dliu1/legal-llama-raw-text huggingface dataset:
the  conversion,  alteration or improvement of the pre-existing building
or structure lawfully begins in good faith.
(xxii) Completion date shall mean,  with  respect  to  any  eligible
multiple dwelling, the date upon which the local department of buildings
issues  the  first  temporary  or  permanent  certificate  of  occupancy
covering all residential areas of an eligible multiple dwelling.
(xxiii) Construction period shall mean, with respect to any eligible
multiple  dwelling,  a  period:  (A)  beginning  on  the  later  of  the
commencement  date  of  such  eligible  multiple dwelling or three years
before the completion date of such eligible multiple dwelling;  and  (B)
ending  on  the  day  preceding  the  completion  date  of such eligible
multiple dwelling.
(xxiv) Construction work shall mean the provision of labor performed
on an eligible site between the commencement  date  and  the  completion
date,  whereby materials and constituent parts are combined to initially
form, make or build an eligible  multiple  dwelling,  including  without
limitation,  painting,  or  providing of material, articles, supplies or
equipment in the eligible  multiple  dwelling,  but  excluding  security
personnel and work related to the fit-out of commercial spaces.
(xxv)   Construction  workers  shall  mean  all  persons  performing
construction work who (A) are paid on an hourly basis and (B) are not in
a management or executive role or position.
(xxvi) Contractor certified payroll report shall  mean  an  original
payroll  report  submitted  by  a  contractor  or  sub-contractor to the
independent monitor setting forth to the best  of  the  contractor's  or
sub-contractor's  knowledge,  the  total number of hours of construction
work performed by construction workers, the amount of wages and employee
benefits paid to construction workers for construction work.
(xxvii) Eligible conversion shall mean the conversion, alteration or
improvement of a pre-existing  building  or  structure  resulting  in  a
multiple  dwelling in which no more than forty-nine percent of the floor
area consists of such pre-existing building or structure.
(xxviii) Eligible multiple dwelling shall mean a  multiple  dwelling
or  homeownership  project containing six or more dwelling units created
through  new  construction  or  eligible  conversion   for   which   the
commencement  date  is after December thirty-first, two thousand fifteen
and on or before June fifteenth, two thousand twenty-two, and for  which
the  completion  date  is  on  or  before  June  fifteenth, two thousand
twenty-six.
(xxix) Eligible site shall mean either: (A) a tax lot containing  an
eligible  multiple  dwelling; or (B) a zoning lot containing two or more
eligible multiple dwellings that are part of a single application.
(xxx) Employee benefits shall  mean  all  supplemental  compensation
paid  by  the  employer,  on  behalf of construction workers, other than
wages, including, without limitation, any premiums or contributions made
into plans or  funds  that  provide  health,  welfare,  non-occupational
disability  coverage,  retirement,  vacation benefits, holiday pay, life
insurance  and  apprenticeship  training.  The  value  of  any  employee
benefits  received shall be determined based on the prorated hourly cost
to the employer  of  the  employee  benefits  received  by  construction
(xxxi) Enhanced affordability area shall mean the Manhattan enhanced
affordability  area,  the  Brooklyn  enhanced affordability area and the
Queens enhanced affordability area.
(xxxii) Enhanced thirty-five year benefit shall mean:  (A)  for  the
construction  period, a one hundred percent exemption from real property
taxation, other than assessments for local improvements; and (B) for the
next thirty-five years of the extended restriction period, a one hundred
percent exemption from real property taxation,  other  than  assessments
for local improvements.
(xxxiii)  Extended restriction period shall mean a period commencing
on the completion date and expiring on the fortieth anniversary  of  the
completion  date,  notwithstanding any earlier termination or revocation
of Affordable New York Housing Program benefits.
(xxxiv) Fiscal officer shall mean the comptroller or other analogous
(xxxv)  Floor  area  shall  mean the horizontal areas of the several
floors, or  any  portion  thereof,  of  a  dwelling  or  dwellings,  and
accessory  structures  on  a  lot  measured  from  the exterior faces of
exterior walls, or from the center line of party walls.
(xxxvi) Four percent tax  credits  shall  mean  federal  low  income
housing   tax  credits  computed  in  accordance  with  clause  (ii)  of
subparagraph (B) of paragraph (1) of subsection (b) of section forty-two
of the internal revenue code of nineteen hundred eighty-six, as amended.
