[ ] is old law to be omitted.
LBD13453-05-9
S. 6615 2
responsibilities of the New York state higher education capital match-
ing grant board, in relation to increasing the amount of authorized
matching capital grants; and to amend the private housing finance law,
in relation to housing program bonds and notes (Part K); to amend the
public health law, in relation to award dates for certain statewide II
applications (Part L); to amend the infrastructure investment act, in
relation to the definition of an authorized entity that may utilize
design-build contracts (Part M); to amend the "Jose Peralta New York
state DREAM act", in relation to making certain technical corrections
(Part N); to amend the highway law, in relation to mass transit access
for LaGuardia airport (Part O); to amend the public authorities law,
in relation to the acquisition and disposition of real property; and
providing for the repeal of such provisions upon expiration thereof
(Part P); to amend the administrative code of the city of New York, to
amend the emergency tenant protection act of nineteen seventy-four,
and to amend part C of chapter 36 of the laws of 2019, amending the
administrative code of the city of New York and the emergency tenant
protection act of nineteen seventy-four relating to vacancy of certain
housing accommodations and to amend the emergency tenant protection
act of nineteen seventy-four and the administrative code of the city
of New York relating to prohibiting a county rent guidelines board
from establishing rent adjustments for class A dwelling units based on
certain considerations, in relation to rent guidelines boards; to
amend part D of chapter 36 of the laws of 2019 amending the emergency
tenant protection act of nineteen seventy-four relating to vacancies
in certain housing accommodations, in relation to making certain tech-
nical corrections; to amend the emergency tenant protection act of
nineteen seventy-four and the administrative code of the city of New
York, in relation to vacancy decontrol; to amend the administrative
code of the city of New York, the emergency tenant protection act of
nineteen seventy-four and the emergency housing rent control law, in
relation to recovery of certain housing accommodations by a landlord;
to amend the emergency tenant protection act of nineteen seventy-four,
the administrative code of the city of New York, the emergency housing
rent control law, and to amend part K of chapter 36 of the laws of
2019, amending the emergency tenant protection act of nineteen seven-
ty-four and other laws, relating to a temporary increase in rent in
certain cases, in relation to rent increases in certain cases; to
amend the public housing law, in relation to annual reports by the
state commissioner of housing and community renewal; to amend the real
property law, in relation to notices required to tenants; to amend
part M of chapter 36 of the laws of 2019, amending the real property
law, and other laws, relating to enacting the "statewide housing secu-
rity and tenant protection act of 2019", in relation to the effective-
ness of certain provisions thereof; to amend the real property law, in
relation to the content of rent-to-own contracts pertaining to manu-
factured or mobile homes; to amend the emergency housing rent control
law, in relation to adjustments of maximum rent; and to repeal certain
provisions of the emergency housing rent control law and the adminis-
trative code of the city of New York relating to vacancy decontrol
(Part Q); to amend the tax law, in relation to operational expenses of
certain gaming facilities (Part R); to amend the tax law and the state
finance law, in relation to video lottery gaming in Orange county
(Part S); and to amend the judiciary law, in relation to increasing
the number of supreme court judges and county court judges in certain
jurisdictions (Part T)
S. 6615 3
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation.
Each component is wholly contained within a Part identified as Parts A
through T. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes a reference to a section "of this
act", when used in connection with that particular component, shall be
deemed to mean and refer to the corresponding section of the Part in
which it is found. Section three of this act sets forth the general
effective date of this act.
PART A
Section 1. Section 1276-f of the public authorities law, as added by
section 2 of subpart D of part ZZZ of chapter 59 of the laws of 2019, is
amended to read as follows:
§ 1276-f. Metropolitan transportation authority transit performance
metrics. 1. Definitions. For the purposes of this section, the following
terms shall have the following meanings:
(a) "additional platform time" means FOR THE SUBWAYS the average added
time that customers spend waiting on the platform for a train, compared
with their scheduled wait time.
(b) "additional train time" means FOR THE SUBWAYS the average addi-
tional time customers spend onboard the train [due to various service
issues], COMPARED WITH THEIR SCHEDULED ON-TRAIN TIME.
(c) "customer journey time performance" means FOR THE SUBWAYS the
percentage of customer trips with an estimated total travel time within
[two] FIVE minutes of the scheduled total travel time.
(d) "elevator availability" means percentage of facilities that
require the use of stairs and have an operational elevator.
(e) "escalator availability" means percentage of facilities that
require the use of stairs and have an operational escalator.
(f) ["excess] "ADDITIONAL journey time" means FOR THE SUBWAYS compar-
ison of measured OR ESTIMATED ACTUAL journey time compared to [scheduled
and standard journey times] SCHEDULE.
(g) "journey time [metric]" means [the times of each component of a
trip including access, egress, interchange, time in queue for tickets,]
FOR THE SUBWAYS time on platform and THE time on train. JOURNEY TIME IS
CALCULATED AS EITHER ACTUAL JOURNEY TIMES THAT CUSTOMERS EXPERIENCE, OR
AS SCHEDULED JOURNEY TIMES. Journey time and its components may be based
on a manual or an automatically generated sample.
(h) "major incidents" mean (1) FOR THE SUBWAY incidents that delay
[twenty] FIFTY or more trains WHERE A TRAIN IS CONSIDERED DELAYED IF IT
IS MORE THAN FIVE MINUTES LATE OR SKIPS PLANNED STOPS, AND (2) FOR THE
COMMUTER RAILROADS INCIDENTS THAT DELAY TEN OR MORE TRAINS GREATER THAN
FIVE MINUTES AND FIFTY-NINE SECONDS.
(i) "[staff hours] lost [to] TIME accidents" means [staff hours lost
due to accidents or illegal activity per billion passenger journeys] A
JOB RELATED INCIDENT THAT RESULTS IN THE INABILITY OF AN EMPLOYEE TO
PERFORM FULL JOB DUTIES FOR AT LEAST ONE WORKING DAY BEYOND THE DAY OF
THE INCIDENT. RATES ARE BASED ON LOST TIME ACCIDENTS PER ONE HUNDRED
EMPLOYEES.
S. 6615 4
(j) ["standard journey time" means the ideal journey time calculated
by the metropolitan transportation authority for a particular journey]
"EMPLOYEES' LOST TIME DAYS" MEANS FOR THE COMMUTER RAILROADS THE TOTAL
NUMBER OF CALENDAR DAYS EMPLOYEES' TREATING MEDICAL PROFESSIONALS HAVE
DETERMINED THAT THEY CANNOT WORK DUE TO AN OCCUPATION INJURY OR ILLNESS.
(K) "EMPLOYEE LOST TIME RATE" MEANS FOR THE COMMUTER RAILROADS THE
NUMBER OF OCCUPATIONAL INJURIES OR ILLNESSES PER TWO HUNDRED THOUSAND
EMPLOYEE HOURS WORKED.
[(k)] (L) "terminal on-time performance" means (1) FOR THE SUBWAYS the
percentage of trains arriving at their destination terminals as sched-
uled[. A] WITH A train [may be] counted as on-time if it arrives at its
destination early, on time, or no more than [two] FIVE minutes late, and
has not skipped any planned stops, AND (2) FOR THE COMMUTER RAILROADS
THE PERCENTAGE OF TRAINS ARRIVING AT THEIR FINAL DESTINATION TERMINALS
AS SCHEDULED WITH A TRAIN COUNTED AS ON-TIME IF IT ARRIVES AT ITS DESTI-
NATION EARLY, ON-TIME OR NO MORE THAN FIVE MINUTES AND FIFTY-NINE
SECONDS LATE. PROVIDED THAT THE PERCENTAGE OF TRAINS NOT ARRIVING AT
THEIR FINAL DESTINATIONS SHALL INCLUDE UNSCHEDULED CANCELLATIONS.
(M) "ADDITIONAL DATA" MEANS (1) FOR THE SUBWAYS THE PERCENTAGE OF
TRAINS ARRIVING AT THEIR SCHEDULED TERMINALS BETWEEN FOUR AND FIVE
MINUTES AFTER THEIR SCHEDULED ARRIVAL TIME; (2) FOR THE COMMUTER RAIL-
ROADS THE PERCENTAGE OF TRAINS ARRIVING AT THEIR SCHEDULED TERMINALS
BETWEEN FOUR AND FIVE MINUTES AND FIFTY-NINE SECONDS AFTER THEIR SCHED-
ULED ARRIVAL TIME; AND (3) FOR COMMUTER RAILS THE PERCENTAGE OF
CANCELLED TRAINS.
2. Reporting. The [metropolitan transportation] authority shall take
all practicable measures to collect, compile and publish MEANINGFUL AND
INFORMATIVE performance metrics [of] FOR all [services] CUSTOMER TRIPS
provided by THE New York city transit AUTHORITY subways, [long island
railroad] LONG ISLAND RAIL ROAD and [metro-north] METRO-NORTH COMMUTER
railroad on a [weekly] MONTHLY basis INCLUDING ALL APPLICABLE PERFORM-
ANCE METRICS AS DEFINED IN SUBDIVISION ONE OF THIS SECTION. [These
metrics shall include but not be limited to:
(a) additional platform time;
(b) additional train time;
(c) customer journey time performance;
(d) elevator availability;
(e) escalator availability;
(f) excess journey time;
(g) journey time metric;
(h) major incidents metric;
(i) staff hours lost to accidents; and
(j) terminal on-time performance.] IF THE AUTHORITY CANNOT PRACTICABLY
COLLECT AND COMPILE ANY SUCH PERFORMANCE METRIC FOR A CUSTOMER TRIP
TYPE, IT MAY, SUBJECT TO THE APPROVAL BY THE CHAIRMAN OF THE METROPOL-
ITAN TRANSPORTATION AUTHORITY, SUBSTITUTE AN EQUIVALENT PERFORMANCE
METRIC BASED ON INTERNATIONAL PUBLIC TRANSPORT BENCHMARKING AND BEST
PRACTICES THAT COMPARABLY MEASURES SYSTEM PERFORMANCE AND SERVICE DELIV-
ERY.
3. International benchmarking. (a) The authority shall publish an
annual report presenting the authority's performance in comparison with
other [metros who are members of the community of metros known as CoMET]
NATIONAL AND INTERNATIONAL PEER AGENCIES. This report shall include, but
not be limited to, the following metrics:
(i) total operating cost per car per mile;
(ii) maintenance cost per car per [km] MILE;
S. 6615 5
(iii) passenger journeys per total staff and contractor hours; and
(iv) staff hours lost to accidents.
(b) The authority shall also provide an annual implementation report
to the governor, the temporary president of the senate, the speaker of
the assembly, the minority leader of the assembly and senate, and the
chairs and ranking members of the transportation and corporations,
authorities and commissions committees on or before [December] JANUARY
thirty-first every year, and publish such report on its website.
§ 2. This act shall take effect on the same date and in the same
manner as section 2 of subpart D of part ZZZ of chapter 59 of the laws
of 2019, takes effect.
PART B
Section 1. Subdivision 2 of section 1704 of the vehicle and traffic
law, as added by section 1 of subpart A of part ZZZ of chapter 59 of the
laws of 2019, is amended to read as follows:
2. The central business district tolling program will operate in the
central business district. The central business district shall include
[any roadways, bridges, tunnels, approaches or ramps that are located
within, or enter into,] the geographic area in the borough of Manhattan
south of and inclusive of sixtieth street to the extent practicable but
shall not include the FDR Drive, and New York state route 9A otherwise
known as the "West Side highway" including the Battery Park underpass
and any surface roadway portion of the Hugh L. Carey Tunnel connecting
to West St. The boundaries of the central business district shall not be
modified, expanded, or reduced and shall incorporate the outer bounds of
the aforementioned district to the extent practicable.
§ 2. This act shall take effect on the same date and in the same
manner as section 1 of subpart A of part ZZZ of chapter 59 of the laws
of 2019, takes effect.
PART C
Section 1. Subdivision 1 of section 1279-e of the public authorities
law, as added by section 1 of subpart B of part ZZZ of chapter 59 of the
laws of 2019, is amended to read as follows:
1. (a) Notwithstanding any provision of this title or any other
provision of law, general, special or local, the authority shall develop
and complete a personnel and reorganization plan no later than June
thirtieth, two thousand nineteen which shall, in whole or in part,
assign, transfer, share, or consolidate any one or more of its powers,
duties, functions or activities or any department, division or office
established therewith, or any of those of its subsidiaries, or affil-
iates or their subsidiaries, within or between itself, its subsidiaries
or affiliates or their subsidiaries, including, but not limited to the
New York City Transit Authority, the Long Island Rail Road, the Metro
North Commuter Railroad Company, MTA Capital Construction, MTA New York
City Bus, Triborough bridge and tunnel authority, and the MTA Staten
Island Railway, in a manner consistent with the provisions of this
section. Such plan shall identify common functions and assign, transfer,
share or consolidate, in whole or in part, such functions between the
authority and its subsidiaries, affiliates and subsidiaries of affil-
iates and shall be accompanied by an independent evaluation of existing
personnel within or between itself, its subsidiaries, or affiliates or
their subsidiaries in coordination with the authority's senior manage-
S. 6615 6
ment. THIS PLAN SHALL BE APPROVED BY THE BOARD OF THE AUTHORITY BY JULY
THIRTIETH, TWO THOUSAND NINETEEN. UPON SUCH APPROVAL, THE BOARD SHALL
ALSO APPOINT A DIRECTOR OF MTA TRANSFORMATION WHOSE RESPONSIBILITIES
SHALL INCLUDE IMPLEMENTING THE PERSONNEL AND REORGANIZATION PLAN AND
REPORTING DIRECTLY TO THE BOARD REGARDING THE DIRECTOR'S ACTIVITIES.
(b) Upon receipt of the review pursuant to section twelve hundred
seventy-nine-f of this title the authority shall revise the PERSONNEL
AND reorganization plan to consider and incorporate the findings of such
review within ninety days of receipt. SUCH REVISED PERSONNEL AND REOR-
GANIZATION PLAN SHALL BE APPROVED BY THE BOARD OF THE AUTHORITY.
§ 2. This act shall take effect immediately; and shall be deemed to
have been in full force and effect on the same date and in the same
manner as subpart B of part ZZZ of chapter 59 of the laws of 2019 took
effect.
PART D
Section 1. Paragraph 4 of subdivision (a), paragraph 5 of subdivision
(c) and subdivisions (e) and (m) of section 1111-c of the vehicle and
traffic law, as amended and subdivision (m) as added by section 6 of
part NNN of chapter 59 of the laws of 2018, are amended to read as
follows:
4. Within the city of New York, such bus lane photo devices [shall]
MAY only be operated on designated bus lanes [within the bus rapid tran-
sit program and only from 6:00 a.m. to 10:00 p.m.]. Warning notices of
violation be issued during the first sixty days that bus lane photo
devices are operated on each route in the bus rapid transit program that
is established after June fifteenth, two thousand fifteen.
5. "bus rapid transit program" shall mean [up to ten] routes desig-
nated by the New York city department of transportation in consultation
with the applicable mass transit agency, in addition to the Bus Rapid
Transit Phase I plan routes, that operate on designated bus lanes and
that may include upgraded signage, enhanced road markings, minimum bus
stop spacing, off-board fare payment, traffic signal priority for buses,
and any other enhancement that increases bus speed or reliability.
(e) An owner liable for a violation of a bus lane restriction imposed
on any route within a bus rapid transit program shall be liable for
monetary penalties in accordance with a schedule of fines and penalties
promulgated by the parking violations bureau of the city of New York;
provided, however, that the monetary penalty for violating a bus lane
restriction shall not exceed [one hundred fifteen] FIFTY dollars, ONE
HUNDRED DOLLARS FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD, ONE
HUNDRED FIFTY DOLLARS FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD,
TWO HUNDRED DOLLARS FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH PERIOD,
AND TWO HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT OFFENSE WITHIN A
TWELVE-MONTH PERIOD; provided, further, that an owner shall be liable
for an additional penalty not to exceed twenty-five dollars for each
violation for the failure to respond to a notice of liability within the
prescribed time period.
(m) Any revenue from fines and penalties collected pursuant to this
section from any mobile bus lane photo devices [that were authorized to
be installed pursuant to a chapter of the laws of two thousand eighteen
that added this subdivision], NOT INCLUDING ANY REVENUE SHARED WITH THE
CITY OF NEW YORK PURSUANT TO AGREEMENT shall be remitted by the city of
New York to the applicable mass transit agency on a quarterly basis to
be deposited in the general transportation account of the New York city
S. 6615 7
transportation assistance fund established pursuant to section twelve
hundred seventy-i of the public authorities law.
§ 2. The opening paragraph of section 14 of part II of chapter 59 of
the laws of 2010, amending the vehicle and traffic law and the public
officers law relating to establishing a bus rapid transit demonstration
program to restrict the use of bus lanes by means of bus lane photo
devices, as amended by chapter 239 of the laws of 2015, is amended to
read as follows:
This act shall take effect on the ninetieth day after it shall have
become a law and shall expire [10] 15 years after such effective date
when upon such date the provisions of this act shall be deemed repealed;
and provided that any rules and regulations related to this act shall be
promulgated on or before such effective date, provided that:
§ 3. This act shall take effect immediately; provided that the amend-
ments to section 1111-c of the vehicle and traffic law made by section
one of this act shall not affect the repeal of such section and shall be
deemed repealed therewith. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.
