What's happening
This bill allows shareholders in residential co-ops to appeal board decisions to a hearing officer appointed by the attorney general.
Why it matters
Creates an external appeals mechanism. By allowing shareholders to contest board decisions before a state-appointed hearing officer, the bill introduces an independent review process, potentially reducing the power imbalance between residents and co-op boards.
Introduces state oversight in co-op governance. The involvement of the attorney general’s office in appointing hearing officers increases public oversight, which could lead to more standardized and transparent dispute resolution in residential co-ops.
Establishes specific timelines and procedures. The bill mandates that hearings occur within 60 days of filing, providing a clear and timely process for resolving disputes, which can be critical for shareholders facing urgent issues like repairs, renovations, or occupancy rights.
Could set a precedent for broader tenant protections. If effective, this framework might inspire similar dispute resolution mechanisms in other forms of shared or multifamily housing, potentially expanding rights and recourse for residents statewide.
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Who cares
Headline styles
Let Co-op Owners Appeal Decisions
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to corporations, authorities and commissions
- Referred to corporations, authorities and commissions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Co-op Dispute Appeal Process
In Senate Committee · Corporations, Authorities And Commissions · Sponsor Phil Boyle
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4843
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
Introduced by M. of A. GARBARINO -- Multi-Sponsored by -- M. of A. COLTON, COOK, FINCH, LAVINE, MONTESANO, PALUMBO, RA -- read once and referred to the Committee on Corporations, Authorities and Commissions
AN ACT to amend the cooperative corporations law and the executive law, in relation to providing for the resolution of disputes between the board of directors of residential cooperative corporations and a shareholder to be determined by a hearing officer appointed by the attorney general
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The cooperative corporations law is amended by adding a new section 78 to read as follows:
§ 78. Disputes to be heard by attorney general; residential cooperative. A shareholder in a cooperative corporation which owns residential real property may appeal any decision by such corporation's board of directors to a hearing officer appointed by the attorney general pursuant to subdivision seventeen of section sixty-three of the executive law. A hearing upon such appeal shall be heard within sixty days of the filing thereof with the department of law, with notice to the board of directors. The hearing officer shall provide each party an opportunity to be heard and render final determination based on the evidence and testimony presented at the hearing.
§ 2. Section 63 of the executive law is amended by adding a new subdivision 17 to read as follows:
17. Establish an appeals process for the determination of disputes between shareholders and the boards of directors of cooperative corporations pursuant to section seventy-eight of the cooperative corporations law. The attorney general shall appoint and empower such hearing officers as shall be necessary to hear and determine such appeals.
§ 3. This act shall take effect immediately, except that section one of this act shall take effect on the first of January next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04372-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.