dliu1/legal-llama-raw-text huggingface dataset:
greater of (i) four-tenths of one percent of the total project cost,  or
(ii)  if  the  building  will  be owned as a cooperative or condominium,
four-tenths of one percent of the total project cost or  four-tenths  of
one  percent  of  the  total  project  sell-out price stated in the last
amendment to the offering plan  accepted  for  filing  by  the  attorney
general of the state, at the option of the applicant. Such total project
cost  or  total  project  sell-out price shall be determined pursuant to
rules promulgated by  the  local  housing  agency.  Notwithstanding  the
foregoing,  the  local  housing  agency may promulgate rules imposing an
additional fee if an application, or any part thereof, or submission  in
connection therewith, is defective and such defect delays the processing
of  such  application  or  causes  the  local  housing  agency to expend
additional resources in the processing of such application.
c. The local housing agency may rely on certification by an  architect
or  engineer  submitted by an applicant in connection with the filing of
an  application  for  benefits  pursuant  to  this  section.   A   false
certification  by  such  architect  or  engineer  shall  be deemed to be
professional misconduct pursuant to section sixty-five hundred  nine  of
the  education  law.  Any licensee found guilty of such misconduct under
the procedures prescribed in  section  sixty-five  hundred  ten  of  the
education  law  shall  be subject to the penalties prescribed in section
sixty-five  hundred  eleven  of  such  law,  and  shall  thereafter   be
ineligible to submit a certification pursuant to this section.
5.  An  applicant  for  tax exemption under this section whose project
contains  more  than  twenty  dwelling  units  shall  notify  the  local
community  planning  board  for  the  area  which  is the subject of the
application within ten days of submission  of  the  application  to  the
local  housing  agency.  The local community planning board shall have a
forty-five day period to file objections to the applicant's  eligibility
under  subdivision two of this section, or to the applicant's failure to
comply with the standards adopted  by  the  agency  in  accordance  with
subdivision  four  of this section. The local community board may within
such time in its own discretion  hold  a  public  hearing  to  determine
whether  or not any objections as to eligibility should be filed. In the
event the local community board files such objections, the local housing
agency  shall  make  a  determination  and  notify  such  board   within
forty-five  days.  When  an  applicant's  project contains more than one
hundred fifty dwelling units the local community board may within thirty
days of receipt of an applicant's notification request the local housing
agency  to  and  the  local  housing  agency shall hold a public hearing
solely on the questions of the applicant's eligibility under subdivision
two of this section or  the  applicant's  failure  to  comply  with  the
standards  adopted  by  the  agency pursuant to subdivision four of this
section. The local housing agency shall hold this hearing and  make  its
determination and notify such board within forty-five days.
6.  (a)  When  used  in  this  subdivision  unless a different meaning
clearly appears from the context, the following  terms  shall  mean  and
(i)   Covered  project.  (A)  A  new  building  located  within  the
Greenpoint - Williamsburg waterfront exclusion area,  (B)  two  or  more
buildings  which are part of one contiguous development entirely located
within the Greenpoint - Williamsburg waterfront exclusion area, (C)  two
or more buildings which are located within the Greenpoint - Williamsburg
waterfront  exclusion  area  and are part of a single development parcel
specifically  identified  in  section  62-831  of   the   local   zoning
resolution,  or  (D) where so authorized in writing by the local housing
agency,  one  or  more  buildings  located  within  the   Greenpoint   -
Williamsburg waterfront exclusion area and one or more buildings located
outside  the  Greenpoint  -  Williamsburg  waterfront exclusion area but
within Community District Number One in the  borough  of  Brooklyn.  The
cumulative  number  of affordable units located outside the Greenpoint -
Williamsburg waterfront exclusion area in all covered projects described
in clause (D) of this subparagraph  shall  not  exceed  two  hundred.  A
building  located  outside  the  Greenpoint  -  Williamsburg  waterfront
exclusion area which is part of a covered project  described  in  clause
(D)  of  this  subparagraph  shall not contain any affordable units with
respect to which an application pending before a governmental entity  on
the  effective date of this subdivision or a written agreement in effect
on the effective date of this subdivision provided for  the  development
of such affordable units.