PART E
Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
1263 of the public authorities law, as amended by section 3 of part H of
chapter 25 of the laws of 2009, is amended to read as follows:
(1) There is hereby created the "metropolitan transportation authori-
ty." The authority shall be a body corporate and politic constituting a
public benefit corporation. The authority shall consist of a chairman,
sixteen other voting members, and two non-voting and four alternate
non-voting members, as described in subparagraph two of this paragraph
appointed by the governor by and with the advice and consent of the
senate. Any member appointed to a term commencing on or after June thir-
tieth, two thousand nine shall have experience in one or more of the
following areas: transportation, public administration, business manage-
ment, finance, accounting, law, engineering, land use, urban and
regional planning, management of large capital projects, labor
relations, or have experience in some other area of activity central to
the mission of the authority. Four of the sixteen voting members other
than the chairman shall be appointed on the written recommendation of
the mayor of the city of New York; and each of seven other voting
members other than the chairman shall be appointed after selection from
a written list of three recommendations from the chief executive officer
of the county in which the particular member is required to reside
pursuant to the provisions of this subdivision. Of the members appointed
on recommendation of the chief executive officer of a county, one such
member shall be, at the time of appointment, a resident of the county of
Nassau, one a resident of the county of Suffolk, one a resident of the
county of Westchester, one a resident of the county of Dutchess, one a
resident of the county of Orange, one a resident of the county of Putnam
and one a resident of the county of Rockland, provided that the term of
any member who is a resident of a county that has withdrawn from the
metropolitan commuter transportation district pursuant to section twelve
hundred seventy-nine-b of this [article] TITLE shall terminate upon the
effective date of such county's withdrawal from such district. Of the
five voting members, other than the chairman, appointed by the governor
S. 6615 8
without recommendation from any other person, three shall be, at the
time of appointment, residents of the city of New York and two shall be,
at the time of appointment, residents of such city or of any of the
aforementioned counties in the metropolitan commuter transportation
district. PROVIDED HOWEVER, NOTWITHSTANDING THE FOREGOING RESIDENCY
REQUIREMENT, ONE OF THE FIVE VOTING MEMBERS APPOINTED BY THE GOVERNOR
WITHOUT RECOMMENDATION FROM ANY OTHER PERSON, OTHER THAN THE CHAIRMAN,
MAY BE THE DIRECTOR OF THE NEW YORK STATE DIVISION OF THE BUDGET, AND
PROVIDED FURTHER THAT, IN THE EVENT OF SUCH APPOINTMENT, THE BUDGET
DIRECTOR'S MEMBERSHIP IN THE AUTHORITY SHALL BE DEEMED EX-OFFICIO. The
chairman and each of the members shall be appointed for a term of six
years, provided however, that the chairman first appointed shall serve
for a term ending June thirtieth, nineteen hundred eighty-one, provided
that thirty days after the effective date of the chapter of the laws of
two thousand nine which amended this subparagraph, the term of the
chairman shall expire; provided, further, that such chairman may contin-
ue to discharge the duties of his or her office until the position of
chairman is filled by appointment by the governor upon the advice and
consent of the senate and the term of such new chairman shall terminate
June thirtieth, two thousand fifteen. The sixteen other members first
appointed shall serve for the following terms: The members from the
counties of Nassau and Westchester shall each serve for a term ending
June thirtieth, nineteen hundred eighty-five; the members from the coun-
ty of Suffolk and from the counties of Dutchess, Orange, Putnam and
Rockland shall each serve for a term ending June thirtieth, nineteen
hundred ninety-two; two of the members appointed on recommendation of
the mayor of the city of New York shall each serve for a term ending
June thirtieth, nineteen hundred eighty-four and, two shall each serve
for a term ending June thirtieth, nineteen hundred eighty-one; two of
the members appointed by the governor without the recommendation of any
other person shall each serve for a term ending June thirtieth, nineteen
hundred eighty-two, two shall each serve for a term ending June thirti-
eth, nineteen hundred eighty and one shall serve for a term ending June
thirtieth, nineteen hundred eighty-five. The two non-voting and four
alternate non-voting members shall serve until January first, two thou-
sand one. The members from the counties of Dutchess, Orange, Putnam and
Rockland shall cast one collective vote.
§ 2. Paragraph (a) of subdivision 1 of section 1263 of the public
authorities law, as amended by section 4 of part H of chapter 25 of the
laws of 2009, is amended to read as follows:
(a) There is hereby created the "metropolitan transportation authori-
ty." The authority shall be a body corporate and politic constituting a
public benefit corporation. The authority shall consist of a chairman
and sixteen other members appointed by the governor by and with the
advice and consent of the senate. Any member appointed to a term
commencing on or after June thirtieth, two thousand nine shall have
experience in one or more of the following areas of expertise: trans-
portation, public administration, business management, finance, account-
ing, law, engineering, land use, urban and regional planning, management
of large capital projects, labor relations, or have experience in some
other area of activity central to the mission of the authority. Four of
the sixteen members other than the chairman shall be appointed on the
written recommendation of the mayor of the city of New York; and each of
seven other members other than the chairman shall be appointed after
selection from a written list of three recommendations from the chief
executive officer of the county in which the particular member is
S. 6615 9
required to reside pursuant to the provisions of this subdivision. Of
the members appointed on recommendation of the chief executive officer
of a county, one such member shall be, at the time of appointment, a
resident of the county of Nassau; one a resident of the county of
Suffolk; one a resident of the county of Westchester; and one a resident
of the county of Dutchess, one a resident of the county of Orange, one a
resident of the county of Putnam and one a resident of the county of
Rockland, provided that the term of any member who is a resident of a
county that has withdrawn from the metropolitan commuter transportation
district pursuant to section twelve hundred seventy-nine-b of this
[article] TITLE shall terminate upon the effective date of such county's
withdrawal from such district. Of the five members, other than the
chairman, appointed by the governor without recommendation from any
other person, three shall be, at the time of appointment, residents of
the city of New York and two shall be, at the time of appointment, resi-
dents of such city or of any of the aforementioned counties in the
metropolitan commuter transportation district. PROVIDED HOWEVER,
NOTWITHSTANDING THE FOREGOING RESIDENCY REQUIREMENT, ONE OF THE FIVE
VOTING MEMBERS APPOINTED BY THE GOVERNOR WITHOUT RECOMMENDATION FROM ANY
OTHER PERSON, OTHER THAN THE CHAIRMAN, MAY BE THE DIRECTOR OF THE NEW
YORK STATE DIVISION OF THE BUDGET, AND PROVIDED FURTHER THAT, IN THE
EVENT OF SUCH APPOINTMENT, THE BUDGET DIRECTOR'S MEMBERSHIP IN THE
AUTHORITY SHALL BE DEEMED EX-OFFICIO. The chairman and each of the
members shall be appointed for a term of six years, provided however,
that the chairman first appointed shall serve for a term ending June
thirtieth, nineteen hundred eighty-one, provided that thirty days after
the effective date of the chapter of the laws of two thousand nine which
amended this paragraph, the term of the chairman shall expire; provided,
further, that such chairman may continue to discharge the duties of his
office until the position of chairman is filled by appointment by the
governor upon the advice and consent of the senate and the term of such
new chairman shall terminate June thirtieth, two thousand fifteen. The
sixteen other members first appointed shall serve for the following
terms: The members from the counties of Nassau and Westchester shall
each serve for a term ending June thirtieth, nineteen hundred eighty-
five; the members from the county of Suffolk and from the counties of
Dutchess, Orange, Putnam and Rockland shall each serve for a term ending
June thirtieth, nineteen hundred ninety-two; two of the members
appointed on recommendation of the mayor of the city of New York shall
each serve for a term ending June thirtieth, nineteen hundred eighty-
four and, two shall each serve for a term ending June thirtieth, nine-
teen hundred eighty-one; two of the members appointed by the governor
without the recommendation of any other person shall each serve for a
term ending June thirtieth, nineteen hundred eighty-two, two shall each
serve for a term ending June thirtieth, nineteen hundred eighty and one
shall serve for a term ending June thirtieth, nineteen hundred eighty-
five. The members from the counties of Dutchess, Orange, Putnam and
Rockland shall cast one collective vote.
§ 3. This act shall take effect immediately, provided that the amend-
ments to paragraph (a) of subdivision 1 of section 1263 of the public
authorities law made by section one of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 3 of
chapter 549 of the laws of 1994, as amended, when upon such date the
provisions of section two of this act shall take effect.
PART F
S. 6615 10
Intentionally Omitted
PART G
Section 1. Paragraph (c) of subdivision 16 of section 425 of the real
property tax law, as amended by section 5 of part A of chapter 73 of the
laws of 2016, is amended to read as follows:
(c) If the owners of a parcel that is receiving the STAR exemption
authorized by this section want to claim the personal income tax credit
authorized by subsection (eee) of section six hundred six of the tax law
in lieu of such exemption, they [all must] MAY DO SO BY SWITCHING TO THE
CREDIT IN THE MANNER PROVIDED BY SUBDIVISION SEVENTEEN OF THIS SECTION.
ALTERNATIVELY, THEY MAY renounce that exemption AND MAKE ANY REQUIRED
PAYMENTS in the manner provided by section four hundred ninety-six of
this chapter[, and must pay any required taxes, interest and penalties,
on or before December thirty-first of the taxable year for which they
want to claim the credit]. Any such SWITCH TO THE CREDIT OR renunciation
shall be irrevocable.
§ 2. Section 425 of the real property tax law is amended by adding a
new subdivision 17 to read as follows:
17. SWITCHING TO THE STAR CREDIT. (A) THE COMMISSIONER SHALL DEVELOP
PROCEDURES TO ENABLE PROPERTY OWNERS TO SWITCH FROM THE STAR EXEMPTION
TO THE STAR CREDIT IN AS SIMPLE AND EXPEDITIOUS A MANNER AS PRACTICABLE.
(B) SUCH PROCEDURES MAY ALLOW STAR EXEMPTION RECIPIENTS TO SWITCH TO
THE STAR CREDIT IN THE COURSE OF APPLYING FOR THE STAR CREDIT. WHEN AN
APPLICANT DOES SO, THE COMMISSIONER SHALL ADVISE THE APPROPRIATE ASSES-
SOR AS SOON AS PRACTICABLE THAT SUCH INDIVIDUAL IS SWITCHING OR HAS
SWITCHED TO THE STAR CREDIT, THAT NO FURTHER STAR EXEMPTIONS MAY BE
GRANTED TO THE PROPERTY IN QUESTION AFTER THE SWITCH TAKES EFFECT, AND
IF APPROPRIATE, THAT THE PROPERTY'S STAR EXEMPTION SHOULD BE REMOVED
FROM THE MOST RECENTLY FILED ASSESSMENT ROLL AND/OR THE FORTHCOMING
ASSESSMENT ROLL. THE ASSESSOR OR OTHER PARTY HAVING CUSTODY AND CONTROL
OF THE ASSESSMENT ROLL SHALL THEREUPON BE AUTHORIZED AND DIRECTED TO
PROCEED ACCORDINGLY.
(C) SUCH PROCEDURES MAY ALSO SET FORTH INSTANCES UNDER WHICH THE
COMMISSIONER MAY DIRECT SUCH A SWITCH TO THE STAR CREDIT TO BE DEFERRED
FOR ONE YEAR, WITH THE RESULTING DIFFERENTIAL, IF ANY, TO BE ADDED TO
THE APPLICANT'S INITIAL STAR CREDIT. AS USED IN THIS SUBDIVISION, THE
TERM "RESULTING DIFFERENTIAL" MEANS THE AMOUNT BY WHICH THE STAR CREDIT
THAT THE APPLICANT DID NOT RECEIVE DUE TO THE DEFERRAL OF THE SWITCH
EXCEEDS THE STAR EXEMPTION TAX SAVINGS THAT THE APPLICANT DID RECEIVE
DUE TO THE DEFERRAL OF THE SWITCH. THE COMMISSIONER IS SPECIFICALLY
AUTHORIZED TO DIRECT A SWITCH TO THE STAR CREDIT TO BE SO DEFERRED UNDER
THE FOLLOWING CIRCUMSTANCES:
(I) A STAR CREDIT SWITCH MAY BE DEFERRED IF THE APPLICATION FOR THE
CREDIT IS SUBMITTED AFTER A CUTOFF DATE SET BY THE COMMISSIONER. WHEN
SETTING A CUTOFF DATE, THE COMMISSIONER SHALL TAKE INTO ACCOUNT THE TIME
REQUIRED TO ENSURE THAT THE STAR EXEMPTIONS OF ALL STAR CREDIT APPLI-
CANTS IN THE ASSESSING UNIT WILL BE REMOVED BEFORE SCHOOL TAX BILLS ARE
PREPARED. THE COMMISSIONER SHALL SPECIFY THE APPLICABLE CUTOFF DATES
AFTER TAKING INTO ACCOUNT LOCAL ASSESSMENT CALENDARS, PROVIDED THAT
DIFFERENT CUTOFF DATES MAY BE SET FOR MUNICIPALITIES WITH DIFFERENT
ASSESSMENT CALENDARS, AND PROVIDED FURTHER THAT ANY SUCH CUTOFF DATE MAY
BE NO EARLIER THAN THE FIFTEENTH DAY PRIOR TO THE DATE ON WHICH THE
APPLICABLE FINAL ASSESSMENT ROLL IS REQUIRED BY LAW TO BE COMPLETED AND
FILED.
S. 6615 11
(II) A STAR CREDIT SWITCH MAY BE DEFERRED IF THE APPLICATION IS
SUBMITTED AFTER SCHOOL TAX BILLS HAVE BEEN PREPARED, BUT BEFORE THE
FIRST DAY OF JANUARY OF THE FOLLOWING YEAR, OR SUCH LATER DATE AS THE
COMMISSIONER SHALL ESTABLISH.
(III) A STAR CREDIT SWITCH MAY BE DEFERRED IF THE APPLICANT'S STAR
EXEMPTION IS NOT REMOVED FROM THE APPLICABLE ASSESSMENT ROLL IN A TIMELY
MANNER DUE TO INADVERTENCE OR OTHER REASONS.
(D) SUCH PROCEDURES MAY ALSO PROVIDE THAT BASIC STAR EXEMPTION RECIPI-
ENTS WHOSE INCOMES EXCEEDS THE LIMIT APPLICABLE TO THAT EXEMPTION MAY BE
AUTOMATICALLY ENROLLED IN AND SWITCHED TO THE BASIC STAR CREDIT IF THEIR
INCOMES DO NOT EXCEED THE LIMIT APPLICABLE TO THAT CREDIT. EACH AFFECTED
INDIVIDUAL SHALL BE NOTIFIED OF THE SWITCH AS SOON AS PRACTICABLE. EACH
SUCH NOTICE SHALL ALSO ADVISE THE INDIVIDUAL EITHER THAT THE COMMISSION-
ER HAS DETERMINED THAT THE INDIVIDUAL IS ELIGIBLE FOR THE CREDIT, OR
THAT THE INDIVIDUAL MUST FURNISH ADDITIONAL INFORMATION TO ENABLE THE
COMMISSIONER TO DETERMINE THE INDIVIDUAL'S ELIGIBILITY, AS THE CASE MAY
BE. IN EITHER CASE, ONCE THE INDIVIDUAL RECEIVES A STAR CREDIT CHECK AND
DEPOSITS OR ENDORSES IT, HE OR SHE SHALL BE DEEMED TO HAVE CONSENTED TO
THE SWITCH AND SHALL NOT BE PERMITTED TO SWITCH BACK TO THE EXEMPTION.
§ 3. Subdivision 1 of section 510-a of the real property tax law, as
amended by chapter 386 of the laws of 2003, is amended to read as
follows:
1. Notwithstanding the provisions of any general, special or local law
to the contrary, the assessors in towns, counties, and cities, having
power to determine the taxable status of property for tax purposes
shall, not later than ten days prior to the date for hearing complaints
in relation to assessments, or in the case of the city of New York, not
later than thirty days prior to the final date for filing an appeal,
mail to each owner of such real property in their town, city or county a
notice of change which said assessors have made in the taxable status of
such property from the status of (a) wholly exempt to taxable in whole
or in part or (b) taxable in part to taxable in whole. Such notice shall
include a statement of the date or dates and times at which the board of
assessment review shall meet to hear complaints with respect to assess-
ments. PROVIDED, HOWEVER, THAT NO SUCH NOTICE SHALL BE REQUIRED WHEN A
STAR EXEMPTION HAS BEEN REMOVED UPON THE REQUEST OF THE PROPERTY OWNER
OR AT THE DIRECTION OF THE COMMISSIONER.
§ 4. Paragraph 5 of subsection (eee) of section 606 of the tax law, as
amended by section 4 of part TT of chapter 59 of the laws of 2019, is
amended to read as follows:
(5) Disqualification. A taxpayer shall not qualify for the credit
authorized by this subsection if the parcel that serves as the taxpay-
er's primary residence received the STAR exemption on the assessment
roll upon which school district taxes for the associated fiscal year
were levied. Provided, however, that the taxpayer may remove this
disqualification by SWITCHING TO THE CREDIT IN THE MANNER PROVIDED BY
SUBDIVISION SEVENTEEN OF SECTION FOUR HUNDRED TWENTY-FIVE OF THE REAL
PROPERTY TAX LAW. ALTERNATIVELY, THE TAXPAYER MAY REMOVE THIS DISQUALI-
FICATION BY renouncing the exemption [by December thirty-first of the
taxable year, as provided by subdivision sixteen of section four hundred
twenty-five of the real property tax law,] and making any required
payments [within the time frame prescribed] IN THE MANNER PROVIDED by
section four hundred ninety-six of the real property tax law. ANY SUCH
SWITCH TO THE CREDIT OR RENUNCIATION SHALL BE IRREVOCABLE.
§ 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019.
S. 6615 12
PART H
Section 1. This act enacts into law components of legislation relating
to film and entertainment industry tax credits. Each component is wholly
contained within a Subpart identified as Subparts A through B. The
effective date for each particular provision contained within such
Subpart is set forth in the last section of such Subpart. Any provision
in any section contained within a Subpart, including the effective date
of the Subpart, which makes a reference to a section "of this act", when
used in connection with that particular component, shall be deemed to
mean and refer to the corresponding section of the Subpart in which it
is found. Section three of this act sets forth the general effective
date of this act.
SUBPART A
Section 1. The state finance law is amended by adding a new section
97-ff to read as follows:
§ 97-FF. EMPIRE STATE ENTERTAINMENT DIVERSITY JOB TRAINING DEVELOPMENT
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER, A SPECIAL FUND
TO BE KNOWN AS THE EMPIRE STATE ENTERTAINMENT DIVERSITY JOB TRAINING
DEVELOPMENT FUND.
2. SUCH FUND SHALL CONSIST OF THE FUNDS TRANSFERRED BY THE COMPTROLLER
TO THE FUND FROM THE GENERAL FUND WITHOUT APPROPRIATION, AS DETERMINED
UNDER SUBDIVISION (F) OF SECTION TWENTY-FOUR AND SUBDIVISION (E) OF
SECTION THIRTY-ONE OF THE TAX LAW. NOTHING CONTAINED HEREIN SHALL
PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS, OR BEQUESTS FOR THE FUND
AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
3. MONIES IN THE FUND SHALL BE EXPENDED ONLY FOR JOB CREATION AND
TRAINING PROGRAMS APPROVED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT
THAT SUPPORT EFFORTS TO RECRUIT, HIRE, PROMOTE, RETAIN, DEVELOP AND
TRAIN A DIVERSE AND INCLUSIVE WORKFORCE AS PRODUCTION COMPANY EMPLOYEES
IN THE MOTION PICTURE AND TELEVISION INDUSTRY WITHIN THE STATE OF NEW
YORK INCLUDING, BUT NOT LIMITED TO, THOSE PROGRAMS THAT PROMOTE DEVELOP-
MENT IN ECONOMICALLY DISTRESSED AREAS OF THE STATE. THE COMMISSIONER OF
ECONOMIC DEVELOPMENT SHALL PROMULGATE REGULATIONS THAT SET FORTH RELE-
VANT DEFINITIONS, MINIMUM STANDARDS AND CRITERIA FOR SUCH FUND AND
ELIGIBLE TRAINING PROGRAMS.
