This text of New York § 339-KK (Rents) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 339-kk. Rents.
(a)For the purposes of this section, "non-occupying\nowner" shall mean a unit owner in a condominium association who does not\noccupy the dwelling unit.\n (b) If a non-occupying owner rents any dwelling unit to a rental\ntenant and then fails to make payments due for common charges,\nassessments or late fees for such unit within sixty days of the\nexpiration of any grace period after they are due, upon notice in\naccordance with subdivision (c) of this section, all rental payments\nfrom the tenant shall be directly payable to the condominium\nassociation.\n (c) If the common charges, assessments or late fees due for any unit\nhave not been paid in full, within sixty days after the expiration of\nany grace period of the earliest due date, the board of managers shall\np
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§ 339-kk. Rents. (a) For the purposes of this section, "non-occupying\nowner" shall mean a unit owner in a condominium association who does not\noccupy the dwelling unit.\n (b) If a non-occupying owner rents any dwelling unit to a rental\ntenant and then fails to make payments due for common charges,\nassessments or late fees for such unit within sixty days of the\nexpiration of any grace period after they are due, upon notice in\naccordance with subdivision (c) of this section, all rental payments\nfrom the tenant shall be directly payable to the condominium\nassociation.\n (c) If the common charges, assessments or late fees due for any unit\nhave not been paid in full, within sixty days after the expiration of\nany grace period of the earliest due date, the board of managers shall\nprovide written notice to the tenant and the non-occupying owner\nproviding that, commencing immediately and until such time as all\npayments for common charges, assessments or late fees are made current,\nall rental payments due subsequent to the issuance of such notice are to\nbe made payable to the condominium association at the address listed on\nthe notice. Where a majority of the board of managers has been elected\nby and from among the unit owners who are in occupancy, the board may\nelect not to require that rental payments be made payable to the\ncondominium association. At such time as payments for common charges,\nassessments and late fees from the non-occupying owner are once again\ncurrent, notice of such fact shall be given within three business days\nto the rental tenant and non-occupying owner. Thereafter all rental\npayments shall be made payable to the non-occupying owner or a\ndesignated agent. A non-occupying owner who disputes the association's\nclaim to rental payments pursuant to this section shall be entitled to\npresent facts supporting such owner's position at the next scheduled\nmeeting of the board of managers, which must be held within thirty days\nof the date that such board receives notice that such owner seeks to\ndispute such claim.\n (d) Nothing in this section shall limit any rights of unit owners or\nof the board of managers existing under any other law or agreement.\n (e) Payment by a rental tenant to the condominium association made in\nconnection with this section shall relieve that rental tenant from the\nobligation to pay such rent to the non-occupying owner and shall be an\nabsolute defense in any non-payment proceeding commenced by such\nnon-occupying owner against such tenant for such rent.\n