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A03354 Summary:

BILL NOA03354
 
SAME ASSAME AS S02320
 
SPONSORWright (MS)
 
COSPNSRBraunstein, Silver, Kim, Weprin, Simanowitz, DenDekker, Cymbrowitz, Boyland, Moya
 
MLTSPNSRArroyo, Aubry, Benedetto, Brook-Krasny, Clark, Colton, Cook, Dinowitz, Glick, Goldfeder, Heastie, Hevesi, Hikind, Kellner, Lentol, Markey, Miller, Millman, Nolan, Ortiz, Perry, Pretlow, Quart, Robinson, Rozic, Sepulveda, Simotas, Titus, Weinstein
 
Amd SS489, 467-a & 421-a, RPT L; amd SS11-1706 & 11-243, NYC Ad Cd; amd SS281, 286, 285 & 284, Mult Dwell L
 
Relates to the the exemption from taxation of alterations and improvements to multiple dwellings to eliminate fire and health hazards; relates to a partial abatement of real property taxes for condos and co-ops, in a city having a population of one million or more; relates to interim multiple dwellings in a city with a population of one million or more persons; relates to certain tax credits and exemptions in a city having a population of one million or more.
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A03354 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3354
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 24, 2013
                                       ___________
 
        Introduced by M. of A. WRIGHT, BRAUNSTEIN, SILVER, KIM, WEPRIN, SIMANOW-
          ITZ,  DenDEKKER,  CYMBROWITZ -- Multi-Sponsored by -- M. of A. ARROYO,
          BENEDETTO, BOYLAND, BRENNAN, BROOK-KRASNY, CLARK, COLTON, COOK, DINOW-
          ITZ, ESPINAL,  GLICK,  GOLDFEDER,  HEASTIE,  HEVESI,  HIKIND,  JACOBS,
          LENTOL,  MARKEY,  MILLER,  MILLMAN,  MOSLEY,  NOLAN, O'DONNELL, ORTIZ,

          PERRY, PRETLOW, ROBINSON, ROZIC, SEPULVEDA, SIMOTAS, TITUS,  WEINSTEIN
          -- read once and referred to the Committee on Ways and Means
 
        AN ACT to amend the real property tax law, in relation to exemption from
          taxation  of  alterations  and  improvements  to multiple dwellings to
          eliminate fire and health hazards and  a  partial  abatement  of  real
          property  taxes  for condominiums and cooperatives, in a city having a
          population of one million or more; to amend the administrative code of
          the city of New York, in relation to certain tax credits; to amend the
          real property tax law, in relation to interim multiple dwellings in  a
          city  with  a population of one million or more; to amend the multiple
          dwelling law, in relation to interim multiple dwellings in a city with
          a population of one million or more; and providing for the  repeal  of

          certain provisions of the multiple dwelling law upon expiration there-
          of
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of paragraph (a) of subdivision 1  of
     2  section  489  of the real property tax law, as amended by chapter 244 of
     3  the laws of 2006, is amended to read as follows:
     4    Any city to which the multiple  dwelling  law  is  applicable,  acting
     5  through  its local legislative body or other governing agency, is hereby
     6  authorized and empowered, to and including  [June]  January  first,  two
     7  thousand  [eleven]  fifteen, to adopt and amend local laws or ordinances
     8  providing that any increase in assessed valuation of real property shall

     9  be exempt from taxation for local purposes, as provided herein,  to  the
    10  extent such increase results from:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06204-04-3

        A. 3354                             2
 
     1    §  2.  The  closing  paragraph  of  subparagraph 6 of paragraph (a) of
     2  subdivision 1 of section 489 of the real property tax law, as amended by
     3  chapter 244 of the laws of 2006, is amended to read as follows:
     4    Such conversion, alterations or improvements shall be completed within
     5  [thirty-six] thirty months after the date on which same shall be started

     6  except that such [thirty-six] thirty month limitation shall not apply to
     7  conversions  of  residential  units  which  are registered with the loft
     8  board in accordance with article seven-C of the  multiple  dwelling  law
     9  pursuant  to  subparagraph  one  of  this paragraph. Notwithstanding the
    10  foregoing, a sixty month period for completion shall  be  available  for
    11  alterations  or  improvements  undertaken  by a housing development fund
    12  company organized pursuant to article  eleven  of  the  private  housing
    13  finance  law,  which  are carried out with the substantial assistance of
    14  grants, loans or subsidies from any federal, state or local governmental
    15  agency or instrumentality or which are carried out in a property  trans-
    16  ferred  from  such  city  if  alterations and improvements are completed
    17  within seven years after the date of transfer. In  addition,  the  local

    18  housing  agency  is hereby empowered to grant an extension of the period
    19  of completion for any project carried out with the  substantial  assist-
    20  ance  of  grants,  loans  or  subsidies from any federal, state or local
    21  governmental agency or instrumentality, if such alterations or  improve-
    22  ments   are   completed   within   sixty  months  from  commencement  of
    23  construction. Provided, further, that such  conversion,  alterations  or
    24  improvements  shall in any event be completed prior to [December thirty-
    25  first] June thirtieth, two thousand [eleven]  fifteen.    Exemption  for
    26  conversions,  alterations  or improvements pursuant to subparagraph one,
    27  two, three or four of this paragraph shall continue for a period not  to
    28  exceed  fourteen  years and begin no sooner than the first quarterly tax

    29  bill immediately following the completion  of  such  conversion,  alter-
    30  ations or improvements. Exemption for alterations or improvements pursu-
    31  ant  to  this  subparagraph or subparagraph five of this paragraph shall
    32  continue for a period not to exceed thirty-four years and shall begin no
    33  sooner than the first  quarterly  tax  bill  immediately  following  the
    34  completion  of such alterations or improvements. Such exemption shall be
    35  equal to the increase in the valuation which is subject to exemption  in
    36  full  or  proportionally under this subdivision for ten or thirty years,
    37  whichever is applicable. After such period of time, the amount  of  such
    38  exempted  assessed  valuation  of  such improvements shall be reduced by
    39  twenty percent in each succeeding year until the assessed value  of  the
    40  improvements  are  fully taxable.   Provided, however, exemption for any

    41  conversion, alterations or improvements which are aided  by  a  loan  or
    42  grant  under  article eight, eight-A, eleven, twelve, fifteen or twenty-
    43  two of the private housing finance law, section six hundred ninety-six-a
    44  or section ninety-nine-h of the general municipal law, or section  three
    45  hundred  twelve  of  the  housing act of nineteen hundred sixty-four (42
    46  U.S.C.A. 1452b), or the Cranston-Gonzalez  national  affordable  housing
    47  act (42 U.S.C.A. 12701 et.  seq.), or started after July first, nineteen
    48  hundred  eighty-three  by  a  housing development fund company organized
    49  pursuant to article eleven of the private housing finance law which  are
    50  carried  out  with the substantial assistance of grants, loans or subsi-
    51  dies from any federal, state or local governmental agency or  instrumen-
    52  tality  or which are carried out in a property transferred from any city

    53  and where alterations and improvements are completed within seven  years
    54  after  the  date  of  transfer  may commence at the beginning of any tax
    55  quarter subsequent to the  start  of  such  conversion,  alterations  or

        A. 3354                             3
 
     1  improvements and prior to the completion of such conversion, alterations
     2  or improvements.
     3    §  3.  Section  489  of the real property tax law is amended by adding
     4  four new subdivisions 17, 18, 19 and 20 to read as follows:
     5    17.  (a) For purposes of this subdivision,  "substantial  governmental
     6  assistance" shall mean:
     7    (i) grants, loans or subsidies from any federal, state or local agency
     8  or  instrumentality  in  furtherance of a program for the development of

     9  affordable housing approved by  the  local  housing  agency,  including,
    10  without  limitation, financing or insurance provided by the state of New
    11  York mortgage agency of the New York city residential mortgage insurance
    12  corporation; or
    13    (ii) a written agreement between a  housing  development  fund  corpo-
    14  ration  and  the  local  housing  agency limiting the incomes of persons
    15  entitled to purchase shares or rent housing accommodations therein.
    16    (b) Any local law or ordinance providing for benefits pursuant to this
    17  section must also provide the following  with  respect  to  conversions,
    18  alterations or improvements completed on or after December thirty-first,
    19  two thousand eleven:

