N.Y. SOS Law § 398 — New York Code / Act SOS / Article 6 / Title 2 / Section 398
Additional powers and duties of commissioners of public welfare and certain city public welfare officers in relation to children
Status: in_force

§ 398. Additional powers and duties of commissioners of public welfare\nand certain city public welfare officers in relation to children.\nCommissioners of public welfare and city public welfare officers\nresponsible under the provisions of a special or local law for the\nchildren hereinafter specified shall have powers and perform duties as\nfollows:\n  1. As to destitute children:\n  (a) offer preventive services in accordance with section four hundred\nnine-a of this article when necessary to avert an impairment or\ndisruption of a family which could result in the placement of the child\nin foster care;\n  (b) report to the local criminal justice agency and to the statewide\ncentral register for missing children as described in section eight\nhundred thirty-seven-e of the executive law such relevant information as\nrequired on a form prescribed by the commissioner of the division of\ncriminal justice services, in appropriate instances; and\n  (c) assume charge of and provide care and support for any child who is\na destitute child pursuant to paragraph (a) of subdivision three of\nsection three hundred seventy-one of this article who cannot be properly\ncared for in his or her home, and if required, petition the family court\nto obtain custody of the child in accordance with article ten-C of the\nfamily court act.\n  2. As to neglected, abused or abandoned children:\n  (a) Investigate the alleged neglect, abuse or abandonment of a child,\noffer protective social services to prevent injury to the child, to\nsafeguard his welfare, and to preserve and stabilize family life\nwherever possible and, if necessary, bring the case before the family\ncourt for adjudication and care for the child until the court acts in\nthe matter and, in the case of an abandoned child, shall promptly\npetition the family court to obtain custody of such child.\n  (b) Receive and care for any child alleged to be neglected, abused or\nabandoned who is temporarily placed in his care by the family court\npending adjudication by such court of the alleged neglect, abuse or\nabandonment including the authority to establish, operate, maintain and\napprove facilities for such purpose in accordance with the regulations\nof the department; and receive and care for any neglected, abused or\nabandoned child placed or discharged to his care by the family court.\n  (c) Any facility designated as of the effective date of this act shall\nnot be disapproved except after consultation with the designating\nappellate division.\n  (d) The local social services department shall list all facilities\napproved under this article for the temporary custody and care of\nchildren remanded by the family court and shall file a copy of that list\nperiodically with the clerk of the family court in each county in the\njudicial district in which the facility is located.\n  (e) Report to the local registrar of vital statistics of the district\nin which the child was found the sex, color, approximate date of birth,\nplace of finding, and the name assigned to any child who may be found\nwhose parents are unknown, within ten days whenever possible after the\nchild is found, on a form prescribed therefor by the state commissioner\nof health, and report the subsequent identification of any such child to\nthe state commissioner of health; provided, however, that in the city of\nNew York such form shall be prescribed by, and such report shall be made\nto, the department of health.\n  (f) Report to the local criminal justice agency and to the statewide\ncentral register for missing children as described in section eight\nhundred thirty-seven-e of the executive law such information as required\non a form prescribed by the commissioner of the division of criminal\njustice services within forty-eight hours after an abandoned child is\nfound.\n  3. As to delinquent children and persons in need of supervision:\n  (a) Investigate complaints as to alleged delinquency of a child.\n  (b) Bring such case of alleged delinquency when necessary before the\nfamily court.\n  (c) Receive within fifteen days from the order of placement as a\npublic charge any delinquent child committed or placed or person in need\nof supervision placed in his or her care by the family court provided,\nhowever, that the commissioner of the social services district with whom\nthe child is placed may apply to the state commissioner or his or her\ndesignee for approval of an additional fifteen days, upon written\ndocumentation to the office of children and family services that the\nyouth is in need of specialized treatment or placement and the diligent\nefforts by the commissioner of social services to locate an appropriate\nplacement.\n  * 3-a. As to delinquent children:\n  (a)(1) Conditionally release any juvenile delinquent placed with the\ndistrict to aftercare whenever the district determines conditional\nrelease to be consistent with the needs and best interests of such\njuvenile delinquent, that suitable care and supervision can be provided,\nand that there is a reasonable probability that such juvenile delinquent\ncan be conditionally released without endangering public safety;\nprovided, however, that such conditional release shall be made in\naccordance with the regulations of the office of children and family\nservices, and provided further that no juvenile delinquent while absent\nfrom a facility or program without the consent of the director of such\nfacility or program shall be conditionally released by the district\nsolely by reason of the absence.\n  (2) It shall be a condition of such release that a juvenile delinquent\nso released shall continue to be the responsibility of the social\nservices district for the period provided in the order of placement.\n  (3) The social services district may provide clothing, services and\nother necessities for any conditionally released juvenile delinquent, as\nmay be required, including medical care and services not provided to\nsuch juvenile delinquent as medical assistance for needy persons\npursuant to title eleven of article five of this chapter.\n  (4) The social services district, pursuant to the regulations of the\noffice of children and family services, may cause a juvenile delinquent\nto be returned to a facility operated and maintained by the district, or\nan authorized agency under contract with the district, at any time\nwithin the period of placement, where there is a violation of the\nconditions of release or a change of circumstances.\n  (5) Juvenile delinquents conditionally released by a social services\ndistrict may be provided for as follows:\n  (i) If, in the opinion of the social services district, there is no\nsuitable parent, relative or guardian to whom a juvenile delinquent can\nbe conditionally released, and suitable care cannot otherwise be\nsecured, the district may conditionally release such juvenile delinquent\nto the care of any other suitable person; provided that where such\nsuitable person has no legal relationship with the juvenile, the\ndistrict shall advise such person of the procedures for obtaining\ncustody or guardianship of the juvenile.\n  (ii) If a conditionally released juvenile delinquent is subject to\narticle sixty-five of the education law or elects to participate in an\neducational program leading to a high school diploma, he or she shall be\nenrolled in a school or educational program leading to a high school\ndiploma following release, or, if such release occurs during the summer\nrecess, upon the commencement of the next school term. If a\nconditionally released juvenile delinquent is not subject to article\nsixty-five of the education law, and does not elect to participate in an\neducational program leading to a high school diploma, steps shall be\ntaken, to the extent possible, to facilitate his or her gainful\nemployment or enrollment in a vocational program following release.\n  (b) When a juvenile delinquent placed with the social services\ndistrict is absent from placement without consent, such absence shall\ninterrupt the calculation of time for his or her placement. Such\ninterruption shall continue until such juvenile delinquent returns to\nthe facility or authorized agency in which he or she was placed.\nProvided, however, that any time spent by a juvenile delinquent in\ncustody from the date of absence to the date placement resumes shall be\ncredited against the time of such placement provided that such custody:\n  (1) was due to an arrest or surrender based upon the absence; or\n  (2) arose from an arrest or surrender on another charge which did not\nculminate in a conviction, adjudication or adjustment.\n  (c) In addition to the other requirements of this section, no juvenile\ndelinquent placed with a social services district operating an approved\njuvenile justice services close to home initiative pursuant to section\nfour hundred four of this chapter pursuant to a restrictive placement\nunder the family court act shall be released except pursuant to section\n353.5 of the family court act.\n  * NB Repealed March 31, 2028\n  4. As to mentally disabled and physically handicapped children:\n  (a) Obtain admission to state and other suitable schools, hospitals,\nother institutions, or care in their own homes or in family free or\nboarding homes or in agency boarding homes or group homes for such\nchildren in accordance with the provisions of the mental hygiene law,\neducation law and acts relating to the family court.\n  (b) Maintain supervision over such disabled or physically handicapped\nchildren as are not in institutions, hospitals or schools or under the\njurisdiction of the family court.\n  5. As to children born out of wedlock:\n  (a) Provide care in a family free or boarding home, in an agency\nboarding home or group home or in an institution for any child born out\nof wedlock and for his mother as for any other person in need of public\nassistance and care during pregnancy and during and after delivery, when\nin the judgment of such social services official needed care cannot be\nprovided in the mother's own home. However, nothing in this section or\nelsewhere in this chapter contained shall be construed to make any such\nchild or his mother ineligible for such care away from home, regardless\nof ability or liability to pay therefor; provided, however, that except\nas hereinafter provided, it shall rest in the discretion of the social\nservices official, in view of all the facts and circumstances present in\neach case, to determine whether or not to require such mother, or any\nother person or persons liable by law to contribute to the support\nthereof, to pay all or any part of such cost, pursuant to the provisions\nof this section or any other section of this chapter. Any inconsistent\nprovision of law notwithstanding, the acceptance by a private authorized\nadoption agency of an absolute surrender of a child born out of wedlock\nfrom the mother of such child shall relieve her from any and all\nliability for the support of such child. When in the judgment of a\nsocial services official needed care cannot be provided in the home of a\nminor pregnant with an out of wedlock child, and he has made a\ndetermination pursuant to subdivision one of section one hundred\nthirty-two of this chapter not to make an investigation of the\ncircumstances of such minor and not to require support from persons\nliable therefor, the authorization of such social services official of\nnecessary medical care for such minor shall have the same force and\neffect as a consent executed by a parent or guardian of such minor.\n  (b) Institute proceedings to establish paternity and secure the\nsupport and education of any child born out of wedlock or make a\ncompromise with the father of such child, in accordance with the\nprovisions of law, relating to children born out of wedlock.\n  (c) Hold and disburse the money received from such a compromise or pay\nit to the mother if she gives security for the support of the child.\n  (d) When practicable, require the mother to contribute to the support\nof the child.\n  6. As to all foregoing classes of children:\n  (a) Investigate the family circumstances of each child reported to him\nas destitute, neglected, abused, delinquent, disabled or physically\nhandicapped in order to determine what assistance and care, supervision\nor treatment, if any, such child requires.\n  (b) Provide for expert mental and physical examination of any child\nwhom he has reason to suspect of mental or physical disability or\ndisease and pay for such examination from public funds, if necessary.\n  (c) Provide necessary medical or surgical care in a suitable hospital,\nsanatorium, preventorium or other institution or in his own home for any\nchild needing such care and pay for such care from public funds, if\nnecessary. However, in the case of a child or minor who is eligible to\nreceive care as medical assistance for needy persons pursuant to title\neleven of article five of this chapter, such care shall be provided\npursuant to the provisions of that title.\n  (d) Ascertain the financial ability of the parents of children who\nbecome public charges and collect toward the expense of such child's\ncare such sum as the parents are able to pay.\n  (e) Collect from parents whose children have been discharged to his\ncare by the family court such sums as they are ordered to pay for the\nmaintenance of such children and report any failure to comply with such\norder to such court.\n  (f) When in his judgment it is advisable for the welfare of the child,\naccept the surrender of a child by an instrument in writing in\naccordance with the provisions of this chapter. Any inconsistent\nprovision of law notwithstanding, the acceptance by the social services\nofficial of a surrender of a child born out of wedlock from the mother\nor father of such child shall relieve the parent executing such\nsurrender from any and all liability for the support of such child.\n  (g) (1) Place children in its care and custody or its custody and\nguardianship, in suitable instances, in supervised settings, family\nhomes, agency boarding homes, group homes or institutions under the\nproper safeguards. Such placements can be made either directly, or\nthrough an authorized agency, except that, direct placements in agency\nboarding homes or group homes may be made by the social services\ndistrict only if the office of children and family services has\nauthorized the district to operate such homes in accordance with the\nprovisions of section three hundred seventy-four-b of this article and\nonly if suitable care is not otherwise available through an authorized\nagency under the control of persons of the same religious faith as the\nchild. Where such district places a child in a supervised setting,\nagency boarding home, group home or institution, either directly, or\nthrough an authorized agency, the district shall certify in writing to\nthe office of children and family services, that such placement was made\nbecause it offers the most appropriate and least restrictive level of\ncare for the child, and, is more appropriate than a family foster home\nplacement, or, that such placement is necessary because there are no\nqualified foster families available within the district who can care for\nthe child. If placements in agency boarding homes, group homes or\ninstitutions are the result of a lack of foster parents within a\nparticular district, the office of children and family services shall\nassist such district to recruit and train foster parents. Placements\nshall be made only in institutions visited, inspected and supervised in\naccordance with title three of article seven of this chapter and\nconducted in conformity with the applicable regulations of the\nsupervising state agency in accordance with title three of article seven\nof this chapter. With the approval of the office of children and family\nservices, a social services district may place a child in its care and\ncustody or its custody and guardianship in a federally funded job corps\nprogram and may receive reimbursement for the approved costs of\nappropriate program administration and supervision pursuant to a plan\ndeveloped by the department and approved by the director of the budget.\n  (2) A social services district may place a child in its care and\ncustody or its custody and guardianship in a home or facility operated\nor licensed by any office of the department of mental hygiene, subject\nto the relevant provisions of the mental hygiene law and the admission\ncriteria of the facility. The director of the budget may authorize such\ntransfers of appropriations under the provisions of section fifty of the\nstate finance law as may be necessary to secure federal reimbursement\nfor such placements.\n  (3) (i) Effective sixty days after the enactment of this subparagraph,\nthere is hereby established within a social services district with a\npopulation in excess of two million a two-year demonstration project\nwhich affords authorized agencies with which foster children are placed\nenhanced administrative flexibility. Pursuant to such demonstration\nproject, an authorized agency with which the social services district\nhas placed a child shall have the authority to:\n  (A) give all necessary consents to the discharge of the child from\nfoster care when such authorized agency has submitted a written request\nfor approval of such discharge to the social services official and the\nsocial services official has not disapproved such discharge within\nthirty days of receiving such request;\n  (B) change a goal for the child when such authorized agency has\nsubmitted a written request for approval of such change of goal to the\nsocial services official and the social services official has not\ndisapproved such goal within thirty days of receiving such request;\n  (C) commence a proceeding to free the child for adoption when such\nauthorized agency has submitted a written request for approval of the\ncommencement of such proceeding to the social services official, if the\nsocial services official has not disapproved such commencement within\nthirty days of receiving such request, in which case such a request\nshall be deemed approved; and\n  (D) consent to the adoption of a child whose custody and guardianship,\nor of a child where such child's parents are both deceased, or where one\nparent is deceased and the other parent is not entitled to notice\npursuant to sections one hundred eleven and one hundred eleven-a of the\ndomestic relations law, and whose care and custody, has been transferred\nto a social services district and who has been placed by the social\nservices official with the authorized agency when the authorized agency\nhas submitted a written request for approval to consent to the adoption,\nif the social services district has not disapproved the request to\nconsent to adoption within sixty days after its submission, in which\ncase such request shall be deemed approved and the authorized agency may\ngive all necessary consent to the adoption of the child.\n  (ii) Nothing herein shall result in the transfer of care and custody\nor custody and guardianship of a child from the social services official\nto the authorized agency.\n  (iii) Within three months of the conclusion of the demonstration\nproject, such social services district shall issue a report to the\ndepartment regarding the effectiveness of the demonstration project.\nSuch report shall include recommendations for possible statutory and\nregulatory amendments in relation to the administration of foster care.\n  (4) A social services district may place a child in its care and\ncustody or its custody and guardianship in a family home certified by\nthe division for youth, which shall not include a group home. Such\nplacements shall be subject to the relevant provisions of this chapter,\nthe executive law and the admission criteria of the home.\n  (h) Supervise children who have been cared for away from their\nfamilies until such children become twenty-one years of age or until\nthey are discharged to their own parents, relatives within the third\ndegree or guardians, or adopted, provided, however, that in the case of\na child who is developmentally disabled as such term is defined in\nsection 1.03 of the mental hygiene law, emotionally disturbed or\nphysically handicapped, and who is receiving care in a group home,\nagency boarding home or any child care facility operated by an\nauthorized agency with a capacity of thirteen or more children, and who\nis in receipt of educational services and under the care and custody of\na local department of social services, the commissioner of the office of\nchildren and family services shall allow such child who reaches the age\nof twenty-one during the period commencing on the first day of September\nand ending on the thirtieth day of June to be entitled to continue in\nsuch program until the thirtieth day of June or until the termination of\nthe school year, whichever shall first occur.\n  (j) Permit children and minors who are being cared for away from their\nown homes as public charges to retain the maximum amount of their\nmonthly earned income for future identifiable needs in accordance with\nthe regulations of the department and consistent with the federal law\napplicable to the treatment of income and resources under the aid to\nfamilies with dependent children program.\n  (k) In accordance with regulations of the department, provide suitable\nvocational training through any institution licensed or approved by the\nstate education department, for any minor in his care who demonstrates\nto his satisfaction the possession of talent, aptitude and ability\nnecessary to benefit therefrom, provided such minor could not otherwise\nobtain such training. Expenditures may be made for tuition, books,\nsupplies, and all other necessary items to enable such minor to obtain\nsuch training.\n  (l) In accordance with regulations of the department, provide\nmaintenance in a summer camp for children and minors who are being cared\nfor away from their own homes as public charges, when in his judgment it\nis advisable for the welfare of such children and minors.\n  (n) When it is in the best interest of the child, place a child who is\nbeing returned to foster care, following an interruption in care, or a\nchild who is being returned to a family boarding home following\nplacement in a foster care facility with the foster care parents with\nwhom that child was last placed, notwithstanding the provisions of\nsubdivisions three and four of section three hundred seventy-eight of\nthis chapter. When it is in the best interests of the minor parent and\nthe minor parent's child or children, place the minor parent who is\nbeing returned to foster care following an interruption in care, and the\nminor parent's child or children or the minor parent who is being\nreturned to a family boarding home following placement in a foster care\nfacility and the minor parent's child or children with the foster care\nparents with whom the minor parent was last placed, notwithstanding the\nprovisions of subdivisions three and four of section three hundred\nseventy-eight of this chapter.\n  (o) Compliance with a court order enforcing visitation rights of a\nnon-custodial parent or grandparent pursuant to part eight of article\nten of the family court act, subdivision ten of section three hundred\nfifty-eight-a or paragraph (d) of subdivision two of section three\nhundred eighty-four-a of this chapter, and responsibility for the return\nof such child after visitation so ordered.\n  * (p) Provide respite care for children who have special needs as\ndescribed in subdivision fifteen of this section including, but not\nlimited to, those children who are diagnosed as having AIDS or HIV\nrelated disease. For the purposes of this paragraph, respite care shall\nmean the provision of temporary care and supervision of children on\nbehalf of a foster parent of a child with such special needs. Such care\nmay be provided by a foster family boarding home, an agency operated\nboarding home, a group home, an institution or by an authorized staff\nmember of such programs or other provider approved by the local district\nbased on the individual circumstances of the caregiver and the needs of\nthe child, for up to three consecutive weeks but no more than seven\nweeks in a calendar year. The department shall, by regulation, establish\nstandards for respite care and training for the providers of such care.\n  * NB There are 2 par (p)'s\n  * (p) Consistent with the provisions of this chapter, provide\nnecessary care, services and supervision including medical care, to a\nchild placed in foster care pursuant to subparagraph (ii) of paragraph\n(a) of subdivision two of section ten hundred seventeen of the family\ncourt act, and reimbursement therefor to relatives of such child as\napproved foster parents with whom such child is residing.\n  * NB There are 2 par. (p)'s\n  7. Notwithstanding any inconsistent provisions of law, no city forming\npart of a county public welfare district may hereafter assume any of the\npowers, duties and responsibilties mentioned in this section. However,\nthis subdivision shall not be deemed or construed to prohibit a public\nwelfare officer of a city forming part of a county public welfare\ndistrict from exercising and performing on behalf of the county\ncommissioner of public welfare, pursuant to the provisions of title\nthree-a of article three, any of the powers and duties mentioned in this\nsection. A city forming part of a county public welfare district which\nheretofore assumed or upon which was heretofore imposed the\nresponsibility for providing any or all of the assistance, care and\nservice mentioned in this section, shall hereafter continue to have such\nresponsibility, provided, however, that the continuance of such\nresponsibility shall be consistent with the powers, duties and\nresponsibilities of such city under and pursuant to the provisions of\ntitle three-a of article three.\n  8. A public welfare official who is authorized to place children or\nminors in homes or institutions pursuant to provisions of this section\nshall have the power to place children or minors in a public institution\nfor children.\n  9. A social services official shall have the same authority as a peace\nofficer to remove a child from his home without an order of the family\ncourt and without the consent of the parent or person responsible for\nsuch child's care if the child is in such condition that his continuing\nin the home presents an imminent danger to the child's life or health.\nWhen a child is removed from his home pursuant to the provisions of this\nsubdivision, the social services official shall promptly inform the\nparent or person responsible for such child's care and the family court\nof his action.\n  10. Any provision of this chapter or any other law notwithstanding,\nwhere a foster child for whom a social services official has been making\nfoster care payments is in attendance at a college or university away\nfrom his or her foster family boarding home, group home, agency boarding\nhome or institution, and residing in a supervised setting or other\napproved location, a social services official may make foster payments,\nat a rate to be developed by the office of children and family services,\nto such college or university, provider of room and board, or youth, as\nappropriate, in lieu of payment to the foster parents or authorized\nagency, for the purpose of room and board, if not otherwise provided.\nSuch rate shall be no lower than the rate paid for a child's care in a\nfoster family boarding home.\n  11. In the case of a child who is adjudicated a person in need of\nsupervision or a juvenile delinquent and is placed by the family court\nwith the division for youth and who is placed by the division for youth\nwith an authorized agency pursuant to court order, the social services\nofficial shall make expenditures in accordance with the regulations of\nthe department for the care and maintenance of such child during the\nterm of such placement subject to state reimbursement pursuant to this\ntitle, or article nineteen-G of the executive law in applicable cases.\n  12. A social services official shall be permitted to place persons\nadjudicated in need of supervision or delinquent, and alleged persons to\nbe in need of supervision in detention pending transfer to a placement,\nin the same foster care facilities as are providing care to destitute,\nneglected, abused or abandoned children. Such foster care facilities\nshall not provide care to a youth in the care of a social services\nofficial as a convicted juvenile offender.\n  13. (a) In the case of a child with a handicapping condition who is\nplaced, pursuant to this chapter, in a foster care agency or institution\nlocated outside the state, and who attains the age of eighteen, the\nsocial services official shall:\n  (i) determine whether such child will need services after the age of\ntwenty-one, and, if such need exists;\n  (ii) assess the nature of the services required;\n  (iii) notify the parent or guardian of such child's need for services;\nand\n  (iv) upon the written consent of the parent or guardian, and\nnotwithstanding section three hundred seventy-two of this article,\nsubmit a report on the child's need for services after age twenty-one to\nthe department for planning purposes.\n  (b) Upon the written consent of the parent or guardian, the department\nshall submit the report received pursuant to paragraph (a) of this\nsubdivision to the council on children and families.\n  (c) When a child's report is submitted to the council on children and\nfamilies pursuant to this subdivision, the council shall cooperate with\nadult service providers, such as the department of social services, the\noffice for people with and developmental disabilities, the office of\nmental health and the office of vocational rehabilitation of the\neducation department in planning and coordinating such child's return to\nNew York state for adult services. The council shall arrange with the\nappropriate state agency for the development of a recommendation of all\nappropriate in-state programs operated, licensed, certified or\nauthorized by such agency and which may be available when such child\nattains the age of twenty-one. Such recommendation of all programs shall\nbe made available to the parent or guardian of such child at least six\nmonths before such child attains the age of twenty-one. All records,\nreports and information received, compiled or maintained by the council\npursuant to this subdivision shall be subject to the confidentiality\nrequirements of the department.\n  14. (a) In the case of a child who is developmentally disabled as such\nterm is defined in section 1.03 of the mental hygiene law, emotionally\ndisturbed or physically handicapped and who is receiving care in a group\nhome, agency boarding home, or any child care facility operated by an\nauthorized agency with a capacity of thirteen or more children, who\nattains the age of eighteen and who will continue in such care after the\nage of eighteen, or who is placed in such care after the age of\neighteen, the social services official shall notify the parent or\nguardian of such child that such care will terminate when such child\nattains the age of twenty-one provided, however, that any such child in\nreceipt of educational services and under the care and custody of a\nlocal department of social services who reaches the age of twenty-one\nduring the period commencing on the first day of September and ending on\nthe thirtieth day of June shall be entitled to continue in such program\nuntil the thirtieth day of June or until the termination of the school\nyear, whichever shall first occur. Such notice shall be in writing and\nshall describe in detail the parent's or guardian's opportunity to\nconsent to having such child's name and other information forwarded in a\nreport to the commissioner of mental health, commissioner of the office\nfor people with developmental disabilities, commissioner of education or\ncommissioner of the office of children and family services or their\ndesignees for the purpose of determining whether such child will likely\nneed services after the age of twenty-one and, if so, recommending\npossible adult services.\n  (b) Upon the written consent of the parent or guardian, and\nnotwithstanding section three hundred seventy-two of this article, the\nsocial services official shall submit a report on such child's possible\nneed for services after age twenty-one to the commissioner of mental\nhealth, commissioner of the office for people with developmental\ndisabilities, commissioner of social services or commissioner of\neducation or their designees for the development of a recommendation\npursuant to section 7.37 or 13.37 of the mental hygiene law, section\nthree hundred ninety-eight-c of this title or subdivision ten of section\nfour thousand four hundred three of the education law. The social\nservices official shall determine which commissioner shall receive the\nreport by considering the child's handicapping condition. If the social\nservices official determines that the child will need adult services\nfrom the department and such social services official is the\ncommissioner's designee pursuant to this subdivision and section three\nhundred ninety-eight-c of this title, such social services official\nshall perform the services described in section three hundred\nninety-eight-c of this title.\n  (c) A copy of such report shall also be submitted to the department at\nthe same time that such report is submitted to the commissioner of\nmental health, commissioner of the office for people with developmental\ndisabilities or commissioner of education or their designees.\n  (d) When the social services official is notified by the commissioner\nwho received the report that such state agency is not responsible for\ndetermining and recommending adult services for the child, the social\nservices official shall forward the report to another commissioner; or,\nif the social services official determines that there exists a dispute\nbetween state agencies as to which state agency has the responsibility\nfor determining and recommending adult services, the social services\nofficial may forward the report to the council on children and families\nfor a resolution of such dispute.\n  (e) The social services official shall prepare and submit an annual\nreport to the department on October first, nineteen hundred eighty-four\nand thereafter on or before October first of each year. Such annual\nreport shall contain the number of cases submitted to each commissioner\npursuant to paragraph (b) of this subdivision, the type and severity of\nthe handicapping condition of each such case, the number of notices\nreceived which deny responsibility for determining and recommending\nadult services, and other information necessary for the department and\nthe council on children and families to monitor the need for adult\nservices, but shall not contain personally identifying information. The\ndepartment shall forward copies of such annual reports to the council on\nchildren and families. All information received by the council on\nchildren and families pursuant to this paragraph shall be subject to the\nconfidentiality requirements of the department.\n  15. (a) In the case of a child who has special needs due to a high\nlevel of disturbed behavior, emotional disturbance or physical or health\nneeds as determined by the district in accordance with the rules and\nregulations of the department and who has been placed with a therapeutic\nfoster parent, the social services official shall make available\nperiodic respite care services for such parent, necessary consultation\nservices between the therapeutic foster care parent and professionals\nfamiliar with the special needs of the child and such other support\nservices as are reasonably necessary to prevent placement of the child\nin a group home, an agency operated boarding home or an institution.\n  (b) Prior to placement of a child who has been determined to have\nspecial needs with a therapeutic foster parent, the social services\nofficial shall require such foster parent to complete an approved\ntraining program. The department shall not provide enhanced\nreimbursement for such placement unless the social services official\ncertifies that the foster parent has successfully completed an approved\ntraining program.\n  (c) A social services official shall require that the family services\nplan developed pursuant to section four hundred nine-e of this article\nfor a child placed with a therapeutic foster parent include a treatment\nplan prepared in consultation with the therapeutic foster parent and\napproved by the social services official.\n  16. Notwithstanding any provision of law to the contrary, with regard\nto the placement of all categories of foster children, the social\nservices official or the voluntary authorized agency under contract with\nsuch official must consider giving preference to placement of a child\nwith an adult relative over a non-related caregiver, provided that the\nrelative caregiver meets relevant child welfare standards.\n
N.Y. LAB Law § 520 — New York Code / Act LAB / Article 18 / Title 2 / Section 520
Base period
Status: in_force

