NY-RPT Real Property Tax Law NY

Short title. This chapter shall be known as the "Real Property

Tax Law" and may be cited as "RPTL".

Definitions. When used in this chapter, unless otherwise

expressly stated or unless the context otherwise requires:

1. "Assessing unit" means: (a) a city, town, or county with the power

to assess real property, unless the city, town or county is part of a

consolidated assessing unit;

(b) a consolidated assessing unit; or

(c) a village as provided in section fourteen hundred two of this

chapter.

2. "Assessment" means a determination made by assessors of (1) the

valuation of real property, including the valuation of exempt real

property and (2) whether or not real property is subject to taxation or

special ad valorem levies.

3. "Assessors" mean an elected or appointed officer or body of

officers charged by law with the duty of assessing real property in an

assessing unit for the purposes of taxation or special ad valorem

levies, for county, city, town, village, school district or special

district purposes.

4. "Board of assessment review" means the body of officers as

constituted by subdivision one of section five hundred twenty-three of

this chapter and, in the case of villages, by subdivision one of section

fourteen hundred eight of this chapter which is empowered to hear and

determine complaints in relation to assessments.

4-a. "Chief executive officer" means (a) in the case of cities, the

mayor, except in cities having a city manager in which case it shall

mean the city manager, (b) in the case of villages, the mayor and (c) in

the case of towns, the supervisor.

5. "Collecting officer" means an elected or appointed officer of any

municipal corporation or special district authorized by law to receive

and collect taxes, special ad valorem levies or special assessments.

5-a. "Commissioner" means the commissioner of taxation and finance.

6. "Comptroller" means the state comptroller.

6-a. "Consolidated assessing unit" means an assessing unit established

pursuant to article sixteen of this chapter.

7. "County equalization agency" means the board of supervisors,

commissioners of equalization or other county agency authorized by this

chapter or any other law to establish county equalization rates.

8. "County equalization rate" means the percentage of full value at

which taxable real property in a city or town is assessed as determined

by a county equalization agency for purposes of apportioning county real

property taxes.

9. "County treasurer" means the chief fiscal officer of a county

charged by law with performing the duties of treasurer, by whatever name

known or called.

9-a. "Infant" or "minor" means a person who has not attained the age

of eighteen years.

9-b. "Department" means the department of taxation and finance.

10. "Municipal corporation" means a county, city, town, village or

school district.

11. "Parcel" means a separately assessed lot, parcel, piece or portion

of real property, except publicly owned bridges and land used for

street, road, highway or parkway purposes. A parcel shall not be

bisected by a municipal corporation boundary line except that in a

special assessing unit a parcel may be bisected by a school district or

village boundary line.

12. "Real property", "property" or "land" mean and include:

(a) Land itself, above and under water, including trees and

undergrowth thereon and mines, minerals, quarries and fossils in and

under the same, except mines belonging to the state;

(b) Buildings and other articles and structures, substructures and

superstructures erected upon, under or above the land, or affixed

thereto, including bridges and wharves and piers and the value of the

right to collect wharfage, cranage or dockage thereon;

(c) Surface, underground or elevated railroads, and railroad

structures, substructures and superstructures, tracks and the metal

thereon, branches, switches and other fixtures permitted or authorized

to be made, laid or placed in, upon, above or under any public or

private street or place;

(d) When owned by a telephone company all telephone and telegraph

lines, wires, poles, supports and inclosures for electrical conductors

upon, above and underground. For purposes of this paragraph the term

"real property" shall not include station connections and the term

"telephone company" shall mean a company subject to regulation by the

public service commission which provides, to the general public within

its local exchange area, non-cellular switched local exchange telephone

service at the points of origination and termination of the signal.

(e) Mains, pipes and tanks permitted or authorized to be made, laid or

placed in, upon, above or under any public or private street or place

for conducting steam, heat, water, oil, electricity or any property,

substance or product capable of transportation or conveyance therein or

that is protected thereby;

(f) Boilers, ventilating apparatus, elevators, plumbing, heating,

lighting and power generating apparatus, shafting other than

counter-shafting and equipment for the distribution of heat, light,

power, gases and liquids, but shall not include movable machinery or

equipment consisting of structures or erections to the operation of

which machinery is essential, owned by a corporation taxable under

article nine-a of the tax law, used for trade or manufacture and not

essential for the support of the building, structure or superstructure,

and removable without material injury thereto;

(g) Forms of housing adaptable to motivation by a power connected

thereto, commonly called "trailers" or "mobile homes", which are or can

be used for residential, business, commercial or office purposes, except

those (1) located within the boundaries of an assessing unit for less

than sixty days, (2) unoccupied and for sale or (3) "recreational

vehicles" that are four hundred square feet or less in size, self

propelled or towable by an automobile or light duty truck and used as

temporary living quarters for recreational, camping, travel or seasonal

use. The value of any trailer or mobile home shall be included in the

assessment of the land on which it is located; provided, however, that

if either the trailer or mobile home or the land on which it is located

is entitled to any exemption pursuant to article four of this chapter,

other than the exemption authorized by section four hundred twenty-five

of this chapter, such trailer or mobile home shall be separately

assessed in the name of the owner thereof;

(h) Special franchises as defined in subdivision seventeen of this

section.

(i) When owned by other than a telephone company as such term is

defined in paragraph (d) hereof, all lines, wires, poles, supports and

inclosures for electrical conductors upon, above and underground used in

connection with the transmission or switching of electromagnetic voice,

video and data signals between different entities separated by air,

street or other public domain, except that such property shall not

include: (A) station connections; (B) fire and surveillance alarm system

property; (C) such property used in the transmission of news wire

services; and (D) such property used in the transmission of news or

entertainment radio, television or cable television signals for

immediate, delayed or ultimate exhibition to the public, whether or not

a fee is charged therefor.

(j) Spent fuel pools and dry cask storage systems in which nuclear

fuel is stored and is pending further or final disposal from a nuclear

power station following the permanent cessation of power operations of

such station.

12-a. "Revaluation", "reassessment" or "update" means a systematic

review of the assessments of all locally assessed properties, valued as

of the valuation date of the assessment roll containing those

assessments, to attain compliance with the standard of assessment set

forth in subdivision two of section three hundred five of this chapter.

13. "School authorities" mean the board of education, trustees or

corresponding officers, whether one or more, of a school district.

14. "Special ad valorem levy" means a charge imposed upon benefited

real property in the same manner and at the same time as taxes for

municipal purposes to defray the cost, including operation and

maintenance, of a special district improvement or service, but not

including any charge imposed by or on behalf of a city or village.

15. "Special assessment" means a charge imposed upon benefited real

property in proportion to the benefit received by such property to

defray the cost, including operation and maintenance, of a special

district improvement or service or of a special improvement or service,

but does not include a special ad valorem levy.

16. "Special district" means a town or county improvement district,

district corporation or other district established for the purpose of

carrying on, performing or financing one or more improvements or

services intended to benefit the health, welfare, safety or convenience

of the inhabitants of such district or to benefit the real property

within such district, and in which real property is subject to special

ad valorem levies or special assessments for the purposes for which such

district was established.

17. "Special franchise" means the franchise, right, authority or

permission to construct, maintain or operate in, under, above, upon or

through any public street, highway, water or other public place mains,

pipes, tanks, conduits, wires or transformers, with their appurtenances,

for conducting water, steam, light, power, electricity, gas or other

substance. For purposes of assessment and taxation a special franchise

shall include the value of the tangible property situated in, under,

above, upon or through any public street, highway, water or other public

place in connection therewith. The term special franchise shall not

include central office equipment or station equipment (except public

telephone terminal equipment) which first appears on assessment rolls

prepared on the basis of taxable status dates occurring on or after

October first, nineteen hundred ninety-five and which is owned by a

telephone company as defined in paragraph (d) of subdivision twelve of

this section, or owned by a telephone corporation as defined in

subdivision seventeen of section two of the public service law and

certified by the public service commission under section ninety-nine of

such law, nor shall it include property of a municipal corporation,

public benefit corporation or special district, nor shall it include a

crossing less than two hundred fifty feet in length of a public street,

highway, water or other public place outside a city or village, unless

such crossing be the continuation of an occupancy of another public

street, highway, water or other public place.

18. "State board" or "board" means the state board of real property

tax services.

19. "State equalization rate" means the percentage of full value at

which taxable real property in a county, city, town or village is

assessed as determined by the commissioner.

20. "Tax" or "taxation" means a charge imposed upon real property by

or on behalf of a county, city, town, village or school district for

municipal or school district purposes, but does not include a special ad

valorem levy or a special assessment. The term "tax" or "taxes" as used

in articles five, nine, ten and eleven of this chapter shall for levy

and collection purposes include special ad valorem levies.

21. "Tax lien" means an unpaid tax, special ad valorem levy, special

assessment or other charge imposed upon real property by or on behalf of

a municipal corporation or special district which is an encumbrance on

real property, whether or not evidenced by a written instrument.

Electronic real property tax administration. 1. Notwithstanding

any provision of law to the contrary, the commissioner is hereby

authorized to establish standards for electronic real property tax

administration (E-RPT). Such standards shall set forth the terms and

conditions under which the various tasks associated with real property

tax administration may be executed electronically, dispensing with the

need for paper documents. Such tasks shall include any or all of the

following:

(a) The filing of exemption applications;

(b) The filing of petitions for administrative review of assessments;

(c) The filing of petitions for judicial review of assessments;

(d) The filing of applications for administrative corrections of

errors;

(e) The issuance of statements of taxes;

(f) The payment of taxes, subject to the provisions of sections five

and five-b of the general municipal law;

(g) The provision of receipts for the payment of taxes;

(h) The issuance of taxpayer notices required by law, including

sections five hundred eight, five hundred ten, five hundred ten-a, five

hundred eleven, five hundred twenty-five and five hundred fifty-one-a

through five hundred fifty-six-b of this chapter; and

(i) The furnishing of notices and certificates under this chapter

relating to state equalization rates, residential assessment ratios,

special franchise assessments, railroad ceilings, taxable state lands,

advisory appraisals, and the certification of assessors and county

directors or real property tax services, subject to the provisions of

subdivision five of this section.

2. Such standards shall be developed after consultation with local

government officials, the office of court administration in the case of

standards relating to petitions for judicial review of assessments, and

the office of the state comptroller in the case of standards relating to

payments or taxes and the issuance of receipts therefor.

3. (a) Taxpayers shall not be required to accept notices, statements

of taxes, receipts for the payment of taxes, or other documents

electronically unless they have so elected. Taxpayers who have not so

elected shall be sent such communications in the manner otherwise

provided by law.

(b) The governing board of any municipal corporation may, by local

law, ordinance or resolution, determine that it is in the public

interest for such municipal corporation to provide electronic real

property tax administration. Upon adoption of such local law, ordinance

or resolution, such municipal corporation shall comply with standards

set forth by the commissioner.

(c) The standards prescribed by the commissioner pursuant to this

section relating to communications with taxpayers shall provide for the

collection of electronic contact information, such as e-mail addresses

and/or social network usernames, from taxpayers who have elected to

receive electronic communications in accordance with the provisions of

this section. Such information shall be exempt from public disclosure in

accordance with section eighty-nine of the public officers law.

4. When a document has been transmitted electronically in accordance

with the provisions of this section and the standards adopted by the

commissioner hereunder, it shall be deemed to satisfy the applicable

legal requirements to the same extent as if it had been mailed via the

United States postal service.

5. (a) On and after January first, two thousand twenty, whenever the

commissioner is obliged by law to mail a notice of the determination of

a tentative state equalization rate, tentative special franchise

assessment, tentative assessment ceiling or other tentative

determination of the commissioner that is subject to administrative

review, the commissioner shall be authorized to furnish the required

notice by e-mail, or by causing it to be posted on the department's

website, or both, at his or her discretion. When providing notice of a

tentative determination by causing it to be posted on the department's

website, the commissioner also shall e-mail the parties required by law

to receive such notice, to inform them that the notice of tentative

determination has been posted on the website. Such notice of tentative

determination shall not be deemed complete unless such emails have been

sent. Notwithstanding any provision of law to the contrary, the

commissioner shall not be required to furnish such notices by postal

mail, except as provided by paragraphs (d) and (e) of this subdivision.

(b) When providing notice of a tentative determination by e-mail or

posting pursuant to this subdivision, the commissioner shall specify an

e-mail address to which complaints regarding such tentative

determination may be sent. A complaint that is sent to the commissioner

by e-mail to the specified e-mail address by the date prescribed by law

for the mailing of such complaints shall be deemed valid to the same

extent as if it had been sent by postal mail.

(c) When a final determination is made in such a matter, notice of the

final determination and any certificate relating thereto shall be

furnished by e-mail or by a website posting, or both at the

commissioner's discretion, and need not be provided by postal mail,

except as provided by paragraphs (d) and (e) of this subdivision. When

providing notice of a final determination by website posting, the

commissioner also shall e-mail the parties required by law to receive

such notice, to inform them that the notice of final determination has

been posted on the website. Such notice of final determination shall not

be deemed complete unless such emails have been sent.

(d) If an assessor has advised the commissioner in writing that he or

she prefers to receive the notices described in this subdivision by

postal mail, the commissioner shall thereafter send such notices to that

assessor by postal mail, and need not send such notices to that assessor

by e-mail. The commissioner shall prescribe a form that assessors may

use to advise the commissioner of their preference for postal mail.

(e) If the commissioner learns that an e-mail address to which a

notice has been sent pursuant to this subdivision is not valid, and the

commissioner cannot find a valid e-mail address for that party, the

commissioner shall resend the notice to the party by postal mail. If the

commissioner does not have a valid e-mail address for the party at the

time the notice is initially required to be sent, the commissioner shall

send the notice to that party by postal mail.

(f) On or before November thirtieth, two thousand nineteen, the

commissioner shall send a notice by postal mail to assessors, to chief

executive officers of assessing units, and to owners of special

franchise property and railroad property, informing them of the

provisions of this section. The notice to be sent to assessors shall

include a copy of the form prescribed pursuant to paragraph (d) of this

subdivision.

(g) As used in this subdivision, the term "postal mail" shall mean

mail that is physically delivered to the addressee by the United States

postal service.

State board. There is hereby created in the department of

taxation and finance a separate and independent state board of real

property tax services, to consist of five members to be appointed by the

governor, by and with the advice and consent of the senate. Of those

five members appointed by the governor, one such person shall be an

individual actively engaged in the commercial production for sale of

agricultural crops, livestock and livestock products of an average gross

sales value of ten thousand dollars or more. Said individual shall be

appointed in the first instance to a term of eight years upon expiration

of an existing term. Said initial term shall commence on the first day

of January next succeeding the year in which the existing term shall

expire. The governor shall designate one of the members as the chairman

of the board, who shall serve as chairman at the pleasure of the

governor. A majority of the duly appointed members shall constitute a

quorum and not less than a majority of such members concurring may

transact any business, perform any duty or exercise any power of the

board. The members of the board shall be appointed for terms of eight

years, commencing on the first day of January next following the year in

which the term of his predecessor expired, except that the terms of the

members first appointed shall expire as follows: one on December

thirty-first, nineteen hundred sixty-one, one on December thirty-first,

nineteen hundred sixty-three, one on December thirty-first, nineteen

hundred sixty-five, one on December thirty-first, nineteen hundred

sixty-seven, and one on December thirty-first, nineteen hundred

eighty-two. Vacancies occurring otherwise than by expiration of term

shall be filled for the unexpired term. All members shall receive

necessary expenses incurred in the performance of their duties.

Powers of the state board of real property tax services. 1.

The powers, functions, duties, and obligations of the state board of

real property tax services shall be separate from and independent of the

authority of the department of taxation and finance. Such board shall be

empowered to adopt such guidelines as may be necessary for the effective

management of its decision-making process.

2. The state board of real property tax services shall have the

following powers in relation to real property tax administration:

* (a) The power to determine the final special franchise value,

special franchise assessment, railroad ceiling, state equalization rate

or any other equalization product established pursuant to this chapter

for which a complaint has been filed, as provided by sections four

hundred eighty-nine-o, four hundred eighty-nine-ll, six hundred

fourteen, twelve hundred ten, twelve hundred fifty-three, and twelve

hundred sixty-three of this chapter;

* NB Effective until January 1, 2031

* (a) The power to determine the final special franchise value,

special franchise assessment, railroad ceiling, state equalization rate

or any other equalization product established pursuant to this chapter

for which a complaint has been filed, as provided by sections four

hundred eighty-nine-o, four hundred eighty-nine-ll, six hundred

fourteen, twelve hundred ten, twelve hundred fifty-three, and twelve

hundred sixty-three of this chapter;

* NB Effective January 1, 2031

(b) The power to hear and determine reviews relating to determinations

made by county equalization agencies, as provided by sections eight

hundred sixteen and eight hundred eighteen of this chapter; and

(c) The power to hear and determine reviews relating to determinations

of STAR eligibility made by the department of taxation and finance as

provided by section four hundred twenty five of this chapter.

3. The provisions of section five hundred twenty-five of this chapter

shall apply so far as practicable to a hearing conducted by the board of

real property tax services pursuant to this chapter.

Assumption of responsibilities by the department of taxation

and finance. 1. On and after the effective date of this section, the

functions, powers and duties of the state board of real property

services as formerly established by this chapter shall be considered

functions, powers and duties of the commissioner of taxation and

finance, except to the extent provided by section two hundred-a of this

article.

2. On and after the effective date of this section, the functions,

powers and duties of the office of real property services as formerly

established by this chapter shall be considered functions, powers and

duties of the commissioner of taxation and finance.

3. Notwithstanding any other provision of law, rule, or regulation to

the contrary, upon the transfer of functions from the office of real

property services to the department of taxation and finance pursuant to

this section, all employees of the office of real property services

substantially engaged in the performance of the transferred functions

shall be transferred to the department of taxation and finance.

Employees transferred pursuant to this section shall be transferred

without further examination or qualification and shall retain their

respective civil service classifications, status and collective

bargaining unit designations and collective bargaining agreements.

4. All books, papers, and property of the office of real property

services shall be delivered to the commissioner. All books, papers, and

property of the office of real property services shall continue to be

maintained by the department.

5. For the purpose of succession of all functions, powers, duties and

obligations transferred and assigned to, devolved upon and assumed by it

pursuant to this section, the department shall be deemed and held to

constitute the continuation of the office of real property services.

6. Any business or other matter undertaken or commenced by the state

board of real property services, the office of real property services or

the executive director thereof pertaining to or connected with the

functions, powers, obligations and duties hereby transferred and

assigned to the commissioner or the department and pending on the

effective date of this section, may be conducted and completed by the

commissioner or the department in the same manner and under the same

terms and conditions and with the same effect as if conducted and

completed by the state board of real property services, the office of

real property services or its executive director.

7. (a) All rules, regulations, acts, orders, determinations, and

decisions of the state board of real property services or the office of

real property services, in force at the time of such transfer and

assumption, shall continue in full force and effect as rules,

regulations, acts, orders, determinations and decisions of the

department until duly modified or abrogated by the commissioner or the

department.

(b) All acts, orders, determinations, and decisions of the state board

of real property services pertaining to the functions and powers

provided in section two hundred-a of this article shall continue in full

force and effect as acts, orders, determinations and decisions of the

state board of real property tax services.

8. Whenever the state board of real property services, the office of

real property services or its executive director is referred to or

designated in any law, contract or document pertaining to the functions,

powers, obligations and duties hereby transferred to and assigned to the

commissioner or the department, such reference or designation shall be

deemed to refer to the commissioner or department, as applicable or

indicated by the context.

9. No existing right or remedy of any character shall be lost,

impaired or affected by any provisions of this section.

10. No action or proceeding pending on the effective date of this

section, brought by or against the state board of real property

services, the office of real property services or its executive director

shall be affected by any provision of this section, but the same may be

prosecuted or defended in the name of the commissioner or the

department. In all such actions and proceedings, the commissioner, upon

application of the court, shall be substituted as a party.

11. All appropriations or reappropriations made to the office of real

property services to the extent of remaining unexpended or unencumbered

balance thereof, whether allocated or unallocated and whether obligated

or unobligated, are hereby transferred to and made available for use and

expenditure by the department subject to the approval of the director of

the budget for the same purposes for which originally appropriated or

reappropriated and shall be payable on vouchers certified or approved by

the commissioner on audit and warrant of the comptroller.

12. All assets and liabilities of the office of real property services

are hereby transferred to and assumed by the department.

Powers and duties of the commissioner in relation to real

property tax administration. 1. The commissioner shall:

(a) Assess special franchises;

(b) Establish state equalization rates for each county, city, town and

village;

(c) Approve assessments of state lands subject to taxation;

(d) Have general supervision of the function of assessing throughout

the state;

(e) Investigate, from time to time, the methods of assessment

throughout the state, and confer with, advise and assist assessors and

other officials whose duties relate to assessments;

(f) Furnish assessors with such information and instructions as may be

necessary or proper to aid them in making assessments, which

instructions shall be followed and compliance with which may be enforced

by him or her;

(g) Prescribe, and in his or her discretion furnish to assessors at

the expense of the state, forms relating to assessments, including

applications for exemption from real property taxation, which forms

shall be used by the assessors and applicants for an exemption granted

pursuant to this or any other chapter, and the use of which shall be

enforced by the commissioner;

(h) Obtain from state and local officers, bodies or other agencies

such information as may be necessary for the proper discharge of the

duties conferred upon him or her in relation to real property tax

administration, which information shall be furnished on his or her

demand;

(i) Inquire into the provisions of the laws of other states and confer

with the appropriate officials thereof regarding the most effectual and

equitable methods of assessing and taxing real property;

(j) Prepare an annual report to the legislature which shall include

therein recommendations concerning amendments to existing law and such

other information as he or she may deem advisable;

(k) Adopt and amend such rules, regulations, orders and

determinations, not inconsistent with law, as may be necessary for the

exercise of his or her powers and the performance of his or her duties

under this chapter;

(l) Establish railroad ceilings for railroad real property;

(m) Exercise and perform such other powers and duties as may be

conferred or imposed on him or her by law.

(n) Monitor the quality of local assessment practices by individual

assessing units.

(o) Impose, collect and receive such charges or fees as may be

authorized by statute.

(p) Promulgate rules and regulations for the ascertainment and

reporting of "assessment record billing owner" information, as defined

in section one hundred three of the eminent domain procedure law, for

the purposes of the administration of such law.

2. In any instance where an assessing unit has acted pursuant to the

rules, regulations, orders, determinations or instructions of the

commissioner acting pursuant to the authority conferred upon him or her

by this chapter, and such action is the subject of a judicial review,

the commissioner may upon request of the assessing unit assist such

assessing unit by the filing of a brief amicus curiae or through such

other means as may be appropriate.

3. The commissioner may adopt rules and regulations, as necessary, to

implement the computerized statewide school district address match and

income verification system set forth in section one hundred seventy-one

of the tax law.

4. Any records that come into the commissioner's custody in the course

of discharging the duties imposed upon him or her by this chapter shall

be subject to public access to the full extent provided by this chapter

and the public officers law, and shall not be subject to the secrecy

provisions of the tax law.

Office of real property tax services. There is hereby created

within the department of taxation and finance an office of real property

tax services. The head of the office shall be a deputy commissioner for

real property tax services, who shall also be the executive officer for

and secretary of the state board of real property tax services. The

deputy commissioner for real property tax services shall be appointed by

the governor. He or she shall exercise such powers and duties in

relation to real property tax administration as may be delegated to him

or her by the commissioner, shall report directly to the commissioner on

the activities of the office, and shall hold office at the pleasure of

the commissioner. The commissioner may appoint such officers, employees,

agents, consultants and special committees as he or she may deem

necessary to carry out the provisions of this chapter, and shall

prescribe their duties.

Oaths and affidavits; subpoenas. Each member of the board, and

any officer or employee of the state board of real property tax services

duly authorized by resolution of the board, shall have power to

administer oaths, take affidavits and certify acknowledgements in

relation to any matter or proceeding in the exercise of the powers or

duties of the board under this chapter or any other law and in relation

to any written instrument authorized or required to be filed with the

board. The board or any officer or employee of the state board of real

property tax services duly authorized by resolution of the board shall

have power to subpoena and require the attendance of witnesses and the

production of books, papers and documents pertinent to the

investigations and inquiries which it is authorized to conduct and to

examine them in relation to any matter which it has power to

investigate, and to issue commissions for the examination of witnesses

who are out of the state or unable to attend before the board or excused

from attendance. A subpoena issued under this section shall be regulated

by the civil practice law and rules.

Execution of instruments. Whenever the board is authorized or

required by law to execute an instrument, such instrument shall be

executed by affixing the name of the board and, underneath such name,

the signature of one or more of the members of such board or such

officer or employee of the state board of real property tax services as

may be designated by the board. No acknowledgment of the execution of

any such instrument shall be necessary for the purpose of recordation or

for any other purpose.

Official seal. The board shall have an official seal. Its

records, proceedings and copies of all papers and documents in its

possession and custody may be authenticated in the usual form, under

such seal and the signature of any one of the members of the board or

such officer or employee of the state board of real property tax

services as may be designated by the board, and shall be received in

evidence in the same manner and with like effect as deeds regularly

acknowledged or proven.

Powers of commissioner upon neglect or refusal of officials to

perform duties. 1. Whenever it appears to the satisfaction of the

commissioner that any assessor or other public officer, employee or

board of assessment review whose duties relate directly to real property

tax administration has failed to comply with the provisions of this

chapter or any other law relating to such duties, or the rules and

regulations of the commissioner made pursuant thereto, after a hearing

on the facts, the commissioner may issue an order directing such

assessor, officer, employee or board of assessment review to comply with

such law, rule or regulation.

2. If any assessor or other public officer, employee or board of

assessment review whose duties relate directly to real property tax

administration shall willfully and intentionally refuse or neglect to

perform any duty or do any act required by or pursuant to this chapter,

in addition to any other penalty provided by law, such assessor, public

officer, employee or member of a board of assessment review shall

forfeit to the municipal corporation of which such assessor, public

officer, employee or member is an officer a sum not to exceed fifty

dollars for each willful and intentional violation, which may be

recovered by the commissioner.

3. Where a property owner is, in a proceeding conducted pursuant to

this section, found to be directly affected by the violation of state

law or rule, the commissioner in its order shall establish procedures by

which an assessor, officer, employee or board of assessment review whose

duties relate directly to real property tax administration, whether or

not a party to the proceeding, shall remedy the failure to comply with

such state law or rules with respect to an assessment roll filed not

more than three years prior to the commencement of the proceeding. Such

remedy may include reconvening the board of assessment review,

identifying the class of persons eligible to complain when the board of

assessment review reconvenes, and issuing instructions to such board of

assessment review on the law and any documentation required of eligible

complainants in relation to the findings of the commissioner. A copy of

such order shall be mailed to such assessor, officer, employee or board

of assessment review and to each municipal corporation which utilizes

such assessment roll. Such order shall, where appropriate, require the

assessing unit to mail a copy of the order to each eligible complainant

whose name and address is readily ascertainable from the record of the

proceeding.

