N.Y. Bus. Corp. Law §501
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BCL — Authorized Shares; Co-op Equal-Treatment Proviso

The share-equality section of the Business Corporation Law, which governs housing cooperatives (co-op residents are shareholders holding proprietary leases, not real-property owners). Every share of a class must be equal — but subdivision (c) carves out cooperative housing corporations: when liquidation rights are substantially equal per share, maintenance charges are fixed per share or per room, and voting is substantially equal (or one vote per apartment), shares are not unequal merely because transfer fees vary — the proviso that permits co-op flip taxes set in the proprietary lease, occupancy agreement, or offering plan.

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(c) Co-op flip taxes are legal in New York — as long as they are written into the proprietary lease, occupancy agreement, or offering plan (or a properly approved amendment).
This content is educational and informational. It does not constitute legal advice. Consult a licensed attorney in your state for legal guidance specific to your situation.
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