§ 421-A — Affordable New York Housing Program

New York § 421-A

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 2: Private Property
• Art. 4: Exemptions

Text

§ 421-a. Affordable New York Housing Program. 1. The following terms,\nwhenever used or referred to in this section, shall have the following\nmeaning, unless a different meaning clearly appears in the context.\n a. "Adjusted Monthly Rent." The rent payable per month as provided in\nthe first effective lease or occupancy agreement upon initial occupancy\nof a rental dwelling unit of a multiple dwelling after construction\naided by exemption under this section less the cost of providing parking\nfacilities and electricity, gas, cooking fuel and other utilities other\nthan heat and hot water to occupants of such dwelling units.\n b. "Floor area." The horizontal areas of the several floors or any\nportion thereof of a dwelling or dwellings and accessory structures on a\nlot measured from the exterior faces of exterior walls or from the\ncenter line of party walls.\n c. "Multiple Dwelling." A dwelling which is to be occupied or is\noccupied as the residence or home of three or more families living\nindependently of one another, whether such dwelling is rented or owned\nas a cooperative or condominium. A new multiple dwelling shall include\nnew residential construction and the concurrent conversion, alteration\nor improvement of a pre-existing building or structure provided that (i)\nfor all tax lots now existing or hereafter created, no more than\nforty-nine percent of the floor area (as defined in paragraph b of this\nsubdivision) of the multiple dwelling consists of the pre-existing\nbuilding or structure that was converted, altered or improved, and (ii)\nfor tax lots in the city of New York now existing or hereafter created\nwithin the following area in the borough of Manhattan, the new\nresidential construction and/or the concurrent conversion, alteration or\nimprovement of the pre-existing building or structure is aided by a\ngrant, loan or subsidy from any federal, state or local agency or\ninstrumentality: beginning at the intersection of the United States\npierhead line in the Hudson river and the center line of Chambers street\nextended, thence easterly to the center line of Chambers street and\ncontinuing along the center line of Chambers street to the center line\nof Centre street, thence southerly along the center line of Centre\nstreet to the center line of the Brooklyn Bridge to the intersection of\nthe Brooklyn Bridge and the United States pierhead line in the East\nriver, thence northerly along the United States pierhead line in the\nEast river and the center line of one hundred tenth street extended,\nthence westerly to the center line of one hundred tenth street and\ncontinuing along the center line of one hundred tenth street to its\nwesterly terminus, thence westerly to the intersection of the center\nline of one hundred tenth street extended and the United States pierhead\nline in the Hudson river, thence southerly along the United States\npierhead line in the Hudson river to the point of beginning.\n d. "Room Count." Two and one-half rooms for each dwelling unit plus\none room for each bedroom plus one room for each additional room\nseparated by either walls or doors plus one-half room for a balcony,\nprovided that kitchens, bathrooms or corridors shall not count as such\nadditional rooms.\n 2. (a) (i) Within a city having a population of one million or more,\nnew multiple dwellings, except hotels, shall be exempt from taxation for\nlocal purposes, other than assessments for local improvements, for the\ntax year or years immediately following taxable status dates occurring\nsubsequent to the commencement and prior to the completion of\nconstruction, but not to exceed three such tax years, and shall continue\nto be exempt from such taxation in tax years immediately following the\ntaxable status date first occurring after the expiration of the\nexemption herein conferred during construction so long as used at the\ncompletion of construction for dwelling purposes for a period not to\nexceed ten years in the aggregate after the taxable status date\nimmediately following the completion thereof, as follows:\n (A) except as otherwise provided herein there shall be full exemption\nfrom taxation during the period of construction or the period of three\nyears immediately following commencement of construction, whichever\nexpires sooner, and for two years following such period;\n (B) followed by two years of exemption from eighty per cent of such\ntaxation;\n (C) followed by two years of exemption from sixty per cent of such\ntaxation;\n (D) followed by two years of exemption from forty per cent of such\ntaxation;\n (E) followed by two years of exemption from twenty per cent of such\ntaxation;\n The following table shall illustrate the computation of the tax\nexemption:\n CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS\n Exemption\nDuring Construction (maximum three years) 100%\nFollowing completion of work\nYear:\n 1 100%\n 2 100\n 3 80\n 4 80\n 5 60\n 6 60\n 7 40\n 8 40\n 9 20\n10 20\n (ii) (A) Within a city having a population of one million or more the\nlocal housing agency may adopt rules and regulations providing that\nexcept in areas excluded by local law new multiple dwellings, except\nhotels, shall be exempt from taxation for local purposes, other than\nassessments for local improvements, for the tax year or years\nimmediately following taxable status dates occurring subsequent to the\ncommencement and prior to the completion of construction, but not to\nexceed three such tax years, and shall continue to be exempt from such\ntaxation in tax years immediately following the taxable status date\nfirst occurring after the expiration of the exemption herein conferred\nduring such construction so long as used at the completion of\nconstruction for dwelling purposes for a period not to exceed fifteen\nyears in the aggregate, as follows:\n a. except as otherwise provided herein there shall be full exemption\nfrom taxation during the period of construction or the period of three\nyears immediately following commencement of construction, whichever\nexpires sooner, and for eleven years following such period;\n b. followed by one year of exemption from eighty percent of such\ntaxation;\n c. followed by one year of exemption from sixty percent of such\ntaxation;\n d. followed by one year of exemption from forty percent of such\ntaxation;\n e. followed by one year of exemption from twenty percent of such\ntaxation.\n (B) The benefits of this subparagraph shall not be available in areas\nmade ineligible for the benefits of this section by a local law enacted\npursuant to paragraph (i) of subdivision two of this section,\nnotwithstanding any exceptions to ineligibility contained in such local\nlaw for certain types of projects in such areas.\n (C) Unless excluded by local law, in the city of New York the benefits\nof this subparagraph shall be available in the borough of Manhattan for\ntax lots now existing or hereafter created south of or adjacent to\neither side of one hundred tenth street only if:\n a. the construction is carried out with the substantial assistance of\ngrants, loans or subsidies from any federal, state or local agency or\ninstrumentality, or\n b. the local housing agency has imposed a requirement or has certified\nthat twenty percent of the units be affordable to families of low and\nmoderate income.\n The following table shall illustrate the computation of the exemption:\n CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS\n Exemption\nDuring Construction (maximum three years) 100%\nFollowing completion of work\nYear:\n 1 through 11 100%\n12 80\n13 60\n14 40\n15 20\n (iii) (A) Within a city having a population of one million or more the\nlocal housing agency may adopt rules and regulations providing that new\nmultiple dwellings, except hotels, shall be exempt from taxation for\nlocal purposes, other than assessments for local improvements, for the\ntax year or years immediately following taxable status dates occurring\nsubsequent to the commencement and prior to the completion of\nconstruction, but not to exceed three such tax years, and shall continue\nto be exempt from such taxation in tax years immediately following the\ntaxable status date first occurring after the expiration of the\nexemption herein conferred during such construction so long as used at\nthe completion of construction for dwelling purposes for a period not to\nexceed twenty-five years in the aggregate, provided that the area in\nwhich the project is situated is a neighborhood preservation program\narea as determined by the local housing agency as of June first,\nnineteen hundred eighty-five, or is a neighborhood preservation area as\ndetermined by the New York city planning commission as of June first,\nnineteen hundred eighty-five, or is an area that was eligible for\nmortgage insurance provided by the rehabilitation mortgage insurance\ncorporation as of May first, nineteen hundred ninety-two or is an area\nreceiving funding for a neighborhood preservation project pursuant to\nthe neighborhood reinvestment corporation act (42 U.S.C. §§180 et seq.)\nas of June first, nineteen hundred eighty-five, as follows:\n a. except as otherwise provided herein there shall be full exemption\nfrom taxation during the period of construction or the period of three\nyears immediately following commencement of construction, whichever\nexpires sooner, and for twenty-one years following such period;\n b. followed by one year of exemption from eighty percent of such\ntaxation;\n c. followed by one year of exemption from sixty percent of such\ntaxation;\n d. followed by one year of exemption from forty percent of such\ntaxation;\n e. followed by one year of exemption from twenty percent of such\ntaxation.\n (B) The benefits of this subparagraph shall not be available in areas\nmade ineligible for the benefits of this section by a local law enacted\npursuant to paragraph (i) of subdivision two of this section,\nnotwithstanding any exceptions to ineligibility contained in such local\nlaw for certain types of projects.\n (C) Notwithstanding the provisions of item (A) or (D) of this\nsubparagraph, in the city of New York the benefits of this subparagraph\nshall not be available in the borough of Manhattan for tax lots now\nexisting or hereafter created south of or adjacent to either side of one\nhundred tenth street.\n (D) In addition to being available in the areas described in item (A)\nof this subparagraph, the benefits made available pursuant to this\nsubparagraph shall be available where:\n a. the construction is carried out with the substantial assistance of\ngrants, loans or subsidies from any federal, state or local agency or\ninstrumentality, or\n b. the local housing agency has imposed a requirement or has certified\nthat twenty percent of the units be affordable to families of low and\nmoderate income.\n The following table shall illustrate the computation of the exemption:\n CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS\n Exemption\nDuring Construction (maximum three years) 100%\nFollowing completion of work\nYear:\n 1 through 21 100%\n22 80\n23 60\n24 40\n25 20\n (E) A new multiple dwelling that is situated in (1) a neighborhood\npreservation program area as determined by the department of housing\npreservation and development as of June first, nineteen hundred\neighty-five, (2) a neighborhood preservation area as determined by the\nNew York city planning commission as of June first, nineteen hundred\neighty-five, (3) an area that was eligible for mortgage insurance\nprovided by the rehabilitation mortgage insurance corporation as of May\nfirst, nineteen hundred ninety-two, or (4) an area receiving funding for\na neighborhood preservation project pursuant to the neighborhood\nreinvestment corporation act (42 U.S.C. §§ 8101 et seq.) as of June\nfirst, nineteen hundred eighty-five, shall not be eligible for the\nbenefits available pursuant to this subparagraph unless it complies with\nthe provisions of subdivision seven of this section.\n (iv) (A) Unless excluded by local law, in the city of New York, the\nbenefits of this subparagraph shall be available in the borough of\nManhattan for new multiple dwellings on tax lots now existing or\nhereafter created south of or adjacent to either side of one hundred\ntenth street that commence construction after July first, nineteen\nhundred ninety-two and on or before December thirty-first, two thousand\nfifteen provided, however, that such a multiple dwelling receives its\nfirst temporary or permanent certificate of occupancy covering all\nresidential areas on or before December thirty-first, two thousand\nnineteen, and solely for purposes of determining whether this clause\napplies and notwithstanding any local law to the contrary, "commence"\nshall mean the date upon which excavation and construction of initial\nfootings and foundations lawfully begins in good faith or, for an\neligible conversion, the date upon which the actual construction of the\nconversion, alteration or improvement of the pre-existing building or\nstructure lawfully begins in good faith, only if:\n a. the construction is carried out with the substantial assistance of\ngrants, loans or subsidies from any federal, state or local agency or\ninstrumentality, or\n b. the local housing agency has imposed a requirement or has certified\nthat twenty percent of the units are affordable to families of low and\nmoderate income.\n (B) Such new multiple dwellings, except hotels, shall be exempt from\ntaxation for local purposes, other than assessments for local\nimprovements for the tax year or years immediately following taxable\nstatus dates occurring subsequent to the commencement and prior to the\ncompletion of construction, but not to exceed three such tax years, and\nshall continue to be exempt from such taxation in tax years immediately\nfollowing the taxable status dates first occurring after the expiration\nof the exemption herein conferred during such construction so long as\nused at the completion of construction for dwelling purposes for a\nperiod not to exceed twenty years in the aggregate, as follows:\n a. except as otherwise provided herein, there shall be full exemption\nfrom taxation during the period of construction or the period of three\nyears immediately following commencement of construction, whichever\nexpires sooner, and for twelve years following such period;\n b. followed by two years of exemption from eighty percent of such\ntaxation;\n c. followed by two years of exemption from sixty percent of such\ntaxation;\n d. followed by two years of exemption from forty percent of such\ntaxation;\n e. followed by two years of exemption from twenty percent of such\ntaxation.\n The following table shall illustrate the computation of the exemption:\n CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS\nDuring construction (maximum three years) Exemption 100%\nFollowing completion of work year:\n 1 through 12 100%\n 13-14 80%\n 15-16 60%\n 17-18 40%\n 19-20 20%\n (b) In addition to the taxes payable pursuant to the table above, the\nowner shall pay in each tax year in which such full or partial exemption\nis in effect, real property taxes and assessments as follows:\n (i) real property taxes on the assessed valuation of such land and any\nimprovements thereon in effect during the tax year preceding the\ncommencement of such construction without regard to any exemption or\nabatement from real property taxation in effect prior to such\nconstruction which real property taxes shall be calculated on the tax\nrate in effect at the time such taxes are due; and\n (ii) all assessments for local improvements.\n (c) Such multiple dwellings shall be eligible for exemption from\ntaxation pursuant to this section only if:\n (i) exemption from taxes is not availed of concurrently under any\nother law and that on or after July first, nineteen hundred seventy-six\nno preliminary certificate of eligibility or certificate of eligibility\nissued under this section may be rescinded by the local housing agency\nto avail the property of the benefits of tax exemption or tax abatement\nfor rehabilitation or new construction under the provisions of any other\nlaw, but that prior to July first, nineteen hundred seventy-six the\nlocal housing agency may rescind such certificates to avail the property\nof the benefits of tax exemption or tax abatement under the provisions\nof any other law;\n (ii) construction is commenced after January first, nineteen hundred\nseventy-five and on or before December thirty-first, two thousand\nfifteen provided, however, that (A) such a multiple dwelling receives\nits first temporary or permanent certificate of occupancy covering all\nresidential areas on or before December thirty-first, two thousand\nnineteen, (B) solely for purposes of determining whether this\nsubparagraph applies and notwithstanding any local law to the contrary,\n"commence" shall mean the date upon which excavation and construction of\ninitial footings and foundations lawfully begins in good faith or, for\nan eligible conversion, the date upon which the actual construction of\nthe conversion, alteration or improvement of the pre-existing building\nor structure lawfully begins in good faith, and (C) such commencement\nperiod shall not apply to multiple dwellings eligible for benefits under\nsubparagraph (iv) of paragraph (a) of this subdivision;\n (iii) in the event that, immediately prior to commencement of new\nconstruction, such land was improved with a residential building or\nbuildings that have since been substantially demolished, and the new\nbuilding or buildings contain more than twenty dwelling units, then such\nnew construction shall contain at least five dwelling units for each\nclass A dwelling unit in existence immediately prior to the demolition\npreceding construction; and\n (iv) in the event that a project contains more than 100 dwelling\nunits, at least 15 per cent of the dwelling units contain at least three\nand one-half rooms and at least 10 per cent of the dwelling units\ncontain at least four and one-half rooms, unless a waiver from such\nrequirements is granted by the local housing agency based on hardship.\n (d) As of July first, nineteen hundred seventy-five, if the aggregate\nfloor area of commercial, community facility and accessory use space\nexceeds twelve per cent of the aggregate floor area, as defined herein,\nof any building granted tax exemption pursuant to this section on or\nsubsequent to July first, nineteen hundred seventy-one, tax exemption\nshall be reduced by an amount equal to the per cent of the aggregate\nfloor area by which the aggregate floor area of commercial, community\nfacility and accessory use space exceeds twelve per cent of the\naggregate floor area of the building provided, however, that accessory\nuse space shall not include accessory parking located not more than\ntwenty-three feet above the curb level and provided, further, that\nwhenever a building containing two or more separately assessed parcels\nof real property has commercial, community facility and accessory use\nspace in excess of such twelve percent, the tax arising out of the\nreduction in exemption for such excess space shall not be apportioned\npro rata among all of the separately assessed parcels in the building\nbut shall be applied first to those separately assessed parcels which\nare unrelated to the residential use of the building; and only after\nsuch unrelated parcels are fully taxable shall the remainder of such tax\nbe apportioned pro rata among the remaining separately assessed parcels\nand provided further, that no such exemption for commercial, community\nfacility and accessory use space shall be applicable prior to July\nfirst, nineteen hundred seventy-five. To be eligible for exemption under\nthis section such construction shall take place on land which,\nthirty-six months prior to the commencement of such construction, was\nvacant, predominantly vacant, under-utilized, or improved with a\nnon-conforming use, provided that if such new multiple dwelling\ndisplaces or replaces a building or buildings containing more than\ntwenty-five occupied dwelling units in existence on December\nthirty-first, nineteen hundred seventy-four and administered under the\nlocal emergency housing rent control act, the rent stabilization law of\nnineteen hundred sixty-nine, or the emergency tenant protection act of\nnineteen seventy-four, such new multiple dwelling shall not be eligible\nin the city of New York unless a certificate of eviction has been issued\nfor any of the displaced or replaced units pursuant to the powers\ngranted by the city rent and rehabilitation law, and that the sale,\ntransfer or utilization of air rights over residential buildings that\nwere not demolished shall not be construed as a displacement or\nreplacement of the dwelling units contained within those buildings\nwithin the meaning of this subdivision.\n (e) Any provision of this section to the contrary notwithstanding, the\nfollowing properties shall not be eligible for exemption:\n (i) any multiple dwelling located in any geographical area where the\nexemption is eliminated by regulations promulgated by the local housing\nagency, pursuant to subdivision three of this section, upon a finding by\nthe local housing agency that the need for the tax incentive in such\narea has been significantly reduced, or that an area should be preserved\nfor mainly non-residential purposes in accordance with local municipal\npolicy; unless construction actually commenced prior to January first,\nnineteen hundred eighty-two; provided that the local housing agency\nshall not reduce or eliminate such exemption with respect to multiple\ndwellings of less than four stories in height, as stories are defined in\nthe multiple dwelling law, except in areas to be preserved for mainly\nnon-residential purposes provided further that no regulation regarding\nsuch geographical limitation shall eliminate benefits available pursuant\nto this section for construction which is commenced within two years\nfrom the effective date of such regulation, except in areas to be\npreserved for mainly non-residential purposes;\n (ii) any land which is mapped as a public park, provided, however,\nthat this exclusion from eligibility for exemption shall not apply to\nany land which has been mapped as a public park but which, for a period\nof ten years or more after the date of such mapping, has not been\nacquired by the state or the city in which such land is located and with\nrespect to which land the local department of parks and recreation has\ndetermined that such land is not required for public park purposes, and\nthat such department has no intention of acquiring such land and that no\nfunds have been allocated for such purpose;\n (iii) any land which has been utilized for ten or more consecutive\nyears prior to October first, nineteen hundred seventy-one as a "private\npark" as hereinafter defined. A private park is a privately owned zoning\nlot in a densely developed area having a minimum size of four thousand\nsquare feet, free of all developments and containing only trees, grass,\nbenches, walkways and passive recreational facilities including\nstructures incidental thereto which has been used and maintained during\nsaid period for such passive recreational activity by the general public\nwithout charge with the consent and participation of the owner thereof;\nwhere construction is commenced after December thirty-first, nineteen\nhundred seventy-two, eligibility shall be determined on the basis of the\ncondition of the land on the first day of October, nineteen hundred\nseventy-one.