(A) except as otherwise provided herein there shall be full exemption
from taxation during the period of construction or the period of three
years immediately following commencement of construction, whichever
expires sooner, and for two years following such period;
(B) followed by two years of exemption from eighty per cent of such
taxation;
(C) followed by two years of exemption from sixty per cent of such
taxation;
(D) followed by two years of exemption from forty per cent of such
taxation;
(E) followed by two years of exemption from twenty per cent of such
taxation;
The following table shall illustrate the computation of the tax
exemption:
CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS
Exemption
During Construction (maximum three years) 100%
Following completion of work
Year:
1 100%
2 100
3 80
4 80
5 60
6 60
7 40
8 40
9 20
10 20
(ii) (A) Within a city having a population of one million or more the
local housing agency may adopt rules and regulations providing that
except in areas excluded by local law new multiple dwellings, except
hotels, shall be exempt from taxation for local purposes, other than
assessments for local improvements, for the tax year or years
immediately following taxable status dates occurring subsequent to the
commencement and prior to the completion of construction, but not to
exceed three such tax years, and shall continue to be exempt from such
taxation in tax years immediately following the taxable status date
first occurring after the expiration of the exemption herein conferred
during such construction so long as used at the completion of
construction for dwelling purposes for a period not to exceed fifteen
years in the aggregate, as follows:
a. except as otherwise provided herein there shall be full exemption
from taxation during the period of construction or the period of three
years immediately following commencement of construction, whichever
expires sooner, and for eleven years following such period;
b. followed by one year of exemption from eighty percent of such
taxation;
c. followed by one year of exemption from sixty percent of such
taxation;
d. followed by one year of exemption from forty percent of such
taxation;
e. followed by one year of exemption from twenty percent of such
taxation.
(B) The benefits of this subparagraph shall not be available in areas
made ineligible for the benefits of this section by a local law enacted
pursuant to paragraph (i) of subdivision two of this section,
notwithstanding any exceptions to ineligibility contained in such local
law for certain types of projects in such areas.
(C) Unless excluded by local law, in the city of New York the benefits
of this subparagraph shall be available in the borough of Manhattan for
tax lots now existing or hereafter created south of or adjacent to
either side of one hundred tenth street only if:
a. the construction is carried out with the substantial assistance of
grants, loans or subsidies from any federal, state or local agency or
instrumentality, or
b. the local housing agency has imposed a requirement or has certified
that twenty percent of the units be affordable to families of low and
moderate income.
The following table shall illustrate the computation of the exemption:
CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS
Exemption
During Construction (maximum three years) 100%
Following completion of work
Year:
1 through 11 100%
12 80
13 60
14 40
15 20
(iii) (A) Within a city having a population of one million or more the
local housing agency may adopt rules and regulations providing that new
multiple dwellings, except hotels, shall be exempt from taxation for
local purposes, other than assessments for local improvements, for the
tax year or years immediately following taxable status dates occurring
subsequent to the commencement and prior to the completion of
construction, but not to exceed three such tax years, and shall continue
to be exempt from such taxation in tax years immediately following the
taxable status date first occurring after the expiration of the
exemption herein conferred during such construction so long as used at
the completion of construction for dwelling purposes for a period not to
exceed twenty-five years in the aggregate, provided that the area in
which the project is situated is a neighborhood preservation program
area as determined by the local housing agency as of June first,
nineteen hundred eighty-five, or is a neighborhood preservation area as
determined by the New York city planning commission as of June first,
nineteen hundred eighty-five, or is an area that was eligible for
mortgage insurance provided by the rehabilitation mortgage insurance
corporation as of May first, nineteen hundred ninety-two or is an area
receiving funding for a neighborhood preservation project pursuant to
the neighborhood reinvestment corporation act (42 U.S.C. §§180 et seq.)
as of June first, nineteen hundred eighty-five, as follows:
a. except as otherwise provided herein there shall be full exemption
from taxation during the period of construction or the period of three
years immediately following commencement of construction, whichever
expires sooner, and for twenty-one years following such period;
b. followed by one year of exemption from eighty percent of such
taxation;
c. followed by one year of exemption from sixty percent of such
taxation;
d. followed by one year of exemption from forty percent of such
taxation;
e. followed by one year of exemption from twenty percent of such
taxation.
(B) The benefits of this subparagraph shall not be available in areas
made ineligible for the benefits of this section by a local law enacted
pursuant to paragraph (i) of subdivision two of this section,
notwithstanding any exceptions to ineligibility contained in such local
law for certain types of projects.
(C) Notwithstanding the provisions of item (A) or (D) of this
subparagraph, in the city of New York the benefits of this subparagraph
shall not be available in the borough of Manhattan for tax lots now
existing or hereafter created south of or adjacent to either side of one
hundred tenth street.
(D) In addition to being available in the areas described in item (A)
of this subparagraph, the benefits made available pursuant to this
subparagraph shall be available where:
a. the construction is carried out with the substantial assistance of
grants, loans or subsidies from any federal, state or local agency or
instrumentality, or
b. the local housing agency has imposed a requirement or has certified
that twenty percent of the units be affordable to families of low and
moderate income.
The following table shall illustrate the computation of the exemption:
CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS
Exemption
During Construction (maximum three years) 100%
Following completion of work
Year:
1 through 21 100%
22 80
23 60
24 40
25 20
(E) A new multiple dwelling that is situated in (1) a neighborhood
preservation program area as determined by the department of housing
preservation and development as of June first, nineteen hundred
eighty-five, (2) a neighborhood preservation area as determined by the
New York city planning commission as of June first, nineteen hundred
eighty-five, (3) an area that was eligible for mortgage insurance
provided by the rehabilitation mortgage insurance corporation as of May
first, nineteen hundred ninety-two, or (4) an area receiving funding for
a neighborhood preservation project pursuant to the neighborhood
reinvestment corporation act (42 U.S.C. §§ 8101 et seq.) as of June
first, nineteen hundred eighty-five, shall not be eligible for the
benefits available pursuant to this subparagraph unless it complies with
the provisions of subdivision seven of this section.
(iv) (A) Unless excluded by local law, in the city of New York, the
benefits of this subparagraph shall be available in the borough of
Manhattan for new multiple dwellings on tax lots now existing or
hereafter created south of or adjacent to either side of one hundred
tenth street that commence construction after July first, nineteen
hundred ninety-two and on or before December thirty-first, two thousand
fifteen provided, however, that such a multiple dwelling receives its
first temporary or permanent certificate of occupancy covering all
residential areas on or before December thirty-first, two thousand
nineteen, and solely for purposes of determining whether this clause
applies and notwithstanding any local law to the contrary, "commence"
shall mean the date upon which excavation and construction of initial
footings and foundations lawfully begins in good faith or, for an
eligible conversion, the date upon which the actual construction of the
conversion, alteration or improvement of the pre-existing building or
structure lawfully begins in good faith, only if:
a. the construction is carried out with the substantial assistance of
grants, loans or subsidies from any federal, state or local agency or
instrumentality, or
b. the local housing agency has imposed a requirement or has certified
that twenty percent of the units are affordable to families of low and
moderate income.
(B) Such new multiple dwellings, except hotels, shall be exempt from
taxation for local purposes, other than assessments for local
improvements for the tax year or years immediately following taxable
status dates occurring subsequent to the commencement and prior to the
completion of construction, but not to exceed three such tax years, and
shall continue to be exempt from such taxation in tax years immediately
following the taxable status dates first occurring after the expiration
of the exemption herein conferred during such construction so long as
used at the completion of construction for dwelling purposes for a
period not to exceed twenty years in the aggregate, as follows:
a. except as otherwise provided herein, there shall be full exemption
from taxation during the period of construction or the period of three
years immediately following commencement of construction, whichever
expires sooner, and for twelve years following such period;
b. followed by two years of exemption from eighty percent of such
taxation;
c. followed by two years of exemption from sixty percent of such
taxation;
d. followed by two years of exemption from forty percent of such
taxation;
e. followed by two years of exemption from twenty percent of such
taxation.
The following table shall illustrate the computation of the exemption:
CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS
During construction (maximum three years) Exemption 100%
Following completion of work year:
1 through 12 100%
13-14 80%
15-16 60%
17-18 40%
19-20 20%
(b) In addition to the taxes payable pursuant to the table above, the
owner shall pay in each tax year in which such full or partial exemption
is in effect, real property taxes and assessments as follows:
(i) real property taxes on the assessed valuation of such land and any
improvements thereon in effect during the tax year preceding the
commencement of such construction without regard to any exemption or
abatement from real property taxation in effect prior to such
construction which real property taxes shall be calculated on the tax
rate in effect at the time such taxes are due; and
(ii) all assessments for local improvements.
(c) Such multiple dwellings shall be eligible for exemption from
taxation pursuant to this section only if:
(i) exemption from taxes is not availed of concurrently under any
other law and that on or after July first, nineteen hundred seventy-six
no preliminary certificate of eligibility or certificate of eligibility
issued under this section may be rescinded by the local housing agency
to avail the property of the benefits of tax exemption or tax abatement
for rehabilitation or new construction under the provisions of any other
law, but that prior to July first, nineteen hundred seventy-six the
local housing agency may rescind such certificates to avail the property
of the benefits of tax exemption or tax abatement under the provisions
of any other law;
(ii) construction is commenced after January first, nineteen hundred
seventy-five and on or before December thirty-first, two thousand
fifteen provided, however, that (A) such a multiple dwelling receives
its first temporary or permanent certificate of occupancy covering all
residential areas on or before December thirty-first, two thousand
nineteen, (B) solely for purposes of determining whether this
subparagraph applies and notwithstanding any local law to the contrary,
"commence" shall mean the date upon which excavation and construction of
initial footings and foundations lawfully begins in good faith or, for
an eligible conversion, the date upon which the actual construction of
the conversion, alteration or improvement of the pre-existing building
or structure lawfully begins in good faith, and (C) such commencement
period shall not apply to multiple dwellings eligible for benefits under
subparagraph (iv) of paragraph (a) of this subdivision;
(iii) in the event that, immediately prior to commencement of new
construction, such land was improved with a residential building or
buildings that have since been substantially demolished, and the new
building or buildings contain more than twenty dwelling units, then such
new construction shall contain at least five dwelling units for each
class A dwelling unit in existence immediately prior to the demolition
preceding construction; and
(iv) in the event that a project contains more than 100 dwelling
units, at least 15 per cent of the dwelling units contain at least three
and one-half rooms and at least 10 per cent of the dwelling units
contain at least four and one-half rooms, unless a waiver from such
requirements is granted by the local housing agency based on hardship.
(d) As of July first, nineteen hundred seventy-five, if the aggregate
floor area of commercial, community facility and accessory use space
exceeds twelve per cent of the aggregate floor area, as defined herein,
of any building granted tax exemption pursuant to this section on or
subsequent to July first, nineteen hundred seventy-one, tax exemption
shall be reduced by an amount equal to the per cent of the aggregate
floor area by which the aggregate floor area of commercial, community
facility and accessory use space exceeds twelve per cent of the
aggregate floor area of the building provided, however, that accessory
use space shall not include accessory parking located not more than
twenty-three feet above the curb level and provided, further, that
whenever a building containing two or more separately assessed parcels
of real property has commercial, community facility and accessory use
space in excess of such twelve percent, the tax arising out of the
reduction in exemption for such excess space shall not be apportioned
pro rata among all of the separately assessed parcels in the building
but shall be applied first to those separately assessed parcels which
are unrelated to the residential use of the building; and only after
such unrelated parcels are fully taxable shall the remainder of such tax
be apportioned pro rata among the remaining separately assessed parcels
and provided further, that no such exemption for commercial, community
facility and accessory use space shall be applicable prior to July
first, nineteen hundred seventy-five. To be eligible for exemption under
this section such construction shall take place on land which,
thirty-six months prior to the commencement of such construction, was
vacant, predominantly vacant, under-utilized, or improved with a
non-conforming use, provided that if such new multiple dwelling
displaces or replaces a building or buildings containing more than
twenty-five occupied dwelling units in existence on December
thirty-first, nineteen hundred seventy-four and administered under the
local emergency housing rent control act, the rent stabilization law of
nineteen hundred sixty-nine, or the emergency tenant protection act of
nineteen seventy-four, such new multiple dwelling shall not be eligible
in the city of New York unless a certificate of eviction has been issued
for any of the displaced or replaced units pursuant to the powers
granted by the city rent and rehabilitation law, and that the sale,
transfer or utilization of air rights over residential buildings that
were not demolished shall not be construed as a displacement or
replacement of the dwelling units contained within those buildings
within the meaning of this subdivision.
(e) Any provision of this section to the contrary notwithstanding, the
following properties shall not be eligible for exemption:
(i) any multiple dwelling located in any geographical area where the
exemption is eliminated by regulations promulgated by the local housing
agency, pursuant to subdivision three of this section, upon a finding by
the local housing agency that the need for the tax incentive in such
area has been significantly reduced, or that an area should be preserved
for mainly non-residential purposes in accordance with local municipal
policy; unless construction actually commenced prior to January first,
nineteen hundred eighty-two; provided that the local housing agency
shall not reduce or eliminate such exemption with respect to multiple
dwellings of less than four stories in height, as stories are defined in
the multiple dwelling law, except in areas to be preserved for mainly
non-residential purposes provided further that no regulation regarding
such geographical limitation shall eliminate benefits available pursuant
to this section for construction which is commenced within two years
from the effective date of such regulation, except in areas to be
preserved for mainly non-residential purposes;
(ii) any land which is mapped as a public park, provided, however,
that this exclusion from eligibility for exemption shall not apply to
any land which has been mapped as a public park but which, for a period
of ten years or more after the date of such mapping, has not been
acquired by the state or the city in which such land is located and with
respect to which land the local department of parks and recreation has
determined that such land is not required for public park purposes, and
that such department has no intention of acquiring such land and that no
funds have been allocated for such purpose;
(iii) any land which has been utilized for ten or more consecutive
years prior to October first, nineteen hundred seventy-one as a "private
park" as hereinafter defined. A private park is a privately owned zoning
lot in a densely developed area having a minimum size of four thousand
square feet, free of all developments and containing only trees, grass,
benches, walkways and passive recreational facilities including
structures incidental thereto which has been used and maintained during
said period for such passive recreational activity by the general public
without charge with the consent and participation of the owner thereof;
where construction is commenced after December thirty-first, nineteen
hundred seventy-two, eligibility shall be determined on the basis of the
condition of the land on the first day of October, nineteen hundred
seventy-one.
(f) Notwithstanding the provisions of any local law for the
stabilization of rents in multiple dwellings or the emergency tenant
protection act of nineteen seventy-four, the rents of a unit shall be
fully subject to control under such local law or such act, unless exempt
under such local law or such act from control by reason of the
cooperative or condominium status of the unit, for the entire period
during which the property is receiving tax benefits pursuant to this
section for the period any such applicable law or act is in effect,
whichever is shorter. Thereafter, such rents shall continue to be
subject to such control to the same extent and in the same manner as if
this section had never applied thereto, except that such rents shall be
decontrolled if:
(i) with respect to units subject to the provisions of this section on
the effective date of this subparagraph such a unit becomes vacant after
the expiration of such ten year period or applicable law or act;
provided, however, that such units may be decontrolled pursuant to the
rent regulation reform act of 1993 and provided further that the rent
shall not be decontrolled for a unit which the commissioner of housing
and community renewal or a court of competent jurisdiction finds became
vacant because the landlord or any person acting on his behalf engaged
in any course of conduct, including but not limited to, interruption or
discontinuance of essential services which interfered with or disturbed
or was intended to interfere with or disturb the comfort, repose, peace
or quiet of the tenant in his use or occupancy of such unit, and, that
upon such finding in addition to being subject to any other penalties or
remedies permitted by law, the landlord of such unit shall be barred
from collecting rent for such unit in excess of that charged to the
tenant who vacated such unit until restoration of possession of such
tenant, if the tenant so desires, in which case the rent of such tenant
shall be established as if such tenant had not vacated such unit, or
compliance with such other remedy, including, but not limited to, all
remedies provided for by the emergency tenant protection act of nineteen
seventy-four for rent overcharge or failure to comply with any order of
the commissioner of housing and community renewal, as shall be
determined by the commissioner of housing and community renewal to be
appropriate; provided, however, that if a tenant fails to accept any
such offer of restoration of possession, such unit shall return to rent
stabilization at the previously regulated rent; or
(ii) with respect to units which become subject to the provisions of
this section after the effective date of this subparagraph, such tax
benefit period as provided in the opening paragraph of this paragraph or
applicable law or act shall have expired and either each lease and
renewal thereof for such unit for the tenant in residence at the time of
such decontrol has included a notice in at least twelve point type
informing such tenant that the unit shall become subject to such
decontrol upon the expiration of such tax benefit period as provided in
the opening paragraph of this paragraph or applicable law or act and
states the approximate date on which such tax benefit period as provided
in the opening paragraph of this paragraph is scheduled to expire; or
such unit becomes vacant as provided under subparagraph (i) of this
paragraph.
(g) For purposes of this section construction shall be deemed
"commenced" when excavation or alteration has begun in good faith on the
basis of approved construction plans.
(h) Anything in this section to the contrary notwithstanding, with
regard to a project consisting of two or more multiple dwellings
constructed on a contiguous site and containing an aggregate of not less
than one thousand dwelling units, each of such multiple dwellings shall
be entitled to the exemption set forth herein provided construction of
such project be commenced before January first, nineteen hundred
seventy-eight and completed no later than a date certain fixed by the
local housing agency not to exceed four years from the date of
commencement of construction of such project.
(i) Authority of city to enact local law. Except as otherwise
specified in this section, a city to which this section is applicable
may enact a local law to restrict, limit or condition the eligibility,
scope or amount of the benefits under this section in any manner
provided that such local law may not grant benefits beyond those
provided in this section and provided further that in the city of New
York such local law shall not take effect sooner than one year after it
is enacted. Notwithstanding the foregoing, the provisions of any local
law shall not alter the effect of subdivisions twelve, thirteen,
fourteen, and fifteen of this section as they apply on the effective
date of such subdivisions, notwithstanding any subsequent amendments to
the provisions of law referred to in such subdivisions.
(j) Voluntary renunciation or termination. Notwithstanding the
provisions of any general, special or local law to the contrary, an
owner shall not be entitled to voluntarily renounce or terminate any tax
exemption granted pursuant to this subdivision unless the local housing
agency authorizes such renunciation or termination in connection with
the commencement of a new tax exemption pursuant to either the private
housing finance law or section four hundred twenty-c of this title.
3. a. Application forms for exemption under this section shall be
filed with the assessors between February first and March fifteenth and,
based on the certification of the local housing agency as herein
provided, the assessors shall certify to the collecting officer the
amount of taxes to be abated. If there be in a city of one million
population or more a department of housing preservation and development,
the term "housing agency" shall mean only such department of housing
preservation and development. No such application shall be accepted by
the assessors unless accompanied by a certificate of the local housing
agency certifying the applicant's eligibility pursuant to subdivisions
two and four of this section. No such certification of eligibility shall
be issued by the local housing agency until such agency determines the
initial adjusted monthly rent to be paid by tenants residing in rental
dwelling units contained within the multiple dwelling and the
comparative adjusted monthly rent that would have to be paid by such
tenants if no tax exemption were applicable as provided by this section.
