New York City COPA Bill Amended
December 9, 2025
The New York City Council has released an updated version of the Community Opportunity to Purchase Act (COPA) Int 0902-2024 that would mandate a time window to allow qualified nonprofits the right of first refusal on multifamily properties.
Why it matters: As originally drafted, the broad scope of the legislation would have applied an additional waiting period and processes to every multifamily building in the city. The revised bill narrows the scope, but it could still have a negative impact.
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 only apply 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 developments and alert members on any developments.
Please contact David McCarthy (dmccarthy@crefc.org) with questions.
Contact
David McCarthy
Managing Director,
Chief Lobbyist, Head of Legislative Affairs
202.448.0855
dmccarthy@crefc.orgThe information provided herein is general in nature and for educational purposes only. CRE Finance Council makes no representations as to the accuracy, completeness, timeliness, validity, usefulness, or suitability of the information provided. The information should not be relied upon or interpreted as legal, financial, tax, accounting, investment, commercial or other advice, and CRE Finance Council disclaims all liability for any such reliance. © 2025 CRE Finance Council. All rights reserved.