senate Bill S1082A

2015-2016 Legislative Session

Prohibits the slaughter of horses for human consumption

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to agriculture
Jun 01, 2015 print number 1082a
amend and recommit to agriculture
Jan 08, 2015 referred to agriculture

Bill Amendments

S1082
S1082A
S1082
S1082A

Co-Sponsors

S1082 - Bill Details

See Assembly Version of this Bill:
A4404A
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4615, A3905
2011-2012: A2762, A3504
2009-2010: A2522, A3736

S1082 - Bill Texts

view summary

Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.

view sponsor memo
BILL NUMBER:S1082

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
prohibiting the slaughtering of horses for human consumption

PURPOSE OR GENERAL IDEA OF BILL:

To amend the Agriculture and Markets Law by adding a new section 380,
to prohibit the slaughtering of horses for human consumption.

SUMMARY OF SPECIFIC PROVISIONS:

The Agriculture and Markets Law shall be amended by adding a new
section 380. This section will make it unlawful to slaughter a horse
for human consumption. It shall be unlawful to purchase, trade, offer,
import or export a horse or horse flesh, in any way with the intent of
it being slaughtered for human consumption. The term horse, includes
all members of the equine family, including horses, ponies, donkeys,
mules, asses, and burros. The term horse flesh means any part of the
horse's body. A violation of this law will be a misdemeanor punishable
by imprisonment for not more than one year or by a fine of not more
than one thousand dollars or by both.

JUSTIFICATION:

104,899 horses were slaughtered in the United States during 2006, the
last full year of horse slaughtering in the US, according to the
Government Accountability Office. In 2007, after Congressional
approval of an appropriations bill that included a rider prohibiting
the USDA from financing the inspection of horse meat, all US horse
slaughter facilities closed. From 2006 through 2010, US horse for
slaughter exports to Canada increased by 148%. In 2010, 137,984 horses
were exported to Canada for slaughter. The vast majority of these
horses are being slaughtered for human consumption abroad, mainly in
Europe and Japan. In 2011, that 2007 rider was removed by Congress in
an omnibus spending act. The door has potentially been re-opened for
horse slaughter within the United States as a horse meat plant in New
Mexico nears approval in 2013.

Pet horses, work horses, racehorses and even wild horses go to
slaughter. Most arrive at the slaughterhouse via livestock auctions
where, often unknown to the seller, they are bought by middlemen
working for the slaughter plants. These so-called "killer buyers"
travel from one auction to the next collecting young, old, sick and
healthy animals until their trucks are full. Some are shipped for more
than 24 hours at a time without food, water or rest, and suffer
horribly along the way.

Callous treatment of horses at the slaughterhouse often results in
their prolonged suffering. Panicked horses are prodded and beaten off
the truck and into the kill-chute. The improper use of stunning
equipment, designed to render the animal unconscious with a swift shot
to the head, means that horses sometimes endure repeated blows and
remain conscious during their own slaughter.


This bill would prohibit any person from slaughtering a horse where
such person knows or has reason to know that such horse will be used
for human consumption. Furthermore, it prohibits any person from
selling, bartering, giving away, purchasing, possessing, transporting,
delivering or receiving horseflesh where such person knows or should
know that such horseflesh is intended for human consumption. This bill
also provides penalties for violations in an effort to ensure that
such cruelty and blatant disregard of one of America's most majestic
and noble creatures will no longer be tolerated in New York State.

PRIOR LEGISLATIVE HISTORY:

S4615/A3905 of 2013-2104, referred to Agriculture;
S3178/A3736 of 2009-2010, referred to Consumer Protection;
S1462/A2572 of 2007-2008, passed Senate;
S1788/A3584 of 2005-2006, passed Senate.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1082

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to prohib-
  iting the slaughtering of horses for human consumption

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

  Section  1. The agriculture and markets law is amended by adding a new
section 380 to read as follows:
  S 380. PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN CONSUMPTION.    1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY
PERSON  TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE WHERE SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE USED FOR
HUMAN CONSUMPTION.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
FOR  ANY  PERSON  TO SELL, OFFER TO SELL OR BARTER, GIVE AWAY, PURCHASE,
POSSESS, TRANSPORT, DELIVER, OR RECEIVE ANY HORSE  WITH  THE  INTENT  OF
SLAUGHTERING  OR  HAVING  ANOTHER  PERSON  SLAUGHTER  SUCH HORSE IF SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS  INTENDED  FOR
HUMAN CONSUMPTION.
  3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO SELL, BARTER, OFFER TO  SELL  OR  BARTER,  GIVE  AWAY,
PURCHASE,  POSSESS,  TRANSPORT,  DELIVER,  OR RECEIVE HORSEFLESH IF SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH WILL BE USED  FOR
HUMAN CONSUMPTION.
  4.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM  THIS  STATE,  LIVE  HORSES
WHERE  SUCH  PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR
SLAUGHTER FOR HUMAN CONSUMPTION.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
FOR  ANY  PERSON  TO  IMPORT  INTO OR EXPORT FROM THIS STATE, HORSEFLESH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02476-01-5

S. 1082                             2

WHERE SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS  INTENDED
FOR HUMAN CONSUMPTION.
  6.  IT  SHALL  BE  UNLAWFUL  TO  OFFER  HORSEFLESH  FOR SALE FOR HUMAN
CONSUMPTION.
  7. AS USED IN THIS SECTION, THE TERM "HORSE" INCLUDES ALL  MEMBERS  OF
THE  EQUINE  FAMILY, INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND
BURROS; AND THE TERM "HORSEFLESH" MEANS  THE  FLESH  OF  A  DEAD  HORSE,
INCLUDING THE ANIMAL'S VISCERA, SKIN, HAIR, HIDE, HOOVES, AND BONES; THE
TERM  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP, TRUST,
ASSOCIATION OR OTHER LEGAL ENTITY.
  8. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE  BY  IMPRI-
SONMENT  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS, OR  BY  BOTH.  IN  LIEU  OF  CRIMINAL  PROSECUTION,  A
VIOLATION  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO
ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND  DOLLARS
FOR  A  CORPORATION  FOR  THE  FIRST VIOLATION. ANY SUBSEQUENT VIOLATION
SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE  THOUSAND
DOLLARS.
  9. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW SHALL
BE PAYABLE TO THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Co-Sponsors

S1082A - Bill Details

See Assembly Version of this Bill:
A4404A
Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4615, A3905
2011-2012: A2762, A3504
2009-2010: A2522, A3736

S1082A - Bill Texts

view summary

Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.

view sponsor memo
BILL NUMBER:S1082A

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
prohibiting the slaughtering of horses for human consumption

PURPOSE:

To amend the Agriculture and Markets Law by adding a new section 380,
to prohibit the slaughtering of horses for human consumption.

SUMMARY OF PROVISIONS:

The Agriculture and Markets Law shall be amended by adding a new
section 380. This section will make it unlawful to slaughter a horse
for human consumption. It shall be unlawful to purchase, trade, offer,
import or export a horse or horse flesh, in any way with the intent of
it being slaughtered for human consumption. It shall also be unlawful
to buy or sell at retail, trade, barter or offer horse flesh if there
is prior knowledge that the meat is intended for human consumption.
The term horse, includes all members of the equine family, including
horses, ponies, donkeys, mules, asses, and burros. The term horse
flesh means any part of the horse's body. A violation of this law will
be a misdemeanor punishable by imprisonment for not more than one year
or by a fine of not more than one thousand dollars or by both.

JUSTIFICATION:

104,899 horses were slaughtered in the United States during 2006, the
last full year of horse slaughtering in the US, according to the
Government Accountability Office. In 2007, after Congressional
approval of an appropriations bill that included a rider prohibiting
the USDA from financing the inspection of horse meat, all US horse
slaughter facilities closed. From 2006 through 2010, US horse for
slaughter exports to Canada increased by 148%. In 2010, 137,984 horses
were exported to Canada for slaughter. The vast majority of these
horses are being slaughtered for human consumption abroad, mainly in
Europe and Japan. In 2011, that 2007 rider was removed by Congress in
an omnibus spending act. The door has potentially been re-opened for
horse slaughter within the United States as a horse meat plant in New
Mexico nears approval in 2013.

Pet horses, work horses, racehorses and even wild horses go to
slaughter. Most arrive at the slaughterhouse via livestock auctions
where,often unknown to the seller, they are bought by middlemen
working for the slaughter plants. These so-called "killer buyers"
travel from one auction to the next collecting young, old, sick and
healthy animals until their trucks are full. Some are shipped for more
than 24 hours at a time without food, water or rest, and suffer
horribly along the way.

Callous treatment of horses at the slaughterhouse often results in
their prolonged suffering. Panicked horses are prodded and beaten off
the truck and into the kill-chute. The improper use of stunning
equipment, designed to render the animal unconscious with a swift shot


to the head, means that horses sometimes endure repeated blows and
remain conscious during their own slaughter.

This bill would prohibit any person from slaughtering a horse where
such person knows or has reason to know that such horse will be used
for human consumption. Furthermore, it prohibits any person from
selling, bartering, giving away, purchasing, possessing, transporting,
delivering or receiving horseflesh where such person knows or should
know that such horseflesh is intended for human consumption. This bill
also provides penalties for violations in an effort to ensure that
such cruelty and blatant disregard of one of America's most majestic
and noble creatures will no longer be tolerated in New York State.

LEGISLATIVE HISTORY:

2013-2014: Referred to Agriculture
2011-2012: Referred to Agriculture
2009-10: Referred to Agriculture; Held for consideration
2007-08: Referred to Agriculture
2005-06: Referred to Codes; Passed Senate
2004: Referred to Agriculture

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1082--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Agriculture --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the agriculture and markets law, in relation to prohib-
  iting the slaughtering of horses for human consumption

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

  Section  1. The agriculture and markets law is amended by adding a new
section 380 to read as follows:
  S 380. PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN CONSUMPTION.    1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY
PERSON  TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE WHERE SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE USED FOR
HUMAN CONSUMPTION.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
FOR  ANY  PERSON  TO SELL, OFFER TO SELL OR BARTER, GIVE AWAY, PURCHASE,
POSSESS, TRANSPORT, DELIVER, OR RECEIVE ANY HORSE  WITH  THE  INTENT  OF
SLAUGHTERING  OR  HAVING  ANOTHER  PERSON  SLAUGHTER  SUCH HORSE IF SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS  INTENDED  FOR
HUMAN CONSUMPTION.
  3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO SELL AT RETAIL, BARTER, OFFER TO  SELL  AT  RETAIL  OR
BARTER, GIVE AWAY, OR PURCHASE AT RETAIL, IF SUCH PERSON KNOWS OR SHOULD
KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR HUMAN CONSUMPTION.
  4.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO POSSESS HORSEFLESH WITH THE
INTENT TO SELL SUCH HORSEFLESH  AT  RETAIL  FOR  THE  PURPOSE  OF  HUMAN
CONSUMPTION.
  5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM  THIS  STATE,  LIVE  HORSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02476-03-5

S. 1082--A                          2

WHERE  SUCH  PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR
SLAUGHTER FOR HUMAN CONSUMPTION.
  6.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR  EXPORT  FROM  THIS  STATE,  HORSEFLESH
WHERE  SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED
FOR HUMAN CONSUMPTION.
  7. AS USED IN THIS SECTION, THE TERM "HORSE" INCLUDES ALL  MEMBERS  OF
THE  EQUINE  FAMILY, INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND
BURROS; AND THE TERM "HORSEFLESH" MEANS  THE  FLESH  OF  A  DEAD  HORSE,
INCLUDING THE ANIMAL'S VISCERA, SKIN, HAIR, HIDE, HOOVES, AND BONES; THE
TERM  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP, TRUST,
ASSOCIATION OR OTHER LEGAL ENTITY.
  8. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE  BY  IMPRI-
SONMENT  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS, OR  BY  BOTH.  IN  LIEU  OF  CRIMINAL  PROSECUTION,  A
VIOLATION  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO
ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND  DOLLARS
FOR  A  CORPORATION  FOR  THE  FIRST VIOLATION. ANY SUBSEQUENT VIOLATION
SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE  THOUSAND
DOLLARS.
  9. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW SHALL
BE PAYABLE TO THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
  10. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, AND NOT IN LIEU
OF,  ANY  OTHER  LAWS PROTECTING ANIMAL WELFARE. THIS SECTION MAY NOT BE
CONSTRUED TO LIMIT ANY STATE LAW OR  RULES  PROTECTING  THE  WELFARE  OF
ANIMALS OR TO PREVENT A LOCAL GOVERNING BODY FROM ADOPTING AND ENFORCING
ITS OWN ANIMAL WELFARE LAWS AND REGULATIONS.
  11.  IF  ANY  PROVISION OF THIS SECTION, OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID OR  UNCONSTITUTIONAL,  THAT
INVALIDITY  OR  UNCONSTITUTIONALITY SHALL NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVAL-
ID OR UNCONSTITUTIONAL PROVISION OR APPLICATION, AND  TO  THIS  END  THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

senate Bill S1082

2015-2016 Legislative Session

Prohibits the slaughter of horses for human consumption

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to agriculture
Jun 01, 2015 print number 1082a
amend and recommit to agriculture
Jan 08, 2015 referred to agriculture

Bill Amendments

S1082
S1082A
S1082
S1082A

Co-Sponsors

S1082 - Bill Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4615
2011-2012: A2762, A3504
2009-2010: A2522, A3736

S1082 - Bill Texts

view summary

Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.

view sponsor memo
BILL NUMBER:S1082

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
prohibiting the slaughtering of horses for human consumption

PURPOSE OR GENERAL IDEA OF BILL:

To amend the Agriculture and Markets Law by adding a new section 380,
to prohibit the slaughtering of horses for human consumption.

SUMMARY OF SPECIFIC PROVISIONS:

The Agriculture and Markets Law shall be amended by adding a new
section 380. This section will make it unlawful to slaughter a horse
for human consumption. It shall be unlawful to purchase, trade, offer,
import or export a horse or horse flesh, in any way with the intent of
it being slaughtered for human consumption. The term horse, includes
all members of the equine family, including horses, ponies, donkeys,
mules, asses, and burros. The term horse flesh means any part of the
horse's body. A violation of this law will be a misdemeanor punishable
by imprisonment for not more than one year or by a fine of not more
than one thousand dollars or by both.

JUSTIFICATION:

104,899 horses were slaughtered in the United States during 2006, the
last full year of horse slaughtering in the US, according to the
Government Accountability Office. In 2007, after Congressional
approval of an appropriations bill that included a rider prohibiting
the USDA from financing the inspection of horse meat, all US horse
slaughter facilities closed. From 2006 through 2010, US horse for
slaughter exports to Canada increased by 148%. In 2010, 137,984 horses
were exported to Canada for slaughter. The vast majority of these
horses are being slaughtered for human consumption abroad, mainly in
Europe and Japan. In 2011, that 2007 rider was removed by Congress in
an omnibus spending act. The door has potentially been re-opened for
horse slaughter within the United States as a horse meat plant in New
Mexico nears approval in 2013.

Pet horses, work horses, racehorses and even wild horses go to
slaughter. Most arrive at the slaughterhouse via livestock auctions
where, often unknown to the seller, they are bought by middlemen
working for the slaughter plants. These so-called "killer buyers"
travel from one auction to the next collecting young, old, sick and
healthy animals until their trucks are full. Some are shipped for more
than 24 hours at a time without food, water or rest, and suffer
horribly along the way.

Callous treatment of horses at the slaughterhouse often results in
their prolonged suffering. Panicked horses are prodded and beaten off
the truck and into the kill-chute. The improper use of stunning
equipment, designed to render the animal unconscious with a swift shot
to the head, means that horses sometimes endure repeated blows and
remain conscious during their own slaughter.


This bill would prohibit any person from slaughtering a horse where
such person knows or has reason to know that such horse will be used
for human consumption. Furthermore, it prohibits any person from
selling, bartering, giving away, purchasing, possessing, transporting,
delivering or receiving horseflesh where such person knows or should
know that such horseflesh is intended for human consumption. This bill
also provides penalties for violations in an effort to ensure that
such cruelty and blatant disregard of one of America's most majestic
and noble creatures will no longer be tolerated in New York State.

PRIOR LEGISLATIVE HISTORY:

S4615/A3905 of 2013-2104, referred to Agriculture;
S3178/A3736 of 2009-2010, referred to Consumer Protection;
S1462/A2572 of 2007-2008, passed Senate;
S1788/A3584 of 2005-2006, passed Senate.

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1082

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Agriculture

AN  ACT to amend the agriculture and markets law, in relation to prohib-
  iting the slaughtering of horses for human consumption

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

  Section  1. The agriculture and markets law is amended by adding a new
section 380 to read as follows:
  S 380. PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN CONSUMPTION.    1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY
PERSON  TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE WHERE SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE USED FOR
HUMAN CONSUMPTION.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
FOR  ANY  PERSON  TO SELL, OFFER TO SELL OR BARTER, GIVE AWAY, PURCHASE,
POSSESS, TRANSPORT, DELIVER, OR RECEIVE ANY HORSE  WITH  THE  INTENT  OF
SLAUGHTERING  OR  HAVING  ANOTHER  PERSON  SLAUGHTER  SUCH HORSE IF SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS  INTENDED  FOR
HUMAN CONSUMPTION.
  3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO SELL, BARTER, OFFER TO  SELL  OR  BARTER,  GIVE  AWAY,
PURCHASE,  POSSESS,  TRANSPORT,  DELIVER,  OR RECEIVE HORSEFLESH IF SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH WILL BE USED  FOR
HUMAN CONSUMPTION.
  4.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM  THIS  STATE,  LIVE  HORSES
WHERE  SUCH  PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR
SLAUGHTER FOR HUMAN CONSUMPTION.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
FOR  ANY  PERSON  TO  IMPORT  INTO OR EXPORT FROM THIS STATE, HORSEFLESH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02476-01-5

S. 1082                             2

WHERE SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS  INTENDED
FOR HUMAN CONSUMPTION.
  6.  IT  SHALL  BE  UNLAWFUL  TO  OFFER  HORSEFLESH  FOR SALE FOR HUMAN
CONSUMPTION.
  7. AS USED IN THIS SECTION, THE TERM "HORSE" INCLUDES ALL  MEMBERS  OF
THE  EQUINE  FAMILY, INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND
BURROS; AND THE TERM "HORSEFLESH" MEANS  THE  FLESH  OF  A  DEAD  HORSE,
INCLUDING THE ANIMAL'S VISCERA, SKIN, HAIR, HIDE, HOOVES, AND BONES; THE
TERM  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP, TRUST,
ASSOCIATION OR OTHER LEGAL ENTITY.
  8. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE  BY  IMPRI-
SONMENT  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS, OR  BY  BOTH.  IN  LIEU  OF  CRIMINAL  PROSECUTION,  A
VIOLATION  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO
ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND  DOLLARS
FOR  A  CORPORATION  FOR  THE  FIRST VIOLATION. ANY SUBSEQUENT VIOLATION
SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE  THOUSAND
DOLLARS.
  9. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW SHALL
BE PAYABLE TO THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

Co-Sponsors

S1082A - Bill Details

Current Committee:
Senate Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L
Versions Introduced in Previous Legislative Sessions:
2013-2014: S4615
2011-2012: A2762, A3504
2009-2010: A2522, A3736

S1082A - Bill Texts

view summary

Prohibits any person from slaughtering a horse where such person knows or has reason to know that such horse will be used for human consumption; and prohibits any person from selling, bartering, giving away, purchasing, possessing, transporting, delivering or receiving horseflesh where such person knows or should know that such horseflesh is intended for human consumption; and provides penalties for violation.

view sponsor memo
BILL NUMBER:S1082A

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to
prohibiting the slaughtering of horses for human consumption

PURPOSE:

To amend the Agriculture and Markets Law by adding a new section 380,
to prohibit the slaughtering of horses for human consumption.

