceed the lesser of the actual
cost of the capital replacements or one percent (1%) of the total price.
D.
Any building, construction of which was completed within
three (3) years prior to the closing of a conversion pursuant to an offering
plan, shall be exempt from the requirements of this section.
The cooperative corporation or condominium board of managers shall report to shareholders and unit owners on a semiannual basis with respect to all deposits into and withdrawals from the reserve fund mandated by § 74-4 of this chapter.
The offeror, not later than the 30th day following the acceptance of
a plan for filing by the State Department of Law pursuant to § 352-eee
of the General Business Law and until the closing of the conversion pursuant
to such plan, shall post and maintain in a prominent place, accessible to
all tenants in each building covered by the plan, a listing of all violations
of record against such buildings. All newly issued violations shall be posted
within forty-eight (48) hours of their issuance and maintained as described
above. The offeror may satisfy the requirements of this section by designating
an agent on the premises with whom such listing shall be made available for
inspection by the tenants.
Where, pursuant to law or regulation, an offeror is required to file
a report with the State Department of Law describing the condition of the
physical aspects of the premises to be converted and the surrounding neighborhood,
a copy of such report shall be submitted simultaneously to the Village Clerk.
Any provision in any contract to purchase or agreement between an offeror
and the cooperative corporation or the condominium board of managers, pursuant
to a conversion plan, purporting to waive the provisions of this chapter shall
be void as against public policy.
A.
Except as otherwise provided in Subsection B of this section, any person who knowingly violates or assists in the violation of any provision of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars ($100.) nor more than one thousand dollars ($1,000.). Except as otherwise provided in Subsection B of this section, any person who violates or assists in the violation of any provision of this chapter shall be subject to a civil penalty of one hundred dollars ($100.) per day per unit for each day that a building is not in compliance with the provisions of such sections; provided, however, that such civil penalty shall not exceed one thousand dollars ($1,000.) per unit.
B.
Any person who knowingly violates or assists in the violation of any provision of § 74-4 of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than two (2) times the amount required to be reserved by said § 74-4 which was not so reserved. Any person who violates or assists in the violation of § 74-4 shall also be subject to a civil penalty of one thousand dollars ($1,000.) per day for each day that the reserve fund required by § 74-4 is not established; provided, however, that such civil penalty shall not exceed the amount required to be reserved pursuant to § 74-4.
C.
In addition to any penalty provided in this chapter,
any other action or proceeding in any court of competent jurisdiction that
may be appropriate or necessary for the enforcement of the provisions of this
chapter may be brought in the name of the village, including actions to secure
permanent injunctions enjoining any acts or practices which constitute a violation
of any provision of this chapter, mandating compliance with the provisions
of this chapter or for such other relief as may be appropriate. In any such
action or proceeding, the village may apply to any court of competent jurisdiction,
or to a Judge or justice thereof, for a temporary restraining order or preliminary
injunction enjoining and restraining all persons from violating any provisions
of this chapter mandating compliance with the provisions of this chapter,
or for such other relief as may be appropriate, until the hearing and determination
of such action or proceeding and the entry of final judgment or order therein.
The court, or judge or justice thereof, to whom such application is made,
is hereby authorized forthwith to make any or all of the orders above specified
as may be required in such application, with or without notice, and to make
such other or further orders or directions as may be necessary to render the
same effectual. No undertaking shall be required as a condition of the granting
or issuing of such order or by reason thereof.
D.
Nothing contained in this section shall impair any rights,
remedies or causes of action accrued or accruing to purchasers of cooperative
shares or condominium units.
E.
The Code Official of the village are empowered to enforce
the provisions of this chapter.
