Bill Text: NY S06009 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to rent control and stabilization; income verification; tenant protection unit; enforcement of rent control laws; and leasing to businesses and other entities (Part A); relates to tax exemption for certain multiple dwellings (Part B); relates to the NYC community school district system (Part C); amends provisions relating to education standards and makes an appropriation therefor (Part D); relates to tax exemption for new multiple dwellings (Part E); relates to the New York property tax relief check program and its requirements (Part F).
Spectrum: Committee Bill
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO RULES [S06009 Detail]
Download: New_York-2015-S06009-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6009 2015-2016 Regular Sessions I N S E N A T E June 20, 2015 ___________ Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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, and the rent regulation reform act of 1997, in relation to extending the effective- ness thereof (Subpart A); 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 vacan- cy decontrol and adjustments (Subpart B); to amend the public housing law and the tax law, in relation to income verification for rent controlled apartments (Subpart C); to amend the public housing law, in relation to establishing a tenant protection unit within the division of housing and community renewal (Subpart D); to amend the administra- tive code of the city of New York and the emergency tenant protection act of nineteen seventy-four, in relation to enforcement of rent control laws (Subpart E); to amend the emergency tenant protection act of nineteen seventy-four and the administrative code of the city of New York, in relation to leasing to business and other entities (Subpart F); and to amend the real property tax law, in relation to tax abatements for dwelling units occupied by certain persons residing in rent-controlled or rent regulated properties; and providing state aid to cities affected by such tax abatements (Subpart G)(Part A); to amend the real property tax law, in relation to tax exemption for multiple dwellings (Part B); to amend chapter 91 of the laws of 2002 amending the education law and other laws relating to the reorganiza- tion of the New York city school construction authority, board of education and community boards, in relation to the effectiveness of certain provisions of such chapter; to amend chapter 345 of the laws of 2009 amending the education law relating to the New York city board of education, chancellor, community councils and community superinten- dents, in relation to the effectiveness of certain provisions of such EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11742-02-5 S. 6009 2 chapter; and to amend the education law, in relation to the New York city community school district system (Part C); to amend chapter 56 of the laws of 2015 amending the education law relating to annual performance reviews of classroom teachers and building principals, in relation to the public comment period; and to amend the education law, in relation to annual teacher and principal evaluations; to amend the education law, in relation to directing the release of test questions on statewide English language arts and mathematics examinations; and making an appropriation therefor; to amend the education law, in relation to the addition of student characteristics for consideration of student performance; to amend the education law, in relation to establishing a content review committee for the purpose of reviewing new standardized test items; to amend the education law, in relation to the board of regents; and to direct the commissioner of education to conduct a comprehensive review of the education standards adminis- tered by the state education department (Part D); to amend chapter 97 of the laws of 2011, amending the general municipal law and the educa- tion law relating to establishing limits upon school district and local government tax levies, in relation to eliminating the expiration of and making permanent certain provisions thereof (Part E); and to amend the real property tax law and the tax law, in relation to the New York property tax relief check program; to amend the education law and the general municipal law, in relation to certification of compli- ance with the New York property tax relief check program requirements (Part F) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act enacts into law major components of legislation 2 which are necessary to implement the state fiscal plan for the 2015-2016 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through F. The effective date for each particular 5 provision contained within such Part is set forth in the last section of 6 such Part. Any provision in any section contained within a Part, includ- 7 ing the effective date of the Part, which makes a reference to a section 8 "of this act", when used in connection with that particular component, 9 shall be deemed to mean and refer to the corresponding section of the 10 Part in which it is found. Section three of this act sets forth the 11 general effective date of this act. 12 PART A 13 Section 1. This act enacts into law components of legislation which 14 are necessary to implement the provisions relating to the prosecution of 15 misconduct by public officials. Each component is wholly contained 16 within a Subpart identified as Subparts A through G. The effective date 17 for each particular provision contained within such Subpart is set forth 18 in the last section of such Subpart. Any provision in any section 19 contained within a Subpart, including the effective date of the Subpart, 20 which makes a reference to a section "of this act", when used in 21 connection with that particular component, shall be deemed to mean and 22 refer to the corresponding section of the Subpart in which it is found. 23 Section three of this act sets forth the general effective date of this 24 act. S. 6009 3 1 SUBPART A 2 Section 1. Section 17 of chapter 576 of the laws of 1974 amending the 3 emergency housing rent control law relating to the control of and 4 stabilization of rent in certain cases, as amended by chapter 19 of the 5 laws of 2015, is amended to read as follows: 6 S 17. Effective date. This act shall take effect immediately and 7 shall remain in full force and effect until and including the [twenty- 8 third] FIFTEENTH day of June [2015] 2021; except that sections two and 9 three shall take effect with respect to any city having a population of 10 one million or more and section one shall take effect with respect to 11 any other city, or any town or village whenever the local legislative 12 body of a city, town or village determines the existence of a public 13 emergency pursuant to section three of the emergency tenant protection 14 act of nineteen seventy-four, as enacted by section four of this act, 15 and provided that the housing accommodations subject on the effective 16 date of this act to stabilization pursuant to the New York city rent 17 stabilization law of nineteen hundred sixty-nine shall remain subject to 18 such law upon the expiration of this act. 19 S 2. Subdivision 2 of section 1 of chapter 274 of the laws of 1946 20 constituting the emergency housing rent control law, as amended by chap- 21 ter 19 of the laws of 2015, is amended to read as follows: 22 2. The provisions of this act, and all regulations, orders and 23 requirements thereunder shall remain in full force and effect until and 24 including June [23] 15, [2015] 2021. 25 S 3. Section 2 of chapter 329 of the laws of 1963 amending the emer- 26 gency housing rent control law relating to recontrol of rents in Albany, 27 as amended by chapter 19 of the laws of 2015, is amended to read as 28 follows: 29 S 2. This act shall take effect immediately and the provisions of 30 subdivision 6 of section 12 of the emergency housing rent control law, 31 as added by this act, shall remain in full force and effect until and 32 including June [23] 15, [2015] 2021. 33 S 4. Subdivision 6 of section 46 of chapter 116 of the laws of 1997 34 constituting the rent regulation reform act of 1997, as amended by chap- 35 ter 19 of the laws of 2015, is amended to read as follows: 36 6. sections twenty-eight, twenty-eight-a, twenty-eight-b and twenty- 37 eight-c of this act shall expire and be deemed repealed after June [23] 38 15, [2015] 2021; 39 S 5. This act shall take effect immediately, provided, however, that 40 if this act shall become a law after June 23, 2015, then it shall be 41 deemed to have been in full force and effect on and after June 23, 2015. 42 SUBPART B 43 Section 1. Paragraph 14 of subdivision c of section 26-511 of the 44 administrative code of the city of New York, as amended by section 14 of 45 part B of chapter 97 of the laws of 2011, is amended to read as follows: 46 (14) provides that where the amount of rent charged to and paid by the 47 tenant is less than the legal regulated rent for the housing accommo- 48 dation, the amount of rent for such housing accommodation which may be 49 charged upon renewal or upon vacancy thereof may, at the option of the 50 owner, be based upon such previously established legal regulated rent, 51 as adjusted by the most recent applicable guidelines increases and any 52 other increases authorized by law. Where, subsequent to vacancy, such 53 legal regulated rent, as adjusted by the most recent applicable guide- S. 6009 4 1 lines increases and any other increases authorized by law is two thou- 2 sand dollars or more per month or, for any housing accommodation which 3 is or becomes vacant on or after the effective date of the rent act of 4 2011, is two thousand five hundred dollars or more per month OR, FOR ANY 5 HOUSING ACCOMMODATION WHICH IS OR BECOMES VACANT ON OR AFTER THE EFFEC- 6 TIVE DATE OF THE CHAPTER OF THE LAWS OF 2015 THAT AMENDED THIS PARA- 7 GRAPH, IS TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE A MONTH FOR ALL 8 HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHATTAN AND 9 TWO THOUSAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE BOROUGH OF 10 MANHATTAN, such housing accommodation shall be excluded from the 11 provisions of this law pursuant to section 26-504.2 of this chapter. 12 NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS OF THIS PARAGRAPH THE 13 FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT THAT WOULD OTHER- 14 WISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH OF MANHATTAN 15 FROM THE PROVISIONS OF THIS LAW: (I) AN ADJUSTMENT IN LEGAL REGULATED 16 RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER FIRST, TWO 17 THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND SIXTEEN, 18 WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT GUIDELINES 19 BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN THE JURIS- 20 DICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY LEGALLY 21 REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE EXCLUSION OF 22 SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW PURSUANT TO 23 SECTION 26-504.2 OF THIS CHAPTER UNLESS UPON ANY OTHER LEGALLY ADOPTED 24 ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT 25 INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER; (II) AN 26 ADJUSTMENT IN LEGAL REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO 27 ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER 28 THIRTIETH, TWO THOUSAND SEVENTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT 29 OF AN ORDER OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL 30 ONE-YEAR RENEWAL LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING 31 SUCH PERIOD, MAY BE ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD 32 AND SHALL NOT RESULT IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM 33 THE PROVISIONS OF THIS LAW PURSUANT TO SECTION 26-504.2 OF THIS CHAPTER 34 UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF SUCH RENT 35 WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS 36 THE RESULT OF SUCH ORDER; AND (III) AN ADJUSTMENT IN LEGAL REGULATED 37 RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER FIRST, TWO 38 THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND EIGH- 39 TEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT GUIDE- 40 LINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN THE 41 JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 42 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 43 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW 44 PURSUANT TO SECTION 26-504.2 OF THIS CHAPTER UNLESS UPON ANY OTHER 45 LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE 46 AMOUNT OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH 47 ORDER. 48 S 2. Subdivision (a-2) of section 10 of section 4 of chapter 576 of 49 the laws of 1974 constituting the emergency tenant protection act of 50 nineteen seventy-four, as amended by section 13 of part B of chapter 97 51 of the laws of 2011, is amended to read as follows: 52 (a-2) Provides that where the amount of rent charged to and paid by 53 the tenant is less than the legal regulated rent for the housing accom- 54 modation, the amount of rent for such housing accommodation which may be 55 charged upon renewal or upon vacancy thereof may, at the option of the 56 owner, be based upon such previously established legal regulated rent, S. 6009 5 1 as adjusted by the most recent applicable guidelines increases and other 2 increases authorized by law. Where, subsequent to vacancy, such legal 3 regulated rent, as adjusted by the most recent applicable guidelines 4 increases and any other increases authorized by law is two thousand 5 dollars or more per month or, for any housing accommodation which is or 6 becomes vacant on or after the effective date of the rent act of 2011, 7 is two thousand five hundred dollars or more per month OR, FOR ANY HOUS- 8 ING ACCOMMODATION WHICH IS OR BECOMES VACANT ON OR AFTER THE EFFECTIVE 9 DATE OF THE CHAPTER OF THE LAWS OF 2015 THAT AMENDED THIS SUBDIVISION, 10 IS TWO THOUSAND FIVE HUNDRED DOLLARS OR MORE A MONTH FOR ALL HOUSING 11 ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHATTAN AND TWO THOU- 12 SAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE BOROUGH OF MANHAT- 13 TAN, such housing accommodation shall be excluded from the provisions of 14 this act pursuant to paragraph thirteen of subdivision a of section five 15 of this act. NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS OF THIS 16 SUBDIVISION THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT 17 THAT WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH 18 OF MANHATTAN FROM THE PROVISIONS OF THIS ACT: (I) AN ADJUSTMENT IN LEGAL 19 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 20 FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 21 SIXTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT 22 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 23 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 24 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 25 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS ACT 26 PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN 27 HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE 28 AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN 29 INCREASE THAT IS THE RESULT OF SUCH ORDER; (II) AN ADJUSTMENT IN LEGAL 30 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 31 FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 32 SEVENTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT 33 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 34 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 35 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 36 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS ACT 37 PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN 38 HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE 39 AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN 40 INCREASE THAT IS THE RESULT OF SUCH ORDER; AND (III) AN ADJUSTMENT IN 41 LEGAL REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER 42 OCTOBER FIRST, TWO THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH, 43 TWO THOUSAND EIGHTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER 44 OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL 45 LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE 46 ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT 47 IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF 48 THIS ACT PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF 49 NINETEEN HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED 50 ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT 51 INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER. 52 S 3. Paragraph 3 of subdivision (a) of section 5-a of section 4 of 53 chapter 576 of the laws of 1974, constituting the emergency tenant 54 protection act of nineteen seventy-four, as added by section 30 of part 55 B of chapter 97 of the laws of 2011, is amended to read as follows: S. 6009 6 1 3. Deregulation rent threshold means two thousand dollars for 2 proceedings commenced before July first, two thousand eleven. For 3 proceedings commenced on or after July first, two thousand eleven, the 4 deregulation rent threshold means two thousand five hundred dollars. FOR 5 PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE 6 DEREGULATION RENT THRESHOLD MEANS TWO THOUSAND FIVE HUNDRED DOLLARS FOR 7 ALL HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHATTAN 8 AND TWO THOUSAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE 9 BOROUGH OF MANHATTAN. NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS OF 10 THIS PARAGRAPH THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT 11 THAT WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH 12 OF MANHATTAN FROM THE PROVISIONS OF THIS ACT: (I) AN ADJUSTMENT IN LEGAL 13 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 14 FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 15 SIXTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT 16 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 17 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 18 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 19 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS ACT 20 PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN 21 HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE 22 AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN 23 INCREASE THAT IS THE RESULT OF SUCH ORDER; (II) AN ADJUSTMENT IN LEGAL 24 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 25 FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 26 SEVENTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT 27 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 28 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 29 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 30 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS ACT 31 PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN 32 HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE 33 AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN 34 INCREASE THAT IS THE RESULT OF SUCH ORDER; AND (III) AN ADJUSTMENT IN 35 LEGAL REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER 36 OCTOBER FIRST, TWO THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH, 37 TWO THOUSAND EIGHTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER 38 OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL 39 LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE 40 ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT 41 IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF 42 THIS ACT PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF 43 NINETEEN HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED 44 ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT 45 INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER. 46 S 4. Paragraph 3 of subdivision (a) of section 2-a of chapter 274 of 47 the laws of 1946, constituting the emergency housing rent control law, 48 as added by section 32 of part B of chapter 97 of the laws of 2011, is 49 amended to read as follows: 50 3. Deregulation rent threshold means two thousand dollars for 51 proceedings commenced prior to July first, two thousand eleven. For 52 proceedings commenced on or after July first, two thousand eleven, the 53 deregulation rent threshold means two thousand five hundred dollars. 54 FOR PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, 55 THE DEREGULATION RENT THRESHOLD MEANS TWO THOUSAND FIVE HUNDRED DOLLARS 56 FOR ALL HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHAT- S. 6009 7 1 TAN AND TWO THOUSAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE 2 BOROUGH OF MANHATTAN. NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS OF 3 THIS PARAGRAPH THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT 4 THAT WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH 5 OF MANHATTAN FROM THE PROVISIONS OF THIS LAW: (I) AN ADJUSTMENT IN LEGAL 6 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 7 FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 8 SIXTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT 9 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 10 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 11 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 12 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW 13 PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN 14 HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE 15 AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN 16 INCREASE THAT IS THE RESULT OF SUCH ORDER; (II) AN ADJUSTMENT IN LEGAL 17 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 18 FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 19 SEVENTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT 20 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 21 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 22 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 23 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW 24 PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN 25 HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE 26 AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN 27 INCREASE THAT IS THE RESULT OF SUCH ORDER; AND (III) AN ADJUSTMENT IN 28 LEGAL REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER 29 OCTOBER FIRST, TWO THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH, 30 TWO THOUSAND EIGHTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER 31 OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL 32 LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE 33 ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT 34 IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF 35 THIS LAW PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF 36 NINETEEN HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED 37 ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT 38 INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER. 39 S 5. Paragraph 3 of subdivision (a) of section 26-403.1 of the admin- 40 istrative code of the city of New York, as added by section 34 of part B 41 of chapter 97 of the laws of 2011, is amended to read as follows: 42 3. Deregulation rent threshold means two thousand dollars for 43 proceedings commenced before July first, two thousand eleven. For 44 proceedings commenced on or after July first, two thousand eleven, the 45 deregulation rent threshold means two thousand five hundred dollars. FOR 46 PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE 47 DEREGULATION RENT THRESHOLD MEANS TWO THOUSAND FIVE HUNDRED DOLLARS FOR 48 ALL HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHATTAN 49 AND TWO THOUSAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE 50 BOROUGH OF MANHATTAN. NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS OF 51 THIS PARAGRAPH THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT 52 THAT WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH 53 OF MANHATTAN FROM THE PROVISIONS OF THIS LAW: (I) AN ADJUSTMENT IN LEGAL 54 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 55 FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 56 SIXTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT S. 6009 8 1 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 2 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 3 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 4 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW 5 PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN 6 HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE 7 AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN 8 INCREASE THAT IS THE RESULT OF SUCH ORDER; (II) AN ADJUSTMENT IN LEGAL 9 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 10 FIRST, TWO THOUSAND SIXTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 11 SEVENTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT 12 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 13 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 14 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 15 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW 16 PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF NINETEEN 17 HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE 18 AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN 19 INCREASE THAT IS THE RESULT OF SUCH ORDER; AND (III) AN ADJUSTMENT IN 20 LEGAL REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER 21 OCTOBER FIRST, TWO THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH, 22 TWO THOUSAND EIGHTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER 23 OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL 24 LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE 25 ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT 26 IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF 27 THIS LAW PURSUANT TO SECTION 26-504.2 OF THE RENT STABILIZATION LAW OF 28 NINETEEN HUNDRED SIXTY-NINE UNLESS UPON ANY OTHER LEGALLY ADOPTED 29 ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE AMOUNT OF SUCH RENT 30 INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH ORDER. 