4. (a) Where the commissioner has ordered the board of assessment

review to reconvene to receive complaints, a copy of the order shall be

mailed by the assessing unit to each eligible complainant, which mailing

shall be accompanied by the form prescribed by the commissioner for

complaints on tentative assessments or such other form as may be

prescribed for such purpose. Included with such order and form shall be

a notice stating the date, time and place at which the board of

assessment review will reconvene. This material shall be mailed to the

eligible complainant no later than fifteen days prior to the meeting of

the board of assessment review. On the date and time specified in such

notice, the board of assessment review will reconvene to hear any

complaints filed pursuant to such order and shall have the powers and

duties set forth in section five hundred twenty-five of this chapter,

except that it may receive only complaints with respect to assessments

of those parcels to which the commissioner's order applies. A petition

for review of the assessment of such property pursuant to either title

one or one-A of article seven of this chapter may be filed no later than

thirty days after the determination of the board of assessment review is

mailed to the petitioner, notwithstanding the provisions of section

seven hundred two or seven hundred thirty of this chapter.

(b) The assessor shall correct the assessment roll upon receipt of the

verified statement of changes from the board of assessment review. If

the assessor no longer has custody of the assessment roll when such

verified statement is received, he or she shall forward a copy of such

verified statement and a copy of the commissioner's order to the person

having custody of the assessment roll or tax roll, which person shall

thereupon make the appropriate corrections. The assessor shall also

forward a copy of the verified statement of changes to the clerk of each

tax levying body which levies taxes on such assessment roll.

(c) Where a tax, special assessment or special ad valorem levy has

been paid prior to the correction of the tax roll pursuant to this

section and the order of the board of assessment review results in a

reduction of the tax liability of a parcel, the tax levying body shall

refund to the person who paid such tax, special assessment or special ad

valorem levy the amount which exceeds the tax, special assessment, or

special ad valorem levy due upon the corrected tax roll. Any such refund

shall be a charge upon each municipal corporation or special district to

the extent that the taxes, special assessments or special ad valorem

levies were levied on its behalf or as is otherwise provided by law with

respect to Nassau and Suffolk counties; provided, however, that no

application need be made by the petitioner for such refund. The verified

statement of changes provided to the clerk of the tax district shall

constitute an application for refund for the purposes of this section.

Where a refund is not made within ninety days of the receipt of the

verified statement of changes, interest in the amount of one percent per

month shall be added to the amount to be refunded for each month or part

thereof in excess of ninety days and paid to the property owner.

(d) Where taxes, special assessments or special ad valorem levies have

been levied prior to the correction of the tax roll pursuant to this

section and the verified statement of changes of the board of assessment

review results in an increase in the tax liability of a parcel or the

imposition of a tax liability upon a parcel, the additional tax, special

assessment, or special ad valorem levy shall be levied, collected and

accounted for as provided in the commissioner's order.

(e) The provisions of title three of article five of this chapter

shall apply as far as practicable to the correction of an assessment

roll or tax roll and, if applicable, to a refund of taxes pursuant to

this section; provided however that no application, except as provided

herein, need be made for such correction or refund.

5. If an assessor, or other public officer, employee or board of

assessment review whose duties relate directly to real property tax

administration fails or refuses to comply with the commissioner's order

within ten days after service of such order or within such time as is

prescribed by the commissioner for compliance with its order, the

commissioner may commence a special proceeding pursuant to article four

of the civil practice law and rules to compel compliance with such

order. Such special proceeding shall be commenced by the counsel to the

department of taxation and finance, except that the attorney general of

the state shall commence such proceeding on behalf of the department if

he or she deems it necessary.

Property subject to taxation. All real property within the

state shall be subject to real property taxation, special ad valorem

levies and special assessments unless exempt therefrom by law.

Notwithstanding any provision of this chapter or of any other general,

special or local law to the contrary, personal property, whether

tangible or intangible, shall not be liable to ad valorem taxation.

Valuation date. All real property subject to taxation, and

assessed as of a March first taxable status date, shall be valued as of

the preceding first day of July. The valuation date of real property in

a city or town not subject to the provisions of this section shall be

determined as of the date provided by law applicable to such city or

town, or if not so provided, then as of the taxable status date of the

city or town. The valuation date of the real property entered on any

assessment roll shall be imprinted or otherwise indicated at the top of

the first page of each volume of such roll.

Taxable status date. 1. The taxable status of real property in

cities and towns shall be determined annually according to its condition

and ownership as of the first day of March and the valuation thereof

determined as of the applicable valuation date. The taxable status of

real property in a city or town not subject to the provisions of this

section shall be determined as of the date provided by law applicable to

such city or town, or if not so provided, then as of the date the

assessment roll is completed and filed prior to the hearing of

complaints in connection therewith. The date of taxable status of the

real property contained on any assessment roll shall be imprinted or

otherwise indicated at the top of the first page of each volume of such

roll.

2. The taxable status date of real property assessed for school

district and village purposes shall be determined in accordance with

sections thirteen hundred two and fourteen hundred of this chapter,

respectively. The date of taxable status of the real property contained

on any village assessment roll shall be imprinted or otherwise indicated

at the top of the first page of each volume of such roll.

3. Notwithstanding any other provision of law to the contrary,

whenever any person, association or corporation not entitled to an

exemption from taxation acquires title to property which is exempt, in

whole or in part, from taxation, such property shall be immediately

subject to taxation pursuant to section five hundred twenty of this

chapter, except that, in cities with a population of one million or

more, such property shall become subject to taxation pursuant to section

four hundred ninety-four of this chapter.

4. The taxable status of a special franchise shall be determined on

the basis of its value and its ownership as of the first day of January

of the year preceding the year in which the assessment roll on which

such property is to be assessed is completed and filed in the office of

the city or town clerk, except that taxable status of such properties

shall be determined on the basis of ownership as of the first day of

January of the second year preceding the date required by law for the

filing of the final assessment roll for purposes of all village

assessment rolls.

5. Notwithstanding any other provision of law to the contrary, in a

city with a population of one million or more, whenever any corporation

or association entitled to exemption from taxation pursuant to paragraph

(a) of subdivision one of section four hundred twenty-a or paragraph (a)

of subdivision one of section four hundred twenty-b of this chapter, or

any local law adopted pursuant to such provisions, acquires title to

real property that is not exempt, in whole or in part, from taxation,

such property shall, provided that it otherwise qualifies for exemption

pursuant to such provisions, be immediately subject to exemption from

taxation in accordance with section four hundred ninety-four-a of this

chapter.

* § 304. Subject of assessment. All assessments shall be against the

real property itself which shall be liable to sale pursuant to law for

any unpaid taxes or special ad valorem levies.

* NB (Effective until ruling by Commissioner of Internal Revenue)

* § 304. Subject of assessment. 1. All assessments shall be against

the real property itself which shall be liable to sale pursuant to law

for any unpaid taxes or special ad valorem levies.

2. Where real property in whole or part is rented for residential

purposes pursuant to a lease, or to the same occupant or occupants for

twelve consecutive months duration or longer, or if the dwelling unit is

subject to the regulation and control of residential rents and the

occupants' rights and obligations of tenancy are created and protected

by such regulation and control, a renter has an interest in the real

property and is subject to articles nine and ten of this chapter, or

laws of any municipality covering the levy and collection of taxes and

the enforcement of collection of delinquent taxes, whichever is

governing. Nothing in this subdivision shall relieve the owner of real

property from the obligation for paying all taxes due on the real

property under his ownership or vitiate the sale of said real property

for unpaid taxes or special ad valorem levies. The owner of real

property, or his designated agent, is obligated to apply the first money

received each month from the renter to taxes due on the real property

under his ownership.

3. As used in this section the term "rent" means the amount paid for

the right of occupancy of a dwelling unit excluding charges for heat,

gas, electricity, furnishings and board. Where such charges are included

in the amount paid but are not treated consistently among dwelling units

located within the real property and where such charges and the amount

thereof are not separately set forth in the lease, the amount paid shall

be reduced in the following manner:

(A) Fifteen percent of the rental paid shall be deducted for heat, or

heat and gas;

(B) Twenty percent of the rental paid shall be deducted for heat, gas

and electricity;

(C) Twenty-five percent of the rental paid shall be deducted for heat,

gas, electricity and furnishings;

(D) Fifty percent of the rental paid shall be deducted for heat, gas,

electricity, furnishings and board.

4. The attorney general shall prepare and submit to the commissioner

of internal revenue of the United States a request for a ruling that

payments of real property taxes made by a renter in such municipality

with an interest in real property pursuant to subdivision two of this

section, with respect to such interest, will be deductible by such

renter pursuant to paragraph a of subdivision one of section one hundred

sixty four of the internal revenue code of nineteen hundred fifty-four,

as amended.

5. Immediately after the effective date of this section and on or

before the tax status date of the ensuing fiscal year and annually

thereafter, the owner of the real property shall file with the

appropriate assessment department of the municipality in which the real

property is located the rent roll covering all units of said property,

including names of those renters whose interest is described in

subdivision two of this section and those renters who have elected an

interest as described in subdivision four of this section. This schedule

of rents shall include all units whether rented or not, and whether

residential or not. The assessors shall assign an assessed valuation to

each rental unit of said real property by establishing the relationship

of the yearly rent for the unit to the total yearly rent roll and

applying this ratio to the assessment established for the real property

as a whole, less the assessment on that portion of the real property

which the assessor may determine is not held for rental purposes. Taxes

on such real property not held for rental purposes shall be assessed

solely against the owner of the real property and shall not be

considered in determining the assessed valuation of each rental unit.

Where the residential real property is completed after the first tax

status day after the effective date of this section, the owner of such

real property shall file the required information with the assessors

after completion. In the event the assessors reassess said real

property, the relationships established for the prior assessments shall

be applied to the new assessments. The assessments so established may be

entered on the assessment roll itself or attached as an appendage to

such assessment roll but in any event the assessments for said real

property shall be deemed a composite of the total of the assessments of

each individual unit's assessment, and those renters whose interest is

described in subdivision two of this section and those renters who have

elected an interest as described in subdivision four of this section

shall be personally liable for the taxes levied on the assessments

declared for their respective units. It shall be the responsibility of

the owner of the real property to notify the assessors of all changes in

occupancy including notification when a vacant unit is occupied or an

occupied unit becomes vacant. The assessors on or before tax status day

will issue in writing to the owner a listing of the assessments assessed

for each unit. This listing shall state the amount of taxes each renter

whose interest is described in subdivision two of this section and each

renter who has elected an interest as described in subdivision four of

this section must pay each calendar month of the assessing unit's fiscal

year. The landlord shall make this listing available to each tenant upon

occupancy and thereafter upon receipt of such listing from the

assessors.

* NB (Effective pending ruling by Commissioner of Internal Revenue)

Assessment methods and standard. 1. The existing assessing

methods in effect in each assessing unit on the effective date of this

section may continue.

2. All real property in each assessing unit shall be assessed at a

uniform percentage of value (fractional assessment) except that, if the

administrative code of a city with a population of one million or more

permitted, prior to January first, nineteen hundred eighty-one, a

classified assessment standard, such standard shall govern unless such

city by local law shall elect to be governed by the provisions of this

section.

3. Any assessing unit in which assessments are at full value by reason

of a revaluation may adopt a level of assessment in accordance with this

section.

Assessment using the comparable sales, income capitalization

or cost method. 1. As used in this section, the following terms shall

have the following meanings:

(a) "Mixed-use property" means a property with a building or structure

used for both residential and commercial purposes.

(b) "Non-residential property" means a property with a building or

structure used for commercial purposes.

2. When determining the value of a mixed-use or non-residential

property using the comparable sales, income capitalization or cost

method, the following shall be considered when selecting appropriate

sales or rentals comparable to the subject property; provided, however,

that the following requirements shall apply only to assessing units

other than cities having a population of one million or more:

(a) sales or rentals of properties exhibiting similar use or the use

at the time of sale in the same real estate market. Comparable

properties should include properties located in proximate location to

the subject property unless there is an inadequate number of appropriate

sales or rentals within the same market; and

(b) sales or rentals of properties that are similar in age, condition,

use or the use at the time of sale, type of construction, location,

design, physical features and economic characteristics including but not

limited to similarities in occupancy and market rent.

Additional tax on class one property. 1. Generally.

Notwithstanding any provision of any general, special or local law to

the contrary, any city with a population of one million or more is

hereby authorized and empowered to adopt and amend local laws in

accordance with this section imposing an additional tax on certain class

one properties, as such properties are defined in section eighteen

hundred two of this chapter, excluding vacant land.

2. Definitions. As used in this section:

(a) "Commissioner of finance" means the commissioner of finance of a

city having a population of one million or more, or his or her designee.

(b) "Department of finance" means the department of finance of a city

having a population of one million or more.

(c) "Net real property tax" means the real property tax assessed on

class one property after deduction for any exemption or abatement

received pursuant to this chapter.

3. Additional tax. A local law enacted pursuant to this section may

provide for a real property tax surcharge in an amount (a) up to

twenty-five percent of net real property taxes for the fiscal year

beginning July first, two thousand three, and (b) up to fifty percent of

net real property taxes for fiscal years beginning on or after July

first, two thousand four.

4. Property subject to additional tax. Such surcharge shall be imposed

on class one property, excluding vacant land, that provides rental

income and is not the primary residence of the owner or owners of such

class one property, or the primary residence of the parent or child of

such owner or owners.

5. Rental income, primary residence and/or relationship to owner or

owners. The property shall be deemed to be the primary residence of the

owner or owners thereof, if such property would be eligible to receive

the real property tax exemption pursuant to section four hundred

twenty-five of this chapter, regardless of whether such owner or owners

has filed an application for, or the property is currently receiving

such exemption. Proof of primary residence and the resident's or

residents' relationship to the owner or owners and the absence of rental

income shall be in the form of a certification as required by local law

or the rules of the commissioner.

6. Rules. The department of finance of any city enacting a local law

pursuant to this section shall have, in addition to any other functions,

powers and duties which have been or may be conferred on it by law, the

power to make and promulgate rules to carry out the purposes of this

section including, but not limited to, rules relating to the timing,

form and manner of any certification required to be submitted under this

section.

7. Penalties. (a) Notwithstanding any provision of any general,

special or local law to the contrary, an owner or owners shall be

personally liable for any taxes owed pursuant to this section whenever

such owner or owners fail to comply with this section or the local law

or rules promulgated thereunder, or makes such false or misleading

statement or omission and the commissioner determines that such act was

due to the owner or owners' willful neglect, or that under such

circumstances such act constituted a fraud on the department. The remedy

provided herein for an action in personam shall be in addition to any

other remedy or procedure for the enforcement of collection of

delinquent taxes provided by any general, special or local law.

(b) If the commissioner should determine, within three years from the

filing of an application or certification pursuant to this section, that

there was a material misstatement on such application or certification,

he or she shall proceed to impose a penalty tax against the property of

five hundred dollars, in accordance with the local law or rules

promulgated hereunder.

8. Cessation of use. In the event that a property granted an exemption

from taxation pursuant to this section ceases to be used as the primary

residence of such owner or owners or his, her or their parent or child,

such owner or owners shall so notify the commissioner of finance.

Local government defined. "Local government" when used in this

title, unless otherwise expressly stated or unless the context otherwise

requires, means a county, city or town with the power to assess real

property for the purpose of taxation.

Assessor. 1. Selection. Each local government to which this

title applies which has the power to assess real property for purposes

of taxation shall have one assessor. An appointive assessor shall be

appointed by the legislative body of the local government except that in

a local government where department heads and other local officers are

appointed by the chief executive officer, such assessor shall be

appointed by such officer. Any resident of the state, otherwise eligible

for appointment as assessor, may be appointed assessor. An assessor may

be employed by the local government in any other position not

incompatible with the office of assessor.

2. Term of office. The term of office of assessor shall be six years

except as otherwise provided in subdivision seven of this section. The

terms for appointive assessors shall commence on the first day of

October, nineteen hundred seventy-one and each sixth year thereafter.

Where a town has exercised the option to elect one assessor, as provided

by section three hundred twenty-nine of this article, the term for such

elected assessor shall be as of the first day of January, nineteen

hundred ninety-four and each sixth year thereafter.

3. Classification. The position of appointive assessor shall be in the

classified service, notwithstanding the provisions of subdivision (e) of

section thirty-five of the civil service law.

4. Minimum qualification standards. No person shall be eligible for

appointment as assessor unless he meets the minimum qualification

standards established for such office by the commissioner.

5. Certification and continuing education. (a) All assessors, whether

appointed or elected, must obtain commissioner certification of

successful completion of the basic course of training and education

prescribed by the commissioner pursuant to this title.

(b) In addition to the basic course of training and education, all

appointive assessors and any assessor elected to a six-year term shall

also complete additional courses in a continuing training and education

program prescribed by the commissioner pursuant to the provisions of

this title.

6. Training; services by state; county cooperation. The commissioner

shall provide training programs including but not limited to courses of

training and education required to be completed by local officers and

employees and by candidates for certification as eligible for the

position of assessor in accordance with the provisions of this title.

Such programs shall be provided by the commissioner for counties, cities

and towns to which this title is applicable. Counties shall cooperate

with the commissioner in providing such programs.

7. Indefinite term for assessors. Notwithstanding the provisions of

subdivision two of this section, the office of assessor shall have an

indefinite term (a) where the office of assessor is a full time position

as determined by the local legislative body and on or after August

first, nineteen hundred seventy is classified in the competitive class

of the civil service at the request of the local legislative body or (b)

where on July thirty-first, nineteen hundred seventy the office of

assessor is classified in the competitive class of the civil service and

has an indefinite term pursuant to law.

Minimum qualification standards for assessors, appraisal

personnel and candidates eligible for certification as assessor. The

commissioner shall establish for counties, cities and towns to which

this title applies minimum qualification standards (a) for appointments

to the positions of (i) assessor, except assessors of local governments

not subject to the provisions of section three hundred ten of this

title, and (ii) other administrative positions having professional

appraisal duties relating to the assessment of real property for

purposes of taxation, and (b) for applicants for certification as

candidates eligible for the position of assessor, other than assessors

or assessors-elect, pursuant to subdivision ten of section three hundred

ten of this title. Such standards shall be set forth in rules and

regulations promulgated by the commissioner.

Acting assessor. 1. In the event that an assessor appointed

pursuant to the provisions of section three hundred ten of this title is

unable to perform the duties of the office or the office becomes vacant,

the appointing authority may by resolution designate or appoint an

acting assessor. Where an acting assessor is designated or appointed

pursuant to this section, the appointing authority shall notify the

commissioner within fifteen days of making such designation or

appointment. The acting assessor shall function as assessor until such

time as the assessor is able to resume the position or until a

replacement is appointed. In the event an acting assessor functions as

assessor for more than six months, then such acting assessor shall be

required to meet the minimum qualification standards and to obtain

certification as required by this title for persons elected or appointed

to the office of assessor.

2. In the event that an elective assessor is unable to perform the

duties of the office, the legislative body may by resolution designate

or appoint an acting assessor. Where an acting assessor is designated or

appointed pursuant to this section, the legislative body shall notify

the commissioner within fifteen days of making such designation or

appointment. The acting assessor shall function as the assessor or

member of the board of assessors until such time as the assessor is able

to resume the position, a replacement is appointed, or a successor is

elected. In no event may an acting assessor appointed pursuant to this

subdivision function as assessor for more than three months. Nothing

herein shall be deemed to supersede the provisions of the public

officers law on the filling of vacancies in elective offices.

Orientation. Within one month of commencing a term of office,

any assessor, whether elected or appointed, who has not obtained

commissioner certification pursuant to this title, shall attend a one

day orientation course prescribed by the commissioner. Such orientation

course shall be designed to provide the prospective assessor with a

general knowledge of the responsibilities of the assessor and a general

understanding of the appropriate state and local government structure.

No assessor shall continue in office or receive compensation where the

commissioner determines that he or she has failed to file with the clerk

of the assessing unit a certificate of attendance of the orientation

course.

Certification of assessors. 1. Any person appointed or elected

to the office of assessor shall be certified by the commissioner

pursuant to this section within a minimum of one year and a maximum of

three years after he or she commences his or her term of office, unless

he or she has been previously certified by the commissioner and his or

her certification has not expired. The period within which each assessor

must become certified shall be established by the commissioner by rule

based upon one or more general characteristics of the assessing unit or

units in which the assessor serves, including, but not limited to (a)

number of parcels; (b) classification of parcels by use; and (c)

complexity of real property. At least once during each twelve month

period preceding the date by which the commissioner requires permanent

certification pursuant to this section, each assessor must obtain an

interim certification from the commissioner. Such interim certification

shall evidence satisfactory progress in obtaining permanent

certification by successful completion of one or more components of the

required training. The commissioner shall transmit such interim

certificate to the assessor and to the appropriate city or town clerk

for filing.

2. An assessor shall be certified upon successful completion of the

basic course of training and such examinations as may be prescribed by

the commissioner. The basic course of training shall be prescribed by

the commissioner in accordance with the classification of assessing

units established by the commissioner pursuant to subdivision one of

this section.

3. (a) An assessor or assessor-elect may be certified by the

commissioner if such person satisfies the minimum qualification

standards established by the commissioner for appointed assessors and

passes a comprehensive examination conducted by the commissioner. The

commissioner shall annually conduct examinations for such purpose.

Examinations shall be of such character as to fairly test and determine

knowledge, skills and abilities necessary to perform the duties of

assessor with respect to appraisal and assessment procedures, applicable

laws, rules and regulations and the size and complexity of assessing

units.

(b) The commissioner may, in its discretion, waive any of the courses

of training or may certify without examination any assessor or

assessor-elect, provided that such person is:

(i) a member of the institute of assessing officers of the New York

state assessor's association or is a member of the American institute of

real estate appraisers; or

(ii) designated as a senior real property appraiser by the society of

real estate appraisers; or

(iii) designated a certified assessment evaluator or an accredited

assessment evaluator by the international association of assessing

officers.

4. Notwithstanding the provisions of this subdivision or any other

law, the travel and other actual and necessary expenses incurred by an

appointed or elected assessor, or by a person appointed assessor for a

forthcoming term, or by an assessor-elect prior to the commencement of

his or her term, in satisfactorily completing courses of training as

required by this title or as approved by the commissioner, including

continuing education courses prescribed by the commissioner which are

satisfactorily completed by any elected assessor, shall be a state

charge upon audit by the comptroller. Travel and other actual and

necessary expenses incurred by an acting assessor who has been

exercising the powers and duties of the assessor for a period of at

least six months, in attending training courses no earlier than twelve

months prior to the date when courses of training and education are

required, shall also be a state charge upon audit by the comptroller.

Candidates for certification as eligible for the position of assessor,

other than assessors or assessors-elect, shall be charged for the cost

of training materials and shall be responsible for all other costs

incurred by them in connection with such training. Notwithstanding the

foregoing provisions of this subdivision, if the provider of a training

course has asked the commissioner to approve the course for credit only,

so that attendees who successfully complete the course would be entitled

to receive credit without having their expenses reimbursed by the state,

and the commissioner has agreed to do so, the travel and other actual

and necessary expenses incurred by such attendees shall not be a state

charge.

5. Notwithstanding the provisions of sections three hundred eight and

three hundred thirty-four of this title, a village assessor, who

satisfies the minimum qualification standards established by the

commissioner pursuant to subdivision four of section three hundred ten

of this title, may complete the basic course of training prescribed by

the commissioner pursuant to this section. Where such training is

successfully completed, a village assessor shall be certified as

provided by this section.

6. Whenever an individual is appointed to fill a vacancy in an

elective office of assessor, the commissioner shall compute any time

limitation imposed by this title or any rule adopted pursuant to this

title from the next January first following that appointment rather than

from the date of that appointment.

7. In a county which has the power to assess real property for

purposes of taxation with one assessor appointed as provided in this

title, the travel and other actual and necessary expenses incurred by

appraisal personnel employed in the office of such assessor in attending

courses of training as required by this subdivision shall be a state

charge upon audit by the comptroller.

8. To the extent funds are appropriated, all payments pursuant to this

section shall be made from the local assistance account.

Certification as eligible for the position of assessor. 1. Any

person who is not an assessor may be certified as eligible for the

position of assessor where such person:

(a) meets the minimum qualification standards prescribed by the

commissioner for such purpose and successfully completes the basic

course of training and passes an examination demonstrating successful

completion of such course prescribed by the commissioner;

(b) meets the minimum qualification standards established by the

commissioner for appointed assessors and passes an examination conducted

by the commissioner for this purpose; or

(c) possesses a professional designation as described in paragraph (b)

of subdivision three of section three hundred eighteen of this title and

the commissioner, in its discretion, waives any of the courses of

training or examination.

2. Such certification shall specify that such person is eligible for

the position of assessor in accordance with the classification of

assessing units established by the commissioner pursuant to subdivision

one of section three hundred eighteen of this title. Certification as

eligible for the position of assessor shall be for a period of three

years and may be renewed after the expiration of this period with or

without examination in accordance with regulations established by the

commissioner. Upon request by an assessing unit, the commissioner shall

provide a list of candidates certified as eligible for the position of

assessor pursuant to this section.

Failure to obtain or maintain certification. 1. The

commissioner shall conduct a hearing upon notice to the assessor and the

clerk of the local government for which the assessor serves, such

hearing to be conducted within the county where the assessing unit is

located no later than thirty days after delivery of such notice, where

it appears that an assessor has failed:

(a) within the applicable period to file, with the clerk of the local

government for which the assessor serves, a certificate of the

commissioner stating that he or she has fulfilled the requirements of

section three hundred eighteen of this title; or

(b) to file, with the clerk of the local government for which the

assessor serves, a temporary certificate as provided in subdivision four

of this section; or

(c) to meet the standards required by subdivision four of section

three hundred ten of this title for appointive assessors; or

(d) to file, with the clerk of the local government for which the

assessor serves, a certificate issued by the commissioner that he or she

has completed the one day orientation course; or

(e) to maintain the continuity of any interim certification issued by

the commissioner; or

(f) to complete continuing education as prescribed by the

commissioner, pursuant to subdivision five of section three hundred ten

of this title, for appointive assessors.

2. If, after such hearing, the commissioner finds that an assessor has

failed to comply with any applicable requirements as stated in

subdivision one of this section, the appointment of that assessor shall

be revoked if appointive, or the office of that assessor shall become

vacant if elective.

3. No assessor, once having been so removed from office, shall be

appointed to the unexpired term of the office from which he or she has

been removed.

4. In the event that an assessor shall have been unable to enroll in

or complete any course of training and education for reasons beyond his

or her control and as a result thereof, is not certified, the

commissioner may issue a temporary certificate which will enable the

assessor to continue in office pending completion of such course at the

earliest date when such course is next available as specified by the

commissioner. Such temporary certificate shall be filed with the clerk

of the local government for which the assessor serves and shall permit

the assessor to continue in office for the period set forth therein.

