[ ] is old law to be omitted.
LBD12672-02-4
S. 8306--A 2 A. 8806--A
the effectiveness thereof; to amend chapter 756 of the laws of 1992
relating to funding a program for work force education conducted by
the consortium for worker education in New York city, in relation to
reimbursement for the 2023-2024 school year withholding a portion of
employment preparation education aid and in relation to the effective-
ness thereof; to amend the education law, in relation to the financing
of charter schools; to amend part A of chapter 56 of the laws of 2023
directing the education department to conduct a comprehensive study of
alternative tuition rate-setting methodologies for approved providers
operating school-age and preschool programs receiving state funding,
in relation to extending the date for the submission of such recommen-
dations; to amend chapter 169 of the laws of 1994, relating to certain
provisions related to the 1994-95 state operations, aid to localities,
capital projects and debt service budgets, in relation to the effec-
tiveness thereof; to amend chapter 97 of the laws of 2011, amending
the education law relating to census reporting, in relation to the
effectiveness thereof; providing for special apportionment for salary
expenses; providing for special apportionment for public pension
accruals; providing for set-asides from the state funds which certain
districts are receiving from the total foundation aid; and providing
for support of public libraries; to repeal certain provisions of the
education law relating to phase-in foundation increase; and to repeal
certain provisions of the education law relating to foundation aid
(Part A); to amend the education law, in relation to establishing
evidence-based reading instructional best practices for students
attending prekindergarten through grade three (Part B); to amend the
education law, in relation to directing the commissioner of education
to require the completion of a FAFSA or a waiver of such requirement
and requires school districts issue annual reports on students
completing the FAFSA and the waiver (Part C); to amend the education
law, in relation to eligibility for unrestricted aid to independent
colleges and universities (Part D); to amend the education law, in
relation to ensuring informational coordination between state educa-
tional agencies (Part E); to amend chapter 260 of the laws of 2011
amending the education law and the New York state urban development
corporation act relating to establishing components of the NY-SUNY
2020 challenge grant program, in relation to the effectiveness thereof
(Part F); to amend part N of chapter 56 of the laws of 2020, amending
the social services law relating to restructuring financing for resi-
dential school placements, in relation to the effectiveness thereof
(Part G); to amend the social services law, in relation to increasing
the standards of monthly need for aged, blind and disabled persons
living in the community (Part H); to amend the family court act and
the domestic relations law, in relation to establishment and modifica-
tion of child support orders (Part I); to amend the labor law, in
relation to nursing employees' right to express breast milk (Part J);
to amend the labor law, in relation to limiting liquidated damages in
certain frequency of pay violations (Part K); to amend the labor law,
in relation to civil penalties for violations of certain provisions
for the payment of wages (Part L); to amend chapter 25 of the laws of
2020, relating to providing requirements for sick leave and the
provision of certain employee benefits when such employee is subject
to a mandatory or precautionary order of quarantine or isolation due
to COVID-19, in relation to providing for the expiration and repeal of
such provisions (Part M); to utilize reserves in the mortgage insur-
ance fund for various housing purposes (Part N); to amend the criminal
S. 8306--A 3 A. 8806--A
procedure law and the penal law, in relation to the crime of deed
theft; to amend the real property actions and proceedings law, in
relation to the partition of heirs' property; and to amend the real
property law, in relation to allowing transfer on death deeds (Part
O); relating to the conveyance and use of real property owned and
maintained by the State University of New York at Farmingdale (Subpart
A); relating to the conveyance and use of real property owned and
maintained by the State University of New York at Stony Brook (Subpart
B); and relating to the conveyance and use of real property owned and
maintained by the New York State Department of Transportation (Subpart
C) (Part P); to amend the multiple dwelling law, in relation to
authorizing a city of one million or more to remove the cap on the
floor area ratio of certain dwellings (Part Q); to amend the labor law
and the real property tax law, in relation to the exemption from real
property taxation of certain multiple dwellings in a city having a
population of one million or more (Part R); to amend the multiple
dwelling law, in relation to establishing a program to address the
legalization of specified basement and cellar dwelling units and the
conversion of other specified basement and cellar dwelling units in a
city with a population of one million or more (Part S); to amend the
real property tax law, in relation to eligible multiple dwellings
under the affordable New York housing program (Part T); and to amend
the real property tax law and the labor law, in relation to enacting
the affordable neighborhoods for New Yorkers tax incentive (Part U)
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
necessary to implement the state education, labor, housing and family
assistance budget for the 2024-2025 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through U. 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 effective date of the
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2023, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
S. 8306--A 4 A. 8806--A
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
S. 8306--A 5 A. 8806--A
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand twenty-one--two thousand twenty-two school year;
and provided further that, a school district that submitted a contract
for excellence for the two thousand twenty-two--two thousand twenty-
S. 8306--A 6 A. 8806--A
three school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-three--two thousand twenty-four school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty-two--
two thousand twenty-three school year; AND PROVIDED FURTHER THAT, A
SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, UNLESS ALL
SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT
A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
TWENTY-FIVE SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS OF
SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR;
provided, however, that, in a city school district in a city having a
population of one million or more, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section, the
contract for excellence shall provide for the expenditure as set forth
in subparagraph (v) of paragraph a of subdivision two of this section.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" shall be calculated as the sum of one minus the quotient of the sum
of the school district's net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten, making appropriations for the support of
government, plus the school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand eleven, making appropriations
for the support of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of two thou-
sand eleven, making appropriations for the local assistance budget,
including support for general support for public schools. Provided,
further, that such amount shall be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school year or to support new or expanded allowable
programs and activities in the current year.
§ 2. The opening paragraph of subdivision 4 of section 3602 of the
education law, as amended by section 9-b of part CCC of chapter 59 of
the laws of 2018, is amended to read as follows:
In addition to any other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the SUM OF THE TRANSITION
ADJUSTMENT PLUS THE product of total aidable foundation pupil units
multiplied by the district's selected foundation aid, which shall be the
greater of five hundred dollars ($500) or foundation formula aid[,
provided, however that for the two thousand seven--two thousand eight
through two thousand eight--two thousand nine school years, no school
district shall receive total foundation aid in excess of the sum of the
total foundation aid base for aid payable in the two thousand seven--two
thousand eight school year computed pursuant to subparagraph (i) of
paragraph j of subdivision one of this section, plus the phase-in foun-
dation increase computed pursuant to paragraph b of this subdivision,
S. 8306--A 7 A. 8806--A
and provided further that for the two thousand twelve--two thousand
thirteen school year, no school district shall receive total foundation
aid in excess of the sum of the total foundation aid base for aid paya-
ble in the two thousand eleven--two thousand twelve school year computed
pursuant to subparagraph (ii) of paragraph j of subdivision one of this
section, plus the phase-in foundation increase computed pursuant to
paragraph b of this subdivision, and provided further that for the two
thousand thirteen--two thousand fourteen school year and thereafter, no
school district shall receive total foundation aid in excess of the sum
of the total foundation aid base computed pursuant to subparagraph (ii)
of paragraph j of subdivision one of this section, plus the phase-in
foundation increase computed pursuant to paragraph b of this subdivi-
sion, and provided further that for the two thousand sixteen--two thou-
sand seventeen school year, no eligible school districts shall receive
total foundation aid in excess of the sum of the total foundation aid
base computed pursuant to subparagraph (ii) of paragraph j of subdivi-
sion one of this section plus the sum of (A) the phase-in foundation
increase, (B) the executive foundation increase with a minimum increase
pursuant to paragraph b-2 of this subdivision, and (C) an amount equal
to "COMMUNITY SCHOOLS AID" in the computer listing produced by the
commissioner in support of the executive budget request for the two
thousand sixteen--two thousand seventeen school year and entitled
"BT161-7", where (1) "eligible school district" shall be defined as a
district with (a) an unrestricted aid increase of less than seven
percent (0.07) and (b) a three year average free and reduced price lunch
percent greater than fifteen percent (0.15), and (2) "unrestricted aid
increase" shall mean the quotient arrived at when dividing (a) the sum
of the executive foundation aid increase plus the gap elimination
adjustment for the base year, by (b) the difference of foundation aid
for the base year less the gap elimination adjustment for the base year,
and (3) "executive foundation increase" shall mean the difference of (a)
the amounts set forth for each school district as "FOUNDATION AID" under
the heading "2016-17 ESTIMATED AIDS" in the school aid computer listing
produced by the commissioner in support of the executive budget request
for the two thousand sixteen--two thousand seventeen school year and
entitled "BT161-7" less (b) the amounts set forth for each school
district as "FOUNDATION AID" under the heading "2015-16 BASE YEAR AIDS"
in such computer listing and provided further that total foundation aid
shall not be less than the product of the total foundation aid base
computed pursuant to paragraph j of subdivision one of this section and
the due-minimum percent which shall be, for the two thousand twelve--two
thousand thirteen school year, one hundred and six-tenths percent
(1.006) and for the two thousand thirteen--two thousand fourteen school
year for city school districts of those cities having populations in
excess of one hundred twenty-five thousand and less than one million
inhabitants one hundred and one and one hundred and seventy-six thou-
sandths percent (1.01176), and for all other districts one hundred and
three-tenths percent (1.003), and for the two thousand fourteen--two
thousand fifteen school year one hundred and eighty-five hundredths
percent (1.0085), and for the two thousand fifteen--two thousand sixteen
school year, one hundred thirty-seven hundredths percent (1.0037),
subject to allocation pursuant to the provisions of subdivision eighteen
of this section and any provisions of a chapter of the laws of New York
as described therein, nor more than the product of such total foundation
aid base and one hundred fifteen percent for any school year other than
the two thousand seventeen--two thousand eighteen school year, provided,
S. 8306--A 8 A. 8806--A
however, that for the two thousand sixteen--two thousand seventeen
school year such maximum shall be no more than the sum of (i) the prod-
uct of such total foundation aid base and one hundred fifteen percent
plus (ii) the executive foundation increase and plus (iii) "COMMUNITY
SCHOOLS AID" in the computer listing produced by the commissioner in
support of the executive budget request for the two thousand sixteen--
two thousand seventeen school year and entitled "BT161-7" and provided
further that for the two thousand nine--two thousand ten through two
thousand eleven--two thousand twelve school years, each school district
shall receive total foundation aid in an amount equal to the amount
apportioned to such school district for the two thousand eight--two
thousand nine school year pursuant to this subdivision]. Total aidable
foundation pupil units shall be calculated pursuant to paragraph g of
subdivision two of this section. For the purposes of calculating aid
pursuant to this subdivision, aid for the city school district of the
city of New York shall be calculated on a citywide basis.
§ 3. Subparagraphs 1 and 4 of paragraph a of subdivision 4 of section
3602 of the education law, as amended by section 9-b of part CCC of
chapter 59 of the laws of 2018, are amended to read as follows:
(1) The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of special education and
general education in successful school districts, provided that the
foundation amount shall be adjusted annually to reflect the EIGHT-YEAR
AVERAGE OF THE percentage increase in the consumer price index as
defined by paragraph hh of subdivision one of this section[, provided
that for the two thousand eight--two thousand nine school year, for the
purpose of such adjustment, the percentage increase in the consumer
price index shall be deemed to be two and nine-tenths percent (0.029),
and provided further that the foundation amount for the two thousand
seven--two thousand eight school year shall be five thousand two hundred
fifty-eight dollars, and provided further that for the two thousand
seven--two thousand eight through two thousand seventeen--two thousand
eighteen school years, the foundation amount shall be further adjusted
by the phase-in foundation percent established pursuant to paragraph b
of this subdivision] FOR THE TEN MOST RECENT CALENDAR YEARS EXCLUDING
THE HIGHEST AND LOWEST VALUES.
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
prior to the base year in accordance with such provisions, divided by
three[, provided however that for the two thousand seven--two thousand
eight school year, such local tax factor shall be sixteen thousandths
S. 8306--A 9 A. 8806--A
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such local tax factor shall be one hundred
fifty-four ten thousandths (0.0154)]. The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) [and provided however that such income wealth index shall not be
more than ninety-five percent (0.95) for the two thousand eight--two
thousand nine school year, and provided further that such income wealth
index shall not be less than zero for the two thousand thirteen--two
thousand fourteen school year]. The selected actual valuation shall be
calculated pursuant to paragraph c of subdivision one of this section.
Total wealth foundation pupil units shall be calculated pursuant to
paragraph h of subdivision two of this section.
§ 4. Paragraph b of subdivision 4 of section 3602 of the education law
is REPEALED and a new paragraph b is added to read as follows:
B. TRANSITION ADJUSTMENT. THE TRANSITION ADJUSTMENT SHALL EQUAL THE
PRODUCT OF (1) THE STATE SHARING RATIO FOR TOTAL FOUNDATION AID FOR THE
TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AS
DEFINED IN PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION, BUT NOT
LESS THAN FIVE TENTHS (0.5), MULTIPLIED BY (2) THE POSITIVE DIFFERENCE,
IF ANY, OF (I) THE TOTAL AMOUNT A DISTRICT WAS ELIGIBLE TO RECEIVE IN
THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR
PURSUANT TO THIS SUBDIVISION LESS (II) THE PRODUCT OF TOTAL AIDABLE
FOUNDATION PUPIL UNITS MULTIPLIED BY THE DISTRICT'S SELECTED FOUNDATION
AID FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
YEAR COMPUTED PURSUANT TO THIS SUBDIVISION, AS SET FORTH ON THE COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST FOR THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE
SCHOOL YEAR AND ENTITLED "BT242-5".
§ 5. Paragraph d of subdivision 4 of section 3602 of the education
law, as amended by section 6 of part YYY of chapter 59 of the laws of
2019, is amended to read as follows:
d. For the two thousand fourteen--two thousand fifteen through two
thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN-
TY-NINE school years a city school district of a city having a popu-
lation of one million or more may use amounts apportioned pursuant to
this subdivision for afterschool programs.
§ 6. Paragraphs b-2, b-3, b-4, f, g, h, i and j of subdivision 4 of
section 3602 of the education law are REPEALED.
§ 7. Paragraph k of subdivision 4 of section 3602 of the education law
is REPEALED.
§ 8. The undesignated closing paragraph of subdivision 3 of section
3602 of the education law, as added by section 13 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
Such result shall be expressed as a decimal carried to three places
without rounding, but shall not be greater than ninety hundredths nor
less than zero, PROVIDED, HOWEVER, THAT FOR THE PURPOSE OF COMPUTING THE
STATE SHARING RATIO FOR TOTAL FOUNDATION AID IN THE TWO THOUSAND TWEN-
TY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, SUCH
RESULT SHALL NOT BE GREATER THAN NINETY-ONE HUNDREDTHS.
§ 9. Intentionally omitted.
§ 10. Paragraph j of subdivision 1 of section 3602 of the education
law is amended by adding a new subparagraph (iii) to read as follows:
S. 8306--A 10 A. 8806--A
(III) THE TOTAL FOUNDATION AID BASE FOR AID PAYABLE IN THE TWO THOU-
SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND THEREAFTER, AND FOR AID
CALCULATIONS FOR SUBSEQUENT SCHOOL YEARS BASED ON AID PAYABLE IN SUCH
SCHOOL YEARS, SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE ON OR
AFTER JULY FIRST OF THE SCHOOL YEAR FOLLOWING THE LAST SCHOOL YEAR IN
WHICH THE COMMISSIONER MAY LAST ACCEPT AND CERTIFY FOR PAYMENT ANY ADDI-
TIONAL CLAIM FOR SUCH SCHOOL YEAR PURSUANT TO PARAGRAPH A OF SUBDIVISION
FIVE OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS PART.
§ 11. Subparagraphs 2 and 3 of paragraph b of subdivision 6-f of
section 3602 of the education law, as added by section 19 of part H of
chapter 83 of the laws of 2002, are amended to read as follows:
(2) is a construction emergency project to remediate emergency situ-
ations which arise in public school buildings and threaten the health
and/or safety of building occupants, as a result of the unanticipated
discovery of asbestos or other hazardous substances during construction
work on a school or significant damage caused by a fire, snow storm, ice
storm, excessive rain, high winds, flood or a similar catastrophic event
which results in the necessity for immediate repair[; and/or
(3) if bonded pursuant to paragraph j of subdivision six of this
section, would cause a city school district in a city having a popu-
lation of less than one hundred twenty-five thousand inhabitants to
exceed ninety-five percent of its constitutional debt limit provided,
however, that any debt issued pursuant to paragraph c of section 104.00
of the local finance law shall not be included in such calculation].
§ 12. The opening paragraph of subdivision 2 of section 3623-a of
education law, as added by section 86 of chapter 474 of the laws of
1996, is amended to read as follows:
Allowable transportation capital, debt service and lease expense shall
include base year expenditures [for:] AS DESCRIBED IN THIS SUBDIVISION,
NET OF REVENUE RECEIVED WITH THE EXPRESS PURPOSE OF FUNDING SUCH EXPEND-
ITURES AS PRESCRIBED BY THE COMMISSIONER, EXCEPT AS PROVIDED IN PARA-
GRAPH D OF SUBDIVISION THREE OF THIS SECTION.
§ 13. Subdivision 3 of section 3623-a of the education law is amended
by adding added a new paragraph d to read as follows:
D. (1) FOR AID PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND
TWENTY-FIVE SCHOOL YEAR AND THEREAFTER, NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, APPROVED TRANSPORTATION CAPITAL, DEBT SERVICE, AND
LEASE EXPENSES FOR APPORTIONMENTS TO SCHOOL DISTRICTS UNDER SUBDIVISION
SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE
THE FINAL VALUE OF ANY VOUCHERS PAID ON BEHALF OF A SCHOOL DISTRICT,
PAYMENTS, AND GRANTS AUTHORIZED PURSUANT TO SECTION 58-0701 OF THE ENVI-
RONMENTAL CONSERVATION LAW FOR COSTS ASSOCIATED WITH THE PURCHASE OF OR
CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE.
(2) IN THE CASE OF ALLOWABLE EXPENSES FOR TRANSPORTATION CAPITAL, DEBT
SERVICE, OR LEASES WHICH ARE RELATED TO COSTS ASSOCIATED WITH THE
PURCHASE OF OR CONVERSION TO ZERO-EMISSION SCHOOL BUSES AND SUPPORTING
INFRASTRUCTURE AND WHICH ARE SUPPORTED IN WHOLE OR IN PART BY VOUCHERS,
PAYMENTS, OR GRANTS AUTHORIZED UNDER SECTION 58-0701 OF THE ENVIRON-
MENTAL CONSERVATION LAW, SUCH ALLOWABLE EXPENSES AT THE TIME IN WHICH
THE EXPENSE IS CLAIMED FOR AID SHALL NOT EXCEED THE SUM OF (I) THE PROD-
UCT OF THE TRANSPORTATION AID RATIO CALCULATED PURSUANT TO SUBDIVISION
SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE MULTIPLIED BY
ALLOWABLE EXPENSES, PLUS (II) THE FINAL VALUE OF ANY SUCH VOUCHERS PAID
ON BEHALF OF A SCHOOL DISTRICT, PAYMENTS, AND GRANTS AUTHORIZED UNDER
SECTION 58-0701 OF THE ENVIRONMENTAL CONSERVATION LAW.
S. 8306--A 11 A. 8806--A
(3) THE ENTITY AUTHORIZED TO PROVIDE STATE ASSISTANCE PAYMENTS OR
GRANTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0703 OF THE ENVIRON-
MENTAL CONSERVATION LAW SHALL PROVIDE TO THE COMMISSIONER A LIST OF
GRANTS AWARDED AND PAYMENTS TO EACH SCHOOL DISTRICT OR VOUCHERS PAID ON
BEHALF OF A SCHOOL DISTRICT FOR THE PURCHASE OF OR CONVERSION TO ZERO-
EMISSION SCHOOL BUSES AND SUPPORTING INFRASTRUCTURE NO LATER THAN ONE
MONTH PRIOR TO THE END OF EACH CALENDAR YEAR AND EACH SCHOOL YEAR. THIS
LIST SHALL INCLUDE THE TYPE AND NUMBER OF ZERO-EMISSION SCHOOL BUSES TO
BE FUNDED BY THESE PAYMENTS OR GRANTS, THE SUPPORTING INFRASTRUCTURE TO
BE FUNDED BY THESE PAYMENTS OR GRANTS, THE AWARD AMOUNTS OF EACH PAYMENT
OR GRANT, THE DIRECT RECIPIENT OF EACH PAYMENT OR GRANT, THE DISTRICT
RECEIVING SUCH PAYMENT OR GRANT OR THAT BENEFITTED FROM SUCH VOUCHER,
THE DATE ON WHICH THE PAYMENT OR GRANT WAS RECEIVED, AND ANY OTHER
INFORMATION NECESSARY FOR THE CALCULATION OF AID PURSUANT TO SUBDIVISION
SEVEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE.
§ 14. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 10 of part A of chapter 56 of the laws of
2023, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-three] TWENTY-FOUR--two thousand
[twenty-four] TWENTY-FIVE school year, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21
ESTIMATED AIDS" in the school aid computer listing produced by the
commissioner in support of the budget for the two thousand twenty--two
thousand twenty-one school year and entitled "SA202-1", and such appor-
tionment shall be deemed to satisfy the state obligation to provide an
apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
§ 15. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 11 of part A of chapter 56 of the
laws of 2023, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen through two
thousand [twenty-three] TWENTY-FOUR--two thousand [twenty-four] TWENTY-
FIVE school year equal to the greater of (1) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two thousand
S. 8306--A 12 A. 8806--A
ten school year and entitled "SA0910" or (2) the amount set forth for
such school district as "HIGH TAX AID" under the heading "2013-14 ESTI-
MATED AIDS" in the school aid computer listing produced by the commis-
sioner in support of the executive budget for the 2013-14 fiscal year
and entitled "BT131-4".
§ 16. Paragraph d of subdivision 10 of section 3602-e of the education
law, as amended by section 23-c of part A of chapter 56 of the laws of
2021, is amended to read as follows:
d. Notwithstanding any other provision of this section, apportionments
under this section greater than the amounts provided in the two thousand
sixteen--two thousand seventeen school year shall only be used to
supplement and not supplant current local expenditures of [state or]
local funds on prekindergarten programs and the number of eligible full-
day four-year-old prekindergarten pupils and eligible full-day three-
year-old prekindergarten pupils in such programs from such sources.
Current local expenditures shall include any local expenditures of
[state or] local funds used to supplement or extend services provided
directly or via contract to eligible children enrolled in a universal
prekindergarten program pursuant to this section.
§ 17. Subdivision 13 of section 3602-ee of the education law, as added
by section 1 of part CC of chapter 56 of the laws of 2014, is amended to
read as follows:
13. Apportionments under this section shall only be used to supplement
and not supplant current local expenditures of federal[, state] or local
funds on pre-kindergarten programs and the number of slots in such
programs from such sources. Current local expenditures shall include any
local expenditures of federal[, state] or local funds used to supplement
or extend services provided directly or via contract to eligible chil-
dren enrolled in a universal pre-kindergarten program pursuant to
section thirty-six hundred two-e of this part.
§ 18. Subdivision 16 of section 3602-ee of the education law, as
amended by section 16 of part A of chapter 56 of the laws of 2023, is
amended to read as follows:
16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
[twenty-four] TWENTY-FIVE; provided that the program shall continue and
remain in full effect.
§ 19. Paragraphs a and b of subdivision 16 of section 3641 of the
education law, as added by section 2 of part C of chapter 56 of the laws
of 2014, subparagraph 3 of paragraph b as amended by section 3 of part
YYY of chapter 59 of the laws of 2017, are amended to read as follows:
a. Definitions. The following terms, whenever used or referred to in
this subdivision, unless the context indicates otherwise, shall have the
following meanings:
(1) "Bonds" shall mean general obligation bonds issued pursuant to the
"smart schools bond act of 2014" in accordance with article VII of the
New York state constitution and article five of the state finance law.
[(2) "Smart schools review board" shall mean a body comprised of the
chancellor of the state university of New York, the director of the
budget, and the commissioner, or their respective designees.
(3)] (2) "Smart schools investment plan" shall mean a document
prepared by a school district setting forth the smart schools project or
projects to be undertaken with such district's smart schools allocation.
[(4)] (3) "Smart schools project" shall mean a capital project as set
forth and defined in subparagraphs FOUR, five, six[,] OR seven [or
eight] of this paragraph.
S. 8306--A 13 A. 8806--A
[(5)] (4) "Pre-kindergarten or transportable classroom unit (TCU)
replacement project" shall mean a capital project which, as a primary
purpose, expands the availability of adequate and appropriate instruc-
tional space for pre-kindergarten or provides for the expansion or
construction of adequate and appropriate instructional space to replace
TCUs.
[(6)] (5) "Community connectivity project" shall mean a capital
project which, as a primary purpose, expands high-speed broadband or
wireless internet connectivity in the local community, including school
buildings and campuses, for enhanced educational opportunity in the
state.
[(7)] (6) "Classroom technology project" shall mean a capital project
to expand high-speed broadband or wireless internet connectivity solely
for school buildings and campuses, or to acquire learning technology
hardware for schools, classrooms, and student use, including but not
limited to whiteboards, computer servers, desktop computers, laptop
computers, and tablet computers.
