2023 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 either (1) 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,   or  (2)  a  multiple  dwelling  or  homeownership  project
containing six or more dwelling units created through  new  construction
or  eligible  conversion  which  complies  with  affordability option A,
affordability option B, affordability option D, affordability  option  E
or  affordability option F, and 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 thirty-one, provided that the
owner of such multiple  dwelling  or  homeownership  project  submits  a
letter  of  intent  on  a  form  to  be promulgated by the New York city
department of housing preservation and development, to such  department,
within  ninety  days  of  the date that such department promulgates such
form.  The  New  York  city  department  of  housing  preservation   and
development shall promulgate such form no later than sixty days from the
effective  date  of  the  chapter of the laws of 2024 which amended this
subparagraph. For the purposes of this subparagraph, the term "letter of
intent" means documentation certifying that the owner of  such  multiple
dwelling  or homeownership project outlined in this subparagraph intends
to  apply  for  the  benefits  described  in  this  section   upon   the
construction  completion  date.  The New York city department of housing
preservation and development shall prescribe, and make available to  the
public, a "letter of intent form" by which owners may use to submit such
letter  of  intent  outlined  in  this  subparagraph.  The New York city
department  of  housing  preservation   and   development   shall   make
information  relating  to  letters  of intent and corresponding projects
available to the public.
(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.
18. (a) For the purposes of this subdivision:
(i)  "Agency"  shall have the same meaning as in subparagraph (xvi) of
paragraph (a) of subdivision sixteen of this section.
(ii) "Audit" shall mean any audit of an eligible property performed by
the agency under the program created by the agency pursuant to paragraph
(b) of this subdivision.
(iii) "Eligible property" shall mean any  eligible  multiple  dwelling
that  was granted benefits under the Affordable New York Housing Program
pursuant to this section, and any previous iteration of such tax benefit
program, on or after January  first,  two  thousand  fourteen,  and  was
subject  to  rent registration, affordability, and/or rent stabilization
requirements pursuant to this section on or  after  January  first,  two
thousand fourteen.
(b)  The  agency  shall  create a program to annually audit and review
eligible properties to confirm that owners of  eligible  properties  are
complying   with   the   rent   registration,  affordability,  and  rent
stabilization  requirements  of  the  applicable  subdivision  of   this
section.  Any  owner  of  an eligible property subject to an audit shall
provide any and all information,  data,  or  documentation  within  such
owner's  or an agent of such owner's reasonable possession or control to
the agency which the agency requests, in such  form  or  manner  as  the
agency  requests, in order to complete an audit. The division of housing
and community renewal and the New York city department of finance  shall
cooperate  with  the  agency  to  provide  such information within their
reasonable possession and control  to  the  agency  as  the  agency  may
request,  in such form or manner as the agency requests, to carry out an
audit. The initial audit  shall  be  completed  on  or  before  December
thirty-first,  two  thousand  twenty-five.  The agency shall publish the
results of the audit annually on or  before  December  thirty-first  and
shall  make  the results of any audit publicly available on the agency's
website. No more than twenty-five percent of eligible  properties  shall
be  subject  to  an  audit  each year, and no eligible property shall be
subject to an audit in two consecutive audits. The agency  shall  select
properties  for  an audit through a randomized process to be established
and implemented by the agency. Only eligible  properties  that  received
benefits  and  were subject to affordability, rent stabilization, and/or
rent registration requirements during the prior year shall be considered
eligible.
(c) (i) If an audit finds that any owner of an  eligible  property  is
not  in  compliance  with  the rent registration, affordability, or rent
stabilization  requirements  of  the  applicable  subdivision  of   this
section,  the  agency  shall,  where  necessary for enforcement, present
evidence of such noncompliance to the division of housing and  community
renewal   and   the   New  York  city  department  of  finance  of  such
noncompliance no later than fifteen days after the results of the  audit
have been published on the agency's website.
(ii)  The  agency,  the division of housing and community renewal, and
the New York city department of finance may  enforce  any  noncompliance
with  the  rent  registration,  affordability,  and  rent  stabilization
requirements of the applicable subdivision  of  this  section  that  are
identified  pursuant to an audit as authorized under this section or any
other law, rule, or regulation.