NY State Senate Bill 2013-S2320

Senate Bill S2320

Signed By Governor

2013-2014 Legislative Session

Relates to the exemption from taxation of alterations and improvements to multiple dwellings to eliminate fire and health hazards; repealer

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2013	signed chap.4
Jan 29, 2013	delivered to governor
Jan 28, 2013	returned to senate passed assembly ordered to third reading rules cal.19 substituted for a3354
Jan 24, 2013	referred to ways and means
Jan 23, 2013	delivered to assembly passed senate ordered to third reading cal.4
Jan 15, 2013	referred to rules

Votes

- Jan 23, 2013 - Floor Vote
  S2320
  
  56
  
  Aye
  
  7
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 23, 2013
      
      aye (56)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      nay (7)
      
      Diaz
      
      Espaillat
      
      Gipson
      
      Perkins
      
      Rivera
      
      Serrano
      
      Tkaczyk
  Jan 23, 2013 - Rules Committee Vote
  S2320
  
  20
  
  Aye
  
  2
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 23, 2013
      
      aye (20)
      
      Bonacic
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      nay (2)
      
      Espaillat
      
      Perkins
      
      aye wr (3)
      
      Breslin
      
      Krueger
      
      Montgomery

co-Sponsors

2013-S2320 (ACTIVE) - Details

See Assembly Version of this Bill:: A3354
Law Section:: Real Property Tax Law
Laws Affected:: Amd §§489, 467-a & 421-a, RPT L; amd §§11-1706 & 11-243, NYC Ad Cd; amd §§281, 286, 285 & 284, Mult Dwell L

2013-S2320 (ACTIVE) - Summary

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.

2013-S2320 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2320

TITLE OF BILL:  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 thereof

PURPOSE:  The purpose of this legislation is to continue to provide an
incentive to owners to rehabilitate and upgrade existing multiple
dwellings.  Additionally, this legislation would make various changes
to the Loft Law in order to provide clarifying language to allow for
easier interpretation and to adjust rental increases for compliance
with fire and safety standards. This legislation would also, amend the
Real Property Tax Law to incentivize the construction of new housing.
Additionally, the bill would amend a tax abatement for cooperatives
and condominiums to enhance the abatement for primary residents.
Finally, the bill would create an S-corp tax credit.

SUMMARY OF PROVISIONS:

This bill would:

* Extend from June 1, 2011, until January 1, 2015, the deadline for
local legislative action providing J-51 tax incentives for the
rehabilitation and upgrading of multiple dwellings, and extend the
completion date from December 31, 2011, to June 30, 2015;

* Define "substantial governmental assistance," and create an
eligibility criteria for alterations/improvements to cooperative and
condominium apartments with an assessed value of $30K to $40K that
requires such units to receive substantial governmental assistance;

* Provide that J-51 benefits would only be available for conversions
from commercial to residential properties receiving substantial
governmental assistance;

* Require that an applicant pay two times the actual costs for any
additional inspections if such applicant has not completed work
required on the date of the initial inspection;

* Provide in statute that the revocation of J-51 benefits does not
exempt any multiple dwelling, building, or structure from continued
compliance with the requirements of RPTL § 489 or of any local law or
ordinance providing for these benefits;

* Authorize the locality to require the electronic filing of
applications;


* Reduce the minimum space requirement needed to qualify as a loft
apartment from 550 square feet to 400 square feet;

* Adjust the exclusion of units in buildings that contain certain
hazardous activities to exclude those units that had hazardous
activities on June 21, 2010, that continue until the date of
submission for coverage under the Loft Law;

* Reduce the percent of rent increases allowed for coming into various
stages of compliance for fire and safety standards;

* Allow the Loft Board to include units under the loft law despite any
incompatible uses in the building;

* Incentivize the construction of affordable and market rate units in
areas of Manhattan through the 421-a benefit program;

* Eliminate language added in Chapter 97 of the Laws of 2011 intended
to allow extended periods of construction for certain projects
participating in the 421-a program;

* Require the Department of Housing Preservation and Development to
make information relating the J-51 program available on its website,
to provide a contact phone number for tenants to determine benefits
available through the J-51 program, and to convene a task force that
shall examine and report on methods to improve the transparency of
J-51;

* Amend the term "applicant" to permit the Commissioner of Finance to,
by rule, designate the owner of a dwelling unit as an applicant;

* Provide that in the fiscal year commencing in calendar years two
thousand twelve, two thousand thirteen or two thousand fourteen, no
more than a maximum of three dwelling units owned by any unit owner or
tenant stock-holder in a single building, one of which must be the
primary residence of such owner or tenant-stockholder, shall be
eligible to receive a partial abatement pursuant to paragraphs d-1
through d-4 of the section;

* Modify and extend the program for three additional years (for fiscal
years commencing in 2012, 2013 and 2014). Paragraphs d-1 through d-4
provide the benefit schedule for dwelling units that serve as the
primary residence of their unit owner and up to two additional units
located within the same property that are also owned by such owner.

* The benefits are as follows:

o In fiscal years commencing in 2012, 2013 and 2014, dwelling units in
property whose average unit assessed value is less than or equal to
$50,000 shall receive a partial abatement of 25%, 26.5% and 28.1%
respectively.

o In fiscal years commencing in 2012, 2013 and 2014, dwelling units in
property whose average unit assessed value is more than $50,000, but
less than or equal to $55,000, shall receive a partial abatement of
22.5%, 23.8% and 25.2% respectively.


o In fiscal years commencing in 2012, 2013 and 2014, dwelling units in
property whose average unit assessed value is more than $55,000, but
less than or equal to $60,000, shall receive a partial abatement of
20.0%, 21.2% and 22.5% respectively.

o In fiscal years commencing in 2012, 2013 and 2014, dwelling units in
property whose average unit assessed value is more than $60,000, shall
receive a partial abatement of 17.5%.

* Provide the benefit schedule for units that received the abatement
in fiscal year two thousand twelve, which are located in a property
that does not contain a unit that is the primary residence of the
owner of such units. The benefits are as follows:

o In fiscal years commencing in 2012, 2013 and 2014, dwelling units in
property whose average unit assessed value is less than or equal to
$15,000 shall receive a partial abatement of 12.5%, 6.25% and no
abatement respectively.

o In fiscal years commencing in 2012, 2013 and 2014, dwelling units in
property whose average unit assessed value is greater than $15,000
shall receive a partial abatement of 8.75%, 4.375% and no abatement
respectively.

* Adjust how the condominium and cooperative abatement is calculated;

* Amend the application process for the condominium and cooperative
abatement program;

* Provide for S-Corporation tax credits against the NYC local PIT for
city residents for taxable years beginning on or after January 1, 2014
and before July 1, 2015. Benefits would be provided to S-Corporations
with city taxable incomes of less than one hundred thousand dollars;

* Authorize the Commissioner to promulgate rules to include denial,
termination or revocation of any abatement if the dwelling unit real
property taxes, water and sewer charges, payments in lieu of taxes or
other municipal charges are due and owing unless they are currently
being paid in timely installments pursuant to a written agreement with
New York City; and

* Authorize the Commissioner of Finance to prepare and submit amended
tax bills to taxpayers to reflect any adjustments necessary to apply
the abatement.

JUSTIFICATION:  The J-51 benefit program provides incentives for
landlords to engage in rehabilitation projects to make improvements.
Benefits for the program vary depending on the location of the
building and the type of improvements to be made. This legislation
would make several changes to the program such as provide that J-51
benefits would only be available for conversions from nonresidential
to residential properties receiving substantial governmental
assistance. This would ensure that some of the housing contained in
these projects remains affordable to low and moderate income families.
Also, the bill would create a penalty that encourages owners to
complete their J-51 improvements in a timely and correct manner.


This amendment to the Loft Law is necessary to clarify ambiguities in
the law to more accurately represent the intent and to update the
language to reflect the current rental market. Under current law,
landlords are allowed to raise rents in excess of twenty percent as
incentives to convert the units and bring them into compliance with
current fire and safety standards. These rent increases were
appropriate when the original Loft Law of 1982 was first passed when
loft residents were paying well under market rate. Today, these rent
increases are overly burdensome, unaffordable and threaten to displace
tenants. Furthermore, the bill would bring a greater number of units
that are not in compliance with current fire and safety standards and
are occupied for residential purposes into compliance with the
existing law.

Incentivizing residential construction projects will have the
immediate beneficial effect of creating new housing stock, and
stimulating the economy through job creation and development. By
extending the 421-a program to projects in the FAR 15 zones, this
legislation would stimulate the creation of much needed new affordable
and market rate housing. In order to participate in the program
developers would need to provide on-site affordable housing or provide
funding to New York City's Department of Housing Preservation and
Development for the construction of affordable housing. The bill also
makes technical changes to remove unnecessary language which was added
as the result of last year's amendments to the 421-a real property tax
exemption program.

Since 1996, the City of New York has offered, with New York State
authorization, a partial property tax abatement program for co-op and
condo owners. The program was established to address inequities in the
real property tax system in New York City that burden owners of co-op
and condominium units with larger tax bills than the owners of
comparably valued one-, two and three-family homes. The original
intent of the program was to ensure equity to those co-op and condo
owners who primarily reside in New York City. However, a significant
number of current beneficiaries are not owner-occupants but investors
who were not the intended recipients. This bill extends the program
for three additional years, provides additional benefit by enriching
the abatement for lower-valued properties, and restores the original
intent of the program by phasing out the benefit for non-primary
residents.

LEGISLATIVE HISTORY: New legislation

FISCAL IMPLICATIONS: None to the State

EFFECTIVE DATE:

This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after June 1, 2012; provided
that:

(a) sections one, two and three of this act shall be deemed to have
been in full force and effect on and after December 31, 2011;

(b) the amendments made to section 489 of the real property tax law by
section three of this act shall not be deemed to change the


eligibility for benefits, pursuant to such section and any local law
or ordinance providing for benefits pursuant to such section, as a
result of conversions, alterations or improvements completed before
December 31, 2011;

(c) the provisions of section fourteen of this act shall be deemed to
have been in full force and effect on and after December 31, 2007;

(d) the provisions of sections fifteen, sixteen and seventeen of this
act shall be deemed to have been in full force and effect on and after
December 28, 2010;

(e) with respect to any application for a preliminary certificate of
eligibility that is filed no later than June 24, 2012, or that is
filed for a project that was the subject of mortgage foreclosure
proceedings or other lien enforcement litigation by a lender on or
before June 24, 2012, such project shall be subject to that portion of
the definition of "commence" contained in item (1) of clause (iv) of
subparagraph (2) of paragraph (b) of subdivision (a) of section 6-09
of title twenty-eight of the rules of the city of New York;

(f) sections eighteen, nineteen and twenty of this act shall be deemed
to have been in full force and effect on and after June 1, 2011;

(g) notwithstanding any inconsistent provision of this act, the
amendment to subdivision 5 of section 281 of the multiple dwelling law
made by section twenty-one of this act in relation to the authority of
the loft board to exempt categories or subcategories of units or
buildings by rule from determinations of inherently incompatible uses
shall be deemed to have been in force and effect on and after June 21,
2010 and to authorize rules of the loft board promulgated after such
date that make such exemptions; and

(h) sections twenty-one, twenty-two, twenty-three and twenty-four
shall expire and be deemed repealed on June 30, 2015.

