Section 11-241
§ 11-241 Discrimination in tax exempt projects. No exemption from
taxation, for any project, other than a project hitherto agreed upon or
contracted for, shall be granted to a housing company, insurance
company, redevelopment company or redevelopment corporation, which shall
directly or indirectly, refuse, withhold from, or deny to any person any
of the dwelling or business accommodations in such project or property,
or the privileges and services incident to occupancy thereof, on account
of the race, color or creed of any such person.
Any exemption from taxation hereafter granted shall terminate sixty
days after a finding by the supreme court of the state of New York that
such discrimination is being or has been practiced in such project or
property; if within sixty days such discriminaton shall have been ended,
then the exemption shall not terminate.
Section 11-242
§ 11-242 Exemption and tax abatement in regard to improvements of
substandard dwellings. a. As used in this section, the following terms
shall have the following meanings: 1. "Alteration" and "improvement": a
physical change in an existing dwelling other than painting, ordinary
repairs, normal replacements or maintenance items.
2. "Existing dwelling": a class A multiple dwelling in existence prior
to the commencement of alterations for which tax exemption and abatement
is claimed under the terms of this section and for which a valuation
appears on the annual record of assessed valuation of the city for the
fiscal year nineteen hundred fifty-five--nineteen hundred fifty-six.
3. "Start" on alteration or improvement: begin any physical operation
undertaken for the purpose of making alterations or improvements to an
existing dwelling.
4. "Complete" an alteration or improvement: conclude or terminate any
physical operation such as is referred to in the preceding
sub-paragraph, to an extent or degree which renders such building
capable of use for the purpose for which the improvements or alterations
were intended.
5. "Multiple dwelling": multiple dwellings as that term is defined in
section four of the multiple dwelling law.
b. Any increase in assessed valuation resulting from alterations and
improvements to existing dwellings to eliminate presently existing
unhealthy or dangerous conditions in any existing dwelling or to replace
inadequate and obsolete sanitary facilities in any such dwelling, any of
which represent fire or health hazards, or to provide central or other
appropriate and approved heating, except insofar as the gross cubic
content of the building is increased thereby, shall be exempt from
taxation for local purposes for a period of twelve years after the
taxable status date immediately following the completion of the
alterations and improvements, to the extent that such increase in
assessed valuation result from the reasonable cost of such alterations
and improvements, providing that construction is started after March
first, nineteen hundred fifty-five and completed before December
thirty-first, nineteen hundred fifty-nine. The asssessed valuation
allocated to such dwelling after such alterations and improvements
during such period of twelve years, exclusive of the increase in
valuation which is exempted, shall not exceed the valuation of the
previously existing dwelling appearing on the assessment rolls after the
taxable status date immediately preceding the commencement of such
alterations and improvements. The assessed valuation of the land
occupied by such dwelling and any increase in valuation resulting from
alterations and improvements other than those made pursuant to this
section, shall not be affected by the provisions of this section.
c. The taxes upon any such property, including the land, shall be
abated and reduced by an amount equal to eight and one-third per centum
of the reasonable cost of such alterations and improvements each year
for a period of nine years commencing with the first tax bill for the
first tax year in which the exemption herein provided is effective, but
such abatement of taxes in any consecutive twelve-month period shall in
no event exceed the amount of taxes payable in such period.
d. The department of buildings shall determine and certify the
reasonable cost of any such alterations and improvements and for that
purpose may adopt rules and regulations, administer oaths to and take
testimony of any person, including but not limited to the owner of such
property, may issue subpoenas requiring the attendance of such persons
and the production of such books, papers or other documents as the
department shall deem necessary, may make preliminary estimates of the
maximum reasonable cost of such alterations and improvements, may
establish maximum allowable costs for specified units, fixtures or work
in such alterations or improvements, and may require the submission of
plans and specifications of such alteration and improvements before the
start thereof. Application forms for the benefits of this section shall
be filed with the tax commission between February first and March
fifteenth and the tax commission shall certify to the city collector the
amount of taxes to be abated and reduced, pursuant to the certification
of the commissioner of buildings as herein provided. No such application
shall be accepted unless accompanied by copies of certificates of the
city planning commission and the commissioner of buildings, as provided
in this subdivision and in subdivision e of this section.
e. To the end that alterations and improvements in such property shall
interfere as little as practicable with urgently needed public
improvements, and the clearance and rebuilding of substandard and
insanitary areas, and shall be confined to multiple dwellings which are
structurally sound, comply with applicable provisions of law, and are
provided with adequate central or other appropriate and approved heating
exemption or abatement from taxation hereunder shall be restricted to
dwellings which: (1) the city planning commission certify will not
unduly interfere with projected public improvements or the clearance and
rebuilding of substandard and insanitary areas which certification shall
be evidenced by a certificate describing the property involved and shall
be issued upon application to such city planning commission in such
manner and in such form as may be prescribed by such city planning
commission, and (2) which the department of buildings shall certify to
be structurally sound, comply with applicable provisions of law and
provide central or other appropriate and approved heating, which
certification shall be evidenced by a certificate describing the
property involved and shall be issued upon application to the department
of buildings in such manner and in such form as may be prescribed by
such department. Where the improvements and alterations include or
benefit that part of a building which is occupied by stores or used for
commercial purposes, the cost shall be apportioned so that the benefits
of this section shall not be provided for the cost of the improvements
or alterations made for store or commercial purposes.
f. Notwithstanding the provisions of the multiple dwelling law, or any
local law, ordinance, provisions of this code, rule or regulation, any
dwelling to which alterations and improvements are made pursuant to this
section and which did not require a certificate of occupancy on April
second, nineteen hundred forty-five, may be occupied lawfully after such
date upon the completion of such alterations and improvements without
such a certificate being obtained, provided, however, that such
alterations and improvements shall have been made in conformity with law
and the applicable provisions for fire protection required by articles
six and seven of the multiple dwelling law.
g. No owner of a dwelling to which the benefits of this section shall
be applied nor any agent, employee, manager or officer of such owner
shall directly or indirectly deny to any person because of race, color,
creed, or religion any of the dwelling accommodations in such property
or any of the privileges or services incident to occupancy therein.
h. Each agency to which functions are assigned by this section may
adopt rules and regulations for the effectuation of the purposes of this
section, and a copy, for each member of the city council, of such rules
and regulations shall be filed with the clerk of the city council prior
to promulgation.
i. Any person who shall knowingly and wilfully make any false
statement as to any material matter in any application for the benefits
of this section shall be guilty of an offense punishable by a fine of
not more than five hundred dollars or imprisonment for not more than
ninety days, or both.
j. The benefits of this section shall not apply to any multiple
dwelling which is not subject to the provisions of the emergency housing
rent control law, provided that this subdivision shall not operate to
rescind any benefits granted by the tax commission under this section
prior to July first, nineteen hundred fifty-eight; and further provided
that where the benefits herein provided were or are granted by the tax
commission on or after July first, nineteen hundred fifty-eight to any
multiple dwelling which is decontrolled subsequent to the granting of
such benefits, the tax commission shall withdraw such benefits,
effective upon the commencement of the first tax year following the tax
year in which such multiple dwelling is decontrolled.
Section 11-243
§ 11-243 Reextension of exemption and tax abatement in regard to
improvements of substandard dwellings. a. As used in this section, the
following terms shall have the following meanings:
1. "Alteration" and "improvement": a physical change in an existing
dwelling other than painting, ordinary repairs, normal replacement of
maintenance items, provided, however, that ordinary repairs and normal
replacement of maintenance items, as defined by rules adopted by the
department of housing preservation and development pursuant to
subdivision m of this section, shall be eligible for tax exemption and
tax abatement under this section provided that repairs and maintenance
items:
(1) were started and completed within a twelve-month period,
(2) were made to any common area of the dwelling premises concurrently
with a major capital improvement thereto, as defined by rules adopted by
the department of housing preservation and development pursuant to
subdivision m of this section, and
(3) require the issuance of a permit for at least one item thereof by
any city agency, and
(4) the amount of money expended thereon shall not exceed two times
the amount expended on the major capital improvement performed
concurrently therewith.
"Alteration" and "improvement" shall also mean "an abatement" of
lead-based paint hazards, as defined in part 745 of title forty of the
code of federal regulations or any successor regulations in any existing
dwelling including any common areas, and shall include an "inspection"
and "risk assessment" for lead-based paint hazards, as defined in such
part, in a dwelling unit whether such unit is vacant or occupied but
shall not include any work performed to comply with a notice of
violation issued for a violation of article fourteen of subchapter two
of chapter two of title 27 of the administrative code. For purposes of
this paragraph, the term, "targeted area" shall mean the geographical
area of New York city that is determined by the department of health and
mental hygiene to have high rates of children with environmental
intervention blood lead levels. The department of housing preservation
and development shall establish two schedules of certified reasonable
costs for items that are included in an abatement of lead-based paint
hazards, one covering such abatement that is performed in an eligible
dwelling unit or common area located in the targeted area, and one
covering such abatement that is performed in an eligible dwelling unit
or common area that is not located in the targeted area. The first such
schedules shall be promulgated by the department of housing preservation
and development within 180 days of the effective date of this local law
and shall be used for any such abatements that are commenced on or after
August 2, 2004. Such schedules shall be reviewed by such department
biennially following their effective dates and amended as necessary.
Notwithstanding any other provision of law or rule, an owner who
performs an abatement of lead-based paint hazards pursuant to this
paragraph shall not be required to comply with subdivision (y) of this
section which provides for filing of a notice of intent form prior to
the commencement of work, and no additional fee or penalty shall be due
and owing the department at the time of issuance of a certificate of
eligibility and reasonable cost for failure to file such notice of
intent.
2. "Existing dwelling": except as hereinafter provided in subdivision
d of this section, a class A multiple dwelling or a building consisting
of one or two dwelling units over space used for commercial occupancy in
existence prior to the commencement of alterations for which tax
exemption and abatement is claimed under the terms of this section and
for which a valuation appears on the annual record of assessed valuation
of the city for the fiscal year immediately preceding the commencement
of such alterations and improvements.
3. "Start" an alteration or improvement: begin any physical operation
undertaken for the purpose of making alterations or improvements to an
existing dwelling.
4. "Complete" an alteration or improvement: conclude or terminate any
physical operation such as is referred to in the preceding paragraph, to
an extent or degree which renders such building capable of use for the
purpose for which the improvements or alterations were intended.
5. "Multiple dwelling": multiple dwellings as that term is defined in
section four of the multiple dwelling law.
6. "Moderate rehabilitation": shall mean a scope of work which
(a) includes a building-wide replacement of a major component of one
of the following systems:
(1) Elevator
(2) Heating
(3) Plumbing
(4) Wiring
(5) Window; and
(b) has a certified reasonable cost of not less than twenty-five
hundred dollars, exclusive of any certified reasonable cost for ordinary
repairs, for each dwelling unit in existence at the commencement of the
rehabilitation; except that the department of housing preservation and
development may establish a minimum certified reasonable cost to be
greater than twenty-five hundred dollars per dwelling unit pursuant to
subdivision m of this section.
7. "Substantially occupied": shall mean an occupancy of not less than
sixty percent of all dwelling units immediately prior and during
rehabilitation, except that the department of housing preservation and
development may establish higher percentages of occupancy pursuant to
subdivision m of this section.
8. "Private dwelling" shall mean any building or structure designed
and occupied for residential purposes by not more than two families.
Private dwellings shall also be deemed to include a series of one-family
or two-family dwelling units each of which faces or is accessible to a
legal street or public thoroughfare, if each such dwelling unit is
equipped as a separate dwelling unit with all essential services, and if
each such unit is arranged so that it may be approved as a legal
one-family or two-family dwelling.
b. Subject to the limitations provided in subdivision d of this
section and the restrictions in this section on conversion of buildings
used in whole or in part for single room occupancy, any increase in the
assessed valuation of real property shall be exempt from taxation for
local purposes to the extent such increase results from the reasonable
cost of: (1) the conversion of a class B multiple dwelling to a class A
multiple dwelling except insofar as the gross cubic content of such
building is increased thereby; or (2) the conversion of any
nonresidential building or structure situated in the county of New York
to a class A multiple dwelling except insofar as the gross cubic content
of such building is increased; or (3) the conversion of any
nonresidential building or structure situated in the counties of Bronx,
Kings, Queens or Richmond to a class A multiple dwelling except insofar
as the gross cubic content of such building or structure is increased
thereby; or (4) alterations or improvements to the exterior of an
otherwise eligible building or structure visible from a public street
pursuant to a permit issued by the landmarks commission with respect to
a designated historic or landmark site or structure; or (5) alterations
or improvements constituting a moderate rehabilitation of a
substantially occupied class A multiple dwelling except insofar as the
gross cubic content of such building or structure is increased thereby;
or (6) alterations or improvements to an otherwise eligible building or
structure commenced after January first, nineteen hundred eighty
designed to conserve the use of fuel, electricity or other energy
sources or to reduce demand for electricity, including the installation
of meters for purposes of measuring the amount of electricity consumed
for each dwelling unit, and conversions of direct metering to a system
that includes a master meter and submeters in any cooperative,
condominium, or housing development fund company organized under article
eleven of the private housing finance law; or (7) alterations or
improvements to existing dwellings to eliminate existing unhealthy or
dangerous conditions in any such existing dwelling or replace inadequate
and obsolete sanitary facilities in any such existing dwelling, any of
which represents fire or health hazards, including as improvements
asbestos abatement to the extent such asbestos abatement is required by
federal, state or local law, except insofar as the gross cubic content
of such existing dwelling is increased thereby; or (8) conversion of
residential units qualified for the protection of article seven-C of the
multiple dwelling law in buildings or portions thereof registered with
the New York city loft board as interim multiple dwellings pursuant to
such article to units which are in compliance with the standards of
safety and fire protection set forth in article seven-B of the multiple
dwelling law or to units which have a certificate of occupancy as class
A multiple dwellings; or (9) alterations or improvements commenced on or
after September first, nineteen hundred eighty-seven constituting a
substantial rehabilitation of a class A multiple dwelling, or a
conversion of a building or structure into a class A multiple dwelling,
as part of a program to provide housing for low and moderate income
households as defined by the department of housing preservation and
development pursuant to the rules and regulations promulgated pursuant
to subdivision m of this section, provided that such alterations or
improvements or conversions shall be aided by a grant, loan or subsidy
from any federal, state or local agency or instrumentality, including,
in the discretion of the department of housing preservation and
development, a subsidy in the form of a below market sale from the city
of New York; or (10) alterations or improvements to any private dwelling
or conversion of any private dwelling to a multiple dwelling or
conversion of any multiple dwelling to a private dwelling, provided that
such alterations, improvements or conversions are part of a project that
has applied for or is receiving benefits pursuant to this section and
shall be aided by a grant, loan or subsidy from any federal, state or
local agency or instrumentality. Such conversions, alterations or
improvements shall be completed within thirty months after the date on
which same shall be started except that such thirty month limitation
shall not apply to conversions of residential units which are registered
with the loft board in accordance with article seven-C of the multiple
dwelling law pursuant to paragraph eight of this subdivision.
Notwithstanding the foregoing, a sixty-month period for completion shall
be available for alterations or improvements undertaken by a housing
development fund company organized pursuant to article eleven of the
private housing finance law, which are carried out with the substantial
assistance of grants, loans or subsidies from any federal, state or
local governmental agency or instrumentality or which are carried out in
a property transferred from the city of New York if alterations and
improvements are completed within seven years after the date of
transfer. In addition, the department of housing preservation and
development may grant an extension of the period of completion for any
project carried out with the substantial assistance of grants, loans or
subsidies from any federal, state or local governmental agency or
instrumentality, if such alterations, improvements or conversions are
completed within sixty months from commencement of construction.
Provided, further, that such conversions, alterations or improvements
shall in any event be completed prior to June thirtieth, two thousand
fifteen. Exemption for conversions, alterations or improvements pursuant
to paragraph one, two, three, four, six, seven, eight or ten of this
subdivision shall continue for a period not to exceed fourteen years and
begin no sooner than the first tax period immediately following the
completion of such conversions, alterations or improvements. Exemption
for alterations or improvements pursuant to paragraph five or nine of
this subdivision shall continue for a period not to exceed thirty-four
years and shall begin no sooner than the first tax period immediately
following the completion of such alterations or improvements. Such
exemption shall be equal to the increase in the valuation, which is
subject to exemption in full or proportionally under this subdivision
for ten or thirty years, whichever is applicable. After such period of
time, the amount of such exempted assessed valuation of such
improvements shall be reduced by twenty percent in each succeeding year
until the assessed value of the improvements is fully taxable. Provided,
however, exemption for any conversions, alterations or improvements,
which are aided by a loan or grant under article eight, eight-A, eleven,
twelve, fifteen, or twenty-two of the private housing finance law,
section six hundred ninety-six-a or section ninety-nine-h of the general
municipal law, or section three hundred twelve of the housing act of
nineteen hundred sixty-four (42 U.S.C.A. 1452b), or the
Cranston-Gonzalez national affordable housing act, (42 U.S.C.A. 12701 et
seq.), or started after July first, nineteen hundred eighty-three by a
housing development fund company organized pursuant to article eleven of
the private housing finance law which are carried out with the
substantial assistance of grants, loans or subsidies from any federal,
state or local governmental agency or instrumentality or which are
carried out in a property transferred from the city of New York and
where alterations and improvements are completed within seven years
after the date of transfer may commence at the beginning of any tax
period subsequent to the start of such conversions, alterations or
improvements and prior to the completion of such conversions,
alterations or improvements. The assessed valuation of the land occupied
by such dwelling and any increase in assessed valuation resulting from
conversions, alterations, or improvements other than those made pursuant
to this section shall not be affected by the provisions of this section.
b-1. Notwithstanding the provisions of subdivision b of this section,
alterations, improvements or conversions of any building or structure
that are eligible for benefits pursuant to subdivision b of this section
except insofar as the gross cubic content of such building or structure
is increased thereby shall be eligible for such benefits insofar as the
gross cubic content of such building or structure is increased thereby
provided that:
(1) for all tax lots now existing or hereafter created, at least fifty
percent of the floor area of the completed building or structure
consists of the pre-existing building or structure that was converted,
altered or improved in accordance with subdivision b of this section,
and
(2) for tax lots now existing or hereafter created within the
following area in the borough of Manhattan, such conversions,
alterations or improvements are 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 to the intersection of
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.
(3) For purposes of this subdivision, "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.
