dliu1/legal-llama-raw-text huggingface dataset:
benefits available pursuant to this subparagraph unless it complies with
the provisions of subdivision seven of this section.
(iv) (A) Unless excluded by local law, in the city of  New  York,  the
benefits  of  this  subparagraph  shall  be  available in the borough of
Manhattan for new  multiple  dwellings  on  tax  lots  now  existing  or
hereafter  created  south  of  or adjacent to either side of one hundred
tenth street that  commence  construction  after  July  first,  nineteen
hundred  ninety-two and on or before December thirty-first, two thousand
fifteen provided, however, that such a multiple  dwelling  receives  its
first  temporary  or  permanent  certificate  of  occupancy covering all
residential areas on  or  before  December  thirty-first,  two  thousand
nineteen,  and  solely  for  purposes of determining whether this clause
applies and notwithstanding any local law to  the  contrary,  commence
shall  mean  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, only if:
that  twenty  percent of the units are affordable to families of low and
(B) Such new multiple dwellings, except hotels, shall be  exempt  from
taxation   for   local   purposes,  other  than  assessments  for  local
improvements for the tax year or  years  immediately  following  taxable
status  dates  occurring subsequent to the commencement and prior to the
completion of construction, but not to exceed three such tax years,  and
shall  continue to be exempt from such taxation in tax years immediately
following the taxable status dates first occurring after the  expiration
of  the  exemption  herein conferred during such construction so long as
used at the completion of  construction  for  dwelling  purposes  for  a
period not to exceed twenty years in the aggregate, as follows:
a.  except as otherwise provided herein, there shall be full exemption
expires sooner, and for twelve years following such period;
b. followed by two years of exemption  from  eighty  percent  of  such
c.  followed  by  two  years  of  exemption from sixty percent of such
d. followed by two years of  exemption  from  forty  percent  of  such
e.  followed  by  two  years  of exemption from twenty percent of such
During construction (maximum three years)              Exemption 100%
Following completion of work year:
1 through 12                         100%
13-14                               80%
15-16                               60%
17-18                               40%
19-20                               20%
(b) In addition to the taxes payable pursuant to the table above,  the
owner shall pay in each tax year in which such full or partial exemption
is in effect, real property taxes and assessments as follows:
(i) real property taxes on the assessed valuation of such land and any
improvements  thereon  in  effect  during  the  tax  year  preceding the
commencement of such construction 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
(ii) all assessments for local improvements.
(c)  Such  multiple  dwellings  shall  be  eligible for exemption from
taxation pursuant to this section only if:
(i) exemption from taxes is not  availed  of  concurrently  under  any
other  law and that on or after July first, nineteen hundred seventy-six
no preliminary certificate of eligibility or certificate of  eligibility
issued  under  this section may be rescinded by the local housing agency
to avail the property of the benefits of tax exemption or tax  abatement
for rehabilitation or new construction under the provisions of any other
law,  but  that  prior  to  July first, nineteen hundred seventy-six the
local housing agency may rescind such certificates to avail the property
of the benefits of tax exemption or tax abatement under  the  provisions
of any other law;
(ii)  construction  is commenced after January first, nineteen hundred
seventy-five and  on  or  before  December  thirty-first,  two  thousand
fifteen  provided,  however,  that (A) such a multiple dwelling receives
its first temporary or permanent certificate of occupancy  covering  all
residential  areas  on  or  before  December  thirty-first, two thousand
nineteen,  (B)  solely  for  purposes  of   determining   whether   this
subparagraph  applies and notwithstanding any local law to the contrary,
commence shall mean 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, and (C) such commencement
period shall not apply to multiple dwellings eligible for benefits under
subparagraph (iv) of paragraph (a) of this subdivision;
(iii) in the event that, immediately  prior  to  commencement  of  new
construction,  such  land  was  improved  with a residential building or
buildings that have since been substantially  demolished,  and  the  new
building or buildings contain more than twenty dwelling units, then such
new  construction  shall  contain  at least five dwelling units for each
class A dwelling unit in existence immediately prior to  the  demolition
preceding construction; and
(iv)  in  the  event  that  a  project contains more than 100 dwelling
units, at least 15 per cent of the dwelling units contain at least three
and one-half rooms and at least  10  per  cent  of  the  dwelling  units
contain  at  least  four  and  one-half rooms, unless a waiver from such
requirements is granted by the local housing agency based on hardship.
