N.Y. PBA Law § 3870 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3870
Actions against the authority
Status: in_force

§ 3870. Actions against the authority. 1. Except in an action for\nwrongful death, no action or proceeding shall be prosecuted or\nmaintained against the authority for personal injury or damage to real\nor personal property alleged to have been sustained by reason of the\nnegligence or wrongful act of the authority or of any director, officer,\nagent or employee thereof, unless (a) it shall appear by and as an\nallegation in the complaint or moving papers that a notice of claim\nshall have been made and served upon the authority, within the time\nlimit prescribed by and in compliance with section fifty-e of the\ngeneral municipal law, (b) it shall appear by and as an allegation in\nthe complaint or moving papers that at least thirty days have elapsed\nsince the service of such notice and that adjustment or payment thereof\nhas been neglected or refused, and (c) the action or proceeding shall be\ncommenced within one year after the happening of the event upon which\nthe claim is based. An action against the authority for wrongful death\nshall be commenced in accordance with the notice of claim and time\nlimitation provisions of title eleven of article nine of this chapter.\n  2. Wherever a notice of claim is served upon the authority, it shall\nhave the right to demand an examination of the claimant relative to the\noccurrence and extent of the injuries or damages for which claim is\nmade, in accordance with the provisions of section fifty-h of the\ngeneral municipal law.\n  3. The authority may require any person presenting for settlement an\naccount or claim for any cause whatever against the authority to be\nsworn before a director, counsel or an attorney, officer or employee\nthereof designated for such purpose, concerning such account or claim\nand when so sworn, to answer orally as to any facts relative to such\naccount or claim. The authority shall have power to settle or adjust any\nclaims in favor of or against the authority.\n  4. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable, other than a judgment on bonds, notes or other\nobligations, shall not exceed the maximum rate of interest on judgments\nand accrued claims against municipal authorities as provided in the\ngeneral municipal law. Interest on payments of principal or interest on\nany bonds, notes or other obligations in default shall accrue at the\nrate specified in the general municipal law until paid or otherwise\nsatisfied.\n  5. The venue of every action, suit or special proceeding brought\nagainst the authority shall be the supreme court in the county.\n  6. Neither any director of the authority nor any officer, employee, or\nagent of the authority, while acting within the scope of his or her\nauthority, shall be subject to any liability resulting from exercising\nor carrying out any of the powers given in this title.\n  7. Indemnification. (a) The state shall hold harmless and indemnify\ndirectors, officers and employees of the authority, all of whom shall be\ndeemed officers and employees of the state for purposes of section\nseventeen of the public officers law, against any claim, demand, suit,\nor judgment arising by reason of any act or omission to act by such\ndirector, officer, or employee occurring in the discharge of his or her\nduties and within the scope of his or her service on behalf of the\nauthority including any claim, demand, suit or judgment based on\nallegations that financial loss was sustained by any person in\nconnection with the acquisition, disposition or holding of securities or\nother obligations. In the event of any such claim, demand, suit or\njudgment, a director, officer or employee of the authority shall be held\nharmless and indemnified, notwithstanding the limitations of subdivision\none of section seventeen of the public officers law, unless such\nindividual is found by a final judicial determination not to have acted,\nin good faith, for a purpose which he or she reasonably believed to be\nin the best interest of the authority or not to have had reasonable\ncause to believe that his or her conduct was lawful.\n  (b) In connection with any such claim, demand, suit, or judgment, any\ndirector, officer or employee of the authority shall be entitled to\nrepresentation by private counsel of his or her choice in any civil\njudicial proceeding whenever the attorney general determines based upon\nhis or her investigation and review of the facts and circumstances of\nthe case that representation by the attorney general would be\ninappropriate. The attorney general shall notify the individual in\nwriting of such determination that the individual is entitled to be\nrepresented by private counsel. The attorney general may require, as a\ncondition to payment of the fees and expenses of such representative,\nthat appropriate groups of such individuals be represented by the same\ncounsel. If the individual or groups of individuals is entitled to\nrepresentation by private counsel under the provisions of this section,\nthe attorney general shall so certify to the state comptroller.\nReasonable attorneys' fees and litigation expenses shall be paid by the\nstate to such private counsel from time to time during the pendency of\nthe civil action or proceeding, subject to certification that the\nindividual is entitled to representation under the terms and conditions\nof this section by the authority, upon the audit and warrant of the\nstate comptroller. The provisions of this subdivision shall be in\naddition to and shall not supplant any indemnification or other benefits\nheretofore or hereafter conferred upon directors, officers, or employees\nof and representatives to the authority by section seventeen of the\npublic officers law, by action of the authority or otherwise. The\nprovisions of this subdivision shall inure only to directors, officers\nand employees of the authority, shall not enlarge or diminish the rights\nof any other party, and shall not impair, limit or modify the rights and\nobligations of any insurer under any policy of insurance.\n
N.Y. SOS Law § 472-L — New York Code / Act SOS / Article 9-A / Title 2 / Section 472-L
Transfer of certain children by agencies
Status: in_force

§ 472-l. Transfer of certain children by agencies. The corporate\nauthorities of any agency now or hereafter having the lawful custody and\ncare of any child not less than six years of age, and not awaiting trial\nnor under sentence for a term of years for crime, may, with the consent\nof said corporation, transfer and assign such custody and care to this\ncorporation upon such terms as the directors of such institution and\nsaid corporation may agree.\n
N.Y. RPT Law § 467-B — New York Code / Act RPT / Article 4 / Title 2 / Section 467-B
Tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities
Status: in_force

