S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6012                                                  A. 8323
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                     June 25, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. FLANAGAN -- (at request of the Governor)
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Rules
       IN  ASSEMBLY  --  Introduced  by  M. of A. HEASTIE -- (at request of the
         Governor) -- read once and referred to the Committee on Ways and Means
       AN ACT to amend chapter 576 of the laws of 1974 amending  the  emergency
         housing  rent control law relating to the control of and stabilization
         of rent in certain cases, the  emergency  housing  rent  control  law,
         chapter  329  of  the laws of 1963 amending the emergency housing rent
         control law relating to recontrol of rents in Albany, chapter  555  of
         the laws of 1982 amending the general business law and the administra-
         tive  code  of the city of New York relating to conversion of residen-
         tial property to cooperative or condominium ownership in the  city  of
         New  York,  chapter 402 of the laws of 1983 amending the general busi-
         ness law relating to conversion  of  rental  residential  property  to
         cooperative  or condominium ownership in certain municipalities in the
         counties of Nassau, Westchester and Rockland and the  rent  regulation
         reform  act of 1997, and to amend chapter 4 of the laws of 2013 amend-
         ing the real property tax law  and  other  laws  relating  to  interim
         multiple dwellings in a city with a population of one million or more,
         in relation to extending the effectiveness thereof; to amend the emer-
         gency  tenant  protection  act of nineteen seventy-four, the emergency
         housing rent control law, and the administrative code of the  city  of
         New  York, in relation to deregulation thresholds; to amend the admin-
         istrative code of the city  of  New  York  and  the  emergency  tenant
         protection  act of nineteen seventy-four, in relation to limiting rent
         increase after vacancy of a housing accommodation; to amend the admin-
         istrative  code  of  the  city  of  New  York,  the  emergency  tenant
         protection act of nineteen seventy-four and the emergency housing rent
         control  law,  in relation to adjustment of maximum allowable rent; to
         amend chapter 97 of the laws of 2011, amending the  general  municipal
         law and the education law, relating to establishing limits upon school
         district  and  local  government  tax levies, in relation to extending
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12037-01-5
       S. 6012                             2                            A. 8323
         such provisions; and to amend the real property tax law,  in  relation
         to extending certain provisions relating to exemption from taxation of
         alterations  and  improvements to multiple dwellings; to amend the tax
         law  and  part C of chapter 2 of the laws of 2005 amending the tax law
         relating to exemptions from  sales  and  use  taxes,  in  relation  to
         extending  certain  provisions  thereof; to amend the general city law
         and the administrative code of the city of New York,  in  relation  to
         extending  certain  provisions  relating  to relocation and employment
         assistance credits; to amend the general city law and the  administra-
         tive  code  of  the city of New York, in relation to extending certain
         provisions  relating  to  specially  eligible  premises  and   special
         rebates;  to amend the administrative code of the city of New York, in
         relation to extending certain provisions relating  to  exemptions  and
         deductions  from  base  rent;  to  amend the real property tax law, in
         relation to extending certain provisions relating to eligibility peri-
         ods and requirements; to amend the real property tax law, in  relation
         to  extending  certain  provisions relating to eligibility periods and
         requirements, benefit periods  and  applications  for  abatements;  to
         amend  the administrative code of the city of New York, in relation to
         extending certain provisions relating to a special reduction in deter-
         mining the taxable base rent; to amend the real property tax  law  and
         the  administrative  code  of  the  city  of  New York, in relation to
         extending certain provisions relating to applications for abatement of
         tax payments; to amend the real  property  tax  law,  in  relation  to
         extending  certain  provision  relating  to  partial tax abatement for
         residential real property held in the cooperative or condominium  form
         of  ownership in a city having a population of one million or more; to
         amend the real property tax law,  in  relation  to  extending  certain
         provisions  relating  to  exemptions  of  certain new or substantially
         rehabilitated multiple dwellings from local  taxation;  to  amend  the
         public  housing law, in relation to the division of housing and commu-
         nity renewal being authorized to establish a tenant  protection  unit;
         and  to amend the multiple dwelling law, in relation to interim multi-
         ple dwellings (Part A); to amend the education  law,  in  relation  to
         charter  schools (Subpart A); making an appropriation to the education
         department for reimbursement to non-public  schools  (Subpart  B);  to
         amend  the  education  law, in relation to the release of standardized
         test questions and answers, teacher  evaluations  and  establishing  a
         content   review  committee;  and  making  an  appropriation  therefor
         (Subpart C); to amend chapter 91 of the laws  of  2002,  amending  the
         education  law  and  other  laws relating to reorganization of the New
         York city school construction authority, board of education and commu-
         nity boards, in relation to the effectiveness thereof; to amend  chap-
         ter 345 of the laws of 2009, amending the education law and other laws
         relating to the New York city board of education, chancellor, communi-
         ty  councils  and community superintendents, in relation to the effec-
         tiveness thereof; and relating to the education  budget  plan  of  the
         mayor  of  the city of New York (Subpart D); and to amend the domestic
         relations law, in relation to determining who may solemnize a marriage
         (Subpart E) (Part B); and Intentionally omitted (Subpart A); to  amend
         the tax law, in relation to establishing a property tax relief credit;
         to  amend  part  K of chapter 59 of the laws of 2014, amending the tax
         law relating to providing an enhanced real property tax circuit break-
         er, in relation to the effectiveness thereof (Subpart B); to amend the
         education law and the general municipal law, in  relation  to  capital
         local  expenditures  and  the  quantity  change factor (Subpart C); to
       S. 6012                             3                            A. 8323
         amend the tax law, in relation to extending the authority of the coun-
         ty of Nassau to impose additional sales and  compensating  use  taxes,
         and  extending  local  government assistance programs in Nassau county
         (Subpart  D); to amend the tax law and the vehicle and traffic law, in
         relation to special motor vehicle use taxes imposed by the  county  of
         Suffolk (Subpart E); to authorize assistance to the city of Yonkers to
         support  public  schools  in the city (Subpart F); making an appropri-
         ation for money for services and expenses of  the  city  of  Rochester
         (Subpart  G);  and  appropriating  money  for certain municipal corpo-
         rations and school districts; and providing for  the  repeal  of  such
         provisions upon expiration thereof (Subpart H) (Part C)
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act enacts into law major  components  of  legislation
    2  relating  to  real  property  tax levies, rent regulation and education.
    3  Each component is wholly contained within a Part identified as  Parts  A
    4  through  C.  The  effective date for each particular provision contained
    5  within such Part is set forth in the last  section  of  such  Part.  Any
    6  provision  in  any section contained within a Part, including the effec-
    7  tive date of the Part, which makes a reference to  a  section  "of  this
    8  act",  when  used in connection with that particular component, shall be
    9  deemed to mean and refer to the corresponding section  of  the  Part  in
   10  which  it  is  found.  Section  three of this act sets forth the general
   11  effective date of this act.
   12                                   PART A
   13    Section 1. Short title. This act shall be known and may  be  cited  as
   14  the "rent act of 2015".
   15    S  1-a.  Section  17  of  chapter 576 of the laws of 1974 amending the
   16  emergency housing rent control  law  relating  to  the  control  of  and
   17  stabilization  of rent in certain cases, as amended by chapter 19 of the
   18  laws of 2015, is amended to read as follows:
   19    S 17. Effective date.   This act shall  take  effect  immediately  and
   20  shall  remain  in full force and effect until and including the [twenty-
   21  third] FIFTEENTH day of June [2015] 2019; except that sections  two  and
   22  three  shall take effect with respect to any city having a population of
   23  one million or more and section one shall take effect  with  respect  to
   24  any  other  city,  or any town or village whenever the local legislative
   25  body of a city, town or village determines the  existence  of  a  public
   26  emergency  pursuant  to section three of the emergency tenant protection
   27  act of nineteen seventy-four, as enacted by section four  of  this  act,
   28  and  provided  that  the housing accommodations subject on the effective
   29  date of this act to stabilization pursuant to the  New  York  city  rent
   30  stabilization law of nineteen hundred sixty-nine shall remain subject to
   31  such law upon the expiration of this act.
   32    S  2.  Subdivision  2  of section 1 of chapter 274 of the laws of 1946
   33  constituting the emergency housing rent control law, as amended by chap-
   34  ter 19 of the laws of 2015, is amended to read as follows:
   35    2. The provisions  of  this  act,  and  all  regulations,  orders  and
   36  requirements  thereunder shall remain in full force and effect until and
   37  including June [23] 15, [2015] 2019.
       S. 6012                             4                            A. 8323
    1    S 3. Section 2 of chapter 329 of the laws of 1963 amending  the  emer-
    2  gency housing rent control law relating to recontrol of rents in Albany,
    3  as  amended  by  chapter  19  of the laws of 2015, is amended to read as
    4  follows:
    5    S  2.  This  act  shall  take effect immediately and the provisions of
    6  subdivision 6 of section 12 of the emergency housing rent  control  law,
    7  as  added  by  this act, shall remain in full force and effect until and
    8  including June [23] 15, [2015] 2019.
    9    S 4. Section 10 of chapter 555 of the laws of 1982 amending the gener-
   10  al business law and the administrative code of  the  city  of  New  York
   11  relating  to conversion of residential property to cooperative or condo-
   12  minium ownership in the city of New York, as amended by  chapter  19  of
   13  the laws of 2015, is amended to read as follows:
   14    S  10.  This  act  shall  take  effect immediately; provided, that the
   15  provisions of sections one, two and nine of this  act  shall  remain  in
   16  full  force  and  effect  only  until and including June [23] 15, [2015]
   17  2019; provided further that the provisions of section three of this  act
   18  shall  remain  in full force and effect only so long as the public emer-
   19  gency requiring the regulation and  control  of  residential  rents  and
   20  evictions  continues  as  provided  in subdivision 3 of section 1 of the
   21  local emergency housing rent control  act;  provided  further  that  the
   22  provisions  of  sections  four,  five,  six  and seven of this act shall
   23  expire in accordance with the provisions of section 26-520 of the admin-
   24  istrative code of the city of New York as such section of  the  adminis-
   25  trative  code  is, from time to time, amended; provided further that the
   26  provisions of section 26-511 of the administrative code of the  city  of
   27  New  York, as amended by this act, which the New York City Department of
   28  Housing Preservation and Development must find are contained in the code
   29  of the real estate industry stabilization association of  such  city  in
   30  order  to approve it, shall be deemed contained therein as of the effec-
   31  tive date of this act; and provided further that any plan  accepted  for
   32  filing  by the department of law on or before the effective date of this
   33  act shall continue to be governed by the provisions of section  352-eeee
   34  of the general business law as they had existed immediately prior to the
   35  effective date of this act.
   36    S 5. Section 4 of chapter 402 of the laws of 1983 amending the general
   37  business  law  relating  to conversion of rental residential property to
   38  cooperative or condominium ownership in certain  municipalities  in  the
   39  counties  of  Nassau, Westchester and Rockland, as amended by chapter 19
   40  of the laws of 2015, is amended to read as follows:
   41    S 4. This act  shall  take  effect  immediately;  provided,  that  the
   42  provisions  of  sections  one and three of this act shall remain in full
   43  force and effect only until and including June [23] 15, [2015] 2019; and
   44  provided further that any plan accepted for filing by the department  of
   45  law  on  or  before  the effective date of this act shall continue to be
   46  governed by the provisions of section 352-eee of  the  general  business
   47  law  as they had existed immediately prior to the effective date of this
   48  act.
   49    S 6. Subdivision 6 of section 46 of chapter 116 of the  laws  of  1997
   50  constituting the rent regulation reform act of 1997, as amended by chap-
   51  ter 19 of the laws of 2015, is amended to read as follows:
   52    6.  sections  twenty-eight, twenty-eight-a, twenty-eight-b and twenty-
   53  eight-c of this act shall expire and be deemed repealed after June  [23]
   54  15, [2015] 2019;
   55    S 7. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
   56  laws  of  1946,  constituting the emergency housing rent control law, as
       S. 6012                             5                            A. 8323
    1  amended by section 9 of part B of chapter 97 of the  laws  of  2011,  is
    2  amended to read as follows:
    3    (n)  any  housing  accommodation  with  a maximum rent of two thousand
    4  dollars or more per month at any time between the effective date of this
    5  paragraph and October first, nineteen hundred ninety-three which  is  or
    6  becomes vacant on or after the effective date of this paragraph; or, for
    7  any housing accommodation with a maximum rent of two thousand dollars or
    8  more  per  month  at any time on or after the effective date of the rent
    9  regulation reform act of 1997 and before the effective date of the  rent
   10  act  of  2011, which is or becomes vacant on or after the effective date
   11  of the rent regulation reform act of 1997 and before the effective  date
   12  of the rent act of 2011. This exclusion shall apply regardless of wheth-
   13  er the next tenant in occupancy or any subsequent tenant in occupancy is
   14  charged  or  pays  less  than  two thousand dollars a month; or, for any
   15  housing accommodation with a maximum rent of two thousand  five  hundred
   16  dollars  or more per month at any time on or after the effective date of
   17  the rent act of 2011, which is or becomes vacant on or after such effec-
   18  tive date, BUT PRIOR TO THE EFFECTIVE DATE OF THE RENT ACT OF 2015;  OR,
   19  ANY HOUSING ACCOMMODATION WITH A LEGAL REGULATED RENT THAT WAS TWO THOU-
   20  SAND SEVEN HUNDRED DOLLARS OR MORE PER MONTH AT ANY TIME ON OR AFTER THE
   21  EFFECTIVE  DATE  OF THE RENT ACT OF 2015, WHICH BECOMES VACANT AFTER THE
   22  EFFECTIVE DATE OF THE RENT ACT OF 2015, PROVIDED, HOWEVER, THAT STARTING
   23  ON JANUARY 1, 2016, AND ANNUALLY THEREAFTER, THE MAXIMUM LEGAL REGULATED
   24  RENT FOR THIS DEREGULATION THRESHOLD, SHALL ALSO  BE  INCREASED  BY  THE
   25  SAME  PERCENTAGE AS THE MOST RECENT ONE YEAR RENEWAL ADJUSTMENT, ADOPTED
   26  BY THE APPLICABLE RENT GUIDELINES  BOARD.  This  exclusion  shall  apply
   27  regardless  of  whether  the  next tenant in occupancy or any subsequent
   28  tenant in occupancy actually is charged or pays less than  two  thousand
   29  [five]  SEVEN  hundred  dollars  [a], AS ADJUSTED BY THE APPLICABLE RENT
   30  GUIDELINES BOARD, PER month. An exclusion  pursuant  to  this  paragraph
   31  shall not apply, however, to or become effective with respect to housing
   32  accommodations which the commissioner determines or finds that the land-
   33  lord or any person acting on his or her behalf, with intent to cause the
   34  tenant  to  vacate, has engaged in any course of conduct (including, but
   35  not limited to, interruption or  discontinuance  of  required  services)
   36  which  interfered with or disturbed or was intended to interfere with or
   37  disturb the comfort, repose, peace or quiet of the tenant in his or  her
   38  use  or  occupancy  of the housing accommodations and in connection with
   39  such course of conduct, any other general enforcement provision of  this
   40  law shall also apply.
   41    S  8. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
   42  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
   43  protection  act  of  nineteen  seventy-four, as amended by section 10 of
   44  part B of chapter 97 of the laws of 2011, is amended to read as follows:
   45    (13) any housing accommodation with a  legal  regulated  rent  of  two
   46  thousand  dollars  or  more  per month at any time between the effective
   47  date of this paragraph and October first, nineteen hundred  ninety-three
   48  which  is or becomes vacant on or after the effective date of this para-
   49  graph; or, for any housing accommodation with a legal regulated rent  of
   50  two  thousand  dollars  or  more  per  month at any time on or after the
   51  effective date of the rent regulation reform act of 1997 and before  the
   52  effective date of the rent act of 2011, which is or becomes vacant on or
   53  after  the  effective date of the rent regulation reform act of 1997 and
   54  before the effective date of the rent act of 2011. This exclusion  shall
   55  apply  regardless  of whether the next tenant in occupancy or any subse-
   56  quent tenant in occupancy is charged or  pays  less  than  two  thousand
       S. 6012                             6                            A. 8323
    1  dollars  a  month;  or, for any housing accommodation with a legal regu-
    2  lated rent of two thousand five hundred dollars or more per month at any
    3  time on or after the effective date of the rent act of 2011, which is or
    4  becomes  vacant on or after such effective date, BUT PRIOR TO THE EFFEC-
    5  TIVE DATE OF THE RENT ACT OF 2015; OR, ANY HOUSING ACCOMMODATION WITH  A
    6  LEGAL REGULATED RENT THAT WAS TWO THOUSAND SEVEN HUNDRED DOLLARS OR MORE
    7  PER  MONTH AT ANY TIME ON OR AFTER THE EFFECTIVE DATE OF THE RENT ACT OF
    8  2015, WHICH BECOMES VACANT AFTER THE EFFECTIVE DATE OF THE RENT  ACT  OF
    9  2015,  PROVIDED, HOWEVER, THAT STARTING ON JANUARY 1, 2016, AND ANNUALLY
   10  THEREAFTER, THE MAXIMUM  LEGAL  REGULATED  RENT  FOR  THIS  DEREGULATION
   11  THRESHOLD,  SHALL  ALSO  BE INCREASED BY THE SAME PERCENTAGE AS THE MOST
   12  RECENT ONE YEAR RENEWAL  ADJUSTMENT,  ADOPTED  BY  THE  APPLICABLE  RENT
   13  GUIDELINES  BOARD.  An  exclusion pursuant to this paragraph shall apply
   14  regardless of whether the next tenant in  occupancy  or  any  subsequent
   15  tenant  in  occupancy actually is charged or pays less than two thousand
   16  [five] SEVEN hundred dollars a month.  Provided however, that an  exclu-
   17  sion  pursuant  to  this  paragraph  shall not apply to housing accommo-
   18  dations which became or become subject to this  act  (a)  by  virtue  of
   19  receiving  tax benefits pursuant to section four hundred twenty-one-a or
   20  four hundred eighty-nine of the real property tax law, except as  other-
   21  wise provided in subparagraph (i) of paragraph (f) of subdivision two of
   22  section  four  hundred twenty-one-a of the real property tax law, or (b)
   23  by virtue of article seven-C of the multiple dwelling  law.  This  para-
   24  graph  shall  not apply, however, to or become effective with respect to
   25  housing accommodations which the commissioner determines or  finds  that
   26  the  landlord  or any person acting on his or her behalf, with intent to
   27  cause the tenant to  vacate,  has  engaged  in  any  course  of  conduct
   28  (including,  but  not  limited  to,  interruption  or  discontinuance of
   29  required services) which interfered with or disturbed or was intended to
   30  interfere with or disturb the comfort, repose, peace  or  quiet  of  the
   31  tenant  in his or her use or occupancy of the housing accommodations and
   32  in connection with such course of conduct, any other general enforcement
   33  provision of this act shall also apply.
   34    S 9. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
   35  26-403 of the administrative code of the city of New York, as amended by
   36  section  11  of  part B of chapter 97 of the laws of 2011, is amended to
   37  read as follows:
   38    (k) Any housing accommodation which becomes vacant on or  after  April
   39  first,  nineteen  hundred  ninety-seven and before the effective date of
   40  the rent act of 2011, and where at the  time  the  tenant  vacated  such
   41  housing  accommodation the maximum rent was two thousand dollars or more
   42  per month; or, for any housing accommodation which is or becomes  vacant
   43  on or after the effective date of the rent regulation reform act of 1997
   44  and  before  the  effective  date of the rent act of 2011 with a maximum
   45  rent of two thousand dollars or more per  month.  This  exclusion  shall
   46  apply  regardless  of whether the next tenant in occupancy or any subse-
   47  quent tenant in occupancy is charged or  pays  less  than  two  thousand
   48  dollars  a  month; or, for any housing accommodation with a maximum rent
   49  of two thousand five hundred dollars or more per month at any time on or
   50  after the effective date of the rent act of 2011, which  is  or  becomes
   51  vacant  on or after such effective date, BUT PRIOR TO THE EFFECTIVE DATE
   52  OF THE RENT ACT OF 2015; OR, ANY  HOUSING  ACCOMMODATION  WITH  A  LEGAL
   53  REGULATED  RENT  THAT WAS TWO THOUSAND SEVEN HUNDRED DOLLARS OR MORE PER
   54  MONTH AT ANY TIME ON OR AFTER THE EFFECTIVE DATE  OF  THE  RENT  ACT  OF
   55  2015,  WHICH  BECOMES VACANT AFTER THE EFFECTIVE DATE OF THE RENT ACT OF
   56  2015, PROVIDED, HOWEVER, THAT STARTING ON JANUARY 1, 2016, AND  ANNUALLY
       S. 6012                             7                            A. 8323
    1  THEREAFTER,  THE  MAXIMUM  LEGAL  REGULATED  RENT  FOR THIS DEREGULATION
    2  THRESHOLD, SHALL ALSO BE INCREASED BY  THE  SAME  PERCENT  AS  THE  MOST
    3  RECENT  ONE  YEAR  RENEWAL ADJUSTMENT, ADOPTED BY THE NEW YORK CITY RENT
    4  GUIDELINES  BOARD PURSUANT TO THE RENT STABILIZATION LAW. This exclusion
    5  shall apply regardless of whether the next tenant in  occupancy  or  any
    6  subsequent tenant in occupancy actually is charged or pays less than two
    7  thousand [five] SEVEN hundred dollars a month. Provided however, that an
    8  exclusion  pursuant  to  this  subparagraph  shall  not apply to housing
    9  accommodations which became or become subject to this law by  virtue  of
   10  receiving  tax  benefits pursuant to section four hundred eighty-nine of
   11  the real property tax law. This subparagraph shall not  apply,  however,
   12  to  or become effective with respect to housing accommodations which the
   13  commissioner determines or finds that the landlord or any person  acting
   14  on  his  or  her  behalf, with intent to cause the tenant to vacate, has
   15  engaged in any course of conduct (including, but not limited to,  inter-
   16  ruption or discontinuance of required services) which interfered with or
   17  disturbed  or  was  intended  to  interfere with or disturb the comfort,
   18  repose, peace or quiet of the tenant in his or her use or  occupancy  of
   19  the  housing  accommodations  and  in  connection  with  such  course of
   20  conduct, any other general enforcement provision of this law shall  also
   21  apply.
   22    S  10.  Section 26-504.2 of the administrative code of the city of New
   23  York, as amended by section 12 of part B of chapter 97 of  the  laws  of
   24  2011, is amended to read as follows:
   25    S 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo-
   26  dations"  shall  not  include:  any  housing accommodation which becomes
   27  vacant on or after April first, nineteen hundred ninety-seven and before
   28  the effective date of the rent act of 2011 and where  at  the  time  the
   29  tenant  vacated  such housing accommodation the legal regulated rent was
   30  two thousand dollars or more per month; or,  for  any  housing  accommo-
   31  dation  which is or becomes vacant on or after the effective date of the
   32  rent regulation reform act of 1997 and before the effective date of  the
   33  rent act of 2011, with a legal regulated rent of two thousand dollars or
   34  more  per month; OR FOR ANY HOUSING ACCOMMODATION THAT BECOMES VACANT ON
   35  OR AFTER THE EFFECTIVE DATE OF THE RENT ACT OF 2015,  WHERE  SUCH  LEGAL
   36  REGULATED  RENT  WAS  TWO THOUSAND SEVEN HUNDRED DOLLARS OR MORE, AND AS
   37  FURTHER ADJUSTED BY THIS SECTION.   STARTING ON  JANUARY  1,  2016,  AND
   38  ANNUALLY  THEREAFTER,  THE MAXIMUM LEGAL REGULATED RENT FOR THIS DEREGU-
   39  LATION THRESHOLD, SHALL ALSO BE INCREASED BY THE  SAME  PERCENT  AS  THE
   40  MOST  RECENT  ONE  YEAR RENEWAL ADJUSTMENT, ADOPTED BY THE NEW YORK CITY
   41  RENT GUIDELINES BOARD PURSUANT TO THE  RENT  STABILIZATION  LAW.    This
   42  exclusion shall apply regardless of whether the next tenant in occupancy
   43  or  any  subsequent tenant in occupancy is charged or pays less than two
   44  thousand dollars a month; or, for any housing accommodation with a legal
   45  regulated rent of two thousand five hundred dollars or more per month at
   46  any time on or after the effective date of the rent act of  2011,  which
   47  is  or  becomes vacant on or after such effective date, BUT PRIOR TO THE
   48  EFFECTIVE DATE OF THE RENT ACT OF 2015; OR,  ANY  HOUSING  ACCOMMODATION
   49  WITH  A LEGAL REGULATED RENT THAT WAS TWO THOUSAND SEVEN HUNDRED DOLLARS
   50  OR MORE PER MONTH AT ANY TIME ON OR AFTER THE EFFECTIVE DATE OF THE RENT
   51  ACT OF 2015, WHICH BECOMES VACANT AFTER THE EFFECTIVE DATE OF  THE  RENT
   52  ACT  OF  2015,  PROVIDED, HOWEVER, THAT STARTING ON JANUARY 1, 2016, AND
   53  ANNUALLY THEREAFTER, SUCH LEGAL REGULATED  RENT  FOR  THIS  DEREGULATION
   54  THRESHOLD,  SHALL  ALSO  BE INCREASED BY THE SAME PERCENTAGE AS THE MOST
   55  RECENT ONE YEAR RENEWAL ADJUSTMENT, ADOPTED BY THE NEW  YORK  CITY  RENT
   56  GUIDELINES  BOARD.  This exclusion shall apply regardless of whether the
       S. 6012                             8                            A. 8323
    1  next tenant in occupancy or any subsequent tenant in occupancy  actually
    2  is  charged or pays less than two thousand [five] SEVEN hundred dollars,
    3  AS ADJUSTED BY THE APPLICABLE RENT GUIDELINES BOARD, a  month.  Provided
    4  however,  that an exclusion pursuant to this subdivision shall not apply
    5  to housing accommodations which became or become subject to this law (a)
    6  by virtue of receiving tax benefits pursuant  to  section  four  hundred
    7  twenty-one-a  or  four hundred eighty-nine of the real property tax law,
    8  except as otherwise provided in subparagraph (i)  of  paragraph  (f)  of
    9  subdivision two of section four hundred twenty-one-a of the real proper-
   10  ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
   11  law.  This section shall not apply, however, to or become effective with
   12  respect to housing accommodations which the commissioner  determines  or
   13  finds  that the landlord or any person acting on his or her behalf, with
   14  intent to cause the tenant to vacate, engaged in any course  of  conduct
   15  (including,  but  not  limited  to,  interruption  or  discontinuance of
   16  required services) which interfered with or disturbed or was intended to
   17  interfere with or disturb the comfort, repose, peace  or  quiet  of  the
   18  tenant  in his or her use or occupancy of the housing accommodations and
   19  in connection with such course of conduct, any other general enforcement
   20  provision of this law shall also apply.
   21    b. The owner of any housing accommodation that is not subject to  this
   22  law  pursuant  to  the  provisions  of  subdivision a of this section or
   23  subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
   24  code shall give written notice certified by  such  owner  to  the  first
   25  tenant  of  that  housing accommodation after such housing accommodation
   26  becomes exempt from the provisions of this law  or  the  city  rent  and
   27  rehabilitation  law.  Such notice shall contain the last regulated rent,
   28  the reason that such housing accommodation is not subject to this law or
   29  the city rent and rehabilitation law, a calculation of  how  either  the
   30  rental  amount  charged  when  there  is  no  lease or the rental amount
   31  provided for in the lease has been derived so as to reach  two  thousand
   32  dollars  or  more per month or, for a housing accommodation with a legal
   33  regulated rent or maximum rent of two thousand five hundred  dollars  or
   34  more  per  month on or after the effective date of the rent act of 2011,
   35  AND BEFORE THE EFFECTIVE DATE OF THE RENT  ACT  OF  2015,  which  is  or
   36  becomes  vacant on or after such effective date, whether the next tenant
   37  in occupancy or any subsequent tenant in occupancy actually  is  charged
   38  or pays less than a legal regulated rent or maximum rent of two thousand
   39  five  hundred  dollars  or more per month, OR TWO THOUSAND SEVEN HUNDRED
   40  DOLLARS OR MORE, PER MONTH, STARTING ON JANUARY 1,  2016,  AND  ANNUALLY
   41  THEREAFTER,  THE  MAXIMUM  LEGAL  REGULATED  RENT  FOR THIS DEREGULATION
   42  THRESHOLD, SHALL ALSO BE INCREASED BY  THE  SAME  PERCENT  AS  THE  MOST
   43  RECENT  ONE  YEAR  RENEWAL ADJUSTMENT, ADOPTED BY THE NEW YORK CITY RENT
   44  GUIDELINES BOARD PURSUANT TO THE RENT  STABILIZATION  LAW,  a  statement
   45  that  the  last legal regulated rent or the maximum rent may be verified
   46  by the tenant by contacting the state division of housing and  community
   47  renewal,  or any successor thereto, and the address and telephone number
   48  of such agency, or any successor thereto. Such notice shall be  sent  by
   49  certified  mail  within thirty days after the tenancy commences or after
   50  the signing of the lease by both  parties,  whichever  occurs  first  or
   51  shall  be  delivered to the tenant at the signing of the lease. In addi-
   52  tion, the owner shall send and certify to  the  tenant  a  copy  of  the
   53  registration  statement  for  such  housing accommodation filed with the
   54  state division of housing and community  renewal  indicating  that  such
   55  housing  accommodation  became exempt from the provisions of this law or
   56  the city rent and rehabilitation law, which form shall include the  last
       S. 6012                             9                            A. 8323
    1  regulated rent, and shall be sent to the tenant within thirty days after
    2  the  tenancy  commences  or  the  filing of such registration, whichever
    3  occurs later.
    4    S 11. Subdivision a-2 of section 10 of section 4 of chapter 576 of the
    5  laws  of 1974, constituting the emergency tenant protection act of nine-
    6  teen seventy-four, as amended by section 13 of part B of chapter  97  of
    7  the laws of 2011, is amended to read as follows:
    8    (a-2)  Provides  that  where the amount of rent charged to and paid by
    9  the tenant is less than the legal regulated rent for the housing  accom-
   10  modation, the amount of rent for such housing accommodation which may be
   11  charged  upon renewal or upon vacancy thereof, may, at the option of the
   12  owner, be based upon such previously established legal  regulated  rent,
   13  as adjusted by the most recent applicable guidelines increases and other
   14  increases  authorized  by law. [Where, subsequent to vacancy, such legal
   15  regulated rent, as adjusted by the  most  recent  applicable  guidelines
   16  increases  and  any  other  increases  authorized by law is two thousand
   17  dollars or more per month or, for any housing accommodation which is  or
   18  becomes  vacant  on or after the effective date of the rent act of 2011,
   19  is two thousand five hundred dollars or more  per  month,  such  housing
   20  accommodation shall be excluded from the provisions of this act pursuant
   21  to paragraph thirteen of subdivision a of section five of this act] SUCH
   22  HOUSING  ACCOMMODATION SHALL BE EXCLUDED FROM THE PROVISIONS OF THIS ACT
   23  PURSUANT TO PARAGRAPH THIRTEEN OF SUBDIVISION A OF SECTION FIVE OF  THIS
   24  ACT  WHEN  SUBSEQUENT  TO  VACANCY: (I) SUCH LEGAL REGULATED RENT IS TWO
   25  THOUSAND FIVE HUNDRED DOLLARS PER MONTH, OR MORE, FOR ANY HOUSING ACCOM-
   26  MODATION THAT IS, OR BECOMES, VACANT AFTER THE  EFFECTIVE  DATE  OF  THE
   27  RENT ACT OF 2011 BUT PRIOR TO THE EFFECTIVE DATE OF THE RENT ACT OF 2015
   28  OR  (II) SUCH LEGAL REGULATED RENT IS TWO THOUSAND SEVEN HUNDRED DOLLARS
   29  PER MONTH OR MORE FOR ANY  HOUSING  ACCOMMODATION  THAT  IS  OR  BECOMES
   30  VACANT  ON  OR  AFTER THE RENT ACT OF 2015; STARTING ON JANUARY 1, 2016,
   31  AND ANNUALLY THEREAFTER, THE  MAXIMUM  LEGAL  REGULATED  RENT  FOR  THIS
   32  DEREGULATION  THRESHOLD,  SHALL ALSO BE INCREASED BY THE SAME PERCENT AS
   33  THE MOST RECENT ONE YEAR RENEWAL ADJUSTMENT, ADOPTED BY  THE  APPLICABLE
   34  RENT GUIDELINES BOARD PURSUANT TO THE RENT STABILIZATION LAW.
   35    S  12. Paragraph 14 of subdivision c of section 26-511 of the adminis-
   36  trative code of the city of New York, as amended by section 14 of part B
   37  of chapter 97 of the laws of 2011, is amended to read as follows:
   38    (14) provides that where the amount of rent charged to and paid by the
   39  tenant is less than the legal regulated rent for  the  housing  accommo-
   40  dation,  the  amount of rent for such housing accommodation which may be
   41  charged upon renewal or upon vacancy thereof, may, at the option of  the
   42  owner,  be  based upon such previously established legal regulated rent,
   43  as adjusted by the most recent applicable guidelines increases  and  any
   44  other  increases  authorized by law. [Where, subsequent to vacancy, such
   45  legal regulated rent, as adjusted by the most recent  applicable  guide-
   46  lines  increases  and any other increases authorized by law is two thou-
   47  sand dollars or more per month or, for any housing  accommodation  which
   48  is  or  becomes vacant on or after the effective date of the rent act of
   49  2011, is two thousand five hundred dollars or more per month, such hous-
   50  ing accommodation shall be excluded from  the  provisions  of  this  law
   51  pursuant to section 26-504.2 of this chapter] SUCH HOUSING ACCOMMODATION
   52  SHALL  BE  EXCLUDED FROM THE PROVISIONS OF THIS CODE PURSUANT TO SECTION
   53  26-504.2 OF THIS CHAPTER WHEN, SUBSEQUENT TO  VACANCY:  (I)  SUCH  LEGAL
   54  REGULATED RENT PRIOR TO VACANCY IS TWO THOUSAND FIVE HUNDRED DOLLARS PER
   55  MONTH,  OR MORE, FOR ANY HOUSING ACCOMMODATION THAT IS OR BECOMES VACANT
   56  AFTER THE EFFECTIVE DATE OF THE RENT ACT OF 2011 BUT PRIOR TO THE EFFEC-
       S. 6012                            10                            A. 8323
    1  TIVE DATE OF THE RENT ACT OF 2015 OR (II) SUCH LEGAL REGULATED  RENT  IS
    2  TWO  THOUSAND SEVEN HUNDRED DOLLARS PER MONTH OR MORE, PROVIDED, HOWEVER
    3  THAT ON JANUARY 1, 2016, AND  ANNUALLY  THEREAFTER,  THE  MAXIMUM  LEGAL
    4  REGULATED  RENT FOR THIS DEREGULATION THRESHOLD SHALL BE ADJUSTED BY THE
    5  SAME PERCENTAGE AS THE  MOST  RECENT  ONE  YEAR  RENEWAL  ADJUSTMENT  AS
    6  ADJUSTED BY THE RELEVANT RENT GUIDELINES BOARD, FOR ANY HOUSING ACCOMMO-
    7  DATION THAT IS OR BECOMES VACANT ON OR AFTER THE RENT ACT OF 2015.
    8    S  13.  Paragraph  3 of subdivision (a) of section 5-a of section 4 of
    9  chapter 576 of the laws  of  1974,  constituting  the  emergency  tenant
   10  protection  act of nineteen seventy-four, as added by section 30 of part
   11  B of chapter 97 of the laws of 2011, is amended to read as follows:
   12    3.  Deregulation  rent  threshold  means  two  thousand  dollars   for
   13  proceedings  commenced  before  July  first,  two  thousand  eleven. For
   14  proceedings commenced on or after July first, two thousand  eleven,  the
   15  deregulation  rent  threshold  means  two thousand five hundred dollars.