\n (f) Notwithstanding the provisions of any local law for the\nstabilization of rents in multiple dwellings or the emergency tenant\nprotection act of nineteen seventy-four, the rents of a unit shall be\nfully subject to control under such local law or such act, unless exempt\nunder such local law or such act from control by reason of the\ncooperative or condominium status of the unit, for the entire period\nduring which the property is receiving tax benefits pursuant to this\nsection for the period any such applicable law or act is in effect,\nwhichever is shorter. Thereafter, such rents shall continue to be\nsubject to such control to the same extent and in the same manner as if\nthis section had never applied thereto, except that such rents shall be\ndecontrolled if:\n (i) with respect to units subject to the provisions of this section on\nthe effective date of this subparagraph such a unit becomes vacant after\nthe expiration of such ten year period or applicable law or act;\nprovided, however, that such units may be decontrolled pursuant to the\nrent regulation reform act of 1993 and provided further that the rent\nshall not be decontrolled for a unit which the commissioner of housing\nand community renewal or a court of competent jurisdiction finds became\nvacant because the landlord or any person acting on his behalf engaged\nin any course of conduct, including but not limited to, interruption or\ndiscontinuance of essential services which interfered with or disturbed\nor was intended to interfere with or disturb the comfort, repose, peace\nor quiet of the tenant in his use or occupancy of such unit, and, that\nupon such finding in addition to being subject to any other penalties or\nremedies permitted by law, the landlord of such unit shall be barred\nfrom collecting rent for such unit in excess of that charged to the\ntenant who vacated such unit until restoration of possession of such\ntenant, if the tenant so desires, in which case the rent of such tenant\nshall be established as if such tenant had not vacated such unit, or\ncompliance with such other remedy, including, but not limited to, all\nremedies provided for by the emergency tenant protection act of nineteen\nseventy-four for rent overcharge or failure to comply with any order of\nthe commissioner of housing and community renewal, as shall be\ndetermined by the commissioner of housing and community renewal to be\nappropriate; provided, however, that if a tenant fails to accept any\nsuch offer of restoration of possession, such unit shall return to rent\nstabilization at the previously regulated rent; or\n (ii) with respect to units which become subject to the provisions of\nthis section after the effective date of this subparagraph, such tax\nbenefit period as provided in the opening paragraph of this paragraph or\napplicable law or act shall have expired and either each lease and\nrenewal thereof for such unit for the tenant in residence at the time of\nsuch decontrol has included a notice in at least twelve point type\ninforming such tenant that the unit shall become subject to such\ndecontrol upon the expiration of such tax benefit period as provided in\nthe opening paragraph of this paragraph or applicable law or act and\nstates the approximate date on which such tax benefit period as provided\nin the opening paragraph of this paragraph is scheduled to expire; or\nsuch unit becomes vacant as provided under subparagraph (i) of this\nparagraph.\n (g) For purposes of this section construction shall be deemed\n"commenced" when excavation or alteration has begun in good faith on the\nbasis of approved construction plans.\n (h) Anything in this section to the contrary notwithstanding, with\nregard to a project consisting of two or more multiple dwellings\nconstructed on a contiguous site and containing an aggregate of not less\nthan one thousand dwelling units, each of such multiple dwellings shall\nbe entitled to the exemption set forth herein provided construction of\nsuch project be commenced before January first, nineteen hundred\nseventy-eight and completed no later than a date certain fixed by the\nlocal housing agency not to exceed four years from the date of\ncommencement of construction of such project.\n (i) Authority of city to enact local law. Except as otherwise\nspecified in this section, a city to which this section is applicable\nmay enact a local law to restrict, limit or condition the eligibility,\nscope or amount of the benefits under this section in any manner\nprovided that such local law may not grant benefits beyond those\nprovided in this section and provided further that in the city of New\nYork such local law shall not take effect sooner than one year after it\nis enacted. Notwithstanding the foregoing, the provisions of any local\nlaw shall not alter the effect of subdivisions twelve, thirteen,\nfourteen, and fifteen of this section as they apply on the effective\ndate of such subdivisions, notwithstanding any subsequent amendments to\nthe provisions of law referred to in such subdivisions.\n (j) Voluntary renunciation or termination. Notwithstanding the\nprovisions of any general, special or local law to the contrary, an\nowner shall not be entitled to voluntarily renounce or terminate any tax\nexemption granted pursuant to this subdivision unless the local housing\nagency authorizes such renunciation or termination in connection with\nthe commencement of a new tax exemption pursuant to either the private\nhousing finance law or section four hundred twenty-c of this title.\n 3. a. Application forms for exemption under this section shall be\nfiled with the assessors between February first and March fifteenth and,\nbased on the certification of the local housing agency as herein\nprovided, the assessors shall certify to the collecting officer the\namount of taxes to be abated. If there be in a city of one million\npopulation or more a department of housing preservation and development,\nthe term "housing agency" shall mean only such department of housing\npreservation and development. No such application shall be accepted by\nthe assessors unless accompanied by a certificate of the local housing\nagency certifying the applicant's eligibility pursuant to subdivisions\ntwo and four of this section. No such certification of eligibility shall\nbe issued by the local housing agency until such agency determines the\ninitial adjusted monthly rent to be paid by tenants residing in rental\ndwelling units contained within the multiple dwelling and the\ncomparative adjusted monthly rent that would have to be paid by such\ntenants if no tax exemption were applicable as provided by this section.\nThe initial adjusted monthly rent will be certified by the local housing\nagency as the first rent for the subject dwelling units. A copy of such\ncertification with respect to such units shall be attached by the\napplicant to the first effective lease or occupancy agreement. The\ninitial adjusted monthly rent shall reflect the full tax exemption\nbenefits as approved by the agency.\n The agency shall determine the amount of the initial adjusted monthly\nrent as follows:\n (i) The total project cost shall be determined by adding the following\nitems:\n (a) Land acquisition cost or purchase price, if purchased within two\nyears prior to the date on which construction or alteration is\ncommenced; or land acquisition cost or purchase price or an appraisal\nprepared by a qualified independent appraiser, in such form as is\nacceptable to the agency, if purchased more than two years prior to such\ndate. Land acquisition cost or purchase price, where used, shall be\ncertified to by an independent certified public accountant;\n (b) Costs incurred in the process of preparing the site for\nconstruction, including but not limited to operating losses, relocation\nexpenses, demolition expenses and carrying charges, such costs to be\ncertified by an independent certified public accountant to a date not\nmore than ninety days prior to the filing of an application for\ncertification of eligibility and the balance of such costs to be\nestimated;\n (c) Construction costs for constructing or rehabilitating the multiple\ndwelling as determined by the agency in accordance with subdivision four\nof this section, plus such amount, if any, representing unique and\nspecial costs as may be allowed by the agency for a particular multiple\ndwelling;\n (d) An allowance for estimated off-site costs, including but not\nlimited to architects, engineers and legal fees, interest and taxes\nduring construction, insurance, title and mortgage fees, as determined\nby the agency in accordance with subdivision four of this section, and\n (e) such other amounts as are ordinarily and customarily incurred in\nconnection with the construction or rehabilitation of a multiple\ndwelling, as determined by the agency in accordance with subdivision\nfour of this section.\n (ii) The total expenses of the multiple dwelling shall be determined\nby adding the following items:\n (a) The amount that the agency determines to be the reasonable annual\ncosts for the continuing maintenance and operation of the multiple\ndwelling in accordance with subdivision four of this section;\n (b) The amount that the agency determines to be an appropriate annual\nprovision for vacancies, contingency reserves and management fees in\naccordance with subdivision four of this section.\n (c) The projected real property taxes to be levied on the multiple\ndwelling and the land on which it is situated at the time of estimated\ninitial occupancy;\n (d) Fourteen (14) per cent of the total project cost, as hereinabove\ndefined, which amount will include all expenses for debt service; and\n (e) Deducting from said total the estimated annual income to be\nderived from any commercial, community facility or accessory use space\nin the building.\n (iii) The total expenses shall be divided by the room count to provide\nthe adjusted monthly rent per room per month.\n (iv) The adjusted monthly rent per room per month shall be multiplied\nby the room count of each rental dwelling unit to provide the initial\nadjusted monthly rent for such dwelling unit. The agency may allow\nadjustments in the initial adjusted monthly rent for any particular\ndwelling units provided that the total of the initial adjusted monthly\nrents for all of the rental dwelling units in a multiple dwelling shall\nnot exceed the total expenses of such multiple dwelling.\n The agency shall determine the estimated comparative adjusted monthly\nrent that would have to be paid if no tax exemption were applicable as\nprovided by this section by adding to the adjusted monthly rent for each\ndwelling unit as hereinabove computed an amount equal to (a) the\ndifference between the projected real property taxes which would be\nlevied on the multiple dwelling and the land on which it is situated at\nthe time estimated initial occupancy if no tax abatement were applicable\nas provided by this section and the projected real property taxes\nhereinabove utilized in connection with the computation of total\nexpenses; (b) divided by the room count of the building as per this\nsection; and (c) multiplied by the applicants approved room count of\neach such dwelling unit.\n The local housing agency may promulgate rules and regulations to carry\nout the provisions of this section, not inconsistent with the provisions\nhereof, and may require a reasonable filing fee in an amount provided by\nsuch rules and regulations.\n b. Notwithstanding the provisions of any general, special or local law\nto the contrary, the local housing agency may require by rule that\napplications be filed electronically.\n 4. a. After a public hearing the housing agency shall promulgate\nannually to take effect as of January first of each year the amounts\nthat it determines to be the reasonable amounts in such categories and\nclassifications as may be established by the housing agency, for such\nitems as are generally applicable to all developments and are required\nto be determined pursuant to subdivision three of this section, which\namounts shall be filed with the city clerk and published in a\npublication of general circulation in the city or the city record, if\nany, upon adoption by the housing agency.\n b. The local housing agency may require a filing fee not to exceed the\ngreater of (i) four-tenths of one percent of the total project cost, or\n(ii) if the building will be owned as a cooperative or condominium,\nfour-tenths of one percent of the total project cost or four-tenths of\none percent of the total project sell-out price stated in the last\namendment to the offering plan accepted for filing by the attorney\ngeneral of the state, at the option of the applicant. Such total project\ncost or total project sell-out price shall be determined pursuant to\nrules promulgated by the local housing agency. Notwithstanding the\nforegoing, the local housing agency may promulgate rules imposing an\nadditional fee if an application, or any part thereof, or submission in\nconnection therewith, is defective and such defect delays the processing\nof such application or causes the local housing agency to expend\nadditional resources in the processing of such application.\n c. The local housing agency may rely on certification by an architect\nor engineer submitted by an applicant in connection with the filing of\nan application for benefits pursuant to this section. A false\ncertification by such architect or engineer shall be deemed to be\nprofessional misconduct pursuant to section sixty-five hundred nine of\nthe education law. Any licensee found guilty of such misconduct under\nthe procedures prescribed in section sixty-five hundred ten of the\neducation law shall be subject to the penalties prescribed in section\nsixty-five hundred eleven of such law, and shall thereafter be\nineligible to submit a certification pursuant to this section.\n 5. An applicant for tax exemption under this section whose project\ncontains more than twenty dwelling units shall notify the local\ncommunity planning board for the area which is the subject of the\napplication within ten days of submission of the application to the\nlocal housing agency. The local community planning board shall have a\nforty-five day period to file objections to the applicant's eligibility\nunder subdivision two of this section, or to the applicant's failure to\ncomply with the standards adopted by the agency in accordance with\nsubdivision four of this section. The local community board may within\nsuch time in its own discretion hold a public hearing to determine\nwhether or not any objections as to eligibility should be filed. In the\nevent the local community board files such objections, the local housing\nagency shall make a determination and notify such board within\nforty-five days. When an applicant's project contains more than one\nhundred fifty dwelling units the local community board may within thirty\ndays of receipt of an applicant's notification request the local housing\nagency to and the local housing agency shall hold a public hearing\nsolely on the questions of the applicant's eligibility under subdivision\ntwo of this section or the applicant's failure to comply with the\nstandards adopted by the agency pursuant to subdivision four of this\nsection. The local housing agency shall hold this hearing and make its\ndetermination and notify such board within forty-five days.\n 6. (a) When used in this subdivision unless a different meaning\nclearly appears from the context, the following terms shall mean and\ninclude:\n (i) "Covered project." (A) A new building located within the\nGreenpoint - Williamsburg waterfront exclusion area, (B) two or more\nbuildings which are part of one contiguous development entirely located\nwithin the Greenpoint - Williamsburg waterfront exclusion area, (C) two\nor more buildings which are located within the Greenpoint - Williamsburg\nwaterfront exclusion area and are part of a single development parcel\nspecifically identified in section 62-831 of the local zoning\nresolution, or (D) where so authorized in writing by the local housing\nagency, one or more buildings located within the Greenpoint -\nWilliamsburg waterfront exclusion area and one or more buildings located\noutside the Greenpoint - Williamsburg waterfront exclusion area but\nwithin Community District Number One in the borough of Brooklyn. The\ncumulative number of affordable units located outside the Greenpoint -\nWilliamsburg waterfront exclusion area in all covered projects described\nin clause (D) of this subparagraph shall not exceed two hundred. A\nbuilding located outside the Greenpoint - Williamsburg waterfront\nexclusion area which is part of a covered project described in clause\n(D) of this subparagraph shall not contain any affordable units with\nrespect to which an application pending before a governmental entity on\nthe effective date of this subdivision or a written agreement in effect\non the effective date of this subdivision provided for the development\nof such affordable units.\n (ii) "Greenpoint - Williamsburg waterfront exclusion area." Any tax\nlots now existing or hereafter created which are located entirely within\nthe geographic area in the borough of Brooklyn bounded and described as\nfollows:\n BEGINNING at the intersection of the bulkhead line in the East River\nand South Fifth Street extended; thence easterly to South Fifth Street\nand continuing along South Fifth Street to the intersection of Kent\nAvenue; thence northerly along Kent Avenue to the intersection of South\nFourth Street, thence easterly along South Fourth Street to a point 320\nfeet from Kent Avenue; thence northerly to a point on South Third Street\n320 feet from Kent Avenue; thence westerly on South Third Street to the\nintersection of Kent Avenue; thence northerly along Kent Avenue to the\nintersection of Grand Street; thence westerly along Grand Street to the\nintersection of River Street; thence northerly along River Street to the\nintersection of North Third Street; thence easterly along North Third\nStreet to the intersection of Kent Avenue; thence northerly along Kent\nAvenue to the intersection of Franklin Street; thence northerly along\nFranklin Street to the intersection of Quay Street; thence westerly\nalong Quay Street to the intersection of West Street; thence northerly\nalong West Street to the intersection of Eagle Street; thence easterly\nalong Eagle Street to the intersection of Franklin Street; thence\nnortherly along Franklin Street to the intersection of Dupont Street;\nthence westerly along Dupont Street to the intersection of Commercial\nStreet; thence northerly along Commercial Street to the intersection of\nManhattan Avenue; thence northerly along Manhattan Avenue to its\nnortherly terminus; thence northerly to the intersection of Manhattan\nAvenue extended and the bulkhead line in Newtown Creek, thence westerly\nalong the bulkhead line in Newtown Creek and continuing southerly along\nthe United States pierhead line in the East River to the place of\nbeginning; included in said area are all piers and other projections\nfrom the bulkhead line into the East River or Newtown Creek.\n (iii) "Commencement date" shall mean, with respect to any building in\na covered project and notwithstanding any local law to the contrary, the\ndate upon which excavation and construction of initial footings and\nfoundations lawfully begins in good faith or, for an eligible\nconversion, the date upon which the actual construction of the\nconversion, alteration or improvement of the pre-existing building or\nstructure lawfully begins in good faith.\n (iv) "Completion date" shall mean the date upon which the local\ndepartment of buildings issues the first temporary or permanent\ncertificate of occupancy covering all residential areas of a building in\na covered project.\n (v) "Covered project agreement" shall mean an agreement executed and\nrecorded on or before December thirty-first, two thousand fifteen, and\nnot thereafter amended to include additional real property, by and\nbetween the owners of the real property containing all of the affordable\nunits and the market units which will constitute a single covered\nproject as defined pursuant to subparagraph (i) of this paragraph.\n (b) No benefits under the provisions of this section shall be\nconferred on any building in a covered project located in the Greenpoint\n- Williamsburg waterfront exclusion area unless the real property\ncontaining such building is identified in a covered project agreement,\nand the covered project that includes such building shall provide\naffordable housing for persons and families of low and moderate income\nthat meets one of the following conditions:\n (i) not less than twenty percent of the units in the covered project\nare affordable to and occupied or available for occupancy by individuals\nor families whose incomes at the time of initial occupancy do not exceed\neighty percent of the area median incomes adjusted for family size, and\nat least one building in such covered project that contains not less\nthan twenty percent of its dwelling units meeting this affordable\nhousing requirement has a commencement date on or before December\nthirty-first, two thousand fifteen and all of the buildings in such\ncovered project that receive benefits pursuant to paragraph (f) of this\nsubdivision have a completion date on or before June fifteenth, two\nthousand twenty-five; or\n (ii) not less than ten percent of the units in the covered project are\naffordable to and occupied or available for occupancy by individuals or\nfamilies whose incomes at the time of initial occupancy do not exceed\neighty percent of the area median incomes adjusted for family size and\nnot less than an additional fifteen percent of the units in the covered\nproject are affordable to and occupied or available for occupancy by\nindividuals or families whose incomes at the time of initial occupancy\ndo not exceed one hundred twenty-five percent of the area median incomes\nadjusted for family size, and at least one building in such covered\nproject that contains not less than twenty-five percent of its dwelling\nunits meeting this affordable housing requirement has a commencement\ndate on or before December thirty-first, two thousand fifteen and all of\nthe buildings in such covered project that receive benefits pursuant to\nparagraph (f) of this subdivision have a completion date on or before\nJune fifteenth, two thousand twenty-five.\n (c) Unless affordable units are developed under a federal, state or\ncity program having contrary requirements, (i) all affordable units must\nhave a comparable number of bedrooms as market rate units and a unit mix\nproportional to the market rate units, or (ii) at least fifty percent of\nthe affordable units must have two or more bedrooms and no more than\nfifty percent of the remaining units can be smaller than one bedroom.\n (d) Unless affordable units are developed under a federal or state\nprogram having contrary requirements, residents of the local community\nshall have priority for the purchase or rental of fifty percent of the\naffordable units.\n (e) In order to ensure that affordable units created pursuant to this\nsubdivision will continue to be affordable for the life of the covered\nproject, the local housing agency shall employ mechanisms, including,\nbut not limited to, regulatory agreements, deed restrictions, resale\nrestrictions, occupancy requirements, and such other instruments or\nrequirements as it may deem necessary, and shall establish legal\nremedies to enforce such mechanisms.\n (f) With respect to any covered project located entirely within the\nGreenpoint - Williamsburg waterfront exclusion area, the period of tax\nbenefits awarded to any building in such covered project shall be the\nsame as the period of tax benefits awarded under clause (D) of\nsubparagraph (iii) of paragraph (a) of subdivision two of this section.\nWith respect to any covered project which includes one or more buildings\nlocated outside the Greenpoint - Williamsburg waterfront exclusion area,\nthe period of tax benefits awarded to any building in such covered\nproject that is located within the Greenpoint - Williamsburg waterfront\nexclusion area shall be the same as the period of tax benefits awarded\nunder clause (A) of subparagraph (ii) of paragraph (a) of subdivision\ntwo of this section.\n 7. (a) For the purposes of this subdivision:\n (i) "affordable units" shall mean units which meet the affordability\nrequirements set forth in paragraph (c) of this subdivision.\n (ii) "geographic exclusion areas" shall mean:\n (A) areas described in subdivision eleven of this section,\n (B) in the borough of Manhattan tax lots now existing or hereafter\ncreated south of or adjacent to either side of one hundred tenth street,\nand\n (C) areas made ineligible for the benefits of this section:\n (1) as set forth in section 11-245 of the administrative code of the\ncity of New York on the effective date of this subdivision,\nnotwithstanding any exceptions to ineligibility contained in such local\nlaw for certain types of projects in such areas,\n (2) as set forth in local law number fifty-eight of the city of New\nYork for the year two thousand six, notwithstanding any exceptions to\nineligibility contained in such local law for certain types of projects\nin such areas and notwithstanding the effective date of such law, and\n (3) by local law after the effective date of this subdivision.\n (b) Notwithstanding any provision of this section or any local law to\nthe contrary, the benefits of this section shall not be available for\nnew multiple dwellings located in a geographic exclusion area which\ncommence construction after December twenty-eighth, two thousand seven\nunless they comply with the provisions of this subdivision for\nthirty-five years from completion of construction of the building\nreceiving benefits pursuant to this section.