(4) Nothing in this subdivision shall be construed to provide tax
abatement benefits pursuant to subdivision c of this section for the
costs attributable to the increased cubic content in any such building
or structure.
c. (1) Except as provided in paragraphs two, three and four of this
subdivision, the taxes upon any real property, including the land, may
be abated each year for a period of not more than twenty years by an
amount no greater than eight and one-third per centum of the reasonable
cost of eligible conversions, alterations or improvements provided in
paragraphs one through eight and paragraph ten of subdivision b of this
section provided that the abatement in taxes in any consecutive
twelve-month period shall in no event exceed the amount of taxes payable
in such twelve-month period; and provided further that alterations or
improvements pursuant to paragraph four of subdivision b of this section
shall only receive the benefits of this section if construction
commenced after January first, nineteen hundred seventy-eight and that
in no event shall the aggregate abatement exceed ninety per centum of
the reasonable cost of conversions, alterations or improvements provided
in paragraphs one, three, four, six, seven, and ten of subdivision b of
this section, or exceed fifty per centum of the reasonable cost of
conversions pursuant to paragraph one of subdivision b of this section
if construction commenced after January first, nineteen hundred
eighty-two and if such conversions are situated on any tax lots
bordering on, or south of, ninety-sixth street in the county of New York
to the extent such abatement is not otherwise restricted herein, or
exceed fifty per centum of the reasonable cost of conversions pursuant
to paragraphs two and eight of subdivision b of this section, or exceed
one hundred per centum of the reasonable cost of alterations or
improvements pursuant to paragraph five of subdivision b of this section
provided that where alterations or improvements pursuant to paragraphs
four and six of subdivision b of this section are done in conjunction
with a conversion pursuant to paragraph two of subdivision b of this
section, the aggregate abatement shall not exceed fifty per centum of
the reasonable cost. Notwithstanding the foregoing, the taxes upon real
property, including the land may be abated for a period of not more than
twenty years at eight and one-third per centum of the reasonable cost of
conversions pursuant to paragraph two of subdivision b of this section
where construction actually commenced in good faith prior to July first,
nineteen hundred eighty pursuant to an alteration permit issued by the
department of buildings prior to July first, nineteen hundred eighty
provided that the aggregate abatement shall not exceed ninety per centum
of the reasonable cost thereof and provided further that in no event
shall the abatement in taxes in any twelve-month period exceed the
amount of taxes payable in such twelve-month period. In no event,
however, shall the aggregate abatement for conversions, alterations or
improvements pursuant to subdivision b of this section exceed such
dollar limit per existing class A dwelling unit or additional unit
created by conversion to a class A multiple dwelling as may be
established pursuant to rules and regulations promulgated by the
department of housing preservation and development pursuant to
subdivision m of this section. Only those items of work set forth in the
itemized cost breakdown schedule contained in rules and regulations
promulgated by the department of housing preservation and development
pursuant to subdivision m of this section shall be eligible for tax
abatement. Such abatement shall commence on the later of July first,
nineteen hundred seventy-eight or the first day of the first tax quarter
following the completion of such construction and the filing for
benefits as provided in subdivision h of this section except that such
period of abatement may commence on the later of the first day of the
first tax quarter following commencement of any conversion, alteration
or improvement or (i) July first, nineteen hundred seventy-six, if aided
by a loan pursuant to article eight of the private housing finance law
and completed after December thirty-first, nineteen hundred
seventy-five; or (ii) July first, nineteen hundred seventy-seven, if
aided by a loan pursuant to article fifteen of the private housing
finance law; or (iii) July first, nineteen hundred eighty, if aided by a
loan pursuant to article eight-A of the private housing finance law; or
(iv) July first, nineteen hundred eighty, if aided by a loan pursuant to
section three hundred twelve of the housing act of nineteen hundred
sixty-four (42 U.S.C.A. §1452b); or (v) July first, nineteen hundred
ninety-two, if started after such date and aided by a loan or grant
under article eleven, twelve, or twenty-two of the private housing
finance law, section six hundred ninety-six-a or section ninety-nine-h
of the general municipal law, or the Cranston-Gonzalez national
affordable housing act (42 U.S.C.A. 12701 et seq.); or (vi) July first,
nineteen hundred eighty-eight, if started after such date by or on
behalf of a company not qualified under any of the above provisions,
which is a not-for-profit corporation qualified pursuant to section
501(c)(3) of the internal revenue code and which has entered into a
regulatory agreement with the local housing agency requiring operation
of the property as housing for low and moderate income persons and
families.
(2) In the case of alterations or improvements pursuant to paragraph
five of subdivision b of this section which are carried out with the
substantial assistance of grants, loans or subsidies from any federal,
state or local agency or instrumentality or any not-for-profit
philanthropic organization one of whose primary purposes is providing
low or moderate income housing or financed with mortgage insurance by
the New York city residential mortgage insurance corporation or the
state of New York mortgage agency or pursuant to a program established
by the federal housing administration for rehabilitation of existing
multiple dwellings in a neighborhood strategy area as defined by the
United States department of housing and urban development, the abatement
of taxes on such property, including the land, shall not exceed the
lesser of the actual cost of the alterations or improvements or one
hundred fifty per centum of the certified reasonable cost of the
alterations or improvements, as determined under regulations of the
department of housing preservation and development, and the annual
abatement of taxes shall not exceed twelve and one-half per centum of
such certified reasonable cost, provided that such abatement shall not
be effective for more than twenty years and the annual abatement of
taxes in any consecutive twelve-month period shall in no event exceed
the amount of taxes payable in such twelve-month period.
(3) In the case of alterations or improvements carried out with the
substantial assistance of grants, loans or subsidies from any federal,
state or local agency or instrumentality or any not-for-profit
philanthropic organization one of whose primary purposes is providing
low or moderate income housing, or financed with mortgage insurance by
the New York city residential mortgage insurance corporation or the
state of New York mortgage agency or pursuant to a program established
by the federal housing administration for rehabilitation of existing
multiple dwellings in a neighborhood strategy area as defined by the
United States department of housing and urban development where such
alterations or improvements are done on property located in census
tracts in which seventy-five percent or more of the population live in
households which earn fifty percent or less of the median household
income of the city, the abatement of taxes on such property, including
the land, shall not exceed the lesser of the actual cost of the
alterations or improvements or one hundred fifty per centum of the
certified reasonable cost of the alterations or improvements, as
determined under regulations of the department of housing preservation
and development, and the annual abatement of taxes shall not exceed
twelve and one-half per centum of such certified reasonable cost,
provided that such abatement shall not be effective for more than twenty
years and the annual abatement of taxes in any consecutive twelve-month
period shall in no event exceed the amount of taxes payable in such
twelve month period.
(4) In the case of alterations, improvements or conversions pursuant
to paragraph nine of subdivision b of this section, the abatement of
taxes on such property, including the land, shall not exceed the lesser
of the actual cost of the alterations or improvements or one hundred
fifty per centum of the certified reasonable cost of the alterations or
improvements, as determined under regulations of the department of
housing preservation and development, and the annual abatement of taxes
shall not exceed twelve and one-half per centum of such certified
reasonable cost, provided that such abatement shall not be effective for
more than twenty years and the annual abatement of taxes in any
consecutive twelve-month period shall in no event exceed the amount of
taxes payable in such twelve-month period.
d. The benefits of this section shall apply:
(1) to any multiple dwelling which is altered, improved or increased
in valuation with aid of a loan provided by the city of New York, the
New York city housing development corporation or the United States
department of housing and urban development for the elimination of
conditions dangerous to human life or detrimental to health, including
nuisances as defined in section three hundred nine of the multiple
dwelling law, or other rehabilitation or improvement whether or not all
of the units thereof were in existence prior to rehabilitation pursuant
to the provisions of: (i) article two, eight or eight-A of the private
housing finance law provided that such dwelling is made available solely
to persons or families of low income as defined in said articles, (ii)
article twelve of the private housing finance law, (iii) article fifteen
of the private housing finance law or (iv) any federal law where the
multiple dwelling is supervised or regulated by the United States
department of housing and urban development.
(2) except as hereinafter provided, to any building or structure which
is converted to a class A multiple dwelling or to any existing dwelling
which is substantially rehabilitated, and further provided that the
rents subsequent to conversion or substantial rehabilitation shall not
exceed such amount as may be fixed: (i) by the United States department
of housing and urban development, (ii) pursuant to the private housing
finance law of the state of New York, or (iii) pursuant to chapter three
or chapter four of title twenty-six of the code, provided that the
initial legal regulated rent for the dwelling units shall be the rent
charged and paid by the initial tenant and registered with the New York
state division of housing and community renewal. Buildings or structures
which are converted to class A multiple dwellings and existing dwellings
which are substantially rehabilitated shall contain bedrooms in a number
equal to at least fifty percent of the apartments created where an
alteration permit has been issued by the department of buildings prior
to April first, nineteen hundred eighty and seventy-five percent of the
apartments created where an alteration permit has been issued by the
department of buildings on or after April first, nineteen hundred eighty
provided, however, that if a building or structure is converted from a
non-residential use to a class A multiple dwelling and the units therein
contain an average floor area of one thousand square feet, such
requirement as to the number of bedrooms shall not be applicable and if
an existing dwelling is substantially rehabilitated, the seventy-five
percent bedroom requirement shall be reduced to the extent its
application would necessitate a reduction in the number of units which
are contained in the existing dwelling prior to commencement of
substantial rehabilitation.
(3) to any multiple dwelling, building or structure otherwise eligible
for any of the benefits of this section which:
(i) is operated exclusively for the benefit of persons or families who
are or will be entitled to occupancy by reason of ownership of stock or
membership in the corporate owner, or for the benefit of such persons or
families and other persons or families entitled to occupancy under
applicable provisions of law without ownership of stock or membership in
the corporate owner, or (ii) is owned as a condominium and is occupied
as the residence or home of three or more families living independently
of each other; provided, however, that, in addition to all other
conditions of eligibility for the benefits of this section, except for
multiple dwellings in which units have been newly created by substantial
rehabilitation of vacant buildings or conversions of non-residential
buildings, the availability of benefits under this section for such
multiple dwellings, buildings or structures shall be conditioned on the
following: (a) alterations or improvements to at least one building-wide
system are part of the application for benefits, and (b) (i) the
assessed valuation of such multiple dwelling, building, or structure,
including land, shall not exceed an average of thirty thousand dollars
per dwelling unit at the time of the commencement of the alterations or
improvements, and (ii) during the three years immediately preceding the
commencement of the alterations or improvements the average per room
sale price of the dwelling units or the stock allocated to such dwelling
units shall have been no greater than thirty-five percent of the maximum
mortgage amount for a single family home eligible for purchase by the
Federal National Mortgage Association; provided that if less than ten
percent of the dwelling units or an amount of stock less than the amount
allocable to ten percent of such dwelling units was not transferred
during such preceding three year period, eligibility for benefits shall
be conditioned upon the multiple dwelling, building, or structure having
an assessed valuation per dwelling unit of no more than twenty-five
thousand dollars at the time of the commencement of the alterations or
improvements. Provided, further, that such benefits shall be available
only for alterations or improvements commenced on or after June first,
nineteen hundred eighty-six.
Notwithstanding the foregoing, the benefits of this section shall be
available for any alterations or improvements commenced after August
seventh, nineteen hundred ninety-two for such multiple dwellings,
buildings or structures and shall be conditioned on the following: (1)
the application for benefits may include any item of work designated in
the rules adopted by the department of housing preservation and
development as a major capital improvement or asbestos abatement to the
extent such asbestos abatement is required by federal, state and local
law; and (2) (i) the assessed valuation of such multiple dwelling,
building or structure, including land, shall not exceed an average of
forty thousand dollars per dwelling unit at the time of the commencement
of the alterations or improvements; and (ii) the average per room sale
price of the dwelling units or the stock allocated to such dwelling
units shall have been no greater than thirty-five percent of the maximum
mortgage amount for a single family home eligible for purchase by the
Federal National Mortgage Association during the three years immediately
preceding the commencement of the alterations or improvements; provided
that if less than ten percent of the dwelling units or an amount of
stock less than the amount allocable to ten percent of such dwelling
units was not transferred during such preceding three year period,
eligibility for benefits shall be conditioned upon the multiple
dwelling, building, or structure having an assessed valuation per
dwelling unit of no more than forty thousand dollars at the time of the
commencement of the alteration or improvement. Notwithstanding the
foregoing, benefits shall also be available under this section for work
completed in any such multiple dwelling, building or structure within
the first three years of its conversion to cooperative or condominium
ownership, as evidenced by the date on which the first closing in a
condominium to a bona fide purchaser occurs or in the case of a
cooperative, the date on which the shares allocable to a unit are
conveyed to a bona fide purchaser, provided, however, that the
availability of such benefits for conversions, alterations or
improvements commenced prior to June first, nineteen hundred eighty-six,
except with respect to governmentally assisted projects as defined in
regulations issued by the department of housing preservation and
development, shall be conditioned upon the completion of such
conversions, alterations or improvements within three years after
acceptance for filing of the prospectus to establish such cooperative or
condominium entity by the attorney general of the state of New York. The
maximum amount of tax abatement which may be received in any tax period
under this section by any such multiple dwelling, building or structure
for any alterations and improvements commenced three or more years after
its initial conversion to cooperative or condominium ownership shall be
limited to an amount not in excess of two thousand five hundred dollars
per dwelling unit of the certified reasonable cost of the alterations or
improvements as determined under regulations of the department of
housing preservation and development.
(3-a) Notwithstanding any contrary provision of paragraph three of
this subdivision, the availability of any benefits under this section to
any multiple dwelling, building or structure owned and operated by a
limited-profit housing company established pursuant to article two of
the private housing finance law shall not be conditioned upon the
assessed valuation of such multiple dwelling, building or structure,
including land, as calculated as an average dollar amount per dwelling
unit, at the time of the commencement of the alterations or
improvements; provided, however, that such limited-profit housing
company (i) is organized and operating as a mutual company, (ii)
continues to be organized and operating as a mutual company and to own
and operate the multiple dwelling, building or structure receiving such
benefits, and (iii) has entered into a binding and irrevocable agreement
with the commissioner of housing of the state of New York, the
supervising agency, the New York city housing development corporation,
or the New York state housing finance agency prohibiting the dissolution
or reconstitution of such limited-profit housing company pursuant to
section thirty-five of the private housing finance law for not less than
fifteen years from the commencement of such benefits. For the purposes
of this paragraph, the terms "mutual company" and "supervising agency"
shall have the same meanings as set forth in section two of the private
housing finance law.
(3-b) Notwithstanding any contrary provision of paragraph three of
this subdivision, the availability of any benefits under this section to
any multiple dwelling, building or structure owned and operated by a
redevelopment company established pursuant to article five of the
private housing finance law shall not be conditioned upon the assessed
valuation of such multiple dwelling, building or structure, including
land, as calculated as an average dollar amount per dwelling unit, at
the time of the commencement of the alterations or improvements;
provided, however, that such redevelopment company (i) is organized and
operating as a mutual redevelopment company, (ii) continues to be
organized and operating as a mutual redevelopment company and to own and
operate the multiple dwelling, building or structure receiving such
benefits, and (iii) has entered into a binding and irrevocable agreement
with the commissioner of housing and community renewal of the state of
New York, the supervising agency, the New York city housing development
corporation, or the New York state housing finance agency prohibiting
the dissolution or reconstitution of such redevelopment company pursuant
to section one hundred twenty-three of the private housing finance law
until the earlier to occur of (i) fifteen years from the commencement of
such benefits, or (ii) the expiration of any tax exemption granted to
such redevelopment company pursuant to section one hundred twenty-five
of the private housing finance law. For the purposes of this paragraph,
the terms "mutual" and "supervising agency" shall have the same meanings
as set forth in section one hundred two of the private housing finance
law.
(4) provided that, in the case of any building or structure: (i) in
which conversion, alteration or improvement commences on or after
January first, nineteen hundred eighty-two, and (ii) which is located in
the county of New York within an area designated herein as a minimum tax
zone, the benefits of this section shall not be applied to abate or
reduce the taxes upon the land portion of such real property, which
shall continue to be taxed based upon the assessed valuation of the land
and the applicable tax rate at the time such taxes are levied; provided,
however, that the foregoing limitation with respect to abatement of
taxes shall not apply:
(A) to any multiple dwelling which is eligible for benefits based upon
moderate rehabilitation pursuant to paragraph five of subdivision b of
this section, or (B) to any multiple dwelling which is governmentally
assisted as such term is defined in regulations to be promulgated by the
department of housing preservation and development pursuant to
subdivision m of this section.
(5) provided that in the case of any building or structure: (i) in
which conversion, alteration or improvement commences on or after
January first, nineteen hundred eighty-two, and (ii) which is located in
the county of New York within an area designated herein as a tax
abatement exclusion zone, the benefits of this section shall not be
applied to abate or reduce the taxes upon such real property, which
shall continue to be taxed based upon the assessed valuation of the land
and the improvements and the applicable tax rate at the time such taxes
are levied; provided, however, that the foregoing limitation shall not
deprive such real property of any benefits of exemption from taxation of
an increase in assessed valuation to which it is entitled pursuant to
this section; provided, however, that the foregoing limitation with
respect to abatement of taxes shall not apply:
(A) to any alteration or improvement designated as a major capital
improvement, by the regulations promulgated by the department of housing
preservation and development pursuant to subdivision m of this section,
provided that the maximum amount of tax abatement which may be received
in any tax period under this section by any such multiple dwelling,
building or structure for any alterations and improvements shall be
limited to an amount not in excess of twenty-five hundred dollars per
dwelling unit of the certified reasonable cost of the alterations and
improvements as determined under regulations of the department of
housing preservation and development, or (B) to any multiple dwelling
which is governmentally assisted as such term is defined by said
regulations.
(6) For purposes of this subdivision, the minimum tax zone in the
county of New York shall be as follows: all tax lots now existing or
hereafter created within the following designated area or adjacent to
either side of any street forming the boundary of such designated area,
which area is bounded and described as follows:
BEGINNING at Central Park West and 86th Street; thence easterly along
86th Street to the East River; thence southerly along the easterly
boundary of New York county to 23rd Street; thence westerly along 23rd
Street to Third Avenue; thence southerly along Third Avenue to 14th
Street; thence westerly along 14th Street to Broadway; thence southerly
along Broadway to Houston Street; thence westerly along Houston Street
to West Street; thence northerly along West Street to 14th Street;
thence easterly along 14th Street to 9th Avenue; thence northerly along
Ninth Avenue to 57th Street; thence westerly along 57th Street to the
Hudson River; thence northerly along the westerly boundary of New York
county to 72nd Street; thence easterly along 72nd Street to Central Park
West; thence northerly along Central Park West to 86th Street and
Central Park West, which is the place of beginning.
(7) For purposes of this subdivision, the tax abatement exclusion zone
in the county of New York shall be as follows: all tax lots within the
following designated area or adjacent to either side of any street
forming the boundary of such designated area or adjacent to either side
of any street designated as included in such area, which area is bounded
and described as follows:
BEGINNING at the intersection of 96th Street and Central Park West;
thence easterly to Park Avenue; thence southerly along Park Avenue to
the intersection of Park Avenue and 72nd Street; thence easterly along
72nd Street to York Avenue; thence northerly along York Avenue to the
Franklin Delano Roosevelt Drive; thence north-westerly along the
Franklin Delano Roosevelt Drive to as far as 96th Street; thence
easterly to the easterly border of New York county; thence southerly
along such border to 34th Street; thence westerly along 34th Street to
8th Avenue; thence northerly, along 8th Avenue and Central Park West as
far as 96th Street, which is the place of beginning. Additionally, the
following North/South and East/West thoroughfares shall be included in
the tax abatement exclusion zone: 96th Street between Central Park West
and the East River; 86th Street between Central Park West and the East
River; 79th Street between West End Avenue and the East River; 72nd
Street between West End Avenue and the East River; West End Avenue from
72nd Street to 86th Street; and Riverside Drive from 72nd Street to 96th
Street.
