N.Y. LFN Law § 26.10 — New York Code / Act LFN / Article 2 / Title 2 / Section 26.10
Temporary alternative methods of financing storm relief expenses
Status: in_force

§ 26.10 Temporary alternative methods of financing storm relief\nexpenses. a. Definitions. As used in this section, the terms\n"extraordinary expenses of storm relief" and "such extraordinary\nexpenses" shall mean expenses incurred by a municipality, school\ndistrict or district corporation before the first day of January, two\nthousand fourteen, for storm relief projects necessitated by damage\ncaused by the storm commonly known as Sandy on or shortly after October\ntwenty-ninth, two thousand twelve. The term "storm relief projects"\nshall mean the repair or reconstruction of public thoroughfares,\nbuildings, places, and projects of such municipality, school district or\ndistrict corporation, in excess of the normal expenses which would have\nbeen incurred for such purposes during such periods as determined by the\nfinance board of such municipality, school district or district\ncorporation. In making any such determination, the finance board shall\nnot include as a part of such extraordinary expenses the salaries and\nwages of regular employees, except for overtime work and work on Sundays\nand holidays. Such extraordinary expenses may include any interest\npayments on revenue anticipation notes issued in anticipation of the\nreceipt of moneys from the state or federal government on account of\nsuch storm pursuant to any state or federal disaster relief act.\n  b. The financing of storm relief expenses by the issuance of serial\nbonds.\n  1. The finance board of a municipality, school district or district\ncorporation may authorize the issuance of serial bonds on or before\nDecember thirty-first two thousand thirteen to provide for the payment\nof all or part of the extraordinary expenses of storm relief, to\nreimburse any fund or account of the issuer from which moneys to pay\nsuch extraordinary expenses have been advanced or to replenish any fund\nor account of the issuer from which such extraordinary expenses have\nbeen paid, or any combination of such purposes, notwithstanding that\nthere may have been lack of statutory authority for any such advance or\npayment from such fund or account. The period of probable usefulness of\nsuch objects or purposes shall be five years. Any such serial bonds\nshall have a maximum maturity of over two years, but the date of final\nmaturity of any such issue shall not extend beyond the thirty-first day\nof December, two thousand eighteen.\n  2. No provision of subdivision one of this paragraph shall be deemed\nto prohibit the issuance of serial bonds for the purpose of financing\nany portion of such extraordinary expenses described in such subdivision\nwhich heretofore have been or hereafter shall be financed by the\nissuance of budget notes or for the purpose of redeeming any such notes.\n  3. Except as provided in this section, such serial bonds and any bond\nanticipation notes in anticipation thereof, shall be authorized, sold\nand issued in the manner provided by this chapter. Any bond anticipation\nnotes issued in anticipation of such bonds shall, for the purpose of\ndetermining the power of the issuer to contract indebtedness and to\nraise taxes upon real estate, be deemed to be serial bonds of an issue\nhaving a maximum maturity of more than two years as described in\nparagraph A of section five and in section ten of article eight of the\nstate constitution and for the purposes of (1) subdivision one-a of\nsection 136.00 of this chapter, (2) section two hundred thirty-three of\nthe county law, (3) section 5-514 of the village law, (4) any general or\nspecial law applicable to counties, cities, villages, school districts\nor district corporations which relates to the raising of taxes on real\nestate to provide for the payment of the interest on and the principal\nof indebtedness, and (5) all laws relating to the financial reports,\ndebt statements and real estate tax margin computations of such\nmunicipalities, school districts or district corporations. The chief\nfiscal officer of any municipality, school district or district\ncorporation issuing or renewing such bond anticipation notes shall\nimmediately after the issuance or renewal thereof notify the state\ncomptroller of such issuance or renewal. The state comptroller may\nprescribe the form of any such notice and shall furnish such forms to\nmunicipalities, school districts and district corporations for the\npurpose of making any such report.\n  4. Capital notes may not be issued to finance any object or purpose\nfor which serial bonds are authorized to be issued pursuant to this\nparagraph. The provisions of this paragraph shall not affect the power\nof any municipality, school district or district corporation described\nin paragraph a of this section to finance all or part of any such\nextraordinary expenses pursuant to the provisions of section 29.00 of\nthis chapter and paragraph c of this section.\n  5. Section 104.10 of this chapter shall not be applicable in relation\nto, or as the result of, the adoption of a bond resolution authorizing\nthe issuance of serial bonds pursuant to this paragraph. The provisions\nof section 10.00, paragraph a of section 21.00 and any other section of\nthis chapter, or the provisions of any general, special or local law,\nwhich would restrict, limit or prohibit the issuance of such bonds\n(except those enacted to conform with the state constitution) are, to\nthe extent that this section is utilized by a municipality, school\ndistrict or district corporation, suspended and made ineffective insofar\nas necessary to effectuate the purposes of this section.\n  c. The financing of storm relief expenses by the issuance of budget\nnotes. 1. If any municipality or school district described in paragraph\na of this section has heretofore issued budget notes pursuant to the\nprovisions of subdivision two or three of paragraph a of section 29.00\nof this chapter to provide for the payment of extraordinary expenses of\nstorm relief, the finance board, by resolution, may determine that such\nnotes shall be deemed to have been issued pursuant to the provisions of\nsubdivision one of paragraph a of such section and that such notes so\nissued shall not thereafter be considered in determining the power of\nsuch municipality or school district to issue budget notes pursuant to\nsuch subdivision two or three.\n  2. If any municipality, school district or district corporation\ndescribed in paragraph a of this section has heretofore issued budget\nnotes pursuant to the provisions of subdivision one, two or three of\nparagraph a, or paragraph b, of section 29.00 of this chapter, to\nprovide for the payment of extraordinary expenses of storm relief, the\nfinance board may determine that the provisions of paragraph j of such\nsection shall not be applicable in relation to the maturity of such\nnotes and (a) that such notes shall mature in equal annual installments\nin two different fiscal years, but the final maturity of such notes\nshall not extend beyond the close of the second fiscal year immediately\nsucceeding the year of their issue, or (b) if the fiscal procedures\napplicable to such municipality, school district or district corporation\nwill enable the necessary budgetary appropriations for debt service to\nbe made and such appropriations to become available, that such notes\nshall mature in three equal annual installments in three different\nfiscal years, but the final maturity of any such notes shall not exceed\nthree years in accordance with the provisions of paragraph a of section\n11.00 of this chapter which prescribes a period of probable usefulness\nof three years for objects or purposes financed by the issuance of\nbudget notes. Such budget notes which mature in three equal annual\ninstallments, as aforesaid, shall, for the purpose of determining the\npower of the issuer to contract indebtedness and to raise taxes on real\nestate, be deemed to be serial bonds of an issue having a maximum\nmaturity of more than two years as described in paragraph A of section\nfive and in section ten of article eight of the state constitution and\nfor the purposes of (1) paragraph one-a of section 136.00 of this\nchapter, (2) section two hundred thirty-three of the county law, (3)\nsection 5-514 of the village law, (4) any general or special law\napplicable to counties, cities, villages, school districts or district\ncorporations which relates to the raising of taxes on real estate to\nprovide for the payment of the interest on and the principal of\nindebtedness, and (5) all laws relating to financial reports, debt\nstatements and real estate tax margin computations of such\nmunicipalities, school districts or district corporations. If the\nfinance board determines that such budget notes shall mature in three\nequal annual installments, as aforesaid, the chief fiscal officer of\nsuch municipality, school district or district corporation immediately\nafter the adoption of the resolution making such determination shall\nfile a copy of the resolution with the state comptroller and shall\nimmediately after the issuance or renewal of such notes notify the state\ncomptroller of such issuance or renewal. The state comptroller may\nprescribe the form of any such notice and shall furnish such forms to\nmunicipalities, school districts or district corporations for the\npurpose of making any such report.\n  3. Notwithstanding any of the provisions of section 29.00 of this\nchapter, the finance board of a municipality or a school district\ndescribed in paragraph a of this section may authorize the issuance of\nbudget notes pursuant to subdivision one of paragraph a, or, in the case\nof a municipality, paragraph b of such section 29.00 of this chapter to\nprovide for the payment of all or part of the extraordinary expenses of\nstorm relief, to reimburse any fund or account of the municipality or\nschool district from which moneys to pay such extraordinary expenses\nhave been advanced or to replenish any fund or account of the\nmunicipality or school district from which such extraordinary expenses\nhave been paid, or any combination of such purposes, notwithstanding\nthat there may have been lack of statutory authority for any such\nadvance or payment from such fund or account. The finance board may\ndetermine that such notes may mature in the manner provided in paragraph\nj of section 29.00 of this chapter, or, if the fiscal procedures\napplicable to such municipality or school district will enable the\nnecessary budgetary appropriations for debt service to be made and such\nappropriations to become available, that such notes shall mature in two\nequal annual installments in two different fiscal years, but the final\nmaturity of such notes shall not extend beyond the close of the second\nfiscal year immediately succeeding the year of their issue.\n  4. The provisions of subdivision four of paragraph c of section 40.00\nof this chapter and of any other section of this chapter and the\nprovisions of any general, special or local law which would restrict,\nlimit or prohibit the renewal of budget notes as provided in this\nparagraph (except those enacted to conform with the state constitution),\nare, to the extent that this section is utilized by a municipality,\nschool district or district corporation, suspended and made ineffective\ninsofar as necessary to effectuate the objects and purposes of this\nsection.\n  d. Separability. If any clause, sentence, subdivision, paragraph, or\npart of this section be adjudged by any court of competent jurisdiction\nto be invalid, such judgment shall not affect, impair or invalidate the\nremainder thereof, but shall be confined in its operation to the clause,\nsentence, subdivision, paragraph, or part thereof directly involved in\nthe controversy in which such judgment shall have been rendered.\n
N.Y. RPT Law § 467-C — New York Code / Act RPT / Article 4 / Title 2 / Section 467-C
Exemption for property owned by certain housing companies or sublessees of the battery park city authority and occupied by senior citizen...
Status: in_force