(ii)  Greenpoint  -  Williamsburg waterfront exclusion area. Any tax
lots now existing or hereafter created which are located entirely within
the geographic area in the borough of Brooklyn bounded and described  as
BEGINNING  at  the intersection of the bulkhead line in the East River
and South Fifth Street extended; thence easterly to South  Fifth  Street
and  continuing  along  South  Fifth  Street to the intersection of Kent
Avenue; thence northerly along Kent Avenue to the intersection of  South
Fourth  Street, thence easterly along South Fourth Street to a point 320
feet from Kent Avenue; thence northerly to a point on South Third Street
320 feet from Kent Avenue; thence westerly on South Third Street to  the
intersection  of  Kent Avenue; thence northerly along Kent Avenue to the
intersection of Grand Street; thence westerly along Grand Street to  the
intersection of River Street; thence northerly along River Street to the
intersection  of  North  Third Street; thence easterly along North Third
Street to the intersection of Kent Avenue; thence northerly  along  Kent
Avenue  to  the  intersection of Franklin Street; thence northerly along
Franklin Street to the intersection  of  Quay  Street;  thence  westerly
along  Quay  Street to the intersection of West Street; thence northerly
along West Street to the intersection of Eagle Street;  thence  easterly
along  Eagle  Street  to  the  intersection  of  Franklin Street; thence
northerly along Franklin Street to the intersection  of  Dupont  Street;
thence  westerly  along  Dupont Street to the intersection of Commercial
Street; thence northerly along Commercial Street to the intersection  of
Manhattan  Avenue;  thence  northerly  along  Manhattan  Avenue  to  its
northerly terminus; thence northerly to the  intersection  of  Manhattan
Avenue  extended and the bulkhead line in Newtown Creek, thence westerly
along the bulkhead line in Newtown Creek and continuing southerly  along
the  United  States  pierhead  line  in  the  East River to the place of
beginning; included in said area are all  piers  and  other  projections
from the bulkhead line into the East River or Newtown Creek.
(iii)  Commencement date shall mean, with respect to any building in
a covered project and notwithstanding any local law to the contrary, the
date upon which excavation and  construction  of  initial  footings  and
foundations   lawfully   begins  in  good  faith  or,  for  an  eligible
conversion,  the  date  upon  which  the  actual  construction  of   the
conversion,  alteration  or  improvement of the pre-existing building or
structure lawfully begins in good faith.
(iv) Completion date shall  mean  the  date  upon  which  the  local
department   of  buildings  issues  the  first  temporary  or  permanent
certificate of occupancy covering all residential areas of a building in
a covered project.
(v) Covered project agreement shall mean an agreement  executed  and
recorded  on  or before December thirty-first, two thousand fifteen, and
not thereafter amended to  include  additional  real  property,  by  and
between the owners of the real property containing all of the affordable
units  and  the  market  units  which  will  constitute a single covered
project as defined pursuant to subparagraph (i) of this paragraph.
(b) No  benefits  under  the  provisions  of  this  section  shall  be
conferred on any building in a covered project located in the Greenpoint
-  Williamsburg  waterfront  exclusion  area  unless  the  real property
containing such building is identified in a covered  project  agreement,
and  the  covered  project  that  includes  such  building shall provide
affordable housing for persons and families of low and  moderate  income
that meets one of the following conditions:
(i)  not  less than twenty percent of the units in the covered project
are affordable to and occupied or available for occupancy by individuals
or families whose incomes at the time of initial occupancy do not exceed
eighty percent of the area median incomes adjusted for family size,  and
at  least  one  building  in such covered project that contains not less
than twenty percent  of  its  dwelling  units  meeting  this  affordable
housing  requirement  has  a  commencement  date  on  or before December
thirty-first, two thousand fifteen and all  of  the  buildings  in  such
covered  project that receive benefits pursuant to paragraph (f) of this
subdivision have a completion date on  or  before  June  fifteenth,  two
thousand twenty-five; or
(ii) not less than ten percent of the units in the covered project are
affordable  to and occupied or available for occupancy by individuals or
families whose incomes at the time of initial occupancy  do  not  exceed
eighty  percent  of the area median incomes adjusted for family size and
not less than an additional fifteen percent of the units in the  covered
project  are  affordable  to  and occupied or available for occupancy by
individuals or families whose incomes at the time of  initial  occupancy
do not exceed one hundred twenty-five percent of the area median incomes
adjusted  for  family  size,  and  at least one building in such covered
project that contains not less than twenty-five percent of its  dwelling
units  meeting  this  affordable  housing requirement has a commencement
date on or before December thirty-first, two thousand fifteen and all of
the buildings in such covered project that receive benefits pursuant  to
paragraph  (f)  of  this subdivision have a completion date on or before
June fifteenth, two thousand twenty-five.
