NY Real Prop Tax L § 421-A (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2 - Private Property 421-A - Affordable New York Housing Program.

§  421-a. Affordable New York Housing Program. 1. The following terms, whenever used or referred to in this section, shall have  the  following meaning, unless a different meaning clearly appears in the context.   a.  "Adjusted Monthly Rent." The rent payable per month as provided in the first effective lease or occupancy agreement upon initial  occupancy of  a  rental  dwelling  unit  of a multiple dwelling after construction aided by exemption under this section less the cost of providing parking facilities and electricity, gas, cooking fuel and other utilities  other than heat and hot water to occupants of such dwelling units.   b.  "Floor  area."  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.   c.  "Multiple  Dwelling."  A  dwelling  which  is to be occupied or is occupied as the residence or home  of  three  or  more  families  living independently  of  one another, whether such dwelling is rented or owned as a cooperative or condominium. A new multiple dwelling  shall  include new  residential  construction and the concurrent conversion, alteration or improvement of a pre-existing building or structure provided that (i) for all tax lots  now  existing  or  hereafter  created,  no  more  than forty-nine  percent of the floor area (as defined in paragraph b of this subdivision) of the  multiple  dwelling  consists  of  the  pre-existing building  or structure that was converted, altered or improved, and (ii) for tax lots in the city of New York now existing or  hereafter  created within  the  following  area  in  the  borough  of  Manhattan,  the  new residential construction and/or the concurrent conversion, alteration or improvement of the pre-existing building or  structure  is  aided  by  a grant,  loan  or  subsidy  from  any  federal,  state or local agency or instrumentality: beginning at the  intersection  of  the  United  States pierhead line in the Hudson river and the center line of Chambers street extended,  thence  easterly  to  the  center line of Chambers street and continuing along the center line of Chambers street to the  center  line of  Centre  street,  thence  southerly  along  the center line of Centre street to the center line of the Brooklyn Bridge to the intersection  of the  Brooklyn  Bridge  and  the  United States pierhead line in the East river, thence northerly along the United States  pierhead  line  in  the East  river  and  the  center line of one hundred tenth street extended, thence westerly to the center line  of  one  hundred  tenth  street  and continuing  along  the  center  line  of one hundred tenth street to its westerly terminus, thence westerly to the  intersection  of  the  center line of one hundred tenth street extended and the United States pierhead line  in  the  Hudson  river,  thence  southerly along the United States pierhead line in the Hudson river to the point of beginning.   d. "Room Count." Two and one-half rooms for each  dwelling  unit  plus one  room  for  each  bedroom  plus  one  room  for each additional room separated by either walls or doors plus one-half  room  for  a  balcony, provided  that  kitchens, bathrooms or corridors shall not count as such additional rooms.   2. (a) (i) Within a city having a population of one million  or  more, 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  date  first  occurring  after  the  expiration  of  the exemption herein conferred during construction so long as  used  at  the completion  of  construction  for  dwelling purposes for a period not to  exceed ten  years  in  the  aggregate  after  the  taxable  status  date immediately following the completion thereof, as follows:  (A)  except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period  of  three years  immediately  following  commencement  of  construction, whichever expires sooner, and for two years following such period;  (B) followed by two years of exemption from eighty per  cent  of  such taxation;  (C)  followed  by  two  years of exemption from sixty per cent of such taxation;  (D) followed by two years of exemption from forty  per  cent  of  such taxation;  (E)  followed  by  two years of exemption from twenty per cent of such taxation;   The following table  shall  illustrate  the  computation  of  the  tax exemption:                 CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS                                                    Exemption During Construction (maximum three years)         100% Following completion of work Year:   1                                                100%  2                                                100  3                                                 80  4                                                 80  5                                                 60  6                                                 60  7                                                 40  8                                                 40  9                                                 20 10                                                 20  (ii)  (A) Within a city having a population of one million or more the local housing agency may adopt  rules  and  regulations  providing  that except  in  areas  excluded  by local law 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 date 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  fifteen years in the aggregate, as follows:   a.  except  as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period  of  three years  immediately  following  commencement  of  construction, whichever expires sooner, and for eleven years following such period;   b. followed by one year of  exemption  from  eighty  percent  of  such taxation;   c.  followed  by  one  year  of  exemption  from sixty percent of such taxation;   d. followed by one year  of  exemption  from  forty  percent  of  such taxation;    e.  followed  by  one  year  of  exemption from twenty percent of such taxation.  (B)  The benefits of this subparagraph shall not be available in areas made ineligible for the benefits of this section by a local law  enacted pursuant   to   paragraph  (i)  of  subdivision  two  of  this  section, notwithstanding any exceptions to ineligibility contained in such  local law for certain types of projects in such areas.  (C) 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 tax lots now existing or hereafter  created  south  of  or  adjacent  to either side of one hundred tenth street only if:   a.  the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or  local  agency  or instrumentality, or   b. the local housing agency has imposed a requirement or has certified that  twenty  percent  of the units be affordable to families of low and moderate income.   The following table shall illustrate the computation of the exemption:                 CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS                                                    Exemption During Construction (maximum three years)         100% Following completion of work Year:  1 through 11                                     100% 12                                                 80 13                                                 60 14                                                 40 15                                                 20  (iii) (A) Within a city having a population of one million or more the local housing agency may adopt rules and regulations providing that  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  date  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-five years in the aggregate, provided  that  the  area  in which  the  project  is  situated is a neighborhood preservation program area as determined by  the  local  housing  agency  as  of  June  first, nineteen  hundred eighty-five, or is a neighborhood preservation area as determined by the New York city planning commission as  of  June  first, nineteen  hundred  eighty-five,  or  is  an  area  that was eligible for mortgage insurance provided by  the  rehabilitation  mortgage  insurance corporation  as  of May first, nineteen hundred ninety-two or is an area receiving funding for a neighborhood preservation  project  pursuant  to the  neighborhood reinvestment corporation act (42 U.S.C. §§180 et seq.) as of June first, nineteen hundred eighty-five, as follows:   a. except as otherwise provided herein there shall be  full  exemption from  taxation  during the period of construction or the period of three years immediately  following  commencement  of  construction,  whichever expires sooner, and for twenty-one years following such period;    b.  followed  by  one  year  of  exemption from eighty percent of such taxation;   c.  followed  by  one  year  of  exemption  from sixty percent of such taxation;   d. followed by one year  of  exemption  from  forty  percent  of  such taxation;   e.  followed  by  one  year  of  exemption from twenty percent of such taxation.  (B) The benefits of this subparagraph shall not be available in  areas made  ineligible for the benefits of this section by a local law enacted pursuant  to  paragraph  (i)  of  subdivision  two  of   this   section, notwithstanding  any exceptions to ineligibility contained in such local law for certain types of projects.  (C) Notwithstanding  the  provisions  of  item  (A)  or  (D)  of  this subparagraph,  in the city of New York the benefits of this subparagraph shall not be available in the borough of  Manhattan  for  tax  lots  now existing or hereafter created south of or adjacent to either side of one hundred tenth street.  (D)  In addition to being available in the areas described in item (A) of this subparagraph, the  benefits  made  available  pursuant  to  this subparagraph shall be available where:   a.  the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or  local  agency  or instrumentality, or   b. the local housing agency has imposed a requirement or has certified that  twenty  percent  of the units be affordable to families of low and moderate income.   The following table shall illustrate the computation of the exemption:                 CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS                                                    Exemption During Construction (maximum three years)         100% Following completion of work Year:  1 through 21                                     100% 22                                                 80 23                                                 60 24                                                 40 25                                                 20  (E) A new multiple dwelling that is situated  in  (1)  a  neighborhood preservation  program  area  as  determined by the department of housing preservation  and  development  as  of  June  first,  nineteen   hundred eighty-five,  (2)  a neighborhood preservation area as determined by the New York city planning commission as of  June  first,  nineteen  hundred eighty-five,  (3)  an  area  that  was  eligible  for mortgage insurance provided by the rehabilitation mortgage insurance corporation as of  May first, nineteen hundred ninety-two, or (4) an area receiving funding for a   neighborhood  preservation  project  pursuant  to  the  neighborhood reinvestment corporation act (42 U.S.C. §§ 8101  et  seq.)  as  of  June first,  nineteen  hundred  eighty-five,  shall  not  be eligible for the 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:   a.  the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or  local  agency  or instrumentality, or   b. the local housing agency has imposed a requirement or has certified that  twenty  percent of the units are affordable to families of low and moderate income.  (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 from taxation during the period of construction or the period  of  three years  immediately  following  commencement  of  construction, whichever expires sooner, and for twelve years following such period;   b. followed by two years of exemption  from  eighty  percent  of  such taxation;   c.  followed  by  two  years  of  exemption from sixty percent of such taxation;   d. followed by two years of  exemption  from  forty  percent  of  such taxation;   e.  followed  by  two  years  of exemption from twenty percent of such taxation.   