(xxxvii) Homeownership project shall mean  a  multiple  dwelling  or
portion thereof operated as condominium or cooperative housing, however,
it  shall not include a multiple dwelling or portion thereof operated as
cooperative  or  condominium  housing  located  within  the  borough  of
Manhattan,  and shall not include a multiple dwelling that contains more
than thirty-five units.
(xxxviii) Independent monitor shall mean an accountant licensed  and
in  good  standing  pursuant  to  article  one hundred forty-nine of the
education law.
(xxxix)  Job  action  shall  mean   any   delay,   interruption   or
interference  with  the  construction  work caused by the actions of any
labor organization or concerted action of any employees at the  eligible
site,  including  without  limitation,  strikes,  sympathy strikes, work
stoppages, walk outs, slowdowns,  picketing,  bannering,  hand  billing,
demonstrations,  sickouts,  refusals to cross a picket line, refusals to
handle struck business, and use of the rat or other inflatable  balloons
or similar displays.
(xl)  Market unit shall mean a dwelling unit in an eligible multiple
dwelling other than an affordable housing unit.
(xli) Multiple dwelling shall have the  meaning  set  forth  in  the
multiple dwelling law.
(xlii)  Non-residential  tax  lot shall mean a tax lot that does not
(xliii) Manhattan enhanced affordability area  shall  mean  any  tax
lots  now  existing  or hereafter created located entirely south of 96th
street in the borough of Manhattan.
(xliv) Project labor agreement  shall  mean  a  pre-hire  collective
bargaining   agreement   setting  forth  the  terms  and  conditions  of
employment for the construction workers on an eligible site.
(xlv) Project-wide certified payroll report shall mean  a  certified
payroll  report  submitted  by  the  independent  monitor  to the fiscal
officer based on each contractor certified  payroll  report  which  sets
forth  the  total  number  of  hours  of  construction work performed by
construction  workers,  the  aggregate  amount  of  wages  and  employee
benefits  paid  to  construction  workers  for construction work and the
average hourly wage.
(xlvi) Queens enhanced affordability area shall mean  any  tax  lots
now  existing  or  hereafter  created  which are located entirely within
community boards one or  two  of  the  borough  of  Queens  bounded  and
being  the  intersection  of the easterly shore of the East River with a
line of prolongation of  20th  Avenue  projected  northwesterly;  Thence
southeasterly  on the line of prolongation of 20th Avenue and along 20th
Avenue to the intersection with 31st Street; Thence southwesterly  along
31st   Street  to  the  intersection  with  Northern  Boulevard;  Thence
southwesterly along Northern Boulevard to the intersection  with  Queens
Boulevard (aka Route 25); Thence southeasterly along Queens Boulevard to
the  intersection  with  Van  Dam Street; Thence southerly along Van Dam
Street to the intersection  with  Borden  Avenue;  Thence  southwesterly
along  Van  Dam  Street  to  the intersection with Greenpoint Avenue and
Review Avenue; Thence southwesterly along Greenpoint Avenue to the point
of intersection with the centerline of Newtown Creek, said centerline of
Newtown Creek also being the boundary between Queens County to the north
and Kings County to the south; Thence northwesterly along the centerline
of  Newtown  Creek,  also  being  the boundary between Queens County and
Kings County to its intersection with the easterly bounds  of  the  East
River;  Thence  in  a general northeasterly direction along the easterly
bulkhead or shoreline of the  East  River  to  the  point  or  place  of
(xlvii)  Rent  stabilization  shall  mean,  collectively,  the  rent
stabilization law of nineteen hundred sixty-nine, the rent stabilization
code, and the emergency tenant protection act of nineteen  seventy-four,
all  as in effect as of the effective date of the chapter of the laws of
two  thousand  fifteen  that  added  this  subdivision  or  as   amended
thereafter,   together   with  any  successor  statutes  or  regulations
addressing substantially the same subject matter.
(xlviii) Rental project shall mean an eligible  site  in  which  all
dwelling  units  included  in  any  application  are  operated as rental
(xlix) Residential tax lot  shall  mean  a  tax  lot  that  contains
dwelling units.