\n (c)(i) Not less than twenty percent of the units in the multiple\ndwelling must, upon the initial rental or sale of the units and upon all\nsubsequent rentals of the units after a vacancy, be affordable to and\noccupied or available for occupancy by individuals or families whose\nincomes at the time of initial occupancy do not exceed sixty percent of\nthe area median incomes adjusted for family size or (ii) if the\nconstruction of such building is carried out with substantial assistance\nof grants, loans or subsidies from any federal, state or local agency or\ninstrumentality and such assistance is provided pursuant to a program\nfor the development of affordable housing, not less than twenty percent\nof the units in the multiple dwelling must, either (A) upon the initial\nrental of the units and upon all subsequent rentals of the units after a\nvacancy, be affordable to and occupied or available for occupancy by\nindividuals or families whose incomes at the time of initial occupancy\ndo not exceed one hundred twenty percent of the area median incomes\nadjusted for family size and, where the multiple dwelling contains more\nthan twenty-five units, do not exceed an average of ninety percent of\nthe area median incomes adjusted for family size, or (B) upon the\ninitial sale of the units, be affordable to and occupied or available\nfor occupancy by individuals or families whose incomes at the time of\ninitial occupancy do not exceed one hundred twenty-five percent of the\narea median incomes adjusted for family size.\n (d) Unless preempted by federal requirements:\n (i) all affordable units must have a comparable number of bedrooms as\nmarket rate units and a unit mix proportional to the market rate units,\nor at least fifty percent of the affordable units must have two or more\nbedrooms and no more than fifty percent of the remaining units can be\nsmaller than one bedroom or in addition to the requirements of paragraph\n(c) of this subdivision, the floor area of affordable units is no less\nthan twenty percent of the total floor area of all dwelling units;\n (ii) affordable units shall share the same common entrances and common\nareas as market rate units, and shall not be isolated to a specific\nfloor or area of a building. Common entrances shall mean any area\nregularly used by any resident for ingress and egress from a multiple\ndwelling; and\n (iii) residents of the community board where the multiple dwelling\nwhich receives the benefits provided in this section is located shall,\nupon initial occupancy, have priority for the purchase or rental of\nfifty percent of the affordable units.\n (e) Notwithstanding any provision of law to the contrary, affordable\nrental units must remain as rent stabilized units for thirty-five years\nfrom completion of construction provided that tenants holding a lease\nand in occupancy at the expiration of the rent stabilization period\nshall have the right to remain as rent stabilized tenants for the\nduration of their occupancy.\n (f) All affordable units must be situated onsite. For the purposes of\nthis section, "onsite" shall mean that affordable units shall be\nsituated within the building or buildings for which benefits pursuant to\nthis section are being granted.\n (g) The limitations on eligibility for benefits contained in this\nsubdivision shall be in addition to those contained in this section and\nin any other law or regulation.\n 8. (a) As used in this subdivision, the following terms shall have the\nfollowing meanings:\n (i) "Applicant" means an applicant for benefits pursuant to this\nsection, any successor to such applicant, or any employer of building\nservice employees for such applicant, including, but not limited to, a\nproperty management company or contractor.\n (ii) "Building service employee" means any person who is regularly\nemployed at a building who performs work in connection with the care or\nmaintenance of such building. "Building service employee" includes, but\nis not limited to, watchman, guard, doorman, building cleaner, porter,\nhandyman, janitor, gardener, groundskeeper, elevator operator and\nstarter, and window cleaner, but shall not include persons regularly\nscheduled to work fewer than eight hours per week in the building.\n (iii) "Fiscal officer" means the comptroller or other analogous\nofficer in a city having a population of one million or more.\n (b) All building service employees employed by the applicant in a\nbuilding whose construction commenced on or after December\ntwenty-eighth, two thousand seven shall receive the applicable\nprevailing wage for the duration of benefits pursuant to this section.\n (c) The fiscal officer shall have the power to enforce the provisions\nof this subdivision. In enforcing such provisions, the fiscal officer\nshall have the power:\n (i) to investigate or cause an investigation to be made to determine\nthe prevailing wages for building service employees; in making such\ninvestigation, the fiscal officer may utilize wage and fringe benefit\ndata from various sources, including, but not limited to, data and\ndeterminations of federal, state or other governmental agencies;\n (ii) to institute and conduct inspections at the site of the work or\nelsewhere;\n (iii) to examine the books, documents and records pertaining to the\nwages paid to, and the hours of work performed by, building service\nemployees;\n (iv) to hold hearings and, in connection therewith, to issue\nsubpoenas, administer oaths and examine witnesses; the enforcement of a\nsubpoena issued under this subdivision shall be regulated by the civil\npractice law and rules;\n (v) to make a classification by craft, trade or other generally\nrecognized occupational category of the building service employees and\nto determine whether such work has been performed by the building\nservice employees in such classification;\n (vi) to require the applicant to file with the fiscal officer a record\nof the wages actually paid by such applicant to the building service\nemployees and of their hours of work;\n (vii) to delegate any of the foregoing powers to his or her deputy or\nother authorized representative; and\n (viii) to promulgate rules as he or she shall consider necessary for\nthe proper execution of the duties, responsibilities and powers\nconferred upon him or her by the provisions of this paragraph.\n (d) If the fiscal officer finds that the applicant has failed to\ncomply with the provisions of this subdivision, he or she shall present\nevidence of such noncompliance to the local housing agency.\n (e) Paragraph (b) of this subdivision shall not be applicable to:\n (i) projects containing less than fifty dwelling units; or\n (ii) buildings where the local housing agency certifies that at\ninitial occupancy at least fifty percent of the dwelling units are\naffordable to individuals or families with a gross household income at\nor below one hundred twenty-five percent of the area median income and\nthat any such units which are located in rental buildings will be\nsubject to restrictions to insure that they will remain affordable for\nthe entire period during which they receive benefits under this section.\n (f) The local housing agency shall prescribe appropriate sanctions for\nfailure to comply with the provisions of this subdivision.\n (g) Solely for purposes of paragraph (b) of this subdivision,\nconstruction shall be deemed to have commenced when excavation or\nalteration has begun in good faith on the basis of approved construction\nplans.\n (h) The eligibility criteria for benefits contained in this\nsubdivision shall be in addition to those contained in any other law or\nregulation.\n 9. (a) As used in this subdivision, the following terms shall have the\nfollowing meanings:\n (i) "Residential tax lot" shall mean a tax lot that contains dwelling\nunits.\n (ii) "Non-residential tax lot" shall mean a tax lot that does not\ncontain any dwelling units.\n (iii) "Annual limit" shall mean sixty-five thousand dollars, which\namount shall be increased by three percent, compounded annually, on each\ntaxable status date following the first anniversary of the effective\ndate of this subdivision.\n (iv) "Certificate of occupancy" shall mean the first certificate of\noccupancy covering all residential areas of the building on or\ncontaining a tax lot.\n (v) "Unit count" shall mean:\n (A) in the case of a residential tax lot that does not contain any\ncommercial, community facility or accessory use space, the number of\ndwelling units in such tax lot, and\n (B) in the case of a residential tax lot that contains commercial,\ncommunity facility or accessory use space, the number of dwelling units\nin such tax lot plus one.\n (vi) "Exemption cap" shall mean the unit count multiplied by the\nannual limit.\n (b) The provisions of this subdivision shall apply only to projects\nthat commence construction on or after December twenty-eighth, two\nthousand seven.\n (c) The portion of the assessed valuation of any residential tax lot\nexempted from real property taxation in any year pursuant to this\nsection shall not exceed the exemption cap on or after the first taxable\nstatus date after the building on or containing such tax lot receives\nits certificate of occupancy, unless, it complies with the requirements\nof item a or b of clause (D) of subparagraph (iii) of paragraph (a) of\nsubdivision two of this section or the requirements of item a or b of\nclause (A) of subparagraph (iv) of paragraph (a) of subdivision two of\nthis section. The portion of the assessed valuation of all\nnon-residential tax lots in the building on or containing such\nnon-residential tax lots exempted from real property taxation in any\nyear pursuant to this section shall not exceed a cumulative total equal\nto the annual limit on or after the first taxable status date after the\nbuilding on or containing such non-residential tax lots receives its\ncertificate of occupancy. A dwelling unit that is located in two or more\ntax lots shall be ineligible to receive any benefits under this section.\n 10. (a) The local housing agency shall implement procedures to insure\nthat affordable units created pursuant to this section, or units which\nare required to be occupied by persons or families who meet specified\nincome limits pursuant to the provisions of a local law enacted pursuant\nto this section, continue to be affordable as required by the provisions\nof this section or such local law, and that units made subject to rent\nstabilization remain subject thereto as required by the provisions of\nthis section. Such procedures shall include but shall not be limited to\nthe following:\n (i) all rent stabilization registrations required to be filed on or\nafter January first, two thousand eight shall contain a designation\nwhich identifies all units that are subject to the provisions of this\nsection as "Affordable New York Housing Program units" and specifically\nidentifies affordable units created pursuant to this section and units\nwhich are required to be occupied by persons or families who meet\nspecified income limits pursuant to the provisions of a local law\nenacted pursuant to this section as "Affordable New York Housing Program\naffordable units" and shall contain an explanation of the requirements\nthat apply to all such units. The owner of a unit that is subject to the\nprovisions of this section shall, in addition to complying with the\nrequirements of section 26-517 of the rent stabilization law, file a\ncopy of the rent registration for each such unit with the local housing\nagency;\n (ii) the local housing agency with cooperation of the division of\nhousing and community renewal shall monitor and enforce compliance with\nthe filing requirements of this section;\n (iii) the local housing agency shall create a report which, at a\nminimum, contains the following information for every building which\nreceives benefits pursuant to this section: address, commencement and\ntermination date of the benefits, total number of residential units,\nnumber of "Affordable New York Housing Program units" and number of\n"Affordable New York Housing Program affordable units", apartment number\nor other designation of such units and the rent for each of such units.\nThe local housing agency with the cooperation of the division of housing\nand community renewal shall maintain, and update such report no less\nthan annually, with information secured from annual registrations. Such\nreports shall be available for public inspection in a form that assigns\na unique designation to each unit other than its actual apartment number\nto maintain the privacy of such information; and\n (iv) the local housing agency shall monitor any change in such\ninformation, shall investigate any such changes which indicate a failure\nto comply with the provisions of this section, and shall take\nappropriate action based on its findings.\n (b) Failure to comply with the provisions of this section which\nrequire the creation and maintenance of affordable units pursuant to\nthis section, or units which are required to be occupied by persons or\nfamilies who meet specified income limits pursuant to the provisions of\na local law enacted pursuant to this section, at any time during the\nduration of the building's tax exemption shall result in revocation of\nany benefits under this section for the period of such non-compliance.\nIf an on-going pattern of non-compliance is found to exist, such\nbenefits may be revoked from their inception. Notwithstanding the\nrevocation of benefits for a building pursuant to the provisions of this\nsubdivision, all units in such building shall continue to remain subject\nto the provisions of the rent stabilization law for the entire intended\nperiod as if the benefits had not been revoked.\n (c) The provisions of this subdivision relating to enforcement of the\nprovisions of this section shall be in addition to any other provisions\ncontained in this section or any other law.\n (d) The revocation of benefits for noncompliance with this section\nshall not exempt any unit from continued compliance with the\nrequirements of this section.\n 11. Additional geographic exclusion areas:\n (a) Any tax lots now existing or hereafter created which are located\nentirely within the geographic area in the borough of Brooklyn bounded\nand described as follows:\n (i) In the County of Kings, Beginning at a point where Warwick Street\nmeets Belmont Avenue, thence westerly along said avenue to Jerome\nStreet, thence southerly along said street to Sutter Avenue, thence\nwesterly on said avenue to Barbey Street, thence northerly along said\nstreet to Belmont Avenue, thence westerly on said avenue to New Jersey\nAvenue, thence southerly on said avenue to Sutter Avenue, thence\nwesterly on said avenue to Pennsylvania Avenue, thence northerly on said\navenue to Belmont Avenue, thence westerly on said avenue to Sheffield\nAvenue, thence southerly on said avenue to Sutter Avenue, thence\nwesterly on said avenue to Snediker Avenue, thence northerly on said\navenue to William's Place, thence northerly on said place to Fulton\nStreet, thence easterly on said street to Jamaica Avenue, thence\neasterly on said avenue to Van Siclen Avenue, thence southerly on said\navenue to Arlington Avenue, thence easterly on said avenue to Warwick\nStreet, thence southerly on said street to Atlantic Avenue, thence\nwesterly on said avenue to Jerome Street, thence southerly on said\nstreet to Liberty Avenue, thence easterly on said avenue to Warwick\nStreet, thence southerly along said street to its intersection with\nBelmont Avenue, the point of beginning.\n (ii) In the County of Kings, Beginning at a point where Bushwick\nAvenue meets with Stewart Street, thence southwesterly on said street to\nBroadway, thence southeasterly on Broadway to Conway Street, thence\nsouthwesterly on said street to Truxton Street, thence westerly on said\nstreet to Sackman Street, thence southerly on said street to Atlantic\nAvenue, thence westerly on said avenue to Howard Avenue, thence\nnortherly on said avenue to MacDougal Street, thence westerly on said\nstreet to Fulton Street, thence westerly on said street to Patchen\nAvenue, thence northerly on said avenue to Hancock Street, thence\neasterly on said street to Saratoga Avenue, thence northerly on said\navenue to a point midway between Hancock Street and Jefferson Avenue,\nthence easterly along the line extended to the northern intersection of\nBroadway and Hancock Street, thence northerly along Hancock Street to\nBushwick Avenue, thence easterly along said avenue to its intersection\nwith Stewart Street, the point of beginning.\n (iii) In the County of Kings, Beginning at a point where Prospect\nPlace meets Ralph Avenue, thence southerly along said avenue to Sutter\nAvenue, thence westerly along said avenue to east 98th Street, thence\nsoutheasterly along said street to Rutland Road, thence southwesterly\nalong said road to East 92nd Street, thence northwesterly along said\nstreet to East New York Avenue, thence southerly along said avenue to\nLefferts Avenue, thence westerly along said avenue to Utica Avenue,\nthence northerly along said avenue to Lincoln Place, thence easterly on\nsaid place to Rochester Avenue, thence northerly on said avenue to St.\nMark's Avenue thence easterly on St. Mark's Avenue to Buffalo Avenue,\nthence southerly on said avenue to Prospect Place, thence westerly along\nsaid place towards intersection with Ralph Avenue, the point of\nbeginning.\n (iv) In the County of Kings, Beginning at a point where Nostrand\nAvenue meets Dean Street, thence westerly along said street to Rogers\nAvenue, thence southerly along said avenue to Bergen Street, thence\nwesterly along said street to Bedford Avenue, thence southerly along\nsaid avenue to St. Mark's Avenue, thence easterly along said avenue to\nRogers Avenue, thence southerly along said avenue to Crown Street,\nthence easterly along said street to Nostrand Avenue, thence southerly\nalong said avenue to Sterling Street, thence westerly along said street\nto Bedford Avenue, thence southerly along said avenue to Lefferts\nAvenue, thence westerly along said avenue to Washington Avenue, thence\nsoutherly along said avenue to Flatbush Avenue, thence along said avenue\nto Parkside Avenue, thence westerly along said avenue to Ocean Avenue,\nthence northerly along said avenue to Flatbush Avenue, thence along said\navenue to Plaza Street East, thence along said street to St. John's\nPlace, thence easterly along said place to Underhill Avenue, thence\nnortherly along said avenue to Prospect Place, thence westerly along\nsaid place to Carlton Avenue, thence southerly along said avenue to\nFlatbush Avenue, thence northerly along said avenue to Park Place,\nthence westerly along said place to 6th Avenue, thence northerly along\nsaid avenue to Bergen Street, thence westerly along said street to 5th\nAvenue, thence southerly along said avenue to Warren Street, thence\nwesterly along said street to 4th Avenue, thence northerly along said\navenue to Bergen Street, thence westerly along said street to 3rd\nAvenue, thence northerly along said avenue to Dean Street, thence\neasterly along said street to 4th Avenue, thence northerly along said\navenue to Atlantic Avenue, thence easterly along said avenue to Flatbush\nAvenue, thence northerly along said avenue to Fulton Street, thence\nwesterly along said street to Hanover Place, thence southerly along said\nplace to Livingston Street, thence westerly along said street to Bond\nStreet, thence northerly along said street to Fulton Street, thence\nwesterly along said street to Bridge Street, thence northerly along said\nstreet to Willoughby Street, thence westerly along said street to\nLawrence Street, thence southerly along said street to Fulton Street,\nthence westerly along said street to Jay Street, thence northerly along\nsaid street to Prospect Street, thence easterly along said street to\nBridge Street, thence northerly along said street to York Street, thence\neasterly along said street to Navy Street, thence southerly along said\nstreet to Ashland Place, thence along said place to Dekalb Avenue,\nthence easterly along said avenue to Adelphi Street, thence southerly\nalong said street to Lafayette Avenue, thence easterly along said avenue\nto Clermont Avenue, thence northerly along said avenue to Dekalb Avenue,\nthence easterly along said avenue to Clinton Avenue, thence northerly\nalong said avenue to Willoughby Avenue, thence easterly along said\navenue to Hall Street, thence northerly along said street to Myrtle\nAvenue, thence easterly along said avenue to Emerson Place, thence\nsoutherly along said place to southern border of Pratt Institute parking\nlot, thence westerly along said border to a line extended southerly from\nGrand Avenue, thence southerly along said avenue to Dekalb Avenue,\nthence easterly along said avenue to Classon Avenue, thence northerly\nalong said avenue to Willoughby Avenue, thence easterly along said\navenue to Taaffe Place, thence southerly along said place to Dekalb\nAvenue, thence easterly along said avenue to Kent Avenue, thence\nnortherly along said avenue to Willoughby Avenue, thence easterly along\nsaid avenue to Franklin Avenue, thence southerly along said avenue to\nLafayette Avenue, thence easterly along said avenue to Nostrand Avenue,\nthence southerly along said avenue to its intersection with Dean Street,\nthe point of beginning.\n (v) In the County of Kings, Beginning at a point where Ruby Street\n(Kings/Queens county line) meets Pitkin Avenue, thence westerly along\nsaid avenue to North Conduit Boulevard, thence northwesterly along said\nboulevard to Autumn Avenue, thence northerly along said avenue to\nGlenmore Avenue, thence westerly along said avenue to South Conduit\nBoulevard, thence easterly along said boulevard to Hemlock Street,\nthence southerly along said street to Pitkin Avenue, thence westerly\nalong said avenue to Crystal Street, thence southerly along said street\nto Belmont Avenue, thence westerly along said avenue to Milford Street,\nthence southerly along said street to Sutter Avenue, thence westerly\nalong said avenue to Montauk Avenue, thence northerly along said avenue\nto Belmont Avenue, thence westerly along said avenue to Shepherd Avenue,\nthence northerly along said avenue to Pitkin Avenue, thence westerly\nalong said avenue to Essex Street, thence southerly along said street to\nBelmont Avenue, thence westerly along said avenue to Warwick Street,\nthence northerly along said street to Liberty Avenue, thence westerly\nalong said avenue to Jerome Street, thence northerly along said street\nto Atlantic Avenue, thence easterly along said avenue to Warwick Street,\nthence northerly along said street to Arlington Avenue, thence westerly\nalong said avenue to Van Siclen Avenue, thence northerly along said\navenue to Jamaica Avenue, thence westerly along said avenue to Broadway,\nthence westerly along Broadway to Fulton Street, thence westerly along\nsaid street to Sackman Street, thence northerly along said street to\nTruxton Street, thence easterly along said street to Conway Street,\nthence northerly along said street to Broadway, thence westerly along\nBroadway to Stewart Street, thence northerly along said street to\nBushwick Avenue, thence westerly along said avenue to Kosciusko Street,\nthence westerly along said street to Stuyvesant Avenue, thence northerly\nalong said avenue to Dekalb Avenue, thence westerly along said avenue to\nMarcy Avenue, thence northerly along said avenue to Park Avenue, thence\neasterly along said avenue to Broadway, thence southerly along Broadway\nto Lewis Avenue, thence southerly along said avenue to Stockton Street,\nthence easterly along said street to Broadway, thence southerly along\nBroadway to Melrose Street, thence northerly along said street to\nStanwix Street, thence southerly along said street to Jefferson Street,\nthence westerly along said street to Bushwick Avenue, thence southerly\nalong said avenue to Dekalb Avenue, thence northerly along said avenue\nto Evergreen Avenue, thence easterly along said avenue to Stockholm\nStreet, thence northerly along said street to Central Avenue, thence\neasterly along said avenue to Woodbine Street, thence northerly along\nsaid street to Ridgewood Place, thence westerly along said place to\nPalmetto Street, thence northerly along said street to Wyckoff Avenue\n(Kings/Queens county line), thence following Kings/Queens county line to\nRuby Street (Kings/Queens county line), thence southerly along said\nstreet to its intersection with Pitkin Avenue, the point of beginning.