A. 7945 2
preserving and constructing 200,000 units of affordable housing; foster-
ing thriving and inclusive neighborhoods; and creating stable and caring
environments for homeless individuals, seniors, and others who have
special needs.
The legislature further finds that achieving the goals of the mayor's
Ten-Year Plan will require significant commitments of city capital. In
fiscal year 2015, the city doubled its capital budget for the preserva-
tion or construction of affordable housing relative to the level it had
committed in fiscal year 2014. The budget for the Ten-Year Plan projects
a gap of $1.9 billion over 10 years. Accordingly, the legislature finds
that this legislation should be enacted to generate revenue that can be
used to meet this shortfall and subsidize the creation and preservation
of quality, affordable housing throughout the city of New York. The
revenue source included in this legislation is derived from the transfer
of high-value properties and is expected to generate approximately $1.9
billion over the next 10 years. The affordable housing that will be
created or preserved with these funds may serve a wide variety of fami-
lies and individuals, including seniors, veterans, formerly homeless
persons and people living with disabilities.
S 2. Subdivision 1 of section 655 of the private housing finance law
is amended by adding a new paragraph (d) to read as follows:
(D) THE CITY, ACTING THROUGH THE MAYOR, MAY ASSIGN ALL OR ANY PORTION
OF THE TAXES PAYABLE TO THE CITY PURSUANT TO SUBDIVISION G OF SECTION
11-2102 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK TO THE CORPO-
RATION AND, AFTER SUCH ASSIGNMENT, SUCH TAXES AND THE RIGHT TO RECEIVE
SUCH TAXES SHALL BE THE PROPERTY OF THE CORPORATION AND MAY BE PLEDGED
BY THE CORPORATION TO THE PAYMENT OF NOTES AND BONDS OF THE CORPORATION.
FOLLOWING ANY SUCH ASSIGNMENT, SUCH TAXES SHALL CONTINUE TO BE PAID TO
THE COMMISSIONER OF FINANCE OF THE CITY, AS AGENT FOR THE CORPORATION,
AND PROMPTLY TRANSFERRED TO THE CORPORATION. NOTWITHSTANDING ANY
PROVISION OF THIS ARTICLE OR OF ANY OTHER LAW TO THE CONTRARY, INCLUDING
BUT NOT LIMITED TO THE RESTRICTIONS SET FORTH IN SECTION SIX HUNDRED
FIFTY-SIX OF THIS ARTICLE, THE CORPORATION IS HEREBY AUTHORIZED TO ISSUE
NEGOTIABLE NOTES AND BONDS IN ADDITION TO THOSE AUTHORIZED BY PARAGRAPHS
(A) AND (B) OF THIS SUBDIVISION IN SUCH PRINCIPAL AMOUNT AS THE CORPO-
RATION SHALL DETERMINE TO BE NECESSARY FOR THE PURPOSE OF FUNDING THE
DEVELOPMENT AND PRESERVATION OF AFFORDABLE HOUSING FOR PERSONS OR FAMI-
LIES OF LOW AND MODERATE INCOME WHICH BONDS AND NOTES SHALL BE SECURED
BY THE TAXES DESCRIBED IN THIS PARAGRAPH.