31 S 6. Paragraph 3 of subdivision (a) of section 26-504.3 of the admin- 32 istrative code of the city of New York, as added by section 36 of part B 33 of chapter 97 of the laws of 2011, is amended to read as follows: 34 3. Deregulation rent threshold means two thousand dollars for 35 proceedings commenced before July first, two thousand eleven. For 36 proceedings commenced on or after July first, two thousand eleven, the 37 deregulation rent threshold means two thousand five hundred dollars. FOR 38 PROCEEDINGS COMMENCED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, THE 39 DEREGULATION RENT THRESHOLD MEANS TWO THOUSAND FIVE HUNDRED DOLLARS FOR 40 ALL HOUSING ACCOMMODATIONS LOCATED OUTSIDE OF THE BOROUGH OF MANHATTAN 41 AND TWO THOUSAND SIX HUNDRED DOLLARS OR MORE PER MONTH WITHIN THE 42 BOROUGH OF MANHATTAN. NOTWITHSTANDING THE AFOREMENTIONED PROVISIONS OF 43 THIS PARAGRAPH THE FOLLOWING PROVISIONS SHALL APPLY TO A RENT ADJUSTMENT 44 THAT WOULD OTHERWISE EXCLUDE A HOUSING ACCOMMODATION WITHIN THE BOROUGH 45 OF MANHATTAN FROM THE PROVISIONS OF THIS LAW: (I) AN ADJUSTMENT IN LEGAL 46 REGULATED RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER 47 FIRST, TWO THOUSAND FIFTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND 48 SIXTEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT 49 GUIDELINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN 50 THE JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 51 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 52 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW 53 PURSUANT TO SECTION 26-504.2 OF THIS CHAPTER UNLESS UPON ANY OTHER 54 LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE 55 AMOUNT OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH 56 ORDER; (II) AN ADJUSTMENT IN LEGAL REGULATED RENT FOR ANY LEASE RENEWAL, S. 6009 9 1 ENTERED INTO ON OR AFTER OCTOBER FIRST, TWO THOUSAND SIXTEEN AND ENDING 2 SEPTEMBER THIRTIETH, TWO THOUSAND SEVENTEEN, WHERE SUCH ADJUSTMENT IS 3 THE RESULT OF AN ORDER OF THE RENT GUIDELINES BOARD APPLIED GENERALLY TO 4 ALL ONE-YEAR RENEWAL LEASES WITHIN THE JURISDICTION OF SUCH BOARD DURING 5 SUCH PERIOD, MAY BE ADDED TO ANY LEGALLY REGULATED RENT FOR SUCH PERIOD 6 AND SHALL NOT RESULT IN THE EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM 7 THE PROVISIONS OF THIS LAW PURSUANT TO SECTION 26-504.2 OF THIS CHAPTER 8 UNLESS UPON ANY OTHER LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF SUCH RENT 9 WOULD EXCEED THE AMOUNT OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS 10 THE RESULT OF SUCH ORDER; AND (III) AN ADJUSTMENT IN LEGAL REGULATED 11 RENT FOR ANY LEASE RENEWAL, ENTERED INTO ON OR AFTER OCTOBER FIRST, TWO 12 THOUSAND SEVENTEEN AND ENDING SEPTEMBER THIRTIETH, TWO THOUSAND EIGH- 13 TEEN, WHERE SUCH ADJUSTMENT IS THE RESULT OF AN ORDER OF THE RENT GUIDE- 14 LINES BOARD APPLIED GENERALLY TO ALL ONE-YEAR RENEWAL LEASES WITHIN THE 15 JURISDICTION OF SUCH BOARD DURING SUCH PERIOD, MAY BE ADDED TO ANY 16 LEGALLY REGULATED RENT FOR SUCH PERIOD AND SHALL NOT RESULT IN THE 17 EXCLUSION OF SUCH HOUSING ACCOMMODATION FROM THE PROVISIONS OF THIS LAW 18 PURSUANT TO SECTION 26-504.2 OF THIS CHAPTER UNLESS UPON ANY OTHER 19 LEGALLY ADOPTED ADJUSTMENT THE AMOUNT OF SUCH RENT WOULD EXCEED THE 20 AMOUNT OF SUCH RENT INCLUSIVE OF AN INCREASE THAT IS THE RESULT OF SUCH 21 ORDER. 22 S 7. This act shall take effect immediately; provided however, that 23 the amendments to sections 26-511 and 26-504.3 of chapter 4 of title 26 24 of the administrative code of the city of New York made by sections one 25 and six of this act shall expire on the same date as such law expires 26 and shall not affect the expiration of such law as provided under 27 section 26-520 of such law; and provided that the amendments to section 28 4 of the emergency tenant protection act of nineteen seventy-four made 29 by sections two and three of this act shall expire on the same date as 30 such act expires and shall not affect the expiration of such act as 31 provided in section 17 of chapter 576 of the laws of 1974; and provided 32 that the amendments to section 2-a of the emergency housing rent control 33 law made by section four of this act shall expire on the same date as 34 such law expires and shall not affect the expiration of such law as 35 provided in subdivision 2 of section 1 of chapter 274 of the laws of 36 1946; and provided that the amendments to section 26-403.1 of the city 37 rent and rehabilitation law made by section five of this act shall 38 remain in full force and effect only as long as the public emergency 39 requiring the regulation and control of residential rents and evictions 40 continues, as provided in subdivision 3 of section 1 of the local emer- 41 gency housing rent control act. 42 SUBPART C 43 Section 1. Section 14 of the public housing law is amended by adding a 44 new subdivision 7 to read as follows: 45 7. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE 46 COMMISSIONER SHALL ESTABLISH A SYSTEM TO IDENTIFY AND VERIFY QUALIFICA- 47 TION OF ANY LESSEE ENTERING INTO OR RENEWING A LEASE FOR AN APARTMENT 48 SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, 49 THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY 50 HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT, AND 51 TO DOCUMENT AND RETAIN A RECORD OF EVERY SUCH LESSEE AND EVERY SUCH 52 APARTMENT THAT IS SUBJECT TO SUCH PROVISIONS. 53 (B) SUCH SYSTEM SHALL REQUIRE THE SUBMISSION OF INFORMATION, IN A FORM 54 AND MANNER DETERMINED BY THE COMMISSIONER, BY ANY OWNER, WITHIN NINETY S. 6009 10 1 DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION TO IDENTIFY AND CATALOGUE 2 EACH APARTMENT, OWNED AND MAINTAINED BY SUCH OWNER, THAT IS SUBJECT TO 3 THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT 4 STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING 5 RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT, AND ANY 6 LESSEE CURRENTLY RESIDING IN SUCH APARTMENT. SUCH SUBMISSION SHALL 7 INCLUDE: ADDRESS, INCLUDING APARTMENT NUMBER, NUMBER OF BEDROOMS; SQUARE 8 FOOTAGE; AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSIONER 9 TO IDENTIFY SUCH APARTMENT. SUCH SUBMISSION SHALL ALSO CONTAIN INFORMA- 10 TION IDENTIFYING THE CURRENT LESSEE OF THE APARTMENT, IF SUCH APARTMENT 11 IS LEASED, OR RESIDENT OF SUCH APARTMENT INCLUDING: FULL NAME; TERMS OF 12 THE LEASE; AND ANY OTHER INFORMATION DEEMED NECESSARY BY THE COMMISSION- 13 ER TO IDENTIFY SUCH LESSEE. UPON THE SUBMISSION AND REVIEW OF SUCH 14 INFORMATION, THE COMMISSIONER SHALL MAINTAIN A DATABASE CONTAINING ALL 15 SUCH INFORMATION SO SUBMITTED IDENTIFYING EVERY SUCH APARTMENT AND ANY 16 LESSEE OR RESIDENT OF SUCH APARTMENT. 17 (C) AFTER THE COMPLETION OF THE PERIOD FOR SUBMISSION PURSUANT TO 18 PARAGRAPH (B) OF THIS SUBDIVISION, SUCH INFORMATION SHALL BE SHARED WITH 19 THE NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE PURSUANT TO 20 SECTION ONE HUNDRED SEVENTY-ONE-Z OF THE TAX LAW. 21 (D) ANY FINDINGS PURSUANT TO SECTION ONE HUNDRED SEVENTY-ONE-Z OF THE 22 TAX LAW THAT A LESSEE OR RESIDENT OF ANY SUCH APARTMENT DOES NOT SATISFY 23 ANY INCOME ELIGIBILITY OR RESIDENCY REQUIREMENTS PRESCRIBED BY THE EMER- 24 GENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILI- 25 ZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING RENT 26 CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT FOR THE APPLICABLE 27 INCOME TAX YEAR SHALL RESULT IN A WRITTEN NOTICE WITHIN THIRTY DAYS OF 28 SUCH FINDING, BY THE COMMISSIONER TO THE OWNER OF SUCH APARTMENT OF SUCH 29 A FINDING. 30 (E) ANY FINDINGS PURSUANT TO SECTION ONE HUNDRED SEVENTY-ONE-Z OF THE 31 TAX LAW THAT THE ELIGIBILITY OF SUCH LESSEE CANNOT BE VERIFIED SHALL 32 RESULT, WITHIN SIXTY DAYS OF SUCH FINDING, OF A AUDIT, CONDUCTED IN A 33 FORM AND MANNER PRESCRIBED BY THE COMMISSIONER IN COOPERATION WITH THE 34 NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, OF SUCH LESSEE OR 35 RESIDENT TO VERIFY SUCH LESSEE OR RESIDENT QUALIFIES TO LEASE AN APART- 36 MENT SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVEN- 37 TY-FOUR, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE 38 EMERGENCY HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL 39 ACT. UPON THE COMPLETION OF AN AUDIT PURSUANT TO THIS PARAGRAPH THAT 40 RESULTS IN A FINDING THAT A LESSEE OR RESIDENT OF ANY SUCH APARTMENT 41 DOES NOT SATISFY ANY INCOME ELIGIBILITY OR RESIDENCY REQUIREMENTS 42 PRESCRIBED BY THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN 43 SEVENTY-FOUR, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, 44 THE EMERGENCY HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT 45 CONTROL ACT FOR THE APPLICABLE INCOME TAX YEAR, THE COMMISSIONER SHALL 46 PROVIDE WRITTEN NOTICE, WITHIN THIRTY DAYS OF SUCH FINDING, TO THE OWNER 47 OF SUCH APARTMENT NOTIFYING SUCH OWNER OF SUCH FINDING. 48 (F) THE COMMISSIONER SHALL, PERIODICALLY, REQUIRE FURTHER SUBMISSIONS 49 CONSISTENT WITH THIS SUBDIVISION TO UPDATE ANY SUCH INFORMATION SO 50 RETAINED. 51 (G) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, ANY INFORMATION 52 RETAINED BY THE COMMISSIONER PURSUANT TO THIS SUBDIVISION SHALL NOT BE 53 SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS 54 LAW. 55 S 2. The tax law is amended by adding a new section 171-z to read as 56 follows: S. 6009 11 1 S 171-Z. INCOME VERIFICATION FOR ANY RESIDENT SUBJECT TO THE EMERGENCY 2 TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILIZATION 3 LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING RENT CONTROL 4 LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT. (1) THE DEPARTMENT SHALL 5 ENTER INTO AN AGREEMENT WITH THE NEW YORK STATE DIVISION OF HOUSING AND 6 COMMUNITY RENEWAL, HEREINAFTER REFERRED TO AS THE DIVISION, TO VERIFY, 7 TO THE EXTENT PRACTICABLE, WHETHER A LESSEE OR RESIDENT OF AN APARTMENT 8 SUBJECT TO THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, 9 THE RENT STABILIZATION OF LAW OF NINETEEN HUNDRED SIXTY-NINE, THE EMER- 10 GENCY HOUSING RENT CONTROL LAW AND THE LOCAL EMERGENCY RENT CONTROL ACT 11 MEET ANY INCOME ELIGIBILITY AND RESIDENCY REQUIREMENTS PRESCRIBED BY 12 SUCH LAWS FOR THE APPLICABLE INCOME TAX YEAR, BEGINNING WITH THE INCOME 13 TAX YEAR ENDING IN TWO THOUSAND FIFTEEN. SUCH AGREEMENT SHALL INCLUDE 14 PROVISIONS ASSOCIATED WITH THE SHARING OF INFORMATION RETAINED BY THE 15 DIVISION PURSUANT TO SUBDIVISION SEVEN OF SECTION FOURTEEN OF THE PUBLIC 16 HOUSING LAW. 17 (2) THE DEPARTMENT SHALL ADVISE THE DIVISION OF ITS FINDINGS, STATING 18 IN EACH CASE EITHER THAT SUCH LESSEE OR RESIDENT DOES OR DOES NOT SATIS- 19 FY ANY SUCH REQUIREMENTS PURSUANT TO SUBDIVISION ONE OF THIS SECTION, OR 20 THAT THE ELIGIBILITY OF SUCH LESSEE OR RESIDENT CANNOT BE VERIFIED, 21 WHICHEVER IS APPROPRIATE. THE DEPARTMENT SHALL NOT PROVIDE ANY OTHER 22 INFORMATION ABOUT THE INCOME OF SUCH LESSEE TO THE DIVISION. 23 (3) FURTHER VERIFICATIONS MAY OCCUR AFTER THE TAX YEAR PRESCRIBED IN 24 SUBDIVISION ONE OF THIS SECTION AS DETERMINED IN CONJUNCTION WITH AN 25 AGREEMENT BETWEEN THE COMMISSIONER AND THE DIVISION. 26 (4) THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW SHALL NOT 27 APPLY TO ANY INFORMATION THAT THE DEPARTMENT OBTAINS FROM OR PROVIDES TO 28 THE DIVISION PURSUANT TO THIS SECTION. 29 S 3. This act shall take effect on the ninetieth day after it shall 30 have become a law. 31 SUBPART D 32 Section 1. Section 10 of the public housing law, as amended by chapter 33 398 of the laws of 1961, is amended to read as follows: 34 S 10. Division of housing and community renewal. 1. There shall be in 35 the executive department a division of housing and community renewal. 36 Reference in this chapter or in any other general, special or local law 37 to the division of housing shall be deemed to mean and refer to the 38 division of housing and community renewal which is hereby made the new 39 title of such division. 40 2. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL IS AUTHORIZED TO 41 ESTABLISH A TENANT PROTECTION UNIT. THE COMMISSIONER, THROUGH SUCH 42 UNIT, SHALL HAVE THE FOLLOWING POWERS: 43 (A) TO CONDUCT AUDITS AND HEARINGS THEREON TO REVIEW RENT INCREASES 44 RESULTING FROM INDIVIDUAL APARTMENT IMPROVEMENTS AUTHORIZED PURSUANT TO 45 PARAGRAPH THIRTEEN OF SUBDIVISION C OF SECTION 26-511 OF THE ADMINISTRA- 46 TIVE CODE OF THE CITY OF NEW YORK OR PARAGRAPH ONE OF SUBDIVISION (D) OF 47 SECTION SIX OF THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY- 48 FOUR. SUCH AUDITS MAY REQUIRE THE PRODUCTION OF BOOKS, PAPERS, RECORDS, 49 CONTRACTS, CHECKS OR ANY OTHER DOCUMENTS RELEVANT AND MATERIAL TO INDI- 50 VIDUAL APARTMENT IMPROVEMENTS. ANY AUDIT SHALL BE LIMITED TO THOSE INDI- 51 VIDUAL APARTMENT IMPROVEMENTS FOR WHICH RENT INCREASES RESULTING FROM 52 SUCH IMPROVEMENTS TOOK EFFECT WITHIN THREE CALENDAR YEARS PRIOR TO THE 53 DATE OF THE NOTICE OF THE AUDIT; S. 6009 12 1 (B) TO AUDIT COMPLIANCE BY OWNERS OF HOUSING ACCOMMODATIONS WITH 2 RESPECT TO ANNUAL REGISTRATION REQUIREMENTS PURSUANT TO SECTION 26-517 3 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK AND SECTION TWELVE-A 4 OF THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR; AND 5 (C) TO INVESTIGATE, ADMINISTER OATHS, ISSUE SUBPOENAS AND MAKE 6 INSPECTIONS UPON THE RECEIPT OF A TENANT COMPLAINT THAT ESTABLISHES 7 REASONABLE CAUSE TO BELIEVE THAT VIOLATIONS OF THE EMERGENCY TENANT 8 PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE RENT STABILIZATION LAW OF 9 NINETEEN HUNDRED SIXTY-NINE, THE EMERGENCY HOUSING RENT CONTROL LAW AND 10 THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT HAVE OCCURRED. 11 3. (A) FOR THE PURPOSES OF THIS SECTION, THE SELECTION OF AN INDIVID- 12 UAL APARTMENT IMPROVEMENT FOR AUDIT SHALL BE CONDUCTED ON A RANDOM BASIS 13 BY THE TENANT PROTECTION UNIT FROM AMONG THOSE IMPROVEMENTS FOR WHICH 14 RENT INCREASES WHICH TOOK EFFECT WITHIN THREE CALENDAR YEARS PRIOR TO 15 THE DATE OF NOTICE OF SUCH AUDIT. ANY SUCH SELECTION SHALL BE DONE IN A 16 MANNER SUCH THAT THE IDENTITY OF THE OWNER WHOSE INDIVIDUAL APARTMENT 17 IMPROVEMENT IS SELECTED FOR AUDIT IS NOT KNOWN TO SUCH UNIT. THE DIVI- 18 SION OF HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE REGULATIONS 19 SETTING FORTH ITS METHODOLOGY FOR THE CONDUCT OF SUCH RANDOM AUDITS AND 20 TO ENSURE THAT INDIVIDUAL APARTMENT IMPROVEMENTS ARE AUDITED IN A 21 UNIFORM AND CONSISTENT MANNER. 22 (B) NOTWITHSTANDING THE FOREGOING, THE TENANT PROTECTION UNIT SHALL BE 23 AUTHORIZED UPON A FINDING OF FRAUD OR INTENTIONAL MISCONDUCT IN THE 24 CALCULATION OF RENT INCREASES TO EXPAND THE SCOPE OF ITS AUDIT TO OTHER 25 UNITS OWNED BY A COMMON OWNER OR TO EXTEND THE PERIOD OF TIME FOR THE 26 AUDIT. 27 (C) THE OWNER OF SUCH HOUSING ACCOMMODATION SHALL BE PROVIDED WITH 28 NOTICE OF THE AUDIT AND HEARING THEREON. THE OWNER SHALL, AT A MINIMUM, 29 BE PROVIDED WITH THE REASONABLE OPPORTUNITY TO RESPOND AT LEAST THIRTY 30 DAYS PRIOR TO A HEARING DATE WHERE THE OWNER, AT HIS OR HER OPTION, HAS 31 AN OPPORTUNITY TO BE HEARD IN-PERSON, PRESENT WITNESSES, AND SUBMIT 32 EVIDENCE. SUCH OWNER SHALL BE ENTITLED TO PROVIDE BOOKS, PAPERS, 33 RECORDS, CONTRACTS, CHECKS OR ANY OTHER DOCUMENTS IN SUPPORT OF AND 34 RELATING TO THE RENT INCREASE AND THE INDIVIDUAL APARTMENT IMPROVEMENT. 35 (D) AFTER SUCH HEARING, THE TENANT PROTECTION UNIT SHALL DETERMINE 36 WHETHER THE CORRECT AMOUNT OF RENT INCREASE RESULTING FROM AN INDIVIDUAL 37 APARTMENT IMPROVEMENT WAS CHARGED AND COLLECTED BY THE OWNER. WHERE THE 38 TENANT PROTECTION UNIT DETERMINES THAT SUCH CORRECT AMOUNT WAS NOT 39 CHARGED AND COLLECTED BY THE OWNER, THE OWNER SHALL BE LIABLE TO THE 40 TENANT FOR SUCH TOTAL AMOUNT, PLUS INTEREST. THE TENANT PROTECTION UNIT 41 SHALL INFORM THE OWNER, IN WRITING, VIA CERTIFIED MAIL, NO LATER THAN 42 THIRTY CALENDAR DAYS AFTER SUCH HEARING, WHETHER THE CORRECT AMOUNT WAS 43 CHARGED AND COLLECTED. 44 (E) ANY DETERMINATION BY THE TENANT PROTECTION UNIT SHALL BE SUBJECT 45 TO A PETITION FOR ADMINISTRATIVE REVIEW BY THE DEPUTY COMMISSIONER OF 46 THE OFFICE OF RENT ADMINISTRATION WHICH SHALL ISSUE A FINAL DETERMI- 47 NATION. THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL, BY REGU- 48 LATION, PROVIDE FOR THE ADMINISTRATIVE REVIEW OF ALL DETERMINATIONS 49 ISSUED BY THE TENANT PROTECTION UNIT PURSUANT TO THIS SECTION. A PETI- 50 TION FOR SUCH REVIEW SHALL BE DISPOSED OF BY A FINAL DETERMINATION WITH- 51 IN NINETY DAYS AFTER IT IS FILED, OR IT SHALL BE DEEMED TO BE DENIED. 52 PROVIDED, HOWEVER, SUCH REGULATION SHALL PROVIDE FOR ONE EXTENSION NOT 53 TO EXCEED THIRTY DAYS UPON THE CONSENT OF THE PARTY FILING SUCH PETI- 54 TION. A FINAL DETERMINATION OR A PRESUMPTIVE DENIAL BY THE OFFICE OF 55 RENT ADMINISTRATION SHALL BE SUBJECT TO JUDICIAL REVIEW PURSUANT TO 56 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES. S. 6009 13 1 (F) NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, A DETERMINATION 2 PURSUANT TO THIS SECTION THAT THE CORRECT AMOUNT OF RENT INCREASE 3 RESULTING FROM AN INDIVIDUAL APARTMENT IMPROVEMENT WAS NOT CHARGED AND 4 COLLECTED BY THE OWNER SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY 5 FOR ANY AND ALL CLAIMS BY THE DIVISION OR THE TENANT OF SUCH HOUSING 6 ACCOMMODATION RELATING TO SUCH INCREASE AND ANY SUCH DETERMINATION SHALL 7 PRECLUDE ANY OTHER ADMINISTRATIVE OR JUDICIAL ACTIONS OR PROCEEDINGS BY 8 THE DIVISION OR SUCH TENANT ARISING FROM OR RELATING TO SUCH RENT 9 INCREASE OR SUCH IMPROVEMENT; PROVIDED FURTHER THAT A SHORTFALL IN THE 10 AMOUNT THAT WAS CHARGED MAY RESULT IN AN IMMEDIATE INCREASE, COMMENCING 11 FROM THE DATE OF THE FINDING. 12 (G) THE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH AND 13 MAKE PUBLICLY AVAILABLE GUIDELINES AND BEST PRACTICES REGARDING PROPER 14 RECORD RETENTION AND DOCUMENTATION PROCEDURES FOR OWNERS WHO HAVE OR MAY 15 INTEND TO PERFORM IMPROVEMENTS THAT MAY BE SUBJECT TO AUDIT PURSUANT TO 16 THIS SECTION. SUCH GUIDELINES SHALL ALSO SET FORTH A FORM AFFIDAVIT BY 17 WHICH OWNERS MAY ATTEST TO THE PERFORMANCE OF INDIVIDUAL APARTMENT 18 IMPROVEMENTS IN THOSE INSTANCES WHERE THE DOCUMENTATION RELATING TO SUCH 19 IMPROVEMENTS IS UNAVAILABLE, INCLUDING BUT NOT LIMITED TO, BECAUSE SUCH 20 DOCUMENTS WERE DAMAGED OR DESTROYED BY FIRE, FLOOD OR ANY OTHER CAUSE, 21 BECAUSE THEY WERE NOT PROVIDED TO THE CURRENT OWNER BY THE PRIOR OWNER, 22 OR FOR ANY OTHER REASON ATTESTED TO IN GOOD FAITH. 23 (H) THE TENANT PROTECTION UNIT SHALL ALSO CREATE, MAINTAIN AND MAKE 24 PUBLICLY AVAILABLE A SCHEDULE ESTABLISHING PERIODS OF PROBABLE USEFUL- 25 NESS FOR INDIVIDUAL APARTMENT IMPROVEMENTS. 26 S 2. This act shall take effect on the ninetieth day after it shall 27 have become a law; provided however the division of housing and communi- 28 ty renewal is authorized and directed to promulgate rules and regu- 29 lations necessary for the implementation of this act on or before such 30 date. 31 SUBPART E 32 Section 1. Paragraphs 1 and 2 of subdivision c of section 26-516 of 33 the administrative code of the city of New York, as amended by section 1 34 of chapter 480 of the laws of 2009, are amended to read as follows: 35 (1) to have violated an order of the division the commissioner may 36 impose by administrative order after hearing, a civil penalty [in the 37 amount of one thousand dollars for the first such offense and two] AT 38 MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT TO EXCEED TWO THOUSAND 39 DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT A MINIMUM IN THE AMOUNT OF 40 TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each subse- 41 quent offense; or 42 (2) to have harassed a tenant to obtain vacancy of his or her housing 43 accommodation, the commissioner may impose by administrative order after 44 hearing, a civil penalty for any such violation. Such penalty shall be 45 [in the amount of two thousand dollars for a first such offense and up 46 to ten] AT A MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED 47 THREE THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE 48 AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars for 49 each subsequent offense or for a violation consisting of conduct 50 directed at the tenants of more than one housing accommodation. 51 S 2. Paragraph 2 of subdivision c of section 26-516 of the administra- 52 tive code of the city of New York, as amended by section 2 of chapter 53 480 of the laws of 2009, is amended to read as follows: S. 6009 14 1 (2) to have harassed a tenant to obtain vacancy of his or her housing 2 accommodation, the commissioner may impose by administrative order after 3 hearing, a civil penalty for any such violation. Such penalty shall be 4 [in the amount of two thousand dollars for a first such offense and up 5 to ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE 6 THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT A MINIMUM IN THE 7 AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars for 8 each subsequent offense or for a violation consisting of conduct 9 directed at the tenants of more than one housing accommodation. 10 S 3. Subparagraph (a) of paragraph 2 of subdivision b of section 11 26-413 of the administrative code of the city of New York. as amended by 12 section 3 of chapter 480 of the laws of 2009, is amended to read as 13 follows: 14 (a) Impose by administrative order after hearing, a civil penalty for 15 any violation of said section and bring an action to recover same in any 16 court of competent jurisdiction. Such penalty in the case of a violation 17 of subdivision d of such section shall be [in the amount of two thousand 18 dollars for the first offense and ten] AT MINIMUM IN THE AMOUNT OF TWO 19 THOUSAND BUT NOT TO EXCEED THREE THOUSAND DOLLARS FOR THE FIRST SUCH 20 OFFENSE, AND AT MINIMUM IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED 21 ELEVEN thousand dollars for each subsequent offense or for a violation 22 consisting of conduct directed at the tenants of more than one housing 23 accommodation; and in the case of any other violation of such section 24 [in the amount of one thousand dollars for the first such offense and 25 two] AT MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT TO EXCEED TWO 26 THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE 27 AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each 28 subsequent offense. Such order by the city rent agency shall be deemed a 29 final determination for the purposes of judicial review as provided in 30 section 26-411 of this chapter. Such action shall be brought on behalf 31 of the city and any amount recovered shall be paid into the city treas- 32 ury. Such right of action may be released, compromised or adjusted by 33 the city rent agency at any time subsequent to the issuance of such 34 administrative order. 