§ 520. Base period.  A claimant's "base period" is one of the\nfollowing:\n  1. For the purpose of subdivision one of section five hundred\ntwenty-seven of this article, the term base period shall mean the first\nfour of the last five completed calendar quarters ending with the week\nimmediately preceding the filing of a valid original claim.\n  2.  For the purpose of paragraph (a) of subdivision two of section\nfive hundred twenty-seven of this article, the term base period shall\nmean the last four completed calendar quarters ending with the week\nimmediately preceding the filing of a valid original claim.\n
N.Y. RPT Law § 485 — New York Code / Act RPT / Article 4 / Title 2 / Section 485
Nuclear powered electric generating facilities
Status: in_force

§ 485. Nuclear powered electric generating facilities. 1. Nuclear\npowered electric generating facilities shall be exempt from taxation,\nspecial ad valorem levies and special assessments to the extent provided\nin section four hundred ninety of this article upon the adoption of a\nlocal law granting such exemption by the legislative body of the county,\ncity, town or village in which such a facility is located or by\nresolution following a public hearing of the governing body of the\nschool district in which such facility or facilities are located,\nprovided the taxing district may only exempt the facility from real\nproperty taxes imposed by the taxing district granting the exemption.\nThe local law or resolution shall state the date on which such exemption\nshall commence. A copy of such local law or resolution shall be filed no\nlater than thirty days after the adoption thereof with the clerk of each\nmunicipal corporation in which the facility is located and with the\ncommissioner. For purposes of this section, nuclear powered electric\ngenerating facility shall mean a facility that generates or formerly\ngenerated electricity using nuclear power for sale, directly or\nindirectly, to the public, including the land upon which the facility is\nlocated, any equipment used in such generation, and equipment leading\nfrom the facility to the interconnection with the electric transmission\nsystem, but shall not include any equipment in the electric transmission\nsystem.\n  2. (a) If a taxing district and an owner of a nuclear powered electric\ngenerating facility have not signed an agreement for payments in lieu of\ntaxes by the date specified in the resolution or local law, or if an\nowner and a taxing district agree to cancel such an agreement, or if\nsuch an agreement does not apply to an assessment roll upon which a\nfacility is wholly exempt from taxation pursuant to this section, the\nowner of such facility shall be obliged to make payments in lieu of\ntaxes in the base amount, or in the base amount as adjusted pursuant to\nthe provisions of paragraph (c) of this subdivision.\n  (b) The base amount shall be the taxes levied against the facility on\nthe last assessment roll on which the facility was assessed as taxable\nreal property, or in the case of a special district, the special ad\nvalorem levies or special assessments levied against or charged to the\nfacility on that assessment roll. However, if no taxes or special ad\nvalorem levies were or will be levied against the facility within one\nyear of the effective date of the local law or resolution authorizing\nthe exemption, the base amount shall be the taxes or special ad valorem\nlevies that would have been levied against the facility on the\nassessment roll based on the first taxable status date occurring on or\nbefore the effective date of the local law or resolution, assuming that\nthe facility had been taxable on that assessment roll, and that the\napplicable tax rate had been determined accordingly. For purposes of\nthis section, the assessment roll which is used to determine the base\namount pursuant to this paragraph shall be referred to as the "base\nassessment roll."\n  (c) The base amount for payments on the current assessment roll shall\nbe adjusted as follows:\n  (i) by the percentage change between the assessment of the facility on\nthe current roll and on the base assessment roll, adjusted for any\nchange in level of assessment as defined in section twelve hundred of\nthis chapter;\n  (ii) in the case of a municipal corporation, by the percentage change\nbetween the total amount of taxes levied against all taxable real\nproperty on the current roll and on the base assessment roll by that\nmunicipal corporation;\n  (iii) in the case of a special district, by the percentage change\nbetween the total amount of special ad valorem levies and special\nassessments imposed against all taxable real property on the current\nroll and on the base assessment roll by that special district; and\n  (iv) if the municipal corporation also contains a nuclear powered\nelectric generating facility which had been wholly exempt from taxation\non the base assessment roll pursuant to section one thousand twelve of\nthe public authorities law but which is no longer eligible for that\nexemption due to a change in ownership, the base amount shall be\nadjusted to reflect the fact that the formerly exempt facility is now\neither subject to taxation or liable to make payments in lieu of taxes\npursuant to this section, as the case may be.\n  (d) In the event the facility was not taxable on a prior assessment\nroll, and no exemption is then in effect, the assessor of each assessing\nunit in which the facility is located is hereby authorized to\nimmediately subject the facility to taxation in the manner prescribed by\nsection five hundred twenty of this chapter.\n  (e) For assessment rolls with taxable status dates on or after January\nfirst, two thousand thirty-one, or such earlier year as may be specified\nin the local law or resolution authorizing the exemption, the exemption\nprovided by this section shall no longer apply and any agreement for\npayments in lieu of taxes for any facility theretofore exempt pursuant\nto this section shall no longer be in effect. Upon the request of the\nassessor of an assessing unit containing a nuclear powered electric\ngenerating facility, the commissioner shall provide an advisory\nappraisal of such facility for use on the municipal assessment roll with\na taxable status date on or after January first, two thousand\nthirty-one.\n  (f) Nothing herein shall be deemed to prevent the owner of a nuclear\npowered electric generating facility from seeking judicial review of an\nassessment pursuant to article seven of this chapter. Any determination\nof the proper assessment of a facility as a result of such a proceeding\nshall be reflected in any payment in lieu of taxes including the refund\nof such payments, as provided in the judgment and order of the court.\n  3. The owner of a nuclear powered electric generating facility shall\nenter into an agreement with each taxing district which grants the\nfacility the exemption providing for payments in lieu of taxes to be\nmade for no longer than the period during which the facility is exempt\npursuant to this section. Any such agreement must be filed with the\ncommissioner and the clerk of each municipal corporation in which the\nfacility is located within thirty days of being executed. Nothing herein\nshall be deemed to invalidate any existing agreement for payments in\nlieu of taxes.\n  4. Any agreement for payments in lieu of taxes pursuant to this\nsection may be negotiated at any time. Before an agreement for payments\nin lieu of taxes is executed by a taxing district, such taxing district\nmust hold a public hearing on the proposed agreement.\n  5. Any payments in lieu of taxes to be made to a taxing district under\nthis section shall be credited to the amount to be raised in taxes\nbefore determining the tax rates for each taxing district.\n  6. When a school district receives payments in lieu of taxes from a\nnuclear powered electric generating facility, any actual valuation\ncomputed for such school district pursuant to paragraph c of subdivision\none of section thirty-six hundred two of the education law shall include\nthe actual valuation equivalent of those payments. The commissioner\nshall determine such actual valuation equivalent by dividing the payment\nmade, as reported to such commissioner by the commissioner of education,\nby the school tax rate that was applied to real property on that year's\nassessment roll or, if applicable, the special apportionment rate\ndetermined pursuant to section twelve hundred twenty-seven of this\nchapter and dividing such result by the final state equalization rate\nfor that roll. The actual valuation equivalent shall be reported to the\nstate comptroller and the commissioner of education, and shall be used\nby the commissioner of education in the determination of any state\naverage that uses real property taxes levied against and/or actual\nvaluation based upon the corresponding assessment roll. Each school\ndistrict receiving payments in lieu of taxes for nuclear powered\nelectric generating facilities shall annually report those payments to\nthe commissioner of education, with a copy to the commissioner, as a\ncondition to receiving any aid pursuant to section thirty-six hundred\ntwo of the education law.\n  7. Payments in lieu of taxes made pursuant to this section are not\ntaxes and shall not be apportioned to any part of a taxing district in\nthe apportionment of taxes.\n  8. Facilities exempt from taxation pursuant to subdivision one of this\nsection shall not be deemed taxable real property for purposes of any\nequalization rate, product, study or survey conducted or established\npursuant to article twelve of this chapter or any other provision of\nlaw.\n  9. Any payments in lieu of taxes made pursuant to this section shall\nbe paid prior to the expiration of the warrant for collection of the\ntaxes in lieu of which such payments are to be made and of the\ninterest-free period prescribed by law, and the agreement shall so\nprovide. If payments are not made within such period, they shall be\nsubject to the same interest and penalties as unpaid taxes. If the\npayments remain unpaid, the official to whom the payments are to be made\nshall present a statement to that effect to the appropriate tax levying\nbody on or before a date specified by such body for that purpose. Such\nbody shall levy against the facility the amount contained in such\nstatement, together with all applicable interest and penalties, at the\nsame time and in the same manner as taxes. The amounts so levied shall\nbe collected and enforced in the same manner and at the same time as may\nbe provided by law for the collection and enforcement of taxes,\nnotwithstanding the fact that the facility is otherwise wholly exempt\nfrom taxation.\n  10. When restrictions have been imposed upon changing future\nassessments of a facility pursuant to the provisions of either section\nseven hundred twenty-seven of this chapter or a formal agreement between\nthe parties, and the facility becomes exempt pursuant to this section,\nsuch restrictions shall apply to future assessments of the facility to\nthe same extent as if it had not become exempt pursuant to this section.\n  11. The provisions of this section shall not be applicable in a\nspecial assessing unit.\n
N.Y. PBA Law § 1045-G — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-G
General powers of the water board
Status: in_force