SUMMARY OF PROVISIONS:

The Agriculture and Markets Law shall be amended by adding a new
section 380. This section will make it unlawful to slaughter a horse
for human consumption. It shall be unlawful to purchase, trade, offer,
import or export a horse or horse flesh, in any way with the intent of
it being slaughtered for human consumption. It shall also be unlawful
to buy or sell at retail, trade, barter or offer horse flesh if there
is prior knowledge that the meat is intended for human consumption.
The term horse, includes all members of the equine family, including
horses, ponies, donkeys, mules, asses, and burros. The term horse
flesh means any part of the horse's body. A violation of this law will
be a misdemeanor punishable by imprisonment for not more than one year
or by a fine of not more than one thousand dollars or by both.

JUSTIFICATION:

104,899 horses were slaughtered in the United States during 2006, the
last full year of horse slaughtering in the US, according to the
Government Accountability Office. In 2007, after Congressional
approval of an appropriations bill that included a rider prohibiting
the USDA from financing the inspection of horse meat, all US horse
slaughter facilities closed. From 2006 through 2010, US horse for
slaughter exports to Canada increased by 148%. In 2010, 137,984 horses
were exported to Canada for slaughter. The vast majority of these
horses are being slaughtered for human consumption abroad, mainly in
Europe and Japan. In 2011, that 2007 rider was removed by Congress in
an omnibus spending act. The door has potentially been re-opened for
horse slaughter within the United States as a horse meat plant in New
Mexico nears approval in 2013.

Pet horses, work horses, racehorses and even wild horses go to
slaughter. Most arrive at the slaughterhouse via livestock auctions
where,often unknown to the seller, they are bought by middlemen
working for the slaughter plants. These so-called "killer buyers"
travel from one auction to the next collecting young, old, sick and
healthy animals until their trucks are full. Some are shipped for more
than 24 hours at a time without food, water or rest, and suffer
horribly along the way.

Callous treatment of horses at the slaughterhouse often results in
their prolonged suffering. Panicked horses are prodded and beaten off
the truck and into the kill-chute. The improper use of stunning
equipment, designed to render the animal unconscious with a swift shot


to the head, means that horses sometimes endure repeated blows and
remain conscious during their own slaughter.

This bill would prohibit any person from slaughtering a horse where
such person knows or has reason to know that such horse will be used
for human consumption. Furthermore, it prohibits any person from
selling, bartering, giving away, purchasing, possessing, transporting,
delivering or receiving horseflesh where such person knows or should
know that such horseflesh is intended for human consumption. This bill
also provides penalties for violations in an effort to ensure that
such cruelty and blatant disregard of one of America's most majestic
and noble creatures will no longer be tolerated in New York State.

LEGISLATIVE HISTORY:

2013-2014: Referred to Agriculture
2011-2012: Referred to Agriculture
2009-10: Referred to Agriculture; Held for consideration
2007-08: Referred to Agriculture
2005-06: Referred to Codes; Passed Senate
2004: Referred to Agriculture

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect on the one hundred twentieth day after it
shall have become a law.

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

                                 1082--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 8, 2015
                               ___________

Introduced by Sens. MARCHIONE, AVELLA -- read twice and ordered printed,
  and  when  printed  to be committed to the Committee on Agriculture --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the agriculture and markets law, in relation to prohib-
  iting the slaughtering of horses for human consumption

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

  Section  1. The agriculture and markets law is amended by adding a new
section 380 to read as follows:
  S 380. PROHIBITION OF SLAUGHTERING HORSES FOR HUMAN CONSUMPTION.    1.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL FOR ANY
PERSON  TO SLAUGHTER OR HAVE ANOTHER PERSON SLAUGHTER A HORSE WHERE SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY PART OF SUCH HORSE WILL BE USED FOR
HUMAN CONSUMPTION.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IT  SHALL  BE  UNLAWFUL
FOR  ANY  PERSON  TO SELL, OFFER TO SELL OR BARTER, GIVE AWAY, PURCHASE,
POSSESS, TRANSPORT, DELIVER, OR RECEIVE ANY HORSE  WITH  THE  INTENT  OF
SLAUGHTERING  OR  HAVING  ANOTHER  PERSON  SLAUGHTER  SUCH HORSE IF SUCH
PERSON KNOWS OR SHOULD KNOW THAT ANY OF THE HORSEFLESH IS  INTENDED  FOR
HUMAN CONSUMPTION.
  3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO SELL AT RETAIL, BARTER, OFFER TO  SELL  AT  RETAIL  OR
BARTER, GIVE AWAY, OR PURCHASE AT RETAIL, IF SUCH PERSON KNOWS OR SHOULD
KNOW THAT ANY OF THE HORSEFLESH WILL BE USED FOR HUMAN CONSUMPTION.
  4.  IT SHALL BE UNLAWFUL FOR ANY PERSON TO POSSESS HORSEFLESH WITH THE
INTENT TO SELL SUCH HORSEFLESH  AT  RETAIL  FOR  THE  PURPOSE  OF  HUMAN
CONSUMPTION.
  5.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR EXPORT FROM  THIS  STATE,  LIVE  HORSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02476-03-5

S. 1082--A                          2

WHERE  SUCH  PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSE IS INTENDED FOR
SLAUGHTER FOR HUMAN CONSUMPTION.
  6.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
FOR ANY PERSON TO IMPORT INTO OR  EXPORT  FROM  THIS  STATE,  HORSEFLESH
WHERE  SUCH PERSON KNOWS OR SHOULD KNOW THAT SUCH HORSEFLESH IS INTENDED
FOR HUMAN CONSUMPTION.
  7. AS USED IN THIS SECTION, THE TERM "HORSE" INCLUDES ALL  MEMBERS  OF
THE  EQUINE  FAMILY, INCLUDING HORSES, PONIES, DONKEYS, MULES, ASSES AND
BURROS; AND THE TERM "HORSEFLESH" MEANS  THE  FLESH  OF  A  DEAD  HORSE,
INCLUDING THE ANIMAL'S VISCERA, SKIN, HAIR, HIDE, HOOVES, AND BONES; THE
TERM  "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION, PARTNERSHIP, TRUST,
ASSOCIATION OR OTHER LEGAL ENTITY.
  8. A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE  BY  IMPRI-
SONMENT  FOR  NOT  MORE THAN ONE YEAR, OR BY A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS, OR  BY  BOTH.  IN  LIEU  OF  CRIMINAL  PROSECUTION,  A
VIOLATION  OF  THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO
ONE THOUSAND DOLLARS FOR AN INDIVIDUAL AND UP TO FIVE  THOUSAND  DOLLARS
FOR  A  CORPORATION  FOR  THE  FIRST VIOLATION. ANY SUBSEQUENT VIOLATION
SHALL BE PUNISHABLE BY A CIVIL PENALTY OF  UP  TO  TWENTY-FIVE  THOUSAND
DOLLARS.
  9. ANY CIVIL PENALTIES COLLECTED PURSUANT TO THIS SECTION OF LAW SHALL
BE PAYABLE TO THE ANIMAL POPULATION CONTROL FUND ESTABLISHED PURSUANT TO
SECTION NINETY-SEVEN-XX OF THE STATE FINANCE LAW.
  10. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, AND NOT IN LIEU
OF,  ANY  OTHER  LAWS PROTECTING ANIMAL WELFARE. THIS SECTION MAY NOT BE
CONSTRUED TO LIMIT ANY STATE LAW OR  RULES  PROTECTING  THE  WELFARE  OF
ANIMALS OR TO PREVENT A LOCAL GOVERNING BODY FROM ADOPTING AND ENFORCING
ITS OWN ANIMAL WELFARE LAWS AND REGULATIONS.
  11.  IF  ANY  PROVISION OF THIS SECTION, OR THE APPLICATION THEREOF TO
ANY PERSON OR CIRCUMSTANCES, IS HELD INVALID OR  UNCONSTITUTIONAL,  THAT
INVALIDITY  OR  UNCONSTITUTIONALITY SHALL NOT AFFECT OTHER PROVISIONS OR
APPLICATIONS OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVAL-
ID OR UNCONSTITUTIONAL PROVISION OR APPLICATION, AND  TO  THIS  END  THE
PROVISIONS OF THIS SECTION ARE SEVERABLE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

K580

Memorializing Governor Andrew M. Cuomo to proclaim June 2015, as Tourette Syndrome Awareness Month in the State of New York

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Sponsor

text

K580


LEGISLATIVE RESOLUTION memorializing Governor Andrew M. Cuomo to
proclaim June 2015, as Tourette Syndrome Awareness Month in the State of
New York

WHEREAS, Lack of public awareness has increased the social stigma
attached to Tourette Syndrome; and
WHEREAS, Early diagnosis and treatment of Tourette Syndrome can
prevent physical and psychological harm; and
WHEREAS, There is no known cure for Tourette Syndrome and treatment
involves multiple medications and therapies with costs that can be
prohibitive; and
WHEREAS, The Tourette Syndrome Association is the only national not-
for-profit membership organization dedicated to identifying the cause,
finding the cure, and controlling the effects of Tourette Syndrome; and
WHEREAS, The Tourette Syndrome Association has designated June as
National Tourette Syndrome Awareness Month, the goal being to educate
the public about the nature and effects of Tourette Syndrome; and
WHEREAS, This Legislative Body recognizes the impact that Tourette
Syndrome can have on people living with the disorder; and
WHEREAS, This Legislative Body recognizes the importance of an early
diagnosis and proper treatment of Tourette Syndrome; and
WHEREAS, This Legislative Body recognizes the need for enhanced public
awareness of Tourette Syndrome; and
WHEREAS, This Legislative Body supports the goals and ideals of Tour-
ette Syndrome Awareness Month, as designated by the Tourette Syndrome
Association; now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
memorialize Governor Andrew M. Cuomo to proclaim June 2015, as Tourette
Syndrome Awareness Month in the State of New York; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to The Honorable Andrew M. Cuomo, Governor of the State of New
York.

actions

  • 29 / May / 2015
    • REFERRED TO CALENDAR
  • 01 / Jun / 2015
    • ADOPTED

Resolution Details

Law Section:
Resolutions, Legislative

assembly Bill A7945

2015-2016 Legislative Session

Imposes a tax on conveyances in the city of New York on conveyances of residential property for $1,750,000 or more, with the revenue therefrom to be used by the city housing authority for bond payments

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to housing
Jun 01, 2015 referred to housing

A7945 - Bill Details

Current Committee:
Law Section:
Private Housing Finance Law
Laws Affected:
Amd §655, Priv Hous Fin L; amd §§11-2102 & 11-2104, NYC Ad Cd; amd §421-a, RPT L

A7945 - Bill Texts

view summary

Imposes a tax on conveyances in the city of New York on conveyances of residential property for $1,750,000 or more, with the revenue therefrom to be used by the city housing authority for bond payments; amends certain provisions relating to the property tax exemption for certain new multiple dwellings.

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

                                  7945

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 1, 2015
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on Housing

AN  ACT  to  amend  the  private housing finance law, in relation to the
  issuance of notes and bonds by the New York city  housing  development
  corporation; to amend the administrative code of the city of New York,
  in  relation to imposing a tax on conveyances or transfers of residen-
  tial real property  for  one  million  seven  hundred  fifty  thousand
  dollars or more (Part A); and to amend section 421-a of the real prop-
  erty  tax  law,  in  relation  to tax exemption for multiple dwellings
  (Part B)

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

  Section  1.  This  act enacts into law major components of legislation
relating to an affordable housing program in cities having a  population
of one million or more. Each component is wholly contained within a Part
identified  as  Parts  A  and  B. 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. The legislature hereby finds that New York city is  experi-
encing  an extreme shortage of affordable housing. The city's diversity,
competitiveness, and economic strength are imperiled by  the  fact  that
more  and more people struggle to afford to live here. The mayor's Hous-
ing New York: A Five-Borough, Ten-Year Plan has laid out a blueprint for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11337-01-5

A. 7945                             2

preserving and constructing 200,000 units of affordable housing; foster-
ing thriving and inclusive neighborhoods; and creating stable and caring
environments for homeless individuals,  seniors,  and  others  who  have
special needs.
  The  legislature further finds that achieving the goals of the mayor's
Ten-Year Plan will require significant commitments of city  capital.  In
fiscal  year 2015, the city doubled its capital budget for the preserva-
tion or construction of affordable housing relative to the level it  had
committed in fiscal year 2014. The budget for the Ten-Year Plan projects
a  gap of $1.9 billion over 10 years. Accordingly, the legislature finds
that this legislation should be enacted to generate revenue that can  be
used  to meet this shortfall and subsidize the creation and preservation
of quality, affordable housing throughout the city of  New  York.    The
revenue source included in this legislation is derived from the transfer
of  high-value properties and is expected to generate approximately $1.9
billion over the next 10 years. The  affordable  housing  that  will  be
created  or preserved with these funds may serve a wide variety of fami-
lies and individuals, including  seniors,  veterans,  formerly  homeless
persons and people living with disabilities.
  S  2.  Subdivision 1 of section 655 of the private housing finance law
is amended by adding a new paragraph (d) to read as follows:
  (D) THE CITY, ACTING THROUGH THE MAYOR, MAY ASSIGN ALL OR ANY  PORTION
OF  THE  TAXES  PAYABLE TO THE CITY PURSUANT TO SUBDIVISION G OF SECTION
11-2102 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK TO THE CORPO-
RATION AND, AFTER SUCH ASSIGNMENT, SUCH TAXES AND THE RIGHT  TO  RECEIVE
SUCH  TAXES  SHALL BE THE PROPERTY OF THE CORPORATION AND MAY BE PLEDGED
BY THE CORPORATION TO THE PAYMENT OF NOTES AND BONDS OF THE CORPORATION.
FOLLOWING ANY SUCH ASSIGNMENT, SUCH TAXES SHALL CONTINUE TO BE  PAID  TO
THE  COMMISSIONER  OF FINANCE OF THE CITY, AS AGENT FOR THE CORPORATION,
AND PROMPTLY  TRANSFERRED  TO  THE  CORPORATION.    NOTWITHSTANDING  ANY
PROVISION OF THIS ARTICLE OR OF ANY OTHER LAW TO THE CONTRARY, INCLUDING
BUT  NOT  LIMITED  TO  THE RESTRICTIONS SET FORTH IN SECTION SIX HUNDRED
FIFTY-SIX OF THIS ARTICLE, THE CORPORATION IS HEREBY AUTHORIZED TO ISSUE
NEGOTIABLE NOTES AND BONDS IN ADDITION TO THOSE AUTHORIZED BY PARAGRAPHS
(A) AND (B) OF THIS SUBDIVISION IN SUCH PRINCIPAL AMOUNT AS  THE  CORPO-
RATION  SHALL  DETERMINE  TO BE NECESSARY FOR THE PURPOSE OF FUNDING THE
DEVELOPMENT AND PRESERVATION OF AFFORDABLE HOUSING FOR PERSONS OR  FAMI-
LIES  OF  LOW AND MODERATE INCOME WHICH BONDS AND NOTES SHALL BE SECURED
BY THE TAXES DESCRIBED IN THIS PARAGRAPH.
  S 3. Section 11-2102 of the administrative code of  the  city  of  New
York  is  amended by adding three new subdivisions g, h and i to read as
follows:
  G. IN ADDITION TO THE TAXES IMPOSED BY SUBDIVISIONS A AND  B  OF  THIS
SECTION,  THERE IS HEREBY IMPOSED A TAX ON EACH DEED OR OTHER INSTRUMENT
OR TRANSACTION CONVEYING OR TRANSFERRING RESIDENTIAL REAL PROPERTY OR AN
ECONOMIC INTEREST THEREIN, AT THE TIME OF DELIVERY BY  A  GRANTOR  TO  A
GRANTEE,  WHEN  THE  CONSIDERATION FOR SUCH PROPERTY AND ANY IMPROVEMENT
THEREON (WHETHER OR NOT INCLUDED IN THE SAME DEED) IS GREATER  THAN  ONE
MILLION  SEVEN  HUNDRED  FIFTY  THOUSAND  DOLLARS, OR AT THE TIME OF THE
TRANSFER OF SUCH ECONOMIC INTEREST BY A GRANTOR TO A GRANTEE, WHERE  THE
CONSIDERATION  FOR  SUCH  ECONOMIC  INTEREST IS GREATER THAN ONE MILLION
SEVEN HUNDRED FIFTY THOUSAND DOLLARS. EXCEPT AS  OTHERWISE  PROVIDED  IN
THIS SECTION, ALL THE PROVISIONS OF THIS CHAPTER RELATING TO OR APPLICA-
BLE  TO  THE  ADMINISTRATION,  COLLECTION  AND  DETERMINATION OF THE TAX
IMPOSED BY SUBDIVISIONS A AND B OF THIS SECTION SHALL APPLY TO  THE  TAX
IMPOSED  BY THIS SUBDIVISION WITH SUCH MODIFICATIONS AS MAY BE NECESSARY

