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A10741 Summary:

BILL NOA10741
 
SAME ASSAME AS S08159
 
SPONSORFarrell
 
COSPNSRWeinstein, Robinson, Glick, Pretlow
 
MLTSPNSR
 
Amd 606 & 42, Tax L; amd 425, 520 & 1306-a; RPT L; amd 207, RWB L; amd 1, Chap 53 of 2016; amd 3614-c, Pub Health L; amd 11, Chap 710 of 1988; amd 1678-a, Pub Auth L; amd 3, Chap 549 of 1994; amd 1, Chap 55 of 2016; amd 34, Chap 91 of 2002; amd 17, Chap 345 of 2009; add 2590-r-1, amd 355 & 2851, Ed L; add 1308, 1309 & 1310, amd 1303, 1304, 1351 & 1353, RPAP L; amd R3408, CPLR
 
Relates to a school tax reduction credit for residents of a city with a population over one million; relates to the school tax relief exemption (Part A); relates to the farm workforce retention credit (Part B); relates to the board of directors of NYRA (Part C); amends the aid to localities budget, relating to nonpublic school aid payable in the 2014-2015 state fiscal year (Part D); relates to home care worker wage parity (Part E); relates to effectiveness of certain managed care programs (Part F); relates to enforcement of building codes of the City of New York (Part G); intentionally omitted (Part H); relates to the New York state design and construction corporation act (Part I); extends provisions relating to the membership composition of the metropolitan transportation authority board (Part J); amends the aid to localities budget, relating to the office for aging community services program and the Wadsworth center for laboratories and research program (Part K); amends the aid to localities budget, relating to making technical corrections thereto (Part L); amends the capital projects budget, relating to general maintenance and improvements for the city university of New York and state university of New York (Part M); intentionally omitted (Part N); relates to extending the provisions relating to the reorganization of the NYC school construction authority, board of education and community boards; extends such provisions until 2017; relates to school based budgeting and expenditure reporting (Part O); and relates to the duties and powers of charter entities (Part P).
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A10741 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10741
 
                   IN ASSEMBLY
 
                                      June 17, 2016
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Farrell) --
          (at request of the Governor) -- read once and referred to the  Commit-
          tee on Ways and Means
 
        AN ACT to amend the tax law, in relation to a school tax reduction cred-
          it  for  residents  of  a  city with a population over one million; to
          amend the real property tax law and the tax law, in  relation  to  the
          school  tax  relief  exemption  (Part  A);  to  amend  the tax law, in
          relation to the farm workforce retention credit (Part B); to amend the
          racing, pari-mutuel wagering and breeding  law,  in  relation  to  the
          board  of  directors  of  the New York racing association (Part C); to
          amend chapter 53 of the laws of 2016 enacting the  Aid  to  Localities
          Budget,  in  relation  to  the office of prekindergarten through grade
          twelve education program (Part D); to amend the public health law,  in
          relation  to  home  care worker wage parity (Part E); to amend chapter
          710 of the laws of 1988, amending the  social  services  law  and  the
          education  law  relating  to medical assistance eligibility of certain
          persons and providing for managed medical care demonstration programs,
          in relation to the effectiveness thereof (Part  F);  relating  to  the
          enforcement of building codes of the city of New York (Part G); inten-
          tionally  omitted  (Part  H);  to amend the public authorities law, in
          relation to the New York state design and construction corporation act
          (Part I); to amend chapter 549 of  the  laws  of  1994,  amending  the
          public  authorities  law relating to the membership composition of the
          metropolitan transportation authority board, in relation to  extending
          the  effectiveness of such provisions (Part J); to amend chapter 53 of
          the laws of 2016 enacting the Aid to Localities Budget, in relation to
          the office of aging  community  services  program  and  the  Wadsworth
          center  for laboratories and research program (Part K); to amend chap-
          ter 53 of the laws of 2016, enacting the Aid to Localities Budget,  in
          relation  to  making  technical corrections thereto (Part L); to amend
          chapter 55 of the laws of 2016 enacting the Capital  Projects  Budget,
          in  relation  to  general  maintenance  and  improvements for the city
          university of New York and state university  of  New  York  (Part  M);
          intentionally  omitted  (Part  N);  to amend chapter 91 of the laws of
          2002, amending the education law and other laws relating  to  reorgan-
          ization  of  the New York city school construction authority, board of
          education and community boards, in relation to the effectiveness ther-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12095-01-6

        A. 10741                            2
 
          eof; and to amend chapter 345 of the laws of 2009, amending the educa-
          tion law and other laws relating to the New York city board of  educa-
          tion, chancellor, community councils and community superintendents, in
          relation to the effectiveness thereof; and to amend the education law,
          in  relation to community school district based budgeting and expendi-
          ture reporting (Part O); to amend the education law,  in  relation  to
          the  duties  and powers of charter entities (Part P); and to amend the
          real property actions and proceedings law and the civil  practice  law
          and  rules, in relation to foreclosure proceedings and pre-foreclosure
          notices (Part Q)
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2016-2017
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as Parts A through Q. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.
 
    12                                   PART A
 
    13    Section 1. Subsection (eee) of section 606 of the tax law, as added by
    14  section  1  of  part  E  of chapter 60 of the laws of 2016 is relettered
    15  subsection (ggg).
    16    § 2. Subdivision 16 of section 425 of the real property  tax  law,  as
    17  added  by  section  1  of  part  F of chapter 60 of the laws of 2016, is
    18  renumbered subdivision 15-a and amended to read as follows:
    19    [(16)] 15-a. Direct payments. Notwithstanding any provision of law  to
    20  the  contrary,  when  the  commissioner  finds that a property owner was
    21  eligible for the STAR exemption authorized by this section on an assess-
    22  ment roll, but the exemption was not taken into account  in  the  calcu-
    23  lation  of the property owner's school tax bill due to an administrative
    24  error, and the property owner or his or  her  agent  paid  an  excessive
    25  amount of school taxes on the property as a result, the commissioner [of
    26  taxation  and  finance]  is authorized to remit directly to the property
    27  owner the tax savings that the STAR exemption would have yielded if  the
    28  STAR  exemption  had  been taken into account in the calculation of that
    29  taxpayer's school tax bill. The amounts payable under this section shall
    30  be paid from the account established for the payment of STAR benefits to
    31  late registrants pursuant to subparagraph  (iii)  of  paragraph  (a)  of
    32  subdivision  fourteen  of  this  section.  Where such a payment has been
    33  made, neither the property owner nor his or her agent shall be  entitled
    34  to  a  refund of the excessive amount of school taxes paid on account of
    35  the administrative error.
    36    § 3. Paragraph (c) of subdivision 11 of section 425 of the real  prop-
    37  erty tax law, as added by section 1 of part B of chapter 389 of the laws
    38  of 1997, is amended to read as follows:

        A. 10741                            3

     1    (c) Transfers of title. When the assessor has received a report pursu-
     2  ant  to section five hundred seventy-four of this [article] chapter of a
     3  transfer of title to real property which  is  exempt  pursuant  to  this
     4  section, the assessor shall [send the new owner or owners as shown ther-
     5  eon an application for the exemption authorized by this section] discon-
     6  tinue  the exemption as required by subdivision sixteen of this section.
     7  The assessor shall not implement the provisions of section five  hundred
     8  twenty  of  this chapter upon such a transfer, except to the extent that
     9  the property may also be receiving one or more other exemptions.
    10    § 4. Paragraph (c) of subdivision 6 of section 425 of the real proper-
    11  ty tax law, as amended by chapter 570 of the laws of 1998, is amended to
    12  read as follows:
    13    (c) Senior citizens exemption.  When  property  is  eligible  for  the
    14  senior citizens exemption authorized by section four hundred sixty-seven
    15  of this article, it shall also be deemed to be eligible for the enhanced
    16  exemption  authorized  by  this  section  for  certain  senior citizens,
    17  provided, where applicable, that the age requirement  established  by  a
    18  municipal  corporation  pursuant  to  subdivision  five  of section four
    19  hundred sixty-seven of this article is satisfied, and no separate appli-
    20  cation need be filed therefor. Provided, however, that the provisions of
    21  this paragraph shall only apply where at least  one  of  the  applicants
    22  held  title to the property on the taxable status date of the assessment
    23  roll that was used to levy school district taxes for  the  two  thousand
    24  fifteen--two  thousand  sixteen school year and the property was granted
    25  an exemption pursuant to this section on such assessment roll.
    26    § 5. Subdivision 16 of section 425 of the real property  tax  law,  as
    27  added  by  section  2  of  part  A of chapter 60 of the laws of 2016, is
    28  amended to read as follows:
    29    16. Transition to personal  income  tax  credit.  (a)  Beginning  with
    30  assessment rolls used to levy school district taxes for the two thousand
    31  sixteen--two  thousand  seventeen  school  year,  no  application for an
    32  exemption under this section may be [filed or] approved unless at  least
    33  one  of  the applicants held title to the property on the taxable status
    34  date of the assessment roll that was used to levy school district  taxes
    35  for  the  two thousand fifteen--two thousand sixteen school year and the
    36  property was granted an exemption  pursuant  to  this  section  on  that
    37  assessment  roll.  In  the event that an application is submitted to the
    38  assessor that cannot be approved due to this restriction,  the  assessor
    39  shall notify the applicant that he or she is required by law to deny the
    40  application,  but  that,  in lieu of a STAR exemption, the applicant may
    41  claim the personal income tax credit authorized by subsection  (eee)  of
    42  section  six hundred six of the tax law if eligible, and that the appli-
    43  cant may contact the department of  taxation  and  finance  for  further
    44  information. The commissioner shall provide a form for assessors to use,
    45  at their option, when making this notification. No STAR exemption may be
    46  granted  on  the  basis  of an application that is not approvable due to
    47  this restriction.
    48    (b) Where property received an exemption pursuant to this  section  on
    49  an  assessment roll used to levy school district taxes for the two thou-
    50  sand fifteen--two thousand sixteen school year, and at least one of  its
    51  owners  held  title  to  the property on the taxable status date of such
    52  assessment roll, the exemption shall continue to be  granted  on  subse-
    53  quent assessment rolls without regard to the provisions of this subdivi-
    54  sion  as  long as all applicable requirements of this section are satis-
    55  fied. In addition, such exemption shall be subject  to  modification  as
    56  follows:

        A. 10741                            4
 
     1    (i)  A  basic  STAR  exemption  shall  be  changed to an enhanced STAR
     2  exemption if the owners and spouses primarily residing on  the  property
     3  file  a  timely application showing that their ages and incomes meet the
     4  requirements of subdivision four of this section.
     5    (ii)  An  enhanced  STAR  exemption  shall  be changed to a basic STAR
     6  exemption if the combined income of the  owners  and  spouses  primarily
     7  residing  on  the  property increases above the limit set by subdivision
     8  four of this section, subject to the provisions of subparagraph (iii) of
     9  this paragraph, provided that if their combined income falls  below  the
    10  limit  set  by  subdivision  four  of  this section in the future, their
    11  enhanced STAR exemption may be resumed upon timely application.
    12    (iii) A STAR exemption shall be discontinued if the combined income of
    13  the owners and spouses primarily  residing  on  the  property  increases
    14  above  the limit set by subdivision three of this section, provided that
    15  if their income falls  below  such  limit  in  the  future,  their  STAR
    16  exemption may be resumed upon timely application.
    17    (iv)  A STAR exemption shall be permanently discontinued if the owners
    18  fail to satisfy the applicable residency or  ownership  requirement,  or
    19  both.
    20    (c)  If  the  owners  of a parcel that is receiving the STAR exemption
    21  authorized by this section want to claim the personal income tax  credit
    22  authorized by subsection (eee) of section six hundred six of the tax law
    23  in  lieu of such exemption, they all must renounce that exemption in the
    24  manner provided by section four hundred ninety-six of this chapter,  and
    25  must pay any required taxes, interest and penalties, on or before Decem-
    26  ber  thirty-first  of  the taxable year for which they want to claim the
    27  credit. Any such renunciation shall be irrevocable.
    28    (d) Notwithstanding the  foregoing  provisions  of  this  subdivision,
    29  where  a property served as the primary residence of a married couple on
    30  the taxable status date of the assessment roll that  was  used  to  levy
    31  school district taxes for the two thousand fifteen--two thousand sixteen
    32  school  year,  but only one of the spouses held title to the property on
    33  that taxable status date, and that spouse has since died and his or  her
    34  interest  in  the  property  has  been inherited by his or her surviving
    35  spouse, the surviving spouse shall be entitled to apply for and  receive
    36  an  exemption  under this section to the same extent as if he or she had
    37  held title to the property on that taxable status date.
    38    [(c)] (e) The provisions of this subdivision shall apply to all appli-
    39  cations for STAR exemptions beginning with assessment rolls used to levy
    40  school district taxes for the two thousand sixteen--two thousand  seven-
    41  teen  school year, including those submitted prior to the effective date
    42  of this subdivision. If any application was approved prior to the effec-
    43  tive date of this subdivision that is  not  approvable  hereunder,  such
    44  approval shall be deemed void, and the assessor shall provide the appli-
    45  cant  with  the  notice  required  by paragraph (a) of this subdivision,
    46  provided that if a STAR exemption is granted on  a  tentative  or  final
    47  assessment  roll  or tax roll on the basis of an application that is not
    48  approvable hereunder, the assessor, or other local official or officials
    49  having custody and control  of  such  roll,  is  hereby  authorized  and
    50  directed  to  remove such exemption from such roll without regard to the
    51  provisions of title three of article five of this chapter or any  compa-
    52  rable  laws governing the correction of administrative errors on assess-
    53  ment rolls and tax rolls, notwithstanding any provision of  law  to  the
    54  contrary. If an application was submitted prior to the effective date of
    55  this  subdivision  but  is  not  approvable hereunder, the applicant may
    56  apply for advance payment of the personal income tax  credit  authorized