§ 1045-g. General powers of the water board. Except as otherwise\nlimited by this title, the water board shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To make and amend by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and duties and the fulfillment of its purposes under this title;\n  4. To establish, fix, revise, charge and collect and enforce the\npayment of all fees, rates, rents and other service charges for the use\nof, or services furnished by the sewerage system, water system, or both,\nas the case may be, so as to receive revenues which, together with other\nrevenues available to the board, if any, shall be at least sufficient at\nall times so that such system or systems shall be placed on a\nself-sustaining basis in accordance with section one thousand\nforty-five-j of this title; provided, however that the water board shall\nnot establish a limit of less than four years commencing from the date\nof the bill for services to challenge any fee, rate, rent or other\nservice charges for the use of or services furnished by the water and/or\nsewerage systems; any such challenge shall specifically set forth the\nbasis for such claim;\n  5. To enter into contracts and to execute all instruments necessary or\nconvenient or desirable for the purposes of the water board to carry out\nany powers expressly given it in this title, provided nothing herein\ncontained shall authorize the water board to borrow money or otherwise\ncontract indebtedness;\n  6. To enter into an agreement pursuant to section one thousand\nforty-five-i of this title with the authority and the city to provide a\nmeans whereby the authority shall finance the cost of constructing water\nprojects, as described in the agreement, and the water board may agree\nto assume title to the water or sewerage system, or both, and to raise\nrevenues from users through fees, rates, rents or other service charges\nnecessary or appropriate to secure such financing and to pay the cost of\nthe operation, management and repair of such water or sewerage system;\n  7. To acquire, purchase, lease as lessee, hold and use any property,\nreal, personal or mixed, or any interest therein necessary or desirable\nto carry out the purposes of this title and, subject to any limitations\nin any agreement with the city entered into pursuant to section one\nthousand forty-five-h of this title, to sell, lease as lessor, transfer\nor otherwise dispose of any such property or interest therein;\n  8. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation, subject to the provisions of\nthe civil service law and the rules of the civil service commission of\nthe city, and to retain or employ counsel, auditors, engineers and\nprivate consultants on a contract basis or otherwise for rendering\nprofessional or technical services and advice;\n  9. To acquire from the city title to the sewerage system, water\nsystem, or both the sewerage and water systems, as the case may be, of\nsuch city;\n  10. To make plans, surveys and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the water\nboard and to prepare recommendations in regard thereto;\n  11. To make use of existing studies, surveys, plans, data and other\nmaterial in the possession of the city in order to avoid duplication of\neffort, and such city is hereby authorized to make the same available to\nthe water board and otherwise to assist it in the performance of its\nfunctions;\n  12. With the consent of the mayor of the city to use officers or\nemployees of the city and to pay a proper portion of the compensation or\ncosts for the services of such officers or employees;\n  13. To conduct investigations and hearings in the furtherance of its\ngeneral purposes, and in aid thereof to have access to any books,\nrecords or papers relevant thereto; and if any person whose testimony\nshall be required for the proper performance of the duties of the water\nboard shall fail or refuse to aid or assist the water board in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the water board is authorized to apply\nfor process of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n  14. To apply for and to accept any gifts or grants of funds or\nproperty or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any state agency, the city or from any other sources, for any or all\nof the purposes specified in this title, and to comply, subject to the\nprovisions of this title, with the terms and conditions thereof;\n  15. To invest moneys not required for immediate use or disbursement,\nsubject to such restrictions as may be imposed by any agreement with the\nauthority, in such obligations or deposits with such banks or trust\ncompanies as it may determine and designate, provided that any such\ndeposit with a bank or trust company shall be continuously and fully\nsecured by direct obligations of the city, the state or the United\nStates of America, or obligations the principal of and interest on which\nare guaranteed by the state or the United States of America, of a market\nvalue equal at all times to the amount of the deposit;\n  16. To establish and maintain such reserves, special funds and\naccounts, to be held in trust or otherwise, as may be required by any\nagreement with the authority and the city; and\n  17. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. PBH Law § 3120 — New York Code / Act PBH / Article 31 / Title 2 / Section 3120
Blood collection; permit required; procedure
Status: in_force

§ 3120. Blood collection; permit required; procedure.\n  No person, firm or corporation shall collect human blood for the\npurpose of transfusion into another human being unless a permit has been\nissued pursuant to the provisions of title five of article five of this\nchapter.\n
N.Y. RPT Law § 458-A — New York Code / Act RPT / Article 4 / Title 2 / Section 458-A
Veterans; alternative exemption
Status: in_force

§ 458-a. Veterans; alternative exemption. 1. The following terms\nwhenever used or referred to in this section shall have the following\nmeanings unless a different meaning clearly appears in the context:\n  (a) "Period of war" means the Spanish-American war; the Mexican border\nperiod; World War I; World War II; the hostilities, known as the Korean\nwar, which commenced June twenty-seventh, nineteen hundred fifty and\nterminated on January thirty-first, nineteen hundred fifty-five; the\nhostilities, known as the Vietnam war, which commenced November first,\nnineteen hundred fifty-five and terminated on May seventh, nineteen\nhundred seventy-five; and the hostilities, known as the Persian Gulf\nconflict, which commenced August second, nineteen hundred ninety.\n  (b) "Service connected" means, with respect to disability or death,\nthat such disability was incurred or aggravated, or that the death\nresulted from a disability incurred or aggravated, in line of duty in\nthe active military, naval or air service.\n  (c) "Qualified owner" means a veteran, the spouse of a veteran or the\nunremarried surviving spouse of a veteran. Where property is owned by\nmore than one qualified owner, the exemption to which each is entitled\nmay be combined. Where a veteran is also the unremarried surviving\nspouse of a veteran, such person may also receive any exemption to which\nthe deceased spouse was entitled.\n  (d) "Qualifying residential real property" means property owned by a\nqualified owner which is used exclusively for residential purposes;\nprovided however, that in the event any portion of such property is not\nso used exclusively for residential purposes but is used for other\npurposes, such portion shall be subject to taxation and the remaining\nportion only shall be entitled to the exemption provided by this\nsection. Such property must be the primary residence of the veteran or\nunremarried surviving spouse of the veteran, unless the veteran or\nunremarried surviving spouse is absent from the property due to medical\nreasons or institutionalization. In the event the veteran dies and there\nis no unremarried surviving spouse, "qualifying residential real\nproperty" shall mean the primary residence owned by a qualified owner\nprior to death, provided that the title to the property becomes vested\nin the dependent father or mother or dependent child or children under\ntwenty-one years of age of a veteran by virtue of devise by or descent\nfrom the deceased qualified owner, provided that the property is the\nprimary residence of one or all of the devisees.\n  (e) "Veteran" means a person (i) who served in the active military,\nnaval, space, or air service during a period of war, or who was a\nrecipient of the armed forces expeditionary medal, navy expeditionary\nmedal, marine corps expeditionary medal, or global war on terrorism\nexpeditionary medal, and who (1) was discharged or released therefrom\nunder honorable conditions, or (2) has a qualifying condition, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service, or\n(3) is a discharged LGBT veteran, as defined in section one of the\nveterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, (ii) who was employed by the\nWar Shipping Administration or Office of Defense Transportation or their\nagents as a merchant seaman documented by the United States Coast Guard\nor Department of Commerce, or as a civil servant employed by the United\nStates Army Transport Service (later redesignated as the United States\nArmy Transportation Corps, Water Division) or the Naval Transportation\nService; and who served satisfactorily as a crew member during the\nperiod of armed conflict, December seventh, nineteen hundred forty-one,\nto August fifteenth, nineteen hundred forty-five, aboard merchant\nvessels in oceangoing, i.e., foreign, intercoastal, or coastwise service\nas such terms are defined under federal law (46 USCA 10301 & 10501) and\nfurther to include "near foreign" voyages between the United States and\nCanada, Mexico, or the West Indies via ocean routes, or public vessels\nin oceangoing service or foreign waters and who has received a\nCertificate of Release or Discharge from Active Duty and a discharge\ncertificate, or an Honorable Service Certificate/Report of Casualty,\nfrom the department of defense, (iii) who served as a United States\ncivilian employed by the American Field Service and served overseas\nunder United States Armies and United States Army Groups in world war II\nduring the period of armed conflict, December seventh, nineteen hundred\nforty-one through May eighth, nineteen hundred forty-five, and who (1)\nwas discharged or released therefrom under honorable conditions, or (2)\nhas a qualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (3) is a discharged LGBT veteran, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service, (iv)\nwho served as a United States civilian Flight Crew and Aviation Ground\nSupport Employee of Pan American World Airways or one of its\nsubsidiaries or its affiliates and served overseas as a result of Pan\nAmerican's contract with Air Transport Command or Naval Air Transport\nService during the period of armed conflict, December fourteenth,\nnineteen hundred forty-one through August fourteenth, nineteen hundred\nforty-five, and who (1) was discharged or released therefrom under\nhonorable conditions, or (2) has a qualifying condition, as defined in\nsection one of the veterans' services law, and has received a discharge\nother than bad conduct or dishonorable from such service, or (3) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, (v) notwithstanding any other provision\nof law to the contrary, who are members of the reserve components of the\narmed forces of the United States who (1) received an honorable\ndischarge or release therefrom under honorable conditions, or (2) has a\nqualifying condition, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable from such service, or (3) is a discharged LGBT veteran, as\ndefined in section one of the veterans' services law, and has received a\ndischarge other than bad conduct or dishonorable from such service, but\nare still members of the reserve components of the armed forces of the\nUnited States provided that such members meet all other qualifications\nunder the provisions of this section, or (vi) who shall be considered to\nhave been discharged or released from active military service of the\nUnited States under honorable conditions if: (1) the individual served\nin the active military service of the United States for the period of\ntime such individual was obligated to serve at the time of entry into\nservice; (2) the individual was not discharged or released from such\nservice at the time of completing such period of obligation due to an\nintervening enlistment or reenlistment; (3) the individual would have\nbeen eligible for a discharge or release under conditions other than\ndishonorable at such time except for such intervening enlistment or\nreenlistment; and (4) the individual served in the active military\nservice of the United States for a period of at least ten years,\nprovided that such individual meets all other qualifications under the\nprovisions of this section.\n  (f) "Latest state equalization rate" means the latest final state\nequalization rate or special equalization rate established by the\ncommissioner pursuant to article twelve of this chapter. The\ncommissioner shall establish a special equalization rate if it finds\nthat there has been a material change in the level of assessment since\nthe establishment of the latest state equalization rate, but in no event\nshall such special equalization rate exceed one hundred. In the event\nthat the state equalization rate exceeds one hundred, then the state\nequalization rate shall be one hundred for the purposes of this section.\nWhere a special equalization rate is established for purposes of this\nsection, the assessor is directed and authorized to recompute the\nalternative veterans exemption on the assessment roll by applying such\nspecial equalization rate instead of the latest state equalization rate\napplied in the previous year and to make the appropriate corrections on\nthe assessment roll, notwithstanding the fact that such assessor may\nreceive the special equalization rate after the completion, verification\nand filing of such final assessment roll. In the event that the assessor\ndoes not have custody of the roll when such recomputation is\naccomplished, the assessor shall certify such recomputation to the local\nofficers having custody and control of such roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nalternative veterans exemption certified by the assessor on such roll.\n  (g) "Latest class ratio" means the latest final class ratio\nestablished by the commissioner pursuant to title one of article twelve\nof this chapter for use in a special assessing unit as defined in\nsection eighteen hundred one of this chapter.\n  2. (a) Qualifying residential real property shall be exempt from\ntaxation to the extent of fifteen percent of the assessed value of such\nproperty; provided, however, that such exemption shall not exceed twelve\nthousand dollars or the product of twelve thousand dollars multiplied by\nthe latest state equalization rate for the assessing unit, or in the\ncase of a special assessing unit, the latest class ratio, whichever is\nless.\n  (b) In addition to the exemption provided by paragraph (a) of this\nsubdivision, where the veteran served in a combat theatre or combat zone\nof operations, as documented by the award of a United States campaign\nribbon or service medal, or the armed forces expeditionary medal, navy\nexpeditionary medal, marine corps expeditionary medal, or global war on\nterrorism expeditionary medal, qualifying residential real property also\nshall be exempt from taxation to the extent of ten percent of the\nassessed value of such property; provided, however, that such exemption\nshall not exceed eight thousand dollars or the product of eight thousand\ndollars multiplied by the latest state equalization rate for the\nassessing unit, or in the case of a special assessing unit, the class\nratio, whichever is less.\n  (c) In addition to the exemptions provided by paragraphs (a) and (b)\nof this subdivision, where the veteran received a compensation rating\nfrom the United States veteran's administration or from the United\nStates department of defense because of a service connected disability,\nqualifying residential real property shall be exempt from taxation to\nthe extent of the product of the assessed value of such property\nmultiplied by fifty percent of the veteran's disability rating;\nprovided, however, that such exemption shall not exceed forty thousand\ndollars or the product of forty thousand dollars multiplied by the\nlatest state equalization rate for the assessing unit, or in the case of\na special assessing unit, the latest class ratio, whichever is less. For\npurposes of this paragraph, where a person who served in the active\nmilitary, naval or air service during a period of war died in service of\na service connected disability, such person shall be deemed to have been\nassigned a compensation rating of one hundred percent.\n  (d) Limitations.  (i) The exemption from taxation provided by this\nsubdivision shall be applicable to county, city, town, village and\nschool district taxation if the governing body of the school district in\nwhich the property is located, or in the case of a city with a\npopulation of one million or more, the local legislative body, after\npublic hearings, adopts a resolution, or in the case of a city with a\npopulation of one million or more, a local law, providing such\nexemption, the procedure for such hearing and resolution or local law\nshall be conducted separately from the procedure for any hearing and\nlocal law or resolution conducted pursuant to subparagraph (ii) of this\nparagraph, paragraph (b) of subdivision four, paragraph (d) of\nsubdivision six and paragraph (b) of subdivision seven of this section.\n  (ii) Each county, city, town, village or school district may adopt a\nlocal law to reduce the maximum exemption allowable in paragraphs (a),\n(b) and (c) of this subdivision to nine thousand dollars, six thousand\ndollars and thirty thousand dollars, respectively, or six thousand\ndollars, four thousand dollars and twenty thousand dollars,\nrespectively. Each county, city, town, village or school district is\nalso authorized to adopt a local law to increase the maximum exemption\nallowable in paragraphs (a), (b) and (c) of this subdivision to fifteen\nthousand dollars, ten thousand dollars and fifty thousand dollars,\nrespectively; eighteen thousand dollars, twelve thousand dollars and\nsixty thousand dollars, respectively; twenty-one thousand dollars,\nfourteen thousand dollars, and seventy thousand dollars, respectively;\ntwenty-four thousand dollars, sixteen thousand dollars, and eighty\nthousand dollars, respectively; twenty-seven thousand dollars, eighteen\nthousand dollars, and ninety thousand dollars, respectively; thirty\nthousand dollars, twenty thousand dollars, and one hundred thousand\ndollars, respectively; thirty-three thousand dollars, twenty-two\nthousand dollars, and one hundred ten thousand dollars, respectively;\nthirty-six thousand dollars, twenty-four thousand dollars, and one\nhundred twenty thousand dollars, respectively; thirty-nine thousand\ndollars, twenty-six thousand dollars, and one hundred thirty thousand\ndollars, respectively; forty-two thousand dollars, twenty-eight thousand\ndollars, and one hundred forty thousand dollars, respectively; and\nforty-five thousand dollars, thirty thousand dollars and one hundred\nfifty thousand dollars, respectively. In addition, a county, city, town,\nvillage or school district which is a "high-appreciation municipality"\nas defined in this subparagraph is authorized to adopt a local law to\nincrease the maximum exemption allowable in paragraphs (a), (b) and (c)\nof this subdivision to thirty-nine thousand dollars, twenty-six thousand\ndollars, and one hundred thirty thousand dollars, respectively;\nforty-two thousand dollars, twenty-eight thousand dollars, and one\nhundred forty thousand dollars, respectively; forty-five thousand\ndollars, thirty thousand dollars and one hundred fifty thousand dollars,\nrespectively; forty-eight thousand dollars, thirty-two thousand dollars\nand one hundred sixty thousand dollars, respectively; fifty-one thousand\ndollars, thirty-four thousand dollars and one hundred seventy thousand\ndollars, respectively; fifty-four thousand dollars, thirty-six thousand\ndollars and one hundred eighty thousand dollars, respectively;\nfifty-seven thousand dollars, thirty-eight thousand dollars and one\nhundred ninety thousand dollars, respectively; sixty thousand dollars,\nforty thousand dollars and two hundred thousand dollars, respectively;\nsixty-three thousand dollars, forty-two thousand dollars and two hundred\nten thousand dollars, respectively; sixty-six thousand dollars,\nforty-four thousand dollars and two hundred twenty thousand dollars,\nrespectively; sixty-nine thousand dollars, forty-six thousand dollars\nand two hundred thirty thousand dollars, respectively; seventy-two\nthousand dollars, forty-eight thousand dollars and two hundred forty\nthousand dollars, respectively; seventy-five thousand dollars, fifty\nthousand dollars and two hundred fifty thousand dollars, respectively.\nFor purposes of this subparagraph, a "high-appreciation municipality"\nmeans: (A) a special assessing unit that is a city, (B) a county for\nwhich the commissioner has established a sales price differential factor\nfor purposes of the STAR exemption authorized by section four hundred\ntwenty-five of this title in three consecutive years, and (C) a city,\ntown, village or school district which is wholly or partly located\nwithin such a county.\n  3. Application for exemption must be made by the owner, or all of the\nowners, of the property on a form prescribed by the commissioner. The\nowner or owners shall file the completed form in the assessor's office\non or before the appropriate taxable status date. The exemption shall\ncontinue in full force and effect for all appropriate subsequent tax\nyears and the owner or owners of the property shall not be required to\nrefile each year. Applicants shall be required to refile on or before\nthe appropriate taxable status date if the percentage of disability\npercentage increases or decreases or may refile if other changes have\noccurred which affect qualification for an increased or decreased amount\nof exemption. Any applicant convicted of making any willful false\nstatement in the application for such exemption shall be subject to the\npenalties prescribed in the penal law.\n  3-a. Notwithstanding the provisions of this section or any other\nprovision of law, in a city having a population of one million or more,\napplications for the exemption authorized pursuant to this section shall\nbe considered timely filed if they are filed on or before the fifteenth\nday of March of the appropriate year.\n  4. (a) Notwithstanding the foregoing provisions of this section, no\nlater than ninety days before the taxable status date next occurring on\nor after the thirty-first day of December nineteen hundred eighty-four,\nthe governing board of any county, city, town or village may adopt a\nlocal law to provide that no exemption shall be granted pursuant to this\nsection for the purposes of taxes levied for such county, city, town or\nvillage. For the purposes of a county which is not an assessing unit,\nthe taxable status date next occurring on or after December\nthirty-first, nineteen hundred eighty-four shall mean the first such\ntaxable status date of any city or town within such county upon the\nassessment roll of which the county levies taxes. A local law adopted\npursuant to this paragraph may be repealed by the governing board of the\napplicable county, city, town or village. Such repeal must occur at\nleast ninety days prior to the taxable status date of such county, city,\ntown or village.\n  (b) Notwithstanding any other provision of law to the contrary, no\nlater than ninety days before the taxable status date next occurring on\nor after the thirty-first day of December, two thousand thirteen, the\ngoverning body of a school district may repeal a resolution adopted\npursuant to subparagraph (i) of paragraph (d) of subdivision two of this\nsection providing the exemption from taxation pursuant to this section\nfor the purposes of taxes levied by such school district. Nothing\ncontained in this paragraph shall be construed to preclude the governing\nbody of a school district from subsequently adopting a resolution\ngranting such exemption pursuant to this section.\n  5. Notwithstanding any other provision of law to the contrary, the\nprovisions of this section shall apply to any real property held in\ntrust solely for the benefit of a person or persons who would otherwise\nbe eligible for a real property tax exemption, pursuant to this section,\nwere such person or persons the owner or owners of such real property.\n  6. (a) For the purposes of this section, title to that portion of real\nproperty owned by a cooperative apartment corporation in which a\ntenant-stockholder of such corporation resides and which is represented\nby his share or shares of stock in such corporation as determined by its\nor their proportional relationship to the total outstanding stock of the\ncorporation, including that owned by the corporation, shall be deemed to\nbe vested in such tenant-stockholder.\n  (b) Provided that all other eligibility criteria of this section are\nmet, that proportion of the assessment of such real property owned by a\ncooperative apartment corporation determined by the relationship of such\nreal property vested in such tenant-stockholder to such real property\nowned by such cooperative apartment corporation in which such\ntenant-stockholder resides shall be subject to exemption from taxation\npursuant to this section and any exemption so granted shall be credited\nby the appropriate taxing authority against the assessed valuation of\nsuch real property; the reduction in real property taxes realized\nthereby shall be credited by the cooperative apartment corporation\nagainst the amount of such taxes otherwise payable by or chargeable to\nsuch tenant-stockholder.\n  (c) Notwithstanding paragraph (b) of this subdivision, a\ntenant-stockholder who resides in a dwelling that is subject to the\nprovisions of either article two, four, five or eleven of the private\nhousing finance law shall not be eligible for an exemption pursuant to\nthis section.\n  (d) Notwithstanding paragraph (b) of this subdivision, real property\nowned by a cooperative corporation may be exempt from taxation pursuant\nto this section by a municipality in which such property is located only\nif the governing body of such municipality, after public hearing, adopts\na local law, ordinance or resolution providing therefor.\n  7. (a) As used in this subdivision, "Gold Star Parent" shall mean the\nparent of a child who died in the line of duty while serving in the\nUnited States armed forces during a period of war.\n  (b) A county, city, town, village or school district may adopt a local\nlaw to include a Gold Star Parent within the definition of "qualified\nowner", as provided in paragraph (c) of subdivision one of this section,\nand to include property owned by a Gold Star Parent within the\ndefinition of "qualifying residential real property" as provided in\nparagraph (d) of subdivision one of this section, provided that such\nproperty shall be the primary residence of the Gold Star Parent.\n  (c) The additional exemption provided for in paragraph (c) of\nsubdivision two of this section shall not apply to real property owned\nby a Gold Star Parent.\n  8. Notwithstanding the provisions of paragraph (c) of subdivision one\nof this section and subdivision three of this section, the governing\nbody of any municipality may, after public hearing, adopt a local law,\nordinance or resolution providing that where a veteran, the spouse of\nthe veteran or unremarried surviving spouse already receiving an\nexemption pursuant to this section sells the property receiving the\nexemption and purchases property within the same county, or in the case\nof a city having a population of one million or more persons, within the\nsame city, the assessor shall transfer and prorate, for the remainder of\nthe fiscal year, the exemption received. The prorated exemption shall be\nbased upon the date the veteran, the spouse of the veteran or\nunremarried surviving spouse obtains title to the new property and shall\nbe calculated by multiplying the tax rate or rates for each municipal\ncorporation which levied taxes, or for which taxes were levied, on the\nappropriate tax roll used for the fiscal year or years during which the\ntransfer occurred times the previously granted exempt amount times the\nfraction of each fiscal year or years remaining subsequent to the\ntransfer of title. Nothing in this section shall be construed to remove\nthe requirement that any such veteran, the spouse of the veteran or\nunremarried surviving spouse transferring an exemption pursuant to this\nsubdivision shall reapply for the exemption authorized pursuant to this\nsection on or before the following taxable status date, in the event\nsuch veteran, the spouse of the veteran or unremarried surviving spouse\nwishes to receive the exemption in future fiscal years.\n  9. The commissioner shall develop in consultation with the\ncommissioner of the New York state department of veterans' services a\nlisting of documents to be used to establish eligibility under this\nsection, including but not limited to a certificate of release or\ndischarge from active duty also known as a DD-214 form or an Honorable\nService Certificate/Report of Casualty from the department of defense.\nSuch information shall be made available to each county, city, town or\nvillage assessor's office, or congressional chartered veterans service\nofficers who request such information. The listing of acceptable\nmilitary records shall be made available on the internet websites of the\ndepartment of veterans' services and the office of real property tax\nservices.\n  10. A county, city, town, village or school district may adopt a local\nlaw or resolution to include those military personnel who served in the\nReserve component of the United States Armed Forces that were deemed on\nactive duty under Executive Order 11519 signed March twenty-third,\nnineteen hundred seventy, 35 Federal Register 5003, dated March\ntwenty-fourth, nineteen hundred seventy and later designated by the\nUnited States Department of Defense as Operation Graphic Hand, if such\nmember (1) was discharged or released therefrom under honorable\nconditions, or (2) has a qualifying condition, as defined in section one\nof the veterans' services law, and has received a discharge other than\nbad conduct or dishonorable from such service, or (3) is a discharged\nLGBT veteran, as defined in section one of the veterans' services law,\nand has received a discharge other than bad conduct or dishonorable from\nsuch service, provided that such veteran meets all other qualifications\nof this section.\n  11. In addition to any other exemption from taxation on real property\nwhich may be allowed to veterans pursuant to the provisions of this\nchapter, including subdivision three of section four hundred fifty-eight\nof this title, a county, city, town, village or school district may\nadopt a local law or resolution providing that the primary residence of\nany seriously disabled veteran shall be fully exempt from taxation and\nspecial district charges, assessments and special ad valorem levies,\nprovided that such veteran meets all other requirements of this section\nand such veteran has met at least one of the criteria set forth in\nparagraph (a) of this subdivision and the criterion set forth in\nparagraph (b) of this subdivision. To be eligible for such exemption, a\nveteran:\n  (a)(i) must have been discharged or released from active military,\nnaval, space or air service, including army and air national guard\nservice performed pursuant to federal orders under title 10 of the\nUnited States code, under honorable conditions; or\n  (ii) must have a qualifying condition, as defined in section one of\nthe veterans' services law, and must have received a discharge other\nthan bad conduct or dishonorable from such service; or\n  (iii) must be a discharged LGBT veteran, as defined in section one of\nthe veterans' services law, and must have received a discharge other\nthan bad conduct or dishonorable from such service; and\n  (b) must be considered by the United States department of veterans\naffairs to be permanently and totally disabled as a result of military\nservice, as evidenced by a letter, official form, or other document sent\nto such veteran from such department that specifically states such\nveteran is considered to be permanently and totally disabled as a result\nof such service.\n  (c) In no case shall the taxable assessed value of the property of a\nqualifying veteran be reduced below zero. Nothing contained herein shall\nbe construed to require or authorize the discontinuance of any exemption\ngranted pursuant to subdivision three of section four hundred\nfifty-eight of this title.\n  (d) Each county, city, town, village or school district that adopts a\nlocal law or resolution for the exemption authorized by this subdivision\nshall notify the department of veterans' services within thirty days of\nsuch adoption; provided, however, that a failure to notify the\ndepartment of veterans' services within thirty days shall not render\nsuch local law or resolution ineffective. The department of veterans'\nservices shall compile and maintain a publicly available record of each\nsuch county, city, town, village or school district that has adopted\nsuch exemption.\n
N.Y. RPT Law § 489-AA — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-AA
Legislative declaration
Status: in_force