(8) Limitation on benefits. (a) The provisions of this paragraph shall
apply to all conversions, alterations and improvements except the
following:
(i) alterations or improvements under paragraphs four, six and seven
of subdivision b of this section, where carried out:
(A) with the substantial assistance of grants, loans or subsidies from
any federal, state or local agency or instrumentality, or any
not-for-profit philanthropic organization one of whose primary purposes
is providing low or moderate incoming housing; or
(B) with mortgage insurance by the New York city residential mortgage
insurance corporation or the state of New York mortgage agency; or
(C) in the areas bounded and described as follows:
AREAS IN THE COUNTY OF BRONX:
MOTT HAVEN--The area bounded by East 159th Street; Third Avenue; East
161st Street; Prospect Avenue; East 149th Street; Jackson Avenue;
Bruckner Expressway; Major Deegan Expressway; Morris Avenue; East 149th
Street and Park Avenue.
ALDUS GREEN--The area bounded by East 169th Street; East 167th Steet;
Westchester Avenue; Sheridan Expressway; Longfellow Avenue; Randall
Avenue; Tiffany Street; Longwood Avenue; Bruckner Expressway; East 149th
Street; and, Prospect Avenue.
MORRISANIA--The area bounded by Cross Bronx Expressway; Park Avenue;
East 174th Street; Washington Avenue; Cross Bronx Expressway; Arthur
Avenue; Crotona Park North; Waterloo Place; East 175th Street; Southern
Boulevard; Cross Bronx Expressway; Sheridan Expressway; East 167th
Street; East 169th Street; Prospect Avenue; East 161st Street; Third
Avenue; East 159th Street; Park Avenue; and, Webster Avenue.
HIGHBRIDGE-CONCOURSE--The area bounded by Washington Bridge-Cross
Bronx Expressway; Webster Avenue; Park Avenue; East 149th Street; and,
the Harlem River.
WEST TREMONT--The area bounded by West Fordham Road; East Fordham
Road; Webster Avenue; Cross Bronx Expressway; George Washington Bridge;
and, the Harlem River.
BELMONT-BRONX PARK SOUTH--The area bounded by Southern Boulevard;
Bronx Park South; Boston Road; East 180th Street; Bronx River Parkway;
Cross Bronx Expressway; Crotona Parkway; East 175th Street; Waterloo
Place; Crotona Park North; Arthur Avenue; Cross Bronx Expressway;
Washington Avenue; East 174th Street; Park Avenue; Cross Bronx
Expressway; and, Webster Avenue.
KINGSBRIDGE--The area bounded by Van Cortlandt Park South; West Gun
Hill Road; Jerome Avenue; Bainbridge Avenue; East 211th Street and its
prolongation; Conrail right of way; Bedford Park Boulevard; Webster
Avenue; East Fordham Road; West Fordham Road; the Harlem River; Marble
Hill Avenue; West 230th Street; Riverdale Avenue; Greystone Avenue;
Waldo Avenue; Manhattan College Parkway; and, Broadway.
SOUND VIEW--The area bounded by the Cross Bronx Expressway; Bronx
River Parkway; East Tremont Avenue; White Plains Road; Randall Avenue;
Olmstead Avenue; Lacombe Avenue; Westchester Creek; East River; Bronx
River; Westchester Avenue; and, Sheridan Expressway.
PELHAM PARKWAY--The area bounded by Adee Avenue; Mathews Avenue;
Williamsbridge Road; Pelham Parkway South; Yates Avenue; Lydig Avenue;
Williamsbridge Road; Neil Avenue; Bogart Avenue; East Tremont Avenue;
Bronx River Parkway; and, Bronx Park East.
AREAS IN THE COUNTY OF KINGS:
WILLIAMSBURG--The area bounded by Metropolitan Avenue; Union Avenue;
Conselyea Street; Wood Point Road; Frost Street; Morgan Avenue; Meserole
Street; Bushwick Avenue; Flushing Avenue; Union Avenue; Division Avenue;
and, the East River.
BEDFORD-STUYVESANT--The area bounded by Myrtle Avenue; Broadway; Ralph
Avenue; Atlantic Avenue; and, Nostrand Avenue.
BUSHWICK--The area bounded by Flushing Avenue; Cypress Avenue; Menahan
Street; St. Nicholas Avenue; Gates Avenue; Wyckoff Avenue; Eldert
Street; Irving Avenue; Chauncey Street; Central Avenue; property line of
the Cemetery of the Evergreens; Conway Street; and, Broadway.
EAST-NEW YORK--The area bounded by Jamaica Avenue; Elderts Lane;
Atlantic Avenue; Fountain Avenue; New Lots Avenue; and, Sheffield
Avenue.
SOUTH BROOKLYN (A)--The area bounded by The Buttermilk Channel;
Congress Street; Hicks Street; Hamilton-Gowanus Parkway; the Gowanus
Canal; and, the Gowanus Bay.
SOUTH BROOKLYN (B)--The area bounded by Fourth Avenue; Pacific Street;
Flatbush Avenue; Sixth Avenue; and, 15th Street.
SUNSET PARK--The area bounded by the Upper New York Bay; the Gowanus
Bay; 15th Street; Prospect Park S.W.; Coney Island Avenue; Caton Avenue;
Fort Hamilton Parkway; 37th Street; Eighth Avenue; Long Island Railroad
right of way; Gowanus Expressway; 64th Street; Shore Parkway; and, the
Long Island Railroad right of way.
CROWN HEIGHTS--The area bounded by Pacific Street; Vanderbilt Avenue;
Atlantic Avenue; Ralph Avenue; East New York Avenue; Utica Avenue;
Winthrop Street; Flatbush Avenue; Parkside Avenue; Ocean Avenue; Empire
Boulevard; Washington Avenue; Eastern Parkway; Grand Army Plaza; and,
Flatbush Avenue.
CONEY ISLAND--The area bounded by the Coney Island Creek; Stillwell
Avenue; the Boardwalk West; and, West 37th Street.
FLATBUSH--The area bounded by Parkside Avenue; Flatbush Avenue;
Winthrop Street; New York Avenue; Clarendon Road; East 31st Street;
Newkirk Avenue; Nostrand Avenue; Foster Avenue; New York Avenue; Avenue
H; Flatbush Avenue; Avenue K; and, Coney Island Avenue.
EAST FLATBUSH--The area bounded by Clarkson Avenue; Utica Avenue; East
New York Avenue; East 98th Street; Church Avenue; Ralph Avenue;
Clarendon Road; and, New York Avenue.
BROWNSVILLE--The area bounded by Broadway; Rockaway Avenue; Atlantic
Avenue; East New York Avenue; Christopher Avenue; Glenmore Avenue;
Powell Street; Sutter Avenue; Van Sinderen Avenue; Dumont Avenue; Junius
Street; Livonia Avenue; Stone Avenue; Linden Boulevard; Rockaway Avenue;
Hegeman Avenue; Hopkinson Avenue; Riverdale Avenue; East 98th Street;
East New York Avenue; Ralph Avenue; Atlantic Avenue; and, Saratoga
Avenue.
AREAS IN THE COUNTY OF NEW YORK:
LOWER EAST SIDE--The area bounded by East 14th Street; the East River;
Delancey Street; Chrystie Street; East Houston Street; and, Avenue A.
MANHATTAN VALLEY--The area bounded by Cathedral Parkway (West 110th
Street); Central Park West; West 100th Street; and, Broadway.
EAST HARLEM--The area bounded by East 142nd Street; the Harlem River;
East 96th Street; and, Fifth Avenue.
CENTRAL HARLEM--The area bounded by West 145th Street; the Harlem
River; Fifth Avenue; Cathedral Parkway (West 110th Street); Morningside
Avenue; West 123rd Street; St. Nicholas Avenue; West 141st Street; and,
Bradhurst Avenue.
HAMILTON HEIGHTS--The area bounded by West 155th Street; Bradhurst
Avenue; West 141st Street; Convent Avenue; West 140th Street; Amsterdam
Avenue; West 133rd Street; and, Riverside Drive.
WASHINGTON HEIGHTS--The area bounded by the Harlem River; Teunissen
Place; West 230th Street; Marble Hill Lane; the Harlem River; West 155th
Street; and, the Hudson River.
AREAS IN THE COUNTY OF QUEENS:
HALLETS POINTS--The area bounded by the East River-East Channel,
Hallets Cove and Pot Cove; Hoyt Avenue South; 21st Street; 31st Avenue;
Vernon Boulevard; and, 35th Avenue.
JACKSON HEIGHTS-CORONA-EAST ELMHURST--The area bounded by Grand
Central Parkway; Long Island Railroad right of way; 110th Street; Corona
Avenue; Long Island Expressway; Junction Boulevard; Roosevelt Avenue;
and, Brooklyn-Queens Expressway East.
RIDGEWOOD--The area bounded by Grand Avenue; Rust Street; 59th Drive;
60th Street; Bleecker Street; Forest Avenue; Myrtle Avenue; the Long
Island Railroad right of way; and, Queens-Brooklyn boundary line.
JAMAICA SOUTH--The area bounded by the Long Island Railroad right of
way; New York Boulevard; Southern Parkway (Sunrise Highway) and, Van
Wyck Expressway.
FAR ROCKAWAY--The area bounded by the Jamaica Bay-Mott Basin;
Queens-Nassau boundary line; Far Rockaway Beach; Beach 32nd Street; and,
Norton Drive.
AREAS IN THE COUNTY OF RICHMOND:
PORT RICHMOND--The area bounded by the Kill Van Kull; Jewett Avenue
and its prolongation; Forest Avenue; and, the Willow Brook Expressway.
NEW BRIGHTON--The area bounded by the Kill Van Kull; Westervelt
Avenue; Brook Street; Castleton Avenue; and, North Randall Avenue and
its prolongation.
STAPLETON--The area bounded by Victory Boulevard; the Upper New York
Bay; Vanderbilt Avenue; Van Duzer Street; Cebra Avenue; and, St. Pauls
Avenue.
FOX HILLS--The area bounded by Vanderbilt Avenue; the Upper New York
Bay; the Staten Island Rapid Transit Railway right of way; and, the
Staten Island Expressway.
(D) pursuant to a program established by the federal housing
administration, federal national mortgage association, federal home loan
mortgage corporation or government national mortgage association for the
rehabilitation of existing multiple dwellings for persons of low or
moderate income, or a program of mortgage insurance for the
rehabilitation of existing multiple dwellings pursuant to section two
hundred twenty-three-f of the national housing act as amended, or a
program of mortgage insurance established by the federal housing
administration for the rehabilitation of existing multiple dwellings for
persons of low or moderate income; provided that properties receiving
benefits under such programs are located in a neighborhood strategy
area, as defined, by the United States department of housing and urban
development, or in one of the areas listed in subparagraph (C) of this
paragraph.
(ii) alterations or improvements under paragraph five of subdivision b
of this section; and
(iii) conversion of residential units qualified for the protection of
article seven-C of the multiple dwelling law under paragraph eight of
subdivision b of this section.
(b) Abatement limitations. (i) The amount of abatement under
subdivision c of this section shall not exceed the certified reasonable
cost of the conversion, alteration or improvement, as determined under
regulations of the department of housing preservation and development,
provided that the amount of certified reasonable cost eligible for
abatement under this section shall not exceed fifteen thousand dollars
for a dwelling unit of three and one-half rooms, as determined under the
applicable zoning resolution, and a comparable amount for dwelling units
of other sizes, determined under regulations of the department of
housing preservation and development, and further provided that the
amount of certified reasonable cost eligible for abatement under this
section may exceed fifteen thousand dollars or such comparable amount
per dwelling unit, but not more than twenty-five percent above such
amount, upon application of the property owner and a determination by
the department of housing preservation and development that:
(A) in the case of a conversion under paragraph one, two or three of
subdivision b of this section, the increased cost is necessary to comply
with applicable law; or
(B) in the case of an alteration or improvement under paragraph seven
of subdivision b of this section, the increased cost is necessary to
eliminate the unhealthy or dangerous conditions or replace the
inadequate and obsolete facilities in a satisfactory manner; or
(C) in the case of an alteration or improvement under paragraph six of
subdivision b of this section, the increased cost is necessary to
conserve energy in a satisfactory manner; or
(D) in the case of an alteration or improvement under paragraph four
of subdivision b of this section, the increased cost, to the extent such
cost is not offset by any and all tax credits received as a result of
the alteration or improvement, is necessary to comply with any provision
of law regulating historic or landmark buildings or structures.
(ii) Notwithstanding any other provisions of this subparagraph, and in
addition to all other conditions of eligibility for the benefits of this
section, the availability of abatements pursuant to subdivision c of
this section for any multiple dwellings, buildings or structures not
owned as a condominium or cooperative, except for multiple dwellings in
which units have been newly created by substantial rehabilitation of
vacant buildings or conversions of non-residential buildings, shall be
conditioned on the assessed valuation of such multiple dwelling,
building or structure, including land, not exceeding an average of
thirty thousand dollars per dwelling unit at the time of commencement of
the alterations or improvements, provided, however, that such average
shall not exceed $40,000 per dwelling unit at the time of commencement
of the alteration or improvement for alterations or improvements
commenced after the effective date of this local law, which added this
amendment.
(c) Exemption limitations. (i) The increase in assessed valuation of
the real property resulting from the conversion, alteration or
improvement under subdivision b of this section, shall be exempt from
taxation as provided in this section, only to the extent provided in
this subparagraph, provided that this subparagraph shall not apply to
any conversions, alterations or improvements commenced on or after June
first, nineteen hundred eighty-six, unless such conversions, alterations
or improvements are carried out in buildings or structures located in
the borough of Manhattan south of or adjacent to the south side of one
hundred tenth street. The amount of the increased assessed valuation
that is exempt from taxation shall depend on the amount of the total
assessed value per dwelling unit calculated by dividing the amount of
the total assessed valuation of the property, as determined under the
real property tax law, by the number of dwelling units in the building
after completion of the conversion, alteration or improvement. The
amount of increased assessed valuation that will be exempt from taxation
for buildings with total assessed valuation per dwelling unit of less
than thirty-eight thousand dollars shall be calculated pursuant to the
following formula: (A) any portion of total assessed valuation of the
property attributable to the first eighteen thousand dollars of total
assessed valuation per dwelling unit, to the extent it represents
increased assessed valuation, shall be one hundred percent exempt; (B)
any portion of total assessed valuation attributable to the next four
thousand dollars of total assessed valuation per dwelling unit, to the
extent it represents increased assessed valuation, shall be seventy-five
percent exempt; (C) any portion of total assessed valuation attributable
to the next four thousand dollars of total assessed valuation per
dwelling unit, to the extent it represents increased assessed valuation,
shall be fifty percent exempt; (D) any portion of total assessed
valuation attributable to the next four thousand dollars of total
assessed valuation per dwelling unit, to the extent it represents
increased assessed valuation, shall be twenty-five percent exempt; (E)
any portion of total assessed valuation attributable to the next eight
thousand dollars of total assessed valuation per dwelling unit, to the
extent it represents increased assessed valuation per dwelling unit,
shall be fully taxable. Property with a total assessed valuation per
dwelling unit of thirty-eight thousand dollars or more shall not be
eligible for a tax exemption under this section.
(ii) In calculating the amount of increased assessed valuation that
will be exempt from taxation pursuant to the formula in clause (i) of
this subparagraph, the full amount of total assessed valuation that does
not represent increased assessed valuation shall be applied in such
formula prior to the inclusion of any amount of increased assessed
valuation.
(iii) Where the real property is occupied in part for residential
purposes and in part for non-residential purposes, the assessed
valuation of the property shall be appropriately allocated between the
residential and non-residential portions. In computing the total
assessed valuation per dwelling unit under this subparagraph, only the
amount of valuation so allocated to the residential portion shall be
considered.
(iv) Commencing with the assessment roll for the year nineteen hundred
eighty-four, where there has been a change in the level of assessment
from the assessment roll of the prior year of properties receiving
exemptions under this section, the department of finance may petition
the state board to certify the percentage of such change for the
purposes of this section. In such petition, the department of finance
shall submit such information as the state board shall require in order
to certify the percentage of such change. The state board may also make
such a certification on its own motion. Upon receipt of such
certification from the state board, the department of housing
preservation and development may modify the dollar values of total
assessed valuation per dwelling unit in clause (i) of this subparagraph
to reflect the percentage change in the level of assessment as shown in
such certification. As used in this subparagraph, the term "change in
the level of assessment" means the net increase or decrease in the
assessed valuation of properties in the assessing unit that received
exemptions under this section in the current year as compared to those
that received exemptions under this section in the prior year as a
result of assessing such properties at a higher or lower ratio of full
value.
(v) (A) Notwithstanding the provisions of clause (i) of this
subparagraph, the department of housing preservation and development may
reduce or remove the limitations on the exemption from taxation provided
in such clause with respect to a particular property undergoing
alteration or improvement, upon application of the property owner and a
determination by such department that the increased benefit will
increase the number of dwelling units that will be affordable to persons
of low and moderate income, and the increased benefit is necessary to
make economically viable units or improvement in the quality of dwelling
units that will be affordable to persons of low or moderate income.
(B) As used in this subparagraph, the term "persons of low or moderate
income" shall mean persons who would qualify for housing subsidies
pursuant to section two hundred thirty-five of the national housing act,
as amended, at one hundred thirty-five percent of the income limitations
provided therein.
(C) Upon receiving an application under this subparagraph in proper
form, the department of housing preservation and development shall
immediately submit it to the community board for the area in which the
project is located, which may, within forty-five days of receiving it
and after a public hearing, make recommendations to the department as to
the application. The department shall act on the application within
sixty days of receiving it from the property owner in proper form, but
not before expiration of the time for the community board to make its
recommendations, unless the board has acted sooner.
(d) The department of housing preservation and development may set
forth preliminarily the terms of a determination under subparagraph (b)
or (c) of this paragraph prior to the commencement of the conversion,
alteration or improvement. Any such determination shall take effect
after completion of the work in accordance with the terms of the
application made by the property owner.
(e) Any determination of the department of housing preservation and
development to increase an abatement under subparagraph (b) of this
paragraph, or to reduce or remove the exemption limitations under
subparagraph (c) of this paragraph shall state the basis for the
determination and the data on which the determination was based. Such
determination shall be published in the City Record for five consecutive
days after the determination is rendered.
d-1. (1) A group of multiple dwellings which was developed as a
planned community and which is owned as two separate condominiums
containing a total of ten thousand or more dwelling units shall be
eligible for tax exemption and abatement as provided in this
subdivision.