   16  FOR PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND  FIFTEEN,
   17  THE  DEREGULATION  RENT  THRESHOLD  MEANS  TWO  THOUSAND  SEVEN  HUNDRED
   18  DOLLARS, PROVIDED, HOWEVER THAT ON JANUARY 1, 2016, AND ANNUALLY  THERE-
   19  AFTER,  THE MAXIMUM LEGAL REGULATED RENT FOR THIS DEREGULATION THRESHOLD
   20  SHALL BE ADJUSTED BY THE SAME PERCENTAGE AS THE  MOST  RECENT  ONE  YEAR
   21  RENEWAL ADJUSTMENT ADOPTED BY THE RENT GUIDELINES BOARD.
   22    S  14. Paragraph 3 of subdivision (a) of section 2-a of chapter 274 of
   23  the laws of 1946, constituting the emergency housing rent  control  law,
   24  as  added  by section 32 of part B of chapter 97 of the laws of 2011, is
   25  amended to read as follows:
   26    3.  Deregulation  rent  threshold  means  two  thousand  dollars   for
   27  proceedings  commenced  prior  to  July  first, two thousand eleven. For
   28  proceedings commenced on or after July first, two thousand  eleven,  the
   29  deregulation  rent  threshold  means  two thousand five hundred dollars.
   30  FOR PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND  FIFTEEN,
   31  THE  DEREGULATION  RENT  THRESHOLD  MEANS  TWO  THOUSAND  SEVEN  HUNDRED
   32  DOLLARS, PROVIDED, HOWEVER, THAT ON JANUARY 1, 2016, AND ANNUALLY THERE-
   33  AFTER, THE MAXIMUM LEGAL REGULATED RENT FOR THIS DEREGULATION  THRESHOLD
   34  SHALL  BE  ADJUSTED  BY  THE SAME PERCENTAGE AS THE MOST RECENT ONE YEAR
   35  RENEWAL ADJUSTMENT ADOPTED BY THE RENT GUIDELINES BOARD.
   36    S 15. Paragraph 3 of subdivision (a) of section 26-403.1 of the admin-
   37  istrative code of the city of New York, as added by section 34 of part B
   38  of chapter 97 of the laws of 2011, is amended to read as follows:
   39    3.  Deregulation  rent  threshold  means  two  thousand  dollars   for
   40  proceedings  commenced  before  July  first,  two  thousand  eleven. For
   41  proceedings commenced on or after July first, two thousand  eleven,  the
   42  deregulation  rent  threshold  means  two thousand five hundred dollars.
   43  FOR PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND  FIFTEEN,
   44  THE  DEREGULATION  RENT  THRESHOLD  MEANS  TWO  THOUSAND  SEVEN  HUNDRED
   45  DOLLARS, PROVIDED, HOWEVER, THAT ON JANUARY FIRST, TWO THOUSAND SIXTEEN,
   46  AND ANNUALLY THEREAFTER,  SUCH  DEREGULATION  RENT  THRESHOLD  SHALL  BE
   47  ADJUSTED  BY  THE  SAME  PERCENTAGE  AS THE MOST RECENT ONE YEAR RENEWAL
   48  ADJUSTMENT ADOPTED BY THE RELEVANT GUIDELINES BOARD.
   49    S 16. Paragraph 3 of subdivision (a) of section 26-504.3 of the admin-
   50  istrative code of the city of New York, as added by section 36 of part B
   51  of chapter 97 of the laws of 2011, is amended to read as follows:
   52    3.  Deregulation  rent  threshold  means  two  thousand  dollars   for
   53  proceedings  commenced  before  July  first,  two  thousand  eleven. For
   54  proceedings commenced on or after July first, two thousand  eleven,  the
   55  deregulation  rent  threshold  means  two thousand five hundred dollars.
   56  FOR PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND  FIFTEEN,
       S. 6012                            11                            A. 8323
    1  THE  DEREGULATION  RENT  THRESHOLD  MEANS  TWO  THOUSAND  SEVEN  HUNDRED
    2  DOLLARS, PROVIDED, HOWEVER, THAT ON JANUARY FIRST, TWO THOUSAND SIXTEEN,
    3  AND ANNUALLY THEREAFTER,  SUCH  DEREGULATION  RENT  THRESHOLD  SHALL  BE
    4  ADJUSTED  BY  THE  SAME  PERCENTAGE  AS THE MOST RECENT ONE YEAR RENEWAL
    5  ADJUSTMENT ADOPTED BY THE RELEVANT GUIDELINES BOARD.
    6    S 16-a. Paragraph 5-a of subdivision c of section 26-511 of the admin-
    7  istrative code of the city of New York, as amended by section 7 of  part
    8  B of chapter 97 of the laws of 2011, is amended to read as follows:
    9    (5-a)  provides  that,  notwithstanding any provision of this chapter,
   10  the legal regulated rent for any vacancy lease entered  into  after  the
   11  effective  date  of  this  paragraph shall be as hereinafter provided in
   12  this paragraph. The previous  legal  regulated  rent  for  such  housing
   13  accommodation  shall  be  increased by the following: (i) if the vacancy
   14  lease is for a term of two years, twenty percent of the  previous  legal
   15  regulated  rent;  or (ii) if the vacancy lease is for a term of one year
   16  the increase shall be twenty percent of  the  previous  legal  regulated
   17  rent  less  an  amount  equal to the difference between (a) the two year
   18  renewal lease guideline promulgated by the guidelines board of the  city
   19  of New York applied to the previous legal regulated rent and (b) the one
   20  year  renewal lease guideline promulgated by the guidelines board of the
   21  city of New York applied to the previous legal regulated rent.  HOWEVER,
   22  WHERE THE AMOUNT CHARGED AND PAID BY THE PRIOR TENANT PURSUANT TO  PARA-
   23  GRAPH  FOURTEEN  OF  THIS SUBDIVISION, WAS LESS THAN THE LEGAL REGULATED
   24  RENT, SUCH INCREASE TO THE LEGAL REGULATED RENT SHALL NOT EXCEED:   FIVE
   25  PERCENT  OF  THE PREVIOUS LEGAL REGULATED RENT IF THE LAST VACANCY LEASE
   26  COMMENCED LESS THAN TWO YEARS AGO; TEN PERCENT  OF  THE  PREVIOUS  LEGAL
   27  REGULATED RENT IF THE LAST VACANCY LEASE COMMENCED LESS THAN THREE YEARS
   28  AGO;  FIFTEEN  PERCENT  OF THE PREVIOUS LEGAL REGULATED RENT IF THE LAST
   29  VACANCY LEASE COMMENCED LESS THAN FOUR YEARS AGO; TWENTY PERCENT OF  THE
   30  PREVIOUS  LEGAL  REGULATED RENT IF THE LAST VACANCY LEASE COMMENCED FOUR
   31  OR MORE YEARS AGO. In addition, if the  legal  regulated  rent  was  not
   32  increased  with  respect  to  such  housing accommodation by a permanent
   33  vacancy allowance within eight years prior to a vacancy  lease  executed
   34  on  or  after  the effective date of this paragraph, the legal regulated
   35  rent may be further increased by an amount equal to the product  result-
   36  ing from multiplying such previous legal regulated rent by six-tenths of
   37  one  percent and further multiplying the amount of rent increase result-
   38  ing therefrom by the greater of (A) the number of years since the  impo-
   39  sition  of  the last permanent vacancy allowance, or (B) if the rent was
   40  not increased by a permanent vacancy allowance since the housing  accom-
   41  modation  became  subject to this chapter, the number of years that such
   42  housing accommodation has been subject to this chapter. Provided that if
   43  the previous legal regulated rent was less than  three  hundred  dollars
   44  the total increase shall be as calculated above plus one hundred dollars
   45  per  month. Provided, further, that if the previous legal regulated rent
   46  was at least three hundred dollars and no more than five hundred dollars
   47  in no event shall the total increase pursuant to this paragraph be  less
   48  than  one  hundred  dollars per month. Such increase shall be in lieu of
   49  any allowance authorized for the one or two year renewal component ther-
   50  eof, but shall be in addition to any other increases authorized pursuant
   51  to this chapter including an  adjustment  based  upon  a  major  capital
   52  improvement, or a substantial modification or increase of dwelling space
   53  or  services,  or  installation  of new equipment or improvements or new
   54  furniture or furnishings provided in or  to  the  housing  accommodation
   55  pursuant  to this section. The increase authorized in this paragraph may
       S. 6012                            12                            A. 8323
    1  not be implemented more than one time in  any  calendar  year,  notwith-
    2  standing the number of vacancy leases entered into in such year.
    3    S 16-b. Subdivision (a-1) of section 10 of section 4 of chapter 576 of
    4  the  laws of 1974 amending the emergency housing rent control law relat-
    5  ing to the control of and stabilization of rent  in  certain  cases,  as
    6  amended  by  section  8  of part B of chapter 97 of the laws of 2011, is
    7  amended to read as follows:
    8    (a-1) provides that, notwithstanding any provision of  this  act,  the
    9  legal regulated rent for any vacancy lease entered into after the effec-
   10  tive  date  of  this subdivision shall be as hereinafter set forth.  The
   11  previous legal regulated rent for such housing  accommodation  shall  be
   12  increased  by  the  following: (i) if the vacancy lease is for a term of
   13  two years, twenty percent of the previous legal regulated rent; or  (ii)
   14  if  the  vacancy  lease  is for a term of one year the increase shall be
   15  twenty percent of the previous legal regulated rent less an amount equal
   16  to the difference between (a)  the  two  year  renewal  lease  guideline
   17  promulgated  by  the guidelines board of the county in which the housing
   18  accommodation is located applied to the previous  legal  regulated  rent
   19  and  (b)  the one year renewal lease guideline promulgated by the guide-
   20  lines board of the county in which the housing accommodation is  located
   21  applied to the previous legal regulated rent.  HOWEVER, WHERE THE AMOUNT
   22  CHARGED  AND  PAID BY THE PRIOR TENANT PURSUANT TO PARAGRAPH FOURTEEN OF
   23  THIS SUBDIVISION, WAS LESS THAN THE LEGAL REGULATED RENT, SUCH  INCREASE
   24  TO  THE  LEGAL  REGULATED  RENT  SHALL NOT EXCEED:   FIVE PERCENT OF THE
   25  PREVIOUS LEGAL REGULATED RENT IF THE LAST VACANCY LEASE  COMMENCED  LESS
   26  THAN  TWO YEARS AGO; TEN PERCENT OF THE PREVIOUS LEGAL REGULATED RENT IF
   27  THE LAST VACANCY COMMENCED LESS THAN THREE YEARS AGO; FIFTEEN PERCENT OF
   28  THE PREVIOUS LEGAL REGULATED RENT IF THE LAST  VACANCY  LEASE  COMMENCED
   29  LESS THAN FOUR YEARS AGO; TWENTY PERCENT OF THE PREVIOUS LEGAL REGULATED
   30  RENT  IF  THE  LAST  VACANCY  LEASE COMMENCED FOUR OR MORE YEARS AGO. In
   31  addition, if the legal regulated rent was not increased with respect  to
   32  such housing accommodation by a permanent vacancy allowance within eight
   33  years  prior  to a vacancy lease executed on or after the effective date
   34  of this subdivision, the legal regulated rent may be  further  increased
   35  by an amount equal to the product resulting from multiplying such previ-
   36  ous legal regulated rent by six-tenths of one percent and further multi-
   37  plying the amount of rent increase resulting therefrom by the greater of
   38  (A)  the  number  of  years  since  the imposition of the last permanent
   39  vacancy allowance, or (B) if the rent was not increased by  a  permanent
   40  vacancy allowance since the housing accommodation became subject to this
   41  act,  the  number  of  years  that  such  housing accommodation has been
   42  subject to this act. Provided that if the previous legal regulated  rent
   43  was  less  than  three  hundred  dollars  the total increase shall be as
   44  calculated above plus one hundred dollars per month. Provided,  further,
   45  that  if  the  previous  legal regulated rent was at least three hundred
   46  dollars and no more than five hundred dollars  in  no  event  shall  the
   47  total  increase  pursuant  to  this subdivision be less than one hundred
   48  dollars per month. Such increase shall  be  in  lieu  of  any  allowance
   49  authorized  for the one or two year renewal component thereof, but shall
   50  be in addition to any other increases authorized pursuant  to  this  act
   51  including  an  adjustment  based  upon a major capital improvement, or a
   52  substantial modification or increase of dwelling space or  services,  or
   53  installation  of  new  equipment  or  improvements  or  new furniture or
   54  furnishings provided in or to  the  housing  accommodation  pursuant  to
   55  section  six  of this act.   The increase authorized in this subdivision
       S. 6012                            13                            A. 8323
    1  may not be implemented more than one time in any calendar year, notwith-
    2  standing the number of vacancy leases entered into in such year.
    3    S 17. The division of housing and community renewal shall, pursuant to
    4  this  act, promulgate rules and regulations to implement and enforce all
    5  provisions of this act and any law renewed or continued by this act.
    6    S 18. Section 13 of part A of chapter 97 of the laws of 2011, amending
    7  the general municipal law and the education law, relating to  establish-
    8  ing  limits  upon  school  district  and local government tax levies, is
    9  amended to read as follows:
   10    S 13. This act shall take effect immediately; provided, however,  that
   11  sections  two  through eleven of this act shall take effect July 1, 2011
   12  and shall first apply to school district budgets and the budget adoption
   13  process for the 2012-13 school year; and  shall  continue  to  apply  to
   14  school  district  budgets and the budget adoption process for any school
   15  year beginning in any calendar year during which this act is in  effect;
   16  provided further, that if section 26 of part A of chapter 58 of the laws
   17  of  2011 shall not have taken effect on or before such date then section
   18  ten of this act shall take effect on the  same  date  and  in  the  same
   19  manner  as  such  chapter  of  the  laws of 2011, takes effect; provided
   20  further, that section one of this act shall first apply to the  levy  of
   21  taxes  by  local governments for the fiscal year that begins in 2012 and
   22  shall continue to apply to the levy of taxes by  local  governments  for
   23  any  fiscal year beginning in any calendar year during which this act is
   24  in effect; provided, further, that this act shall remain in  full  force
   25  and  effect  at  a  minimum until and including June 15, [2016] 2020 and
   26  shall remain in effect thereafter only so long as the  public  emergency
   27  requiring  the regulation and control of residential rents and evictions
   28  and all such laws providing for such regulation and control continue  as
   29  provided  in  subdivision  3  of  section  1 of the local emergency rent
   30  control act, sections 26-501, 26-502 and 26-520  of  the  administrative
   31  code  of  the city of New York, section 17 of chapter 576 of the laws of
   32  1974 and subdivision 2 of section 1 of chapter 274 of the laws  of  1946
   33  constituting  the  emergency housing rent control law, and section 10 of
   34  chapter 555 of the laws of 1982, amending the general business  law  and
   35  the  administrative code of the city of New York relating to conversions
   36  of residential property  to cooperative or condominium ownership in  the
   37  city of New York as such laws are continued by chapter 93 of the laws of
   38  2011 and as such sections are amended from time to time.
   39    S  19.  The  opening  paragraph  of  paragraph (a) of subdivision 1 of
   40  section 489 of the real property tax law, as amended by chapter 4 of the
   41  laws of 2013, is amended to read as follows:
   42    Any city to which the multiple  dwelling  law  is  applicable,  acting
   43  through  its local legislative body or other governing agency, is hereby
   44  authorized and empowered, to and including January first,  two  thousand
   45  [fifteen]  NINETEEN, to adopt and amend local laws or ordinances provid-
   46  ing that any increase in assessed valuation of real  property  shall  be
   47  exempt  from  taxation  for  local  purposes, as provided herein, to the
   48  extent such increase results from:
   49    S 20. The closing paragraph of subparagraph  6  of  paragraph  (a)  of
   50  subdivision 1 of section 489 of the real property tax law, as amended by
   51  chapter 4 of the laws of 2013, is amended to read as follows:
   52    Such conversion, alterations or improvements shall be completed within
   53  thirty  months after the date on which same shall be started except that
   54  such thirty month limitation shall not apply to conversions of  residen-
   55  tial  units  which are registered with the loft board in accordance with
   56  article seven-C of the multiple dwelling law  pursuant  to  subparagraph
       S. 6012                            14                            A. 8323
    1  one  of  this  paragraph.  Notwithstanding  the foregoing, a sixty month
    2  period for completion shall be available for alterations or improvements
    3  undertaken by a housing development fund company organized  pursuant  to
    4  article eleven of the private housing finance law, which are carried out
    5  with  the  substantial assistance of grants, loans or subsidies from any
    6  federal, state or local governmental agency or instrumentality or  which
    7  are  carried out in a property transferred from such city if alterations
    8  and improvements are completed within seven  years  after  the  date  of
    9  transfer.  In  addition, the local housing agency is hereby empowered to
   10  grant an extension of the period of completion for any  project  carried
   11  out  with  the substantial assistance of grants, loans or subsidies from
   12  any federal, state or local governmental agency or  instrumentality,  if
   13  such  alterations or improvements are completed within sixty months from
   14  commencement of construction. Provided, further, that  such  conversion,
   15  alterations  or  improvements  shall  in any event be completed prior to
   16  June thirtieth, two thousand [fifteen] NINETEEN.  Exemption for  conver-
   17  sions,  alterations  or  improvements pursuant to subparagraph one, two,
   18  three or four of this paragraph shall  continue  for  a  period  not  to
   19  exceed  fourteen  years and begin no sooner than the first quarterly tax
   20  bill immediately following the completion  of  such  conversion,  alter-
   21  ations or improvements. Exemption for alterations or improvements pursu-
   22  ant  to  this  subparagraph or subparagraph five of this paragraph shall
   23  continue for a period not to exceed thirty-four years and shall begin no
   24  sooner than the first  quarterly  tax  bill  immediately  following  the
   25  completion  of such alterations or improvements. Such exemption shall be
   26  equal to the increase in the valuation which is subject to exemption  in
   27  full  or  proportionally under this subdivision for ten or thirty years,
   28  whichever is applicable. After such period of time, the amount  of  such
   29  exempted  assessed  valuation  of  such improvements shall be reduced by
   30  twenty percent in each succeeding year until the assessed value  of  the
   31  improvements  are  fully taxable.   Provided, however, exemption for any
   32  conversion, alterations or improvements which are aided  by  a  loan  or
   33  grant  under  article eight, eight-A, eleven, twelve, fifteen or twenty-
   34  two of the private housing finance law, section six hundred ninety-six-a
   35  or section ninety-nine-h of the general municipal law, or section  three
   36  hundred  twelve  of  the  housing act of nineteen hundred sixty-four (42
   37  U.S.C.A. 1452b), or the Cranston-Gonzalez  national  affordable  housing
   38  act (42 U.S.C.A. 12701 et.  seq.), or started after July first, nineteen
   39  hundred  eighty-three  by  a  housing development fund company organized
   40  pursuant to article eleven of the private housing finance law which  are
   41  carried  out  with the substantial assistance of grants, loans or subsi-
   42  dies from any federal, state or local governmental agency or  instrumen-
   43  tality  or which are carried out in a property transferred from any city
   44  and where alterations and improvements are completed within seven  years
   45  after  the  date  of  transfer  may commence at the beginning of any tax
   46  quarter subsequent to the  start  of  such  conversion,  alterations  or
   47  improvements and prior to the completion of such conversion, alterations
   48  or improvements.
   49    S  21.  Subdivision (h) of section 27 of chapter 4 of the laws of 2013
   50  amending the real property tax law and other laws  relating  to  interim
   51  multiple dwellings in a city with a population of one million or more is
   52  amended to read as follows:
   53    (h)  sections  twenty-one,  twenty-two,  twenty-three  and twenty-four
   54  shall expire and be deemed repealed on June 30, [2015] 2019.
   55    S 22. Section 282-a of the multiple dwelling law, as amended by  chap-
   56  ter 159 of the laws of 2011, is amended to read as follows:
       S. 6012                            15                            A. 8323
    1    S  282-a.  [Limitation  on  applications] APPLICATIONS for coverage of
    2  interim multiple dwellings and residential units.  1.  All  applications
    3  for  registration  as  an  interim  multiple dwelling or for coverage of
    4  residential units under this article shall be filed with the loft  board
    5  within  six  months after the date the loft board shall have adopted all
    6  rules or regulations necessary in order to implement the  provisions  of
    7  chapter  one  hundred  forty-seven  of  the  laws  of  two thousand ten,
    8  PROVIDED, HOWEVER, THAT APPLICATIONS  FOR  REGISTRATION  AS  AN  INTERIM
    9  MULTIPLE  DWELLING OR FOR COVERAGE OF RESIDENTIAL UNITS UNDER THIS ARTI-
   10  CLE MAY ALSO BE FILED FOR A TWO-YEAR PERIOD STARTING FROM THE  EFFECTIVE
   11  DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH AMENDED
   12  THIS SECTION.   The loft board may subsequently  amend  such  rules  and
   13  regulations  but such amendments shall not recommence the time period in
   14  which applications may be filed.  [Notwithstanding any  other  provision
   15  of  this  article, after such date no further applications for registra-
   16  tion or coverage as an interim multiple dwelling or for  coverage  under
   17  this article shall be accepted for owners or occupants of buildings that
   18  would  otherwise  qualify  as interim multiple dwellings or for coverage
   19  pursuant to this article.]
   20    2. Where any occupant has filed an application for  coverage  pursuant
   21  to this article and has received a docket number from the loft board, it
   22  shall be unlawful for an owner to cause or intend to cause such occupant
   23  to  vacate, surrender or waive any rights in relation to such occupancy,
   24  due to repeated interruptions or discontinuances of essential  services,
   25  or  an  interruption  or  discontinuance  of an essential service for an
   26  extended duration or of such significance  as  to  substantially  impair
   27  habitability  of such unit, at any time before the loft board has made a
   28  final determination, including appeals, to approve or deny such applica-
   29  tion. This [subdivision] SECTION shall not grant any rights of continued
   30  occupancy other than those otherwise granted by law. Any agreement  that
   31  waives  or  limits  the  benefits of this [subdivision] SECTION shall be
   32  deemed void as against public policy. In addition to any other  remedies
   33  provided  in  this  article  for failure to be in compliance, in article
   34  eight of this chapter, or in the regulations  promulgated  by  the  loft
   35  board,  an occupant who has filed an application with the loft board for
   36  coverage under this article may[, no later than thirty-six months  after
   37  the  loft board shall have adopted rules and regulations as set forth in
   38  subdivision one of this section,] commence an action or proceeding in  a
   39  court   of  competent  jurisdiction,  which  notwithstanding  any  other
   40  provision of law shall include the housing part of  the  New  York  city
   41  civil court, to enforce the provisions of this [subdivision] SECTION.
   42    S 22-a. Paragraph (vi) of subdivision 1 of section 284 of the multiple
   43  dwelling law, as amended by chapter 4 of the laws of 2013, is amended to
   44  read as follows:
   45    (vi)  Notwithstanding  the provisions of paragraphs (i) through (v) of
   46  this subdivision the owner of an interim multiple dwelling made  subject
   47  to this article by subdivision five of section two hundred eighty-one of
   48  this  article  (A)  shall  file  an  alteration application [within nine
   49  months from the effective date of the chapter of the laws of  two  thou-
   50  sand   ten   which   amended  this  subparagraph]  ON  OR  BEFORE  MARCH
   51  TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became subject  to
   52  this  article pursuant to [the] chapter FOUR of the laws of two thousand
   53  thirteen [which amended  this  paragraph,  within  nine  months  of  the
   54  promulgation  of all necessary rules and regulations pursuant to section
   55  two hundred eighty-two-a of this article] ON OR  BEFORE  JUNE  ELEVENTH,
   56  TWO  THOUSAND  FOURTEEN,  OR,  FOR UNITS IN AN INTERIM MULTIPLE DWELLING
       S. 6012                            16                            A. 8323
    1  THAT WERE LISTED ON AN APPLICATION FOR COVERAGE  OR  REGISTRATION  FILED
    2  WITH  THE  LOFT  BOARD  PURSUANT  TO THIS ARTICLE OR IN A COURT PLEADING
    3  AFTER MARCH ELEVENTH, TWO  THOUSAND  FOURTEEN,  WITHIN  NINE  MONTHS  OF
    4  EITHER  THE  DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF
    5  THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR  THE
    6  DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER, and (B) shall
    7  take  all  reasonable  and necessary action to obtain an approved alter-
    8  ation permit [within twelve months  from  such  effective  date]  ON  OR
    9  BEFORE JUNE TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became
   10  subject  to  this  article pursuant to [the] chapter FOUR of the laws of
   11  two thousand thirteen  [which  amended  this  paragraph,  within  twelve
   12  months of the promulgation of all necessary rules and regulations pursu-
   13  ant  to  section  two hundred eighty-two-a of this article] ON OR BEFORE
   14  SEPTEMBER ELEVENTH, TWO THOUSAND FOURTEEN, OR, FOR UNITS IN  AN  INTERIM
   15  MULTIPLE  DWELLING  THAT  WERE  LISTED ON AN APPLICATION FOR COVERAGE OR
   16  REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN  A
   17  COURT  PLEADING  AFTER  MARCH  ELEVENTH,  TWO  THOUSAND FOURTEEN, WITHIN
   18  TWELVE MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE
   19  OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING
   20  NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER,
   21  and (C) shall achieve compliance with the standards of safety  and  fire
   22  protection set forth in article seven-B of this chapter for the residen-
   23  tial portions of the building within eighteen months from obtaining such
   24  alteration  permit,  and  (D)  shall  take  all reasonable and necessary
   25  action to obtain a certificate of occupancy as a class A multiple dwell-
   26  ing for the residential portions of the building  or  structure  [within
   27  thirty   months   from  such  effective  date]  ON  OR  BEFORE  DECEMBER
   28  TWENTY-FIRST, TWO THOUSAND TWELVE, or for units that became  subject  to
   29  this  article pursuant to [the] chapter FOUR of the laws of two thousand
   30  thirteen [which amended this  paragraph  within  thirty  months  of  the
   31  promulgation  of all necessary rules and regulations pursuant to section
   32  two hundred eighty-two-a of this article] ON OR BEFORE  MARCH  ELEVENTH,
   33  TWO THOUSAND SIXTEEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELLING THAT
   34  WERE  LISTED  ON  AN APPLICATION FOR COVERAGE OR REGISTRATION FILED WITH
   35  THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN  A  COURT  PLEADING  AFTER
   36  MARCH ELEVENTH, TWO THOUSAND SIXTEEN, WITHIN THIRTY MONTHS OF EITHER THE
   37  DATE  OF  THE  INITIAL  APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT
   38  BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE  DATE  OF
   39  THE  SERVICE  OF THE PLEADING, WHICHEVER IS EARLIER. The loft board may,
   40  upon good cause shown, and upon proof of compliance with  the  standards
   41  of safety and fire protection set forth in article seven-B of this chap-
   42  ter,  twice extend the time of compliance with the requirement to obtain
   43  a residential certificate of occupancy for periods not to exceed  twelve
   44  months each.
   45    S  23.  Paragraphs  1  and 2 of subdivision c of section 26-516 of the
   46  administrative code of the city of New York, as amended by section 1  of
   47  chapter 480 of the laws of 2009, are amended to read as follows:
   48    (1)  to  have  violated  an order of the division the commissioner may
   49  impose by administrative order after hearing, a civil  penalty  [in  the
   50  amount  of  one  thousand dollars for the first such offense and two] AT
   51  MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT  TO  EXCEED  TWO  THOUSAND
   52  DOLLARS  FOR  THE  FIRST SUCH OFFENSE, AND AT A MINIMUM IN THE AMOUNT OF
   53  TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars  for  each  subse-
   54  quent offense; or (2) to have harassed a tenant to obtain vacancy of his
   55  or her housing accommodation, the commissioner may impose by administra-
   56  tive  order  after hearing, a civil penalty for any such violation. Such
       S. 6012                            17                            A. 8323
    1  penalty shall be [in the amount of two thousand dollars for a first such
    2  offense and up to ten] AT A MINIMUM IN THE AMOUNT OF  TWO  THOUSAND  BUT
    3  NOT  TO EXCEED THREE THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT
    4  MINIMUM  IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand
    5  dollars for each subsequent offense or for  a  violation  consisting  of
    6  conduct directed at the tenants of more than one housing accommodation.
    7    S  24.  Paragraph 2 of subdivision c of section 26-516 of the adminis-
    8  trative code of the city of New York, as amended by section 2 of chapter
    9  480 of the laws of 2009, is amended to read as follows:
   10    (2) to have harassed a tenant to obtain vacancy of his or her  housing
   11  accommodation, the commissioner may impose by administrative order after
   12  hearing,  a  civil penalty for any such violation. Such penalty shall be
   13  [in the amount of two thousand dollars for a first such offense  and  up
   14  to ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE
   15  THOUSAND  DOLLARS  FOR  THE  FIRST SUCH OFFENSE, AND AT A MINIMUM IN THE
   16  AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED  ELEVEN  thousand  dollars  for
   17  each  subsequent  offense  or  for  a  violation  consisting  of conduct
   18  directed at the tenants of more than one housing accommodation.
   19    S 25. Subparagraph (a) of paragraph 2  of  subdivision  b  of  section
   20  26-413 of the administrative code of the city of New York, as amended by
   21  section  3  of  chapter  480  of the laws of 2009, is amended to read as
   22  follows:
   23    (a) Impose by administrative order after hearing, a civil penalty  for
   24  any violation of said section and bring an action to recover same in any
   25  court of competent jurisdiction. Such penalty in the case of a violation
   26  of subdivision d of such section shall be [in the amount of two thousand
   27  dollars  for  the first offense and ten] AT MINIMUM IN THE AMOUNT OF TWO
   28  THOUSAND BUT NOT TO EXCEED THREE THOUSAND DOLLARS  FOR  THE  FIRST  SUCH
   29  OFFENSE,  AND AT MINIMUM IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED
   30  ELEVEN thousand dollars for each subsequent offense or for  a  violation
   31  consisting  of  conduct directed at the tenants of more than one housing
   32  accommodation; and in the case of any other violation  of  such  section
   33  [in  the  amount  of one thousand dollars for the first such offense and
   34  two] AT MINIMUM IN THE AMOUNT OF ONE THOUSAND  BUT  NOT  TO  EXCEED  TWO
   35  THOUSAND  DOLLARS  FOR  THE  FIRST  SUCH  OFFENSE, AND AT MINIMUM IN THE
   36  AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each
   37  subsequent offense. Such order by the city rent agency shall be deemed a
   38  final determination for the purposes of judicial review as  provided  in
   39  section  26-411  of this chapter. Such action shall be brought on behalf
   40  of the city and any amount recovered shall be paid into the city  treas-
   41  ury.  Such  right  of action may be released, compromised or adjusted by
   42  the city rent agency at any time subsequent  to  the  issuance  of  such
   43  administrative order.
   44    S  26.  Subparagraph  (a)  of  paragraph 2 of subdivision b of section
   45  26-413 of the administrative code of the city of New York, as amended by
   46  section 4 of chapter 480 of the laws of 2009,  is  amended  to  read  as
   47  follows:
   48    (a)  Impose by administrative order after hearing, a civil penalty for
   49  any violation of said section and bring an action to recover same in any
   50  court of competent jurisdiction. Such penalty in the case of a violation
   51  of subdivision d of such section shall be [in the amount of two thousand
   52  dollars for a first such offense and ten] AT MINIMUM IN  THE  AMOUNT  OF
   53  TWO THOUSAND BUT NOT TO EXCEED THREE THOUSAND DOLLARS FOR THE FIRST SUCH
   54  OFFENSE,  AND AT MINIMUM IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED
   55  ELEVEN thousand dollars for each subsequent offense or for  a  violation
   56  consisting  of  conduct directed at the tenants of more than one housing
       S. 6012                            18                            A. 8323
    1  accommodation; and in the case of any other violation  of  such  section
    2  [in  the  amount  of one thousand dollars for the first such offense and
    3  two] AT MINIMUM IN THE AMOUNT OF ONE THOUSAND  BUT  NOT  TO  EXCEED  TWO
    4  THOUSAND  DOLLARS  FOR  THE  FIRST  SUCH  OFFENSE, AND AT MINIMUM IN THE
    5  AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each
    6  subsequent offense. Such order by the city rent agency shall be deemed a
    7  final determination for the purposes of judicial review as  provided  in
    8  section  26-411  of this chapter. Such action shall be brought on behalf
    9  of the city and any amount recovered shall be paid into the city  treas-
   10  ury.  Such  right  of action may be released, compromised or adjusted by
   11  the city rent agency at any time subsequent  to  the  issuance  of  such
   12  administrative order.
   13    S  27. Clauses (i) and (ii) of paragraph 3 of subdivision a of section
   14  12 of section 4 of chapter 576 of the  laws  of  1974  constituting  the
   15  emergency  tenant protection act of nineteen seventy-four, as amended by
   16  section 5 of chapter 480 of the laws of 2009, are  amended  to  read  as
   17  follows:
   18    (i)  to  have  violated  an order of the division the commissioner may
   19  impose by administrative order after hearing, a civil  penalty  [in  the
   20  amount  of  one  thousand dollars for the first such offense and two] AT
   21  MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT  TO  EXCEED  TWO  THOUSAND
   22  DOLLARS  FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE AMOUNT OF TWO
   23  THOUSAND BUT NOT TO EXCEED THREE thousand dollars  for  each  subsequent
   24  offense;  or  (ii)  to  have  harassed a tenant to obtain vacancy of his
   25  housing accommodation, the commissioner  may  impose  by  administrative
   26  order after hearing, a civil penalty for any such violation. Such penal-
   27  ty  shall  be  [in the amount of two thousand dollars for the first such
   28  offense and ten] AT MINIMUM IN THE AMOUNT OF TWO  THOUSAND  BUT  NOT  TO
   29  EXCEED THREE THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM
   30  IN  THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars
   31  for each subsequent offense or for a  violation  consisting  of  conduct
   32  directed at the tenants of more than one housing accommodation.
   33    S  28.  Clause  (ii)  of paragraph 3 of subdivision a of section 12 of
   34  section 4 of chapter 576 of the laws of 1974 constituting the  emergency
   35  tenant  protection act of nineteen seventy-four, as amended by section 6
   36  of chapter 480 of the laws of 2009, is amended to read as follows:
   37    (ii) to have harassed a tenant to obtain vacancy of his housing accom-
   38  modation, the commissioner may  impose  by  administrative  order  after
   39  hearing,  a  civil penalty for any such violation. Such penalty shall be
   40  [in the amount of two thousand dollars for the first  such  offense  and
   41  ten]  AT  MINIMUM  IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE
   42  THOUSAND DOLLARS FOR THE FIRST SUCH  OFFENSE,  AND  AT  MINIMUM  IN  THE
   43  AMOUNT  OF  TEN  THOUSAND  BUT NOT TO EXCEED ELEVEN thousand dollars for
   44  each subsequent  offense  or  for  a  violation  consisting  of  conduct
   45  directed at the tenants of more than one housing accommodation.