S 3. Section 11-2102 of the administrative code of the city of New
York is amended by adding three new subdivisions g, h and i to read as
follows:
G. IN ADDITION TO THE TAXES IMPOSED BY SUBDIVISIONS A AND B OF THIS
SECTION, THERE IS HEREBY IMPOSED A TAX ON EACH DEED OR OTHER INSTRUMENT
OR TRANSACTION CONVEYING OR TRANSFERRING RESIDENTIAL REAL PROPERTY OR AN
ECONOMIC INTEREST THEREIN, AT THE TIME OF DELIVERY BY A GRANTOR TO A
GRANTEE, WHEN THE CONSIDERATION FOR SUCH PROPERTY AND ANY IMPROVEMENT
THEREON (WHETHER OR NOT INCLUDED IN THE SAME DEED) IS GREATER THAN ONE
MILLION SEVEN HUNDRED FIFTY THOUSAND DOLLARS, OR AT THE TIME OF THE
TRANSFER OF SUCH ECONOMIC INTEREST BY A GRANTOR TO A GRANTEE, WHERE THE
CONSIDERATION FOR SUCH ECONOMIC INTEREST IS GREATER THAN ONE MILLION
SEVEN HUNDRED FIFTY THOUSAND DOLLARS. EXCEPT AS OTHERWISE PROVIDED IN
THIS SECTION, ALL THE PROVISIONS OF THIS CHAPTER RELATING TO OR APPLICA-
BLE TO THE ADMINISTRATION, COLLECTION AND DETERMINATION OF THE TAX
IMPOSED BY SUBDIVISIONS A AND B OF THIS SECTION SHALL APPLY TO THE TAX
IMPOSED BY THIS SUBDIVISION WITH SUCH MODIFICATIONS AS MAY BE NECESSARY
A. 7945 3
TO ADAPT SUCH LANGUAGE TO THE TAX SO IMPOSED. FOR PURPOSES OF THIS
SECTION, "RESIDENTIAL REAL PROPERTY" SHALL INCLUDE ANY PREMISES THAT ARE
OR MAY BE USED IN WHOLE OR IN PART AS A PERSONAL RESIDENCE, AND SHALL
INCLUDE A ONE, TWO OR THREE-FAMILY HOUSE, AN INDIVIDUAL RESIDENTIAL
CONDOMINIUM UNIT, OR AN INDIVIDUAL RESIDENTIAL COOPERATIVE APARTMENT.
SUCH TAX SHALL BE DETERMINED AS FOLLOWS:
(1) IF THE CONSIDERATION IS GREATER THAN ONE MILLION SEVEN HUNDRED
FIFTY THOUSAND DOLLARS BUT NOT OVER FIVE MILLION DOLLARS, THE TAX SHALL
BE AT THE RATE OF ONE PERCENT OF THE CONSIDERATION OR THE ECONOMIC
INTEREST THEREIN; AND
(2) IF THE CONSIDERATION IS GREATER THAN FIVE MILLION DOLLARS, THE TAX
SHALL BE FIFTY THOUSAND DOLLARS PLUS ONE AND ONE-HALF PERCENT OF THE
CONSIDERATION OR THE ECONOMIC INTEREST THEREIN OVER FIVE MILLION
DOLLARS.
H. FOR PURPOSES OF THIS SECTION, THE DETERMINATION OF WHETHER A
CONVEYANCE OR TRANSFER SHALL BE SUBJECT TO THE TAXES IMPOSED BY SUBDIVI-
SIONS A, B AND G OF THIS SECTION, AND OF THE RATE OF SUCH TAXES, SHALL
BE MADE PRIOR TO THE APPLICATION OF SUBDIVISION F OF THIS SECTION AND
PARAGRAPH EIGHT OF SUBDIVISION B OF SECTION 11-2106 OF THIS CHAPTER,
PROVIDED, HOWEVER, THAT THE AMOUNT OF CONSIDERATION SUBJECT TO SUCH
TAXES SHALL BE DETERMINED AFTER THE APPLICATION OF SUBDIVISION F OF THIS
SECTION AND PARAGRAPH EIGHT OF SUBDIVISION B OF SECTION 11-2106 OF THIS
CHAPTER.
I. ANY TAX COLLECTED PURSUANT TO SUBDIVISION G OF THIS SECTION SHALL
BE USED FOR THE DEVELOPMENT AND PRESERVATION OF AFFORDABLE HOUSING, OR
TO SECURE NOTES AND BONDS ISSUED FOR THE DEVELOPMENT AND PRESERVATION OF
AFFORDABLE HOUSING, IN SUCH CITY. FOR PURPOSES OF THIS SUBDIVISION,
"AFFORDABLE HOUSING" SHALL MEAN HOUSING THAT IS AFFORDABLE TO PERSONS OR
FAMILIES OF LOW AND MODERATE INCOME.
