On December 18, 2025, the New York City Council has passed the Community Opportunity to Purchase Act (“COPA”). The bill requires owners of certain multifamily buildings with four or more units to allow “qualified” non-profit entities or joint ventures a first opportunity to purchase and right of first refusal to purchase the property. COPA applies to distressed buildings involved with city enforcement agencies and those with low-income regulatory agreements with the City that are set to expire within the next two years, among other qualifying factors.
The bill will be delivered to Mayor Adams for signature or a possible veto. Notably, the Council vote in favor of COPA does not appear sufficient to override a veto, if that occurs. If enacted, COPA will take effect after one year. It is expected that New York City Housing Preservation Development (“HPD”) will further clarify the categories of buildings and “qualified entities” covered by COPA. The final version of the bill has not been published but is anticipated to reflect the amended version of the bill published 12/12/2025. For a summary of that amendment, see our discussion at https://bbgllp.com/new/nyc-copa-amendment-legal-concerns/.
COPA is likely to face significant legal challenges over forcing owners to sell their property to certain entities, among other concerns.
The City Council also passed two other housing-related bills at this session:
- The Mandatory Air Conditioner Bill requires owners of both regulated and unregulated housing to supply cooling systems in all bedrooms upon opt-in by a tenant. Rent regulated tenants would be required to consent to any IAI increases associated with the system.
- The Construction Justice Act mandates a set prevailing wage to apply to construction projects that receive more than $1.5 million in government subsidies or projects that involve buildings with more than 150 units.
For a full review of the bills, and to discuss applicability to your property, please contact your BBG attorney.
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Reach out to your BBG attorney of record or contact us here to discuss how this bill may apply to your specific situation.
Written by: Ryan D. Matthews, Associate, Administrative Law Department.