   46    S  29.  Paragraph 6 of subdivision c of section 26-511 of the adminis-
   47  trative code of the city of New York, as amended by chapter 116  of  the
   48  laws of 1997, is amended to read as follows:
   49    (6)  provides  criteria whereby the commissioner may act upon applica-
   50  tions by owners for increases in  excess  of  the  level  of  fair  rent
   51  increase  established under this law provided, however, that such crite-
   52  ria shall provide (a) as to hardship applications, for  a  finding  that
   53  the level of fair rent increase is not sufficient to enable the owner to
   54  maintain  approximately  the same average annual net income (which shall
   55  be computed without regard to debt service, financing costs  or  manage-
   56  ment  fees)  for the three year period ending on or within six months of
       S. 6012                            19                            A. 8323
    1  the date of an application pursuant to such criteria  as  compared  with
    2  annual  net income, which prevailed on the average over the period nine-
    3  teen hundred sixty-eight through nineteen hundred seventy,  or  for  the
    4  first three years of operation if the building was completed since nine-
    5  teen  hundred  sixty-eight  or  for the first three fiscal years after a
    6  transfer of title to a new owner provided the new owner can establish to
    7  the satisfaction of the commissioner that he or she  acquired  title  to
    8  the  building as a result of a bona fide sale of the entire building and
    9  that the new owner is unable to obtain requisite records for the  fiscal
   10  years  nineteen  hundred  sixty-eight  through  nineteen hundred seventy
   11  despite diligent efforts to obtain same from predecessors in  title  and
   12  further  provided that the new owner can provide financial data covering
   13  a minimum of six years under his or  her  continuous  and  uninterrupted
   14  operation  of  the building to meet the three year to three year compar-
   15  ative test periods herein provided; and (b) as  to  completed  building-
   16  wide  major  capital  improvements, for a finding that such improvements
   17  are deemed depreciable under the Internal Revenue Code and that the cost
   18  is to be amortized over [a seven-year] AN EIGHT-YEAR period FOR A BUILD-
   19  ING WITH THIRTY-FIVE OR FEWER HOUSING  ACCOMMODATIONS,  OR  A  NINE-YEAR
   20  PERIOD FOR A BUILDING WITH MORE THAN THIRTY-FIVE HOUSING ACCOMMODATIONS,
   21  FOR  ANY  DETERMINATION  ISSUED BY THE DIVISION OF HOUSING AND COMMUNITY
   22  RENEWAL AFTER THE EFFECTIVE DATE OF THE RENT ACT  OF  2015,  based  upon
   23  cash  purchase price exclusive of interest or service charges.  Notwith-
   24  standing anything to the contrary contained herein, no hardship increase
   25  granted pursuant to this paragraph shall, when added to the annual gross
   26  rents, as determined by the commissioner, exceed the  sum  of,  (i)  the
   27  annual  operating expenses, (ii) an allowance for management services as
   28  determined by  the  commissioner,  (iii)  actual  annual  mortgage  debt
   29  service  (interest  and  amortization)  on its indebtedness to a lending
   30  institution, an insurance company, a retirement  fund  or  welfare  fund
   31  which is operated under the supervision of the banking or insurance laws
   32  of  the  state of New York or the United States, and (iv) eight and one-
   33  half percent of that portion of the fair market value  of  the  property
   34  which  exceeds  the unpaid principal amount of the mortgage indebtedness
   35  referred to in subparagraph (iii) of this paragraph. Fair  market  value
   36  for  the  purposes of this paragraph shall be six times the annual gross
   37  rent. The collection of any increase in  the  stabilized  rent  for  any
   38  apartment pursuant to this paragraph shall not exceed six percent in any
   39  year from the effective date of the order granting the increase over the
   40  rent  set  forth  in the schedule of gross rents, with collectability of
   41  any dollar excess above said sum to be spread forward in similar  incre-
   42  ments  and  added to the stabilized rent as established or set in future
   43  years;
   44    S 30. Paragraph 3 of subdivision d of section 6 of section 4 of  chap-
   45  ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
   46  protection act, as amended by chapter  749  of  the  laws  of  1990,  is
   47  amended to read as follows:
   48    (3)  there has been since January first, nineteen hundred seventy-four
   49  a major capital improvement required for the operation, preservation  or
   50  maintenance  of  the structure. An adjustment under this paragraph shall
   51  be in an amount sufficient to amortize  the  cost  of  the  improvements
   52  pursuant  to this paragraph over [a seven-year] AN EIGHT-YEAR period FOR
   53  A BUILDING WITH THIRTY-FIVE OR FEWER HOUSING ACCOMMODATIONS, OR A  NINE-
   54  YEAR  PERIOD  FOR A BUILDING WITH MORE THAN THIRTY-FIVE HOUSING ACCOMMO-
   55  DATIONS, FOR ANY DETERMINATION ISSUED BY THE  DIVISION  OF  HOUSING  AND
   56  COMMUNITY RENEWAL AFTER THE EFFECTIVE DATE OF THE RENT ACT OF 2015, or
       S. 6012                            20                            A. 8323
    1    S  31.  Subparagraph  (g)  of  paragraph 1 of subdivision g of section
    2  26-405 of the administrative code of the city of New York, as amended by
    3  chapter 749 of the laws of 1990, is amended to read as follows:
    4    (g) There has been since July first, nineteen hundred seventy, a major
    5  capital  improvement required for the operation, preservation or mainte-
    6  nance of the structure. An adjustment under this  subparagraph  (g)  FOR
    7  ANY  ORDER  OF  THE  COMMISSIONER ISSUED AFTER THE EFFECTIVE DATE OF THE
    8  RENT ACT OF 2015 shall be in an amount sufficient to amortize  the  cost
    9  of  the  improvements  pursuant  to this subparagraph (g) over [a seven-
   10  year] AN EIGHT-YEAR period FOR BUILDINGS WITH THIRTY-FIVE OR FEWER UNITS
   11  OR A NINE YEAR PERIOD FOR BUILDINGS WITH MORE THAN THIRY-FIVE UNITS, or
   12    S 32. Subparagraph 7 of the second undesignated paragraph of paragraph
   13  (a) of subdivision 4 of section 4 of chapter 274 of the  laws  of  1946,
   14  constituting  the  emergency  housing  rent  control  law, as amended by
   15  section 25 of part B of chapter 97 of the laws of 2011,  is  amended  to
   16  read as follows:
   17    (7)  there has been since March first, nineteen hundred fifty, a major
   18  capital improvement required for the operation, preservation or  mainte-
   19  nance  of  the structure; WHICH FOR ANY ORDER OF THE COMMISSIONER ISSUED
   20  AFTER THE EFFECTIVE DATE OF THE RENT  ACT  OF  2015  THE  COST  OF  SUCH
   21  IMPROVEMENT  SHALL  BE AMORTIZED OVER AN EIGHT-YEAR PERIOD FOR BUILDINGS
   22  WITH THIRTY-FIVE OR FEWER UNITS OR A NINE YEAR PERIOD FOR BUILDINGS WITH
   23  MORE THAN THIRY-FIVE UNITS, or
   24    S 33. Subparagraph (A) of paragraph 7 of subdivision (ee)  of  section
   25  1115  of the tax law, as amended by section 1 of subpart A of part GG of
   26  chapter 59 of the laws of 2014, is amended to read as follows:
   27    (A) "Tenant" means a person who, as lessee, enters into a space  lease
   28  with  a  landlord for a term of ten years or more commencing on or after
   29  September first, two thousand five, but not later than, in the case of a
   30  space lease with respect to leased premises located in eligible areas as
   31  defined in clause (i) of subparagraph (D) of this  paragraph,  September
   32  first,  two  thousand  [fifteen]  SEVENTEEN  and, in the case of a space
   33  lease with respect to leased  premises  located  in  eligible  areas  as
   34  defined  in  clause (ii) of subparagraph (D) of this paragraph not later
   35  than September first, two thousand [seventeen] NINETEEN, of premises for
   36  use as commercial office space in buildings located or to be located  in
   37  the  eligible areas. A person who currently occupies premises for use as
   38  commercial office space under an existing lease in  a  building  in  the
   39  eligible  areas  shall not be eligible for exemption under this subdivi-
   40  sion unless such existing lease, in the  case  of  a  space  lease  with
   41  respect  to  leased  premises  located  in  eligible areas as defined in
   42  clause (i) of subparagraph (D) of this paragraph  expires  according  to
   43  its  terms  before  September first, two thousand [fifteen] SEVENTEEN or
   44  such existing lease, in the case of a space lease with respect to leased
   45  premises located in eligible areas as defined in clause (ii) of subpara-
   46  graph (D) of this paragraph and such person enters into a  space  lease,
   47  for  a term of ten years or more commencing on or after September first,
   48  two thousand five, of premises for use as commercial office space  in  a
   49  building  located  or to be located in the eligible areas, provided that
   50  such space lease with respect to leased  premises  located  in  eligible
   51  areas  as  defined  in  clause (i) of subparagraph (D) of this paragraph
   52  commences no later than September first, two thousand  [fifteen]  SEVEN-
   53  TEEN, and provided that such space lease with respect to leased premises
   54  located  in eligible areas as defined in clause (ii) of subparagraph (D)
   55  of this paragraph commences no later than September first, two  thousand
   56  [seventeen]  NINETEEN and provided, further, that such space lease shall
       S. 6012                            21                            A. 8323
    1  expire no earlier than ten years after the expiration  of  the  original
    2  lease.
    3    S  34.  Section  2 of part C of chapter 2 of the laws of 2005 amending
    4  the tax law relating to exemptions from sales and use taxes, as  amended
    5  by  section 2 of subpart A of part GG of chapter 59 of the laws of 2014,
    6  is amended to read as follows:
    7    S 2. This act shall take effect September 1, 2005 and shall expire and
    8  be deemed repealed on December 1, [2018] 2020, and shall apply to  sales
    9  made,  uses  occurring  and services rendered on or after such effective
   10  date, in accordance  with  the  applicable  transitional  provisions  of
   11  sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
   12  agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
   13  tax law, as added by section one of this act, shall expire and be deemed
   14  repealed December 1, [2016] 2018.
   15    S  35.  Subdivision  (b)  of  section 25-z of the general city law, as
   16  amended by section 1 of subpart D of part GG of chapter 59 of  the  laws
   17  of 2014, is amended to read as follows:
   18    (b) No eligible business shall be authorized to receive a credit under
   19  any  local  law enacted pursuant to this article until the premises with
   20  respect to which it is claiming the credit meet the requirements in  the
   21  definition  of  eligible  premises  and  until it has obtained a certif-
   22  ication of eligibility from the mayor of such city or an  agency  desig-
   23  nated  by  such mayor, and an annual certification from such mayor or an
   24  agency designated by such mayor as to the number of  eligible  aggregate
   25  employment  shares maintained by such eligible business that may qualify
   26  for obtaining a tax credit for the eligible business' taxable year.  Any
   27  written documentation submitted to such mayor or such agency or agencies
   28  in  order  to  obtain  any  such certification shall be deemed a written
   29  instrument for purposes of section 175.00 of the penal law.  Such  local
   30  law  may  provide for application fees to be determined by such mayor or
   31  such agency or agencies. No such certification of eligibility  shall  be
   32  issued under any local law enacted pursuant to this article to an eligi-
   33  ble  business  on  or after July first, two thousand [fifteen] SEVENTEEN
   34  unless:
   35    (1) prior to such date such business has purchased, leased or  entered
   36  into  a contract to purchase or lease particular premises or a parcel on
   37  which will be constructed such premises or already owned  such  premises
   38  or parcel;
   39    (2)  prior to such date improvements have been commenced on such prem-
   40  ises or parcel, which improvements will meet the requirements of  subdi-
   41  vision (e) of section twenty-five-y of this article relating to expendi-
   42  tures for improvements;
   43    (3) prior to such date such business submits a preliminary application
   44  for a certification of eligibility to such mayor or such agency or agen-
   45  cies  with respect to a proposed relocation to such particular premises;
   46  and
   47    (4) such business relocates to such particular premises not later than
   48  thirty-six months or, in a case in which the expenditures made  for  the
   49  improvements  specified  in  paragraph  two  of  this subdivision are in
   50  excess of fifty million dollars within seventy-two months from the  date
   51  of submission of such preliminary application.
   52    S  36.  Subdivision  (b)  of section 25-ee of the general city law, as
   53  amended by section 2 of subpart D of part GG of chapter 59 of  the  laws
   54  of 2014, is amended to read as follows:
   55    (b) No eligible business or special eligible business shall be author-
   56  ized  to receive a credit against tax under any local law enacted pursu-
       S. 6012                            22                            A. 8323
    1  ant to this article until the premises  with  respect  to  which  it  is
    2  claiming  the credit meet the requirements in the definition of eligible
    3  premises and until it has obtained a certification of  eligibility  from
    4  the  mayor  of  such city or any agency designated by such mayor, and an
    5  annual certification from such mayor or an  agency  designated  by  such
    6  mayor  as  to  the  number of eligible aggregate employment shares main-
    7  tained by such eligible business or such special eligible business  that
    8  may  qualify for obtaining a tax credit for the eligible business' taxa-
    9  ble year. No special eligible business shall be authorized to receive  a
   10  credit  against  tax  under  the  provisions  of this article unless the
   11  number of relocated employee base shares calculated pursuant to subdivi-
   12  sion (o) of section twenty-five-dd of this article is equal to or great-
   13  er than the lesser of twenty-five percent of the number of New York city
   14  base shares calculated pursuant to subdivision (p) of such  section  and
   15  two hundred fifty employment shares. Any written documentation submitted
   16  to  such  mayor  or  such agency or agencies in order to obtain any such
   17  certification shall be deemed  a  written  instrument  for  purposes  of
   18  section 175.00 of the penal law. Such local law may provide for applica-
   19  tion  fees to be determined by such mayor or such agency or agencies. No
   20  certification of eligibility shall be issued under any local law enacted
   21  pursuant to this article to an eligible business on or after July first,
   22  two thousand [fifteen] SEVENTEEN unless:
   23    (1) prior to such date such business has purchased, leased or  entered
   24  into  a  contract  to  purchase  or lease premises in the eligible Lower
   25  Manhattan area or a parcel on which will be constructed such premises;
   26    (2) prior to such date improvements have been commenced on such  prem-
   27  ises  or parcel, which improvements will meet the requirements of subdi-
   28  vision (e) of section twenty-five-dd of this article relating to expend-
   29  itures for improvements;
   30    (3) prior to such date such business submits a preliminary application
   31  for a certification of eligibility to such mayor or such agency or agen-
   32  cies with respect to a proposed relocation to such premises; and
   33    (4) such business relocates to such premises as provided  in  subdivi-
   34  sion  (j) of section twenty-five-dd of this article not later than thir-
   35  ty-six months or, in a case in  which  the  expenditures  made  for  the
   36  improvements  specified  in  paragraph  two  of  this subdivision are in
   37  excess of fifty million dollars within seventy-two months from the  date
   38  of submission of such preliminary application.
   39    S  37. Subdivision (b) of section 22-622 of the administrative code of
   40  the city of New York, as amended by section 3 of subpart D of part GG of
   41  chapter 59 of the laws of 2014, is amended to read as follows:
   42    (b) No eligible business shall  be  authorized  to  receive  a  credit
   43  against  tax  or  a  reduction  in  base  rent  subject to tax under the
   44  provisions of this chapter, and of title eleven of the code as described
   45  in subdivision (a) of this section, until the premises with  respect  to
   46  which  it is claiming the credit meet the requirements in the definition
   47  of eligible premises and until it has obtained a certification of eligi-
   48  bility from the mayor or an agency designated by the mayor, and an annu-
   49  al certification from the mayor or an agency designated by the mayor  as
   50  to the number of eligible aggregate employment shares maintained by such
   51  eligible  business  that  may qualify for obtaining a tax credit for the
   52  eligible business' taxable year. Any written documentation submitted  to
   53  the mayor or such agency or agencies in order to obtain any such certif-
   54  ication  shall  be  deemed  a written instrument for purposes of section
   55  175.00 of the penal law. Application fees for such certifications  shall
   56  be  determined by the mayor or such agency or agencies. No certification
       S. 6012                            23                            A. 8323
    1  of eligibility shall be issued to an eligible business on or after  July
    2  first, two thousand [fifteen] SEVENTEEN unless:
    3    (1)  prior to such date such business has purchased, leased or entered
    4  into a contract to purchase or lease particular premises or a parcel  on
    5  which  will  be constructed such premises or already owned such premises
    6  or parcel;
    7    (2) prior to such date improvements have been commenced on such  prem-
    8  ises or parcel which improvements will meet the requirements of subdivi-
    9  sion  (e) of section 22-621 of this chapter relating to expenditures for
   10  improvements;
   11    (3) prior to such date such business submits a preliminary application
   12  for a certification of eligibility to such mayor or such agency or agen-
   13  cies with respect to a proposed relocation to such particular  premises;
   14  and
   15    (4) such business relocates to such particular premises not later than
   16  thirty-six  months  or,  in  a  case  in which the expenditures made for
   17  improvements specified in paragraph  two  of  this  subdivision  are  in
   18  excess  of fifty million dollars within seventy-two months from the date
   19  of submission of such preliminary application.
   20    S 38. Subdivision (b) of section 22-624 of the administrative code  of
   21  the city of New York, as amended by section 4 of subpart D of part GG of
   22  chapter 59 of the laws of 2014, is amended to read as follows:
   23    (b) No eligible business or special eligible business shall be author-
   24  ized  to receive a credit against tax under the provisions of this chap-
   25  ter, and of title eleven of the code as described in subdivision (a)  of
   26  this  section,  until  the premises with respect to which it is claiming
   27  the credit meet the requirements in the definition of eligible  premises
   28  and  until it has obtained a certification of eligibility from the mayor
   29  or an agency designated by the mayor, and an annual  certification  from
   30  the  mayor  or  an  agency  designated  by the mayor as to the number of
   31  eligible aggregate employment shares maintained by such  eligible  busi-
   32  ness  or  special eligible business that may qualify for obtaining a tax
   33  credit for the eligible business'  taxable  year.  No  special  eligible
   34  business  shall  be authorized to receive a credit against tax under the
   35  provisions of this chapter and of title eleven of the  code  unless  the
   36  number of relocated employee base shares calculated pursuant to subdivi-
   37  sion  (o)  of section 22-623 of this chapter is equal to or greater than
   38  the lesser of twenty-five percent of the number of New  York  city  base
   39  shares  calculated  pursuant  to subdivision (p) of such section 22-623,
   40  and two hundred  fifty  employment  shares.  Any  written  documentation
   41  submitted to the mayor or such agency or agencies in order to obtain any
   42  such  certification shall be deemed a written instrument for purposes of
   43  section 175.00 of the penal  law.  Application  fees  for  such  certif-
   44  ications shall be determined by the mayor or such agency or agencies. No
   45  certification  of eligibility shall be issued to an eligible business on
   46  or after July first, two thousand [fifteen] SEVENTEEN unless:
   47    (1) prior to such date such business has purchased, leased or  entered
   48  into  a  contract  to  purchase  or lease premises in the eligible Lower
   49  Manhattan area or a parcel on which will be constructed such premises;
   50    (2) prior to such date improvements have been commenced on such  prem-
   51  ises  or parcel, which improvements will meet the requirements of subdi-
   52  vision (e) of section 22-623 of this chapter  relating  to  expenditures
   53  for improvements;
   54    (3) prior to such date such business submits a preliminary application
   55  for a certification of eligibility to such mayor or such agency or agen-
   56  cies with respect to a proposed relocation to such premises; and
       S. 6012                            24                            A. 8323
    1    (4) such business relocates to such premises not later than thirty-six
    2  months or, in a case in which the expenditures made for the improvements
    3  specified  in  paragraph  two of this subdivision are in excess of fifty
    4  million dollars within seventy-two months from the date of submission of
    5  such preliminary application.
    6    S  39.  Paragraph  1 of subdivision (b) of section 25-s of the general
    7  city law, as amended by section 1 of subpart E of part GG of chapter  59
    8  of the laws of 2014, is amended to read as follows:
    9    (1)  non-residential  premises  that  are wholly contained in property
   10  that is eligible to obtain benefits under title two-D or two-F of  arti-
   11  cle  four  of the real property tax law, or would be eligible to receive
   12  benefits under such article except that such  property  is  exempt  from
   13  real property taxation and the requirements of paragraph (b) of subdivi-
   14  sion seven of section four hundred eighty-nine-dddd of such title two-D,
   15  or the requirements of subparagraph (ii) of paragraph (b) of subdivision
   16  five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
   17  whichever is applicable, have not been satisfied, provided that applica-
   18  tion for such benefits was made after May third, nineteen hundred eight-
   19  y-five and prior to July first, two thousand [fifteen]  SEVENTEEN,  that
   20  construction or renovation of such premises was described in such appli-
   21  cation,  that  such  premises  have  been substantially improved by such
   22  construction or renovation  so  described,  that  the  minimum  required
   23  expenditure as defined in such title two-D or two-F, whichever is appli-
   24  cable,  has  been  made,  and  that  such real property is located in an
   25  eligible area; or
   26    S 40. Paragraph 3 of subdivision (b) of section 25-s  of  the  general
   27  city  law, as amended by section 2 of subpart E of part GG of chapter 59
   28  of the laws of 2014, is amended to read as follows:
   29    (3) non-residential premises that are wholly contained in real proper-
   30  ty that has obtained approval after October thirty-first,  two  thousand
   31  and  prior to July first, two thousand [fifteen] SEVENTEEN for financing
   32  by an industrial development  agency  established  pursuant  to  article
   33  eighteen-A  of  the  general municipal law, provided that such financing
   34  has been used in whole or in part to substantially improve such premises
   35  (by construction or renovation), and that expenditures  have  been  made
   36  for  improvements  to  such real property in excess of ten per centum of
   37  the value at which such real property was assessed for tax purposes  for
   38  the  tax  year  in which such improvements commenced, that such expendi-
   39  tures have been made within thirty-six months after the earlier  of  (i)
   40  the  issuance  by  such  agency of bonds for such financing, or (ii) the
   41  conveyance of title to such property to such agency, and that such  real
   42  property is located in an eligible area; or
   43    S  41.  Paragraph  5 of subdivision (b) of section 25-s of the general
   44  city law, as amended by section 3 of subpart E of part GG of chapter  59
   45  of the laws of 2014, is amended to read as follows:
   46    (5) non-residential premises that are wholly contained in real proper-
   47  ty  owned  by  such  city or the New York state urban development corpo-
   48  ration, or a subsidiary thereof, a  lease  for  which  was  approved  in
   49  accordance with the applicable provisions of the charter of such city or
   50  by  the  board  of  directors of such corporation, and such approval was
   51  obtained after October thirty-first, two  thousand  and  prior  to  July
   52  first,  two  thousand  [fifteen] SEVENTEEN, provided, however, that such
   53  premises were constructed or renovated subsequent to such approval, that
   54  expenditures have been made subsequent to such approval for improvements
   55  to such real property (by construction or renovation) in excess  of  ten
   56  per centum of the value at which such real property was assessed for tax
       S. 6012                            25                            A. 8323
    1  purposes  for  the  tax  year in which such improvements commenced, that
    2  such expenditures have been made  within  thirty-six  months  after  the
    3  effective  date of such lease, and that such real property is located in
    4  an eligible area; or
    5    S  42.  Paragraph  2 of subdivision (c) of section 25-t of the general
    6  city law, as amended by section 4 of subpart E of part GG of chapter  59
    7  of the laws of 2014, is amended to read as follows:
    8    (2)  No  eligible energy user, qualified eligible energy user, on-site
    9  cogenerator, or clean on-site cogenerator shall receive a rebate  pursu-
   10  ant  to  this  article  until  it  has obtained a certification from the
   11  appropriate city agency in accordance with a local law enacted  pursuant
   12  to  this  section. No such certification for a qualified eligible energy
   13  user shall be issued on or after November first, two thousand.  No  such
   14  certification of any other eligible energy user, on-site cogenerator, or
   15  clean  on-site  cogenerator  shall be issued on or after July first, two
   16  thousand [fifteen] SEVENTEEN.
   17    S 43. Paragraph 1 of subdivision (a) of section 25-aa of  the  general
   18  city  law, as amended by section 5 of subpart E of part GG of chapter 59
   19  of the laws of 2014, is amended to read as follows:
   20    (1) is eligible to obtain benefits under title two-D or two-F of arti-
   21  cle four of the real property tax law, or would be eligible  to  receive
   22  benefits  under such title except that such property is exempt from real
   23  property taxation and the requirements of paragraph (b)  of  subdivision
   24  seven  of  section four hundred eighty-nine-dddd of such title two-D, or
   25  the requirements of subparagraph (ii) of paragraph  (b)  of  subdivision
   26  five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
   27  whichever is applicable, of the real property  tax  law  have  not  been
   28  satisfied,  provided  that  application for such benefits was made after
   29  the thirtieth day of June, nineteen hundred ninety-five and  before  the
   30  first  day  of July, two thousand [fifteen] SEVENTEEN, that construction
   31  or renovation of such building or structure was described in such appli-
   32  cation, that such building or structure has been substantially  improved
   33  by  such  construction  or renovation, and (i) that the minimum required
   34  expenditure as defined in such title has been made, or (ii) where  there
   35  is   no  applicable  minimum  required  expenditure,  the  building  was
   36  constructed within such period or periods of time established  by  title
   37  two-D  or  two-F,  whichever  is applicable, of article four of the real
   38  property tax law for construction of a new building or structure; or
   39    S 44. Paragraphs 2 and 3 of subdivision (a) of section  25-aa  of  the
   40  general  city  law,  as  amended by section 6 of subpart E of part GG of
   41  chapter 59 of the laws of 2014, are amended to read as follows:
   42    (2) has obtained approval after the thirtieth day  of  June,  nineteen
   43  hundred  ninety-five  and  before  the  first  day of July, two thousand
   44  [fifteen] SEVENTEEN, for financing by an industrial  development  agency
   45  established pursuant to article eighteen-A of the general municipal law,
   46  provided  that  such  financing  has  been  used  in whole or in part to
   47  substantially improve such building  or  structure  by  construction  or
   48  renovation,  that  expenditures  have been made for improvements to such
   49  real property in excess of twenty per centum of the value at which  such
   50  real  property  was  assessed for tax purposes for the tax year in which
   51  such improvements commenced, and that such expenditures have  been  made
   52  within  thirty-six  months after the earlier of (i) the issuance by such
   53  agency of bonds for such financing, or (ii) the conveyance of  title  to
   54  such building or structure to such agency; or
   55    (3)  is  owned  by  the  city  of New York or the New York state urban
   56  development corporation, or a subsidiary corporation  thereof,  a  lease
       S. 6012                            26                            A. 8323
    1  for  which  was approved in accordance with the applicable provisions of
    2  the charter of such city or by the board of  directors  of  such  corpo-
    3  ration,  as  the  case  may be, and such approval was obtained after the
    4  thirtieth day of June, nineteen hundred ninety-five and before the first
    5  day  of  July,  two thousand [fifteen] SEVENTEEN, provided that expendi-
    6  tures have been made for improvements to such real property in excess of
    7  twenty per centum of the value at which such real property was  assessed
    8  for  tax purposes for the tax year in which such improvements commenced,
    9  and that such expenditures have been made within thirty-six months after
   10  the effective date of such lease; or
   11    S 45. Subdivision (f) of section 25-bb of the  general  city  law,  as
   12  amended  by  section 7 of subpart E of part GG of chapter 59 of the laws
   13  of 2014, is amended to read as follows:
   14    (f) Application and certification. An owner or lessee of a building or
   15  structure located in an eligible revitalization area,  or  an  agent  of
   16  such  owner  or  lessee,  may apply to such department of small business
   17  services for certification that such building or structure is an  eligi-
   18  ble  building  or  targeted  eligible  building  meeting the criteria of
   19  subdivision (a) or  (q)  of  section  twenty-five-aa  of  this  article.
   20  Application for such certification must be filed after the thirtieth day
   21  of  June,  nineteen  hundred ninety-five and before a building permit is
   22  issued for the construction or renovation required by such  subdivisions
   23  and  before  the  first  day  of July, two thousand [fifteen] SEVENTEEN,
   24  provided that no certification for a targeted eligible building shall be
   25  issued after October thirty-first, two thousand. Such application  shall
   26  identify expenditures to be made that will affect eligibility under such
   27  subdivision  (a) or (q). Upon completion of such expenditures, an appli-
   28  cant shall supplement such application to provide information (i) estab-
   29  lishing that the criteria of such subdivision (a) or (q) have been  met;
   30  (ii) establishing a basis for determining the amount of special rebates,
   31  including a basis for an allocation of the special rebate among eligible
   32  revitalization area energy users purchasing or otherwise receiving ener-
   33  gy  services  from  an  eligible  redistributor of energy or a qualified
   34  eligible redistributor of energy; and (iii) supporting an allocation  of
   35  charges  for energy services between eligible charges and other charges.
   36  Such department shall certify a building or  structure  as  an  eligible
   37  building  or targeted eligible building after receipt and review of such
   38  information and upon a determination that such  information  establishes
   39  that  the  building  or  structure  qualifies as an eligible building or
   40  targeted eligible building. Such  department  shall  mail  such  certif-
   41  ication  or  notice thereof to the applicant upon issuance. Such certif-
   42  ication shall remain in effect provided the  eligible  redistributor  of
   43  energy or qualified eligible redistributor of energy reports any changes
   44  that  materially affect the amount of the special rebates to which it is
   45  entitled or the amount of reduction required by subdivision (c) of  this
   46  section  in  an  energy services bill of an eligible revitalization area
   47  energy user and otherwise complies with the requirements of  this  arti-
   48  cle.  Such department shall notify the private utility or public utility
   49  service required to make a special rebate to such redistributor  of  the
   50  amount  of  such special rebate established at the time of certification
   51  and any changes in such amount and any suspension or termination by such
   52  department of certification under this subdivision. Such department  may
   53  require  some  or all of the information required as part of an applica-
   54  tion or other report be provided by a licensed engineer.
   55    S 46. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
   56  trative code of the city of New York, as amended by section 8 of subpart
       S. 6012                            27                            A. 8323
    1  E of part GG of chapter 59 of the laws of 2014, is amended  to  read  as
    2  follows:
    3    (1)  Non-residential  premises  that  are wholly contained in property
    4  that is eligible to obtain benefits under part  four  or  part  five  of
    5  subchapter  two of chapter two of title eleven of this code, or would be
    6  eligible to receive benefits under such chapter except that such proper-
    7  ty is exempt from real property taxation and the requirements  of  para-
    8  graph  two  of  subdivision  g  of  section  11-259 of this code, or the
    9  requirements of subparagraph (b) of paragraph two of  subdivision  e  of
   10  section  11-270  of  this  code,  whichever is applicable, have not been
   11  satisfied, provided that application for such benefits  was  made  after
   12  May  third,  nineteen  hundred  eighty-five and prior to July first, two
   13  thousand [fifteen] SEVENTEEN, that construction or  renovation  of  such
   14  premises was described in such application, that such premises have been
   15  substantially  improved by such construction or renovation so described,
   16  that the minimum required expenditure as defined in such  part  four  or
   17  part  five,  whichever  is applicable, has been made, and that such real
   18  property is located in an eligible area; or
   19    S 47. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
   20  trative code of the city of New York, as amended by section 9 of subpart
   21  E of part GG of chapter 59 of the laws of 2014, is amended  to  read  as
   22  follows:
   23    (3) non-residential premises that are wholly contained in real proper-
   24  ty  that  has obtained approval after October thirty-first, two thousand
   25  and prior to July first, two thousand [fifteen] SEVENTEEN for  financing
   26  by  an  industrial  development  agency  established pursuant to article
   27  eighteen-A of the general municipal law, provided  that  such  financing
   28  has been used in whole or in part to substantially improve such premises
   29  (by  construction  or  renovation), and that expenditures have been made
   30  for improvements to such real property in excess of ten  per  centum  of
   31  the  value at which such real property was assessed for tax purposes for
   32  the tax year in which such improvements commenced,  that  such  expendi-
   33  tures  have  been made within thirty-six months after the earlier of (i)
   34  the issuance by such agency of bonds for such  financing,  or  (ii)  the
   35  conveyance  of title to such property to such agency, and that such real
   36  property is located in an eligible area; or
   37    S 48. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
   38  trative code of the city of New  York,  as  amended  by  section  10  of
   39  subpart  E  of  part GG of chapter 59 of the laws of 2014, is amended to
   40  read as follows:
   41    (5) non-residential premises that are wholly contained in real proper-
   42  ty owned by such city or the New York  state  urban  development  corpo-
   43  ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
   44  accordance with the applicable provisions of the charter of such city or
   45  by the board of directors of such corporation,  and  such  approval  was
   46  obtained  after  October  thirty-first,  two  thousand and prior to July
   47  first, two thousand [fifteen] SEVENTEEN, provided,  however,  that  such
   48  premises were constructed or renovated subsequent to such approval, that
   49  expenditures have been made subsequent to such approval for improvements
   50  to  such  real property (by construction or renovation) in excess of ten
   51  per centum of the value at which such real property was assessed for tax
   52  purposes for the tax year in which  such  improvements  commenced,  that
   53  such  expenditures  have  been  made  within thirty-six months after the
   54  effective date of such lease, and that such real property is located  in
   55  an eligible area; or
       S. 6012                            28                            A. 8323
    1    S 49. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
    2  trative  code  of  the  city  of New   York, as amended by section 11 of
    3  subpart E of part GG of chapter 59 of the laws of 2014,  is  amended  to
    4  read as follows:
    5    (1)  No  eligible energy user, qualified eligible energy user, on-site
    6  cogenerator, clean on-site cogenerator or special eligible  energy  user
    7  shall  receive a rebate pursuant to this chapter until it has obtained a
    8  certification as an eligible  energy  user,  qualified  eligible  energy
    9  user, on-site cogenerator, clean on-site cogenerator or special eligible
   10  energy  user,  respectively,  from  the  commissioner  of small business
   11  services. No such certification for a  qualified  eligible  energy  user
   12  shall  be  issued  on  or  after July first, two thousand three. No such
   13  certification of any other eligible energy user, on-site cogenerator  or
   14  clean  on-site  cogenerator  shall be issued on or after July first, two
   15  thousand [fifteen]  SEVENTEEN.    The  commissioner  of  small  business
   16  services,  after  notice  and hearing, may revoke a certification issued
   17  pursuant to this subdivision where it is found that eligibility criteria
   18  have not been met or  that  compliance  with  conditions  for  continued
   19  eligibility  has  not been maintained. The corporation counsel may main-
   20  tain a civil action to recover an amount equal to any benefits improper-
   21  ly obtained.
   22    S 50. Subparagraph (b-2) of paragraph 2 of subdivision  i  of  section
   23  11-704 of the administrative code of the city of New York, as amended by
   24  section  1 of subpart F of part GG of chapter 59 of the laws of 2014, is
   25  amended to read as follows:
   26    (b-2) The amount of the special reduction allowed by this  subdivision
   27  with  respect  to  a lease other than a sublease commencing between July
   28  first, two thousand five and  June  thirtieth,  two  thousand  [fifteen]
   29  SEVENTEEN  with  an initial or renewal lease term of at least five years
   30  shall be determined as follows:
   31    (i) For the base year the amount of such special  reduction  shall  be
   32  equal to the base rent for the base year.
   33    (ii)  For  the  first,  second,  third and fourth twelve-month periods
   34  following the base year the amount of such special  reduction  shall  be
   35  equal  to  the  lesser  of  (A) the base rent for each such twelve-month
   36  period or (B) the base rent for the base year.
   37    S 51. Subdivision 9 of section 499-aa of the real property tax law, as
   38  amended by section 1 of subpart G of part GG of chapter 59 of  the  laws
   39  of 2014, is amended to read as follows:
   40    9.  "Eligibility  period." The period commencing April first, nineteen
   41  hundred ninety-five and terminating  March  thirty-first,  two  thousand
   42  one,  provided,  however, that with respect to eligible premises defined
   43  in subparagraph (i) of paragraph (b) of subdivision ten of this section,
   44  the period commencing July first,  two  thousand  and  terminating  June
   45  thirtieth,  two  thousand  [sixteen]  EIGHTEEN,  and  provided, further,
   46  however, that with respect to eligible premises defined in  subparagraph
   47  (ii)  of  paragraph  (b)  or  paragraph  (c)  of subdivision ten of this
   48  section, the period commencing July first, two thousand five and  termi-
   49  nating June thirtieth, two thousand [sixteen] EIGHTEEN.