S 4. The opening paragraph of section 11-2104 of the administrative
code of the city of New York, as added by local law number 71 of the
city of New York for the year 1986, is amended to read as follows:
The tax imposed [hereunder] PURSUANT TO SUBDIVISIONS A AND B OF
SECTION 11-2102 OF THIS CHAPTER shall be paid by the grantor to the
commissioner of finance at the office of the register in the county
where the deed is or would be recorded within thirty days after the
delivery of the deed by the grantor to the grantee but before the
recording of such deed, or, in the case of a tax on the transfer of an
economic interest in real property, at such place as the commissioner of
finance shall designate, within thirty days after the transfer. The
grantee shall also be liable for the payment of such tax in the event
that the amount of tax due is not paid by the grantor or the grantor is
exempt from tax. THE TAX IMPOSED PURSUANT TO SUBDIVISION G OF SECTION
11-2102 OF THIS CHAPTER SHALL BE PAID BY THE GRANTEE TO THE COMMISSIONER
OF FINANCE AT THE OFFICE OF THE REGISTER IN THE COUNTY WHERE THE DEED IS
OR WOULD BE RECORDED WITHIN THIRTY DAYS AFTER THE DELIVERY OF THE DEED
BY THE GRANTOR TO THE GRANTEE BUT BEFORE THE RECORDING OF SUCH DEED, OR,
IN THE CASE OF A TAX ON THE TRANSFER OF AN ECONOMIC INTEREST IN REAL
PROPERTY, AT SUCH PLACE AS THE COMMISSIONER OF FINANCE SHALL DESIGNATE,
WITHIN THIRTY DAYS AFTER THE TRANSFER. THE GRANTOR SHALL ALSO BE LIABLE
FOR THE PAYMENT OF THE TAX IMPOSED PURSUANT TO SUBDIVISION G OF SECTION
11-2102 OF THIS CHAPTER IN THE EVENT THAT THE AMOUNT OF TAX DUE IS NOT
PAID BY THE GRANTEE OR THE GRANTEE IS EXEMPT FROM PAYMENT OF THE TAX.
All moneys received as such payments by the register during the preced-
ing month shall be transmitted to the commissioner of finance on the
A. 7945 4
first day of each month or on such other day as is mutually agreeable to
the commissioner of finance and the register.
A. From the moneys so received by him or her PURSUANT TO SUBDIVISIONS
A AND B OF SECTION 11-2102 OF THIS CHAPTER, the commissioner of finance
shall set said in a special account:
S 5. Section 11-2104 of the administrative code of the city of New
York is amended by adding a new subdivision b to read as follows:
B. THE MONEYS RECEIVED BY THE COMMISSIONER OF FINANCE PURSUANT TO
SUBDIVISION G OF SECTION 11-2102 OF THIS CHAPTER SHALL BE CREDITED TO
AND DEPOSITED IN AN ACCOUNT ESTABLISHED BY THE CITY WITHIN ITS GENERAL
FUND FOR THE DEVELOPMENT AND PRESERVATION OF AFFORDABLE HOUSING IN
ACCORDANCE WITH SUBDIVISION I OF SUCH SECTION. SUCH MONEYS SHALL BE USED
TO SUPPLEMENT, RATHER THAN SUPPLANT, LOCAL FUNDS THAT SUCH CITY WOULD
HAVE EXPENDED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.
S 6. This act shall take effect on the ninetieth day after it shall
have become a law.
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: (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 ELIGI-
BLE 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, (A) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE
HOUSING SEVENTY PERCENT UNITS, AND (B) NOT LESS THAN AN ADDITIONAL TWEN-
TY PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING ONE HUNDRED
THIRTY PERCENT UNITS.
(IV) "AFFORDABILITY OPTION C" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
SITE, (A) NOT LESS THAN THIRTY PERCENT OF THE DWELLING UNITS ARE AFFORD-
ABLE 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 PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE AND
THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN SUCH
ELIGIBLE SITE.
(VI) "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
A. 7945 5
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.
(VII) "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.
(VIII) "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.
(IX) "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.
