A08231 Summary:

BILL NOA08231
 
SAME ASNo Same As
 
SPONSORWright
 
COSPNSRGlick, Davila, Ortiz, Cancel
 
MLTSPNSR
 
Amd SS489 & 467-a, RPT L; amd SS11-1706, 22-622, 22-624, 22-601, 22-602 & 11-704, NYC Ad Cd; amd SS282-a & 284, Mult Dwell L; rpld S27 sub (h), Chap 4 of 2013; amd S10, Chap 555 of 1982; amd S4, Chap 402 of 1983; amd S1115, Tax L; amd Part C S2, Chap 2 of 2005; amd SS25-z, 25-ee, 25-s, 25-t, 25-aa & 25-bb, Gen City L
 
Relates to tax abatements, general corporation tax in NYC, conversion of residential property to condominiums, and loft authorization.
Go to top    

A08231 Actions:

BILL NOA08231
 
06/12/2015referred to ways and means
06/15/2015reported referred to rules
06/15/2015reported
06/15/2015rules report cal.490
06/15/2015ordered to third reading rules cal.490
06/15/2015passed assembly
06/15/2015delivered to senate
06/15/2015REFERRED TO RULES
01/06/2016DIED IN SENATE
01/06/2016RETURNED TO ASSEMBLY
01/06/2016ordered to third reading cal.337
Go to top

A08231 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8231
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 12, 2015
                                       ___________
 
        Introduced  by  M.  of A. WRIGHT, GLICK -- read once and referred to the
          Committee on Ways and Means
 
        AN ACT to amend the real property tax  law,  in  relation  to  extending
          provisions  of  law  relating  to  tax abatements for certain multiple
          dwellings (Part A); to amend the real property tax law, in relation to
          extending certain abatements (Part B);  to  amend  the  administrative
          code  of the city of New York, in relation to extending the credit for
          general corporation tax paid (Part C); to amend the multiple  dwelling
          law,  in  relation  to  application  for  coverage of interim multiple
          dwellings and residential units; and  to  repeal  subdivision  (h)  of
          section 27 of chapter 4 of the laws of 2013 amending the real property
          tax  law,  relating  to  exemption  from  taxation  to alterations and
          improvements to  multiple  dwellings  to  eliminate  fire  and  health
          hazards relating thereto (Part D); to amend chapter 555 of the laws of
          1982  amending the general business law and the administrative code of
          the city of New York relating to conversion of residential property to
          cooperative or condominium ownership in  the  city  of  New  York,  in
          relation  to extending the effectiveness thereof; to amend chapter 402
          of the laws of 1983 amending the  general  business  law  relating  to
          conversion  of rental residential property to cooperative or condomin-
          ium ownership in certain municipalities in  the  counties  of  Nassau,
          Westchester  and  Rockland, in relation to extending the effectiveness
          thereof (Part E); and to amend the tax law, in relation to the  tempo-
          rary  exemption from sales and use taxes for premises used for commer-
          cial office space in Lower Manhattan; and to amend part C of chapter 2
          of the laws of 2005 amending the tax law relating to  exemptions  from
          sales and use taxes, in relation to the effectiveness thereof (Subpart
          A);  to  amend the general city law and the administrative code of the
          city of New York, in relation to extending the relocation and  employ-
          ment assistance program and the Lower Manhattan relocation and employ-
          ment assistance program (Subpart B); to amend the general city law and
          the  administrative  code  of  the  city  of  New York, in relation to
          extending the special rebates and discounts provided pursuant  to  the
          energy  cost  savings  program  and the Lower Manhattan energy program
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11640-03-5

        A. 8231                             2
 
          (Subpart C); and to amend the administrative code of the city  of  New
          York,  in relation to the amount of special reduction allowed (Subpart
          D) (Part F)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law major  components  of  legislation
     2  relating  to  real  property  tax abatements.   Each component is wholly
     3  contained within a Part identified as Parts A through F.  The  effective
     4  date  for  each  particular  provision contained within such Part is set
     5  forth in the last section of such Part. Any  provision  in  any  section
     6  contained within a Part, including the effective date of the Part, which
     7  makes  a  reference  to a section "of this act", when used in connection
     8  with that particular component, shall be deemed to mean and refer to the
     9  corresponding section of the Part in which it is found. Section three of
    10  this act sets forth the general effective date of this act.
 
    11                                   PART A
 
    12    Section 1. The opening paragraph of paragraph (a) of subdivision 1  of
    13  section 489 of the real property tax law, as amended by chapter 4 of the
    14  laws of 2013, is amended to read as follows:
    15    Any  city  to  which  the  multiple dwelling law is applicable, acting
    16  through its local legislative body or other governing agency, is  hereby
    17  authorized  and  empowered, to and including January first, two thousand
    18  [fifteen] seventeen, to adopt and amend local laws or ordinances provid-
    19  ing that any increase in assessed valuation of real  property  shall  be
    20  exempt  from  taxation  for  local  purposes, as provided herein, to the
    21  extent such increase results from:
    22    § 2. The closing paragraph of  subparagraph  6  of  paragraph  (a)  of
    23  subdivision 1 of section 489 of the real property tax law, as amended by
    24  chapter 4 of the laws of 2013, is amended to read as follows:
    25    Such conversion, alterations or improvements shall be completed within
    26  thirty  months after the date on which same shall be started except that
    27  such thirty month limitation shall not apply to conversions of  residen-
    28  tial  units  which are registered with the loft board in accordance with
    29  article seven-C of the multiple dwelling law  pursuant  to  subparagraph
    30  one  of  this  paragraph.  Notwithstanding  the foregoing, a sixty month
    31  period for completion shall be available for alterations or improvements
    32  undertaken by a housing development fund company organized  pursuant  to
    33  article eleven of the private housing finance law, which are carried out
    34  with  the  substantial assistance of grants, loans or subsidies from any
    35  federal, state or local governmental agency or instrumentality or  which
    36  are  carried out in a property transferred from such city if alterations
    37  and improvements are completed within seven  years  after  the  date  of
    38  transfer.  In  addition, the local housing agency is hereby empowered to
    39  grant an extension of the period of completion for any  project  carried
    40  out  with  the substantial assistance of grants, loans or subsidies from
    41  any federal, state or local governmental agency or  instrumentality,  if
    42  such  alterations or improvements are completed within sixty months from
    43  commencement of construction. Provided, further, that  such  conversion,
    44  alterations  or  improvements  shall  in any event be completed prior to
    45  June thirtieth, two thousand [fifteen] seventeen. Exemption for  conver-
    46  sions,  alterations  or  improvements pursuant to subparagraph one, two,

        A. 8231                             3
 
     1  three or four of this paragraph shall  continue  for  a  period  not  to
     2  exceed  fourteen  years and begin no sooner than the first quarterly tax
     3  bill immediately following the completion  of  such  conversion,  alter-
     4  ations or improvements. Exemption for alterations or improvements pursu-
     5  ant  to  this  subparagraph or subparagraph five of this paragraph shall
     6  continue for a period not to exceed thirty-four years and shall begin no
     7  sooner than the first  quarterly  tax  bill  immediately  following  the
     8  completion  of such alterations or improvements. Such exemption shall be
     9  equal to the increase in the valuation which is subject to exemption  in
    10  full  or  proportionally under this subdivision for ten or thirty years,
    11  whichever is applicable. After such period of time, the amount  of  such
    12  exempted  assessed  valuation  of  such improvements shall be reduced by
    13  twenty percent in each succeeding year until the assessed value  of  the
    14  improvements  are  fully taxable.   Provided, however, exemption for any
    15  conversion, alterations or improvements which are aided  by  a  loan  or
    16  grant  under  article eight, eight-A, eleven, twelve, fifteen or twenty-
    17  two of the private housing finance law, section six hundred ninety-six-a
    18  or section ninety-nine-h of the general municipal law, or section  three
    19  hundred  twelve  of  the  housing act of nineteen hundred sixty-four (42
    20  U.S.C.A. 1452b), or the Cranston-Gonzalez  national  affordable  housing
    21  act (42 U.S.C.A. 12701 et.  seq.), or started after July first, nineteen
    22  hundred  eighty-three  by  a  housing development fund company organized
    23  pursuant to article eleven of the private housing finance law which  are
    24  carried  out  with the substantial assistance of grants, loans or subsi-
    25  dies from any federal, state or local governmental agency or  instrumen-
    26  tality  or which are carried out in a property transferred from any city
    27  and where alterations and improvements are completed within seven  years
    28  after  the  date  of  transfer  may commence at the beginning of any tax
    29  quarter subsequent to the  start  of  such  conversion,  alterations  or
    30  improvements and prior to the completion of such conversion, alterations
    31  or improvements.
    32    §  3.  This act shall take effect immediately; provided, however, that
    33  if this act shall become law after June  30,  2015,  then  it  shall  be
    34  deemed to have been in full force and effect on and after June 30, 2015.
 
