The Nonprofit Herald is published by 501c3.help Nonprofit compliance by state
235 stories from 47 states and nationwide Free to read. Free to be featured.
News · Food & Housing

New York City Council passes bill giving certified nonprofits the first chance to buy distressed apartment buildings

The Community Opportunity to Purchase Act passed on Oct. 22 and awaits Mayor Zohran Mamdani's signature. Certified 501(c)(3) housing groups would get 20 days to express interest and 70 days to make an offer before covered buildings can be sold to others.

A seven-story red brick apartment building on a street corner under a blue sky, with a traffic light, a street sign and a person pushing a stroller in the distance
An apartment building on Lafayette Avenue in the Hunts Point section of the Bronx, photographed in 2013.Jim.henderson / Wikimedia Commons (CC0)

New York. Nonprofit housing groups in New York City would get the first chance to buy certain distressed and affordable apartment buildings when their owners decide to sell, under a bill the City Council approved on Oct. 22.

Introduction 905-A, the Community Opportunity to Purchase Act, sponsored by Council Member Sandy Nurse, a Brooklyn Democrat, passed 38 to 9 with two abstentions, amNewYork and City Limits reported. The Council lists it as awaiting the mayor's signature. "I look forward to signing this bill into law," Mayor Zohran Mamdani said in a statement reported by City Limits. It would take effect one year after it becomes law.

Who can buy, and how fast

The Department of Housing Preservation and Development would certify the buyers. Under the bill, a qualified entity must be exempt under section 501(c)(3), show the legal and financial capacity to acquire, rehabilitate or manage housing, keep affordable units affordable and have experience in preserving affordable housing. A joint venture qualifies if such a nonprofit holds the controlling interest.

Owners of covered buildings must notify the department and every certified group before taking any action to sell. The groups then have 20 days to submit a statement of interest and 70 days to make a first offer, and a right of first refusal if the owner receives another offer. Owners may seek an exemption for undue financial hardship, and one who sells without the notice faces a civil penalty of up to 15 percent of the sale price.

Fewer buildings than the vetoed version

The bill covers buildings with four or more apartments that, among other tests, average three or more hazardous violations per unit, have spent at least a year in the city's Alternative Enforcement Program, face in rem foreclosure as distressed properties or were denied a certification of no harassment, as well as buildings of up to 100 apartments under an affordability restriction. Owner-occupied buildings with five or fewer units are exempt.

The Council passed an earlier version in December 2025, and then-Mayor Eric Adams vetoed it. The new version shortens the offer window from 80 days, the Council's committee report says, and excludes buildings under 421-a agreements alone. Speaker Julie Menin said the number of eligible buildings had been narrowed to about 2,100 from about 10,000, amNewYork reported; City Limits reported that the housing department later raised its estimate to 3,400 after a late change.

The Real Estate Board of New York called it "a more targeted and practical bill," while Small Property Owners of New York opposed it.

About this story

501c3.help wrote this story from the sources listed with it, not from material an organization sent. Our editors approved it on Oct. 26, 2026. Stories in The Nonprofit Herald are free, and nothing is asked in return. Editorial rules.

Found an error? Write to [email protected] and we will correct it.

Latest stories

Back to the front page

Is your nonprofit's story here yet?

Every new story opens on the front page, then moves down the feed and into the archive, where it stays. Stories and notices are free.

  1. Send us what happenedA short form: your EIN, a few answers and your photos.
  2. We write the storyOur editors write it in their own words from what you send.
  3. We check itNames, numbers and dates are checked against what you told us.
  4. We approve and publishOur editors make the final call under our editorial rules.
Send us your story Or write to [email protected], or message us on WhatsApp. Stories describe the work and never ask readers to donate. Editorial rules