    20    (i)  except  as  otherwise  provided  in  this section with respect to
    21  multiple dwellings, buildings and structures owned and  operated  either
    22  by  limited-profit housing companies established pursuant to article two
    23  of the private housing finance law  or  redevelopment  companies  estab-
    24  lished  pursuant  to article five of the private housing finance law, or
    25  with respect to a group of multiple dwellings that was  developed  as  a
    26  planned  community  and  that  is  owned  as  two  separate condominiums
    27  containing a total of ten thousand or more dwelling units, any  multiple
    28  dwelling,  building  or  structure  that  is owned as a cooperative or a
    29  condominium that has  an  average  assessed  value  of  thirty  thousand

    30  dollars  or more per dwelling unit shall only be eligible for such bene-
    31  fits if the alterations or improvements for which such  multiple  dwell-
    32  ing, building or structure has applied for the benefits pursuant to this
    33  section were carried out with substantial governmental assistance; and
    34    (ii)  no  benefits  pursuant  to this section shall be granted for the
    35  conversion of any non-residential building or structure into a  class  A
    36  multiple  dwelling  unless such conversion was carried out with substan-
    37  tial governmental assistance.
    38    18. Any local law or ordinance providing for benefits pursuant to this
    39  section must also provide, with respect to conversions,  alterations  or
    40  improvements  for which application was made after the effective date of

    41  this subdivision, that if such conversions, alterations or  improvements
    42  are  not  completed  on  the  date  upon which such local housing agency
    43  inspects the items of work claimed in such application, the local  hous-
    44  ing  agency shall require the applicant to pay two times the actual cost
    45  for any additional inspections needed to verify the completion  of  such
    46  conversion, alteration or improvement.
    47    19.  The  revocation  of  benefits  granted  to any multiple dwelling,
    48  building or structure pursuant to this  section  shall  not  exempt  any
    49  dwelling unit therein from continued compliance with the requirements of
    50  this  section  or  of  any local law or ordinance providing for benefits
    51  pursuant to this section.

    52    20. Notwithstanding the provisions of any general,  special  or  local
    53  law  or  any  local  ordinance  providing  for benefits pursuant to this
    54  section the department may require that the applications  for  exemption
    55  or abatement under this section that are filed on or after a date speci-
    56  fied in such local law or ordinance be filed electronically.

        A. 3354                             4
 
     1    § 4. Paragraph (a) of subdivision 1 of section 467-a of the real prop-
     2  erty tax law, as added by chapter 273 of the laws of 1996, is amended to
     3  read as follows:
     4    (a)  "Applicant"  means  the board of managers of a condominium or the
     5  board of directors of  a  cooperative  apartment  corporation,  provided

     6  that, in addition, the commissioner of finance may by rule designate the
     7  owner of a dwelling unit as an applicant.
     8    §  5.  Paragraphs (a) and (b) of subdivision 2 of section 467-a of the
     9  real property tax law, as added by chapter 273 of the laws of 1996,  are
    10  amended to read as follows:
    11    (a)  In  a  city  having a population of one million or more, dwelling
    12  units owned by unit owners who, as  of  the  applicable  taxable  status
    13  date,  own no more than three dwelling units in any one property held in
    14  the condominium form of  ownership,  shall  be  eligible  to  receive  a
    15  partial abatement of real property taxes, as set forth in paragraphs (c)
    16  [and], (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this subdivi-
    17  sion; provided, however, that a property held in the condominium form of

    18  ownership  that  is  receiving  complete  or  partial  real property tax
    19  exemption or tax abatement pursuant to any other provision of this chap-
    20  ter or any other state or local law, except as provided in paragraph (f)
    21  of this subdivision, shall not be eligible to receive a  partial  abate-
    22  ment  pursuant  to  this  section;  and provided, further, that sponsors
    23  shall not be eligible to receive a partial abatement  pursuant  to  this
    24  section;  and  provided,  further, that in the fiscal year commencing in
    25  calendar years two thousand twelve, two thousand thirteen, or two  thou-
    26  sand  fourteen  no  more than a maximum of three dwelling units owned by
    27  any unit owner in a single building, one of which must  be  the  primary
    28  residence  of  such  unit  owner, shall be eligible to receive a partial

    29  abatement pursuant to paragraphs (d-1), (d-2), (d-3) and (d-4)  of  this
    30  section.
    31    (b)  In  a  city  having a population of one million or more, dwelling
    32  units owned by tenant-stockholders who, as  of  the  applicable  taxable
    33  status  date,  own no more than three dwelling units in any one property
    34  held in the cooperative form of ownership, shall be eligible to  receive
    35  a  partial  abatement of real property taxes, as set forth in paragraphs
    36  (c) [and], (d), (d-1), (d-2), (d-3), (d-4),  (d-5)  and  (d-6)  of  this
    37  subdivision;  provided, however, that a property held in the cooperative
    38  form of ownership that is receiving complete or  partial  real  property
    39  tax  exemption  or tax abatement pursuant to any other provision of this
    40  chapter or any other state or local law, except as provided in paragraph

    41  (f) of this subdivision, shall not be  eligible  to  receive  a  partial
    42  abatement pursuant to this section; and provided, further, that sponsors
    43  shall  not  be  eligible to receive a partial abatement pursuant to this
    44  section; and provided, further, that in the fiscal  year  commencing  in
    45  calendar  years  two thousand twelve, two thousand thirteen or two thou-
    46  sand fourteen no more than a maximum of three dwelling  units  owned  by
    47  any  tenant-stockholder  in  a single building, one of which must be the
    48  primary residence of  such  tenant-stockholder,  shall  be  eligible  to
    49  receive  a  partial abatement pursuant to paragraphs (d-1), (d-2), (d-3)
    50  and (d-4) of this section.   For purposes of  this  section,  a  tenant-
    51  stockholder  of  a  cooperative apartment corporation shall be deemed to

    52  own the dwelling unit which is represented by his or her shares of stock
    53  in such corporation. Any abatement so granted shall be credited  by  the
    54  appropriate  taxing  authority  against the tax due on the property as a
    55  whole. The reduction in real property taxes received  thereby  shall  be
    56  credited  by the cooperative apartment corporation against the amount of

        A. 3354                             5
 
     1  such taxes attributable to  eligible  dwelling  units  at  the  time  of
     2  receipt.
     3    § 6. Intentionally omitted.
     4    §  7.  Subdivision  2 of section 467-a of the real property tax law is
     5  amended by adding six new paragraphs (d-1), (d-2), (d-3),  (d-4),  (d-5)
     6  and (d-6) to read as follows:
     7    (d-1)  In  the  fiscal  years commencing in calendar year two thousand

     8  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
     9  ing units in property whose average unit assessed value is less than  or
    10  equal to fifty thousand dollars shall receive a partial abatement of the
    11  real  property  taxes  attributable  to or due on such dwelling units of
    12  twenty-five percent, twenty-six and one-half  percent  and  twenty-eight
    13  and one-tenth percent respectively.
    14    (d-2)  In  the  fiscal  years commencing in calendar year two thousand
    15  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    16  ing units in property whose average unit assessed  value  is  more  than
    17  fifty  thousand  dollars,  but less than or equal to fifty-five thousand

    18  dollars, shall receive a partial abatement of the  real  property  taxes
    19  attributable to or due on such dwelling units of twenty-two and one-half
    20  percent,  twenty-three and eight-tenths percent and twenty-five and two-
    21  tenths percent respectively.
    22    (d-3) In the fiscal years commencing in  calendar  year  two  thousand
    23  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    24  ing  units  in  property  whose average unit assessed value is more than
    25  fifty-five thousand dollars, but less than or equal  to  sixty  thousand
    26  dollars,  shall  receive  a partial abatement of the real property taxes
    27  attributable to or due on such dwelling units of twenty  percent,  twen-

    28  ty-one  and  two-tenths  percent, and twenty-two and five-tenths percent
    29  respectively.
    30    (d-4) In the fiscal years commencing in  calendar  year  two  thousand
    31  twelve, two thousand thirteen and two thousand fourteen, eligible dwell-
    32  ing  units  in  property  whose average unit assessed value is more than
    33  sixty thousand dollars shall receive a partial  abatement  of  the  real
    34  property  taxes  attributable to or due on such dwelling units of seven-
    35  teen and one-half percent.
    36    (d-5) In the fiscal years commencing in  calendar  year  two  thousand
    37  twelve and two thousand thirteen, dwelling units that received an abate-
    38  ment  pursuant to this section in the fiscal year commencing in calendar

    39  year two thousand eleven, and that are not eligible to receive  benefits
    40  under  paragraph  (d-1),  (d-2), (d-3), or (d-4) of this subdivision and
    41  that are located in a property that has an average unit  assessed  value
    42  that  is  less than or equal to fifteen thousand dollars shall receive a
    43  partial abatement of the real property taxes attributable to or  due  on
    44  such  dwelling units of twelve and one half percent, and six and twenty-
    45  five hundredths percent respectively.  Provided, however, that  no  such
    46  abatement  shall  be  allowed for any fiscal year commencing in calendar
    47  year two thousand fourteen or later.
    48    (d-6) In the fiscal years commencing in  calendar  year  two  thousand

    49  twelve and two thousand thirteen, dwelling units that received an abate-
    50  ment  pursuant to this section in the fiscal year commencing in calendar
    51  year two thousand eleven, and that are not eligible to receive  benefits
    52  under  paragraph  (d-1),  (d-2), (d-3), or (d-4) of this subdivision and
    53  that are located in a property that has an average unit  assessed  value
    54  that  is  greater  than fifteen thousand dollars shall receive a partial
    55  abatement of the real property taxes attributable  to  or  due  on  such
    56  dwelling  units  of  eight and seventy-five hundredths percent, and four

        A. 3354                             6
 
     1  and  three  hundred  seventy-five  thousandths   percent   respectively.