   50    S  52. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
   51  499-cc of the real property tax law, as amended by section 2 of  subpart
   52  G  of  part  GG of chapter 59 of the laws of 2014, is amended to read as
   53  follows:
   54    (iii) With respect to the eligible premises  defined  in  subparagraph
   55  (ii)  of  paragraph  (b)  or paragraph (c) of subdivision ten of section
   56  four hundred ninety-nine-aa of this title and for purposes of  determin-
       S. 6012                            29                            A. 8323
    1  ing  whether  the  amount of expenditures required by subdivision one of
    2  this section have been satisfied, expenditures on  improvements  to  the
    3  common  areas  of an eligible building shall be included only if work on
    4  such  improvements  commenced  and the expenditures are made on or after
    5  July first, two thousand five and on or  before  December  thirty-first,
    6  two thousand [sixteen] EIGHTEEN; provided, however, that expenditures on
    7  improvements  to  the common areas of an eligible building made prior to
    8  three years before the lease commencement date shall not be included.
    9    S 53. Subdivisions 5 and 9 of section 499-a of the real  property  tax
   10  law,  as  amended  by section 1 of subpart B of part GG of chapter 59 of
   11  the laws of 2014, are amended to read as follows:
   12    5. "Benefit period." The period commencing with the first day  of  the
   13  month  immediately  following the rent commencement date and terminating
   14  no later than sixty months  thereafter,  provided,  however,  that  with
   15  respect  to a lease commencing on or after April first, nineteen hundred
   16  ninety-seven with an initial lease term of less than five years, but not
   17  less than three years, the period commencing with the first day  of  the
   18  month  immediately  following the rent commencement date and terminating
   19  no later than thirty-six months thereafter. Notwithstanding the  forego-
   20  ing  sentence, a benefit period shall expire no later than March thirty-
   21  first, two thousand [twenty-two] TWENTY-FOUR.
   22    9. "Eligibility period." The period commencing April  first,  nineteen
   23  hundred  ninety-five  and  terminating  March thirty-first, two thousand
   24  [sixteen] EIGHTEEN.
   25    S 54. Paragraph (a) of subdivision 3 of  section  499-c  of  the  real
   26  property  tax  law,  as  amended by section 2 of subpart B of part GG of
   27  chapter 59 of the laws of 2014, is amended to read as follows:
   28    (a) For purposes of determining whether  the  amount  of  expenditures
   29  required by subdivision one of this section have been satisfied, expend-
   30  itures on improvements to the common areas of an eligible building shall
   31  be included only if work on such improvements commenced and the expendi-
   32  tures are made on or after April first, nineteen hundred ninety-five and
   33  on  or  before  September  thirtieth,  two  thousand [sixteen] EIGHTEEN;
   34  provided, however, that expenditures on improvements to the common areas
   35  of an eligible building made prior  to  three  years  before  the  lease
   36  commencement date shall not be included.
   37    S  55. Subdivision 8 of section 499-d of the real property tax law, as
   38  amended by section 3 of subpart B of part GG of chapter 59 of  the  laws
   39  of 2014, is amended to read as follows:
   40    8.  Leases  commencing on or after April first, nineteen hundred nine-
   41  ty-seven shall be subject to the provisions of this title as amended  by
   42  chapter  six hundred twenty-nine of the laws of nineteen hundred ninety-
   43  seven, chapter one hundred eighteen of the laws  of  two  thousand  one,
   44  chapter  four  hundred  forty of the laws of two thousand three, chapter
   45  sixty of the laws of two thousand seven, chapter twenty-two of the  laws
   46  of  two  thousand  ten,  CHAPTER  FIFTY-NINE OF THE LAWS OF TWO THOUSAND
   47  FOURTEEN and the chapter of the laws of two thousand [fourteen]  FIFTEEN
   48  that  added  this  phrase. Notwithstanding any other provision of law to
   49  the contrary, with respect to leases commencing on or after April first,
   50  nineteen hundred ninety-seven,  an  application  for  a  certificate  of
   51  abatement  shall  be considered timely filed if filed within one hundred
   52  eighty days following the lease commencement date or within  sixty  days
   53  following  the date chapter six hundred twenty-nine of the laws of nine-
   54  teen hundred ninety-seven became a law, whichever is later.
   55    S 56. Subparagraph (a) of paragraph 2  of  subdivision  i  of  section
   56  11-704 of the administrative code of the city of New York, as amended by
       S. 6012                            30                            A. 8323
    1  section  4 of subpart B of part GG of chapter 59 of the laws of 2014, is
    2  amended to read as follows:
    3    (a) An eligible tenant of eligible taxable premises shall be allowed a
    4  special reduction in determining the taxable base rent for such eligible
    5  taxable  premises.  Such special reduction shall be allowed with respect
    6  to the rent for such eligible taxable premises for a period not  exceed-
    7  ing  sixty  months  or,  with  respect to a lease commencing on or after
    8  April first, nineteen hundred ninety-seven with an initial lease term of
    9  less than five years, but not less than three years, for  a  period  not
   10  exceeding  thirty-six  months,  commencing on the rent commencement date
   11  applicable to such eligible taxable premises, provided, however, that in
   12  no event shall any special reduction be allowed for any period beginning
   13  after March thirty-first, two thousand [twenty-two]  TWENTY-FOUR.    For
   14  purposes  of applying such special reduction, the base rent for the base
   15  year shall, where necessary to  determine  the  amount  of  the  special
   16  reduction  allowable with respect to any number of months falling within
   17  a tax period, be prorated by dividing the base rent for the base year by
   18  twelve and multiplying the result by such number of months.
   19    S 57. Paragraph (a) of subdivision 1 of section 489-dddddd of the real
   20  property tax law, as amended by section 1 of subpart C  of  part  GG  of
   21  chapter 59 of the laws of 2014, is amended to read as follows:
   22    (a)  Application for benefits pursuant to this title may be made imme-
   23  diately following the effective date of a local law enacted pursuant  to
   24  this  title  and  continuing until March first, two thousand [seventeen]
   25  NINETEEN.
   26    S 58. Subdivision 3 of section 489-dddddd of  the  real  property  tax
   27  law,  as  amended  by section 2 of subpart C of part GG of chapter 59 of
   28  the laws of 2014, is amended to read as follows:
   29    3. (a) No benefits  pursuant  to  this  title  shall  be  granted  for
   30  construction  work  performed pursuant to a building permit issued after
   31  April first, two thousand [seventeen] NINETEEN.
   32    (b) If no building permit was required, then no benefits  pursuant  to
   33  this  title  shall  be  granted  for construction work that is commenced
   34  after April first, two thousand [seventeen] NINETEEN.
   35    S 59. Paragraph 1 of subdivision a of section 11-271 of  the  adminis-
   36  trative code of the city of New York, as amended by section 3 of subpart
   37  C  of  part  GG of chapter 59 of the laws of 2014, is amended to read as
   38  follows:
   39    (1) Application for benefits pursuant to this part may be  made  imme-
   40  diately  following  the  effective date of the local law that added this
   41  section and continuing until March first, two thousand [seventeen] NINE-
   42  TEEN.
   43    S 60. Subdivision c of section 11-271 of the  administrative  code  of
   44  the city of New York, as amended by section 4 of subpart C of part GG of
   45  chapter 59 of the laws of 2014, is amended to read as follows:
   46    c.  (1)  No  benefits  pursuant  to  this  part  shall  be granted for
   47  construction work performed pursuant to a building permit  issued  after
   48  April first, two thousand [seventeen] NINETEEN.
   49    (2)  If  no building permit was required, then no benefits pursuant to
   50  this part shall be granted for construction work that is commenced after
   51  April first, two thousand [seventeen] NINETEEN.
   52    S 60-a. Subparagraph (A) of paragraph 2 of subdivision (f) of  section
   53  11-1706  of the administrative code of the city of New York, as added by
   54  chapter 4 of the laws of 2013, is amended to read as follows:
       S. 6012                            31                            A. 8323
    1    (A) Subject to the limitations set forth in subparagraphs (B) and  (C)
    2  of  this  paragraph, the credit allowed to a taxpayer for a taxable year
    3  under this subdivision shall be determined as follows:
    4    (i)  For  taxable years beginning on or after January first, two thou-
    5  sand fourteen and before July first, two thousand [fifteen] NINETEEN:
    6    (I) If the city taxable income  is  thirty-five  thousand  dollars  or
    7  less,  the  amount  of  the  credit  shall be one hundred percent of the
    8  amount determined in paragraph three of this subdivision.
    9    (II) If the city taxable income is greater than  thirty-five  thousand
   10  dollars  but  less  than one hundred thousand dollars, the amount of the
   11  credit shall be a percentage of the amount determined in paragraph three
   12  of this subdivision, such percentage to  be  determined  by  subtracting
   13  from  one  hundred percent, a percentage determined by subtracting thir-
   14  ty-five thousand dollars from city taxable income, dividing  the  result
   15  by sixty-five thousand dollars and multiplying by one hundred percent.
   16    (III)  If  the  city taxable income is one hundred thousand dollars or
   17  greater, no credit shall be allowed.
   18    (IV) Provided further that for any taxable  year  of  a  taxpayer  for
   19  which  this  credit  is  effective that encompasses days occurring after
   20  June thirtieth, two thousand [fifteen] NINETEEN, the amount of the cred-
   21  it determined in item (I) or (II) of this clause shall be multiplied  by
   22  a  fraction, the numerator of which is the number of days in the taxpay-
   23  er's taxable year occurring on or before June  thirtieth,  two  thousand
   24  [fifteen]  NINETEEN,  and the denominator of which is the number of days
   25  in the taxpayer's taxable year.
   26    S 61. Paragraphs (a) and (b) of subdivision 2 of section 467-a of  the
   27  real  property tax law, as amended by chapter 4 of the laws of 2013, are
   28  amended to read as follows:
   29    (a) In a city having a population of one  million  or  more,  dwelling
   30  units  owned  by  unit  owners  who, as of the applicable taxable status
   31  date, own no more than three dwelling units in any one property held  in
   32  the  condominium  form  of  ownership,  shall  be  eligible to receive a
   33  partial abatement of real property taxes, as  set  forth  in  paragraphs
   34  (c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
   35  sion; provided, however, that a property held in the condominium form of
   36  ownership that is  receiving  complete  or  partial  real  property  tax
   37  exemption or tax abatement pursuant to any other provision of this chap-
   38  ter or any other state or local law, except as provided in paragraph (f)
   39  of  this  subdivision, shall not be eligible to receive a partial abate-
   40  ment pursuant to this section;  and  provided,  further,  that  sponsors
   41  shall  not  be  eligible to receive a partial abatement pursuant to this
   42  section; and provided, further, that in the fiscal [year] YEARS commenc-
   43  ing in calendar years two thousand twelve, two thousand  thirteen,  [or]
   44  two  thousand  fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO
   45  THOUSAND SEVENTEEN OR TWO THOUSAND EIGHTEEN no more than  a  maximum  of
   46  three  dwelling  units owned by any unit owner in a single building, one
   47  of which must be the primary residence of  such  unit  owner,  shall  be
   48  eligible  to  receive  a partial abatement pursuant to paragraphs (d-1),
   49  (d-2), (d-3) and (d-4) of this [section] SUBDIVISION.
   50    (b) In a city having a population of one  million  or  more,  dwelling
   51  units  owned  by  tenant-stockholders  who, as of the applicable taxable
   52  status date, own no more than three dwelling units in any  one  property
   53  held  in the cooperative form of ownership, shall be eligible to receive
   54  a partial abatement of real property taxes, as set forth  in  paragraphs
   55  (c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
   56  sion; provided, however, that a property held in the cooperative form of
       S. 6012                            32                            A. 8323
    1  ownership that is  receiving  complete  or  partial  real  property  tax
    2  exemption or tax abatement pursuant to any other provision of this chap-
    3  ter or any other state or local law, except as provided in paragraph (f)
    4  of  this  subdivision, shall not be eligible to receive a partial abate-
    5  ment pursuant to this section;  and  provided,  further,  that  sponsors
    6  shall  not  be  eligible to receive a partial abatement pursuant to this
    7  section; and provided, further, that in the fiscal [year] YEARS commenc-
    8  ing in calendar years two thousand twelve, two thousand  thirteen  [or],
    9  two  thousand  fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO
   10  THOUSAND SEVENTEEN OR TWO THOUSAND EIGHTEEN no more than  a  maximum  of
   11  three  dwelling units owned by any tenant-stockholder in a single build-
   12  ing, one of which must be the primary residence  of  such  tenant-stock-
   13  holder,  shall  be  eligible  to receive a partial abatement pursuant to
   14  paragraphs (d-1), (d-2), (d-3) and (d-4) of this [section]  SUBDIVISION.
   15  For  purposes  of  this  section,  a tenant-stockholder of a cooperative
   16  apartment corporation shall be deemed to own the dwelling unit which  is
   17  represented  by  his  or  her  shares  of stock in such corporation. Any
   18  abatement so granted shall be credited by the appropriate taxing author-
   19  ity against the tax due on the property as a  whole.  The  reduction  in
   20  real  property  taxes  received thereby shall be credited by the cooper-
   21  ative apartment corporation against the amount of such  taxes  attribut-
   22  able to eligible dwelling units at the time of receipt.
   23    S  62.  Paragraphs  (d-1),  (d-2), (d-3) and (d-4) of subdivision 2 of
   24  section 467-a of the real property tax law, as added by chapter 4 of the
   25  laws of 2013, are amended to read as follows:
   26    (d-1) In the fiscal years commencing  in  calendar  [year]  YEARS  two
   27  thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
   28  ble dwelling units in property whose average unit assessed value is less
   29  than  or  equal to fifty thousand dollars shall receive a partial abate-
   30  ment of the real property taxes attributable to or due on such  dwelling
   31  units  of twenty-five percent, twenty-six and one-half percent and twen-
   32  ty-eight and one-tenth  percent  respectively.    IN  THE  FISCAL  YEARS
   33  COMMENCING IN CALENDAR YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN,
   34  TWO THOUSAND SEVENTEEN AND TWO THOUSAND EIGHTEEN ELIGIBLE DWELLING UNITS
   35  IN  PROPERTY  WHOSE AVERAGE UNIT ASSESSED VALUE IS LESS THAN OR EQUAL TO
   36  FIFTY THOUSAND DOLLARS SHALL RECEIVE A PARTIAL  ABATEMENT  OF  THE  REAL
   37  PROPERTY  TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF TWENTY-
   38  EIGHT AND ONE-TENTH PERCENT.
   39    (d-2) In the fiscal years commencing  in  calendar  [year]  YEARS  two
   40  thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
   41  ble dwelling units in property whose average unit assessed value is more
   42  than  fifty thousand dollars, but less than or equal to fifty-five thou-
   43  sand dollars, shall receive a partial abatement  of  the  real  property
   44  taxes  attributable  to  or due on such dwelling units of twenty-two and
   45  one-half percent, twenty-three and eight-tenths percent and  twenty-five
   46  and  two-tenths percent respectively.  IN THE FISCAL YEARS COMMENCING IN
   47  CALENDAR YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO  THOUSAND
   48  SEVENTEEN  AND TWO THOUSAND EIGHTEEN ELIGIBLE DWELLING UNITS IN PROPERTY
   49  WHOSE AVERAGE UNIT ASSESSED VALUE IS MORE THAN FIFTY  THOUSAND  DOLLARS,
   50  BUT  LESS  THAN OR EQUAL TO FIFTY-FIVE THOUSAND DOLLARS, SHALL RECEIVE A
   51  PARTIAL ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR  DUE  ON
   52  SUCH DWELLING UNITS OF TWENTY-FIVE AND TWO-TENTHS PERCENT.
   53    (d-3)  In  the  fiscal  years  commencing in calendar [year] YEARS two
   54  thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
   55  ble dwelling units in property whose average unit assessed value is more
   56  than fifty-five thousand dollars, but less than or equal to sixty  thou-
       S. 6012                            33                            A. 8323
    1  sand  dollars,  shall  receive  a partial abatement of the real property
    2  taxes attributable to or due on such dwelling units of  twenty  percent,
    3  twenty-one  and  two-tenths  percent,  and  twenty-two  and  five-tenths
    4  percent  respectively.  IN THE FISCAL YEARS COMMENCING IN CALENDAR YEARS
    5  TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND  SEVENTEEN  AND
    6  TWO  THOUSAND EIGHTEEN ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE
    7  UNIT ASSESSED VALUE IS MORE THAN FIFTY-FIVE THOUSAND DOLLARS,  BUT  LESS
    8  THAN  OR EQUAL TO SIXTY THOUSAND DOLLARS, SHALL RECEIVE A PARTIAL ABATE-
    9  MENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH  DWELLING
   10  UNITS OF TWENTY-TWO AND FIVE-TENTHS PERCENT.
   11    (d-4)  In  the  fiscal  years  commencing in calendar [year] YEARS two
   12  thousand twelve, two thousand thirteen [and], two thousand fourteen, TWO
   13  THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN  AND  TWO
   14  THOUSAND  EIGHTEEN,  eligible  dwelling  units in property whose average
   15  unit assessed value is more than sixty thousand dollars shall receive  a
   16  partial  abatement  of the real property taxes attributable to or due on
   17  such dwelling units of seventeen and one-half percent.
   18    S 63. Paragraph (a) of subdivision 3 of  section  467-a  of  the  real
   19  property  tax  law,  as  amended  by  chapter  4 of the laws of 2013, is
   20  amended to read as follows:
   21    (a) An application for an abatement pursuant to this section  for  the
   22  fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
   23  shall be made no later than the fifteenth  day  of  September,  nineteen
   24  hundred  ninety-six.  An  application  for an abatement pursuant to this
   25  section for the fiscal year commencing in calendar year nineteen hundred
   26  ninety-seven shall be made no later than the first day of  April,  nine-
   27  teen  hundred  ninety-seven. An application for an abatement pursuant to
   28  this section for the fiscal year commencing in  calendar  year  nineteen
   29  hundred ninety-eight shall be made no later than the first day of April,
   30  nineteen  hundred ninety-eight. An application for an abatement pursuant
   31  to this section for the fiscal year commencing in calendar year nineteen
   32  hundred ninety-nine shall be made in accordance  with  this  subdivision
   33  and subdivision three-a of this section. An application for an abatement
   34  pursuant to this section for the fiscal year commencing in calendar year
   35  two  thousand shall be made no later than the fifteenth day of February,
   36  two thousand. An application for an abatement pursuant to  this  section
   37  for  the  fiscal year commencing in calendar year two thousand one shall
   38  be made in accordance with this subdivision and subdivision  three-b  of
   39  this  section.  An application for an abatement pursuant to this section
   40  for the fiscal year commencing in calendar year two thousand  two  shall
   41  be  made  no later than the fifteenth day of February, two thousand two.
   42  An application for an abatement pursuant to this section for the  fiscal
   43  year  commencing  in  calendar  year two thousand three shall be made no
   44  later than the fifteenth day of February, two thousand three. An  appli-
   45  cation  for  an  abatement  pursuant to this section for the fiscal year
   46  commencing in calendar year two thousand four shall be made  in  accord-
   47  ance  with  this subdivision and subdivision three-c of this section. An
   48  application for an abatement pursuant to this  section  for  the  fiscal
   49  year  commencing  in  calendar  year  two thousand five shall be made no
   50  later than the fifteenth day of February, two thousand five. An applica-
   51  tion for an abatement pursuant to  this  section  for  the  fiscal  year
   52  commencing in calendar year two thousand six shall be made no later than
   53  the  fifteenth  day of February, two thousand six. An application for an
   54  abatement pursuant to this section for the  fiscal  year  commencing  in
   55  calendar  year  two  thousand  seven  shall  be  made  no later than the
   56  fifteenth day of February, two thousand seven. An application for abate-
       S. 6012                            34                            A. 8323
    1  ment pursuant to this section for the fiscal year commencing in calendar
    2  year two thousand eight shall be made in accordance with  this  subdivi-
    3  sion  and  subdivision  three-d  of  this section. An application for an
    4  abatement  pursuant  to  this  section for the fiscal year commencing in
    5  calendar year two  thousand  nine  shall  be  made  no  later  than  the
    6  fifteenth  day  of  February,  two  thousand nine. An application for an
    7  abatement pursuant to this section for the  fiscal  year  commencing  in
    8  calendar year two thousand ten shall be made no later than the fifteenth
    9  day  of  February,  two  thousand  ten.  An application for an abatement
   10  pursuant to this section for the fiscal year commencing in calendar year
   11  two thousand eleven shall be made no later than  the  fifteenth  day  of
   12  February,  two thousand eleven. An application for an abatement pursuant
   13  to this section for the fiscal years commencing in  calendar  years  two
   14  thousand  twelve  and  two thousand thirteen shall be made in accordance
   15  with subdivision three-e of this section. The date  or  dates  by  which
   16  applications for an abatement pursuant to this section shall be made for
   17  the  fiscal [year] YEARS beginning in calendar [year] YEARS two thousand
   18  fourteen, TWO THOUSAND  FIFTEEN,  TWO  THOUSAND  SIXTEEN,  TWO  THOUSAND
   19  SEVENTEEN  AND TWO THOUSAND EIGHTEEN shall be established by the commis-
   20  sioner of finance by rule, provided that such date or dates shall not be
   21  later than the fifteenth day of February for such calendar [year] YEARS.
   22    S 63-a. Clause (A) of subparagraph (iv) of paragraph (a)  of  subdivi-
   23  sion  2  of  section  421-a  of the real property tax law, as amended by
   24  chapter 432 of the laws of 1998, the opening  paragraph  as  amended  by
   25  chapter 19 of the laws of 2015, is amended to read as follows:
   26    (A)  Unless  excluded by local law, in the city of New York, the bene-
   27  fits of this subparagraph shall be available in the borough of Manhattan
   28  for new multiple dwellings on tax lots now existing or hereafter created
   29  south of or adjacent to either side of one  hundred  tenth  street  that
   30  commence  construction after July first, nineteen hundred ninety-two and
   31  ON OR before [June twenty-third]  DECEMBER  THIRTY-FIRST,  two  thousand
   32  fifteen  PROVIDED,  HOWEVER,  THAT SUCH A MULTIPLE DWELLING RECEIVES ITS
   33  FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL RESI-
   34  DENTIAL AREAS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN,
   35  AND SOLELY FOR PURPOSES OF DETERMINING WHETHER THIS CLAUSE  APPLIES  AND
   36  NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, "COMMENCE" SHALL MEAN THE
   37  DATE  UPON  WHICH  EXCAVATION  AND  CONSTRUCTION OF INITIAL FOOTINGS AND
   38  FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR  AN  ELIGIBLE  CONVER-
   39  SION,  THE  DATE  UPON  WHICH THE ACTUAL CONSTRUCTION OF THE CONVERSION,
   40  ALTERATION OR IMPROVEMENT OF  THE  PRE-EXISTING  BUILDING  OR  STRUCTURE
   41  LAWFULLY BEGINS IN GOOD FAITH, only if:
   42    a.  the construction is carried out with the substantial assistance of
   43  grants, loans or subsidies from any federal, state or  local  agency  or
   44  instrumentality, or
   45    b. the local housing agency has imposed a requirement or has certified
   46  that  twenty  percent of the units are affordable to families of low and
   47  moderate income.
   48    S 63-b. Subparagraph (ii) of paragraph (c) of subdivision 2 of section
   49  421-a of the real property tax law, as amended chapter 19 of the laws of
   50  2015, is amended to read as follows:
   51    (ii) construction is commenced after January first,  nineteen  hundred
   52  seventy-five and ON OR before [June twenty-third] DECEMBER THIRTY-FIRST,
   53  two  thousand fifteen provided, however, that (A) SUCH A MULTIPLE DWELL-
   54  ING RECEIVES ITS FIRST TEMPORARY OR PERMANENT CERTIFICATE  OF  OCCUPANCY
   55  COVERING  ALL  RESIDENTIAL AREAS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
   56  THOUSAND NINETEEN, (B) SOLELY FOR PURPOSES OF DETERMINING  WHETHER  THIS
       S. 6012                            35                            A. 8323
    1  SUBPARAGRAPH  APPLIES AND NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY,
    2  "COMMENCE" SHALL MEAN THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF
    3  INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH  OR,  FOR
    4  AN  ELIGIBLE  CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF
    5  THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE  PRE-EXISTING  BUILDING
    6  OR  STRUCTURE  LAWFULLY  BEGINS IN GOOD FAITH, AND (C) such commencement
    7  period shall not apply to multiple dwellings eligible for benefits under
    8  subparagraph (iv) of paragraph (a) of this subdivision;
    9    S 63-c. Section 421-a of the real  property  tax  law  is  amended  by
   10  adding three new subdivisions 16, 16-a' and 17 to read as follows:
   11    16. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION:
   12    (I)  "421-A BENEFITS" SHALL MEAN EXEMPTION FROM REAL PROPERTY TAXATION
   13  PURSUANT TO THIS SUBDIVISION.
   14    (II) "AFFORDABILITY OPTION A" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
   15  SITE: (A) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE
   16  HOUSING FORTY PERCENT UNITS; (B) NOT LESS THAN AN ADDITIONAL TEN PERCENT
   17  OF  THE  DWELLING  UNITS ARE AFFORDABLE HOUSING SIXTY PERCENT UNITS; (C)
   18  NOT LESS THAN AN ADDITIONAL FIVE  PERCENT  OF  THE  DWELLING  UNITS  ARE
   19  AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS; AND (D) SUCH ELIGI-
   20  BLE  SITE  IS  DEVELOPED  WITHOUT  THE SUBSTANTIAL ASSISTANCE OF GRANTS,
   21  LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE  OR  LOCAL  GOVERNMENTAL
   22  AGENCY  OR  INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF
   23  AFFORDABLE HOUSING, EXCEPT THAT  SUCH  ELIGIBLE  SITE  MAY  RECEIVE  TAX
   24  EXEMPT BOND PROCEEDS AND FOUR PERCENT TAX CREDITS.
   25    (III)  "AFFORDABILITY  OPTION  B" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
   26  SITE, (A) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE
   27  HOUSING SEVENTY PERCENT UNITS, AND (B) NOT LESS THAN AN ADDITIONAL TWEN-
   28  TY PERCENT OF THE DWELLING UNITS  ARE  AFFORDABLE  HOUSING  ONE  HUNDRED
   29  THIRTY PERCENT UNITS.
   30    (IV)  "AFFORDABILITY  OPTION  C"  SHALL MEAN THAT, WITHIN ANY ELIGIBLE
   31  SITE EXCLUDING THE GEOGRAPHIC AREA SOUTH OF NINETY-SIXTH STREET  IN  THE
   32  BOROUGH  OF MANHATTAN, AND ALL OTHER GEOGRAPHIC AREAS IN THE CITY OF NEW
   33  YORK EXCLUDED PURSUANT TO LOCAL LAW, (A) NOT LESS THAN THIRTY PERCENT OF
   34  THE DWELLING UNITS ARE AFFORDABLE HOUSING  ONE  HUNDRED  THIRTY  PERCENT
   35  UNITS,  AND  (B) SUCH ELIGIBLE SITE IS DEVELOPED WITHOUT THE SUBSTANTIAL
   36  ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
   37  LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A  PROGRAM  FOR
   38  THE DEVELOPMENT OF AFFORDABLE HOUSING.
   39    (V)  "AFFORDABILITY  OPTION  D"  SHALL  ONLY  APPLY TO A HOMEOWNERSHIP
   40  PROJECT, OF WHICH ONE HUNDRED PERCENT OF THE UNITS SHALL HAVE AN AVERAGE
   41  ASSESSED VALUE NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS UPON THE  FIRST
   42  ASSESSMENT  FOLLOWING  THE  COMPLETION  DATE AND WHERE EACH OWNER OF ANY
   43  SUCH UNIT SHALL AGREE, IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMA-
   44  RY RESIDENCE FOR NO LESS THAN FIVE YEARS FROM THE  ACQUISITION  OF  SUCH
   45  UNIT.
   46    (VI)  "AFFORDABILITY  PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR
   47  OF WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN  ELIGIBLE  SITE
   48  AND  THE  DENOMINATOR  OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN
   49  SUCH ELIGIBLE SITE.
   50    (VII) "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL  MEAN  A  DWELLING
   51  UNIT  THAT:  (A)  IS  SITUATED  WITHIN THE ELIGIBLE SITE FOR WHICH 421-A
   52  BENEFITS ARE GRANTED; AND (B) UPON INITIAL RENTAL AND UPON  EACH  SUBSE-
   53  QUENT  RENTAL  FOLLOWING  A  VACANCY  DURING  THE RESTRICTION PERIOD, IS
   54  AFFORDABLE TO AND RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES
   55  WHOSE  HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN
       S. 6012                            36                            A. 8323
    1  INCOME, ADJUSTED FOR FAMILY  SIZE,  AT  THE  TIME  THAT  SUCH  HOUSEHOLD
    2  INITIALLY OCCUPIES SUCH DWELLING UNIT.
    3    (VIII)  "AFFORDABLE  HOUSING SIXTY PERCENT UNIT" SHALL MEAN A DWELLING
    4  UNIT THAT: (A) IS SITUATED WITHIN THE  ELIGIBLE  SITE  FOR  WHICH  421-A
    5  BENEFITS  ARE  GRANTED; AND (B) UPON INITIAL RENTAL AND UPON EACH SUBSE-
    6  QUENT RENTAL FOLLOWING A  VACANCY  DURING  THE  RESTRICTION  PERIOD,  IS
    7  AFFORDABLE  TO  AND  RESTRICTED  TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
    8  WHOSE HOUSEHOLD INCOME DOES NOT EXCEED SIXTY PERCENT OF THE AREA  MEDIAN
    9  INCOME,  ADJUSTED  FOR  FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD
   10  INITIALLY OCCUPIES SUCH DWELLING UNIT.
   11    (IX) "AFFORDABLE HOUSING SEVENTY PERCENT UNIT" SHALL MEAN  A  DWELLING
   12  UNIT  THAT:  (A)  IS  SITUATED  WITHIN THE ELIGIBLE SITE FOR WHICH 421-A
   13  BENEFITS ARE GRANTED; AND (B) UPON INITIAL RENTAL AND UPON  EACH  SUBSE-
   14  QUENT  RENTAL  FOLLOWING  A  VACANCY  DURING  THE RESTRICTION PERIOD, IS
   15  AFFORDABLE TO AND RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES
   16  WHOSE HOUSEHOLD INCOME DOES NOT EXCEED SEVENTY PERCENT OF THE AREA MEDI-
   17  AN  INCOME,  ADJUSTED  FOR  FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
   18  INITIALLY OCCUPIES SUCH DWELLING UNIT.
   19    (X) "AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNIT" SHALL MEAN  A
   20  DWELLING  UNIT  THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH
   21  421-A BENEFITS ARE GRANTED; AND (B) UPON INITIAL RENTAL  AND  UPON  EACH
   22  SUBSEQUENT  RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, IS
   23  AFFORDABLE TO AND RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES
   24  WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE
   25  AREA  MEDIAN  INCOME,  ADJUSTED  FOR  FAMILY SIZE, AT THE TIME THAT SUCH
   26  HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   27    (XI) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY  AND  INDIVID-
   28  UALLY,  AFFORDABLE HOUSING FORTY PERCENT UNITS, AFFORDABLE HOUSING SIXTY
   29  PERCENT UNITS, AFFORDABLE HOUSING SEVENTY PERCENT UNITS, AND  AFFORDABLE
   30  HOUSING ONE HUNDRED THIRTY PERCENT UNITS.
   31    (XII)  "AGENCY"  SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND
   32  DEVELOPMENT.
   33    (XIII) "APPLICATION" SHALL MEAN AN APPLICATION FOR 421-A BENEFITS.