4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER
OF ECONOMIC DEVELOPMENT.
§ 2. Section 24 of the tax law is amended by adding a new subdivision
(f) to read as follows:
(F) (1) WITH REGARD TO CERTIFICATES OF TAX CREDIT ISSUED ON OR AFTER
JANUARY FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER OF ECONOMIC DEVEL-
OPMENT SHALL REDUCE BY ONE-QUARTER OF ONE PERCENT THE AMOUNT OF CREDIT
ALLOWED TO A TAXPAYER AND THIS REDUCED AMOUNT SHALL BE REPORTED ON A
CERTIFICATE OF TAX CREDIT ISSUED PURSUANT TO THIS SECTION AND THE REGU-
LATIONS PROMULGATED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT TO
IMPLEMENT THIS CREDIT PROGRAM.
(2) BY JANUARY THIRTY-FIRST OF EACH YEAR, THE COMMISSIONER OF ECONOMIC
DEVELOPMENT SHALL REPORT TO THE COMPTROLLER THE TOTAL AMOUNT OF SUCH
REDUCTIONS OF TAX CREDIT DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR.
ON OR BEFORE MARCH THIRTY-FIRST OF EACH YEAR, THE COMPTROLLER SHALL
TRANSFER WITHOUT APPROPRIATIONS FROM THE GENERAL FUND TO THE EMPIRE
S. 6615 13
STATE ENTERTAINMENT DIVERSITY JOB TRAINING DEVELOPMENT FUND ESTABLISHED
UNDER SECTION NINETY-SEVEN-FF OF THE STATE FINANCE LAW AN AMOUNT EQUAL
TO THE TOTAL AMOUNT OF SUCH REDUCTIONS REPORTED BY THE COMMISSIONER OF
ECONOMIC DEVELOPMENT FOR THE IMMEDIATELY PRECEDING CALENDAR YEAR.
(3) NOTWITHSTANDING PARAGRAPH TWO OF THIS SUBDIVISION, THE FOLLOWING
PROVISIONS SHALL APPLY WITH RESPECT TO REDUCTIONS OF TAX CREDIT IN TWO
THOUSAND TWENTY. (I) THE COMMISSIONER OF ECONOMIC DEVELOPMENT SHALL
REPORT TO THE COMPTROLLER BY JUNE FIRST, TWO THOUSAND TWENTY THE TOTAL
AMOUNT OF SUCH REDUCTIONS OF TAX CREDIT DURING THE PERIOD OF JANUARY
FIRST, TWO THOUSAND TWENTY THROUGH MAY FIFTEENTH, TWO THOUSAND TWENTY.
ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY, THE COMPTROLLER SHALL
TRANSFER WITHOUT APPROPRIATIONS FROM THE GENERAL FUND TO THE EMPIRE
STATE ENTERTAINMENT DIVERSITY JOB TRAINING DEVELOPMENT FUND AN AMOUNT
EQUAL TO THE TOTAL AMOUNT OF SUCH REDUCTIONS REPORTED BY THE COMMISSION-
ER OF ECONOMIC DEVELOPMENT FOR THE PERIOD OF JANUARY FIRST, TWO THOUSAND
TWENTY THROUGH MAY FIFTEENTH, TWO THOUSAND TWENTY. (II) BY JANUARY THIR-
TY-FIRST, TWO THOUSAND TWENTY-ONE, THE COMMISSIONER OF ECONOMIC DEVELOP-
MENT SHALL REPORT TO THE COMPTROLLER THE TOTAL AMOUNT OF SUCH REDUCTIONS
OF TAX CREDIT DURING THE PERIOD OF MAY SIXTEENTH, TWO THOUSAND TWENTY
THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY. ON OR BEFORE MARCH
THIRTY-FIRST, TWO THOUSAND TWENTY-ONE, THE COMPTROLLER SHALL TRANSFER
WITHOUT APPROPRIATIONS FROM THE GENERAL FUND TO THE EMPIRE STATE ENTER-
TAINMENT DIVERSITY JOB TRAINING DEVELOPMENT FUND AN AMOUNT EQUAL TO THE
TOTAL AMOUNT OF SUCH REDUCTIONS REPORTED BY THE COMMISSIONER OF ECONOMIC
DEVELOPMENT FOR THE PERIOD OF MAY SIXTEENTH, TWO THOUSAND TWENTY THROUGH
DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY.
§ 3. Section 31 of the tax law, as added by section 12 of part Q of
chapter 57 of the laws of 2010, is amended by adding a new subdivision
(e) to read as follows:
(E) WITH REGARD TO CERTIFICATES OF TAX CREDIT ISSUED ON OR AFTER JANU-
ARY FIRST, TWO THOUSAND TWENTY, THE COMMISSIONER OF ECONOMIC DEVELOPMENT
SHALL REDUCE BY ONE-QUARTER OF ONE PERCENT THE AMOUNT OF CREDIT ALLOWED
TO A TAXPAYER AND THIS REDUCED AMOUNT SHALL BE REPORTED ON A CERTIFICATE
OF TAX CREDIT ISSUED PURSUANT TO THIS SECTION AND THE REGULATIONS
PROMULGATED BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT TO IMPLEMENT
THIS CREDIT PROGRAM. SUCH REDUCTIONS IN TAX CREDIT SHALL BE DEPOSITED
INTO THE EMPIRE STATE ENTERTAINMENT DIVERSITY JOB TRAINING DEVELOPMENT
FUND AS PROVIDED IN SUBDIVISION (F) OF SECTION TWENTY-FOUR OF THIS ARTI-
CLE.
§ 4. This act shall take effect immediately.
SUBPART B
Section 1. Paragraph 5 of subdivision (b) of section 24 of the tax
law, as amended by section 8 of part Q of chapter 57 of the laws of
2010, is amended to read as follows:
(5) "Qualified film production facility" shall mean a film production
facility in the state, which contains at least one sound stage having a
minimum of seven thousand square feet of contiguous production space,
provided, however, that except with respect to a qualified film
production facility being used by a qualified independent film
production company: (i) a film production facility in the city of New
York must contain at least one sound stage having a minimum of seven
thousand square feet of contiguous production space that is sound proof
with a Noise Criteria ("NC") of 30 or better, has sufficient heating and
air conditioning for shooting without the need for supplemental units,
S. 6615 14
incorporates a permanent grid and sufficient built-in electric service
for shooting without the need for generators, and is column-free with a
clear height of at least sixteen feet under the permanent grid FOR
FACILITIES CONSTRUCTED ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN,
AND AT LEAST TWELVE FEET UNDER THE PERMANENT GRID FOR FACILITIES
CONSTRUCTED BEFORE JANUARY FIRST, TWO THOUSAND NINETEEN; and (ii) an
armory owned by the state or city of New York located in the city of New
York that does not satisfy the criteria of subparagraph (i) of this
paragraph shall be treated as a qualified film production facility upon
certification by the governor's office of motion picture and television
development of a petition submitted to that office by a qualified film
production company establishing that no qualified film production facil-
ity is available in the city of New York that has stage space available
for shooting such company's film. Such petition shall be submitted no
later than ninety days prior to the start of principal photography for
the qualified film and the governor's office of motion picture and tele-
vision development shall have ten days to certify or reject the peti-
tion. A stage will be deemed unavailable if consideration has been paid
for its use or such stage is currently under an agreement with an option
for use and, in either circumstance, such period of use includes the
petitioner's estimated start date of principal photography.
§ 2. This act shall take effect immediately and apply to property
placed in service, and uses of tangible property and performance of
services at qualified film production facilities on and after January 1,
2019.
§ 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of all further judicial review, the
judgment shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through B of this act shall
be as specifically set forth in the last section of such Subparts.
PART I
Section 1. Paragraph (b) of subdivision 6-a of section 208 of the tax
law, as amended by section 1 of part KK of chapter 59 of the laws of
2018, is amended to read as follows:
(b) "Exempt CFC income" means (i) except to the extent described in
subparagraph (ii) of this paragraph, the income required to be included
in the taxpayer's federal gross income pursuant to subsection (a) of
section 951 of the internal revenue code, received from a corporation
that is conducting a unitary business with the taxpayer but is not
included in a combined report with the taxpayer, [and] (ii) such income
required to be included in the taxpayer's federal gross income pursuant
to subsection (a) of such section 951 of the internal revenue code by
reason of subsection (a) of section 965 of the internal revenue code, as
adjusted by subsection (b) of section 965 of the internal revenue code,
and without regard to subsection (c) of such section, received from a
corporation that is not included in a combined report with the taxpayer,
AND (III) NINETY-FIVE PERCENT OF THE INCOME REQUIRED TO BE INCLUDED IN
THE TAXPAYER'S FEDERAL GROSS INCOME PURSUANT TO SUBSECTION (A) OF
SECTION 951A OF THE INTERNAL REVENUE CODE, WITHOUT REGARD TO THE
S. 6615 15
DEDUCTION UNDER SECTION 250 OF THE INTERNAL REVENUE CODE, RECEIVED FROM
A CORPORATION THAT IS NOT INCLUDED IN A COMBINED REPORT WITH THE TAXPAY-
ER, less, [(iii)] (IV) in the discretion of the commissioner, any inter-
est deductions directly or indirectly attributable to that income. In
lieu of subtracting from its exempt CFC income the amount of those
interest deductions, the taxpayer may make a revocable election to
reduce its total exempt CFC income by forty percent. If the taxpayer
makes this election, the taxpayer must also make the elections provided
for in paragraph (b) of subdivision six of this section and paragraph
(c) of this subdivision. If the taxpayer subsequently revokes this
election, the taxpayer must revoke the elections provided for in para-
graph (b) of subdivision six of this section and paragraph (c) of this
subdivision. A taxpayer which does not make this election because it has
no exempt CFC income will not be precluded from making those other
elections. The income described in [subparagraph] SUBPARAGRAPHS (ii) AND
(III) of this paragraph shall not constitute investment income. THE
INCOME DESCRIBED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH SHALL NOT
CONSTITUTE EXEMPT UNITARY CORPORATION DIVIDENDS.
§ 2. Paragraph (b) of subdivision 9 of section 208 of the tax law is
amended by adding a new subparagraph 25 to read as follows:
(25) THE AMOUNT OF ANY FEDERAL DEDUCTION ALLOWED PURSUANT TO SECTION
250(A)(1)(B)(I) OF THE INTERNAL REVENUE CODE.
§ 3. Subdivision 5-a of section 210-A of the tax law, as added by
section 1 of part C of chapter 59 of the laws of 2019, is amended to
read as follows:
5-a. [Net global] GLOBAL intangible low-taxed income. (A) Notwith-
standing any other provision of this section, [net] global intangible
low-taxed income shall be included in the apportionment fraction as
provided in this subdivision. [Receipts constituting net]
(B) FOR NEW YORK C CORPORATIONS, global intangible low-taxed income
shall not be included in the numerator of the apportionment fraction.
[Receipts constituting net] FIVE PERCENT of global intangible low-taxed
income shall be included in the denominator of the apportionment frac-
tion.
(C) FOR NEW YORK S CORPORATIONS, GLOBAL INTANGIBLE LOW-TAXED INCOME
SHALL NOT BE INCLUDED IN THE NUMERATOR OF THE APPORTIONMENT FRACTION.
GLOBAL INTANGIBLE LOW-TAXED INCOME SHALL BE INCLUDED IN THE DENOMINATOR
OF THE APPORTIONMENT FRACTION.
(D) For purposes of this subdivision, the term "[net] global intangi-
ble low-taxed income" means the amount required to be included in the
taxpayer's federal gross income pursuant to subsection (a) of section
951A of the internal revenue code [less the amount of the deduction
allowed under clause (i) of section 250(a)(1)(B) of such code].
§ 4. Paragraph 1 of subdivision (b) of section 1503 of the tax law is
amended by adding two new subparagraphs (U) and (V) to read as follows:
(U) TO THE EXTENT NOT EXCLUDED FROM INCOME PURSUANT TO SUBPARAGRAPH
(A) OF THIS PARAGRAPH, NINETY-FIVE PERCENT OF THE INCOME REQUIRED TO BE
INCLUDED IN THE TAXPAYER'S FEDERAL GROSS INCOME PURSUANT TO SUBSECTION
(A) OF SECTION 951A OF THE INTERNAL REVENUE CODE, WITHOUT REGARD TO THE
DEDUCTION UNDER SECTION 250 OF THE INTERNAL REVENUE CODE, THAT IS GENER-
ATED BY A CORPORATION THAT IS NOT INCLUDED IN A COMBINED REPORT WITH THE
TAXPAYER.
(V) TO THE EXTENT NOT EXCLUDED FROM INCOME PURSUANT TO SUBPARAGRAPH
(A) OR (B) OF THIS PARAGRAPH, ANY AMOUNT TREATED AS A DIVIDEND RECEIVED
BY THE TAXPAYER UNDER SECTION 78 OF THE INTERNAL REVENUE CODE THAT IS
ATTRIBUTABLE TO THE INCOME REQUIRED TO BE INCLUDED IN THE TAXPAYER'S
S. 6615 16
FEDERAL GROSS INCOME PURSUANT TO SUBSECTION (A) OF SECTION 951A OF SUCH
CODE.
§ 5. Paragraph 2 of subdivision (b) of section 1503 of the tax law is
amended by adding a new subparagraph (Y) to read as follows:
(Y) THE AMOUNT OF THE FEDERAL DEDUCTION ALLOWED PURSUANT TO SECTION
250(A)(1)(B) OF THE INTERNAL REVENUE CODE.
§ 6. Subparagraph (H) of paragraph 2 of subdivision (b) of section
1503 of the tax law, as amended by section 4-e of part KK of chapter 59
of the laws of 2018, is amended to read as follows:
(H) in the discretion of the commissioner, any amount of interest
directly or indirectly and any other amount directly attributable as a
carrying charge or otherwise to subsidiary capital or to income, gains
or losses from subsidiary capital, or to the income described in
[subparagraph] SUBPARAGRAPHS (S), (U) AND (V) of paragraph one of this
subdivision;
§ 7. This act shall take effect immediately and apply to taxable years
beginning on or after January 1, 2019.
PART J
Section 1. Subparagraph (iv) of paragraph 8 of subdivision (b) of
section 1101 of the tax law, as added by chapter 61 of the laws of 1989,
is amended to read as follows:
(iv) For purposes of clause (E) of subparagraph (i) of this paragraph,
a person shall be presumed to be regularly or systematically soliciting
business in this state if, for the immediately preceding four quarterly
periods ending on the last day of February, May, August and November,
the cumulative total of such person's gross receipts from sales of prop-
erty delivered in this state exceeds [three] FIVE hundred thousand
dollars and such person made more than one hundred sales of property
delivered in this state, unless such person can demonstrate, to the
satisfaction of the commissioner, that he cannot reasonably be expected
to have gross receipts in excess of [three] FIVE hundred thousand
dollars or more than one hundred sales of property delivered in this
state for the next succeeding four quarterly periods ending on the last
day of February, May, August and November.
§ 2. Paragraph 1 of subdivision (e) of section 1101 of the tax law, as
added by section 1 of part G of chapter 59 of the laws of 2019, is
amended to read as follows:
(1) Marketplace provider. A person who, pursuant to an agreement with
a marketplace seller, facilitates sales of tangible personal property by
such marketplace seller or sellers. A person "facilitates a sale of
tangible personal property" for purposes of this paragraph when the
person meets both of the following conditions: (A) such person provides
the forum in which, or by means of which, the sale takes place or the
offer of sale is accepted, including a shop, store, or booth, an inter-
net website, catalog, or similar forum; and (B) such person or an affil-
iate of such person collects the receipts paid by a customer to a
marketplace seller for a sale of tangible personal property, or
contracts with a third party to collect such receipts. For purposes of
this paragraph, a "sale of tangible personal property" shall not include
the rental of a passenger car as described in section eleven hundred
sixty of this chapter but shall include a lease described in subdivision
(i) of section eleven hundred eleven of this article. For purposes of
this paragraph, persons are affiliated if one person has an ownership
interest of more than five percent, whether direct or indirect, in
S. 6615 17
another, or where an ownership interest of more than five percent,
whether direct or indirect, is held in each of such persons by another
person or by a group of other persons that are affiliated persons with
respect to each other. Notwithstanding anything in this paragraph, a
person who is not otherwise registered pursuant to section eleven
hundred thirty four of this article is not a marketplace provider if
such person has no physical presence in New York and, for the immediate-
ly preceding four quarterly periods ending on the last day of February,
May, August and November, can show that the cumulative total gross
receipts of sales it has made or facilitated of property delivered in
this state does not exceed [three] FIVE hundred thousand dollars or that
such person has not made or facilitated more than one hundred sales of
property delivered in this state. However, such person may elect to
register as a marketplace provider, and, once registered, will be
subject to the provisions of this article.
§ 3. Any person who is a vendor solely by reason of clause (E) of
subparagraph (i) of paragraph (8) of subdivision (b) of section eleven
hundred one of the tax law, is registered to collect New York state and
local sales and use taxes, and in good faith collected and remitted
sales tax at the incorrect local rate, imposed pursuant to the authority
of article 29 of the tax law, shall be liable for the additional sales
tax due at such local rate but shall not be liable for any interest or
penalties on such uncollected sales tax.
Such relief from interest and penalties shall apply only to sales made
by such person in the immediately succeeding four quarterly periods
ending in February, May, August and November, after the date on which
such person becomes a "person required to collect tax" as defined in
subdivision (1) of section 1131 of the tax law.
§ 4. This act shall take effect immediately; provided however,
sections one and three of this act shall be deemed to have been in full
force and effect on and after June 21, 2018 and section two of this act
shall be deemed to have been in full force and effect on and after June
1, 2019.
PART K
Section 1. Subdivision (b) of section 11 of chapter 329 of the laws of
1991, amending the state finance law and other laws relating to the
establishment of the dedicated highway and bridge trust fund, as amended
by section 30 of part TTT of chapter 59 of the laws of 2019, is amended
to read as follows:
(b) Any service contract or contracts for projects authorized pursuant
to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
14-k of the transportation law, and entered into pursuant to subdivision
(a) of this section, shall provide for state commitments to provide
annually to the thruway authority a sum or sums, upon such terms and
conditions as shall be deemed appropriate by the director of the budget,
to fund, or fund the debt service requirements of any bonds or any obli-
gations of the thruway authority issued to fund or to reimburse the
state for funding such projects having a cost not in excess of ten
billion [seven hundred thirty-nine million four hundred seventy-eight
thousand dollars $10,739,478,000] EIGHT HUNDRED FIVE MILLION SEVEN
HUNDRED SEVENTY-EIGHT THOUSAND DOLLARS $10,805,778,000 cumulatively by
the end of fiscal year 2019-20.
