Senate Bill S6009

2015-2016 Legislative Session

Relates to rent control and stabilization; tax; NYC community school district system; education standards; tax exemption for new multiple dwellings; New York property tax relief check and requirements (Parts)

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to rules
Jun 20, 2015	referred to rules

2015-S6009 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Emergency Housing Rent Control Law
Laws Affected:: Amd §17, Chap 576 of 1974; amd §§1 & 2-a, Emerg Hous Rent Cont L; amd §2, Chap 329 of 1963; amd §46, Chap 116 of 1997; amd NYC Ad Cd, generally; amd §§10, 5-a, 17 & 12, add §5-b, Emerg Ten Prot Act of 1974; amd §§14 & 10, Pub Hous L; add §§171-z & 178, amd §606, Tax L; amd §§467-b, 467-c & 421-a, add §1306-b, RPT L; amd §34, Chap 91 of 2002; amd §17, Chap 345 of 2009; amd Part A §13, Chap 97 of 2011; amd Ed L, generally; amd Part EE Subpart E §1, Chap 56 of 2015; amd §3-d, Gen Muni L

2015-S6009 (ACTIVE) - Summary

Relates to rent control and stabilization; income verification; tenant protection unit; enforcement of rent control laws

2015-S6009 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6009

TITLE OF BILL:

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, and the rent
regulation reform act of 1997, in relation to extending the
effectiveness thereof (Subpart A); to amend the administrative 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 vacancy decontrol and adjustments (Subpart B); to amend the public
housing law and the tax law, in relation to income verification for
rent controlled apartments (Subpart C); to amend the public housing
law, in relation to establishing a tenant protection unit within the
division of housing and community renewal (Subpart D); to amend the
administrative code of the city of New York and the emergency tenant
protection act of nineteen seventy-four, in relation to enforcement of
rent control laws (Subpart E); to amend the emergency tenant
protection act of nineteen seventy-four and the administrative code of
the city of New York, in relation to leasing to business and other
entities (Subpart F); and to amend the real property tax law, in
relation to tax abatements for dwelling units occupied by certain
persons residing in rent-controlled or rent regulated properties; and

providing state aid to cities affected by such tax abatements (Subpart
G)(Part A); to amend the real property tax law, in relation to tax
exemption for multiple dwellings (Part B); to amend chapter 91 of the
laws of 2002 amending the education law and other laws relating to the
reorganization of the New York city school construction authority,
board of education and community boards, in relation to the
effectiveness of certain provisions of such chapter; to amend chapter
345 of the laws of 2009 amending the education law relating to the New
York city board of education, chancellor, community councils and
community superintendents, in relation to the effectiveness of certain
provisions of such chapter; and to amend the education law, in
relation to the New York city community school district system (Part
C); to amend chapter 56 of the laws of 2015 amending the education law
relating to annual performance reviews of classroom teachers and
building principals, in relation to the public comment period; and to
amend the education law, in relation to annual teacher and principal
evaluations; to amend the education law, in relation to directing the
release of test questions on statewide English language arts and
mathematics examinations; and making an appropriation therefor; to
amend the education law, in relation to the addition of student
characteristics for consideration of student performance; to amend the
education law, in relation to establishing a content review committee
for the purpose of reviewing new standardized test items; to amend the
education law, in relation to the board of regents; and to direct the
commissioner of education to conduct a comprehensive review of the
education standards administered by the state education department
(Part D); 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 eliminating the expiration of and making permanent certain
provisions thereof (Part E); and to amend the real property tax law


and the tax law, in relation to the New York property tax relief check
program; to amend the education law and the general municipal law, in
relation to certification of compliance with the New York property tax
relief check program requirements (Part F)

SUMMARY OF PROVISIONS:

Part A

Subpart A: Extends provisions associated with rent regulation for a
period of six years

Subpart B: Increases the luxury decontrol threshold for rent regulated
units in Manhattan to $2600 per month and disallows decontrol for such
units based upon a rent guidelines board increase

Subpart C: Establishes a verification system to review those qualified
to reside in rent regulated apartments

Subpart D: Codifies provisions associated with the establishment and
authority of the Tenant Protection Unit

Subpart E: Increases maximum penalties associated with tenant
harassment

Subpart F: Requires that the primary resident of a rent-regulated unit
be a natural person.

Subpart G: Authorizes the City of New York to institute a tenant rent
increase exemption program (TRIE), for tenants who pay over 50% of
their income in rent and who reside within rent controlled, rent
regulated, and within certain other types of housing incorporated
under the private housing finance law.

Part B

Section one adds two new subdivisions to section 421-a of the Real
Property Tax Law ("RPTL"). Notwithstanding the provisions of any other
subdivision of section 421-a or of any general, special or local law
to the contrary, new subdivision 16 would, in a city having a
population of one million or more, set new 421-a eligibility
requirements and benefit periods for multiple dwellings that commence
construction after December 31, 2015 and on or before December 31,
2019, and that complete construction on or before December 31, 2023.
Such multiple dwellings would be required to contain at least six
dwelling units created through new construction or eligible conversion
that are operated as rentals, or as a homeownership project outside
the borough of Manhattan. Such multiple dwellings would need to
provide affordable housing either onsite or offsite through one of
three affordability options as rentals or a separate option for
homeownership projects, in order to be eligible for thirty-five years
of exemption from real property taxation, other than assessments for
local improvements. Such multiple dwellings would receive a 100%
exemption from real property taxation during the construction period
for a maximum of three years, a 100% exemption from real property
taxation for the first 25 years following completion, and, for the
final 10 years of the exemption period, an exemption from real


property taxation equal to the percentage of affordable units included
in such multiple dwelling.  Such multiple dwellings would continue to
pay taxes on the assessed value of the land and improvements during
the tax year prior to commencement of construction, and all
assessments for local improvements. The 421-a benefit would be reduced
by the aggregate floor area of commercial, community facility and
accessory use space, other than parking which is located not more than
23 feet above the curb level, in excess of 12% of the aggregate floor
area.

The three affordability options available to rental type projects
seeking the 421-a benefit would be: (a) not less than 10% of dwelling
units affordable to those at or below 40% of area median income
("AMI"), not less than an additional 10% at or below 60% of AMI and
not less than an additional 5% at or below 130% of AMI, with no
governmental assistance other than tax exempt bond proceeds and 4% tax
credits; (b) not less than 10% at or below 70% of AMI and not less
than an additional 20% at or below 130% of AMI; and (c) not less than
30% at or below 130% of AMI, with no governmental assistance.  The
affordability option for homeownership projects would require that 25%
of the units on average have an average assessed value of $75,000 or
less. These affordability requirements for rentals would apply
throughout the 421-a benefit period at both initial rental and upon
vacancy. Such affordable units could not be rented on a temporary,
transient or short-term basis, nor converted to cooperative or
condominium ownership. Tenants below such maximum AMIs would be
expressly allowed to occupy such affordable units. All rental dwelling
units would have to be accessed through the same street entrances and
lobbies, and no such entrance or lobby could serve some rental
dwelling units to the exclusion of others.  The affordable dwelling
units in all of the three affordability options would remain rent
stabilized until the first vacancy following the expiration of the
421-a benefits, even if such benefits are revoked. Unless preempted by
other governmental requirements, such affordable units would be
required to have a unit mix proportional to the market rate units, or
at least 50% of the affordable units would be required to have two or
more bedrooms and no more than 25% of the affordable units could have
less than one bedroom.

Applicants for 421-a benefits would be required to provide prevailing
wages for building service employees as required under current law.
The fiscal officer would be authorized to enforce the prevailing wage
requirement, and would be required to present evidence of any
noncompliance to the department of housing preservation and
development. If dwelling units existed on the site three years prior
to commencement of construction, the number of affordable units
provided must equal or exceed the number of such units that were
removed or demolished. Concurrent exemptions or abatements are
prohibited. The department of housing preservation and development
would be authorized to permit the voluntary termination of 421-a
benefits only in connection with the commencement of a new tax
exemption pursuant to either RPTL section 420-c or the Private Housing
Finance Law. The department of housing preservation and development
could also terminate or revoke 421-a benefits for noncompliance with
subdivision 16.


Applications would have to be filed within one year after completion,
and the department of housing preservation and development would be
authorized to require a filing fee of $3,000 per dwelling unit unless
lesser fees are authorized pursuant to rule for
governmentally-assisted projects. The department of housing
preservation and development also could require by rule that
applications be filed electronically. Additionally, rules would be
required to be established for a certification program when dealing
with on-site and offsite units, as well as the establishment of a
working group to evaluate workforce related issues.

A city having a population of one million or more would not be
authorized to enact a local law to restrict, limit or condition the
eligibility for or scope or amount of 421-a benefits in any manner.
The provisions of New York City Administrative Code sections 11-245
and 11-245.1 enacted before the effective date of subdivision 16 would
not restrict, limit or condition the eligibility for or the scope or
amount of 421-a benefits authorized by subdivision 16.  Finally, a
rental project that commences construction prior to December 31, 2015
that has not received 421-a benefits before subdivision 16 becomes
effective may opt to receive 421-a benefits pursuant to subdivision
16.

Notwithstanding the provisions of any other subdivision of section
421-a or of any general, special or local law to the contrary, new
subdivision 17 would, in a city having a population of one million or
more, provide an extended 421-a benefit option to projects that
commenced construction prior to July 1, 2008, and received a 20-year
or 25-year tax exemption under section 421-a prior to the effective
date of this act by making at least 20% of the units affordable to
families of low and moderate income, provided that all residential tax
lots operate as rental housing. For an additional 15 years of extended
benefit in the case of a 20-year benefit property or for an additional
10 years in the case of a 25-year benefit property, not less than 20%
of the dwelling units would have to be affordable to those with
household incomes at or below an average of 80% of AMI, with not less
than an additional 5% at or below 130% of AMI. These affordability
requirements would apply throughout the extended benefit period at
both initial rental and upon vacancy. In exchange for extended
affordability, projects would receive a 50% exemption from real
property taxation, other than assessments for local improvements, for
this extended benefit period.  Such projects would continue to pay the
same real property taxes they were paying during their 20-year or
25-year benefit period on the assessed value of land and improvements
during the tax year preceding the commencement of construction of such
projects. Any extended benefit would be reduced by the percentage of
aggregate floor area occupied by commercial, community facility,
parking and accessory use space exceeding 12% of the aggregate floor
area. A restrictive declaration executed by all parties in
interest.would be recorded against the real property.

Affordable units could not be rented on a temporary, transient or
short-term basis, nor converted to cooperative or condominium
ownership. Tenants below maximum AMIs would be allowed to occupy such
affordable units. Affordable units would remain rent stabilized during
the extended benefit period, even if the extended benefit is
terminated or revoked. Furthermore, tenants in occupancy after the


extended benefit period could remain as rent stabilized tenants for
the duration of their occupancy.

Applicants for the extended benefit would be required to provide
prevailing wages for building service employees as similarly required
under current law. The fiscal officer would be authorized to enforce
the prevailing wage requirement, and would be required to present
evidence of any noncompliance to the department of housing
preservation and development. Concurrent exemptions or abatements
would be prohibited.  The department of housing preservation and
development would be authorized to permit the voluntary termination of
421-a benefits in connection with a new tax exemption pursuant to
either RPTL section 420-c or the Private Housing Finance Law. The
department of housing preservation and development could also
terminate or revoke the extended benefit for noncompliance with
subdivision 17.

Applications for this extended benefit would be required to be filed
on or before the later of December 31, 2016, or 18 months after the
20-year or 25-year benefit period expires. A filing fee of $3000 per
dwelling unit would be required in connection with any application.
The department of housing preservation and development also would be
authorized to require by rule that applications be filed
electronically. A city having a population of one million or more
would not be authorized to enact a local law to restrict, limit or
condition the eligibility for or scope or amount of the extended
benefit in any manner. The provisions of New York City Administrative
Code sections 11-245 and 11-245.1 enacted before the effective date of
subdivision 17 would not restrict, limit or condition the eligibility
for or the scope or amount of the extended benefit authorized by
subdivision 17.

Sections two and three amend RPTL sections 421-a(2)(a)(iv)(A) and 421-
a(2)(c)(ii), respectively, to provide that the existing 421-a tax
exemption program would continue to apply to new multiple dwellings
that commence construction on or before December 31, 2015, provided
that such multiple dwellings receive their first temporary or
permanent certificates of occupancy covering all residential areas on
or before December 31, 2019. Solely for these purposes, and
notwithstanding any local law to the contrary, "commence" would be
defined as the date upon which excavation and construction of initial
footings and foundations lawfully begins in good faith or, for an
eligible conversion, the date upon which the actual construction of
the conversion, alteration or improvement of the pre-existing building
or structure lawfully begins in good faith.

Section four amends subdivision 2 of RPTL section 421-a by adding a
new paragraph (j) authorizing the local housing agency to permit
voluntary termination of benefits under the existing 421-a program in
connection with a new tax exemption pursuant to either RPTL Section
420-c or the Private Housing Finance Law.

Sections five and six amend subdivision 3 of RPTL section 421-a by
authorizing the local housing agency to promulgate rules requiring
that applications be filed electronically.


Sections seven and eight amend subdivision 6 of RPTL section 421-a to
provide that the current requirements for 421-a tax benefits in the
Greenpoint Williamsburg Waterfront Exclusion Area would continue to
apply to buildings where (a) the real property containing such
building was identified in a covered project agreement executed and
recorded on or before December 31, 2015, and such agreement was not
thereafter amended to include additional real property; (b) at least
one building in such covered project that meets the
Greenpoint-Williamsburg Waterfront Exclusion Area affordability
requirements commences construction or before December 31, 2015; and
(c) all of the buildings in such covered project that receive benefits
pursuant to RPTL section 421-a(6)(f) completed construction on or
before June 15, 2025.

Section nine amends subdivision 6 of RPTL section 421-a to provide
that covered projects entirely located within the
Greenpoint-Williamsburg Waterfront Exclusion Area are exempt from the
assessed valuation cap.

Section ten amends the current prevailing wage requirements for 421-a
beneficiaries. The section would exclude superintendents from the
definition of "building service employee," since there are no
prevailing wages for such employees and if there were, they would be
covered because the list is not exhaustive. The section would also
require, in a building receiving benefits under the existing 421-a
program and whose construction commenced on or after December 28,
2007, all building service employees to receive prevailing wages for
the duration of such benefits, and authorize the fiscal officer to
enforce this requirement and further require such fiscal officer to
present evidence of noncompliance to the local housing agency.

Section eleven provides for effective dates.

Part C

Section 1 and 2: Extends mayoral control in New York City and other
current sections of Article 52-A of the Education Law for one year to
June 30, 2016.

Section 3: Allows charter schools that are currently authorized by the
New York City Department of Education to a different charter
authorizing entity.

Section 4: Removes regional caps placed on charters granted, and
returns charters that were previously granted but not currently being
used to the pool of available charters.

Section 5: Requires the New York City Department of Education to
report on the distribution of specific types of funding by individual
school and per pupil.

Section 6: Makes budget and expenditure reports of New York City
Department of Education schools more readily available by placing them
on the department's website.


Section 7: Requires the Department of Education to maintain certain
information to be made available to members and officers of the
Executive and Legislature.

Section 8: Provides for an enrollment preference for children of
charter school employees accounting for up twenty percent of newly
admitted students.

Section 9: Allows charter schools to employ individuals, up to the
greater of thirty percent of total teaching staff or five, that meet
certain exceptional statutory criteria, but lack teaching
certification.

Section 10: Requires the mayor of New York City to submit an education
budget plan to the Director of the budget, the temporary president of
the Senate, and the speaker of the Assembly for approval.

Part D

Section 1: Section 1 amends section 1 of subpart E of part EE of
chapter 56 of the laws of 2015 by directing that after a 45 day
comment period such adopted regulations may be amended.

Section 2: Section 2 amends subdivision 11 of section 3012-d of the
education law and adds a new subdivision 11-a that would extend the
date at which school districts would need to have a plan approved by
the department to February 15, 2016. This section would also require
the department to issue regulations if a district faces hardship by
not having a plan approved and implemented by February 15, 2016.

Section 3: Section 3 adds a new subdivision 51-a to section 305 of the
education law that would require the commissioner to release the test
questions and correct answers from the ELA and math 3-8 exams by June
1, 2015 and each year thereafter. In addition, the commissioner shall
release the general student success rate on such questions by July 1,
2015 and each year thereafter.

Section 4: Section 4 allocates $8.4 million to the state education
department to aid in the release of test questions pursuant to
subdivision 51-a of section 305 of the education law and to eliminate
stand-alone field testing.

Section 5: Section 5 amends subparagraph 1 of paragraph a of
subdivision 4 of section 3012-d by requiring certain characteristics
be considered in the first subcomponent. Such characteristics shall
include, but not be limited to, students with disabilities, poverty,
English language learners, prior academic history, and student growth
of educators who are well above or well below average compared to
similar students for a teacher's or principal's students after the
certain student characteristics listed are taken into account.

Section 6: Section 6 adds two new subdivisions 53 and 54 to section
305 of the education law. Subdivision 53 would establish a content
review committee to ensure all standardized test items on grades 3-8
ELA and math are, among other things, grade level appropriate. All
test questions used shall be reviewed by the content review committee
for use in future examinations, except in certain instances in the


2015-2016 school year only. The content review committee shall include
teachers in the grade and subject levels and teachers of students with
disabilities and English language learners. Subdivision 54 would
eliminate the requirement that teachers in grades 3-8 are prohibited
from discussing the contents of the standardized ELA and math 3-8
assessments.

Section 7: Section 7 requires any contract needed to be amended to be
compliance with section 6 of this act.

Section 8: Section 8 requires the commissioner to conduct a
comprehensive review of the education standards and to seek input from
education stakeholders when doing so. Such review shall include
whether curriculum materials and modules are aligned to the standards
and fully available to school districts, age and grade appropriateness
of the standards, and current progress of the implementation of the
standards. The review is to contain recommendations on how to modify
the standards if necessary. The review is to be conducted by June 30,
2016.

Section 9: Section 9 sets forth an immediate effective date except as
otherwise noted.

Part E

The enactment of the property tax cap has been truly effective at
generating savings for property owners and businesses. Historically,
skyrocketing local property taxes had forced people to leave their
homes and caused businesses and jobs to leave for other states.

Massachusetts has the longest history with an enacted property tax
cap, after it earned national derision for its high tax burden, and
the moniker "Taxachusetts". Twenty years after the passage of
"Proposition 2 1/2" the residential property tax levy actually dropped
1.6%, adjusted for inflation. In the first three years in New York the
property tax cap has saved $2.6 billion and is projected to save more
than $11.4 billion over the first ten years of implementation.

Tax cap permanence is necessary to continue in the right direction for
New York, and provide surety to New York's businesses and tax payers
that New York's tax climate is one that they can trust to limit
unwieldy and unnecessary tax growth.

PART F

Provides a rebate check for STAR eligible recipients based on their
current STAR exemption. For the 2015-16 and each year school year
thereafter rebate checks would amount to $1.3 billion in the first
year growing to $1.5 billion when fully enacted.

JUSTIFICATION:

Affordable housing is becoming more difficult to maintain, the Senate
agrees that the demand for such accommodations in New York City, and
even statewide outstrips the existing supply. Therefore, to ensure
that there is continuity in the system of rent regulation in the City
of New York, the laws implementing such a system of rent control


should be extended for six years, providing necessary certainty for
tenants. Further, the system should be reformed to provide:

*An increase in the luxury decontrol provision to capture rising rents
in the borough of Manhattan. This increase will be rationally tied to
an index relative to the cost in housing as determined by the Rent
Guidelines Board annually.

*The system of rent regulation will additionally be reformed to codify
the tenant protection unit (TPU) within DHCR to ensure that audits of
landlords can continue and ensure that improvements are properly
accounted for and that tenants are not overcharged unnecessarily.

*This legislation additionally provides that the provisions applicable
to property owners who must verify income and residency for STAR
eligibility will apply to rent regulated tenants, to ensure that only
those who meet the existing qualifications for rent regulated
apartments will be utilizing them.

*The bill further increases penalties for harassment of tenants.

*The legislation would also authorize, at local option, a program to
exempt low-income tenants in rent regulated apartments from increases
in their rent, those eligible would earn less than $50,000 per year
and pay more than 50% of their income towards rent.

*The legislation would also ensure that tenants would not be able to
rent their apartments at a profit and that it must be utilized as a
primary residence, not as an illegal hotel room.

New York State's rent control laws play a critical role in ensuring
that millions of New Yorkers have access to decent, affordable
housing. Since the enactment, these laws have promoted neighborhood
stability and enabled generations of working families to make New York
State their home.

Recognizing the vital contribution that these laws make to the quality
of life in this State, this legislation, among other changes, would
extend the effectiveness of the rent protection laws until June 15,
2021.

The legislation additionally extends the 421-a program which is almost
solely responsible for the net increase in rent regulated housing in
New York City. It is crucial to ensure that new properties can be
constructed and remain rent regulated for the period of tax benefits,
which will be equal up to 35 years under this proposal.

The provisions in this legislation further make common-sense changes
to make needed reform to ensure our students are afforded a high
quality education in New York and that our educators are provided with
a fair and robust APPR system.

The extension of Mayoral Control in the City of New York can only be
considered with the reforms to require more transparency. This
transparency will ensure that over $9 Billion in state money sent
towards the education of over one million school children is spent
properly.


Expanding the cap on charter schools will further school choice for
students within New York City, and across the State. These schools
help to provide quality access to education, not only in New York
City, but in areas across the State. Increasing access to charter
schools, that are held accountable by the charter renewal process,
will allow students the opportunity to attend some of the most
successful and highest achieving schools in the State.

The implementation of a Property Tax Cap upstate has saved New Yorkers
over $7 Billion since its inception, the permanence of this cap is
important to continue the progress made in reversing uncontrollable
increases, which were further driving New Yorkers out of state. This
legislation makes the cap permanent and decouples it from the rent
control laws.

The legislation further returns money to homeowners via a rebate check
for those eligible for STAR, many of whom are still struggling with
high property taxes.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S6009 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6009

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 20, 2015
                               ___________

Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

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,  and  the  rent
  regulation reform act of 1997, in relation to extending the effective-
  ness thereof (Subpart A); to amend the administrative 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 vacan-
  cy decontrol and adjustments (Subpart B); to amend the public  housing
  law  and  the  tax  law,  in  relation to income verification for rent
  controlled apartments (Subpart C); to amend the public housing law, in
  relation to establishing a tenant protection unit within the  division
  of housing and community renewal (Subpart D); to amend the administra-
  tive  code of the city of New York and the emergency tenant protection
  act of nineteen seventy-four,  in  relation  to  enforcement  of  rent
  control laws (Subpart E); to amend the emergency tenant protection act
  of  nineteen  seventy-four  and the administrative code of the city of
  New York, in relation  to  leasing  to  business  and  other  entities
  (Subpart  F);  and  to amend the real property tax law, in relation to
  tax abatements for dwelling units occupied by certain persons residing
  in rent-controlled or rent regulated properties; and  providing  state
  aid  to cities affected by such tax abatements (Subpart G)(Part A); to
  amend the real property tax law, in  relation  to  tax  exemption  for
  multiple  dwellings  (Part B); to amend chapter 91 of the laws of 2002
  amending the education law and other laws relating to the  reorganiza-
  tion  of  the  New  York  city school construction authority, board of
  education and community boards, in relation to  the  effectiveness  of
  certain  provisions  of such chapter; to amend chapter 345 of the laws
  of 2009 amending the education law relating to the New York city board
  of education, chancellor, community councils and community superinten-
  dents, in relation to the effectiveness of certain provisions of  such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD11742-02-5

S. 6009                             2

  chapter;  and  to amend the education law, in relation to the New York
  city community school district system (Part C); to amend chapter 56 of
  the laws of  2015  amending  the  education  law  relating  to  annual
  performance  reviews of classroom teachers and building principals, in
  relation to the public comment period; and to amend the education law,
  in relation to annual teacher and principal evaluations; to amend  the
  education  law, in relation to directing the release of test questions
  on statewide English language arts and mathematics  examinations;  and
  making  an  appropriation  therefor;  to  amend  the education law, in
  relation to the addition of student characteristics for  consideration
  of  student  performance;  to  amend the education law, in relation to
  establishing a content review committee for the purpose  of  reviewing
  new  standardized  test items; to amend the education law, in relation
  to the board of regents; and to direct the commissioner  of  education
  to  conduct a comprehensive review of the education standards adminis-
  tered by the state education department (Part D); to amend chapter  97
  of the laws of 2011, amending the general municipal law and the educa-
  tion  law  relating  to  establishing  limits upon school district and
  local government tax levies, in relation to eliminating the expiration
  of and making permanent certain provisions thereof (Part  E);  and  to
  amend  the  real  property tax law and the tax law, in relation to the
  New York property tax relief check program; to amend the education law
  and the general municipal law, in relation to certification of compli-
  ance with the New York property tax relief check program  requirements
  (Part F)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2015-2016
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through F. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. This act enacts into law components  of  legislation  which
are necessary to implement the provisions relating to the prosecution of
misconduct  by  public  officials.    Each component is wholly contained
within a Subpart identified as Subparts A through G.  The effective date
for each particular provision contained within such Subpart is set forth
in the last section of  such  Subpart.  Any  provision  in  any  section
contained within a Subpart, including the effective date of the Subpart,
which  makes  a  reference  to  a  section  "of  this act", when used in
connection with that particular component, shall be deemed to  mean  and
refer  to the corresponding section of the Subpart in which it is found.
Section three of this act sets forth the general effective date of  this
act.

S. 6009                             3

                                SUBPART A

  Section  1. Section 17 of 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, as amended by chapter 19 of the
laws of 2015, is amended to read as follows:
  S 17. Effective date.   This act shall  take  effect  immediately  and
shall  remain  in full force and effect until and including the [twenty-
third] FIFTEENTH day of June [2015] 2021; except that sections  two  and
three  shall take effect with respect to any city having a population of
one million or more and section one shall take effect  with  respect  to
any  other  city,  or any town or village whenever the local legislative
body of a city, town or village determines the  existence  of  a  public
emergency  pursuant  to section three of the emergency tenant protection
act of nineteen seventy-four, as enacted by section four  of  this  act,
and  provided  that  the housing accommodations subject on the effective
date of this act to stabilization pursuant to the  New  York  city  rent
stabilization law of nineteen hundred sixty-nine shall remain subject to
such law upon the expiration of this act.
  S  2.  Subdivision  2  of section 1 of chapter 274 of the laws of 1946
constituting the emergency housing rent control law, as amended by chap-
ter 19 of the laws of 2015, is amended to read as follows:
  2. The provisions  of  this  act,  and  all  regulations,  orders  and
requirements  thereunder shall remain in full force and effect until and
including June [23] 15, [2015] 2021.
  S 3. Section 2 of chapter 329 of the laws of 1963 amending  the  emer-
gency housing rent control law relating to recontrol of rents in Albany,
as  amended  by  chapter  19  of the laws of 2015, is amended to read as
follows:
  S 2. This act shall take effect  immediately  and  the  provisions  of
subdivision  6  of section 12 of the emergency housing rent control law,
as added by this act, shall remain in full force and  effect  until  and
including June [23] 15, [2015] 2021.
  S  4.  Subdivision  6 of section 46 of chapter 116 of the laws of 1997
constituting the rent regulation reform act of 1997, as amended by chap-
ter 19 of the laws of 2015, is amended to read as follows:
  6. sections twenty-eight, twenty-eight-a, twenty-eight-b  and  twenty-
eight-c  of this act shall expire and be deemed repealed after June [23]
15, [2015] 2021;
  S 5. This act shall take effect immediately, provided,  however,  that
if  this  act  shall  become a law after June 23, 2015, then it shall be
deemed to have been in full force and effect on and after June 23, 2015.