   34    (XIV) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO  IS  REGU-
   35  LARLY  EMPLOYED  AT,  AND  PERFORMS  WORK IN CONNECTION WITH THE CARE OR
   36  MAINTENANCE OF, AN ELIGIBLE SITE,  INCLUDING,  BUT  NOT  LIMITED  TO,  A
   37  WATCHMAN,  GUARD,  DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR,
   38  GARDENER, GROUNDSKEEPER,  ELEVATOR  OPERATOR  AND  STARTER,  AND  WINDOW
   39  CLEANER,  BUT  NOT  INCLUDING  PERSONS REGULARLY SCHEDULED TO WORK FEWER
   40  THAN EIGHT HOURS PER WEEK AT THE ELIGIBLE SITE.
   41    (XV) "COMMENCEMENT DATE" SHALL MEAN,  WITH  RESPECT  TO  ANY  ELIGIBLE
   42  MULTIPLE  DWELLING,  THE  DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF
   43  INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH  OR,  FOR
   44  AN  ELIGIBLE  CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF
   45  THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE  PRE-EXISTING  BUILDING
   46  OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH.
   47    (XVI)  "COMPLETION  DATE"  SHALL  MEAN  THE  DATE UPON WHICH THE LOCAL
   48  DEPARTMENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT  CERTIF-
   49  ICATE  OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTI-
   50  PLE DWELLING.
   51    (XVII) "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY  ELIGIBLE
   52  MULTIPLE DWELLING, A PERIOD: (A) BEGINNING ON THE LATER OF THE COMMENCE-
   53  MENT  DATE  OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS BEFORE THE
   54  COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING; AND  (B)  ENDING  ON
   55  THE  DAY  PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL-
   56  ING.
       S. 6012                            37                            A. 8323
    1    (XVIII) "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR
    2  IMPROVEMENT OF A PRE-EXISTING  BUILDING  OR  STRUCTURE  RESULTING  IN  A
    3  MULTIPLE  DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR
    4  AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
    5    (XIX)  "ELIGIBLE  MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING OR
    6  HOMEOWNERSHIP PROJECT CONTAINING SIX  OR  MORE  DWELLING  UNITS  CREATED
    7  THROUGH  NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCE-
    8  MENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ON OR
    9  BEFORE  JUNE  FIFTEENTH,  TWO  THOUSAND  NINETEEN,  AND  FOR  WHICH  THE
   10  COMPLETION   DATE   IS   ON  OR  BEFORE  JUNE  FIFTEENTH,  TWO  THOUSAND
   11  TWENTY-THREE.
   12    (XX) "ELIGIBLE SITE" SHALL MEAN EITHER: (A) A TAX  LOT  CONTAINING  AN
   13  ELIGIBLE  MULTIPLE  DWELLING; OR (B) A ZONING LOT CONTAINING TWO OR MORE
   14  ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
   15    (XXI) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR  OTHER  ANALOGOUS
   16  OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   17    (XXII)  "FLOOR  AREA"  SHALL  MEAN THE HORIZONTAL AREAS OF THE SEVERAL
   18  FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
   19  RY STRUCTURES ON A LOT MEASURED FROM  THE  EXTERIOR  FACES  OF  EXTERIOR
   20  WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
   21    (XXIII) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW INCOME HOUS-
   22  ING  TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH
   23  (B) OF PARAGRAPH (1) OF SUBSECTION  (B)  OF  SECTION  FORTY-TWO  OF  THE
   24  INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
   25    (XXIV)  "HOMEOWNERSHIP  PROJECT"  SHALL  MEAN  A  MULTIPLE DWELLING OR
   26  PORTION THEREOF OPERATED AS CONDOMINIUM OR COOPERATIVE HOUSING, HOWEVER,
   27  IT SHALL NOT INCLUDE A MULTIPLE DWELLING OR PORTION THEREOF OPERATED  AS
   28  COOPERATIVE OR CONDOMINIUM HOUSING LOCATED WITHIN THE BOROUGH OF MANHAT-
   29  TAN,  AND  SHALL NOT INCLUDE A MULTIPLE DWELLING THAT CONTAINS MORE THAN
   30  THIRTY-FIVE UNITS.
   31    (XXV) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
   32  DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
   33    (XXVI) "MULTIPLE DWELLING" SHALL HAVE THE MEANING  SET  FORTH  IN  THE
   34  MULTIPLE DWELLING LAW.
   35    (XXVII)  "NON-RESIDENTIAL  TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
   36  CONTAIN ANY DWELLING UNITS.
   37    (XXVIII) "RENT  STABILIZATION"  SHALL  MEAN,  COLLECTIVELY,  THE  RENT
   38  STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION
   39  CODE,  AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR,
   40  ALL AS IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF
   41  TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION OR AS AMENDED THEREAFT-
   42  ER,  TOGETHER  WITH  ANY  SUCCESSOR  STATUTES  OR REGULATIONS ADDRESSING
   43  SUBSTANTIALLY THE SAME SUBJECT MATTER.
   44    (XXIX) "RENTAL PROJECT" SHALL MEAN  AN  ELIGIBLE  SITE  IN  WHICH  ALL
   45  DWELLING  UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
   46  ING.
   47    (XXX) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS  DWELL-
   48  ING UNITS.
   49    (XXXI)  "RESTRICTION  PERIOD"  SHALL  MEAN  A PERIOD COMMENCING ON THE
   50  COMPLETION DATE AND EXPIRING ON  THE  THIRTY-FIFTH  ANNIVERSARY  OF  THE
   51  COMPLETION  DATE,  NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION
   52  OF 421-A BENEFITS.
   53    (XXXII)"TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN EXEMPT
   54  FACILITY BOND, AS DEFINED IN PARAGRAPH (7) OF SUBSECTION (A) OF  SECTION
   55  ONE  HUNDRED  FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN HUNDRED
   56  EIGHTY-SIX, AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM  TAXATION
       S. 6012                            38                            A. 8323
    1  UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF NINETEEN
    2  HUNDRED EIGHTY-SIX, AS AMENDED.
    3    (XXXIII)   "THIRTY-FIVE   YEAR   BENEFIT"  SHALL  MEAN:  (A)  FOR  THE
    4  CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL  PROPERTY
    5  TAXATION,  OTHER  THAN  ASSESSMENTS  FOR LOCAL IMPROVEMENTS; (B) FOR THE
    6  FIRST TWENTY-FIVE YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT
    7  EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL
    8  IMPROVEMENTS; AND (C) FOR THE FINAL TEN YEARS OF THE RESTRICTION PERIOD,
    9  AN  EXEMPTION  FROM  REAL  PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR
   10  LOCAL IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE.
   11    (XXXIV) "TWENTY YEAR BENEFIT" SHALL MEAN:  (A)  FOR  THE  CONSTRUCTION
   12  PERIOD,  A  ONE  HUNDRED  PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
   13  OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (B) FOR THE  FIRST  FOUR-
   14  TEEN  YEARS  OF  THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION
   15  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL  IMPROVE-
   16  MENTS,  PROVIDED,  HOWEVER,  THAT  NO  EXEMPTION  SHALL BE GIVEN FOR ANY
   17  PORTION OF A UNIT'S ASSESSED VALUE THAT EXCEEDS $65,000; AND (C) FOR THE
   18  FINAL SIX  YEARS  OF  THE  RESTRICTION  PERIOD,  A  TWENTY-FIVE  PERCENT
   19  EXEMPTION  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
   20  IMPROVEMENTS, PROVIDED, HOWEVER, THAT NO EXEMPTION SHALL  BE  GIVEN  FOR
   21  ANY PORTION OF A UNIT'S ASSESSED VALUE THAT EXCEEDS $65,000.
   22    (B)  BENEFIT.  IN  CITIES  HAVING A POPULATION OF ONE MILLION OR MORE,
   23  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS  SECTION
   24  OR  OF  ANY  GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE
   25  SITES, EXCEPT HOTELS, THAT COMPLY WITH THE PROVISIONS OF  THIS  SUBDIVI-
   26  SION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
   27  FOR  LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN
   28  THIS PARAGRAPH. A RENTAL PROJECT THAT MEETS ALL OF THE  REQUIREMENTS  OF
   29  THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT AND A HOMEOWN-
   30  ERSHIP  PROJECT  THAT  MEETS ALL OF THE REQUIREMENTS OF THIS SUBDIVISION
   31  SHALL RECEIVE A TWENTY YEAR BENEFIT.
   32    (C) TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
   33  THIS SUBDIVISION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING  421-A  BENE-
   34  FITS  SHALL  PAY,  IN  EACH TAX YEAR IN WHICH SUCH 421-A BENEFITS ARE IN
   35  EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
   36    (I) WITH RESPECT TO EACH ELIGIBLE  MULTIPLE  DWELLING  CONSTRUCTED  ON
   37  SUCH  ELIGIBLE  SITE,  REAL  PROPERTY TAXES ON THE ASSESSED VALUATION OF
   38  SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT  DURING  THE  TAX  YEAR
   39  PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
   40  OUT  REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION
   41  IN EFFECT DURING SUCH TAX YEAR,  WHICH  REAL  PROPERTY  TAXES  SHALL  BE
   42  CALCULATED  USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE;
   43  AND
   44    (II) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   45    (D) LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
   46  FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE  IN
   47  AN  ELIGIBLE  SITE,  OTHER  THAN  PARKING WHICH IS LOCATED NOT MORE THAN
   48  TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE  PERCENT  OF  THE
   49  AGGREGATE  FLOOR AREA IN SUCH ELIGIBLE SITE, ANY 421-A BENEFITS SHALL BE
   50  REDUCED BY A PERCENTAGE EQUAL  TO  SUCH  EXCESS.  IF  AN  ELIGIBLE  SITE
   51  CONTAINS  MULTIPLE  TAX  LOTS,  THE TAX ARISING OUT OF SUCH REDUCTION IN
   52  421-A BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG  ANY  NON-RESI-
   53  DENTIAL  TAX  LOTS.    AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY
   54  TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN 421-A
   55  BENEFITS, IF ANY, SHALL BE APPORTIONED  PRO  RATA  AMONG  THE  REMAINING
   56  RESIDENTIAL TAX LOTS.
       S. 6012                            39                            A. 8323
    1    (E)  CALCULATION  OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
    2  CERTIFYING THE APPLICANT'S ELIGIBILITY FOR 421-A BENEFITS, THE ASSESSORS
    3  SHALL CERTIFY TO THE COLLECTING  OFFICER  THE  AMOUNT  OF  TAXES  TO  BE
    4  EXEMPTED.
    5    (F)  AFFORDABILITY  REQUIREMENTS.  DURING  THE  RESTRICTION  PERIOD, A
    6  RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY OPTION A, AFFORDA-
    7  BILITY OPTION B, OR AFFORDABILITY OPTION C OR FOR PURPOSES OF A HOMEOWN-
    8  ERSHIP PROJECT, SUCH PROJECT SHALL COMPLY WITH AFFORDABILITY  OPTION  D.
    9  SUCH  ELECTION SHALL BE MADE IN THE APPLICATION AND SHALL NOT THEREAFTER
   10  BE CHANGED. THE RENTAL PROJECT SHALL ALSO COMPLY WITH ALL PROVISIONS  OF
   11  THIS PARAGRAPH DURING THE RESTRICTION PERIOD AND WITH SUBPARAGRAPH (III)
   12  OF  THIS  PARAGRAPH  BOTH DURING AND AFTER THE RESTRICTION PERIOD TO THE
   13  EXTENT PROVIDED IN SUCH SUBPARAGRAPH.
   14    (I) AFFORDABLE UNITS SHALL SHARE THE SAME COMMON ENTRANCES AND  COMMON
   15  AREAS  AS  MARKET  RATE  UNITS,  AND SHALL NOT BE ISOLATED TO A SPECIFIC
   16  FLOOR OR AREA OF A BUILDING. COMMON ENTRANCES SHALL MEAN ANY AREA  REGU-
   17  LARLY USED BY ANY RESIDENT FOR INGRESS AND EGRESS FROM A MULTIPLE DWELL-
   18  ING; AND
   19    (II) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
   20  HOUSING  PROGRAM, EITHER (A) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
   21  SITE SHALL HAVE A UNIT MIX PROPORTIONAL TO THE MARKET UNITS, OR  (B)  AT
   22  LEAST  FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE
   23  SHALL HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT  OF
   24  THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM.
   25    (III)  NOTWITHSTANDING  ANY  PROVISION  OF  RENT  STABILIZATION TO THE
   26  CONTRARY, ALL AFFORDABLE HOUSING UNITS SHALL BE FULLY  SUBJECT  TO  RENT
   27  STABILIZATION DURING THE RESTRICTION PERIOD, PROVIDED THAT TENANTS HOLD-
   28  ING  A  LEASE  AND  IN OCCUPANCY OF SUCH AFFORDABLE HOUSING UNITS AT THE
   29  EXPIRATION OF THE RESTRICTION PERIOD SHALL HAVE THE RIGHT TO  REMAIN  AS
   30  RENT STABILIZED TENANTS FOR THE DURATION OF THEIR OCCUPANCY.
   31    (IV)  ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED PURSU-
   32  ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH SHALL CONTAIN A  DESIGNATION
   33  THAT  SPECIFICALLY  IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT
   34  TO THIS SUBDIVISION  AS  "421-A  AFFORDABLE  HOUSING  UNITS"  AND  SHALL
   35  CONTAIN  AN  EXPLANATION  OF  THE  REQUIREMENTS  THAT  APPLY TO ALL SUCH
   36  AFFORDABLE HOUSING UNITS.
   37    (V) FAILURE TO COMPLY WITH  THE  PROVISIONS  OF  THIS  PARAGRAPH  THAT
   38  REQUIRE  THE  CREATION,  MAINTENANCE,  RENT STABILIZATION COMPLIANCE AND
   39  OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP
   40  PROJECT THE FAILURE TO COMPLY WITH AFFORDABILITY OPTION D  SHALL  RESULT
   41  IN  REVOCATION  OF ANY 421-A BENEFITS FOR THE PERIOD OF SUCH NON-COMPLI-
   42  ANCE.
   43    (VI) NOTHING IN THIS SUBDIVISION SHALL (A) PROHIBIT THE  OCCUPANCY  OF
   44  AN  AFFORDABLE  HOUSING  UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT
   45  ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN  INCOME,
   46  ADJUSTED  FOR  FAMILY  SIZE,  SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT
   47  PURSUANT TO THIS SUBDIVISION, OR (B) PROHIBIT THE OWNER OF  AN  ELIGIBLE
   48  SITE  FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A
   49  VACANCY, THE OCCUPANCY OF ANY AFFORDABLE  HOUSING  UNIT  BY  SUCH  LOWER
   50  INCOME INDIVIDUALS OR FAMILIES.
   51    (VII)  FOLLOWING  ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND
   52  UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL  PROMPTLY
   53  BE  OFFERED  FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT
   54  EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN  INCOME,  ADJUSTED  FOR
   55  FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
   56  SUBDIVISION  AND  WHO  INTEND  TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS
       S. 6012                            40                            A. 8323
    1  THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT  SHALL  NOT  BE  (A)
    2  RENTED  TO  A  CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (B) HELD OFF
    3  THE MARKET FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY  TO  PERFORM
    4  REPAIRS  NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCU-
    5  PANCY.
    6    (VIII) AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A  TEMPORARY,
    7  TRANSIENT  OR  SHORT-TERM  BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
    8  AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT  THE
    9  OPTION OF THE TENANT.
   10    (IX)  AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE
   11  OR CONDOMINIUM OWNERSHIP.
   12    (X) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS  THE  AGENCY
   13  DEEMS NECESSARY OR APPROPRIATE FOR (A) THE MARKETING OF AFFORDABLE HOUS-
   14  ING  UNITS,  BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (B) MONI-
   15  TORING COMPLIANCE WITH THE PROVISIONS OF  THIS  PARAGRAPH  AND  (C)  THE
   16  MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
   17  EXEMPTION  PURSUANT TO THIS SUBDIVISION.  SUCH REQUIREMENTS MAY INCLUDE,
   18  BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY  THE  AGENCY
   19  AND PAID FOR BY THE OWNER.
   20    (XI)  NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRA-
   21  RY, A MARKET UNIT SHALL BE SUBJECT TO RENT STABILIZATION UNLESS, IN  THE
   22  ABSENCE  OF  421-A  BENEFITS, THE OWNER WOULD BE ENTITLED TO REMOVE SUCH
   23  MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH-
   24  LY RENT EXCEEDING ANY LIMIT ESTABLISHED THEREUNDER.
   25    (G) BUILDING SERVICE EMPLOYEES.  (I) FOR THE PURPOSES  OF  THIS  PARA-
   26  GRAPH,  "APPLICANT"  SHALL  MEAN  AN  APPLICANT  FOR 421-A BENEFITS, ANY
   27  SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
   28  EES FOR SUCH APPLICANT,  INCLUDING,  BUT  NOT  LIMITED  TO,  A  PROPERTY
   29  MANAGEMENT COMPANY OR CONTRACTOR.
   30    (II)  ALL  BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
   31  ELIGIBLE SITE SHALL RECEIVE  THE  APPLICABLE  PREVAILING  WAGE  FOR  THE
   32  ENTIRE RESTRICTION PERIOD.
   33    (III)  THE  FISCAL  OFFICER  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
   34  PROVISIONS OF THIS PARAGRAPH. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL
   35  OFFICER SHALL HAVE THE POWER:
   36    (A)  TO  INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
   37  THE PREVAILING WAGES FOR BUILDING  SERVICE  EMPLOYEES;  IN  MAKING  SUCH
   38  INVESTIGATION,  THE  FISCAL  OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT
   39  DATA FROM VARIOUS SOURCES, INCLUDING,  BUT  NOT  LIMITED  TO,  DATA  AND
   40  DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
   41    (B)  TO  INSTITUTE  AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
   42  ELSEWHERE;
   43    (C) TO EXAMINE THE BOOKS, DOCUMENTS  AND  RECORDS  PERTAINING  TO  THE
   44  WAGES  PAID  TO,  AND  THE  HOURS OF WORK PERFORMED BY, BUILDING SERVICE
   45  EMPLOYEES;
   46    (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS,
   47  ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT  OF  A  SUBPOENA
   48  ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW
   49  AND RULES;
   50    (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
   51  NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO
   52  DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE  BUILDING  SERVICE
   53  EMPLOYEES IN SUCH CLASSIFICATION;
   54    (F)  TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
   55  OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
   56  EMPLOYEES AND OF THEIR HOURS OF WORK;
       S. 6012                            41                            A. 8323
    1    (G)  TO  DELEGATE  ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR
    2  OTHER AUTHORIZED REPRESENTATIVE; AND
    3    (H)  TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE
    4  PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES  AND  POWERS  CONFERRED
    5  UPON HIM OR HER BY THE PROVISIONS OF THIS SUBPARAGRAPH.
    6    (IV)  IF  THE  FISCAL  OFFICER  FINDS THAT THE APPLICANT HAS FAILED TO
    7  COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH, HE OR  SHE  SHALL  PRESENT
    8  EVIDENCE OF SUCH NONCOMPLIANCE TO THE AGENCY.
    9    (V) SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE APPLICABLE TO:
   10    (A) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING
   11  UNITS; OR
   12    (B)  AN  ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
   13  ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN  FIFTY  PERCENT  OF  SUCH
   14  AFFORDABLE  HOUSING  UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
   15  RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, ARE AFFORDABLE
   16  TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES  WHOSE  HOUSE-
   17  HOLD  INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA
   18  MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
   19  INITIALLY OCCUPIES SUCH DWELLING UNIT.
   20    (H) REPLACEMENT RATIO. IF THE  LAND  ON  WHICH  AN  ELIGIBLE  SITE  IS
   21  LOCATED  CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE-
   22  MENT DATE OF THE FIRST ELIGIBLE MULTIPLE  DWELLING  THEREON,  THEN  SUCH
   23  ELIGIBLE  SITE  SHALL  CONTAIN  AT LEAST ONE AFFORDABLE HOUSING UNIT FOR
   24  EACH DWELLING UNIT THAT EXISTED ON SUCH DATE AND WAS  THEREAFTER  DEMOL-
   25  ISHED, REMOVED OR RECONFIGURED.
   26    (I) CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
   27  RECEIVING  421-A BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATE-
   28  MENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   29    (J)  VOLUNTARY  RENUNCIATION  OR  TERMINATION.   NOTWITHSTANDING   THE
   30  PROVISIONS  OF  ANY  GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AN
   31  OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY  RENOUNCE  OR  TERMINATE  ANY
   32  421-A  BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMI-
   33  NATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSU-
   34  ANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR  SECTION  FOUR  HUNDRED
   35  TWENTY-C OF THIS TITLE.
   36    (K)  TERMINATION  OR  REVOCATION.  THE  AGENCY MAY TERMINATE OR REVOKE
   37  421-A BENEFITS FOR NONCOMPLIANCE WITH THIS SUBDIVISION. IF  421-A  BENE-
   38  FITS  ARE TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SUBDIVISION,
   39  ALL OF THE  AFFORDABLE  HOUSING  UNITS  SHALL  REMAIN  SUBJECT  TO  RENT
   40  STABILIZATION OR FOR A HOMEOWNERSHIP PROJECT SUCH PROJECT SHALL CONTINUE
   41  TO  COMPLY WITH AFFORDABILITY OPTION D OF THIS SUBDIVISION AND ALL OTHER
   42  REQUIREMENTS OF THIS SUBDIVISION FOR  THE  RESTRICTION  PERIOD  AND  ANY
   43  ADDITIONAL  PERIOD  EXPRESSLY  PROVIDED  IN  THIS SUBDIVISION, AS IF THE
   44  421-A BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
   45    (L) POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS  SUBDIVISION
   46  SHALL  NOT  BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
   47  DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR  AVAILABLE  AT
   48  LAW OR IN EQUITY.
   49    (M) MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
   50  AN  APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX
   51  LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR  421-A  BENEFITS  BASED
   52  UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION.
   53    (N)  APPLICATIONS.    (I) THE APPLICATION WITH RESPECT TO ANY ELIGIBLE
   54  MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
   55  AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
       S. 6012                            42                            A. 8323
    1    (II) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL  OR  LOCAL
    2  LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
    3  FILED ELECTRONICALLY.
    4    (III) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
    5  SUBMITTED  BY  AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
    6  TION. A FALSE CERTIFICATION BY  SUCH  ARCHITECT  OR  ENGINEER  SHALL  BE
    7  DEEMED  TO  BE  PROFESSIONAL  MISCONDUCT  PURSUANT TO SECTION SIXTY-FIVE
    8  HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE  FOUND  GUILTY  OF  SUCH
    9  MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
   10  TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
   11  SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW, AND SHALL THERE-
   12  AFTER  BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVI-
   13  SION.
   14    (O) FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE  THOUSAND
   15  DOLLARS  PER  DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. HOWEVER,
   16  THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
   17  CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE  SUBSTANTIAL
   18  ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
   19  LOCAL  GOVERNMENTAL  AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR
   20  THE DEVELOPMENT OF AFFORDABLE HOUSING.
   21    (P) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS
   22  OF THIS SUBDIVISION.
   23    (Q) AUTHORITY OF CITY TO ENACT LOCAL LAW. EXCEPT AS  OTHERWISE  SPECI-
   24  FIED IN THIS SUBDIVISION, A CITY TO WHICH THIS SUBDIVISION IS APPLICABLE
   25  MAY  ENACT  A  LOCAL LAW TO RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY
   26  FOR OR THE SCOPE OR AMOUNT OF 421-A BENEFITS  IN  ANY  MANNER,  PROVIDED
   27  THAT  SUCH  LOCAL LAW MAY NOT GRANT 421-A BENEFITS BEYOND THOSE PROVIDED
   28  IN THIS SUBDIVISION AND PROVIDED FURTHER THAT SUCH LOCAL LAW  SHALL  NOT
   29  TAKE  EFFECT SOONER THAN ONE YEAR AFTER IT IS ENACTED. THE PROVISIONS OF
   30  SECTIONS 11-245 AND 11-245.1 OF THE ADMINISTRATIVE CODE OF THE  CITY  OF
   31  NEW  YORK  OR  OF  ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK THAT WERE
   32  ENACTED ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF  THE  LAWS  OF
   33  TWO  THOUSAND  FIFTEEN  WHICH  ADDED  THIS PARAGRAPH SHALL NOT RESTRICT,
   34  LIMIT OR CONDITION THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT  OF  421-A
   35  BENEFITS PURSUANT TO THIS SUBDIVISION.
   36    (R)  ELECTION.  NOTWITHSTANDING  ANYTHING  IN  THIS SUBDIVISION TO THE
   37  CONTRARY, IF A  MEMORANDUM  OF  UNDERSTANDING  PURSUANT  TO  SUBDIVISION
   38  SIXTEEN-A  OF  THIS  SECTION  HAS  BEEN  EXECUTED  AND NOTICED, A RENTAL
   39  PROJECT OR HOMEOWNERSHIP PROJECT WITH A COMMENCEMENT DATE ON  OR  BEFORE
   40  DECEMBER  THIRTY-FIRST, TWO THOUSAND FIFTEEN THAT HAS NOT RECEIVED BENE-
   41  FITS PURSUANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER
   42  OF THE LAWS OF TWO THOUSAND FIFTEEN  THAT  ADDED  THIS  SUBDIVISION  MAY
   43  ELECT  TO COMPLY WITH THIS SUBDIVISION AND RECEIVE 421-A BENEFITS PURSU-
   44  ANT TO THIS SUBDIVISION.
   45    S 16-A. THE PROVISIONS OF SUBDIVISION SIXTEEN OF  THIS  SECTION  SHALL
   46  TAKE EFFECT ONLY UPON THE CONDITION THAT ON OR BEFORE JANUARY FIFTEENTH,
   47  TWO  THOUSAND SIXTEEN, A MEMORANDUM OF UNDERSTANDING IS EXECUTED BY ONE,
   48  OR MORE, REPRESENTATIVE OF THE LARGEST TRADE ASSOCIATION OF  RESIDENTIAL
   49  REAL ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK
   50  CITY  AS WELL AS ONE, OR MORE, REPRESENTATIVE OF THE LARGEST TRADE LABOR
   51  ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH MEMBER-
   52  SHIP IN NEW YORK CITY.
   53    SUCH MEMORANDUM OF UNDERSTANDING SHALL  INCLUDE  PROVISIONS  REGARDING
   54  WAGES  OR  WAGE  SUPPLEMENTS  FOR CONSTRUCTION WORKERS ON BUILDINGS OVER
   55  FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY  THE  BENEFITS  OF  SUBDIVISION
   56  SIXTEEN OF THIS SECTION; PROVIDED, HOWEVER THAT SUCH MEMORANDUM MAY ALSO
       S. 6012                            43                            A. 8323
    1  ADDRESS  ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II)
    2  APPLICATION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS AND (III) WAGE
    3  SCHEDULES FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY.  THE  TERMS
    4  AND  CONDITIONS  OF  THE  MEMORANDUM OF UNDERSTANDING SHALL APPLY TO ALL
    5  PROJECTS WITH MORE THAN FIFTEEN UNITS THAT RECEIVE BENEFITS  UNDER  THIS
    6  SUBDIVISION  SIXTEEN OF SECTION AFTER THE MEMORANDUM OF UNDERSTANDING IS
    7  EXECUTED.
    8    NOTWITHSTANDING THE FOREGOING, IF ON OR BEFORE JANUARY FIFTEENTH,  TWO
    9  THOUSAND  SIXTEEN,  THE  MEMORANDUM  OF UNDERSTANDING HAS NOT BEEN FULLY
   10  EXECUTED, THE PROVISIONS OF SUBDIVISION SIXTEEN OF THIS SECTION SHALL BE
   11  SUSPENDED SUCH THAT NO NEW APPLICATIONS SHALL BE ACCEPTED UNDER SUBDIVI-
   12  SION SIXTEEN OF THIS SECTION. ABSENT SUCH FULL EXECUTION OF  SUCH  MEMO-
   13  RANDUM AND NOTICE TO THE LEGISLATIVE BILL DRAFTING COMMISSION, THE BENE-
   14  FITS  OF SUBDIVISION SIXTEEN OF THIS SECTION SHALL REMAIN SUSPENDED THAT
   15  NO NEW APPLICATIONS SHALL BE ACCEPTED UNDER SUBDIVISION SIXTEEN OF  THIS
   16  SECTION, UNTIL SUCH MEMORANDUM IS EXECUTED.
   17    17. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION:
   18    (I)  "AFFORDABLE  HOUSING  EIGHTY  PERCENT  UNITS" SHALL MEAN DWELLING
   19  UNITS THAT: (A) ARE SITUATED WITHIN THE EXTENDED AFFORDABILITY PROPERTY;
   20  (B) UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL  FOLLOWING  A
   21  VACANCY  DURING  THE  EXTENDED AFFORDABILITY PERIOD, ARE EACH AFFORDABLE
   22  AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES  WHOSE  HOUSEHOLD
   23  INCOME  DOES  NOT  EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME,
   24  ADJUSTED FOR FAMILY SIZE, AT THE  TIME  THAT  SUCH  HOUSEHOLD  INITIALLY
   25  OCCUPIES  SUCH  DWELLING UNIT; AND (C) UPON INITIAL RENTAL AND UPON EACH
   26  SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE EXTENDED  AFFORDABILITY
   27  PERIOD, ARE COLLECTIVELY AFFORDABLE AND RESTRICTED TO OCCUPANCY BY INDI-
   28  VIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED AN AVERAGE OF
   29  EIGHTY  PERCENT  OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT
   30  THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   31    (II) "AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS" SHALL  MEAN
   32  DWELLING  UNITS  THAT: (A) ARE SITUATED WITHIN AN EXTENDED AFFORDABILITY
   33  PROPERTY; AND (B) UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL
   34  FOLLOWING  A  VACANCY DURING THE EXTENDED AFFORDABILITY PERIOD, ARE EACH
   35  AFFORDABLE AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES  WHOSE
   36  HOUSEHOLD  INCOME DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE AREA
   37  MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
   38  INITIALLY OCCUPIES SUCH DWELLING UNIT.
   39    (III) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND  INDIVID-
   40  UALLY,  AFFORDABLE  HOUSING  EIGHTY PERCENT UNITS AND AFFORDABLE HOUSING
   41  ONE HUNDRED THIRTY PERCENT UNITS.
   42    (IV) "AGENCY" SHALL MEAN THE DEPARTMENT OF  HOUSING  PRESERVATION  AND
   43  DEVELOPMENT.
   44    (V)  "APPLICATION"  SHALL  MEAN  AN  APPLICATION FOR EXTENDED BENEFITS
   45  PURSUANT TO THIS SUBDIVISION.
   46    (VI) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULAR-
   47  LY EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
   48  NANCE OF, AN EXTENDED AFFORDABILITY PROPERTY, INCLUDING, BUT NOT LIMITED
   49  TO, A WATCHMAN, GUARD,  DOORMAN,  BUILDING  CLEANER,  PORTER,  HANDYMAN,
   50  JANITOR,  GARDENER,  GROUNDSKEEPER,  ELEVATOR  OPERATOR AND STARTER, AND
   51  WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY  SCHEDULED  TO  WORK
   52  FEWER THAN EIGHT HOURS PER WEEK IN THE EXTENDED AFFORDABILITY PROPERTY.
   53    (VII)  "COMMENCEMENT DATE" SHALL MEAN THE LATER OF: (A) THE EXPIRATION
   54  DATE; OR (B) THE RESTRICTIVE DECLARATION DATE.
   55    (VIII) "EXPIRATION DATE" SHALL  MEAN  THE  DATE  UPON  WHICH  BENEFITS
   56  GRANTED  TO  A  TWENTY YEAR BENEFIT PROPERTY OR TWENTY-FIVE YEAR BENEFIT
       S. 6012                            44                            A. 8323
    1  PROPERTY PURSUANT TO THIS SECTION PRIOR TO THE  EFFECTIVE  DATE  OF  THE
    2  CHAPTER  OF THE LAWS OF TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION
    3  WOULD EXPIRE.
    4    (IX)  "EXTENDED  AFFORDABILITY PERIOD" SHALL MEAN, NOTWITHSTANDING ANY
    5  EARLIER TERMINATION OR REVOCATION OF THE EXTENDED  BENEFIT,  THE  PERIOD
    6  COMMENCING  UPON  THE  COMMENCEMENT  DATE  AND ENDING: (A) FIFTEEN YEARS
    7  THEREAFTER FOR A TWENTY YEAR BENEFIT PROPERTY; AND (B) TEN YEARS  THERE-
    8  AFTER FOR A TWENTY-FIVE YEAR BENEFIT PROPERTY.
    9    (X) "EXTENDED AFFORDABILITY PROPERTY" SHALL MEAN A TWENTY YEAR BENEFIT
   10  PROPERTY  OR  A TWENTY-FIVE YEAR BENEFIT PROPERTY THAT COMPLIES WITH THE
   11  PROVISIONS OF THIS SUBDIVISION.
   12    (XI) "EXTENDED AFFORDABILITY REQUIREMENT" SHALL MEAN THAT, WITHIN  ANY
   13  EXTENDED AFFORDABILITY PROPERTY: (A) NOT LESS THAN TWENTY PERCENT OF THE
   14  DWELLING  UNITS ARE AFFORDABLE HOUSING EIGHTY PERCENT UNITS; AND (B) NOT
   15  LESS THAN AN ADDITIONAL FIVE PERCENT OF THE DWELLING UNITS ARE  AFFORDA-
   16  BLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS.
   17    (XII)  "EXTENDED  BENEFIT"  SHALL MEAN, FOR ANY EXTENDED AFFORDABILITY
   18  PROPERTY, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY  TAXATION,  OTHER
   19  THAN  ASSESSMENTS FOR LOCAL IMPROVEMENTS, FOR THE EXTENDED AFFORDABILITY
   20  PERIOD.
   21    (XIII) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER  ANALOGOUS
   22  OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   23    (XIV)  "FLOOR  AREA"  SHALL  MEAN  THE HORIZONTAL AREAS OF THE SEVERAL
   24  FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
   25  RY STRUCTURES ON A LOT MEASURED FROM  THE  EXTERIOR  FACES  OF  EXTERIOR
   26  WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
   27    (XV)  "MULTIPLE  DWELLING"  SHALL  HAVE  THE  MEANING SET FORTH IN THE
   28  MULTIPLE DWELLING LAW.
   29    (XVI) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS  DWELL-
   30  ING UNITS.
   31    (XVII) "RESTRICTIVE DECLARATION" SHALL MEAN A DOCUMENT EXECUTED BY ALL
   32  PARTIES  IN  INTEREST  TO  THE  EXTENDED  AFFORDABILITY  PROPERTY  WHICH
   33  PROVIDES THAT, DURING THE EXTENDED AFFORDABILITY  PERIOD,  THE  EXTENDED
   34  AFFORDABILITY  PROPERTY  SHALL  COMPLY  WITH  THE EXTENDED AFFORDABILITY
   35  REQUIREMENT.
   36    (XVIII) "RESTRICTIVE DECLARATION DATE" SHALL MEAN THE DATE UPON  WHICH
   37  THE RESTRICTIVE DECLARATION IS RECORDED AGAINST THE EXTENDED AFFORDABIL-
   38  ITY PROPERTY.
   39    (XIX)  "TWENTY  YEAR  BENEFIT PROPERTY" SHALL MEAN A MULTIPLE DWELLING
   40  THAT COMMENCED CONSTRUCTION PRIOR TO JULY FIRST, TWO THOUSAND EIGHT  AND
   41  THAT  WAS  GRANTED BENEFITS PURSUANT TO THIS SECTION PRIOR TO THE EFFEC-
   42  TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT  ADDED
   43  THIS  SUBDIVISION  DUE TO ITS COMPLIANCE WITH THE REQUIREMENTS OF ITEM B
   44  OF CLAUSE (A) OF SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF  SUBDIVISION  TWO
   45  OF THIS SECTION.
   46    (XX)  "TWENTY-FIVE YEAR BENEFIT PROPERTY" SHALL MEAN A MULTIPLE DWELL-
   47  ING THAT COMMENCED CONSTRUCTION PRIOR TO JULY FIRST, TWO THOUSAND  EIGHT
   48  AND  THAT  WAS  GRANTED  BENEFITS  PURSUANT TO THIS SECTION PRIOR TO THE
   49  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND  FIFTEEN  THAT
   50  ADDED  THIS  SUBDIVISION  DUE TO ITS COMPLIANCE WITH THE REQUIREMENTS OF
   51  ITEM B OF CLAUSE (D) OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF  SUBDIVI-
   52  SION TWO OF THIS SECTION.
   53    (B)  BENEFIT.  IN  CITIES  HAVING A POPULATION OF ONE MILLION OR MORE,
   54  NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS  SECTION
   55  OR  OF  ANY  GENERAL,  SPECIAL OR LOCAL LAW TO THE CONTRARY, AN EXTENDED
   56  AFFORDABILITY PROPERTY SHALL BE GRANTED AN EXTENDED  BENEFIT,  PROVIDED,
       S. 6012                            45                            A. 8323
    1  HOWEVER, THAT SUCH EXTENDED BENEFIT SHALL BE AVAILABLE ONLY IF ALL RESI-
    2  DENTIAL  TAX  LOTS  IN  SUCH  EXTENDED AFFORDABILITY PROPERTY OPERATE AS
    3  RENTAL HOUSING.
    4    (C) TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
    5  THIS  SUBDIVISION,  THE  OWNER  OF  AN  EXTENDED  AFFORDABILITY PROPERTY
    6  RECEIVING AN EXTENDED BENEFIT SHALL PAY, IN EACH TAX YEAR IN WHICH  SUCH
    7  EXTENDED  BENEFIT  IS  IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS
    8  FOLLOWS:
    9    (I) REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF SUCH LAND AND ANY