     2  Provided,  however,  that  no  such  abatement shall be allowed, for any
     3  fiscal year in calendar year two thousand fourteen or later.
     4    § 8. Paragraph (e) of subdivision 2 of section 467-a of the real prop-
     5  erty tax law, as added by chapter 273 of the laws of 1996, is amended to
     6  read as follows:
     7    (e)  Partial  abatement  pursuant to paragraphs (c) [and], (d), (d-1),
     8  (d-2), (d-3), (d-4), (d-5)  and  (d-6)  of  this  subdivision  shall  be
     9  computed on the net real property taxes attributable to or due on eligi-
    10  ble  dwelling  units  after deduction for any exemption on such dwelling
    11  units received pursuant to any section listed in paragraph (f)  of  this
    12  subdivision and after deduction of the portion of any abatement received
    13  pursuant  to  section  four  hundred eighty-nine of this article that is

    14  attributable to a dwelling unit in property held in the cooperative form
    15  of ownership and after deduction of any abatement received  pursuant  to
    16  section  four  hundred eighty-nine of this article by a dwelling unit in
    17  property held in the condominium form of ownership.
    18    § 9. Paragraphs (a), (b) and (c) of subdivision 3 of section 467-a  of
    19  the  real property tax law, paragraphs (a) and (c) as amended by chapter
    20  109 of the laws of 2008 and paragraph (b) as amended  by  section  6  of
    21  part  LL  of  chapter  407  of  the laws of 1999, are amended to read as
    22  follows:
    23    (a) An application for an abatement pursuant to this section  for  the
    24  fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
    25  shall be made no later than the fifteenth  day  of  September,  nineteen
    26  hundred  ninety-six.  An  application  for an abatement pursuant to this

    27  section for the fiscal year commencing in calendar year nineteen hundred
    28  ninety-seven shall be made no later than the first day of  April,  nine-
    29  teen  hundred  ninety-seven. An application for an abatement pursuant to
    30  this section for the fiscal year commencing in  calendar  year  nineteen
    31  hundred ninety-eight shall be made no later than the first day of April,
    32  nineteen  hundred ninety-eight. An application for an abatement pursuant
    33  to this section for the fiscal year commencing in calendar year nineteen
    34  hundred ninety-nine shall be made in accordance  with  this  subdivision
    35  and subdivision three-a of this section. An application for an abatement
    36  pursuant to this section for the fiscal year commencing in calendar year
    37  two  thousand shall be made no later than the fifteenth day of February,
    38  two thousand. An application for an abatement pursuant to  this  section

    39  for  the  fiscal year commencing in calendar year two thousand one shall
    40  be made in accordance with this subdivision and subdivision  three-b  of
    41  this  section.  An application for an abatement pursuant to this section
    42  for the fiscal year commencing in calendar year two thousand  two  shall
    43  be  made  no later than the fifteenth day of February, two thousand two.
    44  An application for an abatement pursuant to this section for the  fiscal
    45  year  commencing  in  calendar  year two thousand three shall be made no
    46  later than the fifteenth day of February, two thousand three. An  appli-
    47  cation  for  an  abatement  pursuant to this section for the fiscal year
    48  commencing in calendar year two thousand four shall be made  in  accord-
    49  ance  with  this subdivision and subdivision three-c of this section. An
    50  application for an abatement pursuant to this  section  for  the  fiscal

    51  year  commencing  in  calendar  year  two thousand five shall be made no
    52  later than the fifteenth day of February, two thousand five. An applica-
    53  tion for an abatement pursuant to  this  section  for  the  fiscal  year
    54  commencing in calendar year two thousand six shall be made no later than
    55  the  fifteenth  day of February, two thousand six. An application for an
    56  abatement pursuant to this section for the  fiscal  year  commencing  in

        A. 3354                             7
 
     1  calendar  year  two  thousand  seven  shall  be  made  no later than the
     2  fifteenth day of February, two thousand seven. An application for abate-
     3  ment pursuant to this section for the fiscal year commencing in calendar
     4  year  two  thousand eight shall be made in accordance with this subdivi-
     5  sion and subdivision three-d of this  section.  An  application  for  an

     6  abatement  pursuant  to  this  section for the fiscal year commencing in
     7  calendar year two  thousand  nine  shall  be  made  no  later  than  the
     8  fifteenth  day  of  February,  two  thousand nine. An application for an
     9  abatement pursuant to this section for the  fiscal  year  commencing  in
    10  calendar year two thousand ten shall be made no later than the fifteenth
    11  day  of  February,  two  thousand  ten.  An application for an abatement
    12  pursuant to this section for the fiscal year commencing in calendar year
    13  two thousand eleven shall be made no later than  the  fifteenth  day  of
    14  February, two thousand eleven.  An application for an abatement pursuant
    15  to  this  section  for the fiscal years commencing in calendar years two
    16  thousand twelve and two thousand thirteen shall be  made  in  accordance

    17  with  subdivision  three-e  of  this section. The date or dates by which
    18  applications for an abatement pursuant to this section shall be made for
    19  the fiscal year beginning in calendar year two thousand  fourteen  shall
    20  be  established  by  the  commissioner of finance by rule, provided that
    21  such date or dates shall not be later than the fifteenth day of February
    22  for such calendar year.
    23    (b) An application for an abatement pursuant to this section shall  be
    24  submitted  to  the commissioner of finance by the board of managers of a
    25  condominium or the board of directors of a cooperative apartment  corpo-
    26  ration,  provided  that  the commissioner of finance may by rule require
    27  the owner of a dwelling unit to  submit  an  application  to  supplement

    28  information  contained  in  the  application  submitted  by the board of
    29  managers of a condominium or the board of  directors  of  a  cooperative
    30  apartment  corporation and may by rule apply and adjust, as appropriate,
    31  any provisions of this section that relate to applications submitted  by
    32  such boards to applications submitted by such owners.
    33    (c)  No abatement pursuant to this section shall be granted unless the
    34  applicant files an application for an abatement within the time  periods
    35  prescribed  in paragraph (a) of this subdivision or subdivision three-a,
    36  three-b, three-c [or], three-d or three-e  of  this  section,  provided,
    37  however,  that  the  commissioner  of finance may, for good cause shown,
    38  extend the time for filing an application.

    39    § 10. Section 467-a of the real property tax law is amended by  adding
    40  a new subdivision 3-e to read as follows:
    41    3-e.  (a)  An  applicant  whose  property did not receive an abatement
    42  pursuant to this section for the fiscal year commencing in calendar year
    43  two thousand eleven shall submit an application for an abatement  pursu-
    44  ant  to  this  section for the fiscal years commencing in calendar years
    45  two thousand twelve and two thousand thirteen in accordance  with  para-
    46  graph (e) of this subdivision.
    47    (b)  The abatement for the fiscal year commencing in calendar year two
    48  thousand twelve of a cooperative apartment corporation that received  an
    49  abatement  pursuant  to  this  section for the fiscal year commencing in

    50  calendar year two thousand eleven  and  that  submitted  an  information
    51  return  on  or  before  February  fifteenth,  two  thousand twelve, that
    52  included an election by the  board  of  directors  of  such  cooperative
    53  apartment corporation that such information return be deemed an applica-
    54  tion  for  an  abatement  pursuant to this section for such fiscal year,
    55  shall be based on the information contained in such information return.

