S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5068
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced  by  M. of A. TITUS, COOK, PERRY, BLAKE, SIMON, JOYNER, ORTIZ
   -- Multi-Sponsored by -- M. of A. DAVILA, GLICK, RIVERA --  read  once
   and referred to the Committee on Ways and Means
 
 AN ACT to amend the labor law and the tax law, in relation to establish-
   ing the New York city housing authority work tax credit program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new  section  25-d  to
 read as follows:
   §  25-D.  POWER TO ADMINISTER THE NEW YORK CITY HOUSING AUTHORITY WORK
 TAX CREDIT PROGRAM. (A) THE COMMISSIONER IS AUTHORIZED TO ESTABLISH  AND
 ADMINISTER  THE  NEW YORK CITY HOUSING AUTHORITY WORK TAX CREDIT PROGRAM
 TO PROVIDE TAX INCENTIVES TO EMPLOYERS FOR EMPLOYING  RESIDENTS  OF  NEW
 YORK  CITY  HOUSING  AUTHORITY PUBLIC HOUSING IN PART-TIME AND FULL-TIME
 JOBS OR INTERNSHIPS. THE COMMISSIONER IS AUTHORIZED TO  ALLOCATE  UP  TO
 TWENTY-FIVE MILLION DOLLARS OF TAX CREDITS.
   (B)  DEFINITIONS.  (1) THE TERM "QUALIFIED EMPLOYER" MEANS AN EMPLOYER
 IN GOOD STANDING:
   (I) THAT IS LOCATED WITHIN A REASONABLE COMMUTING DISTANCE, AS  DETER-
 MINED  BY  THE  COMMISSIONER,  FOR  RESIDENTS  OF  NEW YORK CITY HOUSING
 AUTHORITY PUBLIC HOUSING;
   (II) THAT HAS BEEN CERTIFIED BY THE COMMISSIONER AND  THE  SUPERINTEN-
 DENT  OF  FINANCIAL SERVICES TO PARTICIPATE IN THE NEW YORK CITY HOUSING
 AUTHORITY TAX CREDIT PROGRAM; AND
   (III) EMPLOYS ONE OR MORE QUALIFIED EMPLOYEES.
   (2) THE TERM "QUALIFIED EMPLOYEE" MEANS AN INDIVIDUAL:
   (I) WHO RESIDES IN NEW YORK CITY HOUSING AUTHORITY PUBLIC HOUSING; AND
   (II) WHO WILL BE WORKING FOR THE QUALIFIED EMPLOYER IN A FULL-TIME  OR
 PART-TIME  JOB  OR INTERNSHIP THAT PAYS WAGES THAT ARE EQUIVALENT TO THE
 WAGES PAID FOR SIMILAR JOBS, WITH APPROPRIATE ADJUSTMENTS FOR EXPERIENCE
 AND TRAINING, AND FOR WHICH NO OTHER EMPLOYEE HAS  BEEN  TERMINATED,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05875-01-9