§ 489-aa.  Legislative declaration.  It is hereby found and declared\nthat continued operation of the interstate railroads in the state and\nimprovement of their service and facilities are essential to the\ncommerce, defense, and general welfare of the people of the state; that\nin the year nineteen hundred fifty-nine at a time when the financial\ncondition of railroads in the state had deteriorated to the extent that\nthe continuation of vital operations was threatened, a partial exemption\nfrom taxation was granted railroad property in a manner which gave\nincreasingly greater exemptions as the rate of earnings of a railroad\nsystem declined; that since that time major interstate railroads\noperating in New York state have become bankrupt and the earnings of\nnon-bankrupt railroads have also declined substantially; that rail\nservices heretofore operated by the insolvent railroads will continue to\nbe operated by new rail systems of railroad companies created under or\nin compliance with federal statutes; that federal law requires that the\nproperty in the new systems be taxed in a non-discriminatory manner;\nthat in order for the new systems to be viable the railroad property\nwhich will constitute such new systems should be eligible for a partial\nexemption which reflects lack of earnings; that railroad ceilings cannot\nbe established for the new systems under existing formulas without the\nexpenditure of large sums of money to obtain cost data on system\nrailroad property located outside the state; that railroad ceilings\nestablished on the basis of the ratio  of the operating revenues and\nexpenses of a railroad system will accomplish the same policy; and,\ntherefore, that various provisions of the railroad partial tax exemption\nlaw applicable to interstate railroads must be changed in order to\nextend the partial exemption to the new rail systems.\n
N.Y. RPT Law § 421-O*2 — New York Code / Act RPT / Article 4 / Title 2 / Section 421-O*2
Exemption of capital improvements to multiple dwelling buildings within certain cities
Status: in_force

* § 421-o. Exemption of capital improvements to multiple dwelling\nbuildings within certain cities. 1. Multiple dwelling buildings,\nreconstructed, altered, converted back to an owner occupied single\nfamily dwelling located in any city having a population of more than ten\nthousand inhabitants but fewer than twelve thousand inhabitants, that is\nlocated in a county having a population of more than ninety-seven\nthousand inhabitants but fewer than ninety-nine thousand inhabitants,\ndetermined in accordance with the latest federal decennial census, that\nare reconstructed, altered or improved subsequent to the effective date\nof a local law or resolution pursuant to this section shall be exempt\nfrom taxation and special ad valorem levies to the extent provided\nhereinafter. After a public hearing, the governing board of such city\nmay adopt a local law to grant the exemption authorized pursuant to this\nsection. A copy of such local law shall be filed with the commissioner\nand the assessor of such city who prepares the assessment roll on which\nthe taxes of such city are levied.\n  2. (a) Such buildings within such city shall be exempt for a period of\none year to the extent of one hundred percent of the increase in\nassessed value attributable to such reconstruction, alteration or\nimprovement and for an additional period of eleven years subject to the\nfollowing:\n  (i) The extent of such exemption shall be decreased by eight and\none-third percent of the "exemption base" each year during such\nadditional period. The "exemption base" shall be the increase in\nassessed value as determined in the initial year of the term of the\nexemption, except as provided in subparagraph (ii) of this paragraph.\n  (ii) In any year in which a change in level of assessment of fifteen\npercent or more is certified for a final assessment roll pursuant to the\nrules of the commissioner, the exemption base shall be multiplied by a\nfraction, the numerator of which shall be the total assessed value of\nthe parcel on such final assessment roll (after accounting for any\nphysical or quantity changes to the parcel since the immediately\npreceding assessment roll), and the denominator of which shall be the\ntotal assessed value of the parcel on the immediately preceding final\nassessment roll. The result shall be the new exemption base. The\nexemption shall thereupon be recomputed to take into account the new\nexemption base, notwithstanding the fact that the assessor receives\ncertification of the change in level of assessment after the completion,\nverification and filing of the final assessment roll. In the event the\nassessor does not have custody of the roll when such certification is\nreceived, the assessor shall certify the recomputed exemption to the\nlocal officers having custody and control of the roll, and such local\nofficers are hereby directed and authorized to enter the recomputed\nexemption certified by the assessor on the roll. The assessor shall give\nwritten notice of such recomputed exemption to the property owner, who\nmay, if he or she believes that the exemption was recomputed\nincorrectly, apply for a correction in the manner provided by title\nthree of article five of this chapter for the correction of clerical\nerrors.\n  (iii) Such exemption shall be limited to one hundred thousand dollars\nin increased market value, or such other sum less than one hundred\nthousand dollars, but not less than ten thousand dollars as may be\nprovided by the local law or resolution, of the property attributable to\nsuch reconstruction, alteration or improvement and any increase in\nmarket value greater than such amount shall not be eligible for the\nexemption pursuant to this section. For the purposes of this section,\nthe market value of the reconstruction, alteration or improvement shall\nbe equal to the increased assessed value attributable to such\nreconstruction, alteration or improvement divided by the most recently\nestablished state equalization rate for such city. Where the state\nequalization rate or special equalization rate equals or exceeds\nninety-five percent, the increase in assessed value attributable to such\nreconstruction, alteration or improvement shall be deemed to equal the\nmarket value of such reconstruction, alteration or improvement.\n  (b) No such exemption shall be granted for reconstruction, alterations\nor improvements unless:\n  (i) such reconstruction, alteration or converted improvement was\ncommenced subsequent to the effective date of the local law adopted\npursuant to subdivision one of this section by such city;\n  (ii) the value of such reconstruction, alteration or improvement\nexceeds five thousand dollars; and\n  (iii) the greater portion, as so determined by square footage, of the\nbuilding reconstructed, altered or improved is at least five years old.\n  (c) For purposes of this section the terms reconstruction, alteration\nand improvement shall not include ordinary maintenance and repairs.\n  3. Such exemption shall be granted only upon application by the owner\nof such building on a form prescribed by the commissioner. The\napplication shall be filed with the assessor of such city on or before\nthe appropriate taxable status date of such city.\n  4. If satisfied that the applicant is entitled to an exemption\npursuant to this section, the assessor shall approve the application and\nsuch building shall thereafter be exempt from taxation and special ad\nvalorem levies as provided in this section commencing with the\nassessment roll prepared on the basis of the taxable status date\nreferred to in subdivision three of this section. The assessed value of\nany exemption granted pursuant to this section shall be entered by the\nassessor on the assessment roll with the taxable property, with the\namount of the exemption shown in a separate column.\n  5. For purposes of this section, an owner occupied single family\ndwelling shall mean any building or structure designed and occupied as\nthe temporary or permanent residence or home of one family.\n  6. In the event that a building granted an exemption pursuant to this\nsection ceases to be used primarily for residential purposes or title\nthereto is transferred to other than the heirs or distributees of the\nowner, the exemption granted pursuant to this section shall cease.\n  7. (a) The enactment of a local law in such city may:\n  (i) reduce the percent of exemption otherwise allowed pursuant to this\nsection;\n  (ii) limit eligibility for the exemption to those forms of\nreconstruction, alterations or improvements as are prescribed in such\nlocal law or resolution;\n  (iii) provide that the exemption shall be applicable only to those\nimprovements which would otherwise result in an increase in the assessed\nvaluation of the real property but which consist of an addition,\nremodeling or modernization to an existing residence building structure\nto prevent physical deterioration of the structure or to comply with\napplicable building, sanitary, health and/or fire codes.\n  (b) No such local law shall reduce or repeal an exemption granted\npursuant to this section until the expiration of the period for which\nsuch exemption was granted.\n  * NB There are 2 § 421-o's\n
N.Y. PBA Law § 1025 — New York Code / Act PBA / Article 5 / Title 2 / Section 1025
Short title
Status: in_force

* § 1025. Short title. This title may be cited as the "Albany Light,\nHeat and Power Authority Act."\n  * NB Terminated July 1, 1963\n
N.Y. RPT Law § 485-S — New York Code / Act RPT / Article 4 / Title 2 / Section 485-S
Residential reassessment exemption
Status: in_force

* § 485-s. Residential reassessment exemption. 1. Applicability. The\ngoverning body of a town with a population of not less than eighty-five\nthousand persons and not more than ninety-five thousand persons located\nin a county of not less than nine hundred thirty thousand persons and\nnot more than one million two hundred thousand persons, based upon the\nlatest U.S. census may, after a public hearing, adopt the provisions of\nthis section by local law in the first year of a full value revaluation\nto provide a residential revaluation exemption. If the governing body\npasses a local law pursuant to this subdivision, such exemption shall\nalso apply in the same manner and to the same extent to each village,\ncounty, special district or school district that levies taxes on the\nassessment roll prepared by such town. A village within a town that has\nconducted a revaluation and that chooses to adopt such town's latest\nfinal assessment roll is permitted to adopt the provisions of this\nsection within two years of its implementation.\n  2. Eligibility. (a) The assessor shall, in the first year in which\nrevaluation assessments are to be entered on the assessment roll and for\nthe next succeeding year, apply to each eligible residential property an\nexemption as provided in subdivision three of this section. For the\npurpose of this section, to be an "eligible residential property" the\nfollowing criteria must be met:\n  (i) The property must be a one-, two-, or three-family residential\nproperty, provided that in an approved assessing unit dwelling units\nheld in condominium form of ownership that are classified in the\nhomestead class shall also be eligible;\n  (ii) The property must be eligible to receive the STAR exemption\nauthorized by section four hundred twenty-five of this title or the\nowner or owners must be eligible to receive the personal income tax\nschool tax relief (STAR) credit authorized by subsection (eee) of\nsection six hundred six of the tax law, as added by section six of part\nA of chapter sixty of the laws of two thousand sixteen, for such\nproperty.\n  (iii) In any given year, the owner or owners receiving the exemption\npursuant to this section must be the same as the owner or owners that\nappeared on the assessment roll upon which the revaluation is\nimplemented;\n  (iv) The property must have a Certificate of Occupancy or a temporary\nCertificate of Occupancy; and\n  (v) The property must not have any delinquent taxes as of the taxable\nstatus date for the roll on which an exemption is applied.\n  (b) In addition to the criteria provided in paragraph (a) of this\nsubdivision, the town assessing unit may further limit the eligibility\nto eligible residential property whose full value increase exceeded a\nset value threshold as specified in their local law adopting the\nprovisions of this section. If provided by local law, the town assessing\nunit may elect to grant exemptions to only those properties that do not\nhave building code violations.\n  3. Exemption calculation. (a)(i) The exemption shall be computed with\nrespect to a percentage of the "exemption base." The exemption base\nshall be the amount by which the assessed value of a property on the\nassessment roll upon which the revaluation is implemented exceeds the\nprior year's equalized assessed value, as determined in the initial\nyear. The prior year's equalized assessed value shall be determined by\napplying the applicable change in level of assessment factor to the\nprior year's assessed value. Such exemption base shall not include\nincreases due to a physical improvement or a removal or reduction of an\nexemption on property.\n  (ii) Any increase in the assessment of a property due to physical\nchanges in the year following the implementation roll shall not be\neligible for the exemption. In the event that any portion of a parcel is\nfully or partially removed from the roll during the year following the\nimplementation roll by reason of fire, demolition, destruction or new\nexemption, the assessor shall reduce the exemption for any remaining\nportion in the same proportion assessment is reduced for such fire,\ndemolition, destruction or new exemption. If a property's revaluation\nassessment is reduced pursuant to title one-A of article five, or title\none or one-A of article seven of this chapter, the exemption shall be\nrecomputed accordingly.\n  (b)(i) The exemption shall be to the extent of sixty-six per centum of\nthe exemption base in year one and thirty-three per centum of the\nexemption base in year two.\n  (ii) The following table shall illustrate the computation of the\nexemption:\n     Year of exemption        Percentage of Exemption\n     1                        66% of exemption base\n     2                        33% of exemption base\n  4. Granting of exemption. (a) Such exemption shall be granted only\nupon application by the owner or owners of such real property on a form\nprescribed by the commissioner. Such application shall be filed with the\nassessor on or before the appropriate taxable status date for the\nassessment roll upon which the revaluation is implemented.\n  (b) If the assessor is satisfied that the applicant is entitled to an\nexemption pursuant to this section, he or she shall approve the\napplication and the taxable assessed value shall be reduced by the\nexemption, as in this section provided commencing with the assessment\nroll prepared after the taxable status date. The assessed value of any\nexemption granted pursuant to this section shall be entered by the\nassessor on the assessment roll with the amount of the exemption shown\nin a separate column.\n  (c) In the event that the residential property granted an exemption\npursuant to this section transfers ownership or otherwise ceases to meet\nthe eligibility requirements of the exemption in subdivision two of this\nsection, the exemption granted pursuant to this section shall be\ndiscontinued. Upon determining that an exemption granted pursuant to\nthis section should be discontinued, the assessor shall mail a notice so\nstating to the owner or owners thereof at the time and in the manner\nprovided by section five hundred ten of this chapter.\n  * NB There are 3 § 485-s's\n
N.Y. PBA Law § 1048-E — New York Code / Act PBA / Article 5 / Title 2-B / Section 1048-E
Approval of water projects
Status: in_force