        A. 10741                            5
 
     1  by  subsection  (eee)  of section six hundred six of the tax law for the
     2  two thousand sixteen taxable year, if eligible, in the  manner  provided
     3  by  paragraph  ten of such subsection, [notwithstanding the time limita-
     4  tions  contained  in  that  paragraph] even if the property was acquired
     5  prior to January first of the taxable year.
     6    § 6. Subdivision 3 of section 520 of the real  property  tax  law,  as
     7  amended  by  section  4  of part A of chapter 60 of the laws of 2016, is
     8  amended to read as follows:
     9    3. For purposes of any fiscal year or years during which title to such
    10  property is transferred, such property shall  be  deemed  to  have  been
    11  omitted  and  the assessed value thereof shall be entered on the assess-
    12  ment roll to be used for the next tax levy  by  or  for  each  municipal
    13  corporation  in  which  such  property  is located in the same manner as
    14  provided by title three of article five of this chapter with respect  to
    15  a  parcel  omitted  from the assessment roll of the previous year. A pro
    16  rata tax shall be  extended  against  the  property  for  the  unexpired
    17  portion  of  each  fiscal year. Such real property shall be taxed at the
    18  tax rate or tax rates for the fiscal  year  during  which  the  transfer
    19  occurred. The amount of tax or taxes levied pursuant to this subdivision
    20  shall  be  deducted  from the aggregate amount of taxes to be levied for
    21  the fiscal year immediately succeeding the fiscal year during which  the
    22  transfer  occurred[;  provided,  however,  that  where  the  property is
    23  receiving a school tax relief (STAR)  exemption  authorized  by  section
    24  four  hundred  twenty-five  of  this  chapter, the portion of the tax or
    25  taxes levied that equals the recovered STAR tax savings shall be applied
    26  to reduce the amount of aid payable to the school district under  subdi-
    27  vision three of section thirteen hundred six-a of this chapter].
    28    §  7. Subdivision 6 of section 1306-a of the real property tax law, as
    29  added by section 5 of part A of chapter 60  of  the  laws  of  2016,  is
    30  amended to read as follows:
    31    6. When the commissioner determines, at least thirty days prior to the
    32  levy  of  school  district taxes, that an advance credit of the personal
    33  income tax credit authorized by subsection (eee) of section six  hundred
    34  six  of  the  tax law will be provided to the owners of a parcel in that
    35  school district, he or she shall so  notify  the  assessor,  the  county
    36  director  of  real  property  tax  services,  and the authorities of the
    37  school district, who shall cause a statement to be  placed  on  the  tax
    38  bill  for  the  parcel  in  substantially  the  following  form: "A STAR
    39  [reimbursement] check of $     will be mailed to you  upon  issuance  by
    40  the  NYS  Tax  Department[.]". The commissioner shall [advice the school
    41  district authorities] advise such officials of the amount to be  entered
    42  therein.  Notwithstanding  any  provision of law to the contrary, in the
    43  event that the parcel in question had been granted a STAR  exemption  on
    44  the  assessment  roll upon which school district taxes are to be levied,
    45  such exemption shall be deemed null and void, shall be removed from  the
    46  assessment  roll, and shall be disregarded when the parcel's tax liabil-
    47  ity is determined.  The assessor or other local  official  or  officials
    48  having  custody  and  control  of  the data file used to generate school
    49  district tax rolls and tax bills shall be  authorized  and  directed  to
    50  change  such file as necessary to enable the school district authorities
    51  to discharge the duties imposed upon them by this subdivision.
    52    § 8. Subsection (eee) of section 606 of  the  tax  law,  as  added  by
    53  section  6  of  part  A of chapter 60 of the laws of 2016, is amended to
    54  read as follows:
    55    (eee) School tax relief (STAR) credit. (1) Definitions.  For  purposes
    56  of this subsection:

        A. 10741                            6
 
     1    (A) "Qualified taxpayer" means a resident individual of the state, who
     2  maintained  his or her primary residence in this state on December thir-
     3  ty-first of the taxable year, and who was an owner of that  property  on
     4  that  date,  [who  cannot  receive  the  STAR exemption on that property
     5  either because (i) he or she is precluded from filing an application for
     6  the  STAR exemption on that property pursuant to paragraph (a) of subdi-
     7  vision sixteen of section four hundred twenty-five of the real  property
     8  tax  law, or because (ii) he or she has irrevocably renounced his or her
     9  claim to such exemption in conjunction with all other owners pursuant to
    10  paragraph (b) of such subdivision, and who is  required  or  chooses  to
    11  file  a  return  under  this article.] provided however:  (i) A taxpayer
    12  whose primary residence received a STAR  exemption  for  the  associated
    13  fiscal  year  [that  commenced  after the acquisition of such residence]
    14  shall not be considered  a  qualified  taxpayer  for  purposes  of  this
    15  subsection.
    16    (ii) An individual may be considered a qualified taxpayer with respect
    17  to no more than one primary residence during any given taxable year.
    18    (iii) If a resident individual was an owner of the property during the
    19  taxable  year but did not own it on December thirty-first of the taxable
    20  year, he or she shall be considered a qualified taxpayer if the property
    21  was his or her primary residence during the taxable year and he  or  she
    22  paid  qualifying  taxes  on  that  property while he or she was still an
    23  owner of that property.
    24    (iv) If a resident  individual  has  acquired  ownership  of  property
    25  during  a taxable year, such resident individual shall not be considered
    26  a qualified taxpayer for that taxable year to the extent that an advance
    27  payment of the credit for that taxable year has been issued to the prior
    28  owner with respect to the same property, unless such resident individual
    29  can demonstrate that he or she paid qualifying taxes  on  such  property
    30  during the taxable year, and that the prior owner did not.
    31    (B)  "Affiliated  income"  shall  mean  for purposes of the basic STAR
    32  credit, the combined income of all of  the  owners  of  the  parcel  who
    33  resided  primarily  thereon  as  of December thirty-first of the taxable
    34  year, and of any owners' spouses residing primarily thereon as  of  such
    35  date,  and for purposes of the enhanced STAR credit, the combined income
    36  of all of the owners of the parcel as of December  thirty-first  of  the
    37  taxable  year,  and of any owners' spouses residing primarily thereon as
    38  of such date; provided that for  both  purposes  the  income  to  be  so
    39  combined  shall  be  the "adjusted gross income" for the taxable year as
    40  reported for federal income tax purposes, or that would be  reported  as
    41  adjusted gross income if a federal income tax return were required to be
    42  filed,  reduced  by  distributions,  to  the  extent included in federal
    43  adjusted gross income, received from an  individual  retirement  account
    44  and  an  individual  retirement annuity.   Provided further, that if the
    45  qualified taxpayer was an owner of the property during the taxable  year
    46  but  did  not  own it on December thirty-first of the taxable year, then
    47  the determination as to whether the income of an  individual  should  be
    48  included in "affiliated income" shall be based upon the ownership and/or
    49  residency  status  of  that  individual as of the first day of the month
    50  during which the qualified taxpayer ceased to be an owner of the proper-
    51  ty, rather than as of December thirty-first of the taxable year.
    52    (C) "Associated fiscal year" means the  school  district  fiscal  year
    53  that  began  on July first of the taxable year or, in the case of a city
    54  school district that is subject to article fifty-two  of  the  education
    55  law, the city fiscal year that began on July first of the taxable year.
    56    (D) "Owner" means:

        A. 10741                            7
 
     1    (i)  a  person who owns a parcel in fee simple absolute or as a tenant
     2  in common, a joint tenant or a tenant by the entirety,
     3    (ii) an owner of a present interest in a parcel under a life estate,
     4    (iii) a vendee in possession under an installment contract of sale,
     5    (iv) a beneficial owner under a trust,
     6    (v)  a  tenant-stockholder  of a cooperative apartment corporation who
     7  resides in a portion of real property owned by such  cooperative  apart-
     8  ment  corporation,  to  the  extent  represented  by his or her share or
     9  shares of stock in such  corporation  as  determined  by  its  or  their
    10  proportional  relationship  to the total outstanding stock of the corpo-
    11  ration, including that owned by the corporation,
    12    (vi) a resident of a farm dwelling that is owned either  by  a  corpo-
    13  ration  of  which  the resident is a shareholder, a partnership of which
    14  the resident is a partner, or by a limited liability  company  of  which
    15  the resident is an owner, or
    16    (vii)  a  resident  of a dwelling, other than a farm dwelling, that is
    17  owned by a limited partnership of  which  the  resident  is  a  partner,
    18  provided  that  the limited partnership that holds title to the property
    19  does not engage in any commercial activity, that the limited partnership
    20  was lawfully created to hold title solely for estate planning and  asset
    21  protection  purposes,  and  that  the  partner or partners who primarily
    22  reside thereon personally pay all of the real property taxes  and  other
    23  costs associated with the property's ownership.
    24    (E)  "Qualifying  taxes"  means  the  school  district taxes that were
    25  levied upon the taxpayer's primary residence for the  associated  fiscal
    26  year  that  were  actually paid by the taxpayer during the taxable year;
    27  or, in the case of a city school district that  is  subject  to  article
    28  fifty-two  of  the  education law, the combined city and school district
    29  taxes that were levied upon the taxpayer's  primary  residence  for  the
    30  associated  fiscal  year  that were actually paid by the taxpayer during
    31  the taxable year. In no  case  shall  the  term  "qualifying  taxes"  be
    32  construed to include penalties or interest.
    33    (F)  "STAR  exemption"  means  the  school tax relief (STAR) exemption
    34  authorized by section four hundred twenty-five of the real property  tax
    35  law.
    36    (G)  "STAR tax savings" means the tax savings attributable to the STAR
    37  exemption within a portion of a school district, as  determined  by  the
    38  commissioner  pursuant  to  subdivision  two of section thirteen hundred
    39  six-a of the real property tax law.
    40    (2) Allowance of credit. A qualified taxpayer shall be allowed a cred-
    41  it as provided in paragraph three or four of this subsection,  whichever
    42  is  applicable, against the taxes imposed by this article reduced by the
    43  credits permitted by this article, provided that  the  requirements  set
    44  forth  in the applicable subsection are satisfied. If the credit exceeds
    45  the tax as so reduced for such year under this article, the excess shall
    46  be treated as an overpayment, to be credited or refunded, without inter-
    47  est. If a qualified taxpayer is not required to file a  return  pursuant
    48  to  section  six hundred fifty-one of this article, a qualified taxpayer
    49  may nevertheless receive the full amount of the credit to be credited or
    50  repaid as an overpayment, without interest.
    51    (3) Determination of basic STAR credit.  (A)  Beginning  with  taxable
    52  years after two thousand fifteen, a basic STAR credit shall be available
    53  to  a  qualified  taxpayer  if  the affiliated income of the parcel that
    54  serves as the taxpayer's primary residence is less than or equal to five
    55  hundred thousand dollars.

        A. 10741                            8
 
     1    (B) Subject to the provisions of subparagraph (C) of  this  paragraph,
     2  such basic STAR credit shall be the lesser of:
     3    (i)  the  basic  STAR  tax  savings [applicable to the] for the school
     4  district portion in which the taxpayer's primary residence  is  located,
     5  or
     6    (ii) the taxpayer's qualifying taxes.
     7    (C)  If  the  qualifying taxes paid by the taxpayer constituted only a
     8  portion of the total school district taxes that  were  levied  upon  the
     9  taxpayer's  primary  residence for the associated fiscal year or, in the
    10  case of a city school district that is subject to article  fifty-two  of
    11  the  education law, if the qualifying taxes paid by the taxpayer consti-
    12  tuted only a portion of the total  combined  city  and  school  district
    13  taxes  that  were  levied  upon the taxpayer's primary residence for the
    14  associated fiscal year, the credit allowable to such taxpayer  shall  be
    15  equal  to  the  amount  determined  pursuant to subparagraph (B) of this
    16  paragraph multiplied by the percentage that such portion represents.
    17    (4) Determination of enhanced STAR credit. (A) Beginning with  taxable
    18  years  after  two  thousand  fifteen,  an  enhanced STAR credit shall be
    19  available to a qualified taxpayer where both of the following conditions
    20  are satisfied:
    21    (i) All of the owners of the parcel  that  serves  as  the  taxpayer's
    22  primary  residence  are  at least sixty-five years of age as of December
    23  thirty-first of the taxable year or, in the case of property owned by  a
    24  married  couple  or  by siblings, at least one of the owners is at least
    25  sixty-five years of age as of that date. The terms  "siblings"  as  used
    26  herein  shall have the same meaning as set forth in section four hundred
    27  sixty-seven of the real property tax law. In the case of property  owned
    28  by a married couple, one of whom is sixty-five years of age or over, the
    29  credit,  once  allowed,  shall not be disallowed because of the death of
    30  the older spouse so long as the surviving spouse is at  least  sixty-two
    31  years of age as of December thirty-first of the taxable year.
    32    (ii) The affiliated income of the parcel that serves as the taxpayer's
    33  primary  residence  is less than or equal to the income standard for the
    34  taxable year established  by  the  commissioner  for  the  corresponding
    35  "income  tax  year"  pursuant to clause (C) of subparagraph (i) of para-
    36  graph (b) of subdivision four of section four hundred twenty-five of the
    37  real property tax law for purposes of the enhanced STAR exemption.
    38    (B) Subject to the provisions of subparagraph (C) of  this  paragraph,
    39  such credit shall be the lesser of:
    40    (i)  the  enhanced STAR tax savings for the school district portion in
    41  which the taxpayer's primary residence is located, or
    42    (ii) the taxpayer's qualifying taxes.
    43    (C) If the qualifying taxes paid by the taxpayer  constituted  only  a
    44  portion  of  the  total  school district taxes that were levied upon the
    45  taxpayer's primary residence for the associated fiscal year or,  in  the
    46  case  of  a city school district that is subject to article fifty-two of
    47  the education law, if the qualifying taxes paid by the taxpayer  consti-
    48  tuted  only  a  portion  of  the total combined city and school district
    49  taxes that were levied upon the taxpayer's  primary  residence  for  the
    50  associated  fiscal  year, the credit allowable to such taxpayer shall be
    51  equal to the amount determined pursuant  to  subparagraph  (B)  of  this
    52  paragraph multiplied by the percentage that such portion represents.
    53    (5)  Disqualification.  A  taxpayer  shall  not qualify for the credit
    54  authorized by this subsection if the parcel that serves as  the  taxpay-
    55  er's  primary  residence  received  the STAR exemption on the assessment
    56  roll upon which school district taxes for  the  associated  fiscal  year

