2006 New York Code - Effect Of Other Laws.



 
    § 339-ee. Effect of other laws. 1. All units of a property which shall
  be  submitted  to  the  provisions of this article shall be deemed to be
  cooperative interests in realty within  the  meaning  of  section  three
  hundred  fifty-two-e of the general business law. Article nine-A of this
  chapter shall not apply to the property or any unit. Article  eleven  of
  the  tax  law  shall  not  apply  to declarations or any lien for common
  charges provided for in this article.  Any  provision  of  the  multiple
  dwelling  law,  the  multiple  residence  law,  or  any  state  building
  construction code as to multiple residences pursuant to  the  provisions
  of  article eighteen of the executive law, requiring registration by the
  owner or other person having control of a  multiple  dwelling  shall  be
  deemed  satisfied  in the case of a property submitted to the provisions
  of  this  article  by  registration  of  the  board  of  managers,  such
  registration  to include the name of each unit owner and the designation
  of his or her unit; each unit  owner  shall  be  deemed  the  person  in
  control of the unit owned by him or her, and the board of managers shall
  be  deemed the person in control of the common elements, for purposes of
  enforcement of any such law or code, provided, however, that  all  other
  provisions  of  the  multiple  dwelling  law  or multiple residence law,
  otherwise applicable, shall be in full force and  effect,  and  provided
  further  that in a city with a population of one million or more persons
  registration required by a housing maintenance code of such  city  shall
  be  deemed  satisfied  in  the  case  of  a  property  submitted  to the
  provisions of this article by registration  of  the  board  of  managers
  which  need  not include the name of each unit owner and the designation
  of his or her unit.
    2. In the event the proceeds of a construction mortgage  were  applied
  to  construction  of a unit of a condominium submitted to the provisions
  of this article, or in the event that a unit submitted to the provisions
  of this act was subject  to  a  blanket  mortgage  whose  proceeds  were
  applied  exclusively  to  payment  of  the  construction  mortgage or to
  capital expenditures or expenses for the development or operation of the
  condominium, or to purchase of land or  buildings  for  the  condominium
  provided  that  such  purchase  was  no more than two years prior to the
  recording of the declaration of condominium, and  a  mortgage  recording
  tax was duly paid on such construction or blanket mortgage in accordance
  with  article  eleven  of  the  tax  law,  then,  as  each unit is first
  conveyed, there shall be allowed a credit against the mortgage recording
  taxes (except the special additional mortgage recording tax  imposed  by
  subdivision  one-a  of  section  two hundred fifty-three of the tax law)
  that would otherwise be payable  on  a  purchase  money  mortgage,  said
  credit to be in the amount resulting from the product of the purchaser's
  pro  rata percentage of interest in the common elements and the mortgage
  tax already paid on the construction or blanket  mortgage.    No  credit
  shall  be  allowed  under this subdivision (a) on account of the special
  additional mortgage  recording  tax  imposed  by  subdivision  one-a  of
  section  two  hundred  fifty-three of the tax law or (b) where the first
  condominium unit is sold more than two years after the  construction  or
  blanket mortgage was recorded.
    3.  Unless  specifically  exempted by a provision of this article, all
  property subject to the provisions of this article shall continue to  be
  subject  to all laws, rules and resolutions adopted by any county, city,
  town or village for the health, safety and welfare of its inhabitants or
  for regulation of the use of real property. Every county, city, town and
  village shall continue to have all enforcement powers  created  by  such
  laws,  rules or resolutions or the enabling acts of such laws, rules and
  resolutions and  may  exercise  those  enforcement  powers  against  any
  violation involving property subject to the provisions of this article.
    4. Any estimate of tax liability required by any rule adopted pursuant
  to  this  article  shall  not be binding upon any municipality or public
  official and any document containing such an estimate  shall  contain  a
  notice to that effect.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.