CALL TO ORDER

With a quorum present, {MinutesOpenedBy} called the meeting to order at {MinutesOpened:h:mm tt}.

Roll Call

Others In Attendance: BOL: John Testa, Kitley Covill, MaryJane Shimsky, Nancy Barr LAW: John Nonna, Stacey Dolgin-Kmetz Guests: Barry Kramer

MINUTES APPROVAL
I. ITEMS FOR DISCUSSION

Meeting jointly with Legislation.

Guests:

LAW: County Attorney John Nonna and Chief Deputy County Attorney Dolgin-Kmetz

 

1. RES-2018-155 : PH - Cooperative Housing Corporation Disclosure Law Signed by Committee

A RESOLUTION setting a Public Hearing on a proposed "LOCAL LAW amending Chapter 700 to the Laws of Westchester County relating to applications for prospective purchasers of stock in Cooperative Housing Corporations." [Public Hearing set for October 29, 2018, at 7:30 p.m.; Local Law Intro No. 10626-2018]

With a motion by Legislator Boykin and seconded by Legislator Borgia the item was approved with a vote of 7-0.

a. PH-Cooperative Housing Corporation Disclosure Law-DRAFT
b. PH-Cooperative Housing Corporation Disclosure Law-DRAFT 2
c. PH-Cooperative Housing Corporation Disclosure Law- DRAFT 3
d. PH-Cooperative Housing Corporation Disclosure Law- SIGNED BY COMMITTEE
2. LL-2018-11 : Housing Corporation Disclosure Law Pending

A proposed "LOCAL LAW amending Chapter 700 to the Laws of Westchester County relating to applications for prospective purchasers of stock in Cooperative Housing Corporations."

 

County Attorney John Nonna and Chief Deputy County Attorney Dolgin-Kmetz joined the Committee to continue the discussion on the proposed (ID # 11060/11626)  Local Law: Cooperative Housing Corporation Disclosure Law.  Before the members is a new Draft (#3) that eliminates the requirement for a reason, and instead requires a copy be sent to the Human Rights Commission stating the reason for rejection.  They have also added a sunset provision.  Legislator Borgia spoke on the reason for the sunset provision.  After hearing both testimony form both the realtors and Coop Boards, it was suggested that data be collected and rather then hold up the legislation we put in the sunset provision;  "This Local Law should take effect immediately and shall expire and be deemed repealed 3 years subsequent there to."  The law also changes the times frame in which a purchaser has to apply from 10 to 15 days and changes the time frame the Boards have to respond once an application is deemed completed from 45 - 60 days.  Questions and discussion were held regarding the authority of the Human Right Commission and if they had the power to collect the information under the Fair Housing Law, do we (Board of Legislators) need to give them the authority or do they only have the authority to act if a complaint has been made?

County Attorney Nonna discussed that this issues fall between public and policy law,  The origin of the law that concerns Boards were rejecting applicants due to discriminatory actions.  This local law would be a part of the Fair Housing Law.  He said that the issue that could arise is, how do we know discrimination is happening? The new draft leaves it in the hands of the Human rights Commission.  They will compile the data,  initiate the complaint and then an investigation.

Discussion was held on the original purpose of the law.  Legislator Borgia explained that the new draft is a compromise between both sides.  She explained that in meetings both sides had valid points and that they felt the new draft was a compromise solution; collect data and activate the Human Right Commission to investigate. She went over the new terms of the Law, a coop board has 15 days to say if an application is complete.  Any time up to the 15th day they can go back and tell the purchaser that the application is incomplete.  They then have additional 15 days to review the application.  Once deemed complete the Board has 60 days to reject or approve the application and shall provide written notice.  In the case of rejection, a copy of the notice shall be sent to the Human Rights Commission.  The Committee discussed that they felt this was a good compromise but were not ready to move the Legislation forward.  They signed out the Public Hearing Resolution only.   Please refer to item #1 for votes.

a. LL - Cooperative Housing Corporation Disclosure Law - DRAFT
b. LL-Cooperative Housing Corporation Disclosure Law-DRAFT 2
c. LL-Cooperative Housing Corporation Disclosure Law- DRAFT 3
II. OTHER BUSINESS

Unfinished Business and any other agenda items to come before the Committee.

 

III. RECEIVE & FILE
ADJOURNMENT

Moved by Legislator Parker seconded by Legislator Maher the Committee adjourned at {MinutesClosed:h:mm tt}.