(2) any increase in assessed valuation resulting from alterations or
improvements financed with substantial governmental assistance to one or
more multiple dwellings in a planned community described in paragraph
one of this subdivision shall be exempt from taxation for local
purposes. Such exemption shall be equal to the increase in the valuation
which is subject to exemption under this paragraph for thirty years.
After such period of time, the amount of such exempted assessed value
shall be reduced by twenty percent in each succeeding year until the
assessed value of the alterations or improvements is fully taxable. Such
exemption may commence at the beginning of any tax quarter subsequent to
the start of such alterations or improvements. In no event shall such
alterations or improvements directly or indirectly result in an
equalization increase in the assessed valuation of any multiple dwelling
forming part of the planned community where such alterations or
improvements are performed.
(3) the taxes on a planned community described in paragraph one of
this subdivision, including the land, may be abated by an amount not to
exceed the greater of (i) one hundred fifty per centum of the certified
reasonable cost of the alterations or improvements, as determined under
the rules of the department of housing preservation and development, and
(ii) the construction cost of the alterations or improvements identified
in such rules. Such abatement shall not be effective for more than
twenty years and the annual abatement of taxes in any consecutive
twelve-month period shall not be greater than ten per centum of the
total abatement granted and shall not exceed the amount of taxes payable
in such consecutive twelve-month period. Such abatement shall begin no
sooner than the first quarterly tax bill immediately following the
completion of such alterations or improvements. The limitations set
forth in the second paragraph of paragraph three of subdivision d of
this section for multiple dwellings, buildings and structures owned as
condominiums shall be inapplicable to benefits granted pursuant to this
subdivision. Abatement benefits granted pursuant to this subdivision
shall be apportioned among all of the condominium tax lots within the
condominium in which the alterations or improvements are made, although
such alterations or improvements may have been made to one or fewer than
all of the multiple dwellings therein.
(4) in the event that multiple alterations or improvements are
undertaken in a planned community described in paragraph one of this
subdivision and separate applications for benefits therefor are made,
all requirements concerning physical condition of and compliance with
law by the multiple dwellings in such planned community shall apply only
upon completion of all such alterations or improvements, provided that
all such alterations or improvements are completed within six years.
(5) except as provided in this subdivision, all of the requirements
imposed by this section on projects described in subdivision b of this
section shall be applicable to alterations or improvements granted
benefits pursuant to this subdivision.
(6) this subdivision shall be applicable only to alterations or
improvements completed prior to December thirty-first, two thousand
five.
(7) Alterations and improvements receiving tax benefits under this
subdivision shall not be used as the basis of an application for a major
capital improvement rent increase under state laws governing rent
control and rent stabilization, provided, however, that such alterations
and improvements may be eligible for a major capital improvement
increase in an amount not to exceed the amount of the decrease in rents
that occurs as a result of the installation of individual electrical
metering for the residential units. Such major capital improvement
increase shall be implemented on a per unit basis.
e. Notwithstanding any provision of this section or any other section
of the code to the contrary, where such dwelling is in an area where a
plan of redevelopment, program of neighborhood improvement, housing
maintenance, demonstration rehabilitation or concentrated code
enforcement is being carried out, the rents subsequent to conversion,
alteration or improvement may exceed the maximum amount allowable
pursuant to chapter four of title twenty-six of the code where necessity
for the adjustment of such rents is certified by the department of
housing preservation and development.
f. Subject to the provisions of subdivision d of this section, the
department of housing preservation and development shall determine and
certify the reasonable cost of any such conversions, alterations or
improvements and eligibility for the benefits of this section and for
that purpose may adopt rules and regulations, administer oaths to and
take the testimony of any person, including but not limited to the owner
of such property, may issue subpoenas requiring the attendance of such
persons and the production of such bills, books, papers or other
documents as it shall deem necessary, may make preliminary estimates of
the maximum reasonable cost of such conversions, alterations or
improvements, may establish maximum allowable costs of specified units,
fixtures or work in such conversions, alterations or improvements, and
may require the submission of plans and specifications of such
conversions, alterations or improvements, and may require the submission
of plans and specifications of such conversions, alterations or
improvements before the start thereof. Applications for certification
shall include all bills and other documents showing the cost of
construction or such other evidence of such cost as shall be
satisfactory to the department of housing preservation and development,
including, without limitation, certification of cost by a certified
public accountant in accordance with generally accepted accounting
principles. Applications for certification for a building eligible for
benefits pursuant to paragraph three of subdivision d of this section,
for alterations or improvements completed more than three years after
its conversion to cooperative or condominium ownership, shall include
such documentation of the sale price of dwelling units or stock
allocated to such dwelling units as may be required by the department of
housing preservation and development, including but not limited to
certification of sales price by a certified public accountant. In
addition, such applications shall contain the consent of the applicant
to allow the department of housing preservation and development access
to records, including but not limited to other tax records, as the
department may deem appropriate to enforce such conditions of
eligibility. Applications for certification filed for conversions,
alterations or improvements completed after December thirty-first, two
thousand eleven pursuant to paragraphs one through seven and paragraph
nine of subdivision b of this section shall be made after completion and
within thirty-six months following the start of construction of the
conversion, alteration or improvement, except that applications for
certification for alterations or improvements undertaken by a housing
development fund company organized pursuant to article eleven of the
private housing finance law, which are carried out with the substantial
assistance of grants, loans or subsidies from any federal, state or
local governmental agency or instrumentality or which are carried out in
a property transferred from the city of New York shall be made after
completion and within seventy-two months following the start of the
construction of the alteration or improvement. Provided, however, the
department of housing preservation and development is empowered to grant
an extension of the period for application for any project carried out
with the substantial assistance of loans, grants or subsidies from any
federal, state or local governmental agency or instrumentality, if such
application is made within seventy-two months from commencement of
construction. Applications for certification pursuant to paragraph eight
of subdivision b of this section shall be filed within twelve months of
the date of completion as provided by such subdivision.
g. To the end that conversions, alterations or improvements in such
property shall interfere as little as practicable with the clearance,
rehabilitation or rebuilding of sub-standard and insanitary areas and
shall be confined to buildings and structures which are structurally
sound and comply with applicable provisions of law, eligibility for the
benefits of this section shall be restricted to such buildings and
structures which the department of housing preservation and development
shall certify:
(1) to be structurally sound and to comply with applicable provisions
of law, as determined by the department of buildings, which
certification shall be evidenced by a certificate describing the
property involved; and
(2) if in an area for which a final plan of clearance, replanning,
reconstruction, rehabilitation, or redevelopment has been approved
pursuant to article fifteen of the general municipal law, or if in an
area for which an urban renewal plan or tests, studies or demonstrations
have been approved pursuant to article fifteen of the general municipal
law, to be improved in conformity with such replanning, reconstruction,
rehabilitation, redevelopment, tests, studies, demonstrations or plan;
and
(3) if in an area where a program of local neighborhood improvement or
housing maintenance is being carried out, to be in conformity with such
program.
h. Application forms for the benefits of this section shall be filed
with the department of finance within the time periods to be established
by rules and regulations promulgated by the department of housing
preservation and development pursuant to subdivision m of this section.
The department of finance shall certify the amount of taxes to be
abated, pursuant to the certification of the department of housing
preservation and development as herein provided. No such application
shall be accepted unless accompanied by a copy of the certificate of the
department of housing preservation and development both as to reasonable
cost and as to eligibility as provided in subdivision f of this section.
i. The benefits of this section shall not apply:
(1) except as provided in subdivision d of this section, to any
existing dwelling which is not subject to the provisions of the
emergency housing rent control law or to the city rent and
rehabilitation law or to the city rent stabilization law or to the
private housing finance law or to any federal law providing for
supervision or regulation by the United States department of housing and
urban development;
(2) to any private dwelling, notwithstanding any other provision of
this section, unless it is in an area where a plan of redevelopment or
program of neighborhood improvement, housing maintenance, demonstration
rehabilitation or concentrated code enforcement is being carried out and
the department of housing preservation and development finds that the
conversion, alteration or improvement is in conformity with such plan of
redevelopment, or program of neighborhood improvement, housing
maintenance, demonstration rehabilitation or concentrated code
enforcement; provided that, notwithstanding the foregoing, for the
purposes of this section, a class A multiple dwelling may be deemed to
include any garden-type maisonette dwelling project consisting of a
series of dwelling units which together and in their aggregate were
arranged or designed to provide three or more apartments and are
provided as a group collectively with all essential services such as,
but not limited to, water supply, house sewers and heat, and which are
in existence and operated as a unit under single ownership on the date
upon which an application for the benefits of this section is received
by the department of housing preservation and development, even though
certificates of occupancy were issued for portions thereof as private
dwellings;
(3) to any property receiving tax exemption or abatement concurrently
for rehabilitation or new construction under any other provision of New
York state or New York city law with the exception of any alteration or
improvement to property receiving such tax exemption or abatement under
the provisions of the private housing finance law, provided, however,
that the benefits of this section shall not apply to any alterations or
improvements done in connection with the refinancing, pursuant to
section 223f of the national housing act, as amended, of a housing
project organized pursuant to article two and article four of the
private housing finance law;
(4) to any multiple dwelling for ordinary repairs and normal
replacement of maintenance items, as provided in paragraph one of
subdivision a, hereof in the event that the dwelling thereof is
receiving the benefits of this section for other ordinary repairs and
normal replacement of maintenance items as of the December thirty-first
preceding the date of application;
(5) to the conversion of any building or structure, or portion
thereof:
(i) (a) which is located within any district in the county of New York
where a floor area ratio, as that term is defined in the zoning
resolution of the city of New York, of fifteen or greater is permitted
by said resolution, or (b) located in the city of New York where
residential conversion as of right is not permitted by the zoning
resolution, provided, however, that notwithstanding anything to the
contrary contained in this subparagraph, the benefits of this section
shall apply to any building or structure or portion thereof which was
purchased from the city of New York on or after January first, nineteen
hundred and eighty and prior to December thirty-first, nineteen hundred
and eighty-four and which was granted a variance for a conversion to
residential use by the board of standards and appeals prior to nineteen
hundred and eighty-four which variance has expired, and which has been
granted a variance for a conversion to residential use by the board of
standards and appeals on or after January first, nineteen hundred and
ninety-four and prior to June thirtieth, nineteen hundred and
ninety-five, and
(ii) where such benefits are eliminated by regulations to be
promulgated by the department of housing preservation and development
pursuant to subdivision m of this section, unless, in the case of a
building or structure in the county of New York, construction actually
commenced prior to January first, nineteen hundred eighty-two, pursuant
to an alteration permit, or, in the case of a building or structure in
the counties of Bronx, Kings, Queens and Richmond, construction actually
commenced prior to October first, nineteen hundred eighty-three,
pursuant to an alteration permit. A copy of any proposed regulation
pursuant to this paragraph shall be transmitted to the city council not
less than sixty days prior to its publication in the City Record,
pursuant to section eleven hundred five of the charter, and
(iii) provided that the provisions of this paragraph shall not apply
to conversions pursuant to paragraph eight of subdivision b of this
section.
(6) to any conversion of or alteration or improvement, commenced on or
after July first, nineteen hundred eighty-two, to any class B multiple
dwelling or class A multiple dwelling used in whole or in part for
single room occupancy, regardless of the status or use of the building
after the conversion, alteration or improvement unless such conversion,
alteration or improvement is carried out with the substantial assistance
of grants, loans or subsidies from any federal, state or local agency or
instrumentality.
(7) to any conversion of or alteration or improvement, commenced on or
after the effective date of this paragraph, to any property classified
under the zoning resolution as a non-profit institution with sleeping
accommodations, regardless of the status or use of the building after
the conversion, alteration or improvement unless such conversion,
alteration or improvement is carried out with the substantial assistance
of grants, loans or subsidies from any federal, state or local agency or
instrumentality.
i-1. (a) For purposes of this subdivision, "substantial governmental
assistance" shall mean:
(i) grants, loans or subsidies from any federal, state or local agency
or instrumentality in furtherance of a program for the development of
affordable housing approved by the department of housing preservation
and development, including, without limitation, financing or insurance
provided by the state of New York mortgage agency or the New York city
residential mortgage insurance corporation; or
(ii) a written agreement between a housing development fund
corporation and the department of housing preservation and development
limiting the incomes of persons entitled to purchase shares or rent
housing accommodations therein.
(b) With respect to conversions, alterations or improvements completed
on or after December thirty-first, two thousand eleven:
(i) except as otherwise provided in this section with respect to
multiple dwellings, buildings and structures owned and operated either
by limited-profit housing companies established pursuant to article two
of the private housing finance law or redevelopment companies
established pursuant to article five of the private housing finance law,
or with respect to a group of multiple dwellings that was developed as a
planned community and that is owned as two separate condominiums
containing a total of ten thousand or more dwelling units, any multiple
dwelling, building or structure that is owned as a cooperative or a
condominium that has an average assessed value of thirty thousand
dollars or more per dwelling unit shall only be eligible for such
benefits if the alterations or improvements for which such multiple
dwelling, building or structure has applied for the benefits pursuant to
this section were carried out with substantial governmental assistance,
and
(ii) no benefits pursuant to this section shall be granted for the
conversion of any non-residential building or structure into a class A
multiple dwelling unless such conversion was carried out with
substantial governmental assistance;
(c) If the conversions, alterations or improvements for which such
multiple dwelling, building or structure has applied for benefits
pursuant to this section are not completed on the date upon which such
department of housing preservation and development inspects the items of
work claimed in such application, the department of housing preservation
and development shall require the applicant to pay two times the actual
cost for any additional inspections needed to verify the completion of
such conversion, alteration or improvement.
(d) The revocation of benefits granted to any multiple dwelling,
building or structure pursuant to this section shall not exempt any
dwelling unit therein from continued compliance with the requirements of
this section or of any local law or ordinance providing for benefits
pursuant to this section.
i-2. Notwithstanding the provisions of any general, special or local
law providing for benefits pursuant to this section, applications for
exemption and/or abatement under this section shall be filed
electronically if the department of housing preservation and development
makes electronic filing available.
j. Notwithstanding the provisions of the multiple dwelling law, or any
local law, ordinance, provisions of this code, rule or regulation, any
dwelling to which alterations and improvements are made pursuant to this
section and which did not require a certificate of occupancy on April
second, nineteen hundred forty-five, may be occupied lawfully after such
date upon the completion of such alterations and improvements without
such a certificate being obtained, provided, however, that such
alterations and improvements shall have been made in conformity with law
and the applicable provisions for fire protection required by articles
six and seven of the multiple dwelling law.
k. No owner of a dwelling to which the benefits of this section shall
be applied, nor any agent, employee, manager or officer of such owner
shall directly or indirectly deny to any person because of race, color,
creed, national origin, gender, sexual orientation, disability, marital
status, age, religion, alienage or citizenship status, or the use of,
participation in, or being eligible for a governmentally funded housing
assistance program, including, but not limited to, the section 8 housing
voucher program and the section 8 housing certificate program, 42 U.S.C.
1437 et seq., or the senior citizen rent increase exemption program,
pursuant to either chapter seven of title twenty-six of this code or
section 26-509 of such code, any of the dwelling accommodations in such
property or any of the privileges or services incident to occupancy
therein. The term "disability" as used in this subdivision shall have
the meaning set forth in section 8-102 of the code. Nothing in this
subdivision shall restrict such consideration in the development of
housing accommodations for the purpose of providing for the special
needs of a particular group.
l. Any person who shall knowingly and willfully make any false
statement as to any material matter in any application for the benefits
of this section shall be guilty of an offense punishable by a fine of
not more than five hundred dollars or imprisonment for not more than
ninety days, or both. The commissioner of the department of housing
preservation and development may reduce or revoke past and future
exemption or tax abatement authorized pursuant to this section if the
application for tax exemption or tax abatement contains a false
statement or false information as to a material matter or omits a
material matter.
m. Each agency or department to which functions are assigned by this
section may adopt and promulgate rules and regulations for the
effectuation of the purpose of this section.
n. The department of housing preservation and development may require
a filing fee in an amount as provided by the rules and regulations
promulgated by the department of housing preservation and development
pursuant to subdivision m of this section.
o. Any tax abatement granted for a period of nine years to a multiple
dwelling aided by a loan provided by the city of New York prior to
January first, nineteen hundred seventy-one, shall upon application
therefor be adjusted to extend for a period of up to twenty years,
provided that the total abatement before and after such adjustment shall
not exceed the total abatement to which such property was initially
entitled under this section.
p. This section is enacted pursuant to the provisions of section four
hundred eighty-nine of the real property tax law and subdivision two of
section four hundred five of the private housing finance law.
q. No application for the benefits of this section shall be accepted
by the department of finance if there are outstanding real estate taxes
or water and sewer charges or payments in lieu of taxes which were due
and owing as of the last day of the tax period preceding the date of
such filing with the department of finance, provided that an applicant
aided by article eight or article fifteen of the private housing finance
law shall have such application accepted by the department of finance if
there are no outstanding real estate taxes or water and sewer charges
due and owing as of the last day of the tax period preceding
commencement of construction.
r. In the event that any building or structure receiving the benefits
of this section shall become operated exclusively for commercial, hotel
or transient hotel use, the tax commission shall withdraw benefits
granted herein prospectively.
s. The benefits of this section shall not apply to alterations or
improvements to existing dwellings in existence on December
thirty-first, nineteen hundred seventy-five where (i) such alterations
or improvements were completed on or before December thirty-first,
nineteen hundred seventy-five, and (ii) no dwelling units thereof on
December thirty-first, nineteen hundred seventy-five had rentals which
were subject to control by the city rent agency pursuant to chapter four
of title twenty-six of the code. This subdivision shall not apply to
alterations or improvements to any building or structure which is
benefitted by mortgage insurance pursuant to section two hundred
thirteen of the national housing act for applications filed prior to
January first, nineteen hundred seventy-nine.
t. Notwithstanding any law to the contrary, the owner of any building
or structure eligible for any of the benefits of this section which is
converted to a class A multiple dwelling, completed, or substantially
rehabilitated on or after January one, nineteen hundred seventy-four,
shall register the initial rent for each dwelling unit in such building
or structure with the New York state division of housing and community
renewal. After such registration, the rents of such dwelling units shall
be fully subject to regulations under chapter four of title twenty-six
of the code so long as the benefits of this section are in effect or for
such longer period as may be provided by law.
u. Any tax exemption or tax abatement authorized pursuant to this
section may be revoked retroactively by the commissioner of department
of housing preservation and development or the department of finance of
the city of New York at any time during the authorized term of such tax
exemption or tax abatement if real estate taxes or water and sewer
charges due to the city of New York remain unpaid for one year after the
same are due and payable. In no event shall revocation be effective
prior to the date such taxes or charges were first due and payable.
