dliu1/legal-llama-raw-text huggingface dataset:
and  forthwith serve a copy of such order, either personally or by mail,
together with notice of filing, upon the parties  to  such  proceedings.
The fiscal officer in such an investigation shall be deemed to be acting
in  a  judicial  capacity  and shall have the rights to issue subpoenas,
administer oaths and examine witnesses. The enforcement  of  a  subpoena
issued  under this subparagraph shall be regulated by the civil practice
law and rules. The filing of such order shall have the  full  force  and
effect  of  a  judgment duly docketed in the office of the county clerk.
The order may be enforced by and in the name of the  fiscal  officer  in
the  same  manner, and with like effect, as that prescribed by the civil
practice law and rules for the enforcement of a money judgment.
(d) Tax payments. In addition to any other amounts payable pursuant to
this subdivision, the owner of any eligible  site  receiving  Affordable
New  York  Housing Program benefits shall pay, in each tax year in which
such Affordable New York Housing Program benefits are  in  effect,  real
property taxes and assessments as follows:
(i)  with  respect  to  each eligible multiple dwelling constructed on
such eligible site, real property taxes on  the  assessed  valuation  of
such  land  and  any  improvements thereon in effect during the tax year
prior to the commencement  date  of  such  eligible  multiple  dwelling,
without  regard  to  any  exemption  from  or abatement of real property
taxation in effect during such tax year, which real property taxes shall
be calculated using the tax rate in effect at the time  such  taxes  are
due; and
(e) Limitation on benefits for non-residential space. If the aggregate
floor  area of commercial, community facility and accessory use space in
an eligible site, other than parking which  is  located  not  more  than
twenty-three  feet  above  the curb level, exceeds twelve percent of the
aggregate floor area in such eligible  site,  any  Affordable  New  York
Housing  Program benefits shall be reduced by a percentage equal to such
excess. If an eligible site contains multiple tax lots, the tax  arising
out  of  such  reduction in Affordable New York Housing Program benefits
shall first be apportioned pro rata among any non-residential tax  lots.
After any such non-residential tax lots are fully taxable, the remainder
of  the tax arising out of such reduction in Affordable New York Housing
Program benefits, if any,  shall  be  apportioned  pro  rata  among  the
remaining residential tax lots.
(f)  Calculation  of benefit. Based on the certification of the agency
certifying the applicant's eligibility for Affordable New  York  Housing
Program  benefits, the assessors shall certify to the collecting officer
the amount of taxes to be exempted.
(g) Affordability  requirements.  During  the  restriction  period,  a
rental   project  shall  comply  with  either  affordability  option  A,
affordability option B, or affordability option C or for purposes  of  a
homeownership  project,  such  project  shall  comply with affordability
option D. Such election shall be made in the application and  shall  not
thereafter  be  changed.  The  rental project shall also comply with all
provisions of this paragraph during  the  restriction  period  and  with
subparagraph   (iii)  of  this  paragraph  both  during  and  after  the
restriction period to the extent provided in such subparagraph. A rental
project containing three hundred or more rental dwelling  units  located
in  the enhanced affordability area or a rental project containing three
hundred or more rental dwelling units not located  within  the  enhanced
affordability  area  which  elects  to  comply  with the requirements of
paragraph (c) of this subdivision shall comply with either affordability
option E, affordability  option  F,  or  affordability  option  G.  Such
election  shall  be  made in the application and shall not thereafter be
changed. Such rental project shall also comply with  all  provisions  of
this   paragraph   during  the  extended  restriction  period  and  with
subparagraph (iii) of this paragraph both during and after the  extended
restriction period to the extent provided in such paragraph.