§ 467-b. Tax abatement for rent-controlled and rent regulated property\noccupied by senior citizens or persons with disabilities. 1.\nDefinitions. As used in this section:\n  a. "Dwelling unit" means that part of a dwelling in which a head of\nthe household resides and which is subject to either the emergency\nhousing rent control law or to the rent and rehabilitation law of the\ncity of New York enacted pursuant to the local emergency housing rent\ncontrol law, or to the emergency tenant protection act of nineteen\nseventy-four;\n  b. "Head of the household" means a person (i) who is sixty-two years\nof age or older, or (ii) who qualifies as a person with a disability\npursuant to subdivision five of this section, and is entitled to the\npossession or to the use or occupancy of a dwelling unit;\n  c. "Income" means:\n  (i) 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  (A) 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\nfederal adjusted gross income shall not be considered income;\n  (B) 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  (C) 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  (D) any tax-exempt interest or dividends that were excluded from the\napplicant's federal adjusted gross income shall be considered income;\nand\n  (E) any losses that were applied to reduce the applicant's federal\nadjusted gross income shall be subject to the following limitations:\n  (1) the net amount of loss reported on federal Schedule C, D, E, or F\nshall not exceed three thousand dollars per schedule,\n  (2) the net amount of any other separate category of loss shall not\nexceed three thousand dollars, and\n  (3) the aggregate amount of all losses shall not exceed fifteen\nthousand dollars; or\n  (ii) notwithstanding subparagraph (i) of this paragraph, in a city\nwith a population of one million or more persons:\n  (A) 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  (B) provided, however, that income may be calculated as the income\nfrom all sources after deduction of all income and social security taxes\nand includes social security and retirement benefits, supplemental\nsecurity income and additional state payments, public assistance\nbenefits, interest, dividends, net rental income, salary or earnings,\nand net income from self-employment, but shall not include gifts or\ninheritances, payments made to individuals because of their status as\nvictims of Nazi persecution, as defined in federal P.L. 103-286, or\nincreases in benefits accorded pursuant to the social security act or a\npublic or private pension paid to any member of the household which\nincrease, in any given year, does not exceed the consumer price index\n(all items United States city average) for such year which take effect\nafter the date of eligibility of head of the household receiving\nbenefits hereunder whether received by the head of the household or any\nother member of the household, when the following conditions are met:\n  (1) a rent increase exemption order was granted to the head of\nhousehold prior to July first, two thousand twenty-four;\n  (2) such rent increase exemption order is either renewed after each\nbenefit period or granted pursuant to paragraph (d) of subdivision two\nof this section to account for a temporary increase in income;\n  (3) income calculated as described in this subparagraph would yield a\nlower amount than income calculated as described in subparagraph (i) of\nthis paragraph; and\n  (C) provided, further, that a change in the method of calculating\nincome pursuant to this paragraph shall not affect eligibility to file a\nshort-form renewal application in accordance with subparagraph two of\nparagraph a of subdivision four of this section;\n  d. "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  e. "Increase in maximum rent or legal regulated rent" means any\nincrease in the maximum rent or the legal regulated rent for the\ndwelling unit in question pursuant to the applicable rent control law or\nto the emergency tenant protection act of nineteen seventy-four,\nrespectively, or such classes of increase thereunder as may be specified\nin a local law, ordinance or resolution enacted pursuant to this\nsection, over such base period rent as shall be provided therein or an\nexemption from the maximum rent or legal regulated rent as specified in\nparagraph c or d of subdivision three of this section;\n  f. "Members of the household" means the head of the household and any\nperson, other than a bona fide roomer, boarder or subtenant who is not\nrelated to the head of the household, permanently residing in the\ndwelling unit.\n  g. "Supervising agency" shall mean the appropriate rent control agency\nor administrative agency designated to administer the tax abatement for\nrent-controlled and rent regulated property occupied by senior citizens\nor persons with disabilities pursuant to a local law, resolution, or\nordinance passed pursuant to subdivision two of this section.\n  2. The governing body of any municipal corporation is hereby\nauthorized and empowered to adopt, after public hearing, in accordance\nwith the provisions of this section, a local law, ordinance or\nresolution providing for the abatement of taxes of said municipal\ncorporation imposed on real property containing a dwelling unit as\ndefined herein by one of the following amounts: (a) where the head of\nthe household does not receive a monthly allowance for shelter pursuant\nto the social services law, an amount not in excess of that portion of\nany increase in maximum rent or legal regulated rent which causes such\nmaximum rent or legal regulated rent to exceed one-third of the combined\nincome of all members of the household; or\n  (b) where the head of the household receives a monthly allowance for\nshelter pursuant to the social services law, an amount not in excess of\nthat portion of any increase in maximum rent or legal regulated rent\nwhich is not covered by the maximum allowance for shelter which such\nperson is entitled to receive pursuant to the social services law.\n  (c) Provided, however, that in a city of a population of one million\nor more, where the head of household has been granted a rent increase\nexemption order that is in effect as of January first, two thousand\nfifteen or takes effect on or before July first, two thousand fifteen,\nthe amount determined by paragraph (a) of this subdivision shall be an\namount not in excess of the difference between the maximum rent or legal\nregulated rent and the amount specified in such order, as adjusted by\nany other provision of this section.\n  (d) (1) 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  (2) 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 subparagraph one of this paragraph.\n  3. Any such local law, ordinance or resolution shall provide that:\n  * a. for a dwelling unit where the head of the household is a person\nsixty-two years of age or older, no tax abatement shall be granted if\nthe combined income of all members of the household for the income tax\nyear immediately preceding the date of making application exceeds four\nthousand dollars, or such other sum not more than twenty-five thousand\ndollars beginning July first, two thousand five, twenty-six thousand\ndollars beginning July first, two thousand six, twenty-seven thousand\ndollars beginning July first, two thousand seven, twenty-eight thousand\ndollars beginning July first, two thousand eight, twenty-nine thousand\ndollars beginning July first, two thousand nine, fifty thousand dollars\nbeginning July first, two thousand fourteen, and seventy-five thousand\ndollars beginning July first, two thousand twenty-six, as may be\nprovided by the local law, ordinance or resolution adopted pursuant to\nthis section, provided that when the head of the household retires\nbefore the commencement of such income tax year and the date of filing\nthe application, the income for such year may be adjusted by excluding\nsalary or earnings and projecting their retirement income over the\nentire period of such year.\n  * NB Effective until June 30, 2028\n  * a. for a dwelling unit where the head of the household is a person\nsixty-two years of age or older, no tax abatement shall be granted if\nthe combined income of all members of the household for the income tax\nyear immediately preceding the date of making application exceeds four\nthousand dollars, or such other sum not more than twenty-five thousand\ndollars beginning July first, two thousand five, twenty-six thousand\ndollars beginning July first, two thousand six, twenty-seven thousand\ndollars beginning July first, two thousand seven, twenty-eight thousand\ndollars beginning July first, two thousand eight, and twenty-nine\nthousand dollars beginning July first, two thousand nine, as may be\nprovided by the local law, ordinance or resolution adopted pursuant to\nthis section, provided that when the head of the household retires\nbefore the commencement of such income tax year and the date of filing\nthe application, the income for such year may be adjusted by excluding\nsalary or earnings and projecting his or her retirement income over the\nentire period of such year.\n  * NB Effective June 30, 2028\n  * b. for a dwelling unit where the head of the household qualifies as\na person with a disability pursuant to subdivision five of this section,\nno tax abatement shall be granted if the combined income for all members\nof the household for the current income tax year exceeds fifty thousand\ndollars beginning July first, two thousand fourteen, and seventy-five\nthousand dollars beginning July first, two thousand twenty-six, as may\nbe provided by the local law, ordinance or resolution adopted pursuant\nto this section.\n  * NB Effective until June 30, 2028\n  * b. for a dwelling unit where the head of the household qualifies as\na person with a disability pursuant to subdivision five of this section,\nno tax abatement shall be granted if the combined income for all members\nof the household for the current income tax year exceeds fifty thousand\ndollars beginning July first, two thousand fourteen, as may be provided\nby the local law, ordinance or resolution adopted pursuant to this\nsection.\n  * NB Effective June 30, 2028\n  c. upon issuance of a tax abatement certificate as provided in\nsubdivision four of this section, the amount set forth in said\ncertificate shall be deducted from the legal maximum rent or legal\nregulated rent chargeable for a dwelling unit of a head of the\nhousehold.\n  d. 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 to a\nsubsequent dwelling unit located within the same municipal corporation,\nthe head of the household may apply for a tax abatement certificate\nrelating to the subsequent dwelling unit, and such certificate may\nprovide that the head of the household shall be exempt from paying that\nportion of the maximum rent or legal regulated rent for the subsequent\ndwelling 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 reduced, which the head of the household was\nrequired to actually pay in the original dwelling unit;\n  (2) the last amount deducted from the maximum rent or legal regulated\nrent pursuant to this section 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\nthat is in effect as of January first, two thousand fifteen or takes\neffect on or before July first, two thousand fifteen.\n  e. 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 the provisions of articles II, IV, V or XI of the private housing\nfinance law to a subsequent dwelling unit subject to either the local\nemergency housing rent control law or to the emergency tenant protection\nact of nineteen seventy-four which is located within the same municipal\ncorporation, the head of the household may apply for a tax abatement\ncertificate relating to the subsequent dwelling unit, 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\nthat is in effect as of January first, two thousand fifteen or takes\neffect on or before July first, two thousand fifteen.\n  f. notwithstanding any other provision of law, when a dwelling unit\nsubject to regulation under the New York city rent and rehabilitation\nlaw or the rent stabilization law of the city of New York is\nreclassified by order of the city rent agency subject to the other law,\na head of the household who held a valid senior citizen or person with a\ndisability rent increase exemption order at the time of such\nreclassification may be issued a rent increase exemption order under the\nappropriate law continuing the exemption he would have been eligible and\nentitled to, notwithstanding such reclassification of such dwelling unit\nand the tenant shall be exempt from paying the rent increase to the\nextent to which he was otherwise eligible and entitled to be exempted at\nthe time of the increase but for the fact of such reclassification of\nthe dwelling unit including exemption from the rent increase granted\npursuant to subparagraph (m) of paragraph one of subdivision g of\nsection 26-405 of the administrative code of the city of New York to the\nextent that it is not predicated upon any improvement or addition in a\ncategory as provided for in subparagraph (d), (e), (f), (g), (h) or (i)\nof such paragraph.\n  (1) A head of the household who is otherwise eligible for exemption at\nthe time of the rent increase and resides in a dwelling unit subject to\nregulation under the emergency housing rent control law or the rent\nstabilization law of the city of New York which has been reclassified\nunder the other law, may be issued a rent increase exemption order under\nthe appropriate law exempting the tenant from paying the rent increase\nto the extent to which he would have been eligible and entitled to be\nexempted but for the fact of reclassification of the dwelling units\nincluding exemption from the rent increase granted pursuant to\nsubparagraph (m) of paragraph one of subdivision g of section 26-405 of\nthe administrative code of the city of New York to the extent that it is\nnot predicated upon any improvement or addition in a category as\nprovided for in subparagraph (d), (e), (f), (g), (h) or (i) of such\nparagraph.\n  (2) Application for an exemption order shall be made within ninety\ndays from the date of the rent increase and reclassification or within\nninety days of the effective date of this paragraph, whichever is later,\nand the rent increase exemption order shall take effect as of the\neffective date of the rent increase and reclassification including any\nretroactive increments pursuant to such rent increase.\n  g. notwithstanding any other provision of law to the contrary, where a\nhead of the household holds a current, valid tax abatement certificate\nand, after the effective date of this paragraph, there is a permanent\ndecrease in the combined income of all members of the household in an\namount which exceeds twenty percent of such income as represented in\nsuch head of the household's last approved application for a tax\nabatement certificate or for renewal thereof, such head of the household\nmay apply for a redetermination of the amount set forth therein. Upon\napplication, such amount shall be redetermined so as to re-establish the\nratio of adjusted rent to income which existed at the time of approval\nof such head of the household's last application for a tax abatement\ncertificate or for renewal thereof; provided, however, that in no event\nshall the amount of the adjusted rent be redetermined to be (i) in the\ncase of a head of the household who does not receive a monthly allowance\nfor shelter pursuant to the social services law, less than one-third of\nthe combined income of all members of the household unless such head of\nthe household has been granted a rent increase exemption order that is\nin effect as of January first, two thousand fifteen or takes effect on\nor before July first, two thousand fifteen; or (ii) in the case of a\nhead of the household who receives a monthly allowance for shelter\npursuant to the social services law, less than the maximum allowance for\nshelter which such head of the household is entitled to receive pursuant\nto such law. For purposes of this paragraph, a decrease in the combined\nincome of all members of the household shall not include any decrease in\nsuch income resulting from the manner in which income is calculated\npursuant to any amendment to paragraph c of subdivision one of this\nsection made on or after April first, nineteen hundred eighty-seven. For\npurposes of this paragraph, "adjusted rent" shall mean maximum rent or\nlegal regulated rent less the amount set forth in a tax abatement\ncertificate.\n  h. (1) notwithstanding any other provision of law, a head of the\nhousehold who is otherwise eligible for a senior citizen rent increase\nexemption order shall be issued an order applicable to a second dwelling\nunit when such person occupies two contiguous and connected dwelling\nunits, both of which are eligible for a senior citizen rent increase\nexemption order, as a combined residence and such person has occupied\nand paid rent for both units for at least two years. Only one head of\nhousehold shall be issued an exemption order for each eligible\ncontiguous and connected dwelling units pursuant to this paragraph.\n  (2) if the appropriate rent control agency or administrative agency\ndetermines that there was a material misstatement in an application\nfiled by a head of household for a second senior citizen rent increase\nexemption order pursuant to this paragraph and that such misstatement\nprovided the basis for the granting of such second exemption order, the\nrent control agency or administrative agency shall proceed to impose a\npenalty on the applicant of one thousand dollars in addition to\nrecovering the amount of any prior exemption erroneously granted. For\npurposes of this paragraph, "contiguous" shall mean adjacent or next to.\n  i. (1) the entity administering the program shall develop\ninformational material describing eligibility for and benefits of the\nsenior citizen rent increase exemption program and the disability rent\nincrease exemption program administered pursuant to this section, and,\nhow additional information can be obtained regarding these programs.\nSuch informational material shall be provided to landlords of housing\naccommodations subject to provisions of the local emergency housing rent\ncontrol act, the emergency tenant protection act of nineteen\nseventy-four or any local laws enacted pursuant thereto, the emergency\nhousing rent control law, and the rent stabilization law of nineteen\nhundred sixty-nine.\n  (2) (A) a landlord of any housing accommodation subject to provisions\nof the local emergency housing rent control act, the emergency tenant\nprotection act of nineteen seventy-four or any local laws enacted\npursuant thereto, the emergency housing rent control law or the rent\nstabilization law of nineteen hundred sixty-nine shall, at least once\nannually, including with a new lease and all renewal leases and upon the\nannual registration of a housing accommodation as required by section\n26-517 of the administrative code of the city of New York delivered to\nthe occupant of such accommodation, provide the informational material\ndescribing eligibility for and the benefits of the senior citizen rent\nincrease exemption program and the disability rent increase exemption\nprogram, as provided by the entity administering the program pursuant to\nsubparagraph one of this paragraph.\n  (B) The state commissioner of housing and community renewal shall\nprovide notice to a tenant, the form of which shall be determined by\nsuch commissioner, clearly and conspicuously displaying the eligibility\nrequirements for the senior citizen rent increase exemption program and\nthe disability rent increase exemption program and the website address\nand telephone number where tenants may obtain more information. Such\ncommissioner shall provide such notice to a tenant at the same time as:\n  (i) Receipt of an application for a rent adjustment due to a major\ncapital 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, a maximum base rent\nadjustment pursuant to paragraph one of subdivision g of section 26-405\nof the administrative code of the city of New York.\n  (C) A company, as such term is defined in subdivision two of section\ntwelve of the private housing finance law, shall provide the notice\nrequired by clause (A) of this subparagraph to a tenant upon a rent\nincrease pursuant to section thirty-one of the private housing finance\nlaw, provided that the company shall provide such notice to a tenant at\nleast once annually.\n  3-a. The supervising agency shall develop and implement a plan that\nwill increase the ability of applicants and participants to obtain and\ncomplete its forms in a community setting. Additionally, the supervising\nagency shall make assistance available with respect to the completion of\nsuch forms. Such plan shall include, but not be limited to:\n  a. partnering with organizations, where available, that engage in\noutreach and provide supportive services to seniors within the community\nto make such forms available to potential applicants and current\nparticipants, as well as providing assistance with respect to the\ncompletion of such forms. Organizations that have contact with seniors\nin the community shall include, where applicable, but not be limited to\nsenior centers, community-based organizations, community boards\nestablished pursuant to section twenty-eight hundred of the New York\ncity charter, neighborhood preservation companies established pursuant\nto article sixteen of the private housing finance law, and rural\npreservation corporations established pursuant to article seventeen of\nthe private housing finance law;\n  b. partnering with other municipal entities or agencies to disseminate\ninformation and forms for the tax abatement program as well as provide\nassistance with the completion of such forms;\n  c. providing training for individuals in such partnering\norganizations, entities, and agencies to assist individuals in\ncompleting such forms for the tax abatement program;\n  d. authorizing organizations, entities, or agencies that offer\nassistance with forms pursuant to this subdivision to accept completed\nforms from applicants and participants and forward them to the\nsupervising agency. The supervising agency shall treat such forms as if\nthey had been received directly from the applicant or participant.\n  4. a. (1) The head of the household must apply every two years to the\nappropriate rent control agency or administrative agency for a tax\nabatement certificate on a form prescribed by said agency. Such form\nshall be made available to any organization, entity, or agency\npartnering with the supervising agency pursuant to subdivision three-a\nof this section. Any completed application received pursuant to\nparagraph d of subdivision three-a of this section shall be treated as\nif it had been received directly from the applicant or participant.\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) A tax abatement certificate setting forth an amount not in excess\nof the increase in maximum rent or legal regulated rent for the taxable\nperiod or such other amount as shall be determined under subdivision\nthree of this section shall be issued by said agency to each head of the\nhousehold who is found to be eligible under this section on or before\nthe last date prescribed by law for the payment of the taxes or the\nfirst installment thereof of any municipal corporation which has granted\nan abatement of taxes. Copies of such certificate shall be issued to the\nowner of the real property containing the dwelling unit of the head of\nthe household and to the collecting officer charged with the duty of\ncollecting the taxes of each municipal corporation which has granted the\nabatement of taxes authorized by this section. The appropriate rent\ncontrol agency or administrative agency shall send a notice of required\nrenewal to each head of household currently receiving an exemption under\nthis section via United States Postal Service to their primary residence\nno less than thirty days prior to the application renewal 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 administrative 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 administrative agency informing\nthe household that the rent increase exemption benefit has expired upon\nthe death of the head of household, whichever is later. Such notice\nshall include an explanation of the process to transfer the exemption to\nan eligible surviving household member and the time period to do so,\naccompanied by the form necessary to transfer the exemption.\n  5. Eligibility.  a. To qualify as a person with a disability for the\npurposes of this section, an individual shall submit to the appropriate\nrent control agency or administrative agency proof sufficient to such\nagency that such individual is currently receiving (i) social security\ndisability insurance (SSDI), (ii) supplemental security income (SSI)\nbenefits under the federal social security act, (iii) disability pension\nor disability compensation benefits provided by the United States\ndepartment of veterans affairs, (iv) disability pension or disability\ncompensation benefits provided by the United States Postal Service, or\n(v) those previously eligible by virtue of receiving disability benefits\nunder the supplemental security income program or the social security\ndisability program and currently receiving medical assistance benefits\nbased on determination of disability as provided in section three\nhundred sixty-six of the social services law.\n  b. Eligibility shall be determined as of a date prescribed by the\nappropriate rent control agency or administrative agency pursuant to the\nlocal law, ordinance or resolution and such local law, ordinance or\nresolution may provide for a pro rata refund of taxes paid prior to such\neligibility date or a credit therefor against the next succeeding tax\nperiods.\n  c. The entity that administers the tax abatement pursuant to this\nsection shall develop a system to ensure that participants that are\neligible for this tax abatement program pursuant to paragraph b of\nsubdivision three of this section and subsequently become eligible\npursuant to paragraph a of subdivision three of this section, shall have\ntimely notice of the need to reapply for the tax abatement program\nduring the first reapplication period after meeting the eligibility\ncriteria of paragraph a of subdivision three of this section and for\nevery reapplication thereafter based on their eligibility pursuant to\nparagraph a of subdivision three of this section.\n  d. An entity administering this program shall not consider any\neligibility criteria that are not contained in this section in\ndetermining whether to approve or deny an application for the tax\nabatement program.\n  6. The amount set forth in a tax abatement certificate shall be\ndeducted from the total taxes levied by or on behalf of the municipal\ncorporation which has granted such abatement on real property containing\nthe dwelling unit of a head of the household to whom the certificate has\nbeen issued. In the event that both a town and a village included\ntherein grant such abatement, such deduction for properties located in\nthe village shall be made first from taxes levied by or on behalf of the\nvillage and any excess thereof shall be deducted from town taxes.\n  7. Upon the vacancy of a dwelling unit for which an abatement\ncertificate has been issued, the owner thereof shall remit a pro rata\nportion of the tax abatement to the collecting officer of the municipal\ncorporation which granted such abatement and any amount due by reason of\nsuch vacancy shall be a lien upon the property on and after the date of\nsuch vacancy.\n  8. Where a tax abatement certificate has been issued to a head of the\nhousehold as authorized by a local law, ordinance or resolution adopted\npursuant to this section and the landlord collects or attempts to\ncollect all or part of the amount covered by such tax abatement\ncertificate, the amount of such abatement shall be deemed a rent\novercharge under the applicable rent control or rent regulation law.\n  9. In a city with a population of one million or more, any such local\nlaw, ordinance or resolution may provide that in the event the tax\nabatement certificate authorizes an amount of deduction in excess of the\nreal estate quarterly installment, then the balance may be applied to\nany subsequent installment until exhausted, provided that, at the\nrequest of the owner, such balance shall be paid to the owner in lieu of\nbeing applied to any subsequent installment, except where the owner is\nin arrears in the payment of real estate taxes on any property. For the\npurposes of such provision of any such local law, ordinance or\nresolution, where the owner is a corporation, it shall be deemed to be\nin arrears when any officer, director or any person holding an interest\nin more than ten percent of the issued and outstanding stock of such\ncorporation is in arrears in the payment of real estate taxes on any\nproperty; where title is held by a nominee, the owner shall be deemed to\nbe in arrears when the person for whose benefit such title is held is in\narrears in the payment of real estate taxes on any property.\n  10. In a city of one million or more, a head of household may apply\nfor a recalculation of his or her current rent increase exemption\namount, provided that such head of household's previous rent increase\nexemption expired on or after December thirty-first, two thousand\nthirteen; he or she was determined to be ineligible for a rent increase\nexemption renewal prior to July first, two thousand fourteen; and he or\nshe was determined eligible for a rent increase exemption under the\neligibility criteria that took effect July first, two thousand fourteen.\nThe tax exemption amount shall be recalculated as if such head of\nhousehold's previous rent increase exemption order, as adjusted by any\nother provision of this section, did not expire.\n  11. An entity that administers the tax abatement program pursuant to\nthis section shall implement and administer a program that develops\noutreach initiatives to identify individuals who meet the eligibility\ncriteria for the tax abatement program who are not participating in the\nprogram and ensure that they have information regarding the tax\nabatement program. Such outreach program may include, but shall not be\nlimited to, mailings, advertisements, public service announcements,\nliterature dissemination, internet technology, social media, community\noutreach, and partnerships with other municipal entities and agencies.\nAn entity that administers the tax abatement program may consult with\nany other person or entity deemed pertinent to develop the outreach\ninitiative.\n  12. Any municipality that adopts a local law, resolution, or ordinance\npursuant to subdivision two of this section shall develop a program to\nallow applicants and participants to ascertain the status of any tax\nabatement or the status of any form that has been filed by such\napplicant or participant on the applicant or participant's behalf\npursuant to this section. Such program shall include provisions to\nensure that applicants and participants whose primary language is not\nEnglish, who may have communication restrictions due to partial or total\nblindness, deafness, speech impediment, or cognitive impairment, and/or\nwho lack access to the internet may ascertain such status.\n  13. a. Within ten days of receiving any form for application, renewal,\nor adjustment of abatement for the tax abatement program, a letter\nacknowledging receipt of such form shall be sent to the applicant. Such\nletter shall include the date the form was received.\n  b. Within thirty days of the receipt of an application or renewal\napplication from an applicant, the entity that administers the tax\nabatement program shall approve the application or renewal application\nfor the tax abatement program, deny the application or renewal\napplication for the tax abatement program, or request further\ninformation or documentation from the applicant. If a request is made\nfor further information or documentation, the entity that administers\nthe tax abatement program shall have fifteen days after such information\nor documentation requested is received by the entity to either approve\nor deny the application or renewal application.\n  c. Within thirty days of the receipt of any form other than an\napplication or renewal application form from an applicant, the entity\nthat administers the program shall act on such form.\n  d. Within ten days of approving or rejecting an application or renewal\napplication pursuant to paragraph b of this subdivision or acting upon\nany other form pursuant to paragraph c of this subdivision, a written\nnotification shall be sent to the individual who made such application\nor renewal application or sent such form. Such written notification\nshall include the action taken by the entity administering the tax\nabatement program, the date such action was taken, what recourse is\navailable should the individual be dissatisfied with such action, and\nhow to pursue the recourse available.\n
N.Y. PBA Law § 1048-B — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-B
Definitions
Status: in_force

§ 1048-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" shall mean the public benefit corporation created by\nsection one thousand forty-eight-c of this title, known as the Buffalo\nmunicipal water finance authority.\n  2. "Bonds" shall mean bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n  3. "City" shall mean the city of Buffalo.\n  4. "Common council" or "council" shall mean the common council of the\ncity of Buffalo.\n  5. "Comptroller" shall mean the comptroller of the city.\n  6. "Construction" shall mean the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a water system or water\nproject as defined herein; the inspection and supervision thereof; and\nthe engineering, architectural, legal, fiscal and economic and\nenvironmental investigations and studies, surveys, designs, plans,\nworking drawings, specifications, procedures and other actions\nincidental thereto and claims arising therefrom.\n  7. "Contracting agency" shall mean any municipality, agency, authority\nor board, state agency, public authority or public benefit corporation\nauthorized to award contracts for design, construction, services or\nmaterials for water projects authorized by this title.\n  8. "Cost", as applied to any water project, shall include the cost of\nconstruction, the cost of the acquisition of all property, including\nboth real, personal and mixed, the cost of demolishing, removing or\nrelocating any buildings or structures on lands so acquired, including\nthe cost of acquiring any lands to which such buildings or structures\nmay be moved or relocated, the cost of all systems, facilities,\nmachinery, apparatus and equipment, financing charges, interest prior\nto, during and after construction to the extent not paid or provided for\nfrom revenues or other sources, the cost of engineering and\narchitectural surveys, plans and specifications, the cost of\nconsultants' and legal services, the cost of lease guarantee or bond\ninsurance, other expenses necessary, reasonably related or incidental to\nthe construction of such water project and the financing of the\nconstruction thereof, including the amount authorized in the resolution\nof the authority providing for the issuance of bonds to be paid into any\nreserve or other special fund from the proceeds of such bonds and the\nfinancing of the placing of any water project in operation, including\nreimbursement to any municipality, state agency, the state, the United\nStates government, or any other person for expenditures that would be\ncosts of the water project hereunder.\n  9. "Mayor" shall mean the mayor of the city of Buffalo.\n  10. "Municipal bond" shall mean a bond, note or other evidence of\nindebtedness lawfully issued by the city pursuant to the local finance\nlaw or any other law applicable thereto.\n  11. "Person" shall mean any person, firm, partnership, association, or\ncorporation organized or existing under the laws of the state or any\nother state, exclusive of public corporations as defined pursuant to\narticle two-A of the general construction law.\n  12. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, groundwater riparian\nrights and air rights and any and all things and rights included within\nsaid term and includes not only fees simple absolute, but also any and\nall lesser interests including, but not limited to, easements, rights of\nway, uses, leases, licenses and all other incorporeal hereditaments and\nevery estate, interest or rights, legal or equitable, including terms\nfor years and liens thereon by way of judgments, mortgages or otherwise.\n  13. "State" shall mean the state of New York.\n  14. "State agency" shall mean any state office, department, board,\ncommission, bureau or division, or other agency or instrumentality of\nthe state.\n  15. "System revenues" shall mean rents, fees, charges, payments and\nother income and receipts derived from users of a water system of the\ncity or the water board including, without limiting the generality of\nthe foregoing, investment proceeds and proceeds of insurance,\ncondemnation, sale or other disposition of any part thereof, together\nwith all federal or state aid therefor.\n  16. "Water board" shall mean the water board created by a special act\nof the state legislature, for the city as a body corporate and politic,\nconstituting a public benefit corporation, and having the powers and\nduties as provided in this title.\n  17. "Water facility" or "water facilities" shall mean any plants,\nstructures and other real and personal property acquired, rehabilitated,\nor constructed or planned for the purpose of supplying, distributing or\ntreating water, including but not limited to surface or groundwater\nreservoirs, basins, dams, canals, aqueducts, standpipes, conduits,\npipelines, mains, pumping stations, water distribution systems,\ncompensating reservoirs, intake stations, water-works or sources of\nwater supply, wells, purification or filtration plants or other\ntreatment plants and works, connections, water meters, rights of flowage\nor division and other plants, structures, equipment, conveyances, real\nor personal property or rights therein and appurtenances thereto\nnecessary or useful and convenient for the accumulation, supply,\ntreatment or distribution of water.\n  18. "Water project" shall mean any water facility including the\nplanning, development, financing or construction thereof.\n  19. "Water system" shall mean the water supply and distribution system\nor systems owned by, in the possession of the city or the water board or\nunder the jurisdiction, control and regulation of the city, including\nall additions, increases, enlargements, extensions or improvements\nthereto.\n
N.Y. EDN Law § 2586 — New York Code / Act EDN / Title 2 / Article 52 / Section 2586
Anniversary day as a holiday for pupils in the public schools of the borough of Brooklyn and in the borough of Queens, city of New York
Status: in_force