A. 7945                             3

TO ADAPT SUCH LANGUAGE TO THE TAX  SO  IMPOSED.  FOR  PURPOSES  OF  THIS
SECTION, "RESIDENTIAL REAL PROPERTY" SHALL INCLUDE ANY PREMISES THAT ARE
OR  MAY  BE  USED IN WHOLE OR IN PART AS A PERSONAL RESIDENCE, AND SHALL
INCLUDE  A  ONE,  TWO  OR  THREE-FAMILY HOUSE, AN INDIVIDUAL RESIDENTIAL
CONDOMINIUM UNIT, OR AN INDIVIDUAL  RESIDENTIAL  COOPERATIVE  APARTMENT.
SUCH TAX SHALL BE DETERMINED AS FOLLOWS:
  (1)  IF  THE  CONSIDERATION  IS GREATER THAN ONE MILLION SEVEN HUNDRED
FIFTY THOUSAND DOLLARS BUT NOT OVER FIVE MILLION DOLLARS, THE TAX  SHALL
BE  AT  THE  RATE  OF  ONE  PERCENT OF THE CONSIDERATION OR THE ECONOMIC
INTEREST THEREIN; AND
  (2) IF THE CONSIDERATION IS GREATER THAN FIVE MILLION DOLLARS, THE TAX
SHALL BE FIFTY THOUSAND DOLLARS PLUS ONE AND  ONE-HALF  PERCENT  OF  THE
CONSIDERATION  OR  THE  ECONOMIC  INTEREST  THEREIN  OVER  FIVE  MILLION
DOLLARS.
  H. FOR PURPOSES OF  THIS  SECTION,  THE  DETERMINATION  OF  WHETHER  A
CONVEYANCE OR TRANSFER SHALL BE SUBJECT TO THE TAXES IMPOSED BY SUBDIVI-
SIONS  A,  B AND G OF THIS SECTION, AND OF THE RATE OF SUCH TAXES, SHALL
BE MADE PRIOR TO THE APPLICATION OF SUBDIVISION F OF  THIS  SECTION  AND
PARAGRAPH  EIGHT  OF  SUBDIVISION  B OF SECTION 11-2106 OF THIS CHAPTER,
PROVIDED, HOWEVER, THAT THE AMOUNT  OF  CONSIDERATION  SUBJECT  TO  SUCH
TAXES SHALL BE DETERMINED AFTER THE APPLICATION OF SUBDIVISION F OF THIS
SECTION  AND PARAGRAPH EIGHT OF SUBDIVISION B OF SECTION 11-2106 OF THIS
CHAPTER.
  I. ANY TAX COLLECTED PURSUANT TO SUBDIVISION G OF THIS  SECTION  SHALL
BE  USED  FOR THE DEVELOPMENT AND PRESERVATION OF AFFORDABLE HOUSING, OR
TO SECURE NOTES AND BONDS ISSUED FOR THE DEVELOPMENT AND PRESERVATION OF
AFFORDABLE HOUSING, IN SUCH CITY.   FOR PURPOSES  OF  THIS  SUBDIVISION,
"AFFORDABLE HOUSING" SHALL MEAN HOUSING THAT IS AFFORDABLE TO PERSONS OR
FAMILIES OF LOW AND MODERATE INCOME.
  S  4.  The  opening paragraph of section 11-2104 of the administrative
code of the city of New York, as added by local law  number  71  of  the
city of New York for the year 1986, is amended to read as follows:
  The  tax  imposed  [hereunder]  PURSUANT  TO  SUBDIVISIONS  A AND B OF
SECTION 11-2102 OF THIS CHAPTER shall be paid  by  the  grantor  to  the
commissioner  of  finance  at  the  office of the register in the county
where the deed is or would be recorded  within  thirty  days  after  the
delivery  of  the  deed  by  the  grantor  to the grantee but before the
recording of such deed, or, in the case of a tax on the transfer  of  an
economic interest in real property, at such place as the commissioner of
finance  shall  designate,  within  thirty  days after the transfer. The
grantee shall also be liable for the payment of such tax  in  the  event
that  the amount of tax due is not paid by the grantor or the grantor is
exempt from tax.  THE TAX IMPOSED PURSUANT TO SUBDIVISION G  OF  SECTION
11-2102 OF THIS CHAPTER SHALL BE PAID BY THE GRANTEE TO THE COMMISSIONER
OF FINANCE AT THE OFFICE OF THE REGISTER IN THE COUNTY WHERE THE DEED IS
OR  WOULD  BE RECORDED WITHIN THIRTY DAYS AFTER THE DELIVERY OF THE DEED
BY THE GRANTOR TO THE GRANTEE BUT BEFORE THE RECORDING OF SUCH DEED, OR,
IN THE CASE OF A TAX ON THE TRANSFER OF AN  ECONOMIC  INTEREST  IN  REAL
PROPERTY,  AT SUCH PLACE AS THE COMMISSIONER OF FINANCE SHALL DESIGNATE,
WITHIN THIRTY DAYS AFTER THE TRANSFER.  THE GRANTOR SHALL ALSO BE LIABLE
FOR THE PAYMENT OF THE TAX IMPOSED PURSUANT TO SUBDIVISION G OF  SECTION
11-2102  OF  THIS CHAPTER IN THE EVENT THAT THE AMOUNT OF TAX DUE IS NOT
PAID BY THE GRANTEE OR THE GRANTEE IS EXEMPT FROM PAYMENT  OF  THE  TAX.
All  moneys received as such payments by the register during the preced-
ing month shall be transmitted to the commissioner  of  finance  on  the

A. 7945                             4

first day of each month or on such other day as is mutually agreeable to
the commissioner of finance and the register.
  A.  From the moneys so received by him or her PURSUANT TO SUBDIVISIONS
A AND B OF SECTION 11-2102 OF THIS CHAPTER, the commissioner of  finance
shall set said in a special account:
  S  5.  Section  11-2104  of the administrative code of the city of New
York is amended by adding a new subdivision b to read as follows:
  B. THE MONEYS RECEIVED BY THE  COMMISSIONER  OF  FINANCE  PURSUANT  TO
SUBDIVISION  G  OF  SECTION 11-2102 OF THIS CHAPTER SHALL BE CREDITED TO
AND DEPOSITED IN AN ACCOUNT ESTABLISHED BY THE CITY WITHIN  ITS  GENERAL
FUND  FOR  THE  DEVELOPMENT  AND  PRESERVATION  OF AFFORDABLE HOUSING IN
ACCORDANCE WITH SUBDIVISION I OF SUCH SECTION. SUCH MONEYS SHALL BE USED
TO SUPPLEMENT, RATHER THAN SUPPLANT, LOCAL FUNDS THAT  SUCH  CITY  WOULD
HAVE EXPENDED FOR THE DEVELOPMENT OF AFFORDABLE HOUSING.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART B

  Section 1. Section 421-a of the real property tax law  is  amended  by
adding two new subdivisions 16 and 17 to read as follows:
  16. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION:
  (I)  "421-A BENEFITS" SHALL MEAN EXEMPTION FROM REAL PROPERTY TAXATION
PURSUANT TO THIS SUBDIVISION.
  (II) "AFFORDABILITY OPTION A" SHALL MEAN  THAT,  WITHIN  ANY  ELIGIBLE
SITE: (A) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE
HOUSING FORTY PERCENT UNITS; (B) NOT LESS THAN AN ADDITIONAL TEN PERCENT
OF  THE  DWELLING  UNITS ARE AFFORDABLE HOUSING SIXTY PERCENT UNITS; (C)
NOT LESS THAN AN ADDITIONAL FIVE  PERCENT  OF  THE  DWELLING  UNITS  ARE
AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS; AND (D) SUCH ELIGI-
BLE  SITE  IS  DEVELOPED  WITHOUT  THE SUBSTANTIAL ASSISTANCE OF GRANTS,
LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE  OR  LOCAL  GOVERNMENTAL
AGENCY  OR  INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING, EXCEPT THAT  SUCH  ELIGIBLE  SITE  MAY  RECEIVE  TAX
EXEMPT BOND PROCEEDS AND FOUR PERCENT TAX CREDITS.
  (III)  "AFFORDABILITY  OPTION  B" SHALL MEAN THAT, WITHIN ANY ELIGIBLE
SITE, (A) NOT LESS THAN TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE
HOUSING SEVENTY PERCENT UNITS, AND (B) NOT LESS THAN AN ADDITIONAL TWEN-
TY PERCENT OF THE DWELLING UNITS  ARE  AFFORDABLE  HOUSING  ONE  HUNDRED
THIRTY PERCENT UNITS.
  (IV)  "AFFORDABILITY  OPTION  C"  SHALL MEAN THAT, WITHIN ANY ELIGIBLE
SITE, (A) NOT LESS THAN THIRTY PERCENT OF THE DWELLING UNITS ARE AFFORD-
ABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS,  AND  (B)  SUCH  ELIGIBLE
SITE IS DEVELOPED WITHOUT THE SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR
SUBSIDIES  PROVIDED  BY A FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR
INSTRUMENTALITY PURSUANT TO A PROGRAM FOR THE DEVELOPMENT OF  AFFORDABLE
HOUSING.
  (V) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR OF
WHICH  IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE AND
THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS  IN  SUCH
ELIGIBLE SITE.
  (VI)  "AFFORDABLE  HOUSING  FORTY  PERCENT UNIT" SHALL MEAN A DWELLING
UNIT THAT: (A) IS SITUATED WITHIN THE  ELIGIBLE  SITE  FOR  WHICH  421-A
BENEFITS  ARE  GRANTED; AND (B) UPON INITIAL RENTAL AND UPON EACH SUBSE-
QUENT RENTAL FOLLOWING A  VACANCY  DURING  THE  RESTRICTION  PERIOD,  IS
AFFORDABLE  TO  AND  RESTRICTED  TO OCCUPANCY BY INDIVIDUALS OR FAMILIES

A. 7945                             5

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

A. 7945                             6

THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE  MULTIPLE  DWELL-
ING.
  (XVII)  "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR
IMPROVEMENT OF A PRE-EXISTING  BUILDING  OR  STRUCTURE  RESULTING  IN  A
MULTIPLE  DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR
AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE.
  (XVIII) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN  A  MULTIPLE  DWELLING
CONTAINING  SIX  OR MORE DWELLING UNITS CREATED THROUGH NEW CONSTRUCTION
OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCEMENT DATE IS AFTER DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ON OR BEFORE JUNE FIFTEENTH,  TWO
THOUSAND  NINETEEN,  AND  FOR  WHICH THE COMPLETION DATE IS ON OR BEFORE
JUNE FIFTEENTH, TWO THOUSAND TWENTY-THREE.
  (XIX) "ELIGIBLE SITE" SHALL MEAN EITHER: (A) A TAX LOT  CONTAINING  AN
ELIGIBLE  MULTIPLE  DWELLING; OR (B) A ZONING LOT CONTAINING TWO OR MORE
ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION.
  (XX) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER  OR  OTHER  ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (XXI)  "FLOOR AREA" SHALL MEAN "FLOOR AREA" AS DEFINED IN THE NEW YORK
CITY ZONING RESOLUTION.
  (XXII) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW INCOME  HOUS-
ING  TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH
(B) OF PARAGRAPH (1) OF SUBSECTION  (B)  OF  SECTION  FORTY-TWO  OF  THE
INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED.
  (XXIII)  "HOMEOWNERSHIP  PROJECT"  SHALL  MEAN  A MULTIPLE DWELLING OR
PORTION THEREOF OPERATED AS CONDOMINIUM OR COOPERATIVE HOUSING.
  (XXIV) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE  MULTI-
PLE DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT.
  (XXV)  "MULTIPLE  DWELLING"  SHALL  HAVE  THE MEANING SET FORTH IN THE
MULTIPLE DWELLING LAW.
  (XXVI) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT  THAT  DOES  NOT
CONTAIN ANY DWELLING UNITS.
  (XXVII)  "RENT  STABILIZATION"  SHALL  MEAN,  COLLECTIVELY,  THE  RENT
STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION
CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN  SEVENTY-FOUR,
ALL  AS IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION OR AS AMENDED THEREAFT-
ER, TOGETHER WITH  ANY  SUCCESSOR  STATUTES  OR  REGULATIONS  ADDRESSING
SUBSTANTIALLY THE SAME SUBJECT MATTER.
  (XXVIII)  "RENTAL  PROJECT"  SHALL  MEAN AN ELIGIBLE SITE IN WHICH ALL
DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL  HOUS-
ING.
  (XXIX) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELL-
ING UNITS.
  (XXX)  "RESTRICTION  PERIOD"  SHALL  MEAN  A  PERIOD COMMENCING ON THE
COMPLETION DATE AND EXPIRING ON  THE  THIRTY-FIFTH  ANNIVERSARY  OF  THE
COMPLETION  DATE,  NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION
OF 421-A BENEFITS.
  (XXXI)"TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN  EXEMPT
FACILITY  BOND, AS DEFINED IN PARAGRAPH (7) OF SUBSECTION (A) OF SECTION
ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE OF  NINETEEN  HUNDRED
EIGHTY-SIX,  AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM TAXATION
UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF NINETEEN
HUNDRED EIGHTY-SIX, AS AMENDED.
  (XXXII)  "THIRTY-FIVE  YEAR  BENEFIT"  SHALL   MEAN:   (A)   FOR   THE
CONSTRUCTION  PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY
TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL  IMPROVEMENTS;  (B)  FOR  THE

A. 7945                             7

FIRST TWENTY-FIVE YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT
EXEMPTION  FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL
IMPROVEMENTS; AND (C) FOR THE FINAL TEN YEARS OF THE RESTRICTION PERIOD,
AN  EXEMPTION  FROM  REAL  PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR
LOCAL IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE.
  (B) BENEFIT. IN CITIES HAVING A POPULATION OF  ONE  MILLION  OR  MORE,
NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION
OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE  CONTRARY,  NEW  ELIGIBLE
SITES,  EXCEPT  HOTELS, THAT COMPLY WITH THE PROVISIONS OF THIS SUBDIVI-
SION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS
FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED  IN
THIS  PARAGRAPH.  A RENTAL PROJECT THAT MEETS ALL OF THE REQUIREMENTS OF
THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENEFIT. A  HOMEOWNER-
SHIP  PROJECT  SHALL  NOT  BE ELIGIBLE FOR, AND SHALL NOT RECEIVE, 421-A
BENEFITS.
  (C) TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS SUBDIVISION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING  421-A  BENE-
FITS  SHALL  PAY,  IN  EACH TAX YEAR IN WHICH SUCH 421-A BENEFITS ARE IN
EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS:
  (I) WITH RESPECT TO EACH ELIGIBLE  MULTIPLE  DWELLING  CONSTRUCTED  ON
SUCH  ELIGIBLE  SITE,  REAL  PROPERTY TAXES ON THE ASSESSED VALUATION OF
SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT  DURING  THE  TAX  YEAR
PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH-
OUT  REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION
IN EFFECT DURING SUCH TAX YEAR,  WHICH  REAL  PROPERTY  TAXES  SHALL  BE
CALCULATED  USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE;
AND
  (II) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
  (D) LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE
FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE  IN
AN  ELIGIBLE  SITE,  OTHER  THAN  PARKING WHICH IS LOCATED NOT MORE THAN
TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE  PERCENT  OF  THE
AGGREGATE  FLOOR AREA IN SUCH ELIGIBLE SITE, ANY 421-A BENEFITS SHALL BE
REDUCED BY A PERCENTAGE EQUAL  TO  SUCH  EXCESS.  IF  AN  ELIGIBLE  SITE
CONTAINS  MULTIPLE  TAX  LOTS,  THE TAX ARISING OUT OF SUCH REDUCTION IN
421-A BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG  ANY  NON-RESI-
DENTIAL  TAX  LOTS.    AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY
TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN 421-A
BENEFITS, IF ANY, SHALL BE APPORTIONED  PRO  RATA  AMONG  THE  REMAINING
RESIDENTIAL TAX LOTS.
  (E)  CALCULATION  OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
CERTIFYING THE APPLICANT'S ELIGIBILITY FOR 421-A BENEFITS, THE ASSESSORS
SHALL CERTIFY TO THE COLLECTING  OFFICER  THE  AMOUNT  OF  TAXES  TO  BE
EXEMPTED.
  (F)  AFFORDABILITY  REQUIREMENTS.  DURING  THE  RESTRICTION  PERIOD, A
RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY OPTION A, AFFORDA-
BILITY OPTION B, OR AFFORDABILITY OPTION C. SUCH ELECTION SHALL BE  MADE
IN  THE  APPLICATION  AND  SHALL  NOT  THEREAFTER BE CHANGED. THE RENTAL
PROJECT SHALL ALSO COMPLY WITH ALL PROVISIONS OF THIS  PARAGRAPH  DURING
THE  RESTRICTION  PERIOD  AND  WITH SUBPARAGRAPH (III) OF THIS PARAGRAPH
BOTH DURING AND AFTER THE RESTRICTION PERIOD TO THE EXTENT  PROVIDED  IN
SUCH SUBPARAGRAPH.
  (I)  ALL  RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING SHALL
BE ACCESSED THROUGH THE SAME STREET ENTRANCES AND LOBBIES, AND  NO  SUCH
ENTRANCE  OR  LOBBY SHALL SERVE SOME RENTAL DWELLING UNITS TO THE EXCLU-
SION OF OTHERS.

A. 7945                             8

  (II) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL
HOUSING PROGRAM, EITHER (A) THE AFFORDABLE HOUSING UNITS IN AN  ELIGIBLE
SITE  SHALL  HAVE A UNIT MIX PROPORTIONAL TO THE MARKET UNITS, OR (B) AT
LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE  SITE
SHALL  HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF
THE AFFORDABLE HOUSING UNITS SHALL HAVE LESS THAN ONE BEDROOM.
  (III) NOTWITHSTANDING ANY  PROVISION  OF  RENT  STABILIZATION  TO  THE
CONTRARY,  THE  RENTS  OF  ALL  AFFORDABLE  HOUSING UNITS SHALL BE FULLY
SUBJECT TO RENT STABILIZATION DURING THE  RESTRICTION  PERIOD,  PROVIDED
THAT TENANTS HOLDING A LEASE AND IN OCCUPANCY OF SUCH AFFORDABLE HOUSING
UNITS  AT  THE EXPIRATION OF THE RESTRICTION PERIOD SHALL HAVE THE RIGHT
TO REMAIN AS RENT STABILIZED TENANTS FOR THE DURATION OF THEIR  OCCUPAN-
CY.
  (IV)  ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED PURSU-
ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH SHALL CONTAIN A  DESIGNATION
THAT  SPECIFICALLY  IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT
TO THIS SUBDIVISION  AS  "421-A  AFFORDABLE  HOUSING  UNITS"  AND  SHALL
CONTAIN  AN  EXPLANATION  OF  THE  REQUIREMENTS  THAT  APPLY TO ALL SUCH
AFFORDABLE HOUSING UNITS.
  (V) FAILURE TO COMPLY WITH  THE  PROVISIONS  OF  THIS  PARAGRAPH  THAT
REQUIRE  THE  CREATION,  MAINTENANCE,  RENT STABILIZATION COMPLIANCE AND
OCCUPANCY OF AFFORDABLE HOUSING UNITS SHALL RESULT IN REVOCATION OF  ANY
421-A BENEFITS FOR THE PERIOD OF SUCH NON-COMPLIANCE.
  (VI)  NOTHING  IN THIS SUBDIVISION SHALL (A) PROHIBIT THE OCCUPANCY OF
AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES  WHOSE  INCOME  AT
ANY  TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR  SUCH  AFFORDABLE  HOUSING  UNIT
PURSUANT  TO  THIS SUBDIVISION, OR (B) PROHIBIT THE OWNER OF AN ELIGIBLE
SITE FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING  A
VACANCY,  THE  OCCUPANCY  OF  ANY  AFFORDABLE HOUSING UNIT BY SUCH LOWER
INCOME INDIVIDUALS OR FAMILIES.
  (VII) FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF  OCCUPANCY  AND
UPON  EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY
BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME  DOES  NOT
EXCEED  THE  MAXIMUM  PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
SUBDIVISION AND WHO INTEND TO OCCUPY SUCH  AFFORDABLE  HOUSING  UNIT  AS
THEIR  PRIMARY  RESIDENCE.  AN  AFFORDABLE HOUSING UNIT SHALL NOT BE (A)
RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR  (B)  HELD  OFF
THE  MARKET  FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM
REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR  OCCU-
PANCY.
  (VIII)  AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY,
TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL  THEREOF  FOR  AN
AFFORDABLE  HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
OPTION OF THE TENANT.
  (IX) AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO  COOPERATIVE
OR CONDOMINIUM OWNERSHIP.
  (X)  THE  AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY
DEEMS NECESSARY OR APPROPRIATE FOR (A) THE MARKETING OF AFFORDABLE HOUS-
ING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON  ANY  VACANCY,  AND  (B)
MONITORING  COMPLIANCE  WITH  THE  PROVISIONS  OF  THIS  PARAGRAPH. SUCH
REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, RETAINING A  MONI-
TOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER.
  (XI)  NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRA-
RY, A MARKET UNIT SHALL BE SUBJECT TO RENT STABILIZATION UNLESS, IN  THE