The following table shall illustrate the computation of the exemption:                 CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS  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 paragraph.  (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 items:  (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 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 include:  (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 follows:   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, and  (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, notwithstanding any exceptions to ineligibility contained in such  local 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 plans.  (h)  The  eligibility  criteria  for  benefits   contained   in   this subdivision  shall be in addition to those contained in any other law or regulation.   9. (a) As used in this subdivision, the following terms shall have the following meanings:  (i)  "Residential tax lot" shall mean a tax lot that contains dwelling units.  (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 are  required  to  be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section, continue to be affordable as required by the provisions of this section or such local law, and that units made subject  to  rent stabilization  remain  subject  thereto as required by the provisions of this section. Such procedures shall include but shall not be limited  to the following:  (i)  all  rent  stabilization registrations required to be filed on or after January first, two thousand  eight  shall  contain  a  designation which  identifies  all  units that are subject to the provisions of this section as "Affordable New York Housing Program units" and  specifically identifies  affordable  units created pursuant to this section and units  which are required to be  occupied  by  persons  or  families  who  meet specified  income  limits  pursuant  to  the  provisions  of a local law enacted pursuant to this section as "Affordable New York Housing Program affordable  units"  and shall contain an explanation of the requirements that apply to all such units. The owner of a unit that is subject to the provisions of this section shall, in  addition  to  complying  with  the requirements  of  section  26-517  of the rent stabilization law, file a copy of the rent registration for each such unit with the local  housing agency;  (ii)  the  local  housing  agency  with cooperation of the division of housing and community renewal shall monitor and enforce compliance  with the filing requirements of this section;  (iii)  the  local  housing  agency  shall  create a report which, at a minimum, contains the following information  for  every  building  which receives  benefits  pursuant  to this section: address, commencement and termination date of the benefits, total  number  of  residential  units, number  of  "Affordable  New  York  Housing Program units" and number of "Affordable New York Housing Program affordable units", apartment number or other designation of such units and the rent for each of such  units. The local housing agency with the cooperation of the division of housing and  community  renewal  shall  maintain, and update such report no less than annually, with information secured from annual registrations.  Such reports  shall be available for public inspection in a form that assigns a unique designation to each unit other than its actual apartment number to maintain the privacy of such information; and  (iv) the local  housing  agency  shall  monitor  any  change  in  such information, shall investigate any such changes which indicate a failure to   comply  with  the  provisions  of  this  section,  and  shall  take appropriate action based on its findings.  (b) Failure to comply  with  the  provisions  of  this  section  which require  the  creation  and  maintenance of affordable units pursuant to this section, or units which are required to be occupied by  persons  or families  who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section, at  any  time  during  the duration  of  the building's tax exemption shall result in revocation of any benefits under this section for the period of  such  non-compliance. If  an  on-going  pattern  of  non-compliance  is  found  to exist, such benefits may  be  revoked  from  their  inception.  Notwithstanding  the revocation of benefits for a building pursuant to the provisions of this subdivision, all units in such building shall continue to remain subject to  the provisions of the rent stabilization law for the entire intended period as if the benefits had not been revoked.  (c) The provisions of this subdivision relating to enforcement of  the provisions  of this section shall be in addition to any other provisions contained in this section or any other law.  (d) The revocation of benefits for  noncompliance  with  this  section shall   not   exempt   any  unit  from  continued  compliance  with  the requirements of this section.   11. Additional geographic exclusion areas:  (a) 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 follows:  (i) In the County of Kings, Beginning at a point where Warwick  Street meets  Belmont  Avenue,  thence  westerly  along  said  avenue to Jerome Street, thence southerly along said  street  to  Sutter  Avenue,  thence westerly  on  said  avenue to Barbey Street, thence northerly along said street to Belmont Avenue, thence westerly on said avenue to  New  Jersey Avenue,  thence  southerly  on  said  avenue  to  Sutter  Avenue, thence  westerly on said avenue to Pennsylvania Avenue, thence northerly on said avenue to Belmont Avenue, thence westerly on said  avenue  to  Sheffield Avenue,  thence  southerly  on  said  avenue  to  Sutter  Avenue, thence westerly  on  said  avenue  to Snediker Avenue, thence northerly on said avenue to William's Place, thence northerly  on  said  place  to  Fulton Street,  thence  easterly  on  said  street  to  Jamaica  Avenue, thence easterly on said avenue to Van Siclen Avenue, thence southerly  on  said avenue  to  Arlington  Avenue, thence easterly on said avenue to Warwick Street, thence southerly on  said  street  to  Atlantic  Avenue,  thence westerly  on  said  avenue  to  Jerome  Street, thence southerly on said street to Liberty Avenue, thence easterly  on  said  avenue  to  Warwick Street,  thence  southerly  along  said  street to its intersection with Belmont Avenue, the point of beginning.  (ii) In the County of Kings,  Beginning  at  a  point  where  Bushwick Avenue meets with Stewart Street, thence southwesterly on said street to Broadway,  thence  southeasterly  on  Broadway  to Conway Street, thence southwesterly on said street to Truxton Street, thence westerly on  said street  to  Sackman  Street, thence southerly on said street to Atlantic Avenue,  thence  westerly  on  said  avenue  to  Howard  Avenue,  thence northerly  on  said  avenue to MacDougal Street, thence westerly on said street to Fulton Street, thence  westerly  on  said  street  to  Patchen Avenue,  thence  northerly  on  said  avenue  to  Hancock Street, thence easterly on said street to Saratoga Avenue,  thence  northerly  on  said avenue  to  a  point midway between Hancock Street and Jefferson Avenue, thence easterly along the line extended to the northern intersection  of Broadway  and  Hancock  Street, thence northerly along Hancock Street to Bushwick Avenue, thence easterly along said avenue to  its  intersection with Stewart Street, the point of beginning.  (iii)  In  the  County  of  Kings, Beginning at a point where Prospect Place meets Ralph Avenue, thence southerly along said avenue  to  Sutter Avenue,  thence  westerly  along said avenue to east 98th Street, thence southeasterly along said street to Rutland  Road,  thence  southwesterly along  said  road  to  East 92nd Street, thence northwesterly along said street to East New York Avenue, thence southerly along  said  avenue  to Lefferts  Avenue,  thence  westerly  along  said avenue to Utica Avenue, thence northerly along said avenue to Lincoln Place, thence easterly  on said  place  to Rochester Avenue, thence northerly on said avenue to St. Mark's Avenue thence easterly on St. Mark's Avenue  to  Buffalo  Avenue, thence southerly on said avenue to Prospect Place, thence westerly along said  place  towards  intersection  with  Ralph  Avenue,  the  point  of beginning.  (iv) In the County of Kings,  Beginning  at  a  point  where  Nostrand Avenue  meets  Dean  Street, thence westerly along said street to Rogers Avenue, thence southerly along said  avenue  to  Bergen  Street,  thence westerly  along  said  street  to Bedford Avenue, thence southerly along said avenue to St. Mark's Avenue, thence easterly along said  avenue  to Rogers  Avenue,  thence  southerly  along  said  avenue to Crown Street, thence easterly along said street to Nostrand Avenue,  thence  southerly along  said avenue to Sterling Street, thence westerly along said street to Bedford Avenue,  thence  southerly  along  said  avenue  to  Lefferts Avenue,  thence  westerly along said avenue to Washington Avenue, thence southerly along said avenue to Flatbush Avenue, thence along said avenue to Parkside Avenue, thence westerly along said avenue to  Ocean  Avenue, thence northerly along said avenue to Flatbush Avenue, thence along said avenue  to  Plaza  Street  East,  thence along said street to St. John's Place, thence easterly along said  place  to  Underhill  Avenue,  thence northerly  along  said  avenue  to Prospect Place, thence westerly along said place to Carlton Avenue, thence  southerly  along  said  avenue  to  Flatbush  Avenue,  thence  northerly  along  said  avenue to Park Place, thence westerly along said place to 6th Avenue, thence  northerly  along said  avenue  to Bergen Street, thence westerly along said street to 5th Avenue,  thence  southerly  along  said  avenue to Warren Street, thence westerly along said street to 4th Avenue, thence  northerly  along  said avenue  to  Bergen  Street,  thence  westerly  along  said street to 3rd Avenue, thence northerly  along  said  avenue  to  Dean  Street,  thence easterly  along  said  street to 4th Avenue, thence northerly along said avenue to Atlantic Avenue, thence easterly along said avenue to Flatbush Avenue, thence northerly along said  avenue  to  Fulton  Street,  thence westerly along said street to Hanover Place, thence southerly along said place  to  Livingston  Street, thence westerly along said street to Bond Street, thence northerly along said  street  to  Fulton  Street,  thence westerly along said street to Bridge Street, thence northerly along said street  to  Willoughby  Street,  thence  westerly  along  said street to Lawrence Street, thence southerly along said street  to  Fulton  Street, thence  westerly along said street to Jay Street, thence northerly along said street to Prospect Street, thence easterly  along  said  street  to Bridge Street, thence northerly along said street to York Street, thence easterly  along  said street to Navy Street, thence southerly along said street to Ashland Place, thence  along  said  place  to  Dekalb  Avenue, thence  easterly  along  said avenue to Adelphi Street, thence southerly along said street to Lafayette Avenue, thence easterly along said avenue to Clermont Avenue, thence northerly along said avenue to Dekalb Avenue, thence easterly along said avenue to Clinton  Avenue,  thence  northerly along  said  avenue  to  Willoughby  Avenue,  thence easterly along said avenue to Hall Street, thence northerly  along  said  street  to  Myrtle Avenue,  thence  easterly  along  said  avenue  to Emerson Place, thence southerly along said place to southern border of Pratt Institute parking lot, thence westerly along said border to a line extended southerly from Grand Avenue, thence southerly  along  said  avenue  to  Dekalb  Avenue, thence  easterly  along  said avenue to Classon Avenue, thence northerly along said avenue to  Willoughby  Avenue,  thence  easterly  along  said avenue  to  Taaffe  Place,  thence  southerly along said place to Dekalb Avenue, thence  easterly  along  said  avenue  to  Kent  Avenue,  thence northerly  along said avenue to Willoughby Avenue, thence easterly along said avenue to Franklin Avenue, thence southerly along  said  avenue  to Lafayette  Avenue, thence easterly along said avenue to Nostrand Avenue, thence southerly along said avenue to its intersection with Dean Street, the point of beginning.  (v) In the County of Kings, Beginning at a  point  where  Ruby  Street (Kings/Queens  county  line)  meets Pitkin Avenue, thence westerly along said avenue to North Conduit Boulevard, thence northwesterly along  said boulevard  to  Autumn  Avenue,  thence  northerly  along  said avenue to Glenmore Avenue, thence westerly along  said  avenue  to  South  Conduit Boulevard,  thence  easterly  along  said  boulevard  to Hemlock Street, thence southerly along said street to  Pitkin  Avenue,  thence  westerly along  said avenue to Crystal Street, thence southerly along said street to Belmont Avenue, thence westerly along said avenue to Milford  Street, thence  southerly  along  said  street to Sutter Avenue, thence westerly along said avenue to Montauk Avenue, thence northerly along said  avenue to Belmont Avenue, thence westerly along said avenue to Shepherd Avenue, thence  northerly  along  said  avenue to Pitkin Avenue, thence westerly along said avenue to Essex Street, thence southerly along said street to Belmont Avenue, thence westerly along said  avenue  to  Warwick  Street, thence  northerly  along  said street to Liberty Avenue, thence westerly along said avenue to Jerome Street, thence northerly along  said  street to Atlantic Avenue, thence easterly along said avenue to Warwick Street,  thence  northerly along said street to Arlington Avenue, thence westerly along said avenue to Van Siclen  Avenue,  thence  northerly  along  said avenue to Jamaica Avenue, thence westerly along said avenue to Broadway, thence  westerly  along Broadway to Fulton Street, thence westerly along said street to Sackman Street, thence northerly  along  said  street  to Truxton  Street,  thence  easterly  along  said street to Conway Street, thence northerly along said street to Broadway,  thence  westerly  along Broadway  to  Stewart  Street,  thence  northerly  along  said street to Bushwick Avenue, thence westerly along said avenue to Kosciusko  Street, thence westerly along said street to Stuyvesant Avenue, thence northerly along said avenue to Dekalb Avenue, thence westerly along said avenue to Marcy  Avenue, thence northerly along said avenue to Park Avenue, thence easterly along said avenue to Broadway, thence southerly along  Broadway to  Lewis Avenue, thence southerly along said avenue to Stockton Street, thence easterly along said street to Broadway,  thence  southerly  along Broadway  to  Melrose  Street,  thence  northerly  along  said street to Stanwix Street, thence southerly along said street to Jefferson  Street, thence  westerly  along said street to Bushwick Avenue, thence southerly along said avenue to Dekalb Avenue, thence northerly along  said  avenue to  Evergreen  Avenue,  thence  easterly  along said avenue to Stockholm Street, thence northerly along said street  to  Central  Avenue,  thence easterly  along  said  avenue to Woodbine Street, thence northerly along said street to Ridgewood Place, thence  westerly  along  said  place  to Palmetto  Street,  thence  northerly along said street to Wyckoff Avenue (Kings/Queens county line), thence following Kings/Queens county line to Ruby Street (Kings/Queens county  line),  thence  southerly  along  said street to its intersection with Pitkin Avenue, the point of beginning.  (vi)  In  the  County of Kings, Beginning at a point where St. Nichols Avenue (Kings/Queens  county  line)  meets  Gates  Avenue  (Kings/Queens county  line),  thence  southerly  along  said  avenue  to Wykoff Avenue (Kings/Queens  county  line),  thence  easterly  along  said  avenue  to Palmetto  Street, thence southerly along said street to Ridgewood Place, thence easterly along said place to Woodbine  Street,  thence  southerly along  said  street to Central Avenue, thence westerly along said avenue to Stockholm Street, thence southerly along  said  street  to  Evergreen Avenue,  thence  westerly  along  said  avenue  to Dekalb Avenue, thence southerly along said avenue to Bushwick Avenue,  thence  westerly  along said  avenue  to  Jefferson Street, thence easterly along said street to Stanwix Street, thence northerly along said street  to  Melrose  Street, thence  westerly along said street to Broadway, thence along Broadway to Stockton Street, thence  along  said  street  to  Lewis  Avenue,  thence northerly  along said avenue to Broadway, thence westerly along Broadway to Park Avenue,  thence  along  said  avenue  to  Marcy  Avenue,  thence northerly  along  said  avenue  to Hopkins Street, thence easterly along said street to Tompkins Avenue, thence northerly along  said  avenue  to Harrison  Avenue, thence westerly along said Avenue to Middleton Street, thence easterly along said street to  Broadway,  thence  westerly  along Broadway  to Boerum Street, thence easterly along said street to Lorimer Street, thence northerly along said street to  Montrose  Avenue,  thence westerly along said avenue to Broadway, thence along said road to I-278, thence  northerly  along  said  interstate  to  South 5th Street, thence westerly along said street to Bedford  Avenue,  thence  southerly  along said  avenue  to  South 6th Street, thence westerly along said street to Berry Street, thence northerly along said street to  North  1st  Street, thence  easterly  along  said  street to Driggs Avenue, thence northerly along said avenue to Fillmore Place, thence easterly along said place to Roebling Street, thence northerly along  said  street  to  Hope  Street, thence  easterly along said street to Havemeyer Street, thence northerly  along said street to Metropolitan Avenue,  thence  easterly  along  said avenue  to Havemeyer Street, thence northerly along said street to North 6th Street, thence easterly along said street to Meeker  Avenue,  thence westerly along said avenue to Metropolitan Avenue, thence easterly along said  avenue  to  Rodney  Street,  thence southerly along said street to Ainslie Street, thence easterly  along  said  street  to  Union  Avenue, thence  northerly along said avenue to Conselyea Street, thence easterly along said street to  Manhattan  Avenue,  thence  southerly  along  said street  to  Metropolitan  Avenue,  thence  easterly along said avenue to Maspeth Avenue, thence northerly along said avenue  to  Woodpoint  Road, thence  along  said road to Conselyea Street, thence westerly along said street to Humbolt Street, thence northerly along said street to Skillman Avenue, then easterly  along  said  avenue  to  Woodpoint  Road,  thence northerly  along said road to Jackson Street, thence easterly along said street to Kingsland  Avenue,  thence  northerly  along  said  avenue  to Withers  Street,  thence  westerly  along said street to Woodpoint Road, thence northerly along said road to Kingsland Avenue, thence along  said avenue  to Division Place, thence easterly along said place to Debevoise Avenue, thence northerly along said  avenue  to  Beadel  Street,  thence westerly  along  said street to Kingsland Avenue, thence northerly along said avenue to I-278, thence easterly along said  interstate  to  Sutton Street,  thence  northerly  along  said  street to Driggs Avenue, thence easterly along said avenue to Meeker Avenue, thence along said avenue to Hausman Street, thence northerly along said  street  to  Nassau  Avenue, thence  easterly  along  said  avenue to Vandam Street, thence southerly along said street to Meeker Avenue, thence easterly along said avenue to Kings/Queens county line, thence southeasterly along said line to  where St. Nichols Avenue meets Gates Avenue, the point of beginning.  (vii)  In  the  County  of  Kings,  Beginning at a point where Bedford Avenue meets Bergen Street, thence easterly along  said  street  to  New York  Avenue,  thence  northerly  along  said  avenue to Pacific Street, thence easterly along said street to Brooklyn Avenue,  thence  southerly along  said  avenue to Dean Street, thence easterly along said street to Kingston Avenue, thence southerly along said avenue to  Sterling  Place, thence  easterly  along  said  place  to Hampton Place, thence southerly along said place to St. John's Place, thence westerly along  said  place to Kingston Avenue, thence southerly along said avenue to Lincoln Place, thence  easterly  along  said  place  to Albany Avenue, thence southerly along said avenue to Eastern Parkway, thence easterly along said parkway to Schenectady Avenue, thence  southerly  along  said  avenue  to  Union Street,  thence  easterly  along  said  street  to  Utica Avenue, thence southerly along said avenue to Empire Boulevard, thence  westerly  along said boulevard to Nostrand Avenue, thence northerly along said avenue to Crown Street, thence westerly along said street to Rogers Avenue, thence northerly  along said avenue to St. Mark's Avenue, thence westerly along said avenue to Bedford Avenue, thence northerly  along  said  avenue  to Bergen Street, the point of beginning.  (viii)  In  the  County  of Kings, Beginning at a point where Prospect Place meets Underhill Avenue, thence southerly along said avenue to  St. John's  Place,  thence  westerly  along said place to Plaza Street East, thence southerly along said street to Plaza Street West, thence westerly along said street to Parade Place, thence along said place  to  Prospect Park  West,  thence southerly along said Part West to 4th Street, thence westerly along said street to 8th Avenue, thence  northerly  along  said avenue  to  2nd Street, thence westerly along said street to 7th Avenue, thence southerly along said avenue to 4th Street, thence westerly  along said  street  to  6th  Avenue, thence southerly along said avenue to 5th Street,  thence  westerly  along  said  street  to  5th  Avenue,  thence  southerly  along  said  avenue to 8th Street, thence easterly along said street to 6th Avenue, thence southerly along said avenue to 9th  Street, thence  westerly along said street to 5th Avenue, thence southerly along said  avenue  to  11th  Street, thence easterly along said street to 6th Avenue, thence southerly  along  said  avenue  to  14th  Street,  thence easterly  along  said  street to 7th Avenue, thence southerly along said avenue to 17th Street, thence  westerly  along  said  street  to  Calder Place,  thence  northerly  along  said  place to Prospect Avenue, thence westerly along said avenue to Webster Place, thence northerly along said place to 16th Street, thence westerly along said street to  6th  Avenue, thence  southerly  along  said  avenue  to  Prospect  Expressway, thence westerly along said expressway to 5th  Avenue,  thence  southerly  along said  avenue  to  17th  Street, thence westerly along said street to 4th Avenue, thence northerly  along  said  avenue  to  16th  Street,  thence westerly  along said street to Hamilton Avenue, thence along said avenue to 15th Street, thence easterly along said street to 2nd Avenue,  thence northerly  along  said avenue to 14th Street, thence westerly along said street to Hamilton Place, thence northerly  along  said  place  to  12th Street,  thence  westerly along said street to a line extended from 12th Street to the banks of the Gowanus Canal, thence  southerly  along  said canal  to  Hamilton  Avenue, thence northerly along said avenue to Smith Street, thence along said street to West  9th  Street,  thence  westerly along  said  street  to I-278, thence northerly along said interstate to Huntington Street, thence westerly along said street to Hamilton Avenue, thence northerly along said avenue to  Luquer  Street,  thence  westerly along said street to Columbia Street, thence southerly along said street to  Commerce  Street,  thence  westerly  along  said  street to Richards Street, thence northerly along said street to  Hamilton  Avenue,  thence westerly  along said avenue to Bowne Street, thence along said street to Van Brunt Street, thence southerly along said street to  Verona  Street, thence  northerly  along  said  street to Imlay Street, thence southerly along said street to Pioneer Street, thence westerly along  said  street to  the  East River (Kings/New York county line), thence northerly along said county line to the western border of  the  U.S.  