(d) As of July first, nineteen hundred seventy-five, if the  aggregate
floor  area  of  commercial,  community facility and accessory use space
exceeds twelve per cent of the aggregate floor area, as defined  herein,
of  any  building  granted  tax exemption pursuant to this section on or
subsequent to July first, nineteen hundred  seventy-one,  tax  exemption
shall  be  reduced  by  an amount equal to the per cent of the aggregate
floor area by which the aggregate floor area  of  commercial,  community
facility  and  accessory  use  space  exceeds  twelve  per  cent  of the
aggregate floor area of the building provided, however,  that  accessory
use  space  shall  not  include  accessory parking located not more than
twenty-three feet above the  curb  level  and  provided,  further,  that
whenever  a  building containing two or more separately assessed parcels
of real property has commercial, community facility  and  accessory  use
space  in  excess  of  such  twelve  percent, the tax arising out of the
reduction in exemption for such excess space shall  not  be  apportioned
pro  rata  among  all of the separately assessed parcels in the building
but shall be applied first to those separately  assessed  parcels  which
are  unrelated  to  the  residential use of the building; and only after
such unrelated parcels are fully taxable shall the remainder of such tax
be  apportioned pro rata among the remaining separately assessed parcels
and provided further, that no such exemption for  commercial,  community
facility  and  accessory  use  space  shall  be applicable prior to July
first, nineteen hundred seventy-five. To be eligible for exemption under
this  section  such  construction  shall  take  place  on  land   which,
thirty-six  months  prior  to the commencement of such construction, was
vacant,  predominantly  vacant,  under-utilized,  or  improved  with   a
non-conforming   use,  provided  that  if  such  new  multiple  dwelling
displaces or replaces a  building  or  buildings  containing  more  than
twenty-five   occupied   dwelling   units   in   existence  on  December
thirty-first, nineteen hundred seventy-four and administered  under  the
local  emergency housing rent control act, the rent stabilization law of
nineteen hundred sixty-nine, or the emergency tenant protection  act  of
nineteen  seventy-four, such new multiple dwelling shall not be eligible
in the city of New York unless a certificate of eviction has been issued
for any of the displaced  or  replaced  units  pursuant  to  the  powers
granted  by  the  city  rent  and rehabilitation law, and that the sale,
transfer or utilization of air rights over  residential  buildings  that
were  not  demolished  shall  not  be  construed  as  a  displacement or
replacement of the  dwelling  units  contained  within  those  buildings
within the meaning of this subdivision.
