senate Bill S6012

Signed By Governor
2015-2016 Legislative Session

Relates to rent control provisions

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Current Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 26, 2015 signed chap.20
Jun 25, 2015 delivered to governor
returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.748
substituted for a8323
referred to ways and means
delivered to assembly
passed senate
message of necessity - 3 day message
ordered to third reading cal.1910
referred to rules

Votes

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S6012 - Bill Details

See Assembly Version of this Bill:
A8323
Law Section:
Emergency Housing Rent Control Law
Laws Affected:
Amd §17, Chap 576 of 1974; amd §§1, 2, 2-a & 4, Emerg Hous Rent Cont L; amd §2, Chap 329 of 1963; amd §10, Chap 555 of 1982; amd §4, Chap 402 of 1983; amd §46, Chap 116 of 1997; amd §§5, 10, 5-a, 12 & 6, Emerg Ten Prot Act of 1974; amd NYC Ad Cd, generally; amd Part A §13, Chap 97 of 2011; amd RPT L, generally; amd §27, Chap 4 of 2013; amd §§282-a & 284, Mult Dwell L; amd §§1115, 606, 1210, 1262-e & 1202, Tax L; amd Part C §2, Chap 2 of 2005; amd Gen City L, generally; amd Ed L, generally; amd §34, Chap 91 of 2002; amd §17, Chap 345 of 2009; amd §11, Dom Rel L; amd Part K §3, Chap 59 of 2014; amd §3-c, Gen Muni L; amd §401, V & T L

S6012 - Bill Texts

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Relates to rent control provisions; limits the rent increase after vacancy of a housing accommodation; relates to the adjustment of maximum allowable rent; extends certain provisions relating to specially eligible premises and special rebates, eligibility periods, requirements, benefit periods and applications for abatements; authorizes the division of housing and community renewal to establish a tenant protection unit; relates to interim multiple dwellings (Part A); relates to charter schools; makes an appropriation to the education department for reimbursement to non-public schools; relates to the release of standardized test questions and answers, teacher evaluations and establishing a content review committee; relates to mayoral control; determines who may solemnize a marriage (Part B); establishes a property tax relief credit (Part C); appropriates funds for certain services and expenses.

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BILL NUMBER:S6012

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, chapter 555 of
the laws of 1982 amending the general business law and the
administrative code of the city of New York relating to conversion of
residential property to cooperative or condominium ownership in the
city of New York, chapter 402 of the laws of 1983 amending the general
business law relating to conversion of rental residential property to
cooperative or condominium ownership in certain municipalities in the
counties of Nassau, Westchester and Rockland and the rent regulation
reform act of 1997, and to amend chapter 4 of the laws of 2013
amending the real property tax law and other laws relating to interim
multiple dwellings in a city with a population of one million or more,
in relation to extending the effectiveness thereof; to amend the
emergency tenant protection act of nineteen seventy-four, the
emergency housing rent control law, and the administrative code of the
city of New York, in relation to deregulation thresholds; to amend the
administrative code of the city of New York and the emergency tenant
protection act of nineteen seventy-four, in relation to limiting rent
increase after vacancy of a housing accommodation; to amend the
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 adjustment of maximum allowable rent; to
amend chapter 97 of the laws of 2011, amending the general municipal
law and the education law, relating to establishing limits upon school
district and local government tax levies, in relation to extending
such provisions; and to amend the real property tax law, in relation
to extending certain provisions relating to exemption from taxation of
alterations and improvements to multiple dwellings; to amend the tax
law and part C of chapter 2 of the laws of 2005 amending the tax law
relating to exemptions from sales and use taxes, in relation to
extending certain provisions thereof; to amend the general city law
and the administrative code of the city of New York, in relation to
extending certain provisions relating to relocation and employment
assistance credits; to amend the general city law and the
administrative code of the city of New York, in relation to extending
certain provisions relating to specially eligible premises and special
rebates; to amend the administrative code of the city of New York, in
relation to extending certain provisions relating to exemptions and
deductions from base rent; to amend the real property tax law, in
relation to extending certain provisions relating to eligibility
periods and requirements; to amend the real property tax law, in
relation to extending certain provisions relating to eligibility
periods and requirements, benefit periods and applications for
abatements; to amend the administrative code of the city of New York,
in relation to extending certain provisions relating to a special
reduction in determining the taxable base rent; to amend the real
property tax law and the administrative code of the city of New York,
in relation to extending certain provisions relating to applications
for abatement of tax payments; to amend the real property tax law, in
relation to extending certain provision relating to partial tax


abatement for residential real property held in the cooperative or
condominium form of ownership in a city having a population of one
million or more; to amend the real property tax law, in relation to
extending certain provisions relating to exemptions of certain new or
substantially rehabilitated multiple dwellings from local taxation; to
amend the public housing law, in relation to the division of housing
and community renewal being authorized to establish a tenant
protection unit; and to amend the multiple dwelling law, in relation
to interim multiple dwellings (Part A); to amend the education law, in
relation to charter schools (Subpart A); making an appropriation to
the education department for reimbursement to non-public schools
(Subpart B); to amend the education law, in relation to the release of
standardized test questions and answers, teacher evaluations and
establishing a content review committee; and making an appropriation
therefor (Subpart C); to amend chapter 91 of the laws of 2002,
amending the education law and other laws relating to reorganization
of the New York city school construction authority, board of education
and community boards, in relation to the effectiveness thereof; to
amend chapter 345 of the laws of 2009, amending the education law and
other laws relating to the New York city board of education,
chancellor, community councils and community superintendents, in
relation to the effectiveness thereof; and relating to the education
budget plan of the mayor of the city of New York (Subpart D); and to
amend the domestic relations law, in relation to determining who may
solemnize a marriage (Subpart E) (Part B); and Intentionally omitted
(Subpart A); to amend the tax law, in relation to establishing a
property tax relief credit; to amend part K of chapter 59 of the laws
of 2014, amending the tax law relating to providing an enhanced real
property tax circuit breaker, in relation to the effectiveness thereof
(Subpart B); to amend the education law and the general municipal law,
in relation to capital local expenditures and the quantity change
factor (Subpart C); to amend the tax law, in relation to extending the
authority of the county of Nassau to impose additional sales and
compensating use taxes, and extending local government assistance
programs in Nassau county (Subpart D); to amend the tax law and the
vehicle and traffic law, in relation to special motor vehicle use
taxes imposed by the county of Suffolk (Subpart E); to authorize
assistance to the city of Yonkers to support public schools in the
city (Subpart F); making an appropriation for money for services and
expenses of the city of Rochester (Subpart G); and appropriating money
for certain municipal corporations and school districts; and providing
for the repeal of such provisions upon expiration thereof (Subpart H)
(Part C)

Purpose:

This bill would enact significant reforms in the areas of affordable
housing, education, and tax relief.

Summary of Provisions:

Section 1 of the bill sets forth Parts A through C.

Part A would alleviate widespread uncertainty about the rights of
landlords and tenants, as well as instability in the real estate
market, through comprehensive reforms to the State rent regulation


system and tax abatements to encourage development of residential
buildings in New York City via the following:

Extend various provisions of the laws that create the State rent
regulation system including State Rent Stabilization Law, City Rent
Stabilization Law, City Rent Control Law, and the Emergency Tenant
Protection Act (ETPA), as well as provisions of law related thereto,
for four years, to June 15, 2019, and make such provisions retroactive
to June 15, 2015.

Increase the high rent decontrol threshold to $2700, with annual
indexed increases thereafter based on the percentage increase of the
applicable rent guidelines board increases, for various provisions of
State Rent Stabilization Law, City Rent Stabilization Law, City Rent
Control Law, and the ETPA, as well as various provisions of law
related thereto.

Decrease the vacancy bonus for preferential rent to 5%, 10%, 15%, or
20%, depending on the length of tenancy in the unit rented at a
preferential rate.

Increase civil penalties available subsequent to a finding of tenant
harassment by the Division of Housing and Community Renewal.

Increase the amortization period for major capital improvements and
mandate separate amortization schedules for buildings with more than
thirty-five, and less than thirty-five housing accommodations.

Extend the J-51 program until June 15, 2019.

Open the window for applications under the 2010 Loft Law expansion for
an additional two years and establish compliance language for loft
units that would be included.

Extend sections 467-a and 421-m, relating to co-op and condominium
conversions and rehabilitation of multiple dwellings for four years,
respectively.

Extend the property tax cap for four years to June 15, 2020.

Extend section 421-a of the real property tax law for seven months and
provide that the program will be extended until June 15, 2019 if
representatives of labor and real estate interest groups enter into a
fully executed memorandum of understanding regarding wage protections
for construction workers performing construction work on projects
receiving 421-a benefits.

Amend section 421-a to: (i) increase the number of affordable units
being built under the program by providing for multiple affordable
development options; (ii) mandate the same entry be available for use
by all tenants; (iii) allow for the New York City Council to pass
legislation modifying the Geographic Exclusion Area that defines where
affordable units are mandated under this program; (iv) mandate wage
protections for building service workers at buildings participating in
the 421-a program; and (v) increase the commitment to affordability
and the length of the tax abatement to 35 years.


Extend the (i) lower Manhattan sales and use tax program; (ii) the
relocation and employment assistance program; (iii) the energy cost
savings program; (iv) the lower Manhattan energy program; (v) the
commercial rent tax reduction program; (vi) the commercial expansion
program; (vii) the commercial revitalization program; (viii) the
industrial and commercial abatement program; and (ix) the S-Corps
program, each for two years.

Establish a real property tax abatement.

Part B would: (i) enact critical reforms and support for public,
non-public, and charter schools; and (ii) allow a current or former
governor to solemnize marriages in the State of New York, by amending
the education law and domestic relations law, respectively, to:

Increase the number of charter schools available to be issued in New
York City to 50 and removes authorizer-specific caps so that the
remaining charters may be issued by the State University of New York
(SUNY) or the State Education Department (SED). This subpart would
also enhance and authorize charter schools' flexibility in hiring
school personnel and authorizes an optional enrollment preference for
children of charter school and charter management organization
employees.

Appropriate $250 million to reimburse private schools for the costs of
performing State mandated services.

Appropriate $8.4 million to the SED to support increased disclosure of
State exam questions and answers. It would also clarify required
components of the State growth model for teacher evaluations,
establish a committee to review the content of all standardized tests,
prohibit teacher confidentiality agreements in certain circumstances,
and direct the SED Commissioner to undertake a comprehensive review of
education standards by June 30, 2016.

Extend mayoral control in New York City for one year to June 30, 2016.

Amend the current law to allow the current or a former governor to the
list of officials who may solemnize marriages in the State of New
York.

Part C would:

Establish a new Property Tax Relief Credit against the personal income
tax for tax years 2016-2019.

The new credit would be available as an advance payment to
income-eligible resident taxpayers who own and reside in property
receiving basic or enhanced STAR located outside of New York City.

For 2016, the credit would be $130 for taxpayers in the metropolitan
commuter transportation district (MCTD) with household incomes up to
$275,000, and $185 for taxpayers outside the MCTD with household
incomes up to $200,000.

For subsequent tax years, the credit would be calculated as a
percentage of the property STAR saving, using a progressive


income-based percentage schedule: for a taxpayer with income below
$75,000, the credit will be 28% of the STAR savings for 2017 and will
grow to 85% of the STAR savings for 2019.

Extend the expiration of the enhanced real property tax circuit
breaker from 2016 to 2020.

Authorize the Commissioner of the Department of Taxation and Finance
(DTF) to provide, by rules and regulations, for the adjustment of a
school district's capital local expenditures to reflect the district's
share of capital expenditures made by a Board of Cooperative
Educational Services (BOCES).

Authorize the DTF Commissioner to provide, by rules and regulations,
for the adjustment of quantity change factor for a local government or
school district to reflect development on tax-exempt property within
the jurisdiction.

Extend Nassau County's ability to impose additional sales and
compensating use taxes for two years and allow Suffolk County to
impose a special motor vehicle use tax.

Establish a special fund known as the "local ad valorem mitigation
fund" in the custody of the Urban Development Corporation.

Provide $25,000,000 in municipal aid to the City of Yonkers to support
public schools in the city.

Provide $6,000,000 in funding for the City of Rochester to support
services enhancing anti-poverty programs.

Existing Law:

This legislation would amend existing provisions of the Emergency
Housing Rent Control Law, the General Business Law, the Real Property
Tax Law, the Emergency Tenant Protection Act, the Administrative Code
of the City of New York, the Public Housing Law, the Multiple Dwelling
Law, of the Education Law, the General Municipal Law, and the Vehicle
and Traffic Law.

Statement in Support:

Part A:

Rent regulation laws are critical to the well-being of New Yorkers who
live in approximately one million rent regulated homes. Few things are
more fundamental than having a stable, affordable home. Rent
regulation laws prevent landlords of rent regulated units from
harassing low-income tenants, raising rents improperly, and engaging
in deceptive business practices.

Passage of this legislation would avoid widespread uncertainty about
the rights of owners and tenants and stop the rents of thousands of
New Yorkers from increasing to a point at which they could no longer
afford to live in their homes, thus averting a crisis to which local
governments could not respond adequately.


Passage of various tax incentives and tax abatements as provided in
this legislation would also encourage development of affordable units
and would require wage protections for building services workers.

Part B:

Charter schools represent a critical component of parental choice in
education, and many charter schools have shown outstanding results in
student achievement. This legislation would increase the number of
charter schools available to be issued in New York City, ensuring that
this category of schools can continue to increase access and choice in
communities across New York City. This legislation would also enhance
flexibility in educator hiring at charter schools, and encourages
community building by allowing an optional enrollment preference for
children of charter school employees.

Non-public schools serve over 400,000 students across the state -
nearly 15% of the total public school population. The State Education
Department (SED) currently reimburses non-public schools for the cost
of performing certain State mandated functions. This legislation would
add $250 million available for this purpose, to ensure that schools
are accurately reimbursed for their costs and can continue to survive
and provide important educational opportunities.

Over the last several years, parents, students and teachers have been
frustrated by the lack of transparency of New York State's testing
regime. In order to allow for an increased disclosure of state exam
questions and answers, this legislation would provide $8.4 million in
new funding to the SED. In addition, this bill would clarify required
components of the state growth model for teacher evaluations; would
establish a committee to review the content of all standardized tests;
would prohibit teacher confidentiality agreements in certain
circumstances; and would direct the SED Commissioner to undertake a
comprehensive review of education standards by June 30, 2016.

Mayoral control of New York City was first enacted in 2002, and -
absent this legislation - would expire June 30, 2015. This legislation
would renew all provisions of mayoral control for an additional year,
to June 30, 2016.

This bill would also allow the current or a former governor to
solemnize marriages.

Part C:

Since its enactment in 2011, the real property tax cap has
dramatically reduced the growth in local property taxes: as compared
with the 10 year period prior to 2011, the real property tax cap has
reduced the rate of growth in local taxes by nearly 60%. This bill
would extend the tax cap for an additional four years, ensuring that
this critical program will continue to control the growth of property
taxes. The bill would also authorize the DTF Commissioner to adopt
regulations to make minor adjustments to the cap to reflect BOCES
capital expenses that are borne by school districts and the impact of
tax-exempt property improvements.


Even with the tax cap in place, New York's homeowners pay the highest
property taxes in the nation. This bill would establish a new Real
Property Tax Credit to provide over $3 billion in progressive property
tax relief to low- and middle-income homeowners outside New York City
over the next four years. This bill would also extend the enhanced
real property circuit breaker, which provides progressive property tax
relief to New York City homeowners and renters, for four years.

This bill would further establish a special fund known as the "local
ad valorem mitigation fund" in the custody of the urban development
corporation. It would also provide relief for the Counties of Nassau
and Suffolk, and the Cities of Yonkers and Rochester.

Legislative History

This is a new bill.

Budget Implications

Part A: The legislation is expected to have no material impact on the
State Financial Plan.

Part B: This legislation would provide new appropriations of $250
million to reimburse private schools for the costs of performing State
mandated services and $8.4 million to support increased disclosure of
state exam questions and answers by the State Education Department.

The Yonkers School District would receive $25 million in emergency aid
from excess balances available in the State of New York Mortgage
Agency's Mortgage Insurance Fund. There will be no impact on the State
Financial Plan.

The City of Rochester would receive an additional $6 million in
General Fund support, offset by other revenues available to the State.
There will be no net impact on the Financial Plan.

The New York State Energy Research and Development Authority (NYSERDA)
would make available $19 million to support these appropriations.
There will be no net impact on the Financial Plan.

Part C: The legislation would provide for a property tax relief credit
that will result in additional Financial Plan costs, beginning in
Fiscal Year 2017. The expected costs are approximately $400 million in
Fiscal Year 2016-17, $450 million in Fiscal Year 2017-18, $950 million
in Fiscal Year 2018-19, and $1.3 billion in Fiscal Year 2019-20 and
thereafter. In addition, the extension of the enhanced New York City
circuit breaker results in additional Financial Plan costs of $85
million annually, starting in Fiscal Year 2017-18.

Effective Date

Immediately.

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

    S. 6012                                                  A. 8323

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 25, 2015
                               ___________

IN SENATE -- Introduced by Sen. FLANAGAN -- (at request of the Governor)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules

IN  ASSEMBLY  --  Introduced  by  M. of A. HEASTIE -- (at request of the
  Governor) -- read once and referred to the Committee on Ways and Means

AN ACT to amend chapter 576 of the laws of 1974 amending  the  emergency
  housing  rent control law relating to the control of and stabilization
  of rent in certain cases, the  emergency  housing  rent  control  law,
  chapter  329  of  the laws of 1963 amending the emergency housing rent
  control law relating to recontrol of rents in Albany, chapter  555  of
  the laws of 1982 amending the general business law and the administra-
  tive  code  of the city of New York relating to conversion of residen-
  tial property to cooperative or condominium ownership in the  city  of
  New  York,  chapter 402 of the laws of 1983 amending the general busi-
  ness law relating to conversion  of  rental  residential  property  to
  cooperative  or condominium ownership in certain municipalities in the
  counties of Nassau, Westchester and Rockland and the  rent  regulation
  reform  act of 1997, and to amend chapter 4 of the laws of 2013 amend-
  ing the real property tax law  and  other  laws  relating  to  interim
  multiple dwellings in a city with a population of one million or more,
  in relation to extending the effectiveness thereof; to amend the emer-
  gency  tenant  protection  act of nineteen seventy-four, the emergency
  housing rent control law, and the administrative code of the  city  of
  New  York, in relation to deregulation thresholds; to amend the admin-
  istrative code of the city  of  New  York  and  the  emergency  tenant
  protection  act of nineteen seventy-four, in relation to limiting rent
  increase after vacancy of a housing accommodation; to amend the admin-
  istrative  code  of  the  city  of  New  York,  the  emergency  tenant
  protection act of nineteen seventy-four and the emergency housing rent
  control  law,  in relation to adjustment of maximum allowable rent; to
  amend chapter 97 of the laws of 2011, amending the  general  municipal
  law and the education law, relating to establishing limits upon school
  district  and  local  government  tax levies, in relation to extending

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12037-01-5

S. 6012                             2                            A. 8323

  such provisions; and to amend the real property tax law,  in  relation
  to extending certain provisions relating to exemption from taxation of
  alterations  and  improvements to multiple dwellings; to amend the tax
  law  and  part C of chapter 2 of the laws of 2005 amending the tax law
  relating to exemptions from  sales  and  use  taxes,  in  relation  to
  extending  certain  provisions  thereof; to amend the general city law
  and the administrative code of the city of New York,  in  relation  to
  extending  certain  provisions  relating  to relocation and employment
  assistance credits; to amend the general city law and the  administra-
  tive  code  of  the city of New York, in relation to extending certain
  provisions  relating  to  specially  eligible  premises  and   special
  rebates;  to amend the administrative code of the city of New York, in
  relation to extending certain provisions relating  to  exemptions  and
  deductions  from  base  rent;  to  amend the real property tax law, in
  relation to extending certain provisions relating to eligibility peri-
  ods and requirements; to amend the real property tax law, in  relation
  to  extending  certain  provisions relating to eligibility periods and
  requirements, benefit periods  and  applications  for  abatements;  to
  amend  the administrative code of the city of New York, in relation to
  extending certain provisions relating to a special reduction in deter-
  mining the taxable base rent; to amend the real property tax  law  and
  the  administrative  code  of  the  city  of  New York, in relation to
  extending certain provisions relating to applications for abatement of
  tax payments; to amend the real  property  tax  law,  in  relation  to
  extending  certain  provision  relating  to  partial tax abatement for
  residential real property held in the cooperative or condominium  form
  of  ownership in a city having a population of one million or more; to
  amend the real property tax law,  in  relation  to  extending  certain
  provisions  relating  to  exemptions  of  certain new or substantially
  rehabilitated multiple dwellings from local  taxation;  to  amend  the
  public  housing law, in relation to the division of housing and commu-
  nity renewal being authorized to establish a tenant  protection  unit;
  and  to amend the multiple dwelling law, in relation to interim multi-
  ple dwellings (Part A); to amend the education  law,  in  relation  to
  charter  schools (Subpart A); making an appropriation to the education
  department for reimbursement to non-public  schools  (Subpart  B);  to
  amend  the  education  law, in relation to the release of standardized
  test questions and answers, teacher  evaluations  and  establishing  a
  content   review  committee;  and  making  an  appropriation  therefor
  (Subpart C); to amend chapter 91 of the laws  of  2002,  amending  the
  education  law  and  other  laws relating to reorganization of the New
  York city school construction authority, board of education and commu-
  nity boards, in relation to the effectiveness thereof; to amend  chap-
  ter 345 of the laws of 2009, amending the education law and other laws
  relating to the New York city board of education, chancellor, communi-
  ty  councils  and community superintendents, in relation to the effec-
  tiveness thereof; and relating to the education  budget  plan  of  the
  mayor  of  the city of New York (Subpart D); and to amend the domestic
  relations law, in relation to determining who may solemnize a marriage
  (Subpart E) (Part B); and Intentionally omitted (Subpart A); to  amend
  the tax law, in relation to establishing a property tax relief credit;
  to  amend  part  K of chapter 59 of the laws of 2014, amending the tax
  law relating to providing an enhanced real property tax circuit break-
  er, in relation to the effectiveness thereof (Subpart B); to amend the
  education law and the general municipal law, in  relation  to  capital
  local  expenditures  and  the  quantity  change factor (Subpart C); to

S. 6012                             3                            A. 8323

  amend the tax law, in relation to extending the authority of the coun-
  ty of Nassau to impose additional sales and  compensating  use  taxes,
  and  extending  local  government assistance programs in Nassau county
  (Subpart  D); to amend the tax law and the vehicle and traffic law, in
  relation to special motor vehicle use taxes imposed by the  county  of
  Suffolk (Subpart E); to authorize assistance to the city of Yonkers to
  support  public  schools  in the city (Subpart F); making an appropri-
  ation for money for services and expenses of  the  city  of  Rochester
  (Subpart  G);  and  appropriating  money  for certain municipal corpo-
  rations and school districts; and providing for  the  repeal  of  such
  provisions upon expiration thereof (Subpart H) (Part C)

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

  Section 1. This act enacts into law major  components  of  legislation
relating  to  real  property  tax levies, rent regulation and education.
Each component is wholly contained within a Part identified as  Parts  A
through  C.  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, including the effec-
tive 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. Short title. This act shall be known and may  be  cited  as
the "rent act of 2015".
  S  1-a.  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] 2019; 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] 2019.

