N.Y. Real Property Law Section 233-C
Residential ground lease cooperative apartment buildings


1.

Wherever used in this section:

(a)

The term “residential ground lease cooperative apartment building” means any and all buildings, improvements or other structures located in the state of New York occupied, owned or leased in whole or in part by a ground lease residential cooperative, or any subsidiary or affiliate thereof, pursuant to a subject residential cooperative ground lease.

(b)

The term “ground lease residential cooperative” means any New York corporation organized or operating as a housing development fund corporation, New York cooperative corporation or cooperative housing corporation, including any entity meeting the definition thereof for federal income tax purposes, or any person or entity that is a tenant in common, co-tenant or joint owner with any such corporation, or which is, directly or indirectly through a subsidiary or affiliate thereof, a party to a subject residential cooperative ground lease.

(c)

The term “subject residential cooperative ground lease” means the lease agreement, together with any amendments or other related agreements including any forbearance, settlement, tenancy in common or other similar agreements related thereto, pursuant to which a ground lease residential cooperative leases, occupies or otherwise uses for residential, commercial, or other ancillary purposes the ground lease real property from one or more subject ground lease owners.

(d)

The term “ground lease real property” means all real property, including improvements thereon, all or any portion of which is leased, rented, licensed or otherwise provided for use to a ground lease residential cooperative pursuant to a subject residential cooperative ground lease, including any portion thereof that may be subleased or otherwise used for ancillary retail, parking, or commercial purposes.

(e)

The term “subject ground lease owners” means any and all persons or entities, whether natural persons, estates, trusts, corporations, partnerships or other entities, other than any excepted ground lease owner, that holds title to or is the owner, whether by the entirety, as tenants in common or otherwise, of ground lease real property or is otherwise the landlord under any subject residential cooperative ground lease.

(f)

The term “excepted ground lease owner” means (i) the United States federal government, the state of New York, the city of New York, and any agency, municipality or political subdivision of any of the foregoing thereof, any entity owned or controlled by any of the foregoing, including but not limited to, the Battery Park city authority, the Roosevelt Island Operating Corporation, the Queens West Development Corporation, the Brooklyn Bridge Park Development Corporation, the New York City Educational Construction Fund, and the New York City Housing Authority, (ii) any charity approved under section 501(c) of the internal revenue code which acquired its interest as the owner or landlord of a ground lease real property prior to January first, two thousand twenty-four, and

(iii)

any Indian nation, tribe or band as such lands are described under and protected by the Indian law or title twenty-five of the United States Code, but shall exclude any private foundation within the meaning of section five hundred nine of the internal revenue code.

2.

Notwithstanding any term of a subject residential cooperative ground lease to the contrary, if a subject residential cooperative ground lease authorizes the ground lease residential cooperative to renew or extend its lease at the sole option of the ground lease residential cooperative, then the ground lease residential cooperative may exercise such right to renew or extend at any time prior to the expiration of the subject residential cooperative ground lease in accordance with all other terms thereof. * NB Effective December 26, 2024

Source: Section 233-C — Residential ground lease cooperative apartment buildings, https://www.­nysenate.­gov/legislation/laws/RPP/233-C (updated Oct. 4, 2024; accessed Oct. 26, 2024).

220
Action for use and occupation
221
Rent due on life leases recoverable
222
When rent is apportionable
223
Rights where property or lease is transferred
223‑A
Remedies of lessee when possession is not delivered
223‑B
Retaliation by landlord against tenant
224
Attornment by tenant
225
Notice of action adverse to possession of tenant
226
Effect of renewal on sub-lease
226‑A
Effect of new lease on tenant’s right to remove fixtures or improvements
226‑B
Right to sublease or assign
226‑C
Notice of rent increase or non-renewal of residential tenancy
227
When tenant may surrender premises
227‑A
Termination of residential lease by senior citizens or individuals with a disability moving to a residence of a family member or entering...
227‑B
Termination of certain contracts by senior citizens
227‑C
Termination of residential lease by victims of domestic violence
227‑D
Discrimination based on domestic violence status
227‑E
Landlord duty to mitigate damages
227‑F
Denial on the basis of involvement in prior disputes prohibited
228
Termination of tenancies at will or by sufferance, by notice
229
Liability of tenant holding over after giving notice of intention to quit
230
Right of tenants to form, join or participate in tenants’ groups
231
Lease, when void
231‑A
Sprinkler system notice in residential leases
231‑B
Flood history and risk notice in residential leases
231‑C
Good cause eviction law notice
232
Duration of certain agreements in New York
232‑A
Notice to terminate monthly tenancy or tenancy from month to month in the city of New York
232‑B
Notification to terminate monthly tenancy or tenancy from month to month outside the city of New York
232‑C
Holding over by a tenant after expiration of a term longer than one month
233
Manufactured home parks
233‑A
Sale of manufactured home parks
233‑B
Manufactured home parks
233‑B*2
Campgrounds
233‑C
Residential ground lease cooperative apartment buildings
234
Right to recover attorneys’ fees in actions or summary proceedings arising out of leases of residential property
234‑A
Unauthorized legal fees
235
Wilful violations
235‑A
Tenant right to offset payments and entitlement to damages in certain cases
235‑B
Warranty of habitability
235‑BB
Certificates of occupancy
235‑C
Unconscionable lease or clause
235‑D
Harassment
235‑E
Duty to provide a written receipt
235‑F
Unlawful restrictions on occupancy
235‑G
Electronic billing and/or payment of rent
235‑H
Waiver of right to bring a declaratory judgment action
235‑I
Unreasonable tenant fees for reproductions of keys
236
Assignment of lease of a deceased tenant
236‑A
Termination of lease of a deceased tenant
237
Discrimination in leases with respect to bearing of children
237‑A
Discrimination against children in dwelling houses and manufactured home parks
238
Agreements or contracts for privileges to deal with occupants of tenements, apartment houses or bungalow colonies
238‑A
Limitation on fees

Accessed:
Oct. 26, 2024

Last modified:
Oct. 4, 2024

§ 233-C’s source at nysenate​.gov

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