35 S 4. Subparagraph (a) of paragraph 2 of subdivision b of section 36 26-413 of the administrative code of the city of New York, as amended by 37 section 4 of chapter 480 of the laws of 2009, is amended to read as 38 follows: 39 (a) Impose by administrative order after hearing, a civil penalty for 40 any violation of said section and bring an action to recover same in any 41 court of competent jurisdiction. Such penalty in the case of a violation 42 of subdivision d of such section shall be [in the amount of two thousand 43 dollars for a first such offense and ten] AT MINIMUM IN THE AMOUNT OF 44 TWO THOUSAND BUT NOT TO EXCEED THREE THOUSAND DOLLARS FOR THE FIRST SUCH 45 OFFENSE, AND AT MINIMUM IN THE AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED 46 ELEVEN thousand dollars for each subsequent offense or for a violation 47 consisting of conduct directed at the tenants of more than one housing 48 accommodation; and in the case of any other violation of such section 49 [in the amount of one thousand dollars for the first such offense and 50 two] AT MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT TO EXCEED TWO 51 THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE 52 AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each 53 subsequent offense. Such order by the city rent agency shall be deemed a 54 final determination for the purposes of judicial review as provided in 55 section 26-411 of this chapter. Such action shall be brought on behalf 56 of the city and any amount recovered shall be paid into the city treas- S. 6009 15 1 ury. Such right of action may be released, compromised or adjusted by 2 the city rent agency at any time subsequent to the issuance of such 3 administrative order. 4 S 5. Clauses (i) and (ii) of paragraph 3 of subdivision a of section 5 12 of section 4 of chapter 576 of the laws of 1974 constituting the 6 emergency tenant protection act of nineteen seventy-four, as amended by 7 section 5 of chapter 480 of the laws of 2009, are amended to read as 8 follows: 9 (i) to have violated an order of the division the commissioner may 10 impose by administrative order after hearing, a civil penalty [in the 11 amount of one thousand dollars for the first such offense and two] AT 12 MINIMUM IN THE AMOUNT OF ONE THOUSAND BUT NOT TO EXCEED TWO THOUSAND 13 DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE AMOUNT OF TWO 14 THOUSAND BUT NOT TO EXCEED THREE thousand dollars for each subsequent 15 offense; or 16 (ii) to have harassed a tenant to obtain vacancy of his housing accom- 17 modation, the commissioner may impose by administrative order after 18 hearing, a civil penalty for any such violation. Such penalty shall be 19 in [the amount of two thousand dollars for the first such offense and 20 ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE 21 THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE 22 AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars for 23 each subsequent offense or for a violation consisting of conduct 24 directed at the tenants of more than one housing accommodation. 25 S 6. Clause (ii) of paragraph 3 of subdivision a of section 12 of 26 section 4 of chapter 576 of the laws of 1974 constituting the emergency 27 tenant protection act of nineteen seventy-four, as amended by section 6 28 of chapter 480 of the laws of 2009, is amended to read as follows: 29 (ii) to have harassed a tenant to obtain vacancy of his housing accom- 30 modation, the commissioner may impose by administrative order after 31 hearing, a civil penalty for any such violation. Such penalty shall be 32 [in the amount of two thousand dollars for the first such offense and 33 ten] AT MINIMUM IN THE AMOUNT OF TWO THOUSAND BUT NOT TO EXCEED THREE 34 THOUSAND DOLLARS FOR THE FIRST SUCH OFFENSE, AND AT MINIMUM IN THE 35 AMOUNT OF TEN THOUSAND BUT NOT TO EXCEED ELEVEN thousand dollars for 36 each subsequent offense or for a violation consisting of conduct 37 directed at the tenants of more than one housing accommodation. 38 S 7. This act shall take effect immediately; provided, however, that: 39 1. the amendments to section 26-516 of chapter 4 of title 26 of the 40 administrative code of the city of New York made by sections one and two 41 of this act shall expire on the same date as such law expires and shall 42 not affect the expiration of such law as provided under section 26-520 43 of such law; 44 2. the amendments to section 4 of the emergency tenant protection act 45 of nineteen seventy-four made by sections five and six of this act shall 46 expire on the same date as such act expires and shall not affect the 47 expiration of such act as provided in section 17 of chapter 576 of the 48 laws of 1974; 49 3. the amendments to section 26-413 of the city rent and rehabili- 50 tation law made by sections three and four of this act shall remain in 51 full force and effect only as long as the public emergency requiring the 52 regulation and control of residential rents and evictions continues, as 53 provided in subdivision 3 of section 1 of the local emergency housing 54 rent control act; 55 4. the amendments to paragraph 2 of subdivision c of section 26-516 of 56 the administrative code of the city of New York made by section one of S. 6009 16 1 this act shall be subject to the expiration and reversion of such para- 2 graph pursuant to section 46 of chapter 116 of the laws of 1997, as 3 amended, when upon such date the provisions of section two of this act 4 shall take effect; 5 5. the amendments to subparagraph (a) of paragraph 2 of subdivision b 6 of section 26-413 of the administrative code of the city of New York 7 made by section three of this act shall be subject to the expiration and 8 reversion of such subparagraph pursuant to section 46 of chapter 116 of 9 the laws of 1997, as amended, when upon such date the provisions of 10 section four of this act shall take effect; and 11 6. the amendments to clause (ii) of paragraph 3 of subdivision a of 12 section 12 of section 4 of chapter 576 of the laws of 1974 constituting 13 the emergency tenant protection act of nineteen seventy-four made by 14 section five of this act shall be subject to the expiration and rever- 15 sion of such clause pursuant to section 46 of chapter 116 of the laws of 16 1997, as amended, when upon such date the provisions of section six of 17 this act shall take effect. 18 SUBPART F 19 Section 1. Section 4 of chapter 576 of the laws of 1974 constituting 20 the emergency tenant protection act of nineteen seventy-four is amended 21 by adding a new section 5-b to read as follows: 22 S 5-B. TENANCY. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ACT 23 OR THE PROVISIONS OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER 24 OR ANY AGENT THEREOF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT 25 FOR OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT IF 26 THE OWNER OR ANY AGENT THEREOF HAS REASON TO KNOW THAT THE TENANT WILL 27 NOT OCCUPY THE HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, OR 28 THE TENANT IS A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR- 29 PROFIT ENTITY, PROVIDED, HOWEVER, IF THE TENANT (I) IS A NOT-FOR-PROFIT 30 CORPORATION, PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW, THAT IS 31 SOLELY ENGAGED IN ACTIVITIES TO PROVIDE HOUSING AND ADDITIONAL SUPPORT 32 SERVICES, IF ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE POPULATION, 33 AS DETERMINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMU- 34 NITY RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP OR OTHER BUSINESS 35 THAT IS PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON 36 PARTICIPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELLING UNIT, WHICH 37 SHALL BE OCCUPIED AS THE INDIVIDUAL'S PRIMARY RESIDENCE, AN OWNER OR 38 AGENT THEREOF MAY ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR 39 OCCUPANCY OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS ACT. 40 S 2. Clause (i) of paragraph 3 of subdivision a of section 12 of 41 section 4 of chapter 576 of the laws of 1974 constituting the emergency 42 tenant protection act of nineteen seventy-four, as amended by chapter 43 480 of the laws of 2009, is amended to read as follows: 44 (i) to have violated an order of the division OR SECTION FIVE-B OF 45 THIS ACT the commissioner may impose by administrative order after hear- 46 ing, a civil penalty in the amount of one thousand dollars for the first 47 such offense and two thousand dollars for each subsequent offense; or 48 S 3. Section 26-512 of the administrative code of the city of New York 49 is amended by adding a new subdivision g to read as follows: 50 G. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW OR THE PROVISIONS 51 OF ANY CONTRACT, LEASE OR RENTAL AGREEMENT, NO OWNER OR ANY AGENT THERE- 52 OF SHALL ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR OCCUPANCY OF 53 A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER IF THE OWNER OR 54 ANY AGENT THEREOF HAS REASON TO KNOW THAT THE TENANT WILL NOT OCCUPY THE S. 6009 17 1 HOUSING ACCOMMODATION AS HIS OR HER PRIMARY RESIDENCE, OR THE TENANT IS 2 A CORPORATION, PARTNERSHIP, OR OTHER BUSINESS OR NOT-FOR-PROFIT ENTITY, 3 PROVIDED, HOWEVER, IF THE TENANT (I) IS A NOT-FOR-PROFIT CORPORATION, 4 PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW, THAT IS SOLELY ENGAGED 5 IN ACTIVITIES TO PROVIDE HOUSING AND ADDITIONAL SUPPORT SERVICES, IF 6 ANY, TO LOW-INCOME OR VULNERABLE MEMBERS OF THE POPULATION, AS DETER- 7 MINED BY THE COMMISSIONER OF THE DIVISION OF HOUSING AND COMMUNITY 8 RENEWAL, OR (II) IS A CORPORATION, PARTNERSHIP OR OTHER BUSINESS THAT IS 9 PROVIDING AN OFFICER, PARTNER, EMPLOYEE OR OTHER NATURAL PERSON PARTIC- 10 IPATING IN THE DAY-TO-DAY OPERATIONS WITH A DWELLING UNIT, WHICH SHALL 11 BE OCCUPIED AS THE INDIVIDUAL'S PRIMARY RESIDENCE, AN OWNER OR AGENT 12 THEREOF MAY ENTER INTO A LEASE, OR OTHER RENTAL AGREEMENT FOR OCCUPANCY 13 OF A VACANT HOUSING ACCOMMODATION SUBJECT TO THIS CHAPTER. 14 S 4. Paragraph 1 of subdivision c of section 26-516 of the administra- 15 tive code of the city of New York, as amended by chapter 480 of the laws 16 of 2009, is amended to read as follows: 17 (1) to have violated an order of the division OR SUBDIVISION G OF 18 SECTION 26-512 OF THIS CHAPTER the commissioner may impose by adminis- 19 trative order after hearing, a civil penalty in the amount of one thou- 20 sand dollars for the first such offense and two thousand dollars for 21 each subsequent offense; or 22 S 5. Severability. If any provision of this act, or any application of 23 any provision of this act, is held to be invalid, that shall not affect 24 the validity or effectiveness of any other provision of this act, any 25 other application of any provision of this act, or any other provision 26 of any law or code amended by this act. 27 S 6. This act shall take effect on the sixtieth day after it shall 28 have become a law; provided that: 29 (a) the amendments to the emergency tenant protection act of nineteen 30 seventy-four made by sections one and two of this act shall expire on 31 the same date as such act expires and shall not affect the expiration of 32 such act as provided in section 17 of chapter 576 of the laws of 1974; 33 and 34 (b) the amendments to sections 26-512 and 26-516 of the administrative 35 code of the city of New York made by sections three and four of this act 36 shall expire on the same date as such sections expire and shall not 37 affect the expiration of such sections as provided in section 26-520 of 38 such code. 39 SUBPART G 40 Section 1. The section heading of section 467-b of the real property 41 tax law, as amended by section 1 of chapter 188 of the laws of 2005, is 42 amended to read as follows: 43 Tax abatement for rent-controlled and rent regulated property occupied 44 by senior citizens or persons with disabilities OR PERSONS PAYING A 45 MAXIMUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE 46 COMBINED INCOME OF ALL MEMBERS OF THEIR HOUSEHOLD. 47 S 2. Paragraph b of subdivision 1 of section 467-b of the real proper- 48 ty tax law, as amended by section 1 of chapter 188 of the laws of 2005, 49 is amended to read as follows: 50 b. "Head of the household" means a person (i) who is sixty-two years 51 of age or older, or (ii) who qualifies as a person with a disability 52 pursuant to subdivision five of this section, OR (III) WHO PAYS A MAXI- 53 MUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE COMBINED S. 6009 18 1 INCOME OF ALL MEMBERS OF THEIR HOUSEHOLD, and is entitled to the 2 possession or to the use or occupancy of a dwelling unit; 3 S 3. Subdivision 2 of section 467-b of the real property tax law, as 4 amended by chapter 747 of the laws of 1985, is amended to read as 5 follows: 6 2. The governing body of any municipal corporation is hereby author- 7 ized and empowered to adopt, after public hearing, in accordance with 8 the provisions of this section, a local law, ordinance or resolution 9 providing for the abatement of taxes of said municipal corporation 10 imposed on real property containing a dwelling unit as defined herein by 11 one of the following amounts: (a) where the head of the household does 12 not receive a monthly allowance for shelter pursuant to the social 13 services law, an amount not in excess of that portion of any increase in 14 maximum rent or legal regulated rent which causes such maximum rent or 15 legal regulated rent to exceed one-third of the combined income of all 16 members of the household; or 17 (b) WHERE THE HEAD OF THE HOUSEHOLD QUALIFIES AS A PERSON PAYING A 18 MAXIMUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE 19 COMBINED INCOME OF ALL MEMBERS OF THE HOUSEHOLD AND DOES NOT RECEIVE A 20 MONTHLY ALLOWANCE FOR SHELTER PURSUANT TO THE SOCIAL SERVICES LAW, AN 21 AMOUNT NOT IN EXCESS OF THAT PORTION OF ANY INCREASE IN MAXIMUM RENT OR 22 LEGAL REGULATED RENT WHICH CAUSES SUCH MAXIMUM RENT OR LEGAL REGULATED 23 RENT TO EXCEED ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF THE 24 HOUSEHOLD; OR 25 (C) where the head of the household receives a monthly allowance for 26 shelter pursuant to the social services law, an amount not in excess of 27 that portion of any increase in maximum rent or legal regulated rent 28 which is not covered by the maximum allowance for shelter which such 29 person is entitled to receive pursuant to the social services law. 30 S 4. Paragraph a of subdivision 3 of section 467-b of the real proper- 31 ty tax law, as amended by section 1 of part U of chapter 55 of the laws 32 of 2014, is amended to read as follows: 33 a. for a dwelling unit where the head of the household is a person 34 sixty-two years of age or older OR WHERE THE HEAD OF THE HOUSEHOLD PAYS 35 A MAXIMUM RENT OR LEGAL REGULATED RENT WHICH EXCEEDS ONE-HALF OF THE 36 COMBINED INCOME OF ALL MEMBERS OF THE HOUSEHOLD, no tax abatement shall 37 be granted if the combined income of all members of the household for 38 the income tax year immediately preceding the date of making application 39 exceeds four thousand dollars, or such other sum not more than twenty- 40 five thousand dollars beginning July first, two thousand five, twenty- 41 six thousand dollars beginning July first, two thousand six, twenty-sev- 42 en thousand dollars beginning July first, two thousand seven, 43 twenty-eight thousand dollars beginning July first, two thousand eight, 44 twenty-nine thousand dollars beginning July first, two thousand nine, 45 and fifty thousand dollars beginning July first, two thousand fourteen, 46 as may be provided by the local law, ordinance or resolution adopted 47 pursuant to this section, provided that when the head of the household 48 retires before the commencement of such income tax year and the date of 49 filing the application, the income for such year may be adjusted by 50 excluding salary or earnings and projecting his or her retirement income 51 over the entire period of such year. 52 S 5. Paragraph d of subdivision 1 of section 467-c of the real proper- 53 ty tax law, as separately amended by chapters 188 and 205 of the laws of 54 2005, and subparagraph 1 of paragraph d as amended by section 2 of part 55 U of chapter 55 of the laws of 2014, is amended to read as follows: S. 6009 19 1 d. "Eligible head of the household" means (1) a person or his or her 2 spouse who is sixty-two years of age or older, OR A PERSON WHO PAYS A 3 MAXIMUM RENT WHICH EXCEEDS ONE-HALF OF THE COMBINED INCOME OF ALL 4 MEMBERS OF THE HOUSEHOLD, and is entitled to the possession or to the 5 use and occupancy of a dwelling unit, provided, however, with respect to 6 a dwelling which was subject to a mortgage insured or initially insured 7 by the federal government pursuant to section two hundred thirteen of 8 the National Housing Act, as amended "eligible head of the household" 9 shall be limited to that person or his or her spouse who was entitled to 10 possession or the use and occupancy of such dwelling unit at the time of 11 termination of such mortgage, and whose income when combined with the 12 income of all other members of the household, does not exceed six thou- 13 sand five hundred dollars for the taxable period, or such other sum not 14 less than sixty-five hundred dollars nor more than twenty-five thousand 15 dollars beginning July first, two thousand five, twenty-six thousand 16 dollars beginning July first, two thousand six, twenty-seven thousand 17 dollars beginning July first, two thousand seven, twenty-eight thousand 18 dollars beginning July first, two thousand eight, twenty-nine thousand 19 dollars beginning July first, two thousand nine, and fifty thousand 20 dollars beginning July first, two thousand fourteen, as may be provided 21 by local law; or (2) a person with a disability as defined in this 22 subdivision. 23 S 6. Subparagraph (1) of paragraph a of subdivision 3 of section 467-c 24 of the real property tax law, as amended by chapter 747 of the laws of 25 1985, is amended to read as follows: 26 (1) where the eligible head of the household WHO IS EITHER SIXTY-TWO 27 YEARS OF AGE OR OLDER OR IS DISABLED does not receive a monthly allow- 28 ance for shelter pursuant to the social services law, the amount by 29 which increases in the maximum rent subsequent to such person's eligi- 30 bility date have resulted in the maximum rent exceeding one-third of the 31 combined income of all members of the household for the taxable period, 32 OR WHERE THE ELIGIBLE HEAD OF THE HOUSEHOLD IS A PERSON WHO PAYS A MAXI- 33 MUM RENT WHICH EXCEEDS ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF 34 THE HOUSEHOLD DOES NOT RECEIVE A MONTHLY ALLOWANCE FOR SHELTER PURSUANT 35 TO THE SOCIAL SERVICES LAW, THE AMOUNT BY WHICH INCREASES IN THE MAXIMUM 36 RENT SUBSEQUENT TO SUCH PERSON'S DATE HAVE RESULTED IN THE MAXIMUM RENT 37 EXCEEDING ONE-HALF OF THE COMBINED INCOME OF ALL MEMBERS OF THE HOUSE- 38 HOLD FOR THE TAXABLE PERIOD, except that in no event shall a rent 39 increase exemption order/tax abatement certificate become effective 40 prior to January first, nineteen hundred seventy-six; or 41 S 7. The state comptroller shall annually pay to each city providing 42 real property tax abatements pursuant to sections 467-v and 467-c of the 43 real property tax law an amount equal to 10 per centum of the real prop- 44 erty tax revenue lost during the city fiscal year due to the implementa- 45 tion of the provisions of this act. Each city eligible for state 46 payments pursuant to this section shall provide the state comptroller 47 with such information as he or she shall deem necessary. 48 S 8. This act shall take effect July 1, 2015; provided however, that 49 a. the amendments to section 467-b of the real property tax law, made 50 by sections one, two, three and four of this act shall be subject to the 51 expiration and reversion of such section pursuant to section 17 of chap- 52 ter 576 of the laws of 1974, and shall expire and be deemed repealed 53 therewith; 54 b. the amendments to paragraph a of subdivision 3 of section 467-b of 55 the real property tax law, made by section four of this act shall be 56 subject to the expiration of such paragraph pursuant to section 4 of S. 6009 20 1 part U of chapter 55 of the laws of 2014, as amended, and shall be 2 deemed to expire therewith; and 3 c. the amendments to subparagraph (1) of paragraph d of subdivision 1 4 of section 467-c of the real property tax law, made by section five of 5 this act shall not affect the expiration of such subparagraph pursuant 6 to section 4 of part U of chapter 55 of the laws of 2014, as amended, 7 and shall expire and be deemed repealed therewith. 8 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 9 sion, section or part of this act shall be adjudged by any court of 10 competent jurisdiction to be invalid, such judgment shall not affect, 11 impair, or invalidate the remainder thereof, but shall be confined in 12 its operation to the clause, sentence, paragraph, subdivision, section 13 or part thereof directly involved in the controversy in which such judg- 14 ment shall have been rendered. It is hereby declared to be the intent of 15 the legislature that this act would have been enacted even if such 16 invalid provisions had not been included herein. 17 S 3. This act shall take effect immediately provided, however, that 18 the applicable effective date of Subparts A through G of this act shall 19 be as specifically set forth in the last section of such Subparts. 20 PART B 21 Section 1. Section 421-a of the real property tax law is amended by 22 adding two new subdivisions 16 and 17 to read as follows: 23 16. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION: 24 (I) "421-A BENEFITS" SHALL MEAN EXEMPTION FROM REAL PROPERTY TAXATION 25 PURSUANT TO THIS SUBDIVISION. 26 (II) "AFFORDABILITY OPTION A" SHALL MEAN THAT, WITHIN ANY ELIGIBLE 27 SITE LOCATED EITHER ONSITE OR OFFSITE: (A) NOT LESS THAN TEN PERCENT OF 28 THE DWELLING UNITS ARE AFFORDABLE HOUSING FORTY PERCENT UNITS, (B) NOT 29 LESS THAN AN ADDITIONAL TEN PERCENT OF THE DWELLING UNITS ARE AFFORDABLE 30 HOUSING SIXTY PERCENT UNITS, (C) NOT LESS THAN AN ADDITIONAL FIVE 31 PERCENT OF THE DWELLING UNITS ARE AFFORDABLE HOUSING ONE HUNDRED THIRTY 32 PERCENT UNITS, AND (D) SUCH ELIGIBLE SITE IS DEVELOPED WITHOUT THE 33 SUBSTANTIAL ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A 34 FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT 35 TO A PROGRAM FOR THE DEVELOPMENT OF AFFORDABLE HOUSING, EXCEPT THAT SUCH 36 ELIGIBLE SITE MAY RECEIVE TAX EXEMPT BOND PROCEEDS AND FOUR PERCENT TAX 37 CREDITS. 38 (III) "AFFORDABILITY OPTION B" SHALL MEAN THAT, WITHIN ANY ELIGIBLE 39 SITE LOCATED EITHER ONSITE OR OFFSITE: (A) NOT LESS THAN TEN PERCENT OF 40 THE DWELLING UNITS ARE AFFORDABLE HOUSING SEVENTY PERCENT UNITS, AND (B) 41 NOT LESS THAN AN ADDITIONAL TWENTY PERCENT OF THE DWELLING UNITS ARE 42 AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS. 43 (IV) "AFFORDABILITY OPTION C" SHALL MEAN THAT, WITHIN ANY ELIGIBLE 44 SITE LOCATED EITHER ONSITE OR OFFSITE: (A) NOT LESS THAN THIRTY PERCENT 45 OF THE DWELLING UNITS ARE AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT 46 UNITS, AND (B) SUCH ELIGIBLE SITE IS DEVELOPED WITHOUT THE SUBSTANTIAL 47 ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR 48 LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR 49 THE DEVELOPMENT OF AFFORDABLE HOUSING. 50 (V) "AFFORDABILITY OPTION D" SHALL ONLY APPLY TO A HOMEOWNERSHIP 51 PROJECT, OF WHICH TWENTY-FIVE PERCENT OF THE UNITS SHALL HAVE AN AVERAGE 52 ASSESSED VALUE NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS. 53 (VI) "AFFORDABILITY PERCENTAGE" SHALL MEAN A FRACTION, THE NUMERATOR 54 OF WHICH IS THE NUMBER OF AFFORDABLE HOUSING UNITS IN AN ELIGIBLE SITE S. 6009 21 1 AND THE DENOMINATOR OF WHICH IS THE TOTAL NUMBER OF DWELLING UNITS IN 2 SUCH ELIGIBLE SITE. 3 (VII) "AFFORDABLE HOUSING FORTY PERCENT UNIT" SHALL MEAN A DWELLING 4 UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH 421-A 5 BENEFITS ARE GRANTED, AND (B) UPON INITIAL RENTAL AND UPON EACH SUBSE- 6 QUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, IS 7 AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES 8 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED FORTY PERCENT OF THE AREA MEDIAN 9 INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD 10 INITIALLY OCCUPIES SUCH DWELLING UNIT. 11 (VIII) "AFFORDABLE HOUSING SIXTY PERCENT UNIT" SHALL MEAN A DWELLING 12 UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH 421-A 13 BENEFITS ARE GRANTED, AND (B) UPON INITIAL RENTAL AND UPON EACH SUBSE- 14 QUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, IS 15 AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES 16 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED SIXTY PERCENT OF THE AREA MEDIAN 17 INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD 18 INITIALLY OCCUPIES SUCH DWELLING UNIT. 19 (IX) "AFFORDABLE HOUSING SEVENTY PERCENT UNIT" SHALL MEAN A DWELLING 20 UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH 421-A 21 BENEFITS ARE GRANTED, AND (B) UPON INITIAL RENTAL AND UPON EACH SUBSE- 22 QUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, IS 23 AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES 24 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED SEVENTY PERCENT OF THE AREA MEDI- 25 AN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD 26 INITIALLY OCCUPIES SUCH DWELLING UNIT. 27 (X) "AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNIT" SHALL MEAN A 28 DWELLING UNIT THAT: (A) IS SITUATED WITHIN THE ELIGIBLE SITE FOR WHICH 29 421-A BENEFITS ARE GRANTED, AND (B) UPON INITIAL RENTAL AND UPON EACH 30 SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE RESTRICTION PERIOD, IS 31 AFFORDABLE TO AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES 32 WHOSE HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE 33 AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH 34 HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. 