§ 1048-e. Approval of water projects. The authority shall not enter\ninto any contract or agreement with the city or the water board with\nrespect to the financing of any water project pursuant to section one\nthousand forty-eight-i of this title, unless the state commissioner of\nenvironmental conservation and the state commissioner of health shall\nhave completed all statutory reviews and approvals with respect to such\nproject required by law to be completed prior to the date of such\ncontract or agreement. Nothing herein shall be construed to diminish the\nfull authority and responsibility of each department of the state for\nstatutory reviews and approvals.\n
N.Y. PBA Law § 1045-E — New York Code / Act PBA / Article 5 / Title 2-A / Section 1045-E
Approval of water projects
Status: in_force

§ 1045-e. Approval of water projects. The authority shall not enter\ninto any contract or agreement with the city or the water board with\nrespect to the financing of any water project pursuant to section one\nthousand forty-five-i of this title, unless the state commissioner of\nenvironmental conservation and the state commissioner of health shall\nhave completed all statutory reviews and approvals with respect to such\nproject which, as of the date of such contract or agreement, are\nrequired by law. Nothing herein shall be construed to diminish the full\nauthority and responsibility of each department of the state for\nstatutory reviews and approvals.\n
N.Y. PBA Law § 3414 — New York Code / Act PBA / Article 10-C / Title 2 / Section 3414
Exemption from taxes and certain fees
Status: in_force

§ 3414. Exemption from taxes and certain fees. 1. The corporation\nshall not be required to pay any fees, taxes or assessments of any kind,\nexcept as provided by the public health law, whether state or local,\nincluding but not limited to fees or taxes on real property, franchise\ntaxes, sales taxes or other excise taxes, upon any property owned by it\nor under its jurisdiction, control or supervision and used for a public\npurpose, or upon the uses thereof, or upon its activities in the\noperation and maintenance of its facilities used for a public purpose,\nor any revenues or other income received by the corporation from public\npurpose activities. The foregoing shall not, however, limit the county\nfrom receiving rentals, fees or other consideration pursuant to\nagreements negotiated with the corporation. The corporation shall at all\ntimes be exempt from any filing, mortgage recording or transfer fees or\ntaxes in relation to instruments filed, recorded or transferred by it or\non its behalf. The construction, use, occupation, lease or possession of\nany property owned by the corporation or the county, including\nimprovements thereon, by any person or public corporation under\nagreement with the corporation or the county shall not operate to\nabrogate or limit the foregoing exemption, notwithstanding that the\nlessee, user, occupant or person in possession shall claim ownership for\nfederal income tax purposes.\n  2. Any bonds issued pursuant to this title together with the income\ntherefrom as well as the property of the corporation shall at all times\nbe exempt from taxes, except for transfer and estate taxes. The state\nhereby covenants with the purchasers and with all subsequent holders and\ntransferees of bonds issued by the corporation pursuant to this title,\nin consideration of the acceptance of and payment for the bonds, that\nthe bonds of the corporation issued pursuant to this title and the\nincome therefrom and all revenues, monies, and other property pledged to\nsecure the payment of such bonds shall at all times be free from\ntaxation, except for transfer and estate taxes.\n
N.Y. EDN Law § 2116-A — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2116-A
Books and records to be kept by school districts
Status: in_force

§ 2116-a. Books and records to be kept by school districts. Unless\notherwise prescribed by the state comptroller pursuant to section\nthirty-six of the general municipal law:\n  1. All school districts shall be required to maintain books and\nrecords in such form as the commissioner of education shall approve.\n  2. All school districts, except those employing fewer than eight\nteachers, shall be required to use a double entry bookkeeping system\nincorporating the fund method of accounting in accordance with a uniform\nsystem of accounts approved by the commissioner of education and any\nschool district under the jurisdiction of a district superintendent may\nat its option request the district superintendent to provide such\naccounting service. The cost of accounting service so requested shall be\nallocated by the district superintendent to and be paid by the school\ndistrict receiving such service.\n  3. (a) The school authorities of each school district, except those\nemploying fewer than eight teachers, but including the city school\ndistricts of the cities of Buffalo and Rochester, shall obtain an annual\naudit of its records by an independent certified public accountant or an\nindependent public accountant. The report of such annual audit shall be\npresented to the trustees or board of education by such accountant. The\nboard of education of the city school district of the city of New York,\ndistricts of such city shall obtain an annual audit by the comptroller\nof the city of New York, or by an independent certified public\naccountant or an independent public accountant. Such city school\ndistrict audit shall include, but not be limited to, transactions\nprocessed at the level of the central administrative office, the\ndistrict, and the individual school. The community districts of such\ncity school district shall obtain an annual audit by the bureau of audit\nof the board of education of the city school district of the city of New\nYork or by an independent certified public accountant or an independent\npublic accountant. A copy of the audit report in form prescribed by the\ncommissioner and certified by the accountant, or, in the city school\ndistrict of the city of New York or the community districts therein, by\nthe accountant, or the comptroller or bureau of audit, as the case may\nbe, shall be furnished to the commissioner on or before October\nfifteenth following the end of the fiscal year audited, except that such\nreport shall be furnished to the commissioner on or before January first\nfollowing the end of the fiscal year audited for the city school\ndistricts of the cities of Buffalo, Rochester, Syracuse, Yonkers, and\nNew York and for the community school districts of the city of New York.\n  (b) On or after July first, two thousand five, all school districts,\nexcept the city school district of the city of New York, shall utilize a\ncompetitive request for proposal process when contracting for such\nannual audit. In addition, on or after July first, two thousand five,\nand applicable to all school districts, no audit engagement shall be for\na term longer than five consecutive years; provided, however, that\nnothing in this subdivision shall preclude a district, in its\ndiscretion, from permitting an independent certified public accountant\nor an independent public accountant engaged under an existing contract\nfor such services to (i) submit a proposal for such services in response\nto a request for competitive proposals, or (ii) be awarded a contract to\nprovide such services under a request for proposal process. School\ndistrict procurement policies and procedures adopted pursuant to section\none hundred four-b of the general municipal law shall be amended, if\nnecessary, to be consistent with this requirement.\n  (c) Notwithstanding the provisions of subparagraph one of paragraph\n(b) of subdivision four of section thirty-five of the general municipal\nlaw, each school district shall (i) prepare a corrective action plan in\nresponse to any findings contained in the annual external audit report\nor management letter, or any final audit report issued by the state\ncomptroller, within ninety days of receipt of such report or letter, and\n(ii) to the extent practicable, begin implementation of such corrective\naction plan no later than the end of the next fiscal year.\n  3-a. In addition to the annual audit required by subdivision three of\nthis section, each school district and board of cooperative educational\nservices within the state shall be subject to audits of the state\nconducted by the comptroller as set forth in section thirty-three of the\ngeneral municipal law.\n  3-b. Each school district shall in a timely fashion post on its\nwebsite, if any, the annual external audit report and the corrective\naction plan prepared in response to any findings contained in the annual\nexternal audit report or management letter, or any final audit report\nissued by the state comptroller.\n  4. The school authorities of each school district may employ or\ncontract for the preparation of payrolls, accounts and records by\npersons, firms or corporations using electronic computer systems.\n
N.Y. VAT Law § 219-A — New York Code / Act VAT / Title 2 / Article 2 / Section 219-A
State membership in a multistate voter list maintenance organization
Status: in_force

§ 219-a. State membership in a multistate voter list maintenance\norganization. 1. Notwithstanding any other provision of law to the\ncontrary, the commissioner is authorized to provide to the state's\nrepresentative to a multistate voter list maintenance organization,\ndesignated under section 5-1001 of the election law, the following\ninformation: (a) all name fields; (b) all address fields; (c) DMV ID\nnumber; (d) last four digits of the DMV ID holder's social security\nnumber; (e) date of birth; (f) current record status; (g) phone number;\nand (h) email address, provided that the conditions and terms of\nmembership are consistent with the provisions of this chapter and title\nten of article five of the election law pertaining to such membership or\nreciprocal recognition of vehicle registrations.\n  2. The commissioner shall not knowingly provide any information\npursuant to this section of persons who are not citizens.\n
N.Y. PBA Law § 3873 — New York Code / Act PBA / Article 10-D / Title 2 / Section 3873
Separability; construction
Status: in_force

§ 3873. Separability; construction. If any clause, sentence,\nparagraph, section, or part of this title shall be adjudged by any court\nof competent jurisdiction to be invalid, such judgment shall not affect,\nimpair or invalidate the remainder thereof, but shall be confined in its\noperation to the clause, sentence, paragraph, section, or part thereof\ninvolved in the controversy in which such judgment shall have been\nrendered. The provisions of this title shall be liberally construed to\nassist the effectuation of the public purposes furthered hereby.\n
N.Y. GMU Law § 768 — New York Code / Act GMU / Article 17-A / Title 2 / Section 768
Debts, liabilities and obligations
Status: in_force

§ 768. Debts, liabilities and obligations. 1. All valid and lawful\ndebts and liabilities existing against a consolidated local government\nentity, or which may thereafter arise or accrue against the consolidated\nlocal government entity, which but for consolidation would be valid and\nlawful debts or liabilities against one or more of the component local\ngovernment entities, shall be deemed and taken to be like debts against\nor liabilities of the consolidated local government entity and shall\naccordingly be defrayed and answered to by it to the same extent, and no\nfurther than, the component local government entities would have been\nbound if no consolidation had taken place.\n  2. The rights of creditors and all liens upon the property of any of\nthe component local government entities of a consolidation shall be\npreserved unimpaired. The respective component entities shall be deemed\nto continue in existence to preserve such rights and liens, and all\ndebts, liabilities and duties of any of the component entities shall\nthenceforth attach to the consolidated local government entity and be\nenforced against it to the same extent as if such debts, liabilities and\nduties had been incurred or contracted by the consolidated local\ngovernment entity.\n  3. All bonds, contracts and obligations of the component entities\nwhich exist as legal obligations shall be deemed like obligations of the\nconsolidated local government entity, and all such obligations as are\nauthorized or required to be issued or entered into shall be issued or\nentered into by and in the name of the consolidated local government\nentity.\n
N.Y. EDN Law § 2529 — New York Code / Act EDN / Title 2 / Article 51 / Section 2529
Tax election
Status: in_force

§ 2529. Tax election.  The board of education may call a special\nelection in the manner provided in article fifty-three of this chapter\nand submit to the qualified voters of the school district a proposition\nto expend a sum of money in excess of twenty-five thousand dollars for\nan addition to, or change of site, or purchase of a new site or\nstructure, or for grading or improving a school site, or for the\npurchase of lands and buildings for agricultural, athletic, playground\nor social center purposes, or for building any new school, or for the\nerection of an addition to any school, or for the reconstruction or\nrepair of any school.  Such expenditures, when made pursuant to this\nsection, shall be made only during the fiscal year for which a tax is to\nbe levied.  The provisions of article fifty-three shall apply to such\nelections.\n
N.Y. EDN Law § 2590-M — New York Code / Act EDN / Title 2 / Article 52-A / Section 2590-M
Custody and disbursement of funds
Status: in_force

§ 2590-m. Custody and disbursement of funds. * 1. Public moneys\napportioned to the city district by the state and all funds raised or\ncollected by the authorities of such city for school purposes or to be\nused by the city board or by any community board for any purpose\nauthorized by this chapter, or any other funds belonging to the city\ndistrict or a community district and received from any source whatsoever\nfor school purposes, shall be paid into the city treasury and shall be\ncredited to the city board or to the respective community councils.\n  * NB Effective until June 30, 2028\n  * 1. Public moneys apportioned to the city district by the state and\nall funds raised or collected by the authorities of such city for school\npurposes or to be used by the city board or by any community board for\nany purpose authorized by this chapter, or any other funds belonging to\nthe city district or a community district and received from any source\nwhatsoever for school purposes, shall be paid into the city treasury and\nshall be credited to the city board or to the respective community\nboards.\n  * NB Effective June 30, 2028\n  2. The fund so received into such treasury shall be kept separate and\ndistinct from any other funds received therein. The officer having\ncharge thereof shall give such additional security for the safe custody\nthereof as the corporate authorities of the city of New York shall\nrequire.\n  * 3. a. Funds credited to the city board shall be disbursed upon\nwritten orders of the director of finance of the city signed by the\nchancellor or such other officer or officers as the city board\nauthorize. Funds credited to a community council shall be disbursed upon\nwritten orders of the director of finance of the city signed by the\ncommunity superintendent and such other officer or officers as such\nboard may authorize.\n  b. If an auditor shall have been appointed by the chancellor or any\ncommunity district education council, such orders shall be signed by\nsuch auditor; provided, however, that the chancellor and any such\ndistrict education council may in addition require the signature of such\nother officer or officers as the chancellor may direct or as such\ndistrict education council may by resolution direct.\n  c. Orders issued under this subdivision shall specify the purpose for\nwhich they are drawn and the person to whom they are payable.\n  * NB Effective until June 30, 2028\n  * 3. a. Funds credited to the city board shall be disbursed upon\nwritten orders of the director of finance of the city signed by the\nchancellor or such other officer or officers as the city board\nauthorize. Funds credited to a community board shall be disbursed upon\nwritten orders of the director of finance of the city signed by the\ncommunity superintendent and such other officer or officers as such\nboard may authorize.\n  b. If an auditor shall have been appointed by the city board or any\ncommunity board, such orders shall be signed by such auditor; provided,\nhowever, that the city board and any such board may in addition require\nthe signature of such other officer or officers as it may by resolution\ndirect.\n  c. Orders issued under this subdivision shall specify the purpose for\nwhich they are drawn and the person to whom they are payable.\n  * NB Effective June 30, 2028\n  * 4. a. It shall be unlawful for the director of finance of the city\nto permit any funds placed in his custody under the provisions of this\nsection to be used for any purpose other than that for which they are\nlawfully authorized.\n  b. Such funds shall be paid out only on audit of the city board\nthrough the chancellor or the community council to which such funds are\ncredited, except as otherwise provided in subdivision five of this\nsection.\n  c. Payments from such funds shall be made only by checks signed by the\ndirector of finance of the city and payable to the person entitled\nthereto and countersigned by the comptroller of the city of New York.\n  * NB Effective until June 30, 2028\n  * 4. a. It shall be unlawful for the director of finance of the city\nto permit any funds placed in his custody under the provisions of this\nsection to be used for any purpose other than that for which they are\nlawfully authorized.\n  b. Such funds shall be paid out only on audit of the city board\nthrough the chancellor or the community board to which such funds are\ncredited, except as otherwise provided in subdivision five of this\nsection.\n  c. Payments from such funds shall be made only by checks signed by the\ndirector of finance of the city and payable to the person entitled\nthereto and countersigned by the comptroller of the city of New York.\n  * NB Effective June 30, 2028\n  * 5. Fixed salaries, principal of and interest on indebtedness and\namounts becoming due upon lawful contracts for periods exceeding one\nyear may be disbursed without prior audit by the city board or the\ncouncil to which such funds are credited.\n  * NB Effective until June 30, 2028\n  * 5. Fixed salaries, principal of and interest on indebtedness and\namounts becoming due upon lawful contracts for periods exceeding one\nyear may be disbursed without prior audit by the city board or the board\nto which such funds are credited.\n  * NB Effective June 30, 2028\n  * 6. The chancellor, city board and each district education council\nreferred to in this section shall make, in addition to such\nclassification of its funds as it desires for its own use and\ninformation, such further classification of the funds credited to it and\nof the disbursement thereof as the comptroller of the city of New York\nshall require; provided that the classification of funds by community\ncouncils shall be in accordance with the altered schedules developed\npursuant to subdivision eight of section twenty-five hundred ninety-i of\nthis article. The chancellor, city board and community district\neducation councils shall furnish such data in relation to such funds and\ntheir disbursements as the comptroller of the city of New York shall\nrequire.\n  * NB Effective until June 30, 2028\n  * 6. The city board and each board referred to in this section shall\nmake, in addition to such classification of its funds as it desires for\nits own use and information, such further classification of the funds\ncredited to it and of the disbursement thereof as the comptroller of the\ncity of New York shall require; provided that the classification of\nfunds by community boards shall be in accordance with the altered\nschedules developed pursuant to subdivision eight of section twenty-five\nhundred ninety-i of this article. The city board and community boards\nshall furnish such data in relation to such funds and their\ndisbursements as the comptroller of the city of New York shall require.\n  * NB Effective June 30, 2028\n  7. The comptroller of the city of New York shall audit the accounts of\nthe city board and each community district, and, subject to laws\nsafeguarding the disclosure of individual information, make public the\nresults of such audits, at least once every four years; provided that\nthis section shall not limit the obligations of the school districts\npursuant to section twenty-one hundred sixteen-a of this chapter. The\ncomptroller of the city of New York shall be entitled to the cooperation\nof the commissioner of finance of the city of New York, the chief fiscal\ninvestigations officer and the internal auditors appointed pursuant to\nsubdivision thirty-seven of section twenty-five hundred ninety-h of this\narticle.\n  * 8. Notwithstanding any provision of law to the contrary, the powers\nand duties conferred on a community district education council by this\nsection shall be exercised exclusively by the community superintendent\nemployed by such council.\n  * NB Effective until June 30, 2028\n  * 8. Notwithstanding any provision of law to the contrary, the powers\nand duties conferred on a community school board by this section shall\nbe exercised exclusively by the community superintendent employed by\nsuch board.\n  * NB Effective June 30, 2028\n
N.Y. PBH Law § 2422 — New York Code / Act PBH / Article 24 / Title 2 / Section 2422
Cancer institute; commissioner's duty to publish reports
Status: in_force

