Bill to Restrict Autonomy of Boards

During the 2015-2016 session of the New York State Legislature a number of bills were sponsored, but not enacted.  One of them is of special concern to all co-operators and condominium owners throughout the state.  Operating from its stated premises that during the review of applications, a Board of Directors may “illegally discriminate against a purchaser of cooperative housing” and “that the process for purchasing a cooperative dwelling include additional safeguards to protect against illegal discrimination”.

As everyone who has ever served on a Board of Directors is fully aware there are many laws at all levels of government that protect against immoral discrimination and provide for sanctions against those who engage in such illegal activity.  Further, Boards operate under the close scrutiny of their shareholders, attorneys and managers and neither should any of those people should be assumed to be engaged in illegal activity (as the proposed bill suggests).

Nevertheless, there are a few outside of the City of New York and outside of Westchester county who would (perhaps unknowingly) seek to impose grossly unnecessary and unwarranted sanctions and limitations on the actions of Boards of Directors – as are detailed in last year’s proposed Bill (S-5644).  The full text of the bill can be found here.

It is fervently hoped that this bill, in any form or modification, will not be reintroduced.  ARC joins its sister organizations from throughout New York City and Westchester in a unified front to oppose the legislation.  It is hoped that you will review the text of the old bill and encourage your elected officials to strongly oppose any effort in its behalf.

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