 A. 5068                             2
 
 WHERE  THE  EMPLOYER HAS NOT OTHERWISE REDUCED ITS WORKFORCE BY INVOLUN-
 TARY TERMINATIONS WITH THE INTENTION OF FILLING THE VACANCY BY  CREATING
 A NEW HIRE.
   (3)  THE  TERM  "COMMUNITY-BASED  ORGANIZATION"  MEANS AN ORGANIZATION
 LOCATED IN A CITY WITH  A  POPULATION  OF  ONE  MILLION  OR  MORE  WHOSE
 SERVICES  INCLUDE,  BUT  ARE  NOT LIMITED TO, EMPLOYMENT, EDUCATION, AND
 BUSINESS RESOURCES.
   (C) A QUALIFIED EMPLOYER SHALL BE ENTITLED TO A TAX CREDIT EQUAL TO NO
 MORE THAN FIVE THOUSAND DOLLARS FOR EACH QUALIFIED EMPLOYEE THE EMPLOYER
 EMPLOYS IN A FULL-TIME JOB OR INTERNSHIP OF AT LEAST  THIRTY-FIVE  HOURS
 PER  WEEK  OR  NO  MORE  THAN TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH
 QUALIFIED EMPLOYEE THE EMPLOYER EMPLOYS IN A PART-TIME JOB OR INTERNSHIP
 OF AT LEAST TWENTY TO THIRTY-FOUR HOURS PER WEEK. THE TAX CREDITS  SHALL
 BE  CLAIMED BY THE QUALIFIED EMPLOYER AS SPECIFIED IN SUBDIVISION FIFTY-
 THREE OF SECTION TWO HUNDRED TEN-B AND SUBSECTION (JJJ) OF  SECTION  SIX
 HUNDRED SIX OF THE TAX LAW.
   (D)  TO  PARTICIPATE  IN  THE NEW YORK CITY HOUSING AUTHORITY WORK TAX
 CREDIT PROGRAM, AN EMPLOYER  MUST  SUBMIT  AN  APPLICATION  (IN  A  FORM
 PRESCRIBED  BY  THE COMMISSIONER IN CONSULTATION WITH THE SUPERINTENDENT
 OF FINANCIAL SERVICES) TO THE COMMISSIONER  AND  THE  SUPERINTENDENT  OF
 FINANCIAL SERVICES AFTER JANUARY FIRST, TWO THOUSAND TWENTY. THE COMMIS-
 SIONER,  IN  CONSULTATION WITH THE SUPERINTENDENT OF FINANCIAL SERVICES,
 SHALL ESTABLISH GUIDELINES AND CRITERIA THAT  SPECIFY  REQUIREMENTS  FOR
 EMPLOYERS  TO PARTICIPATE IN THE PROGRAM INCLUDING CRITERIA FOR CERTIFY-
 ING QUALIFIED EMPLOYEES. ANY REGULATIONS THAT  THE  COMMISSIONER  DETER-
 MINES ARE NECESSARY MAY BE ADOPTED ON AN EMERGENCY BASIS NOTWITHSTANDING
 ANYTHING  TO THE CONTRARY IN SECTION TWO HUNDRED TWO OF THE STATE ADMIN-
 ISTRATIVE PROCEDURE ACT. SUCH REQUIREMENTS  MAY  INCLUDE  THE  TYPES  OF
 INDUSTRIES  THAT  THE  EMPLOYERS  ARE  ENGAGED  IN. THE COMMISSIONER AND
 SUPERINTENDENT OF FINANCIAL SERVICES MAY GIVE  PREFERENCE  TO  EMPLOYERS
 THAT  ARE  ENGAGED  IN  DEMAND OCCUPATIONS OR INDUSTRIES, OR IN REGIONAL
 GROWTH SECTORS, INCLUDING THOSE  IDENTIFIED  BY  THE  REGIONAL  ECONOMIC
 DEVELOPMENT  COUNCILS,  SUCH AS CLEAN ENERGY, HEALTHCARE, ADVANCED MANU-
 FACTURING AND CONSERVATION. IN ADDITION,  THE  COMMISSIONER  AND  SUPER-
 INTENDENT  OF  FINANCIAL SERVICES SHALL GIVE PREFERENCE TO EMPLOYERS WHO
 OFFER ADVANCEMENT AND EMPLOYEE BENEFIT PACKAGES TO THE  QUALIFIED  INDI-
 VIDUALS.
   (E)  IF, AFTER REVIEWING THE APPLICATION SUBMITTED BY AN EMPLOYER, THE
 COMMISSIONER AND SUPERINTENDENT OF  FINANCIAL  SERVICES  DETERMINE  THAT
 SUCH  EMPLOYER  IS  ELIGIBLE TO PARTICIPATE IN THE NEW YORK CITY HOUSING
 AUTHORITY WORK TAX CREDIT PROGRAM,  THE  COMMISSIONER  SHALL  ISSUE  THE
 EMPLOYER A CERTIFICATE OF ELIGIBILITY THAT ESTABLISHES THE EMPLOYER AS A
 QUALIFIED  EMPLOYER.  THE  CERTIFICATE  OF ELIGIBILITY SHALL SPECIFY THE
 MAXIMUM AMOUNT OF NEW YORK CITY HOUSING AUTHORITY WORK TAX  CREDIT  THAT
 THE EMPLOYER WILL BE ALLOWED TO CLAIM.
   (F) THE COMMISSIONER SHALL PROVIDE THE NAMES AND ANY OTHER INFORMATION
 DEEMED  NECESSARY  OF  QUALIFIED  EMPLOYERS TO COMMUNITY-BASED ORGANIZA-
 TIONS.  SUCH COMMUNITY-BASED ORGANIZATIONS SHALL REFER QUALIFIED EMPLOY-
 EES TO APPROPRIATE QUALIFIED EMPLOYERS. QUALIFIED  EMPLOYERS  SHALL  NOT
 ASK  REFERRED  QUALIFIED  EMPLOYEES  HOW THEY QUALIFIED FOR THE NEW YORK
 CITY HOUSING AUTHORITY WORK TAX CREDIT PROGRAM.
   (G) THE COMMISSIONER SHALL ANNUALLY PUBLISH A REPORT. SUCH REPORT MUST
 CONTAIN THE NAMES AND ADDRESSES OF ANY EMPLOYER ISSUED A CERTIFICATE  OF
 ELIGIBILITY  UNDER THIS SECTION, AND THE MAXIMUM AMOUNT OF NEW YORK CITY
 HOUSING AUTHORITY WORK TAX CREDIT ALLOWED TO THE EMPLOYER  AS  SPECIFIED
 ON SUCH CERTIFICATE OF ELIGIBILITY.

