NY Real Prop L § 339-EE (2021)
2021 New York Laws RPP - Real Property Article 9-B - Condominium Act 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.