(l)  Restriction  period  shall  mean  a  period  commencing  on the
completion date and expiring on  the  thirty-fifth  anniversary  of  the
(li) Tax exempt bond proceeds shall mean the proceeds of  an  exempt
facility  bond, as defined in paragraph (7) of subsection (a) of section
one hundred forty-two of the internal revenue code of  nineteen  hundred
eighty-six,  as amended, the interest upon which is exempt from taxation
under section one hundred three of the internal revenue code of nineteen
hundred eighty-six, as amended.
(lii) Third party fund administrator shall be  a  person  or  entity
that  receives  funds  pursuant to paragraph (c) of this subdivision and
oversees and  manages  the  disbursal  of  such  funds  to  construction
workers.  The third party fund administrator shall be a person or entity
approved by  the  fiscal  officer  and  recommended  by  one,  or  more,
representative  or  representatives  of the largest trade association of
residential real estate developers, either for profit or not-for-profit,
in New York city and one, or more, representative or representatives  of
the   largest   trade   labor   association  representing  building  and
construction workers, with membership in New York city. The third  party
fund  administrator  shall  be  appointed  for  a  term  of three years,
provided, however, that the administrator in place at the end of a three
year term shall continue to serve beyond the end of  the  term  until  a
replacement   administrator  is  appointed.  The  fiscal  officer  after
providing  notice  and  after  meeting  with  the   third   party   fund
administrator,  may  remove  such  administrator for cause upon a fiscal
officer determination that the administrator  has  been  ineffective  at
overseeing  or  managing  the  disbursal  of  funds  to the construction
workers. The third party fund administrator shall, at the request of the
fiscal officer, submit reports to the fiscal officer.
(liii) Thirty-five year benefit shall mean: (A) for the construction
period, a one hundred percent exemption  from  real  property  taxation,
other  than  assessments  for  local  improvements;  (B)  for  the first
twenty-five years of the  restriction  period,  a  one  hundred  percent
exemption  from real property taxation, other than assessments for local
improvements; and (C) for the final ten years of the restriction period,
an exemption from real property taxation,  other  than  assessments  for
local improvements, equal to the affordability percentage.
(liv)  Twenty  year  benefit  shall  mean:  (A) for the construction
fourteen  years  of  the  restriction  period,  a  one  hundred  percent
improvements, provided, however, that no exemption shall  be  given  for
any portion of a unit's assessed value that exceeds $65,000; and (C) for
the  next  six  years  of  the restriction period, a twenty-five percent
exemption from real property taxation, other than assessments for  local
improvements,  provided,  however,  that no exemption shall be given for
any portion of a unit's assessed value that exceeds $65,000.
(lv) Wages shall mean all compensation, remuneration or payments  of
any  kind  paid  to,  or  on behalf of, construction workers, including,
without  limitation,  any  hourly  compensation  paid  directly  to  the
construction  worker,  together  with employee benefits, such as health,
welfare,  non-occupational  disability  coverage,  retirement,  vacation
benefits,  holiday  pay, life insurance and apprenticeship training, and
payroll taxes, including, to the extent permissible by law, all  amounts
paid   for  New  York  state  unemployment  insurance,  New  York  state
disability insurance, metropolitan commuter transportation mobility tax,
federal unemployment insurance and pursuant  to  the  federal  insurance
contributions act or any other payroll tax that is paid by the employer.
(b)  Benefit.  In  cities  having a population of one million or more,
notwithstanding the provisions of any other subdivision of this  section
or  of  any  general, special or local law to the contrary, new eligible
sites,  except  hotels,  that  comply  with  the  provisions   of   this
subdivision  shall  be  exempt  from  real property taxation, other than
assessments for local improvements, in the amounts and for  the  periods
specified  in  this  paragraph.  A  rental project that meets all of the
requirements of  this  subdivision  shall  receive  a  thirty-five  year
benefit  and  a homeownership project that meets all of the requirements
of this subdivision shall  receive  a  twenty  year  benefit.  A  rental
project that also meets all of the requirements of paragraph (c) of this
subdivision shall receive an enhanced thirty-five year benefit.
(c)   In  addition  to  all  other  requirements  set  forth  in  this
subdivision, rental projects containing three  hundred  or  more  rental
dwelling  units  located  within  the  enhanced affordability area shall
comply with the requirements set forth in this paragraph.  For  purposes
of this paragraph, contractor shall mean any entity which by agreement
with  another  party  (including  subcontractors)  undertakes to perform
construction work at an eligible site  and  applicant  shall  mean  an
applicant  for  Affordable  New  York  Housing  Program benefits and any
successor thereto.