§ 467-c. Exemption for property owned by certain housing companies or\nsublessees of the battery park city authority and occupied by senior\ncitizens or persons with disabilities. 1. Definitions. As used in this\nsection:\n  a. "Commissioner" means the commissioner of the state division of\nhousing and community renewal.\n  b. "Dwelling unit" means that part of a dwelling in which an eligible\nhead of the household resides and (1) which is subject to the provisions\nof Article II, IV, V, or XI of the private housing finance law or that\nwas formerly subject to the provisions of Article II of such law and\nmeets the conditions set forth in subdivision thirteen of this section;\nor (2) which was or continues to be subject to a mortgage insured or\ninitially insured by the federal government pursuant to section two\nhundred thirteen of the National Housing Act, as amended, in which an\neligible head of the household resides; or (3) which is within an\napplicable battery park city property.\n  c. "Eligibility date" means the later of (1) January first, nineteen\nhundred seventy-five or (2) the last day of the month in which a person\nbecame an eligible head of a household in the dwelling unit in which\nsuch person resides at the time of filing the most recent application\nfor benefits hereunder; or in the case of a dwelling subject to a\nmortgage insured or initially insured by the federal government pursuant\nto section two hundred thirteen of the National Housing Act, as amended,\n"eligibility date" means the later of (1) July first, nineteen hundred\nseventy-seven, or (2) the last day of the month in which a person became\nan eligible head of a household in the dwelling unit in which such\nperson resides at the time of filing the most recent application for\nbenefits hereunder.\n  d. "Eligible head of the household" means * (1) a person or their\nspouse who is sixty-two years of age or older and is entitled to the\npossession or to the use and occupancy of a dwelling unit, provided,\nhowever, with respect to a dwelling which was subject to a mortgage\ninsured or initially insured by the federal government pursuant to\nsection two hundred thirteen of the National Housing Act, as amended\n"eligible head of the household" shall be limited to that person or\ntheir spouse who was entitled to possession or the use and occupancy of\nsuch dwelling unit at the time of termination of such mortgage, and\nwhose income when combined with the income of all other members of the\nhousehold, does not exceed six thousand five hundred dollars for the\ntaxable period, or such other sum not less than sixty-five hundred\ndollars nor more than twenty-five thousand dollars beginning July first,\ntwo thousand five, twenty-six thousand dollars beginning July first, two\nthousand six, twenty-seven thousand dollars beginning July first, two\nthousand seven, twenty-eight thousand dollars beginning July first, two\nthousand eight, twenty-nine thousand dollars beginning July first, two\nthousand nine, fifty thousand dollars beginning July first, two thousand\nfourteen, and seventy-five thousand dollars beginning July first, two\nthousand twenty-six, as may be provided by local law.\n  * NB Effective until June 30, 2028\n  * (1) a person or his or her spouse who is sixty-two years of age or\nolder and is entitled to the possession or to the use and occupancy of a\ndwelling unit, provided, however, with respect to a dwelling which was\nsubject to a mortgage insured or initially insured by the federal\ngovernment pursuant to section two hundred thirteen of the National\nHousing Act, as amended "eligible head of the household" shall be\nlimited to that person or his or her spouse who was entitled to\npossession or the use and occupancy of such dwelling unit at the time of\ntermination of such mortgage, and whose income when combined with the\nincome of all other members of the household, does not exceed six\nthousand five hundred dollars for the taxable period, or such other sum\nnot less than sixty-five hundred dollars nor more than twenty-five\nthousand dollars beginning July first, two thousand five, twenty-six\nthousand dollars beginning July first, two thousand six, twenty-seven\nthousand dollars beginning July first, two thousand seven, twenty-eight\nthousand dollars beginning July first, two thousand eight, and\ntwenty-nine thousand dollars beginning July first, two thousand nine, as\nmay be provided by local law; or\n  * NB Effective June 30, 2028\n(2) a person with a disability as defined in this subdivision.\n  e. "Housing company" means any limited-profit housing company, limited\ndividend housing company, redevelopment company or housing development\nfund company incorporated pursuant to the private housing finance law\nand operated exclusively for the benefit of persons or families of low\nincome; or any corporate owner of a dwelling which is or was subject to\na mortgage insured or initially insured by the federal government\npursuant to section two hundred thirteen of the National Housing Act, as\namended.\n  f. "Income" means:\n  (1) the "adjusted gross income" for federal income tax purposes as\nreported on the applicant's federal or state income tax return for the\napplicable income tax year, subject to any subsequent amendments or\nrevisions, plus any social security benefits not included in such\nfederal adjusted gross income; provided that if no such return was filed\nfor the applicable income tax year, the applicant's income shall be\ndetermined based on the amounts that would have so been reported if such\na return had been filed; and provided further, that when determining\nincome for purposes of this section, the following conditions shall be\napplicable:\n  (i) the governing body of a municipal corporation, after a public\nhearing, may adopt a local law, ordinance or resolution providing that\nany social security benefits that were not included in the applicant's\nadjusted gross income shall not be considered income;\n  (ii) distributions received from an individual retirement account or\nindividual retirement annuity that were included in the applicant's\nfederal adjusted gross income shall not be considered income unless the\ngoverning body of a municipal corporation, after a public hearing,\nadopts a local law, ordinance or resolution providing otherwise;\n  (iii) the applicant's income shall be offset by all medical and\nprescription drug expenses actually paid that were not reimbursed or\npaid for by insurance, if the governing body of a municipal corporation,\nafter a public hearing, adopts a local law, ordinance or resolution\nproviding therefor;\n  (iv) any tax-exempt interest or dividends that were excluded from the\napplicant's federal adjusted gross income shall be considered income;\nand\n  (v) any losses that were applied to reduce the applicant's federal\nadjusted gross income shall be subject to the following limitations:\n  (A) the net amount of loss reported on federal Schedule C, D, E, or F\nshall not exceed three thousand dollars per schedule,\n  (B) the net amount of any other separate category of loss shall not\nexceed three thousand dollars, and\n  (C) the aggregate amount of all losses shall not exceed fifteen\nthousand dollars; and\n  (vi) When the eligible head of the household has retired on or after\nthe commencement of the taxable period and prior to the date of making\nan application for a rent increase exemption order/tax abatement\ncertificate pursuant to this section, such person's income shall be\nadjusted by excluding salary or earnings and projecting such person's\nretirement income over the entire taxable period; or\n  (2) notwithstanding subparagraph one of this paragraph, in a city with\na population of one million or more persons:\n  (i) the sum of the adjusted gross incomes reported on the federal\nincome tax returns of the applicant and all other members of the\napplicant's household for the most recent income tax year or years for\nwhich data is sufficiently available to determine the applicant's\neligibility for exemptions pursuant to this section, subject to any\nsubsequent amendments or revisions, less any distributions, to the\nextent included in each such adjusted gross income, received from an\nindividual retirement account or retirement annuity; provided that if no\nsuch income tax return was filed by any member of the applicant's\nhousehold for such income tax year, the income of such applicant or\nmember of the applicant's household shall be determined as if such a\nreturn had been filed;\n  (ii) provided, however, that income may be calculated as the income\nreceived by the eligible head of the household combined with the income\nof all other members of the household from all sources after deduction\nof all income and social security taxes and includes without limitation,\nsocial security and retirement benefits, supplemental security income\nand additional state payments, public assistance benefits, interest,\ndividends, net rental income, salary and earnings, and net income from\nself employment, but shall not include gifts or inheritances, payments\nmade to individuals because of their status as victims of Nazi\npersecution as defined in federal P.L. 103-286, nor increases in\nbenefits accorded pursuant to the social security act or a public or\nprivate pension paid to any member of the household which increase, in\nany given year, does not exceed the consumer price index (all items\nUnited States city average) for such year which take effect after the\neligibility date of an eligible head of the household receiving benefits\nhereunder whether received by the eligible head of the household or any\nother member of the household, when the following conditions are met:\n  (A) a rent increase exemption order was granted to the head of\nhousehold prior to July first, two thousand twenty-four;\n  (B) such rent increase exemption order is either renewed after each\nbenefit period or granted pursuant to subparagraph four of paragraph a\nof subdivision three of this section to account for a temporary increase\nin income;\n  (C) income calculated as described in this clause would yield a lower\namount than income calculated as described in clause (i) of this\nsubparagraph; and\n  (iii) provided, further, that a change in the method of calculating\nincome pursuant to this subparagraph shall not affect eligibility to\nfile a short-form renewal application in accordance with subparagraph\ntwo of paragraph a of subdivision four of this section.\n  g. "Income tax year" means a twelve month period for which the head of\nthe household filed a federal personal income tax return, or if no such\nreturn is filed, the calendar year.\n  h. "Increase in maximum rent" means any increase in the maximum rent\nfor the dwelling unit becoming effective on or after the eligibility\ndate, including capital assessments and voluntary capital contributions\nbut excluding any increase in maximum rent attributable to gas or\nelectrical utility charges or an increase in dwelling space, services or\nequipment, or an exemption from the maximum rent or legal regulated rent\nas specified in paragraph b of subdivision three of this section,\nprovided, however, that with respect to any dwelling unit in a dwelling\nwhich is or was subject to a mortgage insured or initially insured by\nthe federal government pursuant to section two hundred thirteen of the\nNational Housing Act, as amended, "increase in maximum rent" shall not\ninclude any increase in maximum rent attributable to capital assessments\nor voluntary capital contributions.\n  i. "Maximum rent" means the maximum rent, excluding gas and electric\nutility charges, which has been authorized or approved by the\ncommissioner or the supervising agency or the legal regulated rent\nestablished for the dwelling unit pursuant to the provisions of either\nArticle II, IV, V or XI of the private housing finance law, or the\nrental established for a cooperatively owned dwelling unit previously\nregulated pursuant to the provisions of Article II, IV, V or XI of the\nprivate housing finance law; or such approved rent for a dwelling unit\nin a dwelling subject to a mortgage insured or initially insured by the\nfederal government pursuant to section two hundred thirteen of the\nNational Housing Act, as amended; or such rent established for a\ndwelling unit which was subject to a mortgage insured or initially\ninsured by the federal government pursuant to section two hundred\nthirteen of the National Housing Act, as amended; or the rent\nestablished for an applicable battery park city property.\n  j. "Members of the household" means the head of the household and any\nperson, permanently residing in the dwelling unit.\n  k. "Supervising agency" means the comptroller in a municipality having\na comptroller; in a municipality having no comptroller, the chief fiscal\nofficer of such municipality; except that in the city of New York it\nshall be the department of housing preservation and development.\n  l. "Taxable period" means the income tax year immediately preceding\nthe date of making application for a rent increase exemption order/tax\nabatement certificate.\n  * m. "Person with a disability" means an individual who is currently\nreceiving social security disability insurance (SSDI) or supplemental\nsecurity income (SSI) benefits under the federal social security act or\ndisability pension or disability compensation benefits provided by the\nUnited States department of veterans affairs or those previously\neligible by virtue of receiving disability benefits under the\nsupplemental security income program or the social security disability\nprogram and currently receiving medical assistance benefits based on\ndetermination of disability as provided in section three hundred\nsixty-six of the social services law and whose income for the current\nincome tax year, together with the income of all members of such\nindividual's household, does not exceed fifty thousand dollars beginning\nJuly first, two thousand fourteen, and seventy-five thousand dollars\nbeginning July first, two thousand twenty-six, as may be provided by\nlocal law.\n  * NB Effective until June 30, 2028\n  * m. "Person with a disability" means an individual who is currently\nreceiving social security disability insurance (SSDI) or supplemental\nsecurity income (SSI) benefits under the federal social security act or\ndisability pension or disability compensation benefits provided by the\nUnited States department of veterans affairs or those previously\neligible by virtue of receiving disability benefits under the\nsupplemental security income program or the social security disability\nprogram and currently receiving medical assistance benefits based on\ndetermination of disability as provided in section three hundred\nsixty-six of the social services law and whose income for the current\nincome tax year, together with the income of all members of such\nindividual's household, does not exceed the maximum income at which such\nindividual would be eligible to receive cash supplemental security\nincome benefits under federal law during such tax year.\n  * NB Effective June 30, 2028\n  n. "Applicable battery park city property" means a property that is\n(1) subject to a lease or sublease with the battery park city authority;\nand (2) has one or more residential units which are subject to\nlimitations on rent increases pursuant to:\n  (i) a contractual agreement with the battery park city authority,\nwhich may be within the lease or sublease between the battery park city\nauthority and the lessee or sublessee; or\n  (ii) a regulatory agreement with the commissioner or supervising\nagency.\n  2. The governing body of any city having a population of one million\nor more, acting through its local legislative body or other governing\nagency is hereby authorized and empowered to adopt and amend local laws\nor ordinances providing that real property of a housing company shall be\nexempt from real property taxes and that real property of an applicable\nbattery park city property shall be exempt from payments in lieu of\ntaxes (PILOT), in an amount equal to the rent increase exemptions\nactually credited to eligible heads of households pursuant to this\nsection. Any such exemption shall be in addition to any other exemption\nor abatement of taxes authorized by law.\n  3. Any such local law or ordinance shall provide that: a. an eligible\nhead of the household may obtain a rent increase exemption order/tax\nabatement certificate entitling him to an exemption from increases in\nthe maximum rent otherwise payable in one of the following amounts:\n  (1) where the eligible head of the household does not receive a\nmonthly allowance for shelter pursuant to the social services law, the\namount by which increases in the maximum rent subsequent to such\nperson's eligibility date have resulted in the maximum rent exceeding\none-third of the combined income of all members of the household for the\ntaxable period, except that in no event shall a rent increase exemption\norder/tax abatement certificate become effective prior to January first,\nnineteen hundred seventy-six; or\n  (2) where the eligible head of the household receives a monthly\nallowance for shelter pursuant to the social services law, an amount not\nexceeding that portion of any increase in maximum rent subsequent to\nsuch person's eligibility date which is not covered by the maximum\nallowance for shelter which such person is entitled to receive pursuant\nto the social services law.\n  (3) provided, however, that in a city of a population of one million\nor more, where the eligible head of the household has been granted a\nrent increase exemption order as a person with a disability as defined\nin paragraph m of subdivision one of this section that is in effect as\nof January first, two thousand fifteen or takes effect on or before July\nfirst, two thousand fifteen, the amount determined by subparagraph one\nof this paragraph shall be an amount not in excess of the difference\nbetween the maximum rent and the amount specified in such order, as\nadjusted by any other provision of this section.\n  (4) (a) Provided, however, that in a city with a population of one\nmillion or more, a head of the household who has received a rent\nincrease exemption order that has expired and who, upon renewal\napplication for the period commencing immediately after such expiration,\nis determined to be ineligible for a rent increase exemption order\nbecause the combined income of all members of the household exceeds the\nmaximum amount allowed by this section or the maximum rent or legal\nregulated rent does not exceed one-third of the combined income of all\nmembers of the household, may submit a new application during the\nfollowing calendar year, and if such head of the household receives a\nrent increase exemption order that commences during such calendar year,\nthe tax abatement amount for such order shall be calculated as if such\nprior rent increase exemption order had not expired. However, no tax\nabatement benefits may be provided for the period of ineligibility.\n  (b) No head of the household may receive more than three rent increase\nexemption orders calculated as if a prior rent increase exemption order\nhad not expired, as described in clause (a) of this subparagraph.\n  b. notwithstanding any other provision of law, when a head of the\nhousehold to whom a then current, valid tax abatement certificate has\nbeen issued moves his principal residence from one dwelling unit subject\nto this section, to the local emergency housing rent control law or to\nthe emergency tenant protection act of nineteen seventy-four to a\nsubsequent dwelling unit which is subject to the provisions of articles\nII, IV, V or XI of the private housing finance law and which is located\nwithin the same municipal corporation, or which is or was subject to a\nmortgage insured or initially insured by the federal government pursuant\nto section two hundred thirteen of the National Housing Act, as amended,\nand which is located within the same municipal corporation, or which is\nan applicable battery park city property, the head of the household may\napply for a tax abatement certificate relating to the subsequent\ndwelling unit, subject to any terms and conditions imposed by reason of\nany fund created under subdivision eight of this section, and such\ncertificate may provide that the head of the household shall be exempt\nfrom paying that portion of the maximum rent or legal regulated rent for\nthe subsequent dwelling unit which is the least of the following:\n  (1) the amount by which the rent for the subsequent dwelling unit\nexceeds the last rent, as so reduced, which the head of the household\nwas required to actually pay in the original dwelling unit;\n  (2) the most recent amount so deducted from the maximum rent or legal\nregulated rent in the original dwelling unit; or\n  (3) where the head of the household does not receive a monthly\nallowance for shelter pursuant to the social services law, the amount by\nwhich the maximum rent or legal regulated rent of the subsequent\ndwelling unit exceeds one-third of the combined income of all members of\nthe household, except that this subparagraph shall not apply to a head\nof the household who has been granted a rent increase exemption order as\na person with a disability as defined in paragraph m of subdivision one\nof this section that is in effect as of January first, two thousand\nfifteen or takes effect on or before July first, two thousand fifteen.\n  c. Notwithstanding any other provision of law, when a dwelling unit\nsubject to the provisions of article II, IV, V or XI of the private\nhousing finance law or subject to a mortgage insured or initially\ninsured by the federal government pursuant to section two hundred\nthirteen of the national housing act, as amended, is later reclassified\nby order of the commissioner, the supervising agency or any other\ngovernmental agency supervising such dwelling unit, or by operation of\nlaw to a dwelling unit subject to any of the provisions of article II,\nIV, V or XI of the private housing finance law, the rent stabilization\nlaw of nineteen hundred sixty-nine of the city of New York or the\nemergency tenant protection act of nineteen seventy-four, or when a\ndwelling unit subject to such rent stabilization law or such emergency\ntenant protection act, or subject to the emergency housing rent control\nlaw or to the rent and rehabilitation law of the city of New York\nenacted pursuant to the local emergency housing rent control act, is\nreclassified by order of the commissioner or the supervising agency or\nby operation of law to a dwelling unit subject to any of the\naforementioned provisions of the private housing finance law or subject\nto a mortgage insured or initially insured by the federal government\npursuant to section two hundred thirteen of the national housing act, as\namended, a head of the household who held or holds a valid rent increase\nexemption order at the time of the reclassification shall be issued a\nrent increase exemption order under applicable law continuing the\nprevious exemption notwithstanding the reclassification of the dwelling\nunit.\n  d. notwithstanding any other provision of law to the contrary, where a\neligible head of the household holds a current, valid rent increase\nexemption order/tax abatement certificate and, after the effective date\nof this paragraph, there is a permanent decrease in income in an amount\nwhich exceeds twenty percent of such income as represented in such\neligible head of household's last approved application for a rent\nincrease exemption order/tax abatement certificate or for renewal\nthereof, such eligible head of the household may apply for a\nredetermination of the amount set forth therein. Upon application, such\namount shall be redetermined so as to re-establish the ratio of adjusted\nrent to income which existed at the time of approval of such eligible\nhead of the household's last application for a rent increase exemption\norder/tax abatement certificate or for renewal thereof; provided,\nhowever, that in no event shall the amount of the adjusted rent be\nredetermined to be (i) in the case of an eligible head of the household\nwho does not receive a monthly allowance for shelter pursuant to the\nsocial services law, less than one-third of income unless such head of\nthe household has been granted a rent increase exemption order as a\nperson with a disability as defined in paragraph m of subdivision one of\nthis section that is in effect as of January first, two thousand fifteen\nor takes effect on or before July first, two thousand fifteen; or (ii)\nin the case of an eligible head of the household who receives a monthly\nallowance for shelter pursuant to the social services law, less than the\nmaximum allowance for shelter which such eligible head of the household\nis entitled to receive pursuant to law. For purposes of this paragraph,\na decrease in income shall not include any decrease in income resulting\nfrom the manner in which income is calculated pursuant to any amendment\nto paragraph f of subdivision one of this section made on or after April\nfirst, nineteen hundred eighty-seven. For purposes of this paragraph,\n"adjusted rent" shall mean maximum rent less the amount set forth in a\nrent increase exemption order/tax abatement certificate.\n  e. (1) notwithstanding any provision of law to the contrary:\n  (A) A tenant residing in a dwelling unit subject to the provisions of\nthis section shall be furnished a notice informing such tenant about the\ntenant's potential eligibility for a rent increase exemption pursuant to\nthis section.\n  (B) The form and content of such notice shall be promulgated as\nrequired by paragraph i of subdivision three of section four hundred\nsixty-seven-b of this title.\n  (C) Such notice shall clearly and conspicuously display the\neligibility requirements for the rent increase exemption and the website\naddress and telephone number where tenants may obtain more information.\n  (2) The notice required by subparagraph one of this paragraph shall be\nfurnished by the following agencies or individuals at the same time as\nthe notice required by the occurrence of the following events:\n  (A) Notwithstanding clause (B) of subparagraph one of this paragraph,\nthe state commissioner of housing and community renewal shall provide\nsuch notice, in a form to be determined by such commissioner, to a\ntenant:\n  (i) Upon receipt of an application for a rent adjustment due to a\nmajor capital improvement; and\n  (ii) For dwelling units subject to chapter three of title twenty-six\nof the administrative code of the city of New York, upon a maximum base\nrent adjustment pursuant to paragraph one of subdivision g of section\n26-405 of the administrative code of the city of New York.\n  (B) The landlord of a dwelling unit shall provide such notice to a\ntenant:\n  (i) With an initial lease and any renewal lease; and\n  (ii) Upon the annual registration of a housing accommodation as\nrequired by section 26-517 of the administrative code of the city of New\nYork.\n  (C) A company, as such term is defined in subdivision two of section\ntwelve of the private housing finance law, shall provide such notice to\na tenant upon a rent increase pursuant to section thirty-one of the\nprivate housing finance law, provided that the company shall provide\nsuch notice to a tenant at least once annually.\n  4. a. (1) Any such local law or ordinance may provide that the\neligible head of the household shall apply annually to the supervising\nagency for a rent increase exemption order/tax abatement certificate on\na form to be prescribed and made available by the supervising agency.\n  (2) Upon the adoption of a local law, ordinance, or resolution by the\ngoverning board of a municipality, any head of household that has been\nissued a tax abatement certificate pursuant to this section for five\nconsecutive benefit periods, and whose income and residence have not\nchanged since their last renewal application, shall be eligible to file\na short form renewal. Such statement shall be on a form prescribed by\nthe appropriate rent control agency or administrative agency and shall\ninclude the following: (i) a sworn statement certifying that such head\nof household continues to be eligible to receive such certificate and\nthat their income and residence have not changed; and (ii) a\ncertification to be signed by the applicant stating that all information\ncontained in their statement is true and correct to the best of the\napplicant's knowledge and belief and stating that they understand that\nthe willful making of any false statement of material fact therein shall\nsubject them to the provisions of law relevant to the making and filing\nof false instruments and loss of their benefit, and that subsequent\nreapplication shall be as a new applicant.\n  b. The supervising agency shall approve or disapprove applications\nand, if it approves, shall issue a rent increase exemption order/tax\nabatement certificate. Copies of such order/certificate shall be issued\nto the housing company managing the dwelling unit of the eligible head\nof the household, to the eligible head of the household and to the\ncollecting officer charged with the duty of collecting the taxes of the\nmunicipality. The appropriate supervising agency shall send a notice of\nrequired renewal to each head of household currently receiving an\nexemption under this section via United States Postal Service to their\nprimary residence no less than thirty days prior to the application\nrenewal date.\n  4-a. Notwithstanding any other provision of law to the contrary, where\na head of household who holds a current, valid tax abatement certificate\ndies or permanently leaves the household as specified in rules\npromulgated by the supervising agency, a surviving member of the\nhousehold who is eligible under this section may apply to transfer the\nrent increase exemption from the head of household who has died or\npermanently left the household into their name and continue the\nexemption as the new head of household. The option to transfer the rent\nincrease exemption shall be available for a period of six months after\nthe head of household dies or permanently leaves the household or ninety\ndays after the date of notice from the supervising agency informing the\nhousehold that the rent increase exemption benefit has expired upon the\ndeath of the head of household, whichever is later. Such notice shall\ninclude an explanation of the process to transfer the exemption to an\neligible surviving household member and the time period to do so,\naccompanied by the form necessary to transfer the exemption.\n  5. Any such local law or ordinance may provide that the effective date\nof a rent increase exemption order/tax abatement certificate shall be\nthe date of the first increase in maximum rent becoming effective after\nthe applicant's eligibility date except that in no event shall a rent\nincrease exemption order/tax abatement certificate become effective\nprior to January first, nineteen hundred seventy-six.\n  6. Any such local law or ordinance may provide that upon receipt of a\ncopy of the rent increase exemption order/tax abatement certificate, the\nhousing company managing the dwelling unit or the landlord of the\ndwelling unit within an applicable battery park city property, of the\neligible head of the household shall promptly accord to the eligible\nhead of the household covered by such order/certificate the appropriate\ncredit against the monthly maximum rent then or thereafter payable. To\nthe extent the full amount of such credit has not been accorded for any\npast period since the effective date specified in the order/certificate,\nthe housing company or landlord shall credit the total aggregate amount\nnot so credited to the monthly maximum rent next payable or to such\nsubsequent monthly maximum rents as the supervising agency may\nauthorize. It shall be illegal to collect any amount for which a rent\nincrease exemption order/tax abatement certificate provides credit or to\nwithhold credit for any such amounts already collected, and collection\nor retention of any such amount for a dwelling unit occupied by such\neligible head of the household shall be deemed a rent overcharge, and\nupon conviction therefor the housing company and its directors and any\nemployee and any agent responsible therefor or the landlord and any\nemployee and any agent responsible therefor shall be guilty of a\nmisdemeanor, punishable by a fine not to exceed one thousand dollars or\nimprisonment not to exceed six months, or both.\n  7. Any such local law or ordinance may provide that in order to obtain\nthe benefits to which it is entitled under this section, a housing\ncompany or landlord of an applicable battery park city property must\nfile with the collecting officer charged with the duty of collecting\ntaxes of the municipality or PILOT a sworn application, in such form as\nsuch officer may prescribe, for any quarterly period in which the\nhousing company or landlord has accorded an eligible head of the\nhousehold an exemption hereunder from the payment of the maximum rent.\nSubject to prior or subsequent verification thereof, the collecting\nofficer shall credit the total amount of such exemptions actually\naccorded to occupants of dwelling units contained in the property\nagainst the real property taxes or PILOT otherwise payable with respect\nto the property. The housing company or landlord shall attach to such\napplication copies of all rent increase exemption orders/tax abatement\ncertificates issued to eligible heads of the household residing in\ndwelling units in such real property.\n  8. Any such local law or ordinance may provide that in the event that\nthe real property of a housing company or applicable battery park city\nproperty containing one or more dwelling units shall be totally exempt\nfrom local and municipal real property taxes or PILOT for any fiscal\nyear as a result of the exemptions from maximum rent credited pursuant\nto this section, or otherwise, such municipality may make or contract to\nmake payments to a housing company or landlord in an amount not\nexceeding the amount necessary to reimburse the housing company or\nlandlord for the total dollar amount of all exemptions from the payment\nof the maximum rent accorded pursuant to this section to eligible heads\nof the household residing in dwelling units in such real property.\nNotwithstanding the foregoing, the battery park city authority shall\nhave no obligation whatsoever to reimburse a landlord.\n  A municipality may create and establish a fund in order to provide for\nthe payments made in accordance with contracts entered into pursuant to\nthis subdivision. There may be paid into such fund (1) all of the rental\nsurcharges collected by the municipality from housing companies\norganized and existing pursuant to Articles II, IV, V and XI of the\nprivate housing finance law and (2) any moneys appropriated or otherwise\nmade available by the municipality for the purpose of such fund.\n  9. The supervising agency may promulgate such rules and regulations as\nmay be necessary to effectively carry out the provisions of this act.\n  10. Any such local law or ordinance may provide that it shall be\nillegal, for any person submitting an application for a rent increase\nexemption pursuant to this section, to make any false statement or\nwillful misrepresentation of fact, and upon conviction thereof such\napplicant shall be guilty of a misdemeanor, punishable by a fine not to\nexceed five hundred dollars or imprisonment not to exceed ninety days,\nor both.\n  11. Notwithstanding any other provision of law and to the extent\napplicable to the provisions of this section, any renewal application\nbeing made by the tenant pursuant to this section, any rent exemption\norder then in effect with respect to such tenant shall be deemed renewed\nuntil such time as the city rent agency shall have found such tenant to\nbe either eligible or ineligible for a rent exemption order but in no\nevent for more than six additional months. If such tenant is found\neligible, the order shall be deemed to have taken effect upon expiration\nof the exemption. In the event that any such tenant shall, subsequent to\nany such automatic renewal, not be granted a rent exemption order, such\ntenant shall be liable to his landlord for the difference between the\namounts he has paid under the provisions of the automatically renewed\norder and the amounts which he would have been required to pay in the\nabsence of such order. Any rent exemption order issued pursuant to this\nsection shall include provisions giving notice as to the contents of\nthis subdivision relating to automatic renewals of rent exemption\norders.\n  12. Notwithstanding any inconsistent provision of law, any such local\nlaw or ordinance may provide that whenever a rent increase exemption\norder/tax abatement certificate is issued to an eligible head of the\nhousehold residing in a dwelling unit owned by a housing company which\nis subject to the provisions of article II, IV, V or XI of the private\nhousing finance law entitling such eligible person to an exemption from\nan increase in maximum rent attributable to a capital assessment or\nvoluntary capital contribution made prior to, on or after the effective\ndate of this subdivision and such person later transfers his shares in\nsuch housing company, such person shall be required to pay over to such\nhousing company, or such housing company shall be entitled to deduct\nfrom the amount to be paid to such person for the sale of such shares,\nall amounts covered by such rent increase exemption order/tax abatement\ncertificate which are attributable to such capital assessment or\nvoluntary capital contribution. Such housing company shall not approve\nthe transfer of shares unless it has received the payment required by\nthe preceding sentence or made the deduction therein authorized. Such\nhousing company shall remit such amount to the municipality within\nninety days of the collection thereof. Payments due to the municipality\nin accordance with this subdivision shall be deemed a tax lien and may\nbe enforced in any manner authorized for the collection of delinquent\ntaxes on real property.\n  13. In a city with a population of one million or more, any such local\nlaw, ordinance or resolution may provide for a rent increase exemption\norder and the abatement of taxes of such city imposed on real property\nformerly subject to the provisions of Article II of the private housing\nfinance law prior to the effective date of the chapter of the laws of\ntwo thousand twenty-two that added this subdivision containing dwelling\nunits that are subject to a regulatory agreement in which the qualifying\nhead of household or their qualifying successor in interest: (a) has a\nsigned agreement with the landlord to limit increases in maximum rent\nfor the lifetime of the tenancy to an amount established by the rent\nguidelines board in its annual guidelines for rent adjustments for\nhousing accommodations subject to the emergency tenant protection act of\nnineteen seventy-four or the administrative code of the city of New York\nor to another amount provided for in such regulatory agreement; and (b)\nis otherwise eligible for such tax abatement. Any such local law,\nordinance, or resolution may provide that the effective date of a rent\nincrease exemption order/tax abatement certificate shall be May\nthirty-first, two thousand twenty-two for any applicant found eligible\non or before March thirty-first, two thousand twenty-four.\n
N.Y. VAT Law § 206 — New York Code / Act VAT / Title 2 / Article 2 / Section 206
Deputization of agents
Status: in_force

