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Owners & management · Deals & development · 10/23/2026

Council passes COPA, giving nonprofits first shot at distressed buildings

The City Council passed the Community Opportunity to Purchase Act (COPA). It lets qualified nonprofits, including community land trusts, bid on certain distressed apartment buildings before for-profit buyers. Covered buildings meet a higher threshold of housing code violations. Mayor Mamdani says he will sign it. Small Property Owners of New York says it will devalue buildings.

Reported by 6sqftRead the original ↗

Photo: Momos, CC BY-SA 3.0

What happened

The New York City Council on Thursday passed the Community Opportunity to Purchase Act, known as COPA, 6sqft reported on October 23, 2026. The bill gives qualified nonprofit groups, including community land trusts, the first chance ahead of for-profit developers to buy certain distressed apartment buildings. Crain's New York reported the vote on October 22 and said that starting next year, certain nonprofits and joint ventures will get a head start when bidding on distressed multifamily buildings.

Under the bill, when a covered building goes up for sale, qualified housing preservation groups or nonprofits get 20 days to submit a statement of interest. They then get another 70 days to submit an offer before the building hits the market. If an owner receives an offer from a buyer that is not a qualified entity, qualified entities would have a right of first refusal.

This is the second time within a year the Council approved COPA. In December 2025, lawmakers passed a similar version, but former Mayor Eric Adams vetoed it, along with 18 other bills, on his last day in office. The first version was introduced in 2020. Council Member Sandy Nurse sponsored the latest version. Council Speaker Julie Menin and others backed it after the pool of eligible buildings was narrowed from 10,000 to between 2,000 and 3,400. The revised bill applies to buildings that meet a higher threshold of housing code violations.

Mamdani said in a statement to The Real Deal that he looks forward to signing the bill into law. Ann Korchak, board president of Small Property Owners of New York (SPONY), opposed it. She said COPA will devalue buildings, shut out conventional buyers who can quickly fix failing buildings, and "illegally take private property."

Key facts

Bill
Community Opportunity to Purchase Act (COPA)
Vote
Passed by the NYC Council on Thursday, reported October 22 and 23, 2026
Statement of interest window
20 days after a building goes up for sale
Offer window
Another 70 days to submit an offer before the building hits the market
Right of first refusal
Qualified entities get it if an owner receives an offer from someone who is not a qualified entity
Eligible buildings
Between 2,000 and 3,400, down from 10,000 in an earlier version
Sponsor
Council Member Sandy Nurse
History
First introduced in 2020. Similar version passed December 2025 and vetoed by former Mayor Eric Adams

What it means

Landlords

If your building meets the bill's higher violation threshold, a sale would first be open to qualified nonprofits for up to 90 days before you can go to the open market. Qualified groups can also match outside offers through a right of first refusal.

Buyers and owners

For-profit buyers looking at covered distressed buildings would be second in line behind qualified nonprofits and could see their offers matched. SPONY argues this will lower building values.

Tenants and voucher holders

Supporters say nonprofit buyers would repair units and keep tenants in place at permanently affordable rents. The material does not say how tenants would be involved in a specific sale.

The highlights

  1. Qualified groups get 20 days to show interest, then 70 more days to make an offer.
  2. Bill now targets 2,000 to 3,400 high-violation buildings, down from 10,000.
  3. Adams vetoed a 2025 version. Mayor Mamdani says he will sign this one.

Why it matters Landlords

Owners of buildings with heavy code violations may face a nonprofit offer window and right of first refusal before they can sell.

What to do: Review your building's open housing code violations before planning a sale.

Not known yet

  • Exactly how many housing code violations make a building eligible
  • Which city agency will run the program and certify qualified nonprofits
  • The exact start date, beyond Crain's report of next year
  • Whether the bill has been signed into law yet

Background

In New York City, HPD inspects apartments and issues housing maintenance code violations, which are classed by severity and stay on a building's public record until they are corrected and cleared. A right of first refusal generally lets a designated party match an outside offer on the same terms before the owner can sell to someone else.

Also drawn from: Nonprofits to get first dibs on buying distressed multifamily housing (Crain's New York)

Summary written by Bulwark from 6sqft’s reporting. The original story is at 6sqft.com. This is general information, not legal advice.

Brooklyn, NY

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