Although New York does not have regulations that are specifically designed for homeowners associations, there are some laws that may still apply to them. Learn about the different New York HOA laws here.
There are two statutes that govern real properties in New York. The first is the New York Real Property Law (RPL), which contains provisions regulating the operation, authority, and management of real properties in the state.
The second is the New York Real Property Actions and Proceedings Law (RPAPL). This one contains provisions regulating the actions associated with real property in the state. This includes homeowners associations and condominiums.
You can find the New York Real Property Law under the Consolidated Laws of New York. It consists of 20 articles, listed below.
You can find the New York Real Property Actions and Proceedings Law under the Consolidated Laws of New York. It contains 23 articles, namely:
The New York Condominium Act regulates the creation, authority, operation, and management of condominium associations established under this Act. Most of the condominiums in the state are unincorporated associations created under the New York Condominium Act.
You can find this Act under the New York Real Property Law within the Consolidated Laws of New York. It consists of 35 sections, listed below.
In terms of corporate governance, there are three New York laws that apply. The first is the New York Not-For-Profit Corporation Law, which applies to non-profit corporations. Most of the associations in New York are formed as non-profits and are, therefore, subject to this law.
The second is the New York Business Corporation Law, which regulates the creation and operation of corporations in the state. A majority of cooperative associations in New York adhere to the Business Corporation Law.
Finally, the last is the New York Cooperative Corporations Law. This law regulates cooperative corporations that form under this statute. Interestingly, such cooperative corporations must also comply with some of the provisions found in the Business Corporation Law.
You can find the New York Business Corporation Law within the Consolidated Laws of New York. It contains 18 articles, namely:
You can find the New York Cooperative Corporations Law within the Consolidated Laws of New York. There are 9 articles under this law, listed below.
The HOA laws of New York also cover Fair Housing on a state level similar to the protections offered by the federal Fair Housing Act. The New York State Human Rights Law prohibits discrimination in housing and public accommodation, among other things, based on color, race, national origin, creed, sex, gender identity or expression, sexual orientation, age, marital status, familial status, military status, lawful source of income, or disability.
Violations of the Fair Housing laws in New York can be reported to the New York State Division of Human Rights or the U.S. Department of Housing and Urban Development. Victims may also choose to file a private lawsuit.
Apart from the federal Fair Housing Act and the Americans with Disabilities Act, New Yorkers with service or assistance animals are protected by several state laws. This includes the New York Civil Rights Laws, the Rights of Persons With a Disability Accompanied By Guide Dogs, Hearing Dogs or Service Dogs, and New York Executive Law Section 296.