v. Where alterations, improvements, or conversions include or benefit
that part of a building which is not occupied for dwelling purposes but
is occupied by stores or otherwise used for commercial purposes or
community facilities, the increase in assessed valuation and the cost of
the alteration shall be apportioned so that the benefits of this title
shall not be provided for alterations, improvements or conversions made
for other than dwelling purposes.
w. If any provision of this section or its application to any person
shall be held invalid, the remainder of this section and the
applicability of its provisions to other persons or circumstances shall
not be affected thereby.
x. Notwithstanding any provision of this section, no benefit pursuant
to paragraph five of subdivision b of this section shall be granted for
work commenced after January first, nineteen hundred eighty, unless the
applicant establishes that the department of housing preservation and
development and tenants of such class A multiple dwelling were given
notice of (i) the proposed work prior to commencement of such work, (ii)
the identity of the owner's representative, and (iii) the tenants'
rights under applicable law with respect to such work, provided that, in
the case of a loan program supervised by such department, notice to the
department shall be unnecessary, and further provided that the
department may itself provide the required notice to the tenants.
y. Applicants for benefits under the provisions of this section shall
file with the department of finance a form supplied by said department
which (i) states an intention to file for benefits under the provisions
of this section, (ii) describes the work for which tax benefits will be
claimed and (iii) estimates the cost of such work which will be eligible
for benefits. Such form shall be filed prior to the commencement of such
work. If the scope of such work or the estimated cost thereof changes
materially, applicant shall file a revised statement. Applicants who
fail to comply with the requirements of this subdivision shall be
subject to a penalty not to exceed one hundred percent of the filing fee
otherwise payable pursuant to subdivision n of this section.
z. A former tenant or former subtenant of premises in a
non-residential building which is the subject of an application for an
alteration permit for conversion to a class A multiple dwelling, prior
to the application for any tax exemption or abatement benefits for such
building pursuant to this section, and as a condition to the grant
thereof, shall be entitled to a relocation award under the terms and
conditions set forth below:
(1) As used in this subdivision, the term "eligible tenant" shall mean
any former tenant or former subtenant who:
(i) leased and used the vacated premises to conduct a manufacturing,
warehousing, or wholesaling business for not less than two consecutive
years immediately prior to vacating;
(ii) vacated such premises on or after April first, nineteen hundred
eighty-one for any reason other than eviction for non-payment of rent;
(iii) vacated such premises (a) no earlier than twenty-four months
prior to the filing date of an application for such alteration permit
and (b) no later than the completion of the conversion as evidenced by
the issuance of a permanent certificate of occupancy for a class A
multiple dwelling;
(iv) either purchased or leased for a term of not less than eighteen
months other premises within the city of New York with a floor area not
less than one-third of the floor area of the vacated premises;
(v) relocated their business to such other premises within one year of
vacating the vacated premises; and
(vi) paid all commercial rent or occupancy tax for the vacated
premises. A subtenant shall be eligible to receive a relocation award
notwithstanding any lack of eligibility of its prime tenant;
(2) the relocation award shall not exceed the greater of (i) the
aggregate base rent which accrued and was paid by the eligible tenant
during the final twenty-four months of its occupancy of the vacated
premises or (ii) four dollars for each square foot that the eligible
tenant occupied in the vacated premises during the final twenty-four
months of its occupancy of the vacated premises. As used in this
subdivision, base rent shall be calculated in the same manner as base
rent is calculated for purposes of commercial rent or occupancy tax in
the city of New York. However, the aggregate award payable to a prime
tenant and/or any subtenants of such prime tenant shall not exceed the
amount which would have been payable to the prime tenant had the prime
tenant been eligible for an award based on the entire floor area it
leased from the owner; and if such limitation applies, the awards shall
be prorated based upon the total floor area used and occupied by each
eligible tenant;
(3) the relocation award shall become due and payable to an eligible
tenant at the time the eligible tenant (i) either purchases or leases
other premises in accordance with paragraph one of this subdivision, and
(ii) certifies eligibility to, and demands payment of, the award from
the owner of the vacated building. If the relocation award is not paid
within thirty days of such certification and demand, interest shall
accrue on the relocation award from the date of the certification and
demand at the rate of twenty-four percent per annum;
(4) at any time after such certification and demand and prior to the
date of the filing of an application for tax exemption or abatement for
the vacated building pursuant to this section, an eligible tenant who
has not received a relocation award shall have a right to file a notice
of claim. Such notice of claim shall be filed with the county clerk of
the county in which the vacated building is located and shall verify the
claimant's name, its compliance with eligibility requirements, the
address of the vacated premises, the floor area it occupied, the name of
the prime tenant if the claimant is a subtenant, and all the base rent
that accrued and was paid by the claimant during the final twenty-four
months of its occupancy;
(5) a notice of claim, filed in accordance with paragraph four of this
subdivision, may be discharged by the filing of an undertaking with the
clerk of the county in which the premises are located in an amount equal
to the amount claimed and in accordance with the procedures set forth in
subdivision four of section nineteen of the lien law, or by the payment
into court of such amount in accordance with the procedures set forth in
section fifty-five of such law;
(6) no tax exemption or abatement shall be granted pursuant to this
section unless the department of housing preservation and development
receives an affidavit from the applicant for benefits of this section
which verifies that:
(i) the applicant has caused to be published a notice in a newspaper
of general circulation within the city of New York, no later than sixty
days prior to filing of an application for tax exemption or abatement
pursuant to this section, which advises former tenants and subtenants of
their rights pursuant to this subdivision; and
(ii) no notice of claim has been filed or all claims have been
released by the claimants, or secured in accordance with the provisions
of paragraph five of this subdivision, or discharged as an improper
claim by court order;
(7) the affidavit required pursuant to the provisions of paragraph six
of this subdivision shall be considered part of the application for
benefits pursuant to this section;
(8) if an eligible tenant has duly filed a notice of claim pursuant to
paragraph four of this subdivision and did not receive a relocation
award as provided herein, it may commence an action against any
applicant who filed a false affidavit pursuant to paragraph six of this
subdivision or any security posted by such applicant pursuant to
paragraph five of this subdivision, within three years of such filing.
In any action to enforce a claim pursuant to this subdivision, if the
court finds that the claimant has wilfully exaggerated the amount of the
claim, the claimant may be held liable in damages for an amount not to
exceed the proper relocation award. An eligible tenant in whose favor a
judgment is entered shall be entitled to costs and reasonable legal fees
and disbursements provided that such judgment is in excess of the amount
which the applicant or owner offered to pay the eligible tenant;
(9) any lease or other rental agreement provision exempting, waiving,
releasing or discharging the obligation to pay a relocation award
pursuant to this subdivision shall be void as against public policy and
wholly unenforceable;
(10) the provisions of this subdivision shall not apply south of
fifty-ninth street in the county of New York if the zoning resolution of
the city of New York expressly provides for relocation loans and/or
grants in lieu of the benefits of this subdivision.
aa. Harassment. (1) The provisions of this subdivision apply to and
are additional requirements for claiming or receiving:
(a) any tax exemption under this section; or
(b) any tax abatement under this section where the certified
reasonable cost per dwelling unit of the conversion, alteration or
improvement (including the cost of any conversion, alteration or
improvement for which an abatement was approved within four years prior
to commencement of the conversion, alteration or improvement) exceeds
seven thousand five hundred dollars.
(2) The owner of the property shall file with the department of
housing preservation and development, not less than thirty days before
the commencement of the conversion, alteration or improvement
(hereinafter referred to as the "cut-off date"), an affidavit, or, where
any information referred to in paragraph one of this subdivision changes
prior to applying for or claiming any benefit under this section, an
amending affidavit, setting forth the following information:
(a) every owner of record and owner of a substantial interest in the
property or entity owning the property or sponsoring the conversion,
alteration or improvement;
(b) a statement that none of such persons had, within the five years
prior to the cut-off date, been found to have harassed or unlawfully
evicted tenants by judgment or determination of a court or agency
(including a non-governmental agency having appropriate legal
jurisdiction) under the penal law, any state or local law regulating
rents or any state or local law relating to harassment of tenants or
unlawful eviction; and
(c) any change in the information required to be set forth.
(3) No conversion, alteration or improvement subject to this
subdivision shall be eligible for tax exemption or tax abatement under
this section where:
(a) any affidavit required under this subdivision has not been filed;
or
(b) any such affidavit contains a willful misrepresentation or
omission of any material fact; or
(c) any person referred to in subparagraph (a) of paragraph two of
this subdivision has been found to have harassed or unlawfully evicted
tenants as described in that paragraph, until and unless the finding is
reversed on appeal, provided that any such finding after the cut-off
date shall not apply to or affect any tax abatement or exemption for the
conversion, alteration or improvement covered by the affidavit.
(4) The department of housing preservation and development and the
department of finance shall maintain a list of affidavits as described
in paragraph two of this subdivision. Each agency shall review that list
with respect to each application or claim for benefits subject to this
subdivision.
(5) "Substantial interest" as used in subparagraph (a) of paragraph
two of this subdivision shall mean ownership of an interest of ten per
centum or more in the property or entity owning the property or
sponsoring the conversion, alteration or improvement.
(6) Where the conversion, alteration or improvement is commenced
before August first, nineteen hundred eighty-three, the cut-off date
shall be as set forth in this subdivision, but no affidavit shall be
required to be filed until thirty days after the effective date of this
subdivision.
bb. Notwithstanding any contrary provision of the private housing
finance law, the benefits of this section shall apply to any limited
profit housing company as provided in this section. Such multiple
dwelling, building or structure shall be eligible for benefits where at
least one building-wide improvement or alteration is part of the
application for benefits. Furthermore, to the extent that such
alterations or improvements are financed with grants, loans or subsidies
from any federal, state, or local agency or instrumentality, such
multiple dwelling, building or structure shall be eligible for benefits
only if the limited profit housing company has entered into a binding
and irrevocable agreement with the commissioner of housing of the state
of New York, the supervising agency, as such term is defined in section
two of the private housing finance law, the New York city housing
development corporation, or the New York state housing finance agency
prohibiting the dissolution or reconstitution of such limited profit
housing company pursuant to section thirty-five of the private housing
finance law for not less than fifteen years from the commencement of
benefits. The abatement of taxes on such property, including the land,
shall not be an amount greater than ninety per centum of the certified
reasonable cost of such alterations or improvements, as determined under
regulations of the department of housing preservation and development,
nor greater than eight and one-third percent of such certified
reasonable cost in any twelve month period, nor be effective for more
than twenty years. The annual abatement of taxes in any twelve month
period shall in no event exceed fifty percent of the amount of taxes
payable in such twelve month period pursuant to the applicable exemption
granted pursuant to article two of the private housing finance law or
other applicable laws or fifty percent of payments required to be made
in lieu of taxes in such twelve month period. Notwithstanding the
foregoing, the annual abatement of taxes for alterations or improvements
commenced prior to June first, nineteen hundred eighty-six may not be
applied to reduce the amount of taxes payable or the amount of payments
required to be made in lieu of taxes in any twelve month period to an
amount less than the minimum amount of taxes required to be paid
pursuant to section thirty-three of the private housing finance law.
cc. The commissioner of the department of housing preservation and
development and the commissioner of the department of finance shall
prepare an annual report which shall be submitted to the Mayor and the
council on or before the first day of July next succeeding the year to
which the report pertains, regarding the exemptions and abatements
granted pursuant to this section and shall include, but not be limited
to the following information: (i) the amount of real property tax that
would have been paid in the aggregate by the owners of real property
granted an exemption or abatement if the property were fully taxable and
the amount of tax actually paid in the aggregate by such owners, (ii)
the geographic distribution of exemptions and abatements granted
pursuant to this section, and (iii) a distribution by type of eligible
categories as delineated in paragraphs one through nine of subdivision b
of this section.
dd. Partial waiver of rent adjustments attributable to major capital
improvements. (1) The provisions of this subdivision apply to and are
additional requirements for claiming or receiving any tax abatement
under this section, except as provided in paragraphs three and four of
this subdivision.
(2) The owner of the property shall file with the department of
housing preservation and development, on the date any application for
benefits is made, a declaration stating that in consideration of any tax
abatement benefits which may be received pursuant to such application
for alterations or improvements constituting a major capital
improvement, such owner agrees to waive the collection of a portion of
the total annual amount of any rent adjustment attributable to such
major capital improvement which may be granted by the New York state
division of housing and community renewal pursuant to the rent
stabilization code equal to one-half of the total annual amount of the
tax abatement benefits which the property receives pursuant to such
application with respect to such alterations or improvements. Such
waiver shall commence on the date of the first collection of such rent
adjustment, provided that, in the event that such tax abatement benefits
were received prior to such first collection, the amount waived shall be
increased to account for such tax abatement benefits so received.
Following the expiration of a tax abatement for alterations or
improvements constituting a major capital improvement for which a rent
adjustment has been granted by such division, the owner may collect the
full amount of annual rent permitted pursuant to such rent adjustment. A
copy of such declaration shall be filed simultaneously with the New York
state division of housing and community renewal. Such declaration shall
be binding upon such owner, and his or her successors and assigns.
(3) The provisions of this subdivision shall not apply to substantial
rehabilitation of buildings vacant when alterations or improvements are
commenced or to buildings rehabilitated with the substantial assistance
of city, state or federal subsidies.
(4) The provisions of this subdivision shall apply only to alterations
and improvements commenced after its effective date.
ee. The department of housing preservation and development shall make
information relating to the provisions of this section available on the
department's website, and shall provide a contact phone number allowing
tenants to determine benefits available pursuant to this section. The
department shall convene a task force that shall examine and report on
methods to improve the transparency of the program established pursuant
to this section.
Section 11-244
§ 11-244 Tax exemption and abatement for rehabilitated buildings. a.
As used in this section, the following terms shall have the following
meanings:
1. "Eligible real property" shall mean:
(i) any class B multiple dwelling;
(ii) any class A multiple dwelling used for single room occupancy
pursuant to section two hundred forty-eight of the multiple dwelling law
which contains no more than twenty-five percent class A dwelling units
which contain lawful sanitary and kitchen facilities within the dwelling
unit, provided that in the case of a multiple dwelling containing ten
dwelling units or less, up to forty percent of the dwelling units may be
class A units;
(iii) not-for-profit institutions with sleeping accommodations.
Notwithstanding the foregoing, eligible real property shall not
include college and school dormitories, club houses, or residences whose
occupancy is restricted to an institutional use such as housing intended
for use primarily or exclusively by the employees of a single company or
institution. A building is an eligible real property only if it
qualifies as such after completion of the eligible improvements, but
need not have been an eligible real property prior to the eligible
improvements.
2. "Eligible improvements" shall be limited to the following
categories of work, provided further that such work shall be in
conformity with all applicable laws:
(i) replacement of a boiler or burner or installation of an entire new
heating system;
(ii) replacement or upgrading of electrical system;
(iii) replacement or upgrading of elevators;
(iv) installation or replacement or upgrading of the plumbing system,
including water main and risers;
(v) replacement or installation of walls, ceilings, floors or trim
where necessary;
(vi) replacement or upgrading of doors, installation of security
devices and systems;
(vii) installation, replacement or upgrading of smoke detectors, fire
alarms, fire escapes, or sprinkler systems;
(viii) replacement or repair of roof, leaders and gutters;
(ix) replacement or installation of bathroom facilities;
(x) installation of wall and pipe insulation;
(xi) replacement or upgrading of street connections for water or sewer
services;
(xii) replacement or installation of windows, or installation of
window gates or guards;
(xiii) installation or replacement of boiler smoke stack;
(xiv) pointing, waterproofing and cleaning of entire building exterior
surface;
(xv) improvements designed to conserve the use of fuel, electricity or
other energy sources;
(xvi) work necessary to effect compliance with all applicable laws
including but not limited to the multiple dwelling law, the New York
city housing maintenance code and the building code; and
(xvii) improvements unique to congregate living facilities, as defined
by rules and regulations promulgated by the department of housing
preservation and development.
3. "Existing dwelling" shall mean any eligible real property in
existence prior to the commencement of eligible improvements, for which
tax exemption and abatement is claimed under the terms of this section
and for which a valuation appears on the annual record of assessed
valuation of the city for the fiscal year immediately preceding the
commencement of construction of such eligible improvements.
4. "Commencement of eligible improvement" shall mean the beginning of
any physical operation undertaken for the purpose of making eligible
improvements to eligible real property.
5. "Completion of eligible improvement" shall mean the conclusion or
termination of any physical operation referred to in the preceding
paragraph, to an extent or degree which renders an eligible property
capable of use for the purpose for which the improvements were intended.
6. "Permanent resident" shall mean a person who has resided in
eligible real property for six months or more; has a lease or other
rental agreement for a term of six or more months; or has requested a
lease pursuant to the provisions of the rent stabilization code for
housing accommodations located in hotels.
b. Any increase in the assessed valuation of eligible real property
shall be exempt from taxation for local purposes for a period of
thirty-two years to the extent such increase results from eligible
improvements, provided that:
(i) the eligible improvements are commenced after July first, nineteen
hundred eighty, and prior to December thirty-first, two thousand eleven,
and are completed within thirty-six months from commencement;
(ii) the department of housing preservation and development determines
and certifies the cost, qualification and eligibility of any improvement
for benefits of this section;
(iii) the exemption may commence no sooner than the July first
following the filing with the department of finance of a certification
of eligibility issued by the department of housing preservation and
development for benefits of this section; provided, however, that if the
rehabilitation is carried out with substantial government assistance as
part of a program for affordable housing the exemption may commence no
sooner than the July first following the commencement of construction of
eligible improvements;
(iv) immediately prior to, and during, the construction of eligible
improvements, not less than fifty percent of the dwelling units in such
eligible real property are occupied by permanent residents; provided
that such occupancy requirement shall not apply to a vacant,
governmentally owned multiple dwelling which had been vacant for not
less than two years prior to the commencement of construction of
eligible improvements, nor to a vacant multiple dwelling where the
eligible improvements are carried out with the substantial assistance of
grants, loans or subsidies from any federal, state or local agency or
instrumentality or any not-for-profit philanthropic organization one of
whose primary purposes is providing low or moderate income housing;
(v) no outstanding real estate taxes, water and sewer charges,
payments in lieu of taxes or other municipal charges are due and owing
as of the tax quarter immediately preceding the commencement of tax
exemption pursuant to this section; provided that an applicant aided
pursuant to the provisions of the private housing finance law shall have
such application accepted by the tax commission if there are no
outstanding real estate, water and sewer taxes due and owing as of the
last day of the tax quarter preceding commencement of construction of
eligible improvements;
(vi) except in the case of eligible real property which is receiving
or has received assistance pursuant to a governmental rent subsidy
program or which is owned by a not-for-profit corporation or by a wholly
owned subsidiary of a not-for-profit corporation and which is receiving
or has received assistance pursuant to a governmental loan subsidy
program, as defined by the rules and regulations promulgated by the
department of housing preservation and development, for the construction
of eligible improvements, the initial rent after completion of eligible
improvements, for ninety percent of the total number of dwelling units
occupied by permanent residents in a class A or class B multiple
dwelling other than apartments shall not exceed the greater of either
the amount of any governmental rental assistance received by an occupant
or seventy-five percent of the rent which is permitted to be charged for
zero-bedroom units on the moderate rehabilitation fair market rent
schedule as determined by the United States department of housing and
urban development for the housing assistance payments program under
section eight of the national housing act;
(vii) no person residing in eligible real property prior to or during
the construction of eligible improvements shall be required by the owner
to vacate the eligible real property solely in order to perform the
eligible improvements or any related work.
c. Eligible real property which qualifies for exemption from taxation
for local purposes for eligible improvements shall also be eligible for
an annual abatement of real property taxes in an amount not to exceed
twelve and one-half percent of the reasonable cost of eligible
improvements certified by the department of housing preservation and
development, which abatement may commence on the first day of the first
tax quarter following the filing with the department of finance of a
certification of eligibility issued by the department of housing
preservation and development for benefits of this section; provided,
however, that if the rehabilitation is carried out with substantial
government assistance as part of a program for affordable housing the
abatement may commence no sooner than the first day of the first tax
quarter following the commencement of construction of eligible
improvements, provided further that:
(i) the annual abatement shall not exceed the amount of taxes
otherwise payable in the corresponding year;
(ii) the period during which such abatement is effective shall not
exceed twenty consecutive years from the date such abatement first
becomes effective; and
(iii) the total abatement shall not exceed the lesser of one hundred
fifty percent of the certified reasonable costs of eligible improvements
or the actual costs as determined by the department of housing
preservation and development pursuant to its rules and regulations.
d. During the period of tax exemption or abatement pursuant to this
section, each of the following shall be a condition precedent to the
continuation of the exemption and/or abatement:
(i) compliance with all applicable provisions of law, including but
not limited to the multiple dwelling law, the building code and the
housing maintenance code;
(ii) all dwelling units, except owner occupied units, shall be subject
to the emergency housing rent control law or the local housing rent
control act or the tenant protection act of nineteen hundred
seventy-four, or any local laws enacted pursuant thereto or the rent
stabilization law of nineteen hundred sixty-nine; provided, however,
that the department of housing preservation and development may exempt
from this requirement dwelling units that are not occupied by permanent
residents in those buildings owned by a not-for-profit corporation and
which are improved with the aid of a rehabilitation loan from any
government agency or instrumentality or operated pursuant to a contract
with a governmental entity.