S. 6615 18
§ 2. Subdivision 1 of section 1689-i of the public authorities law, as
amended by section 31 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
1. The dormitory authority is authorized to issue bonds, at the
request of the commissioner of education, to finance eligible library
construction projects pursuant to section two hundred seventy-three-a of
the education law, in amounts certified by such commissioner not to
exceed a total principal amount of two hundred [thirty-one] FIFTY-ONE
million dollars [$231,000,000] $251,000,000.
§ 3. Section 44 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
amended by section 33 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
§ 44. Issuance of certain bonds or notes. 1. Notwithstanding the
provisions of any other law to the contrary, the dormitory authority and
the corporation are hereby authorized to issue bonds or notes in one or
more series for the purpose of funding project costs for the regional
economic development council initiative, the economic transformation
program, state university of New York college for nanoscale and science
engineering, projects within the city of Buffalo or surrounding envi-
rons, the New York works economic development fund, projects for the
retention of professional football in western New York, the empire state
economic development fund, the clarkson-trudeau partnership, the New
York genome center, the cornell university college of veterinary medi-
cine, the olympic regional development authority, projects at nano
Utica, onondaga county revitalization projects, Binghamton university
school of pharmacy, New York power electronics manufacturing consortium,
regional infrastructure projects, high tech innovation and economic
development infrastructure program, high technology manufacturing
projects in Chautauqua and Erie county, an industrial scale research and
development facility in Clinton county, upstate revitalization initi-
ative projects, downstate revitalization initiative, market New York
projects, fairground buildings, equipment or facilities used to house
and promote agriculture, the state fair, the empire state trail, the
moynihan station development project, the Kingsbridge armory project,
strategic economic development projects, the cultural, arts and public
spaces fund, water infrastructure in the city of Auburn and town of
Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, LAKE ONTARIO
REGIONAL PROJECTS, PENNSYLVANIA STATION AND OTHER TRANSIT PROJECTS and
other state costs associated with such projects. The aggregate principal
amount of bonds authorized to be issued pursuant to this section shall
not exceed nine billion [two] EIGHT hundred [eleven] TWENTY-ONE million
six hundred thirty-six thousand dollars [$9,211,636,000] $9,821,636,000,
excluding bonds issued to fund one or more debt service reserve funds,
to pay costs of issuance of such bonds, and bonds or notes issued to
refund or otherwise repay such bonds or notes previously issued. Such
bonds and notes of the dormitory authority and the corporation shall not
be a debt of the state, and the state shall not be liable thereon, nor
shall they be payable out of any funds other than those appropriated by
the state to the dormitory authority and the corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
S. 6615 19
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
2. Notwithstanding any other provision of law to the contrary, in
order to assist the dormitory authority and the corporation in undertak-
ing the financing for project costs for the regional economic develop-
ment council initiative, the economic transformation program, state
university of New York college for nanoscale and science engineering,
projects within the city of Buffalo or surrounding environs, the New
York works economic development fund, projects for the retention of
professional football in western New York, the empire state economic
development fund, the clarkson-trudeau partnership, the New York genome
center, the cornell university college of veterinary medicine, the olym-
pic regional development authority, projects at nano Utica, onondaga
county revitalization projects, Binghamton university school of pharma-
cy, New York power electronics manufacturing consortium, regional
infrastructure projects, New York State Capital Assistance Program for
Transportation, infrastructure, and economic development, high tech
innovation and economic development infrastructure program, high tech-
nology manufacturing projects in Chautauqua and Erie county, an indus-
trial scale research and development facility in Clinton county, upstate
revitalization initiative projects, downstate revitalization initiative,
market New York projects, fairground buildings, equipment or facilities
used to house and promote agriculture, the state fair, the empire state
trail, the moynihan station development project, the Kingsbridge armory
project, strategic economic development projects, the cultural, arts and
public spaces fund, water infrastructure in the city of Auburn and town
of Owasco, a life sciences laboratory public health initiative, not-for-
profit pounds, shelters and humane societies, arts and cultural facili-
ties improvement program, restore New York's communities initiative,
heavy equipment, economic development and infrastructure projects,
Roosevelt Island operating corporation capital projects, LAKE ONTARIO
REGIONAL PROJECTS, PENNSYLVANIA STATION AND OTHER TRANSIT PROJECTS and
other state costs associated with such projects the director of the
budget is hereby authorized to enter into one or more service contracts
with the dormitory authority and the corporation, none of which shall
exceed thirty years in duration, upon such terms and conditions as the
director of the budget and the dormitory authority and the corporation
agree, so as to annually provide to the dormitory authority and the
corporation, in the aggregate, a sum not to exceed the principal, inter-
est, and related expenses required for such bonds and notes. Any service
contract entered into pursuant to this section shall provide that the
obligation of the state to pay the amount therein provided shall not
constitute a debt of the state within the meaning of any constitutional
or statutory provision and shall be deemed executory only to the extent
of monies available and that no liability shall be incurred by the state
beyond the monies available for such purpose, subject to annual appro-
priation by the legislature. Any such contract or any payments made or
to be made thereunder may be assigned and pledged by the dormitory
authority and the corporation as security for its bonds and notes, as
authorized by this section.
§ 4. Subdivision 1 of section 386-b of the public authorities law, as
amended by section 37 of part TTT of chapter 59 of the laws of 2019, is
amended to read as follows:
1. Notwithstanding any other provision of law to the contrary, the
authority, the dormitory authority and the urban development corporation
S. 6615 20
are hereby authorized to issue bonds or notes in one or more series for
the purpose of financing peace bridge projects and capital costs of
state and local highways, parkways, bridges, the New York state thruway,
Indian reservation roads, and facilities, and transportation infrastruc-
ture projects including aviation projects, non-MTA mass transit
projects, and rail service preservation projects, including work appur-
tenant and ancillary thereto. The aggregate principal amount of bonds
authorized to be issued pursuant to this section shall not exceed four
billion six hundred [twenty-eight] FORTY-EIGHT million dollars
[$4,628,000,000] $4,648,000,000, excluding bonds issued to fund one or
more debt service reserve funds, to pay costs of issuance of such bonds,
and to refund or otherwise repay such bonds or notes previously issued.
Such bonds and notes of the authority, the dormitory authority and the
urban development corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the authority, the
dormitory authority and the urban development corporation for principal,
interest, and related expenses pursuant to a service contract and such
bonds and notes shall contain on the face thereof a statement to such
effect. Except for purposes of complying with the internal revenue code,
any interest income earned on bond proceeds shall only be used to pay
debt service on such bonds.
§ 5. Subdivision 1 of section 50 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 45 of part TTT of chapter 59 of the
laws of 2019, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the urban development corporation are hereby
authorized to issue bonds or notes in one or more series for the purpose
of funding project costs undertaken by or on behalf of special act
school districts, state-supported schools for the blind and deaf,
approved private special education schools, non-public schools, communi-
ty centers, day care facilities, RESIDENTIAL CAMPS, DAY CAMPS, and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed one hundred [ten] THIRTY million dollars [$110,000,000]
$130,000,000, excluding bonds issued to fund one or more debt service
reserve funds, to pay costs of issuance of such bonds, and bonds or
notes issued to refund or otherwise repay such bonds or notes previously
issued. Such bonds and notes of the dormitory authority and the urban
development corporation shall not be a debt of the state, and the state
shall not be liable thereon, nor shall they be payable out of any funds
other than those appropriated by the state to the dormitory authority
and the urban development corporation for principal, interest, and
related expenses pursuant to a service contract and such bonds and notes
shall contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 6. Subdivision 1 of section 49 of section 1 of chapter 174 of the
laws of 1968, constituting the New York state urban development corpo-
ration act, as amended by section 46-a of part TTT of chapter 59 of the
laws of 2019, is amended to read as follows:
1. Notwithstanding the provisions of any other law to the contrary,
the dormitory authority and the corporation are hereby authorized to
issue bonds or notes in one or more series for the purpose of funding
S. 6615 21
project costs for the state and municipal facilities program and other
state costs associated with such capital projects. The aggregate princi-
pal amount of bonds authorized to be issued pursuant to this section
shall not exceed two billion [four] SEVEN hundred [thirteen] NINETY-
EIGHT million five hundred thousand dollars, excluding bonds issued to
fund one or more debt service reserve funds, to pay costs of issuance of
such bonds, and bonds or notes issued to refund or otherwise repay such
bonds or notes previously issued. Such bonds and notes of the dormitory
authority and the corporation shall not be a debt of the state, and the
state shall not be liable thereon, nor shall they be payable out of any
funds other than those appropriated by the state to the dormitory
authority and the corporation for principal, interest, and related
expenses pursuant to a service contract and such bonds and notes shall
contain on the face thereof a statement to such effect. Except for
purposes of complying with the internal revenue code, any interest
income earned on bond proceeds shall only be used to pay debt service on
such bonds.
§ 7. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
(iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
ter 63 of the laws of 2005, relating to the composition and responsibil-
ities of the New York state higher education capital matching grant
board, as amended by section 59 of part BBB of chapter 59 of the laws of
2018, are amended to read as follows:
(b) Within amounts appropriated therefor, the board is hereby author-
ized and directed to award matching capital grants totaling [two hundred
seventy] THREE HUNDRED million dollars, $300,000,000. Each college shall
be eligible for a grant award amount as determined by the calculations
pursuant to subdivision five of this section. In addition, such colleges
shall be eligible to compete for additional funds pursuant to paragraph
(h) of subdivision four of this section.
(B) The dormitory authority shall not issue any bonds or notes in an
amount in excess of [two hundred seventy] THREE HUNDRED million dollars,
$300,000,000 for the purposes of this section; excluding bonds or notes
issued to fund one or more debt service reserve funds, to pay costs of
issuance of such bonds, and bonds or notes issued to refund or otherwise
repay such bonds or notes previously issued. Except for purposes of
complying with the internal revenue code, any interest on bond proceeds
shall only be used to pay debt service on such bonds.
§ 8. Paragraph (a) of subdivision 2 of section 47-e of the private
housing finance law, as amended by section 29 of part TTT of chapter 59
of the laws of 2019, is amended to read as follows:
(a) Subject to the provisions of chapter fifty-nine of the laws of two
thousand, in order to enhance and encourage the promotion of housing
programs and thereby achieve the stated purposes and objectives of such
housing programs, the agency shall have the power and is hereby author-
ized from time to time to issue negotiable housing program bonds and
notes in such principal amount as shall be necessary to provide suffi-
cient funds for the repayment of amounts disbursed (and not previously
reimbursed) pursuant to law or any prior year making capital appropri-
ations or reappropriations for the purposes of the housing program;
provided, however, that the agency may issue such bonds and notes in an
aggregate principal amount not exceeding [six billion one hundred seven-
ty-eight million five hundred ninety-nine thousand dollars
$6,178,599,000] SIX BILLION TWO HUNDRED NINETY MILLION FIVE HUNDRED
NINETY-NINE THOUSAND DOLLARS $6,290,599,000, plus a principal amount of
bonds issued to fund the debt service reserve fund in accordance with
S. 6615 22
the debt service reserve fund requirement established by the agency and
to fund any other reserves that the agency reasonably deems necessary
for the security or marketability of such bonds and to provide for the
payment of fees and other charges and expenses, including underwriters'
discount, trustee and rating agency fees, bond insurance, credit
enhancement and liquidity enhancement related to the issuance of such
bonds and notes. No reserve fund securing the housing program bonds
shall be entitled or eligible to receive state funds apportioned or
appropriated to maintain or restore such reserve fund at or to a partic-
ular level, except to the extent of any deficiency resulting directly or
indirectly from a failure of the state to appropriate or pay the agreed
amount under any of the contracts provided for in subdivision four of
this section.
§ 9. This act shall take effect immediately.
PART L
Section 1. Subdivision 4-b of section 2825-f of the public health law,
as added by section 1 of part Q of chapter 57 of the laws of 2019, is
amended to read as follows:
4-b. Authorized amounts to be awarded pursuant to applications submit-
ted in response to the request for application number 17648 shall be
awarded no later than [May] SEPTEMBER first, two thousand nineteen.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after May 1, 2019.
PART M
Section 1. Subdivision (a) of section 2 of part F of chapter 60 of the
laws of 2015 constituting the infrastructure investment act, as amended
by section 1 of part RRR of chapter 59 of the laws of 2017, is amended
to read as follows:
(a) (i) "authorized state entity" shall mean the New York state thru-
way authority, the department of transportation, the office of parks,
recreation and historic preservation, the department of environmental
conservation and the New York state bridge authority.
(ii) Notwithstanding the provisions of subdivision 26 of section 1678
of the public authorities law, section 8 of the public buildings law,
sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as
amended, section 103 of the general municipal law, and the provisions of
any other law to the contrary, the term "authorized state entity" shall
also refer to only those agencies or authorities identified below solely
in connection with the following authorized projects, provided that such
an authorized state entity may utilize the alternative delivery method
referred to as design-build contracts solely in connection with the
following authorized projects should the total cost of each such project
not be less than five million dollars ($5,000,000):
Authorized Projects Authorized State Entity
1. Frontier Town Urban Development Corporation
2. Life Sciences Laboratory Dormitory Authority & Urban
Development Corporation
3. Whiteface Transformative Projects New York State Olympic Regional
S. 6615 23
Development Authority
4. Gore Transformative Projects New York State Olympic Regional
Development Authority
5. Belleayre Transformative Projects New York State Olympic Regional
Development Authority
6. Mt. Van Hoevenberg Transformative New York State Olympic Regional
Projects Development Authority
7. OLYMPIC TRAINING CENTER NEW YORK STATE OLYMPIC REGIONAL
DEVELOPMENT AUTHORITY
8. OLYMPIC ARENA AND CONVENTION NEW YORK STATE OLYMPIC REGIONAL
CENTER COMPLEX DEVELOPMENT AUTHORITY
[7.] 9. State Fair Revitalization Office of General
Projects Services
[8.] 10. State Police Forensic Office of General
Laboratory Services
Notwithstanding any provision of law to the contrary, all rights or
benefits, including terms and conditions of employment, and protection
of civil service and collective bargaining status of all existing
employees of authorized state entities solely in connection with the
authorized projects listed above, shall be preserved and protected.
Nothing in this section shall result in the: (1) displacement of any
currently employed worker or loss of position (including partial
displacement such as a reduction in the hours of non-overtime work,
wages, or employment benefits) or result in the impairment of existing
collective bargaining agreements; and (2) transfer of existing duties
and functions related to maintenance and operations currently performed
by existing employees of authorized state entities to a contracting
entity. Nothing contained herein shall be construed to affect (A) the
existing rights of employees pursuant to an existing collective bargain-
ing agreement, and (B) the existing representational relationships among
employee organizations or the bargaining relationships between the
employer and an employee organization.
If otherwise applicable, authorized projects undertaken by the author-
ized state entities listed above solely in connection with the
provisions of this act shall be subject to section 135 of the state
finance law, section 101 of the general municipal law, and section 222
of the labor law; provided, however, that an authorized state entity may
fulfill its obligations under section 135 of the state finance law or
section 101 of the general municipal law by requiring the contractor to
prepare separate specifications in accordance with section 135 of the
state finance law or section 101 of the general municipal law, as the
case may be.
§ 2. This act shall take effect immediately; provided, however that
the amendments to the infrastructure investment act made by section one
of this act shall not affect the repeal of such act and shall be deemed
repealed therewith.
PART N
Section 1. Section 18 of chapter 26 of the laws of 2019, constituting
the "Jose Peralta New York state DREAM act", is amended to read as
follows:
§ 18. This act shall take effect immediately; provided, however, that:
[(a) section two of this act shall take effect January 1, 2020;
S. 6615 24
(b)] (A) sections fifteen and sixteen of this act shall take effect on
the ninetieth day after it shall have become a law; provided, however,
that any rule or regulation necessary for the timely implementation of
this act on its effective date shall be promulgated on or before such
effective date; and
[(c)] (B) sections three, four, five, six, seven, eight, nine, ten,
eleven, twelve, thirteen, fourteen, and seventeen of this act shall take
effect [on the ninetieth day after] UPON the issuance of regulations and
the development of an application form by the president of the higher
education services corporation and commissioner of education or on the
ninetieth day after [it] THIS ACT shall have become a law, whichever
shall be [later] SOONER; provided, further, however that effective imme-
diately the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such date;
provided, further, however, that the president of the higher education
services corporation and the commissioner of education shall notify the
legislative bill drafting commission upon the occurrence of the issuance
of the regulations and the development of an application form in order
that the commission may maintain an accurate and timely effective data
base of the official text of the laws of the state of New York in furth-
erance of effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.
§ 2. This act shall take effect immediately.
PART O
Section 1. Clauses 6 and 7 of subparagraph (B) of paragraph (i) of
subdivision (b) of section 349-g of the highway law, as added by chapter
78 of the laws of 2018, are amended to read as follows:
6. Within the waters of Flushing Bay South 45°-38'-00" East, a
distance of 1092.05' to a point in the waters of Flushing Bay, said
point also being the westerly line of Tax Map Lot 65 Block [789] 1789,
thence;
7. Along the westerly line of same South 05°-02'-52" East, a distance
of 456.35' to a point in the westerly line of Tax Map Lot 65 Block [789]
1789, thence;
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after chapter 78 of the laws
of 2018 took effect, provided the amendments to section 349-g of the
highway law made by section one of this act shall not affect the repeal
of such section and shall be deemed repealed therewith.
PART P
Section 1. Subdivision 1 of section 1267 of the public authorities
law, as amended by chapter 634 of the laws of 1965, is amended to read
as follows:
1. In addition to the powers provided in section twelve hundred
sixty-six of this title to acquire transportation facilities, equipment
and real property, the authority may acquire, by condemnation pursuant
to the [condemnation] EMINENT DOMAIN PROCEDURE law, any real property it
may deem necessary, convenient or desirable to effectuate the purposes
of this title, provided however, that any such condemnation proceedings
shall be brought only in the supreme court and the compensation to be
paid shall be ascertained and determined by the court without a jury[.
S. 6615 25
Notwithstand], AND PROVIDED FURTHER THAT THE RATE OF INTEREST PAID UPON
ANY JUDGMENT OR ACCRUED CLAIM AGAINST THE AUTHORITY ARISING OUT OF SUCH
CONDEMNATION PROCEEDINGS SHALL NOT EXCEED SIX PER CENTUM. NOTWITHSTAND-
ING the foregoing provisions of this subdivision [one], no real property
may be acquired by the authority by condemnation for purposes other than
a transportation facility unless the governing body of the city, village
or town in which such real property is located shall first consent to
such condemnation.
