STATE OF NEW YORK
________________________________________________________________________
5768--A
2015-2016 Regular Sessions
IN SENATE
June 2, 2015
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Introduced by Sen. MARTINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Labor -- recommitted to
the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the labor law, in relation to applying the prevailing
wage laws to certain projects on privately owned property; and to
amend the real property tax law, in relation to extending certain
exemptions for new multiple dwellings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 220 of the labor law is amended by adding a new
2 subdivision 10 to read as follows:
3 10. Notwithstanding any law to the contrary, any project on privately
4 owned property which, in whole or part, (a) receives or benefits from an
5 exemption from real property taxation pursuant to section four hundred
6 twenty-one-a of the real property tax law, (b) involves more than fifty
7 dwelling units where less than fifty percent of the units are subject to
8 an agreement with a municipality, the state, the federal government or
9 any instrumentality thereof which restricts the occupancy of such units
10 to individuals or families, as tenants or purchasers, with a gross
11 household income at or below one hundred twenty-five percent of the area
12 median income, and (c) may involve the employment of laborers, workers
13 or mechanics, shall be considered public work for the purposes of this
14 article, and any contracts or subcontracts which may involve the employ-
15 ment of laborers, workers or mechanics shall be enforceable under this
16 article. For purposes of this section, "privately owned property" shall
17 mean property held pursuant to ownership or leasehold interest by a
18 non-governmental entity.
19 § 2. The opening paragraph of clause (A) of subparagraph (iv) of para-
20 graph (a) of subdivision 2 of section 421-a of the real property tax
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11392-02-6
S. 5768--A 2
1 law, as amended by section 63-a of part A of chapter 20 of the laws of
2 2015, is amended to read as follows:
3 Unless excluded by local law, in the city of New York, the benefits of
4 this subparagraph shall be available in the borough of Manhattan for new
5 multiple dwellings on tax lots now existing or hereafter created south
6 of or adjacent to either side of one hundred tenth street that commence
7 construction after July first, nineteen hundred ninety-two and on or
8 before December thirty-first, two thousand [fifteen] eighteen provided,
9 however, that such a multiple dwelling receives its first temporary or
10 permanent certificate of occupancy covering all residential areas on or
11 before December thirty-first, two thousand [nineteen] twenty, and solely
12 for purposes of determining whether this clause applies and notwith-
13 standing any local law to the contrary, "commence" shall mean the date
14 upon which excavation and construction of initial footings and founda-
15 tions lawfully begins in good faith or, for an eligible conversion, the
16 date upon which the actual construction of the conversion, alteration or
17 improvement of the pre-existing building or structure lawfully begins in
18 good faith, only if:
19 § 3. Subparagraph (ii) of paragraph (c) of subdivision 2 of section
20 421-a of the real property tax law, as amended by section 63-b of part A
21 of chapter 20 of the laws of 2015, is amended to read as follows:
22 (ii) construction is commenced after January first, nineteen hundred
23 seventy-five and on or before December thirty-first, two thousand
24 [fifteen] eighteen provided, however, that (A) such a multiple dwelling
25 receives its first temporary or permanent certificate of occupancy
26 covering all residential areas on or before December thirty-first, two
27 thousand [nineteen] twenty, (B) solely for purposes of determining
28 whether this subparagraph applies and notwithstanding any local law to
29 the contrary, "commence" shall mean the date upon which excavation and
30 construction of initial footings and foundations lawfully begins in good
31 faith or, for an eligible conversion, the date upon which the actual
32 construction of the conversion, alteration or improvement of the pre-ex-
33 isting building or structure lawfully begins in good faith, and (C) such
34 commencement period shall not apply to multiple dwellings eligible for
35 benefits under subparagraph (iv) of paragraph (a) of this subdivision;
36 § 4. This act shall take effect immediately.
