N.Y. Real Property Law § 339-ee: Effect of other laws

§ 339-ee. Effect of other laws. 1. All units of a property which shall

be submitted to the provisions of this article shall be deemed to be

cooperative interests in realty within the meaning of section three

hundred fifty-two-e of the general business law. Article nine-A of this

chapter shall not apply to the property or any unit. Article eleven of

the tax law shall not apply to declarations or any lien for common

charges provided for in this article. Any provision of the multiple

dwelling law, the multiple residence law, or any state building

construction code as to multiple residences pursuant to the provisions

of article eighteen of the executive law, requiring registration by the

owner or other person having control of a multiple dwelling shall be

deemed satisfied in the case of a property submitted to the provisions

of this article by registration of the board of managers, such

registration to include the name of each unit owner and the designation

of his or her unit; each unit owner shall be deemed the person in

control of the unit owned by him or her, and the board of managers shall

be deemed the person in control of the common elements, for purposes of

enforcement of any such law or code, provided, however, that all other

provisions of the multiple dwelling law or multiple residence law,

otherwise applicable, shall be in full force and effect, and provided

further that in a city with a population of one million or more persons

registration required by a housing maintenance code of such city shall

be deemed satisfied in the case of a property submitted to the

provisions of this article by registration of the board of managers

which need not include the name of each unit owner and the designation

of his or her unit.

2. In the event the proceeds of a construction mortgage were applied

to construction of a unit of a condominium submitted to the provisions

of this article, or in the event that a unit submitted to the provisions

of this act was subject to a blanket mortgage whose proceeds were

applied exclusively to payment of the construction mortgage or to

capital expenditures or expenses for the development or operation of the

condominium, or to purchase of land or buildings for the condominium

provided that such purchase was no more than two years prior to the

recording of the declaration of condominium, and a mortgage recording

tax was duly paid on such construction or blanket mortgage in accordance

with article eleven of the tax law, then, as each unit is first

conveyed, there shall be allowed a credit against the mortgage recording

taxes (except the special additional mortgage recording tax imposed by

subdivision one-a of section two hundred fifty-three of the tax law)

that would otherwise be payable on a purchase money mortgage, said

credit to be in the amount resulting from the product of the purchaser's

pro rata percentage of interest in the common elements and the mortgage

tax already paid on the construction or blanket mortgage. No credit

shall be allowed under this subdivision (a) on account of the special

additional mortgage recording tax imposed by subdivision one-a of

section two hundred fifty-three of the tax law or (b) where the first

condominium unit is sold more than two years after the construction or

blanket mortgage was recorded.

3. Unless specifically exempted by a provision of this article, all

property subject to the provisions of this article shall continue to be

subject to all laws, rules and resolutions adopted by any county, city,

town or village for the health, safety and welfare of its inhabitants or

for regulation of the use of real property. Every county, city, town and

village shall continue to have all enforcement powers created by such

laws, rules or resolutions or the enabling acts of such laws, rules and

resolutions and may exercise those enforcement powers against any

violation involving property subject to the provisions of this article.

4. Any estimate of tax liability required by any rule adopted pursuant

to this article shall not be binding upon any municipality or public

official and any document containing such an estimate shall contain a

notice to that effect.