35 (XI) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVID- 36 UALLY, AFFORDABLE HOUSING FORTY PERCENT UNITS, AFFORDABLE HOUSING SIXTY 37 PERCENT UNITS, AFFORDABLE HOUSING SEVENTY PERCENT UNITS, AND AFFORDABLE 38 HOUSING ONE HUNDRED THIRTY PERCENT UNITS. 39 (XII) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND 40 DEVELOPMENT. 41 (XIII) "APPLICATION" SHALL MEAN AN APPLICATION FOR 421-A BENEFITS. 42 (XIV) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGU- 43 LARLY EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR 44 MAINTENANCE OF, AN ELIGIBLE SITE, INCLUDING, BUT NOT LIMITED TO, A 45 WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, JANITOR, 46 GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND WINDOW 47 CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK FEWER 48 THAN EIGHT HOURS PER WEEK AT THE ELIGIBLE SITE. 49 (XV) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE 50 MULTIPLE DWELLING, THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF 51 INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR 52 AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF 53 THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING 54 OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH. 55 (XVI) "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL 56 DEPARTMENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIF- S. 6009 22 1 ICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF AN ELIGIBLE MULTI- 2 PLE DWELLING. 3 (XVII) "CONSTRUCTION PERIOD" SHALL MEAN, WITH RESPECT TO ANY ELIGIBLE 4 MULTIPLE DWELLING, A PERIOD: (A) BEGINNING ON THE LATER OF THE COMMENCE- 5 MENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING OR THREE YEARS BEFORE THE 6 COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, AND (B) ENDING ON 7 THE DAY PRECEDING THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELL- 8 ING. 9 (XVIII) "ELIGIBLE CONVERSION" SHALL MEAN THE CONVERSION, ALTERATION OR 10 IMPROVEMENT OF A PRE-EXISTING BUILDING OR STRUCTURE RESULTING IN A 11 MULTIPLE DWELLING IN WHICH NO MORE THAN FORTY-NINE PERCENT OF THE FLOOR 12 AREA CONSISTS OF SUCH PRE-EXISTING BUILDING OR STRUCTURE. 13 (XIX) "ELIGIBLE MULTIPLE DWELLING" SHALL MEAN A MULTIPLE DWELLING THAT 14 MAY INCLUDE BOTH ONSITE AND OFFSITE UNITS OR HOMEOWNERSHIP PROJECT 15 CONTAINING SIX OR MORE DWELLING UNITS CREATED THROUGH NEW CONSTRUCTION 16 OR ELIGIBLE CONVERSION FOR WHICH THE COMMENCEMENT DATE IS AFTER DECEMBER 17 THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ON OR BEFORE JUNE FIFTEENTH, TWO 18 THOUSAND TWENTY-ONE, AND FOR WHICH THE COMPLETION DATE IS ON OR BEFORE 19 JUNE FIFTEENTH, TWO THOUSAND TWENTY-FIVE. 20 (XX) "ELIGIBLE SITE" SHALL MEAN EITHER: (A) A TAX LOT CONTAINING AN 21 ELIGIBLE MULTIPLE DWELLING, OR (B) A ZONING LOT CONTAINING TWO OR MORE 22 ELIGIBLE MULTIPLE DWELLINGS THAT ARE PART OF A SINGLE APPLICATION. 23 (XXI) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS 24 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 25 (XXII) "FLOOR AREA" SHALL MEAN "FLOOR AREA" AS DEFINED IN THE NEW YORK 26 CITY ZONING RESOLUTION. 27 (XXIII) "FOUR PERCENT TAX CREDITS" SHALL MEAN FEDERAL LOW INCOME HOUS- 28 ING TAX CREDITS COMPUTED IN ACCORDANCE WITH CLAUSE (II) OF SUBPARAGRAPH 29 (B) OF PARAGRAPH ONE OF SUBSECTION (B) OF SECTION FORTY-TWO OF THE 30 INTERNAL REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED. 31 (XXIV) "HOMEOWNERSHIP PROJECT" SHALL MEAN A MULTIPLE DWELLING OR 32 PORTION THEREOF OPERATED AS CONDOMINIUM OR COOPERATIVE HOUSING, HOWEVER, 33 IT SHALL NOT INCLUDE A MULTIPLE DWELLING OR PORTION THEREOF OPERATED AS 34 COOPERATIVE OR CONDOMINIUM HOUSING LOCATED WITHIN THE BOROUGH OF MANHAT- 35 TAN. 36 (XXV) "MARKET UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE MULTIPLE 37 DWELLING OTHER THAN AN AFFORDABLE HOUSING UNIT. 38 (XXVI) "MULTIPLE DWELLING" SHALL HAVE THE MEANING SET FORTH IN THE 39 MULTIPLE DWELLING LAW. 40 (XXVII) "NON-RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT DOES NOT 41 CONTAIN ANY DWELLING UNITS. 42 (XXVIII) "RENT STABILIZATION" SHALL MEAN, COLLECTIVELY, THE RENT 43 STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, THE RENT STABILIZATION 44 CODE, AND THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN HUNDRED SEVEN- 45 TY-FOUR, ALL AS IN EFFECT AS OF THE EFFECTIVE DATE OF THE CHAPTER OF THE 46 LAWS OF TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION OR AS AMENDED 47 THEREAFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESS- 48 ING SUBSTANTIALLY THE SAME SUBJECT MATTER. 49 (XXIX) "RENTAL PROJECT" SHALL MEAN AN ELIGIBLE SITE IN WHICH ALL 50 DWELLING UNITS INCLUDED IN ANY APPLICATION ARE OPERATED AS RENTAL HOUS- 51 ING. 52 (XXX) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELL- 53 ING UNITS. 54 (XXXI) "RESTRICTION PERIOD" SHALL MEAN A PERIOD COMMENCING ON THE 55 COMPLETION DATE AND EXPIRING ON THE THIRTY-FIFTH ANNIVERSARY OF THE S. 6009 23 1 COMPLETION DATE, NOTWITHSTANDING ANY EARLIER TERMINATION OR REVOCATION 2 OF 421-A BENEFITS. 3 (XXXII) "TAX EXEMPT BOND PROCEEDS" SHALL MEAN THE PROCEEDS OF AN 4 EXEMPT FACILITY BOND, AS DEFINED IN PARAGRAPH SEVEN OF SUBSECTION (A) OF 5 SECTION ONE HUNDRED FORTY-TWO OF THE INTERNAL REVENUE CODE OF NINETEEN 6 HUNDRED EIGHTY-SIX, AS AMENDED, THE INTEREST UPON WHICH IS EXEMPT FROM 7 TAXATION UNDER SECTION ONE HUNDRED THREE OF THE INTERNAL REVENUE CODE OF 8 NINETEEN HUNDRED EIGHTY-SIX, AS AMENDED. 9 (XXXIII) "THIRTY-FIVE YEAR BENEFIT" SHALL MEAN: (A) FOR THE 10 CONSTRUCTION PERIOD, A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY 11 TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, (B) FOR THE 12 FIRST TWENTY-FIVE YEARS OF THE RESTRICTION PERIOD, A ONE HUNDRED PERCENT 13 EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR LOCAL 14 IMPROVEMENTS, AND (C) FOR THE FINAL TEN YEARS OF THE RESTRICTION PERIOD, 15 AN EXEMPTION FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS FOR 16 LOCAL IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE. 17 (B) BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, 18 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION 19 OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NEW ELIGIBLE 20 SITES, EXCEPT HOTELS, THAT COMPLY WITH THE PROVISIONS OF THIS SUBDIVI- 21 SION SHALL BE EXEMPT FROM REAL PROPERTY TAXATION, OTHER THAN ASSESSMENTS 22 FOR LOCAL IMPROVEMENTS, IN THE AMOUNTS AND FOR THE PERIODS SPECIFIED IN 23 THIS PARAGRAPH. A RENTAL PROJECT THAT MEETS ALL OF THE APPLICABLE 24 REQUIREMENTS OF THIS SUBDIVISION SHALL RECEIVE A THIRTY-FIVE YEAR BENE- 25 FIT. A HOMEOWNERSHIP PROJECT SHALL BE ELIGIBLE FOR, AND SHALL RECEIVE, 26 421-A BENEFITS CONSISTENT WITH THE APPLICABLE REQUIREMENTS OF THIS 27 SUBDIVISION, HOWEVER NO SUCH BENEFIT SHALL BE AWARDED FOR ANY HOMEOWNER- 28 SHIP PROJECTS UNTIL THE MAYOR OF THE CITY OF NEW YORK HAS ENTERED INTO A 29 MEMORANDUM OF UNDERSTANDING WITH AFFECTED PARTIES ASSOCIATED WITH THE 30 CONSTRUCTION OF ANY SUCH PROJECTS TO ENSURE ADEQUATE WAGES ARE ESTAB- 31 LISHED FOR ANY SUCH CONSTRUCTION. FOR ANY DWELLING UNITS LOCATED 32 OFF-SITE, HOWEVER, THE BENEFIT FOR SUCH UNITS SHALL BE NO LESS THAN 33 FIFTEEN YEARS AND NO MORE THAN TWENTY YEARS AS DETERMINED BY THE AGENCY 34 PURSUANT TO REGULATION PER BOROUGH. ANY BENEFIT SO DETERMINED SHALL 35 PROVIDE A ONE HUNDRED PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, 36 OTHER THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS FOR TWO-THIRDS OF THE 37 BENEFIT PERIOD AND FOR THE FINAL ONE-THIRD OF THE BENEFIT PERIOD, AN 38 EXEMPTION FROM REAL PROPERTY TAXES, OTHER THAN ASSESSMENTS FOR LOCAL 39 IMPROVEMENTS, EQUAL TO THE AFFORDABILITY PERCENTAGE. 40 (C) TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO 41 THIS SUBDIVISION, THE OWNER OF ANY ELIGIBLE SITE RECEIVING 421-A BENE- 42 FITS SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH 421-A BENEFITS ARE IN 43 EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS FOLLOWS: 44 (I) WITH RESPECT TO EACH ELIGIBLE MULTIPLE DWELLING CONSTRUCTED ON 45 SUCH ELIGIBLE SITE, REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF 46 SUCH LAND AND ANY IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR 47 PRIOR TO THE COMMENCEMENT DATE OF SUCH ELIGIBLE MULTIPLE DWELLING, WITH- 48 OUT REGARD TO ANY EXEMPTION FROM OR ABATEMENT OF REAL PROPERTY TAXATION 49 IN EFFECT DURING SUCH TAX YEAR, WHICH REAL PROPERTY TAXES SHALL BE 50 CALCULATED USING THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE; 51 AND 52 (II) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 53 (D) LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. IF THE AGGREGATE 54 FLOOR AREA OF COMMERCIAL, COMMUNITY FACILITY AND ACCESSORY USE SPACE IN 55 AN ELIGIBLE SITE, OTHER THAN PARKING WHICH IS LOCATED NOT MORE THAN 56 TWENTY-THREE FEET ABOVE THE CURB LEVEL, EXCEEDS TWELVE PERCENT OF THE S. 6009 24 1 AGGREGATE FLOOR AREA IN SUCH ELIGIBLE SITE, ANY 421-A BENEFITS SHALL BE 2 REDUCED BY A PERCENTAGE EQUAL TO SUCH EXCESS. IF AN ELIGIBLE SITE 3 CONTAINS MULTIPLE TAX LOTS, THE TAX ARISING OUT OF SUCH REDUCTION IN 4 421-A BENEFITS SHALL FIRST BE APPORTIONED PRO RATA AMONG ANY NON-RESI- 5 DENTIAL TAX LOTS. AFTER ANY SUCH NON-RESIDENTIAL TAX LOTS ARE FULLY 6 TAXABLE, THE REMAINDER OF THE TAX ARISING OUT OF SUCH REDUCTION IN 421-A 7 BENEFITS, IF ANY, SHALL BE APPORTIONED PRO RATA AMONG THE REMAINING 8 RESIDENTIAL TAX LOTS. 9 (E) CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY 10 CERTIFYING THE APPLICANT'S ELIGIBILITY FOR 421-A BENEFITS, THE ASSESSORS 11 SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO BE 12 EXEMPTED. ADDITIONALLY, FOR HOMEOWNERSHIP PROJECTS, THE ASSESSOR SHALL 13 PROVIDE GUIDANCE AND INFORMATION TO THE DEVELOPER OF SUCH PROJECT 14 INCLUDING AN ASSESSMENT BEFORE THE SALE OF ANY SUCH UNIT THAT REQUIRES 15 AN ASSESSED VALUE NOT TO EXCEED SEVENTY-FIVE THOUSAND DOLLARS. 16 (F) AFFORDABILITY REQUIREMENTS. DURING THE RESTRICTION PERIOD, A 17 RENTAL PROJECT SHALL COMPLY WITH EITHER AFFORDABILITY OPTION A, AFFORDA- 18 BILITY OPTION B, OR AFFORDABILITY OPTION C OR FOR PURPOSES OF A HOMEOWN- 19 ERSHIP PROJECT, SUCH PROJECT SHALL COMPLY WITH AFFORDABILITY OPTION D. 20 SUCH ELECTION SHALL BE MADE IN THE APPLICATION AND SHALL NOT THEREAFTER 21 BE CHANGED. THE RENTAL PROJECT SHALL ALSO COMPLY WITH ALL PROVISIONS OF 22 THIS PARAGRAPH DURING THE RESTRICTION PERIOD AND WITH SUBPARAGRAPH (III) 23 OF THIS PARAGRAPH BOTH DURING AND AFTER THE RESTRICTION PERIOD TO THE 24 EXTENT PROVIDED IN SUCH SUBPARAGRAPH. 25 (I) ALL RENTAL DWELLING UNITS IN AN ELIGIBLE MULTIPLE DWELLING WHERE 26 SUCH UNITS ARE IN THE SAME DWELLING SHALL BE ACCESSED THROUGH THE SAME 27 STREET ENTRANCES AND LOBBIES, AND NO SUCH ENTRANCE OR LOBBY SHALL SERVE 28 SOME RENTAL DWELLING UNITS TO THE EXCLUSION OF OTHERS. 29 (II) UNLESS PREEMPTED BY THE REQUIREMENTS OF A FEDERAL, STATE OR LOCAL 30 HOUSING PROGRAM, EITHER: (A) THE AFFORDABLE HOUSING UNITS IN AN ELIGIBLE 31 SITE CONTAINING RENTAL UNITS SHALL HAVE A UNIT MIX PROPORTIONAL TO THE 32 MARKET UNITS, OR (B) AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING 33 UNITS IN AN ELIGIBLE SITE CONTAINING RENTAL UNITS SHALL HAVE TWO OR MORE 34 BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF THE AFFORDABLE HOUSING 35 UNITS SHALL HAVE LESS THAN ONE BEDROOM. 36 (III) NOTWITHSTANDING ANY PROVISION OF RENT STABILIZATION TO THE 37 CONTRARY, THE RENTS OF ALL AFFORDABLE HOUSING UNITS SHALL BE FULLY 38 SUBJECT TO RENT STABILIZATION DURING THE RESTRICTION PERIOD, PROVIDED 39 THAT TENANTS HOLDING A LEASE AND IN OCCUPANCY OF SUCH AFFORDABLE HOUSING 40 UNITS AT THE EXPIRATION OF THE RESTRICTION PERIOD SHALL HAVE THE RIGHT 41 TO REMAIN AS RENT STABILIZED TENANTS FOR THE DURATION OF THEIR OCCUPAN- 42 CY. 43 (IV) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED PURSU- 44 ANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH SHALL CONTAIN A DESIGNATION 45 THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS CREATED PURSUANT 46 TO THIS SUBDIVISION AS "421-A AFFORDABLE HOUSING UNITS" AND SHALL 47 CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL SUCH 48 AFFORDABLE HOUSING UNITS. 49 (V) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH THAT 50 REQUIRE THE CREATION, MAINTENANCE, RENT STABILIZATION COMPLIANCE AND 51 OCCUPANCY OF AFFORDABLE HOUSING UNITS OR FOR PURPOSES OF A HOMEOWNERSHIP 52 PROJECT THE FAILURE TO COMPLY WITH AFFORDABILITY OPTION D SHALL RESULT 53 IN REVOCATION OF ANY 421-A BENEFITS FOR THE PERIOD OF SUCH NON-COMPLI- 54 ANCE. 55 (VI) NOTHING IN THIS SUBDIVISION SHALL: (A) PROHIBIT THE OCCUPANCY OF 56 AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT S. 6009 25 1 ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, 2 ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT 3 PURSUANT TO THIS SUBDIVISION, OR (B) PROHIBIT THE OWNER OF AN ELIGIBLE 4 SITE FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY RENTAL FOLLOWING A 5 VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT BY SUCH LOWER 6 INCOME INDIVIDUALS OR FAMILIES. 7 (VII) FOLLOWING ISSUANCE OF A TEMPORARY CERTIFICATE OF OCCUPANCY AND 8 UPON EACH VACANCY THEREAFTER, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY 9 BE OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT 10 EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR 11 FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS 12 SUBDIVISION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS 13 THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE: (A) 14 RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (B) HELD OFF 15 THE MARKET FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM 16 REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCU- 17 PANCY. 18 (VIII) AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, 19 TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN 20 AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE 21 OPTION OF THE TENANT. 22 (IX) AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE 23 OR CONDOMINIUM OWNERSHIP. 24 (X) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGENCY 25 DEEMS NECESSARY OR APPROPRIATE FOR: (A) THE MARKETING OF AFFORDABLE 26 HOUSING UNITS, BOTH UPON INITIAL OCCUPANCY AND UPON ANY VACANCY, (B) 27 MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS PARAGRAPH, (C) THE 28 MARKETING AND MONITORING OF ANY HOMEOWNERSHIP PROJECT THAT IS GRANTED AN 29 EXEMPTION PURSUANT TO THIS SUBDIVISION, (D) APPROVAL OF AN ELIGIBLE SITE 30 UNDER THIS SECTION THAT PROVIDES BOTH ONSITE AND OFFSITE AFFORDABLE 31 HOUSING UNITS GRANTED PURSUANT TO A CERTIFICATE PROGRAM THAT SHALL BE 32 ESTABLISHED BY SUCH AGENCY; AND (E) CONVENING A WORKING GROUP OF STAKE- 33 HOLDERS TO EXAMINE THE PROGRAM INCLUDING THE LABOR AND WORKFORCE 34 CONCERNS RELATED TO CONSTRUCTION UNDER TAKEN PURSUANT TO THIS SECTION, 35 AND THE CREATION OF AFFORDABLE HOUSING. SUCH REQUIREMENTS MAY INCLUDE, 36 BUT NEED NOT BE LIMITED TO, RETAINING A MONITOR APPROVED BY THE AGENCY 37 AND PAID FOR BY THE OWNER. 38 (XI) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRA- 39 RY, A MARKET UNIT SHALL BE SUBJECT TO RENT STABILIZATION UNLESS, IN THE 40 ABSENCE OF 421-A BENEFITS, THE OWNER WOULD BE ENTITLED TO REMOVE SUCH 41 MARKET UNIT FROM RENT STABILIZATION UPON VACANCY BY REASON OF THE MONTH- 42 LY RENT EXCEEDING ANY LIMIT ESTABLISHED THEREUNDER. 43 (G) BUILDING SERVICE EMPLOYEES. (I) FOR THE PURPOSES OF THIS PARA- 44 GRAPH, "APPLICANT" SHALL MEAN AN APPLICANT FOR 421-A BENEFITS, ANY 45 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- 46 EES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A PROPERTY 47 MANAGEMENT COMPANY OR CONTRACTOR. 48 (II) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE 49 ELIGIBLE SITE SHALL RECEIVE THE APPLICABLE PREVAILING WAGE FOR THE 50 ENTIRE RESTRICTION PERIOD. 51 (III) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE 52 PROVISIONS OF THIS PARAGRAPH. IN ENFORCING SUCH PROVISIONS, THE FISCAL 53 OFFICER SHALL HAVE THE POWER: 54 (A) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE 55 THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES; IN MAKING SUCH 56 INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT S. 6009 26 1 DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND 2 DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; 3 (B) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR 4 ELSEWHERE; 5 (C) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE 6 WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE 7 EMPLOYEES; 8 (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, 9 ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A SUBPOENA 10 ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW 11 AND RULES; 12 (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG- 13 NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO 14 DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE 15 EMPLOYEES IN SUCH CLASSIFICATION; 16 (F) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD 17 OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE 18 EMPLOYEES AND OF THEIR HOURS OF WORK; 19 (G) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR 20 OTHER AUTHORIZED REPRESENTATIVE; AND 21 (H) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE 22 PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED 23 UPON HIM OR HER BY THE PROVISIONS OF THIS SUBPARAGRAPH. 24 (IV) IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO 25 COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH, HE OR SHE SHALL PRESENT 26 EVIDENCE OF SUCH NONCOMPLIANCE TO THE AGENCY. 27 (V) SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE APPLICABLE TO: 28 (A) AN ELIGIBLE MULTIPLE DWELLING CONTAINING LESS THAN FIFTY DWELLING 29 UNITS; OR 30 (B) AN ELIGIBLE MULTIPLE DWELLING WHERE THE LOCAL HOUSING AGENCY 31 CERTIFIES THAT AT INITIAL OCCUPANCY AT LEAST FIFTY PERCENT OF THE DWELL- 32 ING UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES WITH A GROSS HOUSE- 33 HOLD INCOME AT OR BELOW ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA 34 MEDIAN INCOME AND THAT ANY SUCH UNITS WHICH ARE LOCATED IN RENTAL BUILD- 35 INGS WILL BE SUBJECT TO RESTRICTIONS TO INSURE THAT THEY WILL REMAIN 36 AFFORDABLE FOR THE ENTIRE PERIOD DURING WHICH THEY RECEIVE BENEFITS 37 UNDER THIS SECTION. 38 (H) REPLACEMENT RATIO. IF THE LAND ON WHICH AN ELIGIBLE SITE IS 39 LOCATED CONTAINED ANY DWELLING UNITS THREE YEARS PRIOR TO THE COMMENCE- 40 MENT DATE OF THE FIRST ELIGIBLE MULTIPLE DWELLING THEREON, THEN SUCH 41 ELIGIBLE SITE SHALL CONTAIN AT LEAST ONE AFFORDABLE HOUSING UNIT FOR 42 EACH DWELLING UNIT THAT EXISTED ON SUCH DATE AND WAS THEREAFTER DEMOL- 43 ISHED, REMOVED OR RECONFIGURED. 44 (I) CONCURRENT EXEMPTIONS OR ABATEMENTS. AN ELIGIBLE MULTIPLE DWELLING 45 RECEIVING 421-A BENEFITS SHALL NOT RECEIVE ANY EXEMPTION FROM OR ABATE- 46 MENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 47 (J) VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE 48 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN 49 OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANY 50 421-A BENEFITS UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMI- 51 NATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSU- 52 ANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR HUNDRED 53 TWENTY-C OF THIS TITLE. 54 (K) TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE 55 421-A BENEFITS FOR NONCOMPLIANCE WITH THIS SUBDIVISION. IF 421-A BENE- 56 FITS ARE TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS SUBDIVISION, S. 6009 27 1 ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO RENT 2 STABILIZATION OR FOR A HOMEOWNERSHIP PROJECT SUCH PROJECT SHALL CONTINUE 3 TO COMPLY WITH AFFORDABILITY OPTION D OF THIS SUBDIVISION AND ALL OTHER 4 REQUIREMENTS OF THIS SUBDIVISION FOR THE RESTRICTION PERIOD AND ANY 5 ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SUBDIVISION, AS IF THE 6 421-A BENEFITS HAD NOT BEEN TERMINATED OR REVOKED. 7 (L) POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SUBDIVISION 8 SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- 9 DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT 10 LAW OR IN EQUITY. 11 (M) MULTIPLE TAX LOTS. IF AN ELIGIBLE SITE CONTAINS MULTIPLE TAX LOTS, 12 AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE OR MORE OF SUCH TAX 13 LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR 421-A BENEFITS BASED 14 UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION. 15 (N) APPLICATIONS. (I) THE APPLICATION WITH RESPECT TO ANY ELIGIBLE 16 MULTIPLE DWELLING SHALL BE FILED WITH THE AGENCY NOT LATER THAN ONE YEAR 17 AFTER THE COMPLETION DATE OF SUCH ELIGIBLE MULTIPLE DWELLING. 18 (II) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL 19 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE 20 FILED ELECTRONICALLY. 21 (III) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER 22 SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- 23 TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE 24 DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE 25 HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH 26 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED 27 TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN 28 SECTION SIXTY-FIVE HUNDRED ELEVEN OF SUCH LAW, AND SHALL THEREAFTER BE 29 INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVISION. 30 (O) FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND 31 DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. HOWEVER, 32 THE AGENCY MAY PROMULGATE RULES IMPOSING A LESSER FEE FOR ELIGIBLE SITES 33 CONTAINING ELIGIBLE MULTIPLE DWELLINGS CONSTRUCTED WITH THE SUBSTANTIAL 34 ASSISTANCE OF GRANTS, LOANS OR SUBSIDIES PROVIDED BY A FEDERAL, STATE OR 35 LOCAL GOVERNMENTAL AGENCY OR INSTRUMENTALITY PURSUANT TO A PROGRAM FOR 36 THE DEVELOPMENT OF AFFORDABLE HOUSING. 37 (P) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS 38 OF THIS SUBDIVISION. 39 (Q) AUTHORITY OF CITY TO ENACT LOCAL LAW. A CITY TO WHICH THIS SUBDI- 40 VISION IS APPLICABLE SHALL NOT BE AUTHORIZED TO ENACT A LOCAL LAW TO 41 RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT 42 OF 421-A BENEFITS IN ANY MANNER, OR GRANT 421-A BENEFITS BEYOND THOSE 43 PROVIDED IN THIS SUBDIVISION. THE PROVISIONS OF SECTIONS 11-245 AND 44 11-245.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OR OF ANY 45 OTHER LOCAL LAW OF THE CITY OF NEW YORK THAT WERE ENACTED ON OR BEFORE 46 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN 47 THAT ADDED THIS PARAGRAPH SHALL NOT RESTRICT, LIMIT OR CONDITION THE 48 ELIGIBILITY FOR OR THE SCOPE OR AMOUNT OF 421-A BENEFITS PURSUANT TO 49 THIS SUBDIVISION. 50 (R) ELECTION. NOTWITHSTANDING ANYTHING IN THIS SUBDIVISION TO THE 51 CONTRARY, A RENTAL PROJECT WITH A COMMENCEMENT DATE ON OR BEFORE DECEM- 52 BER THIRTY-FIRST, TWO THOUSAND FIFTEEN THAT HAS NOT RECEIVED BENEFITS 53 PURSUANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF 54 THE LAWS OF TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION MAY ELECT 55 TO COMPLY WITH THIS SUBDIVISION AND RECEIVE 421-A BENEFITS PURSUANT TO 56 THIS SUBDIVISION. S. 6009 28 1 17. (A) DEFINITIONS. FOR PURPOSES OF THIS SUBDIVISION: 2 (I) "AFFORDABLE HOUSING EIGHTY PERCENT UNITS" SHALL MEAN DWELLING 3 UNITS THAT: (A) ARE SITUATED WITHIN THE EXTENDED AFFORDABILITY PROPERTY, 4 (B) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL FOLLOWING A 5 VACANCY DURING THE EXTENDED AFFORDABILITY PERIOD, ARE EACH AFFORDABLE 6 AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE HOUSEHOLD 7 INCOME DOES NOT EXCEED ONE HUNDRED PERCENT OF THE AREA MEDIAN INCOME, 8 ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD INITIALLY 9 OCCUPIES SUCH DWELLING UNIT, AND (C) UPON INITIAL RENTAL AND UPON EACH 10 SUBSEQUENT RENTAL FOLLOWING A VACANCY DURING THE EXTENDED AFFORDABILITY 11 PERIOD, ARE COLLECTIVELY AFFORDABLE AND RESTRICTED TO OCCUPANCY BY INDI- 12 VIDUALS OR FAMILIES WHOSE HOUSEHOLD INCOME DOES NOT EXCEED AN AVERAGE OF 13 EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT 14 THE TIME THAT SUCH HOUSEHOLD INITIALLY OCCUPIES SUCH DWELLING UNIT. 15 (II) "AFFORDABLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS" SHALL MEAN 16 DWELLING UNITS THAT: (A) ARE SITUATED WITHIN AN EXTENDED AFFORDABILITY 17 PROPERTY, AND (B) UPON INITIAL RENTAL AND UPON EACH SUBSEQUENT RENTAL 18 FOLLOWING A VACANCY DURING THE EXTENDED AFFORDABILITY PERIOD, ARE EACH 19 AFFORDABLE AND RESTRICTED TO OCCUPANCY BY INDIVIDUALS OR FAMILIES WHOSE 20 HOUSEHOLD INCOME DOES NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE AREA 21 MEDIAN INCOME, ADJUSTED FOR FAMILY SIZE, AT THE TIME THAT SUCH HOUSEHOLD 22 INITIALLY OCCUPIES SUCH DWELLING UNIT. 23 (III) "AFFORDABLE HOUSING UNIT" SHALL MEAN, COLLECTIVELY AND INDIVID- 24 UALLY, AFFORDABLE HOUSING EIGHTY PERCENT UNITS AND AFFORDABLE HOUSING 25 ONE HUNDRED THIRTY PERCENT UNITS. 