The initial adjusted monthly rent will be certified by the local housing
agency as the first rent for the subject dwelling units. A copy of such
certification with respect to such units shall be attached by the
applicant to the first effective lease or occupancy agreement. The
initial adjusted monthly rent shall reflect the full tax exemption
benefits as approved by the agency.
The agency shall determine the amount of the initial adjusted monthly
rent as follows:
(i) The total project cost shall be determined by adding the following
items:
(a) Land acquisition cost or purchase price, if purchased within two
years prior to the date on which construction or alteration is
commenced; or land acquisition cost or purchase price or an appraisal
prepared by a qualified independent appraiser, in such form as is
acceptable to the agency, if purchased more than two years prior to such
date. Land acquisition cost or purchase price, where used, shall be
certified to by an independent certified public accountant;
(b) Costs incurred in the process of preparing the site for
construction, including but not limited to operating losses, relocation
expenses, demolition expenses and carrying charges, such costs to be
certified by an independent certified public accountant to a date not
more than ninety days prior to the filing of an application for
certification of eligibility and the balance of such costs to be
estimated;
(c) Construction costs for constructing or rehabilitating the multiple
dwelling as determined by the agency in accordance with subdivision four
of this section, plus such amount, if any, representing unique and
special costs as may be allowed by the agency for a particular multiple
dwelling;
(d) An allowance for estimated off-site costs, including but not
limited to architects, engineers and legal fees, interest and taxes
during construction, insurance, title and mortgage fees, as determined
by the agency in accordance with subdivision four of this section, and
(e) such other amounts as are ordinarily and customarily incurred in
connection with the construction or rehabilitation of a multiple
dwelling, as determined by the agency in accordance with subdivision
four of this section.
(ii) The total expenses of the multiple dwelling shall be determined
by adding the following items:
(a) The amount that the agency determines to be the reasonable annual
costs for the continuing maintenance and operation of the multiple
dwelling in accordance with subdivision four of this section;
(b) The amount that the agency determines to be an appropriate annual
provision for vacancies, contingency reserves and management fees in
accordance with subdivision four of this section.
(c) The projected real property taxes to be levied on the multiple
dwelling and the land on which it is situated at the time of estimated
initial occupancy;
(d) Fourteen (14) per cent of the total project cost, as hereinabove
defined, which amount will include all expenses for debt service; and
(e) Deducting from said total the estimated annual income to be
derived from any commercial, community facility or accessory use space
in the building.
(iii) The total expenses shall be divided by the room count to provide
the adjusted monthly rent per room per month.
(iv) The adjusted monthly rent per room per month shall be multiplied
by the room count of each rental dwelling unit to provide the initial
adjusted monthly rent for such dwelling unit. The agency may allow
adjustments in the initial adjusted monthly rent for any particular
dwelling units provided that the total of the initial adjusted monthly
rents for all of the rental dwelling units in a multiple dwelling shall
not exceed the total expenses of such multiple dwelling.
The agency shall determine the estimated comparative adjusted monthly
rent that would have to be paid if no tax exemption were applicable as
provided by this section by adding to the adjusted monthly rent for each
dwelling unit as hereinabove computed an amount equal to (a) the
difference between the projected real property taxes which would be
levied on the multiple dwelling and the land on which it is situated at
the time estimated initial occupancy if no tax abatement were applicable
as provided by this section and the projected real property taxes
hereinabove utilized in connection with the computation of total
expenses; (b) divided by the room count of the building as per this
section; and (c) multiplied by the applicants approved room count of
each such dwelling unit.
The local housing agency may promulgate rules and regulations to carry
out the provisions of this section, not inconsistent with the provisions
hereof, and may require a reasonable filing fee in an amount provided by
such rules and regulations.
b. Notwithstanding the provisions of any general, special or local law
to the contrary, the local housing agency may require by rule that
applications be filed electronically.
4. a. After a public hearing the housing agency shall promulgate
annually to take effect as of January first of each year the amounts
that it determines to be the reasonable amounts in such categories and
classifications as may be established by the housing agency, for such
items as are generally applicable to all developments and are required
to be determined pursuant to subdivision three of this section, which
amounts shall be filed with the city clerk and published in a
publication of general circulation in the city or the city record, if
any, upon adoption by the housing agency.
b. The local housing agency may require a filing fee not to exceed the
greater of (i) four-tenths of one percent of the total project cost, or
(ii) if the building will be owned as a cooperative or condominium,
four-tenths of one percent of the total project cost or four-tenths of
one percent of the total project sell-out price stated in the last
amendment to the offering plan accepted for filing by the attorney
general of the state, at the option of the applicant. Such total project
cost or total project sell-out price shall be determined pursuant to
rules promulgated by the local housing agency. Notwithstanding the
foregoing, the local housing agency may promulgate rules imposing an
additional fee if an application, or any part thereof, or submission in
connection therewith, is defective and such defect delays the processing
of such application or causes the local housing agency to expend
additional resources in the processing of such application.
c. The local housing agency may rely on certification by an architect
or engineer submitted by an applicant in connection with the filing of
an application for benefits pursuant to this section. A false
certification by such architect or engineer shall be deemed to be
professional misconduct pursuant to section sixty-five hundred nine of
the education law. Any licensee found guilty of such misconduct under
the procedures prescribed in section sixty-five hundred ten of the
education law shall be subject to the penalties prescribed in section
sixty-five hundred eleven of such law, and shall thereafter be
ineligible to submit a certification pursuant to this section.
5. An applicant for tax exemption under this section whose project
contains more than twenty dwelling units shall notify the local
community planning board for the area which is the subject of the
application within ten days of submission of the application to the
local housing agency. The local community planning board shall have a
forty-five day period to file objections to the applicant's eligibility
under subdivision two of this section, or to the applicant's failure to
comply with the standards adopted by the agency in accordance with
subdivision four of this section. The local community board may within
such time in its own discretion hold a public hearing to determine
whether or not any objections as to eligibility should be filed. In the
event the local community board files such objections, the local housing
agency shall make a determination and notify such board within
forty-five days. When an applicant's project contains more than one
hundred fifty dwelling units the local community board may within thirty
days of receipt of an applicant's notification request the local housing
agency to and the local housing agency shall hold a public hearing
solely on the questions of the applicant's eligibility under subdivision
two of this section or the applicant's failure to comply with the
standards adopted by the agency pursuant to subdivision four of this
section. The local housing agency shall hold this hearing and make its
determination and notify such board within forty-five days.
6. (a) When used in this subdivision unless a different meaning
clearly appears from the context, the following terms shall mean and
include:
(i) "Covered project." (A) A new building located within the
Greenpoint - Williamsburg waterfront exclusion area, (B) two or more
buildings which are part of one contiguous development entirely located
within the Greenpoint - Williamsburg waterfront exclusion area, (C) two
or more buildings which are located within the Greenpoint - Williamsburg
waterfront exclusion area and are part of a single development parcel
specifically identified in section 62-831 of the local zoning
resolution, or (D) where so authorized in writing by the local housing
agency, one or more buildings located within the Greenpoint -
Williamsburg waterfront exclusion area and one or more buildings located
outside the Greenpoint - Williamsburg waterfront exclusion area but
within Community District Number One in the borough of Brooklyn. The
cumulative number of affordable units located outside the Greenpoint -
Williamsburg waterfront exclusion area in all covered projects described
in clause (D) of this subparagraph shall not exceed two hundred. A
building located outside the Greenpoint - Williamsburg waterfront
exclusion area which is part of a covered project described in clause
(D) of this subparagraph shall not contain any affordable units with
respect to which an application pending before a governmental entity on
the effective date of this subdivision or a written agreement in effect
on the effective date of this subdivision provided for the development
of such affordable units.
(ii) "Greenpoint - Williamsburg waterfront exclusion area." Any tax
lots now existing or hereafter created which are located entirely within
the geographic area in the borough of Brooklyn bounded and described as
follows:
BEGINNING at the intersection of the bulkhead line in the East River
and South Fifth Street extended; thence easterly to South Fifth Street
and continuing along South Fifth Street to the intersection of Kent
Avenue; thence northerly along Kent Avenue to the intersection of South
Fourth Street, thence easterly along South Fourth Street to a point 320
feet from Kent Avenue; thence northerly to a point on South Third Street
320 feet from Kent Avenue; thence westerly on South Third Street to the
intersection of Kent Avenue; thence northerly along Kent Avenue to the
intersection of Grand Street; thence westerly along Grand Street to the
intersection of River Street; thence northerly along River Street to the
intersection of North Third Street; thence easterly along North Third
Street to the intersection of Kent Avenue; thence northerly along Kent
Avenue to the intersection of Franklin Street; thence northerly along
Franklin Street to the intersection of Quay Street; thence westerly
along Quay Street to the intersection of West Street; thence northerly
along West Street to the intersection of Eagle Street; thence easterly
along Eagle Street to the intersection of Franklin Street; thence
northerly along Franklin Street to the intersection of Dupont Street;
thence westerly along Dupont Street to the intersection of Commercial
Street; thence northerly along Commercial Street to the intersection of
Manhattan Avenue; thence northerly along Manhattan Avenue to its
northerly terminus; thence northerly to the intersection of Manhattan
Avenue extended and the bulkhead line in Newtown Creek, thence westerly
along the bulkhead line in Newtown Creek and continuing southerly along
the United States pierhead line in the East River to the place of
beginning; included in said area are all piers and other projections
from the bulkhead line into the East River or Newtown Creek.
(iii) "Commencement date" shall mean, with respect to any building in
a covered project and notwithstanding any local law to the contrary, the
date upon which excavation and construction of initial footings and
foundations lawfully begins in good faith or, for an eligible
conversion, the date upon which the actual construction of the
conversion, alteration or improvement of the pre-existing building or
structure lawfully begins in good faith.
(iv) "Completion date" shall mean the date upon which the local
department of buildings issues the first temporary or permanent
certificate of occupancy covering all residential areas of a building in
a covered project.
(v) "Covered project agreement" shall mean an agreement executed and
recorded on or before December thirty-first, two thousand fifteen, and
not thereafter amended to include additional real property, by and
between the owners of the real property containing all of the affordable
units and the market units which will constitute a single covered
project as defined pursuant to subparagraph (i) of this paragraph.
(b) No benefits under the provisions of this section shall be
conferred on any building in a covered project located in the Greenpoint
- Williamsburg waterfront exclusion area unless the real property
containing such building is identified in a covered project agreement,
and the covered project that includes such building shall provide
affordable housing for persons and families of low and moderate income
that meets one of the following conditions:
(i) not less than twenty percent of the units in the covered project
are affordable to and occupied or available for occupancy by individuals
or families whose incomes at the time of initial occupancy do not exceed
eighty percent of the area median incomes adjusted for family size, and
at least one building in such covered project that contains not less
than twenty percent of its dwelling units meeting this affordable
housing requirement has a commencement date on or before December
thirty-first, two thousand fifteen and all of the buildings in such
covered project that receive benefits pursuant to paragraph (f) of this
subdivision have a completion date on or before June fifteenth, two
thousand twenty-five; or
(ii) not less than ten percent of the units in the covered project are
affordable to and occupied or available for occupancy by individuals or
families whose incomes at the time of initial occupancy do not exceed
eighty percent of the area median incomes adjusted for family size and
not less than an additional fifteen percent of the units in the covered
project are affordable to and occupied or available for occupancy by
individuals or families whose incomes at the time of initial occupancy
do not exceed one hundred twenty-five percent of the area median incomes
adjusted for family size, and at least one building in such covered
project that contains not less than twenty-five percent of its dwelling
units meeting this affordable housing requirement has a commencement
date on or before December thirty-first, two thousand fifteen and all of
the buildings in such covered project that receive benefits pursuant to
paragraph (f) of this subdivision have a completion date on or before
June fifteenth, two thousand twenty-five.
(c) Unless affordable units are developed under a federal, state or
city program having contrary requirements, (i) all affordable units must
have a comparable number of bedrooms as market rate units and a unit mix
proportional to the market rate units, or (ii) at least fifty percent of
the affordable units must have two or more bedrooms and no more than
fifty percent of the remaining units can be smaller than one bedroom.
(d) Unless affordable units are developed under a federal or state
program having contrary requirements, residents of the local community
shall have priority for the purchase or rental of fifty percent of the
affordable units.
(e) In order to ensure that affordable units created pursuant to this
subdivision will continue to be affordable for the life of the covered
project, the local housing agency shall employ mechanisms, including,
but not limited to, regulatory agreements, deed restrictions, resale
restrictions, occupancy requirements, and such other instruments or
requirements as it may deem necessary, and shall establish legal
remedies to enforce such mechanisms.
(f) With respect to any covered project located entirely within the
Greenpoint - Williamsburg waterfront exclusion area, the period of tax
benefits awarded to any building in such covered project shall be the
same as the period of tax benefits awarded under clause (D) of
subparagraph (iii) of paragraph (a) of subdivision two of this section.
With respect to any covered project which includes one or more buildings
located outside the Greenpoint - Williamsburg waterfront exclusion area,
the period of tax benefits awarded to any building in such covered
project that is located within the Greenpoint - Williamsburg waterfront
exclusion area shall be the same as the period of tax benefits awarded
under clause (A) of subparagraph (ii) of paragraph (a) of subdivision
two of this section.
7. (a) For the purposes of this subdivision:
(i) "affordable units" shall mean units which meet the affordability
requirements set forth in paragraph (c) of this subdivision.
(ii) "geographic exclusion areas" shall mean:
(A) areas described in subdivision eleven of this section,
(B) in the borough of Manhattan tax lots now existing or hereafter
created south of or adjacent to either side of one hundred tenth street,
and
(C) areas made ineligible for the benefits of this section:
(1) as set forth in section 11-245 of the administrative code of the
city of New York on the effective date of this subdivision,
notwithstanding any exceptions to ineligibility contained in such local
law for certain types of projects in such areas,
(2) as set forth in local law number fifty-eight of the city of New
York for the year two thousand six, notwithstanding any exceptions to
ineligibility contained in such local law for certain types of projects
in such areas and notwithstanding the effective date of such law, and
(3) by local law after the effective date of this subdivision.
(b) Notwithstanding any provision of this section or any local law to
the contrary, the benefits of this section shall not be available for
new multiple dwellings located in a geographic exclusion area which
commence construction after December twenty-eighth, two thousand seven
unless they comply with the provisions of this subdivision for
thirty-five years from completion of construction of the building
receiving benefits pursuant to this section.
(c)(i) Not less than twenty percent of the units in the multiple
dwelling must, upon the initial rental or sale of the units and upon all
subsequent rentals of the units after a vacancy, be affordable to and
occupied or available for occupancy by individuals or families whose
incomes at the time of initial occupancy do not exceed sixty percent of
the area median incomes adjusted for family size or (ii) if the
construction of such building is carried out with substantial assistance
of grants, loans or subsidies from any federal, state or local agency or
instrumentality and such assistance is provided pursuant to a program
for the development of affordable housing, not less than twenty percent
of the units in the multiple dwelling must, either (A) upon the initial
rental of the units and upon all subsequent rentals of the units after a
vacancy, be affordable to and occupied or available for occupancy by
individuals or families whose incomes at the time of initial occupancy
do not exceed one hundred twenty percent of the area median incomes
adjusted for family size and, where the multiple dwelling contains more
than twenty-five units, do not exceed an average of ninety percent of
the area median incomes adjusted for family size, or (B) upon the
initial sale of the units, be affordable to and occupied or available
for occupancy by individuals or families whose incomes at the time of
initial occupancy do not exceed one hundred twenty-five percent of the
area median incomes adjusted for family size.
(d) Unless preempted by federal requirements:
(i) all affordable units must have a comparable number of bedrooms as
market rate units and a unit mix proportional to the market rate units,
or at least fifty percent of the affordable units must have two or more
bedrooms and no more than fifty percent of the remaining units can be
smaller than one bedroom or in addition to the requirements of paragraph
(c) of this subdivision, the floor area of affordable units is no less
than twenty percent of the total floor area of all dwelling units;
(ii) affordable units shall share the same common entrances and common
areas as market rate units, and shall not be isolated to a specific
floor or area of a building. Common entrances shall mean any area
regularly used by any resident for ingress and egress from a multiple
dwelling; and
(iii) residents of the community board where the multiple dwelling
which receives the benefits provided in this section is located shall,
upon initial occupancy, have priority for the purchase or rental of
fifty percent of the affordable units.
(e) Notwithstanding any provision of law to the contrary, affordable
rental units must remain as rent stabilized units for thirty-five years
from completion of construction provided that tenants holding a lease
and in occupancy at the expiration of the rent stabilization period
shall have the right to remain as rent stabilized tenants for the
duration of their occupancy.
(f) All affordable units must be situated onsite. For the purposes of
this section, "onsite" shall mean that affordable units shall be
situated within the building or buildings for which benefits pursuant to
this section are being granted.
(g) The limitations on eligibility for benefits contained in this
subdivision shall be in addition to those contained in this section and
in any other law or regulation.
8. (a) As used in this subdivision, the following terms shall have the
following meanings:
(i) "Applicant" means an applicant for benefits pursuant to this
section, any successor to such applicant, or any employer of building
service employees for such applicant, including, but not limited to, a
property management company or contractor.
(ii) "Building service employee" means any person who is regularly
employed at a building who performs work in connection with the care or
maintenance of such building. "Building service employee" includes, but
is not limited to, watchman, guard, doorman, building cleaner, porter,
handyman, janitor, gardener, groundskeeper, elevator operator and
starter, and window cleaner, but shall not include persons regularly
scheduled to work fewer than eight hours per week in the building.
(iii) "Fiscal officer" means the comptroller or other analogous
officer in a city having a population of one million or more.
(b) All building service employees employed by the applicant in a
building whose construction commenced on or after December
twenty-eighth, two thousand seven shall receive the applicable
prevailing wage for the duration of benefits pursuant to this section.
(c) The fiscal officer shall have the power to enforce the provisions
of this subdivision. In enforcing such provisions, the fiscal officer
shall have the power:
(i) to investigate or cause an investigation to be made to determine
the prevailing wages for building service employees; in making such
investigation, the fiscal officer may utilize wage and fringe benefit
data from various sources, including, but not limited to, data and
determinations of federal, state or other governmental agencies;
(ii) to institute and conduct inspections at the site of the work or
elsewhere;
(iii) to examine the books, documents and records pertaining to the
wages paid to, and the hours of work performed by, building service
employees;
(iv) to hold hearings and, in connection therewith, to issue
subpoenas, administer oaths and examine witnesses; the enforcement of a
subpoena issued under this subdivision shall be regulated by the civil
practice law and rules;
(v) to make a classification by craft, trade or other generally
recognized occupational category of the building service employees and
to determine whether such work has been performed by the building
service employees in such classification;
(vi) to require the applicant to file with the fiscal officer a record
of the wages actually paid by such applicant to the building service
employees and of their hours of work;
(vii) to delegate any of the foregoing powers to his or her deputy or
other authorized representative; and
(viii) to promulgate rules as he or she shall consider necessary for
the proper execution of the duties, responsibilities and powers
conferred upon him or her by the provisions of this paragraph.
(d) If the fiscal officer finds that the applicant has failed to
comply with the provisions of this subdivision, he or she shall present
evidence of such noncompliance to the local housing agency.