S. 6012                             4                            A. 8323

  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] 2019.
  S 4. Section 10 of chapter 555 of the laws of 1982 amending the gener-
al business law and the administrative code of  the  city  of  New  York
relating  to conversion of residential property to cooperative or condo-
minium ownership in the city of New York, as amended by  chapter  19  of
the laws of 2015, is amended to read as follows:
  S  10.  This  act  shall  take  effect immediately; provided, that the
provisions of sections one, two and nine of this  act  shall  remain  in
full  force  and  effect  only  until and including June [23] 15, [2015]
2019; provided further that the provisions of section three of this  act
shall  remain  in full force and effect only so long as the public emer-
gency 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;  provided  further  that  the
provisions  of  sections  four,  five,  six  and seven of this act shall
expire in accordance with the provisions of section 26-520 of the admin-
istrative code of the city of New York as such section of  the  adminis-
trative  code  is, from time to time, amended; provided further that the
provisions of section 26-511 of the administrative code of the  city  of
New  York, as amended by this act, which the New York City Department of
Housing Preservation and Development must find are contained in the code
of the real estate industry stabilization association of  such  city  in
order  to approve it, shall be deemed contained therein as of the effec-
tive date of this act; and provided further that any plan  accepted  for
filing  by the department of law on or before the effective date of this
act shall continue to be governed by the provisions of section  352-eeee
of the general business law as they had existed immediately prior to the
effective date of this act.
  S 5. Section 4 of chapter 402 of the laws of 1983 amending the general
business  law  relating  to conversion of rental residential property to
cooperative or condominium ownership in certain  municipalities  in  the
counties  of  Nassau, Westchester and Rockland, as amended by chapter 19
of the laws of 2015, is amended to read as follows:
  S 4. This act  shall  take  effect  immediately;  provided,  that  the
provisions  of  sections  one and three of this act shall remain in full
force and effect only until and including June [23] 15, [2015] 2019; and
provided further that any plan accepted for filing by the department  of
law  on  or  before  the effective date of this act shall continue to be
governed by the provisions of section 352-eee of  the  general  business
law  as they had existed immediately prior to the effective date of this
act.
  S 6. 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] 2019;
  S 7. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the
laws  of  1946,  constituting the emergency housing rent control law, as

S. 6012                             5                            A. 8323

amended by section 9 of part B of chapter 97 of the  laws  of  2011,  is
amended to read as follows:
  (n)  any  housing  accommodation  with  a maximum rent of two thousand
dollars or more per month at any time between the effective date of this
paragraph and October first, nineteen hundred ninety-three which  is  or
becomes vacant on or after the effective date of this paragraph; or, for
any housing accommodation with a maximum rent of two thousand dollars or
more  per  month  at any time on or after the effective date of the rent
regulation reform act of 1997 and before the effective date of the  rent
act  of  2011, which is or becomes vacant on or after the effective date
of the rent regulation reform act of 1997 and before the effective  date
of the rent act of 2011. This exclusion shall apply regardless of wheth-
er the next tenant in occupancy or any subsequent tenant in occupancy is
charged  or  pays  less  than  two thousand dollars a month; or, for any
housing accommodation with a maximum rent of two thousand  five  hundred
dollars  or more per month at any time on or after the effective date of
the rent act of 2011, which is or becomes vacant on or after such effec-
tive date, BUT PRIOR TO THE EFFECTIVE DATE OF THE RENT ACT OF 2015;  OR,
ANY HOUSING ACCOMMODATION WITH A LEGAL REGULATED RENT THAT WAS TWO THOU-
SAND SEVEN HUNDRED DOLLARS OR MORE PER MONTH AT ANY TIME ON OR AFTER THE
EFFECTIVE  DATE  OF THE RENT ACT OF 2015, WHICH BECOMES VACANT AFTER THE
EFFECTIVE DATE OF THE RENT ACT OF 2015, PROVIDED, HOWEVER, THAT STARTING
ON JANUARY 1, 2016, AND ANNUALLY THEREAFTER, THE MAXIMUM LEGAL REGULATED
RENT FOR THIS DEREGULATION THRESHOLD, SHALL ALSO  BE  INCREASED  BY  THE
SAME  PERCENTAGE AS THE MOST RECENT ONE YEAR RENEWAL ADJUSTMENT, ADOPTED
BY THE APPLICABLE RENT GUIDELINES  BOARD.  This  exclusion  shall  apply
regardless  of  whether  the  next tenant in occupancy or any subsequent
tenant in occupancy actually is charged or pays less than  two  thousand
[five]  SEVEN  hundred  dollars  [a], AS ADJUSTED BY THE APPLICABLE RENT
GUIDELINES BOARD, PER month. An exclusion  pursuant  to  this  paragraph
shall not apply, however, to or become effective with respect to housing
accommodations which the commissioner determines or finds that the land-
lord or any person acting on his or her behalf, with intent to cause the
tenant  to  vacate, has engaged in any course of conduct (including, but
not limited to, interruption or  discontinuance  of  required  services)
which  interfered with or disturbed or was intended to interfere with or
disturb the comfort, repose, peace or quiet of the tenant in his or  her
use  or  occupancy  of the housing accommodations and in connection with
such course of conduct, any other general enforcement provision of  this
law shall also apply.
  S  8. Paragraph 13 of subdivision a of section 5 of section 4 of chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection  act  of  nineteen  seventy-four, as amended by section 10 of
part B of chapter 97 of the laws of 2011, is amended to read as follows:
  (13) any housing accommodation with a  legal  regulated  rent  of  two
thousand  dollars  or  more  per month at any time between the effective
date of this paragraph and October first, nineteen hundred  ninety-three
which  is or becomes vacant on or after the effective date of this para-
graph; or, for any housing accommodation with a legal regulated rent  of
two  thousand  dollars  or  more  per  month at any time on or after the
effective date of the rent regulation reform act of 1997 and before  the
effective date of the rent act of 2011, which is or becomes vacant on or
after  the  effective date of the rent regulation reform act of 1997 and
before the effective date of the rent act of 2011. This exclusion  shall
apply  regardless  of whether the next tenant in occupancy or any subse-
quent tenant in occupancy is charged or  pays  less  than  two  thousand

S. 6012                             6                            A. 8323

dollars  a  month;  or, for any housing accommodation with a legal regu-
lated rent of two thousand five hundred dollars or more per month at any
time on or after the effective date of the rent act of 2011, which is or
becomes  vacant on or after such effective date, BUT PRIOR TO THE EFFEC-
TIVE DATE OF THE RENT ACT OF 2015; OR, ANY HOUSING ACCOMMODATION WITH  A
LEGAL REGULATED RENT THAT WAS TWO THOUSAND SEVEN HUNDRED DOLLARS OR MORE
PER  MONTH AT ANY TIME ON OR AFTER THE EFFECTIVE DATE OF THE RENT ACT OF
2015, WHICH BECOMES VACANT AFTER THE EFFECTIVE DATE OF THE RENT  ACT  OF
2015,  PROVIDED, HOWEVER, THAT STARTING ON JANUARY 1, 2016, AND ANNUALLY
THEREAFTER, THE MAXIMUM  LEGAL  REGULATED  RENT  FOR  THIS  DEREGULATION
THRESHOLD,  SHALL  ALSO  BE INCREASED BY THE SAME PERCENTAGE AS THE MOST
RECENT ONE YEAR RENEWAL  ADJUSTMENT,  ADOPTED  BY  THE  APPLICABLE  RENT
GUIDELINES  BOARD.  An  exclusion pursuant to this paragraph shall apply
regardless of whether the next tenant in  occupancy  or  any  subsequent
tenant  in  occupancy actually is charged or pays less than two thousand
[five] SEVEN hundred dollars a month.  Provided however, that an  exclu-
sion  pursuant  to  this  paragraph  shall not apply to housing accommo-
dations which became or become subject to this  act  (a)  by  virtue  of
receiving  tax benefits pursuant to section four hundred twenty-one-a or
four hundred eighty-nine of the real property tax law, except as  other-
wise provided in subparagraph (i) of paragraph (f) of subdivision two of
section  four  hundred twenty-one-a of the real property tax law, or (b)
by virtue of article seven-C of the multiple dwelling  law.  This  para-
graph  shall  not apply, however, to or become effective with respect to
housing accommodations which the commissioner determines or  finds  that
the  landlord  or any person acting on his or her behalf, with intent to
cause the tenant to  vacate,  has  engaged  in  any  course  of  conduct
(including,  but  not  limited  to,  interruption  or  discontinuance of
required services) which interfered with or disturbed or was intended to
interfere with or disturb the comfort, repose, peace  or  quiet  of  the
tenant  in his or her use or occupancy of the housing accommodations and
in connection with such course of conduct, any other general enforcement
provision of this act shall also apply.
  S 9. Subparagraph (k) of paragraph  2  of  subdivision  e  of  section
26-403 of the administrative code of the city of New York, as amended by
section  11  of  part B of chapter 97 of the laws of 2011, is amended to
read as follows:
  (k) Any housing accommodation which becomes vacant on or  after  April
first,  nineteen  hundred  ninety-seven and before the effective date of
the rent act of 2011, and where at the  time  the  tenant  vacated  such
housing  accommodation the maximum rent was 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 regulation reform act of 1997
and  before  the  effective  date of the rent act of 2011 with a maximum
rent of two thousand dollars or more per  month.  This  exclusion  shall
apply  regardless  of whether the next tenant in occupancy or any subse-
quent tenant in occupancy is charged or  pays  less  than  two  thousand
dollars  a  month; or, for any housing accommodation with a maximum rent
of two thousand five hundred dollars or more per month at any time on or
after the effective date of the rent act of 2011, which  is  or  becomes
vacant  on or after such effective date, BUT PRIOR TO THE EFFECTIVE DATE
OF THE RENT ACT OF 2015; OR, ANY  HOUSING  ACCOMMODATION  WITH  A  LEGAL
REGULATED  RENT  THAT WAS TWO THOUSAND SEVEN HUNDRED DOLLARS OR MORE PER
MONTH AT ANY TIME ON OR AFTER THE EFFECTIVE DATE  OF  THE  RENT  ACT  OF
2015,  WHICH  BECOMES VACANT AFTER THE EFFECTIVE DATE OF THE RENT ACT OF
2015, PROVIDED, HOWEVER, THAT STARTING ON JANUARY 1, 2016, AND  ANNUALLY

S. 6012                             7                            A. 8323

THEREAFTER,  THE  MAXIMUM  LEGAL  REGULATED  RENT  FOR THIS DEREGULATION
THRESHOLD, SHALL ALSO BE INCREASED BY  THE  SAME  PERCENT  AS  THE  MOST
RECENT  ONE  YEAR  RENEWAL ADJUSTMENT, ADOPTED BY THE NEW YORK CITY RENT
GUIDELINES  BOARD PURSUANT TO THE RENT STABILIZATION LAW. This exclusion
shall apply regardless of whether the next tenant in  occupancy  or  any
subsequent tenant in occupancy actually is charged or pays less than two
thousand [five] SEVEN hundred dollars a month. Provided however, that an
exclusion  pursuant  to  this  subparagraph  shall  not apply to housing
accommodations which became or become subject to this law by  virtue  of
receiving  tax  benefits pursuant to section four hundred eighty-nine of
the real property tax law. This subparagraph shall not  apply,  however,
to  or become effective with respect to housing accommodations which the
commissioner determines or finds that the landlord or any person  acting
on  his  or  her  behalf, with intent to cause the tenant to vacate, has
engaged in any course of conduct (including, but not limited to,  inter-
ruption or discontinuance of required services) which interfered with or
disturbed  or  was  intended  to  interfere with or disturb the comfort,
repose, peace or quiet of the tenant in his or her use or  occupancy  of
the  housing  accommodations  and  in  connection  with  such  course of
conduct, any other general enforcement provision of this law shall  also
apply.
  S  10.  Section 26-504.2 of the administrative code of the city of New
York, as amended by section 12 of part B of chapter 97 of  the  laws  of
2011, is amended to read as follows:
  S 26-504.2 Exclusion of high rent accommodations. a. "Housing accommo-
dations"  shall  not  include:  any  housing accommodation which becomes
vacant on or after April first, nineteen hundred ninety-seven and before
the effective date of the rent act of 2011 and where  at  the  time  the
tenant  vacated  such housing accommodation the legal regulated rent was
two thousand dollars or more per month; or,  for  any  housing  accommo-
dation  which is or becomes vacant on or after the effective date of the
rent regulation reform act of 1997 and before the effective date of  the
rent act of 2011, with a legal regulated rent of two thousand dollars or
more  per month; OR FOR ANY HOUSING ACCOMMODATION THAT BECOMES VACANT ON
OR AFTER THE EFFECTIVE DATE OF THE RENT ACT OF 2015,  WHERE  SUCH  LEGAL
REGULATED  RENT  WAS  TWO THOUSAND SEVEN HUNDRED DOLLARS OR MORE, AND AS
FURTHER ADJUSTED BY THIS SECTION.   STARTING ON  JANUARY  1,  2016,  AND
ANNUALLY  THEREAFTER,  THE MAXIMUM LEGAL REGULATED RENT FOR THIS DEREGU-
LATION THRESHOLD, SHALL ALSO BE INCREASED BY THE  SAME  PERCENT  AS  THE
MOST  RECENT  ONE  YEAR RENEWAL ADJUSTMENT, ADOPTED BY THE NEW YORK CITY
RENT GUIDELINES BOARD PURSUANT TO THE  RENT  STABILIZATION  LAW.    This
exclusion shall apply regardless of whether the next tenant in occupancy
or  any  subsequent tenant in occupancy is charged or pays less than two
thousand dollars a month; or, for any housing accommodation with a legal
regulated rent of two thousand five hundred dollars or more per month at
any time on or after the effective date of the rent act of  2011,  which
is  or  becomes vacant on or after such effective date, BUT PRIOR TO THE
EFFECTIVE DATE OF THE RENT ACT OF 2015; OR,  ANY  HOUSING  ACCOMMODATION
WITH  A LEGAL REGULATED RENT THAT WAS TWO THOUSAND SEVEN HUNDRED DOLLARS
OR MORE PER MONTH AT ANY TIME ON OR AFTER THE EFFECTIVE DATE OF THE RENT
ACT OF 2015, WHICH BECOMES VACANT AFTER THE EFFECTIVE DATE OF  THE  RENT
ACT  OF  2015,  PROVIDED, HOWEVER, THAT STARTING ON JANUARY 1, 2016, AND
ANNUALLY THEREAFTER, SUCH LEGAL REGULATED  RENT  FOR  THIS  DEREGULATION
THRESHOLD,  SHALL  ALSO  BE INCREASED BY THE SAME PERCENTAGE AS THE MOST
RECENT ONE YEAR RENEWAL ADJUSTMENT, ADOPTED BY THE NEW  YORK  CITY  RENT
GUIDELINES  BOARD.  This exclusion shall apply regardless of whether the

S. 6012                             8                            A. 8323

next tenant in occupancy or any subsequent tenant in occupancy  actually
is  charged or pays less than two thousand [five] SEVEN hundred dollars,
AS ADJUSTED BY THE APPLICABLE RENT GUIDELINES BOARD, a  month.  Provided
however,  that an exclusion pursuant to this subdivision shall not apply
to housing accommodations which became or become subject to this law (a)
by virtue of receiving tax benefits pursuant  to  section  four  hundred
twenty-one-a  or  four hundred eighty-nine of the real property tax law,
except as otherwise provided in subparagraph (i)  of  paragraph  (f)  of
subdivision two of section four hundred twenty-one-a of the real proper-
ty tax law, or (b) by virtue of article seven-C of the multiple dwelling
law.  This section shall not apply, however, to or become effective with
respect to housing accommodations which the commissioner  determines  or
finds  that the landlord or any person acting on his or her behalf, with
intent to cause the tenant to vacate, engaged in any course  of  conduct
(including,  but  not  limited  to,  interruption  or  discontinuance of
required services) which interfered with or disturbed or was intended to
interfere with or disturb the comfort, repose, peace  or  quiet  of  the
tenant  in his or her use or occupancy of the housing accommodations and
in connection with such course of conduct, any other general enforcement
provision of this law shall also apply.
  b. The owner of any housing accommodation that is not subject to  this
law  pursuant  to  the  provisions  of  subdivision a of this section or
subparagraph k of paragraph 2 of subdivision e of section 26-403 of this
code shall give written notice certified by  such  owner  to  the  first
tenant  of  that  housing accommodation after such housing accommodation
becomes exempt from the provisions of this law  or  the  city  rent  and
rehabilitation  law.  Such notice shall contain the last regulated rent,
the reason that such housing accommodation is not subject to this law or
the city rent and rehabilitation law, a calculation of  how  either  the
rental  amount  charged  when  there  is  no  lease or the rental amount
provided for in the lease has been derived so as to reach  two  thousand
dollars  or  more per month or, for a housing accommodation with a legal
regulated rent or maximum rent of two thousand five hundred  dollars  or
more  per  month on or after the effective date of the rent act of 2011,
AND BEFORE THE EFFECTIVE DATE OF THE RENT  ACT  OF  2015,  which  is  or
becomes  vacant on or after such effective date, whether the next tenant
in occupancy or any subsequent tenant in occupancy actually  is  charged
or pays less than a legal regulated rent or maximum rent of two thousand
five  hundred  dollars  or more per month, OR TWO THOUSAND SEVEN HUNDRED
DOLLARS OR MORE, PER MONTH, STARTING ON JANUARY 1,  2016,  AND  ANNUALLY
THEREAFTER,  THE  MAXIMUM  LEGAL  REGULATED  RENT  FOR THIS DEREGULATION
THRESHOLD, SHALL ALSO BE INCREASED BY  THE  SAME  PERCENT  AS  THE  MOST
RECENT  ONE  YEAR  RENEWAL ADJUSTMENT, ADOPTED BY THE NEW YORK CITY RENT
GUIDELINES BOARD PURSUANT TO THE RENT  STABILIZATION  LAW,  a  statement
that  the  last legal regulated rent or the maximum rent may be verified
by the tenant by contacting the state division of housing and  community
renewal,  or any successor thereto, and the address and telephone number
of such agency, or any successor thereto. Such notice shall be  sent  by
certified  mail  within thirty days after the tenancy commences or after
the signing of the lease by both  parties,  whichever  occurs  first  or
shall  be  delivered to the tenant at the signing of the lease. In addi-
tion, the owner shall send and certify to  the  tenant  a  copy  of  the
registration  statement  for  such  housing accommodation filed with the
state division of housing and community  renewal  indicating  that  such
housing  accommodation  became exempt from the provisions of this law or
the city rent and rehabilitation law, which form shall include the  last

S. 6012                             9                            A. 8323

regulated rent, and shall be sent to the tenant within thirty days after
the  tenancy  commences  or  the  filing of such registration, whichever
occurs later.
  S 11. Subdivision a-2 of section 10 of section 4 of chapter 576 of the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen 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,
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,  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] 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  WHEN  SUBSEQUENT  TO  VACANCY: (I) SUCH LEGAL REGULATED RENT IS TWO
THOUSAND FIVE HUNDRED DOLLARS PER MONTH, OR MORE, FOR ANY HOUSING ACCOM-
MODATION THAT IS, OR BECOMES, VACANT AFTER THE  EFFECTIVE  DATE  OF  THE
RENT ACT OF 2011 BUT PRIOR TO THE EFFECTIVE DATE OF THE RENT ACT OF 2015
OR  (II) SUCH LEGAL REGULATED RENT IS TWO THOUSAND SEVEN HUNDRED DOLLARS
PER MONTH OR MORE FOR ANY  HOUSING  ACCOMMODATION  THAT  IS  OR  BECOMES
VACANT  ON  OR  AFTER THE RENT ACT OF 2015; STARTING ON JANUARY 1, 2016,
AND ANNUALLY THEREAFTER, THE  MAXIMUM  LEGAL  REGULATED  RENT  FOR  THIS
DEREGULATION  THRESHOLD,  SHALL ALSO BE INCREASED BY THE SAME PERCENT AS
THE MOST RECENT ONE YEAR RENEWAL ADJUSTMENT, ADOPTED BY  THE  APPLICABLE
RENT GUIDELINES BOARD PURSUANT TO THE RENT STABILIZATION LAW.
  S  12. Paragraph 14 of subdivision c of section 26-511 of the adminis-
trative 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-
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, such hous-
ing accommodation shall be excluded from  the  provisions  of  this  law
pursuant to section 26-504.2 of this chapter] SUCH HOUSING ACCOMMODATION
SHALL  BE  EXCLUDED FROM THE PROVISIONS OF THIS CODE PURSUANT TO SECTION
26-504.2 OF THIS CHAPTER WHEN, SUBSEQUENT TO  VACANCY:  (I)  SUCH  LEGAL
REGULATED RENT PRIOR TO VACANCY IS TWO THOUSAND FIVE HUNDRED DOLLARS PER
MONTH,  OR MORE, FOR ANY HOUSING ACCOMMODATION THAT IS OR BECOMES VACANT
AFTER THE EFFECTIVE DATE OF THE RENT ACT OF 2011 BUT PRIOR TO THE EFFEC-

