Each offering plan submitted pursuant to this Part must include a comprehensive narrative description of the building(s) and property included in the project. Emphasis should be on present condition of premises including deficiencies probably unknown to occupants, rather than description of material make-up visually obvious to each resident. The inspection of the property upon which the description is based must have taken place within 180 days prior to submission of the offering plan to the Department of Law. The Department of Law may in its discretion require a further inspection and report. The condition of all systems and materials must be fully described. Such report(s) shall disclose all defective conditions apparent upon inspection, and shall note any defective condition which is hazardous or which requires immediate repair to prevent further deterioration. Identify and describe all applicable items in the order listed below. Where an item is not specifically identifiable, it may be generally described, e.g., "two rows of deciduous trees" rather than "12 poplar and 12 maple trees in two lines." Where an item is not identifiable at all, a reason must be presented substantiating its unavailability.
(a)Location and use of property.State whether this property and proposed use will comply with all zoning and use requirements at closing. Include in discussion:
(2) block and lot number;(b)Status of construction.State:
(2) class of construction;(3) certificate of occupancy, type and number;(4) alteration permit numbers and description of work done. (c)Site.Discuss:
(2) number of buildings and use;(3) streets owned or maintained by the project:(i) paving (material and condition);(ii) curbing (material and condition);(iii) catch basins, drainage (location and condition);(iv) street lighting (material, type, location and condition);(4) drives, sidewalks and ramps: (i) paving (material and condition);(ii) curbing (material and condition);(iii) catch basins, drainage (location and condition);(iv) street lighting (material, type, location and condition). (d)Utilities.Identify source or provider of each utility. Specifically identify which are public utilities or regulated companies and which are solely the obligation of the apartment corporation. Indicate whether water, sewer (or septic tank), gas, electric and telephone are metered individually, collectively or by any other method of billing.
(e)Subsoil conditions.Describe (including water conditions):
(1) whether uneven foundation movement or settling has occurred (cracking, mortar joint decay, etc.);(2) whether there is any evidence of moisture or seepage or ground water infiltation and, if any, indicate whether corrective action is needed;(3) whether there is any danger from flooding, either due to water table in area or overflow from other bodies of water. Note potential for mudslides or erosion and what preventive action is appropriate.(f)Landscaping and enclosures.Describe:
(1) grass cover (type, location);(2) plantings (type, location);(4) fencing (type, location);(5) gates (type, location);(6) garden walls (type, location);(7) retaining walls (type, location);(8) display pools and foundations (location, materials). (g)Building size.Specify:
(1) total height (approximate total feet from ground level to highest part of roof);(2) crawl spaces (floor to ceiling, height);(3) number of subcellars and cellars;(4) number of floors (actual, including penthouses-give floor-to-ceiling height if not between 7 1/2 and 8 1/2 feet);(5) equipment rooms (location and use);(6) parapet (height above roof). (h)Structural system.Describe materials used, include type of foundation(s) and method of installation. Specify:
(1) Exterior of buildings.(i) Walls. List materials, type of construction, method of construction. For New York City buildings, if Local Law 10 applies, state the results of the inspection. If Local Law 10 is inapplicable, so state. If such inspection is required but not performed, specify as a violation. If insulated, describe material, type, size and insulating value where available.(ii) Windows. Specify type and materials in all parts of the building, including sills, screens, window guards, lintels, storm sash, hardware, single or double glazing and caulking. Indicate whether lot line windows exist and describe any potential future problems.(2) Parapets and copings. State type of materials, how firmly secured in place and whether there is any indication of problems, e.g., leakage, spalling, deterioration of mortar, cracking, etc.
(3) Chimneys and caps. Indicate number, location and material of each chimney for boilers, incinerators, compactors and fireplaces. If fireplaces are not usable for wood fires, this fact must be conspicuously disclosed.