26 (IV) "AGENCY" SHALL MEAN THE DEPARTMENT OF HOUSING PRESERVATION AND 27 DEVELOPMENT. 28 (V) "APPLICATION" SHALL MEAN AN APPLICATION FOR EXTENDED BENEFITS 29 PURSUANT TO THIS SUBDIVISION. 30 (VI) "BUILDING SERVICE EMPLOYEE" SHALL MEAN ANY PERSON WHO IS REGULAR- 31 LY EMPLOYED AT, AND PERFORMS WORK IN CONNECTION WITH THE CARE OR MAINTE- 32 NANCE OF, AN EXTENDED AFFORDABILITY PROPERTY, INCLUDING, BUT NOT LIMITED 33 TO, A WATCHMAN, GUARD, DOORMAN, BUILDING CLEANER, PORTER, HANDYMAN, 34 JANITOR, GARDENER, GROUNDSKEEPER, ELEVATOR OPERATOR AND STARTER, AND 35 WINDOW CLEANER, BUT NOT INCLUDING PERSONS REGULARLY SCHEDULED TO WORK 36 FEWER THAN EIGHT HOURS PER WEEK IN THE EXTENDED AFFORDABILITY PROPERTY. 37 (VII) "COMMENCEMENT DATE" SHALL MEAN THE LATER OF: (A) THE EXPIRATION 38 DATE, OR (B) THE RESTRICTIVE DECLARATION DATE. 39 (VIII) "EXPIRATION DATE" SHALL MEAN THE DATE UPON WHICH BENEFITS 40 GRANTED TO A TWENTY YEAR BENEFIT PROPERTY OR TWENTY-FIVE YEAR BENEFIT 41 PROPERTY PURSUANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THE 42 CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT ADDED THIS SUBDIVISION 43 WOULD EXPIRE. 44 (IX) "EXTENDED AFFORDABILITY PERIOD" SHALL MEAN, NOTWITHSTANDING ANY 45 EARLIER TERMINATION OR REVOCATION OF THE EXTENDED BENEFIT, THE PERIOD 46 COMMENCING UPON THE COMMENCEMENT DATE AND ENDING: (A) FIFTEEN YEARS 47 THEREAFTER FOR A TWENTY YEAR BENEFIT PROPERTY, AND (B) TEN YEARS THERE- 48 AFTER FOR A TWENTY-FIVE YEAR BENEFIT PROPERTY. 49 (X) "EXTENDED AFFORDABILITY PROPERTY" SHALL MEAN A TWENTY YEAR BENEFIT 50 PROPERTY OR A TWENTY-FIVE YEAR BENEFIT PROPERTY THAT COMPLIES WITH THE 51 PROVISIONS OF THIS SUBDIVISION. 52 (XI) "EXTENDED AFFORDABILITY REQUIREMENT" SHALL MEAN THAT, WITHIN ANY 53 EXTENDED AFFORDABILITY PROPERTY: (A) NOT LESS THAN TWENTY PERCENT OF THE 54 DWELLING UNITS ARE AFFORDABLE HOUSING EIGHTY PERCENT UNITS, AND (B) NOT 55 LESS THAN AN ADDITIONAL FIVE PERCENT OF THE DWELLING UNITS ARE AFFORDA- 56 BLE HOUSING ONE HUNDRED THIRTY PERCENT UNITS. S. 6009 29 1 (XII) "EXTENDED BENEFIT" SHALL MEAN, FOR ANY EXTENDED AFFORDABILITY 2 PROPERTY, A FIFTY PERCENT EXEMPTION FROM REAL PROPERTY TAXATION, OTHER 3 THAN ASSESSMENTS FOR LOCAL IMPROVEMENTS, FOR THE EXTENDED AFFORDABILITY 4 PERIOD. 5 (XIII) "FISCAL OFFICER" SHALL MEAN THE COMPTROLLER OR OTHER ANALOGOUS 6 OFFICER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 7 (XIV) "FLOOR AREA" SHALL MEAN "FLOOR AREA" AS DEFINED IN THE NEW YORK 8 CITY ZONING RESOLUTION. 9 (XV) "MULTIPLE DWELLING" SHALL HAVE THE MEANING SET FORTH IN THE 10 MULTIPLE DWELLING LAW. 11 (XVI) "RESIDENTIAL TAX LOT" SHALL MEAN A TAX LOT THAT CONTAINS DWELL- 12 ING UNITS. 13 (XVII) "RESTRICTIVE DECLARATION" SHALL MEAN A DOCUMENT EXECUTED BY ALL 14 PARTIES IN INTEREST TO THE EXTENDED AFFORDABILITY PROPERTY WHICH 15 PROVIDES THAT, DURING THE EXTENDED AFFORDABILITY PERIOD, THE EXTENDED 16 AFFORDABILITY PROPERTY SHALL COMPLY WITH THE EXTENDED AFFORDABILITY 17 REQUIREMENT. 18 (XVIII) "RESTRICTIVE DECLARATION DATE" SHALL MEAN THE DATE UPON WHICH 19 THE RESTRICTIVE DECLARATION IS RECORDED AGAINST THE EXTENDED AFFORDABIL- 20 ITY PROPERTY. 21 (XIX) "TWENTY YEAR BENEFIT PROPERTY" SHALL MEAN A MULTIPLE DWELLING 22 THAT COMMENCED CONSTRUCTION PRIOR TO JULY FIRST, TWO THOUSAND EIGHT AND 23 THAT WAS GRANTED BENEFITS PURSUANT TO THIS SECTION PRIOR TO THE EFFEC- 24 TIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT ADDED 25 THIS SUBDIVISION DUE TO ITS COMPLIANCE WITH THE REQUIREMENTS OF ITEM (B) 26 OF CLAUSE (A) OF SUBPARAGRAPH (IV) OF PARAGRAPH (A) OF SUBDIVISION TWO 27 OF THIS SECTION. 28 (XX) "TWENTY-FIVE YEAR BENEFIT PROPERTY" SHALL MEAN A MULTIPLE DWELL- 29 ING THAT COMMENCED CONSTRUCTION PRIOR TO JULY FIRST, TWO THOUSAND EIGHT 30 AND THAT WAS GRANTED BENEFITS PURSUANT TO THIS SECTION PRIOR TO THE 31 EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT 32 ADDED THIS SUBDIVISION DUE TO ITS COMPLIANCE WITH THE REQUIREMENTS OF 33 ITEM (B) OF CLAUSE (D) OF SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDI- 34 VISION TWO OF THIS SECTION. 35 (B) BENEFIT. IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, 36 NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION OF THIS SECTION 37 OR OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN EXTENDED 38 AFFORDABILITY PROPERTY SHALL BE GRANTED AN EXTENDED BENEFIT, PROVIDED, 39 HOWEVER, THAT SUCH EXTENDED BENEFIT SHALL BE AVAILABLE ONLY IF ALL RESI- 40 DENTIAL TAX LOTS IN SUCH EXTENDED AFFORDABILITY PROPERTY OPERATE AS 41 RENTAL HOUSING. 42 (C) TAX PAYMENTS. IN ADDITION TO ANY OTHER AMOUNTS PAYABLE PURSUANT TO 43 THIS SUBDIVISION, THE OWNER OF AN EXTENDED AFFORDABILITY PROPERTY 44 RECEIVING AN EXTENDED BENEFIT SHALL PAY, IN EACH TAX YEAR IN WHICH SUCH 45 EXTENDED BENEFIT IS IN EFFECT, REAL PROPERTY TAXES AND ASSESSMENTS AS 46 FOLLOWS: 47 (I) REAL PROPERTY TAXES ON THE ASSESSED VALUATION OF SUCH LAND AND ANY 48 IMPROVEMENTS THEREON IN EFFECT DURING THE TAX YEAR PRECEDING THE 49 COMMENCEMENT OF THE CONSTRUCTION OF SUCH EXTENDED AFFORDABILITY PROPERTY 50 WITHOUT REGARD TO ANY EXEMPTION OR ABATEMENT FROM REAL PROPERTY TAXATION 51 IN EFFECT PRIOR TO SUCH CONSTRUCTION WHICH REAL PROPERTY TAXES SHALL BE 52 CALCULATED ON THE TAX RATE IN EFFECT AT THE TIME SUCH TAXES ARE DUE; AND 53 (II) ALL ASSESSMENTS FOR LOCAL IMPROVEMENTS. 54 (D) LIMITATION ON BENEFITS FOR NON-RESIDENTIAL SPACE. ANY EXTENDED 55 BENEFIT SHALL BE REDUCED BY THE PERCENTAGE OF AGGREGATE FLOOR AREA OF 56 THE EXTENDED AFFORDABILITY PROPERTY OCCUPIED BY COMMERCIAL, COMMUNITY S. 6009 30 1 FACILITY, PARKING, AND ACCESSORY USES AS PROVIDED IN PARAGRAPH (D) OF 2 SUBDIVISION TWO OF THIS SECTION. 3 (E) CALCULATION OF BENEFIT. BASED ON THE CERTIFICATION OF THE AGENCY 4 CERTIFYING THE APPLICANT'S ELIGIBILITY FOR THE EXTENDED BENEFIT, THE 5 ASSESSORS SHALL CERTIFY TO THE COLLECTING OFFICER THE AMOUNT OF TAXES TO 6 BE EXEMPTED. 7 (F) AFFORDABILITY REQUIREMENT. DURING THE EXTENDED AFFORDABILITY PERI- 8 OD, AN EXTENDED AFFORDABILITY PROPERTY MUST COMPLY WITH THE EXTENDED 9 AFFORDABILITY REQUIREMENT AND THE RESTRICTIVE DECLARATION. THE EXTENDED 10 AFFORDABILITY PROPERTY SHALL ALSO COMPLY WITH ALL PROVISIONS OF THIS 11 PARAGRAPH DURING THE EXTENDED AFFORDABILITY PERIOD AND WITH SUBPARAGRAPH 12 (I) OF THIS PARAGRAPH BOTH DURING AND AFTER THE EXTENDED AFFORDABILITY 13 PERIOD TO THE EXTENT PROVIDED IN SUCH SUBPARAGRAPH. 14 (I) NOTWITHSTANDING THE PROVISIONS OF ANY LOCAL LAW FOR THE STABILIZA- 15 TION OF RENTS OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVEN- 16 TY-FOUR, THE RENTS OF ALL AFFORDABLE HOUSING UNITS IN AN EXTENDED 17 AFFORDABILITY PROPERTY SHALL BE FULLY SUBJECT TO CONTROL UNDER SUCH 18 LOCAL LAW OR SUCH ACT DURING THE EXTENDED AFFORDABILITY PERIOD, PROVIDED 19 THAT TENANTS HOLDING A LEASE AND IN OCCUPANCY OF SUCH AFFORDABLE HOUSING 20 UNITS IN AN EXTENDED AFFORDABILITY PROPERTY AT THE EXPIRATION OF THE 21 EXTENDED AFFORDABILITY PERIOD SHALL HAVE THE RIGHT TO REMAIN AS RENT 22 STABILIZED TENANTS FOR THE DURATION OF THEIR OCCUPANCY. UPON ANY VACANCY 23 OF AN AFFORDABLE HOUSING UNIT AFTER THE EXTENDED AFFORDABILITY PERIOD, 24 SUCH AFFORDABLE HOUSING UNIT SHALL REMAIN FULLY SUBJECT TO RENT STABILI- 25 ZATION UNLESS THE OWNER IS ENTITLED TO REMOVE SUCH AFFORDABLE HOUSING 26 UNIT FROM RENT STABILIZATION UPON SUCH VACANCY BY REASON OF THE MONTHLY 27 RENT EXCEEDING ANY LIMIT ESTABLISHED THEREUNDER. 28 (II) ALL RENT STABILIZATION REGISTRATIONS REQUIRED TO BE FILED PURSU- 29 ANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL CONTAIN A DESIGNATION 30 THAT SPECIFICALLY IDENTIFIES AFFORDABLE HOUSING UNITS COMPLYING WITH THE 31 EXTENDED AFFORDABILITY REQUIREMENT AS "421-A AFFORDABLE HOUSING UNITS" 32 AND SHALL CONTAIN AN EXPLANATION OF THE REQUIREMENTS THAT APPLY TO ALL 33 SUCH AFFORDABLE HOUSING UNITS. 34 (III) FAILURE TO COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH THAT 35 REQUIRE THE MAINTENANCE, RENT STABILIZATION AND OCCUPANCY OF AFFORDABLE 36 HOUSING UNITS IN AN EXTENDED AFFORDABILITY PROPERTY SHALL RESULT IN 37 REVOCATION OF THE EXTENDED BENEFIT FOR THE PERIOD OF SUCH NON-COMPLI- 38 ANCE. 39 (IV) NOTHING IN THIS SUBDIVISION SHALL: (A) PROHIBIT THE OCCUPANCY OF 40 AN AFFORDABLE HOUSING UNIT BY INDIVIDUALS OR FAMILIES WHOSE INCOME AT 41 ANY TIME IS LESS THAN THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, 42 ADJUSTED FOR FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT 43 PURSUANT TO THIS SUBDIVISION, OR (B) PROHIBIT THE OWNER OF AN EXTENDED 44 AFFORDABILITY PROPERTY FROM REQUIRING, UPON INITIAL RENTAL OR UPON ANY 45 RENTAL FOLLOWING A VACANCY, THE OCCUPANCY OF ANY AFFORDABLE HOUSING UNIT 46 BY SUCH LOWER INCOME INDIVIDUALS OR FAMILIES. 47 (V) UPON EACH VACANCY, AN AFFORDABLE HOUSING UNIT SHALL PROMPTLY BE 48 OFFERED FOR RENTAL BY INDIVIDUALS OR FAMILIES WHOSE INCOME DOES NOT 49 EXCEED THE MAXIMUM PERCENTAGE OF THE AREA MEDIAN INCOME, ADJUSTED FOR 50 FAMILY SIZE, SPECIFIED FOR SUCH AFFORDABLE HOUSING UNIT PURSUANT TO THIS 51 SUBDIVISION AND WHO INTEND TO OCCUPY SUCH AFFORDABLE HOUSING UNIT AS 52 THEIR PRIMARY RESIDENCE. AN AFFORDABLE HOUSING UNIT SHALL NOT BE: (A) 53 RENTED TO A CORPORATION, PARTNERSHIP OR OTHER ENTITY, OR (B) HELD OFF 54 THE MARKET FOR A PERIOD LONGER THAN IS REASONABLY NECESSARY TO PERFORM 55 REPAIRS NEEDED TO MAKE SUCH AFFORDABLE HOUSING UNIT AVAILABLE FOR OCCU- 56 PANCY. S. 6009 31 1 (VI) AN AFFORDABLE HOUSING UNIT SHALL NOT BE RENTED ON A TEMPORARY, 2 TRANSIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR AN 3 AFFORDABLE HOUSING UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE 4 OPTION OF THE TENANT. 5 (VII) AN AFFORDABLE HOUSING UNIT SHALL NOT BE CONVERTED TO COOPERATIVE 6 OR CONDOMINIUM OWNERSHIP. 7 (VIII) THE AGENCY MAY ESTABLISH BY RULE SUCH REQUIREMENTS AS THE AGEN- 8 CY DEEMS NECESSARY OR APPROPRIATE FOR: (A) THE MARKETING OF AFFORDABLE 9 HOUSING UNITS, AND (B) MONITORING COMPLIANCE WITH THE PROVISIONS OF THIS 10 PARAGRAPH. SUCH REQUIREMENTS MAY INCLUDE, BUT NEED NOT BE LIMITED TO, 11 RETAINING A MONITOR APPROVED BY THE AGENCY AND PAID FOR BY THE OWNER. 12 (G) BUILDING SERVICE EMPLOYEES. (I) FOR THE PURPOSES OF THIS PARA- 13 GRAPH, "APPLICANT" SHALL MEAN AN APPLICANT FOR EXTENDED BENEFITS, ANY 14 SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING SERVICE EMPLOY- 15 EES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A PROPERTY 16 MANAGEMENT COMPANY OR CONTRACTOR. 17 (II) ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT AT THE 18 EXTENDED AFFORDABILITY PROPERTY SHALL RECEIVE THE APPLICABLE PREVAILING 19 WAGE FOR THE ENTIRE EXTENDED AFFORDABILITY PERIOD. 20 (III) THE FISCAL OFFICER SHALL HAVE THE POWER TO ENFORCE THE 21 PROVISIONS OF THIS PARAGRAPH. IN ENFORCING SUCH PROVISIONS, THE FISCAL 22 OFFICER SHALL HAVE THE POWER: 23 (A) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE 24 THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES; IN MAKING SUCH 25 INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT 26 DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND 27 DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; 28 (B) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR 29 ELSEWHERE; 30 (C) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE 31 WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE 32 EMPLOYEES; 33 (D) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOENAS, 34 ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A SUBPOENA 35 ISSUED UNDER THIS PARAGRAPH SHALL BE REGULATED BY THE CIVIL PRACTICE LAW 36 AND RULES; 37 (E) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG- 38 NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO 39 DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE 40 EMPLOYEES IN SUCH CLASSIFICATION; 41 (F) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD 42 OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE 43 EMPLOYEES AND OF THEIR HOURS OF WORK; 44 (G) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR 45 OTHER AUTHORIZED REPRESENTATIVE; AND 46 (H) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR THE 47 PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS CONFERRED 48 UPON HIM OR HER BY THE PROVISIONS OF THIS SUBPARAGRAPH. 49 (IV) IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO 50 COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH, HE OR SHE SHALL PRESENT 51 EVIDENCE OF SUCH NONCOMPLIANCE TO THE AGENCY. 52 (V) SUBPARAGRAPH (II) OF THIS PARAGRAPH SHALL NOT BE APPLICABLE TO: 53 (A) AN EXTENDED AFFORDABILITY PROJECT CONTAINING LESS THAN FIFTY 54 DWELLING UNITS; OR 55 (B) AN EXTENDED AFFORDABILITY PROJECT WHERE THE LOCAL HOUSING AGENCY 56 CERTIFIES THAT AT INITIAL OCCUPANCY AT LEAST FIFTY PERCENT OF THE DWELL- S. 6009 32 1 ING UNITS ARE AFFORDABLE TO INDIVIDUALS OR FAMILIES WITH A GROSS HOUSE- 2 HOLD INCOME AT OR BELOW ONE HUNDRED TWENTY-FIVE PERCENT OF THE AREA 3 MEDIAN INCOME AND THAT ANY SUCH UNITS WHICH ARE LOCATED IN RENTAL BUILD- 4 INGS WILL BE SUBJECT TO RESTRICTIONS TO INSURE THAT THEY WILL REMAIN 5 AFFORDABLE FOR THE ENTIRE PERIOD DURING WHICH THEY RECEIVE BENEFITS 6 UNDER THIS SECTION. 7 (H) CONCURRENT EXEMPTIONS OR ABATEMENTS. AN EXTENDED AFFORDABILITY 8 PROPERTY RECEIVING AN EXTENDED BENEFIT SHALL NOT RECEIVE ANY EXEMPTION 9 FROM OR ABATEMENT OF REAL PROPERTY TAXATION UNDER ANY OTHER LAW. 10 (I) VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE 11 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN 12 OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE AN 13 EXTENDED BENEFIT UNLESS THE AGENCY AUTHORIZES SUCH RENUNCIATION OR 14 TERMINATION IN CONNECTION WITH THE COMMENCEMENT OF A NEW TAX EXEMPTION 15 PURSUANT TO EITHER THE PRIVATE HOUSING FINANCE LAW OR SECTION FOUR 16 HUNDRED TWENTY-C OF THIS TITLE. 17 (J) TERMINATION OR REVOCATION. THE AGENCY MAY TERMINATE OR REVOKE THE 18 EXTENDED BENEFIT FOR NONCOMPLIANCE WITH THIS SUBDIVISION. IF THE 19 EXTENDED BENEFIT IS TERMINATED OR REVOKED FOR NONCOMPLIANCE WITH THIS 20 SUBDIVISION, ALL OF THE AFFORDABLE HOUSING UNITS SHALL REMAIN SUBJECT TO 21 THE PROVISIONS OF ANY LOCAL LAW FOR THE STABILIZATION OF RENTS OR THE 22 EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR AND ALL OTHER 23 REQUIREMENTS OF THIS SUBDIVISION FOR THE ENTIRE EXTENDED AFFORDABILITY 24 PERIOD AND ANY ADDITIONAL PERIOD EXPRESSLY PROVIDED IN THIS SUBDIVISION, 25 AS IF THE EXTENDED BENEFIT HAD NOT BEEN TERMINATED OR REVOKED. 26 (K) POWERS CUMULATIVE. THE ENFORCEMENT PROVISIONS OF THIS SUBDIVISION 27 SHALL NOT BE EXCLUSIVE, AND ARE IN ADDITION TO ANY OTHER RIGHTS, REME- 28 DIES, OR ENFORCEMENT POWERS SET FORTH IN ANY OTHER LAW OR AVAILABLE AT 29 LAW OR IN EQUITY. 30 (L) MULTIPLE TAX LOTS. IF AN EXTENDED AFFORDABILITY PROPERTY CONTAINS 31 MULTIPLE TAX LOTS, AN APPLICATION MAY BE SUBMITTED WITH RESPECT TO ONE 32 OR MORE OF SUCH TAX LOTS. THE AGENCY SHALL DETERMINE ELIGIBILITY FOR AN 33 EXTENDED BENEFIT BASED UPON THE TAX LOTS INCLUDED IN SUCH APPLICATION. 34 (M) APPLICATIONS. (I) THE APPLICATION WITH RESPECT TO ANY EXTENDED 35 AFFORDABILITY PROPERTY SHALL INCLUDE A CERTIFICATION THAT: (A) THE 36 RESTRICTIVE DECLARATION HAS BEEN RECORDED AGAINST THE EXTENDED AFFORDA- 37 BILITY PROPERTY, AND (B) THE EXTENDED AFFORDABILITY PROPERTY IS IN 38 COMPLIANCE WITH SUCH RESTRICTIVE DECLARATION AND THIS SUBDIVISION. 39 (II) THE APPLICATION WITH RESPECT TO ANY EXTENDED AFFORDABILITY PROP- 40 ERTY SHALL BE FILED WITH THE AGENCY ON OR BEFORE THE LATER OF: (A) 41 DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, OR (B) EIGHTEEN MONTHS 42 AFTER THE EXPIRATION DATE. 43 (III) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL 44 LAW TO THE CONTRARY, THE AGENCY MAY REQUIRE BY RULE THAT APPLICATIONS BE 45 FILED ELECTRONICALLY. 46 (IV) THE AGENCY MAY RELY ON CERTIFICATION BY AN ARCHITECT OR ENGINEER 47 SUBMITTED BY AN APPLICANT IN CONNECTION WITH THE FILING OF AN APPLICA- 48 TION. A FALSE CERTIFICATION BY SUCH ARCHITECT OR ENGINEER SHALL BE 49 DEEMED TO BE PROFESSIONAL MISCONDUCT PURSUANT TO SECTION SIXTY-FIVE 50 HUNDRED NINE OF THE EDUCATION LAW. ANY LICENSEE FOUND GUILTY OF SUCH 51 MISCONDUCT UNDER THE PROCEDURES PRESCRIBED IN SECTION SIXTY-FIVE HUNDRED 52 TEN OF THE EDUCATION LAW SHALL BE SUBJECT TO THE PENALTIES PRESCRIBED IN 53 SECTION SIXTY-FIVE HUNDRED ELEVEN OF SUCH LAW, AND SHALL THEREAFTER BE 54 INELIGIBLE TO SUBMIT A CERTIFICATION PURSUANT TO THIS SUBDIVISION. 55 (N) FILING FEE. THE AGENCY MAY REQUIRE A FILING FEE OF THREE THOUSAND 56 DOLLARS PER DWELLING UNIT IN CONNECTION WITH ANY APPLICATION. S. 6009 33 1 (O) RULES. THE AGENCY MAY PROMULGATE RULES TO CARRY OUT THE PROVISIONS 2 OF THIS SUBDIVISION. 3 (P) AUTHORITY OF CITY TO ENACT LOCAL LAW. A CITY TO WHICH THIS SUBDI- 4 VISION IS APPLICABLE SHALL NOT BE AUTHORIZED TO ENACT A LOCAL LAW TO 5 RESTRICT, LIMIT OR CONDITION THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT 6 OF EXTENDED BENEFITS IN ANY MANNER, OR GRANT EXTENDED BENEFITS BEYOND 7 THOSE PROVIDED IN THIS SUBDIVISION. THE PROVISIONS OF SECTIONS 11-245 8 AND 11-245.1 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK OR OF 9 ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK THAT WERE ENACTED ON OR 10 BEFORE THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND 11 FIFTEEN THAT ADDED THIS PARAGRAPH SHALL NOT RESTRICT, LIMIT OR CONDITION 12 THE ELIGIBILITY FOR OR THE SCOPE OR AMOUNT OF EXTENDED BENEFITS PURSUANT 13 TO THIS SUBDIVISION. 14 S 2. The opening paragraph of clause (A) of subparagraph (iv) of para- 15 graph (a) of subdivision 2 of section 421-a of the real property tax 16 law, as amended by chapter 19 of the laws of 2015, is amended to read as 17 follows: 18 [Unless excluded by local law, in] IN the city of New York, the bene- 19 fits of this subparagraph shall be available in the borough of Manhattan 20 for new multiple dwellings on tax lots now existing or hereafter created 21 south of or adjacent to either side of one hundred tenth street that 22 commence construction after July first, nineteen hundred ninety-two and 23 ON OR before [June twenty-third] DECEMBER THIRTY-FIRST, two thousand 24 fifteen, PROVIDED, HOWEVER, THAT (1) SUCH A MULTIPLE DWELLING RECEIVES 25 ITS FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY COVERING ALL 26 RESIDENTIAL AREAS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TWEN- 27 TY-ONE, AND (2) SOLELY FOR PURPOSES OF DETERMINING WHETHER THIS CLAUSE 28 APPLIES AND NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, "COMMENCE" 29 SHALL MEAN THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF INITIAL 30 FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR AN ELIGI- 31 BLE CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE 32 CONVERSION, ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING OR 33 STRUCTURE LAWFULLY BEGINS IN GOOD FAITH, only if: 34 S 3. Subparagraph (ii) of paragraph (c) of subdivision 2 of section 35 421-a of the real property tax law, as amended by of chapter 19 of the 36 laws of 2015, is amended to read as follows: 37 (ii) construction is commenced after January first, nineteen hundred 38 seventy-five and ON OR before [June twenty-third] DECEMBER THIRTY-FIRST, 39 two thousand fifteen, provided, however, that (A) SUCH A MULTIPLE DWELL- 40 ING RECEIVES ITS FIRST TEMPORARY OR PERMANENT CERTIFICATE OF OCCUPANCY 41 COVERING ALL RESIDENTIAL AREAS ON OR BEFORE DECEMBER THIRTY-FIRST, TWO 42 THOUSAND TWENTY-ONE, (B) SOLELY FOR PURPOSES OF DETERMINING WHETHER THIS 43 SUBPARAGRAPH APPLIES AND NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, 44 "COMMENCE" SHALL MEAN THE DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF 45 INITIAL FOOTINGS AND FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR 46 AN ELIGIBLE CONVERSION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF 47 THE CONVERSION, ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING 48 OR STRUCTURE LAWFULLY BEGINS IN GOOD FAITH, AND (C) such commencement 49 period shall not apply to multiple dwellings eligible for benefits under 50 subparagraph (iv) of paragraph (a) of this subdivision; 51 S 4. Subdivision 2 of section 421-a of the real property tax law is 52 amended by adding a new paragraph (j) to read as follows: 53 (J) VOLUNTARY RENUNCIATION OR TERMINATION. NOTWITHSTANDING THE 54 PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN 55 OWNER SHALL NOT BE ENTITLED TO VOLUNTARILY RENOUNCE OR TERMINATE ANY TAX 56 EXEMPTION GRANTED PURSUANT TO THIS SUBDIVISION UNLESS THE LOCAL HOUSING S. 6009 34 1 AGENCY AUTHORIZES SUCH RENUNCIATION OR TERMINATION IN CONNECTION WITH 2 THE COMMENCEMENT OF A NEW TAX EXEMPTION PURSUANT TO EITHER THE PRIVATE 3 HOUSING FINANCE LAW OR SECTION FOUR HUNDRED TWENTY-C OF THIS TITLE. 4 S 5. The opening paragraph of subdivision 3 of section 421-a of the 5 real property tax law is designated paragraph (a) and a new paragraph 6 (b) is added to read as follows: 7 (B) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL 8 LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY RULE THAT 9 APPLICATIONS BE FILED ELECTRONICALLY. 10 S 6. Paragraph (a) of subdivision 6 of section 421-a of the real prop- 11 erty tax law is amended by adding three new subparagraphs (iii), (iv) 12 and (v) to read as follows: 13 (III) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ANY BUILDING IN 14 A COVERED PROJECT AND NOTWITHSTANDING ANY LOCAL LAW TO THE CONTRARY, THE 15 DATE UPON WHICH EXCAVATION AND CONSTRUCTION OF INITIAL FOOTINGS AND 16 FOUNDATIONS LAWFULLY BEGINS IN GOOD FAITH OR, FOR AN ELIGIBLE CONVER- 17 SION, THE DATE UPON WHICH THE ACTUAL CONSTRUCTION OF THE CONVERSION, 18 ALTERATION OR IMPROVEMENT OF THE PRE-EXISTING BUILDING OR STRUCTURE 19 LAWFULLY BEGINS IN GOOD FAITH. 20 (IV) "COMPLETION DATE" SHALL MEAN THE DATE UPON WHICH THE LOCAL 21 DEPARTMENT OF BUILDINGS ISSUES THE FIRST TEMPORARY OR PERMANENT CERTIF- 22 ICATE OF OCCUPANCY COVERING ALL RESIDENTIAL AREAS OF A BUILDING IN A 23 COVERED PROJECT. 24 (V) "COVERED PROJECT AGREEMENT" SHALL MEAN AN AGREEMENT EXECUTED AND 25 RECORDED ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, AND 26 NOT THEREAFTER AMENDED TO INCLUDE ADDITIONAL REAL PROPERTY, BY AND 27 BETWEEN THE OWNERS OF THE REAL PROPERTY CONTAINING ALL OF THE AFFORDABLE 28 UNITS AND THE MARKET UNITS WHICH WILL CONSTITUTE A SINGLE COVERED 29 PROJECT AS DEFINED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH. 30 S 7. Paragraph (b) of subdivision 6 of section 421-a of the real prop- 31 erty tax law, as added by chapter 110 of the laws of 2005, is amended to 32 read as follows: 33 (b) No benefits under the provisions of this section shall be 34 conferred on any BUILDING IN A covered project located in the Greenpoint 35 - Williamsburg waterfront exclusion area unless [such] THE REAL PROPERTY 36 CONTAINING SUCH BUILDING IS IDENTIFIED IN A COVERED PROJECT AGREEMENT, 37 AND THE COVERED project THAT INCLUDES SUCH BUILDING shall provide 38 affordable housing for persons and families of low and moderate income 39 that meets one of the following conditions: 40 (i) not less than twenty percent of the units in the covered project 41 are affordable to and occupied or available for occupancy by individuals 42 or families whose incomes at the time of initial occupancy do not exceed 43 eighty percent of the area median incomes adjusted for family size, AND 44 AT LEAST ONE BUILDING IN SUCH COVERED PROJECT THAT CONTAINS NOT LESS 45 THAN TWENTY PERCENT OF ITS DWELLING UNITS MEETING THIS AFFORDABLE HOUS- 46 ING REQUIREMENT HAS A COMMENCEMENT DATE ON OR BEFORE DECEMBER 47 THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ALL OF THE BUILDINGS IN SUCH 48 COVERED PROJECT THAT RECEIVE BENEFITS PURSUANT TO PARAGRAPH (F) OF THIS 49 SUBDIVISION HAVE A COMPLETION DATE ON OR BEFORE JUNE FIFTEENTH, TWO 50 THOUSAND TWENTY-FIVE; or 51 (ii) not less than ten percent of the units in the covered project are 52 affordable to and occupied or available for occupancy by individuals or 53 families whose incomes at the time of initial occupancy do not exceed 54 eighty percent of the area median incomes adjusted for family size and 55 not less than an additional fifteen percent of the units in the covered 56 project are affordable to and occupied or available for occupancy by S. 6009 35 1 individuals or families whose incomes at the time of initial occupancy 2 do not exceed one hundred twenty-five percent of the area median incomes 3 adjusted for family size, AND AT LEAST ONE BUILDING IN SUCH COVERED 4 PROJECT THAT CONTAINS NOT LESS THAN TWENTY-FIVE PERCENT OF ITS DWELLING 5 UNITS MEETING THIS AFFORDABLE HOUSING REQUIREMENT HAS A COMMENCEMENT 6 DATE ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ALL OF 7 THE BUILDINGS IN SUCH COVERED PROJECT THAT RECEIVE BENEFITS PURSUANT TO 8 PARAGRAPH (F) OF THIS SUBDIVISION HAVE A COMPLETION DATE ON OR BEFORE 9 JUNE FIFTEENTH, TWO THOUSAND TWENTY-FIVE. 10 S 8. Paragraph (f) of subdivision 6 of section 421-a of the real prop- 11 erty tax law, as added by chapter 110 of the laws of 2005, is amended to 12 read as follows: 13 (f) With respect to any covered project located entirely within the 14 Greenpoint - Williamsburg waterfront exclusion area, the period of tax 15 benefits awarded to any building in such covered project shall be the 16 same as the period of tax benefits awarded under clause [(A)] (D) of 17 subparagraph (iii) of paragraph (a) of subdivision two of this section. 