(e) Any provision of this section to the contrary notwithstanding, the
following properties shall not be eligible for exemption:
(i)  any  multiple dwelling located in any geographical area where the
exemption is eliminated by regulations promulgated by the local  housing
agency, pursuant to subdivision three of this section, upon a finding by
the  local  housing  agency  that the need for the tax incentive in such
area has been significantly reduced, or that an area should be preserved
for mainly non-residential purposes in accordance with  local  municipal
policy;  unless  construction actually commenced prior to January first,
nineteen hundred eighty-two; provided  that  the  local  housing  agency
shall  not  reduce  or eliminate such exemption with respect to multiple
dwellings of less than four stories in height, as stories are defined in
the multiple dwelling law, except in areas to be  preserved  for  mainly
non-residential  purposes  provided further that no regulation regarding
such geographical limitation shall eliminate benefits available pursuant
to this section for construction which is  commenced  within  two  years
from  the  effective  date  of  such  regulation,  except in areas to be
preserved for mainly non-residential purposes;
(ii) any land which is mapped as a  public  park,  provided,  however,
that  this  exclusion  from eligibility for exemption shall not apply to
any land which has been mapped as a public park but which, for a  period
of  ten  years  or  more  after  the  date of such mapping, has not been
acquired by the state or the city in which such land is located and with
respect to which land the local department of parks and  recreation  has
determined  that such land is not required for public park purposes, and
that such department has no intention of acquiring such land and that no
funds have been allocated for such purpose;
(iii) any land which has been utilized for  ten  or  more  consecutive
years prior to October first, nineteen hundred seventy-one as a private
park as hereinafter defined. A private park is a privately owned zoning
lot  in  a densely developed area having a minimum size of four thousand
square feet, free of all developments and containing only trees,  grass,
benches,   walkways   and   passive  recreational  facilities  including
structures incidental thereto which has been used and maintained  during
said period for such passive recreational activity by the general public
without  charge with the consent and participation of the owner thereof;
where construction is commenced after  December  thirty-first,  nineteen
hundred seventy-two, eligibility shall be determined on the basis of the
condition  of  the  land  on  the first day of October, nineteen hundred
seventy-one.
(f)  Notwithstanding  the  provisions  of  any  local  law   for   the
stabilization  of  rents  in  multiple dwellings or the emergency tenant
protection act of nineteen seventy-four, the rents of a  unit  shall  be
fully subject to control under such local law or such act, unless exempt
under  such  local  law  or  such  act  from  control  by  reason of the
cooperative or condominium status of the unit,  for  the  entire  period
during  which  the  property  is receiving tax benefits pursuant to this
section for the period any such applicable law  or  act  is  in  effect,
whichever  is  shorter.  Thereafter,  such  rents  shall  continue to be
subject to such control to the same extent and in the same manner as  if
this  section had never applied thereto, except that such rents shall be
decontrolled if:
(i) with respect to units subject to the provisions of this section on
the effective date of this subparagraph such a unit becomes vacant after
the expiration of such  ten  year  period  or  applicable  law  or  act;
provided,  however,  that such units may be decontrolled pursuant to the
rent regulation reform act of 1993 and provided further  that  the  rent
shall  not  be decontrolled for a unit which the commissioner of housing
and community renewal or a court of competent jurisdiction finds  became
vacant  because  the landlord or any person acting on his behalf engaged
in any course of conduct, including but not limited to, interruption  or
discontinuance  of essential services which interfered with or disturbed
or was intended to interfere with or disturb the comfort, repose,  peace
or  quiet  of the tenant in his use or occupancy of such unit, and, that
upon such finding in addition to being subject to any other penalties or
remedies permitted by law, the landlord of such  unit  shall  be  barred
from  collecting  rent  for  such  unit in excess of that charged to the
tenant who vacated such unit until restoration  of  possession  of  such
tenant,  if the tenant so desires, in which case the rent of such tenant
shall be established as if such tenant had not  vacated  such  unit,  or
compliance  with  such  other remedy, including, but not limited to, all
remedies provided for by the emergency tenant protection act of nineteen
seventy-four for rent overcharge or failure to comply with any order  of
the   commissioner  of  housing  and  community  renewal,  as  shall  be
determined by the commissioner of housing and community  renewal  to  be
appropriate;  provided,  however,  that  if a tenant fails to accept any
such offer of restoration of possession, such unit shall return to  rent
stabilization at the previously regulated rent; or
(ii)  with  respect to units which become subject to the provisions of
this section after the effective date of  this  subparagraph,  such  tax
benefit period as provided in the opening paragraph of this paragraph or
applicable  law  or  act  shall  have  expired and either each lease and
renewal thereof for such unit for the tenant in residence at the time of
such decontrol has included a notice  in  at  least  twelve  point  type
informing  such  tenant  that  the  unit  shall  become  subject to such
decontrol upon the expiration of such tax benefit period as provided  in
the  opening  paragraph  of  this paragraph or applicable law or act and
states the approximate date on which such tax benefit period as provided
in the opening paragraph of this paragraph is scheduled  to  expire;  or
such  unit  becomes  vacant  as  provided under subparagraph (i) of this
(g)  For  purposes  of  this  section  construction  shall  be  deemed
commenced when excavation or alteration has begun in good faith on the
basis of approved construction plans.