    35                                   PART B
 
    36    Section 1. Paragraphs (a) and (b) of subdivision 2 of section 467-a of
    37  the  real property tax law, as amended by chapter 4 of the laws of 2013,
    38  are amended to read as follows:
    39    (a) In a city having a population of one  million  or  more,  dwelling
    40  units  owned  by  unit  owners  who, as of the applicable taxable status
    41  date, own no more than three dwelling units in any one property held  in
    42  the  condominium  form  of  ownership,  shall  be  eligible to receive a
    43  partial abatement of real property taxes, as  set  forth  in  paragraphs
    44  (c),  (d),  (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
    45  sion; provided, however, that a property held in the condominium form of
    46  ownership that is  receiving  complete  or  partial  real  property  tax
    47  exemption or tax abatement pursuant to any other provision of this chap-
    48  ter or any other state or local law, except as provided in paragraph (f)
    49  of  this  subdivision, shall not be eligible to receive a partial abate-
    50  ment pursuant to this section;  and  provided,  further,  that  sponsors
    51  shall  not  be  eligible to receive a partial abatement pursuant to this
    52  section; and provided, further, that in the fiscal [year] years commenc-
    53  ing in calendar years two thousand twelve, two thousand  thirteen,  [or]
    54  two  thousand fourteen, two thousand fifteen, or two thousand sixteen no

        A. 8231                             4
 
     1  more than a maximum of three dwelling units owned by any unit owner in a
     2  single building, one of which must be the primary residence of such unit
     3  owner, shall be eligible to receive  a  partial  abatement  pursuant  to
     4  paragraphs (d-1), (d-2), (d-3) and (d-4) of this [section] subdivision.
     5    (b)  In  a  city  having a population of one million or more, dwelling
     6  units owned by tenant-stockholders who, as  of  the  applicable  taxable
     7  status  date,  own no more than three dwelling units in any one property
     8  held in the cooperative form of ownership, shall be eligible to  receive
     9  a  partial  abatement of real property taxes, as set forth in paragraphs
    10  (c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of  this  subdivi-
    11  sion; provided, however, that a property held in the cooperative form of
    12  ownership  that  is  receiving  complete  or  partial  real property tax
    13  exemption or tax abatement pursuant to any other provision of this chap-
    14  ter or any other state or local law, except as provided in paragraph (f)
    15  of this subdivision, shall not be eligible to receive a  partial  abate-
    16  ment  pursuant  to  this  section;  and provided, further, that sponsors
    17  shall not be eligible to receive a partial abatement  pursuant  to  this
    18  section; and provided, further, that in the fiscal [year] years commenc-
    19  ing  in  calendar years two thousand twelve, two thousand thirteen [or],
    20  two thousand fourteen, two thousand fifteen, or two thousand sixteen  no
    21  more  than  a maximum of three dwelling units owned by any tenant-stock-
    22  holder in a single building, one of which must be the primary  residence
    23  of  such  tenant-stockholder,  shall  be  eligible  to receive a partial
    24  abatement pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)  of  this
    25  [section]  subdivision.    For purposes of this section, a tenant-stock-
    26  holder of a cooperative apartment corporation shall be deemed to own the
    27  dwelling unit which is represented by his or her shares of stock in such
    28  corporation. Any abatement so granted shall be credited by the appropri-
    29  ate taxing authority against the tax due on the property as a whole. The
    30  reduction in real property taxes received thereby shall be  credited  by
    31  the  cooperative  apartment corporation against the amount of such taxes
    32  attributable to eligible dwelling units at the time of receipt.
    33    § 2. Paragraphs (d-1), (d-2), (d-3) and  (d-4)  of  subdivision  2  of
    34  section 467-a of the real property tax law, as added by chapter 4 of the
    35  laws of 2013, are amended to read as follows:
    36    (d-1)  In  the  fiscal  years  commencing in calendar [year] years two
    37  thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
    38  ble dwelling units in property whose average unit assessed value is less
    39  than or equal to fifty thousand dollars shall receive a  partial  abate-
    40  ment  of the real property taxes attributable to or due on such dwelling
    41  units of twenty-five percent, twenty-six and one-half percent and  twen-
    42  ty-eight  and  one-tenth  percent  respectively.    In  the fiscal years
    43  commencing in calendar years  two  thousand  fifteen  and  two  thousand
    44  sixteen, eligible dwelling units in property whose average unit assessed
    45  value  is  less  than or equal to fifty thousand dollars shall receive a
    46  partial abatement of the real property taxes attributable to or  due  on
    47  such dwelling units of twenty-eight and one-tenth percent.
    48    (d-2)  In  the  fiscal  years  commencing in calendar [year] years two
    49  thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
    50  ble dwelling units in property whose average unit assessed value is more
    51  than fifty thousand dollars, but less than or equal to fifty-five  thou-
    52  sand  dollars,  shall  receive  a partial abatement of the real property
    53  taxes attributable to or due on such dwelling units  of  twenty-two  and
    54  one-half  percent, twenty-three and eight-tenths percent and twenty-five
    55  and two-tenths percent respectively.  In the fiscal years commencing  in
    56  calendar  years  two thousand fifteen and two thousand sixteen, eligible

        A. 8231                             5
 
     1  dwelling units in property whose average unit  assessed  value  is  more
     2  than  fifty thousand dollars, but less than or equal to fifty-five thou-
     3  sand dollars, shall receive a partial abatement  of  the  real  property
     4  taxes  attributable  to or due on such dwelling units of twenty-five and
     5  two-tenths percent.
     6    (d-3) In the fiscal years commencing  in  calendar  [year]  years  two
     7  thousand twelve, two thousand thirteen and two thousand fourteen, eligi-
     8  ble dwelling units in property whose average unit assessed value is more
     9  than  fifty-five thousand dollars, but less than or equal to sixty thou-
    10  sand dollars, shall receive a partial abatement  of  the  real  property
    11  taxes  attributable  to or due on such dwelling units of twenty percent,
    12  twenty-one  and  two-tenths  percent,  and  twenty-two  and  five-tenths
    13  percent  respectively.  In the fiscal years commencing in calendar years
    14  two thousand fifteen and two thousand sixteen, eligible  dwelling  units
    15  in  property  whose  average unit assessed value is more than fifty-five
    16  thousand dollars, but  less than or equal  to  sixty  thousand  dollars,
    17  shall  receive  a partial abatement of the real property taxes attribut-
    18  able to or due on such dwelling  units  of  twenty-two  and  five-tenths
    19  percent.
    20    (d-4)  In  the  fiscal  years  commencing in calendar [year] years two
    21  thousand twelve, two thousand thirteen [and], two thousand fourteen, two
    22  thousand fifteen and two thousand sixteen, eligible  dwelling  units  in
    23  property  whose  average unit assessed value is more than sixty thousand
    24  dollars shall receive a partial abatement of  the  real  property  taxes
    25  attributable  to or due on such dwelling units of seventeen and one-half
    26  percent.
    27    § 3. Paragraph (a) of subdivision 3 of section 467-a of the real prop-
    28  erty tax law, as amended by chapter 4 of the laws of 2013, is amended to
    29  read as follows:
    30    (a) An application for an abatement pursuant to this section  for  the
    31  fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
    32  shall be made no later than the fifteenth  day  of  September,  nineteen
    33  hundred  ninety-six.  An  application  for an abatement pursuant to this
    34  section for the fiscal year commencing in calendar year nineteen hundred
    35  ninety-seven shall be made no later than the first day of  April,  nine-
    36  teen  hundred  ninety-seven. An application for an abatement pursuant to
    37  this section for the fiscal year commencing in  calendar  year  nineteen
    38  hundred ninety-eight shall be made no later than the first day of April,
    39  nineteen  hundred ninety-eight. An application for an abatement pursuant
    40  to this section for the fiscal year commencing in calendar year nineteen
    41  hundred ninety-nine shall be made in accordance  with  this  subdivision
    42  and subdivision three-a of this section. An application for an abatement
    43  pursuant to this section for the fiscal year commencing in calendar year
    44  two  thousand shall be made no later than the fifteenth day of February,
    45  two thousand. An application for an abatement pursuant to  this  section
    46  for  the  fiscal year commencing in calendar year two thousand one shall
    47  be made in accordance with this subdivision and subdivision  three-b  of
    48  this  section.  An application for an abatement pursuant to this section
    49  for the fiscal year commencing in calendar year two thousand  two  shall
    50  be  made  no later than the fifteenth day of February, two thousand two.
    51  An application for an abatement pursuant to this section for the  fiscal
    52  year  commencing  in  calendar  year two thousand three shall be made no
    53  later than the fifteenth day of February, two thousand three. An  appli-
    54  cation  for  an  abatement  pursuant to this section for the fiscal year
    55  commencing in calendar year two thousand four shall be made  in  accord-
    56  ance  with  this subdivision and subdivision three-c of this section. An