(e) Paragraph (b) of this subdivision shall not be applicable to:
(i) projects containing less than fifty dwelling units; or
(ii) buildings where the local housing agency certifies that at
initial occupancy at least fifty percent of the dwelling units are
affordable to individuals or families with a gross household income at
or below one hundred twenty-five percent of the area median income and
that any such units which are located in rental buildings will be
subject to restrictions to insure that they will remain affordable for
the entire period during which they receive benefits under this section.
(f) The local housing agency shall prescribe appropriate sanctions for
failure to comply with the provisions of this subdivision.
(g) Solely for purposes of paragraph (b) of this subdivision,
construction shall be deemed to have commenced when excavation or
alteration has begun in good faith on the basis of approved construction
plans.
(h) The eligibility criteria for benefits contained in this
subdivision shall be in addition to those contained in any other law or
regulation.
9. (a) As used in this subdivision, the following terms shall have the
following meanings:
(i) "Residential tax lot" shall mean a tax lot that contains dwelling
units.
(ii) "Non-residential tax lot" shall mean a tax lot that does not
contain any dwelling units.
(iii) "Annual limit" shall mean sixty-five thousand dollars, which
amount shall be increased by three percent, compounded annually, on each
taxable status date following the first anniversary of the effective
date of this subdivision.
(iv) "Certificate of occupancy" shall mean the first certificate of
occupancy covering all residential areas of the building on or
containing a tax lot.
(v) "Unit count" shall mean:
(A) in the case of a residential tax lot that does not contain any
commercial, community facility or accessory use space, the number of
dwelling units in such tax lot, and
(B) in the case of a residential tax lot that contains commercial,
community facility or accessory use space, the number of dwelling units
in such tax lot plus one.
(vi) "Exemption cap" shall mean the unit count multiplied by the
annual limit.
(b) The provisions of this subdivision shall apply only to projects
that commence construction on or after December twenty-eighth, two
thousand seven.
(c) The portion of the assessed valuation of any residential tax lot
exempted from real property taxation in any year pursuant to this
section shall not exceed the exemption cap on or after the first taxable
status date after the building on or containing such tax lot receives
its certificate of occupancy, unless, it complies with the requirements
of item a or b of clause (D) of subparagraph (iii) of paragraph (a) of
subdivision two of this section or the requirements of item a or b of
clause (A) of subparagraph (iv) of paragraph (a) of subdivision two of
this section. The portion of the assessed valuation of all
non-residential tax lots in the building on or containing such
non-residential tax lots exempted from real property taxation in any
year pursuant to this section shall not exceed a cumulative total equal
to the annual limit on or after the first taxable status date after the
building on or containing such non-residential tax lots receives its
certificate of occupancy. A dwelling unit that is located in two or more
tax lots shall be ineligible to receive any benefits under this section.
10. (a) The local housing agency shall implement procedures to insure
that affordable units created pursuant to this section, or units which
are required to be occupied by persons or families who meet specified
income limits pursuant to the provisions of a local law enacted pursuant
to this section, continue to be affordable as required by the provisions
of this section or such local law, and that units made subject to rent
stabilization remain subject thereto as required by the provisions of
this section. Such procedures shall include but shall not be limited to
the following:
(i) all rent stabilization registrations required to be filed on or
after January first, two thousand eight shall contain a designation
which identifies all units that are subject to the provisions of this
section as "Affordable New York Housing Program units" and specifically
identifies affordable units created pursuant to this section and units
which are required to be occupied by persons or families who meet
specified income limits pursuant to the provisions of a local law
enacted pursuant to this section as "Affordable New York Housing Program
affordable units" and shall contain an explanation of the requirements
that apply to all such units. The owner of a unit that is subject to the
provisions of this section shall, in addition to complying with the
requirements of section 26-517 of the rent stabilization law, file a
copy of the rent registration for each such unit with the local housing
agency;
(ii) the local housing agency with cooperation of the division of
housing and community renewal shall monitor and enforce compliance with
the filing requirements of this section;
(iii) the local housing agency shall create a report which, at a
minimum, contains the following information for every building which
receives benefits pursuant to this section: address, commencement and
termination date of the benefits, total number of residential units,
number of "Affordable New York Housing Program units" and number of
"Affordable New York Housing Program affordable units", apartment number
or other designation of such units and the rent for each of such units.
The local housing agency with the cooperation of the division of housing
and community renewal shall maintain, and update such report no less
than annually, with information secured from annual registrations. Such
reports shall be available for public inspection in a form that assigns
a unique designation to each unit other than its actual apartment number
to maintain the privacy of such information; and
(iv) the local housing agency shall monitor any change in such
information, shall investigate any such changes which indicate a failure
to comply with the provisions of this section, and shall take
appropriate action based on its findings.
(b) Failure to comply with the provisions of this section which
require the creation and maintenance of affordable units pursuant to
this section, or units which are required to be occupied by persons or
families who meet specified income limits pursuant to the provisions of
a local law enacted pursuant to this section, at any time during the
duration of the building's tax exemption shall result in revocation of
any benefits under this section for the period of such non-compliance.
If an on-going pattern of non-compliance is found to exist, such
benefits may be revoked from their inception. Notwithstanding the
revocation of benefits for a building pursuant to the provisions of this
subdivision, all units in such building shall continue to remain subject
to the provisions of the rent stabilization law for the entire intended
period as if the benefits had not been revoked.
(c) The provisions of this subdivision relating to enforcement of the
provisions of this section shall be in addition to any other provisions
contained in this section or any other law.
(d) The revocation of benefits for noncompliance with this section
shall not exempt any unit from continued compliance with the
requirements of this section.
11. Additional geographic exclusion areas:
(a) Any tax lots now existing or hereafter created which are located
entirely within the geographic area in the borough of Brooklyn bounded
and described as follows:
(i) In the County of Kings, Beginning at a point where Warwick Street
meets Belmont Avenue, thence westerly along said avenue to Jerome
Street, thence southerly along said street to Sutter Avenue, thence
westerly on said avenue to Barbey Street, thence northerly along said
street to Belmont Avenue, thence westerly on said avenue to New Jersey
Avenue, thence southerly on said avenue to Sutter Avenue, thence
westerly on said avenue to Pennsylvania Avenue, thence northerly on said
avenue to Belmont Avenue, thence westerly on said avenue to Sheffield
Avenue, thence southerly on said avenue to Sutter Avenue, thence
westerly on said avenue to Snediker Avenue, thence northerly on said
avenue to William's Place, thence northerly on said place to Fulton
Street, thence easterly on said street to Jamaica Avenue, thence
easterly on said avenue to Van Siclen Avenue, thence southerly on said
avenue to Arlington Avenue, thence easterly on said avenue to Warwick
Street, thence southerly on said street to Atlantic Avenue, thence
westerly on said avenue to Jerome Street, thence southerly on said
street to Liberty Avenue, thence easterly on said avenue to Warwick
Street, thence southerly along said street to its intersection with
Belmont Avenue, the point of beginning.
(ii) In the County of Kings, Beginning at a point where Bushwick
Avenue meets with Stewart Street, thence southwesterly on said street to
Broadway, thence southeasterly on Broadway to Conway Street, thence
southwesterly on said street to Truxton Street, thence westerly on said
street to Sackman Street, thence southerly on said street to Atlantic
Avenue, thence westerly on said avenue to Howard Avenue, thence
northerly on said avenue to MacDougal Street, thence westerly on said
street to Fulton Street, thence westerly on said street to Patchen
Avenue, thence northerly on said avenue to Hancock Street, thence
easterly on said street to Saratoga Avenue, thence northerly on said
avenue to a point midway between Hancock Street and Jefferson Avenue,
thence easterly along the line extended to the northern intersection of
Broadway and Hancock Street, thence northerly along Hancock Street to
Bushwick Avenue, thence easterly along said avenue to its intersection
with Stewart Street, the point of beginning.
(iii) In the County of Kings, Beginning at a point where Prospect
Place meets Ralph Avenue, thence southerly along said avenue to Sutter
Avenue, thence westerly along said avenue to east 98th Street, thence
southeasterly along said street to Rutland Road, thence southwesterly
along said road to East 92nd Street, thence northwesterly along said
street to East New York Avenue, thence southerly along said avenue to
Lefferts Avenue, thence westerly along said avenue to Utica Avenue,
thence northerly along said avenue to Lincoln Place, thence easterly on
said place to Rochester Avenue, thence northerly on said avenue to St.
Mark's Avenue thence easterly on St. Mark's Avenue to Buffalo Avenue,
thence southerly on said avenue to Prospect Place, thence westerly along
said place towards intersection with Ralph Avenue, the point of
beginning.
(iv) In the County of Kings, Beginning at a point where Nostrand
Avenue meets Dean Street, thence westerly along said street to Rogers
Avenue, thence southerly along said avenue to Bergen Street, thence
westerly along said street to Bedford Avenue, thence southerly along
said avenue to St. Mark's Avenue, thence easterly along said avenue to
Rogers Avenue, thence southerly along said avenue to Crown Street,
thence easterly along said street to Nostrand Avenue, thence southerly
along said avenue to Sterling Street, thence westerly along said street
to Bedford Avenue, thence southerly along said avenue to Lefferts
Avenue, thence westerly along said avenue to Washington Avenue, thence
southerly along said avenue to Flatbush Avenue, thence along said avenue
to Parkside Avenue, thence westerly along said avenue to Ocean Avenue,
thence northerly along said avenue to Flatbush Avenue, thence along said
avenue to Plaza Street East, thence along said street to St. John's
Place, thence easterly along said place to Underhill Avenue, thence
northerly along said avenue to Prospect Place, thence westerly along
said place to Carlton Avenue, thence southerly along said avenue to
Flatbush Avenue, thence northerly along said avenue to Park Place,
thence westerly along said place to 6th Avenue, thence northerly along
said avenue to Bergen Street, thence westerly along said street to 5th
Avenue, thence southerly along said avenue to Warren Street, thence
westerly along said street to 4th Avenue, thence northerly along said
avenue to Bergen Street, thence westerly along said street to 3rd
Avenue, thence northerly along said avenue to Dean Street, thence
easterly along said street to 4th Avenue, thence northerly along said
avenue to Atlantic Avenue, thence easterly along said avenue to Flatbush
Avenue, thence northerly along said avenue to Fulton Street, thence
westerly along said street to Hanover Place, thence southerly along said
place to Livingston Street, thence westerly along said street to Bond
Street, thence northerly along said street to Fulton Street, thence
westerly along said street to Bridge Street, thence northerly along said
street to Willoughby Street, thence westerly along said street to
Lawrence Street, thence southerly along said street to Fulton Street,
thence westerly along said street to Jay Street, thence northerly along
said street to Prospect Street, thence easterly along said street to
Bridge Street, thence northerly along said street to York Street, thence
easterly along said street to Navy Street, thence southerly along said
street to Ashland Place, thence along said place to Dekalb Avenue,
thence easterly along said avenue to Adelphi Street, thence southerly
along said street to Lafayette Avenue, thence easterly along said avenue
to Clermont Avenue, thence northerly along said avenue to Dekalb Avenue,
thence easterly along said avenue to Clinton Avenue, thence northerly
along said avenue to Willoughby Avenue, thence easterly along said
avenue to Hall Street, thence northerly along said street to Myrtle
Avenue, thence easterly along said avenue to Emerson Place, thence
southerly along said place to southern border of Pratt Institute parking
lot, thence westerly along said border to a line extended southerly from
Grand Avenue, thence southerly along said avenue to Dekalb Avenue,
thence easterly along said avenue to Classon Avenue, thence northerly
along said avenue to Willoughby Avenue, thence easterly along said
avenue to Taaffe Place, thence southerly along said place to Dekalb
Avenue, thence easterly along said avenue to Kent Avenue, thence
northerly along said avenue to Willoughby Avenue, thence easterly along
said avenue to Franklin Avenue, thence southerly along said avenue to
Lafayette Avenue, thence easterly along said avenue to Nostrand Avenue,
thence southerly along said avenue to its intersection with Dean Street,
the point of beginning.
(v) In the County of Kings, Beginning at a point where Ruby Street
(Kings/Queens county line) meets Pitkin Avenue, thence westerly along
said avenue to North Conduit Boulevard, thence northwesterly along said
boulevard to Autumn Avenue, thence northerly along said avenue to
Glenmore Avenue, thence westerly along said avenue to South Conduit
Boulevard, thence easterly along said boulevard to Hemlock Street,
thence southerly along said street to Pitkin Avenue, thence westerly
along said avenue to Crystal Street, thence southerly along said street
to Belmont Avenue, thence westerly along said avenue to Milford Street,
thence southerly along said street to Sutter Avenue, thence westerly
along said avenue to Montauk Avenue, thence northerly along said avenue
to Belmont Avenue, thence westerly along said avenue to Shepherd Avenue,
thence northerly along said avenue to Pitkin Avenue, thence westerly
along said avenue to Essex Street, thence southerly along said street to
Belmont Avenue, thence westerly along said avenue to Warwick Street,
thence northerly along said street to Liberty Avenue, thence westerly
along said avenue to Jerome Street, thence northerly along said street
to Atlantic Avenue, thence easterly along said avenue to Warwick Street,
thence northerly along said street to Arlington Avenue, thence westerly
along said avenue to Van Siclen Avenue, thence northerly along said
avenue to Jamaica Avenue, thence westerly along said avenue to Broadway,
thence westerly along Broadway to Fulton Street, thence westerly along
said street to Sackman Street, thence northerly along said street to
Truxton Street, thence easterly along said street to Conway Street,
thence northerly along said street to Broadway, thence westerly along
Broadway to Stewart Street, thence northerly along said street to
Bushwick Avenue, thence westerly along said avenue to Kosciusko Street,
thence westerly along said street to Stuyvesant Avenue, thence northerly
along said avenue to Dekalb Avenue, thence westerly along said avenue to
Marcy Avenue, thence northerly along said avenue to Park Avenue, thence
easterly along said avenue to Broadway, thence southerly along Broadway
to Lewis Avenue, thence southerly along said avenue to Stockton Street,
thence easterly along said street to Broadway, thence southerly along
Broadway to Melrose Street, thence northerly along said street to
Stanwix Street, thence southerly along said street to Jefferson Street,
thence westerly along said street to Bushwick Avenue, thence southerly
along said avenue to Dekalb Avenue, thence northerly along said avenue
to Evergreen Avenue, thence easterly along said avenue to Stockholm
Street, thence northerly along said street to Central Avenue, thence
easterly along said avenue to Woodbine Street, thence northerly along
said street to Ridgewood Place, thence westerly along said place to
Palmetto Street, thence northerly along said street to Wyckoff Avenue
(Kings/Queens county line), thence following Kings/Queens county line to
Ruby Street (Kings/Queens county line), thence southerly along said
street to its intersection with Pitkin Avenue, the point of beginning.
(vi) In the County of Kings, Beginning at a point where St. Nichols
Avenue (Kings/Queens county line) meets Gates Avenue (Kings/Queens
county line), thence southerly along said avenue to Wykoff Avenue
(Kings/Queens county line), thence easterly along said avenue to
Palmetto Street, thence southerly along said street to Ridgewood Place,
thence easterly along said place to Woodbine Street, thence southerly
along said street to Central Avenue, thence westerly along said avenue
to Stockholm Street, thence southerly along said street to Evergreen
Avenue, thence westerly along said avenue to Dekalb Avenue, thence
southerly along said avenue to Bushwick Avenue, thence westerly along
said avenue to Jefferson Street, thence easterly along said street to
Stanwix Street, thence northerly along said street to Melrose Street,
thence westerly along said street to Broadway, thence along Broadway to
Stockton Street, thence along said street to Lewis Avenue, thence
northerly along said avenue to Broadway, thence westerly along Broadway
to Park Avenue, thence along said avenue to Marcy Avenue, thence
northerly along said avenue to Hopkins Street, thence easterly along
said street to Tompkins Avenue, thence northerly along said avenue to
Harrison Avenue, thence westerly along said Avenue to Middleton Street,
thence easterly along said street to Broadway, thence westerly along
Broadway to Boerum Street, thence easterly along said street to Lorimer
Street, thence northerly along said street to Montrose Avenue, thence
westerly along said avenue to Broadway, thence along said road to I-278,
thence northerly along said interstate to South 5th Street, thence
westerly along said street to Bedford Avenue, thence southerly along
said avenue to South 6th Street, thence westerly along said street to
Berry Street, thence northerly along said street to North 1st Street,
thence easterly along said street to Driggs Avenue, thence northerly
along said avenue to Fillmore Place, thence easterly along said place to
Roebling Street, thence northerly along said street to Hope Street,
thence easterly along said street to Havemeyer Street, thence northerly
along said street to Metropolitan Avenue, thence easterly along said
avenue to Havemeyer Street, thence northerly along said street to North
6th Street, thence easterly along said street to Meeker Avenue, thence
westerly along said avenue to Metropolitan Avenue, thence easterly along
said avenue to Rodney Street, thence southerly along said street to
Ainslie Street, thence easterly along said street to Union Avenue,
thence northerly along said avenue to Conselyea Street, thence easterly
along said street to Manhattan Avenue, thence southerly along said
street to Metropolitan Avenue, thence easterly along said avenue to
Maspeth Avenue, thence northerly along said avenue to Woodpoint Road,
thence along said road to Conselyea Street, thence westerly along said
street to Humbolt Street, thence northerly along said street to Skillman
Avenue, then easterly along said avenue to Woodpoint Road, thence
northerly along said road to Jackson Street, thence easterly along said
street to Kingsland Avenue, thence northerly along said avenue to
Withers Street, thence westerly along said street to Woodpoint Road,
thence northerly along said road to Kingsland Avenue, thence along said
avenue to Division Place, thence easterly along said place to Debevoise
Avenue, thence northerly along said avenue to Beadel Street, thence
westerly along said street to Kingsland Avenue, thence northerly along
said avenue to I-278, thence easterly along said interstate to Sutton
Street, thence northerly along said street to Driggs Avenue, thence
easterly along said avenue to Meeker Avenue, thence along said avenue to
Hausman Street, thence northerly along said street to Nassau Avenue,
thence easterly along said avenue to Vandam Street, thence southerly
along said street to Meeker Avenue, thence easterly along said avenue to
Kings/Queens county line, thence southeasterly along said line to where
St. Nichols Avenue meets Gates Avenue, the point of beginning.
(vii) In the County of Kings, Beginning at a point where Bedford
Avenue meets Bergen Street, thence easterly along said street to New
York Avenue, thence northerly along said avenue to Pacific Street,
thence easterly along said street to Brooklyn Avenue, thence southerly
along said avenue to Dean Street, thence easterly along said street to
Kingston Avenue, thence southerly along said avenue to Sterling Place,
thence easterly along said place to Hampton Place, thence southerly
along said place to St. John's Place, thence westerly along said place
to Kingston Avenue, thence southerly along said avenue to Lincoln Place,
thence easterly along said place to Albany Avenue, thence southerly
along said avenue to Eastern Parkway, thence easterly along said parkway
to Schenectady Avenue, thence southerly along said avenue to Union
Street, thence easterly along said street to Utica Avenue, thence
southerly along said avenue to Empire Boulevard, thence westerly along
said boulevard to Nostrand Avenue, thence northerly along said avenue to
Crown Street, thence westerly along said street to Rogers Avenue, thence
northerly along said avenue to St. Mark's Avenue, thence westerly along
said avenue to Bedford Avenue, thence northerly along said avenue to
Bergen Street, the point of beginning.