        A. 3354                             8
 
     1    (c) The abatement for the fiscal year commencing in calendar year  two
     2  thousand  twelve of a cooperative apartment corporation that received an
     3  abatement pursuant to this section for the  fiscal  year  commencing  in

     4  calendar  year  two  thousand  eleven  and that submitted an information
     5  return  on  or  before February fifteenth, two thousand twelve, that did
     6  not include an election by the board of directors  of  such  cooperative
     7  apartment corporation that such information return be deemed an applica-
     8  tion  for  an  abatement  pursuant to this section for such fiscal year,
     9  shall be based on the information contained in the application submitted
    10  in two thousand eleven or on the information contained in such  informa-
    11  tion  return,  or  both,  provided  that nothing in this paragraph shall
    12  authorize or require the commissioner of finance to grant  an  abatement
    13  with respect to a property or a dwelling unit that is not eligible as of

    14  the  applicable  taxable  status  date for the fiscal year commencing in
    15  calendar year two thousand twelve.
    16    (d) The board of managers of a condominium that received an  abatement
    17  pursuant to this section for the fiscal year commencing in calendar year
    18  two  thousand eleven shall submit an application for an abatement pursu-
    19  ant to this section for the fiscal year commencing in calendar year  two
    20  thousand twelve no later than sixty days following the effective date of
    21  the  chapter of the laws of two thousand thirteen that added this subdi-
    22  vision.  If such board of managers  does  not  submit  such  application
    23  within  sixty  days  following  the effective date of the chapter of the

    24  laws of two thousand thirteen that  added  this  subdivision,  then  the
    25  abatement  for  the fiscal year commencing in calendar year two thousand
    26  twelve for such condominium shall be based on the information  contained
    27  in the application submitted in two thousand eleven, provided that noth-
    28  ing  in  this  paragraph  shall authorize or require the commissioner of
    29  finance to grant an abatement with respect to a property or  a  dwelling
    30  unit  that  is not eligible as of the applicable taxable status date for
    31  the fiscal year commencing in calendar year two thousand twelve.
    32    (e) Notwithstanding paragraphs (a), (b), (c) and (d) of this  subdivi-
    33  sion  or  any  other  inconsistent provision of law, the commissioner of

    34  finance may require each applicant for an abatement for the fiscal years
    35  commencing in calendar years two thousand twelve and two thousand  thir-
    36  teen to submit an application by a date and in a form determined by such
    37  commissioner  and such commissioner may deny abatements pursuant to this
    38  section for failure to submit such application  by  such  date  provided
    39  that  such  date shall be no earlier than thirty days following the date
    40  on which the commissioner releases the application form.
    41    § 11. Subdivision 8 of section 467-a of the real property tax law,  as
    42  amended  by  chapter  453  of  the  laws  of 2011, is amended to read as
    43  follows:
    44    8. Except to the extent that the owner of a dwelling unit of a proper-
    45  ty situated in a city having a population of one  million  or  more  may

    46  request  a  redacted copy of any application or statements pertaining to
    47  such dwelling unit, as provided in subdivision four of this section, the
    48  information contained in applications or statements in connection there-
    49  with filed with the commissioner  of  finance  pursuant  to  subdivision
    50  three,  three-a,  three-b  [or],  three-c,  three-d  or  three-e of this
    51  section shall not be subject to disclosure  under  article  six  of  the
    52  public officers law.
    53    §  12.  Section  11-1706 of the administrative code of the city of New
    54  York is amended by adding a new subdivision (f) to read as follows:
    55    (f) Credit for general corporation tax paid.    (1)  A  city  resident
    56  individual,  estate or trust whose city adjusted gross income includes a

        A. 3354                             9
 

     1  pro rata share of income, loss and deductions described in paragraph one
     2  of subsection (a) of section thirteen hundred sixty-six of the  internal
     3  revenue  code,  from  one  or more New York S corporations as defined in
     4  subdivision  one-A  of section two hundred eight of the tax law, or from
     5  one or more QSSSs as defined in subdivision one-B of section two hundred
     6  eight of the tax law, that are exempt QSSSs by reason of clause  (A)  of
     7  subparagraph  one  of  paragraph  (k) of subdivision nine of section two
     8  hundred eight of the tax law, on which a tax is  imposed  by  subchapter
     9  two  of chapter six of this title, shall be allowed a credit as provided
    10  in paragraph two of this subdivision against the tax otherwise due under

    11  sections 11-1701, 11-1703, 11-1704 and 11-1704.1 of this chapter.
    12    (2)(A) Subject to the limitations set forth in subparagraphs  (B)  and
    13  (C)  of  this  paragraph, the credit allowed to a taxpayer for a taxable
    14  year under this subdivision shall be determined as follows:
    15    (i) For taxable years beginning on or after January first,  two  thou-
    16  sand fourteen and before July first, two thousand fifteen:
    17    (I)  If  the  city  taxable  income is thirty-five thousand dollars or
    18  less, the amount of the credit shall  be  one  hundred  percent  of  the
    19  amount determined in paragraph three of this subdivision.
    20    (II)  If  the city taxable income is greater than thirty-five thousand
    21  dollars but less than one hundred thousand dollars, the  amount  of  the

    22  credit shall be a percentage of the amount determined in paragraph three
    23  of  this  subdivision,  such  percentage to be determined by subtracting
    24  from one hundred percent, a percentage determined by  subtracting  thir-
    25  ty-five  thousand  dollars from city taxable income, dividing the result
    26  by sixty-five thousand dollars and multiplying by one hundred percent.
    27    (III) If the city taxable income is one hundred  thousand  dollars  or
    28  greater, no credit shall be allowed.
    29    (IV)  Provided  further  that  for  any taxable year of a taxpayer for
    30  which this credit is effective that  encompasses  days  occurring  after
    31  June  thirtieth,  two  thousand fifteen, the amount of the credit deter-

    32  mined in item (I) or (II) of this clause shall be multiplied by a  frac-
    33  tion,  the  numerator  of  which is the number of days in the taxpayer's
    34  taxable year  occurring  on  or  before  June  thirtieth,  two  thousand
    35  fifteen,  and  the  denominator  of  which  is the number of days in the
    36  taxpayer's taxable year.
    37    (B) Notwithstanding anything to the contrary in  subparagraph  (A)  of
    38  this  paragraph,  the  credit  allowed  to a taxpayer for a taxable year
    39  under this subdivision shall not exceed the sum of the taxes that  would
    40  otherwise be imposed by sections 11-1701, 11-1703, 11-1704 and 11-1704.1
    41  of  this chapter on such taxpayer for such taxable year after the allow-
    42  ance of any other credits allowed by subdivisions (a) and  (b)  of  this

    43  section,  and  subdivision (c) of this section, as added by chapter four
    44  hundred eighty-one of the laws  of  nineteen  hundred  ninety-seven  and
    45  subsequently amended, and section 11-1721 of this chapter.
    46    (C)  Notwithstanding  anything  to the contrary in subparagraph (A) of
    47  this paragraph, no credit  shall  be  allowed  for  any  amount  of  tax
    48  imposed,  or  credit  allowed,  by subchapter two of chapter six of this
    49  title on, or to, a combined group of corporations including a New York S
    50  corporation or an exempt QSSS, except where the combined group  consists
    51  exclusively  of  one  or  more  New  York S corporations and one or more
    52  exempt QSSSs of such corporations as described in paragraph one of  this

    53  subdivision,  provided that each of the New York S corporations included
    54  in the group is wholly owned by the  same  interests  and  in  the  same
    55  proportions as each other New York S corporation included in the group.