2013-S2320 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2320

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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:

  Section  1. The opening paragraph of paragraph (a) of subdivision 1 of
section 489 of the real property tax law, as amended by chapter  244  of
the laws of 2006, is amended to read as follows:
  Any  city  to  which  the  multiple dwelling law is applicable, acting
through its local legislative body or other governing agency, is  hereby
authorized  and  empowered,  to  and including [June] JANUARY first, two
thousand [eleven] FIFTEEN, to adopt and amend local laws  or  ordinances
providing that any increase in assessed valuation of real property shall
be  exempt  from taxation for local purposes, as provided herein, to the
extent such increase results from:
  S 2. The closing paragraph of  subparagraph  6  of  paragraph  (a)  of
subdivision 1 of section 489 of the real property tax law, as amended by
chapter 244 of the laws of 2006, is amended to read as follows:
  Such conversion, alterations or improvements shall be completed within
[thirty-six] THIRTY months after the date on which same shall be started

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06204-04-3

S. 2320                             2

except that such [thirty-six] THIRTY month limitation shall not apply to
conversions  of  residential  units  which  are registered with the loft
board in accordance with article seven-C of the  multiple  dwelling  law
pursuant  to  subparagraph  one  of  this paragraph. Notwithstanding the
foregoing, a sixty month period for completion shall  be  available  for
alterations  or  improvements  undertaken  by a housing development fund
company organized pursuant to article  eleven  of  the  private  housing
finance  law,  which  are carried out with the substantial assistance of
grants, loans or subsidies from any federal, state or local governmental
agency or instrumentality or which are carried out in a property  trans-
ferred  from  such  city  if  alterations and improvements are completed
within seven years after the date of transfer. In  addition,  the  local
housing  agency  is hereby empowered to grant an extension of the period
of completion for any project carried out with the  substantial  assist-
ance  of  grants,  loans  or  subsidies from any federal, state or local
governmental agency or instrumentality, if such alterations or  improve-
ments   are   completed   within   sixty  months  from  commencement  of
construction. Provided, further, that such  conversion,  alterations  or
improvements  shall in any event be completed prior to [December thirty-
first] JUNE THIRTIETH, two thousand [eleven]  FIFTEEN.    Exemption  for
conversions,  alterations  or improvements pursuant to subparagraph one,
two, three or four of this paragraph shall continue for a period not  to
exceed  fourteen  years and begin no sooner than the first quarterly tax
bill immediately following the completion  of  such  conversion,  alter-
ations or improvements. Exemption for alterations or improvements pursu-
ant  to  this  subparagraph or subparagraph five of this paragraph shall
continue for a period not to exceed thirty-four years and shall begin no
sooner than the first  quarterly  tax  bill  immediately  following  the
completion  of such alterations or improvements. Such exemption shall be
equal to the increase in the valuation which is subject to exemption  in
full  or  proportionally under this subdivision for ten or thirty years,
whichever is applicable. After such period of time, the amount  of  such
exempted  assessed  valuation  of  such improvements shall be reduced by
twenty percent in each succeeding year until the assessed value  of  the
improvements  are  fully taxable.   Provided, however, exemption for any
conversion, alterations or improvements which are aided  by  a  loan  or
grant  under  article eight, eight-A, eleven, twelve, fifteen or twenty-
two of the private housing finance law, section six hundred ninety-six-a
or section ninety-nine-h of the general municipal law, or section  three
hundred  twelve  of  the  housing act of nineteen hundred sixty-four (42
U.S.C.A. 1452b), or the Cranston-Gonzalez  national  affordable  housing
act (42 U.S.C.A. 12701 et.  seq.), or started after July first, nineteen
hundred  eighty-three  by  a  housing development fund company organized
pursuant to article eleven of the private housing finance law which  are
carried  out  with the substantial assistance of grants, loans or subsi-
dies from any federal, state or local governmental agency or  instrumen-
tality  or which are carried out in a property transferred from any city
and where alterations and improvements are completed within seven  years
after  the  date  of  transfer  may commence at the beginning of any tax
quarter subsequent to the  start  of  such  conversion,  alterations  or
improvements and prior to the completion of such conversion, alterations
or improvements.
  S  3.  Section  489  of the real property tax law is amended by adding
four new subdivisions 17, 18, 19 and 20 to read as follows:
  17.  (A) FOR PURPOSES OF THIS SUBDIVISION,  "SUBSTANTIAL  GOVERNMENTAL
ASSISTANCE" SHALL MEAN:

S. 2320                             3

  (I) GRANTS, LOANS OR SUBSIDIES FROM ANY FEDERAL, STATE OR LOCAL AGENCY
OR  INSTRUMENTALITY  IN  FURTHERANCE OF A PROGRAM FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING APPROVED BY  THE  LOCAL  HOUSING  AGENCY,  INCLUDING,
WITHOUT  LIMITATION, FINANCING OR INSURANCE PROVIDED BY THE STATE OF NEW
YORK MORTGAGE AGENCY OF THE NEW YORK CITY RESIDENTIAL MORTGAGE INSURANCE
CORPORATION; OR
  (II)  A  WRITTEN  AGREEMENT  BETWEEN A HOUSING DEVELOPMENT FUND CORPO-
RATION AND THE LOCAL HOUSING AGENCY  LIMITING  THE  INCOMES  OF  PERSONS
ENTITLED TO PURCHASE SHARES OR RENT HOUSING ACCOMMODATIONS THEREIN.
  (B) ANY LOCAL LAW OR ORDINANCE PROVIDING FOR BENEFITS PURSUANT TO THIS
SECTION  MUST  ALSO  PROVIDE  THE FOLLOWING WITH RESPECT TO CONVERSIONS,
ALTERATIONS OR IMPROVEMENTS COMPLETED ON OR AFTER DECEMBER THIRTY-FIRST,
TWO THOUSAND ELEVEN:
  (I) EXCEPT AS OTHERWISE PROVIDED  IN  THIS  SECTION  WITH  RESPECT  TO
MULTIPLE  DWELLINGS,  BUILDINGS AND STRUCTURES OWNED AND OPERATED EITHER
BY LIMITED-PROFIT HOUSING COMPANIES ESTABLISHED PURSUANT TO ARTICLE  TWO
OF  THE  PRIVATE  HOUSING  FINANCE LAW OR REDEVELOPMENT COMPANIES ESTAB-
LISHED PURSUANT TO ARTICLE FIVE OF THE PRIVATE HOUSING FINANCE  LAW,  OR
WITH  RESPECT  TO  A GROUP OF MULTIPLE DWELLINGS THAT WAS DEVELOPED AS A
PLANNED COMMUNITY  AND  THAT  IS  OWNED  AS  TWO  SEPARATE  CONDOMINIUMS
CONTAINING  A TOTAL OF TEN THOUSAND OR MORE DWELLING UNITS, ANY MULTIPLE
DWELLING, BUILDING OR STRUCTURE THAT IS OWNED  AS  A  COOPERATIVE  OR  A
CONDOMINIUM  THAT  HAS  AN  AVERAGE  ASSESSED  VALUE  OF THIRTY THOUSAND
DOLLARS OR MORE PER DWELLING UNIT SHALL ONLY BE ELIGIBLE FOR SUCH  BENE-
FITS  IF  THE ALTERATIONS OR IMPROVEMENTS FOR WHICH SUCH MULTIPLE DWELL-
ING, BUILDING OR STRUCTURE HAS APPLIED FOR THE BENEFITS PURSUANT TO THIS
SECTION WERE CARRIED OUT WITH SUBSTANTIAL GOVERNMENTAL ASSISTANCE; AND
  (II) NO BENEFITS PURSUANT TO THIS SECTION SHALL  BE  GRANTED  FOR  THE
CONVERSION  OF  ANY NON-RESIDENTIAL BUILDING OR STRUCTURE INTO A CLASS A
MULTIPLE DWELLING UNLESS SUCH CONVERSION WAS CARRIED OUT  WITH  SUBSTAN-
TIAL GOVERNMENTAL ASSISTANCE.
  18. ANY LOCAL LAW OR ORDINANCE PROVIDING FOR BENEFITS PURSUANT TO THIS
SECTION  MUST  ALSO PROVIDE, WITH RESPECT TO CONVERSIONS, ALTERATIONS OR
IMPROVEMENTS FOR WHICH APPLICATION WAS MADE AFTER THE EFFECTIVE DATE  OF
THIS  SUBDIVISION, THAT IF SUCH CONVERSIONS, ALTERATIONS OR IMPROVEMENTS
ARE NOT COMPLETED ON THE DATE  UPON  WHICH  SUCH  LOCAL  HOUSING  AGENCY
INSPECTS  THE ITEMS OF WORK CLAIMED IN SUCH APPLICATION, THE LOCAL HOUS-
ING AGENCY SHALL REQUIRE THE APPLICANT TO PAY TWO TIMES THE ACTUAL  COST
FOR  ANY  ADDITIONAL INSPECTIONS NEEDED TO VERIFY THE COMPLETION OF SUCH
CONVERSION, ALTERATION OR IMPROVEMENT.
  19. THE REVOCATION OF  BENEFITS  GRANTED  TO  ANY  MULTIPLE  DWELLING,
BUILDING  OR  STRUCTURE  PURSUANT  TO  THIS SECTION SHALL NOT EXEMPT ANY
DWELLING UNIT THEREIN FROM CONTINUED COMPLIANCE WITH THE REQUIREMENTS OF
THIS SECTION OR OF ANY LOCAL LAW OR  ORDINANCE  PROVIDING  FOR  BENEFITS
PURSUANT TO THIS SECTION.
  20.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
LAW OR ANY LOCAL ORDINANCE  PROVIDING  FOR  BENEFITS  PURSUANT  TO  THIS
SECTION  THE  DEPARTMENT MAY REQUIRE THAT THE APPLICATIONS FOR EXEMPTION
OR ABATEMENT UNDER THIS SECTION THAT ARE FILED ON OR AFTER A DATE SPECI-
FIED IN SUCH LOCAL LAW OR ORDINANCE BE FILED ELECTRONICALLY.
  S 4. Paragraph (a) of subdivision 1 of section 467-a of the real prop-
erty tax law, as added by chapter 273 of the laws of 1996, is amended to
read as follows:
  (a) "Applicant" means the board of managers of a  condominium  or  the
board  of  directors  of  a  cooperative apartment corporation, PROVIDED