 A. 5068                             3
 
   §  2. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 53 to read as follows:
   53.  NEW  YORK  CITY HOUSING AUTHORITY WORK TAX CREDIT. (A) A TAXPAYER
 THAT HAS BEEN CERTIFIED BY THE COMMISSIONER OF LABOR AND  SUPERINTENDENT
 OF  FINANCIAL SERVICES AS A QUALIFIED EMPLOYER PURSUANT TO SECTION TWEN-
 TY-FIVE-D OF THE LABOR LAW SHALL BE ALLOWED A  CREDIT  AGAINST  THE  TAX
 IMPOSED  BY THIS ARTICLE EQUAL TO NO MORE THAN FIVE THOUSAND DOLLARS FOR
 EACH QUALIFIED EMPLOYEE THE EMPLOYER  EMPLOYS  IN  A  FULL-TIME  JOB  OR
 INTERNSHIP  OF  AT  LEAST THIRTY-FIVE HOURS PER WEEK OR NO MORE THAN TWO
 THOUSAND FIVE HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE  THE  EMPLOYER
 EMPLOYS  IN  A PART-TIME JOB OR INTERNSHIP OF AT LEAST TWENTY TO THIRTY-
 FOUR HOURS PER WEEK. FOR PURPOSES OF THIS SUBDIVISION, THE TERM  "QUALI-
 FIED  EMPLOYEE"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION
 (B) OF SECTION TWENTY-FIVE-D OF THE LABOR LAW. THE PORTION OF THE CREDIT
 DESCRIBED IN THIS PARAGRAPH SHALL BE ALLOWED FOR  THE  TAXABLE  YEAR  IN
 WHICH THE WAGES ARE PAID TO THE QUALIFIED EMPLOYEE.
   (B) THE CREDIT ALLOWED UNDER THIS SUBDIVISION FOR ANY TAXABLE YEAR MAY
 NOT  REDUCE THE TAX DUE FOR THAT YEAR TO LESS THAN THE AMOUNT PRESCRIBED
 IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWO HUNDRED TEN  OF  THIS
 ARTICLE.  HOWEVER, IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBDI-
 VISION FOR ANY TAXABLE YEAR REDUCES THE TAX TO THAT  AMOUNT  OR  IF  THE
 TAXPAYER  OTHERWISE  PAYS  TAX BASED ON THE FIXED DOLLAR MINIMUM AMOUNT,
 ANY AMOUNT OF CREDIT NOT DEDUCTIBLE IN THAT TAXABLE YEAR WILL BE TREATED
 AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN  ACCORDANCE  WITH
 THE  PROVISIONS  OF  SECTION  ONE  THOUSAND  EIGHTY-SIX OF THIS CHAPTER.
 PROVIDED, HOWEVER, NO INTEREST WILL BE PAID THEREON.
   (C) THE TAXPAYER MAY BE REQUIRED TO  ATTACH  TO  ITS  TAX  RETURN  ITS
 CERTIFICATE  OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT
 TO SECTION TWENTY-FIVE-D OF THE LABOR LAW. IN NO EVENT SHALL THE TAXPAY-
 ER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT  LISTED  ON
 THE  CERTIFICATE  OF  ELIGIBILITY. NOTWITHSTANDING ANY PROVISION OF THIS
 CHAPTER TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S  DESIG-
 NEES  MAY  RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER CLAIMING THIS
 CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY  THE  TAXPAYER.  PROVIDED,
 HOWEVER,  IF  A  TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A MEMBER OF A
 LIMITED LIABILITY COMPANY OR A PARTNER IN A PARTNERSHIP, ONLY THE AMOUNT
 OF CREDIT EARNED BY THE ENTITY AND NOT THE AMOUNT OF CREDIT  CLAIMED  BY
 THE TAXPAYER MAY BE RELEASED.
   §  3. Section 606 of the tax law is amended by adding a new subsection
 (jjj) to read as follows:
   (JJJ) NEW YORK CITY HOUSING AUTHORITY WORK TAX CREDIT. (1) A  TAXPAYER
 THAT HAS BEEN CERTIFIED BY THE COMMISSIONER OF LABOR AND THE SUPERINTEN-
 DENT  OF  FINANCIAL SERVICES AS A QUALIFIED EMPLOYER PURSUANT TO SECTION
 TWENTY-FIVE-D OF THE LABOR LAW SHALL BE ALLOWED A CREDIT AGAINST THE TAX
 IMPOSED BY THIS ARTICLE EQUAL TO NO MORE THAN FIVE THOUSAND DOLLARS  FOR
 EACH  QUALIFIED  EMPLOYEE  THE  EMPLOYER  EMPLOYS  IN A FULL-TIME JOB OR
 INTERNSHIP OF AT LEAST THIRTY-FIVE HOURS PER WEEK OR NO  MORE  THAN  TWO
 THOUSAND  FIVE  HUNDRED DOLLARS FOR EACH QUALIFIED EMPLOYEE THE EMPLOYER
 EMPLOYS IN A PART-TIME JOB OR INTERNSHIP OF AT LEAST TWENTY  TO  THIRTY-
 FOUR  HOURS  PER  WEEK.  A  TAXPAYER THAT IS A PARTNER IN A PARTNERSHIP,
 MEMBER OF A LIMITED LIABILITY COMPANY OR SHAREHOLDER IN AN S CORPORATION
 THAT HAS BEEN CERTIFIED BY THE COMMISSIONER OF LABOR AND THE SUPERINTEN-
 DENT OF FINANCIAL SERVICES AS A QUALIFIED EMPLOYER PURSUANT  TO  SECTION
 TWENTY-FIVE-D  OF  THE  LABOR LAW SHALL BE ALLOWED ITS PRO RATA SHARE OF
 THE CREDIT EARNED BY THE PARTNERSHIP, LIMITED  LIABILITY  COMPANY  OR  S
 CORPORATION.  FOR  PURPOSES  OF  THIS  SUBSECTION,  THE  TERM "QUALIFIED