A. 7945                             9

ABSENCE  OF  421-A  BENEFITS, THE OWNER WOULD BE ENTITLED TO REMOVE SUCH
MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH-
LY RENT EXCEEDING ANY LIMIT ESTABLISHED THEREUNDER.
  (G)  BUILDING  SERVICE EMPLOYEES.   (I) FOR THE PURPOSES OF THIS PARA-
GRAPH, "APPLICANT" SHALL MEAN  AN  APPLICANT  FOR  421-A  BENEFITS,  ANY
SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
EES  FOR  SUCH  APPLICANT,  INCLUDING,  BUT  NOT  LIMITED TO, A PROPERTY
MANAGEMENT COMPANY OR CONTRACTOR.
  (II) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT  AT  THE
ELIGIBLE  SITE  SHALL  RECEIVE  THE  APPLICABLE  PREVAILING WAGE FOR THE
ENTIRE RESTRICTION PERIOD.
  (III)  THE  FISCAL  OFFICER  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
PROVISIONS  OF  THIS PARAGRAPH. IN ENFORCING SUCH PROVISIONS, THE FISCAL
OFFICER SHALL HAVE THE POWER:
  (A) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE  TO  DETERMINE
THE  PREVAILING  WAGES  FOR  BUILDING  SERVICE EMPLOYEES; IN MAKING SUCH
INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE  AND  FRINGE  BENEFIT
DATA  FROM  VARIOUS  SOURCES,  INCLUDING,  BUT  NOT LIMITED TO, DATA AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
  (B) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF  THE  WORK  OR
ELSEWHERE;
  (C)  TO  EXAMINE  THE  BOOKS,  DOCUMENTS AND RECORDS PERTAINING TO THE
WAGES PAID TO, AND THE HOURS OF  WORK  PERFORMED  BY,  BUILDING  SERVICE
EMPLOYEES;
  (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS,
ADMINISTER  OATHS  AND  EXAMINE WITNESSES; THE ENFORCEMENT OF A SUBPOENA
ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW
AND RULES;
  (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED OCCUPATIONAL CATEGORY OF THE BUILDING  SERVICE  EMPLOYEES  AND  TO
DETERMINE  WHETHER  SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
  (F) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A  RECORD
OF  THE  WAGES  ACTUALLY  PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
  (G) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR  HER  DEPUTY  OR
OTHER AUTHORIZED REPRESENTATIVE; AND
  (H)  TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE
PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES  AND  POWERS  CONFERRED
UPON HIM OR HER BY THE PROVISIONS OF THIS SUBPARAGRAPH.
  (IV)  IF  THE  FISCAL  OFFICER  FINDS THAT THE APPLICANT HAS FAILED TO
COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH, HE OR  SHE  SHALL  PRESENT
EVIDENCE OF SUCH NONCOMPLIANCE TO THE AGENCY.
  (V) SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE APPLICABLE TO:
  (A) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN THIRTY DWELLING
UNITS; OR
  (B)  AN  ELIGIBLE MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN  FIFTY  PERCENT  OF  SUCH
AFFORDABLE  HOUSING  UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT
RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, ARE AFFORDABLE
TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES  WHOSE  HOUSE-
HOLD  INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA
MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (H) REPLACEMENT RATIO. IF THE  LAND  ON  WHICH  AN  ELIGIBLE  SITE  IS
LOCATED  CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE-

A. 7945                            10

MENT DATE OF THE FIRST ELIGIBLE MULTIPLE  DWELLING  THEREON,  THEN  SUCH
ELIGIBLE  SITE  SHALL  CONTAIN  AT LEAST ONE AFFORDABLE HOUSING UNIT FOR
EACH DWELLING UNIT THAT EXISTED ON SUCH DATE AND WAS  THEREAFTER  DEMOL-
ISHED, REMOVED OR RECONFIGURED.
  (I) CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING
RECEIVING  421-A BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATE-
MENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
  (J)  VOLUNTARY  RENUNCIATION  OR  TERMINATION.   NOTWITHSTANDING   THE
PROVISIONS  OF  ANY  GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AN
OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY  RENOUNCE  OR  TERMINATE  ANY
421-A  BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMI-
NATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSU-
ANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR  SECTION  FOUR  HUNDRED
TWENTY-C OF THIS TITLE.
  (K)  TERMINATION  OR  REVOCATION.  THE  AGENCY MAY TERMINATE OR REVOKE
421-A BENEFITS FOR NONCOMPLIANCE WITH THIS SUBDIVISION. IF  421-A  BENE-
FITS  ARE TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SUBDIVISION,
ALL OF THE  AFFORDABLE  HOUSING  UNITS  SHALL  REMAIN  SUBJECT  TO  RENT
STABILIZATION  AND  ALL  OTHER  REQUIREMENTS OF THIS SUBDIVISION FOR THE
RESTRICTION PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN  THIS
SUBDIVISION,  AS  IF  THE  421-A  BENEFITS  HAD  NOT  BEEN TERMINATED OR
REVOKED.
  (L) POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS  SUBDIVISION
SHALL  NOT  BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR  AVAILABLE  AT
LAW OR IN EQUITY.
  (M) MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS,
AN  APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX
LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR  421-A  BENEFITS  BASED
UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION.
  (N)  APPLICATIONS.    (I) THE APPLICATION WITH RESPECT TO ANY ELIGIBLE
MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR
AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING.
  (II) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL  OR  LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
  (III) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
SUBMITTED  BY  AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA-
TION. A FALSE CERTIFICATION BY  SUCH  ARCHITECT  OR  ENGINEER  SHALL  BE
DEEMED  TO  BE  PROFESSIONAL  MISCONDUCT  PURSUANT TO SECTION SIXTY-FIVE
HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE  FOUND  GUILTY  OF  SUCH
MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW, AND SHALL THERE-
AFTER  BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVI-
SION.
  (O) FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE  THOUSAND
DOLLARS  PER  DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. HOWEVER,
THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES
CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE  SUBSTANTIAL
ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR
LOCAL  GOVERNMENTAL  AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR
THE DEVELOPMENT OF AFFORDABLE HOUSING.
  (P) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS
OF THIS SUBDIVISION.

A. 7945                            11

  (Q) AUTHORITY OF CITY TO ENACT LOCAL LAW. EXCEPT AS  OTHERWISE  SPECI-
FIED IN THIS SUBDIVISION, A CITY TO WHICH THIS SUBDIVISION IS APPLICABLE
MAY  ENACT  A  LOCAL LAW TO RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY
FOR OR THE SCOPE OR AMOUNT OF 421-A BENEFITS  IN  ANY  MANNER,  PROVIDED
THAT  SUCH  LOCAL LAW MAY NOT GRANT 421-A BENEFITS BEYOND THOSE PROVIDED
IN THIS SUBDIVISION AND PROVIDED FURTHER THAT SUCH LOCAL LAW  SHALL  NOT
TAKE EFFECT SOONER THAN ONE YEAR AFTER IT IS ENACTED.  THE PROVISIONS OF
SECTIONS  11-245  AND 11-245.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF
NEW YORK OR OF ANY OTHER LOCAL LAW OF THE CITY OF  NEW  YORK  THAT  WERE
ENACTED  ON  OR  BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
TWO THOUSAND FIFTEEN THAT ADDED THIS PARAGRAPH SHALL NOT RESTRICT, LIMIT
OR CONDITION THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT OF  421-A  BENE-
FITS PURSUANT TO THIS SUBDIVISION.
  (R)  ELECTION.  NOTWITHSTANDING  ANYTHING  IN  THIS SUBDIVISION TO THE
CONTRARY, A RENTAL PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE  DECEM-
BER  THIRTY-FIRST,  TWO  THOUSAND FIFTEEN THAT HAS NOT RECEIVED BENEFITS
PURSUANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THE  CHAPTER  OF
THE  LAWS  OF TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION MAY ELECT
TO COMPLY WITH THIS SUBDIVISION AND RECEIVE 421-A BENEFITS  PURSUANT  TO
THIS SUBDIVISION.
  17. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION:
  (I)  "AFFORDABLE  HOUSING  EIGHTY  PERCENT  UNITS" SHALL MEAN DWELLING
UNITS THAT: (A) ARE SITUATED WITHIN THE EXTENDED AFFORDABILITY PROPERTY;
(B) UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL  FOLLOWING  A
VACANCY  DURING  THE  EXTENDED AFFORDABILITY PERIOD, ARE EACH AFFORDABLE
AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES  WHOSE  HOUSEHOLD
INCOME  DOES  NOT  EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, AT THE  TIME  THAT  SUCH  HOUSEHOLD  INITIALLY
OCCUPIES  SUCH  DWELLING UNIT; AND (C) UPON INITIAL RENTAL AND UPON EACH
SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE EXTENDED  AFFORDABILITY
PERIOD, ARE COLLECTIVELY AFFORDABLE AND RESTRICTED TO OCCUPANCY BY INDI-
VIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED AN AVERAGE OF
EIGHTY  PERCENT  OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT
THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (II) "AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS" SHALL  MEAN
DWELLING  UNITS  THAT: (A) ARE SITUATED WITHIN AN EXTENDED AFFORDABILITY
PROPERTY; AND (B) UPON INITIAL RENTAL AND UPON  EACH  SUBSEQUENT  RENTAL
FOLLOWING  A  VACANCY DURING THE EXTENDED AFFORDABILITY PERIOD, ARE EACH
AFFORDABLE AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES  WHOSE
HOUSEHOLD  INCOME DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE AREA
MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD
INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (III) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND  INDIVID-
UALLY,  AFFORDABLE  HOUSING  EIGHTY PERCENT UNITS AND AFFORDABLE HOUSING
ONE HUNDRED THIRTY PERCENT UNITS.
  (IV) "AGENCY" SHALL MEAN THE DEPARTMENT OF  HOUSING  PRESERVATION  AND
DEVELOPMENT.
  (V)  "APPLICATION"  SHALL  MEAN  AN  APPLICATION FOR EXTENDED BENEFITS
PURSUANT TO THIS SUBDIVISION.
  (VI)"BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULARLY
EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE  CARE  OR  MAINTE-
NANCE OF, AN EXTENDED AFFORDABILITY PROPERTY, INCLUDING, BUT NOT LIMITED
TO,  A  WATCHMAN,  GUARD,  DOORMAN,  BUILDING CLEANER, PORTER, HANDYMAN,
JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR  OPERATOR  AND  STARTER,  AND
WINDOW  CLEANER,  BUT  NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK
FEWER THAN EIGHT HOURS PER WEEK IN THE EXTENDED AFFORDABILITY PROPERTY.

A. 7945                            12

  (VII) "COMMENCEMENT DATE" SHALL MEAN THE LATER OF: (A) THE  EXPIRATION
DATE; OR (B) THE RESTRICTIVE DECLARATION DATE.
  (VIII)  "EXPIRATION  DATE"  SHALL  MEAN  THE  DATE UPON WHICH BENEFITS
GRANTED TO A TWENTY YEAR BENEFIT PROPERTY OR  TWENTY-FIVE  YEAR  BENEFIT
PROPERTY  PURSUANT  TO  THIS  SECTION PRIOR TO THE EFFECTIVE DATE OF THE
CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT ADDED THIS  SUBDIVISION
WOULD EXPIRE.
  (IX)  "EXTENDED  AFFORDABILITY PERIOD" SHALL MEAN, NOTWITHSTANDING ANY
EARLIER TERMINATION OR REVOCATION OF THE EXTENDED  BENEFIT,  THE  PERIOD
COMMENCING  UPON  THE  COMMENCEMENT  DATE  AND ENDING: (A) FIFTEEN YEARS
THEREAFTER FOR A TWENTY YEAR BENEFIT PROPERTY; AND (B) TEN YEARS  THERE-
AFTER FOR A TWENTY-FIVE YEAR BENEFIT PROPERTY.
  (X) "EXTENDED AFFORDABILITY PROPERTY" SHALL MEAN A TWENTY YEAR BENEFIT
PROPERTY  OR  A TWENTY-FIVE YEAR BENEFIT PROPERTY THAT COMPLIES WITH THE
PROVISIONS OF THIS SUBDIVISION.
  (XI) "EXTENDED AFFORDABILITY REQUIREMENT" SHALL MEAN THAT, WITHIN  ANY
EXTENDED AFFORDABILITY PROPERTY: (A) NOT LESS THAN TWENTY PERCENT OF THE
DWELLING  UNITS ARE AFFORDABLE HOUSING EIGHTY PERCENT UNITS; AND (B) NOT
LESS THAN AN ADDITIONAL FIVE PERCENT OF THE DWELLING UNITS ARE  AFFORDA-
BLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS.
  (XII)  "EXTENDED  BENEFIT"  SHALL MEAN, FOR ANY EXTENDED AFFORDABILITY
PROPERTY, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY  TAXATION,  OTHER
THAN  ASSESSMENTS FOR LOCAL IMPROVEMENTS, FOR THE EXTENDED AFFORDABILITY
PERIOD.
  (XIII) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER  ANALOGOUS
OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (XIV)  "FLOOR AREA" SHALL MEAN "FLOOR AREA" AS DEFINED IN THE NEW YORK
CITY ZONING RESOLUTION.
  (XV) "MULTIPLE DWELLING" SHALL HAVE  THE  MEANING  SET  FORTH  IN  THE
MULTIPLE DWELLING LAW.
  (XVI)  "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELL-
ING UNITS.
  (XVII) "RESTRICTIVE DECLARATION" SHALL MEAN A DOCUMENT EXECUTED BY ALL
PARTIES  IN  INTEREST  TO  THE  EXTENDED  AFFORDABILITY  PROPERTY  WHICH
PROVIDES  THAT,  DURING  THE EXTENDED AFFORDABILITY PERIOD, THE EXTENDED
AFFORDABILITY PROPERTY SHALL  COMPLY  WITH  THE  EXTENDED  AFFORDABILITY
REQUIREMENT.
  (XVIII)  "RESTRICTIVE DECLARATION DATE" SHALL MEAN THE DATE UPON WHICH
THE RESTRICTIVE DECLARATION IS RECORDED AGAINST THE EXTENDED AFFORDABIL-
ITY PROPERTY.
  (XIX) "TWENTY YEAR BENEFIT PROPERTY" SHALL MEAN  A  MULTIPLE  DWELLING
THAT  COMMENCED CONSTRUCTION PRIOR TO JULY FIRST, TWO THOUSAND EIGHT AND
THAT WAS GRANTED BENEFITS PURSUANT TO THIS SECTION PRIOR TO  THE  EFFEC-
TIVE  DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT ADDED
THIS SUBDIVISION DUE TO ITS COMPLIANCE WITH THE REQUIREMENTS OF  ITEM  B
OF  CLAUSE  (A) OF SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION TWO
OF THIS SECTION.
  (XX) "TWENTY-FIVE YEAR BENEFIT PROPERTY" SHALL MEAN A MULTIPLE  DWELL-
ING  THAT COMMENCED CONSTRUCTION PRIOR TO JULY FIRST, TWO THOUSAND EIGHT
AND THAT WAS GRANTED BENEFITS PURSUANT TO  THIS  SECTION  PRIOR  TO  THE
EFFECTIVE  DATE  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT
ADDED THIS SUBDIVISION DUE TO ITS COMPLIANCE WITH  THE  REQUIREMENTS  OF
ITEM  B OF CLAUSE (D) OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION.
  (B) BENEFIT. IN CITIES HAVING A POPULATION OF  ONE  MILLION  OR  MORE,
NOTWITHSTANDING  THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION

A. 7945                            13

OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO  THE  CONTRARY,  AN  EXTENDED
AFFORDABILITY  PROPERTY  SHALL BE GRANTED AN EXTENDED BENEFIT, PROVIDED,
HOWEVER, THAT SUCH EXTENDED BENEFIT SHALL BE AVAILABLE ONLY IF ALL RESI-
DENTIAL  TAX  LOTS  IN  SUCH  EXTENDED AFFORDABILITY PROPERTY OPERATE AS
RENTAL HOUSING.
  (C) TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO
THIS SUBDIVISION,  THE  OWNER  OF  AN  EXTENDED  AFFORDABILITY  PROPERTY
RECEIVING  AN EXTENDED BENEFIT SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH
EXTENDED BENEFIT IS IN EFFECT, REAL PROPERTY TAXES  AND  ASSESSMENTS  AS
FOLLOWS:
  (I) REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF SUCH LAND AND ANY
IMPROVEMENTS  THEREON  IN  EFFECT  DURING  THE  TAX  YEAR  PRECEDING THE
COMMENCEMENT OF THE CONSTRUCTION OF SUCH EXTENDED AFFORDABILITY PROPERTY
WITHOUT REGARD TO ANY EXEMPTION OR ABATEMENT FROM REAL PROPERTY TAXATION
IN EFFECT PRIOR TO SUCH CONSTRUCTION WHICH REAL PROPERTY TAXES SHALL  BE
CALCULATED ON THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE; AND
  (II) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS.
  (D)  LIMITATION  ON  BENEFITS  FOR NON-RESIDENTIAL SPACE. ANY EXTENDED
BENEFIT SHALL BE REDUCED BY THE PERCENTAGE OF AGGREGATE  FLOOR  AREA  OF
THE  EXTENDED  AFFORDABILITY  PROPERTY OCCUPIED BY COMMERCIAL, COMMUNITY
FACILITY, PARKING, AND ACCESSORY USES AS PROVIDED IN  PARAGRAPH  (D)  OF
SUBDIVISION TWO OF THIS SECTION.
  (E)  CALCULATION  OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY
CERTIFYING THE APPLICANT'S ELIGIBILITY FOR  THE  EXTENDED  BENEFIT,  THE
ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO
BE EXEMPTED.
  (F) AFFORDABILITY REQUIREMENT. DURING THE EXTENDED AFFORDABILITY PERI-
OD,  AN  EXTENDED  AFFORDABILITY  PROPERTY MUST COMPLY WITH THE EXTENDED
AFFORDABILITY REQUIREMENT AND THE RESTRICTIVE DECLARATION. THE  EXTENDED
AFFORDABILITY  PROPERTY  SHALL  ALSO  COMPLY WITH ALL PROVISIONS OF THIS
PARAGRAPH DURING THE EXTENDED AFFORDABILITY PERIOD AND WITH SUBPARAGRAPH
(I) OF THIS PARAGRAPH BOTH DURING AND AFTER THE  EXTENDED  AFFORDABILITY
PERIOD TO THE EXTENT PROVIDED IN SUCH SUBPARAGRAPH.
  (I) NOTWITHSTANDING THE PROVISIONS OF ANY LOCAL LAW FOR THE STABILIZA-
TION  OF RENTS OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVEN-
TY-FOUR, THE RENTS OF  ALL  AFFORDABLE  HOUSING  UNITS  IN  AN  EXTENDED
AFFORDABILITY  PROPERTY  SHALL  BE  FULLY  SUBJECT TO CONTROL UNDER SUCH
LOCAL LAW OR SUCH ACT DURING THE EXTENDED AFFORDABILITY PERIOD, PROVIDED
THAT TENANTS HOLDING A LEASE AND IN OCCUPANCY OF SUCH AFFORDABLE HOUSING
UNITS IN AN EXTENDED AFFORDABILITY PROPERTY AT  THE  EXPIRATION  OF  THE
EXTENDED  AFFORDABILITY  PERIOD  SHALL  HAVE THE RIGHT TO REMAIN AS RENT
STABILIZED TENANTS FOR THE DURATION OF THEIR OCCUPANCY. UPON ANY VACANCY
OF AN AFFORDABLE HOUSING UNIT AFTER THE EXTENDED  AFFORDABILITY  PERIOD,
SUCH AFFORDABLE HOUSING UNIT SHALL REMAIN FULLY SUBJECT TO RENT STABILI-
ZATION  UNLESS  THE  OWNER IS ENTITLED TO REMOVE SUCH AFFORDABLE HOUSING
UNIT FROM RENT STABILIZATION UPON SUCH VACANCY BY REASON OF THE  MONTHLY
RENT EXCEEDING ANY LIMIT ESTABLISHED THEREUNDER.
  (II)  ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED PURSU-
ANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL  CONTAIN  A  DESIGNATION
THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS COMPLYING WITH THE
EXTENDED  AFFORDABILITY  REQUIREMENT AS "421-A AFFORDABLE HOUSING UNITS"
AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY  TO  ALL
SUCH AFFORDABLE HOUSING UNITS.
  (III)  FAILURE  TO  COMPLY  WITH THE PROVISIONS OF THIS PARAGRAPH THAT
REQUIRE THE MAINTENANCE, RENT STABILIZATION AND OCCUPANCY OF  AFFORDABLE
HOUSING  UNITS  IN  AN  EXTENDED  AFFORDABILITY PROPERTY SHALL RESULT IN

