Food for Thought regarding Co op Board Rejections in Queens NY, by Robert Kaplan, P.C., Queens Real Estate Attorney with 25+ years experience.
Current law states that, absent discrimination, a co op board may decline a purchaser and is not obligated to give a reason. Such cases are rare but it may be helpful to ask the purchaser what was discussed at the interview. A fellow real estate attorney informed me a few years ago of her client’s experience at the Board interview. Her client was estranged from her husband although not legally separated. At the interview, she was asked why she was living apart from her husband and other inappropriate questions related to her marital problems. She was rejected.
She informed her attorney of the gist of the conversation with the board members. The attorney brought it to the attention of the attorney for the co-op. The buyer was approved shortly thereafter. In another instance, a client of my firm was rejected for insufficient income. We discovered that the Board ignored his social security income as he was semi-retired. Upon notifying the Board’s attorney that their conduct was illegal and subject to fines and a civil lawsuit, the Board reversed its decision and approved the buyer.
The conversation between the members of the Board and the applicant at the interviews in both cases was illegal. NYC’s Commission on Human Rights prohibits discrimination in housing based on certain protected classes. These classes are:
- Race
- Color
- Creed
- Age
- National Origin
- Alienage
- Citizenship Status
- Gender (including Gender Identity and Sexual Harassment)
- Sexual Orientation
- Disability
- Partnership Status
- Lawful Occupation
- Lawful Source of Income
- Family Status
- Marital Status
Food for thought regarding Co op board rejections in Queens NY, article provided courtesy of Robert Kaplan P.C. For more information about Robert Kaplan, or to schedule a consultation with hime, please visit: www.kaplanrealestatelaw.com/