(viii) In the County of Kings, Beginning at a point where Prospect
Place meets Underhill Avenue, thence southerly along said avenue to St.
John's Place, thence westerly along said place to Plaza Street East,
thence southerly along said street to Plaza Street West, thence westerly
along said street to Parade Place, thence along said place to Prospect
Park West, thence southerly along said Part West to 4th Street, thence
westerly along said street to 8th Avenue, thence northerly along said
avenue to 2nd Street, thence westerly along said street to 7th Avenue,
thence southerly along said avenue to 4th Street, thence westerly along
said street to 6th Avenue, thence southerly along said avenue to 5th
Street, thence westerly along said street to 5th Avenue, thence
southerly along said avenue to 8th Street, thence easterly along said
street to 6th Avenue, thence southerly along said avenue to 9th Street,
thence westerly along said street to 5th Avenue, thence southerly along
said avenue to 11th Street, thence easterly along said street to 6th
Avenue, thence southerly along said avenue to 14th Street, thence
easterly along said street to 7th Avenue, thence southerly along said
avenue to 17th Street, thence westerly along said street to Calder
Place, thence northerly along said place to Prospect Avenue, thence
westerly along said avenue to Webster Place, thence northerly along said
place to 16th Street, thence westerly along said street to 6th Avenue,
thence southerly along said avenue to Prospect Expressway, thence
westerly along said expressway to 5th Avenue, thence southerly along
said avenue to 17th Street, thence westerly along said street to 4th
Avenue, thence northerly along said avenue to 16th Street, thence
westerly along said street to Hamilton Avenue, thence along said avenue
to 15th Street, thence easterly along said street to 2nd Avenue, thence
northerly along said avenue to 14th Street, thence westerly along said
street to Hamilton Place, thence northerly along said place to 12th
Street, thence westerly along said street to a line extended from 12th
Street to the banks of the Gowanus Canal, thence southerly along said
canal to Hamilton Avenue, thence northerly along said avenue to Smith
Street, thence along said street to West 9th Street, thence westerly
along said street to I-278, thence northerly along said interstate to
Huntington Street, thence westerly along said street to Hamilton Avenue,
thence northerly along said avenue to Luquer Street, thence westerly
along said street to Columbia Street, thence southerly along said street
to Commerce Street, thence westerly along said street to Richards
Street, thence northerly along said street to Hamilton Avenue, thence
westerly along said avenue to Bowne Street, thence along said street to
Van Brunt Street, thence southerly along said street to Verona Street,
thence northerly along said street to Imlay Street, thence southerly
along said street to Pioneer Street, thence westerly along said street
to the East River (Kings/New York county line), thence northerly along
said county line to the western border of the U.S. Navy Yard Basin,
thence southerly along said border to a line extended from the
eastern-most end of York Street, thence westerly along said line
extended to York Street, thence westerly along said street to Bridge
Street, thence southerly along said street to Prospect Street, thence
westerly along said street to Jay Street, thence southerly along said
street to Fulton Street, thence easterly along said street to Lawrence
Street, thence northerly along said street to Willoughby Street, thence
easterly along said street to Bridge Street, thence southerly along said
street to Fulton Street, thence easterly along said street to Bond
Street, thence southerly along said street to Livingston Street, thence
easterly along said street to Hanover Place, thence northerly along said
place to Fulton Street, thence easterly along said street to Flatbush
Avenue, thence southerly along said avenue to Atlantic Avenue, thence
westerly along said avenue to 4th Avenue, thence southerly along said
avenue to Dean Street, thence westerly along said street to 3rd Avenue,
thence southerly along said avenue to Bergen Street, thence easterly
along said street to 4th Avenue, thence southerly along said avenue to
Warren Street, thence easterly along said street to 5th Avenue, thence
northerly along said avenue to Bergen Street, thence easterly along said
street to 6th Avenue, thence southerly along said avenue to Park Place,
thence easterly along said place to Flatbush Avenue, thence southerly
along said avenue to Carlton Avenue, thence northerly along said avenue
to Prospect Place, thence easterly along said place to its intersection
with Underhill Avenue, the point of beginning.
(ix) In the County of Kings, Beginning at a point where 65th Street
meets 2nd Avenue, thence southerly along said avenue to Long Island Rail
Road (Bay Ridge Station), thence westerly along said railroad to Bay
Ridge Channel, thence along said channel to the Upper New York Bay,
thence along said bay to Kings/Hudson/New Jersey county/state line,
thence along said county/state line to Kings/New York county line,
thence easterly along said county line to Pioneer Street, thence
southerly along said street to Imlay Street, thence northerly along said
street to Verona Street, thence southerly along said street to Van Brunt
Street, thence northerly along said street to Bowne Street, thence
easterly along said street to Hamilton Avenue, thence along said avenue
to Richards Street, thence southerly along said street to Commerce
Street, thence easterly along said street to Columbia Street, thence
northerly along said street to Luquer Street, thence easterly along said
street to Hamilton Avenue, thence southerly along said avenue to
Huntington Street, thence easterly along said street to I-278, thence
southerly along said interstate to West 9th Street, thence along said
street to Smith Street, thence southerly along said street to Hamilton
Avenue, thence along said avenue to Gowanus Canal, thence northerly
along said canal to a line extended westerly from 12th Street, thence
easterly along said line extended to 12th Street, thence along said
street to Hamilton Place, thence southerly along said place to 14th
Street, thence easterly along said street to 2nd Avenue, thence
southerly along said avenue to 15th Street, thence westerly along said
street to Hamilton Avenue, thence southerly along said avenue to 3rd
Avenue, thence southerly along said avenue to 65th Street, thence
northerly along said street to its intersection with 2nd Avenue, the
point of beginning.
(b) Any tax lots now existing or hereafter created which are located
entirely within the geographic area in the borough of Manhattan bounded
and described as follows:
(i) In the county of New York, Beginning at a point where extended
West 202nd Street intersects the New York/Bronx county line, thence
westerly along said extension to West 202nd Street, thence along said
street to 9th Avenue, thence southerly along said avenue to west 201st
Street, thence westerly along said street to Academy Street, thence
northerly along said street to 10th Avenue, thence southerly along said
avenue to Dyckman Street, thence northerly along said street to Nagle
Avenue, thence westerly along said avenue to Fort George Hill, thence
southerly along said hill to the southwestern border of High Bridge
Park, thence easterly along said border to Fort George Avenue, thence
southerly along said avenue to Audubon Avenue, thence along said avenue
to West 190th Street, thence easterly along said street to Amsterdam
Avenue, thence southerly along said avenue to West 186th Street, thence
westerly along said street to Audubon Avenue, thence southerly along
said avenue to West 184th Street, thence easterly along said street to
Amsterdam Avenue, thence southerly along said avenue to West 183rd
Street, thence westerly along said street to Audubon Avenue, thence
southerly along said avenue to West 182nd Street, thence easterly along
said street to Amsterdam Avenue, thence southerly along said avenue to
West 166th Street, thence westerly along said street to St. Nicholas
Avenue, thence southerly along said avenue to West 162nd Street, thence
westerly along said street to Broadway, thence northerly along Broadway
to west 165th Street, thence westerly along said street to Fort
Washington Avenue, thence northerly along said avenue to West 168th
Street, thence easterly along said street to Broadway, thence northerly
along Broadway to West 172nd Street, thence westerly along said street
to Fort Washington Avenue, thence northerly along said avenue to West
173rd Street, thence easterly along said street to Broadway, thence
northerly along Broadway to West 174th Street, thence easterly along
said street to Wadsworth Avenue, thence northerly along said avenue to
West 175th Street, thence westerly along said street to Fort Washington
Avenue, thence northerly along said avenue to West 177th Street, thence
easterly along said street to Broadway, thence northerly along Broadway
to Cumming Street, thence along said street to Seaman Avenue, thence
easterly along said avenue to Academy Street, thence southerly along
said street to Cooper Street, thence easterly along said street to West
204th Street, thence southerly along said street to Broadway, thence
easterly along Broadway to West 207th Street, thence southerly along
said street to Vermilyea Avenue, thence easterly along said avenue to
Isham Street, thence northerly along said street to Broadway, thence
easterly along Broadway to West 215th Street, thence northerly along
said street to Seaman Avenue, thence westerly along said avenue to West
207th Street, thence northerly along said street to where it meets a
line extended from Payson Avenue, thence westerly along said line
extended to Payson Avenue, thence along said avenue to Dyckman Street,
thence northerly along said street to Staff Street, thence southerly
along said street to Riverside Drive, thence westerly along said drive
to the exit ramp of the Henry Hudson Parkway Northbound, thence
southerly along said ramp to the Henry Hudson Parkway Northbound, thence
northerly along said parkway to the on-ramp of the Henry Hudson Parkway
Southbound, thence southerly along said ramp to the Henry Hudson Parkway
Southbound, thence northerly along said parkway to Exit 17, thence
southwesterly on a line extended from said exit to a point where it
meets a line extended from Dyckman Street, thence westerly along said
line extended to the New York state line, thence northerly along said
state line to the New York/Bronx county line, thence easterly along said
county line, thence southerly along said line to its intersection with
extended West 202nd Street, the point of beginning.
(ii) In the county of New York, Beginning at a point where West 215th
Street meets Broadway, thence westerly along Broadway to Isham Street,
thence southeasterly along said street to Vermilyea Avenue, thence
westerly along said avenue to West 207th Street, thence northerly along
said street to Broadway, thence westerly along Broadway to West 204th
Street, thence northerly along said street to Cooper Street, thence
westerly along said street to Academy Street, thence northerly along
said street to Seaman Avenue, thence westerly along said avenue to
Cumming Street, thence southerly along said street to Broadway, thence
southerly along Broadway to West 177th Street, thence westerly along
said street to Fort Washington Avenue, thence southerly along said
avenue to West 175th Street, thence easterly along said street to
Wadsworth Avenue, thence southerly along said avenue to West 174th
Street, thence westerly along said street to Broadway, thence southerly
along Broadway to West 173rd Street, thence westerly along said street
to Fort Washington Avenue, thence southerly along said avenue to West
172nd Street, thence easterly along said street to Broadway, thence
southerly along Broadway to West 168th Street, thence westerly along
said street to Fort Washington Avenue, thence southerly along said
avenue to West 165th Street, thence easterly along said street to
Broadway, thence southerly along Broadway to West 162nd Street, thence
easterly along said street to St. Nicholas Avenue, thence northerly
along said avenue to West 166th Street, thence easterly along said
street to Amsterdam Avenue, thence northerly along said avenue to West
182nd Street, thence westerly along said street to Audubon Avenue,
thence northerly along said avenue to West 183rd Street, thence easterly
along said street to Amsterdam Avenue, thence northerly along said
avenue to West 184th Street, thence westerly along said street to
Audubon Avenue, thence northerly along said avenue to West 186th Street,
thence easterly along said street to Amsterdam Avenue, thence northerly
along said avenue to West 190th Street, thence westerly along said
street to Audubon Avenue, thence northerly along said avenue to Fort
George Avenue, thence along said avenue to the southwestern border of
High Bridge Park, thence westerly along said border to Fort George Hill,
thence northerly along said hill to Nagle Avenue, thence easterly along
said avenue to Dyckman Street, thence southerly along said street to
10th Avenue, thence northerly along said avenue to Academy Street,
thence southerly along said street to West 201st Street, thence easterly
along said street to 9th Avenue, thence northerly along said avenue to
West 202nd Street, thence easterly along said street to a line extending
to the New York/Bronx county line, thence southerly along said county
line to the point where the 145th Street Bridge intersects the New
York/Bronx county line, thence westerly along said bridge to West 145th
Street, thence along said street to Lenox Avenue (Malcolm X Boulevard),
thence northerly along said avenue to West 146th Street, thence westerly
along said street to 7th Avenue (Adam Clayton Powell Jr. Boulevard),
thence southerly along said avenue to West 144th Street, thence westerly
along said street to 8th Avenue (Frederick Douglass Boulevard), thence
northerly along said avenue to West 145th Street, thence westerly along
said street to St. Nicholas Avenue, thence northerly along said avenue
to West 149th Street, thence westerly along said street to Convent
Avenue, thence southerly along said avenue to West 148th Street, thence
westerly along said street to Amsterdam Avenue, thence northerly along
said avenue to West 151st Street, thence westerly along said street to
Broadway, thence southerly along Broadway to West 145th Street, thence
westerly along said street to Henry Hudson Parkway, thence southerly
along said parkway to St. Clair Place, thence westerly along said place
to extended St. Clair Place, thence along said extension to the New
York/New Jersey state line, thence northerly along said state line to
its intersection with extended Dyckman Street, thence easterly along
said extension to the shoreline of the Hudson River, thence
northeasterly to Exit 17 of the Henry Hudson Parkway Southbound, thence
southerly along said parkway to the onramp from Riverside Drive, thence
northerly along said ramp to the Henry Hudson Parkway Northbound, thence
southerly along said parkway to the exit ramp to Riverside Drive, thence
easterly along said ramp to Riverside Drive, thence along said drive to
Staff Street, thence northerly along said street to Dyckman Street,
thence southerly along said street to Payson Avenue, thence easterly
along said avenue to a point where extended Payson Avenue meets 207th
Street, thence southerly along said street to Seaman Avenue, thence
easterly along said avenue to West 215th Street, thence southerly along
said street to its intersection with Broadway, the point of beginning.
(iii) In the county of New York, Beginning at a point where the 145th
Street Bridge meets the New York/Bronx county line, thence southerly
along said county line to the CSX Railroad, thence westerly along said
railroad to Park Avenue, thence southerly along said avenue to East
132nd Street, thence westerly along said street to 5th Avenue, thence
southerly along said avenue to West 124th Street, thence westerly along
said street to Mount Morris Park West, thence southerly along said park
to West 121st Street, thence westerly along said street to Lenox Avenue,
thence southerly along said avenue to West 120th Street, thence easterly
along said street to 5th Avenue, thence southerly along said avenue to
East 118th Street, thence easterly along said street to Park Avenue,
thence southerly along said avenue to East 117th Street, thence westerly
along said street to 5th Avenue, thence southerly along said avenue to
West 115th Street, thence westerly along said street to Lenox Avenue,
thence northerly along said avenue to West 116th Street, thence westerly
along said street to Morningside Avenue, thence northerly along said
avenue to West 121st Street, thence easterly along said street to
Manhattan Avenue, thence northerly along said avenue to West 123rd
Street, thence westerly along said street to Morningside Avenue, thence
northerly along said avenue to West 124th Street, thence easterly along
said street to Frederick Douglass Boulevard, thence northerly along said
boulevard to West 125th Street, thence westerly along said street to
Morningside Avenue, thence northerly along said avenue to West 126th
Street, thence westerly along said street to Amsterdam Avenue, thence
along said avenue to West 129th Street, thence westerly along said
street to Broadway, thence southerly along Broadway to Tiemann Place,
thence westerly along said place to Riverside Drive, thence northerly
along said drive to Riverside Drive West, thence along said drive to
West 125th Street, thence along said street to Henry Hudson Parkway,
thence along said parkway to West 145th Street, thence easterly along
said street to Broadway, thence northerly along Broadway to West 151st
Street, thence easterly along said street to Amsterdam Avenue, thence
southerly along said avenue to West 148th Street, thence easterly along
said street to Convent Avenue, thence northerly along said avenue to
West 149th Street, thence easterly along said street to St. Nicholas
Avenue, thence southerly along said avenue to West 145th Street, thence
easterly along said street to Frederick Douglass Boulevard, thence
southerly along said boulevard to West 144th Street, thence easterly
along said street to Adam Clayton Powell Jr. Boulevard, thence northerly
along said boulevard to West 146th Street, thence easterly along said
street to Lenox Avenue (Malcolm X Boulevard), thence southerly along
said avenue to West 145th Street, thence easterly along said street to
the 145th Street Bridge, thence along said bridge to its intersection
with the New York/Bronx county line, the point of beginning.
(iv) In the county of New York, Beginning at a point where the New
York/Queens county border meets the East River at East 96th Street
Extended, thence westerly along a line connecting to East 96th Street,
excluding Mill Rock Park, thence westerly along East 96th Street to 2nd
Avenue, thence northerly along said avenue to East 97th Street, thence
westerly along said street to 3rd Avenue, thence southerly along said
avenue to East 95th Street, thence westerly along said street to Madison
Avenue, thence southerly along said avenue to East 92nd Street, thence
westerly along said street to 5th Avenue, thence northerly along said
avenue to Central Park North, thence westerly along said park to Adam
Clayton Powell Jr. Boulevard, thence northerly along said boulevard to
West 113th Street, thence westerly along said street to 8th Avenue,
thence northerly along said avenue to West 116th Street, thence easterly
along said street to Lenox Avenue, thence southerly along said avenue to
West 115th Street, thence easterly along said street to 5th Avenue,
thence northerly along said avenue to East 117th Street, thence easterly
along said street to Park Avenue, thence northerly along said avenue to
East 118th Street, thence westerly along said street to 5th Avenue,
thence northerly along said avenue to West 120th Street, thence westerly
along said street to Lenox Avenue, thence northerly along said avenue to
West 121st Street, thence easterly along said street to Mount Morris
Park West, thence northerly along said park to West 124th Street, thence
easterly along said street to 5th Avenue, thence northerly along said
avenue to East 132nd Street, thence easterly along said street to Park
Avenue, thence westerly along said avenue to CSX Railroad, thence
easterly along said railroad over the Harlem River to the New York/Bronx
county line, thence southerly along said county line to the New
York/Queens county line, thence southerly along said county line to East
96th Street Extended, the point of beginning.
(c) Any tax lots now existing or hereafter created which are located
entirely within the geographic area in the borough of The Bronx bounded
and described as follows:
(i) In the county of Bronx, Beginning at a point where Rodman Place
meets West Farms Road, thence southerly along said road to East 172nd
Street, thence westerly along said street to Boone Avenue, thence
southerly along said avenue to Jennings Street, thence westerly along
said street to Vyse Avenue, thence southerly along said avenue to
Freeman Street, thence westerly along said street to Intervale Avenue,
thence southerly along said avenue to Fox Street, thence along said
street to Home Street, thence westerly along said street to East 169th
Street, thence westerly along said street to Prospect Avenue, thence
southerly along said avenue to East 168th, thence westerly along said
street to Washington Avenue, thence northerly along said avenue to East
Tremont Avenue, thence easterly along said avenue to Crotona Parkway,
thence along said parkway to Cross Bronx Expressway, thence easterly
along said expressway to Longfellow Avenue, thence northerly along said
avenue to Rodman Place, thence easterly along said place to its
intersection with West Farms Road, the point of beginning.
(ii) In the county of Bronx, Beginning at a point where Belmont Street
meets Webster Avenue, thence southerly along Webster avenue to Claremont
Parkway, thence easterly along said parkway to Brook Avenue, thence
southerly along said avenue to East 171st Street, thence westerly along
said street to Webster Avenue, thence southerly along said avenue to
Park Avenue, thence westerly along said avenue to East 164th Street,
thence westerly along said street to Teller Avenue, thence northerly
along said avenue to East 165th Street, thence westerly along said
street to Grand Concourse, thence northerly along Grand concourse to
Mount Eden Parkway, thence easterly along said parkway to Clay Avenue,
thence southerly along said avenue to Belmont Street, thence easterly
along said street to Webster Avenue, the point of beginning.