Upon the expiration of such temporary certificate and after a hearing as

hereinabove provided, the appointment of an assessor shall be revoked in

the case of an appointive assessor or such office shall become vacant in

the case of an elective assessor unless the assessor has filed a

certificate as hereinabove provided.

5. In any hearing conducted pursuant to this section, a statement

signed by the secretary of the commissioner or other state office

employee as designated by rule of the commissioner stating that he or

she has made a diligent search of the records of the department and has

found no record, entry or filing of a specified nature, shall be prima

facie evidence that the records of the department contain no such

record, entry or filing.

Local government appraisal personnel. No person shall be

employed by a local government and assigned professional appraisal

duties which relate to the assessment of real property for purposes of

taxation unless he or she meets the minimum qualification standards

established by the commissioner. Such appraisal personnel shall attend

courses of training and education prescribed by the commissioner under

this title. Notwithstanding the provisions of this section or any other

law, in a county which has the power to assess real property for

purposes of taxation with one assessor appointed as provided in this

title, the travel and other actual and necessary expenses incurred by

appraisal personnel employed in the office of such assessor in attending

courses of training as required by this section shall be a state charge

upon audit by the comptroller.

Option to change to single appointed assessor. In any city or

town which has retained the office of elective assessor, the legislative

body of such city or town may adopt a local law providing that from and

after a date set forth in such local law, which date must be within one

year after the date on which such local law was adopted, there shall be

but one assessor, to be appointed as provided in section three hundred

ten of this title. The legislative body, in its discretion, may

determine that a local law adopted pursuant to this section shall be

subject to a mandatory or permissive referendum, or not subject to a

referendum. Any such referendum shall be conducted in the manner

prescribed in section twenty-three or twenty-four of the municipal home

rule law, as the case may be. On December thirty-first of the year in

which such local law shall take effect, the term or terms of all

assessors then in office shall terminate.

Option to change to sole elected assessor. In any city or town

where the option to retain elective assessors was exercised in

accordance with the provisions of former section fifteen hundred

fifty-six of this chapter, the legislative body of such city or town may

adopt a local law providing that from and after the first day of January

first following the next biennial or general election at which the

electors would vote for an assessor, there shall be but one assessor, to

be elected at that election. The legislative body, in its discretion,

may determine that a local law adopted pursuant to this section shall be

subject to a mandatory or permissive referendum, or not subject to a

referendum. Any such referendum shall be conducted in the manner

prescribed in section twenty-three or twenty-four of the municipal home

rule law, as the case may be. On December thirty-first of the year in

which such local law shall take effect, the term or terms of all

assessors then in office shall terminate.

Adoption of local law. No "charter law", as such term is

defined in section thirty-two of the municipal home rule law, nor local

law shall be adopted which is inconsistent with the provisions of this

title. No local law adopted pursuant to the provisions of this title

shall be subject to a mandatory or permissive referendum except as

provided in section three hundred twenty-eight or three hundred

twenty-nine of this title.

Inconsistent laws inapplicable. Provisions of all general,

special, local or other laws which are inconsistent with the provisions

of this title shall be inapplicable to counties, cities and towns to

which this title applies but if not inconsistent shall apply to such

counties, cities and towns.

Local governments to which title applies. 1. This title shall

apply to all counties except counties wholly within a city and all

cities and towns in the state except (a) a city with a population of

five million or more, (b) a city or town in a county having the power to

assess property for purposes of taxation.

2. The provisions of section three hundred ten of this title shall not

be applicable to a county having the power to assess real property for

tax purposes where on August first, nineteen hundred seventy such

assessments were made by a board of assessors nor shall such section be

applicable to a city with a population of one hundred thousand or more

as of the federal census taken in the year nineteen hundred seventy. In

the event that any county or city in a subsequent year meets the

requirements of this subdivision, the provisions of section three

hundred ten of this title shall continue to be applicable unless the

legislative body of the county or city adopts a local law to provide

that such section shall not be applicable to such county or city.

3. Notwithstanding the provisions of subdivision one of this section,

the provisions of section three hundred thirty-six of this title shall

apply to every assessing unit and consolidated assessing unit in this

state.

4. Notwithstanding the provisions of subdivision two of this section,

subdivision five of section three hundred ten of this title shall apply

to the city of Albany on and after January first, two thousand nineteen,

provided that an assessor whose term commenced prior to January first,

two thousand nineteen shall have until January first, two thousand

twenty-one to complete requirements of paragraph (a) of such subdivision

five.

Statement of disclosure for assessors. 1. Definitions. When

used in this section and unless otherwise expressly stated or unless the

context otherwise requires:

a. The term "appropriate body" or "appropriate bodies" shall mean:

(i) in the case of any municipal corporation which has created or

hereafter creates a board of ethics or conflicts of interests board

which is in existence at the time an annual statement of disclosure is

due, and which has been designated by local law, ordinance, or

resolution to be the repository for completed statements of financial

disclosure, such board of ethics or conflicts of interests board;

(ii) in the case of any municipal corporation which has created or

hereafter creates a board of ethics or conflicts of interests board

which is in existence at the time an annual statement of disclosure is

due, and which has not been designated by local law, ordinance, or

resolution to be the repository for completed statements of financial

disclosure, such board of ethics or conflicts of interests board;

(iii) in the case of any municipal corporation for which no board of

ethics or conflicts of interests board is in existence at the time an

annual statement of disclosure is due, the clerk of the county in which

such municipal corporation is located; and

(iv) in the case of a consolidated assessing unit, the board of

directors thereof.

b. "Assessor" has the meaning defined therefor in subdivision three of

section one hundred two of this chapter and includes any other municipal

officer or employee engaged in the assessment of real property for

purposes of taxation and also includes a municipal officer or employee

assigned professional appraisal duties which relate to the assessment of

real property for purposes of taxation.

c. "Statement of disclosure" shall mean a statement disclosing (i) the

description of any real property owned by the assessor in the assessing

unit or in any contiguous municipal corporation. For purposes of this

subparagraph of disclosure, "property owned by" means any property in

which the assessor has a financial interest in excess of one thousand

dollars, whether such property is owned by the assessor directly or

through a corporation in which the assessor is an officer or in which

the assessor owns more than five percent of the shares. It shall be

sufficient to meet the requirements for this item of disclosure if the

assessor shall state the acreage of the property, the square footage of

any structure on the property, the use whether residential or commercial

to which the structure is put, the municipal corporation in which it is

located, and the general section of the municipal corporation (north,

south, east, west, center); (ii) the name of any employer and the

position held; (iii) the name of any corporation of which the assessor

is (A) an officer, director or employee, or (B) in which the assessor

owns more than five percent of the shares and the position of the

assessor; (iv) a description of any self-employment (if it provided more

than two thousand dollars of gross income in the previous calendar

year); (v) if the assessor is licensed to practice any profession by the

state of New York, and the assessor practices such profession, the

nature of the practice and the types of business in which the clients

engage. For the purposes of this subparagraph of disclosure, it shall be

sufficient to describe the types of business in which the clients engage

as a broad category encompassing the majority of the assessor's clients;

(vi) types of gifts, except gifts from relatives, of more than fifty

dollars in value; (vii) persons or firms to whom money in the amount of

more than one thousand dollars is owed not including credit cards or

bank loans; and (viii) persons or firms, except relatives, who owe the

assessor an amount in excess of one thousand dollars. With respect to

any such subparagraph of disclosure, the assessor shall also provide

information with respect to the members of the assessor's immediate

family, unless, after a reasonable effort by the assessor, the spouse or

other immediate family member refused to disclose such information, in

which case, the statement shall so state such refusal. Such statement

shall not require the disclosure of any values of property or amounts of

compensation.

2. Posting of statute. The chief executive officer of each municipal

corporation shall cause a copy of this section to be kept posted in a

public building under the jurisdiction of his or her municipal

corporation where public notices are generally posted in the municipal

corporation. Failure to post any such copy shall have no effect on the

duty of compliance with this section, nor with the enforcement of the

provisions thereof.

3. Filing of statement of disclosure by assessors. Notwithstanding the

provisions of any general, special, or local law to the contrary, each

assessor, except an assessor who is compensated in an amount of less

than twenty thousand dollars annually in the aggregate for serving as an

assessor or who is required to file an annual statement of financial

disclosure by an appropriate body as provided for in article eighteen of

the general municipal law, shall file an annual statement of disclosure

with the appropriate body, as defined in this section, on the fifteenth

day of May. Such statement of disclosure shall contain the information

and shall be in the form set forth hereinbelow:

1. Name_______________________________________________________________

2. (a) Title of Position______________________________________________

(b) Department, Agency or other Governmental Entity________________

(c) Address of Present Office______________________________________

(d) Office Telephone Number________________________________________

3. (a) If married, please give spouse's full name including maiden name

where applicable.

.

(b) List the names of all unemancipated children.

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

Answer each of the following questions completely, with respect to

the calendar year ending the December 31st preceding the date of

filing of this statement of disclosure unless another period or date

is otherwise specified. If additional space is needed, attach

additional pages.

1. Describe any real property in which you have a financial interest

greater than $1,000 (whether owned by you or owned through a

corporation in which you are an officer or in which you own more than

5% of the shares) in the assessing unit or in any contiguous

municipal corporation:

a. Acreage of the property:

b. Square footage of any structure or structures on the property:

c. Municipal corporation in which located:

d. General area of municipal corporation in which the property is

located (north, south, east, west, central):

e. Use of structure (residential, commercial, industrial):

2. Name any employer other than the municipal corporation in which

you are employed as assessor and the position you hold:

3. Name any corporation in which a) you are an officer, director or

employee, or b) in which you own more than five percent of the shares

and give your position in it:

4. Describe any self-employment (if it provided more than two

thousand dollars of gross income in the previous calendar year):

5. If you are licensed to practice any profession by the state of New

York, and you practice that profession, give the nature of the

practice and the general types of business in which your clients

engage:

a. Type of profession (e.g., lawyer, real estate broker, pharmacist):

b. General types of business in which a majority of your clients

engage (e.g., real estate development, general practice, healthcare,

general business):

6. Types of gifts, except gifts from immediate family or relatives

within the third degree of consanguinity or affinity, of more than

fifty dollars in value:

7. Persons or firms to whom money in the amount of more than one

thousand dollars is owed not including credit cards or bank loans;

and

8. Persons or firms, except relatives, who owe you an amount in

excess of one thousand dollars.

4. Other laws. No local law, ordinance, or resolution shall be adopted

which is inconsistent with the provisions of this section.

Applicability. The provisions of this title shall apply to any

city having a population of five million or more inhabitants. The term

"city", as used in this title, shall mean any such city.

Minimum qualification standards for assessors and appraisal

personnel. The commissioner shall establish for cities to which this

title applies minimum qualification standards for appointments to the

positions of (a) chief or inferior assessor and (b) other administrative

positions having professional appraisal duties relating to the

assessment of real property for purposes of taxation. Such standards

shall be set forth in rules and regulations promulgated by the

commissioner.

Certification of assessors. 1. Any person appointed to the

office of chief or inferior assessor or city assessor shall be certified

by the commissioner pursuant to this section within a maximum of three

years after he or she commences his or her appointment or by April

first, two thousand nine whichever date is later, unless he or she has

been previously certified by the commissioner and his or her

certification has not expired.

2. An assessor shall be certified upon successful completion of the

basic course of training and such examinations as may be prescribed by

the commissioner. The basic course of training shall be prescribed by

the commissioner based upon one or more general characteristics of the

assessing units as the commissioner shall determine.

3. (a) An assessor may be certified by the commissioner if such person

satisfies the minimum qualification standards established by the

commissioner for assessors and passes a comprehensive examination

conducted by the commissioner. The commissioner shall annually conduct

examinations for such purpose. Examinations shall be of such character

as to fairly test and determine knowledge, skills, and abilities

necessary to perform the duties of assessor with respect to appraisal

and assessment procedures, applicable laws, rules, and regulations and

the size and complexity of assessing units. The number of courses,

course credit hours and their complexity shall be no greater than the

requirements established for other jurisdictions under section three

hundred eighteen of this article. When applicable the basic course of

training and examinations shall be consistently similar to other

jurisdictions throughout the state.

(b) The commissioner may, in its discretion, waive any of the courses

of training or may certify without examination any assessor, provided

that such person is:

(i) an active member of the institute of assessing officers of the New

York state assessor's association or is a member of the American

institute of real estate appraisers; or

(ii) designated as a senior real property appraiser by the society of

real estate appraisers; or

(iii) designated a certified assessment evaluator or an accredited

assessment evaluator by the international association of assessing

officers.

4. Notwithstanding the provisions of this subdivision or any other

law, the travel and other actual and necessary expenses incurred by an

assessor, in satisfactorily completing courses of training as required

by this title or as approved by the commissioner, including continuing

education courses prescribed by the commissioner which are

satisfactorily completed by any assessor, shall be a state charge upon

audit by the comptroller. Candidates for certification as eligible for

the position of assessor, other than assessors, shall be charged for the

cost of training materials and shall be responsible for all other costs

incurred by them in connection with such training.

5. In a city subject to this title, the travel and other actual and

necessary expenses incurred by appraisal personnel employed in the

office of such assessor in attending courses of training as required by

this subdivision shall be a state charge upon audit by the comptroller.

6. To the extent funds are appropriated, all payments pursuant to this

section shall be made from the local assistance account.

Certification as eligible for the position of assessor. 1. Any

person who is not an assessor may be certified as eligible for the

position of assessor where such person:

(a) meets the minimum qualification standards prescribed by the

commissioner for such purpose and successfully completes the basic

course of training and passes an examination demonstrating successful

completion of such course prescribed by the commissioner;

(b) meets the minimum qualification standards established by the

commissioner for appointed assessors and passes an examination conducted

by the commissioner for this purpose; or

(c) possesses a professional designation as described in paragraph (b)

of subdivision three of section three hundred fifty-four of this title

and the commissioner, in its discretion, waives any of the courses of

training or examination.

2. Such certification shall specify that such person is eligible for

the position of assessor in accordance with the classification of

assessing units established by the commissioner pursuant to subdivision

one of section three hundred fifty-four of this title. Certification as

eligible for the position of assessor shall be for a period of three

years and may be renewed after the expiration of this period with or

without examination in accordance with regulations established by the

commissioner. Upon request by an assessing unit, the commissioner shall

provide a list of candidates certified as eligible for the position of

assessor pursuant to this section.

Failure to obtain or maintain certification. 1. The

commissioner shall conduct a hearing upon notice to the chief assessor

and the clerk of the city for which the assessor serves, such hearing to

be conducted within the city where the assessing unit is located no

later than thirty days after delivery of such notice, where it appears

that an assessor has failed:

(a) within the applicable period to file, with the clerk of the city

for which the assessor serves, a certificate of the commissioner stating

that he or she has fulfilled the requirements of section three hundred

fifty-four of this title; or

(b) to file, with the clerk of the local government for which the

assessor serves, a temporary certificate as provided in subdivision

three of this section.

2. If, after such hearing, the commissioner finds that an assessor has

failed to comply with any applicable requirements as stated in

subdivision one of this section, the appointment of that assessor shall

be revoked.

3. In the event that an assessor shall have been unable to enroll in

or complete any course of continuing training and education for reasons

beyond his or her control and, as a result thereof, is not certified,

the commissioner may issue a temporary certificate which will enable the

assessor to continue in office pending completion of such course at the

earliest date when such course is next available as specified by the

commissioner. Such temporary certificate shall be filed with the clerk

of the city for which the assessor serves and shall permit the assessor

to continue in office for the period set forth therein. Upon the

expiration of such temporary certificate and after a hearing as

hereinabove provided, the appointment of an assessor shall be revoked in

the case of an assessor unless the assessor has filed a certificate as

hereinabove provided.

4. In any hearing conducted pursuant to this section, a statement

signed by the commissioner stating that he or she has made a diligent

search of the records of the department and has found no record, entry,

or filing of a specified nature, shall be prima facie evidence that the

records of the department contain no such record, entry, or filing.

City appraisal personnel. No person shall be employed by a city

and assigned professional appraisal duties which relate to the

assessment or adjudication of real property for purposes of taxation

unless he or she meets the minimum qualification standards established

by the commissioner. Such appraisal personnel shall attend courses of

training and education prescribed by the commissioner under this title.

Notwithstanding the provisions of this section or any other law, the

travel and other actual and necessary expenses incurred by such

appraisal personnel employed in the office of such assessor in attending

courses of training as required by this section shall be a state charge

upon audit by the comptroller.

Adoption of local law. No local law shall be adopted which is

inconsistent with the provisions of this title.

Inconsistent laws inapplicable. Provisions of all general,

special, local or other laws which are inconsistent with the provisions

of this title shall be inapplicable to cities to which this title

applies, but if not inconsistent shall apply to such cities.

United States. 1. Real property owned by the United States

shall be exempt from taxation, except as otherwise provided by the laws

of the United States.

2. Real property occupied exclusively or in part by the United States

pursuant to the provisions of the public buildings purchase contract act

of nineteen hundred fifty-four (Public Law 519, 83rd Congress) shall be

exempt from taxation and exempt from special ad valorem levies and

special assessments to the extent provided in section four hundred

ninety of this chapter, during the period that the United States is

required to make reimbursement for taxes payable on such property,

provided that the United States enters into an agreement or agreements

with the municipal corporation or corporations in which such properties

are located, whereby it will undertake to pay a fair and reasonable sum

annually on such property as taxes. Where a part of the property is so

occupied by the United States, such part only shall be exempt and the

remainder thereof shall be subject to taxation, special ad valorem

levies and special assessments. The sums received by any municipal

corporation pursuant to this subdivision shall be devoted to purposes to

which taxes may be applied.

United States or state property held under contract of sale.

1. Whenever the legal title of real property is in the United States,

or in the state of New York, but the use, occupation or possession

thereof is in a person, partnership, association or corporation under a

contract of sale or other agreement whereby a right to acquire the

premises through an option, a first privilege or a first refusal is

granted, or whereby upon one or more payments the legal title thereto is

to be or may be acquired by such person, partnership, association or

corporation, his or its interest in such real property shall be assessed

and taxed as real property and shall be entered in the assessment roll

in the same manner as if such person, partnership, association or

corporation held the legal title to such property, except for the

addition to the description of the words "interest under contract",

"interest under option", or other appropriate words descriptive of the

interest in the property so assessed. Such assessment shall be at the

full value of such interest.

2. The assessors shall add to the assessment roll opposite the

description of any such interest a notation stating that the real

property itself so owned by the United States, or by the state, is not

to be taxed. Every notice of sale or other process and every conveyance

or other instrument affecting the title to any such property, consequent

upon the non-payment of any such tax, shall contain a statement that

such legal title is not sold or to be sold or affected.

3. The classification of such interest as real property for the

purposes of taxation under this chapter shall not be affected by any

provision of the contract or agreement under which the same is held.

State of New York. 1. Real property owned by the state of

New York or any department or agency thereof, including but not limited

to real property described in subdivisions two and three of this

section, whether heretofore or hereafter acquired or constructed, is and

shall be deemed to have been and to be exempt from taxation and exempt

from special ad valorem levies and special assessments to the extent

provided in section four hundred ninety of this chapter, except as

otherwise provided in title two of article five of this chapter.

2. Real property owned by the New York state employees' retirement

system acquired or constructed pursuant to subdivision h of section

thirteen of the retirement and social security law shall be exempt from

taxation.

3. Real property owned by the New York state teachers' retirement

system acquired or constructed pursuant to subdivision eight of section

five hundred eight of the education law shall be exempt from taxation.

Municipal corporations. 1. Real property owned by a municipal

corporation within its corporate limits held for a public use shall be

exempt from taxation and exempt from special ad valorem levies and

special assessments to the extent provided in section four hundred

ninety of this chapter.

2. Real property owned by a municipal corporation not within its

corporate limits while used for the provision of fire protection

services provided that some fire protection services are available to

the municipal corporation in which the real property is located, for a

public park, public aviation field, highway or for flood control and

soil conservation purposes as provided in section two hundred

twenty-three of the county law shall be exempt from taxation by any

municipal corporation in which it is located, provided the governing

board thereof shall so agree in writing.

3. Real property owned by a municipal corporation not within its

corporate limits while used as a sewage disposal plant or system,

including necessary connections and appurtenances, or real property

owned by a municipal corporation having a population of less than one

hundred thousand or a population of two hundred twenty-five thousand or

more but less than three hundred thousand used as a water plant, pumping

station, water treatment plant, water shed or reservoir, including

necessary connections and appurtenances shall be wholly or partially

exempt from taxation and wholly or partially exempt from special ad

valorem levies and special assessments, by any municipal corporation in

which located, provided the governing board thereof shall so agree in

writing.

4. The aqueducts which are a part of the water supply system of the

city of New York shall be entitled to the exemption provided by law.

5. Real property owned by a municipal corporation acquired by tax

deed, by referee's deed in tax foreclosure, pursuant to article eleven

of this chapter or pursuant to a deed made in lieu of tax foreclosure

shall be deemed to be held by it for a public use for a period of three

years from the date of the deed and during such period shall be exempt

from taxation and special ad valorem levies, but shall be liable for

taxes for school purposes and special assessments. Any such property

from which a municipal corporation is receiving revenue on the date of

taxable status, however, shall not be so exempt.

6. County reforested lands shall be entitled to the exemption provided

in the county law.

7. Real property owned by a municipal corporation on January first,

nineteen hundred sixty-eight outside the boundaries of the municipal

corporation shall be exempt from taxation where: (a) such property is

used for public aviation purposes; and (b) is served by three or more

major passenger air carriers; and (c) payments in lieu of real property

taxes are paid in accordance herewith. The owning municipal corporation

shall make payments in lieu of real property taxes to the county, town,

school districts and villages in which it is located in an amount which

will not be less than the amount of taxes finally determined to be

payable pursuant to the law in effect on the effective date of this act

or any agreement in effect on the effective date of this act made

pursuant to law. The owning municipal corporation is hereby authorized

and empowered to make payments in lieu of real property taxes in excess

of the amounts required by this subdivision.

8. Real property owned by a municipal corporation not within its

corporate limits while used for a municipal electrical generation and

distribution system, including necessary connections and appurtenances,

shall be wholly or partially exempt from taxation and wholly or

partially exempt from special ad valorem levies and special assessments,

by any municipal corporation in which located, provided the governing

board thereof shall so agree in writing.

School districts and boards of cooperative educational

services. Notwithstanding any limitation contained in section four

hundred six of this chapter, all real property owned by a school

district or board of cooperative educational services and all

improvements thereon leased by such a district or board provided that

such leased improvements are used for educational purposes and provided,

further, that such lease provides that such district or board is liable

for all taxation, special ad valorem levies and special assessments

levied upon such improvements shall be exempt from taxation and exempt

from special ad valorem levies and special assessments to the extent

provided in section four hundred ninety of this chapter.

Special districts. Real property owned by a special district,

or the property owners therein, within its boundaries used exclusively

for the purpose for which such district was established shall be exempt

from taxation and exempt from special ad valorem levies and special

assessments to the extent provided in section four hundred ninety of

this chapter, except as otherwise provided in section two hundred

seventy-two of the county law.

Special districts. Real property owned by a special

district, or the property owners therein, not within its district

boundaries which is used as a sewage disposal plant or system, including

necessary connections and appurtenances, or real property owned by a

special district used as a water plant, pumping station, water treatment

plant, or reservoir, including necessary connections and appurtenances,

shall be wholly or partially exempt from taxation and exempt from

special ad valorem levies and special assessments to the extent provided

in section four hundred ninety of this chapter, by any municipal

corporation in which located, providing the governing board thereof

shall so agree in writing.

1. Special water districts. Real property in the county of

Oswego owned by a special water district, not within its district

boundaries and used as a pumping station, water treatment plant,

pipeline and/or reservoir, including all necessary connections and

appurtenances, for purposes of drawing water from Lake Ontario, shall be

wholly exempt from taxation and exempt from special ad valorem levies

and special assessments to the extent provided in section four hundred

ninety of this chapter if: (a) such special district makes available to

customers within the county of Oswego at least twenty-five percent of

the water drawn from Lake Ontario; (b) the municipal corporation in

which such property is situated shall use or shall have created a

special assessment district to use water from any of the facilities of

said special water district; and (c) said special water district makes

water available to any users in such municipal corporation or special

assessment district at the same rate as it is supplied in the said

special water district to users in the municipal corporation where the

said special water district's pipeline first enters the special water

district. As used herein, "rate" shall include all user charges and any

charges imposed upon real property by the special water district for the

cost of capital improvements.

2. Real property in the county of Cayuga owned by a special water

district, not within its district boundaries and used or to be used as

or for a pumping station, water treatment plant, pipeline and/or

reservoir, including all necessary connections and appurtenances, for

the purpose of supplying or drawing water from Lake Ontario, shall be

wholly exempt from taxation and exempt from special ad valorem levies

and special assessments to the extent provided in section four hundred

ninety of this chapter if: (a) at any time hereafter, such special water

district, at the request of the county of Cayuga, supplies to customers

within the county of Cayuga water drawn from Lake Ontario, and (b) said

special water district makes such water available to users in Cayuga

county at the same rate as it is supplied to users in the most

northwesterly town located within said special water district. As used

herein, "rate" shall include all user charges and any charges imposed

upon real property by the special water district for the cost of capital

improvements.

Public authorities. Real property owned by public authorities

enumerated in the public authorities law shall be entitled to such

exemption as may be provided therein.

Industrial development agencies. 1. Real property owned by or

under the jurisdiction, supervision or control of industrial development

agencies enumerated in the general municipal law shall be entitled to

such exemption as may be provided therein.

2. Application for such exemption must be made by the agency on a form

prescribed by the commissioner and shall be filed in the office of the

assessor on or before the appropriate taxable status date for the year

in which the exemption is first claimed. At such time, copies of such

application shall be mailed or delivered to the chief elected official

of each school district, city, county, town and village within which the

project is located. Such application shall include an extract of the

terms of any agreement relating to the project. No application shall be

required in subsequent years unless the terms of the agreement are

modified or changed.

Industrial development agency railroad property. Railroad

real property owned by or under the jurisdiction, supervision or control

of an industrial development agency enumerated in the general municipal

law which is leased by such agency to a railroad company shall be exempt

from taxation to the extent provided in the general municipal law, and

from special ad valorem levies and special assessments to the extent

that the assessed valuation of such property exceeds the railroad

ceiling of such property determined in accordance with the earnings

ratio as prescribed in title two-A or two-B of this article on an

assessment roll finally completed and filed in nineteen hundred

eighty-nine. For assessment rolls completed and filed after nineteen

hundred eighty-nine, the assessor may adjust the assessment of such

property to account for either physical changes to the property or a

change in the level of assessment as determined by the commissioner.

However, following a revaluation or update, the assessor shall assess

such property without regard to the restrictions of this section.