18 With respect to any covered project which includes one or more buildings 19 located outside the Greenpoint - Williamsburg waterfront exclusion area, 20 the period of tax benefits awarded to any building in such covered 21 project that is located within the Greenpoint - Williamsburg waterfront 22 exclusion area shall be the same as the period of tax benefits awarded 23 under clause (A) of subparagraph (ii) of paragraph (a) of subdivision 24 two of this section. 25 S 9. Subdivision 8 of section 421-a of the real property tax law, as 26 added by chapter 618 of the laws of 2007, subparagraph (i) of paragraph 27 (a) and paragraph (c) as amended by chapter 15 of the laws of 2008, and 28 paragraphs (d) and (e) as amended by chapter 619 of the laws of 2007, is 29 amended to read as follows: 30 8. (a) As used in this subdivision, the following terms shall have the 31 following meanings: 32 (i) "APPLICANT" MEANS AN APPLICANT FOR BENEFITS PURSUANT TO THIS 33 SECTION, ANY SUCCESSOR TO SUCH APPLICANT, OR ANY EMPLOYER OF BUILDING 34 SERVICE EMPLOYEES FOR SUCH APPLICANT, INCLUDING, BUT NOT LIMITED TO, A 35 PROPERTY MANAGEMENT COMPANY OR CONTRACTOR. 36 (II) "Building service employee" means any person who is regularly 37 employed at a building who performs work in connection with the care or 38 maintenance of such building. "Building service employee" includes, but 39 is not limited to [superintendent,] watchman, guard, doorman, building 40 cleaner, porter, handyman, janitor, gardener, groundskeeper, elevator 41 operator and starter, and window cleaner, but shall not include persons 42 regularly scheduled to work fewer than eight hours per week in the 43 building. 44 [(ii) "Prevailing wage" means the wage determined by the fiscal offi- 45 cer to be prevailing for the various classes of building service employ- 46 ees in the locality pursuant to section two hundred thirty of the labor 47 law.] 48 (III) "FISCAL OFFICER" MEANS THE COMPTROLLER OR OTHER ANALOGOUS OFFI- 49 CER IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE. 50 (b) [No benefits under this section shall be conferred for any 51 construction commenced on or after December twenty-eighth, two thousand 52 seven for any tax lots now existing or hereafter created except where 53 the applicant agrees that all building service employees employed at the 54 building, whether employed directly by the applicant or its successors, 55 or through a property management company or a contractor, shall receive 56 the applicable prevailing wage for the duration of the building's tax S. 6009 36 1 exemption.] ALL BUILDING SERVICE EMPLOYEES EMPLOYED BY THE APPLICANT IN 2 A BUILDING WHOSE CONSTRUCTION COMMENCED ON OR AFTER DECEMBER 3 TWENTY-EIGHTH, TWO THOUSAND SEVEN SHALL RECEIVE THE APPLICABLE PREVAIL- 4 ING WAGE FOR THE DURATION OF BENEFITS PURSUANT TO THIS SECTION. 5 (C) [The limitations contained in paragraph] THE FISCAL OFFICER SHALL 6 HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS SUBDIVISION. IN ENFORC- 7 ING SUCH PROVISIONS, THE FISCAL OFFICER SHALL HAVE THE POWER: 8 (I) TO INVESTIGATE OR CAUSE AN INVESTIGATION TO BE MADE TO DETERMINE 9 THE PREVAILING WAGES FOR BUILDING SERVICE EMPLOYEES; IN MAKING SUCH 10 INVESTIGATION, THE FISCAL OFFICER MAY UTILIZE WAGE AND FRINGE BENEFIT 11 DATA FROM VARIOUS SOURCES, INCLUDING, BUT NOT LIMITED TO, DATA AND 12 DETERMINATIONS OF FEDERAL, STATE OR OTHER GOVERNMENTAL AGENCIES; 13 (II) TO INSTITUTE AND CONDUCT INSPECTIONS AT THE SITE OF THE WORK OR 14 ELSEWHERE; 15 (III) TO EXAMINE THE BOOKS, DOCUMENTS AND RECORDS PERTAINING TO THE 16 WAGES PAID TO, AND THE HOURS OF WORK PERFORMED BY, BUILDING SERVICE 17 EMPLOYEES; 18 (IV) TO HOLD HEARINGS AND, IN CONNECTION THEREWITH, TO ISSUE SUBPOE- 19 NAS, ADMINISTER OATHS AND EXAMINE WITNESSES; THE ENFORCEMENT OF A 20 SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE CIVIL 21 PRACTICE LAW AND RULES; 22 (V) TO MAKE A CLASSIFICATION BY CRAFT, TRADE OR OTHER GENERALLY RECOG- 23 NIZED OCCUPATIONAL CATEGORY OF THE BUILDING SERVICE EMPLOYEES AND TO 24 DETERMINE WHETHER SUCH WORK HAS BEEN PERFORMED BY THE BUILDING SERVICE 25 EMPLOYEES IN SUCH CLASSIFICATION; 26 (VI) TO REQUIRE THE APPLICANT TO FILE WITH THE FISCAL OFFICER A RECORD 27 OF THE WAGES ACTUALLY PAID BY SUCH APPLICANT TO THE BUILDING SERVICE 28 EMPLOYEES AND OF THEIR HOURS OF WORK; 29 (VII) TO DELEGATE ANY OF THE FOREGOING POWERS TO HIS OR HER DEPUTY OR 30 OTHER AUTHORIZED REPRESENTATIVE; AND 31 (VIII) TO PROMULGATE RULES AS HE OR SHE SHALL CONSIDER NECESSARY FOR 32 THE PROPER EXECUTION OF THE DUTIES, RESPONSIBILITIES AND POWERS 33 CONFERRED UPON HIM OR HER BY THE PROVISIONS OF THIS PARAGRAPH. 34 (D) IF THE FISCAL OFFICER FINDS THAT THE APPLICANT HAS FAILED TO 35 COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, HE OR SHE SHALL PRESENT 36 EVIDENCE OF SUCH NONCOMPLIANCE TO THE LOCAL HOUSING AGENCY. 37 (E) PARAGRAPH (b) of this subdivision shall not be applicable to: 38 (i) projects containing less than fifty dwelling units; or 39 (ii) buildings where the local housing agency certifies that at 40 initial occupancy at least fifty percent of the dwelling units are 41 affordable to individuals or families with a gross household income at 42 or below one hundred twenty-five percent of the area median income and 43 that any such units which are located in rental buildings will be 44 subject to restrictions to insure that they will remain affordable for 45 the entire period during which they receive benefits under this section. 46 [(d)] (F) The local housing agency shall prescribe appropriate sanc- 47 tions for failure to comply with the provisions of this subdivision. 48 [(e)] (G) Solely for purposes of paragraph (b) of this subdivision, 49 construction shall be deemed to have commenced when excavation or alter- 50 ation has begun in good faith on the basis of approved construction 51 plans. 52 [(f)] (H) The [limitations on] eligibility CRITERIA for benefits 53 contained in this subdivision shall be in addition to those contained in 54 any other law or regulation. 55 S 10. This act shall take effect immediately, except that sections 56 six, seven and eight of this act shall be deemed to have been in full S. 6009 37 1 force and effect on and after June 21, 2005, and section nine of this 2 act shall be deemed to have been in full force and effect on and after 3 August 17, 2007. Any such benefits provided pursuant to this act, howev- 4 er, shall be suspended if within one year from the effective date of 5 this act no memorandum of understanding has been entered into pursuant 6 to paragraph (b) of subdivision 16 of section 421-a of the real property 7 tax law as added by section one of this act, however, that upon the 8 execution of such memorandum of understanding after such one year period 9 such benefits shall be reinstated. 10 PART C 11 Section 1. Section 34 of chapter 91 of the laws of 2002 amending the 12 education law and other laws relating to the reorganization of the New 13 York city school construction authority, board of education and communi- 14 ty boards, as amended by chapter 345 of the laws of 2009, is amended to 15 read as follows: 16 S 34. This act shall take effect July 1, 2002; provided, that sections 17 one through twenty, twenty-four, and twenty-six through thirty of this 18 act shall expire and be deemed repealed June 30, [2015] 2016; provided, 19 further, that notwithstanding any provision of article 5 of the general 20 construction law, on June 30, [2015] 2016 the provisions of subdivisions 21 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs 22 b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 23 2554 of the education law as repealed by section three of this act, 24 subdivision 1 of section 2590-b of the education law as repealed by 25 section six of this act, paragraph (a) of subdivision 2 of section 26 2590-b of the education law as repealed by section seven of this act, 27 section 2590-c of the education law as repealed by section eight of this 28 act, paragraph c of subdivision 2 of section 2590-d of the education law 29 as repealed by section twenty-six of this act, subdivision 1 of section 30 2590-e of the education law as repealed by section twenty-seven of this 31 act, subdivision 28 of section 2590-h of the education law as repealed 32 by section twenty-eight of this act, subdivision 30 of section 2590-h of 33 the education law as repealed by section twenty-nine of this act, subdi- 34 vision 30-a of section 2590-h of the education law as repealed by 35 section thirty of this act shall be revived and be read as such 36 provisions existed in law on the date immediately preceding the effec- 37 tive date of this act; provided, however, that sections seven and eight 38 of this act shall take effect on November 30, 2003; provided further 39 that the amendments to subdivision 25 of section 2554 of the education 40 law made by section two of this act shall be subject to the expiration 41 and reversion of such subdivision pursuant to section 12 of chapter 147 42 of the laws of 2001, as amended, when upon such date the provisions of 43 section four of this act shall take effect. 44 S 2. Subdivision 12 of section 17 of chapter 345 of the laws of 2009 45 amending the education law relating to the New York city board of educa- 46 tion, chancellor, community councils, and community superintendents, is 47 amended to read as follows: 48 12. any provision in sections one, two, three, four, five, six, seven, 49 eight, nine, ten and eleven of this act not otherwise set to expire 50 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or 51 section 17 of chapter 123 of the laws of 2003, as amended, shall expire 52 and be deemed repealed June 30, [2015] 2016. 53 S 3. Section 2851 of the education law is amended by adding a new 54 subdivision 5 to read as follows: S. 6009 38 1 5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN A CITY 2 HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, A CHARTER SCHOOL 3 APPROVED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION 4 MAY APPLY AT ANY TIME TO ANOTHER CHARTER ENTITY DEFINED IN PARAGRAPH (B) 5 OR (C) OF SUBDIVISION THREE OF THIS SECTION TO REQUEST SUCH OTHER CHAR- 6 TER ENTITY TO OVERSEE AND SUPERVISE SUCH CHARTER SCHOOL. ALL OBLIGATIONS 7 OF THE CHANCELLOR TO OVERSEE AND SUPERVISE A CHARTER SCHOOL SHALL TERMI- 8 NATE UPON SUCH CHARTER SCHOOL ENTERING INTO A CHARTER AGREEMENT, AS 9 DEFINED IN SUBDIVISION FIVE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF 10 THIS ARTICLE, WITH ANOTHER CHARTER ENTITY, AND THE CHANCELLOR SHALL 11 PROVIDE IN A TIMELY FASHION INFORMATION RELEVANT TO THE CHARTER AS 12 REQUESTED BY SUCH OTHER CHARTER ENTITY. 13 S 4. Subdivisions 9 and 9-a of section 2852 of the education law, 14 subdivision 9 as amended and subdivision 9-a as added by chapter 101 of 15 the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter 16 221 of the laws of 2010, paragraph (f) of subdivision 9-a as amended by 17 chapter 102 of the laws of 2010, are amended to read as follows: 18 9. The total number of charters issued pursuant to this article STATE- 19 WIDE shall not exceed four hundred sixty. (a) [One hundred of such 20 charters shall be issued on the recommendation of the charter entity 21 described in paragraph (b) of subdivision three of section twenty-eight 22 hundred fifty-one of this article; (b) one hundred of such charters 23 shall be issued on the recommendation of the other charter entities set 24 forth in subdivision three of section twenty-eight hundred fifty-one of 25 this article; (c) up to fifty of the additional charters authorized to 26 be issued by the chapter of the laws of two thousand seven which amended 27 this subdivision effective July first, two thousand seven shall be 28 reserved for a city school district of a city having a population of one 29 million or more; (d) one hundred thirty charters shall be issued by the 30 board of regents pursuant to a competitive process in accordance with 31 subdivision nine-a of this section, provided that no more than fifty- 32 seven of such charters shall be granted to a charter for a school to be 33 located in a city having a population of one million or more; (e) one 34 hundred thirty charters shall be issued by the board of regents on the 35 recommendation of the board of trustees of the state university of New 36 York pursuant to a competitive process in accordance with subdivision 37 nine-a of this section, provided that no more than fifty-seven of such 38 charters shall be granted to a charter for a school to be located in a 39 city having a population of one million or more] ALL CHARTERS ISSUED ON 40 OR AFTER FEBRUARY FIRST, TWO THOUSAND FIFTEEN AND COUNTED TOWARD THE 41 NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION SHALL BE ISSUED BY THE 42 BOARD OF REGENTS UPON APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON 43 THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF 44 NEW YORK PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVI- 45 SION NINE-A OF THIS SECTION. The failure of any body to issue the regu- 46 lations authorized pursuant to this article shall not affect the author- 47 ity of a charter entity to propose a charter to the board of regents or 48 the board of regents' authority to grant such charter. A conversion of 49 an existing public school to a charter school or the renewal or exten- 50 sion of a charter APPROVED BY ANY CHARTER ENTITY shall not be counted 51 toward the numerical limits established by this subdivision. 52 (B) A CHARTER SCHOOL WHOSE CHARTER HAS BEEN SURRENDERED, REVOKED OR 53 TERMINATED, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY ACTION OF 54 ITS CHARTER ENTITY, SHALL NOT BE COUNTED TOWARD THE NUMERICAL LIMITS 55 ESTABLISHED BY THIS SUBDIVISION AND INSTEAD SHALL BE RETURNED TO THE 56 STATEWIDE POOL AND MAY BE REISSUED BY THE BOARD OF REGENTS EITHER UPON S. 6009 39 1 APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF 2 THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO A 3 COMPETITIVE PROCESS IN ACCORDANCE WITH SUBDIVISION NINE-A OF THIS 4 SECTION. 5 (C) FOR PURPOSES OF DETERMINING THE TOTAL NUMBER OF CHARTERS ISSUED 6 WITHIN THE NUMERICAL LIMITS ESTABLISHED BY THIS SUBDIVISION, THE 7 APPROVAL DATE OF THE CHARTERING ENTITY SHALL BE THE DETERMINING FACTOR. 8 9-a. (a) The board of regents is hereby authorized and directed to 9 issue [two] UP TO FOUR hundred sixty charters UPON EITHER APPLICATIONS 10 SUBMITTED DIRECTLY TO THE BOARD OF REGENTS OR APPLICATIONS RECOMMENDED 11 BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursuant to 12 a competitive request for proposals process. 13 [(i) Commencing on August first, two thousand ten through September 14 first, two thousand thirteen, the board of regents and the board of 15 trustees of the state university of New York shall each issue a request 16 for proposals in accordance with this subdivision and this subparagraph: 17 (1) Each request for proposals to be issued by the board of regents 18 and the board of trustees of the state university of New York on August 19 first, two thousand ten shall be for a maximum of thirty-two charters to 20 be issued for charter schools which would commence instructional opera- 21 tion by the September of the next calendar year. 22 (2) Each request for proposals to be issued by the board of regents 23 and the board of trustees of the state university of New York on January 24 first, two thousand eleven shall be for a maximum of thirty-three char- 25 ters to be issued for charter schools which would commence instructional 26 operation by the September of the next calendar year. 27 (3) Each request for proposals to be issued by the board of regents 28 and the board of trustees of the state university of New York on January 29 first, two thousand twelve shall be for a maximum of thirty-two charters 30 to be issued for charter schools which would commence instructional 31 operation by the September of the next calendar year. 32 (4) Each request for proposals to be issued by the board of regents 33 and the board of trustees of the state university of New York on Septem- 34 ber first, two thousand thirteen shall be for a maximum of thirty-three 35 charters to be issued for charter schools which would commence instruc- 36 tional operation by the September of the next calendar year. 37 (ii) If after September first, two thousand thirteen, either the board 38 of regents or the board of trustees of the state university of New York 39 have any charters which have not yet been issued, they may be issued 40 pursuant to requests for proposals issued in each succeeding year, with- 41 out limitation as to when such requests for proposals may be issued, or 42 a limitation on the number of charters which may be issued. 43 (iii) Notwithstanding the provisions of clauses one, two, three and 44 four of subparagraph (i) of this paragraph and subparagraph (ii) of this 45 paragraph, if fewer charters are issued than were requested in such 46 request for proposals, the difference may be added to the number of 47 charters requested in the request for proposals issued in each succeed- 48 ing year. 49 (iv)] The board of regents shall make a determination to issue a char- 50 ter pursuant to a request for proposals no later than December thirty- 51 first of each year. 52 (b) The board of regents and the board of trustees of the state 53 university of New York shall each develop such request for proposals in 54 a manner that facilitates a thoughtful review of charter school applica- 55 tions, considers the demand for charter schools by the community, and 56 seeks to locate charter schools in a region or regions where there may S. 6009 40 1 be a lack of alternatives and access to charter schools would provide 2 new alternatives within the local public education system that would 3 offer the greatest educational benefit to students. Applications shall 4 be evaluated in accordance with the criteria and objectives contained 5 within a request for proposals. The board of regents and the board of 6 trustees of the state university of New York shall not consider any 7 applications which do not rigorously demonstrate that they have met the 8 following criteria: 9 (i) that the proposed charter school would meet or exceed enrollment 10 and retention targets, as prescribed by the board of regents or the 11 board of trustees of the state university of New York, as applicable, of 12 students with disabilities, English language learners, and students who 13 are eligible applicants for the free and reduced price lunch program. 14 When developing such targets, the board of regents and the board of 15 trustees of the state university of New York, shall ensure (1) that such 16 enrollment targets are comparable to the enrollment figures of such 17 categories of students attending the public schools within the school 18 district, or in a city school district in a city having a population of 19 one million or more inhabitants, the community school district, in which 20 the proposed charter school would be located; and (2) that such 21 retention targets are comparable to the rate of retention of such cate- 22 gories of students attending the public schools within the school 23 district, or in a city school district in a city having a population of 24 one million or more inhabitants, the community school district, in which 25 the proposed charter school would be located; and 26 (ii) that the applicant has conducted public outreach, in conformity 27 with a thorough and meaningful public review process prescribed by the 28 board of regents and the board of trustees of the state university of 29 New York, to solicit community input regarding the proposed charter 30 school and to address comments received from the impacted community 31 concerning the educational and programmatic needs of students. 32 (c) The board of regents and the board of trustees of the state 33 university of New York shall grant priority based on a scoring rubric to 34 those applications that best demonstrate how they will achieve the 35 following objectives, and any additional objectives the board of regents 36 and the board of trustees of the state university of New York, may 37 prescribe: 38 (i) increasing student achievement and decreasing student achievement 39 gaps in reading/language arts and mathematics; 40 (ii) increasing high school graduation rates and focusing on serving 41 specific high school student populations including, but not limited to, 42 students at risk of not obtaining a high school diploma, re-enrolled 43 high school drop-outs, and students with academic skills below grade 44 level; 45 (iii) focusing on the academic achievement of middle school students 46 and preparing them for a successful transition to high school; 47 (iv) utilizing high-quality assessments designed to measure a 48 student's knowledge, understanding of, and ability to apply, critical 49 concepts through the use of a variety of item types and formats; 50 (v) increasing the acquisition, adoption, and use of local instruc- 51 tional improvement systems that provide teachers, principals, and admin- 52 istrators with the information and resources they need to inform and 53 improve their instructional practices, decision-making, and overall 54 effectiveness; 55 (vi) partnering with low performing public schools in the area to 56 share best educational practices and innovations; S. 6009 41 1 (vii) demonstrating the management and leadership techniques necessary 2 to overcome initial start-up problems to establish a thriving, finan- 3 cially viable charter school; 4 (viii) demonstrating the support of the school district in which the 5 proposed charter school will be located and the intent to establish an 6 ongoing relationship with such school district. 7 (d) No later than November first, two thousand ten, and of each 8 succeeding year, after a thorough review of applications received, the 9 board of trustees of the state university of New York shall recommend 10 for approval to the board of regents the qualified applications that it 11 has determined rigorously demonstrate the criteria and best satisfy the 12 objectives contained within a request for proposals, along with support- 13 ing documentation outlining such determination. 14 (e) Upon receipt of a proposed charter to be issued pursuant to this 15 subdivision submitted by a charter entity, the board of regents or the 16 board of trustees of the state university of New York, shall review, 17 recommend and issue, as applicable, such charters in accordance with the 18 standards established in this subdivision. 19 (f) The board of regents shall be the only entity authorized to issue 20 a charter pursuant to this article. The board of regents shall consider 21 applications submitted directly to the board of regents and applications 22 recommended by the board of trustees of the state university of New 23 York. Provided, however, that all such recommended applications shall be 24 deemed approved and issued pursuant to the provisions of subdivisions 25 five, five-a and five-b of this section. 26 (g) Each application submitted in response to a request for proposals 27 pursuant to this subdivision shall also meet the application require- 28 ments set out in this article and any other applicable laws, rules and 29 regulations. 30 (h) During the development of a request for proposals pursuant to this 31 subdivision the board of regents and the board of trustees of the state 32 university of New York shall each afford the public an opportunity to 33 submit comments and shall review and consider the comments raised by all 34 interested parties. 