NYC Co-ops That Changed Their Rules in Plan Amendments

Updated Nov 3, 2026 · 6 min read

Short answer: 46 of the 124 NYC co-op plans whose amendments we have read (37%) changed or added a building rule in at least one amendment. The most common: a smoking policy (22 plans), a new or higher flip tax or transfer fee (14), and subletting rules or fees (14). So the proprietary lease (the lease every co-op owner signs) and house rules printed in the original plan may not be the rules you'd live under today.

Which Rules Changed

Rule changed in an amendment	Co-op plans	Share
Smoking policy	22	18%
Subletting rules or fees	14	11%
Flip tax or transfer fee	14	11%
By-laws, house rules or proprietary lease rewritten	11	9%
Pets	2	2%
Owner occupancy	2	2%
Any of these	46	37%

A plan counts when any of its amendments changed or added that rule. Commercial-space leases, interim leases for tenants before a conversion and lender terms aren't counted.

Examples From the Amendments

Co-op	Amendment	What changed
255 West End Avenue Owners Corp.255 West End Avenue, Manhattan · C820408	482017	Flip tax of 1.5% of gross sales price or $30.00 per share, whichever is greater, required as of June 2016 on shareholder transfers (excluding unsold shares)
Beechwood Gardens192-02,193-02,193-12,194-02 39 Ave., Queens · C820220	38March 18, 2011	Dogs of 15 pounds or less allowed with shareholder permission, effective July 1 2010
21 Arden Street Cooperative21 Arden Street, Manhattan · C200004	4____________ ___, 2023	Owner occupancy exception added for shareholders who are hospitalized, in rehabilitation, incarcerated or enrolled in an accredited school of higher education
70 Charlton Apartment Corp.70 Charlton Street, Manhattan · C140005	15February 15, 2019	Smoking policy from the Ninth Amendment restated, prohibiting smoking inside Apartments, on Terraces and in all other interior and outdoor areas of the Property
Horizon Housing Development Fund Corporation3595-3599 Broadway (Aka 600 West 148th St), Manhattan · C190007	7[March ____, 2025]	By-Laws amended to allow meetings via Zoom with digital voting

Subletting

Sublet rules matter most to buyers who might rent the apartment out later, and they move in both directions. 14 co-op plans changed subletting rules or fees in an amendment. Some tightened them: a year of living there before you can sublet, a ban on subletting in the first year, a cap on how long sublets can last in total, or a fee charged per share or as a surcharge on maintenance. Others loosened them: one 1988 amendment let the building's first buyers sell or sublet without board consent, and another limited the board's right to refuse a sublet in the first five years. Here they are:

Co-op	Amendment	Sublet change
Lafayette Apartments138-70 Elder Avenue, Queens · C850646	1November 18, 1986	Subletting fee of $300 for each year (or portion) of the sublease term, in addition to maintenance and managing agent fees, not applying to non-purchasing tenants or Holders of Unsold Shares
200 West 108th Street200 West 108th Street, Manhattan · C850556	2March 23, 1988	Proprietary Lease paragraphs 15 and 16 conformed to let Initial Purchasers sell or sublet without Board of Directors consent
317 Third Street317 Third Street, Brooklyn · C880362	1	Board may refuse subletting for any reason, but may not unreasonably withhold consent during the first five years after the Closing Date
Beechwood Gardens192-02,193-02,193-12,194-02 39 Ave., Queens · C820220	29August 1, 2002	Sublet processing fee raised from $150.00 to $200.00 per application, effective July 1, 2002
Beechwood Gardens192-02,193-02,193-12,194-02 39 Ave., Queens · C820220	40February 12, 2013	Annual sublet fee increased to $2.17 per share Shareholders subletting or transferring shares must relinquish any leased parking space to the cooperative, effective November 28, 2011
Beechwood Gardens192-02,193-02,193-12,194-02 39 Ave., Queens · C820220	42February 11, 2015	Annual sublet fee increased to $2.38 per share
Washington Plaza Owners Corp.73-12 35th Avenue, Queens · C140002	1	Subletting barred for shareholders other than a Holder of Unsold Shares for one (1) year after closing After the first year, all subleasing subject to Board approval, with a ten (10%) percent maintenance surcharge due during the sublease term Subleases must be at least one (1) year and may total no more than four (4) years in aggregate during a shareholder's tenancy
Pistilli Riverview East Apartments19-19 24th Avenue, Queens · C060001	15February 26, 2016	New sublet policy adopted September 15, 2015: 20% sublet fee not imposed until 40% owner occupancy; owners must reside in the unit for one (1) year before subletting Sublet one-time fees: $1,000.00 to the Apartment Corporation and $300.00 to management, including a $100 application fee Owners may sublet for one (1) year without a Board interview; tenant must interview with the Board to extend the lease at expiration

Beechwood Gardens in Queens shows how a fee creeps up: its amendments raised the annual sublet fee per share and the processing fee over the years, and in 2011 required owners who sublet to give up their leased parking space. For co-ops whose plans don't let the board approve buyers at all, see co-ops without board approval or sublet limits.

Flip Taxes and Transfer Fees

A flip tax is a fee the co-op charges when shares are sold, often a share of the price or a dollar amount per share. Amendments show them being added and raised over time, sometimes several times in one building. In affordable HDFC co-ops, the flip tax is often a schedule that keeps most of a resale profit for the co-op in the early years (see what an HDFC co-op is).

Smoking Policies

Many of the smoking amendments date from 2018. New York City's Local Law 147 of 2017 requires residential buildings with three or more units to adopt and disclose a smoking policy, and co-op sponsors still selling shares added it to their plans and purchase agreements. Most ban smoking in common areas and allow it inside apartments; a few go further.

Why Rules Change After the Plan

A co-op's rules live in its proprietary lease, by-laws and house rules. The board can usually change house rules and adopt policies like sublet fees on its own; changing the proprietary lease or by-laws usually takes a shareholder vote. While the developer (the sponsor) still holds unsold shares and is selling under the plan, it has to disclose those changes in an amendment, which is why they show up here. Once the sponsor has sold out, changes stop appearing in amendments, so ask for the current house rules and board policies before you buy.

What to Ask Before You Buy

The current proprietary lease, by-laws and house rules, with every change since the plan.
The current sublet policy: how long you must live there first, how long a sublet can last, and the fee.
The flip tax, who pays it and how it's calculated.
Any owner-occupancy rule, and how close the building is to it.
The pet and smoking policies.
The latest amendment, if the sponsor still holds shares. See what changes in an amendment.

FAQ

Can a co-op change its rules after I buy?

Yes. The board can change house rules and policies, and shareholders can amend the proprietary lease and by-laws by the vote those documents require. 37% of the co-op plans we read disclosed at least one rule change in an amendment.

Can a co-op add a flip tax?

Usually, if the proprietary lease or by-laws are amended to allow it. 14 of the co-op plans we read added or changed a flip tax or transfer fee in an amendment.

Can a co-op ban smoking?

Yes. Most smoking policies in these amendments ban it in common areas; some also ban it inside apartments. NYC requires buildings to disclose their smoking policy.

Where do I find a co-op's amendments?

On the building's page here, in the Amendments section, or in the Attorney General's database. See how to find offering plan amendments.

Where this comes from: 1,625 amendments to 124 NYC co-op offering plans (plan IDs starting C or CC), each summarized from its own text, as shown on the building pages. A plan counts when an amendment's summary or listed changes describe the rule. Co-ops whose amendments we haven't read aren't counted. This is general information, not legal advice. Updated November 2026.