                                SUBPART B

  Section 1. Paragraph 14 of subdivision c  of  section  26-511  of  the
administrative code of the city of New York, as amended by section 14 of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
  (14) provides that where the amount of rent charged to and paid by the
tenant  is  less  than the legal regulated rent for the housing accommo-
dation, the amount of rent for such housing accommodation which  may  be
charged  upon  renewal or upon vacancy thereof may, at the option of the
owner, be based upon such previously established legal  regulated  rent,
as  adjusted  by the most recent applicable guidelines increases and any
other increases authorized by law. Where, subsequent  to  vacancy,  such
legal  regulated  rent, as adjusted by the most recent applicable guide-

S. 6009                             4

lines increases and any other increases authorized by law is  two  thou-
sand  dollars  or more per month or, for any housing accommodation which
is or becomes vacant on or after the effective date of the rent  act  of
2011, is two thousand five hundred dollars or more per month OR, FOR ANY
HOUSING  ACCOMMODATION WHICH IS OR BECOMES VACANT ON OR AFTER THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF 2015  THAT  AMENDED  THIS  PARA-
GRAPH,  IS  TWO  THOUSAND  FIVE  HUNDRED DOLLARS OR MORE A MONTH FOR ALL
HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF  MANHATTAN  AND
TWO THOUSAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE BOROUGH OF
MANHATTAN,  such  housing  accommodation  shall  be  excluded  from  the
provisions of this law pursuant to section  26-504.2  of  this  chapter.
NOTWITHSTANDING  THE  AFOREMENTIONED  PROVISIONS  OF  THIS PARAGRAPH THE
FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT THAT WOULD  OTHER-
WISE  EXCLUDE  A  HOUSING  ACCOMMODATION WITHIN THE BOROUGH OF MANHATTAN
FROM THE PROVISIONS OF THIS LAW: (I) AN ADJUSTMENT  IN  LEGAL  REGULATED
RENT  FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER FIRST, TWO
THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO  THOUSAND  SIXTEEN,
WHERE  SUCH  ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT GUIDELINES
BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN THE JURIS-
DICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED  TO  ANY  LEGALLY
REGULATED  RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE EXCLUSION OF
SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW  PURSUANT  TO
SECTION  26-504.2  OF THIS CHAPTER UNLESS UPON ANY OTHER LEGALLY ADOPTED
ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH  RENT
INCLUSIVE  OF  AN  INCREASE  THAT  IS  THE RESULT OF SUCH ORDER; (II) AN
ADJUSTMENT IN LEGAL REGULATED RENT FOR ANY LEASE RENEWAL,  ENTERED  INTO
ON  OR  AFTER  OCTOBER  FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER
THIRTIETH, TWO THOUSAND SEVENTEEN, WHERE SUCH ADJUSTMENT IS  THE  RESULT
OF  AN  ORDER  OF  THE  RENT  GUIDELINES  BOARD APPLIED GENERALLY TO ALL
ONE-YEAR RENEWAL LEASES WITHIN THE JURISDICTION  OF  SUCH  BOARD  DURING
SUCH  PERIOD, MAY BE ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD
AND SHALL NOT RESULT IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM
THE PROVISIONS OF THIS LAW PURSUANT TO SECTION 26-504.2 OF THIS  CHAPTER
UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF SUCH RENT
WOULD  EXCEED  THE  AMOUNT OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS
THE RESULT OF SUCH ORDER; AND (III) AN  ADJUSTMENT  IN  LEGAL  REGULATED
RENT  FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER FIRST, TWO
THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH,  TWO  THOUSAND  EIGH-
TEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT GUIDE-
LINES  BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN THE
JURISDICTION OF SUCH BOARD DURING SUCH  PERIOD,  MAY  BE  ADDED  TO  ANY
LEGALLY  REGULATED  RENT  FOR  SUCH  PERIOD  AND SHALL NOT RESULT IN THE
EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS  LAW
PURSUANT  TO  SECTION  26-504.2  OF  THIS  CHAPTER UNLESS UPON ANY OTHER
LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF  SUCH  RENT  WOULD  EXCEED  THE
AMOUNT  OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH
ORDER.
  S 2. Subdivision (a-2) of section 10 of section 4 of  chapter  576  of
the  laws  of  1974  constituting the emergency tenant protection act of
nineteen seventy-four, as amended by section 13 of part B of chapter  97
of the laws of 2011, is amended to read as follows:
  (a-2)  Provides  that  where the amount of rent charged to and paid by
the tenant is less than the legal regulated rent for the housing  accom-
modation, the amount of rent for such housing accommodation which may be
charged  upon  renewal or upon vacancy thereof may, at the option of the
owner, be based upon such previously established legal  regulated  rent,

S. 6009                             5

as adjusted by the most recent applicable guidelines increases and other
increases  authorized  by  law. Where, subsequent to vacancy, such legal
regulated rent, as adjusted by the  most  recent  applicable  guidelines
increases  and  any  other  increases  authorized by law is two thousand
dollars or more per month or, for any housing accommodation which is  or
becomes  vacant  on or after the effective date of the rent act of 2011,
is two thousand five hundred dollars or more per month OR, FOR ANY HOUS-
ING ACCOMMODATION WHICH IS OR BECOMES VACANT ON OR AFTER  THE  EFFECTIVE
DATE  OF  THE CHAPTER OF THE LAWS OF 2015 THAT AMENDED THIS SUBDIVISION,
IS TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE A  MONTH  FOR  ALL  HOUSING
ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHATTAN AND TWO THOU-
SAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE BOROUGH OF MANHAT-
TAN, such housing accommodation shall be excluded from the provisions of
this act pursuant to paragraph thirteen of subdivision a of section five
of  this  act.  NOTWITHSTANDING  THE  AFOREMENTIONED  PROVISIONS OF THIS
SUBDIVISION THE FOLLOWING PROVISIONS SHALL APPLY TO  A  RENT  ADJUSTMENT
THAT  WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH
OF MANHATTAN FROM THE PROVISIONS OF THIS ACT: (I) AN ADJUSTMENT IN LEGAL
REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR  AFTER  OCTOBER
FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SIXTEEN,  WHERE  SUCH  ADJUSTMENT  IS THE RESULT OF AN ORDER OF THE RENT
GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED  TO  ANY
LEGALLY  REGULATED  RENT  FOR  SUCH  PERIOD  AND SHALL NOT RESULT IN THE
EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS  ACT
PURSUANT  TO  SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN
HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT  THE
AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN
INCREASE  THAT  IS THE RESULT OF SUCH ORDER; (II) AN ADJUSTMENT IN LEGAL
REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR  AFTER  OCTOBER
FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SEVENTEEN,  WHERE  SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT
GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED  TO  ANY
LEGALLY  REGULATED  RENT  FOR  SUCH  PERIOD  AND SHALL NOT RESULT IN THE
EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS  ACT
PURSUANT  TO  SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN
HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT  THE
AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN
INCREASE  THAT  IS  THE RESULT OF SUCH ORDER; AND (III) AN ADJUSTMENT IN
LEGAL REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED  INTO  ON  OR  AFTER
OCTOBER  FIRST,  TWO  THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH,
TWO THOUSAND EIGHTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF  AN  ORDER
OF  THE  RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL
LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY  BE
ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT
IN  THE  EXCLUSION  OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF
THIS ACT PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION  LAW  OF
NINETEEN  HUNDRED  SIXTY-NINE  UNLESS  UPON  ANY  OTHER  LEGALLY ADOPTED
ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH  RENT
INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER.
  S  3.  Paragraph  3  of subdivision (a) of section 5-a of section 4 of
chapter 576 of the laws  of  1974,  constituting  the  emergency  tenant
protection  act of nineteen seventy-four, as added by section 30 of part
B of chapter 97 of the laws of 2011, is amended to read as follows:

S. 6009                             6

  3.  Deregulation  rent  threshold  means  two  thousand  dollars   for
proceedings  commenced  before  July  first,  two  thousand  eleven. For
proceedings commenced on or after July first, two thousand  eleven,  the
deregulation rent threshold means two thousand five hundred dollars. FOR
PROCEEDINGS  COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE
DEREGULATION RENT THRESHOLD MEANS TWO THOUSAND FIVE HUNDRED DOLLARS  FOR
ALL  HOUSING  ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHATTAN
AND TWO THOUSAND SIX HUNDRED  DOLLARS  OR  MORE  PER  MONTH  WITHIN  THE
BOROUGH  OF  MANHATTAN. NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS OF
THIS PARAGRAPH THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT
THAT WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE  BOROUGH
OF MANHATTAN FROM THE PROVISIONS OF THIS ACT: (I) AN ADJUSTMENT IN LEGAL
REGULATED  RENT  FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER
FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SIXTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN  ORDER  OF  THE  RENT
GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE  JURISDICTION  OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY
LEGALLY REGULATED RENT FOR SUCH PERIOD  AND  SHALL  NOT  RESULT  IN  THE
EXCLUSION  OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS ACT
PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW  OF  NINETEEN
HUNDRED  SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE
AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN
INCREASE THAT IS THE RESULT OF SUCH ORDER; (II) AN ADJUSTMENT  IN  LEGAL
REGULATED  RENT  FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER
FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SEVENTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF  THE  RENT
GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE  JURISDICTION  OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY
LEGALLY REGULATED RENT FOR SUCH PERIOD  AND  SHALL  NOT  RESULT  IN  THE
EXCLUSION  OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS ACT
PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW  OF  NINETEEN
HUNDRED  SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE
AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN
INCREASE THAT IS THE RESULT OF SUCH ORDER; AND (III)  AN  ADJUSTMENT  IN
LEGAL  REGULATED  RENT  FOR  ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER
OCTOBER FIRST, TWO THOUSAND SEVENTEEN AND  ENDING  SEPTEMBER  THIRTIETH,
TWO  THOUSAND  EIGHTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER
OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL  ONE-YEAR  RENEWAL
LEASES  WITHIN THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE
ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT
IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM  THE  PROVISIONS  OF
THIS  ACT  PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF
NINETEEN HUNDRED  SIXTY-NINE  UNLESS  UPON  ANY  OTHER  LEGALLY  ADOPTED
ADJUSTMENT  THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT
INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER.
  S 4. Paragraph 3 of subdivision (a) of section 2-a of chapter  274  of
the  laws  of 1946, constituting the emergency housing rent control law,
as added by section 32 of part B of chapter 97 of the laws of  2011,  is
amended to read as follows:
  3.   Deregulation  rent  threshold  means  two  thousand  dollars  for
proceedings commenced prior to July  first,  two  thousand  eleven.  For
proceedings  commenced  on or after July first, two thousand eleven, the
deregulation rent threshold means two  thousand  five  hundred  dollars.
FOR  PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN,
THE DEREGULATION RENT THRESHOLD MEANS TWO THOUSAND FIVE HUNDRED  DOLLARS
FOR ALL HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHAT-

S. 6009                             7

TAN  AND  TWO  THOUSAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE
BOROUGH OF MANHATTAN. NOTWITHSTANDING THE AFOREMENTIONED  PROVISIONS  OF
THIS PARAGRAPH THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT
THAT  WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH
OF MANHATTAN FROM THE PROVISIONS OF THIS LAW: (I) AN ADJUSTMENT IN LEGAL
REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR  AFTER  OCTOBER
FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SIXTEEN,  WHERE  SUCH  ADJUSTMENT  IS THE RESULT OF AN ORDER OF THE RENT
GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED  TO  ANY
LEGALLY  REGULATED  RENT  FOR  SUCH  PERIOD  AND SHALL NOT RESULT IN THE
EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS  LAW
PURSUANT  TO  SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN
HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT  THE
AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN
INCREASE  THAT  IS THE RESULT OF SUCH ORDER; (II) AN ADJUSTMENT IN LEGAL
REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR  AFTER  OCTOBER
FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SEVENTEEN,  WHERE  SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT
GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED  TO  ANY
LEGALLY  REGULATED  RENT  FOR  SUCH  PERIOD  AND SHALL NOT RESULT IN THE
EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS  LAW
PURSUANT  TO  SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN
HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT  THE
AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN
INCREASE  THAT  IS  THE RESULT OF SUCH ORDER; AND (III) AN ADJUSTMENT IN
LEGAL REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED  INTO  ON  OR  AFTER
OCTOBER  FIRST,  TWO  THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH,
TWO THOUSAND EIGHTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF  AN  ORDER
OF  THE  RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL
LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY  BE
ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT
IN  THE  EXCLUSION  OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF
THIS LAW PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION  LAW  OF
NINETEEN  HUNDRED  SIXTY-NINE  UNLESS  UPON  ANY  OTHER  LEGALLY ADOPTED
ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH  RENT
INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER.
  S  5. Paragraph 3 of subdivision (a) of section 26-403.1 of the admin-
istrative code of the city of New York, as added by section 34 of part B
of chapter 97 of the laws of 2011, is amended to read as follows:
  3.  Deregulation  rent  threshold  means  two  thousand  dollars   for
proceedings  commenced  before  July  first,  two  thousand  eleven. For
proceedings commenced on or after July first, two thousand  eleven,  the
deregulation rent threshold means two thousand five hundred dollars. FOR
PROCEEDINGS  COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE
DEREGULATION RENT THRESHOLD MEANS TWO THOUSAND FIVE HUNDRED DOLLARS  FOR
ALL  HOUSING  ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHATTAN
AND TWO THOUSAND SIX HUNDRED  DOLLARS  OR  MORE  PER  MONTH  WITHIN  THE
BOROUGH  OF  MANHATTAN. NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS OF
THIS PARAGRAPH THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT
THAT WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE  BOROUGH
OF MANHATTAN FROM THE PROVISIONS OF THIS LAW: (I) AN ADJUSTMENT IN LEGAL
REGULATED  RENT  FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER
FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SIXTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN  ORDER  OF  THE  RENT

S. 6009                             8

GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE  JURISDICTION  OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY
LEGALLY REGULATED RENT FOR SUCH PERIOD  AND  SHALL  NOT  RESULT  IN  THE
EXCLUSION  OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW
PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW  OF  NINETEEN
HUNDRED  SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE
AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN
INCREASE THAT IS THE RESULT OF SUCH ORDER; (II) AN ADJUSTMENT  IN  LEGAL
REGULATED  RENT  FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER
FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SEVENTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF  THE  RENT
GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE  JURISDICTION  OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY
LEGALLY REGULATED RENT FOR SUCH PERIOD  AND  SHALL  NOT  RESULT  IN  THE
EXCLUSION  OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW
PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW  OF  NINETEEN
HUNDRED  SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE
AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN
INCREASE THAT IS THE RESULT OF SUCH ORDER; AND (III)  AN  ADJUSTMENT  IN
LEGAL  REGULATED  RENT  FOR  ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER
OCTOBER FIRST, TWO THOUSAND SEVENTEEN AND  ENDING  SEPTEMBER  THIRTIETH,
TWO  THOUSAND  EIGHTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER
OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL  ONE-YEAR  RENEWAL
LEASES  WITHIN THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE
ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT
IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM  THE  PROVISIONS  OF
THIS  LAW  PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF
NINETEEN HUNDRED  SIXTY-NINE  UNLESS  UPON  ANY  OTHER  LEGALLY  ADOPTED
ADJUSTMENT  THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT
INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER.
  S 6. Paragraph 3 of subdivision (a) of section 26-504.3 of the  admin-
istrative code of the city of New York, as added by section 36 of part B
of chapter 97 of the laws of 2011, is amended to read as follows:
  3.   Deregulation  rent  threshold  means  two  thousand  dollars  for
proceedings commenced  before  July  first,  two  thousand  eleven.  For
proceedings  commenced  on or after July first, two thousand eleven, the
deregulation rent threshold means two thousand five hundred dollars. FOR
PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN,  THE
DEREGULATION  RENT THRESHOLD MEANS TWO THOUSAND FIVE HUNDRED DOLLARS FOR
ALL HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH  OF  MANHATTAN
AND  TWO  THOUSAND  SIX  HUNDRED  DOLLARS  OR  MORE PER MONTH WITHIN THE
BOROUGH OF MANHATTAN.  NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS  OF
THIS PARAGRAPH THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT
THAT  WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH
OF MANHATTAN FROM THE PROVISIONS OF THIS LAW: (I) AN ADJUSTMENT IN LEGAL
REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR  AFTER  OCTOBER
FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND
SIXTEEN,  WHERE  SUCH  ADJUSTMENT  IS THE RESULT OF AN ORDER OF THE RENT
GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN
THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED  TO  ANY
LEGALLY  REGULATED  RENT  FOR  SUCH  PERIOD  AND SHALL NOT RESULT IN THE
EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS  LAW
PURSUANT  TO  SECTION  26-504.2  OF  THIS  CHAPTER UNLESS UPON ANY OTHER
LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF  SUCH  RENT  WOULD  EXCEED  THE
AMOUNT  OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH
ORDER; (II) AN ADJUSTMENT IN LEGAL REGULATED RENT FOR ANY LEASE RENEWAL,

S. 6009                             9

ENTERED INTO ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN AND  ENDING
SEPTEMBER  THIRTIETH,  TWO  THOUSAND SEVENTEEN, WHERE SUCH ADJUSTMENT IS
THE RESULT OF AN ORDER OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO
ALL ONE-YEAR RENEWAL LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING
SUCH  PERIOD, MAY BE ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD
AND SHALL NOT RESULT IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM
THE PROVISIONS OF THIS LAW PURSUANT TO SECTION 26-504.2 OF THIS  CHAPTER
UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF SUCH RENT
WOULD  EXCEED  THE  AMOUNT OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS
THE RESULT OF SUCH ORDER; AND (III) AN  ADJUSTMENT  IN  LEGAL  REGULATED
RENT  FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER FIRST, TWO
THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH,  TWO  THOUSAND  EIGH-
TEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT GUIDE-
LINES  BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN THE
JURISDICTION OF SUCH BOARD DURING SUCH  PERIOD,  MAY  BE  ADDED  TO  ANY
LEGALLY  REGULATED  RENT  FOR  SUCH  PERIOD  AND SHALL NOT RESULT IN THE
EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS  LAW
PURSUANT  TO  SECTION  26-504.2  OF  THIS  CHAPTER UNLESS UPON ANY OTHER
LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF  SUCH  RENT  WOULD  EXCEED  THE
AMOUNT  OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH
ORDER.
  S 7. This act shall take effect immediately;  provided  however,  that
the  amendments to sections 26-511 and 26-504.3 of chapter 4 of title 26
of the administrative code of the city of New York made by sections  one
and  six  of  this act shall expire on the same date as such law expires
and shall not affect the  expiration  of  such  law  as  provided  under
section  26-520 of such law; and provided that the amendments to section
4 of the emergency tenant protection act of nineteen  seventy-four  made
by  sections  two and three of this act shall expire on the same date as
such act expires and shall not affect the  expiration  of  such  act  as
provided  in section 17 of chapter 576 of the laws of 1974; and provided
that the amendments to section 2-a of the emergency housing rent control
law made by section four of this act shall expire on the  same  date  as
such  law  expires  and  shall  not affect the expiration of such law as
provided in subdivision 2 of section 1 of chapter 274  of  the  laws  of
1946;  and  provided that the amendments to section 26-403.1 of the city
rent and rehabilitation law made by  section  five  of  this  act  shall
remain  in  full  force  and effect only as long as the public emergency
requiring the regulation and control of residential rents and  evictions
continues,  as provided in subdivision 3 of section 1 of the local emer-
gency housing rent control act.

                                SUBPART C

  Section 1. Section 14 of the public housing law is amended by adding a
new subdivision 7 to read as follows:
  7. (A) NOTWITHSTANDING ANY PROVISION  OF  LAW  TO  THE  CONTRARY,  THE
COMMISSIONER  SHALL ESTABLISH A SYSTEM TO IDENTIFY AND VERIFY QUALIFICA-
TION OF ANY LESSEE ENTERING INTO OR RENEWING A LEASE  FOR  AN  APARTMENT
SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR,
THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY
HOUSING  RENT  CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT, AND
TO DOCUMENT AND RETAIN A RECORD OF EVERY  SUCH  LESSEE  AND  EVERY  SUCH
APARTMENT THAT IS SUBJECT TO SUCH PROVISIONS.
  (B) SUCH SYSTEM SHALL REQUIRE THE SUBMISSION OF INFORMATION, IN A FORM
AND  MANNER  DETERMINED BY THE COMMISSIONER, BY ANY OWNER, WITHIN NINETY

S. 6009                            10

DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO IDENTIFY AND CATALOGUE
EACH APARTMENT, OWNED AND MAINTAINED BY SUCH OWNER, THAT IS  SUBJECT  TO
THE  EMERGENCY  TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT
STABILIZATION  LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING
RENT CONTROL LAW AND THE LOCAL  EMERGENCY  RENT  CONTROL  ACT,  AND  ANY
LESSEE  CURRENTLY  RESIDING  IN  SUCH  APARTMENT.  SUCH SUBMISSION SHALL
INCLUDE: ADDRESS, INCLUDING APARTMENT NUMBER, NUMBER OF BEDROOMS; SQUARE
FOOTAGE; AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE  COMMISSIONER
TO  IDENTIFY SUCH APARTMENT. SUCH SUBMISSION SHALL ALSO CONTAIN INFORMA-
TION IDENTIFYING THE CURRENT LESSEE OF THE APARTMENT, IF SUCH  APARTMENT
IS  LEASED, OR RESIDENT OF SUCH APARTMENT INCLUDING: FULL NAME; TERMS OF
THE LEASE; AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSION-
ER TO IDENTIFY SUCH LESSEE. UPON  THE  SUBMISSION  AND  REVIEW  OF  SUCH
INFORMATION,  THE  COMMISSIONER SHALL MAINTAIN A DATABASE CONTAINING ALL
SUCH INFORMATION SO SUBMITTED IDENTIFYING EVERY SUCH APARTMENT  AND  ANY
LESSEE OR RESIDENT OF SUCH APARTMENT.
  (C)  AFTER  THE  COMPLETION  OF  THE PERIOD FOR SUBMISSION PURSUANT TO
PARAGRAPH (B) OF THIS SUBDIVISION, SUCH INFORMATION SHALL BE SHARED WITH
THE NEW YORK STATE  DEPARTMENT  OF  TAXATION  AND  FINANCE  PURSUANT  TO
SECTION ONE HUNDRED SEVENTY-ONE-Z OF THE TAX LAW.
  (D)  ANY FINDINGS PURSUANT TO SECTION ONE HUNDRED SEVENTY-ONE-Z OF THE
TAX LAW THAT A LESSEE OR RESIDENT OF ANY SUCH APARTMENT DOES NOT SATISFY
ANY INCOME ELIGIBILITY OR RESIDENCY REQUIREMENTS PRESCRIBED BY THE EMER-
GENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT  STABILI-
ZATION  LAW  OF  NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING RENT
CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT FOR THE  APPLICABLE
INCOME  TAX  YEAR SHALL RESULT IN A WRITTEN NOTICE WITHIN THIRTY DAYS OF
SUCH FINDING, BY THE COMMISSIONER TO THE OWNER OF SUCH APARTMENT OF SUCH
A FINDING.
  (E) ANY FINDINGS PURSUANT TO SECTION ONE HUNDRED SEVENTY-ONE-Z OF  THE
TAX  LAW  THAT  THE  ELIGIBILITY OF SUCH LESSEE CANNOT BE VERIFIED SHALL
RESULT, WITHIN SIXTY DAYS OF SUCH FINDING, OF A AUDIT,  CONDUCTED  IN  A
FORM  AND  MANNER PRESCRIBED BY THE COMMISSIONER IN COOPERATION WITH THE
NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,  OF  SUCH  LESSEE  OR
RESIDENT  TO VERIFY SUCH LESSEE OR RESIDENT QUALIFIES TO LEASE AN APART-
MENT SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF  NINETEEN  SEVEN-
TY-FOUR,  THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE
EMERGENCY HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT  CONTROL
ACT.  UPON  THE  COMPLETION  OF AN AUDIT PURSUANT TO THIS PARAGRAPH THAT
RESULTS IN A FINDING THAT A LESSEE OR RESIDENT  OF  ANY  SUCH  APARTMENT
DOES  NOT  SATISFY  ANY  INCOME  ELIGIBILITY  OR  RESIDENCY REQUIREMENTS
PRESCRIBED  BY  THE  EMERGENCY  TENANT  PROTECTION   ACT   OF   NINETEEN
SEVENTY-FOUR, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE,
THE  EMERGENCY  HOUSING  RENT  CONTROL  LAW AND THE LOCAL EMERGENCY RENT
CONTROL ACT FOR THE APPLICABLE INCOME TAX YEAR, THE  COMMISSIONER  SHALL
PROVIDE WRITTEN NOTICE, WITHIN THIRTY DAYS OF SUCH FINDING, TO THE OWNER
OF SUCH APARTMENT NOTIFYING SUCH OWNER OF SUCH FINDING.
  (F)  THE COMMISSIONER SHALL, PERIODICALLY, REQUIRE FURTHER SUBMISSIONS
CONSISTENT WITH THIS SUBDIVISION  TO  UPDATE  ANY  SUCH  INFORMATION  SO
RETAINED.
  (G)  NOTWITHSTANDING  ANY  PROVISION  TO THE CONTRARY, ANY INFORMATION
RETAINED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVISION SHALL  NOT  BE
SUBJECT  TO  DISCLOSURE  PURSUANT  TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW.
  S 2. The tax law is amended by adding a new section 171-z to  read  as
follows:

S. 6009                            11

  S 171-Z. INCOME VERIFICATION FOR ANY RESIDENT SUBJECT TO THE EMERGENCY
TENANT  PROTECTION  ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILIZATION
LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING  RENT  CONTROL
LAW  AND  THE LOCAL EMERGENCY RENT CONTROL ACT. (1) THE DEPARTMENT SHALL
ENTER  INTO AN AGREEMENT WITH THE NEW YORK STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL, HEREINAFTER REFERRED TO AS THE DIVISION,  TO  VERIFY,
TO  THE EXTENT PRACTICABLE, WHETHER A LESSEE OR RESIDENT OF AN APARTMENT
SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR,
THE RENT STABILIZATION OF LAW OF NINETEEN HUNDRED SIXTY-NINE, THE  EMER-
GENCY  HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT
MEET ANY INCOME ELIGIBILITY AND  RESIDENCY  REQUIREMENTS  PRESCRIBED  BY
SUCH  LAWS FOR THE APPLICABLE INCOME TAX YEAR, BEGINNING WITH THE INCOME
TAX YEAR ENDING IN TWO THOUSAND FIFTEEN. SUCH  AGREEMENT  SHALL  INCLUDE
PROVISIONS  ASSOCIATED  WITH  THE SHARING OF INFORMATION RETAINED BY THE
DIVISION PURSUANT TO SUBDIVISION SEVEN OF SECTION FOURTEEN OF THE PUBLIC
HOUSING LAW.
  (2) THE DEPARTMENT SHALL ADVISE THE DIVISION OF ITS FINDINGS,  STATING
IN EACH CASE EITHER THAT SUCH LESSEE OR RESIDENT DOES OR DOES NOT SATIS-
FY ANY SUCH REQUIREMENTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR
THAT  THE  ELIGIBILITY  OF  SUCH  LESSEE OR RESIDENT CANNOT BE VERIFIED,
WHICHEVER IS APPROPRIATE. THE DEPARTMENT SHALL  NOT  PROVIDE  ANY  OTHER
INFORMATION ABOUT THE INCOME OF SUCH LESSEE TO THE DIVISION.
  (3)  FURTHER  VERIFICATIONS MAY OCCUR AFTER THE TAX YEAR PRESCRIBED IN
SUBDIVISION ONE OF THIS SECTION AS DETERMINED  IN  CONJUNCTION  WITH  AN
AGREEMENT BETWEEN THE COMMISSIONER AND THE DIVISION.
  (4) THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW SHALL NOT
APPLY TO ANY INFORMATION THAT THE DEPARTMENT OBTAINS FROM OR PROVIDES TO
THE DIVISION PURSUANT TO THIS SECTION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                SUBPART D

  Section 1. Section 10 of the public housing law, as amended by chapter
398 of the laws of 1961, is amended to read as follows:
  S 10. Division of housing and community renewal. 1. There shall be  in
the  executive  department  a division of housing and community renewal.
Reference in this chapter or in any other general, special or local  law
to  the  division  of  housing  shall be deemed to mean and refer to the
division of housing and community renewal which is hereby made  the  new
title of such division.
  2.  THE  DIVISION  OF  HOUSING  AND COMMUNITY RENEWAL IS AUTHORIZED TO
ESTABLISH A TENANT PROTECTION UNIT.    THE  COMMISSIONER,  THROUGH  SUCH
UNIT, SHALL HAVE THE FOLLOWING POWERS:
  (A)  TO  CONDUCT  AUDITS AND HEARINGS THEREON TO REVIEW RENT INCREASES
RESULTING FROM INDIVIDUAL APARTMENT IMPROVEMENTS AUTHORIZED PURSUANT  TO
PARAGRAPH THIRTEEN OF SUBDIVISION C OF SECTION 26-511 OF THE ADMINISTRA-
TIVE CODE OF THE CITY OF NEW YORK OR PARAGRAPH ONE OF SUBDIVISION (D) OF
SECTION  SIX OF THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
FOUR. SUCH AUDITS MAY REQUIRE THE PRODUCTION OF BOOKS, PAPERS,  RECORDS,
CONTRACTS,  CHECKS OR ANY OTHER DOCUMENTS RELEVANT AND MATERIAL TO INDI-
VIDUAL APARTMENT IMPROVEMENTS. ANY AUDIT SHALL BE LIMITED TO THOSE INDI-
VIDUAL APARTMENT IMPROVEMENTS FOR WHICH RENT  INCREASES  RESULTING  FROM
SUCH  IMPROVEMENTS  TOOK EFFECT WITHIN THREE CALENDAR YEARS PRIOR TO THE
DATE OF THE NOTICE OF THE AUDIT;