        A. 3354                            10
 
     1    (3)  Subject  to  the provisions of subparagraph (B) of this paragraph
     2  and subparagraph (C) of paragraph two of this  subdivision,  the  amount
     3  determined in this paragraph is the sum of the taxpayer's pro rata share
     4  of the amounts determined in subparagraph (A) of this paragraph for each
     5  New  York  S  corporation, or exempt QSSS, described in paragraph one of
     6  this subsection, a pro rata share of whose income, loss  and  deductions

     7  described in paragraph one of subsection (a) of section thirteen hundred
     8  sixty-six  of  the  internal revenue code, is included in the taxpayer's
     9  city adjusted gross income.
    10    (A) The amount determined in this subparagraph is the sum of:
    11    (i) the taxes imposed by subchapter two of chapter six of  this  title
    12  on such corporation, or a combined group including such corporation, for
    13  its  taxable year ending within or with the taxable year of the taxpayer
    14  and paid by such corporation, or combined group; and
    15    (ii) the amount of any credit or credits taken by such corporation, or
    16  a combined group including such corporation, under subdivision  eighteen
    17  of  section  11-604  of this title for its taxable year ending within or

    18  with the taxable year of the taxpayer.
    19    (B) For purposes of this subdivision, the taxpayer's pro rata share of
    20  the amount in subparagraph (A) of this paragraph for  the  taxable  year
    21  shall be the amount determined with respect to the taxpayer:
    22    (i) by assigning an equal portion of the amount in subparagraph (A) of
    23  this  paragraph  to  each day of the corporation's taxable year on which
    24  the corporation has shares outstanding,
    25    (ii) then by dividing that portion pro rata among the shares outstand-
    26  ing on that day; provided, however,
    27    (iii) if the taxable year of such corporation for purposes of  chapter
    28  six  of this title is different from its New York S year or S short year

    29  as defined in subdivision one-A of section two hundred eight of the  tax
    30  law, or subsection (f) of section fourteen hundred fifty of the tax law,
    31  only  those  portions that are assigned to days of the taxable year that
    32  are also days of the New York S year or S short year shall be taken into
    33  account in determining the shareholder's pro rata share  of  the  amount
    34  determined in subparagraph (A) of this paragraph.
    35    §  13.  If  any provision of section twelve of this act is adjudged by
    36  any court of competent jurisdiction to be invalid  or  unconstitutional,
    37  the  credit  provided  for in such sections shall not be allowed for any
    38  tax period or periods with respect to which such judgment is in effect.
    39    § 14. The provisions of subdivision  (c)  of  section  11-245  of  the

    40  administrative  code  of the city of New York shall not be applicable to
    41  any multiple dwelling located on lots numbered 13 and  14  of  Manhattan
    42  block  numbered  51,  lots  numbered  17,  18, and 21 of Manhattan block
    43  number 90, lots numbered 7, 8, 10, 11, 57 and  111  of  Manhattan  block
    44  numbered  1010,  and  lots  numbered  33,  34  and 35 of Manhattan block
    45  numbered 1259 as such lots and blocks are numbered as of the  date  this
    46  act shall have become law, provided that the construction of such multi-
    47  ple  dwellings  on those lots commences on or after January 1, 2007, and
    48  on or before June 21, 2017, and provided  that  for  all  such  multiple
    49  dwellings  the department of housing preservation and development of New
    50  York City shall impose a requirement and either certify (i) that  twenty
    51  percent  of  the  units  on site are affordable to households of low and

    52  moderate income pursuant to subdivision 7 of section 421-a of  the  real
    53  property  tax law, or (ii) the requirements of subdivision 12 of section
    54  421-a of the real property tax law are met.  The provisions of  subdivi-
    55  sion (c) of section 11-245 of the administrative code of the city of New
    56  York shall not be applicable to any multiple dwelling that is located on

        A. 3354                            11
 
     1  lot 10 of Manhattan block number 123, as such lot and block are numbered
     2  as   of  the  date  this  act  shall  have  become  law,  provided  that
     3  construction of such multiple dwelling commenced on or after January  1,
     4  2007,  and  on  or  before  June 21, 2012, and provided further that the
     5  individual or agent thereof seeking benefits pursuant to  section  421-a
     6  of  the  real property tax law enters into and fulfills the requirements

     7  of a memorandum of understanding with the city of New York Department of
     8  Housing Preservation and Development to fund in an amount not less  than
     9  $9 million the construction of affordable rental housing within the City
    10  of  New  York,  provided,  however,  that  such amount required shall be
    11  reduced by the value of negotiable certificates that the  individual  or
    12  agent  thereof  seeking  benefits purchased, pursuant to section 6-08 of
    13  title 28 of the rules of the city of New York as such rules  existed  as
    14  of  the  date  this  act shall have become law, in order to entitle such
    15  multiple dwelling to the benefits pursuant to section 421-a of the  real
    16  property  tax  law  for  a  specified  number of units in the geographic
    17  exclusion area, provided that such negotiable certificates  were  gener-
    18  ated  by a written agreement with the Department of Housing Preservation

    19  and Development, and provided further that,  notwithstanding  any  other
    20  provision of law, benefits granted pursuant to section 421-a of the real
    21  property  tax  law  for  such  multiple  dwelling shall be granted as if
    22  construction commenced on June 21, 2012.   For the construction  of  any
    23  multiple  dwelling  on  the above referenced lots, with the exception of
    24  lots numbered 17, 18 and  21  of  Manhattan  block  numbered  90,  which
    25  receives  benefits  pursuant  to  section 421-a of the real property tax
    26  law, any work which may involve the employment of laborers,  workers  or
    27  mechanics  shall  be  considered public work for the purposes of article
    28  eight of the labor law, and any  contracts  or  subcontracts  which  may
    29  involve  the  employment  of  laborers,  workers  or  mechanics shall be
    30  enforceable under article eight of the  labor  law,  provided,  however,

    31  that  such provisions shall not apply to construction performed pursuant
    32  to a project labor agreement that is a  pre-hire  collective  bargaining
    33  agreement  governing the terms and conditions of employment entered into
    34  by a construction user and/or its representative and a bona fide  build-
    35  ing  and  construction  trade  labor organization establishing the labor
    36  organization as the collective bargaining representative  for  laborers,
    37  workers and mechanics.
    38    §  15.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
    39  421-a of the real property tax law, as amended by section 38 of  part  B
    40  of chapter 97 of the laws of 2011, is amended to read as follows:
    41    (i)  Within  a  city  having  a population of one million or more, new
    42  multiple dwellings, except hotels, shall be  exempt  from  taxation  for

    43  local  purposes,  other than assessments for local improvements, for the
    44  tax year or years immediately following taxable status  dates  occurring
    45  subsequent   to   the  commencement  and  prior  to  the  completion  of
    46  construction, but not to exceed three such tax years,  [except  for  new
    47  multiple  dwellings  the construction of which commenced between January
    48  first, two thousand seven, and June thirtieth, two thousand nine,  shall
    49  have  an additional thirty-six months to complete construction and shall
    50  be eligible for full exemption from taxation for the first  three  years
    51  of  the  period  of  construction;  any  eligible  project that seeks to
    52  utilize the six-year period of construction authorized by  this  section

    53  must  apply for a preliminary certificate of eligibility within one year
    54  of the effective date of the rent act of 2011,  provided,  however  that
    55  such  multiple  dwellings shall be eligible for a maximum of three years
    56  of benefits during the construction period,] and shall  continue  to  be

        A. 3354                            12
 
     1  exempt from such taxation in tax years immediately following the taxable
     2  status date first occurring after the expiration of the exemption herein
     3  conferred  during  construction  so  long  as  used at the completion of
     4  construction  for dwelling purposes for a period not to exceed ten years
     5  in the aggregate after the taxable status date immediately following the
     6  completion thereof, as follows:
     7    (A) except as otherwise provided herein there shall be full  exemption

     8  from  taxation  during the period of construction or the period of three
     9  years immediately  following  commencement  of  construction,  whichever
    10  expires  sooner,  [except for new multiple dwellings the construction of
    11  which commenced between January first,  two  thousand  seven,  and  June
    12  thirtieth, two thousand nine, shall have an additional thirty-six months
    13  to  complete  construction and shall be eligible for full exemption from
    14  taxation for the first three years of the period  of  construction;  any
    15  eligible   project   that  seeks  to  utilize  the  six-year  period  of
    16  construction authorized by this section must  apply  for  a  preliminary
    17  certificate  of eligibility within one year of the effective date of the

    18  rent act of 2011, provided, however that such multiple  dwellings  shall
    19  be  eligible  for  a  maximum  of  three  years  of  benefits during the
    20  construction period,] and for two years following such period;
    21    (B) followed by two years of exemption from eighty per  cent  of  such
    22  taxation;
    23    (C)  followed  by  two  years of exemption from sixty per cent of such
    24  taxation;
    25    (D) followed by two years of exemption from forty  per  cent  of  such
    26  taxation;
    27    (E)  followed  by  two years of exemption from twenty per cent of such
    28  taxation;
    29    The following table  shall  illustrate  the  computation  of  the  tax
    30  exemption:
 
    31                 CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS
 
    32                                                    Exemption
    33  During Construction (maximum three years)[;       100%

    34  except construction commenced between January
    35  first, two thousand seven and June
    36  thirtieth, two thousand nine (maximum
    37  three years)]
    38  Following completion of work
    39  Year:
 
    40   1                                                100%
    41   2                                                100
    42   3                                                 80
    43   4                                                 80
    44   5                                                 60
    45   6                                                 60
    46   7                                                 40
    47   8                                                 40
    48   9                                                 20
    49  10                                                 20
 