\n (vi) In the County of Kings, Beginning at a point where St. Nichols\nAvenue (Kings/Queens county line) meets Gates Avenue (Kings/Queens\ncounty line), thence southerly along said avenue to Wykoff Avenue\n(Kings/Queens county line), thence easterly along said avenue to\nPalmetto Street, thence southerly along said street to Ridgewood Place,\nthence easterly along said place to Woodbine Street, thence southerly\nalong said street to Central Avenue, thence westerly along said avenue\nto Stockholm Street, thence southerly along said street to Evergreen\nAvenue, thence westerly along said avenue to Dekalb Avenue, thence\nsoutherly along said avenue to Bushwick Avenue, thence westerly along\nsaid avenue to Jefferson Street, thence easterly along said street to\nStanwix Street, thence northerly along said street to Melrose Street,\nthence westerly along said street to Broadway, thence along Broadway to\nStockton Street, thence along said street to Lewis Avenue, thence\nnortherly along said avenue to Broadway, thence westerly along Broadway\nto Park Avenue, thence along said avenue to Marcy Avenue, thence\nnortherly along said avenue to Hopkins Street, thence easterly along\nsaid street to Tompkins Avenue, thence northerly along said avenue to\nHarrison Avenue, thence westerly along said Avenue to Middleton Street,\nthence easterly along said street to Broadway, thence westerly along\nBroadway to Boerum Street, thence easterly along said street to Lorimer\nStreet, thence northerly along said street to Montrose Avenue, thence\nwesterly along said avenue to Broadway, thence along said road to I-278,\nthence northerly along said interstate to South 5th Street, thence\nwesterly along said street to Bedford Avenue, thence southerly along\nsaid avenue to South 6th Street, thence westerly along said street to\nBerry Street, thence northerly along said street to North 1st Street,\nthence easterly along said street to Driggs Avenue, thence northerly\nalong said avenue to Fillmore Place, thence easterly along said place to\nRoebling Street, thence northerly along said street to Hope Street,\nthence easterly along said street to Havemeyer Street, thence northerly\nalong said street to Metropolitan Avenue, thence easterly along said\navenue to Havemeyer Street, thence northerly along said street to North\n6th Street, thence easterly along said street to Meeker Avenue, thence\nwesterly along said avenue to Metropolitan Avenue, thence easterly along\nsaid avenue to Rodney Street, thence southerly along said street to\nAinslie Street, thence easterly along said street to Union Avenue,\nthence northerly along said avenue to Conselyea Street, thence easterly\nalong said street to Manhattan Avenue, thence southerly along said\nstreet to Metropolitan Avenue, thence easterly along said avenue to\nMaspeth Avenue, thence northerly along said avenue to Woodpoint Road,\nthence along said road to Conselyea Street, thence westerly along said\nstreet to Humbolt Street, thence northerly along said street to Skillman\nAvenue, then easterly along said avenue to Woodpoint Road, thence\nnortherly along said road to Jackson Street, thence easterly along said\nstreet to Kingsland Avenue, thence northerly along said avenue to\nWithers Street, thence westerly along said street to Woodpoint Road,\nthence northerly along said road to Kingsland Avenue, thence along said\navenue to Division Place, thence easterly along said place to Debevoise\nAvenue, thence northerly along said avenue to Beadel Street, thence\nwesterly along said street to Kingsland Avenue, thence northerly along\nsaid avenue to I-278, thence easterly along said interstate to Sutton\nStreet, thence northerly along said street to Driggs Avenue, thence\neasterly along said avenue to Meeker Avenue, thence along said avenue to\nHausman Street, thence northerly along said street to Nassau Avenue,\nthence easterly along said avenue to Vandam Street, thence southerly\nalong said street to Meeker Avenue, thence easterly along said avenue to\nKings/Queens county line, thence southeasterly along said line to where\nSt. Nichols Avenue meets Gates Avenue, the point of beginning.\n (vii) In the County of Kings, Beginning at a point where Bedford\nAvenue meets Bergen Street, thence easterly along said street to New\nYork Avenue, thence northerly along said avenue to Pacific Street,\nthence easterly along said street to Brooklyn Avenue, thence southerly\nalong said avenue to Dean Street, thence easterly along said street to\nKingston Avenue, thence southerly along said avenue to Sterling Place,\nthence easterly along said place to Hampton Place, thence southerly\nalong said place to St. John's Place, thence westerly along said place\nto Kingston Avenue, thence southerly along said avenue to Lincoln Place,\nthence easterly along said place to Albany Avenue, thence southerly\nalong said avenue to Eastern Parkway, thence easterly along said parkway\nto Schenectady Avenue, thence southerly along said avenue to Union\nStreet, thence easterly along said street to Utica Avenue, thence\nsoutherly along said avenue to Empire Boulevard, thence westerly along\nsaid boulevard to Nostrand Avenue, thence northerly along said avenue to\nCrown Street, thence westerly along said street to Rogers Avenue, thence\nnortherly along said avenue to St. Mark's Avenue, thence westerly along\nsaid avenue to Bedford Avenue, thence northerly along said avenue to\nBergen Street, the point of beginning.\n (viii) In the County of Kings, Beginning at a point where Prospect\nPlace meets Underhill Avenue, thence southerly along said avenue to St.\nJohn's Place, thence westerly along said place to Plaza Street East,\nthence southerly along said street to Plaza Street West, thence westerly\nalong said street to Parade Place, thence along said place to Prospect\nPark West, thence southerly along said Part West to 4th Street, thence\nwesterly along said street to 8th Avenue, thence northerly along said\navenue to 2nd Street, thence westerly along said street to 7th Avenue,\nthence southerly along said avenue to 4th Street, thence westerly along\nsaid street to 6th Avenue, thence southerly along said avenue to 5th\nStreet, thence westerly along said street to 5th Avenue, thence\nsoutherly along said avenue to 8th Street, thence easterly along said\nstreet to 6th Avenue, thence southerly along said avenue to 9th Street,\nthence westerly along said street to 5th Avenue, thence southerly along\nsaid avenue to 11th Street, thence easterly along said street to 6th\nAvenue, thence southerly along said avenue to 14th Street, thence\neasterly along said street to 7th Avenue, thence southerly along said\navenue to 17th Street, thence westerly along said street to Calder\nPlace, thence northerly along said place to Prospect Avenue, thence\nwesterly along said avenue to Webster Place, thence northerly along said\nplace to 16th Street, thence westerly along said street to 6th Avenue,\nthence southerly along said avenue to Prospect Expressway, thence\nwesterly along said expressway to 5th Avenue, thence southerly along\nsaid avenue to 17th Street, thence westerly along said street to 4th\nAvenue, thence northerly along said avenue to 16th Street, thence\nwesterly along said street to Hamilton Avenue, thence along said avenue\nto 15th Street, thence easterly along said street to 2nd Avenue, thence\nnortherly along said avenue to 14th Street, thence westerly along said\nstreet to Hamilton Place, thence northerly along said place to 12th\nStreet, thence westerly along said street to a line extended from 12th\nStreet to the banks of the Gowanus Canal, thence southerly along said\ncanal to Hamilton Avenue, thence northerly along said avenue to Smith\nStreet, thence along said street to West 9th Street, thence westerly\nalong said street to I-278, thence northerly along said interstate to\nHuntington Street, thence westerly along said street to Hamilton Avenue,\nthence northerly along said avenue to Luquer Street, thence westerly\nalong said street to Columbia Street, thence southerly along said street\nto Commerce Street, thence westerly along said street to Richards\nStreet, thence northerly along said street to Hamilton Avenue, thence\nwesterly along said avenue to Bowne Street, thence along said street to\nVan Brunt Street, thence southerly along said street to Verona Street,\nthence northerly along said street to Imlay Street, thence southerly\nalong said street to Pioneer Street, thence westerly along said street\nto the East River (Kings/New York county line), thence northerly along\nsaid county line to the western border of the U.S. Navy Yard Basin,\nthence southerly along said border to a line extended from the\neastern-most end of York Street, thence westerly along said line\nextended to York Street, thence westerly along said street to Bridge\nStreet, thence southerly along said street to Prospect Street, thence\nwesterly along said street to Jay Street, thence southerly along said\nstreet to Fulton Street, thence easterly along said street to Lawrence\nStreet, thence northerly along said street to Willoughby Street, thence\neasterly along said street to Bridge Street, thence southerly along said\nstreet to Fulton Street, thence easterly along said street to Bond\nStreet, thence southerly along said street to Livingston Street, thence\neasterly along said street to Hanover Place, thence northerly along said\nplace to Fulton Street, thence easterly along said street to Flatbush\nAvenue, thence southerly along said avenue to Atlantic Avenue, thence\nwesterly along said avenue to 4th Avenue, thence southerly along said\navenue to Dean Street, thence westerly along said street to 3rd Avenue,\nthence southerly along said avenue to Bergen Street, thence easterly\nalong said street to 4th Avenue, thence southerly along said avenue to\nWarren Street, thence easterly along said street to 5th Avenue, thence\nnortherly along said avenue to Bergen Street, thence easterly along said\nstreet to 6th Avenue, thence southerly along said avenue to Park Place,\nthence easterly along said place to Flatbush Avenue, thence southerly\nalong said avenue to Carlton Avenue, thence northerly along said avenue\nto Prospect Place, thence easterly along said place to its intersection\nwith Underhill Avenue, the point of beginning.\n (ix) In the County of Kings, Beginning at a point where 65th Street\nmeets 2nd Avenue, thence southerly along said avenue to Long Island Rail\nRoad (Bay Ridge Station), thence westerly along said railroad to Bay\nRidge Channel, thence along said channel to the Upper New York Bay,\nthence along said bay to Kings/Hudson/New Jersey county/state line,\nthence along said county/state line to Kings/New York county line,\nthence easterly along said county line to Pioneer Street, thence\nsoutherly along said street to Imlay Street, thence northerly along said\nstreet to Verona Street, thence southerly along said street to Van Brunt\nStreet, thence northerly along said street to Bowne Street, thence\neasterly along said street to Hamilton Avenue, thence along said avenue\nto Richards Street, thence southerly along said street to Commerce\nStreet, thence easterly along said street to Columbia Street, thence\nnortherly along said street to Luquer Street, thence easterly along said\nstreet to Hamilton Avenue, thence southerly along said avenue to\nHuntington Street, thence easterly along said street to I-278, thence\nsoutherly along said interstate to West 9th Street, thence along said\nstreet to Smith Street, thence southerly along said street to Hamilton\nAvenue, thence along said avenue to Gowanus Canal, thence northerly\nalong said canal to a line extended westerly from 12th Street, thence\neasterly along said line extended to 12th Street, thence along said\nstreet to Hamilton Place, thence southerly along said place to 14th\nStreet, thence easterly along said street to 2nd Avenue, thence\nsoutherly along said avenue to 15th Street, thence westerly along said\nstreet to Hamilton Avenue, thence southerly along said avenue to 3rd\nAvenue, thence southerly along said avenue to 65th Street, thence\nnortherly along said street to its intersection with 2nd Avenue, the\npoint of beginning.\n (b) Any tax lots now existing or hereafter created which are located\nentirely within the geographic area in the borough of Manhattan bounded\nand described as follows:\n (i) In the county of New York, Beginning at a point where extended\nWest 202nd Street intersects the New York/Bronx county line, thence\nwesterly along said extension to West 202nd Street, thence along said\nstreet to 9th Avenue, thence southerly along said avenue to west 201st\nStreet, thence westerly along said street to Academy Street, thence\nnortherly along said street to 10th Avenue, thence southerly along said\navenue to Dyckman Street, thence northerly along said street to Nagle\nAvenue, thence westerly along said avenue to Fort George Hill, thence\nsoutherly along said hill to the southwestern border of High Bridge\nPark, thence easterly along said border to Fort George Avenue, thence\nsoutherly along said avenue to Audubon Avenue, thence along said avenue\nto West 190th Street, thence easterly along said street to Amsterdam\nAvenue, thence southerly along said avenue to West 186th Street, thence\nwesterly along said street to Audubon Avenue, thence southerly along\nsaid avenue to West 184th Street, thence easterly along said street to\nAmsterdam Avenue, thence southerly along said avenue to West 183rd\nStreet, thence westerly along said street to Audubon Avenue, thence\nsoutherly along said avenue to West 182nd Street, thence easterly along\nsaid street to Amsterdam Avenue, thence southerly along said avenue to\nWest 166th Street, thence westerly along said street to St. Nicholas\nAvenue, thence southerly along said avenue to West 162nd Street, thence\nwesterly along said street to Broadway, thence northerly along Broadway\nto west 165th Street, thence westerly along said street to Fort\nWashington Avenue, thence northerly along said avenue to West 168th\nStreet, thence easterly along said street to Broadway, thence northerly\nalong Broadway to West 172nd Street, thence westerly along said street\nto Fort Washington Avenue, thence northerly along said avenue to West\n173rd Street, thence easterly along said street to Broadway, thence\nnortherly along Broadway to West 174th Street, thence easterly along\nsaid street to Wadsworth Avenue, thence northerly along said avenue to\nWest 175th Street, thence westerly along said street to Fort Washington\nAvenue, thence northerly along said avenue to West 177th Street, thence\neasterly along said street to Broadway, thence northerly along Broadway\nto Cumming Street, thence along said street to Seaman Avenue, thence\neasterly along said avenue to Academy Street, thence southerly along\nsaid street to Cooper Street, thence easterly along said street to West\n204th Street, thence southerly along said street to Broadway, thence\neasterly along Broadway to West 207th Street, thence southerly along\nsaid street to Vermilyea Avenue, thence easterly along said avenue to\nIsham Street, thence northerly along said street to Broadway, thence\neasterly along Broadway to West 215th Street, thence northerly along\nsaid street to Seaman Avenue, thence westerly along said avenue to West\n207th Street, thence northerly along said street to where it meets a\nline extended from Payson Avenue, thence westerly along said line\nextended to Payson Avenue, thence along said avenue to Dyckman Street,\nthence northerly along said street to Staff Street, thence southerly\nalong said street to Riverside Drive, thence westerly along said drive\nto the exit ramp of the Henry Hudson Parkway Northbound, thence\nsoutherly along said ramp to the Henry Hudson Parkway Northbound, thence\nnortherly along said parkway to the on-ramp of the Henry Hudson Parkway\nSouthbound, thence southerly along said ramp to the Henry Hudson Parkway\nSouthbound, thence northerly along said parkway to Exit 17, thence\nsouthwesterly on a line extended from said exit to a point where it\nmeets a line extended from Dyckman Street, thence westerly along said\nline extended to the New York state line, thence northerly along said\nstate line to the New York/Bronx county line, thence easterly along said\ncounty line, thence southerly along said line to its intersection with\nextended West 202nd Street, the point of beginning.\n (ii) In the county of New York, Beginning at a point where West 215th\nStreet meets Broadway, thence westerly along Broadway to Isham Street,\nthence southeasterly along said street to Vermilyea Avenue, thence\nwesterly along said avenue to West 207th Street, thence northerly along\nsaid street to Broadway, thence westerly along Broadway to West 204th\nStreet, thence northerly along said street to Cooper Street, thence\nwesterly along said street to Academy Street, thence northerly along\nsaid street to Seaman Avenue, thence westerly along said avenue to\nCumming Street, thence southerly along said street to Broadway, thence\nsoutherly along Broadway to West 177th Street, thence westerly along\nsaid street to Fort Washington Avenue, thence southerly along said\navenue to West 175th Street, thence easterly along said street to\nWadsworth Avenue, thence southerly along said avenue to West 174th\nStreet, thence westerly along said street to Broadway, thence southerly\nalong Broadway to West 173rd Street, thence westerly along said street\nto Fort Washington Avenue, thence southerly along said avenue to West\n172nd Street, thence easterly along said street to Broadway, thence\nsoutherly along Broadway to West 168th Street, thence westerly along\nsaid street to Fort Washington Avenue, thence southerly along said\navenue to West 165th Street, thence easterly along said street to\nBroadway, thence southerly along Broadway to West 162nd Street, thence\neasterly along said street to St. Nicholas Avenue, thence northerly\nalong said avenue to West 166th Street, thence easterly along said\nstreet to Amsterdam Avenue, thence northerly along said avenue to West\n182nd Street, thence westerly along said street to Audubon Avenue,\nthence northerly along said avenue to West 183rd Street, thence easterly\nalong said street to Amsterdam Avenue, thence northerly along said\navenue to West 184th Street, thence westerly along said street to\nAudubon Avenue, thence northerly along said avenue to West 186th Street,\nthence easterly along said street to Amsterdam Avenue, thence northerly\nalong said avenue to West 190th Street, thence westerly along said\nstreet to Audubon Avenue, thence northerly along said avenue to Fort\nGeorge Avenue, thence along said avenue to the southwestern border of\nHigh Bridge Park, thence westerly along said border to Fort George Hill,\nthence northerly along said hill to Nagle Avenue, thence easterly along\nsaid avenue to Dyckman Street, thence southerly along said street to\n10th Avenue, thence northerly along said avenue to Academy Street,\nthence southerly along said street to West 201st Street, thence easterly\nalong said street to 9th Avenue, thence northerly along said avenue to\nWest 202nd Street, thence easterly along said street to a line extending\nto the New York/Bronx county line, thence southerly along said county\nline to the point where the 145th Street Bridge intersects the New\nYork/Bronx county line, thence westerly along said bridge to West 145th\nStreet, thence along said street to Lenox Avenue (Malcolm X Boulevard),\nthence northerly along said avenue to West 146th Street, thence westerly\nalong said street to 7th Avenue (Adam Clayton Powell Jr. Boulevard),\nthence southerly along said avenue to West 144th Street, thence westerly\nalong said street to 8th Avenue (Frederick Douglass Boulevard), thence\nnortherly along said avenue to West 145th Street, thence westerly along\nsaid street to St. Nicholas Avenue, thence northerly along said avenue\nto West 149th Street, thence westerly along said street to Convent\nAvenue, thence southerly along said avenue to West 148th Street, thence\nwesterly along said street to Amsterdam Avenue, thence northerly along\nsaid avenue to West 151st Street, thence westerly along said street to\nBroadway, thence southerly along Broadway to West 145th Street, thence\nwesterly along said street to Henry Hudson Parkway, thence southerly\nalong said parkway to St. Clair Place, thence westerly along said place\nto extended St. Clair Place, thence along said extension to the New\nYork/New Jersey state line, thence northerly along said state line to\nits intersection with extended Dyckman Street, thence easterly along\nsaid extension to the shoreline of the Hudson River, thence\nnortheasterly to Exit 17 of the Henry Hudson Parkway Southbound, thence\nsoutherly along said parkway to the onramp from Riverside Drive, thence\nnortherly along said ramp to the Henry Hudson Parkway Northbound, thence\nsoutherly along said parkway to the exit ramp to Riverside Drive, thence\neasterly along said ramp to Riverside Drive, thence along said drive to\nStaff Street, thence northerly along said street to Dyckman Street,\nthence southerly along said street to Payson Avenue, thence easterly\nalong said avenue to a point where extended Payson Avenue meets 207th\nStreet, thence southerly along said street to Seaman Avenue, thence\neasterly along said avenue to West 215th Street, thence southerly along\nsaid street to its intersection with Broadway, the point of beginning.\n (iii) In the county of New York, Beginning at a point where the 145th\nStreet Bridge meets the New York/Bronx county line, thence southerly\nalong said county line to the CSX Railroad, thence westerly along said\nrailroad to Park Avenue, thence southerly along said avenue to East\n132nd Street, thence westerly along said street to 5th Avenue, thence\nsoutherly along said avenue to West 124th Street, thence westerly along\nsaid street to Mount Morris Park West, thence southerly along said park\nto West 121st Street, thence westerly along said street to Lenox Avenue,\nthence southerly along said avenue to West 120th Street, thence easterly\nalong said street to 5th Avenue, thence southerly along said avenue to\nEast 118th Street, thence easterly along said street to Park Avenue,\nthence southerly along said avenue to East 117th Street, thence westerly\nalong said street to 5th Avenue, thence southerly along said avenue to\nWest 115th Street, thence westerly along said street to Lenox Avenue,\nthence northerly along said avenue to West 116th Street, thence westerly\nalong said street to Morningside Avenue, thence northerly along said\navenue to West 121st Street, thence easterly along said street to\nManhattan Avenue, thence northerly along said avenue to West 123rd\nStreet, thence westerly along said street to Morningside Avenue, thence\nnortherly along said avenue to West 124th Street, thence easterly along\nsaid street to Frederick Douglass Boulevard, thence northerly along said\nboulevard to West 125th Street, thence westerly along said street to\nMorningside Avenue, thence northerly along said avenue to West 126th\nStreet, thence westerly along said street to Amsterdam Avenue, thence\nalong said avenue to West 129th Street, thence westerly along said\nstreet to Broadway, thence southerly along Broadway to Tiemann Place,\nthence westerly along said place to Riverside Drive, thence northerly\nalong said drive to Riverside Drive West, thence along said drive to\nWest 125th Street, thence along said street to Henry Hudson Parkway,\nthence along said parkway to West 145th Street, thence easterly along\nsaid street to Broadway, thence northerly along Broadway to West 151st\nStreet, thence easterly along said street to Amsterdam Avenue, thence\nsoutherly along said avenue to West 148th Street, thence easterly along\nsaid street to Convent Avenue, thence northerly along said avenue to\nWest 149th Street, thence easterly along said street to St. Nicholas\nAvenue, thence southerly along said avenue to West 145th Street, thence\neasterly along said street to Frederick Douglass Boulevard, thence\nsoutherly along said boulevard to West 144th Street, thence easterly\nalong said street to Adam Clayton Powell Jr. Boulevard, thence northerly\nalong said boulevard to West 146th Street, thence easterly along said\nstreet to Lenox Avenue (Malcolm X Boulevard), thence southerly along\nsaid avenue to West 145th Street, thence easterly along said street to\nthe 145th Street Bridge, thence along said bridge to its intersection\nwith the New York/Bronx county line, the point of beginning.