STATE OF NEW YORK ________________________________________________________________________ S. 6012 A. 8323 2015-2016 Regular Sessions SENATE - ASSEMBLY June 25, 2015 ___________ IN SENATE -- Introduced by Sen. FLANAGAN -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by M. of A. HEASTIE -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means AN ACT to amend chapter 576 of the laws of 1974 amending the emergency housing rent control law relating to the control of and stabilization of rent in certain cases, the emergency housing rent control law, chapter 329 of the laws of 1963 amending the emergency housing rent control law relating to recontrol of rents in Albany, chapter 555 of the laws of 1982 amending the general business law and the administrative code of the city of New York relating to conversion of residential property to cooperative or condominium ownership in the city of New York, chapter 402 of the laws of 1983 amending the general business law relating to conversion of rental residential property to cooperative or condominium ownership in certain municipalities in the counties of Nassau, Westchester and Rockland and the rent regulation reform act of 1997, and to amend chapter 4 of the laws of 2013 amending the real property tax law and other laws relating to interim multiple dwellings in a city with a population of one million or more, in relation to extending the effectiveness thereof; to amend the emergency tenant protection act of nineteen seventy-four, the emergency housing rent control law, and the administrative code of the city of New York, in relation to deregulation thresholds; to amend the administrative code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to limiting rent increase after vacancy of a housing accommodation; to amend the administrative code of the city of New York, the emergency tenant protection act of nineteen seventy-four and the emergency housing rent control law, in relation to adjustment of maximum allowable rent; to amend chapter 97 of the laws of 2011, amending the general municipal law and the education law, relating to establishing limits upon school district and local government tax levies, in relation to extending EXPLANATION--Matter in _______ italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12037-01-5 AB S. 6012 2 A. 8323 such provisions; and to amend the real property tax law, in relation to extending certain provisions relating to exemption from taxation of alterations and improvements to multiple dwellings; to amend the tax law and part C of chapter 2 of the laws of 2005 amending the tax law relating to exemptions from sales and use taxes, in relation to extending certain provisions thereof; to amend the general city law and the administrative code of the city of New York, in relation to extending certain provisions relating to relocation and employment assistance credits; to amend the general city law and the administrative code of the city of New York, in relation to extending certain provisions relating to specially eligible premises and special rebates; to amend the administrative code of the city of New York, in relation to extending certain provisions relating to exemptions and deductions from base rent; to amend the real property tax law, in relation to extending certain provisions relating to eligibility periods and requirements; to amend the real property tax law, in relation to extending certain provisions relating to eligibility periods and requirements, benefit periods and applications for abatements; to amend the administrative code of the city of New York, in relation to extending certain provisions relating to a special reduction in determining the taxable base rent; to amend the real property tax law and the administrative code of the city of New York, in relation to extending certain provisions relating to applications for abatement of tax payments; to amend the real property tax law, in relation to extending certain provision relating to partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a population of one million or more; to amend the real property tax law, in relation to extending certain provisions relating to exemptions of certain new or substantially rehabilitated multiple dwellings from local taxation; to amend the public housing law, in relation to the division of housing and community renewal being authorized to establish a tenant protection unit; and to amend the multiple dwelling law, in relation to interim multiple dwellings (Part A); to amend the education law, in relation to charter schools (Subpart A); making an appropriation to the education department for reimbursement to non-public schools (Subpart B); to amend the education law, in relation to the release of standardized test questions and answers, teacher evaluations and establishing a content review committee; and making an appropriation therefor (Subpart C); to amend chapter 91 of the laws of 2002, amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; to amend chapter 345 of the laws of 2009, amending the education law and other laws relating to the New York city board of education, chancellor, community councils and community superintendents, in relation to the effectiveness thereof; and relating to the education budget plan of the mayor of the city of New York (Subpart D); and to amend the domestic relations law, in relation to determining who may solemnize a marriage (Subpart E) (Part B); and Intentionally omitted (Subpart A); to amend the tax law, in relation to establishing a property tax relief credit; to amend part K of chapter 59 of the laws of 2014, amending the tax law relating to providing an enhanced real property tax circuit breaker, in relation to the effectiveness thereof (Subpart B); to amend the education law and the general municipal law, in relation to capital local expenditures and the quantity change factor (Subpart C); to AB S. 6012 3 A. 8323 amend the tax law, in relation to extending the authority of the county of Nassau to impose additional sales and compensating use taxes, and extending local government assistance programs in Nassau county (Subpart D); to amend the tax law and the vehicle and traffic law, in relation to special motor vehicle use taxes imposed by the county of Suffolk (Subpart E); to authorize assistance to the city of Yonkers to support public schools in the city (Subpart F); making an appropriation for money for services and expenses of the city of Rochester (Subpart G); and appropriating money for certain municipal corporations and school districts; and providing for the repeal of such provisions upon expiration thereof (Subpart H) (Part C) The People of the State of New York, represented in Senate and Assem______________________________________________________________________ _________________________ bly, do enact as follows: 1 2 3 4 5 6 7 8 9 10 11 Section 1. This act enacts into law major components of legislation relating to real property tax levies, rent regulation and education. Each component is wholly contained within a Part identified as Parts A through C. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the 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. 12 PART A 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 1. Short title. This act shall be known and may be cited as the "rent act of 2015". § 1-a. Section 17 of chapter 576 of the laws of 1974 amending the emergency housing rent control law relating to the control of and stabilization of rent in certain cases, as amended by chapter 19 of the laws of 2015, is amended to read as follows: § 17. Effective date. This act shall take effect immediately and shall remain in full force and effect until and including the [twentythird] _________ fifteenth day of June [2015] ____ 2019; except that sections two and three shall take effect with respect to any city having a population of one million or more and section one shall take effect with respect to any other city, or any town or village whenever the local legislative body of a city, town or village determines the existence of a public emergency pursuant to section three of the emergency tenant protection act of nineteen seventy-four, as enacted by section four of this act, and provided that the housing accommodations subject on the effective date of this act to stabilization pursuant to the New York city rent stabilization law of nineteen hundred sixty-nine shall remain subject to such law upon the expiration of this act. § 2. Subdivision 2 of section 1 of chapter 274 of the laws of 1946 constituting the emergency housing rent control law, as amended by chapter 19 of the laws of 2015, is amended to read as follows: 2. The provisions of this act, and all regulations, orders and requirements thereunder shall remain in full force and effect until and including June [23] __ 15, [2015] ____ 2019. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 4 A. 8323 § 3. Section 2 of chapter 329 of the laws of 1963 amending the emergency housing rent control law relating to recontrol of rents in Albany, as amended by chapter 19 of the laws of 2015, is amended to read as follows: § 2. This act shall take effect immediately and the provisions of subdivision 6 of section 12 of the emergency housing rent control law, as added by this act, shall remain in full force and effect until and including June [23] __ 15, [2015] ____ 2019. § 4. Section 10 of chapter 555 of the laws of 1982 amending the general business law and the administrative code of the city of New York relating to conversion of residential property to cooperative or condominium ownership in the city of New York, as amended by chapter 19 of the laws of 2015, is amended to read as follows: § 10. This act shall take effect immediately; provided, that the provisions of sections one, two and nine of this act shall remain in full force and effect only until and including June [23] __ 15, [2015] ____ 2019; provided further that the provisions of section three of this act shall remain in full force and effect only so long as the public emergency requiring the regulation and control of residential rents and evictions continues as provided in subdivision 3 of section 1 of the local emergency housing rent control act; provided further that the provisions of sections four, five, six and seven of this act shall expire in accordance with the provisions of section 26-520 of the administrative code of the city of New York as such section of the administrative code is, from time to time, amended; provided further that the provisions of section 26-511 of the administrative code of the city of New York, as amended by this act, which the New York City Department of Housing Preservation and Development must find are contained in the code of the real estate industry stabilization association of such city in order to approve it, shall be deemed contained therein as of the effective date of this act; and provided further that any plan accepted for filing by the department of law on or before the effective date of this act shall continue to be governed by the provisions of section 352-eeee of the general business law as they had existed immediately prior to the effective date of this act. § 5. Section 4 of chapter 402 of the laws of 1983 amending the general business law relating to conversion of rental residential property to cooperative or condominium ownership in certain municipalities in the counties of Nassau, Westchester and Rockland, as amended by chapter 19 of the laws of 2015, is amended to read as follows: § 4. This act shall take effect immediately; provided, that the provisions of sections one and three of this act shall remain in full force and effect only until and including June [23] __ 15, [2015] ____ 2019; and provided further that any plan accepted for filing by the department of law on or before the effective date of this act shall continue to be governed by the provisions of section 352-eee of the general business law as they had existed immediately prior to the effective date of this act. § 6. Subdivision 6 of section 46 of chapter 116 of the laws of 1997 constituting the rent regulation reform act of 1997, as amended by chapter 19 of the laws of 2015, is amended to read as follows: 6. sections twenty-eight, twenty-eight-a, twenty-eight-b and twentyeight-c of this act shall expire and be deemed repealed after June [23] __ 15, [2015] ____ 2019; § 7. Paragraph (n) of subdivision 2 of section 2 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 5 A. 8323 amended by section 9 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (n) any housing accommodation with a maximum rent of two thousand dollars or more per month at any time between the effective date of this paragraph and October first, nineteen hundred ninety-three which is or becomes vacant on or after the effective date of this paragraph; or, for any housing accommodation with a maximum rent of two thousand dollars or more per month at any time on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a maximum rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, _______________________________________________________________ but prior to the effective date of the rent act of 2015; or, ________________________________________________________________________ any housing accommodation with a legal regulated rent that was two thou________________________________________________________________________ sand seven hundred dollars or more per month at any time on or after the ________________________________________________________________________ effective date of the rent act of 2015, which becomes vacant after the ________________________________________________________________________ effective date of the rent act of 2015, provided, however, that starting ________________________________________________________________________ on January 1, 2016, and annually thereafter, the maximum legal regulated ________________________________________________________________________ rent for this deregulation threshold, shall also be increased by the ________________________________________________________________________ same percentage as the most recent one year renewal adjustment, adopted ________________________________________ by the applicable rent guidelines board. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand [five] _____ seven hundred dollars [a], ____________________________________ as adjusted by the applicable rent _____________________ guidelines board, per month. An exclusion pursuant to this paragraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, has engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations and in connection with such course of conduct, any other general enforcement provision of this law shall also apply. § 8. Paragraph 13 of subdivision a of section 5 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 10 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (13) any housing accommodation with a legal regulated rent of two thousand dollars or more per month at any time between the effective date of this paragraph and October first, nineteen hundred ninety-three which is or becomes vacant on or after the effective date of this paragraph; or, for any housing accommodation with a legal regulated rent of two thousand dollars or more per month at any time on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 6 A. 8323 dollars a month; or, for any housing accommodation with a legal regulated rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, _________________________ but prior to the effec________________________________________________________________________ tive date of the rent act of 2015; or, any housing accommodation with a ________________________________________________________________________ legal regulated rent that was two thousand seven hundred dollars or more ________________________________________________________________________ per month at any time on or after the effective date of the rent act of ________________________________________________________________________ 2015, which becomes vacant after the effective date of the rent act of ________________________________________________________________________ 2015, provided, however, that starting on January 1, 2016, and annually ________________________________________________________________________ thereafter, the maximum legal regulated rent for this deregulation ________________________________________________________________________ threshold, shall also be increased by the same percentage as the most ________________________________________________________________________ recent one year renewal adjustment, adopted by the applicable rent _________________ guidelines board. An exclusion pursuant to this paragraph shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand [five] _____ seven hundred dollars a month. Provided however, that an exclusion pursuant to this paragraph shall not apply to housing accommodations which became or become subject to this act (a) by virtue of receiving tax benefits pursuant to section four hundred twenty-one-a or four hundred eighty-nine of the real property tax law, except as otherwise provided in subparagraph (i) of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real property tax law, or (b) by virtue of article seven-C of the multiple dwelling law. This paragraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, has engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations and in connection with such course of conduct, any other general enforcement provision of this act shall also apply. § 9. Subparagraph (k) of paragraph 2 of subdivision e of section 26-403 of the administrative code of the city of New York, as amended by section 11 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (k) Any housing accommodation which becomes vacant on or after April first, nineteen hundred ninety-seven and before the effective date of the rent act of 2011, and where at the time the tenant vacated such housing accommodation the maximum rent was two thousand dollars or more per month; or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011 with a maximum rent of two thousand dollars or more per month. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a maximum rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, _________________________________ but prior to the effective date ________________________________________________________________________ of the rent act of 2015; or, any housing accommodation with a legal ________________________________________________________________________ regulated rent that was two thousand seven hundred dollars or more per ________________________________________________________________________ month at any time on or after the effective date of the rent act of ________________________________________________________________________ 2015, which becomes vacant after the effective date of the rent act of ________________________________________________________________________ 2015, provided, however, that starting on January 1, 2016, and annually AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 7 A. 8323 ________________________________________________________________________ thereafter, the maximum legal regulated rent for this deregulation ________________________________________________________________________ threshold, shall also be increased by the same percent as the most ________________________________________________________________________ recent one year renewal adjustment, adopted by the New York city rent ________________________________________________________ guidelines board pursuant to the rent stabilization law. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand [five] _____ seven hundred dollars a month. Provided however, that an exclusion pursuant to this subparagraph shall not apply to housing accommodations which became or become subject to this law by virtue of receiving tax benefits pursuant to section four hundred eighty-nine of the real property tax law. This subparagraph shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, has engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations and in connection with such course of conduct, any other general enforcement provision of this law shall also apply. § 10. Section 26-504.2 of the administrative code of the city of New York, as amended by section 12 of part B of chapter 97 of the laws of 2011, is amended to read as follows: § 26-504.2 Exclusion of high rent accommodations. a. "Housing accommodations" shall not include: any housing accommodation which becomes vacant on or after April first, nineteen hundred ninety-seven and before the effective date of the rent act of 2011 and where at the time the tenant vacated such housing accommodation the legal regulated rent was two thousand dollars or more per month; or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent regulation reform act of 1997 and before the effective date of the rent act of 2011, with a legal regulated rent of two thousand dollars or more per month; _________________________________________________________ or for any housing accommodation that becomes vacant on ________________________________________________________________________ or after the effective date of the rent act of 2015, where such legal ________________________________________________________________________ regulated rent was two thousand seven hundred dollars or more, and as ________________________________________________________________________ further adjusted by this section. Starting on January 1, 2016, and ________________________________________________________________________ annually thereafter, the maximum legal regulated rent for this deregu________________________________________________________________________ lation threshold, shall also be increased by the same percent as the ________________________________________________________________________ most recent one year renewal adjustment, adopted by the New York city _______________________________________________________________ rent guidelines board pursuant to the rent stabilization law. This exclusion shall apply regardless of whether the next tenant in occupancy or any subsequent tenant in occupancy is charged or pays less than two thousand dollars a month; or, for any housing accommodation with a legal regulated rent of two thousand five hundred dollars or more per month at any time on or after the effective date of the rent act of 2011, which is or becomes vacant on or after such effective date, __________________ but prior to the ________________________________________________________________________ effective date of the rent act of 2015; or, any housing accommodation ________________________________________________________________________ with a legal regulated rent that was two thousand seven hundred dollars ________________________________________________________________________ or more per month at any time on or after the effective date of the rent ________________________________________________________________________ act of 2015, which becomes vacant after the effective date of the rent ________________________________________________________________________ act of 2015, provided, however, that starting on January 1, 2016, and ________________________________________________________________________ annually thereafter, such legal regulated rent for this deregulation ________________________________________________________________________ threshold, shall also be increased by the same percentage as the most ________________________________________________________________________ recent one year renewal adjustment, adopted by the New York city rent _________________ guidelines board. This exclusion shall apply regardless of whether the AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 8 A. 8323 next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than two thousand [five] _____ seven hundred dollars, _ ____________________________________________________ as adjusted by the applicable rent guidelines board, a month. Provided however, that an exclusion pursuant to this subdivision shall not apply to housing accommodations which became or become subject to this law (a) by virtue of receiving tax benefits pursuant to section four hundred twenty-one-a or four hundred eighty-nine of the real property tax law, except as otherwise provided in subparagraph (i) of paragraph (f) of subdivision two of section four hundred twenty-one-a of the real property tax law, or (b) by virtue of article seven-C of the multiple dwelling law. This section shall not apply, however, to or become effective with respect to housing accommodations which the commissioner determines or finds that the landlord or any person acting on his or her behalf, with intent to cause the tenant to vacate, engaged in any course of conduct (including, but not limited to, interruption or discontinuance of required services) which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his or her use or occupancy of the housing accommodations and in connection with such course of conduct, any other general enforcement provision of this law shall also apply. b. The owner of any housing accommodation that is not subject to this law pursuant to the provisions of subdivision a of this section or subparagraph k of paragraph 2 of subdivision e of section 26-403 of this code shall give written notice certified by such owner to the first tenant of that housing accommodation after such housing accommodation becomes exempt from the provisions of this law or the city rent and rehabilitation law. Such notice shall contain the last regulated rent, the reason that such housing accommodation is not subject to this law or the city rent and rehabilitation law, a calculation of how either the rental amount charged when there is no lease or the rental amount provided for in the lease has been derived so as to reach two thousand dollars or more per month or, for a housing accommodation with a legal regulated rent or maximum rent of two thousand five hundred dollars or more per month on or after the effective date of the rent act of 2011, _ ________________________________________________________ and before the effective date of the rent act of 2015, which is or becomes vacant on or after such effective date, whether the next tenant in occupancy or any subsequent tenant in occupancy actually is charged or pays less than a legal regulated rent or maximum rent of two thousand five hundred dollars or more per month, _____________________________ or two thousand seven hundred ________________________________________________________________________ dollars or more, per month, starting on January 1, 2016, and annually ________________________________________________________________________ thereafter, the maximum legal regulated rent for this deregulation ________________________________________________________________________ threshold, shall also be increased by the same percent as the most ________________________________________________________________________ recent one year renewal adjustment, adopted by the New York city rent __________________________________________________________ guidelines board pursuant to the rent stabilization law, a statement that the last legal regulated rent or the maximum rent may be verified by the tenant by contacting the state division of housing and community renewal, or any successor thereto, and the address and telephone number of such agency, or any successor thereto. Such notice shall be sent by certified mail within thirty days after the tenancy commences or after the signing of the lease by both parties, whichever occurs first or shall be delivered to the tenant at the signing of the lease. In addition, the owner shall send and certify to the tenant a copy of the registration statement for such housing accommodation filed with the state division of housing and community renewal indicating that such housing accommodation became exempt from the provisions of this law or the city rent and rehabilitation law, which form shall include the last AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 9 A. 8323 regulated rent, and shall be sent to the tenant within thirty days after the tenancy commences or the filing of such registration, whichever occurs later. § 11. Subdivision a-2 of section 10 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 13 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (a-2) Provides that where the amount of rent charged to and paid by the tenant is less than the legal regulated rent for the housing accommodation, the amount of rent for such housing accommodation which may be charged upon renewal or upon vacancy thereof, _ may, at the option of the owner, be based upon such previously established legal regulated rent, as adjusted by the most recent applicable guidelines increases and other increases authorized by law. [Where, subsequent to vacancy, such legal regulated rent, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law is two thousand dollars or more per month or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent act of 2011, is two thousand five hundred dollars or more per month, such housing accommodation shall be excluded from the provisions of this act pursuant to paragraph thirteen of subdivision a of section five of this act] ____ Such ________________________________________________________________________ housing accommodation shall be excluded from the provisions of this act ________________________________________________________________________ pursuant to paragraph thirteen of subdivision a of section five of this ________________________________________________________________________ act when subsequent to vacancy: (i) such legal regulated rent is two ________________________________________________________________________ thousand five hundred dollars per month, or more, for any housing accom________________________________________________________________________ modation that is, or becomes, vacant after the effective date of the ________________________________________________________________________ rent act of 2011 but prior to the effective date of the rent act of 2015 ________________________________________________________________________ or (ii) such legal regulated rent is two thousand seven hundred dollars ________________________________________________________________________ per month or more for any housing accommodation that is or becomes ________________________________________________________________________ vacant on or after the rent act of 2015; starting on January 1, 2016, ________________________________________________________________________ and annually thereafter, the maximum legal regulated rent for this ________________________________________________________________________ deregulation threshold, shall also be increased by the same percent as ________________________________________________________________________ the most recent one year renewal adjustment, adopted by the applicable ____________________________________________________________ rent guidelines board pursuant to the rent stabilization law. § 12. Paragraph 14 of subdivision c of section 26-511 of the administrative code of the city of New York, as amended by section 14 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (14) provides that where the amount of rent charged to and paid by the tenant is less than the legal regulated rent for the housing accommodation, the amount of rent for such housing accommodation which may be charged upon renewal or upon vacancy thereof, _ may, at the option of the owner, be based upon such previously established legal regulated rent, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law. [Where, subsequent to vacancy, such legal regulated rent, as adjusted by the most recent applicable guidelines increases and any other increases authorized by law is two thousand dollars or more per month or, for any housing accommodation which is or becomes vacant on or after the effective date of the rent act of 2011, is two thousand five hundred dollars or more per month, such housing accommodation shall be excluded from the provisions of this law pursuant to section 26-504.2 of this chapter] __________________________ Such housing accommodation ________________________________________________________________________ shall be excluded from the provisions of this code pursuant to section ________________________________________________________________________ 26-504.2 of this chapter when, subsequent to vacancy: (i) such legal ________________________________________________________________________ regulated rent prior to vacancy is two thousand five hundred dollars per ________________________________________________________________________ month, or more, for any housing accommodation that is or becomes vacant ________________________________________________________________________ after the effective date of the rent act of 2011 but prior to the effec- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 10 A. 8323 ________________________________________________________________________ tive date of the rent act of 2015 or (ii) such legal regulated rent is ________________________________________________________________________ two thousand seven hundred dollars per month or more, provided, however ________________________________________________________________________ that on January 1, 2016, and annually thereafter, the maximum legal ________________________________________________________________________ regulated rent for this deregulation threshold shall be adjusted by the ________________________________________________________________________ same percentage as the most recent one year renewal adjustment as ________________________________________________________________________ adjusted by the relevant rent guidelines board, for any housing accommo_________________________________________________________________ dation that is or becomes vacant on or after the rent act of 2015. § 13. Paragraph 3 of subdivision (a) of section 5-a of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act of nineteen seventy-four, as added by section 30 of part B of chapter 97 of the laws of 2011, is amended to read as follows: 3. Deregulation rent threshold means two thousand dollars for proceedings commenced before July first, two thousand eleven. For proceedings commenced on or after July first, two thousand eleven, the deregulation rent threshold means two thousand five hundred dollars. ________________________________________________________________________ For proceedings commenced on or after July first, two thousand fifteen, ________________________________________________________________________ the deregulation rent threshold means two thousand seven hundred ________________________________________________________________________ dollars, provided, however that on January 1, 2016, and annually there________________________________________________________________________ after, the maximum legal regulated rent for this deregulation threshold ________________________________________________________________________ shall be adjusted by the same percentage as the most recent one year ________________________________________________________ renewal adjustment adopted by the rent guidelines board. § 14. Paragraph 3 of subdivision (a) of section 2-a of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as added by section 32 of part B of chapter 97 of the laws of 2011, is amended to read as follows: 3. Deregulation rent threshold means two thousand dollars for proceedings commenced prior to July first, two thousand eleven. For proceedings commenced on or after July first, two thousand eleven, the deregulation rent threshold means two thousand five hundred dollars. ________________________________________________________________________ For proceedings commenced on or after July first, two thousand fifteen, ________________________________________________________________________ the deregulation rent threshold means two thousand seven hundred ________________________________________________________________________ dollars, provided, however, that on January 1, 2016, and annually there________________________________________________________________________ after, the maximum legal regulated rent for this deregulation threshold ________________________________________________________________________ shall be adjusted by the same percentage as the most recent one year ________________________________________________________ renewal adjustment adopted by the rent guidelines board. § 15. Paragraph 3 of subdivision (a) of section 26-403.1 of the administrative code of the city of New York, as added by section 34 of part B of chapter 97 of the laws of 2011, is amended to read as follows: 3. Deregulation rent threshold means two thousand dollars for proceedings commenced before July first, two thousand eleven. For proceedings commenced on or after July first, two thousand eleven, the deregulation rent threshold means two thousand five hundred dollars. ________________________________________________________________________ For proceedings commenced on or after July first, two thousand fifteen, ________________________________________________________________________ the deregulation rent threshold means two thousand seven hundred ________________________________________________________________________ dollars, provided, however, that on January first, two thousand sixteen, ________________________________________________________________________ and annually thereafter, such deregulation rent threshold shall be ________________________________________________________________________ adjusted by the same percentage as the most recent one year renewal ____________________________________________________ adjustment adopted by the relevant guidelines board. § 16. Paragraph 3 of subdivision (a) of section 26-504.3 of the administrative code of the city of New York, as added by section 36 of part B of chapter 97 of the laws of 2011, is amended to read as follows: 3. Deregulation rent threshold means two thousand dollars for proceedings commenced before July first, two thousand eleven. For proceedings commenced on or after July first, two thousand eleven, the deregulation rent threshold means two thousand five hundred dollars. ________________________________________________________________________ For proceedings commenced on or after July first, two thousand fifteen, AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 11 A. 8323 ________________________________________________________________________ the deregulation rent threshold means two thousand seven hundred ________________________________________________________________________ dollars, provided, however, that on January first, two thousand sixteen, ________________________________________________________________________ and annually thereafter, such deregulation rent threshold shall be ________________________________________________________________________ adjusted by the same percentage as the most recent one year renewal ____________________________________________________ adjustment adopted by the relevant guidelines board. § 16-a. Paragraph 5-a of subdivision c of section 26-511 of the administrative code of the city of New York, as amended by section 7 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (5-a) provides that, notwithstanding any provision of this chapter, the legal regulated rent for any vacancy lease entered into after the effective date of this paragraph shall be as hereinafter provided in this paragraph. The previous legal regulated rent for such housing accommodation shall be increased by the following: (i) if the vacancy lease is for a term of two years, twenty percent of the previous legal regulated rent; or (ii) if the vacancy lease is for a term of one year the increase shall be twenty percent of the previous legal regulated rent less an amount equal to the difference between (a) the two year renewal lease guideline promulgated by the guidelines board of the city of New York applied to the previous legal regulated rent and (b) the one year renewal lease guideline promulgated by the guidelines board of the city of New York applied to the previous legal regulated rent. ________ However, ________________________________________________________________________ where the amount charged and paid by the prior tenant pursuant to para________________________________________________________________________ graph fourteen of this subdivision, was less than the legal regulated ________________________________________________________________________ rent, such increase to the legal regulated rent shall not exceed: five ________________________________________________________________________ percent of the previous legal regulated rent if the last vacancy lease ________________________________________________________________________ commenced less than two years ago; ten percent of the previous legal ________________________________________________________________________ regulated rent if the last vacancy lease commenced less than three years ________________________________________________________________________ ago; fifteen percent of the previous legal regulated rent if the last ________________________________________________________________________ vacancy lease commenced less than four years ago; twenty percent of the ________________________________________________________________________ previous legal regulated rent if the last vacancy lease commenced four __________________ or more years ago. In addition, if the legal regulated rent was not increased with respect to such housing accommodation by a permanent vacancy allowance within eight years prior to a vacancy lease executed on or after the effective date of this paragraph, the legal regulated rent may be further increased by an amount equal to the product resulting from multiplying such previous legal regulated rent by six-tenths of one percent and further multiplying the amount of rent increase resulting therefrom by the greater of (A) the number of years since the imposition of the last permanent vacancy allowance, or (B) if the rent was not increased by a permanent vacancy allowance since the housing accommodation became subject to this chapter, the number of years that such housing accommodation has been subject to this chapter. Provided that if the previous legal regulated rent was less than three hundred dollars the total increase shall be as calculated above plus one hundred dollars per month. Provided, further, that if the previous legal regulated rent was at least three hundred dollars and no more than five hundred dollars in no event shall the total increase pursuant to this paragraph be less than one hundred dollars per month. Such increase shall be in lieu of any allowance authorized for the one or two year renewal component thereof, but shall be in addition to any other increases authorized pursuant to this chapter including an adjustment based upon a major capital improvement, or a substantial modification or increase of dwelling space or services, or installation of new equipment or improvements or new furniture or furnishings provided in or to the housing accommodation pursuant to this section. The increase authorized in this paragraph may AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 12 A. 8323 not be implemented more than one time in any calendar year, notwithstanding the number of vacancy leases entered into in such year. § 16-b. Subdivision (a-1) of section 10 of section 4 of chapter 576 of the laws of 1974 amending the emergency housing rent control law relating to the control of and stabilization of rent in certain cases, as amended by section 8 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (a-1) provides that, notwithstanding any provision of this act, the legal regulated rent for any vacancy lease entered into after the effective date of this subdivision shall be as hereinafter set forth. The previous legal regulated rent for such housing accommodation shall be increased by the following: (i) if the vacancy lease is for a term of two years, twenty percent of the previous legal regulated rent; or (ii) if the vacancy lease is for a term of one year the increase shall be twenty percent of the previous legal regulated rent less an amount equal to the difference between (a) the two year renewal lease guideline promulgated by the guidelines board of the county in which the housing accommodation is located applied to the previous legal regulated rent and (b) the one year renewal lease guideline promulgated by the guidelines board of the county in which the housing accommodation is located applied to the previous legal regulated rent. _________________________ However, where the amount ________________________________________________________________________ charged and paid by the prior tenant pursuant to paragraph fourteen of ________________________________________________________________________ this subdivision, was less than the legal regulated rent, such increase ________________________________________________________________________ to the legal regulated rent shall not exceed: five percent of the ________________________________________________________________________ previous legal regulated rent if the last vacancy lease commenced less ________________________________________________________________________ than two years ago; ten percent of the previous legal regulated rent if ________________________________________________________________________ the last vacancy commenced less than three years ago; fifteen percent of ________________________________________________________________________ the previous legal regulated rent if the last vacancy lease commenced ________________________________________________________________________ less than four years ago; twenty percent of the previous legal regulated _____________________________________________________________________ rent if the last vacancy lease commenced four or more years ago. In addition, if the legal regulated rent was not increased with respect to such housing accommodation by a permanent vacancy allowance within eight years prior to a vacancy lease executed on or after the effective date of this subdivision, the legal regulated rent may be further increased by an amount equal to the product resulting from multiplying such previous legal regulated rent by six-tenths of one percent and further multiplying the amount of rent increase resulting therefrom by the greater of (A) the number of years since the imposition of the last permanent vacancy allowance, or (B) if the rent was not increased by a permanent vacancy allowance since the housing accommodation became subject to this act, the number of years that such housing accommodation has been subject to this act. Provided that if the previous legal regulated rent was less than three hundred dollars the total increase shall be as calculated above plus one hundred dollars per month. Provided, further, that if the previous legal regulated rent was at least three hundred dollars and no more than five hundred dollars in no event shall the total increase pursuant to this subdivision be less than one hundred dollars per month. Such increase shall be in lieu of any allowance authorized for the one or two year renewal component thereof, but shall be in addition to any other increases authorized pursuant to this act including an adjustment based upon a major capital improvement, or a substantial modification or increase of dwelling space or services, or installation of new equipment or improvements or new furniture or furnishings provided in or to the housing accommodation pursuant to section six of this act. The increase authorized in this subdivision AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 13 A. 8323 may not be implemented more than one time in any calendar year, notwithstanding the number of vacancy leases entered into in such year. § 17. The division of housing and community renewal shall, pursuant to this act, promulgate rules and regulations to implement and enforce all provisions of this act and any law renewed or continued by this act. § 18. Section 13 of part A of chapter 97 of the laws of 2011, amending the general municipal law and the education law, relating to establishing limits upon school district and local government tax levies, is amended to read as follows: § 13. This act shall take effect immediately; provided, however, that sections two through eleven of this act shall take effect July 1, 2011 and shall first apply to school district budgets and the budget adoption process for the 2012-13 school year; and shall continue to apply to school district budgets and the budget adoption process for any school year beginning in any calendar year during which this act is in effect; provided further, that if section 26 of part A of chapter 58 of the laws of 2011 shall not have taken effect on or before such date then section ten of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2011, takes effect; provided further, that section one of this act shall first apply to the levy of taxes by local governments for the fiscal year that begins in 2012 and shall continue to apply to the levy of taxes by local governments for any fiscal year beginning in any calendar year during which this act is in effect; provided, further, that this act shall remain in full force and effect at a minimum until and including June 15, [2016] ____ 2020 and shall remain in effect thereafter only so long as the public emergency requiring the regulation and control of residential rents and evictions and all such laws providing for such regulation and control continue as provided in subdivision 3 of section 1 of the local emergency rent control act, sections 26-501, 26-502 and 26-520 of the administrative code of the city of New York, section 17 of chapter 576 of the laws of 1974 and subdivision 2 of section 1 of chapter 274 of the laws of 1946 constituting the emergency housing rent control law, and section 10 of chapter 555 of the laws of 1982, amending the general business law and the administrative code of the city of New York relating to conversions of residential property to cooperative or condominium ownership in the city of New York as such laws are continued by chapter 93 of the laws of 2011 and as such sections are amended from time to time. § 19. The opening paragraph of paragraph (a) of subdivision 1 of section 489 of the real property tax law, as amended by chapter 4 of the laws of 2013, is amended to read as follows: Any city to which the multiple dwelling law is applicable, acting through its local legislative body or other governing agency, is hereby authorized and empowered, to and including January first, two thousand [fifteen] ________ nineteen, to adopt and amend local laws or ordinances providing that any increase in assessed valuation of real property shall be exempt from taxation for local purposes, as provided herein, to the extent such increase results from: § 20. The closing paragraph of subparagraph 6 of paragraph (a) of subdivision 1 of section 489 of the real property tax law, as amended by chapter 4 of the laws of 2013, is amended to read as follows: Such conversion, alterations or improvements shall be completed within thirty months after the date on which same shall be started except that such thirty month limitation shall not apply to conversions of residential units which are registered with the loft board in accordance with article seven-C of the multiple dwelling law pursuant to subparagraph AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 14 A. 8323 one of this paragraph. Notwithstanding the foregoing, a sixty month period for completion shall be available for alterations or improvements undertaken by a housing development fund company organized pursuant to article eleven of the private housing finance law, which are carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local governmental agency or instrumentality or which are carried out in a property transferred from such city if alterations and improvements are completed within seven years after the date of transfer. In addition, the local housing agency is hereby empowered to grant an extension of the period of completion for any project carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local governmental agency or instrumentality, if such alterations or improvements are completed within sixty months from commencement of construction. Provided, further, that such conversion, alterations or improvements shall in any event be completed prior to June thirtieth, two thousand [fifteen] ________ nineteen. Exemption for conversions, alterations or improvements pursuant to subparagraph one, two, three or four of this paragraph shall continue for a period not to exceed fourteen years and begin no sooner than the first quarterly tax bill immediately following the completion of such conversion, alterations or improvements. Exemption for alterations or improvements pursuant to this subparagraph or subparagraph five of this paragraph shall continue for a period not to exceed thirty-four years and shall begin no sooner than the first quarterly tax bill immediately following the completion of such alterations or improvements. Such exemption shall be equal to the increase in the valuation which is subject to exemption in full or proportionally under this subdivision for ten or thirty years, whichever is applicable. After such period of time, the amount of such exempted assessed valuation of such improvements shall be reduced by twenty percent in each succeeding year until the assessed value of the improvements are fully taxable. Provided, however, exemption for any conversion, alterations or improvements which are aided by a loan or grant under article eight, eight-A, eleven, twelve, fifteen or twentytwo of the private housing finance law, section six hundred ninety-six-a or section ninety-nine-h of the general municipal law, or section three hundred twelve of the housing act of nineteen hundred sixty-four (42 U.S.C.A. 1452b), or the Cranston-Gonzalez national affordable housing act (42 U.S.C.A. 12701 et. seq.), or started after July first, nineteen hundred eighty-three by a housing development fund company organized pursuant to article eleven of the private housing finance law which are carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local governmental agency or instrumentality or which are carried out in a property transferred from any city and where alterations and improvements are completed within seven years after the date of transfer may commence at the beginning of any tax quarter subsequent to the start of such conversion, alterations or improvements and prior to the completion of such conversion, alterations or improvements. § 21. Subdivision (h) of section 27 of chapter 4 of the laws of 2013 amending the real property tax law and other laws relating to interim multiple dwellings in a city with a population of one million or more is amended to read as follows: (h) sections twenty-one, twenty-two, twenty-three and twenty-four shall expire and be deemed repealed on June 30, [2015] ____ 2019. § 22. Section 282-a of the multiple dwelling law, as amended by chapter 159 of the laws of 2011, is amended to read as follows: AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 15 A. 8323 § 282-a. [Limitation on applications] ____________ Applications for coverage of interim multiple dwellings and residential units. 1. All applications for registration as an interim multiple dwelling or for coverage of residential units under this article shall be filed with the loft board within six months after the date the loft board shall have adopted all rules or regulations necessary in order to implement the provisions of chapter one hundred forty-seven of the laws of two thousand ten, _ ________________________________________________________________________ provided, however, that applications for registration as an interim ________________________________________________________________________ multiple dwelling or for coverage of residential units under this arti________________________________________________________________________ cle may also be filed for a two-year period starting from the effective ________________________________________________________________________ date of the chapter of the laws of two thousand fifteen which amended ____________ this section. The loft board may subsequently amend such rules and regulations but such amendments shall not recommence the time period in which applications may be filed. [Notwithstanding any other provision of this article, after such date no further applications for registration or coverage as an interim multiple dwelling or for coverage under this article shall be accepted for owners or occupants of buildings that would otherwise qualify as interim multiple dwellings or for coverage pursuant to this article.] 2. Where any occupant has filed an application for coverage pursuant to this article and has received a docket number from the loft board, it shall be unlawful for an owner to cause or intend to cause such occupant to vacate, surrender or waive any rights in relation to such occupancy, due to repeated interruptions or discontinuances of essential services, or an interruption or discontinuance of an essential service for an extended duration or of such significance as to substantially impair habitability of such unit, at any time before the loft board has made a final determination, including appeals, to approve or deny such application. This [subdivision] _______ section shall not grant any rights of continued occupancy other than those otherwise granted by law. Any agreement that waives or limits the benefits of this [subdivision] _______ section shall be deemed void as against public policy. In addition to any other remedies provided in this article for failure to be in compliance, in article eight of this chapter, or in the regulations promulgated by the loft board, an occupant who has filed an application with the loft board for coverage under this article may[, no later than thirty-six months after the loft board shall have adopted rules and regulations as set forth in subdivision one of this section,] commence an action or proceeding in a court of competent jurisdiction, which notwithstanding any other provision of law shall include the housing part of the New York city civil court, to enforce the provisions of this [subdivision] _______ section. § 22-a. Paragraph (vi) of subdivision 1 of section 284 of the multiple dwelling law, as amended by chapter 4 of the laws of 2013, is amended to read as follows: (vi) Notwithstanding the provisions of paragraphs (i) through (v) of this subdivision the owner of an interim multiple dwelling made subject to this article by subdivision five of section two hundred eighty-one of this article (A) shall file an alteration application [within nine months from the effective date of the chapter of the laws of two thousand ten which amended this subparagraph] __________________________ on or before March twenty__________________________ first, two thousand eleven, or, for units that became subject to this article pursuant to [the] chapter ____ four of the laws of two thousand thirteen [which amended this paragraph, within nine months of the promulgation of all necessary rules and regulations pursuant to section two hundred eighty-two-a of this article] _______________________________ on or before June eleventh, two ________________________________________________________________________ thousand fourteen, or, for units in an interim multiple dwelling that AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 16 A. 8323 ________________________________________________________________________ were listed on an application for coverage or registration filed with ________________________________________________________________________ the loft board pursuant to this article or in a court pleading after ________________________________________________________________________ March eleventh, two thousand fourteen, within nine months of either the ________________________________________________________________________ date of the initial application for coverage or the date of the loft ________________________________________________________________________ board's issuance of an interim multiple dwelling number or the date of ____________________________________________________ the service of the pleading, whichever is earlier, and (B) shall take all reasonable and necessary action to obtain an approved alteration permit [within twelve months from such effective date] _________________ on or before June __________________________________ twenty-first, two thousand eleven, or, for units that became subject to this article pursuant to [the] chapter ____ four of the laws of two thousand thirteen [which amended this paragraph, within twelve months of the promulgation of all necessary rules and regulations pursuant to section two hundred eighty-two-a of this article] ____________________________ on or before September elev________________________________________________________________________ enth, two thousand fourteen, or, for units in an interim multiple dwell________________________________________________________________________ ing that were listed on an application for coverage or registration ________________________________________________________________________ filed with the loft board pursuant to this article or in a court plead________________________________________________________________________ ing after March eleventh, two thousand fourteen, within twelve months of ________________________________________________________________________ either the date of the initial application for coverage or the date of ________________________________________________________________________ the loft board's issuance of an interim multiple dwelling number or the _________________________________________________________ date of the service of the pleading, whichever is earlier, and (C) shall achieve compliance with the standards of safety and fire protection set forth in article seven-B of this chapter for the residential portions of the building within eighteen months from obtaining such alteration permit, and (D) shall take all reasonable and necessary action to obtain a certificate of occupancy as a class A multiple dwelling for the residential portions of the building or structure [within thirty months from such effective date] ________________________________________________ on or before December twenty-first, two thousand ______ twelve, or for units that became subject to this article pursuant to [the] chapter ____ four of the laws of two thousand thirteen [which amended this paragraph within thirty months of the promulgation of all necessary rules and regulations pursuant to section two hundred eighty-two-a of this article] __________________________________________________________ on or before March eleventh, two thousand sixteen, or, for ________________________________________________________________________ units in an interim multiple dwelling that were listed on an application ________________________________________________________________________ for coverage or registration filed with the loft board pursuant to this ________________________________________________________________________ article or in a court pleading after March eleventh, two thousand ________________________________________________________________________ sixteen, within thirty months of either the date of the initial applica________________________________________________________________________ tion for coverage or the date of the loft board's issuance of an interim ________________________________________________________________________ multiple dwelling number or the date of the service of the pleading, ____________________ whichever is earlier. The loft board may, upon good cause shown, and upon proof of compliance with the standards of safety and fire protection set forth in article seven-B of this chapter, twice extend the time of compliance with the requirement to obtain a residential certificate of occupancy for periods not to exceed twelve months each. § 23. Paragraphs 1 and 2 of subdivision c of section 26-516 of the administrative code of the city of New York, as amended by section 1 of chapter 480 of the laws of 2009, are amended to read as follows: (1) to have violated an order of the division the commissioner may impose by administrative order after hearing, a civil penalty [in the amount of one thousand dollars for the first such offense and two] __ at ________________________________________________________________________ minimum in the amount of one thousand but not to exceed two thousand ________________________________________________________________________ dollars for the first such offense, and at a minimum in the amount of _______________________________________ two thousand but not to exceed three thousand dollars for each subsequent offense; or (2) to have harassed a tenant to obtain vacancy of his or her housing accommodation, the commissioner may impose by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be [in the amount of two thousand dollars for a first such AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 17 A. 8323 offense and up to ten] ______________________________________________ at a minimum in the amount of two thousand but ________________________________________________________________________ not to exceed three thousand dollars for the first such offense, and at _______________________________________________________________ minimum in the amount of ten thousand but not to exceed eleven thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. § 24. Paragraph 2 of subdivision c of section 26-516 of the administrative code of the city of New York, as amended by section 2 of chapter 480 of the laws of 2009, is amended to read as follows: (2) to have harassed a tenant to obtain vacancy of his or her housing accommodation, the commissioner may impose by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be [in the amount of two thousand dollars for a first such offense and up to ten] ________________________________________________________________ at minimum in the amount of two thousand but not to exceed three ________________________________________________________________________ thousand dollars for the first such offense, and at a minimum in the ___________________________________________________ amount of ten thousand but not to exceed eleven thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. § 25. Subparagraph (a) of paragraph 2 of subdivision b of section 26-413 of the administrative code of the city of New York, as amended by section 3 of chapter 480 of the laws of 2009, is amended to read as follows: (a) Impose by administrative order after hearing, a civil penalty for any violation of said section and bring an action to recover same in any court of competent jurisdiction. Such penalty in the case of a violation of subdivision d of such section shall be [in the amount of two thousand dollars for the first offense and ten] _________________________________ at minimum in the amount of two ________________________________________________________________________ thousand but not to exceed three thousand dollars for the first such ________________________________________________________________________ offense, and at minimum in the amount of ten thousand but not to exceed ______ eleven thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation; and in the case of any other violation of such section [in the amount of one thousand dollars for the first such offense and two] __________________________________________________________________ at minimum in the amount of one thousand but not to exceed two ________________________________________________________________________ thousand dollars for the first such offense, and at minimum in the ______________________________________________ amount of two thousand but not to exceed three thousand dollars for each subsequent offense. Such order by the city rent agency shall be deemed a final determination for the purposes of judicial review as provided in section 26-411 of this chapter. Such action shall be brought on behalf of the city and any amount recovered shall be paid into the city treasury. Such right of action may be released, compromised or adjusted by the city rent agency at any time subsequent to the issuance of such administrative order. § 26. Subparagraph (a) of paragraph 2 of subdivision b of section 26-413 of the administrative code of the city of New York, as amended by section 4 of chapter 480 of the laws of 2009, is amended to read as follows: (a) Impose by administrative order after hearing, a civil penalty for any violation of said section and bring an action to recover same in any court of competent jurisdiction. Such penalty in the case of a violation of subdivision d of such section shall be [in the amount of two thousand dollars for a first such offense and ten] ___________________________ at minimum in the amount of ________________________________________________________________________ two thousand but not to exceed three thousand dollars for the first such ________________________________________________________________________ offense, and at minimum in the amount of ten thousand but not to exceed ______ eleven thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation; and in the case of any other violation of such section AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 18 A. 8323 [in the amount of one thousand dollars for the first such offense and two] __________________________________________________________________ at minimum in the amount of one thousand but not to exceed two ________________________________________________________________________ thousand dollars for the first such offense, and at minimum in the ______________________________________________ amount of two thousand but not to exceed three thousand dollars for each subsequent offense. Such order by the city rent agency shall be deemed a final determination for the purposes of judicial review as provided in section 26-411 of this chapter. Such action shall be brought on behalf of the city and any amount recovered shall be paid into the city treasury. Such right of action may be released, compromised or adjusted by the city rent agency at any time subsequent to the issuance of such administrative order. § 27. Clauses (i) and (ii) of paragraph 3 of subdivision a of section 12 of section 4 of chapter 576 of the laws of 1974 constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 5 of chapter 480 of the laws of 2009, are amended to read as follows: (i) to have violated an order of the division the commissioner may impose by administrative order after hearing, a civil penalty [in the amount of one thousand dollars for the first such offense and two] __ at ________________________________________________________________________ minimum in the amount of one thousand but not to exceed two thousand ________________________________________________________________________ dollars for the first such offense, and at minimum in the amount of two ___________________________________ thousand but not to exceed three thousand dollars for each subsequent offense; or (ii) to have harassed a tenant to obtain vacancy of his housing accommodation, the commissioner may impose by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be [in the amount of two thousand dollars for the first such offense and ten] ____________________________________________________ at minimum in the amount of two thousand but not to ________________________________________________________________________ exceed three thousand dollars for the first such offense, and at minimum ______________________________________________________ in the amount of ten thousand but not to exceed eleven thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. § 28. Clause (ii) of paragraph 3 of subdivision a of section 12 of section 4 of chapter 576 of the laws of 1974 constituting the emergency tenant protection act of nineteen seventy-four, as amended by section 6 of chapter 480 of the laws of 2009, is amended to read as follows: (ii) to have harassed a tenant to obtain vacancy of his housing accommodation, the commissioner may impose by administrative order after hearing, a civil penalty for any such violation. Such penalty shall be [in the amount of two thousand dollars for the first such offense and ten] ___________________________________________________________________ at minimum in the amount of two thousand but not to exceed three ________________________________________________________________________ thousand dollars for the first such offense, and at minimum in the ________________________________________________ amount of ten thousand but not to exceed eleven thousand dollars for each subsequent offense or for a violation consisting of conduct directed at the tenants of more than one housing accommodation. § 29. Paragraph 6 of subdivision c of section 26-511 of the administrative code of the city of New York, as amended by chapter 116 of the laws of 1997, is amended to read as follows: (6) provides criteria whereby the commissioner may act upon applications by owners for increases in excess of the level of fair rent increase established under this law provided, however, that such criteria shall provide (a) as to hardship applications, for a finding that the level of fair rent increase is not sufficient to enable the owner to maintain approximately the same average annual net income (which shall be computed without regard to debt service, financing costs or management fees) for the three year period ending on or within six months of the date of an application pursuant to such criteria as compared with AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 19 A. 8323 annual net income, which prevailed on the average over the period nineteen hundred sixty-eight through nineteen hundred seventy, or for the first three years of operation if the building was completed since nineteen hundred sixty-eight or for the first three fiscal years after a transfer of title to a new owner provided the new owner can establish to the satisfaction of the commissioner that he or she acquired title to the building as a result of a bona fide sale of the entire building and that the new owner is unable to obtain requisite records for the fiscal years nineteen hundred sixty-eight through nineteen hundred seventy despite diligent efforts to obtain same from predecessors in title and further provided that the new owner can provide financial data covering a minimum of six years under his or her continuous and uninterrupted operation of the building to meet the three year to three year comparative test periods herein provided; and (b) as to completed buildingwide major capital improvements, for a finding that such improvements are deemed depreciable under the Internal Revenue Code and that the cost is to be amortized over [a seven-year] _____________ an eight-year period ____________ for a build________________________________________________________________________ ing with thirty-five or fewer housing accommodations, or a nine-year ________________________________________________________________________ period for a building with more than thirty-five housing accommodations, ________________________________________________________________________ for any determination issued by the division of housing and community __________________________________________________________ renewal after the effective date of the rent act of 2015, based upon cash purchase price exclusive of interest or service charges. Notwithstanding anything to the contrary contained herein, no hardship increase granted pursuant to this paragraph shall, when added to the annual gross rents, as determined by the commissioner, exceed the sum of, (i) the annual operating expenses, (ii) an allowance for management services as determined by the commissioner, (iii) actual annual mortgage debt service (interest and amortization) on its indebtedness to a lending institution, an insurance company, a retirement fund or welfare fund which is operated under the supervision of the banking or insurance laws of the state of New York or the United States, and (iv) eight and onehalf percent of that portion of the fair market value of the property which exceeds the unpaid principal amount of the mortgage indebtedness referred to in subparagraph (iii) of this paragraph. Fair market value for the purposes of this paragraph shall be six times the annual gross rent. The collection of any increase in the stabilized rent for any apartment pursuant to this paragraph shall not exceed six percent in any year from the effective date of the order granting the increase over the rent set forth in the schedule of gross rents, with collectability of any dollar excess above said sum to be spread forward in similar increments and added to the stabilized rent as established or set in future years; § 30. Paragraph 3 of subdivision d of section 6 of section 4 of chapter 576 of the laws of 1974, constituting the emergency tenant protection act, as amended by chapter 749 of the laws of 1990, is amended to read as follows: (3) there has been since January first, nineteen hundred seventy-four a major capital improvement required for the operation, preservation or maintenance of the structure. An adjustment under this paragraph shall be in an amount sufficient to amortize the cost of the improvements pursuant to this paragraph over [a seven-year] _____________ an eight-year period ___ for ________________________________________________________________________ a building with thirty-five or fewer housing accommodations, or a nine________________________________________________________________________ year period for a building with more than thirty-five housing accommo________________________________________________________________________ dations, for any determination issued by the division of housing and __________________________________________________________________ community renewal after the effective date of the rent act of 2015, or AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 20 A. 8323 § 31. Subparagraph (g) of paragraph 1 of subdivision g of section 26-405 of the administrative code of the city of New York, as amended by chapter 749 of the laws of 1990, is amended to read as follows: (g) There has been since July first, nineteen hundred seventy, a major capital improvement required for the operation, preservation or maintenance of the structure. An adjustment under this subparagraph (g) ___ for ________________________________________________________________________ any order of the commissioner issued after the effective date of the ________________ rent act of 2015 shall be in an amount sufficient to amortize the cost of the improvements pursuant to this subparagraph (g) over [a sevenyear] _____________ an eight-year period _____________________________________________ for buildings with thirty-five or fewer units ___________________________________________________________________ or a nine year period for buildings with more than thiry-five units, or § 32. Subparagraph 7 of the second undesignated paragraph of paragraph (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946, constituting the emergency housing rent control law, as amended by section 25 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (7) there has been since March first, nineteen hundred fifty, a major capital improvement required for the operation, preservation or maintenance of the structure; ______________________________________________ which for any order of the commissioner issued ________________________________________________________________________ after the effective date of the rent act of 2015 the cost of such ________________________________________________________________________ improvement shall be amortized over an eight-year period for buildings ________________________________________________________________________ with thirty-five or fewer units or a nine year period for buildings with __________________________ more than thiry-five units, or § 33. Subparagraph (A) of paragraph 7 of subdivision (ee) of section 1115 of the tax law, as amended by section 1 of subpart A of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (A) "Tenant" means a person who, as lessee, enters into a space lease with a landlord for a term of ten years or more commencing on or after September first, two thousand five, but not later than, in the case of a space lease with respect to leased premises located in eligible areas as defined in clause (i) of subparagraph (D) of this paragraph, September first, two thousand [fifteen] _________ seventeen and, in the case of a space lease with respect to leased premises located in eligible areas as defined in clause (ii) of subparagraph (D) of this paragraph not later than September first, two thousand [seventeen] ________ nineteen, of premises for use as commercial office space in buildings located or to be located in the eligible areas. A person who currently occupies premises for use as commercial office space under an existing lease in a building in the eligible areas shall not be eligible for exemption under this subdivision unless such existing lease, in the case of a space lease with respect to leased premises located in eligible areas as defined in clause (i) of subparagraph (D) of this paragraph expires according to its terms before September first, two thousand [fifteen] _________ seventeen or such existing lease, in the case of a space lease with respect to leased premises located in eligible areas as defined in clause (ii) of subparagraph (D) of this paragraph and such person enters into a space lease, for a term of ten years or more commencing on or after September first, two thousand five, of premises for use as commercial office space in a building located or to be located in the eligible areas, provided that such space lease with respect to leased premises located in eligible areas as defined in clause (i) of subparagraph (D) of this paragraph commences no later than September first, two thousand [fifteen] ______ seven____ teen, and provided that such space lease with respect to leased premises located in eligible areas as defined in clause (ii) of subparagraph (D) of this paragraph commences no later than September first, two thousand [seventeen] ________ nineteen and