        A. 10741                            9
 
     1  where  levied.  Provided,  however,  that  the  taxpayer may remove this
     2  disqualification by renouncing the exemption  and  making  any  required
     3  payments  by  December  thirty-first of the taxable year, as provided by
     4  subdivision  sixteen  of  section  four  hundred twenty-five of the real
     5  property tax law.
     6    (6) Special cases. (A) In the case of property consisting of a cooper-
     7  ative apartment corporation that is described by paragraph (k) of subdi-
     8  vision two of section four hundred twenty-five of the real property  tax
     9  law,  the  amount  of the credit allowable with respect to a cooperative
    10  apartment shall be equal to  [sixty  percent  of]  the  basic  STAR  tax
    11  savings  for  the  school  district  portion,  or [sixty percent of] the
    12  enhanced STAR tax savings for the school district portion, whichever  is
    13  applicable.  Provided, however, that in the case of a cooperative apart-
    14  ment corporation that is described by subparagraph (iv) of paragraph (k)
    15  of subdivision two of section four hundred twenty-five of the real prop-
    16  erty tax law, the credit allowable with respect to a cooperative  apart-
    17  ment shall be equal to [twenty percent] one-third of such amount.
    18    (B)  In  the  case  of  property  consisting  of a mobile home that is
    19  described in paragraph (1) of subdivision two of  section  four  hundred
    20  twenty-five  of  the  real  property  tax  law, the amount of the credit
    21  allowable with respect to such mobile home shall be  equal  to  [twenty-
    22  five  percent  of]  the  basic  STAR tax savings for the school district
    23  portion, or [twenty-five percent of] the enhanced STAR tax  savings  for
    24  the  school  district  portion,  whichever  is applicable, that would be
    25  applied to a separately assessed parcel in the school  district  portion
    26  with  a  taxable  assessed value equal to twenty thousand dollars multi-
    27  plied by the latest state equalization rate or special equalization rate
    28  for the assessing unit in which the mobile home  is  located.  Provided,
    29  however,  that  if  the  commissioner  is  in possession of information,
    30  including but not limited to assessment records,  that  demonstrates  to
    31  the commissioner's satisfaction that the taxpayer's mobile home is worth
    32  more  than  twenty  thousand  dollars,  or  if the taxpayer provides the
    33  commissioner with such  information,  the  taxpayer's  credit  shall  be
    34  increased  accordingly, but in no case shall the credit exceed the basic
    35  STAR tax savings or enhanced STAR tax savings, whichever is  applicable,
    36  for the school district portion.
    37    (C)  In the case of a primary residence that is located in two or more
    38  school districts, the applicable basic or enhanced STAR tax savings  for
    39  the school district portion shall be determined as follows:
    40    (i)  determine  the  sum  of the total school district taxes that were
    41  levied upon the taxpayer's primary residence for the  associated  fiscal
    42  year by each of the school districts in which the residence is located;
    43    (ii)  for  each such school district, divide the total school district
    44  taxes that were levied upon the taxpayer's  primary  residence  by  that
    45  school  district for the associated fiscal year by the sum determined in
    46  clause (i) of this subparagraph. Express the result as a percentage with
    47  two decimal places;
    48    (iii) for each such school district, multiply  the  percentage  deter-
    49  mined  in clause (ii) of this subparagraph by the basic or enhanced STAR
    50  tax savings for the school district portion,  whichever  is  applicable;
    51  and
    52    (iv) add the products determined in clause (iii) of this subparagraph.
    53    (7) Disclosure of incomes. Where the commissioner has denied a taxpay-
    54  er's  claim  for the credit authorized by this subsection in whole or in
    55  part on the grounds that the affiliated income of the parcel in question
    56  exceeds the applicable limit, the commissioner shall have the  authority

        A. 10741                           10
 
     1  to  reveal to that taxpayer the names and incomes of the other taxpayers
     2  whose incomes were  included  in  the  computation  of  such  affiliated
     3  income.
     4    (8)  Proof of claim. The commissioner may require a qualified taxpayer
     5  to furnish the following information in support of his or her claim  for
     6  credit  under  this  subsection:  affiliated  income,  the  total school
     7  district taxes levied on the property for the associated fiscal year or,
     8  in the case of a city school district that is subject to article  fifty-
     9  two  of  the  education law, the total combined city and school district
    10  taxes levied on the property for the associated fiscal year, the  quali-
    11  fying  taxes paid by the taxpayer, the names and taxpayer identification
    12  numbers of all owners of the property and spouses who  primarily  reside
    13  on the property, the parcel identification number and all other informa-
    14  tion that may be required by the commissioner to determine the credit.
    15    (9) Returns. [If a qualified taxpayer is not required to file a return
    16  pursuant to section six hundred fifty-one of this article, a claim for a
    17  credit may be taken on a return filed with the commissioner within three
    18  years  from  the time it would have been required that a return be filed
    19  pursuant to such section had the qualified taxpayer had a  taxable  year
    20  ending  on  December thirty-first. Returns under this paragraph shall be
    21  in such form as shall be prescribed by the commissioner, who shall  make
    22  available  such  forms and instructions for filing such returns] Whether
    23  or not the taxpayer is required to file a return pursuant to section six
    24  hundred fifty-one of this article, the process  for  requesting  advance
    25  payment  of  such  credit  shall be as provided by paragraph ten of this
    26  subsection.
    27    (10) Advance payments. (A) The commissioner shall  establish  a  mech-
    28  anism  by  which  a  qualified  taxpayer [who has acquired a new primary
    29  residence between January first and July  first  of  the  taxable  year,
    30  inclusive,] may apply for an advance payment of the credit authorized by
    31  this section, provided that:
    32    (i)  [Any]  If  the  taxpayer acquired a new primary residence between
    33  January first and July first of the taxable year,  inclusive,  any  such
    34  application  must  be  submitted to the commissioner by the first day of
    35  July of the taxable year, or such later date as may be prescribed by the
    36  commissioner in order for the taxpayer's payment to be  subject  to  the
    37  processing schedule provided by subparagraph (B) of this paragraph, and
    38    (ii) A qualified taxpayer who fails to apply for an advance payment of
    39  such  credit  [in  a timely manner] by such date may [request] apply for
    40  and receive such credit  in  the  manner  [otherwise  provided  by  this
    41  section]  prescribed by the commissioner, provided that such application
    42  shall be made within three years from the time that  a  return  for  the
    43  taxable  year would have had to be filed pursuant to section six hundred
    44  fifty-one of this article. If approved, such payment shall be issued  as
    45  soon as is practicable after the submission of the application but shall
    46  not be subject to the processing schedule prescribed by subparagraph (B)
    47  of this paragraph, and
    48    (iii)  A  qualified taxpayer who has applied for an advance payment of
    49  such credit in a taxable year  may  continue  to  receive  such  advance
    50  payments in future taxable years without reapplying as long as he or she
    51  remains eligible therefor.
    52    (B)  On  or before September fifteenth of each year, or as soon there-
    53  after as practicable, the commissioner shall determine  the  eligibility
    54  of  taxpayers for this credit utilizing the information available to him
    55  or her as obtained from the applications submitted  on  or  before  July
    56  first  of  that  year, or such later date as may have been prescribed by

        A. 10741                           11
 
     1  the commissioner for that purpose, and from such other  sources  as  the
     2  commissioner  deems  reliable and appropriate.  For those taxpayers whom
     3  the commissioner has determined eligible for this  credit,  the  commis-
     4  sioner  shall  advance  a  payment  in the amount specified in paragraph
     5  three, four or six of this subsection,  whichever  is  applicable.  Such
     6  payment shall be issued by September thirtieth of the year the credit is
     7  allowed,  or  as  soon  thereafter  as is practicable. Nothing contained
     8  herein shall  be  deemed  to  preclude  the  commissioner  from  issuing
     9  payments after September thirtieth to qualified taxpayers whose applica-
    10  tions were made after July first of that year, or such later date as may
    11  have been prescribed by the commissioner for such purpose.
    12    (C) A taxpayer who has failed to receive an advance payment that he or
    13  she  believes  was  due  to  him  or her, or who has received an advance
    14  payment that he or she believes is less than the amount that was due  to
    15  him  or  her,  may request payment of the claimed deficiency in a manner
    16  prescribed by the commissioner.
    17    [(C)] (D) An advance payment  of  credit  provided  pursuant  to  this
    18  subsection that exceeds the taxpayer's qualifying taxes for that taxable
    19  year  shall be added back as tax on the income tax return for that taxa-
    20  ble year.
    21    [(D)] (E) If the commissioner  determines  after  issuing  an  advance
    22  payment that it was issued in an excessive amount or to an ineligible or
    23  incorrect  party,  the commissioner shall be empowered to utilize any of
    24  the procedures for collection, levy and lien of personal income tax  set
    25  forth  in  this article, any other relevant procedures referenced within
    26  the provisions of this article, and any other law as may be  applicable,
    27  to recoup the improperly issued amount.
    28    (11)  Administration.  The  provisions  of this article, including the
    29  provisions of sections six hundred fifty-three, six hundred fifty-eight,
    30  and six hundred fifty-nine of this article and the  provisions  of  part
    31  six  of this article relating to procedure and administration, including
    32  the judicial review of the decisions of the commissioner, except so much
    33  of section six hundred eighty-seven of this article that permits a claim
    34  for credit or refund to be filed after the period provided for in  para-
    35  graph nine of this subsection and except sections six hundred fifty-sev-
    36  en, six hundred eighty-eight and six hundred ninety-six of this article,
    37  shall  apply to the provisions of this subsection in the same manner and
    38  with the same force and effect as if the language  of  those  provisions
    39  had  been  incorporated  in  full into this subsection and had expressly
    40  referred to the credit allowed or returns filed under  this  subsection,
    41  except to the extent that any such provision is either inconsistent with
    42  a provision of this subsection or is not relevant to this subsection. As
    43  used in such sections and such part, the term "taxpayer" shall include a
    44  qualified  taxpayer  under  this  subsection  and,  notwithstanding  the
    45  provisions of subsection (e) of section six hundred ninety-seven of this
    46  article, where a qualified taxpayer has protested the denial of a  claim
    47  for  credit  under  this  subsection and the time to file a petition for
    48  redetermination of a deficiency or for refund has not expired, he or she
    49  shall, subject to such conditions as may be  set  by  the  commissioner,
    50  receive such information (A) that is contained in any return filed under
    51  this  article  by  a member of his or her household for the taxable year
    52  for which the credit is claimed, and (B) that the commissioner finds  is
    53  relevant  and  material  to the issue of whether such claim was properly
    54  denied.
    55    (12) [In the case of a  taxpayer  who  has  itemized  deductions  from
    56  federal  adjusted  gross  income,  and whose federal itemized deductions

        A. 10741                           12

     1  include an amount for real estate taxes  paid,  the  New  York  itemized
     2  deduction  otherwise allowable under section six hundred fifteen of this
     3  chapter shall be reduced by the amount of the credit claimed under  this
     4  subsection.] When the calculation of any other personal income tax cred-
     5  it is based in whole or in part upon the real property taxes paid by the
     6  taxpayer,  the amount of real property taxes so paid shall be reduced by
     7  the credit authorized by this subsection, if applicable, in  the  course
     8  of  performing  such  calculation.  When  the  calculation  of any other
     9  personal income tax credit is based in whole or in part upon an individ-
    10  ual's state tax liability, the  credit  authorized  by  this  subsection
    11  shall  not  be  taken  into account in the calculation of such state tax
    12  liability. When the calculation of a city  tax  surcharge  is  based  in
    13  whole  or  in  part  upon the net state tax of an individual, the credit
    14  authorized by this subsection shall not be taken  into  account  in  the
    15  calculation of such net state tax.
    16    §  9.  This act shall take effect immediately; provided, however, that
    17  sections one and two of this act shall be deemed to have  been  in  full
    18  force  and effect on the same date and in the same manner as parts E and
    19  F of chapter 60  of  the  laws  of  2016,  respectively;  and  provided,
    20  further,  that  sections five, six, seven and eight of this act shall be
    21  deemed to have been in full force and effect on the same date and in the
    22  same manner as part A of chapter 60 of the laws of 2016, took effect.
 