§ 2586. Anniversary day as a holiday for pupils in the public schools\nof the borough of Brooklyn and in the borough of Queens, city of New\nYork.  The first Thursday in June in each year, except in those years\nwhen the first Thursday in June occurs in the same week with Memorial\nday, and in such years the second Thursday in June, known as anniversary\nday, and celebrated in commemoration of the organization of Sunday\nschools, is hereby made and declared to be a holiday for pupils in all\nthe public schools in the borough of Brooklyn and in the borough of\nQueens, city of New York, and pupils shall not be required to attend the\npublic schools in such boroughs on such day.\n
N.Y. PML Law § 1321-B — New York Code / Act PML / Article 13 / Title 2-A / Section 1321-B
Requests for applications
Status: in_force

§ 1321-b. Requests for applications. Requests for applications shall\nbe handled in the same manner as provided for in section thirteen\nhundred twelve of this article for gaming licenses authorized but not\nawarded, provided however that any requests for applications for gaming\nfacility licenses authorized but not awarded may be for gaming facility\nlicenses in any region in zone one or in regions one, two and five in\nzone two.\n
N.Y. RPT Law § 1433 — New York Code / Act RPT / Article 14 / Title 2 / Section 1433
Certification and collection of taxes in certain counties
Status: in_force

§ 1433. Certification and collection of taxes in certain counties. All\nvillage taxes and assessments which have been or shall have been imposed\nin any such village shall be certified to said receiver of taxes by the\ntreasurer of the village and shall be collected by the receiver of\ntaxes, and any cancellations thereof by the proper authorities in\naccordance with law shall immediately upon any such cancellation be\ncertified to said receiver of taxes, and all such village taxes\nremaining unpaid and uncancelled shall be collected by the said receiver\nof taxes and deposited and a report made thereon to the village\ntreasurer and whenever required to the village board, as set forth in\nsection fourteen hundred thirty-one for the collection of current taxes.\nIn case that all taxes and assessments which shall have accrued and been\nimposed in such village the said receiver of taxes is hereby authorized,\ndirected and empowered to collect such taxes as hereinbefore provided,\nwith interest and penalties, pursuant to the provisions of the law under\nwhich such taxes and assessments accrued or were imposed, and in the\nmanner provided by law applicable to village collectors or receivers and\nto village treasurers to collect such taxes or assessments at the time\nof their imposition.\n
N.Y. LFN Law § 29.00 — New York Code / Act LFN / Article 2 / Title 2 / Section 29.00
Budget notes
Status: in_force

§ 29.00 Budget notes. a. 1. Any municipality or district corporation,\nother than a fire district, may issue budget notes during any fiscal\nyear for any unforeseeable public emergency during such year such as\nepidemic, conflagration, riot, storm, flood, earthquake or other unusual\nperil to the lives and property of the citizens of such unit of\ngovernment in such amount as the finance board shall determine to be\nnecessary, but no municipality may issue such notes for emergencies in\nbehalf of any local improvement district. Any school district may issue\nbudget notes during any fiscal year to provide temporary school\nbuildings or facilities in such year when such buildings or facilities\nare necessitated because of an unforeseeable public emergency during\nsuch year such as epidemic, conflagration, riot, storm, flood,\nearthquake or other unusual circumstance preventing the use in whole or\nin part, of the buildings or other facilities used by such school\ndistrict.\n  2. Any municipality or district corporation which adopts an annual\nbudget may issue budget notes during any fiscal year for expenditures\nfor which an insufficient or no provision is made in the annual budget\nfor such fiscal year in an amount not to exceed five per centum of the\namount of such annual budget.\n  Notwithstanding the foregoing limitation, any fire district may issue\nbudget notes pursuant to this subdivision in the amount of at least one\nthousand dollars. In addition, any county which adopts an annual budget\nmay issue budget notes pursuant to this subdivision without limitation\nas to amount for necessary expenditures for the apprehension and\nprosecution of persons charged with the commission of crime and for\nwhich an insufficient or no provision has been made in the annual budget\nfor such fiscal year. If, however, any such municipality or district\ncorporation may issue budget notes for any such expenditures pursuant to\nthe provisions of any other paragraph of this section, such municipality\nor district corporation shall not issue budget notes for any such\nexpenditures pursuant to this subdivision. Any town, and any county, in\ncomputing "the amount of the annual budget" for the purposes of this\nsubdivision shall not include any amounts which are to be paid in the\nfirst instance from improvement district assessments.\n  3. A school district may issue budget notes during the last nine\nmonths of any fiscal year for expenditures for which an insufficient or\nno provision is made in the annual budget for such fiscal year in an\namount not to exceed five per centum of such annual budget. The\nforegoing limitation shall not be applicable in any case in which a\nbudget note resolution has been adopted by the finance board of a school\ndistrict and has been approved by a majority of the qualified voters of\nthe school district present and voting at any annual or special meeting\nof the school district held pursuant to the provisions of the education\nlaw during the last nine months of such fiscal year. The notice for any\nsuch meeting, in addition to complying with applicable provisions of the\neducation law, must state that such budget note resolution will be\nsubmitted for approval by the voters at such meeting; the purpose for\nwhich moneys are proposed to be borrowed under such resolution; the\ntotal amount proposed to be borrowed, and the fiscal year in which taxes\nare required to be levied for the payment of the budget note proposed to\nbe issued. The vote at any such meeting on such proposition shall be by\nballot, or ascertained by taking and recording the ayes and noes of such\nqualified voters attending and voting at such meeting.\n  3-a. Notwithstanding any other provisions of this section, where a\nschool district can demonstrate to the satisfaction of the commissioner\nof education extenuating circumstances that a waiver is warranted for\nthe adoption of a budget note resolution by its finance board, upon\ncertification by the chief executive officer to the commissioner of\neducation, in such form as the commissioner of education shall determine\npursuant to guidelines developed, for the purpose of making additional\naccruals requirements in the two thousand four--two thousand five or two\nthousand five--two thousand six school years associated with changes in\naccounting methodologies for liabilities for employer and employee\ncontributions due and payable to a public retirement system that will\nresult in a tax increase to the residents of the district in the\nfollowing school year, a school district may issue budget notes during\nthe last nine months of the school year in which such resolution is\nadopted, or during the first three months of the following school year,\nin an amount not to exceed the amount of such additional accruals for\npublic pension liabilities. The limitation on the amount of budget notes\ncontained in subdivision three of this paragraph shall not be applicable\nto notes issued pursuant to this section and the amount of budget notes\nissued pursuant to this section shall not be included in the computation\nof such limitation.\n  4. Any fire district may issue budget notes for expenditures for\nnecessary repairs to any fire-fighting apparatus, fire-fighting vehicles\nor other motorized equipment of such fire district which has been\ndamaged as the result of an accident; but only to the extent that\nbudgetary appropriations for such purpose and the proceeds of insurance\nreceived on account of such damage and on hand at the time the repairs\nare completed are insufficient to pay for such damage. Unless a\nbudgetary appropriation for the payment of such notes is in existence at\nthe time the proceeds of any such insurance are received, such proceeds\nshall be used only for the payment of such notes.\n  5. Any municipality or fire district may issue budget notes during any\nfiscal year to provide for the payment in such fiscal year of the cost\nof insurance secured to indemnify against liability for benefits payable\nunder the volunteer firefighters' benefit law and for which cost an\ninsufficient or no provision was made in the annual budget of the\nmunicipality or fire district for such fiscal year. The aggregate amount\nof any such notes which may be issued for such purpose in a fiscal year\ncommencing after December thirty-first, nineteen hundred sixty-five,\nshall not exceed the sum by which the actual cost of such insurance to\nbe paid in the fiscal year in which such notes are issued exceeds the\nactual cost of such insurance in the fiscal year prior to the fiscal\nyear in which such notes are issued; provided, however, that this\nlimitation shall not apply in a case where the municipality or fire\ndistrict has not incurred any such cost in the fiscal year prior to that\nin which such notes are issued.\n  6. Any fire district may issue budget notes for expenditures for water\nsupply and in relation to fire hydrant maintenance and rental costs; but\nonly to the extent that budgetary appropriations for such purpose under\nsubdivision twelve of section one hundred seventy-six of the town law\nare insufficient to pay increased charges which the public service\ncommission has authorized and the fire district is required to pay in\nthe fiscal year in which the budget note is issued for such maintenance\nor rental.\n  7. Any fire district which elects to become liable for payments in\nlieu of contributions pursuant to section five hundred sixty-five of the\nlabor law and is required by the commissioner of labor to pay into the\nunemployment insurance fund an amount equal to the amount of benefits\npaid to claimants and charged to such fire district's account may issue\nbudget notes for such expenditures for the amount required to be so paid\nin the fiscal year in which the budget note is issued, but only to the\nextent that budgetary appropriations for such purpose are insufficient\nto pay such claim.\n  8. Any county, city, village, town, town on behalf of an ambulance\ndistrict, or town on behalf of a fire protection district which\ncontracts with an ambulance service which is not organized pursuant to\nsection two hundred nine-b of the general municipal law, may issue\nbudget notes during the first fiscal year in which it is required to pay\ncontributions to the volunteer ambulance workers' service award program,\nbut only to the extent that budgetary appropriations for such purpose\nare insufficient to pay such contributions.\n  b. Any municipality which adopts an annual budget may issue budget\nnotes during any fiscal year for either or both the following purposes:\n  1. The payment of the expenses for the removal of snow and ice,\nexclusive of salaries and wages of regular employees except for overtime\nwork and work on Sundays and holidays, or\n  2. The payment of the expenses for the demolition of unsafe buildings,\nto the extent that an insufficient provision shall have been made\ntherefor in the annual budget for such fiscal year, if such municipality\nis required by statute, local law or ordinance to include in its annual\nbudget for such fiscal year and each fiscal year thereafter either (a)\nan amount equal to at least the average of all expenditures for such\npurpose during each of the five preceding fiscal years for each purpose\nfor which such budget notes are to be issued, or (b) such amount as is\nprescribed in the schedule set forth below, for each purpose for which\nsuch budget notes are to be issued:\n  1. For such fiscal year, an amount equal to at least one-fifth of the\naverage of all expenditures for such purpose during each of the five\npreceding fiscal years.\n  2. For the first fiscal year succeeding such fiscal year, an amount\nequal to at least two-fifths of the average of all expenditures for such\npurpose during each of the five preceding fiscal years.\n  3. For the second fiscal year succeeding such fiscal year, an amount\nequal to at least three-fifths of the average of all expenditures for\nsuch purpose during each of the five preceding fiscal years.\n  4. For the third fiscal year succeeding such fiscal year, an amount\nequal to at least four-fifths of the average of all expenditures for\nsuch purpose during each of the five preceding years.\n  5. For the fourth fiscal year succeeding such fiscal year and for each\nsucceeding fiscal year thereafter, an amount equal to at least the\naverage of all expenditures for such purpose during each of the five\npreceding fiscal years.\nAny city, any county and any village having a population of five\nthousand or more, as determined pursuant to the latest available federal\ncensus, may adopt a local law or ordinance, and any other municipality\nmay adopt an ordinance requiring the inclusions of such amounts set\nforth in the above schedule for either of or both such purposes in its\nannual budget.\n  c. Any city which is required pursuant to law to include annually in\nits annual budget an amount for:\n  1. Judgments which may be obtained against the city and which may\nbecome due and payable during the fiscal year for which the budget is\nadopted,\n  2. Claims which may be settled or compromised and become payable\nduring such fiscal year, and\n  3. The repaving of streets\nmay issue budget notes for any of such purposes during a fiscal year if\nthe amount included in the annual budget for such fiscal year is\ninsufficient therefor.\n  d. Any municipality, school district or district corporation which is\nrequired by law to include in its annual budget the amount of judgments\nor compromised or settled claims which are outstanding at the time such\nbudget is prepared, may issue budget notes for the payment of any such\njudgment or claim. Such notes may be issued at any time prior to the\nearliest time at which tax anticipation notes may be issued by such\nmunicipality, school district or district corporation pursuant to\nsection 24.00 of this chapter in anticipation of the levy or collection\nof taxes for such budget. If such notes are issued in a fiscal year\nprior to the preparation of an annual budget during such fiscal year, an\nappropriation for their redemption shall be included in such next budget\nwhen it is prepared. If such notes are issued after an appropriation has\nbeen included in an annual budget for the payment of the judgments or\nclaims for which the notes are issued, such notes shall be redeemed from\nsuch appropriation. Such budget notes may be renewed from time to time,\nbut such notes including renewals thereof shall mature not later than\nthe close of the fiscal year for which such annual budget is adopted.\n  e. Any city, county or town, during any fiscal year or, in the case of\nthe city of New York, within ninety days after the close of such fiscal\nyear, for which it shall make a supplemental, deficiency or additional\nappropriation for one or more purposes authorized by or under the\nprovisions of the social services law, including the administration\nthereof, may issue budget notes for the amount of the local share of the\ncost thereof.\n  e-1. If any town has made an appropriation in its annual budget for\nany fiscal year for its share of the cost of an approved project under\narticle eight-A of the highway law, and the appropriation is\ninsufficient, the town may issue budget notes in such fiscal year to\nfinance such share in an amount not to exceed fifty per centum of the\ntown's share of the cost of such project. Budget notes may not be issued\nunder any other paragraph of this section to finance any portion of the\ntown's share of the cost of an approved project under such article\neight-A of the highway law.\n  f. If any municipality which is authorized or required by law to\ninclude in its annual budget an estimate of the amount of state, county\ndistrict and other county taxes to be levied on the real property within\nsuch municipality for or during the fiscal year for which such budget is\nadopted, underestimates the amount that is actually levied, such\nmunicipality may issue budget notes for the payment of all or part of\nsuch deficiency.\n  g. If any portion of the taxes or assessments levied by a\nmunicipality, school district or district corporation in any fiscal year\nare cancelled prior to the collection thereof pursuant to a\ndetermination by a court in an action or proceeding brought by the\ntaxpayer, or, in the case of a school district with the written approval\nand consent of the commissioner of education under section thirty-five\nhundred twelve of the education law, such municipality, school district\nor district corporation may issue budget notes in the fiscal year in\nwhich any such cancellation occurs in an amount not in excess of the\namount of taxes or assessments so cancelled. The proceeds of such notes\nshall be used only for the purposes for which such taxes or assessments\nso cancelled were levied, or for the redemption of tax anticipation\nnotes which had been issued in anticipation of the collection of the\ntaxes or assessments so cancelled and for the redemption of which notes\nno other provision has been made, or for the redemption of budget notes\nin renewal of which they were issued.\n  h. Any county which does not adopt an annual budget may issue budget\nnotes during any fiscal year to pay accounts, claims, demands or charges\nwhich may be directed to be paid pursuant to the provisions of any law\nin an amount not in excess of the total amount of such accounts, claims,\ndemands or charges directed to be paid in such fiscal year and for which\nan insufficient or no provision was made in the estimate upon which the\ntax levy for such fiscal year was based. No county shall issue budget\nnotes pursuant to this paragraph on or after January first, nineteen\nhundred fifty-one; provided that budget notes issued prior to such date\npursuant to this paragraph may be renewed as provided in paragraph j of\nthis section.\n  i. Any town on behalf of a town improvement district situated therein,\nor any county on behalf of a county improvement district situated\ntherein, may issue budget notes during any fiscal year for expenditures\nfor which an insufficient or no provision is made in the annual estimate\nfor such improvement district as finally adopted for such fiscal year in\nan amount not to exceed five per centum of the amount of such annual\nestimate.\n  j. Except as otherwise provided in paragraph d of this section, budget\nnotes may be renewed from time to time but such notes, including the\nrenewals thereof, shall mature not later than the close of the fiscal\nyear succeeding the fiscal year in which such notes are issued. However,\nsuch notes, including the renewals thereof, may mature not later than\nthe close of the second fiscal year succeeding the fiscal year in which\nsuch notes are issued, when authorized and issued during a fiscal year\nat a time subsequent to the date of the adoption of the annual budget\nfor the next succeeding fiscal year, by a municipality, school district\nor district corporation in which the total amount of taxes or\nassessments levied for a fiscal year is determined pursuant to an annual\nbudget adopted during the fiscal year preceding such fiscal year.\n  k. Budget notes shall be redeemed out of the taxes or assessments\nlevied or to be levied for the fiscal year in which they mature or out\nof other revenues of that fiscal year legally available for that\npurpose.\n  l. Notwithstanding the provisions of any general, special or local\nlaw, any municipality, school district or district corporation, which\nhas the power to issue budget notes under this section, shall to the\nsame extent have the power to appropriate and expend money received from\nthe proceeds of the sale of budget notes for the purposes for which such\nnotes are issued.\n  m. Notwithstanding the provisions of this section or any other law, no\ncity shall issue budget notes for the purpose of providing funds for the\npayment pursuant to section thirty-six-a of the rapid transit law, or\notherwise, of the amounts which the board of transportation or any other\nagency of such city determines or estimates, claims (including claims\nreduced to judgment) or certifies to the board of estimate or other\nanalogous local authority of such city, as the sum by which the revenues\nderived from operation of any railroad, as defined in section two of the\nrapid transit law, fail or will fail to provide for any costs and\nexpenses of operation and maintenance of such railroad for any period or\nperiods commencing on or after July first, nineteen hundred fifty-three.\nFor the purpose of this paragraph, such costs and expenses shall also\ninclude the payments or contributions paid or payable by the board of\ntransportation or the city during such period to any employees' pension\nor retirement system on account of membership therein of officers and\nemployees of such board of transportation.\n  n. Notwithstanding any other provision of this section, except where\nany obligations other than budget notes are or have been issued for the\nobject or purpose described in subdivision fifty-nine of paragraph a of\nsection 11.00 of this chapter, budget notes may be issued by a\nmunicipality, school district or district corporation, or by a county on\nbehalf of a county improvement district situated therein or by a town on\nbehalf of a town improvement district situated therein, pursuant to an\nirrevocable election to finance all or part of the employer's share of\nthe cost of retroactive coverage provided to its employees under the\nfederal old-age and survivors insurance system pursuant to section one\nhundred thirty-eight-a of the retirement and social security law where\nan insufficient or no provision is or has been made in the annual budget\nfor such cost.\n  o. Notwithstanding any other provision of this section, if any city in\nthis state having a population of one million or more includes in its\nannual budget for the fiscal year nineteen hundred seventy-one--nineteen\nhundred seventy-two an estimate in an amount not to exceed one hundred\nmillion dollars of additional revenues available to it as a result of a\nfederal program of general or special revenue sharing or any similar\nprogram or any combination of such programs which relieves a financial\nburden which would otherwise require expenditure from city tax receipts\nin such amount for the fiscal year, and if that estimate should exceed\nthe amount of such revenue that actually becomes available to it, such\ncity may issue during the last quarter of such fiscal year budget notes\nwhich shall have a maximum maturity of not more than one year for the\npayment of all or part of the amount of such overestimate, upon a\ndetermination by the state budget director of the amount of such\noverestimate.\n
N.Y. GMU Law § 902-A — New York Code / Act GMU / Article 18-A / Title 2 / Section 902-A
County of Lewis industrial development agency
Status: in_force