    50    §  16. Clause (A) of subparagraph (ii) of paragraph (a) of subdivision

    51  2 of section 421-a of the real property tax law, as amended  by  section

        A. 3354                            13
 
     1  39  of  part  B of chapter 97 of the laws of 2011, is amended to read as
     2  follows:
     3    (A) Within a city having a population of one million or more the local
     4  housing  agency may adopt rules and regulations providing that except in
     5  areas excluded by local law new multiple dwellings, except hotels, shall
     6  be exempt from taxation for local purposes, other than  assessments  for
     7  local  improvements,  for  the  tax  year or years immediately following
     8  taxable status dates occurring subsequent to the commencement and  prior
     9  to  the  completion  of  construction,  but not to exceed three such tax
    10  years, [except for new multiple  dwellings  the  construction  of  which

    11  commenced between January first, two thousand seven, and June thirtieth,
    12  two  thousand  nine,  shall  have  an  additional  thirty-six  months to
    13  complete construction and shall be  eligible  for  full  exemption  from
    14  taxation  for  the  first three years of the period of construction; any
    15  eligible  project  that  seeks  to  utilize  the  six-year   period   of
    16  construction  authorized  by  this  section must apply for a preliminary
    17  certificate of eligibility within one year of the effective date of  the
    18  rent  act  of 2011, provided, however that such multiple dwellings shall
    19  be eligible for  a  maximum  of  three  years  of  benefits  during  the
    20  construction period,] and shall continue to be exempt from such taxation

    21  in  tax years immediately following the taxable status date first occur-
    22  ring after the expiration of the exemption herein conferred during  such
    23  construction  so  long  as  used  at  the completion of construction for
    24  dwelling purposes for a period not to exceed fifteen years in the aggre-
    25  gate, as follows:
    26    a. except as otherwise provided herein there shall be  full  exemption
    27  from  taxation  during the period of construction or the period of three
    28  years immediately  following  commencement  of  construction,  whichever
    29  expires  sooner,  [except for new multiple dwellings the construction of
    30  which commenced between January first,  two  thousand  seven,  and  June
    31  thirtieth, two thousand nine, shall have an additional thirty-six months
    32  to  complete  construction and shall be eligible for full exemption from

    33  taxation for the first three years of the period  of  construction;  any
    34  eligible   project   that  seeks  to  utilize  the  six-year  period  of
    35  construction authorized by this section must  apply  for  a  preliminary
    36  certificate  of eligibility within one year of the effective date of the
    37  rent act of 2011, provided, however that such multiple  dwellings  shall
    38  be  eligible  for  a  maximum  of  three  years  of  benefits during the
    39  construction period,] and for eleven years following such period;
    40    b. followed by one year of exemption from eighty percent of such taxa-
    41  tion;
    42    c. followed by one year of exemption from sixty percent of such  taxa-
    43  tion;
    44    d.  followed by one year of exemption from forty percent of such taxa-
    45  tion;

    46    e. followed by one year of exemption from twenty percent of such taxa-
    47  tion.
    48    § 17. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
    49  2 of section 421-a of the real property tax law, as amended  by  section
    50  40  of  part  B of chapter 97 of the laws of 2011, is amended to read as
    51  follows:
    52    (A) Within a city having a population of one million or more the local
    53  housing agency may adopt rules and regulations providing that new multi-
    54  ple dwellings, except hotels, shall be exempt from  taxation  for  local
    55  purposes,  other  than  assessments  for local improvements, for the tax
    56  year or years  immediately  following  taxable  status  dates  occurring

        A. 3354                            14
 
     1  subsequent   to   the  commencement  and  prior  to  the  completion  of

     2  construction, but not to exceed three such tax years,  [except  for  new
     3  multiple  dwellings  the construction of which commenced between January
     4  first,  two thousand seven, and June thirtieth, two thousand nine, shall
     5  have an additional thirty-six months to complete construction and  shall
     6  be  eligible  for full exemption from taxation for the first three years
     7  of the period of  construction;  any  eligible  project  that  seeks  to
     8  utilize  the  six-year period of construction authorized by this section
     9  must apply for a preliminary certificate of eligibility within one  year
    10  of  the  effective  date of the rent act of 2011, provided, however that
    11  such multiple dwellings shall be eligible for a maximum of  three  years

    12  of  benefits  during  the construction period,] and shall continue to be
    13  exempt from such taxation in tax years immediately following the taxable
    14  status date first occurring after the expiration of the exemption herein
    15  conferred during such construction so long as used at the completion  of
    16  construction  for  dwelling  purposes for a period not to exceed twenty-
    17  five years in the aggregate, provided that the area in which the project
    18  is situated is a neighborhood preservation program area as determined by
    19  the local housing agency as of June first, nineteen hundred eighty-five,
    20  or is a neighborhood preservation area as determined  by  the  New  York
    21  city planning commission as of June first, nineteen hundred eighty-five,
    22  or  is  an area that was eligible for mortgage insurance provided by the
    23  rehabilitation mortgage insurance corporation as of May first,  nineteen

    24  hundred  ninety-two  or  is an area receiving funding for a neighborhood
    25  preservation project pursuant to the  neighborhood  reinvestment  corpo-
    26  ration act (42 U.S.C. §§180 et seq.)  as of June first, nineteen hundred
    27  eighty-five, as follows:
    28    a.  except  as otherwise provided herein there shall be full exemption
    29  from taxation during the period of construction or the period  of  three
    30  years  immediately  following  commencement  of  construction, whichever
    31  expires sooner, [except for new multiple dwellings the  construction  of
    32  which  commenced  between  January  first,  two thousand seven, and June
    33  thirtieth, two thousand nine, shall have an additional thirty-six months
    34  to complete construction and shall be eligible for full  exemption  from

    35  taxation  for  the  first three years of the period of construction; any
    36  eligible  project  that  seeks  to  utilize  the  six-year   period   of
    37  construction  authorized  by  this  section must apply for a preliminary
    38  certificate of eligibility within one year of the effective date of  the
    39  rent  act  of 2011, provided, however that such multiple dwellings shall
    40  be eligible for  a  maximum  of  three  years  of  benefits  during  the
    41  construction period,] and for twenty-one years following such period;
    42    b. followed by one year of exemption from eighty percent of such taxa-
    43  tion;
    44    c.  followed by one year of exemption from sixty percent of such taxa-
    45  tion;
    46    d. followed by one year of exemption from forty percent of such  taxa-
    47  tion;

    48    e. followed by one year of exemption from twenty percent of such taxa-
    49  tion.
    50    §  18. Subdivision 7 of section 467-a of the real property tax law, as
    51  added by chapter 273 of the laws of 1996, is amended to read as follows:
    52    7. The commissioner of finance shall be authorized to promulgate rules
    53  necessary to effectuate the purposes of this section.    Notwithstanding
    54  any  other provision of law to the contrary, such rules may include, but
    55  need not be limited to, denial, termination or revocation of any  abate-
    56  ment pursuant to this section if any dwelling unit in a property held in

        A. 3354                            15
 
     1  the  condominium form of ownership or a property held in the cooperative
     2  form of ownership has real property  taxes,  water  and  sewer  charges,

     3  payments  in  lieu  of  taxes  or other municipal charges due and owing,
     4  unless  such  real  property taxes, water and sewer charges, payments in
     5  lieu of taxes or other municipal charges are  currently  being  paid  in
     6  timely  installments pursuant to a written agreement with the department
     7  of finance or other appropriate agency.
     8    § 19. Subdivision 8 of section 467-a of the real property tax law,  as
     9  amended  by  chapter  453  of  the  laws  of 2011, is amended to read as
    10  follows:
    11    8. Except to the extent that the owner of a dwelling unit of a proper-
    12  ty situated in a city having a population of one  million  or  more  may
    13  request  a  redacted copy of any application or statements pertaining to
    14  such dwelling unit, as provided in subdivision four of this section, the

    15  information contained in applications or statements in connection there-
    16  with filed with the commissioner  of  finance  pursuant  to  subdivision
    17  three,  three-a,  three-b  [or],  three-c,  three-d  or  three-e of this
    18  section shall not be subject to disclosure  under  article  six  of  the
    19  public officers law.
    20    §  20. Section 467-a of the real property tax law is amended by adding
    21  a new subdivision 9 to read as follows:
    22    9. The commissioner of finance shall  be  authorized  to  prepare  and
    23  submit  amended tax bills to taxpayers to reflect any adjustments neces-
    24  sary to apply the partial abatement received pursuant to  this  section.
    25  If  a  condominium  or  cooperative has paid an amount that is different