§ 2422. Cancer institute; commissioner's duty to publish reports.  The\ncommissioner shall publish from time to time the result of the\ninvestigations by the state institute for the study of malignant\ndiseases for the benefit of humanity, and from time to time, he shall\ncollate its publications in a scientific report for distribution to\nscientific organizations and to medical scientists and qualified members\nof the medical profession.\n
N.Y. RPT Law § 467-E — New York Code / Act RPT / Article 4 / Title 2 / Section 467-E
Rebate for owners or tenant-stockholders of one, two or three family residences or residential property held in the condominium or cooper...
Status: in_force

§ 467-e. Rebate for owners or tenant-stockholders of one, two or three\nfamily residences or residential property held in the condominium or\ncooperative form of ownership in a city having a population of one\nmillion or more. 1. Generally. Notwithstanding any provision of any\ngeneral, special or local law to the contrary, any city having a\npopulation of one million or more is hereby authorized and empowered to\nadopt and amend local laws in accordance with this section to grant a\nrebate of real property taxes for fiscal years beginning on the first of\nJuly, two thousand three and ending on the thirtieth of June, two\nthousand nine in the amount of the lesser of four hundred dollars or the\nannual tax liability imposed on the property. No such local law may be\nadopted unless, as originally adopted, it authorizes such rebate to be\ngranted in accordance with this section for three consecutive fiscal\nyears beginning with the fiscal year beginning on the first of July, two\nthousand three. No such rebate shall be granted by local law for any\nfiscal year beginning on or after the first of July, two thousand nine,\nunless the council of such city, in fixing the annual tax rates for any\nsuch fiscal year, shall have uniformly reduced such rates for all\nclasses of property in order to produce real property tax relief among\nsuch classes of property in an amount not less than, in the aggregate,\nthe aggregate amount of rebate paid in such fiscal year. No such local\nlaw implementing the provisions of this section, as amended by the\nchapter of the laws of two thousand seven which added this sentence, may\nbe adopted unless, as originally adopted, such local law authorizes such\nrebate to be granted in accordance with this section for three\nconsecutive fiscal years beginning with the fiscal year beginning on the\nfirst of July, two thousand six. Any rebate authorized by local law in\naccordance with this section shall be paid in the fiscal year following\nthe fiscal year for which the rebate is granted. If, with respect to the\nfiscal year of such city beginning on the first of July, two thousand\neight and ending on the thirtieth of June, two thousand nine, an\nincrease in average real property tax rates would otherwise be necessary\nin the resolution of such city council fixing real property tax rates\nfor such fiscal year pursuant to the charter of such city, then the\nrebate to be paid for such fiscal year shall be reduced or eliminated as\nfollows: where the sum to be raised by such increase is less than seven\nhundred fifty million dollars, then such rebate shall be reduced by\nfifty cents for each dollar of increase, and where the sum to be raised\nby such increase is seven hundred fifty million dollars or more, then\nsuch rebate shall be eliminated. The determination of the reduction or\nelimination of such rebate shall be set forth in such resolution after\nconsultation with the department of finance of such city and shall take\neffect upon the final adoption of such resolution. Such rebate shall be\npaid to an owner or tenant-stockholder who, as of the date the\napplication provided for in subdivision four of this section is due,\nowns a one, two or three family residence or a dwelling unit in\nresidential property held in the condominium or cooperative form of\nownership that is the owner or tenant-stockholder's primary residence\nand meets all other eligibility requirements of this section.\nNotwithstanding anything to the contrary in sections four hundred\ntwenty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of\nthis title, an owner or tenant-stockholder whose property is receiving\nbenefits pursuant to such sections shall not be prohibited from\nreceiving a rebate pursuant to this section if such owner or\ntenant-stockholder is otherwise eligible to receive such rebate.\nTenant-stockholders of dwelling units in a cooperative apartment\ncorporation incorporated as a mutual company pursuant to article two,\nfour, five or eleven of the private housing finance law shall not be\nentitled to the rebate authorized by this section. Such rebate shall be\npaid by the commissioner of finance to eligible owners or\ntenant-stockholders in accordance with rules promulgated by the\ncommissioner of finance.\n  2. Eligibility requirements. a. To qualify for the rebate pursuant to\nthis section (1) the property must be a one, two or three family\nresidence or residential property held in the condominium or cooperative\nform of ownership;\n  (2) the property must serve as the primary residence of one or more of\nthe owners or tenant-stockholders thereof; and\n  (3) the owner must not be in arrears in the payment of real property\ntaxes in an amount in excess of twenty-five dollars for the fiscal year\nfor which the rebate is claimed and all prior fiscal years, and for\nresidential property held in the cooperative form of ownership, there\nmust be no arrears in the payment of real property taxes in an amount in\nexcess of an average of twenty-five dollars per dwelling unit in such\ncooperative apartment corporation for the fiscal year for which the\nrebate is claimed and all prior fiscal years.\n  b. If legal title to the property is held by one or more trustees, the\nbeneficial owner or owners shall be deemed to own the property for\npurposes of this subdivision.\n  3. Definitions. As used in this section:\n  a. "Applicant" means the owner or owners or tenant-stockholder or\ntenant-stockholders of the property.\n  b. "Commissioner of finance" means the commissioner of finance of a\ncity having a population of one million or more, or his or her designee.\n  c. "Property" means a one, two or three family residence or a dwelling\nunit in residential property held in the condominium or cooperative form\nof ownership.\n  4. Application procedure. a. Generally. Notwithstanding any provision\nof any general, special or local law to the contrary, an application for\na rebate pursuant to this section for the fiscal year beginning the\nfirst of July, two thousand three, shall be made no later than the date\npublished by the commissioner of finance in the city record and in other\nappropriate general notices pursuant to this subdivision, which date\nshall be no earlier than thirty days after the effective date of this\nsubdivision. An application for a rebate pursuant to this section for\nfiscal years beginning on or after the first of July, two thousand four\nand ending on the thirtieth of June, two thousand six, shall be made no\nlater than the fifteenth of March of the fiscal year for which the\nrebate is claimed. An application for a rebate pursuant to this section\nfor fiscal years beginning on or after the first of July, two thousand\nsix, shall be made no later than the first of September following the\nfiscal year for which the rebate is claimed. All owners or\ntenant-stockholders of property who primarily reside thereon must\njointly file an application for the rebate on or before the application\ndeadline, unless such owners or tenant-stockholders currently receive a\nreal property tax exemption pursuant to section four hundred\ntwenty-five, four hundred fifty-eight, four hundred fifty-eight-a, four\nhundred fifty-nine-c or four hundred sixty-seven of this title, in which\ncase no separate application for a rebate pursuant to this section shall\nbe required. Such application may be filed by mail if it is enclosed in\na postpaid envelope properly addressed to the commissioner of finance,\ndeposited in a post office or official depository under the exclusive\ncare of the United States postal service, and postmarked by the United\nStates postal service on or before the application deadline. Each such\napplication shall be made on a form prescribed by the commissioner of\nfinance, which shall require the applicant to agree to notify the\ncommissioner of finance if his, her or their primary residence changes\nafter receiving the rebate pursuant to this section, or after filing an\napplication for such rebate, if his, her or their primary residence\nchanges after filing such application, but before receiving such rebate.\nThe commissioner of finance may request that proof of primary residence\nbe submitted with the application. No rebate pursuant to this section\nshall be granted unless the applicant, if required to do so by this\nsubdivision, files an application within the time periods prescribed in\nthis subdivision.\n  b. Approval or denial of application. If the commissioner of finance\ndetermines that the applicant is entitled to the rebate pursuant to this\nsection, the commissioner shall approve the application and such owner\nor tenant-stockholder shall thereafter be entitled to the rebate as\nprovided in this section. If the commissioner of finance determines that\nthe applicant is not entitled to the rebate pursuant to this section,\nthe commissioner shall mail to each applicant not entitled to the rebate\na notice of denial of that application for the rebate for that year in\naccordance with rules for denial of applications to be promulgated by\nthe commissioner of finance. The notice of denial shall specify the\nreason for such denial and shall be sent on a form prescribed by the\ncommissioner of finance. Failure to mail any such notice of denial or\nthe failure of any applicant to receive such notice shall not prevent\nthe levy, collection and enforcement of taxes on such applicant's\nproperty.\n  c. Proof of residency. (1) Requests. From time to time, the\ncommissioner of finance may request proof of residency from the owner or\ntenant-stockholder receiving a rebate pursuant to this section.\n  (2) Timing. A request for proof of residency shall be mailed at least\nsixty days prior to the ensuing application deadline. The owner or\ntenant-stockholder shall submit proof of his, her or their residency in\nan application to the commissioner of finance on or before the\napplication deadline.\n  d. Review of submission. The burden shall be on the applicant to\nestablish that the property is his, her or their primary residence and\nthat any other requirements to obtain the rebate are satisfied. If the\napplicant submits proof of residency on or before the application\ndeadline, and the submission demonstrates to the commissioner of\nfinance's satisfaction that the property is the primary residence of the\napplicant, and if the requirements of this section are otherwise\nsatisfied, the rebate shall be paid. Otherwise, the commissioner of\nfinance shall discontinue the rebate and, where appropriate, shall\nproceed as further provided herein.\n  e. Oath. The commissioner of finance shall have the authority to\nrequire that statements made in connection with any application filed\npursuant to this section be made under oath. Such application shall\ncontain the following declaration: "I certify that all information\ncontained in this application is true and correct to the best of my\nknowledge and belief.  I understand that willful making of any false\nstatement of material fact herein will subject me to the provisions of\nlaw relevant to the making and filing of false instruments and will\nrender this application null and void." Such application shall also\nstate that the applicant agrees to comply with and be subject to the\nrules promulgated from time to time by the commissioner of finance\npursuant to this section.\n  5. Discontinuance of rebate. a. Generally. The commissioner of finance\nshall discontinue any rebate paid or granted pursuant to this section if\nit appears that: (1) the property may not be the primary residence of\nthe owner or tenant-stockholder who received or applied for the rebate,\n(2) title to the property has been transferred to a new owner or\ntenant-stockholder, or (3) the property is otherwise no longer eligible\nfor the rebate. For the purposes of this section, title to that portion\nof real property owned by a cooperative apartment corporation in which a\ntenant-stockholder of such corporation resides, and which is represented\nby his or her share or shares of stock in such corporation as determined\nby its or their proportional relationship to the total outstanding stock\nof the corporation, including that owned by the corporation, shall be\ndeemed to be vested in such tenant-stockholder.\n  b. Rights of owners and tenant-stockholders. Upon determining that a\nrebate paid or granted pursuant to this section should be discontinued,\nthe commissioner of finance shall mail a notice so stating to the\naffected owner or tenant-stockholder at the time and in the manner to be\nprovided in rules promulgated by the commissioner of finance. Such owner\nor tenant-stockholder shall be entitled to seek administrative and\njudicial review of such action in the manner provided by law, provided,\nthat the burden shall be on the owner or tenant-stockholder to establish\neligibility for the rebate.\n  6. Recovery of prior rebate. If the commissioner of finance determines\nthat the owner or tenant-stockholder was (a) not entitled to a rebate\nunder this section, or (b) that a rebate was paid or calculated in error\nunder this section, then the commissioner of finance shall recover or\nrecalculate such rebate and the amount of the rebate or an amount equal\nto the difference between the rebate originally paid and the amount to\nwhich the owner or tenant-stockholder was entitled shall be deducted\nfrom any refund otherwise payable, and any balance of such amount\nremaining unpaid shall be paid to the commissioner of finance within\nthirty days from the date of mailing by the commissioner of finance of a\nnotice of the amount payable. Such amount payable shall constitute a tax\nlien on the property as of the date of such notice and, if not paid\nwithin such thirty-day period, penalty and interest at the rate\napplicable to delinquent taxes on such property shall be charged and\ncollected on such amount from the date of such notice to the day of\npayment, and such amount payable shall be enforceable as a tax lien in\naccordance with provisions of law relating to the enforcement of tax\nliens in any such city.\n  7. Penalty for material misstatements. a. Generally. If the\ncommissioner of finance determines, within three years from the payment\nof a rebate pursuant to this section, that there was a material\nmisstatement in an application filed pursuant to this section or in an\napplication filed pursuant to section four hundred twenty-five of this\ntitle and that such misstatement provided the basis for the payment of a\nrebate under this section, the commissioner of finance shall proceed to\nimpose a penalty tax against the property of one thousand dollars in\naddition to recovering the amount of any prior rebate under subdivision\nsix of this section. An application shall be deemed to contain a\nmaterial misstatement for this purpose when either:\n  (1) the applicant claimed the property was his, her or their primary\nresidence, when it was not;\n  (2) the applicant claimed the property was eligible for a rebate\npursuant to this section, when it was not; or\n  (3) the applicant claimed that the applicant owned the property, when\nthe applicant did not.\n  b. Procedure. When the commissioner of finance determines that a\npenalty tax should be imposed, the penalty tax shall be entered on the\nnext ensuing tentative or final assessment roll. Each owner or\ntenant-stockholder shall be given notice of the possible imposition of a\npenalty tax, and shall be entitled to seek administrative and judicial\nreview of such action in the manner provided by law.\n  c. Additional consequences. A penalty tax may be imposed pursuant to\nthis subdivision whether or not the improper rebate has been revoked in\nthe manner provided for by this section.\n  8. Rulemaking. The commissioner of finance shall be authorized to\npromulgate rules necessary to effectuate the purposes of this section.\n  9. Non-disclosure. The information contained in applications or\nstatements in connection therewith filed with the commissioner of\nfinance pursuant to subdivision four of this section shall not be\nsubject to disclosure under article six of the public officers law.\n
N.Y. SOS Law § 472-I — New York Code / Act SOS / Article 9-A / Title 2 / Section 472-I
Quorum to do business
Status: in_force

§ 472-i.  Quorum to do business.  Five members of the board shall be a\nquorum provided however in the case where the then current board of\ndirectors is more than fifteen members then six members of the board\nshall be a quorum, and the board may delegate its powers, during the\ninterval between its meetings, to an executive committee of its own\nmembers, whose minutes shall be kept as provided by the by-laws, and\nshall be reported for approval to all stated meetings of the board; but\nno purchase or conveyance of real estate shall be made unless by the\nconcurrence of a majority of the whole board.\n
N.Y. EDN Law § 1803 — New York Code / Act EDN / Title 2 / Article 37 / Section 1803
Proceedings at meeting
Status: in_force

§ 1803. Proceedings at meeting. 1. Any meeting held pursuant to the\nnotice provided in section eighteen hundred two shall be called to order\nby a school official or a qualified voter of the district, designated by\nthe commissioner of education for the purpose. The first order of\nbusiness shall be the election of a chairman and a clerk who shall be\nqualified voters of the district. The meeting may be adjourned from time\nto time by a majority vote of the qualified voters present but no such\nadjournment shall be for a longer period than ten days. The affirmative\nvote of a majority of the qualified voters present and voting shall be\nrequired on the adoption of a resolution.\n  2. At a meeting held pursuant to subdivision one of section eighteen\nhundred two a resolution in substantially the following form shall be\npresented for the action and determination of the meeting, viz.:\n"Resolved that the ........ central school district (add designation) as\ndescribed in the order of the commissioner of education now before this\nmeeting, be organized and a central school for instruction in elementary\nand high school subjects be established."\n  3. At a meeting held in an existing central school district pursuant\nto subdivision two of section eighteen hundred two a resolution in\nsubstantially the following form shall be presented for the action and\ndetermination of the meeting, viz.: "Resolved that the ........ (insert\nsimplified name of district in accordance with section three hundred\nfifteen of this chapter) school district be annexed to the .........\ncentral school district (designate central school district) as provided\nin the order of the commissioner of education now before this meeting."\nSaid resolution may be amended by a majority vote of the qualified\nvoters present to exclude one or more of the districts described in said\norder of the commissioner from annexation to the central school\ndistrict.\n  4. At a meeting held in any common or union free school district\npursuant to subdivision two of section eighteen hundred two a resolution\nin substantially the following form shall be presented for the action\nand determination of the meeting, viz.: "Resolved that the .........\n(insert simplified name of district in accordance with section three\nhundred fifteen of this chapter) school district be annexed to the\n.......... central school district (designate central school district) as\nprovided in the order of the commissioner of education now before this\nmeeting."\n  5. Votes upon the adoption of a resolution shall be cast in the same\nmanner as votes for the election of school district trustees. The\ncommissioner of education may order such modifications in the manner of\nvoting as are customary for school district elections in the community\naffected by such vote. Such modifications may include the use of voting\nmachines and shall include the use of absentee ballots as provided under\nsection two thousand eighteen-a or two thousand eighteen-b of this\ntitle, whichever shall apply, and early mail ballots as provided in\nsection two thousand eighteen-e or two thousand eighteen-f of this\ntitle, whichever shall apply.\n  6. A copy of the minutes of the meeting or meetings duly certified by\nthe clerk shall be filed by him with the commissioner of education, with\neach school superintendent in whose jurisdiction such school district,\nor any part thereof, is or may thereafterward be located and with the\ntown clerk of each town in which any part of said school district is or\nmay thereafterward be located.\n  7. If the resolution described in subdivision two of this section is\nadopted, then the voters shall proceed to organize in accordance with\nthe provisions of this article.\n  8. If at any such meeting the resolution described in subdivision two,\nthree or four of this section shall be presented and shall not be\nadopted, there shall be no further proceedings at such meeting, except a\nmotion to reconsider the question. No such meeting shall again be called\nwithin one year after such original meeting. No new meeting shall be\ncalled unless a petition therefor shall be presented to the commissioner\nin the manner provided in subdivision two of section eighteen hundred\ntwo of this article. If no meeting shall be called to reconsider the\nquestion within two years after such original meeting or if at any such\nmeeting called within two years after such original meeting the\nresolution shall again fail of adoption, the order of the commissioner\nof education to which the resolution relates shall be deemed null and\nvoid and of no further force or effect.\n  9. If the resolution submitted to the voters as provided in either\nsubdivision three or subdivision four of this section shall be adopted\nthe territory described therein shall thereupon be annexed to the\nexisting central school district.\n
N.Y. DOM Law § 114 — New York Code / Act DOM / Article 7 / Title 2 / Section 114
Order of adoption
Status: in_force