Public housing, publicly assisted housing and limited-profit

nursing homes. Real property owned by a municipal housing authority and

"war demobilization emergency housing" shall be entitled to the

exemption provided in the public housing law. Real property owned by a

limited-profit housing company, a limited dividend housing company or a

housing development fund company shall be entitled to the exemption

provided in the private housing finance law, except as otherwise

provided in section four hundred twenty-two of this chapter. Real

property owned by a limited-profit nursing home company shall be

entitled to the exemption provided in the public health law.

United Nations. Real property owned by the United Nations or

of any world-wide international organization of which the United States

shall be a member and which shall be established and shall provide

international agencies in order to maintain international peace and

security, develop friendly relations among nations and achieve

international cooperation in solving international problems of an

economic, social, cultural or humanitarian character, by taking action

which includes effective collective measures for the prevention and

removal of threats to peace, for the suppression of acts of aggression

or other breaches of the peace and for the bringing about by peaceful

means, and in conformity with the principles of justice and

international law, of the adjustment or settlement of international

disputes or situations which might lead to a breach of the peace,

exclusively used for the purpose of establishing and maintaining thereon

headquarters for offices and for places of assembly for carrying on the

functions of United Nations or other such world-wide international

organization shall be exempt from taxation, special ad valorem levies

and special assessments. The exemption granted by this section shall

continue with respect to such real property as long as it remains the

property of the United Nations or any world-wide international

organization as herein described and is used exclusively for the purpose

of maintaining thereon headquarters for offices and places of assembly

for carrying on the functions of the United Nations or such world-wide

international organization, and no longer. Any building, each portion

thereof, and the land on which such building is constructed, to the

extent and from time to time constituting part or all of the reuse

project defined in chapter three hundred forty-five of the laws of

nineteen hundred sixty-eight, shall be exempt from real property

taxation, provided that in connection with such reuse project, an

agreement shall be entered into with the city of New York providing for

payments in lieu of property taxes with respect to any space in such

reuse project that is not used for carrying on the functions of the

United Nations and is not used for purposes that satisfy the

requirements for exemption from taxation under either section four

hundred eighteen or section four hundred twenty-a of this article.

Foreign governments. 1. Real property of a foreign

government which is a member of the United Nations or any world-wide

international organization as defined in section four hundred sixteen of

this chapter, the legal title to which stands in the name of such

foreign government or the principal resident representative or resident

representative with the rank of ambassador or minister plenipotentiary

of such foreign government to the United Nations or other such

world-wide international organization, used exclusively for the purposes

of maintaining offices or quarters, for such representatives, or offices

for the staff of such representatives, shall be exempt from taxation,

except levies made on a city-wide or borough-wide basis which are

collectible with the real property tax, and special ad valorem levies to

the extent provided in section four hundred ninety of this chapter. If

a portion only of any lot or building of any such government or

representative is used exclusively for the purposes herein described,

then such portion only shall be exempt and the remainder shall be

subject to taxation unless otherwise exempt from taxation by law. The

exemption granted by this section shall apply to taxes which become due

and payable after the date such property is used for the purposes herein

stated, and shall continue with respect to such property as long as it

remains the property of such government and is used for the purposes

herein stated and no longer.

2. If at any time (a) special ad valorem levies or special

assessments levied against the property or (b) taxes with respect to the

taxable portion of the property, if any, are in arrears, the exemption

granted herein shall not apply until the arrears are fully paid.

Nonprofit organizations; mandatory class. 1. (a) Real

property owned by a corporation or association organized or conducted

exclusively for religious, charitable, hospital, educational, or moral

or mental improvement of men, women or children purposes, or for two or

more such purposes, and used exclusively for carrying out thereupon one

or more of such purposes either by the owning corporation or association

or by another such corporation or association as hereinafter provided

shall be exempt from taxation as provided in this section.

(b) Real property such as specified in paragraph (a) of this

subdivision shall not be exempt if any officer, member or employee of

the owning corporation or association shall receive or may be lawfully

entitled to receive any pecuniary profit from the operations thereof,

except reasonable compensation for services in effecting one or more of

such purposes, or as proper beneficiaries of its strictly charitable

purposes; or if the organization thereof for any such avowed purposes be

a guise or pretense for directly or indirectly making any other

pecuniary profit for such corporation or association or for any of its

members or employees; or if it be not in good faith organized or

conducted exclusively for one or more of such purposes.

2. If any portion of such real property is not so used exclusively to

carry out thereupon one or more of such purposes but is leased or

otherwise used for other purposes, such portion shall be subject to

taxation and the remaining portion only shall be exempt; provided,

however, that such real property shall be fully exempt from taxation

although it or a portion thereof is used (a) for purposes which are

exempt pursuant to this section or sections four hundred twenty-b, four

hundred twenty-two, four hundred twenty-four, four hundred twenty-six,

four hundred twenty-eight, four hundred thirty or four hundred fifty of

this chapter by another corporation which owns real property exempt from

taxation pursuant to such sections or whose real property if it owned

any would be exempt from taxation pursuant to such sections, (b) for

purposes which are exempt pursuant to section four hundred six or

section four hundred eight of this chapter by a corporation which owns

real property exempt from taxation pursuant to such section or if it

owned any would be exempt from taxation pursuant to such section, (c)

for purposes which are exempt pursuant to section four hundred sixteen

of this chapter by an organization which owns real property exempt from

taxation pursuant to such section or whose real property if it owned any

would be exempt from taxation pursuant to such section, (d) for purposes

relating to civil defense pursuant to the New York state defense

emergency act, including but not limited to activities in preparation

for anticipated attack, during attack, or following attack or false

warning thereof, or in connection with drill or test ordered or directed

by civil defense authorities, or (e) for purposes of a tax-free NY area

that has been approved pursuant to article twenty-one of the economic

development law, subject to the conditions that the real property must

have been owned by the corporation or association organized exclusively

for educational purposes and exempt pursuant to this section on June

first, two thousand thirteen, and that the exemption shall apply only to

the portion of such real property that is used for purposes of the

START-UP NY program; and provided further that such real property shall

be exempt from taxation only so long as it or a portion thereof, as the

case may be, is devoted to such exempt purposes and so long as any

moneys paid for such use do not exceed the amount of the carrying,

maintenance and depreciation charges of the property or portion thereof,

as the case may be.

3. Such real property from which no revenue is derived shall be exempt

though not in actual use therefor by reason of the absence of suitable

buildings or improvements thereon if (a) the construction of such

buildings or improvements is in progress or is in good faith

contemplated by such corporation or association or (b) such real

property is held by such corporation or association upon condition that

the title thereto shall revert in case any building not intended and

suitable for one or more such purposes shall be erected upon such

premises or some part thereof.

4. Such real property shall be so exempt although it is used as a

polling place upon days of registration and election.

5. Such real property owned and actually used for hospital purposes by

a free public hospital which depends for maintenance and support upon

voluntary charity, shall be so exempt from taxation although a portion

thereof is leased or otherwise used for the purposes of income, if such

income is necessary for and is actually applied to the maintenance and

support of such hospital.

6. Such real property outside a city owned by a free public library or

held in trust by an educational corporation for free library purposes

shall be so exempt from taxation although a portion thereof is leased or

otherwise used for purposes of income, if such income is necessary for

and is actually applied to the maintenance and support of such library.

7. Real property which was, on the first day of January, nineteen

hundred eighty-three owned for more than one hundred years by a

corporation organized exclusively for purposes specified in subdivision

one of this section under a grant or devise and a special charter

granted by the legislature of the state of New York subject to

conditions which raise doubt as to the power of such corporation to

convey fee title to the property shall, if the property is used

exclusively for educational purposes by an educational corporation which

owns real property exempt from taxation, or whose real property if it

owned any would be exempt from taxation, as lessee for a term of not

less than twenty-five years and if such lease were in effect on the

first day of January, nineteen hundred eighty-three and requires the

lessee to pay all taxes levied against the property, be exempt from

taxation to the same extent and subject to the same conditions and

exceptions as property owned and used for educational purposes by a

corporation organized exclusively for educational purposes, regardless

of whether the moneys paid to the lessor by the lessee are limited to

the amount of the carrying, maintenance and depreciation charges of the

property.

8. Real property exempt from taxation pursuant to this section shall

also be exempt from special ad valorem levies and special assessments to

the extent provided in section four hundred ninety of this chapter.

9. In addition to the exemption provided in this section, any stadium

facility owned by a corporation organized exclusively for educational

purposes which is constructed in whole or in substantial part with state

funds shall be exempt from taxation notwithstanding its use by the

state, by a municipal corporation for a public use, or by or for

not-for-profit organizations.

10. Real property, which on the first day of January, nineteen hundred

ninety was exempt from real property taxation pursuant to this section

by reason of the ownership and use of such property by a corporation

organized exclusively for educational purposes, and which the fee title

to such property is conveyed prior to June thirtieth, nineteen hundred

ninety-one to a governmental entity, shall be exempt from taxation;

provided that (a) as a condition of such conveyance such property is

leased, for a term or terms exceeding one hundred years, to an

educational corporation whose real property, when used for educational

purposes, is exempt from taxation, and (b) such property shall continue

to be used by such corporation exclusively for educational purposes

subject to the same conditions and exceptions as property owned and used

for educational purposes by a corporation organized exclusively for such

purposes.

11. An exemption may be granted pursuant to this section upon

application by the owner on a form prescribed by the commissioner or any

comparable form, which application may be filed with the assessor of the

appropriate county, city, town or village on or before the applicable

taxable status date. Where the assessor receives no such application,

the assessor may nevertheless grant the exemption provided the assessor

personally inspects the property and certifies in writing that it

satisfies all of the requirements for exemption set forth in this

section. Where property is not granted an exemption pursuant to this

section, the owner may seek judicial review pursuant to article seven of

this chapter or article seventy-eight of the civil practice law and

rules.

12. Notwithstanding any provision of this chapter or any other law to

the contrary, real property, the fee title to which was acquired on

March twenty-third, nineteen hundred ninety-four pursuant to a mortgage

foreclosure sale conducted by the federal deposit insurance corporation,

by a corporation or association organized exclusively for educational

purposes, and which was used exclusively by such corporation or

association for carrying out thereupon educational purposes during the

period beginning on the date the fee title was acquired by such

corporation or association and ending on June thirtieth, nineteen

hundred ninety-five, shall be exempt from taxation for such period as

provided in this section. The city of New York may negotiate and execute

with the owner of real property in the city of New York qualifying for

exemption under this subdivision, an agreement for the payment of unpaid

real property taxes and interest thereon that accrued on such property

prior to the date on which the fee title to such property was acquired

by such owner. Notwithstanding any provision of this chapter or the

administrative code of the city of New York or any other law to the

contrary, such agreement may require that payment of such taxes and

interest thereon be made in quarterly installments over a period not to

exceed thirty years.

13. Notwithstanding any provision of this chapter or any other law to

the contrary, real property, the fee title to which was acquired on

March twenty-third, nineteen hundred ninety-four pursuant to a mortgage

foreclosure sale conducted by the federal deposit insurance corporation

by a corporation or association organized exclusively for educational

purposes, and which has been used exclusively by such corporation or

association for carrying out thereupon educational purposes since the

date on which the fee title was acquired by such corporation or

association, and is currently being used for such purposes, shall be

exempt from taxation as provided in this section and the city of New

York may cancel and annul any unpaid real property taxes that accrued on

such real property prior to the date on which the fee title to such

property was acquired by such owner together with any interest accruing

on such unpaid real property taxes.

14. Notwithstanding any provision of this chapter or any other law to

the contrary, real property in block 1175 in the county of Kings leased

to the unified court system for the establishment and operation of a

court officer academy authorized pursuant to section two hundred

nineteen-b of the judiciary law shall be exempt from taxation for the

duration of such lease provided that such property shall be used for

such purpose and provided that title to such property shall not be

conveyed to another owner at any time during the duration of such lease.

15. Notwithstanding any provision of this chapter or any other law to

the contrary, real property in block 1272 in the borough of Brooklyn,

the fee title to which was acquired in 1997 or 1998 in order to

establish a museum and center for children by a not-for-profit

corporation or association organized exclusively for charitable

purposes, and which has been used exclusively by such corporation or

association for carrying out thereupon charitable purposes since the

date on which the fee title was acquired by such corporation or

association, shall be exempt from taxation as provided in this section

and the city of New York may cancel and annul any unpaid real property

taxes that accrued on such real property prior to the date on which the

fee title to such property was acquired by such owner together with any

interest accruing such unpaid real property taxes.

16. (a) (i) For the purposes of this subdivision, "municipal

corporation" shall mean a county, city, town, village or school district

which, after public hearing, adopts a local law, ordinance or

resolution, providing that this subdivision shall be applicable to

nonprofit organizations within its jurisdiction. Such local law,

ordinance or resolution shall apply to property transfers occurring on

or after the effective date of such local law, ordinance or resolution.

A copy of such local law, ordinance or resolution shall be filed with

the commissioner.

(ii) Where a nonprofit organization that meets the requirements for an

exemption pursuant to this section, purchases property after the levy of

taxes, such nonprofit organization may, if permitted by a local law,

ordinance or resolution of the municipal corporation in which the

nonprofit organization is located, file an application for exemption

with the assessor no later than the time specified in such local law,

ordinance or resolution. The assessor shall make a determination of

whether the parcel would have qualified for exempt status on the tax

roll on which the taxes were levied, had title to the parcel been in the

name of the applicant on the taxable status date applicable to the tax

roll. The application shall be on a form prescribed by the commissioner.

The assessor, no later than thirty days after receipt of such

application, shall notify both the applicant and the board of assessment

review, by first class mail, of the exempt amount, if any, and the right

of the owner to a review of the exempt amount upon the filing of a

written complaint. Such complaint shall be on a form prescribed by the

commissioner and shall be filed with the board of assessment review

within twenty days of the mailing of such notice. If no complaint is

received, the board of assessment review shall so notify the assessor

and the exempt amount determined by the assessor shall be final. If the

applicant files a complaint, the board of assessment review shall

schedule a time and place for a hearing with respect thereto no later

than thirty days after the mailing of the notice by the assessor. The

board of assessment review shall meet and determine the exempt amount,

and shall immediately notify the assessor and the applicant, by first

class mail, of its determination. The amount of exemption determined

pursuant to this paragraph shall be subject to review as provided in

article seven of this chapter. Such a proceeding shall be commenced

within thirty days of the mailing of the notice of the board of

assessment review to the new owner as provided in this paragraph.

(iii) Upon receipt of a determination of the exempt amount as provided

in subparagraph (ii) of this paragraph, the assessor shall determine the

pro rata exemption to be credited toward such property by multiplying

the tax rate or tax rates for each municipal corporation which levied

taxes, or for which taxes were levied, on the appropriate tax roll used

for the fiscal year or years during which the transfer occurred times

the exempt amount, as determined in subparagraph (ii) of this paragraph,

times the fraction of each fiscal year or years remaining subsequent to

the transfer of title. The assessor shall immediately transmit a

statement of the pro rata exemption credit due to each municipal

corporation which levied taxes or for which taxes were levied on the tax

roll used for the fiscal year or years during which the transfer

occurred and to the applicant.

(iv) Each municipal corporation which receives notice of pro rata

exemption credits pursuant to this subdivision shall include an

appropriation in its budget for the next fiscal year equal to the

aggregate amount of such credits to be applied in that fiscal year.

Where a parcel, the owner of which is entitled to a pro rata exemption

credit, is subject to taxation in said next fiscal year, the receiver or

collector shall apply the credit to reduce the amount of taxes owed for

the parcel in such fiscal year. Pro rata exemption credits in excess of

the amount of taxes, if any, owed for the parcel shall be paid by the

treasurer of a municipal corporation which levies such taxes for or on

behalf of the municipal corporation to all owners of property entitled

to such credits within thirty days of the expiration of the warrant to

collect taxes in said next fiscal year. Notwithstanding the foregoing,

where the municipal corporation has been reimbursed by another municipal

corporation for the tax credit to be paid to the owner pursuant to this

subdivision, such credit shall be paid to such municipal corporation

instead of such owner.

(b) (i) Notwithstanding the provisions of this section, where a

nonprofit organization that meets the requirements for an exemption

pursuant to this section, purchases property after the taxable status

date but prior to the levy of taxes, such nonprofit organization may, if

permitted by a local law, ordinance or resolution of the municipal

corporation in which the nonprofit organization is located, file an

application for an exemption with the assessor within thirty days of the

transfer of title to such nonprofit organization. The assessor shall

make a determination within thirty days after receipt of such

application of whether the applicant would qualify for an exemption

pursuant to this section on the assessment roll if title had been in the

name of the applicant on the taxable status date applicable to such

assessment roll. The application shall be made on a form prescribed by

the commissioner.

(ii) If the assessor's determination is made prior to the filing of

the tentative assessment roll, the assessor shall enter the exempt

amount, if any, on the tentative assessment roll and, within ten days

after filing such roll, notify the applicant of the approval or denial

of such exemption, the exempt amount, if any, and the applicant's right

to review by the board of assessment review.

(iii) If the assessor's determination is made after the filing of the

tentative assessment roll, the assessor shall petition the board of

assessment review to correct the tentative or final assessment roll in

the manner provided in title three of article five of this chapter, with

respect to unlawful entries, in the case of wholly exempt parcels, and

with respect of clerical errors, in the case of partially exempt

parcels, if the assessor determines that an exemption should be granted

and, within ten days of petitioning the board of assessment review,

notify the applicant of the approval or denial of such exemption, the

amount of such exemption, if any, and the applicant's right to

administrative or judicial review of such determination pursuant to

article five or seven of this chapter, respectively.

(c) If, for any reason, a determination to exempt property from

taxation as provided in paragraph (b) of this subdivision is not entered

on the final assessment roll, the assessor shall petition the board of

assessment review to correct the final assessment roll.

(d) If, for any reason, the pro rata tax credit as provided in

paragraph (a) of this subdivision is not extended against the tax roll

immediately succeeding the fiscal year during which the transfer

occurred, the assessor shall immediately notify the municipal

corporation which levied the tax or for which the taxes were levied of

the amount of pro rata exemption credits for the year in which such

transfer occurred. Such municipal corporation shall proceed as provided

in subparagraph (iv) of paragraph (a) of this subdivision.

(e) If, for any reason, a determination to exempt property from

taxation as provided in paragraph (b) of this subdivision is not entered

on the tax roll for the year immediately succeeding the fiscal year

during which the transfer occurred, the assessor shall determine the pro

rata tax exemption credit for such tax roll by multiplying the tax rate

or tax rates for each municipal corporation which levied taxes or for

which taxes were levied times the exempt amount and shall immediately

notify such municipal corporation or corporations of the pro rata

exemption credits for such tax roll. Such municipal corporation shall

add such pro rata exemption credits for such property to any outstanding

pro rata exemption amounts and proceed as provided in subparagraph (iv)

of paragraph (a) of this subdivision.

Nonprofit organizations; permissive class. 1. (a) Real

property owned by a corporation or association which is organized

exclusively for bible, tract, benevolent, missionary, infirmary, public

playground, scientific, literary, bar association, medical society,

library, patriotic or historical purposes, for the development of good

sportsmanship for persons under the age of eighteen years through the

conduct of supervised athletic games, for the enforcement of laws

relating to children or animals, or for two or more such purposes, and

used exclusively for carrying out thereupon one or more of such purposes

either by the owning corporation or association, or by another such

corporation or association as hereinafter provided, shall be exempt from

taxation; provided, however, that such property shall be taxable by any

municipal corporation within which it is located if the governing board

of such municipal corporation, after public hearing, adopts a local law,

ordinance or resolution so providing. None of the following subdivisions

of this section providing that certain properties shall be exempt under

circumstances or conditions set forth in such subdivisions shall exempt

such property from taxation by a municipal corporation whose governing

board has adopted a local law, ordinance or resolution providing that

such property shall be taxable pursuant to this subdivision.

(b) No local law, ordinance or resolution adopted pursuant to this

subdivision shall provide for the taxation of any particular property or

owner. Any such local law, ordinance or resolution shall apply alike to

all property owned by any corporation or association organized for one

or more of the purposes specified in such local law, ordinance or

resolution, and used for carrying out thereupon one or more of such

purposes. Any purpose so specified in the local law, ordinance or

resolution must be one of the purposes listed in paragraph (a) of this

subdivision, but the purposes so specified in the local law, ordinance

or resolution need not include all the purposes listed in said

paragraph. Any local law, ordinance or resolution adopted pursuant to

this subdivision may be amended or repealed.

(c) Real property such as specified in paragraph (a) of this

subdivision shall not be exempt if any officer, member or employee of

the owning corporation or association shall receive any pecuniary profit

from the operations thereof, except reasonable compensation for services

in effecting one or more of such purposes, or as proper beneficiaries of

its strictly charitable purposes; or if the organization thereof for any

such avowed purposes be a guise or pretense for directly or indirectly

making any other pecuniary profit for such corporation or association or

for any of its members or employees; or if it be not in good faith

organized exclusively for one or more of such purposes.

2. If any portion of such real property is not so used exclusively to

carry out thereupon one or more of the purposes listed in subdivision

one of this section, but is (a) leased or (b) otherwise used for other

purposes, such portion shall be subject to taxation and the remaining

portion only shall be exempt; provided, however, that such real property

shall be fully exempt from taxation although it or a portion thereof is

used (a) for purposes which are exempt pursuant to this section or

sections four hundred twenty-a, four hundred twenty-two, four hundred

twenty-four, four hundred twenty-six, four hundred twenty-eight, four

hundred thirty or four hundred fifty of this article by another

corporation which owns real property exempt from taxation pursuant to

such sections or whose real property if it owned any would be exempt

from taxation pursuant to such sections, (b) for purposes which are

exempt pursuant to section four hundred six or section four hundred

eight of this chapter by a corporation which owns real property exempt

from taxation pursuant to such section, (c) for purposes which are

exempt pursuant to section four hundred sixteen of this chapter by an

organization which owns real property exempt from taxation pursuant to

such section or whose real property if it owned any would be exempt from

taxation pursuant to such section or (d) for purposes relating to civil

defense pursuant to the New York state defense emergency act, including

but not limited to activities in preparation for anticipated attack,

during attack, or following attack or false warning thereof, or in

connection with drill or test ordered or directed by civil defense

authorities; and provided further that such real property shall be

exempt from taxation only so long as it or a portion thereof, as the

case may be, is devoted to such exempt purposes and so long as any

moneys paid for such use do not exceed the amount of carrying,

maintenance and depreciation charges of the property or portion thereof,

as the case may be.

3. Such real property from which no revenue is derived shall be exempt

though not in actual use therefor by reason of the absence of suitable

buildings or improvements thereon if (a) the construction of such

buildings or improvements is in progress or is in good faith

contemplated by such corporation or association or (b) such real

property is held by such corporation or association upon condition that

the title thereto shall revert in case any building not intended and

suitable for one or more of such purposes shall be erected upon such

premises or some part thereof.

4. Such real property shall be so exempt although it is used as a

polling place upon days of registration and election.

5. Such real property outside a city owned by a free public library or

held in trust by an educational corporation for free library purposes

shall be so exempt from taxation although a portion thereof is leased or

otherwise used for purposes of income, if such income is necessary for

and is actually applied to the maintenance and support of such library.

6. Real property exempt pursuant to this section from taxation by all

municipal corporations within which it is located shall also be exempt

from special ad valorem levies and special assessments to the extent

provided in section four hundred ninety of this chapter. Real property

which is taxable by one or more, but not all, of the municipal

corporations within which it is located, pursuant to subdivision one of

this section shall also be exempt from such levies and assessments to

the same extent except that:

such real property taxable by a town shall be subject to any such

levies and assessments which are imposed to defray the costs of

improvements or services furnished by the town or by a special district

established pursuant to the town law;

such real property taxable by a county shall be subject to any such

levies and assessments which are imposed to defray the costs of

improvements or services furnished by the county or by a special

district established pursuant to the county law; and

such real property taxable by a city shall be subject to any such

levies and assessments which are imposed to defray the cost of

improvements or service furnished by the city.

7. An exemption may be granted pursuant to this section only upon

application made by the owner of the property on a form prescribed by

the commissioner. The application shall be filed with the assessor of

the appropriate county, city, town or village on or before the taxable

status date of such county, city, town or village.

8. (a) (i) For the purposes of this subdivision, "municipal

corporation" shall mean a county, city, town, village or school district

which, after public hearing, adopts a local law, ordinance or

resolution, providing that this subdivision shall be applicable to

nonprofit organizations within its jurisdiction. Such local law,

ordinance or resolution shall apply to property transfers occurring on

or after the effective date of such local law, ordinance or resolution.

A copy of such local law, ordinance or resolution shall be filed with

the commissioner.

(ii) Where a nonprofit organization that meets the requirements for an

exemption pursuant to this section, purchases property after the levy of

taxes, such nonprofit organization may file, if permitted by a local

law, ordinance or resolution of the municipal corporation in which the

nonprofit organization is located, an application for exemption with the

assessor no later than the time specified in such local law, ordinance

or resolution. The assessor shall make a determination of whether the

parcel would have qualified for exempt status on the tax roll on which

the taxes were levied, had title to the parcel been in the name of the

applicant on the taxable status date applicable to the tax roll. The

application shall be on a form prescribed by the commissioner. The

assessor, no later than thirty days after receipt of such application,

shall notify both the applicant and the board of assessment review, by

first class mail, of the exempt amount, if any, and the right of the

owner to a review of the exempt amount upon the filing of a written

complaint. Such complaint shall be on a form prescribed by the

commissioner and shall be filed with the board of assessment review

within twenty days of the mailing of such notice. If no complaint is

received, the board of assessment review shall so notify the assessor

and the exempt amount determined by the assessor shall be final. If the

applicant files a complaint, the board of assessment review shall

schedule a time and place for a hearing with respect thereto no later

than thirty days after the mailing of the notice by the assessor. The

board of assessment review shall meet and determine the exempt amount,

and shall immediately notify the assessor and the applicant, by first

class mail, of its determination. The amount of exemption determined

pursuant to this paragraph shall be subject to review as provided in

article seven of this chapter. Such a proceeding shall be commenced

within thirty days of the mailing of the notice of the board of

assessment review to the new owner as provided in this paragraph.

(iii) Upon receipt of a determination of the exempt amount as provided

in subparagraph (ii) of this paragraph, the assessor shall determine the

pro rata exemption to be credited toward such property by multiplying

the tax rate or tax rates for each municipal corporation which levied

taxes, or for which taxes were levied, on the appropriate tax roll used

for the fiscal year or years during which the transfer occurred times

the exempt amount, as determined in subparagraph (ii) of this paragraph,

times the fraction of each fiscal year or years remaining subsequent to

the transfer of title. The assessor shall immediately transmit a

statement of the pro rata exemption credit due to each municipal

corporation which levied taxes or for which taxes were levied on the tax

roll used for the fiscal year or years during which the transfer

occurred and to the applicant.

(iv) Each municipal corporation which receives notice of pro rata

exemption credits pursuant to this subdivision shall include an

appropriation in its budget for the next fiscal year equal to the

aggregate amount of such credits to be applied in that fiscal year.