        A. 8231                             6
 
     1  application for an abatement pursuant to this  section  for  the  fiscal
     2  year  commencing  in  calendar  year  two thousand five shall be made no
     3  later than the fifteenth day of February, two thousand five. An applica-
     4  tion  for  an  abatement  pursuant  to  this section for the fiscal year
     5  commencing in calendar year two thousand six shall be made no later than
     6  the fifteenth day of February, two thousand six. An application  for  an
     7  abatement  pursuant  to  this  section for the fiscal year commencing in
     8  calendar year two thousand  seven  shall  be  made  no  later  than  the
     9  fifteenth day of February, two thousand seven. An application for abate-
    10  ment pursuant to this section for the fiscal year commencing in calendar
    11  year  two  thousand eight shall be made in accordance with this subdivi-
    12  sion and subdivision three-d of this  section.  An  application  for  an
    13  abatement  pursuant  to  this  section for the fiscal year commencing in
    14  calendar year two  thousand  nine  shall  be  made  no  later  than  the
    15  fifteenth  day  of  February,  two  thousand nine. An application for an
    16  abatement pursuant to this section for the  fiscal  year  commencing  in
    17  calendar year two thousand ten shall be made no later than the fifteenth
    18  day  of  February,  two  thousand  ten.  An application for an abatement
    19  pursuant to this section for the fiscal year commencing in calendar year
    20  two thousand eleven shall be made no later than  the  fifteenth  day  of
    21  February,  two thousand eleven. An application for an abatement pursuant
    22  to this section for the fiscal years commencing in  calendar  years  two
    23  thousand  twelve  and  two thousand thirteen shall be made in accordance
    24  with subdivision three-e of this section. The date  or  dates  by  which
    25  applications for an abatement pursuant to this section shall be made for
    26  the  fiscal [year] years beginning in calendar [year] years two thousand
    27  fourteen, two thousand fifteen and two thousand sixteen shall be  estab-
    28  lished  by  the commissioner of finance by rule, provided that such date
    29  or dates shall not be later than the fifteenth day of February for  such
    30  calendar [year] years.
    31    § 4. This act shall take effect immediately.
 
    32                                   PART C
 
    33    Section  1.  Subparagraph  (A)  of  paragraph  2 of subdivision (f) of
    34  section 11-1706 of the administrative code of the city of New  York,  as
    35  added by chapter 4 of the laws of 2013, is amended to read as follows:
    36    (A)  Subject to the limitations set forth in subparagraphs (B) and (C)
    37  of this paragraph, the credit allowed to a taxpayer for a  taxable  year
    38  under this subdivision shall be determined as follows:
    39    (i)  For  taxable years beginning on or after January first, two thou-
    40  sand fourteen and before July first, two thousand [fifteen] seventeen:
    41    (I) If the city taxable income  is  thirty-five  thousand  dollars  or
    42  less,  the  amount  of  the  credit  shall be one hundred percent of the
    43  amount determined in paragraph three of this subdivision.
    44    (II) If the city taxable income is greater than  thirty-five  thousand
    45  dollars  but  less  than one hundred thousand dollars, the amount of the
    46  credit shall be a percentage of the amount determined in paragraph three
    47  of this subdivision, such percentage to  be  determined  by  subtracting
    48  from  one  hundred percent, a percentage determined by subtracting thir-
    49  ty-five thousand dollars from city taxable income, dividing  the  result
    50  by sixty-five thousand dollars and multiplying by one hundred percent.
    51    (III)  If  the  city taxable income is one hundred thousand dollars or
    52  greater, no credit shall be allowed.
    53    (IV) Provided further that for any taxable  year  of  a  taxpayer  for
    54  which  this  credit  is  effective that encompasses days occurring after

        A. 8231                             7
 
     1  June thirtieth, two thousand [fifteen]  seventeen,  the  amount  of  the
     2  credit determined in item (I) or (II) of this clause shall be multiplied
     3  by  a  fraction,  the  numerator  of  which is the number of days in the
     4  taxpayer's taxable year occurring on or before June thirtieth, two thou-
     5  sand  [fifteen] seventeen, and the denominator of which is the number of
     6  days in the taxpayer's taxable year.
     7    § 2. This act shall take effect immediately.
 
     8                                   PART D
 
     9    Section 1. Section 282-a of the multiple dwelling law, as  amended  by
    10  chapter 159 of the laws of 2011, is amended to read as follows:
    11    §  282-a.  [Limitation  on  applications] Applications for coverage of
    12  interim multiple dwellings and residential units.  1.  All  applications
    13  for  registration  as  an  interim  multiple dwelling or for coverage of
    14  residential units under this article shall be filed with the loft  board
    15  within  six  months after the date the loft board shall have adopted all
    16  rules or regulations necessary in order to implement the  provisions  of
    17  chapter  one  hundred  forty-seven  of  the  laws  of  two thousand ten,
    18  provided, however, that applications  for  registration  as  an  interim
    19  multiple  dwelling or for coverage of residential units under this arti-
    20  cle may also be filed between September first, two thousand fifteen, and
    21  August thirtieth, two thousand seventeen.   The loft  board  may  subse-
    22  quently  amend  such rules and regulations but such amendments shall not
    23  recommence  the  time  period  in  which  applications  may  be   filed.
    24  [Notwithstanding any other provision of this article, after such date no
    25  further applications for registration or coverage as an interim multiple
    26  dwelling or for coverage under this article shall be accepted for owners
    27  or occupants of buildings that would otherwise qualify as interim multi-
    28  ple dwellings or for coverage pursuant to this article.]
    29    2.  Where  any occupant has filed an application for coverage pursuant
    30  to this article and has received a docket number from the loft board, it
    31  shall be unlawful for an owner to cause or intend to cause such occupant
    32  to vacate, surrender or waive any rights in relation to such  occupancy,
    33  due  to repeated interruptions or discontinuances of essential services,
    34  or an interruption or discontinuance of  an  essential  service  for  an
    35  extended  duration  or  of  such significance as to substantially impair
    36  habitability of such unit, at any time before the loft board has made  a
    37  final determination, including appeals, to approve or deny such applica-
    38  tion. This [subdivision] section shall not grant any rights of continued
    39  occupancy  other than those otherwise granted by law. Any agreement that
    40  waives or limits the benefits of this  [subdivision]  section  shall  be
    41  deemed  void as against public policy. In addition to any other remedies
    42  provided in this article for failure to be  in  compliance,  in  article
    43  eight  of  this  chapter,  or in the regulations promulgated by the loft
    44  board, an occupant who has filed an application with the loft board  for
    45  coverage  under this article may[, no later than thirty-six months after
    46  the loft board shall have adopted rules and regulations as set forth  in
    47  subdivision  one of this section,] commence an action or proceeding in a
    48  court  of  competent  jurisdiction,  which  notwithstanding  any   other
    49  provision  of  law  shall  include the housing part of the New York city
    50  civil court, to enforce the provisions of this [subdivision] section.
    51    § 2. Paragraph (vi) of subdivision 1 of section 284  of  the  multiple
    52  dwelling law, as amended by chapter 4 of the laws of 2013, is amended to
    53  read as follows:

        A. 8231                             8
 
     1    (vi)  Notwithstanding  the provisions of paragraphs (i) through (v) of
     2  this subdivision the owner of an interim multiple dwelling made  subject
     3  to this article by subdivision five of section two hundred eighty-one of
     4  this  article  (A)  shall  file  an  alteration application [within nine
     5  months  from  the effective date of the chapter of the laws of two thou-
     6  sand ten which amended this subparagraph] on  or  before  March  twenty-
     7  first,  two  thousand  eleven, or, for units that became subject to this
     8  article pursuant to the chapter of the laws  of  two  thousand  thirteen
     9  which amended this paragraph, [within nine months of the promulgation of
    10  all  necessary  rules  and  regulations  pursuant to section two hundred
    11  eighty-two-a of this article] on or before June eleventh,  two  thousand
    12  fourteen, or, for units in an interim multiple dwelling that were listed
    13  on an application for coverage or registration filed with the loft board
    14  pursuant  to  this  article or in a court pleading after March eleventh,
    15  two thousand fourteen, within nine months of  either  the  date  of  the
    16  initial  application  for coverage or the date of the loft board's issu-
    17  ance of an interim multiple dwelling number or the date of  the  service
    18  of the pleading, whichever is earlier, and (B) shall take all reasonable
    19  and  necessary  action  to  obtain an approved alteration permit [within
    20  twelve months from such effective date] on or before June  twenty-first,
    21  two  thousand  eleven, or, for units that became subject to this article
    22  pursuant to the chapter of the  laws  of  two  thousand  thirteen  which
    23  amended this paragraph, [within twelve months of the promulgation of all
    24  necessary  rules and regulations pursuant to section two hundred eighty-
    25  two-a of this article] on or before  September  eleventh,  two  thousand
    26  fourteen, or, for units in an interim multiple dwelling that were listed
    27  on an application for coverage or registration filed with the loft board
    28  pursuant  to  this  article or in a court pleading after March eleventh,
    29  two thousand fourteen, within twelve months of either the  date  of  the
    30  initial  application  for coverage or the date of the loft board's issu-
    31  ance of an interim multiple dwelling number or the date of  the  service
    32  of  the pleading, whichever is earlier, and (C) shall achieve compliance
    33  with the standards of safety and fire protection set  forth  in  article
    34  seven-B  of  this  chapter  for the residential portions of the building
    35  within eighteen months from obtaining such alteration  permit,  and  (D)
    36  shall  take  all reasonable and necessary action to obtain a certificate
    37  of occupancy as a class A multiple dwelling for the residential portions
    38  of the building or structure [within thirty months from  such  effective
    39  date]  on  or  before December twenty-first, two thousand twelve, or for
    40  units that became subject to this article pursuant to the chapter of the
    41  laws of two thousand thirteen which amended this paragraph [within thir-
    42  ty months of the promulgation of all  necessary  rules  and  regulations
    43  pursuant  to  section  two  hundred  eighty-two-a of this article] on or
    44  before March eleventh, two thousand sixteen, or, for units in an interim
    45  multiple dwelling that were listed on an  application  for  coverage  or
    46  registration  filed with the loft board pursuant to this article or in a
    47  court pleading after March eleventh, two thousand sixteen, within thirty
    48  months of either the date of the initial application for coverage or the
    49  date of the loft board's issuance of an interim multiple dwelling number
    50  or the date of the service of the pleading, whichever  is  earlier.  The
    51  loft board may, upon good cause shown, and upon proof of compliance with
    52  the standards of safety and fire protection set forth in article seven-B
    53  of  this  chapter, twice extend the time of compliance with the require-
    54  ment to obtain a residential certificate of occupancy for periods not to
    55  exceed twelve months each.

        A. 8231                             9
 
     1    § 3. Subdivision (h) of section 27 of chapter 4 of the  laws  of  2013
     2  amending  the  real property tax law relating to exemption from taxation
     3  to alterations and improvements to multiple dwellings to eliminate  fire
     4  and health hazards, is REPEALED.
     5    §  4.  This act shall take effect immediately, provided, however, that
     6  if this act shall become law after June  29,  2015,  then  it  shall  be
     7  deemed to have been in full force and effect on and after June 30, 2015.
 
     8                                   PART E
 
     9    Section  1. Section 10 of chapter 555 of the laws of 1982 amending the
    10  general business law and the administrative code of the city of New York
    11  relating to conversion of residential property to cooperative or  condo-
    12  minium  ownership  in  the  city of New York, as amended by section 4 of
    13  part B of chapter 97 of the laws of 2011, is amended to read as follows:
    14    § 10. This act shall  take  effect  immediately;  provided,  that  the
    15  provisions  of  sections  one,  two and nine of this act shall remain in
    16  full force and effect only until and including  June  15,  [2015]  2017;
    17  provided  further that the provisions of section three of this act shall
    18  remain in full force and effect only so long  as  the  public  emergency
    19  requiring  the regulation and control of residential rents and evictions
    20  continues as provided in subdivision 3 of section 1 of the  local  emer-
    21  gency  housing rent control act; provided further that the provisions of
    22  sections four, five, six and seven of this act shall expire  in  accord-
    23  ance with the provisions of section 26-520 of the administrative code of
    24  the city of New York as such section of the administrative code is, from
    25  time  to  time, amended; provided further that the provisions of section
    26  26-511 of the administrative code of the city of New York, as amended by
    27  this act, which the New York City Department of Housing Preservation and
    28  Development must find are contained in  the  code  of  the  real  estate
    29  industry  stabilization association of such city in order to approve it,
    30  shall be deemed contained therein as of the effective date of this  act;
    31  and provided further that any plan accepted for filing by the department
    32  of  law on or before the effective date of this act shall continue to be
    33  governed by the provisions of section 352-eeee of the  general  business
    34  law  as they had existed immediately prior to the effective date of this
    35  act.
    36    § 2. Section 4 of chapter 402 of the laws of 1983 amending the general
    37  business law relating to conversion of rental  residential  property  to
    38  cooperative  or  condominium  ownership in certain municipalities in the
    39  counties of Nassau, Westchester and Rockland, as amended by section 5 of
    40  part B of chapter 97 of the laws of 2011, is amended to read as follows:
    41    § 4. This act  shall  take  effect  immediately;  provided,  that  the
    42  provisions  of  sections  one and three of this act shall remain in full
    43  force and effect only until and including  June  15,  [2015]  2017;  and
    44  provided  further that any plan accepted for filing by the department of
    45  law on or before the effective date of this act  shall  continue  to  be
    46  governed  by  the  provisions of section 352-eee of the general business
    47  law as they had existed immediately prior to the effective date of  this
    48  act.
    49    §  3.  This act shall take effect immediately, provided, however, that
    50  if this act shall become a law after June 15, 2015,  then  it  shall  be
    51  deemed to have been in full force and effect on and after June 15, 2015.
 
