Laws & regulations impacting New York associations.

New York Real Property Law (RPL) — includes numerous provisions governing the ownership, management, and operation of real property in New York, including condominiums and community associations.
The New York Condominium Act, N.Y. Real Prop. Law art. 9-B (§§ 339-d et seq.), governs the formation, management, powers, and operation of condominium associations formed under it. Most condominiums in New York are unincorporated associations formed under the Act.
- Board of Managers of Village View Condominium v. Forman, 78 A.D.3d 627 (2d Dep't 2010). Upon the filing of a declaration (see RPL § 339-n), a condominium is subject to the jurisdiction of the Condominium Act (see RPL § 339-f).
Homeowners' association law — New York does not have a specific statute governing homeowners' associations. However, if an association is organized as a non-profit, it is governed by the New York Not-for-Profit Corporation Law. To the extent an association's activities implicate consumer-protection statutes, the association is subject to the enforcement power of the New York Attorney General.
New York Real Property Actions and Proceedings Law (RPAPL) — governs actions related to real property in New York, including condominiums and homeowners' associations. It establishes standards for adverse possession, actions to recover real property, special proceedings by tenants, mortgage foreclosure, and the enforcement of covenants and easements, among others.
The New York Not-for-Profit Corporation Law, N.Y. Not-for-Profit Corp. Law §§ 101 et seq., governs non-profits with regard to corporate structure and procedure. Most New York associations are non-profits governed by this law.
The New York Business Corporation Law, N.Y. Bus. Corp. Law §§ 101 et seq., provides the framework for the formation and operation of New York corporations. Most New York cooperative associations are organized under the Business Corporation Law and must abide by its provisions.
- Matter of Levandusky v. One Fifth Ave. Apt. Corp., 75 N.Y.2d 530 (1990). The Court held that the business-judgment rule applies to the actions of a cooperative's board of directors.
The New York Cooperative Corporations Law (CCO), N.Y. Coop. Corp. Law §§ 1–134, governs cooperative corporations organized under the statute. Such corporations are also subject to the Business Corporation Law (CCO § 5); sub-section (b) lists the Business Corporation Law provisions that do not apply to cooperative corporations.

Fair housing laws

Anti-discrimination protections in housing.

The New York State Human Rights Law (NYSHRL), N.Y. Exec. Law §§ 290–301, protects New Yorkers from discrimination in employment, places of public accommodation, and housing based on race, creed, color, national origin, sexual orientation, gender identity or expression, military status, sex, age, disability, marital status, lawful source of income, or familial status (§ 296(5)). It provides state-level protections similar to the federal Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). The NYSHRL is administered by the New York State Division of Human Rights.
The New York City Human Rights Law (NYCHRL), N.Y.C. Admin. Code §§ 8-101 et seq., contains anti-discrimination protections in employment, housing, and public accommodations in New York City. The housing-discrimination provisions are set forth under § 8-107(5)(a). Victims can file a complaint with the New York City Commission on Human Rights if the discriminatory act took place within or in connection with New York City.
Relevant statutes & regulations
- Discrimination Based on Gender Identity, 9 N.Y.C.R.R. § 466.13.
- Discrimination in leases with respect to bearing of children, N.Y. Real Prop. Law § 237.
- Discrimination against children in dwelling houses and manufactured home parks, N.Y. Real Prop. Law § 237-a.
- Equal Rights to Publicly-Aided Housing, N.Y. Civ. Rights Law §§ 18-a–19-b.
- Equal Rights in Places of Public Accommodation and Amusement, N.Y. Civ. Rights Law §§ 40–45.
- Public Housing, N.Y. Pub. Hous. Law § 223 (prohibition against discrimination), § 223-a (household pets), and § 223-b (hearing dogs).
- Rights of Persons With a Disability Accompanied By Guide Dogs, Hearing Dogs or Service Dogs, N.Y. Civ. Rights Law §§ 47–47-c.
- Commission on Human Rights, N.Y. Gen. Mun. Law §§ 239-o–239-t.

Service & assistance animals

Disability access and assistance animals.

Federal and New York non-discrimination laws prohibit public facilities and housing providers — including condominium, cooperative, and homeowners' associations — from discriminating against individuals with disabilities and their animals, even where "no pet" policies or rules are in place.

Federal laws

The Fair Housing Act (FHA) requires housing providers to make reasonable accommodations or exceptions to rules and policies to permit individuals with disabilities to use support or other assistance animals. 42 U.S.C. § 3604(f)(3). The FHA is administered by the U.S. Department of Housing and Urban Development (HUD).
The Americans with Disabilities Act (ADA) requires state and local governments and public accommodations (including public housing) to permit individuals with disabilities to use trained service dogs. 28 C.F.R. § 35.136; § 36.302(c). The ADA is administered by the U.S. Department of Justice.

New York laws (not all-inclusive)

The New York Civil Rights Law (NYCRL) contains numerous provisions establishing the right to equal treatment in public facilities, including the right of individuals with disabilities accompanied by a guide, hearing, or service dog.
Rights of Persons With a Disability Accompanied By Guide Dogs, Hearing Dogs or Service Dogs, N.Y. Civ. Rights Law §§ 47–47-c, provides that "[n]o person shall be denied admittance to and/or the equal use and enjoyment of any public facility solely because said person is a person with a disability and is accompanied by a guide dog, hearing dog or service dog." A public facility includes any public or private housing accommodation (§ 47(2)).
The law also prohibits any direct or indirect charge against an individual with a disability for the admittance of a guide, hearing, or service dog. N.Y. Civ. Rights Law § 47-b(2). Under § 47-b(4), a "guide dog" or "hearing dog" means a dog that is under the control of the person using or training it, consistent with the federal ADA Title III regulations at 28 C.F.R. § 36.302(c), and has been or is being trained to guide or otherwise aid a person with a disability.
Unlawful discriminatory practices, N.Y. Exec. Law § 296, prohibits discrimination against a blind person, a person who is deaf or hard of hearing, or a person with another disability because they are accompanied by a guide, hearing, or service dog (§ 296(14)); see also § 296(2).