Navy  Yard  Basin, thence  southerly  along  said  border  to  a  line  extended  from  the eastern-most end  of  York  Street,  thence  westerly  along  said  line extended  to  York  Street,  thence westerly along said street to Bridge Street, thence southerly along said street to  Prospect  Street,  thence westerly  along  said  street to Jay Street, thence southerly along said street to Fulton Street, thence easterly along said street  to  Lawrence Street,  thence northerly along said street to Willoughby Street, thence easterly along said street to Bridge Street, thence southerly along said street to Fulton Street, thence  easterly  along  said  street  to  Bond Street,  thence southerly along said street to Livingston Street, thence easterly along said street to Hanover Place, thence northerly along said place to Fulton Street, thence easterly along said  street  to  Flatbush Avenue,  thence  southerly  along said avenue to Atlantic Avenue, thence westerly along said avenue to 4th Avenue, thence  southerly  along  said avenue  to Dean Street, thence westerly along said street to 3rd Avenue, thence southerly along said avenue to  Bergen  Street,  thence  easterly along  said  street to 4th Avenue, thence southerly along said avenue to Warren Street, thence easterly along said street to 5th  Avenue,  thence northerly along said avenue to Bergen Street, thence easterly along said street  to 6th Avenue, thence southerly along said avenue to Park Place, thence easterly along said place to Flatbush  Avenue,  thence  southerly along  said avenue to Carlton Avenue, thence northerly along said avenue to Prospect Place, thence easterly along said place to its  intersection with Underhill Avenue, the point of beginning.  (ix)  In  the  County of Kings, Beginning at a point where 65th Street meets 2nd Avenue, thence southerly along said avenue to Long Island Rail Road (Bay Ridge Station), thence westerly along  said  railroad  to  Bay Ridge  Channel,  thence  along  said  channel to the Upper New York Bay, thence  along  said  bay  to  Kings/Hudson/New Jersey county/state line, thence along said county/state  line  to  Kings/New  York  county  line, thence  easterly  along  said  county  line  to  Pioneer  Street, thence southerly along said street to Imlay Street, thence northerly along said street to Verona Street, thence southerly along said street to Van Brunt Street, thence northerly along  said  street  to  Bowne  Street,  thence easterly  along said street to Hamilton Avenue, thence along said avenue to Richards Street, thence  southerly  along  said  street  to  Commerce Street,  thence  easterly  along  said street to Columbia Street, thence northerly along said street to Luquer Street, thence easterly along said street to  Hamilton  Avenue,  thence  southerly  along  said  avenue  to Huntington  Street,  thence  easterly along said street to I-278, thence southerly along said interstate to West 9th Street,  thence  along  said street  to  Smith Street, thence southerly along said street to Hamilton Avenue, thence along said avenue  to  Gowanus  Canal,  thence  northerly along  said  canal  to a line extended westerly from 12th Street, thence easterly along said line extended to  12th  Street,  thence  along  said street  to  Hamilton  Place,  thence  southerly along said place to 14th Street,  thence  easterly  along  said  street  to  2nd  Avenue,  thence southerly  along  said avenue to 15th Street, thence westerly along said street to Hamilton Avenue, thence southerly along  said  avenue  to  3rd Avenue,  thence  southerly  along  said  avenue  to  65th Street, thence northerly along said street to its intersection  with  2nd  Avenue,  the point of beginning.  (b)  Any  tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of Manhattan  bounded and described as follows:  (i)  In  the  county  of New York, Beginning at a point where extended West 202nd Street intersects the  New  York/Bronx  county  line,  thence westerly  along  said  extension to West 202nd Street, thence along said street to 9th Avenue, thence southerly along said avenue to  west  201st Street,  thence  westerly  along  said  street to Academy Street, thence northerly along said street to 10th Avenue, thence southerly along  said avenue  to  Dyckman  Street, thence northerly along said street to Nagle Avenue, thence westerly along said avenue to Fort  George  Hill,  thence southerly  along  said  hill  to  the southwestern border of High Bridge Park, thence easterly along said border to Fort  George  Avenue,  thence southerly  along said avenue to Audubon Avenue, thence along said avenue to West 190th Street, thence easterly along  said  street  to  Amsterdam Avenue,  thence southerly along said avenue to West 186th Street, thence westerly along said street to Audubon  Avenue,  thence  southerly  along said  avenue  to West 184th Street, thence easterly along said street to Amsterdam Avenue, thence southerly  along  said  avenue  to  West  183rd Street,  thence  westerly  along  said  street to Audubon Avenue, thence southerly along said avenue to West 182nd Street, thence easterly  along said  street  to Amsterdam Avenue, thence southerly along said avenue to West 166th Street, thence westerly along said  street  to  St.  Nicholas Avenue,  thence southerly along said avenue to West 162nd Street, thence westerly along said street to Broadway, thence northerly along  Broadway to  west  165th  Street,  thence  westerly  along  said  street  to Fort Washington Avenue, thence northerly along  said  avenue  to  West  168th Street,  thence easterly along said street to Broadway, thence northerly along Broadway to West 172nd Street, thence westerly along  said  street to  Fort  Washington  Avenue, thence northerly along said avenue to West  173rd Street, thence easterly along  said  street  to  Broadway,  thence northerly  along  Broadway  to  West 174th Street, thence easterly along said street to Wadsworth Avenue, thence northerly along said  avenue  to West  175th Street, thence westerly along said street to Fort Washington Avenue, thence northerly along said avenue to West 177th Street,  thence easterly  along said street to Broadway, thence northerly along Broadway to Cumming Street, thence along said street  to  Seaman  Avenue,  thence easterly  along  said  avenue  to Academy Street, thence southerly along said street to Cooper Street, thence easterly along said street to  West 204th  Street,  thence  southerly  along said street to Broadway, thence easterly along Broadway to West 207th  Street,  thence  southerly  along said  street  to  Vermilyea Avenue, thence easterly along said avenue to Isham Street, thence northerly along said  street  to  Broadway,  thence easterly  along  Broadway  to  West 215th Street, thence northerly along said street to Seaman Avenue, thence westerly along said avenue to  West 207th  Street,  thence  northerly  along said street to where it meets a line extended from  Payson  Avenue,  thence  westerly  along  said  line extended  to  Payson Avenue, thence along said avenue to Dyckman Street, thence northerly along said street to  Staff  Street,  thence  southerly along  said  street to Riverside Drive, thence westerly along said drive to the  exit  ramp  of  the  Henry  Hudson  Parkway  Northbound,  thence southerly along said ramp to the Henry Hudson Parkway Northbound, thence northerly  along said parkway to the on-ramp of the Henry Hudson Parkway Southbound, thence southerly along said ramp to the Henry Hudson Parkway Southbound, thence northerly along  said  parkway  to  Exit  17,  thence southwesterly  on  a  line  extended  from said exit to a point where it meets a line extended from Dyckman Street, thence  westerly  along  said line  extended  to  the New York state line, thence northerly along said state line to the New York/Bronx county line, thence easterly along said county line, thence southerly along said line to its  intersection  with extended West 202nd Street, the point of beginning.  (ii)  In the county of New York, Beginning at a point where West 215th Street meets Broadway, thence westerly along Broadway to  Isham  Street, thence  southeasterly  along  said  street  to  Vermilyea Avenue, thence westerly along said avenue to West 207th Street, thence northerly  along said  street  to  Broadway, thence westerly along Broadway to West 204th Street, thence northerly along said  street  to  Cooper  Street,  thence westerly  along  said  street  to Academy Street, thence northerly along said street to Seaman Avenue,  thence  westerly  along  said  avenue  to Cumming  Street,  thence southerly along said street to Broadway, thence southerly along Broadway to West 177th  Street,  thence  westerly  along said  street  to  Fort  Washington  Avenue,  thence southerly along said avenue to West 175th  Street,  thence  easterly  along  said  street  to Wadsworth  Avenue,  thence  southerly  along  said  avenue to West 174th Street, thence westerly along said street to Broadway, thence  southerly along  Broadway  to West 173rd Street, thence westerly along said street to Fort Washington Avenue, thence southerly along said  avenue  to  West 172nd  Street,  thence  easterly  along  said street to Broadway, thence southerly along Broadway to West 168th  Street,  thence  westerly  along said  street  to  Fort  Washington  Avenue,  thence southerly along said avenue to West 165th  Street,  thence  easterly  along  said  street  to Broadway,  thence  southerly along Broadway to West 162nd Street, thence easterly along said street to  St.  Nicholas  Avenue,  thence  northerly along  said  avenue  to  West  166th  Street, thence easterly along said street to Amsterdam Avenue, thence northerly along said avenue  to  West 182nd  Street,  thence  westerly  along  said  street to Audubon Avenue, thence northerly along said avenue to West 183rd Street, thence easterly along said street to  Amsterdam  Avenue,  thence  northerly  along  said  avenue  to  West  184th  Street,  thence  westerly  along said street to Audubon Avenue, thence northerly along said avenue to West 186th Street, thence easterly along said street to Amsterdam Avenue, thence  northerly along  said  avenue  to  West  190th  Street, thence westerly along said street to Audubon Avenue, thence northerly along  said  avenue  to  Fort George  Avenue,  thence  along said avenue to the southwestern border of High Bridge Park, thence westerly along said border to Fort George Hill, thence northerly along said hill to Nagle Avenue, thence easterly  along said  avenue  to  Dyckman  Street, thence southerly along said street to 10th Avenue, thence northerly  along  said  avenue  to  Academy  Street, thence southerly along said street to West 201st Street, thence easterly along  said  street to 9th Avenue, thence northerly along said avenue to West 202nd Street, thence easterly along said street to a line extending to the New York/Bronx county line, thence southerly  along  said  county line  to  the  point  where  the  145th Street Bridge intersects the New York/Bronx county line, thence westerly along said bridge to West  145th Street,  thence along said street to Lenox Avenue (Malcolm X Boulevard), thence northerly along said avenue to West 146th Street, thence westerly along said street to 7th Avenue (Adam  Clayton  Powell  Jr.  Boulevard), thence southerly along said avenue to West 144th Street, thence westerly along  said  street to 8th Avenue (Frederick Douglass Boulevard), thence northerly along said avenue to West 145th Street, thence westerly  along said  street  to St. Nicholas Avenue, thence northerly along said avenue to West 149th Street, thence  westerly  along  said  street  to  Convent Avenue,  thence southerly along said avenue to West 148th Street, thence westerly along said street to Amsterdam Avenue, thence  northerly  along said  avenue  to West 151st Street, thence westerly along said street to Broadway, thence southerly along Broadway to West 145th  Street,  thence westerly  along  said  street  to Henry Hudson Parkway, thence southerly along said parkway to St. Clair Place, thence westerly along said  place to  extended  St.  