    23                                   PART B
 
    24    Section 1. Paragraph 2 of subsection (g) of section 42 of the tax law,
    25  as added by section 1 of part RR of chapter 60 of the laws of  2016,  is
    26  amended to read as follows:
    27    (2) Article 22: Section 606, subsection [(eee)] (fff).
    28    § 2. Clause (xli) of subparagraph (B) of paragraph 1 of subsection (i)
    29  of section 606 of the tax law, as added by section 3 of part RR of chap-
    30  ter 60 of the laws of 2016, is amended to read as follows:
    31  (xli) Farm workforce retention       Amount of credit under
    32  credit under subsection [(eee)]      subdivision fifty-one of
    33  (fff)                                section two hundred ten-B
    34    §  3.  Subsection  (eee)  of  section  606 of the tax law, as added by
    35  section 4 of part RR of chapter 60 of the laws of  2016,  is  relettered
    36  subsection (fff).
    37    §  4. This act shall take effect immediately and shall be deemed to be
    38  in effect on the same date and with the same effect as part RR of  chap-
    39  ter 60 of the laws of 2016, took effect.
 
    40                                   PART C
 
    41    Section  1. Paragraph d of subdivision 1 of section 207 of the racing,
    42  pari-mutuel wagering and breeding law, as amended by section 1  of  part
    43  PP of chapter 59 of the laws of 2015, is amended to read as follows:
    44    d.  The  board,  which  shall  become  effective upon appointment of a
    45  majority of public members, shall terminate [four] five years  from  its
    46  date  of  creation.  [The  board shall propose, no less than one hundred
    47  eighty days prior to its termination, recommendations  to  the  governor
    48  and the state legislature representing a statutory plan for the prospec-
    49  tive  not-for-profit  governing structure of The New York Racing Associ-
    50  ation, Inc.]
    51    § 2. This act shall take effect immediately.

        A. 10741                           13
 
     1                                   PART D
 
     2    Section  1.  Section  1 of chapter 53 of the laws of 2016 enacting the
     3  Aid to Localities Budget, is amended by repealing the items  hereinbelow
     4  set  forth  in  brackets  and  by adding to such section the other items
     5  underscored in this section.
     6                            EDUCATION DEPARTMENT
     7                AID TO LOCALITIES - REAPPROPRIATIONS 2016-17
 
     8  OFFICE OF PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION PROGRAM
 
     9    General Fund
    10    Local Assistance Account - 10000
 
    11    For nonpublic school aid payable in the 2014-15 state fiscal year.
    12    Notwithstanding any provision  of  law,  rule  or  regulation  to  the
    13      contrary,  the  amount  appropriated  herein  represents the maximum
    14      amount payable during the 2014-15 state fiscal year ................
    15      97,589,000 ............................................ (re. $7,000)
    16    For aid payable for the 2012-13 school year for  additional  nonpublic
    17      school aid. Notwithstanding any inconsistent provision of law, funds
    18      appropriated herein shall be available for payment of aid heretofore
    19      accrued and hereafter to accrue ... 45,204,000 .... (re. $3,672,000)
    20    For  academic intervention for nonpublic schools based on a plan to be
    21      developed by the commissioner  of  education  and  approved  by  the
    22      director of the budget ... 922,000 .................. (re. $922,000)
    23    For  services  and  expenses of Safety Equipment for Nonpublic Schools
    24      ... 4,500,000 ..................................... (re. $4,500,000)
    25    § 2. This act shall take effect immediately and  shall  be  deemed  to
    26  have been in full force and effect on and after April 1, 2016.
 
    27                                   PART E
 
    28    Section  1.  Subparagraph  (iv)  of  paragraph (a) of subdivision 3 of
    29  section 3614-c of the public health law, as amended by chapter 56 of the
    30  laws of 2016, is amended to read as follows:
    31    (iv) for all periods on or after April first,  two  thousand  sixteen,
    32  the  cash  portion  of  the minimum rate of home care aide total compen-
    33  sation shall be ten dollars or the minimum wage as laid out in paragraph
    34  [(c)] (a) of subdivision one of section six  hundred  fifty-two  of  the
    35  labor  law, whichever is higher. The benefit portion of the minimum rate
    36  of home care aide total compensation shall  be  four  dollars  and  nine
    37  cents.
    38    §  2.  Subparagraph  (iv) of paragraph (b) of subdivision 3 of section
    39  3614-c of the public health law, as amended by chapter 56 of the laws of
    40  2016, is amended to read as follows:
    41    (iv) for all periods on or after March first,  two  thousand  sixteen,
    42  the  cash  portion  of  the minimum rate of home care aide total compen-
    43  sation shall be ten dollars or the minimum wage as laid out in paragraph
    44  [(c)] (b) of subdivision one of section six  hundred  fifty-two  of  the
    45  labor  law, whichever is higher. The benefit portion of the minimum rate
    46  of home care aide total compensation shall be three dollars and  twenty-
    47  two cents.
    48    §  3.  This  act  shall take effect immediately and shall be deemed to
    49  have been in full force and effect on the same date and same  manner  as
    50  chapter 56 of the laws of 2016 took effect.

        A. 10741                           14
 
     1                                   PART F
 
     2    Section 1. Section 11 of chapter 710 of the laws of 1988, amending the
     3  social services law and the education law relating to medical assistance
     4  eligibility  of  certain  persons and providing for managed medical care
     5  demonstration programs, as amended by section 25 of part D of chapter 59
     6  of the laws of 2011, is amended to read as follows:
     7    § 11.  This  act  shall  take  effect  immediately;  except  that  the
     8  provisions  of sections one, two, three, four, eight and ten of this act
     9  shall take effect on the ninetieth day after it shall have become a law;
    10  and except that the provisions of sections five, six and seven  of  this
    11  act  shall  take effect January 1, 1989; and except that effective imme-
    12  diately, the addition, amendment and/or repeal of any rule or regulation
    13  necessary for the implementation of this act on its effective  date  are
    14  authorized  and  directed  to  be  made  and completed on or before such
    15  effective date; provided, however, that the provisions of section  364-j
    16  of  the  social  services law, as added by section one of this act shall
    17  expire and be deemed repealed on and after March 31,  [2016]  2019,  the
    18  provisions  of  section  364-k  of  the social services law, as added by
    19  section two of this act, except subdivision 10 of  such  section,  shall
    20  expire  and  be  deemed  repealed  on and after January 1, 1994, and the
    21  provisions of subdivision 10 of section 364-k  of  the  social  services
    22  law,  as  added  by  section two of this act, shall expire and be deemed
    23  repealed on January 1, 1995.
    24    § 2. Notwithstanding the  provisions  of  article  5  of  the  general
    25  construction law, the provisions of section 364-j of the social services
    26  law  are  hereby  revived and shall continue in full force and effect as
    27  they existed on March 30, 2016.
    28    § 3.  This act shall take effect immediately and shall  be  deemed  to
    29  have been in full force and effect on and after March 30, 2016.

    30                                   PART G
 
    31    Section  1.  1. For the purposes of this act, "responsible entity" and
    32  "project" shall mean the New York  Convention  Center  Operating  Corpo-
    33  ration  with  respect to the Jacob K.  Javits Convention Center project.
    34  "Authorized entity" shall mean the New York Convention  Center  Develop-
    35  ment Corporation with respect to the Jacob K. Javits Convention Center.
    36    2. In connection with the design, erection, construction, enlargement,
    37  alteration,  improvement,  relocation,  removal,  or  demolition  of any
    38  building or structure constituting all or any part  of  a  project,  the
    39  authorized  entity  may  request that, for purposes of such project, the
    40  dormitory authority act as the construction-permitting  agency  pursuant
    41  to article 18 of the executive law and the regulations promulgated ther-
    42  eunder,  as now existing or hereafter amended. Notwithstanding any other
    43  provision of any other state or local law, rule  or  regulation  to  the
    44  contrary:
    45    (a)  when  the dormitory authority acts as the construction-permitting
    46  agency for a project or any portion  thereof,  at  the  request  of  the
    47  authorized entity, the dormitory authority may elect, if deemed feasible
    48  and  appropriate,  to  subject  all  or any part of such project and all
    49  buildings and structures constituting all or any part of the project  to
    50  the  requirements  of  the  New  York  City  Construction Codes of 2014,
    51  including but not limited to the Building,  Mechanical,  Plumbing,  Fuel
    52  Gas,  and  Energy Conservation Codes; the New York City Construction and
    53  Maintenance Code of 1968; the New York City Fire Code of 2014;  the  New

        A. 10741                           15

     1  York  City  Electrical  Code;  the  New  York City Energy Code; Titles 1
     2  (Department of Buildings), 2 (Board of  Standards  and  Appeals)  and  3
     3  (Fire  Department)  (collectively,  the  "New  York City Codes"), as now
     4  existing  or  hereafter  amended, instead of the requirements of the New
     5  York state uniform fire prevention and building code (the Uniform  Code)
     6  and  the  New  York state energy conservation construction code (the NYS
     7  Energy Code), as now existing or hereafter amended,  for  such  project;
     8  and
     9    (b) in the event the dormitory authority makes the election authorized
    10  pursuant  to  this subdivision to apply New York City Codes with respect
    11  to all or any portion of a particular project, then notwithstanding  the
    12  fact that such project and all buildings and structures constituting all
    13  or  any part of such project shall be subject to the requirements of the
    14  New York City Codes instead of the requirements of the Uniform Code  and
    15  NYS Energy Code:
    16    (i) the dormitory authority shall be authorized to:
    17    (A)  render  such  services for all or any portion of any such project
    18  without approval of any  other  state  department,  agency,  officer  or
    19  office  but  only  as  directly related to the authority granted by this
    20  act; and
    21    (B) take all reasonably required actions to execute its duties as  the
    22  construction-permitting  agency,  including  without  limitation,  those
    23  required to review, permit and inspect the project and enforce  the  New
    24  York City Codes; and
    25    (C)  issue a code compliance certificate, certificate of occupancy, or
    26  a temporary approval for occupancy allowing use  and  occupancy  of  the
    27  project or parts thereof after determining such project or parts thereof
    28  complies with the requirements of the New York City Codes; and
    29    (D)  employ  such  experts  and  consultants  as  shall  reasonably be
    30  required to fulfill its responsibilities as the  construction-permitting
    31  agency; and
    32    (ii)  the  dormitory  authority shall continue to act as the construc-
    33  tion-permitting agency for such project and for all buildings and struc-
    34  tures constituting all or any part of such project, and shall  determine
    35  that  the  design of any such building and structure (or, if applicable,
    36  the design of any phase or portion of any such  building  or  structure)
    37  complies with the requirements of the New York City Codes before issuing
    38  a  construction  permit  for  such  building  or  structure (or phase or
    39  portion thereof) and shall determine that  such  building  or  structure
    40  (or,  if  applicable,  any  phase  or portion thereof) complies with the
    41  requirements of the New York City Codes before issuing a code compliance
    42  certificate or temporary approval for occupancy  for  such  building  or
    43  structure (or phase or portion thereof); and
    44    (iii)  upon  written  request  of  the  authorized entity or any other
    45  interested party for a variance or  modification  of  any  provision  or
    46  requirement  of  any one or more of the New York City Codes, the depart-
    47  ment of state shall be authorized to consider the evidence  offered  and
    48  such  other  reports,  studies  and  other information the department of
    49  state may deem appropriate, arrange for the review  of  the  request  by
    50  other  state  agencies  or internal or external experts and consultants,
    51  make findings of fact and conclusions of law, and render a  decision  in
    52  writing  on  such request, granting or denying, in whole or in part, the
    53  requested variance or modification, provided, however, that:
    54    (A) no such variance or  modification  shall  be  granted  unless  the
    55  applicant  establishes  to  the  satisfaction of the department of state

        A. 10741                           16
 
     1  that granting such variance or modification shall not materially  affect
     2  adversely provisions for health, safety and security; and
     3    (B)  any  decision to grant a variance or modification, in whole or in
     4  part, shall also be noted on the  applicable  plans  and  specifications
     5  signed and sealed by a professional engineer or architect; and
     6    (iv) such project and all buildings and structures constituting all or
     7  any  part of such project shall continue to be subject to the provisions
     8  of part 1204 of title 19 of the New York Codes, Rules  and  Regulations,
     9  as  now  existing  and  as hereafter amended (hereinafter referred to as
    10  "Part 1204"); provided, however, that for the purposes of applying  part
    11  1204, all references in part 1204 to the Uniform Code shall be deemed to
    12  be references to the New York City Codes; and
    13    (v)  no  municipal  corporation  or subdivision thereof shall have the
    14  power to modify or change the plans or specifications for such  project,
    15  or  the  construction,  plumbing,  heating, lighting or other mechanical
    16  branch work necessary to complete the work in question, nor  to  require
    17  that  any  person,  firm  or corporation employed on any such work shall
    18  perform any such work in any other different manner than  that  required
    19  by  such  plans  and specifications, nor to conduct construction-related
    20  inspections, including but not limited to  fire  safety  inspections  or
    21  other  inspections  of  such  project  or  of  any building or structure
    22  constituting all or any part of such project, nor to  issue  notices  of
    23  violation,  orders  to  remedy,  summonses, or other enforcement-related
    24  instruments of any kind relating to any alleged  violation  of  the  New
    25  York  City Codes by such project or any building or structure constitut-
    26  ing all or any part of such project, and  no  condition  or  requirement
    27  whatever may be imposed by any such municipal corporation or subdivision
    28  thereof  in  relation  to  work being done on such project, as such work
    29  shall be under the sole control of the authorized entity  in  accordance
    30  with  the  plans,  specification  and  contracts  in  relation  thereto,
    31  provided that emergency personnel shall have access to the project  site
    32  for  purposes  of  emergency operations, coordination, and preparedness;
    33  and
    34    (c) the authorized entity shall be responsible  for  reimbursement  to
    35  the  dormitory authority for the costs incurred as the construction-per-
    36  mitting agency for a project and  reimbursement  to  the  department  of
    37  state  for  costs  incurred  in  considering a request for a variance or
    38  modification as contemplated by subparagraph (iii) of paragraph  (b)  of
    39  this  subdivision  for  a project, and such costs shall be a cost of the
    40  project.
    41    3. Nothing in this act shall prohibit the  responsible  entity  for  a
    42  project  from  negotiating  an  agreement  with the applicable municipal
    43  corporation whereby, upon  completion  of  the  project,  the  municipal
    44  corporation  or  subdivision thereof assumes administration and enforce-
    45  ment of any applicable codes with respect to a project.
    46    4. Nothing in this section shall prohibit  the  authorized  entity  or
    47  responsible  entity, as the case may be, from utilizing the Uniform Code
    48  and the NYS Energy Code, as now existing or hereafter  amended  for  any
    49  additional work that requires a construction permit.
    50    § 2. This act shall take effect immediately.
 