State & city government agencies.

New York State

The New York Attorney General is the state's chief legal officer and is responsible for protecting consumers. The AG's office reviews and approves offering plans for co-op and condominium buildings and provides the following guidance to property owners:
The Department of State, Division of Licensing Services is responsible for regulating real estate brokers and salespersons.
The Division of Housing and Community Renewal works to protect affordable housing and increase homeownership.
The Department of Consumer Affairs — check whether a business, individual, or home-improvement contractor is licensed.
The Office of the Professions — obtain online license verifications.
The New York Real Estate Finance Bureau (NYREFB) investigates complaints related to wrongdoing by offerors of real estate securities, including developers or sponsors of condominiums, cooperatives, homeowners' associations, and timeshares. The Bureau does not have authority over complaints unrelated to the sponsor or developer.
NYREFB publications & memoranda
Find more publications ↗

New York City

New York City Buildings provides information related to New York City buildings, communities, and agency units, including data and reporting, a community portal, gas-utility reporting, licensing, and forms.
The Buildings Information System — find building information, including recorded complaints and violations, actions, applications, and inspections, as well as information about licensed tradespeople and general contractors.
The Department of Finance — Property Information — search for property information, including its tax class, market value, property-tax bills, and annual notices of property value (NOPV).
The NYC Department of Housing Preservation and Development.

HOA information

Association documents & records.

Finding an association's contact information

Visit HOPB's HOA Directory and select New York to reach the state's corporate registry (the New York Department of State, Division of Corporations entity search), where you can search under the name of the condominium, cooperative, community, or subdivision to find an association's corporate information, address of record, and registered agent or management company.

Inspection of books and records

Condominium associations — unit owners may submit a written request to inspect the association's floor plans, declaration, by-laws, and rules and regulations under N.Y. Real Prop. Law § 339-q. The board of managers must also keep detailed, accurate records of receipts and expenditures and make them available for unit owners to examine during convenient weekday hours, and must provide a written summary to all unit owners at least once a year. N.Y. Real Prop. Law § 339-w.
Case law
- A&A Properties NY Ltd. v. Soundings Condominium, 177 Misc. 2d 200 (N.Y. Sup. Ct. 1998). A condominium unit owner is entitled to a list of other unit holders for the purpose of soliciting votes in a challenge to a proposed by-law amendment.
- Pomerance v. McGrath, 104 A.D.3d 440 (N.Y. App. Div. 2013). The rationale that entitled a shareholder to examine a corporation's books and records at common law applies equally to a unit owner vis-à-vis a condominium.
- Pomerance v. McGrath, 143 A.D.3d 443 (N.Y. App. Div. 2016). The unit owner was entitled to inspect past, present, and future monthly financial reports, building invoices, redacted legal invoices, and board-meeting minutes.
- GDLC, LLC v. Toren Condominium, 2016 N.Y. Slip Op. 51653 (N.Y. Sup. Ct. 2016). The court granted a petition to inspect the condominium's financial statements, budget, an engineering report, and a confidential settlement agreement between the board and the sponsor/developer arising out of defective design and construction claims.
Cooperative corporations — under New York Business Corporation Law § 624(a) and (e), corporations must keep correct and complete books and records of account and minutes of the proceedings of their shareholders, board, and executive committee; upon written request of any shareholder, the corporation must provide an annual balance sheet and profit-and-loss statement for the preceding fiscal year.
Under § 624(b), a "shareholder of record of a corporation, upon at least five days' written demand[,] shall have the right to examine in person or by agent or attorney, during usual business hours, its minutes of the proceedings of its shareholders and record of shareholders and to make extracts therefrom for any purpose reasonably related to such person's interest as a shareholder."

Case law
- Sivin v. Schwartz, 22 A.D.2d 822 (N.Y. App. Div. 1964). Any stockholder, including one not of record, has a common-law right to inspect the stock books if the inspection is sought in good faith and for a valid purpose.

Obtaining association documents from the county records

An association's Declaration of Covenants, Conditions & Restrictions (the CC&Rs, deed agreement, or declaration), amendments, by-laws, lien notices, HOA notices, plats, maps, and other community documents can be found through the county recorder's office where the association is located. The CC&Rs must be recorded with the county land records to be enforceable.

Condominium & cooperative offering plans

The Real Estate Finance Bureau provides free access to condominium and cooperative offering plans — including plan details, building and statistical information, principals of the sponsor, and documents. Search by the name or address of the property, the assigned file number, or the sponsor or principal name. Find an offering plan ↗

Legal resources

Courts, statutes & legal help.

The New York State Assembly — search for your state representative and the legislation (statutory law) database.
The New York State Law Reporting Bureau — search New York State official court decisions.
The New York Courts — access court information, documents, rules, legal opinions, court cases, self-help services, and lawyer-referral services.
The New York State Bar Association — access a lawyer directory, lawyer-referral service, free or low-cost legal services, and information to verify a lawyer's standing or file a complaint.
LawHelp New York — free legal information for individuals who cannot afford an attorney.

New York HOA laws & resources.