§ 206. Deputization of agents. The commissioner may, in his\ndiscretion, deputize any person to act for the commissioner, subject to\nrules and limitations prescribed by him, for the purpose of issuing or\nrenewing licenses, registrations and number plates. Any such license,\nregistration or number plate so issued or renewed shall be subject to\ncancellation by the commissioner, if improperly issued. Such deputies\nshall not receive compensation from the state under this section, and no\nfee in addition to the fees prescribed by law shall be charged any\napplicant unless such fee has been approved by the commissioner. The\ncommissioner may, without a hearing, revoke at any time the authority\ngranted to any person under this section.\n
N.Y. VAT Law § 241-A — New York Code / Act VAT / Title 2 / Article 2-B / Section 241-A
Complaint procedure for satisfied or wrongfully imposed fine or penalty
Status: in_force

§ 241-a. Complaint procedure for satisfied or wrongfully imposed fine\nor penalty. 1. (a) Every city with a population of more than one million\ninhabitants that has established a parking violations bureau shall\nestablish, within such bureau, a properly staffed complaint unit of\npublic service representatives to respond to complaints from any person\nwho, after having satisfied, by payment, adjudication, or administrative\naction, any fine or penalty for a parking violation or after having\nproven that a fine or penalty was wrongfully imposed on this person,\nreceives a demand for payment of the fine or penalty previously\nsatisfied or wrongfully imposed, or is denied any registration or\nrenewal application by the department of motor vehicles upon a\ncertification from such parking violations bureau based upon lack of\npayment of any fine or penalty previously satisfied or wrongfully\nimposed. The complaint unit established under this section shall accept\ncomplaints either in person or by certified mail, return receipt\nrequested. Each written demand for payment, other than the first demand\nfollowing issuance of the notice of violation, shall advise the\naddressee of the existence of the complaint unit and the procedure for\nsubmitting a complaint. Upon receipt of a complaint, if in person, or\nwithin ten work days after receipt of a complaint if by mail, the\ncomplaint unit shall acknowledge receipt in writing and notify the\ncomplainant of the procedure for further review. The complaint unit\nshall, within thirty days after receiving a complaint in person or by\ncertified mail supported by the proof prescribed by this section, notify\nthe complainant that the payment has been credited to his or her record;\nthat the wrongful imposition has been removed from the complainant's\nrecord; or that the information sent to the bureau fails to prove that\nthe fine or penalty was satisfied or that the imposition was wrongful,\nin which case the reason or reasons shall be set forth.\n  (b) If, after this thirty day period, the bureau continues to demand\npayment from this person of the fine or penalty previously satisfied or\nwrongfully imposed, or if the bureau does not render a determination,\nthe person within six months from the date of his or her complaint shall\nhave the right to an expedited review before a panel of three\nadministrative law judges.  Such panel shall be empowered to compel the\nbureau to produce records and other evidence relevant and material to\nthe complaint. The complainant shall be required to submit, together\nwith his or her request for a review, a copy of all the materials\nsubmitted with the original complaint. The panel of administrative law\njudges shall be empowered to direct that the bureau's records be\nchanged, as appropriate, to insure that no further demand is made for\nthe fine or penalty previously satisfied or wrongfully imposed, and the\nbureau shall comply with such directive. Further, the panel of\nadministrative law judges, upon petition by the complainant, may at its\nsole discretion, direct the parking violations bureau to pay the\ncomplainant who receives a wrongfully imposed fine or has previously\nsatisfied an outstanding fine such out-of-pocket expenses as the panel\ndeems reasonable only in such cases where the complainant sufficiently\ndemonstrates that he or she has notified the bureau of his or her\ncomplaint under this section and the bureau has failed, in the panel's\nopinion, to remove the wrongfully imposed fine or the previously\nsatisfied fine; however, payment of such expenses shall not exceed the\namount of the original fine.\n  (c) Any other city authorized to establish a parking violations bureau\nmay create a panel to resolve complaints relating to satisfied penalties\nand wrongfully imposed penalties. The composition of such a panel shall\nbe determined by local option.\n  2. This section shall not apply to parking violation fines or\npenalties relating to commercial, taxi, common or contract carriers or\nlivery vehicles.\n  3. In cities required to create a review panel under this section, the\nparking violations bureau shall keep a record of all complaints\nsubmitted under this section for a minimum of three years, and shall\nissue a public report every year containing the number of complaints\nheard each year according to category, the number of dispositions\nfavorable to complainants, the average compensation awarded in such\nfavorable dispositions, and any other appropriate information. Such\ninformation shall also be published annually and placed in the municipal\nreference library, in such cities where applicable.\n  4. The proof that must be submitted in connection with a complaint\nmade under this section is, as appropriate, a copy of the receipt, money\norder or front and back of cancelled check; a copy of a police report of\nstolen vehicle or stolen or lost plates or proof of an insurance company\npayment for a stolen vehicle, or a department of motor vehicles receipt\nfor surrendered plates. As used in this section, a "wrongfully imposed"\nfine or penalty shall mean a fine or penalty which is imposed after the\nrespective vehicle has been stolen or after the license plates were\nstolen, lost or surrendered to the department of motor vehicles.\n  5. Every such parking violations bureau shall adopt and promulgate\nrules and regulations not inconsistent with any applicable provision of\nlaw, to carry out the purposes of this section.\n
N.Y. RPT Law § 489-KK — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-KK
Tentative determination of railroad ceiling; notice, complaints and hearing
Status: in_force

§ 489-kk. Tentative determination of railroad ceiling; notice,\ncomplaints and hearing. 1. Each year the commissioner shall make a\ntentative determination of each railroad ceiling. Thereafter, the\ncommissioner shall give notice in writing to each assessing unit and\neach railroad company for which such tentative determination of a\nrailroad ceiling shall have been made specifying the amount of such\nceiling and the time and place where the commissioner will meet to hear\nany complaint concerning such tentative determination. Such notice must\nbe served at least twenty days prior to the date specified for the\nhearing.\n  2. A railroad company or assessing unit objecting to a tentative\ndetermination of the railroad ceiling must serve its complaint upon the\ncommissioner in writing and a copy thereof upon the assessing unit or\nrailroad company, as the case may be, at least five days before the day\nspecified for the hearing, specifying its objections to such tentative\ndetermination. Service may be made either in person or by mail. On or\nbefore the date specified for the hearing an affidavit of service shall\nbe filed with the commissioner stating in substance that service has\nbeen made in accordance with the provisions of this section.\n  3. The commissioner shall meet at the time and place specified in such\nnotice to hear complaints in relation to the tentative determination of\nthe railroad ceiling. The provisions of section five hundred twelve of\nthis chapter shall apply so far as may be practicable to a hearing under\nthis section. Nothing contained in this subdivision shall be construed\nto require a hearing to be conducted when no complaints have been filed.\n
N.Y. PBH Law § 2999 — New York Code / Act PBH / Article 29-D / Title 2 / Section 2999
Contracting with private entities
Status: in_force

§ 2999. Contracting with private entities. The center may contract\nwith one or more private entities to undertake the duties delineated in\nthis title. Such entities shall remain subject to existing\nconfidentiality protections.\n
N.Y. EDN Law § 2566 — New York Code / Act EDN / Title 2 / Article 52 / Section 2566
Powers and duties of superintendent of schools
Status: in_force

§ 2566. Powers and duties of superintendent of schools. The\nsuperintendent of schools of a city shall possess, subject to the\nby-laws of the board of education, the following powers and be charged\nwith the following duties:\n  1. To be the chief executive officer of such board and the educational\nsystem, and to have a seat on the board of education and the right to\nspeak on all matters before the board, but not to vote.\n  2. To enforce all provisions of law and all rules and regulations\nrelating to the management of the schools and other educational, social\nand recreational activities under the direction of the board of\neducation.\n  3. In a city having a population of one million or more, to exercise\nsuch administrative and ministerial powers of such board as may be\ndelegated to him by regulation and by-laws of such board in such manner\nand with the same force and effect as if such powers were given to him\nby the provisions of the education law.\n  4. To prepare the content of each course of study authorized by the\nboard of education. The content of each such course shall be submitted\nto the board of education for its approval and, when thus approved, the\nsuperintendent shall cause such courses of study to be used in the\ngrades, classes and schools for which they are authorized.\n  5. To recommend suitable lists of textbooks to be used in the schools.\n  6. To have supervision and direction of associate, assistant, district\nand other superintendents, directors, supervisors, principals, teachers,\nlecturers, medical inspectors, nurses, claims auditors, deputy claims\nauditors, attendance officers, janitors and other persons employed in\nthe management of the schools or the other educational activities of the\ncity authorized by this chapter and under the direction and management\nof the board of education, except that in the city school districts of\nthe cities of Buffalo, Rochester, and Syracuse to also appoint, within\nthe amounts budgeted therefor, such associate, assistant and district\nsuperintendents and all other supervising staff who are excluded from\nthe right to bargain collectively pursuant to article fourteen of the\ncivil service law; to transfer teachers from one school to another, or\nfrom one grade of the course of study to another grade in such course,\nand to report immediately such transfers to said board for its\nconsideration and action; to report to said board of education\nviolations of regulations and cases of insubordination, and to suspend\nan associate, assistant, district or other superintendent, director,\nsupervisor, expert, principal, teacher or other employee until the next\nregular meeting of the board, when all facts relating to the case shall\nbe submitted to the board for its consideration and action.\n  7. To have supervision and direction over the enforcement and\nobservance of the courses of study, the examination and promotion of\npupils, and over all other matters pertaining to playgrounds, medical\ninspection, recreation and social center work, libraries, lectures and\nall other educational activities and interest under the management,\ndirection and control of the board of education.\n  8. To issue such licenses to teachers, principals, directors, school\npsychiatrists, school psychologists, school medical inspectors, school\naurists, school psychiatric social workers, school social case workers,\nresearch assistants, teacher-clerks, school clerks, clerical assistants,\nindustrial or trade helpers in vocational schools, school librarians,\nlaboratory assistants, placement and investigation assistants, financial\nassistants, machine shop assistants, tool boys, and other members of the\nteaching and supervising staff as may be required under the by-laws and\nregulations of the board of education in cities in which such board\nrequires its teachers to hold qualifications in addition to or in\nadvance of or different from, where such qualifications are not provided\nby the commissioner, the minimum qualifications required under this\nchapter. All such licenses issued prior to the first day of December,\nnineteen hundred thirty-four, and all appointments made or hereafter\nmade pursuant to such licenses are hereby authorized and validated\nagainst any statutory provision, omission, or irregularity, provided the\nexamination for such license was conducted by the board of examiners in\naccordance with the by-laws and regulations of the board of education,\nnotwithstanding the invalidity of any such by-laws and regulations. All\nsuch licenses issued by the chancellor prior to the effective date of a\nchapter of the laws of 1990, entitled "AN ACT to amend the education law\nand the administrative code of the city of New York, in relation to\nappointment of teaching service personnel by abolishing the board of\nexaminers in cities having a population of one million or more and to\nrepeal certain provisions of the education law relating thereto" and all\nappointments made or hereafter made pursuant to such licenses are hereby\nauthorized and validated, notwithstanding any provision of statute or\nregulation to the contrary. Nothing in this chapter shall affect the\nrights of persons serving pursuant to appropriate licenses issued prior\nto the effective date of a chapter of the laws of 1990, entitled "AN ACT\nto amend the education law and the administrative code of the city of\nNew York, in relation to appointment of teaching service personnel by\nabolishing the board of examiners in cities having a population of one\nmillion or more and to repeal certain provisions of the education law\nrelating thereto" or require them to obtain certifications or licenses\nnot previously required of them.\n  9. Notwithstanding any inconsistent provision of law, the provisions\nof subdivision six of this section relating to the transfer of teachers\nmay be modified by an agreement that is collectively negotiated pursuant\nto the provisions of article fourteen of the civil service law.\n
N.Y. PBH Law § 2896-F — New York Code / Act PBH / Article 28-D / Title 2 / Section 2896-F
Temporary licenses
Status: in_force

§ 2896-f. Temporary licenses. The board may issue a temporary license\nto practice nursing home administration, under such conditions and\nlimitations as it shall determine, for a single period not to exceed six\nmonths to an applicant of good moral character and suitability, over\ntwenty-one years of age, who meets such other standards as are\nestablished by the board, who has paid an application fee of forty\ndollars and who is designated by the owner, operator or other governing\nauthority to administer a facility during a period when due to\nresignation, death or incapacity or for other reason the position of\nnursing home administrator has been unexpectedly vacated.\n
N.Y. PEN Law § 496.01 — New York Code / Act PEN / Part 4 / Title Y-2 / Article 496 / Section 496.01
Definitions
Status: in_force

§ 496.01 Definitions.\n  For the purposes of this article, "scheme" means any plan, pattern,\ndevice, contrivance, or course of action.\n
N.Y. SOS Law § 153-K — New York Code / Act SOS / Article 5 / Title 2 / Section 153-K
Funding for children and family services
Status: in_force