    52                                   PART F

        A. 8231                            10
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  relating to Lower Manhattan and the city of New York. Each component  is
     3  wholly  contained  within  a Subpart identified as Subparts A through D.
     4  The effective date for each particular provision contained  within  such
     5  Subpart  is set forth in the last section of such Subpart. Any provision
     6  in any section contained within a Subpart, including the effective  date
     7  of the Subpart, which makes a reference to a section "of this act", when
     8  used  in  connection  with that particular component, shall be deemed to
     9  mean and refer to the corresponding section of the Subpart in  which  it
    10  is found.
 
    11                                  SUBPART A
 
    12    Section  1.  Subparagraph  (A)  of  paragraph 7 of subdivision (ee) of
    13  section 1115 of the tax law, as amended by section 1  of  subpart  A  of
    14  part  GG  of  chapter  59  of  the  laws  of 2014, is amended to read as
    15  follows:
    16    (A) "Tenant" means a person who, as lessee, enters into a space  lease
    17  with  a  landlord for a term of ten years or more commencing on or after
    18  September first, two thousand five, but not later than, in the case of a
    19  space lease with respect to leased premises located in eligible areas as
    20  defined in clause (i) of subparagraph (D) of this  paragraph,  September
    21  first, two thousand [fifteen] nineteen and, in the case of a space lease
    22  with  respect to leased premises located in eligible areas as defined in
    23  clause (ii) of subparagraph (D) of this paragraph not later than Septem-
    24  ber first, two thousand [seventeen] nineteen, of  premises  for  use  as
    25  commercial  office  space  in  buildings located or to be located in the
    26  eligible areas. A person who currently  occupies  premises  for  use  as
    27  commercial  office  space  under  an existing lease in a building in the
    28  eligible areas shall not be eligible for exemption under  this  subdivi-
    29  sion  unless  such  existing  lease,  in  the case of a space lease with
    30  respect to leased premises located  in  eligible  areas  as  defined  in
    31  clause  (i)  of  subparagraph (D) of this paragraph expires according to
    32  its terms before September first, two thousand  [fifteen]  seventeen  or
    33  such existing lease, in the case of a space lease with respect to leased
    34  premises located in eligible areas as defined in clause (ii) of subpara-
    35  graph  (D)  of this paragraph and such person enters into a space lease,
    36  for a term of ten years or more commencing on or after September  first,
    37  two  thousand  five, of premises for use as commercial office space in a
    38  building located or to be located in the eligible areas,  provided  that
    39  such  space  lease  with  respect to leased premises located in eligible
    40  areas as defined in clause (i) of subparagraph  (D)  of  this  paragraph
    41  commences  no  later than September first, two thousand [fifteen] seven-
    42  teen, and provided that such space lease with respect to leased premises
    43  located in eligible areas as defined in clause (ii) of subparagraph  (D)
    44  of  this paragraph commences no later than September first, two thousand
    45  [seventeen] nineteen and provided, further, that such space lease  shall
    46  expire  no  earlier  than ten years after the expiration of the original
    47  lease.
    48    § 2.  Section 2 of part C of chapter 2 of the laws  of  2005  amending
    49  the  tax law relating to exemptions from sales and use taxes, as amended
    50  by section 2 of subpart A of part GG of chapter 59 of the laws of  2014,
    51  is amended to read as follows:
    52    § 2. This act shall take effect September 1, 2005 and shall expire and
    53  be  deemed repealed on December 1, [2018] 2020, and shall apply to sales
    54  made, uses occurring and services rendered on or  after  such  effective

        A. 8231                            11
 
     1  date,  in  accordance  with  the  applicable  transitional provisions of
     2  sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
     3  agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
     4  tax law, as added by section one of this act, shall expire and be deemed
     5  repealed December 1, [2016] 2018.
     6    §  3.  This  act  shall take effect immediately and shall be deemed to
     7  have been in full force and effect after June 30, 2015; provided, howev-
     8  er, that the amendment to subparagraph (A) of paragraph 7 of subdivision
     9  (ee) of section 1115 of the tax law made by  section  one  of  this  act
    10  shall  not  affect  the  repeal  of such subdivision and shall be deemed
    11  repealed therewith.
 
    12                                  SUBPART B
 
    13    Section 1. Subdivision (b) of section 25-z of the general city law, as
    14  amended by section 1 of subpart D of part GG of chapter 59 of  the  laws
    15  of 2014, is amended to read as follows:
    16    (b) No eligible business shall be authorized to receive a credit under
    17  any  local  law enacted pursuant to this article until the premises with
    18  respect to which it is claiming the credit meet the requirements in  the
    19  definition  of  eligible  premises  and  until it has obtained a certif-
    20  ication of eligibility from the mayor of such city or an  agency  desig-
    21  nated  by  such mayor, and an annual certification from such mayor or an
    22  agency designated by such mayor as to the number of  eligible  aggregate
    23  employment  shares maintained by such eligible business that may qualify
    24  for obtaining a tax credit for the eligible business' taxable year.  Any
    25  written documentation submitted to such mayor or such agency or agencies
    26  in  order  to  obtain  any  such certification shall be deemed a written
    27  instrument for purposes of section 175.00 of the penal law.  Such  local
    28  law  may  provide for application fees to be determined by such mayor or
    29  such agency or agencies. No such certification of eligibility  shall  be
    30  issued under any local law enacted pursuant to this article to an eligi-
    31  ble  business  on  or after July first, two thousand [fifteen] seventeen
    32  unless:
    33    (1) prior to such date such business has purchased, leased or  entered
    34  into  a contract to purchase or lease particular premises or a parcel on
    35  which will be constructed such premises or already owned  such  premises
    36  or parcel;
    37    (2)  prior to such date improvements have been commenced on such prem-
    38  ises or parcel, which improvements will meet the requirements of  subdi-
    39  vision (e) of section twenty-five-y of this article relating to expendi-
    40  tures for improvements;
    41    (3) prior to such date such business submits a preliminary application
    42  for a certification of eligibility to such mayor or such agency or agen-
    43  cies  with respect to a proposed relocation to such particular premises;
    44  and
    45    (4) such business relocates to such particular premises not later than
    46  thirty-six months or, in a case in which the expenditures made  for  the
    47  improvements  specified  in  paragraph  two  of  this subdivision are in
    48  excess of fifty million dollars within seventy-two months from the  date
    49  of submission of such preliminary application.
    50    §  2.  Subdivision  (b)  of  section 25-ee of the general city law, as
    51  amended by section 2 of subpart D of part GG of chapter 59 of  the  laws
    52  of 2014, is amended to read as follows:
    53    (b) No eligible business or special eligible business shall be author-
    54  ized  to receive a credit against tax under any local law enacted pursu-

