Owner plans to sell
A covered owner gives the required notice before taking action to sell.
COPA stands for the Community Opportunity to Purchase Act. The current New York City proposal would give qualified mission-driven buyers a protected chance to compete for certain apartment buildings when owners decide to sell. It is not a law requiring individual tenants to buy their apartments.
If you heard “COPA” for the first time and are trying to figure out why tenants are organizing around it, start with these four things.
“If COPA helps save our building, do all the tenants have to get mortgages?”
Under the current proposal, the purchase opportunity belongs to qualified entities certified by HPD — generally experienced nonprofit preservation organizations or qualifying nonprofit-led joint ventures. An eligible community land trust can be part of that pathway under the bill. Tenants do not each have to qualify for an individual mortgage.
A covered owner gives the required notice before taking action to sell.
Qualified entities have 20 calendar days to submit a statement of interest.
An interested qualified entity can receive key property, rent, expense, mortgage and violation information.
Interested qualified entities get 70 calendar days to submit a bona fide first offer.
In qualifying circumstances, the first qualified bidder can receive a right of first refusal to match a later third-party offer.
Not every apartment building would be covered. Under the current proposal, a Class A multiple dwelling with at least four units must meet at least one statutory trigger, and exemptions also apply.
The building has participated in HPD's Alternative Enforcement Program for at least one year.
HPD has made the specific distressed-property determination required by the bill.
The property has been subject to the specified HPD underlying-conditions order for at least one year.
The property reaches the violation threshold defined in the bill.
HPD denied a CONH within the preceding year and the condition has not been cured as required.
A property with no more than 100 units has a qualifying HPD income-based occupancy restriction set to expire within two years, excluding the specified 421-a requirement.
HPD could establish additional qualifying criteria by rule consistent with the law.
A building with five or fewer units is excluded when the owner permanently occupies one of the units.
Important: Affordable Forever's building screen identifies research signals. It does not determine legal eligibility.
The purchase process is tied to an owner's decision to pursue a covered sale.
The qualified purchaser assembles acquisition financing at the building level.
The resulting structure may remain affordable rental housing or use another long-term preservation model.
For covered transactions, owners must respect notice and purchase-opportunity periods before completing certain sales.
Mission-driven acquisitions can combine public acquisition funds, nonprofit or private lending, rehabilitation financing, tax credits and other subsidies depending on the building. A purchase right is useful only when capital and capable partners exist to use it.
No. Intro 905-2026 is pending legislation. Affordable Forever tracks the current bill, but the text can change.
Not automatically. COPA gives the purchase opportunity to qualified mission-driven entities. Long-term ownership could remain nonprofit rental housing or involve a community land trust or other preservation structure.
A CLT is one possible permanent-stewardship partner. The current bill contains a specific CLT provision, but a CLT still has to fit the law's qualification and transaction rules.
That can be one COPA pathway when the specific HPD restriction and other statutory requirements are met. LIHTC or Section 8 dates alone are warning signals, not automatic COPA coverage.
COPA's purchase process would arise around a covered sale. Separately, tenants can organize earlier around building conditions, expiring affordability, ownership changes and preservation risks.
Check the building research signal, talk with neighbors, stay connected with Affordable Forever, and use the coalition action if you want to support passage of the current bill.
Affordable Forever helps tenants understand the proposal and connect it to real buildings. New Economy Project and the COPA coalition maintain the current legislative action form.
Could this matter for my building?Stay connected with Affordable ForeverTake action with the COPA coalition →