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.