* § 153-k. Funding for children and family services. 1. (a)\nExpenditures made by social services districts for child protective\nservices, preventive services provided, as applicable, to eligible\nchildren and families of children who are in and out of foster care\nplacement, independent living services, aftercare services, and adoption\nadministration and services other than adoption subsidies provided\npursuant to article six of this chapter and the regulations of the\ndepartment of family assistance shall, if approved by the office of\nchildren and family services, be subject to sixty-five percent state\nreimbursement exclusive of any federal funds made available for such\npurposes, in accordance with the directives of the department of family\nassistance and subject to the approval of the director of the budget.\n  (b) Claims for preventive services and independent living services\nsubmitted by a social services district for reimbursement may be\ncomprised of in-kind, indirect services, and non-tax levy funds,\nincluding but not limited to privately donated funds, up to the same\namount as the social services district's claims for such services during\nfederal fiscal year nineteen hundred ninety-eight--ninety-nine were\ncomprised of in-kind, indirect services and non-tax levy funds;\nprovided, however, that up to seventeen and one-half percent of a social\nservices district's claims for preventive services and independent\nliving services may be comprised of privately donated funds if the\npercentage of its claims comprised of privately donated funds was less\nthan seventeen and one-half percent during federal fiscal year nineteen\nhundred ninety-eight--nineteen hundred ninety-nine. Federal\nreimbursement of such claims shall be available only to the extent\npermitted by federal law or regulations.\n  2.  (a) Notwithstanding the provisions of this chapter or of any other\nlaw to the contrary, eligible expenditures by a social services district\nfor foster care services shall be subject to reimbursement with state\nfunds only to the extent of annual appropriations to the state foster\ncare block grant. Such foster care services shall include expenditures\nfor the provision and administration of: care, maintenance, supervision,\ntuition, and transportation costs related to the education of a foster\nchild or youth incurred in accordance with paragraph c of subdivision\nfour of section thirty-two hundred forty-four of the education law;\nsupervision of foster children placed in federally funded job corps\nprograms; and care, maintenance, supervision and tuition for adjudicated\njuvenile delinquents and persons in need of supervision placed in\nresidential programs operated by authorized agencies and in out-of-state\nresidential programs; except that, notwithstanding any other provision\nof law to the contrary, reimbursement with state funds pursuant to the\nstate foster care block grant shall not be available for tuition\nexpenditures for foster children, including persons in need of\nsupervision and adjudicated juvenile delinquents, made by a social\nservices district located within a city having a population of one\nmillion or more. Social services districts must develop and implement\nchildren and family services delivery systems that are designed to\nreduce the need for and the length of foster care placements and must\ndocument their efforts in the multi-year consolidated services plan and\nthe annual implementation reports submitted pursuant to section\nthirty-four-a of this chapter.\n  (b) State reimbursement to each social services district shall be\nlimited to the district's allocation of the foster care block grant. The\nstate funds appropriated for the foster care block grant shall be\napportioned among the social services districts by the office of\nchildren and family services based on the district's claiming history\nand other factors. Such apportionments shall be subject to the approval\nof the director of the budget.\n  (c) Any portion of a social services district's apportionment from the\nfoster care block grant for a particular state fiscal year that is not\nclaimed by such district during that state fiscal year may be used by\nsuch district for preventive services, independent living services or\naftercare services claimed by such district during the next state fiscal\nyear up to the amount remaining from the district's foster care block\ngrant apportionment; provided, however, that any claims for preventive\nservices, independent living services or aftercare services during the\nnext state fiscal year in excess of such amount shall be subject to\nstate reimbursement pursuant to subdivision one of this section. Any\nclaims submitted by a social services district for reimbursement for a\nparticular state fiscal year for which the social services district does\nnot receive state or federal reimbursement during that state fiscal year\nmay not be claimed against that district's block grant apportionment for\nthe next state fiscal year.\n  3. To the extent that monies are made available to the commissioner of\nthe office of children and family services from the children and family\nservices quality enhancement fund established pursuant to section\nninety-seven-yyy of the state finance law, the office of children and\nfamily services is authorized to conduct activities to increase the\navailability and/or quality of children and family services programs\nwhich may include, but not be limited to, staff recruitment, retention\nand training activities, research projects, and targeted services\nexpansion and/or demonstration projects to test innovative models for\nservice delivery which may include such areas as health, mental health\nand substance abuse services. Notwithstanding sections one hundred\ntwelve and one hundred sixty-three of the state finance law, such\nactivities shall be conducted without competitive bid or request for\nproposal.\n  4. (a) A social services district, either individually or in\ncombination with other social services districts, may establish managed\ncare systems or other systems to provide children and family services\nother than child protective services investigations, in accordance with\napplicable laws and regulations. Such a system may include, but not be\nlimited to, the establishment of capitated rates for service provided to\nchildren to prevent the placement of such children into foster care and\nto discharge such children from foster care to suitable, permanent, safe\nhomes in a more timely manner through preventive services, intensified\ndischarge planning, pre-adoptive services, after-care services and/or\npost-adoption services.\n  (b) Social services district payments to case managers or public or\nprivate service providers under such a system may be based on\nreimbursement rates established by the office of children and family\nservices pursuant to section three hundred ninety-eight-a of this\nchapter, capitated rates or other payment mechanisms for all or a\nportion of the services, either separately or combined. To facilitate\npayments to case managers or providers, the office of children and\nfamily services may establish procedures for standardizing payments to\nmanagers or providers that enter into agreements with more than one\nsocial services district.\n  (c) Under such a system, a social services district may delegate\nresponsibility for case management services to case managers or\nproviders in a manner designed to afford case manager or provider\naccountability through the incorporation of quality control standards\nthat provide appropriate monitoring of these services such as recognized\naccreditation mechanisms, performance audits by the social services\ndistrict or other means.\n  (d) Under such a system, a social services district, in a purchase of\nservice agreement for preventive services with an authorized agency, may\ndelegate to such authorized agency the responsibility for approving and\npaying rent subsidies or assistance under paragraph (c) of subdivision\nfive and/or subdivision seven of section four hundred nine-a of this\nchapter.\n  (e)(i) A social services district must obtain the office's prior\napproval of its plan for establishing and implementing such a system, in\naccordance with guidelines established by the office of children and\nfamily services.\n  (ii) Such a plan may include requests for a waiver of any statutory or\nregulatory requirements established pursuant to sections thirty-four-a,\nfour hundred nine-d and four hundred nine-e of this chapter regarding\nthe form, content, development, or amendment of the child welfare\nservices plan component of the multi-year services plan and the annual\nimplementation reports, family services plans and uniform case records.\n  (iii) Any request by a social services district for a waiver shall\nidentify the specific statute or regulation to be waived, and include a\njustification for the waiver and alternative actions to be taken by the\nsocial services district to satisfy the purposes of the statute or\nregulation. The office of children and family services may grant any\nsuch waiver request, subject to the approval of the director of the\nbudget, where the social services district applying for the waiver\ndemonstrates a reasonable administrative or programmatic justification\nfor the waiver. The potential fiscal impact of the waiver upon federal,\nstate and local governments shall be evaluated by the office of children\nand family services as part of its review of the request for a waiver.\nThe office of children and family services may impose durational and\nother reasonable conditions if an approval of the waiver is granted.\nWhere a waiver is granted, the office of children and family services\nshall have the authority to establish alternative standards to be\nfollowed by social services officials. The office of children and family\nservices may not grant a waiver that would fail to comply with\napplicable federal statutory or regulatory standards. The social\nservices district may not revise local practice or policy unless and\nuntil the office of children and family services approves the waiver.\n  (iv) The office of children and family services shall provide notice\nto the governor and the legislature of each plan that is approved\nincluding a brief description of the plan and any waivers granted and\nany alternative standards established. The office shall provide an\nannual report to the governor and the legislature regarding the\nimplementation of all approved plans during a calendar year by January\nthirty-first of the following year.\n  5. (a) Social services districts shall conduct eligibility\ndeterminations and submit claims for reimbursement in such form and\nmanner and at such times and for such periods as the department of\nfamily assistance shall determine.\n  (b) When certified by the department of family assistance, state\nreimbursement shall be paid from the state treasury upon the audit and\nwarrant of the comptroller out of funds made available therefor.\n  (c) The department of family assistance is authorized in its\ndiscretion to make advances to social services districts in anticipation\nof the state reimbursement provided for in this section.\n  6. (a) Payment of state reimbursement and advances shall be made to\nthe fiscal officer of the social services district entitled thereto\npursuant to the provisions of this chapter.\n  (b) Any inconsistent provision of the law or regulation of the\ndepartment of family assistance notwithstanding, state reimbursement\nshall not be made for any expenditure made for the duplication of any\ngrant or allowance for any period.\n  7. The office of children and family services shall not reimburse any\nclaims for expenditures for those children and family services set forth\nin subdivisions one and two of this section that are submitted more than\ntwenty-two months after the calendar quarter in which the expenditures\nwere made.\n  8. Claims submitted by a social services district for reimbursement\nshall be paid after deducting any expenditures defrayed by fees, third\nparty reimbursement, and any non-tax levy funds including donated funds\nthat exceed the amount that may be claimed for state and federal\nreimbursement pursuant to paragraph (b) of subdivision one of this\nsection.\n  9. Notwithstanding any other provision of law, the state shall not be\nresponsible for reimbursing a social services district and a district\nshall not seek state reimbursement for any portion of any state\ndisallowance or sanction taken against the social services district, or\nany federal disallowance attributable to final federal agency decisions\nor to settlements made, on or after July first, nineteen hundred\nninety-five, when such disallowance or sanction results from the failure\nof the social services district to comply with federal or state\nrequirements, including, but not limited to, failure to document\neligibility for the federal or state funds in the case record; provided,\nhowever, if the office of children and family services determines that\nany federal disallowance for services provided between January first,\nnineteen hundred ninety-nine and May thirty-first, nineteen hundred\nninety-nine results solely from the late enactment of the state\nlegislation implementing the federal adoption and safe families act, the\nstate shall be solely responsible for the full amount of the\ndisallowance or sanction. This provision shall be deemed to apply both\nprospectively and retroactively regardless of whether the disallowance\nor sanction is for services provided or claims made prior to or after\nApril first, two thousand two.\n  10. (i) In accordance with regulations developed by the office of\nchildren and family services, the office shall measure each district's\ncompliance with the federal child welfare outcome standards beginning no\nlater than twenty months after the effective date of this section. The\noffice is authorized to impose fiscal penalties against a social\nservices district that fails to substantially comply with the outcome\nstandards or to make sufficient progress towards complying with the\noutcome standards after developing and implementing a corrective action\nplan in the time and manner approved by the office. The imposition of a\nfiscal penalty shall be subject to an appeal process set forth in\nregulation. Any fiscal penalties received by the office of children and\nfamily services pursuant to this subdivision shall be deposited to the\ncredit of the children and family services quality enhancement fund\nestablished pursuant to section ninety-seven-yyy of the state finance\nlaw. For social services districts in counties with less than fifteen\nthousand children under the age of eighteen, the office may waive the\nfiscal penalties and the need for a corrective action plan if the\nfailure to substantially comply with the outcome standards was based on\nextraordinary circumstances. The office may provide fiscal incentives to\nsocial services districts with high performances on the federal child\nwelfare outcome standards. A social services district may pass on to its\ncontract agencies some portion of the fiscal penalties or fiscal\nincentives that may be attributable to such agencies.\n  (ii) The office shall provide an annual report to the governor and the\nlegislature detailing: each county's performance on the outcome\nstandards, the amount of fiscal penalties imposed against each county,\nand the amount of fiscal penalties collected from each county. Said\nreport shall be delivered to the director of the budget, the chair of\nthe senate finance committee and the chair of the assembly ways and\nmeans committee annually on a calendar year basis, by March fifteenth of\nthe following year.\n  11. The office of children and family services shall submit a\npreliminary report to the governor and the legislature on or before the\nthirty-first day of December, two thousand four providing preliminary\ndata and information on the implementation of this section, and shall\nsubmit a final report by the fifteenth day of August, two thousand five\nassessing the implementation of and the outcomes resulting from the\nchildren and family services financing provisions established by this\nsection through the thirtieth day of June, two thousand five. The final\nreport shall include information regarding services delivery trends\nunder the financing structure set forth in this section and innovative\nmodels of service provision to be considered for replication.\n  12. Notwithstanding any law to the contrary, on or after January\nfirst, two thousand twenty, the state shall not reimburse for the cost\nof any placement of persons in need of supervision under article seven\nof the family court act.\n  * NB Repealed June 30, 2027\n
N.Y. RPT Law § 489-L — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-L
State equalization rate
Status: in_force

§ 489-l. State equalization rate. 1. In determining railroad ceilings,\nthe commissioner shall apply the latest state equalization rate for the\nassessing unit, except that, if a special equalization rate has been\nestablished as provided in subdivision two of this section, such rate\nshall be applied. For the purposes of this title, the equalization rate\nto be applied in computing railroad ceilings in the city of New York\nshall be computed by the commissioner on a city-wide basis, giving\nappropriate weight to the latest state equalization rates or special\nequalization rates of the five counties within such city.\n  2. The commissioner shall establish a special equalization rate for\nthe purposes of this section where there has been a change in level of\nassessment on the assessment roll for which a railroad ceiling is to be\ndetermined, subject to the provisions of title two of article twelve of\nthis chapter, or the state equalization rate that would otherwise be\napplied reflects the level of assessment on the property subject to the\nrailroad ceiling or where a final state equalization rate has not been\nestablished for the assessment roll of the preceding year.\n
N.Y. LAB Law § 255 — New York Code / Act LAB / Article 11 / Title 2 / Section 255
Elevators and hoistways
Status: in_force

§ 255. Elevators and hoistways.  Every elevator used in connection\nwith a factory, the elevator opening and the machinery connected\ntherewith, and every hoistway, hatchway and well-hole shall be so\nconstructed, guarded, equipped, maintained and operated as to be safe\nfor all persons. The board shall adopt rules to carry into effect the\nprovisions of this section.\n
N.Y. LAB Law § 414 — New York Code / Act LAB / Article 15 / Title 2 / Section 414
Ways around shafts
Status: in_force

§ 414. Ways around shafts. At necessary points traveling ways shall be\ncut out around the sides and bottom of each mine shaft to afford passage\nfrom side to side without crossing the shaft under or above the cage or\nhoist. Each such traveling way shall be at least five feet high and\nthree feet wide.\n
N.Y. RPT Law § 459-B — New York Code / Act RPT / Article 4 / Title 2 / Section 459-B
Physically disabled crime victims
Status: in_force

§ 459-b. Physically disabled crime victims. 1. Where the resident\nowner of real property used solely for residential purposes as a one,\ntwo or three family residence, a member of a resident owner's household\nor a resident of such property is a victim of a crime as defined in\nsubdivision five or good samaritan as defined in subdivision seven of\nsection six hundred twenty-one of the executive law and was physically\ndisabled as a result of such crime, any improvement to real property\nshall be exempt from taxation to the extent of any increase in value\nattributable to such improvement if such improvement is used primarily\nfor the purpose of facilitating and accommodating the use and\naccessibility of such real property.\n  2. To qualify as a physically disabled crime victim or good samaritan\nfor the purposes of this section, an individual shall submit to the\nassessor a certified statement from a physician licensed to practice in\nthe state of New York on a form prescribed and made available by the\ncommissioner which states that the individual has a permanent physical\nimpairment which substantially limits one or more of such individual's\nmajor life activities, except that an individual who has obtained a\ncertificate from the state commission for the blind stating that such\nindividual is legally blind may submit such certificate in lieu of a\nphysician's certified statement. In addition, a copy of a police report\npertaining to the crime from which the injury resulted, a report from\nthe office of victim services or other evidence or documentation which\nwould tend to substantiate that a physical disability was inflicted upon\nan individual as the result of a crime shall also be submitted to the\nassessor.\n  3. Such exemption shall be granted only upon application by the owner\nor all the owners of the real property on a form prescribed and made\navailable by the commissioner. The applicant shall furnish such\ninformation as the commissioner shall require. The application shall be\nfiled together with the appropriate certified statement of physical\ndisability or certificate of blindness and police report, crime victim's\nboard report or other substantiating documentation with the assessor of\nthe appropriate county, city, town or village on or before the taxable\nstatus date of such county, city, town or village.\n  3-a. Notwithstanding the provisions of this section or any other\nprovision of law, in a city having a population of one million or more,\napplications for the exemption authorized pursuant to this section shall\nbe considered timely filed if they are filed on or before the fifteenth\nday of March of the appropriate year.\n  4. If the assessor is satisfied that the improvement is necessary to\nfacilitate and accommodate the use and accessibility by a resident crime\nvictim or good samaritan who is physically disabled and that the\napplicant is entitled to an exemption pursuant to this section, the\nassessor shall approve the application and enter the taxable assessed\nvalue of the parcel for which an exemption has been granted pursuant to\nthis section on the assessment roll with the taxable property, with the\namount of the exemption as determined pursuant to subdivision one of\nthis section in a separate column. Once granted, the exemption shall\ncontinue on the real property until the improvement ceases to be\nnecessary to facilitate and accommodate the use and accessibility of the\nproperty by the resident crime victim or good samaritan who is\nphysically disabled.\n
N.Y. RPT Law § 466-D*2 — New York Code / Act RPT / Article 4 / Title 2 / Section 466-D*2
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

* § 466-d. Volunteer firefighters and volunteer ambulance workers;\ncertain county. 1. Real property owned by an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvolunteer ambulance service or such enrolled member and spouse residing\nin any county having a population of more than forty-four thousand one\nhundred inhabitants but less than forty-four thousand six hundred\ninhabitants, determined in accordance with the latest decennial federal\ncensus, shall be exempt from taxation to the extent of ten percent of\nthe assessed value of such property for city, village, town, part town,\nschool district, special district or county purposes, exclusive of\nspecial assessments, provided that the governing body of a city,\nvillage, town, school district, or county, after a public hearing,\nadopts a local law, ordinance, or resolution providing therefor;\nprovided further, however, that such exemption shall in no event exceed\nthree thousand dollars multiplied by the latest state equalization rate\nfor the assessing unit in which real property is located.\n  2. Such exemption shall not be granted to an enrolled member of an\nincorporated volunteer fire company, fire department or incorporated\nvolunteer ambulance service residing in such county unless:\n  (a) the applicant resides in the city, town or village which is served\nby such incorporated volunteer fire company or fire department or\nincorporated voluntary ambulance service;\n  (b) the property is the primary residence of the applicant;\n  (c) the property is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nused exclusively for the applicant's residence but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection; and\n  (d) the applicant has been certified by the authority having\njurisdiction for the incorporated volunteer fire company or fire\ndepartment as an enrolled member of such incorporated volunteer fire\ncompany or fire department for at least five years or the applicant has\nbeen certified by the authority having jurisdiction for the incorporated\nvoluntary ambulance service as an enrolled member of such incorporated\nvoluntary ambulance service for at least five years. It shall be the\nduty and responsibility of the municipality which adopts a local law,\nordinance or resolution pursuant to this section to determine the\nprocedure for certification.\n  3. Any enrolled member of an incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service who accrues more\nthan twenty years of active service and is so certified by the authority\nhaving jurisdiction for the incorporated volunteer fire company, fire\ndepartment or incorporated voluntary ambulance service, shall be granted\nthe ten percent exemption as authorized by this section for the\nremainder of his or her life as long as his or her primary residence is\nlocated within such county provided that the governing body of a city,\nvillage, town, school district, or county, after a public hearing,\nadopts a local law, ordinance or resolution providing therefor.\n  4. Application for such exemption shall be filed with the assessor or\nother agency, department or office designated by the municipality\noffering such exemption on or before the taxable status date on a form\nas prescribed by the commissioner.\n  5. No applicant who is a volunteer firefighter or volunteer ambulance\nworker who by reason of such status is receiving any benefit under the\nprovisions of this article on the effective date of this section shall\nsuffer any diminution of such benefit because of the provisions of this\nsection.\n  * NB There are 4 § 466-d's\n  * NB Repealed December 9, 2028\n
N.Y. MDW Law § 248 — New York Code / Act MDW / Article 7 / Title 2-A / Section 248
Single room occupancy
Status: in_force