   10  IMPROVEMENTS THEREON  IN  EFFECT  DURING  THE  TAX  YEAR  PRECEDING  THE
   11  COMMENCEMENT OF THE CONSTRUCTION OF SUCH EXTENDED AFFORDABILITY PROPERTY
   12  WITHOUT REGARD TO ANY EXEMPTION OR ABATEMENT FROM REAL PROPERTY TAXATION
   13  IN  EFFECT PRIOR TO SUCH CONSTRUCTION WHICH REAL PROPERTY TAXES SHALL BE
   14  CALCULATED ON THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE; AND
   15    (II) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
   16    (D) LIMITATION ON BENEFITS FOR  NON-RESIDENTIAL  SPACE.  ANY  EXTENDED
   17  BENEFIT  SHALL  BE  REDUCED BY THE PERCENTAGE OF AGGREGATE FLOOR AREA OF
   18  THE EXTENDED AFFORDABILITY PROPERTY OCCUPIED  BY  COMMERCIAL,  COMMUNITY
   19  FACILITY,  PARKING,  AND  ACCESSORY USES AS PROVIDED IN PARAGRAPH (D) OF
   20  SUBDIVISION TWO OF THIS SECTION.
   21    (E) CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF  THE  AGENCY
   22  CERTIFYING  THE  APPLICANT'S  ELIGIBILITY  FOR THE EXTENDED BENEFIT, THE
   23  ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
   24  BE EXEMPTED.
   25    (F) AFFORDABILITY REQUIREMENT. DURING THE EXTENDED AFFORDABILITY PERI-
   26  OD, AN EXTENDED AFFORDABILITY PROPERTY MUST  COMPLY  WITH  THE  EXTENDED
   27  AFFORDABILITY  REQUIREMENT AND THE RESTRICTIVE DECLARATION. THE EXTENDED
   28  AFFORDABILITY PROPERTY SHALL ALSO COMPLY WITH  ALL  PROVISIONS  OF  THIS
   29  PARAGRAPH DURING THE EXTENDED AFFORDABILITY PERIOD AND WITH SUBPARAGRAPH
   30  (I)  OF  THIS PARAGRAPH BOTH DURING AND AFTER THE EXTENDED AFFORDABILITY
   31  PERIOD TO THE EXTENT PROVIDED IN SUCH SUBPARAGRAPH.
   32    (I) NOTWITHSTANDING THE PROVISIONS OF ANY LOCAL LAW FOR THE STABILIZA-
   33  TION OF RENTS OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN  SEVEN-
   34  TY-FOUR, ALL AFFORDABLE HOUSING UNITS IN AN EXTENDED AFFORDABILITY PROP-
   35  ERTY  SHALL BE FULLY SUBJECT TO CONTROL UNDER SUCH LOCAL LAW OR SUCH ACT
   36  DURING THE EXTENDED AFFORDABILITY PERIOD, PROVIDED THAT TENANTS  HOLDING
   37  A LEASE AND IN OCCUPANCY OF SUCH AFFORDABLE HOUSING UNITS IN AN EXTENDED
   38  AFFORDABILITY  PROPERTY  AT THE EXPIRATION OF THE EXTENDED AFFORDABILITY
   39  PERIOD SHALL HAVE THE RIGHT TO REMAIN AS RENT STABILIZED TENANTS FOR THE
   40  DURATION OF THEIR OCCUPANCY. UPON ANY VACANCY OF AN  AFFORDABLE  HOUSING
   41  UNIT  AFTER  THE  EXTENDED AFFORDABILITY PERIOD, SUCH AFFORDABLE HOUSING
   42  UNIT SHALL REMAIN FULLY SUBJECT TO RENT STABILIZATION UNLESS  THE  OWNER
   43  IS  ENTITLED TO REMOVE SUCH AFFORDABLE HOUSING UNIT FROM RENT STABILIZA-
   44  TION UPON SUCH VACANCY BY REASON OF THE MONTHLY RENT EXCEEDING ANY LIMIT
   45  ESTABLISHED THEREUNDER.
   46    (II) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED  PURSU-
   47  ANT  TO  SUBPARAGRAPH  (I) OF THIS PARAGRAPH SHALL CONTAIN A DESIGNATION
   48  THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS COMPLYING WITH THE
   49  EXTENDED AFFORDABILITY REQUIREMENT AS "421-A AFFORDABLE  HOUSING  UNITS"
   50  AND  SHALL  CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL
   51  SUCH AFFORDABLE HOUSING UNITS.
   52    (III) FAILURE TO COMPLY WITH THE PROVISIONS  OF  THIS  PARAGRAPH  THAT
   53  REQUIRE  THE MAINTENANCE, RENT STABILIZATION AND OCCUPANCY OF AFFORDABLE
   54  HOUSING UNITS IN AN EXTENDED  AFFORDABILITY  PROPERTY  SHALL  RESULT  IN
   55  REVOCATION  OF  THE  EXTENDED BENEFIT FOR THE PERIOD OF SUCH NON-COMPLI-
   56  ANCE.
       S. 6012                            46                            A. 8323
    1    (IV) NOTHING IN THIS SUBDIVISION SHALL: (A) PROHIBIT THE OCCUPANCY  OF
    2  AN  AFFORDABLE  HOUSING  UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT
    3  ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN  INCOME,
    4  ADJUSTED  FOR  FAMILY  SIZE,  SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT
    5  PURSUANT  TO  THIS SUBDIVISION; OR (B) PROHIBIT THE OWNER OF AN EXTENDED
    6  AFFORDABILITY PROPERTY FROM REQUIRING, UPON INITIAL RENTAL OR  UPON  ANY
    7  RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT
    8  BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES.
    9    (V)  UPON  EACH  VACANCY, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE
   10  OFFERED FOR RENTAL BY INDIVIDUALS OR  FAMILIES  WHOSE  INCOME  DOES  NOT
   11  EXCEED  THE  MAXIMUM  PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
   12  FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
   13  SUBDIVISION AND WHO INTEND TO OCCUPY SUCH  AFFORDABLE  HOUSING  UNIT  AS
   14  THEIR  PRIMARY  RESIDENCE.  AN AFFORDABLE HOUSING UNIT SHALL NOT BE: (A)
   15  RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY; OR  (B)  HELD  OFF
   16  THE  MARKET  FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM
   17  REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR  OCCU-
   18  PANCY.
   19    (VI)  AN  AFFORDABLE  HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY,
   20  TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL  THEREOF  FOR  AN
   21  AFFORDABLE  HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
   22  OPTION OF THE TENANT.
   23    (VII) AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE
   24  OR CONDOMINIUM OWNERSHIP.
   25    (VIII) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGEN-
   26  CY DEEMS NECESSARY OR APPROPRIATE FOR: (A) THE MARKETING  OF  AFFORDABLE
   27  HOUSING UNITS; AND (B) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS
   28  PARAGRAPH.  SUCH  REQUIREMENTS  MAY INCLUDE, BUT NEED NOT BE LIMITED TO,
   29  RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER.
   30    (G) BUILDING SERVICE EMPLOYEES.  (I) FOR THE PURPOSES  OF  THIS  PARA-
   31  GRAPH,  "APPLICANT"  SHALL  MEAN AN APPLICANT FOR EXTENDED BENEFITS, ANY
   32  SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
   33  EES FOR SUCH APPLICANT,  INCLUDING,  BUT  NOT  LIMITED  TO,  A  PROPERTY
   34  MANAGEMENT COMPANY OR CONTRACTOR.
   35    (II)  ALL  BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
   36  EXTENDED AFFORDABILITY PROPERTY SHALL RECEIVE THE APPLICABLE  PREVAILING
   37  WAGE FOR THE ENTIRE EXTENDED AFFORDABILITY PERIOD.
   38    (III)  THE  FISCAL  OFFICER  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
   39  PROVISIONS OF THIS PARAGRAPH. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL
   40  OFFICER SHALL HAVE THE POWER:
   41    (A)  TO  INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
   42  THE PREVAILING WAGES FOR BUILDING  SERVICE  EMPLOYEES;  IN  MAKING  SUCH
   43  INVESTIGATION,  THE  FISCAL  OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT
   44  DATA FROM VARIOUS SOURCES, INCLUDING,  BUT  NOT  LIMITED  TO,  DATA  AND
   45  DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
   46    (B)  TO  INSTITUTE  AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
   47  ELSEWHERE;
   48    (C) TO EXAMINE THE BOOKS, DOCUMENTS  AND  RECORDS  PERTAINING  TO  THE
   49  WAGES  PAID  TO,  AND  THE  HOURS OF WORK PERFORMED BY, BUILDING SERVICE
   50  EMPLOYEES;
   51    (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS,
   52  ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT  OF  A  SUBPOENA
   53  ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW
   54  AND RULES;
   55    (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
   56  NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO
       S. 6012                            47                            A. 8323
    1  DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE  BUILDING  SERVICE
    2  EMPLOYEES IN SUCH CLASSIFICATION;
    3    (F)  TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
    4  OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
    5  EMPLOYEES AND OF THEIR HOURS OF WORK;
    6    (G)  TO  DELEGATE  ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR
    7  OTHER AUTHORIZED REPRESENTATIVE; AND
    8    (H) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR  THE
    9  PROPER  EXECUTION  OF  THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED
   10  UPON HIM OR HER BY THE PROVISIONS OF THIS SUBPARAGRAPH.
   11    (IV) IF THE FISCAL OFFICER FINDS THAT  THE  APPLICANT  HAS  FAILED  TO
   12  COMPLY  WITH  THE  PROVISIONS OF THIS PARAGRAPH, HE OR SHE SHALL PRESENT
   13  EVIDENCE OF SUCH NONCOMPLIANCE TO THE AGENCY.
   14    (V) SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE APPLICABLE TO:
   15    (A) AN EXTENDED AFFORDABILITY PROPERTY  CONTAINING  LESS  THAN  THIRTY
   16  DWELLING UNITS; OR
   17    (B)  AN  EXTENDED  AFFORDABILITY PROPERTY IN WHICH ALL OF THE DWELLING
   18  UNITS ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN  FIFTY  PERCENT  OF
   19  SUCH  AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSE-
   20  QUENT RENTAL FOLLOWING A VACANCY DURING THE EXTENDED AFFORDABILITY PERI-
   21  OD, ARE AFFORDABLE TO AND RESTRICTED  TO  OCCUPANCY  BY  INDIVIDUALS  OR
   22  FAMILIES  WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE
   23  PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
   24  THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
   25    (H) CONCURRENT EXEMPTIONS OR  ABATEMENTS.  AN  EXTENDED  AFFORDABILITY
   26  PROPERTY  RECEIVING  AN EXTENDED BENEFIT SHALL NOT RECEIVE ANY EXEMPTION
   27  FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
   28    (I)  VOLUNTARY  RENUNCIATION  OR  TERMINATION.   NOTWITHSTANDING   THE
   29  PROVISIONS  OF  ANY  GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AN
   30  OWNER SHALL NOT BE ENTITLED TO  VOLUNTARILY  RENOUNCE  OR  TERMINATE  AN
   31  EXTENDED  BENEFIT  UNLESS  THE  AGENCY  AUTHORIZES  SUCH RENUNCIATION OR
   32  TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW  TAX  EXEMPTION
   33  PURSUANT  TO  EITHER  THE  PRIVATE  HOUSING  FINANCE LAW OR SECTION FOUR
   34  HUNDRED TWENTY-C OF THIS TITLE.
   35    (J) TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE  THE
   36  EXTENDED  BENEFIT  FOR  NONCOMPLIANCE  WITH  THIS  SUBDIVISION.  IF  THE
   37  EXTENDED BENEFIT IS TERMINATED OR REVOKED FOR  NONCOMPLIANCE  WITH  THIS
   38  SUBDIVISION, ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
   39  THE  PROVISIONS  OF  ANY LOCAL LAW FOR THE STABILIZATION OF RENTS OR THE
   40  EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR AND  ALL  OTHER
   41  REQUIREMENTS  OF  THIS SUBDIVISION FOR THE ENTIRE EXTENDED AFFORDABILITY
   42  PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SUBDIVISION,
   43  AS IF THE EXTENDED BENEFIT HAD NOT BEEN TERMINATED OR REVOKED.
   44    (K) POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS  SUBDIVISION
   45  SHALL  NOT  BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
   46  DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR  AVAILABLE  AT
   47  LAW OR IN EQUITY.
   48    (L)  MULTIPLE TAX LOTS. IF AN EXTENDED AFFORDABILITY PROPERTY CONTAINS
   49  MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT  TO  ONE
   50  OR  MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AN
   51  EXTENDED BENEFIT BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION.
   52    (M) APPLICATIONS.  (I) THE APPLICATION WITH RESPECT  TO  ANY  EXTENDED
   53  AFFORDABILITY  PROPERTY  SHALL  INCLUDE  A  CERTIFICATION  THAT: (A) THE
   54  RESTRICTIVE DECLARATION HAS BEEN RECORDED AGAINST THE EXTENDED  AFFORDA-
   55  BILITY  PROPERTY;  AND  (B)  THE  EXTENDED  AFFORDABILITY PROPERTY IS IN
   56  COMPLIANCE WITH SUCH RESTRICTIVE DECLARATION AND THIS SUBDIVISION.
       S. 6012                            48                            A. 8323
    1    (II) THE APPLICATION WITH RESPECT TO ANY EXTENDED AFFORDABILITY  PROP-
    2  ERTY  SHALL  BE  FILED  WITH  THE  AGENCY ON OR BEFORE THE LATER OF: (A)
    3  DECEMBER THIRTY-FIRST, TWO THOUSAND  SIXTEEN;  OR  (B)  EIGHTEEN  MONTHS
    4  AFTER THE EXPIRATION DATE.
    5    (III)  NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
    6  LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
    7  FILED ELECTRONICALLY.
    8    (IV) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR  ENGINEER
    9  SUBMITTED  BY  AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
   10  TION. A FALSE CERTIFICATION BY  SUCH  ARCHITECT  OR  ENGINEER  SHALL  BE
   11  DEEMED  TO  BE  PROFESSIONAL  MISCONDUCT  PURSUANT TO SECTION SIXTY-FIVE
   12  HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE  FOUND  GUILTY  OF  SUCH
   13  MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
   14  TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
   15  SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW, AND SHALL THERE-
   16  AFTER  BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVI-
   17  SION.
   18    (N) FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE  THOUSAND
   19  DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION.
   20    (O) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS
   21  OF THIS SUBDIVISION.
   22    (P)  AUTHORITY  OF CITY TO ENACT LOCAL LAW. EXCEPT AS OTHERWISE SPECI-
   23  FIED IN THIS SUBDIVISION, A CITY TO WHICH THIS SUBDIVISION IS APPLICABLE
   24  MAY ENACT A LOCAL LAW TO RESTRICT, LIMIT OR  CONDITION  THE  ELIGIBILITY
   25  FOR  OR THE SCOPE OR AMOUNT OF EXTENDED BENEFITS IN ANY MANNER, PROVIDED
   26  THAT SUCH LOCAL  LAW  MAY  NOT  GRANT  EXTENDED  BENEFITS  BEYOND  THOSE
   27  PROVIDED  IN  THIS  SUBDIVISION AND PROVIDED FURTHER THAT SUCH LOCAL LAW
   28  SHALL NOT TAKE EFFECT SOONER THAN ONE YEAR  AFTER  IT  IS  ENACTED.  THE
   29  PROVISIONS OF SECTIONS 11-245 AND 11-245.1 OF THE ADMINISTRATIVE CODE OF
   30  THE  CITY  OF NEW YORK OR OF ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK
   31  THAT WERE ENACTED ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF  THE
   32  LAWS  OF  TWO  THOUSAND  FIFTEEN  THAT  ADDED  THIS  PARAGRAPH SHALL NOT
   33  RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY FOR OR THE SCOPE OR  AMOUNT
   34  OF EXTENDED BENEFITS PURSUANT TO THIS SUBDIVISION.
   35    S 63-d. Intentionally omitted.
   36    S 63-e. Intentionally omitted.
   37    S 63-f. Subdivision 2 of section 421-a of the real property tax law is
   38  amended by adding a new paragraph (j) to read as follows:
   39    (J)   VOLUNTARY   RENUNCIATION  OR  TERMINATION.  NOTWITHSTANDING  THE
   40  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO  THE  CONTRARY,  AN
   41  OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANY TAX
   42  EXEMPTION  GRANTED PURSUANT TO THIS SUBDIVISION UNLESS THE LOCAL HOUSING
   43  AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION  IN  CONNECTION  WITH
   44  THE  COMMENCEMENT  OF A NEW TAX EXEMPTION PURSUANT TO EITHER THE PRIVATE
   45  HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE.
   46    S 63-g. The opening paragraph of subdivision 3 of section 421-a of the
   47  real property tax law, as amended by chapter 655 of the laws of 1978, is
   48  amended to read as follows:
   49    A. Application forms for exemption under this section shall  be  filed
   50  with the assessors between February first and March fifteenth and, based
   51  on the certification of the local housing agency as herein provided, the
   52  assessors shall certify to the collecting officer the amount of taxes to
   53  be  abated.  If  there  be in a city of one million population or more a
   54  department of housing preservation and development,  the  term  "housing
   55  agency"  shall  mean  only  such  department of housing preservation and
   56  development. No such application shall  be  accepted  by  the  assessors
       S. 6012                            49                            A. 8323
    1  unless accompanied by a certificate of the local housing agency certify-
    2  ing the applicant's eligibility pursuant to subdivisions two and four of
    3  this  section.  No  such certification of eligibility shall be issued by
    4  the  local  housing  agency  until  such  agency  determines the initial
    5  adjusted monthly rent to be paid by tenants residing in rental  dwelling
    6  units  contained  within  the  multiple  dwelling  and  the  comparative
    7  adjusted monthly rent that would have to be paid by such tenants  if  no
    8  tax  exemption were applicable as provided by this section.  The initial
    9  adjusted monthly rent will be certified by the local housing  agency  as
   10  the  first  rent  for the subject dwelling units. A copy of such certif-
   11  ication with respect to such units shall be attached by the applicant to
   12  the first effective lease or occupancy agreement. The  initial  adjusted
   13  monthly  rent  shall reflect the full tax exemption benefits as approved
   14  by the agency.
   15    S 63-h. Subdivision 3 of section 421-a of the real property tax law is
   16  amended by adding a new paragraph b to read as follows:
   17    B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
   18  TO THE CONTRARY, THE LOCAL HOUSING  AGENCY  MAY  REQUIRE  BY  RULE  THAT
   19  APPLICATIONS BE FILED ELECTRONICALLY.
   20    S  63-i.  Paragraph  (a) of subdivision 6 of section 421-a of the real
   21  property tax law is amended by adding  three  new  subparagraphs  (iii),
   22  (iv) and (v) to read as follows:
   23    (III)  "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY BUILDING IN
   24  A COVERED PROJECT AND NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, THE
   25  DATE UPON WHICH EXCAVATION AND  CONSTRUCTION  OF  INITIAL  FOOTINGS  AND
   26  FOUNDATIONS  LAWFULLY  BEGINS  IN GOOD FAITH OR, FOR AN ELIGIBLE CONVER-
   27  SION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF  THE  CONVERSION,
   28  ALTERATION  OR  IMPROVEMENT  OF  THE  PRE-EXISTING BUILDING OR STRUCTURE
   29  LAWFULLY BEGINS IN GOOD FAITH.
   30    (IV) "COMPLETION DATE" SHALL  MEAN  THE  DATE  UPON  WHICH  THE  LOCAL
   31  DEPARTMENT  OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIF-
   32  ICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF  A  BUILDING  IN  A
   33  COVERED PROJECT.
   34    (V)  "COVERED  PROJECT AGREEMENT" SHALL MEAN AN AGREEMENT EXECUTED AND
   35  RECORDED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  FIFTEEN,  AND
   36  NOT  THEREAFTER  AMENDED  TO  INCLUDE  ADDITIONAL  REAL PROPERTY, BY AND
   37  BETWEEN THE OWNERS OF THE REAL PROPERTY CONTAINING ALL OF THE AFFORDABLE
   38  UNITS AND THE MARKET  UNITS  WHICH  WILL  CONSTITUTE  A  SINGLE  COVERED
   39  PROJECT AS DEFINED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
   40    S  63-j.  Paragraph  (b) of subdivision 6 of section 421-a of the real
   41  property tax law, as added by chapter  110  of  the  laws  of  2005,  is
   42  amended to read as follows:
   43    (b)  No  benefits  under  the  provisions  of  this  section  shall be
   44  conferred on any BUILDING IN A covered project located in the Greenpoint
   45  - Williamsburg waterfront exclusion area unless [such] THE REAL PROPERTY
   46  CONTAINING SUCH BUILDING IS IDENTIFIED IN A COVERED  PROJECT  AGREEMENT,
   47  AND  THE  COVERED  project  THAT  INCLUDES  SUCH  BUILDING shall provide
   48  affordable housing for persons and families of low and  moderate  income
   49  that meets one of the following conditions:
   50    (i)  not  less than twenty percent of the units in the covered project
   51  are affordable to and occupied or available for occupancy by individuals
   52  or families whose incomes at the time of initial occupancy do not exceed
   53  eighty percent of the area median incomes adjusted for family size,  AND
   54  AT  LEAST  ONE  BUILDING  IN SUCH COVERED PROJECT THAT CONTAINS NOT LESS
   55  THAN TWENTY PERCENT OF ITS DWELLING UNITS MEETING THIS AFFORDABLE  HOUS-
   56  ING   REQUIREMENT   HAS  A  COMMENCEMENT  DATE  ON  OR  BEFORE  DECEMBER
       S. 6012                            50                            A. 8323
    1  THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ALL  OF  THE  BUILDINGS  IN  SUCH
    2  COVERED  PROJECT THAT RECEIVE BENEFITS PURSUANT TO PARAGRAPH (F) OF THIS
    3  SUBDIVISION HAVE A COMPLETION DATE ON  OR  BEFORE  JUNE  FIFTEENTH,  TWO
    4  THOUSAND TWENTY-FIVE; or
    5    (ii) not less than ten percent of the units in the covered project are
    6  affordable  to and occupied or available for occupancy by individuals or
    7  families whose incomes at the time of initial occupancy  do  not  exceed
    8  eighty  percent  of the area median incomes adjusted for family size and
    9  not less than an additional fifteen percent of the units in the  covered
   10  project  are  affordable  to  and occupied or available for occupancy by
   11  individuals or families whose incomes at the time of  initial  occupancy
   12  do not exceed one hundred twenty-five percent of the area median incomes
   13  adjusted  for  family  size,  AND  AT LEAST ONE BUILDING IN SUCH COVERED
   14  PROJECT THAT CONTAINS NOT LESS THAN TWENTY-FIVE PERCENT OF ITS  DWELLING
   15  UNITS  MEETING  THIS  AFFORDABLE  HOUSING REQUIREMENT HAS A COMMENCEMENT
   16  DATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ALL OF
   17  THE BUILDINGS IN SUCH COVERED PROJECT THAT RECEIVE BENEFITS PURSUANT  TO
   18  PARAGRAPH  (F)  OF  THIS SUBDIVISION HAVE A COMPLETION DATE ON OR BEFORE
   19  JUNE FIFTEENTH, TWO THOUSAND TWENTY-FIVE.
   20    S 63-k. Paragraph (f) of subdivision 6 of section 421-a  of  the  real
   21  property  tax  law,  as  added  by  chapter  110 of the laws of 2005, is
   22  amended to read as follows:
   23    (f) With respect to any covered project located  entirely  within  the
   24  Greenpoint  -  Williamsburg waterfront exclusion area, the period of tax
   25  benefits awarded to any building in such covered project  shall  be  the
   26  same  as  the  period  of tax benefits awarded under clause [(A)] (D) of
   27  subparagraph (iii) of paragraph (a) of subdivision two of this  section.
   28  With respect to any covered project which includes one or more buildings
   29  located outside the Greenpoint - Williamsburg waterfront exclusion area,
   30  the  period  of  tax  benefits  awarded  to any building in such covered
   31  project that is located within the Greenpoint - Williamsburg  waterfront
   32  exclusion  area  shall be the same as the period of tax benefits awarded
   33  under clause (A) of subparagraph (ii) of paragraph  (a)  of  subdivision
   34  two of this section.
   35    S  63-l.   Paragraph (d) of subdivision 7 of section 421-a of the real
   36  property tax law, as added by chapter 618  of  the  laws  of  2007,  and
   37  subparagraphs  (i)  and  (ii)  as  amended by chapter 619 of the laws of
   38  2007, are amended to read as follows:
   39    (d) Unless preempted by federal requirements:
   40    (i) all affordable units must have a comparable number of bedrooms  as
   41  market  rate units and a unit mix proportional to the market rate units,
   42  or at least fifty percent of the affordable units must have two or  more
   43  bedrooms  and  no  more than fifty percent of the remaining units can be
   44  smaller than one bedroom or in addition to the requirements of paragraph
   45  (c) of this subdivision, the floor area of affordable units is  no  less
   46  than twenty percent of the total floor area of all dwelling units; [and]
   47    (ii) AFFORDABLE UNITS SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON
   48  AREAS  AS  MARKET  RATE  UNITS,  AND SHALL NOT BE ISOLATED TO A SPECIFIC
   49  FLOOR OR AREA OF A BUILDING. COMMON ENTRANCES SHALL MEAN ANY AREA  REGU-
   50  LARLY USED BY ANY RESIDENT FOR INGRESS AND EGRESS FROM A MULTIPLE DWELL-
   51  ING; AND
   52    (III)  residents  of  the  community board where the multiple dwelling
   53  which receives the benefits provided in this section is  located  shall,
   54  upon  initial  occupancy,  have  priority  for the purchase or rental of
   55  fifty percent of the affordable units.
       S. 6012                            51                            A. 8323
    1    S 63-m. Subdivision 8 of section 421-a of the real property  tax  law,
    2  as  added  by chapter 618 of the laws of 2007, subparagraph (i) of para-
    3  graph (a) and paragraph (c) as amended by chapter  15  of  the  laws  of
    4  2008,  paragraphs  (d)  and (e) as amended by chapter 619 of the laws of
    5  2007, is amended to read as follows:
    6    8. (a) As used in this subdivision, the following terms shall have the
    7  following meanings:
    8    (i)  "APPLICANT"  MEANS  AN  APPLICANT  FOR  BENEFITS PURSUANT TO THIS
    9  SECTION, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY  EMPLOYER  OF  BUILDING
   10  SERVICE  EMPLOYEES  FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A
   11  PROPERTY MANAGEMENT COMPANY OR CONTRACTOR.
   12    (II) "Building service employee" means any  person  who  is  regularly
   13  employed  at a building who performs work in connection with the care or
   14  maintenance of such building. "Building service employee" includes,  but
   15  is  not  limited to [superintendent], watchman, guard, doorman, building
   16  cleaner, porter, handyman, janitor,  gardener,  groundskeeper,  elevator
   17  operator  and starter, and window cleaner, but shall not include persons
   18  regularly scheduled to work fewer than  eight  hours  per  week  in  the
   19  building.
   20    [(ii)  "Prevailing wage" means the wage determined by the fiscal offi-
   21  cer to be prevailing for the various classes of building service employ-
   22  ees in the locality pursuant to section two hundred thirty of the  labor
   23  law.]
   24    (III)  "FISCAL OFFICER" MEANS THE COMPTROLLER OR OTHER ANALOGOUS OFFI-
   25  CER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
   26    (b) [No benefits  under  this  section  shall  be  conferred  for  any
   27  construction  commenced on or after December twenty-eighth, two thousand
   28  seven for any tax lots now existing or hereafter  created  except  where
   29  the applicant agrees that all building service employees employed at the
   30  building,  whether employed directly by the applicant or its successors,
   31  or through a property management company or a contractor, shall  receive
   32  the  applicable  prevailing  wage for the duration of the building's tax
   33  exemption.] ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT  IN
   34  A   BUILDING   WHOSE   CONSTRUCTION   COMMENCED  ON  OR  AFTER  DECEMBER
   35  TWENTY-EIGHTH, TWO THOUSAND SEVEN SHALL RECEIVE THE APPLICABLE  PREVAIL-
   36  ING WAGE FOR THE DURATION OF BENEFITS PURSUANT TO THIS SECTION.
   37    (c)  [The limitations contained in paragraph] THE FISCAL OFFICER SHALL
   38  HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORC-
   39  ING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER:
   40    (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE  TO  DETERMINE
   41  THE  PREVAILING  WAGES  FOR  BUILDING  SERVICE EMPLOYEES; IN MAKING SUCH
   42  INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE  AND  FRINGE  BENEFIT
   43  DATA  FROM  VARIOUS  SOURCES,  INCLUDING,  BUT  NOT LIMITED TO, DATA AND
   44  DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
   45    (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE  WORK  OR
   46  ELSEWHERE;
   47    (III)  TO  EXAMINE  THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE
   48  WAGES PAID TO, AND THE HOURS OF  WORK  PERFORMED  BY,  BUILDING  SERVICE
   49  EMPLOYEES;
   50    (IV)  TO  HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE-
   51  NAS, ADMINISTER OATHS  AND  EXAMINE  WITNESSES;  THE  ENFORCEMENT  OF  A
   52  SUBPOENA  ISSUED  UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL
   53  PRACTICE LAW AND RULES;
   54    (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
   55  NIZED OCCUPATIONAL CATEGORY OF THE BUILDING  SERVICE  EMPLOYEES  AND  TO
       S. 6012                            52                            A. 8323
    1  DETERMINE  WHETHER  SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE
    2  EMPLOYEES IN SUCH CLASSIFICATION;
    3    (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
    4  OF  THE  WAGES  ACTUALLY  PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
    5  EMPLOYEES AND OF THEIR HOURS OF WORK;
    6    (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY  OR
    7  OTHER AUTHORIZED REPRESENTATIVE; AND
    8    (VIII)  TO  PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR
    9  THE  PROPER  EXECUTION  OF  THE  DUTIES,  RESPONSIBILITIES  AND   POWERS
   10  CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH.
   11    (D)  IF  THE  FISCAL  OFFICER  FINDS  THAT THE APPLICANT HAS FAILED TO
   12  COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, HE OR SHE SHALL  PRESENT
   13  EVIDENCE OF SUCH NONCOMPLIANCE TO THE LOCAL HOUSING AGENCY.
   14    (E) PARAGRAPH (b) of this subdivision shall not be applicable to:
   15    (i) projects containing less than fifty dwelling units; or
   16    (ii)  buildings  where  the  local  housing  agency  certifies that at
   17  initial occupancy at least fifty  percent  of  the  dwelling  units  are
   18  affordable  to  individuals or families with a gross household income at
   19  or below one hundred twenty-five percent of the area median  income  and
   20  that  any  such  units  which  are  located  in rental buildings will be
   21  subject to restrictions to insure that they will remain  affordable  for
   22  the entire period during which they receive benefits under this section.
   23    [(d)]  (F)  The local housing agency shall prescribe appropriate sanc-
   24  tions for failure to comply with the provisions of this subdivision.
   25    [(e)] (G) Solely for purposes of paragraph (b)  of  this  subdivision,
   26  construction shall be deemed to have commenced when excavation or alter-
   27  ation  has  begun  in  good  faith on the basis of approved construction
   28  plans.
   29    [(f)] (H) The  [limitations  on]  eligibility  CRITERIA  for  benefits
   30  contained in this subdivision shall be in addition to those contained in
   31  any other law or regulation.
   32    S  64.  Paragraph  (b)  of  subdivision 3 of section 421-m of the real
   33  property tax law, as added by section 43 of part B of chapter 97 of  the
   34  laws of 2011, is amended to read as follows:
   35    (b)  Such  construction or substantial rehabilitation was commenced on
   36  or after the effective date of the local law,  ordinance  or  resolution
   37  described  in  subdivision  one  of this section, but no later than June
   38  fifteenth, two thousand [fifteen] NINETEEN.
   39    S 64-a. The real property tax law is amended by adding a  new  section
   40  467-i to read as follows:
   41    S  467-I.  REAL  PROPERTY  TAX ABATEMENT.   AN ELIGIBLE BUILDING SHALL
   42  RECEIVE AN ABATEMENT OF REAL PROPERTY TAXES AS PROVIDED IN THIS  SECTION
   43  AND THE RULES PROMULGATED HEREUNDER.
   44    1.  THE  AMOUNT  OF SUCH TAX ABATEMENT SHALL BE DETERMINED PURSUANT TO
   45  REGULATIONS PROMULGATED BY THE COMMISSIONER OF THE STATE  DEPARTMENT  OF
   46  TAXATION  AND FINANCE.   THE VALUE OF SUCH TAX ABATEMENT SHALL BE DETER-
   47  MINED BASED UPON A FORMULA TO BE ESTABLISHED BY THE COMMISSIONER OF  THE
   48  STATE DEPARTMENT OF TAXATION AND FINANCE THAT SHALL REFLECT THE VALUE OF
   49  THE MAJOR CAPITAL IMPROVEMENT, THE ECONOMIC LOSS IMPOSED UPON A BUILDING
   50  OWNER  AS  A RESULT OF CHANGES TO THE AMORTIZATION PERIOD AUTHORIZED FOR
   51  MAJOR CAPITAL IMPROVEMENTS PURSUANT TO THIS TITLE AND SUCH OTHER FACTORS
   52  AS THE COMMISSIONER MAY ESTABLISH, INCLUDING APPROPRIATE DISCOUNT  RATES
   53  AND TIME PERIODS.
   54    2.  SUCH  TAX  ABATEMENT  SHALL  COMMENCE  ON JULY FIRST FOLLOWING THE
   55  APPROVAL OF AN APPLICATION  FOR  TAX  ABATEMENT  BY  THE  DEPARTMENT  OF
   56  FINANCE  ON  A FORM PRESCRIBED THEREBY PROVIDING THE AMOUNT OF THE MAJOR
       S. 6012                            53                            A. 8323
    1  CAPITAL IMPROVEMENT APPROVED BY THE DIVISION AND THE AMOUNT OF UNITS  IN
    2  THE ELIGIBLE BUILDING.
    3    3.  SUCH  ABATEMENT MAY NOT BE CARRIED OVER TO ANY SUBSEQUENT TAX YEAR
    4  AND SHALL NOT REDUCE OR BE OFFSET BY ANY  OTHER  TAX  BENEFIT  PROVIDED,
    5  APPROVED OR CALCULATED BY THE CITY OR THE STATE.
    6    4.  "ELIGIBLE  BUILDING" SHALL MEAN FOR THE PURPOSES OF THIS SECTION A
    7  CLASS TWO BUILDING LOCATED IN A CITY OF  A  MILLION  OR  MORE  WHICH  IS
    8  SUBJECT  TO EITHER THE EMERGENCY HOUSING RENT CONTROL LAW OR TO THE RENT
    9  AND REHABILITATION LAW OF THE CITY OF NEW YORK ENACTED PURSUANT  TO  THE
   10  EMERGENCY HOUSING RENT CONTROL LAW OR TO THE EMERGENCY TENANT PROTECTION
   11  ACT OF NINETEEN SEVENTY-FOUR.
   12    5.    WITH  RESPECT  TO  ADMINISTRATION  OF  THE TAX ABATEMENT PROGRAM
   13  AUTHORIZED IN THIS SECTION, NO LOCAL AGENCY SHALL CONSIDER OR ADOPT  ANY
   14  ELIGIBILITY  CRITERIA  THAT  ARE DIFFERENT THAN THOSE PROMULGATED BY THE
   15  STATE DEPARTMENT OF TAXATION AND FINANCE.
   16    S 65. Real property tax abatement.  An eligible building shall receive
   17  an abatement of real property taxes as provided in this section and  the
   18  rules promulgated hereunder.
   19    1. The amount of such tax abatement shall be determined by calculating
   20  fifty percent of the economic loss attributed to the building owner as a
   21  result  of changes to the amortization period as established by this act
   22  for such buildings, which  shall  be  measured  as  follows:  the  total
   23  approved  cost  of  the major capital improvement, multiplied by a frac-
   24  tion, the numerator of which is the increase, measured in months, of the
   25  amortization schedule of such improvement established by the rent act of
   26  2015, and the denominator of which is the total new amortization period,
   27  measured in months, for the major capital improvement established by the
   28  rent act of 2015 as applied to such eligible building.
   29    2. Such tax abatement shall  commence  on  July  first  following  the
   30  approval  of  an  application  for  tax  abatement  by the department of
   31  finance on a form prescribed thereby providing the amount of  the  major
   32  capital  improvement  approved by the New York state division of housing
   33  and community renewal and the amount of units in the eligible building.
   34    3. Such abatement may not be carried over to any subsequent  tax  year
   35  and  shall  not  reduce  or be offset by any other tax benefit provided,
   36  approved or calculated by the city or the state.
   37    4. "Eligible building" shall mean for the purposes of this  section  a
   38  class two building located in a city with a population of one million or
   39  more  which  is subject either to the emergency housing rent control law
   40  or to the rent and rehabilitation law of the city of  New  York  enacted
   41  pursuant  to  the emergency housing rent control law or to the emergency
   42  tenant protection act of nineteen seventy-four.
   43    5. With respect to administration of the tax abatement program author-
   44  ized herein, no local agency shall consider  or  adopt  any  eligibility
   45  criteria  that are different than those promulgated by the state depart-
   46  ment of taxation and finance.