(c) Unless affordable units are developed under a  federal,  state  or
city program having contrary requirements, (i) all affordable units must
have a comparable number of bedrooms as market rate units and a unit mix
proportional to the market rate units, or (ii) at least fifty percent of
the  affordable  units  must  have two or more bedrooms and no more than
fifty percent of the remaining units can be smaller than one bedroom.
(d) Unless affordable units are developed under  a  federal  or  state
program  having  contrary requirements, residents of the local community
shall have priority for the purchase or rental of fifty percent  of  the
affordable units.
(e)  In order to ensure that affordable units created pursuant to this
subdivision will continue to be affordable for the life of  the  covered
project,  the  local  housing agency shall employ mechanisms, including,
but not limited to, regulatory  agreements,  deed  restrictions,  resale
restrictions,  occupancy  requirements,  and  such  other instruments or
requirements as  it  may  deem  necessary,  and  shall  establish  legal
remedies to enforce such mechanisms.
(f)  With  respect  to any covered project located entirely within the
Greenpoint - Williamsburg waterfront exclusion area, the period  of  tax
benefits  awarded  to  any building in such covered project shall be the
same as  the  period  of  tax  benefits  awarded  under  clause  (D)  of
subparagraph  (iii) of paragraph (a) of subdivision two of this section.
With respect to any covered project which includes one or more buildings
located outside the Greenpoint - Williamsburg waterfront exclusion area,
the period of tax benefits awarded  to  any  building  in  such  covered
project  that is located within the Greenpoint - Williamsburg waterfront
exclusion area shall be the same as the period of tax  benefits  awarded
under  clause  (A)  of subparagraph (ii) of paragraph (a) of subdivision
two of this section.
7. (a) For the purposes of this subdivision:
(i) affordable units shall mean units which meet  the  affordability
requirements set forth in paragraph (c) of this subdivision.
(ii) geographic exclusion areas shall mean:
(A) areas described in subdivision eleven of this section,
(B)  in  the  borough  of Manhattan tax lots now existing or hereafter
created south of or adjacent to either side of one hundred tenth street,
(C) areas made ineligible for the benefits of this section:
(1) as set forth in section 11-245 of the administrative code  of  the
city   of   New   York  on  the  effective  date  of  this  subdivision,
law for certain types of projects in such areas,
(2)  as  set  forth in local law number fifty-eight of the city of New
York for the year two thousand six, notwithstanding  any  exceptions  to
ineligibility  contained in such local law for certain types of projects
in such areas and notwithstanding the effective date of such law, and
(3) by local law after the effective date of this subdivision.
(b) Notwithstanding any provision of this section or any local law  to
the  contrary,  the  benefits of this section shall not be available for
new multiple dwellings located in  a  geographic  exclusion  area  which
commence  construction  after December twenty-eighth, two thousand seven
unless  they  comply  with  the  provisions  of  this  subdivision   for
thirty-five  years  from  completion  of  construction  of  the building
receiving benefits pursuant to this section.