provided, further, that such space lease shall AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 21 A. 8323 expire no earlier than ten years after the expiration of the original lease. § 34. Section 2 of part C of chapter 2 of the laws of 2005 amending the tax law relating to exemptions from sales and use taxes, as amended by section 2 of subpart A of part GG of chapter 59 of the laws of 2014, is amended to read as follows: § 2. This act shall take effect September 1, 2005 and shall expire and be deemed repealed on December 1, [2018] ____ 2020, and shall apply to sales made, uses occurring and services rendered on or after such effective date, in accordance with the applicable transitional provisions of sections 1106 and 1217 of the tax law; except that clause (i) of subparagraph (D) of paragraph seven of subdivision (ee) of section 1115 of the tax law, as added by section one of this act, shall expire and be deemed repealed December 1, [2016] ____ 2018. § 35. Subdivision (b) of section 25-z of the general city law, as amended by section 1 of subpart D of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (b) No eligible business shall be authorized to receive a credit under any local law enacted pursuant to this article until the premises with respect to which it is claiming the credit meet the requirements in the definition of eligible premises and until it has obtained a certification of eligibility from the mayor of such city or an agency designated by such mayor, and an annual certification from such mayor or an agency designated by such mayor as to the number of eligible aggregate employment shares maintained by such eligible business that may qualify for obtaining a tax credit for the eligible business' taxable year. Any written documentation submitted to such mayor or such agency or agencies in order to obtain any such certification shall be deemed a written instrument for purposes of section 175.00 of the penal law. Such local law may provide for application fees to be determined by such mayor or such agency or agencies. No such certification of eligibility shall be issued under any local law enacted pursuant to this article to an eligible business on or after July first, two thousand [fifteen] _________ seventeen unless: (1) prior to such date such business has purchased, leased or entered into a contract to purchase or lease particular premises or a parcel on which will be constructed such premises or already owned such premises or parcel; (2) prior to such date improvements have been commenced on such premises or parcel, which improvements will meet the requirements of subdivision (e) of section twenty-five-y of this article relating to expenditures for improvements; (3) prior to such date such business submits a preliminary application for a certification of eligibility to such mayor or such agency or agencies with respect to a proposed relocation to such particular premises; and (4) such business relocates to such particular premises not later than thirty-six months or, in a case in which the expenditures made for the improvements specified in paragraph two of this subdivision are in excess of fifty million dollars within seventy-two months from the date of submission of such preliminary application. § 36. Subdivision (b) of section 25-ee of the general city law, as amended by section 2 of subpart D of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (b) No eligible business or special eligible business shall be authorized to receive a credit against tax under any local law enacted pursu- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 22 A. 8323 ant to this article until the premises with respect to which it is claiming the credit meet the requirements in the definition of eligible premises and until it has obtained a certification of eligibility from the mayor of such city or any agency designated by such mayor, and an annual certification from such mayor or an agency designated by such mayor as to the number of eligible aggregate employment shares maintained by such eligible business or such special eligible business that may qualify for obtaining a tax credit for the eligible business' taxable year. No special eligible business shall be authorized to receive a credit against tax under the provisions of this article unless the number of relocated employee base shares calculated pursuant to subdivision (o) of section twenty-five-dd of this article is equal to or greater than the lesser of twenty-five percent of the number of New York city base shares calculated pursuant to subdivision (p) of such section and two hundred fifty employment shares. Any written documentation submitted to such mayor or such agency or agencies in order to obtain any such certification shall be deemed a written instrument for purposes of section 175.00 of the penal law. Such local law may provide for application fees to be determined by such mayor or such agency or agencies. No certification of eligibility shall be issued under any local law enacted pursuant to this article to an eligible business on or after July first, two thousand [fifteen] _________ seventeen unless: (1) prior to such date such business has purchased, leased or entered into a contract to purchase or lease premises in the eligible Lower Manhattan area or a parcel on which will be constructed such premises; (2) prior to such date improvements have been commenced on such premises or parcel, which improvements will meet the requirements of subdivision (e) of section twenty-five-dd of this article relating to expenditures for improvements; (3) prior to such date such business submits a preliminary application for a certification of eligibility to such mayor or such agency or agencies with respect to a proposed relocation to such premises; and (4) such business relocates to such premises as provided in subdivision (j) of section twenty-five-dd of this article not later than thirty-six months or, in a case in which the expenditures made for the improvements specified in paragraph two of this subdivision are in excess of fifty million dollars within seventy-two months from the date of submission of such preliminary application. § 37. Subdivision (b) of section 22-622 of the administrative code of the city of New York, as amended by section 3 of subpart D of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (b) No eligible business shall be authorized to receive a credit against tax or a reduction in base rent subject to tax under the provisions of this chapter, and of title eleven of the code as described in subdivision (a) of this section, until the premises with respect to which it is claiming the credit meet the requirements in the definition of eligible premises and until it has obtained a certification of eligibility from the mayor or an agency designated by the mayor, and an annual certification from the mayor or an agency designated by the mayor as to the number of eligible aggregate employment shares maintained by such eligible business that may qualify for obtaining a tax credit for the eligible business' taxable year. Any written documentation submitted to the mayor or such agency or agencies in order to obtain any such certification shall be deemed a written instrument for purposes of section 175.00 of the penal law. Application fees for such certifications shall be determined by the mayor or such agency or agencies. No certification AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 23 A. 8323 of eligibility shall be issued to an eligible business on or after July first, two thousand [fifteen] _________ seventeen unless: (1) prior to such date such business has purchased, leased or entered into a contract to purchase or lease particular premises or a parcel on which will be constructed such premises or already owned such premises or parcel; (2) prior to such date improvements have been commenced on such premises or parcel which improvements will meet the requirements of subdivision (e) of section 22-621 of this chapter relating to expenditures for improvements; (3) prior to such date such business submits a preliminary application for a certification of eligibility to such mayor or such agency or agencies with respect to a proposed relocation to such particular premises; and (4) such business relocates to such particular premises not later than thirty-six months or, in a case in which the expenditures made for improvements specified in paragraph two of this subdivision are in excess of fifty million dollars within seventy-two months from the date of submission of such preliminary application. § 38. Subdivision (b) of section 22-624 of the administrative code of the city of New York, as amended by section 4 of subpart D of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (b) No eligible business or special eligible business shall be authorized to receive a credit against tax under the provisions of this chapter, and of title eleven of the code as described in subdivision (a) of this section, until the premises with respect to which it is claiming the credit meet the requirements in the definition of eligible premises and until it has obtained a certification of eligibility from the mayor or an agency designated by the mayor, and an annual certification from the mayor or an agency designated by the mayor as to the number of eligible aggregate employment shares maintained by such eligible business or special eligible business that may qualify for obtaining a tax credit for the eligible business' taxable year. No special eligible business shall be authorized to receive a credit against tax under the provisions of this chapter and of title eleven of the code unless the number of relocated employee base shares calculated pursuant to subdivision (o) of section 22-623 of this chapter is equal to or greater than the lesser of twenty-five percent of the number of New York city base shares calculated pursuant to subdivision (p) of such section 22-623, and two hundred fifty employment shares. Any written documentation submitted to the mayor or such agency or agencies in order to obtain any such certification shall be deemed a written instrument for purposes of section 175.00 of the penal law. Application fees for such certifications shall be determined by the mayor or such agency or agencies. No certification of eligibility shall be issued to an eligible business on or after July first, two thousand [fifteen] _________ seventeen unless: (1) prior to such date such business has purchased, leased or entered into a contract to purchase or lease premises in the eligible Lower Manhattan area or a parcel on which will be constructed such premises; (2) prior to such date improvements have been commenced on such premises or parcel, which improvements will meet the requirements of subdivision (e) of section 22-623 of this chapter relating to expenditures for improvements; (3) prior to such date such business submits a preliminary application for a certification of eligibility to such mayor or such agency or agencies with respect to a proposed relocation to such premises; and AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 24 A. 8323 (4) such business relocates to such premises not later than thirty-six months or, in a case in which the expenditures made for the improvements specified in paragraph two of this subdivision are in excess of fifty million dollars within seventy-two months from the date of submission of such preliminary application. § 39. Paragraph 1 of subdivision (b) of section 25-s of the general city law, as amended by section 1 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (1) non-residential premises that are wholly contained in property that is eligible to obtain benefits under title two-D or two-F of article four of the real property tax law, or would be eligible to receive benefits under such article except that such property is exempt from real property taxation and the requirements of paragraph (b) of subdivision seven of section four hundred eighty-nine-dddd of such title two-D, or the requirements of subparagraph (ii) of paragraph (b) of subdivision five of section four hundred eighty-nine-cccccc of such title two-F, whichever is applicable, have not been satisfied, provided that application for such benefits was made after May third, nineteen hundred eighty-five and prior to July first, two thousand [fifteen] _________ seventeen, that construction or renovation of such premises was described in such application, that such premises have been substantially improved by such construction or renovation so described, that the minimum required expenditure as defined in such title two-D or two-F, whichever is applicable, has been made, and that such real property is located in an eligible area; or § 40. Paragraph 3 of subdivision (b) of section 25-s of the general city law, as amended by section 2 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (3) non-residential premises that are wholly contained in real property that has obtained approval after October thirty-first, two thousand and prior to July first, two thousand [fifteen] _________ seventeen for financing by an industrial development agency established pursuant to article eighteen-A of the general municipal law, provided that such financing has been used in whole or in part to substantially improve such premises (by construction or renovation), and that expenditures have been made for improvements to such real property in excess of ten per centum of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced, that such expenditures have been made within thirty-six months after the earlier of (i) the issuance by such agency of bonds for such financing, or (ii) the conveyance of title to such property to such agency, and that such real property is located in an eligible area; or § 41. Paragraph 5 of subdivision (b) of section 25-s of the general city law, as amended by section 3 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (5) non-residential premises that are wholly contained in real property owned by such city or the New York state urban development corporation, or a subsidiary thereof, a lease for which was approved in accordance with the applicable provisions of the charter of such city or by the board of directors of such corporation, and such approval was obtained after October thirty-first, two thousand and prior to July first, two thousand [fifteen] _________ seventeen, provided, however, that such premises were constructed or renovated subsequent to such approval, that expenditures have been made subsequent to such approval for improvements to such real property (by construction or renovation) in excess of ten per centum of the value at which such real property was assessed for tax AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 25 A. 8323 purposes for the tax year in which such improvements commenced, that such expenditures have been made within thirty-six months after the effective date of such lease, and that such real property is located in an eligible area; or § 42. Paragraph 2 of subdivision (c) of section 25-t of the general city law, as amended by section 4 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (2) No eligible energy user, qualified eligible energy user, on-site cogenerator, or clean on-site cogenerator shall receive a rebate pursuant to this article until it has obtained a certification from the appropriate city agency in accordance with a local law enacted pursuant to this section. No such certification for a qualified eligible energy user shall be issued on or after November first, two thousand. No such certification of any other eligible energy user, on-site cogenerator, or clean on-site cogenerator shall be issued on or after July first, two thousand [fifteen] _________ seventeen. § 43. Paragraph 1 of subdivision (a) of section 25-aa of the general city law, as amended by section 5 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (1) is eligible to obtain benefits under title two-D or two-F of article four of the real property tax law, or would be eligible to receive benefits under such title except that such property is exempt from real property taxation and the requirements of paragraph (b) of subdivision seven of section four hundred eighty-nine-dddd of such title two-D, or the requirements of subparagraph (ii) of paragraph (b) of subdivision five of section four hundred eighty-nine-cccccc of such title two-F, whichever is applicable, of the real property tax law have not been satisfied, provided that application for such benefits was made after the thirtieth day of June, nineteen hundred ninety-five and before the first day of July, two thousand [fifteen] _________ seventeen, that construction or renovation of such building or structure was described in such application, that such building or structure has been substantially improved by such construction or renovation, and (i) that the minimum required expenditure as defined in such title has been made, or (ii) where there is no applicable minimum required expenditure, the building was constructed within such period or periods of time established by title two-D or two-F, whichever is applicable, of article four of the real property tax law for construction of a new building or structure; or § 44. Paragraphs 2 and 3 of subdivision (a) of section 25-aa of the general city law, as amended by section 6 of subpart E of part GG of chapter 59 of the laws of 2014, are amended to read as follows: (2) has obtained approval after the thirtieth day of June, nineteen hundred ninety-five and before the first day of July, two thousand [fifteen] _________ seventeen, for financing by an industrial development agency established pursuant to article eighteen-A of the general municipal law, provided that such financing has been used in whole or in part to substantially improve such building or structure by construction or renovation, that expenditures have been made for improvements to such real property in excess of twenty per centum of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced, and that such expenditures have been made within thirty-six months after the earlier of (i) the issuance by such agency of bonds for such financing, or (ii) the conveyance of title to such building or structure to such agency; or (3) is owned by the city of New York or the New York state urban development corporation, or a subsidiary corporation thereof, a lease AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 26 A. 8323 for which was approved in accordance with the applicable provisions of the charter of such city or by the board of directors of such corporation, as the case may be, and such approval was obtained after the thirtieth day of June, nineteen hundred ninety-five and before the first day of July, two thousand [fifteen] _________ seventeen, provided that expenditures have been made for improvements to such real property in excess of twenty per centum of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced, and that such expenditures have been made within thirty-six months after the effective date of such lease; or § 45. Subdivision (f) of section 25-bb of the general city law, as amended by section 7 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (f) Application and certification. An owner or lessee of a building or structure located in an eligible revitalization area, or an agent of such owner or lessee, may apply to such department of small business services for certification that such building or structure is an eligible building or targeted eligible building meeting the criteria of subdivision (a) or (q) of section twenty-five-aa of this article. Application for such certification must be filed after the thirtieth day of June, nineteen hundred ninety-five and before a building permit is issued for the construction or renovation required by such subdivisions and before the first day of July, two thousand [fifteen] _________ seventeen, provided that no certification for a targeted eligible building shall be issued after October thirty-first, two thousand. Such application shall identify expenditures to be made that will affect eligibility under such subdivision (a) or (q). Upon completion of such expenditures, an applicant shall supplement such application to provide information (i) establishing that the criteria of such subdivision (a) or (q) have been met; (ii) establishing a basis for determining the amount of special rebates, including a basis for an allocation of the special rebate among eligible revitalization area energy users purchasing or otherwise receiving energy services from an eligible redistributor of energy or a qualified eligible redistributor of energy; and (iii) supporting an allocation of charges for energy services between eligible charges and other charges. Such department shall certify a building or structure as an eligible building or targeted eligible building after receipt and review of such information and upon a determination that such information establishes that the building or structure qualifies as an eligible building or targeted eligible building. Such department shall mail such certification or notice thereof to the applicant upon issuance. Such certification shall remain in effect provided the eligible redistributor of energy or qualified eligible redistributor of energy reports any changes that materially affect the amount of the special rebates to which it is entitled or the amount of reduction required by subdivision (c) of this section in an energy services bill of an eligible revitalization area energy user and otherwise complies with the requirements of this article. Such department shall notify the private utility or public utility service required to make a special rebate to such redistributor of the amount of such special rebate established at the time of certification and any changes in such amount and any suspension or termination by such department of certification under this subdivision. Such department may require some or all of the information required as part of an application or other report be provided by a licensed engineer. § 46. Paragraph 1 of subdivision (i) of section 22-601 of the administrative code of the city of New York, as amended by section 8 of subpart AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 27 A. 8323 E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (1) Non-residential premises that are wholly contained in property that is eligible to obtain benefits under part four or part five of subchapter two of chapter two of title eleven of this code, or would be eligible to receive benefits under such chapter except that such property is exempt from real property taxation and the requirements of paragraph two of subdivision g of section 11-259 of this code, or the requirements of subparagraph (b) of paragraph two of subdivision e of section 11-270 of this code, whichever is applicable, have not been satisfied, provided that application for such benefits was made after May third, nineteen hundred eighty-five and prior to July first, two thousand [fifteen] _________ seventeen, that construction or renovation of such premises was described in such application, that such premises have been substantially improved by such construction or renovation so described, that the minimum required expenditure as defined in such part four or part five, whichever is applicable, has been made, and that such real property is located in an eligible area; or § 47. Paragraph 3 of subdivision (i) of section 22-601 of the administrative code of the city of New York, as amended by section 9 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (3) non-residential premises that are wholly contained in real property that has obtained approval after October thirty-first, two thousand and prior to July first, two thousand [fifteen] _________ seventeen for financing by an industrial development agency established pursuant to article eighteen-A of the general municipal law, provided that such financing has been used in whole or in part to substantially improve such premises (by construction or renovation), and that expenditures have been made for improvements to such real property in excess of ten per centum of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced, that such expenditures have been made within thirty-six months after the earlier of (i) the issuance by such agency of bonds for such financing, or (ii) the conveyance of title to such property to such agency, and that such real property is located in an eligible area; or § 48. Paragraph 5 of subdivision (i) of section 22-601 of the administrative code of the city of New York, as amended by section 10 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (5) non-residential premises that are wholly contained in real property owned by such city or the New York state urban development corporation, or a subsidiary thereof, a lease for which was approved in accordance with the applicable provisions of the charter of such city or by the board of directors of such corporation, and such approval was obtained after October thirty-first, two thousand and prior to July first, two thousand [fifteen] _________ seventeen, provided, however, that such premises were constructed or renovated subsequent to such approval, that expenditures have been made subsequent to such approval for improvements to such real property (by construction or renovation) in excess of ten per centum of the value at which such real property was assessed for tax purposes for the tax year in which such improvements commenced, that such expenditures have been made within thirty-six months after the effective date of such lease, and that such real property is located in an eligible area; or AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 28 A. 8323 § 49. Paragraph 1 of subdivision (c) of section 22-602 of the administrative code of the city of New York, as amended by section 11 of subpart E of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (1) No eligible energy user, qualified eligible energy user, on-site cogenerator, clean on-site cogenerator or special eligible energy user shall receive a rebate pursuant to this chapter until it has obtained a certification as an eligible energy user, qualified eligible energy user, on-site cogenerator, clean on-site cogenerator or special eligible energy user, respectively, from the commissioner of small business services. No such certification for a qualified eligible energy user shall be issued on or after July first, two thousand three. No such certification of any other eligible energy user, on-site cogenerator or clean on-site cogenerator shall be issued on or after July first, two thousand [fifteen] _________ seventeen. The commissioner of small business services, after notice and hearing, may revoke a certification issued pursuant to this subdivision where it is found that eligibility criteria have not been met or that compliance with conditions for continued eligibility has not been maintained. The corporation counsel may maintain a civil action to recover an amount equal to any benefits improperly obtained. § 50. Subparagraph (b-2) of paragraph 2 of subdivision i of section 11-704 of the administrative code of the city of New York, as amended by section 1 of subpart F of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (b-2) The amount of the special reduction allowed by this subdivision with respect to a lease other than a sublease commencing between July first, two thousand five and June thirtieth, two thousand [fifteen] _________ seventeen with an initial or renewal lease term of at least five years shall be determined as follows: (i) For the base year the amount of such special reduction shall be equal to the base rent for the base year. (ii) For the first, second, third and fourth twelve-month periods following the base year the amount of such special reduction shall be equal to the lesser of (A) the base rent for each such twelve-month period or (B) the base rent for the base year. § 51. Subdivision 9 of section 499-aa of the real property tax law, as amended by section 1 of subpart G of part GG of chapter 59 of the laws of 2014, is amended to read as follows: 9. "Eligibility period." The period commencing April first, nineteen hundred ninety-five and terminating March thirty-first, two thousand one, provided, however, that with respect to eligible premises defined in subparagraph (i) of paragraph (b) of subdivision ten of this section, the period commencing July first, two thousand and terminating June thirtieth, two thousand [sixteen] ________ eighteen, and provided, further, however, that with respect to eligible premises defined in subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten of this section, the period commencing July first, two thousand five and terminating June thirtieth, two thousand [sixteen] ________ eighteen. § 52. Subparagraph (iii) of paragraph (a) of subdivision 3 of section 499-cc of the real property tax law, as amended by section 2 of subpart G of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (iii) With respect to the eligible premises defined in subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision ten of section four hundred ninety-nine-aa of this title and for purposes of determin- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 29 A. 8323 ing whether the amount of expenditures required by subdivision one of this section have been satisfied, expenditures on improvements to the common areas of an eligible building shall be included only if work on such improvements commenced and the expenditures are made on or after July first, two thousand five and on or before December thirty-first, two thousand [sixteen] ________ eighteen; provided, however, that expenditures on improvements to the common areas of an eligible building made prior to three years before the lease commencement date shall not be included. § 53. Subdivisions 5 and 9 of section 499-a of the real property tax law, as amended by section 1 of subpart B of part GG of chapter 59 of the laws of 2014, are amended to read as follows: 5. "Benefit period." The period commencing with the first day of the month immediately following the rent commencement date and terminating no later than sixty months thereafter, provided, however, that with respect to a lease commencing on or after April first, nineteen hundred ninety-seven with an initial lease term of less than five years, but not less than three years, the period commencing with the first day of the month immediately following the rent commencement date and terminating no later than thirty-six months thereafter. Notwithstanding the foregoing sentence, a benefit period shall expire no later than March thirtyfirst, two thousand [twenty-two] ___________ twenty-four. 9. "Eligibility period." The period commencing April first, nineteen hundred ninety-five and terminating March thirty-first, two thousand [sixteen] ________ eighteen. § 54. Paragraph (a) of subdivision 3 of section 499-c of the real property tax law, as amended by section 2 of subpart B of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (a) For purposes of determining whether the amount of expenditures required by subdivision one of this section have been satisfied, expenditures on improvements to the common areas of an eligible building shall be included only if work on such improvements commenced and the expenditures are made on or after April first, nineteen hundred ninety-five and on or before September thirtieth, two thousand [sixteen] ________ eighteen; provided, however, that expenditures on improvements to the common areas of an eligible building made prior to three years before the lease commencement date shall not be included. § 55. Subdivision 8 of section 499-d of the real property tax law, as amended by section 3 of subpart B of part GG of chapter 59 of the laws of 2014, is amended to read as follows: 8. Leases commencing on or after April first, nineteen hundred ninety-seven shall be subject to the provisions of this title as amended by chapter six hundred twenty-nine of the laws of nineteen hundred ninetyseven, chapter one hundred eighteen of the laws of two thousand one, chapter four hundred forty of the laws of two thousand three, chapter sixty of the laws of two thousand seven, chapter twenty-two of the laws of two thousand ten, __________________________________________________ chapter fifty-nine of the laws of two thousand ________ fourteen and the chapter of the laws of two thousand [fourteen] _______ fifteen that added this phrase. Notwithstanding any other provision of law to the contrary, with respect to leases commencing on or after April first, nineteen hundred ninety-seven, an application for a certificate of abatement shall be considered timely filed if filed within one hundred eighty days following the lease commencement date or within sixty days following the date chapter six hundred twenty-nine of the laws of nineteen hundred ninety-seven became a law, whichever is later. § 56. Subparagraph (a) of paragraph 2 of subdivision i of section 11-704 of the administrative code of the city of New York, as amended by AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 30 A. 8323 section 4 of subpart B of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (a) An eligible tenant of eligible taxable premises shall be allowed a special reduction in determining the taxable base rent for such eligible taxable premises. Such special reduction shall be allowed with respect to the rent for such eligible taxable premises for a period not exceeding sixty months or, with respect to a lease commencing on or after April first, nineteen hundred ninety-seven with an initial lease term of less than five years, but not less than three years, for a period not exceeding thirty-six months, commencing on the rent commencement date applicable to such eligible taxable premises, provided, however, that in no event shall any special reduction be allowed for any period beginning after March thirty-first, two thousand [twenty-two] ___________ twenty-four. For purposes of applying such special reduction, the base rent for the base year shall, where necessary to determine the amount of the special reduction allowable with respect to any number of months falling within a tax period, be prorated by dividing the base rent for the base year by twelve and multiplying the result by such number of months. § 57. Paragraph (a) of subdivision 1 of section 489-dddddd of the real property tax law, as amended by section 1 of subpart C of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (a) Application for benefits pursuant to this title may be made immediately following the effective date of a local law enacted pursuant to this title and continuing until March first, two thousand [seventeen] ________ nineteen. § 58. Subdivision 3 of section 489-dddddd of the real property tax law, as amended by section 2 of subpart C of part GG of chapter 59 of the laws of 2014, is amended to read as follows: 3. (a) No benefits pursuant to this title shall be granted for construction work performed pursuant to a building permit issued after April first, two thousand [seventeen] ________ nineteen. (b) If no building permit was required, then no benefits pursuant to this title shall be granted for construction work that is commenced after April first, two thousand [seventeen] ________ nineteen. § 59. Paragraph 1 of subdivision a of section 11-271 of the administrative code of the city of New York, as amended by section 3 of subpart C of part GG of chapter 59 of the laws of 2014, is amended to read as follows: (1) Application for benefits pursuant to this part may be made immediately following the effective date of the local law that added this section and continuing until March first, two thousand [seventeen] _____ nine____ teen. § 60. Subdivision c of section 11-271 of the administrative code of the city of New York, as amended by section 4 of subpart C of part GG of chapter 59 of the laws of 2014, is amended to read as follows: c. (1) No benefits pursuant to this part shall be granted for construction work performed pursuant to a building permit issued after April first, two thousand [seventeen] ________ nineteen. (2) If no building permit was required, then no benefits pursuant to this part shall be granted for construction work that is commenced after April first, two thousand [seventeen] ________ nineteen. § 60-a. Subparagraph (A) of paragraph 2 of subdivision (f) of section 11-1706 of the administrative code of the city of New York, as added by chapter 4 of the laws of 2013, is amended to read as follows: AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 31 A. 8323 (A) Subject to the limitations set forth in subparagraphs (B) and (C) of this paragraph, the credit allowed to a taxpayer for a taxable year under this subdivision shall be determined as follows: (i) For taxable years beginning on or after January first, two thousand fourteen and before July first, two thousand [fifteen] ________ nineteen: (I) If the city taxable income is thirty-five thousand dollars or less, the amount of the credit shall be one hundred percent of the amount determined in paragraph three of this subdivision. (II) If the city taxable income is greater than thirty-five thousand dollars but less than one hundred thousand dollars, the amount of the credit shall be a percentage of the amount determined in paragraph three of this subdivision, such percentage to be determined by subtracting from one hundred percent, a percentage determined by subtracting thirty-five thousand dollars from city taxable income, dividing the result by sixty-five thousand dollars and multiplying by one hundred percent. (III) If the city taxable income is one hundred thousand dollars or greater, no credit shall be allowed. (IV) Provided further that for any taxable year of a taxpayer for which this credit is effective that encompasses days occurring after June thirtieth, two thousand [fifteen] ________ nineteen, the amount of the credit determined in item (I) or (II) of this clause shall be multiplied by a fraction, the numerator of which is the number of days in the taxpayer's taxable year occurring on or before June thirtieth, two thousand [fifteen] ________ nineteen, and the denominator of which is the number of days in the taxpayer's taxable year. § 61. Paragraphs (a) and (b) of subdivision 2 of section 467-a of the real property tax law, as amended by chapter 4 of the laws of 2013, are amended to read as follows: (a) In a city having a population of one million or more, dwelling units owned by unit owners who, as of the applicable taxable status date, own no more than three dwelling units in any one property held in the condominium form of ownership, shall be eligible to receive a partial abatement of real property taxes, as set forth in paragraphs (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivision; provided, however, that a property held in the condominium form of ownership that is receiving complete or partial real property tax exemption or tax abatement pursuant to any other provision of this chapter or any other state or local law, except as provided in paragraph (f) of this subdivision, shall not be eligible to receive a partial abatement pursuant to this section; and provided, further, that sponsors shall not be eligible to receive a partial abatement pursuant to this section; and provided, further, that in the fiscal [year] _____ years commencing in calendar years two thousand twelve, two thousand thirteen, [or] two thousand fourteen, _________________________________________________ two thousand fifteen, two thousand sixteen, two ___________________________________________ thousand seventeen or two thousand eighteen no more than a maximum of three dwelling units owned by any unit owner in a single building, one of which must be the primary residence of such unit owner, shall be eligible to receive a partial abatement pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4) of this [section] ___________ subdivision. (b) In a city having a population of one million or more, dwelling units owned by tenant-stockholders who, as of the applicable taxable status date, own no more than three dwelling units in any one property held in the cooperative form of ownership, shall be eligible to receive a partial abatement of real property taxes, as set forth in paragraphs (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivision; provided, however, that a property held in the cooperative form of AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 32 A. 8323 ownership that is receiving complete or partial real property tax exemption or tax abatement pursuant to any other provision of this chapter or any other state or local law, except as provided in paragraph (f) of this subdivision, shall not be eligible to receive a partial abatement pursuant to this section; and provided, further, that sponsors shall not be eligible to receive a partial abatement pursuant to this section; and provided, further, that in the fiscal [year] _____ years commencing in calendar years two thousand twelve, two thousand thirteen [or], _ two thousand fourteen, _________________________________________________ two thousand fifteen, two thousand sixteen, two ___________________________________________ thousand seventeen or two thousand eighteen no more than a maximum of three dwelling units owned by any tenant-stockholder in a single building, one of which must be the primary residence of such tenant-stockholder, shall be eligible to receive a partial abatement pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4) of this [section] ___________ subdivision. For purposes of this section, a tenant-stockholder of a cooperative apartment corporation shall be deemed to own the dwelling unit which is represented by his or her shares of stock in such corporation. Any abatement so granted shall be credited by the appropriate taxing authority against the tax due on the property as a whole. The reduction in real property taxes received thereby shall be credited by the cooperative apartment corporation against the amount of such taxes attributable to eligible dwelling units at the time of receipt. § 62. Paragraphs (d-1), (d-2), (d-3) and (d-4) of subdivision 2 of section 467-a of the real property tax law, as added by chapter 4 of the laws of 2013, are amended to read as follows: (d-1) In the fiscal years commencing in calendar [year] _____ years two thousand twelve, two thousand thirteen and two thousand fourteen, eligible dwelling units in property whose average unit assessed value is less than or equal to fifty thousand dollars shall receive a partial abatement of the real property taxes attributable to or due on such dwelling units of twenty-five percent, twenty-six and one-half percent and twenty-eight and one-tenth percent respectively. ______________________ In the fiscal years ________________________________________________________________________ commencing in calendar years two thousand fifteen, two thousand sixteen, ________________________________________________________________________ two thousand seventeen and two thousand eighteen eligible dwelling units ________________________________________________________________________ in property whose average unit assessed value is less than or equal to ________________________________________________________________________ fifty thousand dollars shall receive a partial abatement of the real ________________________________________________________________________ property taxes attributable to or due on such dwelling units of twenty____________________________ eight and one-tenth percent. (d-2) In the fiscal years commencing in calendar [year] _____ years two thousand twelve, two thousand thirteen and two thousand fourteen, eligible dwelling units in property whose average unit assessed value is more than fifty thousand dollars, but less than or equal to fifty-five thousand dollars, shall receive a partial abatement of the real property taxes attributable to or due on such dwelling units of twenty-two and one-half percent, twenty-three and eight-tenths percent and twenty-five and two-tenths percent respectively. _________________________________ In the fiscal years commencing in ________________________________________________________________________ calendar years two thousand fifteen, two thousand sixteen, two thousand ________________________________________________________________________ seventeen and two thousand eighteen eligible dwelling units in property ________________________________________________________________________ whose average unit assessed value is more than fifty thousand dollars, ________________________________________________________________________ but less than or equal to fifty-five thousand dollars, shall receive a ________________________________________________________________________ partial abatement of the real property taxes attributable to or due on __________________________________________________________ such dwelling units of twenty-five and two-tenths percent. (d-3) In the fiscal years commencing in calendar [year] _____ years two thousand twelve, two thousand thirteen and two thousand fourteen, eligible dwelling units in property whose average unit assessed value is more than fifty-five thousand dollars, but less than or equal to sixty thou- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 33 A. 8323 sand dollars, shall receive a partial abatement of the real property taxes attributable to or due on such dwelling units of twenty percent, twenty-one and two-tenths percent, and twenty-two and five-tenths percent respectively. ________________________________________________ In the fiscal years commencing in calendar years ________________________________________________________________________ two thousand fifteen, two thousand sixteen, two thousand seventeen and ________________________________________________________________________ two thousand eighteen eligible dwelling units in property whose average ________________________________________________________________________ unit assessed value is more than fifty-five thousand dollars, but less ________________________________________________________________________ than or equal to sixty thousand dollars, shall receive a partial abate________________________________________________________________________ ment of the real property taxes attributable to or due on such dwelling ____________________________________________ units of twenty-two and five-tenths percent. (d-4) In the fiscal years commencing in calendar [year] _____ years two thousand twelve, two thousand thirteen [and], _ two thousand fourteen, _____ two ________________________________________________________________________ thousand fifteen, two thousand sixteen, two thousand seventeen and two __________________ thousand eighteen, eligible dwelling units in property whose average unit assessed value is more than sixty thousand dollars shall receive a partial abatement of the real property taxes attributable to or due on such dwelling units of seventeen and one-half percent. § 63. Paragraph (a) of subdivision 3 of section 467-a of the real property tax law, as amended by chapter 4 of the laws of 2013, is amended to read as follows: (a) An application for an abatement pursuant to this section for the fiscal year commencing in calendar year nineteen hundred ninety-six shall be made no later than the fifteenth day of September, nineteen hundred ninety-six. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year nineteen hundred ninety-seven shall be made no later than the first day of April, nineteen hundred ninety-seven. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year nineteen hundred ninety-eight shall be made no later than the first day of April, nineteen hundred ninety-eight. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year nineteen hundred ninety-nine shall be made in accordance with this subdivision and subdivision three-a of this section. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand shall be made no later than the fifteenth day of February, two thousand. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand one shall be made in accordance with this subdivision and subdivision three-b of this section. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand two shall be made no later than the fifteenth day of February, two thousand two. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand three shall be made no later than the fifteenth day of February, two thousand three. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand four shall be made in accordance with this subdivision and subdivision three-c of this section. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand five shall be made no later than the fifteenth day of February, two thousand five. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand six shall be made no later than the fifteenth day of February, two thousand six. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand seven shall be made no later than the fifteenth day of February, two thousand seven. An application for abate- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 34 A. 8323 ment pursuant to this section for the fiscal year commencing in calendar year two thousand eight shall be made in accordance with this subdivision and subdivision three-d of this section. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand nine shall be made no later than the fifteenth day of February, two thousand nine. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand ten shall be made no later than the fifteenth day of February, two thousand ten. An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand eleven shall be made no later than the fifteenth day of February, two thousand eleven. An application for an abatement pursuant to this section for the fiscal years commencing in calendar years two thousand twelve and two thousand thirteen shall be made in accordance with subdivision three-e of this section. The date or dates by which applications for an abatement pursuant to this section shall be made for the fiscal [year] _____ years beginning in calendar [year] _____ years two thousand fourteen, ________________________________________________________________ two thousand fifteen, two thousand sixteen, two thousand ____________________________________ seventeen and two thousand eighteen shall be established by the commissioner of finance by rule, provided that such date or dates shall not be later than the fifteenth day of February for such calendar [year] _____ years. § 63-a. Clause (A) of subparagraph (iv) of paragraph (a) of subdivision 2 of section 421-a of the real property tax law, as amended by chapter 432 of the laws of 1998, the opening paragraph as amended by chapter 19 of the laws of 2015, is amended to read as follows: (A) Unless excluded by local law, in the city of New York, the 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 twenty-third] ______________________ December thirty-first, two thousand fifteen _______________________________________________________________ provided, however, that such a multiple dwelling receives its ________________________________________________________________________ first temporary or permanent certificate of occupancy covering all resi________________________________________________________________________ dential areas on or before December thirty-first, two thousand nineteen, ________________________________________________________________________ and solely for purposes of determining whether this clause applies and ________________________________________________________________________ notwithstanding any local law to the contrary, "commence" shall mean the ________________________________________________________________________ date upon which excavation and construction of initial footings and ________________________________________________________________________ foundations lawfully begins in good faith or, for an eligible conver________________________________________________________________________ sion, the date upon which the actual construction of the conversion, ________________________________________________________________________ alteration or improvement of the pre-existing building or structure ______________________________ lawfully begins in good faith, only if: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units are affordable to families of low and moderate income. § 63-b. Subparagraph (ii) of paragraph (c) of subdivision 2 of section 421-a of the real property tax law, as amended chapter 19 of the laws of 2015, is amended to read as follows: (ii) construction is commenced after January first, nineteen hundred seventy-five and _____ on or before [June twenty-third] _____________________ December thirty-first, two thousand fifteen provided, however, that __________________________ (A) such a multiple dwell________________________________________________________________________ ing receives its first temporary or permanent certificate of occupancy ________________________________________________________________________ covering all residential areas on or before December thirty-first, two ________________________________________________________________________ thousand nineteen, (B) solely for purposes of determining whether this AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 35 A. 8323 ________________________________________________________________________ subparagraph applies and notwithstanding any local law to the contrary, ________________________________________________________________________ "commence" shall mean the date upon which excavation and construction of ________________________________________________________________________ initial footings and foundations lawfully begins in good faith or, for ________________________________________________________________________ an eligible conversion, the date upon which the actual construction of ________________________________________________________________________ the conversion, alteration or improvement of the pre-existing building ______________________________________________________ or structure lawfully begins in good faith, and (C) such commencement period shall not apply to multiple dwellings eligible for benefits under subparagraph (iv) of paragraph (a) of this subdivision; § 63-c. Section 421-a of the real property tax law is amended by adding three new subdivisions 16, 16-a' and 17 to read as follows: __________________________________________________________ 16. (a) Definitions. For the purposes of this subdivision: ______________________________________________________________________ (i) "421-a benefits" shall mean exemption from real property taxation _____________________________ pursuant to this subdivision. ______________________________________________________________________ (ii) "Affordability option A" shall mean that, within any eligible ________________________________________________________________________ site: (A) not less than ten percent of the dwelling units are affordable ________________________________________________________________________ housing forty percent units; (B) not less than an additional ten percent ________________________________________________________________________ of the dwelling units are affordable housing sixty percent units; (C) ________________________________________________________________________ not less than an additional five percent of the dwelling units are ________________________________________________________________________ affordable housing one hundred thirty percent units; and (D) such eligi________________________________________________________________________ ble site is developed without the substantial assistance of grants, ________________________________________________________________________ loans or subsidies provided by a federal, state or local governmental ________________________________________________________________________ agency or instrumentality pursuant to a program for the development of ________________________________________________________________________ affordable housing, except that such eligible site may receive tax __________________________________________________ exempt bond proceeds and four percent tax credits. ______________________________________________________________________ (iii) "Affordability option B" shall mean that, within any eligible ________________________________________________________________________ site, (A) not less than ten percent of the dwelling units are affordable ________________________________________________________________________ housing seventy percent units, and (B) not less than an additional twen________________________________________________________________________ ty percent of the dwelling units are affordable housing one hundred _____________________ thirty percent units. ______________________________________________________________________ (iv) "Affordability option C" shall mean that, within any eligible ________________________________________________________________________ site excluding the geographic area south of ninety-sixth street in the ________________________________________________________________________ borough of Manhattan, and all other geographic areas in the city of New ________________________________________________________________________ York excluded pursuant to local law, (A) not less than thirty percent of ________________________________________________________________________ the dwelling units are affordable housing one hundred thirty percent ________________________________________________________________________ units, and (B) such eligible site is developed without the substantial ________________________________________________________________________ assistance of grants, loans or subsidies provided by a federal, state or ________________________________________________________________________ local governmental agency or instrumentality pursuant to a program for ______________________________________ the development of affordable housing. ______________________________________________________________________ (v) "Affordability option D" shall only apply to a homeownership ________________________________________________________________________ project, of which one hundred percent of the units shall have an average ________________________________________________________________________ assessed value not to exceed sixty-five thousand dollars upon the first ________________________________________________________________________ assessment following the completion date and where each owner of any ________________________________________________________________________ such unit shall agree, in writing, to maintain such unit as their prima________________________________________________________________________ ry residence for no less than five years from the acquisition of such _____ unit. ______________________________________________________________________ (vi) "Affordability percentage" shall mean a fraction, the numerator ________________________________________________________________________ of which is the number of affordable housing units in an eligible site ________________________________________________________________________ and the denominator of which is the total number of dwelling units in ___________________ such eligible site. ______________________________________________________________________ (vii) "Affordable housing forty percent unit" shall mean a dwelling ________________________________________________________________________ unit that: (A) is situated within the eligible site for which 421-a ________________________________________________________________________ benefits are granted; and (B) upon initial rental and upon each subse________________________________________________________________________ quent rental following a vacancy during the restriction period, is ________________________________________________________________________ affordable to and restricted to occupancy by individuals or families ________________________________________________________________________ whose household income does not exceed forty percent of the area median AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 36 A. 8323 ________________________________________________________________________ income, adjusted for family size, at the time that such household ______________________________________ initially occupies such dwelling unit. ______________________________________________________________________ (viii) "Affordable housing sixty percent unit" shall mean a dwelling ________________________________________________________________________ unit that: (A) is situated within the eligible site for which 421-a ________________________________________________________________________ benefits are granted; and (B) upon initial rental and upon each subse________________________________________________________________________ quent rental following a vacancy during the restriction period, is ________________________________________________________________________ affordable to and restricted to occupancy by individuals or families ________________________________________________________________________ whose household income does not exceed sixty percent of the area median ________________________________________________________________________ income, adjusted for family size, at the time that such household ______________________________________ initially occupies such dwelling unit. ______________________________________________________________________ (ix) "Affordable housing seventy percent unit" shall mean a dwelling ________________________________________________________________________ unit that: (A) is situated within the eligible site for which 421-a ________________________________________________________________________ benefits are granted; and (B) upon initial rental and upon each subse________________________________________________________________________ quent rental following a vacancy during the restriction period, is ________________________________________________________________________ affordable to and restricted to occupancy by individuals or families ________________________________________________________________________ whose household income does not exceed seventy percent of the area medi________________________________________________________________________ an income, adjusted for family size, at the time that such household ______________________________________ initially occupies such dwelling unit. ______________________________________________________________________ (x) "Affordable housing one hundred thirty percent unit" shall mean a ________________________________________________________________________ dwelling unit that: (A) is situated within the eligible site for which ________________________________________________________________________ 421-a benefits are granted; and (B) upon initial rental and upon each ________________________________________________________________________ subsequent rental following a vacancy during the restriction period, is ________________________________________________________________________ affordable to and restricted to occupancy by individuals or families ________________________________________________________________________ whose household income does not exceed one hundred thirty percent of the ________________________________________________________________________ area median income, adjusted for family size, at the time that such ________________________________________________ household initially occupies such dwelling unit. ______________________________________________________________________ (xi) "Affordable housing unit" shall mean, collectively and individ________________________________________________________________________ ually, affordable housing forty percent units, affordable housing sixty ________________________________________________________________________ percent units, affordable housing seventy percent units, and affordable _________________________________________ housing one hundred thirty percent units. ______________________________________________________________________ (xii) "Agency" shall mean the department of housing preservation and ____________ development. __________________________________________________________________ (xiii) "Application" shall mean an application for 421-a benefits. ______________________________________________________________________ (xiv) "Building service employee" shall mean any person who is regu________________________________________________________________________ larly employed at, and performs work in connection with the care or ________________________________________________________________________ maintenance of, an eligible site, including, but not limited to, a ________________________________________________________________________ watchman, guard, doorman, building cleaner, porter, handyman, janitor, ________________________________________________________________________ gardener, groundskeeper, elevator operator and starter, and window ________________________________________________________________________ cleaner, but not including persons regularly scheduled to work fewer _______________________________________________ than eight hours per week at the eligible site. ______________________________________________________________________ (xv) "Commencement date" shall mean, with respect to any eligible ________________________________________________________________________ multiple dwelling, the date upon which excavation and construction of ________________________________________________________________________ initial footings and foundations lawfully begins in good faith or, for ________________________________________________________________________ an eligible conversion, the date upon which the actual construction of ________________________________________________________________________ the conversion, alteration or improvement of the pre-existing building ___________________________________________ or structure lawfully begins in good faith. ______________________________________________________________________ (xvi) "Completion date" shall mean the date upon which the local ________________________________________________________________________ department of buildings issues the first temporary or permanent certif________________________________________________________________________ icate of occupancy covering all residential areas of an eligible multi_____________ ple dwelling. ______________________________________________________________________ (xvii) "Construction period" shall mean, with respect to any eligible ________________________________________________________________________ multiple dwelling, a period: (A) beginning on the later of the commence________________________________________________________________________ ment date of such eligible multiple dwelling or three years before the ________________________________________________________________________ completion date of such eligible multiple dwelling; and (B) ending on ________________________________________________________________________ the day preceding the completion date of such eligible multiple dwell____ ing. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 37 A. 8323 ______________________________________________________________________ (xviii) "Eligible conversion" shall mean the conversion, alteration or ________________________________________________________________________ improvement of a pre-existing building or structure resulting in a ________________________________________________________________________ multiple dwelling in which no more than forty-nine percent of the floor _________________________________________________________ area consists of such pre-existing building or structure. ______________________________________________________________________ (xix) "Eligible multiple dwelling" shall mean a multiple dwelling or ________________________________________________________________________ homeownership project containing six or more dwelling units created ________________________________________________________________________ through new construction or eligible conversion for which the commence________________________________________________________________________ ment date is after December thirty-first, two thousand fifteen and on or ________________________________________________________________________ before June fifteenth, two thousand nineteen, and for which the ________________________________________________________________________ completion date is on or before June fifteenth, two thousand twenty______ three. ______________________________________________________________________ (xx) "Eligible site" shall mean either: (A) a tax lot containing an ________________________________________________________________________ eligible multiple dwelling; or (B) a zoning lot containing two or more __________________________________________________________________ eligible multiple dwellings that are part of a single application. ______________________________________________________________________ (xxi) "Fiscal officer" shall mean the comptroller or other analogous _____________________________________________________________ officer in a city having a population of one million or more. ______________________________________________________________________ (xxii) "Floor area" shall mean the horizontal areas of the several ________________________________________________________________________ floors, or any portion thereof, of a dwelling or dwellings, and accesso________________________________________________________________________ ry structures on a lot measured from the exterior faces of exterior ______________________________________________ walls, or from the center line of party walls. ______________________________________________________________________ (xxiii) "Four percent tax credits" shall mean federal low income hous________________________________________________________________________ ing tax credits computed in accordance with clause (ii) of subparagraph ________________________________________________________________________ (B) of paragraph (1) of subsection (b) of section forty-two of the _________________________________________________________________ internal revenue code of nineteen hundred eighty-six, as amended. ______________________________________________________________________ (xxiv) "Homeownership project" shall mean a multiple dwelling or ________________________________________________________________________ portion thereof operated as condominium or cooperative housing, however, ________________________________________________________________________ it shall not include a multiple dwelling or portion thereof operated as ________________________________________________________________________ cooperative or condominium housing located within the borough of Manhat________________________________________________________________________ tan, and shall not include a multiple dwelling that contains more than __________________ thirty-five units. ______________________________________________________________________ (xxv) "Market unit" shall mean a dwelling unit in an eligible multiple _______________________________________________ dwelling other than an affordable housing unit. ______________________________________________________________________ (xxvi) "Multiple dwelling" shall have the meaning set forth in the ______________________ multiple dwelling law. ______________________________________________________________________ (xxvii) "Non-residential tax lot" shall mean a tax lot that does not ___________________________ contain any dwelling units. ______________________________________________________________________ (xxviii) "Rent stabilization" shall mean, collectively, the rent ________________________________________________________________________ stabilization law of nineteen hundred sixty-nine, the rent stabilization ________________________________________________________________________ code, and the emergency tenant protection act of nineteen seventy-four, ________________________________________________________________________ all as in effect as of the effective date of the chapter of the laws of ________________________________________________________________________ two thousand fifteen that added this subdivision or as amended thereaft________________________________________________________________________ er, together with any successor statutes or regulations addressing ______________________________________ substantially the same subject matter. ______________________________________________________________________ (xxix) "Rental project" shall mean an eligible site in which all ________________________________________________________________________ dwelling units included in any application are operated as rental hous____ ing. ______________________________________________________________________ (xxx) "Residential tax lot" shall mean a tax lot that contains dwell__________ ing units. ______________________________________________________________________ (xxxi) "Restriction period" shall mean a period commencing on the ________________________________________________________________________ completion date and expiring on the thirty-fifth anniversary of the ________________________________________________________________________ completion date, notwithstanding any earlier termination or revocation __________________ of 421-a benefits. ______________________________________________________________________ (xxxii)"Tax exempt bond proceeds" shall mean the proceeds of an exempt ________________________________________________________________________ facility bond, as defined in paragraph (7) of subsection (a) of section ________________________________________________________________________ one hundred forty-two of the internal revenue code of nineteen hundred ________________________________________________________________________ eighty-six, as amended, the interest upon which is exempt from taxation AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 38 A. 8323 ________________________________________________________________________ under section one hundred three of the internal revenue code of nineteen _______________________________ hundred eighty-six, as amended. ______________________________________________________________________ (xxxiii) "Thirty-five year benefit" shall mean: (A) for the ________________________________________________________________________ construction period, a one hundred percent exemption from real property ________________________________________________________________________ taxation, other than assessments for local improvements; (B) for the ________________________________________________________________________ first twenty-five years of the restriction period, a one hundred percent ________________________________________________________________________ exemption from real property taxation, other than assessments for local ________________________________________________________________________ improvements; and (C) for the final ten years of the restriction period, ________________________________________________________________________ an exemption from real property taxation, other than assessments for __________________________________________________________ local improvements, equal to the affordability percentage. ______________________________________________________________________ (xxxiv) "Twenty year benefit" shall mean: (A) for the construction ________________________________________________________________________ period, a one hundred percent exemption from real property taxation, ________________________________________________________________________ other than assessments for local improvements; (B) for the first four________________________________________________________________________ teen years of the restriction period, a one hundred percent exemption ________________________________________________________________________ from real property taxation, other than assessments for local improve________________________________________________________________________ ments, provided, however, that no exemption shall be given for any ________________________________________________________________________ portion of a unit's assessed value that exceeds $65,000; and (C) for the ________________________________________________________________________ final six years of the restriction period, a twenty-five percent ________________________________________________________________________ exemption from real property taxation, other than assessments for local ________________________________________________________________________ improvements, provided, however, that no exemption shall be given for ____________________________________________________________ any portion of a unit's assessed value that exceeds $65,000. ______________________________________________________________________ (b) Benefit. In cities having a population of one million or more, ________________________________________________________________________ notwithstanding the provisions of any other subdivision of this section ________________________________________________________________________ or of any general, special or local law to the contrary, new eligible ________________________________________________________________________ sites, except hotels, that comply with the provisions of this subdivi________________________________________________________________________ sion shall be exempt from real property taxation, other than assessments ________________________________________________________________________ for local improvements, in the amounts and for the periods specified in ________________________________________________________________________ this paragraph. A rental project that meets all of the requirements of ________________________________________________________________________ this subdivision shall receive a thirty-five year benefit and a homeown________________________________________________________________________ ership project that meets all of the requirements of this subdivision ____________________________________ shall receive a twenty year benefit. ______________________________________________________________________ (c) Tax payments. In addition to any other amounts payable pursuant to ________________________________________________________________________ this subdivision, the owner of any eligible site receiving 421-a bene________________________________________________________________________ fits shall pay, in each tax year in which such 421-a benefits are in _______________________________________________________ effect, real property taxes and assessments as follows: ______________________________________________________________________ (i) with respect to each eligible multiple dwelling constructed on ________________________________________________________________________ such eligible site, real property taxes on the assessed valuation of ________________________________________________________________________ such land and any improvements thereon in effect during the tax year ________________________________________________________________________ prior to the commencement date of such eligible multiple dwelling, with________________________________________________________________________ out regard to any exemption from or abatement of real property taxation ________________________________________________________________________ in effect during such tax year, which real property taxes shall be ________________________________________________________________________ calculated using the tax rate in effect at the time such taxes are due; ___ and ____________________________________________ (ii) all assessments for local improvements. ______________________________________________________________________ (d) Limitation on benefits for non-residential space. If the aggregate ________________________________________________________________________ floor area of commercial, community facility and accessory use space in ________________________________________________________________________ an eligible site, other than parking which is located not more than ________________________________________________________________________ twenty-three feet above the curb level, exceeds twelve percent of the ________________________________________________________________________ aggregate floor area in such eligible site, any 421-a benefits shall be ________________________________________________________________________ reduced by a percentage equal to such excess. If an eligible site ________________________________________________________________________ contains multiple tax lots, the tax arising out of such reduction in ________________________________________________________________________ 421-a benefits shall first be apportioned pro rata among any non-resi________________________________________________________________________ dential tax lots. After any such non-residential tax lots are fully ________________________________________________________________________ taxable, the remainder of the tax arising out of such reduction in 421-a ________________________________________________________________________ benefits, if any, shall be apportioned pro rata among the remaining _____________________ residential tax lots. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 39 A. 8323 ______________________________________________________________________ (e) Calculation of benefit. Based on the certification of the agency ________________________________________________________________________ certifying the applicant's eligibility for 421-a benefits, the assessors ________________________________________________________________________ shall certify to the collecting officer the amount of taxes to be _________ exempted. ______________________________________________________________________ (f) Affordability requirements. During the restriction period, a ________________________________________________________________________ rental project shall comply with either affordability option A, afforda________________________________________________________________________ bility option B, or affordability option C or for purposes of a homeown________________________________________________________________________ ership project, such project shall comply with affordability option D. ________________________________________________________________________ Such election shall be made in the application and shall not thereafter ________________________________________________________________________ be changed. The rental project shall also comply with all provisions of ________________________________________________________________________ this paragraph during the restriction period and with subparagraph (iii) ________________________________________________________________________ of this paragraph both during and after the restriction period to the _____________________________________ extent provided in such subparagraph. ______________________________________________________________________ (i) Affordable units shall share the same common entrances and common ________________________________________________________________________ areas as market rate units, and shall not be isolated to a specific ________________________________________________________________________ floor or area of a building. Common entrances shall mean any area regu________________________________________________________________________ larly used by any resident for ingress and egress from a multiple dwell________ ing; and ______________________________________________________________________ (ii) Unless preempted by the requirements of a federal, state or local ________________________________________________________________________ housing program, either (A) the affordable housing units in an eligible ________________________________________________________________________ site shall have a unit mix proportional to the market units, or (B) at ________________________________________________________________________ least fifty percent of the affordable housing units in an eligible site ________________________________________________________________________ shall have two or more bedrooms and no more than twenty-five percent of ______________________________________________________________ the affordable housing units shall have less than one bedroom. ______________________________________________________________________ (iii) Notwithstanding any provision of rent stabilization to the ________________________________________________________________________ contrary, all affordable housing units shall be fully subject to rent ________________________________________________________________________ stabilization during the restriction period, provided that tenants hold________________________________________________________________________ ing a lease and in occupancy of such affordable housing units at the ________________________________________________________________________ expiration of the restriction period shall have the right to remain as ____________________________________________________________ rent stabilized tenants for the duration of their occupancy. ______________________________________________________________________ (iv) All rent stabilization registrations required to be filed pursu________________________________________________________________________ ant to subparagraph (iii) of this paragraph shall contain a designation ________________________________________________________________________ that specifically identifies affordable housing units created pursuant ________________________________________________________________________ to this subdivision as "421-a affordable housing units" and shall ________________________________________________________________________ contain an explanation of the requirements that apply to all such _________________________ affordable housing units. ______________________________________________________________________ (v) Failure to comply with the provisions of this paragraph that ________________________________________________________________________ require the creation, maintenance, rent stabilization compliance and ________________________________________________________________________ occupancy of affordable housing units or for purposes of a homeownership ________________________________________________________________________ project the failure to comply with affordability option D shall result ________________________________________________________________________ in revocation of any 421-a benefits for the period of such non-compli_____ ance. ______________________________________________________________________ (vi) Nothing in this subdivision shall (A) prohibit the occupancy of ________________________________________________________________________ an affordable housing unit by individuals or families whose income at ________________________________________________________________________ any time is less than the maximum percentage of the area median income, ________________________________________________________________________ adjusted for family size, specified for such affordable housing unit ________________________________________________________________________ pursuant to this subdivision, or (B) prohibit the owner of an eligible ________________________________________________________________________ site from requiring, upon initial rental or upon any rental following a ________________________________________________________________________ vacancy, the occupancy of any affordable housing unit by such lower _______________________________ income individuals or families. ______________________________________________________________________ (vii) Following issuance of a temporary certificate of occupancy and ________________________________________________________________________ upon each vacancy thereafter, an affordable housing unit shall promptly ________________________________________________________________________ be offered for rental by individuals or families whose income does not ________________________________________________________________________ exceed the maximum percentage of the area median income, adjusted for ________________________________________________________________________ family size, specified for such affordable housing unit pursuant to this ________________________________________________________________________ subdivision and who intend to occupy such affordable housing unit as AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 40 A. 8323 ________________________________________________________________________ their primary residence. An affordable housing unit shall not be (A) ________________________________________________________________________ rented to a corporation, partnership or other entity, or (B) held off ________________________________________________________________________ the market for a period longer than is reasonably necessary to perform ________________________________________________________________________ repairs needed to make such affordable housing unit available for occu______ pancy. ______________________________________________________________________ (viii) An affordable housing unit shall not be rented on a temporary, ________________________________________________________________________ transient or short-term basis. Every lease and renewal thereof for an ________________________________________________________________________ affordable housing unit shall be for a term of one or two years, at the _____________________ option of the tenant. ______________________________________________________________________ (ix) An affordable housing unit shall not be converted to cooperative _________________________ or condominium ownership. ______________________________________________________________________ (x) The agency may establish by rule such requirements as the agency ________________________________________________________________________ deems necessary or appropriate for (A) the marketing of affordable hous________________________________________________________________________ ing units, both upon initial occupancy and upon any vacancy, (B) moni________________________________________________________________________ toring compliance with the provisions of this paragraph and (C) the ________________________________________________________________________ marketing and monitoring of any homeownership project that is granted an ________________________________________________________________________ exemption pursuant to this subdivision. Such requirements may include, ________________________________________________________________________ but need not be limited to, retaining a monitor approved by the agency __________________________ and paid for by the owner. ______________________________________________________________________ (xi) Notwithstanding any provision of this subdivision to the contra________________________________________________________________________ ry, a market unit shall be subject to rent stabilization unless, in the ________________________________________________________________________ absence of 421-a benefits, the owner would be entitled to remove such ________________________________________________________________________ market unit from rent stabilization upon vacancy by reason of the month___________________________________________________ ly rent exceeding any limit established thereunder. ______________________________________________________________________ (g) Building service employees. (i) For the purposes of this para________________________________________________________________________ graph, "applicant" shall mean an applicant for 421-a benefits, any ________________________________________________________________________ successor to such applicant, or any employer of building service employ________________________________________________________________________ ees for such applicant, including, but not limited to, a property _________________________________ management company or contractor. ______________________________________________________________________ (ii) All building service employees employed by the applicant at the ________________________________________________________________________ eligible site shall receive the applicable prevailing wage for the __________________________ entire restriction period. ______________________________________________________________________ (iii) The fiscal officer shall have the power to enforce the ________________________________________________________________________ provisions of this paragraph. In enforcing such provisions, the fiscal _____________________________ officer shall have the power: ______________________________________________________________________ (A) to investigate or cause an investigation to be made to determine ________________________________________________________________________ the prevailing wages for building service employees; in making such ________________________________________________________________________ investigation, the fiscal officer may utilize wage and fringe benefit ________________________________________________________________________ data from various sources, including, but not limited to, data and ________________________________________________________________ determinations of federal, state or other governmental agencies; ______________________________________________________________________ (B) to institute and conduct inspections at the site of the work or __________ elsewhere; ______________________________________________________________________ (C) to examine the books, documents and records pertaining to the ________________________________________________________________________ wages paid to, and the hours of work performed by, building service __________ employees; ______________________________________________________________________ (D) to hold hearings and, in connection therewith, to issue subpoenas, ________________________________________________________________________ administer oaths and examine witnesses; the enforcement of a subpoena ________________________________________________________________________ issued under this paragraph shall be regulated by the civil practice law __________ and rules; ______________________________________________________________________ (E) to make a classification by craft, trade or other generally recog________________________________________________________________________ nized occupational category of the building service employees and to ________________________________________________________________________ determine whether such work has been performed by the building service _________________________________ employees in such classification; ______________________________________________________________________ (F) to require the applicant to file with the fiscal officer a record ________________________________________________________________________ of the wages actually paid by such applicant to the building service _____________________________________ employees and of their hours of work; AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 41 A. 8323 ______________________________________________________________________ (G) to delegate any of the foregoing powers to his or her deputy or ____________________________________ other authorized representative; and ______________________________________________________________________ (H) to promulgate rules as he or she shall consider necessary for the ________________________________________________________________________ proper execution of the duties, responsibilities and powers conferred _______________________________________________________ upon him or her by the provisions of this subparagraph. ______________________________________________________________________ (iv) If the fiscal officer finds that the applicant has failed to ________________________________________________________________________ comply with the provisions of this paragraph, he or she shall present _____________________________________________ evidence of such noncompliance to the agency. ___________________________________________________________________ (v) Subparagraph (ii) of this paragraph shall not be applicable to: ______________________________________________________________________ (A) an eligible multiple dwelling containing less than thirty dwelling _________ units; or ______________________________________________________________________ (B) an eligible multiple dwelling in which all of the dwelling units ________________________________________________________________________ are affordable housing units and not less than fifty percent of such ________________________________________________________________________ affordable housing units, upon initial rental and upon each subsequent ________________________________________________________________________ rental following a vacancy during the restriction period, are affordable ________________________________________________________________________ to and restricted to occupancy by individuals or families whose house________________________________________________________________________ hold income does not exceed one hundred twenty-five percent of the area ________________________________________________________________________ median income, adjusted for family size, at the time that such household ______________________________________ initially occupies such dwelling unit. ______________________________________________________________________ (h) Replacement ratio. If the land on which an eligible site is ________________________________________________________________________ located contained any dwelling units three years prior to the commence________________________________________________________________________ ment date of the first eligible multiple dwelling thereon, then such ________________________________________________________________________ eligible site shall contain at least one affordable housing unit for ________________________________________________________________________ each dwelling unit that existed on such date and was thereafter demol_______________________________ ished, removed or reconfigured. ______________________________________________________________________ (i) Concurrent exemptions or abatements. An eligible multiple dwelling ________________________________________________________________________ receiving 421-a benefits shall not receive any exemption from or abate___________________________________________________ ment of real property taxation under any other law. ______________________________________________________________________ (j) Voluntary renunciation or termination. Notwithstanding the ________________________________________________________________________ provisions of any general, special or local law to the contrary, an ________________________________________________________________________ owner shall not be entitled to voluntarily renounce or terminate any ________________________________________________________________________ 421-a benefits unless the agency authorizes such renunciation or termi________________________________________________________________________ nation in connection with the commencement of a new tax exemption pursu________________________________________________________________________ ant to either the private housing finance law or section four hundred _______________________ twenty-c of this title. ______________________________________________________________________ (k) Termination or revocation. The agency may terminate or revoke ________________________________________________________________________ 421-a benefits for noncompliance with this subdivision. If 421-a bene________________________________________________________________________ fits are terminated or revoked for noncompliance with this subdivision, ________________________________________________________________________ all of the affordable housing units shall remain subject to rent ________________________________________________________________________ stabilization or for a homeownership project such project shall continue ________________________________________________________________________ to comply with affordability option D of this subdivision and all other ________________________________________________________________________ requirements of this subdivision for the restriction period and any ________________________________________________________________________ additional period expressly provided in this subdivision, as if the __________________________________________________ 421-a benefits had not been terminated or revoked. ______________________________________________________________________ (l) Powers cumulative. The enforcement provisions of this subdivision ________________________________________________________________________ shall not be exclusive, and are in addition to any other rights, reme________________________________________________________________________ dies, or enforcement powers set forth in any other law or available at _________________ law or in equity. ______________________________________________________________________ (m) Multiple tax lots. If an eligible site contains multiple tax lots, ________________________________________________________________________ an application may be submitted with respect to one or more of such tax ________________________________________________________________________ lots. The agency shall determine eligibility for 421-a benefits based _______________________________________________ upon the tax lots included in such application. ______________________________________________________________________ (n) Applications. (i) The application with respect to any eligible ________________________________________________________________________ multiple dwelling shall be filed with the agency not later than one year _____________________________________________________________ after the completion date of such eligible multiple dwelling. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 42 A. 8323 ______________________________________________________________________ (ii) Notwithstanding the provisions of any general, special or local ________________________________________________________________________ law to the contrary, the agency may require by rule that applications be _____________________ filed electronically. ______________________________________________________________________ (iii) The agency may rely on certification by an architect or engineer ________________________________________________________________________ submitted by an applicant in connection with the filing of an applica________________________________________________________________________ tion. A false certification by such architect or engineer shall be ________________________________________________________________________ deemed to be professional misconduct pursuant to section sixty-five ________________________________________________________________________ hundred nine of the education law. Any licensee found guilty of such ________________________________________________________________________ misconduct under the procedures prescribed in section sixty-five hundred ________________________________________________________________________ ten of the education law shall be subject to the penalties prescribed in ________________________________________________________________________ section sixty-five hundred eleven of the education law, and shall there________________________________________________________________________ after be ineligible to submit a certification pursuant to this subdivi_____ sion. ______________________________________________________________________ (o) Filing fee. The agency may require a filing fee of three thousand ________________________________________________________________________ dollars per dwelling unit in connection with any application. However, ________________________________________________________________________ the agency may promulgate rules imposing a lesser fee for eligible sites ________________________________________________________________________ containing eligible multiple dwellings constructed with the substantial ________________________________________________________________________ assistance of grants, loans or subsidies provided by a federal, state or ________________________________________________________________________ local governmental agency or instrumentality pursuant to a program for ______________________________________ the development of affordable housing. ______________________________________________________________________ (p) Rules. The agency may promulgate rules to carry out the provisions ____________________ of this subdivision. ______________________________________________________________________ (q) Authority of city to enact local law. Except as otherwise speci________________________________________________________________________ fied in this subdivision, a city to which this subdivision is applicable ________________________________________________________________________ may enact a local law to restrict, limit or condition the eligibility ________________________________________________________________________ for or the scope or amount of 421-a benefits in any manner, provided ________________________________________________________________________ that such local law may not grant 421-a benefits beyond those provided ________________________________________________________________________ in this subdivision and provided further that such local law shall not ________________________________________________________________________ take effect sooner than one year after it is enacted. The provisions of ________________________________________________________________________ sections 11-245 and 11-245.1 of the administrative code of the city of ________________________________________________________________________ New York or of any other local law of the city of New York that were ________________________________________________________________________ enacted on or before the effective date of the chapter of the laws of ________________________________________________________________________ two thousand fifteen which added this paragraph shall not restrict, ________________________________________________________________________ limit or condition the eligibility for or the scope or amount of 421-a ______________________________________ benefits pursuant to this subdivision. ______________________________________________________________________ (r) Election. Notwithstanding anything in this subdivision to the ________________________________________________________________________ contrary, if a memorandum of understanding pursuant to subdivision ________________________________________________________________________ sixteen-a of this section has been executed and noticed, a rental ________________________________________________________________________ project or homeownership project with a commencement date on or before ________________________________________________________________________ December thirty-first, two thousand fifteen that has not received bene________________________________________________________________________ fits pursuant to this section prior to the effective date of the chapter ________________________________________________________________________ of the laws of two thousand fifteen that added this subdivision may ________________________________________________________________________ elect to comply with this subdivision and receive 421-a benefits pursu________________________ ant to this subdivision. ______________________________________________________________________ § 16-a. The provisions of subdivision sixteen of this section shall ________________________________________________________________________ take effect only upon the condition that on or before January fifteenth, ________________________________________________________________________ two thousand sixteen, a memorandum of understanding is executed by one, ________________________________________________________________________ or more, representative of the largest trade association of residential ________________________________________________________________________ real estate developers, either for profit or not-for-profit, in New York ________________________________________________________________________ city as well as one, or more, representative of the largest trade labor ________________________________________________________________________ association representing building and construction workers, with member______________________ ship in New York city. ______________________________________________________________________ Such memorandum of understanding shall include provisions regarding ________________________________________________________________________ wages or wage supplements for construction workers on buildings over ________________________________________________________________________ fifteen units where such buildings enjoy the benefits of subdivision ________________________________________________________________________ sixteen of this section; provided, however that such memorandum may also AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 43 A. 8323 ________________________________________________________________________ address issues including those related to the (i) number of units, (ii) ________________________________________________________________________ application of a wage schedule to different size projects and (iii) wage ________________________________________________________________________ schedules for various geographic locations in New York city. The terms ________________________________________________________________________ and conditions of the memorandum of understanding shall apply to all ________________________________________________________________________ projects with more than fifteen units that receive benefits under this ________________________________________________________________________ subdivision sixteen of section after the memorandum of understanding is _________ executed. ______________________________________________________________________ Notwithstanding the foregoing, if on or before January fifteenth, two ________________________________________________________________________ thousand sixteen, the memorandum of understanding has not been fully ________________________________________________________________________ executed, the provisions of subdivision sixteen of this section shall be ________________________________________________________________________ suspended such that no new applications shall be accepted under subdivi________________________________________________________________________ sion sixteen of this section. Absent such full execution of such memo________________________________________________________________________ randum and notice to the legislative bill drafting commission, the bene________________________________________________________________________ fits of subdivision sixteen of this section shall remain suspended that ________________________________________________________________________ no new applications shall be accepted under subdivision sixteen of this ___________________________________________ section, until such memorandum is executed. ______________________________________________________ 17. (a) Definitions. For purposes of this subdivision: ______________________________________________________________________ (i) "Affordable housing eighty percent units" shall mean dwelling ________________________________________________________________________ units that: (A) are situated within the extended affordability property; ________________________________________________________________________ (B) upon initial rental and upon each subsequent rental following a ________________________________________________________________________ vacancy during the extended affordability period, are each affordable ________________________________________________________________________ and restricted to occupancy by individuals or families whose household ________________________________________________________________________ income does not exceed one hundred percent of the area median income, ________________________________________________________________________ adjusted for family size, at the time that such household initially ________________________________________________________________________ occupies such dwelling unit; and (C) upon initial rental and upon each ________________________________________________________________________ subsequent rental following a vacancy during the extended affordability ________________________________________________________________________ period, are collectively affordable and restricted to occupancy by indi________________________________________________________________________ viduals or families whose household income does not exceed an average of ________________________________________________________________________ eighty percent of the area median income, adjusted for family size, at ___________________________________________________________________ the time that such household initially occupies such dwelling unit. ______________________________________________________________________ (ii) "Affordable housing one hundred thirty percent units" shall mean ________________________________________________________________________ dwelling units that: (A) are situated within an extended affordability ________________________________________________________________________ property; and (B) upon initial rental and upon each subsequent rental ________________________________________________________________________ following a vacancy during the extended affordability period, are each ________________________________________________________________________ affordable and restricted to occupancy by individuals or families whose ________________________________________________________________________ household income does not exceed one hundred thirty percent of the area ________________________________________________________________________ median income, adjusted for family size, at the time that such household ______________________________________ initially occupies such dwelling unit. ______________________________________________________________________ (iii) "Affordable housing unit" shall mean, collectively and individ________________________________________________________________________ ually, affordable housing eighty percent units and affordable housing _________________________________ one hundred thirty percent units. ______________________________________________________________________ (iv) "Agency" shall mean the department of housing preservation and ____________ development. ______________________________________________________________________ (v) "Application" shall mean an application for extended benefits _____________________________ pursuant to this subdivision. ______________________________________________________________________ (vi) "Building service employee" shall mean any person who is regular________________________________________________________________________ ly employed at, and performs work in connection with the care or mainte________________________________________________________________________ nance of, an extended affordability property, including, but not limited ________________________________________________________________________ to, a watchman, guard, doorman, building cleaner, porter, handyman, ________________________________________________________________________ janitor, gardener, groundskeeper, elevator operator and starter, and ________________________________________________________________________ window cleaner, but not including persons regularly scheduled to work _______________________________________________________________________ fewer than eight hours per week in the extended affordability property. ______________________________________________________________________ (vii) "Commencement date" shall mean the later of: (A) the expiration ______________________________________________ date; or (B) the restrictive declaration date. ______________________________________________________________________ (viii) "Expiration date" shall mean the date upon which benefits ________________________________________________________________________ granted to a twenty year benefit property or twenty-five year benefit AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 44 A. 8323 ________________________________________________________________________ property pursuant to this section prior to the effective date of the ________________________________________________________________________ chapter of the laws of two thousand fifteen that added this subdivision _____________ would expire. ______________________________________________________________________ (ix) "Extended affordability period" shall mean, notwithstanding any ________________________________________________________________________ earlier termination or revocation of the extended benefit, the period ________________________________________________________________________ commencing upon the commencement date and ending: (A) fifteen years ________________________________________________________________________ thereafter for a twenty year benefit property; and (B) ten years there______________________________________________ after for a twenty-five year benefit property. ______________________________________________________________________ (x) "Extended affordability property" shall mean a twenty year benefit ________________________________________________________________________ property or a twenty-five year benefit property that complies with the _______________________________ provisions of this subdivision. ______________________________________________________________________ (xi) "Extended affordability requirement" shall mean that, within any ________________________________________________________________________ extended affordability property: (A) not less than twenty percent of the ________________________________________________________________________ dwelling units are affordable housing eighty percent units; and (B) not ________________________________________________________________________ less than an additional five percent of the dwelling units are afforda_____________________________________________ ble housing one hundred thirty percent units. ______________________________________________________________________ (xii) "Extended benefit" shall mean, for any extended affordability ________________________________________________________________________ property, a fifty percent exemption from real property taxation, other ________________________________________________________________________ than assessments for local improvements, for the extended affordability _______ period. ______________________________________________________________________ (xiii) "Fiscal officer" shall mean the comptroller or other analogous _____________________________________________________________ officer in a city having a population of one million or more. ______________________________________________________________________ (xiv) "Floor area" shall mean the horizontal areas of the several ________________________________________________________________________ floors, or any portion thereof, of a dwelling or dwellings, and accesso________________________________________________________________________ ry structures on a lot measured from the exterior faces of exterior ______________________________________________ walls, or from the center line of party walls. ______________________________________________________________________ (xv) "Multiple dwelling" shall have the meaning set forth in the ______________________ multiple dwelling law. ______________________________________________________________________ (xvi) "Residential tax lot" shall mean a tax lot that contains dwell__________ ing units. ______________________________________________________________________ (xvii) "Restrictive declaration" shall mean a document executed by all ________________________________________________________________________ parties in interest to the extended affordability property which ________________________________________________________________________ provides that, during the extended affordability period, the extended ________________________________________________________________________ affordability property shall comply with the extended affordability ____________ requirement. ______________________________________________________________________ (xviii) "Restrictive declaration date" shall mean the date upon which ________________________________________________________________________ the restrictive declaration is recorded against the extended affordabil_____________ ity property. ______________________________________________________________________ (xix) "Twenty year benefit property" shall mean a multiple dwelling ________________________________________________________________________ that commenced construction prior to July first, two thousand eight and ________________________________________________________________________ that was granted benefits pursuant to this section prior to the effec________________________________________________________________________ tive date of the chapter of the laws of two thousand fifteen that added ________________________________________________________________________ this subdivision due to its compliance with the requirements of item b ________________________________________________________________________ of clause (A) of subparagraph (iv) of paragraph (a) of subdivision two ________________ of this section. ______________________________________________________________________ (xx) "Twenty-five year benefit property" shall mean a multiple dwell________________________________________________________________________ ing that commenced construction prior to July first, two thousand eight ________________________________________________________________________ and that was granted benefits pursuant to this section prior to the ________________________________________________________________________ effective date of the chapter of the laws of two thousand fifteen that ________________________________________________________________________ added this subdivision due to its compliance with the requirements of ________________________________________________________________________ item b of clause (D) of subparagraph (iii) of paragraph (a) of subdivi_________________________ sion two of this section. ______________________________________________________________________ (b) Benefit. In cities having a population of one million or more, ________________________________________________________________________ notwithstanding the provisions of any other subdivision of this section ________________________________________________________________________ or of any