   47    S 66. This act shall take effect immediately; and shall be  deemed  to
   48  have been in full force and effect on and after June 15, 2015; provided,
   49  however, that:
   50    (a) the amendments to chapter 4 of title 26 of the administrative code
   51  of  the  city  of  New  York  made  by  sections  ten,  twelve, sixteen,
   52  sixteen-a, twenty-three, twenty-four and twenty-nine of this  act  shall
   53  expire on the same date as such chapter expires and shall not affect the
   54  expiration of such chapter as provided under section 26-520 of such law;
   55    (b)  the amendments to the emergency tenant protection act of nineteen
   56  seventy-four made by sections eight, eleven, thirteen, sixteen-b,  twen-
       S. 6012                            54                            A. 8323
    1  ty-seven,  twenty-eight  and thirty of this act shall expire on the same
    2  date as such act expires and shall not affect the expiration of such act
    3  as provided in section 17 of chapter 576 of the laws of 1974;
    4    (c)  the  amendments to the emergency housing rent control law made by
    5  sections seven, fourteen and thirty-two of this act shall expire on  the
    6  same  date  as  such  law expires and shall not affect the expiration of
    7  such law as provided in subdivision 2 of section 1 of chapter 274 of the
    8  laws of 1946;
    9    (d) the amendments to chapter 3 of title 26 of the administrative code
   10  of the city of New York made by  sections  nine,  fifteen,  twenty-five,
   11  twenty-six  and  thirty-one  of  this act shall remain in full force and
   12  effect only as long as the public emergency requiring the regulation and
   13  control of residential rents and evictions  continues,  as  provided  in
   14  subdivision  3  of section 1 of the local emergency housing rent control
   15  act;
   16    (e) the amendments made by sections  fourteen  through  twenty-one  of
   17  this act shall not be grounds for dismissal of any owner application for
   18  deregulation  where  a notice or application for such deregulation, that
   19  is filed or served between May 1, 2015 through July 1,  2015,  used  the
   20  income and rent deregulation thresholds in effect prior to the effective
   21  date  of  such sections. Any tenant failure to respond to such notice or
   22  application because of the use of such income or deregulation thresholds
   23  shall constitute grounds to afford such tenant an additional opportunity
   24  to respond;
   25    (f) the amendments to paragraph 2 of subdivision c of  section  26-516
   26  of the administrative code of the city of New York made by section twen-
   27  ty-three  of  this act shall not affect the expiration of such paragraph
   28  and shall expire therewith when upon such date  section  twenty-four  of
   29  this act shall take effect;
   30    (g) the amendments to subparagraph (a) of paragraph 2 of subdivision b
   31  of  section  26-413  of  the administrative code of the city of New York
   32  made by section twenty-five of this act shall not affect the  expiration
   33  and  reversion of such subparagraph and shall expire therewith when upon
   34  such date the provisions of section twenty-six of this  act  shall  take
   35  effect;
   36    (h)  the  amendments to clause (ii) of paragraph 3 of subdivision a of
   37  section 12 of the emergency tenant protection act of  nineteen  seventy-
   38  four  made  by  section twenty-seven of this act shall be subject to the
   39  expiration and reversion of such clause  when  upon  such  date  section
   40  twenty-eight of this act shall take effect;
   41    (i)  the  amendments to paragraph (vi) of subdivision 1 of section 284
   42  of the multiple dwelling law made by section twenty-two-a  of  this  act
   43  shall  not  affect  the  expiration  and reversion of such paragraph and
   44  shall expire therewith;
   45    (j) the provisions of sections thirty-three, thirty-four, thirty-five,
   46  thirty-six, thirty-seven, thirty-eight, thirty-nine,  forty,  forty-one,
   47  forty-two,  forty-three, forty-four, forty-five, forty-six, forty-seven,
   48  forty-eight, forty-nine and fifty of this act shall  take  effect  imme-
   49  diately and shall be deemed to have been in full force and effect on and
   50  after June 23, 2015;
   51    (k)  the  amendments to subparagraph (A) of paragraph 7 of subdivision
   52  (ee) of section 1115 of the tax law made by section thirty-three of this
   53  act shall not affect the repeal of such subdivision and shall be  deemed
   54  repealed therewith;
   55    (l)  Provided  however  if and when the memorandum of understanding is
   56  fully executed as provided in section 63-c of this act, the  signatories
       S. 6012                            55                            A. 8323
    1  to  the memorandum shall notify the legislative bill drafting commission
    2  upon the execution of the memorandum of the understanding in order  that
    3  the  commission  may maintain an accurate and timely effective data base
    4  of the official text of the laws of the state of New York in furtherance
    5  of  effectuating the provisions of section 44 of the legislative law and
    6  section 70-b of the public officers law. Further, the  legislative  bill
    7  drafting  commission  shall notify the leadership of both the Senate and
    8  the Assembly as well as the commissioner of the division of housing  and
    9  community  renewal,  immediately  upon receipt of a memorandum of under-
   10  standing pursuant to this subdivision.
   11    (m) the provisions of sections sixty-three-k of this  act  shall  take
   12  effect  immediately  and  shall be deemed to have been in full force and
   13  effect on and after August 17, 2007; and
   14    (n) notwithstanding any other provision of law,  rule  or  regulation,
   15  any rental or homeownership project whose commencement date has occurred
   16  or that has submitted an application for benefits under section 421-a of
   17  the  real  property tax law, prior to the effective date of the rent act
   18  of 2015 shall be governed by the provision of law in effect at the  time
   19  of such application.
   20                                   PART B
   21    Section 1. This act enacts into law major components of legislation in
   22  relation  to  education.    Each  component is wholly contained within a
   23  Subpart identified as Subparts A through E. The effective date for  each
   24  particular  provision  contained within such Subpart is set forth in the
   25  last section of such Subpart. Any provision  in  any  section  contained
   26  within  a  Subpart,  including  the effective date of the Subpart, which
   27  makes a reference to a section "of this act", when  used  in  connection
   28  with that particular component, shall be deemed to mean and refer to the
   29  corresponding section of the Subpart in which it is found. Section three
   30  of this act sets forth the general effective date of this act.
   31                                  SUBPART A
   32    Section  1.  Paragraph  (a-1)  of subdivision 3 of section 2854 of the
   33  education law, as added by chapter 4 of the laws of 1998, is amended  to
   34  read as follows:
   35    (a-1)  The  board  of  trustees  of  a charter school shall employ and
   36  contract  with  necessary  teachers,  administrators  and  other  school
   37  personnel.  Such  teachers  shall  be  certified  in accordance with the
   38  requirements applicable to other public schools; provided, however, that
   39  a charter school may employ as teachers (i) uncertified teachers with at
   40  least three years of elementary, middle or secondary classroom  teaching
   41  experience; (ii) tenured or tenure track college faculty; (iii) individ-
   42  uals  with  two  years  of satisfactory experience through the Teach for
   43  America program; and (iv) individuals who possess exceptional  business,
   44  professional,  artistic,  athletic,  or  military  experience, provided,
   45  however, that such teachers described in clauses (i), (ii),  (iii),  and
   46  (iv) of this paragraph shall not in total comprise more than THE SUM OF:
   47  (A) thirty per centum of the teaching staff of a charter school, or five
   48  teachers,  whichever  is  less;  PLUS  (B) FIVE TEACHERS OF MATHEMATICS,
   49  SCIENCE, COMPUTER SCIENCE, TECHNOLOGY, OR CAREER  AND  TECHNICAL  EDUCA-
   50  TION;  PLUS (C) FIVE ADDITIONAL TEACHERS.  A teacher certified or other-
   51  wise approved by the commissioner shall not be included in the numerical
   52  limits established by the preceding sentence.
       S. 6012                            56                            A. 8323
    1    S 2. Subdivisions 9 and 9-a of section  2852  of  the  education  law,
    2  subdivision  9 as amended and subdivision 9-a as added by chapter 101 of
    3  the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter
    4  221 of the laws of 2010, paragraph (f) of subdivision 9-a as amended  by
    5  chapter 102 of the laws of 2010, are amended to read as follows:
    6    9. The total number of charters issued pursuant to this article STATE-
    7  WIDE  shall  not  exceed  four hundred sixty.   (a) [One hundred of such
    8  charters shall be issued on the recommendation  of  the  charter  entity
    9  described  in paragraph (b) of subdivision three of section twenty-eight
   10  hundred fifty-one of this article; (b)  one  hundred  of  such  charters
   11  shall  be issued on the recommendation of the other charter entities set
   12  forth in subdivision three of section twenty-eight hundred fifty-one  of
   13  this  article;  (c) up to fifty of the additional charters authorized to
   14  be issued by the chapter of the laws of two thousand seven which amended
   15  this subdivision effective July  first,  two  thousand  seven  shall  be
   16  reserved for a city school district of a city having a population of one
   17  million  or more; (d) one hundred thirty charters shall be issued by the
   18  board of regents pursuant to a competitive process  in  accordance  with
   19  subdivision  nine-a  of  this section, provided that no more than fifty-
   20  seven of such charters shall be granted to a charter for a school to  be
   21  located  in  a  city having a population of one million or more; (e) one
   22  hundred thirty charters shall be issued by the board of regents  on  the
   23  recommendation  of  the board of trustees of the state university of New
   24  York pursuant to a competitive process in  accordance  with  subdivision
   25  nine-a  of  this section, provided that no more than fifty-seven of such
   26  charters shall be granted to a charter for a school to be located  in  a
   27  city  having a population of one million or more] ALL CHARTERS ISSUED ON
   28  OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN AND COUNTED TOWARD THE  NUMER-
   29  ICAL LIMITS ESTABLISHED BY THIS SUBDIVISION SHALL BE ISSUED BY THE BOARD
   30  OF  REGENTS  UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE
   31  RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY  OF  NEW
   32  YORK  PURSUANT  TO  A COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION
   33  NINE-A OF THIS SECTION.  FIFTY OF SUCH CHARTERS ISSUED ON OR AFTER  JULY
   34  FIRST,  TWO THOUSAND FIFTEEN, AND NO MORE, SHALL BE GRANTED TO A CHARTER
   35  FOR A SCHOOL TO BE LOCATED IN A CITY HAVING A POPULATION OF ONE  MILLION
   36  OR  MORE.  The  failure  of any body to issue the regulations authorized
   37  pursuant to this article shall not affect the  authority  of  a  charter
   38  entity  to  propose  a  charter  to the board of regents or the board of
   39  regents' authority to grant such charter. A conversion  of  an  existing
   40  public  school  to  a  charter  school, or the renewal or extension of a
   41  charter APPROVED BY ANY CHARTER ENTITY, shall not be counted toward  the
   42  numerical limits established by this subdivision.
   43    (B)  A  CHARTER THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED ON OR
   44  BEFORE JULY FIRST, TWO THOUSAND FIFTEEN, INCLUDING A  CHARTER  THAT  HAS
   45  NOT BEEN RENEWED BY ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED PURSU-
   46  ANT  TO PARAGRAPH (A) OF THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER
   47  UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE  RECOMMENDA-
   48  TION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSU-
   49  ANT  TO  A  COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF
   50  THIS SECTION.  PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD
   51  THE STATEWIDE NUMERICAL  LIMIT  ESTABLISHED  BY  THIS  SUBDIVISION,  AND
   52  PROVIDED  FURTHER  THAT NO MORE THAN TWENTY-TWO CHARTERS MAY BE REISSUED
   53  PURSUANT TO THIS PARAGRAPH.
   54    (C) FOR PURPOSES OF DETERMINING THE TOTAL NUMBER  OF  CHARTERS  ISSUED
   55  WITHIN  THE  NUMERICAL  LIMITS  ESTABLISHED  BY  THIS  SUBDIVISION,  THE
   56  APPROVAL DATE OF THE CHARTER ENTITY SHALL BE THE DETERMINING FACTOR.
       S. 6012                            57                            A. 8323
    1    (D) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, ANY
    2  CHARTER AUTHORIZED TO BE ISSUED BY CHAPTER FIFTY-SEVEN OF  THE  LAWS  OF
    3  TWO  THOUSAND  SEVEN  EFFECTIVE JULY FIRST, TWO THOUSAND SEVEN, AND THAT
    4  REMAINS UNISSUED AS OF JULY FIRST, TWO THOUSAND FIFTEEN, MAY  BE  ISSUED
    5  PURSUANT  TO THE PROVISIONS OF LAW APPLICABLE TO A CHARTER AUTHORIZED TO
    6  BE ISSUED BY SUCH CHAPTER IN EFFECT AS OF JUNE FIFTEENTH,  TWO  THOUSAND
    7  FIFTEEN;  PROVIDED  HOWEVER  THAT  NOTHING  IN  THIS  PARAGRAPH SHALL BE
    8  CONSTRUED TO INCREASE THE NUMERICAL LIMIT APPLICABLE TO A CITY HAVING  A
    9  POPULATION  OF  ONE MILLION OR MORE AS PROVIDED IN PARAGRAPH (A) OF THIS
   10  SUBDIVISION, AS AMENDED BY A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
   11  WHICH ADDED THIS PARAGRAPH.
   12    9-a. (a) The board of regents is hereby  authorized  and  directed  to
   13  issue  [two]  FOUR hundred sixty charters STATEWIDE UPON EITHER APPLICA-
   14  TIONS SUBMITTED DIRECTLY TO THE BOARD OF REGENTS OR UPON THE RECOMMENDA-
   15  TION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursu-
   16  ant to a competitive request for proposals process.
   17    [(i) Commencing on August first, two thousand  ten  through  September
   18  first,  two  thousand  thirteen,  the  board of regents and the board of
   19  trustees of the state university of New York shall each issue a  request
   20  for proposals in accordance with this subdivision and this subparagraph:
   21    (1)  Each  request  for proposals to be issued by the board of regents
   22  and the board of trustees of the state university of New York on  August
   23  first, two thousand ten shall be for a maximum of thirty-two charters to
   24  be  issued for charter schools which would commence instructional opera-
   25  tion by the September of the next calendar year.
   26    (2) Each request for proposals to be issued by the  board  of  regents
   27  and the board of trustees of the state university of New York on January
   28  first,  two thousand eleven shall be for a maximum of thirty-three char-
   29  ters to be issued for charter schools which would commence instructional
   30  operation by the September of the next calendar year.
   31    (3) Each request for proposals to be issued by the  board  of  regents
   32  and the board of trustees of the state university of New York on January
   33  first, two thousand twelve shall be for a maximum of thirty-two charters
   34  to  be  issued  for  charter  schools which would commence instructional
   35  operation by the September of the next calendar year.
   36    (4) Each request for proposals to be issued by the  board  of  regents
   37  and the board of trustees of the state university of New York on Septem-
   38  ber  first, two thousand thirteen shall be for a maximum of thirty-three
   39  charters to be issued for charter schools which would commence  instruc-
   40  tional operation by the September of the next calendar year.
   41    (ii) If after September first, two thousand thirteen, either the board
   42  of  regents or the board of trustees of the state university of New York
   43  have any charters which have not yet been issued,  they  may  be  issued
   44  pursuant to requests for proposals issued in each succeeding year, with-
   45  out  limitation as to when such requests for proposals may be issued, or
   46  a limitation on the number of charters which may be issued.
   47    (iii) Notwithstanding the provisions of clauses one,  two,  three  and
   48  four of subparagraph (i) of this paragraph and subparagraph (ii) of this
   49  paragraph,  if  fewer  charters  are  issued than were requested in such
   50  request for proposals, the difference may be  added  to  the  number  of
   51  charters  requested in the request for proposals issued in each succeed-
   52  ing year.
   53    (iv)] The board of regents shall make a determination to issue a char-
   54  ter pursuant to a request for proposals no later than  December  thirty-
   55  first of each year.
       S. 6012                            58                            A. 8323
    1    (b)  The  board  of  regents  and  the  board of trustees of the state
    2  university of New York shall each develop such request for proposals  in
    3  a manner that facilitates a thoughtful review of charter school applica-
    4  tions,  considers  the  demand for charter schools by the community, and
    5  seeks  to  locate charter schools in a region or regions where there may
    6  be a lack of alternatives and access to charter  schools  would  provide
    7  new  alternatives  within  the  local public education system that would
    8  offer the greatest educational benefit to students.  Applications  shall
    9  be  evaluated  in  accordance with the criteria and objectives contained
   10  within a request for proposals. The board of regents and  the  board  of
   11  trustees  of  the  state  university  of New York shall not consider any
   12  applications which do not rigorously demonstrate that they have met  the
   13  following criteria:
   14    (i)  that  the proposed charter school would meet or exceed enrollment
   15  and retention targets, as prescribed by the  board  of  regents  or  the
   16  board of trustees of the state university of New York, as applicable, of
   17  students  with disabilities, English language learners, and students who
   18  are eligible applicants for the free and reduced  price  lunch  program.
   19  When  developing  such  targets,  the  board of regents and the board of
   20  trustees of the state university of New York, shall ensure (1) that such
   21  enrollment targets are comparable to  the  enrollment  figures  of  such
   22  categories  of  students  attending the public schools within the school
   23  district, or in a city school district in a city having a population  of
   24  one million or more inhabitants, the community school district, in which
   25  the  proposed  charter  school  would  be  located;  and  (2)  that such
   26  retention targets are comparable to the rate of retention of such  cate-
   27  gories  of  students  attending  the  public  schools  within the school
   28  district, or in a city school district in a city having a population  of
   29  one million or more inhabitants, the community school district, in which
   30  the proposed charter school would be located; and
   31    (ii)  that  the applicant has conducted public outreach, in conformity
   32  with a thorough and meaningful public review process prescribed  by  the
   33  board  of  regents  and the board of trustees of the state university of
   34  New York, to solicit community  input  regarding  the  proposed  charter
   35  school  and  to  address  comments  received from the impacted community
   36  concerning the educational and programmatic needs of students.
   37    (c) The board of regents and  the  board  of  trustees  of  the  state
   38  university of New York shall grant priority based on a scoring rubric to
   39  those  applications  that  best  demonstrate  how  they will achieve the
   40  following objectives, and any additional objectives the board of regents
   41  and the board of trustees of the  state  university  of  New  York,  may
   42  prescribe:
   43    (i)  increasing student achievement and decreasing student achievement
   44  gaps in reading/language arts and mathematics;
   45    (ii) increasing high school graduation rates and focusing  on  serving
   46  specific  high school student populations including, but not limited to,
   47  students at risk of not obtaining a  high  school  diploma,  re-enrolled
   48  high  school  drop-outs,  and  students with academic skills below grade
   49  level;
   50    (iii) focusing on the academic achievement of middle  school  students
   51  and preparing them for a successful transition to high school;
   52    (iv)   utilizing   high-quality  assessments  designed  to  measure  a
   53  student's knowledge, understanding of, and ability  to  apply,  critical
   54  concepts through the use of a variety of item types and formats;
   55    (v)  increasing  the  acquisition, adoption, and use of local instruc-
   56  tional improvement systems that provide teachers, principals, and admin-
       S. 6012                            59                            A. 8323
    1  istrators with the information and resources they  need  to  inform  and
    2  improve  their  instructional  practices,  decision-making,  and overall
    3  effectiveness;
    4    (vi)  partnering  with  low  performing  public schools in the area to
    5  share best educational practices and innovations;
    6    (vii) demonstrating the management and leadership techniques necessary
    7  to overcome initial start-up problems to establish  a  thriving,  finan-
    8  cially viable charter school;
    9    (viii)  demonstrating  the support of the school district in which the
   10  proposed charter school will be located and the intent to  establish  an
   11  ongoing relationship with such school district.
   12    (d)  No  later  than  November  first,  two  thousand ten, and of each
   13  succeeding year, after a thorough review of applications  received,  the
   14  board  of  trustees  of the state university of New York shall recommend
   15  for approval to the board of regents the qualified applications that  it
   16  has  determined rigorously demonstrate the criteria and best satisfy the
   17  objectives contained within a request for proposals, along with support-
   18  ing documentation outlining such determination.
   19    (e) Upon receipt of a proposed charter to be issued pursuant  to  this
   20  subdivision  submitted  by a charter entity, the board of regents or the
   21  board of trustees of the state university of  New  York,  shall  review,
   22  recommend and issue, as applicable, such charters in accordance with the
   23  standards established in this subdivision.
   24    (f)  The board of regents shall be the only entity authorized to issue
   25  a charter pursuant to this article. The board of regents shall  consider
   26  applications submitted directly to the board of regents and applications
   27  recommended  by  the  board  of  trustees of the state university of New
   28  York. Provided, however, that all such recommended applications shall be
   29  deemed approved and issued pursuant to the  provisions  of  subdivisions
   30  five, five-a and five-b of this section.
   31    (g)  Each application submitted in response to a request for proposals
   32  pursuant to this subdivision shall also meet  the  application  require-
   33  ments  set  out in this article and any other applicable laws, rules and
   34  regulations.
   35    (h) During the development of a request for proposals pursuant to this
   36  subdivision the board of regents and the board of trustees of the  state
   37  university  of  New  York shall each afford the public an opportunity to
   38  submit comments and shall review and consider the comments raised by all
   39  interested parties.
   40    S 3. Paragraph (b) of subdivision 2 of section 2854 of  the  education
   41  law,  as  amended by chapter 101 of the laws of 2010, is amended to read
   42  as follows:
   43    (b) Any child who is qualified under the laws of this state for admis-
   44  sion to a public school is qualified for admission to a charter  school.
   45  Applications  for  admission to a charter school shall be submitted on a
   46  uniform application form created by the department  and  shall  be  made
   47  available  by  a charter school in languages predominately spoken in the
   48  community in which such charter school  is  located.  The  school  shall
   49  enroll  each  eligible  student  who submits a timely application by the
   50  first day of April each year, unless the number of applications  exceeds
   51  the  capacity  of  the  grade level or building. In such cases, students
   52  shall be accepted from among applicants by a random  selection  process,
   53  provided,  however,  that  an enrollment preference shall be provided to
   54  pupils returning to the charter school in the second or  any  subsequent
   55  year  of  operation  and pupils residing in the school district in which
   56  the charter school is located, and siblings of pupils  already  enrolled
       S. 6012                            60                            A. 8323
    1  in  the  charter  school. PREFERENCE MAY ALSO BE PROVIDED TO CHILDREN OF
    2  EMPLOYEES OF THE CHARTER  SCHOOL  OR  CHARTER  MANAGEMENT  ORGANIZATION,
    3  PROVIDED  THAT  SUCH  CHILDREN  OF EMPLOYEES MAY CONSTITUTE NO MORE THAN
    4  FIFTEEN  PERCENT  OF  THE CHARTER SCHOOL'S TOTAL ENROLLMENT. The commis-
    5  sioner shall establish regulations to require that the random  selection
    6  process conducted pursuant to this paragraph be performed in a transpar-
    7  ent  and  equitable manner and to require that the time and place of the
    8  random selection process be publicized in a manner consistent  with  the
    9  requirements  of section one hundred four of the public officers law and
   10  be open to the public. For the purposes of this paragraph and  paragraph
   11  (a) of this subdivision, the school district in which the charter school
   12  is  located  shall mean, for the city school district of the city of New
   13  York, the community district in which the charter school is located.
   14    S 4. This act shall take effect immediately.
   15                                  SUBPART B
   16    Section  1.    The  sum  of  two   hundred   fifty   million   dollars
   17  ($250,000,000)  is hereby appropriated to the state education department
   18  out of any moneys in the state treasury in the general fund to the cred-
   19  it of the local assistance account, not otherwise appropriated, and made
   20  immediately available, for reimbursement to non-public schools for prior
   21  year expenses for performing state-mandated functions, including but not
   22  limited  to  the  comprehensive  attendance  policy  program.  Provided,
   23  further,  that  up to twenty million dollars ($20,000,000) of the amount
   24  appropriated herein shall be available to pay additional liabilities  of
   25  the  comprehensive attendance policy program for the 2013-14 and 2014-15
   26  school years.  Notwithstanding any inconsistent provision of law,  funds
   27  appropriated  herein  shall be used for such reimbursement in accordance
   28  with a methodology recommended  by  the  commissioner  of  education  to
   29  address prior year expenses of non-public schools for such state-mandat-
   30  ed  functions.  Such moneys shall be payable on the audit and warrant of
   31  the comptroller on vouchers certified or approved by the director of the
   32  budget as submitted by the  commissioner  of  education  in  the  manner
   33  prescribed  by  law. Notwithstanding section 40 of the state finance law
   34  or any provision of law to the contrary, this appropriation shall  lapse
   35  on March 31, 2017.
   36    S 2. This act shall take effect immediately.
   37                                  SUBPART C
   38    Section 1. Section 305 of the education law is amended by adding a new
   39  subdivision 51-a to read as follows:
   40    51-A.  ON  OR  BEFORE  JUNE FIRST, TWO THOUSAND FIFTEEN, AND EACH YEAR
   41  THEREAFTER, THE COMMISSIONER SHALL  RELEASE  THE  TEST  QUESTIONS,  TEST
   42  ANSWERS, AND CORRESPONDING CORRECT ANSWERS FROM EACH OF THE MOST RECENT-
   43  LY  ADMINISTERED  ENGLISH  LANGUAGE ARTS AND MATHEMATICS EXAMINATIONS IN
   44  GRADES THREE THROUGH EIGHT OF THAT YEAR. THE COMMISSIONER MAY LIMIT  THE
   45  NUMBER OF QUESTIONS AND ANSWERS RELEASED ONLY TO THE EXTENT NECESSARY TO
   46  AVOID  HINDERING  OR IMPAIRING THE VALIDITY AND/OR RELIABILITY OF FUTURE
   47  EXAMINATIONS AND MUST PROVIDE ENOUGH OF AN OVERVIEW OF EACH  EXAMINATION
   48  SO  THAT  TEACHERS, ADMINISTRATORS, PRINCIPALS, PARENTS AND STUDENTS CAN
   49  BE PROVIDED WITH SUFFICIENT FEEDBACK ON THE TYPES OF QUESTIONS  ADMINIS-
   50  TERED  AND, BY JULY FIRST, TWO THOUSAND FIFTEEN, AND EACH YEAR THEREAFT-
   51  ER, THE COMMISSIONER SHALL RELEASE THE GENERAL STUDENT SUCCESS  RATE  IN
   52  ANSWERING SUCH QUESTIONS CORRECTLY.
       S. 6012                            61                            A. 8323
    1    S   2.  The  sum  of  eight  million  four  hundred  thousand  dollars
    2  ($8,400,000), or so much thereof as may be necessary, is  hereby  appro-
    3  priated  to  the  department of education out of any moneys in the state
    4  treasury in the general  fund  to  the  credit  of  the  state  purposes
    5  account, not otherwise appropriated, and made immediately available, for
    6  the  purpose  of  carrying  out  the  provisions  of subdivision 51-a of
    7  section 305 of the education law, as added by section one of  this  act,
    8  and  in  order  to  create  and  print  more forms of state standardized
    9  assessments in order to  eliminate  stand-alone  multiple  choice  field
   10  tests  and  release a significant amount of test questions.  Such moneys
   11  shall be payable on the audit and warrant of the comptroller on vouchers
   12  certified or approved by the division of the budget as submitted by  the
   13  commissioner of education in the manner prescribed by law.
   14    S  3. Subparagraph 1 of paragraph a of subdivision 4 of section 3012-d
   15  of the education law, as added by section 2 of subpart E of part  EE  of
   16  chapter 56 of the laws of 2015, is amended to read as follows:
   17    (1) For the first subcomponent, (A) for a teacher whose course ends in
   18  a state-created or administered test for which there is a state-provided
   19  growth  model,  such  teacher  shall  have a state-provided growth score
   20  based on such model, WHICH SHALL TAKE INTO CONSIDERATION CERTAIN STUDENT
   21  CHARACTERISTICS, AS DETERMINED BY THE COMMISSIONER,  INCLUDING  BUT  NOT
   22  LIMITED TO STUDENTS WITH DISABILITIES, POVERTY, ENGLISH LANGUAGE LEARNER
   23  STATUS  AND  PRIOR  ACADEMIC  HISTORY AND WHICH SHALL IDENTIFY EDUCATORS
   24  WHOSE STUDENTS' GROWTH IS WELL ABOVE OR WELL BELOW AVERAGE  COMPARED  TO
   25  SIMILAR  STUDENTS  FOR  A  TEACHER'S  OR  PRINCIPAL'S STUDENTS AFTER THE
   26  CERTAIN STUDENT CHARACTERISTICS ABOVE ARE TAKEN INTO  ACCOUNT;  and  (B)
   27  for  a  teacher whose course does not end in a state-created or adminis-
   28  tered test such teacher shall have a student  learning  objective  (SLO)
   29  consistent  with  a  goal-setting process determined or developed by the
   30  commissioner, that results in a student growth score; provided that, for
   31  any teacher whose course ends in a state-created or administered assess-
   32  ment for which there is no state-provided growth model, such  assessment
   33  must be used as the underlying assessment for such SLO;
   34    S  4.  Section  305  of the education law is amended by adding two new
   35  subdivisions 53 and 54 to read as follows:
   36    53.   THE COMMISSIONER IS  AUTHORIZED  AND  DIRECTED  TO  ESTABLISH  A
   37  CONTENT  REVIEW COMMITTEE FOR THE PURPOSES OF REVIEWING ALL STANDARDIZED
   38  TEST ITEMS AND/OR SELECTED PASSAGES USED ON ENGLISH  LANGUAGE  ARTS  AND
   39  MATHEMATICS  STATE ASSESSMENTS FOR GRADES THREE THROUGH EIGHT TO ENSURE:
   40  (A) THEY ARE GRADE LEVEL APPROPRIATE, IN GENERAL; (B) THEY ARE PRESENTED
   41  AT A READABILITY LEVEL THAT IS GRADE-LEVEL  APPROPRIATE;  (C)  THEY  ARE
   42  WITHIN  GRADE-LEVEL EXPECTATIONS; AND (D) THEY APPROPRIATELY MEASURE THE
   43  LEARNING STANDARDS APPROVED BY THE BOARD OF REGENTS APPLICABLE  TO  SUCH
   44  SUBJECT  AND/OR GRADE LEVEL. THE REVIEW OF SUCH ITEMS AND PASSAGES SHALL
   45  BE CONDUCTED PRIOR TO THEIR USE IN SUCH  ASSESSMENTS  PROVIDED  HOWEVER,
   46  FOR  THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR ONLY, IF
   47  SUCH REQUIREMENT WOULD PREVENT THE ABILITY OF  SUCH  ASSESSMENTS  TO  BE
   48  ADMINISTERED,  THEN ITEMS OR PASSAGES THAT HAVE NOT BEEN REVIEWED MAY BE
   49  USED. PROVIDED FURTHER, THE CONTENT REVIEW COMMITTEE  SHALL  REVIEW  ANY
   50  NEW  STANDARDIZED TEST ITEMS AND/OR SELECTED PASSAGES PRIOR TO THEIR USE
   51  IN SUCH ASSESSMENTS.  SUCH COMMITTEE SHALL ALSO ENSURE THAT ANY NEW TEST
   52  ITEMS AND/OR SELECTED PASSAGES ARE FAIR AND  APPROPRIATELY  MEASURE  THE
   53  LEARNING  STANDARDS  APPROVED BY THE BOARD OF REGENTS APPLICABLE TO SUCH
   54  SUBJECT AND/OR GRADE LEVEL.   SUCH  COMMITTEE  SHALL  ALSO  ENSURE  THAT
   55  ADEQUATE  AND  APPROPRIATE  TIME  IS  GIVEN TO STUDENTS FOR THE ADMINIS-
   56  TRATION  OF  SUCH  ASSESSMENTS,  PROVIDED   HOWEVER   THAT   SUBDIVISION
       S. 6012                            62                            A. 8323
    1  FORTY-NINE  OF  THIS  SECTION MUST BE COMPLIED WITH.  THE CONTENT REVIEW
    2  COMMITTEE SHALL INCLUDE CLASSROOM TEACHERS AND EXPERIENCED EDUCATORS  IN
    3  THE  CONTENT  AREA  AND/OR  GRADE  LEVEL  OF  THE  ITEMS/PASSAGES  BEING
    4  REVIEWED,  INCLUDING  TEACHERS OF STUDENTS WITH DISABILITIES AND ENGLISH
    5  LANGUAGE LEARNERS.
    6    54. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO  THE  CONTRARY,  NO
    7  TEACHER, PRINCIPAL, OR SUPERINTENDENT SHALL BE REQUIRED TO SIGN A CONFI-
    8  DENTIALITY  AGREEMENT  WITH  THEIR  RESPECTIVE SCHOOL DISTRICT, BOARD OF
    9  COOPERATIVE EDUCATIONAL SERVICES, OR THE DEPARTMENT THAT  PREVENTS  SUCH
   10  TEACHER,  PRINCIPAL,  OR  SUPERINTENDENT FROM DISCUSSING THE CONTENTS OF
   11  ANY ITEMS ON THE ENGLISH LANGUAGE ARTS AND  MATHEMATICS  ASSESSMENTS  IN
   12  GRADES  THREE  THROUGH  EIGHT AFTER SUCH ITEMS HAVE BEEN RELEASED BY THE
   13  DEPARTMENT PURSUANT TO SUBDIVISION FIFTY-ONE-A OF THIS SECTION OR  AFTER
   14  SUCH  ITEMS  HAVE  BEEN  PUBLICLY  DISCLOSED  BY THE DEPARTMENT OR OTHER
   15  APPROPRIATE ENTITY.   THE COMMISSIONER SHALL  AMEND  AND/OR  MODIFY  ANY
   16  CURRENT CONFIDENTIALITY AGREEMENT INCONSISTENT WITH THIS SUBDIVISION AND
   17  SHALL PROMULGATE REGULATIONS CONSISTENT WITH THIS SUBDIVISION.
   18    S 5. Notwithstanding any other provision of law, rule or regulation to
   19  the  contrary,  any  previously  entered  into contract by the education
   20  department related to standardized test items and/or passages for use on
   21  state assessments in grades three through  eight  shall  be  amended  to
   22  incorporate  the provisions of section four of this act and any required
   23  approval of such contract amendments by a state agency  shall  be  expe-
   24  dited to ensure compliance with section four of this act.
   25    S  6.  The  commissioner  of  education  shall conduct a comprehensive
   26  review of the education standards administered by  the  state  education
   27  department  and  seek  input from education stakeholders when conducting
   28  such review. This review shall be completed on or before June 30,  2016,
   29  provided  however,  such  review may be extended upon a determination of
   30  the commissioner if he or she feels more time is needed.
   31    S 7. This act shall take effect immediately; provided,  however,  that
   32  nothing  in  this act shall prevent or impair the commissioner of educa-
   33  tion from complying with the provisions of section one of this act prior
   34  to its effective date and provided  further  that  the  commissioner  of
   35  education shall have thirty days from such effective date to comply with
   36  the  provisions  of  section  one of this act; and provided further that
   37  section four of this act shall take effect December 1, 2015.
   38                                  SUBPART D
   39    Section 1. Section 34 of chapter 91 of the laws of 2002  amending  the
   40  education  law and other laws relating to reorganization of the New York
   41  city school construction authority, board  of  education  and  community
   42  boards,  as  amended  by  chapter 345 of the laws of 2009, is amended to
   43  read as follows:
   44    S 34. This act shall take effect July 1, 2002; provided, that sections
   45  one through twenty, twenty-four, and twenty-six through thirty  of  this
   46  act  shall  expire and be deemed repealed [June 30, 2015] JUNE 30, 2016;
   47  provided, further, that notwithstanding any provision of  article  5  of
   48  the  general  construction  law,  on  [June  30, 2015] JUNE 30, 2016 the
   49  provisions of subdivisions 3, 5, and 8, paragraph b of  subdivision  13,
   50  subdivision  14,  paragraphs b, d, and e of subdivision 15, and subdivi-
   51  sions 17 and 21 of section 2554 of the  education  law  as  repealed  by
   52  section three of this act, subdivision 1 of section 2590-b of the educa-
   53  tion law as repealed by section six of this act, paragraph (a) of subdi-
   54  vision  2  of section 2590-b of the education law as repealed by section
       S. 6012                            63                            A. 8323
    1  seven of this act, section 2590-c of the education law  as  repealed  by
    2  section  eight  of  this  act,  paragraph  c of subdivision 2 of section
    3  2590-d of the education law as repealed by section  twenty-six  of  this
    4  act, subdivision 1 of section 2590-e of the education law as repealed by
    5  section  twenty-seven  of  this act, subdivision 28 of section 2590-h of
    6  the education law as repealed  by  section  twenty-eight  of  this  act,
    7  subdivision  30  of  section  2590-h of the education law as repealed by
    8  section twenty-nine of this act, subdivision 30-a of section  2590-h  of
    9  the  education  law  as  repealed by section thirty of this act shall be
   10  revived and be read as such provisions existed in law on the date  imme-
   11  diately  preceding  the  effective  date of this act; provided, however,
   12  that sections seven and eight of this act shall take effect on  November
   13  30,  2003;  provided  further  that  the amendments to subdivision 25 of
   14  section 2554 of the education law made by section two of this act  shall
   15  be  subject to the expiration and reversion of such subdivision pursuant
   16  to section 12 of chapter 147 of the laws of 2001, as amended, when  upon
   17  such date the provisions of section four of this act shall take effect.
   18    S  2.  Subdivision 12 of section 17 of chapter 345 of the laws of 2009
   19  amending the education law and other laws relating to the New York  city
   20  board of education, chancellor, community councils, and community super-
   21  intendents, is amended to read as follows:
   22    12. any provision in sections one, two, three, four, five, six, seven,
   23  eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
   24  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
   25  section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
   26  and be deemed repealed [June 30, 2015] JUNE 30, 2016.
