Who?mikejones! said:Quote:
Before taking any action to sell a Covered Property, an owner must deliver a formal notice of intent to sell to HPD and all certified Qualified Entities. Such notice must include detailed ownership information, unit counts, income and expense data, and a deadline of no fewer than 25 days for Qualified Entities to submit a statement of interest.
If no Qualified Entity timely responds, the owner is free to proceed with a sale in the open market. However, if a statement of interest is submitted, the owner is prohibited from marketing or selling the property outside of the COPA process during the statutory review period.Quote:
Once a Qualified Entity submits a statement of interest, the parties must enter into a confidentiality agreement, after which the owner is required to provide extensive due diligence materials, including rent rolls, financial statements, inspection reports, litigation history, and harassment findings.
The Qualified Entity then has 80 days, subject to extension by HPD, to submit a bona fide offer. During those 80 days, the owner may not pursue other offers. If an offer is made, the owner has a limited 10-day period to accept, reject, or counter. An acceptance or counteroffer triggers an additional 30-day window to enter into a contact of sale.
If all offers are rejected, or if a Qualified Entity fails to timely close, the owner may sell the property on the open market to a non-qualified purchaser under COPA, subject in certain circumstances, to a right of first refusal.Quote:
If an owner receives an offer it intends to accept from a non-qualified buyer within one year after rejecting a Qualified Entity's offer, the owner must provide notice of that offer to HPD and the Qualified Entity that previously submitted a bona fide offer. The Qualified Entity then has 15 days to elect to match the offer and must close on identical terms. If the Qualified Entity declines or fails to close, the owner's obligations under COPA are satisfied.Quote:
COPA expressly provides Qualified Entities with a private right of action to enforce its provisions. Owners found to have violated COPA may be subject to uncapped civil penalties, injunctive relief, and liability for the Qualified Entity's attorneys' fees and expert costs.
1. If you want to sell such property, you have to let NYC and its merry group of approved thiev...I mean ngos, know.
2. Then wait for a Qualified Entity to make an offer or not
3. If not, then you can sell it privately...but, if they make an offer and you reject it, but then find a private buyer within the same year, you must let the Qualified Entity match or not
While not confiscation per se, it is socialism wrapped up in a democrat socialist disguise. Qualified Entities are controlled by the govt.
So what defines a "Covered Property"?