[(8)] (7) "School safety and security technology project" shall mean a
capital project to install high-tech security features in school build-
ings and on school campuses, including but not limited to video surveil-
lance, emergency notification systems and physical access controls, for
enhanced educational opportunity in the state.
[(9)] (8) "Selected school aid" shall mean the sum of the amounts set
forth as "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES", "SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION INCL
SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSITIONAL",
"ACADEMIC ENHANCEMENT", "HIGH TAX AID", and "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2013-14 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the execu-
tive budget proposal for the two thousand fourteen-fifteen school year.
[(10)] (9) "Smart schools allocation" shall mean, for each school
district, the product of (i) two billion dollars ($2,000,000,000) multi-
plied by (ii) the quotient of such school district's selected school aid
divided by the total selected school aid to all school districts.
b. Smart schools investment plans. (1) [The smart schools review
board] SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE
COMMISSIONER shall issue guidelines setting forth required components
and eligibility criteria for smart schools investment plans to be
submitted by school districts. Such guidelines shall include but not be
limited to: (i) a timeline for school district submission of smart
schools investment plans; (ii) any requirements for the use of available
state procurement options where applicable; (iii) any limitations on the
amount of a district's smart schools allocation that may be used for
assets with a short probable life; and (iv) the loan of smart schools
classroom technology pursuant to section seven hundred fifty-five of
this chapter.
(2) No school district shall be entitled to a smart schools grant
until such district shall have submitted a smart schools investment plan
to the [smart schools review board] DEPARTMENT and received [such
board's] THE COMMISSIONER'S approval of such investment plan. In devel-
oping such investment plan, school districts shall consult with parents,
teachers, students, community members and other stakeholders.
(3) The [smart schools review board] COMMISSIONER shall review all
smart schools investment plans for compliance with all eligibility
criteria and other requirements set forth in the guidelines. The [smart
S. 8306--A 14 A. 8806--A
schools review board] COMMISSIONER may approve or reject such plans, or
may return such plans to the school district for modifications; provided
that notwithstanding any inconsistent provision of law, the [smart
schools review board] COMMISSIONER shall approve no such plan first
submitted to the department on or after April fifteenth, two thousand
seventeen, unless such plan calculates the amount of classroom technolo-
gy to be loaned to students attending nonpublic schools pursuant to
section seven hundred fifty-five of this chapter in a manner that
includes the amount budgeted by the school district for servers, wire-
less access points and other portable connectivity devices to be
acquired as part of a school connectivity project. Upon approval, the
smart schools project or projects described in the investment plan shall
be eligible for smart schools grants. A smart schools project included
in a school district's smart schools investment plan shall not require
separate approval of the commissioner unless it is part of a school
construction project required to be submitted for approval of the
commissioner pursuant to section four hundred eight of this chapter
and/or subdivision six of section thirty-six hundred two of this arti-
cle. Any department, agency or public authority shall provide the [smart
schools review board] DEPARTMENT with any information it requires to
fulfill its duties pursuant to this subdivision.
(4) Any amendments or supplements to a smart schools investment plan
shall be submitted to the [smart schools review board] DEPARTMENT for
approval, and shall not take effect until such approval is granted.
§ 20. Section 34 of chapter 91 of the laws of 2002 amending the educa-
tion 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 364 of the laws of 2022, is amended to read as
follows:
§ 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, [2024] 2028 provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2024] 2028 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by section three of this act,
subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
S. 8306--A 15 A. 8806--A
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
§ 21. 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, as amended by chapter 364 of the laws of 2022, 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, [2024] 2028.
§ 22. Paragraph a of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended to read
as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
S. 8306--A 16 A. 8806--A
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight school year and thereafter] PRIOR TO
THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, the
commissioner shall certify no payment to a school district based on a
claim submitted later than one year after the close of such school year.
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER, THE
COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR.
Provided, however, no payments shall be barred or reduced where such
payment is required as a result of a final audit of the state. [It is
further provided that, until June thirtieth, nineteen hundred ninety-
six, the commissioner may grant a waiver from the provisions of this
section for any school district if it is in the best educational inter-
ests of the district pursuant to guidelines developed by the commission-
er and approved by the director of the budget.] IT IS FURTHER PROVIDED
THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED
ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED
FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX
HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND
FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND TWENTY-
THREE--TWO THOUSAND TWENTY-FOUR AND TWO THOUSAND TWENTY-FOUR--TWO THOU-
SAND TWENTY-FIVE SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT
TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS
SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR
THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE STATE FISCAL YEAR
AND ENTITLED "BT242-5", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED
FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX
HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF
THIS CHAPTER FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
§ 23. The opening paragraph of section 3609-a of the education law, as
amended by section 18 of part A of chapter 56 of the laws of 2023, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand twenty-three--two thousand twenty-four
school year, "moneys apportioned" shall mean the lesser of (i) the sum
of one hundred percent of the respective amount set forth for each
S. 8306--A 17 A. 8806--A
school district as payable pursuant to this section in the school aid
computer listing for the current year produced by the commissioner in
support of the budget which includes the appropriation for the general
support for public schools for the prescribed payments and individual-
ized payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from apportionment payable pursuant to this chapter for
collection of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision five of section ninety-seven-
nnnn of the state finance law, less any grants provided pursuant to
subdivision twelve of section thirty-six hundred forty-one of this arti-
cle, or (ii) the apportionment calculated by the commissioner based on
data on file at the time the payment is processed; provided however,
that for the purposes of any payments made pursuant to this section
prior to the first business day of June of the current year, moneys
apportioned shall not include any aids payable pursuant to subdivisions
six and fourteen, if applicable, of section thirty-six hundred two of
this part as current year aid for debt service on bond anticipation
notes and/or bonds first issued in the current year or any aids payable
for full-day kindergarten for the current year pursuant to subdivision
nine of section thirty-six hundred two of this part. The definitions of
"base year" and "current year" as set forth in subdivision one of
section thirty-six hundred two of this part shall apply to this section.
[For aid payable in the two thousand twenty-three--two thousand twenty-
four school year, reference to such "school aid computer listing for the
current year" shall mean the printouts entitled "SA232-4".] FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I)
THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR
EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL
AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER
IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRI-
ATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED
PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE
CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL
YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO CURRENT YEAR AIDS
PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF THIS
PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS CHAP-
TER FOR COLLECTION OF A SCHOOL DISTRICT BASIC CONTRIBUTION AS DEFINED IN
SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBPARAGRAPH TWO-A OF PARAGRAPH B
OF SUBDIVISION FOUR OF SECTION NINETY-TWO-C OF THE STATE FINANCE LAW,
LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISIONS SIX OF SECTION NINE-
TY-SEVEN-NNNN OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSU-
ANT TO SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF
THIS ARTICLE, OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER
BASED ON DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED
HOWEVER, THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS
SECTION PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR,
S. 8306--A 18 A. 8806--A
MONEYS APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDI-
VISIONS SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED
TWO OF THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTIC-
IPATION NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS
PAYABLE FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO
SUBDIVISION NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. FOR AID
PAYABLE IN THE TWO THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL
YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT
YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT242-5".
§ 24. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 22 of part YYY of chapter 59 of the laws of
2019, is amended to read as follows:
b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstand-
ing any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through two
thousand [twenty-three] TWENTY-EIGHT--two thousand [twenty-four] TWEN-
TY-NINE.
§ 25. Subdivision 6 of section 4402 of the education law, as amended
by section 23 of part YYY of chapter 59 of the laws of 2019, is amended
to read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [twenty-four] TWENTY-NINE,
be authorized to increase class sizes in special classes containing
students with disabilities whose age ranges are equivalent to those of
students in middle and secondary schools as defined by the commissioner
for purposes of this section by up to but not to exceed one and two
tenths times the applicable maximum class size specified in regulations
of the commissioner rounded up to the nearest whole number, provided
that in a city school district having a population of one million or
more, classes that have a maximum class size of fifteen may be increased
by no more than one student and provided that the projected average
class size shall not exceed the maximum specified in the applicable
regulation, provided that such authorization shall terminate on June
S. 8306--A 19 A. 8806--A
thirtieth, two thousand. Such authorization shall be granted upon filing
of a notice by such a board of education with the commissioner stating
the board's intention to increase such class sizes and a certification
that the board will conduct a study of attendance problems at the
secondary level and will implement a corrective action plan to increase
the rate of attendance of students in such classes to at least the rate
for students attending regular education classes in secondary schools of
the district. Such corrective action plan shall be submitted for
approval by the commissioner by a date during the school year in which
such board increases class sizes as provided pursuant to this subdivi-
sion to be prescribed by the commissioner. Upon at least thirty days
notice to the board of education, after conclusion of the school year in
which such board increases class sizes as provided pursuant to this
subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
§ 26. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 38 of part YYY of chapter 59 of the
laws of 2019, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2024] 2029 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2024] 2029;
§ 27. Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
20 of part A of chapter 56 of the laws of 2023, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, reimbursement for the 2021--2022 school
year shall not exceed 56.0 percent of the lesser of such approvable
costs per contact hour or sixteen dollars and forty cents per contact
hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
percent of the lesser of such approvable costs per contact hour or
sixteen dollars and sixty cents per contact hour, [and] reimbursement
for the 2023--2024 school year shall not exceed 54.7 percent of the
lesser of such approvable costs per contact hour or seventeen dollars
and seventy cents per contact hour, AND REIMBURSEMENT FOR THE 2024--2025
SCHOOL YEAR SHALL NOT EXCEED 56.6 PERCENT OF THE LESSER OF SUCH APPROVA-
BLE COSTS PER CONTACT HOUR OR NINETEEN DOLLARS AND TEN CENTS PER CONTACT
S. 8306--A 20 A. 8806--A
HOUR, and where a contact hour represents sixty minutes of instruction
services provided to an eligible adult. Notwithstanding any other
provision of law to the contrary, for the 2018--2019 school year such
contact hours shall not exceed one million four hundred sixty-three
thousand nine hundred sixty-three (1,463,963); for the 2019--2020 school
year such contact hours shall not exceed one million four hundred
forty-four thousand four hundred forty-four (1,444,444); for the
2020--2021 school year such contact hours shall not exceed one million
four hundred six thousand nine hundred twenty-six (1,406,926); for the
2021--2022 school year such contact hours shall not exceed one million
four hundred sixteen thousand one hundred twenty-two (1,416,122); for
the 2022--2023 school year such contact hours shall not exceed one
million four hundred six thousand nine hundred twenty-six (1,406,926);
[and] for the 2023--2024 school year such contact hours shall not exceed
one million three hundred forty-two thousand nine hundred seventy-five
(1,342,975); AND FOR THE 2024--2025 SCHOOL YEAR SUCH CONTACT HOURS SHALL
NOT EXCEED ONE MILLION SIXTY-THREE THOUSAND EIGHT HUNDRED TWENTY-NINE
(1,063,829). Notwithstanding any other provision of law to the contrary,
the apportionment calculated for the city school district of the city of
New York pursuant to subdivision 11 of section 3602 of the education law
shall be computed as if such contact hours provided by the consortium
for worker education, not to exceed the contact hours set forth herein,
were eligible for aid in accordance with the provisions of such subdivi-
sion 11 of section 3602 of the education law.
§ 28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion cc to read as follows:
CC. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2024-25 SCHOOL YEAR. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
§ 29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 22 of part A of
chapter 56 of the laws of 2023, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2024] 2025.
§ 30. Paragraph (d) of subdivision 1 of section 2856 of the education
law, as amended by section 36-c of part A of chapter 56 of the laws of
2021, is amended to read as follows:
(d) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
thereafter. Provided that for expenses incurred in the two thousand
twenty--two thousand twenty-one school year, for a city school district
in a city having a population of one million or more, the annual appor-
tionment shall be reduced by thirty-five million dollars ($35,000,000)
upon certification by the director of the budget of the availability of
S. 8306--A 21 A. 8806--A
a grant in the same amount from the elementary and secondary school
emergency relief funds provided through the American rescue plan act of
2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
§ 31. Paragraph (c) of subdivision 1 of section 2856 of the education
law, as amended by section 36-d of part A of chapter 56 of the laws of
2021, is amended to read as follows:
(c) School districts shall be eligible for an annual apportionment
equal to the amount of the supplemental basic tuition for the charter
school in the base year for the expenses incurred in the two thousand
fourteen--two thousand fifteen, two thousand fifteen--two thousand
sixteen, two thousand sixteen--two thousand seventeen school years and
thereafter. Provided that for expenses incurred in the two thousand
twenty--two thousand twenty-one school year, for a city school district
in a city having a population of one million or more, the annual appor-
tionment shall be reduced by thirty-five million dollars ($35,000,000)
upon certification by the director of the budget of the availability of
a grant in the same amount from the elementary and secondary school
emergency relief funds provided through the American rescue plan act of
2021 (P.L. 117-2). PROVIDED FURTHER THAT FOR EXPENSES INCURRED IN THE
TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR, FOR A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, THE ANNUAL APPORTIONMENT SHALL BE REDUCED BY THIRTY-FIVE MILLION
DOLLARS ($35,000,000) UPON CERTIFICATION BY THE DIRECTOR OF THE BUDGET
OF THE AVAILABILITY OF A GRANT IN THE SAME AMOUNT FROM THE ELEMENTARY
AND SECONDARY SCHOOL EMERGENCY RELIEF FUNDS PROVIDED THROUGH THE AMERI-
CAN RESCUE PLAN ACT OF 2021 (P.L. 117-2).
§ 32. Subdivision 3 of section 27 of part A of chapter 56 of the laws
of 2023 directing the education department to conduct a comprehensive
study of alternative tuition rate-setting methodologies for approved
providers operating school-age and preschool programs receiving state
funding, is amended to read as follows:
3. The state education department shall present its recommendations
and analysis to the governor, the director of the division of the budg-
et, the temporary president of the senate, the speaker of the assembly,
the chairperson of the senate finance committee, and the chairperson of
the assembly ways and means committee no later than July 1, [2025] 2027.
Adoption of any alternative rate-setting methodologies shall be subject
to the approval of the director of the division of the budget.
§ 33. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 23 of part A of chapter 56 of the laws of 2022, is amended to
read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
S. 8306--A 22 A. 8806--A
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2024] 2029.
§ 34. Section 26 of subpart F of part C of chapter 97 of the laws of
2011 amending the education law relating to census reporting, as amended
by section 46 of part YYY of chapter 59 of the laws of 2019, is amended
to read as follows:
§ 26. This act shall take effect immediately provided, however, that
the provisions of section three of this act shall expire June 30, [2024]
2029 when upon such date the provisions of such section shall be deemed
repealed; provided, further that the provisions of sections eight, elev-
en, twelve, thirteen and twenty of this act shall expire July 1, 2014
when upon such date the provisions of such sections shall be deemed
repealed.
§ 35. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2025 and not later than the last day of the third full
business week of June 2025, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2025, for salary expenses incurred between April 1 and
June 30, 2024 and such apportionment shall not exceed the sum of (a) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (b)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (c) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (d) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision one of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
S. 8306--A 23 A. 8806--A
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions one and two of this section shall first be deducted from
the following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
§ 36. Special apportionment for public pension accruals. 1. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2025, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2025 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision one of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions one and two of this section shall first be deducted from
S. 8306--A 24 A. 8806--A
the following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
§ 37. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
1. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2024--2025 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
2. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (a) any instructional or
instructional support costs associated with the operation of a magnet
school; or (b) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
S. 8306--A 25 A. 8806--A
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
3. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2024--2025 school year, and
for any city school district in a city having a population of more than
one million, the set-aside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2024--2025 school year, it is further provided that any city school
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
4. For the purpose of teacher support for the 2024--2025 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 38. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2024 enacting
the aid to localities budget shall be apportioned for the 2024--2025
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of such chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2024--2025
by a chapter of the laws of 2024 enacting the aid to localities budget
S. 8306--A 26 A. 8806--A
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 39. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the case may be, to any other
person or circumstance, 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 judgment shall have
been rendered.
§ 40. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2024, provided,
however, that:
1. sections one, two, three, four, five, six, eight, ten, twelve,
thirteen, fourteen, fifteen, sixteen, seventeen, eighteen, twenty-three,
twenty-four, twenty-five, twenty-nine and thirty-seven of this act shall
take effect July 1, 2024;
2. section seven of this act shall take effect July 1, 2025;
3. the amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York City made by sections twenty-seven and
twenty-eight of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith; and
4. the amendments to paragraph (d) of subdivision 1 of section 2856 of
the education law made by section thirty of this act shall be subject to
the expiration and reversion of such subdivision pursuant to subdivision
d of section 27 of chapter 378 of the laws of 2007, as amended, when
upon such date the provisions of section thirty-one of this act shall
take effect.
PART B
Section 1. The education law is amended by adding a new section 818 to
read as follows:
§ 818. EVIDENCE-BASED AND SCIENTIFICALLY BASED READING INSTRUCTION. 1.
(A) ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-FOUR, THE COMMISSIONER
SHALL PROVIDE SCHOOL DISTRICTS WITH THE INSTRUCTIONAL BEST PRACTICES FOR
THE TEACHING OF READING TO STUDENTS IN PREKINDERGARTEN THROUGH GRADE
THREE. INSTRUCTIONAL BEST PRACTICES FOR THE TEACHING OF READING SHALL
BE EVIDENCE-BASED AND SCIENTIFICALLY BASED, FOCUSING ON READING COMPE-
TENCY IN THE AREAS OF PHONEMIC AWARENESS, PHONICS, VOCABULARY DEVELOP-
MENT, READING FLUENCY, COMPREHENSION, INCLUDING BACKGROUND KNOWLEDGE,
ORAL LANGUAGE AND WRITING, ORAL SKILL DEVELOPMENT, AND ALIGN WITH THE
CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK. SUCH INSTRUCTIONAL
BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE COMMISSIONER WHERE
APPROPRIATE.
(B) ALL SCHOOL DISTRICTS IN THE STATE SHALL ANNUALLY REVIEW THEIR
CURRICULUM AND INSTRUCTIONAL PRACTICES IN THE SUBJECT OF READING FOR
STUDENTS IN PREKINDERGARTEN THROUGH GRADE THREE TO ENSURE THAT THEY
S. 8306--A 27 A. 8806--A
ALIGN WITH THE READING INSTRUCTIONAL BEST PRACTICES ISSUED BY THE
COMMISSIONER, AND THAT ALL EARLY READING INSTRUCTIONAL PRACTICES AND
INTERVENTIONS ARE PART OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT
READING OUTCOMES IN PREKINDERGARTEN THROUGH GRADE THREE.
2. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(A) "CULTURALLY RESPONSIVE-SUSTAINING (CR-S) FRAMEWORK" MEANS A FRAME-
WORK THAT PROMOTES LEARNING ENVIRONMENTS THAT AFFIRM RACIAL, LINGUISTIC,
AND CULTURAL IDENTITIES; ENGAGES STUDENTS WITH RIGOROUS, SUPPORTIVE
INSTRUCTION; DEVELOPS THEIR ABILITIES TO CONNECT ACROSS LINES OF DIFFER-
ENCE; ELEVATES HISTORICALLY MARGINALIZED VOICES; AND EMPOWERS STUDENTS
AS AGENTS OF SOCIAL CHANGE.
(B) "EVIDENCE-BASED AND SCIENTIFICALLY BASED" MEANS AN INTERDISCIPLI-
NARY BODY OF RESEARCH THAT DESCRIBES HOW READING AND WRITING SKILLS AND
COMPETENCIES DEVELOP FROM PREKINDERGARTEN THROUGH SECONDARY EDUCATION
AND PROVIDES EVIDENCE-BASED GUIDANCE TO INFORM CURRICULUM AND PEDAGOGY.
(C) "PHONEMIC AWARENESS" MEANS THE ABILITY TO NOTICE, THINK ABOUT AND
MANIPULATE INDIVIDUAL SOUNDS IN SPOKEN SYLLABLES AND WORDS.
(D) "COMPREHENSION" MEANS A FUNCTION OF WORD RECOGNITION SKILLS AND
LANGUAGE COMPREHENSION SKILLS AND SHALL INCLUDE HAVING SUFFICIENT BACK-
GROUND INFORMATION AND VOCABULARY FOR THE READER TO UNDERSTAND THE WORDS
IN FRONT OF THEM. IT ALSO INCLUDES THE ACTIVE PROCESS THAT REQUIRES
INTENTIONAL THINKING, DURING WHICH MEANING IS CONSTRUCTED THROUGH INTER-
ACTIONS BETWEEN THE TEXT AND THE READER. COMPREHENSION SKILLS ARE TAUGHT
EXPLICITLY BY DEMONSTRATING, EXPLAINING, MODELING AND IMPLEMENTING
SPECIFIC COGNITIVE STRATEGIES TO HELP BEGINNING READERS DERIVE MEANING
THROUGH INTENTIONAL, PROBLEM-SOLVING THINKING PROCESSES.
(E) "READING FLUENCY" MEANS THE ABILITY TO READ WORDS, PHRASES, AND
SENTENCES ACCURATELY, AT AN APPROPRIATE SPEED, AND WITH EXPRESSION.
(F) "VOCABULARY DEVELOPMENT" MEANS THE PROCESS OF ACQUIRING NEW WORDS
AND INCLUDES IMPROVING ALL AREAS OF COMMUNICATION, INCLUDING LISTENING,
SPEAKING, READING, AND WRITING, WHICH IS DIRECTLY RELATED TO SCHOOL
ACHIEVEMENT AND IS A STRONG PREDICTOR FOR READING SUCCESS.
3. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-FIVE, AND ON OR
BEFORE SEPTEMBER FIRST OF EACH YEAR THEREAFTER, ALL SCHOOL DISTRICTS IN
THE STATE SHALL CERTIFY TO THE COMMISSIONER THAT THEIR CURRICULUM AND
INSTRUCTIONAL STRATEGIES AND TEACHER PROFESSIONAL DEVELOPMENT IN THE
SUBJECT OF READING IN PREKINDERGARTEN THROUGH GRADE THREE ALIGN WITH ALL
OF THE ELEMENTS OF THE INSTRUCTIONAL BEST PRACTICES ISSUED BY THE
COMMISSIONER PURSUANT TO THIS SECTION.
4. COMPLIANCE WITH THIS SECTION SHALL BE SUBJECT TO REVIEW BY THE
COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS TITLE AND BY
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
§ 2. This act shall take effect immediately.
PART C
Section 1. Section 305 of the education law is amended by adding a new
subdivision 61 to read as follows:
61. A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER SHALL REQUIRE EACH SCHOOL DISTRICT TO OBTAIN DOCUMENTATION
REFLECTING ONE OF THE FOLLOWING FROM THE PARENT OR GUARDIAN OF EACH
STUDENT OR, IF THE STUDENT IS EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY
EMANCIPATED, SUCH STUDENT, DURING THE SCHOOL YEAR IN WHICH THE STUDENT
IS A SENIOR ENROLLED IN SUCH SCHOOL DISTRICT: (1) CERTIFICATION OF
COMPLETION AND SUBMISSION OF EITHER THE FREE APPLICATION FOR FEDERAL
S. 8306--A 28 A. 8806--A
STUDENT AID (FAFSA) FOR SUCH STUDENT OR, IF APPLICABLE, THE JOSE PERALTA
NEW YORK STATE DREAM ACT APPLICATION; OR (2) COMPLETION OF A WAIVER FORM
PROMULGATED BY THE DEPARTMENT, TO BE FILED WITH THE STUDENT'S SCHOOL
DISTRICT INDICATING THAT THE PARENT OR GUARDIAN OR, IF THE STUDENT IS
EIGHTEEN YEARS OF AGE OR OLDER OR LEGALLY EMANCIPATED, THE STUDENT,
UNDERSTANDS WHAT THE FAFSA IS AND HAS CHOSEN NOT TO FILE AN APPLICATION
PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH ONE OF THIS PARAGRAPH. FOR
PURPOSES OF SUBPARAGRAPH ONE OF THIS PARAGRAPH, THE REQUIRED CERTIF-
ICATION SHALL NOT DESIGNATE WHICH TYPE OF APPLICATION WAS SUBMITTED BY
THE PARENT, GUARDIAN, OR STUDENT.
B. ON AND AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE, EACH SCHOOL
DISTRICT SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING DATA FOR
ALL SENIORS ENROLLED IN SUCH SCHOOL DISTRICT, AGGREGATED BY HIGH SCHOOL:
(1) THE TOTAL NUMBER OF STUDENTS CERTIFIED TO HAVE SUBMITTED EITHER THE
FREE APPLICATION FOR FEDERAL STUDENT AID (FAFSA) OR, IF APPLICABLE, THE
JOSE PERALTA NEW YORK STATE DREAM ACT APPLICATION; (2) THE NUMBER OF
STUDENTS WHO COMPLETED A WAIVER PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION; AND (3) THE TOTAL NUMBER OF SENIORS ENROLLED.
C. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
TO IMPLEMENT THIS SUBDIVISION, INCLUDING REQUIRING EACH SCHOOL DISTRICT
TO GIVE NOTICE, NO LESS THAN FOUR TIMES DURING EACH SCHOOL YEAR, WITH AN
EXPLANATION TO EACH HIGH SCHOOL SENIOR OF THE STATE-SPONSORED SCHOLAR-
SHIPS, FINANCIAL AID AND ASSISTANCE AVAILABLE TO STUDENTS ATTENDING
COLLEGE OR POST-SECONDARY EDUCATION, AND TO PROVIDE ACCESS AND/OR REFER-
RALS TO SUPPORT OR ASSISTANCE NECESSARY FOR COMPLETION OF THE FAFSA.
§ 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
PART D
Section 1. The opening paragraph of paragraph (a) of subdivision 2 of
section 6401 of the education law, as amended by chapter 717 of the laws
of 1981, is amended to read as follows:
Notwithstanding the provisions of any other law, in order to qualify
for state aid apportionments pursuant to this section, any institution
of higher education must meet either the requirements set forth in
subparagraphs (i) through [(v)] (VI) of this paragraph or, in the alter-
native, the requirements set forth in paragraph (b) of this subdivision:
§ 2. Paragraph (a) of subdivision 2 of section 6401 of the education
law is amended by adding a new subparagraph (vi) to read as follows:
(VI) THE INSTITUTION MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS THAN
SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED ON THE MOST
RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY
EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA-
TION ACT OF 1965, AS AMENDED, AND REPORTED BY THE DEPARTMENT OF
EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
§ 3. Paragraph (b) of subdivision 2 of section 6401 of the education
law is amended by adding a new subparagraph (vi) to read as follows:
(VI) THE SPONSORING COLLEGE MUST HAVE TOTAL ENDOWMENT ASSETS OF LESS
THAN SEVEN HUNDRED FIFTY MILLION DOLLARS ($750,000,000), BASED ON THE
MOST RECENT ACADEMIC YEAR DATA COLLECTED IN THE INTEGRATED POSTSECONDARY
EDUCATION DATA SYSTEM, AS REQUIRED UNDER TITLE IV OF THE HIGHER EDUCA-
S. 8306--A 29 A. 8806--A
TION ACT OF 1965, AS AMENDED, AND REPORTED BY THE DEPARTMENT OF
EDUCATION'S NATIONAL CENTER FOR EDUCATION STATISTICS.
§ 4. Subdivision 3 of section 6401 of the education law, as amended by
chapter 361 of the laws of 2014, is amended to read as follows:
3. Degree awards. The amount of such annual apportionment to each
institution meeting the requirements of subdivision two of this section
shall be computed by multiplying by not to exceed six hundred dollars
the number of earned associate degrees, by not to exceed one thousand
five hundred dollars the number of earned bachelor's degrees, by not to
exceed nine hundred fifty dollars the number of earned master's degrees,
and by not to exceed four thousand five hundred fifty dollars the number
of earned doctorate degrees, conferred by such institution during the
twelve-month period next preceding the annual period for which such
apportionment is made, provided that there shall be excluded from any
such computation the number of degrees earned by students with respect
to whom state aid other than that established by this section or section
sixty-four hundred one-a of this article is granted directly to the
institution, and provided further that, except as otherwise provided in
this subdivision, the amount apportioned for an associate degree shall
be awarded only to two year institutions qualifying under subdivision
two of this section. The regents shall promulgate rules defining and
classifying professional degrees for the purposes of this section.
Institutions qualifying for state aid pursuant to the provisions of
paragraph (b) of subdivision two of this section shall, for purposes of
this subdivision, be deemed to be the institutions which confer degrees.
For purposes of this subdivision, a two-year institution which has
received authority to confer bachelor degrees shall continue to be
considered a two-year institution until such time as it has actually
begun to confer the bachelor's degree. Thereafter, notwithstanding any
other provision of law to the contrary, an institution which was former-
ly a two-year institution for the purposes of this section and which was
granted authority by the regents to confer bachelor degrees, (a) such
authority having been granted after the first day of June, nineteen
hundred ninety-three, but before the first day of July, nineteen hundred
ninety-three, (b) such authority having been granted after the first day
of May, two thousand five, but before the first day of June, two thou-
sand five, (c) such authority having been granted after the first day of
April, two thousand nine, but before the first day of May, two thousand
nine, or (d) such authority having been granted after the first day of
December, two thousand nine, but before the first day of January, two
thousand ten, may elect to continue to receive awards for earned associ-
ate degrees. Should such institution so elect, it shall not be eligible
during the time of such election to receive awards for earned bachelor's
degrees. NOTWITHSTANDING THE PRECEDING PROVISIONS OF THIS SUBDIVISION,
IN THE EVENT THAT THE TOTAL AMOUNT OF SUCH ANNUAL APPORTIONMENTS TO ALL
INSTITUTIONS MEETING THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION
WOULD OTHERWISE EXCEED THE TOTAL AMOUNT APPROPRIATED FOR UNRESTRICTED
AID TO INDEPENDENT COLLEGES AND UNIVERSITIES, THE ANNUAL APPORTIONMENT
TO EACH SUCH INSTITUTION SHALL BE REDUCED PROPORTIONALLY.
§ 5. This act shall take effect July 1, 2024.
PART E
Section 1. Paragraph d of subdivision 7 of section 2-d of the educa-
tion law, as added by section 1 of subpart L of part AA of chapter 56 of
the laws of 2014, is amended to read as follows:
S. 8306--A 30 A. 8806--A
d. Nothing in this section shall limit the administrative use of
student data or teacher or principal data by a person acting exclusively
in the person's capacity as an employee of an educational agency or of
the state or any of its political subdivisions, any court or the federal
government that is otherwise required by law. NOTHING IN THIS SECTION
SHALL LIMIT THE SHARING OF STUDENT DATA WITH THE NEW YORK STATE HIGHER
EDUCATION SERVICES CORPORATION, THE STATE UNIVERSITY OF NEW YORK, OR THE
CITY UNIVERSITY OF NEW YORK FOR EDUCATIONAL PURPOSES PURSUANT TO THE
PROVISIONS OF THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT, 20 U.S.C.
SECTION 1232G.
§ 2. Section 655 of the education law is amended by adding a new
subdivision 9-a to read as follows:
9-A. TO PROVIDE TO ANY STATE EDUCATIONAL AUTHORITY SUCH ASSISTANCE AND
DATA AS THE PRESIDENT DEEMS NECESSARY FOR PURPOSES OF FINANCIAL AID
PROGRAM EVALUATION.
§ 3. This act shall take effect immediately.
PART F
Section 1. Section 16 of chapter 260 of the laws of 2011 amending the
education law and the New York state urban development corporation act
relating to establishing components of the NY-SUNY 2020 challenge grant
program, as amended by section 4 of part DD of chapter 56 of the laws of
2021, is amended to read as follows:
§ 16. This act shall take effect July 1, 2011; provided [that sections
one, two, three, four, five, six, eight, nine, ten, eleven, twelve and
thirteen of this act shall expire 13 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided further] that sections fourteen and fifteen of this act
shall expire 5 years after such effective date when upon such date [the]
SUCH provisions [of this act] shall be deemed repealed.
§ 2. This act shall take effect immediately.
PART G
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part V of
chapter 56 of the laws of 2023, is amended to read as follows:
§ 3. This act shall take effect immediately [and shall expire and be
deemed repealed April 1, 2024]; provided however that the amendments to
subdivision 10 of section 153 of the social services law made by section
one of this act, shall not affect the expiration of such subdivision and
shall be deemed to expire therewith.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2024.
PART H
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part Z of chapter 56 of the laws of 2023, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$175.00] $181.00 for each month beginning on or after
January first, two thousand [twenty-three] TWENTY-FOUR.
S. 8306--A 31 A. 8806--A
(b) in the case of each individual receiving residential care, an
amount equal to at least [$202.00] $208.00 for each month beginning on
or after January first, two thousand [twenty-three] TWENTY-FOUR.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$241.00] $249.00 for each month
beginning on or after January first, two thousand [twenty-three] TWEN-
TY-FOUR.
(d) for the period commencing January first, two thousand [twenty-
four] TWENTY-FIVE, the monthly personal needs allowance shall be an
amount equal to the sum of the amounts set forth in subparagraphs one
and two of this paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [twenty-four] TWENTY-FIVE, but prior to June thirtieth, two
thousand [twenty-four] TWENTY-FIVE, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
Z of chapter 56 of the laws of 2023, are amended to read as follows:
(a) On and after January first, two thousand [twenty-three] TWENTY-
FOUR, for an eligible individual living alone, [$1,001.00] $1,030.00;
and for an eligible couple living alone, [$1,475.00] $1,519.00.
(b) On and after January first, two thousand [twenty-three] TWENTY-
FOUR, for an eligible individual living with others with or without
in-kind income, [$937.00] $966.00; and for an eligible couple living
with others with or without in-kind income, [$1,417.00] $1,461.00.
(c) On and after January first, two thousand [twenty-three] TWENTY-
FOUR, (i) for an eligible individual receiving family care, [$1,180.48]
$1,209.48 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving family care in the city of New York or the
county of Nassau, Suffolk, Westchester or Rockland, two times the amount
set forth in subparagraph (i) of this paragraph; or (iii) for an eligi-
ble individual receiving such care in any other county in the state,
[$1,142.48] $1,171.48; and (iv) for an eligible couple receiving such
care in any other county in the state, two times the amount set forth in
subparagraph (iii) of this paragraph.
(d) On and after January first, two thousand [twenty-three] TWENTY-
FOUR, (i) for an eligible individual receiving residential care,
[$1,349.00] $1,378.00 if he or she is receiving such care in the city of
New York or the county of Nassau, Suffolk, Westchester or Rockland; and
(ii) for an eligible couple receiving residential care in the city of
New York or the county of Nassau, Suffolk, Westchester or Rockland, two
times the amount set forth in subparagraph (i) of this paragraph; or
(iii) for an eligible individual receiving such care in any other county
in the state, [$1,319.00] $1,348.00; and (iv) for an eligible couple
receiving such care in any other county in the state, two times the
amount set forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [twenty-three] TWENTY-
FOUR, (i) for an eligible individual receiving enhanced residential
care, [$1,608.00] $1,637.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
S. 8306--A 32 A. 8806--A
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-four] TWENTY-
FIVE but prior to June thirtieth, two thousand [twenty-four]
TWENTY-FIVE.
§ 3. This act shall take effect December 31, 2024.
PART I
Section 1. Clause (iv) of subparagraph 5 of paragraph (b) of subdivi-
sion 1 of section 413 of the family court act, as amended by chapter 567
of the laws of 1989, is amended to read as follows:
(iv) at the discretion of the court, the court may attribute or impute
income from[,] such other resources as may be available to the parent,
including, but not limited to:
(A) non-income producing assets,
(B) meals, lodging, memberships, automobiles or other perquisites that
are provided as part of compensation for employment to the extent that
such perquisites constitute expenditures for personal use, or which
expenditures directly or [indirecly] INDIRECTLY confer personal economic
benefits,
(C) fringe benefits provided as part of compensation for employment,
and
(D) money, goods, or services provided by relatives and friends;
IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO
THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN-
MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE
LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT
ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY
SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
ANT TO THIS CLAUSE;
§ 2. Clause (iv) of subparagraph 5 of paragraph (b) of subdivision 1-b
of section 240 of the domestic relations law, as added by chapter 567 of
the laws of 1989, is amended to read as follows:
(iv) at the discretion of the court, the court may attribute or impute
income from[,] such other resources as may be available to the parent,
including, but not limited to:
(A) non-income producing assets,
(B) meals, lodging, memberships, automobiles or other perquisites that
are provided as part of compensation for employment to the extent that
such perquisites constitute expenditures for personal use, or which
expenditures directly or [indirecly] INDIRECTLY confer personal economic
benefits,
(C) fringe benefits provided as part of compensation for employment,
and
(D) money, goods, or services provided by relatives and friends;
IN DETERMINING THE AMOUNT OF INCOME THAT MAY BE ATTRIBUTED OR IMPUTED,
THE COURT SHALL CONSIDER THE SPECIFIC CIRCUMSTANCES OF THE PARENT, TO
THE EXTENT KNOWN, INCLUDING SUCH FACTORS AS THE PARENT'S ASSETS, RESI-
S. 8306--A 33 A. 8806--A
DENCE, EMPLOYMENT AND EARNING HISTORY, JOB SKILLS, EDUCATIONAL ATTAIN-
MENT, LITERACY, AGE, HEALTH, CRIMINAL RECORD AND OTHER EMPLOYMENT BARRI-
ERS, RECORD OF SEEKING WORK, THE LOCAL JOB MARKET, THE AVAILABILITY OF
EMPLOYERS WILLING TO HIRE THE PARENT, PREVAILING EARNINGS LEVEL IN THE
LOCAL COMMUNITY, AND OTHER RELEVANT BACKGROUND FACTORS SUCH AS THE AGE,
NUMBER, NEEDS, AND CARE OF THE CHILDREN COVERED BY THE CHILD SUPPORT
ORDER. ATTRIBUTION OR IMPUTATION OF INCOME SHALL BE ACCOMPANIED BY
SPECIFIC WRITTEN FINDINGS IDENTIFYING THE BASIS OR BASES FOR SUCH DETER-
MINATION UTILIZING FACTORS REQUIRED OR PERMITTED TO BE CONSIDERED PURSU-
ANT TO THIS CLAUSE;
§ 3. Paragraph (k) of subdivision 1 of section 413 of the family court
act, as amended by chapter 567 of the laws of 1989, is amended to read
as follows:
(k) When a party has defaulted and/or the court is otherwise presented
with insufficient evidence to determine gross income, [the court shall
order child support based upon the needs or standard of living of the
child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON
AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
THIS SUBDIVISION. Such order may be retroactively modified upward, with-
out a showing of change in circumstances.
§ 4. Paragraph (k) of subdivision 1-b of section 240 of the domestic
relations law, as added by chapter 567 of the laws of 1989, is amended
to read as follows:
(k) When a party has defaulted and/or the court is otherwise presented
with insufficient evidence to determine gross income, [the court shall
order child support based upon the needs or standard of living of the
child, whichever is greater] THE SUPPORT OBLIGATION SHALL BE BASED ON
AVAILABLE INFORMATION ABOUT THE SPECIFIC CIRCUMSTANCES OF THE PARENT, IN
ACCORDANCE WITH CLAUSE (IV) OF SUBPARAGRAPH FIVE OF PARAGRAPH (B) OF
THIS SUBDIVISION. Such order may be retroactively modified upward, with-
out a showing of change in circumstances.
§ 5. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1 of
section 413 of the family court act, as amended by chapter 313 of the
laws of 2019, is amended to read as follows:
(v) an amount imputed as income based upon the parent's former
resources or income, if the court determines that a parent has reduced
resources or income in order to reduce or avoid the parent's obligation
for child support; provided that incarceration shall not be considered
voluntary unemployment[, unless such incarceration is the result of
non-payment of a child support order, or an offense against the custo-
dial parent or child who is the subject of the order or judgment];
§ 6. Clause (v) of subparagraph 5 of paragraph (b) of subdivision 1-b
of section 240 of the domestic relations law, as amended by chapter 313
of the laws of 2019, is amended to read as follows:
(v) an amount imputed as income based upon the parent's former
resources or income, if the court determines that a parent has reduced
resources or income in order to reduce or avoid the parent's obligation
for child support; provided that incarceration shall not be considered
voluntary unemployment[, unless such incarceration is the result of
non-payment of a child support order, or an offense against the custo-
dial parent or child who is the subject of the order or judgment];
§ 7. Paragraph (a) of subdivision 3 of section 451 of the family court
act, as amended by chapter 313 of the laws of 2019, is amended to read
as follows:
S. 8306--A 34 A. 8806--A
(a) The court may modify an order of child support, including an order
incorporating without merging an agreement or stipulation of the
parties, upon a showing of a substantial change in circumstances.
Incarceration shall not be considered voluntary unemployment and shall
not be a bar to finding a substantial change in circumstances [provided
such incarceration is not the result of non-payment of a child support
order, or an offense against the custodial parent or child who is the
subject of the order or judgment].
§ 8. Clause (i) of subparagraph 2 of paragraph b of subdivision 9 of
part B of section 236 of the domestic relations law, as amended by chap-
ter 313 of the laws of 2019, is amended to read as follows:
(i) The court may modify an order of child support, including an order
incorporating without merging an agreement or stipulation of the
parties, upon a showing of a substantial change in circumstances.
Incarceration shall not be considered voluntary unemployment and shall
not be a bar to finding a substantial change in circumstances [provided
such incarceration is not the result of non-payment of a child support
order, or an offense against the custodial parent or child who is the
subject of the order or judgment].
§ 9. This act shall take effect immediately, and shall apply to any
action or proceeding pending upon or commenced on or after such effec-
tive date.
PART J
Section 1. Subdivision 1 of section 206-c of the labor law, as amended
by chapter 672 of the laws of 2022, is amended to read as follows:
1. An employer shall provide [reasonable unpaid] PAID break time [or]
FOR UP TO TWENTY MINUTES, AND permit an employee to use EXISTING paid
break time or meal time FOR TIME IN EXCESS OF TWENTY MINUTES, to allow
an employee to express breast milk for her nursing child each time such
employee has reasonable need to express breast milk for up to three
years following child birth. No employer shall discriminate in any way
against an employee who chooses to express breast milk in the work
place.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART K
Section 1. Subdivision 1-a of section 198 of the labor law, as amended
by chapter 362 of the laws of 2015, is amended to read as follows:
1-a. On behalf of any employee paid less than the wage to which he or
she is entitled under the provisions of this article, the commissioner
may bring any legal action necessary, including administrative action,
to collect such claim and as part of such legal action, in addition to
any other remedies and penalties otherwise available under this article,
the commissioner shall assess against the employer the full amount of
any such underpayment, and an additional amount as liquidated damages,
unless the employer proves a good faith basis for believing that its
underpayment of wages was in compliance with the law. Liquidated damages
shall be calculated by the commissioner as no more than one hundred
percent of the total amount of wages found to be due, except such liqui-
dated damages may be up to three hundred percent of the total amount of
the wages found to be due for a willful violation of section one hundred
ninety-four of this article. In any action instituted in the courts upon
S. 8306--A 35 A. 8806--A
a wage claim by an employee or the commissioner in which the employee
prevails, the court shall allow such employee to recover the full amount
of any underpayment, all reasonable attorney's fees, prejudgment inter-
est as required under the civil practice law and rules, and, unless the
employer proves a good faith basis to believe that its underpayment of
wages was in compliance with the law, an additional amount as liquidated
damages equal to one hundred percent of the total amount of the wages
found to be due, except such liquidated damages may be up to three
hundred percent of the total amount of the wages found to be due for a
willful violation of section one hundred ninety-four of this article.
NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, LIQUIDATED DAMAGES
SHALL NOT BE APPLICABLE TO VIOLATIONS OF PARAGRAPH A OF SUBDIVISION ONE
OF SECTION ONE HUNDRED NINETY-ONE OF THIS ARTICLE WHERE THE EMPLOYEE WAS
PAID IN ACCORDANCE WITH THE AGREED TERMS OF EMPLOYMENT, BUT NOT LESS
FREQUENTLY THAN SEMI-MONTHLY.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.
PART L
Section 1. Subdivision 3 of section 218 of the labor law, as amended
by chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner, or the deci-
sion of the industrial board of appeals containing the amount found to
be due including the civil penalty, if any, and at the commissioner's
discretion, an additional fifteen percent damages upon any outstanding
monies owed. [At] NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, IN
EXECUTION OF ANY ORDER OR DECISION FILED BY THE COMMISSIONER PURSUANT TO
THIS SECTION, THE COMMISSIONER SHALL HAVE ALL THE POWERS CONFERRED UPON
SHERIFFS BY ARTICLE TWENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES, BUT
THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION IN EXCESS OF THE ACTUAL
EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the
request of an employee, the commissioner shall assign, without consider-
ation or liability, that portion of the filed order that constitutes
wages, wage supplements, interest on wages or wage supplements, or
liquidated damages due that employee, to that employee and may file an
assignment or order in that amount in the name of that employee with the
county clerk of the county where the employer resides or has a place of
business. The filing of such assignment, order or decision shall have
the full force and effect of a judgment duly docketed in the office of
such clerk. The assignment[, order or decision] may be enforced [by and
in the name of the commissioner, or] by the employee[,] in the same
manner, and with like effect, as that prescribed by the civil practice
law and rules for the enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE
SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL
AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN
EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE
S. 8306--A 36 A. 8806--A
DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER-
EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN
SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY
COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH
WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE
WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER
MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST,
AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH
COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL
BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT-
TELS OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME
MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE
SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED
AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR
SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME
FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 2. Subdivision 3 of section 219 of the labor law, as amended by
chapter 2 of the laws of 2015, is amended to read as follows:
3. (A) Provided that no proceeding for administrative or judicial
review as provided in this chapter shall then be pending and the time
for initiation of such proceeding shall have expired, the commissioner
may file with the county clerk of the county where the employer resides
or has a place of business the order of the commissioner or the decision
of the industrial board of appeals containing the amount found to be
due, including, at the commissioner's discretion, an additional fifteen
percent damages upon any outstanding monies owed. [At] NOTWITHSTANDING
ANY PROVISION TO THE CONTRARY, IN EXECUTION OF ANY ORDER OR DECISION
FILED BY THE COMMISSIONER PURSUANT TO THIS SECTION, THE COMMISSIONER
SHALL HAVE ALL THE POWERS CONFERRED UPON SHERIFFS BY ARTICLE TWENTY-FIVE
OF THE CIVIL PRACTICE LAW AND RULES, BUT THEY SHALL BE ENTITLED TO NO
FEE OR COMPENSATION IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE
PERFORMANCE OF SUCH DUTY. ADDITIONALLY, AT the request of an employee,
the commissioner shall assign, without consideration or liability, that
portion of the filed order that constitutes wages, wage supplements,
interest on wages or wage supplements, or liquidated damages due the
employee, to that employee and may file an assignment or order in that
amount in the name of such employee with the county clerk of the county
where the employer resides or has a place of business. The filing of
such assignment, order or decision shall have the full force and effect
of a judgment duly docketed in the office of such clerk. The assign-
ment[, order or decision] may be enforced [by and in the name of the
S. 8306--A 37 A. 8806--A
commissioner, or] by the employee[,] in the same manner, and with like
effect, as that prescribed by the civil practice law and rules for the
enforcement of a money judgment.
(B) IN ADDITION AND AS AN ALTERNATIVE TO ANY OTHER REMEDY PROVIDED BY
THIS SECTION AND PROVIDED THAT NO PROCEEDING FOR ADMINISTRATIVE OR JUDI-
CIAL REVIEW AS PROVIDED IN THIS CHAPTER SHALL THEN BE PENDING AND THE
TIME FOR INITIATION OF SUCH PROCEEDING SHALL HAVE EXPIRED, THE COMMIS-
SIONER MAY ISSUE A WARRANT UNDER THEIR OFFICIAL SEAL, DIRECTED TO THE
SHERIFF OF ANY COUNTY, COMMANDING THEM TO LEVY UPON AND SELL THE REAL
AND PERSONAL PROPERTY WHICH MAY BE FOUND WITHIN THEIR COUNTY OF AN
EMPLOYER WHO HAS DEFAULTED IN THE PAYMENT OF ANY SUM DETERMINED TO BE
DUE FROM SUCH EMPLOYER FOR THE PAYMENT OF SUCH SUM TOGETHER WITH INTER-
EST, PENALTIES, AND THE COST OF EXECUTING THE WARRANT, AND TO RETURN
SUCH WARRANT TO THE COMMISSIONER AND TO PAY INTO THE FUND THE MONEY
COLLECTED BY VIRTUE THEREOF WITHIN SIXTY DAYS AFTER THE RECEIPT OF SUCH
WARRANT. THE SHERIFF SHALL, WITHIN FIVE DAYS AFTER THE RECEIPT OF THE
WARRANT, FILE WITH THE CLERK OF THE COUNTY A COPY THEREOF, AND THEREUPON
SUCH CLERK SHALL ENTER IN THE JUDGMENT DOCKET THE NAME OF THE EMPLOYER
MENTIONED IN THE WARRANT AND THE AMOUNT OF THE CONTRIBUTION, INTEREST,
AND PENALTIES FOR WHICH THE WARRANT IS ISSUED AND THE DATE WHEN SUCH
COPY IS FILED. THEREUPON THE AMOUNT OF SUCH WARRANT SO DOCKETED SHALL
BECOME A LIEN UPON THE TITLE TO AND INTEREST IN REAL PROPERTY AND CHAT-
TELS REAL OF THE EMPLOYER AGAINST WHOM THE WARRANT IS ISSUED IN THE SAME
MANNER AS A JUDGMENT DULY DOCKETED IN THE OFFICE OF SUCH CLERK. THE
SHERIFF SHALL THEN PROCEED UPON THE WARRANT IN THE SAME MANNER, AND WITH
LIKE EFFECT, AS THAT PROVIDED BY LAW IN RESPECT TO EXECUTIONS ISSUED
AGAINST PROPERTY UPON JUDGMENTS OF A COURT OF RECORD, AND FOR THEIR
SERVICES IN EXECUTING THE WARRANT THEY SHALL BE ENTITLED TO THE SAME
FEES, WHICH THEY MAY COLLECT IN THE SAME MANNER.
