N.Y. Real Property Law § 339-e: Definitions

§ 339-e. Definitions. As used in this article, unless the context

otherwise requires:

1. "Building" means a multi-unit building or buildings, or a group of

buildings whether or not attached to each other, comprising a part of

the property.

* 1-a. "Capital replacement" means a building-wide replacement of a

major component of any of the following systems:

(a) elevator;

(b) heating, ventilation and air conditioning;

(c) environmental and sustainability upgrades;

(d) plumbing;

(e) wiring;

(f) window; or

(g) a major structural replacement to the building; provided, however,

that major structural replacements made to cure code violations of

record shall not be included.

* NB Repealed November 5, 2031

2. "Common charges" means each unit's proportionate share of the

common expenses in accordance with its common interest.

3. "Common elements," unless otherwise provided in the declaration,

means and includes:

(a) The land on which the building is located;

(b) The foundations, columns, girders, beams, supports, main walls,

roofs, halls, corridors, lobbies, stairs, stairways, fire escapes, and

entrances and exits of the building;

(c) The basements, cellars, yards, gardens, recreational or community

facilities, parking areas and storage spaces;

(d) The premises for the lodging or use of janitors and other persons

employed for the operation of the property;

(e) Central and appurtenant installations for services such as power,

light, gas, hot and cold water, heating, refrigeration, air conditioning

and incinerating;

(f) The elevators, escalators, tanks, pumps, motors, fans,

compressors, ducts and in general all apparatus and installations

existing for common use;

(g) Such facilities as may be designated as common elements in the

declaration; and

(h) All other parts of the property necessary or convenient to its

existence, maintenance and safety, or normally in common use.

4. "Common expenses" means and includes:

(a) Expenses of operation of the property, and

(b) All sums designated common expenses by or pursuant to the

provisions of this article, the declaration or the by-laws.

5. "Common interest" means the (i) proportionate, undivided interest

in fee simple absolute, or (ii) proportionate undivided leasehold

interest in the common elements appertaining to each unit, as expressed

in the declaration.

6. "Common profits" means the excess of all receipts of the rents,

profits and revenues from the common elements remaining after the

deduction of the common expenses.

* 6-a. "Consummation of the preservation plan" means, in the context

of a preservation plan for the conversion of residential rental property

to condominium ownership that has been accepted for filing by the

department of law pursuant to section three hundred fifty-two-eeeee of

the general business law and subsequently amended to disclose that said

preservation plan has been declared effective, (i) the recording of the

declaration for the condominium and (ii) the closing of title to a

dwelling unit with a purchaser under the preservation plan.

* NB Repealed November 5, 2031

7. "Declaration" means the instrument by which the property is

submitted to the provisions of this article, as hereinafter provided,

and such instrument as from time to time amended, consistent with the

provisions of this article and of the by-laws.

* 7-a. "Income-restricted rental unit", as used in section three

hundred thirty-nine-mm of this article, means a unit that also meets the

definition of "income-restricted rental unit" set forth in section three

hundred fifty-two-eeeee of the general business law.

* NB Repealed November 5, 2031

8. "Majority" of unit owners means either (i) more than fifty per cent

in common interest in the aggregate, or (ii) more than fifty per cent in

number of units in the aggregate, or (iii) more than fifty per cent in

the aggregate in both common interest and in number of units, as may be

specified herein or in the declaration or the by-laws with respect to

any matter or matters. Any specified percentage of unit owners means (i)

such percentage in common interest in the aggregate, or (ii) such

percentage in number of units in the aggregate, or (iii) such percentage

in common interest and such percentage in number of units, as may be

specified herein or in the declaration or the by-laws with respect to

any matter or matters, provided, however, that different percentages in

interest and in number of units may be so specified.

* 8-a. "Offeror", as used in section three hundred thirty-nine-mm of

this article, means the offeror of a preservation plan to convert

residential rental property to condominium ownership pursuant to section

three hundred fifty-two-eeeee of the general business law, together with

their or its nominees, assignees and successors in interest.

* NB Repealed November 5, 2031

9. "Operation of the property" means and includes the administration

and operation of the property and the maintenance, repair and

replacement of, and the making of any additions and improvements to, the

common elements.

10. "Person" means a natural person, corporation, partnership,

association, trustee or other legal entity.