A. 7945                            14

REVOCATION OF THE EXTENDED BENEFIT FOR THE PERIOD  OF  SUCH  NON-COMPLI-
ANCE.
  (IV)  NOTHING IN THIS SUBDIVISION SHALL: (A) PROHIBIT THE OCCUPANCY OF
AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES  WHOSE  INCOME  AT
ANY  TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME,
ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR  SUCH  AFFORDABLE  HOUSING  UNIT
PURSUANT  TO  THIS SUBDIVISION; OR (B) PROHIBIT THE OWNER OF AN EXTENDED
AFFORDABILITY PROPERTY FROM REQUIRING, UPON INITIAL RENTAL OR  UPON  ANY
RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT
BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES.
  (V)  UPON  EACH  VACANCY, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE
OFFERED FOR RENTAL BY INDIVIDUALS OR  FAMILIES  WHOSE  INCOME  DOES  NOT
EXCEED  THE  MAXIMUM  PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS
SUBDIVISION AND WHO INTEND TO OCCUPY SUCH  AFFORDABLE  HOUSING  UNIT  AS
THEIR  PRIMARY  RESIDENCE.  AN AFFORDABLE HOUSING UNIT SHALL NOT BE: (A)
RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY; OR  (B)  HELD  OFF
THE  MARKET  FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM
REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR  OCCU-
PANCY.
  (VI)  AN  AFFORDABLE  HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY,
TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL  THEREOF  FOR  AN
AFFORDABLE  HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE
OPTION OF THE TENANT.
  (VII) AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE
OR CONDOMINIUM OWNERSHIP.
  (VIII) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGEN-
CY DEEMS NECESSARY OR APPROPRIATE FOR: (A) THE MARKETING  OF  AFFORDABLE
HOUSING UNITS; AND (B) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS
PARAGRAPH.  SUCH  REQUIREMENTS  MAY INCLUDE, BUT NEED NOT BE LIMITED TO,
RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER.
  (G) BUILDING SERVICE EMPLOYEES.  (I) FOR THE PURPOSES  OF  THIS  PARA-
GRAPH,  "APPLICANT"  SHALL  MEAN AN APPLICANT FOR EXTENDED BENEFITS, ANY
SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY-
EES FOR SUCH APPLICANT,  INCLUDING,  BUT  NOT  LIMITED  TO,  A  PROPERTY
MANAGEMENT COMPANY OR CONTRACTOR.
  (II)  ALL  BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE
EXTENDED AFFORDABILITY PROPERTY SHALL RECEIVE THE APPLICABLE  PREVAILING
WAGE FOR THE ENTIRE EXTENDED AFFORDABILITY PERIOD.
  (III)  THE  FISCAL  OFFICER  SHALL  HAVE  THE  POWER  TO  ENFORCE  THE
PROVISIONS OF THIS PARAGRAPH. IN ENFORCING SUCH PROVISIONS,  THE  FISCAL
OFFICER SHALL HAVE THE POWER:
  (A)  TO  INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE
THE PREVAILING WAGES FOR BUILDING  SERVICE  EMPLOYEES;  IN  MAKING  SUCH
INVESTIGATION,  THE  FISCAL  OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT
DATA FROM VARIOUS SOURCES, INCLUDING,  BUT  NOT  LIMITED  TO,  DATA  AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
  (B)  TO  INSTITUTE  AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
ELSEWHERE;
  (C) TO EXAMINE THE BOOKS, DOCUMENTS  AND  RECORDS  PERTAINING  TO  THE
WAGES  PAID  TO,  AND  THE  HOURS OF WORK PERFORMED BY, BUILDING SERVICE
EMPLOYEES;
  (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS,
ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT  OF  A  SUBPOENA
ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW
AND RULES;

A. 7945                            15

  (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO
DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE  BUILDING  SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
  (F)  TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT  TO  THE  BUILDING  SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
  (G)  TO  DELEGATE  ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR
OTHER AUTHORIZED REPRESENTATIVE; AND
  (H) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR  THE
PROPER  EXECUTION  OF  THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED
UPON HIM OR HER BY THE PROVISIONS OF THIS SUBPARAGRAPH.
  (IV) IF THE FISCAL OFFICER FINDS THAT  THE  APPLICANT  HAS  FAILED  TO
COMPLY  WITH  THE  PROVISIONS OF THIS PARAGRAPH, HE OR SHE SHALL PRESENT
EVIDENCE OF SUCH NONCOMPLIANCE TO THE AGENCY.
  (V) SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE APPLICABLE TO:
  (A) AN EXTENDED AFFORDABILITY PROPERTY  CONTAINING  LESS  THAN  THIRTY
DWELLING UNITS; OR
  (B)  AN  EXTENDED  AFFORDABILITY PROPERTY IN WHICH ALL OF THE DWELLING
UNITS ARE AFFORDABLE HOUSING UNITS AND NOT LESS THAN  FIFTY  PERCENT  OF
SUCH  AFFORDABLE HOUSING UNITS, UPON INITIAL RENTAL AND UPON EACH SUBSE-
QUENT RENTAL FOLLOWING A VACANCY DURING THE EXTENDED AFFORDABILITY PERI-
OD, ARE AFFORDABLE TO AND RESTRICTED  TO  OCCUPANCY  BY  INDIVIDUALS  OR
FAMILIES  WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED TWENTY-FIVE
PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME
THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT.
  (H) CONCURRENT EXEMPTIONS OR  ABATEMENTS.  AN  EXTENDED  AFFORDABILITY
PROPERTY  RECEIVING  AN EXTENDED BENEFIT SHALL NOT RECEIVE ANY EXEMPTION
FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW.
  (I)  VOLUNTARY  RENUNCIATION  OR  TERMINATION.   NOTWITHSTANDING   THE
PROVISIONS  OF  ANY  GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AN
OWNER SHALL NOT BE ENTITLED TO  VOLUNTARILY  RENOUNCE  OR  TERMINATE  AN
EXTENDED  BENEFIT  UNLESS  THE  AGENCY  AUTHORIZES  SUCH RENUNCIATION OR
TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW  TAX  EXEMPTION
PURSUANT  TO  EITHER  THE  PRIVATE  HOUSING  FINANCE LAW OR SECTION FOUR
HUNDRED TWENTY-C OF THIS TITLE.
  (J) TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE  THE
EXTENDED  BENEFIT  FOR  NONCOMPLIANCE  WITH  THIS  SUBDIVISION.  IF  THE
EXTENDED BENEFIT IS TERMINATED OR REVOKED FOR  NONCOMPLIANCE  WITH  THIS
SUBDIVISION, ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO
THE  PROVISIONS  OF  ANY LOCAL LAW FOR THE STABILIZATION OF RENTS OR THE
EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR AND  ALL  OTHER
REQUIREMENTS  OF  THIS SUBDIVISION FOR THE ENTIRE EXTENDED AFFORDABILITY
PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SUBDIVISION,
AS IF THE EXTENDED BENEFIT HAD NOT BEEN TERMINATED OR REVOKED.
  (K) POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS  SUBDIVISION
SHALL  NOT  BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME-
DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR  AVAILABLE  AT
LAW OR IN EQUITY.
  (L)  MULTIPLE TAX LOTS. IF AN EXTENDED AFFORDABILITY PROPERTY CONTAINS
MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT  TO  ONE
OR  MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AN
EXTENDED BENEFIT BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION.
  (M) APPLICATIONS.  (I) THE APPLICATION WITH RESPECT  TO  ANY  EXTENDED
AFFORDABILITY  PROPERTY  SHALL  INCLUDE  A  CERTIFICATION  THAT: (A) THE
RESTRICTIVE DECLARATION HAS BEEN RECORDED AGAINST THE EXTENDED  AFFORDA-

A. 7945                            16

BILITY  PROPERTY;  AND  (B)  THE  EXTENDED  AFFORDABILITY PROPERTY IS IN
COMPLIANCE WITH SUCH RESTRICTIVE DECLARATION AND THIS SUBDIVISION.
  (II)  THE APPLICATION WITH RESPECT TO ANY EXTENDED AFFORDABILITY PROP-
ERTY SHALL BE FILED WITH THE AGENCY ON  OR  BEFORE  THE  LATER  OF:  (A)
DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  SIXTEEN;  OR (B) EIGHTEEN MONTHS
AFTER THE EXPIRATION DATE.
  (III) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR  LOCAL
LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE
FILED ELECTRONICALLY.
  (IV)  THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER
SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF  AN  APPLICA-
TION.  A  FALSE  CERTIFICATION  BY  SUCH  ARCHITECT OR ENGINEER SHALL BE
DEEMED TO BE PROFESSIONAL  MISCONDUCT  PURSUANT  TO  SECTION  SIXTY-FIVE
HUNDRED  NINE  OF  THE  EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH
MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED
TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN
SECTION SIXTY-FIVE HUNDRED ELEVEN OF THE EDUCATION LAW, AND SHALL THERE-
AFTER BE INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS  SUBDIVI-
SION.
  (N)  FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND
DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION.
  (O) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS
OF THIS SUBDIVISION.
  (P) AUTHORITY OF CITY TO ENACT LOCAL LAW. EXCEPT AS  OTHERWISE  SPECI-
FIED IN THIS SUBDIVISION, A CITY TO WHICH THIS SUBDIVISION IS APPLICABLE
MAY  ENACT  A  LOCAL LAW TO RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY
FOR OR THE SCOPE OR AMOUNT OF EXTENDED BENEFITS IN ANY MANNER,  PROVIDED
THAT  SUCH  LOCAL  LAW  MAY  NOT  GRANT  EXTENDED  BENEFITS BEYOND THOSE
PROVIDED IN THIS SUBDIVISION AND PROVIDED FURTHER THAT  SUCH  LOCAL  LAW
SHALL  NOT  TAKE  EFFECT  SOONER  THAN ONE YEAR AFTER IT IS ENACTED. THE
PROVISIONS OF SECTIONS 11-245 AND 11-245.1 OF THE ADMINISTRATIVE CODE OF
THE CITY OF NEW YORK OR OF ANY OTHER LOCAL LAW OF THE CITY OF  NEW  YORK
THAT  WERE ENACTED ON OR BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO  THOUSAND  FIFTEEN  THAT  ADDED  THIS  PARAGRAPH  SHALL  NOT
RESTRICT,  LIMIT OR CONDITION THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT
OF EXTENDED BENEFITS PURSUANT TO THIS SUBDIVISION.
  S 2. The opening paragraph of clause (A) of subparagraph (iv) of para-
graph (a) of subdivision 2 of section 421-a of  the  real  property  tax
law,  as  amended  by  section 41 of part B of chapter 97 of the laws of
2011, is amended to read as follows:
  Unless excluded by local law, in the city of New York, the benefits of
this subparagraph shall be available in the borough of Manhattan for new
multiple dwellings on tax lots now existing or hereafter  created  south
of  or adjacent to either side of one hundred tenth street that commence
construction after July first, nineteen hundred  ninety-two  and  ON  OR
before  [June  fifteenth]  DECEMBER  THIRTY-FIRST, two thousand fifteen,
PROVIDED, HOWEVER, THAT (1) SUCH A MULTIPLE DWELLING RECEIVES ITS  FIRST
TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL RESIDENTIAL
AREAS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN, AND (2)
SOLELY  FOR  PURPOSES  OF  DETERMINING  WHETHER  THIS CLAUSE APPLIES AND
NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, "COMMENCE" SHALL MEAN THE
DATE UPON WHICH EXCAVATION AND  CONSTRUCTION  OF  INITIAL  FOOTINGS  AND
FOUNDATIONS  LAWFULLY  BEGINS  IN GOOD FAITH OR, FOR AN ELIGIBLE CONVER-
SION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF  THE  CONVERSION,
ALTERATION  OR  IMPROVEMENT  OF  THE  PRE-EXISTING BUILDING OR STRUCTURE
LAWFULLY BEGINS IN GOOD FAITH, only if:

A. 7945                            17

  S 3. Subparagraph (ii) of paragraph (c) of subdivision  2  of  section
421-a  of  the real property tax law, as amended by section 42 of part B
of chapter 97 of the laws of 2011, is amended to read as follows:
  (ii)  construction  is commenced after January first, nineteen hundred
seventy-five and ON OR before [June  fifteenth]  DECEMBER  THIRTY-FIRST,
two thousand fifteen, provided, however, that (A) SUCH A MULTIPLE DWELL-
ING  RECEIVES  ITS FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY
COVERING ALL RESIDENTIAL AREAS ON OR BEFORE DECEMBER  THIRTY-FIRST,  TWO
THOUSAND  NINETEEN,  (B) SOLELY FOR PURPOSES OF DETERMINING WHETHER THIS
SUBPARAGRAPH APPLIES AND NOTWITHSTANDING ANY LOCAL LAW TO THE  CONTRARY,
"COMMENCE" SHALL MEAN THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF
INITIAL  FOOTINGS  AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR
AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF
THE  CONVERSION,  ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING
OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH, AND  (C)  such  commencement
period shall not apply to multiple dwellings eligible for benefits under
subparagraph (iv) of paragraph (a) of this subdivision;
  S  4.  Subdivision  2 of section 421-a of the real property tax law is
amended by adding a new paragraph (j) to read as follows:
  (J)  VOLUNTARY  RENUNCIATION  OR  TERMINATION.   NOTWITHSTANDING   THE
PROVISIONS  OF  ANY  GENERAL,  SPECIAL  OR LOCAL LAW TO THE CONTRARY, AN
OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANY TAX
EXEMPTION GRANTED PURSUANT TO THIS SUBDIVISION UNLESS THE LOCAL  HOUSING
AGENCY  AUTHORIZES  SUCH  RENUNCIATION OR TERMINATION IN CONNECTION WITH
THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSUANT TO EITHER  THE  PRIVATE
HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE.
  S  5.  The  opening paragraph of subdivision 3 of section 421-a of the
real property tax law, as amended by chapter 655 of the laws of 1978, is
amended to read as follows:
  A. Application forms for exemption under this section shall  be  filed
with the assessors between February first and March fifteenth and, based
on the certification of the local housing agency as herein provided, the
assessors shall certify to the collecting officer the amount of taxes to
be  abated.  If  there  be in a city of one million population or more a
department of housing preservation and development,  the  term  "housing
agency"  shall  mean  only  such  department of housing preservation and
development. No such application shall  be  accepted  by  the  assessors
unless accompanied by a certificate of the local housing agency certify-
ing the applicant's eligibility pursuant to subdivisions two and four of
this  section.  No  such certification of eligibility shall be issued by
the local housing  agency  until  such  agency  determines  the  initial
adjusted  monthly rent to be paid by tenants residing in rental dwelling
units  contained  within  the  multiple  dwelling  and  the  comparative
adjusted  monthly  rent that would have to be paid by such tenants if no
tax exemption were applicable as provided by this section.  The  initial
adjusted  monthly  rent will be certified by the local housing agency as
the first rent for the subject dwelling units. A copy  of  such  certif-
ication with respect to such units shall be attached by the applicant to
the  first  effective lease or occupancy agreement. The initial adjusted
monthly rent shall reflect the full tax exemption benefits  as  approved
by the agency.
  S  6.  Subdivision  3 of section 421-a of the real property tax law is
amended by adding a new paragraph b to read as follows:
  B. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW
TO THE CONTRARY, THE LOCAL HOUSING  AGENCY  MAY  REQUIRE  BY  RULE  THAT
APPLICATIONS BE FILED ELECTRONICALLY.

A. 7945                            18

  S 7. Paragraph (a) of subdivision 6 of section 421-a of the real prop-
erty  tax  law  is amended by adding three new subparagraphs (iii), (iv)
and (v) to read as follows:
  (III)  "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY BUILDING IN
A COVERED PROJECT AND NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, THE
DATE UPON WHICH EXCAVATION AND  CONSTRUCTION  OF  INITIAL  FOOTINGS  AND
FOUNDATIONS  LAWFULLY  BEGINS  IN GOOD FAITH OR, FOR AN ELIGIBLE CONVER-
SION, THE DATE UPON WHICH THE ACTUAL  CONSTRUCTION  OF  THE  CONVERSION,
ALTERATION  OR  IMPROVEMENT  OF  THE  PRE-EXISTING BUILDING OR STRUCTURE
LAWFULLY BEGINS IN GOOD FAITH.
  (IV) "COMPLETION DATE" SHALL  MEAN  THE  DATE  UPON  WHICH  THE  LOCAL
DEPARTMENT  OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIF-
ICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF  A  BUILDING  IN  A
COVERED PROJECT.
  (V)  "COVERED  PROJECT AGREEMENT" SHALL MEAN AN AGREEMENT EXECUTED AND
RECORDED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND  FIFTEEN,  AND
NOT  THEREAFTER  AMENDED  TO  INCLUDE  ADDITIONAL  REAL PROPERTY, BY AND
BETWEEN THE OWNERS OF THE REAL PROPERTY CONTAINING ALL OF THE AFFORDABLE
UNITS AND THE MARKET  UNITS  WHICH  WILL  CONSTITUTE  A  SINGLE  COVERED
PROJECT AS DEFINED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH.
  S 8. Paragraph (b) of subdivision 6 of section 421-a of the real prop-
erty tax law, as added by chapter 110 of the laws of 2005, is amended to
read as follows:
  (b)  No  benefits  under  the  provisions  of  this  section  shall be
conferred on any BUILDING IN A covered project located in the Greenpoint
- Williamsburg waterfront exclusion area unless [such] THE REAL PROPERTY
CONTAINING SUCH BUILDING IS IDENTIFIED IN A COVERED  PROJECT  AGREEMENT,
AND  THE  COVERED  project  THAT  INCLUDES  SUCH  BUILDING shall provide
affordable housing for persons and families of low and  moderate  income
that meets one of the following conditions:
  (i)  not  less than twenty percent of the units in the covered project
are affordable to and occupied or available for occupancy by individuals
or families whose incomes at the time of initial occupancy do not exceed
eighty percent of the area median incomes adjusted for family size,  AND
AT  LEAST  ONE  BUILDING  IN SUCH COVERED PROJECT THAT CONTAINS NOT LESS
THAN TWENTY PERCENT OF ITS DWELLING UNITS MEETING THIS AFFORDABLE  HOUS-
ING   REQUIREMENT   HAS  A  COMMENCEMENT  DATE  ON  OR  BEFORE  DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ALL  OF  THE  BUILDINGS  IN  SUCH
COVERED  PROJECT THAT RECEIVE BENEFITS PURSUANT TO PARAGRAPH (F) OF THIS
SUBDIVISION HAVE A COMPLETION DATE ON  OR  BEFORE  JUNE  FIFTEENTH,  TWO
THOUSAND TWENTY-FIVE; or
  (ii) not less than ten percent of the units in the covered project are
affordable  to and occupied or available for occupancy by individuals or
families whose incomes at the time of initial occupancy  do  not  exceed
eighty  percent  of the area median incomes adjusted for family size and
not less than an additional fifteen percent of the units in the  covered
project  are  affordable  to  and occupied or available for occupancy by
individuals or families whose incomes at the time of  initial  occupancy
do not exceed one hundred twenty-five percent of the area median incomes
adjusted  for  family  size,  AND  AT LEAST ONE BUILDING IN SUCH COVERED
PROJECT THAT CONTAINS NOT LESS THAN TWENTY-FIVE PERCENT OF ITS  DWELLING
UNITS  MEETING  THIS  AFFORDABLE  HOUSING REQUIREMENT HAS A COMMENCEMENT
DATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ALL OF
THE BUILDINGS IN SUCH COVERED PROJECT THAT RECEIVE BENEFITS PURSUANT  TO
PARAGRAPH  (F)  OF  THIS SUBDIVISION HAVE A COMPLETION DATE ON OR BEFORE
JUNE FIFTEENTH, TWO THOUSAND TWENTY-FIVE.