(C) IN THE DISCRETION OF THE COMMISSIONER, A WARRANT OF LIKE TERMS,
FORCE, AND EFFECT MAY BE ISSUED AND DIRECTED TO ANY OFFICER OR EMPLOYEE
OF THE DEPARTMENT OF LABOR WHO MAY FILE A COPY OF SUCH WARRANT WITH THE
CLERK OF ANY COUNTY IN THE STATE, AND THEREUPON EACH SUCH CLERK SHALL
DOCKET IT AND IT SHALL BECOME A LIEN IN THE SAME MANNER AND WITH THE
SAME FORCE AND EFFECT AS HEREINBEFORE PROVIDED WITH RESPECT TO A WARRANT
ISSUED AND DIRECTED TO AND FILED BY A SHERIFF; AND IN THE EXECUTION
THEREOF SUCH OFFICER OR EMPLOYEE SHALL HAVE ALL THE POWERS CONFERRED BY
LAW UPON SHERIFFS, BUT THEY SHALL BE ENTITLED TO NO FEE OR COMPENSATION
IN EXCESS OF THE ACTUAL EXPENSES PAID IN THE PERFORMANCE OF SUCH DUTY.
IF A WARRANT IS RETURNED NOT SATISFIED IN FULL, THE COMMISSIONER SHALL
HAVE THE SAME REMEDIES TO ENFORCE THE AMOUNT THEREOF AS IF THE COMMIS-
SIONER HAD RECOVERED JUDGMENT FOR THE SAME.
§ 3. This act shall take effect immediately.
PART M
Section 1. Section 2 of chapter 25 of the laws of 2020, relating to
providing requirements for sick leave and the provision of certain
employee benefits when such employee is subject to a mandatory or
precautionary order of quarantine or isolation due to COVID-19, is
amended to read as follows:
§ 2. This act shall take effect immediately AND SHALL EXPIRE AND BE
DEEMED REPEALED JULY 31, 2024.
§ 2. This act shall take effect immediately.
PART N
S. 8306--A 38 A. 8806--A
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $12,830,000 for the fiscal
year ending March 31, 2025. Notwithstanding any other provision of law,
and subject to the approval of the New York state director of the budg-
et, the board of directors of the state of New York mortgage agency
shall authorize the transfer to the housing trust fund corporation, for
the purposes of reimbursing any costs associated with neighborhood pres-
ervation program contracts authorized by this section, a total sum not
to exceed $12,830,000, 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 2023-2024 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 state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2024.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $5,360,000 for the fiscal year ending March
31, 2025. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural preservation program
contracts authorized by this section, a total sum not to exceed
$5,360,000, 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
2023-2024 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 state of New York
mortgage agency) required to accomplish the purposes of such account,
the project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than June 30,
2024.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $23,180,000 for the fiscal year ending March
31, 2025. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
S. 8306--A 39 A. 8806--A
$23,180,000, 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 deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2023-2024 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 state of
New York mortgage agency, required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2024.
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the requirements
of such programs, a sum not to exceed $53,581,000 for the fiscal year
ending March 31, 2025. The homeless housing and assistance corporation
may enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. Notwithstanding any other provision of law, and subject
to the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage agency shall authorize
the transfer to the homeless housing and assistance corporation, a total
sum not to exceed $53,581,000, 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 insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2023-2024 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 state of New York mortgage agency, required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2025.
§ 5. This act shall take effect immediately.
PART O
Section 1. Short title. This act shall be known and may be cited as
the "heirs property protection and deed theft prevention act of 2024".
§ 2. Subdivision 3 of section 30.10 of the criminal procedure law is
amended by adding a new paragraph (h) to read as follows:
(H) A PROSECUTION FOR ANY FELONY RELATED TO A DEED THEFT OR WHERE
THERE IS FRAUD IN CONNECTION WITH A TRANSACTION INVOLVING REAL PROPERTY
MUST BE COMMENCED WITHIN EIGHT YEARS AFTER THE COMMISSION OF THE CRIME.
§ 3. The penal law is amended by adding a new article 162 to read as
follows:
ARTICLE 162
RESIDENTIAL AND COMMERCIAL DEED THEFT
S. 8306--A 40 A. 8806--A
SECTION 162.00 DEFINITIONS.
162.05 DEED THEFT IN THE THIRD DEGREE.
162.10 DEED THEFT IN THE SECOND DEGREE.
162.15 DEED THEFT IN THE FIRST DEGREE.
162.20 AGGRAVATED DEED THEFT.
§ 162.00 DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(1) "DEED THEFT" IS COMMITTED BY A PERSON WHO:
(A) INTENTIONALLY ALTERS, FALSIFIES, FORGES, OR MISREPRESENTS PROPERTY
DOCUMENTS SUCH AS A RESIDENTIAL OR COMMERCIAL DEED OR TITLE, WITH THE
INTENT TO DECEIVE, DEFRAUD OR UNLAWFULLY TRANSFER OR ENCUMBER THE OWNER-
SHIP RIGHTS OF A RESIDENTIAL OR COMMERCIAL PROPERTY; OR
(B) WITH INTENT TO DEFRAUD, MISREPRESENTS THEMSELVES AS THE OWNER OR
AUTHORIZED REPRESENTATIVE OF RESIDENTIAL OR COMMERCIAL REAL PROPERTY TO
INDUCE OTHERS TO RELY ON SUCH FALSE INFORMATION IN ORDER TO OBTAIN
OWNERSHIP OR POSSESSION OF SUCH REAL PROPERTY; OR
(C) WITH INTENT TO DEFRAUD, TAKES, OBTAINS, STEALS, OR TRANSFERS TITLE
OR OWNERSHIP OF REAL PROPERTY BY FRAUD, FORGERY, LARCENY, OR ANY OTHER
FRAUDULENT OR DECEPTIVE PRACTICE.
(2) "RESIDENTIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
HAVE THE SAME MEANING AS DEFINED IN SUBDIVISION THREE OF SECTION 187.00
OF THIS PART.
(3) "COMMERCIAL REAL PROPERTY" OR ANY DERIVATIVE WORD THEREOF SHALL
HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE REAL PROPERTY TAX LAW.
(4) "MIXED-USE PROPERTY" SHALL HAVE THE SAME MEANING AS DEFINED IN
SUBDIVISION TWENTY-TWO OF SECTION FOUR HUNDRED EIGHTY-NINE-AAAA OF THE
REAL PROPERTY TAX LAW.
(5) "INCOMPETENT" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
1-2.9 OF THE ESTATES, POWERS AND TRUSTS LAW.
(6) "INCAPACITATED PERSON" SHALL MEAN A PERSON WHO, BECAUSE OF MENTAL
DISABILITY AS DEFINED IN SUBDIVISION THREE OF SECTION 1.03 OF THE MENTAL
HYGIENE LAW OR MENTAL DEFICIENCY, IS UNABLE TO CARE FOR THEIR OWN PROP-
ERTY AND/OR PERSONAL NEEDS, AND IS LIKELY TO SUFFER HARM BECAUSE SUCH
PERSON IS UNABLE TO UNDERSTAND AND APPRECIATE THE NATURE AND CONSE-
QUENCES OF NOT BEING ABLE TO CARE FOR THEIR PROPERTY AND/OR PERSONAL
NEEDS.
§ 162.05 DEED THEFT IN THE THIRD DEGREE.
A PERSON IS GUILTY OF DEED THEFT IN THE THIRD DEGREE WHEN SUCH PERSON
COMMITS DEED THEFT OF ONE COMMERCIAL REAL PROPERTY.
DEED THEFT IN THE THIRD DEGREE IS A CLASS D FELONY.
§ 162.10 DEED THEFT IN THE SECOND DEGREE.
A PERSON IS GUILTY OF DEED THEFT IN THE SECOND DEGREE WHEN SUCH PERSON
COMMITS DEED THEFT OF: (1) ONE RESIDENTIAL REAL PROPERTY; OR (2) ONE
COMMERCIAL MIXED-USE PROPERTY WITH AT LEAST ONE RESIDENTIAL UNIT; OR (3)
THREE OR MORE COMMERCIAL PROPERTIES.
DEED THEFT IN THE SECOND DEGREE IS A CLASS C FELONY.
§ 162.15 DEED THEFT IN THE FIRST DEGREE.
A PERSON IS GUILTY OF DEED THEFT IN THE FIRST DEGREE WHEN SUCH PERSON:
(1) COMMITS DEED THEFT OF A RESIDENTIAL PROPERTY THAT IS OCCUPIED AS A
HOME BY AT LEAST ONE PERSON; OR (2) COMMITS DEED THEFT OF A RESIDENTIAL
PROPERTY THAT INVOLVES A HOME THAT IS OWNED OR OCCUPIED BY AN ELDERLY
PERSON OR AN INCOMPETENT, OR AN INCAPACITATED PERSON, OR PHYSICALLY
DISABLED PERSON.
DEED THEFT IN THE FIRST DEGREE IS A CLASS B FELONY.
S. 8306--A 41 A. 8806--A
§ 162.20 AGGRAVATED DEED THEFT.
A PERSON IS GUILTY OF AGGRAVATED DEED THEFT WHEN SUCH PERSON COMMITS
DEED THEFT OF THREE OR MORE RESIDENTIAL PROPERTIES.
AGGRAVATED DEED THEFT IS A CLASS B FELONY.
§ 4. Subdivision 3 of section 187.00 of the penal law, as amended by
chapter 507 of the laws of 2009, is amended to read as follows:
3. "Residential real property" means real property THAT IS USED OR
OCCUPIED, OR INTENDED TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE
HOME OR RESIDENCE OF ONE OR MORE PERSONS, INCLUDING REAL PROPERTY THAT
IS improved by a one-to-four family dwelling, or a residential unit in a
building including units owned as condominiums or on a cooperative
basis, used or occupied, or intended to be used or occupied, wholly or
partly, as the home or residence of one or more persons, but shall not
refer to unimproved real property upon which such dwellings are to be
constructed.
§ 5. Section 993 of the real property actions and proceedings law is
amended by adding a new subdivision 12 to read as follows:
12. PROHIBITION ON INITIATION OF A PARTITION ACTION. NO PARTITION
ACTION RELATED TO AN HEIRS PROPERTY MAY BE INITIATED BY A CO-TENANT WHO
DID NOT INHERIT THEIR SHARE OR SHARES FROM A RELATIVE OR BY A CO-TENANT
WHO IS NOT A RELATIVE OF A CO-TENANT WHO INHERITED THEIR SHARE OR SHARES
OF THE HEIRS PROPERTY FROM A RELATIVE.
§ 6. Section 993 of the real property actions and proceedings law is
amended by adding a new subdivision 13 to read as follows:
13. RIGHT OF FIRST REFUSAL. (A) WHEN A CO-TENANT RECEIVES A BONA FIDE
OFFER FROM A NON-CO-TENANT TO PURCHASE A SHARE OR SHARES OF AN HEIRS
PROPERTY AND THE CO-TENANT INTENDS TO ACCEPT OR RESPOND WITH A COUNTER-
OFFER, THE CO-TENANTS WHO INHERITED THEIR SHARE OR SHARES OF THE PROPER-
TY, OR THE CO-TENANTS WHO ARE RELATIVES TO THOSE CO-TENANTS WHO INHER-
ITED THEIR SHARE OR SHARES OF THE PROPERTY SHALL HAVE THE RIGHT TO
PURCHASE SUCH SHARES FOR THE IDENTICAL PRICE, TERMS, AND CONDITIONS OF
THE OFFER OR COUNTEROFFER.
(B) IT SHALL BE THE DUTY OF THE NON-CO-TENANT WHO MADE THE INITIAL
OFFER FOR THE SHARE OR SHARES OF THE PROPERTY AS WELL AS THE CO-TENANT
WHO RECEIVED THE OFFER TO EXERCISE ALL DUE DILIGENCE TO IDENTIFY ALL OF
THE OTHER CO-TENANTS TO THE PROPERTY AND NOTIFY SUCH CO-TENANTS OF THE
PENDING OFFER. NOTICE SHALL BE MADE IN THE SAME MANNER AS SET FORTH IN
SECTION THREE HUNDRED EIGHT OF THE CIVIL PRACTICE LAW AND RULES. THE
OTHER CO-TENANTS SHALL HAVE NINETY DAYS FROM THE DATE THEY ARE NOTIFIED
OF THE OFFER TO MATCH SUCH OFFER.
(C) IN THE EVENT THAT THE OTHER CO-TENANTS ARE NOT NOTIFIED OF THE
OFFER AND THE SALE IS COMPLETED, AND THE OFFEROR DID NOT EXERCISE THE
REQUIRED DUE DILIGENCE TO NOTIFY THE OTHER CO-TENANTS OF THE HEIRS PROP-
ERTY, THE OTHER CO-TENANTS SHALL HAVE THE RIGHT TO PURCHASE THE SHARES
FROM THE NON-RELATIVE CO-TENANT FOR THE PRICE PAID BY SUCH NON-RELATIVE
CO-TENANT, PLUS ANY APPLICABLE INTEREST AT A RATE OF TWO PERCENT PER
ANNUM. SUCH RIGHT SHALL EXPIRE NINETY DAYS AFTER THE OTHER CO-TENANTS TO
THE HEIRS PROPERTY ARE MADE AWARE OF THE SALE.
§ 7. The real property law is amended by adding a new section 424 to
read as follows:
§ 424. TRANSFER ON DEATH DEED. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "BENEFICIARY" MEANS A PERSON WHO RECEIVES PROPERTY IN A TRANSFER
ON DEATH DEED.
(B) "DESIGNATED BENEFICIARY" MEANS A PERSON DESIGNATED TO RECEIVE
PROPERTY IN A TRANSFER ON DEATH DEED.
S. 8306--A 42 A. 8806--A
(C) "JOINT OWNER" MEANS AN INDIVIDUAL WHO OWNS PROPERTY CONCURRENTLY
WITH ONE OR MORE OTHER INDIVIDUALS WITH A RIGHT OF SURVIVORSHIP. THE
TERM INCLUDES A JOINT TENANT, OWNER OF COMMUNITY PROPERTY WITH A RIGHT
OF SURVIVORSHIP AND TENANT BY THE ENTIRETY. THE TERM DOES NOT INCLUDE A
TENANT IN COMMON OR OWNER OF COMMUNITY PROPERTY WITHOUT A RIGHT OF
SURVIVORSHIP.
(D) "PERSON" INCLUDES A NATURAL PERSON, AN ASSOCIATION, BOARD, ANY
CORPORATION, WHETHER MUNICIPAL, STOCK OR NON-STOCK, COURT, GOVERNMENTAL
AGENCY, AUTHORITY OR SUBDIVISION, PARTNERSHIP OR OTHER FIRM AND THE
STATE.
(E) "PROPERTY" MEANS AN INTEREST IN REAL PROPERTY LOCATED IN THIS
STATE WHICH IS TRANSFERABLE ON THE DEATH OF THE OWNER.
(F) "TRANSFER ON DEATH DEED" MEANS A DEED AUTHORIZED UNDER THIS
SECTION.
(G) "TRANSFEROR" MEANS AN INDIVIDUAL WHO MAKES A TRANSFER ON DEATH
DEED.
2. NONEXCLUSIVITY. THIS SECTION DOES NOT AFFECT ANY METHOD OF TRANS-
FERRING PROPERTY OTHERWISE PERMITTED UNDER THE LAW OF THIS STATE.
3. TRANSFER ON DEATH DEED AUTHORIZED. AN INDIVIDUAL MAY TRANSFER PROP-
ERTY TO ONE OR MORE BENEFICIARIES EFFECTIVE AT THE TRANSFEROR'S DEATH BY
A TRANSFER ON DEATH DEED.
4. TRANSFER ON DEATH DEED REVOCABLE. A TRANSFER ON DEATH DEED IS REVO-
CABLE EVEN IF THE DEED OR ANOTHER INSTRUMENT CONTAINS A CONTRARY
PROVISION.
5. TRANSFER ON DEATH DEED NONTESTAMENTARY. A TRANSFER ON DEATH DEED IS
NONTESTAMENTARY.
6. CAPACITY OF TRANSFEROR. THE CAPACITY REQUIRED TO MAKE OR REVOKE A
TRANSFER ON DEATH DEED IS THE SAME AS THE CAPACITY REQUIRED TO MAKE A
WILL.
7. REQUIREMENTS. A TRANSFER ON DEATH DEED:
(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, SHALL CONTAIN
THE ESSENTIAL ELEMENTS AND FORMALITIES OF A PROPERLY RECORDABLE INTER
VIVOS DEED;
(B) SHALL STATE THAT THE TRANSFER TO THE DESIGNATED BENEFICIARY IS TO
OCCUR AT THE TRANSFEROR'S DEATH;
(C) SHALL BE SIGNED BY TWO WITNESSES WHO WERE PRESENT AT THE SAME TIME
AND WHO WITNESSED THE SIGNING OF THE TRANSFER ON DEATH DEED;
(D) SHALL BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC; AND
(E) SHALL BE RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE PUBLIC
RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS
LOCATED IN THE SAME MANNER AS ANY OTHER TYPE OF DEED.
8. NOTICE, DELIVERY, ACCEPTANCE, CONSIDERATION NOT REQUIRED. A TRANS-
FER ON DEATH DEED SHALL BE EFFECTIVE WITHOUT:
(A) NOTICE OR DELIVERY TO OR ACCEPTANCE BY THE DESIGNATED BENEFICIARY
DURING THE TRANSFEROR'S LIFE; OR
(B) CONSIDERATION.
9. REVOCATION BY INSTRUMENT AUTHORIZED; REVOCATION BY ACT NOT PERMIT-
TED.
(A) SUBJECT TO PARAGRAPH (B) OF THIS SUBDIVISION, AN INSTRUMENT SHALL
BE EFFECTIVE TO REVOKE A RECORDED TRANSFER ON DEATH DEED, OR ANY PART OF
IT, ONLY IF THE INSTRUMENT:
(1) IS ONE OF THE FOLLOWING:
(A) A TRANSFER ON DEATH DEED THAT REVOKES THE DEED OR PART OF THE DEED
EXPRESSLY OR BY INCONSISTENCY;
(B) AN INSTRUMENT OF REVOCATION THAT EXPRESSLY REVOKES THE DEED OR
PART OF THE DEED; OR
S. 8306--A 43 A. 8806--A
(C) AN INTER VIVOS DEED THAT EXPRESSLY REVOKES THE TRANSFER ON DEATH
DEED OR PART OF THE DEED; AND
(2) IS ACKNOWLEDGED BY THE TRANSFEROR AFTER THE ACKNOWLEDGMENT OF THE
DEED BEING REVOKED AND RECORDED BEFORE THE TRANSFEROR'S DEATH IN THE
PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE DEED
IS RECORDED.
(B) IF A TRANSFER ON DEATH DEED IS MADE BY MORE THAN ONE TRANSFEROR:
(1) REVOCATION BY A TRANSFEROR SHALL NOT AFFECT THE DEED AS TO THE
INTEREST OF ANOTHER TRANSFEROR; AND
(2) A DEED OF JOINT OWNERS SHALL ONLY BE REVOKED IF IT IS REVOKED BY
ALL OF THE LIVING JOINT OWNERS.
(C) AFTER A TRANSFER ON DEATH DEED IS RECORDED, IT SHALL NOT BE
REVOKED BY A REVOCATORY ACT ON THE DEED.
(D) THIS SECTION SHALL NOT LIMIT THE EFFECT OF AN INTER VIVOS TRANSFER
OF THE PROPERTY.
10. EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE. DURING
A TRANSFEROR'S LIFE, A TRANSFER ON DEATH DEED SHALL NOT:
(A) AFFECT AN INTEREST OR RIGHT OF THE TRANSFEROR OR ANY OTHER OWNER,
INCLUDING THE RIGHT TO TRANSFER OR ENCUMBER THE PROPERTY;
(B) AFFECT AN INTEREST OR RIGHT OF A TRANSFEREE, EVEN IF THE TRANSFER-
EE HAS ACTUAL OR CONSTRUCTIVE NOTICE OF THE DEED;
(C) AFFECT AN INTEREST OR RIGHT OF A SECURED OR UNSECURED CREDITOR OR
FUTURE CREDITOR OF THE TRANSFEROR, EVEN IF THE CREDITOR HAS ACTUAL OR
CONSTRUCTIVE NOTICE OF THE DEED;
(D) AFFECT THE TRANSFEROR'S OR DESIGNATED BENEFICIARY'S ELIGIBILITY
FOR ANY FORM OF PUBLIC ASSISTANCE;
(E) CREATE A LEGAL OR EQUITABLE INTEREST IN FAVOR OF THE DESIGNATED
BENEFICIARY; OR
(F) SUBJECT THE PROPERTY TO CLAIMS OR PROCESS OF A CREDITOR OF THE
DESIGNATED BENEFICIARY.
11. EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH. (A) EXCEPT
AS OTHERWISE PROVIDED IN THE TRANSFER ON DEATH DEED, IN THIS SECTION OR
IN ANY OTHER SECTION OF LAW WHICH EFFECTS NONPROBATE TRANSFERS, ON THE
DEATH OF THE TRANSFEROR, THE FOLLOWING RULES APPLY TO PROPERTY THAT IS
THE SUBJECT OF A TRANSFER ON DEATH DEED AND OWNED BY THE TRANSFEROR AT
DEATH:
(1) SUBJECT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, THE INTEREST IN THE
PROPERTY SHALL BE TRANSFERRED TO THE DESIGNATED BENEFICIARY IN ACCORD-
ANCE WITH THE DEED.
(2) THE INTEREST OF A DESIGNATED BENEFICIARY IS CONTINGENT ON THE
DESIGNATED BENEFICIARY SURVIVING THE TRANSFEROR. THE INTEREST OF A
DESIGNATED BENEFICIARY THAT FAILS TO SURVIVE THE TRANSFEROR LAPSES.
(3) SUBJECT TO SUBPARAGRAPH FOUR OF THIS PARAGRAPH, CONCURRENT INTER-
ESTS SHALL BE TRANSFERRED TO THE BENEFICIARIES IN EQUAL AND UNDIVIDED
SHARES WITH NO RIGHT OF SURVIVORSHIP.
(4) IF THE TRANSFEROR HAS IDENTIFIED TWO OR MORE DESIGNATED BENEFICI-
ARIES TO RECEIVE CONCURRENT INTERESTS IN THE PROPERTY, THE SHARE OF ONE
WHICH LAPSES OR FAILS FOR ANY REASON SHALL BE TRANSFERRED TO THE OTHER,
OR TO THE OTHERS IN PROPORTION TO THE INTEREST OF EACH IN THE REMAINING
PART OF THE PROPERTY HELD CONCURRENTLY.
(B) SUBJECT TO THIS CHAPTER, A BENEFICIARY TAKES THE PROPERTY SUBJECT
TO ALL CONVEYANCES, ENCUMBRANCES, ASSIGNMENTS, CONTRACTS, MORTGAGES,
LIENS, AND OTHER INTERESTS TO WHICH THE PROPERTY IS SUBJECT AT THE
TRANSFEROR'S DEATH. FOR PURPOSES OF THIS PARAGRAPH AND THIS CHAPTER, THE
RECORDING OF THE TRANSFER ON DEATH DEED SHALL BE DEEMED TO HAVE OCCURRED
AT THE TRANSFEROR'S DEATH.
S. 8306--A 44 A. 8806--A
(C) IF A TRANSFEROR IS A JOINT OWNER AND IS SURVIVED BY ONE OR MORE
OTHER JOINT OWNERS, THE PROPERTY THAT IS THE SUBJECT OF A TRANSFER ON
DEATH DEED SHALL BELONG TO THE SURVIVING JOINT OWNER OR OWNERS WITH
RIGHT OF SURVIVORSHIP.
(D) IF A TRANSFEROR IS A JOINT OWNER AND IS THE LAST SURVIVING JOINT
OWNER, THE TRANSFER ON DEATH DEED SHALL BE EFFECTIVE.
(E) A TRANSFER ON DEATH DEED TRANSFERS PROPERTY WITHOUT COVENANT OR
WARRANTY OF TITLE EVEN IF THE DEED CONTAINS A CONTRARY PROVISION.
12. APPLICABILITY OF INVALIDATING AND REVOCATORY PRINCIPLES. (A) NOTH-
ING IN THIS SECTION SHALL LIMIT THE APPLICATION OF PRINCIPLES OF FRAUD,
UNDUE INFLUENCE, DURESS, MISTAKE, OR OTHER INVALIDATING CAUSE TO A
TRANSFER OF PROPERTY.
(B) DIVORCE, ANNULMENT OR DECLARATION OF NULLITY, OR DISSOLUTION OF
MARRIAGE, SHALL HAVE THE SAME EFFECT ON A TRANSFER ON DEATH DEED AS
OUTLINED IN SECTION 5-1.4 OF THE ESTATES, POWERS AND TRUSTS LAW.