S. 2320                             4

THAT, IN ADDITION, THE COMMISSIONER OF FINANCE MAY BY RULE DESIGNATE THE
OWNER OF A DWELLING UNIT AS AN APPLICANT.
  S  5.  Paragraphs (a) and (b) of subdivision 2 of section 467-a of the
real property tax law, as added by chapter 273 of the laws of 1996,  are
amended to read as follows:
  (a)  In  a  city  having a population of one million or more, dwelling
units owned by unit owners who, as  of  the  applicable  taxable  status
date,  own no more than three dwelling units in any one property held in
the condominium form of  ownership,  shall  be  eligible  to  receive  a
partial abatement of real property taxes, as set forth in paragraphs (c)
[and], (d), (D-1), (D-2), (D-3), (D-4), (D-5) AND (D-6) of this subdivi-
sion; provided, however, that a property held in the condominium form of
ownership  that  is  receiving  complete  or  partial  real property tax
exemption or tax abatement pursuant to any other provision of this chap-
ter or any other state or local law, except as provided in paragraph (f)
of this subdivision, shall not be eligible to receive a  partial  abate-
ment  pursuant  to  this  section;  and provided, further, that sponsors
shall not be eligible to receive a partial abatement  pursuant  to  this
section;  AND  PROVIDED,  FURTHER, THAT IN THE FISCAL YEAR COMMENCING IN
CALENDAR YEARS TWO THOUSAND TWELVE, TWO THOUSAND THIRTEEN, OR TWO  THOU-
SAND  FOURTEEN  NO  MORE THAN A MAXIMUM OF THREE DWELLING UNITS OWNED BY
ANY UNIT OWNER IN A SINGLE BUILDING, ONE OF WHICH MUST  BE  THE  PRIMARY
RESIDENCE  OF  SUCH  UNIT  OWNER, SHALL BE ELIGIBLE TO RECEIVE A PARTIAL
ABATEMENT PURSUANT TO PARAGRAPHS (D-1), (D-2), (D-3) AND (D-4)  OF  THIS
SECTION.
  (b)  In  a  city  having a population of one million or more, dwelling
units owned by tenant-stockholders who, as  of  the  applicable  taxable
status  date,  own no more than three dwelling units in any one property
held in the cooperative form of ownership, shall be eligible to  receive
a  partial  abatement of real property taxes, as set forth in paragraphs
(c) [and], (d), (D-1), (D-2), (D-3), (D-4),  (D-5)  AND  (D-6)  of  this
subdivision;  provided, however, that a property held in the cooperative
form of ownership that is receiving complete or  partial  real  property
tax  exemption  or tax abatement pursuant to any other provision of this
chapter or any other state or local law, except as provided in paragraph
(f) of this subdivision, shall not be  eligible  to  receive  a  partial
abatement pursuant to this section; and provided, further, that sponsors
shall  not  be  eligible to receive a partial abatement pursuant to this
section; AND PROVIDED, FURTHER, THAT IN THE FISCAL  YEAR  COMMENCING  IN
CALENDAR  YEARS  TWO THOUSAND TWELVE, TWO THOUSAND THIRTEEN OR TWO THOU-
SAND FOURTEEN NO MORE THAN A MAXIMUM OF THREE DWELLING  UNITS  OWNED  BY
ANY  TENANT-STOCKHOLDER  IN  A SINGLE BUILDING, ONE OF WHICH MUST BE THE
PRIMARY RESIDENCE OF  SUCH  TENANT-STOCKHOLDER,  SHALL  BE  ELIGIBLE  TO
RECEIVE  A  PARTIAL ABATEMENT PURSUANT TO PARAGRAPHS (D-1), (D-2), (D-3)
AND (D-4) OF THIS SECTION.   For purposes of  this  section,  a  tenant-
stockholder  of  a  cooperative apartment corporation shall be deemed to
own the dwelling unit which is represented by his or her shares of stock
in such corporation. Any abatement so granted shall be credited  by  the
appropriate  taxing  authority  against the tax due on the property as a
whole. The reduction in real property taxes received  thereby  shall  be
credited  by the cooperative apartment corporation against the amount of
such taxes attributable to  eligible  dwelling  units  at  the  time  of
receipt.
  S 6. Intentionally omitted.

S. 2320                             5

  S  7.  Subdivision  2 of section 467-a of the real property tax law is
amended by adding six new paragraphs (d-1), (d-2), (d-3),  (d-4),  (d-5)
and (d-6) to read as follows:
  (D-1)  IN  THE  FISCAL  YEARS COMMENCING IN CALENDAR YEAR TWO THOUSAND
TWELVE, TWO THOUSAND THIRTEEN AND TWO THOUSAND FOURTEEN, ELIGIBLE DWELL-
ING UNITS IN PROPERTY WHOSE AVERAGE UNIT ASSESSED VALUE IS LESS THAN  OR
EQUAL TO FIFTY THOUSAND DOLLARS SHALL RECEIVE A PARTIAL ABATEMENT OF THE
REAL  PROPERTY  TAXES  ATTRIBUTABLE  TO OR DUE ON SUCH DWELLING UNITS OF
TWENTY-FIVE PERCENT, TWENTY-SIX AND ONE-HALF  PERCENT  AND  TWENTY-EIGHT
AND ONE-TENTH PERCENT RESPECTIVELY.
  (D-2)  IN  THE  FISCAL  YEARS COMMENCING IN CALENDAR YEAR TWO THOUSAND
TWELVE, TWO THOUSAND THIRTEEN AND TWO THOUSAND FOURTEEN, ELIGIBLE DWELL-
ING UNITS IN PROPERTY WHOSE AVERAGE UNIT ASSESSED  VALUE  IS  MORE  THAN
FIFTY  THOUSAND  DOLLARS,  BUT LESS THAN OR EQUAL TO FIFTY-FIVE THOUSAND
DOLLARS, SHALL RECEIVE A PARTIAL ABATEMENT OF THE  REAL  PROPERTY  TAXES
ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF TWENTY-TWO AND ONE-HALF
PERCENT,  TWENTY-THREE AND EIGHT-TENTHS PERCENT AND TWENTY-FIVE AND TWO-
TENTHS PERCENT RESPECTIVELY.
  (D-3) IN THE FISCAL YEARS COMMENCING IN  CALENDAR  YEAR  TWO  THOUSAND
TWELVE, TWO THOUSAND THIRTEEN AND TWO THOUSAND FOURTEEN, ELIGIBLE DWELL-
ING  UNITS  IN  PROPERTY  WHOSE AVERAGE UNIT ASSESSED VALUE IS MORE THAN
FIFTY-FIVE THOUSAND DOLLARS, BUT LESS THAN OR EQUAL  TO  SIXTY  THOUSAND
DOLLARS,  SHALL  RECEIVE  A PARTIAL ABATEMENT OF THE REAL PROPERTY TAXES
ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF TWENTY  PERCENT,  TWEN-
TY-ONE  AND  TWO-TENTHS  PERCENT, AND TWENTY-TWO AND FIVE-TENTHS PERCENT
RESPECTIVELY.
  (D-4) IN THE FISCAL YEARS COMMENCING IN  CALENDAR  YEAR  TWO  THOUSAND
TWELVE, TWO THOUSAND THIRTEEN AND TWO THOUSAND FOURTEEN, ELIGIBLE DWELL-
ING  UNITS  IN  PROPERTY  WHOSE AVERAGE UNIT ASSESSED VALUE IS MORE THAN
SIXTY THOUSAND DOLLARS SHALL RECEIVE A PARTIAL  ABATEMENT  OF  THE  REAL
PROPERTY  TAXES  ATTRIBUTABLE TO OR DUE ON SUCH DWELLING UNITS OF SEVEN-
TEEN AND ONE-HALF PERCENT.
  (D-5) IN THE FISCAL YEARS COMMENCING IN  CALENDAR  YEAR  TWO  THOUSAND
TWELVE AND TWO THOUSAND THIRTEEN, DWELLING UNITS THAT RECEIVED AN ABATE-
MENT  PURSUANT TO THIS SECTION IN THE FISCAL YEAR COMMENCING IN CALENDAR
YEAR TWO THOUSAND ELEVEN, AND THAT ARE NOT ELIGIBLE TO RECEIVE  BENEFITS
UNDER  PARAGRAPH  (D-1),  (D-2), (D-3), OR (D-4) OF THIS SUBDIVISION AND
THAT ARE LOCATED IN A PROPERTY THAT HAS AN AVERAGE UNIT  ASSESSED  VALUE
THAT  IS  LESS THAN OR EQUAL TO FIFTEEN THOUSAND DOLLARS SHALL RECEIVE A
PARTIAL ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE TO OR  DUE  ON
SUCH  DWELLING UNITS OF TWELVE AND ONE HALF PERCENT, AND SIX AND TWENTY-
FIVE HUNDREDTHS PERCENT RESPECTIVELY.  PROVIDED, HOWEVER, THAT  NO  SUCH
ABATEMENT  SHALL  BE  ALLOWED FOR ANY FISCAL YEAR COMMENCING IN CALENDAR
YEAR TWO THOUSAND FOURTEEN OR LATER.
  (D-6) IN THE FISCAL YEARS COMMENCING IN  CALENDAR  YEAR  TWO  THOUSAND
TWELVE AND TWO THOUSAND THIRTEEN, DWELLING UNITS THAT RECEIVED AN ABATE-
MENT  PURSUANT TO THIS SECTION IN THE FISCAL YEAR COMMENCING IN CALENDAR
YEAR TWO THOUSAND ELEVEN, AND THAT ARE NOT ELIGIBLE TO RECEIVE  BENEFITS
UNDER  PARAGRAPH  (D-1),  (D-2), (D-3), OR (D-4) OF THIS SUBDIVISION AND
THAT ARE LOCATED IN A PROPERTY THAT HAS AN AVERAGE UNIT  ASSESSED  VALUE
THAT  IS  GREATER  THAN FIFTEEN THOUSAND DOLLARS SHALL RECEIVE A PARTIAL
ABATEMENT OF THE REAL PROPERTY TAXES ATTRIBUTABLE  TO  OR  DUE  ON  SUCH
DWELLING  UNITS  OF  EIGHT AND SEVENTY-FIVE HUNDREDTHS PERCENT, AND FOUR
AND  THREE  HUNDRED  SEVENTY-FIVE  THOUSANDTHS   PERCENT   RESPECTIVELY.
PROVIDED,  HOWEVER,  THAT  NO  SUCH  ABATEMENT SHALL BE ALLOWED, FOR ANY
FISCAL YEAR IN CALENDAR YEAR TWO THOUSAND FOURTEEN OR LATER.