A. 7945                            19

  S 9. Paragraph (f) of subdivision 6 of section 421-a of the real prop-
erty tax law, as added by chapter 110 of the laws of 2005, is amended to
read as follows:
  (f)  With  respect  to any covered project located entirely within the
Greenpoint - Williamsburg waterfront exclusion area, the period  of  tax
benefits  awarded  to  any building in such covered project shall be the
same as the period of tax benefits awarded under  clause  [(A)]  (D)  of
subparagraph  (iii) of paragraph (a) of subdivision two of this section.
With respect to any covered project which includes one or more buildings
located outside the Greenpoint - Williamsburg waterfront exclusion area,
the period of tax benefits awarded  to  any  building  in  such  covered
project  that is located within the Greenpoint - Williamsburg waterfront
exclusion area shall be the same as the period of tax  benefits  awarded
under  clause  (A)  of subparagraph (ii) of paragraph (a) of subdivision
two of this section.
  S 10. Subdivision 8 of section 421-a of the real property tax law,  as
added  by chapter 618 of the laws of 2007, subparagraph (i) of paragraph
(a) and paragraph (c) as amended by chapter 15  of  the  laws  of  2008,
paragraphs (d) and (e) as amended by chapter 619 of the laws of 2007, is
amended to read as follows:
  8. (a) As used in this subdivision, the following terms shall have the
following meanings:
  (i)  "APPLICANT"  MEANS  AN  APPLICANT  FOR  BENEFITS PURSUANT TO THIS
SECTION, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY  EMPLOYER  OF  BUILDING
SERVICE  EMPLOYEES  FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A
PROPERTY MANAGEMENT COMPANY OR CONTRACTOR.
  (II) "Building service employee" means any  person  who  is  regularly
employed  at a building who performs work in connection with the care or
maintenance of such building. "Building service employee" includes,  but
is  not  limited to [superintendent], watchman, guard, doorman, building
cleaner, porter, handyman, janitor,  gardener,  groundskeeper,  elevator
operator  and starter, and window cleaner, but shall not include persons
regularly scheduled to work fewer than  eight  hours  per  week  in  the
building.
  [(ii)  "Prevailing wage" means the wage determined by the fiscal offi-
cer to be prevailing for the various classes of building service employ-
ees in the locality pursuant to section two hundred thirty of the  labor
law.]
  (III)  "FISCAL OFFICER" MEANS THE COMPTROLLER OR OTHER ANALOGOUS OFFI-
CER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
  (b) [No benefits  under  this  section  shall  be  conferred  for  any
construction  commenced on or after December twenty-eighth, two thousand
seven for any tax lots now existing or hereafter  created  except  where
the applicant agrees that all building service employees employed at the
building,  whether employed directly by the applicant or its successors,
or through a property management company or a contractor, shall  receive
the  applicable  prevailing  wage for the duration of the building's tax
exemption.] ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT  IN
A   BUILDING   WHOSE   CONSTRUCTION   COMMENCED  ON  OR  AFTER  DECEMBER
TWENTY-EIGHTH, TWO THOUSAND SEVEN SHALL RECEIVE THE APPLICABLE  PREVAIL-
ING WAGE FOR THE DURATION OF BENEFITS PURSUANT TO THIS SECTION.
  (c)  [The limitations contained in paragraph] THE FISCAL OFFICER SHALL
HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORC-
ING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER:
  (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE  TO  DETERMINE
THE  PREVAILING  WAGES  FOR  BUILDING  SERVICE EMPLOYEES; IN MAKING SUCH

A. 7945                            20

INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE  AND  FRINGE  BENEFIT
DATA  FROM  VARIOUS  SOURCES,  INCLUDING,  BUT  NOT LIMITED TO, DATA AND
DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES;
  (II)  TO  INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR
ELSEWHERE;
  (III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS  PERTAINING  TO  THE
WAGES  PAID  TO,  AND  THE  HOURS OF WORK PERFORMED BY, BUILDING SERVICE
EMPLOYEES;
  (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO  ISSUE  SUBPOE-
NAS,  ADMINISTER  OATHS  AND  EXAMINE  WITNESSES;  THE  ENFORCEMENT OF A
SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY  THE  CIVIL
PRACTICE LAW AND RULES;
  (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG-
NIZED  OCCUPATIONAL  CATEGORY  OF  THE BUILDING SERVICE EMPLOYEES AND TO
DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE  BUILDING  SERVICE
EMPLOYEES IN SUCH CLASSIFICATION;
  (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD
OF  THE  WAGES  ACTUALLY  PAID BY SUCH APPLICANT TO THE BUILDING SERVICE
EMPLOYEES AND OF THEIR HOURS OF WORK;
  (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY  OR
OTHER AUTHORIZED REPRESENTATIVE; AND
  (VIII)  TO  PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR
THE  PROPER  EXECUTION  OF  THE  DUTIES,  RESPONSIBILITIES  AND   POWERS
CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH.
  (D)  IF  THE  FISCAL  OFFICER  FINDS  THAT THE APPLICANT HAS FAILED TO
COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, HE OR SHE SHALL  PRESENT
EVIDENCE OF SUCH NONCOMPLIANCE TO THE LOCAL HOUSING AGENCY.
  (E) PARAGRAPH (b) of this subdivision shall not be applicable to:
  (i) projects containing less than fifty dwelling units; or
  (ii)  buildings  where  the  local  housing  agency  certifies that at
initial occupancy at least fifty  percent  of  the  dwelling  units  are
affordable  to  individuals or families with a gross household income at
or below one hundred twenty-five percent of the area median  income  and
that  any  such  units  which  are  located  in rental buildings will be
subject to restrictions to insure that they will remain  affordable  for
the entire period during which they receive benefits under this section.
  [(d)]  (F)  The local housing agency shall prescribe appropriate sanc-
tions for failure to comply with the provisions of this subdivision.
  [(e)] (G) Solely for purposes of paragraph (b)  of  this  subdivision,
construction shall be deemed to have commenced when excavation or alter-
ation  has  begun  in  good  faith on the basis of approved construction
plans.
  [(f)] (H) The  [limitations  on]  eligibility  CRITERIA  for  benefits
contained in this subdivision shall be in addition to those contained in
any other law or regulation.
  S  11.  This  act  shall take effect immediately, except that sections
seven, eight and nine of this act shall be deemed to have been  in  full
force and effect on and after June 21, 2005, and section ten of this act
shall  be  deemed  to  have  been  in full force and effect on and after
August 17, 2007.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to be invalid, such judgement shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved  in  the  controversy  in  which  such

A. 7945                            21

judgement  shall  have  been  rendered.  It is hereby declared to be the
intent of the legislature that this act would have been enacted even  if
such invalid provisions had not been included herein.
  S  3.  This act shall take effect immediately, provided, however, that
the applicable effective date of Parts A and B of this act shall  be  as
specifically set forth in the last section of such Parts.

assembly Bill A5347A

2015-2016 Legislative Session

Relates to real property tax exemptions for veterans

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2016 reported referred to ways and means
Mar 30, 2016 print number 5347b
amend and recommit to veterans' affairs
Jan 06, 2016 referred to veterans' affairs
Jun 01, 2015 reported referred to ways and means
May 15, 2015 print number 5347a
amend and recommit to veterans' affairs
Feb 18, 2015 referred to veterans' affairs

Bill Amendments

A5347
A5347A
A5347B
A5347
A5347A
A5347B

A5347 - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §458, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A9043

A5347 - Bill Texts

view summary

Relates to real property tax exemptions for veterans.

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

                                  5347

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Veterans' Affairs

AN ACT to amend the real property tax law, in relation to veterans

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

  Section 1. Paragraph 3 of subdivision 1 of section  458  of  the  real
property  tax  law,  as  amended  by chapter 733 of the laws of 1959, is
amended to read as follows:
  (3) If the assessors are satisfied that the applicant is  entitled  to
any  exemption, they shall make appropriate entries upon the assessment-
roll opposite the description of such property and  subtract  the  total
amount  of such exemption from the total amount assessed pursuant to the
provisions of paragraph one of this subdivision. Such entries  shall  be
made  and  continued in each assessment of the property so long as it is
exempt from taxation for any purpose. Such real property, to the  extent
of  the  exemption entered by the assessors, shall be exempt from state,
county [and], general municipal AND SCHOOL DISTRICT taxation[, but shall
be taxable for local school purposes]. The provisions  herein,  relating
to  the  assessment  and  exemption  of property purchased with eligible
funds apply and shall be enforced in each municipal corporation  author-
ized to levy taxes.
  S 2. Paragraph (a) of subdivision 5 of section 458 of the real proper-
ty  tax  law,  as  amended  by  chapter  625 of the laws of 1995, and as
further amended by subdivision (b) of section 1 of part W of chapter  56
of the laws of 2010, is amended to read as follows:
  (a)   Notwithstanding  the  limitation  on  the  amount  of  exemption
prescribed in subdivision one or two of this section, upon adoption of a
local law by the governing board of a county, city, town  [or],  village
OR SCHOOL DISTRICT that levies taxes or for which taxes are levied on an
assessment  roll,  if  the total assessed value of the real property for
which such exemption has been granted  increases  or  decreases  as  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03419-01-5

A. 5347                             2

result  of a revaluation or update of assessments, and a material change
in level of assessment, as provided in title two of  article  twelve  of
this chapter, is certified for the assessment roll pursuant to the rules
of  the commissioner, the assessor shall increase or decrease the amount
of such exemption by multiplying the amount of  such  exemption  by  the
change  in  level  of  assessment  factor.  If the assessor receives the
certification after the completion, verification and filing of the final
assessment roll, the assessor shall certify the amount of  exemption  as
recomputed  pursuant  to  this  paragraph  to  the local officers having
custody and control of the roll, and  such  local  officers  are  hereby
directed  and  authorized to enter the recomputed exemption certified by
the assessor on the roll.
  S 3. Subparagraph (ii) of paragraph (d) of subdivision  5  of  section
458 of the real property tax law, as added by chapter 178 of the laws of
1997, is amended to read as follows:
  (ii)  An  assessing  unit  which  finally  files  a change in level of
assessment roll in or after the calendar year nineteen  hundred  ninety-
eight  may,  pursuant  to  local law adopted by the governing board of a
county, city, town [or], village OR SCHOOL DISTRICT that levies taxes or
for which taxes are levied on an assessment roll, grant to every veteran
who is entitled to any additional eligible funds a  recompute  exemption
in  lieu of the exemption otherwise authorized by this subdivision. Such
recompute exemption may be granted on any change in level of  assessment
roll  filed  in  or after calendar year nineteen hundred ninety-eight. A
local law adopted pursuant to this paragraph [(d)] shall not be  subject
to referendum.
  S 4. Subparagraph (i) of paragraph (a) of subdivision 6 of section 458
of  the  real property tax law, as amended by chapter 625 of the laws of
1995, is amended to read as follows:
  (i) Except as otherwise provided in subparagraph (ii)  of  this  para-
graph,  no  new  exemption may be granted pursuant to subdivision one or
former subdivision five of this section on an assessment roll based upon
a taxable status date occurring  on  or  after  March  second,  nineteen
hundred  eighty-six, except for purposes of taxes levied by or on behalf
of a county, city, town or village that has enacted and has in effect  a
local  law  as  provided in PARAGRAPH (A) OF subdivision four of section
four hundred fifty-eight-a of this [chapter] TITLE.  Notwithstanding the
foregoing, the owner of real property receiving an exemption pursuant to
subdivision one or former subdivision five  of  this  section  prior  to
March  second,  nineteen  hundred eighty-six may continue to receive the
exemption on the property to which it is applicable.
  S 5. Subdivision 9 of section 458 of the real  property  tax  law,  as
amended  by  chapter  503  of  the  laws  of 2008, is amended to read as
follows:
  9. Notwithstanding the provisions of subdivision one of this  section,
the  governing body of any municipality may, after public hearing, adopt
a local law, ordinance or resolution  providing  where  a  veteran,  the
spouse  of the veteran or unremarried surviving spouse already receiving
an exemption pursuant to this section sells the property  receiving  the
exemption  and  purchases  property  within  the  same  city, town [or],
village OR SCHOOL DISTRICT, the assessor shall transfer and prorate, for
the remainder of the fiscal year, the exemption which the  veteran,  the
spouse  of  the  veteran  or  unremarried surviving spouse received. The
prorated exemption shall be based upon the date the veteran, the  spouse
of  the veteran or unremarried surviving spouse obtains title to the new
property and shall be calculated by multiplying the tax  rate  or  rates

A. 5347                             3

for  each  municipal  corporation which levied taxes, or for which taxes
were levied, on the appropriate tax roll used for  the  fiscal  year  or
years  during  which  the transfer occurred times the previously granted
exempt  amount times the fraction of each fiscal year or years remaining
subsequent to the transfer of title. Nothing in this  section  shall  be
construed to remove the requirement that any such veteran, the spouse of
the  veteran  or  unremarried surviving spouse transferring an exemption
pursuant to this subdivision shall reapply for the exemption  authorized
pursuant to this section on or before the following taxable status date,
in  the  event  such  veteran,  the spouse of the veteran or unremarried
surviving spouse wishes to receive the exemption in future fiscal years.
  S 6. This act shall take effect immediately.

A5347A - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §458, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A9043

A5347A - Bill Texts

view summary

Relates to real property tax exemptions for veterans.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5347--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Veterans'  Affairs  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to veterans

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

  Section  1.  Paragraph  3  of subdivision 1 of section 458 of the real
property tax law, as amended by chapter 733 of  the  laws  of  1959,  is
amended to read as follows:
  (3)  If  the assessors are satisfied that the applicant is entitled to
any exemption, they shall make appropriate entries upon the  assessment-
roll  opposite  the  description of such property and subtract the total
amount of such exemption from the total amount assessed pursuant to  the
provisions  of  paragraph one of this subdivision. Such entries shall be
made and continued in each assessment of the property so long as  it  is
exempt  from taxation for any purpose. Such real property, to the extent
of the exemption entered by the assessors, shall be exempt  from  state,
county  and  general municipal taxation[, but shall be taxable for local
school purposes]. THE GOVERNING BODY OF A SCHOOL DISTRICT IN WHICH  SUCH
PROPERTY IS LOCATED MAY, AFTER PUBLIC HEARINGS, ADOPT A LOCAL LAW, ORDI-
NANCE  OR  RESOLUTION  PROVIDING  FOR  AN  EXEMPTION  FOR  LOCAL  SCHOOL
PURPOSES.  The  provisions  herein,  relating  to  the  assessment   and
exemption  of  property purchased with eligible funds apply and shall be
enforced in each municipal corporation authorized to levy taxes.
  S 2. Paragraph (a) of subdivision 5 of section 458 of the real proper-
ty tax law, as amended by chapter 625  of  the  laws  of  1995,  and  as
further  amended by subdivision (b) of section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
  (a)  Notwithstanding  the  limitation  on  the  amount  of   exemption
prescribed in subdivision one or two of this section, upon adoption of a
local  law  by the governing board of a county, city, town [or], village

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03419-02-5

A. 5347--A                          2

OR SCHOOL DISTRICT that levies taxes or for which taxes are levied on an
assessment roll, if the total assessed value of the  real  property  for
which  such  exemption  has  been  granted increases or decreases as the
result  of a revaluation or update of assessments, and a material change
in level of assessment, as provided in title two of  article  twelve  of
this chapter, is certified for the assessment roll pursuant to the rules
of  the commissioner, the assessor shall increase or decrease the amount
of such exemption by multiplying the amount of  such  exemption  by  the
change  in  level  of  assessment  factor.  If the assessor receives the
certification after the completion, verification and filing of the final
assessment roll, the assessor shall certify the amount of  exemption  as
recomputed  pursuant  to  this  paragraph  to  the local officers having
custody and control of the roll, and  such  local  officers  are  hereby
directed  and  authorized to enter the recomputed exemption certified by
the assessor on the roll.
  S 3. Subparagraph (ii) of paragraph (d) of subdivision  5  of  section
458 of the real property tax law, as added by chapter 178 of the laws of
1997, is amended to read as follows:
  (ii)  An  assessing  unit  which  finally  files  a change in level of
assessment roll in or after the calendar year nineteen  hundred  ninety-
eight may, pursuant to local law, ORDINANCE OR RESOLUTION adopted by the
governing board of a county, city, town [or], village OR SCHOOL DISTRICT
that  levies  taxes or for which taxes are levied on an assessment roll,
grant to every veteran who is entitled to any additional eligible  funds
a  recompute  exemption in lieu of the exemption otherwise authorized by
this subdivision. Such recompute exemption may be granted on any  change
in  level  of  assessment  roll filed in or after calendar year nineteen
hundred ninety-eight. A local law adopted  pursuant  to  this  paragraph
[(d)] shall not be subject to referendum.
  S 4. Subparagraph (i) of paragraph (a) of subdivision 6 of section 458
of  the  real property tax law, as amended by chapter 625 of the laws of
1995, is amended to read as follows:
  (i) Except as otherwise provided in subparagraph (ii)  of  this  para-
graph,  no  new  exemption may be granted pursuant to subdivision one or
former subdivision five of this section on an assessment roll based upon
a taxable status date occurring  on  or  after  March  second,  nineteen
hundred  eighty-six, except for purposes of taxes levied by or on behalf
of a county, city, town or village that has enacted and has in effect  a
local  law  as  provided in PARAGRAPH (A) OF subdivision four of section
four hundred fifty-eight-a of this [chapter] TITLE.  Notwithstanding the
foregoing, the owner of real property receiving an exemption pursuant to
subdivision one or former subdivision five  of  this  section  prior  to
March  second,  nineteen  hundred eighty-six may continue to receive the
exemption on the property to which it is applicable.
  S 5. Subdivision 9 of section 458 of the real  property  tax  law,  as
amended  by  chapter  503  of  the  laws  of 2008, is amended to read as
follows:
  9. Notwithstanding the provisions of subdivision one of this  section,
the  governing body of any municipality may, after public hearing, adopt
a local law, ordinance or resolution  providing  where  a  veteran,  the
spouse  of the veteran or unremarried surviving spouse already receiving
an exemption pursuant to this section sells the property  receiving  the
exemption  and  purchases  property  within  the  same  city, town [or],
village OR SCHOOL DISTRICT, the assessor shall transfer and prorate, for
the remainder of the fiscal year, the exemption which the  veteran,  the
spouse  of  the  veteran  or  unremarried surviving spouse received. The

A. 5347--A                          3

prorated exemption shall be based upon the date the veteran, the  spouse
of  the veteran or unremarried surviving spouse obtains title to the new
property and shall be calculated by multiplying the tax  rate  or  rates
for  each  municipal  corporation which levied taxes, or for which taxes
were levied, on the appropriate tax roll used for  the  fiscal  year  or
years  during  which  the transfer occurred times the previously granted
exempt amount times the fraction of each fiscal year or years  remaining
subsequent  to  the  transfer of title. Nothing in this section shall be
construed to remove the requirement that any such veteran, the spouse of
the veteran or unremarried surviving spouse  transferring  an  exemption
pursuant  to this subdivision shall reapply for the exemption authorized
pursuant to this section on or before the following taxable status date,
in the event such veteran, the spouse  of  the  veteran  or  unremarried
surviving spouse wishes to receive the exemption in future fiscal years.
  S 6. This act shall take effect immediately.

