02/08/2019
BUYER’S BILL OF RIGHTS
FOR WESTCHESTER COUNTY CO-OP BUYERS
As of December 14, 2018, if you are a prospective buyer for a Co-Op unit located within Westchester County, NY, you now have the following legal rights regarding your Board Application:
A co-op will have 15 days to determine whether an application from a prospective buyer is complete. If an application is not complete a buyer will be notified of the deficiencies, and offered an opportunity to make the necessary changes. After re-submission the 15 days can start again.
After 15 days without further notification an application is deemed complete. The co-op will then have 60 days to process the application and make a decision whether an applicant is accepted or rejected.
If the co-op fails to render a decision within 60 days the buyer or seller may want to contact the Westchester County Human Rights Commission.
In the event of a rejection of a prospective purchaser, a notice must be sent within 15 days to the Westchester County Human Rights Commission. This can be done in whatever manner the Co-op Board of Directors conveys the news of the rejection” to the applicant.
If you are involved in a failed co-op transaction you have the right to notify the Human Rights Commission yourself to ensure compliance by the co-op boards and managing agents.
Any board that fails to notify the Human Rights Commission within 15 days will be subject to a fine of $1,000 for the first offense; $1,500 for the second offense; and $2,000 for the third and any subsequent offense.
Upon notification of a denial the Westchester County Human Rights Commission may call for an investigation. Buyers, sellers, Realtors, or any other party involved in a co-op transaction may also request the Human Rights Commission conduct an investigation.
We strongly urge buyers to retain a copy of all paperwork submitted to the Board of Directors and Managing Agent since they may be necessary in case of an investigation.
The Human Rights Commission will watch for patterns and practices of co-ops that have frequent rejections.
The legislation “sunsets” three years from the date that the bill becomes law.
Housing discrimination is the denial of equal opportunity in the rental, purchase, financing, and insuring of homes to people in a protected class. If you feel that you have been the victim of housing discrimination based on one of the federal, state or county protected classes, there are many agencies or organizations where you can file a complaint.