\n (iv) In the county of New York, Beginning at a point where the New\nYork/Queens county border meets the East River at East 96th Street\nExtended, thence westerly along a line connecting to East 96th Street,\nexcluding Mill Rock Park, thence westerly along East 96th Street to 2nd\nAvenue, thence northerly along said avenue to East 97th Street, thence\nwesterly along said street to 3rd Avenue, thence southerly along said\navenue to East 95th Street, thence westerly along said street to Madison\nAvenue, thence southerly along said avenue to East 92nd Street, thence\nwesterly along said street to 5th Avenue, thence northerly along said\navenue to Central Park North, thence westerly along said park to Adam\nClayton Powell Jr. Boulevard, thence northerly along said boulevard to\nWest 113th Street, thence westerly along said street to 8th Avenue,\nthence northerly along said avenue to West 116th Street, thence easterly\nalong said street to Lenox Avenue, thence southerly along said avenue to\nWest 115th Street, thence easterly along said street to 5th Avenue,\nthence northerly along said avenue to East 117th Street, thence easterly\nalong said street to Park Avenue, thence northerly along said avenue to\nEast 118th Street, thence westerly along said street to 5th Avenue,\nthence northerly along said avenue to West 120th Street, thence westerly\nalong said street to Lenox Avenue, thence northerly along said avenue to\nWest 121st Street, thence easterly along said street to Mount Morris\nPark West, thence northerly along said park to West 124th Street, thence\neasterly along said street to 5th Avenue, thence northerly along said\navenue to East 132nd Street, thence easterly along said street to Park\nAvenue, thence westerly along said avenue to CSX Railroad, thence\neasterly along said railroad over the Harlem River to the New York/Bronx\ncounty line, thence southerly along said county line to the New\nYork/Queens county line, thence southerly along said county line to East\n96th Street Extended, the point of beginning.\n (c) Any tax lots now existing or hereafter created which are located\nentirely within the geographic area in the borough of The Bronx bounded\nand described as follows:\n (i) In the county of Bronx, Beginning at a point where Rodman Place\nmeets West Farms Road, thence southerly along said road to East 172nd\nStreet, thence westerly along said street to Boone Avenue, thence\nsoutherly along said avenue to Jennings Street, thence westerly along\nsaid street to Vyse Avenue, thence southerly along said avenue to\nFreeman Street, thence westerly along said street to Intervale Avenue,\nthence southerly along said avenue to Fox Street, thence along said\nstreet to Home Street, thence westerly along said street to East 169th\nStreet, thence westerly along said street to Prospect Avenue, thence\nsoutherly along said avenue to East 168th, thence westerly along said\nstreet to Washington Avenue, thence northerly along said avenue to East\nTremont Avenue, thence easterly along said avenue to Crotona Parkway,\nthence along said parkway to Cross Bronx Expressway, thence easterly\nalong said expressway to Longfellow Avenue, thence northerly along said\navenue to Rodman Place, thence easterly along said place to its\nintersection with West Farms Road, the point of beginning.\n (ii) In the county of Bronx, Beginning at a point where Belmont Street\nmeets Webster Avenue, thence southerly along Webster avenue to Claremont\nParkway, thence easterly along said parkway to Brook Avenue, thence\nsoutherly along said avenue to East 171st Street, thence westerly along\nsaid street to Webster Avenue, thence southerly along said avenue to\nPark Avenue, thence westerly along said avenue to East 164th Street,\nthence westerly along said street to Teller Avenue, thence northerly\nalong said avenue to East 165th Street, thence westerly along said\nstreet to Grand Concourse, thence northerly along Grand concourse to\nMount Eden Parkway, thence easterly along said parkway to Clay Avenue,\nthence southerly along said avenue to Belmont Street, thence easterly\nalong said street to Webster Avenue, the point of beginning.\n (d) Any tax lots now existing or hereafter created which are located\nentirely within the geographic area in the borough of Queens bounded and\ndescribed as follows:\n (i) In the county of Queens, Beginning at a point where 54th Street\nmeets Broadway, thence southeasterly along Broadway to 64th Street,\nthence southerly along said Street to 39th Avenue, thence westerly along\nsaid avenue to 54th Street, thence northerly along said street to its\nintersection with Broadway, the point of beginning.\n (ii) In the County of Queens, Beginning at a point where 131st Street\nmeets Fowler Avenue, thence easterly along Fowler Avenue to College\nPoint Boulevard, thence northerly on said Boulevard to Interstate 678,\nthence southerly along said Interstate to its intersection with Fowler\nAvenue, the point of beginning.\n (iii) In the County of Queens, Beginning at a point where 94 Street\nmeets 52nd Avenue, thence westerly along said avenue to 92nd Street,\nthence northerly along said street to 50th Avenue, thence westerly along\nsaid avenue to 91st Street, thence northerly along said street to 48th\nAvenue, thence westerly along said avenue to 90th Street, thence\nnortherly along said street to Corona Avenue, thence westerly along said\navenue to 88th Street, thence northerly along said street to Long Island\nRail Road, thence westerly along said railroad to Broadway, thence\nnortherly along Broadway to Whitney Avenue, thence easterly along said\navenue to Ketcham Place, thence westerly along said place to Elmhurst\nAvenue, thence northerly along said avenue to Judge Street, thence\nwesterly along said street to Britton Avenue, thence southerly along\nsaid avenue to Broadway, thence westerly along Broadway to 41st Avenue,\nthence westerly along said avenue to 75th Street, thence northerly along\nsaid street to Broadway, thence westerly along Broadway to 74th Street,\nthence southerly along said street to 41st Avenue, thence westerly along\nsaid avenue to 73rd Street, thence southerly along said street to\nWoodside Avenue, thence westerly along said avenue to CSX Railroad,\nthence northerly along said railroad to 41st Avenue, thence westerly\nalong said Avenue to 69th Street, thence northerly along said street to\nRoosevelt Avenue, thence easterly along said avenue to CSX Railroad,\nthence along said railroad to Broadway, thence easterly along Broadway\nto 69th Street, thence northerly along said street to 70th Street,\nthence along said street to 69th Street, thence along said street to\n35th Avenue, thence easterly along said avenue to 73rd Street, thence\nsoutherly along said street to 37th Road, thence easterly along said\nroad to 75th Street, thence northerly along said street to 37th Avenue,\nthence westerly along said avenue to 74th Street, thence northerly along\nsaid street to 35th Avenue, thence easterly along said avenue to 81st\nStreet, thence northerly along said street to 34th Avenue, thence\neasterly along said avenue to 82nd Street, thence southerly along said\nstreet to 35th Avenue, thence easterly along said avenue to 84th Street,\nthence southerly along said street to 37th Avenue, thence easterly along\nsaid avenue to 85th Street, thence southerly along said street to\nRoosevelt Avenue, thence easterly along said avenue to 88th Street,\nthence northerly along said street to 37th Avenue, thence easterly along\nsaid avenue to 90th Street, thence southerly along said street to\nRoosevelt Avenue, thence easterly along said avenue to Elmhurst Avenue,\nthence northerly along said avenue to 93rd Street, thence southerly\nalong said street to Roosevelt Avenue, thence easterly along said avenue\nto 94th Street, thence southerly along said street to 43rd Avenue,\nthence easterly along said avenue to 94th Street, thence southerly along\nsaid street to Alstyne Avenue, thence westerly along said avenue to\nCorona Avenue, thence easterly along said avenue to 94th Street, thence\nsoutherly on said street to its intersection with 52nd Avenue, the point\nof beginning.\n (iv) In the county of Queens, Beginning at a point where 26th Avenue\nmeets 14th Street, thence southerly along said street to 34th Avenue,\nthence westerly along said avenue to 12th Street, thence southerly along\nsaid street to 40th Avenue, thence westerly along said avenue to 10th\nStreet, thence southerly along 10th Street to 41st Road, to the point\nwhere a line extended from 11th Street meets Queens Plaza South, thence\nsoutherly along 11th Street to 43rd Avenue, thence easterly along said\navenue to Jackson Avenue, thence westerly along said avenue to Purves\nStreet, thence southerly along said street to Thompson Avenue, thence\neasterly along said avenue to Skillman Avenue, thence westerly along\nsaid avenue to 49th Avenue, thence westerly along said avenue to 11th\nStreet, thence southerly along said street to the Queens/Kings county\nborder, thence westerly along said border to the New York/ Queens county\nborder, thence northerly to 26th Avenue, thence easterly along said\navenue to the point of beginning.\n (e) Any tax lots now existing or hereafter created which are located\nentirely within the geographic area in the borough of Staten Island\nbounded and described as follows:\n In the County of Richmond, Beginning at a point where Clifton Avenue\nintersects Edgewater Street, thence northerly along said street to\nLynhurst Avenue, thence westerly along said avenue to Langere Place,\nthence northerly along said place to Willow Avenue, thence westerly\nalong said avenue to Staten Island Rapid Transit Railroad, thence\nnortherly along said railroad to Staten Island Rapid Transit Railroad\neast/west, thence westerly along said railroad to Chestnut Avenue,\nthence northerly along said avenue to Mosel Avenue, thence southerly\nalong said avenue to Manton Place, thence westerly along said place to\nHanover Avenue, thence northerly along said avenue to Palma Drive,\nthence westerly along said drive to Targee Street, thence northerly\nalong said street to Metcalfe Street, thence westerly along said street\nto Van Duzer Street, thence southerly along said street to Hillside\nAvenue, thence westerly along said avenue to Howard Avenue, thence\nsoutherly along said avenue to Highland Avenue, thence northerly along\nsaid avenue to Arlo Road, thence easterly along said road to Howard\nAvenue, thence northerly along said avenue to Greta Place, thence\nwesterly along said place to Duncan Road, thence northerly along said\nroad to Theresa Place, thence westerly along said place to Victory\nBoulevard, thence northerly along said boulevard to Forest Avenue,\nthence westerly along said avenue to Brighton Avenue, thence\nnortheasterly along said avenue to Lafayette Avenue, thence northerly\nalong said avenue to Arnold street, thence westerly along said street to\nEllicott Place, thence northerly along said place to Prospect Avenue,\nthence westerly along said avenue to Clinton Avenue, thence northerly\nalong said avenue to Henderson Avenue, thence westerly along said avenue\nto Tysen Street, thence northerly along said street to Richmond Terrace,\nthence westerly along said terrace to Jewett Avenue, thence southerly\nalong said avenue to Forest Avenue, thence westerly along said avenue to\nMorningstar Road, thence southerly along said road to Monsey Place,\nthence westerly along said place to Sanders Street, thence southerly\nalong said street to Wilcox Street, thence westerly along said street to\nEunice Place, thence northerly along said place to Forest Avenue, thence\nwesterly along said avenue to Heaney Avenue, thence southerly along said\navenue to Wilcox Street, thence westerly along said street to Amity\nPlace, thence northerly along said place to Wemple Street, thence\nwesterly along said street to South Avenue, thence northerly along said\navenue to Forest Avenue, thence westerly along said avenue to Goethals\nRoad North, thence along said road to Western Avenue, thence northerly\nalong said avenue to the Staten Island Rapid Transit Railroad, thence\neasterly along said railroad to a line extended south from Holland\nAvenue, thence northerly along said line extended to Holland Avenue,\nthence along said avenue to Benjamin Place, thence easterly along said\nplace to Arlington Avenue, thence southerly along said avenue to\nArlington Place, thence easterly along said place to Grandview Avenue,\nthence southerly along said avenue to Davidson Street, thence easterly\nalong said street to Andros Avenue, thence southerly along said avenue\nto a line extended to the Staten Island Rapid Transit Railroad, thence\neasterly along said railroad to Van Name Avenue, thence northerly along\nsaid avenue to Richmond Terrace, thence easterly along said terrace to\nWright Avenue, thence northerly along said avenue to a line extended to\nthe northern shore of Staten Island, thence easterly along said\nshoreline to Bayonne Bridge, thence northerly along said bridge to the\nNew York/New Jersey state line, thence easterly along said state line to\nthe Kings/Richmond county line, thence southerly along said county line\nto a point where it meets a line extended from Clifton Avenue, thence\nwesterly along said line extended to the point where Clifton Avenue\nintersects Edgewater Street, the point of beginning.\n 12. An agreement with the local housing agency to create or\nsubstantially rehabilitate offsite housing units affordable to\nhouseholds of low and moderate income, shall remain in full force and\neffect. The housing units developed pursuant to such agreement shall\ncontinue to make a building or buildings located in geographic exclusion\nareas as defined in this subdivision eligible to receive benefits\npursuant to this section notwithstanding the provisions of subdivision\nseven or nine of this section or any exemption cap provided in local law\nprovided that the agreement with the local housing agency was entered\ninto prior to December twenty-eighth, two thousand six and construction\nof the building receiving benefits pursuant to this section is commenced\non or before June thirtieth, two thousand nine.\n 13. (a) As used in this subdivision, "UDC Large Scale Project" shall\nmean a multi-phase project that (i) includes the development of at least\ntwenty-five hundred new dwelling units, (ii) is being implemented\npursuant to a General Project Plan adopted by the New York State Urban\nDevelopment Corporation and approved by Public Authorities Control Board\nor is otherwise set forth in agreements with the New York State Urban\nDevelopment Corporation, (iii) includes a development over a single area\ncontaining a number of contiguous city blocks, and (iv) the units in\nwhich, in the aggregate for each successive fifteen hundred units of the\nproject rather than for each multiple dwelling containing such fifteen\nhundred units and in the aggregate for the entire project rather than\nfor each multiple dwelling in the project, meet the requirements of\nparagraph (c) of subdivision seven of this section.\n (b) Except as otherwise provided in subparagraph (iv) of paragraph (a)\nof this subdivision, no portion of a UDC Large Scale Project shall be\nsubject to the requirements of paragraph (c) of subdivision seven of\nthis section.\n (c) With respect to any multiple dwelling in a UDC Large Scale Project\nthat meets the requirements of paragraph (c) of subdivision seven of\nthis section, the period of tax benefits awarded to such multiple\ndwelling shall be the same as the period of tax benefits awarded under\nclause (A) of subparagraph (iii) of paragraph (a) of subdivision two of\nthis section. With respect to any multiple dwelling in a UDC Large Scale\nProject that does not meet the requirements of paragraph (c) of\nsubdivision seven of this section, the period of tax benefits awarded to\nsuch multiple dwelling shall be the same as the period of tax benefits\nawarded under clause (A) of subparagraph (ii) of paragraph (a) of\nsubdivision two of this section. The tax benefits awarded to any\nmultiple dwelling in a UDC Large Scale Project shall commence upon the\ncommencement of construction of such multiple dwelling, provided,\nhowever, that such multiple dwelling meets all of the requirements for\ntax benefits pursuant to this section. For each successive fifteen\nhundred units of a UDC Large Scale Project, the local housing agency\nmust certify the completion of any affordable units, as defined in\nsubparagraph (i) of paragraph (a) of subdivision seven of this section,\nrequired to qualify any multiple dwelling or multiple dwellings\ncomprising such fifteen hundred units for any tax benefits awarded\npursuant to this paragraph. The existence of such special certification\nrequirement and its financial impact upon all units, including, but not\nlimited to, revocation of tax benefits awarded pursuant to this\nparagraph if such special certification requirement is not met, shall be\ndisclosed as a special risk in any offering plan for any units in a UDC\nLarge Scale Project.\n (d) With respect to any UDC Large Scale Project located in whole or in\npart within community district number eight in the borough of Brooklyn\nin the city of New York, notwithstanding the provisions of subparagraph\n(ii) of paragraph (d) of subdivision seven of this section, the priority\nspecified in such subparagraph shall be granted to the residents of\ncommunity districts two, three, six and eight of such borough.\n 14. The provisions of subdivisions seven and nine of this section\nshall not apply to (1) multiple dwellings which commence construction\nprior to July first, two thousand eight; or (2) where commencement of\nconstruction is delayed as a result of litigation relating to a contract\nfor the purchase of real property entered into prior to December\ntwenty-eight, two thousand six and in which a judgment was entered prior\nto the effective date of this subdivision provided that construction\ncommences within a reasonable time after final resolution of the\nlitigation; or (3) where benefits pursuant to this section are sought\nfor a building located on a site requiring environmental remediation\nconstruction and a certificate of completion pursuant to section 27-1419\nof the environmental conservation law has been issued prior to July\nfirst, two thousand eight, provided that construction is completed\nwithout undue delay; or (4) a project which (i) on or before December\nthirty-first, two thousand six, such project receives special permits\npursuant to the New York city zoning resolution with respect to all\nbuildings to be constructed on the development site, and (ii) on\nDecember thirty-first, two thousand six, a portion of such development\nsite was owned by the state of New York and contained a New York power\nauthority temporary generating facility, and (iii) such project\ncommenced construction before the later of three years from the\neffective date of local law number fifty-eight of the city of New York\nfor the year two thousand six or eighteen months from the removal of all\nsuch temporary generating facilities.\n 15. Paragraphs two through four of subdivision (a) of section 11-245\nof the administrative code of the city of New York and subdivisions\n(b-1) and (b-2) of section 11-245 of the administrative code of the city\nof New York, as added by local law number fifty-eight of the city of New\nYork for the year two thousand six shall not apply to (1) multiple\ndwellings which commence construction prior to July first, two thousand\neight; or (2) where commencement of construction is delayed as a result\nof litigation relating to a contract for the purchase of real property\nentered into prior to December twenty-eighth, two thousand six and in\nwhich a judgment was entered prior to the effective date of this\nsubdivision provided that construction commences within a reasonable\ntime after final resolution of the litigation; or (3) where benefits\npursuant to this section are sought for a building located on a site\nrequiring environmental remediation construction and a certificate of\ncompletion pursuant to section 27-1419 of the environmental conservation\nlaw has been issued prior to July first, two thousand eight, provided\nthat construction is completed without undue delay; or (4) a project\nwhich (i) on or before December thirty-first, two thousand six, such\nproject receives special permits pursuant to the New York city zoning\nresolution with respect to all buildings to be constructed on the\ndevelopment site, and (ii) on December thirty-first, two thousand six, a\nportion of such development site was owned by the state of New York and\ncontained a New York power authority temporary generating facility, and\n(iii) such project commenced construction before the later of three\nyears from the effective date of local law number fifty-eight of the\ncity of New York for the year two thousand six or eighteen months from\nthe removal of all such temporary generating facilities.\n 16. (a) Definitions. For the purposes of this subdivision:\n (i) "Affordable New York Housing Program benefits" shall mean\nexemption from real property taxation pursuant to this subdivision.\n (ii) "Affordability option A" shall mean that, within any eligible\nsite: (A) not less than ten percent of the dwelling units are\naffordable housing forty percent units; (B) not less than an additional\nten percent of the dwelling units are affordable housing sixty percent\nunits; (C) not less than an additional five percent of the dwelling\nunits are affordable housing one hundred thirty percent units; and (D)\nsuch eligible site is developed without the substantial assistance of\ngrants, loans or subsidies provided by a federal, state or local\ngovernmental agency or instrumentality pursuant to a program for the\ndevelopment of affordable housing, except that such eligible site may\nreceive tax exempt bond proceeds and four percent tax credits.\n (iii) "Affordability option B" shall mean that, within any eligible\nsite, (A) not less than ten percent of the dwelling units are affordable\nhousing seventy percent units, and (B) not less than an additional\ntwenty percent of the dwelling units are affordable housing one hundred\nthirty percent units.\n (iv) "Affordability option C" shall mean that, within any eligible\nsite excluding the geographic area south of ninety-sixth street in the\nborough of Manhattan, and all other geographic areas in the city of New\nYork excluded pursuant to local law, (A) not less than thirty percent of\nthe dwelling units are affordable housing one hundred thirty percent\nunits, and (B) such eligible site is developed without the substantial\nassistance of grants, loans or subsidies provided by a federal, state or\nlocal governmental agency or instrumentality pursuant to a program for\nthe development of affordable housing.\n (v) "Affordability option D" shall only apply to a homeownership\nproject, of which one hundred percent of the units shall have an average\nassessed value not to exceed sixty-five thousand dollars upon the first\nassessment following the completion date and where each owner of any\nsuch unit shall agree, in writing, to maintain such unit as their\nprimary residence for no less than five years from the acquisition of\nsuch unit.\n (vi) "Affordability option E" shall mean that, within any eligible\nsite within the enhanced affordability area, such site must consist of\nno less than three hundred rental dwelling units of which (A) not less\nthan ten percent of the rental dwelling units are affordable housing\nforty percent units; (B) not less than an additional ten percent of the\nrental dwelling units are affordable housing sixty percent units; (C)\nnot less than an additional five percent of the rental dwelling units\nare affordable housing one hundred twenty percent units; and (D) such\neligible site is developed without the substantial assistance of grants,\nloans or subsidies provided by a federal, state or local governmental\nagency or instrumentality pursuant to a program for the development of\naffordable housing, except that such eligible site may receive tax\nexempt bond proceeds and four percent tax credits.\n (vii) "Affordability option F" shall mean that, within any eligible\nsite within the enhanced affordability area, such site must consist of\nno less than three hundred rental dwelling units of which (A) not less\nthan ten percent of the rental dwelling units are affordable housing\nseventy percent units; and (B) not less than an additional twenty\npercent of the rental dwelling units are affordable housing one hundred\nthirty percent units.\n (viii) "Affordability option G" shall mean that, within any eligible\nsite located within the Brooklyn enhanced affordability area or the\nQueens enhanced affordability area, such site must consist of no less\nthan three hundred rental dwelling units of which (A) not less than\nthirty percent of the rental dwelling units are affordable housing\none-hundred thirty percent units; and (B) such eligible site is\ndeveloped without the substantial assistance of grants, loans or\nsubsidies provided by a federal, state or local governmental agency or\ninstrumentality pursuant to a program for the development of affordable\nhousing.