(h)  Anything  in  this  section to the contrary notwithstanding, with
regard to a  project  consisting  of  two  or  more  multiple  dwellings
constructed on a contiguous site and containing an aggregate of not less
than  one thousand dwelling units, each of such multiple dwellings shall
be entitled to the exemption set forth herein provided  construction  of
such  project  be  commenced  before  January  first,  nineteen  hundred
seventy-eight and completed no later than a date certain  fixed  by  the
local  housing  agency  not  to  exceed  four  years  from  the  date of
commencement of construction of such project.
(i) Authority  of  city  to  enact  local  law.  Except  as  otherwise
specified  in  this  section, a city to which this section is applicable
may enact a local law to restrict, limit or condition  the  eligibility,
scope  or  amount  of  the  benefits  under  this  section in any manner
provided that such  local  law  may  not  grant  benefits  beyond  those
provided  in  this  section and provided further that in the city of New
York such local law shall not take effect sooner than one year after  it
is  enacted.  Notwithstanding the foregoing, the provisions of any local
law shall  not  alter  the  effect  of  subdivisions  twelve,  thirteen,
fourteen,  and  fifteen  of  this section as they apply on the effective
date of such subdivisions, notwithstanding any subsequent amendments  to
the provisions of law referred to in such subdivisions.
(j)   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 tax
exemption  granted pursuant to this subdivision unless the local housing
agency authorizes such renunciation or termination  in  connection  with
the  commencement  of a new tax exemption pursuant to either the private
housing finance law or section four hundred twenty-c of this title.
3. a. Application forms for exemption  under  this  section  shall  be
filed with the assessors between February first and March fifteenth and,
based  on  the  certification  of  the  local  housing  agency as herein
provided, the assessors shall certify  to  the  collecting  officer  the
amount  of  taxes  to  be  abated.  If there be in a city of one million
population or more a department of housing preservation and development,
the term housing agency shall mean only  such  department  of  housing
preservation  and  development. No such application shall be accepted by
the assessors unless accompanied by a certificate of the  local  housing
agency  certifying  the applicant's eligibility pursuant to subdivisions
two and four of this section. No such certification of eligibility shall
be issued by the local housing agency until such agency  determines  the
initial  adjusted  monthly rent to be paid by tenants residing in rental
dwelling  units  contained  within  the  multiple   dwelling   and   the
comparative  adjusted  monthly  rent  that would have to be paid by such
tenants if no tax exemption were applicable as provided by this section.
The initial adjusted monthly rent will be certified by the local housing
agency as the first rent for the subject dwelling units. A copy of  such
certification  with  respect  to  such  units  shall  be attached by the
applicant to the first  effective  lease  or  occupancy  agreement.  The
initial  adjusted  monthly  rent  shall  reflect  the full tax exemption
benefits as approved by the agency.