general, special or local law to the contrary, an extended ________________________________________________________________________ affordability property shall be granted an extended benefit, provided, AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 45 A. 8323 ________________________________________________________________________ however, that such extended benefit shall be available only if all resi________________________________________________________________________ dential tax lots in such extended affordability property operate as _______________ rental housing. ______________________________________________________________________ (c) Tax payments. In addition to any other amounts payable pursuant to ________________________________________________________________________ this subdivision, the owner of an extended affordability property ________________________________________________________________________ receiving an extended benefit shall pay, in each tax year in which such ________________________________________________________________________ extended benefit is in effect, real property taxes and assessments as ________ follows: ______________________________________________________________________ (i) real property taxes on the assessed valuation of such land and any ________________________________________________________________________ improvements thereon in effect during the tax year preceding the ________________________________________________________________________ commencement of the construction of such extended affordability property ________________________________________________________________________ without regard to any exemption or abatement from real property taxation ________________________________________________________________________ in effect prior to such construction which real property taxes shall be ________________________________________________________________________ calculated on the tax rate in effect at the time such taxes are due; and ____________________________________________ (ii) all assessments for local improvements. ______________________________________________________________________ (d) Limitation on benefits for non-residential space. Any extended ________________________________________________________________________ benefit shall be reduced by the percentage of aggregate floor area of ________________________________________________________________________ the extended affordability property occupied by commercial, community ________________________________________________________________________ facility, parking, and accessory uses as provided in paragraph (d) of ________________________________ subdivision two of this section. ______________________________________________________________________ (e) Calculation of benefit. Based on the certification of the agency ________________________________________________________________________ certifying the applicant's eligibility for the extended benefit, the ________________________________________________________________________ assessors shall certify to the collecting officer the amount of taxes to ____________ be exempted. ______________________________________________________________________ (f) Affordability requirement. During the extended affordability peri________________________________________________________________________ od, an extended affordability property must comply with the extended ________________________________________________________________________ affordability requirement and the restrictive declaration. The extended ________________________________________________________________________ affordability property shall also comply with all provisions of this ________________________________________________________________________ paragraph during the extended affordability period and with subparagraph ________________________________________________________________________ (i) of this paragraph both during and after the extended affordability ___________________________________________________ period to the extent provided in such subparagraph. ______________________________________________________________________ (i) Notwithstanding the provisions of any local law for the stabiliza________________________________________________________________________ tion of rents or the emergency tenant protection act of nineteen seven________________________________________________________________________ ty-four, all affordable housing units in an extended affordability prop________________________________________________________________________ erty shall be fully subject to control under such local law or such act ________________________________________________________________________ during the extended affordability period, provided that tenants holding ________________________________________________________________________ a lease and in occupancy of such affordable housing units in an extended ________________________________________________________________________ affordability property at the expiration of the extended affordability ________________________________________________________________________ period shall have the right to remain as rent stabilized tenants for the ________________________________________________________________________ duration of their occupancy. Upon any vacancy of an affordable housing ________________________________________________________________________ unit after the extended affordability period, such affordable housing ________________________________________________________________________ unit shall remain fully subject to rent stabilization unless the owner ________________________________________________________________________ is entitled to remove such affordable housing unit from rent stabiliza________________________________________________________________________ tion upon such vacancy by reason of the monthly rent exceeding any limit _______________________ established thereunder. ______________________________________________________________________ (ii) All rent stabilization registrations required to be filed pursu________________________________________________________________________ ant to subparagraph (i) of this paragraph shall contain a designation ________________________________________________________________________ that specifically identifies affordable housing units complying with the ________________________________________________________________________ extended affordability requirement as "421-a affordable housing units" ________________________________________________________________________ and shall contain an explanation of the requirements that apply to all ______________________________ such affordable housing units. ______________________________________________________________________ (iii) Failure to comply with the provisions of this paragraph that ________________________________________________________________________ require the maintenance, rent stabilization and occupancy of affordable ________________________________________________________________________ housing units in an extended affordability property shall result in ________________________________________________________________________ revocation of the extended benefit for the period of such non-compli_____ ance. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 46 A. 8323 ______________________________________________________________________ (iv) Nothing in this subdivision shall: (A) prohibit the occupancy of ________________________________________________________________________ an affordable housing unit by individuals or families whose income at ________________________________________________________________________ any time is less than the maximum percentage of the area median income, ________________________________________________________________________ adjusted for family size, specified for such affordable housing unit ________________________________________________________________________ pursuant to this subdivision; or (B) prohibit the owner of an extended ________________________________________________________________________ affordability property from requiring, upon initial rental or upon any ________________________________________________________________________ rental following a vacancy, the occupancy of any affordable housing unit _____________________________________________ by such lower income individuals or families. ______________________________________________________________________ (v) Upon each vacancy, an affordable housing unit shall promptly be ________________________________________________________________________ offered for rental by individuals or families whose income does not ________________________________________________________________________ exceed the maximum percentage of the area median income, adjusted for ________________________________________________________________________ family size, specified for such affordable housing unit pursuant to this ________________________________________________________________________ subdivision and who intend to occupy such affordable housing unit as ________________________________________________________________________ their primary residence. An affordable housing unit shall not be: (A) ________________________________________________________________________ rented to a corporation, partnership or other entity; or (B) held off ________________________________________________________________________ the market for a period longer than is reasonably necessary to perform ________________________________________________________________________ repairs needed to make such affordable housing unit available for occu______ pancy. ______________________________________________________________________ (vi) An affordable housing unit shall not be rented on a temporary, ________________________________________________________________________ transient or short-term basis. Every lease and renewal thereof for an ________________________________________________________________________ affordable housing unit shall be for a term of one or two years, at the _____________________ option of the tenant. ______________________________________________________________________ (vii) An affordable housing unit shall not be converted to cooperative _________________________ or condominium ownership. ______________________________________________________________________ (viii) The agency may establish by rule such requirements as the agen________________________________________________________________________ cy deems necessary or appropriate for: (A) the marketing of affordable ________________________________________________________________________ housing units; and (B) monitoring compliance with the provisions of this ________________________________________________________________________ paragraph. Such requirements may include, but need not be limited to, _____________________________________________________________________ retaining a monitor approved by the agency and paid for by the owner. ______________________________________________________________________ (g) Building service employees. (i) For the purposes of this para________________________________________________________________________ graph, "applicant" shall mean an applicant for extended benefits, any ________________________________________________________________________ successor to such applicant, or any employer of building service employ________________________________________________________________________ ees for such applicant, including, but not limited to, a property _________________________________ management company or contractor. ______________________________________________________________________ (ii) All building service employees employed by the applicant at the ________________________________________________________________________ extended affordability property shall receive the applicable prevailing __________________________________________________ wage for the entire extended affordability period. ______________________________________________________________________ (iii) The fiscal officer shall have the power to enforce the ________________________________________________________________________ provisions of this paragraph. In enforcing such provisions, the fiscal _____________________________ officer shall have the power: ______________________________________________________________________ (A) to investigate or cause an investigation to be made to determine ________________________________________________________________________ the prevailing wages for building service employees; in making such ________________________________________________________________________ investigation, the fiscal officer may utilize wage and fringe benefit ________________________________________________________________________ data from various sources, including, but not limited to, data and ________________________________________________________________ determinations of federal, state or other governmental agencies; ______________________________________________________________________ (B) to institute and conduct inspections at the site of the work or __________ elsewhere; ______________________________________________________________________ (C) to examine the books, documents and records pertaining to the ________________________________________________________________________ wages paid to, and the hours of work performed by, building service __________ employees; ______________________________________________________________________ (D) to hold hearings and, in connection therewith, to issue subpoenas, ________________________________________________________________________ administer oaths and examine witnesses; the enforcement of a subpoena ________________________________________________________________________ issued under this paragraph shall be regulated by the civil practice law __________ and rules; ______________________________________________________________________ (E) to make a classification by craft, trade or other generally recog________________________________________________________________________ nized occupational category of the building service employees and to AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 47 A. 8323 ________________________________________________________________________ determine whether such work has been performed by the building service _________________________________ employees in such classification; ______________________________________________________________________ (F) to require the applicant to file with the fiscal officer a record ________________________________________________________________________ of the wages actually paid by such applicant to the building service _____________________________________ employees and of their hours of work; ______________________________________________________________________ (G) to delegate any of the foregoing powers to his or her deputy or ____________________________________ other authorized representative; and ______________________________________________________________________ (H) to promulgate rules as he or she shall consider necessary for the ________________________________________________________________________ proper execution of the duties, responsibilities and powers conferred _______________________________________________________ upon him or her by the provisions of this subparagraph. ______________________________________________________________________ (iv) If the fiscal officer finds that the applicant has failed to ________________________________________________________________________ comply with the provisions of this paragraph, he or she shall present _____________________________________________ evidence of such noncompliance to the agency. ___________________________________________________________________ (v) Subparagraph (ii) of this paragraph shall not be applicable to: ______________________________________________________________________ (A) an extended affordability property containing less than thirty __________________ dwelling units; or ______________________________________________________________________ (B) an extended affordability property in which all of the dwelling ________________________________________________________________________ units are affordable housing units and not less than fifty percent of ________________________________________________________________________ such affordable housing units, upon initial rental and upon each subse________________________________________________________________________ quent rental following a vacancy during the extended affordability peri________________________________________________________________________ od, are affordable to and restricted to occupancy by individuals or ________________________________________________________________________ families whose household income does not exceed one hundred twenty-five ________________________________________________________________________ percent of the area median income, adjusted for family size, at the time __________________________________________________________ that such household initially occupies such dwelling unit. ______________________________________________________________________ (h) Concurrent exemptions or abatements. An extended affordability ________________________________________________________________________ property receiving an extended benefit shall not receive any exemption ________________________________________________________________ from or abatement of real property taxation under any other law. ______________________________________________________________________ (i) Voluntary renunciation or termination. Notwithstanding the ________________________________________________________________________ provisions of any general, special or local law to the contrary, an ________________________________________________________________________ owner shall not be entitled to voluntarily renounce or terminate an ________________________________________________________________________ extended benefit unless the agency authorizes such renunciation or ________________________________________________________________________ termination in connection with the commencement of a new tax exemption ________________________________________________________________________ pursuant to either the private housing finance law or section four _______________________________ hundred twenty-c of this title. ______________________________________________________________________ (j) Termination or revocation. The agency may terminate or revoke the ________________________________________________________________________ extended benefit for noncompliance with this subdivision. If the ________________________________________________________________________ extended benefit is terminated or revoked for noncompliance with this ________________________________________________________________________ subdivision, all of the affordable housing units shall remain subject to ________________________________________________________________________ the provisions of any local law for the stabilization of rents or the ________________________________________________________________________ emergency tenant protection act of nineteen seventy-four and all other ________________________________________________________________________ requirements of this subdivision for the entire extended affordability ________________________________________________________________________ period and any additional period expressly provided in this subdivision, ______________________________________________________________ as if the extended benefit had not been terminated or revoked. ______________________________________________________________________ (k) Powers cumulative. The enforcement provisions of this subdivision ________________________________________________________________________ shall not be exclusive, and are in addition to any other rights, reme________________________________________________________________________ dies, or enforcement powers set forth in any other law or available at _________________ law or in equity. ______________________________________________________________________ (l) Multiple tax lots. If an extended affordability property contains ________________________________________________________________________ multiple tax lots, an application may be submitted with respect to one ________________________________________________________________________ or more of such tax lots. The agency shall determine eligibility for an ______________________________________________________________________ extended benefit based upon the tax lots included in such application. ______________________________________________________________________ (m) Applications. (i) The application with respect to any extended ________________________________________________________________________ affordability property shall include a certification that: (A) the ________________________________________________________________________ restrictive declaration has been recorded against the extended afforda________________________________________________________________________ bility property; and (B) the extended affordability property is in __________________________________________________________________ compliance with such restrictive declaration and this subdivision. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 48 A. 8323 ______________________________________________________________________ (ii) The application with respect to any extended affordability prop________________________________________________________________________ erty shall be filed with the agency on or before the later of: (A) ________________________________________________________________________ December thirty-first, two thousand sixteen; or (B) eighteen months __________________________ after the expiration date. ______________________________________________________________________ (iii) Notwithstanding the provisions of any general, special or local ________________________________________________________________________ law to the contrary, the agency may require by rule that applications be _____________________ filed electronically. ______________________________________________________________________ (iv) The agency may rely on certification by an architect or engineer ________________________________________________________________________ submitted by an applicant in connection with the filing of an applica________________________________________________________________________ tion. A false certification by such architect or engineer shall be ________________________________________________________________________ deemed to be professional misconduct pursuant to section sixty-five ________________________________________________________________________ hundred nine of the education law. Any licensee found guilty of such ________________________________________________________________________ misconduct under the procedures prescribed in section sixty-five hundred ________________________________________________________________________ ten of the education law shall be subject to the penalties prescribed in ________________________________________________________________________ section sixty-five hundred eleven of the education law, and shall there________________________________________________________________________ after be ineligible to submit a certification pursuant to this subdivi_____ sion. ______________________________________________________________________ (n) Filing fee. The agency may require a filing fee of three thousand _____________________________________________________________ dollars per dwelling unit in connection with any application. ______________________________________________________________________ (o) Rules. The agency may promulgate rules to carry out the provisions ____________________ of this subdivision. ______________________________________________________________________ (p) Authority of city to enact local law. Except as otherwise speci________________________________________________________________________ fied in this subdivision, a city to which this subdivision is applicable ________________________________________________________________________ may enact a local law to restrict, limit or condition the eligibility ________________________________________________________________________ for or the scope or amount of extended benefits in any manner, provided ________________________________________________________________________ that such local law may not grant extended benefits beyond those ________________________________________________________________________ provided in this subdivision and provided further that such local law ________________________________________________________________________ shall not take effect sooner than one year after it is enacted. The ________________________________________________________________________ provisions of sections 11-245 and 11-245.1 of the administrative code of ________________________________________________________________________ the city of New York or of any other local law of the city of New York ________________________________________________________________________ that were enacted on or before the effective date of the chapter of the ________________________________________________________________________ laws of two thousand fifteen that added this paragraph shall not ________________________________________________________________________ restrict, limit or condition the eligibility for or the scope or amount __________________________________________________ of extended benefits pursuant to this subdivision. § 63-d. Intentionally omitted. § 63-e. Intentionally omitted. § 63-f. Subdivision 2 of section 421-a of the real property tax law is amended by adding a new paragraph (j) to read as follows: ______________________________________________________________________ (j) Voluntary renunciation or termination. Notwithstanding the ________________________________________________________________________ provisions of any general, special or local law to the contrary, an ________________________________________________________________________ owner shall not be entitled to voluntarily renounce or terminate any tax ________________________________________________________________________ exemption granted pursuant to this subdivision unless the local housing ________________________________________________________________________ agency authorizes such renunciation or termination in connection with ________________________________________________________________________ the commencement of a new tax exemption pursuant to either the private ___________________________________________________________________ housing finance law or section four hundred twenty-c of this title. § 63-g. The opening paragraph of subdivision 3 of section 421-a of the real property tax law, as amended by chapter 655 of the laws of 1978, is amended to read as follows: __ a. Application forms for exemption under this section shall be filed with the assessors between February first and March fifteenth and, based on the certification of the local housing agency as herein provided, the assessors shall certify to the collecting officer the amount of taxes to be abated. If there be in a city of one million population or more a department of housing preservation and development, the term "housing agency" shall mean only such department of housing preservation and development. No such application shall be accepted by the assessors AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 49 A. 8323 unless accompanied by a certificate of the local housing agency certifying 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 certification 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. § 63-h. Subdivision 3 of section 421-a of the real property tax law is amended by adding a new paragraph b to read as follows: ______________________________________________________________________ b. Notwithstanding the provisions of any general, special or local law ________________________________________________________________________ to the contrary, the local housing agency may require by rule that _____________________________________ applications be filed electronically. § 63-i. Paragraph (a) of subdivision 6 of section 421-a of the real property tax law is amended by adding three new subparagraphs (iii), (iv) and (v) to read as follows: ______________________________________________________________________ (iii) "Commencement date" shall mean, with respect to any building in ________________________________________________________________________ a covered project and notwithstanding any local law to the contrary, the ________________________________________________________________________ date upon which excavation and construction of initial footings and ________________________________________________________________________ foundations lawfully begins in good faith or, for an eligible conver________________________________________________________________________ sion, the date upon which the actual construction of the conversion, ________________________________________________________________________ alteration or improvement of the pre-existing building or structure ______________________________ lawfully begins in good faith. ______________________________________________________________________ (iv) "Completion date" shall mean the date upon which the local ________________________________________________________________________ department of buildings issues the first temporary or permanent certif________________________________________________________________________ icate of occupancy covering all residential areas of a building in a ________________ covered project. ______________________________________________________________________ (v) "Covered project agreement" shall mean an agreement executed and ________________________________________________________________________ recorded on or before December thirty-first, two thousand fifteen, and ________________________________________________________________________ not thereafter amended to include additional real property, by and ________________________________________________________________________ between the owners of the real property containing all of the affordable ________________________________________________________________________ units and the market units which will constitute a single covered __________________________________________________________________ project as defined pursuant to subparagraph (i) of this paragraph. § 63-j. Paragraph (b) of subdivision 6 of section 421-a of the real property tax law, as added by chapter 110 of the laws of 2005, is amended to read as follows: (b) No benefits under the provisions of this section shall be conferred on any _____________ building in a covered project located in the Greenpoint - Williamsburg waterfront exclusion area unless [such] _________________ the real property ________________________________________________________________________ containing such building is identified in a covered project agreement, _________________ and the covered project ______________________________ that includes such building shall provide affordable housing for persons and families of low and moderate income that meets one of the following conditions: (i) not less than twenty percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed eighty percent of the area median incomes adjusted for family size, ______ and ________________________________________________________________________ at least one building in such covered project that contains not less ________________________________________________________________________ than twenty percent of its dwelling units meeting this affordable hous________________________________________________________________________ ing requirement has a commencement date on or before December thirty- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 50 A. 8323 ________________________________________________________________________ first, two thousand fifteen and all of the buildings in such covered ________________________________________________________________________ project that receive benefits pursuant to paragraph (f) of this subdivi________________________________________________________________________ sion 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. § 63-k. Paragraph (f) of subdivision 6 of section 421-a of the real property tax law, as added by chapter 110 of the laws of 2005, is amended to read as follows: (f) With respect to any covered project located entirely within the Greenpoint - Williamsburg waterfront exclusion area, the period of tax benefits awarded to any building in such covered project shall be the same as the period of tax benefits awarded under clause [(A)] ___ (D) of subparagraph (iii) of paragraph (a) of subdivision two of this section. With respect to any covered project which includes one or more buildings located outside the Greenpoint - Williamsburg waterfront exclusion area, the period of tax benefits awarded to any building in such covered project that is located within the Greenpoint - Williamsburg waterfront exclusion area shall be the same as the period of tax benefits awarded under clause (A) of subparagraph (ii) of paragraph (a) of subdivision two of this section. § 63-l. Paragraph (d) of subdivision 7 of section 421-a of the real property tax law, as added by chapter 618 of the laws of 2007, and subparagraphs (i) and (ii) as amended by chapter 619 of the laws of 2007, are amended to read as follows: (d) Unless preempted by federal requirements: (i) all affordable units must have a comparable number of bedrooms as market rate units and a unit mix proportional to the market rate units, or at least fifty percent of the affordable units must have two or more bedrooms and no more than fifty percent of the remaining units can be smaller than one bedroom or in addition to the requirements of paragraph (c) of this subdivision, the floor area of affordable units is no less than twenty percent of the total floor area of all dwelling units; [and] (ii) _________________________________________________________________ affordable units shall share the same common entrances and common ________________________________________________________________________ areas as market rate units, and shall not be isolated to a specific ________________________________________________________________________ floor or area of a building. Common entrances shall mean any area regu________________________________________________________________________ larly used by any resident for ingress and egress from a multiple dwell________ ing; and _____ (iii) residents of the community board where the multiple dwelling which receives the benefits provided in this section is located shall, upon initial occupancy, have priority for the purchase or rental of fifty percent of the affordable units. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 51 A. 8323 § 63-m. Subdivision 8 of section 421-a of the real property tax law, as added by chapter 618 of the laws of 2007, subparagraph (i) of 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 officer to be prevailing for the various classes of building service employees 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 prevailing wage ______________________________________________________ for the duration of benefits pursuant to this section. (c) [The limitations contained in paragraph] ________________________ The fiscal officer shall ________________________________________________________________________ have the power to enforce the provisions of this subdivision. In enforc_____________________________________________________________ ing such provisions, the fiscal officer shall have the power: ______________________________________________________________________ (i) to investigate or cause an investigation to be made to determine ________________________________________________________________________ the prevailing wages for building service employees; in making such ________________________________________________________________________ investigation, the fiscal officer may utilize wage and fringe benefit ________________________________________________________________________ data from various sources, including, but not limited to, data and ________________________________________________________________ determinations of federal, state or other governmental agencies; ______________________________________________________________________ (ii) to institute and conduct inspections at the site of the work or __________ elsewhere; ______________________________________________________________________ (iii) to examine the books, documents and records pertaining to the ________________________________________________________________________ wages paid to, and the hours of work performed by, building service __________ employees; ______________________________________________________________________ (iv) to hold hearings and, in connection therewith, to issue subpoe________________________________________________________________________ nas, administer oaths and examine witnesses; the enforcement of a ________________________________________________________________________ subpoena issued under this subdivision shall be regulated by the civil _______________________ practice law and rules; ______________________________________________________________________ (v) to make a classification by craft, trade or other generally recog________________________________________________________________________ nized occupational category of the building service employees and to AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 52 A. 8323 ________________________________________________________________________ determine whether such work has been performed by the building service _________________________________ employees in such classification; ______________________________________________________________________ (vi) to require the applicant to file with the fiscal officer a record ________________________________________________________________________ of the wages actually paid by such applicant to the building service _____________________________________ employees and of their hours of work; ______________________________________________________________________ (vii) to delegate any of the foregoing powers to his or her deputy or ____________________________________ other authorized representative; and ______________________________________________________________________ (viii) to promulgate rules as he or she shall consider necessary for ________________________________________________________________________ the proper execution of the duties, responsibilities and powers ______________________________________________________________ conferred upon him or her by the provisions of this paragraph. ______________________________________________________________________ (d) If the fiscal officer finds that the applicant has failed to ________________________________________________________________________ comply with the provisions of this subdivision, he or she shall present ___________________________________________________________ evidence of such noncompliance to the local housing agency. _____________ (e) Paragraph (b) of this subdivision shall not be applicable to: (i) projects containing less than fifty dwelling units; or (ii) buildings where the local housing agency certifies that at initial occupancy at least fifty percent of the dwelling units are affordable to individuals or families with a gross household income at or below one hundred twenty-five percent of the area median income and that any such units which are located in rental buildings will be subject to restrictions to insure that they will remain affordable for the entire period during which they receive benefits under this section. [(d)] ___ (f) The local housing agency shall prescribe appropriate sanctions 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 alteration 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. § 64. Paragraph (b) of subdivision 3 of section 421-m of the real property tax law, as added by section 43 of part B of chapter 97 of the laws of 2011, is amended to read as follows: (b) Such construction or substantial rehabilitation was commenced on or after the effective date of the local law, ordinance or resolution described in subdivision one of this section, but no later than June fifteenth, two thousand [fifteen] ________ nineteen. § 64-a. The real property tax law is amended by adding a new section 467-i to read as follows: ______________________________________________________________________ § 467-i. Real property tax abatement. An eligible building shall ________________________________________________________________________ receive an abatement of real property taxes as provided in this section ____________________________________ and the rules promulgated hereunder. ______________________________________________________________________ 1. The amount of such tax abatement shall be determined pursuant to ________________________________________________________________________ regulations promulgated by the commissioner of the state department of ________________________________________________________________________ taxation and finance. The value of such tax abatement shall be deter________________________________________________________________________ mined based upon a formula to be established by the commissioner of the ________________________________________________________________________ state department of taxation and finance that shall reflect the value of ________________________________________________________________________ the major capital improvement, the economic loss imposed upon a building ________________________________________________________________________ owner as a result of changes to the amortization period authorized for ________________________________________________________________________ major capital improvements pursuant to this title and such other factors ________________________________________________________________________ as the commissioner may establish, including appropriate discount rates _________________ and time periods. ______________________________________________________________________ 2. Such tax abatement shall commence on July first following the ________________________________________________________________________ approval of an application for tax abatement by the department of ________________________________________________________________________ finance on a form prescribed thereby providing the amount of the major AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 53 A. 8323 ________________________________________________________________________ capital improvement approved by the division and the amount of units in ______________________ the eligible building. ______________________________________________________________________ 3. Such abatement may not be carried over to any subsequent tax year ________________________________________________________________________ and shall not reduce or be offset by any other tax benefit provided, ________________________________________________ approved or calculated by the city or the state. ______________________________________________________________________ 4. "Eligible building" shall mean for the purposes of this section a ________________________________________________________________________ class two building located in a city of a million or more which is ________________________________________________________________________ subject to either the emergency housing rent control law or to the rent ________________________________________________________________________ and rehabilitation law of the city of New York enacted pursuant to the ________________________________________________________________________ emergency housing rent control law or to the emergency tenant protection _____________________________ act of nineteen seventy-four. ______________________________________________________________________ 5. With respect to administration of the tax abatement program ________________________________________________________________________ authorized in this section, no local agency shall consider or adopt any ________________________________________________________________________ eligibility criteria that are different than those promulgated by the _________________________________________ state department of taxation and finance. § 65. Real property tax abatement. An eligible building shall receive an abatement of real property taxes as provided in this section and the rules promulgated hereunder. 