(iii) eligible real property receiving tax exemption or tax abatement
benefits under this section shall not receive tax exemption or tax
abatement for new construction or rehabilitation under any other
provision of law;
(iv) the eligible improvements shall not be used as the basis for any
application for rent increases and the owner shall file a statement to
such effect with the department of housing preservation and development
and with any appropriate rent regulatory agency, provided, however, that
rents of units improved with the aid of a rehabilitation loan from any
governmental agency or instrumentality may within the limitations
established by this section be increased pursuant to the rules and
regulations of the department of housing preservation and development.
(v) A minimum of seventy-five percent of the dwelling units shall be
rental units occupied by permanent residents; provided, however that the
department of housing preservation and development may exempt from this
requirement those buildings improved with the aid of a rehabilitation
loan from any governmental agency or instrumentality or operated
pursuant to a contract with a governmental entity.
e. During the period of tax exemption or abatement pursuant to this
section, the owner shall submit an annual certification to the
department of housing preservation and development in the form
prescribed by such department. Failure to submit such certification in
any given year may result in the revocation of benefits. The
certification shall include the following:
(i) the total number of dwelling units within the eligible real
property and the total number of dwelling units occupied by permanent
residents;
(ii) the number of dwelling units subject to the provisions of the
emergency housing rent control act, the emergency tenant protection act
of nineteen hundred seventy-four or any local laws enacted pursuant
thereto; the emergency housing rent control law or the rent
stabilization law of nineteen hundred sixty-nine; and
(iii) all such other information required by the department of housing
preservation and development.
f. Any tax exemption or tax abatement authorized pursuant to this
section may be revoked or reduced by the department of housing
preservation and development or by the department of finance of the city
of New York at any time during the authorized term of such tax exemption
or tax abatement upon a finding by either department that:
(i) the application for benefits pursuant to this section or the
annual certification required hereunder contains a false statement or
false information as to a material matter, or omits a material matter,
in which case the revocation or reduction may be retroactive to the
commencement of benefits pursuant to this section;
(ii) real estate taxes, water, sewer or other municipal charges, or
payments in lieu of said taxes or charges are, and have remained, due
and owing for more than one year, in which case the revocation or
reduction may be retroactive to the commencement of benefits pursuant to
this section, provided that in no event shall revocation be effective
prior to the date such taxes or charges were first due and payable; or
(iii) the eligible real property fails to comply with one or more of
the provisions or requirements of this section.
g. Application forms for the benefits of this section shall be filed
with the tax commission within the time periods to be established by
rules and regulations promulgated by the department of housing
preservation and development, pursuant to subdivision i of this section.
The tax commission shall certify to the department of finance the amount
of taxes to be abated, pursuant to the certification of the department
of housing preservation and development as herein provided. No such
application shall be accepted unless accompanied by a copy of the
certificate of the department of housing preservation and development
both as to reasonable cost and as to eligibility as provided in
subdivision b of this section.
h. No owner of a dwelling to which the benefits of this section apply,
nor any agent, employee, manager or officer of such owner shall directly
or indirectly deny to any person because of race, color, creed, national
origin, sex, disability, marital status, age, religion or sexual
orientation any of the dwelling accommodations in such property or any
of the privileges or services incident to occupancy therein. The term
"disability" as used in this subdivision shall mean a physical, mental
or medical impairment resulting from anatomical, physiological, or
neurological conditions which prevents the exercise of a normal bodily
function or is demonstrable by medically accepted clinical or laboratory
diagnostic techniques. Nothing in this subdivision shall restrict such
consideration in the availability of housing accommodations for the
purpose of providing for the special needs of a particular group.
i. The department of housing preservation and development shall
determine and certify the reasonable cost of any such conversions,
alterations or improvements and eligibility for the benefits of this
section and for that purpose may adopt rules and regulations, administer
oaths to and take the testimony of any person, including, but not
limited to the owner of such property, may issue subpoenas requiring the
attendance of such persons and the production of such bills, books,
papers or other documents as it shall deem necessary, may make
preliminary estimates of the maximum reasonable cost of such
conversions, alterations or improvements, may establish maximum
allowable costs of specified units, fixtures or work in such
conversions, alterations or improvements, and may require the submission
of plans and specifications of such conversions, alterations or
improvements before the start thereof. Applications for certification
shall include all bills and other documents showing the cost of
construction or such other evidence of such cost as shall be
satisfactory to the department of housing preservation and development,
including, without limitation, certification of cost by a certified
public accountant in accordance with generally accepted accounting
principles. Each additional agency to which functions are assigned by
this section may adopt and promulgate rules and regulations for the
effectuation of the purposes of this section.
j. The department of housing preservation and development may require
a filing fee in an amount as provided by the rules and regulations
promulgated by the department of housing preservation and development
pursuant to subdivision i of this section.
k. Any person who shall knowingly and wilfully make any false
statements as to any material matter in any application for the benefits
of this section shall be guilty of an offense punishable by a fine of
not more than five hundred dollars or imprisonment for not more than
ninety days, or both.
l. If any provision of this section or its application to any person
shall be held invalid, the remainder of this section and the
applicability of its provisions to other persons or circumstances shall
not be affected thereby.
Section 11-245
§ 11-245 Area eligibility limitations on benefits pursuant to section
four hundred twenty-one-a of the real property tax law. (a) No benefits
under section four hundred twenty-one-a of the real property tax law
shall be conferred for any construction commenced on or after November
twenty-ninth, nineteen hundred eighty-five and prior to December
thirty-first, two thousand seven for 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: BEGINNING
at the intersection of the bulkhead line in the Hudson River and 96th
street extended; thence easterly to 96th street and continuing along
96th street to its easterly terminus; thence easterly to the
intersection of 96th street extended and the bulkhead line in the East
River; thence southerly along said bulkhead line to the intersection of
said bulkhead line and 14th street extended; thence westerly to 14th
street and continuing along 14th street to Broadway; thence southerly
along Broadway to Houston street; thence westerly along Houston street
to Thompson street; thence southerly along Thompson street to Spring
street; thence westerly along Spring street to Avenue of the Americas;
thence northerly along Avenue of the Americas to Vandam street; thence
westerly along Vandam street to Varick street; thence northerly along
Varick street to Houston street; thence westerly along Houston street
and continuing to its westerly terminus; thence westerly to the
intersection of Houston street extended and the bulkhead line in the
Hudson River; thence northerly along said bulkhead line to the
intersection of said bulkhead line and 30th street extended; thence
easterly along 30th street to 11th avenue; thence northerly along 11th
avenue to 41st street; thence westerly along 41st street and continuing
to its westerly terminus; thence westerly to the intersection of 41st
street extended and the bulkhead line in the Hudson River; thence
northerly along said bulkhead line to the place of beginning.
(a-1) Notwithstanding the provisions contained in subdivision (a) of
this section concerning the date of commencement of construction, the
amendments to such subdivision (a) made by local law number 22 for the
year 2005 shall only apply to construction commenced on or after March
seventh, two thousand six and prior to December thirty-first, two
thousand seven.
(a-2) Notwithstanding the provisions contained in subdivision (a) of
this section concerning the date of commencement of construction, the
amendments to such subdivision (a) made by the local law that added this
subdivision shall only apply to construction commenced on or after the
effective date of section three of the local law that added this
subdivision and prior to December thirty-first, two thousand seven.
(b) The limitations contained in subdivision (a) of this section shall
not be applicable to:
(1) construction carried out with substantial assistance of grants,
loans or subsidies from any federal, state or local agency or
instrumentality, or
(2) projects where the department of housing preservation and
development has imposed a requirement or has certified that twenty
percent of the units be affordable to households of low and moderate
income, or
(3) construction carried out pursuant to an agreement with the
department of housing preservation and development to create or
substantially rehabilitate housing units offsite affordable to
households of low and moderate income provided that:
(i) the number of any such low income units which may be made
available to homeless households must be equal to a ratio of at least
one low income unit for every six units in the building or buildings
located in the area described in subdivision (a) of this section which
receive benefits pursuant to section four hundred twenty-one-a of the
real property tax law; or
(ii) the number of any such low income units which may be made
available must be equal to at least twenty per cent of the number of
units in the building or buildings located in the area described in
subdivision (a) of this section which receive benefits pursuant to
section four hundred twenty-one-a of the real property tax law; or
(iii) the number of any such moderate income units which may be made
available must be equal to at least twenty-five per cent of the number
of units in the building or buildings located in the area described in
subdivision (a) of this section which receive benefits pursuant to
section four hundred twenty-one-a of the real property tax law; and
(iv) in any building containing more than one hundred thirty units of
low and moderate income housing created or substantially rehabilitated
pursuant to this paragraph, two of every three units in excess of one
hundred thirty units shall at initial occupancy be affordable to
moderate income households; and
(v) upon, initial occupancy, all such housing units affordable to
households of low and moderate income must be registered with the New
York state division of housing and community renewal. Such units must
remain rent stabilized for the entire period during which such units
receive real estate tax benefits under any New York state or city tax
abatement and/or exemption programs, or for twenty years, whichever is
longer; future rent increases may not exceed the increases established
by the rent guidelines board; upon vacancy, units must be rerented at no
more than the legal stabilized rent. All units must be rented to
households earning no more than four times such annual rent at the time
of initial occupancy; the lease for the tenants in occupancy of all
units created pursuant to this paragraph at the expiration of the rent
stabilization period pursuant to this sub-paragraph shall include the
right to remain as rent stabilized tenants for the duration of their
occupancy. Once units become vacant after termination of such rent
stabilization period, the owner of such units shall have the option to
de-stabilize such rents; and
(vi) the provisions of sub-paragraph (v) shall not apply to any unit
owned as a cooperative or condominium and occupied by the shareholder or
owner; and
(vii) nothing contained in this paragraph shall preclude a grant of
benefits under section four hundred twenty-one-a of the real property
tax law for any building or buildings located in the area described in
subdivision (a) of this section if carried out pursuant to an agreement
entered into prior to January first, nineteen hundred ninety-one, with
the department of housing preservation and development to create or
substantially rehabilitate housing units affordable to households of low
and moderate income in a geographic area or areas outside the area
described in subdivision (a) of this section, provided that the number
of such low and moderate income units must be equal to at least twenty
per cent of the number of units in the building or buildings located in
the area described in subdivision (a) of this section which receive
benefits pursuant to section four hundred twenty-one-a of the real
property tax law.
* (b-1) With respect to construction commenced on or after the
effective date of the local law that added this subdivision, except as
otherwise provided in section ten of the local law that added this
subdivision, each restricted income unit required pursuant to
subdivision b of this section shall be situated onsite. For the purposes
of this subdivision, "onsite" shall mean that restricted income units
shall be situated within the building or buildings for which benefits
pursuant to section four hundred twenty-one-a of the real property tax
law are being granted.
* NB Expired December 28, 2010
* (b-2) With respect to construction commenced on or after the
effective date of the local law that added this subdivision, except as
otherwise provided in section ten of the local law that added this
subdivision, for the purposes of this section and of section 11-245.1-b
of this chapter, any requirement that not less than twenty percent of
onsite units be "restricted income" units shall mean that such units
shall be 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 income adjusted for
family size; provided that, of such restricted income units, no more
than a number equal to five percent of the number of units which
commenced construction in buildings receiving tax benefits pursuant to
section four hundred twenty-one-a of the real property tax law in the
previous calendar year shall be affordable to and occupied or available
for occupancy by individuals or families whose incomes at the time of
initial occupancy are between sixty percent and eighty percent of the
area median income adjusted for family size.
* NB Expired December 28, 2010
(c) No benefits under section four hundred twenty-one-a of the real
property tax law shall be conferred for any construction commenced on or
after November twenty-ninth, nineteen hundred eighty-five of any
multiple dwelling, or portion thereof, which is located within any
district in the county of New York where a maximum base floor area
ratio, as that term is defined in the zoning resolution, of fifteen or
greater was permitted as of right by provisions of such resolution in
effect on April fourteenth, nineteen hundred eighty-two; provided,
however, that this limitation on benefits shall not apply to any such
construction commenced on or after October first, nineteen hundred
ninety-three and before December thirty-first, two thousand seven.
(d) For purposes of subdivisions (a) and (c) of this section,
construction shall be deemed to have commenced on the date immediately
following the issuance by the department of buildings of a new building
permit for an entire new building (based upon architectural, and
structural plans approved by such department) on which the excavation
and the construction of initial footings and foundations commences in
good faith, on vacant land and for the entire project site, as certified
by an architect or professional engineer licensed in the state, provided
that installation of footings and foundations is similarly certified by
such architect or engineer to have been completed without undue delay.
(e) The department of housing preservation and development may
promulgate rules and regulations for the effectuation of the purposes of
this section.
(f) The limitations on eligibility for benefits contained in this
section shall be in addition to those contained in any other law or
regulation.
Section 11-245.1
§ 11-245.1 Site eligibility limitations on benefits pursuant to
section four hundred twenty-one-a of the real property tax law.
(a) Where eligibility for benefits under section four hundred
twenty-one-a of the real property tax law is sought for any construction
commenced on or after November twenty-ninth, nineteen hundred
eighty-five and before May twelfth, two thousand on the basis that such
construction shall take place on land which, on the date thirty-six
months prior to the commencement of such construction, was improved with
a nonresidential building or buildings and was under-utilized, the
under-utilization of the land must have been such that each building or
buildings:
(1) contained no more than the permissible floor area ratio for
nonresidential buildings in the zoning district in question and a
floor area ratio which was twenty percent or less of the maximum
floor area ratio for residential buildings, or
(2) had an assessed valuation equal to or less than twenty percent
of the assessed valuation of the land on which the building or
buildings were situated, or
(3) by reason of the configuration of the building, or substantial
structural defects not brought about by deferred maintenance
practices or intentional conduct, could no longer be functionally or
economically utilized in the capacity in which it was formerly
utilized.
For purposes of this subdivision and subdivisions (a-1) through (a-4)
of this section, construction shall be deemed to have commenced on the
date immediately following the issuance by the department of buildings
of a new building permit for an entire new building (based upon
architectural, plumbing and structural plans approved by such
department) on which the excavation and the construction of initial
footings and foundations commences in good faith, on vacant land and for
the entire project site, as certified by an architect or professional
engineer licensed in the state, provided that installation of footings
and foundations is similarly certified by such architect or engineer to
have been completed without undue delay.
(a-1) Except as provided in subdivision (a-2) of this section, where
eligibility for benefits under section four hundred twenty-one-a of the
real property tax law is sought for any construction commenced on or
after May twelfth, two thousand and before the effective date of the
local law that added subdivisions (a-3) and (a-4) of this section on the
basis that such construction shall take place on land which, on the date
thirty-six months prior to the commencement of such construction, was
improved with a nonresidential building or buildings and was
under-utilized, the under-utilization of the land must have been such
that each building or buildings:
(1) contained no more than the permissible floor area ratio for
nonresidential buildings in the zoning district in question and a
floor area ratio which was seventy-five percent or less of the
maximum floor area ratio for residential buildings, or
(2) had an assessed valuation equal to or less than seventy-five
percent of the assessed valuation of the land on which the building
or buildings were situated, or
(3) by reason of the configuration of the building, or substantial
structural defects not brought about by deferred maintenance
practices or intentional conduct, could no longer be functionally or
economically utilized in the capacity in which it was formerly
utilized.
For purposes of this subdivision, construction shall be deemed to have
commenced as provided in subdivision (a) of this section.
(a-2) Where eligibility for benefits under section four hundred
twenty-one-a of the real property tax law is sought for any construction
on any tax lot now existing or hereafter created which is located south
of or adjacent to either side of one hundred tenth street in the borough
of Manhattan which construction commenced on or after May twelfth, two
thousand and before the effective date of the local law that added
subdivisions (a-3) and (a-4) of this section on the basis that such
construction shall take place on land which, on the date thirty-six
months prior to the commencement of such construction, was improved with
a nonresidential building or buildings and was under-utilized, the
under-utilization of the land must have been such that each building or
buildings:
(1) contained no more than the permissible floor area ratio for
nonresidential buildings in the zoning district in question and a
floor area ratio which was fifty percent or less of the maximum
floor area ratio for residential buildings, or
(2) had an assessed valuation equal to or less than fifty percent of
the assessed valuation of the land on which the building or
buildings were situated, or
(3) by reason of the configuration of the building, or substantial
structural defects not brought about by deferred maintenance
practices or intentional conduct, could no longer be functionally or
economically utilized in the capacity in which it was formerly
utilized.
For purposes of this subdivision, construction shall be deemed to have
commenced as provided in subdivision (a) of this section.