        A. 8231                            12
 
     1  ant to this article until the premises  with  respect  to  which  it  is
     2  claiming  the credit meet the requirements in the definition of eligible
     3  premises and until it has obtained a certification of  eligibility  from
     4  the  mayor  of  such city or any agency designated by such mayor, and an
     5  annual certification from such mayor or an  agency  designated  by  such
     6  mayor  as  to  the  number of eligible aggregate employment shares main-
     7  tained by such eligible business or such special eligible business  that
     8  may  qualify for obtaining a tax credit for the eligible business' taxa-
     9  ble year. No special eligible business shall be authorized to receive  a
    10  credit  against  tax  under  the  provisions  of this article unless the
    11  number of relocated employee base shares calculated pursuant to subdivi-
    12  sion (o) of section twenty-five-dd of this article is equal to or great-
    13  er than the lesser of twenty-five percent of the number of New York city
    14  base shares calculated pursuant to subdivision (p) of such  section  and
    15  two hundred fifty employment shares. Any written documentation submitted
    16  to  such  mayor  or  such agency or agencies in order to obtain any such
    17  certification shall be deemed  a  written  instrument  for  purposes  of
    18  section 175.00 of the penal law. Such local law may provide for applica-
    19  tion  fees to be determined by such mayor or such agency or agencies. No
    20  certification of eligibility shall be issued under any local law enacted
    21  pursuant to this article to an eligible business on or after July first,
    22  two thousand [fifteen] seventeen unless:
    23    (1) prior to such date such business has purchased, leased or  entered
    24  into  a  contract  to  purchase  or lease premises in the eligible Lower
    25  Manhattan area or a parcel on which will be constructed such premises;
    26    (2) prior to such date improvements have been commenced on such  prem-
    27  ises  or parcel, which improvements will meet the requirements of subdi-
    28  vision (e) of section twenty-five-dd of this article relating to expend-
    29  itures for improvements;
    30    (3) prior to such date such business submits a preliminary application
    31  for a certification of eligibility to such mayor or such agency or agen-
    32  cies with respect to a proposed relocation to such premises; and
    33    (4) such business relocates to such premises as provided  in  subdivi-
    34  sion  (j) of section twenty-five-dd of this article not later than thir-
    35  ty-six months or, in a case in  which  the  expenditures  made  for  the
    36  improvements  specified  in  paragraph  two  of  this subdivision are in
    37  excess of fifty million dollars within seventy-two months from the  date
    38  of submission of such preliminary application.
    39    §  3.  Subdivision (b) of section 22-622 of the administrative code of
    40  the city of New York, as amended by section 3 of subpart D of part GG of
    41  chapter 59 of the laws of 2014, is amended to read as follows:
    42    (b) No eligible business shall  be  authorized  to  receive  a  credit
    43  against  tax  or  a  reduction  in  base  rent  subject to tax under the
    44  provisions of this chapter, and of title eleven of the code as described
    45  in subdivision (a) of this section, until the premises with  respect  to
    46  which  it is claiming the credit meet the requirements in the definition
    47  of eligible premises and until it has obtained a certification of eligi-
    48  bility from the mayor or an agency designated by the mayor, and an annu-
    49  al certification from the mayor or an agency designated by the mayor  as
    50  to the number of eligible aggregate employment shares maintained by such
    51  eligible  business  that  may qualify for obtaining a tax credit for the
    52  eligible business' taxable year. Any written documentation submitted  to
    53  the mayor or such agency or agencies in order to obtain any such certif-
    54  ication  shall  be  deemed  a written instrument for purposes of section
    55  175.00 of the penal law. Application fees for such certifications  shall
    56  be  determined by the mayor or such agency or agencies. No certification

        A. 8231                            13
 
     1  of eligibility shall be issued to an eligible business on or after  July
     2  first, two thousand [fifteen] seventeen unless:
     3    (1)  prior to such date such business has purchased, leased or entered
     4  into a contract to purchase or lease particular premises or a parcel  on
     5  which  will  be constructed such premises or already owned such premises
     6  or parcel;
     7    (2) prior to such date improvements have been commenced on such  prem-
     8  ises or parcel which improvements will meet the requirements of subdivi-
     9  sion  (e) of section 22-621 of this chapter relating to expenditures for
    10  improvements;
    11    (3) prior to such date such business submits a preliminary application
    12  for a certification of eligibility to such mayor or such agency or agen-
    13  cies with respect to a proposed relocation to such particular  premises;
    14  and
    15    (4) such business relocates to such particular premises not later than
    16  thirty-six  months  or,  in  a  case  in which the expenditures made for
    17  improvements specified in paragraph  two  of  this  subdivision  are  in
    18  excess  of fifty million dollars within seventy-two months from the date
    19  of submission of such preliminary application.
    20    § 4. Subdivision (b) of section 22-624 of the administrative  code  of
    21  the city of New York, as amended by section 4 of subpart D of part GG of
    22  chapter 59 of the laws of 2014, is amended to read as follows:
    23    (b) No eligible business or special eligible business shall be author-
    24  ized  to receive a credit against tax under the provisions of this chap-
    25  ter, and of title eleven of the code as described in subdivision (a)  of
    26  this  section,  until  the premises with respect to which it is claiming
    27  the credit meet the requirements in the definition of eligible  premises
    28  and  until it has obtained a certification of eligibility from the mayor
    29  or an agency designated by the mayor, and an annual  certification  from
    30  the  mayor  or  an  agency  designated  by the mayor as to the number of
    31  eligible aggregate employment shares maintained by such  eligible  busi-
    32  ness  or  special eligible business that may qualify for obtaining a tax
    33  credit for the eligible business'  taxable  year.  No  special  eligible
    34  business  shall  be authorized to receive a credit against tax under the
    35  provisions of this chapter and of title eleven of the  code  unless  the
    36  number of relocated employee base shares calculated pursuant to subdivi-
    37  sion  (o)  of section 22-623 of this chapter is equal to or greater than
    38  the lesser of twenty-five percent of the number of New  York  city  base
    39  shares  calculated  pursuant  to subdivision (p) of such section 22-623,
    40  and two hundred  fifty  employment  shares.  Any  written  documentation
    41  submitted to the mayor or such agency or agencies in order to obtain any
    42  such  certification shall be deemed a written instrument for purposes of
    43  section 175.00 of the penal  law.  Application  fees  for  such  certif-
    44  ications shall be determined by the mayor or such agency or agencies. No
    45  certification  of eligibility shall be issued to an eligible business on
    46  or after July first, two thousand [fifteen] seventeen unless:
    47    (1) prior to such date such business has purchased, leased or  entered
    48  into  a  contract  to  purchase  or lease premises in the eligible Lower
    49  Manhattan area or a parcel on which will be constructed such premises;
    50    (2) prior to such date improvements have been commenced on such  prem-
    51  ises  or parcel, which improvements will meet the requirements of subdi-
    52  vision (e) of section 22-623 of this chapter  relating  to  expenditures
    53  for improvements;
    54    (3) prior to such date such business submits a preliminary application
    55  for a certification of eligibility to such mayor or such agency or agen-
    56  cies with respect to a proposed relocation to such premises; and

        A. 8231                            14
 
     1    (4) such business relocates to such premises not later than thirty-six
     2  months or, in a case in which the expenditures made for the improvements
     3  specified  in  paragraph  two of this subdivision are in excess of fifty
     4  million dollars within seventy-two months from the date of submission of
     5  such preliminary application.
     6    §  5.  This  act  shall take effect immediately and shall be deemed to
     7  have been in full force and effect after June 30, 2015.
 
     8                                  SUBPART C
 
     9    Section 1. Paragraph 1 of subdivision  (b)  of  section  25-s  of  the
    10  general  city  law,  as  amended by section 1 of subpart E of part GG of
    11  chapter 59 of the laws of 2014, is amended to read as follows:
    12    (1) non-residential premises that are  wholly  contained  in  property
    13  that  is eligible to obtain benefits under title two-D or two-F of arti-
    14  cle four of the real property tax law, or would be eligible  to  receive
    15  benefits  under  such  article  except that such property is exempt from
    16  real property taxation and the requirements of paragraph (b) of subdivi-
    17  sion seven of section four hundred eighty-nine-dddd of such title two-D,
    18  or the requirements of subparagraph (ii) of paragraph (b) of subdivision
    19  five of section four hundred eighty-nine-cccccc  of  such  title  two-F,
    20  whichever is applicable, have not been satisfied, provided that applica-
    21  tion for such benefits was made after May third, nineteen hundred eight-
    22  y-five  and  prior to July first, two thousand [fifteen] seventeen, that
    23  construction or renovation of such premises was described in such appli-
    24  cation, that such premises have  been  substantially  improved  by  such
    25  construction  or  renovation  so  described,  that  the minimum required
    26  expenditure as defined in such title two-D or two-F, whichever is appli-
    27  cable, has been made, and that such  real  property  is  located  in  an
    28  eligible area; or
    29    §  2.  Paragraph  3  of subdivision (b) of section 25-s of the general
    30  city law, as amended by section 2 of subpart E of part GG of chapter  59
    31  of the laws of 2014, is amended to read as follows:
    32    (3) non-residential premises that are wholly contained in real proper-
    33  ty  that  has obtained approval after October thirty-first, two thousand
    34  and prior to July first, two thousand [fifteen] seventeen for  financing
    35  by  an  industrial  development  agency  established pursuant to article
    36  eighteen-A of the general municipal law, provided  that  such  financing
    37  has been used in whole or in part to substantially improve such premises
    38  (by  construction  or  renovation), and that expenditures have been made
    39  for improvements to such real property in excess of ten  per  centum  of
    40  the  value at which such real property was assessed for tax purposes for
    41  the tax year in which such improvements commenced,  that  such  expendi-
    42  tures  have  been made within thirty-six months after the earlier of (i)
    43  the issuance by such agency of bonds for such  financing,  or  (ii)  the
    44  conveyance  of title to such property to such agency, and that such real
    45  property is located in an eligible area; or
    46    § 3. Paragraph 5 of subdivision (b) of section  25-s  of  the  general
    47  city  law, as amended by section 3 of subpart E of part GG of chapter 59
    48  of the laws of 2014, is amended to read as follows:
    49    (5) non-residential premises that are wholly contained in real proper-
    50  ty owned by such city or the New York  state  urban  development  corpo-
    51  ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
    52  accordance with the applicable provisions of the charter of such city or
    53  by the board of directors of such corporation,  and  such  approval  was
    54  obtained  after  October  thirty-first,  two  thousand and prior to July