* § 902-a. County of Lewis industrial development agency. For the\nbenefit of the county of Lewis and the inhabitants thereof, an\nindustrial development agency, to be known as the COUNTY OF LEWIS\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 Lewis 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 governing body of the county of Lewis. The agency, its\nmembers, officers and employees and its operations and activities shall\nin all respects be governed by the provisions of title one of article\neighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. GMU Law § 759 — New York Code / Act GMU / Article 17-A / Title 2 / Section 759
Canvassing of vote; moratorium on further referendum
Status: in_force

§ 759. Canvassing of vote; moratorium on further referendum. 1. In any\nreferendum held pursuant to this title, the ballots cast shall be\ncounted, returns made and canvassed and results certified in the same\nmanner as other municipal elections or referendums for the local\ngovernment entities to be consolidated.\n  2. Consolidation shall not take effect unless a majority of the\nelectors voting in each local government entity to be consolidated vote\nin favor of consolidation. If in any one of the entities such a majority\nvote does not result, the referendum shall fail and consolidation shall\nnot take effect.\n  3. If consolidation is approved by a majority of the electors voting\nin each local government entity to be consolidated, certificates of such\nresult shall be immediately filed with the secretary of state and with\nthe clerks of the entities and county in which any part of the entities\nis situated.\n  4. If the referendum shall fail, the consolidation process specified\nby this title shall not be initiated for the same purpose within four\nyears of the date of such referendum. This subdivision, however, does\nnot apply to a permissive referendum conducted pursuant to section seven\nhundred sixty-three of this title.\n
N.Y. RPT Law § 489-CCCC — New York Code / Act RPT / Article 4 / Title 2-D / Section 489-CCCC
Temporary commercial incentive area boundary commission; classes of area; excluded areas
Status: in_force

§ 489-cccc. Temporary commercial incentive area boundary commission;\nclasses of area; excluded areas. 1. Any city enacting a local law\npursuant to section four hundred eighty-nine-bbbb of this title shall\nestablish a temporary commercial incentive area boundary commission to\nconsist of the deputy mayor for economic development and planning, the\ncommissioner of finance, the chair of the city planning commission, the\ndirector of management and budget, the borough presidents, the speaker\nof the city council and a public member appointed by the mayor to serve\nat the mayor's pleasure. Each member except the public member shall have\nthe power to designate an alternate to represent him or her at\ncommission meetings to exercise all the rights and powers of such\nmember, including the right to vote, provided that such designation be\nmade in writing to the chair of the commission. The deputy mayor for\neconomic development and planning shall be the chair of the commission.\nEach borough president shall be entitled to vote only on the designation\nof areas within his or her borough. Commission members who shall be\nofficers or employees of such city shall serve without compensation but\nshall be reimbursed for expenses necessarily incurred in the performance\nof their duties. Any other commission member shall receive as exclusive\ncompensation for his or her services one hundred dollars per diem,\nprovided, however, that the total compensation paid to any such member\nshall not exceed twelve hundred dollars for any calendar year. A\nmajority of members of such commission entitled to vote on a matter\nshall constitute a quorum for such issue. Decisions shall be made by\nmajority vote of those present entitled to vote on a matter.\nNotwithstanding any other law to the contrary, no officer or employee of\nthe state or any of its subdivisions or any public benefit corporation\nshall be deemed to have forfeited his or her office or employment or any\nbenefits provided under the retirement and social security law or under\nany public retirement system maintained by the state or any of its\nsubdivisions by reason of accepting membership on such commission.\n  2. (a) The commission shall meet in nineteen hundred ninety-two,\nnineteen hundred ninety-five, nineteen hundred ninety-nine and two\nthousand four to determine the boundaries of the various areas which it\nis authorized to designate pursuant to this section. The areas\ndesignated by the commission in effect as of December thirty-first,\nnineteen hundred ninety-one shall remain in effect until the first\ntaxable status date after the local legislative body approves a new\ndesignation pursuant to paragraph (d) of this subdivision.\n  (b) Not later than October first of each year when areas are to be\ndesignated, the commission shall publish a notice at least once in the\ncity's official paper or a newspaper of general circulation in the city\nsetting forth the proposed boundaries of areas to be designated and the\ndate, not earlier than five nor later than fifteen days following the\npublication of such notice, on which the commission will hold a public\nhearing to hear all persons interested in the designation of areas. A\ncopy of such notice shall be forwarded to the local legislative body and\neach community board of the city.\n  (c) The commission shall make such designation, and notify the local\nlegislative body of such designation, not later than November first of\neach year when areas are to be designated. The designation shall be\neffective as provided in paragraph (d) of this subdivision.\n  (d) Within thirty days after the first stated meeting of the local\nlegislative body following the receipt of notice of such designation,\nthe local legislative body may, by majority vote, disapprove such\ndesignation. If, within such thirty-day period, the local legislative\nbody fails to act or fails to act by the required vote, the local\nlegislative body shall be deemed to have approved such designation. Such\ndesignation shall be effective as of the first taxable status date after\nthe local legislative body approves such designation and shall remain in\neffect until the first taxable status date after the local legislative\nbody approves a new designation pursuant to this paragraph.\n  3. The commission may designate areas to be special exemption areas,\nregular exemption areas, deferral areas, or excluded areas in accordance\nwith the level of benefits such commission determines to be necessary to\nencourage commercial construction work in such areas, provided, however,\nthat designation of areas in the city of New York shall be made in\naccordance with the provisions of subdivisions four and five of this\nsection.\n  4. (a) In the city of New York, the commission may designate any area\nother than the area lying south of the center line of 96th Street in the\nborough of Manhattan, to be a special exemption area if it determines\nthat market conditions in the area are such that the availability of a\nspecial exemption is required in order to encourage commercial\nconstruction work in such area. In making such determination, the\ncommission shall consider, among other factors, the existence in such\narea of a special need for commercial and job development, high\nunemployment, economic distress or unusually large numbers of vacant,\nunderutilized, unsuitable or substandard structures, or other\nsubstandard, unsanitary, deteriorated or deteriorating conditions, with\nor without tangible blight.\n  (b) Any other area in such city, other than the area lying south of\nthe center line of 96th Street, which the commission has not designated\nas a special exemption area shall be a regular exemption area.\n  (c) In the city of New York, on or after January first, nineteen\nhundred ninety-two, the commission shall not designate any area to be\neither a deferral area or an excluded area, nor shall the commission\nmake any new designation in any urban renewal area designated pursuant\nto article fifteen of the general municipal law so as to reduce the\nlevel of benefits available pursuant to this title in such area.\n  (d) Notwithstanding any other provision of this title, any area in the\ncity of New York designated as an empire zone in accordance with article\neighteen-B of the general municipal law, which the commission has not\ndesignated as a special exemption area, shall be a special exemption\narea as of July first, nineteen hundred ninety-five or as of the date of\nthe designation of such area as an empire zone, whichever is later.\n  5. (a) The following area in the borough of Manhattan shall, except as\notherwise provided in paragraphs (b), (c) and (d) of this subdivision\nand subdivision six of this section, be an excluded area: the area in\nthe borough of Manhattan lying south of the center line of 96th Street\nand north of the center line of 23rd Street.\n  (b) The following areas in the borough of Manhattan shall, except as\notherwise provided in paragraph (d) of this subdivision and subdivision\nsix of this section, be excluded areas as of July first, nineteen\nhundred ninety-two; provided, however, that if an application for a\ncertificate of eligibility has been filed for commercial construction\nwork in such areas on or before December thirty-first, nineteen hundred\nninety-two and the recipient presents evidence satisfactory to the\ndepartment of finance: (i) (A) for a new building or structure, that\nconstruction has been completed on a foundation, as described in\napproved plans, on or before June thirtieth, nineteen hundred\nninety-three; or (B) for an existing building or structure, that at\nleast five per centum of the minimum required expenditure has been made\nfor commercial construction work, as described in approved plans, on or\nbefore June thirtieth, nineteen hundred ninety-three; and (ii) that all\nother requirements of this title have been met; then, a deferral of tax\npayments pursuant to subdivision four of section four hundred\neighty-nine-bbbb of this title shall be granted for such commercial\nconstruction work, except that no deferral of tax payments shall be\ngranted for commercial construction work on mixed-use property:\n  (1) the area delineated by a line beginning at the point where the\ncenter line of 96th Street would intersect the Hudson River Pierhead\nline and running easterly along the center line of 96th Street to the\ncenter line of Central Park West; thence southerly along said center\nline to the center line of 59th Street; thence westerly along said\ncenter line to the Hudson River Pierhead line; thence northerly along\nsaid Pierhead line to the point of beginning; and\n  (2) the area delineated by a line beginning at a point where the\ncenter line of 59th Street would intersect with a point one hundred\nfifty feet west of the center line of 8th Avenue and running easterly\nalong the center line of 59th Street to a point one hundred fifty feet\nwest of the center line of the Avenue of the Americas; thence southerly\nparallel to the Avenue of the Americas to a point which is the midpoint\nbetween the center line of 42nd Street and the center line of 41st\nStreet; thence westerly parallel to 41st Street to a point one hundred\nfifty feet west of the center line of 8th Avenue; thence northerly\nparallel to 8th Avenue to the point of beginning.\n  (c) The following area in the borough of Manhattan shall, except as\notherwise provided in paragraph (d) of this subdivision and subdivision\nsix of this section, be an excluded area as of January first, nineteen\nhundred ninety-three; provided, however, that if an application for a\ncertificate of eligibility has been filed for commercial construction\nwork in such area on or before December thirty-first, nineteen hundred\nninety-two and the recipient presents evidence satisfactory to the\ndepartment of finance: (i) (A) for a new building or structure, that\nconstruction has been completed on a foundation, as described in\napproved plans, on or before December thirty-first, nineteen hundred\nninety-three; or (B) for an existing building or structure, that at\nleast five per centum of the minimum required expenditure has been made\nfor commercial construction work, as described in approved plans, on or\nbefore December thirty-first, nineteen hundred ninety-three; and (ii)\nthat all other requirements of this title have been met, then, a\ndeferral of tax payments pursuant to subdivision four of section four\nhundred eighty-nine-bbbb of this title shall be granted for such\ncommercial construction work, except that no deferral of tax payments\nshall be granted for commercial construction work on mixed-use property:\nthe area delineated by a line beginning at the point where the center\nline of 59th Street would intersect with the Hudson River Pierhead line;\nthence southerly along said Pierhead line to the center line of Liberty\nStreet; thence easterly along said center line to the center line of\nChurch Street; thence northerly along said center line to the center\nline of Fulton Street; thence easterly along said center line to the\nEast River Pierhead line; thence northerly along said Pierhead line to a\npoint which is the midpoint between the center line of 34th Street and\nthe center line of 33rd Street; thence westerly parallel to 33rd Street\nto a point one hundred fifty feet west of the center line of the Avenue\nof the Americas; thence northerly parallel to the Avenue of the Americas\nto a point which is the midpoint between the center line of 42nd Street\nand the center line of 41st Street; thence westerly parallel to 41st\nStreet to a point one hundred fifty feet west of the center line of 8th\nAvenue; thence northerly parallel to 8th Avenue to the center line of\n59th Street; thence westerly along said center line to the point of\nbeginning.\n  (d) Notwithstanding the provisions of paragraphs (a), (b) and (c) of\nthis subdivision, the following areas in the borough of Manhattan shall\nbe renovation exemption areas: (i) as of July first, nineteen hundred\nninety-two and until June thirtieth, two thousand eight: the area in the\nborough of Manhattan lying south of the center line of 23rd Street; (ii)\nas of July first, nineteen hundred ninety-two and until January\nthirty-first, nineteen hundred ninety-five: the area in the borough of\nManhattan lying south of the center line of 96th Street and north of the\ncenter line of 23rd Street; and (iii) as of July first, nineteen hundred\nninety-five and until June thirtieth, two thousand eight the area in the\nborough of Manhattan lying south of the center line of 59th Street and\nnorth of the center line of 23rd Street.\n  6. Notwithstanding the provisions of subdivision five of this section,\nthe areas in the borough of Manhattan specified in paragraphs (a), (b)\nand (c) of this subdivision, except the "Project Area" described in a\nlease held by the Battery Park City Authority as tenant and originally\ndated as of November twenty-fourth, nineteen hundred sixty-nine and\nthereafter from time to time amended, shall be new construction\nexemption areas: (a) as of July first, nineteen hundred ninety-five and\nuntil December thirty-first, nineteen hundred ninety-six: the area in\nthe borough of Manhattan lying south of the center line of 96th Street,\nexcluding the area specified in paragraph (b) of this subdivision; and\n(b) as of July first, nineteen hundred ninety-five and until June\nthirtieth, two thousand three: the area in the borough of Manhattan\nbounded by Murray Street on the north starting at the intersection of\nWest Street and Murray Street; running easterly along the center line of\nMurray Street; connecting through City Hall Park with the center line of\nFrankfort Street and running easterly along the center line of Frankfort\nand Dover Streets to the intersection of Dover Street and South Street;\nrunning southerly along the center line of South Street to Peter Minuit\nPlaza; connecting through Peter Minuit Plaza to the center line of State\nStreet and running northwesterly along the center line of State Street\nto the intersection of State Street and Battery Place; running westerly\nalong the center line of Battery Place to the intersection of Battery\nPlace and West Street; and running northerly along the center line of\nWest Street to the intersection of West Street and Murray Street; and\n(c) as of July first, two thousand three and until June thirtieth, two\nthousand eight: the area in the borough of Manhattan bounded by Murray\nStreet on the north starting at the intersection of West Street and\nMurray Street; running easterly along the center line of Murray Street;\nconnecting through City Hall Park with the center line of Frankfort\nStreet and running easterly along the center line of Frankfort and Dover\nStreets to the intersection of Dover Street and South Street; running\nsoutherly along the center line of South Street to Peter Minuit Plaza;\nconnecting through Peter Minuit Plaza to the center line of State Street\nand running northwesterly along the center line of State Street to the\nintersection of State Street and Battery Place; running westerly along\nthe center line of Battery Place to the intersection of Battery Place\nand West Street; and running northerly along the center line of West\nStreet to the intersection of West Street and Murray Street, except the\narea in the borough of Manhattan bounded by Church Street on the east\nstarting at the intersection of Liberty Street and Church Street;\nrunning northerly along the center line of Church Street to the\nintersection of Church Street and Vesey Street; running westerly along\nthe center line of Vesey Street to the intersection of Vesey Street and\nWest Broadway; running northerly along the center line of West Broadway\nto the intersection of West Broadway and Barclay Street; running\nwesterly along the center line of Barclay Street to the intersection of\nBarclay Street and Washington Street; running southerly along the center\nline of Washington Street to the intersection of Washington Street and\nVesey Street; running westerly along the center line of Vesey Street to\nthe intersection of Vesey Street and West Street; running southerly\nalong the center line of West Street to the intersection of West Street\nand Liberty Street; and running easterly along the center line of\nLiberty Street to the intersection of Liberty Street and Church Street.\n
N.Y. EDN Law § 2018-E — New York Code / Act EDN / Title 2 / Article 41 / Part 1 / Section 2018-E
Early mail ballots for school district elections
Status: in_force