35 S 5. Section 2590-q of the education law is amended by adding a new 36 subdivision 19 to read as follows: 37 19. WITH RESPECT TO SPECIAL, FEDERAL, STATE, AND PRIVATE FUNDS, THE 38 CHANCELLOR SHALL REPORT THE DISTRIBUTION OF SUCH FUNDS BY INDIVIDUAL 39 SCHOOL, AND ON A PER PUPIL BASIS FOR EACH INDIVIDUAL SCHOOL TO THE 40 GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, 41 AND SPEAKER OF THE CITY COUNCIL ON OR BEFORE MAY FIRST OF EACH YEAR. 42 S 6. The opening paragraph of section 2590-r of the education law, as 43 amended by chapter 345 of the laws of 2009, is amended to read as 44 follows: 45 The chancellor shall, in consultation with the city board and communi- 46 ty district superintendents, establish in regulations a comprehensive 47 process of school-based budgeting and expenditure reporting no later 48 than November first, nineteen hundred ninety-eight. ANY REPORT PREPARED 49 IN ACCORDANCE WITH THIS SECTION SHALL BE PUBLICLY AVAILABLE ON THE 50 WEBSITE OF THE NEW YORK CITY DEPARTMENT OF EDUCATION. Notwithstanding 51 any provision of section twenty-five hundred ninety-q of this article to 52 the contrary, such regulations shall include provisions for: 53 S 7. Section 2590-g of the education law is amended by adding a new 54 subdivision 12-a to read as follows: 55 12-A. PROVIDE INFORMATION, DATA, ESTIMATES AND STATISTICS REGARDING 56 ALL MATTERS RELATING TO THE CITY DISTRICT, AS REQUESTED BY MEMBERS AND S. 6009 42 1 OFFICERS OF THE SENATE, ASSEMBLY, AND GOVERNOR'S OFFICE, IN A TIMELY 2 FASHION. SUCH INFORMATION SHALL BE MAINTAINED AND UPDATED IN A TIMELY 3 FASHION AND SHALL AT A MINIMUM INCLUDE DATA RELATING TO: (A) NEW YORK 4 CITY DEPARTMENT OF EDUCATION SCHOOL CHARACTERISTICS INCLUDING GRADES 5 SERVED, NUMBER OF TEACHERS, STUDENT ENROLLMENT, SCHOOL TYPE, SCHOOL 6 CHARACTERISTICS, QUALITY REVIEW SCORES, GRADUATION RATES AND AVERAGE 7 CLASS SIZE; (B) NEW YORK CITY DEPARTMENT OF EDUCATION PRINCIPAL CHARAC- 8 TERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION LEVEL, YEARS OF 9 EXPERIENCE AND TENURE STATUS; (C) NEW YORK CITY DEPARTMENT OF EDUCATION 10 TEACHER CHARACTERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION 11 LEVEL, YEARS OF TEACHING EXPERIENCE, TENURE STATUS, SUBJECT AREA TAUGHT, 12 NUMBER OF STUDENTS TAUGHT, NUMBER OF CLASSES TAUGHT PER DAY AND ATTRI- 13 TION RATE; (D) NEW YORK CITY DEPARTMENT OF EDUCATION STUDENT CHARACTER- 14 ISTICS INCLUDING GRADE LEVEL, SCHOOL ATTENDANCE, AND OTHER DEMOGRAPHICS; 15 (E) GIFTED AND TALENTED PROGRAMS APPLICATION DATA INCLUDING ADMISSION 16 DECISIONS, STUDENT DEMOGRAPHICS AND STUDENT TEST SCORES; (F) PRE-KINDER- 17 GARTEN PROGRAMS INCLUDING PROGRAM LOCATIONS, CAPACITY, STUDENT ENROLL- 18 MENT, NUMBER OF TEACHERS, TEACHER CHARACTERISTICS, STUDENT ATTENDANCE, 19 STUDENT DEMOGRAPHICS AND EFFECTIVENESS DATA; (G) FUNDING FOR NEW YORK 20 CITY DEPARTMENT OF EDUCATION SCHOOLS INCLUDING DEPARTMENT FUNDING BY 21 DOLLARS, EXPENDITURES BY CATEGORY AND EXTERNAL FUNDING IN DOLLARS; (H) 22 FUNDING FOR NEW YORK CITY DEPARTMENT OF EDUCATION PROGRAMS INCLUDING 23 DEPARTMENT FUNDING IN DOLLARS, AND EXTERNAL FUNDING IN DOLLARS; AND (I) 24 GENERAL NEW YORK CITY DEPARTMENT OF EDUCATION BUDGET. PROVIDED, HOWEVER, 25 THAT ALL INQUIRIES MADE IN ACCORDANCE WITH THIS SUBDIVISION SHALL COMPLY 26 WITH APPLICABLE STATE AND FEDERAL PRIVACY LAWS. 27 S 8. Paragraph (b) of subdivision 2 of section 2854 of the education 28 law, as amended by chapter 101 of the laws of 2010, is amended and a new 29 paragraph (b-1) is added to read as follows: 30 (b) Any child who is qualified under the laws of this state for admis- 31 sion to a public school is qualified for admission to a charter school. 32 Applications for admission to a charter school shall be submitted on a 33 uniform application form created by the department and shall be made 34 available by a charter school in languages predominately spoken in the 35 community in which such charter school is located. The school shall 36 enroll each eligible student who submits a timely application by the 37 first day of April each year, unless the number of applications exceeds 38 the capacity of the grade level or building. In such cases, students 39 shall be accepted from among applicants by a random selection process, 40 provided, however, that an enrollment preference shall be provided to 41 pupils returning to the charter school in the second or any subsequent 42 year of operation and pupils residing in the school district in which 43 the charter school is located, and siblings of pupils already enrolled 44 in the charter school. 45 (B-1) THE SCHOOL MAY OFFER AN ENROLLMENT PREFERENCE TO PUPILS WHO ARE 46 THE CHILDREN OF EMPLOYEES OF THE CHARTER SCHOOL, THE EDUCATION CORPO- 47 RATION, OR THE CHARTER MANAGEMENT ORGANIZATION FOR SUCH CHARTER SCHOOL; 48 PROVIDED THAT ANY ENROLLMENT PREFERENCES OFFERED PURSUANT TO THIS PARA- 49 GRAPH SHALL NOT TOGETHER EXCEED TWENTY PERCENT OF NEWLY ADMITTED 50 STUDENTS IN THE APPLICABLE SCHOOL YEAR. 51 (B-2) The commissioner shall establish regulations to require that the 52 random selection process conducted pursuant to this paragraph be 53 performed in a transparent and equitable manner and to require that the 54 time and place of the random selection process be publicized in a manner 55 consistent with the requirements of section one hundred four of the 56 public officers law and be open to the public. For the purposes of this S. 6009 43 1 paragraph and paragraph (a) of this subdivision, the school district in 2 which the charter school is located shall mean, for the city school 3 district of the city of New York, the community district in which the 4 charter school is located. 5 S 9. Paragraph (a-1) of subdivision 3 of section 2854 of the education 6 law, as added by chapter 4 of the laws of 1998, is amended to read as 7 follows: 8 (a-1) The board of trustees of a charter school shall employ and 9 contract with necessary teachers, administrators and other school 10 personnel. Such teachers shall be certified in accordance with the 11 requirements applicable to other public schools; provided, however, that 12 a charter school may employ as teachers (i) uncertified teachers with at 13 least three years of elementary, middle or secondary classroom teaching 14 experience; (ii) tenured or tenure track college faculty; (iii) individ- 15 uals with two years of satisfactory experience through the Teach for 16 America program; and (iv) individuals who possess exceptional business, 17 professional, artistic, athletic, or military experience, provided, 18 however, that such teachers described in clauses (i), (ii), (iii), and 19 (iv) of this paragraph shall not in total comprise more than thirty per 20 centum of the teaching staff of a charter school, or five teachers, 21 whichever is [less] GREATER. A teacher certified or otherwise approved 22 by the commissioner shall not be included in the numerical limits estab- 23 lished by the preceding sentence. 24 S 10. Pursuant to a schedule to be developed by the director of the 25 budget, the mayor of the city of New York shall submit an education 26 budget plan, including the overall education funding amount and funding 27 distribution policy, in a form to be developed by the director of the 28 budget, demonstrating how the mayor's proposed education budget will 29 target resources at schools serving students with higher needs to 30 improve student achievement city-wide. Such education budget plan must 31 be approved by the director of the budget, the temporary president of 32 the senate, and the speaker of the assembly prior to the mayor's 33 submission of a proposed executive budget to the New York city council. 34 The final adopted budget, as well as any subsequent modifications, shall 35 be consistent with the approved education budget plan unless any changes 36 are approved by the director of the budget, the temporary president of 37 the senate, and the speaker of the assembly. 38 S 11. This act shall take effect immediately; provided that: 39 1. The amendments to section 2590-q of the education law made by 40 section five of this act shall be deemed to have been in full force and 41 effect on and after January 1, 2012, and shall not affect the expiration 42 of such section and shall expire therewith; 43 2. The amendments to section 2590-r of the education law made by 44 section six of this act shall be deemed to have been in full force and 45 effect on and after January 1, 2012, and shall not affect the expiration 46 of such section and shall expire therewith; 47 3. The amendments to section 2590-g of the education law made by 48 section seven of this act shall be deemed to have been in full force and 49 effect on and after January 1, 2012, and shall not affect the expiration 50 of such section and shall expire therewith. 51 PART D 52 Section 1. Section 1 of subpart E of part EE of chapter 56 of the laws 53 of 2015, amending the education law relating to annual performance S. 6009 44 1 reviews of classroom teachers and building principals, is amended to 2 read as follows: 3 Section 1. Authority of the commissioner. Notwithstanding any 4 provisions of section 3012-c of the education law to the contrary, the 5 commissioner of the state education department, is hereby authorized and 6 directed to, subject to the provisions of section 207 of the education 7 law, adopt regulations of the commissioner and guidelines no later than 8 June 30, 2015 AND SHALL THEREAFTER PUBLISH SUCH REGULATIONS FOR A 9 COMMENT PERIOD OF FORTY-FIVE DAYS AFTER WHICH SUCH REGULATIONS MAY BE 10 AMENDED; to implement a statewide annual teacher and principal evalu- 11 ation system in New York state pursuant to section 3012-d of the educa- 12 tion law, as added by this act, after consulting with experts and prac- 13 titioners in the fields of education, economics and psychometrics and 14 taking into consideration the parameters set forth in the letter from 15 the Chancellor of the Board of Regents and acting commissioner dated 16 December 31, 2014, to the New York State Director of State Operations. 17 The commissioner shall also establish a process to accept public 18 comments and recommendations regarding the adoption of regulations 19 pursuant to section 3012-d of the education law and consult in writing 20 with the Secretary of the United States Department of Education on 21 weights, measures and ranking of evaluation categories and subcomponents 22 and shall release the response from the Secretary upon receipt thereof 23 but in any event prior to publication of the regulations hereunder. 24 S 2. Subdivision 11 of section 3012-d of the education law, as added 25 by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, 26 is amended and a new subdivision 11-a is added to read as follows: 27 11. Notwithstanding any inconsistent provision of law, no school 28 district shall be eligible for an apportionment of general support for 29 public schools from the funds appropriated for the 2015--2016 school 30 year and any year thereafter in excess of the amount apportioned to such 31 school district in the respective base year unless such school district 32 has submitted documentation that has been approved by the commissioner 33 by [November fifteenth] FEBRUARY FIFTEENTH, two thousand [fifteen] 34 SIXTEEN, or by September first of each subsequent year, demonstrating 35 that it has fully implemented the standards and procedures for conduct- 36 ing annual teacher and principal evaluations of teachers and principals 37 in accordance with the requirements of this section and the regulations 38 issued by the commissioner. Provided further that any apportionment 39 withheld pursuant to this section shall not occur prior to April first 40 of the current year and shall not have any effect on the base year 41 calculation for use in the subsequent school year. For purposes of this 42 section, "base year" shall mean the base year as defined in paragraph b 43 of subdivision one of section thirty-six hundred two of this chapter, 44 and "current year" shall mean the current year as defined in paragraph a 45 of subdivision one of section thirty-six hundred two of this chapter. 46 11-A. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO 47 PROVIDE A WAIVER FROM FULLY IMPLEMENTING THE STANDARDS AND PROCEDURES 48 FOR CONDUCTING ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF TEACHERS AND 49 PRINCIPALS IN ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION AND THE 50 REGULATIONS BY THE COMMISSIONER BY FEBRUARY FIFTEENTH, TWO THOUSAND 51 SIXTEEN, BASED ON HARDSHIP. 52 S 3. Section 305 of the education law is amended by adding a new 53 subdivision 51-a to read as follows: 54 51-A. ON OR BEFORE JUNE FIRST, TWO THOUSAND FIFTEEN, AND EACH YEAR 55 THEREAFTER, THE COMMISSIONER SHALL RELEASE THE TEST QUESTIONS AND CORRE- 56 SPONDING CORRECT ANSWERS FROM EACH OF THE MOST RECENTLY ADMINISTERED S. 6009 45 1 ENGLISH LANGUAGE ARTS AND MATHEMATICS EXAMINATIONS IN GRADES THREE 2 THROUGH EIGHT OF THAT YEAR. THE NUMBER OF QUESTIONS AND ANSWERS RELEASED 3 SHALL NOT BE SO SIGNIFICANT AS TO HINDER OR IMPAIR THE VALIDITY AND/OR 4 RELIABILITY OF FUTURE EXAMINATIONS BUT SHALL PROVIDE ENOUGH OF AN OVER- 5 VIEW OF EACH EXAMINATION SO THAT TEACHERS, ADMINISTRATORS, PRINCIPALS, 6 PARENTS AND STUDENTS CAN BE PROVIDED WITH SUFFICIENT FEEDBACK ON THE 7 TYPES OF QUESTIONS ADMINISTERED AND BY JULY FIRST, TWO THOUSAND FIFTEEN, 8 AND EACH YEAR THEREAFTER, THE COMMISSIONER SHALL RELEASE THE GENERAL 9 STUDENT SUCCESS RATE IN ANSWERING SUCH QUESTIONS CORRECTLY. 10 S 4. The sum of eight million four hundred thousand dollars 11 ($8,400,000), or so much thereof as may be necessary, is hereby appro- 12 priated to the department of education out of any moneys in the state 13 treasury in the general fund to the credit of the state purposes 14 account, not otherwise appropriated, and made immediately available, for 15 the purpose of carrying out the provisions of subdivision 51-a of 16 section 305 of the education law, as added by section three of this act, 17 and in order to create and print more forms of state standardized 18 assessments in order to eliminate stand-alone multiple choice field 19 tests and release a significant amount of test questions. Such moneys 20 shall be payable on the audit and warrant of the comptroller on vouchers 21 certified or approved by the commissioner of education in the manner 22 prescribed by law. 23 S 5. Subparagraph 1 of paragraph a of subdivision 4 of section 3012-d 24 of the education law, as added by section 2 of subpart E of part EE of 25 chapter 56 of the laws of 2015, is amended to read as follows: 26 (1) For the first subcomponent, (A) for a teacher whose course ends in 27 a state-created or administered test for which there is a state-provided 28 growth model, such teacher shall have a state-provided growth score 29 based on such model, WHICH SHALL TAKE INTO CONSIDERATION CERTAIN STUDENT 30 CHARACTERISTICS, AS DETERMINED BY THE COMMISSIONER, INCLUDING BUT NOT 31 LIMITED TO STUDENTS WITH DISABILITIES, POVERTY, ENGLISH LANGUAGE LEARNER 32 STATUS, PRIOR ACADEMIC HISTORY AND WHICH SHALL IDENTIFY EDUCATORS WHOSE 33 STUDENT'S GROWTH IS WELL ABOVE OR WELL BELOW AVERAGE COMPARED TO SIMILAR 34 STUDENTS FOR A TEACHER'S OR PRINCIPAL'S STUDENTS AFTER THE CERTAIN 35 STUDENT CHARACTERISTICS LISTED ABOVE ARE TAKEN INTO ACCOUNT; and (B) for 36 a teacher whose course does not end in a state-created or administered 37 test such teacher shall have a student learning objective (SLO) consist- 38 ent with a goal-setting process determined or developed by the commis- 39 sioner, that results in a student growth score; provided that, for any 40 teacher whose course ends in a state-created or administered assessment 41 for which there is no state-provided growth model, such assessment must 42 be used as the underlying assessment for such SLO; 43 S 6. Section 305 of the education law is amended by adding two new 44 subdivisions 53 and 54 to read as follows: 45 53. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO ESTABLISH A CONTENT 46 REVIEW COMMITTEE FOR THE PURPOSES OF REVIEWING ALL STANDARDIZED TEST 47 ITEMS AND/OR SELECTED PASSAGES USED ON ENGLISH LANGUAGE ARTS AND MATH- 48 EMATICS STATE ASSESSMENTS FOR GRADES THREE THROUGH EIGHT TO ENSURE: (A) 49 THEY ARE GRADE LEVEL APPROPRIATE, IN GENERAL; (B) THEY ARE PRESENTED AT 50 A READABILITY LEVEL THAT IS GRADE LEVEL APPROPRIATE; (C) THEY ARE WITHIN 51 GRADE LEVEL EXPECTATION; AND (D) THEY APPROPRIATELY MEASURE THE LEARNING 52 STANDARDS APPROVED BY THE BOARD OF REGENTS APPLICABLE TO SUCH SUBJECT 53 AND/OR GRADE LEVEL. THE REVIEW OF SUCH ITEMS AND PASSAGES SHALL BE 54 CONDUCTED PRIOR TO THEIR USE IN SUCH ASSESSMENTS PROVIDED HOWEVER, FOR 55 THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR ONLY, IF SUCH 56 REQUIREMENT WOULD PREVENT THE ABILITY OF SUCH ASSESSMENTS TO BE ADMINIS- S. 6009 46 1 TERED, THEN ITEMS OR PASSAGES THAT HAVE NOT BEEN REVIEWED MAY BE USED. 2 PROVIDED FURTHER, THE CONTENT REVIEW COMMITTEE SHALL REVIEW ANY NEW 3 STANDARDIZED TEST ITEMS AND/OR SELECTED PASSAGES PRIOR TO THEIR USE IN 4 STATE ASSESSMENTS. SUCH COMMITTEE SHALL ALSO ENSURE THAT ANY NEW TEST 5 ITEMS AND/OR SELECTED PASSAGES ARE FAIR AND APPROPRIATELY MEASURE THE 6 LEARNING STANDARDS APPROVED BY THE BOARD OF REGENTS APPLICABLE TO SUCH 7 SUBJECT AND/OR GRADE LEVEL. SUCH COMMITTEE SHALL ALSO ENSURE THAT 8 ADEQUATE AND APPROPRIATE TIME IS GIVEN TO STUDENTS FOR THE ADMINIS- 9 TRATION OF SUCH ASSESSMENTS, PROVIDED HOWEVER THAT SUBDIVISION 10 FORTY-NINE OF THIS SECTION MUST BE COMPLIED WITH. THE CONTENT REVIEW 11 COMMITTEE SHALL INCLUDE CLASSROOM TEACHERS AND EXPERIENCED EDUCATORS IN 12 THE CONTENT AREA AND/OR GRADE LEVEL OF THE ITEMS/PASSAGES BEING 13 REVIEWED, INCLUDING TEACHERS OF STUDENTS WITH DISABILITIES AND ENGLISH 14 LANGUAGE LEARNERS. 15 54. A. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, NO 16 TEACHER, PRINCIPAL, OR SUPERINTENDENT SHALL BE REQUIRED TO SIGN A CONFI- 17 DENTIALITY AGREEMENT WITH THEIR RESPECTIVE SCHOOL DISTRICT, BOARD OF 18 COOPERATIVE EDUCATIONAL SERVICES, OR THE DEPARTMENT THAT PREVENTS SUCH 19 TEACHER, PRINCIPAL, OR SUPERINTENDENT FROM DISCUSSING THE CONTENTS OF 20 ANY ENGLISH LANGUAGE ARTS AND MATHEMATICS ASSESSMENTS IN GRADES THREE 21 THROUGH EIGHT. 22 B. THE COMMISSIONER SHALL AMEND AND/OR MODIFY ANY CURRENT CONFIDEN- 23 TIALITY AGREEMENT TO REMOVE ANY PROVISIONS THAT PREVENT TEACHERS, PRIN- 24 CIPALS, OR SUPERINTENDENTS FROM DISCUSSING THE CONTENTS OF ANY ENGLISH 25 LANGUAGE ARTS AND MATHEMATICS ASSESSMENTS IN GRADES THREE THROUGH EIGHT. 26 S 7. Notwithstanding any other provision of law, rule or regulation to 27 the contrary, any previously entered into contract shall be amended to 28 incorporate the provisions of section six of this act and any required 29 approval of such contract amendments by a state agency shall be expe- 30 dited to ensure compliance with section six of this act. 31 S 8. The commissioner of education shall conduct a comprehensive 32 review of the education standards administered by the state education 33 department and seek input from education stakeholders when conducting 34 such review. The review shall examine aspects of the learning standards 35 adopted by the board of regents in 2011 including but not limited to: 36 whether curriculum materials and modules are aligned to standards and 37 fully available to school districts, age and grade appropriateness of 38 such standards, and current progress of the implementation of such stan- 39 dards. The review shall also contain recommendations on how to modify 40 the standards if deemed necessary and appropriate provided such recom- 41 mended modifications shall be in accordance with federal requirements. 42 This review shall be completed on or before June 30, 2016. Upon 43 completion of the review the board of regents shall consider the find- 44 ings of the review and vote to accept or reject any recommendations made 45 by the commissioner within 60 days. 46 S 9. This act shall take effect immediately; provided, however, that 47 nothing in this act shall prevent or impair the commissioner of educa- 48 tion from complying with the provisions of section three of this act 49 prior to its effective date and provided further that, if this act takes 50 effect after June 1, 2015, the commissioner of education shall have 51 thirty days from such effective date to comply with the provisions of 52 section three of this act; and provided further that section six of this 53 act shall take effect December 1, 2015. 54 PART E S. 6009 47 1 Section 1. Section 13 of part A of chapter 97 of the laws of 2011, 2 amending the general municipal law and the education law relating to 3 establishing limits upon school district and local government tax 4 levies, is amended to read as follows: 5 S 13. This act shall take effect immediately; provided, however, that 6 sections two through eleven of this act shall take effect July 1, 2011 7 and shall first apply to school district budgets and the budget adoption 8 process for the 2012-13 school year; and shall continue to apply to 9 school district budgets and the budget adoption process for any school 10 year beginning in any calendar year during which this act is in effect; 11 provided further, that if section 26 of part A of chapter 58 of the laws 12 of 2011 shall not have taken effect on or before such date then section 13 ten of this act shall take effect on the same date and in the same 14 manner as such chapter of the laws of 2011, takes effect; provided 15 further, that section one of this act shall first apply to the levy of 16 taxes by local governments for the fiscal year that begins in 2012 and 17 shall continue to apply to the levy of taxes by local governments for 18 any fiscal year beginning in any calendar year during which this act is 19 in effect[; provided, further, that this act shall remain in full force 20 and effect at a minimum until and including June 15, 2016 and shall 21 remain in effect thereafter only so long as the public emergency requir- 22 ing the regulation and control of residential rents and evictions and 23 all such laws providing for such regulation and control continue as 24 provided in subdivision 3 of section 1 of the local emergency rent 25 control act, sections 26-501, 26-502 and 26-520 of the administrative 26 code of the city of New York, section 17 of chapter 576 of the laws of 27 1974 and subdivision 2 of section 1 of chapter 274 of the laws of 1946 28 constituting the emergency housing rent control law, and section 10 of 29 chapter 555 of the laws of 1982, amending the general business law and 30 the administrative code of the city of New York relating to conversions 31 of residential property to cooperative or condominium ownership in the 32 city of New York as such laws are continued by chapter 93 of the laws of 33 2011 and as such sections are amended from time to time]. 34 S 2. This act shall take effect immediately. 35 PART F 36 Section 1. The real property tax law is amended by adding a new 37 section 1306-b to read as follows: 38 S 1306-B. NEW YORK PROPERTY TAX RELIEF CHECK PROGRAM. 1. TAX REBATES. 39 (A) FOR BASIC AND ENHANCED REBATES BEGINNING IN THE TWO THOUSAND 40 FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND EACH YEAR THEREAFTER IF A 41 PARCEL IS ENTITLED TO THE BASIC OR ENHANCED STAR EXEMPTION AUTHORIZED BY 42 SECTION FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER, A LOCAL PROPERTY TAX 43 REBATE SHALL BE PROVIDED TO THE OWNER OR OWNERS OF SUCH PARCEL AS SHOWN 44 ON THE FINAL ASSESSMENT ROLL FOR SUCH YEAR, IN AN AMOUNT COMPUTED AS 45 PRESCRIBED BY THIS SECTION AND SECTION ONE HUNDRED SEVENTY-EIGHT OF THE 46 TAX LAW. 47 (B) NO TAX REBATE SHALL BE PROVIDED TO AN OWNER OR OWNERS PURSUANT TO 48 PARAGRAPH A OF THIS SUBDIVISION IF THE AMOUNT OF SUCH REBATE IS LESS 49 THAN OR EQUAL TO A CREDIT AUTHORIZED TO BE PROVIDED TO A TAX PAYER OF AN 50 INDEPENDENT OR DEPENDENT SCHOOL DISTRICT PURSUANT TO SUBSECTION (BBB) OF 51 SECTION SIX HUNDRED SIX OF THE TAX LAW OR IF SUCH CREDIT IS LESS THAN 52 TWENTY DOLLARS IN A SINGLE YEAR. 53 (C) AN INDEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO THE PROVISIONS 54 OF SECTION TWO THOUSAND TWENTY-THREE-A OF THE EDUCATION LAW MUST MEET S. 6009 48 1 THE APPLICABLE REQUIREMENTS OF SECTION TWO THOUSAND TWENTY-THREE-B OF 2 THE EDUCATION LAW FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 3 SCHOOL YEAR TO RENDER ITS PROPERTY OWNERS ELIGIBLE FOR THE NEW YORK 4 PROPERTY TAX RELIEF CHECK PROGRAM PURSUANT TO THIS SECTION. FOR ALL 5 SCHOOL YEARS THEREAFTER, IN ORDER FOR AN INDEPENDENT SCHOOL DISTRICT TO 6 QUALIFY ITS PROPERTY OWNERS TO RECEIVE A REBATE PURSUANT TO THIS 7 SECTION, THE BUDGET SO ADOPTED SHALL NOT EXCEED THE TAX LEVY LIMIT 8 PRESCRIBED BY SECTION TWO THOUSAND TWENTY-THREE-A OF THE EDUCATION LAW. 9 (D) A CITY WITH A DEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO THE 10 PROVISIONS OF SECTION THREE-C OF THE GENERAL MUNICIPAL LAW AND ITS 11 DEPENDENT SCHOOL DISTRICT MUST JOINTLY COMPLY WITH THE REQUIREMENTS OF 12 SUBDIVISION TWO, AND EITHER SUBDIVISION THREE OR FOUR OF SECTION THREE-D 13 OF THE GENERAL MUNICIPAL LAW IN ORDER TO RENDER ITS PROPERTY OWNERS 14 ELIGIBLE FOR THE NEW YORK PROPERTY TAX RELIEF CHECK PROGRAM FOR A CITY 15 FISCAL YEAR BEGINNING IN TWO THOUSAND FIFTEEN PURSUANT TO THIS SECTION. 16 FOR ALL FISCAL YEARS THEREAFTER WHERE A REBATE WOULD BE AUTHORIZED, A 17 CITY WITH A DEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO THE PROVISIONS 18 OF SECTION THREE-C OR THREE-E OF THE GENERAL MUNICIPAL LAW MUST ADOPT A 19 BUDGET THAT DOES NOT EXCEED THE TAX LEVY LIMIT PRESCRIBED BY SUCH 20 SECTION IN ORDER TO RENDER ITS PROPERTY OWNERS ELIGIBLE FOR THE NEW YORK 21 PROPERTY TAX RELIEF CHECK PROGRAM. 