13. RENUNCIATION. A BENEFICIARY MAY RENOUNCE ALL OR PART OF THE BENE-
FICIARY'S INTEREST IN THE SAME MANNER AS IF THE INTEREST WAS TRANSFERRED
IN A WILL.
14. LIABILITY FOR CREDITOR CLAIMS AND STATUTORY ALLOWANCES. (A) TO THE
EXTENT THE TRANSFEROR'S PROBATE ESTATE IS INSUFFICIENT TO SATISFY AN
ALLOWED CLAIM AGAINST THE ESTATE OR A STATUTORY ALLOWANCE TO A SURVIVING
SPOUSE OR CHILD, THE ESTATE MAY ENFORCE THE LIABILITY AGAINST PROPERTY
TRANSFERRED AT THE TRANSFEROR'S DEATH BY A TRANSFER ON DEATH DEED.
(B) IF MORE THAN ONE PROPERTY IS TRANSFERRED BY ONE OR MORE TRANSFER
ON DEATH DEEDS, THE LIABILITY UNDER PARAGRAPH (A) OF THIS SUBDIVISION IS
APPORTIONED AMONG THE PROPERTIES IN PROPORTION TO THEIR NET VALUES AT
THE TRANSFEROR'S DEATH.
(C) A PROCEEDING TO ENFORCE THE LIABILITY UNDER THIS SECTION MUST BE
COMMENCED NO LATER THAN EIGHTEEN MONTHS AFTER THE TRANSFEROR'S DEATH.
15. FORM OF TRANSFER ON DEATH DEED. THE FOLLOWING FORM MAY BE USED TO
CREATE A TRANSFER ON DEATH DEED. THE OTHER SUBDIVISIONS OF THIS SECTION
SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT USED TO CREATE
A TRANSFER ON DEATH DEED:
(FRONT OF FORM)
REVOCABLE TRANSFER ON DEATH DEED
NOTICE TO OWNER
YOU SHOULD CAREFULLY READ ALL INFORMATION ON THE OTHER SIDE OF THIS
FORM. YOU MAY WANT TO CONSULT A LAWYER BEFORE USING THIS FORM.
THIS FORM MUST BE RECORDED BEFORE YOUR DEATH, OR IT WILL NOT BE EFFEC-
TIVE.
IDENTIFYING INFORMATION
OWNER OR OWNERS MAKING THIS DEED:
____________________________________________________
PRINTED NAME MAILING ADDRESS
S. 8306--A 45 A. 8806--A
____________________________________________________
PRINTED NAME MAILING ADDRESS
LEGAL DESCRIPTION OF THE PROPERTY:
____________________________________________________
PRIMARY BENEFICIARY
I DESIGNATE THE FOLLOWING BENEFICIARY IF THE BENEFICIARY SURVIVES ME.
____________________________________________________
PRINTED NAME MAILING ADDRESS, IF AVAILABLE
ALTERNATE BENEFICIARY - OPTIONAL
IF MY PRIMARY BENEFICIARY DOES NOT SURVIVE ME, I DESIGNATE THE FOLLOWING
ALTERNATE BENEFICIARY IF THAT BENEFICIARY SURVIVES ME.
____________________________________________________
PRINTED NAME MAILING ADDRESS, IF AVAILABLE
TRANSFER ON DEATH
AT MY DEATH, I TRANSFER MY INTEREST IN THE DESCRIBED PROPERTY TO THE
BENEFICIARIES AS DESIGNATED ABOVE. BEFORE MY DEATH, I HAVE THE RIGHT TO
REVOKE THIS DEED.
SIGNATURE OF OWNER OR OWNERS MAKING THIS DEED
____________________________________________________
SIGNATURE DATE
____________________________________________________
SIGNATURE DATE
SIGNATURE OF WITNESSES
____________________________________________________
SIGNATURE DATE
S. 8306--A 46 A. 8806--A
____________________________________________________
SIGNATURE DATE
____________________________________________________
NOTARY ACKNOWLEDGMENT
(INSERT NOTARY ACKNOWLEDGMENT FOR DEED HERE)
(BACK OF FORM)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
WHAT DOES THE TRANSFER ON DEATH (TOD) DEED DO?
WHEN YOU DIE, THIS DEED TRANSFERS THE DESCRIBED PROPERTY, SUBJECT TO ANY
LIENS OR MORTGAGES (OR OTHER ENCUMBRANCES) ON THE PROPERTY AT YOUR
DEATH. PROBATE IS NOT REQUIRED. THE TOD DEED HAS NO EFFECT UNTIL YOU
DIE. YOU CAN REVOKE IT AT ANY TIME. YOU ARE ALSO FREE TO TRANSFER THE
PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME. IF YOU DO NOT OWN ANY
INTEREST IN THE PROPERTY WHEN YOU DIE, THIS DEED WILL HAVE NO EFFECT.
HOW DO I MAKE A TOD DEED?
COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
THE FORM IN EACH COUNTY WHERE ANY PART OF THE PROPERTY IS LOCATED. THE
FORM HAS NO EFFECT UNLESS IT IS ACKNOWLEDGED AND RECORDED BEFORE YOUR
DEATH.
IS THE "LEGAL DESCRIPTION" OF THE PROPERTY NECESSARY?
YES.
HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
THIS INFORMATION MAY BE ON THE DEED YOU RECEIVED WHEN YOU BECAME AN
OWNER OF THE PROPERTY. THIS INFORMATION MAY ALSO BE AVAILABLE IN THE
COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
CAN I CHANGE MY MIND BEFORE I RECORD THE TOD DEED?
YES. IF YOU HAVE NOT YET RECORDED THE DEED AND WANT TO CHANGE YOUR MIND,
SIMPLY TEAR UP OR OTHERWISE DESTROY THE DEED.
HOW DO I "RECORD" THE TOD DEED?
TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN
BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY
RECORDS. IF THE PROPERTY IS IN MORE THAN ONE COUNTY, YOU SHOULD RECORD
THE DEED IN EACH COUNTY.
CAN I LATER REVOKE THE TOD DEED IF I CHANGE MY MIND?
S. 8306--A 47 A. 8806--A
YES. YOU CAN REVOKE THE TOD DEED. NO ONE, INCLUDING THE BENEFICIARIES,
CAN PREVENT YOU FROM REVOKING THE DEED.
HOW DO I REVOKE THE TOD DEED AFTER IT IS RECORDED?
THERE ARE THREE WAYS TO REVOKE A RECORDED TOD DEED:
(1) COMPLETE AND ACKNOWLEDGE A REVOCATION FORM AND RECORD IT IN EACH
COUNTY WHERE THE PROPERTY IS LOCATED.
(2) COMPLETE AND ACKNOWLEDGE A NEW TOD DEED THAT DISPOSES OF THE SAME
PROPERTY AND RECORD IT IN EACH COUNTY WHERE THE PROPERTY IS LOCATED.
(3) TRANSFER THE PROPERTY TO SOMEONE ELSE DURING YOUR LIFETIME BY A
RECORDED DEED THAT EXPRESSLY REVOKES THE TOD DEED. YOU MAY NOT REVOKE
THE TOD DEED BY WILL.
I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED
FAMILY MEMBER, FRIEND, OR LAWYER.
DO I NEED TO TELL THE BENEFICIARIES ABOUT THE TOD DEED?
NO, BUT IT IS RECOMMENDED. SECRECY CAN CAUSE LATER COMPLICATIONS AND
MIGHT MAKE IT EASIER FOR OTHERS TO COMMIT FRAUD.
I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
OTHER QUESTIONS, YOU ARE ENCOURAGED TO CONSULT A LAWYER.
16. FORM OF REVOCATION. THE FOLLOWING FORM MAY BE USED TO CREATE AN
INSTRUMENT OF REVOCATION UNDER THIS SECTION. THE OTHER SUBDIVISIONS OF
THIS SECTION SHALL GOVERN THE EFFECT OF THIS, OR ANY OTHER INSTRUMENT
USED TO REVOKE A TRANSFER ON DEATH DEED.
(FRONT OF FORM)
REVOCATION OF TRANSFER ON DEATH DEED
NOTICE TO OWNER
THIS REVOCATION MUST BE RECORDED BEFORE YOU DIE, OR IT WILL NOT BE
EFFECTIVE. THIS REVOCATION IS EFFECTIVE ONLY AS TO THE INTERESTS IN THE
PROPERTY OF OWNERS WHO SIGN THIS REVOCATION.
IDENTIFYING INFORMATION
OWNER OR OWNERS OF PROPERTY MAKING THIS REVOCATION:
____________________________________________________
PRINTED NAME MAILING ADDRESS
S. 8306--A 48 A. 8806--A
____________________________________________________
PRINTED NAME MAILING ADDRESS
LEGAL DESCRIPTION OF THE PROPERTY:
____________________________________________________
REVOCATION
I REVOKE ALL MY PREVIOUS TRANSFERS OF THIS PROPERTY BY TRANSFER ON DEATH
DEED.
SIGNATURE OF OWNER OR OWNERS MAKING THIS REVOCATION
____________________________________________________
SIGNATURE DATE
____________________________________________________
SIGNATURE DATE
SIGNATURE OF WITNESSES
____________________________________________________
SIGNATURE DATE
____________________________________________________
SIGNATURE DATE
NOTARY ACKNOWLEDGMENT
(INSERT NOTARY ACKNOWLEDGMENT HERE)
(BACK OF FORM)
COMMON QUESTIONS ABOUT THE USE OF THIS FORM
HOW DO I USE THIS FORM TO REVOKE A TRANSFER ON DEATH (TOD) DEED?
COMPLETE THIS FORM. HAVE IT ACKNOWLEDGED BEFORE A NOTARY PUBLIC. RECORD
THE FORM IN THE PUBLIC RECORDS IN THE COUNTY CLERK'S OFFICE OF THE COUN-
TY WHERE THE PROPERTY IS LOCATED. THE FORM MUST BE ACKNOWLEDGED AND
RECORDED BEFORE YOUR DEATH, OR IT HAS NO EFFECT.
S. 8306--A 49 A. 8806--A
HOW DO I FIND THE "LEGAL DESCRIPTION" OF THE PROPERTY?
THIS INFORMATION MAY BE ON THE TOD DEED. IT MAY ALSO BE AVAILABLE IN THE
COUNTY CLERK'S OFFICE OF THE COUNTY WHERE THE PROPERTY IS LOCATED. IF
YOU ARE NOT ABSOLUTELY SURE, CONSULT A LAWYER.
HOW DO I "RECORD" THE FORM?
TAKE THE COMPLETED AND ACKNOWLEDGED FORM TO THE COUNTY CLERK'S OFFICE OF
THE COUNTY WHERE THE PROPERTY IS LOCATED. FOLLOW THE INSTRUCTIONS GIVEN
BY THE COUNTY CLERK TO MAKE THE FORM PART OF THE OFFICIAL PROPERTY
RECORDS. IF THE PROPERTY IS LOCATED IN MORE THAN ONE COUNTY, YOU SHOULD
RECORD THE FORM IN EACH OF THOSE COUNTIES.
I AM BEING PRESSURED TO COMPLETE THIS FORM. WHAT SHOULD I DO?
DO NOT COMPLETE THIS FORM UNDER PRESSURE. SEEK HELP FROM A TRUSTED FAMI-
LY MEMBER, FRIEND, OR LAWYER.
I HAVE OTHER QUESTIONS ABOUT THIS FORM. WHAT SHOULD I DO?
THIS FORM IS DESIGNED TO FIT SOME BUT NOT ALL SITUATIONS. IF YOU HAVE
OTHER QUESTIONS, CONSULT A LAWYER.
§ 8. This act shall take effect on the ninetieth day after it shall
have become a law, provided that section 424 of the real property law,
as added by section seven of this act, shall apply to any transfer on
death deed made before, on, or after the effective date of this act by a
transferor dying on or after the effective date of this act.
PART P
Section 1. This Part enacts into law components of legislation relat-
ing to the conveyance and use of real property owned and maintained by
the state university of New York and the New York state department of
transportation. Each component is wholly contained within a Subpart
identified as Subparts A through C. 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 refer-
ence 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 Part sets forth the general effective date of this Part.
SUBPART A
Section 1. Legislative findings. The legislature finds that the state
university of New York at Farmingdale ("Farmingdale") seeks to use
approximately 8.7 acres of vacant land on Farmingdale's campus to build
multi-purpose facilities to support housing needs and supporting amen-
ities, fulfilling a necessary and vital public purpose. The legislature
further finds that granting the trustees of the State University of New
York ("Trustees") the authority and power to lease and otherwise
contract to make available grounds and facilities of the Farmingdale
campus will ensure such land is utilized for the benefit of Farmingdale,
the surrounding community, and the general public.
S. 8306--A 50 A. 8806--A
§ 2. Notwithstanding any other law to the contrary, the Trustees are
authorized and empowered, without any public bidding, to lease and
otherwise contract to make available to Farmingdale state development
corporation, a not-for-profit corporation (the "ground lessee"), a
portion of the lands of Farmingdale generally described in this act for
the purpose of developing, constructing, maintaining and operating
multi-purpose facilities to support housing needs and supporting amen-
ities. Such lease or contract shall be for a period not exceeding nine-
ty-nine years without any fee simple conveyance and otherwise upon terms
and conditions determined by such trustees, subject to the approval of
the director of the division of the budget, the attorney general and the
state comptroller. In the event that the real property that is the
subject of such lease or contract shall cease to be used for the purpose
described in this act, such lease or contract shall immediately termi-
nate and the real property and any improvements thereon shall revert to
the state university of New York. Any lease or contract entered into
pursuant to this act shall provide that the real property that is the
subject of such lease or contract and any improvements thereon shall
revert to the state university of New York on the expiration of such
contract or lease. Any and all proceeds related to the leases author-
ized by this act shall be used for the benefit of the Farmingdale campus
and the allocation of such proceeds shall be subject to approval by the
Trustees.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be subject
to and performed in accordance with the provisions of article 8 of the
labor law to the same extent and in the same manner as a contract of the
state.
§ 5. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by Farmingdale state
development corporation, and parties contracting with Farmingdale state
development corporation, and in connection with such activities, the
obtaining of funding or financing, whether public or private, unsecured
or secured, including, but not limited to, secured by leasehold mort-
gages and assignments of rents and leases, by Farmingdale state develop-
ment corporation and parties contracting with Farmingdale state develop-
ment corporation for the purposes of completing the project described in
this act.
§ 6. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
S. 8306--A 51 A. 8806--A
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 7. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 8. The property authorized by this act to be leased to Farmingdale
state development corporation is generally described as that parcel of
real property with improvements thereon consisting of a total of 8.7
acres situated on the campus of the State University of New York at
Farmingdale, subject to all existing easements and restrictions of
record. The description in this section of the parcel to be made avail-
able pursuant to this act is not meant to be a legal description, but is
intended only to identify the parcel:
The property is situated at the southwest corner of NYS Route 110 and
Melville Road. The eastern boundary runs north/south along the western
side of NYS Route 110 with approximately 450 feet of frontage. The
northern boundary runs along Melville Road for just over 1,000 feet.
§ 9. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 10. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 11. This act shall take effect immediately.
SUBPART B
Section 1. Legislative findings. The legislature finds that the state
university of New York at Stony Brook ("Stony Brook") seeks to use
approximately 10 acres of underutilized land on Stony Brook's Southamp-
ton campus to build multi-purpose facilities to support housing needs
and supporting amenities, fulfilling a necessary and vital public
purpose. The legislature further finds that granting the trustees of
the State University of New York ("Trustees") the authority and power to
lease and otherwise contract to make available grounds and facilities of
Stony Brook's campus will ensure such land is utilized for the benefit
of Stony Brook, the surrounding community, and the general public.
§ 2. Notwithstanding any other law to the contrary, the Trustees are
authorized and empowered, without any public bidding, to lease and
otherwise contract to make available to a ground lessee a portion of the
lands of Stony Brook generally described in this act for the purpose of
developing, constructing, maintaining and operating multi-purpose facil-
ities to support housing needs and supporting amenities. Such lease or
contract shall be for a period not exceeding ninety-nine years without
any fee simple conveyance and otherwise upon terms and conditions deter-
mined by such trustees, subject to the approval of the director of the
division of the budget, the attorney general and the state comptroller.
In the event that the real property that is the subject of such lease or
contract shall cease to be used for the purpose described in this act,
such lease or contract shall immediately terminate and the real property
and any improvements thereon shall revert to the state university of New
York. Any lease or contract entered into pursuant to this act shall
provide that the real property that is the subject of such lease or
S. 8306--A 52 A. 8806--A
contract and any improvements thereon shall revert to the state univer-
sity of New York on the expiration of such contract or lease. Any and
all proceeds related to the leases authorized by this act shall be used
for the benefit of the Stony Brook campus and the allocation of such
proceeds shall be subject to approval by the Trustees.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be subject
to and performed in accordance with the provisions of article 8 of the
labor law to the same extent and in the same manner as a contract of the
state.
§ 5. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the ground lessee,
and parties contracting with the ground lessee, and in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured, including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases, by the
ground lessee and parties contracting with the ground lessee for the
purposes of completing the project described in this act.
§ 6. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 7. Any contracts entered into pursuant to this act between the
ground lessee and parties contracting with the ground lessee shall be
awarded by a competitive process.
§ 8. The property authorized by this act to be leased to the ground
lessee is generally described as approximately 10 acres of land situated
on the Southampton campus of the state university of New York at Stony
Brook, subject to all existing easements and restrictions of record.
§ 9. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 10. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 11. This act shall take effect immediately.
S. 8306--A 53 A. 8806--A
SUBPART C
Section 1. Notwithstanding the provisions of section 400 of the trans-
portation law, or any other provision of law to the contrary, the
commissioner of transportation is hereby authorized and empowered to
transfer and convey certain state-owned real property, as described in
section two of this act, upon such terms and conditions as the commis-
sioner may deem appropriate.
§ 2. The lands authorized by this act to be conveyed consist of two
parcels of land in the town of Babylon, Suffolk county, constituting tax
map numbers 0100-050.00-01.00-003.000 and 0100-050.00-01.00-002.000, and
generally described as approximately twelve and one-half acres of land
located north of Conklin Street and east of Route 110.
§ 3. The description in section two of this act of the lands to be
conveyed is not intended to be a legal description and is intended only
to identify the premises to be conveyed.
§ 4. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section, or subpart of this part shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder of that subpart or this part, but
shall be confined in its operation to the clause, sentence, paragraph,
subdivision, section, or subpart directly involved in the controversy in
which such judgment shall have been rendered. It is hereby declared to
be the intent of the legislature that this part and each subpart herein
would have been enacted even if such invalid provisions had not been
included herein.
§ 3. This act shall take effect immediately; provided, however, that
the applicable effective date of Subparts A through C of this act shall
be as specifically set forth in the last section of such Subparts.
PART Q
Section 1. Subdivision 3 of section 26 of the multiple dwelling law,
as amended by chapter 748 of the laws of 1961, is amended to read as
follows:
3. Floor area ratio (FAR). [The] EXCEPT AS OTHERWISE PROVIDED IN AND
DETERMINED UNDER A ZONING LAW, ORDINANCE, OR RESOLUTION OF A CITY WITH A
POPULATION OF ONE MILLION OR MORE, OR AFTER CONSULTATION WITH LOCAL
OFFICIALS, AS PROVIDED IN A GENERAL PROJECT PLAN OF THE NEW YORK STATE
URBAN DEVELOPMENT CORPORATION, THE floor area ratio (FAR) of any dwell-
ing or dwellings on a lot shall not exceed 12.0, except that a fireproof
class B dwelling in which six or more passenger elevators are maintained
and operated in any city having a local zoning law, ordinance or resol-
ution restricting districts in such city to residential use, may be
erected in accordance with the provisions of such zoning law, ordinance
or resolution, if such class B dwelling is erected in a district no part
of which is restricted by such zoning law, ordinance or resolution to
residential uses.
§ 2. This act shall take effect immediately.
PART R
Section 1. Paragraphs c and d of subdivision 2 of section 224-a of the
labor law, as added by section 1 of part FFF of chapter 58 of the laws
of 2020, are amended and a new paragraph e is added to read as follows:
S. 8306--A 54 A. 8806--A
c. Money loaned by the public entity that is to be repaid on a contin-
gent basis; [or]
d. Credits that are applied by the public entity against repayment of
obligations to the public entity[.]; OR
E. BENEFITS UNDER SECTION FOUR HUNDRED SIXTY-SEVEN-M OF THE REAL PROP-
ERTY TAX LAW.
§ 2. The real property tax law is amended by adding a new section
467-m to read as follows:
§ 467-M. EXEMPTION FROM LOCAL REAL PROPERTY TAXATION OF CERTAIN MULTI-
PLE DWELLINGS IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 1.
DEFINITIONS. FOR PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
A. "AFFORDABLE HOUSING FROM COMMERCIAL CONVERSIONS TAX INCENTIVE BENE-
FITS" HEREINAFTER REFERRED TO AS "AHCC PROGRAM BENEFITS", SHALL MEAN THE
EXEMPTION FROM REAL PROPERTY TAXATION AUTHORIZED PURSUANT TO THIS
SECTION.
B. "AFFORDABILITY REQUIREMENT" SHALL MEAN THAT WITHIN ANY ELIGIBLE
MULTIPLE DWELLING: (I) NOT LESS THAN TWENTY PERCENT OF THE DWELLING
UNITS ARE AFFORDABLE HOUSING UNITS; (II) NOT LESS THAN FIVE PERCENT OF
THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS; (III) THE
WEIGHTED AVERAGE OF ALL INCOME BANDS FOR ALL OF THE AFFORDABLE HOUSING
UNITS DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
FOR FAMILY SIZE; (IV) THERE ARE NO MORE THAN THREE INCOME BANDS FOR ALL
OF THE AFFORDABLE HOUSING UNITS; AND (V) NO INCOME BAND FOR AFFORDABLE
HOUSING UNITS EXCEEDS ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE.
C. "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING UNIT
THAT: (I) IS SITUATED WITHIN THE ELIGIBLE MULTIPLE DWELLING FOR WHICH
AHCC PROGRAM BENEFITS ARE GRANTED; AND (II) UPON INITIAL RENTAL AND UPON
EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERI-
OD, IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMI-
LIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA
MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
D. "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVIDUAL-
LY: (I) AN AFFORDABLE HOUSING FORTY PERCENT UNIT; AND (II) ANY OTHER
UNIT THAT MEETS THE AFFORDABILITY REQUIREMENT UPON INITIAL RENTAL AND
UPON EACH SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION
PERIOD, AND IS AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS
OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED THE INCOME BANDS
ESTABLISHED IN CONJUNCTION WITH SUCH AFFORDABILITY REQUIREMENT.
E. "AGENCY" SHALL MEAN THE NEW YORK CITY DEPARTMENT OF HOUSING PRESER-
VATION AND DEVELOPMENT.
F. "APPLICATION" SHALL MEAN AN APPLICATION FOR AHCC PROGRAM BENEFITS.
G. "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
NANCE OF, AN ELIGIBLE MULTIPLE DWELLING, 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 SUCH ELIGIBLE MULTIPLE DWELLING.
H. "COMMENCEMENT DATE" SHALL MEAN THE DATE UPON WHICH THE ACTUAL
CONSTRUCTION OF THE ELIGIBLE CONVERSION LAWFULLY BEGINS IN GOOD FAITH.
I. "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL DEPART-
MENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF
S. 8306--A 55 A. 8806--A
OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELL-
ING.
J. "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, A PERIOD: (I) BEGINNING ON THE LATER OF THE COMMENCE-
MENT DATE OR THREE YEARS BEFORE THE COMPLETION DATE; AND (II) ENDING ON
THE DAY PRECEDING THE COMPLETION DATE.
K. "DWELLING" OR "DWELLINGS" SHALL HAVE THE SAME MEANING AS SET FORTH
IN SUBDIVISION FOUR OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
L. "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION OF A NON-RESIDEN-
TIAL BUILDING, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, TO AN
ELIGIBLE MULTIPLE DWELLING.
M. "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING WHICH
WAS SUBJECT TO AN ELIGIBLE CONVERSION IN WHICH: (I) ALL DWELLING UNITS
INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING; (II) SIX OR
MORE DWELLING UNITS HAVE BEEN CREATED THROUGH AN ELIGIBLE CONVERSION;
(III) THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY-TWO AND ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-
THREE; AND (IV) THE COMPLETION DATE IS ON OR BEFORE DECEMBER THIRTY-
FIRST, TWO THOUSAND THIRTY-NINE.
N. "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
O. "FLOOR AREA" SHALL MEAN THE HORIZONTAL AREAS OF THE SEVERAL FLOORS,
OR ANY PORTION THEREOF, OF A DWELLING OR DWELLINGS, AND ACCESSORY STRUC-
TURES ON A LOT MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS, OR
FROM THE CENTER LINE OF PARTY WALLS.
P. "INCOME BAND" SHALL MEAN A PERCENTAGE OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, THAT IS A MULTIPLE OF TEN PERCENT.
Q. "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOT NOW
EXISTING OR HEREAFTER CREATED WHICH IS LOCATED ENTIRELY SOUTH OF 96TH
STREET IN THE BOROUGH OF MANHATTAN.