§ 2018-e. Early mail ballots for school district elections. 1. The\nboard of education of any union free, central or central high school\ndistrict which elects school board members by ballot and provides for\npersonal registration of voters, shall provide for early mail ballots\nfor the election of members of the board of education and school\ndistrict public library trustees, the adoption of the annual budget and\nschool district public library budget and referenda, in accordance with\nthe provisions of this section.\n  1-a. In counties with a population of one million or more, the board\nof education of any union free, central or central high school district\nwhich elects school board members by ballot and provides for personal\nregistration of voters shall provide for early mail ballots for the\nelection of members of the board of education and school district public\nlibrary trustees, the adoption of the annual budget and school district\npublic library budget and referenda, in accordance with the provisions\nof this section.\n  2. a. A qualified voter may vote as an early mail voter under this\nsection.\n  b. Each person entitled to vote as an early mail voter pursuant to\nthis section and desirous of obtaining an early mail ballot shall make\nwritten application therefor to the district clerk. Application forms\nfor use pursuant to this section shall be in a form prescribed by the\nstate board of elections. The use of any application which is on a form\nprescribed by the state board of elections shall be acceptable.\n  c. The application for an early mail ballot when filed must contain in\neach instance the following information:\n  (1) Applicant's full name, date of birth, and residence address,\nincluding the street and number, if any, rural delivery route, if any,\nmailing address if different from the residence address and an address\nto which the ballot shall be mailed.\n  (2) A statement that the applicant is a qualified and registered\nvoter.\n  d. Such application shall include the following statement to be signed\nby the voter:\n  I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of application for early mail\nballot, I shall be guilty of a misdemeanor.\nDate.....................Signature of Voter............................\n  e. An application must be received by the district clerk no earlier\nthan the thirtieth day before the election for which an early mail\nballot is sought. If the application requests that the early mail ballot\nbe mailed, such application must be received not later than seven days\nbefore the election. If the applicant or their agent delivers the\napplication to the district clerk in person, such application must be\nreceived not later than the day before the election. The district clerk\nshall examine each application and shall determine from the information\ncontained therein whether the applicant is qualified under this section\nto receive an early mail ballot.\n  f. No later than six days before the election for which an application\nhas been received and for which the district clerk has determined the\napplicant to be qualified to vote by early mail ballot the district\nclerk shall mail, by regular mail, an early mail ballot to each\nqualified applicant who has applied before such day and who has\nrequested that such early mail ballot be mailed to him or her at the\naddress set forth in their application. If the applicant or their agent\ndelivers the application to the district clerk in person after the\nseventh day before the election and not later than the day before the\nelection, the district clerk shall forthwith deliver such early mail\nballots for those applicants whom he or she determines are qualified to\nmake such applications and to receive such ballots to such applicants or\nthe agents named in the applications when such applicants or agents\nappear in the district clerk's office.\n  3. If, upon examining the application required under the provisions of\nsubdivision two of this section, and upon such inquiry as it deems\nproper, the board of registration shall be satisfied that the applicant\nis a qualified voter of the district entitled to vote by early mail\nballot, such board shall place their name upon the register, thereupon\nthe applicant shall be issued or mailed an early mail voter's ballot and\nthe board of registration shall make an appropriate entry on the\nregister indicating that an early mail ballot has been applied for by,\nand issued to, the applicant.\n  4. Ballots for early mail voters shall be, as nearly as practicable,\nin the same form as those to be voted at the district election; if the\nvote at such election shall be by ballot, the early mail ballot shall\nconform to the regular ballot; if the vote of such election shall be by\nvoting machine, the early mail ballot shall conform as closely as\npossible to the manner in which the names of the candidates, the\nquestions and the propositions appear on the voting machines, except\nthat the early mail ballot shall also contain a space for a write-in or\nwrite-ins. Such early mail ballots shall also contain instructions as to\nthe proper marking thereof, in accordance with the provisions of\nsections two thousand thirty-two and two thousand thirty-four of this\npart. On the back of such early mail ballots shall be printed the words\n"Official Ballot, Early Mail Voter".\n  5. a. The board of registration shall enclose each early mail voter's\nballot in an envelope which shall be labelled:\n                            ELECTION MATERIAL\n                             PLEASE EXPEDITE\n  On one side of such envelope shall be printed:\n                    OFFICIAL BALLOT, EARLY MAIL VOTER\n                                   for\n                        School District Election\nName of Voter ..............\nResidence (street and number, if any) ......\nCity (or Town) of .............\nCounty of .................\nSchool District ..............\nSchool Election District (if applicable) ......\n  The date of the election and name of the school district shall be\nprinted, and the name of the voter, residence, school district and\nschool election district (if applicable) shall be written in by the\nboard of registration.\n  b. On the reverse side of such envelope shall be printed the following\nstatement:\n                      STATEMENT OF EARLY MAIL VOTER\n  I do declare that I am a citizen of the United States, and will be at\nleast eighteen years of age, on the date of the school district\nelection; that I will have been a resident of this state and of the\nschool district and school election district, if any, shown on the\nreverse side of this envelope for thirty days next preceding the said\nelection and duly registered in the school district and school election\ndistrict, if any, shown on the reverse side of this envelope and that I\nam or on such date will be, a qualified voter of said school district;\nthat I have not qualified, or do I intend to vote, elsewhere than as set\nforth on the reverse side of this envelope; that I have not received or\noffered, do not expect to receive, have not paid, offered or promised to\npay, contributed, offered or promised to contribute to another to be\npaid or used, any money or other valuable thing, as a compensation or\nreward for the giving or withholding of a vote at this school district\nelection, and have not made any promise to influence the giving or\nwithholding of any such votes; that I have not made or become directly\nor indirectly interested in any bet or wager depending upon the result\nof this school district election; and that I have not been convicted of\nbribery or any infamous crime, or, if so convicted, that I have been\npardoned or restored to all the rights of a citizen, without restriction\nas to the right of suffrage, or received a certificate of relief from\ndisabilities or a certificate of good conduct pursuant to article\ntwenty-three of the correction law removing my disability to register\nand vote.\n  I hereby declare that the foregoing is a true statement to the best of\nmy knowledge and belief, and I understand that if I make any material\nfalse statement in the foregoing statement of early mail voter, I shall\nbe guilty of a misdemeanor.\nDate................... Signature of Voter............................\n  c. The envelope shall be gummed, ready for sealing, and shall have\nprinted thereon, on the side opposite the statement, instructions as to\nthe duties of the voter after the marking of the ballot, which\ninstructions shall include a specific direction stating that the\nenvelope must reach the office of the clerk of the school district not\nlater than five P.M. on the day of the election in order that their vote\nmay be canvassed.\n  d. A person who shall make any material false statement in the\nstatement of early mail voter appearing on the reverse side of the\nenvelope as provided in this subdivision, shall be guilty of a\nmisdemeanor.\n  6. The board of registration shall make a list of all persons to whom\nearly mail voter's ballots shall have been issued and file such list in\nthe office of the clerk where it shall be available for public\ninspection during regular office hours until the day of the election.\nAny qualified voter may, upon examination of such list, file a written\nchallenge of the qualifications as a voter of any person whose name\nappears on such list, stating the reasons for such challenge. A\nchallenge to an early mail voter may not be made on the basis that the\nvoter should have applied for an absentee ballot. Such written challenge\nshall be transmitted by the clerk to the inspectors of election on\nelection day.\n  7. a. The board of registration shall be authorized to call upon the\ncommissioner of police and the officers and members of the police force\nfor such assistance in the enforcement of the provisions of this section\nas such board shall require, and such commissioner and officers and\nmembers of the police force shall be authorized to render such\nassistance.\n  b. The board of registration may require any person to attend before\nit at the office of the clerk of the school district and be examined by\nthe board as to any matter in relation to which such board is charged\nwith a duty under this section, and may issue a subpoena therefor. Each\nmember of such board shall be authorized to administer any oath that may\nbe required or authorized by law in this connection.\n  8. No early mail voter's ballot shall be canvassed, unless it shall\nhave been received in the office of the clerk of the school district not\nlater than five P.M. on the day of the election.\n  9. The clerk of the district shall, on the day of the election,\ntransmit all early mail voters' envelopes, received by them in\naccordance with subdivision eight of this section, to the inspectors of\nelection.\n  10. If, at the school district election, any early mail voters'\nenvelopes shall have been received at the polling place, the inspectors\nof election immediately after the closing of the polls shall examine\nthem, and shall compare the signature, if any, on each envelope with the\nsignature, if any, on the register, of the person of the same name who\nregistered from the same address. If the signatures are found to\ncorrespond, the inspectors shall certify thereto by signing their\ninitials opposite the name of the voter at the appropriate place in the\nregister. If a person whose name is on an envelope as a voter, shall\nhave already voted in person at such school district election, or if\ntheir name, residence and signature, as stated on the envelope, are not\non the register, or if there is no signature on the envelope, this\nenvelope shall be laid aside unopened and be returned unopened to the\nclerk of the district. If such person is found to be registered and has\nnot so voted in person, and if no objection is made, or if an objection\nmade be not sustained, the envelope shall be opened and the ballot\nwithdrawn without unfolding and deposited in the proper box or boxes. At\nthe time of the deposit of such ballot, the inspectors shall enter the\nwords "early mail vote" at an appropriate place in the register.\n  11. During such examination any qualified voter present in the polling\nplace may object to the voting of the ballot contained in any envelope\nupon the ground or grounds that the person named thereon is not a\nqualified voter of the school district, or school election district\n(where applicable). An inspector shall make such an objection if he\nshall know or suspect that the person named on such envelope is not such\na qualified voter. The inspectors of election shall forthwith proceed to\ndetermine each objection including any written challenge transmitted to\nthem by the district clerk as provided in subdivision six of this\nsection. Unless the inspectors, by majority vote, shall sustain the\nobjection, the chairman, or if he refuses, another inspector shall\nendorse upon the envelope the objection and the words "not sustained,"\nshall sign such endorsement, and shall open the envelope and deposit the\nballot as provided in this section. Should the inspectors, by majority\nvote, sustain such objection, the objection and word "sustained" shall\nbe similarly endorsed upon the envelope, the envelope shall not be\nopened nor the ballots therein canvassed, and such envelope shall be\nreturned unopened to the clerk of the district. If the inspectors of\nelection shall have received an envelope endorsed with the name of a\nperson who to the knowledge of the inspectors is deceased on the day of\nthe election, the inspectors shall return such envelope unopened to the\nclerk of the district with the words "deceased--objection sustained"\nendorsed on the envelope.\n  12. If the inspectors of election shall have received an envelope, and\nupon opening the same no ballot shall be found therein, the inspectors\nshall make a memorandum showing that the ballot is missing. When the\ncasting of early mail voters' ballots shall have been completed, the\ninspectors shall ascertain the number of such ballots which have been\ndeposited in the ballot box by deducting from the number of envelopes\nopened the number of missing ballots, and shall make a separate return\nthereof in duplicate. The number of early mail voters' ballots deposited\nin the ballot box shall be added to the number of other ballots\ndeposited in the ballot box in order to determine the number of all\nballots to be accounted for in the ballot box. Such ballots shall then\nbe counted or canvassed by the inspectors of election along with the\nother ballots cast at such school district election, or, where voting\nmachines are used, shall be added to the votes recorded on such\nmachines.\n  13. Where the district shall have been divided into school election\ndistricts pursuant to the provisions of this chapter, the provisions of\nthis section shall be applicable, provided that any reference in this\nsection to the term "board of registration" shall in such case refer to\nthe board of registration appointed by the board of education for each\nschool election district, except that paragraph b of subdivision seven\nof this section shall apply according to its terms.\n
N.Y. PBA Law § 3150 — New York Code / Act PBA / Article 10-A / Title 2 / Section 3150
Definitions
Status: in_force

§ 3150. Definitions. As used in this section:\n  1. "Foundation" shall mean the New York state foundation for science,\ntechnology and innovation created by this title;\n  2. "Executive director" shall mean the executive director of the\nfoundation;\n  3. "Board" shall mean the New York state foundation for science,\ntechnology and innovation board;\n  4. "Regional partnerships" shall mean any association or group which\nis:  (a) comprised of local economic development organizations and a\ncenter of excellence as defined by section three of part T of chapter\neighty-four of the laws of two thousand two, or in the absence of such\ncenter in the region, at least one institution of higher education\ninvolved in commercialization efforts similar to such centers of\nexcellence and may include a combination of private businesses, business\nsupport organizations, commercial lending institutions, venture capital\ncompanies, angel investor networks or foundations; (b) formed for the\ncreation and administration of regional partnership programs; and (c)\ncertified by the foundation as the regional partnership;\n  5. "Regional partnership coordinator" shall mean a nonprofit\norganization chosen by a regional partnership and certified by the\nfoundation to administer the regional partnership programs;\n  6. "Partnership" shall mean regional partnerships; and\n  7. "Coordinator" shall mean regional partnership coordinator.\n
N.Y. PBA Law § 1048-I — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-I
Agreement among the water board, the city and the authority for the provision of water projects
Status: in_force