S. 6009                            12

  (B) TO AUDIT COMPLIANCE  BY  OWNERS  OF  HOUSING  ACCOMMODATIONS  WITH
RESPECT  TO  ANNUAL REGISTRATION REQUIREMENTS PURSUANT TO SECTION 26-517
OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND SECTION  TWELVE-A
OF THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR; AND
  (C)  TO  INVESTIGATE,  ADMINISTER  OATHS,  ISSUE  SUBPOENAS  AND  MAKE
INSPECTIONS UPON THE RECEIPT OF  A  TENANT  COMPLAINT  THAT  ESTABLISHES
REASONABLE  CAUSE  TO  BELIEVE  THAT  VIOLATIONS OF THE EMERGENCY TENANT
PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILIZATION  LAW  OF
NINETEEN  HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING RENT CONTROL LAW AND
THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT HAVE OCCURRED.
  3. (A) FOR THE PURPOSES OF THIS SECTION, THE SELECTION OF AN  INDIVID-
UAL APARTMENT IMPROVEMENT FOR AUDIT SHALL BE CONDUCTED ON A RANDOM BASIS
BY  THE  TENANT  PROTECTION UNIT FROM AMONG THOSE IMPROVEMENTS FOR WHICH
RENT INCREASES WHICH TOOK EFFECT WITHIN THREE CALENDAR  YEARS  PRIOR  TO
THE  DATE OF NOTICE OF SUCH AUDIT. ANY SUCH SELECTION SHALL BE DONE IN A
MANNER SUCH THAT THE IDENTITY OF THE OWNER  WHOSE  INDIVIDUAL  APARTMENT
IMPROVEMENT  IS  SELECTED FOR AUDIT IS NOT KNOWN TO SUCH UNIT. THE DIVI-
SION OF HOUSING  AND  COMMUNITY  RENEWAL  SHALL  PROMULGATE  REGULATIONS
SETTING  FORTH ITS METHODOLOGY FOR THE CONDUCT OF SUCH RANDOM AUDITS AND
TO ENSURE THAT  INDIVIDUAL  APARTMENT  IMPROVEMENTS  ARE  AUDITED  IN  A
UNIFORM AND CONSISTENT MANNER.
  (B) NOTWITHSTANDING THE FOREGOING, THE TENANT PROTECTION UNIT SHALL BE
AUTHORIZED  UPON  A  FINDING  OF  FRAUD OR INTENTIONAL MISCONDUCT IN THE
CALCULATION OF RENT INCREASES TO EXPAND THE SCOPE OF ITS AUDIT TO  OTHER
UNITS  OWNED  BY  A COMMON OWNER OR TO EXTEND THE PERIOD OF TIME FOR THE
AUDIT.
  (C) THE OWNER OF SUCH HOUSING ACCOMMODATION  SHALL  BE  PROVIDED  WITH
NOTICE  OF THE AUDIT AND HEARING THEREON. THE OWNER SHALL, AT A MINIMUM,
BE PROVIDED WITH THE REASONABLE OPPORTUNITY TO RESPOND AT  LEAST  THIRTY
DAYS  PRIOR TO A HEARING DATE WHERE THE OWNER, AT HIS OR HER OPTION, HAS
AN OPPORTUNITY TO BE HEARD  IN-PERSON,  PRESENT  WITNESSES,  AND  SUBMIT
EVIDENCE.  SUCH  OWNER  SHALL  BE  ENTITLED  TO  PROVIDE  BOOKS, PAPERS,
RECORDS, CONTRACTS, CHECKS OR ANY OTHER  DOCUMENTS  IN  SUPPORT  OF  AND
RELATING TO THE RENT INCREASE AND THE INDIVIDUAL APARTMENT IMPROVEMENT.
  (D)  AFTER  SUCH  HEARING,  THE TENANT PROTECTION UNIT SHALL DETERMINE
WHETHER THE CORRECT AMOUNT OF RENT INCREASE RESULTING FROM AN INDIVIDUAL
APARTMENT IMPROVEMENT WAS CHARGED AND COLLECTED BY THE OWNER. WHERE  THE
TENANT  PROTECTION  UNIT  DETERMINES  THAT  SUCH  CORRECT AMOUNT WAS NOT
CHARGED AND COLLECTED BY THE OWNER, THE OWNER SHALL  BE  LIABLE  TO  THE
TENANT  FOR SUCH TOTAL AMOUNT, PLUS INTEREST. THE TENANT PROTECTION UNIT
SHALL INFORM THE OWNER, IN WRITING, VIA CERTIFIED MAIL,  NO  LATER  THAN
THIRTY  CALENDAR DAYS AFTER SUCH HEARING, WHETHER THE CORRECT AMOUNT WAS
CHARGED AND COLLECTED.
  (E) ANY DETERMINATION BY THE TENANT PROTECTION UNIT SHALL  BE  SUBJECT
TO  A  PETITION  FOR ADMINISTRATIVE REVIEW BY THE DEPUTY COMMISSIONER OF
THE OFFICE OF RENT ADMINISTRATION WHICH SHALL  ISSUE  A  FINAL  DETERMI-
NATION.  THE  DIVISION  OF HOUSING AND COMMUNITY RENEWAL SHALL, BY REGU-
LATION, PROVIDE FOR THE  ADMINISTRATIVE  REVIEW  OF  ALL  DETERMINATIONS
ISSUED  BY  THE TENANT PROTECTION UNIT PURSUANT TO THIS SECTION. A PETI-
TION FOR SUCH REVIEW SHALL BE DISPOSED OF BY A FINAL DETERMINATION WITH-
IN NINETY DAYS AFTER IT IS FILED, OR IT SHALL BE DEEMED  TO  BE  DENIED.
PROVIDED,  HOWEVER,  SUCH REGULATION SHALL PROVIDE FOR ONE EXTENSION NOT
TO EXCEED THIRTY DAYS UPON THE CONSENT OF THE PARTY  FILING  SUCH  PETI-
TION.  A  FINAL  DETERMINATION  OR A PRESUMPTIVE DENIAL BY THE OFFICE OF
RENT ADMINISTRATION SHALL BE SUBJECT  TO  JUDICIAL  REVIEW  PURSUANT  TO
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.

S. 6009                            13

  (F)  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW, A DETERMINATION
PURSUANT TO THIS SECTION  THAT  THE  CORRECT  AMOUNT  OF  RENT  INCREASE
RESULTING  FROM  AN INDIVIDUAL APARTMENT IMPROVEMENT WAS NOT CHARGED AND
COLLECTED BY THE OWNER SHALL CONSTITUTE THE SOLE  AND  EXCLUSIVE  REMEDY
FOR  ANY  AND  ALL  CLAIMS BY THE DIVISION OR THE TENANT OF SUCH HOUSING
ACCOMMODATION RELATING TO SUCH INCREASE AND ANY SUCH DETERMINATION SHALL
PRECLUDE ANY OTHER ADMINISTRATIVE OR JUDICIAL ACTIONS OR PROCEEDINGS  BY
THE  DIVISION  OR  SUCH  TENANT  ARISING  FROM  OR RELATING TO SUCH RENT
INCREASE OR SUCH IMPROVEMENT; PROVIDED FURTHER THAT A SHORTFALL  IN  THE
AMOUNT  THAT WAS CHARGED MAY RESULT IN AN IMMEDIATE INCREASE, COMMENCING
FROM THE DATE OF THE FINDING.
  (G) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH  AND
MAKE  PUBLICLY  AVAILABLE GUIDELINES AND BEST PRACTICES REGARDING PROPER
RECORD RETENTION AND DOCUMENTATION PROCEDURES FOR OWNERS WHO HAVE OR MAY
INTEND TO PERFORM IMPROVEMENTS THAT MAY BE SUBJECT TO AUDIT PURSUANT  TO
THIS  SECTION.  SUCH GUIDELINES SHALL ALSO SET FORTH A FORM AFFIDAVIT BY
WHICH OWNERS MAY ATTEST  TO  THE  PERFORMANCE  OF  INDIVIDUAL  APARTMENT
IMPROVEMENTS IN THOSE INSTANCES WHERE THE DOCUMENTATION RELATING TO SUCH
IMPROVEMENTS  IS UNAVAILABLE, INCLUDING BUT NOT LIMITED TO, BECAUSE SUCH
DOCUMENTS WERE DAMAGED OR DESTROYED BY FIRE, FLOOD OR ANY  OTHER  CAUSE,
BECAUSE  THEY WERE NOT PROVIDED TO THE CURRENT OWNER BY THE PRIOR OWNER,
OR FOR ANY OTHER REASON ATTESTED TO IN GOOD FAITH.
  (H) THE TENANT PROTECTION UNIT SHALL ALSO CREATE,  MAINTAIN  AND  MAKE
PUBLICLY  AVAILABLE  A SCHEDULE ESTABLISHING PERIODS OF PROBABLE USEFUL-
NESS FOR INDIVIDUAL APARTMENT IMPROVEMENTS.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law; provided however the division of housing and communi-
ty  renewal  is  authorized  and  directed to promulgate rules and regu-
lations necessary for the implementation of this act on or  before  such
date.

                                SUBPART E

  Section  1.  Paragraphs  1 and 2 of subdivision c of section 26-516 of
the administrative code of the city of New York, as amended by section 1
of chapter 480 of the laws of 2009, are amended to read as follows:
  (1) to have violated an order of the  division  the  commissioner  may
impose  by  administrative  order after hearing, a civil penalty [in the
amount of one thousand dollars for the first such offense  and  two]  AT
MINIMUM  IN  THE  AMOUNT  OF ONE THOUSAND BUT NOT TO EXCEED TWO THOUSAND
DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT A MINIMUM IN  THE  AMOUNT  OF
TWO  THOUSAND  BUT  NOT TO EXCEED THREE thousand dollars for each subse-
quent offense; or
  (2) to have harassed a tenant to obtain vacancy of his or her  housing
accommodation, the commissioner may impose by administrative order after
hearing,  a  civil penalty for any such violation. Such penalty shall be
[in the amount of two thousand dollars for a first such offense  and  up
to  ten]  AT  A  MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED
THREE THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED  ELEVEN  thousand  dollars  for
each  subsequent  offense  or  for  a  violation  consisting  of conduct
directed at the tenants of more than one housing accommodation.
  S 2. Paragraph 2 of subdivision c of section 26-516 of the administra-
tive code of the city of New York, as amended by section  2  of  chapter
480 of the laws of 2009, is amended to read as follows:

S. 6009                            14

  (2)  to have harassed a tenant to obtain vacancy of his or her housing
accommodation, the commissioner may impose by administrative order after
hearing, a civil penalty for any such violation. Such penalty  shall  be
[in  the  amount of two thousand dollars for a first such offense and up
to ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE
THOUSAND  DOLLARS  FOR  THE  FIRST SUCH OFFENSE, AND AT A MINIMUM IN THE
AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED  ELEVEN  thousand  dollars  for
each  subsequent  offense  or  for  a  violation  consisting  of conduct
directed at the tenants of more than one housing accommodation.
  S 3. Subparagraph (a) of paragraph  2  of  subdivision  b  of  section
26-413 of the administrative code of the city of New York. as amended by
section  3  of  chapter  480  of the laws of 2009, is amended to read as
follows:
  (a) Impose by administrative order after hearing, a civil penalty  for
any violation of said section and bring an action to recover same in any
court of competent jurisdiction. Such penalty in the case of a violation
of subdivision d of such section shall be [in the amount of two thousand
dollars  for  the first offense and ten] AT MINIMUM IN THE AMOUNT OF TWO
THOUSAND BUT NOT TO EXCEED THREE THOUSAND DOLLARS  FOR  THE  FIRST  SUCH
OFFENSE,  AND AT MINIMUM IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED
ELEVEN thousand dollars for each subsequent offense or for  a  violation
consisting  of  conduct directed at the tenants of more than one housing
accommodation; and in the case of any other violation  of  such  section
[in  the  amount  of one thousand dollars for the first such offense and
two] AT MINIMUM IN THE AMOUNT OF ONE THOUSAND  BUT  NOT  TO  EXCEED  TWO
THOUSAND  DOLLARS  FOR  THE  FIRST  SUCH  OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each
subsequent offense. Such order by the city rent agency shall be deemed a
final determination for the purposes of judicial review as  provided  in
section  26-411  of this chapter. Such action shall be brought on behalf
of the city and any amount recovered shall be paid into the city  treas-
ury.  Such  right  of action may be released, compromised or adjusted by
the city rent agency at any time subsequent  to  the  issuance  of  such
administrative order.
  S  4.  Subparagraph  (a)  of  paragraph  2 of subdivision b of section
26-413 of the administrative code of the city of New York, as amended by
section 4 of chapter 480 of the laws of 2009,  is  amended  to  read  as
follows:
  (a)  Impose by administrative order after hearing, a civil penalty for
any violation of said section and bring an action to recover same in any
court of competent jurisdiction. Such penalty in the case of a violation
of subdivision d of such section shall be [in the amount of two thousand
dollars for a first such offense and ten] AT MINIMUM IN  THE  AMOUNT  OF
TWO THOUSAND BUT NOT TO EXCEED THREE THOUSAND DOLLARS FOR THE FIRST SUCH
OFFENSE,  AND AT MINIMUM IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED
ELEVEN thousand dollars for each subsequent offense or for  a  violation
consisting  of  conduct directed at the tenants of more than one housing
accommodation; and in the case of any other violation  of  such  section
[in  the  amount  of one thousand dollars for the first such offense and
two] AT MINIMUM IN THE AMOUNT OF ONE THOUSAND  BUT  NOT  TO  EXCEED  TWO
THOUSAND  DOLLARS  FOR  THE  FIRST  SUCH  OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each
subsequent offense. Such order by the city rent agency shall be deemed a
final determination for the purposes of judicial review as  provided  in
section  26-411  of this chapter. Such action shall be brought on behalf
of the city and any amount recovered shall be paid into the city  treas-

S. 6009                            15

ury.  Such  right  of action may be released, compromised or adjusted by
the city rent agency at any time subsequent  to  the  issuance  of  such
administrative order.
  S  5.  Clauses (i) and (ii) of paragraph 3 of subdivision a of section
12 of section 4 of chapter 576 of the  laws  of  1974  constituting  the
emergency  tenant protection act of nineteen seventy-four, as amended by
section 5 of chapter 480 of the laws of 2009, are  amended  to  read  as
follows:
  (i)  to  have  violated  an order of the division the commissioner may
impose by administrative order after hearing, a civil  penalty  [in  the
amount  of  one  thousand dollars for the first such offense and two] AT
MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT  TO  EXCEED  TWO  THOUSAND
DOLLARS  FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE AMOUNT OF TWO
THOUSAND BUT NOT TO EXCEED THREE thousand dollars  for  each  subsequent
offense; or
  (ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation,  the  commissioner  may  impose  by administrative order after
hearing, a civil penalty for any such violation. Such penalty  shall  be
in  [the  amount  of two thousand dollars for the first such offense and
ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT  TO  EXCEED  THREE
THOUSAND  DOLLARS  FOR  THE  FIRST  SUCH  OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED  ELEVEN  thousand  dollars  for
each  subsequent  offense  or  for  a  violation  consisting  of conduct
directed at the tenants of more than one housing accommodation.
  S 6. Clause (ii) of paragraph 3 of subdivision  a  of  section  12  of
section  4 of chapter 576 of the laws of 1974 constituting the emergency
tenant protection act of nineteen seventy-four, as amended by section  6
of chapter 480 of the laws of 2009, is amended to read as follows:
  (ii) to have harassed a tenant to obtain vacancy of his housing accom-
modation,  the  commissioner  may  impose  by administrative order after
hearing, a civil penalty for any such violation. Such penalty  shall  be
[in  the  amount  of two thousand dollars for the first such offense and
ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT  TO  EXCEED  THREE
THOUSAND  DOLLARS  FOR  THE  FIRST  SUCH  OFFENSE, AND AT MINIMUM IN THE
AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED  ELEVEN  thousand  dollars  for
each  subsequent  offense  or  for  a  violation  consisting  of conduct
directed at the tenants of more than one housing accommodation.
  S 7. This act shall take effect immediately; provided, however, that:
  1. the amendments to section 26-516 of chapter 4 of title  26  of  the
administrative code of the city of New York made by sections one and two
of  this act shall expire on the same date as such law expires and shall
not affect the expiration of such law as provided under  section  26-520
of such law;
  2.  the amendments to section 4 of the emergency tenant protection act
of nineteen seventy-four made by sections five and six of this act shall
expire on the same date as such act expires and  shall  not  affect  the
expiration  of  such act as provided in section 17 of chapter 576 of the
laws of 1974;
  3. the amendments to section 26-413 of the  city  rent  and  rehabili-
tation  law  made by sections three and four of this act shall remain in
full force and effect only as long as the public emergency requiring the
regulation and control of residential rents and evictions continues,  as
provided  in  subdivision  3 of section 1 of the local emergency housing
rent control act;
  4. the amendments to paragraph 2 of subdivision c of section 26-516 of
the administrative code of the city of New York made by section  one  of

S. 6009                            16

this  act shall be subject to the expiration and reversion of such para-
graph pursuant to section 46 of chapter 116 of  the  laws  of  1997,  as
amended,  when  upon such date the provisions of section two of this act
shall take effect;
  5.  the amendments to subparagraph (a) of paragraph 2 of subdivision b
of section 26-413 of the administrative code of the  city  of  New  York
made by section three of this act shall be subject to the expiration and
reversion  of such subparagraph pursuant to section 46 of chapter 116 of
the laws of 1997, as amended, when upon  such  date  the  provisions  of
section four of this act shall take effect; and
  6.  the  amendments  to clause (ii) of paragraph 3 of subdivision a of
section 12 of section 4 of chapter 576 of the laws of 1974  constituting
the  emergency  tenant  protection  act of nineteen seventy-four made by
section five of this act shall be subject to the expiration  and  rever-
sion of such clause pursuant to section 46 of chapter 116 of the laws of
1997,  as  amended, when upon such date the provisions of section six of
this act shall take effect.

                                SUBPART F

  Section 1. Section 4 of chapter 576 of the laws of  1974  constituting
the  emergency tenant protection act of nineteen seventy-four is amended
by adding a new section 5-b to read as follows:
  S 5-B. TENANCY. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ACT
OR THE PROVISIONS OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT,  NO  OWNER
OR ANY AGENT THEREOF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT
FOR  OCCUPANCY  OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT IF
THE OWNER OR ANY AGENT THEREOF HAS REASON TO KNOW THAT THE  TENANT  WILL
NOT OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, OR
THE  TENANT IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR-
PROFIT ENTITY, PROVIDED, HOWEVER, IF THE TENANT (I) IS A  NOT-FOR-PROFIT
CORPORATION,  PURSUANT  TO  THE  NOT-FOR-PROFIT CORPORATION LAW, THAT IS
SOLELY ENGAGED IN ACTIVITIES TO PROVIDE HOUSING AND  ADDITIONAL  SUPPORT
SERVICES, IF ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE POPULATION,
AS  DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMU-
NITY RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP  OR  OTHER  BUSINESS
THAT  IS PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON
PARTICIPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELLING  UNIT,  WHICH
SHALL  BE  OCCUPIED  AS  THE INDIVIDUAL'S PRIMARY RESIDENCE, AN OWNER OR
AGENT THEREOF MAY ENTER INTO A LEASE,  OR  OTHER  RENTAL  AGREEMENT  FOR
OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT.
  S  2.  Clause  (i)  of  paragraph  3 of subdivision a of section 12 of
section 4 of chapter 576 of the laws of 1974 constituting the  emergency
tenant  protection  act  of nineteen seventy-four, as amended by chapter
480 of the laws of 2009, is amended to read as follows:
  (i) to have violated an order of the division  OR  SECTION  FIVE-B  OF
THIS ACT the commissioner may impose by administrative order after hear-
ing, a civil penalty in the amount of one thousand dollars for the first
such offense and two thousand dollars for each subsequent offense; or
  S 3. Section 26-512 of the administrative code of the city of New York
is amended by adding a new subdivision g to read as follows:
  G. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR THE PROVISIONS
OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER OR ANY AGENT THERE-
OF  SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR OCCUPANCY OF
A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER IF THE  OWNER  OR
ANY AGENT THEREOF HAS REASON TO KNOW THAT THE TENANT WILL NOT OCCUPY THE

S. 6009                            17

HOUSING  ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, OR THE TENANT IS
A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR-PROFIT  ENTITY,
PROVIDED,  HOWEVER,  IF  THE TENANT (I) IS A NOT-FOR-PROFIT CORPORATION,
PURSUANT  TO  THE NOT-FOR-PROFIT CORPORATION LAW, THAT IS SOLELY ENGAGED
IN ACTIVITIES TO PROVIDE HOUSING AND  ADDITIONAL  SUPPORT  SERVICES,  IF
ANY,  TO  LOW-INCOME  OR VULNERABLE MEMBERS OF THE POPULATION, AS DETER-
MINED BY THE COMMISSIONER OF  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP OR OTHER BUSINESS THAT IS
PROVIDING  AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON PARTIC-
IPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELLING UNIT,  WHICH  SHALL
BE  OCCUPIED  AS  THE  INDIVIDUAL'S PRIMARY RESIDENCE, AN OWNER OR AGENT
THEREOF MAY ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR  OCCUPANCY
OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER.
  S 4. Paragraph 1 of subdivision c of section 26-516 of the administra-
tive code of the city of New York, as amended by chapter 480 of the laws
of 2009, is amended to read as follows:
  (1)  to  have  violated  an  order of the division OR SUBDIVISION G OF
SECTION 26-512 OF THIS CHAPTER the commissioner may impose  by  adminis-
trative  order after hearing, a civil penalty in the amount of one thou-
sand dollars for the first such offense and  two  thousand  dollars  for
each subsequent offense; or
  S 5. Severability. If any provision of this act, or any application of
any  provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of  this  act,  any
other  application  of any provision of this act, or any other provision
of any law or code amended by this act.
  S 6. This act shall take effect on the sixtieth  day  after  it  shall
have become a law; provided that:
  (a)  the amendments to the emergency tenant protection act of nineteen
seventy-four made by sections one and two of this act  shall  expire  on
the same date as such act expires and shall not affect the expiration of
such  act  as provided in section 17 of chapter 576 of the laws of 1974;
and
  (b) the amendments to sections 26-512 and 26-516 of the administrative
code of the city of New York made by sections three and four of this act
shall expire on the same date as such  sections  expire  and  shall  not
affect  the expiration of such sections as provided in section 26-520 of
such code.

                                SUBPART G

  Section 1. The section heading of section 467-b of the  real  property
tax  law, as amended by section 1 of chapter 188 of the laws of 2005, is
amended to read as follows:
  Tax abatement for rent-controlled and rent regulated property occupied
by senior citizens or persons with  disabilities  OR  PERSONS  PAYING  A
MAXIMUM  RENT  OR  LEGAL  REGULATED  RENT  WHICH EXCEEDS ONE-HALF OF THE
COMBINED INCOME OF ALL MEMBERS OF THEIR HOUSEHOLD.
  S 2. Paragraph b of subdivision 1 of section 467-b of the real proper-
ty tax law, as amended by section 1 of chapter 188 of the laws of  2005,
is amended to read as follows:
  b.  "Head  of the household" means a person (i) who is sixty-two years
of age or older, or (ii) who qualifies as a  person  with  a  disability
pursuant  to subdivision five of this section, OR (III) WHO PAYS A MAXI-
MUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE  COMBINED

S. 6009                            18

INCOME  OF  ALL  MEMBERS  OF  THEIR  HOUSEHOLD,  and  is entitled to the
possession or to the use or occupancy of a dwelling unit;
  S  3.  Subdivision 2 of section 467-b of the real property tax law, as
amended by chapter 747 of the laws  of  1985,  is  amended  to  read  as
follows:
  2.  The  governing body of any municipal corporation is hereby author-
ized and empowered to adopt, after public hearing,  in  accordance  with
the  provisions  of  this  section, a local law, ordinance or resolution
providing for the abatement  of  taxes  of  said  municipal  corporation
imposed on real property containing a dwelling unit as defined herein by
one  of the following amounts:  (a) where the head of the household does
not receive a monthly allowance  for  shelter  pursuant  to  the  social
services law, an amount not in excess of that portion of any increase in
maximum  rent  or legal regulated rent which causes such maximum rent or
legal regulated rent to exceed one-third of the combined income  of  all
members of the household; or
  (b)  WHERE  THE  HEAD  OF THE HOUSEHOLD QUALIFIES AS A PERSON PAYING A
MAXIMUM RENT OR LEGAL REGULATED  RENT  WHICH  EXCEEDS  ONE-HALF  OF  THE
COMBINED  INCOME  OF ALL MEMBERS OF THE HOUSEHOLD AND DOES NOT RECEIVE A
MONTHLY ALLOWANCE FOR SHELTER PURSUANT TO THE SOCIAL  SERVICES  LAW,  AN
AMOUNT  NOT IN EXCESS OF THAT PORTION OF ANY INCREASE IN MAXIMUM RENT OR
LEGAL REGULATED RENT WHICH CAUSES SUCH MAXIMUM RENT OR  LEGAL  REGULATED
RENT  TO  EXCEED  ONE-HALF  OF THE COMBINED INCOME OF ALL MEMBERS OF THE
HOUSEHOLD; OR
  (C) where the head of the household receives a monthly  allowance  for
shelter  pursuant to the social services law, an amount not in excess of
that portion of any increase in maximum rent  or  legal  regulated  rent
which  is  not  covered  by the maximum allowance for shelter which such
person is entitled to receive pursuant to the social services law.
  S 4. Paragraph a of subdivision 3 of section 467-b of the real proper-
ty tax law, as amended by section 1 of part U of chapter 55 of the  laws
of 2014, is amended to read as follows:
  a.  for  a  dwelling  unit where the head of the household is a person
sixty-two years of age or older OR WHERE THE HEAD OF THE HOUSEHOLD  PAYS
A  MAXIMUM  RENT  OR  LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE
COMBINED INCOME OF ALL MEMBERS OF THE HOUSEHOLD, no tax abatement  shall
be  granted  if  the combined income of all members of the household for
the income tax year immediately preceding the date of making application
exceeds four thousand dollars, or such other sum not more  than  twenty-
five  thousand  dollars beginning July first, two thousand five, twenty-
six thousand dollars beginning July first, two thousand six, twenty-sev-
en  thousand  dollars  beginning  July  first,   two   thousand   seven,
twenty-eight  thousand dollars beginning July first, two thousand eight,
twenty-nine thousand dollars beginning July first,  two  thousand  nine,
and  fifty thousand dollars beginning July first, two thousand fourteen,
as may be provided by the local law,  ordinance  or  resolution  adopted
pursuant  to  this section, provided that when the head of the household
retires before the commencement of such income tax year and the date  of
filing  the  application,  the  income  for such year may be adjusted by
excluding salary or earnings and projecting his or her retirement income
over the entire period of such year.
  S 5. Paragraph d of subdivision 1 of section 467-c of the real proper-
ty tax law, as separately amended by chapters 188 and 205 of the laws of
2005, and subparagraph 1 of paragraph d as amended by section 2 of  part
U of chapter 55 of the laws of 2014, is amended to read as follows:

S. 6009                            19

  d.  "Eligible  head of the household" means (1) a person or his or her
spouse who is sixty-two years of age or older, OR A PERSON  WHO  PAYS  A
MAXIMUM  RENT  WHICH  EXCEEDS  ONE-HALF  OF  THE  COMBINED INCOME OF ALL
MEMBERS OF THE HOUSEHOLD, and is entitled to the possession  or  to  the
use and occupancy of a dwelling unit, provided, however, with respect to
a  dwelling which was subject to a mortgage insured or initially insured
by the federal government pursuant to section two  hundred  thirteen  of
the  National  Housing  Act, as amended "eligible head of the household"
shall be limited to that person or his or her spouse who was entitled to
possession or the use and occupancy of such dwelling unit at the time of
termination of such mortgage, and whose income when  combined  with  the
income  of all other members of the household, does not exceed six thou-
sand five hundred dollars for the taxable period, or such other sum  not
less  than sixty-five hundred dollars nor more than twenty-five thousand
dollars beginning July first, two  thousand  five,  twenty-six  thousand
dollars  beginning  July  first, two thousand six, twenty-seven thousand
dollars beginning July first, two thousand seven, twenty-eight  thousand
dollars  beginning  July first, two thousand eight, twenty-nine thousand
dollars beginning July first, two  thousand  nine,  and  fifty  thousand
dollars  beginning July first, two thousand fourteen, as may be provided
by local law; or (2) a person with  a  disability  as  defined  in  this
subdivision.
  S 6. Subparagraph (1) of paragraph a of subdivision 3 of section 467-c
of  the  real property tax law, as amended by chapter 747 of the laws of
1985, is amended to read as follows:
  (1) where the eligible head of the household WHO IS  EITHER  SIXTY-TWO
YEARS  OF  AGE OR OLDER OR IS DISABLED does not receive a monthly allow-
ance for shelter pursuant to the social  services  law,  the  amount  by
which  increases  in the maximum rent subsequent to such person's eligi-
bility date have resulted in the maximum rent exceeding one-third of the
combined income of all members of the household for the taxable period,
OR WHERE THE ELIGIBLE HEAD OF THE HOUSEHOLD IS A PERSON WHO PAYS A MAXI-
MUM RENT WHICH EXCEEDS ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF
THE HOUSEHOLD DOES NOT RECEIVE A MONTHLY ALLOWANCE FOR SHELTER  PURSUANT
TO THE SOCIAL SERVICES LAW, THE AMOUNT BY WHICH INCREASES IN THE MAXIMUM
RENT  SUBSEQUENT TO SUCH PERSON'S DATE HAVE RESULTED IN THE MAXIMUM RENT
EXCEEDING ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF  THE  HOUSE-
HOLD  FOR  THE  TAXABLE  PERIOD,  except  that  in no event shall a rent
increase exemption  order/tax  abatement  certificate  become  effective
prior to January first, nineteen hundred seventy-six; or
  S  7.  The state comptroller shall annually pay to each city providing
real property tax abatements pursuant to sections 467-v and 467-c of the
real property tax law an amount equal to 10 per centum of the real prop-
erty tax revenue lost during the city fiscal year due to the implementa-
tion of the provisions  of  this  act.  Each  city  eligible  for  state
payments  pursuant  to  this section shall provide the state comptroller
with such information as he or she shall deem necessary.
  S 8. This act shall take effect July 1, 2015; provided however, that
  a. the amendments to section 467-b of the real property tax law,  made
by sections one, two, three and four of this act shall be subject to the
expiration and reversion of such section pursuant to section 17 of chap-
ter  576  of  the  laws of 1974, and shall expire and be deemed repealed
therewith;
  b. the amendments to paragraph a of subdivision 3 of section 467-b  of
the  real  property  tax  law, made by section four of this act shall be
subject to the expiration of such paragraph pursuant  to  section  4  of

S. 6009                            20

part  U  of  chapter  55  of  the laws of 2014, as amended, and shall be
deemed to expire therewith; and
  c.  the amendments to subparagraph (1) of paragraph d of subdivision 1
of section 467-c of the real property tax law, made by section  five  of
this  act  shall not affect the expiration of such subparagraph pursuant
to section 4 of part U of chapter 55 of the laws of  2014,  as  amended,
and shall expire and be deemed repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Subparts A through G of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART B

  Section 1. Section 421-a of the real property tax law  is  amended  by
adding two new subdivisions 16 and 17 to read as follows:
  16. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION:
  (I)  "421-A BENEFITS" SHALL MEAN EXEMPTION FROM REAL PROPERTY TAXATION
PURSUANT TO THIS SUBDIVISION.
  (II) "AFFORDABILITY OPTION A" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
SITE LOCATED EITHER ONSITE OR OFFSITE:  (A) NOT LESS THAN TEN PERCENT OF
THE  DWELLING  UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS, (B) NOT
LESS THAN AN ADDITIONAL TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE
HOUSING SIXTY PERCENT UNITS,  (C)  NOT  LESS  THAN  AN  ADDITIONAL  FIVE
PERCENT  OF THE DWELLING UNITS ARE AFFORDABLE HOUSING ONE HUNDRED THIRTY
PERCENT UNITS, AND (D) SUCH  ELIGIBLE  SITE  IS  DEVELOPED  WITHOUT  THE
SUBSTANTIAL  ASSISTANCE  OF  GRANTS,  LOANS  OR  SUBSIDIES PROVIDED BY A
FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY  PURSUANT
TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, EXCEPT THAT SUCH
ELIGIBLE  SITE MAY RECEIVE TAX EXEMPT BOND PROCEEDS AND FOUR PERCENT TAX
CREDITS.
  (III) "AFFORDABILITY OPTION B" SHALL MEAN THAT,  WITHIN  ANY  ELIGIBLE
SITE LOCATED EITHER ONSITE OR OFFSITE:  (A) NOT LESS THAN TEN PERCENT OF
THE DWELLING UNITS ARE AFFORDABLE HOUSING SEVENTY PERCENT UNITS, AND (B)
NOT  LESS  THAN  AN  ADDITIONAL TWENTY PERCENT OF THE DWELLING UNITS ARE
AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS.
  (IV) "AFFORDABILITY OPTION C" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
SITE LOCATED EITHER ONSITE OR OFFSITE:  (A) NOT LESS THAN THIRTY PERCENT
OF  THE DWELLING UNITS ARE AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT
UNITS, AND (B) SUCH ELIGIBLE SITE IS DEVELOPED WITHOUT  THE  SUBSTANTIAL
ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
LOCAL  GOVERNMENTAL  AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING.
  (V) "AFFORDABILITY OPTION D"  SHALL  ONLY  APPLY  TO  A  HOMEOWNERSHIP
PROJECT, OF WHICH TWENTY-FIVE PERCENT OF THE UNITS SHALL HAVE AN AVERAGE
ASSESSED VALUE NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS.
  (VI)  "AFFORDABILITY  PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR
OF WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN  ELIGIBLE  SITE

S. 6009                            21

AND  THE  DENOMINATOR  OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN
SUCH ELIGIBLE SITE.
  (VII)  "AFFORDABLE  HOUSING  FORTY PERCENT UNIT" SHALL MEAN A DWELLING
UNIT THAT: (A) IS SITUATED WITHIN THE  ELIGIBLE  SITE  FOR  WHICH  421-A
BENEFITS  ARE  GRANTED, AND (B) UPON INITIAL RENTAL AND UPON EACH SUBSE-
QUENT RENTAL FOLLOWING A  VACANCY  DURING  THE  RESTRICTION  PERIOD,  IS
AFFORDABLE  TO  AND  RESTRICTED  TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA  MEDIAN
INCOME,  ADJUSTED  FOR  FAMILY  SIZE,  AT  THE  TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (VIII) "AFFORDABLE HOUSING SIXTY PERCENT UNIT" SHALL MEAN  A  DWELLING
UNIT  THAT:  (A)  IS  SITUATED  WITHIN THE ELIGIBLE SITE FOR WHICH 421-A
BENEFITS ARE GRANTED, AND (B) UPON INITIAL RENTAL AND UPON  EACH  SUBSE-
QUENT  RENTAL  FOLLOWING  A  VACANCY  DURING  THE RESTRICTION PERIOD, IS
AFFORDABLE TO AND RESTRICTED TO OCCUPANCY  BY  INDIVIDUALS  OR  FAMILIES
WHOSE  HOUSEHOLD INCOME DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY  SIZE,  AT  THE  TIME  THAT  SUCH  HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (IX)  "AFFORDABLE  HOUSING SEVENTY PERCENT UNIT" SHALL MEAN A DWELLING
UNIT THAT: (A) IS SITUATED WITHIN THE  ELIGIBLE  SITE  FOR  WHICH  421-A
BENEFITS  ARE  GRANTED, AND (B) UPON INITIAL RENTAL AND UPON EACH SUBSE-
QUENT RENTAL FOLLOWING A  VACANCY  DURING  THE  RESTRICTION  PERIOD,  IS
AFFORDABLE  TO  AND  RESTRICTED  TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED SEVENTY PERCENT OF THE AREA MEDI-
AN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE  TIME  THAT  SUCH  HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (X)  "AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNIT" SHALL MEAN A
DWELLING UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE  FOR  WHICH
421-A  BENEFITS  ARE  GRANTED, AND (B) UPON INITIAL RENTAL AND UPON EACH
SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD,  IS
AFFORDABLE  TO  AND  RESTRICTED  TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE
AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE,  AT  THE  TIME  THAT  SUCH
HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (XI)  "AFFORDABLE  HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVID-
UALLY, AFFORDABLE HOUSING FORTY PERCENT UNITS, AFFORDABLE HOUSING  SIXTY
PERCENT  UNITS, AFFORDABLE HOUSING SEVENTY PERCENT UNITS, AND AFFORDABLE
HOUSING ONE HUNDRED THIRTY PERCENT UNITS.
  (XII) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING  PRESERVATION  AND
DEVELOPMENT.
  (XIII) "APPLICATION" SHALL MEAN AN APPLICATION FOR 421-A BENEFITS.
  (XIV)  "BUILDING  SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGU-
LARLY EMPLOYED AT, AND PERFORMS WORK IN  CONNECTION  WITH  THE  CARE  OR
MAINTENANCE  OF,  AN  ELIGIBLE  SITE,  INCLUDING,  BUT NOT LIMITED TO, A
WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER,  HANDYMAN,  JANITOR,
GARDENER,  GROUNDSKEEPER,  ELEVATOR  OPERATOR  AND  STARTER,  AND WINDOW
CLEANER, BUT NOT INCLUDING PERSONS REGULARLY  SCHEDULED  TO  WORK  FEWER
THAN EIGHT HOURS PER WEEK AT THE ELIGIBLE SITE.
  (XV)  "COMMENCEMENT  DATE"  SHALL  MEAN,  WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION  AND  CONSTRUCTION  OF
INITIAL  FOOTINGS  AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF
THE  CONVERSION,  ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH.
  (XVI) "COMPLETION DATE" SHALL MEAN  THE  DATE  UPON  WHICH  THE  LOCAL
DEPARTMENT  OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIF-

S. 6009                            22

ICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE  MULTI-
PLE DWELLING.
  (XVII)  "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, A PERIOD: (A) BEGINNING ON THE LATER OF THE COMMENCE-
MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS  BEFORE  THE
COMPLETION  DATE  OF  SUCH ELIGIBLE MULTIPLE DWELLING, AND (B) ENDING ON
THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE  MULTIPLE  DWELL-
ING.
  (XVIII) "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR
IMPROVEMENT  OF  A  PRE-EXISTING  BUILDING  OR  STRUCTURE RESULTING IN A
MULTIPLE DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE  FLOOR
AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
  (XIX) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING THAT
MAY  INCLUDE  BOTH  ONSITE  AND  OFFSITE  UNITS OR HOMEOWNERSHIP PROJECT
CONTAINING SIX OR MORE DWELLING UNITS CREATED THROUGH  NEW  CONSTRUCTION
OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCEMENT DATE IS AFTER DECEMBER
THIRTY-FIRST,  TWO THOUSAND FIFTEEN AND ON OR BEFORE JUNE FIFTEENTH, TWO
THOUSAND TWENTY-ONE, AND FOR WHICH THE COMPLETION DATE IS ON  OR  BEFORE
JUNE FIFTEENTH, TWO THOUSAND TWENTY-FIVE.
  (XX)  "ELIGIBLE  SITE"  SHALL MEAN EITHER: (A) A TAX LOT CONTAINING AN
ELIGIBLE MULTIPLE DWELLING, OR (B) A ZONING LOT CONTAINING TWO  OR  MORE
ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
  (XXI)  "FISCAL  OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (XXII) "FLOOR AREA" SHALL MEAN "FLOOR AREA" AS DEFINED IN THE NEW YORK
CITY ZONING RESOLUTION.
  (XXIII) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW INCOME HOUS-
ING TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF  SUBPARAGRAPH
(B)  OF  PARAGRAPH  ONE  OF  SUBSECTION  (B) OF SECTION FORTY-TWO OF THE
INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
  (XXIV) "HOMEOWNERSHIP PROJECT"  SHALL  MEAN  A  MULTIPLE  DWELLING  OR
PORTION THEREOF OPERATED AS CONDOMINIUM OR COOPERATIVE HOUSING, HOWEVER,
IT  SHALL NOT INCLUDE A MULTIPLE DWELLING OR PORTION THEREOF OPERATED AS
COOPERATIVE OR CONDOMINIUM HOUSING LOCATED WITHIN THE BOROUGH OF MANHAT-
TAN.
  (XXV) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
  (XXVI) "MULTIPLE DWELLING" SHALL HAVE THE MEANING  SET  FORTH  IN  THE
MULTIPLE DWELLING LAW.
  (XXVII)  "NON-RESIDENTIAL  TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
CONTAIN ANY DWELLING UNITS.
  (XXVIII) "RENT  STABILIZATION"  SHALL  MEAN,  COLLECTIVELY,  THE  RENT
STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION
CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN HUNDRED SEVEN-
TY-FOUR, ALL AS IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS  OF  TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION OR AS AMENDED
THEREAFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESS-
ING SUBSTANTIALLY THE SAME SUBJECT MATTER.
  (XXIX) "RENTAL PROJECT" SHALL MEAN  AN  ELIGIBLE  SITE  IN  WHICH  ALL
DWELLING  UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
ING.
  (XXX) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS  DWELL-
ING UNITS.
  (XXXI)  "RESTRICTION  PERIOD"  SHALL  MEAN  A PERIOD COMMENCING ON THE
COMPLETION DATE AND EXPIRING ON  THE  THIRTY-FIFTH  ANNIVERSARY  OF  THE

S. 6009                            23

COMPLETION  DATE,  NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION
OF 421-A BENEFITS.
  (XXXII)  "TAX  EXEMPT  BOND  PROCEEDS"  SHALL  MEAN THE PROCEEDS OF AN
EXEMPT FACILITY BOND, AS DEFINED IN PARAGRAPH SEVEN OF SUBSECTION (A) OF
SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE  OF  NINETEEN
HUNDRED  EIGHTY-SIX,  AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM
TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF
NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
  (XXXIII)  "THIRTY-FIVE  YEAR  BENEFIT"  SHALL  MEAN:   (A)   FOR   THE
CONSTRUCTION  PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY
TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL  IMPROVEMENTS,  (B)  FOR  THE
FIRST TWENTY-FIVE YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT
EXEMPTION  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
IMPROVEMENTS, AND (C) FOR THE FINAL TEN YEARS OF THE RESTRICTION PERIOD,
AN EXEMPTION FROM REAL PROPERTY TAXATION,  OTHER  THAN  ASSESSMENTS  FOR
LOCAL IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE.
  (B)  BENEFIT.  IN  CITIES  HAVING A POPULATION OF ONE MILLION OR MORE,
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS  SECTION
OR  OF  ANY  GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE
SITES, EXCEPT HOTELS, THAT COMPLY WITH THE PROVISIONS OF  THIS  SUBDIVI-
SION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
FOR  LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN
THIS PARAGRAPH. A RENTAL  PROJECT  THAT  MEETS  ALL  OF  THE  APPLICABLE
REQUIREMENTS  OF THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENE-
FIT. A HOMEOWNERSHIP PROJECT SHALL BE ELIGIBLE FOR, AND  SHALL  RECEIVE,
421-A  BENEFITS  CONSISTENT  WITH  THE  APPLICABLE  REQUIREMENTS OF THIS
SUBDIVISION, HOWEVER NO SUCH BENEFIT SHALL BE AWARDED FOR ANY HOMEOWNER-
SHIP PROJECTS UNTIL THE MAYOR OF THE CITY OF NEW YORK HAS ENTERED INTO A
MEMORANDUM OF UNDERSTANDING WITH AFFECTED PARTIES  ASSOCIATED  WITH  THE
CONSTRUCTION  OF  ANY  SUCH PROJECTS TO ENSURE ADEQUATE WAGES ARE ESTAB-
LISHED FOR  ANY  SUCH  CONSTRUCTION.  FOR  ANY  DWELLING  UNITS  LOCATED
OFF-SITE,  HOWEVER,  THE  BENEFIT  FOR  SUCH UNITS SHALL BE NO LESS THAN
FIFTEEN YEARS AND NO MORE THAN TWENTY YEARS AS DETERMINED BY THE  AGENCY
PURSUANT  TO  REGULATION  PER  BOROUGH.  ANY BENEFIT SO DETERMINED SHALL
PROVIDE A ONE HUNDRED PERCENT EXEMPTION  FROM  REAL  PROPERTY  TAXATION,
OTHER  THAN  ASSESSMENTS  FOR  LOCAL  IMPROVEMENTS FOR TWO-THIRDS OF THE
BENEFIT PERIOD AND FOR THE FINAL ONE-THIRD OF  THE  BENEFIT  PERIOD,  AN
EXEMPTION  FROM  REAL  PROPERTY  TAXES, OTHER THAN ASSESSMENTS FOR LOCAL
IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE.
  (C) TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS SUBDIVISION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING  421-A  BENE-
FITS  SHALL  PAY,  IN  EACH TAX YEAR IN WHICH SUCH 421-A BENEFITS ARE IN
EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
  (I) WITH RESPECT TO EACH ELIGIBLE  MULTIPLE  DWELLING  CONSTRUCTED  ON
SUCH  ELIGIBLE  SITE,  REAL  PROPERTY TAXES ON THE ASSESSED VALUATION OF
SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT  DURING  THE  TAX  YEAR
PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
OUT  REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION
IN EFFECT DURING SUCH TAX YEAR,  WHICH  REAL  PROPERTY  TAXES  SHALL  BE
CALCULATED  USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE;
AND
  (II) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
  (D) LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE  IN
AN  ELIGIBLE  SITE,  OTHER  THAN  PARKING WHICH IS LOCATED NOT MORE THAN
TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE  PERCENT  OF  THE

S. 6009                            24

AGGREGATE  FLOOR AREA IN SUCH ELIGIBLE SITE, ANY 421-A BENEFITS SHALL BE
REDUCED BY A PERCENTAGE EQUAL  TO  SUCH  EXCESS.  IF  AN  ELIGIBLE  SITE
CONTAINS  MULTIPLE  TAX  LOTS,  THE TAX ARISING OUT OF SUCH REDUCTION IN
421-A  BENEFITS  SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESI-
DENTIAL TAX LOTS.  AFTER ANY SUCH NON-RESIDENTIAL  TAX  LOTS  ARE  FULLY
TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN 421-A
BENEFITS,  IF  ANY,  SHALL  BE  APPORTIONED PRO RATA AMONG THE REMAINING
RESIDENTIAL TAX LOTS.
  (E) CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF  THE  AGENCY
CERTIFYING THE APPLICANT'S ELIGIBILITY FOR 421-A BENEFITS, THE ASSESSORS
SHALL  CERTIFY  TO  THE  COLLECTING  OFFICER  THE  AMOUNT OF TAXES TO BE
EXEMPTED. ADDITIONALLY, FOR HOMEOWNERSHIP PROJECTS, THE  ASSESSOR  SHALL
PROVIDE  GUIDANCE  AND  INFORMATION  TO  THE  DEVELOPER  OF SUCH PROJECT
INCLUDING AN ASSESSMENT BEFORE THE SALE OF ANY SUCH UNIT  THAT  REQUIRES
AN ASSESSED VALUE NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS.
  (F)  AFFORDABILITY  REQUIREMENTS.  DURING  THE  RESTRICTION  PERIOD, A
RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY OPTION A, AFFORDA-
BILITY OPTION B, OR AFFORDABILITY OPTION C OR FOR PURPOSES OF A HOMEOWN-
ERSHIP PROJECT, SUCH PROJECT SHALL COMPLY WITH AFFORDABILITY  OPTION  D.
SUCH  ELECTION SHALL BE MADE IN THE APPLICATION AND SHALL NOT THEREAFTER
BE CHANGED. THE RENTAL PROJECT SHALL ALSO COMPLY WITH ALL PROVISIONS  OF
THIS PARAGRAPH DURING THE RESTRICTION PERIOD AND WITH SUBPARAGRAPH (III)
OF  THIS  PARAGRAPH  BOTH DURING AND AFTER THE RESTRICTION PERIOD TO THE
EXTENT PROVIDED IN SUCH SUBPARAGRAPH.
  (I) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE  DWELLING  WHERE
SUCH  UNITS  ARE IN THE SAME DWELLING SHALL BE ACCESSED THROUGH THE SAME
STREET ENTRANCES AND LOBBIES, AND NO SUCH ENTRANCE OR LOBBY SHALL  SERVE
SOME RENTAL DWELLING UNITS TO THE EXCLUSION OF OTHERS.
  (II) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
HOUSING PROGRAM, EITHER: (A) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
SITE  CONTAINING  RENTAL UNITS SHALL HAVE A UNIT MIX PROPORTIONAL TO THE
MARKET UNITS, OR (B) AT LEAST FIFTY PERCENT OF  THE  AFFORDABLE  HOUSING
UNITS IN AN ELIGIBLE SITE CONTAINING RENTAL UNITS SHALL HAVE TWO OR MORE
BEDROOMS  AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING
UNITS SHALL HAVE LESS THAN ONE BEDROOM.
  (III) NOTWITHSTANDING ANY  PROVISION  OF  RENT  STABILIZATION  TO  THE
CONTRARY,  THE  RENTS  OF  ALL  AFFORDABLE  HOUSING UNITS SHALL BE FULLY
SUBJECT TO RENT STABILIZATION DURING THE  RESTRICTION  PERIOD,  PROVIDED
THAT TENANTS HOLDING A LEASE AND IN OCCUPANCY OF SUCH AFFORDABLE HOUSING
UNITS  AT  THE EXPIRATION OF THE RESTRICTION PERIOD SHALL HAVE THE RIGHT
TO REMAIN AS RENT STABILIZED TENANTS FOR THE DURATION OF THEIR  OCCUPAN-
CY.
  (IV)  ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED PURSU-
ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH SHALL CONTAIN A  DESIGNATION
THAT  SPECIFICALLY  IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT
TO THIS SUBDIVISION  AS  "421-A  AFFORDABLE  HOUSING  UNITS"  AND  SHALL
CONTAIN  AN  EXPLANATION  OF  THE  REQUIREMENTS  THAT  APPLY TO ALL SUCH
AFFORDABLE HOUSING UNITS.
  (V) FAILURE TO COMPLY WITH  THE  PROVISIONS  OF  THIS  PARAGRAPH  THAT
REQUIRE  THE  CREATION,  MAINTENANCE,  RENT STABILIZATION COMPLIANCE AND
OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP
PROJECT THE FAILURE TO COMPLY WITH AFFORDABILITY OPTION D  SHALL  RESULT
IN  REVOCATION  OF ANY 421-A BENEFITS FOR THE PERIOD OF SUCH NON-COMPLI-
ANCE.
  (VI) NOTHING IN THIS SUBDIVISION SHALL: (A) PROHIBIT THE OCCUPANCY  OF
AN  AFFORDABLE  HOUSING  UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT

S. 6009                            25

ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN  INCOME,
ADJUSTED  FOR  FAMILY  SIZE,  SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT
PURSUANT TO THIS SUBDIVISION, OR (B) PROHIBIT THE OWNER OF  AN  ELIGIBLE
SITE  FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A
VACANCY, THE OCCUPANCY OF ANY AFFORDABLE  HOUSING  UNIT  BY  SUCH  LOWER
INCOME INDIVIDUALS OR FAMILIES.
  (VII)  FOLLOWING  ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND
UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL  PROMPTLY
BE  OFFERED  FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT
EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN  INCOME,  ADJUSTED  FOR
FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
SUBDIVISION  AND  WHO  INTEND  TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS
THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL  NOT  BE:  (A)
RENTED  TO  A  CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (B) HELD OFF
THE MARKET FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY  TO  PERFORM
REPAIRS  NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCU-
PANCY.
  (VIII) AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A  TEMPORARY,
TRANSIENT  OR  SHORT-TERM  BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN
AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT  THE
OPTION OF THE TENANT.
  (IX)  AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE
OR CONDOMINIUM OWNERSHIP.
  (X) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS  THE  AGENCY
DEEMS  NECESSARY  OR  APPROPRIATE  FOR:  (A) THE MARKETING OF AFFORDABLE
HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND  UPON  ANY  VACANCY,  (B)
MONITORING  COMPLIANCE  WITH  THE  PROVISIONS OF THIS PARAGRAPH, (C) THE
MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
EXEMPTION PURSUANT TO THIS SUBDIVISION, (D) APPROVAL OF AN ELIGIBLE SITE
UNDER THIS SECTION THAT PROVIDES  BOTH  ONSITE  AND  OFFSITE  AFFORDABLE
HOUSING  UNITS  GRANTED  PURSUANT TO A CERTIFICATE PROGRAM THAT SHALL BE
ESTABLISHED BY SUCH AGENCY; AND (E) CONVENING A WORKING GROUP OF  STAKE-
HOLDERS  TO  EXAMINE  THE  PROGRAM  INCLUDING  THE  LABOR  AND WORKFORCE
CONCERNS RELATED TO CONSTRUCTION UNDER TAKEN PURSUANT TO  THIS  SECTION,
AND  THE CREATION OF AFFORDABLE HOUSING.  SUCH REQUIREMENTS MAY INCLUDE,
BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY  THE  AGENCY
AND PAID FOR BY THE OWNER.
  (XI)  NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRA-
RY, A MARKET UNIT SHALL BE SUBJECT TO RENT STABILIZATION UNLESS, IN  THE
ABSENCE  OF  421-A  BENEFITS, THE OWNER WOULD BE ENTITLED TO REMOVE SUCH
MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH-
LY RENT EXCEEDING ANY LIMIT ESTABLISHED THEREUNDER.
  (G) BUILDING SERVICE EMPLOYEES.  (I) FOR THE PURPOSES  OF  THIS  PARA-
GRAPH,  "APPLICANT"  SHALL  MEAN  AN  APPLICANT  FOR 421-A BENEFITS, ANY
SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
EES FOR SUCH APPLICANT,  INCLUDING,  BUT  NOT  LIMITED  TO,  A  PROPERTY
MANAGEMENT COMPANY OR CONTRACTOR.
  (II)  ALL  BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
ELIGIBLE SITE SHALL RECEIVE  THE  APPLICABLE  PREVAILING  WAGE  FOR  THE
ENTIRE RESTRICTION PERIOD.
  (III)  THE  FISCAL  OFFICER  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
PROVISIONS OF THIS PARAGRAPH. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL
OFFICER SHALL HAVE THE POWER:
  (A)  TO  INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
THE PREVAILING WAGES FOR BUILDING  SERVICE  EMPLOYEES;  IN  MAKING  SUCH
INVESTIGATION,  THE  FISCAL  OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT

S. 6009                            26

DATA FROM VARIOUS SOURCES, INCLUDING,  BUT  NOT  LIMITED  TO,  DATA  AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
  (B)  TO  INSTITUTE  AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
ELSEWHERE;
  (C) TO EXAMINE THE BOOKS, DOCUMENTS  AND  RECORDS  PERTAINING  TO  THE
WAGES  PAID  TO,  AND  THE  HOURS OF WORK PERFORMED BY, BUILDING SERVICE
EMPLOYEES;
  (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS,
ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT  OF  A  SUBPOENA
ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW
AND RULES;
  (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO
DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE  BUILDING  SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
  (F)  TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
  (G)  TO  DELEGATE  ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR
OTHER AUTHORIZED REPRESENTATIVE; AND
  (H) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR  THE
PROPER  EXECUTION  OF  THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED
UPON HIM OR HER BY THE PROVISIONS OF THIS SUBPARAGRAPH.
  (IV) IF THE FISCAL OFFICER FINDS THAT  THE  APPLICANT  HAS  FAILED  TO
COMPLY  WITH  THE  PROVISIONS OF THIS PARAGRAPH, HE OR SHE SHALL PRESENT
EVIDENCE OF SUCH NONCOMPLIANCE TO THE AGENCY.
  (V) SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE APPLICABLE TO:
  (A) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN FIFTY  DWELLING
UNITS; OR
  (B)  AN  ELIGIBLE  MULTIPLE  DWELLING  WHERE  THE LOCAL HOUSING AGENCY
CERTIFIES THAT AT INITIAL OCCUPANCY AT LEAST FIFTY PERCENT OF THE DWELL-
ING UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES WITH A GROSS  HOUSE-
HOLD  INCOME  AT  OR  BELOW  ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA
MEDIAN INCOME AND THAT ANY SUCH UNITS WHICH ARE LOCATED IN RENTAL BUILD-
INGS WILL BE SUBJECT TO RESTRICTIONS TO INSURE  THAT  THEY  WILL  REMAIN
AFFORDABLE  FOR  THE  ENTIRE  PERIOD  DURING WHICH THEY RECEIVE BENEFITS
UNDER THIS SECTION.
  (H) REPLACEMENT RATIO. IF THE  LAND  ON  WHICH  AN  ELIGIBLE  SITE  IS
LOCATED  CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE-
MENT DATE OF THE FIRST ELIGIBLE MULTIPLE  DWELLING  THEREON,  THEN  SUCH
ELIGIBLE  SITE  SHALL  CONTAIN  AT LEAST ONE AFFORDABLE HOUSING UNIT FOR
EACH DWELLING UNIT THAT EXISTED ON SUCH DATE AND WAS  THEREAFTER  DEMOL-
ISHED, REMOVED OR RECONFIGURED.
  (I) CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
RECEIVING  421-A BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATE-
MENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
  (J)  VOLUNTARY  RENUNCIATION  OR  TERMINATION.   NOTWITHSTANDING   THE
PROVISIONS  OF  ANY  GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AN
OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY  RENOUNCE  OR  TERMINATE  ANY
421-A  BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMI-
NATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSU-
ANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR  SECTION  FOUR  HUNDRED
TWENTY-C OF THIS TITLE.
  (K)  TERMINATION  OR  REVOCATION.  THE  AGENCY MAY TERMINATE OR REVOKE
421-A BENEFITS FOR NONCOMPLIANCE WITH THIS SUBDIVISION. IF  421-A  BENE-
FITS  ARE TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SUBDIVISION,

S. 6009                            27

ALL OF THE  AFFORDABLE  HOUSING  UNITS  SHALL  REMAIN  SUBJECT  TO  RENT
STABILIZATION OR FOR A HOMEOWNERSHIP PROJECT SUCH PROJECT SHALL CONTINUE
TO  COMPLY WITH AFFORDABILITY OPTION D OF THIS SUBDIVISION AND ALL OTHER
REQUIREMENTS  OF  THIS  SUBDIVISION  FOR  THE RESTRICTION PERIOD AND ANY
ADDITIONAL PERIOD EXPRESSLY PROVIDED IN  THIS  SUBDIVISION,  AS  IF  THE
421-A BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
  (L)  POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SUBDIVISION
SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER  RIGHTS,  REME-
DIES,  OR  ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT
LAW OR IN EQUITY.
  (M) MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH  TAX
LOTS.  THE  AGENCY  SHALL DETERMINE ELIGIBILITY FOR 421-A BENEFITS BASED
UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION.
  (N) APPLICATIONS. (I) THE APPLICATION WITH  RESPECT  TO  ANY  ELIGIBLE
MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
  (II)  NOTWITHSTANDING  THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
  (III) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF  AN  APPLICA-
TION.  A  FALSE  CERTIFICATION  BY  SUCH  ARCHITECT OR ENGINEER SHALL BE
DEEMED TO BE PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED  NINE  OF  THE  EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH
MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED ELEVEN OF SUCH LAW, AND SHALL  THEREAFTER  BE
INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVISION.
  (O)  FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY  APPLICATION.  HOWEVER,
THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
CONTAINING  ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL
ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A  PROGRAM  FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING.
  (P) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS
OF THIS SUBDIVISION.
  (Q)  AUTHORITY OF CITY TO ENACT LOCAL LAW. A CITY TO WHICH THIS SUBDI-
VISION IS APPLICABLE SHALL NOT BE AUTHORIZED TO ENACT  A  LOCAL  LAW  TO
RESTRICT,  LIMIT OR CONDITION THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT
OF 421-A BENEFITS IN ANY MANNER, OR GRANT 421-A  BENEFITS  BEYOND  THOSE
PROVIDED  IN  THIS  SUBDIVISION.  THE  PROVISIONS OF SECTIONS 11-245 AND
11-245.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK  OR  OF  ANY
OTHER  LOCAL  LAW OF THE CITY OF NEW YORK THAT WERE ENACTED ON OR BEFORE
THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  FIFTEEN
THAT  ADDED  THIS  PARAGRAPH  SHALL NOT RESTRICT, LIMIT OR CONDITION THE
ELIGIBILITY FOR OR THE SCOPE OR AMOUNT OF  421-A  BENEFITS  PURSUANT  TO
THIS SUBDIVISION.
  (R)  ELECTION.  NOTWITHSTANDING  ANYTHING  IN  THIS SUBDIVISION TO THE
CONTRARY, A RENTAL PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE  DECEM-
BER  THIRTY-FIRST,  TWO  THOUSAND FIFTEEN THAT HAS NOT RECEIVED BENEFITS
PURSUANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THE  CHAPTER  OF
THE  LAWS  OF TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION MAY ELECT
TO COMPLY WITH THIS SUBDIVISION AND RECEIVE 421-A BENEFITS  PURSUANT  TO
THIS SUBDIVISION.

S. 6009                            28

  17. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION:
  (I)  "AFFORDABLE  HOUSING  EIGHTY  PERCENT  UNITS" SHALL MEAN DWELLING
UNITS THAT: (A) ARE SITUATED WITHIN THE EXTENDED AFFORDABILITY PROPERTY,
(B) UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL  FOLLOWING  A
VACANCY  DURING  THE  EXTENDED AFFORDABILITY PERIOD, ARE EACH AFFORDABLE
AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES  WHOSE  HOUSEHOLD
INCOME  DOES  NOT  EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, AT THE  TIME  THAT  SUCH  HOUSEHOLD  INITIALLY
OCCUPIES  SUCH  DWELLING UNIT, AND (C) UPON INITIAL RENTAL AND UPON EACH
SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE EXTENDED  AFFORDABILITY
PERIOD, ARE COLLECTIVELY AFFORDABLE AND RESTRICTED TO OCCUPANCY BY INDI-
VIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED AN AVERAGE OF
EIGHTY  PERCENT  OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT
THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (II) "AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS" SHALL  MEAN
DWELLING  UNITS  THAT: (A) ARE SITUATED WITHIN AN EXTENDED AFFORDABILITY
PROPERTY, AND (B) UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL
FOLLOWING  A  VACANCY DURING THE EXTENDED AFFORDABILITY PERIOD, ARE EACH
AFFORDABLE AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES  WHOSE
HOUSEHOLD  INCOME DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE AREA
MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (III) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND  INDIVID-
UALLY,  AFFORDABLE  HOUSING  EIGHTY PERCENT UNITS AND AFFORDABLE HOUSING
ONE HUNDRED THIRTY PERCENT UNITS.
  (IV) "AGENCY" SHALL MEAN THE DEPARTMENT OF  HOUSING  PRESERVATION  AND
DEVELOPMENT.
  (V)  "APPLICATION"  SHALL  MEAN  AN  APPLICATION FOR EXTENDED BENEFITS
PURSUANT TO THIS SUBDIVISION.
  (VI) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULAR-
LY EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
NANCE OF, AN EXTENDED AFFORDABILITY PROPERTY, INCLUDING, BUT NOT LIMITED
TO, A WATCHMAN, GUARD,  DOORMAN,  BUILDING  CLEANER,  PORTER,  HANDYMAN,
JANITOR,  GARDENER,  GROUNDSKEEPER,  ELEVATOR  OPERATOR AND STARTER, AND
WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY  SCHEDULED  TO  WORK
FEWER THAN EIGHT HOURS PER WEEK IN THE EXTENDED AFFORDABILITY PROPERTY.
  (VII)  "COMMENCEMENT DATE" SHALL MEAN THE LATER OF: (A) THE EXPIRATION
DATE, OR (B) THE RESTRICTIVE DECLARATION DATE.
  (VIII) "EXPIRATION DATE" SHALL  MEAN  THE  DATE  UPON  WHICH  BENEFITS
GRANTED  TO  A  TWENTY YEAR BENEFIT PROPERTY OR TWENTY-FIVE YEAR BENEFIT
PROPERTY PURSUANT TO THIS SECTION PRIOR TO THE  EFFECTIVE  DATE  OF  THE
CHAPTER  OF THE LAWS OF TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION
WOULD EXPIRE.
  (IX) "EXTENDED AFFORDABILITY PERIOD" SHALL MEAN,  NOTWITHSTANDING  ANY
EARLIER  TERMINATION  OR  REVOCATION OF THE EXTENDED BENEFIT, THE PERIOD
COMMENCING UPON THE COMMENCEMENT DATE  AND  ENDING:  (A)  FIFTEEN  YEARS
THEREAFTER  FOR A TWENTY YEAR BENEFIT PROPERTY, AND (B) TEN YEARS THERE-
AFTER FOR A TWENTY-FIVE YEAR BENEFIT PROPERTY.
  (X) "EXTENDED AFFORDABILITY PROPERTY" SHALL MEAN A TWENTY YEAR BENEFIT
PROPERTY OR A TWENTY-FIVE YEAR BENEFIT PROPERTY THAT COMPLIES  WITH  THE
PROVISIONS OF THIS SUBDIVISION.
  (XI)  "EXTENDED AFFORDABILITY REQUIREMENT" SHALL MEAN THAT, WITHIN ANY
EXTENDED AFFORDABILITY PROPERTY: (A) NOT LESS THAN TWENTY PERCENT OF THE
DWELLING UNITS ARE AFFORDABLE HOUSING EIGHTY PERCENT UNITS, AND (B)  NOT
LESS  THAN AN ADDITIONAL FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDA-
BLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS.

S. 6009                            29

  (XII) "EXTENDED BENEFIT" SHALL MEAN, FOR  ANY  EXTENDED  AFFORDABILITY
PROPERTY,  A  FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER
THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, FOR THE EXTENDED  AFFORDABILITY
PERIOD.
  (XIII)  "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (XIV) "FLOOR AREA" SHALL MEAN "FLOOR AREA" AS DEFINED IN THE NEW  YORK
CITY ZONING RESOLUTION.
  (XV)  "MULTIPLE  DWELLING"  SHALL  HAVE  THE  MEANING SET FORTH IN THE
MULTIPLE DWELLING LAW.
  (XVI) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS  DWELL-
ING UNITS.
  (XVII) "RESTRICTIVE DECLARATION" SHALL MEAN A DOCUMENT EXECUTED BY ALL
PARTIES  IN  INTEREST  TO  THE  EXTENDED  AFFORDABILITY  PROPERTY  WHICH
PROVIDES THAT, DURING THE EXTENDED AFFORDABILITY  PERIOD,  THE  EXTENDED
AFFORDABILITY  PROPERTY  SHALL  COMPLY  WITH  THE EXTENDED AFFORDABILITY
REQUIREMENT.
  (XVIII) "RESTRICTIVE DECLARATION DATE" SHALL MEAN THE DATE UPON  WHICH
THE RESTRICTIVE DECLARATION IS RECORDED AGAINST THE EXTENDED AFFORDABIL-
ITY PROPERTY.
  (XIX)  "TWENTY  YEAR  BENEFIT PROPERTY" SHALL MEAN A MULTIPLE DWELLING
THAT COMMENCED CONSTRUCTION PRIOR TO JULY FIRST, TWO THOUSAND EIGHT  AND
THAT  WAS  GRANTED BENEFITS PURSUANT TO THIS SECTION PRIOR TO THE EFFEC-
TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT  ADDED
THIS SUBDIVISION DUE TO ITS COMPLIANCE WITH THE REQUIREMENTS OF ITEM (B)
OF  CLAUSE  (A) OF SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION TWO
OF THIS SECTION.
  (XX) "TWENTY-FIVE YEAR BENEFIT PROPERTY" SHALL MEAN A MULTIPLE  DWELL-
ING  THAT COMMENCED CONSTRUCTION PRIOR TO JULY FIRST, TWO THOUSAND EIGHT
AND THAT WAS GRANTED BENEFITS PURSUANT TO  THIS  SECTION  PRIOR  TO  THE
EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT
ADDED THIS SUBDIVISION DUE TO ITS COMPLIANCE WITH  THE  REQUIREMENTS  OF
ITEM  (B) OF CLAUSE (D) OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDI-
VISION TWO OF THIS SECTION.
  (B) BENEFIT. IN CITIES HAVING A POPULATION OF  ONE  MILLION  OR  MORE,
NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION
OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO  THE  CONTRARY,  AN  EXTENDED
AFFORDABILITY  PROPERTY  SHALL BE GRANTED AN EXTENDED BENEFIT, PROVIDED,
HOWEVER, THAT SUCH EXTENDED BENEFIT SHALL BE AVAILABLE ONLY IF ALL RESI-
DENTIAL TAX LOTS IN SUCH  EXTENDED  AFFORDABILITY  PROPERTY  OPERATE  AS
RENTAL HOUSING.
  (C) TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS  SUBDIVISION,  THE  OWNER  OF  AN  EXTENDED  AFFORDABILITY PROPERTY
RECEIVING AN EXTENDED BENEFIT SHALL PAY, IN EACH TAX YEAR IN WHICH  SUCH
EXTENDED  BENEFIT  IS  IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS
FOLLOWS:
  (I) REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF SUCH LAND AND ANY
IMPROVEMENTS THEREON  IN  EFFECT  DURING  THE  TAX  YEAR  PRECEDING  THE
COMMENCEMENT OF THE CONSTRUCTION OF SUCH EXTENDED AFFORDABILITY PROPERTY
WITHOUT REGARD TO ANY EXEMPTION OR ABATEMENT FROM REAL PROPERTY TAXATION
IN  EFFECT PRIOR TO SUCH CONSTRUCTION WHICH REAL PROPERTY TAXES SHALL BE
CALCULATED ON THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE; AND
  (II) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
  (D) LIMITATION ON BENEFITS FOR  NON-RESIDENTIAL  SPACE.  ANY  EXTENDED
BENEFIT  SHALL  BE  REDUCED BY THE PERCENTAGE OF AGGREGATE FLOOR AREA OF
THE EXTENDED AFFORDABILITY PROPERTY OCCUPIED  BY  COMMERCIAL,  COMMUNITY

S. 6009                            30

FACILITY,  PARKING,  AND  ACCESSORY USES AS PROVIDED IN PARAGRAPH (D) OF
SUBDIVISION TWO OF THIS SECTION.
  (E)  CALCULATION  OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
CERTIFYING THE APPLICANT'S ELIGIBILITY FOR  THE  EXTENDED  BENEFIT,  THE
ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
BE EXEMPTED.
  (F) AFFORDABILITY REQUIREMENT. DURING THE EXTENDED AFFORDABILITY PERI-
OD,  AN  EXTENDED  AFFORDABILITY  PROPERTY MUST COMPLY WITH THE EXTENDED
AFFORDABILITY REQUIREMENT AND THE RESTRICTIVE DECLARATION. THE  EXTENDED
AFFORDABILITY  PROPERTY  SHALL  ALSO  COMPLY WITH ALL PROVISIONS OF THIS
PARAGRAPH DURING THE EXTENDED AFFORDABILITY PERIOD AND WITH SUBPARAGRAPH
(I) OF THIS PARAGRAPH BOTH DURING AND AFTER THE  EXTENDED  AFFORDABILITY
PERIOD TO THE EXTENT PROVIDED IN SUCH SUBPARAGRAPH.
  (I) NOTWITHSTANDING THE PROVISIONS OF ANY LOCAL LAW FOR THE STABILIZA-
TION  OF RENTS OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVEN-
TY-FOUR, THE RENTS OF  ALL  AFFORDABLE  HOUSING  UNITS  IN  AN  EXTENDED
AFFORDABILITY  PROPERTY  SHALL  BE  FULLY  SUBJECT TO CONTROL UNDER SUCH
LOCAL LAW OR SUCH ACT DURING THE EXTENDED AFFORDABILITY PERIOD, PROVIDED
THAT TENANTS HOLDING A LEASE AND IN OCCUPANCY OF SUCH AFFORDABLE HOUSING
UNITS IN AN EXTENDED AFFORDABILITY PROPERTY AT  THE  EXPIRATION  OF  THE
EXTENDED  AFFORDABILITY  PERIOD  SHALL  HAVE THE RIGHT TO REMAIN AS RENT
STABILIZED TENANTS FOR THE DURATION OF THEIR OCCUPANCY. UPON ANY VACANCY
OF AN AFFORDABLE HOUSING UNIT AFTER THE EXTENDED  AFFORDABILITY  PERIOD,
SUCH AFFORDABLE HOUSING UNIT SHALL REMAIN FULLY SUBJECT TO RENT STABILI-
ZATION  UNLESS  THE  OWNER IS ENTITLED TO REMOVE SUCH AFFORDABLE HOUSING
UNIT FROM RENT STABILIZATION UPON SUCH VACANCY BY REASON OF THE  MONTHLY
RENT EXCEEDING ANY LIMIT ESTABLISHED THEREUNDER.
  (II)  ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED PURSU-
ANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL  CONTAIN  A  DESIGNATION
THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS COMPLYING WITH THE
EXTENDED  AFFORDABILITY  REQUIREMENT AS "421-A AFFORDABLE HOUSING UNITS"
AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY  TO  ALL
SUCH AFFORDABLE HOUSING UNITS.
  (III)  FAILURE  TO  COMPLY  WITH THE PROVISIONS OF THIS PARAGRAPH THAT
REQUIRE THE MAINTENANCE, RENT STABILIZATION AND OCCUPANCY OF  AFFORDABLE
HOUSING  UNITS  IN  AN  EXTENDED  AFFORDABILITY PROPERTY SHALL RESULT IN
REVOCATION OF THE EXTENDED BENEFIT FOR THE PERIOD  OF  SUCH  NON-COMPLI-
ANCE.
  (IV)  NOTHING IN THIS SUBDIVISION SHALL: (A) PROHIBIT THE OCCUPANCY OF
AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES  WHOSE  INCOME  AT
ANY  TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR  SUCH  AFFORDABLE  HOUSING  UNIT
PURSUANT  TO  THIS SUBDIVISION, OR (B) PROHIBIT THE OWNER OF AN EXTENDED
AFFORDABILITY PROPERTY FROM REQUIRING, UPON INITIAL RENTAL OR  UPON  ANY
RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT
BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES.
  (V)  UPON  EACH  VACANCY, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE
OFFERED FOR RENTAL BY INDIVIDUALS OR  FAMILIES  WHOSE  INCOME  DOES  NOT
EXCEED  THE  MAXIMUM  PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
SUBDIVISION AND WHO INTEND TO OCCUPY SUCH  AFFORDABLE  HOUSING  UNIT  AS
THEIR  PRIMARY  RESIDENCE.  AN AFFORDABLE HOUSING UNIT SHALL NOT BE: (A)
RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR  (B)  HELD  OFF
THE  MARKET  FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM
REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR  OCCU-
PANCY.

S. 6009                            31

  (VI)  AN  AFFORDABLE  HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY,
TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL  THEREOF  FOR  AN
AFFORDABLE  HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
OPTION OF THE TENANT.
  (VII) AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE
OR CONDOMINIUM OWNERSHIP.
  (VIII) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGEN-
CY  DEEMS  NECESSARY OR APPROPRIATE FOR: (A) THE MARKETING OF AFFORDABLE
HOUSING UNITS, AND (B) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS
PARAGRAPH. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT  BE  LIMITED  TO,
RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER.
  (G)  BUILDING  SERVICE  EMPLOYEES.  (I) FOR THE PURPOSES OF THIS PARA-
GRAPH, "APPLICANT" SHALL MEAN AN APPLICANT FOR  EXTENDED  BENEFITS,  ANY
SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
EES  FOR  SUCH  APPLICANT,  INCLUDING,  BUT  NOT  LIMITED TO, A PROPERTY
MANAGEMENT COMPANY OR CONTRACTOR.
  (II) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT  AT  THE
EXTENDED  AFFORDABILITY PROPERTY SHALL RECEIVE THE APPLICABLE PREVAILING
WAGE FOR THE ENTIRE EXTENDED AFFORDABILITY PERIOD.
  (III)  THE  FISCAL  OFFICER  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
PROVISIONS  OF  THIS PARAGRAPH. IN ENFORCING SUCH PROVISIONS, THE FISCAL
OFFICER SHALL HAVE THE POWER:
  (A) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE  TO  DETERMINE
THE  PREVAILING  WAGES  FOR  BUILDING  SERVICE EMPLOYEES; IN MAKING SUCH
INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE  AND  FRINGE  BENEFIT
DATA  FROM  VARIOUS  SOURCES,  INCLUDING,  BUT  NOT LIMITED TO, DATA AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
  (B) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF  THE  WORK  OR
ELSEWHERE;
  (C)  TO  EXAMINE  THE  BOOKS,  DOCUMENTS AND RECORDS PERTAINING TO THE
WAGES PAID TO, AND THE HOURS OF  WORK  PERFORMED  BY,  BUILDING  SERVICE
EMPLOYEES;
  (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS,
ADMINISTER  OATHS  AND  EXAMINE WITNESSES; THE ENFORCEMENT OF A SUBPOENA
ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW
AND RULES;
  (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED OCCUPATIONAL CATEGORY OF THE BUILDING  SERVICE  EMPLOYEES  AND  TO
DETERMINE  WHETHER  SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
  (F) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A  RECORD
OF  THE  WAGES  ACTUALLY  PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
  (G) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR  HER  DEPUTY  OR
OTHER AUTHORIZED REPRESENTATIVE; AND
  (H)  TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE
PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES  AND  POWERS  CONFERRED
UPON HIM OR HER BY THE PROVISIONS OF THIS SUBPARAGRAPH.
  (IV)  IF  THE  FISCAL  OFFICER  FINDS THAT THE APPLICANT HAS FAILED TO
COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH, HE OR  SHE  SHALL  PRESENT
EVIDENCE OF SUCH NONCOMPLIANCE TO THE AGENCY.
  (V) SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE APPLICABLE TO:
  (A)  AN  EXTENDED  AFFORDABILITY  PROJECT  CONTAINING  LESS THAN FIFTY
DWELLING UNITS; OR
  (B) AN EXTENDED AFFORDABILITY PROJECT WHERE THE LOCAL  HOUSING  AGENCY
CERTIFIES THAT AT INITIAL OCCUPANCY AT LEAST FIFTY PERCENT OF THE DWELL-

S. 6009                            32

ING  UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES WITH A GROSS HOUSE-
HOLD INCOME AT OR BELOW ONE HUNDRED  TWENTY-FIVE  PERCENT  OF  THE  AREA
MEDIAN INCOME AND THAT ANY SUCH UNITS WHICH ARE LOCATED IN RENTAL BUILD-
INGS  WILL  BE  SUBJECT  TO RESTRICTIONS TO INSURE THAT THEY WILL REMAIN
AFFORDABLE FOR THE ENTIRE PERIOD  DURING  WHICH  THEY  RECEIVE  BENEFITS
UNDER THIS SECTION.
  (H)  CONCURRENT  EXEMPTIONS  OR  ABATEMENTS. AN EXTENDED AFFORDABILITY
PROPERTY RECEIVING AN EXTENDED BENEFIT SHALL NOT RECEIVE  ANY  EXEMPTION
FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
  (I)   VOLUNTARY   RENUNCIATION  OR  TERMINATION.  NOTWITHSTANDING  THE
PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL  LAW  TO  THE  CONTRARY,  AN
OWNER  SHALL  NOT  BE  ENTITLED  TO VOLUNTARILY RENOUNCE OR TERMINATE AN
EXTENDED BENEFIT UNLESS  THE  AGENCY  AUTHORIZES  SUCH  RENUNCIATION  OR
TERMINATION  IN  CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION
PURSUANT TO EITHER THE PRIVATE  HOUSING  FINANCE  LAW  OR  SECTION  FOUR
HUNDRED TWENTY-C OF THIS TITLE.
  (J)  TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE THE
EXTENDED  BENEFIT  FOR  NONCOMPLIANCE  WITH  THIS  SUBDIVISION.  IF  THE
EXTENDED  BENEFIT  IS  TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS
SUBDIVISION, ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
THE PROVISIONS OF ANY LOCAL LAW FOR THE STABILIZATION OF  RENTS  OR  THE
EMERGENCY  TENANT  PROTECTION ACT OF NINETEEN SEVENTY-FOUR AND ALL OTHER
REQUIREMENTS OF THIS SUBDIVISION FOR THE ENTIRE  EXTENDED  AFFORDABILITY
PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SUBDIVISION,
AS IF THE EXTENDED BENEFIT HAD NOT BEEN TERMINATED OR REVOKED.
  (K)  POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SUBDIVISION
SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER  RIGHTS,  REME-
DIES,  OR  ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT
LAW OR IN EQUITY.
  (L) MULTIPLE TAX LOTS. IF AN EXTENDED AFFORDABILITY PROPERTY  CONTAINS
MULTIPLE  TAX  LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE
OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR  AN
EXTENDED BENEFIT BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION.
  (M)  APPLICATIONS.  (I)  THE  APPLICATION WITH RESPECT TO ANY EXTENDED
AFFORDABILITY PROPERTY SHALL  INCLUDE  A  CERTIFICATION  THAT:  (A)  THE
RESTRICTIVE  DECLARATION HAS BEEN RECORDED AGAINST THE EXTENDED AFFORDA-
BILITY PROPERTY, AND (B)  THE  EXTENDED  AFFORDABILITY  PROPERTY  IS  IN
COMPLIANCE WITH SUCH RESTRICTIVE DECLARATION AND THIS SUBDIVISION.
  (II)  THE APPLICATION WITH RESPECT TO ANY EXTENDED AFFORDABILITY PROP-
ERTY SHALL BE FILED WITH THE AGENCY ON  OR  BEFORE  THE  LATER  OF:  (A)
DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  SIXTEEN,  OR (B) EIGHTEEN MONTHS
AFTER THE EXPIRATION DATE.
  (III) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR  LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
  (IV)  THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF  AN  APPLICA-
TION.  A  FALSE  CERTIFICATION  BY  SUCH  ARCHITECT OR ENGINEER SHALL BE
DEEMED TO BE PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED  NINE  OF  THE  EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH
MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED ELEVEN OF SUCH LAW, AND SHALL  THEREAFTER  BE
INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVISION.
  (N)  FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION.