S. 2320                             6

  S 8. Paragraph (e) of subdivision 2 of section 467-a of the real prop-
erty tax law, as added by chapter 273 of the laws of 1996, is amended to
read as follows:
  (e)  Partial  abatement  pursuant to paragraphs (c) [and], (d), (D-1),
(D-2), (D-3), (D-4), (D-5)  AND  (D-6)  of  this  subdivision  shall  be
computed on the net real property taxes attributable to or due on eligi-
ble  dwelling  units  after deduction for any exemption on such dwelling
units received pursuant to any section listed in paragraph (f)  of  this
subdivision and after deduction of the portion of any abatement received
pursuant  to  section  four  hundred eighty-nine of this article that is
attributable to a dwelling unit in property held in the cooperative form
of ownership and after deduction of any abatement received  pursuant  to
section  four  hundred eighty-nine of this article by a dwelling unit in
property held in the condominium form of ownership.
  S 9. Paragraphs (a), (b) and (c) of subdivision 3 of section 467-a  of
the  real property tax law, paragraphs (a) and (c) as amended by chapter
109 of the laws of 2008 and paragraph (b) as amended  by  section  6  of
part  LL  of  chapter  407  of  the laws of 1999, are amended to read as
follows:
  (a) An application for an abatement pursuant to this section  for  the
fiscal  year  commencing  in  calendar  year nineteen hundred ninety-six
shall be made no later than the fifteenth  day  of  September,  nineteen
hundred  ninety-six.  An  application  for an abatement pursuant to this
section for the fiscal year commencing in calendar year nineteen hundred
ninety-seven shall be made no later than the first day of  April,  nine-
teen  hundred  ninety-seven. An application for an abatement pursuant to
this section for the fiscal year commencing in  calendar  year  nineteen
hundred ninety-eight shall be made no later than the first day of April,
nineteen  hundred ninety-eight. An application for an abatement pursuant
to this section for the fiscal year commencing in calendar year nineteen
hundred ninety-nine shall be made in accordance  with  this  subdivision
and subdivision three-a of this section. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two  thousand shall be made no later than the fifteenth day of February,
two thousand. An application for an abatement pursuant to  this  section
for  the  fiscal year commencing in calendar year two thousand one shall
be made in accordance with this subdivision and subdivision  three-b  of
this  section.  An application for an abatement pursuant to this section
for the fiscal year commencing in calendar year two thousand  two  shall
be  made  no later than the fifteenth day of February, two thousand two.
An application for an abatement pursuant to this section for the  fiscal
year  commencing  in  calendar  year two thousand three shall be made no
later than the fifteenth day of February, two thousand three. An  appli-
cation  for  an  abatement  pursuant to this section for the fiscal year
commencing in calendar year two thousand four shall be made  in  accord-
ance  with  this subdivision and subdivision three-c of this section. An
application for an abatement pursuant to this  section  for  the  fiscal
year  commencing  in  calendar  year  two thousand five shall be made no
later than the fifteenth day of February, two thousand five. An applica-
tion for an abatement pursuant to  this  section  for  the  fiscal  year
commencing in calendar year two thousand six shall be made no later than
the  fifteenth  day of February, two thousand six. An application for an
abatement pursuant to this section for the  fiscal  year  commencing  in
calendar  year  two  thousand  seven  shall  be  made  no later than the
fifteenth day of February, two thousand seven. An application for abate-
ment pursuant to this section for the fiscal year commencing in calendar

S. 2320                             7

year two thousand eight shall be made in accordance with  this  subdivi-
sion  and  subdivision  three-d  of  this section. An application for an
abatement pursuant to this section for the  fiscal  year  commencing  in
calendar  year  two  thousand  nine  shall  be  made  no  later than the
fifteenth day of February, two thousand  nine.  An  application  for  an
abatement  pursuant  to  this  section for the fiscal year commencing in
calendar year two thousand ten shall be made no later than the fifteenth
day of February, two thousand  ten.  An  application  for  an  abatement
pursuant to this section for the fiscal year commencing in calendar year
two  thousand  eleven  shall  be made no later than the fifteenth day of
February, two thousand eleven.  AN APPLICATION FOR AN ABATEMENT PURSUANT
TO THIS SECTION FOR THE FISCAL YEARS COMMENCING IN  CALENDAR  YEARS  TWO
THOUSAND  TWELVE  AND  TWO THOUSAND THIRTEEN SHALL BE MADE IN ACCORDANCE
WITH SUBDIVISION THREE-E OF THIS SECTION. THE DATE  OR  DATES  BY  WHICH
APPLICATIONS FOR AN ABATEMENT PURSUANT TO THIS SECTION SHALL BE MADE FOR
THE  FISCAL  YEAR BEGINNING IN CALENDAR YEAR TWO THOUSAND FOURTEEN SHALL
BE ESTABLISHED BY THE COMMISSIONER OF FINANCE  BY  RULE,  PROVIDED  THAT
SUCH DATE OR DATES SHALL NOT BE LATER THAN THE FIFTEENTH DAY OF FEBRUARY
FOR SUCH CALENDAR YEAR.
  (b)  An application for an abatement pursuant to this section shall be
submitted to the commissioner of finance by the board of managers  of  a
condominium  or the board of directors of a cooperative apartment corpo-
ration, PROVIDED THAT THE COMMISSIONER OF FINANCE MAY  BY  RULE  REQUIRE
THE  OWNER  OF  A  DWELLING  UNIT TO SUBMIT AN APPLICATION TO SUPPLEMENT
INFORMATION CONTAINED IN THE  APPLICATION  SUBMITTED  BY  THE  BOARD  OF
MANAGERS  OF  A  CONDOMINIUM  OR THE BOARD OF DIRECTORS OF A COOPERATIVE
APARTMENT CORPORATION AND MAY BY RULE APPLY AND ADJUST, AS  APPROPRIATE,
ANY  PROVISIONS OF THIS SECTION THAT RELATE TO APPLICATIONS SUBMITTED BY
SUCH BOARDS TO APPLICATIONS SUBMITTED BY SUCH OWNERS.
  (c) No abatement pursuant to this section shall be granted unless  the
applicant  files an application for an abatement within the time periods
prescribed in paragraph (a) of this subdivision or subdivision  three-a,
three-b,  three-c  [or],  three-d  OR THREE-E of this section, provided,
however, that the commissioner of finance may,  for  good  cause  shown,
extend the time for filing an application.
  S  10. Section 467-a of the real property tax law is amended by adding
a new subdivision 3-e to read as follows:
  3-E. (A) AN APPLICANT WHOSE PROPERTY  DID  NOT  RECEIVE  AN  ABATEMENT
PURSUANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR
TWO  THOUSAND ELEVEN SHALL SUBMIT AN APPLICATION FOR AN ABATEMENT PURSU-
ANT TO THIS SECTION FOR THE FISCAL YEARS COMMENCING  IN  CALENDAR  YEARS
TWO  THOUSAND  TWELVE AND TWO THOUSAND THIRTEEN IN ACCORDANCE WITH PARA-
GRAPH (E) OF THIS SUBDIVISION.
  (B) THE ABATEMENT FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR  TWO
THOUSAND  TWELVE OF A COOPERATIVE APARTMENT CORPORATION THAT RECEIVED AN
ABATEMENT PURSUANT TO THIS SECTION FOR THE  FISCAL  YEAR  COMMENCING  IN
CALENDAR  YEAR  TWO  THOUSAND  ELEVEN  AND THAT SUBMITTED AN INFORMATION
RETURN ON OR  BEFORE  FEBRUARY  FIFTEENTH,  TWO  THOUSAND  TWELVE,  THAT
INCLUDED  AN  ELECTION  BY  THE  BOARD  OF DIRECTORS OF SUCH COOPERATIVE
APARTMENT CORPORATION THAT SUCH INFORMATION RETURN BE DEEMED AN APPLICA-
TION FOR AN ABATEMENT PURSUANT TO THIS SECTION  FOR  SUCH  FISCAL  YEAR,
SHALL BE BASED ON THE INFORMATION CONTAINED IN SUCH INFORMATION RETURN.
  (C)  THE ABATEMENT FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO
THOUSAND TWELVE OF A COOPERATIVE APARTMENT CORPORATION THAT RECEIVED  AN
ABATEMENT  PURSUANT  TO  THIS  SECTION FOR THE FISCAL YEAR COMMENCING IN
CALENDAR YEAR TWO THOUSAND ELEVEN  AND  THAT  SUBMITTED  AN  INFORMATION

S. 2320                             8

RETURN  ON  OR  BEFORE FEBRUARY FIFTEENTH, TWO THOUSAND TWELVE, THAT DID
NOT INCLUDE AN ELECTION BY THE BOARD OF DIRECTORS  OF  SUCH  COOPERATIVE
APARTMENT CORPORATION THAT SUCH INFORMATION RETURN BE DEEMED AN APPLICA-
TION  FOR  AN  ABATEMENT  PURSUANT TO THIS SECTION FOR SUCH FISCAL YEAR,
SHALL BE BASED ON THE INFORMATION CONTAINED IN THE APPLICATION SUBMITTED
IN TWO THOUSAND ELEVEN OR ON THE INFORMATION CONTAINED IN SUCH  INFORMA-
TION  RETURN,  OR  BOTH,  PROVIDED  THAT NOTHING IN THIS PARAGRAPH SHALL
AUTHORIZE OR REQUIRE THE COMMISSIONER OF FINANCE TO GRANT  AN  ABATEMENT
WITH RESPECT TO A PROPERTY OR A DWELLING UNIT THAT IS NOT ELIGIBLE AS OF
THE  APPLICABLE  TAXABLE  STATUS  DATE FOR THE FISCAL YEAR COMMENCING IN
CALENDAR YEAR TWO THOUSAND TWELVE.
  (D) THE BOARD OF MANAGERS OF A CONDOMINIUM THAT RECEIVED AN  ABATEMENT
PURSUANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR
TWO  THOUSAND ELEVEN SHALL SUBMIT AN APPLICATION FOR AN ABATEMENT PURSU-
ANT TO THIS SECTION FOR THE FISCAL YEAR COMMENCING IN CALENDAR YEAR  TWO
THOUSAND TWELVE NO LATER THAN SIXTY DAYS FOLLOWING THE EFFECTIVE DATE OF
THE  CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN THAT ADDED THIS SUBDI-
VISION.  IF SUCH BOARD OF MANAGERS  DOES  NOT  SUBMIT  SUCH  APPLICATION
WITHIN  SIXTY  DAYS  FOLLOWING  THE EFFECTIVE DATE OF THE CHAPTER OF THE
LAWS OF TWO THOUSAND THIRTEEN THAT  ADDED  THIS  SUBDIVISION,  THEN  THE
ABATEMENT  FOR  THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO THOUSAND
TWELVE FOR SUCH CONDOMINIUM SHALL BE BASED ON THE INFORMATION  CONTAINED
IN THE APPLICATION SUBMITTED IN TWO THOUSAND ELEVEN, PROVIDED THAT NOTH-
ING  IN  THIS  PARAGRAPH  SHALL AUTHORIZE OR REQUIRE THE COMMISSIONER OF
FINANCE TO GRANT AN ABATEMENT WITH RESPECT TO A PROPERTY OR  A  DWELLING
UNIT  THAT  IS NOT ELIGIBLE AS OF THE APPLICABLE TAXABLE STATUS DATE FOR
THE FISCAL YEAR COMMENCING IN CALENDAR YEAR TWO THOUSAND TWELVE.
  (E) NOTWITHSTANDING PARAGRAPHS (A), (B), (C) AND (D) OF THIS  SUBDIVI-
SION  OR  ANY  OTHER  INCONSISTENT PROVISION OF LAW, THE COMMISSIONER OF
FINANCE MAY REQUIRE EACH APPLICANT FOR AN ABATEMENT FOR THE FISCAL YEARS
COMMENCING IN CALENDAR YEARS TWO THOUSAND TWELVE AND TWO THOUSAND  THIR-
TEEN TO SUBMIT AN APPLICATION BY A DATE AND IN A FORM DETERMINED BY SUCH
COMMISSIONER  AND SUCH COMMISSIONER MAY DENY ABATEMENTS PURSUANT TO THIS
SECTION FOR FAILURE TO SUBMIT SUCH APPLICATION  BY  SUCH  DATE  PROVIDED
THAT  SUCH  DATE SHALL BE NO EARLIER THAN THIRTY DAYS FOLLOWING THE DATE
ON WHICH THE COMMISSIONER RELEASES THE APPLICATION FORM.
  S 11. Subdivision 8 of section 467-a of the real property tax law,  as
amended  by  chapter  453  of  the  laws  of 2011, is amended to read as
follows:
  8. Except to the extent that the owner of a dwelling unit of a proper-
ty situated in a city having a population of one  million  or  more  may
request  a  redacted copy of any application or statements pertaining to
such dwelling unit, as provided in subdivision four of this section, the
information contained in applications or statements in connection there-
with filed with the commissioner  of  finance  pursuant  to  subdivision
three,  three-a,  three-b  [or],  three-c,  THREE-D  OR  THREE-E of this
section shall not be subject to disclosure  under  article  six  of  the
public officers law.
  S  12.  Section  11-1706 of the administrative code of the city of New
York is amended by adding a new subdivision (f) to read as follows:
  (F) CREDIT FOR GENERAL CORPORATION TAX PAID.    (1)  A  CITY  RESIDENT
INDIVIDUAL,  ESTATE OR TRUST WHOSE CITY ADJUSTED GROSS INCOME INCLUDES A
PRO RATA SHARE OF INCOME, LOSS AND DEDUCTIONS DESCRIBED IN PARAGRAPH ONE
OF SUBSECTION (A) OF SECTION THIRTEEN HUNDRED SIXTY-SIX OF THE  INTERNAL
REVENUE  CODE,  FROM  ONE  OR MORE NEW YORK S CORPORATIONS AS DEFINED IN
SUBDIVISION ONE-A OF SECTION TWO HUNDRED EIGHT OF THE TAX LAW,  OR  FROM