§ 1048-i. Agreement among the water board, the city and the authority\nfor the provision of water projects. 1. The authority, the water board\nand the city, acting by resolution of the common council of the city,\nmay enter into agreements for the purpose of providing for the\nconstruction and financing of a water project.\n  2. Any such agreements (i) shall describe in sufficient detail for\nreasonable identification the particular water project to be financed in\nwhole or in part by the authority, (ii) shall describe the plan for the\nfinancing of the cost of the construction of such water project,\nincluding the amount, if any, to be provided by the water board and the\nsource or sources thereof, (iii) shall set forth the method by which and\nby whom and the terms and conditions upon which moneys provided by the\nauthority shall be disbursed, (iv) may require, in the discretion of the\nauthority, the payment to the authority of the proceeds of any state and\nfederal grants available to the water board, (v) shall provide for the\nestablishment of user fees, rates, rents and other charges and the\ncharging and collection thereof by the water board for the use of, or\nservices furnished, rendered or made available by such system such as to\nprovide that such board receive revenues at least sufficient, together\nwith other revenues of the board, if any, to meet the requirements of\nsubdivision one of section one thousand forty-eight-j of this title,\nprovided that revenues received by such board shall be deposited in a\nspecial fund established pursuant to this title and disbursed to, and\nupon certification of, the authority, (vi) may provide for the transfer\nby the city to the water board pursuant to section one thousand\nforty-eight-h of this title of ownership of the water system of which\nsuch project will form a part, (vii) shall provide for the construction\nand completion of such water project by the city and for the operation,\nmaintenance and repair thereof as an integrated part of the system of\nwhich such water project forms a part, subject to such terms and\nconditions, not inconsistent with this title, which may be in the public\ninterest and necessary or desirable properly and adequately to secure\nthe holders of bonds of the authority, provided, however, all contracts\nfor public work and all purchase contracts shall be awarded by the city\nas provided by law for the award of such contracts by the city and that\nall contracts for construction shall be let in accordance with the\nprovisions of state law pertaining to prevailing wages, labor standards\nand working hours. Except as otherwise provided in section two hundred\ntwenty-two of the labor law, when the entire cost of constructing a\nbuilding as part of any water project shall exceed five hundred thousand\ndollars, the city shall prepare separate specifications for the\nfollowing three subdivisions of the work to be performed: (a) plumbing\nand gas fitting; (b) steam heating, hot water heating, ventilating and\nair conditioning apparatus; and (c) electric wiring and standard\nilluminating fixtures, (viii) shall provide for the discontinuance or\ndisconnection of the supply of water for non-payment of fees, rates,\nrents or other charges therefor imposed by the water board, provided\nsuch discontinuance or disconnection of any supply of water shall not be\ncarried out except in the manner and upon the notice as is required of a\nwaterworks corporation pursuant to subdivisions three-a, three-b and\nthree-c of section eighty-nine-b and section one hundred sixteen of the\npublic service law, and (ix) in the discretion of the authority, require\nreports concerning the project from the water board to the authority and\nthe city.\n  2-a. Each bidder on a public work contract, where the preparation of\nseparate specifications is not required, shall submit with its bid a\nseparate sealed list that names each subcontractor that the bidder will\nuse to perform work on the contract, and the agreed-upon amount to be\npaid to each, for: (a) plumbing and gas fitting, (b) steam heating, hot\nwater heating, ventilating and air conditioning apparatus and (c)\nelectric wiring and standard illuminating fixtures. After the low bid is\nannounced, the sealed list of subcontractors submitted with such low bid\nshall be opened and the names of such subcontractors shall be announced,\nand thereafter any change of subcontractor or agreed-upon amount to be\npaid to each shall require the approval of the public owner, upon a\nshowing presented to the public owner of legitimate construction need\nfor such change, which shall be open to public inspection. Legitimate\nconstruction need shall include, but not be limited to, a change in\nproject specifications, a change in construction material costs, a\nchange to subcontractor status as determined pursuant to paragraph (e)\nof subdivision two of section two hundred twenty-two of the labor law,\nor the subcontractor has become otherwise unwilling, unable or\nunavailable to perform the subcontract. The sealed lists of\nsubcontractors submitted by all other bidders shall be returned to them\nunopened after the contract award.\n  3. If the city executes an agreement pursuant to this section,\nrelating to the financing of water projects by revenue bonds, it shall\nhave and shall be deemed to have annulled its power to levy user fees,\nrents and other charges on participating properties or customers for the\ncost of financing, operating and maintaining such water projects under\nits jurisdiction until all bonds of the authority shall have been paid\nor discharged in accordance with the agreement and the resolution of the\nauthority authorizing such bonds. If the city has outstanding general\nobligation bonds issued for acquiring or constructing water facilities,\nwhether the bonds are payable from revenues, special assessments, or\ntaxes, it may authorize the authority pursuant to the agreement to issue\nits revenue bonds under this title for the purpose of retiring the\noutstanding bonds.\n  4. No such agreement shall be executed until the city and water board\nshall have held a public hearing at which users of the water system\nshall have had opportunity to be heard concerning the proposed\nprovisions thereof. Notice of such hearing shall be published at least\nthirty days in advance in the state register, in the official newspaper\nor newspapers of the city, and in at least one newspaper of general\ncirculation in each of the areas served by the water system.\n  5. Such agreement shall be effective upon the issuance by the\nauthority of notes and bonds to finance the cost of constructing water\nprojects of the city.\n  6. Any such agreement may be amended, revised or extended by\nsupplemental agreements authorized and executed in the same manner as\nthe original agreement, provided that any such supplemental agreement\nshall not be inconsistent with the provisions of this title.\n  7. (a) Following the execution of the agreement by and between the\nauthority, the water board and the city pursuant to this section, the\nclerk of the city, shall publish a notice in substantially the following\nform: "Notice is hereby given that the city of Buffalo has\non         day of                entered into an agreement with the\nBuffalo municipal water finance authority in relation to the\nconstruction and financing of (here insert a brief description of the\nwater facility or facilities to which such agreement relates) pursuant\nto the Buffalo Municipal Water Finance Authority Act for the purpose of\nplacing its water system on an independent basis, imposing fees and\nrents on water system users which, together with other revenues\navailable for such purpose, if any, are sufficient to pay to the\nauthority debt service on bonds issued by the authority pursuant to the\nagreement and for operation and maintenance of the facility (title to\nwhich is transferred to the water board pursuant to the agreement). Such\nagreement in general terms provides (here insert a brief summary of the\nsubstantive provisions of such agreement). A copy of the complete\nagreement is on file for public inspection in the office of the clerk of\nthe city where the same may be examined by any interested person during\nregular business hours. The validity of this agreement may be hereafter\ncontested only upon the ground or grounds that: (i) such agreement\nviolates, or the performance of any provision thereof by any party\nthereto would violate, the provisions of any law or the state\nconstitution, or (ii) the provisions of law which should have been\ncomplied with in relation to the authorization and execution were not\nsubstantially complied with, and in any event an action, suit or\nproceeding is commenced within sixty days after the date of this notice.\n                                                (Clerk or other official\n                                        designated by the common council\n                                                of the city of Buffalo)"\n  (b) The publication authorized by this subdivision shall be in the\nstate register and in the official newspaper or newspapers of the city.\n  (c) After the expiration of the sixty day period set forth in such\nnotice the validity of such agreement shall be conclusively presumed and\nthe validity thereof shall not thereafter be questioned by either a\nparty plaintiff or a party defendant and no court shall have\njurisdiction in any action, suit or proceeding contesting such validity.\n  (d) Neither any error or omission in the notice of publication\nprovided for in this subdivision shall affect or impair the validity of\nan agreement executed pursuant to this section so long as the notice\nsubstantially conforms to the provisions of this section.\n
N.Y. GMU Law § 925-Z — New York Code / Act GMU / Article 18-A / Title 2 / Section 925-Z
Town of Waterford industrial development agency
Status: in_force

* § 925-z. Town of Waterford industrial development agency. For the\nbenefit of the town of Waterford and the inhabitants thereof, an\nindustrial development agency, to be known as the WATERFORD INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies and provided that, except as\nprovided herein, the exercise of the powers by such agency with respect\nto the acquisition of real property whether by purchase, condemnation or\notherwise, shall be limited to the corporate limits of the town of\nWaterford, and such agency shall take into consideration the local\nzoning and planning regulations as well as the regional and local\ncomprehensive land use plans; provided, however, that in the event a\nproject which is to be located partially outside the corporate limits of\nthe town of Waterford and on a parcel or parcels of land contiguous to\nthe town of Waterford, such agency may acquire real property without the\ncorporate limits of the town of Waterford, whether by purchase,\ncondemnation or otherwise, only after it has obtained the prior consent\nof the governing bodies of all the other municipal corporations in which\na part or parts of the project is to be located. It shall be organized\nin a manner prescribed by and be subject to the provisions of title one\nof article eighteen-A of this chapter. Its members shall be appointed by\nthe governing body of the town of Waterford. The agency, its members,\nofficers and employees and its operations and activities shall in all\nrepects be governed by the provisions of title one of article eighteen-A\nof this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. GMU Law § 927-D — New York Code / Act GMU / Article 18-A / Title 2 / Section 927-D
City of Utica industrial development agency
Status: in_force

* § 927-d. City of Utica industrial development agency. For the\nbenefit of the city of Utica and the inhabitants thereof, an industrial\ndevelopment agency, to be known as the CITY OF UTICA INDUSTRIAL\nDEVELOPMENT AGENCY, is hereby established for the accomplishment of any\nor all of the purposes specified in title one of article eighteen-A of\nthis chapter. It shall constitute a body corporate and politic, and be\nperpetual in duration. It shall consist of five members who shall be\nappointed by the mayor of the city of Utica, and its chairman shall be\ndesignated by such mayor. It shall have the powers and duties now or\nhereafter conferred by title one of article eighteen-A of this chapter\nupon industrial development agencies. It shall organize in a manner\nprescribed by and be subject to the provisions of title one of article\neighteen-A of this chapter. The agency, its members, officers and\nemployees, and its operations and activities shall in all respects be\ngoverned by the provisions of title one of article eighteen-A of this\nchapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. PML Law § 1321-J — New York Code / Act PML / Article 13 / Title 2-A / Section 1321-J
Siting evaluation
Status: in_force

§ 1321-j. Siting evaluation. In determining whether an applicant shall\nbe eligible for a gaming facility license, the board shall evaluate and\nmake a determination of how each applicant proposes to advance the\nfollowing objectives with consideration given to the differences between\nproposed projects related to whether it is a conversion of an existing\nvideo lottery gaming facility or new facility construction, and the\nproposed location. The board shall also conduct an analysis of the\nrevenue impact of each applicant's proposed gaming facility on existing\nfacilities and potential new facilities.\n  1. The decision by the board to select a gaming facility license\napplicant shall be weighted by seventy percent based on economic\nactivity and business development factors including:\n  (a) realizing capital investment exclusive of land acquisition and\ninfrastructure improvements;\n  (b) maximizing revenues received by the state and localities;\n  (c) providing the highest number of quality jobs in the gaming\nfacility;\n  (d) building a gaming facility of the highest caliber with a variety\nof quality amenities;\n  (e) offering the highest and best value to patrons to create a secure\nand robust gaming market in the region and the state;\n  (f) detailing the benefits of the site location of the gaming facility\nand the estimated recapture rate of gaming-related spending by residents\ntravelling to an out-of-state gaming facility;\n  (g) offering a reasonable and feasible construction schedule to\ncompletion of the full gaming facility;\n  (h) demonstrating the ability to fully finance the gaming facility;\nand\n  (i) demonstrating experience in the development and operation of a\nquality gaming facility;\n  2. The decision by the board to select a gaming facility license\napplicant shall be weighted by ten percent based on local impact siting\nfactors including:\n  (a) mitigating potential impacts on host and nearby municipalities\nwhich might result from the development or operation of the gaming\nfacility;\n  (b) operating in partnership with and promoting local hotels,\nrestaurants and retail facilities so that patrons experience the full\ndiversified regional tourism industry; and\n  (c) establishing a fair and reasonable partnership with live\nentertainment venues that may be impacted by a gaming facility under\nwhich the gaming facility actively supports the mission and the\noperation of the impacted entertainment venues;\n  3. The decision by the board to select a gaming facility license\napplicant shall be weighted by ten percent based on workforce\nenhancement factors including:\n  (a) implementing a workforce development plan that utilizes the\nexisting labor force, including the estimated number of construction\njobs a proposed gaming facility will generate, the development of\nworkforce training programs that serve the unemployed and methods for\naccessing employment at the gaming facility;\n  (b) taking additional measures to address problem gambling including,\nbut not limited to, training of gaming employees to identify patrons\nexhibiting problems with gambling;\n  (c) utilizing sustainable development principles including, but not\nlimited to:\n  (1) having new and renovation construction certified under the\nappropriate certification category in the Leadership in Energy and\nEnvironmental Design Green Building Rating System created by the United\nStates Green Building Council;\n  (2) efforts to mitigate vehicle trips;\n  (3) efforts to conserve water and manage storm water;\n  (4) demonstrating that electrical and HVAC equipment and appliances\nwill be Energy Star labeled where available;\n  (5) procuring or generating on-site ten percent of its annual\nelectricity consumption from renewable sources; and\n  (6) developing an ongoing plan to submeter and monitor all major\nsources of energy consumption and undertake regular efforts to maintain\nand improve energy efficiency of buildings in their systems;\n  (d) establishing, funding and maintaining human resource hiring and\ntraining practices that promote the development of a skilled and diverse\nworkforce and access to promotion opportunities through a workforce\ntraining program that:\n  (1) establishes transparent career paths with measurable criteria\nwithin the gaming facility that lead to increased responsibility and\nhigher pay grades that are designed to allow employees to pursue career\nadvancement and promotion;\n  (2) provides employee access to additional resources, such as tuition\nreimbursement or stipend policies, to enable employees to acquire the\neducation or job training needed to advance career paths based on\nincreased responsibility and pay grades; and\n  (3) establishes an on-site child day care program;\n  (e) purchasing, whenever possible, domestically manufactured slot\nmachines for installation in the gaming facility;\n  (f) implementing a workforce development plan that:\n  (1) utilizes the existing labor force in the state;\n  (2) estimates the number of construction jobs a gaming facility will\ngenerate and provides for equal employment opportunities and which\nincludes specific goals for the utilization of minorities, women and\nservice-disabled veterans on those construction jobs;\n  (3) identifies workforce training programs offered by the gaming\nfacility; and\n  (4) identifies the methods for accessing employment at the gaming\nfacility; and\n  (5) incorporates a workforce diversity framework, which is scored\nunder subdivision four of this section.\n  (g) demonstrating that the applicant has an agreement with organized\nlabor, including hospitality services, and has the support of organized\nlabor for its application, which specifies:\n  (1) the number of employees to be employed at the gaming facility,\nincluding detailed information on the pay rate and benefits for\nemployees and contractors in the gaming facility and all infrastructure\nimprovements related to the project; and\n  (2) detailed plans for assuring labor harmony during all phases of the\nconstruction, reconstruction, renovation, development and operation of\nthe gaming facility.\n  4. The decision by the board to select a gaming facility license\napplicant shall be weighted by ten percent based on a diversity\nframework. Diversity framework factors shall include, but not be limited\nto, the following:\n  (a) workforce demographics including current employment of minorities,\nwomen and service-disabled veterans in permanent and part-time jobs at\nthe applicant's gaming facilities;\n  (b) diversity in the ownership and leadership of the corporate entity;\n  (c) efforts the applicant is currently undertaking to ensure diversity\nat its facilities and plans to undertake at this proposed facility\nincluding:\n  (1) establishing mentorship opportunities and other business\ndevelopment programs;\n  (2) incorporating an affirmative action program of equal opportunity\nby which the applicant guarantees to provide equal employment\nopportunities to all employees qualified for licensure in all employment\ncategories, including minorities, women and persons with disabilities;\n  (3) providing specific goals for the inclusion of minorities, women\nand veterans on construction jobs;\n  (4) ensuring that any contractors or subcontractors to any contractor\nmake good faith efforts to provide minorities, women and veterans an\nopportunity to participate in the workforce;\n  (5) working and partnering with minority-owned businesses;\n  (6) developing a plan of action that shall promote diversity in its\nbusiness model, financing, employment goals, and other social and\neconomic equity roles in the gaming industry; and\n  (7) any such further criteria as the board shall see fit for inclusion\nafter consultation with the division of minority and women's business\ndevelopment in the department of economic development.\n
N.Y. ELN Law § 14-209 — New York Code / Act ELN / Article 14 / Title 2 / Section 14-209
Enforcement and penalties for violations and other proceedings
Status: in_force

§ 14-209. Enforcement and penalties for violations and other\nproceedings. 1. Civil penalties. Violations of any provisions regarding\npublic campaign financing stated in this title or regulation promulgated\npursuant to this title shall be subject to a civil penalty in an amount\nnot in excess of fifteen thousand dollars and such other lesser fines as\nthe PCFB may promulgate in regulation. Candidates may contest alleged\nfailures to file, late reports and reports with noticed deficiencies and\nhave an opportunity to be heard by the PCFB. The PCFB shall promulgate a\nregulation setting forth a schedule of fines for such infractions\nincluding those that it may assess directly on violators. The PCFB shall\ninvestigate referrals and complaints. After investigation, it may\nrecommend dismissal, settlement, civil action, or referral to law\nenforcement. The PCFB may assess penalties and it is authorized to\ncommence a civil action in court to enforce all penalties and recover\nmoney due.\n  2. Notice of violation and opportunity to be heard. The PCFB shall:\n  (a) determine whether a violation of any provision of this title or\nregulation promulgated hereunder has been committed;\n  (b) serve written notice upon each person or entity it has reason to\nbelieve has committed a violation and such written notice shall describe\nwith particularity the nature of the alleged violation including a\nwritten reference to a specific law or regulation alleged to have been\nviolated;\n  (c) provide such person or entity an opportunity to be heard pursuant\nto the state administrative procedure act and any regulations of the\nPCFB; and\n  (d) if appropriate, assess penalties for violations, following such\nnotice and opportunity to be heard.\n  3. Criminal conduct. Any person who knowingly and willfully furnishes\nor submits false statements or information to the PCFB in connection\nwith its administration of this title shall be guilty of a misdemeanor\nin addition to any other penalty as may be imposed under this chapter or\npursuant to any other law. The attorney general, upon referral from the\nPCFB, shall have exclusive authority to prosecute any such criminal\nviolation. The PCFB shall seek to recover any public matching funds\nobtained as a result of such criminal conduct.\n  4. Court proceedings. Proceedings as to public financing brought under\nthis title shall have preference over all other causes in all courts.\n  (a) The determination of eligibility pursuant to this title and any\nquestion or issue relating to payments for campaign expenditures\npursuant to this title may be contested in a proceeding instituted in\nthe Supreme Court, Albany county by any aggrieved candidate.\n  (b) A proceeding with respect to such a determination of eligibility\nor payment for qualified campaign expenditures pursuant to this chapter\nshall be instituted within fourteen days after such determination was\nmade. The PCFB shall be made a party to any such proceeding.\n  (c) Upon the PCFB's failure to receive the amount due from a\nparticipating candidate or such candidate's authorized committee after\nthe issuance of written notice of such amount due, as required by this\ntitle, the PCFB is authorized to institute a special proceeding or civil\naction in Supreme Court, Albany county to obtain a judgment for any\namounts determined to be payable to the PCFB as a result of an\nexamination and audit made pursuant to this title or to obtain such\namounts directly from the candidate or authorized committee after a\nhearing at the PCFB.\n  (d) The PCFB shall settle or, in its sole discretion, institute a\nspecial proceeding or civil action in Supreme Court, Albany county to\nobtain a judgment for civil penalties determined to be payable to the\nPCFB pursuant to this title or to impose such penalty directly after a\nhearing at the PCFB.\n
N.Y. RPT Law § 421-G — New York Code / Act RPT / Article 4 / Title 2 / Section 421-G
Exemption from local taxation of certain multiple dwellings
Status: in_force