(4) Balconies and terraces. Describe:
(i) deck finish (material);(ii) balustrade (type, material);(iii) railings (material);(vi) doors to balconies and terraces (type, material). (5) Exterior entrances. Describe:
(i) exterior doors and frames (material, type, lock);(ii) vestibule doors and frames (material, type, lock);(iii) exterior stairs (material, location);(iv) railings (material, location);(v) mail boxes (type, location);(vi) lighting (type, location). (6) Service entrances. Describe:
(i) doors and frames (material, type, lock);(ii) gates (material, type, lock);(iii) exterior stairs (material, location);(iv) railings (materials, location). (7) Roof and roof structures. Describe:
(i) type roofs for all areas: (b) insulation (size, type and insulating value if available);(e) flashing materials, including counter flashing;(ii) drains: (a) location, materials and type;(b) gutters and leaders (type, material);(iii) skylights (location, type, material);(iv) bulkheads: (b) elevator (materials);(v) metal work at roof levels: (a) exterior, metal stairs (materials);(b) vertical ladders, including gooseneck (material);(d) hatches to roof (type,material);(vi) rooftop facilities (describe in detail). (8) Fire escapes. Describe at each floor and specify any unusual access situations:
(i) location (describe how attached and supported);(9) Yard and courts. Describe each yard or court, including front, rear and interior areas, listing methods of access:
(ii) drainage (type and material);(iii) railings (material);(v) fencing (type and material);(vi) walls (type and material).(10) Interior stairs. Describe:
(i) number of stairs of each type;(ii) enclosure (construction and interior finishes);(iii) stair construction (steel, concrete, wood);(iv) stringers (material);(vii) guardrails (material);(viii) balustrade (material). (11) Interior doors and frames. Describe material, type and location for each and state whether fireproof or exceeds fire/safety standards:
(i) unit entrance and interior doors and frames;(ii) corridor doors and frames;(iii) stair hall doors and frames;(iv) roof doors, basement doors and frames.(12) Elevators. Describe:
(i) number of passenger and service elevators;(ii) manufacturer, age of each and capacity (in pounds and number of passengers);(iii) type of operation for each elevator, by elevator number or location in building (for large numbers of elevators, describe by class-passenger/freight);(iv) automatic (type of controls);(vi) type (hydraulic; gearless);(vii) doors (sliding, swinging, manual, automatic);(viii) location of machine rooms;(ix) DC to motor (manufacturer);(x) AC to motor-generator set (manufacturer);(13) Elevator cabs. Describe:
(vi) alarm, safety system. (i)Auxiliary facilities.(1) Laundry rooms. Describe:
(i) location and number of rooms;(ii) clothes washers, number and type (e.g., heavy duty, coin-operated, electric, gas);(iii) clothes dryer (number and type);(iv) room ventilation (method and final exhaust);(v) dryer ventilation (method and final exhaust). (2) Refuse disposal. Describe, including:
(i) incinerator(s) (number, location, capacity, type, manufacturer);(ii) compactor(s) (number, location, capacity, type, manufacturer);(iii) approvals by authority having jurisdiction (date of each approval);(iv) initial storage location (ultimate storage location);(v) pick-up schedule, and whether public or private provider. (j)Plumbing and drainage.(1) Water supply. Describe system, pumps, storage and location.
(2) Fire protection system. Describe:
(i) standpipes (material, size, location);(ii) hose racks, hoses and nozzles (location);(iii) sprinkler heads (type system, location);(iv) siamese connection (type, location). (3) Water storage tank(s) and enclosures. Describe:
(i) number, type, location of each;(ii) material (interior, exterior and roof of tank);(iii) access to tank (e.g., vertical gooseneck ladder);(iv) capacity (total gallons);(v) capacity (fire reserve). (4) Water pressure and how maintained.(5) Sanitary sewage system. Describe, including:
(i) sewage piping (materials);(ii) sewage pumps (if any);(iii) sewage disposal (public/private; treatment; drain field; sewer).(6) Permit(s) required. List and include date(s) obtained.
