N.Y. Real Property Law 339-F – Application of article
§ 339-f. Application of article. 1. This article shall be applicable only to property the sole owner or all the owners of which submit the same to the provisions hereof by duly executing and recording a declaration as hereinafter provided.
Terms Used In N.Y. Real Property Law 339-F
- Building: means a multi-unit building or buildings, or a group of buildings whether or not attached to each other, comprising a part of the property. See N.Y. Real Property Law 339-E
- Declaration: means the instrument by which the property is submitted to the provisions of this article, as hereinafter provided, and such instrument as from time to time amended, consistent with the provisions of this article and of the by-laws. See N.Y. Real Property Law 339-E
- Property: means and includes the land, the building and all other improvements thereon, (i) owned in fee simple absolute, or (ii) in the case of a condominium devoted exclusively to non-residential purposes, held under a lease or sublease, or separate unit leases or subleases, the unexpired term or terms of which on the date of recording of the declaration shall not be less than thirty years, or (iii) in the case of a qualified leasehold condominium, held under a lease or sublease, or separate unit leases or subleases, the unexpired term or terms of which on the date of recording of the declaration shall not be less than fifty years, and all easements, rights and appurtenances belonging thereto, and all other property, personal or mixed, intended for use in connection therewith, which have been or are intended to be submitted to the provisions of this article. See N.Y. Real Property Law 339-E
2. Such property shall be submitted and subject to the authority of and review by the county planning agency as set forth in section two hundred thirty-nine-n of Article 12-B of the general municipal law, irrespective of and notwithstanding the distance requirement of the second unnumbered paragraph of such section, and as though the property were a subdivision plat subject to such section. This subdivision shall not be applicable to:
(i) property which has received local planning board approval prior to December twenty-first, nineteen hundred seventy-eight; or
(ii) property submitted to the provisions of this article on which any building or buildings or any portion thereof has been rented to any tenant or tenants.