Clair  Place,  thence along said extension to the New York/New Jersey state line, thence northerly along said  state  line  to its  intersection  with  extended  Dyckman Street, thence easterly along said  extension  to  the  shoreline  of   the   Hudson   River,   thence northeasterly  to Exit 17 of the Henry Hudson Parkway Southbound, thence southerly along said parkway to the onramp from Riverside Drive,  thence northerly along said ramp to the Henry Hudson Parkway Northbound, thence southerly along said parkway to the exit ramp to Riverside Drive, thence easterly  along said ramp to Riverside Drive, thence along said drive to Staff Street, thence northerly along  said  street  to  Dyckman  Street, thence  southerly  along  said  street to Payson Avenue, thence easterly along said avenue to a point where extended Payson  Avenue  meets  207th Street,  thence  southerly  along  said  street to Seaman Avenue, thence easterly along said avenue to West 215th Street, thence southerly  along said street to its intersection with Broadway, the point of beginning.  (iii)  In the county of New York, Beginning at a point where the 145th Street Bridge meets the New York/Bronx  county  line,  thence  southerly along  said  county line to the CSX Railroad, thence westerly along said railroad to Park Avenue, thence southerly  along  said  avenue  to  East 132nd  Street,  thence  westerly along said street to 5th Avenue, thence southerly along said avenue to West 124th Street, thence westerly  along said  street to Mount Morris Park West, thence southerly along said park to West 121st Street, thence westerly along said street to Lenox Avenue, thence southerly along said avenue to West 120th Street, thence easterly along said street to 5th Avenue, thence southerly along said  avenue  to East  118th  Street,  thence  easterly along said street to Park Avenue, thence southerly along said avenue to East 117th Street, thence westerly along said street to 5th Avenue, thence southerly along said  avenue  to  West  115th  Street,  thence westerly along said street to Lenox Avenue, thence northerly along said avenue to West 116th Street, thence westerly along said street to Morningside Avenue,  thence  northerly  along  said avenue  to  West  121st  Street,  thence  easterly  along said street to Manhattan Avenue, thence northerly  along  said  avenue  to  West  123rd Street,  thence westerly along said street to Morningside Avenue, thence northerly along said avenue to West 124th Street, thence easterly  along said street to Frederick Douglass Boulevard, thence northerly along said boulevard  to  West  125th  Street, thence westerly along said street to Morningside Avenue, thence northerly along said  avenue  to  West  126th Street,  thence  westerly  along said street to Amsterdam Avenue, thence along said avenue to West  129th  Street,  thence  westerly  along  said street  to  Broadway,  thence southerly along Broadway to Tiemann Place, thence westerly along said place to Riverside  Drive,  thence  northerly along  said  drive  to  Riverside Drive West, thence along said drive to West 125th Street, thence along said street  to  Henry  Hudson  Parkway, thence  along  said  parkway to West 145th Street, thence easterly along said street to Broadway, thence northerly along Broadway to  West  151st Street,  thence  easterly  along said street to Amsterdam Avenue, thence southerly along said avenue to West 148th Street, thence easterly  along said  street  to  Convent  Avenue, thence northerly along said avenue to West 149th Street, thence easterly along said  street  to  St.  Nicholas Avenue,  thence southerly along said avenue to West 145th Street, thence easterly along said  street  to  Frederick  Douglass  Boulevard,  thence southerly  along  said  boulevard  to West 144th Street, thence easterly along said street to Adam Clayton Powell Jr. Boulevard, thence northerly along said boulevard to West 146th Street, thence  easterly  along  said street  to  Lenox  Avenue  (Malcolm X Boulevard), thence southerly along said avenue to West 145th Street, thence easterly along said  street  to the  145th  Street  Bridge, thence along said bridge to its intersection with the New York/Bronx county line, the point of beginning.  (iv) In the county of New York, Beginning at a  point  where  the  New York/Queens  county  border  meets  the  East  River at East 96th Street Extended, thence westerly along a line connecting to East  96th  Street, excluding  Mill Rock Park, thence westerly along East 96th Street to 2nd Avenue, thence northerly along said avenue to East 97th  Street,  thence westerly  along  said  street to 3rd Avenue, thence southerly along said avenue to East 95th Street, thence westerly along said street to Madison Avenue, thence southerly along said avenue to East 92nd  Street,  thence westerly  along  said  street to 5th Avenue, thence northerly along said avenue to Central Park North, thence westerly along said  park  to  Adam Clayton  Powell  Jr. Boulevard, thence northerly along said boulevard to West 113th Street, thence westerly along  said  street  to  8th  Avenue, thence northerly along said avenue to West 116th Street, thence easterly along said street to Lenox Avenue, thence southerly along said avenue to West  115th  Street,  thence  easterly  along said street to 5th Avenue, thence northerly along said avenue to East 117th Street, thence easterly along said street to Park Avenue, thence northerly along said avenue  to East  118th  Street,  thence  westerly  along said street to 5th Avenue, thence northerly along said avenue to West 120th Street, thence westerly along said street to Lenox Avenue, thence northerly along said avenue to West 121st Street, thence easterly along said  street  to  Mount  Morris Park West, thence northerly along said park to West 124th Street, thence easterly  along  said  street to 5th Avenue, thence northerly along said avenue to East 132nd Street, thence easterly along said street  to  Park Avenue,  thence  westerly  along  said  avenue  to  CSX Railroad, thence easterly along said railroad over the Harlem River to the New York/Bronx county line,  thence  southerly  along  said  county  line  to  the  New  York/Queens county line, thence southerly along said county line to East 96th Street Extended, the point of beginning.  (c)  Any  tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of The Bronx  bounded and described as follows:  (i)  In  the  county of Bronx, Beginning at a point where Rodman Place meets West Farms Road, thence southerly along said road  to  East  172nd Street,  thence  westerly  along  said  street  to  Boone Avenue, thence southerly along said avenue to Jennings Street,  thence  westerly  along said  street  to  Vyse  Avenue,  thence  southerly  along said avenue to Freeman Street, thence westerly along said street to  Intervale  Avenue, thence  southerly  along  said  avenue  to Fox Street, thence along said street to Home Street, thence westerly along said street to  East  169th Street,  thence  westerly  along  said street to Prospect Avenue, thence southerly along said avenue to East 168th, thence  westerly  along  said street  to Washington Avenue, thence northerly along said avenue to East Tremont Avenue, thence easterly along said avenue  to  Crotona  Parkway, thence  along  said  parkway  to Cross Bronx Expressway, thence easterly along said expressway to Longfellow Avenue, thence northerly along  said avenue  to  Rodman  Place,  thence  easterly  along  said  place  to its intersection with West Farms Road, the point of beginning.  (ii) In the county of Bronx, Beginning at a point where Belmont Street meets Webster Avenue, thence southerly along Webster avenue to Claremont Parkway, thence easterly along said  parkway  to  Brook  Avenue,  thence southerly  along said avenue to East 171st Street, thence westerly along said street to Webster Avenue, thence southerly  along  said  avenue  to Park  Avenue,  thence  westerly  along said avenue to East 164th Street, thence westerly along said street to  Teller  Avenue,  thence  northerly along  said  avenue  to  East  165th  Street, thence westerly along said street to Grand Concourse, thence northerly  along  Grand  concourse  to Mount  Eden  Parkway, thence easterly along said parkway to Clay Avenue, thence southerly along said avenue to Belmont  Street,  thence  easterly along said street to Webster Avenue, the point of beginning.  (d)  Any  tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of Queens bounded and described as follows:  (i) In the county of Queens, Beginning at a point  where  54th  Street meets  Broadway,  thence  southeasterly  along  Broadway to 64th Street, thence southerly along said Street to 39th Avenue, thence westerly along said avenue to 54th Street, thence northerly along said  street  to  its intersection with Broadway, the point of beginning.  (ii)  In the County of Queens, Beginning at a point where 131st Street meets Fowler Avenue, thence easterly  along  Fowler  Avenue  to  College Point  Boulevard,  thence northerly on said Boulevard to Interstate 678, thence southerly along said Interstate to its intersection  with  Fowler Avenue, the point of beginning.  (iii)  In  the  County of Queens, Beginning at a point where 94 Street meets 52nd Avenue, thence westerly along said  avenue  to  92nd  Street, thence northerly along said street to 50th Avenue, thence westerly along said  avenue  to 91st Street, thence northerly along said street to 48th Avenue, thence  westerly  along  said  avenue  to  90th  Street,  thence northerly along said street to Corona Avenue, thence westerly along said avenue to 88th Street, thence northerly along said street to Long Island Rail  Road,  thence  westerly  along  said  railroad to Broadway, thence northerly along Broadway to Whitney Avenue, thence easterly  along  said avenue  to  Ketcham  Place, thence westerly along said place to Elmhurst Avenue, thence northerly along  said  avenue  to  Judge  Street,  thence westerly  along  said  street  to Britton Avenue, thence southerly along  said avenue to Broadway, thence westerly along Broadway to 41st  Avenue, thence westerly along said avenue to 75th Street, thence northerly along said  street to Broadway, thence westerly along Broadway to 74th Street, thence southerly along said street to 41st Avenue, thence westerly along said  avenue  to  73rd  Street,  thence  southerly  along said street to Woodside Avenue, thence westerly along  said  avenue  to  CSX  Railroad, thence  northerly  along  said  railroad to 41st Avenue, thence westerly along said Avenue to 69th Street, thence northerly along said street  to Roosevelt  Avenue,  thence  easterly  along said avenue to CSX Railroad, thence along said railroad to Broadway, thence easterly  along  Broadway to  69th  Street,  thence  northerly  along  said street to 70th Street, thence along said street to 69th Street, thence  along  said  street  to 35th  Avenue,  thence  easterly along said avenue to 73rd Street, thence southerly along said street to 37th Road,  thence  easterly  along  said road  to 75th Street, thence northerly along said street to 37th Avenue, thence westerly along said avenue to 74th Street, thence northerly along said street to 35th Avenue, thence easterly along said  avenue  to  81st Street,  thence  northerly  along  said  street  to  34th Avenue, thence easterly along said avenue to 82nd Street, thence southerly  along  said street to 35th Avenue, thence easterly along said avenue to 84th Street, thence southerly along said street to 37th Avenue, thence easterly along said  avenue  to  85th  Street,  thence  southerly  along said street to Roosevelt Avenue, thence easterly along  said  avenue  to  88th  Street, thence northerly along said street to 37th Avenue, thence easterly along said  avenue  to  90th  Street,  thence  southerly  along said street to Roosevelt Avenue, thence easterly along said avenue to Elmhurst  Avenue, thence  northerly  along  said  avenue  to 93rd Street, thence southerly along said street to Roosevelt Avenue, thence easterly along said avenue to 94th Street, thence southerly  along  said  street  to  43rd  Avenue, thence easterly along said avenue to 94th Street, thence southerly along said  street  to  Alstyne  Avenue,  thence westerly along said avenue to Corona Avenue, thence easterly along said avenue to 94th Street,  thence southerly on said street to its intersection with 52nd Avenue, the point of beginning.  (iv)  In  the county of Queens, Beginning at a point where 26th Avenue meets 14th Street, thence southerly along said street  to  34th  Avenue, thence westerly along said avenue to 12th Street, thence southerly along said  street  to  40th Avenue, thence westerly along said avenue to 10th Street, thence southerly along 10th Street to 41st Road,  to  the  point where  a line extended from 11th Street meets Queens Plaza South, thence southerly along 11th Street to 43rd Avenue, thence easterly  along  said avenue  to  Jackson  Avenue, thence westerly along said avenue to Purves Street, thence southerly along said street to  Thompson  Avenue,  thence easterly  along  said  avenue  to Skillman Avenue, thence westerly along said avenue to 49th Avenue, thence westerly along said  avenue  to  11th Street,  thence  southerly  along said street to the Queens/Kings county border, thence westerly along said border to the New York/ Queens county border, thence northerly to 26th  Avenue,  thence  easterly  along  said avenue to the point of beginning.  (e)  Any  tax lots now existing or hereafter created which are located entirely within the geographic area in  the  borough  of  Staten  Island bounded and described as follows:   In  the  County of Richmond, Beginning at a point where Clifton Avenue intersects Edgewater Street,  thence  northerly  along  said  street  to Lynhurst  Avenue,  thence  westerly  along said avenue to Langere Place, thence northerly along said place  to  Willow  Avenue,  thence  westerly along  said  avenue  to  Staten  Island  Rapid  Transit Railroad, thence northerly along said railroad to Staten Island  Rapid  Transit  Railroad  east/west,  thence  westerly  along  said  railroad  to Chestnut Avenue, thence northerly along said avenue to  Mosel  Avenue,  thence  southerly along  said  avenue to Manton Place, thence westerly along said place to Hanover  Avenue,  thence  northerly  along  said  avenue to Palma Drive, thence westerly along said drive  to  Targee  Street,  thence  northerly along  said street to Metcalfe Street, thence westerly along said street to Van Duzer Street, thence southerly  along  said  street  to  Hillside Avenue,  thence  westerly  along  said  avenue  to Howard Avenue, thence southerly along said avenue to Highland Avenue, thence  northerly  along said  avenue  to  Arlo  Road,  thence easterly along said road to Howard Avenue, thence northerly  along  said  avenue  to  Greta  Place,  thence westerly  along  said  place to Duncan Road, thence northerly along said road to Theresa Place, thence  westerly  along  said  place  to  Victory Boulevard,  thence  northerly  along  said  boulevard  to Forest Avenue, thence  westerly  along  said  avenue   to   Brighton   Avenue,   thence northeasterly  along  said  avenue to Lafayette Avenue, thence northerly along said avenue to Arnold street, thence westerly along said street to Ellicott Place, thence northerly along said place  to  Prospect  Avenue, thence  westerly  along  said avenue to Clinton Avenue, thence northerly along said avenue to Henderson Avenue, thence westerly along said avenue to Tysen Street, thence northerly along said street to Richmond Terrace, thence westerly along said terrace to Jewett  Avenue,  thence  southerly along said avenue to Forest Avenue, thence westerly along said avenue to Morningstar  Road,  thence  southerly  along  said road to Monsey Place, thence westerly along said place to  Sanders  Street,  thence  southerly along said street to Wilcox Street, thence westerly along said street to Eunice Place, thence northerly along said place to Forest Avenue, thence westerly along said avenue to Heaney Avenue, thence southerly along said avenue  to  Wilcox  Street,  thence  westerly along said street to Amity Place, thence northerly  along  said  place  to  Wemple  Street,  thence westerly  along said street to South Avenue, thence northerly along said avenue to Forest Avenue, thence westerly along said avenue  to  Goethals Road  North,  thence along said road to Western Avenue, thence northerly along said avenue to the Staten Island Rapid  Transit  Railroad,  thence easterly  along  said  railroad  to  a  line extended south from Holland Avenue, thence northerly along said line  extended  to  Holland  Avenue, thence  along  said avenue to Benjamin Place, thence easterly along said place to  Arlington  Avenue,  thence  southerly  along  said  avenue  to Arlington  Place,  thence easterly along said place to Grandview Avenue, thence southerly along said avenue to Davidson Street,  thence  easterly along  said  street to Andros Avenue, thence southerly along said avenue to a line extended to the Staten Island Rapid Transit  Railroad,  thence easterly  along said railroad to Van Name Avenue, thence northerly along said avenue to Richmond Terrace, thence easterly along said  terrace  to Wright  Avenue, thence northerly along said avenue to a line extended to the  northern  shore  of  Staten  Island,  thence  easterly  along  said shoreline  to  Bayonne Bridge, thence northerly along said bridge to the New York/New Jersey state line, thence easterly along said state line to the Kings/Richmond county line, thence southerly along said county  line to  a  point  where it meets a line extended from Clifton Avenue, thence westerly along said line extended to  the  point  where  Clifton  Avenue intersects Edgewater Street, the point of beginning.   12.   An  agreement  with  the  local  housing  agency  to  create  or substantially  rehabilitate  offsite   housing   units   affordable   to households  of  low  and moderate income, shall remain in full force and effect. The housing units developed pursuant  to  such  agreement  shall continue to make a building or buildings located in geographic exclusion areas  as  defined  in  this  subdivision  eligible  to receive benefits  pursuant to this section notwithstanding the provisions  of  subdivision seven or nine of this section or any exemption cap provided in local law provided  that  the  agreement with the local housing agency was entered into  prior to December twenty-eighth, two thousand six and construction of the building receiving benefits pursuant to this section is commenced on or before June thirtieth, two thousand nine.   13. (a) As used in this subdivision, "UDC Large Scale  Project"  shall mean a multi-phase project that (i) includes the development of at least twenty-five  hundred  new  dwelling  units,  (ii)  is  being implemented pursuant to a General Project Plan adopted by the New York  State  Urban Development Corporation and approved by Public Authorities Control Board or  is  otherwise  set forth in agreements with the New York State Urban Development Corporation, (iii) includes a development over a single area containing a number of contiguous city blocks, and  (iv)  the  units  in which, in the aggregate for each successive fifteen hundred units of the project  rather  than for each multiple dwelling containing such fifteen hundred units and in the aggregate for the entire  project  rather  than for  each  multiple  dwelling  in  the project, meet the requirements of paragraph (c) of subdivision seven of this section.  (b) Except as otherwise provided in subparagraph (iv) of paragraph (a) of this subdivision, no portion of a UDC Large Scale  Project  shall  be subject  to  the  requirements  of paragraph (c) of subdivision seven of this section.  (c) With respect to any multiple dwelling in a UDC Large Scale Project that meets the requirements of paragraph (c)  of  subdivision  seven  of this  section,  the  period  of  tax  benefits  awarded to such multiple dwelling shall be the same as the period of tax benefits  awarded  under clause  (A) of subparagraph (iii) of paragraph (a) of subdivision two of this section. With respect to any multiple dwelling in a UDC Large Scale Project that  does  not  meet  the  requirements  of  paragraph  (c)  of subdivision seven of this section, the period of tax benefits awarded to such  multiple  dwelling 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.  The  tax  benefits  awarded to any multiple dwelling in a UDC Large Scale Project shall commence  upon  the commencement  of  construction  of  such  multiple  dwelling,  provided, however, that such multiple dwelling meets all of the  requirements  for tax  benefits  pursuant  to  this  section.  For each successive fifteen hundred units of a UDC Large Scale Project,  the  local  housing  agency must  certify  the  completion  of  any  affordable units, as defined in subparagraph (i) of paragraph (a) of subdivision seven of this  section, required   to  qualify  any  multiple  dwelling  or  multiple  dwellings comprising such fifteen hundred  units  for  any  tax  benefits  awarded pursuant  to this paragraph. The existence of such special certification requirement and its financial impact upon all units, including, but  not limited  to,  revocation  of  tax  benefits  awarded  pursuant  to  this paragraph if such special certification requirement is not met, shall be disclosed as a special risk in any offering plan for any units in a  UDC Large Scale Project.  (d) With respect to any UDC Large Scale Project located in whole or in part  within  community district number eight in the borough of Brooklyn in the city of New York, notwithstanding the provisions of  subparagraph (ii) of paragraph (d) of subdivision seven of this section, the priority specified  in  such  subparagraph  shall  be granted to the residents of community districts two, three, six and eight of such borough.   14. The provisions of subdivisions seven  and  nine  of  this  section shall  not  apply  to (1) multiple dwellings which commence construction prior to July first, two thousand eight; or (2)  where  commencement  of  construction is delayed as a result of litigation relating to a contract for  the  purchase  of  real  property  entered  into  prior to December twenty-eight, two thousand six and in which a judgment was entered prior to  the  effective  date  of this subdivision provided that construction commences within  a  reasonable  time  after  final  resolution  of  the litigation;  or  (3)  where benefits pursuant to this section are sought for a building located on a  site  requiring  environmental  remediation construction and a certificate of completion pursuant to section 27-1419 of  the  environmental  conservation  law  has been issued prior to July first, two thousand  eight,  provided  that  construction  is  completed without  undue  delay;  or (4) a project which (i) on or before December thirty-first, two thousand six, such project  receives  special  permits pursuant  to  the  New  York  city zoning resolution with respect to all buildings to be  constructed  on  the  development  site,  and  (ii)  on December  thirty-first,  two thousand six, a portion of such development site was owned by the state of New York and contained a New  York  power authority   temporary   generating  facility,  and  (iii)  such  project commenced  construction  before  the  later  of  three  years  from  the effective  date  of local law number fifty-eight of the city of New York for the year two thousand six or eighteen months from the removal of all such temporary generating facilities.   15. Paragraphs two through four of subdivision (a) of  section  11-245 of  the  administrative  code  of  the city of New York and subdivisions (b-1) and (b-2) of section 11-245 of the administrative code of the city of New York, as added by local law number fifty-eight of the city of New York for the year two thousand six  shall  not  apply  to  (1)  multiple dwellings  which commence construction prior to July first, two thousand eight; or (2) where commencement of construction is delayed as a  result of  litigation  relating to a contract for the purchase of real property entered into prior to December twenty-eighth, two thousand  six  and  in which  a  judgment  was  entered  prior  to  the  effective date of this subdivision provided that construction  commences  within  a  reasonable time  after  final  resolution  of the litigation; or (3) where benefits pursuant to this section are sought for a building  located  on  a  site requiring  environmental  remediation  construction and a certificate of completion pursuant to section 27-1419 of the environmental conservation law has been issued prior to July first, two  thousand  eight,  provided that  construction  is  completed  without undue delay; or (4) a project which (i) on or before December thirty-first,  two  thousand  six,  such project  receives  special  permits pursuant to the New York city zoning resolution with respect to  all  buildings  to  be  constructed  on  the development site, and (ii) on December thirty-first, two thousand six, a portion  of such development site was owned by the state of New York and contained a New York power authority temporary generating facility,  and (iii)  such  project  commenced  construction  before the later of three years from the effective date of local law  number  fifty-eight  of  the city  of  New York for the year two thousand six or eighteen months from the removal of all such temporary generating facilities.   