(i)  All  rental dwelling units in an eligible multiple dwelling shall
share the same common entrances and common areas as market rate units in
such eligible multiple dwelling, and shall not be isolated to a specific
floor or area of an eligible multiple dwelling. Common  entrances  shall
mean  any  area regularly used by any resident of a rental dwelling unit
in the eligible multiple dwelling  for  ingress  and  egress  from  such
eligible multiple dwelling; and
(ii) Unless preempted by the requirements of a federal, state or local
housing  program, either (A) the affordable housing units in an eligible
site shall have a unit mix proportional to the market units, or  (B)  at
least  fifty percent of the affordable housing units in an eligible site
shall have two or more bedrooms and no more than twenty-five percent  of
the affordable housing units shall have less than one bedroom.
(iii)  Notwithstanding  any  provision  of  rent  stabilization to the
contrary, all affordable housing units shall be fully  subject  to  rent
stabilization  during  the  restriction  period  or extended restriction
period, as applicable, provided that tenants  holding  a  lease  and  in
occupancy  of  such  affordable  housing  units at the expiration of the
restriction period or extended restriction period, as applicable,  shall
have  the right to remain as rent stabilized tenants for the duration of
their occupancy.
(iv)  All  rent  stabilization  registrations  required  to  be  filed
pursuant  to  subparagraph  (iii)  of  this  paragraph  shall  contain a
designation  that  specifically  identifies  affordable  housing   units
created  pursuant  to  this  subdivision as Affordable New York Housing
Program affordable housing units and shall contain  an  explanation  of
the requirements that apply to all such affordable housing units.
(v)  Failure  to  comply  with  the  provisions of this paragraph that
require the creation, maintenance,  rent  stabilization  compliance  and
occupancy of affordable housing units or for purposes of a homeownership
project  the  failure to comply with affordability option D shall result
in revocation of any Affordable New York Housing  Program  benefits  for
the period of such non-compliance.
(vi)  Nothing  in this subdivision shall (A) prohibit the occupancy of
an affordable housing unit by individuals or families  whose  income  at
any  time is less than the maximum percentage of the area median income,
adjusted for family size, specified for  such  affordable  housing  unit
pursuant  to  this subdivision, or (B) prohibit the owner of an eligible
site from requiring, upon initial rental or upon any rental following  a
vacancy,  the  occupancy  of  any  affordable housing unit by such lower
income individuals or families.
(vii) Following issuance of a temporary certificate of  occupancy  and
upon  each vacancy thereafter, an affordable housing unit shall promptly
be offered for rental by individuals or families whose income  does  not
exceed  the  maximum  percentage of the area median income, adjusted for
family size, specified for such affordable housing unit pursuant to this
subdivision and who intend to occupy such  affordable  housing  unit  as
their  primary  residence.  An  affordable housing unit shall not be (A)
rented to a corporation, partnership or other entity, or  (B)  held  off
the  market  for a period longer than is reasonably necessary to perform
repairs needed to  make  such  affordable  housing  unit  available  for
(viii)  An affordable housing unit shall not be rented on a temporary,
transient or short-term basis. Every lease and renewal  thereof  for  an
affordable  housing unit shall be for a term of one or two years, at the
option of the tenant.
(ix) An affordable housing unit shall not be converted to  cooperative
or condominium ownership.
(x)  The  agency may establish by rule such requirements as the agency
deems necessary or appropriate  for  (A)  the  marketing  of  affordable
housing  units,  both  upon  initial occupancy and upon any vacancy, (B)
monitoring compliance with the provisions of this paragraph and (C)  the
marketing and monitoring of any homeownership project that is granted an
exemption  pursuant  to this subdivision. Such requirements may include,
but need not be limited to, retaining a monitor approved by  the  agency
and paid for by the owner.
(xi)   Notwithstanding  any  provision  of  this  subdivision  to  the
contrary, a market unit shall be subject to rent  stabilization  unless,
in  the  absence  of  Affordable  New York Housing Program benefits, the
owner  would  be  entitled  to  remove  such  market  unit   from   rent
stabilization  upon  vacancy by reason of the monthly rent exceeding any
limit established thereunder.
(h)  Building  service  employees.  (i)  For  the  purposes  of   this
paragraph,  applicant  shall mean an applicant for Affordable New York
Housing Program benefits,  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) All building service employees employed by the applicant  at  the
eligible  site  shall  receive  the  applicable  prevailing wage for the
entire restriction period or extended restriction period, as applicable.