\n (ix) "Affordability percentage" shall mean a fraction, the numerator\nof which is the number of affordable housing units in an eligible site\nand the denominator of which is the total number of dwelling units in\nsuch eligible site.\n (x) "Affordable housing forty percent unit" shall mean a dwelling unit\nthat: (A) is situated within the eligible site for which Affordable New\nYork Housing Program benefits are granted; and (B) upon initial rental\nand upon each subsequent rental following a vacancy during the\nrestriction period or extended restriction period, as applicable, is\naffordable to and restricted to occupancy by individuals or families\nwhose household income does not exceed forty percent of the area median\nincome, adjusted for family size, at the time that such household\ninitially occupies such dwelling unit.\n (xi) "Affordable housing sixty percent unit" shall mean a dwelling\nunit that: (A) is situated within the eligible site for which Affordable\nNew York Housing Program benefits are granted; and (B) upon initial\nrental and upon each subsequent rental following a vacancy during the\nrestriction period or extended restriction period, as applicable, is\naffordable to and restricted to occupancy by individuals or families\nwhose household income does not exceed sixty percent of the area median\nincome, adjusted for family size, at the time that such household\ninitially occupies such dwelling unit.\n (xii) "Affordable housing seventy percent unit" shall mean a dwelling\nunit that: (A) is situated within the eligible site for which Affordable\nNew York Housing Program benefits are granted; and (B) upon initial\nrental and upon each subsequent rental following a vacancy during the\nrestriction period or extended restriction period, as applicable, is\naffordable to and restricted to occupancy by individuals or families\nwhose household income does not exceed seventy percent of the area\nmedian income, adjusted for family size, at the time that such household\ninitially occupies such dwelling unit.\n (xiii) "Affordable housing one hundred twenty percent unit" shall mean\na dwelling unit that: (A) is situated within the eligible site for which\nAffordable New York Housing Program benefits are granted; and (B) upon\ninitial rental and upon each subsequent rental following a vacancy\nduring the extended restriction period, is affordable to and restricted\nto occupancy by individuals or families whose household income does not\nexceed one hundred twenty percent of the area median income, adjusted\nfor family size, at the time that such household initially occupies such\ndwelling unit.\n (xiv) "Affordable housing one hundred thirty percent unit" shall mean\na dwelling unit that: (A) is situated within the eligible site for which\nAffordable New York Housing Program benefits are granted; and (B) upon\ninitial rental and upon each subsequent rental following a vacancy\nduring the restriction period or extended restriction period, as\napplicable, is affordable to and restricted to occupancy by individuals\nor families whose household income does not exceed one hundred thirty\npercent of the area median income, adjusted for family size, at the time\nthat such household initially occupies such dwelling unit.\n (xv) "Affordable housing unit" shall mean, collectively and\nindividually, affordable housing forty percent units, affordable housing\nsixty percent units, affordable housing seventy percent units,\naffordable housing one hundred twenty percent units and affordable\nhousing one hundred thirty percent units.\n (xvi) "Agency" shall mean the department of housing preservation and\ndevelopment.\n (xvii) "Application" shall mean an application for Affordable New York\nHousing Program benefits.\n (xviii) "Average hourly wage" shall mean the amount equal to the\naggregate amount of all wages and all employee benefits paid to, or on\nbehalf of, construction workers for construction work divided by the\naggregate number of hours of construction work.\n (xix) "Brooklyn enhanced affordability area" shall mean any tax lots\nnow existing or hereafter created which are located entirely within\ncommunity boards one or two of the borough of Brooklyn bounded and\ndescribed as follows: All that piece or parcel of land situate and being\nin the boroughs of Queens and Brooklyn, New York. Beginning at the point\nof intersection of the centerline of Newtown Creek and the westerly\nbounds of the East River; Thence southeasterly along the centerline of\nNewtown Creek, said centerline also being the boundary between Queens\nCounty to the northeast and Kings County to the southwest, to the point\nof intersection with Greenpoint Avenue; Thence southwesterly along\nGreenpoint Avenue, to the intersection with Kings Land Avenue; Thence\nsoutherly along Kingsland Avenue to the intersection with Meeker Avenue;\nThence southwesterly along Meeker Avenue to the intersection with\nLeonard Street; Thence southerly along Leonard Street to the\nintersection with Metropolitan Avenue; Thence westerly along\nMetropolitan Avenue to the intersection with Lorimer Street; Thence\nsoutherly along Lorimer Street to the intersection with Montrose Avenue;\nThence westerly along Montrose Avenue to the intersection with Union\nAvenue; Thence southerly along Union Avenue to the intersection with\nJohnson Avenue; Thence westerly along Johnson Avenue to the intersection\nwith Broadway; Thence northwesterly along Broadway to the intersection\nwith Rutledge Street; Thence southwesterly along Rutledge Street to the\nintersection with Kent Avenue and Classon Avenue; Thence southwesterly\nand southerly along Classon Avenue to the intersection with Dekalb\nAvenue; Thence westerly along Dekalb Avenue to the intersection with\nBond Street; Thence southwesterly along Bond Street to the intersection\nwith Wyckoff Street; Thence northwesterly along Wyckoff Street to the\nintersection with Hoyt Street; Thence southwesterly along Hoyt Street to\nthe intersection with Warren Street; Thence northwesterly along Warren\nStreet to the intersection with Court Street; Thence northeasterly along\nCourt Street to the intersection with Atlantic Avenue; Thence\nnorthwesterly along Atlantic Avenue, crossing under The Brooklyn Queens\nExpressway (aka Interstate 278), to the terminus of Atlantic Avenue at\nthe Brooklyn Bridge Park/Pier 6; Thence northwesterly passing through\nthe Brooklyn Bridge Park to the bulkhead of the East River at Pier 6;\nThence in a general northeasterly direction along the easterly bulkhead\nor shoreline of the East River to the intersection with the centerline\nof Newtown Creek, and the point or place of Beginning.\n (xx) "Building service employee" shall mean any person who is\nregularly employed at, and performs work in connection with the care or\nmaintenance of, an eligible site, including, but not limited to, a\nwatchman, guard, doorman, building cleaner, porter, handyman, janitor,\ngardener, groundskeeper, elevator operator and starter, and window\ncleaner, but not including persons regularly scheduled to work fewer\nthan eight hours per week at the eligible site.\n (xxi) "Commencement date" shall mean, with respect to any eligible\nmultiple dwelling, the date upon which excavation and construction of\ninitial footings and foundations lawfully begins in good faith or, for\nan eligible conversion, the date upon which the actual construction of\nthe conversion, alteration or improvement of the pre-existing building\nor structure lawfully begins in good faith.\n (xxii) "Completion date" shall mean, with respect to any eligible\nmultiple dwelling, the date upon which the local department of buildings\nissues the first temporary or permanent certificate of occupancy\ncovering all residential areas of an eligible multiple dwelling.\n (xxiii) "Construction period" shall mean, with respect to any eligible\nmultiple dwelling, a period: (A) beginning on the later of the\ncommencement date of such eligible multiple dwelling or three years\nbefore the completion date of such eligible multiple dwelling; and (B)\nending on the day preceding the completion date of such eligible\nmultiple dwelling.\n (xxiv) "Construction work" shall mean the provision of labor performed\non an eligible site between the commencement date and the completion\ndate, whereby materials and constituent parts are combined to initially\nform, make or build an eligible multiple dwelling, including without\nlimitation, painting, or providing of material, articles, supplies or\nequipment in the eligible multiple dwelling, but excluding security\npersonnel and work related to the fit-out of commercial spaces.\n (xxv) "Construction workers" shall mean all persons performing\nconstruction work who (A) are paid on an hourly basis and (B) are not in\na management or executive role or position.\n (xxvi) "Contractor certified payroll report" shall mean an original\npayroll report submitted by a contractor or sub-contractor to the\nindependent monitor setting forth to the best of the contractor's or\nsub-contractor's knowledge, the total number of hours of construction\nwork performed by construction workers, the amount of wages and employee\nbenefits paid to construction workers for construction work.\n (xxvii) "Eligible conversion" shall mean the conversion, alteration or\nimprovement of a pre-existing building or structure resulting in a\nmultiple dwelling in which no more than forty-nine percent of the floor\narea consists of such pre-existing building or structure.\n (xxviii) "Eligible multiple dwelling" shall mean either (1) a multiple\ndwelling or homeownership project containing six or more dwelling units\ncreated through new construction or eligible conversion for which the\ncommencement date is after December thirty-first, two thousand fifteen\nand on or before June fifteenth, two thousand twenty-two, and for which\nthe completion date is on or before June fifteenth, two thousand\ntwenty-six, or (2) a multiple dwelling or homeownership project\ncontaining six or more dwelling units created through new construction\nor eligible conversion which complies with affordability option A,\naffordability option B, affordability option D, affordability option E\nor affordability option F, and for which the commencement date is after\nDecember thirty-first, two thousand fifteen and on or before June\nfifteenth, two thousand twenty-two, and for which the completion date is\non or before June fifteenth, two thousand thirty-one, provided that the\nowner of such multiple dwelling or homeownership project submits a\nletter of intent on a form to be promulgated by the New York city\ndepartment of housing preservation and development, to such department,\nwithin ninety days of the date that such department promulgates such\nform. The New York city department of housing preservation and\ndevelopment shall promulgate such form no later than sixty days from the\neffective date of the chapter of the laws of 2024 which amended this\nsubparagraph. For the purposes of this subparagraph, the term "letter of\nintent" means documentation certifying that the owner of such multiple\ndwelling or homeownership project outlined in this subparagraph intends\nto apply for the benefits described in this section upon the\nconstruction completion date. The New York city department of housing\npreservation and development shall prescribe, and make available to the\npublic, a "letter of intent form" by which owners may use to submit such\nletter of intent outlined in this subparagraph. The New York city\ndepartment of housing preservation and development shall make\ninformation relating to letters of intent and corresponding projects\navailable to the public.\n (xxix) "Eligible site" shall mean either: (A) a tax lot containing an\neligible multiple dwelling; or (B) a zoning lot containing two or more\neligible multiple dwellings that are part of a single application.\n (xxx) "Employee benefits" shall mean all supplemental compensation\npaid by the employer, on behalf of construction workers, other than\nwages, including, without limitation, any premiums or contributions made\ninto plans or funds that provide health, welfare, non-occupational\ndisability coverage, retirement, vacation benefits, holiday pay, life\ninsurance and apprenticeship training. The value of any employee\nbenefits received shall be determined based on the prorated hourly cost\nto the employer of the employee benefits received by construction\nworkers.\n (xxxi) "Enhanced affordability area" shall mean the Manhattan enhanced\naffordability area, the Brooklyn enhanced affordability area and the\nQueens enhanced affordability area.\n (xxxii) "Enhanced thirty-five year benefit" shall mean: (A) for the\nconstruction period, a one hundred percent exemption from real property\ntaxation, other than assessments for local improvements; and (B) for the\nnext thirty-five years of the extended restriction period, a one hundred\npercent exemption from real property taxation, other than assessments\nfor local improvements.\n (xxxiii) "Extended restriction period" shall mean a period commencing\non the completion date and expiring on the fortieth anniversary of the\ncompletion date, notwithstanding any earlier termination or revocation\nof Affordable New York Housing Program benefits.\n (xxxiv) "Fiscal officer" shall mean the comptroller or other analogous\nofficer in a city having a population of one million or more.\n (xxxv) "Floor area" shall mean the horizontal areas of the several\nfloors, or any portion thereof, of a dwelling or dwellings, and\naccessory structures on a lot measured from the exterior faces of\nexterior walls, or from the center line of party walls.\n (xxxvi) "Four percent tax credits" shall mean federal low income\nhousing tax credits computed in accordance with clause (ii) of\nsubparagraph (B) of paragraph (1) of subsection (b) of section forty-two\nof the internal revenue code of nineteen hundred eighty-six, as amended.\n (xxxvii) "Homeownership project" shall mean a multiple dwelling or\nportion thereof operated as condominium or cooperative housing, however,\nit shall not include a multiple dwelling or portion thereof operated as\ncooperative or condominium housing located within the borough of\nManhattan, and shall not include a multiple dwelling that contains more\nthan thirty-five units.\n (xxxviii) "Independent monitor" shall mean an accountant licensed and\nin good standing pursuant to article one hundred forty-nine of the\neducation law.\n (xxxix) "Job action" shall mean any delay, interruption or\ninterference with the construction work caused by the actions of any\nlabor organization or concerted action of any employees at the eligible\nsite, including without limitation, strikes, sympathy strikes, work\nstoppages, walk outs, slowdowns, picketing, bannering, hand billing,\ndemonstrations, sickouts, refusals to cross a picket line, refusals to\nhandle struck business, and use of the rat or other inflatable balloons\nor similar displays.\n (xl) "Market unit" shall mean a dwelling unit in an eligible multiple\ndwelling other than an affordable housing unit.\n (xli) "Multiple dwelling" shall have the meaning set forth in the\nmultiple dwelling law.\n (xlii) "Non-residential tax lot" shall mean a tax lot that does not\ncontain any dwelling units.\n (xliii) "Manhattan enhanced affordability area" shall mean any tax\nlots now existing or hereafter created located entirely south of 96th\nstreet in the borough of Manhattan.\n (xliv) "Project labor agreement" shall mean a pre-hire collective\nbargaining agreement setting forth the terms and conditions of\nemployment for the construction workers on an eligible site.\n (xlv) "Project-wide certified payroll report" shall mean a certified\npayroll report submitted by the independent monitor to the fiscal\nofficer based on each contractor certified payroll report which sets\nforth the total number of hours of construction work performed by\nconstruction workers, the aggregate amount of wages and employee\nbenefits paid to construction workers for construction work and the\naverage hourly wage.\n (xlvi) "Queens enhanced affordability area" shall mean any tax lots\nnow existing or hereafter created which are located entirely within\ncommunity boards one or two of the borough of Queens bounded and\ndescribed as follows: All that piece or parcel of land situate and being\nin the boroughs of Queens and Brooklyn, New York. Beginning at the point\nbeing the intersection of the easterly shore of the East River with a\nline of prolongation of 20th Avenue projected northwesterly; Thence\nsoutheasterly on the line of prolongation of 20th Avenue and along 20th\nAvenue to the intersection with 31st Street; Thence southwesterly along\n31st Street to the intersection with Northern Boulevard; Thence\nsouthwesterly along Northern Boulevard to the intersection with Queens\nBoulevard (aka Route 25); Thence southeasterly along Queens Boulevard to\nthe intersection with Van Dam Street; Thence southerly along Van Dam\nStreet to the intersection with Borden Avenue; Thence southwesterly\nalong Van Dam Street to the intersection with Greenpoint Avenue and\nReview Avenue; Thence southwesterly along Greenpoint Avenue to the point\nof intersection with the centerline of Newtown Creek, said centerline of\nNewtown Creek also being the boundary between Queens County to the north\nand Kings County to the south; Thence northwesterly along the centerline\nof Newtown Creek, also being the boundary between Queens County and\nKings County to its intersection with the easterly bounds of the East\nRiver; Thence in a general northeasterly direction along the easterly\nbulkhead or shoreline of the East River to the point or place of\nBeginning.\n (xlvii) "Rent stabilization" shall mean, collectively, the rent\nstabilization law of nineteen hundred sixty-nine, the rent stabilization\ncode, and the emergency tenant protection act of nineteen seventy-four,\nall as in effect as of the effective date of the chapter of the laws of\ntwo thousand fifteen that added this subdivision or as amended\nthereafter, together with any successor statutes or regulations\naddressing substantially the same subject matter.\n (xlviii) "Rental project" shall mean an eligible site in which all\ndwelling units included in any application are operated as rental\nhousing.\n (xlix) "Residential tax lot" shall mean a tax lot that contains\ndwelling units.\n (l) "Restriction period" shall mean a period commencing on the\ncompletion date and expiring on the thirty-fifth anniversary of the\ncompletion date, notwithstanding any earlier termination or revocation\nof Affordable New York Housing Program benefits.\n (li) "Tax exempt bond proceeds" shall mean the proceeds of an exempt\nfacility bond, as defined in paragraph (7) of subsection (a) of section\none hundred forty-two of the internal revenue code of nineteen hundred\neighty-six, as amended, the interest upon which is exempt from taxation\nunder section one hundred three of the internal revenue code of nineteen\nhundred eighty-six, as amended.\n (lii) "Third party fund administrator" shall be a person or entity\nthat receives funds pursuant to paragraph (c) of this subdivision and\noversees and manages the disbursal of such funds to construction\nworkers. The third party fund administrator shall be a person or entity\napproved by the fiscal officer and recommended by one, or more,\nrepresentative or representatives of the largest trade association of\nresidential real estate developers, either for profit or not-for-profit,\nin New York city and one, or more, representative or representatives of\nthe largest trade labor association representing building and\nconstruction workers, with membership in New York city. The third party\nfund administrator shall be appointed for a term of three years,\nprovided, however, that the administrator in place at the end of a three\nyear term shall continue to serve beyond the end of the term until a\nreplacement administrator is appointed. The fiscal officer after\nproviding notice and after meeting with the third party fund\nadministrator, may remove such administrator for cause upon a fiscal\nofficer determination that the administrator has been ineffective at\noverseeing or managing the disbursal of funds to the construction\nworkers. The third party fund administrator shall, at the request of the\nfiscal officer, submit reports to the fiscal officer.\n (liii) "Thirty-five year benefit" shall mean: (A) for the construction\nperiod, a one hundred percent exemption from real property taxation,\nother than assessments for local improvements; (B) for the first\ntwenty-five years of the restriction period, a one hundred percent\nexemption from real property taxation, other than assessments for local\nimprovements; and (C) for the final ten years of the restriction period,\nan exemption from real property taxation, other than assessments for\nlocal improvements, equal to the affordability percentage.\n (liv) "Twenty year benefit" shall mean: (A) for the construction\nperiod, a one hundred percent exemption from real property taxation,\nother than assessments for local improvements; (B) for the first\nfourteen years of the restriction period, a one hundred percent\nexemption from real property taxation, other than assessments for local\nimprovements, provided, however, that no exemption shall be given for\nany portion of a unit's assessed value that exceeds $65,000; and (C) for\nthe next six years of the restriction period, a twenty-five percent\nexemption from real property taxation, other than assessments for local\nimprovements, provided, however, that no exemption shall be given for\nany portion of a unit's assessed value that exceeds $65,000.\n (lv) "Wages" shall mean all compensation, remuneration or payments of\nany kind paid to, or on behalf of, construction workers, including,\nwithout limitation, any hourly compensation paid directly to the\nconstruction worker, together with employee benefits, such as health,\nwelfare, non-occupational disability coverage, retirement, vacation\nbenefits, holiday pay, life insurance and apprenticeship training, and\npayroll taxes, including, to the extent permissible by law, all amounts\npaid for New York state unemployment insurance, New York state\ndisability insurance, metropolitan commuter transportation mobility tax,\nfederal unemployment insurance and pursuant to the federal insurance\ncontributions act or any other payroll tax that is paid by the employer.\n (b) Benefit. In cities having a population of one million or more,\nnotwithstanding the provisions of any other subdivision of this section\nor of any general, special or local law to the contrary, new eligible\nsites, except hotels, that comply with the provisions of this\nsubdivision shall be exempt from real property taxation, other than\nassessments for local improvements, in the amounts and for the periods\nspecified in this paragraph. A rental project that meets all of the\nrequirements of this subdivision shall receive a thirty-five year\nbenefit and a homeownership project that meets all of the requirements\nof this subdivision shall receive a twenty year benefit. A rental\nproject that also meets all of the requirements of paragraph (c) of this\nsubdivision shall receive an enhanced thirty-five year benefit.\n (c) In addition to all other requirements set forth in this\nsubdivision, rental projects containing three hundred or more rental\ndwelling units located within the enhanced affordability area shall\ncomply with the requirements set forth in this paragraph. For purposes\nof this paragraph, "contractor" shall mean any entity which by agreement\nwith another party (including subcontractors) undertakes to perform\nconstruction work at an eligible site and "applicant" shall mean an\napplicant for Affordable New York Housing Program benefits and any\nsuccessor thereto.\n (i) Such rental project shall comply with either affordability option\nE, affordability option F or affordability option G.\n (ii) The minimum average hourly wage paid to construction workers on\nan eligible site within the Manhattan enhanced affordability area shall\nbe no less than sixty dollars per hour. Three years from the effective\ndate of the chapter of the laws of two thousand seventeen that added\nthis paragraph and every three years thereafter, the minimum average\nhourly wage shall be increased by five percent; provided, however, that\nany building with a commencement date prior to the date of such increase\nshall be required to pay the minimum average hourly wage as required on\nits commencement date.