S. 6009                            33

  (O) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS
OF THIS SUBDIVISION.
  (P)  AUTHORITY OF CITY TO ENACT LOCAL LAW. A CITY TO WHICH THIS SUBDI-
VISION IS APPLICABLE SHALL NOT BE AUTHORIZED TO ENACT  A  LOCAL  LAW  TO
RESTRICT,  LIMIT OR CONDITION THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT
OF EXTENDED BENEFITS IN ANY MANNER, OR GRANT  EXTENDED  BENEFITS  BEYOND
THOSE  PROVIDED  IN  THIS SUBDIVISION. THE PROVISIONS OF SECTIONS 11-245
AND 11-245.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK  OR  OF
ANY  OTHER  LOCAL  LAW  OF  THE CITY OF NEW YORK THAT WERE ENACTED ON OR
BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE  LAWS  OF  TWO  THOUSAND
FIFTEEN THAT ADDED THIS PARAGRAPH SHALL NOT RESTRICT, LIMIT OR CONDITION
THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT OF EXTENDED BENEFITS PURSUANT
TO THIS SUBDIVISION.
  S 2. The opening paragraph of clause (A) of subparagraph (iv) of para-
graph  (a)  of  subdivision  2 of section 421-a of the real property tax
law, as amended by chapter 19 of the laws of 2015, is amended to read as
follows:
  [Unless excluded by local law, in] IN the city of New York, the  bene-
fits of this subparagraph shall be available in the borough of Manhattan
for new multiple dwellings on tax lots now existing or hereafter created
south  of  or  adjacent  to either side of one hundred tenth street that
commence construction after July first, nineteen hundred ninety-two  and
ON  OR  before  [June  twenty-third] DECEMBER THIRTY-FIRST, two thousand
fifteen, PROVIDED, HOWEVER, THAT (1) SUCH A MULTIPLE  DWELLING  RECEIVES
ITS  FIRST  TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL
RESIDENTIAL AREAS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN-
TY-ONE, AND (2) SOLELY FOR PURPOSES OF DETERMINING WHETHER  THIS  CLAUSE
APPLIES  AND  NOTWITHSTANDING  ANY LOCAL LAW TO THE CONTRARY, "COMMENCE"
SHALL MEAN THE DATE UPON WHICH EXCAVATION AND  CONSTRUCTION  OF  INITIAL
FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR AN ELIGI-
BLE  CONVERSION,  THE  DATE  UPON  WHICH  THE ACTUAL CONSTRUCTION OF THE
CONVERSION, ALTERATION OR IMPROVEMENT OF THE  PRE-EXISTING  BUILDING  OR
STRUCTURE LAWFULLY BEGINS IN GOOD FAITH, only if:
  S  3.  Subparagraph  (ii) of paragraph (c) of subdivision 2 of section
421-a of the real property tax law, as amended by of chapter 19  of  the
laws of 2015, is amended to read as follows:
  (ii)  construction  is commenced after January first, nineteen hundred
seventy-five and ON OR before [June twenty-third] DECEMBER THIRTY-FIRST,
two thousand fifteen, provided, however, that (A) SUCH A MULTIPLE DWELL-
ING RECEIVES ITS FIRST TEMPORARY OR PERMANENT CERTIFICATE  OF  OCCUPANCY
COVERING  ALL  RESIDENTIAL AREAS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO
THOUSAND TWENTY-ONE, (B) SOLELY FOR PURPOSES OF DETERMINING WHETHER THIS
SUBPARAGRAPH APPLIES AND NOTWITHSTANDING ANY LOCAL LAW TO THE  CONTRARY,
"COMMENCE" SHALL MEAN THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF
INITIAL  FOOTINGS  AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF
THE  CONVERSION,  ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH, AND  (C)  such  commencement
period shall not apply to multiple dwellings eligible for benefits under
subparagraph (iv) of paragraph (a) of this subdivision;
  S  4.  Subdivision  2 of section 421-a of the real property tax law is
amended by adding a new paragraph (j) to read as follows:
  (J)  VOLUNTARY  RENUNCIATION  OR  TERMINATION.   NOTWITHSTANDING   THE
PROVISIONS  OF  ANY  GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AN
OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANY TAX
EXEMPTION GRANTED PURSUANT TO THIS SUBDIVISION UNLESS THE LOCAL  HOUSING

S. 6009                            34

AGENCY  AUTHORIZES  SUCH  RENUNCIATION OR TERMINATION IN CONNECTION WITH
THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSUANT TO EITHER  THE  PRIVATE
HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE.
  S  5.  The  opening paragraph of subdivision 3 of section 421-a of the
real property tax law is designated paragraph (a) and  a  new  paragraph
(b) is added to read as follows:
  (B)  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY  RULE  THAT
APPLICATIONS BE FILED ELECTRONICALLY.
  S 6. Paragraph (a) of subdivision 6 of section 421-a of the real prop-
erty  tax  law  is amended by adding three new subparagraphs (iii), (iv)
and (v) to read as follows:
  (III) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY BUILDING  IN
A COVERED PROJECT AND NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, THE
DATE  UPON  WHICH  EXCAVATION  AND  CONSTRUCTION OF INITIAL FOOTINGS AND
FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR  AN  ELIGIBLE  CONVER-
SION,  THE  DATE  UPON  WHICH THE ACTUAL CONSTRUCTION OF THE CONVERSION,
ALTERATION OR IMPROVEMENT OF  THE  PRE-EXISTING  BUILDING  OR  STRUCTURE
LAWFULLY BEGINS IN GOOD FAITH.
  (IV)  "COMPLETION  DATE"  SHALL  MEAN  THE  DATE  UPON WHICH THE LOCAL
DEPARTMENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT  CERTIF-
ICATE  OF  OCCUPANCY  COVERING  ALL RESIDENTIAL AREAS OF A BUILDING IN A
COVERED PROJECT.
  (V) "COVERED PROJECT AGREEMENT" SHALL MEAN AN AGREEMENT  EXECUTED  AND
RECORDED  ON  OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, AND
NOT THEREAFTER AMENDED TO  INCLUDE  ADDITIONAL  REAL  PROPERTY,  BY  AND
BETWEEN THE OWNERS OF THE REAL PROPERTY CONTAINING ALL OF THE AFFORDABLE
UNITS  AND  THE  MARKET  UNITS  WHICH  WILL  CONSTITUTE A SINGLE COVERED
PROJECT AS DEFINED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  S 7. Paragraph (b) of subdivision 6 of section 421-a of the real prop-
erty tax law, as added by chapter 110 of the laws of 2005, is amended to
read as follows:
  (b) No  benefits  under  the  provisions  of  this  section  shall  be
conferred on any BUILDING IN A covered project located in the Greenpoint
- Williamsburg waterfront exclusion area unless [such] THE REAL PROPERTY
CONTAINING  SUCH  BUILDING IS IDENTIFIED IN A COVERED PROJECT AGREEMENT,
AND THE COVERED  project  THAT  INCLUDES  SUCH  BUILDING  shall  provide
affordable  housing  for persons and families of low and moderate income
that meets one of the following conditions:
  (i) not less than twenty percent of the units in the  covered  project
are affordable to and occupied or available for occupancy by individuals
or families whose incomes at the time of initial occupancy do not exceed
eighty  percent of the area median incomes adjusted for family size, AND
AT LEAST ONE BUILDING IN SUCH COVERED PROJECT  THAT  CONTAINS  NOT  LESS
THAN  TWENTY PERCENT OF ITS DWELLING UNITS MEETING THIS AFFORDABLE HOUS-
ING  REQUIREMENT  HAS  A  COMMENCEMENT  DATE  ON  OR   BEFORE   DECEMBER
THIRTY-FIRST,  TWO  THOUSAND  FIFTEEN  AND  ALL OF THE BUILDINGS IN SUCH
COVERED PROJECT THAT RECEIVE BENEFITS PURSUANT TO PARAGRAPH (F) OF  THIS
SUBDIVISION  HAVE  A  COMPLETION  DATE  ON OR BEFORE JUNE FIFTEENTH, TWO
THOUSAND TWENTY-FIVE; or
  (ii) not less than ten percent of the units in the covered project are
affordable to and occupied or available for occupancy by individuals  or
families  whose  incomes  at the time of initial occupancy do not exceed
eighty percent of the area median incomes adjusted for family  size  and
not  less than an additional fifteen percent of the units in the covered
project are affordable to and occupied or  available  for  occupancy  by

S. 6009                            35

individuals  or  families whose incomes at the time of initial occupancy
do not exceed one hundred twenty-five percent of the area median incomes
adjusted for family size, AND AT LEAST  ONE  BUILDING  IN  SUCH  COVERED
PROJECT  THAT CONTAINS NOT LESS THAN TWENTY-FIVE PERCENT OF ITS DWELLING
UNITS MEETING THIS AFFORDABLE HOUSING  REQUIREMENT  HAS  A  COMMENCEMENT
DATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ALL OF
THE  BUILDINGS IN SUCH COVERED PROJECT THAT RECEIVE BENEFITS PURSUANT TO
PARAGRAPH (F) OF THIS SUBDIVISION HAVE A COMPLETION DATE  ON  OR  BEFORE
JUNE FIFTEENTH, TWO THOUSAND TWENTY-FIVE.
  S 8. Paragraph (f) of subdivision 6 of section 421-a of the real prop-
erty tax law, as added by chapter 110 of the laws of 2005, is amended to
read as follows:
  (f)  With  respect  to any covered project located entirely within the
Greenpoint - Williamsburg waterfront exclusion area, the period  of  tax
benefits  awarded  to  any building in such covered project shall be the
same as the period of tax benefits awarded under  clause  [(A)]  (D)  of
subparagraph  (iii) of paragraph (a) of subdivision two of this section.
With respect to any covered project which includes one or more buildings
located outside the Greenpoint - Williamsburg waterfront exclusion area,
the period of tax benefits awarded  to  any  building  in  such  covered
project  that is located within the Greenpoint - Williamsburg waterfront
exclusion area shall be the same as the period of tax  benefits  awarded
under  clause  (A)  of subparagraph (ii) of paragraph (a) of subdivision
two of this section.
  S 9. Subdivision 8 of section 421-a of the real property tax  law,  as
added  by chapter 618 of the laws of 2007, subparagraph (i) of paragraph
(a) and paragraph (c) as amended by chapter 15 of the laws of 2008,  and
paragraphs (d) and (e) as amended by chapter 619 of the laws of 2007, is
amended to read as follows:
  8. (a) As used in this subdivision, the following terms shall have the
following meanings:
  (i)  "APPLICANT"  MEANS  AN  APPLICANT  FOR  BENEFITS PURSUANT TO THIS
SECTION, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY  EMPLOYER  OF  BUILDING
SERVICE  EMPLOYEES  FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A
PROPERTY MANAGEMENT COMPANY OR CONTRACTOR.
  (II) "Building service employee" means any  person  who  is  regularly
employed  at a building who performs work in connection with the care or
maintenance of such building. "Building service employee" includes,  but
is  not  limited to [superintendent,] watchman, guard, doorman, building
cleaner, porter, handyman, janitor,  gardener,  groundskeeper,  elevator
operator  and starter, and window cleaner, but shall not include persons
regularly scheduled to work fewer than  eight  hours  per  week  in  the
building.
  [(ii)  "Prevailing wage" means the wage determined by the fiscal offi-
cer to be prevailing for the various classes of building service employ-
ees in the locality pursuant to section two hundred thirty of the  labor
law.]
  (III)  "FISCAL OFFICER" MEANS THE COMPTROLLER OR OTHER ANALOGOUS OFFI-
CER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (b) [No benefits  under  this  section  shall  be  conferred  for  any
construction  commenced on or after December twenty-eighth, two thousand
seven for any tax lots now existing or hereafter  created  except  where
the applicant agrees that all building service employees employed at the
building,  whether employed directly by the applicant or its successors,
or through a property management company or a contractor, shall  receive
the  applicable  prevailing  wage for the duration of the building's tax

S. 6009                            36

exemption.] ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT  IN
A   BUILDING   WHOSE   CONSTRUCTION   COMMENCED  ON  OR  AFTER  DECEMBER
TWENTY-EIGHTH, TWO THOUSAND SEVEN SHALL RECEIVE THE APPLICABLE  PREVAIL-
ING WAGE FOR THE DURATION OF BENEFITS PURSUANT TO THIS SECTION.
  (C)  [The limitations contained in paragraph] THE FISCAL OFFICER SHALL
HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORC-
ING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER:
  (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE  TO  DETERMINE
THE  PREVAILING  WAGES  FOR  BUILDING  SERVICE EMPLOYEES; IN MAKING SUCH
INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE  AND  FRINGE  BENEFIT
DATA  FROM  VARIOUS  SOURCES,  INCLUDING,  BUT  NOT LIMITED TO, DATA AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
  (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE  WORK  OR
ELSEWHERE;
  (III)  TO  EXAMINE  THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE
WAGES PAID TO, AND THE HOURS OF  WORK  PERFORMED  BY,  BUILDING  SERVICE
EMPLOYEES;
  (IV)  TO  HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE-
NAS, ADMINISTER OATHS  AND  EXAMINE  WITNESSES;  THE  ENFORCEMENT  OF  A
SUBPOENA  ISSUED  UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL
PRACTICE LAW AND RULES;
  (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED OCCUPATIONAL CATEGORY OF THE BUILDING  SERVICE  EMPLOYEES  AND  TO
DETERMINE  WHETHER  SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
  (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
  (VII)  TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR
OTHER AUTHORIZED REPRESENTATIVE; AND
  (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER  NECESSARY  FOR
THE   PROPER  EXECUTION  OF  THE  DUTIES,  RESPONSIBILITIES  AND  POWERS
CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH.
  (D) IF THE FISCAL OFFICER FINDS  THAT  THE  APPLICANT  HAS  FAILED  TO
COMPLY  WITH THE PROVISIONS OF THIS SUBDIVISION, HE OR SHE SHALL PRESENT
EVIDENCE OF SUCH NONCOMPLIANCE TO THE LOCAL HOUSING AGENCY.
  (E) PARAGRAPH (b) of this subdivision shall not be applicable to:
  (i) projects containing less than fifty dwelling units; or
  (ii) buildings where  the  local  housing  agency  certifies  that  at
initial  occupancy  at  least  fifty  percent  of the dwelling units are
affordable to individuals or families with a gross household  income  at
or  below  one hundred twenty-five percent of the area median income and
that any such units which  are  located  in  rental  buildings  will  be
subject  to  restrictions to insure that they will remain affordable for
the entire period during which they receive benefits under this section.
  [(d)] (F) The local housing agency shall prescribe  appropriate  sanc-
tions for failure to comply with the provisions of this subdivision.
  [(e)]  (G)  Solely  for purposes of paragraph (b) of this subdivision,
construction shall be deemed to have commenced when excavation or alter-
ation has begun in good faith on  the  basis  of  approved  construction
plans.
  [(f)]  (H)  The  [limitations  on]  eligibility  CRITERIA for benefits
contained in this subdivision shall be in addition to those contained in
any other law or regulation.
  S 10. This act shall take effect  immediately,  except  that  sections
six,  seven  and  eight of this act shall be deemed to have been in full

S. 6009                            37

force and effect on and after June 21, 2005, and section  nine  of  this
act  shall  be deemed to have been in full force and effect on and after
August 17, 2007. Any such benefits provided pursuant to this act, howev-
er,  shall  be  suspended  if within one year from the effective date of
this act no memorandum of understanding has been entered  into  pursuant
to paragraph (b) of subdivision 16 of section 421-a of the real property
tax  law  as  added  by  section one of this act, however, that upon the
execution of such memorandum of understanding after such one year period
such benefits shall be reinstated.

                                 PART C

  Section 1. Section 34 of chapter 91 of the laws of 2002  amending  the
education  law  and other laws relating to the reorganization of the New
York city school construction authority, board of education and communi-
ty boards, as amended by chapter 345 of the laws of 2009, is amended  to
read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one  through  twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2015] 2016;  provided,
further,  that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2015] 2016 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by  section  three  of  this  act,
subdivision  1  of  section  2590-b  of the education law as repealed by
section six of this act, paragraph  (a)  of  subdivision  2  of  section
2590-b  of  the  education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of  section
2590-e  of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law  as  repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision  30-a  of  section  2590-h  of  the  education law as repealed by
section thirty of this  act  shall  be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
  S 2. Subdivision 12 of section 17 of chapter 345 of the laws  of  2009
amending the education law relating to the New York city board of educa-
tion,  chancellor, community councils, and community superintendents, is
amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section  17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2015] 2016.
  S 3. Section 2851 of the education law is  amended  by  adding  a  new
subdivision 5 to read as follows:

S. 6009                            38

  5.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, IN A CITY
HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, A CHARTER SCHOOL
APPROVED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS  SECTION
MAY APPLY AT ANY TIME TO ANOTHER CHARTER ENTITY DEFINED IN PARAGRAPH (B)
OR  (C) OF SUBDIVISION THREE OF THIS SECTION TO REQUEST SUCH OTHER CHAR-
TER ENTITY TO OVERSEE AND SUPERVISE SUCH CHARTER SCHOOL. ALL OBLIGATIONS
OF THE CHANCELLOR TO OVERSEE AND SUPERVISE A CHARTER SCHOOL SHALL TERMI-
NATE UPON SUCH CHARTER SCHOOL ENTERING  INTO  A  CHARTER  AGREEMENT,  AS
DEFINED IN SUBDIVISION FIVE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF
THIS  ARTICLE,  WITH  ANOTHER  CHARTER  ENTITY, AND THE CHANCELLOR SHALL
PROVIDE IN A TIMELY FASHION  INFORMATION  RELEVANT  TO  THE  CHARTER  AS
REQUESTED BY SUCH OTHER CHARTER ENTITY.
  S  4.  Subdivisions  9  and  9-a of section 2852 of the education law,
subdivision 9 as amended and subdivision 9-a as added by chapter 101  of
the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter
221  of the laws of 2010, paragraph (f) of subdivision 9-a as amended by
chapter 102 of the laws of 2010, are amended to read as follows:
  9. The total number of charters issued pursuant to this article STATE-
WIDE shall not exceed four hundred sixty.   (a)  [One  hundred  of  such
charters  shall  be  issued  on the recommendation of the charter entity
described in paragraph (b) of subdivision three of section  twenty-eight
hundred  fifty-one  of  this  article;  (b) one hundred of such charters
shall be issued on the recommendation of the other charter entities  set
forth  in subdivision three of section twenty-eight hundred fifty-one of
this article; (c) up to fifty of the additional charters  authorized  to
be issued by the chapter of the laws of two thousand seven which amended
this  subdivision  effective  July  first,  two  thousand seven shall be
reserved for a city school district of a city having a population of one
million or more; (d) one hundred thirty charters shall be issued by  the
board  of  regents  pursuant to a competitive process in accordance with
subdivision nine-a of this section, provided that no  more  than  fifty-
seven  of such charters shall be granted to a charter for a school to be
located in a city having a population of one million or  more;  (e)  one
hundred  thirty  charters shall be issued by the board of regents on the
recommendation of the board of trustees of the state university  of  New
York  pursuant  to  a competitive process in accordance with subdivision
nine-a of this section, provided that no more than fifty-seven  of  such
charters  shall  be granted to a charter for a school to be located in a
city having a population of one million or more] ALL CHARTERS ISSUED  ON
OR  AFTER  FEBRUARY  FIRST,  TWO THOUSAND FIFTEEN AND COUNTED TOWARD THE
NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION SHALL BE ISSUED BY  THE
BOARD OF REGENTS UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON
THE  RECOMMENDATION  OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF
NEW YORK PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE  WITH  SUBDIVI-
SION  NINE-A OF THIS SECTION. The failure of any body to issue the regu-
lations authorized pursuant to this article shall not affect the author-
ity of a charter entity to propose a charter to the board of regents  or
the  board  of regents' authority to grant such charter. A conversion of
an existing public school to a charter school or the renewal  or  exten-
sion  of  a  charter APPROVED BY ANY CHARTER ENTITY shall not be counted
toward the numerical limits established by this subdivision.
  (B) A CHARTER SCHOOL WHOSE CHARTER HAS BEEN  SURRENDERED,  REVOKED  OR
TERMINATED,  INCLUDING  A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF
ITS CHARTER ENTITY, SHALL NOT BE COUNTED  TOWARD  THE  NUMERICAL  LIMITS
ESTABLISHED  BY  THIS  SUBDIVISION  AND INSTEAD SHALL BE RETURNED TO THE
STATEWIDE POOL AND MAY BE REISSUED BY THE BOARD OF REGENTS  EITHER  UPON

S. 6009                            39

APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF
THE  BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A
COMPETITIVE PROCESS  IN  ACCORDANCE  WITH  SUBDIVISION  NINE-A  OF  THIS
SECTION.
  (C)  FOR  PURPOSES  OF DETERMINING THE TOTAL NUMBER OF CHARTERS ISSUED
WITHIN  THE  NUMERICAL  LIMITS  ESTABLISHED  BY  THIS  SUBDIVISION,  THE
APPROVAL DATE OF THE CHARTERING ENTITY SHALL BE THE DETERMINING FACTOR.
  9-a.  (a)  The  board  of regents is hereby authorized and directed to
issue [two] UP TO FOUR hundred sixty charters UPON  EITHER  APPLICATIONS
SUBMITTED  DIRECTLY  TO THE BOARD OF REGENTS OR APPLICATIONS RECOMMENDED
BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursuant to
a competitive request for proposals process.
  [(i) Commencing on August first, two thousand  ten  through  September
first,  two  thousand  thirteen,  the  board of regents and the board of
trustees of the state university of New York shall each issue a  request
for proposals in accordance with this subdivision and this subparagraph:
  (1)  Each  request  for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on  August
first, two thousand ten shall be for a maximum of thirty-two charters to
be  issued for charter schools which would commence instructional opera-
tion by the September of the next calendar year.
  (2) Each request for proposals to be issued by the  board  of  regents
and the board of trustees of the state university of New York on January
first,  two thousand eleven shall be for a maximum of thirty-three char-
ters to be issued for charter schools which would commence instructional
operation by the September of the next calendar year.
  (3) Each request for proposals to be issued by the  board  of  regents
and the board of trustees of the state university of New York on January
first, two thousand twelve shall be for a maximum of thirty-two charters
to  be  issued  for  charter  schools which would commence instructional
operation by the September of the next calendar year.
  (4) Each request for proposals to be issued by the  board  of  regents
and the board of trustees of the state university of New York on Septem-
ber  first, two thousand thirteen shall be for a maximum of thirty-three
charters to be issued for charter schools which would commence  instruc-
tional operation by the September of the next calendar year.
  (ii) If after September first, two thousand thirteen, either the board
of  regents or the board of trustees of the state university of New York
have any charters which have not yet been issued,  they  may  be  issued
pursuant to requests for proposals issued in each succeeding year, with-
out  limitation as to when such requests for proposals may be issued, or
a limitation on the number of charters which may be issued.
  (iii) Notwithstanding the provisions of clauses one,  two,  three  and
four of subparagraph (i) of this paragraph and subparagraph (ii) of this
paragraph,  if  fewer  charters  are  issued than were requested in such
request for proposals, the difference may be  added  to  the  number  of
charters  requested in the request for proposals issued in each succeed-
ing year.
  (iv)] The board of regents shall make a determination to issue a char-
ter pursuant to a request for proposals no later than  December  thirty-
first of each year.
  (b)  The  board  of  regents  and  the  board of trustees of the state
university of New York shall each develop such request for proposals  in
a manner that facilitates a thoughtful review of charter school applica-
tions,  considers  the  demand for charter schools by the community, and
seeks to locate charter schools in a region or regions where  there  may

S. 6009                            40

be  a  lack  of alternatives and access to charter schools would provide
new alternatives within the local public  education  system  that  would
offer  the  greatest educational benefit to students. Applications shall
be  evaluated  in  accordance with the criteria and objectives contained
within a request for proposals. The board of regents and  the  board  of
trustees  of  the  state  university  of New York shall not consider any
applications which do not rigorously demonstrate that they have met  the
following criteria:
  (i)  that  the proposed charter school would meet or exceed enrollment
and retention targets, as prescribed by the  board  of  regents  or  the
board of trustees of the state university of New York, as applicable, of
students  with disabilities, English language learners, and students who
are eligible applicants for the free and reduced  price  lunch  program.
When  developing  such  targets,  the  board of regents and the board of
trustees of the state university of New York, shall ensure (1) that such
enrollment targets are comparable to  the  enrollment  figures  of  such
categories  of  students  attending the public schools within the school
district, or in a city school district in a city having a population  of
one million or more inhabitants, the community school district, in which
the  proposed  charter  school  would  be  located;  and  (2)  that such
retention targets are comparable to the rate of retention of such  cate-
gories  of  students  attending  the  public  schools  within the school
district, or in a city school district in a city having a population  of
one million or more inhabitants, the community school district, in which
the proposed charter school would be located; and
  (ii)  that  the applicant has conducted public outreach, in conformity
with a thorough and meaningful public review process prescribed  by  the
board  of  regents  and the board of trustees of the state university of
New York, to solicit community  input  regarding  the  proposed  charter
school  and  to  address  comments  received from the impacted community
concerning the educational and programmatic needs of students.
  (c) The board of regents and  the  board  of  trustees  of  the  state
university of New York shall grant priority based on a scoring rubric to
those  applications  that  best  demonstrate  how  they will achieve the
following objectives, and any additional objectives the board of regents
and the board of trustees of the  state  university  of  New  York,  may
prescribe:
  (i)  increasing student achievement and decreasing student achievement
gaps in reading/language arts and mathematics;
  (ii) increasing high school graduation rates and focusing  on  serving
specific  high school student populations including, but not limited to,
students at risk of not obtaining a  high  school  diploma,  re-enrolled
high  school  drop-outs,  and  students with academic skills below grade
level;
  (iii) focusing on the academic achievement of middle  school  students
and preparing them for a successful transition to high school;
  (iv)   utilizing   high-quality  assessments  designed  to  measure  a
student's knowledge, understanding of, and ability  to  apply,  critical
concepts through the use of a variety of item types and formats;
  (v)  increasing  the  acquisition, adoption, and use of local instruc-
tional improvement systems that provide teachers, principals, and admin-
istrators with the information and resources they  need  to  inform  and
improve  their  instructional  practices,  decision-making,  and overall
effectiveness;
  (vi) partnering with low performing public  schools  in  the  area  to
share best educational practices and innovations;

S. 6009                            41

  (vii) demonstrating the management and leadership techniques necessary
to  overcome  initial  start-up problems to establish a thriving, finan-
cially viable charter school;
  (viii)  demonstrating  the support of the school district in which the
proposed charter school will be located and the intent to  establish  an
ongoing relationship with such school district.
  (d)  No  later  than  November  first,  two  thousand ten, and of each
succeeding year, after a thorough review of applications  received,  the
board  of  trustees  of the state university of New York shall recommend
for approval to the board of regents the qualified applications that  it
has  determined rigorously demonstrate the criteria and best satisfy the
objectives contained within a request for proposals, along with support-
ing documentation outlining such determination.
  (e) Upon receipt of a proposed charter to be issued pursuant  to  this
subdivision  submitted  by a charter entity, the board of regents or the
board of trustees of the state university of  New  York,  shall  review,
recommend and issue, as applicable, such charters in accordance with the
standards established in this subdivision.
  (f)  The board of regents shall be the only entity authorized to issue
a charter pursuant to this article. The board of regents shall  consider
applications submitted directly to the board of regents and applications
recommended  by  the  board  of  trustees of the state university of New
York. Provided, however, that all such recommended applications shall be
deemed approved and issued pursuant to the  provisions  of  subdivisions
five, five-a and five-b of this section.
  (g)  Each application submitted in response to a request for proposals
pursuant to this subdivision shall also meet  the  application  require-
ments  set  out in this article and any other applicable laws, rules and
regulations.
  (h) During the development of a request for proposals pursuant to this
subdivision the board of regents and the board of trustees of the  state
university  of  New  York shall each afford the public an opportunity to
submit comments and shall review and consider the comments raised by all
interested parties.
  S 5. Section 2590-q of the education law is amended by  adding  a  new
subdivision 19 to read as follows:
  19.  WITH  RESPECT  TO SPECIAL, FEDERAL, STATE, AND PRIVATE FUNDS, THE
CHANCELLOR SHALL REPORT THE DISTRIBUTION OF  SUCH  FUNDS  BY  INDIVIDUAL
SCHOOL,  AND  ON  A  PER  PUPIL  BASIS FOR EACH INDIVIDUAL SCHOOL TO THE
GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER  OF  THE  ASSEMBLY,
AND SPEAKER OF THE CITY COUNCIL ON OR BEFORE MAY FIRST OF EACH YEAR.
  S  6. The opening paragraph of section 2590-r of the education law, as
amended by chapter 345 of the laws   of 2009,  is  amended  to  read  as
follows:
  The chancellor shall, in consultation with the city board and communi-
ty  district  superintendents,  establish in regulations a comprehensive
process of school-based budgeting and  expenditure  reporting  no  later
than  November first, nineteen hundred ninety-eight. ANY REPORT PREPARED
IN ACCORDANCE WITH THIS SECTION  SHALL  BE  PUBLICLY  AVAILABLE  ON  THE
WEBSITE  OF  THE  NEW YORK CITY DEPARTMENT OF EDUCATION. Notwithstanding
any provision of section twenty-five hundred ninety-q of this article to
the contrary, such regulations shall include provisions for:
  S 7. Section 2590-g of the education law is amended by  adding  a  new
subdivision 12-a to read as follows:
  12-A.  PROVIDE  INFORMATION,  DATA, ESTIMATES AND STATISTICS REGARDING
ALL MATTERS RELATING TO THE CITY DISTRICT, AS REQUESTED BY  MEMBERS  AND