22 (E) IT SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT TO ISSUE SUCH TAX 23 REBATES TO SUCH OWNER OR OWNERS IN THE MANNER PROVIDED BY SECTION ONE 24 HUNDRED SEVENTY-EIGHT OF THE TAX LAW. NOTHING CONTAINED HEREIN SHALL BE 25 CONSTRUED AS PERMITTING PARTIAL OR INSTALLMENT PAYMENTS OF TAXES IN A 26 JURISDICTION WHICH HAS NOT AUTHORIZED THE SAME PURSUANT TO LAW. TO THE 27 EXTENT PRACTICABLE REBATES MADE TO AN OWNER OR OWNERS PURSUANT TO THIS 28 SECTION AND CREDITS PROVIDED TO THE SAME PURSUANT TO SUBSECTION (BBB) OF 29 SECTION SIX HUNDRED SIX OF THE TAX LAW SHALL BE DISBURSED IN COMBINA- 30 TION. 31 2. PROCEDURE. (A) ON OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND FIFTEEN 32 AND EACH YEAR THEREAFTER, THE COMMISSIONER, OR HIS OR HER DESIGNEE, 33 SHALL CREATE A REPORT, IF SUCH REPORT IS DEEMED NECESSARY BY THE COMMIS- 34 SIONER TO ESTABLISH ELIGIBILITY OF AN OWNER OR OWNERS TO A REBATE UNDER 35 THIS SECTION, CONCERNING THOSE PARCELS WHICH HAVE BEEN GRANTED AN EXCEP- 36 TION AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER, OR 37 ON OR BEFORE JULY FIRST, TWO THOUSAND FIFTEEN AND EACH YEAR THEREAFTER, 38 IN THE CASE OF A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE 39 COMMISSIONER OF FINANCE, OR HIS OR HER DESIGNEE, SHALL PROVIDE TO THE 40 COMMISSIONER OF TAXATION AND FINANCE A REPORT IN A MUTUALLY AGREEABLE 41 FORMAT CONCERNING THOSE PARCELS WHICH HAVE BEEN GRANTED AN EXEMPTION 42 AUTHORIZED BY SECTION FOUR HUNDRED TWENTY-FIVE OF THIS CHAPTER ON THE 43 ASSESSMENT ROLLS USED TO GENERATE THE SCHOOL TAX BILLS FOR THE TWO THOU- 44 SAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL TAX YEAR AND FOR EACH YEAR 45 THEREAFTER; PROVIDED HOWEVER THE INFORMATION TO BE PROVIDED ON SUCH 46 REPORT SHALL BE OBTAINED FROM THE FINAL ASSESSMENT ROLL DATA FILES USED 47 TO GENERATE THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL TAX 48 BILLS AND EACH YEAR THEREAFTER, FILED WITH THE DEPARTMENT PURSUANT TO 49 SECTION FIFTEEN HUNDRED NINETY OF THIS CHAPTER ON OR BEFORE JULY THIR- 50 TY-FIRST OF SUCH YEAR. SUCH REPORT SHALL SET FORTH THE NAMES AND MAILING 51 ADDRESSES OF THE OWNER OR OWNERS OF SUCH PARCELS AS SHOWN ON SUCH 52 ASSESSMENT ROLL DATA FILES, THE IDENTIFICATION NUMBERS OF SUCH PARCELS 53 AS SHOWN ON SUCH ASSESSMENT ROLL DATA FILES, AND SUCH OTHER INFORMATION 54 IN THE POSSESSION OF THE DEPARTMENT, OR IN THE CASE OF A CITY WITH A 55 POPULATION OF ONE MILLION OR MORE, THE COMMISSIONER OF FINANCE, AS THE 56 COMMISSIONER MAY DEEM NECESSARY FOR THE EFFECTIVE ADMINISTRATION OF THIS S. 6009 49 1 PROGRAM, INCLUDING INFORMATION REGARDING COOPERATIVE APARTMENT BUILDINGS 2 AND MOBILE HOME PARKS OR SIMILAR PROPERTY. IT SHALL BE THE RESPONSIBIL- 3 ITY OF THE ASSESSOR OR ASSESSORS OF EACH ASSESSING UNIT TO ENSURE THAT 4 THE NAMES AND MAILING ADDRESSES OF SUCH OWNER OR OWNERS ARE ACCURATELY 5 RECORDED ON SUCH ROLLS AND FILES TO THE BEST OF HIS OR HER ABILITY, 6 BASED UPON THE INFORMATION CONTAINED IN HIS OR HER OFFICE. NOTHING 7 CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED AS AFFECTING IN ANY WAY 8 THE VALIDITY OR ENFORCEABILITY OF A REAL PROPERTY TAX, OR THE APPLICA- 9 BILITY OF INTEREST OR PENALTIES WITH RESPECT THERETO, WHEN AN OWNER'S 10 NAME OR MAILING ADDRESS HAS NOT BEEN ACCURATELY RECORDED. 11 (B) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI- 12 SION, WHERE AN ASSESSING UNIT CONTAINS ONE OR MORE PROPERTIES WHICH ARE 13 RECEIVING SUCH EXEMPTION IN RELATION TO A PRIOR YEAR ASSESSMENT ROLL 14 PURSUANT TO PARAGRAPH (D) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED 15 TWENTY-FIVE OF THIS CHAPTER, OR CONTAINS ONE OR MORE PARCELS WITH 16 RESPECT TO WHICH SUCH EXEMPTION WAS DULY ADDED OR REMOVED AFTER THE 17 FILING OF THE FINAL ASSESSMENT ROLL PURSUANT TO THE PROVISIONS OF TITLE 18 THREE OF ARTICLE FIVE OF THIS CHAPTER, THE DEPARTMENT MAY REQUIRE THE 19 ASSESSOR TO FILE WITH IT, ON OR BEFORE JULY THIRTY-FIRST, TWO THOUSAND 20 FIFTEEN AND EACH YEAR THEREAFTER, OR SUCH LATER DATE AS SUCH OFFICE MAY 21 SPECIFY, A SUPPLEMENTAL REPORT RELATING TO SUCH PROPERTY OR PROPERTIES, 22 SO THAT INFORMATION PERTAINING TO THE OWNER OR OWNERS THEREOF MAY BE 23 INCLUDED IN THE REPORT TO BE MADE TO THE COMMISSIONER PURSUANT TO THIS 24 PARAGRAPH. WHEN ANY INFORMATION REQUIRED BY THIS PARAGRAPH IS RECEIVED 25 BY THE DEPARTMENT AFTER JULY THIRTY-FIRST, TWO THOUSAND FIFTEEN AND EACH 26 YEAR THEREAFTER, SUCH INFORMATION SHALL BE TRANSMITTED AS SOON AS 27 REASONABLY PRACTICABLE FOR USE IN ISSUING LOCAL PROPERTY TAX REBATES 28 PURSUANT TO SECTION ONE HUNDRED SEVENTY-EIGHT OF THE TAX LAW. 29 3. REBATE BASE. (A) THE DEPARTMENT SHALL CALCULATE THE REBATE BASE AS 30 PROVIDED HEREIN AND CERTIFY THE SAME NO LATER THAN JULY FIRST, TWO THOU- 31 SAND FIFTEEN. 32 (B) A REBATE GRANTED PURSUANT TO THIS SECTION: 33 (I) FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR 34 SHALL BE COMPUTED BY DETERMINING THE EXEMPT AMOUNT ESTABLISHED FOR 35 PURPOSES OF THE BASIC OR ENHANCED STAR EXEMPTION FOR SUCH SCHOOL YEAR 36 AND MULTIPLYING THAT AMOUNT BY THIRTY-SIX AND ONE-HALF PERCENT. 37 (II) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR 38 SHALL BE COMPUTED BY DETERMINING THE EXEMPT AMOUNT ESTABLISHED FOR 39 PURPOSES OF THE BASIC OR ENHANCED STAR EXEMPTION FOR SUCH SCHOOL YEAR 40 AND MULTIPLYING THAT AMOUNT BY THIRTY-SEVEN AND ONE-HALF PERCENT. 41 (III) FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL 42 YEAR SHALL BE COMPUTED BY DETERMINING THE EXEMPT AMOUNT ESTABLISHED FOR 43 PURPOSES OF THE BASIC OR ENHANCED STAR EXEMPTION FOR SUCH SCHOOL YEAR 44 AND MULTIPLYING THAT AMOUNT BY FIFTY-FIVE PERCENT. 45 (IV) FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, 46 AND EACH YEAR THEREAFTER, SHALL BE COMPUTED BY DETERMINING THE EXEMPT 47 AMOUNT ESTABLISHED FOR PURPOSES OF THE BASIC OR ENHANCED STAR EXEMPTION 48 FOR SUCH SCHOOL YEAR AND MULTIPLYING THAT AMOUNT BY FIFTY-FIVE PERCENT. 49 S 2. The tax law is amended by adding a new section 178 to read as 50 follows: 51 S 178. NEW YORK PROPERTY TAX RELIEF CHECK PROGRAM. 1. THE COMMISSION- 52 ER SHALL ISSUE THE LOCAL PROPERTY TAX REBATES AUTHORIZED BY SECTION 53 THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX LAW. FOR PURPOSES OF 54 THIS SECTION THE REBATE SHALL BE CALCULATED USING THE FORMULA SET FORTH 55 IN SUBDIVISION THREE OF SECTION THIRTEEN HUNDRED SIX-B OF THE REAL PROP- 56 ERTY TAX LAW. PROVIDED, HOWEVER, SUCH REBATES SHALL NOT BE ISSUED IN ANY S. 6009 50 1 YEAR IN WHICH AN APPROPRIATION TO PAY SUCH REBATES HAS NOT BEEN INCLUDED 2 IN THE ENACTED STATE BUDGET FOR SUCH YEAR. 3 2. ON OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND FIFTEEN AND EACH YEAR 4 THEREAFTER, THE COMMISSIONER, OR HIS OR HER DESIGNEE, SHALL CREATE A 5 REPORT, IF SUCH A REPORT IS DEEMED NECESSARY BY THE COMMISSIONER TO 6 ESTABLISH ELIGIBILITY OF A REBATE PURSUANT TO SECTION THIRTEEN HUNDRED 7 SIX-B OF THE REAL PROPERTY TAX LAW, CONCERNING THOSE PARCELS WHICH 8 SATISFY THE CRITERIA SET FORTH IN SECTION THIRTEEN HUNDRED SIX-B OF THE 9 REAL PROPERTY TAX LAW, OR ON OR BEFORE JULY FIRST, TWO THOUSAND FIFTEEN 10 AND EACH YEAR THEREAFTER IN THE CASE OF A CITY WITH A POPULATION OF ONE 11 MILLION OR MORE, THE COMMISSIONER OF FINANCE, SHALL PROVIDE TO THE 12 COMMISSIONER A REPORT IN A MUTUALLY AGREEABLE FORMAT CONCERNING THOSE 13 PARCELS WHICH SATISFY THE CRITERIA SET FORTH IN SECTION THIRTEEN HUNDRED 14 SIX-B OF THE REAL PROPERTY TAX LAW. 15 3. THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF FINANCE, 16 FOR A CITY WITH A POPULATION OF ONE MILLION OR MORE, IS AUTHORIZED TO 17 DEVELOP PROCEDURES NECESSARY TO PROVIDE FOR THE ISSUANCE OF LOCAL PROP- 18 ERTY TAX REBATES TO QUALIFYING PROPERTY OWNERS, AND THOSE QUALIFYING 19 PROPERTY OWNERS THAT DID NOT RECEIVE THEM INITIALLY. IF THE COMMISSION- 20 ER IS NOT SATISFIED THAT THE PROPERTY OWNER OR OWNERS ARE QUALIFIED FOR 21 THE LOCAL PROPERTY TAX REBATE, THE COMMISSIONER SHALL NOT ISSUE SUCH 22 REBATE. 23 4. BY DEPOSITING A REBATE ISSUED PURSUANT TO THIS SECTION AND AUTHOR- 24 IZED BY SECTION THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX LAW, THE 25 PAYEE IS CERTIFYING THAT HE OR SHE IS THE PROPERTY OWNER, AND THAT THE 26 PRIMARY RESIDENCE OF SUCH PROPERTY OWNER OR OWNERS IS NOT SUBJECT TO ANY 27 DELINQUENT SCHOOL TAXES. 28 5. CONFIDENTIAL INFORMATION; DISCLOSURE PROHIBITION. INFORMATION 29 REGARDING REBATES ISSUED TO INDIVIDUALS SHALL NOT BE SUBJECT TO DISCLO- 30 SURE; INCLUDING NAMES, ADDRESSES, AND DOLLAR AMOUNTS OF REBATES. 31 S 3. Section 606 of the tax law is amended by adding a new subsection 32 (n-1) to read as follows: 33 (N-1) SCHOOL DISTRICT PROPERTY TAX CREDIT. (1) (A) IN ANY TAXABLE 34 YEAR IN WHICH TAXPAYERS ARE NOT ELIGIBLE TO RECEIVE REBATES PURSUANT TO 35 SECTION ONE HUNDRED SEVENTY-EIGHT OF THIS CHAPTER SOLELY BECAUSE AN 36 APPROPRIATION TO PAY SUCH REBATES WAS NOT INCLUDED IN THE ENACTED STATE 37 BUDGET, FOR SUCH YEAR, THE CREDIT ALLOWED BY THIS SUBSECTION SHALL 38 APPLY. 39 (B) NO CREDIT SHALL BE PROVIDED TO A TAXPAYER PURSUANT TO THIS SECTION 40 IF THE AMOUNT OF SUCH CREDIT IS LESS THAN OR EQUAL TO A CREDIT AUTHOR- 41 IZED TO BE PROVIDED TO A TAXPAYER OF AN INDEPENDENT OR DEPENDENT SCHOOL 42 DISTRICT PURSUANT TO SUBSECTION (BBB) OF THIS SECTION OR IF SUCH CREDIT 43 IS LESS THAN TWENTY DOLLARS IN A SINGLE YEAR. 44 (C) AN INDEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO THE PROVISIONS 45 OF SECTION TWO THOUSAND TWENTY-THREE-A OF THE EDUCATION LAW MUST MEET 46 THE APPLICABLE REQUIREMENTS OF SECTION TWO THOUSAND TWENTY-THREE-B OF 47 THE EDUCATION LAW FOR THE TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN 48 SCHOOL YEAR TO RENDER ITS TAXPAYERS ELIGIBLE FOR A CREDIT PURSUANT TO 49 THIS SECTION. FOR ALL SCHOOL YEARS THEREAFTER, IN ORDER FOR AN INDEPEND- 50 ENT SCHOOL DISTRICT TO QUALIFY ITS TAXPAYERS TO RECEIVE A CREDIT PURSU- 51 ANT TO THIS SECTION, THE BUDGET SO ADOPTED SHALL NOT EXCEED THE TAX LEVY 52 LIMIT PRESCRIBED BY SECTION TWO THOUSAND TWENTY-THREE-A OF THE EDUCATION 53 LAW. 54 (D) A CITY WITH A DEPENDENT SCHOOL DISTRICT THAT IS SUBJECT TO THE 55 PROVISIONS OF SECTION THREE-C OF THE GENERAL MUNICIPAL LAW AND ITS 56 DEPENDENT SCHOOL DISTRICT MUST JOINTLY COMPLY WITH THE REQUIREMENTS OF S. 6009 51 1 SUBDIVISION TWO, AND SUBDIVISION THREE OR FOUR OF SECTION THREE-D OF THE 2 GENERAL MUNICIPAL LAW IN ORDER TO RENDER ITS TAXPAYERS ELIGIBLE FOR A 3 CREDIT AUTHORIZED PURSUANT TO THIS SECTION FOR A CITY FISCAL YEAR BEGIN- 4 NING IN TWO THOUSAND FIFTEEN. FOR ALL FISCAL YEARS THEREAFTER WHERE A 5 CREDIT UNDER THIS SECTION WOULD BE AUTHORIZED, A CITY WITH A DEPENDENT 6 SCHOOL DISTRICT THAT IS SUBJECT TO THE PROVISIONS OF SECTION THREE-C OR 7 THREE-E OF THE GENERAL MUNICIPAL LAW MUST ADOPT A BUDGET THAT DOES NOT 8 EXCEED THE TAX LEVY LIMIT. 9 (2) FOR TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU- 10 SAND FIFTEEN IF THE CREDIT IS APPLICABLE IN SUCH YEAR, A TAXPAYER SHALL 11 BE ALLOWED A CREDIT AGAINST THE TAX IMPOSED BY THIS ARTICLE IN AN AMOUNT 12 EQUAL TO THE REBATE CHECK CALCULATED PURSUANT TO SECTION ONE HUNDRED 13 SEVENTY-EIGHT OF THIS CHAPTER. 14 (3) IF THE AMOUNT OF THE CREDIT ALLOWED UNDER THIS SUBSECTION FOR ANY 15 TAXABLE YEAR SHALL EXCEED THE TAXPAYER'S TAX FOR SUCH YEAR, THE EXCESS 16 SHALL BE TREATED AS AN OVERPAYMENT OF TAX TO BE CREDITED OR REFUNDED IN 17 ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHTY-SIX OF THIS 18 ARTICLE, PROVIDED, HOWEVER, THAT NO INTEREST SHALL BE PAID THEREON. 19 (4) (A) TAXPAYERS WHO WOULD HAVE QUALIFIED FOR THE CREDIT UNDER THIS 20 SUBSECTION FOR TAXABLE YEAR TWO THOUSAND FOURTEEN, HAD SUCH CREDIT BEEN 21 AUTHORIZED IN SUCH TAXABLE YEAR, SHALL BE TREATED AS HAVING MADE A 22 PAYMENT AGAINST THE TAX IMPOSED BY THIS ARTICLE FOR SUCH TAXABLE YEAR IN 23 AN AMOUNT EQUAL TO SUCH CREDIT FOR SUCH TAXABLE YEAR. SUCH PAYMENT SHALL 24 BE TREATED AS AN OVERPAYMENT OF TAX TO BE REFUNDED AS SOON AS PRACTICA- 25 BLE, BUT NOT LONGER THAN FORTY-FIVE DAYS FROM FILING A CLAIM FOR A 26 REFUND, IN ACCORDANCE WITH THE PROVISIONS OF SECTION SIX HUNDRED EIGHT- 27 Y-SIX OF THIS ARTICLE, PROVIDED, HOWEVER THAT NO INTEREST SHALL BE PAID 28 THEREON. ALL QUALIFIED TAXPAYERS MAY SUBMIT A CLAIM FOR AN ADVANCE 29 PAYMENT OF SUCH REFUND ON FORMS PREPARED BY THE DEPARTMENT, PROVIDED 30 SUCH FORMS ARE FILED WITH THE DEPARTMENT ON OR BEFORE AUGUST 31 THIRTY-FIRST, TWO THOUSAND FIFTEEN. 32 (B) THE AMOUNT OF THE CREDIT WHICH IS ALLOWED UNDER THIS SUBSECTION 33 FOR THE TAXPAYER'S TAXABLE YEAR BEGINNING IN TWO THOUSAND FIFTEEN SHALL 34 BE REDUCED BY THE PAYMENTS MADE TO THE TAXPAYER UNDER THIS SUBSECTION. 35 ANY FAILURE TO SO REDUCE THE CREDIT SHALL BE TREATED AS ARISING OUT OF A 36 MATHEMATICAL OR CLERICAL ERROR AND ASSESSED ACCORDING TO SUBSECTION (D) 37 OF SECTION SIX HUNDRED EIGHTY-ONE OF THIS ARTICLE. 38 (C) ANY FAILURE TO APPLY FOR AN ADVANCE PAYMENT SHALL NOT IMPAIR A 39 TAXPAYER'S ABILITY TO APPLY FOR THE CREDIT UPON FILING THEIR RETURN FOR 40 SUCH TAX YEAR. 41 (5) IF THE COMMISSIONER DETERMINES IT TO BE NECESSARY FOR PROPER 42 ADMINISTRATION OF THE CREDIT ALLOWED UNDER THIS SUBSECTION, THE COUNTY 43 DIRECTOR OF REAL PROPERTY TAX SERVICES OF ANY COUNTY, OR IN THE CASE OF 44 A CITY WITH A POPULATION OF ONE MILLION OR MORE, THE COMMISSIONER OF 45 FINANCE, UPON THE REQUEST OF THE COMMISSIONER, SHALL FILE A REPORT WITH 46 THE DEPARTMENT IDENTIFYING ALL PARCELS IN THE COUNTY OR IN THE CITY ON 47 WHICH SCHOOL TAXES FOR THE PRIOR SCHOOL YEAR REMAINED UNPAID AS OF JUNE 48 THIRTIETH OF SUCH PRIOR SCHOOL YEAR, PROVIDED THAT PARCELS NOT RECEIVING 49 THE BASIC OR ENHANCED STAR EXEMPTION SHALL BE EXCLUDED FROM SUCH LIST. 50 SUCH COUNTY DIRECTOR SHALL OBTAIN FROM THE TAX COLLECTING OFFICERS AND 51 TAX ENFORCEMENT OFFICERS WITHIN THE COUNTY SUCH INFORMATION AS HE OR SHE 52 MAY NEED TO PREPARE SUCH LIST. SUCH LIST SHALL BE PREPARED IN A FORMAT 53 PRESCRIBED BY THE COMMISSIONER. 54 (6) IF THE SCHOOL PROPERTY TAXES TO WHICH THE CREDIT RELATES ARE NOT 55 PAID, THE CREDIT ALLOWED WITH RESPECT TO SUCH PROPERTY TAXES MUST BE 56 ADDED BACK IN THE TAX YEAR IN WHICH SUCH CREDIT WAS CLAIMED. S. 6009 52 1 (7) ONLY ONE CREDIT PER RESIDENCE SHALL BE ALLOWED PER TAXABLE YEAR 2 UNDER THIS SUBSECTION. WHEN TWO OR MORE MEMBERS OF A RESIDENCE ARE ABLE 3 TO MEET THE QUALIFICATIONS FOR A QUALIFIED TAXPAYER, THE CREDIT SHALL BE 4 EQUALLY DIVIDED BETWEEN OR AMONG SUCH INDIVIDUALS. IN THE CASE OF SPOUS- 5 ES WHO FILE A JOINT FEDERAL RETURN BUT WHO ARE REQUIRED TO DETERMINE 6 THEIR NEW YORK TAXES SEPARATELY, THE CREDIT ALLOWED PURSUANT TO THIS 7 SUBSECTION MAY BE APPLIED AGAINST THE TAX OF EITHER OR DIVIDED BETWEEN 8 THEM AS THEY MAY ELECT. 9 S 4. The opening paragraph of paragraph 2 of subsection (bbb) of 10 section 606 of the tax law, as added by section 1 of part FF of chapter 11 59 of the laws of 2014, is amended to read as follows: 12 An individual taxpayer who meets the eligibility standards set forth 13 in paragraph three of this subsection and whose primary residence is 14 located in a taxing jurisdiction that has a freeze-compliant budget for 15 the fiscal year starting in two thousand fourteen, two thousand fifteen 16 or two thousand sixteen, whichever is applicable, shall be allowed a 17 credit against the taxes imposed by this article. HOWEVER, THAT IN TWO 18 THOUSAND FIFTEEN NO CREDIT WILL BE PROVIDED UNDER THIS SECTION AS A 19 CREDIT ON TAXES IMPOSED ON BEHALF OF AN INDEPENDENT OR DEPENDENT SCHOOL 20 DISTRICT, IF AN AMOUNT GREATER THAN SUCH CREDIT WOULD BE AUTHORIZED TO 21 BE RECEIVED BY A PROPERTY OWNER OR OWNERS IN THE FORM OF A REBATE PURSU- 22 ANT TO SECTION THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX LAW OR TO 23 BE RECEIVED IN THE FORM OR A CREDIT PURSUANT TO SUBSECTION (N-1) OF THIS 24 SECTION. Subject to the provisions of paragraph six of this subsection, 25 such credit shall be determined as follows: 26 S 5. Paragraph 4 of subsection (bbb) of section 606 of the tax law, as 27 added by section 1 of part FF of chapter 59 of the laws of 2014, is 28 amended to read as follows: 29 (4) For each year this credit is allowed, the commissioner shall 30 determine the taxpayer's eligibility for this credit utilizing the 31 information available to the commissioner. When the commissioner has 32 determined a taxpayer to be eligible for this credit, the commissioner 33 shall advance a payment of the amount determined in accordance with this 34 subsection. HOWEVER, THAT IN TWO THOUSAND FIFTEEN NO CREDIT WILL BE 35 PROVIDED UNDER THIS SECTION AS A CREDIT ON TAXES IMPOSED ON BEHALF OF AN 36 INDEPENDENT OR DEPENDENT SCHOOL DISTRICT, IF AN AMOUNT GREATER THAN SUCH 37 CREDIT WOULD BE AUTHORIZED TO BE RECEIVED BY A PROPERTY OWNER OR OWNERS 38 IN THE FORM OF A REBATE PURSUANT TO SECTION THIRTEEN HUNDRED SIX-B OF 39 THE REAL PROPERTY TAX LAW OR TO BE RECEIVED IN THE FORM OR A CREDIT 40 PURSUANT TO SUBSECTION (N-1) OF THIS SECTION. 41 The taxpayer shall not apply for such credit in conjunction with the 42 filing of his or her return. A taxpayer who has failed to receive an 43 advance payment that he or she believes was due to him or her, or who 44 has received an advance payment that he or she believes is less than the 45 amount that was due to him or her, may request payment of the claimed 46 deficiency in a manner prescribed by the commissioner. 47 S 6. The opening paragraph of section 2023-b of the education law, as 48 added by section 2 of part FF of chapter 59 of the laws of 2014, is 49 amended to read as follows: 50 Certification of compliance with property tax freeze, NEW YORK PROPER- 51 TY TAX RELIEF CHECK PROGRAM OR THE SCHOOL DISTRICT PROPERTY TAX CREDIT 52 requirements. A school district that is subject to the provisions of 53 section two thousand twenty-three-a of this part must comply with the 54 requirements of subdivision two of this section in order to render its 55 taxpayers eligible for the real property tax freeze credit authorized by 56 subsection (bbb) of section six hundred six of the tax law for a fiscal S. 6009 53 1 year starting in two thousand fourteen. The property tax cuts will be 2 extended for a second year, A NEW YORK PROPERTY TAX RELIEF CHECK WILL BE 3 PROVIDED PURSUANT TO SECTION THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY 4 TAX LAW OR A TAX CREDIT WILL BE PROVIDED PURSUANT TO SUBSECTION N-1 OF 5 SECTION SIX HUNDRED SIX OF THE TAX LAW in jurisdictions which comply 6 with the tax cap and have a state approved government efficiency plan 7 which demonstrate three year savings and efficiencies of at least one 8 percent per year from shared services, cooperation agreements and/or 9 mergers or efficiencies. The director of the budget shall consider past 10 efficiencies, shared services and reforms in their approval process. 11 While localities may offer a variety of approaches it is anticipated 12 that the county government or board of cooperative educational services 13 will convene and facilitate a process and submit a county wide or board 14 of cooperative educational services region wide plan for approval. A 15 school district that is subject to the provisions of section two thou- 16 sand twenty-three-a of this part must comply with the requirements of 17 subdivision two and either subdivision three or subdivision four of this 18 section in order to render its taxpayers eligible for the real property 19 tax freeze credit authorized by subsection (bbb) of section six hundred 20 six of the tax law for a fiscal year starting in two thousand fifteen. 21 S 7. Paragraph b of subdivision 2 of section 2023-b of the education 22 law, as added by section 2 of part FF of chapter 59 of the laws of 2014, 23 is amended to read as follows: 24 b. In order for such certification to give rise to a real property tax 25 freeze credit under subsection (bbb) of section six hundred six of the 26 tax law, A NEW YORK PROPERTY TAX RELIEF CHECK PURSUANT TO SECTION THIR- 27 TEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX LAW OR A TAX CREDIT PURSUANT 28 TO SUBSECTION (N-1) OF SECTION SIX HUNDRED SIX OF THE TAX LAW, such 29 certification shall be made no later than the twenty-first day of the 30 fiscal year to which it applies. 31 S 8. The opening paragraph of section 3-d of the general municipal 32 law, as added by section 3 of part FF of chapter 59 of the laws of 2014, 33 is amended to read as follows: 34 Certification of compliance with property tax freeze, THE NEW YORK 35 PROPERTY TAX RELIEF CHECK PROGRAM OR THE SCHOOL DISTRICT PROPERTY TAX 36 CREDIT requirements. A municipal corporation or an independent special 37 district that is subject to the provisions of section three-c of this 38 article must comply with the requirements of subdivision two of this 39 section in order to render its taxpayers eligible for the real property 40 tax freeze credit authorized by subsection (bbb) of section six hundred 41 six of the tax law for a fiscal year starting in two thousand fifteen. 42 The property tax cuts will be extended for a second year OR AN AUTHOR- 43 IZED REBATE OR CREDIT WILL BE PROVIDED in jurisdictions which comply 44 with the tax cap and have a state approved government efficiency plan 45 which demonstrate three year savings and efficiencies of at least one 46 percent per year from shared services, cooperation agreements and/or 47 mergers or efficiencies. The director of the budget shall consider past 48 efficiencies, shared services and reforms in their approval process. 49 While localities may offer a variety of approaches it is anticipated 50 that the county government or board of cooperative educational services 51 will convene and facilitate a process and submit a county wide or board 52 of cooperative educational services region wide plan for approval. A 53 municipal corporation or an independent special district that is subject 54 to the provisions of section three-c of this article must comply with 55 the requirements of subdivision two and either subdivision three or 56 subdivision four of this section in order to render its taxpayers eligi- S. 6009 54 1 ble for the real property tax freeze credit authorized by subsection 2 (bbb) of section six hundred six of the tax law for a fiscal year start- 3 ing in two thousand sixteen. Provided however, that a city with a 4 dependent school district must comply with the requirements of subdivi- 5 sion two of this section in order to render its taxpayers eligible for 6 the real property tax freeze credit authorized by subsection (bbb) of 7 section six hundred six of the tax law for a fiscal year starting in two 8 thousand fourteen and comply with the requirements of subdivision two of 9 this section, and both the city and its dependent school district must 10 jointly comply with the requirements of subdivision three or subdivision 11 four of this section, in order to render its taxpayers eligible for the 12 real property tax freeze credit authorized by subsection (bbb) of 13 section six hundred six of the tax law, FOR THE NEW YORK PROPERTY TAX 14 RELIEF CHECK AUTHORIZED BY SECTION THIRTEEN HUNDRED SIX-B OF THE REAL 15 PROPERTY TAX LAW OR THE SCHOOL DISTRICT PROPERTY TAX CREDIT PURSUANT TO 16 SUBSECTION (N-1) OF SECTION SIX HUNDRED SIX OF THE TAX LAW for a fiscal 17 year starting in two thousand fifteen or two thousand sixteen. 18 S 9. Paragraph (b) of subdivision 2 of section 3-d of the general 19 municipal law, as added by section 3 of part FF of chapter 59 of the 20 laws of 2014, is amended to read as follows: 21 (b) In order for such certification to give rise to a real property 22 tax freeze credit under subsection (bbb) of section six hundred six of 23 the tax law, A NEW YORK PROPERTY TAX RELIEF CHECK PURSUANT TO SECTION 24 THIRTEEN HUNDRED SIX-B OF THE REAL PROPERTY TAX LAW OR THE SCHOOL 25 DISTRICT PROPERTY TAX CREDIT PURSUANT TO SUBSECTION (N-1) OF SECTION SIX 26 HUNDRED SIX OF THE TAX LAW, such certification shall be made no later 27 than the twenty-first day of the fiscal year to which it applies. 28 S 10. This act shall take effect immediately. 29 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 30 sion, section or part of this act shall be adjudged by any court of 31 competent jurisdiction to be invalid, such judgment shall not affect, 32 impair, or invalidate the remainder thereof, but shall be confined in 33 its operation to the clause, sentence, paragraph, subdivision, section 34 or part thereof directly involved in the controversy in which such judg- 35 ment shall have been rendered. It is hereby declared to be the intent of 36 the legislature that this act would have been enacted even if such 37 invalid provisions had not been included herein. 38 S 3. This act shall take effect immediately provided, however, that 39 the applicable effective date of Parts A through F of this act shall be 40 as specifically set forth in the last section of such Parts.