    51                                   PART H
 
    52    Intentionally omitted.
 
    53                                   PART I

        A. 10741                           17
 
     1    Section  1.  Section 1678-a of the public authorities law, as added by
     2  section 1 of part RR of chapter 54 of the laws of 2016,  is  amended  to
     3  read as follows:
     4    §  1678-a.  New York state design and construction corporation act. 1.
     5  Purposes of  act.  The  purposes  of  the  New  York  state  design  and
     6  construction  corporation act are to establish the New York state design
     7  and construction corporation to provide (a) additional  project  manage-
     8  ment  expertise,  monitoring  and  oversight  on individual public works
     9  projects each having a total or aggregate construction value  in  excess
    10  of fifty million dollars undertaken by state agencies, state departments
    11  subject to the provisions of this section, and state authorities includ-
    12  ing  one  created by chapter one hundred fifty-four of the laws of nine-
    13  teen hundred twenty-one and one created by chapter eight  hundred  twen-
    14  ty-four  of  the  laws  of  nineteen  hundred  thirty-three herein after
    15  referred to as "state entity"; and (b) a means to implement  and  recom-
    16  mend  improvements and other project changes on such proposed individual
    17  public works projects in excess of fifty million  dollars  in  total  or
    18  aggregate  value, in a more timely fashion, to ensure that such projects
    19  can be accomplished, to the extent practicable, on time,  within  budget
    20  and at an acceptable overall quality and cost to the state of New York.
    21    2.  New  York  state design and construction corporation. (a) There is
    22  hereby established the New York state  design  and  construction  corpo-
    23  ration as a subsidiary corporation of the dormitory authority.
    24    (b)  The  dormitory  authority may provide or lease to such subsidiary
    25  corporation any real, personal or mixed property as shall be required in
    26  order to carry out the purposes of this act.  The authority  may  assign
    27  any  such  employees to work for the corporation as shall be required in
    28  order to carry out the purposes of this section and all  such  employees
    29  shall  retain their respective civil service classifications, seniority,
    30  status, and rights pursuant to their collective bargaining units  and/or
    31  collective  bargaining agreements, as applicable.  Any employee assigned
    32  pursuant to this section shall remain in his or her collective  bargain-
    33  ing  unit,  and no employee shall receive a reduction in salary or bene-
    34  fits due to such assignment. Notwithstanding any provision of law to the
    35  contrary, the term "employee" as set forth in this section shall mean  a
    36  dormitory authority employee assigned, in whole, or in part, to work for
    37  the corporation.
    38    (c)  Such corporation shall be a body corporate and politic constitut-
    39  ing a public benefit corporation, and shall have all of the  privileges,
    40  immunities, tax exemptions and other exemptions of the dormitory author-
    41  ity to the extent the same are not inconsistent with this section.
    42    (d)  The  board  of  the corporation shall consist of three members as
    43  designated by the governor, and the governor shall designate  the  chair
    44  from  among  the  members of the corporation's board. The members of the
    45  corporation's board shall serve until such time as his or her  successor
    46  is appointed by the governor.
    47    (e)  A quorum shall consist of a majority of the members of the board.
    48  A quorum shall be required  for  the  board  to  conduct  business,  and
    49  approval  of  any  matter  properly  before  the board shall require the
    50  affirmative vote of the majority of the board. Meetings  of  the  corpo-
    51  ration  shall  be  called  by the chair, or by a majority of the members
    52  appointed. Meetings shall be held at least bi-annually.
    53    (f) Nothing in this subdivision  shall  be  construed  to  impose  any
    54  liabilities,  obligations  or  responsibilities of such corporation upon
    55  the dormitory authority, and the authority shall have  no  liability  or

        A. 10741                           18
 
     1  responsibility  therefor unless the authority expressly agrees by resol-
     2  ution of the authority board to assume the same.
     3    (g) The provisions of section sixteen hundred ninety-one of this title
     4  shall  in all respects apply to members of the corporation and any offi-
     5  cer, employee or agent  of  the  dormitory  authority  [transferred  or]
     6  assigned  to  the corporation, while acting within the scope of his, her
     7  or its authority.
     8    (h) All of the provisions of sections seventeen and  nineteen  of  the
     9  public  officers law shall apply to the members, directors, officers and
    10  employees of the corporation.
    11    (i) The corporation created pursuant to this section shall be  subject
    12  to  any  other  provisions of this chapter pertaining to subsidiaries of
    13  public authorities to the extent that such provisions are not inconsist-
    14  ent with the provisions of this section.
    15    3. Corporation review and oversight of certain public works contracts.
    16  For individual  public  works  projects  having  a  total  or  aggregate
    17  construction  value  in  excess  of  fifty  million dollars, hereinafter
    18  referred to as "covered projects", and for any and all contracts  relat-
    19  ing to such covered projects which are advertised for bid or proposal or
    20  otherwise  procured  and/or  entered into on or after January first, two
    21  thousand sixteen:
    22    (a) Any state entity proposing a covered project shall provide written
    23  notice to the corporation of such proposal, to include  without  limita-
    24  tion,  the  estimated  value of the covered project and a summary of the
    25  scope and duration of  such  covered  project.  Projects  shall  not  be
    26  divided  or  segmented  for the purposes of avoiding compliance with the
    27  provisions of this act. For purposes of this section, "covered  project"
    28  shall  not  include capital projects of the office of state comptroller,
    29  office of the attorney general or education department of the  state  of
    30  New York.
    31    (b)  The corporation shall have the authority to, and may, in its sole
    32  discretion, review, monitor, and oversee, in  whole  or  in  part,  such
    33  covered project, and make recommendations regarding necessary corrective
    34  or  other  action  to  any  state entity in connection with such covered
    35  project provided that the corporation, in  its  sole  discretion,  deems
    36  such covered project to be at risk of being delayed, not being completed
    37  within budget, or not completed at an acceptable level of quality.
    38    (c)  For  the  purposes of this section, the term "project" shall mean
    39  any work associated with the planning, acquisition, design, engineering,
    40  environmental analysis, construction, reconstruction, restoration, reha-
    41  bilitation, establishment, improvement, renovation,  extension,  repair,
    42  revitalization, management and development of a capital asset as defined
    43  in section two of the state finance law.
    44    (d)  The state entity undertaking such covered project shall cooperate
    45  in good faith with the corporation, and provide reasonable access to all
    46  personnel, books, records, plans, specifications, data and other  infor-
    47  mation  as  may  be necessary for the corporation to perform its duties.
    48  The corporation shall limit its request for access to  such  information
    49  that  is  reasonably  necessary,  as  determined  by  the corporation to
    50  perform its duties.
    51    (e) In the event the corporation determines that corrective  or  other
    52  action is necessary for such covered project, then the corporation shall
    53  provide the state entity with written notice of what corrective or other
    54  actions  the  corporation  recommends  as  necessary  to  accomplish the
    55  project, to the extent practicable, on time, within  budget  and  at  an

        A. 10741                           19
 
     1  acceptable  overall  cost  to  the state of New York. Such corrective or
     2  other action may include, but not be limited to:
     3    (i) Modification of such plans, schedules, specifications, designs and
     4  estimates  of costs for the construction of the project and equipment of
     5  facilities;
     6    (ii) Detailed analysis of the project schedule so as  to  cure  delays
     7  that may have occurred or prevent future delay;
     8    (iii) Detailed analysis of project budget;
     9    (iv)  Detailed  analysis  of  change  orders  and/or payments to prime
    10  contractors, subcontractors and other parties;
    11    (v)  Detailed  analysis  of  records  of  construction   observations,
    12  inspections and deficiencies;
    13    (vi)  Exercise  of  applicable  rights and/or remedies with respect to
    14  contracts, contractors, subcontractors or other consultants;
    15    (vii) Procurement of independent  auditors,  project  managers,  legal
    16  counsel, or other professionals for the benefit of the project;
    17    (viii)  Regular  reporting  of  project  status  and milestones to the
    18  corporation;
    19    (ix) Active project management review and  oversight  utilizing  addi-
    20  tional resources provided by the corporation; and
    21    (x) Periodic project review and audit by the corporation on a suitable
    22  time interval determined by the corporation.
    23    The state entity undertaking the project shall have a period of thirty
    24  days,  or shorter if the corporation determines that a shorter period is
    25  required by the circumstances or longer  if  the  corporation  consents,
    26  from receipt of written notice of recommended corrective action from the
    27  corporation,  to  notify the corporation in writing of its acceptance or
    28  rejection of the corrective or other action. In the event that the state
    29  entity rejects any corrective or other action, in whole or in  part,  it
    30  shall provide simultaneous written notice to the corporation accompanied
    31  by  a  reasoned  explanation in support of its rejection. Such rejection
    32  shall be reported to the secretary to the governor and the  director  of
    33  the  division of budget within fifteen days of its receipt by the corpo-
    34  ration.
    35    (f) Any state entity proposing  a  covered  project  shall  include  a
    36  summary  of  the  provisions of this section in all such proposal and/or
    37  bid documents for such projects.
    38    4. General powers and duties of the corporation. (a)  The  corporation
    39  shall have the power to:
    40    (i) Sue and be sued;
    41    (ii) Have a seal and alter the same at pleasure;
    42    (iii) Make and alter by-laws for its organization and internal manage-
    43  ment and make rules and regulations governing same;
    44    (iv)  [Appoint]  Assign  such officers and employees from the officers
    45  and employees of the authority, as it may require for the performance of
    46  its duties and, for those officers and employees who are not represented
    47  by a recognized employee organization, fix and  determine  their  quali-
    48  fications, duties, and compensation[, and retain];
    49    (v) Retain or employ counsel, auditors, private financial consultants,
    50  professional engineers or other technical consultants and other services
    51  on  a  contract  basis  or otherwise, for the rendering of professional,
    52  business or technical services and advice;
    53    [(v)] (vi) Make and execute contracts and all other instruments neces-
    54  sary or convenient for the exercise of its powers  and  functions  under
    55  this section;

        A. 10741                           20
 
     1    [(vi)]  (vii) Engage the services of private consultants on a contract
     2  basis for rendering professional and technical assistance advice  relat-
     3  ing to covered projects;
     4    [(vii)]  (viii)  Procure insurance against any loss in connection with
     5  its activities, properties and other assets, in  such  amount  and  from
     6  such insurance as it deems desirable; and
     7    [(viii)] (ix) Invest any funds of the corporation, or any other monies
     8  under  its  custody  and  control  not  required  for  immediate  use or
     9  disbursement, at the discretion of the corporation,  in  obligations  of
    10  the  state  or the United States government or obligations the principal
    11  and interest of which are obligations in which the  comptroller  of  the
    12  state  is  authorized  to invest pursuant to section ninety-eight of the
    13  state finance law.
    14    (b) The corporation may do any and all things  necessary  [or  conven-
    15  ient]  to  carry  out  and exercise the powers given and granted by this
    16  section.
    17    (c) Notwithstanding any other provision of law, to the  contrary,  all
    18  state  entities  and their officers shall cooperate with the corporation
    19  in good faith and may implement the recommendations of the corporation.
    20    § 2. This act shall take effect immediately, provided,  however,  that
    21  the  amendments  to section 1678-a of the public authorities law made by
    22  section one of this act shall not affect the repeal of such section  and
    23  shall be deemed repealed therewith.
 
    24                                   PART J
 
    25    Section  1. Section 3 of chapter 549 of the laws of 1994, amending the
    26  public authorities law relating to the  membership  composition  of  the
    27  metropolitan  transportation  authority board, as amended by chapter 576
    28  of the laws of 2011, is amended to read as follows:
    29    § 3. This act shall take effect January 1, 1995 and shall  expire  and
    30  be  deemed  repealed  on  June  30,  [2016]  2020 and upon such date the
    31  provisions of law amended by this act shall revert to and be read as  if
    32  the provisions of this act had not been enacted.
    33    § 2. This act shall take effect immediately.
 
    34                                   PART K
 
    35    Section  1.  Section 1 of chapter 53 of the laws of 2016, enacting the
    36  Aid to Localities Budget, is amended by repealing the items  hereinbelow
    37  set  forth  in  brackets  and  by adding to such section the other items
    38  underscored in this section.
    39                         AID TO LOCALITIES   2016-17
 
    40                            OFFICE FOR THE AGING
 
    41  COMMUNITY SERVICES PROGRAM ................................. 248,848,000
    42                                                            --------------
 
    43    General Fund
    44    Local Assistance Account - 10000

    45  For services and expenses of [Jewish  Commu-
    46    nity  Center  of Hillcrest, Inc] Hillcrest
    47    Jewish Center, Inc. ............................ 100,000

        A. 10741                           21
 
     1                      DEPARTMENT OF HEALTH
 
     2  WADSWORTH CENTER FOR LABORATORIES AND RESEARCH PROGRAM ...... 14,304,400
     3                                                            --------------
 
     4    General Fund
     5    Local Assistance Account - 10000
 
     6  For  services  and expenses [for a statewide
     7    campaign to promote awareness of  donating
     8    umbilical  cord  blood  to  a  public cord
     9    blood bank.  A  portion  or  all  of  this
    10    appropriation  may be transferred to state
    11    operations] of Upstate University Hospital
    12    - Upstate Cord Blood Bank ...................... 300,000
    13                                              --------------
 
    14    § 2. This act shall take effect immediately and  shall  be  deemed  to
    15  have been in full force and effect on and after April 1, 2016.
 