§ 114. Order of adoption. 1. If satisfied that the best interests of\nthe adoptive child will be promoted thereby, the judge or surrogate\nshall make an order approving the adoption and directing that the\nadoptive child shall thenceforth be regarded and treated in all respects\nas the child of the adoptive parents or parent. In determining whether\nthe best interests of the adoptive child will be promoted by the\nadoption, the judge or surrogate shall give due consideration to any\nassurance by a local commissioner of social services that he or she will\nprovide necessary support and maintenance for the adoptive child\npursuant to the social services law. Such order shall contain the full\nname, date and place of birth and reference to the schedule annexed to\nthe petition containing the medical history of the child in the body\nthereof and shall direct that the child's medical history, heritage of\nthe birth parents, which shall include nationality, ethnic background\nand race; education, which shall be the number of years of school\ncompleted by the birth parents at the time of the birth and also at the\ntime of surrender of the adoptive child; general physical appearance of\nthe birth parents at the time of the birth and also at the time of\nsurrender of the adoptive child, which shall include height, weight,\ncolor of hair, eyes, skin; occupation of the birth parents at the time\nof the birth and also at the time of surrender of the adoptive child;\nhealth and medical history of the birth parents at the time of the birth\nand also at the time of surrender of the adoptive child, including all\navailable information setting forth conditions or diseases believed to\nbe hereditary, any drugs or medication taken during the pregnancy by the\nchild's mother; and any other information which may be a factor\ninfluencing the child's present or future health, including the talents,\nhobbies and special interests of the birth parents as contained in the\npetition, be furnished to the adoptive parents, the commissioner and the\nappropriate local registrar of vital statistics. If the judge or\nsurrogate is also satisfied that there is no reasonable objection to the\nchange of name proposed, the order shall direct that the name of the\nadoptive child be changed to the name stated in the agreement of\nadoption and that henceforth he or she shall be known by that name. All\nsuch orders made by a family court judge of Westchester county since\nSeptember first, nineteen hundred sixty-two, and on file in the office\nof the county clerk of such county shall be transferred to the clerk of\nthe family court of such county. Such order and all the papers in the\nproceeding shall be filed in the office of the court granting the\nadoption and the order shall be entered in books which shall be kept\nunder seal and which shall be indexed by the name of the adoptive\nparents and by the full original name of the child. Such order,\nincluding orders heretofore entered, shall be subject to inspection and\nexamination only as hereinafter provided. Notwithstanding the fact that\nadoption records shall be sealed and secret, they may be microfilmed and\nprocessed pursuant to an order of the court, provided that such order\nprovides that the confidentiality of such records be maintained. If the\nconfidentiality is violated, the person or company violating it can be\nfound guilty of contempt of court. The fact that the adoptive child was\nborn out of wedlock shall in no case appear in such order. The written\nreport of the investigation together with all other papers pertaining to\nthe adoption shall be kept by the judge or surrogate as a permanent\nrecord of his or her court and such papers must be sealed by him or her\nand withheld from inspection. No certified copy of the order of adoption\nshall issue unless authorized by court order, except that certified\ncopies may issue to the agency or agencies in the proceeding prior to\nthe sealing of the papers. Before the record is sealed, such order may\nbe granted upon written ex parte application on good cause shown and\nupon such conditions as the court may impose. After the record is\nsealed, such order may be granted only upon notice as hereinafter\nprovided for disclosure or access and inspection of records. The clerk\nupon request of a person or agency entitled thereto shall issue\ncertificates of adoption which shall contain only the new name of the\nchild and the date and place of birth of the child, the name of the\nadoptive parents and the date when and court where the adoption was\ngranted, which certificate as to the facts recited therein shall have\nthe same force and effect as a certified copy of an order of adoption.\nFor the purposes of this subdivision, the term "commissioner" shall mean\nthe state commissioner of health and, with respect to an adoptive child\nborn in the city of New York, the commissioner of health and mental\nhygiene of the city of New York.\n  2. No person, including the attorney for the adoptive parents shall\ndisclose the surname of the child directly or indirectly to the adoptive\nparents except upon order of the court. No person shall be allowed\naccess to such sealed records and order and any index thereof except\nupon an order of a judge or surrogate of the court in which the order\nwas made or of a justice of the supreme court. No order for disclosure\nor access and inspection shall be granted except on good cause shown and\non due notice to the adoptive parents and to such additional persons as\nthe court may direct. Nothing contained herein shall be deemed to\nrequire the state commissioner of health or his designee to secure a\ncourt order authorizing disclosure of information contained in adoption\nor birth records requested pursuant to the authority of section\nforty-one hundred thirty-eight-c or section forty-one hundred\nthirty-eight-d of the public health law; upon the receipt of such\nrequest for information, the court shall transmit the information\nauthorized to be released thereunder to the state commissioner of health\nor his designee.\n  3. In like manner as a court of general jurisdiction exercises such\npowers, a judge or surrogate of a court in which the order of adoption\nwas made may open, vacate or set aside such order of adoption for fraud,\nnewly discovered evidence or other sufficient cause.\n  4. Good cause for disclosure or access to and inspection of sealed\nadoption records and orders and any index thereof, hereinafter the\n"adoption records", under this section may be established on medical\ngrounds as provided herein. Certification from a physician licensed to\npractice medicine in the state of New York that relief under this\nsubdivision is required to address a serious physical or mental illness\nshall be prima facie evidence of good cause. Such certification shall\nindentify the information required to address such illness. Except where\nthere is an immediate medical need for the information sought, in which\ncase the court may grant access to the adoption records directly to the\npetitioner, the court hearing petition under the subdivision shall\nappoint a guardian ad litem or other disinterested person, who shall\nhave access to the adoption records for the purpose of obtaining the\nmedical information sought from those records or, where the records are\ninsufficient for such purpose, through contacting the biological\nparents. The guardian or other disinterested person shall offer a\nbiological parent the option of disclosing the medical information\nsought by the petitioner pursuant to this subdivision, as well as the\noption of granting consent to examine the parent's medical records. If\nthe guardian or other disinterested person appointed does not obtain the\nmedical information sought by the petitioner, such guardian or\ndisinterested person shall make a report of his or her efforts to obtain\nsuch information to the court. Where further efforts to obtain such\ninformation are appropriate, the court may in its discretion authorize\ndirect disclosure or access to and inspection of the adoption records by\nthe petitioner.\n
N.Y. EDN Law § 2117 — New York Code / Act EDN / Title 2 / Article 43 / Part 1 / Section 2117
Reports
Status: in_force

§ 2117. Reports.  1. The school authorities of each school district\nshall make a full report to the commissioner of education upon any\nparticular matter relating to their schools whenever such report shall\nbe required by said commissioner.\n  2. The school authorities of each such school district shall, on the\nfirst day of August in each year, make to the commissioner of education\na report in writing for the year ending June thirtieth preceding.  In\ndistricts under the jurisdiction of a district superintendent, such\nreports shall be first submitted to the district superintendent, in\nduplicate, and he shall approve one copy and file it with the\ncommissioner of education. Such report shall be in such form as the\ncommissioner of education shall approve; and every such report shall\ncertify:\n  a. The whole time school has been maintained in their district during\nthe year ending on June thirtieth previous to the date of such report,\nand stating what portion of the time such school has been taught by\nqualified teachers, and the whole number of days, including holidays, in\nwhich the school was taught by qualified teachers.\n  b. The amount of their drafts upon the county treasurer, collector or\ntreasurer of the district for the payment of teachers' salaries during\nsuch year, and the amount of their drafts for the purchase of books and\nschool apparatus during such year, and the manner in which such moneys\nhave been expended.\n  c. The number of children taught in the district during such year by\nqualified teachers, and the aggregate days' attendance of all such\nchildren.\n  d. The number of children residing in their district, from birth and\nunder eighteen years of age, who shall have been, on the thirtieth day\nof August last preceding the date of such report, legal residents of\nsuch district. Children supported at an orphan asylum shall not be\nincluded in such enumeration.\n  e. The number of vaccinated and unvaccinated children of school age in\ntheir district.\n  f. The amount of money paid for teachers' salaries, in addition to the\npublic money paid therefor, the amount of taxes levied in such district\nfor purchasing school sites, for building, hiring, purchasing, repairing\nand insuring schoolhouses, for fuel, for school libraries, or for any\nother purpose allowed by law.\n  g. Such additional information in relation to the schools under their\nmanagement and control as the commissioner of education shall require.\n  3. The commissioner of education shall prepare, based on information\nsubmitted to him by school districts, periodic reports covering new\nschool buildings giving information about them including but not limited\nto the following:\n  (1) Cost of site.\n  (2) Cost of site improvement including roads, parking, playfields, and\nutility lines to the building wall.\n  (3) Original furnishings, equipment and apparatus.\n  (4) Professional fees.\n  (5) Incidental costs.\n  (6) Total cost of building.\n  (7) Cost of building per pupil.\n  (8) Cost of building per gross square foot.\n  (9) Cost per gross square foot of the heating and ventilating.\n  (10) Cost per gross square foot of the plumbing.\n  (11) Cost per gross square foot of the electrical work.\n  (12) Square foot per pupil in the total gross area.\n  (13) Square foot per pupil in the net area of the regular and special\nclassrooms.\n  (14) Square foot per pupil in the net area of other rooms used for\neducational, health, administrative or social purposes such as the\ncafeteria, auditorium, gymnasium, kitchen and library.\n  (15) Square foot per pupil of the remaining difference between the\ngross area and the sum of thirteen and fourteen which would include\ntoilet rooms, general storage, corridors, stair enclosures, janitor\nclosets, boiler rooms, building machinery rooms and the area occupied by\nthe walls of the building.\n  (16) An outline of the school plan.\n  (17) A brief outline specification for the building construction.\n  (18) The name of the architect.\n  (19) The name of the mechanical engineer.\n  (20) The name of the structural engineer.\n  (21) Whether single or multiple bidding was used.\n
N.Y. EDN Law § 2126 — New York Code / Act EDN / Title 2 / Article 43 / Part 2 / Section 2126
Payments and reports by collector
Status: in_force

§ 2126.  Payments and reports by collector.  1. The collector shall\nkeep in his possession all moneys received or collected by him by virtue\nof any warrant, or received by him from the county treasurer or board of\nsupervisors for taxes returned as unpaid, or moneys apportioned by the\nstate or raised by direct taxation, and pay the same out upon the\nwritten order of a majority of the trustees.\n  2. When a treasurer shall have been elected or appointed in a school\ndistrict, the collector of such district shall pay over all moneys\ncollected by him under and by virtue of any tax list and warrant issued\nand delivered to him, to said treasurer; and he shall report in writing,\nat the annual meeting, all his collections, receipts and disbursements,\nand shall report to the county treasurer on or before the first Tuesday\nof March in each year the amounts of school moneys in his hands not paid\nout on trustees' orders, and shall pay over to his successor in office,\nwhen such successor has duly qualified and given a bond as required by\nsection twenty-one hundred twenty-four, all moneys in his hands\nbelonging to the district.\n
N.Y. EDN Law § 2587 — New York Code / Act EDN / Title 2 / Article 52 / Section 2587
Tenure in fashion institute of technology
Status: in_force

§ 2587. Tenure in fashion institute of technology. 1. The following\nwords and phrases, as hereinafter used, and for the purposes of this\nsection, shall have the following meanings:\n  a. "Community college" shall mean fashion institute of technology, a\ncommunity college sponsored by the board of education of the city of New\nYork.\n  b. "Board" shall mean the board of trustees of fashion institute of\ntechnology.\n  c. "Instructional staff" shall mean the persons employed in the\ncommunity college in the positions of president, dean, director,\nassistant dean, assistant director, chairman of department or division,\nsenior instructor, instructor, lecturer, college registrar, college\nbursar, laboratory technician, college administrative assistant,\ninstructor technologist, college librarian, assistant librarian; or in\nany position which the board in its discretion may add thereto.\n  d. "Tenure" shall mean the right of a person to hold his position\nduring good behavior and efficient and competent service, and not to be\nremoved therefrom except for cause in the manner hereinafter provided.\n  2. All members of the permanent instructional staff under the\njurisdiction of the board shall have tenure.\n  3. The permanent instructional staff shall consist of:\n  a. All persons employed on an annual salary basis in the community\ncollege in the positions of senior instructor, librarian, assistant\nlibrarian, college registrar, college bursar or college administrative\nassistant, who, on the date on which this section is enacted, are\nserving in any of the positions enumerated in this paragraph and have\ncompleted at least four full years of continuous service on an annual\nsalary from the date of their appointment to any of the positions\nenumerated in this paragraph, or who have so served at least three full\nyears and have been appointed for a fourth full year.\n  b. All other persons employed on an annual salary basis in the\ncommunity college in the positions of senior instructor, librarian,\nassistant librarian, college registrar, college bursar, college\nadministrative assistant, or in any position hereafter created which the\nboard in its discretion may designate as a tenure position, who, after\nserving on an annual salary in any of the positions enumerated or\nprovided for in this paragraph for three full years continuously, have\nbeen appointed or shall be appointed for a fourth full year, except as\nprovided in subdivision four of this section, provided that in\ndetermining the tenure rights of such persons time served as an\ninstructor shall be counted.\n  c. Any regularly appointed member of the teaching or supervising staff\nof the board of education of the city of New York who, on the date on\nwhich this section is enacted, is serving in the community college in\nthe position of senior instructor, librarian, assistant librarian,\ncollege registrar, college bursar or college administrative assistant,\npursuant to an assignment by the superintendent of schools of the board\nof education of the city of New York, and has or thereafter shall have\ncompleted three full years of continuous service in any of the positions\nenumerated in this paragraph, or in any position hereafter created which\nthe board may designate as a tenure position, shall be entitled to\nbecome a member of the permanent instructional staff of the community\ncollege with tenure in the position in which he is then serving in the\ncommunity college providing such person, within three months after such\ncompletion of three full years of continuous service, shall notify the\npresident of the community college in writing of his election to become\na member of the permanent instructional staff of the community college\nwith tenure in the position in which he is then serving in the community\ncollege, and provided further that such person shall within the same\nperiod resign from his position in the board of education of the city of\nNew York. Such person shall have the absolute right, notwithstanding his\nelection to become a member of the permanent instructional staff of the\ncommunity college with tenure, to continue as a member of the retirement\nsystem of which he was a member immediately prior to such election,\nwithout any loss or diminution in his rights, status or privileges in\nsuch retirement system. Any regular license issued by the superintendent\nof schools of the board of education of the city of New York, held by\nsuch person at the time he becomes entitled to tenure in the community\ncollege shall continue to be valid during his continuance of service in\nthe community college.\n  4. Nothing herein contained shall be construed as conferring or\npermitting tenure, or service credit toward the achievement of tenure,\nin the positions of president, dean, director, assistant dean, chairman\nof department or division, or assistant director. Appointments to such\nposition or removal therefrom, however, shall not deprive the person so\nappointed or removed of tenure in highest position on the instructional\nstaff held with tenure prior to his appointment to such office or\nconjointly with such office, nor shall such appointment or the holding\nof such position or removal from such position deprive any person of\nservice credit toward the achievement of tenure under the provisions of\nthis section.\n  5. A certificate of permanent tenure shall be issued by the board upon\nthe enactment of this section to each person then employed in the\ncommunity college who, on or prior to the date of such enactment, shall\nhave satisfied the requirements for entitlement to tenure prescribed by\nthis section. In the case of any person now or hereafter employed in the\ncommunity college, who, after such date of enactment, satisfies such\nrequirements for entitlement to tenure, a certificate of permanent\ntenure shall be issued by the board to such person, upon the completion\nby such person of such requirements.\n  6. For the purpose of appointments and promotions in the instructional\nstaff which may be made after the date on which this section is enacted,\nthe board shall determine to what extent examinations are practicable to\nascertain merit and fitness for each of the positions under its\njurisdiction, and, insofar as examinations are deemed practicable, shall\ndetermine to what extent it is practicable, that such examinations be\ncompetitive. Any examination held in accordance with the provisions of\nthis subdivision shall be set and administered through any agency which\nthe board may from time to time create or designate. The superintendent\nof schools of the board of education of the city of New York may, upon\nthe request of the president of the community college, direct the\nmedical board of the board of education of the city of New York to\nrender such service as the president of the community college may\nrequest to assist the board and the president of the community college\nin the ascertainment of merit and fitness for appointment to or relative\nto service in instructional positions in the community college.\n  7. Neither tenure as conferred through the operation of this section\nnor the period requisite for the achievement of tenure shall be affected\nby transfer within the community college, or by promotion, or by change\nof title, except that a person upon whom tenure is conferred through the\noperation of this section and who may be transferred to any position in\nthe community college, or who may be promoted, or whose title may be\nchanged, shall have tenure in his new position, provided such position\nis not one of those enumerated in subdivision four of this section.\nNothing herein contained shall be construed to prevent the board from\nassigning any person having tenure to any appropriate position on the\nstaff, but no such assignment shall carry with it a reduction in rank or\na reduction in salary other than the elimination of any additional\nemolument provided for administrative positions.\n  8. A position held by a person upon whom tenure is conferred through\nthe operation of this section may be abolished or discontinued by the\nboard for reasons which are not discriminatory against a particular\nperson or persons. In the event that a position in a specified subject\nis to be abolished or discontinued, such position shall be that of the\nperson last appointed to such position; provided, however, that all\npersons in such position upon whom tenure is not conferred by the\noperation of this section shall be dismissed before the position of any\nother person in such subject is abolished or discontinued. If the board\nabolishes or discontinues the position of a person upon whom tenure is\nconferred through the operation of this section and can find no position\nin the community college which can be efficiently and capably filled by\nsuch person, then his name shall be placed and shall remain for three\nyears on a preferred eligible list of candidates for reappointment to\nfill a vacancy that may thereafter occur in a position which can be\nefficiently and capably filled by such person or to fill a newly created\nposition which can be efficiently and capably filled by such person.\nReappointment from such preferred eligible list to a position in a\nspecified subject shall be made in the order of the original appointment\nof the persons on such preferred eligible list. Any person reappointed\nfrom such preferred eligible list shall be reappointed at a salary not\nless than that which he was receiving when his position was abolished or\ndiscontinued. Any person whose name is placed on such preferred eligible\nlist as hereinbefore provided shall, for the purpose of maintaining his\nstatus in any retirement system of which he is a member, be deemed to be\non leave of absence without pay.\n  9. Persons granted tenure under the provisions of this section shall\nnot be removed except for cause, after a hearing and by a majority vote\nof the board. Charges against a person entitled to tenure under the\nprovisions of this section may be preferred by the president, any member\nor members of the board, or the board itself. Such charges and all\nspecifications of such charges shall be filed with the board, which\nshall cause a copy thereof to be served upon the person accused, and\nsuch person shall have ten days from the date of the service of such\ncharges and specifications, or such additional time as may be granted\nhim by the chairman of the board, in which to file an answer in writing\nwith the board. Any person against whom charges as herein provided are\nfiled with the board, may be suspended with or without pay by the\npresident pending a final determination of such charges by the board.\nThe board shall proceed to try and determine such charges either by the\nboard, or by a trial committee consisting of one or more members of the\nboard, or by a trial committee consisting of one or more persons\nspecially appointed for such purpose by the board, and the board shall\nfix the penalty or punishment, if any, to be imposed for the offense,\nand such penalty or punishment may consist of a reprimand, a fine,\nsuspension for a fixed time without pay, or dismissal; provided,\nhowever, that a vote of a majority of all the members of the board shall\nbe necessary to impose a penalty or punishment. The report of any trial\ncommittee holding such trial shall be subject to final action by the\nboard, each member of which shall before voting read the testimony and\nthe evidence in the case. The board may reject, confirm or modify the\nconclusions of the trial committee, and the decisions of the board shall\nbe final, except that any person aggrieved may review the determination\nof said board only by an appeal to the commissioner of education, as\nprovided for by article seven of this chapter. In case the charges\npreferred against any person are dismissed, he shall be restored to his\nposition with full pay for the period of his suspension. In all trials\nand investigations authorized by this section all testimony taken shall\nbe under oath, which the chairman of the board or the chairman of the\ntrial committee is hereby authorized to administer. For the purpose of\nany investigation, trial or hearing, the chairman of the board or the\nchairman of the trial committee shall have power to subpoena witnesses,\npapers and records. The Supreme Court shall have power, upon the\napplication of the chairman of the board or the chairman of the trial\ncommittee, to compel any witness who may be summoned, to appear and\ntestify before said board or trial committee.\n
N.Y. RPT Law § 489-DD — New York Code / Act RPT / Article 4 / Title 2-B / Section 489-DD
Exemption of railroad real property from taxation
Status: in_force