* 10-a. "Preservation plan", as used in section three hundred

thirty-nine-mm of this article, means an offering statement or

prospectus submitted to the department of law pursuant to section three

hundred fifty-two-eeeee of the general business law for the conversion

of a building or group of buildings or development from rental status to

condominium ownership, wherein the offeror documents that it has entered

into a regulatory agreement with a relevant housing finance agency in

which it agreed to an extended affordability term for the

income-restricted rental units.

* NB Repealed November 5, 2031

11. "Property" means and includes the land, the building and all other

improvements thereon, (i) owned in fee simple absolute, or (ii) in the

case of a condominium devoted exclusively to non-residential purposes,

held under a lease or sublease, or separate unit leases or subleases,

the unexpired term or terms of which on the date of recording of the

declaration shall not be less than thirty years, or (iii) in the case of

a qualified leasehold condominium, held under a lease or sublease, or

separate unit leases or subleases, the unexpired term or terms of which

on the date of recording of the declaration shall not be less than fifty

years, and all easements, rights and appurtenances belonging thereto,

and all other property, personal or mixed, intended for use in

connection therewith, which have been or are intended to be submitted to

the provisions of this article.

* 11-a. "Purchaser under the preservation plan", when used in section

three hundred thirty-nine-mm of this article, means a bona fide

purchaser under the preservation plan shall refer to a person who

purchases a dwelling unit from the offeror pursuant to the terms of a

preservation plan that has been accepted for filing by the attorney

general. A person or entity that acquires dwelling units and assumes

certain obligations of the offeror shall not be considered a purchaser

under the preservation plan.

* NB Repealed November 5, 2031

12. "Qualified leasehold condominium" means any leasehold interest in

real property intended to be used for either residential purposes,

commercial purposes, industrial purposes or any combination of such

purposes, together with any fee simple absolute or leasehold interest in

the buildings and all other improvements which have been or at any time

hereafter may be erected upon such real property, which has been or is

intended to be submitted to the provisions of this article, provided

that, on the date of the recording of the declaration: (i) the battery

park city authority or the Roosevelt Island operating corporation is the

holder of the tenant's interest in such leasehold interest or (ii) the

Queens West development corporation is the holder of the landlord's

interest in such leasehold interest or (iii) the Brooklyn bridge park

development corporation is the holder of the landlord's interest in such

leasehold interest, or (iv) the New York city educational construction

fund is the holder of the landlord's interest in such leasehold interest

for property located in the borough of Manhattan, in the city of New

York, bounded on the east by Second Ave, on the west by Third Avenue, to

the north by East Fifty-seventh Street, and to the south by East

Fifty-sixth Street.

* 12-a. "Qualified owner", as used in section three hundred

thirty-nine-mm of this article, shall refer to a unit owner that also

meets the definition of "qualified owner" as set forth in section three

hundred fifty-two-eeeee of the general business law.

* NB Repealed November 5, 2031

* 12-b. "Relevant housing finance agency", as used in section three

hundred thirty-nine-mm of this article, shall have the same meaning as

set forth in section three hundred fifty-two-eeeee of the general

business law.

* NB Repealed November 5, 2031

13. "Recording officer" and "recording" or "recorded" shall have the

meanings stated in section two hundred ninety of this chapter.

* 13-a. "Total price", when used in section three hundred

thirty-nine-mm of this article, means the sum of the cost of all units

in the offering, but excluding any income-restricted rental units owned

or to be transferred to a qualified owner, at the last price which was

offered to tenants in occupancy prior to the effective date of the

preservation plan regardless of the number of sales made.

* NB Repealed November 5, 2031

14. "Unit" means a part of the property intended for any type of use

or uses, and with an exit to a public street or highway or to a common

element or elements leading to a public street or highway, and may

include such appurtenances as garage and other parking space, storage

room, balcony, terrace and patio, but in no event may utility facilities

such as those for water or sewerage treatment or power generation appear

as single units.

15. "Unit designation" means the number, letter or combination thereof

or other official designations conforming to the tax lot number, if any,

designating the unit in the declaration and on the floor plans.

16. "Unit owner" means the person or persons owning a unit in fee

simple absolute or, in the case either (i) of a condominium devoted

exclusively to non-residential purposes, or (ii) a qualified leasehold

condominium, owning a unit held under a lease or sublease.