§ 421-g. Exemption from local taxation of certain multiple dwellings.\n1. When used in this section:\n  (a) "Aggregate floor area" shall mean the sum of the gross areas of\nthe several floors of a building, measured from the exterior faces of\nexterior walls or from the center lines of walls separating two\nbuildings.\n  (b) "Applicant" shall mean any person obligated to pay real property\ntaxes on the property for which an exemption from or abatement of real\nproperty taxes under this section is sought or in the case of exempt\nproperty, the record owner or lessee thereof.\n  (c) "Benefit period" shall mean the period of time when a recipient is\neligible to receive benefits pursuant to subdivisions two and three of\nthis section.\n  (d) "Certificate of eligibility" shall mean the document issued by the\ndepartment of housing preservation and development certifying a tax lot\nas eligible for benefits pursuant to this section.\n  (e) "Commencement of conversion" shall mean the date of issuance by\nthe department of buildings of a building permit for the conversion of a\nnon-residential building to an eligible multiple dwelling, provided\nhowever that such permit is issued on or after July first, nineteen\nhundred ninety-five and no later than June thirtieth, two thousand six.\n  (f) "Completion of conversion" shall mean the date of issuance by the\ndepartment of buildings of a temporary or permanent certificate of\noccupancy for the portion of the building for which an application for a\ncertificate of eligibility is filed.\n  (g) "Eligible area" shall mean any area of a city having a population\nof one million or more persons in which, subject to the applicable law\ngoverning zoning in such city, tax benefits pursuant to this section for\neligible multiple dwellings are available, provided, however, that in\nthe city of New York, subject to the applicable law governing zoning in\nsuch city, the eligible area in which tax benefits pursuant to this\nsection for eligible multiple dwellings are available shall mean the\narea in the borough of Manhattan bounded by Murray Street on the north\nstarting at the intersection of West Street and Murray Street; running\neasterly along the center line of Murray Street; connecting through City\nHall Park with the center line of Frankfort Street and running easterly\nalong the center lines of Frankfort and Dover Streets to the\nintersection of Dover Street and South Street; running southerly along\nthe center line of South Street to Peter Minuit Plaza; connecting\nthrough Peter Minuit Plaza to the center line of State Street and\nrunning northwesterly along the center line of State Street to the\nintersection of State Street and Battery Place; running westerly along\nthe center line of Battery Place to the intersection of Battery Place\nand West Street; and running northerly along the center line of West\nStreet to the intersection of West Street and Murray Street.\n  (h) "Eligible multiple dwelling" shall mean a class A multiple\ndwelling, except a hotel, created from conversion of a non-residential\nbuilding, provided, however, that such multiple dwelling is located\nwithin an eligible area, and provided further, however, that the\naggregate floor area of commercial, community facility and accessory use\nspace within such multiple dwelling does not exceed twenty-five per\ncentum of the aggregate floor area of such multiple dwelling.\n  (i) "Non-residential building" shall mean a structure or portion of a\nstructure having at least one floor, a roof and at least three walls\nenclosing all or most of the space used in connection with the structure\nor portion of the structure, which has a certificate of occupancy for\ncommercial, manufacturing or other non-residential use for not less than\nninety per centum of the aggregate floor area of such structure or\nportion of such structure, or other proof of such non-residential use as\nis acceptable to the department of housing preservation and development.\n  (j) "Person" shall mean an individual, corporation, limited liability\ncompany, partnership, association, agency, trust, estate, foreign or\ndomestic government or subdivision thereof, or other entity.\n  (k) "Recipient" shall mean an applicant to whom a certificate of\neligibility has been issued pursuant to this section, or the successor\nin interest of such applicant, provided that where a person who has\nentered into a lease or purchase agreement with the owner or lessee of\nexempt property has been a co-applicant, such person or the successor in\ninterest of such person shall be the recipient.\n  2. (a) Within a city having a population of one million or more\npersons, a tax lot containing an eligible multiple dwelling that is the\nsubject of a certificate of eligibility issued pursuant to this section\nshall be exempt from real property taxation for local purposes, other\nthan assessments for local improvements, on the amount of the assessed\nvalue attributable exclusively to the physical improvement, for a period\nnot to exceed twelve consecutive years beginning in the tax year\nimmediately following the issuance of a certificate of eligibility, so\nlong as such eligible multiple dwelling is used or held out for use for\ndwelling purposes, except as otherwise provided herein. During the first\neight years, the exemption shall equal the amount of the assessed value\nattributable exclusively to the physical improvement. During the ninth\nyear, the exemption shall equal eighty per centum of such amount; during\nthe tenth year, the exemption shall equal sixty per centum of such\namount; during the eleventh year, the exemption shall equal forty per\ncentum of such amount; and during the twelfth year, the exemption shall\nequal twenty per centum of such amount.\n  The following table shall illustrate the computation of the exemption\npursuant to this paragraph:\n   Tax Year Following                           Percentage of\n   Date of Issuance of                          Applicable\n   Certificate of Eligibility                   Exemption\n           1                                      100%\n           2                                      100%\n           3                                      100%\n           4                                      100%\n           5                                      100%\n           6                                      100%\n           7                                      100%\n           8                                      100%\n           9                                       80%\n          10                                       60%\n          11                                       40%\n          12                                       20%\n  (b) Notwithstanding paragraph (a) of this subdivision, within a city\nhaving a population of one million or more persons, a tax lot containing\nan eligible multiple dwelling that is the subject of a certificate of\neligibility issued pursuant to this section and that is in a building\nthat, in accordance with procedures set forth in local law, was\ndesignated as a landmark before completion of conversion shall be exempt\nfrom real property taxation for local purposes, other than assessments\nfor local improvements, on the amount of the assessed value attributable\nexclusively to the physical improvement, for a period not to exceed\nthirteen consecutive years beginning in the tax year immediately\nfollowing the issuance of a certificate of eligibility, so long as such\neligible multiple dwelling is used or held out for use for dwelling\npurposes, except as otherwise provided herein. During the first nine\nyears, the exemption shall equal the amount of the assessed value\nattributable exclusively to the physical improvement. During the tenth\nyear, the exemption shall equal eighty per centum of such amount; during\nthe eleventh year, the exemption shall equal sixty per centum of such\namount; during the twelfth year, the exemption shall equal forty per\ncentum of such amount; and during the thirteenth year, the exemption\nshall equal twenty per centum of such amount.\n  The following table shall illustrate the computation of the exemption\npursuant to this paragraph:\n   Tax Year Following                           Percentage of\n   Date of Issuance of                          Applicable\n   Certificate of Eligibility                   Exemption\n           1                                      100%\n           2                                      100%\n           3                                      100%\n           4                                      100%\n           5                                      100%\n           6                                      100%\n           7                                      100%\n           8                                      100%\n           9                                      100%\n          10                                       80%\n          11                                       60%\n          12                                       40%\n          13                                       20%\n  2-a. Within a city having a population of one million or more persons,\na tax lot containing a non-residential building shall be exempt from\nreal property taxation for local purposes, other than assessments for\nlocal improvements, on the amount of the assessed value attributable\nexclusively to the physical improvement, for the tax year immediately\nfollowing the first taxable status date that meets the following two\nconditions: (i) such taxable status date occurs after the commencement\nof conversion and (ii) such taxable status date is the first taxable\nstatus date on which an increase in assessed value attributable to such\nphysical improvement has been assessed. Notwithstanding the foregoing\nsentence, no such exemption shall be granted if completion of conversion\noccurs before the fifteenth day of April following such taxable status\ndate. In the event that an exemption granted pursuant to this\nsubdivision is not reflected on the final assessment roll prepared on\nthe basis of such taxable status date, the commissioner of finance is\nhereby authorized to refund or credit in the fiscal year relating to\nsuch taxable status date or in the next following fiscal year an amount\nequivalent to the exempt amount multiplied by the applicable tax rate.\nIn addition to any other basis for revocation of an exemption granted\npursuant to this section, the exemption granted pursuant to this\nsubdivision to a non-residential building shall be revoked if such\nbuilding is not converted into an eligible multiple dwelling that is the\nsubject of a certificate of eligibility issued pursuant to this section.\n  3. (a) Within a city having a population of one million or more\npersons, in addition to the benefits set forth in subdivision two of\nthis section, a tax lot containing an eligible multiple dwelling that is\nthe subject of a certificate of eligibility issued pursuant to this\nsection shall receive an abatement of real property taxes for a period\nnot to exceed fourteen consecutive years beginning in the tax year\nimmediately following the issuance of a certificate of eligibility, so\nlong as such eligible multiple dwelling is used or held out for use for\ndwelling purposes, except as otherwise provided herein. During the first\nyear, the abatement shall be equal to the amount of the real property\ntax that would have been due but for such abatement, provided, however,\nthat if the tax lot, during the first year of such abatement, was fully\nor partially exempt from real property taxes, other than pursuant to the\nexemption authorized by this section, then the abatement shall equal the\namount of the real property tax that would have been due but for such\nfull or partial exemption. During the second through tenth years, the\nabatement shall equal one hundred per centum of such amount; during the\neleventh year, the abatement shall equal eighty per centum of such\namount; during the twelfth year, the abatement shall equal sixty per\ncentum of such amount; during the thirteenth year, the abatement shall\nequal forty per centum of such amount; and during the fourteenth year,\nthe abatement shall equal twenty per centum of such amount.\n  The following table shall illustrate the computation of the abatement\npursuant to this paragraph:\n   Tax Year Following                           Percentage of\n   Date of Issuance of                          Applicable\n   Certificate of Eligibility                   Abatement\n           1                                      100%\n           2                                      100%\n           3                                      100%\n           4                                      100%\n           5                                      100%\n           6                                      100%\n           7                                      100%\n           8                                      100%\n           9                                      100%\n          10                                      100%\n          11                                       80%\n          12                                       60%\n          13                                       40%\n          14                                       20%\n  (b) Notwithstanding paragraph (a) of this subdivision, within a city\nhaving a population of one million or more persons, in addition to the\nbenefits set forth in subdivision two of this section, a tax lot\ncontaining an eligible multiple dwelling that is the subject of a\ncertificate of eligibility issued pursuant to this section and that is\nin a building that, in accordance with procedures set forth in local\nlaw, was designated as a landmark before completion of conversion shall\nreceive an abatement of real property taxes for a period not to exceed\nfifteen consecutive years beginning in the tax year immediately\nfollowing the issuance of a certificate of eligibility, so long as such\neligible multiple dwelling is used or held out for use for dwelling\npurposes, except as otherwise provided herein. During the first year,\nthe abatement shall be equal to the amount of the real property tax that\nwould have been due but for such abatement, provided, however, that if\nthe tax lot, during the first year of such abatement, was fully or\npartially exempt from real property taxes, other than pursuant to the\nexemption authorized by this section, then the abatement shall equal the\namount of the real property tax that would have been due but for such\nfull or partial exemption. During the second through eleventh years, the\nabatement shall equal one hundred per centum of such amount; during the\ntwelfth year, the abatement shall equal eighty per centum of such\namount; during the thirteenth year, the abatement shall equal sixty per\ncentum of such amount; during the fourteenth year, the abatement shall\nequal forty per centum of such amount; and during the fifteenth year,\nthe abatement shall equal twenty per centum of such amount.\n  The following table shall illustrate the computation of the abatement\npursuant to this paragraph:\n   Tax Year Following                           Percentage of\n   Date of Issuance of                          Applicable\n   Certificate of Eligibility                   Abatement\n           1                                      100%\n           2                                      100%\n           3                                      100%\n           4                                      100%\n           5                                      100%\n           6                                      100%\n           7                                      100%\n           8                                      100%\n           9                                      100%\n          10                                      100%\n          11                                      100%\n          12                                       80%\n          13                                       60%\n          14                                       40%\n          15                                       20%\n  (c) If, as a result of application to the tax commission or a court\norder or action by the department of finance, the billable assessed\nvalue is reduced, the department of finance shall recalculate the\nabatement utilizing such reduced billable assessed value. The amount\nequal to the difference between the abatement originally granted and the\nabatement as so recalculated shall be deducted from any refund otherwise\npayable or remission otherwise due as a result of such reduction in\nbillable assessed value, and any balance of such amount remaining unpaid\nafter making any such deduction shall be paid to the department of\nfinance within thirty days from the date of mailing by the department of\nfinance of a notice of the amount payable. Such amount payable shall\nconstitute a tax lien on the eligible multiple dwelling as of the date\nof such notice and, if not paid within such thirty-day period, penalty\nand interest at the rate applicable to delinquent taxes on such eligible\nmultiple dwelling shall be charged and collected on such amount from the\ndate of such notice to the date of payment.\n  4. If the aggregate floor area of commercial, community facility and\naccessory use space exceeds twelve per centum of the aggregate floor\narea of any building receiving benefits pursuant to this section, the\nbenefits provided pursuant to this section shall be equal to the amount\nprovided by subdivisions two, two-a and three of this section, reduced\nby a percentage equal to the difference between the per centum of the\naggregate floor area that is commercial, community facility and\naccessory use space and twelve per centum, provided, however, that if\nthe aggregate floor area of such building contains more than twenty-five\nper centum of commercial, community facility and accessory use space no\nbenefits shall be available pursuant to this section. In calculating\naggregate floor area for purposes of subdivision two-a of this section,\n"aggregate floor area" shall mean the intended aggregate floor area\nafter completion of conversion, as set forth in the building plans filed\nwith the department of buildings. If, after completion of conversion,\nthe actual aggregate floor area of commercial, community facility and\naccessory use space is greater than the intended aggregate floor area of\nsuch space and the actual aggregate floor area of such space exceeds\ntwelve per centum of the actual aggregate floor area, then the benefits\ngranted pursuant to subdivision two-a of this section shall be revoked\nor partially revoked, as required, to reflect the actual aggregate floor\narea of such space. If a building contains a separately assessed\nnon-residential parcel, the aggregate floor area of such parcel shall\nnot be considered in calculating the aggregate floor area of commercial,\ncommunity facility and accessory use space relevant to determining\neligibility for, and amount of, benefits pursuant to this section. For\nthe purposes of this section, accessory use space shall not include home\noccupation space or accessory parking space located not more than\ntwenty-three feet above the curb level.\n  5. Benefits under this section may not be combined with benefits under\nany other section of this chapter for the same tax lot.\n  6. Notwithstanding the provisions of any local law for the\nstabilization of rents in multiple dwellings or the emergency tenant\nprotection act of nineteen seventy-four, the rents of each dwelling unit\nin an eligible multiple dwelling shall be fully subject to control under\nsuch local law, unless exempt under such local law from control by\nreason of the cooperative or condominium status of the dwelling unit,\nfor the entire period for which the eligible multiple dwelling is\nreceiving benefits pursuant to this section, provided, however, that for\npurposes of this subdivision, an eligible multiple dwelling receiving\nbenefits pursuant to this section whose benefits are suspended,\nterminated or revoked by the department of housing preservation and\ndevelopment shall be deemed to be receiving benefits for the length of\ntime such benefits would have been received if such benefits had not\nbeen suspended, terminated or revoked, or for the period such local law\nis in effect, whichever is shorter. Thereafter, such rents shall\ncontinue to be subject to such control, except that such rents that\nwould not have been subject to such control but for this subdivision,\nshall be decontrolled if the landlord has included in each lease and\nrenewal thereof for such unit for the tenant in residence at the time of\nsuch decontrol a notice in at least twelve point type informing such\ntenant that the unit shall become subject to such decontrol upon the\nexpiration of benefits pursuant to this section.\n  7. (a) In a non-residential building of less than one hundred thousand\nsquare feet of aggregate floor area, completion of conversion to an\neligible multiple dwelling of at least seventy-five per centum of the\naggregate floor area of such non-residential building must take place\nwithin three years of commencement of conversion.\n  (b) Only the aggregate floor area for which conversion is completed\nwithin such three-year period shall be considered in calculating the\nexemption and abatement provided pursuant to this section.\n  (c) In a non-residential building of less than one hundred thousand\nsquare feet of aggregate floor area containing a separately assessed\nnon-residential parcel, the aggregate floor area of such separately\nassessed non-residential parcel shall not be considered in determining\nwhether seventy-five per centum of the aggregate floor area of such\nnon-residential building has been converted to an eligible multiple\ndwelling.\n  8. (a) In a non-residential building of one hundred thousand square\nfeet or more of aggregate floor area, completion of conversion to an\neligible multiple dwelling of at least seventy-five per centum of the\naggregate floor area of such non-residential building must take place\nwithin five years of commencement of conversion, provided, however, that\ncompletion of conversion to an eligible multiple dwelling of at least\nfifty per centum of the aggregate floor area of such non-residential\nbuilding must take place within three years of commencement of\nconversion, and provided further that proof of completion of partial\nconversion within three years shall be submitted with an application for\na certificate of eligibility for full exemption and abatement benefits\npursuant to this section.\n  (b) In a non-residential building of one hundred thousand square feet\nor more of aggregate floor area in which completion of conversion to an\neligible multiple dwelling of at least fifty per centum of the aggregate\nfloor area of such non-residential building has taken place within three\nyears of commencement of conversion, and which is the subject of a\ncertificate of eligibility for partial exemption and partial abatement\nissued pursuant to this section, partial exemption and partial abatement\nof real property taxes shall be available, as follows: (i) partial\nexemption benefits shall equal the amount of the assessed value\nattributable exclusively to the physical improvement resulting from the\nconversion of at least fifty per centum of the aggregate floor area of\nthe non-residential building that has received a temporary certificate\nof occupancy and (ii) partial abatement benefits shall be equal to the\namount of the real property tax that would have been due during the\nfirst year of such partial abatement but for such partial abatement upon\nthe amount of square feet of aggregate floor area of the non-residential\nbuilding that has received a temporary certificate of occupancy for\nconversion of at least fifty per centum of the aggregate floor area of\nthe non-residential building, provided, however, that if the tax lot,\nduring the first year of such partial abatement was fully or partially\nexempt from real property taxes, other than pursuant to the exemption\nauthorized by this section, then the partial abatement shall be equal to\nthe amount of real property tax that would have been due upon such\namount of square feet of aggregate floor area of the non-residential\nbuilding but for such full or partial exemption. Nothing in this\nparagraph shall be deemed to require an applicant to apply for partial\nexemption or abatement benefits pursuant to this section, provided,\nhowever, that if an applicant applies for a certificate of eligibility\nfor such benefits, he or she shall submit proof of completion of partial\nconversion with the application for such certificate.\n  (c) In a non-residential building of one hundred thousand square feet\nor more of aggregate floor area only the aggregate floor area for which\nconversion is completed within the five-year period specified in\nparagraph (a) of this subdivision or, in the case of partial exemption\nfrom or partial abatement of real property taxes, the three-year period\nspecified in paragraph (b) of this subdivision, shall be considered in\ncalculating the exemption and abatement provided pursuant to this\nsection, provided, however, that neither partial exemption from nor\npartial abatement of real property taxes shall be available for\ncommercial, community facility or accessory use space.\n  (d) In a non-residential building of one hundred thousand square feet\nor more of aggregate floor area containing a separately assessed\nnon-residential parcel, the aggregate floor area of such separately\nassessed non-residential parcel shall not be considered in determining\nwhether seventy-five per centum or, in the case of partial exemption\nfrom or partial abatement of real property taxes, fifty per centum of\nthe aggregate floor area of such non-residential building has been\nconverted to an eligible multiple dwelling.\n  (e) Any partial exemption from or partial abatement of real property\ntaxes granted pursuant to this section for a non-residential building of\none hundred thousand square feet or more of aggregate floor area shall\nbe revoked if completion of conversion to an eligible multiple dwelling\nof at least seventy-five per centum of the aggregate floor area of such\nnon-residential building has not taken place within five years of\ncommencement of conversion.\n  (f) The time periods specified in subdivisions two and three of this\nsection shall begin upon receipt of any partial exemption from or\npartial abatement of real property taxes for a non-residential building\nof one hundred thousand square feet or more of aggregate floor area.\n  9. (a) An application for a certificate of eligibility for full\nexemption and abatement benefits pursuant to this section shall be filed\nwith the department of housing preservation and development no later\nthan close of business day on the thirty-first day of March immediately\nfollowing the first taxable status date following completion of\nconversion. If a certificate of eligibility for partial exemption and\nabatement benefits pursuant to this section is sought by an applicant,\nan application for a certificate of eligibility for such benefits shall\nbe filed with the department of housing preservation and development no\nlater than close of business day on the thirty-first day of March\nimmediately following the first taxable status date following completion\nof partial conversion. The department of housing preservation and\ndevelopment shall issue a certificate of eligibility for benefits upon\ndetermining that the applicant satisfies the requirements of this\nsection.\n  (b) In addition to any other information required by the department of\nhousing preservation and development, an application for a certificate\nof eligibility for benefits under this section shall state that the\napplicant agrees to comply with and be subject to rules promulgated by\nthe department of finance and the department of housing preservation and\ndevelopment to secure compliance with this section and all applicable\nlocal, state and federal laws. Such application shall also certify that\nall taxes, water charges and sewer rents currently due and owing on the\nproperty which is the subject of the application have been paid or are\ncurrently being paid in timely installments pursuant to written\nagreement with the department of finance or other appropriate agency.\n  (c) The burden of proof shall be on the applicant to show by clear and\nconvincing evidence that the requirements for granting benefits under\nthis section have been satisfied. The department of housing preservation\nand development shall have the authority to require that statements in\nconnection with the application shall be made under oath.\n  (d) The department of finance and the department of housing\npreservation and development may promulgate rules to carry out the\npurposes of this section, including, but not limited to, rules providing\nfor such administrative charges or fees as are necessary to defray\nexpenses in administering the benefit program provided pursuant to this\nsection and rules defining, or expanding upon the definition of, terms\nused in this section.\n  10. Any tax lot which is partly located inside the eligible area shall\nbe deemed to be entirely located inside such area.\n  11. No benefits pursuant to this section shall be granted for any\nconversion to an eligible multiple dwelling unless the applicant shall\nfile, together with the application for a certificate of eligibility, an\naffidavit setting forth the following information:\n  (a) a statement that within the seven years immediately preceding the\ndate of application for a certificate of eligibility, neither the\napplicant, nor any person owning a substantial interest in the property\nas defined in paragraph (c) of this subdivision, nor any officer,\ndirector or general partner of the applicant or such person was finally\nadjudicated by a court of competent jurisdiction to have violated\nsection two hundred thirty-five of the real property law or any section\nof article one hundred fifty of the penal law or any similar arson law\nof another jurisdiction with respect to any building, or was an officer,\ndirector or general partner of a person at the time such person was\nfinally adjudicated to have violated such law; and\n  (b) a statement setting forth any pending charges alleging violation\nof section two hundred thirty-five of the real property law or any\nsection of article one hundred fifty of the penal law or any similar\narson law of another jurisdiction with respect to any building by the\napplicant or any person owning a substantial interest in the property as\ndefined in paragraph (c) of this subdivision, or any officer, director\nor general partner of the applicant or such person, or any person for\nwhom the applicant or person owning a substantial interest in the\nproperty is an officer, director or general partner.\n  (c) "Substantial interest" as used in this subdivision and subdivision\ntwelve of this section shall mean ownership and control of an interest\nof ten per centum or more in property or any person owning a property.\n  12. (a) If any person described in the statement required by paragraph\n(b) of subdivision eleven of this section or paragraph (b) of this\nsubdivision is finally adjudicated by a court of competent jurisdiction\nto be guilty of any charge listed in such statement, the recipient shall\ncease to be eligible for benefits pursuant to this section and shall\npay, with interest, any taxes for which benefits were claimed pursuant\nto this section.\n  (b) The recipient shall, on the certificate of continuing use, state\nwhether any charges alleging violation by the recipient or any person\nowning a substantial interest in the property, or any officer, director\nor general partner of the recipient or person owning a substantial\ninterest in the property, or any person for whom the recipient or person\nowning a substantial interest in the property is an officer, director or\ngeneral partner, of section two hundred thirty-five of the real property\nlaw or any section of article one hundred fifty of the penal law or any\nsimilar arson law of another jurisdiction, are pending. For purposes of\nthis paragraph, "substantial interest" shall have the same meaning as\nset forth in paragraph (c) of subdivision eleven of this section.\n  13. In addition to any other qualifications for benefits pursuant to\nthis section, an applicant must be:\n  (a) obligated to pay real property tax on the property for which\nbenefits are sought, whether such obligation arises because of record\nownership of such property, or because the obligation to pay such tax\nhas been assumed by contract; or\n  (b) the record owner or lessee of property which is exempt from real\nproperty taxation who has entered into an agreement to sell or lease\nsuch property to another person. Such person shall be a co-applicant\nwith such owner or lessee.\n  14. A co-applicant with a public entity shall be eligible to receive\nbenefits pursuant to this section, provided that for such period as the\nproperty which is the subject of the certificate of eligibility is\nexempt from real property taxation because it is owned or controlled by\na public entity no benefits shall be available to such recipient\npursuant to this section. Such recipient shall receive benefits pursuant\nto this section when such property ceases to be eligible for exemption\npursuant to other provisions of law, as follows: the recipient shall,\ncommencing with the date such tax exemption ceases, and continuing until\nthe expiration of the benefit period pursuant to this section, receive\nthe benefits to which such recipient is entitled in the corresponding\ntax year pursuant to this section.\n  15. For the duration of the benefit period, the recipient shall file\nannually with the department of housing preservation and development, on\nor before the taxable status date, a certificate of continuing use. Such\ncertificate shall be on a form prescribed by the department of housing\npreservation and development. The department of housing preservation and\ndevelopment shall have the authority to require such information as it\ndeems necessary to determine whether the recipient has established\ncontinuing eligibility for benefits. The department of housing\npreservation and development shall have the authority to terminate\nbenefits pursuant to this section upon failure of the recipient to file\nsuch certificate by the taxable status date. The burden of proof shall\nbe on the recipient to establish continuing eligibility for benefits and\nthe department of housing preservation and development may require that\nstatements made in such certificate shall be made under oath.\n  16. Any recipient whose property is the subject of a certificate of\neligibility for benefits pursuant to this section who converts aggregate\nfloor area within such property from the use authorized pursuant to this\nsection where such conversion results in less that seventy-five per\ncentum of the aggregate floor area of such property being used or held\nout for use for dwelling purposes, or where such conversion results in\nmore than twenty-five per centum of such aggregate floor area being used\nor held out for use for commercial, community facility or accessory use\nspace, or where such conversion in a building of one hundred thousand\nsquare feet or more of aggregate floor area that has a certificate of\neligibility for a partial exemption or partial abatement pursuant to\nsubdivision eight of this section results in less than fifty per centum\nof such aggregate floor area being used or held out for use for dwelling\npurposes, shall cease to be eligible for benefits as of the last date\nupon which the recipient met the requirements of this section and proves\nby clear and convincing evidence that at least seventy-five per centum\nof the aggregate floor area of the property was used or held out for use\nfor dwelling purposes, or twenty-five per centum or less of the\naggregate floor area of such property was used or held out for use for\ncommercial, community facility or accessory use space, or at least fifty\nper centum of the aggregate floor area of such property in a building of\none hundred thousand square feet or more which is receiving partial\nexemption or partial abatement benefits was used or held out for use for\ndwelling purposes, respectively. Such recipient shall pay, with\ninterest, any taxes for which benefits were claimed after such date,\nincluding the pro-rata share of tax for which any benefits were claimed\nduring the tax year in which the property was converted to a use not\neligible for benefits under this section.\n  17. All taxes plus interest required to be paid retroactively pursuant\nto this section shall constitute a tax lien as of the date that it is\ndetermined that such taxes and interest are owed. All interest shall be\ncalculated from the date the taxes would have been due but for the\nbenefits claimed pursuant to this section at three per centum above the\napplicable rate of interest imposed by such city generally for\nnon-payment of real property tax with respect to such property for the\nperiod in question.\n  18. (a) The department of housing preservation and development may\ndeny, reduce, suspend, terminate or revoke any exemption from or\nabatement of tax payments pursuant to this section whenever: (i) a\nrecipient fails to comply with the requirements of this section or the\nrules promulgated hereunder; or (ii) an application, certificate, report\nor other document submitted by an applicant or recipient pursuant to\nthis section or the rules promulgated hereunder contains a false or\nmisleading statement as to a material fact or omits to state any\nmaterial fact necessary in order to make the statements therein not\nfalse or misleading. The department of housing preservation and\ndevelopment may declare any applicant or recipient referred to in\nsubparagraph (i) or (ii) of this paragraph to be ineligible for future\nbenefits pursuant to this section for the same or other property.\n  (b) Notwithstanding any other law to the contrary, a recipient shall\nbe personally liable for any taxes owed pursuant to this section\nwhenever such recipient fails to comply with this section or the rules\npromulgated hereunder, or makes such false or misleading statement or\nomission, and the department of housing preservation and development\ndetermines that such act was due to the recipient's willful neglect, or\nthat under the circumstances such act constituted a fraud on the\ndepartment of housing preservation and development, or a buyer or\nprospective buyer of the property. The remedy provided herein for an\naction in personam shall be in addition to any other remedy or procedure\nfor the enforcement of collection of delinquent taxes provided by any\ngeneral, special or local law. Any lease provision which obligates a\ntenant to pay taxes which become due because of willful neglect or fraud\nby the recipient, or otherwise relieves or indemnifies the recipient\nfrom any personal liability arising hereunder, shall be void as against\npublic policy except where the imposition of such taxes or liability is\noccasioned by actions of the tenant in violation of the lease.\n  (c) In order to carry out the purposes of this section the department\nof housing preservation and development may administer oaths to and take\nthe testimony of any person, including but not limited to the owner of\nproperty which is the subject of an application for a certificate of\neligibility or a certificate of eligibility pursuant to this section and\nissue subpoenas requiring the attendance of persons and the production\nof such bills, books, papers or other documents as it shall deem\nnecessary.\n  (d) If, during the benefit period, any real property tax or water or\nsewer charge due and payable with respect to property receiving an\nexemption or abatement pursuant to this section shall remain unpaid for\nat least one year following the date upon which such tax or charge\nbecame due and payable, all exemptions and abatements granted pursuant\nto this section with respect to such property shall be revoked, unless\nwithin thirty days from the mailing of a notice of revocation by the\ndepartment of finance satisfactory proof is presented to the department\nof finance that any and all delinquent taxes and charges owing with\nrespect to such property as of the date of such notice have been paid in\nfull or are currently being paid in timely installments pursuant to a\nwritten agreement with the department of finance or other appropriate\nagency. Any revocation pursuant to this paragraph shall be effective\nwith respect to real property tax which became due and payable following\nthe date of such revocation.\n
N.Y. EDN Law § 2510 — New York Code / Act EDN / Title 2 / Article 51 / Section 2510
Abolition of office or position
Status: in_force

