The Community Opportunity to Purchase Act (COPA) would fundamentally change how certain multifamily buildings in New York City change hands. Under the proposal, qualified nonprofit organizations — including community land trusts — would gain a right of first offer on distressed buildings before any sale to a private buyer can proceed. Advocates describe the Community Opportunity to Purchase Act as a major affordable-housing preservation proposal aimed at protecting tenants from displacement when distressed buildings enter the market.
Here is what COPA would do, which buildings it would cover, and where the NYC COPA bill stands as of June 2026.
Key Takeaways
- COPA is not currently law in NYC.
- The proposal would give qualified nonprofits priority when purchasing certain distressed buildings.
- Individual tenants would not receive a direct purchase right.
- The bill was reintroduced in May 2026 after an earlier veto by former Mayor Adams.
What COPA Would Do
Under COPA, owners of certain multifamily buildings would be required to notify certified nonprofit entities before completing a sale. Those entities — certified by HPD as Qualified Entities based on their affordable housing preservation experience — would then have:
- 45 days to express interest in purchasing the building
- 90 days to submit a formal offer
- A final 15-day right of first refusal if a third-party buyer later enters the picture
A landlord who sells a covered building without going through the COPA process could face civil penalties of at least 3% of the sale price. Qualified entities could also seek injunctive relief to halt a noncompliant transaction.
The goal is to preserve affordable housing by giving mission-driven organizations a chance to acquire distressed buildings — including those with serious HPD violations and expiring affordability restrictions — before they are flipped to investors who may raise rents or displace existing tenants.
Where It Stands Right Now
COPA's path has been turbulent. The City Council passed it in December 2025, but outgoing Mayor Eric Adams vetoed it on his last day in office. The Council attempted an override in January 2026 but fell short of the two-thirds vote required.
On May 14, 2026, Council Member Sandy Nurse rallied with tenants and community groups to reintroduce COPA under the new Mamdani administration. With Mayor Mamdani having championed the bill as a Council member, advocates expect strong executive support this time. If reintroduced and passed, the law would likely take effect around 2027, with HPD rulemaking to follow.
As of June 2026, COPA is not law. No right of first offer exists yet. The legislation is in the reintroduction phase.
Why Is COPA Controversial?
Supporters argue the Community Opportunity to Purchase Act preserves affordable housing and prevents displacement in neighborhoods facing speculative pressure. Community land trusts and nonprofit developers, they say, are currently unable to compete with all-cash investors in distressed building sales — COPA levels that playing field.
Opponents argue the additional purchase process could delay transactions by months, create financing complications for sellers, and reduce investment in the distressed properties that need it most. Some smaller building owners have raised concerns about being required to hold sales open while nonprofits evaluate their properties.
Which Buildings Would Be Covered
COPA does not apply to all rental buildings. Under the version passed in December 2025, a building qualifies as a covered property only if it meets specific distress criteria, including:
- Participation in HPD's Alternative Enforcement Program (AEP)
- Open hazardous or immediately hazardous violations averaging at least one per unit
- Affordability restrictions set to expire within two years
- Active foreclosure actions or harassment findings
Buildings with four or more units meeting these criteria would be subject to COPA's notification and right-of-first-offer requirements at the time of any proposed sale. One year after the law's effective date, HPD rulemaking would expand coverage to additional categories of distressed properties.
What This Means for Tenants
If your building is distressed — persistent HPD violations, city enforcement action, expiring affordability restrictions — COPA would create a window for a community land trust or nonprofit organization to purchase it and preserve it as affordable housing rather than allow a market-rate sale that could displace existing tenants.
Tenants in covered buildings would not have a direct right to purchase under COPA. The right belongs to certified nonprofit entities. But the practical effect is that a sale to a developer who might raise rents or convert the building becomes harder to complete without first running through the COPA process.
To see whether your building would likely fall under COPA's coverage, review its HPD violation history and enforcement status through Weverit building reports — those are precisely the criteria the law would use to define covered properties.
Frequently Asked Questions
Is COPA law in effect in NYC? No. As of June 2026, the Community Opportunity to Purchase Act has been reintroduced in the City Council but has not been enacted. The original version was vetoed by Mayor Adams in December 2025, and the Council failed to override the veto in January 2026.
Can tenants buy their building under COPA? Not directly. COPA would give certified nonprofit organizations — not individual tenants — the right of first offer. However, tenants can work with a local community land trust or nonprofit to advocate for their building's purchase under COPA if it passes.
Which buildings would be covered by COPA? Buildings with four or more units that meet specific distress criteria: participation in HPD's Alternative Enforcement Program, open hazardous violations averaging at least one per unit, expiring affordability restrictions, or active foreclosure. Not all rental buildings qualify.
When would COPA take effect? If reintroduced and signed into law in 2026, implementation is expected around 2027, with HPD rulemaking phasing in additional coverage over the following year.
What is the difference between COPA and TOPA? TOPA — Tenant Opportunity to Purchase Act — gives tenants themselves the right to buy. COPA gives that right to nonprofit organizations. According to a 2023 study by the Coalition for Nonprofit Housing and Economic Development (CNHED), Washington D.C.'s TOPA led to the development or preservation of more than 16,000 affordable units between 2006 and 2020.
Related NYC Housing Guides
- How to Check HPD Violations for Any NYC Building
- What Is Rent Stabilization?
- How to Research a Building Before Renting
Sources: NYC City Council, Int 902-B; NY City Community Land Initiative, May 2026; Cole Schotz analysis, December 2025; BBG LLP legislative analysis; CNHED TOPA study, 2023. This article is for informational purposes only and does not constitute legal advice.