§ 248. Single room occupancy. 1. It shall be unlawful to occupy any\nframe multiple dwelling for single room occupancy. It shall be unlawful\nto occupy any other existing class A dwelling or part thereof as a\nrooming house or furnished room house or for single room occupancy\nunless such dwelling or part shall conform to the provisions of this\nsection and to such other provisions of this chapter as were applicable\nto such dwelling before such conversion. This section shall not be\nconstrued to prohibit the letting by a family of one or more rooms\nwithin their apartment to not more than a total of four boarders,\nroomers or lodgers provided, however, that every room in such apartment\nshall have free and unobstructed access to each required exit from such\napartment as required by the provisions of paragraphs a, b and c of\nsubdivision four of this section. A dwelling occupied pursuant to this\nsection shall be deemed a class A dwelling and dwelling units occupied\npursuant to this section shall be occupied for permanent residence\npurposes, as defined in paragraph a of subdivision eight of section four\nof this chapter.\n  2. Any such dwelling may be so occupied without increasing the number\nof stairs.\n  3. The number of rooms shall not be increased nor shall the light or\nventilation of any room be impaired.\n  4. a. No room in any apartment shall be so occupied unless each room\ntherein shall have free and unobstructed access to each required means\nof egress from the dwelling without passing through any sleeping room,\nbathroom or water-closet compartment.\n  b. There shall be access to a second means of egress within the\napartment without passing through any public stair or public hall. On\nand after July first, nineteen hundred fifty-seven every tenement used\nor occupied for single room occupancy in whole or in part under the\nprovisions of this section and which does not have at least two means of\negress accessible to each apartment and extending from the ground story\nto the roof, shall be provided with at least two means of egress, or, in\nlieu of such egress, every stair hall or public hall, and every hall or\npassage within an apartment, shall be equipped on each story with one or\nmore automatic sprinkler heads approved by the department. Elevator\nshafts in such tenements shall be completely enclosed with fireproof or\nother incombustible material and the doors to such shafts shall be\nfireproof or shall be covered on all sides with incombustible material.\n  c. Where access to a required means of egress is provided through a\nroom, such access to such room shall be through a clear opening at least\nthirty inches wide extending from floor to ceiling and such opening\nshall not be equipped with any door or door frame, or with any device by\nmeans of which the opening may be closed, concealed or obstructed.\n  d. All doors which open to any public hall or required stair hall and\nthe door assemblies shall be fireproof with the doors self-closing.\n  e. All doors opening from any room to any hall or passage within an\napartment shall be self-closing and all transoms within an apartment\nshall be permanently closed. All plain glass shall be removed from such\ndoors and transoms and replaced with wire glass, wood or other\nnon-shatterable material satisfactory to the department.\n  f. Directly over the opening to every required means of egress within\nan apartment, there shall be a sign of a type approved by the department\nmarked "Fire Exit" and lighted in red at all times to indicate clearly\nthe location of the means of egress, and on the walls of any hall or\npassage within the apartment leading to such means of egress there shall\nbe maintained at all times arrows to indicate clearly the direction and\nlocation of the fire exit.\n  g. Every hall or passage within an apartment shall be unobstructed and\nwell lighted at all times with a minimum of one foot-candle of light.\n  h. All wood wainscoting except a flat base not exceeding ten inches in\nheight shall be removed from every hall or passage within an apartment.\n  5. In every such dwelling which is not fireproof every hall or passage\nwithin an apartment shall be equipped with a sprinkler system, which\nshall be extended so as to have at least one sprinkler head in every\nroom. The construction and arrangement of such sprinkler system shall\ncomply with the requirements of the department.\n  6. There shall be provided in each such dwelling an adequate and\nreliable fire alarm system, approved by the fire commissioner by means\nof which alarms of fire or other danger may be instantly communicated to\nevery portion of the dwelling. Where, throughout the dwelling, a\nclosed-circuit, automatic thermostatic fire-detecting system is\ninstalled which actuates an interior fire alarm system, or where,\nthroughout the dwelling, an approved-type automatic sprinkler system is\ninstalled which actuates an interior fire alarm system by the flow of\nwater through such sprinkler system, a watchman need not be provided as\nrequired in subdivision fifteen of this section.\n  7. There shall be a fire-retarded bulkhead in the roof connecting\ndirectly with the highest portion of any stairway to the roof, which\nbulkhead shall contain a fireproof door and assembly with the door\nself-closing. The stairs leading to such bulkhead shall be fireproof or\nfire-retarded as required for public stairways in the other parts of\nsuch dwelling.\n  8. a. Every wash basin, bath, shower, sink and laundry tub shall be\nprovided with an adequate supply of hot and cold water.\n  b. When the number of occupants of such a dwelling is eleven or more,\nthere shall be provided for them in such dwelling at least one laundry\ntub and facilities for drying clothes.\n  9. Cooking shall be permitted only in kitchens and cooking spaces\ncomplying with the provisions of section thirty-three. Any gas fixture\nin such spaces shall be connected with permanent, rigid piping. The use\nof any movable cooking apparatus in any sleeping room is unlawful.\n  10. a. There shall be a central heating system adequate to heat every\nsleeping room in a dwelling to the temperature requirements prescribed\nby subdivision one of section seventy-nine of this chapter.\n  b. The use of any movable heating apparatus in any sleeping room is\nunlawful.\n  c. Every boiler room shall be constructed in accordance with the\nprovisions of section sixty-five and shall be adequately ventilated.\n  11. a. No room may be occupied for sleeping purposes unless it has a\nwindow or windows with an aggregate glazed area of at least ten per\ncentum of the total floor area of such room. Each such window shall be\nat least twelve feet in area and so constructed that at least half of\nits area may be opened.\n  b. Any room on a top story may be lighted and ventilated by a skylight\nof the same area as required for windows and arranged to provide an\nopening of at least six square feet for ventilation.\n  c. In every sleeping room, except a room on the top story so lighted\nand ventilated, there shall be at least one window meeting the\nrequirements of section two hundred thirteen, except as otherwise\nspecified in this subdivision, opening upon a street or upon a yard,\ncourt or shaft meeting the requirements of section two hundred twelve,\nbut in no case shall such a court or shaft be less than twenty-eight\ninches in width.\n  d. Every room shall be adequately lighted by electricity. The use of\ngas or any other type of open flame lighting is unlawful.\n  12. No room may be occupied for sleeping purposes by more than two\nadults considering children of twelve years or more as adults and two\nchildren between the ages of two and eleven years inclusive as the\nequivalent of one adult. Children under two years of age need not be\nconsidered as occupants.\n  13. Every room rented for single room occupancy and all furniture and\nbedding therein shall be thoroughly cleansed before occupancy and every\nsleeping room at least once a week thereafter. When bed linens are\nprovided they shall be changed at least once every week. When the rent\nincludes the use of towels, at least one bath towel and two hand towels\nshall be provided every week for each occupant. Such cleansing and\nservice shall be the exclusive obligation of the person from whom the\noccupant rents such room.\n  14. Except as provided in subdivision thirteen, the owner shall\nmaintain the dwelling in conformity with section eighty relating to\ncleanliness.\n  15. There shall be a competent manager living on the premises, who\nshall be responsible for the conduct, operation and maintenance of the\ndwelling, and, except as provided in subdivision six of this section,\nthere shall also be on the premises at all times a competent watchman in\ncharge of the dwelling.\n  17. In each such dwelling a register shall be kept, which shall show\nthe name, signature, residence, date of arrival and date of departure of\neach occupant and the room occupied by him.\n
N.Y. RPT Law § 485-N — New York Code / Act RPT / Article 4 / Title 2 / Section 485-N
Residential-commercial exemption program
Status: in_force

* § 485-n. Residential-commercial exemption program. 1. Definitions.\nAs used in this section, the following terms shall have the following\nmeanings:\n  (a) "Applicant" means any person obligated to pay real property taxes\non real property for which an exemption from taxes under this section is\nsought.\n  (b) "Benefit area" means the area within a municipality, designated by\nlocal law, to which an exemption, established pursuant to this section,\napplies.\n  (c) "Commercial construction work" means the modernization,\nrehabilitation, expansion or other improvement of commercial use\nproperty or the portion of mixed-use property to be used for commercial\npurposes.\n  (d) "Commercial purpose or use" means the buying, selling or otherwise\nproviding of goods or services, including hotel services, or other\nlawful business or commercial activities permitted upon mixed-use\nproperty.\n  (e) "Commercial use property" means real property on which will exist,\nafter completion of commercial construction work, a building used for\ncommercial purposes or use.\n  (f) "Mixed-use property" means real property on which will exist,\nafter completion of residential construction work or a combination of\nresidential construction work and commercial construction work, a\nbuilding or structure used for both residential and commercial purposes.\n  (g) "Municipality" means any town, city, village or other taxing\nentity located in a county having a population of not less than\nsixty-five thousand three hundred ninety and not more than sixty-five\nthousand four hundred as determined by the federal decennial census for\nthe year two thousand ten or in a county having a population of not less\nthan ninety-eight thousand nine hundred and not more than ninety-nine\nthousand as determined by the federal decennial census for the year two\nthousand ten.\n  (h) "Residential construction work" means the creation, modernization,\nrehabilitation, expansion or other improvement of dwelling units, other\nthan dwelling units in a hotel, in the portion of mixed-use property to\nbe used for residential purposes.\n  2. (a) A municipality, other than a county or school district as\nprovided in this section, may, by local law, provide for the exemption\nof real property in a designated benefit area from taxation as provided\nin this section. Subsequent to the adoption of such a local law, the\ncounty in which such municipality is located may, by local law, and any\nschool district, all or part of which is located in such municipality,\nmay, by resolution, exempt such property from its taxation in the same\nmanner and to the same extent as such municipality has done.\n  (b) Such local law shall provide for the appointment of a\ncommercial/mixed use incentive board which shall be responsible for\ndesignating the benefit area to be exempt from taxation as provided in\nthis section. The membership and composition of such board shall be set\nforth in local law. Such board shall present a plan to the local\ngoverning body concerning the various types of commercial and/or\nmixed-use properties which may be granted an exemption pursuant to this\nsection. In addition such plan shall identify designated benefit areas,\nwithin which such exemption may be offered. In developing such plan the\ncommercial/mixed use incentive board shall consider the planning\nobjectives of the municipality and the necessity of the exemption to the\nattraction of commercial and mixed use development as identified by the\nmunicipality and the economic benefit to the area of providing\nexemptions to commercial and mixed-use properties. In instances where a\nmunicipality has previously designed a business district encompassing a\ndefined area which was subject to public input and was approved by and\nreceived funding for economic development purposes from a state agency,\nthe municipality may utilize the defined boundaries of such previously\ndefined area, or a combination of such boundaries subject to review by\nthe commercial/mixed-use incentive board.\n  3. Upon the adoption of such a local law the commercial use property\nor mixed-use property that was converted, created, modernized,\nrehabilitated, expanded or otherwise improved, shall be exempt from\ntaxation and special ad valorem levies as provided for in subdivision\nfour of this section.\n  4. (a) (i) For a period of twelve years following the approval of an\napplication, the increase in assessed value of such property\nattributable to such conversion, creation, modernization,\nrehabilitation, expansion or other improvement shall be exempt as\nprovided in subparagraph (ii) of this paragraph. Such exemption shall be\ncomputed with respect to the "exemption base". The exemption base shall\nbe determined for each year in which there is an increase in assessed\nvalue so attributable from that of the previous year's assessed value.\n  (ii) The following shall determine the computation of the tax\nexemption:\nYear of exemption   Percentage of exemption\n   1 through 8      100% of exemption base\n   9                80% of exemption base\n   10               60% of exemption base\n   11               40% of exemption base\n   12               20% of exemption base\n  (b) No such exemption shall be granted unless:\n  (i) such conversion, creation, modernization, rehabilitation,\nexpansion or other improvement was commenced subsequent to the date on\nwhich the municipality's local law took effect; and\n  (ii) the cost of such conversion exceeds the sum of ten thousand\ndollars or such greater amount as may be specified by local law.\n  (c) For purposes of this section the term "conversion, creation,\nmodernization, rehabilitation, expansion or other improvement" shall not\ninclude ordinary maintenance and repairs.\n  (d) No such exemption shall be granted concurrent with or subsequent\nto any other real property tax exemption granted to the same\nimprovements to real property, except, where during the period of such\nprevious exemption, payments in lieu of taxes or other payments were\nmade to the municipality in an amount that would have been equal to or\ngreater than the amount of real property taxes that would have been paid\non such improvements had such property been granted an exemption\npursuant to this section. In such case, an exemption shall be granted\nfor a number of years equal to the twelve year exemption granted\npursuant to this section less the number of years the property would\nhave been previously exempt from real property taxes.\n  5. Such exemption shall be granted only upon application by the owner\nof real property on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of the municipality or\ncounty having the power to assess property for taxation on or before the\nappropriate taxable status date of such municipality or county.\n  6. If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and such real property shall thereafter be exempt from\ntaxation and special ad valorem levies as provided in this section\ncommencing with the assessment roll prepared after the taxable status\ndate referred to in subdivision five of this section.  The assessed\nvalue of any exemption granted pursuant to this section shall be entered\nby the assessor on the assessment roll with the taxable property, with\nthe amount of the exemption shown in a separate column.\n  * NB Repealed September 23, 2027\n
N.Y. GMU Law § 922 — New York Code / Act GMU / Article 18-A / Title 2 / Section 922
Nassau county industrial development agency
Status: in_force

* § 922. Nassau county industrial development agency. 1. For the\nbenefit of the county of Nassau and the inhabitants thereof, an\nindustrial development agency, to be known as the Nassau county\nindustrial development agency, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the county of Nassau, and such agency\nshall take into consideration the local zoning and planning regulations\nas well as the regional and local comprehensive land use plans. It shall\nbe organized in a manner prescribed by and be subject to the provisions\nof title one of article eighteen-A of this chapter. Its members shall be\nappointed by the county executive subject to confirmation by the board\nof supervisors of Nassau county, and all of the agency's accounts,\ncontracts, books and records shall be subject to audit by the county\ncomptroller pursuant to section five hundred seventy-seven of the county\nlaw. The agency, its members, officers and employees and its operations\nand activities shall in all respects be governed by the provisions of\ntitle one of article eighteen-A of this chapter.\n  2. Prior to the approval of any application for a payment in lieu of\ntaxes (hereinafter referred to in this section as "PILOT") agreement by\nthe agency for a project located in the village of Freeport or the\nvillage of Hempstead, the chief executive officer of the affected\nvillage shall be consulted. The agency shall also consult with the\nvillage governing body prior to any PILOT agreement being approved by\nthe agency for a project located in the village of Freeport or the\nvillage of Hempstead. In addition, the agency shall obtain an impact\nanalysis to determine the impact on the village of the project and the\nplanned PILOT agreement. The applicant for such PILOT agreement shall\nbear the costs related to the required impact analysis. The agency and\nthe village governing body shall jointly select a qualified entity to\nconduct the impact analysis. The membership of the agency, when\nreviewing applications and approving PILOT agreements for projects\nlocated in the village of Freeport or the village of Hempstead, shall\ninclude at least one member of such village's governing body and at\nleast three at large members drawn from a cross section of the village\ncommunity.\n  3. The agency shall review any PILOT agreement for a project located\nin the village of Freeport or the village of Hempstead after the third\nyear of entering into such PILOT agreement, and every third year\nthereafter, and adjust the PILOT agreement accordingly based on changes\nto the assessed value and tax rate of all other real properties located\nin such villages.\n  4. A PILOT agreement for a project located in the village of Freeport\nor the village of Hempstead shall not be renewed or renegotiated until a\nfull audit has been completed of the accounts of the party obligated to\nmake payments in lieu of taxes pursuant to the PILOT agreement with the\nagency. The agency and the village governing body shall jointly choose a\nqualified entity to conduct such audit. The party that is obligated to\nmake payments in lieu of taxes pursuant to the PILOT agreement with the\nagency shall bear the costs of preparing such audit. The village of\nFreeport or the village of Hempstead may request from the office of the\nstate comptroller an audit or review of the audit prior to the renewal\nor renegotiation of a PILOT agreement for a project located in the\nvillage of Freeport or the village of Hempstead.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. EXC Law § 616 — New York Code / Act EXC / Article 21-B / Title 2 / Section 616
Manufactured homes as single-family dwellings in residential districts
Status: in_force

§ 616. Manufactured homes as single-family dwellings in residential\ndistricts. A manufactured home that is affixed to a permanent foundation\nand conforms with the identical development specification and standards,\nincluding general aesthetic and architectural standards, applicable to\nconventional, site-built single-family dwellings in the residential\ndistrict in which the manufactured home is to be sited, shall be deemed\nto be a conforming single family dwelling for purposes of the applicable\nlocal zoning law or ordinance.\n
N.Y. SOS Law § 45-A — New York Code / Act SOS / Article 2-A / Title 2 / Section 45-A
Single room occupancy support services program
Status: in_force

§ 45-a.  Single room occupancy support services program.  There is\nhereby established under the administration of the commissioner a single\nroom occupancy support services program, to provide financial\nassistance, subject to limitations stated in appropriations therefor, in\nthe form of grants, to eligible applicants for eligible costs of\nservices to assist eligible residents of single room occupancy units to\nlive independently.  The commissioner, subject to the approval of the\ndirector of the budget and within amounts appropriated therefor, shall\nrequest proposals from local social services districts for funds to\nsupport grants made pursuant to this title.  Copies of such requests for\nproposals shall be simultaneously distributed to eligible applicants\nknown to the commissioner and the availability of such proposals shall\nbe publicized by the department. Local social services districts will be\nchosen competitively based upon such proposals for funding. Criteria to\nbe used by the commissioner in awarding funding among local social\nservices districts shall include but not be limited to the anticipated\nneed for single room occupancy units within each district; the ability\nof the local social services district to properly supervise the single\nroom occupancy support services program; and the appropriateness of the\nsupport services for the population to be served.\n
N.Y. RSS Law § 16-C — New York Code / Act RSS / Article 2 / Title 2 / Section 16-C
Amortization of a portion of the state's contribution bill for fiscal year ending March thirty-first, two thousand five
Status: in_force

§ 16-c. Amortization of a portion of the state's contribution bill for\nfiscal year ending March thirty-first, two thousand five. a. If the\ncomptroller, in his or her discretion, decides to permit amortization of\nemployer contributions, then, on or before October fifteenth, two\nthousand three on the basis of the annual actuarial valuation provided\nfor in this chapter, the comptroller shall determine the amount\n(exclusive of payments for group term life insurance, deficiency\npayments, adjustments relating to prior fiscal years' obligations and\nobligations pertaining to retirement incentives or any other obligations\nthat the state is permitted to pay on an amortized basis) required to be\npaid pursuant to section twenty-three-a of this article for the fiscal\nyear ending March thirty-first, two thousand five. The amount by which\nthe contribution amount with respect to the fiscal year ending March\nthirty-first, two thousand five exceeds seven percent of the estimated\npensionable salary base for fiscal year ending March thirty-first, two\nthousand five shall be the "amount eligible for amortization." The\n"amount eligible for amortization" may be amortized over a ten-year\nperiod at eight percent interest per annum with the first of ten equal\npayments payable during fiscal year ending March thirty-first, two\nthousand six, provided, however, that on or before September first, two\nthousand four, the comptroller, in his or her discretion, may establish\na fixed rate of interest per annum to be applied to the amounts eligible\nfor amortization of all employers, which more closely approximates a\nmarket rate of return on taxable fixed rate securities with similar\nterms issued by comparable issuers.\n  b. The state may, in lieu of paying its bill for fiscal year ending\nMarch thirty-first, two thousand five, pay a lesser amount during fiscal\nyear ending March thirty-first, two thousand five which shall be the\nentire bill for the fiscal year ending on March thirty-first, two\nthousand five, calculated pursuant to section twenty-three-a of this\narticle (without reference to this section) less the "amount eligible\nfor amortization".\n  b-1. If the state makes the payment provided for in subdivision b of\nthis section, the state shall pay during the fiscal year ending March\nthirty-first, two thousand six an amount determined by the comptroller\nby adding the following two amounts together:\n  (1) the state's entire bill for the fiscal year ending March\nthirty-first, two thousand six, calculated pursuant to section\ntwenty-three-a of this article (without reference to this section), less\nthe "amount eligible for amortization" determined pursuant to section\nsixteen-d of this article, if applicable; and\n  (2) the first annual installment of the "amount eligible for\namortization" determined pursuant to this section.\n  c. The remaining amortized payments shall be due and payable each\nsubsequent fiscal year during the amortization period. The comptroller\nshall have the authority to permit the pre-payment of the remaining\nbalance of the "amount eligible for amortization," subject to the\nfollowing:\n  (1) on or before August first, two thousand four, in addition to\nadvising with respect to the amount due for the current year billing,\nthe comptroller shall advise the state of the total amount due and be\nauthorized to accept pre-payment in full of said amount for fiscal year\nending March thirty-first, two thousand five.\n  (2) on or before each subsequent August first during the amortization\nperiod, in addition to the amount due for the current year billing and\nfor the payment of the annual amortized installment, the comptroller\nshall advise the state of the total amount still outstanding and be\nauthorized to accept the pre-payment of any balance remaining to be paid\nfor that fiscal year.\n
N.Y. RPT Law § 467-I — New York Code / Act RPT / Article 4 / Title 2 / Section 467-I
Real property tax abatement
Status: in_force