1. The amount of such tax abatement shall be determined by calculating fifty percent of the economic loss attributed to the building owner as a result of changes to the amortization period as established by this act for such buildings, which shall be measured as follows: the total approved cost of the major capital improvement, multiplied by a fraction, the numerator of which is the increase, measured in months, of the amortization schedule of such improvement established by the rent act of 2015, and the denominator of which is the total new amortization period, measured in months, for the major capital improvement established by the rent act of 2015 as applied to such eligible building. 2. Such tax abatement shall commence on July first following the approval of an application for tax abatement by the department of finance on a form prescribed thereby providing the amount of the major capital improvement approved by the New York state division of housing and community renewal and the amount of units in the eligible building. 3. Such abatement may not be carried over to any subsequent tax year and shall not reduce or be offset by any other tax benefit provided, approved or calculated by the city or the state. 4. "Eligible building" shall mean for the purposes of this section a class two building located in a city with a population of one million or more which is subject either to the emergency housing rent control law or to the rent and rehabilitation law of the city of New York enacted pursuant to the emergency housing rent control law or to the emergency tenant protection act of nineteen seventy-four. 5. With respect to administration of the tax abatement program authorized herein, no local agency shall consider or adopt any eligibility criteria that are different than those promulgated by the state department of taxation and finance. § 66. This act shall take effect immediately; and shall be deemed to have been in full force and effect on and after June 15, 2015; provided, however, that: (a) the amendments to chapter 4 of title 26 of the administrative code of the city of New York made by sections ten, twelve, sixteen, sixteen-a, twenty-three, twenty-four and twenty-nine of this act shall expire on the same date as such chapter expires and shall not affect the expiration of such chapter as provided under section 26-520 of such law; (b) the amendments to the emergency tenant protection act of nineteen seventy-four made by sections eight, eleven, thirteen, sixteen-b, twen- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 54 A. 8323 ty-seven, twenty-eight and thirty of this act shall expire on the same date as such act expires and shall not affect the expiration of such act as provided in section 17 of chapter 576 of the laws of 1974; (c) the amendments to the emergency housing rent control law made by sections seven, fourteen and thirty-two of this act shall expire on the same date as such law expires and shall not affect the expiration of such law as provided in subdivision 2 of section 1 of chapter 274 of the laws of 1946; (d) the amendments to chapter 3 of title 26 of the administrative code of the city of New York made by sections nine, fifteen, twenty-five, twenty-six and thirty-one of this act shall remain in full force and effect only as long as the public emergency requiring the regulation and control of residential rents and evictions continues, as provided in subdivision 3 of section 1 of the local emergency housing rent control act; (e) the amendments made by sections fourteen through twenty-one of this act shall not be grounds for dismissal of any owner application for deregulation where a notice or application for such deregulation, that is filed or served between May 1, 2015 through July 1, 2015, used the income and rent deregulation thresholds in effect prior to the effective date of such sections. Any tenant failure to respond to such notice or application because of the use of such income or deregulation thresholds shall constitute grounds to afford such tenant an additional opportunity to respond; (f) the amendments to paragraph 2 of subdivision c of section 26-516 of the administrative code of the city of New York made by section twenty-three of this act shall not affect the expiration of such paragraph and shall expire therewith when upon such date section twenty-four of this act shall take effect; (g) the amendments to subparagraph (a) of paragraph 2 of subdivision b of section 26-413 of the administrative code of the city of New York made by section twenty-five of this act shall not affect the expiration and reversion of such subparagraph and shall expire therewith when upon such date the provisions of section twenty-six of this act shall take effect; (h) the amendments to clause (ii) of paragraph 3 of subdivision a of section 12 of the emergency tenant protection act of nineteen seventyfour made by section twenty-seven of this act shall be subject to the expiration and reversion of such clause when upon such date section twenty-eight of this act shall take effect; (i) the amendments to paragraph (vi) of subdivision 1 of section 284 of the multiple dwelling law made by section twenty-two-a of this act shall not affect the expiration and reversion of such paragraph and shall expire therewith; (j) the provisions of sections thirty-three, thirty-four, thirty-five, thirty-six, thirty-seven, thirty-eight, thirty-nine, forty, forty-one, forty-two, forty-three, forty-four, forty-five, forty-six, forty-seven, forty-eight, forty-nine and fifty of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after June 23, 2015; (k) the amendments to subparagraph (A) of paragraph 7 of subdivision (ee) of section 1115 of the tax law made by section thirty-three of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith; (l) Provided however if and when the memorandum of understanding is fully executed as provided in section 63-c of this act, the signatories AB S. 6012 55 A. 8323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 to the memorandum shall notify the legislative bill drafting commission upon the execution of the memorandum of the understanding in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. Further, the legislative bill drafting commission shall notify the leadership of both the Senate and the Assembly as well as the commissioner of the division of housing and community renewal, immediately upon receipt of a memorandum of understanding pursuant to this subdivision. (m) the provisions of sections sixty-three-k of this act shall take effect immediately and shall be deemed to have been in full force and effect on and after August 17, 2007; and (n) notwithstanding any other provision of law, rule or regulation, any rental or homeownership project whose commencement date has occurred or that has submitted an application for benefits under section 421-a of the real property tax law, prior to the effective date of the rent act of 2015 shall be governed by the provision of law in effect at the time of such application. 20 PART B 21 22 23 24 25 26 27 28 29 30 Section 1. This act enacts into law major components of legislation in relation to education. Each component is wholly contained within a Subpart identified as Subparts A through E. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 SUBPART A Section 1. Paragraph (a-1) of subdivision 3 of section 2854 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (a-1) The board of trustees of a charter school shall employ and contract with necessary teachers, administrators and other school personnel. Such teachers shall be certified in accordance with the requirements applicable to other public schools; provided, however, that a charter school may employ as teachers (i) uncertified teachers with at least three years of elementary, middle or secondary classroom teaching experience; (ii) tenured or tenure track college faculty; (iii) individuals with two years of satisfactory experience through the Teach for America program; and (iv) individuals who possess exceptional business, professional, artistic, athletic, or military experience, provided, however, that such teachers described in clauses (i), (ii), (iii), and (iv) of this paragraph shall not in total comprise more than ___________ the sum of: ___ (A) thirty per centum of the teaching staff of a charter school, or five teachers, whichever is less; __________________________________________ plus (B) five teachers of mathematics, ________________________________________________________________________ science, computer science, technology, or career and technical educa________________________________________ tion; plus (C) five additional teachers. A teacher certified or otherwise approved by the commissioner shall not be included in the numerical limits established by the preceding sentence. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 56 A. 8323 § 2. Subdivisions 9 and 9-a of section 2852 of the education law, subdivision 9 as amended and subdivision 9-a as added by chapter 101 of the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter 221 of the laws of 2010, paragraph (f) of subdivision 9-a as amended by chapter 102 of the laws of 2010, are amended to read as follows: 9. The total number of charters issued pursuant to this article ______ state____ wide shall not exceed four hundred sixty. (a) [One hundred of such charters shall be issued on the recommendation of the charter entity described in paragraph (b) of subdivision three of section twenty-eight hundred fifty-one of this article; (b) one hundred of such charters shall be issued on the recommendation of the other charter entities set forth in subdivision three of section twenty-eight hundred fifty-one of this article; (c) up to fifty of the additional charters authorized to be issued by the chapter of the laws of two thousand seven which amended this subdivision effective July first, two thousand seven shall be reserved for a city school district of a city having a population of one million or more; (d) one hundred thirty charters shall be issued by the board of regents pursuant to a competitive process in accordance with subdivision nine-a of this section, provided that no more than fiftyseven of such charters shall be granted to a charter for a school to be located in a city having a population of one million or more; (e) one hundred thirty charters shall be issued by the board of regents on the recommendation of the board of trustees of the state university of New York pursuant to a competitive process in accordance with subdivision nine-a of this section, provided that no more than fifty-seven of such charters shall be granted to a charter for a school to be located in a city having a population of one million or more] ______________________ All charters issued on ________________________________________________________________________ or after July first, two thousand fifteen and counted toward the numer________________________________________________________________________ ical limits established by this subdivision shall be issued by the board ________________________________________________________________________ of regents upon application directly to the board of regents or on the ________________________________________________________________________ recommendation of the board of trustees of the state university of New ________________________________________________________________________ York pursuant to a competitive process in accordance with subdivision ________________________________________________________________________ nine-a of this section. Fifty of such charters issued on or after July ________________________________________________________________________ first, two thousand fifteen, and no more, shall be granted to a charter ________________________________________________________________________ for a school to be located in a city having a population of one million ________ or more. The failure of any body to issue the regulations authorized pursuant to this article shall not affect the authority of a charter entity to propose a charter to the board of regents or the board of regents' authority to grant such charter. A conversion of an existing public school to a charter school, _ or the renewal or extension of a charter _______________________________ approved by any charter entity, shall not be counted toward the numerical limits established by this subdivision. ______________________________________________________________________ (b) A charter that has been surrendered, revoked or terminated on or ________________________________________________________________________ before July first, two thousand fifteen, including a charter that has ________________________________________________________________________ not been renewed by action of its charter entity, may be reissued pursu________________________________________________________________________ ant to paragraph (a) of this subdivision by the board of regents either ________________________________________________________________________ upon application directly to the board of regents or on the recommenda________________________________________________________________________ tion of the board of trustees of the state university of New York pursu________________________________________________________________________ ant to a competitive process in accordance with subdivision nine-a of ________________________________________________________________________ this section. Provided that such reissuance shall not be counted toward ________________________________________________________________________ the statewide numerical limit established by this subdivision, and ________________________________________________________________________ provided further that no more than twenty-two charters may be reissued ___________________________ pursuant to this paragraph. ______________________________________________________________________ (c) For purposes of determining the total number of charters issued ________________________________________________________________________ within the numerical limits established by this subdivision, the ____________________________________________________________________ approval date of the charter entity shall be the determining factor. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 57 A. 8323 ______________________________________________________________________ (d) Notwithstanding any provision of this article to the contrary, any ________________________________________________________________________ charter authorized to be issued by chapter fifty-seven of the laws of ________________________________________________________________________ two thousand seven effective July first, two thousand seven, and that ________________________________________________________________________ remains unissued as of July first, two thousand fifteen, may be issued ________________________________________________________________________ pursuant to the provisions of law applicable to a charter authorized to ________________________________________________________________________ be issued by such chapter in effect as of June fifteenth, two thousand ________________________________________________________________________ fifteen; provided however that nothing in this paragraph shall be ________________________________________________________________________ construed to increase the numerical limit applicable to a city having a ________________________________________________________________________ population of one million or more as provided in paragraph (a) of this ________________________________________________________________________ subdivision, as amended by a chapter of the laws of two thousand fifteen ___________________________ which added this paragraph. 9-a. (a) The board of regents is hereby authorized and directed to issue [two] ____ four hundred sixty charters ______________________________ statewide upon either applica________________________________________________________________________ tions submitted directly to the board of regents or upon the recommenda_________________________________________________________________ tion of the board of trustees of the state university of New York pursuant to a competitive request for proposals process. [(i) Commencing on August first, two thousand ten through September first, two thousand thirteen, the board of regents and the board of trustees of the state university of New York shall each issue a request for proposals in accordance with this subdivision and this subparagraph: (1) Each request for proposals to be issued by the board of regents and the board of trustees of the state university of New York on August first, two thousand ten shall be for a maximum of thirty-two charters to be issued for charter schools which would commence instructional operation by the September of the next calendar year. (2) Each request for proposals to be issued by the board of regents and the board of trustees of the state university of New York on January first, two thousand eleven shall be for a maximum of thirty-three charters to be issued for charter schools which would commence instructional operation by the September of the next calendar year. (3) Each request for proposals to be issued by the board of regents and the board of trustees of the state university of New York on January first, two thousand twelve shall be for a maximum of thirty-two charters to be issued for charter schools which would commence instructional operation by the September of the next calendar year. (4) Each request for proposals to be issued by the board of regents and the board of trustees of the state university of New York on September first, two thousand thirteen shall be for a maximum of thirty-three charters to be issued for charter schools which would commence instructional operation by the September of the next calendar year. (ii) If after September first, two thousand thirteen, either the board of regents or the board of trustees of the state university of New York have any charters which have not yet been issued, they may be issued pursuant to requests for proposals issued in each succeeding year, without limitation as to when such requests for proposals may be issued, or a limitation on the number of charters which may be issued. (iii) Notwithstanding the provisions of clauses one, two, three and four of subparagraph (i) of this paragraph and subparagraph (ii) of this paragraph, if fewer charters are issued than were requested in such request for proposals, the difference may be added to the number of charters requested in the request for proposals issued in each succeeding year. (iv)] The board of regents shall make a determination to issue a charter pursuant to a request for proposals no later than December thirtyfirst of each year. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 58 A. 8323 (b) The board of regents and the board of trustees of the state university of New York shall each develop such request for proposals in a manner that facilitates a thoughtful review of charter school applications, considers the demand for charter schools by the community, and seeks to locate charter schools in a region or regions where there may be a lack of alternatives and access to charter schools would provide new alternatives within the local public education system that would offer the greatest educational benefit to students. Applications shall be evaluated in accordance with the criteria and objectives contained within a request for proposals. The board of regents and the board of trustees of the state university of New York shall not consider any applications which do not rigorously demonstrate that they have met the following criteria: (i) that the proposed charter school would meet or exceed enrollment and retention targets, as prescribed by the board of regents or the board of trustees of the state university of New York, as applicable, of students with disabilities, English language learners, and students who are eligible applicants for the free and reduced price lunch program. When developing such targets, the board of regents and the board of trustees of the state university of New York, shall ensure (1) that such enrollment targets are comparable to the enrollment figures of such categories of students attending the public schools within the school district, or in a city school district in a city having a population of one million or more inhabitants, the community school district, in which the proposed charter school would be located; and (2) that such retention targets are comparable to the rate of retention of such categories of students attending the public schools within the school district, or in a city school district in a city having a population of one million or more inhabitants, the community school district, in which the proposed charter school would be located; and (ii) that the applicant has conducted public outreach, in conformity with a thorough and meaningful public review process prescribed by the board of regents and the board of trustees of the state university of New York, to solicit community input regarding the proposed charter school and to address comments received from the impacted community concerning the educational and programmatic needs of students. (c) The board of regents and the board of trustees of the state university of New York shall grant priority based on a scoring rubric to those applications that best demonstrate how they will achieve the following objectives, and any additional objectives the board of regents and the board of trustees of the state university of New York, may prescribe: (i) increasing student achievement and decreasing student achievement gaps in reading/language arts and mathematics; (ii) increasing high school graduation rates and focusing on serving specific high school student populations including, but not limited to, students at risk of not obtaining a high school diploma, re-enrolled high school drop-outs, and students with academic skills below grade level; (iii) focusing on the academic achievement of middle school students and preparing them for a successful transition to high school; (iv) utilizing high-quality assessments designed to measure a student's knowledge, understanding of, and ability to apply, critical concepts through the use of a variety of item types and formats; (v) increasing the acquisition, adoption, and use of local instructional improvement systems that provide teachers, principals, and admin- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 59 A. 8323 istrators with the information and resources they need to inform and improve their instructional practices, decision-making, and overall effectiveness; (vi) partnering with low performing public schools in the area to share best educational practices and innovations; (vii) demonstrating the management and leadership techniques necessary to overcome initial start-up problems to establish a thriving, financially viable charter school; (viii) demonstrating the support of the school district in which the proposed charter school will be located and the intent to establish an ongoing relationship with such school district. (d) No later than November first, two thousand ten, and of each succeeding year, after a thorough review of applications received, the board of trustees of the state university of New York shall recommend for approval to the board of regents the qualified applications that it has determined rigorously demonstrate the criteria and best satisfy the objectives contained within a request for proposals, along with supporting documentation outlining such determination. (e) Upon receipt of a proposed charter to be issued pursuant to this subdivision submitted by a charter entity, the board of regents or the board of trustees of the state university of New York, shall review, recommend and issue, as applicable, such charters in accordance with the standards established in this subdivision. (f) The board of regents shall be the only entity authorized to issue a charter pursuant to this article. The board of regents shall consider applications submitted directly to the board of regents and applications recommended by the board of trustees of the state university of New York. Provided, however, that all such recommended applications shall be deemed approved and issued pursuant to the provisions of subdivisions five, five-a and five-b of this section. (g) Each application submitted in response to a request for proposals pursuant to this subdivision shall also meet the application requirements set out in this article and any other applicable laws, rules and regulations. (h) During the development of a request for proposals pursuant to this subdivision the board of regents and the board of trustees of the state university of New York shall each afford the public an opportunity to submit comments and shall review and consider the comments raised by all interested parties. § 3. Paragraph (b) of subdivision 2 of section 2854 of the education law, as amended by chapter 101 of the laws of 2010, is amended to read as follows: (b) Any child who is qualified under the laws of this state for admission to a public school is qualified for admission to a charter school. Applications for admission to a charter school shall be submitted on a uniform application form created by the department and shall be made available by a charter school in languages predominately spoken in the community in which such charter school is located. The school shall enroll each eligible student who submits a timely application by the first day of April each year, unless the number of applications exceeds the capacity of the grade level or building. In such cases, students shall be accepted from among applicants by a random selection process, provided, however, that an enrollment preference shall be provided to pupils returning to the charter school in the second or any subsequent year of operation and pupils residing in the school district in which the charter school is located, and siblings of pupils already enrolled AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 60 A. 8323 in the charter school. ______________________________________________ Preference may also be provided to children of ________________________________________________________________________ employees of the charter school or charter management organization, ________________________________________________________________________ provided that such children of employees may constitute no more than ____________________________________________________________ fifteen percent of the charter school's total enrollment. The commissioner shall establish regulations to require that the random selection process conducted pursuant to this paragraph be performed in a transparent and equitable manner and to require that the time and place of the random selection process be publicized in a manner consistent with the requirements of section one hundred four of the public officers law and be open to the public. For the purposes of this paragraph and paragraph (a) of this subdivision, the school district in which the charter school is located shall mean, for the city school district of the city of New York, the community district in which the charter school is located. § 4. This act shall take effect immediately. SUBPART B Section 1. The sum of two hundred fifty million dollars ($250,000,000) is hereby appropriated to the state education department out of any moneys in the state treasury in the general fund to the credit of the local assistance account, not otherwise appropriated, and made immediately available, for reimbursement to non-public schools for prior year expenses for performing state-mandated functions, including but not limited to the comprehensive attendance policy program. Provided, further, that up to twenty million dollars ($20,000,000) of the amount appropriated herein shall be available to pay additional liabilities of the comprehensive attendance policy program for the 2013-14 and 2014-15 school years. Notwithstanding any inconsistent provision of law, funds appropriated herein shall be used for such reimbursement in accordance with a methodology recommended by the commissioner of education to address prior year expenses of non-public schools for such state-mandated functions. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the director of the budget as submitted by the commissioner of education in the manner prescribed by law. Notwithstanding section 40 of the state finance law or any provision of law to the contrary, this appropriation shall lapse on March 31, 2017. § 2. This act shall take effect immediately. SUBPART C Section 1. Section 305 of the education law is amended by adding a new subdivision 51-a to read as follows: ______________________________________________________________________ 51-a. On or before June first, two thousand fifteen, and each year ________________________________________________________________________ thereafter, the commissioner shall release the test questions, test ________________________________________________________________________ answers, and corresponding correct answers from each of the most recent________________________________________________________________________ ly administered English language arts and mathematics examinations in ________________________________________________________________________ grades three through eight of that year. The commissioner may limit the ________________________________________________________________________ number of questions and answers released only to the extent necessary to ________________________________________________________________________ avoid hindering or impairing the validity and/or reliability of future ________________________________________________________________________ examinations and must provide enough of an overview of each examination ________________________________________________________________________ so that teachers, administrators, principals, parents and students can ________________________________________________________________________ be provided with sufficient feedback on the types of questions adminis________________________________________________________________________ tered and, by July first, two thousand fifteen, and each year thereaft________________________________________________________________________ er, the commissioner shall release the general student success rate in ___________________________________ answering such questions correctly. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 61 A. 8323 § 2. The sum of eight million four hundred thousand dollars ($8,400,000), or so much thereof as may be necessary, is hereby appropriated to the department of education out of any moneys in the state treasury in the general fund to the credit of the state purposes account, not otherwise appropriated, and made immediately available, for the purpose of carrying out the provisions of subdivision 51-a of section 305 of the education law, as added by section one of this act, and in order to create and print more forms of state standardized assessments in order to eliminate stand-alone multiple choice field tests and release a significant amount of test questions. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the division of the budget as submitted by the commissioner of education in the manner prescribed by law. § 3. Subparagraph 1 of paragraph a of subdivision 4 of section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is amended to read as follows: (1) For the first subcomponent, (A) for a teacher whose course ends in a state-created or administered test for which there is a state-provided growth model, such teacher shall have a state-provided growth score based on such model, _____________________________________________________ which shall take into consideration certain student ________________________________________________________________________ characteristics, as determined by the commissioner, including but not ________________________________________________________________________ limited to students with disabilities, poverty, English language learner ________________________________________________________________________ status and prior academic history and which shall identify educators ________________________________________________________________________ whose students' growth is well above or well below average compared to ________________________________________________________________________ similar students for a teacher's or principal's students after the _____________________________________________________________ certain student characteristics above are taken into account; and (B) for a teacher whose course does not end in a state-created or administered test such teacher shall have a student learning objective (SLO) consistent with a goal-setting process determined or developed by the commissioner, that results in a student growth score; provided that, for any teacher whose course ends in a state-created or administered assessment for which there is no state-provided growth model, such assessment must be used as the underlying assessment for such SLO; § 4. Section 305 of the education law is amended by adding two new subdivisions 53 and 54 to read as follows: ______________________________________________________________________ 53. The commissioner is authorized and directed to establish a ________________________________________________________________________ content review committee for the purposes of reviewing all standardized ________________________________________________________________________ test items and/or selected passages used on English language arts and ________________________________________________________________________ mathematics state assessments for grades three through eight to ensure: ________________________________________________________________________ (a) they are grade level appropriate, in general; (b) they are presented ________________________________________________________________________ at a readability level that is grade-level appropriate; (c) they are ________________________________________________________________________ within grade-level expectations; and (d) they appropriately measure the ________________________________________________________________________ learning standards approved by the board of regents applicable to such ________________________________________________________________________ subject and/or grade level. The review of such items and passages shall ________________________________________________________________________ be conducted prior to their use in such assessments provided however, ________________________________________________________________________ for the two thousand fifteen--two thousand sixteen school year only, if ________________________________________________________________________ such requirement would prevent the ability of such assessments to be ________________________________________________________________________ administered, then items or passages that have not been reviewed may be ________________________________________________________________________ used. Provided further, the content review committee shall review any ________________________________________________________________________ new standardized test items and/or selected passages prior to their use ________________________________________________________________________ in such assessments. Such committee shall also ensure that any new test ________________________________________________________________________ items and/or selected passages are fair and appropriately measure the ________________________________________________________________________ learning standards approved by the board of regents applicable to such ________________________________________________________________________ subject and/or grade level. Such committee shall also ensure that ________________________________________________________________________ adequate and appropriate time is given to students for the adminis________________________________________________________________________ tration of such assessments, provided however that subdivision forty- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 62 A. 8323 ________________________________________________________________________ nine of this section must be complied with. The content review commit________________________________________________________________________ tee shall include classroom teachers and experienced educators in the ________________________________________________________________________ content area and/or grade level of the items/passages being reviewed, ________________________________________________________________________ including teachers of students with disabilities and English language _________ learners. ______________________________________________________________________ 54. Notwithstanding any law, rule or regulation to the contrary, no ________________________________________________________________________ teacher, principal, or superintendent shall be required to sign a confi________________________________________________________________________ dentiality agreement with their respective school district, board of ________________________________________________________________________ cooperative educational services, or the department that prevents such ________________________________________________________________________ teacher, principal, or superintendent from discussing the contents of ________________________________________________________________________ any items on the English language arts and mathematics assessments in ________________________________________________________________________ grades three through eight after such items have been released by the ________________________________________________________________________ department pursuant to subdivision fifty-one-a of this section or after ________________________________________________________________________ such items have been publicly disclosed by the department or other ________________________________________________________________________ appropriate entity. The commissioner shall amend and/or modify any ________________________________________________________________________ current confidentiality agreement inconsistent with this subdivision and ______________________________________________________________ shall promulgate regulations consistent with this subdivision. § 5. Notwithstanding any other provision of law, rule or regulation to the contrary, any previously entered into contract by the education department related to standardized test items and/or passages for use on state assessments in grades three through eight shall be amended to incorporate the provisions of section four of this act and any required approval of such contract amendments by a state agency shall be expedited to ensure compliance with section four of this act. § 6. The commissioner of education shall conduct a comprehensive review of the education standards administered by the state education department and seek input from education stakeholders when conducting such review. This review shall be completed on or before June 30, 2016, provided however, such review may be extended upon a determination of the commissioner if he or she feels more time is needed. § 7. This act shall take effect immediately; provided, however, that nothing in this act shall prevent or impair the commissioner of education from complying with the provisions of section one of this act prior to its effective date and provided further that the commissioner of education shall have thirty days from such effective date to comply with the provisions of section one of this act; and provided further that section four of this act shall take effect December 1, 2015. SUBPART D Section 1. Section 34 of chapter 91 of the laws of 2002 amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by chapter 345 of the laws of 2009, is amended to read as follows: § 34. This act shall take effect July 1, 2002; provided, that sections one through twenty, twenty-four, and twenty-six through thirty of this act shall expire and be deemed repealed [June 30, 2015] _____________ June 30, 2016; provided, further, that notwithstanding any provision of article 5 of the general construction law, on [June 30, 2015] _____________ June 30, 2016 the provisions of subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of the education law as repealed by section three of this act, subdivision 1 of section 2590-b of the education law as repealed by section six of this act, paragraph (a) of subdivision 2 of section 2590-b of the education law as repealed by section AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 63 A. 8323 seven of this act, section 2590-c of the education law as repealed by section eight of this act, paragraph c of subdivision 2 of section 2590-d of the education law as repealed by section twenty-six of this act, subdivision 1 of section 2590-e of the education law as repealed by section twenty-seven of this act, subdivision 28 of section 2590-h of the education law as repealed by section twenty-eight of this act, subdivision 30 of section 2590-h of the education law as repealed by section twenty-nine of this act, subdivision 30-a of section 2590-h of the education law as repealed by section thirty of this act shall be revived and be read as such provisions existed in law on the date immediately preceding the effective date of this act; provided, however, that sections seven and eight of this act shall take effect on November 30, 2003; provided further that the amendments to subdivision 25 of section 2554 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of chapter 147 of the laws of 2001, as amended, when upon such date the provisions of section four of this act shall take effect. § 2. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community superintendents, is amended to read as follows: 12. any provision in sections one, two, three, four, five, six, seven, eight, nine, ten and eleven of this act not otherwise set to expire pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or section 17 of chapter 123 of the laws of 2003, as amended, shall expire and be deemed repealed [June 30, 2015] _____________ June 30, 2016. § 3. This act shall take effect immediately. SUBPART E Section 1. Subdivision 2 of section 11 of the domestic relations law, as amended by chapter 264 of the laws of 1996, is amended to read as follows: 2. [A] ___________________________________ The current or a former governor, a mayor of a village, a county executive of a county, or a mayor, recorder, city magistrate, police justice or police magistrate of a city, a former mayor or the city clerk of a city of the first class of over one million inhabitants or any of his or her deputies or not more than four regular clerks, designated by him or her for such purpose as provided in section eleven-a of this [chapter] _______ article, except that in cities which contain more than one hundred thousand and less than one million inhabitants, a marriage shall be solemnized by the mayor, or police justice, and by no other officer of such city, except as provided in subdivisions one and three of this section. § 2. This act shall take effect immediately. § 2. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. AB S. 6012 64 A. 8323 1 2 3 § 3. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through E of this act shall be as specifically set forth in the last section of such Subparts. 4 PART C 5 6 7 8 9 10 11 12 13 14 Section 1. This act enacts into law major components of legislation in relation to taxes. Each component is wholly contained within a Subpart identified as Subparts A through H. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 SUBPART A Intentionally omitted. SUBPART B Section 1. Section 606 of the tax law is amended by adding a new subsection (n-1) to read as follows: ______________________________________________________________________ (n-1) Property tax relief credit. (1) An individual taxpayer who meets ________________________________________________________________________ the eligibility standards in paragraph two of this subsection shall be ________________________________________________________________________ allowed a credit against the taxes imposed by this article in the amount ________________________________________________________________________ specified in paragraph three of this subsection for tax years two thou________________________________________________________________________ sand sixteen, two thousand seventeen, two thousand eighteen, and two __________________ thousand nineteen. ______________________________________________________________________ (2) (a) To be eligible for the credit, the taxpayer (or taxpayers ________________________________________________________________________ filing joint returns) on the personal income tax return filed for the ________________________________________________________________________ taxable year two years prior, must have (i) been a resident, (ii) owned ________________________________________________________________________ and primarily resided in real property receiving the STAR exemption ________________________________________________________________________ authorized by section four hundred twenty-five of the real property tax ________________________________________________________________________ law, and (iii) had qualified gross income no greater than two hundred ________________________________________________________________________ seventy-five thousand dollars. Provided, however, that no credit shall _________________________________________ be allowed if any of the following apply: ______________________________________________________________________ (i) Such property is located in an independent school district that is ________________________________________________________________________ subject to the provisions of section two thousand twenty-three-a of the ________________________________________________________________________ education law and that has adopted a budget in excess of the tax levy ________________________________________________________________________ limit prescribed by that section. To render its taxpayers eligible for ________________________________________________________________________ the credit authorized by this subsection, the school district must ________________________________________________________________________ certify its compliance with such tax levy limit in the manner prescribed ________________________________________________________________________ by subdivision two of section two thousand twenty-three-b of the educa_________ tion law. ______________________________________________________________________ (ii) Such property is located in a city with a dependent school ________________________________________________________________________ district that is subject to the provisions of section three-c of the ________________________________________________________________________ general municipal law and that has adopted a budget in excess of the tax ________________________________________________________________________ levy limit prescribed by that section. To render its taxpayers eligible ________________________________________________________________________ for the credit authorized by this subsection, the city must certify its ________________________________________________________________________ compliance with such tax levy limit in the manner prescribed by subdivi_________________________________________________________ sion two of section three-d of the general municipal law. _______________________________________________________ (iii) Such property is located in the city of New York. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 65 A. 8323 ______________________________________________________________________ (3) Amount of credit. (a) For the two thousand sixteen taxable year ________________________________________________________________________ (i) for a taxpayer residing in real property located within the metro________________________________________________________________________ politan commuter transportation district (MCTD) and outside the city of ________________________________________________________________________ New York, the amount of the credit shall be $130; (ii) for a taxpayer ________________________________________________________________________ residing in real property located outside the MCTD, the amount of the _____________________ credit shall be $185. ______________________________________________________________________ (b) For the two thousand seventeen, two thousand eighteen and two ________________________________________________________________________ thousand nineteen taxable years (i) For a taxpayer who owned and prima________________________________________________________________________ rily resided in real property receiving the basic STAR exemption, the ________________________________________________________________________ amount of the credit shall equal the STAR tax savings associated with __________________________________________________________________ such basic STAR exemption, multiplied by the following percentage: ________________________________________________ (A) for the two thousand seventeen taxable year: ______________________ Qualified Gross Income __________ Percentage ________________ Not over $75,000 ___ 28% __________________________________ Over $75,000 but not over $150,000 _____ 20.5% ___________________________________ Over $150,000 but not over $200,000 ___ 13% ___________________________________ Over $200,000 but not over $275,000 ____ 5.5% _____________ Over $275,000 _________ No credit _______________________________________________ (B) for the two thousand eighteen taxable year: ______________________ Qualified Gross Income __________ Percentage ________________ Not over $75,000 ___ 60% __________________________________ Over $75,000 but not over $150,000 _____ 42.5% ___________________________________ Over $150,000 but not over $200,000 ___ 25% ___________________________________ Over $200,000 but not over $275,000 ____ 7.5% _____________ Over $275,000 _________ No credit _______________________________________________ (C) for the two thousand nineteen taxable year: ______________________ Qualified Gross Income __________ Percentage ________________ Not over $75,000 ___ 85% __________________________________ Over $75,000 but not over $150,000 ___ 60% ___________________________________ Over $150,000 but not over $200,000 ___ 35% ___________________________________ Over $200,000 but not over $275,000 ___ 10% _____________ Over $275,000 _________ No credit ______________________________________________________________________ (c) For a taxpayer who owned and primarily resided in real property ________________________________________________________________________ receiving the enhanced STAR exemption, the amount of the credit shall ________________________________________________________________________ equal the STAR tax savings associated with such enhanced STAR exemption, _______________________________________ multiplied by the following percentage: ____________ Taxable Year __________ Percentage ______________________ two thousand seventeen ___ 12% _____________________ two thousand eighteen ___ 26% _____________________ two thousand nineteen ___ 34% ______________________________________________________________________ (d) In no case may the amount of the credit allowed under this ________________________________________________________________________ subsection exceed the school district taxes due with respect to the _______________________________ residence for that school year. ____________________________________ (4) For purposes of this subsection: ______________________________________________________________________ (a) "Qualified gross income" means the adjusted gross income of the ________________________________________________________________________ qualified taxpayer for the taxable year as reported for federal income ________________________________________________________________________ tax purposes, or which would be reported as adjusted gross income if a ________________________________________________________________________ federal income tax return were required to be filed. In computing quali________________________________________________________________________ fied gross income, the net amount of loss reported on Federal Schedule ________________________________________________________________________ C, D, E, or F shall not exceed three thousand dollars per schedule. In ________________________________________________________________________ addition, the net amount of any other separate category of loss shall ________________________________________________________________________ not exceed three thousand dollars. The aggregate amount of all losses ________________________________________________________________________ included in computing qualified gross income shall not exceed fifteen _________________ thousand dollars. ______________________________________________________________________ (b) "STAR tax savings" means the tax savings attributable to the basic ________________________________________________________________________ or enhanced STAR exemption, whichever is applicable, within a portion of AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 66 A. 8323 ________________________________________________________________________ a school district, as determined by the commissioner pursuant to subdi________________________________________________________________________ vision two of section thirteen hundred six-a of the real property tax ____ law. ______________________________________________________________________ (c) "Metropolitan commuter transportation district" or "MCTD" means ________________________________________________________________________ the metropolitan commuter transportation district as defined in section _______________________________________________________ twelve hundred sixty-two of the public authorities law. ______________________________________________________________________ (5) If the amount of the credit allowed under this subsection shall ________________________________________________________________________ exceed the taxpayer's tax for the taxable year, the excess shall be ________________________________________________________________________ treated as an overpayment of tax to be credited or refunded in accord________________________________________________________________________ ance with the provisions of section six hundred eighty-six of this arti________________________________________________________________________ cle, provided, however, that no interest shall be paid thereon. For each ________________________________________________________________________ year this credit is allowed, on or before October fifteenth of such ________________________________________________________________________ year, or as soon thereafter as is practicable, the commissioner shall ________________________________________________________________________ determine the taxpayer's eligibility for this credit utilizing the ________________________________________________________________________ information available to the commissioner on the taxpayer's personal ________________________________________________________________________ income tax return filed for the taxable year two years prior to the ________________________________________________________________________ taxable year in which the credit is allowed. For those taxpayers whom ________________________________________________________________________ the commissioner has determined eligible for this credit, the commis________________________________________________________________________ sioner shall advance a payment in the amount specified in paragraph ________________________________________________________________________ three of this subsection, which payment shall be issued, to the greatest ________________________________________________________________________ extent practicable, by October thirty-first of each year the credit is ________________________________________________________________________ allowed. A taxpayer who has failed to receive an advance payment that ________________________________________________________________________ he or she believes was due to him or her, or who has received an advance ________________________________________________________________________ payment that he or she believes is less than the amount that was due to ________________________________________________________________________ him or her, may request payment of the claimed deficiency in a manner _______________________________ prescribed by the commissioner. ______________________________________________________________________ (6) A taxpayer shall not be eligible for the credit allowed under this ________________________________________________________________________ subsection if the school district taxes levied upon the residence during ________________________________________________________________________ the taxable year remain unpaid sixty days after the last date on which ________________________________________________________________________ they could have been paid without interest, or in the case of a school ________________________________________________________________________ district where such taxes are payable in installments, if such taxes ________________________________________________________________________ remain unpaid sixty days after the last date on which the final install________________________________________________________________________ ment could have been paid without interest. If the taxes remain unpaid ________________________________________________________________________ on such sixtieth day, the amount of credit claimed by the taxpayer under ________________________________________________________________________ this subsection or the amount of advance payment of credit received by ________________________________________________________________________ the taxpayer pursuant to paragraph five of this subsection shall be ________________________________________________________________________ added back as tax on the income tax return for the taxable year in which _________________________ such sixtieth day occurs. ______________________________________________________________________ (7) Only one credit per residence shall be allowed per taxable year ________________________________________________________________________ under this subsection. When two or more members of a residence are able ________________________________________________________________________ to meet the qualifications for a qualified taxpayer, the credit shall be ________________________________________________________________________ equally divided between or among such individuals. In the case of spous________________________________________________________________________ es who file a joint federal return but who are required to determine ________________________________________________________________________ their New York taxes separately, the credit allowed pursuant to this ________________________________________________________________________ subsection may be applied against the tax of either or divided between _______________________ them as they may elect. § 2. Section 3 of part K of chapter 59 of the laws of 2014, amending the tax law relating to providing an enhanced real property tax circuit breaker, is amended to read as follows: § 3. This act shall take effect immediately and shall apply to taxable years beginning on or after January 1, 2014 and shall expire and be deemed repealed January 1, [2016] ____ 2020. § 3. This act shall take effect immediately. SUBPART C AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 67 A. 8323 Section 1. Paragraph c of subdivision 2 of section 2023-a of the education law, as added by section 2 of part A of chapter 97 of the laws of 2011, is amended to read as follows: c. "Capital local expenditures" means the taxes associated with budgeted expenditures resulting from the financing, refinancing, acquisition, design, construction, reconstruction, rehabilitation, improvement, furnishing and equipping of, or otherwise providing for school district capital facilities or school district capital equipment, including debt service and lease expenditures, and transportation capital debt service, subject to the approval of the qualified voters where required by law. ________________________________________________________________________ The commissioner of taxation and finance shall, as appropriate, promul________________________________________________________________________ gate rules and regulations which may provide for adjustment of capital ________________________________________________________________________ local expenditures to reflect a school district's share of additional ________________________________________________________________________ budgeted capital expenditures made by a board of cooperative educational _________ services. § 2. Subparagraph (i) of paragraph (b) of subdivision 3 of section 3-c of the general municipal law, as added by section 1 of part A of chapter 97 of the laws of 2011, is amended to read as follows: (i) The commissioner of taxation and finance shall calculate a quantity change factor for each local government for the coming fiscal year based upon the physical or quantity change, as defined by section twelve hundred twenty of the real property tax law, reported to the commissioner of taxation and finance by the assessor or assessors pursuant to section five hundred seventy-five of the real property tax law. The quantity change factor shall show the percentage by which the full value of the taxable real property in the local government has changed due to physical or quantity change between the second final assessment roll or rolls preceding the final assessment roll or rolls upon which taxes are to be levied, and the final assessment roll or rolls immediately preceding the final assessment roll or rolls upon which taxes are to be levied. _______________________________________________________________ The commissioner of taxation and finance shall, as appropriate, ________________________________________________________________________ promulgate rules and regulations regarding the calculation of the quan________________________________________________________________________ tity change factor which may adjust the calculation based on the devel__________________________ opment on tax exempt land. § 3. Paragraph b of subdivision 2-a of section 2023-a of the education law, as added by section 2 of part A of chapter 97 of the laws of 2011, is amended to read as follows: b. The commissioner of taxation and finance shall calculate a quantity change factor for the coming school year for each school district based upon the physical or quantity change, as defined by section twelve hundred twenty of the real property tax law, reported to the commissioner of taxation and finance by the assessor or assessors pursuant to section five hundred seventy-five of the real property tax law. The quantity change factor shall show the percentage by which the full value of the taxable real property in the school district has changed due to physical or quantity change between the second final assessment roll or rolls preceding the final assessment roll or rolls upon which taxes are to be levied, and the final assessment roll or rolls immediately preceding the final assessment roll or rolls upon which taxes are to be levied. _______________________________________________________________ The commissioner of taxation and finance shall, as appropriate, ________________________________________________________________________ promulgate rules and regulations regarding the calculation of the quan________________________________________________________________________ tity change factor which may adjust the calculation based on the devel__________________________ opment on tax exempt land. § 4. Severability clause. If an amendment made by section two or section three of this act or their application to any person, legal entity, or circumstance is held invalid by a court of competent juris- AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 68 A. 8323 diction, the remainder of this act or the application of such amendment to other persons, legal entities or circumstances shall not be affected. § 5. This act shall take effect immediately; provided, however, that sections one and three of this act shall first apply to school district budgets and the budget adoption process for the 2016-17 school year; provided, further, that section two of this act shall first apply to the levy of taxes by local governments for the fiscal year that begins in 2016; provided, further, that the amendments to paragraph c of subdivision 2 and paragraph b of subdivision 2-a of section 2023-a of the education law made by sections one and three of this act shall not affect the repeal of such section and shall be deemed repealed therewith; provided, further, that the amendments to subparagraph (i) of paragraph (b) of subdivision 3 of section 3-c of the general municipal law made by section two of this act shall not affect the repeal of such section and shall be deemed repealed therewith. SUBPART D Section 1. Clause 2 of subparagraph (i) of the opening paragraph of section 1210 of the tax law, as amended by chapter 136 of the laws of 2013, is amended to read as follows: (2) the county of Nassau is hereby further authorized and empowered to adopt and amend local laws, ordinances or resolutions imposing such taxes at a rate which is three-quarters percent additional to the three percent rate authorized above in this paragraph for such county for the period beginning January first, nineteen hundred eighty-six and ending November thirtieth, two thousand [fifteen] _________ seventeen, subject to the limitation set forth in section twelve hundred sixty-two-e of this article, and also at a rate which is one-half percent additional to the three percent rate authorized above in this paragraph, and which is also additional to the three-quarters percent rate also authorized above in this clause for such county, for the period beginning September first, nineteen hundred ninety-one and ending November thirtieth, two thousand [fifteen] _________ seventeen; § 2. Section 1262-e of the tax law, as amended by chapter 136 of the laws of 2013, is amended to read as follows: § 1262-e. Establishment of local government assistance programs in Nassau county. 1. Towns and cities. Notwithstanding any other provision of law to the contrary, for the calendar year beginning on January first, nineteen hundred ninety-eight and continuing through the calendar year beginning on January first, two thousand [fifteen] _________ seventeen, the county of Nassau shall enact and establish a local government assistance program for the towns and cities within such county to assist such towns and cities to minimize real property taxes; defray the cost and expense of the treatment, collection, management, disposal, and transportation of municipal solid waste, and to comply with the provisions of chapter two hundred ninety-nine of the laws of nineteen hundred eighty-three; and defray the cost of maintaining conservation and environmental control programs. Such special assistance program for the towns and cities within such county and the funding for such program shall equal one-third of the revenues received by such county from the imposition of the three-quarters percent sales and use tax during calendar years two thousand one, two thousand two, two thousand three, two thousand four, two thousand five, two thousand six, two thousand seven, two thousand eight, two thousand nine, two thousand ten, two thousand eleven, two thousand twelve, two thousand thirteen, two thousand fourteen [and], _ two AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 69 A. 8323 thousand fifteen, __________________________________________________ two thousand sixteen, and two thousand seventeen additional to the regular three percent rate authorized for such county in section twelve hundred ten of this article. The monies for such special local assistance shall be paid and distributed to the towns and cities on a per capita basis using the population figures in the latest decennial federal census. Provided further, that notwithstanding any other law to the contrary, the establishment of such special assistance program shall preclude any city or town within such county from preempting or claiming under any other section of this chapter the revenues derived from the additional tax authorized by section twelve hundred ten of this article. Provided further, that any such town or towns may, by resolution of the town board, apportion all or a part of monies received in such special assistance program to an improvement district or special district account within such town or towns in order to accomplish the purposes of this special assistance program. 2. Villages. Notwithstanding any other provision of law to the contrary, for the calendar year beginning on January first, nineteen hundred ninety-eight and continuing through the calendar year beginning on January first, two thousand [fifteen] _________ seventeen, the county of Nassau, by local law, is hereby empowered to enact and establish a local government assistance program for the villages within such county to assist such villages to minimize real property taxes; defray the cost and expense of the treatment, collection, management, disposal, and transportation of municipal solid waste; and defray the cost of maintaining conservation and environmental control programs. The funding of such local assistance program for the villages within such county may be provided by Nassau county during any calendar year in which such village local assistance program is in effect and shall not exceed one-sixth of the revenues received from the imposition of the three-quarters percent sales and use tax that are remaining after the towns and cities have received their funding pursuant to the provisions of subdivision one of this section. The funding for such village local assistance program shall be paid and distributed to the villages on a per capita basis using the population figures in the latest decennial federal census. Provided further, that the establishment of such village local assistance program shall preclude any village within such county from preempting or claiming under any other section of this chapter the revenues derived from the additional tax authorized by section twelve hundred ten of this article. § 3. This act shall take effect immediately. SUBPART E Section 1. Section 1202 of the tax law is amended by adding a new subdivision (g) to read as follows: ______________________________________________________________________ (g) The county of Suffolk, in imposing taxes of the type authorized ________________________________________________________________________ under subdivision (e) of section twelve hundred one of this subpart, may ________________________________________________________________________ impose taxes on the use of passenger motor vehicles of a type commonly ________________________________________________________________________ used for non-commercial purposes owned by residents of the county at a ________________________________________________________________________ rate per annum for each such vehicle of not in excess of fifteen dollars ________________________________________________________________________ if such vehicle weighs thirty-five hundred pounds or less and not in ________________________________________________________________________ excess of thirty dollars per annum if such vehicle weighs more than ________________________________________________________________________ thirty-five hundred pounds; and taxes on the use of trucks, buses and ________________________________________________________________________ other such commercial motor vehicles used principally in connection with ________________________________________________________________________ a business carried on within the county, except when owned and used in ________________________________________________________________________ connection with the operation of a farm by the owner or tenant thereof, AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 70 A. 8323 ________________________________________________________________________ at a rate per annum for each such vehicle of not in excess of thirty ________ dollars. § 2. Subparagraph (ii) of paragraph (d) of subdivision 6 of section 401 of the vehicle and traffic law, as amended by chapter 34 of the laws of 2004, is amended to read as follows: (ii) In addition to the other fees provided for in this section, the commissioner shall, upon the application for the registration of a motor vehicle or the renewal thereof, collect the tax of the type authorized under subdivision (e) of section twelve hundred one of the tax law, if a county, pursuant to subdivision (c), (e) [or], _ (f) _______ or (g) of section twelve hundred two of such law, enacts a local law, ordinance or resolution providing for the collection of such tax by the commissioner and enters into the required agreement relating thereto. § 3. This act shall take effect immediately. SUBPART F Section 1. Notwithstanding any other provision of law, and in addition to the powers currently authorized to be exercised by the state of New York municipal bond bank agency, the state of New York municipal bond bank agency may provide, for purposes of municipal relief to the city of Yonkers to support public schools in the city, a sum not to exceed $25,000,000 for the city fiscal year ending June 30, 2016, to the city of Yonkers. Notwithstanding any other provision of law, and subject to the approval of the New York state director of the budget, the state of New York mortgage agency shall transfer to the state of New York municipal bond bank agency for distribution as municipal relief to the city of Yonkers, a total sum not to exceed $25,000,000, such transfer to be made from (i) the special account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2015-2016 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law are sufficient to attain and maintain the credit rating (as determined by the agency) required to accomplish the purposes of such account, the project pool insurance account of the mortgage insurance fund created pursuant to section 2429-b of the public authorities law, such transfer to be made as soon as practicable after July 1, 2015 but no later than June 30, 2016 provided, however, that no such transfer is to be made unless and until the city of Yonkers submits a comprehensive financial plan that provides for continuity of current educational services and provided further that such plan is subject to the approval of the director of the budget. Notwithstanding any provision of law to the contrary, payments made to the city of Yonkers pursuant to this act shall not be considered when determining the "city amount" required pursuant to subparagraph (ii) of paragraph (a) of subdivision 5-b of section 2576 of the education law. SUBPART G Section 1. The sum of six million dollars ($6,000,000) is hereby appropriated out of any moneys in the state treasury in the general fund to the credit of the local assistance account, not otherwise appropri- AB S. 6012 1 2 3 4 5 6 71 A. 8323 ated, and made available for services and expenses of the city of Rochester which may include support for the Rochester/Monroe anti poverty initiative. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the director of the budget. § 2. This act shall take effect immediately. 7 SUBPART H 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Section 1. Contingent upon available funding, and not to exceed $19,000,000, moneys from the urban development corporation shall be available for a municipal corporation or school district, as determined by the urban development corporation, where (i) a fossil fuel electric generating facility located within such municipal corporation or school district has permanently ceased operations, and (ii) the closing of such facility has caused a reduction in the tax collections and receipts from payments in lieu of taxes of at least 20%, or any judicial determination concerning a fossil fuel electric generating facility, has caused a reduction in the tax collections and receipts from payments in lieu of taxes of at least 20%; provided, however, that the urban development corporation shall not provide assistance to a municipal corporation or school district for more than five years, and shall not award in the first year more than eighty percent of the loss of revenues from property tax and payments in lieu of taxes due to the closure of such facility. The total amount awarded from this program shall not exceed $19,000,000. § 2. Notwithstanding any provision of law to the contrary, as deemed feasible and advisable by its trustees, the New York state energy research and development authority is authorized and directed to (i) make a contribution to the Urban Development Corporation, or as otherwise directed in writing by the director of the budget, in an amount not to exceed $19,000,000 for the state fiscal year commencing April 1, 2016. § 3. Notwithstanding any provision of law to the contrary, as deemed feasible and advisable by its trustees, the power authority of the state of New York is authorized and directed to make a contribution to the state treasury to the credit of the general fund, or as otherwise directed in writing by the director of the budget, in an amount of up to $6,000,000 for the state fiscal year commencing April 1, 2015. Such contribution shall be in addition to other contributions otherwise enacted in law. § 4. This act shall take effect immediately and shall expire and be deemed repealed by July 1, 2025. § 2. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through H of this act shall be as specifically set forth in the last section of such Subparts. AB S. 6012 1 2 3 4 5 6 7 8 9 10 11 12 72 A. 8323 § 2. Severability clause. If any clause, sentence, paragraph, subdivision, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through C of this act shall be as specifically set forth in the last section of such Parts. AB