        A. 8231                            15
 
     1  first, two thousand [fifteen] seventeen, provided,  however,  that  such
     2  premises were constructed or renovated subsequent to such approval, that
     3  expenditures have been made subsequent to such approval for improvements
     4  to  such  real property (by construction or renovation) in excess of ten
     5  per centum of the value at which such real property was assessed for tax
     6  purposes for the tax year in which  such  improvements  commenced,  that
     7  such  expenditures  have  been  made  within thirty-six months after the
     8  effective date of such lease, and that such real property is located  in
     9  an eligible area; or
    10    §  4.  Paragraph  2  of subdivision (c) of section 25-t of the general
    11  city law, as amended by section 4 of subpart E of part GG of chapter  59
    12  of the laws of 2014, is amended to read as follows:
    13    (2)  No  eligible energy user, qualified eligible energy user, on-site
    14  cogenerator, or clean on-site cogenerator shall receive a rebate  pursu-
    15  ant  to  this  article  until  it  has obtained a certification from the
    16  appropriate city agency in accordance with a local law enacted  pursuant
    17  to  this  section. No such certification for a qualified eligible energy
    18  user shall be issued on or after November first, two thousand.  No  such
    19  certification of any other eligible energy user, on-site cogenerator, or
    20  clean  on-site  cogenerator  shall be issued on or after July first, two
    21  thousand [fifteen] seventeen.
    22    § 5. Paragraph 1 of subdivision (a) of section 25-aa  of  the  general
    23  city  law, as amended by section 5 of subpart E of part GG of chapter 59
    24  of the laws of 2014, is amended to read as follows:
    25    (1) is eligible to obtain benefits under title two-D or two-F of arti-
    26  cle four of the real property tax law, or would be eligible  to  receive
    27  benefits  under such title except that such property is exempt from real
    28  property taxation and the requirements of paragraph (b)  of  subdivision
    29  seven  of  section four hundred eighty-nine-dddd of such title two-D, or
    30  the requirements of subparagraph (ii) of paragraph  (b)  of  subdivision
    31  five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
    32  whichever is applicable, of the real property  tax  law  have  not  been
    33  satisfied,  provided  that  application for such benefits was made after
    34  the thirtieth day of June, nineteen hundred ninety-five and  before  the
    35  first  day  of July, two thousand [fifteen] seventeen, that construction
    36  or renovation of such building or structure was described in such appli-
    37  cation, that such building or structure has been substantially  improved
    38  by  such  construction  or renovation, and (i) that the minimum required
    39  expenditure as defined in such title has been made, or (ii) where  there
    40  is   no  applicable  minimum  required  expenditure,  the  building  was
    41  constructed within such period or periods of time established  by  title
    42  two-D  or  two-F,  whichever  is applicable, of article four of the real
    43  property tax law for construction of a new building or structure; or
    44    § 6. Paragraphs 2 and 3 of subdivision (a) of  section  25-aa  of  the
    45  general  city  law,  as  amended by section 6 of subpart E of part GG of
    46  chapter 59 of the laws of 2014, are amended to read as follows:
    47    (2) has obtained approval after the thirtieth day  of  June,  nineteen
    48  hundred  ninety-five  and  before  the  first  day of July, two thousand
    49  [fifteen] seventeen, for financing by an industrial  development  agency
    50  established pursuant to article eighteen-A of the general municipal law,
    51  provided  that  such  financing  has  been  used  in whole or in part to
    52  substantially improve such building  or  structure  by  construction  or
    53  renovation,  that  expenditures  have been made for improvements to such
    54  real property in excess of twenty per centum of the value at which  such
    55  real  property  was  assessed for tax purposes for the tax year in which
    56  such improvements commenced, and that such expenditures have  been  made

        A. 8231                            16
 
     1  within  thirty-six  months after the earlier of (i) the issuance by such
     2  agency of bonds for such financing, or (ii) the conveyance of  title  to
     3  such building or structure to such agency; or
     4    (3)  is  owned  by  the  city  of New York or the New York state urban
     5  development corporation, or a subsidiary corporation  thereof,  a  lease
     6  for  which  was approved in accordance with the applicable provisions of
     7  the charter of such city or by the board of  directors  of  such  corpo-
     8  ration,  as  the  case  may be, and such approval was obtained after the
     9  thirtieth day of June, nineteen hundred ninety-five and before the first
    10  day of July, two thousand [fifteen] seventeen,  provided  that  expendi-
    11  tures have been made for improvements to such real property in excess of
    12  twenty  per centum of the value at which such real property was assessed
    13  for tax purposes for the tax year in which such improvements  commenced,
    14  and that such expenditures have been made within thirty-six months after
    15  the effective date of such lease; or
    16    §  7.  Subdivision  (f)  of  section 25-bb of the general city law, as
    17  amended by section 7 of subpart E of part GG of chapter 59 of  the  laws
    18  of 2014, is amended to read as follows:
    19    (f) Application and certification. An owner or lessee of a building or
    20  structure  located  in  an  eligible revitalization area, or an agent of
    21  such owner or lessee, may apply to such  department  of  small  business
    22  services  for certification that such building or structure is an eligi-
    23  ble building or targeted  eligible  building  meeting  the  criteria  of
    24  subdivision  (a)  or  (q)  of  section  twenty-five-aa  of this article.
    25  Application for such certification must be filed after the thirtieth day
    26  of June, nineteen hundred ninety-five and before a  building  permit  is
    27  issued  for the construction or renovation required by such subdivisions
    28  and before the first day of  July,  two  thousand  [fifteen]  seventeen,
    29  provided that no certification for a targeted eligible building shall be
    30  issued  after October thirty-first, two thousand. Such application shall
    31  identify expenditures to be made that will affect eligibility under such
    32  subdivision (a) or (q). Upon completion of such expenditures, an  appli-
    33  cant shall supplement such application to provide information (i) estab-
    34  lishing  that the criteria of such subdivision (a) or (q) have been met;
    35  (ii) establishing a basis for determining the amount of special rebates,
    36  including a basis for an allocation of the special rebate among eligible
    37  revitalization area energy users purchasing or otherwise receiving ener-
    38  gy services from an eligible redistributor  of  energy  or  a  qualified
    39  eligible  redistributor of energy; and (iii) supporting an allocation of
    40  charges for energy services between eligible charges and other  charges.
    41  Such  department  shall  certify  a building or structure as an eligible
    42  building or targeted eligible building after receipt and review of  such
    43  information  and  upon a determination that such information establishes
    44  that the building or structure qualifies  as  an  eligible  building  or
    45  targeted  eligible  building.  Such  department  shall mail such certif-
    46  ication or notice thereof to the applicant upon issuance.  Such  certif-
    47  ication  shall  remain  in effect provided the eligible redistributor of
    48  energy or qualified eligible redistributor of energy reports any changes
    49  that materially affect the amount of the special rebates to which it  is
    50  entitled  or the amount of reduction required by subdivision (c) of this
    51  section in an energy services bill of an  eligible  revitalization  area
    52  energy  user  and otherwise complies with the requirements of this arti-
    53  cle. Such department shall notify the private utility or public  utility
    54  service  required  to make a special rebate to such redistributor of the
    55  amount of such special rebate established at the time  of  certification
    56  and any changes in such amount and any suspension or termination by such