§ 467-i. Real property tax abatement. An eligible building shall\nreceive an abatement of real property taxes as provided in this section\nand the rules promulgated hereunder.\n  1. The amount of such tax abatement shall be determined pursuant to\nregulations promulgated by the commissioner of the state department of\ntaxation and finance. The value of such tax abatement shall be\ndetermined based upon a formula to be established by the commissioner of\nthe state department of taxation and finance that shall reflect the\nvalue of the major capital improvement, the economic loss imposed upon a\nbuilding owner as a result of changes to the amortization period\nauthorized for major capital improvements pursuant to this title and\nsuch other factors as the commissioner may establish, including\nappropriate discount rates and time periods.\n  2. Such tax abatement shall commence on July first following the\napproval of an application for tax abatement by the department of\nfinance on a form prescribed thereby providing the amount of the major\ncapital improvement approved by the division and the amount of units in\nthe eligible building.\n  3. Such abatement may not be carried over to any subsequent tax year\nand shall not reduce or be offset by any other tax benefit provided,\napproved or calculated by the city or the state.\n  4. "Eligible building" shall mean for the purposes of this section a\nclass two building located in a city of a million or more which is\nsubject to either the emergency housing rent control law or to the rent\nand rehabilitation law of the city of New York enacted pursuant to the\nemergency housing rent control law or to the emergency tenant protection\nact of nineteen seventy-four.\n  5. With respect to administration of the tax abatement program\nauthorized in this section, no local agency shall consider or adopt any\neligibility criteria that are different than those promulgated by the\nstate department of taxation and finance.\n
N.Y. EDN Law § 1526 — New York Code / Act EDN / Title 2 / Article 31 / Section 1526
Enlarged city school districts
Status: in_force

§ 1526. Enlarged city school districts.  1. The commissioner of\neducation is hereby authorized and empowered to create enlarged city\nschool districts by consolidation of city school districts of cities of\nless than one hundred twenty-five thousand inhabitants with such area or\nareas contiguous to such city school districts as, in his discretion,\nare suitable for the establishment of enlarged city school systems, and\nto fix, determine and define the boundaries of such enlarged districts\nas provided in this section.\n  2. The commissioner is hereby authorized and empowered to make and\nenter in his office orders laying out such area or areas contiguous to a\ncity school district of a city of less than one hundred twenty-five\nthousand inhabitants, provided, however, that no school district which\nhas an outstanding bonded indebtedness shall be divided by such order in\nsuch manner that only a part of such district is included in such an\narea.\n  3. Within ten days after the making and entry of an order pursuant to\nthis section, the commissioner shall transmit a certified copy thereof\nto the board of education of the city school district and the clerk, or\nin the event there is no clerk, to the trustee or trustees of each\nschool district wholly or partly included in such area or areas. Such\nclerk, trustee or trustees, as the case may be, shall, within five days\nafter receipt of such order, post a copy thereof in five conspicuous\nplaces in such district.\n  4. No such area or areas laid out by order of the commissioner shall\nbe consolidated with such city school district until a majority of the\nqualified voters of such area or areas have adopted a proposition to\nconsolidate such area or areas with the city school district, as\nprovided in this section, and until the board of education of the city\nschool district has consented to such consolidation by resolution duly\nadopted and has transmitted a certified copy of such resolution to the\ncommissioner.\n  5. When the order laying out such area or areas has been made and\nentered as provided in this section, a petition may be presented by\npersons qualified to vote at school meetings, asking for the\nestablishment of an enlarged city school district by the consolidation\nof such area or areas with the city school district. Such petition shall\nbe signed by a number of qualified voters equal to at least ten per\ncentum of the children in the area or areas according to the latest\nschool census for the area or areas laid out by the commissioner. Such\npetition shall be filed with the commissioner and shall request that an\nelection of the qualified voters within such area or areas be called for\nthe purpose of determining whether or not such area or areas shall be\nconsolidated with the city school district. If the commissioner is\nsatisfied that the petition has been duly signed as provided in this\nsection, he shall fix a time and place or places for an election of the\nqualified voters within each such area, which election shall be held not\nmore than thirty days after the filing of such petition.\n  6. The commissioner of education shall divide the area into a school\nelection district or districts. The area shall be so divided that if\ncircumstances will permit, the school election district will be\ncoterminous with one or more school districts, or parts or combinations\nthereof, and that, if practicable, there shall be a schoolhouse in each\nschool election district. The commissioner shall describe each of such\nelection districts. If there is no public schoolhouse in a school\nelection district, the commissioner shall designate the place where the\nelection in such district shall be had.\n  7. The commissioner shall cause notice of such election to be posted\nat least ten days before the election in three conspicuous places in\neach school district wholly or partly within such area.  In addition to\nthe posting of such notice a copy thereof shall be published at least\nseven days before the election in a daily or weekly newspaper published\nwithin the area or in a newspaper having general circulation therein.\nSuch notice shall state the day of election and the hours the polls are\nto be open, shall describe the school election district or districts\ninto which the area is divided, shall specify the schoolhouses or other\nplaces therein where such election will be held and where the ballots\nwill be canvassed.\n  8. The election shall take place during at least four consecutive\nhours between the hours of seven o'clock in the forenoon and ten o'clock\nin the evening, as determined by the commissioner of education.\n  9. Any person qualified to vote in any school district wholly or\npartly within the area laid out by the commissioner and who resides\nwithin such area shall be qualified to vote at the election. Before each\nperson casts his ballot he shall be required to sign a statement\ncontained in a poll book provided for the purpose, declaring that he is\na qualified voter within the area.\n  10. The commissioner of education shall appoint a board of canvass for\nthe entire area. Such board shall organize by naming one of its members\nas chairman and shall, as soon as the ballot boxes and books containing\nthe names of the voters have been delivered to the board of canvass in\nthe place designated by the commissioner of education, count all the\nballots. Prior to ascertaining the manner in which any voter has marked\nhis ballot, the number of ballots from each school election district\nshall be counted separately without opening them and if the number does\nnot correspond with the number of names contained in the poll book of\nsuch school election district, the board before canvassing the ballots,\nshall withdraw therefrom a number sufficient to make the number of\nballots correspond with the number of names in the poll book.\nThereafter, and before ascertaining the manner in which any voter has\nvoted, the board of canvass shall cause the ballots cast at each school\nelection district to be thoroughly intermingled with each other in a\nsingle ballot box large enough to contain the aggregate number of votes\ncast. A majority of the valid votes cast shall be necessary to adopt the\nresolution.  Such board shall certify to the commissioner of education\nthe total number of votes cast, the number of valid votes cast for the\nproposition to consolidate the area with the city school district, the\nnumber of valid votes cast against the proposition, the number of void\nballots and the number of blank ballots. The board of canvass shall file\na copy of such certificate with each superintendent of schools in whose\njurisdiction such area is located and shall also file a copy thereof\nwith the town clerk of each town in which any part of such area is\nlocated. The board of canvass shall seal the books and ballots\nimmediately upon completion of the certificate setting forth the result,\nand shall file such sealed books and ballots with the board of education\nof the city school district, which board of education shall retain and\ndispose of such books and ballots as provided by law. If an appeal is\nbrought from the election, the ballots shall be available for the\ninspection of the commissioner of education.\n  11. The commissioner of education shall designate a member or members\nof the board of canvass to act as an election board for the conduct of\nthe election in each school election district. The election board shall\nadminister the challenges.\n  12. The board of canvass shall furnish poll books, ballots and locked\nballot boxes for each school election district.\n  13. After the polls are closed, and after all persons within the\npolling place have voted, the election board shall forthwith proceed to\ndeliver to the board of canvass at the place designated by the\ncommissioner of education, the ballot box and the book containing the\nnames of the voters. Any wilful violation of this paragraph shall be a\nmisdemeanor.\n  14. Upon an appeal to the commissioner of education, substantial\ncompliance with the procedures herein required shall be sufficient to\nmeet the intent of this section.\n  15. If the proposition to consolidate such area with such city school\ndistrict is adopted, the commissioner may by order consolidate such area\nor areas, and all school districts and parts of school districts\nincluded therein, with such city school district. Such order shall\nspecify a date on which the same shall take effect, and the provisions\nof sections fifteen hundred fourteen, fifteen hundred seventeen and\nfifteen hundred eighteen shall be applicable to such consolidation. A\ncopy of such order shall be filed with the clerk of each school district\naffected thereby.\n  16. If at any such election the proposition to consolidate shall not\nbe adopted, no such election shall again be called within one year after\nsuch original election. If no election shall be called to reconsider the\nquestion within two years after such original election or if at any such\nelection called within two years after such original election the\nproposition shall again fail of adoption, the order of the commissioner\nlaying out such area or areas shall be deemed null and void and of no\nfurther force and effect.\n  17. Unless the effective date of such order of consolidation shall\ncoincide with the beginning of the fiscal year of the city school\ndistrict, the board of education of the city school district upon the\neffective date of the order of consolidation, shall levy a tax upon the\narea so consolidated with the city school district, to defray the\nexpenses of educating the pupils of such area from the effective date of\nthe consolidation to the beginning of the next ensuing fiscal year of\nthe city school district. For this purpose, the school tax rate used for\nthe fiscal year of the city school district in progress on the effective\ndate of such order shall be used, except that such rate shall be divided\nby twelve and multiplied by the number of months intervening between the\neffective date of such order and the beginning of the next ensuing\nfiscal year of the city school district. The tax list for this purpose\nshall be prepared and confirmed within thirty days after the effective\ndate of such consolidation.\n  18. In any enlarged city school district created pursuant to this\nsection, the proper equalization rate or rates shall be fixed and\ndetermined annually pursuant to the provisions of section thirty-five\nhundred five of this chapter.\n  19. The expense of posting and publishing of the notices and of\nfurnishing the poll books, ballots and ballot boxes shall be borne\nequally by the several school districts wholly or partly included within\nsuch area, unless a consolidation order is made, in which event such\nexpense shall become a charge upon the enlarged city school district.\n
N.Y. PBH Law § 2544 — New York Code / Act PBH / Article 25 / Title 2-A / Section 2544
Screening and evaluations
Status: in_force

§ 2544. Screening and evaluations. 1. Each child thought to be an\neligible child is entitled to a multidisciplinary evaluation, and the\nearly intervention official shall ensure such evaluation, with parental\nconsent.\n  2. (a) The parent may select an evaluator from the list of approved\nevaluators as described in section twenty-five hundred forty-two of this\ntitle to conduct the evaluation. The parent or evaluator shall\nimmediately notify the early intervention official of such selection.\nThe evaluator may begin the evaluation no sooner than four working days\nafter such notification, unless otherwise approved by the initial\nservice coordinator.\n  (b) the evaluator shall designate an individual as the principal\ncontact for the multidisciplinary team.\n  (c) If, in consultation with the evaluator, the service coordinator\nidentifies a child that is potentially eligible for programs or services\noffered by or under the auspices of the office for people with\ndevelopmental disabilities, the service coordinator shall, with parent\nconsent, notify the office for people with developmental disabilities'\nregional developmental disabilities services office of the potential\neligibility of such child for said programs or services.\n  3. (a) To determine eligibility, an evaluator shall, with parental\nconsent, either (i) screen a child to determine what type of evaluation,\nif any, is warranted, or (ii) provide a multidisciplinary evaluation. In\nmaking the determination whether to provide an evaluation, the evaluator\nmay rely on a recommendation from a physician or other qualified person\nas designated by the commissioner.\n  (b) If, based upon the screening, a child is believed to be eligible,\nor if otherwise elected by the parent, the child shall, with the consent\nof a parent, receive a multidisciplinary evaluation. All evaluations\nshall be conducted in accordance with the coordinated standards and\nprocedures and with regulations promulgated by the commissioner.\n  4. The evaluation of each child shall:\n  (a) be conducted by personnel trained to utilize appropriate methods\nand procedures;\n  (b) be based on informed clinical opinion;\n  (c) be made without regard to the availability of services in the\nmunicipality or who might provide such services; and\n  (d) with parental consent, include the following:\n  (i) a review of pertinent records related to the child's current\nhealth status and medical history;\n  (ii) an evaluation of the child's level of functioning in each of the\ndevelopmental areas set forth in paragraph (c) of subdivision seven of\nsection twenty-five hundred forty-one of this title;\n  (iii) an assessment of the unique needs of the child in terms of each\nof the developmental areas set forth in paragraph (c) of subdivision\nseven of section twenty-five hundred forty-one of this title, including\nthe identification of services appropriate to meet those needs;\n  (iv) an evaluation of the transportation needs of the child, if any;\nand\n  (v) such other matters as the commissioner may prescribe in\nregulation.\n  5. An evaluation shall not include a reference to any specific\nprovider of early intervention services.\n  6. Nothing in this section shall restrict an evaluator from utilizing,\nin addition to findings from his or her personal examination, other\nexaminations, evaluations or assessments conducted for such child,\nincluding those conducted prior to the evaluation under this section, if\nsuch examinations, evaluations or assessments are consistent with the\ncoordinated standards and procedures.\n  7. Following completion of the evaluation, the evaluator shall provide\nthe parent and service coordinator with a copy of a summary of the full\nevaluation. To the extent practicable, the summary shall be provided in\nthe native language of the parent. Upon request of the parent, early\nintervention official or service coordinator, the evaluator shall\nprovide a copy of the full evaluation to such parent, early intervention\nofficial or service coordinator.\n  8. A parent who disagrees with the results of an evaluation may obtain\nan additional evaluation or partial evaluation at public expense to the\nextent authorized by federal law or regulation.\n  9. Upon receipt of the results of an evaluation, a service coordinator\nmay, with parental consent, require additional diagnostic information\nregarding the condition of the child, provided, however, that such\nevaluation or assessment is not unnecessarily duplicative or invasive to\nthe child, and provided further, that:\n  (a) where the evaluation has established the child's eligibility, such\nadditional diagnostic information shall be used solely to provide\nadditional information to the parent and service coordinator regarding\nthe child's need for services and cannot be a basis for refuting\neligibility;\n  (b) the service coordinator provides the parent with a written\nexplanation of the basis for requiring additional diagnostic\ninformation;\n  (c) the additional diagnostic procedures are at no expense to the\nparent; and\n  (d) the evaluation is completed and a meeting to develop an IFSP is\nheld within the time prescribed in subdivision one of section\ntwenty-five hundred forty-five of this title.\n  10. (a) If the screening indicates that the infant or toddler is not\nan eligible child and the parent elects not to have an evaluation, or if\nthe evaluation indicates that the infant or toddler is not an eligible\nchild, the service coordinator shall inform the parent of other programs\nor services that may benefit such child, and the child's family and,\nwith parental consent, refer such child to such programs or services.\n  (b) A parent may appeal a determination that a child is ineligible\npursuant to the provisions of section twenty-five hundred forty-nine of\nthis title, provided, however, that a parent may not initiate such\nappeal until all evaluations are completed.\n  11. Notwithstanding any other provision of law to the contrary, where\na request has been made to review an IFSP prior to the six-month\ninterval provided in subdivision seven of section twenty-five hundred\nforty-five of this title for purposes of increasing frequency or\nduration of an approved service, including service coordination, the\nearly intervention official may require an additional evaluation or\npartial evaluation at public expense by an approved evaluator other than\nthe current provider of service, with parent consent.\n
N.Y. SOS Law § 461-H — New York Code / Act SOS / Article 7 / Title 2 / Section 461-H
Special proceeding for termination of adult home, residence for adults and enriched housing program admission agreements
Status: in_force