S. 6012                            10                            A. 8323

TIVE DATE OF THE RENT ACT OF 2015 OR (II) SUCH LEGAL REGULATED  RENT  IS
TWO  THOUSAND SEVEN HUNDRED DOLLARS PER MONTH OR MORE, PROVIDED, HOWEVER
THAT ON JANUARY 1, 2016, AND  ANNUALLY  THEREAFTER,  THE  MAXIMUM  LEGAL
REGULATED  RENT FOR THIS DEREGULATION THRESHOLD SHALL BE ADJUSTED BY THE
SAME PERCENTAGE AS THE  MOST  RECENT  ONE  YEAR  RENEWAL  ADJUSTMENT  AS
ADJUSTED BY THE RELEVANT RENT GUIDELINES BOARD, FOR ANY HOUSING ACCOMMO-
DATION THAT IS OR BECOMES VACANT ON OR AFTER THE RENT ACT OF 2015.
  S  13.  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:
  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  SEVEN  HUNDRED
DOLLARS, PROVIDED, HOWEVER THAT ON JANUARY 1, 2016, AND ANNUALLY  THERE-
AFTER,  THE MAXIMUM LEGAL REGULATED RENT FOR THIS DEREGULATION THRESHOLD
SHALL BE ADJUSTED BY THE SAME PERCENTAGE AS THE  MOST  RECENT  ONE  YEAR
RENEWAL ADJUSTMENT ADOPTED BY THE RENT GUIDELINES BOARD.
  S  14. 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  SEVEN  HUNDRED
DOLLARS, PROVIDED, HOWEVER, THAT ON JANUARY 1, 2016, AND ANNUALLY THERE-
AFTER, THE MAXIMUM LEGAL REGULATED RENT FOR THIS DEREGULATION  THRESHOLD
SHALL  BE  ADJUSTED  BY  THE SAME PERCENTAGE AS THE MOST RECENT ONE YEAR
RENEWAL ADJUSTMENT ADOPTED BY THE RENT GUIDELINES BOARD.
  S 15. 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  SEVEN  HUNDRED
DOLLARS, PROVIDED, HOWEVER, THAT ON JANUARY FIRST, TWO THOUSAND SIXTEEN,
AND ANNUALLY THEREAFTER,  SUCH  DEREGULATION  RENT  THRESHOLD  SHALL  BE
ADJUSTED  BY  THE  SAME  PERCENTAGE  AS THE MOST RECENT ONE YEAR RENEWAL
ADJUSTMENT ADOPTED BY THE RELEVANT GUIDELINES BOARD.
  S 16. 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,

S. 6012                            11                            A. 8323

THE  DEREGULATION  RENT  THRESHOLD  MEANS  TWO  THOUSAND  SEVEN  HUNDRED
DOLLARS, PROVIDED, HOWEVER, THAT ON JANUARY FIRST, TWO THOUSAND SIXTEEN,
AND ANNUALLY THEREAFTER,  SUCH  DEREGULATION  RENT  THRESHOLD  SHALL  BE
ADJUSTED  BY  THE  SAME  PERCENTAGE  AS THE MOST RECENT ONE YEAR RENEWAL
ADJUSTMENT ADOPTED BY THE RELEVANT GUIDELINES BOARD.
  S 16-a. Paragraph 5-a of subdivision c of section 26-511 of the admin-
istrative code of the city of New York, as amended by section 7 of  part
B of chapter 97 of the laws of 2011, is amended to read as follows:
  (5-a)  provides  that,  notwithstanding any provision of this chapter,
the legal regulated rent for any vacancy lease entered  into  after  the
effective  date  of  this  paragraph shall be as hereinafter provided in
this paragraph. The previous  legal  regulated  rent  for  such  housing
accommodation  shall  be  increased by the following: (i) if the vacancy
lease is for a term of two years, twenty percent of the  previous  legal
regulated  rent;  or (ii) if the vacancy lease is for a term of one year
the increase shall be twenty percent of  the  previous  legal  regulated
rent  less  an  amount  equal to the difference between (a) the two year
renewal lease guideline promulgated by the guidelines board of the  city
of New York applied to the previous legal regulated rent and (b) the one
year  renewal lease guideline promulgated by the guidelines board of the
city of New York applied to the previous legal regulated rent.  HOWEVER,
WHERE THE AMOUNT CHARGED AND PAID BY THE PRIOR TENANT PURSUANT TO  PARA-
GRAPH  FOURTEEN  OF  THIS SUBDIVISION, WAS LESS THAN THE LEGAL REGULATED
RENT, SUCH INCREASE TO THE LEGAL REGULATED RENT SHALL NOT EXCEED:   FIVE
PERCENT  OF  THE PREVIOUS LEGAL REGULATED RENT IF THE LAST VACANCY LEASE
COMMENCED LESS THAN TWO YEARS AGO; TEN PERCENT  OF  THE  PREVIOUS  LEGAL
REGULATED RENT IF THE LAST VACANCY LEASE COMMENCED LESS THAN THREE YEARS
AGO;  FIFTEEN  PERCENT  OF THE PREVIOUS LEGAL REGULATED RENT IF THE LAST
VACANCY LEASE COMMENCED LESS THAN FOUR YEARS AGO; TWENTY PERCENT OF  THE
PREVIOUS  LEGAL  REGULATED RENT IF THE LAST VACANCY LEASE COMMENCED FOUR
OR MORE YEARS AGO. In addition, if the  legal  regulated  rent  was  not
increased  with  respect  to  such  housing accommodation by a permanent
vacancy allowance within eight years prior to a vacancy  lease  executed
on  or  after  the effective date of this paragraph, the legal regulated
rent may be further increased by an amount equal to the product  result-
ing from multiplying such previous legal regulated rent by six-tenths of
one  percent and further multiplying the amount of rent increase result-
ing therefrom by the greater of (A) the number of years since the  impo-
sition  of  the last permanent vacancy allowance, or (B) if the rent was
not increased by a permanent vacancy allowance since the housing  accom-
modation  became  subject to this chapter, the number of years that such
housing accommodation has been subject to this chapter. Provided that if
the previous legal regulated rent was less than  three  hundred  dollars
the total increase shall be as calculated above plus one hundred dollars
per  month. Provided, further, that if the previous legal regulated rent
was at least three hundred dollars and no more than five hundred dollars
in no event shall the total increase pursuant to this paragraph be  less
than  one  hundred  dollars per month. Such increase shall be in lieu of
any allowance authorized for the one or two year renewal component ther-
eof, but shall be in addition to any other increases authorized pursuant
to this chapter including an  adjustment  based  upon  a  major  capital
improvement, or a substantial modification or increase of dwelling space
or  services,  or  installation  of new equipment or improvements or new
furniture or furnishings provided in or  to  the  housing  accommodation
pursuant  to this section. The increase authorized in this paragraph may

S. 6012                            12                            A. 8323

not be implemented more than one time in  any  calendar  year,  notwith-
standing the number of vacancy leases entered into in such year.
  S 16-b. Subdivision (a-1) of section 10 of section 4 of chapter 576 of
the  laws of 1974 amending the emergency housing rent control law relat-
ing to the control of and stabilization of rent  in  certain  cases,  as
amended  by  section  8  of part B of chapter 97 of the laws of 2011, is
amended to read as follows:
  (a-1) provides that, notwithstanding any provision of  this  act,  the
legal regulated rent for any vacancy lease entered into after the effec-
tive  date  of  this subdivision shall be as hereinafter set forth.  The
previous legal regulated rent for such housing  accommodation  shall  be
increased  by  the  following: (i) if the vacancy lease is for a term of
two years, twenty percent of the previous legal regulated rent; or  (ii)
if  the  vacancy  lease  is for a term of one year the increase shall be
twenty percent of the previous legal regulated rent less an amount equal
to the difference between (a)  the  two  year  renewal  lease  guideline
promulgated  by  the guidelines board of the county in which the housing
accommodation is located applied to the previous  legal  regulated  rent
and  (b)  the one year renewal lease guideline promulgated by the guide-
lines board of the county in which the housing accommodation is  located
applied to the previous legal regulated rent.  HOWEVER, WHERE THE AMOUNT
CHARGED  AND  PAID BY THE PRIOR TENANT PURSUANT TO PARAGRAPH FOURTEEN OF
THIS SUBDIVISION, WAS LESS THAN THE LEGAL REGULATED RENT, SUCH  INCREASE
TO  THE  LEGAL  REGULATED  RENT  SHALL NOT EXCEED:   FIVE PERCENT OF THE
PREVIOUS LEGAL REGULATED RENT IF THE LAST VACANCY LEASE  COMMENCED  LESS
THAN  TWO YEARS AGO; TEN PERCENT OF THE PREVIOUS LEGAL REGULATED RENT IF
THE LAST VACANCY COMMENCED LESS THAN THREE YEARS AGO; FIFTEEN PERCENT OF
THE PREVIOUS LEGAL REGULATED RENT IF THE LAST  VACANCY  LEASE  COMMENCED
LESS THAN FOUR YEARS AGO; TWENTY PERCENT OF THE PREVIOUS LEGAL REGULATED
RENT  IF  THE  LAST  VACANCY  LEASE COMMENCED FOUR OR MORE YEARS AGO. In
addition, if the legal regulated rent was not increased with respect  to
such housing accommodation by a permanent vacancy allowance within eight
years  prior  to a vacancy lease executed on or after the effective date
of this subdivision, the legal regulated rent may be  further  increased
by an amount equal to the product resulting from multiplying such previ-
ous legal regulated rent by six-tenths of one percent and further multi-
plying the amount of rent increase resulting therefrom by the greater of
(A)  the  number  of  years  since  the imposition of the last permanent
vacancy allowance, or (B) if the rent was not increased by  a  permanent
vacancy allowance since the housing accommodation became subject to this
act,  the  number  of  years  that  such  housing accommodation has been
subject to this act. Provided that if the previous legal regulated  rent
was  less  than  three  hundred  dollars  the total increase shall be as
calculated above plus one hundred dollars per month. Provided,  further,
that  if  the  previous  legal regulated rent was at least three hundred
dollars and no more than five hundred dollars  in  no  event  shall  the
total  increase  pursuant  to  this subdivision be less than one hundred
dollars per month. Such increase shall  be  in  lieu  of  any  allowance
authorized  for the one or two year renewal component thereof, but shall
be in addition to any other increases authorized pursuant  to  this  act
including  an  adjustment  based  upon a major capital improvement, or a
substantial modification or increase of dwelling space or  services,  or
installation  of  new  equipment  or  improvements  or  new furniture or
furnishings provided in or to  the  housing  accommodation  pursuant  to
section  six  of this act.   The increase authorized in this subdivision

S. 6012                            13                            A. 8323

may not be implemented more than one time in any calendar year, notwith-
standing the number of vacancy leases entered into in such year.
  S 17. The division of housing and community renewal shall, pursuant to
this  act, promulgate rules and regulations to implement and enforce all
provisions of this act and any law renewed or continued by this act.
  S 18. Section 13 of part A of chapter 97 of the laws of 2011, amending
the general municipal law and the education law, relating to  establish-
ing  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] 2020 and
shall remain in effect thereafter only so long as the  public  emergency
requiring  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  19.  The  opening  paragraph  of  paragraph (a) of subdivision 1 of
section 489 of the real property tax law, as amended by chapter 4 of the
laws of 2013, is amended to read as follows:
  Any city to which the multiple  dwelling  law  is  applicable,  acting
through  its local legislative body or other governing agency, is hereby
authorized and empowered, to and including January first,  two  thousand
[fifteen]  NINETEEN, to adopt and amend local laws or ordinances provid-
ing that any increase in assessed valuation of real  property  shall  be
exempt  from  taxation  for  local  purposes, as provided herein, to the
extent such increase results from:
  S 20. The closing paragraph of subparagraph  6  of  paragraph  (a)  of
subdivision 1 of section 489 of the real property tax law, as amended by
chapter 4 of the laws of 2013, is amended to read as follows:
  Such conversion, alterations or improvements shall be completed within
thirty  months after the date on which same shall be started except that
such thirty month limitation shall not apply to conversions of  residen-
tial  units  which are registered with the loft board in accordance with
article seven-C of the multiple dwelling law  pursuant  to  subparagraph

S. 6012                            14                            A. 8323

one  of  this  paragraph.  Notwithstanding  the foregoing, a sixty month
period for completion shall be available for alterations or improvements
undertaken by a housing development fund company organized  pursuant  to
article eleven of the private housing finance law, which are carried out
with  the  substantial assistance of grants, loans or subsidies from any
federal, state or local governmental agency or instrumentality or  which
are  carried out in a property transferred from such city if alterations
and improvements are completed within seven  years  after  the  date  of
transfer.  In  addition, the local housing agency is hereby empowered to
grant an extension of the period of completion for any  project  carried
out  with  the substantial assistance of grants, loans or subsidies from
any federal, state or local governmental agency or  instrumentality,  if
such  alterations or improvements are completed within sixty months from
commencement of construction. Provided, further, that  such  conversion,
alterations  or  improvements  shall  in any event be completed prior to
June thirtieth, two thousand [fifteen] NINETEEN.  Exemption for  conver-
sions,  alterations  or  improvements pursuant to subparagraph one, two,
three or four of this paragraph shall  continue  for  a  period  not  to
exceed  fourteen  years and begin no sooner than the first quarterly tax
bill immediately following the completion  of  such  conversion,  alter-
ations or improvements. Exemption for alterations or improvements pursu-
ant  to  this  subparagraph or subparagraph five of this paragraph shall
continue for a period not to exceed thirty-four years and shall begin no
sooner than the first  quarterly  tax  bill  immediately  following  the
completion  of such alterations or improvements. Such exemption shall be
equal to the increase in the valuation which is subject to exemption  in
full  or  proportionally under this subdivision for ten or thirty years,
whichever is applicable. After such period of time, the amount  of  such
exempted  assessed  valuation  of  such improvements shall be reduced by
twenty percent in each succeeding year until the assessed value  of  the
improvements  are  fully taxable.   Provided, however, exemption for any
conversion, alterations or improvements which are aided  by  a  loan  or
grant  under  article eight, eight-A, eleven, twelve, fifteen or twenty-
two of the private housing finance law, section six hundred ninety-six-a
or section ninety-nine-h of the general municipal law, or section  three
hundred  twelve  of  the  housing act of nineteen hundred sixty-four (42
U.S.C.A. 1452b), or the Cranston-Gonzalez  national  affordable  housing
act (42 U.S.C.A. 12701 et.  seq.), or started after July first, nineteen
hundred  eighty-three  by  a  housing development fund company organized
pursuant to article eleven of the private housing finance law which  are
carried  out  with the substantial assistance of grants, loans or subsi-
dies from any federal, state or local governmental agency or  instrumen-
tality  or which are carried out in a property transferred from any city
and where alterations and improvements are completed within seven  years
after  the  date  of  transfer  may commence at the beginning of any tax
quarter subsequent to the  start  of  such  conversion,  alterations  or
improvements and prior to the completion of such conversion, alterations
or improvements.
  S  21.  Subdivision (h) of section 27 of chapter 4 of the laws of 2013
amending the real property tax law and other laws  relating  to  interim
multiple dwellings in a city with a population of one million or more is
amended to read as follows:
  (h)  sections  twenty-one,  twenty-two,  twenty-three  and twenty-four
shall expire and be deemed repealed on June 30, [2015] 2019.
  S 22. Section 282-a of the multiple dwelling law, as amended by  chap-
ter 159 of the laws of 2011, is amended to read as follows:

S. 6012                            15                            A. 8323

  S  282-a.  [Limitation  on  applications] APPLICATIONS for coverage of
interim multiple dwellings and residential units.  1.  All  applications
for  registration  as  an  interim  multiple dwelling or for coverage of
residential units under this article shall be filed with the loft  board
within  six  months after the date the loft board shall have adopted all
rules or regulations necessary in order to implement the  provisions  of
chapter  one  hundred  forty-seven  of  the  laws  of  two thousand ten,
PROVIDED, HOWEVER, THAT APPLICATIONS  FOR  REGISTRATION  AS  AN  INTERIM
MULTIPLE  DWELLING OR FOR COVERAGE OF RESIDENTIAL UNITS UNDER THIS ARTI-
CLE MAY ALSO BE FILED FOR A TWO-YEAR PERIOD STARTING FROM THE  EFFECTIVE
DATE  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH AMENDED
THIS SECTION.   The loft board may subsequently  amend  such  rules  and
regulations  but such amendments shall not recommence the time period in
which applications may be filed.  [Notwithstanding any  other  provision
of  this  article, after such date no further applications for registra-
tion or coverage as an interim multiple dwelling or for  coverage  under
this article shall be accepted for owners or occupants of buildings that
would  otherwise  qualify  as interim multiple dwellings or for coverage
pursuant to this article.]
  2. Where any occupant has filed an application for  coverage  pursuant
to this article and has received a docket number from the loft board, it
shall be unlawful for an owner to cause or intend to cause such occupant
to  vacate, surrender or waive any rights in relation to such occupancy,
due to repeated interruptions or discontinuances of essential  services,
or  an  interruption  or  discontinuance  of an essential service for an
extended duration or of such significance  as  to  substantially  impair
habitability  of such unit, at any time before the loft board has made a
final determination, including appeals, to approve or deny such applica-
tion. This [subdivision] SECTION shall not grant any rights of continued
occupancy other than those otherwise granted by law. Any agreement  that
waives  or  limits  the  benefits of this [subdivision] SECTION shall be
deemed void as against public policy. In addition to any other  remedies
provided  in  this  article  for failure to be in compliance, in article
eight of this chapter, or in the regulations  promulgated  by  the  loft
board,  an occupant who has filed an application with the loft board for
coverage under this article may[, no later than thirty-six months  after
the  loft board shall have adopted rules and regulations as set forth in
subdivision one of this section,] commence an action or proceeding in  a
court   of  competent  jurisdiction,  which  notwithstanding  any  other
provision of law shall include the housing part of  the  New  York  city
civil court, to enforce the provisions of this [subdivision] SECTION.
  S 22-a. Paragraph (vi) of subdivision 1 of section 284 of the multiple
dwelling law, as amended by chapter 4 of the laws of 2013, is amended to
read as follows:
  (vi)  Notwithstanding  the provisions of paragraphs (i) through (v) of
this subdivision the owner of an interim multiple dwelling made  subject
to this article by subdivision five of section two hundred eighty-one of
this  article  (A)  shall  file  an  alteration application [within nine
months from the effective date of the chapter of the laws of  two  thou-
sand   ten   which   amended  this  subparagraph]  ON  OR  BEFORE  MARCH
TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became subject  to
this  article pursuant to [the] chapter FOUR of the laws of two thousand
thirteen [which amended  this  paragraph,  within  nine  months  of  the
promulgation  of all necessary rules and regulations pursuant to section
two hundred eighty-two-a of this article] ON OR  BEFORE  JUNE  ELEVENTH,
TWO  THOUSAND  FOURTEEN,  OR,  FOR UNITS IN AN INTERIM MULTIPLE DWELLING

S. 6012                            16                            A. 8323

THAT WERE LISTED ON AN APPLICATION FOR COVERAGE  OR  REGISTRATION  FILED
WITH  THE  LOFT  BOARD  PURSUANT  TO THIS ARTICLE OR IN A COURT PLEADING
AFTER MARCH ELEVENTH, TWO  THOUSAND  FOURTEEN,  WITHIN  NINE  MONTHS  OF
EITHER  THE  DATE OF THE INITIAL APPLICATION FOR COVERAGE OR THE DATE OF
THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR  THE
DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER, and (B) shall
take  all  reasonable  and necessary action to obtain an approved alter-
ation permit [within twelve months  from  such  effective  date]  ON  OR
BEFORE JUNE TWENTY-FIRST, TWO THOUSAND ELEVEN, or, for units that became
subject  to  this  article pursuant to [the] chapter FOUR of the laws of
two thousand thirteen  [which  amended  this  paragraph,  within  twelve
months of the promulgation of all necessary rules and regulations pursu-
ant  to  section  two hundred eighty-two-a of this article] ON OR BEFORE
SEPTEMBER ELEVENTH, TWO THOUSAND FOURTEEN, OR, FOR UNITS IN  AN  INTERIM
MULTIPLE  DWELLING  THAT  WERE  LISTED ON AN APPLICATION FOR COVERAGE OR
REGISTRATION FILED WITH THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN  A
COURT  PLEADING  AFTER  MARCH  ELEVENTH,  TWO  THOUSAND FOURTEEN, WITHIN
TWELVE MONTHS OF EITHER THE DATE OF THE INITIAL APPLICATION FOR COVERAGE
OR THE DATE OF THE LOFT BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING
NUMBER OR THE DATE OF THE SERVICE OF THE PLEADING, WHICHEVER IS EARLIER,
and (C) shall achieve compliance with the standards of safety  and  fire
protection set forth in article seven-B of this chapter for the residen-
tial portions of the building within eighteen months from obtaining such
alteration  permit,  and  (D)  shall  take  all reasonable and necessary
action to obtain a certificate of occupancy as a class A multiple dwell-
ing for the residential portions of the building  or  structure  [within
thirty   months   from  such  effective  date]  ON  OR  BEFORE  DECEMBER
TWENTY-FIRST, TWO THOUSAND TWELVE, or for units that became  subject  to
this  article pursuant to [the] chapter FOUR of the laws of two thousand
thirteen [which amended this  paragraph  within  thirty  months  of  the
promulgation  of all necessary rules and regulations pursuant to section
two hundred eighty-two-a of this article] ON OR BEFORE  MARCH  ELEVENTH,
TWO THOUSAND SIXTEEN, OR, FOR UNITS IN AN INTERIM MULTIPLE DWELLING THAT
WERE  LISTED  ON  AN APPLICATION FOR COVERAGE OR REGISTRATION FILED WITH
THE LOFT BOARD PURSUANT TO THIS ARTICLE OR IN  A  COURT  PLEADING  AFTER
MARCH ELEVENTH, TWO THOUSAND SIXTEEN, WITHIN THIRTY MONTHS OF EITHER THE
DATE  OF  THE  INITIAL  APPLICATION FOR COVERAGE OR THE DATE OF THE LOFT
BOARD'S ISSUANCE OF AN INTERIM MULTIPLE DWELLING NUMBER OR THE  DATE  OF
THE  SERVICE  OF THE PLEADING, WHICHEVER IS EARLIER. The loft board may,
upon good cause shown, and upon proof of compliance with  the  standards
of safety and fire protection set forth in article seven-B of this chap-
ter,  twice extend the time of compliance with the requirement to obtain
a residential certificate of occupancy for periods not to exceed  twelve
months each.
  S  23.  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 administra-
tive  order  after hearing, a civil penalty for any such violation. Such

S. 6012                            17                            A. 8323

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  24.  Paragraph 2 of subdivision c of section 26-516 of the adminis-
trative 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:
  (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 25. 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  26.  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