A5347B - Bill Details

Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §458, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A9043

A5347B - Bill Texts

view summary

Relates to real property tax exemptions for veterans.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5347--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Veterans'  Affairs  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Veterans' Affairs in accordance with Assembly Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to veterans

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

  Section  1.  Paragraph  3  of subdivision 1 of section 458 of the real
property tax law, as amended by chapter 733 of  the  laws  of  1959,  is
amended to read as follows:
  (3)  If  the assessors are satisfied that the applicant is entitled to
any exemption, they shall make appropriate entries upon the  assessment-
roll  opposite  the  description of such property and subtract the total
amount of such exemption from the total amount assessed pursuant to  the
provisions  of  paragraph one of this subdivision. Such entries shall be
made and continued in each assessment of the property so long as  it  is
exempt  from taxation for any purpose. Such real property, to the extent
of the exemption entered by the assessors, shall be exempt  from  state,
county  and  general municipal taxation[, but shall be taxable for local
school purposes]. THE GOVERNING BODY OF A SCHOOL DISTRICT IN WHICH  SUCH
PROPERTY  IS  LOCATED OR, IN THE CASE OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE LOCAL LEGISLATIVE BODY, MAY, AFTER PUBLIC HEARINGS,
ADOPT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING  FOR  AN  EXEMPTION
FOR  LOCAL  SCHOOL  PURPOSES.  The  provisions  herein,  relating to the
assessment and exemption of property purchased with eligible funds apply
and shall be enforced in each municipal corporation authorized  to  levy
taxes.
  S 2. Paragraph (a) of subdivision 5 of section 458 of the real proper-
ty  tax  law,  as  amended  by  chapter  625 of the laws of 1995, and as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03419-07-6

A. 5347--B                          2

further amended by subdivision (b) of section 1 of part W of chapter  56
of the laws of 2010, is amended to read as follows:
  (a)   Notwithstanding  the  limitation  on  the  amount  of  exemption
prescribed in subdivision one or two of this section, upon adoption of a
local law by the governing board of a county, city, town [or],  village,
SCHOOL  DISTRICT  OR,  IN  THE  CASE  OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE LOCAL LEGISLATIVE BODY, that levies  taxes  or  for
which  taxes  are  levied  on  an assessment roll, if the total assessed
value of the real property for which such  exemption  has  been  granted
increases  or  decreases  as  the  result  of a revaluation or update of
assessments, and a material change in level of assessment,  as  provided
in  title  two  of  article twelve of this chapter, is certified for the
assessment roll pursuant to the rules of the commissioner, the  assessor
shall  increase  or decrease the amount of such exemption by multiplying
the amount of such exemption  by  the  change  in  level  of  assessment
factor. If the assessor receives the certification after the completion,
verification and filing of the final assessment roll, the assessor shall
certify the amount of exemption as recomputed pursuant to this paragraph
to  the  local officers having custody and control of the roll, and such
local officers are hereby directed and authorized to  enter  the  recom-
puted exemption certified by the assessor on the roll.
  S  3.  Subparagraph  (ii) of paragraph (d) of subdivision 5 of section
458 of the real property tax law, as added by chapter 178 of the laws of
1997, is amended to read as follows:
  (ii) An assessing unit which  finally  files  a  change  in  level  of
assessment  roll  in or after the calendar year nineteen hundred ninety-
eight may, pursuant to local law, ORDINANCE OR RESOLUTION adopted by the
governing board of a county, city, town [or], village,  SCHOOL  DISTRICT
OR,  IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE
LOCAL LEGISLATIVE BODY, that levies taxes or for which taxes are  levied
on  an  assessment  roll,  grant to every veteran who is entitled to any
additional eligible funds a recompute exemption in lieu of the exemption
otherwise authorized by this subdivision. Such recompute  exemption  may
be  granted  on any change in level of assessment roll filed in or after
calendar year nineteen hundred ninety-eight. A local law adopted  pursu-
ant to this paragraph [(d)] shall not be subject to referendum.
  S 4. Subparagraph (i) of paragraph (a) of subdivision 6 of section 458
of  the  real property tax law, as amended by chapter 625 of the laws of
1995, is amended to read as follows:
  (i) Except as otherwise provided in subparagraph (ii)  of  this  para-
graph,  no  new  exemption may be granted pursuant to subdivision one or
former subdivision five of this section on an assessment roll based upon
a taxable status date occurring  on  or  after  March  second,  nineteen
hundred  eighty-six, except for purposes of taxes levied by or on behalf
of a county, city, town or village that has enacted and has in effect  a
local  law  as  provided in PARAGRAPH (A) OF subdivision four of section
four hundred fifty-eight-a of this [chapter] TITLE.  Notwithstanding the
foregoing, the owner of real property receiving an exemption pursuant to
subdivision one or former subdivision five  of  this  section  prior  to
March  second,  nineteen  hundred eighty-six may continue to receive the
exemption on the property to which it is applicable.
  S 5. Subdivision 9 of section 458 of the real  property  tax  law,  as
amended  by  chapter  538  of  the  laws  of 2015, is amended to read as
follows:
  9. Notwithstanding the provisions of subdivision one of this  section,
the  governing body of any municipality may, after public hearing, adopt

A. 5347--B                          3

a local law, ordinance or resolution  providing  where  a  veteran,  the
spouse  of the veteran or unremarried surviving spouse already receiving
an exemption pursuant to this section sells the property  receiving  the
exemption  and  purchases  property  within  the  same  county OR SCHOOL
DISTRICT, or in the case of a city having a population of one million or
more persons, within the same city,  the  assessor  shall  transfer  and
prorate,  for  the remainder of the fiscal year, the exemption which the
veteran, the spouse of  the  veteran  or  unremarried  surviving  spouse
received. The prorated exemption shall be based upon the date the veter-
an,  the  spouse  of the veteran or unremarried surviving spouse obtains
title to the new property and shall be calculated by multiplying the tax
rate or rates for each municipal corporation which levied taxes, or  for
which taxes were levied, on the appropriate tax roll used for the fiscal
year  or  years  during which the transfer occurred times the previously
granted exempt amount times the fraction of each fiscal  year  or  years
remaining  subsequent  to the transfer of title. Nothing in this section
shall be construed to remove the requirement that any such veteran,  the
spouse  of  the  veteran or unremarried surviving spouse transferring an
exemption pursuant to this subdivision shall reapply for  the  exemption
authorized  pursuant  to this section on or before the following taxable
status date, in the event such veteran, the spouse  of  the  veteran  or
unremarried  surviving  spouse wishes to receive the exemption in future
fiscal years.
  S 6. This act shall take effect immediately.

assembly Bill A5347

2015-2016 Legislative Session

Relates to real property tax exemptions for veterans

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 17, 2016 reported referred to ways and means
Mar 30, 2016 print number 5347b
amend and recommit to veterans' affairs
Jan 06, 2016 referred to veterans' affairs
Jun 01, 2015 reported referred to ways and means
May 15, 2015 print number 5347a
amend and recommit to veterans' affairs
Feb 18, 2015 referred to veterans' affairs

Bill Amendments

A5347
A5347A
A5347B
A5347
A5347A
A5347B

A5347 - Bill Details

See Senate Version of this Bill:
S2245
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §458, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A9043, S6780

A5347 - Bill Texts

view summary

Relates to real property tax exemptions for veterans.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5347

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on Veterans' Affairs

AN ACT to amend the real property tax law, in relation to veterans

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

  Section 1. Paragraph 3 of subdivision 1 of section  458  of  the  real
property  tax  law,  as  amended  by chapter 733 of the laws of 1959, is
amended to read as follows:
  (3) If the assessors are satisfied that the applicant is  entitled  to
any  exemption, they shall make appropriate entries upon the assessment-
roll opposite the description of such property and  subtract  the  total
amount  of such exemption from the total amount assessed pursuant to the
provisions of paragraph one of this subdivision. Such entries  shall  be
made  and  continued in each assessment of the property so long as it is
exempt from taxation for any purpose. Such real property, to the  extent
of  the  exemption entered by the assessors, shall be exempt from state,
county [and], general municipal AND SCHOOL DISTRICT taxation[, but shall
be taxable for local school purposes]. The provisions  herein,  relating
to  the  assessment  and  exemption  of property purchased with eligible
funds apply and shall be enforced in each municipal corporation  author-
ized to levy taxes.
  S 2. Paragraph (a) of subdivision 5 of section 458 of the real proper-
ty  tax  law,  as  amended  by  chapter  625 of the laws of 1995, and as
further amended by subdivision (b) of section 1 of part W of chapter  56
of the laws of 2010, is amended to read as follows:
  (a)   Notwithstanding  the  limitation  on  the  amount  of  exemption
prescribed in subdivision one or two of this section, upon adoption of a
local law by the governing board of a county, city, town  [or],  village
OR SCHOOL DISTRICT that levies taxes or for which taxes are levied on an
assessment  roll,  if  the total assessed value of the real property for
which such exemption has been granted  increases  or  decreases  as  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03419-01-5

A. 5347                             2

result  of a revaluation or update of assessments, and a material change
in level of assessment, as provided in title two of  article  twelve  of
this chapter, is certified for the assessment roll pursuant to the rules
of  the commissioner, the assessor shall increase or decrease the amount
of such exemption by multiplying the amount of  such  exemption  by  the
change  in  level  of  assessment  factor.  If the assessor receives the
certification after the completion, verification and filing of the final
assessment roll, the assessor shall certify the amount of  exemption  as
recomputed  pursuant  to  this  paragraph  to  the local officers having
custody and control of the roll, and  such  local  officers  are  hereby
directed  and  authorized to enter the recomputed exemption certified by
the assessor on the roll.
  S 3. Subparagraph (ii) of paragraph (d) of subdivision  5  of  section
458 of the real property tax law, as added by chapter 178 of the laws of
1997, is amended to read as follows:
  (ii)  An  assessing  unit  which  finally  files  a change in level of
assessment roll in or after the calendar year nineteen  hundred  ninety-
eight  may,  pursuant  to  local law adopted by the governing board of a
county, city, town [or], village OR SCHOOL DISTRICT that levies taxes or
for which taxes are levied on an assessment roll, grant to every veteran
who is entitled to any additional eligible funds a  recompute  exemption
in  lieu of the exemption otherwise authorized by this subdivision. Such
recompute exemption may be granted on any change in level of  assessment
roll  filed  in  or after calendar year nineteen hundred ninety-eight. A
local law adopted pursuant to this paragraph [(d)] shall not be  subject
to referendum.
  S 4. Subparagraph (i) of paragraph (a) of subdivision 6 of section 458
of  the  real property tax law, as amended by chapter 625 of the laws of
1995, is amended to read as follows:
  (i) Except as otherwise provided in subparagraph (ii)  of  this  para-
graph,  no  new  exemption may be granted pursuant to subdivision one or
former subdivision five of this section on an assessment roll based upon
a taxable status date occurring  on  or  after  March  second,  nineteen
hundred  eighty-six, except for purposes of taxes levied by or on behalf
of a county, city, town or village that has enacted and has in effect  a
local  law  as  provided in PARAGRAPH (A) OF subdivision four of section
four hundred fifty-eight-a of this [chapter] TITLE.  Notwithstanding the
foregoing, the owner of real property receiving an exemption pursuant to
subdivision one or former subdivision five  of  this  section  prior  to
March  second,  nineteen  hundred eighty-six may continue to receive the
exemption on the property to which it is applicable.
  S 5. Subdivision 9 of section 458 of the real  property  tax  law,  as
amended  by  chapter  503  of  the  laws  of 2008, is amended to read as
follows:
  9. Notwithstanding the provisions of subdivision one of this  section,
the  governing body of any municipality may, after public hearing, adopt
a local law, ordinance or resolution  providing  where  a  veteran,  the
spouse  of the veteran or unremarried surviving spouse already receiving
an exemption pursuant to this section sells the property  receiving  the
exemption  and  purchases  property  within  the  same  city, town [or],
village OR SCHOOL DISTRICT, the assessor shall transfer and prorate, for
the remainder of the fiscal year, the exemption which the  veteran,  the
spouse  of  the  veteran  or  unremarried surviving spouse received. The
prorated exemption shall be based upon the date the veteran, the  spouse
of  the veteran or unremarried surviving spouse obtains title to the new
property and shall be calculated by multiplying the tax  rate  or  rates

A. 5347                             3

for  each  municipal  corporation which levied taxes, or for which taxes
were levied, on the appropriate tax roll used for  the  fiscal  year  or
years  during  which  the transfer occurred times the previously granted
exempt  amount times the fraction of each fiscal year or years remaining
subsequent to the transfer of title. Nothing in this  section  shall  be
construed to remove the requirement that any such veteran, the spouse of
the  veteran  or  unremarried surviving spouse transferring an exemption
pursuant to this subdivision shall reapply for the exemption  authorized
pursuant to this section on or before the following taxable status date,
in  the  event  such  veteran,  the spouse of the veteran or unremarried
surviving spouse wishes to receive the exemption in future fiscal years.
  S 6. This act shall take effect immediately.

A5347A - Bill Details

See Senate Version of this Bill:
S2245
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §458, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A9043, S6780

A5347A - Bill Texts

view summary

Relates to real property tax exemptions for veterans.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5347--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Veterans'  Affairs  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to veterans

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

  Section  1.  Paragraph  3  of subdivision 1 of section 458 of the real
property tax law, as amended by chapter 733 of  the  laws  of  1959,  is
amended to read as follows:
  (3)  If  the assessors are satisfied that the applicant is entitled to
any exemption, they shall make appropriate entries upon the  assessment-
roll  opposite  the  description of such property and subtract the total
amount of such exemption from the total amount assessed pursuant to  the
provisions  of  paragraph one of this subdivision. Such entries shall be
made and continued in each assessment of the property so long as  it  is
exempt  from taxation for any purpose. Such real property, to the extent
of the exemption entered by the assessors, shall be exempt  from  state,
county  and  general municipal taxation[, but shall be taxable for local
school purposes]. THE GOVERNING BODY OF A SCHOOL DISTRICT IN WHICH  SUCH
PROPERTY IS LOCATED MAY, AFTER PUBLIC HEARINGS, ADOPT A LOCAL LAW, ORDI-
NANCE  OR  RESOLUTION  PROVIDING  FOR  AN  EXEMPTION  FOR  LOCAL  SCHOOL
PURPOSES.  The  provisions  herein,  relating  to  the  assessment   and
exemption  of  property purchased with eligible funds apply and shall be
enforced in each municipal corporation authorized to levy taxes.
  S 2. Paragraph (a) of subdivision 5 of section 458 of the real proper-
ty tax law, as amended by chapter 625  of  the  laws  of  1995,  and  as
further  amended by subdivision (b) of section 1 of part W of chapter 56
of the laws of 2010, is amended to read as follows:
  (a)  Notwithstanding  the  limitation  on  the  amount  of   exemption
prescribed in subdivision one or two of this section, upon adoption of a
local  law  by the governing board of a county, city, town [or], village

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03419-02-5

A. 5347--A                          2

OR SCHOOL DISTRICT that levies taxes or for which taxes are levied on an
assessment roll, if the total assessed value of the  real  property  for
which  such  exemption  has  been  granted increases or decreases as the
result  of a revaluation or update of assessments, and a material change
in level of assessment, as provided in title two of  article  twelve  of
this chapter, is certified for the assessment roll pursuant to the rules
of  the commissioner, the assessor shall increase or decrease the amount
of such exemption by multiplying the amount of  such  exemption  by  the
change  in  level  of  assessment  factor.  If the assessor receives the
certification after the completion, verification and filing of the final
assessment roll, the assessor shall certify the amount of  exemption  as
recomputed  pursuant  to  this  paragraph  to  the local officers having
custody and control of the roll, and  such  local  officers  are  hereby
directed  and  authorized to enter the recomputed exemption certified by
the assessor on the roll.
  S 3. Subparagraph (ii) of paragraph (d) of subdivision  5  of  section
458 of the real property tax law, as added by chapter 178 of the laws of
1997, is amended to read as follows:
  (ii)  An  assessing  unit  which  finally  files  a change in level of
assessment roll in or after the calendar year nineteen  hundred  ninety-
eight may, pursuant to local law, ORDINANCE OR RESOLUTION adopted by the
governing board of a county, city, town [or], village OR SCHOOL DISTRICT
that  levies  taxes or for which taxes are levied on an assessment roll,
grant to every veteran who is entitled to any additional eligible  funds
a  recompute  exemption in lieu of the exemption otherwise authorized by
this subdivision. Such recompute exemption may be granted on any  change
in  level  of  assessment  roll filed in or after calendar year nineteen
hundred ninety-eight. A local law adopted  pursuant  to  this  paragraph
[(d)] shall not be subject to referendum.
  S 4. Subparagraph (i) of paragraph (a) of subdivision 6 of section 458
of  the  real property tax law, as amended by chapter 625 of the laws of
1995, is amended to read as follows:
  (i) Except as otherwise provided in subparagraph (ii)  of  this  para-
graph,  no  new  exemption may be granted pursuant to subdivision one or
former subdivision five of this section on an assessment roll based upon
a taxable status date occurring  on  or  after  March  second,  nineteen
hundred  eighty-six, except for purposes of taxes levied by or on behalf
of a county, city, town or village that has enacted and has in effect  a
local  law  as  provided in PARAGRAPH (A) OF subdivision four of section
four hundred fifty-eight-a of this [chapter] TITLE.  Notwithstanding the
foregoing, the owner of real property receiving an exemption pursuant to
subdivision one or former subdivision five  of  this  section  prior  to
March  second,  nineteen  hundred eighty-six may continue to receive the
exemption on the property to which it is applicable.
  S 5. Subdivision 9 of section 458 of the real  property  tax  law,  as
amended  by  chapter  503  of  the  laws  of 2008, is amended to read as
follows:
  9. Notwithstanding the provisions of subdivision one of this  section,
the  governing body of any municipality may, after public hearing, adopt
a local law, ordinance or resolution  providing  where  a  veteran,  the
spouse  of the veteran or unremarried surviving spouse already receiving
an exemption pursuant to this section sells the property  receiving  the
exemption  and  purchases  property  within  the  same  city, town [or],
village OR SCHOOL DISTRICT, the assessor shall transfer and prorate, for
the remainder of the fiscal year, the exemption which the  veteran,  the
spouse  of  the  veteran  or  unremarried surviving spouse received. The

A. 5347--A                          3

prorated exemption shall be based upon the date the veteran, the  spouse
of  the veteran or unremarried surviving spouse obtains title to the new
property and shall be calculated by multiplying the tax  rate  or  rates
for  each  municipal  corporation which levied taxes, or for which taxes
were levied, on the appropriate tax roll used for  the  fiscal  year  or
years  during  which  the transfer occurred times the previously granted
exempt amount times the fraction of each fiscal year or years  remaining
subsequent  to  the  transfer of title. Nothing in this section shall be
construed to remove the requirement that any such veteran, the spouse of
the veteran or unremarried surviving spouse  transferring  an  exemption
pursuant  to this subdivision shall reapply for the exemption authorized
pursuant to this section on or before the following taxable status date,
in the event such veteran, the spouse  of  the  veteran  or  unremarried
surviving spouse wishes to receive the exemption in future fiscal years.
  S 6. This act shall take effect immediately.