Where a parcel, the owner of which is entitled to a pro rata exemption

credit, is subject to taxation in said next fiscal year, the receiver or

collector shall apply the credit to reduce the amount of taxes owed for

the parcel in such fiscal year. Pro rata exemption credits in excess of

the amount of taxes, if any, owed for the parcel shall be paid by the

treasurer of a municipal corporation which levies such taxes for or on

behalf of the municipal corporation to all owners of property entitled

to such credits within thirty days of the expiration of the warrant to

collect taxes in said next fiscal year. Notwithstanding the foregoing,

where the municipal corporation has been reimbursed by another municipal

corporation for the tax credit to be paid to the owner pursuant to this

subdivision, such credit shall be paid to such municipal corporation

instead of such owner.

(b) (i) Notwithstanding the provisions of this section, where a

nonprofit organization that meets the requirements for an exemption

pursuant to this section, purchases property after the taxable status

date but prior to the levy of taxes, such nonprofit organization may, if

permitted by a local law, ordinance or resolution of the municipal

corporation in which the nonprofit organization is located, file an

application for an exemption with the assessor within thirty days of the

transfer of title to such nonprofit organization. The assessor shall

make a determination within thirty days after receipt of such

application of whether the applicant would qualify for an exemption

pursuant to this section on the assessment roll if title had been in the

name of the applicant on the taxable status date applicable to such

assessment roll. The application shall be made on a form prescribed by

the commissioner.

(ii) If the assessor's determination is made prior to the filing of

the tentative assessment roll, the assessor shall enter the exempt

amount, if any, on the tentative assessment roll and, within ten days

after filing such roll, notify the applicant of the approval or denial

of such exemption, the exempt amount, if any, and the applicant's right

to review by the board of assessment review.

(iii) If the assessor's determination is made after the filing of the

tentative assessment roll, the assessor shall petition the board of

assessment review to correct the tentative or final assessment roll in

the manner provided in title three of article five of this chapter, with

respect to unlawful entries, in the case of wholly exempt parcels, and

with respect of clerical errors, in the case of partially exempt

parcels, if the assessor determines that an exemption should be granted

and, within ten days of petitioning the board of assessment review,

notify the applicant of the approval or denial of such exemption, the

amount of such exemption, if any, and the applicant's right to

administrative or judicial review of such determination pursuant to

article five or seven of this chapter, respectively.

(c) If, for any reason, a determination to exempt property from

taxation as provided in paragraph (b) of this subdivision is not entered

on the final assessment roll, the assessor shall petition the board of

assessment review to correct the final assessment roll.

(d) If, for any reason, the pro rata tax credit as provided in

paragraph (a) of this subdivision is not extended against the tax roll

immediately succeeding the fiscal year during which the transfer

occurred, the assessor shall immediately notify the municipal

corporation which levied the tax or for which the taxes were levied of

the amount of pro rata exemption credits for the year in which such

transfer occurred. Such municipal corporation shall proceed as provided

in subparagraph (iv) of paragraph (a) of this subdivision.

(e) If, for any reason, a determination to exempt property from

taxation as provided in paragraph (b) of this subdivision is not entered

on the tax roll for the year immediately succeeding the fiscal year

during which the transfer occurred, the assessor shall determine the pro

rata tax exemption credit for such tax roll by multiplying the tax rate

or tax rates for each municipal corporation which levied taxes or for

which taxes were levied times the exempt amount and shall immediately

notify such municipal corporation or corporations of the pro rata

exemption credits for such tax roll. Such municipal corporation shall

add such pro rata exemption credits for such property to any outstanding

pro rata exemption amounts and proceed as provided in subparagraph (iv)

of paragraph (a) of this subdivision.

Exemption from local real property taxation of certain low

income housing accommodations in a city having a population of one

million or more. 1. In a city having a population of one million or

more, real property owned by a corporation, partnership or limited

liability company formed for the purpose of providing housing

accommodations for persons and families of low income as defined in

section two of the private housing finance law and used for such

purpose, shall be exempt from local real property taxation, provided

that such corporation, partnership or limited liability company: (a) is

organized as a non-profit housing development fund company pursuant to

article eleven of the private housing finance law, or is a non-profit

housing corporation as defined in article eleven of the private housing

finance law which is not incorporated as a housing development fund

company as defined in article eleven of the private housing finance law,

or is a wholly-owned subsidiary of such a company or is a partnership or

limited liability company the controlling interest of which is held by

such a company or corporation or by a wholly owned subsidiary of such a

company or by a corporation sponsored or formed by such a company or

corporation; and (b) has received a loan from a municipality, the state

or the housing trust fund corporation established pursuant to section

forty-five-a of the private housing finance law or any successor

corporation; and (c) enters into a regulatory agreement with the

municipality, the state or the housing trust fund corporation

established pursuant to section forty-five-a of the private housing

finance law or any successor corporation guaranteeing the provision of

housing accommodations for persons and families of low income; and (d)

is a participant in the federal low income housing tax credit program

established pursuant to section forty-two of the internal revenue code

of nineteen hundred eighty-six, as amended. Any exemption pursuant to

this section shall expire upon the expiration or termination of the

regulatory agreement.

2. An exemption may be granted pursuant to this section only upon

application by the owner on a form prescribed by the commissioner or any

comparable form, which application shall be accepted by the assessor of

such city as provided in this subdivision and in the rules and

regulations promulgated pursuant to this section by the department of

housing preservation and development in such city. No such application

shall be accepted by the assessor unless accompanied by a certificate of

the department of housing preservation and development in such city

certifying the applicant's eligibility pursuant to this section.

Notwithstanding section three hundred two of this chapter, an exemption

granted pursuant to this section shall commence as of the effective date

of the regulatory agreement with the municipality, the state or the

housing trust fund corporation established pursuant to section

forty-five-a of the private housing finance law or any successor

corporation regardless of when the application for such exemption is

approved. The department of housing preservation and development may

promulgate rules and regulations to carry out the provisions of this

section, and may require a reasonable filing fee in an amount provided

by such rules and regulations.

3. An exemption from local real property taxation pursuant to this

section shall be governed solely by subdivisions one and two of this

section if the application for such exemption is approved before the

effective date of this subdivision and shall be governed solely by

subdivision four of this section if the application for such exemption

is approved on or after the effective date of this subdivision. Any tax

exemption pursuant to subdivisions one and two of this section that is

in effect on the effective date of this subdivision shall continue in

accordance with the provisions of subdivisions one and two of this

section; provided, however, that any amendment to a regulatory agreement

on or after the effective date of this subdivision shall require a new

application for tax exemption pursuant to subdivision four of this

section. Eligible real property that receives exemption from local real

property taxation pursuant to this section at any time shall not

simultaneously receive exemption from or abatement of local real

property taxation pursuant to any other law.

4. (a) For the purposes of this subdivision, the following terms shall

have the following meanings:

(1) The term "persons and families of low income" shall have the

meaning set forth in section two of the private housing finance law.

(2) The term "tax credit program" shall mean the federal low-income

housing tax credit program established pursuant to section forty-two of

the internal revenue code of nineteen hundred eighty-six, as amended, or

any successor statute.

(3) The term "eligible real property" shall mean real property that

(i) provides housing accommodations for persons and families of low

income, and (ii) participates in or has participated in the tax credit

program.

(4) The term "charitable organization" shall mean (i) an entity formed

for purposes that include providing housing accommodations for persons

and families of low income and that has received written recognition of

exemption pursuant to section 501(c)(3) or section 501(c)(4) of the

internal revenue code of nineteen hundred eighty-six, as amended, or any

successor statute, from the United States Internal Revenue Service, or

any successor agency, or (ii) a corporation, partnership or limited

liability company wholly owned and wholly controlled by an entity formed

for purposes that include providing housing accommodations for persons

and families of low income and that has received written recognition of

exemption pursuant to section 501(c)(3) or section 501(c)(4) of the

internal revenue code of nineteen hundred eighty-six, as amended, or any

successor statute, from the United States Internal Revenue Service, or

any successor agency.

(5) The term "eligible entity" shall mean a corporation, partnership

or limited liability company at least fifty percent of the controlling

interest of which is held by a charitable organization.

(6) The term "eligible owner" shall mean one or more eligible entities

that holds (i) legal and beneficial title to eligible real property, or

(ii) a legal and beneficial leasehold interest with a term of not less

than thirty years in eligible real property.

(7) The term "regulatory agreement" shall mean a regulatory agreement

with or approved by the municipality that requires the provision of

housing accommodations for persons and families of low income, requires

that units currently or formerly assisted under the tax credit program

be rented in accordance with the income requirements of the tax credit

program, is recorded against the eligible real property, and binds all

parties in interest to the eligible real property and their respective

successors and assigns. A regulatory agreement may include such other

terms and conditions as the municipality shall determine, including, but

not limited to, provisions requiring payments in lieu of taxes.

(b) Notwithstanding any other provision in this subdivision to the

contrary, in a city having a population of one million or more, eligible

real property of an eligible owner that is subject to a regulatory

agreement shall be exempt from local real property taxation except as

may be otherwise provided in such regulatory agreement.

(c) Notwithstanding any provision of any other general or special

state or local law or charter, (1) with respect to eligible real

property that is eligible for exemption from local real property

taxation pursuant to this subdivision on the effective date of this

subdivision and that is receiving exemption from or abatement of local

real property taxation pursuant to any other law on the effective date

of this subdivision, an eligible owner may prospectively terminate such

other exemption or abatement upon entering into a new regulatory

agreement and the eligible real property shall thereafter be

prospectively entitled to exemption from local real property taxation

pursuant to this subdivision, and (2) with respect to eligible real

property that is eligible for exemption from local real property

taxation pursuant to this subdivision on the effective date of this

subdivision and that is not receiving any exemption from or abatement of

local real property taxation pursuant to subdivisions one and two of

this section or any other law on the effective date of this subdivision,

if an eligible owner enters into a new regulatory agreement, the

eligible real property shall thereafter by prospectively entitled to

exemption from local real property taxation pursuant to this

subdivision, and (3) with respect to eligible real property that is

eligible for an exemption from local real property taxation pursuant to

this subdivision on the effective date of this subdivision and that is

receiving exemption from local real property taxation pursuant to

subdivisions one and two of this section on the effective date of this

subdivision, an eligible owner may prospectively terminate such

exemption upon entering into a new regulatory agreement and the eligible

real property shall thereafter be prospectively entitled to exemption

from local real property taxation pursuant to this subdivision.

(d)(1) An exemption may be granted pursuant to this subdivision only

upon application by the eligible owner on a form prescribed by the

commissioner or any comparable form, which application shall be accepted

by the assessor of such city as provided in this subdivision and in such

rules as may be promulgated pursuant to this subdivision by the

department of housing preservation and development in such city. No such

application shall be accepted by the assessor unless accompanied by a

certificate of the department of housing preservation and development in

such city certifying the applicant's eligibility pursuant to this

subdivision.

(2) Notwithstanding section three hundred two of this chapter, an

exemption granted pursuant to this subdivision shall commence as of the

effective date of the regulatory agreement, regardless of when the

application for such exemption is approved, and shall terminate upon the

expiration or termination of such regulatory agreement. Notwithstanding

any provision of this subdivision to the contrary, if there is a default

pursuant to the regulatory agreement, and such default remains uncured

beyond any period for such cure specified in the regulatory agreement,

the municipality may terminate such exemption or suspend such exemption

until such default is cured.

(3) The department of housing preservation and development in such

city may promulgate rules to carry out the provisions of this

subdivision, and may require a reasonable filing fee in an amount

provided by such rules.

Affordable New York Housing Program. 1. The following terms,

whenever used or referred to in this section, shall have the following

meaning, unless a different meaning clearly appears in the context.

a. "Adjusted Monthly Rent." The rent payable per month as provided in

the first effective lease or occupancy agreement upon initial occupancy

of a rental dwelling unit of a multiple dwelling after construction

aided by exemption under this section less the cost of providing parking

facilities and electricity, gas, cooking fuel and other utilities other

than heat and hot water to occupants of such dwelling units.

b. "Floor area." 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.

c. "Multiple Dwelling." A dwelling which is to be occupied or is

occupied as the residence or home of three or more families living

independently of one another, whether such dwelling is rented or owned

as a cooperative or condominium. A new multiple dwelling shall include

new residential construction and the concurrent conversion, alteration

or improvement of a pre-existing building or structure provided that (i)

for all tax lots now existing or hereafter created, no more than

forty-nine percent of the floor area (as defined in paragraph b of this

subdivision) of the multiple dwelling consists of the pre-existing

building or structure that was converted, altered or improved, and (ii)

for tax lots in the city of New York now existing or hereafter created

within the following area in the borough of Manhattan, the new

residential construction and/or the concurrent conversion, alteration or

improvement of the pre-existing building or structure is aided by a

grant, loan or subsidy from any federal, state or local agency or

instrumentality: beginning at the intersection of the United States

pierhead line in the Hudson river and the center line of Chambers street

extended, thence easterly to the center line of Chambers street and

continuing along the center line of Chambers street to the center line

of Centre street, thence southerly along the center line of Centre

street to the center line of the Brooklyn Bridge to the intersection of

the Brooklyn Bridge and the United States pierhead line in the East

river, thence northerly along the United States pierhead line in the

East river and the center line of one hundred tenth street extended,

thence westerly to the center line of one hundred tenth street and

continuing along the center line of one hundred tenth street to its

westerly terminus, thence westerly to the intersection of the center

line of one hundred tenth street extended and the United States pierhead

line in the Hudson river, thence southerly along the United States

pierhead line in the Hudson river to the point of beginning.

d. "Room Count." Two and one-half rooms for each dwelling unit plus

one room for each bedroom plus one room for each additional room

separated by either walls or doors plus one-half room for a balcony,

provided that kitchens, bathrooms or corridors shall not count as such

additional rooms.

2. (a) (i) Within a city having a population of one million or more,

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 construction so long as used at the

completion of construction for dwelling purposes for a period not to

exceed ten years in the aggregate after the taxable status date

immediately following the completion thereof, 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 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 either (1) 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, or (2) a multiple dwelling or homeownership project

containing six or more dwelling units created through new construction

or eligible conversion which complies with affordability option A,

affordability option B, affordability option D, affordability option E

or affordability option F, and 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 thirty-one, provided that the

owner of such multiple dwelling or homeownership project submits a

letter of intent on a form to be promulgated by the New York city

department of housing preservation and development, to such department,

within ninety days of the date that such department promulgates such

form. The New York city department of housing preservation and

development shall promulgate such form no later than sixty days from the

effective date of the chapter of the laws of 2024 which amended this

subparagraph. For the purposes of this subparagraph, the term "letter of

intent" means documentation certifying that the owner of such multiple

dwelling or homeownership project outlined in this subparagraph intends

to apply for the benefits described in this section upon the

construction completion date. The New York city department of housing

preservation and development shall prescribe, and make available to the

public, a "letter of intent form" by which owners may use to submit such

letter of intent outlined in this subparagraph. The New York city

department of housing preservation and development shall make

information relating to letters of intent and corresponding projects

available to the public, or (3) (A) is located on a parcel of land which

was part of a tract of land for which a special permit for a large scale

general development as defined in the zoning resolution of the city of

New York was approved via the uniform land use review procedure pursuant

to sections one hundred ninety-seven-c and one hundred ninety-seven-d of

the New York city charter on or before June fifteenth, two thousand

twenty-two, and such tract contains a multiple dwelling for which the

commencement date is after December thirty-first, two thousand fifteen

and on or before June fifteenth, two thousand twenty-two; and (B)

complies with affordability option A, affordability option B,

affordability option D, affordability option E or affordability option

F.

(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.

18. (a) For the purposes of this subdivision:

(i) "Agency" shall have the same meaning as in subparagraph (xvi) of

paragraph (a) of subdivision sixteen of this section.

(ii) "Audit" shall mean any audit of an eligible property performed by

the agency under the program created by the agency pursuant to paragraph

(b) of this subdivision.

(iii) "Eligible property" shall mean any eligible multiple dwelling

that was granted benefits under the Affordable New York Housing Program

pursuant to this section, and any previous iteration of such tax benefit

program, on or after January first, two thousand fourteen, and was

subject to rent registration, affordability, and/or rent stabilization

requirements pursuant to this section on or after January first, two

thousand fourteen.

(b) The agency shall create a program to annually audit and review

eligible properties to confirm that owners of eligible properties are

complying with the rent registration, affordability, and rent

stabilization requirements of the applicable subdivision of this

section. Any owner of an eligible property subject to an audit shall

provide any and all information, data, or documentation within such

owner's or an agent of such owner's reasonable possession or control to

the agency which the agency requests, in such form or manner as the

agency requests, in order to complete an audit. The division of housing

and community renewal and the New York city department of finance shall

cooperate with the agency to provide such information within their

reasonable possession and control to the agency as the agency may

request, in such form or manner as the agency requests, to carry out an

audit. The initial audit shall be completed on or before December

thirty-first, two thousand twenty-five. The agency shall publish the

results of the audit annually on or before December thirty-first and

shall make the results of any audit publicly available on the agency's

website. No more than twenty-five percent of eligible properties shall

be subject to an audit each year, and no eligible property shall be

subject to an audit in two consecutive audits. The agency shall select

properties for an audit through a randomized process to be established

and implemented by the agency. Only eligible properties that received

benefits and were subject to affordability, rent stabilization, and/or

rent registration requirements during the prior year shall be considered

eligible.

(c) (i) If an audit finds that any owner of an eligible property is

not in compliance with the rent registration, affordability, or rent

stabilization requirements of the applicable subdivision of this

section, the agency shall, where necessary for enforcement, present

evidence of such noncompliance to the division of housing and community

renewal and the New York city department of finance of such

noncompliance no later than fifteen days after the results of the audit

have been published on the agency's website.

(ii) The agency, the division of housing and community renewal, and

the New York city department of finance may enforce any noncompliance

with the rent registration, affordability, and rent stabilization

requirements of the applicable subdivision of this section that are

identified pursuant to an audit as authorized under this section or any

other law, rule, or regulation.

Exemption of certain private dwellings, multiple dwellings

and improvements from local taxation; certain cases. 1. (a) Within a

city having a population of one million or more, private dwellings (land

and improvements) to be occupied as a residence for the first time,

whether newly constructed or resulting from the conversion of any

building or structure to a private dwelling, and existing private

dwellings previously occupied, reconstructed or improved to the extent

of at least forty percent of their assessed valuation without the

improvement, shall be exempt from all local and municipal taxes, other

than assessments for local improvements, during the tax year or years

next following the taxable status date or dates after commencement and

before completion of construction, reconstruction or conversion thereof,

but for no more than two years after commencement of such construction,

reconstruction or conversion, and shall be exempt from such local and

municipal taxes after the earlier of completion of such construction,

reconstruction or conversion or the end of such two year period, as

follows: two years of exemption from all such taxes; followed by one

year of exemption from seventy-five percent of such taxes; followed by

one year of exemption from sixty-two and one-half percent of such taxes;

followed by one year of exemption from fifty percent of such taxes;

followed by one year of exemption from thirty-seven and one-half percent

of such taxes; followed by one year of exemption from twenty-five

percent of such taxes; and followed by one year of exemption from twelve

and one-half percent of such taxes. Notwithstanding the foregoing

provisions of this paragraph: (i) exemption from local and municipal

taxes under this section shall not be available to property exempt from

such taxes under any other law; (ii) the tax lot (land and improvements)

upon which the private dwelling is constructed, reconstructed or

converted shall at all times be subject to local and municipal taxes in

an amount not less than the amount of local and municipal taxes that

would be payable thereon based upon the lesser of the assessed

valuation, during the tax year immediately preceding the tax year in

which such construction, reconstruction or conversion commenced or in

the case of new construction, the assessed valuation of the land

appearing on the assessment roll in the first year after completion of

construction; and (iii) in the event that a private dwelling, whether

owner occupied or not, is fully demolished and removed on or after

September first, two thousand four, the tax lot (land and improvements)

upon which such private dwelling was located shall not be eligible for

exemption from local and municipal taxes under this section for a period

of three years commencing upon the date of issuance of the demolition

and removal permit for such private dwelling.

(b) Within a city having a population of one million or more, multiple

dwellings (land and improvements) containing not more than four dwelling

units to be occupied as a residence for the first time, whether newly

constructed or resulting from the conversion of any building or

structure to a multiple dwelling, and existing multiple dwellings

containing not more than four dwelling units previously occupied,

reconstructed or improved to the extent of at least forty percent of

their assessed valuation without the improvement, shall be exempt from

all local and municipal taxes, other than assessments for local

improvements, during the tax year or years next following the taxable

status date or dates after commencement and before completion of

construction, reconstruction or conversion thereof, but for no more than

two years after commencement of such construction, reconstruction or

conversion, and shall be exempt from such local and municipal taxes

after the earlier of completion of such construction, reconstruction or

conversion or the end of such two year period, as follows: two years of

exemption from all such taxes; followed by one year of exemption from

seventy-five percent of such taxes; followed by one year of exemption

from sixty-two and one-half percent of such taxes; followed by one year

of exemption from fifty percent of such taxes; followed by one year of

exemption from thirty-seven and one-half percent of such taxes; and

followed by one year of exemption from twenty-five percent of such

taxes; and followed by one year of exemption from twelve and one-half

percent of such taxes. Notwithstanding the foregoing provisions of this

paragraph: (i) exemption from local and municipal taxes under this

section shall not be available to property exempt from such taxes under

any other law; (ii) the tax lot (land and improvements) upon which the

multiple dwelling is constructed, reconstructed or converted shall at

all times be subject to local and municipal taxes in an amount not less

than the amount of local and municipal taxes that would be payable

thereon based upon the lesser of the assessed valuation, during the tax

year immediately preceding the tax year in which such construction,

reconstruction or conversion commenced or in the case of new

construction, the assessed valuation of the land appearing on the

assessment roll in the first year after completion of construction;

(iii) multiple dwellings (land and improvements) shall not be eligible

for exemption from local and municipal taxes under this section unless

such multiple dwellings are developed in a governmentally assisted

project, as defined in rules promulgated by the local housing agency;

and (iv) such multiple dwellings are constructed, reconstructed or

converted on real property that has been (A) acquired by the federal

government as the result of the foreclosure of a mortgage loan insured

by the federal government and (B) conveyed by the federal government to

an owner approved by the local housing agency for the purpose of

rehabilitation in accordance with an agreement between the owner of the

real property and the federal government.

2. (a) For purposes of this section: "private dwelling" shall mean an

owner occupied building or structure, with the land on which the same is

constructed, intended for residential use and occupancy by one or more

families living independently of each other with separate cooking

facilities, which is not a multiple dwelling within the meaning of the

multiple dwelling law, and the construction, reconstruction or

conversion of which (i) is commenced after July first, nineteen hundred

seventy-eight and before July first, nineteen hundred eighty-two and is

completed no later than April first, nineteen hundred eighty-four; (ii)

is commenced on or after July first, nineteen hundred eighty-two and

before July first, nineteen hundred eighty-six and is completed no later

than July first, nineteen hundred eighty-eight; (iii) is commenced on or

after July first, nineteen hundred eighty-six and before July first,

nineteen hundred ninety and is completed no later than July first,

nineteen hundred ninety-two; (iv) is commenced on or after July first,

nineteen hundred ninety and before July first, nineteen hundred

ninety-four and is completed no later than July first, nineteen hundred

ninety-six; (v) is commenced on or after July first, nineteen hundred

ninety-four and before July first, nineteen hundred ninety-eight and is

completed no later than July first, two thousand; (vi) is commenced on

or after July first, nineteen hundred ninety-eight and before July

first, two thousand two and is completed no later than July first, two

thousand four; or (vii) is commenced on or after July first, two

thousand two and before July first, two thousand six and is completed no

later than July first, two thousand eleven.

(b) For purposes of this section: "multiple dwelling" shall mean an

owner occupied building or structure, with the land on which the same is

constructed, which is a multiple dwelling within the meaning of section

four of the multiple dwelling law, and the construction, reconstruction

or conversion of which is commenced on or after July first, two thousand

two and before July first, two thousand six and is completed no later

than July first, two thousand eight.

(c) Construction or reconstruction of, or conversion to, a private

dwelling or multiple dwelling shall be deemed to have commenced when the

agency or department of the city having jurisdiction has issued a permit

for construction work and such work has begun in good faith in

accordance with such permit; construction, reconstruction or conversion

shall be deemed to have been completed when the agency or department of

the city having jurisdiction has issued a temporary or permanent

certificate of occupancy under which occupancy of the private dwelling

or multiple dwelling for residential use may lawfully begin or the

reconstruction has been finally accepted and approved.

(d) For the purposes of this section: "local housing agency" shall

have the same meaning as the term "agency" under section five hundred

two of the general municipal law, except that the term shall mean the

department of housing preservation and development if there is such a

department in such city.

(e) Upon issuance of a violation by an agency, department or bureau of

the city of New York for an illegal occupancy, the finance department

shall revoke the tax exemption thereunder. The owner shall pay the city,

with interest, the amount of taxes from which such owner had been

exempted. Such amount, if unpaid, shall become a lien against the

property.

3. (a) Applications for exemption under this section shall be filed

with the assessors between February first and March fifteenth of the

calendar year and, based on the certification of the local housing

agency pursuant to this section, the assessors shall certify to the

collecting officer the amount of exemption from local and municipal

taxes. No such application shall be accepted by the assessors unless

accompanied by a certificate of the local housing agency certifying

eligibility for exemption pursuant to this section.

(b) The local housing agency may promulgate rules and regulations to

carry out the provisions of this section and may require payment of a

reasonable filing fee, and in the case of an application involving a

dwelling which has been reconstructed or improved a fee not to exceed

ten dollars for the certification of such local housing agency under

this subdivision.

(c) At any time after two years of exemption from taxation pursuant to

this section, the local housing agency may certify to the assessors and

the collecting officer that a private dwelling or multiple dwelling is

not being used for residential purposes and upon the filing of such

certification with the assessors and the collecting officer, exemption

from taxation under this section shall terminate.

Exemption of certain new multiple dwellings from local

taxation. 1. The provisions of this section shall apply to each town,

village or city with a population of less than one million which has

declared an emergency in accordance with the provisions of the emergency

tenant protection act of nineteen seventy-four and which adopts a

resolution making the provisions of this section applicable to such

town, village or city. The owner of housing accommodations in a newly

constructed building, which would be subject to the provisions of such

act except for the fact that the building was completed on or after

January first, nineteen hundred seventy-four, may file a declaration, in

a form suitable for recording, with the rent guidelines board subjecting

such housing accommodations to the provisions of said act.