16. (a) Definitions. For the purposes of this subdivision:  (i)  "Affordable  New  York  Housing  Program  benefits"  shall   mean exemption from real property taxation pursuant to this subdivision.  (ii)  "Affordability  option  A"  shall mean that, within any eligible site:   (A) not  less  than  ten  percent  of  the  dwelling  units  are affordable  housing forty percent units; (B) not less than an additional ten percent of the dwelling units are affordable housing  sixty  percent units;  (C)  not  less  than  an additional five percent of the dwelling units are affordable housing one hundred thirty percent units;  and  (D) such  eligible  site  is developed without the substantial assistance of  grants, loans or  subsidies  provided  by  a  federal,  state  or  local governmental  agency  or  instrumentality  pursuant to a program for the development of affordable housing, except that such  eligible  site  may receive tax exempt bond proceeds and four percent tax credits.  (iii)  "Affordability  option  B" shall mean that, within any eligible site, (A) not less than ten percent of the dwelling units are affordable housing seventy percent units, and  (B)  not  less  than  an  additional twenty  percent of the dwelling units are affordable housing one hundred thirty percent units.  (iv) "Affordability option C" shall mean  that,  within  any  eligible site  excluding  the geographic area south of ninety-sixth street in the borough of Manhattan, and all other geographic areas in the city of  New York excluded pursuant to local law, (A) not less than thirty percent of the  dwelling  units  are  affordable housing one hundred thirty percent units, and (B) such eligible site is developed without  the  substantial assistance of grants, loans or subsidies provided by a federal, state or local  governmental  agency or instrumentality pursuant to a program for the development of affordable housing.  (v) "Affordability option D"  shall  only  apply  to  a  homeownership project, of which one hundred percent of the units shall have an average assessed  value not to exceed sixty-five thousand dollars upon the first assessment following the completion date and where  each  owner  of  any such  unit  shall  agree,  in  writing,  to  maintain such unit as their primary residence for no less than five years from  the  acquisition  of such unit.  (vi)  "Affordability  option  E"  shall mean that, within any eligible site within the enhanced affordability area, such site must  consist  of no  less  than three hundred rental dwelling units of which (A) not less than ten percent of the rental dwelling  units  are  affordable  housing forty  percent units; (B) not less than an additional ten percent of the rental dwelling units are affordable housing sixty  percent  units;  (C) not  less  than  an additional five percent of the rental dwelling units are affordable housing one hundred twenty percent units;  and  (D)  such eligible site is developed without the substantial assistance of grants, loans  or  subsidies  provided by a federal, state or local governmental agency or instrumentality pursuant to a program for the  development  of affordable  housing,  except  that  such  eligible  site may receive tax exempt bond proceeds and four percent tax credits.  (vii) "Affordability option F" shall mean that,  within  any  eligible site  within  the enhanced affordability area, such site must consist of no less than three hundred rental dwelling units of which (A)  not  less than  ten  percent  of  the rental dwelling units are affordable housing seventy percent units; and  (B)  not  less  than  an  additional  twenty percent  of the rental dwelling units are affordable housing one hundred thirty percent units.  (viii) "Affordability option G" shall mean that, within  any  eligible site  located  within  the  Brooklyn  enhanced affordability area or the Queens enhanced affordability area, such site must consist  of  no  less than  three  hundred  rental  dwelling  units of which (A) not less than thirty percent of the  rental  dwelling  units  are  affordable  housing one-hundred  thirty  percent  units;  and  (B)  such  eligible  site  is developed  without  the  substantial  assistance  of  grants,  loans  or subsidies  provided  by a federal, state or local governmental agency or instrumentality pursuant to a program for the development of  affordable housing.  (ix)  "Affordability  percentage" shall mean a fraction, the numerator of which is the number of affordable housing units in an  eligible  site  and  the  denominator  of which is the total number of dwelling units in such eligible site.  (x) "Affordable housing forty percent unit" shall mean a dwelling unit that:  (A) is situated within the eligible site for which Affordable New York Housing Program benefits are granted; and (B) upon  initial  rental and   upon  each  subsequent  rental  following  a  vacancy  during  the restriction period or extended restriction  period,  as  applicable,  is affordable  to  and  restricted  to occupancy by individuals or families whose household income does not exceed forty percent of the area  median income,  adjusted  for  family  size,  at  the  time that such household initially occupies such dwelling unit.  (xi) "Affordable housing sixty percent unit"  shall  mean  a  dwelling unit that: (A) is situated within the eligible site for which Affordable New  York  Housing  Program  benefits  are granted; and (B) upon initial rental and upon each subsequent rental following a  vacancy  during  the restriction  period  or  extended  restriction period, as applicable, is affordable to and restricted to occupancy  by  individuals  or  families whose  household income does not exceed sixty percent of the area median income, adjusted for family  size,  at  the  time  that  such  household initially occupies such dwelling unit.  (xii)  "Affordable housing seventy percent unit" shall mean a dwelling unit that: (A) is situated within the eligible site for which Affordable New York Housing Program benefits are  granted;  and  (B)  upon  initial rental  and  upon  each subsequent rental following a vacancy during the restriction period or extended restriction  period,  as  applicable,  is affordable  to  and  restricted  to occupancy by individuals or families whose household income does not  exceed  seventy  percent  of  the  area median income, adjusted for family size, at the time that such household initially occupies such dwelling unit.  (xiii) "Affordable housing one hundred twenty percent unit" shall mean a dwelling unit that: (A) is situated within the eligible site for which Affordable  New  York Housing Program benefits are granted; and (B) upon initial rental and upon  each  subsequent  rental  following  a  vacancy during  the extended restriction period, is affordable to and restricted to occupancy by individuals or families whose household income does  not exceed  one  hundred  twenty percent of the area median income, adjusted for family size, at the time that such household initially occupies such dwelling unit.  (xiv) "Affordable housing one hundred thirty percent unit" shall  mean a dwelling unit that: (A) is situated within the eligible site for which Affordable  New  York Housing Program benefits are granted; and (B) upon initial rental and upon  each  subsequent  rental  following  a  vacancy during  the  restriction  period  or  extended  restriction  period,  as applicable, is affordable to and restricted to occupancy by  individuals or  families  whose  household income does not exceed one hundred thirty percent of the area median income, adjusted for family size, at the time that such household initially occupies such dwelling unit.  (xv)  "Affordable  housing  unit"   shall   mean,   collectively   and individually, affordable housing forty percent units, affordable housing sixty   percent   units,   affordable  housing  seventy  percent  units, affordable housing one  hundred  twenty  percent  units  and  affordable housing one hundred thirty percent units.  (xvi)  "Agency"  shall mean the department of housing preservation and development.  (xvii) "Application" shall mean an application for Affordable New York Housing Program benefits.  (xviii) "Average hourly wage" shall  mean  the  amount  equal  to  the aggregate  amount  of all wages and all employee benefits paid to, or on  behalf of, construction workers for construction  work  divided  by  the aggregate number of hours of construction work.  (xix)  "Brooklyn  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 Brooklyn bounded and described as follows: All that piece or parcel of land situate and being in the boroughs of Queens and Brooklyn, New York. Beginning at the point of intersection of the centerline of  Newtown  Creek  and  the  westerly bounds  of  the East River; Thence southeasterly along the centerline of Newtown Creek, said centerline also being the  boundary  between  Queens County  to the northeast and Kings County to the southwest, to the point of intersection  with  Greenpoint  Avenue;  Thence  southwesterly  along Greenpoint  Avenue,  to  the intersection with Kings Land Avenue; Thence southerly along Kingsland Avenue to the intersection with Meeker Avenue; Thence southwesterly  along  Meeker  Avenue  to  the  intersection  with Leonard   Street;   Thence   southerly   along  Leonard  Street  to  the intersection   with   Metropolitan   Avenue;   Thence   westerly   along Metropolitan  Avenue  to  the  intersection  with Lorimer Street; Thence southerly along Lorimer Street to the intersection with Montrose Avenue; Thence westerly along Montrose Avenue to  the  intersection  with  Union Avenue;  Thence  southerly  along  Union Avenue to the intersection with Johnson Avenue; Thence westerly along Johnson Avenue to the intersection with Broadway; Thence northwesterly along Broadway to  the  intersection with  Rutledge Street; Thence southwesterly along Rutledge Street to the intersection with Kent Avenue and Classon Avenue;  Thence  southwesterly and  southerly  along  Classon  Avenue  to  the intersection with Dekalb Avenue; Thence westerly along Dekalb Avenue  to  the  intersection  with Bond  Street; Thence southwesterly along Bond Street to the intersection with Wyckoff Street; Thence northwesterly along Wyckoff  Street  to  the intersection with Hoyt Street; Thence southwesterly along Hoyt Street to the  intersection  with Warren Street; Thence northwesterly along Warren Street to the intersection with Court Street; Thence northeasterly along Court  Street  to  the  intersection  with   Atlantic   Avenue;   Thence northwesterly  along Atlantic Avenue, crossing under The Brooklyn Queens Expressway (aka Interstate 278), to the terminus of Atlantic  Avenue  at the  Brooklyn  Bridge  Park/Pier 6; Thence northwesterly passing through the Brooklyn Bridge Park to the bulkhead of the East River  at  Pier  6; Thence  in a general northeasterly direction along the easterly bulkhead or shoreline of the East River to the intersection with  the  centerline of Newtown Creek, and the point or place of Beginning.  (xx)  "Building  service  employee"  shall  mean  any  person  who  is regularly employed at, and performs work in connection with the care  or maintenance  of,  an  eligible  site,  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 at the eligible site.  (xxi)  "Commencement  date"  shall  mean, with respect to any eligible multiple dwelling, 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.  (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 workers.  (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 officer in a city having a population of one million or more.  (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 contain any dwelling units.  (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 described as follows: All that piece or parcel of land situate and being in the boroughs of Queens and Brooklyn, New York. Beginning at the point 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 Beginning.  (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 housing.  (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 completion  date,  notwithstanding any earlier termination or revocation of Affordable New York Housing Program benefits.  (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 period, a one hundred percent exemption  from  real  property  taxation, other  than  assessments  for  local  improvements;  (B)  for  the first fourteen  years  of  the  restriction  period,  a  one  hundred  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; 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 date.  (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 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;  (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. 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 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  and/or  for  fraudulent  or inaccurate  contractor  certified  payroll  reports  and/or 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 paragraph.  (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 and/or the contractor (as a  result  of contractor  fraud,  mistake  or  negligence  and/or  for  fraudulent  or inaccurate contractor  certified  payroll  reports  and/or  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 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  (ii) all assessments for local improvements.  (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 occupancy.  (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 determinations of federal, state or other governmental agencies;  (B) to institute and conduct inspections at the site of  the  work  or elsewhere;  (C)  to  examine  the  books,  documents and records pertaining to the wages paid to, and the hours of  work  performed  by,  building  service employees;  (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 service employees in such classification;  (F)  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;  (G)  to  delegate  any of the foregoing powers to his or her deputy or other authorized representative; and  (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 housing finance law or section four hundred twenty-c of this title.  (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 subdivision.  (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 assistance of grants, loans or subsidies provided by a federal, state or local governmental agency or instrumentality pursuant to a  program  for the development of affordable housing.  (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 subdivision.   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, adjusted  for  family  size,  at  the time that such household initially 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 median income, adjusted for family size, at the time that such household initially occupies such dwelling unit.  (iii)   "Affordable   housing   unit"  shall  mean,  collectively  and individually, affordable housing eighty  percent  units  and  affordable housing one hundred thirty percent units.  (iv)  "Agency"  shall  mean the department of housing preservation and development.  (v) "Application" shall mean  an  application  for  extended  benefits pursuant to this subdivision.  (vi)  "Building  service  employee"  shall  mean  any  person  who  is regularly employed at, and performs work in connection with the care  or 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 provisions of this subdivision.  (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 period.  (xiii) "Fiscal officer" shall mean the comptroller or other  analogous officer in a city having a population of one million or more.  (xiv)  "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.  (xv) "Multiple dwelling" shall have  the  meaning  set  forth  in  the multiple dwelling law.  (xvi)  "Residential  tax  lot"  shall  mean  a  tax  lot that contains dwelling units.  (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 requirement.  (xviii)  "Restrictive declaration date" shall mean the date upon which the  restrictive  declaration   is   recorded   against   the   extended affordability property.  (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 subdivision two of this section.  (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, 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 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 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  (ii) all assessments for local improvements.  (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 subdivision two of this section.  (e) Calculation of benefit. Based on the certification of  the  agency certifying  the  applicant's  eligibility  for the extended benefit, the assessors shall certify to the collecting officer the amount of taxes to be exempted.  (f)  Affordability  requirement.  During  the  extended  affordability period, an extended affordability property must comply with the extended affordability  requirement and the restrictive declaration. The extended affordability property shall also comply with  all  provisions  of  this paragraph during the extended affordability period and with subparagraph (i)  of  this paragraph both during and after the extended affordability period to the extent provided in such subparagraph.  (i)  Notwithstanding  the  provisions  of  any  local  law   for   the stabilization  of  rents  or  the  emergency  tenant  protection  act of nineteen seventy-four, all  affordable  housing  units  in  an  extended affordability  property  shall  be  fully  subject to control under such local law or such act during the extended affordability period, provided that tenants holding a lease and in occupancy of such affordable housing units in an extended affordability property at  the  expiration  of  the extended  affordability  period  shall  have the right to remain as rent stabilized tenants for the duration of their occupancy. Upon any vacancy of an affordable housing unit after the extended  affordability  period, such  affordable  housing  unit  shall  remain  fully  subject  to  rent stabilization unless the owner is entitled  to  remove  such  affordable housing  unit from rent stabilization upon such vacancy by reason of the monthly rent exceeding any limit established thereunder.  (ii)  All  rent  stabilization  registrations  required  to  be  filed pursuant   to  subparagraph  (i)  of  this  paragraph  shall  contain  a designation  that  specifically  identifies  affordable  housing   units complying   with   the  extended  affordability  requirement  as  "421-a affordable housing units"  and  shall  contain  an  explanation  of  the requirements that apply to all such affordable housing units.  (iii)  Failure  to  comply  with the provisions of this paragraph that require the maintenance, rent stabilization and occupancy of  affordable housing  units  in  an  extended  affordability property shall result in revocation  of  the  extended   benefit   for   the   period   of   such non-compliance.  (iv)  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 extended affordability property 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.  (v)  Upon  each  vacancy, 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 occupancy.  (vi)  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.  (vii) An affordable housing unit shall not be converted to cooperative or condominium ownership.  (viii) The agency may establish  by  rule  such  requirements  as  the agency  deems  necessary  or  appropriate  for:  (A)  the  marketing  of affordable  housing  units;  and  (B)  monitoring  compliance  with  the provisions  of  this  paragraph. Such requirements may include, but need not be limited to, retaining a monitor approved by the agency  and  paid for by the owner.  (g)   Building  service  employees.  (i)  For  the  purposes  of  this paragraph, "applicant" shall mean an applicant  for  extended  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 extended affordability property shall receive the applicable  prevailing wage for the entire extended affordability period.  (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 determinations of federal, state or other governmental agencies;  (B)  to  institute  and conduct inspections at the site of the work or elsewhere;  (C) to examine the books, documents  and  records  pertaining  to  the wages  paid  to,  and  the  hours of work performed by, building service employees;  (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 service employees in such classification;  (F) 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;  (G) to delegate any of the foregoing powers to his or  her  deputy  or other authorized representative; and  (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  extended  affordability  property containing less than thirty dwelling units; or  (B) an extended affordability property 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 extended affordability period, 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.  (h) Concurrent exemptions or  abatements.  An  extended  affordability property  receiving  an extended benefit shall not receive any exemption from or abatement of real property taxation under any other law.  (i)  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  an extended  benefit  unless  the  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.  (j) Termination or revocation. The agency may terminate or revoke  the extended  benefit  for  noncompliance  with  this  subdivision.  If  the extended benefit is terminated or revoked for  noncompliance  with  this subdivision, all of the affordable housing units shall remain subject to the  provisions  of  any local law for the stabilization of rents or the emergency tenant protection act of nineteen seventy-four and  all  other requirements  of  this subdivision for the entire extended affordability period and any additional period expressly provided in this subdivision, as if the extended benefit had not been terminated or revoked.  (k) 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.  (l)  Multiple tax lots. If an extended affordability property 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 an extended benefit based upon the tax lots included in such application.  (m) Applications. (i) The application with  respect  to  any  extended affordability  property  shall  include  a  certification  that: (A) the restrictive  declaration  has  been  recorded   against   the   extended affordability  property;  and (B) the extended affordability property is in compliance with such restrictive declaration and this subdivision.  (ii) The  application  with  respect  to  any  extended  affordability property  shall  be filed with the agency on or before the later of: (A) December thirty-first, two thousand  sixteen;  or  (B)  eighteen  months after the expiration date.  (iii)  Notwithstanding the provisions of any general, special or local law to the contrary, the agency may require by rule that applications be filed electronically.  (iv) 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 subdivision.  (n) Filing fee. The agency may require a filing fee of three  thousand dollars per dwelling unit in connection with any application.  (o) Rules. The agency may promulgate rules to carry out the provisions of this subdivision.  (p)  Authority  of  city  to  enact  local  law.  Except  as otherwise specified in this subdivision, a  city  to  which  this  subdivision  is applicable  may  enact  a  local law to restrict, limit or condition the eligibility for or the scope or  amount  of  extended  benefits  in  any manner,  provided  that  such  local law may not grant extended benefits beyond those provided in this subdivision and provided further that such local law shall not take  effect  sooner  than  one  year  after  it  is enacted.   The  provisions  of  sections  11-245  and  11-245.1  of  the administrative code of the city of New York or of any other local law of the city of New York that were enacted on or before the  effective  date of  the  chapter  of  the  laws  of two thousand fifteen that added this paragraph shall not restrict, limit or condition the eligibility for  or the scope or amount of extended benefits pursuant to this subdivision.