(7) Storm drainage system. Describe system, adequacy method of disposal and materials including:
(i) catch basins (location);(ii) yard and roof drains (location);(iii) piping (materials);(iv) eject or sump pumps (describe in detail and describe conditions requiring pumps).(k)Heating.Describe (including space heating and domestic hot water heating):
(1) describe heating and distribution of domestic hot water and whether capable of providing peak required services. Describe heating system's ability to maintain legally required conditions under anticipated weather conditions, specifying internal temperature and ambient temperature used in calculations;(2) number of boilers and description;(3) manufacturer and age of boiler(s) (model, capacity-alternatively give type, approximate age and approximate remaining useful life);(4) manufacturer and age of burners (model-alternatively give type and approximate remaining useful life);(6) radiators, piping, insulation, valves, pumps;(7) fuel (for oil give type and grade);(8) location of oil tank, materials, enclosure;(9) capacity of oil tank;(10) for gas (details on type and supply system).(l)Gas supply.If not described above, describe:
(m)Air conditioning.Describe cooling system's adequacy to maintain comfortable conditions under anticipated weather conditions, specifying internal temperature and base ambient temperature used in calculations. Describe:
(2) central system (give manufacturer, model and capacity);(3) cooling towers, condensers (rooftop, self-contained units, including number, location and description);(4) individual units covered by the offer (window/sleeve-specify number, capacity, amperage and efficiency).(n)Ventilation.Describe system in kitchens, fireplaces and all windowless areas such as corridors, garages, laundries, baths, etc.
(o)Electrical system.Specify:
(1) service from main service switchgear (amperes, voltage, phases, wire protective equipment);(2) service to individual units (rises, etc.);(3) compartment switch gear (location and floor of sectional meter boards and transformers supplying power to the meter boards);(4) unit service (ratings of main fuses, circuit breakers or fuses to units and ratings);(5) adequacy: (i) service-average number of circuits per apartment and capacity to handle modern appliances-specifically air conditioners, dishwashers and electric dryers:(ii) lighting and fixtures:(iii) convenience outlets, appliance outlets;(6) intercommunication and/or door signal systems. (p)Television reception facilities.Master antennae, cable TV, antennae by tenants, security closed-circuit TV.
(q)Public area lighting.Describe and state adequacy (entrances, halls and stairs, corridors, basements, courts and yards).
(r)Garages and parking areas.Describe:
(1) location of garages (description of facility);(2) location of parking areas (number of spaces in each);(3) surfaces (materials used, lighting, fencing, etc.);(4) parking (attended or not attended);(5) garage ventilation (method and equipment);(6) garage fire protection (method and equipment);(s)Swimming pool(s).Describe in detail:
(1) type (concrete, material composition) and location on property;(2) size, including length, width, depth and approximate number of bathers permitted at any time;(3) enclosure (material including roof);(4) pumping and filter system (describe material);(5) water heating equipment or usage of building's hot water (feed or heat exchangers);(6) if on building roof, specify structural support system.(t)Tennis courts, playgrounds and recreation facilities.(1) Tennis courts. Describe:
(i) type (clay, macadam, turf);(iii) lighting (number and type);(iv) fencing or enclosure (including distance between fence or enclosure and all sides of court); (2) Playgrounds. Describe location and size(s) of playground(s), fencing (if any), equipment types and sand bed or safety padding.
(3) Other recreation facilities. Describe any beach or lake front, boating facilities, golf course(s), handball, basketball or other game courts.
(u)Permits and certificates.List all applicable permits which must be obtained and inspections which are to be done. List type of inspection, authority inspecting and duration of approval once obtained, include all compactors, incinerators, boilers, oil storage tanks, elevators, etc. In New York City include Department of Air Resources, Elevator Safety, Boiler Safety, Fire Department and Buildings Department permits.
(v)Violations.List all violations outstanding as the date of this report and the agency imposing the violation, the condition involved, the date violation issued and work required by violation notice to cure. If no violations are outstanding, so state.
(w)Unit information.Specify the number of units inspected. Specify the unit designations for each typical unit or line of units, including the number and type of rooms. Give criteria for calculations. For lofts give useable residential space in square feet. Describe (include foyers, living rooms, dining areas, kitchen, bedrooms, bathrooms, etc.):
(1) Type and grade of finish material used in each type of unit and the number of coverings given. Include paint, wall and floor coverings, as well as specifying the type of flooring, walls and ceiling used.(2) Describe presence, type and condition of all bathroom fixtures.(3) Describe presence, type and condition of kitchen and laundry equipment.(i) If data is substantially the same for all units, a single narrative may be substituted for this schedule.(ii) If any equipment or fixtures described are not included in the offering price, or the offering price is conditioned on the equipment and fixtures selected, such fact must be conspicuously noted in the body of the plan.(x)Finish schedule of spaces other than units.The following is a form of schedule to be given for each floor:
| Room | Floor | Walls | Ceiling | Remarks |
Show all common rooms and spaces, including but not limited to: sub-subcellar, subcellar, basement, first floor, penthouse floor, public and service halls, corridors, lobbies.