2. Such new residential buildings shall be exempt from all taxes

imposed by a municipal corporation including those imposed by a school

district, other than assessments for local improvements, during

construction and so long as used for residence purposes for a period not

to exceed ten years in the aggregate after the taxable status date

immediately following the completion thereof, consisting of two years of

full exemption followed by two years of exemption from eighty percent of

such taxation, followed by two years of exemption from sixty percent of

such taxation, followed by two years of exemption from forty percent of

such taxation, followed by two years of exemption from twenty percent of

such taxation; provided that taxes shall be paid during any such period

at least in the amount of the taxes paid on such land and any

improvements thereon during the tax year preceding the commencement of

such construction and that exemption from taxes shall not be availed of

concurrently under any other law. To be eligible for exemption under

this section such construction shall take place on vacant, predominantly

vacant or under-utilized land, or on land improved with a non-conforming

use. The initial legal regulated rents to be charged upon initial

occupancy after construction aided by exemption under this section shall

be at least fifteen percent less than the rents prevailing for

comparable newly constructed residential units in the same area or any

comparable area; and notwithstanding the provisions of the emergency

tenant protection act of nineteen seventy-four, the rents shall be fully

subject to regulation under such act for a period of ten years or for

the period such act is in effect in the municipality in which the

building is situate, whichever is shorter, at the expiration of which

such rent shall be deregulated, unless immediately prior to such

expiration such rents would have been regulated by the provisions of any

law other than pursuant to this section, in which event such rents shall

continue subject to such regulation to the same extent and in the same

manner as if this section had never applied thereto. Any additional

taxes levied against the building as a result of the phase-out of the

exemption provided by this section may be charged by the owner to the

tenants on an equitable basis without seeking the approval of the local

rent guidelines board. For the purposes of this section, construction

shall be deemed commenced when excavation has begun in good faith on the

basis of approved construction plans.

3. Application forms for exemption under this section shall be filed

with the assessor between February first and March fifteenth, and, based

on the certification of the local rent guidelines board, the assessors

shall certify to the collecting officer the amount of taxes to be

abated. No such application shall be accepted by the assessors unless

accompanied by a certificate of the local rent guidelines board

certifying the applicant's eligibility pursuant to subdivision one of

this section. Requests to these local rent guidelines boards for

certification shall be accompanied by a ten-year projection of the rents

based on current levels of operating costs and showing to the

satisfaction of such board a relative stability of rents over such

period reflecting to the extent that this is practicable, and averaging

of the tax benefits of this section in the interests of the tenants.

The state division of housing and community renewal may promulgate rules

and regulations to carry out the provisions of this section, not

inconsistent with the provisions hereof.

* § 421-d. Exemption of multiple dwellings financed by the New York

state housing finance agency from local taxation. 1. The local

legislative body of any city, town or village having a population of

less than one million is hereby authorized and empowered to adopt and

amend a local law to provide that any new or rehabilitated housing

development, as defined in section forty-two of the private housing

finance law, subject to a mortgage, the loan for which was made or

financed by notes, bonds or other obligations of the New York state

housing finance agency, the interest on which is exempt from taxation

pursuant to the Internal Revenue Code of 1954, as amended, after the

adoption of such local law shall be exempt from taxation as provided by

such local law.

2. (a) Such local law may provide that such eligible property shall be

exempt from all taxes imposed by a municipal corporation, including

those imposed by or on behalf of a school district, other than special

assessments and special ad valorem levies, during construction or

rehabilitation, but for no longer than three years.

(b) Such local law may also provide that the eligible property shall

be exempt upon the conclusion of the exemption period authorized by

paragraph (a) of this subdivision, for as long as construction or

rehabilitation continues and, thereafter, for so long as such mortgage

is outstanding and the housing development, as defined in section

forty-two of the private housing finance law, is used for residential

unit purposes; provided, that the exemption authorized by this

subdivision shall be for a period not to exceed fifteen years in the

aggregate after the conclusion of the exemption authorized by paragraph

(a) of this subdivision, and shall not exceed the following limitations:

three years of full exemption, followed by three years of exemption from

eighty percent of the assessed value of such property, followed by three

years of exemption from sixty percent of the assessed value of such

property, followed by three years of exemption from forty percent of the

assessed value of such property, followed by three years of exemption

from twenty percent of the assessed value of such property; and provided

that taxes shall be paid during any such period after the taxable status

date immediately following the completion of construction or

rehabilitation at least in the amount of the taxes paid on such land and

improvements thereon during the fiscal year preceding the commencement

of such construction or rehabilitation and that the exemption from taxes

shall not be availed of concurrently under any other law.

* NB Repealed July 23, 2027

Exemption of cooperative, condominium, homesteading and

rental projects from local taxation. The local legislative body of any

city, town or village is hereby authorized and empowered to adopt and

amend a local law to provide that any cooperative, condominium,

homesteading or rental project which receives payments, grants or loans

pursuant to article eighteen of the private housing finance law or any

new construction project which receives payments, grants or loans

pursuant to article nineteen of the private housing finance law shall be

exempt from taxation as provided in such local law. Such local law may

provide that such eligible property shall be exempt from all or any

portion of the taxes imposed by a municipality, including those imposed

by a school district, other than assessments for local improvements for

a period not to exceed twenty years in the aggregate after the taxable

status date immediately following the completion thereof, calculated not

to exceed the following exemptions: twelve years of full exemption

followed by two years of exemption from eighty percent of such taxation,

followed by two years of exemption from sixty percent of such taxation,

followed by two years of exemption from forty percent of such taxation,

followed by two years of exemption from twenty percent of such taxation;

provided that the tax exemption authorized by this section shall be in

addition to any other tax exemption or abatement authorized by law, and

provided further, however, that in the event a cooperative, condominium,

homesteading or rental project ceases to be subject to one or more

provisions of article eighteen of the private housing finance law

pursuant to the provisions of paragraph (c) of subdivision six-a of

section eleven hundred two of such law, any tax exemption authorized

pursuant to this section with respect to the eligible property of such

project shall terminate.

* Exemption of capital improvements to residential buildings

and certain new construction.

* NB Effective until January 1, 2026

* Exemption of capital improvements to residential buildings.

* NB Effective January 1, 2026

1. Residential buildings reconstructed, altered or improved subsequent

to the effective date of a local law or resolution pursuant to this

section shall be exempt from taxation and special ad valorem levies to

the extent provided hereinafter. After a public hearing, the governing

board of a county, city, town or village may adopt a local law and a

school district, other than a school district subject to article

fifty-two of the education law, may adopt a resolution to grant the

exemption authorized pursuant to this section. A copy of such local law

or resolution shall be filed with the commissioner and the assessor of

such county, city, town or village who prepares the assessment roll on

which the taxes of such county, city, town, village or school district

are levied.

* 1-a. Buildings classified as class one property in section eighteen

hundred two of this chapter reconstructed, altered, improved, or newly

constructed in a special assessing unit that is not a city shall be

exempt from taxation and special ad valorem levies to the extent

provided hereinafter in the same manner and to the same extent to

county, town, special district and school district taxes levied on the

assessment roll prepared by such special assessing unit. Additional

buildings and yard improvements shall be excluded from receiving this

exemption. An application shall not be required to receive the

exemption.

* NB Repealed January 1, 2026

* 2. (a) Such buildings shall be exempt for a period of one year to

the extent of one hundred per centum of the increase in assessed value

thereof attributable to such reconstruction, alteration or improvement,

and new construction pursuant to subdivision one-a of this section, and

for an additional period of seven years subject to the following:

(i) The extent of such exemption shall be decreased by twelve and

one-half per centum of the "exemption base" each year during such

additional period. The "exemption base" shall be the increase in

assessed value as determined in the initial year of the term of the

exemption, except as provided in subparagraph (ii) of this paragraph.

(ii) In any year in which a change in level of assessment of fifteen

percent or more is certified for a final assessment roll pursuant to the

rules of the commissioner, the exemption base shall be multiplied by a

fraction, the numerator of which shall be the total assessed value of

the parcel on such final assessment roll (after accounting for any

physical or quantity changes to the parcel since the immediately

preceding assessment roll), and the denominator of which shall be the

total assessed value of the parcel on the immediately preceding final

assessment roll. The result shall be the new exemption base. The

exemption shall thereupon be recomputed to take into account the new

exemption base, notwithstanding the fact that the assessor receives

certification of the change in level of assessment after the completion,

verification and filing of the final assessment roll. In the event the

assessor does not have custody of the roll when such certification is

received, the assessor shall certify the recomputed exemption to the

local officers having custody and control of the roll, and such local

officers are hereby directed and authorized to enter the recomputed

exemption certified by the assessor on the roll. The assessor shall give

written notice of such recomputed exemption to the property owner, who

may, if he or she believes that the exemption was recomputed

incorrectly, apply for a correction in the manner provided by title

three of article five of this chapter for the correction of clerical

errors.

(iii) Except in a special assessing unit that is not a city, such

exemption shall be limited to eighty thousand dollars in increased

market value, or such other sum less than eighty thousand dollars, but

not less than five thousand dollars as may be provided by the local law

or resolution, of the property attributable to such reconstruction,

alteration or improvement and any increase in market value greater than

such amount shall not be eligible for the exemption pursuant to this

section. In a special assessing unit that is not a city, the exemption

shall be limited to seven hundred fifty thousand dollars in increased

market value. For the purposes of this section, the market value of the

reconstruction, alteration or improvement, or new construction as

authorized by subdivision one-a of this section, shall be equal to the

increased assessed value attributable to such reconstruction,

alteration, improvement or new construction divided by the class one

ratio in a special assessing unit or the most recently established state

equalization rate or special equalization rate in the remainder of the

state, except where the state equalization rate or special equalization

rate equals or exceeds ninety-five percent, in which case the increase

in assessed value attributable to such reconstruction, alteration,

improvement or new construction shall be deemed to equal the market

value of such reconstruction, alteration or improvement.

(b) Except in a special assessing unit that is not a city, no such

exemption shall be granted for reconstruction, alterations or

improvements unless:

(i) such reconstruction, alteration or improvement was commenced

subsequent to the effective date of the local law or resolution adopted

pursuant to subdivision one of this section; and

(ii) the value of such reconstruction, alteration or improvement

exceeds three thousand dollars; and

(iii) the greater portion, as so determined by square footage, of the

building reconstructed, altered or improved is at least five years old.

(c) For purposes of this section the terms reconstruction, alteration

and improvement shall not include ordinary maintenance and repairs.

* NB Effective until January 1, 2026

* 2. (a) Such buildings shall be exempt for a period of one year to

the extent of one hundred per centum of the increase in assessed value

thereof attributable to such reconstruction, alteration or improvement

and for an additional period of seven years subject to the following:

(i) The extent of such exemption shall be decreased by twelve and

one-half per centum of the "exemption base" each year during such

additional period. The "exemption base" shall be the increase in

assessed value as determined in the initial year of the term of the

exemption, except as provided in subparagraph (ii) of this paragraph.

(ii) In any year in which a change in level of assessment of fifteen

percent or more is certified for a final assessment roll pursuant to the

rules of the commissioner, the exemption base shall be multiplied by a

fraction, the numerator of which shall be the total assessed value of

the parcel on such final assessment roll (after accounting for any

physical or quantity changes to the parcel since the immediately

preceding assessment roll), and the denominator of which shall be the

total assessed value of the parcel on the immediately preceding final

assessment roll. The result shall be the new exemption base. The

exemption shall thereupon be recomputed to take into account the new

exemption base, notwithstanding the fact that the assessor receives

certification of the change in level of assessment after the completion,

verification and filing of the final assessment roll. In the event the

assessor does not have custody of the roll when such certification is

received, the assessor shall certify the recomputed exemption to the

local officers having custody and control of the roll, and such local

officers are hereby directed and authorized to enter the recomputed

exemption certified by the assessor on the roll. The assessor shall give

written notice of such recomputed exemption to the property owner, who

may, if he or she believes that the exemption was recomputed

incorrectly, apply for a correction in the manner provided by title

three of article five of this chapter for the correction of clerical

errors.

(iii) Such exemption shall be limited to eighty thousand dollars in

increased market value, or such other sum less than eighty thousand

dollars, but not less than five thousand dollars as may be provided by

the local law or resolution, of the property attributable to such

reconstruction, alteration or improvement and any increase in market

value greater than such amount shall not be eligible for the exemption

pursuant to this section. For the purposes of this section, the market

value of the reconstruction, alteration or improvement shall be equal to

the increased assessed value attributable to such reconstruction,

alteration or improvement divided by the class I ratio in a special

assessing unit or the most recently established state equalization rate

or special equalization rate in the remainder of the state, except where

the state equalization rate or special equalization rate equals or

exceeds ninety-five percent, in which case the increase in assessed

value attributable to such reconstruction, alteration or improvement

shall be deemed to equal the market value of such reconstruction,

alteration or improvement.

(b) No such exemption shall be granted for reconstruction, alterations

or improvements unless:

(i) such reconstruction, alteration or improvement was commenced

subsequent to the effective date of the local law or resolution adopted

pursuant to subdivision one of this section; and

(ii) the value of such reconstruction, alteration or improvement

exceeds three thousand dollars; and

(iii) the greater portion, as so determined by square footage, of the

building reconstructed, altered or improved is at least five years old.

(c) For purposes of this section the terms reconstruction, alteration

and improvement shall not include ordinary maintenance and repairs.

* NB Effective January 1, 2026

* 3. Except in a special assessing unit that is not a city, such

exemption shall be granted only upon application by the owner of such

building on a form prescribed by the commissioner. The application shall

be filed with the assessor of the city, town, village or county having

the power to assess property for taxation on or before the appropriate

taxable status date of such city, town, village or county. In a special

assessing unit that is not a city, the exemption shall be applied based

upon that completion of reconstruction, alteration, improvement or new

construction on or before the applicable taxable status date of the

special assessing unit; provided, however that the exemption for such

reconstruction, alteration, improvement or new construction that

occurred after the taxable status date of such special assessing unit

for the two thousand nineteen -- two thousand twenty assessment roll and

on or before the taxable status date of such special assessing unit for

the two thousand twenty -- two thousand twenty-one assessment roll shall

be applied beginning with the two thousand twenty-one -- two thousand

twenty-two assessment roll.

* NB Effective until January 1, 2026

* 3. Such exemption shall be granted only upon application by the

owner of such building on a form prescribed by the commissioner. The

application shall be filed with the assessor of the city, town, village

or county having the power to assess property for taxation on or before

the appropriate taxable status date of such city, town, village or

county.

* NB Effective January 1, 2026

4. If satisfied that the applicant is entitled to an exemption

pursuant to this section, the assessor shall approve the application and

such building shall thereafter be exempt from taxation and special ad

valorem levies as herein provided commencing with the assessment roll

prepared on the basis of the taxable status date referred to in

subdivision three of this section. The assessed value of any exemption

granted pursuant to this section shall be entered by the assessor on the

assessment roll with the taxable property, with the amount of the

exemption shown in a separate column.

* 5. For the purposes of this section, except in a special assessing

unit that is not a city, a residential building shall mean any building

or structure designed and occupied exclusively for residential purposes

by not more than two families.

* NB Effective until January 1, 2026

* 5. For the purposes of this section, a residential building shall

mean any building or structure designed and occupied exclusively for

residential purposes by not more than two families.

* NB Effective January 1, 2026

* 6. In the event that a building granted an exemption pursuant to

this section ceases to be used primarily for residential purposes, is no

longer classified as class one property in a special assessing unit that

is not a city, or title thereto is transferred to other than the heirs

or distributees of the owner in other than a special assessing unit that

is not a city, the exemption granted pursuant to this section shall

cease.

* NB Effective until January 1, 2026

* 6. In the event that a building granted an exemption pursuant to

this section ceases to be used primarily for residential purposes or

title thereto is transferred to other than the heirs or distributees of

the owner, the exemption granted pursuant to this section shall cease.

* NB Effective January 1, 2026

* 7. (a) Except for a special assessing unit that is not a city, a

county, city, town or village may, by its local law, or school district,

by its resolution:

(i) reduce the per centum of exemption otherwise allowed pursuant to

this section;

(ii) limit eligibility for the exemption to those forms of

reconstruction, alterations or improvements as are prescribed in such

local law or resolution;

(iii) provide that the exemption shall be applicable only to those

improvements which would otherwise result in an increase in the assessed

valuation of the real property but which consist of an addition,

remodeling or modernization to an existing residential structure to

prevent physical deterioration of the structure or to comply with

applicable building, sanitary, health and/or fire codes.

(b) No such local law or resolution shall reduce or repeal an

exemption granted pursuant to this section until the expiration of the

period for which such exemption was granted.

* NB Effective until January 1, 2026

* 7. (a) A county, city, town or village may, by its local law, or

school district, by its resolution:

(i) reduce the per centum of exemption otherwise allowed pursuant to

this section;

(ii) limit eligibility for the exemption to those forms of

reconstruction, alterations or improvements as are prescribed in such

local law or resolution;

(iii) provide that the exemption shall be applicable only to those

improvements which would otherwise result in an increase in the assessed

valuation of the real property but which consist of an addition,

remodeling or modernization to an existing residential structure to

prevent physical deterioration of the structure or to comply with

applicable building, sanitary, health and/or fire codes.

(b) No such local law or resolution shall reduce or repeal an

exemption granted pursuant to this section until the expiration of the

period for which such exemption was granted.

* NB Effective January 1, 2026

8. The provisions of this section shall not apply to a city with a

population of more than one million.

Exemption of capital improvements to residential buildings

in cities with a population between twenty-seven thousand five hundred

and twenty-eight thousand based upon the two thousand ten federal

census. 1. Residential buildings which have been reconstructed, altered

or improved subsequent to the effective date of a local law pursuant to

this section shall be exempt from taxation and special ad valorem levies

to the extent provided hereinafter in cities with a population between

twenty-seven thousand five hundred and twenty-eight thousand based upon

the two thousand ten federal census. For purposes of this section,

"reconstruction", "alteration" or "improvement" shall not include

ordinary maintenance and repairs. After a public hearing, the governing

board of a city with such a population may adopt a local law to grant

the exemption authorized pursuant to this section. A copy of such local

law shall be filed with the commissioner and the assessor of such city

who prepares the assessment roll on which the taxes of such city are

levied.

2. Such buildings shall be exempt for a period of two years to the

extent of one hundred per centum of the increase in assessed value

thereof attributable to such reconstruction, alterations or improvements

and for an additional period of four years subject to the following:

(a) The extent of such exemption shall be decreased by twenty per

centum of the "exemption base" each year during such additional

four-year period, such that during year three there shall be an

exemption of eighty per centum of the increase in assessed value thereof

attributable, during year four there shall be an exemption of sixty per

centum of the increase in assessed value thereof attributable, in year

five there shall be an exemption of forty per centum of the increase in

assessed value thereof attributable and in year six there shall be an

exemption of twenty per centum of the increase in assessed value thereof

attributable; and

(b) The "exemption base" shall be the increase in assessed value due

to improvements as determined by the assessor in the initial year of

such six-year period following the filing of an original application.

3. There shall be enhanced benefits for improvement to real property

meeting certification standards for green buildings. Such residential

real property that has been reconstructed, altered or improved that is

certified under a certification standard approved by the city which is

determined to be equivalent to the leadership in energy and

environmental design (LEED) certification for the categories of

certified/silver, gold or platinum as meeting green building standards

shall be exempt for the following percentages, provided that a copy of

the certification for a qualified category is filed with the assessor of

such city and the assessor approves the application for the applicable

category as meeting the requirements of this section and the local law

of such city:

(a) Certified/silver certification standard. Such buildings shall be

exempt for a period of three years to the extent of one hundred per

centum of the increase in assessed value thereof attributable to such

reconstruction, alteration or improvement and for an additional period

of four years. The extent of such exemption shall be decreased by twenty

per centum of the "exemption base" each year during such additional

four-year period such that during year four there shall be an exemption

of eighty per centum of the increase in assessed value thereof

attributable, during year five there shall be an exemption of sixty per

centum of the increase in assessed value thereof attributable, in year

six there shall be an exemption of forty per centum of the increase in

assessed value thereof attributable and in year seven there shall be an

exemption of twenty per centum of the increase in assessed value thereof

attributable. The "exemption base" shall be the increase in assessed

value due to improvements as determined by the assessor in the initial

year of such seven-year period following the filing of an original

application;

(b) Gold standard. Such buildings shall be exempt for a period of four

years to the extent of one hundred per centum of the increase in

assessed value thereof attributable to such reconstruction, alteration

or improvement and for an additional period of four years. The extent of

such exemption shall be decreased by twenty per centum of the "exemption

base" each year during such additional four-year period such that during

year five there shall be an exemption of eighty per centum of the

increase in assessed value thereof attributable, during year six there

shall be an exemption of sixty per centum of the increase in assessed

value thereof attributable, in year seven there shall be an exemption of

forty per centum of the increase in assessed value thereof attributable

and in year eight there shall be an exemption of twenty per centum of

the increase in assessed value thereof attributable. The "exemption

base" shall be the increase in assessed value due to improvements as

determined by the assessor in the initial year of such eight-year period

following the filing of an original application; or

(c) Platinum standard. Such buildings shall be exempt for a period of

six years to the extent of one hundred per centum of the increase in

assessed value thereof attributable to such reconstruction, alteration

or improvement and for an additional period of four years. The extent of

such exemption shall be decreased by twenty per centum of the "exemption

base" each year during such additional four-year period such that during

year seven there shall be an exemption of eighty per centum of the

increase in assessed value thereof attributable, during year eight there

shall be an exemption of sixty per centum of the increase in assessed

value thereof attributable, in year nine there shall be an exemption of

forty per centum of the increase in assessed value thereof attributable

and in year ten there shall be an exemption of twenty per centum of the

increase in assessed value thereof attributable. The "exemption base"

shall be the increase in assessed value due to improvements as

determined by the assessor in the initial year of such ten-year period

following the filing of an original application.

4. Exemptions granted pursuant to this section shall apply to real

property taxes imposed for city purposes.

5. No such exemption shall be granted unless:

(a) Such reconstruction, alteration or improvement was commenced

subsequent to the effective date of the local law or resolution adopted

pursuant to subdivision one of this section;

(b) The value of such reconstruction, alteration or improvement

exceeds the sum of seventy-five hundred dollars; and

(c) Such reconstruction, alteration or improvement is documented by a

building permit, if required, for the improvements or other appropriate

documentation as required by the city assessor.

6. Such exemption shall be granted only upon application by the owner

of such building on a form prescribed by the commissioner. Such

application shall be filed with the assessor of a city with a population

of not less than twenty-seven thousand five hundred and not more than

twenty-eight thousand on or before the appropriate taxable status date

of such city and within one year after the date of completion of such

reconstruction, alteration or improvement.

7. If satisfied that the applicant is entitled to an exemption

pursuant to this section, the city assessor shall approve the

application and such building shall thereafter be exempt from taxation

and special ad valorem levies by the city as provided in this section

commencing with the assessment roll prepared on the basis of the taxable

status date referred to in subdivision six of this section. The assessor

shall enter the assessed value of any exemption granted pursuant to this

section on the assessment roll for the taxable property, with the amount

of the exemption shown in a separate column. In any case where there is

an enhanced exemption benefit based on a certification of

certified/silver, gold or platinum LEED standards in accordance with

applicable certification standards approved by the city, a copy of such

certification shall be filed in the subject real property file.

8. In the event that real property granted an exemption pursuant to

this section ceases to be used primarily for residential purposes, the

exemption granted pursuant to this section shall cease.

Exemption from local taxation of certain multiple dwellings.

1. When used in this section:

(a) "Aggregate floor area" shall mean the sum of the gross areas of

the several floors of a building, measured from the exterior faces of

exterior walls or from the center lines of walls separating two

buildings.

(b) "Applicant" shall mean any person obligated to pay real property

taxes on the property for which an exemption from or abatement of real

property taxes under this section is sought or in the case of exempt

property, the record owner or lessee thereof.

(c) "Benefit period" shall mean the period of time when a recipient is

eligible to receive benefits pursuant to subdivisions two and three of

this section.

(d) "Certificate of eligibility" shall mean the document issued by the

department of housing preservation and development certifying a tax lot

as eligible for benefits pursuant to this section.

(e) "Commencement of conversion" shall mean the date of issuance by

the department of buildings of a building permit for the conversion of a

non-residential building to an eligible multiple dwelling, provided

however that such permit is issued on or after July first, nineteen

hundred ninety-five and no later than June thirtieth, two thousand six.

(f) "Completion of conversion" shall mean the date of issuance by the

department of buildings of a temporary or permanent certificate of

occupancy for the portion of the building for which an application for a

certificate of eligibility is filed.

(g) "Eligible area" shall mean any area of a city having a population

of one million or more persons in which, subject to the applicable law

governing zoning in such city, tax benefits pursuant to this section for

eligible multiple dwellings are available, provided, however, that in

the city of New York, subject to the applicable law governing zoning in

such city, the eligible area in which tax benefits pursuant to this

section for eligible multiple dwellings are available shall mean the

area in the borough of Manhattan bounded by Murray Street on the north

starting at the intersection of West Street and Murray Street; running

easterly along the center line of Murray Street; connecting through City

Hall Park with the center line of Frankfort Street and running easterly

along the center lines of Frankfort and Dover Streets to the

intersection of Dover Street and South Street; running southerly along

the center line of South Street to Peter Minuit Plaza; connecting

through Peter Minuit Plaza to the center line of State Street and

running northwesterly along the center line of State Street to the

intersection of State Street and Battery Place; running westerly along

the center line of Battery Place to the intersection of Battery Place

and West Street; and running northerly along the center line of West

Street to the intersection of West Street and Murray Street.

(h) "Eligible multiple dwelling" shall mean a class A multiple

dwelling, except a hotel, created from conversion of a non-residential

building, provided, however, that such multiple dwelling is located

within an eligible area, and provided further, however, that the

aggregate floor area of commercial, community facility and accessory use

space within such multiple dwelling does not exceed twenty-five per

centum of the aggregate floor area of such multiple dwelling.

(i) "Non-residential building" shall mean a structure or portion of a

structure having at least one floor, a roof and at least three walls

enclosing all or most of the space used in connection with the structure

or portion of the structure, which has a certificate of occupancy for

commercial, manufacturing or other non-residential use for not less than

ninety per centum of the aggregate floor area of such structure or

portion of such structure, or other proof of such non-residential use as

is acceptable to the department of housing preservation and development.

(j) "Person" shall mean an individual, corporation, limited liability

company, partnership, association, agency, trust, estate, foreign or

domestic government or subdivision thereof, or other entity.

(k) "Recipient" shall mean an applicant to whom a certificate of

eligibility has been issued pursuant to this section, or the successor

in interest of such applicant, provided that where a person who has

entered into a lease or purchase agreement with the owner or lessee of

exempt property has been a co-applicant, such person or the successor in

interest of such person shall be the recipient.