§ 2510. Abolition of office or position. 1. If the board of education\nabolishes an office or position and creates another office or position\nfor the performance of duties similar to those performed in the office\nor position abolished, the person filling such office or position at the\ntime of its abolishment shall be appointed to the office or position\nthus created without reduction in salary or increment, provided the\nrecord of such person has been one of faithful, competent service in the\noffice or position he has filled.\n  2. Whenever a board of education abolishes a position under this\nchapter, the services of the teacher having the least seniority in the\nsystem within the tenure of the position abolished shall be\ndiscontinued.\n  3. (a) If an office or position is abolished or if it is consolidated\nwith another position without creating a new position, the person\nfilling such position at the time of its abolishment or consolidation\nshall be placed upon a preferred eligible list of candidates for\nappointment to a vacancy that then exists or that may thereafter occur\nin an office or position similar to the one which such person filled\nwithout reduction in salary or increment, provided the record of such\nperson has been one of faithful, competent service in the office or\nposition he has filled. The persons on such preferred list shall be\nreinstated or appointed to such vacancies in such corresponding or\nsimilar positions in the order of their length of service in the system\nat any time within seven years from the date of abolition or\nconsolidation of such office or position. Notwithstanding any other\nprovision of law to the contrary, in the event that a member of the New\nYork state teachers' retirement system, who is receiving a disability\nretirement allowance, shall have such disability retirement allowance\nrescinded, such member shall be placed upon such preferred eligible list\nas of the effective date of his or her disability retirement.\n  (b) The persons on such preferred list shall be reinstated, in\naccordance with the terms of paragraph (a) of this subdivision, to such\nsubstitute positions of five months or more in duration, as may from\ntime to time occur without losing their preferred status on such list.\nDeclination of such reinstatement shall not adversely affect the\npersons' preferred eligibility status.\n  * 4. (a) The use of artificial intelligence systems as defined by\nsection one hundred three-e of the state technology law shall not affect\n(i) the existing rights of employees pursuant to an existing collective\nbargaining agreement, or (ii) the existing representational\nrelationships among employee organizations or the bargaining\nrelationships between the employer and an employee organization.\n  (b) The use of such artificial intelligence systems shall not result\nin the: (i) discharge, displacement or loss of position, including\npartial displacement such as a reduction in the hours of non-overtime\nwork, wages, or employment benefits, or result in the impairment of\nexisting collective bargaining agreements; or (ii) transfer of existing\nduties and functions currently performed by employees of the school\ndistrict to an artificial intelligence system.\n  (c) The use of such artificial intelligence system shall not alter the\nrights or benefits, and privileges, including but not limited to terms\nand conditions of employment and civil service status. The collective\nbargaining unit membership status of all existing employees of the board\nof education shall be preserved and protected.\n  * NB Repealed July 1, 2028\n
N.Y. PBA Law § 1048-AA — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-AA
Separability clause
Status: in_force

§ 1048-aa. Separability clause. If any section, clause or provision in\nthis title shall be held by a competent court to be unconstitutional or\nineffective in whole or in part, to the extent that it is not\nunconstitutional or ineffective, it shall be valid and effective, and no\nother section, clause or provision shall on account thereof be deemed\ninvalid or ineffective.\n