2006 New York Code - Rents

 
    §  339-kk. Rents. (a) For the purposes of this section, "non-occupying
  owner" shall mean a unit owner in a condominium association who does not
  occupy the dwelling unit.
    (b) If a non-occupying owner rents  any  dwelling  unit  to  a  rental
  tenant  and  then  fails  to  make  payments  due  for  common  charges,
  assessments or late  fees  for  such  unit  within  sixty  days  of  the
  expiration  of  any  grace  period  after  they  are due, upon notice in
  accordance with subdivision (c) of this  section,  all  rental  payments
  from   the   tenant   shall  be  directly  payable  to  the  condominium
  association.
    (c) If the common charges, assessments or late fees due for  any  unit
  have  not  been  paid in full, within sixty days after the expiration of
  any grace period of the earliest due date, the board of  managers  shall
  provide  written  notice  to  the  tenant  and  the  non-occupying owner
  providing that, commencing  immediately  and  until  such  time  as  all
  payments  for common charges, assessments or late fees are made current,
  all rental payments due subsequent to the issuance of such notice are to
  be made payable to the condominium association at the address listed  on
  the  notice.  Where a majority of the board of managers has been elected
  by and from among the unit owners who are in occupancy,  the  board  may
  elect  not  to  require  that  rental  payments  be  made payable to the
  condominium association. At such time as payments  for  common  charges,
  assessments  and  late  fees from the non-occupying owner are once again
  current, notice of such fact shall be given within three  business  days
  to  the  rental  tenant  and  non-occupying owner. Thereafter all rental
  payments  shall  be  made  payable  to  the  non-occupying  owner  or  a
  designated  agent.  A non-occupying owner who disputes the association's
  claim to rental payments pursuant to this section shall be  entitled  to
  present  facts  supporting  such  owner's position at the next scheduled
  meeting of the board of managers, which must be held within thirty  days
  of  the  date  that  such board receives notice that such owner seeks to
  dispute such claim.
    (d) Nothing in this section shall limit any rights of unit  owners  or
  of the board of managers existing under any other law or agreement.
    (e)  Payment by a rental tenant to the condominium association made in
  connection with this section shall relieve that rental tenant  from  the
  obligation  to  pay such rent to the non-occupying owner and shall be an
  absolute  defense  in  any  non-payment  proceeding  commenced  by  such
  non-occupying owner against such tenant for such rent.