(a-3) Except as provided in subdivision (a-4) of this section, where
eligibility for benefits under section four hundred twenty-one-a of the
real property tax law is sought for any construction commenced on or
after the effective date of the local law that added this subdivision on
the basis that such construction shall take place on land which, on the
date thirty-six months prior to the commencement of such construction,
was improved with a nonresidential building or buildings and was
under-utilized, the under-utilization of the land must have been such
that each building or buildings:
(1) contained no more than the permissible floor area ratio for
nonresidential buildings in the zoning district in question and
either (i) had a floor area ratio which was seventy-five percent or
less of the maximum floor area ratio for residential buildings in
such zoning district, or (ii) if the land was not zoned to permit
residential use on the date thirty-six months prior to the
commencement of construction, had a floor area ratio which was
seventy-five percent or less of the floor area ratio of the
residential building which replaces such non-residential building,
or
(2) had an assessed valuation equal to or less than seventy-five
percent of the assessed valuation of the land on which the building
or buildings were situated, or
(3) by reason of the configuration of the building, or substantial
structural defects not brought about by deferred maintenance
practices or intentional conduct, could no longer be functionally or
economically utilized in the capacity in which it was formerly
utilized.
For purposes of this subdivision, construction shall be deemed to have
commenced as provided in subdivision (a) of this section.
(a-4) Where eligibility for benefits under section four hundred
twenty-one-a of the real property tax law is sought for any construction
on any tax lot now existing or hereafter created which is located south
of or adjacent to either side of one hundred tenth street in the borough
of Manhattan which construction commenced on or after the effective date
of the local law that added this subdivision on the basis that such
construction shall take place on land which, on the date thirty-six
months prior to the commencement of such construction, was improved with
a nonresidential building or buildings and was under-utilized, the
under-utilization of the land must have been such that each building or
buildings:
(1) contained no more than the permissible floor area ratio for
nonresidential buildings in the zoning district in question and
either (i) had a floor area ratio which was fifty percent or less of
the maximum floor area ratio for residential buildings in such
zoning district, or (ii) if the land was not zoned to permit
residential use on the date thirty-six months prior to the
commencement of construction, had a floor area ratio which was fifty
percent or less of the floor area ratio of the residential building
which replaces such non-residential building, or
(2) had an assessed valuation equal to or less than fifty percent of
the assessed valuation of the land on which the building or
buildings were situated, or
(3) by reason of the configuration of the building, or substantial
structural defects not brought about by deferred maintenance
practices or intentional conduct, could no longer be functionally or
economically utilized in the capacity in which it was formerly
utilized.
For purposes of this subdivision, construction shall be deemed to have
commenced as provided in subdivision (a) of this section.
(b) The department of housing preservation and development may
promulgate rules and regulations for the effectuation of the purposes of
this section.
(c) The limitations on benefits contained in this section shall be in
addition to those contained in any other law or regulation.
Section 11-245.1-a.
* § 11-245.1-a. Boundary review commission. (a) There shall be
established a boundary review commission consisting of eleven members,
including the commissioner of finance, the commissioner of housing
preservation and development, the commissioner of buildings, the
chairperson of the department of city planning, the director of the
office of management and budget, the executive director of the board of
standards and appeals and five members chosen by the speaker of the
council. The appointees of the speaker of the council shall serve at the
pleasure of the speaker. The commission shall elect a chairperson from
among its members.
(b) The boundary review commission shall undertake a biennial review
of the tax benefit program established pursuant to section four hundred
twenty-one-a of the real property tax law to determine whether the areas
for which the tax benefits are restricted pursuant to those provisions
of the administrative code which relate to such program should be
revised in any manner.
(c) In conducting a review to determine whether geographic exclusion
zones restricting benefits provided pursuant to section four hundred
twenty-one-a of the real property tax law should be revised, the
commission shall review measurers of housing activity and housing market
conditions throughout the city including (i) the amount of new
development; (ii) values in land sales, residential sales prices and
rents; (iii) trends in land sales, residential sales prices and rents
and other development trend data including land use trends, lot
consolidation and board of standards and appeals actions; (iv)
development potential; (v) relationship between volume of potential
development and existing housing; and (vi) financial feasibility of
development with and without the benefits provided pursuant to section
four hundred twenty-one-a of the real property tax law.
(d) On or before December first of each even numbered year following
the enactment of the local law that added this section, such commission
shall submit a report to the speaker of the council and the mayor on its
deliberations and shall include recommendations for revisions to such
boundaries that it deems appropriate or why no revisions were
recommended, including the methodology by which it applied the criteria
in subdivision c of this section to arrive at its recommendations, and
all data used to make such recommendations. Any recommendations shall be
consistent with the provisions of section four hundred twenty-one-a of
the real property tax law.
* NB Expired December 28, 2010
Section 11-245.1-b
* 11-245.1-b Limitations on benefits pursuant to section four hundred
twenty-one-a of the real property tax law.
(a) As used in this section, the following terms shall have the
following meanings:
(1) "Residential tax lot" shall mean a tax lot that contains dwelling
units.
(2) "Non-residential tax lot" shall mean a tax lot that does not
contain any dwelling units.
(3) "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 the local law that added this section.
(4) "Certificate of occupancy" shall mean the first certificate of
occupancy covering all residential areas of the building on or
containing a tax lot.
(5) "Unit count" shall mean (i) 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 (ii) 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.
(6) "Exemption cap" shall mean the unit count multiplied by the annual
limit.
(b) The provisions of this section shall apply only to projects that
commence construction on or after the effective date of the local law
that added this section.
(c) No benefits under section four hundred twenty-one-a of the real
property tax law shall be conferred for any multiple dwelling containing
fewer than four dwelling units, as set forth in the certificate of
occupancy, unless the construction of such multiple dwelling is carried
out with substantial assistance of grants, loans or subsidies from any
federal, state or local agency or instrumentality where such assistance
is provided pursuant to a program for the development of affordable
housing.
(d) The portion of the assessed valuation of any residential tax lot
exempted from real property taxation in any year pursuant to section
four hundred twenty-one-a of the real property tax law 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, in accordance with a regulatory agreement with or
approved by the department of housing preservation and development that
is applicable to such tax lot, (1) 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, or (2) the department of housing preservation and
development has imposed a requirement or has certified that twenty per
cent of the units be restricted income units. All such restricted income
units must be situated onsite. For the purposes of this section,
"onsite" shall mean that restricted income units shall be situated
within the building or buildings for which benefits pursuant to section
four hundred twenty-one-a of the real property tax law are being
granted. A dwelling unit that is located in two or more tax lots shall
be ineligible to receive any benefits under section four hundred
twenty-one-a of the real property tax law. 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 section four hundred twenty-one-a of
the real property tax law 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.
(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 only be eligible for the
benefits available pursuant to subparagraph (iii) of paragraph (a) of
subdivision two of section four hundred twenty-one-a of the real
property tax law if:
a. the construction 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, or
b. the department of housing preservation and development has imposed
a requirement or has certified that twenty percent of the units be
restricted income units. All such restricted income units must be
situated onsite.
(f) The department of housing preservation and development may
promulgate rules and regulations to effectuate the purposes of this
section.
(g) The limitations on eligibility for benefits contained in this
section shall be in addition to those contained in any other law, rule
or regulation.
(h) Notwithstanding anything to the contrary contained herein, the
limitations on eligibility for benefits contained in this section shall
not apply to a covered project as defined in subparagraph (i) of
paragraph a of subdivision six of section four hundred twenty-one-a of
the real property tax law.
* NB Expired December 28, 2010
Section 11-245.2
* § 11-245.2 Exemption for real property of certain water-works
corporations. Real property owned by a water-works corporation subject
to the provisions of the public service law and used exclusively for the
sale, furnishing and distribution of water for domestic, commercial and
public purposes, shall not be taxable.
* NB Added L.L. 55/85 § 1, language juxtaposed per Ch. 907/85 § 14
* NB Number supplied by the Legislative Bill Drafting Commission
Section 11-245.3
§ 11-245.3 Exemption for persons sixty-five years of age or over. 1.
Real property owned by one or more persons, each of whom is sixty-five
years of age or over, or real property owned by husband and wife or by
siblings, one of whom is sixty-five years of age or over, or real
property owned by one or more persons, some of whom qualify under this
section and section 11-245.4 of this part shall be exempt from taxes on
real estate to the extent of fifty per centum of the assessed valuation
thereof. For the purposes of this section, siblings shall mean a brother
or a sister, whether related through halfblood, whole blood or adoption.
2. Exemption from taxation for school purposes shall not be granted in
the case of real property where a child resides if such child attends a
public school of elementary or secondary education.
3. No exemption shall be granted:
(a) if the income of the owner or the combined income of the owners of
the property exceeds the sum of twenty-six thousand dollars beginning
July first, two thousand six, twenty-seven thousand dollars beginning
July first, two thousand seven, twenty-eight thousand dollars beginning
July first, two thousand eight, and twenty-nine thousand dollars
beginning July first, two thousand nine for the income tax year
immediately preceding the date of making application for exemption.
Income tax year shall mean the twelve month period for which the owner
or owners filed a federal personal income tax return, or if no such
return is filed, the calendar year. Where title is vested in either the
husband or the wife, their combined income may not exceed such sum,
except where the husband or wife, or ex-husband or ex-wife is absent
from the property as provided in subparagraph (ii) of paragraph (d) of
this subdivision, then only the income of the spouse or ex-spouse
residing on the property shall be considered and may not exceed such
sum. Such income shall include social security and retirement benefits,
interest, dividends, total gain from the sale or exchange of a capital
asset which may be offset by a loss from the sale or exchange of a
capital asset in the same income tax year, net rental income, salary or
earnings, and net income from self-employment, but shall not include
gifts, inheritances, a return of capital, payments made to individuals
because of their status as victims of Nazi persecution as defined in
P.L. 103-286, monies earned through employment in the federal foster
grandparent program, and veterans disability compensation as defined in
title 38 of the United States Code, and any such income shall be offset
by all medical and prescription drug expenses actually paid which were
not reimbursed or paid for by insurance. In computing net rental income
and net income from self-employment no depreciation deduction shall be
allowed for the exhaustion, wear and tear of real or personal property
held for the production of income.
(b) unless the title of the property shall have been vested in the
owner or one of the owners of the property for at least twelve
consecutive months prior to the date of making application for
exemption, provided, however, that in the event of the death of either
husband or wife in whose name title of the property shall have been
vested at the time of death and then becomes vested solely in the
survivor by virtue of devise by or descent from the deceased husband or
wife, the time of ownership of the property by the deceased husband or
wife shall be deemed also a time of ownership by the survivor and such
ownership shall be deemed continuous for the purposes of computing such
period of twelve consecutive months, and provided further, that in the
event of a transfer by either husband or wife to the other spouse of all
or part of the title to the property, the time of ownership of the
property by the transferer spouse shall be deemed also a time of
ownership by the transferee spouse and such ownership shall be deemed
continuous for the purposes of computing such period of twelve
consecutive months, and provided further, that where property of the
owner or owners has been acquired to replace property formerly owned by
such owner or owners and taken by eminent domain or other involuntary
proceeding, except a tax sale, and where a residence is sold and
replaced with another within one year and both are within the state, the
period of ownership of the former property shall be combined with the
period of ownership of the property for which application is made for
exemption and such periods of ownership shall be deemed to be
consecutive for purposes of this section. Where the owner or owners
transfer title to property which as of the date of transfer was exempt
from taxation under the provisions of this section, the reacquisition of
title by such owner or owners within nine months of the date of transfer
shall be deemed to satisfy the requirement of this paragraph that the
title of the property shall have been vested in the owner or one of the
owners for such period of twelve consecutive months. Where, upon or
subsequent to the death of an owner or owners, title to property which
as of the date of such death was exempt from taxation under such
provisions, becomes vested, by virtue of devise or descent from the
deceased owner or owners, or by transfer by any other means within nine
months after such death, solely in a person or persons who, at the time
of such death, maintained such property as a primary residence, the
requirement of this paragraph that the title of the property shall have
been vested in the owner or one of the owners for such period of twelve
consecutive months shall be deemed satisfied;
(c) unless the property is used exclusively for residential purposes,
provided, however, that in the event any portion of such property is not
so used exclusively for residential purposes but is used for other
purposes, such portion shall be subject to taxation and the remaining
portion only shall be entitled to the exemption provided by this
section;
(d) unless the property is the legal residence of and is occupied in
whole or in part by the owner or by all of the owners of the property;
except where, (i) an owner is absent from the residence while receiving
health-related care as an inpatient of a residential health care
facility, as defined in section twenty-eight hundred one of the public
health law, provided that any income accruing to that person shall be
income only to the extent that it exceeds the amount paid by such owner,
spouse, or co-owner for care in the facility, and provided further, that
during such confinement such property is not occupied by other than the
spouse or co-owner of such owner; or, (ii) the real property is owned by
a husband and/or wife, or an ex-husband and/or an ex-wife, and either is
absent from the residence due to divorce, legal separation or
abandonment and all other provisions of this section are met provided
that where an exemption was previously granted when both resided on the
property, then the person remaining on the real property shall be
sixty-two years of age or over.
4. Application for such exemption must be made by the owner, or all of
the owners of the property, on forms prescribed by the state board to be
furnished by the department of finance and shall furnish the information
and must be executed in the manner required or prescribed in such form
and shall be filed in the department of finance in the borough in which
the real property is located between the fifteenth day of January and
the fifteenth day of March. Notwithstanding any other provision of law,
any person otherwise qualifying under this section shall not be denied
the exemption under this section if he or she becomes sixty-five years
of age after the taxable status date and on or before December
thirty-first of the same year.
5. At least sixty days prior to the fifteenth day of January the
department of finance shall mail to each person who was granted
exemption pursuant to this section on the latest completed assessment
roll an application form and a notice that such application must be
filed between the fifteenth day of January and the fifteenth day of
March every two years from the year in which such exemption was granted
and be approved in order for the exemption to be granted. The department
of finance shall, within three days of the completion and filing of the
tentative assessment roll, notify by mail any applicant who has included
with his application at least one self-addressed, prepaid envelope, of
the approval or denial of the application; provided, however, where an
applicant has included two such envelopes, the department of finance
shall, upon the filing of the application, send by mail, notice of
receipt of that application. Where an applicant is entitled to notice of
denial provided herein, such notice shall state the reasons for such
denial and shall further state that such determination is reviewable in
a manner provided by law. Failure to mail any such application form or
notices or the failure of such person to receive any or all of the same
shall not prevent the levy, collection and enforcement of the payment of
the taxes on property owned by such person.
6. Any conviction of having made any willful false statement in the
application for such exemption shall be punishable by a fine of not more
than one hundred dollars and shall disqualify the applicant or
applicants from further exemption for a period of five years.
7. Notwithstanding the maximum income exemption eligibility level
provided in subdivision three of this section, an exemption, subject to
all other provisions of this section, shall be granted as indicated in
the following schedule:
Annual Income Percentage Assessed Valuation
as of July 1, 2006 Exempt From Taxation
More than $26,000 but less than $27,000 45 per centum
$27,000 or more but less than $28,000 40 per centum
$28,000 or more but less than $29,000 35 per centum
$29,000 or more but less than $29,900 30 per centum
$29,900 or more but less than $30,800 25 per centum
$30,800 or more but less than $31,700 20 per centum
$31,700 or more but less than $32,600 15 per centum
$32,600 or more but less than $33,500 10 per centum
$33,500 or more but less than $34,400 5 per centum
Percentage Assessed Valuation
Annual Income as of July 1, 2007 Exempt From Taxation
More than $27,000 but less than $28,000 45 per centum
$28,000 or more but less than $29,000 40 per centum
$29,000 or more but less than $30,000 35 per centum
$30,000 or more but less than $30,900 30 per centum
$30,900 or more but less than $31,800 25 per centum
$31,800 or more but less than $32,700 20 per centum
$32,700 or more but less than $33,600 15 per centum
$33,600 or more but less than $34,500 10 per centum
$34,500 or more but less than $35,400 5 per centum
Percentage Assessed Valuation
Annual Income as of July 1, 2008 Exempt From Taxation
More than $28,000 but less than $29,000 45 per centum
$29,000 or more but less than $30,000 40 per centum
$30,000 or more but less than $31,000 35 per centum
$31,000 or more but less than $31,900 30 per centum
$31,900 or more but less than $32,800 25 per centum
$32,800 or more but less than $33,700 20 per centum
$33,700 or more but less than $34,600 15 per centum
$34,600 or more but less than $35,500 10 per centum
$35,500 or more but less than $36,400 5 per centum
Percentage Assessed Valuation
Annual Income as of July 1, 2009 Exempt From Taxation
More than $29,000 but less than $30,000 45 per centum
$30,000 or more but less than $31,000 40 per centum
$31,000 or more but less than $32,000 35 per centum
$32,000 or more but less than $32,900 30 per centum
$32,900 or more but less than $33,800 25 per centum
$33,800 or more but less than $34,700 20 per centum
$34,700 or more but less than $35,600 15 per centum
$35,600 or more but less than $36,500 10 per centum
$36,500 or more but less than $37,400 5 per centum
8. Any exemption provided by this section shall be computed after all
partial exemptions allowed by law have been subtracted from the total
amount assessed.
9. Exemption from taxation as provided in this section on real
property owned by husband and wife, one of whom is sixty-five years of
age or older, once granted, shall not be rescinded solely because of the
death of the older spouse so long as the surviving spouse is at least
sixty-two years of age.
10. a. For the purposes of this section, title to that portion of real
property owned by a cooperative apartment corporation in which a
tenant-stockholder of such corporation resides and which is represented
by his or her share or shares of stock in such corporation as determined
by its or their proportional relationship to the total outstanding stock
of the corporation, including that owned by the corporation, shall be
deemed to be vested in such tenant-stockholder. That proportion of the
assessment of real property owned by a cooperative apartment
corporation, determined by the relationship of such real property vested
in such tenant-stockholder to such entire parcel and the buildings
thereon owned by such cooperative apartment corporation in which such
tenant-stockholder resides, shall be subject to exemption from taxation
pursuant to this section and any exemption so granted shall be credited
by the department of finance against the assessed valuation of such real
property; the reduction in real property taxes realized thereby shall be
credited by the cooperative apartment corporation against the amount of
such taxes otherwise payable by or chargeable to such
tenant-stockholder. Each cooperative apartment corporation shall notify
each tenant-stockholder in residence thereof of such provisions as are
set forth in this section.
b. Notwithstanding any other provision of law, a tenant-stockholder
who resides in a dwelling which is subject to the provisions of either
article II, IV, V or XI of the private housing finance law and who is
eligible for a rent increase exemption pursuant to chapter seven of
title twenty-six of this code shall not be eligible for an exemption
pursuant to this subdivision. Notwithstanding any other provision of
law, a tenant-stockholder who resides in a dwelling which is subject to
the provisions of either article II, IV, V or XI of the private housing
finance law and who is not eligible for a rent increase exemption
pursuant to chapter seven of title twenty-six of this code but who meets
the requirements for eligibility for an exemption pursuant to this
section shall be eligible for such exemption provided that such
exemption shall be in an amount determined by multiplying the exemption
otherwise allowable pursuant to this section by a fraction having a
numerator equal to the amount of real property taxes or payments in lieu
of taxes that were paid with respect to such dwelling and a denominator
equal to the full amount of real property taxes that would have been
owed with respect to such dwelling had it not been granted an exemption
or abatement of real property taxes pursuant to any provision of law,
provided, however, that any reduction in real property taxes received
with respect to such dwelling pursuant to chapter seven of title
twenty-six of this code or pursuant to this section shall not be
considered in calculating such numerator. Any tenant-stockholder who
resides in a dwelling which was or continues to be subject to a mortgage
insured or initially insured by the federal government pursuant to
section two hundred thirteen of the national housing act, as amended,
and who is eligible for both a rent increase exemption pursuant to
chapter seven of title twenty-six of this code and an exemption pursuant
to this subdivision, may apply for and receive either a rent increase
exemption pursuant to such chapter or an exemption pursuant to this
subdivision, but not both.