§ 461-h. Special proceeding for termination of adult home, residence\nfor adults and enriched housing program admission agreements. 1. (a) A\nspecial proceeding to terminate the admission agreement of a resident of\nan adult home, residence for adults or enriched housing program and\ndischarge the resident therefrom may be maintained in the county court,\nthe justice court of the village, the town justice court, the court of\ncivil jurisdiction in a city, or the district court which has\njurisdiction over proceedings brought pursuant to article seven of the\nreal property actions and proceedings law.\n  (b) The place of trial of the special proceeding shall be within the\njurisdictional area of the court in which the adult home or residence\nfor adults is situated; except that where the facility is located in an\nincorporated village which includes parts of two or more towns, the\nproceeding may be tried by a town justice of any such town who keeps an\noffice in the village.\n  2. The proceeding may be brought by the operator of an adult home,\nresidence for adults or enriched housing program.\n  3. (a) The special proceeding prescribed by this section shall be\ncommenced by petition and a notice of petition. A notice of petition may\nbe issued only by an attorney, judge or the clerk of the court; it may\nnot be issued by a party prosecuting the proceeding in person.\n  (b) The notice of petition shall specify the time and place of the\nhearing on the petition.\n  4. The notice of petition and petition shall be served at least five\nand not more than twelve days before the time at which the petition is\nnoticed to be heard.\n  5. (a) Service of the notice of petition and petition shall be made by\npersonally delivering them to the resident; and at the time of such\nservice, a copy of such notice of petition and petition shall be mailed\nto the resident's next of kin and to the person designated in the\nadmission agreement as the responsible party, if any, and the\ndepartment. If service by personal delivery of the notice of petition\nand petition upon a resident, who has been removed from the facility as\npermitted by subdivision three of section four hundred sixty-one-g of\nthis article, is not possible, then service upon such resident shall be\nmade by any of the methods permitted by section three hundred eight of\nthe civil practice law and rules.\n  (b) The notice of petition and petition together with proof of service\nthereof on the resident and proof that copies thereof have been mailed\nto the resident's next of kin and to the person designated in the\nadmission agreement as the responsible party, if any, shall be filed\nwith the court or clerk thereof within three days after delivery to the\nresident.\n  (c) Service shall be complete upon filing proof of service.\n  6. The petition shall be verified by the person authorized by\nsubdivision two of this section to maintain the proceeding; or by a\nlegal representative, attorney or agent of such person pursuant to\nsubdivision (d) of section thirty hundred twenty of the civil practice\nlaw and rules.\n  Every petition shall:\n  (a) state the interest of the petitioner in the premises from which\nremoval is sought;\n  (b) state the resident's interest in the premises and his relationship\nto petitioner with regard thereto;\n  (c) describe the premises from which removal is sought;\n  (d) state the facts upon which the special proceeding is based; and\n  (e) state the relief sought. The relief may include a judgment for\npayment of all charges, expenses and other assessments due.\n  7. The resident may answer in writing prior to the date the petition\nis to be heard or orally at the time the petition is heard. The resident\nmay interpose any defense that he may have in his answer.\n  8. If the relief sought by the operator includes a judgment for\npayment of all charges, expenses and other assessments due, then any\ncounterclaims which the resident may have against the operator may be\nheard in a special proceeding maintained pursuant to the provisions of\nthis section, provided, however, that the court in its discretion may\nsever such claims and counterclaims from the special proceeding.\n  9. Where triable issues of fact are raised, they shall be tried by the\ncourt. The court, in its discretion, at the request of one or both of\nthe parties may grant an adjournment for not more than ten days.\n  10. (a) The court shall direct that a final judgment be entered\ndetermining the rights of the parties with regard to the admission\nagreement.\n  (b) The judgment, including such money as it may award for use and\noccupancy of the facility or otherwise, may be docketed in such books as\nthe court maintains for recording the steps in a summary proceeding;\nunless a rule of the court, or the court by order in a given case\notherwise provides, such judgment need not be recorded or docketed in\nthe books, if separately maintained in which are docketed money\njudgments in an action.\n  11. (a) Upon rendering a final judgment for petitioner, the court\nshall issue an order of removal directed to the sheriff of the county or\nto any constable or marshal of the city in which the facility is\nsituated, or, if it is not situated in a city to any constable of any\ntown in the county, describing the property, and commanding the officer\nto remove the resident.\n  (b) The officer to whom the order of removal is directed and delivered\nshall give at least seventy-two hours notice, in writing and in the\nmanner prescribed in this section for the service of a notice of\npetition, to the person to be removed and shall execute the order\nbetween the hours of sunrise and sunset.\n  12. (a) If a proceeding is brought by an operator of an adult home,\nresidence for adults or enriched housing program pursuant to the\nprovisions of this section and the reason for the proceeding is that a\nresident of such a facility has not paid the authorized charges, the\ncourt shall stay the issuance of the order of removal for ten days from\nthe date a judgment is rendered. The court, in its discretion, may stay\nthe issuance of an order of removal for up to ninety days if the reason\nfor the termination of the admission agreement and discharge of the\nresident is that the resident failed to pay the authorized charges and\nsuch nonpayment was due to an interruption by a government agency in the\ndelivery to such resident of any public benefits to which such resident\nis entitled. During the pendency of such stay, the operator of the\nfacility, as part of the provision of case management services shall be\nrequired to assist the resident who shall cooperate with the operator,\nin obtaining any such public benefits or any supplemental public\nbenefits which are available to persons who have not received their\nregular public benefits.\n  (b) If a proceeding is brought by an operator of an adult home,\nresidence for adults or enriched housing program pursuant to the\nprovisions of this section, and the reason for the proceeding is\nrepeated behavior by the resident which directly impairs the well-being,\ncare or safety of the resident or any other resident or which\nsubstantially interferes with the orderly operation of the facility, the\ncourt, in its discretion, upon application of the resident, may stay the\nissuance of the order of removal for up to thirty days from the date a\njudgment is rendered.\n  (c) If a proceeding is brought by an operator, administrator or\nreceiver of an adult home, residence for adults or enriched housing\nprogram pursuant to the provisions of this section, and the reason for\nthe proceeding is that the facility has had its operating certificate\nrevoked or temporarily suspended pursuant to subdivision four of section\nfour hundred sixty-d of this article, or the operator has voluntarily\nsurrendered the operating certificate for the facility to the\ndepartment, the court, in its final judgment entered pursuant to\nsubdivision ten of this section, shall not direct the facility to remain\nopen and in operation.\n  13. During the pendency of a special proceeding brought pursuant to\nthis section, the operator of an adult home, residence for adults or\nenriched housing program shall be required to honor all terms of the\nadmission agreement until the resident is removed.\n  14. Nothing contained herein shall be deemed to alter or abridge any\nright of a resident or operator of an adult home, residence for adults\nor enriched housing program to obtain any relief to which such persons\nare entitled in any other court of competent jurisdiction.\n  15. Notwithstanding the provisions of this article, nothing contained\nherein shall be construed to create a relationship of landlord and\ntenant between an operator of an adult home, residence for adults or\nenriched housing program and a resident thereof.\n  16. Notwithstanding any other provision in this section to the\ncontrary, the admission agreement of a resident in an enriched housing\nprogram may be terminated and the resident discharged pursuant to the\nprovisions of section four hundred sixty-one-g of this article and\npursuant to a special proceeding as set forth in this section; provided,\nhowever, where such resident has an existing lease with the landlord of\nthe premises in which the program is housed, the resident may not be\ninvoluntarily removed from the premises except in accordance with the\nprovisions of such lease and applicable law and regulation.\n
N.Y. EDN Law § 2015 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2015
Register to be filed; addition to and correction of register; challenges
Status: in_force

§ 2015. Register to be filed; addition to and correction of register;\nchallenges.  1. The register prepared as provided in section two\nthousand fourteen of this chapter shall, immediately upon its completion\nand not less than five days prior to the time set for the school meeting\nor election at which it is to be used, be filed in the office of the\nclerk of the district, and thereafter shall at all reasonable times be\nopen to inspection by any qualified voter of such school district on\neach day up to and including the day set for the meeting or election,\nexcept Sundays.\n  2. The name of no voter may be placed upon a register unless such\nvoter appears before the board of registration except if a qualified\nvoter is a resident of a school district and his name appears on a\nregister as a resident of another district, a written sworn statement\nmay be filed by such voter with the clerk of the district showing his\ncorrect residence and the name of such voter shall thereupon be stricken\nfrom such register and placed upon the proper register.\n  3. A qualified voter may, upon the examination of such list, file a\nwritten challenge of the qualifications as a voter of any person whose\nname appears on such list.\n  4. Statements and challenges shall be received and preserved by the\nclerk of the district or other person designated by the board of\neducation, and immediately upon receiving any such sworn statement of a\nvoter, applying to have his name placed upon the register or any\nchallenge as to a name already thereon, the clerk shall file such\nstatement or challenge or copy thereof, with the register and hold the\nsame open for inspection by any qualified voter of the district. Upon\nthe face of such statement or challenge, the clerk shall write clearly\nwhat action was taken with reference thereto, immediately upon such\naction being taken.\n  5. The clerk of the district shall cause a copy of the register of\nsuch school district to be delivered on the day of the meeting or\nelection before the opening of the polls to the inspectors of election\nat each voting place within the district at the place or places where\nthe meeting or election is to be held. If there be not more than one\nvoting place, the clerk shall produce the register at the place of the\nmeeting or election, at the opening thereof. The inspectors of election\nat each voting place shall indicate on the copy of the register\ndelivered to them, and opposite the name of each person so registered,\nwhether each such person did vote in such election or at such meeting.\n
N.Y. ENV Law § 37-0213 — New York Code / Act ENV / Article 37 / Title 2 / Section 37-0213
Reports
Status: in_force

§ 37-0213. Reports.\n  The department shall include a report on the effectiveness of this\ntitle as part of its annual solid waste management plan as required by\nsection 27-0103 of this chapter. The report shall contain a review of\nother toxic substances contained in packaging and recommend additions to\nthe list of hazardous ingredients set forth in this title in order to\nfurther reduce the toxicity of packaging waste, and shall contain a\nrecommendation whether to continue the recycling exemption as it is\nprovided for in subdivision three of section 37-0207 of this title, and\na description of the nature of the substitutes used in lieu of the lead,\nmercury, cadmium, or hexavalent chromium. The department may include\nrecommendations of the source reduction council of the conference of\nNorth-Eastern governors in the report. Recommendations made by the\ndepartment to eliminate toxic substances contained in packaging shall\ninclude a determination of whether the ingredient presents or will\npresent an unreasonable risk to health or the environment, based upon a\nrecognized risk assessment protocol and taking into account the\nmagnitude and severity of the harm against the benefits of the substance\nor mixture to society as well as the availability of substitutes for the\nsubstance or mixture and other adverse effects which such proposed\naction to eliminate such ingredient may have on society.\n
N.Y. MRE Law § 71 — New York Code / Act MRE / Article 4 / Title 2 / Section 71
Water closet and bath accommodations
Status: in_force

§ 71. Water closet and bath accommodations. Every water closet or\nbathroom installed in transient dwellings on or after July first,\nnineteen hundred fifty-two, and in transient dwellings converted on or\nafter such date shall be constructed in conformity with the provisions\nof section one hundred seventy-one.\n
N.Y. STL Law § 123 — New York Code / Act STL / Article 8 / Title 2 / Section 123
Number of senators
Status: in_force

§ 123. Number of senators. The senate shall consist of sixty-three\nmembers chosen from the districts described within and apportioned among\nthe counties on the basis of the number of inhabitants of the state\nbased on the Federal Census of two thousand twenty, as adjusted pursuant\nto the provisions of part XX of chapter fifty-seven of the laws of two\nthousand ten, as amended.\n
N.Y. RPT Law § 421-FF — New York Code / Act RPT / Article 4 / Title 2 / Section 421-FF
Exemption of capital improvements to residential buildings in cities with a population between twenty-seven thousand five hundred and twe...
Status: in_force

§ 421-ff. Exemption of capital improvements to residential buildings\nin cities with a population between twenty-seven thousand five hundred\nand twenty-eight thousand based upon the two thousand ten federal\ncensus. 1.  Residential buildings which have been reconstructed, altered\nor improved subsequent to the effective date of a local law pursuant to\nthis section shall be exempt from taxation and special ad valorem levies\nto the extent provided hereinafter in cities with a population between\ntwenty-seven thousand five hundred and twenty-eight thousand based upon\nthe two thousand ten federal census. For purposes of this section,\n"reconstruction", "alteration" or "improvement" shall not include\nordinary maintenance and repairs. After a public hearing, the governing\nboard of a city with such a population may adopt a local law to grant\nthe exemption authorized pursuant to this section. A copy of such local\nlaw shall be filed with the commissioner and the assessor of such city\nwho prepares the assessment roll on which the taxes of such city are\nlevied.\n  2. Such buildings shall be exempt for a period of two years to the\nextent of one hundred per centum of the increase in assessed value\nthereof attributable to such reconstruction, alterations or improvements\nand for an additional period of four years subject to the following:\n  (a) The extent of such exemption shall be decreased by twenty per\ncentum of the "exemption base" each year during such additional\nfour-year period, such that during year three there shall be an\nexemption of eighty per centum of the increase in assessed value thereof\nattributable, during year four there shall be an exemption of sixty per\ncentum of the increase in assessed value thereof attributable, in year\nfive there shall be an exemption of forty per centum of the increase in\nassessed value thereof attributable and in year six there shall be an\nexemption of twenty per centum of the increase in assessed value thereof\nattributable; and\n  (b) The "exemption base" shall be the increase in assessed value due\nto improvements as determined by the assessor in the initial year of\nsuch six-year period following the filing of an original application.\n  3. There shall be enhanced benefits for improvement to real property\nmeeting certification standards for green buildings. Such residential\nreal property that has been reconstructed, altered or improved that is\ncertified under a certification standard approved by the city which is\ndetermined to be equivalent to the leadership in energy and\nenvironmental design (LEED) certification for the categories of\ncertified/silver, gold or platinum as meeting green building standards\nshall be exempt for the following percentages, provided that a copy of\nthe certification for a qualified category is filed with the assessor of\nsuch city and the assessor approves the application for the applicable\ncategory as meeting the requirements of this section and the local law\nof such city:\n  (a) Certified/silver certification standard. Such buildings shall be\nexempt for a period of three years to the extent of one hundred per\ncentum of the increase in assessed value thereof attributable to such\nreconstruction, alteration or improvement and for an additional period\nof four years. The extent of such exemption shall be decreased by twenty\nper centum of the "exemption base" each year during such additional\nfour-year period such that during year four there shall be an exemption\nof eighty per centum of the increase in assessed value thereof\nattributable, during year five there shall be an exemption of sixty per\ncentum of the increase in assessed value thereof attributable, in year\nsix there shall be an exemption of forty per centum of the increase in\nassessed value thereof attributable and in year seven there shall be an\nexemption of twenty per centum of the increase in assessed value thereof\nattributable. The "exemption base" shall be the increase in assessed\nvalue due to improvements as determined by the assessor in the initial\nyear of such seven-year period following the filing of an original\napplication;\n  (b) Gold standard. Such buildings shall be exempt for a period of four\nyears to the extent of one hundred per centum of the increase in\nassessed value thereof attributable to such reconstruction, alteration\nor improvement and for an additional period of four years. The extent of\nsuch exemption shall be decreased by twenty per centum of the "exemption\nbase" each year during such additional four-year period such that during\nyear five there shall be an exemption of eighty per centum of the\nincrease in assessed value thereof attributable, during year six there\nshall be an exemption of sixty per centum of the increase in assessed\nvalue thereof attributable, in year seven there shall be an exemption of\nforty per centum of the increase in assessed value thereof attributable\nand in year eight there shall be an exemption of twenty per centum of\nthe increase in assessed value thereof attributable. The "exemption\nbase" shall be the increase in assessed value due to improvements as\ndetermined by the assessor in the initial year of such eight-year period\nfollowing the filing of an original application; or\n  (c) Platinum standard. Such buildings shall be exempt for a period of\nsix years to the extent of one hundred per centum of the increase in\nassessed value thereof attributable to such reconstruction, alteration\nor improvement and for an additional period of four years. The extent of\nsuch exemption shall be decreased by twenty per centum of the "exemption\nbase" each year during such additional four-year period such that during\nyear seven there shall be an exemption of eighty per centum of the\nincrease in assessed value thereof attributable, during year eight there\nshall be an exemption of sixty per centum of the increase in assessed\nvalue thereof attributable, in year nine there shall be an exemption of\nforty per centum of the increase in assessed value thereof attributable\nand in year ten there shall be an exemption of twenty per centum of the\nincrease in assessed value thereof attributable. The "exemption base"\nshall be the increase in assessed value due to improvements as\ndetermined by the assessor in the initial year of such ten-year period\nfollowing the filing of an original application.\n  4. Exemptions granted pursuant to this section shall apply to real\nproperty taxes imposed for city purposes.\n  5. No such exemption shall be granted unless:\n  (a) Such reconstruction, alteration or improvement was commenced\nsubsequent to the effective date of the local law or resolution adopted\npursuant to subdivision one of this section;\n  (b) The value of such reconstruction, alteration or improvement\nexceeds the sum of seventy-five hundred dollars; and\n  (c) Such reconstruction, alteration or improvement is documented by a\nbuilding permit, if required, for the improvements or other appropriate\ndocumentation as required by the city assessor.\n  6. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. Such\napplication shall be filed with the assessor of a city with a population\nof not less than twenty-seven thousand five hundred and not more than\ntwenty-eight thousand on or before the appropriate taxable status date\nof such city and within one year after the date of completion of such\nreconstruction, alteration or improvement.\n  7. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the city assessor shall approve the\napplication and such building shall thereafter be exempt from taxation\nand special ad valorem levies by the city as provided in this section\ncommencing with the assessment roll prepared on the basis of the taxable\nstatus date referred to in subdivision six of this section. The assessor\nshall enter the assessed value of any exemption granted pursuant to this\nsection on the assessment roll for the taxable property, with the amount\nof the exemption shown in a separate column. In any case where there is\nan enhanced exemption benefit based on a certification of\ncertified/silver, gold or platinum LEED standards in accordance with\napplicable certification standards approved by the city, a copy of such\ncertification shall be filed in the subject real property file.\n  8. In the event that real property granted an exemption pursuant to\nthis section ceases to be used primarily for residential purposes, the\nexemption granted pursuant to this section shall cease.\n
N.Y. EDN Law § 2010 — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2010
Effect of want of due notice of district meetings
Status: in_force

§ 2010. Effect of want of due notice of district meetings.  The\nproceedings of no district meeting, annual or special, shall be held\nillegal for want of a due notice to all the persons qualified to vote\nthereat, unless it shall appear that the omission to give such notice\nwas wilful and fraudulent.\n
N.Y. RPT Law § 489-RR — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-RR
Inapplicability of title
Status: in_force

* § 489-rr. Inapplicability of title. The provisions of this title\nshall not apply to any railroad real property of any railroad company\nfor which railroad ceilings were not made in the calendar years nineteen\nhundred seventy-six and nineteen hundred seventy-seven unless such\ncompany files with the commissioner a statement in writing that such\ncompany elects to have the provisions of this title apply to such\ncompany. Any such railroad company may file such statement on or before\nFebruary first in any year, in which case and at such time, the\nprovisions of this title shall become applicable and the commissioner\nshall annually thereafter establish railroad ceilings for the railroad\nreal property of such company. Notwithstanding any other provisions of\nthis section, any such railroad company may file such statement on or\nbefore July fifteenth in the calendar year nineteen hundred\nseventy-eight. The provisions of this section shall remain in force and\neffect only until March thirty-first, nineteen hundred eighty-three.\n  * NB Expired March 31, 1983\n
N.Y. VAT Law § 240 — New York Code / Act VAT / Title 2 / Article 2-B / Section 240
Hearings, notice and conduct
Status: in_force