(iii)  The  fiscal  officer  shall  have  the  power  to  enforce  the
provisions  of  this paragraph. In enforcing such provisions, the fiscal
officer shall have the power:
(A) 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
(B) to institute and conduct inspections at the site of  the  work  or
(C)  to  examine  the  books,  documents and records pertaining to the
wages paid to, and the hours of  work  performed  by,  building  service
(D) to hold hearings and, in connection therewith, to issue subpoenas,
administer  oaths  and  examine witnesses; the enforcement of a subpoena
issued under this paragraph shall be regulated by the civil practice law
and rules;
(E) 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
(F)  to require the applicant to file with the fiscal officer a record
(G)  to  delegate  any of the foregoing powers to his or her deputy or
(H) 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 subparagraph.
(iv) If the fiscal officer finds that  the  applicant  has  failed  to
comply  with  the  provisions of this paragraph, he or she shall present
evidence of such noncompliance to the agency.
(v) Subparagraph (ii) of this paragraph shall not be applicable to:
(A) an eligible multiple dwelling containing less than thirty dwelling
units; or
(B) an eligible multiple dwelling in which all of the  dwelling  units
are  affordable  housing  units  and not less than fifty percent of such
affordable housing units, upon initial rental and upon  each  subsequent
rental  following  a  vacancy  during the restriction period or extended
restriction period, as applicable, are affordable to and  restricted  to
occupancy  by  individuals  or  families 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.
(i) Replacement ratio. If the  land  on  which  an  eligible  site  is
located   contained   any  dwelling  units  three  years  prior  to  the
commencement date of the first eligible multiple dwelling thereon,  then
such  eligible  site  shall contain at least one affordable housing unit
for each dwelling unit that existed on  such  date  and  was  thereafter
demolished, removed or reconfigured.
(j) Concurrent exemptions or abatements. An eligible multiple dwelling
receiving Affordable New York Housing Program benefits shall not receive
any  exemption  from  or  abatement  of real property taxation under any
other law.
(k)  Voluntary  renunciation  or  termination.   Notwithstanding   the
provisions  of  any  general,  special  or local law to the contrary, an
owner shall not be entitled to voluntarily  renounce  or  terminate  any
Affordable   New   York  Housing  Program  benefits  unless  the  agency
authorizes such renunciation  or  termination  in  connection  with  the
commencement  of  a  new  tax  exemption  pursuant to either the private
(l) Termination or revocation. The  agency  may  terminate  or  revoke
Affordable New York Housing Program benefits for noncompliance with this
subdivision,  provided,  however, that the agency shall not terminate or
revoke Affordable New York Housing Program benefits  for  a  failure  to
comply  with  paragraph  (c) of this subdivision. If Affordable New York
Housing Program benefits are terminated  or  revoked  for  noncompliance
with  this  subdivision,  (i)  all of the affordable housing units shall
remain subject to rent stabilization and all other requirements of  this
subdivision  for  the restriction period or extended restriction period,
as applicable, and any additional  period  expressly  provided  in  this
subdivision,  as if the Affordable New York Housing Program benefits had
not been terminated or revoked; (ii) all  of  the  market  rate  housing
units   shall  remain  subject  to  rent  stabilization  and  all  other
requirements of this subdivision for the restriction period or  extended
restriction  period,  as applicable, and any additional period expressly
provided in this subdivision, as if  the  Affordable  New  York  Housing
Program  benefits had not been terminated or revoked, provided, however,
that the owner shall still be entitled to remove such market  unit  from
rent  stabilization upon vacancy by reason of the monthly rent exceeding
any limit established thereunder; (iii) or for a  homeownership  project
such  project  shall  continue  to comply with affordability option D of
this subdivision and all other requirements of this subdivision for  the
restriction  period and any additional period expressly provided in this
subdivision, as if the Affordable New York Housing Program benefits  had
not been terminated or revoked.