2. (a) Within a city having a population of one million or more

persons, a tax lot containing an eligible multiple dwelling that is the

subject of a certificate of eligibility issued pursuant to this section

shall be exempt from real property taxation for local purposes, other

than assessments for local improvements, on the amount of the assessed

value attributable exclusively to the physical improvement, for a period

not to exceed twelve consecutive years beginning in the tax year

immediately following the issuance of a certificate of eligibility, so

long as such eligible multiple dwelling is used or held out for use for

dwelling purposes, except as otherwise provided herein. During the first

eight years, the exemption shall equal the amount of the assessed value

attributable exclusively to the physical improvement. During the ninth

year, the exemption shall equal eighty per centum of such amount; during

the tenth year, the exemption shall equal sixty per centum of such

amount; during the eleventh year, the exemption shall equal forty per

centum of such amount; and during the twelfth year, the exemption shall

equal twenty per centum of such amount.

The following table shall illustrate the computation of the exemption

pursuant to this paragraph:

Tax Year Following Percentage of

Date of Issuance of Applicable

Certificate of Eligibility Exemption

1 100%

2 100%

3 100%

4 100%

5 100%

6 100%

7 100%

8 100%

9 80%

10 60%

11 40%

12 20%

(b) Notwithstanding paragraph (a) of this subdivision, within a city

having a population of one million or more persons, a tax lot containing

an eligible multiple dwelling that is the subject of a certificate of

eligibility issued pursuant to this section and that is in a building

that, in accordance with procedures set forth in local law, was

designated as a landmark before completion of conversion shall be exempt

from real property taxation for local purposes, other than assessments

for local improvements, on the amount of the assessed value attributable

exclusively to the physical improvement, for a period not to exceed

thirteen consecutive years beginning in the tax year immediately

following the issuance of a certificate of eligibility, so long as such

eligible multiple dwelling is used or held out for use for dwelling

purposes, except as otherwise provided herein. During the first nine

years, the exemption shall equal the amount of the assessed value

attributable exclusively to the physical improvement. During the tenth

year, the exemption shall equal eighty per centum of such amount; during

the eleventh year, the exemption shall equal sixty per centum of such

amount; during the twelfth year, the exemption shall equal forty per

centum of such amount; and during the thirteenth year, the exemption

shall equal twenty per centum of such amount.

The following table shall illustrate the computation of the exemption

pursuant to this paragraph:

Tax Year Following Percentage of

Date of Issuance of Applicable

Certificate of Eligibility Exemption

1 100%

2 100%

3 100%

4 100%

5 100%

6 100%

7 100%

8 100%

9 100%

10 80%

11 60%

12 40%

13 20%

2-a. Within a city having a population of one million or more persons,

a tax lot containing a non-residential building shall be exempt from

real property taxation for local purposes, other than assessments for

local improvements, on the amount of the assessed value attributable

exclusively to the physical improvement, for the tax year immediately

following the first taxable status date that meets the following two

conditions: (i) such taxable status date occurs after the commencement

of conversion and (ii) such taxable status date is the first taxable

status date on which an increase in assessed value attributable to such

physical improvement has been assessed. Notwithstanding the foregoing

sentence, no such exemption shall be granted if completion of conversion

occurs before the fifteenth day of April following such taxable status

date. In the event that an exemption granted pursuant to this

subdivision is not reflected on the final assessment roll prepared on

the basis of such taxable status date, the commissioner of finance is

hereby authorized to refund or credit in the fiscal year relating to

such taxable status date or in the next following fiscal year an amount

equivalent to the exempt amount multiplied by the applicable tax rate.

In addition to any other basis for revocation of an exemption granted

pursuant to this section, the exemption granted pursuant to this

subdivision to a non-residential building shall be revoked if such

building is not converted into an eligible multiple dwelling that is the

subject of a certificate of eligibility issued pursuant to this section.

3. (a) Within a city having a population of one million or more

persons, in addition to the benefits set forth in subdivision two of

this section, a tax lot containing an eligible multiple dwelling that is

the subject of a certificate of eligibility issued pursuant to this

section shall receive an abatement of real property taxes for a period

not to exceed fourteen consecutive years beginning in the tax year

immediately following the issuance of a certificate of eligibility, so

long as such eligible multiple dwelling is used or held out for use for

dwelling purposes, except as otherwise provided herein. During the first

year, the abatement shall be equal to the amount of the real property

tax that would have been due but for such abatement, provided, however,

that if the tax lot, during the first year of such abatement, was fully

or partially exempt from real property taxes, other than pursuant to the

exemption authorized by this section, then the abatement shall equal the

amount of the real property tax that would have been due but for such

full or partial exemption. During the second through tenth years, the

abatement shall equal one hundred per centum of such amount; during the

eleventh year, the abatement shall equal eighty per centum of such

amount; during the twelfth year, the abatement shall equal sixty per

centum of such amount; during the thirteenth year, the abatement shall

equal forty per centum of such amount; and during the fourteenth year,

the abatement shall equal twenty per centum of such amount.

The following table shall illustrate the computation of the abatement

pursuant to this paragraph:

Tax Year Following Percentage of

Date of Issuance of Applicable

Certificate of Eligibility Abatement

1 100%

2 100%

3 100%

4 100%

5 100%

6 100%

7 100%

8 100%

9 100%

10 100%

11 80%

12 60%

13 40%

14 20%

(b) Notwithstanding paragraph (a) of this subdivision, within a city

having a population of one million or more persons, in addition to the

benefits set forth in subdivision two of this section, a tax lot

containing an eligible multiple dwelling that is the subject of a

certificate of eligibility issued pursuant to this section and that is

in a building that, in accordance with procedures set forth in local

law, was designated as a landmark before completion of conversion shall

receive an abatement of real property taxes for a period not to exceed

fifteen consecutive years beginning in the tax year immediately

following the issuance of a certificate of eligibility, so long as such

eligible multiple dwelling is used or held out for use for dwelling

purposes, except as otherwise provided herein. During the first year,

the abatement shall be equal to the amount of the real property tax that

would have been due but for such abatement, provided, however, that if

the tax lot, during the first year of such abatement, was fully or

partially exempt from real property taxes, other than pursuant to the

exemption authorized by this section, then the abatement shall equal the

amount of the real property tax that would have been due but for such

full or partial exemption. During the second through eleventh years, the

abatement shall equal one hundred per centum of such amount; during the

twelfth year, the abatement shall equal eighty per centum of such

amount; during the thirteenth year, the abatement shall equal sixty per

centum of such amount; during the fourteenth year, the abatement shall

equal forty per centum of such amount; and during the fifteenth year,

the abatement shall equal twenty per centum of such amount.

The following table shall illustrate the computation of the abatement

pursuant to this paragraph:

Tax Year Following Percentage of

Date of Issuance of Applicable

Certificate of Eligibility Abatement

1 100%

2 100%

3 100%

4 100%

5 100%

6 100%

7 100%

8 100%

9 100%

10 100%

11 100%

12 80%

13 60%

14 40%

15 20%

(c) If, as a result of application to the tax commission or a court

order or action by the department of finance, the billable assessed

value is reduced, the department of finance shall recalculate the

abatement utilizing such reduced billable assessed value. The amount

equal to the difference between the abatement originally granted and the

abatement as so recalculated shall be deducted from any refund otherwise

payable or remission otherwise due as a result of such reduction in

billable assessed value, and any balance of such amount remaining unpaid

after making any such deduction shall be paid to the department of

finance within thirty days from the date of mailing by the department of

finance of a notice of the amount payable. Such amount payable shall

constitute a tax lien on the eligible multiple dwelling as of the date

of such notice and, if not paid within such thirty-day period, penalty

and interest at the rate applicable to delinquent taxes on such eligible

multiple dwelling shall be charged and collected on such amount from the

date of such notice to the date of payment.

4. If the aggregate floor area of commercial, community facility and

accessory use space exceeds twelve per centum of the aggregate floor

area of any building receiving benefits pursuant to this section, the

benefits provided pursuant to this section shall be equal to the amount

provided by subdivisions two, two-a and three of this section, reduced

by a percentage equal to the difference between the per centum of the

aggregate floor area that is commercial, community facility and

accessory use space and twelve per centum, provided, however, that if

the aggregate floor area of such building contains more than twenty-five

per centum of commercial, community facility and accessory use space no

benefits shall be available pursuant to this section. In calculating

aggregate floor area for purposes of subdivision two-a of this section,

"aggregate floor area" shall mean the intended aggregate floor area

after completion of conversion, as set forth in the building plans filed

with the department of buildings. If, after completion of conversion,

the actual aggregate floor area of commercial, community facility and

accessory use space is greater than the intended aggregate floor area of

such space and the actual aggregate floor area of such space exceeds

twelve per centum of the actual aggregate floor area, then the benefits

granted pursuant to subdivision two-a of this section shall be revoked

or partially revoked, as required, to reflect the actual aggregate floor

area of such space. If a building contains a separately assessed

non-residential parcel, the aggregate floor area of such parcel shall

not be considered in calculating the aggregate floor area of commercial,

community facility and accessory use space relevant to determining

eligibility for, and amount of, benefits pursuant to this section. For

the purposes of this section, accessory use space shall not include home

occupation space or accessory parking space located not more than

twenty-three feet above the curb level.

5. Benefits under this section may not be combined with benefits under

any other section of this chapter for the same tax lot.

6. 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 each dwelling unit

in an eligible multiple dwelling shall be fully subject to control under

such local law, unless exempt under such local law from control by

reason of the cooperative or condominium status of the dwelling unit,

for the entire period for which the eligible multiple dwelling is

receiving benefits pursuant to this section, provided, however, that for

purposes of this subdivision, an eligible multiple dwelling receiving

benefits pursuant to this section whose benefits are suspended,

terminated or revoked by the department of housing preservation and

development shall be deemed to be receiving benefits for the length of

time such benefits would have been received if such benefits had not

been suspended, terminated or revoked, or for the period such local law

is in effect, whichever is shorter. Thereafter, such rents shall

continue to be subject to such control, except that such rents that

would not have been subject to such control but for this subdivision,

shall be decontrolled if the landlord has included in each lease and

renewal thereof for such unit for the tenant in residence at the time of

such decontrol a notice in at least twelve point type informing such

tenant that the unit shall become subject to such decontrol upon the

expiration of benefits pursuant to this section.

7. (a) In a non-residential building of less than one hundred thousand

square feet of aggregate floor area, completion of conversion to an

eligible multiple dwelling of at least seventy-five per centum of the

aggregate floor area of such non-residential building must take place

within three years of commencement of conversion.

(b) Only the aggregate floor area for which conversion is completed

within such three-year period shall be considered in calculating the

exemption and abatement provided pursuant to this section.

(c) In a non-residential building of less than one hundred thousand

square feet of aggregate floor area containing a separately assessed

non-residential parcel, the aggregate floor area of such separately

assessed non-residential parcel shall not be considered in determining

whether seventy-five per centum of the aggregate floor area of such

non-residential building has been converted to an eligible multiple

dwelling.

8. (a) In a non-residential building of one hundred thousand square

feet or more of aggregate floor area, completion of conversion to an

eligible multiple dwelling of at least seventy-five per centum of the

aggregate floor area of such non-residential building must take place

within five years of commencement of conversion, provided, however, that

completion of conversion to an eligible multiple dwelling of at least

fifty per centum of the aggregate floor area of such non-residential

building must take place within three years of commencement of

conversion, and provided further that proof of completion of partial

conversion within three years shall be submitted with an application for

a certificate of eligibility for full exemption and abatement benefits

pursuant to this section.

(b) In a non-residential building of one hundred thousand square feet

or more of aggregate floor area in which completion of conversion to an

eligible multiple dwelling of at least fifty per centum of the aggregate

floor area of such non-residential building has taken place within three

years of commencement of conversion, and which is the subject of a

certificate of eligibility for partial exemption and partial abatement

issued pursuant to this section, partial exemption and partial abatement

of real property taxes shall be available, as follows: (i) partial

exemption benefits shall equal the amount of the assessed value

attributable exclusively to the physical improvement resulting from the

conversion of at least fifty per centum of the aggregate floor area of

the non-residential building that has received a temporary certificate

of occupancy and (ii) partial abatement benefits shall be equal to the

amount of the real property tax that would have been due during the

first year of such partial abatement but for such partial abatement upon

the amount of square feet of aggregate floor area of the non-residential

building that has received a temporary certificate of occupancy for

conversion of at least fifty per centum of the aggregate floor area of

the non-residential building, provided, however, that if the tax lot,

during the first year of such partial abatement was fully or partially

exempt from real property taxes, other than pursuant to the exemption

authorized by this section, then the partial abatement shall be equal to

the amount of real property tax that would have been due upon such

amount of square feet of aggregate floor area of the non-residential

building but for such full or partial exemption. Nothing in this

paragraph shall be deemed to require an applicant to apply for partial

exemption or abatement benefits pursuant to this section, provided,

however, that if an applicant applies for a certificate of eligibility

for such benefits, he or she shall submit proof of completion of partial

conversion with the application for such certificate.

(c) In a non-residential building of one hundred thousand square feet

or more of aggregate floor area only the aggregate floor area for which

conversion is completed within the five-year period specified in

paragraph (a) of this subdivision or, in the case of partial exemption

from or partial abatement of real property taxes, the three-year period

specified in paragraph (b) of this subdivision, shall be considered in

calculating the exemption and abatement provided pursuant to this

section, provided, however, that neither partial exemption from nor

partial abatement of real property taxes shall be available for

commercial, community facility or accessory use space.

(d) In a non-residential building of one hundred thousand square feet

or more of aggregate floor area containing a separately assessed

non-residential parcel, the aggregate floor area of such separately

assessed non-residential parcel shall not be considered in determining

whether seventy-five per centum or, in the case of partial exemption

from or partial abatement of real property taxes, fifty per centum of

the aggregate floor area of such non-residential building has been

converted to an eligible multiple dwelling.

(e) Any partial exemption from or partial abatement of real property

taxes granted pursuant to this section for a non-residential building of

one hundred thousand square feet or more of aggregate floor area shall

be revoked if completion of conversion to an eligible multiple dwelling

of at least seventy-five per centum of the aggregate floor area of such

non-residential building has not taken place within five years of

commencement of conversion.

(f) The time periods specified in subdivisions two and three of this

section shall begin upon receipt of any partial exemption from or

partial abatement of real property taxes for a non-residential building

of one hundred thousand square feet or more of aggregate floor area.

9. (a) An application for a certificate of eligibility for full

exemption and abatement benefits pursuant to this section shall be filed

with the department of housing preservation and development no later

than close of business day on the thirty-first day of March immediately

following the first taxable status date following completion of

conversion. If a certificate of eligibility for partial exemption and

abatement benefits pursuant to this section is sought by an applicant,

an application for a certificate of eligibility for such benefits shall

be filed with the department of housing preservation and development no

later than close of business day on the thirty-first day of March

immediately following the first taxable status date following completion

of partial conversion. The department of housing preservation and

development shall issue a certificate of eligibility for benefits upon

determining that the applicant satisfies the requirements of this

section.

(b) In addition to any other information required by the department of

housing preservation and development, an application for a certificate

of eligibility for benefits under this section shall state that the

applicant agrees to comply with and be subject to rules promulgated by

the department of finance and the department of housing preservation and

development to secure compliance with this section and all applicable

local, state and federal laws. Such application shall also certify that

all taxes, water charges and sewer rents currently due and owing on the

property which is the subject of the application have been paid or are

currently being paid in timely installments pursuant to written

agreement with the department of finance or other appropriate agency.

(c) The burden of proof shall be on the applicant to show by clear and

convincing evidence that the requirements for granting benefits under

this section have been satisfied. The department of housing preservation

and development shall have the authority to require that statements in

connection with the application shall be made under oath.

(d) The department of finance and the department of housing

preservation and development may promulgate rules to carry out the

purposes of this section, including, but not limited to, rules providing

for such administrative charges or fees as are necessary to defray

expenses in administering the benefit program provided pursuant to this

section and rules defining, or expanding upon the definition of, terms

used in this section.

10. Any tax lot which is partly located inside the eligible area shall

be deemed to be entirely located inside such area.

11. No benefits pursuant to this section shall be granted for any

conversion to an eligible multiple dwelling unless the applicant shall

file, together with the application for a certificate of eligibility, an

affidavit setting forth the following information:

(a) a statement that within the seven years immediately preceding the

date of application for a certificate of eligibility, neither the

applicant, nor any person owning a substantial interest in the property

as defined in paragraph (c) of this subdivision, nor any officer,

director or general partner of the applicant or such person was finally

adjudicated by a court of competent jurisdiction to have violated

section two hundred thirty-five of the real property law or any section

of article one hundred fifty of the penal law or any similar arson law

of another jurisdiction with respect to any building, or was an officer,

director or general partner of a person at the time such person was

finally adjudicated to have violated such law; and

(b) a statement setting forth any pending charges alleging violation

of section two hundred thirty-five of the real property law or any

section of article one hundred fifty of the penal law or any similar

arson law of another jurisdiction with respect to any building by the

applicant or any person owning a substantial interest in the property as

defined in paragraph (c) of this subdivision, or any officer, director

or general partner of the applicant or such person, or any person for

whom the applicant or person owning a substantial interest in the

property is an officer, director or general partner.

(c) "Substantial interest" as used in this subdivision and subdivision

twelve of this section shall mean ownership and control of an interest

of ten per centum or more in property or any person owning a property.

12. (a) If any person described in the statement required by paragraph

(b) of subdivision eleven of this section or paragraph (b) of this

subdivision is finally adjudicated by a court of competent jurisdiction

to be guilty of any charge listed in such statement, the recipient shall

cease to be eligible for benefits pursuant to this section and shall

pay, with interest, any taxes for which benefits were claimed pursuant

to this section.

(b) The recipient shall, on the certificate of continuing use, state

whether any charges alleging violation by the recipient or any person

owning a substantial interest in the property, or any officer, director

or general partner of the recipient or person owning a substantial

interest in the property, or any person for whom the recipient or person

owning a substantial interest in the property is an officer, director or

general partner, of section two hundred thirty-five of the real property

law or any section of article one hundred fifty of the penal law or any

similar arson law of another jurisdiction, are pending. For purposes of

this paragraph, "substantial interest" shall have the same meaning as

set forth in paragraph (c) of subdivision eleven of this section.

13. In addition to any other qualifications for benefits pursuant to

this section, an applicant must be:

(a) obligated to pay real property tax on the property for which

benefits are sought, whether such obligation arises because of record

ownership of such property, or because the obligation to pay such tax

has been assumed by contract; or

(b) the record owner or lessee of property which is exempt from real

property taxation who has entered into an agreement to sell or lease

such property to another person. Such person shall be a co-applicant

with such owner or lessee.

14. A co-applicant with a public entity shall be eligible to receive

benefits pursuant to this section, provided that for such period as the

property which is the subject of the certificate of eligibility is

exempt from real property taxation because it is owned or controlled by

a public entity no benefits shall be available to such recipient

pursuant to this section. Such recipient shall receive benefits pursuant

to this section when such property ceases to be eligible for exemption

pursuant to other provisions of law, as follows: the recipient shall,

commencing with the date such tax exemption ceases, and continuing until

the expiration of the benefit period pursuant to this section, receive

the benefits to which such recipient is entitled in the corresponding

tax year pursuant to this section.

15. For the duration of the benefit period, the recipient shall file

annually with the department of housing preservation and development, on

or before the taxable status date, a certificate of continuing use. Such

certificate shall be on a form prescribed by the department of housing

preservation and development. The department of housing preservation and

development shall have the authority to require such information as it

deems necessary to determine whether the recipient has established

continuing eligibility for benefits. The department of housing

preservation and development shall have the authority to terminate

benefits pursuant to this section upon failure of the recipient to file

such certificate by the taxable status date. The burden of proof shall

be on the recipient to establish continuing eligibility for benefits and

the department of housing preservation and development may require that

statements made in such certificate shall be made under oath.

16. Any recipient whose property is the subject of a certificate of

eligibility for benefits pursuant to this section who converts aggregate

floor area within such property from the use authorized pursuant to this

section where such conversion results in less that seventy-five per

centum of the aggregate floor area of such property being used or held

out for use for dwelling purposes, or where such conversion results in

more than twenty-five per centum of such aggregate floor area being used

or held out for use for commercial, community facility or accessory use

space, or where such conversion in a building of one hundred thousand

square feet or more of aggregate floor area that has a certificate of

eligibility for a partial exemption or partial abatement pursuant to

subdivision eight of this section results in less than fifty per centum

of such aggregate floor area being used or held out for use for dwelling

purposes, shall cease to be eligible for benefits as of the last date

upon which the recipient met the requirements of this section and proves

by clear and convincing evidence that at least seventy-five per centum

of the aggregate floor area of the property was used or held out for use

for dwelling purposes, or twenty-five per centum or less of the

aggregate floor area of such property was used or held out for use for

commercial, community facility or accessory use space, or at least fifty

per centum of the aggregate floor area of such property in a building of

one hundred thousand square feet or more which is receiving partial

exemption or partial abatement benefits was used or held out for use for

dwelling purposes, respectively. Such recipient shall pay, with

interest, any taxes for which benefits were claimed after such date,

including the pro-rata share of tax for which any benefits were claimed

during the tax year in which the property was converted to a use not

eligible for benefits under this section.

17. All taxes plus interest required to be paid retroactively pursuant

to this section shall constitute a tax lien as of the date that it is

determined that such taxes and interest are owed. All interest shall be

calculated from the date the taxes would have been due but for the

benefits claimed pursuant to this section at three per centum above the

applicable rate of interest imposed by such city generally for

non-payment of real property tax with respect to such property for the

period in question.

18. (a) The department of housing preservation and development may

deny, reduce, suspend, terminate or revoke any exemption from or

abatement of tax payments pursuant to this section whenever: (i) a

recipient fails to comply with the requirements of this section or the

rules promulgated hereunder; or (ii) an application, certificate, report

or other document submitted by an applicant or recipient pursuant to

this section or the rules promulgated hereunder contains a false or

misleading statement as to a material fact or omits to state any

material fact necessary in order to make the statements therein not

false or misleading. The department of housing preservation and

development may declare any applicant or recipient referred to in

subparagraph (i) or (ii) of this paragraph to be ineligible for future

benefits pursuant to this section for the same or other property.

(b) Notwithstanding any other law to the contrary, a recipient shall

be personally liable for any taxes owed pursuant to this section

whenever such recipient fails to comply with this section or the rules

promulgated hereunder, or makes such false or misleading statement or

omission, and the department of housing preservation and development

determines that such act was due to the recipient's willful neglect, or

that under the circumstances such act constituted a fraud on the

department of housing preservation and development, or a buyer or

prospective buyer of the property. The remedy provided herein for an

action in personam shall be in addition to any other remedy or procedure

for the enforcement of collection of delinquent taxes provided by any

general, special or local law. Any lease provision which obligates a

tenant to pay taxes which become due because of willful neglect or fraud

by the recipient, or otherwise relieves or indemnifies the recipient

from any personal liability arising hereunder, shall be void as against

public policy except where the imposition of such taxes or liability is

occasioned by actions of the tenant in violation of the lease.

(c) In order to carry out the purposes of this section the department

of housing preservation and development may administer oaths to and take

the testimony of any person, including but not limited to the owner of

property which is the subject of an application for a certificate of

eligibility or a certificate of eligibility pursuant to this section and

issue subpoenas requiring the attendance of persons and the production

of such bills, books, papers or other documents as it shall deem

necessary.

(d) If, during the benefit period, any real property tax or water or

sewer charge due and payable with respect to property receiving an

exemption or abatement pursuant to this section shall remain unpaid for

at least one year following the date upon which such tax or charge

became due and payable, all exemptions and abatements granted pursuant

to this section with respect to such property shall be revoked, unless

within thirty days from the mailing of a notice of revocation by the

department of finance satisfactory proof is presented to the department

of finance that any and all delinquent taxes and charges owing with

respect to such property as of the date of such notice have been paid in

full or are currently being paid in timely installments pursuant to a

written agreement with the department of finance or other appropriate

agency. Any revocation pursuant to this paragraph shall be effective

with respect to real property tax which became due and payable following

the date of such revocation.

* § 421-h. Exemption of capital improvements to multiple dwelling

buildings within certain cities. 1. Multiple dwelling buildings,

reconstructed, altered, converted back to an owner occupied single

family dwelling or any owner occupied multiple dwelling located in any

city having a population of more than twenty-two thousand inhabitants

but less than twenty-three thousand inhabitants, determined in

accordance with the latest federal decennial census, that is reduced to

at most two units by such reconstruction subsequent to the effective

date of a local law pursuant to this section shall be exempt from

taxation and special ad valorem levies to the extent provided

hereinafter. After a public hearing, the governing board of such city

may adopt a local law to grant the exemption authorized pursuant to this

section. A copy of such local law shall be filed with the commissioner

and the assessor of such city who prepares the assessment roll on which

the taxes of such city are levied.

2. (a) Such buildings within such city shall be exempt for a period of

one year to the extent of one hundred percent of the increase in

assessed value attributable to such reconstruction, alteration or

improvement and for an additional period of seven years subject to the

following:

(i) The extent of such exemption shall be decreased by twelve and

one-half percent of the "exemption base" each year during such

additional period. The "exemption base" shall be the increase in

assessed value as determined in the initial year of the term of the

exemption, except as provided in subparagraph (ii) of this paragraph.

(ii) In any year in which a change in level of assessment of fifteen

percent or more is certified for a final assessment roll pursuant to the

rules of the commissioner, the exemption base shall be multiplied by a

fraction, the numerator of which shall be the total assessed value of

the parcel on such final assessment roll (after accounting for any

physical or quantity changes to the parcel since the immediately

preceding assessment roll), and the denominator of which shall be the

total assessed value of the parcel on the immediately preceding final

assessment roll. The result shall be the new exemption base. The

exemption shall thereupon be recomputed to take into account the new

exemption base, notwithstanding the fact that the assessor receives

certification of the change in level of assessment after the completion,

verification and filing of the final assessment roll. In the event the

assessor does not have custody of the roll when such certification is

received, the assessor shall certify the recomputed exemption to the

local officers having custody and control of the roll, and such local

officers are hereby directed and authorized to enter the recomputed

exemption certified by the assessor on the roll. The assessor shall give

written notice of such recomputed exemption to the property owner, who

may, if he or she believes that the exemption was recomputed

incorrectly, apply for a correction in the manner provided by title

three of article five of this chapter for the correction of clerical

errors.

(iii) Such exemption shall be limited to one hundred thousand dollars

in increased market value, or such other sum less than one hundred

thousand dollars, but not less than ten thousand dollars as may be

provided by the local law or resolution, of the property attributable to

such reconstruction, alteration or improvement and any increase in

market value greater than such amount shall not be eligible for the

exemption pursuant to this section. For the purposes of this section,

the market value of the reconstruction, alteration or improvement shall

be equal to the increased assessed value attributable to such

reconstruction, alteration or improvement divided by the most recently

established state equalization rate for such city. Where the state

equalization rate or special equalization rate equals or exceeds

ninety-five percent, the increase in assessed value attributable to such

reconstruction, alteration or improvement shall be deemed to equal the

market value of such reconstruction, alteration or improvement.