A5347B - Bill Details

See Senate Version of this Bill:
S2245
Current Committee:
Law Section:
Real Property Tax Law
Laws Affected:
Amd §458, RPT L
Versions Introduced in 2013-2014 Legislative Session:
A9043, S6780

A5347B - Bill Texts

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Relates to real property tax exemptions for veterans.

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

                                 5347--B

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2015
                               ___________

Introduced by M. of A. CUSICK -- read once and referred to the Committee
  on  Veterans'  Affairs  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee --  recommitted
  to the Committee on Veterans' Affairs in accordance with Assembly Rule
  3,  sec. 2 -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the real property tax law, in relation to veterans

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

  Section  1.  Paragraph  3  of subdivision 1 of section 458 of the real
property tax law, as amended by chapter 733 of  the  laws  of  1959,  is
amended to read as follows:
  (3)  If  the assessors are satisfied that the applicant is entitled to
any exemption, they shall make appropriate entries upon the  assessment-
roll  opposite  the  description of such property and subtract the total
amount of such exemption from the total amount assessed pursuant to  the
provisions  of  paragraph one of this subdivision. Such entries shall be
made and continued in each assessment of the property so long as  it  is
exempt  from taxation for any purpose. Such real property, to the extent
of the exemption entered by the assessors, shall be exempt  from  state,
county  and  general municipal taxation[, but shall be taxable for local
school purposes]. THE GOVERNING BODY OF A SCHOOL DISTRICT IN WHICH  SUCH
PROPERTY  IS  LOCATED OR, IN THE CASE OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE LOCAL LEGISLATIVE BODY, MAY, AFTER PUBLIC HEARINGS,
ADOPT A LOCAL LAW, ORDINANCE OR RESOLUTION PROVIDING  FOR  AN  EXEMPTION
FOR  LOCAL  SCHOOL  PURPOSES.  The  provisions  herein,  relating to the
assessment and exemption of property purchased with eligible funds apply
and shall be enforced in each municipal corporation authorized  to  levy
taxes.
  S 2. Paragraph (a) of subdivision 5 of section 458 of the real proper-
ty  tax  law,  as  amended  by  chapter  625 of the laws of 1995, and as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03419-07-6

A. 5347--B                          2

further amended by subdivision (b) of section 1 of part W of chapter  56
of the laws of 2010, is amended to read as follows:
  (a)   Notwithstanding  the  limitation  on  the  amount  of  exemption
prescribed in subdivision one or two of this section, upon adoption of a
local law by the governing board of a county, city, town [or],  village,
SCHOOL  DISTRICT  OR,  IN  THE  CASE  OF A CITY WITH A POPULATION OF ONE
MILLION OR MORE, THE LOCAL LEGISLATIVE BODY, that levies  taxes  or  for
which  taxes  are  levied  on  an assessment roll, if the total assessed
value of the real property for which such  exemption  has  been  granted
increases  or  decreases  as  the  result  of a revaluation or update of
assessments, and a material change in level of assessment,  as  provided
in  title  two  of  article twelve of this chapter, is certified for the
assessment roll pursuant to the rules of the commissioner, the  assessor
shall  increase  or decrease the amount of such exemption by multiplying
the amount of such exemption  by  the  change  in  level  of  assessment
factor. If the assessor receives the certification after the completion,
verification and filing of the final assessment roll, the assessor shall
certify the amount of exemption as recomputed pursuant to this paragraph
to  the  local officers having custody and control of the roll, and such
local officers are hereby directed and authorized to  enter  the  recom-
puted exemption certified by the assessor on the roll.
  S  3.  Subparagraph  (ii) of paragraph (d) of subdivision 5 of section
458 of the real property tax law, as added by chapter 178 of the laws of
1997, is amended to read as follows:
  (ii) An assessing unit which  finally  files  a  change  in  level  of
assessment  roll  in or after the calendar year nineteen hundred ninety-
eight may, pursuant to local law, ORDINANCE OR RESOLUTION adopted by the
governing board of a county, city, town [or], village,  SCHOOL  DISTRICT
OR,  IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE
LOCAL LEGISLATIVE BODY, that levies taxes or for which taxes are  levied
on  an  assessment  roll,  grant to every veteran who is entitled to any
additional eligible funds a recompute exemption in lieu of the exemption
otherwise authorized by this subdivision. Such recompute  exemption  may
be  granted  on any change in level of assessment roll filed in or after
calendar year nineteen hundred ninety-eight. A local law adopted  pursu-
ant to this paragraph [(d)] shall not be subject to referendum.
  S 4. Subparagraph (i) of paragraph (a) of subdivision 6 of section 458
of  the  real property tax law, as amended by chapter 625 of the laws of
1995, is amended to read as follows:
  (i) Except as otherwise provided in subparagraph (ii)  of  this  para-
graph,  no  new  exemption may be granted pursuant to subdivision one or
former subdivision five of this section on an assessment roll based upon
a taxable status date occurring  on  or  after  March  second,  nineteen
hundred  eighty-six, except for purposes of taxes levied by or on behalf
of a county, city, town or village that has enacted and has in effect  a
local  law  as  provided in PARAGRAPH (A) OF subdivision four of section
four hundred fifty-eight-a of this [chapter] TITLE.  Notwithstanding the
foregoing, the owner of real property receiving an exemption pursuant to
subdivision one or former subdivision five  of  this  section  prior  to
March  second,  nineteen  hundred eighty-six may continue to receive the
exemption on the property to which it is applicable.
  S 5. Subdivision 9 of section 458 of the real  property  tax  law,  as
amended  by  chapter  538  of  the  laws  of 2015, is amended to read as
follows:
  9. Notwithstanding the provisions of subdivision one of this  section,
the  governing body of any municipality may, after public hearing, adopt

A. 5347--B                          3

a local law, ordinance or resolution  providing  where  a  veteran,  the
spouse  of the veteran or unremarried surviving spouse already receiving
an exemption pursuant to this section sells the property  receiving  the
exemption  and  purchases  property  within  the  same  county OR SCHOOL
DISTRICT, or in the case of a city having a population of one million or
more persons, within the same city,  the  assessor  shall  transfer  and
prorate,  for  the remainder of the fiscal year, the exemption which the
veteran, the spouse of  the  veteran  or  unremarried  surviving  spouse
received. The prorated exemption shall be based upon the date the veter-
an,  the  spouse  of the veteran or unremarried surviving spouse obtains
title to the new property and shall be calculated by multiplying the tax
rate or rates for each municipal corporation which levied taxes, or  for
which taxes were levied, on the appropriate tax roll used for the fiscal
year  or  years  during which the transfer occurred times the previously
granted exempt amount times the fraction of each fiscal  year  or  years
remaining  subsequent  to the transfer of title. Nothing in this section
shall be construed to remove the requirement that any such veteran,  the
spouse  of  the  veteran or unremarried surviving spouse transferring an
exemption pursuant to this subdivision shall reapply for  the  exemption
authorized  pursuant  to this section on or before the following taxable
status date, in the event such veteran, the spouse  of  the  veteran  or
unremarried  surviving  spouse wishes to receive the exemption in future
fiscal years.
  S 6. This act shall take effect immediately.

K593

Honoring Superintendent Paul Casciano upon the occasion of his retirement after 41 years of distinguished service to the William Flo...

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K593


LEGISLATIVE RESOLUTION honoring Superintendent Paul Casciano upon the
occasion of his retirement after 41 years of distinguished service to
the William Floyd School District

WHEREAS, New York State's commitment to education is unparalleled; its
history and stature are secured by the superlative caliber of its educa-
tional professionals and the students they inspire; and
WHEREAS, It is the custom of this Legislative Body to acknowledge the
significant milestones in the distinguished careers of those outstanding
educational leaders, whose dedication and achievements have been instru-
mental in developing character and academic excellence in the young
people of New York State; and
WHEREAS, Attendant to such concern, and in full accord with its long-
standing traditions, this Legislative Body is justly proud to honor
Superintendent Paul Casciano upon the occasion of his retirement after
41 years of distinguished service to the William Floyd School District
to be celebrated on Friday, June 19, 2015, at East Wind Caterers in
Wading River, New York; and
WHEREAS, For over four decades, Dr. Paul Casciano rendered faithful,
conscientious and valuable service to the William Floyd School District;
and
WHEREAS, A graduate of William Floyd High School, Paul Casciano earned
his Bachelor's degree in Elementary Education from Central Connecticut
University; he completed his master's degree at Southampton College, and
he attained his doctorate from New York University; and
WHEREAS, Dr. Paul Casciano began his illustrious career with the
William Floyd School District in 1974, serving as an elementary school
teacher for eight years before becoming an administrator; and
WHEREAS, This esteemed man served as Principal of Moriches Elementary
School for 11 years; during his tenure, the school received three New
York State Awards for Excellence and two National Blue Ribbon School of
Excellence Awards from the United States Department of Education; it was
also selected by REDBOOK as one of America's Best Schools; and
WHEREAS, As Assistant and Deputy Superintendent, Dr. Paul Casciano
assumed a lead role in many vital initiatives including the establish-
ment of a Universal Pre-Kindergarten, and a full-day Kindergarten, as
well as teacher-mentor programs; and
WHEREAS, As Superintendent of the William Floyd School District, Dr.
Paul Casciano has strived to provide a quality education for students,
while raising expectations for their performance; and
WHEREAS, During his tenure, Superintendent Paul Casciano played an
integral role in such district-wide achievements as a significant
increase in the graduation rate, sound fiscal management, the develop-
ment of an all-Regents middle school, and the implementation of greater
transparency and community input in district operations; and
WHEREAS, Superintendent Paul Casciano has also worked to create great-
er opportunities for high school students with the Career and Technical
Education programs, and has partnered on numerous initiatives to recon-
nect the alumni of William Floyd; and
WHEREAS, In recognition of his outstanding service, Superintendent
Paul Casciano was named New York State's National Distinguished Princi-
pal and Phi Delta Kappa's Educator of the Year; he also received the
Principal of Leadership Award from the National Safety Center; and
WHEREAS, With him throughout have been his wife, Gail, and their four
children, all of whom feel privileged to be a part of his life and
rejoice in his achievements; and

WHEREAS, Rare indeed is the impressive dedication shown by an individ-
ual for the benefit of others which Superintendent Paul Casciano has
displayed throughout his life; and
WHEREAS, It is the sense of this Legislative Body to commend the
efforts of those individuals who work to support our proud tradition of
public education by providing their skills and talents to our schools;
now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
honor Superintendent Paul Casciano upon the occasion of his retirement
after 41 years of distinguished service to the William Floyd School
District; and be it further
RESOLVED, That a copy of this Resolution, suitably engrossed, be tran-
smitted to Dr. Paul Casciano.

actions

  • 01 / Jun / 2015
    • ADOPTED

Resolution Details

Law Section:
Resolutions, Legislative

K586

Honoring the Lexington School for the Deaf on its 19th Annual Esther Lustig Memorial Basketball Classic

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K586


LEGISLATIVE RESOLUTION honoring the Lexington School for the Deaf upon
the occasion of hosting the 19th Annual Esther Lustig Memorial Basket-
ball Classic vs. Assembly/Senate All-Stars on Tuesday, June 2, 2015

WHEREAS, It is the sense of this Legislative Body to recognize and
commend those institutions of true purpose and high achievement whose
exemplary programs and accomplishments clearly demonstrate an enduring
pursuit of excellence in the education of deaf youth in the Empire
State; and
WHEREAS, Attendant to such concern, and in full accord with its long-
standing traditions, this Legislative Body is justly proud to honor the
Lexington School for the Deaf upon the occasion of hosting the 19th
Annual Esther Lustig Memorial Basketball Classic to be held at the Alba-
ny High School Gymnasium on Tuesday, June 2, 2015; and
WHEREAS, This annual contest will feature the Lexington School for the
Deaf versus the Assembly and Senate All-Stars; this special event is
named the Esther Lustig Memorial Basketball Classic in loving memory of
dear friend and colleague Esther Lustig; and
WHEREAS, The Lexington School for the Deaf was founded in 1864 when
the first class of six children and an instructor convened at the home
of Isaac and Hannah Rosenfeld; and
WHEREAS, Due to constantly increasing enrollment, the school moved
several times until it settled in 1882, at 904 Lexington Avenue with 161
students; in 1934, it officially became the Lexington School for the
Deaf; and
WHEREAS, The Lexington School for the Deaf continued to grow and in
1968, its new home was inaugurated on a seven-acre site at 30th Avenue
and 75th Street in Jackson Heights, Queens; and
WHEREAS, Today, the Lexington School for the Deaf, with a student body
over 350, is the largest school for the deaf in New York State, and its
student body resides throughout the five boroughs of New York City; and
WHEREAS, A charter member of the 4201 Association, New York State-sup-
ported private schools for disabled children, the Lexington School for
the Deaf houses the only high school in New York City under the auspices
of the 4201 charter; and
WHEREAS, The Lexington School for the Deaf has been recognized at the
local, national and international levels for its pioneering programs,
including the first nursery program for deaf children on the east coast
in 1937, a Research Department to promote the investigation of educa-
tional, developmental and vocational issues affecting deaf children and
adults in 1960, and a Special Education Unit for deaf children of all
ages with serious emotional problems in 1979; and
WHEREAS, In the 1980s, the Lexington School for the Deaf became known
as the Lexington School for the Deaf/Center for the Deaf after estab-
lishing several affiliate agencies to support the needs of deaf and hard
of hearing children and adults, including the Lexington Center for
Mental Health Services, the Lexington Hearing and Speech Center and the
Lexington Vocational Services, a New York State Education Department-Vo-
cational Services for Individuals with Disabilities-funded program; and
WHEREAS, The Lexington School for the Deaf developed a new approach to
teaching in the mid-1990s; it became the first Mediated Learning educa-
tional model in a school for the deaf, which earned it the federal
designation of a Most Effective Practices school; and
WHEREAS, In addition to its strong academic program, the Lexington
School for the Deaf offers a broad range of physical and cultural educa-
tion programs, including a highly regarded basketball team; and

WHEREAS, In 1995, Joseph Crowley, a former member of the New York
State Assembly representing the Lexington School for the Deaf, estab-
lished the Lexington School versus the New York State Legislature
Basketball Game; and
WHEREAS, For more than 12 years, New York State Assemblyman Jeffrion
Aubry, Speaker Pro Tempore, has enthusiastically supported the Annual
Lexington School for the Deaf versus the New York State Assembly/Senate
All-Stars, and for the continued partnership with Assemblyman Michael G.
DenDekker, representative of Assembly District 34, the district in which
the Lexington School for the Deaf is located; this event will be played
on Tuesday, June 2, 2015, at the Albany High School Gymnasium; and
WHEREAS, It is the practice of this Legislative Body to extend its
highest commendation to all of the individuals who have been involved
with the Lexington School for the Deaf, past and present, noting the
importance of their work and their enduring commitment to deaf children;
now, therefore, be it
RESOLVED, That this Legislative Body pause in its deliberations to
honor the Lexington School for the Deaf upon the occasion of hosting the
19th Annual Esther Lustig Memorial Basketball Classic; and be it further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to Don Galloway, Superintendent/CEO; Frank Wells, Head Coach;
Chris Disanto, Assistant Athletic Director; Suraj Ghale, Manager; Emilia
Lorenti-Wann, Administrative Assistant.

actions

  • 01 / Jun / 2015
    • ADOPTED

Resolution Details

Law Section:
Resolutions, Legislative

assembly Bill A6451

2015-2016 Legislative Session

Repeals section 19-0323 of the environmental conservation law relating to ultra low sulfur diesel fuel and best available technology by the state

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Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to environmental conservation
Jun 01, 2015 held for consideration in environmental conservation
Mar 25, 2015 referred to environmental conservation

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A6451 - Bill Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Rpld §19-0323, En Con L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A5363
2011-2012: A5126

A6451 - Bill Texts

view summary

Repeals provisions relating to ultra low sulfur diesel fuel and best available technology by the state.

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

                                  6451

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced  by M. of A. OAKS, CORWIN, MONTESANO, BUTLER, FINCH, McLAUGH-
  LIN, GIGLIO, TENNEY, HAWLEY, LAWRENCE -- Multi-Sponsored by --  M.  of
  A. BARCLAY, CROUCH -- read once and referred to the Committee on Envi-
  ronmental Conservation

AN  ACT to repeal section 19-0323 of the environmental conservation law,
  in relation to the use of ultra low sulfur diesel fuel and best avail-
  able technology by the state

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

  Section  1.  Section  19-0323 of the environmental conservation law is
REPEALED.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05881-01-5

assembly Bill A5493

2015-2016 Legislative Session

Provides that the open season for hunting coyotes shall be all year long

download bill text pdf

Sponsored By

Current Bill Status - In Committee


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

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to environmental conservation
Jun 01, 2015 held for consideration in environmental conservation
Feb 24, 2015 referred to environmental conservation

Co-Sponsors

view all co-sponsors

Multi-Sponsors

A5493 - Bill Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §11-0905, En Con L
Versions Introduced in Previous Legislative Sessions:
2013-2014: A6321
2011-2012: A9632

A5493 - Bill Texts

view summary

Provides that the open season for hunting coyotes shall be all year long.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5493

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2015
                               ___________

Introduced  by  M.  of A. NOJAY, BORELLI, WALTER, CROUCH, TENNEY -- read
  once and referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the open season for hunting coyote

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

  Section 1. Paragraph o of subdivision 2  of  section  11-0905  of  the
environmental conservation law, as amended by chapter 911 of the laws of
1990, is amended to read as follows:
  o. Coyote       [Fixed annually                [Fixed annually
                   by regulation]                 by regulation]
                  AFTER DECEMBER                  AFTER DECEMBER
                  31, 2015, THE OPEN              31, 2015, THE OPEN
                  SEASON FOR THESE                SEASON FOR THESE
                  SPECIES SHALL BE ALL            SPECIES SHALL BE ALL
                  YEAR.                           YEAR.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07807-01-5

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