    16                                   PART L
 
    17    Section  1.  That part of section 1 of chapter 53 of the laws of 2016,
    18  enacting the Aid to Localities Budget, is amended by repealing the  date
    19  hereinbelow  set  forth  in  brackets and by adding the date underscored
    20  below.
    21                         AID TO LOCALITIES   2016-17
 
    22                            EDUCATION DEPARTMENT
 
    23  OFFICE OF PREKINDERGARTEN THROUGH GRADE  TWELVE  EDUCATION
    24    PROGRAM ............................................... 30,363,782,000
    25                                                            --------------
 
    26    General Fund
    27    Local Assistance Account - 10000
 
    28  Notwithstanding  any  inconsistent provision
    29    of law, no school district shall be eligi-
    30    ble  for  an  apportionment   of   general
    31    support  for public schools from the funds
    32    appropriated for the 2016-17  school  year
    33    in  excess  of  the  amount apportioned to
    34    such school district in the base year,  as
    35    defined  in  subdivision 1 of section 3602
    36    of the education law, unless  such  school
    37    district  has submitted documentation that
    38    has been approved by the  commissioner  of
    39    education  by [September 1] December 31 of
    40    the current year demonstrating that it has
    41    fully implemented the standards and proce-
    42    dures for conducting  annual  teacher  and
    43    principal   evaluations  of  teachers  and
    44    principals in accordance with the require-
    45    ments of section 3012-d of  the  education
    46    law  and  the  regulations  issued  by the

        A. 10741                           22
 
     1    commissioner. Provided  further  that  any
     2    apportionment  withheld  pursuant  to this
     3    appropriation shall  not  occur  prior  to
     4    April  1 of the current year and shall not
     5    have any effect on the  base  year  calcu-
     6    lation  for  use  in the subsequent school
     7    year.
 
     8    § 2. This act shall take effect immediately and  shall  be  deemed  to
     9  have been in full force and effect on and after April 1, 2016.
 
    10                                   PART M
 
    11    Section  1.  Section  1 of chapter 55 of the laws of 2016 enacting the
    12  Capital Projects Budget, as amended by section 3 of chapter  53  of  the
    13  laws of 2016, is amended by adding to such section the items underscored
    14  in this section.
    15                         CITY UNIVERSITY OF NEW YORK
    16           (APPROPRIATED TO THE CITY UNIVERSITY CONSTRUCTION FUND)
    17                               SENIOR COLLEGES
 
    18                         CAPITAL PROJECTS   2016-17
 
    19  GENERAL MAINTENANCE AND IMPROVEMENTS (CCP)
 
    20    Capital Projects Funds - Other
    21    Capital Projects Fund
    22    Administration Purpose
 
    23  For additional services and expenses related
    24    to alterations and improvements to various
    25    facilities for capital projects, including
    26    but   not   limited   to  capital  design,
    27    construction, acquisition, reconstruction,
    28    rehabilitation, and equipment; for  health
    29    and  safety,  preservation  of facilities,
    30    program  improvement  or  program  change,
    31    environmental protection, energy conserva-
    32    tion,  accreditation,  facilities  for the
    33    physically disabled, preventative  mainte-
    34    nance   and  related  projects,  including
    35    costs incurred prior to April 1, 2016  and
    36    subject  to a plan developed and submitted
    37    by the city university of New  York  board
    38    of  trustees  and approved by the director
    39    of the budget (30051650) .................... 20,000,000
 
    40                        STATE UNIVERSITY OF NEW YORK
    41          (APPROPRIATED TO THE STATE UNIVERSITY CONSTRUCTION FUND)
 
    42                         CAPITAL PROJECTS   2016-17

    43  GENERAL MAINTENANCE AND IMPROVEMENTS (CCP)
 
    44  Capital Projects Funds - Other
    45    Capital Projects Fund

        A. 10741                           23
 
     1    Preservation of Facilities Purposes
 
     2  For additional services and expenses related
     3    to alterations and improvements to various
     4    facilities for capital projects, including
     5    but  not limited to services and expenses,
     6    service agreements  or  service  contracts
     7    and  memoranda of understanding; for capi-
     8    tal design including the cost of  services
     9    provided by private firms, including prep-
    10    aration  of designs, plans, specifications
    11    and estimates; for  property  acquisition,
    12    facility   construction,   reconstruction,
    13    rehabilitation, equipment; for health  and
    14    safety   improvements   and   upgrades  to
    15    preserve or enhance facility  functioning;
    16    for   program   improvements   or  program
    17    change; to support improvements  in  tech-
    18    nology,       research,      environmental
    19    protection, energy and resource  conserva-
    20    tion,  and accreditation; to finance costs
    21    attributable to executive  order  88,  ADA
    22    and  code  compliance needs, claims, emer-
    23    gencies and remediation  of  environmental
    24    hazards;  to  ensure  the functionality of
    25    major building systems such as fire alarms
    26    and  sprinklers,  electrical,  mechanical,
    27    plumbing,   heating/cooling   systems  and
    28    supporting    infrastructure,    including
    29    underground  utilities; and to provide for
    30    facilities for the  disabled  and  related
    31    projects including costs incurred prior to
    32    April  1, 2016 subject to a plan developed
    33    by the state university of  New  York  and
    34    approved  by  the  director  of the budget
    35    (28F31603) .................................. 30,000,000
 
    36                       Project Schedule
    37  PROJECT                                             AMOUNT
    38  ----------------------------------------------------------
    39                                      (thousands of dollars)
    40  Albany
    41    Campus-wide projects ............................. 1,400
    42  Alfred Ceramics
    43    Campus-wide projects ............................... 100
    44  Alfred State
    45    Campus-wide projects ............................... 350
    46  Binghamton
    47    Campus-wide projects ............................. 1,550
    48  Brockport
    49    Campus-wide projects ............................... 850
    50  Brooklyn Health Science Center (HSC)
    51    Campus-wide projects ............................... 550
    52  Buffalo College
    53    Campus-wide projects ............................. 1,000
    54  Buffalo University

        A. 10741                           24
 
     1    Campus-wide projects ............................. 2,550
     2  Canton
     3    Campus-wide projects ............................... 250
     4  Cobleskill
     5    Campus-wide projects ............................... 300
     6  Cornell
     7    Campus-wide projects ............................. 1,400
     8  Cortland
     9    Campus-wide projects ............................... 700
    10  Delhi
    11    Campus-wide projects ............................... 300
    12  Empire State
    13    Campus-wide projects ................................ 50
    14  Environmental Science and Forestry
    15    Campus-wide projects ............................... 350
    16  Farmingdale
    17    Campus-wide projects ............................... 700
    18  Fredonia
    19    Campus-wide projects ............................... 550
    20  Geneseo
    21    Campus-wide projects ............................... 550
    22  Maritime
    23    Campus-wide projects ............................... 250
    24  Morrisville
    25    Campus-wide projects ............................... 350
    26  New Paltz
    27    Campus-wide projects ............................... 700
    28  Old Westbury
    29    Campus-wide projects ............................... 350
    30  Oneonta
    31    Campus-wide projects ............................... 600
    32  Optometry
    33    Campus-wide projects ............................... 150
    34  Oswego
    35    Campus-wide projects ............................... 900
    36  Plattsburgh
    37    Campus-wide projects ............................... 600
    38  Potsdam
    39    Campus-wide projects ............................... 600
    40  Purchase
    41    Campus-wide projects ............................... 650
    42  State Univ Plaza
    43    Campus-wide projects ............................... 250
    44  Stony  Brook,  incl  Health  Science  Center
    45    (HSC) and Long Island State Veterans Home:
    46    Campus-wide projects ............................. 3,100
    47  Syracuse Health Science Center (HSC)
    48    Campus-wide projects ............................... 500
    49  SUNY Polytechnic
    50    Campus-wide projects ............................... 150
    51  University-wide Alterations and Improvements
    52    Maintenance undistributed
    53  For university-wide capital  project  costs,
    54    including  costs attributable to executive
    55    order 88; ADA and code compliance  claims;
    56    environmental  hazards; emergencies health

        A. 10741                           25
 
     1    and safety, and energy conservation needs,
     2    asbestos and PCB remediation; fire  alarms
     3    and  sprinklers;  electrical,  mechanical,
     4    plumbing  and  heating  and cooling system
     5    requirements  and  other   university-wide
     6    needs ............................................ 2,850
     7  University-wide Alterations and Improvements
     8    Maintenance undistributed
     9  For priority capital projects ...................... 4,500
    10                                              --------------
    11    Total ........................................... 30,000
    12                                              ==============
 
    13    §  2.  This  act  shall take effect immediately and shall be deemed to
    14  have been in full force and effect on the same  date  and  in  the  same
    15  manner as chapter 55 of the laws of 2016 took effect.
 
    16                                   PART N
 
    17    Intentionally omitted.
 
    18                                   PART O
 
    19    Section  1. Section 34 of chapter 91 of the laws of 2002, amending the
    20  education law and other laws relating to reorganization of the New  York
    21  city  school  construction  authority,  board of education and community
    22  boards, as amended by section 1 of subpart D of part B of chapter 20  of
    23  the laws of 2015, is amended to read as follows:
    24    § 34. This act shall take effect July 1, 2002; provided, that sections
    25  one  through  twenty, twenty-four, and twenty-six through thirty of this
    26  act shall expire and be deemed repealed June 30, [2016]  2017  provided,
    27  further,  that notwithstanding any provision of article 5 of the general
    28  construction law, on June 30, [2016] 2017 the provisions of subdivisions
    29  3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
    30  b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
    31  2554 of the education law as repealed by  section  three  of  this  act,
    32  subdivision  1  of  section  2590-b  of the education law as repealed by
    33  section six of this act, paragraph  (a)  of  subdivision  2  of  section
    34  2590-b  of  the  education law as repealed by section seven of this act,
    35  section 2590-c of the education law as repealed by section eight of this
    36  act, paragraph c of subdivision 2 of section 2590-d of the education law
    37  as repealed by section twenty-six of this act, subdivision 1 of  section
    38  2590-e  of the education law as repealed by section twenty-seven of this
    39  act, subdivision 28 of section 2590-h of the education law  as  repealed
    40  by section twenty-eight of this act, subdivision 30 of section 2590-h of
    41  the education law as repealed by section twenty-nine of this act, subdi-
    42  vision  30-a  of  section  2590-h  of  the  education law as repealed by
    43  section thirty of this  act  shall  be  revived  and  be  read  as  such
    44  provisions  existed  in law on the date immediately preceding the effec-
    45  tive date of this act; provided, however, that sections seven and  eight
    46  of  this  act  shall  take effect on November 30, 2003; provided further
    47  that the amendments to subdivision 25 of section 2554 of  the  education
    48  law  made  by section two of this act shall be subject to the expiration
    49  and reversion of such subdivision pursuant to section 12 of chapter  147
    50  of  the  laws of 2001, as amended, when upon such date the provisions of
    51  section four of this act shall take effect.

        A. 10741                           26
 
     1    § 2. Subdivision 12 of section 17 of chapter 345 of the laws of  2009,
     2  amending  the education law and other laws relating to the New York city
     3  board of education, chancellor, community councils, and community super-
     4  intendents, as amended by section 2 of subpart D of part B of chapter 20
     5  of the laws of 2015, is amended to read as follows:
     6    12. any provision in sections one, two, three, four, five, six, seven,
     7  eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
     8  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
     9  section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
    10  and be deemed repealed June 30, [2016] 2017.
    11    § 3.  The education law is amended by adding a new section 2590-r-1 to
    12  read as follows:
    13    §  2590-r-1. Community school district based budgeting and expenditure
    14  reporting.   Notwithstanding any  provision  of  law  to  the  contrary,
    15  commencing with the two thousand seventeen--two thousand eighteen school
    16  year and thereafter, no fewer than fifteen days after the release of the
    17  executive budget of the city of New York by the mayor of the city of New
    18  York,  the  chancellor  shall provide to the city council and shall make
    19  publicly available and on the district website a detailed  statement  of
    20  the  total funding allocation for each community school district for the
    21  school budget year. After the close of the preceding  fiscal  year,  and
    22  prior  to  presentation of the following year's school budget, the chan-
    23  cellor shall provide to the city council and shall make publicly  avail-
    24  able and on the district website a detailed statement of the total fund-
    25  ing  allocation  for  each  community  school district for the preceding
    26  school budget year. Such statements shall be in a form developed by  the
    27  director of the budget.
    28    § 4. This act shall take effect immediately.
 