(i) Such rental project shall comply with either affordability  option
E, affordability option F or affordability option G.
(ii)  The  minimum average hourly wage paid to construction workers on
an eligible site within the Manhattan enhanced affordability area  shall
be  no  less than sixty dollars per hour. Three years from the effective
date of the chapter of the laws of two  thousand  seventeen  that  added
this  paragraph  and  every  three years thereafter, the minimum average
hourly wage shall be increased by five percent; provided, however,  that
any building with a commencement date prior to the date of such increase
shall  be required to pay the minimum average hourly wage as required on
its commencement date.
(iii) The minimum average hourly wage paid to construction workers  on
an  eligible site within the Brooklyn enhanced affordability area or the
Queens enhanced affordability area shall  be  no  less  than  forty-five
dollars  per hour. Three years from the effective date of the chapter of
the  laws  of two thousand seventeen that added this paragraph and every
three years  thereafter,  the  minimum  average  hourly  wage  shall  be
increased  by  five percent; provided, however, that any building with a
commencement date prior to the date of such increase shall  be  required
to  pay  the minimum average hourly wage as required on its commencement
(iv)  The  requirements  of  subparagraphs  (ii)  and  (iii)  of  this
paragraph shall not be applicable to:
(A)  an  eligible multiple dwelling in which at least fifty percent of
the dwelling units upon initial rental and upon each  subsequent  rental
following   a  vacancy  during  the  extended  restriction  period,  are
whose  household  income does not exceed one hundred twenty-five percent
of the area median income, adjusted for family size, at  the  time  that
such household initially occupies such dwelling unit;
(B)  any  portion  of an eligible multiple dwelling which is owned and
operated as a condominium or cooperative; or
(C) at the option of the applicant, to an eligible site subject  to  a
project labor agreement.
(v)  The  applicant  shall  contract with an independent monitor. Such
independent monitor shall submit to the fiscal officer within  one  year
of  the  completion date a project-wide certified payroll report. In the
event such project-wide certified payroll report is not submitted to the
fiscal officer within the requisite time, the applicant shall be subject
to a fine of one thousand dollars per  week,  or  any  portion  thereof;
provided  that  the maximum fine shall be seventy-five thousand dollars.
In the event that the average hourly  wage  is  less  than  the  minimum
average  hourly  wage  set  forth  in subparagraph (ii) or (iii) of this
paragraph as applicable, the project-wide certified payroll report shall
also set forth the aggregate amount of such deficiency.
(vi) The contractor certified payroll report  shall  be  submitted  by
each  contractor  and sub-contractor no later than ninety days after the
completion of construction work by such contractor or sub-contractor. In
the event that a contractor or sub-contractor fails or refuses to submit
the contractor certified payroll report within the  time  prescribed  in
this  subparagraph,  the  independent  monitor  shall  notify the fiscal
officer and  the  fiscal  officer  shall  be  authorized  to  fine  such
contractor  or  sub-contractor in the amount of one thousand dollars per
week, or any portion thereof, provided that the maximum  fine  shall  be
seventy-five thousand dollars.
(vii)  In  the  event  that  the project-wide certified payroll report
shows that the average hourly wage as required by subparagraph  (ii)  or
(iii) of this paragraph, as applicable, was not paid, (A) if the average
hourly  wage  is  within  fifteen  percent  of  the  average hourly wage
required by subparagraph (i) or (ii) of this paragraph,  as  applicable,
then  no  later than one hundred twenty days from the date of submission
of such project-wide certified payroll report, the applicant  shall  pay
to  the  third party fund administrator an amount equal to the amount of
the deficiency set forth in the project-wide certified  payroll  report.