S. 2320                             9

ONE OR MORE QSSSS AS DEFINED IN SUBDIVISION ONE-B OF SECTION TWO HUNDRED
EIGHT  OF  THE TAX LAW, THAT ARE EXEMPT QSSSS BY REASON OF CLAUSE (A) OF
SUBPARAGRAPH ONE OF PARAGRAPH (K) OF SUBDIVISION  NINE  OF  SECTION  TWO
HUNDRED  EIGHT  OF  THE TAX LAW, ON WHICH A TAX IS IMPOSED BY SUBCHAPTER
TWO OF CHAPTER SIX OF THIS TITLE, SHALL BE ALLOWED A CREDIT AS  PROVIDED
IN PARAGRAPH TWO OF THIS SUBDIVISION AGAINST THE TAX OTHERWISE DUE UNDER
SECTIONS 11-1701, 11-1703, 11-1704 AND 11-1704.1 OF THIS CHAPTER.
  (2)(A)  SUBJECT  TO THE LIMITATIONS SET FORTH IN SUBPARAGRAPHS (B) AND
(C) OF THIS PARAGRAPH, THE CREDIT ALLOWED TO A TAXPAYER  FOR  A  TAXABLE
YEAR UNDER THIS SUBDIVISION SHALL BE DETERMINED AS FOLLOWS:
  (I)  FOR  TAXABLE YEARS BEGINNING ON OR AFTER JANUARY FIRST, TWO THOU-
SAND FOURTEEN AND BEFORE JULY FIRST, TWO THOUSAND FIFTEEN:
  (I) IF THE CITY TAXABLE INCOME  IS  THIRTY-FIVE  THOUSAND  DOLLARS  OR
LESS,  THE  AMOUNT  OF  THE  CREDIT  SHALL BE ONE HUNDRED PERCENT OF THE
AMOUNT DETERMINED IN PARAGRAPH THREE OF THIS SUBDIVISION.
  (II) IF THE CITY TAXABLE INCOME IS GREATER THAN  THIRTY-FIVE  THOUSAND
DOLLARS  BUT  LESS  THAN ONE HUNDRED THOUSAND DOLLARS, THE AMOUNT OF THE
CREDIT SHALL BE A PERCENTAGE OF THE AMOUNT DETERMINED IN PARAGRAPH THREE
OF THIS SUBDIVISION, SUCH PERCENTAGE TO  BE  DETERMINED  BY  SUBTRACTING
FROM  ONE  HUNDRED PERCENT, A PERCENTAGE DETERMINED BY SUBTRACTING THIR-
TY-FIVE THOUSAND DOLLARS FROM CITY TAXABLE INCOME, DIVIDING  THE  RESULT
BY SIXTY-FIVE THOUSAND DOLLARS AND MULTIPLYING BY ONE HUNDRED PERCENT.
  (III)  IF  THE  CITY TAXABLE INCOME IS ONE HUNDRED THOUSAND DOLLARS OR
GREATER, NO CREDIT SHALL BE ALLOWED.
  (IV) PROVIDED FURTHER THAT FOR ANY TAXABLE  YEAR  OF  A  TAXPAYER  FOR
WHICH  THIS  CREDIT  IS  EFFECTIVE THAT ENCOMPASSES DAYS OCCURRING AFTER
JUNE THIRTIETH, TWO THOUSAND FIFTEEN, THE AMOUNT OF  THE  CREDIT  DETER-
MINED  IN ITEM (I) OR (II) OF THIS CLAUSE SHALL BE MULTIPLIED BY A FRAC-
TION, THE NUMERATOR OF WHICH IS THE NUMBER OF  DAYS  IN  THE  TAXPAYER'S
TAXABLE  YEAR  OCCURRING  ON  OR  BEFORE  JUNE  THIRTIETH,  TWO THOUSAND
FIFTEEN, AND THE DENOMINATOR OF WHICH IS  THE  NUMBER  OF  DAYS  IN  THE
TAXPAYER'S TAXABLE YEAR.
  (B)  NOTWITHSTANDING  ANYTHING  TO THE CONTRARY IN SUBPARAGRAPH (A) OF
THIS PARAGRAPH, THE CREDIT ALLOWED TO A  TAXPAYER  FOR  A  TAXABLE  YEAR
UNDER  THIS SUBDIVISION SHALL NOT EXCEED THE SUM OF THE TAXES THAT WOULD
OTHERWISE BE IMPOSED BY SECTIONS 11-1701, 11-1703, 11-1704 AND 11-1704.1
OF THIS CHAPTER ON SUCH TAXPAYER FOR SUCH TAXABLE YEAR AFTER THE  ALLOW-
ANCE  OF  ANY  OTHER CREDITS ALLOWED BY SUBDIVISIONS (A) AND (B) OF THIS
SECTION, AND SUBDIVISION (C) OF THIS SECTION, AS ADDED BY  CHAPTER  FOUR
HUNDRED  EIGHTY-ONE  OF  THE  LAWS  OF NINETEEN HUNDRED NINETY-SEVEN AND
SUBSEQUENTLY AMENDED, AND SECTION 11-1721 OF THIS CHAPTER.
  (C) NOTWITHSTANDING ANYTHING TO THE CONTRARY IN  SUBPARAGRAPH  (A)  OF
THIS  PARAGRAPH,  NO  CREDIT  SHALL  BE  ALLOWED  FOR  ANY AMOUNT OF TAX
IMPOSED, OR CREDIT ALLOWED, BY SUBCHAPTER TWO OF  CHAPTER  SIX  OF  THIS
TITLE ON, OR TO, A COMBINED GROUP OF CORPORATIONS INCLUDING A NEW YORK S
CORPORATION  OR AN EXEMPT QSSS, EXCEPT WHERE THE COMBINED GROUP CONSISTS
EXCLUSIVELY OF ONE OR MORE NEW YORK  S  CORPORATIONS  AND  ONE  OR  MORE
EXEMPT  QSSSS OF SUCH CORPORATIONS AS DESCRIBED IN PARAGRAPH ONE OF THIS
SUBDIVISION, PROVIDED THAT EACH OF THE NEW YORK S CORPORATIONS  INCLUDED
IN  THE  GROUP  IS  WHOLLY  OWNED  BY THE SAME INTERESTS AND IN THE SAME
PROPORTIONS AS EACH OTHER NEW YORK S CORPORATION INCLUDED IN THE GROUP.
  (3) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH (B)  OF  THIS  PARAGRAPH
AND  SUBPARAGRAPH  (C)  OF PARAGRAPH TWO OF THIS SUBDIVISION, THE AMOUNT
DETERMINED IN THIS PARAGRAPH IS THE SUM OF THE TAXPAYER'S PRO RATA SHARE
OF THE AMOUNTS DETERMINED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH FOR EACH
NEW YORK S CORPORATION, OR EXEMPT QSSS, DESCRIBED IN  PARAGRAPH  ONE  OF