 A. 5068                             4
 
 EMPLOYEE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION (B) OF
 SECTION TWENTY-FIVE-D OF THE  LABOR  LAW.  THE  PORTION  OF  THE  CREDIT
 DESCRIBED  IN  THIS  PARAGRAPH  SHALL BE ALLOWED FOR THE TAXABLE YEAR IN
 WHICH THE WAGES ARE PAID TO THE QUALIFIED EMPLOYEE.
   (2)  IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION EXCEEDS
 THE TAXPAYER'S TAX FOR THE TAXABLE YEAR, ANY AMOUNT OF CREDIT NOT DEDUC-
 TIBLE IN THAT TAXABLE YEAR WILL BE TREATED AS AN OVERPAYMENT OF  TAX  TO
 BE CREDITED OR REFUNDED IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX
 HUNDRED  EIGHTY-SIX OF THIS ARTICLE. PROVIDED, HOWEVER, NO INTEREST WILL
 BE PAID THEREON.
   (3) THE TAXPAYER MAY BE REQUIRED TO  ATTACH  TO  ITS  TAX  RETURN  ITS
 CERTIFICATE  OF ELIGIBILITY ISSUED BY THE COMMISSIONER OF LABOR PURSUANT
 TO SECTION TWENTY-FIVE-D OF THE LABOR LAW. IN NO EVENT SHALL THE TAXPAY-
 ER BE ALLOWED A CREDIT GREATER THAN THE AMOUNT OF THE CREDIT  LISTED  ON
 THE  CERTIFICATE  OF  ELIGIBILITY. NOTWITHSTANDING ANY PROVISION OF THIS
 CHAPTER TO THE CONTRARY, THE COMMISSIONER AND THE COMMISSIONER'S  DESIG-
 NEES  MAY  RELEASE THE NAMES AND ADDRESSES OF ANY TAXPAYER CLAIMING THIS
 CREDIT AND THE AMOUNT OF THE CREDIT EARNED BY  THE  TAXPAYER.  PROVIDED,
 HOWEVER,  IF  A  TAXPAYER CLAIMS THIS CREDIT BECAUSE IT IS A MEMBER OF A
 LIMITED LIABILITY COMPANY, A PARTNER IN A PARTNERSHIP, OR A  SHAREHOLDER
 IN  A  SUBCHAPTER S CORPORATION, ONLY THE AMOUNT OF CREDIT EARNED BY THE
 ENTITY AND NOT THE AMOUNT OF CREDIT  CLAIMED  BY  THE  TAXPAYER  MAY  BE
 RELEASED.
   § 4. This act shall take effect immediately.