S. 6012                            18                            A. 8323

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  27. 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 accommodation, the commissioner  may  impose  by  administrative
order after hearing, a civil penalty for any such violation. Such penal-
ty  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  28.  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  29.  Paragraph 6 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by chapter 116  of  the
laws of 1997, is amended to read as follows:
  (6)  provides  criteria whereby the commissioner may act upon applica-
tions by owners for increases in  excess  of  the  level  of  fair  rent
increase  established under this law provided, however, that such crite-
ria shall provide (a) as to hardship applications, for  a  finding  that
the level of fair rent increase is not sufficient to enable the owner to
maintain  approximately  the same average annual net income (which shall
be computed without regard to debt service, financing costs  or  manage-
ment  fees)  for the three year period ending on or within six months of

S. 6012                            19                            A. 8323

the date of an application pursuant to such criteria  as  compared  with
annual  net income, which prevailed on the average over the period nine-
teen hundred sixty-eight through nineteen hundred seventy,  or  for  the
first three years of operation if the building was completed since nine-
teen  hundred  sixty-eight  or  for the first three fiscal years after a
transfer of title to a new owner provided the new owner can establish to
the satisfaction of the commissioner that he or she  acquired  title  to
the  building as a result of a bona fide sale of the entire building and
that the new owner is unable to obtain requisite records for the  fiscal
years  nineteen  hundred  sixty-eight  through  nineteen hundred seventy
despite diligent efforts to obtain same from predecessors in  title  and
further  provided that the new owner can provide financial data covering
a minimum of six years under his or  her  continuous  and  uninterrupted
operation  of  the building to meet the three year to three year compar-
ative test periods herein provided; and (b) as  to  completed  building-
wide  major  capital  improvements, for a finding that such improvements
are deemed depreciable under the Internal Revenue Code and that the cost
is to be amortized over [a seven-year] AN EIGHT-YEAR period FOR A BUILD-
ING WITH THIRTY-FIVE OR FEWER HOUSING  ACCOMMODATIONS,  OR  A  NINE-YEAR
PERIOD FOR A BUILDING WITH MORE THAN THIRTY-FIVE HOUSING ACCOMMODATIONS,
FOR  ANY  DETERMINATION  ISSUED BY THE DIVISION OF HOUSING AND COMMUNITY
RENEWAL AFTER THE EFFECTIVE DATE OF THE RENT ACT  OF  2015,  based  upon
cash  purchase price exclusive of interest or service charges.  Notwith-
standing anything to the contrary contained herein, no hardship increase
granted pursuant to this paragraph shall, when added to the annual gross
rents, as determined by the commissioner, exceed the  sum  of,  (i)  the
annual  operating expenses, (ii) an allowance for management services as
determined by  the  commissioner,  (iii)  actual  annual  mortgage  debt
service  (interest  and  amortization)  on its indebtedness to a lending
institution, an insurance company, a retirement  fund  or  welfare  fund
which is operated under the supervision of the banking or insurance laws
of  the  state of New York or the United States, and (iv) eight and one-
half percent of that portion of the fair market value  of  the  property
which  exceeds  the unpaid principal amount of the mortgage indebtedness
referred to in subparagraph (iii) of this paragraph. Fair  market  value
for  the  purposes of this paragraph shall be six times the annual gross
rent. The collection of any increase in  the  stabilized  rent  for  any
apartment pursuant to this paragraph shall not exceed six percent in any
year from the effective date of the order granting the increase over the
rent  set  forth  in the schedule of gross rents, with collectability of
any dollar excess above said sum to be spread forward in similar  incre-
ments  and  added to the stabilized rent as established or set in future
years;
  S 30. Paragraph 3 of subdivision d of section 6 of section 4 of  chap-
ter  576  of  the  laws  of  1974,  constituting  the  emergency  tenant
protection act, as amended by chapter  749  of  the  laws  of  1990,  is
amended to read as follows:
  (3)  there has been since January first, nineteen hundred seventy-four
a major capital improvement required for the operation, preservation  or
maintenance  of  the structure. An adjustment under this paragraph shall
be in an amount sufficient to amortize  the  cost  of  the  improvements
pursuant  to this paragraph over [a seven-year] AN EIGHT-YEAR period FOR
A BUILDING WITH THIRTY-FIVE OR FEWER HOUSING ACCOMMODATIONS, OR A  NINE-
YEAR  PERIOD  FOR A BUILDING WITH MORE THAN THIRTY-FIVE HOUSING ACCOMMO-
DATIONS, FOR ANY DETERMINATION ISSUED BY THE  DIVISION  OF  HOUSING  AND
COMMUNITY RENEWAL AFTER THE EFFECTIVE DATE OF THE RENT ACT OF 2015, or

S. 6012                            20                            A. 8323

  S  31.  Subparagraph  (g)  of  paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
chapter 749 of the laws of 1990, is amended to read as follows:
  (g) There has been since July first, nineteen hundred seventy, a major
capital  improvement required for the operation, preservation or mainte-
nance of the structure. An adjustment under this  subparagraph  (g)  FOR
ANY  ORDER  OF  THE  COMMISSIONER ISSUED AFTER THE EFFECTIVE DATE OF THE
RENT ACT OF 2015 shall be in an amount sufficient to amortize  the  cost
of  the  improvements  pursuant  to this subparagraph (g) over [a seven-
year] AN EIGHT-YEAR period FOR BUILDINGS WITH THIRTY-FIVE OR FEWER UNITS
OR A NINE YEAR PERIOD FOR BUILDINGS WITH MORE THAN THIRY-FIVE UNITS, or
  S 32. Subparagraph 7 of the second undesignated paragraph of paragraph
(a) of subdivision 4 of section 4 of chapter 274 of the  laws  of  1946,
constituting  the  emergency  housing  rent  control  law, as amended by
section 25 of part B of chapter 97 of the laws of 2011,  is  amended  to
read as follows:
  (7)  there has been since March first, nineteen hundred fifty, a major
capital improvement required for the operation, preservation or  mainte-
nance  of  the structure; WHICH FOR ANY ORDER OF THE COMMISSIONER ISSUED
AFTER THE EFFECTIVE DATE OF THE RENT  ACT  OF  2015  THE  COST  OF  SUCH
IMPROVEMENT  SHALL  BE AMORTIZED OVER AN EIGHT-YEAR PERIOD FOR BUILDINGS
WITH THIRTY-FIVE OR FEWER UNITS OR A NINE YEAR PERIOD FOR BUILDINGS WITH
MORE THAN THIRY-FIVE UNITS, or
  S 33. Subparagraph (A) of paragraph 7 of subdivision (ee)  of  section
1115  of the tax law, as amended by section 1 of subpart A of part GG of
chapter 59 of the laws of 2014, is amended to read as follows:
  (A) "Tenant" means a person who, as lessee, enters into a space  lease
with  a  landlord for a term of ten years or more commencing on or after
September first, two thousand five, but not later than, in the case of a
space lease with respect to leased premises located in eligible areas as
defined in clause (i) of subparagraph (D) of this  paragraph,  September
first,  two  thousand  [fifteen]  SEVENTEEN  and, in the case of a space
lease with respect to leased  premises  located  in  eligible  areas  as
defined  in  clause (ii) of subparagraph (D) of this paragraph not later
than September first, two thousand [seventeen] NINETEEN, of premises for
use as commercial office space in buildings located or to be located  in
the  eligible areas. A person who currently occupies premises for use as
commercial office space under an existing lease in  a  building  in  the
eligible  areas  shall not be eligible for exemption under this subdivi-
sion unless such existing lease, in the  case  of  a  space  lease  with
respect  to  leased  premises  located  in  eligible areas as defined in
clause (i) of subparagraph (D) of this paragraph  expires  according  to
its  terms  before  September first, two thousand [fifteen] SEVENTEEN or
such existing lease, in the case of a space lease with respect to leased
premises located in eligible areas as defined in clause (ii) of subpara-
graph (D) of this paragraph and such person enters into a  space  lease,
for  a term of ten years or more commencing on or after September first,
two thousand five, of premises for use as commercial office space  in  a
building  located  or to be located in the eligible areas, provided that
such space lease with respect to leased  premises  located  in  eligible
areas  as  defined  in  clause (i) of subparagraph (D) of this paragraph
commences no later than September first, two thousand  [fifteen]  SEVEN-
TEEN, and provided that such space lease with respect to leased premises
located  in eligible areas as defined in clause (ii) of subparagraph (D)
of this paragraph commences no later than September first, two  thousand
[seventeen]  NINETEEN and provided, further, that such space lease shall

S. 6012                            21                            A. 8323

expire no earlier than ten years after the expiration  of  the  original
lease.
  S  34.  Section  2 of part C of chapter 2 of the laws of 2005 amending
the tax law relating to exemptions from sales and use taxes, as  amended
by  section 2 of subpart A of part GG of chapter 59 of the laws of 2014,
is amended to read as follows:
  S 2. This act shall take effect September 1, 2005 and shall expire and
be deemed repealed on December 1, [2018] 2020, and shall apply to  sales
made,  uses  occurring  and services rendered on or after such effective
date, in accordance  with  the  applicable  transitional  provisions  of
sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
tax law, as added by section one of this act, shall expire and be deemed
repealed December 1, [2016] 2018.
  S  35.  Subdivision  (b)  of  section 25-z of the general city law, as
amended by section 1 of subpart D of part GG of chapter 59 of  the  laws
of 2014, is amended to read as follows:
  (b) No eligible business shall be authorized to receive a credit under
any  local  law enacted pursuant to this article until the premises with
respect to which it is claiming the credit meet the requirements in  the
definition  of  eligible  premises  and  until it has obtained a certif-
ication of eligibility from the mayor of such city or an  agency  desig-
nated  by  such mayor, and an annual certification from such mayor or an
agency designated by such mayor as to the number of  eligible  aggregate
employment  shares maintained by such eligible business that may qualify
for obtaining a tax credit for the eligible business' taxable year.  Any
written documentation submitted to such mayor or such agency or agencies
in  order  to  obtain  any  such certification shall be deemed a written
instrument for purposes of section 175.00 of the penal law.  Such  local
law  may  provide for application fees to be determined by such mayor or
such agency or agencies. No such certification of eligibility  shall  be
issued under any local law enacted pursuant to this article to an eligi-
ble  business  on  or after July first, two thousand [fifteen] SEVENTEEN
unless:
  (1) prior to such date such business has purchased, leased or  entered
into  a contract to purchase or lease particular premises or a parcel on
which will be constructed such premises or already owned  such  premises
or parcel;
  (2)  prior to such date improvements have been commenced on such prem-
ises or parcel, which improvements will meet the requirements of  subdi-
vision (e) of section twenty-five-y of this article relating to expendi-
tures for improvements;
  (3) prior to such date such business submits a preliminary application
for a certification of eligibility to such mayor or such agency or agen-
cies  with respect to a proposed relocation to such particular premises;
and
  (4) such business relocates to such particular premises not later than
thirty-six months or, in a case in which the expenditures made  for  the
improvements  specified  in  paragraph  two  of  this subdivision are in
excess of fifty million dollars within seventy-two months from the  date
of submission of such preliminary application.
  S  36.  Subdivision  (b)  of section 25-ee of the general city law, as
amended by section 2 of subpart D of part GG of chapter 59 of  the  laws
of 2014, is amended to read as follows:
  (b) No eligible business or special eligible business shall be author-
ized  to receive a credit against tax under any local law enacted pursu-

S. 6012                            22                            A. 8323

ant to this article until the premises  with  respect  to  which  it  is
claiming  the credit meet the requirements in the definition of eligible
premises and until it has obtained a certification of  eligibility  from
the  mayor  of  such city or any agency designated by such mayor, and an
annual certification from such mayor or an  agency  designated  by  such
mayor  as  to  the  number of eligible aggregate employment shares main-
tained by such eligible business or such special eligible business  that
may  qualify for obtaining a tax credit for the eligible business' taxa-
ble year. No special eligible business shall be authorized to receive  a
credit  against  tax  under  the  provisions  of this article unless the
number of relocated employee base shares calculated pursuant to subdivi-
sion (o) of section twenty-five-dd of this article is equal to or great-
er than the lesser of twenty-five percent of the number of New York city
base shares calculated pursuant to subdivision (p) of such  section  and
two hundred fifty employment shares. Any written documentation submitted
to  such  mayor  or  such agency or agencies in order to obtain any such
certification shall be deemed  a  written  instrument  for  purposes  of
section 175.00 of the penal law. Such local law may provide for applica-
tion  fees to be determined by such mayor or such agency or agencies. No
certification of eligibility shall be issued under any local law enacted
pursuant to this article to an eligible business on or after July first,
two thousand [fifteen] SEVENTEEN unless:
  (1) prior to such date such business has purchased, leased or  entered
into  a  contract  to  purchase  or lease premises in the eligible Lower
Manhattan area or a parcel on which will be constructed such premises;
  (2) prior to such date improvements have been commenced on such  prem-
ises  or parcel, which improvements will meet the requirements of subdi-
vision (e) of section twenty-five-dd of this article relating to expend-
itures for improvements;
  (3) prior to such date such business submits a preliminary application
for a certification of eligibility to such mayor or such agency or agen-
cies with respect to a proposed relocation to such premises; and
  (4) such business relocates to such premises as provided  in  subdivi-
sion  (j) of section twenty-five-dd of this article not later than thir-
ty-six months or, in a case in  which  the  expenditures  made  for  the
improvements  specified  in  paragraph  two  of  this subdivision are in
excess of fifty million dollars within seventy-two months from the  date
of submission of such preliminary application.
  S  37. Subdivision (b) of section 22-622 of the administrative code of
the city of New York, as amended by section 3 of subpart D of part GG of
chapter 59 of the laws of 2014, is amended to read as follows:
  (b) No eligible business shall  be  authorized  to  receive  a  credit
against  tax  or  a  reduction  in  base  rent  subject to tax under the
provisions of this chapter, and of title eleven of the code as described
in subdivision (a) of this section, until the premises with  respect  to
which  it is claiming the credit meet the requirements in the definition
of eligible premises and until it has obtained a certification of eligi-
bility from the mayor or an agency designated by the mayor, and an annu-
al certification from the mayor or an agency designated by the mayor  as
to the number of eligible aggregate employment shares maintained by such
eligible  business  that  may qualify for obtaining a tax credit for the
eligible business' taxable year. Any written documentation submitted  to
the mayor or such agency or agencies in order to obtain any such certif-
ication  shall  be  deemed  a written instrument for purposes of section
175.00 of the penal law. Application fees for such certifications  shall
be  determined by the mayor or such agency or agencies. No certification

S. 6012                            23                            A. 8323

of eligibility shall be issued to an eligible business on or after  July
first, two thousand [fifteen] SEVENTEEN unless:
  (1)  prior to such date such business has purchased, leased or entered
into a contract to purchase or lease particular premises or a parcel  on
which  will  be constructed such premises or already owned such premises
or parcel;
  (2) prior to such date improvements have been commenced on such  prem-
ises or parcel which improvements will meet the requirements of subdivi-
sion  (e) of section 22-621 of this chapter relating to expenditures for
improvements;
  (3) prior to such date such business submits a preliminary application
for a certification of eligibility to such mayor or such agency or agen-
cies with respect to a proposed relocation to such particular  premises;
and
  (4) such business relocates to such particular premises not later than
thirty-six  months  or,  in  a  case  in which the expenditures made for
improvements specified in paragraph  two  of  this  subdivision  are  in
excess  of fifty million dollars within seventy-two months from the date
of submission of such preliminary application.
  S 38. Subdivision (b) of section 22-624 of the administrative code  of
the city of New York, as amended by section 4 of subpart D of part GG of
chapter 59 of the laws of 2014, is amended to read as follows:
  (b) No eligible business or special eligible business shall be author-
ized  to receive a credit against tax under the provisions of this chap-
ter, and of title eleven of the code as described in subdivision (a)  of
this  section,  until  the premises with respect to which it is claiming
the credit meet the requirements in the definition of eligible  premises
and  until it has obtained a certification of eligibility from the mayor
or an agency designated by the mayor, and an annual  certification  from
the  mayor  or  an  agency  designated  by the mayor as to the number of
eligible aggregate employment shares maintained by such  eligible  busi-
ness  or  special eligible business that may qualify for obtaining a tax
credit for the eligible business'  taxable  year.  No  special  eligible
business  shall  be authorized to receive a credit against tax under the
provisions of this chapter and of title eleven of the  code  unless  the
number of relocated employee base shares calculated pursuant to subdivi-
sion  (o)  of section 22-623 of this chapter is equal to or greater than
the lesser of twenty-five percent of the number of New  York  city  base
shares  calculated  pursuant  to subdivision (p) of such section 22-623,
and two hundred  fifty  employment  shares.  Any  written  documentation
submitted to the mayor or such agency or agencies in order to obtain any
such  certification shall be deemed a written instrument for purposes of
section 175.00 of the penal  law.  Application  fees  for  such  certif-
ications shall be determined by the mayor or such agency or agencies. No
certification  of eligibility shall be issued to an eligible business on
or after July first, two thousand [fifteen] SEVENTEEN unless:
  (1) prior to such date such business has purchased, leased or  entered
into  a  contract  to  purchase  or lease premises in the eligible Lower
Manhattan area or a parcel on which will be constructed such premises;
  (2) prior to such date improvements have been commenced on such  prem-
ises  or parcel, which improvements will meet the requirements of subdi-
vision (e) of section 22-623 of this chapter  relating  to  expenditures
for improvements;
  (3) prior to such date such business submits a preliminary application
for a certification of eligibility to such mayor or such agency or agen-
cies with respect to a proposed relocation to such premises; and

S. 6012                            24                            A. 8323

  (4) such business relocates to such premises not later than thirty-six
months or, in a case in which the expenditures made for the improvements
specified  in  paragraph  two of this subdivision are in excess of fifty
million dollars within seventy-two months from the date of submission of
such preliminary application.
  S  39.  Paragraph  1 of subdivision (b) of section 25-s of the general
city law, as amended by section 1 of subpart E of part GG of chapter  59
of the laws of 2014, is amended to read as follows:
  (1)  non-residential  premises  that  are wholly contained in property
that is eligible to obtain benefits under title two-D or two-F of  arti-
cle  four  of the real property tax law, or would be eligible to receive
benefits under such article except that such  property  is  exempt  from
real property taxation and the requirements of paragraph (b) of subdivi-
sion seven of section four hundred eighty-nine-dddd of such title two-D,
or the requirements of subparagraph (ii) of paragraph (b) of subdivision
five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, have not been satisfied, provided that applica-
tion for such benefits was made after May third, nineteen hundred eight-
y-five and prior to July first, two thousand [fifteen]  SEVENTEEN,  that
construction or renovation of such premises was described in such appli-
cation,  that  such  premises  have  been substantially improved by such
construction or renovation  so  described,  that  the  minimum  required
expenditure as defined in such title two-D or two-F, whichever is appli-
cable,  has  been  made,  and  that  such real property is located in an
eligible area; or
  S 40. Paragraph 3 of subdivision (b) of section 25-s  of  the  general
city  law, as amended by section 2 of subpart E of part GG of chapter 59
of the laws of 2014, is amended to read as follows:
  (3) non-residential premises that are wholly contained in real proper-
ty that has obtained approval after October thirty-first,  two  thousand
and  prior to July first, two thousand [fifteen] SEVENTEEN for financing
by an industrial development  agency  established  pursuant  to  article
eighteen-A  of  the  general municipal law, provided that such financing
has been used in whole or in part to substantially improve such premises
(by construction or renovation), and that expenditures  have  been  made
for  improvements  to  such real property in excess of ten per centum of
the value at which such real property was assessed for tax purposes  for
the  tax  year  in which such improvements commenced, that such expendi-
tures have been made within thirty-six months after the earlier  of  (i)
the  issuance  by  such  agency of bonds for such financing, or (ii) the
conveyance of title to such property to such agency, and that such  real
property is located in an eligible area; or
  S  41.  Paragraph  5 of subdivision (b) of section 25-s of the general
city law, as amended by section 3 of subpart E of part GG of chapter  59
of the laws of 2014, is amended to read as follows:
  (5) non-residential premises that are wholly contained in real proper-
ty  owned  by  such  city or the New York state urban development corpo-
ration, or a subsidiary thereof, a  lease  for  which  was  approved  in
accordance with the applicable provisions of the charter of such city or
by  the  board  of  directors of such corporation, and such approval was
obtained after October thirty-first, two  thousand  and  prior  to  July
first,  two  thousand  [fifteen] SEVENTEEN, provided, however, that such
premises were constructed or renovated subsequent to such approval, that
expenditures have been made subsequent to such approval for improvements
to such real property (by construction or renovation) in excess  of  ten
per centum of the value at which such real property was assessed for tax

S. 6012                            25                            A. 8323

purposes  for  the  tax  year in which such improvements commenced, that
such expenditures have been made  within  thirty-six  months  after  the
effective  date of such lease, and that such real property is located in
an eligible area; or
  S  42.  Paragraph  2 of subdivision (c) of section 25-t of the general
city law, as amended by section 4 of subpart E of part GG of chapter  59
of the laws of 2014, is amended to read as follows:
  (2)  No  eligible energy user, qualified eligible energy user, on-site
cogenerator, or clean on-site cogenerator shall receive a rebate  pursu-
ant  to  this  article  until  it  has obtained a certification from the
appropriate city agency in accordance with a local law enacted  pursuant
to  this  section. No such certification for a qualified eligible energy
user shall be issued on or after November first, two thousand.  No  such
certification of any other eligible energy user, on-site cogenerator, or
clean  on-site  cogenerator  shall be issued on or after July first, two
thousand [fifteen] SEVENTEEN.
  S 43. Paragraph 1 of subdivision (a) of section 25-aa of  the  general
city  law, as amended by section 5 of subpart E of part GG of chapter 59
of the laws of 2014, is amended to read as follows:
  (1) is eligible to obtain benefits under title two-D or two-F of arti-
cle four of the real property tax law, or would be eligible  to  receive
benefits  under such title except that such property is exempt from real
property taxation and the requirements of paragraph (b)  of  subdivision
seven  of  section four hundred eighty-nine-dddd of such title two-D, or
the requirements of subparagraph (ii) of paragraph  (b)  of  subdivision
five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
whichever is applicable, of the real property  tax  law  have  not  been
satisfied,  provided  that  application for such benefits was made after
the thirtieth day of June, nineteen hundred ninety-five and  before  the
first  day  of July, two thousand [fifteen] SEVENTEEN, that construction
or renovation of such building or structure was described in such appli-
cation, that such building or structure has been substantially  improved
by  such  construction  or renovation, and (i) that the minimum required
expenditure as defined in such title has been made, or (ii) where  there
is   no  applicable  minimum  required  expenditure,  the  building  was
constructed within such period or periods of time established  by  title
two-D  or  two-F,  whichever  is applicable, of article four of the real
property tax law for construction of a new building or structure; or
  S 44. Paragraphs 2 and 3 of subdivision (a) of section  25-aa  of  the
general  city  law,  as  amended by section 6 of subpart E of part GG of
chapter 59 of the laws of 2014, are amended to read as follows:
  (2) has obtained approval after the thirtieth day  of  June,  nineteen
hundred  ninety-five  and  before  the  first  day of July, two thousand
[fifteen] SEVENTEEN, for financing by an industrial  development  agency
established pursuant to article eighteen-A of the general municipal law,
provided  that  such  financing  has  been  used  in whole or in part to
substantially improve such building  or  structure  by  construction  or
renovation,  that  expenditures  have been made for improvements to such
real property in excess of twenty per centum of the value at which  such
real  property  was  assessed for tax purposes for the tax year in which
such improvements commenced, and that such expenditures have  been  made
within  thirty-six  months after the earlier of (i) the issuance by such
agency of bonds for such financing, or (ii) the conveyance of  title  to
such building or structure to such agency; or
  (3)  is  owned  by  the  city  of New York or the New York state urban
development corporation, or a subsidiary corporation  thereof,  a  lease