§ 489-dd. Exemption of railroad real property from taxation. 1.\nSubsidized railroad real property shall be exempt from taxation. The\nexemption shall be granted each year only upon (a) application by the\nowner of said property on a form prescribed by the commissioner and (b)\nsubmission of such proof as may be required by the commissioner that the\nproperty is subsidized railroad real property. The application and proof\nshall be filed with the appropriate assessing authority on or before the\nappropriate taxable status date, with copies thereof simultaneously\nfiled with the commissioner and the department of transportation.\n  2. Bridges, viaducts and other similar structures constructed on or\nafter January first, nineteen hundred fifty-nine as the result of the\ncreation, pursuant to article twelve-B of the highway law, of a new\nhighway, street, or roadway carrying railroad facilities over such new\nhighway, street, or roadway shall be exempt from taxation. No assessment\nof any bridges, viaducts, and other similar structures lengthened or\nreconstructed on or after January first, nineteen hundred fifty-nine as\nthe result of the widening, relocation, or reconstruction of an existing\nhighway, street, or roadway, pursuant to article twelve-B of the highway\nlaw, shall be increased by reason of such reconstruction or relocation,\nnotwithstanding the provisions of any general, special, or local law to\nthe contrary; provided, however, that the assessment on the original\nportion of such bridges, viaducts and other similar structures may be\nvaried in accordance with the changes made generally in assessments on\nother local real property. Whenever any new construction of property is\nexempt pursuant to the provisions of this subdivision and the provisions\nof subdivision six or seven of this section, such property shall receive\nthe exemption provided by subdivision six or seven of this section.\n  3. Railroad real property shall be exempt from taxation to the extent\nof any increase in value thereof by reason of any of the following\nadditions, betterments, improvements, or reconstructions made or\ninstalled thereon after the last preceding taxable status date prior to\nApril twenty-first, nineteen hundred fifty-nine: (a) the installation of\nautomatic grade crossing protective devices, such as flashing lights or\nautomatic gates and their attendant facilities; (b) the reconstruction\nor the replacement of signals, railroad bridges, stations, freight\nhouses, classification yards, repair shops, or any other facility used\nfor transportation purposes; provided that the property as reconstructed\nor replaced is the same general type of facility and is located in the\nsame city or town as the property reconstructed or replaced; and (c) the\nconstruction or reconstruction pursuant to the grade crossing\nelimination acts, the railroad law, or the highway law of any grade\nseparation structure, such as bridges, viaducts, tunnels, retaining\nwalls, and embankments constructed for the purpose of eliminating or\navoiding highway-railroad crossings at grade.  Whenever any new\nconstruction is exempt pursuant to the provisions of this subdivision\nand the provisions of subdivision six or seven of this section, such\nproperty shall receive the exemption provided by subdivision six or\nseven of this section.\n  4. Except as provided in subdivision five of this section, railroad\nreal property other than subsidized railroad real property shall be\nexempt from taxation to the extent that the assessed valuation thereof\nexceeds the railroad ceiling determined in accordance with the earnings\nratio as hereinafter prescribed.\n  5. Railroad real property other than subsidized railroad real property\nof a railroad company shall not be exempt from taxation under this title\non an assessment roll of any assessing unit if the company failed for\nany reason to pay within thirty days of the date when due the tax levied\nupon the taxable portion of the assessment of any railroad real property\nof the company set forth on the immediately preceding assessment roll of\nany assessing unit provided, however, that this subdivision shall not\napply if the payment or enforcement of such taxes was restrained or\nprohibited by an order issued by a court of competent jurisdiction under\nthe bankruptcy act of the United States.\n  6. Whenever a railroad company makes any improvements, enhancements,\nor upgrades to any existing railroad real property in order to improve\nfreight service or to provide improved or new passenger service, the\ncost of such project shall not be included in the calculation of any\nsubsequent railroad ceilings for a period of ten years from the date of\ncompletion of that project; provided that such project's improvements,\nenhancements, or upgrades were made pursuant to a capital project\nproposal approved by the commissioner of the department of\ntransportation as provided in section four hundred eighty-nine-v of this\narticle. The department of transportation shall certify to the\ncommissioner the location and cost of any such improvements,\nenhancements, or upgrades in a manner that provides the commissioner\nwith sufficient time to carry out its responsibilities pursuant to this\nchapter.\n  7. The cost of bridges, viaducts, other structures, or improvements\nand new rail lines, including any new rail lines built to replace\nexisting rail lines, shall not be included in the calculation of any\nsubsequent railroad ceilings for a period of ten years from the date of\ncompletion of such project; provided that such construction was pursuant\nto a capital project proposal approved by the commissioner of the\ndepartment of transportation as provided in section four hundred\neighty-nine-v of this article. The department of transportation shall\ncertify to the commissioner the location and cost of any such\nconstruction in a manner that provides the commissioner with sufficient\ntime to carry out its responsibilities pursuant to this chapter.\n
N.Y. PML Law § 1321-K — New York Code / Act PML / Article 13 / Title 2-A / Section 1321-K
Zoning
Status: in_force

§ 1321-k. Zoning. 1. Notwithstanding section thirteen hundred\nsixty-six of this article, all gaming facilities licensed pursuant to\nthis title shall comply with all relevant city, county, town, or village\nland use or zoning ordinances, rules, or regulations if applicable.\n  2. (a) In addition, for any gaming facility located within the city of\nNew York, all applicable zoning provisions shall be subject to the\nuniform land use review procedure pursuant to section one hundred\nninety-seven-c of the New York city charter if such provisions would\notherwise be applicable; and\n  (b) Any determination on whether gaming is a permissible use or\nactivity or whether any other activity taken pursuant to the uniform\nland use review procedure shall not be subject to a mayoral zoning\noverride, special permit process, or any other action or decision that\npreempts, circumvents, or supersedes the usual and customary local\nzoning process.\n
N.Y. GMU Law § 895-K — New York Code / Act GMU / Article 18-A / Title 2 / Section 895-K
Livingston county industrial development agency
Status: in_force

* § 895-k. Livingston county industrial development agency. For the\nbenefit of the county of Livingston and the inhabitants thereof, an\nindustrial development agency, to be known as the LIVINGSTON COUNTY\nINDUSTRIAL DEVELOPMENT AGENCY, is hereby established for the\naccomplishment of any or all of the purposes specified in title one of\narticle eighteen-A of this chapter. It shall constitute a body corporate\nand politic, and be perpetual in duration. It shall have the powers and\nduties now or hereafter conferred by title one of article eighteen-A of\nthis chapter upon industrial development agencies and provided that the\nexercise of the powers by such agency with respect to the acquisition of\nreal property whether by purchase, condemnation or otherwise, shall be\nlimited to the corporate limits of the county of Livingston, and such\nagency shall take into consideration the local zoning and planning\nregulations as well as the regional and local comprehensive land use\nplans. It shall be organized in a manner prescribed by and be subject to\nthe provisions of title one of article eighteen-A of this chapter. Its\nmembers shall be appointed by the governing body of the county of\nLivingston. The agency, its members, officers and employees and its\noperations and activities shall in all respects be governed by the\nprovisions of title one of article eighteen-A of this chapter.\n  * NB Agency expires per §§ 856 and 882\n
N.Y. MDW Law § 53 — New York Code / Act MDW / Article 3 / Title 2 / Section 53
Fire-escapes
Status: in_force

§ 53. Fire-escapes. Every fire-escape erected after April eighteenth,\nnineteen hundred twenty-nine, shall be located, arranged, constructed\nand maintained in accordance with the following provisions:\n  1. Access to a fire-escape shall be from a living room or private hall\nin each apartment or suite of rooms at each story above the entrance\nstory, and such access shall not include any window of a stairhall.\n  a. Such room or private hall shall be an integral part of such\napartment or suite of rooms and accessible to every room thereof without\npassing through a public hall.\n  b. When one or more living rooms of any apartment are rented to\nboarders or lodgers, every such room shall be directly accessible to a\nfire-escape without passing through a public hall, and for separately\noccupied living rooms access to fire-escapes shall be direct from such\nrooms without passing through a public hall or any other separately\noccupied room, except as may be permitted for dormitories in section\nsixty-six.\n  c. Access to any fire-escape shall not be obstructed by sinks or\nkitchen fixtures or in any other way. Iron bars, grilles, gates, or\nother obstructing devices on any window giving access to fire-escapes or\nto a required secondary means of egress shall be unlawful unless such\ndevices are of a type approved by the board of appeals and are installed\nand maintained as prescribed by the board; provided, however, that in a\ncity having a population of one million or more, such devices shall be\nof a type approved, installed and maintained as prescribed by the fire\ncommissioner, or as previously approved and prescribed by the board of\nstandards and appeals of such city, except as otherwise provided by said\ncommissioner.\n  d. Every such fire-escape shall be accessible to one or more exterior\ndoors or windows opening from the room, apartment, suite of rooms or\nother space which it serves as means of egress, and such window or door\nshall be two feet or more in clear width and two feet six inches or more\nin clear height. The sill of any such window shall be within three feet\nof the floor.\n  2. A required fire-escape may be erected in any of the following\nplaces:\n  a. On a wall facing a street or yard;\n  b. In a court of a non-fireproof multiple dwelling to serve an\napartment or suite of rooms which does not contain any room fronting\nupon a street or yard, or in any inner court thirty-five feet or more in\nits least horizontal dimension, provided the fire-escape does not\nproject more than four feet from the wall of the dwelling and is\ndirectly connected at the bottom of such court with a fireproof\npassageway at least three feet wide and seven feet high leading directly\nto a street unless the court itself leads to a street;\n  c. In any outer court eighteen feet or more in width and thirty feet\nor less in length;\n  d. In any outer court more than eighteen feet in width the length of\nwhich does not exceed its width by more than seventy per centum;\n  e. In any outer court ten feet or more in width at every point and\nsituated on a lot line;\n  f. In any outer court seven feet or more in width at every point which\nis situated on a lot line and extends from a street to a yard;\n  g. In a recess on the front wall of a multiple dwelling, provided the\nrecess does not exceed five feet in depth, is used solely for\nfire-escape purposes and has seventy-five per centum or more of its area\nopen to the street, and is otherwise unenclosed and open at the top. No\nsuch recess shall be counted as a part of the unoccupied area of the\npremises or be construed as a court unless its entire area is open to\nthe street.\n  3. No fire-escape may project more than four and one-half feet into a\npublic highway from the lot line of the multiple dwelling it serves.\nEvery part of such fire-escape shall be at least ten feet above any\nsidewalk directly below.\n  4. a. Every fire-escape shall be constructed of open balconies and\nstairways of iron or stone capable of sustaining a load of at least\neighty pounds per square foot. The use or reuse of old materials or cast\niron in the construction of fire-escapes shall be unlawful.\n  b. Balconies for fire-escapes shall be three feet or more in clear\nwidth except that a party-wall balcony as permitted by paragraph f of\nsubdivision one of section one hundred eighty-seven may be two feet in\nclear width.\n  c. Every stairway shall be placed at an angle of sixty degrees or less\nwith flat open steps at least six inches in width and twenty inches in\nlength and with a maximum rise of nine inches. The opening in any\nbalcony for such a stairway shall be at least twenty-one by twenty-eight\ninches.\n  5. a. There shall be provided from the lowest balcony a drop ladder\nfifteen inches in width and of sufficient length to reach to a safe\nlanding place beneath. Such ladder shall be constructed, located and\narranged so as to be held in proper position at all times and, unless\nproperly counter-balanced, shall be placed in guides so that it can be\neasily lowered.\n  b. The distance from the lowest balcony to the ground or safe landing\nplace beneath shall be not more than sixteen feet, except that the\ndepartment may permit such lowest balcony to be up to eighteen feet\nabove a public sidewalk because of structural conditions in any multiple\ndwelling erected before April eighteenth, nineteen hundred twenty-nine.\n  c. No drop ladder shall be required where the distance from the lowest\nbalcony to a safe landing place beneath is five feet or less.\n  6. The balcony on the top story shall be provided with a stairway or a\ngooseneck ladder from such balcony to and above the roof and securely\nfastened thereto, except that no such stairway or ladder shall be\nrequired:\n  a. On multiple dwellings two stories or less in height erected after\nApril eighteenth, nineteen hundred twenty-nine; or\n  b. Wherever there is a peak roof with a pitch in excess of twenty\ndegrees;\n  c. When the fire-escape is on the front of the dwelling, in a recess\non the front of the dwelling, or on an outer court opening to a street.\n  7. Every fire-escape if constructed of material subject to rusting\nshall be painted with two or more coats of good paint in contrasting\ncolors; in the case of a new fire-escape the first coat before erection,\nand the second coat after erection. Whenever a fire-escape becomes\nrusty, the owner shall repaint it with two additional coats of good\npaint.\n  8. a. Whenever a non-fireproof multiple dwelling is not provided with\nsufficient means of egress in case of fire, the department may order\nsuch additional fire-escapes or balconies as in its judgment may be\ndeemed necessary.\n  b. The owner of a multiple dwelling shall keep and maintain every\nfire-escape thereon in good order and repair.\n  c. No person shall at any time place any encumbrance of any kind\nbefore or upon any fire-escape, or place or keep a cover of any kind\nover the stairway opening in a balcony of such fire-escape. An occupant\nor tenant of a multiple dwelling who shall violate or assist in the\nviolation of the provisions of this paragraph shall be guilty of a\nmisdemeanor punishable as provided in section three hundred four.\n  9. No fire-escape shall be removed from or constructed on any existing\nmultiple dwelling without permission from the department. No fire-escape\nshall be removed from any apartment without due precaution against\nleaving occupants of such apartment without adequate means of egress in\ncase of fire. A wire, chain cable, vertical ladder or rope fire-escape\nis an unlawful means of egress. Every such fire-escape, if required as a\nmeans of egress, shall be removed and replaced by a system of\nfire-escapes constructed and arranged as provided in this section.\n  10. The department shall have the power to make supplementary\nregulations relating to fire-escapes.\n
N.Y. PBH Law § 229 — New York Code / Act PBH / Article 2 / Title 2 / Section 229
Sanitary code; violation; penalties
Status: in_force

§ 229. Sanitary code; violation; penalties.  The provisions of the\nsanitary code shall have the force and effect of law and the\nnon-compliance or non-conformance with any provision thereof shall\nconstitute a violation punishable on conviction for a first offense by a\nfine not exceeding two hundred fifty dollars or by imprisonment for not\nexceeding fifteen days, or both; and for a second or subsequent offense\nby a fine not exceeding five hundred dollars or by imprisonment for not\nexceeding fifteen days, or both.\n
N.Y. RPT Law § 489-C — New York Code / Act RPT / Article 4 / Title 2-A / Section 489-C
Assessment of real property of railroads
Status: in_force

§ 489-c. Assessment of real property of railroads. 1. The assessor in\neach city, town and village and in each county having a county\ndepartment of assessment shall annually assess all real property of\nrailroad companies situated in such city, town, village or county, as\nthe case may be, including all railroad real property of such railroad\ncompanies as defined in subdivision three of section four hundred\neighty-nine-b of this chapter. Where a village has enacted a local law\nas provided in subdivision three of section fourteen hundred two of this\nchapter, the town or county assessor shall apportion that part of the\nrailroad property assessment applicable to the village for purposes of\nthe copy of the part of the town or county assessment roll used for\nvillage tax purposes.\n  2. Railroad real property shall be separately assessed from real\nproperty of railroad companies not used for transportation purposes and\nsubsidized railroad real property shall be separately assessed from\nother railroad real property. The commissioner and railroad companies\nupon request shall furnish the assessor information and data relating to\nthe classification of the real property of railroads as transportation\nand non-transportation property and to the identification of subsidized\nrailroad real property. Action by assessors under this subdivision shall\nnot in any way affect the classification of property or the segregation\nof assessments in accordance with section four hundred eighty-nine-p of\nthis chapter in connection with the application of railroad ceilings.\n  3. Railroad real property shall be assessed according to value and\nownership as of the dates specified by subdivision four of section four\nhundred eighty-nine-e of this title for the computation of the ceiling\nof such property.\n
N.Y. PBH Law § 3421 — New York Code / Act PBH / Article 34 / Title 2 / Section 3421
Funeral directing; requirements for license to practice
Status: in_force

§ 3421. Funeral directing; requirements for license to practice. 1. In\norder to be licensed, an applicant for licensure shall pass a funeral\ndirecting examination prepared or approved by the department to\ndetermine his knowledge and fitness therefor, as required by this\narticle. No person shall be permitted to enter funeral director school,\napply for a funeral directing examination or apply for a funeral\ndirecting license without submitting to the department satisfactory\nevidence of good moral character.\n  2. Except as provided in subdivision three, the department shall admit\nto examination any applicant who pays a fee of forty dollars and submits\nevidence subscribed and affirmed as true under the penalties of perjury\nand satisfactory to the department that the applicant:\n  (a) is a citizen of the United States or a noncitizen lawfully\nadmitted for permanent residence in the United States;\n  (b) has satisfactorily completed a course of collegiate level study in\nfuneral service, the curriculum of which has been approved by the\ndepartment, consisting of not less than ninety quarter credits or sixty\nsemester credits in an institution or institutions approved by the\ndepartment or an accrediting agency recognized by the department;\n  (c) has upon entering an approved institution as herein provided for\nthe purpose of beginning his funeral service study, registered as a\nstudent with the department upon a form to be provided by the\ndepartment, and has paid to the department a registration fee of fifty\ndollars.\n  3. Delay in registering as a student as herein required may be\nexcused, in the discretion of the commissioner.\n  4. The department shall issue a license to practice funeral directing\nto an applicant for such license on the basis of the following\nprocedures:\n  (a) who shall have successfully passed the examination as herein\nprovided in subdivision one of this section, and\n  (b) who pays a fee of one hundred twenty-five dollars, and\n  (c) who, after having passed such examination, serves a one year\nperiod as a registered resident in a manner satisfactory to the\ndepartment, and\n  (d) who, has passed a second examination after or during the serving\nof a one year period as a registered resident. The said examination\nshall be on the New York state laws, rules and regulations relating to\nfuneral directing and shall be prepared or approved by the department of\nhealth.\n
N.Y. RPT Law § 466-F — New York Code / Act RPT / Article 4 / Title 2 / Section 466-F
Volunteer firefighters and volunteer ambulance workers; certain county
Status: in_force

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