(X) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
LY, AFFORDABLE HOUSING FORTY PERCENT UNITS, AFFORDABLE HOUSING SIXTY
PERCENT UNITS, AFFORDABLE HOUSING SEVENTY PERCENT UNITS, AND AFFORDABLE
HOUSING ONE HUNDRED THIRTY PERCENT UNITS.
(XI) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT.
(XII) "APPLICATION" SHALL MEAN AN APPLICATION FOR 421-A BENEFITS.
(XIII) "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.
(XIV) "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.
(XV) "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 AN ELIGIBLE MULTI-
PLE DWELLING.
(XVI) "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
A. 7945 6
THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL-
ING.
(XVII) "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.
(XVIII) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING
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 NINETEEN, AND FOR WHICH THE COMPLETION DATE IS ON OR BEFORE
JUNE FIFTEENTH, TWO THOUSAND TWENTY-THREE.
(XIX) "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.
(XX) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
(XXI) "FLOOR AREA" SHALL MEAN "FLOOR AREA" AS DEFINED IN THE NEW YORK
CITY ZONING RESOLUTION.
(XXII) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW INCOME HOUS-
ING TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH (1) OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE
INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
(XXIII) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OR
PORTION THEREOF OPERATED AS CONDOMINIUM OR COOPERATIVE HOUSING.
(XXIV) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTI-
PLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
(XXV) "MULTIPLE DWELLING" SHALL HAVE THE MEANING SET FORTH IN THE
MULTIPLE DWELLING LAW.
(XXVI) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
CONTAIN ANY DWELLING UNITS.
(XXVII) "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 SEVENTY-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 THEREAFT-
ER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING
SUBSTANTIALLY THE SAME SUBJECT MATTER.
(XXVIII) "RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE IN WHICH ALL
DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS-
ING.
(XXIX) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELL-
ING UNITS.
(XXX) "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE
COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNIVERSARY OF THE
COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION
OF 421-A BENEFITS.
(XXXI)"TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN EXEMPT
FACILITY BOND, AS DEFINED IN PARAGRAPH (7) 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.
(XXXII) "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
A. 7945 7
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 REQUIREMENTS OF
THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT. A HOMEOWNER-
SHIP PROJECT SHALL NOT BE ELIGIBLE FOR, AND SHALL NOT RECEIVE, 421-A
BENEFITS.
(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
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.
(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. 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 SHALL
BE ACCESSED THROUGH THE SAME STREET ENTRANCES AND LOBBIES, AND NO SUCH
ENTRANCE OR LOBBY SHALL SERVE SOME RENTAL DWELLING UNITS TO THE EXCLU-
SION OF OTHERS.
A. 7945 8
(II) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
HOUSING PROGRAM, EITHER (A) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
SITE 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
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 SHALL RESULT IN REVOCATION OF ANY
421-A BENEFITS FOR THE PERIOD OF SUCH NON-COMPLIANCE.
(VI) 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 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 HOUS-
ING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, AND (B)
MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS PARAGRAPH. SUCH
REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONI-
TOR 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
A. 7945 9
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
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 THIRTY DWELLING
UNITS; OR
(B) AN ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN FIFTY PERCENT OF SUCH
AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, ARE AFFORDABLE
TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSE-
HOLD INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA
MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
(H) REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS
LOCATED CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE-
A. 7945 10
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,
ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT
STABILIZATION 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 THE EDUCATION LAW, AND SHALL THERE-
AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVI-
SION.
(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.
A. 7945 11
(Q) AUTHORITY OF CITY TO ENACT LOCAL LAW. EXCEPT AS OTHERWISE SPECI-
FIED IN THIS SUBDIVISION, A CITY TO WHICH THIS SUBDIVISION IS APPLICABLE
MAY ENACT A LOCAL LAW TO RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY
FOR OR THE SCOPE OR AMOUNT OF 421-A BENEFITS IN ANY MANNER, PROVIDED
THAT SUCH LOCAL LAW MAY NOT GRANT 421-A BENEFITS BEYOND THOSE PROVIDED
IN THIS SUBDIVISION AND PROVIDED FURTHER THAT SUCH LOCAL LAW SHALL NOT
TAKE EFFECT SOONER THAN ONE YEAR AFTER IT IS ENACTED. 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 BENE-
FITS 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.