§ 2. This act shall take effect immediately; provided that section one
of this act shall be deemed repealed three years after such effective
date, provided that any condemnation proceedings in process at the time
of repeal shall not be affected by such repeal.
PART Q
Section 1. Subdivision j of section 26-510 of the administrative code
of the city of New York, as added by section 1 of part C of chapter 36
of the laws of 2019, is amended to read as follows:
j. Notwithstanding any other provision of this law, the adjustment for
vacancy leases covered by the provisions of this law shall be determined
exclusively pursuant to this section. [County] THE rent guidelines
[boards] BOARD shall no longer promulgate adjustments for vacancy leases
unless otherwise authorized by this chapter.
§ 2. Subdivision e of section 4 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as added by section 2 of part C of chapter 36 of the
laws of 2019, is amended to read as follows:
e. Notwithstanding any other provision of this act, the adjustment for
vacancy leases covered by the provisions of this act shall be determined
exclusively pursuant to section ten of this act. [County rent] RENT
guidelines boards shall no longer promulgate adjustments for vacancy
leases.
§ 3. The opening paragraph of subdivision b of section 4 of section 4
of chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as amended by section 3 of part
C of chapter 36 of the laws of 2019, is amended to read as follows:
A county rent guidelines board shall establish annual guidelines for
rent adjustments which, at its sole discretion may be varied and differ-
ent for and within the several zones and jurisdictions of the board, and
in determining whether rents for housing accommodations as to which an
emergency has been declared pursuant to this act shall be adjusted,
shall consider among other things (1) the economic condition of the
residential real estate industry in the affected area including such
factors as the prevailing and projected (i) real estate taxes and sewer
and water rates, (ii) gross operating maintenance costs (including
insurance rates, governmental fees, cost of fuel and labor costs), (iii)
costs and availability of financing (including effective rates of inter-
est), (iv) over-all supply of housing accommodations and over-all vacan-
cy rates, (2) relevant data from the current and projected cost of
living indices for the affected area, (3) such other data as may be made
available to it. As soon as practicable after its creation and thereaft-
er not later than July first of each year, a rent guidelines board shall
file with the state division of housing and community renewal its find-
ings for the preceding calendar year, and shall accompany such findings
with a statement of the maximum rate or rates of rent adjustment, if
any, for one or more classes of accommodation subject to this act,
S. 6615 26
authorized for leases or other rental agreements commencing during the
next succeeding twelve months. The standards for rent adjustments may be
applicable for the entire county or may be varied according to such
zones or jurisdictions within such county as the board finds necessary
to achieve the purposes of this subdivision. A [county] rent guidelines
board shall not establish annual guidelines for rent adjustments based
on the current rental cost of a unit or on the amount of time that has
elapsed since another rent increase was authorized pursuant to this
chapter.
§ 4. Section 5 of part C of chapter 36 of the laws of 2019, amending
the administrative code of the city of New York and the emergency tenant
protection act of nineteen seventy-four relating to vacancy of certain
housing accommodations and to amend the emergency tenant protection act
of nineteen seventy-four and the administrative code of the city of New
York relating to prohibiting a county rent guidelines board from estab-
lishing rent adjustments for class A dwelling units based on certain
considerations, is amended to read as follows:
§ 5. This act shall take effect immediately; PROVIDED, FURTHER, THAT
THE AMENDMENTS TO SECTION 26-510 OF CHAPTER 4 OF TITLE 26 OF THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK MADE BY SECTIONS ONE AND FOUR OF
THIS ACT SHALL EXPIRE ON THE SAME DATE AS SUCH LAW EXPIRES AND SHALL NOT
AFFECT THE EXPIRATION OF SUCH LAW AS PROVIDED UNDER SECTION 26-520 OF
SUCH LAW.
§ 5. Section 6 of part D of chapter 36 of the laws of 2019 amending
the emergency tenant protection act of nineteen seventy-four, relating
to vacancies in certain housing accommodations, is amended to read as
follows:
§ 6. Paragraph 12 of subdivision a of section 5 of SECTION 4 OF chap-
ter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, is REPEALED.
§ 6. Section 7 of part D of chapter 36 of the laws of 2019 amending
the emergency tenant protection act of nineteen seventy-four, relating
to vacancies in certain housing accommodations, is amended to read as
follows:
§ 7. Section 5-a OF SECTION 4 of chapter 576 of the laws of 1974,
constituting the emergency tenant protection act of nineteen seventy-
four, is REPEALED.
§ 7. Section 26-403.1 of the administrative code of the city of New
York is REPEALED.
§ 8. Subparagraph (j) of paragraph 2 of subdivision (e) of section
26-403 of the administrative code of the city of New York is REPEALED.
§ 9. Section 2-a of chapter 274 of the laws of 1946, constituting the
emergency housing rent control law, is REPEALED.
§ 10. Section 8 of part D of chapter 36 of the laws of 2019, amending
the emergency tenant protection act of nineteen seventy-four, relating
to vacancies in certain housing accommodations, is amended to read as
follows:
§ 8. This act shall take effect immediately; PROVIDED HOWEVER, THAT
(I) ANY UNIT THAT WAS LAWFULLY DEREGULATED PRIOR TO JUNE 14, 2019 SHALL
REMAIN DEREGULATED; AND (II) A MARKET RATE UNIT IN A MULTIPLE DWELLING
WHICH RECEIVES BENEFITS PURSUANT TO SUBDIVISION 16 OF SECTION 421-A OF
THE REAL PROPERTY TAX LAW SHALL BE SUBJECT TO THE DEREGULATION
PROVISIONS OF RENT STABILIZATION AS PROVIDED BY LAW PRIOR TO JUNE 14,
2019.
§ 11. Subdivision (a-2) of section 10 of section 4 of chapter 576 of
the laws of 1974, constituting the emergency tenant protection act of
S. 6615 27
nineteen seventy-four, as amended by section 1 of part E of chapter 36
of the laws of 2019, is amended to read as follows:
(a-2) Where the amount of rent charged to and paid by the tenant is
less than the legal regulated rent for the housing accommodation, the
amount of rent for such housing accommodation which may be charged upon
vacancy thereof, may, at the option of the owner, be based upon such
previously established legal regulated rent, as adjusted by the most
recent applicable guidelines increases and other increases authorized by
law. [Any] FOR ANY tenant who is subject to a lease on or after the
effective date of a chapter of the laws of two thousand nineteen which
amended this subdivision, or is or was entitled to receive a renewal or
vacancy lease on or after such date, upon renewal of such lease, the
amount of rent for such housing accommodation that may be charged and
paid shall be no more than the rent charged to and paid by the tenant
prior to that renewal, as adjusted by the most recent applicable guide-
lines increases and any other increases authorized by law. Provided,
however, that for buildings that are subject to this statute by virtue
of a regulatory agreement with a local government agency and which
buildings receive federal project based rental assistance administered
by the United States department of housing and urban development or a
state or local section eight administering agency, where the rent set by
the federal, state or local governmental agency is less than the legal
regulated rent for the housing accommodation, the amount of rent for
such housing accommodation which may be charged WITH THE APPROVAL OF
SUCH FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY upon renewal or upon
vacancy thereof, may be based upon such previously established legal
regulated rent, as adjusted by the most recent applicable guidelines
increases or other increases authorized by law; and further provided
that such vacancy shall not be caused by the failure of the owner or an
agent of the owner, to maintain the housing accommodation in compliance
with the warranty of habitability set forth in subdivision one of
section two hundred thirty-five-b of the real property law.
§ 12. Paragraph 14 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by section 2 of part E
of chapter 36 of the laws of 2019, is amended to read as follows:
(14) where the amount of rent charged to and paid by the tenant is
less than the legal regulated rent for the housing accommodation, the
amount of rent for such housing accommodation which may be charged upon
vacancy thereof, may, at the option of the owner, be based upon such
previously established legal regulated rent, as adjusted by the most
recent applicable guidelines increases and any other increases author-
ized by law. [Any] FOR ANY tenant who is subject to a lease on or after
the effective date of a chapter of the laws of two thousand nineteen
which amended this paragraph, or is or was entitled to receive a renewal
or vacancy lease on or after such date, upon renewal of such lease, the
amount of rent for such housing accommodation that may be charged and
paid shall be no more than the rent charged to and paid by the tenant
prior to that renewal, as adjusted by the most recent applicable guide-
lines increases and any other increases authorized by law. Provided,
however, that for buildings that are subject to this statute by virtue
of a regulatory agreement with a local government agency and which
buildings receive federal project based rental assistance administered
by the United States department of housing and urban development or a
state or local section eight administering agency, where the rent set by
the federal, state or local governmental agency is less than the legal
regulated rent for the housing accommodation, the amount of rent for
S. 6615 28
such housing accommodation which may be charged WITH THE APPROVAL OF
SUCH FEDERAL, STATE OR LOCAL GOVERNMENTAL AGENCY upon renewal or upon
vacancy thereof, may be based upon such previously established legal
regulated rent, as adjusted by the most recent applicable guidelines
increases and other increases authorized by law; and further provided
that such vacancy shall not be caused by the failure of the owner or an
agent of the owner, to maintain the housing accommodation in compliance
with the warranty of habitability set forth in subdivision one of
section two hundred thirty-five-b of the real property law.
§ 13. Paragraph 9 of subdivision a of section 12 of section 4 of chap-
ter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as added by section 2 of part F
of chapter 36 of the laws of 2019, is amended to read as follows:
(9) The division of housing and community renewal and the courts, in
investigating complaints of overcharge and in determining legal regu-
lated rents, shall consider all available rent history which is reason-
ably necessary to make such determinations, including but not limited to
(a) any rent registration or other records filed with the state division
of housing and community renewal, or any other state, municipal or
federal agency, regardless of the date to which the information on such
registration refers; (b) any order issued by any state, municipal or
federal agency; (c) any records maintained by the owner or tenants; and
(d) any public record kept in the regular course of business by any
state, municipal or federal agency. Nothing contained in this paragraph
shall limit the examination of rent history relevant to a determination
as to:
(i) whether the legality of a rental amount charged or registered is
reliable in light of all available evidence including, but not limited
to, whether an unexplained increase in the registered or lease rents, or
a fraudulent scheme to destabilize the housing accommodation, rendered
such rent or registration unreliable;
(ii) whether an accommodation is subject to the emergency tenant
protection act;
(iii) whether an order issued by the division of housing and community
renewal or a court of competent jurisdiction, including, but not limited
to an order issued pursuant to section [26-514 of the administrative
code of the city of New York] SEVEN OF THIS ACT, or any regulatory
agreement or other contract with any governmental agency, and remaining
in effect within six years of the filing of a complaint pursuant to this
section, affects or limits the amount of rent that may be charged or
collected;
(iv) whether an overcharge was or was not willful;
(v) whether a rent adjustment that requires information regarding the
length of occupancy by a present or prior tenant was lawful;
(vi) the existence or terms and conditions of a preferential rent, or
the propriety of a legal registered rent during a period when the
tenants were charged a preferential rent;
(vii) the legality of a rent charged or registered immediately prior
to the registration of a preferential rent; or
(viii) the amount of the legal regulated rent where the apartment was
vacant or temporarily exempt on the date six years prior to a tenant's
complaint.
§ 14. Subparagraph (b) of paragraph 9 of subdivision c of section
26-511 of the administrative code of the city of New York, as amended by
section 2 of part I of chapter 36 of the laws of 2019, is amended to
read as follows:
S. 6615 29
(b) where he or she seeks to recover possession of one dwelling unit
because of immediate and compelling necessity for his or her own
personal use and occupancy as his or her primary residence or for the
use and occupancy of a member of his or her immediate family as his or
her primary residence, provided however, that this subparagraph shall
permit recovery of only one dwelling unit and shall not apply where a
tenant or the spouse of a tenant lawfully occupying the dwelling unit is
sixty-two years of age or older, has been a tenant in a dwelling unit in
that building for fifteen years or more, or has an impairment which
results from anatomical, physiological or psychological conditions,
other than addiction to alcohol, gambling, or any controlled substance,
which are demonstrable by medically acceptable clinical and laboratory
diagnostic techniques, and which are expected to be permanent and which
prevent the tenant from engaging in any substantial gainful employment,
unless such owner offers to provide and if requested, provides an equiv-
alent or superior housing accommodation at the same or lower stabilized
rent in a closely proximate area. The provisions of this subparagraph
shall only permit one of the individual owners of any building to
recover possession of one dwelling unit for his or her own personal use
and/or for that of his or her immediate family. A dwelling unit recov-
ered by an owner pursuant to this subparagraph shall not for a period of
three years be rented, leased, subleased or assigned to any person other
than a person for whose benefit recovery of the dwelling unit is permit-
ted pursuant to this subparagraph or to the tenant in occupancy at the
time of recovery under the same terms as the original lease; provided,
however, that a tenant required to surrender a [housing accommodation by
virtue of the operation of subdivision g or h of section 26-408 of this
title] DWELLING UNIT UNDER THIS SUBPARAGRAPH shall have a cause of
action in any court of competent jurisdiction for damages, declaratory,
and injunctive relief against a landlord or purchaser of the premises
who makes a fraudulent statement regarding a proposed use of the housing
accommodation. In any action or proceeding brought pursuant to this
subparagraph a prevailing tenant shall be entitled to recovery of actual
damages, and reasonable attorneys' fees. This subparagraph shall not be
deemed to establish or eliminate any claim that the former tenant of the
dwelling unit may otherwise have against the owner. Any such rental,
lease, sublease or assignment during such period to any other person may
be subject to a penalty of a forfeiture of the right to any increases in
residential rents in such building for a period of three years; or
§ 15. Subdivision a of section 10 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by section 3 of part I of chapter 36 of
the laws of 2019, is amended to read as follows:
a. For cities having a population of less than one million and towns
and villages, the state division of housing and community renewal shall
be empowered to implement this act by appropriate regulations. Such
regulations may encompass such speculative or manipulative practices or
renting or leasing practices as the state division of housing and commu-
nity renewal determines constitute or are likely to cause circumvention
of this act. Such regulations shall prohibit practices which are likely
to prevent any person from asserting any right or remedy granted by this
act, including but not limited to retaliatory termination of periodic
tenancies and shall require owners to grant a new one or two year vacan-
cy or renewal lease at the option of the tenant, except where a mortgage
or mortgage commitment existing as of the local effective date of this
act provides that the owner shall not grant a one-year lease; and shall
S. 6615 30
prescribe standards with respect to the terms and conditions of new and
renewal leases, additional rent and such related matters as security
deposits, advance rental payments, the use of escalator clauses in leas-
es and provision for increase in rentals for garages and other ancillary
facilities, so as to [insure] ENSURE that the level of rent adjustments
authorized under this law will not be subverted and made ineffective.
Any provision of the regulations permitting an owner to refuse to renew
a lease on grounds that the owner seeks to recover possession of a hous-
ing accommodation for his or her own use and occupancy or for the use
and occupancy of his or her immediate family shall permit recovery of
only one housing accommodation, shall require that an owner demonstrate
immediate and compelling need and that the housing accommodation will be
the proposed occupants' primary residence and shall not apply where a
member of the housing accommodation is sixty-two years of age or older,
has been a tenant in a housing accommodation in that building for
fifteen years or more, or has an impairment which results from anatom-
ical, physiological or psychological conditions, other than addiction to
alcohol, gambling, or any controlled substance, which are demonstrable
by medically acceptable clinical and laboratory diagnostic techniques,
and which are expected to be permanent and which prevent the tenant from
engaging in any substantial gainful employment; provided, however, that
a tenant required to surrender a housing accommodation [by virtue of the
operation of subdivision g or h of section 26-408 of the administrative
code of the city of New York] UNDER THIS SUBDIVISION shall have a cause
of action in any court of competent jurisdiction for damages, declarato-
ry, and injunctive relief against a landlord or purchaser of the prem-
ises who makes a fraudulent statement regarding a proposed use of the
housing accommodation. In any action or proceeding brought pursuant to
this subdivision a prevailing tenant shall be entitled to recovery of
actual damages, and reasonable attorneys' fees.