\n (iii) The minimum average hourly wage paid to construction workers on\nan eligible site within the Brooklyn enhanced affordability area or the\nQueens enhanced affordability area shall be no less than forty-five\ndollars per hour. Three years from the effective date of the chapter of\nthe laws of two thousand seventeen that added this paragraph and every\nthree years thereafter, the minimum average hourly wage shall be\nincreased by five percent; provided, however, that any building with a\ncommencement date prior to the date of such increase shall be required\nto pay the minimum average hourly wage as required on its commencement\ndate.\n (iv) The requirements of subparagraphs (ii) and (iii) of this\nparagraph shall not be applicable to:\n (A) an eligible multiple dwelling in which at least fifty percent of\nthe dwelling units upon initial rental and upon each subsequent rental\nfollowing a vacancy during the extended restriction period, are\naffordable to and restricted to occupancy by individuals or families\nwhose household income does not exceed one hundred twenty-five percent\nof the area median income, adjusted for family size, at the time that\nsuch household initially occupies such dwelling unit;\n (B) any portion of an eligible multiple dwelling which is owned and\noperated as a condominium or cooperative; or\n (C) at the option of the applicant, to an eligible site subject to a\nproject labor agreement.\n (v) The applicant shall contract with an independent monitor. Such\nindependent monitor shall submit to the fiscal officer within one year\nof the completion date a project-wide certified payroll report. In the\nevent such project-wide certified payroll report is not submitted to the\nfiscal officer within the requisite time, the applicant shall be subject\nto a fine of one thousand dollars per week, or any portion thereof;\nprovided that the maximum fine shall be seventy-five thousand dollars.\nIn the event that the average hourly wage is less than the minimum\naverage hourly wage set forth in subparagraph (ii) or (iii) of this\nparagraph as applicable, the project-wide certified payroll report shall\nalso set forth the aggregate amount of such deficiency.\n (vi) The contractor certified payroll report shall be submitted by\neach contractor and sub-contractor no later than ninety days after the\ncompletion of construction work by such contractor or sub-contractor. In\nthe event that a contractor or sub-contractor fails or refuses to submit\nthe contractor certified payroll report within the time prescribed in\nthis subparagraph, the independent monitor shall notify the fiscal\nofficer and the fiscal officer shall be authorized to fine such\ncontractor or sub-contractor in the amount of one thousand dollars per\nweek, or any portion thereof, provided that the maximum fine shall be\nseventy-five thousand dollars.\n (vii) In the event that the project-wide certified payroll report\nshows that the average hourly wage as required by subparagraph (ii) or\n(iii) of this paragraph, as applicable, was not paid, (A) if the average\nhourly wage is within fifteen percent of the average hourly wage\nrequired by subparagraph (i) or (ii) of this paragraph, as applicable,\nthen no later than one hundred twenty days from the date of submission\nof such project-wide certified payroll report, the applicant shall pay\nto the third party fund administrator an amount equal to the amount of\nthe deficiency set forth in the project-wide certified payroll report.\nThe third party fund administrator shall distribute such payment to the\nconstruction workers who performed construction work on such eligible\nsite. Prior to making such repayment, the third party fund administrator\nshall submit to the fiscal officer a plan subject to the fiscal\nofficer's approval setting forth the manner in which the third party\nfund administrator will reach the required average wage within one\nhundred fifty days of receiving the payment from the applicant and how\nany remaining funds will be disbursed in the event that the third party\nfund administrator cannot distribute the funds to the construction\nworkers within one year of receiving fiscal officer approval. In the\nevent that the applicant fails to make such payment within the time\nperiod prescribed in this subparagraph, the applicant shall be subject\nto a fine of one thousand dollars per week provided that the maximum\nfine shall be seventy-five thousand dollars; or (B) if the average\nhourly wage is more than fifteen percent below the minimum average\nhourly wage required by subparagraph (i) or (ii) of this paragraph, as\napplicable, then no later than one hundred twenty days from the date of\nsubmission of such project-wide certified payroll report, the applicant\nshall pay to the third party fund administrator an amount equal to the\namount of the deficiency set forth in the project-wide payroll report.\nThe third party fund administrator shall distribute such payment to the\nconstruction workers who performed construction work on such eligible\nsite. Prior to making such repayment, the third party fund administrator\nshall submit to the fiscal officer a plan subject to the fiscal\nofficer's approval setting forth the manner in which the third party\nfund administrator will reach the required average wage within one\nhundred fifty days of receiving the payment from the applicant and how\nany remaining funds will be disbursed in the event that the third party\nfund administrator cannot distribute the funds to the construction\nworkers within one year of receiving fiscal officer approval. In\naddition, the fiscal officer shall impose a penalty on the applicant in\nan amount equal to twenty-five percent of the amount of the deficiency,\nprovided, however, that the fiscal officer shall not impose such penalty\nwhere the eligible multiple dwelling has been the subject of a job\naction which results in a work delay. In the event that the applicant\nfails to make such payment within the time period prescribed in this\nsubparagraph, the applicant shall be subject to a fine of one thousand\ndollars per week, provided that the maximum fine shall be seventy-five\nthousand dollars. Notwithstanding any provision of this paragraph, the\napplicant shall not be liable in any respect whatsoever for any\npayments, fines or penalties related to or resulting from contractor\nfraud, mistake, or negligence or for fraudulent or inaccurate contractor\ncertified payroll reports or for fraudulent or inaccurate project-wide\ncertified payroll reports, provided, however, that payment to the third\nparty fund administrator in the amount set forth in the project-wide\ncertified payroll report as described in this subparagraph shall still\nbe made by the contractor or sub-contractor in the event of underpayment\nresulting from or caused by the contractor or sub-contractor, and that\nthe applicant will be liable for underpayment to the third party fund\nadministrator unless the fiscal officer determines, in its sole\ndiscretion, that the underpayment was the result of, or caused by,\ncontractor fraud, mistake or negligence and/or for fraudulent or\ninaccurate contractor certified payroll reports and/or project-wide\ncertified payroll reports. The applicant shall otherwise not be liable\nin any way whatsoever once the payment to the third party fund\nadministrator has been made in the amount set forth in the project-wide\ncertified payroll report. Other than the underpayment, which must be\npaid to the third party fund administrator, all fines and penalties set\nforth in this paragraph imposed by the fiscal officer shall be paid to\nthe agency and used by the agency to provide affordable housing.\n (viii) Nothing in this paragraph shall be construed to confer a\nprivate right of action to enforce the provisions of this paragraph,\nprovided, however, that this sentence shall not be construed as a waiver\nof any existing rights of construction workers or their representatives\nrelated to wage and benefit collection, wage theft or other labor\nprotections or rights and provided, further, that nothing in this\nparagraph relieves any obligations pursuant to a collective bargaining\nagreement.\n (ix) A rental project containing three hundred or more residential\ndwelling units not located within the enhanced affordability area may\nelect to comply with the requirements of this paragraph and be eligible\nto receive an enhanced thirty-five year benefit. Such election shall be\nmade in the application and shall not thereafter be changed. Such rental\nproject shall comply with all of the requirements of this paragraph and\nshall be deemed to be located within the Brooklyn enhanced affordability\narea or the Queens enhanced affordability area for the purposes of this\nparagraph.\n (x) The fiscal officer shall have the sole authority to determine and\nenforce any liability for underpayment owing to the third party fund\nadministrator from the applicant and/or the contractor (as a result of\ncontractor fraud, mistake or negligence and/or for fraudulent or\ninaccurate contractor certified payroll reports and/or project-wide\ncertified payroll reports), as set forth in subparagraph (vii) of this\nparagraph. The fiscal officer shall expeditiously conduct an\ninvestigation and hearing at the New York City office of administrative\ntrials and hearings, shall determine the issues raised thereon and shall\nmake and file an order in his or her office stating such determination\nand forthwith serve a copy of such order, either personally or by mail,\ntogether with notice of filing, upon the parties to such proceedings.\nThe fiscal officer in such an investigation shall be deemed to be acting\nin a judicial capacity and shall have the rights to issue subpoenas,\nadminister oaths and examine witnesses. The enforcement of a subpoena\nissued under this subparagraph shall be regulated by the civil practice\nlaw and rules. The filing of such order shall have the full force and\neffect of a judgment duly docketed in the office of the county clerk.\nThe order may be enforced by and in the name of the fiscal officer in\nthe same manner, and with like effect, as that prescribed by the civil\npractice law and rules for the enforcement of a money judgment.\n (d) Tax payments. In addition to any other amounts payable pursuant to\nthis subdivision, the owner of any eligible site receiving Affordable\nNew York Housing Program benefits shall pay, in each tax year in which\nsuch Affordable New York Housing Program benefits are in effect, real\nproperty taxes and assessments as follows:\n (i) with respect to each eligible multiple dwelling constructed on\nsuch eligible site, real property taxes on the assessed valuation of\nsuch land and any improvements thereon in effect during the tax year\nprior to the commencement date of such eligible multiple dwelling,\nwithout regard to any exemption from or abatement of real property\ntaxation in effect during such tax year, which real property taxes shall\nbe calculated using the tax rate in effect at the time such taxes are\ndue; and\n (ii) all assessments for local improvements.\n (e) Limitation on benefits for non-residential space. If the aggregate\nfloor area of commercial, community facility and accessory use space in\nan eligible site, other than parking which is located not more than\ntwenty-three feet above the curb level, exceeds twelve percent of the\naggregate floor area in such eligible site, any Affordable New York\nHousing Program benefits shall be reduced by a percentage equal to such\nexcess. If an eligible site contains multiple tax lots, the tax arising\nout of such reduction in Affordable New York Housing Program benefits\nshall first be apportioned pro rata among any non-residential tax lots.\nAfter any such non-residential tax lots are fully taxable, the remainder\nof the tax arising out of such reduction in Affordable New York Housing\nProgram benefits, if any, shall be apportioned pro rata among the\nremaining residential tax lots.\n (f) Calculation of benefit. Based on the certification of the agency\ncertifying the applicant's eligibility for Affordable New York Housing\nProgram benefits, the assessors shall certify to the collecting officer\nthe amount of taxes to be exempted.\n (g) Affordability requirements. During the restriction period, a\nrental project shall comply with either affordability option A,\naffordability option B, or affordability option C or for purposes of a\nhomeownership project, such project shall comply with affordability\noption D. Such election shall be made in the application and shall not\nthereafter be changed. The rental project shall also comply with all\nprovisions of this paragraph during the restriction period and with\nsubparagraph (iii) of this paragraph both during and after the\nrestriction period to the extent provided in such subparagraph. A rental\nproject containing three hundred or more rental dwelling units located\nin the enhanced affordability area or a rental project containing three\nhundred or more rental dwelling units not located within the enhanced\naffordability area which elects to comply with the requirements of\nparagraph (c) of this subdivision shall comply with either affordability\noption E, affordability option F, or affordability option G. Such\nelection shall be made in the application and shall not thereafter be\nchanged. Such rental project shall also comply with all provisions of\nthis paragraph during the extended restriction period and with\nsubparagraph (iii) of this paragraph both during and after the extended\nrestriction period to the extent provided in such paragraph.\n (i) All rental dwelling units in an eligible multiple dwelling shall\nshare the same common entrances and common areas as market rate units in\nsuch eligible multiple dwelling, and shall not be isolated to a specific\nfloor or area of an eligible multiple dwelling. Common entrances shall\nmean any area regularly used by any resident of a rental dwelling unit\nin the eligible multiple dwelling for ingress and egress from such\neligible multiple dwelling; and\n (ii) Unless preempted by the requirements of a federal, state or local\nhousing program, either (A) the affordable housing units in an eligible\nsite shall have a unit mix proportional to the market units, or (B) at\nleast fifty percent of the affordable housing units in an eligible site\nshall have two or more bedrooms and no more than twenty-five percent of\nthe affordable housing units shall have less than one bedroom.\n (iii) Notwithstanding any provision of rent stabilization to the\ncontrary, all affordable housing units shall be fully subject to rent\nstabilization during the restriction period or extended restriction\nperiod, as applicable, provided that tenants holding a lease and in\noccupancy of such affordable housing units at the expiration of the\nrestriction period or extended restriction period, as applicable, shall\nhave the right to remain as rent stabilized tenants for the duration of\ntheir occupancy.\n (iv) All rent stabilization registrations required to be filed\npursuant to subparagraph (iii) of this paragraph shall contain a\ndesignation that specifically identifies affordable housing units\ncreated pursuant to this subdivision as "Affordable New York Housing\nProgram affordable housing units" and shall contain an explanation of\nthe requirements that apply to all such affordable housing units.\n (v) Failure to comply with the provisions of this paragraph that\nrequire the creation, maintenance, rent stabilization compliance and\noccupancy of affordable housing units or for purposes of a homeownership\nproject the failure to comply with affordability option D shall result\nin revocation of any Affordable New York Housing Program benefits for\nthe period of such non-compliance.\n (vi) Nothing in this subdivision shall (A) prohibit the occupancy of\nan affordable housing unit by individuals or families whose income at\nany time is less than the maximum percentage of the area median income,\nadjusted for family size, specified for such affordable housing unit\npursuant to this subdivision, or (B) prohibit the owner of an eligible\nsite from requiring, upon initial rental or upon any rental following a\nvacancy, the occupancy of any affordable housing unit by such lower\nincome individuals or families.\n (vii) Following issuance of a temporary certificate of occupancy and\nupon each vacancy thereafter, an affordable housing unit shall promptly\nbe offered for rental by individuals or families whose income does not\nexceed the maximum percentage of the area median income, adjusted for\nfamily size, specified for such affordable housing unit pursuant to this\nsubdivision and who intend to occupy such affordable housing unit as\ntheir primary residence. An affordable housing unit shall not be (A)\nrented to a corporation, partnership or other entity, or (B) held off\nthe market for a period longer than is reasonably necessary to perform\nrepairs needed to make such affordable housing unit available for\noccupancy.\n (viii) An affordable housing unit shall not be rented on a temporary,\ntransient or short-term basis. Every lease and renewal thereof for an\naffordable housing unit shall be for a term of one or two years, at the\noption of the tenant.\n (ix) An affordable housing unit shall not be converted to cooperative\nor condominium ownership.\n (x) The agency may establish by rule such requirements as the agency\ndeems necessary or appropriate for (A) the marketing of affordable\nhousing units, both upon initial occupancy and upon any vacancy, (B)\nmonitoring compliance with the provisions of this paragraph and (C) the\nmarketing and monitoring of any homeownership project that is granted an\nexemption pursuant to this subdivision. Such requirements may include,\nbut need not be limited to, retaining a monitor approved by the agency\nand paid for by the owner.\n (xi) Notwithstanding any provision of this subdivision to the\ncontrary, a market unit shall be subject to rent stabilization unless,\nin the absence of Affordable New York Housing Program benefits, the\nowner would be entitled to remove such market unit from rent\nstabilization upon vacancy by reason of the monthly rent exceeding any\nlimit established thereunder.\n (h) Building service employees. (i) For the purposes of this\nparagraph, "applicant" shall mean an applicant for Affordable New York\nHousing Program benefits, any successor to such applicant, or any\nemployer of building service employees for such applicant, including,\nbut not limited to, a property management company or contractor.\n (ii) All building service employees employed by the applicant at the\neligible site shall receive the applicable prevailing wage for the\nentire restriction period or extended restriction period, as applicable.\n (iii) The fiscal officer shall have the power to enforce the\nprovisions of this paragraph. In enforcing such provisions, the fiscal\nofficer shall have the power:\n (A) to investigate or cause an investigation to be made to determine\nthe prevailing wages for building service employees; in making such\ninvestigation, the fiscal officer may utilize wage and fringe benefit\ndata from various sources, including, but not limited to, data and\ndeterminations of federal, state or other governmental agencies;\n (B) to institute and conduct inspections at the site of the work or\nelsewhere;\n (C) to examine the books, documents and records pertaining to the\nwages paid to, and the hours of work performed by, building service\nemployees;\n (D) to hold hearings and, in connection therewith, to issue subpoenas,\nadminister oaths and examine witnesses; the enforcement of a subpoena\nissued under this paragraph shall be regulated by the civil practice law\nand rules;\n (E) to make a classification by craft, trade or other generally\nrecognized occupational category of the building service employees and\nto determine whether such work has been performed by the building\nservice employees in such classification;\n (F) to require the applicant to file with the fiscal officer a record\nof the wages actually paid by such applicant to the building service\nemployees and of their hours of work;\n (G) to delegate any of the foregoing powers to his or her deputy or\nother authorized representative; and\n (H) to promulgate rules as he or she shall consider necessary for the\nproper execution of the duties, responsibilities and powers conferred\nupon him or her by the provisions of this subparagraph.\n (iv) If the fiscal officer finds that the applicant has failed to\ncomply with the provisions of this paragraph, he or she shall present\nevidence of such noncompliance to the agency.\n (v) Subparagraph (ii) of this paragraph shall not be applicable to:\n (A) an eligible multiple dwelling containing less than thirty dwelling\nunits; or\n (B) an eligible multiple dwelling in which all of the dwelling units\nare affordable housing units and not less than fifty percent of such\naffordable housing units, upon initial rental and upon each subsequent\nrental following a vacancy during the restriction period or extended\nrestriction period, as applicable, are affordable to and restricted to\noccupancy by individuals or families whose household income does not\nexceed one hundred twenty-five percent of the area median income,\nadjusted for family size, at the time that such household initially\noccupies such dwelling unit.\n (i) Replacement ratio. If the land on which an eligible site is\nlocated contained any dwelling units three years prior to the\ncommencement date of the first eligible multiple dwelling thereon, then\nsuch eligible site shall contain at least one affordable housing unit\nfor each dwelling unit that existed on such date and was thereafter\ndemolished, removed or reconfigured.\n (j) Concurrent exemptions or abatements. An eligible multiple dwelling\nreceiving Affordable New York Housing Program benefits shall not receive\nany exemption from or abatement of real property taxation under any\nother law.\n (k) Voluntary renunciation or termination. Notwithstanding the\nprovisions of any general, special or local law to the contrary, an\nowner shall not be entitled to voluntarily renounce or terminate any\nAffordable New York Housing Program benefits unless the agency\nauthorizes such renunciation or termination in connection with the\ncommencement of a new tax exemption pursuant to either the private\nhousing finance law or section four hundred twenty-c of this title.\n (l) Termination or revocation. The agency may terminate or revoke\nAffordable New York Housing Program benefits for noncompliance with this\nsubdivision, provided, however, that the agency shall not terminate or\nrevoke Affordable New York Housing Program benefits for a failure to\ncomply with paragraph (c) of this subdivision. If Affordable New York\nHousing Program benefits are terminated or revoked for noncompliance\nwith this subdivision, (i) all of the affordable housing units shall\nremain subject to rent stabilization and all other requirements of this\nsubdivision for the restriction period or extended restriction period,\nas applicable, and any additional period expressly provided in this\nsubdivision, as if the Affordable New York Housing Program benefits had\nnot been terminated or revoked; (ii) all of the market rate housing\nunits shall remain subject to rent stabilization and all other\nrequirements of this subdivision for the restriction period or extended\nrestriction period, as applicable, and any additional period expressly\nprovided in this subdivision, as if the Affordable New York Housing\nProgram benefits had not been terminated or revoked, provided, however,\nthat the owner shall still be entitled to remove such market unit from\nrent stabilization upon vacancy by reason of the monthly rent exceeding\nany limit established thereunder; (iii) or for a homeownership project\nsuch project shall continue to comply with affordability option D of\nthis subdivision and all other requirements of this subdivision for the\nrestriction period and any additional period expressly provided in this\nsubdivision, as if the Affordable New York Housing Program benefits had\nnot been terminated or revoked.\n (m) Powers cumulative. The enforcement provisions of this subdivision\nshall not be exclusive, and are in addition to any other rights,\nremedies, or enforcement powers set forth in any other law or available\nat law or in equity.\n (n) Multiple tax lots. If an eligible site contains multiple tax lots,\nan application may be submitted with respect to one or more of such tax\nlots. The agency shall determine eligibility for Affordable New York\nHousing Program benefits based upon the tax lots included in such\napplication and benefits for each multiple dwelling shall be based upon\nthe completion date of such multiple dwelling.