S. 6012                            26                            A. 8323

for  which  was approved in accordance with the applicable provisions of
the charter of such city or by the board of  directors  of  such  corpo-
ration,  as  the  case  may be, and such approval was obtained after the
thirtieth day of June, nineteen hundred ninety-five and before the first
day  of  July,  two thousand [fifteen] SEVENTEEN, provided that expendi-
tures have been made for improvements to such real property in excess of
twenty per centum of the value at which such real property was  assessed
for  tax purposes for the tax year in which such improvements commenced,
and that such expenditures have been made within thirty-six months after
the effective date of such lease; or
  S 45. Subdivision (f) of section 25-bb of the  general  city  law,  as
amended  by  section 7 of subpart E of part GG of chapter 59 of the laws
of 2014, is amended to read as follows:
  (f) Application and certification. An owner or lessee of a building or
structure located in an eligible revitalization area,  or  an  agent  of
such  owner  or  lessee,  may apply to such department of small business
services for certification that such building or structure is an  eligi-
ble  building  or  targeted  eligible  building  meeting the criteria of
subdivision (a) or  (q)  of  section  twenty-five-aa  of  this  article.
Application for such certification must be filed after the thirtieth day
of  June,  nineteen  hundred ninety-five and before a building permit is
issued for the construction or renovation required by such  subdivisions
and  before  the  first  day  of July, two thousand [fifteen] SEVENTEEN,
provided that no certification for a targeted eligible building shall be
issued after October thirty-first, two thousand. Such application  shall
identify expenditures to be made that will affect eligibility under such
subdivision  (a) or (q). Upon completion of such expenditures, an appli-
cant shall supplement such application to provide information (i) estab-
lishing that the criteria of such subdivision (a) or (q) have been  met;
(ii) establishing a basis for determining the amount of special rebates,
including a basis for an allocation of the special rebate among eligible
revitalization area energy users purchasing or otherwise receiving ener-
gy  services  from  an  eligible  redistributor of energy or a qualified
eligible redistributor of energy; and (iii) supporting an allocation  of
charges  for energy services between eligible charges and other charges.
Such department shall certify a building or  structure  as  an  eligible
building  or targeted eligible building after receipt and review of such
information and upon a determination that such  information  establishes
that  the  building  or  structure  qualifies as an eligible building or
targeted eligible building. Such  department  shall  mail  such  certif-
ication  or  notice thereof to the applicant upon issuance. Such certif-
ication shall remain in effect provided the  eligible  redistributor  of
energy or qualified eligible redistributor of energy reports any changes
that  materially affect the amount of the special rebates to which it is
entitled or the amount of reduction required by subdivision (c) of  this
section  in  an  energy services bill of an eligible revitalization area
energy user and otherwise complies with the requirements of  this  arti-
cle.  Such department shall notify the private utility or public utility
service required to make a special rebate to such redistributor  of  the
amount  of  such special rebate established at the time of certification
and any changes in such amount and any suspension or termination by such
department of certification under this subdivision. Such department  may
require  some  or all of the information required as part of an applica-
tion or other report be provided by a licensed engineer.
  S 46. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 8 of subpart

S. 6012                            27                            A. 8323

E of part GG of chapter 59 of the laws of 2014, is amended  to  read  as
follows:
  (1)  Non-residential  premises  that  are wholly contained in property
that is eligible to obtain benefits under part  four  or  part  five  of
subchapter  two of chapter two of title eleven of this code, or would be
eligible to receive benefits under such chapter except that such proper-
ty is exempt from real property taxation and the requirements  of  para-
graph  two  of  subdivision  g  of  section  11-259 of this code, or the
requirements of subparagraph (b) of paragraph two of  subdivision  e  of
section  11-270  of  this  code,  whichever is applicable, have not been
satisfied, provided that application for such benefits  was  made  after
May  third,  nineteen  hundred  eighty-five and prior to July first, two
thousand [fifteen] SEVENTEEN, that construction or  renovation  of  such
premises was described in such application, that such premises have been
substantially  improved by such construction or renovation so described,
that the minimum required expenditure as defined in such  part  four  or
part  five,  whichever  is applicable, has been made, and that such real
property is located in an eligible area; or
  S 47. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New York, as amended by section 9 of subpart
E of part GG of chapter 59 of the laws of 2014, is amended  to  read  as
follows:
  (3) non-residential premises that are wholly contained in real proper-
ty  that  has obtained approval after October thirty-first, two thousand
and prior to July first, two thousand [fifteen] SEVENTEEN for  financing
by  an  industrial  development  agency  established pursuant to article
eighteen-A of the general municipal law, provided  that  such  financing
has been used in whole or in part to substantially improve such premises
(by  construction  or  renovation), and that expenditures have been made
for improvements to such real property in excess of ten  per  centum  of
the  value at which such real property was assessed for tax purposes for
the tax year in which such improvements commenced,  that  such  expendi-
tures  have  been made within thirty-six months after the earlier of (i)
the issuance by such agency of bonds for such  financing,  or  (ii)  the
conveyance  of title to such property to such agency, and that such real
property is located in an eligible area; or
  S 48. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
trative code of the city of New  York,  as  amended  by  section  10  of
subpart  E  of  part GG of chapter 59 of the laws of 2014, is amended to
read as follows:
  (5) non-residential premises that are wholly contained in real proper-
ty owned by such city or the New York  state  urban  development  corpo-
ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
accordance with the applicable provisions of the charter of such city or
by the board of directors of such corporation,  and  such  approval  was
obtained  after  October  thirty-first,  two  thousand and prior to July
first, two thousand [fifteen] SEVENTEEN, provided,  however,  that  such
premises were constructed or renovated subsequent to such approval, that
expenditures have been made subsequent to such approval for improvements
to  such  real property (by construction or renovation) in excess of ten
per centum of the value at which such real property was assessed for tax
purposes for the tax year in which  such  improvements  commenced,  that
such  expenditures  have  been  made  within thirty-six months after the
effective date of such lease, and that such real property is located  in
an eligible area; or

S. 6012                            28                            A. 8323

  S 49. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
trative  code  of  the  city  of New   York, as amended by section 11 of
subpart E of part GG of chapter 59 of the laws of 2014,  is  amended  to
read as follows:
  (1)  No  eligible energy user, qualified eligible energy user, on-site
cogenerator, clean on-site cogenerator or special eligible  energy  user
shall  receive a rebate pursuant to this chapter until it has obtained a
certification as an eligible  energy  user,  qualified  eligible  energy
user, on-site cogenerator, clean on-site cogenerator or special eligible
energy  user,  respectively,  from  the  commissioner  of small business
services. No such certification for a  qualified  eligible  energy  user
shall  be  issued  on  or  after July first, two thousand three. No such
certification of any other eligible energy user, on-site cogenerator  or
clean  on-site  cogenerator  shall be issued on or after July first, two
thousand [fifteen]  SEVENTEEN.    The  commissioner  of  small  business
services,  after  notice  and hearing, may revoke a certification issued
pursuant to this subdivision where it is found that eligibility criteria
have not been met or  that  compliance  with  conditions  for  continued
eligibility  has  not been maintained. The corporation counsel may main-
tain a civil action to recover an amount equal to any benefits improper-
ly obtained.
  S 50. Subparagraph (b-2) of paragraph 2 of subdivision  i  of  section
11-704 of the administrative code of the city of New York, as amended by
section  1 of subpart F of part GG of chapter 59 of the laws of 2014, is
amended to read as follows:
  (b-2) The amount of the special reduction allowed by this  subdivision
with  respect  to  a lease other than a sublease commencing between July
first, two thousand five and  June  thirtieth,  two  thousand  [fifteen]
SEVENTEEN  with  an initial or renewal lease term of at least five years
shall be determined as follows:
  (i) For the base year the amount of such special  reduction  shall  be
equal to the base rent for the base year.
  (ii)  For  the  first,  second,  third and fourth twelve-month periods
following the base year the amount of such special  reduction  shall  be
equal  to  the  lesser  of  (A) the base rent for each such twelve-month
period or (B) the base rent for the base year.
  S 51. Subdivision 9 of section 499-aa of the real property tax law, as
amended by section 1 of subpart G of part GG of chapter 59 of  the  laws
of 2014, is amended to read as follows:
  9.  "Eligibility  period." The period commencing April first, nineteen
hundred ninety-five and terminating  March  thirty-first,  two  thousand
one,  provided,  however, that with respect to eligible premises defined
in subparagraph (i) of paragraph (b) of subdivision ten of this section,
the period commencing July first,  two  thousand  and  terminating  June
thirtieth,  two  thousand  [sixteen]  EIGHTEEN,  and  provided, further,
however, that with respect to eligible premises defined in  subparagraph
(ii)  of  paragraph  (b)  or  paragraph  (c)  of subdivision ten of this
section, the period commencing July first, two thousand five and  termi-
nating June thirtieth, two thousand [sixteen] EIGHTEEN.
  S  52. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
499-cc of the real property tax law, as amended by section 2 of  subpart
G  of  part  GG of chapter 59 of the laws of 2014, is amended to read as
follows:
  (iii) With respect to the eligible premises  defined  in  subparagraph
(ii)  of  paragraph  (b)  or paragraph (c) of subdivision ten of section
four hundred ninety-nine-aa of this title and for purposes of  determin-

S. 6012                            29                            A. 8323

ing  whether  the  amount of expenditures required by subdivision one of
this section have been satisfied, expenditures on  improvements  to  the
common  areas  of an eligible building shall be included only if work on
such  improvements  commenced  and the expenditures are made on or after
July first, two thousand five and on or  before  December  thirty-first,
two thousand [sixteen] EIGHTEEN; provided, however, that expenditures on
improvements  to  the common areas of an eligible building made prior to
three years before the lease commencement date shall not be included.
  S 53. Subdivisions 5 and 9 of section 499-a of the real  property  tax
law,  as  amended  by section 1 of subpart B of part GG of chapter 59 of
the laws of 2014, are amended to read as follows:
  5. "Benefit period." The period commencing with the first day  of  the
month  immediately  following the rent commencement date and terminating
no later than sixty months  thereafter,  provided,  however,  that  with
respect  to a lease commencing on or after April first, nineteen hundred
ninety-seven with an initial lease term of less than five years, but not
less than three years, the period commencing with the first day  of  the
month  immediately  following the rent commencement date and terminating
no later than thirty-six months thereafter. Notwithstanding the  forego-
ing  sentence, a benefit period shall expire no later than March thirty-
first, two thousand [twenty-two] TWENTY-FOUR.
  9. "Eligibility period." The period commencing April  first,  nineteen
hundred  ninety-five  and  terminating  March thirty-first, two thousand
[sixteen] EIGHTEEN.
  S 54. Paragraph (a) of subdivision 3 of  section  499-c  of  the  real
property  tax  law,  as  amended by section 2 of subpart B of part GG of
chapter 59 of the laws of 2014, is amended to read as follows:
  (a) For purposes of determining whether  the  amount  of  expenditures
required by subdivision one of this section have been satisfied, expend-
itures on improvements to the common areas of an eligible building shall
be included only if work on such improvements commenced and the expendi-
tures are made on or after April first, nineteen hundred ninety-five and
on  or  before  September  thirtieth,  two  thousand [sixteen] EIGHTEEN;
provided, however, that expenditures on improvements to the common areas
of an eligible building made prior  to  three  years  before  the  lease
commencement date shall not be included.
  S  55. Subdivision 8 of section 499-d of the real property tax law, as
amended by section 3 of subpart B of part GG of chapter 59 of  the  laws
of 2014, is amended to read as follows:
  8.  Leases  commencing on or after April first, nineteen hundred nine-
ty-seven shall be subject to the provisions of this title as amended  by
chapter  six hundred twenty-nine of the laws of nineteen hundred ninety-
seven, chapter one hundred eighteen of the laws  of  two  thousand  one,
chapter  four  hundred  forty of the laws of two thousand three, chapter
sixty of the laws of two thousand seven, chapter twenty-two of the  laws
of  two  thousand  ten,  CHAPTER  FIFTY-NINE OF THE LAWS OF TWO THOUSAND
FOURTEEN and the chapter of the laws of two thousand [fourteen]  FIFTEEN
that  added  this  phrase. Notwithstanding any other provision of law to
the contrary, with respect to leases commencing on or after April first,
nineteen hundred ninety-seven,  an  application  for  a  certificate  of
abatement  shall  be considered timely filed if filed within one hundred
eighty days following the lease commencement date or within  sixty  days
following  the date chapter six hundred twenty-nine of the laws of nine-
teen hundred ninety-seven became a law, whichever is later.
  S 56. Subparagraph (a) of paragraph 2  of  subdivision  i  of  section
11-704 of the administrative code of the city of New York, as amended by

S. 6012                            30                            A. 8323

section  4 of subpart B of part GG of chapter 59 of the laws of 2014, is
amended to read as follows:
  (a) An eligible tenant of eligible taxable premises shall be allowed a
special reduction in determining the taxable base rent for such eligible
taxable  premises.  Such special reduction shall be allowed with respect
to the rent for such eligible taxable premises for a period not  exceed-
ing  sixty  months  or,  with  respect to a lease commencing on or after
April first, nineteen hundred ninety-seven with an initial lease term of
less than five years, but not less than three years, for  a  period  not
exceeding  thirty-six  months,  commencing on the rent commencement date
applicable to such eligible taxable premises, provided, however, that in
no event shall any special reduction be allowed for any period beginning
after March thirty-first, two thousand [twenty-two]  TWENTY-FOUR.    For
purposes  of applying such special reduction, the base rent for the base
year shall, where necessary to  determine  the  amount  of  the  special
reduction  allowable with respect to any number of months falling within
a tax period, be prorated by dividing the base rent for the base year by
twelve and multiplying the result by such number of months.
  S 57. Paragraph (a) of subdivision 1 of section 489-dddddd of the real
property tax law, as amended by section 1 of subpart C  of  part  GG  of
chapter 59 of the laws of 2014, is amended to read as follows:
  (a)  Application for benefits pursuant to this title may be made imme-
diately following the effective date of a local law enacted pursuant  to
this  title  and  continuing until March first, two thousand [seventeen]
NINETEEN.
  S 58. Subdivision 3 of section 489-dddddd of  the  real  property  tax
law,  as  amended  by section 2 of subpart C of part GG of chapter 59 of
the laws of 2014, is amended to read as follows:
  3. (a) No benefits  pursuant  to  this  title  shall  be  granted  for
construction  work  performed pursuant to a building permit issued after
April first, two thousand [seventeen] NINETEEN.
  (b) If no building permit was required, then no benefits  pursuant  to
this  title  shall  be  granted  for construction work that is commenced
after April first, two thousand [seventeen] NINETEEN.
  S 59. Paragraph 1 of subdivision a of section 11-271 of  the  adminis-
trative code of the city of New York, as amended by section 3 of subpart
C  of  part  GG of chapter 59 of the laws of 2014, is amended to read as
follows:
  (1) Application for benefits pursuant to this part may be  made  imme-
diately  following  the  effective date of the local law that added this
section and continuing until March first, two thousand [seventeen] NINE-
TEEN.
  S 60. Subdivision c of section 11-271 of the  administrative  code  of
the city of New York, as amended by section 4 of subpart C of part GG of
chapter 59 of the laws of 2014, is amended to read as follows:
  c.  (1)  No  benefits  pursuant  to  this  part  shall  be granted for
construction work performed pursuant to a building permit  issued  after
April first, two thousand [seventeen] NINETEEN.
  (2)  If  no building permit was required, then no benefits pursuant to
this part shall be granted for construction work that is commenced after
April first, two thousand [seventeen] NINETEEN.
  S 60-a. Subparagraph (A) of paragraph 2 of subdivision (f) of  section
11-1706  of the administrative code of the city of New York, as added by
chapter 4 of the laws of 2013, is amended to read as follows:

S. 6012                            31                            A. 8323

  (A) Subject to the limitations set forth in subparagraphs (B) and  (C)
of  this  paragraph, the credit allowed to a taxpayer for a taxable year
under this subdivision shall be determined as follows:
  (i)  For  taxable years beginning on or after January first, two thou-
sand fourteen and before July first, two thousand [fifteen] NINETEEN:
  (I) If the city taxable income  is  thirty-five  thousand  dollars  or
less,  the  amount  of  the  credit  shall be one hundred percent of the
amount determined in paragraph three of this subdivision.
  (II) If the city taxable income is greater than  thirty-five  thousand
dollars  but  less  than one hundred thousand dollars, the amount of the
credit shall be a percentage of the amount determined in paragraph three
of this subdivision, such percentage to  be  determined  by  subtracting
from  one  hundred percent, a percentage determined by subtracting thir-
ty-five thousand dollars from city taxable income, dividing  the  result
by sixty-five thousand dollars and multiplying by one hundred percent.
  (III)  If  the  city taxable income is one hundred thousand dollars or
greater, no credit shall be allowed.
  (IV) Provided further that for any taxable  year  of  a  taxpayer  for
which  this  credit  is  effective that encompasses days occurring after
June thirtieth, two thousand [fifteen] NINETEEN, the amount of the cred-
it determined in item (I) or (II) of this clause shall be multiplied  by
a  fraction, the numerator of which is the number of days in the taxpay-
er's taxable year occurring on or before June  thirtieth,  two  thousand
[fifteen]  NINETEEN,  and the denominator of which is the number of days
in the taxpayer's taxable year.
  S 61. Paragraphs (a) and (b) of subdivision 2 of section 467-a of  the
real  property tax law, as amended by chapter 4 of the laws of 2013, are
amended to read as follows:
  (a) In a city having a population of one  million  or  more,  dwelling
units  owned  by  unit  owners  who, as of the applicable taxable status
date, own no more than three dwelling units in any one property held  in
the  condominium  form  of  ownership,  shall  be  eligible to receive a
partial abatement of real property taxes, as  set  forth  in  paragraphs
(c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
sion; provided, however, that a property held in the condominium form of
ownership that is  receiving  complete  or  partial  real  property  tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of  this  subdivision, shall not be eligible to receive a partial abate-
ment pursuant to this section;  and  provided,  further,  that  sponsors
shall  not  be  eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal [year] YEARS commenc-
ing in calendar years two thousand twelve, two thousand  thirteen,  [or]
two  thousand  fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO
THOUSAND SEVENTEEN OR TWO THOUSAND EIGHTEEN no more than  a  maximum  of
three  dwelling  units owned by any unit owner in a single building, one
of which must be the primary residence of  such  unit  owner,  shall  be
eligible  to  receive  a partial abatement pursuant to paragraphs (d-1),
(d-2), (d-3) and (d-4) of this [section] SUBDIVISION.
  (b) In a city having a population of one  million  or  more,  dwelling
units  owned  by  tenant-stockholders  who, as of the applicable taxable
status date, own no more than three dwelling units in any  one  property
held  in the cooperative form of ownership, shall be eligible to receive
a partial abatement of real property taxes, as set forth  in  paragraphs
(c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
sion; provided, however, that a property held in the cooperative form of

S. 6012                            32                            A. 8323

ownership that is  receiving  complete  or  partial  real  property  tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of  this  subdivision, shall not be eligible to receive a partial abate-
ment pursuant to this section;  and  provided,  further,  that  sponsors
shall  not  be  eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal [year] YEARS commenc-
ing in calendar years two thousand twelve, two thousand  thirteen  [or],
two  thousand  fourteen, TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO
THOUSAND SEVENTEEN OR TWO THOUSAND EIGHTEEN no more than  a  maximum  of
three  dwelling units owned by any tenant-stockholder in a single build-
ing, one of which must be the primary residence  of  such  tenant-stock-
holder,  shall  be  eligible  to receive a partial abatement pursuant to
paragraphs (d-1), (d-2), (d-3) and (d-4) of this [section]  SUBDIVISION.
For  purposes  of  this  section,  a tenant-stockholder of a cooperative
apartment corporation shall be deemed to own the dwelling unit which  is
represented  by  his  or  her  shares  of stock in such corporation. Any
abatement so granted shall be credited by the appropriate taxing author-
ity against the tax due on the property as a  whole.  The  reduction  in
real  property  taxes  received thereby shall be credited by the cooper-
ative apartment corporation against the amount of such  taxes  attribut-
able to eligible dwelling units at the time of receipt.
  S  62.  Paragraphs  (d-1),  (d-2), (d-3) and (d-4) of subdivision 2 of
section 467-a of the real property tax law, as added by chapter 4 of the
laws of 2013, are amended to read as follows:
  (d-1) In the fiscal years commencing  in  calendar  [year]  YEARS  two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is less
than  or  equal to fifty thousand dollars shall receive a partial abate-
ment of the real property taxes attributable to or due on such  dwelling
units  of twenty-five percent, twenty-six and one-half percent and twen-
ty-eight and one-tenth  percent  respectively.    IN  THE  FISCAL  YEARS
COMMENCING IN CALENDAR YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN,
TWO THOUSAND SEVENTEEN AND TWO THOUSAND EIGHTEEN ELIGIBLE DWELLING UNITS
IN  PROPERTY  WHOSE AVERAGE UNIT ASSESSED VALUE IS LESS THAN OR EQUAL TO
FIFTY THOUSAND DOLLARS SHALL RECEIVE A PARTIAL  ABATEMENT  OF  THE  REAL
PROPERTY  TAXES ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF TWENTY-
EIGHT AND ONE-TENTH PERCENT.
  (d-2) In the fiscal years commencing  in  calendar  [year]  YEARS  two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is more
than  fifty thousand dollars, but less than or equal to fifty-five thou-
sand dollars, shall receive a partial abatement  of  the  real  property
taxes  attributable  to  or due on such dwelling units of twenty-two and
one-half percent, twenty-three and eight-tenths percent and  twenty-five
and  two-tenths percent respectively.  IN THE FISCAL YEARS COMMENCING IN
CALENDAR YEARS TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO  THOUSAND
SEVENTEEN  AND TWO THOUSAND EIGHTEEN ELIGIBLE DWELLING UNITS IN PROPERTY
WHOSE AVERAGE UNIT ASSESSED VALUE IS MORE THAN FIFTY  THOUSAND  DOLLARS,
BUT  LESS  THAN OR EQUAL TO FIFTY-FIVE THOUSAND DOLLARS, SHALL RECEIVE A
PARTIAL ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR  DUE  ON
SUCH DWELLING UNITS OF TWENTY-FIVE AND TWO-TENTHS PERCENT.
  (d-3)  In  the  fiscal  years  commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
ble dwelling units in property whose average unit assessed value is more
than fifty-five thousand dollars, but less than or equal to sixty  thou-