    29                                   PART P
 
    30    Section  1.    Section 355 of the education law is amended by adding a
    31  new subdivision 2-a to read as follows:
    32    2-a. Notwithstanding any other provision of law, rule,  or  regulation
    33  to the contrary, the state university trustees charter school committee,
    34  as a charter entity, are further authorized and empowered, to promulgate
    35  regulations  with  respect  to  governance,  structure and operations of
    36  charter schools for which  they  are  the  charter  entity  pursuant  to
    37  section twenty-eight hundred fifty-one of this chapter.
    38    §  2.  Section  2851  of  the education law is amended by adding a new
    39  subdivision 5 to read as follows:
    40    5. Notwithstanding any provision of law, rule  or  regulation  to  the
    41  contrary for a period of one year from the effective date of this subdi-
    42  vision, a charter school approved by a charter entity listed in subdivi-
    43  sion  three  of this section may apply at any time during this period to
    44  another charter entity, defined in paragraph (a), (b) or (c) of subdivi-
    45  sion three of this section to request such other charter entity to over-
    46  see and supervise such charter school. All  standards  and  requirements
    47  established  in  the  original  charter agreement shall remain in effect
    48  until the scheduled expiration of such charter  agreement  and  provided
    49  however  that  all obligations of the previous charter entity to oversee
    50  and supervise a charter school shall  terminate  upon  the  transfer  of
    51  authorization of such charter school to a new charter entity, as defined
    52  in  subdivision  five  of section twenty-eight hundred fifty-two of this
    53  article, and the previous charter entity shall provide in a timely fash-
    54  ion information relevant to the charter as requested by such other char-

        A. 10741                           27

     1  ter entity. A charter school that seeks to  change  its  charter  entity
     2  must  have  met  all other requirements of this article and cannot be in
     3  violation of any legal requirement, in probationary  status,  or  slated
     4  for closure.
     5    § 3. This act shall take effect immediately.
 
     6                                   PART Q
 
     7    Section 1. The real property actions and proceedings law is amended by
     8  adding a new section 1308 to read as follows:
     9    §  1308.  Inspecting,  securing  and  maintaining vacant and abandoned
    10  residential real property. Notwithstanding any other provision of law to
    11  the contrary, the following subdivisions  of  this  section  shall  only
    12  apply  to vacant and abandoned one to four family residential real prop-
    13  erty, and any duties and responsibilities so prescribed by this  section
    14  shall only apply to the first lien mortgage holder. Vacant and abandoned
    15  residential  real property shall be defined pursuant to section thirteen
    16  hundred nine of this article.  For each calendar year this section shall
    17  not apply to state or federally chartered banks, savings banks,  savings
    18  and  loan  associations,  or  credit  unions  which: (1) originate, own,
    19  service and maintain their mortgages or a portion thereof; and (2)  have
    20  less  than  three-tenths  of one percent of the total loans in the state
    21  which they either originate, own, service, or maintain for the  calendar
    22  year  ending December thirty-first of the calendar year ending two years
    23  prior to the current calendar year. For any state or federally chartered
    24  banks, savings banks, savings and loan associations,  or  credit  unions
    25  which  originate,  own, service and maintain between three-tenths of one
    26  percent and five-tenths of one percent of the total loans in  the  state
    27  which  they either originate, own, service, or maintain for the calendar
    28  year ending December thirty-first of the calendar year ending two  years
    29  prior  to  the  current  calendar  year, the application of this section
    30  shall be prospective only.
    31    1. Subject to bankruptcy filings, cease and desist orders, threats  of
    32  violence,  or  active  loss  mitigation efforts, within ninety days of a
    33  borrower's delinquency, the servicer authorized to accept payment of the
    34  loan shall complete an exterior inspection of the  subject  property  to
    35  determine occupancy. Thereafter, throughout the delinquency of the loan,
    36  the  servicer shall conduct an exterior inspection of the property every
    37  twenty-five to thirty-five days, at different times of the day.
    38    2. If a borrower is delinquent and  subject  to  property  inspections
    39  pursuant  to  subdivision one of this section, the servicer shall secure
    40  and maintain the residential  real  property  pursuant  to  subdivisions
    41  three, four, five, six, and seven of this section where the servicer has
    42  a  reasonable  basis  to  believe  that the residential real property is
    43  vacant and abandoned, as defined in section  thirteen  hundred  nine  of
    44  this chapter, and is not otherwise restricted from accessing the proper-
    45  ty.
    46    3.  Within  seven  business  days  of determining that the property is
    47  vacant and abandoned based on the criteria set forth in subdivision  two
    48  of  this section, the servicer shall post a notice on an easily accessi-
    49  ble part of the property that would be reasonably visible to the borrow-
    50  er, property owner or occupant, and monitor the property for any  change
    51  in  occupancy  or contact with the borrower, property owner or occupant,
    52  and monitor to ensure that the notice remains posted so long as the duty
    53  to maintain applies. The posted notice shall provide the servicer's toll
    54  free number or similar contact information.

        A. 10741                           28
 
     1    4. If the posted notice is not responded  to  or  persists  for  seven
     2  consecutive  calendar  days  without contact with the borrower, property
     3  owner or occupant indicating that the property is not  vacant  or  aban-
     4  doned,  or  if  an  emergent  property  condition  that could reasonably
     5  damage, destroy or harm the property arises, the servicer shall:
     6    (a) in cases where the property contains two or more points of ingress
     7  or  egress,  replace  no  more  than one door lock to provide subsequent
     8  access to the property;
     9    (b) secure, replace or board up broken doors and windows;
    10    (c) secure any part of the property that may be deemed  an  attractive
    11  nuisance  including,  but  not  limited  to,  a water feature that could
    12  create a drowning risk, refrigerator  or  freezer  units,  outbuildings,
    13  wells or septic tanks;
    14    (d)  take reasonable measures to ensure that pipes, ducts, conductors,
    15  fans and blowers do not discharge harmful gases, steam, vapor, hot  air,
    16  grease, smoke, odors or other gaseous or particulate waste directly upon
    17  abutting  or  adjacent  public  or  private  property or that of another
    18  tenant;
    19    (e) where appropriate, winterize the applicable plumbing  and  heating
    20  systems;
    21    (f)  provide  basic  utilities  including,  but not limited to, water,
    22  electricity, natural gas, propane and sewer service, as appropriate  and
    23  when  allowed  by  the  local  utility provider, that are needed for the
    24  operation of a sump pump or dehumidifier,  or  when  there  are  jointly
    25  owned or shared utilities with adjoining properties or units, except for
    26  turning  off  water  service  to  prevent flooding or water leaks in the
    27  property, or when other utility service could reasonably create a hazard
    28  to the property or an unauthorized occupant or person entering the prop-
    29  erty;
    30    (g) remove and remediate any significant  health  and  safety  issues,
    31  including outstanding code violations;
    32    (h) take reasonable measures to prevent the growth of harmful mold;
    33    (i)  respond  to  government  inquiries  regarding property condition,
    34  subject to restrictions regarding financial privacy; and
    35    (j) ensure that the notice required to be posted in subdivision  three
    36  of this section remains posted on an easily accessible part of the prop-
    37  erty that would be reasonably visible to the borrower, property owner or
    38  occupant so long as the duty to maintain applies.
    39    5. At no time shall a servicer remove personal property from the prop-
    40  erty unless:
    41    (a) the personal property poses a significant health and safety issue;
    42  or
    43    (b) there is an uncontested order to do so by a governmental entity.
    44    6. A servicer who has determined a property to be vacant and abandoned
    45  and who has secured the same shall take reasonable and necessary actions
    46  to maintain the property until the earlier of the following events:
    47    (a) an occupant of the property has asserted his or her right to occu-
    48  py  the property, or the servicer or its agents have received threats of
    49  violence;
    50    (b) the borrower has filed for bankruptcy;
    51    (c) a court has ordered the servicer to stop any  maintenance  of  the
    52  property;
    53    (d)  a homeowners' association or cooperative has prevented the servi-
    54  cer from gaining access to or maintaining the property;
    55    (e) the property has been sold or transferred to a new owner;

        A. 10741                           29
 
     1    (f) the servicer or investor subject to the provisions of this section
     2  has released the lien on the property; or
     3    (g) the mortgage note has been assigned, transferred or sold to anoth-
     4  er servicer.
     5    7.  Reasonable and necessary actions to maintain the property include,
     6  but are not limited to:
     7    (a) ensuring that the property remains secure pursuant to subdivisions
     8  four, five and six of this section; and
     9    (b) maintaining property in a manner consistent with the standards set
    10  forth in sections 301, 302 (excluding 302.2, 302.6  and  302.8),  304.1,
    11  304.3,  304.7,  304.10, 304.12, 304.13, 304.15, 304.16, 307.1, and 308.1
    12  of the New York property maintenance code, to the extent that the  mort-
    13  gage  servicer  or  its  agents are able to obtain necessary or required
    14  permits or approvals.
    15    8. (a) Violations of this section may be heard before a hearing  offi-
    16  cer  or  a  court  of  competent jurisdiction. If it shall appear to the
    17  satisfaction of the hearing officer or the court, based on  the  prepon-
    18  derance  of the evidence, that the mortgagee or agent of a mortgagee has
    19  violated this section, a civil penalty may  be  issued  by  the  hearing
    20  officer or the court in the amount of up to five hundred dollars per day
    21  per property for each day the violation persisted.
    22    (b)  The  superintendent of financial services may, as appropriate and
    23  in his or her sole discretion, pursue any suspected  violation  of  this
    24  section.  Before  taking  such action, the superintendent shall give the
    25  lender, assignee or mortgage loan servicer at least seven  days'  notice
    26  of the violation.
    27    (c)  In  addition to the authority granted to the department of finan-
    28  cial services, the municipality in which such residential real  property
    29  is located, shall have the right to enforce the obligations described in
    30  this section in any court of competent jurisdiction after at least seven
    31  days'  notice  to the lender, assignee or mortgage loan servicer, unless
    32  the property requires emergency repairs to address a  threat  to  public
    33  health,  safety or welfare, in which case the municipality may enter and
    34  maintain the property to cure the emergency,  provided  however,  notice
    35  shall  be  provided to the lender, assignee or mortgage loan servicer as
    36  soon as practicable.  Any municipality acting pursuant to this  subdivi-
    37  sion shall have a cause of action in any court of competent jurisdiction
    38  against  the lender, assignee or mortgage loan servicer to recover costs
    39  incurred as a result of maintaining  the  property.  Such  entity  shall
    40  provide  the  department  of  financial  services with written notice at
    41  least ten days prior to bringing an action pursuant to this subdivision;
    42  provided, however, that failure to comply with this  notice  requirement
    43  shall  not be a defense to the entity proceeding pursuant to this subdi-
    44  vision. The authority provided by this subdivision shall be in  addition
    45  to,  and  shall  not  be deemed to diminish or reduce, any rights of the
    46  parties described in this section under existing law against the mortga-
    47  gor of such property for failure to maintain such property.   Any  civil
    48  penalty  imposed  pursuant  to  paragraph  (a) of this subdivision in an
    49  action brought by a municipality pursuant to  this  paragraph  shall  be
    50  retained by such municipality.
    51    (d)  The  department of financial services is authorized and empowered
    52  to adopt such rules and regulations as  may,  in  the  judgment  of  the
    53  superintendent  of  financial  services,  be necessary for the effective
    54  implementation,  administration,  operation  and  enforcement  of   this
    55  section.

        A. 10741                           30

     1    9. A servicer who peacefully enters a vacant and abandoned property in
     2  order  to maintain pursuant to this section shall be immune from liabil-
     3  ity when such servicer is making reasonable efforts to comply  with  the
     4  statute.
     5    10.  The provisions of this section are subject to federal laws, court
     6  orders and investor and insurer guidelines.
     7    11.   For all state  or  federally  chartered  banks,  savings  banks,
     8  savings and loan associations, credit unions, or servicers for which the
     9  provisions  of  this section do not apply, pursuant to the opening para-
    10  graph of this section, any agreement between  such  state  or  federally
    11  chartered  banks,  savings  banks, savings and loan associations, credit
    12  unions, or servicers and the department of financial  services  that  is
    13  associated with the maintenance and repair of vacant and abandoned prop-
    14  erty  shall  remain  in full force and effect between the aforementioned
    15  parties for so long as the terms and conditions of such agreement remain
    16  in effect.
    17    12. The department of financial services shall issue  such  rules  and
    18  regulations  necessary to implement the terms of this section, including
    19  but not limited to rules and regulations pertaining to the reporting  of
    20  financial  information  that state or federally chartered banks, savings
    21  banks, savings and loan associations, or credit unions must  provide  to
    22  implement this section.
    23    13.  No  local  law,  ordinance,  or resolution shall impose a duty to
    24  maintain vacant and abandoned property as defined  in  section  thirteen
    25  hundred  nine  of  this  article  in  a  manner  inconsistent  with  the
    26  provisions of this section that are related to maintenance  as  provided
    27  under  subdivisions three, four, five, six and seven of this section, or
    28  establish related penalties nor other monetary obligations, with respect
    29  to a state or federally chartered bank, savings bank, savings  and  loan
    30  association or credit union that originates, owns, services or maintains
    31  a mortgage related to such property.
    32    No local law, ordinance, or resolution shall impose a duty to maintain
    33  vacant  and  abandoned  property  upon  any state or federally chartered
    34  bank, savings bank, savings and loan association or  credit  union  that
    35  originates, owns, services or maintains a mortgage related to such prop-
    36  erty  for  which the provisions of this section, pursuant to the opening
    37  paragraph of this section, do not apply.
    38    § 2. Rule 3408 of the civil practice law and rules, as added by  chap-
    39  ter  472  of the laws of 2008, subdivision (a) as amended by chapter 306
    40  of the laws of 2013, subdivisions (d), (e), (f), (g) and (h) as added by
    41  chapter 507 of the laws of 2009, is amended to read as follows:
    42    Rule 3408. Mandatory settlement conference in residential  foreclosure
    43  actions.    (a)  In  any residential foreclosure action involving a home
    44  loan as such term is defined in section thirteen  hundred  four  of  the
    45  real  property  actions and proceedings law, in which the defendant is a
    46  resident of the property subject to foreclosure,  plaintiff  shall  file
    47  proof  of service within twenty days of such service, however service is
    48  made, and the court shall hold a mandatory conference within sixty  days
    49  after  the  date when proof of service upon such defendant is filed with
    50  the county clerk, or on such adjourned date as has been agreed to by the
    51  parties, for the purpose of holding settlement discussions pertaining to
    52  the relative rights and obligations of the parties  under  the  mortgage
    53  loan  documents,  including,  but not limited to: 1. determining whether
    54  the parties can reach  a  mutually  agreeable  resolution  to  help  the
    55  defendant avoid losing his or her home, and evaluating the potential for
    56  a  resolution  in  which payment schedules or amounts may be modified or