S. 6009                            42

OFFICERS  OF  THE  SENATE,  ASSEMBLY, AND GOVERNOR'S OFFICE, IN A TIMELY
FASHION. SUCH INFORMATION SHALL BE MAINTAINED AND UPDATED  IN  A  TIMELY
FASHION  AND  SHALL AT A MINIMUM INCLUDE DATA RELATING TO:  (A) NEW YORK
CITY  DEPARTMENT  OF  EDUCATION  SCHOOL CHARACTERISTICS INCLUDING GRADES
SERVED, NUMBER OF TEACHERS,  STUDENT  ENROLLMENT,  SCHOOL  TYPE,  SCHOOL
CHARACTERISTICS,  QUALITY  REVIEW  SCORES,  GRADUATION RATES AND AVERAGE
CLASS SIZE; (B) NEW YORK CITY DEPARTMENT OF EDUCATION PRINCIPAL  CHARAC-
TERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION LEVEL, YEARS OF
EXPERIENCE  AND TENURE STATUS; (C) NEW YORK CITY DEPARTMENT OF EDUCATION
TEACHER CHARACTERISTICS INCLUDING CURRENT EMPLOYMENT  STATUS,  EDUCATION
LEVEL, YEARS OF TEACHING EXPERIENCE, TENURE STATUS, SUBJECT AREA TAUGHT,
NUMBER  OF  STUDENTS TAUGHT, NUMBER OF CLASSES TAUGHT PER DAY AND ATTRI-
TION RATE; (D) NEW YORK CITY DEPARTMENT OF EDUCATION STUDENT  CHARACTER-
ISTICS INCLUDING GRADE LEVEL, SCHOOL ATTENDANCE, AND OTHER DEMOGRAPHICS;
(E)  GIFTED  AND  TALENTED PROGRAMS APPLICATION DATA INCLUDING ADMISSION
DECISIONS, STUDENT DEMOGRAPHICS AND STUDENT TEST SCORES; (F) PRE-KINDER-
GARTEN PROGRAMS INCLUDING PROGRAM LOCATIONS, CAPACITY,  STUDENT  ENROLL-
MENT,  NUMBER  OF TEACHERS, TEACHER CHARACTERISTICS, STUDENT ATTENDANCE,
STUDENT DEMOGRAPHICS AND EFFECTIVENESS DATA; (G) FUNDING  FOR  NEW  YORK
CITY  DEPARTMENT  OF  EDUCATION  SCHOOLS INCLUDING DEPARTMENT FUNDING BY
DOLLARS, EXPENDITURES BY CATEGORY AND EXTERNAL FUNDING IN  DOLLARS;  (H)
FUNDING  FOR  NEW  YORK  CITY DEPARTMENT OF EDUCATION PROGRAMS INCLUDING
DEPARTMENT FUNDING IN DOLLARS, AND EXTERNAL FUNDING IN DOLLARS; AND  (I)
GENERAL NEW YORK CITY DEPARTMENT OF EDUCATION BUDGET. PROVIDED, HOWEVER,
THAT ALL INQUIRIES MADE IN ACCORDANCE WITH THIS SUBDIVISION SHALL COMPLY
WITH APPLICABLE STATE AND FEDERAL PRIVACY LAWS.
  S  8.  Paragraph (b) of subdivision 2 of section 2854 of the education
law, as amended by chapter 101 of the laws of 2010, is amended and a new
paragraph (b-1) is added to read as follows:
  (b) Any child who is qualified under the laws of this state for admis-
sion to a public school is qualified for admission to a charter  school.
Applications  for  admission to a charter school shall be submitted on a
uniform application form created by the department  and  shall  be  made
available  by  a charter school in languages predominately spoken in the
community in which such charter school  is  located.  The  school  shall
enroll  each  eligible  student  who submits a timely application by the
first day of April each year, unless the number of applications  exceeds
the  capacity  of  the  grade level or building. In such cases, students
shall be accepted from among applicants by a random  selection  process,
provided,  however,  that  an enrollment preference shall be provided to
pupils returning to the charter school in the second or  any  subsequent
year  of  operation  and pupils residing in the school district in which
the charter school is located, and siblings of pupils  already  enrolled
in the charter school.
  (B-1)  THE SCHOOL MAY OFFER AN ENROLLMENT PREFERENCE TO PUPILS WHO ARE
THE CHILDREN OF EMPLOYEES OF THE CHARTER SCHOOL,  THE  EDUCATION  CORPO-
RATION,  OR THE CHARTER MANAGEMENT ORGANIZATION FOR SUCH CHARTER SCHOOL;
PROVIDED THAT ANY ENROLLMENT PREFERENCES OFFERED PURSUANT TO THIS  PARA-
GRAPH  SHALL  NOT  TOGETHER  EXCEED  TWENTY  PERCENT  OF  NEWLY ADMITTED
STUDENTS IN THE APPLICABLE SCHOOL YEAR.
  (B-2) The commissioner shall establish regulations to require that the
random  selection  process  conducted  pursuant  to  this  paragraph  be
performed  in a transparent and equitable manner and to require that the
time and place of the random selection process be publicized in a manner
consistent with the requirements of section  one  hundred  four  of  the
public  officers law and be open to the public. For the purposes of this

S. 6009                            43

paragraph and paragraph (a) of this subdivision, the school district  in
which  the  charter  school  is  located shall mean, for the city school
district of the city of New York, the community district  in  which  the
charter school is located.
  S 9. Paragraph (a-1) of subdivision 3 of section 2854 of the education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (a-1) The board of trustees of  a  charter  school  shall  employ  and
contract  with  necessary  teachers,  administrators  and  other  school
personnel. Such teachers shall  be  certified  in  accordance  with  the
requirements applicable to other public schools; provided, however, that
a charter school may employ as teachers (i) uncertified teachers with at
least  three years of elementary, middle or secondary classroom teaching
experience; (ii) tenured or tenure track college faculty; (iii) individ-
uals with two years of satisfactory experience  through  the  Teach  for
America  program; and (iv) individuals who possess exceptional business,
professional, artistic,  athletic,  or  military  experience,  provided,
however,  that  such teachers described in clauses (i), (ii), (iii), and
(iv) of this paragraph shall not in total comprise more than thirty  per
centum  of  the  teaching  staff  of a charter school, or five teachers,
whichever is [less] GREATER.  A teacher certified or otherwise  approved
by the commissioner shall not be included in the numerical limits estab-
lished by the preceding sentence.
  S  10.  Pursuant  to a schedule to be developed by the director of the
budget, the mayor of the city of New  York  shall  submit  an  education
budget  plan, including the overall education funding amount and funding
distribution policy, in a form to be developed by the  director  of  the
budget,  demonstrating  how  the  mayor's proposed education budget will
target resources at  schools  serving  students  with  higher  needs  to
improve  student  achievement city-wide. Such education budget plan must
be approved by the director of the budget, the  temporary  president  of
the  senate,  and  the  speaker  of  the  assembly  prior to the mayor's
submission of a proposed executive budget to the New York city  council.
The final adopted budget, as well as any subsequent modifications, shall
be consistent with the approved education budget plan unless any changes
are  approved  by the director of the budget, the temporary president of
the senate, and the speaker of the assembly.
  S 11. This act shall take effect immediately; provided that:
  1. The amendments to section 2590-q  of  the  education  law  made  by
section  five of this act shall be deemed to have been in full force and
effect on and after January 1, 2012, and shall not affect the expiration
of such section and shall expire therewith;
  2. The amendments to section 2590-r  of  the  education  law  made  by
section  six  of this act shall be deemed to have been in full force and
effect on and after January 1, 2012, and shall not affect the expiration
of such section and shall expire therewith;
  3. The amendments to section 2590-g  of  the  education  law  made  by
section seven of this act shall be deemed to have been in full force and
effect on and after January 1, 2012, and shall not affect the expiration
of such section and shall expire therewith.

                                 PART D

  Section 1. Section 1 of subpart E of part EE of chapter 56 of the laws
of  2015,  amending  the  education  law  relating to annual performance

S. 6009                            44

reviews of classroom teachers and building  principals,  is  amended  to
read as follows:
  Section   1.   Authority  of  the  commissioner.  Notwithstanding  any
provisions of section 3012-c of the education law to the  contrary,  the
commissioner of the state education department, is hereby authorized and
directed  to,  subject to the provisions of section 207 of the education
law, adopt regulations of the commissioner and guidelines no later  than
June  30,  2015  AND  SHALL  THEREAFTER  PUBLISH  SUCH REGULATIONS FOR A
COMMENT PERIOD OF FORTY-FIVE DAYS AFTER WHICH SUCH  REGULATIONS  MAY  BE
AMENDED;  to  implement  a statewide annual teacher and principal evalu-
ation system in New York state pursuant to section 3012-d of the  educa-
tion  law, as added by this act, after consulting with experts and prac-
titioners in the fields of education, economics  and  psychometrics  and
taking  into  consideration  the parameters set forth in the letter from
the Chancellor of the Board of Regents  and  acting  commissioner  dated
December  31,  2014, to the New York State Director of State Operations.
The commissioner  shall  also  establish  a  process  to  accept  public
comments  and  recommendations  regarding  the  adoption  of regulations
pursuant to section 3012-d of the education law and consult  in  writing
with  the  Secretary  of  the  United  States Department of Education on
weights, measures and ranking of evaluation categories and subcomponents
and shall release the response from the Secretary upon  receipt  thereof
but in any event prior to publication of the regulations hereunder.
  S  2.  Subdivision 11 of section 3012-d of the education law, as added
by section 2 of subpart E of part EE of chapter 56 of the laws of  2015,
is amended and a new subdivision 11-a is added to read as follows:
  11.  Notwithstanding  any  inconsistent  provision  of  law, no school
district shall be eligible for an apportionment of general  support  for
public  schools  from  the  funds appropriated for the 2015--2016 school
year and any year thereafter in excess of the amount apportioned to such
school district in the respective base year unless such school  district
has  submitted  documentation that has been approved by the commissioner
by [November  fifteenth]  FEBRUARY  FIFTEENTH,  two  thousand  [fifteen]
SIXTEEN,  or  by  September first of each subsequent year, demonstrating
that it has fully implemented the standards and procedures for  conduct-
ing  annual teacher and principal evaluations of teachers and principals
in accordance with the requirements of this section and the  regulations
issued  by  the  commissioner.  Provided  further that any apportionment
withheld pursuant to this section shall not occur prior to  April  first
of  the  current  year  and  shall  not have any effect on the base year
calculation for use in the subsequent school year. For purposes of  this
section,  "base year" shall mean the base year as defined in paragraph b
of subdivision one of section thirty-six hundred two  of  this  chapter,
and "current year" shall mean the current year as defined in paragraph a
of subdivision one of section thirty-six hundred two of this chapter.
  11-A.  THE  COMMISSIONER  SHALL  PROMULGATE  RULES  AND REGULATIONS TO
PROVIDE A WAIVER FROM FULLY IMPLEMENTING THE  STANDARDS  AND  PROCEDURES
FOR  CONDUCTING  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF TEACHERS AND
PRINCIPALS IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION  AND  THE
REGULATIONS  BY  THE  COMMISSIONER  BY  FEBRUARY FIFTEENTH, TWO THOUSAND
SIXTEEN, BASED ON HARDSHIP.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 51-a to read as follows:
  51-A.  ON  OR  BEFORE  JUNE FIRST, TWO THOUSAND FIFTEEN, AND EACH YEAR
THEREAFTER, THE COMMISSIONER SHALL RELEASE THE TEST QUESTIONS AND CORRE-
SPONDING CORRECT ANSWERS FROM EACH OF  THE  MOST  RECENTLY  ADMINISTERED

S. 6009                            45

ENGLISH  LANGUAGE  ARTS  AND  MATHEMATICS  EXAMINATIONS  IN GRADES THREE
THROUGH EIGHT OF THAT YEAR. THE NUMBER OF QUESTIONS AND ANSWERS RELEASED
SHALL NOT BE SO SIGNIFICANT AS TO HINDER OR IMPAIR THE  VALIDITY  AND/OR
RELIABILITY  OF FUTURE EXAMINATIONS BUT SHALL PROVIDE ENOUGH OF AN OVER-
VIEW OF EACH EXAMINATION SO THAT TEACHERS,  ADMINISTRATORS,  PRINCIPALS,
PARENTS  AND  STUDENTS  CAN  BE PROVIDED WITH SUFFICIENT FEEDBACK ON THE
TYPES OF QUESTIONS ADMINISTERED AND BY JULY FIRST, TWO THOUSAND FIFTEEN,
AND EACH YEAR THEREAFTER, THE COMMISSIONER  SHALL  RELEASE  THE  GENERAL
STUDENT SUCCESS RATE IN ANSWERING SUCH QUESTIONS CORRECTLY.
  S   4.  The  sum  of  eight  million  four  hundred  thousand  dollars
($8,400,000), or so much thereof as may be necessary, is  hereby  appro-
priated  to  the  department of education out of any moneys in the state
treasury in the general  fund  to  the  credit  of  the  state  purposes
account, not otherwise appropriated, and made immediately available, for
the  purpose  of  carrying  out  the  provisions  of subdivision 51-a of
section 305 of the education law, as added by section three of this act,
and in order to create  and  print  more  forms  of  state  standardized
assessments  in  order  to  eliminate  stand-alone multiple choice field
tests and release a significant amount of test  questions.  Such  moneys
shall be payable on the audit and warrant of the comptroller on vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law.
  S 5. Subparagraph 1 of paragraph a of subdivision 4 of section  3012-d
of  the  education law, as added by section 2 of subpart E of part EE of
chapter 56 of the laws of 2015, is amended to read as follows:
  (1) For the first subcomponent, (A) for a teacher whose course ends in
a state-created or administered test for which there is a state-provided
growth model, such teacher shall  have  a  state-provided  growth  score
based on such model, WHICH SHALL TAKE INTO CONSIDERATION CERTAIN STUDENT
CHARACTERISTICS,  AS  DETERMINED  BY THE COMMISSIONER, INCLUDING BUT NOT
LIMITED TO STUDENTS WITH DISABILITIES, POVERTY, ENGLISH LANGUAGE LEARNER
STATUS, PRIOR ACADEMIC HISTORY AND WHICH SHALL IDENTIFY EDUCATORS  WHOSE
STUDENT'S GROWTH IS WELL ABOVE OR WELL BELOW AVERAGE COMPARED TO SIMILAR
STUDENTS  FOR  A  TEACHER'S  OR  PRINCIPAL'S  STUDENTS AFTER THE CERTAIN
STUDENT CHARACTERISTICS LISTED ABOVE ARE TAKEN INTO ACCOUNT; and (B) for
a teacher whose course does not end in a state-created  or  administered
test such teacher shall have a student learning objective (SLO) consist-
ent  with  a goal-setting process determined or developed by the commis-
sioner, that results in a student growth score; provided that,  for  any
teacher  whose course ends in a state-created or administered assessment
for which there is no state-provided growth model, such assessment  must
be used as the underlying assessment for such SLO;
  S  6.  Section  305  of the education law is amended by adding two new
subdivisions 53 and 54 to read as follows:
  53. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH A CONTENT
REVIEW COMMITTEE FOR THE PURPOSES OF  REVIEWING  ALL  STANDARDIZED  TEST
ITEMS  AND/OR  SELECTED PASSAGES USED ON ENGLISH LANGUAGE ARTS AND MATH-
EMATICS STATE ASSESSMENTS FOR GRADES THREE THROUGH EIGHT TO ENSURE:  (A)
THEY ARE GRADE LEVEL APPROPRIATE, IN GENERAL; (B) THEY ARE PRESENTED  AT
A READABILITY LEVEL THAT IS GRADE LEVEL APPROPRIATE; (C) THEY ARE WITHIN
GRADE LEVEL EXPECTATION; AND (D) THEY APPROPRIATELY MEASURE THE LEARNING
STANDARDS  APPROVED  BY  THE BOARD OF REGENTS APPLICABLE TO SUCH SUBJECT
AND/OR GRADE LEVEL. THE REVIEW OF  SUCH  ITEMS  AND  PASSAGES  SHALL  BE
CONDUCTED  PRIOR  TO THEIR USE IN SUCH ASSESSMENTS PROVIDED HOWEVER, FOR
THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR ONLY, IF SUCH
REQUIREMENT WOULD PREVENT THE ABILITY OF SUCH ASSESSMENTS TO BE ADMINIS-

S. 6009                            46

TERED, THEN ITEMS OR PASSAGES THAT HAVE NOT BEEN REVIEWED MAY  BE  USED.
PROVIDED  FURTHER,  THE  CONTENT  REVIEW  COMMITTEE SHALL REVIEW ANY NEW
STANDARDIZED TEST ITEMS AND/OR SELECTED PASSAGES PRIOR TO THEIR  USE  IN
STATE  ASSESSMENTS.  SUCH  COMMITTEE SHALL ALSO ENSURE THAT ANY NEW TEST
ITEMS AND/OR SELECTED PASSAGES ARE FAIR AND  APPROPRIATELY  MEASURE  THE
LEARNING  STANDARDS  APPROVED BY THE BOARD OF REGENTS APPLICABLE TO SUCH
SUBJECT AND/OR GRADE  LEVEL.  SUCH  COMMITTEE  SHALL  ALSO  ENSURE  THAT
ADEQUATE  AND  APPROPRIATE  TIME  IS  GIVEN TO STUDENTS FOR THE ADMINIS-
TRATION  OF  SUCH  ASSESSMENTS,  PROVIDED   HOWEVER   THAT   SUBDIVISION
FORTY-NINE  OF  THIS  SECTION  MUST BE COMPLIED WITH. THE CONTENT REVIEW
COMMITTEE SHALL INCLUDE CLASSROOM TEACHERS AND EXPERIENCED EDUCATORS  IN
THE  CONTENT  AREA  AND/OR  GRADE  LEVEL  OF  THE  ITEMS/PASSAGES  BEING
REVIEWED, INCLUDING TEACHERS OF STUDENTS WITH DISABILITIES  AND  ENGLISH
LANGUAGE LEARNERS.
  54. A. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, NO
TEACHER, PRINCIPAL, OR SUPERINTENDENT SHALL BE REQUIRED TO SIGN A CONFI-
DENTIALITY  AGREEMENT  WITH  THEIR  RESPECTIVE SCHOOL DISTRICT, BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, OR THE DEPARTMENT THAT  PREVENTS  SUCH
TEACHER,  PRINCIPAL,  OR  SUPERINTENDENT FROM DISCUSSING THE CONTENTS OF
ANY ENGLISH LANGUAGE ARTS AND MATHEMATICS ASSESSMENTS  IN  GRADES  THREE
THROUGH EIGHT.
  B.  THE  COMMISSIONER  SHALL AMEND AND/OR MODIFY ANY CURRENT CONFIDEN-
TIALITY AGREEMENT TO REMOVE ANY PROVISIONS THAT PREVENT TEACHERS,  PRIN-
CIPALS,  OR  SUPERINTENDENTS FROM DISCUSSING THE CONTENTS OF ANY ENGLISH
LANGUAGE ARTS AND MATHEMATICS ASSESSMENTS IN GRADES THREE THROUGH EIGHT.
  S 7. Notwithstanding any other provision of law, rule or regulation to
the contrary, any previously entered into contract shall be  amended  to
incorporate  the  provisions of section six of this act and any required
approval of such contract amendments by a state agency  shall  be  expe-
dited to ensure compliance with section six of this act.
  S  8.  The  commissioner  of  education  shall conduct a comprehensive
review of the education standards administered by  the  state  education
department  and  seek  input from education stakeholders when conducting
such review. The review shall examine aspects of the learning  standards
adopted  by  the  board of regents in 2011 including but not limited to:
whether curriculum materials and modules are aligned  to  standards  and
fully  available  to  school districts, age and grade appropriateness of
such standards, and current progress of the implementation of such stan-
dards. The review shall also contain recommendations on  how  to  modify
the  standards  if deemed necessary and appropriate provided such recom-
mended modifications shall be in accordance with  federal  requirements.
This  review  shall  be  completed  on  or  before  June  30, 2016. Upon
completion of the review the board of regents shall consider  the  find-
ings of the review and vote to accept or reject any recommendations made
by the commissioner within 60 days.
  S  9.  This act shall take effect immediately; provided, however, that
nothing in this act shall prevent or impair the commissioner  of  educa-
tion  from  complying  with  the provisions of section three of this act
prior to its effective date and provided further that, if this act takes
effect after June 1, 2015, the  commissioner  of  education  shall  have
thirty  days  from  such effective date to comply with the provisions of
section three of this act; and provided further that section six of this
act shall take effect December 1, 2015.

                                 PART E

S. 6009                            47

  Section 1. Section 13 of part A of 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, is amended to read as follows:
  S  13. This act shall take effect immediately; provided, however, that
sections two through eleven of this act shall take effect July  1,  2011
and shall first apply to school district budgets and the budget adoption
process  for  the  2012-13  school  year; and shall continue to apply to
school district budgets and the budget adoption process for  any  school
year  beginning in any calendar year during which this act is in effect;
provided further, that if section 26 of part A of chapter 58 of the laws
of 2011 shall not have taken effect on or before such date then  section
ten  of  this  act  shall  take  effect on the same date and in the same
manner as such chapter of the  laws  of  2011,  takes  effect;  provided
further,  that  section one of this act shall first apply to the levy of
taxes by local governments for the fiscal year that begins in  2012  and
shall  continue  to  apply to the levy of taxes by local governments for
any fiscal year beginning in any calendar year during which this act  is
in  effect[; provided, further, that this act shall remain in full force
and effect at a minimum until and including  June  15,  2016  and  shall
remain in effect thereafter only so long as the public emergency requir-
ing  the  regulation  and control of residential rents and evictions and
all such laws providing for such  regulation  and  control  continue  as
provided  in  subdivision  3  of  section  1 of the local emergency rent
control act, sections 26-501, 26-502 and 26-520  of  the  administrative
code  of  the city of New York, section 17 of chapter 576 of the laws of
1974 and subdivision 2 of section 1 of chapter 274 of the laws  of  1946
constituting  the  emergency housing rent control law, and section 10 of
chapter 555 of the laws of 1982, amending the general business  law  and
the  administrative code of the city of New York relating to conversions
of residential property  to cooperative or condominium ownership in  the
city of New York as such laws are continued by chapter 93 of the laws of
2011 and as such sections are amended from time to time].
  S 2. This act shall take effect immediately.

                                 PART F

  Section  1.  The  real  property  tax  law  is amended by adding a new
section 1306-b to read as follows:
  S 1306-B.  NEW YORK PROPERTY TAX RELIEF CHECK PROGRAM. 1. TAX REBATES.
(A) FOR BASIC  AND  ENHANCED  REBATES  BEGINNING  IN  THE  TWO  THOUSAND
FIFTEEN--TWO  THOUSAND SIXTEEN SCHOOL YEAR AND EACH YEAR THEREAFTER IF A
PARCEL IS ENTITLED TO THE BASIC OR ENHANCED STAR EXEMPTION AUTHORIZED BY
SECTION FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER, A LOCAL  PROPERTY  TAX
REBATE  SHALL BE PROVIDED TO THE OWNER OR OWNERS OF SUCH PARCEL AS SHOWN
ON THE FINAL ASSESSMENT ROLL FOR SUCH YEAR, IN  AN  AMOUNT  COMPUTED  AS
PRESCRIBED  BY THIS SECTION AND SECTION ONE HUNDRED SEVENTY-EIGHT OF THE
TAX LAW.
  (B) NO TAX REBATE SHALL BE PROVIDED TO AN OWNER OR OWNERS PURSUANT  TO
PARAGRAPH  A  OF  THIS  SUBDIVISION IF THE AMOUNT OF SUCH REBATE IS LESS
THAN OR EQUAL TO A CREDIT AUTHORIZED TO BE PROVIDED TO A TAX PAYER OF AN
INDEPENDENT OR DEPENDENT SCHOOL DISTRICT PURSUANT TO SUBSECTION (BBB) OF
SECTION SIX HUNDRED SIX OF THE TAX LAW OR IF SUCH CREDIT  IS  LESS  THAN
TWENTY DOLLARS IN A SINGLE YEAR.
  (C)  AN  INDEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO THE PROVISIONS
OF SECTION TWO THOUSAND TWENTY-THREE-A OF THE EDUCATION  LAW  MUST  MEET

S. 6009                            48

THE  APPLICABLE  REQUIREMENTS  OF SECTION TWO THOUSAND TWENTY-THREE-B OF
THE EDUCATION LAW FOR THE TWO  THOUSAND  FIFTEEN--TWO  THOUSAND  SIXTEEN
SCHOOL  YEAR  TO  RENDER  ITS  PROPERTY OWNERS ELIGIBLE FOR THE NEW YORK
PROPERTY  TAX  RELIEF  CHECK  PROGRAM  PURSUANT TO THIS SECTION. FOR ALL
SCHOOL YEARS THEREAFTER, IN ORDER FOR AN INDEPENDENT SCHOOL DISTRICT  TO
QUALIFY  ITS  PROPERTY  OWNERS  TO  RECEIVE  A  REBATE  PURSUANT TO THIS
SECTION, THE BUDGET SO ADOPTED SHALL  NOT  EXCEED  THE  TAX  LEVY  LIMIT
PRESCRIBED BY SECTION TWO THOUSAND TWENTY-THREE-A OF THE EDUCATION LAW.
  (D)  A  CITY  WITH  A DEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO THE
PROVISIONS OF SECTION THREE-C OF  THE  GENERAL  MUNICIPAL  LAW  AND  ITS
DEPENDENT  SCHOOL  DISTRICT MUST JOINTLY COMPLY WITH THE REQUIREMENTS OF
SUBDIVISION TWO, AND EITHER SUBDIVISION THREE OR FOUR OF SECTION THREE-D
OF THE GENERAL MUNICIPAL LAW IN ORDER  TO  RENDER  ITS  PROPERTY  OWNERS
ELIGIBLE  FOR  THE NEW YORK PROPERTY TAX RELIEF CHECK PROGRAM FOR A CITY
FISCAL YEAR BEGINNING IN TWO THOUSAND FIFTEEN PURSUANT TO THIS  SECTION.
FOR  ALL  FISCAL  YEARS THEREAFTER WHERE A REBATE WOULD BE AUTHORIZED, A
CITY WITH A DEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO THE  PROVISIONS
OF  SECTION THREE-C OR THREE-E OF THE GENERAL MUNICIPAL LAW MUST ADOPT A
BUDGET THAT DOES NOT EXCEED  THE  TAX  LEVY  LIMIT  PRESCRIBED  BY  SUCH
SECTION IN ORDER TO RENDER ITS PROPERTY OWNERS ELIGIBLE FOR THE NEW YORK
PROPERTY TAX RELIEF CHECK PROGRAM.
  (E) IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT TO ISSUE SUCH TAX
REBATES  TO  SUCH  OWNER OR OWNERS IN THE MANNER PROVIDED BY SECTION ONE
HUNDRED SEVENTY-EIGHT OF THE TAX LAW. NOTHING CONTAINED HEREIN SHALL  BE
CONSTRUED  AS  PERMITTING  PARTIAL OR INSTALLMENT PAYMENTS OF TAXES IN A
JURISDICTION WHICH HAS NOT AUTHORIZED THE SAME PURSUANT TO LAW.  TO  THE
EXTENT  PRACTICABLE  REBATES MADE TO AN OWNER OR OWNERS PURSUANT TO THIS
SECTION AND CREDITS PROVIDED TO THE SAME PURSUANT TO SUBSECTION (BBB) OF
SECTION SIX HUNDRED SIX OF THE TAX LAW SHALL BE  DISBURSED  IN  COMBINA-
TION.
  2.  PROCEDURE. (A) ON OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND FIFTEEN
AND EACH YEAR THEREAFTER, THE COMMISSIONER,  OR  HIS  OR  HER  DESIGNEE,
SHALL CREATE A REPORT, IF SUCH REPORT IS DEEMED NECESSARY BY THE COMMIS-
SIONER  TO ESTABLISH ELIGIBILITY OF AN OWNER OR OWNERS TO A REBATE UNDER
THIS SECTION, CONCERNING THOSE PARCELS WHICH HAVE BEEN GRANTED AN EXCEP-
TION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER,  OR
ON  OR BEFORE JULY FIRST, TWO THOUSAND FIFTEEN AND EACH YEAR THEREAFTER,
IN THE CASE OF A CITY WITH A POPULATION OF  ONE  MILLION  OR  MORE,  THE
COMMISSIONER  OF  FINANCE,  OR HIS OR HER DESIGNEE, SHALL PROVIDE TO THE
COMMISSIONER OF TAXATION AND FINANCE A REPORT IN  A  MUTUALLY  AGREEABLE
FORMAT  CONCERNING  THOSE  PARCELS  WHICH HAVE BEEN GRANTED AN EXEMPTION
AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS  CHAPTER  ON  THE
ASSESSMENT ROLLS USED TO GENERATE THE SCHOOL TAX BILLS FOR THE TWO THOU-
SAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL TAX YEAR AND FOR EACH YEAR
THEREAFTER; PROVIDED HOWEVER THE INFORMATION  TO  BE  PROVIDED  ON  SUCH
REPORT  SHALL BE OBTAINED FROM THE FINAL ASSESSMENT ROLL DATA FILES USED
TO GENERATE THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN  SCHOOL  TAX
BILLS  AND  EACH  YEAR THEREAFTER, FILED WITH THE DEPARTMENT PURSUANT TO
SECTION FIFTEEN HUNDRED NINETY OF THIS CHAPTER ON OR BEFORE  JULY  THIR-
TY-FIRST OF SUCH YEAR. SUCH REPORT SHALL SET FORTH THE NAMES AND MAILING
ADDRESSES  OF  THE  OWNER  OR  OWNERS  OF  SUCH PARCELS AS SHOWN ON SUCH
ASSESSMENT ROLL DATA FILES, THE IDENTIFICATION NUMBERS OF  SUCH  PARCELS
AS  SHOWN ON SUCH ASSESSMENT ROLL DATA FILES, AND SUCH OTHER INFORMATION
IN THE POSSESSION OF THE DEPARTMENT, OR IN THE CASE OF  A  CITY  WITH  A
POPULATION  OF  ONE MILLION OR MORE, THE COMMISSIONER OF FINANCE, AS THE
COMMISSIONER MAY DEEM NECESSARY FOR THE EFFECTIVE ADMINISTRATION OF THIS