(d) Any tax lots now existing or hereafter created which are located
entirely within the geographic area in the borough of Queens bounded and
described as follows:
(i) In the county of Queens, Beginning at a point where 54th Street
meets Broadway, thence southeasterly along Broadway to 64th Street,
thence southerly along said Street to 39th Avenue, thence westerly along
said avenue to 54th Street, thence northerly along said street to its
intersection with Broadway, the point of beginning.
(ii) In the County of Queens, Beginning at a point where 131st Street
meets Fowler Avenue, thence easterly along Fowler Avenue to College
Point Boulevard, thence northerly on said Boulevard to Interstate 678,
thence southerly along said Interstate to its intersection with Fowler
Avenue, the point of beginning.
(iii) In the County of Queens, Beginning at a point where 94 Street
meets 52nd Avenue, thence westerly along said avenue to 92nd Street,
thence northerly along said street to 50th Avenue, thence westerly along
said avenue to 91st Street, thence northerly along said street to 48th
Avenue, thence westerly along said avenue to 90th Street, thence
northerly along said street to Corona Avenue, thence westerly along said
avenue to 88th Street, thence northerly along said street to Long Island
Rail Road, thence westerly along said railroad to Broadway, thence
northerly along Broadway to Whitney Avenue, thence easterly along said
avenue to Ketcham Place, thence westerly along said place to Elmhurst
Avenue, thence northerly along said avenue to Judge Street, thence
westerly along said street to Britton Avenue, thence southerly along
said avenue to Broadway, thence westerly along Broadway to 41st Avenue,
thence westerly along said avenue to 75th Street, thence northerly along
said street to Broadway, thence westerly along Broadway to 74th Street,
thence southerly along said street to 41st Avenue, thence westerly along
said avenue to 73rd Street, thence southerly along said street to
Woodside Avenue, thence westerly along said avenue to CSX Railroad,
thence northerly along said railroad to 41st Avenue, thence westerly
along said Avenue to 69th Street, thence northerly along said street to
Roosevelt Avenue, thence easterly along said avenue to CSX Railroad,
thence along said railroad to Broadway, thence easterly along Broadway
to 69th Street, thence northerly along said street to 70th Street,
thence along said street to 69th Street, thence along said street to
35th Avenue, thence easterly along said avenue to 73rd Street, thence
southerly along said street to 37th Road, thence easterly along said
road to 75th Street, thence northerly along said street to 37th Avenue,
thence westerly along said avenue to 74th Street, thence northerly along
said street to 35th Avenue, thence easterly along said avenue to 81st
Street, thence northerly along said street to 34th Avenue, thence
easterly along said avenue to 82nd Street, thence southerly along said
street to 35th Avenue, thence easterly along said avenue to 84th Street,
thence southerly along said street to 37th Avenue, thence easterly along
said avenue to 85th Street, thence southerly along said street to
Roosevelt Avenue, thence easterly along said avenue to 88th Street,
thence northerly along said street to 37th Avenue, thence easterly along
said avenue to 90th Street, thence southerly along said street to
Roosevelt Avenue, thence easterly along said avenue to Elmhurst Avenue,
thence northerly along said avenue to 93rd Street, thence southerly
along said street to Roosevelt Avenue, thence easterly along said avenue
to 94th Street, thence southerly along said street to 43rd Avenue,
thence easterly along said avenue to 94th Street, thence southerly along
said street to Alstyne Avenue, thence westerly along said avenue to
Corona Avenue, thence easterly along said avenue to 94th Street, thence
southerly on said street to its intersection with 52nd Avenue, the point
of beginning.
(iv) In the county of Queens, Beginning at a point where 26th Avenue
meets 14th Street, thence southerly along said street to 34th Avenue,
thence westerly along said avenue to 12th Street, thence southerly along
said street to 40th Avenue, thence westerly along said avenue to 10th
Street, thence southerly along 10th Street to 41st Road, to the point
where a line extended from 11th Street meets Queens Plaza South, thence
southerly along 11th Street to 43rd Avenue, thence easterly along said
avenue to Jackson Avenue, thence westerly along said avenue to Purves
Street, thence southerly along said street to Thompson Avenue, thence
easterly along said avenue to Skillman Avenue, thence westerly along
said avenue to 49th Avenue, thence westerly along said avenue to 11th
Street, thence southerly along said street to the Queens/Kings county
border, thence westerly along said border to the New York/ Queens county
border, thence northerly to 26th Avenue, thence easterly along said
avenue to the point of beginning.
(e) Any tax lots now existing or hereafter created which are located
entirely within the geographic area in the borough of Staten Island
bounded and described as follows:
In the County of Richmond, Beginning at a point where Clifton Avenue
intersects Edgewater Street, thence northerly along said street to
Lynhurst Avenue, thence westerly along said avenue to Langere Place,
thence northerly along said place to Willow Avenue, thence westerly
along said avenue to Staten Island Rapid Transit Railroad, thence
northerly along said railroad to Staten Island Rapid Transit Railroad
east/west, thence westerly along said railroad to Chestnut Avenue,
thence northerly along said avenue to Mosel Avenue, thence southerly
along said avenue to Manton Place, thence westerly along said place to
Hanover Avenue, thence northerly along said avenue to Palma Drive,
thence westerly along said drive to Targee Street, thence northerly
along said street to Metcalfe Street, thence westerly along said street
to Van Duzer Street, thence southerly along said street to Hillside
Avenue, thence westerly along said avenue to Howard Avenue, thence
southerly along said avenue to Highland Avenue, thence northerly along
said avenue to Arlo Road, thence easterly along said road to Howard
Avenue, thence northerly along said avenue to Greta Place, thence
westerly along said place to Duncan Road, thence northerly along said
road to Theresa Place, thence westerly along said place to Victory
Boulevard, thence northerly along said boulevard to Forest Avenue,
thence westerly along said avenue to Brighton Avenue, thence
northeasterly along said avenue to Lafayette Avenue, thence northerly
along said avenue to Arnold street, thence westerly along said street to
Ellicott Place, thence northerly along said place to Prospect Avenue,
thence westerly along said avenue to Clinton Avenue, thence northerly
along said avenue to Henderson Avenue, thence westerly along said avenue
to Tysen Street, thence northerly along said street to Richmond Terrace,
thence westerly along said terrace to Jewett Avenue, thence southerly
along said avenue to Forest Avenue, thence westerly along said avenue to
Morningstar Road, thence southerly along said road to Monsey Place,
thence westerly along said place to Sanders Street, thence southerly
along said street to Wilcox Street, thence westerly along said street to
Eunice Place, thence northerly along said place to Forest Avenue, thence
westerly along said avenue to Heaney Avenue, thence southerly along said
avenue to Wilcox Street, thence westerly along said street to Amity
Place, thence northerly along said place to Wemple Street, thence
westerly along said street to South Avenue, thence northerly along said
avenue to Forest Avenue, thence westerly along said avenue to Goethals
Road North, thence along said road to Western Avenue, thence northerly
along said avenue to the Staten Island Rapid Transit Railroad, thence
easterly along said railroad to a line extended south from Holland
Avenue, thence northerly along said line extended to Holland Avenue,
thence along said avenue to Benjamin Place, thence easterly along said
place to Arlington Avenue, thence southerly along said avenue to
Arlington Place, thence easterly along said place to Grandview Avenue,
thence southerly along said avenue to Davidson Street, thence easterly
along said street to Andros Avenue, thence southerly along said avenue
to a line extended to the Staten Island Rapid Transit Railroad, thence
easterly along said railroad to Van Name Avenue, thence northerly along
said avenue to Richmond Terrace, thence easterly along said terrace to
Wright Avenue, thence northerly along said avenue to a line extended to
the northern shore of Staten Island, thence easterly along said
shoreline to Bayonne Bridge, thence northerly along said bridge to the
New York/New Jersey state line, thence easterly along said state line to
the Kings/Richmond county line, thence southerly along said county line
to a point where it meets a line extended from Clifton Avenue, thence
westerly along said line extended to the point where Clifton Avenue
intersects Edgewater Street, the point of beginning.
12. An agreement with the local housing agency to create or
substantially rehabilitate offsite housing units affordable to
households of low and moderate income, shall remain in full force and
effect. The housing units developed pursuant to such agreement shall
continue to make a building or buildings located in geographic exclusion
areas as defined in this subdivision eligible to receive benefits
pursuant to this section notwithstanding the provisions of subdivision
seven or nine of this section or any exemption cap provided in local law
provided that the agreement with the local housing agency was entered
into prior to December twenty-eighth, two thousand six and construction
of the building receiving benefits pursuant to this section is commenced
on or before June thirtieth, two thousand nine.
13. (a) As used in this subdivision, "UDC Large Scale Project" shall
mean a multi-phase project that (i) includes the development of at least
twenty-five hundred new dwelling units, (ii) is being implemented
pursuant to a General Project Plan adopted by the New York State Urban
Development Corporation and approved by Public Authorities Control Board
or is otherwise set forth in agreements with the New York State Urban
Development Corporation, (iii) includes a development over a single area
containing a number of contiguous city blocks, and (iv) the units in
which, in the aggregate for each successive fifteen hundred units of the
project rather than for each multiple dwelling containing such fifteen
hundred units and in the aggregate for the entire project rather than
for each multiple dwelling in the project, meet the requirements of
paragraph (c) of subdivision seven of this section.
(b) Except as otherwise provided in subparagraph (iv) of paragraph (a)
of this subdivision, no portion of a UDC Large Scale Project shall be
subject to the requirements of paragraph (c) of subdivision seven of
this section.
(c) With respect to any multiple dwelling in a UDC Large Scale Project
that meets the requirements of paragraph (c) of subdivision seven of
this section, the period of tax benefits awarded to such multiple
dwelling shall be the same as the period of tax benefits awarded under
clause (A) of subparagraph (iii) of paragraph (a) of subdivision two of
this section. With respect to any multiple dwelling in a UDC Large Scale
Project that does not meet the requirements of paragraph (c) of
subdivision seven of this section, the period of tax benefits awarded to
such multiple dwelling shall be the same as the period of tax benefits
awarded under clause (A) of subparagraph (ii) of paragraph (a) of
subdivision two of this section. The tax benefits awarded to any
multiple dwelling in a UDC Large Scale Project shall commence upon the
commencement of construction of such multiple dwelling, provided,
however, that such multiple dwelling meets all of the requirements for
tax benefits pursuant to this section. For each successive fifteen
hundred units of a UDC Large Scale Project, the local housing agency
must certify the completion of any affordable units, as defined in
subparagraph (i) of paragraph (a) of subdivision seven of this section,
required to qualify any multiple dwelling or multiple dwellings
comprising such fifteen hundred units for any tax benefits awarded
pursuant to this paragraph. The existence of such special certification
requirement and its financial impact upon all units, including, but not
limited to, revocation of tax benefits awarded pursuant to this
paragraph if such special certification requirement is not met, shall be
disclosed as a special risk in any offering plan for any units in a UDC
Large Scale Project.
(d) With respect to any UDC Large Scale Project located in whole or in
part within community district number eight in the borough of Brooklyn
in the city of New York, notwithstanding the provisions of subparagraph
(ii) of paragraph (d) of subdivision seven of this section, the priority
specified in such subparagraph shall be granted to the residents of
community districts two, three, six and eight of such borough.
14. The provisions of subdivisions seven and nine of this section
shall not apply to (1) multiple dwellings which commence construction
prior to July first, two thousand eight; or (2) where commencement of
construction is delayed as a result of litigation relating to a contract
for the purchase of real property entered into prior to December
twenty-eight, two thousand six and in which a judgment was entered prior
to the effective date of this subdivision provided that construction
commences within a reasonable time after final resolution of the
litigation; or (3) where benefits pursuant to this section are sought
for a building located on a site requiring environmental remediation
construction and a certificate of completion pursuant to section 27-1419
of the environmental conservation law has been issued prior to July
first, two thousand eight, provided that construction is completed
without undue delay; or (4) a project which (i) on or before December
thirty-first, two thousand six, such project receives special permits
pursuant to the New York city zoning resolution with respect to all
buildings to be constructed on the development site, and (ii) on
December thirty-first, two thousand six, a portion of such development
site was owned by the state of New York and contained a New York power
authority temporary generating facility, and (iii) such project
commenced construction before the later of three years from the
effective date of local law number fifty-eight of the city of New York
for the year two thousand six or eighteen months from the removal of all
such temporary generating facilities.
15. Paragraphs two through four of subdivision (a) of section 11-245
of the administrative code of the city of New York and subdivisions
(b-1) and (b-2) of section 11-245 of the administrative code of the city
of New York, as added by local law number fifty-eight of the city of New
York for the year two thousand six shall not apply to (1) multiple
dwellings which commence construction prior to July first, two thousand
eight; or (2) where commencement of construction is delayed as a result
of litigation relating to a contract for the purchase of real property
entered into prior to December twenty-eighth, two thousand six and in
which a judgment was entered prior to the effective date of this
subdivision provided that construction commences within a reasonable
time after final resolution of the litigation; or (3) where benefits
pursuant to this section are sought for a building located on a site
requiring environmental remediation construction and a certificate of
completion pursuant to section 27-1419 of the environmental conservation
law has been issued prior to July first, two thousand eight, provided
that construction is completed without undue delay; or (4) a project
which (i) on or before December thirty-first, two thousand six, such
project receives special permits pursuant to the New York city zoning
resolution with respect to all buildings to be constructed on the
development site, and (ii) on December thirty-first, two thousand six, a
portion of such development site was owned by the state of New York and
contained a New York power authority temporary generating facility, and
(iii) such project commenced construction before the later of three
years from the effective date of local law number fifty-eight of the
city of New York for the year two thousand six or eighteen months from
the removal of all such temporary generating facilities.
16. (a) Definitions. For the purposes of this subdivision:
(i) "Affordable New York Housing Program benefits" shall mean
exemption from real property taxation pursuant to this subdivision.
(ii) "Affordability option A" shall mean that, within any eligible
site: (A) not less than ten percent of the dwelling units are
affordable housing forty percent units; (B) not less than an additional
ten percent of the dwelling units are affordable housing sixty percent
units; (C) not less than an additional five percent of the dwelling
units are affordable housing one hundred thirty percent units; and (D)
such eligible site is developed without the substantial assistance of
grants, loans or subsidies provided by a federal, state or local
governmental agency or instrumentality pursuant to a program for the
development of affordable housing, except that such eligible site may
receive tax exempt bond proceeds and four percent tax credits.
(iii) "Affordability option B" shall mean that, within any eligible
site, (A) not less than ten percent of the dwelling units are affordable
housing seventy percent units, and (B) not less than an additional
twenty percent of the dwelling units are affordable housing one hundred
thirty percent units.
(iv) "Affordability option C" shall mean that, within any eligible
site excluding the geographic area south of ninety-sixth street in the
borough of Manhattan, and all other geographic areas in the city of New
York excluded pursuant to local law, (A) not less than thirty percent of
the dwelling units are affordable housing one hundred thirty percent
units, and (B) such eligible site is developed without the substantial
assistance of grants, loans or subsidies provided by a federal, state or
local governmental agency or instrumentality pursuant to a program for
the development of affordable housing.
(v) "Affordability option D" shall only apply to a homeownership
project, of which one hundred percent of the units shall have an average
assessed value not to exceed sixty-five thousand dollars upon the first
assessment following the completion date and where each owner of any
such unit shall agree, in writing, to maintain such unit as their
primary residence for no less than five years from the acquisition of
such unit.
(vi) "Affordability option E" shall mean that, within any eligible
site within the enhanced affordability area, such site must consist of
no less than three hundred rental dwelling units of which (A) not less
than ten percent of the rental dwelling units are affordable housing
forty percent units; (B) not less than an additional ten percent of the
rental dwelling units are affordable housing sixty percent units; (C)
not less than an additional five percent of the rental dwelling units
are affordable housing one hundred twenty percent units; and (D) such
eligible site is developed without the substantial assistance of grants,
loans or subsidies provided by a federal, state or local governmental
agency or instrumentality pursuant to a program for the development of
affordable housing, except that such eligible site may receive tax
exempt bond proceeds and four percent tax credits.
(vii) "Affordability option F" shall mean that, within any eligible
site within the enhanced affordability area, such site must consist of
no less than three hundred rental dwelling units of which (A) not less
than ten percent of the rental dwelling units are affordable housing
seventy percent units; and (B) not less than an additional twenty
percent of the rental dwelling units are affordable housing one hundred
thirty percent units.
(viii) "Affordability option G" shall mean that, within any eligible
site located within the Brooklyn enhanced affordability area or the
Queens enhanced affordability area, such site must consist of no less
than three hundred rental dwelling units of which (A) not less than
thirty percent of the rental dwelling units are affordable housing
one-hundred thirty percent units; and (B) such eligible site is
developed without the substantial assistance of grants, loans or
subsidies provided by a federal, state or local governmental agency or
instrumentality pursuant to a program for the development of affordable
housing.
(ix) "Affordability percentage" shall mean a fraction, the numerator
of which is the number of affordable housing units in an eligible site
and the denominator of which is the total number of dwelling units in
such eligible site.
(x) "Affordable housing forty percent unit" shall mean a dwelling unit
that: (A) is situated within the eligible site for which Affordable New
York Housing Program benefits are granted; and (B) upon initial rental
and upon each subsequent rental following a vacancy during the
restriction period or extended restriction period, as applicable, is
affordable to and restricted to occupancy by individuals or families
whose household income does not exceed forty percent of the area median
income, adjusted for family size, at the time that such household
initially occupies such dwelling unit.
(xi) "Affordable housing sixty percent unit" shall mean a dwelling
unit that: (A) is situated within the eligible site for which Affordable
New York Housing Program benefits are granted; and (B) upon initial
rental and upon each subsequent rental following a vacancy during the
restriction period or extended restriction period, as applicable, is
affordable to and restricted to occupancy by individuals or families
whose household income does not exceed sixty percent of the area median
income, adjusted for family size, at the time that such household
initially occupies such dwelling unit.
(xii) "Affordable housing seventy percent unit" shall mean a dwelling
unit that: (A) is situated within the eligible site for which Affordable
New York Housing Program benefits are granted; and (B) upon initial
rental and upon each subsequent rental following a vacancy during the
restriction period or extended restriction period, as applicable, is
affordable to and restricted to occupancy by individuals or families
whose household income does not exceed seventy percent of the area
median income, adjusted for family size, at the time that such household
initially occupies such dwelling unit.
(xiii) "Affordable housing one hundred twenty percent unit" shall mean
a dwelling unit that: (A) is situated within the eligible site for which
Affordable New York Housing Program benefits are granted; and (B) upon
initial rental and upon each subsequent rental following a vacancy
during the extended restriction period, is affordable to and restricted
to occupancy by individuals or families whose household income does not
exceed one hundred twenty percent of the area median income, adjusted
for family size, at the time that such household initially occupies such
dwelling unit.