11. Exemption Option. Notwithstanding any provision of this part to
the contrary, real property owned by one or more persons where one of
such owners qualifies for a real property tax exemption pursuant to this
section or section 11-245.4 of this part, and another of such owners
qualifies for a different tax exemption pursuant to such sections of
this part as authorized by state law, such owners shall have the option
of choosing the one exemption which is most beneficial to such owners.
Such owners shall not be prohibited from taking one such exemption
solely on the basis that such owners qualify for more than one exemption
and therefore are not eligible for any exemptions.
Section 11-245.4
§ 11-245.4 Exemption for persons with disabilities.
1. (a) Real property owned by one or more persons with disabilities,
or real property owned by a husband, wife, or both, or by siblings, at
least one of whom has a disability, or real property owned by one or
more persons, some of whom qualify under this section and section
11-245.3 of this part, and whose income, as hereafter defined, is
limited by reason of such disability, shall be exempt from taxes on real
estate to the extent of fifty per centum of the assessed valuation
thereof as hereinafter provided. For purposes of this section, sibling
shall mean a brother or a sister, whether related through half blood,
whole blood or adoption.
(b) For purposes of this section, a person with a disability is one
who has a physical or mental impairment, not due to current use of
alcohol or illegal drug use, which substantially limits such person's
ability to engage in one or more major life activities, such as caring
for one's self, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning and working, and who (i) is certified to
receive social security disability insurance (SSDI) or supplemental
security income (SSI) benefits under the federal social security act, or
(ii) is certified to receive railroad retirement disability benefits
under the federal railroad retirement act, or (iii) has received a
certificate from the state commission for the blind and visually
handicapped stating that such person is legally blind, or (iv) is
certified to receive a United States postal service disability pension.
An award letter from the social security administration or the railroad
retirement board or a certificate from the state commission for the
blind and visually handicapped or an award letter from the United States
postal service shall be submitted as proof of disability.
2. Exemption from taxation for school purposes shall not be granted in
the case of real property where a child resides if such child attends a
public school of elementary or secondary education.
3. No exemption shall be granted:
(a) if the income of the owner or the combined income of the owners of
the property for the income tax year immediately preceding the date of
making application for exemption exceeds the sum of twenty-six thousand
dollars beginning July first, two thousand six, twenty-seven thousand
dollars beginning July first, two thousand seven, twenty-eight thousand
dollars beginning July first, two thousand eight, and twenty-nine
thousand dollars beginning July first, two thousand nine. Income tax
year shall mean the twelve month period for which the owner or owners
filed a federal personal income tax return, or if no such return is
filed, the calendar year. Where title is vested in either the husband or
the wife, their combined income may not exceed such sum, except where
the husband or wife, or ex-husband or ex-wife is absent from the
property due to divorce, legal separation or abandonment, then only the
income of the spouse or ex-spouse residing on the property shall be
considered and may not exceed such sum. Such income shall include social
security and retirement benefits, interest, dividends, total gain from
the sale or exchange of a capital asset which may be offset by a loss
from the sale or exchange of a capital asset in the same income tax
year, net rental income, salary or earnings, and net income from
self-employment, but shall not include a return of capital, gifts,
inheritances or monies earned through employment in the federal foster
grandparent program and any such income shall be offset by all medical
and prescription drug expenses actually paid which were not reimbursed
or paid for by insurance. In computing net rental income and net income
from self-employment no depreciation deduction shall be allowed for the
exhaustion, wear and tear of real or personal property held for the
production of income;
(b) unless the property is used exclusively for residential purposes,
provided, however, that in the event any portion of such property is not
so used exclusively for residential purposes but is used for other
purposes, such portion shall be subject to taxation and the remaining
portion only shall be entitled to the exemption provided by this
section;
(c) unless the real property is the legal residence of and is occupied
in whole or in part by the disabled person; except where the disabled
person is absent from the residence while receiving health-related care
as an inpatient of a residential health care facility, as defined in
section twenty-eight hundred one of the public health law, provided that
any income accruing to that person shall be considered income for
purposes of this section only to the extent that it exceeds the amount
paid by such person or spouse or sibling of such person for care in the
facility.
4. Application for such exemption must be made annually by the owner,
or all of the owners of the property, on forms prescribed by the state
board, and shall be filed with the department of finance on or before
the fifteenth day of March of the appropriate year; provided, however,
proof of a permanent disability need be submitted only in the year
exemption pursuant to this section is first sought or the disability is
first determined to be permanent.
5. At least sixty days prior to the fifteenth day of March of the
appropriate year, the department of finance shall mail to each person
who was granted exemption pursuant to this section on the latest
completed assessment roll an application form and a notice that such
application must be filed on or before the fifteenth day of March and be
approved in order for the exemption to continue to be granted. Failure
to mail such application form or the failure of such person to receive
the same shall not prevent the levy, collection and enforcement of the
payment of the taxes on property owned by such person.
6. Notwithstanding the maximum income exemption eligibility level
provided in subdivision three of this section, an exemption, subject to
all other provisions of this section, shall be granted as indicated in
the following schedule:
Percentage Assessed Valuation
Annual Income as of July 1, 2006 Exempt From Taxation
More than $26,000 but less than $27,000 45 per centum
$27,000 or more but less than $28,000 40 per centum
$28,000 or more but less than $29,000 35 per centum
$29,000 or more but less than $29,900 30 per centum
$29,900 or more but less than $30,800 25 per centum
$30,800 or more but less than $31,700 20 per centum
$31,700 or more but less than $32,600 15 per centum
$32,600 or more but less than $33,500 10 per centum
$33,500 or more but less than $34,400 5 per centum
Percentage Assessed Valuation
Annual Income as of July 1, 2007 Exempt From Taxation
More than $27,000 but less than $28,000 45 per centum
$28,000 or more but less than $29,000 40 per centum
$29,000 or more but less than $30,000 35 per centum
$30,000 or more but less than $30,900 30 per centum
$30,900 or more but less than $31,800 25 per centum
$31,800 or more but less than $32,700 20 per centum
$32,700 or more but less than $33,600 15 per centum
$33,600 or more but less than $34,500 10 per centum
$34,500 or more but less than $35,400 5 per centum
Percentage Assessed Valuation
Annual Income as of July 1, 2008 Exempt From Taxation
More than $28,000 but less than $29,000 45 per centum
$29,000 or more but less than $30,000 40 per centum
$30,000 or more but less than $31,000 35 per centum
$31,000 or more but less than $31,900 30 per centum
$31,900 or more but less than $32,800 25 per centum
$32,800 or more but less than $33,700 20 per centum
$33,700 or more but less than $34,600 15 per centum
$34,600 or more but less than $35,500 10 per centum
$35,500 or more but less than $36,400 5 per centum
Percentage Assessed Valuation
Annual Income as of July 1, 2009 Exempt From Taxation
More than $29,000 but less than $30,000 45 per centum
$30,000 or more but less than $31,000 40 per centum
$31,000 or more but less than $32,000 35 per centum
$32,000 or more but less than $32,900 30 per centum
$32,900 or more but less than $33,800 25 per centum
$33,800 or more but less than $34,700 20 per centum
$34,700 or more but less than $35,600 15 per centum
$35,600 or more but less than $36,500 10 per centum
$36,500 or more but less than $37,400 5 per centum
7. Any exemption provided by this section shall be computed after all
other partial exemptions allowed by law have been subtracted from the
total amount assessed; provided, however, that no parcel may receive an
exemption pursuant to both this section and section 11-245.3.
8. (a) For purposes of this section, title to that portion of real
property owned by a cooperative apartment corporation in which a
tenant-stockholder of such corporation resides, and which is represented
by his or her share or shares of stock in such corporation as determined
by its or their proportional relationship to the total outstanding stock
of the corporation, including that owned by the corporation, shall be
deemed to be vested in such tenant-stockholder. That proportion of the
assessment of such real property owned by a cooperative apartment
corporation determined by the relationship of such real property vested
in such tenant-stockholder to such entire parcel and the buildings
thereon owned by such cooperative apartment corporation in which such
tenant-stockholder resides shall be subject to exemption from taxation
pursuant to this section and any exemption so granted shall be credited
by the department of finance against the assessed valuation of such real
property; the reduction in real property taxes realized thereby shall be
credited by the cooperative apartment corporation against the amount of
such taxes otherwise payable by or chargeable to such
tenant-stockholder.
(b) Notwithstanding any other provision of law, a tenant-stockholder
who resides in a dwelling which is subject to the provisions of either
article II, IV, V or XI of the private housing finance law shall not be
eligible for an exemption pursuant to this subdivision.
9. Notwithstanding any other provision of law to the contrary, the
provisions of this section shall apply to real property held in trust
solely for the benefit of a person or persons who would otherwise be
eligible for a real property tax exemption, pursuant to subdivision one
of this section, were such person or persons the owner or owners of such
real property.
10. Exemption Option. Notwithstanding any provision of this part to
the contrary, real property owned by one or more persons where one of
such owners qualifies for a real property tax exemption pursuant to this
section or section 11-245.3 of this part, and another of such owners
qualifies for a different tax exemption pursuant to such sections of
this part as authorized by state law, such owners shall have the option
of choosing the one exemption which is most beneficial to such owners.
Such owners shall not be prohibited from taking one such exemption
solely on the basis that such owners qualify for more than one exemption
and therefore are not eligible for any exemptions.
Section 11-245.45
§ 11-245.45 Exemption for veterans. Pursuant to paragraph (d) of
subdivision eight of section four hundred fifty-eight of the real
property tax law, the city hereby authorizes real property owned by a
cooperative apartment corporation to be exempt from taxation in
accordance with such section and any local laws adopted pursuant to such
section beginning July first, nineteen hundred ninety-eight.
Section 11-245.5
§ 11-245.5 Alternative exemption for veterans. Pursuant to paragraph
(d) of subdivision six of section four hundred fifty-eight-a of the real
property tax law, the city hereby authorizes real property owned by a
cooperative apartment corporation to be exempt from taxation in
accordance with such section and any local laws adopted pursuant to such
section beginning July first, nineteen hundred ninety-eight.
Section 11-245.6
§ 11-245.6 Alternative exemption for veterans; maximum exemptions
allowable. Pursuant to subparagraph (ii) of paragraph (d) of subdivision
two of section four hundred fifty-eight-a of the real property tax law,
the city hereby increases the maximum exemptions allowable in paragraphs
(a), (b) and (c) of subdivision two of section four hundred
fifty-eight-a of the real property tax law. The maximum exemption
allowable in such paragraph (a) shall be fifteen percent of the assessed
value of the qualifying residential real property; provided, however,
that such exemption shall not exceed fifty-four thousand dollars or the
product of fifty-four thousand dollars multiplied by the latest class
ratio, whichever is less. In addition to the exemption provided by such
paragraph (a), as increased by this section, the maximum exemption
allowable in such paragraph (b) shall be ten percent of the assessed
value of the qualifying residential real property; provided, however,
that such exemption shall not exceed thirty-six thousand dollars or the
product of thirty-six thousand dollars multiplied by the latest class
ratio, whichever is less. In addition to the exemptions provided by such
paragraphs (a) and (b), as increased by this section, the maximum
exemption allowable in such paragraph (c) shall be the product of the
assessed value of the qualifying residential real property multiplied by
fifty percent of the veteran's disability rating; provided, however,
that such exemption shall not exceed one hundred eighty thousand dollars
or the product of one hundred eighty thousand dollars multiplied by the
latest class ratio, whichever is less. The maximum exemptions allowable
in such paragraphs (a), (b) and (c), as increased by this section, shall
not apply to any assessment roll completed and filed prior to the first
day of January, two thousand six.
Section 11-245.7
§ 11-245.7 Alternative exemption for veterans; gold star parent.
Pursuant to paragraph (b) of subdivision seven of section four hundred
fifty-eight-a of the real property tax law, and in accordance with such
section and any local laws adopted pursuant thereto, the city hereby
includes a gold star parent within the definition of "qualified owner"
as provided in paragraph (c) of subdivision one of such section, and
includes property owned by a gold star parent within the definition of
"qualifying residential real property" as provided in paragraph (d) of
subdivision one of such section, provided that such property is the
primary residence of the gold star parent.
Section 11-245.8.
* § 11-245.8. Notice of residential property tax exemptions. a. The
commissioner of finance or his or her designee, shall provide a notice
relating to the lien sale process to all property owners, included with
the notice of value sent to property owners by the department of finance
pursuant to section 1511 of the New York city charter and, in addition,
no later than October thirty-first of each year, to any property owner
who is delinquent in the payment of any real property taxes,
assessments, or any other charges that are made a lien subject to the
provisions of chapter three of this title, except sewer rents, sewer
charges and water rents, if such delinquency, in the aggregate, equals
or exceeds the sum of one thousand dollars. This notice shall include,
but not be limited to, actions homeowners can take if a lien is sold on
such property; the type of debt that can be sold in a lien sale; a
timeline of statutory notifications required pursuant to section 11-320
of this title; a clear, concise explanation of the consequences of the
sale of a tax lien; the telephone number and electronic mail address of
the employee or employees designated pursuant to subdivision f of
section 11-320 of this title; a conspicuous statement that an owner of
any class of property may enter into a payment plan for the satisfaction
of delinquent real property taxes, assessments, sewer rents, sewer
surcharges, water rents, and any other charges that are made a lien
subject to the provisions of chapter three of this title, or exclusion
from the tax lien sale; and credits and property tax exemptions that may
exclude certain class one real property from a tax lien sale. Such
notice shall also include information on the following real property tax
credits or real property tax exemptions:
1. the senior citizen homeowner exemption pursuant to section 11-245.3
of this chapter;
2. the exemption for persons with disabilities pursuant to section
11-245.4 of this chapter;
3. the exemptions for veterans pursuant to sections four hundred
fifty-eight and four hundred fifty eight-a of the real property tax law;
4. the school tax relief (STAR) exemption pursuant to section four
hundred twenty-five of the real property tax law;
5. the enhanced school tax relief (STAR) exemption pursuant to
subdivision four of section four hundred twenty-five of the real
property tax law;
6. the state circuit breaker income tax credit pursuant to subsection
(e) of section six hundred six of the tax law; and
7. any other credit or residential real property tax exemption, which,
in the discretion of the commissioner, should be included in such
notice.
Upon such property owner's written request, or verbal request to 311
or any employee designated pursuant to subdivision f of section 11-320
of this title, a Chinese, Korean, Russian or Spanish translation of such
notice shall be provided promptly to such property owner.
b. The notice required pursuant to this section shall include:
1. a brief description of each exemption program; and
2. a phone number at the department and a website address where
taxpayers can obtain additional information on the exemption programs
and all necessary forms and applications.
* NB There are 2 § 11-245.8's
Section 11-245.8
* § 11-245.8 ENERGY STAR appliances. a. For the purposes of this
section, the following definitions shall apply in conjunction with the
definitions found in sections 27-232 and 27-2004 of this code:
(1) The term "ENERGY STAR" shall mean a designation from the United
States environmental protection agency or department of energy
indicating that a product meets the energy efficiency standards set
forth by the agency for compliance with the ENERGY STAR program.
(2) The term "household appliance" shall mean any refrigerator, room
air conditioner, dishwasher or clothes washer, within a dwelling unit in
a multiple dwelling that is provided by the owner of such multiple
dwelling. This definition shall also include any boiler or furnace that
provides heat or hot water for any dwelling unit in a multiple dwelling.
b. For any building for which any benefit is conferred pursuant to
four hundred eighty-nine of the real property tax law, whenever any
household appliance in any dwelling unit, or any household appliance
that provides heat or hot water for any dwelling unit in a multiple
dwelling, is installed or replaced with a new household appliance, such
new appliance shall be certified as Energy Star.
c. For any building for which any benefit is conferred pursuant to
section four hundred twenty-one-a of the real property tax law, whenever
any household appliance in any dwelling unit, or any household appliance
that provides heat or hot water for any dwelling unit in a multiple
dwelling, is installed or replaced with a new household appliance, such
new appliance shall be certified as Energy Star.
d. The commissioner may enact rules requiring additional energy
conservation measures for any building for which any benefit is
conferred pursuant to section four hundred eighty-nine of the real
property tax law or section four hundred twenty-one-a of the real
property tax law.
e. The commissioner shall inform applicants for any benefits affected
by this section of the requirements of this section.
f. The requirements of subdivisions b and c of this section shall not
apply where:
1) an ENERGY STAR certified household appliance of appropriate size is
not manufactured, such that movement of walls or fixtures would be
necessary to create sufficient space for such appliance; or
2) an ENERGY STAR certified boiler or furnace of sufficient capacity
is not manufactured.
* NB There are 2 § 11-245.8's
Section 11-245.9
§ 11-245.9 Alternative exemption for veterans; transfer of title. 1.
Pursuant to subdivision eight of section four hundred fifty-eight-a of
the real property tax law, where a veteran, the spouse of the veteran or
unremarried surviving spouse already receiving an exemption pursuant to
such section sells the property receiving such exemption and purchases
property within the city, the department of finance shall transfer and
prorate, for the remainder of the fiscal year, the exemption received.
The prorated exemption shall be based upon the date the veteran, the
spouse of the veteran or unremarried surviving spouse obtains title to
the new property and shall be calculated by multiplying the tax rate for
which taxes were levied, on the appropriate tax roll used for the fiscal
year during which the transfer occurred, multiplied by the previously
granted exempt amount, multiplied by the fraction of each fiscal year
remaining subsequent to the transfer of title.
2. Nothing in this section shall be construed to remove the
requirement that any such veteran, the spouse of the veteran or
unremarried surviving spouse transferring an exemption pursuant to
subdivision one of this section shall reapply for the exemption
authorized pursuant to section four hundred fifty-eight-a of the real
property tax law on or before the following taxable status date, in the
event such veteran, the spouse of the veteran or unremarried surviving
spouse wishes to receive the exemption in future fiscal years.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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