S. 6009                            49

PROGRAM, INCLUDING INFORMATION REGARDING COOPERATIVE APARTMENT BUILDINGS
AND MOBILE HOME PARKS OR SIMILAR PROPERTY. IT SHALL BE THE  RESPONSIBIL-
ITY  OF  THE ASSESSOR OR ASSESSORS OF EACH ASSESSING UNIT TO ENSURE THAT
THE  NAMES  AND MAILING ADDRESSES OF SUCH OWNER OR OWNERS ARE ACCURATELY
RECORDED ON SUCH ROLLS AND FILES TO THE BEST  OF  HIS  OR  HER  ABILITY,
BASED  UPON  THE  INFORMATION  CONTAINED  IN HIS OR HER OFFICE.  NOTHING
CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED AS AFFECTING IN ANY WAY
THE VALIDITY OR ENFORCEABILITY OF A REAL PROPERTY TAX, OR  THE  APPLICA-
BILITY  OF  INTEREST  OR PENALTIES WITH RESPECT THERETO, WHEN AN OWNER'S
NAME OR MAILING ADDRESS HAS NOT BEEN ACCURATELY RECORDED.
  (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION,  WHERE AN ASSESSING UNIT CONTAINS ONE OR MORE PROPERTIES WHICH ARE
RECEIVING SUCH EXEMPTION IN RELATION TO A  PRIOR  YEAR  ASSESSMENT  ROLL
PURSUANT  TO  PARAGRAPH  (D)  OF SUBDIVISION SIX OF SECTION FOUR HUNDRED
TWENTY-FIVE OF THIS CHAPTER,  OR  CONTAINS  ONE  OR  MORE  PARCELS  WITH
RESPECT  TO  WHICH  SUCH  EXEMPTION  WAS DULY ADDED OR REMOVED AFTER THE
FILING OF THE FINAL ASSESSMENT ROLL PURSUANT TO THE PROVISIONS OF  TITLE
THREE  OF  ARTICLE  FIVE OF THIS CHAPTER, THE DEPARTMENT MAY REQUIRE THE
ASSESSOR TO FILE WITH IT, ON OR BEFORE JULY THIRTY-FIRST,  TWO  THOUSAND
FIFTEEN  AND EACH YEAR THEREAFTER, OR SUCH LATER DATE AS SUCH OFFICE MAY
SPECIFY, A SUPPLEMENTAL REPORT RELATING TO SUCH PROPERTY OR  PROPERTIES,
SO  THAT  INFORMATION  PERTAINING  TO THE OWNER OR OWNERS THEREOF MAY BE
INCLUDED IN THE REPORT TO BE MADE TO THE COMMISSIONER PURSUANT  TO  THIS
PARAGRAPH.  WHEN  ANY INFORMATION REQUIRED BY THIS PARAGRAPH IS RECEIVED
BY THE DEPARTMENT AFTER JULY THIRTY-FIRST, TWO THOUSAND FIFTEEN AND EACH
YEAR THEREAFTER, SUCH  INFORMATION  SHALL  BE  TRANSMITTED  AS  SOON  AS
REASONABLY  PRACTICABLE  FOR  USE  IN ISSUING LOCAL PROPERTY TAX REBATES
PURSUANT TO SECTION ONE HUNDRED SEVENTY-EIGHT OF THE TAX LAW.
  3. REBATE BASE. (A) THE DEPARTMENT SHALL CALCULATE THE REBATE BASE  AS
PROVIDED HEREIN AND CERTIFY THE SAME NO LATER THAN JULY FIRST, TWO THOU-
SAND FIFTEEN.
  (B) A REBATE GRANTED PURSUANT TO THIS SECTION:
  (I)  FOR  THE  TWO  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR
SHALL BE COMPUTED BY  DETERMINING  THE  EXEMPT  AMOUNT  ESTABLISHED  FOR
PURPOSES  OF  THE  BASIC OR ENHANCED STAR EXEMPTION FOR SUCH SCHOOL YEAR
AND MULTIPLYING THAT AMOUNT BY THIRTY-SIX AND ONE-HALF PERCENT.
  (II) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL  YEAR
SHALL  BE  COMPUTED  BY  DETERMINING  THE  EXEMPT AMOUNT ESTABLISHED FOR
PURPOSES OF THE BASIC OR ENHANCED STAR EXEMPTION FOR  SUCH  SCHOOL  YEAR
AND MULTIPLYING THAT AMOUNT BY THIRTY-SEVEN AND ONE-HALF PERCENT.
  (III)  FOR  THE  TWO  THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL
YEAR SHALL BE COMPUTED BY DETERMINING THE EXEMPT AMOUNT ESTABLISHED  FOR
PURPOSES  OF  THE  BASIC OR ENHANCED STAR EXEMPTION FOR SUCH SCHOOL YEAR
AND MULTIPLYING THAT AMOUNT BY FIFTY-FIVE PERCENT.
  (IV) FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR,
AND EACH YEAR THEREAFTER, SHALL BE COMPUTED BY  DETERMINING  THE  EXEMPT
AMOUNT  ESTABLISHED FOR PURPOSES OF THE BASIC OR ENHANCED STAR EXEMPTION
FOR SUCH SCHOOL YEAR AND MULTIPLYING THAT AMOUNT BY FIFTY-FIVE PERCENT.
  S 2. The tax law is amended by adding a new section  178  to  read  as
follows:
  S 178.  NEW YORK PROPERTY TAX RELIEF CHECK PROGRAM. 1. THE COMMISSION-
ER  SHALL  ISSUE  THE  LOCAL  PROPERTY TAX REBATES AUTHORIZED BY SECTION
THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX  LAW.  FOR  PURPOSES  OF
THIS  SECTION THE REBATE SHALL BE CALCULATED USING THE FORMULA SET FORTH
IN SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED SIX-B OF THE REAL PROP-
ERTY TAX LAW. PROVIDED, HOWEVER, SUCH REBATES SHALL NOT BE ISSUED IN ANY

S. 6009                            50

YEAR IN WHICH AN APPROPRIATION TO PAY SUCH REBATES HAS NOT BEEN INCLUDED
IN THE ENACTED STATE BUDGET FOR SUCH YEAR.
  2.  ON  OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND FIFTEEN AND EACH YEAR
THEREAFTER, THE COMMISSIONER, OR HIS OR HER  DESIGNEE,  SHALL  CREATE  A
REPORT,  IF  SUCH  A  REPORT  IS DEEMED NECESSARY BY THE COMMISSIONER TO
ESTABLISH ELIGIBILITY OF A REBATE PURSUANT TO SECTION  THIRTEEN  HUNDRED
SIX-B  OF  THE  REAL  PROPERTY  TAX  LAW, CONCERNING THOSE PARCELS WHICH
SATISFY THE CRITERIA SET FORTH IN SECTION THIRTEEN HUNDRED SIX-B OF  THE
REAL  PROPERTY TAX LAW, OR ON OR BEFORE JULY FIRST, TWO THOUSAND FIFTEEN
AND EACH YEAR THEREAFTER IN THE CASE OF A CITY WITH A POPULATION OF  ONE
MILLION  OR  MORE,  THE  COMMISSIONER  OF  FINANCE, SHALL PROVIDE TO THE
COMMISSIONER A REPORT IN A MUTUALLY AGREEABLE  FORMAT  CONCERNING  THOSE
PARCELS WHICH SATISFY THE CRITERIA SET FORTH IN SECTION THIRTEEN HUNDRED
SIX-B OF THE REAL PROPERTY TAX LAW.
  3.  THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF FINANCE,
FOR A CITY WITH A POPULATION OF ONE MILLION OR MORE,  IS  AUTHORIZED  TO
DEVELOP  PROCEDURES NECESSARY TO PROVIDE FOR THE ISSUANCE OF LOCAL PROP-
ERTY TAX REBATES TO QUALIFYING PROPERTY  OWNERS,  AND  THOSE  QUALIFYING
PROPERTY OWNERS THAT DID NOT RECEIVE THEM INITIALLY.  IF THE COMMISSION-
ER  IS NOT SATISFIED THAT THE PROPERTY OWNER OR OWNERS ARE QUALIFIED FOR
THE LOCAL PROPERTY TAX REBATE, THE COMMISSIONER  SHALL  NOT  ISSUE  SUCH
REBATE.
  4.  BY DEPOSITING A REBATE ISSUED PURSUANT TO THIS SECTION AND AUTHOR-
IZED BY SECTION THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX LAW, THE
PAYEE IS CERTIFYING THAT HE OR SHE IS THE PROPERTY OWNER, AND  THAT  THE
PRIMARY RESIDENCE OF SUCH PROPERTY OWNER OR OWNERS IS NOT SUBJECT TO ANY
DELINQUENT SCHOOL TAXES.
  5.   CONFIDENTIAL  INFORMATION;  DISCLOSURE  PROHIBITION.  INFORMATION
REGARDING REBATES ISSUED TO INDIVIDUALS SHALL NOT BE SUBJECT TO  DISCLO-
SURE; INCLUDING NAMES, ADDRESSES, AND DOLLAR AMOUNTS OF REBATES.
  S  3. Section 606 of the tax law is amended by adding a new subsection
(n-1) to read as follows:
  (N-1) SCHOOL DISTRICT PROPERTY TAX CREDIT.   (1) (A)  IN  ANY  TAXABLE
YEAR  IN WHICH TAXPAYERS ARE NOT ELIGIBLE TO RECEIVE REBATES PURSUANT TO
SECTION ONE HUNDRED SEVENTY-EIGHT OF  THIS  CHAPTER  SOLELY  BECAUSE  AN
APPROPRIATION  TO PAY SUCH REBATES WAS NOT INCLUDED IN THE ENACTED STATE
BUDGET, FOR SUCH YEAR, THE  CREDIT  ALLOWED  BY  THIS  SUBSECTION  SHALL
APPLY.
  (B) NO CREDIT SHALL BE PROVIDED TO A TAXPAYER PURSUANT TO THIS SECTION
IF  THE  AMOUNT OF SUCH CREDIT IS LESS THAN OR EQUAL TO A CREDIT AUTHOR-
IZED TO BE PROVIDED TO A TAXPAYER OF AN INDEPENDENT OR DEPENDENT  SCHOOL
DISTRICT  PURSUANT TO SUBSECTION (BBB) OF THIS SECTION OR IF SUCH CREDIT
IS LESS THAN TWENTY DOLLARS IN A SINGLE YEAR.
  (C) AN INDEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO  THE  PROVISIONS
OF  SECTION  TWO  THOUSAND TWENTY-THREE-A OF THE EDUCATION LAW MUST MEET
THE APPLICABLE REQUIREMENTS OF SECTION TWO  THOUSAND  TWENTY-THREE-B  OF
THE  EDUCATION  LAW  FOR  THE  TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
SCHOOL YEAR TO RENDER ITS TAXPAYERS ELIGIBLE FOR A  CREDIT  PURSUANT  TO
THIS SECTION. FOR ALL SCHOOL YEARS THEREAFTER, IN ORDER FOR AN INDEPEND-
ENT  SCHOOL DISTRICT TO QUALIFY ITS TAXPAYERS TO RECEIVE A CREDIT PURSU-
ANT TO THIS SECTION, THE BUDGET SO ADOPTED SHALL NOT EXCEED THE TAX LEVY
LIMIT PRESCRIBED BY SECTION TWO THOUSAND TWENTY-THREE-A OF THE EDUCATION
LAW.
  (D) A CITY WITH A DEPENDENT SCHOOL DISTRICT THAT  IS  SUBJECT  TO  THE
PROVISIONS  OF  SECTION  THREE-C  OF  THE  GENERAL MUNICIPAL LAW AND ITS
DEPENDENT SCHOOL DISTRICT MUST JOINTLY COMPLY WITH THE  REQUIREMENTS  OF

S. 6009                            51

SUBDIVISION TWO, AND SUBDIVISION THREE OR FOUR OF SECTION THREE-D OF THE
GENERAL  MUNICIPAL  LAW  IN ORDER TO RENDER ITS TAXPAYERS ELIGIBLE FOR A
CREDIT AUTHORIZED PURSUANT TO THIS SECTION FOR A CITY FISCAL YEAR BEGIN-
NING  IN  TWO  THOUSAND FIFTEEN. FOR ALL FISCAL YEARS THEREAFTER WHERE A
CREDIT UNDER THIS SECTION WOULD BE AUTHORIZED, A CITY WITH  A  DEPENDENT
SCHOOL  DISTRICT THAT IS SUBJECT TO THE PROVISIONS OF SECTION THREE-C OR
THREE-E OF THE GENERAL MUNICIPAL LAW MUST ADOPT A BUDGET THAT  DOES  NOT
EXCEED THE TAX LEVY LIMIT.
  (2)  FOR  TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND FIFTEEN IF THE CREDIT IS APPLICABLE IN SUCH YEAR, A TAXPAYER  SHALL
BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE IN AN AMOUNT
EQUAL  TO  THE  REBATE  CHECK CALCULATED PURSUANT TO SECTION ONE HUNDRED
SEVENTY-EIGHT OF THIS CHAPTER.
  (3) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR  ANY
TAXABLE  YEAR  SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS
SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED  IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS
ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON.
  (4)  (A)  TAXPAYERS WHO WOULD HAVE QUALIFIED FOR THE CREDIT UNDER THIS
SUBSECTION FOR TAXABLE YEAR TWO THOUSAND FOURTEEN, HAD SUCH CREDIT  BEEN
AUTHORIZED  IN  SUCH  TAXABLE  YEAR,  SHALL  BE TREATED AS HAVING MADE A
PAYMENT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR SUCH TAXABLE YEAR IN
AN AMOUNT EQUAL TO SUCH CREDIT FOR SUCH TAXABLE YEAR. SUCH PAYMENT SHALL
BE TREATED AS AN OVERPAYMENT OF TAX TO BE REFUNDED AS SOON AS  PRACTICA-
BLE,  BUT  NOT  LONGER  THAN  FORTY-FIVE  DAYS FROM FILING A CLAIM FOR A
REFUND, IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED  EIGHT-
Y-SIX  OF THIS ARTICLE, PROVIDED, HOWEVER THAT NO INTEREST SHALL BE PAID
THEREON. ALL QUALIFIED TAXPAYERS MAY  SUBMIT  A  CLAIM  FOR  AN  ADVANCE
PAYMENT  OF  SUCH  REFUND  ON FORMS PREPARED BY THE DEPARTMENT, PROVIDED
SUCH  FORMS  ARE  FILED  WITH  THE  DEPARTMENT  ON  OR   BEFORE   AUGUST
THIRTY-FIRST, TWO THOUSAND FIFTEEN.
  (B)  THE  AMOUNT  OF THE CREDIT WHICH IS ALLOWED UNDER THIS SUBSECTION
FOR THE TAXPAYER'S TAXABLE YEAR BEGINNING IN TWO THOUSAND FIFTEEN  SHALL
BE  REDUCED  BY THE PAYMENTS MADE TO THE TAXPAYER UNDER THIS SUBSECTION.
ANY FAILURE TO SO REDUCE THE CREDIT SHALL BE TREATED AS ARISING OUT OF A
MATHEMATICAL OR CLERICAL ERROR AND ASSESSED ACCORDING TO SUBSECTION  (D)
OF SECTION SIX HUNDRED EIGHTY-ONE OF THIS ARTICLE.
  (C)  ANY  FAILURE  TO  APPLY FOR AN ADVANCE PAYMENT SHALL NOT IMPAIR A
TAXPAYER'S ABILITY TO APPLY FOR THE CREDIT UPON FILING THEIR RETURN  FOR
SUCH TAX YEAR.
  (5)  IF  THE  COMMISSIONER  DETERMINES  IT  TO BE NECESSARY FOR PROPER
ADMINISTRATION OF THE CREDIT ALLOWED UNDER THIS SUBSECTION,  THE  COUNTY
DIRECTOR  OF REAL PROPERTY TAX SERVICES OF ANY COUNTY, OR IN THE CASE OF
A CITY WITH A POPULATION OF ONE MILLION OR  MORE,  THE  COMMISSIONER  OF
FINANCE,  UPON THE REQUEST OF THE COMMISSIONER, SHALL FILE A REPORT WITH
THE DEPARTMENT IDENTIFYING ALL PARCELS IN THE COUNTY OR IN THE  CITY  ON
WHICH  SCHOOL TAXES FOR THE PRIOR SCHOOL YEAR REMAINED UNPAID AS OF JUNE
THIRTIETH OF SUCH PRIOR SCHOOL YEAR, PROVIDED THAT PARCELS NOT RECEIVING
THE BASIC OR ENHANCED STAR EXEMPTION SHALL BE EXCLUDED FROM  SUCH  LIST.
SUCH  COUNTY  DIRECTOR SHALL OBTAIN FROM THE TAX COLLECTING OFFICERS AND
TAX ENFORCEMENT OFFICERS WITHIN THE COUNTY SUCH INFORMATION AS HE OR SHE
MAY NEED TO PREPARE SUCH LIST. SUCH LIST SHALL BE PREPARED IN  A  FORMAT
PRESCRIBED BY THE COMMISSIONER.
  (6)  IF  THE SCHOOL PROPERTY TAXES TO WHICH THE CREDIT RELATES ARE NOT
PAID, THE CREDIT ALLOWED WITH RESPECT TO SUCH  PROPERTY  TAXES  MUST  BE
ADDED BACK IN THE TAX YEAR IN WHICH SUCH CREDIT WAS CLAIMED.

S. 6009                            52

  (7)  ONLY  ONE  CREDIT PER RESIDENCE SHALL BE ALLOWED PER TAXABLE YEAR
UNDER THIS SUBSECTION. WHEN TWO OR MORE MEMBERS OF A RESIDENCE ARE  ABLE
TO MEET THE QUALIFICATIONS FOR A QUALIFIED TAXPAYER, THE CREDIT SHALL BE
EQUALLY DIVIDED BETWEEN OR AMONG SUCH INDIVIDUALS. IN THE CASE OF SPOUS-
ES  WHO  FILE  A  JOINT FEDERAL RETURN BUT WHO ARE REQUIRED TO DETERMINE
THEIR NEW YORK TAXES SEPARATELY, THE CREDIT  ALLOWED  PURSUANT  TO  THIS
SUBSECTION  MAY  BE APPLIED AGAINST THE TAX OF EITHER OR DIVIDED BETWEEN
THEM AS THEY MAY ELECT.
  S 4. The opening paragraph of  paragraph  2  of  subsection  (bbb)  of
section  606 of the tax law, as added by section 1 of part FF of chapter
59 of the laws of 2014, is amended to read as follows:
  An individual taxpayer who meets the eligibility standards  set  forth
in  paragraph  three  of  this subsection and whose primary residence is
located in a taxing jurisdiction that has a freeze-compliant budget  for
the  fiscal year starting in two thousand fourteen, two thousand fifteen
or two thousand sixteen, whichever is applicable,  shall  be  allowed  a
credit  against the taxes imposed by this article.  HOWEVER, THAT IN TWO
THOUSAND FIFTEEN NO CREDIT WILL BE PROVIDED  UNDER  THIS  SECTION  AS  A
CREDIT  ON TAXES IMPOSED ON BEHALF OF AN INDEPENDENT OR DEPENDENT SCHOOL
DISTRICT, IF AN AMOUNT GREATER THAN SUCH CREDIT WOULD BE  AUTHORIZED  TO
BE RECEIVED BY A PROPERTY OWNER OR OWNERS IN THE FORM OF A REBATE PURSU-
ANT TO SECTION THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX LAW OR TO
BE RECEIVED IN THE FORM OR A CREDIT PURSUANT TO SUBSECTION (N-1) OF THIS
SECTION.  Subject to the provisions of paragraph six of this subsection,
such credit shall be determined as follows:
  S 5. Paragraph 4 of subsection (bbb) of section 606 of the tax law, as
added by section 1 of part FF of chapter 59 of  the  laws  of  2014,  is
amended to read as follows:
  (4)  For  each  year  this  credit  is allowed, the commissioner shall
determine the taxpayer's  eligibility  for  this  credit  utilizing  the
information  available  to  the  commissioner. When the commissioner has
determined a taxpayer to be eligible for this credit,  the  commissioner
shall advance a payment of the amount determined in accordance with this
subsection.    HOWEVER,  THAT  IN TWO THOUSAND FIFTEEN NO CREDIT WILL BE
PROVIDED UNDER THIS SECTION AS A CREDIT ON TAXES IMPOSED ON BEHALF OF AN
INDEPENDENT OR DEPENDENT SCHOOL DISTRICT, IF AN AMOUNT GREATER THAN SUCH
CREDIT WOULD BE AUTHORIZED TO BE RECEIVED BY A PROPERTY OWNER OR  OWNERS
IN  THE  FORM  OF A REBATE PURSUANT TO SECTION THIRTEEN HUNDRED SIX-B OF
THE REAL PROPERTY TAX LAW OR TO BE RECEIVED IN  THE  FORM  OR  A  CREDIT
PURSUANT TO SUBSECTION (N-1) OF THIS SECTION.
  The  taxpayer  shall not apply for such credit in conjunction with the
filing of his or her return. A taxpayer who has  failed  to  receive  an
advance  payment  that  he or she believes was due to him or her, or who
has received an advance payment that he or she believes is less than the
amount that was due to him or her, may request payment  of  the  claimed
deficiency in a manner prescribed by the commissioner.
  S  6. The opening paragraph of section 2023-b of the education law, as
added by section 2 of part FF of chapter 59 of  the  laws  of  2014,  is
amended to read as follows:
  Certification of compliance with property tax freeze, NEW YORK PROPER-
TY  TAX  RELIEF CHECK PROGRAM OR THE SCHOOL DISTRICT PROPERTY TAX CREDIT
requirements. A school district that is subject  to  the  provisions  of
section  two  thousand  twenty-three-a of this part must comply with the
requirements of subdivision two of this section in order to  render  its
taxpayers eligible for the real property tax freeze credit authorized by
subsection  (bbb) of section six hundred six of the tax law for a fiscal

S. 6009                            53

year starting in two thousand fourteen. The property tax  cuts  will  be
extended for a second year, A NEW YORK PROPERTY TAX RELIEF CHECK WILL BE
PROVIDED PURSUANT TO SECTION THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY
TAX  LAW  OR A TAX CREDIT WILL BE PROVIDED PURSUANT TO SUBSECTION N-1 OF
SECTION SIX HUNDRED SIX OF THE TAX LAW  in  jurisdictions  which  comply
with  the  tax  cap and have a state approved government efficiency plan
which demonstrate three year savings and efficiencies of  at  least  one
percent  per  year  from  shared services, cooperation agreements and/or
mergers or efficiencies. The director of the budget shall consider  past
efficiencies,  shared  services  and  reforms in their approval process.
While localities may offer a variety of  approaches  it  is  anticipated
that  the county government or board of cooperative educational services
will convene and facilitate a process and submit a county wide or  board
of  cooperative  educational  services  region wide plan for approval. A
school district that is subject to the provisions of section  two  thou-
sand  twenty-three-a  of  this part must comply with the requirements of
subdivision two and either subdivision three or subdivision four of this
section in order to render its taxpayers eligible for the real  property
tax  freeze credit authorized by subsection (bbb) of section six hundred
six of the tax law for a fiscal year starting in two thousand fifteen.
  S 7. Paragraph b of subdivision 2 of section 2023-b of  the  education
law, as added by section 2 of part FF of chapter 59 of the laws of 2014,
is amended to read as follows:
  b. In order for such certification to give rise to a real property tax
freeze  credit  under subsection (bbb) of section six hundred six of the
tax law, A NEW YORK PROPERTY TAX RELIEF CHECK PURSUANT TO SECTION  THIR-
TEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX LAW OR A TAX CREDIT PURSUANT
TO  SUBSECTION  (N-1)  OF  SECTION  SIX HUNDRED SIX OF THE TAX LAW, such
certification shall be made no later than the twenty-first  day  of  the
fiscal year to which it applies.
  S  8.  The  opening  paragraph of section 3-d of the general municipal
law, as added by section 3 of part FF of chapter 59 of the laws of 2014,
is amended to read as follows:
  Certification of compliance with property tax  freeze,  THE  NEW  YORK
PROPERTY  TAX  RELIEF  CHECK PROGRAM OR THE SCHOOL DISTRICT PROPERTY TAX
CREDIT requirements. A municipal corporation or an  independent  special
district  that  is  subject to the provisions of section three-c of this
article must comply with the requirements of  subdivision  two  of  this
section  in order to render its taxpayers eligible for the real property
tax freeze credit authorized by subsection (bbb) of section six  hundred
six  of  the tax law for a fiscal year starting in two thousand fifteen.
The property tax cuts will be extended for a second year OR  AN  AUTHOR-
IZED  REBATE  OR  CREDIT  WILL BE PROVIDED in jurisdictions which comply
with the tax cap and have a state approved  government  efficiency  plan
which  demonstrate  three  year savings and efficiencies of at least one
percent per year from shared  services,  cooperation  agreements  and/or
mergers  or efficiencies. The director of the budget shall consider past
efficiencies, shared services and reforms  in  their  approval  process.
While  localities  may  offer  a variety of approaches it is anticipated
that the county government or board of cooperative educational  services
will  convene and facilitate a process and submit a county wide or board
of cooperative educational services region wide  plan  for  approval.  A
municipal corporation or an independent special district that is subject
to  the  provisions  of section three-c of this article must comply with
the requirements of subdivision two  and  either  subdivision  three  or
subdivision four of this section in order to render its taxpayers eligi-

S. 6009                            54

ble  for  the  real  property tax freeze credit authorized by subsection
(bbb) of section six hundred six of the tax law for a fiscal year start-
ing in two thousand sixteen.  Provided  however,  that  a  city  with  a
dependent  school district must comply with the requirements of subdivi-
sion two of this section in order to render its taxpayers  eligible  for
the  real  property  tax freeze credit authorized by subsection (bbb) of
section six hundred six of the tax law for a fiscal year starting in two
thousand fourteen and comply with the requirements of subdivision two of
this section, and both the city and its dependent school  district  must
jointly comply with the requirements of subdivision three or subdivision
four  of this section, in order to render its taxpayers eligible for the
real property tax  freeze  credit  authorized  by  subsection  (bbb)  of
section  six  hundred  six of the tax law, FOR THE NEW YORK PROPERTY TAX
RELIEF CHECK AUTHORIZED BY SECTION THIRTEEN HUNDRED SIX-B  OF  THE  REAL
PROPERTY  TAX LAW OR THE SCHOOL DISTRICT PROPERTY TAX CREDIT PURSUANT TO
SUBSECTION (N-1) OF SECTION SIX HUNDRED SIX OF THE TAX LAW for a  fiscal
year starting in two thousand fifteen or two thousand sixteen.
  S  9.  Paragraph  (b)  of  subdivision 2 of section 3-d of the general
municipal law, as added by section 3 of part FF of  chapter  59  of  the
laws of 2014, is amended to read as follows:
  (b)  In  order  for such certification to give rise to a real property
tax freeze credit under subsection (bbb) of section six hundred  six  of
the  tax  law,  A NEW YORK PROPERTY TAX RELIEF CHECK PURSUANT TO SECTION
THIRTEEN HUNDRED SIX-B OF THE  REAL  PROPERTY  TAX  LAW  OR  THE  SCHOOL
DISTRICT PROPERTY TAX CREDIT PURSUANT TO SUBSECTION (N-1) OF SECTION SIX
HUNDRED  SIX  OF  THE TAX LAW, such certification shall be made no later
than the twenty-first day of the fiscal year to which it applies.
  S 10. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through F of this act shall  be
as specifically set forth in the last section of such Parts.

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Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

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