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COPA in NYC: What Brooklyn Sellers Need to Know Before Listing in 2026

Sellers Peter Mancini December 4, 2025

When you’re preparing for a major performance, you never step on stage without knowing the score. As a tenor who trained for years before transitioning into real estate, that lesson has stayed with me: confidence comes from clarity. And right now, Brooklyn sellers need clarity on one emerging policy—COPA, the Community Opportunity to Purchase Act.

Across New York City, lawmakers are exploring COPA-style frameworks that would give qualified nonprofits the first right to purchase certain multifamily buildings before they hit the open market. The goal, according to reporting from The New York Times, is to preserve long-term affordable housing by keeping more properties out of speculative buyer cycles. The Real Deal has also covered NYC’s growing interest in following cities like San Francisco and Washington, D.C., where similar laws already exist.

But for Brooklyn property owners—especially those planning to sell in 2026—COPA introduces new complexities. It’s not just a headline. It’s a shift that may change your timeline, your pricing strategy, and the overall competitive environment around your sale.

This guide breaks down what COPA is, what it is not, and what sellers should be preparing for now.


What Is COPA? A Plain-Language Explanation

COPA, the Community Opportunity to Purchase Act, is a policy model that gives nonprofit housing organizations the first opportunity to buy qualifying buildings before they are listed for general public sale. Typically, this applies to multifamily buildings above a certain unit threshold—often 3 units, 6 units, or more, depending on legislation.

While New York City has not fully implemented COPA, key officials have signaled interest in drafting legislation. Housing advocates argue it strengthens affordability. Sellers, attorneys, and brokers, however, see the potential for delays, uncertainty, and valuation questions.

Here’s the basic structure of COPA models in other cities (NYC may mirror something similar):

  1. Seller notifies qualified nonprofits of intent to sell.

  2. Nonprofits have a set period—often 5 to 30 days—to express interest.

  3. If they do, they receive a negotiation window.

  4. Only if no nonprofit moves forward can the property enter the public market.

For sellers used to immediate exposure, open bidding, and competitive offer cycles, this creates a new first step—and sometimes a new hurdle.


Why NYC Is Considering COPA

A blend of factors is driving policy discussions:

1. The affordability crisis

The New York Times has documented the rising pressure on the city’s housing system, especially in neighborhoods facing displacement and rapid investment.

2. The desire to stabilize communities

Nonprofits aim to keep rents controlled and prevent turnover. COPA gives them a structural advantage.

3. The market volatility of recent years

The Wall Street Journal has reported repeatedly on the fluctuations in multifamily pricing and investor appetite, raising concerns about speculative buying.

From a policy standpoint, COPA is intended as a safeguard—keeping more buildings in mission-based ownership.

From a seller’s standpoint, however, it changes the playbook.


How COPA Could Affect Brooklyn Sellers in 2026

If New York moves forward with COPA legislation, Brooklyn property owners should expect three major impacts:


1. A Longer Pre-Market Timeline

Under COPA, sellers must give nonprofits a formal notice before anyone else. That alone introduces:

  • waiting periods

  • document verification

  • potential due-diligence extensions

Even if a nonprofit ultimately passes, the seller loses valuable days or weeks at the beginning of the listing period. In a competitive market, timing influences everything—from buyer demand to pricing leverage.


2. A Different Competitive Landscape

Open bidding is the backbone of maximizing sale price in Brooklyn, especially for multifamily assets. COPA changes that by giving nonprofits early positioning—often without competing offers.

This can mean:

  • fewer simultaneous bidders

  • lower initial price pressure

  • negotiations outside traditional market dynamics

For sellers depending on multiple offers or investors to drive value, this shift matters.


3. Potential Pricing and Valuation Differences

While nonprofits must offer “fair market value,” the challenge is defining fair market value in a process that limits exposure.

As The Real Deal notes, nonprofit financing structures can introduce uncertainty:

  • grant-based funding

  • layered subsidies

  • longer underwriting cycles

  • mission-driven valuation priorities

This may not always align with a seller’s goals or timeline.


Who Would Be Affected in Brooklyn?

While final legislation will dictate specifics, properties likely to be impacted include:

  • Multifamily buildings (3+ or 6+ units, depending on thresholds)

  • Buildings with stabilized tenants

  • Mixed-use properties with residential components

  • Buildings owned by long-term family operators planning to sell in 2026 or later

Brownstone owners with two-family homes may not be affected depending on unit count—something sellers should confirm once legislation is finalized.


Will COPA Affect Your Sale Price?

Not necessarily—but it may affect how quickly you reach the price you want.

If nonprofits pass quickly and the building proceeds to the open market, pricing is unaffected.

If a nonprofit expresses interest, however, two things may happen:

  1. You enter a negotiation outside traditional competition.

  2. You may lose time in the peak buying window.

Brooklyn pricing is highly sensitive to timing. Days lost can equal offers lost.


The Most Important Step for Sellers: Prepare Early

Whether COPA becomes law in early 2026 or later, the smart move is to treat preparation like a performance.

Before you step on stage, the music must be learned, the breath must be controlled, and the cues must be internalized. Selling your Brooklyn property is no different.

Here’s what sellers should do now:

  • Organize building records and financials (rent rolls, DHCRs, HPD records).

  • Prepare your timeline in case nonprofit windows are required.

  • Meet with your broker to map out strategy and potential COPA impact.

  • Discuss preliminary documentation with your attorney now—not after notice requirements begin.

  • Understand your buyer pool and how nonprofits may change initial exposure.

Preparation isn’t just wise—it’s the new advantage.


Should Sellers Be Worried?

Worried? No.
Prepared? Absolutely.

COPA doesn’t remove a seller’s ability to sell. It simply adds an additional step—one that requires clarity, planning, and the right representation.

As we approach 2026, knowledge will determine performance. Sellers who understand the structure will navigate it smoothly. Sellers who don’t may lose time or leverage without realizing it.

This is where expert guidance matters.


The Bottom Line: COPA May Change the Score, But You Can Still Lead the Performance

Brooklyn real estate is always evolving, and COPA is the next chapter the city is preparing to write. Whether you’re thinking of selling a brownstone, a multi-unit building, or a long-held family property, understanding this policy is essential.

My goal is to help you navigate it with confidence.
Because in real estate—just like in music—clarity leads to mastery, and mastery leads to a stronger performance.

If you’re planning to sell in 2026 or want an early strategy session:

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