S. 6012                            33                            A. 8323

sand  dollars,  shall  receive  a partial abatement of the real property
taxes attributable to or due on such dwelling units of  twenty  percent,
twenty-one  and  two-tenths  percent,  and  twenty-two  and  five-tenths
percent  respectively.  IN THE FISCAL YEARS COMMENCING IN CALENDAR YEARS
TWO THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND  SEVENTEEN  AND
TWO  THOUSAND EIGHTEEN ELIGIBLE DWELLING UNITS IN PROPERTY WHOSE AVERAGE
UNIT ASSESSED VALUE IS MORE THAN FIFTY-FIVE THOUSAND DOLLARS,  BUT  LESS
THAN  OR EQUAL TO SIXTY THOUSAND DOLLARS, SHALL RECEIVE A PARTIAL ABATE-
MENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR DUE ON SUCH  DWELLING
UNITS OF TWENTY-TWO AND FIVE-TENTHS PERCENT.
  (d-4)  In  the  fiscal  years  commencing in calendar [year] YEARS two
thousand twelve, two thousand thirteen [and], two thousand fourteen, TWO
THOUSAND FIFTEEN, TWO THOUSAND SIXTEEN, TWO THOUSAND SEVENTEEN  AND  TWO
THOUSAND  EIGHTEEN,  eligible  dwelling  units in property whose average
unit assessed value is more than sixty thousand dollars shall receive  a
partial  abatement  of the real property taxes attributable to or due on
such dwelling units of seventeen and one-half percent.
  S 63. Paragraph (a) of subdivision 3 of  section  467-a  of  the  real
property  tax  law,  as  amended  by  chapter  4 of the laws of 2013, is
amended to read as follows:
  (a) An application for an abatement pursuant to this section  for  the
fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
shall be made no later than the fifteenth  day  of  September,  nineteen
hundred  ninety-six.  An  application  for an abatement pursuant to this
section for the fiscal year commencing in calendar year nineteen hundred
ninety-seven shall be made no later than the first day of  April,  nine-
teen  hundred  ninety-seven. An application for an abatement pursuant to
this section for the fiscal year commencing in  calendar  year  nineteen
hundred ninety-eight shall be made no later than the first day of April,
nineteen  hundred ninety-eight. An application for an abatement pursuant
to this section for the fiscal year commencing in calendar year nineteen
hundred ninety-nine shall be made in accordance  with  this  subdivision
and subdivision three-a of this section. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two  thousand shall be made no later than the fifteenth day of February,
two thousand. An application for an abatement pursuant to  this  section
for  the  fiscal year commencing in calendar year two thousand one shall
be made in accordance with this subdivision and subdivision  three-b  of
this  section.  An application for an abatement pursuant to this section
for the fiscal year commencing in calendar year two thousand  two  shall
be  made  no later than the fifteenth day of February, two thousand two.
An application for an abatement pursuant to this section for the  fiscal
year  commencing  in  calendar  year two thousand three shall be made no
later than the fifteenth day of February, two thousand three. An  appli-
cation  for  an  abatement  pursuant to this section for the fiscal year
commencing in calendar year two thousand four shall be made  in  accord-
ance  with  this subdivision and subdivision three-c of this section. An
application for an abatement pursuant to this  section  for  the  fiscal
year  commencing  in  calendar  year  two thousand five shall be made no
later than the fifteenth day of February, two thousand five. An applica-
tion for an abatement pursuant to  this  section  for  the  fiscal  year
commencing in calendar year two thousand six shall be made no later than
the  fifteenth  day of February, two thousand six. An application for an
abatement pursuant to this section for the  fiscal  year  commencing  in
calendar  year  two  thousand  seven  shall  be  made  no later than the
fifteenth day of February, two thousand seven. An application for abate-

S. 6012                            34                            A. 8323

ment pursuant to this section for the fiscal year commencing in calendar
year two thousand eight shall be made in accordance with  this  subdivi-
sion  and  subdivision  three-d  of  this section. An application for an
abatement  pursuant  to  this  section for the fiscal year commencing in
calendar year two  thousand  nine  shall  be  made  no  later  than  the
fifteenth  day  of  February,  two  thousand nine. An application for an
abatement pursuant to this section for the  fiscal  year  commencing  in
calendar year two thousand ten shall be made no later than the fifteenth
day  of  February,  two  thousand  ten.  An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall be made no later than  the  fifteenth  day  of
February,  two thousand eleven. An application for an abatement pursuant
to this section for the fiscal years commencing in  calendar  years  two
thousand  twelve  and  two thousand thirteen shall be made in accordance
with subdivision three-e of this section. The date  or  dates  by  which
applications for an abatement pursuant to this section shall be made for
the  fiscal [year] YEARS beginning in calendar [year] YEARS two thousand
fourteen, TWO THOUSAND  FIFTEEN,  TWO  THOUSAND  SIXTEEN,  TWO  THOUSAND
SEVENTEEN  AND TWO THOUSAND EIGHTEEN shall be established by the commis-
sioner of finance by rule, provided that such date or dates shall not be
later than the fifteenth day of February for such calendar [year] YEARS.
  S 63-a. Clause (A) of subparagraph (iv) of paragraph (a)  of  subdivi-
sion  2  of  section  421-a  of the real property tax law, as amended by
chapter 432 of the laws of 1998, the opening  paragraph  as  amended  by
chapter 19 of the laws of 2015, is amended to read as follows:
  (A)  Unless  excluded by local law, 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 SUCH A MULTIPLE DWELLING RECEIVES ITS
FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL RESI-
DENTIAL AREAS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN,
AND 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.  the construction is carried out with the substantial assistance of
grants, loans or subsidies from any federal, state or  local  agency  or
instrumentality, or
  b. the local housing agency has imposed a requirement or has certified
that  twenty  percent of the units are affordable to families of low and
moderate income.
  S 63-b. Subparagraph (ii) of paragraph (c) of subdivision 2 of section
421-a of the real property tax law, as amended 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 NINETEEN, (B) SOLELY FOR PURPOSES OF DETERMINING  WHETHER  THIS

S. 6012                            35                            A. 8323

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 63-c. Section 421-a of the real  property  tax  law  is  amended  by
adding three new subdivisions 16, 16-a' 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 EXCLUDING THE GEOGRAPHIC AREA SOUTH OF NINETY-SIXTH STREET  IN  THE
BOROUGH  OF MANHATTAN, AND ALL OTHER GEOGRAPHIC AREAS IN THE CITY OF NEW
YORK EXCLUDED PURSUANT TO LOCAL LAW, (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 ONE HUNDRED PERCENT OF THE UNITS SHALL HAVE AN AVERAGE
ASSESSED VALUE NOT TO EXCEED SIXTY-FIVE THOUSAND DOLLARS UPON THE  FIRST
ASSESSMENT  FOLLOWING  THE  COMPLETION  DATE AND WHERE EACH OWNER OF ANY
SUCH UNIT SHALL AGREE, IN WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMA-
RY RESIDENCE FOR NO LESS THAN FIVE YEARS FROM THE  ACQUISITION  OF  SUCH
UNIT.
  (VI)  "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.
  (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

S. 6012                            36                            A. 8323

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-
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.

S. 6012                            37                            A. 8323

  (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 OR
HOMEOWNERSHIP PROJECT CONTAINING SIX  OR  MORE  DWELLING  UNITS  CREATED
THROUGH  NEW CONSTRUCTION OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCE-
MENT 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.
  (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 THE HORIZONTAL AREAS OF THE SEVERAL
FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
RY STRUCTURES ON A LOT MEASURED FROM  THE  EXTERIOR  FACES  OF  EXTERIOR
WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
  (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 (1) 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,  AND  SHALL NOT INCLUDE A MULTIPLE DWELLING THAT CONTAINS MORE THAN
THIRTY-FIVE UNITS.
  (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 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.
  (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
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 (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

S. 6012                            38                            A. 8323

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.
  (XXXIV) "TWENTY 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  FOUR-
TEEN  YEARS  OF  THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION
FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR  LOCAL  IMPROVE-
MENTS,  PROVIDED,  HOWEVER,  THAT  NO  EXEMPTION  SHALL BE GIVEN FOR ANY
PORTION OF A UNIT'S ASSESSED VALUE THAT EXCEEDS $65,000; AND (C) FOR THE
FINAL SIX  YEARS  OF  THE  RESTRICTION  PERIOD,  A  TWENTY-FIVE  PERCENT
EXEMPTION  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
IMPROVEMENTS, PROVIDED, HOWEVER, THAT NO EXEMPTION SHALL  BE  GIVEN  FOR
ANY PORTION OF A UNIT'S ASSESSED VALUE THAT EXCEEDS $65,000.
  (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 AND A HOMEOWN-
ERSHIP  PROJECT  THAT  MEETS ALL OF THE REQUIREMENTS OF THIS SUBDIVISION
SHALL RECEIVE A TWENTY YEAR BENEFIT.
  (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.

S. 6012                            39                            A. 8323

  (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 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) AFFORDABLE UNITS SHALL SHARE THE SAME COMMON ENTRANCES AND  COMMON
AREAS  AS  MARKET  RATE  UNITS,  AND SHALL NOT BE ISOLATED TO A SPECIFIC
FLOOR OR AREA OF A BUILDING. COMMON ENTRANCES SHALL MEAN ANY AREA  REGU-
LARLY USED BY ANY RESIDENT FOR INGRESS AND EGRESS FROM A MULTIPLE DWELL-
ING; AND
  (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, ALL AFFORDABLE HOUSING UNITS SHALL BE FULLY  SUBJECT  TO  RENT
STABILIZATION DURING THE RESTRICTION PERIOD, PROVIDED THAT TENANTS HOLD-
ING  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 OCCUPANCY.
  (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
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

S. 6012                            40                            A. 8323

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, (B) MONI-
TORING COMPLIANCE WITH THE PROVISIONS OF  THIS  PARAGRAPH  AND  (C)  THE
MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN
EXEMPTION  PURSUANT TO THIS SUBDIVISION.  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
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;

S. 6012                            41                            A. 8323

  (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-
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 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.

S. 6012                            42                            A. 8323

  (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.
  (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  WHICH  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, IF A  MEMORANDUM  OF  UNDERSTANDING  PURSUANT  TO  SUBDIVISION
SIXTEEN-A  OF  THIS  SECTION  HAS  BEEN  EXECUTED  AND NOTICED, A RENTAL
PROJECT OR HOMEOWNERSHIP PROJECT WITH A COMMENCEMENT DATE ON  OR  BEFORE
DECEMBER  THIRTY-FIRST, TWO THOUSAND FIFTEEN THAT HAS NOT RECEIVED BENE-
FITS 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 PURSU-
ANT TO THIS SUBDIVISION.
  S 16-A. THE PROVISIONS OF SUBDIVISION SIXTEEN OF  THIS  SECTION  SHALL
TAKE EFFECT ONLY UPON THE CONDITION THAT ON OR BEFORE JANUARY FIFTEENTH,
TWO  THOUSAND SIXTEEN, A MEMORANDUM OF UNDERSTANDING IS EXECUTED BY ONE,
OR MORE, REPRESENTATIVE OF THE LARGEST TRADE ASSOCIATION OF  RESIDENTIAL
REAL ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK
CITY  AS WELL AS ONE, OR MORE, REPRESENTATIVE OF THE LARGEST TRADE LABOR
ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH MEMBER-
SHIP IN NEW YORK CITY.
  SUCH MEMORANDUM OF UNDERSTANDING SHALL  INCLUDE  PROVISIONS  REGARDING
WAGES  OR  WAGE  SUPPLEMENTS  FOR CONSTRUCTION WORKERS ON BUILDINGS OVER
FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY  THE  BENEFITS  OF  SUBDIVISION
SIXTEEN OF THIS SECTION; PROVIDED, HOWEVER THAT SUCH MEMORANDUM MAY ALSO

S. 6012                            43                            A. 8323

ADDRESS  ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II)
APPLICATION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS AND (III) WAGE
SCHEDULES FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY.  THE  TERMS
AND  CONDITIONS  OF  THE  MEMORANDUM OF UNDERSTANDING SHALL APPLY TO ALL
PROJECTS WITH MORE THAN FIFTEEN UNITS THAT RECEIVE BENEFITS  UNDER  THIS
SUBDIVISION  SIXTEEN OF SECTION AFTER THE MEMORANDUM OF UNDERSTANDING IS
EXECUTED.
  NOTWITHSTANDING THE FOREGOING, IF ON OR BEFORE JANUARY FIFTEENTH,  TWO
THOUSAND  SIXTEEN,  THE  MEMORANDUM  OF UNDERSTANDING HAS NOT BEEN FULLY
EXECUTED, THE PROVISIONS OF SUBDIVISION SIXTEEN OF THIS SECTION SHALL BE
SUSPENDED SUCH THAT NO NEW APPLICATIONS SHALL BE ACCEPTED UNDER SUBDIVI-
SION SIXTEEN OF THIS SECTION. ABSENT SUCH FULL EXECUTION OF  SUCH  MEMO-
RANDUM AND NOTICE TO THE LEGISLATIVE BILL DRAFTING COMMISSION, THE BENE-
FITS  OF SUBDIVISION SIXTEEN OF THIS SECTION SHALL REMAIN SUSPENDED THAT
NO NEW APPLICATIONS SHALL BE ACCEPTED UNDER SUBDIVISION SIXTEEN OF  THIS
SECTION, UNTIL SUCH MEMORANDUM IS EXECUTED.
  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

S. 6012                            44                            A. 8323

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  THE HORIZONTAL AREAS OF THE SEVERAL
FLOORS, OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSO-
RY STRUCTURES ON A LOT MEASURED FROM  THE  EXTERIOR  FACES  OF  EXTERIOR
WALLS, OR FROM THE CENTER LINE OF PARTY WALLS.
  (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
OR  OF  ANY  GENERAL,  SPECIAL OR LOCAL LAW TO THE CONTRARY, AN EXTENDED
AFFORDABILITY PROPERTY SHALL BE GRANTED AN EXTENDED  BENEFIT,  PROVIDED,

S. 6012                            45                            A. 8323

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, ALL AFFORDABLE HOUSING UNITS IN AN EXTENDED AFFORDABILITY PROP-
ERTY  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 STABILIZATION UNLESS  THE  OWNER
IS  ENTITLED TO REMOVE SUCH AFFORDABLE HOUSING UNIT FROM RENT STABILIZA-
TION 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.

S. 6012                            46                            A. 8323

  (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;
  (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO

S. 6012                            47                            A. 8323

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-
BILITY  PROPERTY;  AND  (B)  THE  EXTENDED  AFFORDABILITY PROPERTY IS IN
COMPLIANCE WITH SUCH RESTRICTIVE DECLARATION AND THIS SUBDIVISION.

S. 6012                            48                            A. 8323

  (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 63-d. Intentionally omitted.
  S 63-e. Intentionally omitted.
  S 63-f. 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 63-g. 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

S. 6012                            49                            A. 8323

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 63-h. 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.
  S  63-i.  Paragraph  (a) of subdivision 6 of section 421-a of the real
property 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  63-j.  Paragraph  (b) of subdivision 6 of section 421-a of the real
property 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

S. 6012                            50                            A. 8323

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.
  S 63-k. Paragraph (f) of subdivision 6 of section 421-a  of  the  real
property  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  63-l.   Paragraph (d) of subdivision 7 of section 421-a of the real
property tax law, as added by chapter 618  of  the  laws  of  2007,  and
subparagraphs  (i)  and  (ii)  as  amended by chapter 619 of the laws of
2007, are amended to read as follows:
  (d) Unless preempted by federal requirements:
  (i) all affordable units must have a comparable number of bedrooms  as
market  rate units and a unit mix proportional to the market rate units,
or at least fifty percent of the affordable units must have two or  more
bedrooms  and  no  more than fifty percent of the remaining units can be
smaller than one bedroom or in addition to the requirements of paragraph
(c) of this subdivision, the floor area of affordable units is  no  less
than twenty percent of the total floor area of all dwelling units; [and]
  (ii) AFFORDABLE UNITS SHALL SHARE THE SAME COMMON ENTRANCES AND COMMON
AREAS  AS  MARKET  RATE  UNITS,  AND SHALL NOT BE ISOLATED TO A SPECIFIC
FLOOR OR AREA OF A BUILDING. COMMON ENTRANCES SHALL MEAN ANY AREA  REGU-
LARLY USED BY ANY RESIDENT FOR INGRESS AND EGRESS FROM A MULTIPLE DWELL-
ING; AND
  (III)  residents  of  the  community board where the multiple dwelling
which receives the benefits provided in this section is  located  shall,
upon  initial  occupancy,  have  priority  for the purchase or rental of
fifty percent of the affordable units.

S. 6012                            51                            A. 8323

  S 63-m. 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 para-
graph (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
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

S. 6012                            52                            A. 8323

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  64.  Paragraph  (b)  of  subdivision 3 of section 421-m of the real
property tax law, as added by section 43 of part B of chapter 97 of  the
laws of 2011, is amended to read as follows:
  (b)  Such  construction or substantial rehabilitation was commenced on
or after the effective date of the local law,  ordinance  or  resolution
described  in  subdivision  one  of this section, but no later than June
fifteenth, two thousand [fifteen] NINETEEN.
  S 64-a. The real property tax law is amended by adding a  new  section
467-i to read as follows:
  S  467-I.  REAL  PROPERTY  TAX ABATEMENT.   AN ELIGIBLE BUILDING SHALL
RECEIVE AN ABATEMENT OF REAL PROPERTY TAXES AS PROVIDED IN THIS  SECTION
AND THE RULES PROMULGATED HEREUNDER.
  1.  THE  AMOUNT  OF SUCH TAX ABATEMENT SHALL BE DETERMINED PURSUANT TO
REGULATIONS PROMULGATED BY THE COMMISSIONER OF THE STATE  DEPARTMENT  OF
TAXATION  AND FINANCE.   THE VALUE OF SUCH TAX ABATEMENT SHALL BE DETER-
MINED BASED UPON A FORMULA TO BE ESTABLISHED BY THE COMMISSIONER OF  THE
STATE DEPARTMENT OF TAXATION AND FINANCE THAT SHALL REFLECT THE VALUE OF
THE MAJOR CAPITAL IMPROVEMENT, THE ECONOMIC LOSS IMPOSED UPON A BUILDING
OWNER  AS  A RESULT OF CHANGES TO THE AMORTIZATION PERIOD AUTHORIZED FOR
MAJOR CAPITAL IMPROVEMENTS PURSUANT TO THIS TITLE AND SUCH OTHER FACTORS
AS THE COMMISSIONER MAY ESTABLISH, INCLUDING APPROPRIATE DISCOUNT  RATES
AND TIME PERIODS.
  2.  SUCH  TAX  ABATEMENT  SHALL  COMMENCE  ON JULY FIRST FOLLOWING THE
APPROVAL OF AN APPLICATION  FOR  TAX  ABATEMENT  BY  THE  DEPARTMENT  OF
FINANCE  ON  A FORM PRESCRIBED THEREBY PROVIDING THE AMOUNT OF THE MAJOR

S. 6012                            53                            A. 8323

CAPITAL IMPROVEMENT APPROVED BY THE DIVISION AND THE AMOUNT OF UNITS  IN
THE ELIGIBLE BUILDING.
  3.  SUCH  ABATEMENT MAY NOT BE CARRIED OVER TO ANY SUBSEQUENT TAX YEAR
AND SHALL NOT REDUCE OR BE OFFSET BY ANY  OTHER  TAX  BENEFIT  PROVIDED,
APPROVED OR CALCULATED BY THE CITY OR THE STATE.
  4.  "ELIGIBLE  BUILDING" SHALL MEAN FOR THE PURPOSES OF THIS SECTION A
CLASS TWO BUILDING LOCATED IN A CITY OF  A  MILLION  OR  MORE  WHICH  IS
SUBJECT  TO EITHER THE EMERGENCY HOUSING RENT CONTROL LAW OR TO THE RENT
AND REHABILITATION LAW OF THE CITY OF NEW YORK ENACTED PURSUANT  TO  THE
EMERGENCY HOUSING RENT CONTROL LAW OR TO THE EMERGENCY TENANT PROTECTION
ACT OF NINETEEN SEVENTY-FOUR.
  5.    WITH  RESPECT  TO  ADMINISTRATION  OF  THE TAX ABATEMENT PROGRAM
AUTHORIZED IN THIS SECTION, NO LOCAL AGENCY SHALL CONSIDER OR ADOPT  ANY
ELIGIBILITY  CRITERIA  THAT  ARE DIFFERENT THAN THOSE PROMULGATED BY THE
STATE DEPARTMENT OF TAXATION AND FINANCE.
  S 65. Real property tax abatement.  An eligible building shall receive
an abatement of real property taxes as provided in this section and  the
rules promulgated hereunder.
  1. The amount of such tax abatement shall be determined by calculating
fifty percent of the economic loss attributed to the building owner as a
result  of changes to the amortization period as established by this act
for such buildings, which  shall  be  measured  as  follows:  the  total
approved  cost  of  the major capital improvement, multiplied by a frac-
tion, the numerator of which is the increase, measured in months, of the
amortization schedule of such improvement established by the rent act of
2015, and the denominator of which is the total new amortization period,
measured in months, for the major capital improvement established by the
rent act of 2015 as applied to such eligible building.
  2. Such tax abatement shall  commence  on  July  first  following  the
approval  of  an  application  for  tax  abatement  by the department of
finance on a form prescribed thereby providing the amount of  the  major
capital  improvement  approved by the New York state division of housing
and community renewal and the amount of units in the eligible building.
  3. Such abatement may not be carried over to any subsequent  tax  year
and  shall  not  reduce  or be offset by any other tax benefit provided,
approved or calculated by the city or the state.
  4. "Eligible building" shall mean for the purposes of this  section  a
class two building located in a city with a population of one million or
more  which  is subject either to the emergency housing rent control law
or to the rent and rehabilitation law of the city of  New  York  enacted
pursuant  to  the emergency housing rent control law or to the emergency
tenant protection act of nineteen seventy-four.
  5. With respect to administration of the tax abatement program author-
ized herein, no local agency shall consider  or  adopt  any  eligibility
criteria  that are different than those promulgated by the state depart-
ment of taxation and finance.
  S 66. This act shall take effect immediately; and shall be  deemed  to
have been in full force and effect on and after June 15, 2015; provided,
however, that:
  (a) the amendments to chapter 4 of title 26 of the administrative code
of  the  city  of  New  York  made  by  sections  ten,  twelve, sixteen,
sixteen-a, twenty-three, twenty-four and twenty-nine of this  act  shall
expire on the same date as such chapter expires and shall not affect the
expiration of such chapter as provided under section 26-520 of such law;
  (b)  the amendments to the emergency tenant protection act of nineteen
seventy-four made by sections eight, eleven, thirteen, sixteen-b,  twen-