The  third party fund administrator shall distribute such payment to the
construction workers who performed construction work  on  such  eligible
site. Prior to making such repayment, the third party fund administrator
shall  submit  to  the  fiscal  officer  a  plan  subject  to the fiscal
officer's approval setting forth the manner in  which  the  third  party
fund  administrator  will  reach  the  required  average wage within one
hundred fifty days of receiving the payment from the applicant  and  how
any  remaining funds will be disbursed in the event that the third party
fund  administrator  cannot  distribute  the  funds  to the construction
workers within one year of receiving fiscal  officer  approval.  In  the
event  that  the  applicant  fails  to make such payment within the time
period prescribed in this subparagraph, the applicant shall  be  subject
to  a  fine  of  one thousand dollars per week provided that the maximum
fine shall be seventy-five thousand  dollars;  or  (B)  if  the  average
hourly  wage  is  more  than  fifteen  percent below the minimum average
hourly wage required by subparagraph (i) or (ii) of this  paragraph,  as
applicable,  then no later than one hundred twenty days from the date of
submission of such project-wide certified payroll report, the  applicant
shall  pay  to the third party fund administrator an amount equal to the
amount of the deficiency set forth in the project-wide  payroll  report.
fund administrator cannot  distribute  the  funds  to  the  construction
workers  within  one  year  of  receiving  fiscal  officer  approval. In
addition, the fiscal officer shall impose a penalty on the applicant  in
an  amount equal to twenty-five percent of the amount of the deficiency,
provided, however, that the fiscal officer shall not impose such penalty
where the eligible multiple dwelling has  been  the  subject  of  a  job
action  which  results  in a work delay. In the event that the applicant
fails to make such payment within the time  period  prescribed  in  this
subparagraph,  the  applicant shall be subject to a fine of one thousand
dollars per week, provided that the maximum fine shall  be  seventy-five
thousand  dollars.  Notwithstanding any provision of this paragraph, the
applicant shall  not  be  liable  in  any  respect  whatsoever  for  any
payments,  fines  or  penalties  related to or resulting from contractor
fraud, mistake, or negligence or for fraudulent or inaccurate contractor
certified payroll reports or for fraudulent or  inaccurate  project-wide
certified  payroll reports, provided, however, that payment to the third
party fund administrator in the amount set  forth  in  the  project-wide
certified  payroll  report as described in this subparagraph shall still
be made by the contractor or sub-contractor in the event of underpayment
resulting from or caused by the contractor or sub-contractor,  and  that
the  applicant  will  be liable for underpayment to the third party fund
administrator  unless  the  fiscal  officer  determines,  in  its   sole
discretion,  that  the  underpayment  was  the  result of, or caused by,
contractor  fraud,  mistake  or  negligence  andor  for  fraudulent  or
inaccurate  contractor  certified  payroll  reports  andor project-wide
certified payroll reports. The applicant shall otherwise not  be  liable
in  any  way  whatsoever  once  the  payment  to  the  third  party fund
administrator has been made in the amount set forth in the  project-wide
certified  payroll  report.  Other  than the underpayment, which must be
paid to the third party fund administrator, all fines and penalties  set
forth  in  this paragraph imposed by the fiscal officer shall be paid to
the agency and used by the agency to provide affordable housing.
(viii) Nothing in this  paragraph  shall  be  construed  to  confer  a
private  right  of  action  to enforce the provisions of this paragraph,
provided, however, that this sentence shall not be construed as a waiver
of any existing rights of construction workers or their  representatives
related  to  wage  and  benefit  collection,  wage  theft or other labor
protections or rights  and  provided,  further,  that  nothing  in  this
paragraph  relieves  any obligations pursuant to a collective bargaining
agreement.
(ix) A rental project containing three  hundred  or  more  residential
dwelling  units  not  located within the enhanced affordability area may
elect to comply with the requirements of this paragraph and be  eligible
to  receive an enhanced thirty-five year benefit. Such election shall be
made in the application and shall not thereafter be changed. Such rental
project shall comply with all of the requirements of this paragraph  and
shall be deemed to be located within the Brooklyn enhanced affordability
area  or the Queens enhanced affordability area for the purposes of this
(x) The fiscal officer shall have the sole authority to determine  and
enforce  any  liability  for  underpayment owing to the third party fund
administrator from the applicant andor the contractor (as a  result  of
inaccurate contractor  certified  payroll  reports  andor  project-wide
certified  payroll  reports), as set forth in subparagraph (vii) of this
paragraph.  The  fiscal   officer   shall   expeditiously   conduct   an
investigation  and hearing at the New York City office of administrative
trials and hearings, shall determine the issues raised thereon and shall
make and file an order in his or her office stating  such  determination