(m)  Powers cumulative. The enforcement provisions of this subdivision
shall not be exclusive,  and  are  in  addition  to  any  other  rights,
remedies,  or enforcement powers set forth in any other law or available
at law or in equity.
(n) Multiple tax lots. If an eligible site contains multiple tax lots,
an application may be submitted with respect to one or more of such  tax
lots.  The  agency  shall  determine eligibility for Affordable New York
Housing Program benefits based  upon  the  tax  lots  included  in  such
application  and benefits for each multiple dwelling shall be based upon
the completion date of such multiple dwelling.
(o) Applications. (i) The application with  respect  to  any  eligible
multiple dwelling shall be filed with the agency not later than one year
after the completion date of such eligible multiple dwelling.
(ii)  Notwithstanding  the provisions of any general, special or local
law to the contrary, the agency may require by rule that applications be
filed electronically.
(iii) The agency may rely on certification by an architect or engineer
submitted  by  an  applicant  in  connection  with  the  filing  of   an
application.  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  the  education  law,  and  shall
thereafter  be  ineligible  to  submit  a certification pursuant to this
(iv) The agency shall  not  require  that  the  applicant  demonstrate
compliance with the requirements of paragraph (c) of this subdivision as
a condition to approval of the application.
(p)  Filing fee. The agency may require a filing fee of three thousand
dollars per dwelling unit in connection with any  application.  However,
the agency may promulgate rules imposing a lesser fee for eligible sites
containing  eligible multiple dwellings constructed with the substantial
local governmental agency or instrumentality pursuant to a  program  for
(q)  Rules.    Except  as  provided  in paragraphs (c) and (h) of this
subdivision, the agency shall have the sole  authority  to  enforce  the
provisions of this subdivision and may promulgate rules to carry out the
provisions of this subdivision.
(r)  Election.  Notwithstanding  anything  in  this subdivision to the
contrary, a rental project or homeownership project with a  commencement
date  on  or before December thirty-first, two thousand fifteen that has
not received benefits pursuant to this section prior  to  the  effective
date  of the chapter of the laws of two thousand fifteen that added this
subdivision may elect  to  comply  with  this  subdivision  and  receive
Affordable   New   York   Housing  Program  benefits  pursuant  to  this
17. (a) Definitions. For purposes of this subdivision:
(i) Affordable housing eighty  percent  units  shall  mean  dwelling
units that: (A) are situated within the extended affordability property;
(B)  upon  initial  rental  and  upon each subsequent rental following a
vacancy during the extended affordability period,  are  each  affordable
and  restricted  to occupancy by individuals or families whose household
income does not exceed one hundred percent of the  area  median  income,
occupies such dwelling unit; and (C) upon initial rental and  upon  each
subsequent  rental following a vacancy during the extended affordability
period, are collectively  affordable  and  restricted  to  occupancy  by
individuals  or  families  whose  household  income  does  not exceed an
average of eighty percent of the area median income, adjusted for family
size, at the time that such household initially occupies  such  dwelling
unit.
(ii)  Affordable housing one hundred thirty percent units shall mean
dwelling units that: (A) are situated within an  extended  affordability
property;  and  (B)  upon initial rental and upon each subsequent rental
following a vacancy during the extended affordability period,  are  each
affordable  and restricted to occupancy by individuals or families whose
household income does not exceed one hundred thirty percent of the  area
(iii)   Affordable   housing   unit  shall  mean,  collectively  and
individually, affordable housing eighty  percent  units  and  affordable
(iv)  Agency  shall  mean the department of housing preservation and
(v) Application shall mean  an  application  for  extended  benefits
pursuant to this subdivision.
(vi)  Building  service  employee  shall  mean  any  person  who  is
maintenance  of,  an extended affordability property, including, but not
limited to,  a  watchman,  guard,  doorman,  building  cleaner,  porter,
handyman,   janitor,  gardener,  groundskeeper,  elevator  operator  and
starter,  and  window  cleaner,  but  not  including  persons  regularly
scheduled  to  work  fewer  than  eight  hours  per week in the extended
affordability property.