(y)Safety and warning devices.Describe any fire or smoke safety devices installed in units and common areas. State what devices are required by law, and whether any required devices have not been installed.
(z)Additional information required.Include the following in the Description of Property section of the plan:
(1) a site plan showing roads, the outside dimensions of the building and clearly designated common areas, including recreation and refuse disposal areas if more than one building is being offered; and(2) an area map showing the location of the cooperative with respect to its surroundings, if the cooperative is not located in a highly urban area.(aa)Asbestos.(1) State whether asbestos-containing material (ACM) is present in insulating or fireproofing material anywhere in the building(s). Sponsor shall perform such tests as are necessary to make such determination. In the event that ACM is present, sponsor shall have a person who is qualified to render an opinion on asbestos prepare a report on the asbestos in the building(s) (the "asbestos report"). Such asbestos report shall contain at least the following information: (i) the qualifications of the person preparing the report;(ii) a detailed inventory of the asbestos in each apartment and in all other areas of the property, including the location, amount of ACM, type and concentration of asbestos in the ACM, and condition. State whether the presence of any of the ACM poses an immediate health or safety hazard. State which apartments, if any, were not examined and describe efforts made to gain access to any such apartments;(iii) recommendations for handling each and every item of the asbestos inventory, i.e., removal, enclosure, encapsulation, or leaving undisturbed;(iv) how the recommendations should be implemented. Include, if applicable, whether apartments must be vacated or whether use of certain rooms will be limited and the projected duration thereof. State whether the work must be performed in compliance with New York City Local Law 76 of 1985 or any other applicable laws; and(v) a recommended protocol for the future handling and maintenance of asbestos which will remain in the building, whether encapsulated, enclosed or left undisturbed. In addition, the offering plan must state that the recommendations of the asbestos report will be expeditiously carried out by the sponsor if the closing has not occurred, or the apartment corporation if the closing has occurred but the sponsor is in control, and that it will be the responsibility of the apartment corporation to monitor and, whenever necessary, to treat or remove ACM which remains in the building(s) after the conversion to a cooperative.
(2) The provisions of this subdivision shall take effect on August 8, 1986.(i) Proposed offering plans submitted to the Department of Law on or after February 8, 1987 shall contain a statement as to whether ACM is present in the building(s) and, if so, shall contain an asbestos report.(ii) Offering plans submitted and/or accepted for filing between August 8, 1986 and February 8, 1987 shall be revised or amended no later than May 8, 1987 to include a statement as to whether ACM is present in the building(s) and, if so, shall be revised or amended to include an asbestos report no later than May 8, 1987. Such plans shall not be declared effective until 30 days after such statement and report are incorporated in an amendment and presented to tenants and subscribers.(iii) Offering plans accepted for filing prior to August 8, 1986 in which any units remain unsold shall be amended no later than May 8, 1987 to include a statement as to whether ACM is present in the building(s) and, if so, shall be revised or amended to include an asbestos report no later than May 8, 1987. If before such an amendment is accepted for filing the sponsor seeks to declare the plan effective, close, or sell unsold shares, the sponsor shall amend the offering plan to inform tenants and prospective purchasers that such statement and asbestos report are forthcoming. Such amendment shall give purchasers the opportunity to delay closing until 30 days after the amendment containing such statement and asbestos report have been distributed to them. If any closings take place prior to the completion of asbestos removal and treatment work, sponsor shall place in escrow a sum of money sufficient to pay for said work, the amount to be determined by a person qualified to render an opinion on asbestos, but in no event less than $2,500 per unit.(ab)Lead-based paint.Include records, reports, violations and any other information known or available to the sponsor or its agents concerning the presence of lead-based paint and/or lead-based paint hazards.
N.Y. Comp. Codes R. & Regs. Tit. 13 § 18.7
Amended New York State Register July 3, 2018/Volume XL, Issue 27, eff. 7/3/2018