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 REGULARLY
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.
A. 7945 12
(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.
(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 SUBDIVI-
SION 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
A. 7945 13
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
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
A. 7945 14
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.
(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;
A. 7945 15
(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 PROPERTY CONTAINING LESS THAN THIRTY
DWELLING UNITS; OR
(B) AN EXTENDED AFFORDABILITY PROPERTY IN WHICH ALL OF THE DWELLING
UNITS ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN FIFTY PERCENT OF
SUCH AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSE-
QUENT RENTAL FOLLOWING A VACANCY DURING THE EXTENDED AFFORDABILITY PERI-
OD, ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR
FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE
PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
(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-
A. 7945 16
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 THE EDUCATION LAW, AND SHALL THERE-
AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVI-
SION.
(N) FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION.
(O) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS
OF THIS SUBDIVISION.
(P) AUTHORITY OF CITY TO ENACT LOCAL LAW. EXCEPT AS OTHERWISE SPECI-
FIED IN THIS SUBDIVISION, A CITY TO WHICH THIS SUBDIVISION IS APPLICABLE
MAY ENACT A LOCAL LAW TO RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY
FOR OR THE SCOPE OR AMOUNT OF EXTENDED BENEFITS IN ANY MANNER, PROVIDED
THAT SUCH LOCAL LAW MAY NOT GRANT EXTENDED BENEFITS BEYOND THOSE
PROVIDED IN THIS SUBDIVISION AND PROVIDED FURTHER THAT SUCH LOCAL LAW
SHALL NOT TAKE EFFECT SOONER THAN ONE YEAR AFTER IT IS ENACTED. 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 section 41 of part B of chapter 97 of the laws of
2011, is amended to read as follows:
Unless excluded by local law, in the city of New York, the benefits 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 fifteenth] 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 NINETEEN, 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 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, only if:
A. 7945 17
S 3. Subparagraph (ii) of paragraph (c) of subdivision 2 of section
421-a of the real property tax law, as amended by section 42 of part B
of chapter 97 of the laws of 2011, is amended to read as follows:
(ii) construction is commenced after January first, nineteen hundred
seventy-five and ON OR before [June fifteenth] 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 NINETEEN, (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
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, as amended by chapter 655 of the laws of 1978, is
amended to read as follows:
A. Application forms for exemption under this section shall be filed
with the assessors between February first and March fifteenth and, based
on the certification of the local housing agency as herein provided, the
assessors shall certify to the collecting officer the amount of taxes to
be abated. If there be in a city of one million population or more a
department of housing preservation and development, the term "housing
agency" shall mean only such department of housing preservation and
development. No such application shall be accepted by the assessors
unless accompanied by a certificate of the local housing agency certify-
ing the applicant's eligibility pursuant to subdivisions two and four of
this section. No such certification of eligibility shall be issued by
the local housing agency until such agency determines the initial
adjusted monthly rent to be paid by tenants residing in rental dwelling
units contained within the multiple dwelling and the comparative
adjusted monthly rent that would have to be paid by such tenants if no
tax exemption were applicable as provided by this section. The initial
adjusted monthly rent will be certified by the local housing agency as
the first rent for the subject dwelling units. A copy of such certif-
ication with respect to such units shall be attached by the applicant to
the first effective lease or occupancy agreement. The initial adjusted
monthly rent shall reflect the full tax exemption benefits as approved
by the agency.
S 6. Subdivision 3 of section 421-a of the real property tax law is
amended by adding a new paragraph b 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.
A. 7945 18
S 7. 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 8. 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
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.
A. 7945 19
S 9. 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 10. 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,
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
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
A. 7945 20
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 11. This act shall take effect immediately, except that sections
seven, eight and nine of this act shall be deemed to have been in full
force and effect on and after June 21, 2005, and section ten of this act
shall be deemed to have been in full force and effect on and after
August 17, 2007.
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 judgement 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
A. 7945 21
judgement 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 and B of this act shall be as
specifically set forth in the last section of such Parts.