In 2009, Suffolk County passed the Suffolk County Cooperative Housing Law seeking to, among other things, “require cooperative boards or associations to give potential buyers written notice of the grounds for a rejection of a potential buyer’s application for purchase.”
It operates in tandem with Suffolk County’s Human Rights Law which, among other things, makes it unlawful to discriminate against a protected class in the context of housing.
But what should you remember about the application process in order to comply with this Co-op Law?
For one, the Suffolk County Cooperative Housing Law law requires that every application provided to a prospective buyer must:
- set forth the requirements for purchase of a unit; and
- a notice advising how the applicant may access information on fair housing and antidiscrimination laws.
In addition to those requirements as to form, there are also certain timelines to which a Board must adhere.
- Within 10 days of receipt of a completed application, the Board must provide the prospective purchaser with a written acknowledgment of receipt of the purchase application;
- Within 10 days of receipt of an application deemed incomplete, the prospective purchaser is entitled to an acknowledgment of receipt, but with instructions as to the time and manner by which the application must be corrected; and
- Within 45 days of receipt of an application, the Board must provide its determination — and in the case of any rejection, the applicant is entitled to a written explanation of the rejection.
What kind of teeth does this law have?
A failure to adhere to these timelines will likely work to a Board’s detriment if the prospective purchaser files a complaint with the Human Rights Commission.
Not sure if your application or your application process complies with this law? Contact us for a complimentary evaluation.
Laura Endres, Partner (laura@taylor-eldridge.com)
Beth Gazes, Associate (beth@taylor-eldridge.com)