(c)(i) Not less than twenty percent  of  the  units  in  the  multiple
dwelling must, upon the initial rental or sale of the units and upon all
subsequent  rentals  of  the units after a vacancy, be affordable to and
occupied or available for occupancy by  individuals  or  families  whose
incomes  at the time of initial occupancy do not exceed sixty percent of
the area median  incomes  adjusted  for  family  size  or  (ii)  if  the
construction of such building is carried out with substantial assistance
of grants, loans or subsidies from any federal, state or local agency or
instrumentality  and  such  assistance is provided pursuant to a program
for the development of affordable housing, not less than twenty  percent
of  the units in the multiple dwelling must, either (A) upon the initial
rental of the units and upon all subsequent rentals of the units after a
vacancy, be affordable to and occupied or  available  for  occupancy  by
individuals  or  families whose incomes at the time of initial occupancy
do not exceed one hundred twenty percent  of  the  area  median  incomes
adjusted  for family size and, where the multiple dwelling contains more
than twenty-five units, do not exceed an average of  ninety  percent  of
the  area  median  incomes  adjusted  for  family  size, or (B) upon the
initial sale of the units, be affordable to and  occupied  or  available
for  occupancy  by  individuals or families whose incomes at the time of
initial occupancy do not exceed one hundred twenty-five percent  of  the
area median incomes adjusted for family size.
(d) Unless preempted by federal requirements:
(i)  all affordable units must have a comparable number of bedrooms as
market rate units and a unit mix proportional to the market rate  units,
or  at least fifty percent of the affordable units must have two or more
bedrooms and no more than fifty percent of the remaining  units  can  be
smaller than one bedroom or in addition to the requirements of paragraph
(c)  of  this subdivision, the floor area of affordable units is no less
than twenty percent of the total floor area of all dwelling units;
(ii) affordable units shall share the same common entrances and common
areas as market rate units, and shall not  be  isolated  to  a  specific
floor  or  area  of  a  building.  Common  entrances shall mean any area
regularly used by any resident for ingress and egress  from  a  multiple
dwelling; and
(iii)  residents  of  the  community board where the multiple dwelling
which receives the benefits provided in this section is  located  shall,
upon  initial  occupancy,  have  priority  for the purchase or rental of
fifty percent of the affordable units.
(e) Notwithstanding any provision of law to the  contrary,  affordable
rental  units must remain as rent stabilized units for thirty-five years
from completion of construction provided that tenants  holding  a  lease
and  in  occupancy  at  the  expiration of the rent stabilization period
shall have the right to  remain  as  rent  stabilized  tenants  for  the
duration of their occupancy.
(f)  All affordable units must be situated onsite. For the purposes of
this section,  onsite  shall  mean  that  affordable  units  shall  be
situated within the building or buildings for which benefits pursuant to
this section are being granted.
(g)  The  limitations  on  eligibility  for benefits contained in this
subdivision shall be in addition to those contained in this section  and
in any other law or regulation.
8. (a) As used in this subdivision, the following terms shall have the
following meanings:
(i)  Applicant  means  an  applicant  for  benefits pursuant to this
section, any successor to such applicant, or any  employer  of  building
service  employees  for such applicant, including, but not limited to, a
property management company or contractor.
(ii) Building service employee means any  person  who  is  regularly
employed  at a building who performs work in connection with the care or
maintenance of such building. Building service employee includes,  but
is  not  limited to, watchman, guard, doorman, building cleaner, porter,
handyman,  janitor,  gardener,  groundskeeper,  elevator  operator   and
starter,  and  window  cleaner,  but shall not include persons regularly
scheduled to work fewer than eight hours per week in the building.
(iii)  Fiscal  officer  means  the  comptroller  or  other analogous
officer in a city having a population of one million or more.
(b) All building service employees employed  by  the  applicant  in  a
building   whose   construction   commenced   on   or   after   December
twenty-eighth,  two  thousand  seven  shall   receive   the   applicable
prevailing wage for the duration of benefits pursuant to this section.
