(4) Where the cooperative plan was declared
effective prior to July 1, 1955, the Administrator shall issue a certificate of
eviction to a purchaser who acquired the stock prior to July 1, 1955, if he
finds that the requirements of the former subdivision (c) of this section have
been met and that the purchaser had served the tenant of the controlled housing
accommodation before December 31, 1955, with a written notice setting forth the
name and address of the purchaser, designation of the housing accommodation and
the terms of the sale. A copy of this notice, together with proof of service
upon such tenant, must be filed with the local rent office within five days of
the date of service. Where, however, stock allocated to a controlled housing
accommodation occupied by a tenant has not in fact been sold prior to July 1,
1955, to a purchaser in good faith for personal occupancy, no certificate of
eviction shall be issued unless such tenant had been afforded the rights
conferred by subparagraphs (ii), (iii), (iv) and (v) of paragraph (3) of this
subdivision. The cooperative must file all documents required in the preceding
subparagraphs of paragraph (3) no later than December 31, 1955 or such later
date as is applicable.
(5) As used
herein, the term tenant-owner includes only:
(i) a person who purchased the stock
allocated to a vacant housing accommodation excluding, however, any housing
accommodations which had been vacated after the filing of an application for a
certificate of eviction or an order of subdivision pursuant to this Subchapter
within the one-year period preceding the presentation of the cooperative plan
to the tenants; or
(ii) a person
who while he was a tenant in occupancy in the building, purchased the stock
allocated to his housing accommodation; or