§ 240. Hearings, notice and conduct.  1. Notice of hearing. Whenever a\nperson charged with a parking violation enters a plea of not guilty; or\na person alleged to be liable in accordance with any provisions of law\nspecifically authorizing the imposition of monetary liability on the\nowner of a vehicle for failure of an operator thereof: to comply with\ntraffic-control indications in violation of subdivision (d) of section\neleven hundred eleven of this chapter through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; or to comply\nwith certain posted maximum speed limits in violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\nchapter through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor to comply with bus lane restrictions as defined by article\ntwenty-four of this chapter through the installation and operation of\nbus lane photo devices, in accordance with article twenty-four of this\nchapter; or to comply with toll collection regulations of certain public\nauthorities through the installation and operation of photo-monitoring\nsystems, in accordance with the provisions of section two thousand nine\nhundred eighty-five of the public authorities law and sections\nsixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four\nof the laws of nineteen hundred fifty; or to stop for a school bus\ndisplaying a red visual signal in violation of section eleven hundred\nseventy-four of this chapter through the installation and operation of\nschool bus photo violation monitoring systems, in accordance with\narticle twenty-nine of this chapter; or to comply with certain posted\nmaximum speed limits in violation of subdivision (b), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter within a highway\nconstruction or maintenance work area through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; or to comply with gross vehicle\nweight and/or axle weight restrictions in violation of section three\nhundred eighty-five of this chapter and the rules of the applicable\ncovered agency or covered authority as such terms are defined in article\nten of this chapter through the installation and operation of weigh in\nmotion violation monitoring systems, in accordance with article ten of\nthis chapter; or to comply with bus operation-related traffic\nregulations as defined by article twenty-four of this chapter in\nviolation of the rules of the department of transportation of the city\nof New York through the installation and operation of bus\noperation-related photo devices, in accordance with article twenty-four\nof this chapter, contests such allegation, the parking violations bureau\nor the traffic camera violations bureau, as applicable, shall advise\nsuch person personally by such form of first class mail as the director\nmay direct of the date on which such person must appear to answer the\ncharge at a hearing. The form and content of such notice of hearing\nshall be prescribed by the director, and shall contain a warning to\nadvise the person so pleading or contesting that failure to appear on\nthe date designated, or on any subsequent adjourned date, shall be\ndeemed an admission of liability, and that a default judgment may be\nentered thereon.\n  1-a. Fines and penalties. Whenever a plea of not guilty has been\nentered, or the parking violations bureau or the traffic camera\nviolations bureau, as applicable, has been notified that an allegation\nof liability in accordance with provisions of law specifically\nauthorizing the imposition of monetary liability on the owner of a\nvehicle for failure of an operator thereof: to comply with\ntraffic-control indications in violation of subdivision (d) of section\neleven hundred eleven of this chapter through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; or to comply\nwith certain posted maximum speed limits in violation of subdivision\n(b), (c), (d), (f) or (g) of section eleven hundred eighty of this\nchapter through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nor to comply with bus lane restrictions as defined by article\ntwenty-four of this chapter through the installation and operation of\nbus lane photo devices, in accordance with article twenty-four of this\nchapter; or to comply with toll collection regulations of certain public\nauthorities through the installation and operation of photo-monitoring\nsystems, in accordance with the provisions of section two thousand nine\nhundred eighty-five of the public authorities law and sections\nsixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four\nof the laws of nineteen hundred fifty; or to stop for a school bus\ndisplaying a red visual signal in violation of section eleven hundred\nseventy-four of this chapter through the installation and operation of\nschool bus photo violation monitoring systems, in accordance with\narticle twenty-nine of this chapter; or to comply with certain posted\nmaximum speed limits in violation of subdivision (b), (d), (f) or (g) of\nsection eleven hundred eighty of this chapter within a highway\nconstruction or maintenance work area through the installation and\noperation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter; or to comply with gross vehicle\nweight and/or axle weight restrictions in violation of section three\nhundred eighty-five of this chapter and the rules of the applicable\ncovered agency or covered authority as such terms are defined in article\nten of this chapter through the installation and operation of weigh in\nmotion violation monitoring systems, in accordance with article ten of\nthis chapter; or to comply with bus operation-related traffic\nregulations as defined by article twenty-four of this chapter in\nviolation of the rules of the department of transportation of the city\nof New York through the installation and operation of bus\noperation-related photo devices, in accordance with article twenty-four\nof this chapter, is being contested, by a person in a timely fashion and\na hearing upon the merits has been demanded, but has not yet been held,\nthe applicable bureau shall not issue any notice of fine or penalty to\nthat person prior to the date of the hearing.\n  1-b. (a) In a city having a population of one million or more, at\nevery hearing for the adjudication of a notice of liability, as provided\nby this article, there shall be a rebuttable presumption that the owner\nof a first-response emergency vehicle alleged to be liable in accordance\nwith any provisions of law specifically authorizing the imposition of\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof: to comply with traffic-control indications in violation of\nsubdivision (d) of section eleven hundred eleven of this chapter through\nthe installation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter; or to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (c), (d), (f) or (g) of section eleven\nhundred eighty of this chapter through the installation and operation of\nphoto speed violation monitoring systems, in accordance with article\nthirty of this chapter; or to comply with bus lane restrictions as\ndefined by article twenty-four of this chapter through the installation\nand operation of bus lane photo devices, in accordance with article\ntwenty-four of this chapter; or to comply with bus operation-related\ntraffic regulations as defined by article twenty-four of this chapter in\nviolation of the rules of the department of transportation of the city\nof New York through the installation and operation of bus\noperation-related photo devices, in accordance with article twenty-four\nof this chapter is not liable for such alleged violation if such owner\nof the first-response emergency vehicle provides the hearing officer\nwith:\n  (i) a signed and affirmed affidavit attesting that the operator of the\nfirst-response emergency vehicle at the time of the alleged violation is\na medically-trained first responder and that the alleged violation\noccurred while the operator of the first-response emergency vehicle was\ninvolved in an emergency operation in such vehicle in response to a\nmedical emergency call; and\n  (ii) documentation supporting the dispatch of the medical emergency\ncall and the dispatch of the operator and the first-response emergency\nvehicle to the scene of the medical emergency.\n  (b) As used in this subdivision, "first-response emergency vehicle"\nshall mean ambulances as defined in section one hundred-b of this\nchapter and emergency ambulance service vehicles as defined in section\none hundred fifteen-c of this chapter.\n  2. Conduct of hearings.  a. Every hearing for the adjudication of a\ncharge of parking violation or an allegation of liability of an owner\nfor a violation of subdivision (d) of section eleven hundred eleven of\nthis chapter imposed pursuant to a local law or ordinance imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with traffic-control indications through the\ninstallation and operation of traffic-control signal photo\nviolation-monitoring systems, in accordance with article twenty-four of\nthis chapter, or an allegation of liability of an owner for a violation\nof subdivision (b), (c), (d), (f) or (g) of section eleven hundred\neighty of this chapter imposed pursuant to a demonstration program\nimposing monetary liability on the owner of a vehicle for failure of an\noperator thereof to comply with certain posted maximum speed limits\nthrough the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter,\nor an allegation of liability of an owner for a violation of bus lane\nrestrictions as defined by article twenty-four of this chapter imposed\npursuant to a bus rapid transit program imposing monetary liability on\nthe owner of a vehicle for failure of an operator thereof to comply with\nsuch bus lane restrictions through the installation and operation of bus\nlane photo devices, in accordance with article twenty-four of this\nchapter, or an allegation of liability of an owner for a violation of\ntoll collection regulations imposed by certain public authorities\npursuant to the law authorizing such public authorities to impose\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with toll collection regulations of such public\nauthorities through the installation and operation of photo-monitoring\nsystems, in accordance with the provisions of section two thousand nine\nhundred eighty-five of the public authorities law and sections\nsixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four\nof the laws of nineteen hundred fifty, or an allegation of liability of\nan owner for a violation of section eleven hundred seventy-four of this\nchapter when meeting a school bus marked and equipped as provided in\nsubdivisions twenty and twenty-one-c of section three hundred\nseventy-five of this chapter imposed pursuant to a local law or\nordinance imposing monetary liability on the owner of a vehicle for\nfailure of an operator thereof to comply with school bus red visual\nsignals through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter, or an allegation of liability of an owner for a violation\nof subdivision (b), (d), (f) or (g) of section eleven hundred eighty of\nthis chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with certain posted maximum speed limits within a\nhighway construction or maintenance work area through the installation\nand operation of photo speed violation monitoring systems, in accordance\nwith article thirty of this chapter, or an allegation of liability of an\nowner for a violation of section three hundred eighty-five of this\nchapter and the rules of the applicable covered agency or covered\nauthority as such terms are defined in article ten of this chapter in\nrelation to gross vehicle weight and/or axle weight violations imposed\npursuant to a weigh in motion demonstration program imposing monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with such gross vehicle weight and/or axle weight restrictions\nthrough the installation and operation of weigh in motion violation\nmonitoring systems, in accordance with article ten of this chapter, or\nan allegation of liability of an owner for a violation of bus\noperation-related traffic regulations as defined by article twenty-four\nof this chapter imposed pursuant to a demonstration program imposing\nmonetary liability on the owner of a vehicle for failure of an operator\nthereof to comply with such bus operation-related traffic regulations\nthrough the installation and operation of bus operation-related photo\ndevices, in accordance with article twenty-four of this chapter, shall\nbe held before a hearing examiner in accordance with rules and\nregulations promulgated by the parking violations bureau or the traffic\ncamera violations bureau, as applicable.\n  b. No charge may be established except upon proof by substantial\nevidence.\n  c. The hearing examiner shall not be bound by the rules of evidence in\nthe conduct of the hearing, except rules relating to privileged\ncommunications.\n  d. The hearing examiner shall at the request of the person charged on\na showing of good cause and need therefor, or in his own discretion,\nissue a subpoena to compel the appearance at a hearing of the officer\nwho served the notice of violation or of other persons to give\ntestimony, and may issue a subpoena duces tecum to compel the production\nfor examination or introduction into evidence, of any book, paper or\nother thing relevant to the charges.\n  e. In the case of a refusal to obey a subpoena, the parking violations\nbureau or the traffic camera violations bureau, as applicable, may make\napplication to the Supreme Court pursuant to section twenty-three\nhundred eight of the civil practice law and rules, for an order\nrequiring such appearance, testimony or production of evidence.\n  f. The hearing examiner shall not examine the prior violation record\nof a person charged before making a determination.\n  g. A record shall be made of a hearing on a plea of not guilty or of a\nhearing at which liability in accordance with any provisions of law\nspecifically authorizing the imposition of monetary liability on the\nowner of a vehicle for failure of an operator thereof: to comply with\ntraffic-control indications in violation of subdivision (d) of section\neleven hundred eleven of this chapter through the installation and\noperation of traffic-control signal photo violation-monitoring systems,\nin accordance with article twenty-four of this chapter; to comply with\ncertain posted maximum speed limits in violation of subdivision (b),\n(c), (d), (f) or (g) of section eleven hundred eighty of this chapter\nthrough the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nto comply with bus lane restrictions as defined by article twenty-four\nof this chapter through the installation and operation of bus lane photo\ndevices, in accordance with article twenty-four of this chapter; to\ncomply with toll collection regulations of certain public authorities\nthrough the installation and operation of photo-monitoring systems, in\naccordance with the provisions of section two thousand nine hundred\neighty-five of the public authorities law and sections sixteen-a,\nsixteen-b and sixteen-c of chapter seven hundred seventy-four of the\nlaws of nineteen hundred fifty; to stop for a school bus displaying a\nred visual signal in violation of section eleven hundred seventy-four of\nthis chapter through the installation and operation of school bus photo\nviolation monitoring systems, in accordance with article twenty-nine of\nthis chapter; to comply with certain posted maximum speed limits in\nviolation of subdivision (b), (d), (f) or (g) of section eleven hundred\neighty of this chapter within a highway construction or maintenance work\narea through the installation and operation of photo speed violation\nmonitoring systems, in accordance with article thirty of this chapter;\nto comply with gross vehicle weight and/or axle weight restrictions in\nviolation of section three hundred eighty-five of this chapter and the\nrules of the applicable covered agency or covered authority as such\nterms are defined in article ten of this chapter through the\ninstallation and operation of weigh in motion violation monitoring\nsystems, in accordance with article ten of this chapter; or to comply\nwith bus operation-related traffic regulations as defined by article\ntwenty-four of this chapter in violation of the rules of the department\nof transportation of the city of New York through the installation and\noperation of bus operation-related photo devices, in accordance with\narticle twenty-four of this chapter, is contested. Recording devices may\nbe used for the making of the record.\n
N.Y. ELN Law § 9-208 — New York Code / Act ELN / Article 9 / Title 2 / Section 9-208
Provisions for recanvass of vote in every election district in the state; procedure in case of discrepancy
Status: in_force

§ 9-208. Provisions for recanvass of vote in every election district\nin the state; procedure in case of discrepancy. 1. Within fifteen days\nafter each general or special election, and within twenty days after a\nprimary election, and within seven days after every village election\nconducted by the board of elections at which ballot scanners are used,\nthe board of elections, or a bipartisan committee of or appointed by\nsaid board shall, in each county using ballot scanners, make a record of\nthe serial number of each ballot scanner used in each election district\nin such general, special or primary election. No person who was a\ncandidate at such election shall be appointed to membership on the\ncommittee. Such board of elections or bipartisan committee shall\nrecanvass the tabulated result tape from each ballot scanner used in\neach election district by comparing such tape with the numbers as\nrecorded on the return of canvass. The said board or committee shall\nalso make a recanvass of any election day paper ballots that have not\nbeen scanned and were hand counted pursuant to subdivision two of\nsection 9-110 of this article and compare the results with the number as\nrecorded on the return of canvass. The board or committee shall then\nrecanvass write-in votes, if any, on ballots which were otherwise\nscanned and canvassed at polling places on election night. The board or\ncommittee shall validate and prove such sums. Before making such canvass\nthe board of elections, with respect to each election district to be\nrecanvassed, shall give notice in writing to the voting machine\ncustodian thereof, to the state and county chair of each party or\nindependent body which shall have nominated candidates for the said\ngeneral or special election or nominated or elected candidates at the\nsaid primary election and to each individual candidate whose name\nappears on the office ballot, of the time and place where such canvass\nis to be made; and the state and county chair of each such party or\nindependent body and each such individual candidate may send a\nrepresentative to be present at such recanvass. Each candidate whose\nname appears on the official ballot, or his or her representative, shall\nhave the right personally to examine and make a record of the vote\nrecorded on the tabulated result tape and any ballots which were hand\ncounted.\n  2. If upon such recanvass, it shall be found that the original canvass\nof the returns of an election district has been incorrectly made from\nany tabulated result tape plus any ballots which were hand counted, a\nstatement in writing shall be prepared giving the details for any\ncorrections made for such election district. The result of the\nrecanvass, and such statement shall be witnessed by the persons required\nto be present and shall be filed with the board of elections. Such\nrecanvass of votes made pursuant hereto shall thereupon supersede the\nreturns filed by the inspectors of election of the election district in\nwhich the canvass was made.\n  3. If upon the recanvass of an election district, it shall be found\nthat a discrepancy exists between the number of voters who cast a vote\nin an election district and the number of votes recorded on the\ntabulated results tape plus any election day paper ballots counted by\nhand the board of elections, or the committee thereof, shall proceed\nthoroughly to examine all the election day paper ballots in that\nelection district to determine the result from such election district.\nThe result of this examination of election day ballots shall supersede\nthe returns filed by the inspectors of election of the election district\nin which the canvass was made. After the completion of such examination,\nthe board of elections, or the committee thereof, shall then and there\nprepare a statement in writing giving in detail the result thereof, and\nsuch statement shall be witnessed by the persons required to be present\nand shall be filed in the office of the board of elections.\n  4. (a) The board of elections or a bipartisan committee appointed by\nthe board shall conduct a full manual recount of all ballots for a\nparticular contest:\n  i. Where the margin of victory is twenty votes or less; or\n  ii. Where the margin of victory is 0.5% or less; or\n  iii. In a contest where one million or more ballots have been cast and\nthe margin of victory is less than 5,000 votes.\n  (b) For the purposes of this section, the term margin of victory shall\nmean the margin between all votes cast in the entire contest following\nthe recanvass of votes.\n  (c) Where the contest involves portions of two or more counties, the\nmargin of victory shall be determined by the state board of elections\nbased on the most recent recanvass results for the contest submitted by\nthe boards of elections of the counties involved.\n  (d) No board of elections shall commence a full manual recount of a\nparticular contest unless and until such board of elections has\ncompleted and announced the results of the recanvass required by\nsubdivision one of this section, for each applicable election district.\n  (e) The result of the manual recount of ballots shall supersede the\nreturns filed by the inspectors of election of the election district in\nwhich the canvass was initially made.\n
N.Y. EDN Law § 1809 — New York Code / Act EDN / Title 2 / Article 37 / Section 1809
Apportionment to central school districts containing former central school districts
Status: in_force

§ 1809. Apportionment to central school districts containing former\ncentral school districts.  Whenever a new central school district shall\nbe laid out and organized out of territory including existing central\nschool districts, or whenever a central school district shall have\nterritory annexed to it including existing central school districts,\nsuch central school district shall be entitled to receive the same\napportionments as it would have received had all the districts included\nin the existing central school district or districts included in such\nterritory been originally laid out and organized as a central school\ndistrict; provided that the amount of the building quota or quotas if\nany for each central school district included in such new central school\ndistrict or annexed to such central school district shall continue to be\npaid to the new central school district or the central school district\nto which such territory is annexed.\n
N.Y. EDN Law § 2850 — New York Code / Act EDN / Title 2 / Article 56 / Section 2850
Short title; purpose
Status: in_force

§ 2850. Short title; purpose. 1. This article shall be known and may\nbe cited as the "New York charter schools act of nineteen hundred\nninety-eight".\n  2. The purpose of this article is to authorize a system of charter\nschools to provide opportunities for teachers, parents, and community\nmembers to establish and maintain schools that operate independently of\nexisting schools and school districts in order to accomplish the\nfollowing objectives:\n  (a) Improve student learning and achievement;\n  (b) Increase learning opportunities for all students, with special\nemphasis on expanded learning experiences for students who are at-risk\nof academic failure;\n  (c) Encourage the use of different and innovative teaching methods;\n  (d) Create new professional opportunities for teachers, school\nadministrators and other school personnel;\n  (e) Provide parents and students with expanded choices in the types of\neducational opportunities that are available within the public school\nsystem; and\n  (f) Provide schools with a method to change from rule-based to\nperformance-based accountability systems by holding the schools\nestablished under this article accountable for meeting measurable\nstudent achievement results.\n
N.Y. RPT Law § 489-P — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-P
Application of railroad ceiling; computation of exemption
Status: in_force

§ 489-p.  Application of railroad ceiling; computation of exemption.\n1.  Upon receipt of a certificate setting forth the railroad ceiling for\na railroad company, the assessor shall compute for his assessing unit\nthe aggregate of the assessed valuations and portions thereof\nattributable to railroad real property of such railroad company included\nin the railroad ceiling.  If the aggregate of such assessed valuations,\nas so computed, does not exceed the ceiling as set forth in the\ncertificate for the railroad company, the assessor shall make no\nadjustment in such assessed valuations.  If, however, the aggregate of\nsuch assessed valuations, as so computed, shall exceed the amount of\nsuch ceiling as set forth in the certificate, such railroad real\nproperty shall be exempt from taxation to the extent of such excess and\nthe assessor shall forthwith reduce the assessments of such railroad\nreal property of such railroad company, so that the aggregate of the\ntaxable assessed valuations of such property shall not exceed such\nceiling; provided, however, that the assessor shall make no adjustment\nin such assessed valuations if the company failed for any reason to pay\nwithin thirty days of the date when due the tax levied upon the taxable\nportion of the assessment of any railroad real property of the company\nset forth on the immediately preceding assessment roll of any assessing\nunit unless the payment or enforcement of such tax is restrained or\nprohibited by an order issued by a court of competent jurisdiction under\nthe bankruptcy act of the United States.  In reducing such assessments\nfor the purpose of giving effect to exemptions granted by this title,\nthe assessor shall distribute such reduction to the parcels affected in\ndirect proportion to the assessed valuations of such railroad real\nproperty included in the assessment of each parcel as initially\ndetermined by the assessor.  The amount so deducted from the assessed\nvaluation of each parcel shall be set forth on the portion of the\nassessment roll provided for property exempt from taxation.  The taxable\nportion of the assessment remaining on railroad real property shall be\napportioned among the school districts and special districts directly in\nproportion to the apportionments of the assessed valuations of such\nrailroad real property made by the assessor prior to the adjustment for\nthe exemption resulting from application of the railroad ceiling.  All\ncertificates of railroad ceilings shall be attached to the assessment\nroll or filed therewith as provided in article fifteen-C of this\nchapter.\n  2.  The assessor is hereby authorized and directed to make the\nreductions, if any, provided for in this section on the assessment roll\nnotwithstanding the fact that he may receive the certificate of the\nrailroad ceiling after the final completion, verification and filing of\nsuch assessment roll.  Other local officers, including school\nauthorities having custody and control of such roll, are hereby\nauthorized and directed, on the basis of information which shall be\nfurnished by the assessor, to make the reductions provided for in this\nsection.\n  3.  In assessing units for which he is required by law to prepare an\nassessment roll, the assessor of a county having a county department of\nassessment shall perform all the acts prescribed for an assessor by this\ntitle. Where a village has enacted a local law as provided in\nsubdivision three of section fourteen hundred two of this chapter, the\nassessor of the town or county who prepares a copy of this applicable\npart of the town or county assessment roll for village tax purposes\nshall also perform the acts prescribed for assessors by this title on\nbehalf of the village.\n