    26  than the amount due on any amended tax bill, the commissioner of finance
    27  may waive any interest otherwise due on such amount.
    28    § 21. Subdivision 5 of section 281 of the multiple  dwelling  law,  as
    29  amended  by  chapter  139  of  the  laws  of 2011, is amended to read as
    30  follows:
    31    5. Notwithstanding the provisions of paragraphs (i), (iii) and (iv) of
    32  subdivision two of this section, but subject to paragraphs (i) and  (ii)
    33  of subdivision one of this section and paragraph (ii) of subdivision two
    34  of  this  section,  the  term  "interim multiple dwelling" shall include
    35  buildings, structures or portions thereof that are located in a city  of
    36  more  than  one  million  persons  which  were  occupied for residential
    37  purposes as the residence or home of any three or more  families  living

    38  independently from one another for a period of twelve consecutive months
    39  during  the  period  commencing  January  first, two thousand eight, and
    40  ending December thirty-first, two thousand nine, provided that the unit:
    41  is not located in a basement or cellar and has  at  least  one  entrance
    42  that does not require passage through another residential unit to obtain
    43  access  to  the unit, has at least one window opening onto a street or a
    44  lawful yard or court as defined in the zoning resolution for such  muni-
    45  cipality,  and is at least [five hundred fifty] four hundred square feet
    46  in area.  The term "interim multiple dwelling" as used in this  subdivi-
    47  sion  shall  not include (i) any building in an industrial business zone
    48  established pursuant to chapter six-D of title twenty-two of the  admin-
    49  istrative  code  of  the  city of New York except that a building in the

    50  Williamsburg/Greenpoint or North Brooklyn industrial business zones  and
    51  a  building  located  in that portion of the Long Island city industrial
    52  business zone that has frontage on either side of  forty-seventh  avenue
    53  or is located north of forty-seventh avenue and south of Skillman avenue
    54  or in that portion of the Long Island city industrial business zone that
    55  is located north of forty-fourth drive, south of Queens plaza north, and
    56  west  of twenty-third street may be included in the term "interim multi-

        A. 3354                            16
 
     1  ple dwelling," or (ii) units in any building, other than a building that
     2  is already defined as an "interim multiple dwelling" pursuant to  subdi-
     3  vision  one,  two, three or four of this section, that, at the time this

     4  subdivision  shall  take  effect  and  continuing  at  the  time  of the
     5  submission of an application for coverage by any party, also contains  a
     6  use actively and currently pursued, which use is set forth in use groups
     7  fifteen  through eighteen, as described in the zoning resolution of such
     8  municipality in effect on June twenty-first, two thousand ten, and which
     9  the loft board has determined in  rules  and  regulation  is  inherently
    10  incompatible  with  residential  use in the same building, provided that
    11  the loft board may by rule exempt categories of units or buildings  from
    12  such  use  incompatibility  determinations  including but not limited to
    13  residentially  occupied  units  or  subcategories  of  such  units,  and
    14  provided,  further  that if a building does not contain such active uses

    15  at the time this subdivision takes effect,  no  subsequent  use  by  the
    16  owner  of  the  building shall eliminate the protections of this section
    17  for any residential occupants in the building already qualified for such
    18  protections. The term "interim  multiple  dwelling,"  as  used  in  this
    19  subdivision shall also include buildings, structures or portions thereof
    20  that are located north of West 24th Street and south of West 27th Street
    21  and  west  of tenth avenue and east of eleventh avenue in a city of more
    22  than one million persons which were occupied for residential purposes as
    23  the residence or home of any two or more families  living  independently
    24  from  one  another  for a period of twelve consecutive months during the
    25  period commencing January first, two thousand eight, and ending December
    26  thirty-first, two thousand nine and subject to all  the  conditions  and

    27  limitations  of  this  subdivision other than the number of units in the
    28  building. A reduction in the number of occupied residential units  in  a
    29  building  after  meeting  the  aforementioned  twelve  consecutive month
    30  requirement shall not eliminate the protections of this section for  any
    31  remaining  residential occupants qualified for such protections. Non-re-
    32  sidential space in a building as of the effective date of this  subdivi-
    33  sion  shall be offered for residential use only after the obtaining of a
    34  residential certificate of occupancy for such space and such space shall
    35  be exempt from this article, even if a portion of such building  may  be
    36  an interim multiple dwelling.
    37    §  22.  Subdivision  2 of section 286 of the multiple dwelling law, as
    38  amended by chapter 414 of the laws of 1999, subparagraphs (A) and (B) of

    39  paragraph (ii) and paragraph (iii) as amended by chapter 135 of the laws
    40  of 2010, is amended to read as follows:
    41    2. (i) Prior to compliance with safety and fire  protection  standards
    42  of  article seven-B of this chapter, residential occupants qualified for
    43  protection pursuant to this article shall be entitled to continued occu-
    44  pancy, provided that the unit is their primary residence, and shall  pay
    45  the same rent, including escalations, specified in their lease or rental
    46  agreement  to the extent to which such lease or rental agreement remains
    47  in effect or, in the absence of a lease or rental  agreement,  the  same
    48  rent  most recently paid and accepted by the owner; if there is no lease
    49  or other rental agreement in effect, rent adjustments prior  to  article
    50  seven-B  compliance  shall be in conformity with guidelines to be set by

    51  the loft board for such residential occupants within six months from the
    52  effective date of this article.
    53    (ii) In addition to any rent adjustment pursuant to paragraph  (i)  of
    54  this  subdivision, on or after June twenty-first, nineteen hundred nine-
    55  ty-two, the rent for residential units  in  interim  multiple  dwellings
    56  that  are not yet in compliance with the requirements of subdivision one

        A. 3354                            17
 
     1  of section two hundred eighty-four of this article shall be adjusted  as
     2  follows:
     3    (A)  Upon the owners' filing of an alteration application, as required
     4  by paragraph (ii), (iii), (iv), (v),  or  (vi)  of  subdivision  one  of
     5  section  two hundred eighty-four of this article, an adjustment equal to
     6  [six] three percent of the rent in effect at the time  the  owner  files

     7  the alteration application.
     8    (B)  Upon  obtaining  an  alteration  permit, as required by paragraph
     9  (ii), (iii), (iv), (v), or  (vi)  of  subdivision  one  of  section  two
    10  hundred  eighty-four  of  this  article,  an adjustment equal to [eight]
    11  three percent of the rent in effect at the time the  owner  obtains  the
    12  alteration permit.
    13    (C)  Upon  achieving  compliance with the standards of safety and fire
    14  protection set forth in article seven-B of this chapter for the residen-
    15  tial portions of the building, an adjustment equal to [six] four percent
    16  of the rent in effect at the time the owner achieves such compliance.
    17    (D) Owners who filed an alteration application prior to the  effective
    18  date  of this subparagraph shall be entitled to a prospective adjustment

    19  equal to six percent of the rent on the effective date of this  subpara-
    20  graph.
    21    (E)  Owners  who  obtained  an alteration permit prior to June twenty-
    22  first, nineteen hundred ninety-two shall be entitled  to  a  prospective
    23  adjustment  equal  to fourteen percent of the rent on June twenty-first,
    24  nineteen hundred ninety-two.
    25    (F) Owners who achieved compliance with the standards  of  safety  and
    26  fire  protection  set  forth  in article seven-B of this chapter for the
    27  residential portions of the building prior to June  twenty-first,  nine-
    28  teen  hundred  ninety-two  shall be entitled to a prospective adjustment
    29  equal to twenty percent of  the  rent  on  June  twenty-first,  nineteen
    30  hundred ninety-two.
    31    (iii) Any rent adjustments pursuant to paragraph (ii) of this subdivi-
    32  sion  shall  not  apply to units which were rented at market value after

    33  June twenty-first, nineteen hundred eighty-two and prior to  June  twen-
    34  ty-first, nineteen hundred ninety-two. This paragraph shall not apply to
    35  units  made  subject  to this article by subdivision five of section two
    36  hundred eighty-one of this article.
    37    (iv) Payment of any rent adjustments pursuant  to  paragraph  (ii)  of
    38  this  subdivision  shall  commence  the  month immediately following the
    39  month in which the act entitling the owner to the adjustment occurred.
    40    § 23. Subdivision 2 of section 285 of the multiple  dwelling  law,  as
    41  amended  by  chapter  135  of  the  laws  of 2010, is amended to read as
    42  follows:
    43    2. Notwithstanding any other provision of this article, an  owner  may
    44  apply  to  the loft board for exemption of a building or portion thereof
    45  from this article on the basis that  compliance  with  this  article  in