The agency shall determine the amount of the initial adjusted  monthly
rent as follows:
(i) The total project cost shall be determined by adding the following
(a)  Land  acquisition cost or purchase price, if purchased within two
years  prior  to  the  date  on  which  construction  or  alteration  is
commenced;  or  land  acquisition cost or purchase price or an appraisal
prepared by a qualified  independent  appraiser,  in  such  form  as  is
acceptable to the agency, if purchased more than two years prior to such
date.  Land  acquisition  cost  or  purchase price, where used, shall be
certified to by an independent certified public accountant;
(b)  Costs  incurred  in  the  process  of  preparing  the  site   for
construction,  including but not limited to operating losses, relocation
expenses, demolition expenses and carrying charges,  such  costs  to  be
certified  by  an  independent certified public accountant to a date not
more than ninety  days  prior  to  the  filing  of  an  application  for
certification  of  eligibility  and  the  balance  of  such  costs to be
estimated;
(c) Construction costs for constructing or rehabilitating the multiple
dwelling as determined by the agency in accordance with subdivision four
of this section, plus such  amount,  if  any,  representing  unique  and
special  costs as may be allowed by the agency for a particular multiple
dwelling;
(d) An allowance for  estimated  off-site  costs,  including  but  not
limited  to  architects,  engineers  and  legal fees, interest and taxes
during construction, insurance, title and mortgage fees,  as  determined
by the agency in accordance with subdivision four of this section, and
(e)  such  other amounts as are ordinarily and customarily incurred in
connection  with  the  construction  or  rehabilitation  of  a  multiple
dwelling,  as  determined  by  the agency in accordance with subdivision
four of this section.
(ii) The total expenses of the multiple dwelling shall  be  determined
by adding the following items:
(a)  The amount that the agency determines to be the reasonable annual
costs for the continuing  maintenance  and  operation  of  the  multiple
dwelling in accordance with subdivision four of this section;
(b)  The amount that the agency determines to be an appropriate annual
provision for vacancies, contingency reserves  and  management  fees  in
accordance with subdivision four of this section.
(c)  The  projected  real  property taxes to be levied on the multiple
dwelling and the land on which it is situated at the time  of  estimated
initial occupancy;
(d)  Fourteen  (14) per cent of the total project cost, as hereinabove
defined, which amount will include all expenses for debt service; and
(e) Deducting from said  total  the  estimated  annual  income  to  be
derived  from  any commercial, community facility or accessory use space
in the building.
(iii) The total expenses shall be divided by the room count to provide
the adjusted monthly rent per room per month.
(iv) The adjusted monthly rent per room per month shall be  multiplied
by  the  room  count of each rental dwelling unit to provide the initial
adjusted monthly rent for such  dwelling  unit.  The  agency  may  allow
adjustments  in  the  initial  adjusted  monthly rent for any particular
dwelling units provided that the total of the initial  adjusted  monthly
rents  for all of the rental dwelling units in a multiple dwelling shall
not exceed the total expenses of such multiple dwelling.
The agency shall determine the estimated comparative adjusted  monthly
rent  that  would have to be paid if no tax exemption were applicable as
provided by this section by adding to the adjusted monthly rent for each
dwelling unit as  hereinabove  computed  an  amount  equal  to  (a)  the
difference  between  the  projected  real  property taxes which would be
levied on the multiple dwelling and the land on which it is situated  at
the time estimated initial occupancy if no tax abatement were applicable
as  provided  by  this  section  and  the  projected real property taxes
hereinabove  utilized  in  connection  with  the  computation  of  total
expenses;  (b)  divided  by  the  room count of the building as per this
section; and (c) multiplied by the applicants  approved  room  count  of
each such dwelling unit.
The local housing agency may promulgate rules and regulations to carry
out the provisions of this section, not inconsistent with the provisions
hereof, and may require a reasonable filing fee in an amount provided by
such rules and regulations.
b. Notwithstanding the provisions of any general, special or local law
to  the  contrary,  the  local  housing  agency may require by rule that
applications be filed electronically.
4. a. After a public  hearing  the  housing  agency  shall  promulgate
annually  to  take  effect  as of January first of each year the amounts
that it determines to be the reasonable amounts in such  categories  and
classifications  as  may  be established by the housing agency, for such
items as are generally applicable to all developments and  are  required
to  be  determined  pursuant to subdivision three of this section, which
amounts  shall  be  filed  with  the  city  clerk  and  published  in  a
publication  of  general  circulation in the city or the city record, if
any, upon adoption by the housing agency.
b. The local housing agency may require a filing fee not to exceed the