S. 6012                            54                            A. 8323

ty-seven,  twenty-eight  and thirty 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;
  (c)  the  amendments to the emergency housing rent control law made by
sections seven, fourteen and thirty-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 in subdivision 2 of section 1 of chapter 274 of the
laws of 1946;
  (d) the amendments to chapter 3 of title 26 of the administrative code
of the city of New York made by  sections  nine,  fifteen,  twenty-five,
twenty-six  and  thirty-one  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;
  (e) the amendments made by sections  fourteen  through  twenty-one  of
this act shall not be grounds for dismissal of any owner application for
deregulation  where  a notice or application for such deregulation, that
is filed or served between May 1, 2015 through July 1,  2015,  used  the
income and rent deregulation thresholds in effect prior to the effective
date  of  such sections. Any tenant failure to respond to such notice or
application because of the use of such income or deregulation thresholds
shall constitute grounds to afford such tenant an additional opportunity
to respond;
  (f) 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 twen-
ty-three  of  this act shall not affect the expiration of such paragraph
and shall expire therewith when upon such date  section  twenty-four  of
this act shall take effect;
  (g) 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 twenty-five of this act shall not affect the  expiration
and  reversion of such subparagraph and shall expire therewith when upon
such date the provisions of section twenty-six of this  act  shall  take
effect;
  (h)  the  amendments to clause (ii) of paragraph 3 of subdivision a of
section 12 of the emergency tenant protection act of  nineteen  seventy-
four  made  by  section twenty-seven of this act shall be subject to the
expiration and reversion of such clause  when  upon  such  date  section
twenty-eight of this act shall take effect;
  (i)  the  amendments to paragraph (vi) of subdivision 1 of section 284
of the multiple dwelling law made by section twenty-two-a  of  this  act
shall  not  affect  the  expiration  and reversion of such paragraph and
shall expire therewith;
  (j) the provisions of sections thirty-three, thirty-four, thirty-five,
thirty-six, thirty-seven, thirty-eight, thirty-nine,  forty,  forty-one,
forty-two,  forty-three, forty-four, forty-five, forty-six, forty-seven,
forty-eight, forty-nine and fifty of this act shall  take  effect  imme-
diately and shall be deemed to have been in full force and effect on and
after June 23, 2015;
  (k)  the  amendments to subparagraph (A) of paragraph 7 of subdivision
(ee) of section 1115 of the tax law made by section thirty-three of this
act shall not affect the repeal of such subdivision and shall be  deemed
repealed therewith;
  (l)  Provided  however  if and when the memorandum of understanding is
fully executed as provided in section 63-c of this act, the  signatories

S. 6012                            55                            A. 8323

to  the memorandum shall notify the legislative bill drafting commission
upon the execution of the memorandum of the understanding in order  that
the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of  effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law. Further, the  legislative  bill
drafting  commission  shall notify the leadership of both the Senate and
the Assembly as well as the commissioner of the division of housing  and
community  renewal,  immediately  upon receipt of a memorandum of under-
standing pursuant to this subdivision.
  (m) the provisions of sections sixty-three-k of this  act  shall  take
effect  immediately  and  shall be deemed to have been in full force and
effect on and after August 17, 2007; and
  (n) notwithstanding any other provision of law,  rule  or  regulation,
any rental or homeownership project whose commencement date has occurred
or that has submitted an application for benefits under section 421-a of
the  real  property tax law, prior to the effective date of the rent act
of 2015 shall be governed by the provision of law in effect at the  time
of such application.

                                 PART B

  Section 1. This act enacts into law major components of legislation in
relation  to  education.    Each  component is wholly contained within a
Subpart identified as Subparts A through E. 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.

                                SUBPART A

  Section  1.  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 THE SUM OF:
(A) thirty per centum of the teaching staff of a charter school, or five
teachers,  whichever  is  less;  PLUS  (B) FIVE TEACHERS OF MATHEMATICS,
SCIENCE, COMPUTER SCIENCE, TECHNOLOGY, OR CAREER  AND  TECHNICAL  EDUCA-
TION;  PLUS (C) FIVE ADDITIONAL TEACHERS.  A teacher certified or other-
wise approved by the commissioner shall not be included in the numerical
limits established by the preceding sentence.

S. 6012                            56                            A. 8323

  S 2. 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 JULY FIRST, TWO THOUSAND FIFTEEN AND COUNTED TOWARD THE  NUMER-
ICAL 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 SUBDIVISION
NINE-A OF THIS SECTION.  FIFTY OF SUCH CHARTERS ISSUED ON OR AFTER  JULY
FIRST,  TWO THOUSAND FIFTEEN, AND NO MORE, SHALL BE GRANTED TO A CHARTER
FOR A SCHOOL TO BE LOCATED IN A CITY HAVING A POPULATION OF ONE  MILLION
OR  MORE.  The  failure  of any body to issue the regulations authorized
pursuant to this article shall not affect the  authority  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 extension of a
charter APPROVED BY ANY CHARTER ENTITY, shall not be counted toward  the
numerical limits established by this subdivision.
  (B)  A  CHARTER THAT HAS BEEN SURRENDERED, REVOKED OR TERMINATED ON OR
BEFORE JULY FIRST, TWO THOUSAND FIFTEEN, INCLUDING A  CHARTER  THAT  HAS
NOT BEEN RENEWED BY ACTION OF ITS CHARTER ENTITY, MAY BE REISSUED PURSU-
ANT  TO PARAGRAPH (A) OF THIS SUBDIVISION BY THE BOARD OF REGENTS EITHER
UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE  RECOMMENDA-
TION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSU-
ANT  TO  A  COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF
THIS SECTION.  PROVIDED THAT SUCH REISSUANCE SHALL NOT BE COUNTED TOWARD
THE STATEWIDE NUMERICAL  LIMIT  ESTABLISHED  BY  THIS  SUBDIVISION,  AND
PROVIDED  FURTHER  THAT NO MORE THAN TWENTY-TWO CHARTERS MAY BE REISSUED
PURSUANT TO THIS PARAGRAPH.
  (C) FOR PURPOSES OF DETERMINING THE TOTAL NUMBER  OF  CHARTERS  ISSUED
WITHIN  THE  NUMERICAL  LIMITS  ESTABLISHED  BY  THIS  SUBDIVISION,  THE
APPROVAL DATE OF THE CHARTER ENTITY SHALL BE THE DETERMINING FACTOR.

S. 6012                            57                            A. 8323

  (D) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE TO THE CONTRARY, ANY
CHARTER AUTHORIZED TO BE ISSUED BY CHAPTER FIFTY-SEVEN OF  THE  LAWS  OF
TWO  THOUSAND  SEVEN  EFFECTIVE JULY FIRST, TWO THOUSAND SEVEN, AND THAT
REMAINS UNISSUED AS OF JULY FIRST, TWO THOUSAND FIFTEEN, MAY  BE  ISSUED
PURSUANT  TO THE PROVISIONS OF LAW APPLICABLE TO A CHARTER AUTHORIZED TO
BE ISSUED BY SUCH CHAPTER IN EFFECT AS OF JUNE FIFTEENTH,  TWO  THOUSAND
FIFTEEN;  PROVIDED  HOWEVER  THAT  NOTHING  IN  THIS  PARAGRAPH SHALL BE
CONSTRUED TO INCREASE THE NUMERICAL LIMIT APPLICABLE TO A CITY HAVING  A
POPULATION  OF  ONE MILLION OR MORE AS PROVIDED IN PARAGRAPH (A) OF THIS
SUBDIVISION, AS AMENDED BY A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
WHICH ADDED THIS PARAGRAPH.
  9-a. (a) The board of regents is hereby  authorized  and  directed  to
issue  [two]  FOUR hundred sixty charters STATEWIDE UPON EITHER APPLICA-
TIONS SUBMITTED DIRECTLY TO THE BOARD OF REGENTS OR UPON THE RECOMMENDA-
TION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursu-
ant 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.

S. 6012                            58                            A. 8323

  (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
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-

S. 6012                            59                            A. 8323

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;
  (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 3. Paragraph (b) of subdivision 2 of section 2854 of  the  education
law,  as  amended by chapter 101 of the laws of 2010, is amended 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

S. 6012                            60                            A. 8323

in  the  charter  school. PREFERENCE MAY ALSO BE PROVIDED TO CHILDREN OF
EMPLOYEES OF THE CHARTER  SCHOOL  OR  CHARTER  MANAGEMENT  ORGANIZATION,
PROVIDED  THAT  SUCH  CHILDREN  OF EMPLOYEES MAY CONSTITUTE NO MORE THAN
FIFTEEN  PERCENT  OF  THE CHARTER SCHOOL'S TOTAL ENROLLMENT. The commis-
sioner shall establish regulations to require that the random  selection
process conducted pursuant to this paragraph be performed in a transpar-
ent  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 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 4. This act shall take effect immediately.

                                SUBPART B

  Section  1.    The  sum  of  two   hundred   fifty   million   dollars
($250,000,000)  is hereby appropriated to the state education department
out of any moneys in the state treasury in the general fund to the cred-
it of the local assistance account, not otherwise appropriated, and made
immediately available, for reimbursement to non-public schools for prior
year expenses for performing state-mandated functions, including but not
limited  to  the  comprehensive  attendance  policy  program.  Provided,
further,  that  up to twenty million dollars ($20,000,000) of the amount
appropriated herein shall be available to pay additional liabilities  of
the  comprehensive attendance policy program for the 2013-14 and 2014-15
school years.  Notwithstanding any inconsistent provision of law,  funds
appropriated  herein  shall be used for such reimbursement in accordance
with a methodology recommended  by  the  commissioner  of  education  to
address prior year expenses of non-public schools for such state-mandat-
ed  functions.  Such moneys shall be payable on the audit and warrant of
the comptroller on vouchers certified or approved by the director of the
budget as submitted by the  commissioner  of  education  in  the  manner
prescribed  by  law. Notwithstanding section 40 of the state finance law
or any provision of law to the contrary, this appropriation shall  lapse
on March 31, 2017.
  S 2. This act shall take effect immediately.

                                SUBPART C

  Section 1. 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,  TEST
ANSWERS, AND CORRESPONDING CORRECT ANSWERS FROM EACH OF THE MOST RECENT-
LY  ADMINISTERED  ENGLISH  LANGUAGE ARTS AND MATHEMATICS EXAMINATIONS IN
GRADES THREE THROUGH EIGHT OF THAT YEAR. THE COMMISSIONER MAY LIMIT  THE
NUMBER OF QUESTIONS AND ANSWERS RELEASED ONLY TO THE EXTENT NECESSARY TO
AVOID  HINDERING  OR IMPAIRING THE VALIDITY AND/OR RELIABILITY OF FUTURE
EXAMINATIONS AND MUST PROVIDE ENOUGH OF AN OVERVIEW OF EACH  EXAMINATION
SO  THAT  TEACHERS, ADMINISTRATORS, PRINCIPALS, PARENTS AND STUDENTS CAN
BE PROVIDED WITH SUFFICIENT FEEDBACK ON THE TYPES OF QUESTIONS  ADMINIS-
TERED  AND, BY JULY FIRST, TWO THOUSAND FIFTEEN, AND EACH YEAR THEREAFT-
ER, THE COMMISSIONER SHALL RELEASE THE GENERAL STUDENT SUCCESS  RATE  IN
ANSWERING SUCH QUESTIONS CORRECTLY.

S. 6012                            61                            A. 8323

  S   2.  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 one 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 division of the budget as submitted by  the
commissioner of education in the manner prescribed by law.
  S  3. 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  AND  PRIOR  ACADEMIC  HISTORY AND WHICH SHALL IDENTIFY EDUCATORS
WHOSE STUDENTS' 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 ABOVE ARE TAKEN INTO  ACCOUNT;  and  (B)
for  a  teacher whose course does not end in a state-created or adminis-
tered test such teacher shall have a student  learning  objective  (SLO)
consistent  with  a  goal-setting process determined or developed by the
commissioner, that results in a student growth score; provided that, for
any teacher whose course ends in a state-created or administered assess-
ment for which there is no state-provided growth model, such  assessment
must be used as the underlying assessment for such SLO;
  S  4.  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
MATHEMATICS  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 EXPECTATIONS; 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
ADMINISTERED,  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 SUCH 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

S. 6012                            62                            A. 8323

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. 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 ITEMS ON THE ENGLISH LANGUAGE ARTS AND  MATHEMATICS  ASSESSMENTS  IN
GRADES  THREE  THROUGH  EIGHT AFTER SUCH ITEMS HAVE BEEN RELEASED BY THE
DEPARTMENT PURSUANT TO SUBDIVISION FIFTY-ONE-A OF THIS SECTION OR  AFTER
SUCH  ITEMS  HAVE  BEEN  PUBLICLY  DISCLOSED  BY THE DEPARTMENT OR OTHER
APPROPRIATE ENTITY.   THE COMMISSIONER SHALL  AMEND  AND/OR  MODIFY  ANY
CURRENT CONFIDENTIALITY AGREEMENT INCONSISTENT WITH THIS SUBDIVISION AND
SHALL PROMULGATE REGULATIONS CONSISTENT WITH THIS SUBDIVISION.
  S 5. Notwithstanding any other provision of law, rule or regulation to
the  contrary,  any  previously  entered  into contract by the education
department related to standardized test items and/or passages for use on
state assessments in grades three through  eight  shall  be  amended  to
incorporate  the provisions of section four of this act and any required
approval of such contract amendments by a state agency  shall  be  expe-
dited to ensure compliance with section four of this act.
  S  6.  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. This review shall be completed on or before June 30,  2016,
provided  however,  such  review may be extended upon a determination of
the commissioner if he or she feels more time is needed.
  S 7. 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 one of this act prior
to its effective date and provided  further  that  the  commissioner  of
education shall have thirty days from such effective date to comply with
the  provisions  of  section  one of this act; and provided further that
section four of this act shall take effect December 1, 2015.

                                SUBPART D

  Section 1. Section 34 of chapter 91 of the laws of 2002  amending  the
education  law and other laws relating to reorganization of the New York
city school construction authority, board  of  education  and  community
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] JUNE 30, 2016;
provided, further, that notwithstanding any provision of  article  5  of
the  general  construction  law,  on  [June  30, 2015] JUNE 30, 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 subdivi-
sions 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 educa-
tion law as repealed by section six of this act, paragraph (a) of subdi-
vision  2  of section 2590-b of the education law as repealed by section

S. 6012                            63                            A. 8323

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, subdivision 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  imme-
diately  preceding  the  effective  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 and other laws relating to the New York  city
board of education, chancellor, community councils, and community super-
intendents, 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] JUNE 30, 2016.
  S 3. This act shall take effect immediately.

                                SUBPART E

  Section  1. Subdivision 2 of section 11 of the domestic relations law,
as amended by chapter 264 of the laws of 1996, is  amended  to  read  as
follows:
  2. [A] THE CURRENT OR A FORMER GOVERNOR, A mayor of a village, a coun-
ty  executive of a county, or a mayor, recorder, city magistrate, police
justice or police magistrate of a city, a former mayor or the city clerk
of a city of the first class of over one million inhabitants or  any  of
his  or her deputies or not more than four regular clerks, designated by
him or her for such purpose as provided  in  section  eleven-a  of  this
[chapter]  ARTICLE,  except  that  in cities which contain more than one
hundred thousand and less than one million inhabitants, a marriage shall
be solemnized by the mayor, or police justice, and by no  other  officer
of  such  city, except as provided in subdivisions one and three of this
section.
  S 2. 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. 6012                            64                            A. 8323

  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through E of this act  shall
be as specifically set forth in the last section of such Subparts.

                                 PART C

  Section 1. This act enacts into law major components of legislation in
relation  to taxes.  Each component is wholly contained within a Subpart
identified as Subparts A through H. The effective date for each  partic-
ular  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  corre-
sponding  section  of the Subpart in which it is found. Section three of
this act sets forth the general effective date of this act.

                                SUBPART A

                         Intentionally omitted.

                                SUBPART B

  Section 1. Section 606 of the tax law  is  amended  by  adding  a  new
subsection (n-1) to read as follows:
  (N-1) PROPERTY TAX RELIEF CREDIT. (1) AN INDIVIDUAL TAXPAYER WHO MEETS
THE  ELIGIBILITY  STANDARDS IN PARAGRAPH TWO OF THIS SUBSECTION SHALL BE
ALLOWED A CREDIT AGAINST THE TAXES IMPOSED BY THIS ARTICLE IN THE AMOUNT
SPECIFIED IN PARAGRAPH THREE OF THIS SUBSECTION FOR TAX YEARS TWO  THOU-
SAND  SIXTEEN,  TWO  THOUSAND  SEVENTEEN, TWO THOUSAND EIGHTEEN, AND TWO
THOUSAND NINETEEN.
  (2) (A) TO BE ELIGIBLE FOR THE  CREDIT,  THE  TAXPAYER  (OR  TAXPAYERS
FILING  JOINT  RETURNS)  ON THE PERSONAL INCOME TAX RETURN FILED FOR THE
TAXABLE YEAR TWO YEARS PRIOR, MUST HAVE (I) BEEN A RESIDENT, (II)  OWNED
AND  PRIMARILY  RESIDED  IN  REAL  PROPERTY RECEIVING THE STAR EXEMPTION
AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL PROPERTY  TAX
LAW,  AND  (III)  HAD QUALIFIED GROSS INCOME NO GREATER THAN TWO HUNDRED
SEVENTY-FIVE THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT NO  CREDIT  SHALL
BE ALLOWED IF ANY OF THE FOLLOWING APPLY:
  (I) SUCH PROPERTY IS LOCATED IN AN INDEPENDENT SCHOOL DISTRICT THAT IS
SUBJECT  TO THE PROVISIONS OF SECTION TWO THOUSAND TWENTY-THREE-A OF THE
EDUCATION LAW AND THAT HAS ADOPTED A BUDGET IN EXCESS OF  THE  TAX  LEVY
LIMIT  PRESCRIBED  BY THAT SECTION. TO RENDER ITS TAXPAYERS ELIGIBLE FOR
THE CREDIT AUTHORIZED BY  THIS  SUBSECTION,  THE  SCHOOL  DISTRICT  MUST
CERTIFY ITS COMPLIANCE WITH SUCH TAX LEVY LIMIT IN THE MANNER PRESCRIBED
BY  SUBDIVISION TWO OF SECTION TWO THOUSAND TWENTY-THREE-B OF THE EDUCA-
TION LAW.
  (II) SUCH PROPERTY IS LOCATED  IN  A  CITY  WITH  A  DEPENDENT  SCHOOL
DISTRICT  THAT  IS  SUBJECT  TO THE PROVISIONS OF SECTION THREE-C OF THE
GENERAL MUNICIPAL LAW AND THAT HAS ADOPTED A BUDGET IN EXCESS OF THE TAX
LEVY LIMIT PRESCRIBED BY THAT SECTION. TO RENDER ITS TAXPAYERS  ELIGIBLE
FOR  THE CREDIT AUTHORIZED BY THIS SUBSECTION, THE CITY MUST CERTIFY ITS
COMPLIANCE WITH SUCH TAX LEVY LIMIT IN THE MANNER PRESCRIBED BY SUBDIVI-
SION TWO OF SECTION THREE-D OF THE GENERAL MUNICIPAL LAW.
  (III) SUCH PROPERTY IS LOCATED IN THE CITY OF NEW YORK.