R. "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
S. "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM TWEN-
TY PERCENT TO THIRTY PERCENT OF THE AREA MEDIAN INCOME OR INCOME BAND,
RESPECTIVELY, THAT IS APPLICABLE TO A SPECIFIC AFFORDABLE HOUSING UNIT.
T. "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING AS SET FORTH IN
SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
U. "NON-RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE OR PORTION OF A
STRUCTURE, EXCEPT A HOTEL OR OTHER CLASS B MULTIPLE DWELLING, HAVING AT
LEAST ONE FLOOR, A ROOF AND AT LEAST THREE WALLS ENCLOSING ALL OR MOST
OF THE SPACE USED IN CONNECTION WITH THE STRUCTURE OR PORTION OF THE
STRUCTURE, WHICH HAS A CERTIFICATE OF OCCUPANCY FOR COMMERCIAL, MANUFAC-
TURING OR OTHER NON-RESIDENTIAL USE FOR NOT LESS THAN NINETY PERCENT OF
THE AGGREGATE FLOOR AREA OF SUCH STRUCTURE OR PORTION OF SUCH STRUCTURE,
OR OTHER PROOF OF SUCH NON-RESIDENTIAL USE AS IS ACCEPTABLE TO THE AGEN-
CY.
V. "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
CONTAIN ANY DWELLING UNITS.
W. "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILIZA-
TION 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 THIS SECTION OR AS AMENDED THERE-
AFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING
SUBSTANTIALLY THE SAME SUBJECT MATTER.
X. "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
UNITS.
S. 8306--A 56 A. 8806--A
Y. "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE
COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITHSTANDING ANY EARLIER
TERMINATION OR REVOCATION OF AHCC PROGRAM BENEFITS.
2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE,
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, A NEW ELIGIBLE MULTIPLE DWELLING, EXCEPT A HOTEL,
THAT COMPLIES WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM
REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS,
IN THE AMOUNTS AND FOR THE PERIODS WHICH SHALL BE SET FORTH IN REGU-
LATIONS PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL, IN
CONSULTATION WITH THE AGENCY, PROVIDED THAT SUCH ELIGIBLE MULTIPLE
DWELLING IS USED OR HELD OUT FOR USE FOR DWELLING PURPOSES.
3. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS SECTION, THE OWNER OF ANY ELIGIBLE MULTIPLE DWELLING RECEIVING AHCC
PROGRAM BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH AHCC PROGRAM
BENEFITS ARE IN EFFECT, ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
4. LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN
AN ELIGIBLE MULTIPLE DWELLING EXCEEDS TWELVE PERCENT OF THE AGGREGATE
FLOOR AREA IN SUCH ELIGIBLE MULTIPLE DWELLING, ANY AHCC PROGRAM BENEFITS
SHALL BE REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE
MULTIPLE DWELLING CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF
SUCH REDUCTION IN AHCC PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO
RATA AMONG ANY NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL
TAX LOTS ARE FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH
REDUCTION IN AHCC PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO
RATA AMONG THE REMAINING RESIDENTIAL TAX LOTS. FOR THE PURPOSES OF THIS
SECTION, ACCESSORY USE SPACE SHALL NOT INCLUDE HOME OCCUPATION SPACE OR
ACCESSORY PARKING SPACE LOCATED NOT MORE THAN TWENTY-THREE FEET ABOVE
THE CURB LEVEL.
5. APPLICATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
CERTIFYING ELIGIBILITY FOR AHCC PROGRAM BENEFITS, THE DEPARTMENT OF
FINANCE SHALL DETERMINE THE AMOUNT OF THE EXEMPTION PURSUANT TO SUBDIVI-
SIONS TWO AND FOUR OF THIS SECTION AND SHALL APPLY THE EXEMPTION TO THE
ASSESSED VALUE OF THE ELIGIBLE MULTIPLE DWELLING.
6. AFFORDABILITY REQUIREMENTS. AN ELIGIBLE MULTIPLE DWELLING SHALL
COMPLY WITH THE AFFORDABILITY REQUIREMENT DEFINED IN PARAGRAPH B OF
SUBDIVISION ONE OF THIS SECTION DURING THE RESTRICTION PERIOD. AN ELIGI-
BLE MULTIPLE DWELLING SHALL ALSO COMPLY WITH THE FOLLOWING REQUIREMENTS
DURING THE RESTRICTION PERIOD:
A. ALL AFFORDABLE HOUSING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS RENTAL MARKET RATE
UNITS IN SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A
SPECIFIC FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON
ENTRANCES SHALL MEAN ANY MEANS OF INGRESS OR EGRESS REGULARLY USED BY
ANY RESIDENT OF A RENTAL DWELLING UNIT IN THE ELIGIBLE MULTIPLE DWELL-
ING.
B. UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
HOUSING PROGRAM, EITHER: (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE RENTAL
MARKET UNITS; OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING
UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS
AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS
SHALL HAVE LESS THAN ONE BEDROOM.
C. NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
RY: (I) ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT
S. 8306--A 57 A. 8806--A
STABILIZATION DURING THE RESTRICTION PERIOD; AND (II) ANY AFFORDABLE
HOUSING UNIT OCCUPIED BY A TENANT THAT HAS BEEN APPROVED BY THE AGENCY
PRIOR TO THE AGENCY'S DENIAL OF AN ELIGIBLE MULTIPLE DWELLING'S APPLICA-
TION FOR AHCC PROGRAM BENEFITS SHALL REMAIN SUBJECT TO RENT STABILIZA-
TION UNTIL SUCH TENANT VACATES SUCH AFFORDABLE HOUSING UNIT.
D. ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL
CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
UNITS CREATED PURSUANT TO THIS SECTION AS "AHCC PROGRAM AFFORDABLE HOUS-
ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT
APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
E. FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION THAT
REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE, AND
OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF AHCC
PROGRAM BENEFITS.
F. NOTHING IN THIS SECTION SHALL: (I) 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 OR
INCOME BAND, AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH
AFFORDABLE HOUSING UNIT PURSUANT TO THIS SECTION; OR (II) PROHIBIT THE
OWNER OF AN ELIGIBLE MULTIPLE DWELLING 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.
G. 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 OR INCOME BAND,
AS APPLICABLE, ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE
HOUSING UNIT PURSUANT TO THIS SECTION AND WHO INTEND TO OCCUPY SUCH
AFFORDABLE HOUSING UNIT AS THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUS-
ING UNIT SHALL NOT BE: (I) RENTED TO A CORPORATION, PARTNERSHIP OR OTHER
ENTITY; OR (II) HELD OFF THE MARKET FOR A PERIOD LONGER THAN IS REASON-
ABLY NECESSARY TO PERFORM REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING
UNIT AVAILABLE FOR OCCUPANCY.
H. 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.
I. AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE OR
CONDOMINIUM OWNERSHIP.
J. THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
DEEMS NECESSARY OR APPROPRIATE FOR: (I) THE MARKETING OF AFFORDABLE
HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY; (II)
MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION; (III) THE
ESTABLISHMENT OF MARKETING BANDS FOR AFFORDABLE HOUSING UNITS; AND (IV)
SPECIFYING THE LEGAL INSTRUMENT BY WHICH THE MARKETING, AFFORDABILITY,
RENT STABILIZATION, PERMITTED RENT, AND ANY OTHER REQUIREMENT ASSOCIATED
WITH THIS BENEFIT WILL BE RECORDED AND ENFORCED. SUCH REQUIREMENTS MAY
INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE
AGENCY AND PAID FOR BY THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING.
K. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE
ABSENCE OF AHCC PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT
STABILIZATION.
7. BUILDING SERVICE EMPLOYEES. A. FOR THE PURPOSES OF THIS SUBDIVI-
SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR AHCC PROGRAM BENEFITS, ANY
SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
S. 8306--A 58 A. 8806--A
EES FOR SUCH APPLICANT INCLUDING, BUT NOT LIMITED TO, A PROPERTY MANAGE-
MENT COMPANY OR CONTRACTOR.
B. ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
ELIGIBLE MULTIPLE DWELLING SHALL RECEIVE THE APPLICABLE PREVAILING WAGE
FOR THE DURATION OF THE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
FITS PROVIDED PURSUANT TO THIS SECTION ARE REVOKED OR TERMINATED.
C. THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
OF THIS SUBDIVISION. IN ENFORCING 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,
AND 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; PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL
NOT BE CONSIDERED WAGES OR A FRINGE BENEFIT; (II) TO INSTITUTE AND
CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR ELSEWHERE; (III) TO EXAM-
INE 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 SUBPOENAS, THE
ENFORCEMENT OF WHICH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW AND
RULES, ADMINISTER OATHS AND EXAMINE WITNESSES; (V) TO MAKE A CLASSIFICA-
TION BY CRAFT, TRADE OR OTHER GENERALLY RECOGNIZED OCCUPATIONAL CATEGORY
OF THE BUILDING SERVICE EMPLOYEES AND TO DETERMINE WHETHER SUCH WORK HAS
BEEN PERFORMED BY THE BUILDING SERVICE EMPLOYEES IN SUCH CLASSIFICATION;
(VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK; (VII) TO DELEGATE ANY OF THE FORE-
GOING POWERS TO HIS OR HER DEPUTY OR OTHER AUTHORIZED REPRESENTATIVE;
(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 SUBDIVISION; AND (IX) TO
PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH B OF
THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF (A) BACK
WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES THE
AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
AND/OR (C) REASONABLE ATTORNEYS' FEES. IF THE FISCAL OFFICER FINDS THAT
THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
SION, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
AGENCY.
D. PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO: (I) AN
ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING UNITS;
OR (II) AN ELIGIBLE MULTIPLE DWELLING WHOSE ELIGIBLE CONVERSION IS
CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSI-
DIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR
INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE
HOUSING.
E. THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION
CERTIFYING THAT IT SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVI-
SION OR IS EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION.
UPON THE AGENCY'S APPROVAL OF SUCH APPLICATION, THE APPLICANT WHO IS NOT
EXEMPT IN ACCORDANCE WITH PARAGRAPH D OF THIS SUBDIVISION SHALL SUBMIT
ANNUALLY A SWORN AFFIDAVIT TO THE FISCAL OFFICER CERTIFYING THAT IT
SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION.
S. 8306--A 59 A. 8806--A
8. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
RECEIVING AHCC PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR
ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
9. 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 AHCC
PROGRAM BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR
TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A TAX EXEMPTION
PURSUANT TO THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED
TWENTY-C OF THIS TITLE.
10. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE AHCC
PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION. ALL OF THE AFFORD-
ABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION AND ALL
OTHER REQUIREMENTS OF THIS SECTION FOR THE DURATION OF THE RESTRICTION
PERIOD, REGARDLESS OF WHETHER SUCH BENEFITS HAVE BEEN TERMINATED OR
REVOKED.
11. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION
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.
12. MULTIPLE TAX LOTS. IF AN ELIGIBLE MULTIPLE DWELLING 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
AHCC PROGRAM BENEFITS BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICA-
TION AND BENEFITS FOR EACH SUCH ELIGIBLE MULTIPLE DWELLING SHALL BE
BASED UPON THE COMPLETION DATE OF EACH SUCH MULTIPLE DWELLING.
13. APPLICATIONS. A. THE APPLICATION WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NO EARLIER THAN THE
COMPLETION DATE AND NOT LATER THAN ONE YEAR AFTER THE COMPLETION DATE OF
SUCH ELIGIBLE MULTIPLE DWELLING.
B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
C. 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 ARCHITECT OR ENGINEER 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 EDUCA-
TION LAW AND SHALL THEREAFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION
PURSUANT TO THIS SECTION.
D. SUCH APPLICATION SHALL ALSO CERTIFY THAT ALL TAXES, WATER CHARGES,
AND SEWER RENTS CURRENTLY DUE AND OWING ON THE PROPERTY WHICH IS THE
SUBJECT OF THE APPLICATION HAVE BEEN PAID OR ARE CURRENTLY BEING PAID IN
TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT
OF FINANCE OR OTHER APPROPRIATE AGENCY.
14. FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF NO LESS THAN
THREE THOUSAND DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICA-
TION, EXCEPT THAT THE AGENCY MAY PROMULGATE RULES:
A. IMPOSING A LESSER FEE FOR AN ELIGIBLE MULTIPLE DWELLING WHOSE
ELIGIBLE CONVERSION IS CARRIED OUT WITH THE SUBSTANTIAL ASSISTANCE OF
GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR LOCAL GOVERN-
MENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOP-
MENT OF AFFORDABLE HOUSING; AND
S. 8306--A 60 A. 8806--A
B. REQUIRING A PORTION OF THE FILING FEE TO BE PAID UPON THE
SUBMISSION OF THE INFORMATION THE AGENCY REQUIRES IN ADVANCE OF APPROV-
ING THE COMMENCEMENT OF THE MARKETING PROCESS FOR SUCH ELIGIBLE CONVER-
SION.
15. RULES. EXCEPT AS PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION,
THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE PROVISIONS OF
THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS OF
THIS SECTION.
16. PENALTIES FOR VIOLATIONS OF AFFORDABILITY REQUIREMENTS. A. ON OR
AFTER THE EXPIRATION DATE OF THE BENEFIT PROVIDED PURSUANT TO THIS
SECTION, THE AGENCY MAY IMPOSE, AFTER NOTICE AND AN OPPORTUNITY TO BE
HEARD, A PENALTY FOR ANY VIOLATION BY AN ELIGIBLE MULTIPLE DWELLING OF
THE AFFORDABILITY REQUIREMENTS OF SUBDIVISION SIX OF THIS SECTION.
B. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE COMPUTED AS A
PERCENTAGE OF THE CAPITALIZED VALUE OF ALL AHCC PROGRAM BENEFITS ON THE
ELIGIBLE MULTIPLE DWELLING, CALCULATED AS OF THE FIRST YEAR THAT BENE-
FITS WERE GRANTED, NOT TO EXCEED ONE THOUSAND PERCENT. THE AGENCY SHALL
ESTABLISH A SCHEDULE AND METHOD OF CALCULATION OF SUCH PENALTIES PURSU-
ANT TO SUBDIVISION FIFTEEN OF THIS SECTION.
C. A PENALTY IMPOSED UNDER THIS SUBDIVISION SHALL BE IMPOSED AGAINST
THE OWNER OF THE ELIGIBLE MULTIPLE DWELLING AT THE TIME THE VIOLATION
OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE MULTIPLE
DWELLING AT THE TIME OF THE AGENCY'S DETERMINATION.
D. A PERSON OR ENTITY WHO FAILS TO PAY A PENALTY IMPOSED PURSUANT TO
THIS SUBDIVISION SHALL BE GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRI-
SONMENT NOT TO EXCEED SIX MONTHS.
§ 3. This act shall take effect immediately.
PART S
Section 1. The multiple dwelling law is amended by adding a new arti-
cle 7-D to read as follows:
ARTICLE 7-D
LEGALIZATION AND CONVERSION OF BASEMENT AND CELLAR DWELLING UNITS
SECTION 288. DEFINITIONS.
289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS.
290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND
INHABITED CELLAR DWELLING UNITS.
§ 288. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. THE TERM "INHABITED BASEMENT DWELLING UNIT" MEANS A BASEMENT UNLAW-
FULLY OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE
EFFECTIVE DATE OF THIS ARTICLE;
2. THE TERM "INHABITED CELLAR DWELLING UNIT" MEANS A CELLAR UNLAWFULLY
OCCUPIED AS A RESIDENCE BY ONE OR MORE TENANTS ON OR PRIOR TO THE EFFEC-
TIVE DATE OF THIS ARTICLE;
3. THE TERM "RENTED" MEANS LEASED, LET, OR HIRED OUT, WITH OR WITHOUT
A WRITTEN AGREEMENT; AND
4. THE TERM "TENANT" MEANS AN INDIVIDUAL TO WHOM AN INHABITED BASEMENT
DWELLING UNIT IS RENTED.
§ 289. BASEMENT AND CELLAR LOCAL LAWS AND REGULATIONS. 1. NOTWITH-
STANDING ANY OTHER PROVISION OF STATE OR LOCAL LAW TO THE CONTRARY, IN A
CITY WITH A POPULATION OF ONE MILLION OR MORE, THE LOCAL LEGISLATIVE
BODY MAY, BY LOCAL LAW, ESTABLISH A PROGRAM TO ADDRESS, PROVIDED THAT
HEALTH AND SAFETY ARE PROTECTED, (A) THE LEGALIZATION OF SPECIFIED
INHABITED BASEMENT DWELLING UNITS AND INHABITED CELLAR DWELLING UNITS IN
S. 8306--A 61 A. 8806--A
EXISTENCE PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE THROUGH CONVERSION
TO LEGAL DWELLING UNITS, OR (B) THE CONVERSION OF OTHER SPECIFIED BASE-
MENT AND CELLAR DWELLING UNITS IN EXISTENCE PRIOR TO THE EFFECTIVE DATE
OF THIS ARTICLE TO LEGAL DWELLING UNITS. THE LOCAL LAW AUTHORIZED BY
THIS SECTION, AND ANY RULES OR REGULATIONS PROMULGATED THEREUNDER, SHALL
NOT BE SUBJECT TO ENVIRONMENTAL REVIEW, INCLUDING ENVIRONMENTAL REVIEW
CONDUCTED PURSUANT TO ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION
LAW AND ANY STATE AND LOCAL REGULATIONS PROMULGATED THEREUNDER.
2. THE PROGRAM ESTABLISHED BY SUCH LOCAL LAW MAY PROVIDE TO AN OWNER
WHO CONVERTS AN INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR
DWELLING UNIT IN ACCORDANCE WITH A LOCAL LAW AUTHORIZED BY THIS ARTICLE
OR WHO OTHERWISE ABATES THE ILLEGAL OCCUPANCY OF AN INHABITED BASEMENT
DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT, (A) FREEDOM FROM ANY
CIVIL OR ADMINISTRATIVE LIABILITY, CITATIONS, FINES, PENALTIES, JUDG-
MENTS OR ANY OTHER DETERMINATIONS OF OR PROSECUTION FOR CIVIL
VIOLATIONS OF THIS CHAPTER, OTHER STATE LAW OR LOCAL LAW OR RULES, AND
THE ZONING RESOLUTION OF SUCH CITY, AND (B) RELIEF FROM ANY OUTSTANDING
CIVIL JUDGMENTS ISSUED IN CONNECTION WITH ANY SUCH VIOLATION OF SUCH
LAWS, RULES OR ZONING RESOLUTION ISSUED BEFORE THE EFFECTIVE DATE OF
THIS ARTICLE. PROVIDED THAT SUCH LOCAL LAW SHALL REQUIRE THAT ALL
APPLICATIONS FOR CONVERSIONS BE FILED BY A DATE CERTAIN SUBSEQUENT TO
THE EFFECTIVE DATE OF THIS ARTICLE, PROVIDED FURTHER THAT SUCH DATE
SHALL NOT EXCEED FIVE YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
3. SUCH LOCAL LAW MAY PROVIDE THAT ANY PROVISION OF THIS CHAPTER OR
LOCAL LAW, RULE OR REGULATION, SHALL NOT BE APPLICABLE TO PROVIDE FOR
THE ALTERATIONS NECESSARY FOR THE CONVERSION OF A SPECIFIED INHABITED
BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT OR OTHER SPECI-
FIED BASEMENT OR CELLAR DWELLING UNIT IN EXISTENCE PRIOR TO THE EFFEC-
TIVE DATE INTO A LAWFUL DWELLING UNIT. ANY AMENDMENT OF THE ZONING
RESOLUTION NECESSARY TO ENACT SUCH PROGRAM SHALL BE SUBJECT TO A PUBLIC
HEARING AT THE PLANNING COMMISSION OF SUCH LOCALITY, AND APPROVAL BY
SUCH COMMISSION AND THE LEGISLATIVE BODY OF SUCH LOCAL GOVERNMENT,
PROVIDED, HOWEVER, THAT IT SHALL NOT REQUIRE ENVIRONMENTAL REVIEW,
INCLUDING ENVIRONMENTAL REVIEW CONDUCTED PURSUANT TO ARTICLE EIGHT OF
THE ENVIRONMENTAL CONSERVATION LAW AND ANY STATE AND LOCAL REGULATIONS
PROMULGATED THEREUNDER, OR ANY ADDITIONAL LAND USE REVIEW.
§ 290. TENANT PROTECTIONS IN INHABITED BASEMENT DWELLING UNITS AND
INHABITED CELLAR DWELLING UNITS. 1. THE PROGRAM AUTHORIZED BY THIS
ARTICLE SHALL REQUIRE AN APPLICATION TO MAKE ALTERATIONS TO LEGALIZE AN
INHABITED BASEMENT DWELLING UNIT OR INHABITED CELLAR DWELLING UNIT BE
ACCOMPANIED BY A CERTIFICATION INDICATING WHETHER SUCH UNIT WAS RENTED
TO A TENANT ON THE EFFECTIVE DATE OF THIS ARTICLE, NOTWITHSTANDING
WHETHER THE OCCUPANCY OF SUCH UNIT WAS AUTHORIZED BY LAW. A CITY MAY NOT
USE SUCH CERTIFICATION AS THE BASIS FOR AN ENFORCEMENT ACTION FOR ILLE-
GAL OCCUPANCY OF SUCH UNIT, PROVIDED THAT NOTHING CONTAINED IN THIS
ARTICLE SHALL BE CONSTRUED TO LIMIT SUCH CITY FROM ISSUING A VACATE
ORDER FOR HAZARDOUS OR UNSAFE CONDITIONS.
2. THE LOCAL LAW AUTHORIZED BY THIS ARTICLE SHALL PROVIDE THAT A
TENANT IN OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE,
WHO IS EVICTED OR OTHERWISE REMOVED FROM SUCH UNIT AS A RESULT OF AN
ALTERATION NECESSARY TO BRING AN INHABITED BASEMENT DWELLING UNIT OR
INHABITED CELLAR DWELLING UNIT INTO COMPLIANCE WITH THE STANDARDS ESTAB-
LISHED BY THE LOCAL LAW AUTHORIZED BY THIS ARTICLE, SHALL HAVE A RIGHT
OF FIRST REFUSAL TO RETURN TO SUCH UNIT AS A TENANT UPON ITS FIRST
LAWFUL OCCUPANCY AS A LEGAL DWELLING UNIT, NOTWITHSTANDING WHETHER THE
OCCUPANCY AT THE TIME OF THE EFFECTIVE DATE OF THIS ARTICLE WAS AUTHOR-
S. 8306--A 62 A. 8806--A
IZED BY LAW. SUCH LOCAL LAW SHALL SPECIFY HOW TO DETERMINE PRIORITY WHEN
MULTIPLE TENANTS MAY CLAIM SUCH RIGHT.
3. A TENANT UNLAWFULLY DENIED A RIGHT OF FIRST REFUSAL TO RETURN TO A
LEGAL DWELLING UNIT, AS PROVIDED PURSUANT TO THE LOCAL LAW AUTHORIZED BY
THIS ARTICLE, SHALL HAVE A CAUSE OF ACTION IN ANY COURT OF COMPETENT
JURISDICTION FOR COMPENSATORY DAMAGES OR DECLARATORY AND INJUNCTIVE
RELIEF AS THE COURT DEEMS NECESSARY IN THE INTERESTS OF JUSTICE,
PROVIDED THAT SUCH COMPENSATORY RELIEF SHALL NOT EXCEED THE ANNUAL
RENTAL CHARGES FOR SUCH LEGAL DWELLING UNIT.
§ 2. This act shall take effect immediately.
PART T
Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
section 421-a of the real property tax law, as amended by section 3 of
part TTT of chapter 59 of the laws of 2017, is amended to read as
follows:
(xxviii) "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 twenty-two, and for which the
completion date is on or before June fifteenth, two thousand [twenty-
six] THIRTY-ONE.
§ 2. This act shall take effect immediately.
PART U
Section 1. The real property tax law is amended by adding a new
section 485-x to read as follows:
§ 485-X. AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE. 1.
DEFINITIONS. FOR PURPOSES OF THIS SECTION:
(A) "AFFORDABLE NEIGHBORHOODS FOR NEW YORKERS TAX INCENTIVE BENEFITS
(HEREINAFTER REFERRED TO AS "ANNY PROGRAM BENEFITS")" SHALL MEAN THE
EXEMPTION FROM REAL PROPERTY TAXATION PURSUANT TO THIS SECTION.