S. 2320                            10

THIS  SUBSECTION,  A PRO RATA SHARE OF WHOSE INCOME, LOSS AND DEDUCTIONS
DESCRIBED IN PARAGRAPH ONE OF SUBSECTION (A) OF SECTION THIRTEEN HUNDRED
SIXTY-SIX OF THE INTERNAL REVENUE CODE, IS INCLUDED  IN  THE  TAXPAYER'S
CITY ADJUSTED GROSS INCOME.
  (A) THE AMOUNT DETERMINED IN THIS SUBPARAGRAPH IS THE SUM OF:
  (I)  THE  TAXES IMPOSED BY SUBCHAPTER TWO OF CHAPTER SIX OF THIS TITLE
ON SUCH CORPORATION, OR A COMBINED GROUP INCLUDING SUCH CORPORATION, FOR
ITS TAXABLE YEAR ENDING WITHIN OR WITH THE TAXABLE YEAR OF THE  TAXPAYER
AND PAID BY SUCH CORPORATION, OR COMBINED GROUP; AND
  (II) THE AMOUNT OF ANY CREDIT OR CREDITS TAKEN BY SUCH CORPORATION, OR
A  COMBINED GROUP INCLUDING SUCH CORPORATION, UNDER SUBDIVISION EIGHTEEN
OF SECTION 11-604 OF THIS TITLE FOR ITS TAXABLE YEAR  ENDING  WITHIN  OR
WITH THE TAXABLE YEAR OF THE TAXPAYER.
  (B) FOR PURPOSES OF THIS SUBDIVISION, THE TAXPAYER'S PRO RATA SHARE OF
THE  AMOUNT  IN  SUBPARAGRAPH (A) OF THIS PARAGRAPH FOR THE TAXABLE YEAR
SHALL BE THE AMOUNT DETERMINED WITH RESPECT TO THE TAXPAYER:
  (I) BY ASSIGNING AN EQUAL PORTION OF THE AMOUNT IN SUBPARAGRAPH (A) OF
THIS PARAGRAPH TO EACH DAY OF THE CORPORATION'S TAXABLE  YEAR  ON  WHICH
THE CORPORATION HAS SHARES OUTSTANDING,
  (II) THEN BY DIVIDING THAT PORTION PRO RATA AMONG THE SHARES OUTSTAND-
ING ON THAT DAY; PROVIDED, HOWEVER,
  (III)  IF THE TAXABLE YEAR OF SUCH CORPORATION FOR PURPOSES OF CHAPTER
SIX OF THIS TITLE IS DIFFERENT FROM ITS NEW YORK S YEAR OR S SHORT  YEAR
AS  DEFINED IN SUBDIVISION ONE-A OF SECTION TWO HUNDRED EIGHT OF THE TAX
LAW, OR SUBSECTION (F) OF SECTION FOURTEEN HUNDRED FIFTY OF THE TAX LAW,
ONLY THOSE PORTIONS THAT ARE ASSIGNED TO DAYS OF THE TAXABLE  YEAR  THAT
ARE ALSO DAYS OF THE NEW YORK S YEAR OR S SHORT YEAR SHALL BE TAKEN INTO
ACCOUNT  IN  DETERMINING  THE SHAREHOLDER'S PRO RATA SHARE OF THE AMOUNT
DETERMINED IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
  S 13. If any provision of section twelve of this act  is  adjudged  by
any  court  of competent jurisdiction to be invalid or unconstitutional,
the credit provided for in such sections shall not be  allowed  for  any
tax period or periods with respect to which such judgment is in effect.
  S  14.  The  provisions  of  subdivision  (c) of section 11-245 of the
administrative code of the city of New York shall not be  applicable  to
any  multiple  dwelling  located on lots numbered 13 and 14 of Manhattan
block numbered 51, lots numbered 17,  18,  and  21  of  Manhattan  block
number  90,  lots  numbered  7, 8, 10, 11, 57 and 111 of Manhattan block
numbered 1010, and lots numbered  33,  34  and  35  of  Manhattan  block
numbered  1259  as such lots and blocks are numbered as of the date this
act shall have become law, provided that the construction of such multi-
ple dwellings on those lots commences on or after January 1,  2007,  and
on  or  before  June  21,  2017, and provided that for all such multiple
dwellings the department of housing preservation and development of  New
York  City shall impose a requirement and either certify (i) that twenty
percent of the units on site are affordable to  households  of  low  and
moderate  income  pursuant to subdivision 7 of section 421-a of the real
property tax law, or (ii) the requirements of subdivision 12 of  section
421-a  of the real property tax law are met.  The provisions of subdivi-
sion (c) of section 11-245 of the administrative code of the city of New
York shall not be applicable to any multiple dwelling that is located on
lot 10 of Manhattan block number 123, as such lot and block are numbered
as  of  the  date  this  act  shall  have  become  law,  provided   that
construction  of such multiple dwelling commenced on or after January 1,
2007, and on or before June 21, 2012,  and  provided  further  that  the
individual  or  agent thereof seeking benefits pursuant to section 421-a

S. 2320                            11

of the real property tax law enters into and fulfills  the  requirements
of a memorandum of understanding with the city of New York Department of
Housing  Preservation and Development to fund in an amount not less than
$9 million the construction of affordable rental housing within the City
of  New  York,  provided,  however,  that  such amount required shall be
reduced by the value of negotiable certificates that the  individual  or
agent  thereof  seeking  benefits purchased, pursuant to section 6-08 of
title 28 of the rules of the city of New York as such rules  existed  as
of  the  date  this  act shall have become law, in order to entitle such
multiple dwelling to the benefits pursuant to section 421-a of the  real
property  tax  law  for  a  specified  number of units in the geographic
exclusion area, provided that such negotiable certificates  were  gener-
ated  by a written agreement with the Department of Housing Preservation
and Development, and provided further that,  notwithstanding  any  other
provision of law, benefits granted pursuant to section 421-a of the real
property  tax  law  for  such  multiple  dwelling shall be granted as if
construction commenced on June 21, 2012.   For the construction  of  any
multiple  dwelling  on  the above referenced lots, with the exception of
lots numbered 17, 18 and  21  of  Manhattan  block  numbered  90,  which
receives  benefits  pursuant  to  section 421-a of the real property tax
law, any work which may involve the employment of laborers,  workers  or
mechanics  shall  be  considered public work for the purposes of article
eight of the labor law, and any  contracts  or  subcontracts  which  may
involve  the  employment  of  laborers,  workers  or  mechanics shall be
enforceable under article eight of the  labor  law,  provided,  however,
that  such provisions shall not apply to construction performed pursuant
to a project labor agreement that is a  pre-hire  collective  bargaining
agreement  governing the terms and conditions of employment entered into
by a construction user and/or its representative and a bona fide  build-
ing  and  construction  trade  labor organization establishing the labor
organization as the collective bargaining representative  for  laborers,
workers and mechanics.
  S  15.  Subparagraph  (i) of paragraph (a) of subdivision 2 of section
421-a of the real property tax law, as amended by section 38 of  part  B
of chapter 97 of the laws of 2011, is amended to read as follows:
  (i)  Within  a  city  having  a population of one million or more, new
multiple dwellings, except hotels, shall be  exempt  from  taxation  for
local  purposes,  other than assessments for local improvements, for the
tax year or years immediately following taxable status  dates  occurring
subsequent   to   the  commencement  and  prior  to  the  completion  of
construction, but not to exceed three such tax years,  [except  for  new
multiple  dwellings  the construction of which commenced between January
first, two thousand seven, and June thirtieth, two thousand nine,  shall
have  an additional thirty-six months to complete construction and shall
be eligible for full exemption from taxation for the first  three  years
of  the  period  of  construction;  any  eligible  project that seeks to
utilize the six-year period of construction authorized by  this  section
must  apply for a preliminary certificate of eligibility within one year
of the effective date of the rent act of 2011,  provided,  however  that
such  multiple  dwellings shall be eligible for a maximum of three years
of benefits during the construction period,] and shall  continue  to  be
exempt from such taxation in tax years immediately following the taxable
status date first occurring after the expiration of the exemption herein
conferred  during  construction  so  long  as  used at the completion of
construction for dwelling purposes for a period not to exceed ten  years

S. 2320                            12

in the aggregate after the taxable status date immediately following the
completion thereof, as follows:
  (A)  except as otherwise provided herein there shall be full exemption
from taxation during the period of construction or the period  of  three
years  immediately  following  commencement  of  construction, whichever
expires sooner, [except for new multiple dwellings the  construction  of
which  commenced  between  January  first,  two thousand seven, and June
thirtieth, two thousand nine, shall have an additional thirty-six months
to complete construction and shall be eligible for full  exemption  from
taxation  for  the  first three years of the period of construction; any
eligible  project  that  seeks  to  utilize  the  six-year   period   of
construction  authorized  by  this  section must apply for a preliminary
certificate of eligibility within one year of the effective date of  the
rent  act  of 2011, provided, however that such multiple dwellings shall
be eligible for  a  maximum  of  three  years  of  benefits  during  the
construction period,] and for two years following such period;
  (B)  followed  by  two years of exemption from eighty per cent of such
taxation;
  (C) followed by two years of exemption from sixty  per  cent  of  such
taxation;
  (D)  followed  by  two  years of exemption from forty per cent of such
taxation;
  (E) followed by two years of exemption from twenty per  cent  of  such
taxation;
  The  following  table  shall  illustrate  the  computation  of the tax
exemption:

               CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS

                                                  Exemption
During Construction (maximum three years)[;       100%
except construction commenced between January
first, two thousand seven and June
thirtieth, two thousand nine (maximum
three years)]
Following completion of work
Year:

 1                                                100%
 2                                                100
 3                                                 80
 4                                                 80
 5                                                 60
 6                                                 60
 7                                                 40
 8                                                 40
 9                                                 20
10                                                 20

  S 16. Clause (A) of subparagraph (ii) of paragraph (a) of  subdivision
2  of  section 421-a of the real property tax law, as amended by section
39 of part B of chapter 97 of the laws of 2011, is amended  to  read  as
follows:
  (A) Within a city having a population of one million or more the local
housing  agency may adopt rules and regulations providing that except in
areas excluded by local law new multiple dwellings, except hotels, shall

S. 2320                            13

be exempt from taxation for local purposes, other than  assessments  for
local  improvements,  for  the  tax  year or years immediately following
taxable status dates occurring subsequent to the commencement and  prior
to  the  completion  of  construction,  but not to exceed three such tax
years, [except for new multiple  dwellings  the  construction  of  which
commenced between January first, two thousand seven, and June thirtieth,
two  thousand  nine,  shall  have  an  additional  thirty-six  months to
complete construction and shall be  eligible  for  full  exemption  from
taxation  for  the  first three years of the period of construction; any
eligible  project  that  seeks  to  utilize  the  six-year   period   of
construction  authorized  by  this  section must apply for a preliminary
certificate of eligibility within one year of the effective date of  the
rent  act  of 2011, provided, however that such multiple dwellings shall
be eligible for  a  maximum  of  three  years  of  benefits  during  the
construction period,] and shall continue to be exempt from such taxation
in  tax years immediately following the taxable status date first occur-
ring after the expiration of the exemption herein conferred during  such
construction  so  long  as  used  at  the completion of construction for
dwelling purposes for a period not to exceed fifteen years in the aggre-
gate, as follows:
  a. except as otherwise provided herein there shall be  full  exemption
from  taxation  during the period of construction or the period of three
years immediately  following  commencement  of  construction,  whichever
expires  sooner,  [except for new multiple dwellings the construction of
which commenced between January first,  two  thousand  seven,  and  June
thirtieth, two thousand nine, shall have an additional thirty-six months
to  complete  construction and shall be eligible for full exemption from
taxation for the first three years of the period  of  construction;  any
eligible   project   that  seeks  to  utilize  the  six-year  period  of
construction authorized by this section must  apply  for  a  preliminary
certificate  of eligibility within one year of the effective date of the
rent act of 2011, provided, however that such multiple  dwellings  shall
be  eligible  for  a  maximum  of  three  years  of  benefits during the
construction period,] and for eleven years following such period;
  b. followed by one year of exemption from eighty percent of such taxa-
tion;
  c. followed by one year of exemption from sixty percent of such  taxa-
tion;
  d.  followed by one year of exemption from forty percent of such taxa-
tion;
  e. followed by one year of exemption from twenty percent of such taxa-
tion.
  S 17. Clause (A) of subparagraph (iii) of paragraph (a) of subdivision
2 of section 421-a of the real property tax law, as amended  by  section
40  of  part  B of chapter 97 of the laws of 2011, is amended to read as
follows:
  (A) Within a city having a population of one million or more the local
housing agency may adopt rules and regulations providing that new multi-
ple dwellings, except hotels, shall be exempt from  taxation  for  local
purposes,  other  than  assessments  for local improvements, for the tax
year or years  immediately  following  taxable  status  dates  occurring
subsequent   to   the  commencement  and  prior  to  the  completion  of
construction, but not to exceed three such tax years,  [except  for  new
multiple  dwellings  the construction of which commenced between January
first, two thousand seven, and June thirtieth, two thousand nine,  shall
have  an additional thirty-six months to complete construction and shall