(vii) Commencement date shall mean the later of: (A) the  expiration
date; or (B) the restrictive declaration date.
(viii)  Expiration  date  shall  mean  the  date upon which benefits
granted to a twenty year benefit property or  twenty-five  year  benefit
property  pursuant  to  this  section prior to the effective date of the
chapter of the laws of two thousand fifteen that added this  subdivision
would expire.
(ix)  Extended  affordability period shall mean, notwithstanding any
earlier termination or revocation of the extended  benefit,  the  period
commencing  upon  the  commencement  date  and ending: (A) fifteen years
thereafter for a  twenty  year  benefit  property;  and  (B)  ten  years
thereafter for a twenty-five year benefit property.
(x) Extended affordability property shall mean a twenty year benefit
property  or  a twenty-five year benefit property that complies with the
(xi) Extended affordability requirement shall mean that, within  any
extended affordability property: (A) not less than twenty percent of the
dwelling  units are affordable housing eighty percent units; and (B) not
less  than  an  additional  five  percent  of  the  dwelling  units  are
affordable housing one hundred thirty percent units.
(xii)  Extended  benefit  shall mean, for any extended affordability
property, a fifty percent exemption from real property  taxation,  other
than  assessments for local improvements, for the extended affordability
(xiii) Fiscal officer shall mean the comptroller or other  analogous
(xiv)  Floor  area  shall  mean  the horizontal areas of the several
(xv) Multiple dwelling shall have  the  meaning  set  forth  in  the
(xvi)  Residential  tax  lot  shall  mean  a  tax  lot that contains
(xvii) Restrictive declaration shall mean a document executed by all
parties  in  interest  to  the  extended  affordability  property  which
provides  that,  during  the extended affordability period, the extended
affordability property shall  comply  with  the  extended  affordability
(xviii)  Restrictive declaration date shall mean the date upon which
the  restrictive  declaration   is   recorded   against   the   extended
(xix)  Twenty  year  benefit property shall mean a multiple dwelling
that commenced construction prior to July first, two thousand eight  and
that  was  granted  benefits  pursuant  to  this  section  prior  to the
effective date of the chapter of the laws of two thousand  fifteen  that
added  this  subdivision  due to its compliance with the requirements of
item  b  of  clause  (A)  of  subparagraph  (iv)  of  paragraph  (a)  of
subdivision two of this section.
(xx)  Twenty-five  year  benefit  property  shall  mean  a  multiple
dwelling that commenced construction prior to July first,  two  thousand
eight  and  that  was granted benefits pursuant to this section prior to
the effective date of the chapter of the laws of  two  thousand  fifteen
that  added this subdivision due to its compliance with the requirements
of item b of clause (D)  of  subparagraph  (iii)  of  paragraph  (a)  of
or  of  any  general,  special or local law to the contrary, an extended
affordability property shall be granted an extended  benefit,  provided,
however,  that  such  extended  benefit  shall  be available only if all
residential tax lots in such extended affordability property operate  as
rental housing.
(c) Tax payments. In addition to any other amounts payable pursuant to
this  subdivision,  the  owner  of  an  extended  affordability property
receiving an extended benefit shall pay, in each tax year in which  such
extended  benefit  is  in effect, real property taxes and assessments as
improvements thereon  in  effect  during  the  tax  year  preceding  the
commencement of the construction of such extended affordability property
without regard to any exemption or abatement from real property taxation
in  effect prior to such construction which real property taxes shall be
calculated on the tax rate in effect at the time such taxes are due; and
(d) Limitation on benefits for  non-residential  space.  Any  extended
benefit  shall  be  reduced by the percentage of aggregate floor area of
the extended affordability property occupied  by  commercial,  community
facility,  parking,  and  accessory uses as provided in paragraph (d) of
(e) Calculation of benefit. Based on the certification of  the  agency
certifying  the  applicant's  eligibility  for the extended benefit, the