(B) "AFFORDABLE HOMEOWNERSHIP PROGRAM" SHALL ONLY APPLY TO A HOMEOWN-
ERSHIP PROJECT, OF WHICH A PRESCRIBED PERCENT OF THE UNITS SHALL, UPON
INITIAL SALE IMMEDIATELY SUBSEQUENT TO THE COMPLETION DATE AND UPON EACH
SUBSEQUENT SALE FOR FORTY YEARS IMMEDIATELY SUBSEQUENT TO THE COMPLETION
DATE, BE AFFORDABLE TO INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME
DOES NOT EXCEED A PRESCRIBED PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED
FOR FAMILY SIZE, AND WHERE EACH OWNER OF ANY SUCH UNIT SHALL AGREE, IN
WRITING, TO MAINTAIN SUCH UNIT AS THEIR PRIMARY RESIDENCE FOR NO LESS
THAN FIVE YEARS FROM THE ACQUISITION OF SUCH UNIT, AND SUCH PROJECT IS
SUBJECT TO A REGULATORY AGREEMENT WITH A CITY OR STATE AGENCY. THE
PRESCRIBED PERCENTAGE OF THE UNITS AND THE PRESCRIBED PERCENTAGE OF THE
AREA MEDIAN INCOME SHALL BE SET FORTH IN REGULATIONS PROMULGATED BY THE
AGENCY IN ACCORDANCE WITH THE GOALS AND FACTORS SET FORTH IN SUBDIVISION
EIGHT OF THIS SECTION.
(C) "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.
(D) "AFFORDABLE HOUSING UNIT" SHALL MEAN A DWELLING UNIT THAT: (I) IS
SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH ANNY PROGRAM BENEFITS ARE
GRANTED; AND (II) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL
S. 8306--A 63 A. 8806--A
FOLLOWING A VACANCY DURING THE APPLICABLE RESTRICTION PERIOD, IS AFFORD-
ABLE TO AND RESTRICTED TO OCCUPANCY BY A HOUSEHOLD WHOSE INCOME DOES NOT
EXCEED A PRESCRIBED PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH
DWELLING UNIT. THE PRESCRIBED AREA MEDIAN INCOME PERCENTAGES SHALL BE
SET FORTH IN REGULATIONS PROMULGATED BY THE AGENCY IN ACCORDANCE WITH
THE GOALS AND FACTORS SET FORTH IN SUBDIVISION EIGHT OF THIS SECTION.
(E) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT.
(F) "APPLICATION" SHALL MEAN AN APPLICATION FOR ANNY PROGRAM BENEFITS.
(G) "AVERAGE HOURLY WAGE" SHALL MEAN THE AMOUNT EQUAL TO THE AGGREGATE
AMOUNT OF ALL WAGES AND ALL EMPLOYEE BENEFITS PAID TO, OR ON BEHALF OF,
CONSTRUCTION WORKERS FOR CONSTRUCTION WORK DIVIDED BY THE AGGREGATE
NUMBER OF HOURS OF CONSTRUCTION WORK.
(H) "BROOKLYN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW
EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN THE
BOROUGH OF BROOKLYN AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER-
STANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS
SECTION.
(I) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE-
NANCE OF, AN 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.
(J) "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.
(K) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE MULTI-
PLE DWELLING, THE DATE UPON WHICH THE LOCAL DEPARTMENT OF BUILDINGS
ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVER-
ING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTIPLE DWELLING.
(L) "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING, A PERIOD: (I) 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 (II) ENDING ON
THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL-
ING.
(M) "CONSTRUCTION WORK" SHALL MEAN THE PROVISION OF LABOR PERFORMED ON
AN ELIGIBLE SITE BETWEEN THE COMMENCEMENT DATE AND THE COMPLETION DATE,
WHEREBY MATERIALS AND CONSTITUENT PARTS ARE COMBINED TO INITIALLY FORM,
MAKE OR BUILD AN ELIGIBLE MULTIPLE DWELLING, INCLUDING WITHOUT LIMITA-
TION, PAINTING, OR PROVIDING OF MATERIAL, ARTICLES, SUPPLIES OR EQUIP-
MENT IN THE ELIGIBLE MULTIPLE DWELLING, BUT EXCLUDING SECURITY PERSONNEL
AND WORK RELATED TO THE FIT-OUT OF COMMERCIAL SPACES.
(N) "CONSTRUCTION WORKERS" SHALL MEAN ALL PERSONS PERFORMING
CONSTRUCTION WORK WHO (I) ARE PAID ON AN HOURLY BASIS AND (II) ARE NOT
IN A MANAGEMENT OR EXECUTIVE ROLE OR POSITION.
(O) "CONTRACTOR CERTIFIED PAYROLL REPORT" SHALL MEAN AN ORIGINAL
PAYROLL REPORT SUBMITTED BY A CONTRACTOR OR SUB-CONTRACTOR TO THE INDE-
PENDENT MONITOR SETTING FORTH TO THE BEST OF THE CONTRACTOR'S OR SUB-
CONTRACTOR'S KNOWLEDGE, THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK
S. 8306--A 64 A. 8806--A
PERFORMED BY CONSTRUCTION WORKERS, AND THE AMOUNT OF WAGES AND EMPLOYEE
BENEFITS PAID TO CONSTRUCTION WORKERS FOR CONSTRUCTION WORK.
(P) "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.
(Q) "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 WITHIN FIVE YEARS SUBSEQUENT TO THE DATE ON WHICH THE MEMO-
RANDUM OF UNDERSTANDING IS ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-
TWO OF THIS SECTION, AND FOR WHICH THE COMPLETION DATE IS WITHIN NINE
YEARS SUBSEQUENT TO THE DATE ON WHICH A MEMORANDUM OF UNDERSTANDING IS
ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
(R) "ELIGIBLE SITE" SHALL MEAN EITHER: (I) A TAX LOT CONTAINING AN
ELIGIBLE MULTIPLE DWELLING; OR (II) A ZONING LOT CONTAINING TWO OR MORE
ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
(S) "EMPLOYEE BENEFITS" SHALL MEAN ALL SUPPLEMENTAL COMPENSATION PAID
BY THE EMPLOYER, ON BEHALF OF CONSTRUCTION WORKERS, OTHER THAN WAGES,
INCLUDING, WITHOUT LIMITATION, ANY PREMIUMS OR CONTRIBUTIONS MADE INTO
PLANS OR FUNDS THAT PROVIDE HEALTH, WELFARE, NON-OCCUPATIONAL DISABILITY
COVERAGE, RETIREMENT, VACATION BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND
APPRENTICESHIP TRAINING. THE VALUE OF ANY EMPLOYEE BENEFITS RECEIVED
SHALL BE DETERMINED BASED ON THE PRORATED HOURLY COST TO THE EMPLOYER OF
THE EMPLOYEE BENEFITS RECEIVED BY CONSTRUCTION WORKERS.
(T) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
(U) "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.
(V) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW-INCOME HOUSING
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.
(W) "FORTY-YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION PERIOD,
A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN
ASSESSMENTS FOR LOCAL IMPROVEMENTS; AND (II) FOR THE FIRST FORTY YEARS
OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL
PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS.
(X) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OPERATED AS
CONDOMINIUM OR COOPERATIVE HOUSING.
(Y) "HOMEOWNERSHIP PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE FORTIETH ANNIVER-
SARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR
REVOCATION OF ANNY PROGRAM BENEFITS.
(Z) "INDEPENDENT MONITOR" SHALL MEAN AN ACCOUNTANT LICENSED AND IN
GOOD STANDING PURSUANT TO ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCA-
TION LAW.
(AA) "JOB ACTION" SHALL MEAN ANY DELAY, INTERRUPTION OR INTERFERENCE
WITH THE CONSTRUCTION WORK CAUSED BY THE ACTIONS OF ANY LABOR ORGANIZA-
TION OR CONCERTED ACTION OF ANY EMPLOYEES AT THE ELIGIBLE SITE, INCLUD-
ING WITHOUT LIMITATION, STRIKES, SYMPATHY STRIKES, WORK STOPPAGES, WALK
OUTS, SLOWDOWNS, PICKETING, BANNERING, HAND BILLING, DEMONSTRATIONS,
SICKOUTS, REFUSALS TO CROSS A PICKET LINE, REFUSALS TO HANDLE STRUCK
S. 8306--A 65 A. 8806--A
BUSINESS, AND USE OF THE RAT OR OTHER INFLATABLE BALLOONS OR SIMILAR
DISPLAYS.
(BB) "LARGE RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
THIRTY OR MORE RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS
INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
(CC) "LARGE RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXTENDING IN PERPETUITY, NOTWITH-
STANDING ANY EARLIER TERMINATION OR REVOCATION OF ANNY PROGRAM BENEFITS.
(DD) "MANHATTAN PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS, NOW
EXISTING OR HEREAFTER CREATED, LOCATED ENTIRELY IN THE BOROUGH OF
MANHATTAN AND AS SET FORTH PURSUANT TO THE MEMORANDUM OF UNDERSTANDING
ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION.
(EE) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE
DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
(FF) "MULTIPLE DWELLING" SHALL HAVE THE SAME MEANING SET FORTH IN
SUBDIVISION SEVEN OF SECTION FOUR OF THE MULTIPLE DWELLING LAW.
(GG) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT
CONTAIN ANY DWELLING UNITS.
(HH) "PRIME DEVELOPMENT AREA" SHALL MEAN THE MANHATTAN PRIME DEVELOP-
MENT AREA, THE BROOKLYN PRIME DEVELOPMENT AREA AND THE QUEENS PRIME
DEVELOPMENT AREA.
(II) "PROJECT-WIDE CERTIFIED PAYROLL REPORT" SHALL MEAN A CERTIFIED
PAYROLL REPORT SUBMITTED BY THE INDEPENDENT MONITOR TO THE FISCAL OFFI-
CER BASED ON EACH CONTRACTOR CERTIFIED PAYROLL REPORT WHICH SETS FORTH
THE TOTAL NUMBER OF HOURS OF CONSTRUCTION WORK PERFORMED BY CONSTRUCTION
WORKERS, THE AMOUNT OF WAGES AND EMPLOYEE BENEFITS PAID TO CONSTRUCTION
WORKERS FOR CONSTRUCTION WORK AND THE AVERAGE HOURLY WAGE.
(JJ) "QUEENS PRIME DEVELOPMENT AREA" SHALL MEAN ANY TAX LOTS NOW
EXISTING OR HEREAFTER CREATED WHICH ARE LOCATED ENTIRELY WITHIN THE
BOROUGH OF QUEENS AND AS SET FORTH PURSUANT TO A MEMORANDUM OF UNDER-
STANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS
SECTION.
(KK) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT STABILI-
ZATION 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 TWENTY-FOUR THAT ADDED THIS SECTION OR AS AMENDED THEREAFTER,
TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESSING SUBSTAN-
TIALLY THE SAME SUBJECT MATTER.
(LL) "RENTAL PROJECT" SHALL MEAN, COLLECTIVELY, LARGE RENTAL PROJECT
AND SMALL RENTAL PROJECT.
(MM) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELLING
UNITS.
(NN) "SMALL RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE CONSISTING OF
LESS THAN THIRTY RESIDENTIAL DWELLING UNITS IN WHICH ALL DWELLING UNITS
INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUSING.
(OO) "SMALL RENTAL PROJECT RESTRICTION PERIOD" SHALL MEAN A PERIOD
COMMENCING ON THE COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNI-
VERSARY OF THE COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION
OR REVOCATION OF ANNY PROJECT BENEFITS.
(PP) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN EXEMPT
FACILITY BOND, AS DEFINED IN PARAGRAPH SEVEN OF SUBSECTION (A) OF
SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN
HUNDRED EIGHTY-SIX, AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM
TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF
NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
S. 8306--A 66 A. 8806--A
(QQ) "THIRD-PARTY FUND ADMINISTRATOR" SHALL BE A PERSON OR ENTITY THAT
RECEIVES FUNDS PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND OVER-
SEES AND MANAGES THE DISBURSAL OF SUCH FUNDS TO CONSTRUCTION WORKERS.
THE THIRD-PARTY FUND ADMINISTRATOR SHALL BE A PERSON OR ENTITY APPROVED
BY THE FISCAL OFFICER AND RECOMMENDED BY ONE, OR MORE, REPRESENTATIVE OR
REPRESENTATIVES OF THE LARGEST TRADE ASSOCIATION OF RESIDENTIAL REAL
ESTATE DEVELOPERS, EITHER FOR PROFIT OR NOT-FOR-PROFIT, IN NEW YORK CITY
AND ONE, OR MORE, REPRESENTATIVE OR REPRESENTATIVES OF THE LARGEST TRADE
LABOR ASSOCIATION REPRESENTING BUILDING AND CONSTRUCTION WORKERS, WITH
MEMBERSHIP IN NEW YORK CITY. THE THIRD-PARTY FUND ADMINISTRATOR SHALL
BE APPOINTED FOR A TERM OF THREE YEARS, PROVIDED, HOWEVER, THAT THE
ADMINISTRATOR IN PLACE AT THE END OF A THREE-YEAR TERM SHALL CONTINUE TO
SERVE BEYOND THE END OF THE TERM UNTIL A REPLACEMENT ADMINISTRATOR IS
APPOINTED. THE FISCAL OFFICER, AFTER PROVIDING NOTICE AND AFTER MEETING
WITH THE THIRD-PARTY FUND ADMINISTRATOR, MAY REMOVE SUCH ADMINISTRATOR
FOR CAUSE UPON A FISCAL OFFICER DETERMINATION THAT THE ADMINISTRATOR HAS
BEEN INEFFECTIVE AT OVERSEEING OR MANAGING THE DISBURSAL OF FUNDS TO THE
CONSTRUCTION WORKERS. THE THIRD-PARTY FUND ADMINISTRATOR SHALL, AT THE
REQUEST OF THE FISCAL OFFICER, SUBMIT REPORTS TO THE FISCAL OFFICER.
(RR) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (I) FOR THE CONSTRUCTION
PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION,
OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS; (II) FOR THE FIRST TWEN-
TY-FIVE YEARS OF THE SMALL RENTAL PROJECT RESTRICTION PERIOD OR THE
LARGE RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, A ONE HUNDRED
PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
FOR LOCAL IMPROVEMENTS; AND (III) FOR THE FINAL TEN YEARS OF THE SMALL
RENTAL PROJECT RESTRICTION PERIOD OR FOR THE NEXT TEN YEARS OF THE LARGE
RENTAL PROJECT RESTRICTION PERIOD, AS APPLICABLE, AN EXEMPTION FROM REAL
PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, EQUAL
TO THE AFFORDABILITY PERCENTAGE.
(SS) "WAGES" SHALL MEAN ALL COMPENSATION, REMUNERATION OR PAYMENTS OF
ANY KIND PAID TO, OR ON BEHALF OF, CONSTRUCTION WORKERS, INCLUDING,
WITHOUT LIMITATION, ANY HOURLY COMPENSATION PAID DIRECTLY TO THE
CONSTRUCTION WORKER, TOGETHER WITH EMPLOYEE BENEFITS, SUCH AS HEALTH,
WELFARE, NON-OCCUPATIONAL DISABILITY COVERAGE, RETIREMENT, VACATION
BENEFITS, HOLIDAY PAY, LIFE INSURANCE AND APPRENTICESHIP TRAINING, AND
PAYROLL TAXES, INCLUDING, TO THE EXTENT PERMISSIBLE BY LAW, ALL AMOUNTS
PAID FOR NEW YORK STATE UNEMPLOYMENT INSURANCE, NEW YORK STATE DISABILI-
TY INSURANCE, METROPOLITAN COMMUTER TRANSPORTATION MOBILITY TAX, FEDERAL
UNEMPLOYMENT INSURANCE AND PURSUANT TO THE FEDERAL INSURANCE CONTRIB-
UTIONS ACT OR ANY OTHER PAYROLL TAX THAT IS PAID BY THE EMPLOYER.
2. BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE,
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO
THE CONTRARY, NEW ELIGIBLE MULTIPLE DWELLINGS, EXCEPT HOTELS, THAT
COMPLY WITH THE PROVISIONS OF THIS SECTION SHALL BE EXEMPT FROM REAL
PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, IN THE
AMOUNTS AND FOR THE PERIODS SPECIFIED IN THIS SECTION. A RENTAL PROJECT
THAT MEETS ALL OF THE REQUIREMENTS OF THIS SECTION SHALL RECEIVE A THIR-
TY-FIVE YEAR BENEFIT AND A HOMEOWNERSHIP PROJECT THAT MEETS ALL OF THE
REQUIREMENTS OF THIS SECTION SHALL RECEIVE A FORTY-YEAR BENEFIT.
3. RENTAL PROJECTS. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN
THIS SECTION, RENTAL PROJECTS CONTAINING MORE THAN THE NUMBER OF RENTAL
UNITS SET FORTH BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT
TO SUBDIVISION TWENTY-TWO OF THIS SECTION THAT ARE LOCATED WITHIN THE
PRIME DEVELOPMENT AREA SHALL COMPLY WITH THE REQUIREMENTS SET FORTH IN
THIS SUBDIVISION. FOR PURPOSES OF THIS SUBDIVISION, "CONTRACTOR" SHALL
S. 8306--A 67 A. 8806--A
MEAN ANY ENTITY WHICH BY AGREEMENT WITH ANOTHER PARTY, INCLUDING SUB-
CONTRACTORS, UNDERTAKES TO PERFORM CONSTRUCTION WORK AT AN ELIGIBLE SITE
AND "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM BENEFITS AND
ANY SUCCESSOR THERETO.
(A) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN
ELIGIBLE SITE WITHIN THE MANHATTAN PRIME DEVELOPMENT AREA SHALL BE NO
LESS THAN THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO
PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION, AND SHALL INCREASE
PURSUANT TO A SCHEDULE SET FORTH BY SUCH MEMORANDUM.
(B) THE MINIMUM AVERAGE HOURLY WAGE PAID TO CONSTRUCTION WORKERS ON AN
ELIGIBLE SITE WITHIN THE BROOKLYN PRIME DEVELOPMENT AREA OR THE QUEENS
PRIME DEVELOPMENT AREA SHALL BE NO LESS THAN THE AMOUNT SET BY THE MEMO-
RANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO
OF THIS SECTION, AND SHALL INCREASE PURSUANT TO A SCHEDULE SET FORTH BY
SUCH MEMORANDUM.
(C) THE REQUIREMENTS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION
SHALL NOT BE APPLICABLE TO:
(I) AN ELIGIBLE MULTIPLE DWELLING IN WHICH AT LEAST FIFTY PERCENT OF
THE DWELLING UNITS UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL
FOLLOWING A VACANCY DURING THE LARGE RENTAL PROJECT RESTRICTION PERIOD,
ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES
WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT; OR
(II) ANY ELIGIBLE DWELLING THAT MEETS EXEMPTION CRITERIA SET FORTH IN
A MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN-
TY-TWO OF THIS SECTION.
(D) THE APPLICANT SHALL CONTRACT WITH AN INDEPENDENT MONITOR. SUCH
INDEPENDENT MONITOR SHALL SUBMIT TO THE FISCAL OFFICER WITHIN ONE YEAR
OF THE COMPLETION DATE, A PROJECT-WIDE CERTIFIED PAYROLL REPORT. IN THE
EVENT SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT IS NOT SUBMITTED TO THE
FISCAL OFFICER WITHIN THE REQUISITE TIME, THE APPLICANT SHALL BE SUBJECT
TO A FINE OF ONE THOUSAND DOLLARS PER WEEK, OR ANY PORTION THEREOF;
PROVIDED THAT THE MAXIMUM FINE SHALL BE SEVENTY-FIVE THOUSAND DOLLARS.
IN THE EVENT THAT THE WAGE PAID IS LESS THAN THE AVERAGE HOURLY WAGE SET
PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION AS APPLICABLE, THE
PROJECT-WIDE CERTIFIED PAYROLL REPORT SHALL ALSO SET FORTH THE AMOUNT OF
SUCH DEFICIENCY.
(E) THE CONTRACTOR CERTIFIED PAYROLL REPORT SHALL BE SUBMITTED BY EACH
CONTRACTOR AND SUB-CONTRACTOR NO LATER THAN NINETY DAYS AFTER THE
COMPLETION OF CONSTRUCTION WORK BY SUCH CONTRACTOR OR SUB-CONTRACTOR. IN
THE EVENT THAT A CONTRACTOR OR SUB-CONTRACTOR FAILS OR REFUSES TO SUBMIT
THE CONTRACTOR CERTIFIED PAYROLL REPORT WITHIN THE TIME PRESCRIBED IN
THIS PARAGRAPH, THE INDEPENDENT MONITOR SHALL NOTIFY THE FISCAL OFFICER
AND THE FISCAL OFFICER SHALL BE AUTHORIZED TO FINE SUCH CONTRACTOR OR
SUB-CONTRACTOR IN AN AMOUNT SET FORTH BY THE MEMORANDUM OF UNDERSTANDING
ENTERED INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION,
PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED AN AMOUNT SET FORTH IN
SUCH MEMORANDUM.
(F) IN THE EVENT THAT THE PROJECT-WIDE CERTIFIED PAYROLL REPORT SHOWS
THAT THE WAGE PAID AS REQUIRED BY PARAGRAPH (A) OR (B) OF THIS SUBDIVI-
SION, AS APPLICABLE, WAS NOT PAID, IF THE WAGE PAID IS WITHIN FIFTEEN
PERCENT OF THE AVERAGE HOURLY WAGE REQUIRED PURSUANT TO PARAGRAPH (A) OR
(B) OF THIS SUBDIVISION, AS APPLICABLE, THEN NO LATER THAN ONE HUNDRED
TWENTY DAYS FROM THE DATE OF SUBMISSION OF SUCH PROJECT-WIDE CERTIFIED
PAYROLL REPORT, THE APPLICANT SHALL PAY TO THE THIRD-PARTY FUND ADMINIS-
S. 8306--A 68 A. 8806--A
TRATOR AN AMOUNT EQUAL TO THE AMOUNT OF THE DEFICIENCY SET FORTH IN THE
PROJECT-WIDE CERTIFIED PAYROLL REPORT. THE THIRD-PARTY FUND ADMINISTRA-
TOR SHALL DISTRIBUTE SUCH PAYMENT TO THE CONSTRUCTION WORKERS WHO
PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE SITE. PRIOR TO MAKING SUCH
REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR SHALL SUBMIT TO THE FISCAL
OFFICER A PLAN SUBJECT TO THE FISCAL OFFICER'S APPROVAL SETTING FORTH
THE MANNER IN WHICH THE THIRD-PARTY FUND ADMINISTRATOR WILL REACH THE
REQUIRED AVERAGE HOURLY WAGE WITHIN ONE HUNDRED FIFTY DAYS OF RECEIVING
THE PAYMENT FROM THE APPLICANT AND HOW ANY REMAINING FUNDS WILL BE
DISBURSED IN THE EVENT THAT THE THIRD-PARTY FUND ADMINISTRATOR CANNOT
DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORKERS WITHIN ONE YEAR OF
RECEIVING FISCAL OFFICER APPROVAL. IN THE EVENT THAT THE APPLICANT FAILS
TO MAKE SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARA-
GRAPH, THE APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT
SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVI-
SION TWENTY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL
NOT EXCEED THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED
INTO PURSUANT TO SUBDIVISION TWENTY-TWO OF THIS SECTION. IF THE WAGE
PAID IS MORE THAN FIFTEEN PERCENT BELOW THE CONSTRUCTION WAGE REQUIRED
PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, AS APPLICABLE,
THEN NO LATER THAN ONE HUNDRED TWENTY DAYS FROM THE DATE OF SUBMISSION
OF SUCH PROJECT-WIDE CERTIFIED PAYROLL REPORT, THE APPLICANT SHALL PAY
TO THE THIRD-PARTY FUND ADMINISTRATOR AN AMOUNT EQUAL TO THE AMOUNT OF
THE DEFICIENCY SET FORTH IN THE PROJECT-WIDE PAYROLL REPORT. THE THIRD-
PARTY FUND ADMINISTRATOR SHALL DISTRIBUTE SUCH PAYMENT TO THE
CONSTRUCTION WORKERS WHO PERFORMED CONSTRUCTION WORK ON SUCH ELIGIBLE
SITE. PRIOR TO MAKING SUCH REPAYMENT, THE THIRD-PARTY FUND ADMINISTRATOR
SHALL SUBMIT TO THE FISCAL OFFICER A PLAN SUBJECT TO THE FISCAL OFFI-
CER'S APPROVAL SETTING FORTH THE MANNER IN WHICH THE THIRD-PARTY FUND
ADMINISTRATOR WILL REACH THE REQUIRED AVERAGE HOURLY WAGE WITHIN ONE
HUNDRED FIFTY DAYS OF RECEIVING THE PAYMENT FROM THE APPLICANT AND HOW
ANY REMAINING FUNDS WILL BE DISBURSED IN THE EVENT THAT THE THIRD-PARTY
FUND ADMINISTRATOR CANNOT DISTRIBUTE THE FUNDS TO THE CONSTRUCTION WORK-
ERS WITHIN ONE YEAR OF RECEIVING FISCAL OFFICER APPROVAL. IN ADDITION,
THE FISCAL OFFICER SHALL IMPOSE A PENALTY ON THE APPLICANT IN AN AMOUNT
EQUAL TO TWENTY-FIVE PERCENT OF THE AMOUNT OF THE DEFICIENCY, PROVIDED,
HOWEVER, THAT THE FISCAL OFFICER SHALL NOT IMPOSE SUCH PENALTY WHERE THE
ELIGIBLE MULTIPLE DWELLING HAS BEEN THE SUBJECT OF A JOB ACTION WHICH
RESULTS IN A WORK DELAY. IN THE EVENT THAT THE APPLICANT FAILS TO MAKE
SUCH PAYMENT WITHIN THE TIME PERIOD PRESCRIBED IN THIS PARAGRAPH, THE
APPLICANT SHALL BE SUBJECT TO A FINE NOT TO EXCEED THE AMOUNT SET BY THE
MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT TO SUBDIVISION TWEN-
TY-TWO OF THIS SECTION, PROVIDED THAT THE MAXIMUM FINE SHALL NOT EXCEED
THE AMOUNT SET BY THE MEMORANDUM OF UNDERSTANDING ENTERED INTO PURSUANT
SUBDIVISION TWENTY-TWO OF THIS SECTION. NOTWITHSTANDING ANY PROVISION
OF THIS SUBDIVISION, THE APPLICANT SHALL NOT BE LIABLE IN ANY RESPECT
WHATSOEVER FOR ANY PAYMENTS, FINES OR PENALTIES RELATED TO OR RESULTING
FROM CONTRACTOR FRAUD, MISTAKE, OR NEGLIGENCE OR FOR FRAUDULENT OR INAC-
CURATE CONTRACTOR CERTIFIED PAYROLL REPORTS OR FOR FRAUDULENT OR INACCU-
RATE PROJECT-WIDE CERTIFIED PAYROLL REPORTS, PROVIDED, HOWEVER, THAT
PAYMENT TO THE THIRD-PARTY FUND ADMINISTRATOR IN THE AMOUNT SET FORTH IN
THE PROJECT-WIDE CERTIFIED PAYROLL REPORT AS DESCRIBED IN THIS PARAGRAPH
SHALL STILL BE MADE BY THE CONTRACTOR OR SUB-CONTRACTOR IN THE EVENT OF
UNDERPAYMENT RESULTING FROM OR CAUSED BY THE CONTRACTOR OR SUB-CONTRAC-
TOR, AND THAT THE APPLICANT WILL BE LIABLE FOR UNDERPAYMENT TO THE
THIRD-PARTY FUND ADMINISTRATOR UNLESS THE FISCAL OFFICER DETERMINES, IN
S. 8306--A 69 A. 8806--A
ITS SOLE DISCRETION, THAT THE UNDERPAYMENT WAS THE RESULT OF, OR CAUSED
BY, CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR
INACCURATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE
CERTIFIED PAYROLL REPORTS. THE APPLICANT SHALL OTHERWISE NOT BE LIABLE
IN ANY WAY WHATSOEVER ONCE THE PAYMENT TO THE THIRD-PARTY FUND ADMINIS-
TRATOR HAS BEEN MADE IN THE AMOUNT SET FORTH IN THE PROJECT-WIDE CERTI-
FIED PAYROLL REPORT. OTHER THAN THE UNDERPAYMENT, WHICH MUST BE PAID TO
THE THIRD-PARTY FUND ADMINISTRATOR, ALL FINES AND PENALTIES SET FORTH IN
THIS SUBDIVISION IMPOSED BY THE FISCAL OFFICER SHALL BE PAID TO THE
AGENCY AND USED BY THE AGENCY TO PROVIDE AFFORDABLE HOUSING.