(xiv) "Affordable housing one hundred thirty percent unit" shall mean
a dwelling unit that: (A) is situated within the eligible site for which
Affordable New York Housing Program benefits are granted; and (B) upon
initial rental and upon each subsequent rental following a vacancy
during the restriction period or extended restriction period, as
applicable, is affordable to and restricted to occupancy by individuals
or families whose household income does not exceed one hundred thirty
percent of the area median income, adjusted for family size, at the time
that such household initially occupies such dwelling unit.
(xv) "Affordable housing unit" shall mean, collectively and
individually, affordable housing forty percent units, affordable housing
sixty percent units, affordable housing seventy percent units,
affordable housing one hundred twenty percent units and affordable
housing one hundred thirty percent units.
(xvi) "Agency" shall mean the department of housing preservation and
development.
(xvii) "Application" shall mean an application for Affordable New York
Housing Program benefits.
(xviii) "Average hourly wage" shall mean the amount equal to the
aggregate amount of all wages and all employee benefits paid to, or on
behalf of, construction workers for construction work divided by the
aggregate number of hours of construction work.
(xix) "Brooklyn enhanced affordability area" shall mean any tax lots
now existing or hereafter created which are located entirely within
community boards one or two of the borough of Brooklyn bounded and
described as follows: All that piece or parcel of land situate and being
in the boroughs of Queens and Brooklyn, New York. Beginning at the point
of intersection of the centerline of Newtown Creek and the westerly
bounds of the East River; Thence southeasterly along the centerline of
Newtown Creek, said centerline also being the boundary between Queens
County to the northeast and Kings County to the southwest, to the point
of intersection with Greenpoint Avenue; Thence southwesterly along
Greenpoint Avenue, to the intersection with Kings Land Avenue; Thence
southerly along Kingsland Avenue to the intersection with Meeker Avenue;
Thence southwesterly along Meeker Avenue to the intersection with
Leonard Street; Thence southerly along Leonard Street to the
intersection with Metropolitan Avenue; Thence westerly along
Metropolitan Avenue to the intersection with Lorimer Street; Thence
southerly along Lorimer Street to the intersection with Montrose Avenue;
Thence westerly along Montrose Avenue to the intersection with Union
Avenue; Thence southerly along Union Avenue to the intersection with
Johnson Avenue; Thence westerly along Johnson Avenue to the intersection
with Broadway; Thence northwesterly along Broadway to the intersection
with Rutledge Street; Thence southwesterly along Rutledge Street to the
intersection with Kent Avenue and Classon Avenue; Thence southwesterly
and southerly along Classon Avenue to the intersection with Dekalb
Avenue; Thence westerly along Dekalb Avenue to the intersection with
Bond Street; Thence southwesterly along Bond Street to the intersection
with Wyckoff Street; Thence northwesterly along Wyckoff Street to the
intersection with Hoyt Street; Thence southwesterly along Hoyt Street to
the intersection with Warren Street; Thence northwesterly along Warren
Street to the intersection with Court Street; Thence northeasterly along
Court Street to the intersection with Atlantic Avenue; Thence
northwesterly along Atlantic Avenue, crossing under The Brooklyn Queens
Expressway (aka Interstate 278), to the terminus of Atlantic Avenue at
the Brooklyn Bridge Park/Pier 6; Thence northwesterly passing through
the Brooklyn Bridge Park to the bulkhead of the East River at Pier 6;
Thence in a general northeasterly direction along the easterly bulkhead
or shoreline of the East River to the intersection with the centerline
of Newtown Creek, and the point or place of Beginning.
(xx) "Building service employee" shall mean any person who is
regularly employed at, and performs work in connection with the care or
maintenance of, an eligible site, including, but not limited to, a
watchman, guard, doorman, building cleaner, porter, handyman, janitor,
gardener, groundskeeper, elevator operator and starter, and window
cleaner, but not including persons regularly scheduled to work fewer
than eight hours per week at the eligible site.
(xxi) "Commencement date" shall mean, with respect to any eligible
multiple dwelling, the date upon which excavation and construction of
initial footings and foundations lawfully begins in good faith or, for
an eligible conversion, the date upon which the actual construction of
the conversion, alteration or improvement of the pre-existing building
or structure lawfully begins in good faith.
(xxii) "Completion date" shall mean, with respect to any eligible
multiple dwelling, the date upon which the local department of buildings
issues the first temporary or permanent certificate of occupancy
covering all residential areas of an eligible multiple dwelling.
(xxiii) "Construction period" shall mean, with respect to any eligible
multiple dwelling, a period: (A) beginning on the later of the
commencement date of such eligible multiple dwelling or three years
before the completion date of such eligible multiple dwelling; and (B)
ending on the day preceding the completion date of such eligible
multiple dwelling.
(xxiv) "Construction work" shall mean the provision of labor performed
on an eligible site between the commencement date and the completion
date, whereby materials and constituent parts are combined to initially
form, make or build an eligible multiple dwelling, including without
limitation, painting, or providing of material, articles, supplies or
equipment in the eligible multiple dwelling, but excluding security
personnel and work related to the fit-out of commercial spaces.
(xxv) "Construction workers" shall mean all persons performing
construction work who (A) are paid on an hourly basis and (B) are not in
a management or executive role or position.
(xxvi) "Contractor certified payroll report" shall mean an original
payroll report submitted by a contractor or sub-contractor to the
independent monitor setting forth to the best of the contractor's or
sub-contractor's knowledge, the total number of hours of construction
work performed by construction workers, the amount of wages and employee
benefits paid to construction workers for construction work.
(xxvii) "Eligible conversion" shall mean the conversion, alteration or
improvement of a pre-existing building or structure resulting in a
multiple dwelling in which no more than forty-nine percent of the floor
area consists of such pre-existing building or structure.
(xxviii) "Eligible multiple dwelling" shall mean a multiple dwelling
or homeownership project containing six or more dwelling units created
through new construction or eligible conversion for which the
commencement date is after December thirty-first, two thousand fifteen
and on or before June fifteenth, two thousand twenty-two, and for which
the completion date is on or before June fifteenth, two thousand
twenty-six.
(xxix) "Eligible site" shall mean either: (A) a tax lot containing an
eligible multiple dwelling; or (B) a zoning lot containing two or more
eligible multiple dwellings that are part of a single application.
(xxx) "Employee benefits" shall mean all supplemental compensation
paid by the employer, on behalf of construction workers, other than
wages, including, without limitation, any premiums or contributions made
into plans or funds that provide health, welfare, non-occupational
disability coverage, retirement, vacation benefits, holiday pay, life
insurance and apprenticeship training. The value of any employee
benefits received shall be determined based on the prorated hourly cost
to the employer of the employee benefits received by construction
workers.
(xxxi) "Enhanced affordability area" shall mean the Manhattan enhanced
affordability area, the Brooklyn enhanced affordability area and the
Queens enhanced affordability area.
(xxxii) "Enhanced thirty-five year benefit" shall mean: (A) for the
construction period, a one hundred percent exemption from real property
taxation, other than assessments for local improvements; and (B) for the
next thirty-five years of the extended restriction period, a one hundred
percent exemption from real property taxation, other than assessments
for local improvements.
(xxxiii) "Extended restriction period" shall mean a period commencing
on the completion date and expiring on the fortieth anniversary of the
completion date, notwithstanding any earlier termination or revocation
of Affordable New York Housing Program benefits.
(xxxiv) "Fiscal officer" shall mean the comptroller or other analogous
officer in a city having a population of one million or more.
(xxxv) "Floor area" shall mean the horizontal areas of the several
floors, or any portion thereof, of a dwelling or dwellings, and
accessory structures on a lot measured from the exterior faces of
exterior walls, or from the center line of party walls.
(xxxvi) "Four percent tax credits" shall mean federal low income
housing tax credits computed in accordance with clause (ii) of
subparagraph (B) of paragraph (1) of subsection (b) of section forty-two
of the internal revenue code of nineteen hundred eighty-six, as amended.
(xxxvii) "Homeownership project" shall mean a multiple dwelling or
portion thereof operated as condominium or cooperative housing, however,
it shall not include a multiple dwelling or portion thereof operated as
cooperative or condominium housing located within the borough of
Manhattan, and shall not include a multiple dwelling that contains more
than thirty-five units.
(xxxviii) "Independent monitor" shall mean an accountant licensed and
in good standing pursuant to article one hundred forty-nine of the
education law.
(xxxix) "Job action" shall mean any delay, interruption or
interference with the construction work caused by the actions of any
labor organization or concerted action of any employees at the eligible
site, including without limitation, strikes, sympathy strikes, work
stoppages, walk outs, slowdowns, picketing, bannering, hand billing,
demonstrations, sickouts, refusals to cross a picket line, refusals to
handle struck business, and use of the rat or other inflatable balloons
or similar displays.
(xl) "Market unit" shall mean a dwelling unit in an eligible multiple
dwelling other than an affordable housing unit.
(xli) "Multiple dwelling" shall have the meaning set forth in the
multiple dwelling law.
(xlii) "Non-residential tax lot" shall mean a tax lot that does not
contain any dwelling units.
(xliii) "Manhattan enhanced affordability area" shall mean any tax
lots now existing or hereafter created located entirely south of 96th
street in the borough of Manhattan.
(xliv) "Project labor agreement" shall mean a pre-hire collective
bargaining agreement setting forth the terms and conditions of
employment for the construction workers on an eligible site.
(xlv) "Project-wide certified payroll report" shall mean a certified
payroll report submitted by the independent monitor to the fiscal
officer based on each contractor certified payroll report which sets
forth the total number of hours of construction work performed by
construction workers, the aggregate amount of wages and employee
benefits paid to construction workers for construction work and the
average hourly wage.
(xlvi) "Queens enhanced affordability area" shall mean any tax lots
now existing or hereafter created which are located entirely within
community boards one or two of the borough of Queens bounded and
described as follows: All that piece or parcel of land situate and being
in the boroughs of Queens and Brooklyn, New York. Beginning at the point
being the intersection of the easterly shore of the East River with a
line of prolongation of 20th Avenue projected northwesterly; Thence
southeasterly on the line of prolongation of 20th Avenue and along 20th
Avenue to the intersection with 31st Street; Thence southwesterly along
31st Street to the intersection with Northern Boulevard; Thence
southwesterly along Northern Boulevard to the intersection with Queens
Boulevard (aka Route 25); Thence southeasterly along Queens Boulevard to
the intersection with Van Dam Street; Thence southerly along Van Dam
Street to the intersection with Borden Avenue; Thence southwesterly
along Van Dam Street to the intersection with Greenpoint Avenue and
Review Avenue; Thence southwesterly along Greenpoint Avenue to the point
of intersection with the centerline of Newtown Creek, said centerline of
Newtown Creek also being the boundary between Queens County to the north
and Kings County to the south; Thence northwesterly along the centerline
of Newtown Creek, also being the boundary between Queens County and
Kings County to its intersection with the easterly bounds of the East
River; Thence in a general northeasterly direction along the easterly
bulkhead or shoreline of the East River to the point or place of
Beginning.
(xlvii) "Rent stabilization" shall mean, collectively, the rent
stabilization law of nineteen hundred sixty-nine, the rent stabilization
code, and the emergency tenant protection act of nineteen seventy-four,
all as in effect as of the effective date of the chapter of the laws of
two thousand fifteen that added this subdivision or as amended
thereafter, together with any successor statutes or regulations
addressing substantially the same subject matter.
(xlviii) "Rental project" shall mean an eligible site in which all
dwelling units included in any application are operated as rental
housing.
(xlix) "Residential tax lot" shall mean a tax lot that contains
dwelling units.
(l) "Restriction period" shall mean a period commencing on the
completion date and expiring on the thirty-fifth anniversary of the
completion date, notwithstanding any earlier termination or revocation
of Affordable New York Housing Program benefits.
(li) "Tax exempt bond proceeds" shall mean the proceeds of an exempt
facility bond, as defined in paragraph (7) of subsection (a) of section
one hundred forty-two of the internal revenue code of nineteen hundred
eighty-six, as amended, the interest upon which is exempt from taxation
under section one hundred three of the internal revenue code of nineteen
hundred eighty-six, as amended.
(lii) "Third party fund administrator" shall be a person or entity
that receives funds pursuant to paragraph (c) of this subdivision and
oversees and manages the disbursal of such funds to construction
workers. The third party fund administrator shall be a person or entity
approved by the fiscal officer and recommended by one, or more,
representative or representatives of the largest trade association of
residential real estate developers, either for profit or not-for-profit,
in New York city and one, or more, representative or representatives of
the largest trade labor association representing building and
construction workers, with membership in New York city. The third party
fund administrator shall be appointed for a term of three years,
provided, however, that the administrator in place at the end of a three
year term shall continue to serve beyond the end of the term until a
replacement administrator is appointed. The fiscal officer after
providing notice and after meeting with the third party fund
administrator, may remove such administrator for cause upon a fiscal
officer determination that the administrator has been ineffective at
overseeing or managing the disbursal of funds to the construction
workers. The third party fund administrator shall, at the request of the
fiscal officer, submit reports to the fiscal officer.
(liii) "Thirty-five year benefit" shall mean: (A) for the construction
period, a one hundred percent exemption from real property taxation,
other than assessments for local improvements; (B) for the first
twenty-five years of the restriction period, a one hundred percent
exemption from real property taxation, other than assessments for local
improvements; and (C) for the final ten years of the restriction period,
an exemption from real property taxation, other than assessments for
local improvements, equal to the affordability percentage.
(liv) "Twenty year benefit" shall mean: (A) for the construction
period, a one hundred percent exemption from real property taxation,
other than assessments for local improvements; (B) for the first
fourteen years of the restriction period, a one hundred percent
exemption from real property taxation, other than assessments for local
improvements, provided, however, that no exemption shall be given for
any portion of a unit's assessed value that exceeds $65,000; and (C) for
the next six years of the restriction period, a twenty-five percent
exemption from real property taxation, other than assessments for local
improvements, provided, however, that no exemption shall be given for
any portion of a unit's assessed value that exceeds $65,000.
(lv) "Wages" shall mean all compensation, remuneration or payments of
any kind paid to, or on behalf of, construction workers, including,
without limitation, any hourly compensation paid directly to the
construction worker, together with employee benefits, such as health,
welfare, non-occupational disability coverage, retirement, vacation
benefits, holiday pay, life insurance and apprenticeship training, and
payroll taxes, including, to the extent permissible by law, all amounts
paid for New York state unemployment insurance, New York state
disability insurance, metropolitan commuter transportation mobility tax,
federal unemployment insurance and pursuant to the federal insurance
contributions act or any other payroll tax that is paid by the employer.
(b) Benefit. In cities having a population of one million or more,
notwithstanding the provisions of any other subdivision of this section
or of any general, special or local law to the contrary, new eligible
sites, except hotels, that comply with the provisions of this
subdivision shall be exempt from real property taxation, other than
assessments for local improvements, in the amounts and for the periods
specified in this paragraph. A rental project that meets all of the
requirements of this subdivision shall receive a thirty-five year
benefit and a homeownership project that meets all of the requirements
of this subdivision shall receive a twenty year benefit. A rental
project that also meets all of the requirements of paragraph (c) of this
subdivision shall receive an enhanced thirty-five year benefit.
(c) In addition to all other requirements set forth in this
subdivision, rental projects containing three hundred or more rental
dwelling units located within the enhanced affordability area shall
comply with the requirements set forth in this paragraph. For purposes
of this paragraph, "contractor" shall mean any entity which by agreement
with another party (including subcontractors) undertakes to perform
construction work at an eligible site and "applicant" shall mean an
applicant for Affordable New York Housing Program benefits and any
successor thereto.
(i) Such rental project shall comply with either affordability option
E, affordability option F or affordability option G.
(ii) The minimum average hourly wage paid to construction workers on
an eligible site within the Manhattan enhanced affordability area shall
be no less than sixty dollars per hour. Three years from the effective
date of the chapter of the laws of two thousand seventeen that added
this paragraph and every three years thereafter, the minimum average
hourly wage shall be increased by five percent; provided, however, that
any building with a commencement date prior to the date of such increase
shall be required to pay the minimum average hourly wage as required on
its commencement date.
(iii) The minimum average hourly wage paid to construction workers on
an eligible site within the Brooklyn enhanced affordability area or the
Queens enhanced affordability area shall be no less than forty-five
dollars per hour. Three years from the effective date of the chapter of
the laws of two thousand seventeen that added this paragraph and every
three years thereafter, the minimum average hourly wage shall be
increased by five percent; provided, however, that any building with a
commencement date prior to the date of such increase shall be required
to pay the minimum average hourly wage as required on its commencement
date.
(iv) The requirements of subparagraphs (ii) and (iii) of this
paragraph shall not be applicable to:
(A) an eligible multiple dwelling in which at least fifty percent of
the dwelling units upon initial rental and upon each subsequent rental
following a vacancy during the extended restriction period, are
affordable to and restricted to occupancy by individuals or families
whose household income does not exceed one hundred twenty-five percent
of the area median income, adjusted for family size, at the time that
such household initially occupies such dwelling unit;
(B) any portion of an eligible multiple dwelling which is owned and
operated as a condominium or cooperative; or
(C) at the option of the applicant, to an eligible site subject to a
project labor agreement.
(v) The applicant shall contract with an independent monitor. Such
independent monitor shall submit to the fiscal officer within one year
of the completion date a project-wide certified payroll report. In the
event such project-wide certified payroll report is not submitted to the
fiscal officer within the requisite time, the applicant shall be subject
to a fine of one thousand dollars per week, or any portion thereof;
provided that the maximum fine shall be seventy-five thousand dollars.
In the event that the average hourly wage is less than the minimum
average hourly wage set forth in subparagraph (ii) or (iii) of this
paragraph as applicable, the project-wide certified payroll report shall
also set forth the aggregate amount of such deficiency.
(vi) The contractor certified payroll report shall be submitted by
each contractor and sub-contractor no later than ninety days after the
completion of construction work by such contractor or sub-contractor. In
the event that a contractor or sub-contractor fails or refuses to submit
the contractor certified payroll report within the time prescribed in
this subparagraph, the independent monitor shall notify the fiscal
officer and the fiscal officer shall be authorized to fine such
contractor or sub-contractor in the amount of one thousand dollars per
week, or any portion thereof, provided that the maximum fine shall be
seventy-five thousand dollars.
(vii) In the event that the project-wide certified payroll report
shows that the average hourly wage as required by subparagraph (ii) or
(iii) of this paragraph, as applicable, was not paid, (A) if the average
hourly wage is within fifteen percent of the average hourly wage
required by subparagraph (i) or (ii) of this paragraph, as applicable,
then no later than one hundred twenty days from the date of submission
of such project-wide certified payroll report, the applicant shall pay
to the third party fund administrator an amount equal to the amount of
the deficiency set forth in the project-wide certified payroll report.
The third party fund administrator shall distribute such payment to the
construction workers who performed construction work on such eligible
site. Prior to making such repayment, the third party fund administrator
shall submit to the fiscal officer a plan subject to the fiscal
officer's approval setting forth the manner in which the third party
fund administrator will reach the required average wage within one
hundred fifty days of receiving the payment from the applicant and how
any remaining funds will be disbursed in the event that the third party
fund administrator cannot distribute the funds to the construction
workers within one year of receiving fiscal officer approval. In the
event that the applicant fails to make such payment within the time
period prescribed in this subparagraph, the applicant shall be subject
to a fine of one thousand dollars per week provided that the maximum
fine shall be seventy-five thousand dollars; or (B) if the average
hourly wage is more than fifteen percent below the minimum average
hourly wage required by subparagraph (i) or (ii) of this paragraph, as
applicable, then no later than one hundred twenty days from the date of
submission of such project-wide certified payroll report, the applicant
shall pay to the third party fund administrator an amount equal to the
amount of the deficiency set forth in the project-wide payroll report.
