New Jersey § 46:8d-2

§ 46:8d-2.

The Legislature finds that issuance of proprietary real estate leases by cooperative

corporations and other cooperative legal entities is becoming a popular practice in

New Jersey which is usually accomplished by a ledger book transfer to the lessee of

stock or another indicia of ownership of an interest in the cooperative corporation

or other cooperative entity which owns the real estate and that there is no public

record of the transaction. The Legislature further finds that this is a hybrid transaction which is not capable

of classification entirely as realty or personalty but that the public perception

of a cooperative unit is that it in some manner involves real estate; that members

of the public seek protection in cooperative leasing transactions similar to those

protections available in transactions for the purchase of real estate, namely, a public

title record, title searches to guarantee security of title, freedom from easements

or rights in unknown third parties, unpaid liens, unsatisfied judgments, unpaid taxes,

freedom from municipal violations, title insurance and the equivalent of a mortgage

where a cooperative unit is the asset to be pledged as security for the purchase loan. The Legislature declares that enabling legislation in the form of a cooperative

recording act is desirable because it would provide a title registration system for

cooperative units and would provide additional revenue to county recording offices

and to the State of New Jersey by applying the Realty Transfer Tax to proprietary

leases issued by cooperatives and assignments thereof which are not presently covered

by that tax.