§ 16. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of
the laws of 1946, constituting the emergency housing rent control law,
as amended by section 4 of part I of chapter 36 of the laws of 2019, is
amended to read as follows:
(a) the landlord seeks in good faith to recover possession of a hous-
ing accommodation because of immediate and compelling necessity for his
or her own personal use and occupancy as his or her primary residence or
for the use and occupancy of his or her immediate family as their prima-
ry residence; provided, however, this subdivision shall permit recovery
of only one housing accommodation and shall not apply where a member of
the household lawfully occupying the housing accommodation is sixty-two
years of age or older, has been a tenant in a housing accommodation in
that building for fifteen years or more, or has an impairment which
results from anatomical, physiological or psychological conditions,
other than addiction to alcohol, gambling, or any controlled substance,
which are demonstrable by medically acceptable clinical and laboratory
diagnostic techniques, and which are expected to be permanent and which
prevent the tenant from engaging in any substantial gainful employment;
provided, however, that a tenant required to surrender a housing accom-
modation [by virtue of the operation of subdivision g or h of section
26-408 of the administrative code of the city of New York] UNDER THIS
PARAGRAPH shall have a cause of action in any court of competent juris-
diction for damages, declaratory, and injunctive relief against a land-
lord or purchaser of the premises who makes a fraudulent statement
regarding a proposed use of the housing accommodation. In any action or
proceeding brought pursuant to this paragraph a prevailing tenant shall
S. 6615 31
be entitled to recovery of actual damages, and reasonable attorneys'
fees; or
§ 17. Paragraphs 6 and 10 of subdivision a of section 5 of section 4
of chapter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, paragraph 6 as amended by chap-
ter 403 of the laws of 1983 and paragraph 10 as amended by section 1 of
part J of chapter 36 of the laws of 2019, are amended to read as
follows:
(6) housing accommodations owned or operated by a hospital, convent,
monastery, asylum, public institution, or college or school dormitory or
any institution operated exclusively for charitable or educational
purposes on a non-profit basis other than (I) those accommodations occu-
pied by a tenant on the date such housing accommodation is acquired by
any such institution, or which are occupied subsequently by a tenant who
is not affiliated with such institution at the time of his initial occu-
pancy OR (II) PERMANENT HOUSING ACCOMMODATIONS WITH GOVERNMENT
CONTRACTED SERVICES, AS OF AND AFTER JUNE FOURTEENTH, TWO THOUSAND NINE-
TEEN, TO VULNERABLE INDIVIDUALS OR INDIVIDUALS WITH DISABILITIES WHO ARE
OR WERE HOMELESS OR AT RISK OF HOMELESSNESS; PROVIDED, HOWEVER, THAT THE
TERMS OF LEASES IN EXISTENCE AS OF JUNE FOURTEENTH, TWO THOUSAND NINE-
TEEN, SHALL ONLY BE AFFECTED UPON LEASE RENEWAL, AND FURTHER PROVIDED
THAT UPON THE VACANCY OF SUCH HOUSING ACCOMMODATIONS, THE LEGAL REGU-
LATED RENT FOR SUCH HOUSING ACCOMMODATIONS SHALL BE THE LEGAL REGULATED
RENT PAID FOR SUCH HOUSING ACCOMMODATIONS BY THE PRIOR TENANT, SUBJECT
ONLY TO ANY ADJUSTMENT ADOPTED BY THE APPLICABLE RENT GUIDELINES BOARD;
(10) housing accommodations in buildings operated exclusively for
charitable purposes on a non-profit basis except for permanent housing
accommodations with government contracted services, as of and after the
effective date of the chapter of the laws of two thousand nineteen that
amended this paragraph, to vulnerable individuals or individuals with
disabilities who are or were homeless or at risk of homelessness;
provided, however, that THE terms of leases in existence as of the
effective date of the chapter of the laws of two thousand nineteen that
amended this paragraph, shall only be affected upon lease renewal, and
further provided that upon the vacancy of such housing accommodations,
THE LEGAL REGULATED RENT FOR SUCH HOUSING ACCOMMODATIONS shall be the
legal regulated rent paid for such housing accommodations by the prior
tenant, subject only to any adjustment adopted by the applicable rent
guidelines board;
§ 18. Paragraph 1 of subdivision d of section 6 of section 4 of chap-
ter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as amended by section 1 of part
K of chapter 36 of the laws of 2019, is amended to read as follows:
(1) there has been a substantial modification or increase of dwelling
space, or installation of new equipment or improvements or new furniture
or furnishings, provided in or to a tenant's housing accommodation, on
written informed tenant consent to the rent increase. In the case of a
vacant housing accommodation, tenant consent shall not be required. The
temporary increase in the legal regulated rent for the affected housing
accommodation shall be one-one hundred sixty-eighth, in the case of a
building with thirty-five or fewer housing accommodations or one-one
hundred eightieth in the case of a building with more than thirty-five
housing accommodations where such increase takes effect on or after the
effective date of the chapter of the laws of two thousand nineteen that
amended this paragraph, of the total actual cost incurred by the land-
lord up to fifteen thousand dollars in providing such reasonable and
S. 6615 32
verifiable modification or increase in dwelling space, furniture,
furnishings, or equipment, including the cost of installation but
excluding finance charges and any costs that exceed reasonable costs
established by rules and regulations promulgated by the division of
housing and community renewal. Such rules and regulations shall include:
(i) requirements for work to be done by licensed contractors and a
prohibition on common ownership between the landlord and the contractor
or vendor; and (ii) a requirement that the owner resolve within the
dwelling space all outstanding hazardous or immediately hazardous
violations of the Uniform Fire Prevention and Building Code (Uniform
Code), New York City Fire Code, or New York City Building and Housing
Maintenance Codes, if applicable. Provided further that an owner who is
entitled to a rent increase pursuant to this paragraph shall not be
entitled to a further rent increase based upon the installation of simi-
lar equipment, or new furniture or furnishings within the useful life of
such new equipment, or new furniture or furnishings. Provided further
that the recoverable costs incurred by the landlord, pursuant to this
paragraph, shall be limited to an aggregate cost of fifteen thousand
dollars that may be expended on no more than three separate individual
apartment improvements in a fifteen year period BEGINNING WITH THE FIRST
INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOU-
SAND NINETEEN. Provided further that increases to the legal regulated
rent pursuant to this paragraph shall be removed from the legal regu-
lated rent thirty years from the date the increase became effective
inclusive of any increases granted by the applicable rent guidelines
board.
§ 19. Paragraph 13 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by section 2 of part K
of chapter 36 of the laws of 2019, is amended to read as follows:
(13) provides that an owner is entitled to a rent increase where there
has been a substantial modification or increase of dwelling space, or
installation of new equipment or improvements or new furniture or
furnishings provided in or to a tenant's housing accommodation, on writ-
ten informed tenant consent to the rent increase. In the case of a
vacant housing accommodation, tenant consent shall not be required. The
temporary increase in the legal regulated rent for the affected housing
accommodation shall be one-one hundred sixty-eighth, in the case of a
building with thirty-five or fewer housing accommodations or one-one
hundred eightieth in the case of a building with more than thirty-five
housing accommodations where such increase takes effect on or after the
effective date of the chapter of the laws of two thousand nineteen that
amended this paragraph, of the total actual cost incurred by the land-
lord in providing such reasonable and verifiable modification or
increase in dwelling space, furniture, furnishings, or equipment,
including the cost of installation but excluding finance charges and any
costs that exceed reasonable costs established by rules and regulations
promulgated by the division of housing and community renewal. Such rules
and regulations shall include: (i) requirements for work to be done by
licensed contractors and prohibit common ownership between the landlord
and the contractor or vendor; and (ii) a requirement that the owner
resolve within the dwelling space all outstanding hazardous or imme-
diately hazardous violations of the Uniform Fire Prevention and Building
Code (Uniform Code), New York City Fire Code, or New York City Building
and Housing Maintenance Codes, if applicable. Provided further that an
owner who is entitled to a rent increase pursuant to this paragraph
shall not be entitled to a further rent increase based upon the instal-
S. 6615 33
lation of similar equipment, or new furniture or furnishings within the
useful life of such new equipment, or new furniture or furnishings.
Provided further that the recoverable costs incurred by the landlord,
pursuant to this paragraph, shall be limited to an aggregate cost of
fifteen thousand dollars that may be expended on no more than three
separate individual apartment improvements in a fifteen year period
BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER
JUNE FOURTEENTH, TWO THOUSAND NINETEEN. Provided further that increases
to the legal regulated rent pursuant to this paragraph shall be removed
from the legal regulated rent thirty years from the date the increase
became effective inclusive of any increases granted by the applicable
rent guidelines board.
§ 20. Subparagraph (e) of paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
section 3 of part K of chapter 36 of the laws of 2019, is amended to
read as follows:
(e) The landlord and tenant by mutual voluntary written agreement
demonstrating informed consent agree to a substantial increase or
decrease in dwelling space or a change in furniture, furnishings or
equipment provided in the housing accommodations. An adjustment under
this subparagraph shall be equal to one-one hundred sixty-eighth, in the
case of a building with thirty-five or fewer housing accommodations or
one-one hundred eightieth in the case of a building with more than thir-
ty-five housing accommodations where such temporary adjustment takes
effect on or after the effective date of the chapter of the laws of two
thousand nineteen that amended this subparagraph, of the total actual
cost incurred by the landlord in providing such reasonable and verifi-
able modification or increase in dwelling space, furniture, furnishings,
or equipment, including the cost of installation but excluding finance
charges and any costs that exceed reasonable costs established by rules
and regulations promulgated by the division of housing and community
renewal. Such rules and regulations shall include: (i) requirements for
work to be done by licensed contractors and prohibit common ownership
between the landlord and the contractor or vendor; and (ii) a require-
ment that the owner resolve within the dwelling space all outstanding
hazardous or immediately hazardous violations of the Uniform Fire
Prevention and Building Code (Uniform Code), New York City Fire Code, or
New York City Building and Housing Maintenance Codes, if applicable.
Provided further that an owner who is entitled to a rent increase pursu-
ant to this subparagraph shall not be entitled to a further rent
increase based upon the installation of similar equipment, or new furni-
ture or furnishings within the useful life of such new equipment, or new
furniture or furnishings. Provided further that the recoverable costs
incurred by the landlord, pursuant to this subparagraph shall be limited
to an aggregate cost of fifteen thousand dollars that may be expended on
no more than three separate individual apartment improvements in a
fifteen year period BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT
IMPROVEMENT ON OR AFTER JUNE FOURTEENTH, TWO THOUSAND NINETEEN. Provided
further that increases to the legal regulated rent pursuant to this
subparagraph shall be removed from the legal regulated rent thirty years
from the date the increase became effective inclusive of any increases
granted by the applicable rent guidelines board. The owner shall give
written notice to the city rent agency of any such temporary adjustment
pursuant to this subparagraph; or
§ 21. Paragraphs 8 and 12 of subdivision a of section 26-511.1 of the
administrative code of the city of New York, as added by section 4 of
S. 6615 34
part K of chapter 36 of the laws of 2019, are amended to read as
follows:
(8) establish that temporary major capital improvement increases shall
be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
NING sixty days from the date of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly increase in rent
and the first month in which the tenant would be required to pay the
temporary increase. An approval for a temporary major capital improve-
ment increase shall not include retroactive payments. The collection of
any increase shall not exceed two percent in any year from the effective
date of the order granting the increase over the rent set forth in the
schedule of gross rents, with collectability of any dollar excess above
said sum to be spread forward in similar increments and added to the
rent as established or set in future years. Upon vacancy, the landlord
may add any remaining balance of the temporary major capital improvement
increase to the legal regulated rent. Notwithstanding any other
provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
14, 2019, the collection of any rent increases due to any major capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall not exceed two percent in any year [beginning on or after Septem-
ber 1, 2019] for any tenant in occupancy on the date the major capital
improvement was approved;
(12) establish a form IN THE TOP SIX LANGUAGES OTHER THAN ENGLISH
SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
BUREAU OF CENSUS for a temporary individual apartment improvement rent
increase for a tenant in occupancy which shall be used by landlords to
obtain written informed consent that shall include the estimated total
cost of the improvement and the estimated monthly rent increase. [Such
consent shall be executed in the tenant's primary language.] Such form
shall be completed and preserved in the centralized electronic retention
system TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
a landlord, lessor, or agent thereof of his or her duty to retain proper
documentation of all improvements performed or any rent increases
resulting from said improvements.
§ 22. Paragraphs 8 and 12 of subdivision a of section 26-405.1 of the
administrative code of the city of New York, as added by section 5 of
part K of chapter 36 of the laws of 2019, are amended to read as
follows:
(8) establish that temporary major capital improvement increases shall
be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
NING sixty days from the date of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly increase in rent
and the first month in which the tenant would be required to pay the
temporary increase. An approval for a temporary major capital improve-
ment increase shall not include retroactive payments. The collection of
any increase shall not exceed two percent in any year from the effective
date of the order granting the increase over the rent set forth in the
schedule of gross rents, with collectability of any dollar excess above
said sum to be spread forward in similar increments and added to the
rent as established or set in future years. Upon vacancy, the landlord
may add any remaining balance of the temporary major capital improvement
increase to the legal regulated rent. Notwithstanding any other
provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
14, 2019, the collection of any rent increases due to any major capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall not exceed two percent in any year [beginning on or after Septem-
S. 6615 35
ber 1, 2019] for any tenant in occupancy on the date the major capital
improvement was approved;
(12) establish a form IN THE TOP SIX LANGUAGES OTHER THAN ENGLISH
SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
BUREAU OF CENSUS for a temporary individual apartment improvement rent
increase for a tenant in occupancy which shall be used by landlords to
obtain written informed consent that shall include the estimated total
cost of the improvement and the estimated monthly rent increase. [Such
consent shall be executed in the tenant's primary language.] Such form
shall be completed and preserved in the centralized electronic retention
system TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
a landlord, lessor, or agent thereof of his or her duty to retain proper
documentation of all improvements performed or any rent increases
resulting from said improvements.
§ 23. Paragraphs 8 and 12 of subdivision (a) of section 10-b of
section 4 of chapter 576 of the laws of 1974, constituting the emergency
tenant protection act of nineteen seventy-four, as added by section 6 of
part K of chapter 36 of the laws of 2019, are amended to read as
follows:
8. establish that temporary major capital improvement increases shall
be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
NING sixty days from the date of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly increase in rent
and the first month in which the tenant would be required to pay the
temporary increase. An approval for a temporary major capital improve-
ment increase shall not include retroactive payments. The collection of
any increase shall not exceed two percent in any year from the effective
date of the order granting the increase over the rent set forth in the
schedule of gross rents, with collectability of any dollar excess above
said sum to be spread forward in similar increments and added to the
rent as established or set in future years. Upon vacancy, the landlord
may add any remaining balance of the temporary major capital improvement
increase to the legal regulated rent. Notwithstanding any other
provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
14, 2019, the collection of any rent increases due to any major capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall not exceed two percent in any year [beginning on or after Septem-
ber 1, 2019] for any tenant in occupancy on the date the major capital
improvement was approved;
12. establish a form IN THE TOP SIX LANGUAGES OTHER THAN ENGLISH
SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
BUREAU OF CENSUS for a temporary individual apartment improvement rent
increase for a tenant in occupancy which shall be used by landlords to
obtain written informed consent that shall include the estimated total
cost of the improvement and the estimated monthly rent increase. [Such
consent shall be executed in the tenant's primary language.] Such form
shall be completed and preserved in the centralized electronic retention
system TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
a landlord, lessor, or agent thereof of his or her duty to retain proper
documentation of all improvements performed or any rent increases
resulting from said improvements.
§ 24. Paragraphs (h) and (l) of subdivision 1 of section 8-a of chap-
ter 274 of the laws of 1946, constituting the emergency housing rent
control law, as added by section 7 of part K of chapter 36 of the laws
of 2019, are amended to read as follows:
S. 6615 36
(h) establish that temporary major capital improvement increases shall
be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
NING sixty days from the date of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly increase in rent
and the first month in which the tenant would be required to pay the
temporary increase. An approval for a temporary major capital improve-
ment increase shall not include retroactive payments. The collection of
any increase shall not exceed two percent in any year from the effective
date of the order granting the increase over the rent set forth in the
schedule of gross rents, with collectability of any dollar excess above
said sum to be spread forward in similar increments and added to the
rent as established or set in future years. Upon vacancy, the landlord
may add any remaining balance of the temporary major capital improvement
increases to the legal regulated rent. Notwithstanding any other
provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
14, 2019, the collection of any rent increases due to any major capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall not exceed two percent in any year [beginning on or after Septem-
ber 1, 2019] for any tenant in occupancy on the date the major capital
improvement was approved;
(l) establish a form IN THE TOP SIX LANGUAGES OTHER THAN ENGLISH
SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE U.S.
BUREAU OF CENSUS for a temporary individual apartment improvement rent
increase for a tenant in occupancy which shall be used by landlords to
obtain written informed consent that shall include the estimated total
cost of the improvement and the estimated monthly rent increase. [Such
consent shall be executed in the tenant's primary language.] Such form
shall be completed and preserved in the centralized electronic retention
system TO BE OPERATIONAL BY JUNE 14, 2020. Nothing herein shall relieve
a landlord, lessor, or agent thereof of his or her duty to retain proper
documentation of all improvements performed or any rent increases
resulting from said improvements.
§ 25. Subparagraph 7 of the second undesignated paragraph of paragraph
(a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, as amended by
section 8 of part K of chapter 36 of the laws of 2019, is amended to
read as follows:
(7) there has been since March first, nineteen hundred fifty, a major
capital improvement essential for the preservation, energy efficiency,
functionality, or infrastructure of the entire building, improvement of
the structure including heating, windows, plumbing and roofing, but
shall not be for operational costs or unnecessary cosmetic improvements;
which for any order of the commissioner issued after the effective date
of the chapter of the laws of two thousand nineteen that amended this
paragraph the cost of such improvement shall be amortized over a twelve-
year period for buildings with thirty-five or fewer units or a twelve
and one-half year period for buildings with more than thirty-five units,
and shall be removed from the legal regulated rent thirty years from the
date the increase became effective inclusive of any increases granted by
the applicable rent guidelines board. Temporary major capital improve-
ment increases shall be collectible prospectively ON THE FIRST DAY OF
THE FIRST MONTH BEGINNING sixty days from the date of mailing notice of
approval to the tenant. Such notice shall disclose the total monthly
increase in rent and the first month in which the tenant would be
required to pay the temporary increase. An approval for a temporary
major capital improvement increase shall not include retroactive
S. 6615 37
payments. The collection of any increase shall not exceed two percent in
any year from the effective date of the order granting the increase over
the rent set forth in the schedule of gross rents, with collectability
of any dollar excess above said sum to be spread forward in similar
increments and added to the rent as established or set in future years.
Upon vacancy, the landlord may add any remaining balance of the tempo-
rary major capital improvement increase to the legal regulated rent.
Notwithstanding any other provision of the law, FOR ANY RENEWAL LEASE
COMMENCING ON OR AFTER JUNE 14, 2019, the collection of any rent
increases due to any major capital improvements approved on or after
June 16, 2012 and before June 16, 2019 shall not exceed two percent in
any year [beginning on or after September 1, 2019] for any tenant in
occupancy on the date the major capital improvement was approved; or
§ 26. Paragraph 3 of subdivision d of section 6 of section 4 of chap-
ter 576 of the laws of 1974, constituting the emergency tenant
protection act of nineteen seventy-four, as amended by section 9 of part
K of chapter 36 of the laws of 2019, is amended to read as follows:
(3) there has been since January first, nineteen hundred seventy-four
a major capital improvement essential for the preservation, energy effi-
ciency, functionality, or infrastructure of the entire building,
improvement of the structure including heating, windows, plumbing and
roofing, but shall not be for operation costs or unnecessary cosmetic
improvements. An adjustment under this paragraph shall be in an amount
sufficient to amortize the cost of the improvements pursuant to this
paragraph over a twelve-year period for a building with thirty-five or
fewer housing accommodations, or a twelve and one-half period for a
building with more than thirty-five housing accommodations and shall be
removed from the legal regulated rent thirty years from the date the
increase became effective inclusive of any increases granted by the
applicable rent guidelines board, for any determination issued by the
division of housing and community renewal after the effective date of
the chapter of the laws of two thousand nineteen that amended this para-
graph[; the]. TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASES SHALL BE
COLLECTABLE PROSPECTIVELY ON THE FIRST DAY OF THE FIRST MONTH BEGINNING
SIXTY DAYS FROM THE DATE OF MAILING NOTICE OF APPROVAL TO THE TENANT.