The third party fund administrator shall distribute such payment to the
construction workers who performed construction work on such eligible
site. Prior to making such repayment, the third party fund administrator
shall submit to the fiscal officer a plan subject to the fiscal
officer's approval setting forth the manner in which the third party
fund administrator will reach the required average wage within one
hundred fifty days of receiving the payment from the applicant and how
any remaining funds will be disbursed in the event that the third party
fund administrator cannot distribute the funds to the construction
workers within one year of receiving fiscal officer approval. In
addition, the fiscal officer shall impose a penalty on the applicant in
an amount equal to twenty-five percent of the amount of the deficiency,
provided, however, that the fiscal officer shall not impose such penalty
where the eligible multiple dwelling has been the subject of a job
action which results in a work delay. In the event that the applicant
fails to make such payment within the time period prescribed in this
subparagraph, the applicant shall be subject to a fine of one thousand
dollars per week, provided that the maximum fine shall be seventy-five
thousand dollars. Notwithstanding any provision of this paragraph, the
applicant shall not be liable in any respect whatsoever for any
payments, fines or penalties related to or resulting from contractor
fraud, mistake, or negligence or for fraudulent or inaccurate contractor
certified payroll reports or for fraudulent or inaccurate project-wide
certified payroll reports, provided, however, that payment to the third
party fund administrator in the amount set forth in the project-wide
certified payroll report as described in this subparagraph shall still
be made by the contractor or sub-contractor in the event of underpayment
resulting from or caused by the contractor or sub-contractor, and that
the applicant will be liable for underpayment to the third party fund
administrator unless the fiscal officer determines, in its sole
discretion, that the underpayment was the result of, or caused by,
contractor fraud, mistake or negligence and/or for fraudulent or
inaccurate contractor certified payroll reports and/or project-wide
certified payroll reports. The applicant shall otherwise not be liable
in any way whatsoever once the payment to the third party fund
administrator has been made in the amount set forth in the project-wide
certified payroll report. Other than the underpayment, which must be
paid to the third party fund administrator, all fines and penalties set
forth in this paragraph imposed by the fiscal officer shall be paid to
the agency and used by the agency to provide affordable housing.
(viii) Nothing in this paragraph shall be construed to confer a
private right of action to enforce the provisions of this paragraph,
provided, however, that this sentence shall not be construed as a waiver
of any existing rights of construction workers or their representatives
related to wage and benefit collection, wage theft or other labor
protections or rights and provided, further, that nothing in this
paragraph relieves any obligations pursuant to a collective bargaining
agreement.
(ix) A rental project containing three hundred or more residential
dwelling units not located within the enhanced affordability area may
elect to comply with the requirements of this paragraph and be eligible
to receive an enhanced thirty-five year benefit. Such election shall be
made in the application and shall not thereafter be changed. Such rental
project shall comply with all of the requirements of this paragraph and
shall be deemed to be located within the Brooklyn enhanced affordability
area or the Queens enhanced affordability area for the purposes of this
paragraph.
(x) The fiscal officer shall have the sole authority to determine and
enforce any liability for underpayment owing to the third party fund
administrator from the applicant and/or the contractor (as a result of
contractor fraud, mistake or negligence and/or for fraudulent or
inaccurate contractor certified payroll reports and/or project-wide
certified payroll reports), as set forth in subparagraph (vii) of this
paragraph. The fiscal officer shall expeditiously conduct an
investigation and hearing at the New York City office of administrative
trials and hearings, shall determine the issues raised thereon and shall
make and file an order in his or her office stating such determination
and forthwith serve a copy of such order, either personally or by mail,
together with notice of filing, upon the parties to such proceedings.
The fiscal officer in such an investigation shall be deemed to be acting
in a judicial capacity and shall have the rights to issue subpoenas,
administer oaths and examine witnesses. The enforcement of a subpoena
issued under this subparagraph shall be regulated by the civil practice
law and rules. The filing of such order shall have the full force and
effect of a judgment duly docketed in the office of the county clerk.
The order may be enforced by and in the name of the fiscal officer in
the same manner, and with like effect, as that prescribed by the civil
practice law and rules for the enforcement of a money judgment.
(d) Tax payments. In addition to any other amounts payable pursuant to
this subdivision, the owner of any eligible site receiving Affordable
New York Housing Program benefits shall pay, in each tax year in which
such Affordable New York Housing Program benefits are in effect, real
property taxes and assessments as follows:
(i) with respect to each eligible multiple dwelling constructed on
such eligible site, real property taxes on the assessed valuation of
such land and any improvements thereon in effect during the tax year
prior to the commencement date of such eligible multiple dwelling,
without regard to any exemption from or abatement of real property
taxation in effect during such tax year, which real property taxes shall
be calculated using the tax rate in effect at the time such taxes are
due; and
(ii) all assessments for local improvements.
(e) Limitation on benefits for non-residential space. If the aggregate
floor area of commercial, community facility and accessory use space in
an eligible site, other than parking which is located not more than
twenty-three feet above the curb level, exceeds twelve percent of the
aggregate floor area in such eligible site, any Affordable New York
Housing Program benefits shall be reduced by a percentage equal to such
excess. If an eligible site contains multiple tax lots, the tax arising
out of such reduction in Affordable New York Housing Program benefits
shall first be apportioned pro rata among any non-residential tax lots.
After any such non-residential tax lots are fully taxable, the remainder
of the tax arising out of such reduction in Affordable New York Housing
Program benefits, if any, shall be apportioned pro rata among the
remaining residential tax lots.
(f) Calculation of benefit. Based on the certification of the agency
certifying the applicant's eligibility for Affordable New York Housing
Program benefits, the assessors shall certify to the collecting officer
the amount of taxes to be exempted.
(g) Affordability requirements. During the restriction period, a
rental project shall comply with either affordability option A,
affordability option B, or affordability option C or for purposes of a
homeownership project, such project shall comply with affordability
option D. Such election shall be made in the application and shall not
thereafter be changed. The rental project shall also comply with all
provisions of this paragraph during the restriction period and with
subparagraph (iii) of this paragraph both during and after the
restriction period to the extent provided in such subparagraph. A rental
project containing three hundred or more rental dwelling units located
in the enhanced affordability area or a rental project containing three
hundred or more rental dwelling units not located within the enhanced
affordability area which elects to comply with the requirements of
paragraph (c) of this subdivision shall comply with either affordability
option E, affordability option F, or affordability option G. Such
election shall be made in the application and shall not thereafter be
changed. Such rental project shall also comply with all provisions of
this paragraph during the extended restriction period and with
subparagraph (iii) of this paragraph both during and after the extended
restriction period to the extent provided in such paragraph.
(i) All rental dwelling units in an eligible multiple dwelling shall
share the same common entrances and common areas as market rate units in
such eligible multiple dwelling, and shall not be isolated to a specific
floor or area of an eligible multiple dwelling. Common entrances shall
mean any area regularly used by any resident of a rental dwelling unit
in the eligible multiple dwelling for ingress and egress from such
eligible multiple dwelling; and
(ii) Unless preempted by the requirements of a federal, state or local
housing program, either (A) the affordable housing units in an eligible
site shall have a unit mix proportional to the market units, or (B) at
least fifty percent of the affordable housing units in an eligible site
shall have two or more bedrooms and no more than twenty-five percent of
the affordable housing units shall have less than one bedroom.
(iii) Notwithstanding any provision of rent stabilization to the
contrary, all affordable housing units shall be fully subject to rent
stabilization during the restriction period or extended restriction
period, as applicable, provided that tenants holding a lease and in
occupancy of such affordable housing units at the expiration of the
restriction period or extended restriction period, as applicable, shall
have the right to remain as rent stabilized tenants for the duration of
their occupancy.
(iv) All rent stabilization registrations required to be filed
pursuant to subparagraph (iii) of this paragraph shall contain a
designation that specifically identifies affordable housing units
created pursuant to this subdivision as "Affordable New York Housing
Program affordable housing units" and shall contain an explanation of
the requirements that apply to all such affordable housing units.
(v) Failure to comply with the provisions of this paragraph that
require the creation, maintenance, rent stabilization compliance and
occupancy of affordable housing units or for purposes of a homeownership
project the failure to comply with affordability option D shall result
in revocation of any Affordable New York Housing Program benefits for
the period of such non-compliance.
(vi) Nothing in this subdivision shall (A) prohibit the occupancy of
an affordable housing unit by individuals or families whose income at
any time is less than the maximum percentage of the area median income,
adjusted for family size, specified for such affordable housing unit
pursuant to this subdivision, or (B) prohibit the owner of an eligible
site from requiring, upon initial rental or upon any rental following a
vacancy, the occupancy of any affordable housing unit by such lower
income individuals or families.
(vii) Following issuance of a temporary certificate of occupancy and
upon each vacancy thereafter, an affordable housing unit shall promptly
be offered for rental by individuals or families whose income does not
exceed the maximum percentage of the area median income, adjusted for
family size, specified for such affordable housing unit pursuant to this
subdivision and who intend to occupy such affordable housing unit as
their primary residence. An affordable housing unit shall not be (A)
rented to a corporation, partnership or other entity, or (B) held off
the market for a period longer than is reasonably necessary to perform
repairs needed to make such affordable housing unit available for
occupancy.
(viii) An affordable housing unit shall not be rented on a temporary,
transient or short-term basis. Every lease and renewal thereof for an
affordable housing unit shall be for a term of one or two years, at the
option of the tenant.
(ix) An affordable housing unit shall not be converted to cooperative
or condominium ownership.
(x) The agency may establish by rule such requirements as the agency
deems necessary or appropriate for (A) the marketing of affordable
housing units, both upon initial occupancy and upon any vacancy, (B)
monitoring compliance with the provisions of this paragraph and (C) the
marketing and monitoring of any homeownership project that is granted an
exemption pursuant to this subdivision. Such requirements may include,
but need not be limited to, retaining a monitor approved by the agency
and paid for by the owner.
(xi) Notwithstanding any provision of this subdivision to the
contrary, a market unit shall be subject to rent stabilization unless,
in the absence of Affordable New York Housing Program benefits, the
owner would be entitled to remove such market unit from rent
stabilization upon vacancy by reason of the monthly rent exceeding any
limit established thereunder.
(h) Building service employees. (i) For the purposes of this
paragraph, "applicant" shall mean an applicant for Affordable New York
Housing Program benefits, any successor to such applicant, or any
employer of building service employees for such applicant, including,
but not limited to, a property management company or contractor.
(ii) All building service employees employed by the applicant at the
eligible site shall receive the applicable prevailing wage for the
entire restriction period or extended restriction period, as applicable.
(iii) The fiscal officer shall have the power to enforce the
provisions of this paragraph. In enforcing such provisions, the fiscal
officer shall have the power:
(A) to investigate or cause an investigation to be made to determine
the prevailing wages for building service employees; in making such
investigation, the fiscal officer may utilize wage and fringe benefit
data from various sources, including, but not limited to, data and
determinations of federal, state or other governmental agencies;
(B) to institute and conduct inspections at the site of the work or
elsewhere;
(C) to examine the books, documents and records pertaining to the
wages paid to, and the hours of work performed by, building service
employees;
(D) to hold hearings and, in connection therewith, to issue subpoenas,
administer oaths and examine witnesses; the enforcement of a subpoena
issued under this paragraph shall be regulated by the civil practice law
and rules;
(E) to make a classification by craft, trade or other generally
recognized occupational category of the building service employees and
to determine whether such work has been performed by the building
service employees in such classification;
(F) to require the applicant to file with the fiscal officer a record
of the wages actually paid by such applicant to the building service
employees and of their hours of work;
(G) to delegate any of the foregoing powers to his or her deputy or
other authorized representative; and
(H) to promulgate rules as he or she shall consider necessary for the
proper execution of the duties, responsibilities and powers conferred
upon him or her by the provisions of this subparagraph.
(iv) If the fiscal officer finds that the applicant has failed to
comply with the provisions of this paragraph, he or she shall present
evidence of such noncompliance to the agency.
(v) Subparagraph (ii) of this paragraph shall not be applicable to:
(A) an eligible multiple dwelling containing less than thirty dwelling
units; or
(B) an eligible multiple dwelling in which all of the dwelling units
are affordable housing units and not less than fifty percent of such
affordable housing units, upon initial rental and upon each subsequent
rental following a vacancy during the restriction period or extended
restriction period, as applicable, are affordable to and restricted to
occupancy by individuals or families whose household income does not
exceed one hundred twenty-five percent of the area median income,
adjusted for family size, at the time that such household initially
occupies such dwelling unit.
(i) Replacement ratio. If the land on which an eligible site is
located contained any dwelling units three years prior to the
commencement date of the first eligible multiple dwelling thereon, then
such eligible site shall contain at least one affordable housing unit
for each dwelling unit that existed on such date and was thereafter
demolished, removed or reconfigured.
(j) Concurrent exemptions or abatements. An eligible multiple dwelling
receiving Affordable New York Housing Program benefits shall not receive
any exemption from or abatement of real property taxation under any
other law.
(k) Voluntary renunciation or termination. Notwithstanding the
provisions of any general, special or local law to the contrary, an
owner shall not be entitled to voluntarily renounce or terminate any
Affordable New York Housing Program benefits unless the agency
authorizes such renunciation or termination in connection with the
commencement of a new tax exemption pursuant to either the private
housing finance law or section four hundred twenty-c of this title.
(l) Termination or revocation. The agency may terminate or revoke
Affordable New York Housing Program benefits for noncompliance with this
subdivision, provided, however, that the agency shall not terminate or
revoke Affordable New York Housing Program benefits for a failure to
comply with paragraph (c) of this subdivision. If Affordable New York
Housing Program benefits are terminated or revoked for noncompliance
with this subdivision, (i) all of the affordable housing units shall
remain subject to rent stabilization and all other requirements of this
subdivision for the restriction period or extended restriction period,
as applicable, and any additional period expressly provided in this
subdivision, as if the Affordable New York Housing Program benefits had
not been terminated or revoked; (ii) all of the market rate housing
units shall remain subject to rent stabilization and all other
requirements of this subdivision for the restriction period or extended
restriction period, as applicable, and any additional period expressly
provided in this subdivision, as if the Affordable New York Housing
Program benefits had not been terminated or revoked, provided, however,
that the owner shall still be entitled to remove such market unit from
rent stabilization upon vacancy by reason of the monthly rent exceeding
any limit established thereunder; (iii) or for a homeownership project
such project shall continue to comply with affordability option D of
this subdivision and all other requirements of this subdivision for the
restriction period and any additional period expressly provided in this
subdivision, as if the Affordable New York Housing Program benefits had
not been terminated or revoked.
(m) Powers cumulative. The enforcement provisions of this subdivision
shall not be exclusive, and are in addition to any other rights,
remedies, or enforcement powers set forth in any other law or available
at law or in equity.
(n) Multiple tax lots. If an eligible site contains multiple tax lots,
an application may be submitted with respect to one or more of such tax
lots. The agency shall determine eligibility for Affordable New York
Housing Program benefits based upon the tax lots included in such
application and benefits for each multiple dwelling shall be based upon
the completion date of such multiple dwelling.
(o) Applications. (i) The application with respect to any eligible
multiple dwelling shall be filed with the agency not later than one year
after the completion date of such eligible multiple dwelling.
(ii) Notwithstanding the provisions of any general, special or local
law to the contrary, the agency may require by rule that applications be
filed electronically.
(iii) The agency may rely on certification by an architect or engineer
submitted by an applicant in connection with the filing of an
application. A false certification by such architect or engineer shall
be deemed to be professional misconduct pursuant to section sixty-five
hundred nine of the education law. Any licensee found guilty of such
misconduct under the procedures prescribed in section sixty-five hundred
ten of the education law shall be subject to the penalties prescribed in
section sixty-five hundred eleven of the education law, and shall
thereafter be ineligible to submit a certification pursuant to this
subdivision.
(iv) The agency shall not require that the applicant demonstrate
compliance with the requirements of paragraph (c) of this subdivision as
a condition to approval of the application.
(p) Filing fee. The agency may require a filing fee of three thousand
dollars per dwelling unit in connection with any application. However,
the agency may promulgate rules imposing a lesser fee for eligible sites
containing eligible multiple dwellings constructed with the substantial
assistance of grants, loans or subsidies provided by a federal, state or
local governmental agency or instrumentality pursuant to a program for
the development of affordable housing.
(q) Rules. Except as provided in paragraphs (c) and (h) of this
subdivision, the agency shall have the sole authority to enforce the
provisions of this subdivision and may promulgate rules to carry out the
provisions of this subdivision.
(r) Election. Notwithstanding anything in this subdivision to the
contrary, a rental project or homeownership project with a commencement
date on or before December thirty-first, two thousand fifteen that has
not received benefits pursuant to this section prior to the effective
date of the chapter of the laws of two thousand fifteen that added this
subdivision may elect to comply with this subdivision and receive
Affordable New York Housing Program benefits pursuant to this
subdivision.
17. (a) Definitions. For purposes of this subdivision:
(i) "Affordable housing eighty percent units" shall mean dwelling
units that: (A) are situated within the extended affordability property;
(B) upon initial rental and upon each subsequent rental following a
vacancy during the extended affordability period, are each affordable
and restricted to occupancy by individuals or families whose household
income does not exceed one hundred percent of the area median income,
adjusted for family size, at the time that such household initially
occupies such dwelling unit; and (C) upon initial rental and upon each
subsequent rental following a vacancy during the extended affordability
period, are collectively affordable and restricted to occupancy by
individuals or families whose household income does not exceed an
average of eighty percent of the area median income, adjusted for family
size, at the time that such household initially occupies such dwelling
unit.
(ii) "Affordable housing one hundred thirty percent units" shall mean
dwelling units that: (A) are situated within an extended affordability
property; and (B) upon initial rental and upon each subsequent rental
following a vacancy during the extended affordability period, are each
affordable and restricted to occupancy by individuals or families whose
household income does not exceed one hundred thirty percent of the area
median income, adjusted for family size, at the time that such household
initially occupies such dwelling unit.
(iii) "Affordable housing unit" shall mean, collectively and
individually, affordable housing eighty percent units and affordable
housing one hundred thirty percent units.
(iv) "Agency" shall mean the department of housing preservation and
development.
(v) "Application" shall mean an application for extended benefits
pursuant to this subdivision.
(vi) "Building service employee" shall mean any person who is
regularly employed at, and performs work in connection with the care or
maintenance of, an extended affordability property, including, but not
limited to, a watchman, guard, doorman, building cleaner, porter,
handyman, janitor, gardener, groundskeeper, elevator operator and
starter, and window cleaner, but not including persons regularly
scheduled to work fewer than eight hours per week in the extended
affordability property.
(vii) "Commencement date" shall mean the later of: (A) the expiration
date; or (B) the restrictive declaration date.