        A. 8231                            17
 
     1  department  of certification under this subdivision. Such department may
     2  require some or all of the information required as part of  an  applica-
     3  tion or other report be provided by a licensed engineer.
     4    §  8. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
     5  trative code of the city of New York, as amended by section 8 of subpart
     6  E of part GG of chapter 59 of the laws of 2014, is amended  to  read  as
     7  follows:
     8    (1)  Non-residential  premises  that  are wholly contained in property
     9  that is eligible to obtain benefits under part  four  or  part  five  of
    10  subchapter  two of chapter two of title eleven of this code, or would be
    11  eligible to receive benefits under such chapter except that such proper-
    12  ty is exempt from real property taxation and the requirements  of  para-
    13  graph  two  of  subdivision  g  of  section  11-259 of this code, or the
    14  requirements of subparagraph (b) of paragraph two of  subdivision  e  of
    15  section  11-270  of  this  code,  whichever is applicable, have not been
    16  satisfied, provided that application for such benefits  was  made  after
    17  May  third,  nineteen  hundred  eighty-five and prior to July first, two
    18  thousand [fifteen] seventeen, that construction or  renovation  of  such
    19  premises was described in such application, that such premises have been
    20  substantially  improved by such construction or renovation so described,
    21  that the minimum required expenditure as defined in such  part  four  or
    22  part  five,  whichever  is applicable, has been made, and that such real
    23  property is located in an eligible area; or
    24    § 9. Paragraph 3 of subdivision (i) of section 22-601 of the  adminis-
    25  trative code of the city of New York, as amended by section 9 of subpart
    26  E  of  part  GG of chapter 59 of the laws of 2014, is amended to read as
    27  follows:
    28    (3) non-residential premises that are wholly contained in real proper-
    29  ty that has obtained approval after October thirty-first,  two  thousand
    30  and  prior to July first, two thousand [fifteen] seventeen for financing
    31  by an industrial development  agency  established  pursuant  to  article
    32  eighteen-A  of  the  general municipal law, provided that such financing
    33  has been used in whole or in part to substantially improve such premises
    34  (by construction or renovation), and that expenditures  have  been  made
    35  for  improvements  to  such real property in excess of ten per centum of
    36  the value at which such real property was assessed for tax purposes  for
    37  the  tax  year  in which such improvements commenced, that such expendi-
    38  tures have been made within thirty-six months after the earlier  of  (i)
    39  the  issuance  by  such  agency of bonds for such financing, or (ii) the
    40  conveyance of title to such property to such agency, and that such  real
    41  property is located in an eligible area; or
    42    § 10. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
    43  trative  code  of  the  city  of  New  York, as amended by section 10 of
    44  subpart E of part GG of chapter 59 of the laws of 2014,  is  amended  to
    45  read as follows:
    46    (5) non-residential premises that are wholly contained in real proper-
    47  ty  owned  by  such  city or the New York state urban development corpo-
    48  ration, or a subsidiary thereof, a  lease  for  which  was  approved  in
    49  accordance with the applicable provisions of the charter of such city or
    50  by  the  board  of  directors of such corporation, and such approval was
    51  obtained after October thirty-first, two  thousand  and  prior  to  July
    52  first,  two  thousand  [fifteen] seventeen, provided, however, that such
    53  premises were constructed or renovated subsequent to such approval, that
    54  expenditures have been made subsequent to such approval for improvements
    55  to such real property (by construction or renovation) in excess  of  ten
    56  per centum of the value at which such real property was assessed for tax

        A. 8231                            18
 
     1  purposes  for  the  tax  year in which such improvements commenced, that
     2  such expenditures have been made  within  thirty-six  months  after  the
     3  effective  date of such lease, and that such real property is located in
     4  an eligible area; or
     5    § 11. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
     6  trative  code  of  the  city  of  New  York, as amended by section 11 of
     7  subpart E of part GG of chapter 59 of the laws of 2014,  is  amended  to
     8  read as follows:
     9    (1)  No  eligible energy user, qualified eligible energy user, on-site
    10  cogenerator, clean on-site cogenerator or special eligible  energy  user
    11  shall  receive a rebate pursuant to this chapter until it has obtained a
    12  certification as an eligible  energy  user,  qualified  eligible  energy
    13  user, on-site cogenerator, clean on-site cogenerator or special eligible
    14  energy  user,  respectively,  from  the  commissioner  of small business
    15  services. No such certification for a  qualified  eligible  energy  user
    16  shall  be  issued  on  or  after July first, two thousand three. No such
    17  certification of any other eligible energy user, on-site cogenerator  or
    18  clean  on-site  cogenerator  shall be issued on or after July first, two
    19  thousand [fifteen]  seventeen.    The  commissioner  of  small  business
    20  services,  after  notice  and hearing, may revoke a certification issued
    21  pursuant to this subdivision where it is found that eligibility criteria
    22  have not been met or  that  compliance  with  conditions  for  continued
    23  eligibility  has  not been maintained. The corporation counsel may main-
    24  tain a civil action to recover an amount equal to any benefits improper-
    25  ly obtained.
    26    § 12. This act shall take effect immediately and shall  be  deemed  to
    27  have been in full force and effect after June 30, 2015.
 
    28                                  SUBPART D
 
    29    Section  1.  Subparagraph  (b-2)  of  paragraph  2 of subdivision i of
    30  section 11-704 of the administrative code of the city of  New  York,  as
    31  amended  by  section 1 of subpart F of part GG of chapter 59 of the laws
    32  of 2014, is amended to read as follows:
    33    (b-2) The amount of the special reduction allowed by this  subdivision
    34  with  respect  to  a lease other than a sublease commencing between July
    35  first, two thousand five and  June  thirtieth,  two  thousand  [fifteen]
    36  seventeen  with  an initial or renewal lease term of at least five years
    37  shall be determined as follows:
    38    (i) For the base year the amount of such special  reduction  shall  be
    39  equal to the base rent for the base year.
    40    (ii)  For  the  first,  second,  third and fourth twelve-month periods
    41  following the base year the amount of such special  reduction  shall  be
    42  equal  to  the  lesser  of  (A) the base rent for each such twelve-month
    43  period or (B) the base rent for the base year.
    44    § 2. This act shall take effect immediately and  shall  be  deemed  to
    45  have been in full force and effect after June 30, 2015.
    46    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    47  sion,  section  or  part  of  this act shall be adjudged by any court of
    48  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    49  impair,  or  invalidate  the remainder thereof, but shall be confined in
    50  its operation to the clause, sentence, paragraph,  subdivision,  section
    51  or part thereof directly involved in the controversy in which such judg-
    52  ment shall have been rendered. It is hereby declared to be the intent of
    53  the  legislature  that  this  act  would  have been enacted even if such
    54  invalid provisions had not been included herein.

        A. 8231                            19
 
     1    § 3. This act shall take effect immediately  provided,  however,  that
     2  the  applicable effective date of Subparts A through D of this act shall
     3  be as specifically set forth in the last section of such Subparts.
     4    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     5  sion,  section  or  part  of  this act shall be adjudged by any court of
     6  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     7  impair,  or  invalidate  the remainder thereof, but shall be confined in
     8  its operation to the clause, sentence, paragraph,  subdivision,  section
     9  or part thereof directly involved in the controversy in which such judg-
    10  ment shall have been rendered. It is hereby declared to be the intent of
    11  the  legislature  that  this  act  would  have been enacted even if such
    12  invalid provisions had not been included herein.
    13    § 3. This act shall take effect immediately  provided,  however,  that
    14  the  applicable effective date of Parts A through F of this act shall be
    15  as specifically set forth in the last section of such Parts.
Go to top