SUCH NOTICE SHALL DISCLOSE THE TOTAL MONTHLY INCREASE IN RENT AND THE
FIRST MONTH IN WHICH THE TENANT WOULD BE REQUIRED TO PAY THE TEMPORARY
INCREASE. AN APPROVAL FOR A TEMPORARY MAJOR CAPITAL IMPROVEMENT INCREASE
SHALL NOT INCLUDE RETROACTIVE PAYMENTS. THE collection of any increase
shall not exceed two percent in any year from the effective date of the
order granting the increase over the rent set forth in the schedule of
gross rents, with collectability of any dollar excess above said sum to
be spread forward in similar increments and added to the rent as estab-
lished or set in future years. Upon vacancy, the landlord may add any
remaining balance of the temporary major capital improvement increase to
the legal regulated rent. Notwithstanding any other provision of the
law, the collection of any rent increases FOR ANY RENEWAL LEASE COMMENC-
ING ON OR AFTER JUNE 14, 2019, due to any major capital improvements
approved on or after June 16, 2012 and before June 16, 2019 shall not
exceed two percent in any year [beginning on or after September 1, 2019]
for any tenant in occupancy on the date the major capital improvement
was approved, or
§ 27. Subparagraph (g) of paragraph 1 of subdivision g of section
26-405 of the administrative code of the city of New York, as amended by
section 10 of part K of chapter 36 of the laws of 2019, is amended to
read as follows:
S. 6615 38
(g) There has been since July first, nineteen hundred seventy, a major
capital improvement essential for the preservation energy efficiency,
functionality, or infrastructure of the entire building, improvement of
the structure including heating, windows, plumbing and roofing but shall
not be for operational costs or unnecessary cosmetic improvements. The
temporary increase based upon a major capital improvement under this
subparagraph for any order of the commissioner issued after the effec-
tive date of the chapter of the laws of two thousand nineteen that
amended this subparagraph shall be in an amount sufficient to amortize
the cost of the improvements pursuant to this subparagraph (g) over a
twelve-year period for buildings with thirty-five or fewer units or a
twelve and one-half year period for buildings with more than thirty-five
units, and shall be removed from the legal regulated rent thirty years
from the date the increase became effective inclusive of any increases
granted by the applicable rent guidelines board. Temporary major capi-
tal improvement increases shall be collectible prospectively ON THE
FIRST DAY OF THE FIRST MONTH BEGINNING sixty days from the date of mail-
ing notice of approval to the tenant. Such notice shall disclose the
total monthly increase in rent and the first month in which the tenant
would be required to pay the temporary increase. An approval for a
temporary major capital improvement increase shall not include retroac-
tive payments. The collection of any increase shall not exceed two
percent in any year from the effective date of the order granting the
increase over the rent set forth in the schedule of gross rents, with
collectability of any dollar excess above said sum to be spread forward
in similar increments and added to the rent as established or set in
future years. Upon vacancy, the landlord may add any remaining balance
of the temporary major capital improvement increase to the legal regu-
lated rent. Notwithstanding any other provision of the law, FOR ANY
RENEWAL LEASE COMMENCING ON OR AFTER JUNE 14, 2019, the collection of
any rent increases due to any major capital improvements approved on or
after June 16, 2012 and before June 16, 2019 shall not exceed two
percent in any year [beginning on or after September 1, 2019] for any
tenant in occupancy on the date the major capital improvement was
approved, or
§ 28. Paragraph 6 of subdivision c of section 26-511 of the adminis-
trative code of the city of New York, as amended by section 11 of part K
of chapter 36 of the laws of 2019, is amended to read as follows:
(6) provides criteria whereby the commissioner may act upon applica-
tions by owners for increases in excess of the level of fair rent
increase established under this law provided, however, that such crite-
ria shall provide (a) as to hardship applications, for a finding that
the level of fair rent increase is not sufficient to enable the owner to
maintain approximately the same average annual net income (which shall
be computed without regard to debt service, financing costs or manage-
ment fees) for the three year period ending on or within six months of
the date of an application pursuant to such criteria as compared with
annual net income, which prevailed on the average over the period nine-
teen hundred sixty-eight through nineteen hundred seventy, or for the
first three years of operation if the building was completed since nine-
teen hundred sixty-eight or for the first three fiscal years after a
transfer of title to a new owner provided the new owner can establish to
the satisfaction of the commissioner that he or she acquired title to
the building as a result of a bona fide sale of the entire building and
that the new owner is unable to obtain requisite records for the fiscal
years nineteen hundred sixty-eight through nineteen hundred seventy
S. 6615 39
despite diligent efforts to obtain same from predecessors in title and
further provided that the new owner can provide financial data covering
a minimum of six years under his or her continuous and uninterrupted
operation of the building to meet the three year to three year compar-
ative test periods herein provided; and (b) as to completed building-
wide major capital improvements, for a finding that such improvements
are deemed depreciable under the Internal Revenue Code and that the cost
is to be amortized over a twelve-year period for a building with thir-
ty-five or fewer housing accommodations, or a twelve and one-half-year
period for a building with more than thirty-five housing accommodations,
for any determination issued by the division of housing and community
renewal after the effective date of the the chapter of the laws of two
thousand nineteen that amended this paragraph and shall be removed from
the legal regulated rent thirty years from the date the increase became
effective inclusive of any increases granted by the applicable rent
guidelines board. Temporary major capital improvement increases shall
be collectible prospectively ON THE FIRST DAY OF THE FIRST MONTH BEGIN-
NING sixty days from the date of mailing notice of approval to the
tenant. Such notice shall disclose the total monthly increase in rent
and the first month in which the tenant would be required to pay the
temporary increase. An approval for a temporary major capital improve-
ment increase shall not include retroactive payments. The collection of
any increase shall not exceed two percent in any year from the effective
date of the order granting the increase over the rent set forth in the
schedule of gross rents, with collectability of any dollar excess above
said sum to be spread forward in similar increments and added to the
rent as established or set in future years. Upon vacancy, the landlord
may add any remaining balance of the temporary major capital improvement
increase to the legal regulated rent. Notwithstanding any other
provision of the law, FOR ANY RENEWAL LEASE COMMENCING ON OR AFTER JUNE
14, 2019, the collection of any rent increases due to any major capital
improvements approved on or after June 16, 2012 and before June 16, 2019
shall not exceed two percent in any year [beginning on or after Septem-
ber 1, 2019] for any tenant in occupancy on the date the major capital
improvement was approved or based upon cash purchase price exclusive of
interest or service charges. Notwithstanding anything to the contrary
contained herein, no hardship increase granted pursuant to this para-
graph shall, when added to the annual gross rents, as determined by the
commissioner, exceed the sum of, (i) the annual operating expenses, (ii)
an allowance for management services as determined by the commissioner,
(iii) actual annual mortgage debt service (interest and amortization) on
its indebtedness to a lending institution, an insurance company, a
retirement fund or welfare fund which is operated under the supervision
of the banking or insurance laws of the state of New York or the United
States, and (iv) eight and one-half percent of that portion of the fair
market value of the property which exceeds the unpaid principal amount
of the mortgage indebtedness referred to in subparagraph (iii) of this
paragraph. Fair market value for the purposes of this paragraph shall be
six times the annual gross rent. The collection of any increase in the
stabilized rent for any apartment pursuant to this paragraph shall not
exceed six percent in any year from the effective date of the order
granting the increase over the rent set forth in the schedule of gross
rents, with collectability of any dollar excess above said sum to be
spread forward in similar increments and added to the stabilized rent as
established or set in future years;
S. 6615 40
§ 29. Subdivision (c) of section 18 of part K of chapter 36 of the
laws of 2019, amending the emergency tenant protection act of nineteen
seventy-four and other laws relating to a temporary increase in rent in
certain cases, is amended to read as follows:
(c) [effective immediately,] the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act on
[its effective date are authorized and] AND AFTER JUNE 14, 2019 ARE
directed to be made IMMEDIATELY and completed on or before [such effec-
tive date] JUNE 14, 2020, PROVIDED HOWEVER THAT IN THE ABSENCE OF SUCH
RULES AND REGULATIONS, THE DIVISION SHALL IMMEDIATELY COMMENCE AND
CONTINUE IMPLEMENTATION OF ALL PROVISIONS OF THIS ACT.
§ 30. Subdivision 2 of section 20 of the public housing law, as added
by section 2 of part L of chapter 36 of the laws of 2019, is amended to
read as follows:
2. The commissioner shall, on or before December thirty-first, two
thousand nineteen, and on or before December thirty-first in each subse-
quent year, submit and make publicly available a report to the governor,
the temporary president of the senate, the speaker of the assembly, and
on its website, on the implementation of the system of rent regulation
pursuant to chapter five hundred seventy-six of the laws of nineteen
hundred seventy-four, chapter two hundred seventy four of the laws of
nineteen hundred forty-six, chapter three hundred twenty-nine of the
laws of nineteen hundred sixty-three, chapter five hundred fifty-five of
the laws of nineteen hundred eighty-two, chapter four hundred two of the
laws of nineteen hundred eighty-three, chapter one hundred sixteen of
the laws of nineteen hundred ninety-seven, sections 26-501, 26-502, and
26-520 of the administrative code of the city of New York and the hous-
ing stability and tenant protection act of 2019. Such report shall
include but not be limited to: a narrative describing the programs and
activities undertaken by the office of rent administration and the
tenant protection unit, and any other programs or activities undertaken
by the division to implement, administer, and enforce the system of rent
regulation; and in tabular format, for each of the three fiscal years
immediately preceding the date the report is due: (i) the number of rent
stabilized housing accommodations within each county; (ii) the number of
rent controlled housing accommodations within each county; (iii) the
number of applications for major capital improvements filed with the
division, the number of such applications approved as submitted, the
number of such applications approved with modifications, and the number
of such applications rejected; (iv) the median and mean value of appli-
cations for major capital improvements approved; (v) the number of units
which were registered with the division where the amount charged to and
paid by the tenant was less than the registered rent for the housing
accommodation; (vi) for housing accommodations that were registered with
the division where the amount charged to and paid by the tenant was less
than the registered rent for the housing accommodation, the median and
mean difference between the registered rent for a housing accommodation
and the amount charged to and paid by the tenant; (vii) the median and
mean registered rent for housing accommodations for which the lease was
renewed by an existing tenant; (viii) the median and mean registered
rent for housing accommodations for which a lease was signed by a new
tenant after a vacancy; (ix) the median and mean increase, in dollars
and as a percentage, in the registered rent for housing accommodations
where the lease was signed by a new tenant after a vacancy; (x) the
median and mean increase, in dollars and as a percentage, in the regis-
tered rent for housing accommodations where the lease was signed by a
S. 6615 41
new tenant after a vacancy, where the amount changed to and paid by the
prior tenant was the full registered rent; (xi) the median and mean
increase, in dollars and as a percentage, in the registered rent for
housing accommodations where the lease was signed by a new tenant after
a vacancy, where the amount changed to and paid by the prior tenant was
less than the registered rent; (xii) the number of rent overcharge
complaints processed by the division; (xiii) the number of final over-
charge orders granting an overcharge; (xiv) the number of investigations
commenced by the tenant protection unit, the aggregate number of rent
stabilized or rent controlled housing accommodations in each county that
were the subject of such investigations, and the dispositions of such
investigations. At the time the report is due, the commissioner shall
make available to the governor, the temporary president of the senate,
the speaker of the assembly, and shall make publicly available, and on
its website in machine readable format, the data used to tabulate the
figures required to be included in the report, taking any steps neces-
sary to protect confidential information regarding ONGOING INVESTI-
GATIONS, individual buildings, housing accommodations, property owners,
and tenants.
§ 31. Subdivision 2 of section 226-c of the real property law, as
added by section 3 of part M of chapter 36 of the laws of 2019, is
amended to read as follows:
2. (a) FOR THE PURPOSES OF THIS SECTION, THE REQUIRED NOTICE SHALL BE
BASED ON THE CUMULATIVE AMOUNT OF TIME THE TENANT HAS OCCUPIED THE RESI-
DENCE OR THE LENGTH OF THE TENANCY IN EACH LEASE, WHICHEVER IS LONGER.
(B) If the tenant has occupied the unit for less than one year and
does not have a lease term of at least one year, the landlord shall
provide at least thirty days' notice.
[(b)] (C) If the tenant has occupied the unit for more than one year
but less than two years, or has a lease term of at least one year but
less than two years, the landlord shall provide at least sixty days'
notice.
[(c)] (D) If the tenant has occupied the unit for more than two years
or has a lease term of at least two years, the landlord shall provide at
least ninety days' notice.
§ 32. Section 232-a of the real property law, as amended by section 6
of part M of chapter 36 of the laws of 2019, is amended to read as
follows:
§ 232-a. Notice to terminate monthly tenancy or tenancy from month to
month in the city of New York. No monthly tenant, or tenant from month
to month, shall hereafter be removed from any lands or buildings in the
city of New York on the grounds of holding over the tenant's term unless
pursuant to the notice period required by subdivision two of section two
hundred twenty-six-c of this article, OR FOR A TENANCY OTHER THAN A
RESIDENTIAL TENANCY AT LEAST THIRTY DAYS BEFORE THE EXPIRATION OF THE
TERM, the landlord or the landlord's agent serve upon the tenant, in the
same manner in which a notice of petition in summary proceedings is now
allowed to be served by law, a notice in writing to the effect that the
landlord elects to terminate the tenancy and that unless the tenant
removes from such premises on the day designated in the notice, the
landlord will commence summary proceedings under the statute to remove
such tenant therefrom.
§ 33. Section 232-b of the real property law, as amended by section 7
of part M of chapter 36 of the laws of 2019, is amended to read as
follows:
S. 6615 42
§ 232-b. Notification to terminate monthly tenancy or tenancy from
month to month outside the city of New York. A monthly tenancy or tenan-
cy from month to month of any lands or buildings located outside of the
city of New York may be terminated by the tenant OR FOR A TENANCY OTHER
THAN A RESIDENTIAL TENANCY THE LANDLORD, upon the tenant's OR NON-RESI-
DENTIAL LANDLORD'S notifying the landlord OR NON-RESIDENTIAL TENANT at
least one month before the expiration of the term of the tenant's
election to terminate; provided, however, that no notification shall be
necessary to terminate a tenancy for a definite term.
§ 34. Section 29 of part M of chapter 36 of the laws of 2019, amending
the real property law, and other laws, in relation to enacting the
"statewide housing security and tenant protection act of 2019", is
amended to read as follows:
§ 29. This act shall take effect immediately and shall apply to
actions and proceedings commenced on or after such effective date;
provided, however, that sections three, six and seven shall take effect
on the one hundred twentieth day after this act shall have become a law;
provided, further, that section twenty-five of this act shall take
effect on the thirtieth day after this act shall have become a law and
shall apply to any lease or rental agreement or renewal of a lease or
rental agreement entered into on or after such date; and, provided,
further, [section] SECTIONS five, FOURTEEN, SIXTEEN AND SEVENTEEN of
this act shall take effect on the thirtieth day after this act shall
have become a law.
§ 35. Paragraph 2 of subdivision y of section 233 of the real property
law, as added by section 9 of part O of chapter 36 of the laws of 2019,
is amended to read as follows:
2. Every rent-to-own contract shall be in writing and clearly state
all terms, including but not limited to: a description of the home to be
leased, including the name of the manufacturer, the serial number and
the year of manufacture; the site number upon which the home is located
in the manufactured home park; an itemized statement of any payments to
be made during the term of the contract, including the initial lot rent,
the rental amount for the home, and the amount of the rent-to-own
payments; the term of the agreement; the number of payments, itemized,
required to be made over the term of the agreement; [the annual percent-
age rate of the amount financed] ANY LIEN OR SECURITY INTEREST ENCUMBER-
ING THE MANUFACTURED OR MOBILE HOME, if applicable; and the amount of
any additional fees to be paid during the term. A rent-to-own contract
shall not require a manufactured home tenant to pay any additional fees
for transfer of ownership at the end of the lease period. A rent-to-own
contract shall provide that where the rent-to-own tenant pays all rent-
to-own payments and other fees established in the contract during the
lease term, title transferred at the end of the lease term shall be free
of superior interests, liens or encumbrances.
§ 36. Subparagraph 5 of the second undesignated paragraph of paragraph
(a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946,
constituting the emergency housing rent control law, as amended by
section 25 of part B of chapter 97 of the laws of 2011, is amended to
read as follows:
(5) the landlord and tenant by mutual voluntary written INFORMED
agreement agree to a substantial increase or decrease in dwelling space
[or a change in the services], furniture, furnishings or equipment
provided in the housing accommodations; provided that an owner shall be
entitled to a rent increase where there has been a substantial modifica-
tion or increase of dwelling space [or an increase in the services], or
S. 6615 43
installation of new equipment or improvements or new furniture or
furnishings provided in or to a tenant's housing accommodation. The
[permanent] TEMPORARY increase in the maximum rent for the affected
housing accommodation shall be [one-fortieth] ONE-ONE HUNDRED SIXTY-
EIGHTH, in the case of a building with thirty-five or fewer housing
accommodations, or [one-sixtieth] ONE-ONE HUNDRED EIGHTIETH, in the case
of a building with more than thirty-five housing accommodations where
such [permanent] increase takes effect on or after [September twenty-
fourth, two thousand eleven, of the total cost incurred by the landlord
in providing such modification or increase in dwelling space, services,
furniture, furnishings or equipment, including the cost of installation,
but excluding finance charges provided] THE EFFECTIVE DATE OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND NINETEEN THAT AMENDED THIS SUBPARAGRAPH,
OF THE TOTAL ACTUAL COST INCURRED BY THE LANDLORD UP TO FIFTEEN THOUSAND
DOLLARS IN PROVIDING SUCH REASONABLE AND VERIFIABLE MODIFICATION OR
INCREASE IN DWELLING SPACE, FURNITURE, FURNISHINGS, OR EQUIPMENT,
INCLUDING THE COST OF INSTALLATION BUT EXCLUDING FINANCE CHARGES AND ANY
COSTS THAT EXCEED REASONABLE COSTS ESTABLISHED BY RULES AND REGULATIONS
PROMULGATED BY THE DIVISION OF HOUSING AND COMMUNITY RENEWAL. SUCH RULES
AND REGULATIONS SHALL INCLUDE: (I) REQUIREMENTS FOR WORK TO BE DONE BY
LICENSED CONTRACTORS AND A PROHIBITION ON COMMON OWNERSHIP BETWEEN THE
LANDLORD AND THE CONTRACTOR OR VENDOR; AND (II) A REQUIREMENT THAT THE
OWNER RESOLVE WITHIN THE DWELLING SPACE ALL OUTSTANDING HAZARDOUS OR
IMMEDIATELY HAZARDOUS VIOLATIONS OF THE UNIFORM FIRE PREVENTION AND
BUILDING CODE (UNIFORM CODE), NEW YORK CITY FIRE CODE, OR NEW YORK CITY
BUILDING AND HOUSING MAINTENANCE CODES, IF APPLICABLE. PROVIDED further
that an owner who is entitled to a rent increase pursuant to this clause
shall not be entitled to a further rent increase based upon the instal-
lation of similar equipment, or new furniture or furnishings within the
useful life of such new equipment, or new furniture or furnishings.