    46  obtaining  a  legal  residential certificate of occupancy would cause an
    47  unjustifiable hardship either because: (i) it would cause  an  unreason-
    48  ably  adverse  impact  on a non-residential conforming use tenant within
    49  the building or (ii) the cost of compliance  renders  legal  residential
    50  conversion  infeasible. Residential and other tenants shall be given not
    51  less than sixty days notice in advance of  the  hearing  date  for  such
    52  application.  If  the loft board approves such application, the building
    53  or portion thereof shall  be  exempt  from  this  article,  and  may  be
    54  converted  to  non-residential  conforming uses, provided, however, that
    55  the owner shall, as a condition of approval of such  application,  agree
    56  to  file  an  irrevocable  recorded covenant in form satisfactory to the

        A. 3354                            18
 

     1  loft board enforceable for fifteen years by the municipality,  that  the
     2  building  will not be re-converted to residential uses during such time.
     3  The standard for granting such hardship application for  a  building  or
     4  portion thereof shall be as follows: (a) the loft board shall only grant
     5  the  minimum  relief  necessary to relieve any alleged hardship with the
     6  understanding if compliance is reasonably possible it should be achieved
     7  even if it requires alteration of units, relocation of tenants to vacant
     8  space within the building, re-design of space or application for a  non-
     9  use-related  variance, special permit, minor modification or administra-
    10  tive certification; (b) self-created hardship shall not be allowed;  (c)
    11  the  test for cost infeasibility shall be that of a reasonable return on
    12  the owner's investment not maximum return on investment;  (d)  the  test

    13  for  unreasonably  adverse  impact  on  a non-residential conforming use
    14  tenant  shall  be  whether  residential  conversion  would   necessitate
    15  displacement.  Such hardship applications shall be submitted to the loft
    16  board within nine months of the establishment of the loft board (or,  in
    17  the  case  of interim multiple dwellings referred to in subdivision four
    18  of section two hundred eighty-one of this article, within nine months of
    19  [the effective date of such subdivision four] July twenty-seventh, nine-
    20  teen hundred eighty-seven or in the case of interim  multiple  dwellings
    21  made  subject to this article by subdivision five of section two hundred
    22  eighty-one of this article, within nine months of the effective date  of
    23  such subdivision five, or, for units that became subject to this article

    24  pursuant  to  the  chapter  of  the  laws of two thousand thirteen which
    25  amended this paragraph, within nine months of the  promulgation  of  all
    26  necessary  rules and regulations pursuant to section two hundred eighty-
    27  two-a of this article, but shall not be considered, absent a  waiver  by
    28  the  loft  board, unless the owner has also filed an alteration applica-
    29  tion. In determination of any such hardship application, the loft  board
    30  may demand such information as it deems necessary. In approving any such
    31  hardship application, the loft board may fix reasonable terms and condi-
    32  tions for the vacating of residential occupancy.
    33    §  24.  Paragraph (vi) of subdivision 1 of section 284 of the multiple
    34  dwelling law, as amended by chapter 135 of the laws of 2010, is  amended
    35  to read as follows:

    36    (vi)  Notwithstanding  the provisions of paragraphs (i) through (v) of
    37  this subdivision the owner of an interim multiple dwelling made  subject
    38  to this article by subdivision five of section two hundred eighty-one of
    39  this article (A) shall file an alteration application within nine months
    40  from  the  effective date of the chapter of the laws of two thousand ten
    41  which amended this subparagraph, or, for units that  became  subject  to
    42  this  article  pursuant to the chapter of the laws of two thousand thir-
    43  teen which amended this paragraph, within nine months of  the  promulga-
    44  tion  of  all  necessary  rules  and regulations pursuant to section two
    45  hundred eighty-two-a of this article, and (B) shall take all  reasonable
    46  and  necessary  action  to  obtain  an approved alteration permit within

    47  twelve months from such  effective  date,  or,  for  units  that  became
    48  subject to this article pursuant to the chapter of the laws of two thou-
    49  sand  thirteen which amended this paragraph, within twelve months of the
    50  promulgation of all necessary rules and regulations pursuant to  section
    51  two  hundred eighty-two-a of this article, and (C) shall achieve compli-
    52  ance with the standards of safety and fire protection set forth in arti-
    53  cle seven-B of this chapter for the residential portions of the building
    54  within eighteen months from obtaining such alteration permit  [or  eigh-
    55  teen months from such effective date, whichever is later], and (D) shall
    56  take  all  reasonable  and  necessary  action to obtain a certificate of

        A. 3354                            19
 

     1  occupancy as a class A multiple dwelling for the residential portions of
     2  the building or structure within [thirty-six] thirty  months  from  such
     3  effective  date, or for units that became subject to this article pursu-
     4  ant  to  the  chapter of the laws of two thousand thirteen which amended
     5  this paragraph within thirty months of the promulgation of all necessary
     6  rules and regulations pursuant to section two  hundred  eighty-two-a  of
     7  this  article. The loft board may, upon good cause shown, and upon proof
     8  of compliance with the standards of safety and fire protection set forth
     9  in article seven-B of this chapter, twice extend the time of  compliance
    10  with  the  requirement  to obtain a residential certificate of occupancy
    11  for periods not to exceed twelve months each.

    12    § 25. Section 11-243 of the administrative code of  the  city  of  New
    13  York is amended by adding a new subdivision ee to read as follows:
    14    ee.  The department of housing preservation and development shall make
    15  information relating to the provisions of this section available on  the
    16  department's  website, and shall provide a contact phone number allowing
    17  tenants to determine benefits available pursuant to  this  section.  The
    18  department  shall  convene a task force that shall examine and report on
    19  methods to improve the transparency of the program established  pursuant
    20  to this section.
    21    §  26. Severability clause. If any clause, sentence, paragraph, subdi-
    22  vision, section or subpart of this act shall be adjudged by any court of

    23  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    24  impair,  or  invalidate  the remainder thereof, but shall be confined in
    25  its operation to the clause, sentence, paragraph,  subdivision,  section
    26  or  subpart  thereof  directly involved in the controversy in which such
    27  judgment shall have been rendered. It  is  hereby  declared  to  be  the
    28  intent  of the legislature that this act would have been enacted even if
    29  such invalid provisions had not been included herein.
    30    § 27. This act shall take effect immediately and shall  be  deemed  to
    31  have  been in full force and effect on and after June 1, 2012; provided,
    32  that:
    33    (a) sections one, two and three of this act shall be  deemed  to  have
    34  been in full force and effect on and after December 31, 2011;
    35    (b) the amendments made to section 489 of the real property tax law by

    36  section  three of this act shall not be deemed to change the eligibility
    37  for benefits, pursuant to such section and any local  law  or  ordinance
    38  providing  for benefits pursuant to such section, as a result of conver-
    39  sions, alterations or improvements completed before December 31, 2011;
    40    (c) the provisions of section fourteen of this act shall be deemed  to
    41  have been in full force and effect on and after December 31, 2007;
    42    (d)  the provisions of sections fifteen, sixteen and seventeen of this
    43  act shall be deemed to have been in full force and effect on  and  after
    44  December 28, 2010;
    45    (e)  with  respect to any application for a preliminary certificate of
    46  eligibility that is filed no later than June 24, 2012, or that is  filed
    47  for  a  project that was the subject of mortgage foreclosure proceedings
    48  or other lien enforcement litigation by a lender on or before  June  24,

    49  2012, such project shall be subject to that portion of the definition of
    50  "commence"  contained  in item (1) of clause (iv) of subparagraph (2) of
    51  paragraph (b) of subdivision (a) of section 6-09 of  title  twenty-eight
    52  of the rules of the city of New York;
    53    (f) sections eighteen, nineteen and twenty of this act shall be deemed
    54  to have been in full force and effect on and after June 1, 2011;
    55    (g) notwithstanding any inconsistent provision of this act, the amend-
    56  ment  to  subdivision 5 of section 281 of the multiple dwelling law made

        A. 3354                            20
 
     1  by section twenty-one of this act in relation to the  authority  of  the
     2  loft  board  to exempt categories or subcategories of units or buildings
     3  by rule from determinations of inherently  incompatible  uses  shall  be

     4  deemed  to  have been in force and effect on and after June 21, 2010 and
     5  to authorize rules of the loft board promulgated after  such  date  that
     6  make such exemptions; and
     7    (h)  sections  twenty-one,  twenty-two,  twenty-three  and twenty-four
     8  shall expire and be deemed repealed on June 30, 2015.
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