(b) No such exemption shall be granted for reconstruction, alterations

or improvements unless:

(i) such reconstruction, alteration or converted improvement was

commenced subsequent to the effective date of the local law adopted

pursuant to subdivision one of this section by such city; and

(ii) the value of such reconstruction, alteration or improvement

exceeds five thousand dollars; and

(iii) the greater portion, as so determined by square footage, of the

building reconstructed, altered or improved is at least five years old.

(c) For purposes of this section the terms reconstruction, alteration

and improvement shall not include ordinary maintenance and repairs.

3. Such exemption shall be granted only upon application by the owner

of such building on a form prescribed by the commissioner. The

application shall be filed with the assessor of such city on or before

the appropriate taxable status date of such city.

4. If satisfied that the applicant is entitled to an exemption

pursuant to this section, the assessor shall approve the application and

such building shall thereafter be exempt from taxation and special ad

valorem levies as provided in this section commencing with the

assessment roll prepared on the basis of the taxable status date

referred to in subdivision three of this section. The assessed value of

any exemption granted pursuant to this section shall be entered by the

assessor on the assessment roll with the taxable property, with the

amount of the exemption shown in a separate column.

5. For the purposes of this section, an owner occupied multiple

dwelling building shall mean any building or structure designed and

occupied as the temporary or permanent residence or home of two or more

families, including the owner of such building.

6. In the event that a building granted an exemption pursuant to this

section ceases to be used primarily for residential purposes or title

thereto is transferred to other than the heirs or distributees of the

owner, the exemption granted pursuant to this section shall cease.

7. (a) The enactment of a local law in such city may:

(i) reduce the percent of exemption otherwise allowed pursuant to this

section;

(ii) limit eligibility for the exemption to those forms of

reconstruction, alterations or improvements as are prescribed in such

local law or resolution;

(iii) provide that the exemption shall be applicable only to those

improvements which would otherwise result in an increase in the assessed

valuation of the real property but which consist of an addition,

remodeling or modernization to an existing owner occupied multiple

residence structure to prevent physical deterioration of the structure

or to comply with applicable building, sanitary, health and/or fire

codes.

(b) No such local law shall reduce or repeal an exemption granted

pursuant to this section until the expiration of the period for which

such exemption was granted.

* NB There are 2 § 421-h's

* § 421-i. Exemption of capital improvements to multiple dwelling

buildings within certain cities. 1. Multiple dwelling buildings,

reconstructed, altered, converted back to an owner occupied single

family dwelling or any owner occupied multiple dwelling located in any

city having a population of more than ninety thousand inhabitants but

less than one hundred thousand inhabitants, determined in accordance

with the latest federal decennial census, that is reduced to at most two

units by such reconstruction subsequent to the effective date of a local

law pursuant to this section shall be exempt from taxation and special

ad valorem levies to the extent provided hereinafter. After a public

hearing, the governing board of such city may adopt a local law to grant

the exemption authorized pursuant to this section. A copy of such local

law shall be filed with the commissioner and the assessor of such city

who prepares the assessment roll on which the taxes of such city are

levied.

2. (a) Such buildings within such city shall be exempt for a period of

one year to the extent of one hundred percent of the increase in

assessed value attributable to such reconstruction, alteration or

improvement and for an additional period of seven years subject to the

following:

(i) The extent of such exemption shall be decreased by twelve and

one-half percent of the "exemption base" each year during such

additional period. The "exemption base" shall be the increase in

assessed value as determined in the initial year of the term of the

exemption, except as provided in subparagraph (ii) of this paragraph.

(ii) In any year in which a change in level of assessment of fifteen

percent or more is certified for a final assessment roll pursuant to the

rules of the commissioner, the exemption base shall be multiplied by a

fraction, the numerator of which shall be the total assessed value of

the parcel on such final assessment roll (after accounting for any

physical or quantity changes to the parcel since the immediately

preceding assessment roll), and the denominator of which shall be the

total assessed value of the parcel on the immediately preceding final

assessment roll. The result shall be the new exemption base. The

exemption shall thereupon be recomputed to take into account the new

exemption base, notwithstanding the fact that the assessor receives

certification of the change in level of assessment after the completion,

verification and filing of the final assessment roll. In the event the

assessor does not have custody of the roll when such certification is

received, the assessor shall certify the recomputed exemption to the

local officers having custody and control of the roll, and such local

officers are hereby directed and authorized to enter the recomputed

exemption certified by the assessor on the roll. The assessor shall give

written notice of such recomputed exemption to the property owner, who

may, if he or she believes that the exemption was recomputed

incorrectly, apply for a correction in the manner provided by title

three of article five of this chapter for the correction of clerical

errors.

(iii) Such exemption shall be limited to one hundred thousand dollars

in increased market value, or such other sum less than one hundred

thousand dollars, but not less than ten thousand dollars as may be

provided by the local law or resolution, of the property attributable to

such reconstruction, alteration or improvement and any increase in

market value greater than such amount shall not be eligible for the

exemption pursuant to this section. For the purposes of this section,

the market value of the reconstruction, alteration or improvement shall

be equal to the increased assessed value attributable to such

reconstruction, alteration or improvement divided by the most recently

established state equalization rate for such city. Where the state

equalization rate or special equalization rate equals or exceeds

ninety-five percent, the increase in assessed value attributable to such

reconstruction, alteration or improvement shall be deemed to equal the

market value of such reconstruction, alteration or improvement.

(b) No such exemption shall be granted for reconstruction, alterations

or improvements unless:

(i) such reconstruction, alteration or converted improvement was

commenced subsequent to the effective date of the local law adopted

pursuant to subdivision one of this section by such city; and

(ii) the value of such reconstruction, alteration or improvement

exceeds five thousand dollars; and

(iii) the greater portion, as so determined by square footage, of the

building reconstructed, altered or improved is at least five years old.

(c) For purposes of this section the terms reconstruction, alteration

and improvement shall not include ordinary maintenance and repairs.

3. Such exemption shall be granted only upon application by the owner

of such building on a form prescribed by the commissioner. The

application shall be filed with the assessor of such city on or before

the appropriate taxable status date of such city.

4. If satisfied that the applicant is entitled to an exemption

pursuant to this section, the assessor shall approve the application and

such building shall thereafter be exempt from taxation and special ad

valorem levies as provided in this section commencing with the

assessment roll prepared on the basis of the taxable status date

referred to in subdivision three of this section. The assessed value of

any exemption granted pursuant to this section shall be entered by the

assessor on the assessment roll with the taxable property, with the

amount of the exemption shown in a separate column.

5. For the purposes of this section, an owner occupied multiple

dwelling building shall mean any building or structure designed and

occupied as the temporary or permanent residence or home of two or more

families, including the owner of such building.

6. In the event that a building granted an exemption pursuant to this

section ceases to be used primarily for residential purposes or title

thereto is transferred to other than the heirs or distributees of the

owner, the exemption granted pursuant to this section shall cease.

7. (a) The enactment of a local law in such city may:

(i) reduce the percent of exemption otherwise allowed pursuant to this

section;

(ii) limit eligibility for the exemption to those forms of

reconstruction, alterations or improvements as are prescribed in such

local law or resolution;

(iii) provide that the exemption shall be applicable only to those

improvements which would otherwise result in an increase in the assessed

valuation of the real property but which consist of an addition,

remodeling or modernization to an existing owner occupied multiple

residence structure to prevent physical deterioration of the structure

or to comply with applicable building, sanitary, health and/or fire

codes.

(b) No such local law shall reduce or repeal an exemption granted

pursuant to this section until the expiration of the period for which

such exemption was granted.

* NB There are 2 § 421-i's

* § 421-j. Exemption of capital investment in multiple dwelling

buildings within certain cities. 1. New construction of a multiple

dwelling building, reconstruction, alteration, or improvement of a

pre-existing multiple dwelling building or structure which is to be

occupied or is occupied as a residence or home and consists of no less

than four units, whether such dwelling is rented or owned as a

cooperative or condominium, and is located in any city having a

population of more than fifty-five thousand but less than fifty-six

thousand as determined by the latest federal decennial census, where

such construction or renovation is initiated subsequent to the effective

date of a local law pursuant to this section shall be exempt from

taxation and special ad valorem levies to the extent provided in this

section. After a public hearing, the governing board of such city may

adopt a local law to grant the exemption authorized pursuant to this

section. A copy of such local law shall be filed with the commissioner

and the assessor of such city who prepares the assessment roll on which

the taxes of such city are levied.

2. (a) Such buildings within such city shall be exempt for a period of

one year to the extent of one hundred percent of the increase in

assessed value attributable to such new construction, reconstruction,

alteration or improvement and for an additional period of seven years as

illustrated in the following table:

Year Exemption: percentage of increase in assessed value

2 87.5

3 75

4 62.5

5 50

6 37.5

7 25

8 12.5

(b) No such exemption shall be granted for construction,

reconstruction, alteration or improvements unless:

(i) such reconstruction, alteration or improvement was commenced

subsequent to the effective date of the local law adopted pursuant to

subdivision one of this section by such city; and

(ii) the value of such new construction, reconstruction, alteration or

improvement exceeds fifteen thousand dollars per unit; and

(iii) a valid building permit shall have been issued.

(c) For purposes of this section the terms construction,

reconstruction, alteration and improvement shall not include ordinary

maintenance and repairs.

3. Such exemption shall be granted only upon application by the owner

of such building on a form prescribed by the commissioner. The

application shall be filed with the assessor of such city on or before

the appropriate taxable status date of such city.

4. If satisfied that the applicant is entitled to an exemption

pursuant to this section, the assessor shall approve the application and

such building shall thereafter be exempt from taxation and special ad

valorem levies as provided in this section commencing with the

assessment roll prepared on the basis of the taxable status date

referred to in subdivision three of this section. The assessed value of

any exemption granted pursuant to this section shall be entered by the

assessor on the assessment roll with the taxable property, with the

amount of the exemption shown in a separate column.

5. In the event that a building granted an exemption pursuant to this

section ceases to be used primarily for residential purposes or title

thereto is transferred to other than the heirs or distributees of the

owner, the exemption granted pursuant to this section shall cease.

6. (a) The enactment of a local law in such city may:

(i) reduce the percent of exemption otherwise allowed pursuant to this

section;

(ii) limit eligibility for the exemption to those forms of new

construction, reconstruction, alteration or improvement as are

prescribed in such local law or resolution;

(iii) provide that the exemption shall be applicable only to those

improvements which would otherwise result in an increase in the assessed

valuation of the real property but which consist of an addition,

remodeling or modernization to an existing multiple residence structure

to prevent physical deterioration of the structure or to comply with

applicable building, sanitary, health and/or fire codes.

(b) No such local law shall reduce or repeal an exemption granted

pursuant to this section until the expiration of the period for which

such exemption was granted.

7. No additional exemptions shall apply.

* NB There are 2 § 421-j's

Exemption of certain multiple dwellings. 1. Multiple dwelling

buildings, reconstructed, altered, converted back to an owner occupied

single family dwelling or any owner occupied multiple dwelling located

in any city having a population of more than twenty-eight thousand five

hundred inhabitants but less than twenty-nine thousand inhabitants,

determined in accordance with the latest federal decennial census, that

is reduced to at most two units by such reconstruction subsequent to the

effective date of a local law pursuant to this section shall be exempt

from taxation and special ad valorem levies to the extent provided in

this section.

After a public hearing, the governing board of such city may adopt a

local law to grant the exemption authorized pursuant to this section. A

copy of such local law shall be filed with the commissioner and the

assessor of such city who prepares the assessment roll on which the

taxes of such city are levied.

2. (a) Such buildings within such city shall be exempt for a period of

one year to the extent of one hundred percent of the increase in

assessed value attributable to such reconstruction, alteration or

improvement and for an additional period of seven years subject to the

following:

(i) The extent of such exemption shall be decreased by twelve and

one-half percent of the "exemption base" each year during such

additional period.

The "exemption base" shall be the increase in assessed value as

determined in the initial year of the term of the exemption, except as

provided in subparagraph (ii) of this paragraph.

(ii) In any year in which a change in level of assessment of fifteen

percent or more is certified for a final assessment roll pursuant to the

rules of the commissioner, the exemption base shall be multiplied by a

fraction, the numerator of which shall be the total assessed value of

the parcel on such final assessment roll (after accounting for any

physical or quality changes to the parcel since the immediately

preceding assessment roll), and the denominator of which shall be the

total assessed value of the parcel on the immediately preceding final

assessment roll. The result shall be the new exemption base. The

exemption shall thereupon be recomputed to take into account the new

exemption base, notwithstanding the fact that the assessor receives

certification of the change in level of assessment after the completion,

verification and filing of the final assessment roll. In the event the

assessor does not have custody of the roll when such certification is

received, the assessor shall certify the recomputed exemption to the

local officers having custody and control of the roll, and such local

officers are hereby directed and authorized to enter the recomputed

exemption certified by the assessor on the roll. The assessor shall give

written notice of such recomputed exemption to the property owner, who

may, if he or she believes that the exemption was recomputed

incorrectly, apply for a correction in the manner provided by title

three of article five of this chapter for the correction of clerical

errors.

(iii) Such exemption shall be limited to one hundred thousand dollars

in increased market value, or such other sum less than one hundred

thousand dollars, but not less than ten thousand dollars as may be

provided by the local law or resolution, of the property attributable to

such reconstruction, alteration or improvement and any increase in

market value greater than such amount shall not be eligible for the

exemption pursuant to this section. For the purposes of this section,

the market value of the reconstruction, alteration or improvement shall

be equal to the increased assessed value attributable to such

reconstruction, alteration or improvement divided by the most recently

established state equalization rate for such city. Where the state

equalization rate or special equalization rate equals or exceeds

ninety-five percent, the increase in assessed value attributable to such

reconstruction, alteration or improvement shall be deemed to equal the

market value of such reconstruction, alteration or improvement.

(b) No such exemption shall be granted for reconstruction, alterations

or improvements unless:

(i) such reconstruction, alteration or converted improvement was

commenced subsequent to the effective date of the local law adopted

pursuant to subdivision one of this section by such city; and

(ii) the value of such reconstruction, alteration or improvement

exceeds five thousand dollars; and

(iii) the greater portion, as so determined by square footage, of the

building reconstructed, altered or improved is at least five years old.

(c) For purposes of this section the terms reconstruction, alteration

and improvement shall not include ordinary maintenance and repairs.

3. Such exemption shall be granted only upon application by the owner

of such building on a form prescribed by the commissioner. The

application shall be filed with the assessor of such city on or before

the appropriate taxable status date of such city.

4. If satisfied that the applicant is entitled to an exemption

pursuant to this section, the assessor shall approve the application and

such building shall thereafter be exempt from taxation and special ad

valorem levies as provided in this section commencing with the

assessment roll prepared on the basis of the taxable status date

referred to in subdivision three of this section. The assessed value of

any exemption granted pursuant to this section shall be entered by the

assessor on the assessment roll with the taxable property, with the

amount of the exemption shown in a separate column.

5. For the purposes of this section, an owner occupied multiple

dwelling building shall mean any building or structure designed and

occupied as the temporary or permanent residence or home of two or more

families, including the owner of such building.

6. In the event that a building granted an exemption pursuant to this

section ceases to be used primarily for residential purposes or title

thereto is transferred to other than the heirs or distributees of the

owner, the exemption granted pursuant to this section shall cease.

7. (a) The enactment of a local law in such city may:

(i) reduce the percent of exemption otherwise allowed pursuant to this

section;

(ii) limit eligibility for the exemption to those forms of

reconstruction, alterations or improvements as are prescribed in such

local law or resolution;

(iii) provide that the exemption shall be applicable only to those

improvements which would otherwise result in an increase in the assessed

valuation of the real property but which consist of an addition,

remodeling or modernization to an existing owner occupied multiple

residence structure to prevent physical deterioration of the structure

or to comply with applicable building, sanitary, health and/or fire

codes.

(b) No such local law shall reduce or repeal an exemption granted

pursuant to this section until the expiration of the period for which

such exemption was granted.

Exemption of capital improvements to residential buildings in

certain towns. 1. Residential buildings designed and occupied

exclusively for residential purposes by not more than three families

that are reconstructed, altered or improved subsequent to the effective

date of a local law or resolution pursuant to this section shall be

exempt from taxation and special ad valorem levies to the extent

provided hereinafter. After a public hearing, the governing board of a

town with a population of not less than sixteen thousand three hundred

fifty and not more than sixteen thousand three hundred sixty, situated

in a county with a population of not less than nine hundred nineteen

thousand and not more than nine hundred nineteen thousand one hundred,

based upon the two thousand ten federal census, may adopt a local law to

grant the exemption authorized pursuant to this section. Subsequent to

the adoption of such a local law, the county in which such town is

located, any village located within such town and any school district

all or part of which is located within such town may likewise exempt

such property from its taxation and special ad valorem levies by local

law, or in the case of a school district, by resolution in the same

manner and to the same extent as the town. A copy of such local laws or

resolutions shall be filed with the commissioner and appropriate

assessor.

2. Such residential real property shall be exempt for a period of one

year to the extent of fifty per centum of the increase in assessed value

thereof attributable to such reconstruction, alteration or improvement

and for an additional period of four years subject to the following:

(i) The extent of such exemption shall be decreased by ten per centum

of the "exemption base" each year during such additional four-year

period, such that during year two there shall be an exemption of forty

per centum of the increase in assessed value thereof attributable,

during year three there shall be an exemption of thirty per centum of

the increase in assessed value thereof attributable, in year four there

shall be an exemption of twenty per centum of the increase in assessed

value thereof attributable and in year five there shall be an exemption

of ten per centum of the increase in assessed value thereof

attributable;

(ii) The "exemption base" shall be the increase in assessed value due

to reconstruction, alterations or improvements as determined by the

assessor in the initial year of such five-year period following the

filing of an original application; and

(iii) A qualified reconstruction, alteration or improvement shall have

increased the assessed value of the real property by at least ten

thousand dollars, with a maximum permitted exemption not to exceed one

hundred fifty thousand dollars.

3. For purposes of this section, "reconstruction", "alteration" or

"improvement" shall not include ordinary maintenance and repairs.

4. Any owner of a one to three family residence may qualify for an

exemption pursuant to this section, including owners who do not occupy

such residences, individuals, partnerships and limited liability

corporations. Exemptions granted pursuant to this section are not

transferable from owner to another if the real property is sold or

transferred during the exemption period.

5. No such exemption shall be granted unless:

(a) Such reconstruction, alteration or improvement was commenced

subsequent to the effective date of the local law or resolution adopted

by a town, county, village or school district pursuant to subdivision

one of this section;

(b) The owner of real property applying for such exemption has

satisfied all outstanding town, county, village and school tax

obligations; and

(c) Such reconstruction, alteration or improvement is documented by a

building permit, if required, for the improvements or other appropriate

documentation as required by the assessor and/or code enforcement

officer.

6. Such exemption shall be granted only upon application by the owner

of such real property on a form prescribed by the commissioner. Such

application shall be filed with the assessor on or before the

appropriate taxable status date and within one year after the date of

completion of such reconstruction, alteration or improvement.

7. If satisfied that the applicant is entitled to an exemption

pursuant to this section, the assessor shall approve the application and

such building shall thereafter be exempt from taxation and special ad

valorem levies as provided in this section commencing with the

assessment roll prepared on the basis of the taxable status date

referred to in subdivision six of this section. The assessor shall enter

the assessed value of any exemption granted pursuant to this section on

the assessment roll for the taxable property, with the amount of the

exemption shown in a separate column.

8. In the event that real property granted an exemption pursuant to

this section ceases to be used primarily for eligible purposes, the

exemption granted pursuant to this section shall cease.

9. Such town, county, village or school district shall be permitted by

local law to reduce the percentage of exemption otherwise allowable by

subdivision two of this section or increase the required minimum

assessed values set forth in paragraph (iii) of subdivision two of this

section, provided that a project in the course of reconstruction,

alteration or improvement shall not be subject to such amendments.

Exemption of certain new or substantially rehabilitated

multiple dwellings from local taxation. 1. (a) A city, town or village

may, by local law, provide for the exemption of multiple dwellings

constructed or substantially rehabilitated in a benefit area designated

in such local law from taxation and special ad valorem levies, but not

special assessments, as provided in this section. Subsequent to the

adoption of such a local law, any other municipal corporation in which

the designated benefit area is located may likewise exempt such property

from its taxation and special ad valorem levies by local law, or in the

case of a school district, by resolution.

(b) As used in this section, the term "benefit area" means the area

within a city, town or village, designated by local law, to which an

exemption, established pursuant to this section, applies.

(c) The term "substantial rehabilitation" means all work necessary to

bring a property into compliance with all applicable laws and

regulations including but not limited to the installation, replacement

or repair of heating, plumbing, electrical and related systems and the

elimination of all hazardous and immediately hazardous violations in the

structure in accordance with state and local laws and regulations of

state and local agencies. Substantial rehabilitation may also include

reconstruction or work to improve the habitability or prolong the useful

life of the property; provided substantial rehabilitation shall not

include ordinary maintenance or repair.

(d) The term "multiple dwelling" means a dwelling, other than a hotel,

which is to be occupied or is occupied as the residence or home of three

or more families living independently of one another, whether such

dwelling is rented or owned as a cooperative or condominium.

2. (a) Eligible new or substantially rehabilitated multiple dwellings

in a designated benefit area shall be exempt according to the following

schedule:

CONSTRUCTION OR SUBSTANTIAL REHABILITATION OF CERTAIN

MULTIPLE DWELLINGS

During construction or Exemption

substantial rehabilitation (maximum

three years) 100%

Following completion of work year:

1 through 12 100%

13-14 80%

15-16 60%

17-18 40%

19-20 20%

(b) Provided that taxes shall be paid during any such period at least

in the amount of the taxes paid on such land and any improvements

thereon during the tax year preceding the commencement of such

exemption. Provided further that no other exemption may be granted

concurrently to the same improvements under any other section of law.

3. To be eligible for exemption under this section:

(a) Such construction or substantial rehabilitation shall take place

on vacant, predominantly vacant or under-utilized land, or on land

improved with a non-conforming use or on land containing one or more

substandard or structurally unsound dwellings, or a dwelling that has

been certified as unsanitary by the local health agency.

(b) Such construction or substantial rehabilitation was commenced on

or after the effective date of the local law, ordinance or resolution

described in subdivision one of this section, but no later than June

fifteenth, two thousand nineteen.

(c) At least twenty percent of the units shall be affordable to

individuals or families of low and moderate income whose incomes at the

time of initial occupancy do not exceed ninety percent of the area

median income adjusted for family size and the individual or family

shall pay in rent or monthly carrying charges no more than thirty

percent of their adjusted gross income as reported in their federal

income tax return, or would be reported if such return were required,

less such personal exemptions and deductions and medical expenses as are

actually taken by the taxpayer, as verified according to procedures

established by the state division of housing and community renewal. Such

procedures shall be published through notice in the state register

without further action required for the promulgation of regulations

pursuant to the state administrative procedure act.

(d) Such construction or substantial rehabilitation is carried out

with the assistance of grants, loans or subsidies for the construction

or substantial rehabilitation of affordable housing from any federal,

state or local agency or instrumentality thereof.

4. Application for exemption under this section shall be made on a

form prescribed by the commissioner and filed with the assessor on or

before the applicable taxable status date.

5. In the case of property which is used partially as a multiple

dwelling and partially for commercial or other purposes, the property

shall be eligible for the exemption authorized by this section if:

(a) The square footage of the portion used as a multiple dwelling

represents at least fifty percent of the square footage of the entire

property;

(b) At least twenty percent of the units are affordable to individuals

or families of low and moderate income, as determined according to the

criteria set forth in paragraph (c) of subdivision three of this

section; and

(c) The requirements of this section are otherwise satisfied with

respect to the portion of the property used as a multiple dwelling.

6. The exemption authorized by this section shall not be available in

a jurisdiction to which the provisions of section four hundred

twenty-one-a or four hundred twenty-one-c of this article are

applicable.

7. A city, town or village providing an exemption pursuant to the

authority of this section shall develop an income monitoring and

compliance plan to meet the criteria of paragraph (c) of subdivision

three of this section and such plan shall be reviewed, evaluated and

approved by the state division of housing and community renewal as a

condition of providing such exemption. Such plan shall include an annual

certification that the multiple dwelling receiving an exemption meets

the requirements of this section. Such certification shall be provided

to the assessor and the state division of housing and community renewal.

If such requirements are not met, then the multiple dwelling shall not

qualify for the exemption in that year.

Exemption of capital improvements to multiple dwelling

buildings within certain cities. 1. Multiple dwelling buildings,

reconstructed, altered, converted back to an owner occupied single

family dwelling or any owner occupied multiple dwelling located in any

city having a population of more than thirteen thousand five hundred

inhabitants but less than fourteen thousand inhabitants, determined in

accordance with the latest federal decennial census, that is reduced to

at most two units by such reconstruction subsequent to the effective

date of a local law pursuant to this section shall be exempt from

taxation and special ad valorem levies to the extent provided

hereinafter. After a public hearing, the governing board of such city

may adopt a local law to grant the exemption authorized pursuant to this

section. A copy of such local law shall be filed with the commissioner

and the assessor of such city who prepares the assessment roll on which

the taxes of such city are levied.

2. (a) Such buildings within such city shall be exempt for a period of

one year to the extent of one hundred percent of the increase in

assessed value attributable to such reconstruction, alteration or

improvement and for an additional period of seven years subject to the

following:

(i) The extent of such exemption shall be decreased by twelve and

one-half percent of the "exemption base" each year during such

additional period. The "exemption base" shall be the increase in

assessed value as determined in the initial year of the term of the

exemption, except as provided in subparagraph (ii) of this paragraph.

(ii) In any year in which a change in level of assessment of fifteen

percent or more is certified for a final assessment roll pursuant to the

rules of the commissioner, the exemption base shall be multiplied by a

fraction, the numerator of which shall be the total assessed value of

the parcel on such final assessment roll (after accounting for any

physical or quantity changes to the parcel since the immediately

preceding assessment roll), and the denominator of which shall be the

total assessed value of the parcel on the immediately preceding final

assessment roll. The result shall be the new exemption base. The

exemption shall thereupon be recomputed to take into account the new

exemption base, notwithstanding the fact that the assessor receives

certification of the change in level of assessment after the completion,

verification and filing of the final assessment roll. In the event the

assessor does not have custody of the roll when such certification is

received, the assessor shall certify the recomputed exemption to the

local officers having custody and control of the roll, and such local

officers are hereby directed and authorized to enter the recomputed

exemption certified by the assessor on the roll. The assessor shall give

written notice of such recomputed exemption to the property owner, who

may, if he or she believes that the exemption was recomputed

incorrectly, apply for a correction in the manner provided by title

three of article five of this chapter for the correction of clerical

errors.

(iii) Such exemption shall be limited to one hundred thousand dollars

in increased market value, or such other sum less than one hundred

thousand dollars, but not less than ten thousand dollars as may be

provided by the local law or resolution, of the property attributable to