(G) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO CONFER A PRIVATE
RIGHT OF ACTION TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION, PROVIDED,
HOWEVER, THAT THIS SENTENCE SHALL NOT BE CONSTRUED AS A WAIVER OF ANY
EXISTING RIGHTS OF CONSTRUCTION WORKERS OR THEIR REPRESENTATIVES RELATED
TO WAGE AND BENEFIT COLLECTION, WAGE THEFT OR OTHER LABOR PROTECTIONS OR
RIGHTS AND PROVIDED, FURTHER, THAT NOTHING IN THIS SUBDIVISION RELIEVES
ANY OBLIGATIONS PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
(H) THE FISCAL OFFICER SHALL HAVE THE SOLE AUTHORITY TO DETERMINE AND
ENFORCE ANY LIABILITY FOR UNDERPAYMENT OWING TO THE THIRD-PARTY FUND
ADMINISTRATOR FROM THE APPLICANT AND/OR THE CONTRACTOR, AS A RESULT OF
CONTRACTOR FRAUD, MISTAKE OR NEGLIGENCE AND/OR FOR FRAUDULENT OR INACCU-
RATE CONTRACTOR CERTIFIED PAYROLL REPORTS AND/OR PROJECT-WIDE CERTIFIED
PAYROLL REPORTS, AS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION. THE
FISCAL OFFICER SHALL EXPEDITIOUSLY CONDUCT AN INVESTIGATION AND HEARING
AT THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS, SHALL
DETERMINE THE ISSUES RAISED THEREON AND SHALL MAKE AND FILE AN ORDER IN
HIS OR HER OFFICE STATING SUCH DETERMINATION AND FORTHWITH SERVE A COPY
OF SUCH ORDER, EITHER PERSONALLY OR BY MAIL, TOGETHER WITH NOTICE OF
FILING, UPON THE PARTIES TO SUCH PROCEEDINGS. THE FISCAL OFFICER IN SUCH
AN INVESTIGATION SHALL BE DEEMED TO BE ACTING IN A JUDICIAL CAPACITY AND
SHALL HAVE THE RIGHT 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. THE FILING OF
SUCH ORDER SHALL HAVE THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCK-
ETED IN THE OFFICE OF THE COUNTY CLERK. THE ORDER MAY BE ENFORCED BY AND
IN THE NAME OF THE FISCAL OFFICER IN THE SAME MANNER, AND WITH LIKE
EFFECT, AS THAT PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE
ENFORCEMENT OF A MONEY JUDGMENT.
4. IN ADDITION TO ALL OTHER REQUIREMENTS SET FORTH IN THIS SECTION, AN
ELIGIBLE SITE MUST, OVER THE COURSE OF THE DESIGN AND CONSTRUCTION OF
SUCH ELIGIBLE SITE, MAKE ALL REASONABLE EFFORTS TO SPEND ON CONTRACTS
WITH MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES AT LEAST TWENTY-FIVE
PERCENT OF THE TOTAL APPLICABLE COSTS, AS SUCH ENTERPRISES AND COSTS ARE
DEFINED IN RULES OF THE AGENCY. SUCH RULES SHALL SET FORTH REQUIRED
MEASURES WITH RESPECT TO CONTRACTS FOR DESIGN AND CONSTRUCTION THAT ARE
COMPARABLE, TO THE EXTENT PRACTICABLE, TO THE MEASURES USED BY AGENCIES
OF THE CITY OF NEW YORK TO ENHANCE MINORITY AND WOMEN OWNED BUSINESS
ENTERPRISE PARTICIPATION IN AGENCY CONTRACTS PURSUANT TO APPLICABLE LAW,
INCLUDING SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW
YORK.
5. TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS SECTION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING ANNY PROGRAM
BENEFITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH ANNY PROGRAM BENEFITS
ARE IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
(A) WITH RESPECT TO EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON
SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF
S. 8306--A 70 A. 8806--A
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
(B) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
6. 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 ANNY PROGRAM 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 ANNY PROGRAM BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY
NON-RESIDENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE
FULLY TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN
ANNY PROGRAM BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE
REMAINING RESIDENTIAL TAX LOTS.
7. CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
CERTIFYING THE APPLICANT'S ELIGIBILITY FOR ANNY PROGRAM BENEFITS, THE
ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
BE EXEMPTED.
8. AFFORDABILITY REQUIREMENTS. A RENTAL PROJECT SHALL MAINTAIN AN
AFFORDABILITY PERCENTAGE AT OR ABOVE THE MINIMUM AFFORDABILITY PERCENT-
AGE SET FORTH IN REGULATIONS PROMULGATED BY THE AGENCY. THE AFFORDABLE
DWELLING UNITS WITHIN A RENTAL PROJECT SHALL COMPLY WITH THE AREA MEDIAN
INCOME AFFORDABILITY LEVEL OR LEVELS SET FORTH PURSUANT TO REGULATIONS
PROMULGATED BY THE AGENCY. IN SETTING THE AFFORDABILITY PERCENTAGE AND
THE AREA MEDIAN INCOME LEVELS, THE AGENCY SHALL CONSIDER THE FOLLOWING
GOALS AND FACTORS: THE PRODUCTION OF FINANCIALLY VIABLE, HIGH QUALITY
AND SAFE HOUSING, PARTICULARLY IN WELL-RESOURCED AREAS WITH HIGH LAND
ACQUISITION COSTS, THAT MEET THE NEEDS OF LOW AND MODERATE INCOME HOUSE-
HOLDS AND INDIVIDUALS.
(A) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
SHARE THE SAME COMMON ENTRANCES AND COMMON AREAS AS MARKET RATE UNITS IN
SUCH ELIGIBLE MULTIPLE DWELLING AND SHALL NOT BE ISOLATED TO A SPECIFIC
FLOOR OR AREA OF AN ELIGIBLE MULTIPLE DWELLING. COMMON ENTRANCES SHALL
MEAN ANY AREA REGULARLY USED BY ANY RESIDENT OF A RENTAL DWELLING UNIT
IN THE ELIGIBLE MULTIPLE DWELLING FOR INGRESS AND EGRESS FROM SUCH
ELIGIBLE MULTIPLE DWELLING.
(B) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
HOUSING PROGRAM, EITHER (I) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE
MULTIPLE DWELLING SHALL HAVE A UNIT MIX PROPORTIONAL TO THE MARKET
UNITS, OR (II) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN
AN ELIGIBLE MULTIPLE DWELLING SHALL HAVE TWO OR MORE BEDROOMS AND NO
MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING UNITS SHALL HAVE
LESS THAN ONE BEDROOM.
(C) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE CONTRA-
RY, ALL AFFORDABLE HOUSING UNITS SHALL REMAIN FULLY SUBJECT TO RENT
STABILIZATION BOTH DURING AND SUBSEQUENT TO THE SMALL BUILDING
RESTRICTION PERIOD OR THE LARGE BUILDING RESTRICTION PERIOD, AS APPLICA-
BLE.
(D) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED SHALL
CONTAIN A DESIGNATION THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING
UNITS CREATED PURSUANT TO THIS SECTION AS "ANNY PROGRAM AFFORDABLE HOUS-
S. 8306--A 71 A. 8806--A
ING UNITS" AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT
APPLY TO ALL SUCH AFFORDABLE HOUSING UNITS.
(E) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION 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 THE AFFORDABLE HOMEOWNERSHIP PROJECT
REQUIREMENTS SHALL RESULT IN REVOCATION OF ANY ANNY PROGRAM BENEFITS FOR
THE PERIOD OF SUCH NON-COMPLIANCE.
(F) NOTHING IN THIS SECTION SHALL (I) 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 SECTION, OR (II) 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.
(G) 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
SECTION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS THEIR
PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE (I) RENTED TO
A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (II) HELD OFF THE MARKET
FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM REPAIRS
NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCUPANCY.
(H) 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.
(I) AN AFFORDABLE HOUSING RENTAL UNIT SHALL NOT BE CONVERTED TO COOP-
ERATIVE OR CONDOMINIUM OWNERSHIP.
(J) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
DEEMS NECESSARY OR APPROPRIATE FOR (I) THE MARKETING OF AFFORDABLE HOUS-
ING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (II) MONI-
TORING COMPLIANCE WITH THE PROVISIONS OF THIS SUBDIVISION, AND (III) 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.
(K) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY, A
MARKET UNIT SHALL NOT BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE
ABSENCE OF ANNY PROGRAM BENEFITS, THE UNIT WOULD BE SUBJECT TO RENT
STABILIZATION.
9. BUILDING SERVICE EMPLOYEES. (A) FOR THE PURPOSES OF THIS SUBDIVI-
SION, "APPLICANT" SHALL MEAN AN APPLICANT FOR ANNY PROGRAM 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.
(B) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE DURA-
TION OF THE APPLICABLE BENEFIT PERIOD, REGARDLESS OF WHETHER SUCH BENE-
FITS ARE REVOKED OR TERMINATED.
(C) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS
OF THIS SUBDIVISION. IN ENFORCING SUCH PROVISIONS, THE FISCAL OFFICER
SHALL HAVE THE POWER:
S. 8306--A 72 A. 8806--A
(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,
PROVIDED, HOWEVER, THAT THE PROVISION OF A DWELLING UNIT SHALL NOT BE
CONSIDERED WAGES OR A FRINGE BENEFIT;
(II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
ELSEWHERE;
(III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE
WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE
EMPLOYEES;
(IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE-
NAS, ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A
SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL
PRACTICE LAW AND RULES;
(V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO
DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
(VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
(VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR
OTHER AUTHORIZED REPRESENTATIVE;
(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; AND
(IX) TO PRESCRIBE APPROPRIATE SANCTIONS FOR FAILURE TO COMPLY WITH THE
PROVISIONS OF THIS SUBDIVISION. FOR EACH VIOLATION OF PARAGRAPH (B) OF
THIS SUBDIVISION, THE FISCAL OFFICER MAY REQUIRE THE PAYMENT OF: (A)
BACK WAGES AND FRINGE BENEFITS; (B) LIQUIDATED DAMAGES UP TO THREE TIMES
THE AMOUNT OF THE BACK WAGES AND FRINGE BENEFITS FOR WILLFUL VIOLATIONS;
AND/OR (C) REASONABLE ATTORNEY'S FEES. IF THE FISCAL OFFICER FINDS THAT
THE APPLICANT HAS FAILED TO COMPLY WITH THE PROVISIONS OF THIS SUBPARA-
GRAPH, HE OR SHE SHALL PRESENT EVIDENCE OF SUCH NON-COMPLIANCE TO THE
AGENCY.
(D) PARAGRAPH (B) OF THIS SUBDIVISION SHALL NOT BE APPLICABLE TO:
(I) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING
UNITS; OR
(II) 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 ARE AFFORDABLE TO AND RESTRICTED TO OCCUPANCY
BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED NINETY
PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
(E) THE APPLICANT SHALL SUBMIT A SWORN AFFIDAVIT WITH ITS APPLICATION,
AND ANNUALLY THEREAFTER, CERTIFYING THAT IT SHALL COMPLY WITH THE
REQUIREMENTS OF THIS SUBDIVISION.
(F) THE AGENCY SHALL ANNUALLY PUBLISH A LIST OF ALL ELIGIBLE SITES
SUBJECT TO THE REQUIREMENTS OF THIS PARAGRAPH AND THE AFFIDAVITS
REQUIRED PURSUANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
10. 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
S. 8306--A 73 A. 8806--A
ELIGIBLE MULTIPLE DWELLING OR DWELLINGS BUILT THEREON SHALL CONTAIN AT
LEAST ONE AFFORDABLE HOUSING UNIT FOR EACH DWELLING UNIT THAT EXISTED ON
SUCH DATE AND WAS THEREAFTER DEMOLISHED, REMOVED OR RECONFIGURED.
11. CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
RECEIVING ANNY PROGRAM BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR
ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
12. 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 ANNY
PROGRAM BENEFITS 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.
13. TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE ANNY
PROGRAM BENEFITS FOR NONCOMPLIANCE WITH THIS SECTION; PROVIDED, HOWEVER,
THAT THE AGENCY SHALL NOT TERMINATE OR REVOKE ANNY PROGRAM BENEFITS FOR
A FAILURE TO COMPLY WITH SUBDIVISION THREE OF THIS SECTION. IF AN APPLI-
CANT HAS COMMITTED THREE VIOLATIONS OF THE REQUIREMENTS OF PARAGRAPH B
OF SUBDIVISION NINE OF THIS SECTION WITHIN A FIVE-YEAR PERIOD, THE AGEN-
CY MAY REVOKE ANY BENEFITS UNDER THIS SECTION. FOR PURPOSES OF THIS
SUBDIVISION, A "VIOLATION" OF PARAGRAPH B OF SUBDIVISION NINE OF THIS
SECTION SHALL BE DEEMED A FINDING BY THE FISCAL OFFICER THAT THE APPLI-
CANT HAS FAILED TO COMPLY WITH PARAGRAPH B OF SUBDIVISION NINE OF THIS
SECTION AND HAS FAILED TO CURE THE DEFICIENCY WITHIN THREE MONTHS OF
SUCH FINDING. PROVIDED, HOWEVER, THAT AFTER A SECOND SUCH VIOLATION,
THE APPLICANT SHALL BE NOTIFIED THAT ANY FURTHER VIOLATION MAY RESULT IN
THE REVOCATION OF BENEFITS UNDER THIS SECTION AND THAT THE FISCAL OFFI-
CER SHALL PUBLISH ON ITS WEBSITE A LIST OF ALL APPLICANTS WITH TWO
VIOLATIONS AS DEFINED IN THIS PARAGRAPH. IF ANNY PROGRAM BENEFITS ARE
TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SECTION: (A) ALL OF
THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT STABILIZATION
AND ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE APPLICABLE
RESTRICTION PERIOD, AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS
SECTION, AS IF THE ANNY PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR
REVOKED; OR (B) FOR A HOMEOWNERSHIP PROJECT, SUCH PROJECT SHALL CONTINUE
TO COMPLY WITH AFFORDABILITY REQUIREMENTS SET FORTH IN THIS SECTION AND
ALL OTHER REQUIREMENTS OF THIS SECTION FOR THE RESTRICTION PERIOD AND
ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SECTION, AS IF THE ANNY
PROGRAM BENEFITS HAD NOT BEEN TERMINATED OR REVOKED.
14. POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SECTION
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.
15. 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 ANNY PROGRAM BENEFITS
BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION AND BENEFITS FOR
EACH MULTIPLE DWELLING SHALL BE BASED UPON THE COMPLETION DATE OF SUCH
MULTIPLE DWELLING.
16. APPLICATIONS. (A) 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.
(B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
S. 8306--A 74 A. 8806--A
(C) 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 SECTION.
(D) THE AGENCY SHALL NOT REQUIRE THAT THE APPLICANT DEMONSTRATE
COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION THREE OF THIS SECTION AS
A CONDITION TO APPROVAL OF THE APPLICATION.
17. 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.
18. RULES. EXCEPT AS PROVIDED IN SUBDIVISIONS THREE AND NINE OF THIS
SECTION, THE AGENCY SHALL HAVE THE SOLE AUTHORITY TO ENFORCE THE
PROVISIONS OF THIS SECTION AND MAY PROMULGATE RULES TO CARRY OUT THE
PROVISIONS OF THIS SECTION.
19. ELECTION. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRA-
RY, A SMALL RENTAL PROJECT, LARGE RENTAL PROJECT OR HOMEOWNERSHIP
PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE JUNE FIFTEENTH, TWO THOU-
SAND TWENTY-TWO THAT HAS NOT RECEIVED BENEFITS PURSUANT TO SECTION FOUR
HUNDRED TWENTY-ONE-A OF THIS TITLE PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-FOUR THAT ADDED THIS SECTION
MAY ELECT TO COMPLY WITH THIS SECTION AND RECEIVE ANNY PROGRAM BENEFITS
PURSUANT TO THIS SECTION.
20. REPORTING. ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, THE COMMIS-
SIONER OF THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND
DEVELOPMENT SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
DENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY SETTING FORTH THE
NUMBER OF TOTAL PROJECTS AND UNITS CREATED BY THIS SECTION BY YEAR,
LEVEL OF AFFORDABILITY, AND COMMUNITY BOARD, THE COST OF THE ANNY
PROGRAM, AND OTHER SUCH FACTORS AS THE COMMISSIONER OF THE NEW YORK CITY
DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT DEEMS APPROPRIATE.
THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT MAY
REQUEST AND SHALL RECEIVE COOPERATION AND ASSISTANCE FROM ALL DEPART-
MENTS, DIVISIONS, BOARDS, BUREAUS, COMMISSIONS, PUBLIC BENEFIT CORPO-
RATIONS OR AGENCIES OF THE STATE OF NEW YORK, THE CITY OF NEW YORK OR
ANY OTHER POLITICAL SUBDIVISIONS THEREOF, OR ANY ENTITY RECEIVING BENE-
FITS PURSUANT TO THIS SECTION.
21. PENALTIES FOR VIOLATIONS OF LARGE RENTAL PROJECT AFFORDABILITY
REQUIREMENTS. (A) ON AND AFTER THE EXPIRATION DATE OF THE THIRTY-FIVE
YEAR BENEFIT FOR A LARGE RENTAL PROJECT, THE AGENCY MAY IMPOSE, AFTER
NOTICE AND AN OPPORTUNITY TO BE HEARD, A FINE FOR ANY VIOLATION OF THE
AFFORDABILITY REQUIREMENTS ESTABLISHED PURSUANT TO SUBDIVISION EIGHT OF
THIS SECTION BY SUCH LARGE RENTAL PROJECT. THE AGENCY SHALL ESTABLISH A
SCHEDULE AND METHOD OF CALCULATION OF SUCH FINES PURSUANT TO SUBDIVISION
SEVENTEEN OF THIS SECTION.
(B) A FINE UNDER THIS SUBDIVISION MAY BE IMPOSED AGAINST THE OWNER OF
THE ELIGIBLE SITE CONTAINING SUCH LARGE RENTAL PROJECT AT THE TIME THE
VIOLATION OCCURRED, EVEN IF SUCH OWNER NO LONGER OWNS SUCH ELIGIBLE
S. 8306--A 75 A. 8806--A
SITE. A FAILURE TO PAY SUCH FINE MAY RESULT IN A LIEN AND SUCH OTHER
REMEDIES AS MAY BE AVAILABLE PURSUANT TO APPLICABLE LAW AND REGULATION.
22. THE PROVISIONS OF SUBDIVISIONS ONE THROUGH TWENTY-ONE OF THIS
SECTION SHALL TAKE EFFECT ONLY UPON THE CONDITIONS THAT ON OR BEFORE
JANUARY FIRST, TWO THOUSAND TWENTY-FIVE: (A) A MEMORANDUM OF UNDERSTAND-
ING IS EXECUTED BY ONE, OR MORE, REPRESENTATIVES 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, REPRESEN-
TATIVES OF THE LARGEST TRADE LABOR ASSOCIATION REPRESENTING BUILDING AND
CONSTRUCTION WORKERS, WITH MEMBERSHIP IN NEW YORK CITY, AND (B) NOTICE
OF SUCH FULL EXECUTION IS DELIVERED TO THE LEGISLATIVE BILL DRAFTING
COMMISSION. SUCH MEMORANDUM OF UNDERSTANDING SHALL INCLUDE PROVISIONS
REGARDING WAGES OR WAGE SUPPLEMENTS FOR CONSTRUCTION WORKERS ON BUILD-
INGS OVER FIFTEEN UNITS WHERE SUCH BUILDINGS ENJOY THE BENEFITS OF THIS
SECTION; PROVIDED, HOWEVER, THAT SUCH MEMORANDUM SHALL ALSO ADDRESS
ISSUES INCLUDING THOSE RELATED TO THE (I) NUMBER OF UNITS, (II) APPLICA-
TION OF A WAGE SCHEDULE TO DIFFERENT SIZE PROJECTS, (III) WAGE SCHEDULES
FOR VARIOUS GEOGRAPHIC LOCATIONS IN NEW YORK CITY, AND (IV) A SCHEDULE
OF FINES FOR NON-COMPLIANCE WITH THE WAGE REQUIREMENTS SET FORTH IN THIS
SECTION. THE TERMS AND CONDITIONS OF THE MEMORANDUM OF UNDERSTANDING
SHALL APPLY TO ALL PROJECTS WITH MORE THAN FIFTEEN UNITS THAT RECEIVE
BENEFITS UNDER THIS SECTION AFTER THE MEMORANDUM OF UNDERSTANDING IS
EXECUTED. NOTWITHSTANDING THE FOREGOING, THE ADDITION, AMENDMENT AND/OR
REPEAL OF ANY RULE OR REGULATION NECESSARY FOR THE IMPLEMENTATION OF
THIS ACT ON ITS EFFECTIVE DATE ARE AUTHORIZED TO BE MADE AND COMPLETED
ON OR BEFORE SUCH EFFECTIVE DATE.
§ 2. Paragraphs f and g of subdivision 3 of section 224-a of the labor
law, as added by section 1 of part FFF of chapter 58 of the laws of
2020, are amended and a new paragraph h is added to read as follows:
f. funds provided pursuant to subdivision three of section twenty-
eight hundred fifty-three of the education law; [and]
g. any other public monies, credits, savings or loans, determined by
the public subsidy board created in section two hundred twenty-four-c of
this article as exempt from this definition[.]; AND
H. BENEFITS UNDER SECTION FOUR HUNDRED EIGHTY-FIVE-X OF THE REAL PROP-
ERTY TAX LAW.
§ 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, or section 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, or section thereof
directly involved in the controversy in which such judgment 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.
§ 4. This act shall take effect immediately; provided, however, that
the department of housing preservation and development shall notify the
legislative bill drafting commission upon the occurrence of the
execution of the memorandum of understanding provided for in subdivision
twenty-two of section 485-x of the real property tax law as added by
section one of this act 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.
S. 8306--A 76 A. 8806--A
§ 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.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through U of this act shall be
as specifically set forth in the last section of such Parts.