New York HOA Laws

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.

For Real Properties

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.

New York Real Property Law

You can find the New York Real Property Law under the Consolidated Laws of New York. It consists of 20 articles, listed below.

New York Real Property Actions and Proceedings Law

You can find the New York Real Property Actions and Proceedings Law under the Consolidated Laws of New York. It contains 23 articles, namely:

• Short Title; Definitions; Jurisdiction of Certain Actions; Construction of Act
• General Provisions Governing Real Property Actions
• Provisions Relating to Evidence
• Valuing Interests In Real Property
• Adverse Possession
• Action to Recover Real Property
• Summary Proceeding to Recover Possession of Real Property
• Special Proceedings By Tenants of Dwellings In the City of New York and the Counties of Nassau, Suffolk, Rockland and Westchester For Judgment Directing Deposit of Rents and the Use Thereof For the Purpose of Remedying Conditions Dangerous to Life, Health
• Special Proceeding For the Removal of Abandoned Manufactured Homes
• Waste and Other Actions and Rights of Action For Injury to Real Property
• Action For Partition
• Action For Dower
• Proceeding to Discover the Death of a Tenant For Life
• Other Actions and Proceedings Between Co-owners or Owners of Successive Interests
• Action to Foreclose a Mortgage
• Action to Compel the Determination of a Claim to Real Property
• Judicial Authorization of Sale, Lease, Mortgage, Acquisition, Exchange or Voluntary Partition
• Special Proceeding For Disposition of Real Property of Infant, Incompetent or Conservatee
• Special Proceeding For Release of Claim Against State of Infant or Incompetent For Appropriation of Real Property
• Discharge or Extinguishment of Encumbrances, Claims and Interests
• Special Proceeding to Convey Title to Abandoned Dwelling to City, Town or Village
• Enforcement of Covenants and Easements; Recovery of Damages For Breach of Covenant or Injury to Easement
• Effective Date; Laws Repealed

For Condominiums

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.

New York HOA Laws on Corporate Governance

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.

New York Not-For-Profit Corporation Law

New York Business Corporation Law

You can find the New York Business Corporation Law within the Consolidated Laws of New York. It contains 18 articles, namely:

New York Cooperative Corporations Law

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.

Fair Housing

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.

New York HOA Laws on Service and Assistance Animals

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.