(c)  The fiscal officer shall have the power to enforce the provisions
of this subdivision. In enforcing such provisions,  the  fiscal  officer
shall have the power:
(i)  to  investigate or cause an investigation to be made to determine
the prevailing wages for building  service  employees;  in  making  such
investigation,  the  fiscal  officer may utilize wage and fringe benefit
data from various sources, including,  but  not  limited  to,  data  and
determinations of federal, state or other governmental agencies;
(ii)  to  institute and conduct inspections at the site of the work or
elsewhere;
(iii) to examine the books, documents and records  pertaining  to  the
wages  paid  to,  and  the  hours of work performed by, building service
employees;
(iv)  to  hold  hearings  and,  in  connection  therewith,  to   issue
subpoenas,  administer oaths and examine witnesses; the enforcement of a
subpoena issued under this subdivision shall be regulated by  the  civil
practice law and rules;
(v)  to  make  a  classification  by  craft,  trade or other generally
recognized occupational category of the building service  employees  and
to  determine  whether  such  work  has  been  performed by the building
service employees in such classification;
(vi) to require the applicant to file with the fiscal officer a record
of the wages actually paid by such applicant  to  the  building  service
employees and of their hours of work;
(vii)  to delegate any of the foregoing powers to his or her deputy or
other authorized representative; and
(viii) to promulgate rules as he or she shall consider  necessary  for
the   proper  execution  of  the  duties,  responsibilities  and  powers
conferred upon him or her by the provisions of this paragraph.
(d) If the fiscal officer finds  that  the  applicant  has  failed  to
comply  with the provisions of this subdivision, he or she shall present
evidence of such noncompliance to the local housing agency.
(e) Paragraph (b) of this subdivision shall not be applicable to:
(i) projects containing less than fifty dwelling units; or
(ii) buildings where  the  local  housing  agency  certifies  that  at
initial  occupancy  at  least  fifty  percent  of the dwelling units are
affordable to individuals or families with a gross household  income  at
or  below  one hundred twenty-five percent of the area median income and
that any such units which  are  located  in  rental  buildings  will  be
subject  to  restrictions to insure that they will remain affordable for
the entire period during which they receive benefits under this section.
(f) The local housing agency shall prescribe appropriate sanctions for
failure to comply with the provisions of this subdivision.
(g)  Solely  for  purposes  of  paragraph  (b)  of  this  subdivision,
construction  shall  be  deemed  to  have  commenced  when excavation or
alteration has begun in good faith on the basis of approved construction
(h)  The  eligibility  criteria  for  benefits   contained   in   this
subdivision  shall be in addition to those contained in any other law or
9. (a) As used in this subdivision, the following terms shall have the
(i)  Residential tax lot shall mean a tax lot that contains dwelling
(ii) Non-residential tax lot shall mean a  tax  lot  that  does  not
contain any dwelling units.
(iii)  Annual  limit  shall  mean sixty-five thousand dollars, which
amount shall be increased by three percent, compounded annually, on each
taxable status date following the first  anniversary  of  the  effective
date of this subdivision.
(iv)  Certificate  of  occupancy shall mean the first certificate of
occupancy  covering  all  residential  areas  of  the  building  on   or
containing a tax lot.
(v) Unit count shall mean:
(A)  in  the  case  of a residential tax lot that does not contain any
commercial, community facility or accessory use  space,  the  number  of
dwelling units in such tax lot, and
(B)  in  the  case  of a residential tax lot that contains commercial,
community facility or accessory use space, the number of dwelling  units
in such tax lot plus one.
(vi)  Exemption  cap  shall  mean  the  unit count multiplied by the
annual limit.
(b) The provisions of this subdivision shall apply  only  to  projects
that  commence  construction  on  or  after  December twenty-eighth, two
thousand seven.
(c) The portion of the assessed valuation of any residential  tax  lot
exempted  from  real  property  taxation  in  any  year pursuant to this
section shall not exceed the exemption cap on or after the first taxable
status date after the building on or containing such  tax  lot  receives
its  certificate of occupancy, unless, it complies with the requirements
of item a or b of clause (D) of subparagraph (iii) of paragraph  (a)  of
subdivision  two  of  this section or the requirements of item a or b of
clause (A) of subparagraph (iv) of paragraph (a) of subdivision  two  of
this   section.   The   portion   of   the  assessed  valuation  of  all
non-residential  tax  lots  in  the  building  on  or  containing   such
non-residential  tax  lots  exempted  from real property taxation in any
year pursuant to this section shall not exceed a cumulative total  equal
to  the annual limit on or after the first taxable status date after the
building on or containing such non-residential  tax  lots  receives  its
certificate of occupancy. A dwelling unit that is located in two or more
tax lots shall be ineligible to receive any benefits under this section.
10.  (a) The local housing agency shall implement procedures to insure
that affordable units created pursuant to this section, or  units  which