   27    S 3. This act shall take effect immediately.
   28                                  SUBPART E
   29    Section  1. Subdivision 2 of section 11 of the domestic relations law,
   30  as amended by chapter 264 of the laws of 1996, is  amended  to  read  as
   31  follows:
   32    2. [A] THE CURRENT OR A FORMER GOVERNOR, A mayor of a village, a coun-
   33  ty  executive of a county, or a mayor, recorder, city magistrate, police
   34  justice or police magistrate of a city, a former mayor or the city clerk
   35  of a city of the first class of over one million inhabitants or  any  of
   36  his  or her deputies or not more than four regular clerks, designated by
   37  him or her for such purpose as provided  in  section  eleven-a  of  this
   38  [chapter]  ARTICLE,  except  that  in cities which contain more than one
   39  hundred thousand and less than one million inhabitants, a marriage shall
   40  be solemnized by the mayor, or police justice, and by no  other  officer
   41  of  such  city, except as provided in subdivisions one and three of this
   42  section.
   43    S 2. This act shall take effect immediately.
   44    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   45  sion, section or part of this act shall be  adjudged  by  any  court  of
   46  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   47  impair, or invalidate the remainder thereof, but shall  be  confined  in
   48  its  operation  to the clause, sentence, paragraph, subdivision, section
   49  or part thereof directly involved in the controversy in which such judg-
   50  ment shall have been rendered. It is hereby declared to be the intent of
   51  the legislature that this act would  have  been  enacted  even  if  such
   52  invalid provisions had not been included herein.
       S. 6012                            64                            A. 8323
    1    S  3.  This  act shall take effect immediately provided, however, that
    2  the applicable effective date of Subparts A through E of this act  shall
    3  be as specifically set forth in the last section of such Subparts.
    4                                   PART C
    5    Section 1. This act enacts into law major components of legislation in
    6  relation  to taxes.  Each component is wholly contained within a Subpart
    7  identified as Subparts A through H. The effective date for each  partic-
    8  ular  provision  contained  within such Subpart is set forth in the last
    9  section of such Subpart. Any provision in any section contained within a
   10  Subpart, including the effective date of  the  Subpart,  which  makes  a
   11  reference  to a section "of this act", when used in connection with that
   12  particular component, shall be deemed to mean and refer  to  the  corre-
   13  sponding  section  of the Subpart in which it is found. Section three of
   14  this act sets forth the general effective date of this act.
   15                                  SUBPART A
   16                           Intentionally omitted.
   17                                  SUBPART B
   18    Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
   19  subsection (n-1) to read as follows:
   20    (N-1) PROPERTY TAX RELIEF CREDIT. (1) AN INDIVIDUAL TAXPAYER WHO MEETS
   21  THE  ELIGIBILITY  STANDARDS IN PARAGRAPH TWO OF THIS SUBSECTION SHALL BE
   22  ALLOWED A CREDIT AGAINST THE TAXES IMPOSED BY THIS ARTICLE IN THE AMOUNT
   23  SPECIFIED IN PARAGRAPH THREE OF THIS SUBSECTION FOR TAX YEARS TWO  THOU-
   24  SAND  SIXTEEN,  TWO  THOUSAND  SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
   25  THOUSAND NINETEEN.
   26    (2) (A) TO BE ELIGIBLE FOR THE  CREDIT,  THE  TAXPAYER  (OR  TAXPAYERS
   27  FILING  JOINT  RETURNS)  ON THE PERSONAL INCOME TAX RETURN FILED FOR THE
   28  TAXABLE YEAR TWO YEARS PRIOR, MUST HAVE (I) BEEN A RESIDENT, (II)  OWNED
   29  AND  PRIMARILY  RESIDED  IN  REAL  PROPERTY RECEIVING THE STAR EXEMPTION
   30  AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY  TAX
   31  LAW,  AND  (III)  HAD QUALIFIED GROSS INCOME NO GREATER THAN TWO HUNDRED
   32  SEVENTY-FIVE THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT NO  CREDIT  SHALL
   33  BE ALLOWED IF ANY OF THE FOLLOWING APPLY:
   34    (I) SUCH PROPERTY IS LOCATED IN AN INDEPENDENT SCHOOL DISTRICT THAT IS
   35  SUBJECT  TO THE PROVISIONS OF SECTION TWO THOUSAND TWENTY-THREE-A OF THE
   36  EDUCATION LAW AND THAT HAS ADOPTED A BUDGET IN EXCESS OF  THE  TAX  LEVY
   37  LIMIT  PRESCRIBED  BY THAT SECTION. TO RENDER ITS TAXPAYERS ELIGIBLE FOR
   38  THE CREDIT AUTHORIZED BY  THIS  SUBSECTION,  THE  SCHOOL  DISTRICT  MUST
   39  CERTIFY ITS COMPLIANCE WITH SUCH TAX LEVY LIMIT IN THE MANNER PRESCRIBED
   40  BY  SUBDIVISION TWO OF SECTION TWO THOUSAND TWENTY-THREE-B OF THE EDUCA-
   41  TION LAW.
   42    (II) SUCH PROPERTY IS LOCATED  IN  A  CITY  WITH  A  DEPENDENT  SCHOOL
   43  DISTRICT  THAT  IS  SUBJECT  TO THE PROVISIONS OF SECTION THREE-C OF THE
   44  GENERAL MUNICIPAL LAW AND THAT HAS ADOPTED A BUDGET IN EXCESS OF THE TAX
   45  LEVY LIMIT PRESCRIBED BY THAT SECTION. TO RENDER ITS TAXPAYERS  ELIGIBLE
   46  FOR  THE CREDIT AUTHORIZED BY THIS SUBSECTION, THE CITY MUST CERTIFY ITS
   47  COMPLIANCE WITH SUCH TAX LEVY LIMIT IN THE MANNER PRESCRIBED BY SUBDIVI-
   48  SION TWO OF SECTION THREE-D OF THE GENERAL MUNICIPAL LAW.
   49    (III) SUCH PROPERTY IS LOCATED IN THE CITY OF NEW YORK.
       S. 6012                            65                            A. 8323
    1    (3) AMOUNT OF CREDIT. (A) FOR THE TWO THOUSAND  SIXTEEN  TAXABLE  YEAR
    2  (I)  FOR  A TAXPAYER RESIDING IN REAL PROPERTY LOCATED WITHIN THE METRO-
    3  POLITAN COMMUTER TRANSPORTATION DISTRICT (MCTD) AND OUTSIDE THE CITY  OF
    4  NEW  YORK,  THE  AMOUNT OF THE CREDIT SHALL BE $130; (II) FOR A TAXPAYER
    5  RESIDING  IN  REAL  PROPERTY LOCATED OUTSIDE THE MCTD, THE AMOUNT OF THE
    6  CREDIT SHALL BE $185.
    7    (B) FOR THE TWO THOUSAND SEVENTEEN,  TWO  THOUSAND  EIGHTEEN  AND  TWO
    8  THOUSAND  NINETEEN TAXABLE YEARS (I) FOR A TAXPAYER WHO OWNED AND PRIMA-
    9  RILY RESIDED IN REAL PROPERTY RECEIVING THE BASIC  STAR  EXEMPTION,  THE
   10  AMOUNT  OF  THE  CREDIT SHALL EQUAL THE STAR TAX SAVINGS ASSOCIATED WITH
   11  SUCH BASIC STAR EXEMPTION, MULTIPLIED BY THE FOLLOWING PERCENTAGE:
   12    (A) FOR THE TWO THOUSAND SEVENTEEN TAXABLE YEAR:
   13  QUALIFIED GROSS INCOME                  PERCENTAGE
   14  NOT OVER $75,000                        28%
   15  OVER $75,000 BUT NOT OVER $150,000      20.5%
   16  OVER $150,000 BUT NOT OVER $200,000     13%
   17  OVER $200,000 BUT NOT OVER $275,000     5.5%
   18  OVER $275,000                           NO CREDIT
   19    (B) FOR THE TWO THOUSAND EIGHTEEN TAXABLE YEAR:
   20  QUALIFIED GROSS INCOME                  PERCENTAGE
   21  NOT OVER $75,000                        60%
   22  OVER $75,000 BUT NOT OVER $150,000      42.5%
   23  OVER $150,000 BUT NOT OVER $200,000     25%
   24  OVER $200,000 BUT NOT OVER $275,000     7.5%
   25  OVER $275,000                           NO CREDIT
   26    (C) FOR THE TWO THOUSAND NINETEEN TAXABLE YEAR:
   27  QUALIFIED GROSS INCOME                  PERCENTAGE
   28  NOT OVER $75,000                        85%
   29  OVER $75,000 BUT NOT OVER $150,000      60%
   30  OVER $150,000 BUT NOT OVER $200,000     35%
   31  OVER $200,000 BUT NOT OVER $275,000     10%
   32  OVER $275,000                           NO CREDIT
   33    (C) FOR A TAXPAYER WHO OWNED AND PRIMARILY RESIDED  IN  REAL  PROPERTY
   34  RECEIVING  THE  ENHANCED  STAR EXEMPTION, THE AMOUNT OF THE CREDIT SHALL
   35  EQUAL THE STAR TAX SAVINGS ASSOCIATED WITH SUCH ENHANCED STAR EXEMPTION,
   36  MULTIPLIED BY THE FOLLOWING PERCENTAGE:
   37  TAXABLE YEAR                            PERCENTAGE
   38  TWO THOUSAND SEVENTEEN                  12%
   39  TWO THOUSAND EIGHTEEN                   26%
   40  TWO THOUSAND NINETEEN                   34%
   41    (D) IN NO CASE MAY  THE  AMOUNT  OF  THE  CREDIT  ALLOWED  UNDER  THIS
   42  SUBSECTION  EXCEED  THE  SCHOOL  DISTRICT  TAXES DUE WITH RESPECT TO THE
   43  RESIDENCE FOR THAT SCHOOL YEAR.
   44    (4) FOR PURPOSES OF THIS SUBSECTION:
   45    (A) "QUALIFIED GROSS INCOME" MEANS THE ADJUSTED GROSS  INCOME  OF  THE
   46  QUALIFIED  TAXPAYER  FOR THE TAXABLE YEAR AS REPORTED FOR FEDERAL INCOME
   47  TAX PURPOSES, OR WHICH WOULD BE REPORTED AS ADJUSTED GROSS INCOME  IF  A
   48  FEDERAL INCOME TAX RETURN WERE REQUIRED TO BE FILED. IN COMPUTING QUALI-
   49  FIED  GROSS  INCOME, THE NET AMOUNT OF LOSS REPORTED ON FEDERAL SCHEDULE
   50  C, D, E, OR F SHALL NOT EXCEED THREE THOUSAND DOLLARS PER  SCHEDULE.  IN
   51  ADDITION,  THE  NET  AMOUNT OF ANY OTHER SEPARATE CATEGORY OF LOSS SHALL
   52  NOT EXCEED THREE THOUSAND DOLLARS. THE AGGREGATE AMOUNT  OF  ALL  LOSSES
   53  INCLUDED  IN  COMPUTING  QUALIFIED GROSS INCOME SHALL NOT EXCEED FIFTEEN
   54  THOUSAND DOLLARS.
   55    (B) "STAR TAX SAVINGS" MEANS THE TAX SAVINGS ATTRIBUTABLE TO THE BASIC
   56  OR ENHANCED STAR EXEMPTION, WHICHEVER IS APPLICABLE, WITHIN A PORTION OF
       S. 6012                            66                            A. 8323
    1  A SCHOOL DISTRICT, AS DETERMINED BY THE COMMISSIONER PURSUANT TO  SUBDI-
    2  VISION  TWO  OF  SECTION THIRTEEN HUNDRED SIX-A OF THE REAL PROPERTY TAX
    3  LAW.
    4    (C)  "METROPOLITAN  COMMUTER  TRANSPORTATION DISTRICT" OR "MCTD" MEANS
    5  THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN  SECTION
    6  TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
    7    (5)  IF  THE  AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION SHALL
    8  EXCEED THE TAXPAYER'S TAX FOR THE TAXABLE  YEAR,  THE  EXCESS  SHALL  BE
    9  TREATED  AS  AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
   10  ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
   11  CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. FOR EACH
   12  YEAR THIS CREDIT IS ALLOWED, ON OR  BEFORE  OCTOBER  FIFTEENTH  OF  SUCH
   13  YEAR,  OR  AS  SOON THEREAFTER AS IS PRACTICABLE, THE COMMISSIONER SHALL
   14  DETERMINE THE TAXPAYER'S  ELIGIBILITY  FOR  THIS  CREDIT  UTILIZING  THE
   15  INFORMATION  AVAILABLE  TO  THE  COMMISSIONER ON THE TAXPAYER'S PERSONAL
   16  INCOME TAX RETURN FILED FOR THE TAXABLE YEAR  TWO  YEARS  PRIOR  TO  THE
   17  TAXABLE  YEAR  IN  WHICH THE CREDIT IS ALLOWED. FOR THOSE TAXPAYERS WHOM
   18  THE COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS  CREDIT,  THE  COMMIS-
   19  SIONER  SHALL  ADVANCE  A  PAYMENT  IN THE AMOUNT SPECIFIED IN PARAGRAPH
   20  THREE OF THIS SUBSECTION, WHICH PAYMENT SHALL BE ISSUED, TO THE GREATEST
   21  EXTENT PRACTICABLE, BY OCTOBER THIRTY-FIRST OF EACH YEAR THE  CREDIT  IS
   22  ALLOWED.    A TAXPAYER WHO HAS FAILED TO RECEIVE AN ADVANCE PAYMENT THAT
   23  HE OR SHE BELIEVES WAS DUE TO HIM OR HER, OR WHO HAS RECEIVED AN ADVANCE
   24  PAYMENT THAT HE OR SHE BELIEVES IS LESS THAN THE AMOUNT THAT WAS DUE  TO
   25  HIM  OR  HER,  MAY REQUEST PAYMENT OF THE CLAIMED DEFICIENCY IN A MANNER
   26  PRESCRIBED BY THE COMMISSIONER.
   27    (6) A TAXPAYER SHALL NOT BE ELIGIBLE FOR THE CREDIT ALLOWED UNDER THIS
   28  SUBSECTION IF THE SCHOOL DISTRICT TAXES LEVIED UPON THE RESIDENCE DURING
   29  THE TAXABLE YEAR REMAIN UNPAID SIXTY DAYS AFTER THE LAST DATE  ON  WHICH
   30  THEY  COULD  HAVE BEEN PAID WITHOUT INTEREST, OR IN THE CASE OF A SCHOOL
   31  DISTRICT WHERE SUCH TAXES ARE PAYABLE IN  INSTALLMENTS,  IF  SUCH  TAXES
   32  REMAIN UNPAID SIXTY DAYS AFTER THE LAST DATE ON WHICH THE FINAL INSTALL-
   33  MENT  COULD  HAVE BEEN PAID WITHOUT INTEREST. IF THE TAXES REMAIN UNPAID
   34  ON SUCH SIXTIETH DAY, THE AMOUNT OF CREDIT CLAIMED BY THE TAXPAYER UNDER
   35  THIS SUBSECTION OR THE AMOUNT OF ADVANCE PAYMENT OF CREDIT  RECEIVED  BY
   36  THE  TAXPAYER  PURSUANT  TO  PARAGRAPH  FIVE OF THIS SUBSECTION SHALL BE
   37  ADDED BACK AS TAX ON THE INCOME TAX RETURN FOR THE TAXABLE YEAR IN WHICH
   38  SUCH SIXTIETH DAY OCCURS.
   39    (7) ONLY ONE CREDIT PER RESIDENCE SHALL BE ALLOWED  PER  TAXABLE  YEAR
   40  UNDER  THIS SUBSECTION. WHEN TWO OR MORE MEMBERS OF A RESIDENCE ARE ABLE
   41  TO MEET THE QUALIFICATIONS FOR A QUALIFIED TAXPAYER, THE CREDIT SHALL BE
   42  EQUALLY DIVIDED BETWEEN OR AMONG SUCH INDIVIDUALS. IN THE CASE OF SPOUS-
   43  ES WHO FILE A JOINT FEDERAL RETURN BUT WHO  ARE  REQUIRED  TO  DETERMINE
   44  THEIR  NEW  YORK  TAXES  SEPARATELY, THE CREDIT ALLOWED PURSUANT TO THIS
   45  SUBSECTION MAY BE APPLIED AGAINST THE TAX OF EITHER OR  DIVIDED  BETWEEN
   46  THEM AS THEY MAY ELECT.
   47    S  2.  Section 3 of part K of chapter 59 of the laws of 2014, amending
   48  the tax law relating to providing an enhanced real property tax  circuit
   49  breaker, is amended to read as follows:
   50    S 3. This act shall take effect immediately and shall apply to taxable
   51  years  beginning  on  or  after  January 1, 2014 and shall expire and be
   52  deemed repealed January 1, [2016] 2020.
   53    S 3. This act shall take effect immediately.
   54                                  SUBPART C
       S. 6012                            67                            A. 8323
    1    Section 1. Paragraph c of subdivision  2  of  section  2023-a  of  the
    2  education law, as added by section 2 of part A of chapter 97 of the laws
    3  of 2011, is amended to read as follows:
    4    c.  "Capital local expenditures" means the taxes associated with budg-
    5  eted expenditures resulting from the  financing,  refinancing,  acquisi-
    6  tion, design, construction, reconstruction, rehabilitation, improvement,
    7  furnishing  and equipping of, or otherwise providing for school district
    8  capital facilities or school district capital equipment, including  debt
    9  service and lease expenditures, and transportation capital debt service,
   10  subject  to  the approval of the qualified voters where required by law.
   11  THE COMMISSIONER OF TAXATION AND FINANCE SHALL, AS APPROPRIATE,  PROMUL-
   12  GATE  RULES  AND REGULATIONS WHICH MAY PROVIDE FOR ADJUSTMENT OF CAPITAL
   13  LOCAL EXPENDITURES TO REFLECT A SCHOOL DISTRICT'S  SHARE  OF  ADDITIONAL
   14  BUDGETED CAPITAL EXPENDITURES MADE BY A BOARD OF COOPERATIVE EDUCATIONAL
   15  SERVICES.
   16    S 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section 3-c
   17  of the general municipal law, as added by section 1 of part A of chapter
   18  97 of the laws of 2011, is amended to read as follows:
   19    (i) The commissioner of taxation and finance shall calculate a quanti-
   20  ty  change  factor  for each local government for the coming fiscal year
   21  based upon the physical or quantity change, as defined by section twelve
   22  hundred twenty of the real property tax law, reported to the commission-
   23  er of taxation and finance by the  assessor  or  assessors  pursuant  to
   24  section  five  hundred  seventy-five  of  the real property tax law. The
   25  quantity change factor shall show the percentage by which the full value
   26  of the taxable real property in the local government has changed due  to
   27  physical  or quantity change between the second final assessment roll or
   28  rolls preceding the final assessment roll or rolls upon which taxes  are
   29  to be levied, and the final assessment roll or rolls immediately preced-
   30  ing  the  final  assessment  roll  or  rolls  upon which taxes are to be
   31  levied.  THE COMMISSIONER OF TAXATION AND FINANCE SHALL, AS APPROPRIATE,
   32  PROMULGATE RULES AND REGULATIONS REGARDING THE CALCULATION OF THE  QUAN-
   33  TITY  CHANGE FACTOR WHICH MAY ADJUST THE CALCULATION BASED ON THE DEVEL-
   34  OPMENT ON TAX EXEMPT LAND.
   35    S 3. Paragraph b of subdivision 2-a of section 2023-a of the education
   36  law, as added by section 2 of part A of chapter 97 of the laws of  2011,
   37  is amended to read as follows:
   38    b. The commissioner of taxation and finance shall calculate a quantity
   39  change  factor for the coming school year for each school district based
   40  upon the physical or quantity  change,  as  defined  by  section  twelve
   41  hundred twenty of the real property tax law, reported to the commission-
   42  er  of  taxation  and  finance  by the assessor or assessors pursuant to
   43  section five hundred seventy-five of the  real  property  tax  law.  The
   44  quantity change factor shall show the percentage by which the full value
   45  of  the  taxable real property in the school district has changed due to
   46  physical or quantity change between the second final assessment roll  or
   47  rolls  preceding the final assessment roll or rolls upon which taxes are
   48  to be levied, and the final assessment roll or rolls immediately preced-
   49  ing the final assessment roll or  rolls  upon  which  taxes  are  to  be
   50  levied.  THE COMMISSIONER OF TAXATION AND FINANCE SHALL, AS APPROPRIATE,
   51  PROMULGATE  RULES AND REGULATIONS REGARDING THE CALCULATION OF THE QUAN-
   52  TITY CHANGE FACTOR WHICH MAY ADJUST THE CALCULATION BASED ON THE  DEVEL-
   53  OPMENT ON TAX EXEMPT LAND.
   54    S  4.  Severability  clause.  If  an  amendment made by section two or
   55  section three of this act or their  application  to  any  person,  legal
   56  entity,  or  circumstance is held invalid by a court of competent juris-
       S. 6012                            68                            A. 8323
    1  diction, the remainder of this act or the application of such  amendment
    2  to other persons, legal entities or circumstances shall not be affected.
    3    S  5.  This act shall take effect immediately; provided, however, that
    4  sections one and three of this act shall first apply to school  district
    5  budgets  and  the  budget  adoption process for the 2016-17 school year;
    6  provided, further, that section two of this act shall first apply to the
    7  levy of taxes by local governments for the fiscal year  that  begins  in
    8  2016;  provided, further, that the amendments to paragraph c of subdivi-
    9  sion 2 and paragraph b of subdivision  2-a  of  section  2023-a  of  the
   10  education  law  made  by  sections  one  and three of this act shall not
   11  affect the repeal of such section and shall be  deemed  repealed  there-
   12  with;  provided,  further,  that  the  amendments to subparagraph (i) of
   13  paragraph (b) of subdivision 3 of section 3-c of the  general  municipal
   14  law  made by section two of this act shall not affect the repeal of such
   15  section and shall be deemed repealed therewith.
   16                                  SUBPART D
   17    Section 1. Clause 2 of subparagraph (i) of the  opening  paragraph  of
   18  section  1210  of  the tax law, as amended by chapter 136 of the laws of
   19  2013, is amended to read as follows:
   20    (2) the county of Nassau is hereby further authorized and empowered to
   21  adopt and amend local laws,  ordinances  or  resolutions  imposing  such
   22  taxes  at a rate which is three-quarters percent additional to the three
   23  percent rate authorized above in this paragraph for such county for  the
   24  period  beginning  January first, nineteen hundred eighty-six and ending
   25  November thirtieth, two thousand [fifteen]  SEVENTEEN,  subject  to  the
   26  limitation set forth in section twelve hundred sixty-two-e of this arti-
   27  cle,  and  also  at  a  rate which is one-half percent additional to the
   28  three percent rate authorized above in this paragraph, and which is also
   29  additional to the three-quarters percent rate also authorized  above  in
   30  this  clause  for such county, for the period beginning September first,
   31  nineteen hundred ninety-one and ending November thirtieth, two  thousand
   32  [fifteen] SEVENTEEN;
   33    S  2.  Section 1262-e of the tax law, as amended by chapter 136 of the
   34  laws of 2013, is amended to read as follows:
   35    S 1262-e. Establishment of local  government  assistance  programs  in
   36  Nassau  county. 1. Towns and cities. Notwithstanding any other provision
   37  of law to the contrary, for  the  calendar  year  beginning  on  January
   38  first, nineteen hundred ninety-eight and continuing through the calendar
   39  year  beginning  on January first, two thousand [fifteen] SEVENTEEN, the
   40  county of Nassau shall enact and establish a local government assistance
   41  program for the towns and cities within such county to assist such towns
   42  and cities to minimize real property taxes; defray the cost and  expense
   43  of  the  treatment, collection, management, disposal, and transportation
   44  of municipal solid waste, and to comply with the provisions  of  chapter
   45  two  hundred  ninety-nine  of the laws of nineteen hundred eighty-three;
   46  and defray  the  cost  of  maintaining  conservation  and  environmental
   47  control  programs.  Such  special  assistance  program for the towns and
   48  cities within such county and the funding for such program  shall  equal
   49  one-third of the revenues received by such county from the imposition of
   50  the  three-quarters  percent sales and use tax during calendar years two
   51  thousand one, two thousand two, two thousand three, two  thousand  four,
   52  two  thousand  five,  two thousand six, two thousand seven, two thousand
   53  eight, two thousand nine, two thousand ten,  two  thousand  eleven,  two
   54  thousand twelve, two thousand thirteen, two thousand fourteen [and], two
       S. 6012                            69                            A. 8323
    1  thousand fifteen, TWO THOUSAND SIXTEEN, AND TWO THOUSAND SEVENTEEN addi-
    2  tional  to  the regular three percent rate authorized for such county in
    3  section twelve hundred ten of this article. The monies for such  special
    4  local  assistance  shall be paid and distributed to the towns and cities
    5  on a per capita basis using the population figures in the latest  decen-
    6  nial  federal census.   Provided further, that notwithstanding any other
    7  law to the  contrary,  the  establishment  of  such  special  assistance
    8  program shall preclude any city or town within such county from preempt-
    9  ing  or  claiming  under  any other section of this chapter the revenues
   10  derived from the additional tax authorized by section twelve hundred ten
   11  of this article. Provided further, that any such town or towns  may,  by
   12  resolution of the town board, apportion all or a part of monies received
   13  in such special assistance program to an improvement district or special
   14  district  account  within  such town or towns in order to accomplish the
   15  purposes of this special assistance program.
   16    2. Villages. Notwithstanding any other provision of law to the contra-
   17  ry, for the calendar year beginning on January first,  nineteen  hundred
   18  ninety-eight and continuing through the calendar year beginning on Janu-
   19  ary  first,  two  thousand [fifteen] SEVENTEEN, the county of Nassau, by
   20  local law, is hereby empowered to enact and establish a local government
   21  assistance program for the villages within such county  to  assist  such
   22  villages to minimize real property taxes; defray the cost and expense of
   23  the  treatment,  collection, management, disposal, and transportation of
   24  municipal solid waste; and defray the cost of  maintaining  conservation
   25  and environmental control programs. The funding of such local assistance
   26  program  for  the  villages within such county may be provided by Nassau
   27  county during any calendar year in which such village  local  assistance
   28  program  is  in  effect  and  shall not exceed one-sixth of the revenues
   29  received from the imposition of the three-quarters percent sales and use
   30  tax that are remaining after the towns and cities  have  received  their
   31  funding  pursuant  to the provisions of subdivision one of this section.
   32  The funding for such village local assistance program shall be paid  and
   33  distributed  to  the villages on a per capita basis using the population
   34  figures in the latest decennial federal census. Provided  further,  that
   35  the  establishment  of  such  village  local  assistance  program  shall
   36  preclude any village within such  county  from  preempting  or  claiming
   37  under  any  other  section of this chapter the revenues derived from the
   38  additional tax authorized by section twelve hundred ten of this article.
   39    S 3. This act shall take effect immediately.
   40                                  SUBPART E
   41    Section 1. Section 1202 of the tax law is  amended  by  adding  a  new
   42  subdivision (g) to read as follows:
   43    (G)  THE  COUNTY  OF SUFFOLK, IN IMPOSING TAXES OF THE TYPE AUTHORIZED
   44  UNDER SUBDIVISION (E) OF SECTION TWELVE HUNDRED ONE OF THIS SUBPART, MAY
   45  IMPOSE TAXES ON THE USE OF PASSENGER MOTOR VEHICLES OF A  TYPE  COMMONLY
   46  USED  FOR  NON-COMMERCIAL PURPOSES OWNED BY RESIDENTS OF THE COUNTY AT A
   47  RATE PER ANNUM FOR EACH SUCH VEHICLE OF NOT IN EXCESS OF FIFTEEN DOLLARS
   48  IF SUCH VEHICLE WEIGHS THIRTY-FIVE HUNDRED POUNDS OR  LESS  AND  NOT  IN
   49  EXCESS  OF  THIRTY  DOLLARS  PER  ANNUM IF SUCH VEHICLE WEIGHS MORE THAN
   50  THIRTY-FIVE HUNDRED POUNDS; AND TAXES ON THE USE OF  TRUCKS,  BUSES  AND
   51  OTHER SUCH COMMERCIAL MOTOR VEHICLES USED PRINCIPALLY IN CONNECTION WITH
   52  A  BUSINESS  CARRIED ON WITHIN THE COUNTY, EXCEPT WHEN OWNED AND USED IN
   53  CONNECTION WITH THE OPERATION OF A FARM BY THE OWNER OR TENANT  THEREOF,
       S. 6012                            70                            A. 8323
    1  AT  A  RATE  PER  ANNUM FOR EACH SUCH VEHICLE OF NOT IN EXCESS OF THIRTY
    2  DOLLARS.
    3    S  2.  Subparagraph  (ii) of paragraph (d) of subdivision 6 of section
    4  401 of the vehicle and traffic law, as amended by chapter 34 of the laws
    5  of 2004, is amended to read as follows:
    6    (ii) In addition to the other fees provided for in this  section,  the
    7  commissioner shall, upon the application for the registration of a motor
    8  vehicle  or  the renewal thereof, collect the tax of the type authorized
    9  under subdivision (e) of section twelve hundred one of the tax law, if a
   10  county, pursuant to subdivision (c), (e) [or], (f)  OR  (G)  of  section
   11  twelve  hundred two of such law, enacts a local law, ordinance or resol-
   12  ution providing for the collection of such tax by the  commissioner  and
   13  enters into the required agreement relating thereto.
   14    S 3. This act shall take effect immediately.
   15                                  SUBPART F
   16    Section 1. Notwithstanding any other provision of law, and in addition
   17  to  the  powers currently authorized to be exercised by the state of New
   18  York municipal bond bank agency, the state of New  York  municipal  bond
   19  bank agency may provide, for purposes of municipal relief to the city of
   20  Yonkers  to  support  public  schools  in  the city, a sum not to exceed
   21  $25,000,000 for the city fiscal year ending June 30, 2016, to  the  city
   22  of  Yonkers.  Notwithstanding any other provision of law, and subject to
   23  the approval of the New York state director of the budget, the state  of
   24  New York mortgage agency shall transfer to the state of New York munici-
   25  pal bond bank agency for distribution as municipal relief to the city of
   26  Yonkers, a total sum not to exceed $25,000,000, such transfer to be made
   27  from  (i)  the  special  account  of the mortgage insurance fund created
   28  pursuant to section 2429-b of the public authorities law, in  an  amount
   29  not  to  exceed  the actual excess balance in the special account of the
   30  mortgage insurance fund, as determined and certified by the state of New
   31  York mortgage agency for the fiscal year 2015-2016  in  accordance  with
   32  section  2429-b  of  the  public  authorities  law,  if any, and/or (ii)
   33  provided that the reserves in the project pool insurance account of  the
   34  mortgage insurance fund created pursuant to section 2429-b of the public
   35  authorities  law are sufficient to attain and maintain the credit rating
   36  (as determined by the agency) required to  accomplish  the  purposes  of
   37  such  account, the project pool insurance account of the mortgage insur-
   38  ance fund created pursuant to section 2429-b of the  public  authorities
   39  law,  such transfer to be made as soon as practicable after July 1, 2015
   40  but no later than June 30, 2016 provided, however, that no such transfer
   41  is to be made unless and until the city of Yonkers submits a  comprehen-
   42  sive  financial plan that provides for continuity of current educational
   43  services and provided further that such plan is subject to the  approval
   44  of  the director of the budget.  Notwithstanding any provision of law to
   45  the contrary, payments made to the city of Yonkers pursuant to this  act
   46  shall  not  be  considered  when  determining the "city amount" required
   47  pursuant to subparagraph (ii) of paragraph (a)  of  subdivision  5-b  of
   48  section 2576 of the education law.
   49                                  SUBPART G
   50    Section  1.  The  sum  of  six  million dollars ($6,000,000) is hereby
   51  appropriated out of any moneys in the state treasury in the general fund
   52  to the credit of the local assistance account, not  otherwise  appropri-
       S. 6012                            71                            A. 8323
    1  ated,  and  made  available  for  services  and  expenses of the city of
    2  Rochester which may include support for the Rochester/Monroe anti pover-
    3  ty initiative.  Such moneys shall be payable on the audit and warrant of
    4  the comptroller on vouchers certified or approved by the director of the
    5  budget.
    6    S 2. This act shall take effect immediately.
    7                                  SUBPART H
    8    Section  1.  Contingent  upon  available  funding,  and  not to exceed
    9  $19,000,000, moneys from the  urban  development  corporation  shall  be
   10  available  for a municipal corporation or school district, as determined
   11  by the urban development corporation, where (i) a fossil  fuel  electric
   12  generating  facility located within such municipal corporation or school
   13  district has permanently ceased operations, and (ii) the closing of such
   14  facility has caused a reduction in the tax collections and receipts from
   15  payments in lieu of taxes of at least 20%, or any judicial determination
   16  concerning a fossil fuel electric  generating  facility,  has  caused  a
   17  reduction  in  the tax collections and receipts from payments in lieu of
   18  taxes of at least 20%; provided, however,  that  the  urban  development
   19  corporation  shall  not provide assistance to a municipal corporation or
   20  school district for more than five years, and shall  not  award  in  the
   21  first year more than eighty percent of the loss of revenues from proper-
   22  ty  tax and payments in lieu of taxes due to the closure of such facili-
   23  ty. The  total  amount  awarded  from  this  program  shall  not  exceed
   24  $19,000,000.
   25    S  2.  Notwithstanding any provision of law to the contrary, as deemed
   26  feasible and advisable by  its  trustees,  the  New  York  state  energy
   27  research  and  development  authority  is authorized and directed to (i)
   28  make a contribution to the Urban Development Corporation, or  as  other-
   29  wise directed in writing by the director of the budget, in an amount not
   30  to  exceed  $19,000,000  for  the  state fiscal year commencing April 1,
   31  2016.
   32    S 3. Notwithstanding any provision of law to the contrary,  as  deemed
   33  feasible and advisable by its trustees, the power authority of the state
   34  of  New  York  is  authorized and directed to make a contribution to the
   35  state treasury to the credit  of  the  general  fund,  or  as  otherwise
   36  directed in writing by the director of the budget, in an amount of up to
   37  $6,000,000  for  the  state  fiscal  year commencing April 1, 2015. Such
   38  contribution shall be  in  addition  to  other  contributions  otherwise
   39  enacted in law.
   40    S  4.  This  act shall take effect immediately and shall expire and be
   41  deemed repealed by July 1, 2025.
   42    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   43  sion, section or part of this act shall be  adjudged  by  any  court  of
   44  competent  jurisdiction  to  be invalid, such judgment shall not affect,
   45  impair, or invalidate the remainder thereof, but shall  be  confined  in
   46  its  operation  to the clause, sentence, paragraph, subdivision, section
   47  or part thereof directly involved in the controversy in which such judg-
   48  ment shall have been rendered. It is hereby declared to be the intent of
   49  the legislature that this act would  have  been  enacted  even  if  such
   50  invalid provisions had not been included herein.
   51    S  3.  This  act shall take effect immediately provided, however, that
   52  the applicable effective date of Subparts A through H of this act  shall
   53  be as specifically set forth in the last section of such Subparts.
       S. 6012                            72                            A. 8323
    1    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    2  sion,  section  or  part  of  this act shall be adjudged by any court of
    3  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    4  impair,  or  invalidate  the remainder thereof, but shall be confined in
    5  its  operation  to the clause, sentence, paragraph, subdivision, section
    6  or part thereof directly involved in the controversy in which such judg-
    7  ment shall have been rendered. It is hereby declared to be the intent of
    8  the legislature that this act would  have  been  enacted  even  if  such
    9  invalid provisions had not been included herein.
   10    S  3.  This  act shall take effect immediately provided, however, that
   11  the applicable effective date of Parts A through C of this act shall  be
   12  as specifically set forth in the last section of such Parts.