S. 2320                            14

be eligible for full exemption from taxation for the first  three  years
of  the  period  of  construction;  any  eligible  project that seeks to
utilize the six-year period of construction authorized by  this  section
must  apply for a preliminary certificate of eligibility within one year
of the effective date of the rent act of 2011,  provided,  however  that
such  multiple  dwellings shall be eligible for a maximum of three years
of benefits during the construction period,] and shall  continue  to  be
exempt from such taxation in tax years immediately following the taxable
status date first occurring after the expiration of the exemption herein
conferred  during such construction so long as used at the completion of
construction for dwelling purposes for a period not  to  exceed  twenty-
five years in the aggregate, provided that the area in which the project
is situated is a neighborhood preservation program area as determined by
the local housing agency as of June first, nineteen hundred eighty-five,
or  is  a  neighborhood  preservation area as determined by the New York
city planning commission as of June first, nineteen hundred eighty-five,
or is an area that was eligible for mortgage insurance provided  by  the
rehabilitation  mortgage insurance corporation as of May first, nineteen
hundred ninety-two or is an area receiving funding  for  a  neighborhood
preservation  project  pursuant  to the neighborhood reinvestment corpo-
ration act (42 U.S.C. SS180 et seq.)  as of June first, nineteen hundred
eighty-five, as follows:
  a. except as otherwise provided herein there shall be  full  exemption
from  taxation  during the period of construction or the period of three
years immediately  following  commencement  of  construction,  whichever
expires  sooner,  [except for new multiple dwellings the construction of
which commenced between January first,  two  thousand  seven,  and  June
thirtieth, two thousand nine, shall have an additional thirty-six months
to  complete  construction and shall be eligible for full exemption from
taxation for the first three years of the period  of  construction;  any
eligible   project   that  seeks  to  utilize  the  six-year  period  of
construction authorized by this section must  apply  for  a  preliminary
certificate  of eligibility within one year of the effective date of the
rent act of 2011, provided, however that such multiple  dwellings  shall
be  eligible  for  a  maximum  of  three  years  of  benefits during the
construction period,] and for twenty-one years following such period;
  b. followed by one year of exemption from eighty percent of such taxa-
tion;
  c. followed by one year of exemption from sixty percent of such  taxa-
tion;
  d.  followed by one year of exemption from forty percent of such taxa-
tion;
  e. followed by one year of exemption from twenty percent of such taxa-
tion.
  S 18. Subdivision 7 of section 467-a of the real property tax law,  as
added by chapter 273 of the laws of 1996, is amended to read as follows:
  7. The commissioner of finance shall be authorized to promulgate rules
necessary  to  effectuate the purposes of this section.  NOTWITHSTANDING
ANY OTHER PROVISION OF LAW TO THE CONTRARY, SUCH RULES MAY INCLUDE,  BUT
NEED  NOT BE LIMITED TO, DENIAL, TERMINATION OR REVOCATION OF ANY ABATE-
MENT PURSUANT TO THIS SECTION IF ANY DWELLING UNIT IN A PROPERTY HELD IN
THE CONDOMINIUM FORM OF OWNERSHIP OR A PROPERTY HELD IN THE  COOPERATIVE
FORM  OF  OWNERSHIP  HAS  REAL  PROPERTY TAXES, WATER AND SEWER CHARGES,
PAYMENTS IN LIEU OF TAXES OR OTHER  MUNICIPAL  CHARGES  DUE  AND  OWING,
UNLESS  SUCH  REAL  PROPERTY TAXES, WATER AND SEWER CHARGES, PAYMENTS IN
LIEU OF TAXES OR OTHER MUNICIPAL CHARGES ARE  CURRENTLY  BEING  PAID  IN

S. 2320                            15

TIMELY  INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT
OF FINANCE OR OTHER APPROPRIATE AGENCY.
  S  19. Subdivision 8 of section 467-a of the real property tax law, as
amended by chapter 453 of the laws  of  2011,  is  amended  to  read  as
follows:
  8. Except to the extent that the owner of a dwelling unit of a proper-
ty  situated  in  a  city having a population of one million or more may
request a redacted copy of any application or statements  pertaining  to
such dwelling unit, as provided in subdivision four of this section, the
information contained in applications or statements in connection there-
with  filed  with  the  commissioner  of finance pursuant to subdivision
three, three-a, three-b  [or],  three-c,  THREE-D  OR  THREE-E  of  this
section  shall  not  be  subject  to disclosure under article six of the
public officers law.
  S 20. Section 467-a of the real property tax law is amended by  adding
a new subdivision 9 to read as follows:
  9.  THE  COMMISSIONER  OF  FINANCE  SHALL BE AUTHORIZED TO PREPARE AND
SUBMIT AMENDED TAX BILLS TO TAXPAYERS TO REFLECT ANY ADJUSTMENTS  NECES-
SARY  TO  APPLY THE PARTIAL ABATEMENT RECEIVED PURSUANT TO THIS SECTION.
IF A CONDOMINIUM OR COOPERATIVE HAS PAID AN  AMOUNT  THAT  IS  DIFFERENT
THAN THE AMOUNT DUE ON ANY AMENDED TAX BILL, THE COMMISSIONER OF FINANCE
MAY WAIVE ANY INTEREST OTHERWISE DUE ON SUCH AMOUNT.
  S  21.  Subdivision  5 of section 281 of the multiple dwelling law, as
amended by chapter 139 of the laws  of  2011,  is  amended  to  read  as
follows:
  5. Notwithstanding the provisions of paragraphs (i), (iii) and (iv) of
subdivision  two of this section, but subject to paragraphs (i) and (ii)
of subdivision one of this section and paragraph (ii) of subdivision two
of this section, the term  "interim  multiple  dwelling"  shall  include
buildings,  structures or portions thereof that are located in a city of
more than one  million  persons  which  were  occupied  for  residential
purposes  as  the residence or home of any three or more families living
independently from one another for a period of twelve consecutive months
during the period commencing January  first,  two  thousand  eight,  and
ending December thirty-first, two thousand nine, provided that the unit:
is  not  located  in  a basement or cellar and has at least one entrance
that does not require passage through another residential unit to obtain
access to the unit, has at least one window opening onto a street  or  a
lawful  yard or court as defined in the zoning resolution for such muni-
cipality, and is at least [five hundred fifty] FOUR HUNDRED square  feet
in  area.  The term "interim multiple dwelling" as used in this subdivi-
sion shall not include (i) any building in an industrial  business  zone
established  pursuant to chapter six-D of title twenty-two of the admin-
istrative code of the city of New York except that  a  building  in  the
Williamsburg/Greenpoint  or North Brooklyn industrial business zones and
a building located in that portion of the Long  Island  city  industrial
business  zone  that has frontage on either side of forty-seventh avenue
or is located north of forty-seventh avenue and south of Skillman avenue
or in that portion of the Long Island city industrial business zone that
is located north of forty-fourth drive, south of Queens plaza north, and
west of twenty-third street may be included in the term "interim  multi-
ple dwelling," or (ii) units in any building, OTHER THAN A BUILDING THAT
IS  ALREADY DEFINED AS AN "INTERIM MULTIPLE DWELLING" PURSUANT TO SUBDI-
VISION ONE, TWO, THREE OR FOUR OF THIS SECTION, that, at the  time  this
subdivision  shall  take  effect  AND  CONTINUING  AT  THE  TIME  OF THE
SUBMISSION OF AN APPLICATION FOR COVERAGE BY ANY PARTY, also contains  a

S. 2320                            16

use actively and currently pursued, which use is set forth in use groups
fifteen  through eighteen, as described in the zoning resolution of such
municipality in effect on June twenty-first, two thousand ten, and which
the  loft  board  has  determined  in rules and regulation is inherently
incompatible with residential use in the same  building,  provided  that
THE  LOFT BOARD MAY BY RULE EXEMPT CATEGORIES OF UNITS OR BUILDINGS FROM
SUCH USE INCOMPATIBILITY DETERMINATIONS INCLUDING  BUT  NOT  LIMITED  TO
RESIDENTIALLY  OCCUPIED  UNITS  OR  SUBCATEGORIES  OF  SUCH  UNITS,  AND
PROVIDED, FURTHER THAT if a building does not contain such  active  uses
at  the  time  this  subdivision  takes effect, no subsequent use by the
owner of the building shall eliminate the protections  of  this  section
for any residential occupants in the building already qualified for such
protections.  The  term  "interim  multiple  dwelling,"  as used in this
subdivision shall also include buildings, structures or portions thereof
that are located north of West 24th Street and south of West 27th Street
and west of tenth avenue and east of eleventh avenue in a city  of  more
than one million persons which were occupied for residential purposes as
the  residence  or home of any two or more families living independently
from one another for a period of twelve consecutive  months  during  the
period commencing January first, two thousand eight, and ending December
thirty-first,  two  thousand  nine and subject to all the conditions and
limitations of this subdivision other than the number of  units  in  the
building.  A  reduction in the number of occupied residential units in a
building after  meeting  the  aforementioned  twelve  consecutive  month
requirement  shall not eliminate the protections of this section for any
remaining residential occupants qualified for such protections.  Non-re-
sidential  space in a building as of the effective date of this subdivi-
sion shall be offered for residential use only after the obtaining of  a
residential certificate of occupancy for such space and such space shall
be  exempt  from this article, even if a portion of such building may be
an interim multiple dwelling.
  S 22. Subdivision 2 of section 286 of the multiple  dwelling  law,  as
amended by chapter 414 of the laws of 1999, subparagraphs (A) and (B) of
paragraph (ii) and paragraph (iii) as amended by chapter 135 of the laws
of 2010, is amended to read as follows:
  2.  (i)  Prior to compliance with safety and fire protection standards
of article seven-B of this chapter, residential occupants qualified  for
protection pursuant to this article shall be entitled to continued occu-
pancy,  provided that the unit is their primary residence, and shall pay
the same rent, including escalations, specified in their lease or rental
agreement to the extent to which such lease or rental agreement  remains
in  effect  or,  in the absence of a lease or rental agreement, the same
rent most recently paid and accepted by the owner; if there is no  lease
or  other  rental agreement in effect, rent adjustments prior to article
seven-B compliance shall be in conformity with guidelines to be  set  by
the loft board for such residential occupants within six months from the
effective date of this article.
  (ii)  In  addition to any rent adjustment pursuant to paragraph (i) of
this subdivision, on or after June twenty-first, nineteen hundred  nine-
ty-two,  the  rent  for  residential units in interim multiple dwellings
that are not yet in compliance with the requirements of subdivision  one
of  section two hundred eighty-four of this article shall be adjusted as
follows:
  (A) Upon the owners' filing of an alteration application, as  required
by  paragraph  (ii),  (iii),  (iv),  (v),  or (vi) of subdivision one of
section two hundred eighty-four of this article, an adjustment equal  to

