By the numbers: The bill originally applied to all NYC multifamily with three or more units. The Commissioner of Housing Preservation and Development would have regulatory and administrative responsibility for the program.
The amended version made the following updates:
- Multifamily Building Criteria: The waiting periods would apply only to 4+ unit multifamily properties that also are experiencing distress or have expiring affordability protections. The bill lists the specific distress criteria (foreclosure, fine, or safety related), but the regulator would have the power to expand the criteria.
- Vacant Lots Included: The COPA timelines also would apply to vacant lots zoned for multifamily.
- Time Periods Adjusted: The time periods below can be extended by the commissioner. Overall, the minimum time could lengthen the sales timeline by at least six months.
- Owners must file a notice of intent to sell at least five days before listing.
- Nonprofits have 45 days to submit a statement of interest.
- Interested nonprofits have 90 days to submit a bona fide offer.
- The owner must act on the offer within 10 days. If accepted, the nonprofit has 30 days to execute a contract of sale.
- If rejected, the owner must still notify the interested nonprofit if another buyer puts in an offer and then gives the interested nonprofit 15 days to execute a right of first refusal.
- Penalty Increased: Noncompliant sales would be charged a penalty of 3% of the sales price. The fine was originally $30,000.
The big picture: While the changes narrowing the scope indicate that the bill was not necessarily on a glide path to enactment, the original legislation has nearly enough councilmembers as sponsors to override a mayoral veto.
- The national conversation on housing affordability has also encouraged progressive advocates to work on advancing similar bills.
- CREFC will continue to monitor the situation and alert members on any further developments.
Please contact David McCarthy (dmccarthy@crefc.org) with questions.