S. 6012                            65                            A. 8323

  (3) AMOUNT OF CREDIT. (A) FOR THE TWO THOUSAND  SIXTEEN  TAXABLE  YEAR
(I)  FOR  A TAXPAYER RESIDING IN REAL PROPERTY LOCATED WITHIN THE METRO-
POLITAN COMMUTER TRANSPORTATION DISTRICT (MCTD) AND OUTSIDE THE CITY  OF
NEW  YORK,  THE  AMOUNT OF THE CREDIT SHALL BE $130; (II) FOR A TAXPAYER
RESIDING  IN  REAL  PROPERTY LOCATED OUTSIDE THE MCTD, THE AMOUNT OF THE
CREDIT SHALL BE $185.
  (B) FOR THE TWO THOUSAND SEVENTEEN,  TWO  THOUSAND  EIGHTEEN  AND  TWO
THOUSAND  NINETEEN TAXABLE YEARS (I) FOR A TAXPAYER WHO OWNED AND PRIMA-
RILY RESIDED IN REAL PROPERTY RECEIVING THE BASIC  STAR  EXEMPTION,  THE
AMOUNT  OF  THE  CREDIT SHALL EQUAL THE STAR TAX SAVINGS ASSOCIATED WITH
SUCH BASIC STAR EXEMPTION, MULTIPLIED BY THE FOLLOWING PERCENTAGE:
  (A) FOR THE TWO THOUSAND SEVENTEEN TAXABLE YEAR:
QUALIFIED GROSS INCOME                  PERCENTAGE
NOT OVER $75,000                        28%
OVER $75,000 BUT NOT OVER $150,000      20.5%
OVER $150,000 BUT NOT OVER $200,000     13%
OVER $200,000 BUT NOT OVER $275,000     5.5%
OVER $275,000                           NO CREDIT
  (B) FOR THE TWO THOUSAND EIGHTEEN TAXABLE YEAR:
QUALIFIED GROSS INCOME                  PERCENTAGE
NOT OVER $75,000                        60%
OVER $75,000 BUT NOT OVER $150,000      42.5%
OVER $150,000 BUT NOT OVER $200,000     25%
OVER $200,000 BUT NOT OVER $275,000     7.5%
OVER $275,000                           NO CREDIT
  (C) FOR THE TWO THOUSAND NINETEEN TAXABLE YEAR:
QUALIFIED GROSS INCOME                  PERCENTAGE
NOT OVER $75,000                        85%
OVER $75,000 BUT NOT OVER $150,000      60%
OVER $150,000 BUT NOT OVER $200,000     35%
OVER $200,000 BUT NOT OVER $275,000     10%
OVER $275,000                           NO CREDIT
  (C) FOR A TAXPAYER WHO OWNED AND PRIMARILY RESIDED  IN  REAL  PROPERTY
RECEIVING  THE  ENHANCED  STAR EXEMPTION, THE AMOUNT OF THE CREDIT SHALL
EQUAL THE STAR TAX SAVINGS ASSOCIATED WITH SUCH ENHANCED STAR EXEMPTION,
MULTIPLIED BY THE FOLLOWING PERCENTAGE:
TAXABLE YEAR                            PERCENTAGE
TWO THOUSAND SEVENTEEN                  12%
TWO THOUSAND EIGHTEEN                   26%
TWO THOUSAND NINETEEN                   34%
  (D) IN NO CASE MAY  THE  AMOUNT  OF  THE  CREDIT  ALLOWED  UNDER  THIS
SUBSECTION  EXCEED  THE  SCHOOL  DISTRICT  TAXES DUE WITH RESPECT TO THE
RESIDENCE FOR THAT SCHOOL YEAR.
  (4) FOR PURPOSES OF THIS SUBSECTION:
  (A) "QUALIFIED GROSS INCOME" MEANS THE ADJUSTED GROSS  INCOME  OF  THE
QUALIFIED  TAXPAYER  FOR THE TAXABLE YEAR AS REPORTED FOR FEDERAL INCOME
TAX PURPOSES, OR WHICH WOULD BE REPORTED AS ADJUSTED GROSS INCOME  IF  A
FEDERAL INCOME TAX RETURN WERE REQUIRED TO BE FILED. IN COMPUTING QUALI-
FIED  GROSS  INCOME, THE NET AMOUNT OF LOSS REPORTED ON FEDERAL SCHEDULE
C, D, E, OR F SHALL NOT EXCEED THREE THOUSAND DOLLARS PER  SCHEDULE.  IN
ADDITION,  THE  NET  AMOUNT OF ANY OTHER SEPARATE CATEGORY OF LOSS SHALL
NOT EXCEED THREE THOUSAND DOLLARS. THE AGGREGATE AMOUNT  OF  ALL  LOSSES
INCLUDED  IN  COMPUTING  QUALIFIED GROSS INCOME SHALL NOT EXCEED FIFTEEN
THOUSAND DOLLARS.
  (B) "STAR TAX SAVINGS" MEANS THE TAX SAVINGS ATTRIBUTABLE TO THE BASIC
OR ENHANCED STAR EXEMPTION, WHICHEVER IS APPLICABLE, WITHIN A PORTION OF

S. 6012                            66                            A. 8323

A SCHOOL DISTRICT, AS DETERMINED BY THE COMMISSIONER PURSUANT TO  SUBDI-
VISION  TWO  OF  SECTION THIRTEEN HUNDRED SIX-A OF THE REAL PROPERTY TAX
LAW.
  (C)  "METROPOLITAN  COMMUTER  TRANSPORTATION DISTRICT" OR "MCTD" MEANS
THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN  SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW.
  (5)  IF  THE  AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION SHALL
EXCEED THE TAXPAYER'S TAX FOR THE TAXABLE  YEAR,  THE  EXCESS  SHALL  BE
TREATED  AS  AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN ACCORD-
ANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS ARTI-
CLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. FOR EACH
YEAR THIS CREDIT IS ALLOWED, ON OR  BEFORE  OCTOBER  FIFTEENTH  OF  SUCH
YEAR,  OR  AS  SOON THEREAFTER AS IS PRACTICABLE, THE COMMISSIONER SHALL
DETERMINE THE TAXPAYER'S  ELIGIBILITY  FOR  THIS  CREDIT  UTILIZING  THE
INFORMATION  AVAILABLE  TO  THE  COMMISSIONER ON THE TAXPAYER'S PERSONAL
INCOME TAX RETURN FILED FOR THE TAXABLE YEAR  TWO  YEARS  PRIOR  TO  THE
TAXABLE  YEAR  IN  WHICH THE CREDIT IS ALLOWED. FOR THOSE TAXPAYERS WHOM
THE COMMISSIONER HAS DETERMINED ELIGIBLE FOR THIS  CREDIT,  THE  COMMIS-
SIONER  SHALL  ADVANCE  A  PAYMENT  IN THE AMOUNT SPECIFIED IN PARAGRAPH
THREE OF THIS SUBSECTION, WHICH PAYMENT SHALL BE ISSUED, TO THE GREATEST
EXTENT PRACTICABLE, BY OCTOBER THIRTY-FIRST OF EACH YEAR THE  CREDIT  IS
ALLOWED.    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.
  (6) A TAXPAYER SHALL NOT BE ELIGIBLE FOR THE CREDIT ALLOWED UNDER THIS
SUBSECTION IF THE SCHOOL DISTRICT TAXES LEVIED UPON THE RESIDENCE DURING
THE TAXABLE YEAR REMAIN UNPAID SIXTY DAYS AFTER THE LAST DATE  ON  WHICH
THEY  COULD  HAVE BEEN PAID WITHOUT INTEREST, OR IN THE CASE OF A SCHOOL
DISTRICT WHERE SUCH TAXES ARE PAYABLE IN  INSTALLMENTS,  IF  SUCH  TAXES
REMAIN UNPAID SIXTY DAYS AFTER THE LAST DATE ON WHICH THE FINAL INSTALL-
MENT  COULD  HAVE BEEN PAID WITHOUT INTEREST. IF THE TAXES REMAIN UNPAID
ON SUCH SIXTIETH DAY, THE AMOUNT OF CREDIT CLAIMED BY THE TAXPAYER UNDER
THIS SUBSECTION OR THE AMOUNT OF ADVANCE PAYMENT OF CREDIT  RECEIVED  BY
THE  TAXPAYER  PURSUANT  TO  PARAGRAPH  FIVE OF THIS SUBSECTION SHALL BE
ADDED BACK AS TAX ON THE INCOME TAX RETURN FOR THE TAXABLE YEAR IN WHICH
SUCH SIXTIETH DAY OCCURS.
  (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  2.  Section 3 of part K of chapter 59 of the laws of 2014, amending
the tax law relating to providing an enhanced real property tax  circuit
breaker, is amended to read as follows:
  S 3. This act shall take effect immediately and shall apply to taxable
years  beginning  on  or  after  January 1, 2014 and shall expire and be
deemed repealed January 1, [2016] 2020.
  S 3. This act shall take effect immediately.

                                SUBPART C

S. 6012                            67                            A. 8323

  Section 1. Paragraph c of subdivision  2  of  section  2023-a  of  the
education law, as added by section 2 of part A of chapter 97 of the laws
of 2011, is amended to read as follows:
  c.  "Capital local expenditures" means the taxes associated with budg-
eted expenditures resulting from the  financing,  refinancing,  acquisi-
tion, design, construction, reconstruction, rehabilitation, improvement,
furnishing  and equipping of, or otherwise providing for school district
capital facilities or school district capital equipment, including  debt
service and lease expenditures, and transportation capital debt service,
subject  to  the approval of the qualified voters where required by law.
THE COMMISSIONER OF TAXATION AND FINANCE SHALL, AS APPROPRIATE,  PROMUL-
GATE  RULES  AND REGULATIONS WHICH MAY PROVIDE FOR ADJUSTMENT OF CAPITAL
LOCAL EXPENDITURES TO REFLECT A SCHOOL DISTRICT'S  SHARE  OF  ADDITIONAL
BUDGETED CAPITAL EXPENDITURES MADE BY A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES.
  S 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section 3-c
of the general municipal law, as added by section 1 of part A of chapter
97 of the laws of 2011, is amended to read as follows:
  (i) The commissioner of taxation and finance shall calculate a quanti-
ty  change  factor  for each local government for the coming fiscal year
based upon the physical or quantity change, as defined by section twelve
hundred twenty of the real property tax law, reported to the commission-
er of taxation and finance by the  assessor  or  assessors  pursuant  to
section  five  hundred  seventy-five  of  the real property tax law. The
quantity change factor shall show the percentage by which the full value
of the taxable real property in the local government has changed due  to
physical  or quantity change between the second final assessment roll or
rolls preceding the final assessment roll or rolls upon which taxes  are
to be levied, and the final assessment roll or rolls immediately preced-
ing  the  final  assessment  roll  or  rolls  upon which taxes are to be
levied.  THE COMMISSIONER OF TAXATION AND FINANCE SHALL, AS APPROPRIATE,
PROMULGATE RULES AND REGULATIONS REGARDING THE CALCULATION OF THE  QUAN-
TITY  CHANGE FACTOR WHICH MAY ADJUST THE CALCULATION BASED ON THE DEVEL-
OPMENT ON TAX EXEMPT LAND.
  S 3. Paragraph b of subdivision 2-a of section 2023-a of the education
law, as added by section 2 of part A of chapter 97 of the laws of  2011,
is amended to read as follows:
  b. The commissioner of taxation and finance shall calculate a quantity
change  factor for the coming school year for each school district based
upon the physical or quantity  change,  as  defined  by  section  twelve
hundred twenty of the real property tax law, reported to the commission-
er  of  taxation  and  finance  by the assessor or assessors pursuant to
section five hundred seventy-five of the  real  property  tax  law.  The
quantity change factor shall show the percentage by which the full value
of  the  taxable real property in the school district has changed due to
physical or quantity change between the second final assessment roll  or
rolls  preceding the final assessment roll or rolls upon which taxes are
to be levied, and the final assessment roll or rolls immediately preced-
ing the final assessment roll or  rolls  upon  which  taxes  are  to  be
levied.  THE COMMISSIONER OF TAXATION AND FINANCE SHALL, AS APPROPRIATE,
PROMULGATE  RULES AND REGULATIONS REGARDING THE CALCULATION OF THE QUAN-
TITY CHANGE FACTOR WHICH MAY ADJUST THE CALCULATION BASED ON THE  DEVEL-
OPMENT ON TAX EXEMPT LAND.
  S  4.  Severability  clause.  If  an  amendment made by section two or
section three of this act or their  application  to  any  person,  legal
entity,  or  circumstance is held invalid by a court of competent juris-

S. 6012                            68                            A. 8323

diction, the remainder of this act or the application of such  amendment
to other persons, legal entities or circumstances shall not be affected.
  S  5.  This act shall take effect immediately; provided, however, that
sections one and three of this act shall first apply to school  district
budgets  and  the  budget  adoption process for the 2016-17 school year;
provided, further, that section two of this act shall first apply to the
levy of taxes by local governments for the fiscal year  that  begins  in
2016;  provided, further, that the amendments to paragraph c of subdivi-
sion 2 and paragraph b of subdivision  2-a  of  section  2023-a  of  the
education  law  made  by  sections  one  and three of this act shall not
affect the repeal of such section and shall be  deemed  repealed  there-
with;  provided,  further,  that  the  amendments to subparagraph (i) of
paragraph (b) of subdivision 3 of section 3-c of the  general  municipal
law  made by section two of this act shall not affect the repeal of such
section and shall be deemed repealed therewith.

                                SUBPART D

  Section 1. Clause 2 of subparagraph (i) of the  opening  paragraph  of
section  1210  of  the tax law, as amended by chapter 136 of the laws of
2013, is amended to read as follows:
  (2) the county of Nassau is hereby further authorized and empowered to
adopt and amend local laws,  ordinances  or  resolutions  imposing  such
taxes  at a rate which is three-quarters percent additional to the three
percent rate authorized above in this paragraph for such county for  the
period  beginning  January first, nineteen hundred eighty-six and ending
November thirtieth, two thousand [fifteen]  SEVENTEEN,  subject  to  the
limitation set forth in section twelve hundred sixty-two-e of this arti-
cle,  and  also  at  a  rate which is one-half percent additional to the
three percent rate authorized above in this paragraph, and which is also
additional to the three-quarters percent rate also authorized  above  in
this  clause  for such county, for the period beginning September first,
nineteen hundred ninety-one and ending November thirtieth, two  thousand
[fifteen] SEVENTEEN;
  S  2.  Section 1262-e of the tax law, as amended by chapter 136 of the
laws of 2013, is amended to read as follows:
  S 1262-e. Establishment of local  government  assistance  programs  in
Nassau  county. 1. Towns and cities. Notwithstanding any other provision
of law to the contrary, for  the  calendar  year  beginning  on  January
first, nineteen hundred ninety-eight and continuing through the calendar
year  beginning  on January first, two thousand [fifteen] SEVENTEEN, the
county of Nassau shall enact and establish a local government assistance
program for the towns and cities within such county to assist such towns
and cities to minimize real property taxes; defray the cost and  expense
of  the  treatment, collection, management, disposal, and transportation
of municipal solid waste, and to comply with the provisions  of  chapter
two  hundred  ninety-nine  of the laws of nineteen hundred eighty-three;
and defray  the  cost  of  maintaining  conservation  and  environmental
control  programs.  Such  special  assistance  program for the towns and
cities within such county and the funding for such program  shall  equal
one-third of the revenues received by such county from the imposition of
the  three-quarters  percent sales and use tax during calendar years two
thousand one, two thousand two, two thousand three, two  thousand  four,
two  thousand  five,  two thousand six, two thousand seven, two thousand
eight, two thousand nine, two thousand ten,  two  thousand  eleven,  two
thousand twelve, two thousand thirteen, two thousand fourteen [and], two

S. 6012                            69                            A. 8323

thousand fifteen, TWO THOUSAND SIXTEEN, AND TWO THOUSAND SEVENTEEN addi-
tional  to  the regular three percent rate authorized for such county in
section twelve hundred ten of this article. The monies for such  special
local  assistance  shall be paid and distributed to the towns and cities
on a per capita basis using the population figures in the latest  decen-
nial  federal census.   Provided further, that notwithstanding any other
law to the  contrary,  the  establishment  of  such  special  assistance
program shall preclude any city or town within such county from preempt-
ing  or  claiming  under  any other section of this chapter the revenues
derived from the additional tax authorized by section twelve hundred ten
of this article. Provided further, that any such town or towns  may,  by
resolution of the town board, apportion all or a part of monies received
in such special assistance program to an improvement district or special
district  account  within  such town or towns in order to accomplish the
purposes of this special assistance program.
  2. Villages. Notwithstanding any other provision of law to the contra-
ry, for the calendar year beginning on January first,  nineteen  hundred
ninety-eight and continuing through the calendar year beginning on Janu-
ary  first,  two  thousand [fifteen] SEVENTEEN, the county of Nassau, by
local law, is hereby empowered to enact and establish a local government
assistance program for the villages within such county  to  assist  such
villages to minimize real property taxes; defray the cost and expense of
the  treatment,  collection, management, disposal, and transportation of
municipal solid waste; and defray the cost of  maintaining  conservation
and environmental control programs. The funding of such local assistance
program  for  the  villages within such county may be provided by Nassau
county during any calendar year in which such village  local  assistance
program  is  in  effect  and  shall not exceed one-sixth of the revenues
received from the imposition of the three-quarters percent sales and use
tax that are remaining after the towns and cities  have  received  their
funding  pursuant  to the provisions of subdivision one of this section.
The funding for such village local assistance program shall be paid  and
distributed  to  the villages on a per capita basis using the population
figures in the latest decennial federal census. Provided  further,  that
the  establishment  of  such  village  local  assistance  program  shall
preclude any village within such  county  from  preempting  or  claiming
under  any  other  section of this chapter the revenues derived from the
additional tax authorized by section twelve hundred ten of this article.
  S 3. This act shall take effect immediately.

                                SUBPART E

  Section 1. Section 1202 of the tax law is  amended  by  adding  a  new
subdivision (g) to read as follows:
  (G)  THE  COUNTY  OF SUFFOLK, IN IMPOSING TAXES OF THE TYPE AUTHORIZED
UNDER SUBDIVISION (E) OF SECTION TWELVE HUNDRED ONE OF THIS SUBPART, MAY
IMPOSE TAXES ON THE USE OF PASSENGER MOTOR VEHICLES OF A  TYPE  COMMONLY
USED  FOR  NON-COMMERCIAL PURPOSES OWNED BY RESIDENTS OF THE COUNTY AT A
RATE PER ANNUM FOR EACH SUCH VEHICLE OF NOT IN EXCESS OF FIFTEEN DOLLARS
IF SUCH VEHICLE WEIGHS THIRTY-FIVE HUNDRED POUNDS OR  LESS  AND  NOT  IN
EXCESS  OF  THIRTY  DOLLARS  PER  ANNUM IF SUCH VEHICLE WEIGHS MORE THAN
THIRTY-FIVE HUNDRED POUNDS; AND TAXES ON THE USE OF  TRUCKS,  BUSES  AND
OTHER SUCH COMMERCIAL MOTOR VEHICLES USED PRINCIPALLY IN CONNECTION WITH
A  BUSINESS  CARRIED ON WITHIN THE COUNTY, EXCEPT WHEN OWNED AND USED IN
CONNECTION WITH THE OPERATION OF A FARM BY THE OWNER OR TENANT  THEREOF,

S. 6012                            70                            A. 8323

AT  A  RATE  PER  ANNUM FOR EACH SUCH VEHICLE OF NOT IN EXCESS OF THIRTY
DOLLARS.
  S  2.  Subparagraph  (ii) of paragraph (d) of subdivision 6 of section
401 of the vehicle and traffic law, as amended by chapter 34 of the laws
of 2004, is amended to read as follows:
  (ii) In addition to the other fees provided for in this  section,  the
commissioner shall, upon the application for the registration of a motor
vehicle  or  the renewal thereof, collect the tax of the type authorized
under subdivision (e) of section twelve hundred one of the tax law, if a
county, pursuant to subdivision (c), (e) [or], (f)  OR  (G)  of  section
twelve  hundred two of such law, enacts a local law, ordinance or resol-
ution providing for the collection of such tax by the  commissioner  and
enters into the required agreement relating thereto.
  S 3. This act shall take effect immediately.

                                SUBPART F

  Section 1. Notwithstanding any other provision of law, and in addition
to  the  powers currently authorized to be exercised by the state of New
York municipal bond bank agency, the state of New  York  municipal  bond
bank agency may provide, for purposes of municipal relief to the city of
Yonkers  to  support  public  schools  in  the city, a sum not to exceed
$25,000,000 for the city fiscal year ending June 30, 2016, to  the  city
of  Yonkers.  Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the state  of
New York mortgage agency shall transfer to the state of New York munici-
pal bond bank agency for distribution as municipal relief to the city of
Yonkers, a total sum not to exceed $25,000,000, such transfer to be made
from  (i)  the  special  account  of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law, in  an  amount
not  to  exceed  the actual excess balance in the special account of the
mortgage insurance fund, as determined and certified by the state of New
York mortgage agency for the fiscal year 2015-2016  in  accordance  with
section  2429-b  of  the  public  authorities  law,  if any, and/or (ii)
provided that the reserves in the project pool insurance account of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities  law are sufficient to attain and maintain the credit rating
(as determined by the agency) required to  accomplish  the  purposes  of
such  account, the project pool insurance account of the mortgage insur-
ance fund created pursuant to section 2429-b of the  public  authorities
law,  such transfer to be made as soon as practicable after July 1, 2015
but no later than June 30, 2016 provided, however, that no such transfer
is to be made unless and until the city of Yonkers submits a  comprehen-
sive  financial plan that provides for continuity of current educational
services and provided further that such plan is subject to the  approval
of  the director of the budget.  Notwithstanding any provision of law to
the contrary, payments made to the city of Yonkers pursuant to this  act
shall  not  be  considered  when  determining the "city amount" required
pursuant to subparagraph (ii) of paragraph (a)  of  subdivision  5-b  of
section 2576 of the education law.

                                SUBPART G

  Section  1.  The  sum  of  six  million dollars ($6,000,000) is hereby
appropriated out of any moneys in the state treasury in the general fund
to the credit of the local assistance account, not  otherwise  appropri-

S. 6012                            71                            A. 8323

ated,  and  made  available  for  services  and  expenses of the city of
Rochester which may include support for the Rochester/Monroe anti pover-
ty initiative.  Such moneys shall be payable on the audit and warrant of
the comptroller on vouchers certified or approved by the director of the
budget.
  S 2. This act shall take effect immediately.

                                SUBPART H

  Section  1.  Contingent  upon  available  funding,  and  not to exceed
$19,000,000, moneys from the  urban  development  corporation  shall  be
available  for a municipal corporation or school district, as determined
by the urban development corporation, where (i) a fossil  fuel  electric
generating  facility located within such municipal corporation or school
district has permanently ceased operations, and (ii) the closing of such
facility has caused a reduction in the tax collections and receipts from
payments in lieu of taxes of at least 20%, or any judicial determination
concerning a fossil fuel electric  generating  facility,  has  caused  a
reduction  in  the tax collections and receipts from payments in lieu of
taxes of at least 20%; provided, however,  that  the  urban  development
corporation  shall  not provide assistance to a municipal corporation or
school district for more than five years, and shall  not  award  in  the
first year more than eighty percent of the loss of revenues from proper-
ty  tax and payments in lieu of taxes due to the closure of such facili-
ty. The  total  amount  awarded  from  this  program  shall  not  exceed
$19,000,000.
  S  2.  Notwithstanding any provision of law to the contrary, as deemed
feasible and advisable by  its  trustees,  the  New  York  state  energy
research  and  development  authority  is authorized and directed to (i)
make a contribution to the Urban Development Corporation, or  as  other-
wise directed in writing by the director of the budget, in an amount not
to  exceed  $19,000,000  for  the  state fiscal year commencing April 1,
2016.
  S 3. Notwithstanding any provision of law to the contrary,  as  deemed
feasible and advisable by its trustees, the power authority of the state
of  New  York  is  authorized and directed to make a contribution to the
state treasury to the credit  of  the  general  fund,  or  as  otherwise
directed in writing by the director of the budget, in an amount of up to
$6,000,000  for  the  state  fiscal  year commencing April 1, 2015. Such
contribution shall be  in  addition  to  other  contributions  otherwise
enacted in law.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed by July 1, 2025.
  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 H of this act  shall
be as specifically set forth in the last section of such Subparts.

S. 6012                            72                            A. 8323

  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 C of this act shall  be
as specifically set forth in the last section of such Parts.

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