\n (o) Applications. (i) The application with respect to any eligible\nmultiple dwelling shall be filed with the agency not later than one year\nafter the completion date of such eligible multiple dwelling.\n (ii) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the agency may require by rule that applications be\nfiled electronically.\n (iii) The agency may rely on certification by an architect or engineer\nsubmitted by an applicant in connection with the filing of an\napplication. A false certification by such architect or engineer shall\nbe deemed to be professional misconduct pursuant to section sixty-five\nhundred nine of the education law. Any licensee found guilty of such\nmisconduct under the procedures prescribed in section sixty-five hundred\nten of the education law shall be subject to the penalties prescribed in\nsection sixty-five hundred eleven of the education law, and shall\nthereafter be ineligible to submit a certification pursuant to this\nsubdivision.\n (iv) The agency shall not require that the applicant demonstrate\ncompliance with the requirements of paragraph (c) of this subdivision as\na condition to approval of the application.\n (p) Filing fee. The agency may require a filing fee of three thousand\ndollars per dwelling unit in connection with any application. However,\nthe agency may promulgate rules imposing a lesser fee for eligible sites\ncontaining eligible multiple dwellings constructed with the substantial\nassistance of grants, loans or subsidies provided by a federal, state or\nlocal governmental agency or instrumentality pursuant to a program for\nthe development of affordable housing.\n (q) Rules. Except as provided in paragraphs (c) and (h) of this\nsubdivision, the agency shall have the sole authority to enforce the\nprovisions of this subdivision and may promulgate rules to carry out the\nprovisions of this subdivision.\n (r) Election. Notwithstanding anything in this subdivision to the\ncontrary, a rental project or homeownership project with a commencement\ndate on or before December thirty-first, two thousand fifteen that has\nnot received benefits pursuant to this section prior to the effective\ndate of the chapter of the laws of two thousand fifteen that added this\nsubdivision may elect to comply with this subdivision and receive\nAffordable New York Housing Program benefits pursuant to this\nsubdivision.\n 17. (a) Definitions. For purposes of this subdivision:\n (i) "Affordable housing eighty percent units" shall mean dwelling\nunits that: (A) are situated within the extended affordability property;\n(B) upon initial rental and upon each subsequent rental following a\nvacancy during the extended affordability period, are each affordable\nand restricted to occupancy by individuals or families whose household\nincome does not exceed one hundred percent of the area median income,\nadjusted for family size, at the time that such household initially\noccupies such dwelling unit; and (C) upon initial rental and upon each\nsubsequent rental following a vacancy during the extended affordability\nperiod, are collectively affordable and restricted to occupancy by\nindividuals or families whose household income does not exceed an\naverage of eighty percent of the area median income, adjusted for family\nsize, at the time that such household initially occupies such dwelling\nunit.\n (ii) "Affordable housing one hundred thirty percent units" shall mean\ndwelling units that: (A) are situated within an extended affordability\nproperty; and (B) upon initial rental and upon each subsequent rental\nfollowing a vacancy during the extended affordability period, are each\naffordable and restricted to occupancy by individuals or families whose\nhousehold income does not exceed one hundred thirty percent of the area\nmedian income, adjusted for family size, at the time that such household\ninitially occupies such dwelling unit.\n (iii) "Affordable housing unit" shall mean, collectively and\nindividually, affordable housing eighty percent units and affordable\nhousing one hundred thirty percent units.\n (iv) "Agency" shall mean the department of housing preservation and\ndevelopment.\n (v) "Application" shall mean an application for extended benefits\npursuant to this subdivision.\n (vi) "Building service employee" shall mean any person who is\nregularly employed at, and performs work in connection with the care or\nmaintenance of, an extended affordability property, including, but not\nlimited to, a watchman, guard, doorman, building cleaner, porter,\nhandyman, janitor, gardener, groundskeeper, elevator operator and\nstarter, and window cleaner, but not including persons regularly\nscheduled to work fewer than eight hours per week in the extended\naffordability property.\n (vii) "Commencement date" shall mean the later of: (A) the expiration\ndate; or (B) the restrictive declaration date.\n (viii) "Expiration date" shall mean the date upon which benefits\ngranted to a twenty year benefit property or twenty-five year benefit\nproperty pursuant to this section prior to the effective date of the\nchapter of the laws of two thousand fifteen that added this subdivision\nwould expire.\n (ix) "Extended affordability period" shall mean, notwithstanding any\nearlier termination or revocation of the extended benefit, the period\ncommencing upon the commencement date and ending: (A) fifteen years\nthereafter for a twenty year benefit property; and (B) ten years\nthereafter for a twenty-five year benefit property.\n (x) "Extended affordability property" shall mean a twenty year benefit\nproperty or a twenty-five year benefit property that complies with the\nprovisions of this subdivision.\n (xi) "Extended affordability requirement" shall mean that, within any\nextended affordability property: (A) not less than twenty percent of the\ndwelling units are affordable housing eighty percent units; and (B) not\nless than an additional five percent of the dwelling units are\naffordable housing one hundred thirty percent units.\n (xii) "Extended benefit" shall mean, for any extended affordability\nproperty, a fifty percent exemption from real property taxation, other\nthan assessments for local improvements, for the extended affordability\nperiod.\n (xiii) "Fiscal officer" shall mean the comptroller or other analogous\nofficer in a city having a population of one million or more.\n (xiv) "Floor area" shall mean the horizontal areas of the several\nfloors, or any portion thereof, of a dwelling or dwellings, and\naccessory structures on a lot measured from the exterior faces of\nexterior walls, or from the center line of party walls.\n (xv) "Multiple dwelling" shall have the meaning set forth in the\nmultiple dwelling law.\n (xvi) "Residential tax lot" shall mean a tax lot that contains\ndwelling units.\n (xvii) "Restrictive declaration" shall mean a document executed by all\nparties in interest to the extended affordability property which\nprovides that, during the extended affordability period, the extended\naffordability property shall comply with the extended affordability\nrequirement.\n (xviii) "Restrictive declaration date" shall mean the date upon which\nthe restrictive declaration is recorded against the extended\naffordability property.\n (xix) "Twenty year benefit property" shall mean a multiple dwelling\nthat commenced construction prior to July first, two thousand eight and\nthat was granted benefits pursuant to this section prior to the\neffective date of the chapter of the laws of two thousand fifteen that\nadded this subdivision due to its compliance with the requirements of\nitem b of clause (A) of subparagraph (iv) of paragraph (a) of\nsubdivision two of this section.\n (xx) "Twenty-five year benefit property" shall mean a multiple\ndwelling that commenced construction prior to July first, two thousand\neight and that was granted benefits pursuant to this section prior to\nthe effective date of the chapter of the laws of two thousand fifteen\nthat added this subdivision due to its compliance with the requirements\nof item b of clause (D) of subparagraph (iii) of paragraph (a) of\nsubdivision two of this section.\n (b) Benefit. In cities having a population of one million or more,\nnotwithstanding the provisions of any other subdivision of this section\nor of any general, special or local law to the contrary, an extended\naffordability property shall be granted an extended benefit, provided,\nhowever, that such extended benefit shall be available only if all\nresidential tax lots in such extended affordability property operate as\nrental housing.\n (c) Tax payments. In addition to any other amounts payable pursuant to\nthis subdivision, the owner of an extended affordability property\nreceiving an extended benefit shall pay, in each tax year in which such\nextended benefit is in effect, real property taxes and assessments as\nfollows:\n (i) real property taxes on the assessed valuation of such land and any\nimprovements thereon in effect during the tax year preceding the\ncommencement of the construction of such extended affordability property\nwithout regard to any exemption or abatement from real property taxation\nin effect prior to such construction which real property taxes shall be\ncalculated on the tax rate in effect at the time such taxes are due; and\n (ii) all assessments for local improvements.\n (d) Limitation on benefits for non-residential space. Any extended\nbenefit shall be reduced by the percentage of aggregate floor area of\nthe extended affordability property occupied by commercial, community\nfacility, parking, and accessory uses as provided in paragraph (d) of\nsubdivision two of this section.\n (e) Calculation of benefit. Based on the certification of the agency\ncertifying the applicant's eligibility for the extended benefit, the\nassessors shall certify to the collecting officer the amount of taxes to\nbe exempted.\n (f) Affordability requirement. During the extended affordability\nperiod, an extended affordability property must comply with the extended\naffordability requirement and the restrictive declaration. The extended\naffordability property shall also comply with all provisions of this\nparagraph during the extended affordability period and with subparagraph\n(i) of this paragraph both during and after the extended affordability\nperiod to the extent provided in such subparagraph.\n (i) Notwithstanding the provisions of any local law for the\nstabilization of rents or the emergency tenant protection act of\nnineteen seventy-four, all affordable housing units in an extended\naffordability property shall be fully subject to control under such\nlocal law or such act during the extended affordability period, provided\nthat tenants holding a lease and in occupancy of such affordable housing\nunits in an extended affordability property at the expiration of the\nextended affordability period shall have the right to remain as rent\nstabilized tenants for the duration of their occupancy. Upon any vacancy\nof an affordable housing unit after the extended affordability period,\nsuch affordable housing unit shall remain fully subject to rent\nstabilization unless the owner is entitled to remove such affordable\nhousing unit from rent stabilization upon such vacancy by reason of the\nmonthly rent exceeding any limit established thereunder.\n (ii) All rent stabilization registrations required to be filed\npursuant to subparagraph (i) of this paragraph shall contain a\ndesignation that specifically identifies affordable housing units\ncomplying with the extended affordability requirement as "421-a\naffordable housing units" and shall contain an explanation of the\nrequirements that apply to all such affordable housing units.\n (iii) Failure to comply with the provisions of this paragraph that\nrequire the maintenance, rent stabilization and occupancy of affordable\nhousing units in an extended affordability property shall result in\nrevocation of the extended benefit for the period of such\nnon-compliance.\n (iv) Nothing in this subdivision shall: (A) prohibit the occupancy of\nan affordable housing unit by individuals or families whose income at\nany time is less than the maximum percentage of the area median income,\nadjusted for family size, specified for such affordable housing unit\npursuant to this subdivision; or (B) prohibit the owner of an extended\naffordability property from requiring, upon initial rental or upon any\nrental following a vacancy, the occupancy of any affordable housing unit\nby such lower income individuals or families.\n (v) Upon each vacancy, an affordable housing unit shall promptly be\noffered for rental by individuals or families whose income does not\nexceed the maximum percentage of the area median income, adjusted for\nfamily size, specified for such affordable housing unit pursuant to this\nsubdivision and who intend to occupy such affordable housing unit as\ntheir primary residence. An affordable housing unit shall not be: (A)\nrented to a corporation, partnership or other entity; or (B) held off\nthe market for a period longer than is reasonably necessary to perform\nrepairs needed to make such affordable housing unit available for\noccupancy.\n (vi) An affordable housing unit shall not be rented on a temporary,\ntransient or short-term basis. Every lease and renewal thereof for an\naffordable housing unit shall be for a term of one or two years, at the\noption of the tenant.\n (vii) An affordable housing unit shall not be converted to cooperative\nor condominium ownership.\n (viii) The agency may establish by rule such requirements as the\nagency deems necessary or appropriate for: (A) the marketing of\naffordable housing units; and (B) monitoring compliance with the\nprovisions of this paragraph. Such requirements may include, but need\nnot be limited to, retaining a monitor approved by the agency and paid\nfor by the owner.\n (g) Building service employees. (i) For the purposes of this\nparagraph, "applicant" shall mean an applicant for extended benefits,\nany successor to such applicant, or any employer of building service\nemployees for such applicant, including, but not limited to, a property\nmanagement company or contractor.\n (ii) All building service employees employed by the applicant at the\nextended affordability property shall receive the applicable prevailing\nwage for the entire extended affordability period.\n (iii) The fiscal officer shall have the power to enforce the\nprovisions of this paragraph. In enforcing such provisions, the fiscal\nofficer shall have the power:\n (A) to investigate or cause an investigation to be made to determine\nthe prevailing wages for building service employees; in making such\ninvestigation, the fiscal officer may utilize wage and fringe benefit\ndata from various sources, including, but not limited to, data and\ndeterminations of federal, state or other governmental agencies;\n (B) to institute and conduct inspections at the site of the work or\nelsewhere;\n (C) to examine the books, documents and records pertaining to the\nwages paid to, and the hours of work performed by, building service\nemployees;\n (D) to hold hearings and, in connection therewith, to issue subpoenas,\nadminister oaths and examine witnesses; the enforcement of a subpoena\nissued under this paragraph shall be regulated by the civil practice law\nand rules;\n (E) to make a classification by craft, trade or other generally\nrecognized occupational category of the building service employees and\nto determine whether such work has been performed by the building\nservice employees in such classification;\n (F) to require the applicant to file with the fiscal officer a record\nof the wages actually paid by such applicant to the building service\nemployees and of their hours of work;\n (G) to delegate any of the foregoing powers to his or her deputy or\nother authorized representative; and\n (H) to promulgate rules as he or she shall consider necessary for the\nproper execution of the duties, responsibilities and powers conferred\nupon him or her by the provisions of this subparagraph.\n (iv) If the fiscal officer finds that the applicant has failed to\ncomply with the provisions of this paragraph, he or she shall present\nevidence of such noncompliance to the agency.\n (v) Subparagraph (ii) of this paragraph shall not be applicable to:\n (A) an extended affordability property containing less than thirty\ndwelling units; or\n (B) an extended affordability property in which all of the dwelling\nunits are affordable housing units and not less than fifty percent of\nsuch affordable housing units, upon initial rental and upon each\nsubsequent rental following a vacancy during the extended affordability\nperiod, are affordable to and restricted to occupancy by individuals or\nfamilies whose household income does not exceed one hundred twenty-five\npercent of the area median income, adjusted for family size, at the time\nthat such household initially occupies such dwelling unit.\n (h) Concurrent exemptions or abatements. An extended affordability\nproperty receiving an extended benefit shall not receive any exemption\nfrom or abatement of real property taxation under any other law.\n (i) Voluntary renunciation or termination. Notwithstanding the\nprovisions of any general, special or local law to the contrary, an\nowner shall not be entitled to voluntarily renounce or terminate an\nextended benefit unless the agency authorizes such renunciation or\ntermination in connection with the commencement of a new tax exemption\npursuant to either the private housing finance law or section four\nhundred twenty-c of this title.\n (j) Termination or revocation. The agency may terminate or revoke the\nextended benefit for noncompliance with this subdivision. If the\nextended benefit is terminated or revoked for noncompliance with this\nsubdivision, all of the affordable housing units shall remain subject to\nthe provisions of any local law for the stabilization of rents or the\nemergency tenant protection act of nineteen seventy-four and all other\nrequirements of this subdivision for the entire extended affordability\nperiod and any additional period expressly provided in this subdivision,\nas if the extended benefit had not been terminated or revoked.\n (k) Powers cumulative. The enforcement provisions of this subdivision\nshall not be exclusive, and are in addition to any other rights,\nremedies, or enforcement powers set forth in any other law or available\nat law or in equity.\n (l) Multiple tax lots. If an extended affordability property contains\nmultiple tax lots, an application may be submitted with respect to one\nor more of such tax lots. The agency shall determine eligibility for an\nextended benefit based upon the tax lots included in such application.\n (m) Applications. (i) The application with respect to any extended\naffordability property shall include a certification that: (A) the\nrestrictive declaration has been recorded against the extended\naffordability property; and (B) the extended affordability property is\nin compliance with such restrictive declaration and this subdivision.\n (ii) The application with respect to any extended affordability\nproperty shall be filed with the agency on or before the later of: (A)\nDecember thirty-first, two thousand sixteen; or (B) eighteen months\nafter the expiration date.\n (iii) Notwithstanding the provisions of any general, special or local\nlaw to the contrary, the agency may require by rule that applications be\nfiled electronically.\n (iv) The agency may rely on certification by an architect or engineer\nsubmitted by an applicant in connection with the filing of an\napplication. A false certification by such architect or engineer shall\nbe deemed to be professional misconduct pursuant to section sixty-five\nhundred nine of the education law. Any licensee found guilty of such\nmisconduct under the procedures prescribed in section sixty-five hundred\nten of the education law shall be subject to the penalties prescribed in\nsection sixty-five hundred eleven of the education law, and shall\nthereafter be ineligible to submit a certification pursuant to this\nsubdivision.\n (n) Filing fee. The agency may require a filing fee of three thousand\ndollars per dwelling unit in connection with any application.\n (o) Rules. The agency may promulgate rules to carry out the provisions\nof this subdivision.\n (p) Authority of city to enact local law. Except as otherwise\nspecified in this subdivision, a city to which this subdivision is\napplicable may enact a local law to restrict, limit or condition the\neligibility for or the scope or amount of extended benefits in any\nmanner, provided that such local law may not grant extended benefits\nbeyond those provided in this subdivision and provided further that such\nlocal law shall not take effect sooner than one year after it is\nenacted. The provisions of sections 11-245 and 11-245.1 of the\nadministrative code of the city of New York or of any other local law of\nthe city of New York that were enacted on or before the effective date\nof the chapter of the laws of two thousand fifteen that added this\nparagraph shall not restrict, limit or condition the eligibility for or\nthe scope or amount of extended benefits pursuant to this subdivision.\n 18. (a) For the purposes of this subdivision:\n (i) "Agency" shall have the same meaning as in subparagraph (xvi) of\nparagraph (a) of subdivision sixteen of this section.\n (ii) "Audit" shall mean any audit of an eligible property performed by\nthe agency under the program created by the agency pursuant to paragraph\n(b) of this subdivision.\n (iii) "Eligible property" shall mean any eligible multiple dwelling\nthat was granted benefits under the Affordable New York Housing Program\npursuant to this section, and any previous iteration of such tax benefit\nprogram, on or after January first, two thousand fourteen, and was\nsubject to rent registration, affordability, and/or rent stabilization\nrequirements pursuant to this section on or after January first, two\nthousand fourteen.\n (b) The agency shall create a program to annually audit and review\neligible properties to confirm that owners of eligible properties are\ncomplying with the rent registration, affordability, and rent\nstabilization requirements of the applicable subdivision of this\nsection. Any owner of an eligible property subject to an audit shall\nprovide any and all information, data, or documentation within such\nowner's or an agent of such owner's reasonable possession or control to\nthe agency which the agency requests, in such form or manner as the\nagency requests, in order to complete an audit. The division of housing\nand community renewal and the New York city department of finance shall\ncooperate with the agency to provide such information within their\nreasonable possession and control to the agency as the agency may\nrequest, in such form or manner as the agency requests, to carry out an\naudit. The initial audit shall be completed on or before December\nthirty-first, two thousand twenty-five. The agency shall publish the\nresults of the audit annually on or before December thirty-first and\nshall make the results of any audit publicly available on the agency's\nwebsite. No more than twenty-five percent of eligible properties shall\nbe subject to an audit each year, and no eligible property shall be\nsubject to an audit in two consecutive audits. The agency shall select\nproperties for an audit through a randomized process to be established\nand implemented by the agency. Only eligible properties that received\nbenefits and were subject to affordability, rent stabilization, and/or\nrent registration requirements during the prior year shall be considered\neligible.\n (c) (i) If an audit finds that any owner of an eligible property is\nnot in compliance with the rent registration, affordability, or rent\nstabilization requirements of the applicable subdivision of this\nsection, the agency shall, where necessary for enforcement, present\nevidence of such noncompliance to the division of housing and community\nrenewal and the New York city department of finance of such\nnoncompliance no later than fifteen days after the results of the audit\nhave been published on the agency's website.\n (ii) The agency, the division of housing and community renewal, and\nthe New York city department of finance may enforce any noncompliance\nwith the rent registration, affordability, and rent stabilization\nrequirements of the applicable subdivision of this section that are\nidentified pursuant to an audit as authorized under this section or any\nother law, rule, or regulation.\n