PROVIDED FURTHER THAT THE RECOVERABLE COSTS INCURRED BY THE LANDLORD,
PURSUANT TO THIS SUBPARAGRAPH, SHALL BE LIMITED TO AN AGGREGATE COST OF
FIFTEEN THOUSAND DOLLARS THAT MAY BE EXPENDED ON NO MORE THAN THREE
SEPARATE INDIVIDUAL APARTMENT IMPROVEMENTS IN A FIFTEEN YEAR PERIOD
BEGINNING WITH THE FIRST INDIVIDUAL APARTMENT IMPROVEMENT ON OR AFTER
JUNE FOURTEENTH, TWO THOUSAND NINETEEN. PROVIDED FURTHER THAT INCREASES
TO THE LEGAL REGULATED RENT PURSUANT TO THIS PARAGRAPH SHALL BE REMOVED
FROM THE LEGAL REGULATED RENT THIRTY YEARS FROM THE DATE THE INCREASE
BECAME EFFECTIVE INCLUSIVE OF ANY INCREASES GRANTED BY THE APPLICABLE
RENT GUIDELINES BOARD. The owner shall give written notice to the
commission of any such adjustment pursuant to this clause; or
§ 37. Severability clause. If any clause, sentence, paragraph, subdi-
vision, or section of this act shall be adjudged by any court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, section or part
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.
§ 38. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and in the same
manner as chapter 36 of the laws of 2019 took effect; provided, further
that:
(a) the amendments to chapter 4 of title 26 of the administrative code
of the city of New York made by sections one, twelve, fourteen, nine-
S. 6615 44
teen, twenty-one and twenty-eight of this act shall expire on the same
date as such chapter expires and shall not affect the expiration of such
chapter as provided under section 26-520 of such law; and
(b) the amendments to sections 26-405 and 26-405.1 of the city rent
and rehabilitation law made by sections twenty, twenty-two and twenty-
seven of this act shall remain in full force and effect only as long as
the public emergency requiring the regulation and control of residential
rents and evictions continues, as provided in subdivision 3 of section 1
of the local emergency housing rent control act; and
(c) sections thirty-one, thirty-two and thirty-three of this act shall
take effect on the same date and in the same manner as sections 3, 6 and
7 of part M of chapter 36 of the laws of 2019, enacting the "statewide
housing security and tenant protection act of 2019", takes effect and
shall apply to actions and proceedings commenced on or after such effec-
tive date; and
(d) section thirty-five of this act shall take effect on the same date
and in the same manner as section 9 of part O of chapter 36 of the laws
of 2019, takes effect.
PART R
Section 1. Subparagraph (i) of paragraph 1 of subdivision b of section
1612 of the tax law, as amended by section 1 of part I of chapter 61 of
the laws of 2017, is amended to read as follows:
(i) less ten percent of the total revenue wagered after payout for
prizes to be retained by the division for operation, administration, and
procurement purposes, provided, however, a vendor track located within
Oneida county, within fifteen miles of a Native American class III
gaming facility, that has maintained at least ninety percent of full-
time equivalent employees as they employed in the year two thousand
sixteen, may, FOR EACH QUARTER THIS SUBPARAGRAPH IS EFFECTIVE, withhold
up to seventy-five percent of such funds for operational expenses [upon
a determination by the gaming commission that such funds are necessary
to sustain operation of such vendor track] PROVIDED SUCH VENDOR TRACK
HAS FILED AN AFFIRMATION WITH THE GAMING COMMISSION CERTIFYING THAT THIS
ADDITIONAL AMOUNT IS NECESSARY TO RAISE REVENUES TO THE SAME LEVEL AS
EXPENSES DURING THE PREVIOUS QUARTER;
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after June 29, 2017; provided,
however, that the amendments to subparagraph (i) of paragraph 1 of
subdivision b of section 1612 of the tax law made by section one of this
act shall not affect the expiration and reversion of such subparagraph
and shall expire and revert therewith.
PART S
Section 1. Clause (B) of subparagraph (ii) of paragraph 1 of subdivi-
sion b of section 1612 of the tax law is amended by adding a new
subclause 5 to read as follows:
(5) FORTY-NINE PERCENT FOR A VIDEO LOTTERY GAMING FACILITY AUTHORIZED
PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION A OF SECTION SIXTEEN HUNDRED
SEVENTEEN-A OF THIS ARTICLE;
§ 1-a. Clause (A) of subparagraph (iii) of paragraph 1 of subdivision
b of section 1612 of the tax law, as added by section 1 of part EE of
chapter 59 of the laws of 2019, is amended to read as follows:
S. 6615 45
(A) when a vendor track is located within REGION ONE AND IS LOCATED
WITHIN ORANGE COUNTY OR region two of development zone two, as such zone
is defined in section thirteen hundred ten of the racing, pari-mutuel
wagering and breeding law, or is located within region six of such
development zone two and is located within Ontario county, the addi-
tional vendor fee received by the vendor track shall be calculated
pursuant to subclause one of this clause; provided, however, such addi-
tional vendor fee shall not exceed ten percent.
§ 2. Paragraph 2 of subdivision b of section 1612 of the tax law, as
amended by section 1 of part OO of chapter 59 of the laws of 2014, is
amended to read as follows:
2. As consideration for the operation of a video lottery gaming facil-
ity, the division, shall cause the investment in the racing industry of
a portion of the vendor fee received pursuant to paragraph one of this
subdivision in the manner set forth in this subdivision. With the
exception of Aqueduct racetrack, A VIDEO LOTTERY GAMING FACILITY AUTHOR-
IZED PURSUANT TO PARAGRAPH FIVE OF SUBDIVISION A OF SECTION SIXTEEN
HUNDRED SEVENTEEN-A OF THIS ARTICLE or a facility in the county of
Nassau or Suffolk operated by a corporation established pursuant to
section five hundred two of the racing, pari-mutuel wagering and breed-
ing law, each such track shall dedicate a portion of its vendor fees,
received pursuant to clause (A), (B), (B-1), (B-2), (C), OR (D)[, (E),
(F), or (G)] of subparagraph (ii) of paragraph one of this subdivision,
for the purpose of enhancing purses at such track, in an amount equal to
eight and three-quarters percent of the total revenue wagered at the
vendor track after pay out for prizes. One percent of the gross purse
enhancement amount, as required by this subdivision, shall be paid to
the gaming commission to be used exclusively to promote and ensure
equine health and safety in New York. Any portion of such funding to the
gaming commission unused during a fiscal year shall be returned to the
video lottery gaming operators on a pro rata basis in accordance with
the amounts originally contributed by each operator and shall be used
for the purpose of enhancing purses at such track. One and one-half
percent of the gross purse enhancement amount at a thoroughbred track,
as required by this subdivision, shall be paid to an account established
pursuant to section two hundred twenty-one-a of the racing, pari-mutuel
wagering and breeding law to be used exclusively to provide health
insurance for jockeys. In addition, with the exception of Aqueduct race-
track, A VIDEO LOTTERY GAMING FACILITY AUTHORIZED PURSUANT TO PARAGRAPH
FIVE OF SUBDIVISION A OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS
ARTICLE or a facility in the county of Nassau or Suffolk operated by a
corporation established pursuant to section five hundred two of the
racing, pari-mutuel wagering and breeding law, one and one-quarter
percent of total revenue wagered at the vendor track after pay out for
prizes, received pursuant to clause (A), (B), (B-1), (B-2), (C), OR
(D)[, (E), (F), or (G)] of subparagraph (ii) of paragraph one of this
subdivision, shall be distributed to the appropriate breeding fund for
the manner of racing conducted by such track.
Provided, further, that nothing in this paragraph shall prevent each
track from entering into an agreement, not to exceed five years, with
the organization authorized to represent its horsemen to increase or
decrease the portion of its vendor fee dedicated to enhancing purses at
such track during the years of participation by such track, or to race
fewer dates than required herein.
§ 3. Subdivision h of section 1612 of the tax law, as amended by chap-
ter 174 of the laws of 2013, is amended to read as follows:
S. 6615 46
h. As consideration for the operation of a video lottery gaming
[resort] facility located in [Sullivan county] ORANGE COUNTY, the divi-
sion shall cause the investment in the racing industry at the following
amount from the vendor fee to be paid as follows:
As amount to the horsemen for purses at a licensed racetrack in Sulli-
van county [and to the agriculture and New York state horse breeding
development fund to maintain racing support payments at the same dollar
levels realized in two thousand thirteen, to be adjusted by the consumer
price index for all urban consumers, as published annually by the United
States department of labor bureau of labor statistics] IN AN AMOUNT
EQUAL TO EIGHT AND THREE-QUARTERS PERCENT OF THE TOTAL REVENUE WAGERED
AT THE VIDEO LOTTERY GAMING FACILITY, AFTER PAY OUT FOR PRIZES. THE
FACILITY LOCATED IN ORANGE COUNTY, AS DEFINED IN PARAGRAPH FIVE OF
SUBDIVISION A OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THIS ARTICLE
SHALL PAY TO THE HORSEMEN AT A LICENSED RACETRACK AT YONKERS RACETRACK
AN AMOUNT TO MAINTAIN PURSES FOR SUCH HORSEMEN AT THE SAME DOLLAR LEVELS
REALIZED IN TWO THOUSAND EIGHTEEN, TO BE ADJUSTED BY THE CONSUMER PRICE
INDEX FOR ALL URBAN CONSUMERS, AS PUBLISHED ANNUALLY BY THE UNITED
STATES DEPARTMENT OF LABOR BUREAU OF LABOR STATISTICS. IN ADDITION, ONE
AND ONE-QUARTER PERCENT OF TOTAL REVENUE WAGERED AT THE VIDEO LOTTERY
GAMING FACILITY AFTER PAY OUT FOR PRIZES, RECEIVED PURSUANT TO CLAUSE
(B) OF SUBPARAGRAPH (II) OF PARAGRAPH ONE OF SUBDIVISION B OF THIS
SECTION, SHALL BE DISTRIBUTED TO THE APPROPRIATE BREEDING FUND FOR THE
MANNER OF RACING CONDUCTED BY SUCH TRACK. In no circumstance shall net
proceeds of the lottery, including the proceeds from video lottery
gaming, be used for the payment of non-lottery expenses of the gaming
commission, administrative or otherwise.
§ 4. Subdivision a of section 1617-a of the tax law is amended by
adding three new paragraphs 5, 6, and 7 to read as follows:
(5) AT A FACILITY LOCATED IN ORANGE COUNTY TO BE OPERATED BY THE ENTI-
TY OTHERWISE LICENSED TO OPERATE VIDEO LOTTERY GAMING AT MONTICELLO
RACETRACK, PROVIDED THAT: (I) SUCH LICENSED ENTITY IS NO LONGER OPERAT-
ING VIDEO LOTTERY GAMING AT MONTICELLO RACETRACK AND PROVIDED THAT
MONTICELLO RACETRACK IS CONDUCTING RACING OPERATIONS; (II) SUCH FACILITY
IN ORANGE COUNTY IS NOT SITED WITHIN A THIRTY MILE RADIUS OF THE VIDEO
LOTTERY GAMING FACILITY AT YONKERS RACETRACK; AND (III) THE LICENSED
ENTITY, ITS SUBSIDIARIES AND AFFILIATES, INCLUDING THE ENTITY LICENSED
TO OPERATE A COMMERCIAL GAMING FACILITY IN SULLIVAN COUNTY, AND THE
ENTITY LICENSED TO OPERATE VIDEO LOTTERY GAMING AT YONKERS RACETRACK
ENTER INTO A MITIGATION AGREEMENT, TO BE APPROVED BY THE GAMING COMMIS-
SION, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, TERMS THAT REQUIRE:
(A) THE OPERATOR OF THE FACILITY IN ORANGE COUNTY TO MAKE AN ANNUAL
PAYMENT TO THE ENTITY LICENSED TO OPERATE VIDEO LOTTERY GAMING OR
COMMERCIAL GAMING AT YONKERS RACETRACK TO ACCOUNT FOR THE EFFECTS THAT
SITING SUCH FACILITY IN ORANGE COUNTY WOULD LIKELY HAVE ON THE GROSS
GAMING REVENUE OF THE ENTITY LICENSED TO OPERATE AT YONKERS RACETRACK;
(B) EMPLOYMENT LEVELS AT THE AFFECTED FACILITIES; AND (C) THAT UPON
EXPIRATION OR TERMINATION OF THE AGREEMENT, THE AUTHORITY TO OPERATE
VIDEO LOTTERY GAMING IN ORANGE COUNTY SHALL CEASE. NOTWITHSTANDING ANY
OTHER PROVISION OF THIS SUBDIVISION, AT NO TIME SHALL AN ENTITY OPERAT-
ING VIDEO LOTTERY GAMING IN ORANGE COUNTY BE PERMITTED TO APPLY FOR OR
RECEIVE A LICENSE TO OPERATE A COMMERCIAL GAMING FACILITY IN THAT COUN-
TY.
(6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AS A
CONDITION OF THE LICENSE TO OPERATE A VIDEO LOTTERY GAMING FACILITY
LOCATED IN ORANGE COUNTY, SUCH OPERATOR SHALL PROVIDE AN ANNUAL CERTIF-
S. 6615 47
ICATION TO THE NEW YORK STATE GAMING COMMISSION THAT THE STAFFING LEVELS
AT A COMMERCIAL GAMING FACILITY LOCATED IN ZONE TWO, REGION ONE PURSUANT
TO SECTION THIRTEEN HUNDRED TEN OF THE RACING, PARI-MUTUEL WAGERING AND
BREEDING LAW (OR ANY SUCCESSOR COMMERCIAL GAMING FACILITY LOCATED IN
SAID REGION) ARE NO LESS THAN ONE THOUSAND FOUR HUNDRED SEVENTY-THREE
FULL-TIME, PERMANENT EMPLOYEES. IN FURTHERANCE OF AND WITHOUT LIMITING
THE FOREGOING, THE LICENSEE FOR THE COMMERCIAL GAMING FACILITY LOCATED
IN ZONE TWO, REGION ONE PURSUANT TO SECTION THIRTEEN HUNDRED TEN OF THE
RACING, PARI-MUTUEL WAGERING AND BREEDING LAW (OR ANY SUCCESSOR COMMER-
CIAL GAMING FACILITY LOCATED IN SUCH REGION) SHALL NOT CONDUCT ANY MASS,
INVOLUNTARY LAYOFF EVENTS THAT WOULD TRIGGER WORKER ADJUSTMENT AND
RETRAINING NOTIFICATION (WARN) ACT NOTIFICATIONS PURSUANT TO ARTICLE
TWENTY-FIVE-A OF THE LABOR LAW OR OTHERWISE RESULT IN THE EMPLOYMENT
LEVELS AT SUCH FACILITY DROPPING BELOW LEVELS MANDATED BY THIS SECTION.
FOR PURPOSES OF THIS SECTION, "FULL-TIME, PERMANENT EMPLOYEE" SHALL MEAN
AN EMPLOYEE WHO HAS WORKED AT THE FACILITY FOR A MINIMUM OF THIRTY-FIVE
HOURS PER WEEK FOR NOT LESS THAN FOUR CONSECUTIVE WEEKS AND WHO IS ENTI-
TLED TO RECEIVE THE USUAL AND CUSTOMARY FRINGE BENEFITS EXTENDED TO
OTHER EMPLOYEES WITH COMPARABLE RANK AND DUTIES; OR TWO PART-TIME
EMPLOYEES WHO HAVE WORKED AT THE FACILITY FOR A COMBINED MINIMUM OF
THIRTY-FIVE HOURS PER WEEK FOR NOT LESS THAN FOUR CONSECUTIVE WEEKS AND
WHO ARE ENTITLED TO RECEIVE THE USUAL AND CUSTOMARY FRINGE BENEFITS
EXTENDED TO OTHER EMPLOYEES WITH COMPARABLE RANK AND DUTIES.
(7) THE VILLAGE OF MONTICELLO, SULLIVAN COUNTY, THE TOWN OF THOMPSON,
SULLIVAN COUNTY, AND SULLIVAN COUNTY SHALL CONTINUE TO RECEIVE ASSIST-
ANCE PAYMENTS MADE PURSUANT TO SECTION FIFTY-FOUR-L OF THE STATE FINANCE
LAW.
§ 5. Section 54-l of the state finance law is amended by adding a new
subdivision 5 to read as follows:
5. THE TOWN AND COUNTY IN WHICH THE FACILITY DEFINED IN PARAGRAPH FIVE
OF SUBDIVISION A OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW
IS LOCATED SHALL RECEIVE ASSISTANCE PAYMENTS MADE PURSUANT TO THIS
SECTION AT THE SAME DOLLAR LEVEL REALIZED BY THE VILLAGE OF MONTICELLO,
SULLIVAN COUNTY, THE TOWN OF THOMPSON, SULLIVAN COUNTY, AND SULLIVAN
COUNTY. EACH VILLAGE IN WHICH THE FACILITY DEFINED IN PARAGRAPH FIVE OF
SUBDIVISION A OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW IS
LOCATED SHALL RECEIVE ASSISTANCE PAYMENTS MADE PURSUANT TO THIS SECTION
AT THE RATE OF FIFTY PERCENT OF THE DOLLAR LEVEL REALIZED BY THE VILLAGE
OF MONTICELLO. ANY PAYMENTS MADE PURSUANT TO THIS SUBDIVISION SHALL NOT
COMMENCE UNTIL THE FACILITY DEFINED IN PARAGRAPH FIVE OF SUBDIVISION A
OF SECTION SIXTEEN HUNDRED SEVENTEEN-A OF THE TAX LAW HAS REALIZED
REVENUE FOR A PERIOD OF TWELVE CONSECUTIVE MONTHS.
§ 6. This act shall take effect immediately; provided, however, that
no video lottery gaming may be conducted at any facility within Orange
county unless and until the mitigation agreement required by this act is
executed by all parties and approved by the gaming commission.
PART T
Section 1. Subdivisions 11, 12 and 13 of section 140-a of the judici-
ary law, as amended by section 1 of part XX of chapter 59 of the laws of
2018, are amended to read as follows:
11. Eleventh district, [forty] FORTY-ONE;
12. Twelfth district, [twenty-six] TWENTY-SEVEN;
13. Thirteenth district, [four] FIVE.
S. 6615 48
§ 2. Subdivision 50 of section 182 of the judiciary law, as amended by
chapter 125 of the laws of 1970, is amended to read as follows:
50. Tompkins, [two] THREE;
§ 3. This act shall take effect immediately; provided, however, that
the additional supreme court judges provided for by section one of this
act and the additional county court judge provided for by section two of
this act shall first be elected at the general election to be held in
November 2019 and shall take office January 1, 2020.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part 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 part thereof directly involved in the controversy in which such judg-
ment 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.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through T of this act shall be
as specifically set forth in the last section of such Parts.