S. 2320                            17

[six]  THREE  percent  of the rent in effect at the time the owner files
the alteration application.
  (B)  Upon  obtaining  an  alteration  permit, as required by paragraph
(ii), (iii), (iv), (v), or  (vi)  of  subdivision  one  of  section  two
hundred  eighty-four  of  this  article,  an adjustment equal to [eight]
THREE percent of the rent in effect at the time the  owner  obtains  the
alteration permit.
  (C)  Upon  achieving  compliance with the standards of safety and fire
protection set forth in article seven-B of this chapter for the residen-
tial portions of the building, an adjustment equal to [six] FOUR percent
of the rent in effect at the time the owner achieves such compliance.
  (D) Owners who filed an alteration application prior to the  effective
date  of this subparagraph shall be entitled to a prospective adjustment
equal to six percent of the rent on the effective date of this  subpara-
graph.
  (E)  Owners  who  obtained  an alteration permit prior to June twenty-
first, nineteen hundred ninety-two shall be entitled  to  a  prospective
adjustment  equal  to fourteen percent of the rent on June twenty-first,
nineteen hundred ninety-two.
  (F) Owners who achieved compliance with the standards  of  safety  and
fire  protection  set  forth  in article seven-B of this chapter for the
residential portions of the building prior to June  twenty-first,  nine-
teen  hundred  ninety-two  shall be entitled to a prospective adjustment
equal to twenty percent of  the  rent  on  June  twenty-first,  nineteen
hundred ninety-two.
  (iii) Any rent adjustments pursuant to paragraph (ii) of this subdivi-
sion  shall  not  apply to units which were rented at market value after
June twenty-first, nineteen hundred eighty-two and prior to  June  twen-
ty-first, nineteen hundred ninety-two. This paragraph shall not apply to
units  made  subject  to this article by subdivision five of section two
hundred eighty-one of this article.
  (iv) Payment of any rent adjustments pursuant  to  paragraph  (ii)  of
this  subdivision  shall  commence  the  month immediately following the
month in which the act entitling the owner to the adjustment occurred.
  S 23. Subdivision 2 of section 285 of the multiple  dwelling  law,  as
amended  by  chapter  135  of  the  laws  of 2010, is amended to read as
follows:
  2. Notwithstanding any other provision of this article, an  owner  may
apply  to  the loft board for exemption of a building or portion thereof
from this article on the basis that  compliance  with  this  article  in
obtaining  a  legal  residential certificate of occupancy would cause an
unjustifiable hardship either because: (i) it would cause  an  unreason-
ably  adverse  impact  on a non-residential conforming use tenant within
the building or (ii) the cost of compliance  renders  legal  residential
conversion  infeasible. Residential and other tenants shall be given not
less than sixty days notice in advance of  the  hearing  date  for  such
application.  If  the loft board approves such application, the building
or portion thereof shall  be  exempt  from  this  article,  and  may  be
converted  to  non-residential  conforming uses, provided, however, that
the owner shall, as a condition of approval of such  application,  agree
to  file  an  irrevocable  recorded covenant in form satisfactory to the
loft board enforceable for fifteen years by the municipality,  that  the
building  will not be re-converted to residential uses during such time.
The standard for granting such hardship application for  a  building  or
portion thereof shall be as follows: (a) the loft board shall only grant
the  minimum  relief  necessary to relieve any alleged hardship with the

S. 2320                            18

understanding if compliance is reasonably possible it should be achieved
even if it requires alteration of units, relocation of tenants to vacant
space within the building, re-design of space or application for a  non-
use-related  variance, special permit, minor modification or administra-
tive certification; (b) self-created hardship shall not be allowed;  (c)
the  test for cost infeasibility shall be that of a reasonable return on
the owner's investment not maximum return on investment;  (d)  the  test
for  unreasonably  adverse  impact  on  a non-residential conforming use
tenant  shall  be  whether  residential  conversion  would   necessitate
displacement.  Such hardship applications shall be submitted to the loft
board within nine months of the establishment of the loft board (or,  in
the  case  of interim multiple dwellings referred to in subdivision four
of section two hundred eighty-one of this article, within nine months of
[the effective date of such subdivision four] JULY TWENTY-SEVENTH, NINE-
TEEN HUNDRED EIGHTY-SEVEN or in the case of interim  multiple  dwellings
made  subject to this article by subdivision five of section two hundred
eighty-one of this article, within nine months of the effective date  of
such subdivision five, OR, FOR UNITS THAT BECAME SUBJECT TO THIS ARTICLE
PURSUANT  TO  THE  CHAPTER  OF  THE  LAWS OF TWO THOUSAND THIRTEEN WHICH
AMENDED THIS PARAGRAPH, WITHIN NINE MONTHS OF THE  PROMULGATION  OF  ALL
NECESSARY  RULES AND REGULATIONS PURSUANT TO SECTION TWO HUNDRED EIGHTY-
TWO-A OF THIS ARTICLE, but shall not be considered, absent a  waiver  by
the  loft  board, unless the owner has also filed an alteration applica-
tion. In determination of any such hardship application, the loft  board
may demand such information as it deems necessary. In approving any such
hardship application, the loft board may fix reasonable terms and condi-
tions for the vacating of residential occupancy.
  S  24.  Paragraph (vi) of subdivision 1 of section 284 of the multiple
dwelling law, as amended by chapter 135 of the laws of 2010, is  amended
to read as follows:
  (vi)  Notwithstanding  the provisions of paragraphs (i) through (v) of
this subdivision the owner of an interim multiple dwelling made  subject
to this article by subdivision five of section two hundred eighty-one of
this article (A) shall file an alteration application within nine months
from  the  effective date of the chapter of the laws of two thousand ten
which amended this subparagraph, OR, FOR UNITS THAT  BECAME  SUBJECT  TO
THIS  ARTICLE  PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND THIR-
TEEN WHICH AMENDED THIS PARAGRAPH, WITHIN NINE MONTHS OF  THE  PROMULGA-
TION  OF  ALL  NECESSARY  RULES  AND REGULATIONS PURSUANT TO SECTION TWO
HUNDRED EIGHTY-TWO-A OF THIS ARTICLE, and (B) shall take all  reasonable
and  necessary  action  to  obtain  an approved alteration permit within
twelve months from such  effective  date,  OR,  FOR  UNITS  THAT  BECAME
SUBJECT TO THIS ARTICLE PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOU-
SAND  THIRTEEN WHICH AMENDED THIS PARAGRAPH, WITHIN TWELVE MONTHS OF THE
PROMULGATION OF ALL NECESSARY RULES AND REGULATIONS PURSUANT TO  SECTION
TWO  HUNDRED EIGHTY-TWO-A OF THIS ARTICLE, and (C) shall achieve compli-
ance with the standards of safety and fire protection set forth in arti-
cle seven-B of this chapter for the residential portions of the building
within eighteen months from obtaining such alteration permit  [or  eigh-
teen months from such effective date, whichever is later], and (D) shall
take  all  reasonable  and  necessary  action to obtain a certificate of
occupancy as a class A multiple dwelling for the residential portions of
the building or structure within [thirty-six] THIRTY  months  from  such
effective  date, OR FOR UNITS THAT BECAME SUBJECT TO THIS ARTICLE PURSU-
ANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND  THIRTEEN  WHICH  AMENDED
THIS PARAGRAPH WITHIN THIRTY MONTHS OF THE PROMULGATION OF ALL NECESSARY

S. 2320                            19

RULES  AND  REGULATIONS  PURSUANT TO SECTION TWO HUNDRED EIGHTY-TWO-A OF
THIS ARTICLE. The loft board may, upon good cause shown, and upon  proof
of compliance with the standards of safety and fire protection set forth
in  article seven-B of this chapter, twice extend the time of compliance
with the requirement to obtain a residential  certificate  of  occupancy
for periods not to exceed twelve months each.
  S  25.  Section  11-243  of the administrative code of the city of New
York is amended by adding a new subdivision ee to read as follows:
  EE. THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT SHALL  MAKE
INFORMATION  RELATING TO THE PROVISIONS OF THIS SECTION AVAILABLE ON THE
DEPARTMENT'S WEBSITE, AND SHALL PROVIDE A CONTACT PHONE NUMBER  ALLOWING
TENANTS  TO  DETERMINE  BENEFITS AVAILABLE PURSUANT TO THIS SECTION. THE
DEPARTMENT SHALL CONVENE A TASK FORCE THAT SHALL EXAMINE AND  REPORT  ON
METHODS  TO IMPROVE THE TRANSPARENCY OF THE PROGRAM ESTABLISHED PURSUANT
TO THIS SECTION.
  S 26. Severability clause. If any clause, sentence, paragraph,  subdi-
vision, section or subpart of this act shall be adjudged by any court of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or subpart thereof directly involved in the controversy  in  which  such
judgment  shall  have  been  rendered.  It  is hereby declared to be the
intent of the legislature that this act would have been enacted even  if
such invalid provisions had not been included herein.
  S  27.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 1, 2012;  provided,
that:
  (a)  sections  one,  two and three of this act shall be deemed to have
been in full force and effect on and after December 31, 2011;
  (b) the amendments made to section 489 of the real property tax law by
section three of this act shall not be deemed to change the  eligibility
for  benefits,  pursuant  to such section and any local law or ordinance
providing for benefits pursuant to such section, as a result of  conver-
sions, alterations or improvements completed before December 31, 2011;
  (c)  the provisions of section fourteen of this act shall be deemed to
have been in full force and effect on and after December 31, 2007;
  (d) the provisions of sections fifteen, sixteen and seventeen of  this
act  shall  be deemed to have been in full force and effect on and after
December 28, 2010;
  (e) with respect to any application for a preliminary  certificate  of
eligibility  that is filed no later than June 24, 2012, or that is filed
for a project that was the subject of mortgage  foreclosure  proceedings
or  other  lien enforcement litigation by a lender on or before June 24,
2012, such project shall be subject to that portion of the definition of
"commence" contained in item (1) of clause (iv) of subparagraph  (2)  of
paragraph  (b)  of subdivision (a) of section 6-09 of title twenty-eight
of the rules of the city of New York;
  (f) sections eighteen, nineteen and twenty of this act shall be deemed
to have been in full force and effect on and after June 1, 2011;
  (g) notwithstanding any inconsistent provision of this act, the amend-
ment to subdivision 5 of section 281 of the multiple dwelling  law  made
by  section  twenty-one  of this act in relation to the authority of the
loft board to exempt categories or subcategories of units  or  buildings
by  rule  from  determinations  of inherently incompatible uses shall be
deemed to have been in force and effect on and after June 21,  2010  and

S. 2320                            20

to  authorize  rules  of the loft board promulgated after such date that
make such exemptions; and
  (h)  sections  twenty-one,  twenty-two,  twenty-three  and twenty-four
shall expire and be deemed repealed on June 30, 2015.

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Senate Bill S2320

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Sponsored By

Martin J. Golden