(viii) "Expiration date" shall mean the date upon which benefits
granted to a twenty year benefit property or twenty-five year benefit
property pursuant to this section prior to the effective date of the
chapter of the laws of two thousand fifteen that added this subdivision
would expire.
(ix) "Extended affordability period" shall mean, notwithstanding any
earlier termination or revocation of the extended benefit, the period
commencing upon the commencement date and ending: (A) fifteen years
thereafter for a twenty year benefit property; and (B) ten years
thereafter for a twenty-five year benefit property.
(x) "Extended affordability property" shall mean a twenty year benefit
property or a twenty-five year benefit property that complies with the
provisions of this subdivision.
(xi) "Extended affordability requirement" shall mean that, within any
extended affordability property: (A) not less than twenty percent of the
dwelling units are affordable housing eighty percent units; and (B) not
less than an additional five percent of the dwelling units are
affordable housing one hundred thirty percent units.
(xii) "Extended benefit" shall mean, for any extended affordability
property, a fifty percent exemption from real property taxation, other
than assessments for local improvements, for the extended affordability
period.
(xiii) "Fiscal officer" shall mean the comptroller or other analogous
officer in a city having a population of one million or more.
(xiv) "Floor area" shall mean the horizontal areas of the several
floors, or any portion thereof, of a dwelling or dwellings, and
accessory structures on a lot measured from the exterior faces of
exterior walls, or from the center line of party walls.
(xv) "Multiple dwelling" shall have the meaning set forth in the
multiple dwelling law.
(xvi) "Residential tax lot" shall mean a tax lot that contains
dwelling units.
(xvii) "Restrictive declaration" shall mean a document executed by all
parties in interest to the extended affordability property which
provides that, during the extended affordability period, the extended
affordability property shall comply with the extended affordability
requirement.
(xviii) "Restrictive declaration date" shall mean the date upon which
the restrictive declaration is recorded against the extended
affordability property.
(xix) "Twenty year benefit property" shall mean a multiple dwelling
that commenced construction prior to July first, two thousand eight and
that was granted benefits pursuant to this section prior to the
effective date of the chapter of the laws of two thousand fifteen that
added this subdivision due to its compliance with the requirements of
item b of clause (A) of subparagraph (iv) of paragraph (a) of
subdivision two of this section.
(xx) "Twenty-five year benefit property" shall mean a multiple
dwelling that commenced construction prior to July first, two thousand
eight and that was granted benefits pursuant to this section prior to
the effective date of the chapter of the laws of two thousand fifteen
that added this subdivision due to its compliance with the requirements
of item b of clause (D) of subparagraph (iii) of paragraph (a) of
subdivision two of this section.
(b) Benefit. In cities having a population of one million or more,
notwithstanding the provisions of any other subdivision of this section
or of any general, special or local law to the contrary, an extended
affordability property shall be granted an extended benefit, provided,
however, that such extended benefit shall be available only if all
residential tax lots in such extended affordability property operate as
rental housing.
(c) Tax payments. In addition to any other amounts payable pursuant to
this subdivision, the owner of an extended affordability property
receiving an extended benefit shall pay, in each tax year in which such
extended benefit is in effect, real property taxes and assessments as
follows:
(i) real property taxes on the assessed valuation of such land and any
improvements thereon in effect during the tax year preceding the
commencement of the construction of such extended affordability property
without regard to any exemption or abatement from real property taxation
in effect prior to such construction which real property taxes shall be
calculated on the tax rate in effect at the time such taxes are due; and
(ii) all assessments for local improvements.
(d) Limitation on benefits for non-residential space. Any extended
benefit shall be reduced by the percentage of aggregate floor area of
the extended affordability property occupied by commercial, community
facility, parking, and accessory uses as provided in paragraph (d) of
subdivision two of this section.
(e) Calculation of benefit. Based on the certification of the agency
certifying the applicant's eligibility for the extended benefit, the
assessors shall certify to the collecting officer the amount of taxes to
be exempted.
(f) Affordability requirement. During the extended affordability
period, an extended affordability property must comply with the extended
affordability requirement and the restrictive declaration. The extended
affordability property shall also comply with all provisions of this
paragraph during the extended affordability period and with subparagraph
(i) of this paragraph both during and after the extended affordability
period to the extent provided in such subparagraph.
(i) Notwithstanding the provisions of any local law for the
stabilization of rents or the emergency tenant protection act of
nineteen seventy-four, all affordable housing units in an extended
affordability property shall be fully subject to control under such
local law or such act during the extended affordability period, provided
that tenants holding a lease and in occupancy of such affordable housing
units in an extended affordability property at the expiration of the
extended affordability period shall have the right to remain as rent
stabilized tenants for the duration of their occupancy. Upon any vacancy
of an affordable housing unit after the extended affordability period,
such affordable housing unit shall remain fully subject to rent
stabilization unless the owner is entitled to remove such affordable
housing unit from rent stabilization upon such vacancy by reason of the
monthly rent exceeding any limit established thereunder.
(ii) All rent stabilization registrations required to be filed
pursuant to subparagraph (i) of this paragraph shall contain a
designation that specifically identifies affordable housing units
complying with the extended affordability requirement as "421-a
affordable housing units" and shall contain an explanation of the
requirements that apply to all such affordable housing units.
(iii) Failure to comply with the provisions of this paragraph that
require the maintenance, rent stabilization and occupancy of affordable
housing units in an extended affordability property shall result in
revocation of the extended benefit for the period of such
non-compliance.
(iv) Nothing in this subdivision shall: (A) prohibit the occupancy of
an affordable housing unit by individuals or families whose income at
any time is less than the maximum percentage of the area median income,
adjusted for family size, specified for such affordable housing unit
pursuant to this subdivision; or (B) prohibit the owner of an extended
affordability property from requiring, upon initial rental or upon any
rental following a vacancy, the occupancy of any affordable housing unit
by such lower income individuals or families.
(v) Upon each vacancy, an affordable housing unit shall promptly be
offered for rental by individuals or families whose income does not
exceed the maximum percentage of the area median income, adjusted for
family size, specified for such affordable housing unit pursuant to this
subdivision and who intend to occupy such affordable housing unit as
their primary residence. An affordable housing unit shall not be: (A)
rented to a corporation, partnership or other entity; or (B) held off
the market for a period longer than is reasonably necessary to perform
repairs needed to make such affordable housing unit available for
occupancy.
(vi) An affordable housing unit shall not be rented on a temporary,
transient or short-term basis. Every lease and renewal thereof for an
affordable housing unit shall be for a term of one or two years, at the
option of the tenant.
(vii) An affordable housing unit shall not be converted to cooperative
or condominium ownership.
(viii) The agency may establish by rule such requirements as the
agency deems necessary or appropriate for: (A) the marketing of
affordable housing units; and (B) monitoring compliance with the
provisions of this paragraph. Such requirements may include, but need
not be limited to, retaining a monitor approved by the agency and paid
for by the owner.
(g) Building service employees. (i) For the purposes of this
paragraph, "applicant" shall mean an applicant for extended benefits,
any successor to such applicant, or any employer of building service
employees for such applicant, including, but not limited to, a property
management company or contractor.
(ii) All building service employees employed by the applicant at the
extended affordability property shall receive the applicable prevailing
wage for the entire extended affordability period.
(iii) The fiscal officer shall have the power to enforce the
provisions of this paragraph. In enforcing such provisions, the fiscal
officer shall have the power:
(A) to investigate or cause an investigation to be made to determine
the prevailing wages for building service employees; in making such
investigation, the fiscal officer may utilize wage and fringe benefit
data from various sources, including, but not limited to, data and
determinations of federal, state or other governmental agencies;
(B) to institute and conduct inspections at the site of the work or
elsewhere;
(C) to examine the books, documents and records pertaining to the
wages paid to, and the hours of work performed by, building service
employees;
(D) to hold hearings and, in connection therewith, to issue subpoenas,
administer oaths and examine witnesses; the enforcement of a subpoena
issued under this paragraph shall be regulated by the civil practice law
and rules;
(E) to make a classification by craft, trade or other generally
recognized occupational category of the building service employees and
to determine whether such work has been performed by the building
service employees in such classification;
(F) to require the applicant to file with the fiscal officer a record
of the wages actually paid by such applicant to the building service
employees and of their hours of work;
(G) to delegate any of the foregoing powers to his or her deputy or
other authorized representative; and
(H) to promulgate rules as he or she shall consider necessary for the
proper execution of the duties, responsibilities and powers conferred
upon him or her by the provisions of this subparagraph.
(iv) If the fiscal officer finds that the applicant has failed to
comply with the provisions of this paragraph, he or she shall present
evidence of such noncompliance to the agency.
(v) Subparagraph (ii) of this paragraph shall not be applicable to:
(A) an extended affordability property containing less than thirty
dwelling units; or
(B) an extended affordability property in which all of the dwelling
units are affordable housing units and not less than fifty percent of
such affordable housing units, upon initial rental and upon each
subsequent rental following a vacancy during the extended affordability
period, are affordable to and restricted to occupancy by individuals or
families whose household income does not exceed one hundred twenty-five
percent of the area median income, adjusted for family size, at the time
that such household initially occupies such dwelling unit.
(h) Concurrent exemptions or abatements. An extended affordability
property receiving an extended benefit shall not receive any exemption
from or abatement of real property taxation under any other law.
(i) Voluntary renunciation or termination. Notwithstanding the
provisions of any general, special or local law to the contrary, an
owner shall not be entitled to voluntarily renounce or terminate an
extended benefit unless the agency authorizes such renunciation or
termination in connection with the commencement of a new tax exemption
pursuant to either the private housing finance law or section four
hundred twenty-c of this title.
(j) Termination or revocation. The agency may terminate or revoke the
extended benefit for noncompliance with this subdivision. If the
extended benefit is terminated or revoked for noncompliance with this
subdivision, all of the affordable housing units shall remain subject to
the provisions of any local law for the stabilization of rents or the
emergency tenant protection act of nineteen seventy-four and all other
requirements of this subdivision for the entire extended affordability
period and any additional period expressly provided in this subdivision,
as if the extended benefit had not been terminated or revoked.
(k) Powers cumulative. The enforcement provisions of this subdivision
shall not be exclusive, and are in addition to any other rights,
remedies, or enforcement powers set forth in any other law or available
at law or in equity.
(l) Multiple tax lots. If an extended affordability property contains
multiple tax lots, an application may be submitted with respect to one
or more of such tax lots. The agency shall determine eligibility for an
extended benefit based upon the tax lots included in such application.
(m) Applications. (i) The application with respect to any extended
affordability property shall include a certification that: (A) the
restrictive declaration has been recorded against the extended
affordability property; and (B) the extended affordability property is
in compliance with such restrictive declaration and this subdivision.
(ii) The application with respect to any extended affordability
property shall be filed with the agency on or before the later of: (A)
December thirty-first, two thousand sixteen; or (B) eighteen months
after the expiration date.
(iii) Notwithstanding the provisions of any general, special or local
law to the contrary, the agency may require by rule that applications be
filed electronically.
(iv) The agency may rely on certification by an architect or engineer
submitted by an applicant in connection with the filing of an
application. A false certification by such architect or engineer shall
be deemed to be professional misconduct pursuant to section sixty-five
hundred nine of the education law. Any licensee found guilty of such
misconduct under the procedures prescribed in section sixty-five hundred
ten of the education law shall be subject to the penalties prescribed in
section sixty-five hundred eleven of the education law, and shall
thereafter be ineligible to submit a certification pursuant to this
subdivision.
(n) Filing fee. The agency may require a filing fee of three thousand
dollars per dwelling unit in connection with any application.
(o) Rules. The agency may promulgate rules to carry out the provisions
of this subdivision.
(p) Authority of city to enact local law. Except as otherwise
specified in this subdivision, a city to which this subdivision is
applicable may enact a local law to restrict, limit or condition the
eligibility for or the scope or amount of extended benefits in any
manner, provided that such local law may not grant extended benefits
beyond those provided in this subdivision and provided further that such
local law shall not take effect sooner than one year after it is
enacted. The provisions of sections 11-245 and 11-245.1 of the
administrative code of the city of New York or of any other local law of
the city of New York that were enacted on or before the effective date
of the chapter of the laws of two thousand fifteen that added this
paragraph shall not restrict, limit or condition the eligibility for or
the scope or amount of extended benefits pursuant to this subdivision.
Structure New York Laws
420-A - Nonprofit Organizations; Mandatory Class.
420-B - Nonprofit Organizations; Permissive Class.
421-A - Affordable New York Housing Program.
421-C - Exemption of Certain New Multiple Dwellings From Local Taxation.
421-E - Exemption of Cooperative, Condominium, Homesteading and Rental Projects From Local Taxation.
421-F - Exemption of Capital Improvements to Residential Buildings and Certain New Construction.
421-G - Exemption From Local Taxation of Certain Multiple Dwellings.
421-H - Exemption of Capital Improvements to Multiple Dwelling Buildings Within Certain Cities.
421-H*2 - Exemption of Capital Improvements to Residential Buildings.
421-I - Exemption of Capital Improvements to Multiple Dwelling Buildings Within Certain Cities.
421-I*2 - Exemption of Capital Improvements to Multiple Dwelling Buildings Within Certain Cities.
421-J - Exemption of Capital Investment in Multiple Dwelling Buildings Within Certain Cities.
421-J*2 - Exemption of Capital Improvements to Multiple Dwelling Buildings Within Certain Cities.
421-K - Exemption of Certain Multiple Dwellings.
421-L - Exemption of Capital Improvements to Residential Buildings in Certain Towns.
421-N - Exemption of Capital Improvements to Multiple Dwelling Buildings Within Certain Cities.
421-O - Exemption of Capital Improvements to Multiple Dwelling Buildings Within Certain Cities.
421-O*2 - Exemption of Capital Improvements to Multiple Dwelling Buildings Within Certain Cities.
422 - Not-for-Profit Housing Companies.
424 - Institute of Arts and Sciences.
425 - School Tax Relief (Star) Exemption.
425-A - Abatement of County Taxes in Special Assessing Units.
427 - Performing Arts Buildings.
428 - Fraternal Organizations; Entire Net Income for Education and Relief of Members.
429 - Real Property Used for Professional Major League Sports.
430 - Interdenominational Centers.
432 - Theatrical Corporations Created by Act of Congress.
436 - Officers of Religious Denominations.
438 - Trustees of a Hospital, Playground and Library; Hospital for Benefit of a City.
442 - Soldiers Monument Corporations.
457 - Exemption for First-Time Homebuyers of Newly Constructed Homes.
458-A - Veterans; Alternative Exemption.
458-B - Exemption for Cold War Veterans.
459 - Persons Who Are Physically Disabled.
459-A - Improvements to Property Made Pursuant to the Americans With Disabilities Act of 1990.
459-B - Physically Disabled Crime Victims.
459-C - Persons With Disabilities and Limited Incomes.
462 - Religious Corporations; Property Used for Residential Purposes.
464 - Incorporated Associations of Volunteer Firefighters.
466 - Volunteer Firefighters and Fire Companies in Villages.
466-A - Volunteer Firefighters and Volunteer Ambulance Workers; Certain Counties.
466-A*2 - Volunteer Firefighters and Volunteer Ambulance Workers.
466-B - Volunteer Firefighters and Volunteer Ambulance Workers; Certain Additional Counties.
466-C - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-C*2 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain Counties.
466-C*3 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-C*4 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-C*5 - Volunteer Firefighters and Volunteer Ambulance Workers; Exemption.
466-C*6 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain Counties.
466-C*7 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-D - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-D*2 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-D*3 - Volunteer Firefighters and Volunteer Ambulance Workers.
466-D*4 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain Counties.
466-E - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-E*2 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-E*3 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-E*4 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-F - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-F*2 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-F*3 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain Counties.
466-F*4 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-G - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-G*2 - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-H - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-H*2 - Un-Remarried Spouses of Deceased Volunteer Firefighters or Volunteer Ambulance Workers.
466-I - Volunteer Firefighters and Volunteer Ambulance Workers; Certain Counties.
466-J - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
466-K - Volunteer Firefighters and Volunteer Ambulance Workers; Certain County.
467 - Persons Sixty-Five Years of Age or Over.
467-F - Protective and Safety Devices Tax Abatement.
467-I - Real Property Tax Abatement.
467-J - Exemption for Certain Residential Properties Located in Certain Counties.
467-K - Senior Citizen Longtime Resident Exemption.
467-L - Rebate for Owners of Certain Real Property in the City of New York.
468 - Fire Patrol and Salvage Corps.
469 - Assessment Exemption for Living Quarters for Parent or Grandparent.
472 - Pharmaceutical Societies.
476-A - Railroad Passenger Stations.
477 - Tax Exemption for Industrial Waste Treatment Facilities.
477-A - Tax Exemption for Air Pollution Control Facilities.
478 - Tax Exemption for Off-Street Parking Facilities Providing Underground Shelters.
479 - Fallout Shelter Facilities.
480 - Forest and Reforested Lands.
480-A - Taxation of Forest Land.
481 - Taxation of Land Used for Agricultural Production.
483-C - Temporary Greenhouses.
483-D - Farm or Food Processing Labor Camps or Commissaries.
483-E - Anaerobic Digestion Facilities.
484 - Urban Redevelopment Corporations and Companies.
485 - Nuclear Powered Electric Generating Facilities.
485-A - Residential-Commerical Urban Exemption Program.
485-B - Business Investment Exemption.
485-D - Water-Works Corporations.
485-E - Empire Zone Exemption.
485-F - Banking Development Districts.
485-G - Infrastructure Exemption.
485-H - Residential Investment Exemption; Certain Cities.
485-I - Residential Investment Exemption; Certain School Districts.
485-I*2 - Residential Investment Exemption; Certain Cities.
485-J - Residential Property Improvement Exemption; Certain Cities.
485-J*2 - Residential Investment Exemption; Certain Cities.
485-J*3 - Residential Investment Exemption; Certain Cities and School Districts.
485-J*4 - Residential Investment Exemption; Certain Cities.
485-J*5 - Residential Investment Exemption; Certain Cities.
485-K - Residential Investment Exemption; Certain School Districts.
485-L - Residential Property Improvement; Certain Towns.
485-L*2 - Residential Investment Exemption; Certain School Districts.
485-M - Residential Investment Exemption; Certain School Districts.
485-N - Residential-Commercial Exemption Program.
485-O - New Residential Property Exemption; Certain Cities.
485-P - Economic Transformation Area Exemption.
485-Q - Residential Investment Exemption; Certain Cities.
485-R - Residential Redevelopment Inhibited Property Exemption; Certain Cities.
485-S - Residential Reassessment Exemption.
485-S*2 - Residential Reassessment Exemption.
485-S*3 - Mixed Use Exemption Program for Villages.
485-T - Owner Occupied Residential Property Exemption Program.
485-U - Class One Reassessment Exemption.
485-V - Residential Revaluation Exemption.
485-V*2 - Residential and Mixed-Use Investment Exemption; Certain Cities and School Districts.
485-W - Newly Constructed Single-Family and Multi-Family Residential Exemption; Certain Villages.
486 - Non-Profit Medical and Dental Indemnity, or Hospital Service Corporations.
486-A - Non-Profit Corporations Operating as Health Maintenance Organizations.
487 - Exemption From Taxation for Certain Energy Systems.
487-A - Exemption From Taxation of Conservation Improvements to Certain Residential Premises.