        A. 10741                           31
 
     1  other workout options may be agreed to, [and  for]  including,  but  not
     2  limited  to,  a  loan modification, short sale, deed in lieu of foreclo-
     3  sure, or any other loss mitigation option; or 2. whatever other purposes
     4  the court deems appropriate.
     5    (b)  At  the  initial  conference  held  pursuant to this section, any
     6  defendant currently appearing pro se, shall be deemed  to  have  made  a
     7  motion  to  proceed as a poor person under section eleven hundred one of
     8  this chapter. The court shall determine whether such permission shall be
     9  granted pursuant to standards set forth in section eleven hundred one of
    10  this chapter. If the court appoints defendant counsel pursuant to subdi-
    11  vision (a) of section eleven hundred  two  of  this  chapter,  it  shall
    12  adjourn  the  conference to a date certain for appearance of counsel and
    13  settlement discussions pursuant to subdivision (a) of this section,  and
    14  otherwise shall proceed with the conference.
    15    (c) At any conference held pursuant to this section, the plaintiff and
    16  the defendant shall appear in person or by counsel, and [if appearing by
    17  counsel,  such  counsel]  each  party's representative at the conference
    18  shall be fully authorized to dispose of the case. [The  defendant  shall
    19  appear  in  person or by counsel.] If the defendant is appearing pro se,
    20  the court shall advise the defendant of the nature of the action and his
    21  or her rights and responsibilities as a  defendant.  Where  appropriate,
    22  the  court may permit a representative of the plaintiff or the defendant
    23  to attend the settlement conference telephonically or  by  video-confer-
    24  ence.
    25    (d)  Upon  the  filing  of  a request for judicial intervention in any
    26  action pursuant to this section, the court shall send either a  copy  of
    27  such  request  or the defendant's name, address and telephone number (if
    28  available) to a housing counseling agency or agencies on a  list  desig-
    29  nated  by the division of housing and community renewal for the judicial
    30  district in which the defendant resides. Such information shall be  used
    31  by  the designated housing counseling agency or agencies exclusively for
    32  the purpose of making the homeowner  aware  of  housing  counseling  and
    33  foreclosure prevention services and options available to them.
    34    (e) The court shall promptly send a notice to parties advising them of
    35  the  time  and  place  of  the settlement conference, the purpose of the
    36  conference and the requirements of this section. The notice shall be  in
    37  a  form  prescribed  by  the  office of court administration, or, at the
    38  discretion of the office of  court  administration,  the  administrative
    39  judge of the judicial district in which the action is pending, and shall
    40  advise  the  parties  of the documents that they [should] shall bring to
    41  the conference.
    42    1. For the plaintiff, such documents [should] shall include,  but  are
    43  not  limited  to, (i) the payment history[,]; (ii) an itemization of the
    44  amounts needed to cure and pay off the loan[, and]; (iii)  the  mortgage
    45  and  note  or  copies of the same; (iv) standard application forms and a
    46  description of loss mitigation options, if any, which may  be  available
    47  to  the  defendant;  and  (v)  any  other  documentation required by the
    48  presiding judge.  If the plaintiff is not the owner of the mortgage  and
    49  note, the plaintiff shall provide the name, address and telephone number
    50  of  the  legal  owner  of the mortgage and note.  For cases in which the
    51  lender or its servicing agent has evaluated or is evaluating eligibility
    52  for home loan modification programs or other loss mitigation options, in
    53  addition to the documents listed above,  the  plaintiff  shall  bring  a
    54  summary  of  the  status of the lender's or servicing agent's evaluation
    55  for such modifications or  other  loss  mitigation  options,  including,
    56  where  applicable, a list of outstanding items required for the borrower

        A. 10741                           32
 
     1  to complete any modification application, an expected date of completion
     2  of  the  lender's  or  servicer  agent's   evaluation,   and,   if   the
     3  modification(s)  was  denied,  a  denial  letter  or  any other document
     4  explaining the reason(s) for denial and the data input fields and values
     5  used in the net present value evaluation. If the modification was denied
     6  on  the  basis of an investor restriction, the plaintiff shall bring the
     7  documentary evidence which provides the basis for the denial, such as  a
     8  pooling and servicing agreement.
     9    2.  For  the defendant, such documents [should] shall include, but are
    10  not limited to, [proof of current income such as the two most recent pay
    11  stubs, most recent tax return and most recent property  tax  statements]
    12  if  applicable,  information  on  current  income tax returns, expenses,
    13  property taxes and previously  submitted  applications  for  loss  miti-
    14  gation;  benefits  information;  rental  agreements  or  proof of rental
    15  income; and any other documentation relevant to the proceeding  required
    16  by the presiding judge.
    17    (f)  Both the plaintiff and defendant shall negotiate in good faith to
    18  reach a mutually agreeable resolution, including but not  limited  to  a
    19  loan modification, short sale, deed in lieu of foreclosure, or any other
    20  loss mitigation, if possible.  Compliance with the obligation to negoti-
    21  ate  in  good  faith  pursuant  to this section shall be measured by the
    22  totality of the circumstances, including but not limited to the  follow-
    23  ing factors:
    24    1.  Compliance with the requirements of this rule and applicable court
    25  rules, court orders,  and  directives  by  the  court  or  its  designee
    26  pertaining to the settlement conference process;
    27    2.  Compliance  with  applicable mortgage servicing laws, rules, regu-
    28  lations, investor directives, and loss mitigation standards  or  options
    29  concerning  loan  modifications, short sales, and deeds in lieu of fore-
    30  closure; and
    31    3. Conduct consistent with  efforts  to  reach  a  mutually  agreeable
    32  resolution,  including  but not limited to, avoiding unreasonable delay,
    33  appearing at the settlement conference with authority to  fully  dispose
    34  of  the case, avoiding prosecution of foreclosure proceedings while loss
    35  mitigation applications are pending, and providing accurate  information
    36  to the court and parties.
    37    Neither  of the parties' failure to make the offer or accept the offer
    38  made by the other party is sufficient to establish a failure to  negoti-
    39  ate in good faith.
    40    (g)  The plaintiff must file a notice of discontinuance and vacatur of
    41  the lis pendens within [one hundred fifty days] ninety  days  after  any
    42  settlement agreement or loan modification is fully executed.
    43    (h)  A party to a foreclosure action may not charge, impose, or other-
    44  wise require payment from the other party for any  cost,  including  but
    45  not  limited  to  attorneys' fees, for appearance at or participation in
    46  the settlement conference.
    47    (i) The court may determine whether either party fails to comply  with
    48  the  duty to negotiate in good faith pursuant to subdivision (f) of this
    49  section, and order remedies pursuant to subdivisions (j) and (k) of this
    50  section, either on motion of any party or sua sponte on  notice  to  the
    51  parties, in accordance with such procedures as may be established by the
    52  court or the office of court administration. A referee, judicial hearing
    53  officer,  or  other staff designated by the court to oversee the settle-
    54  ment conference process may hear and report findings of fact and conclu-
    55  sions of law, and may make reports and recommendations for relief to the

        A. 10741                           33
 
     1  court concerning any party's failure to negotiate in good faith pursuant
     2  to subdivision (f) of this section.
     3    (j) Upon a finding by the court that the plaintiff failed to negotiate
     4  in  good  faith  pursuant  to subdivision (f) of this section, and order
     5  remedies pursuant to  this  subdivision  and  subdivision  (k)  of  this
     6  section  the  court  shall,  at  a  minimum,  toll  the accumulation and
     7  collection of interest, costs, and fees during any undue delay caused by
     8  the plaintiff, and where appropriate, the court may also impose  one  or
     9  more of the following:
    10    1.  Compel production of any documents requested by the court pursuant
    11  to subdivision (e) of this section or the court's  designee  during  the
    12  settlement conference;
    13    2.  Impose  a civil penalty payable to the state that is sufficient to
    14  deter repetition of the conduct and in an amount not to  exceed  twenty-
    15  five thousand dollars;
    16    3.  The  court may award actual damages, fees, including attorney fees
    17  and expenses to the defendant as a  result  of  plaintiff's  failure  to
    18  negotiate in good faith; or
    19    4. Award any other relief that the court deems just and proper.
    20    (k) Upon a finding by the court that the defendant failed to negotiate
    21  in  good  faith  pursuant  to subdivision (f) of this section, the court
    22  shall, at a minimum, remove the case from the  conference  calendar.  In
    23  considering  such a finding, the court shall take into account equitable
    24  factors including, but not limited to, whether the defendant was repres-
    25  ented by counsel.
    26    (l) At the first settlement conference held pursuant to this  section,
    27  if  the defendant has not filed an answer or made a pre-answer motion to
    28  dismiss, the court shall:
    29    1.  advise the defendant of the requirement to answer the complaint;
    30    2. explain what is required to answer a complaint in court;
    31    3.  advise that if an answer is not interposed the ability to  contest
    32  the foreclosure action and assert defenses may be lost; and
    33    4.  provide  information  about  available  resources  for foreclosure
    34  prevention assistance.
    35    At the first conference held pursuant to this section, the court shall
    36  also provide the defendant with a copy of the Consumer  Bill  of  Rights
    37  provided  for  in  section  thirteen  hundred three of the real property
    38  actions and proceedings law.
    39    (m) A defendant who appears  at  the  settlement  conference  but  who
    40  failed  to file a timely answer, pursuant to rule 320 of the civil prac-
    41  tice law and rules, shall be presumed to have a  reasonable  excuse  for
    42  the  default and shall be permitted to serve and file an answer, without
    43  any substantive defenses deemed to have been waived within  thirty  days
    44  of  initial  appearance at the settlement conference.  The default shall
    45  be deemed vacated upon service and filing of an answer.
    46    (n) Any motions submitted by the plaintiff or defendant shall be  held
    47  in  abeyance  while the settlement conference process is ongoing, except
    48  for motions concerning compliance with this rule  and  its  implementing
    49  rules.
    50    § 3. Subdivision (a) of rule 3408 of the civil practice law and rules,
    51  as  added  by  chapter  472  of  the laws of 2008, is amended to read as
    52  follows:
    53    (a) In any residential foreclosure action involving a  high-cost  home
    54  loan consummated between January first, two thousand three and September
    55  first, two thousand eight, or a subprime or nontraditional home loan, as
    56  those  terms are defined under section thirteen hundred four of the real

        A. 10741                           34
 
     1  property actions and proceedings law, in which the defendant is a  resi-
     2  dent  of  the  property  subject  to foreclosure, the court shall hold a
     3  mandatory conference within sixty days after  the  date  when  proof  of
     4  service is filed with the county clerk, or on such adjourned date as has
     5  been  agreed  to  by  the parties, for the purpose of holding settlement
     6  discussions pertaining to the relative rights  and  obligations  of  the
     7  parties  under  the  mortgage loan documents, including, but not limited
     8  to: 1. determining whether the parties can reach  a  mutually  agreeable
     9  resolution to help the defendant avoid losing his or her home, and eval-
    10  uating  the  potential  for  a  resolution in which payment schedules or
    11  amounts may be modified or other workout options may be agreed to[,  and
    12  for]  including,  but  not  limited to, a loan modification, short sale,
    13  deed in lieu of foreclosure, or any other loss mitigation option; or  2.
    14  whatever other purposes the court deems appropriate.
    15    §  4.  The  real  property  actions  and proceedings law is amended by
    16  adding two new sections 1309 and 1310 to read as follows:
    17    § 1309. Expedited application for judgment of foreclosure and sale for
    18  vacant and abandoned property.  1.  The  plaintiff  in  any  foreclosure
    19  proceeding  may make an application by notice of motion or order to show
    20  cause for a judgment of foreclosure and sale on  the  grounds  that  the
    21  subject  property  is vacant and abandoned.  The motion or order to show
    22  cause shall include the last known address of the borrower and the prop-
    23  erty address.   Notwithstanding  subdivision  (m)  of  rule  thirty-four
    24  hundred  eight  of  the civil practice law and rules no such application
    25  may be made until the defendant's time to answer the  complaint  in  the
    26  foreclosure  proceeding  shall  have  expired. Such application shall be
    27  served on defendant, regardless of whether  a  defendant  has  filed  an
    28  answer  or  appeared  in the case.  Such application shall: (a) state in
    29  bold letters, on the first page of the notice of motion or order to show
    30  cause: (i) "The plaintiff in this lawsuit has applied for  an  expedited
    31  judgment  of foreclosure and sale of your property on the ground that it
    32  is vacant and abandoned"; (ii) "Your property may be foreclosed upon and
    33  sold without any further proceedings if  you  do  not  respond  to  this
    34  motion  by  or  on  the  return date, which is ___"; (iii) "You have the
    35  right to stay in your property until a court orders you to  leave";  and
    36  (iv)  "You  may  respond  to  this motion by either submitting a written
    37  document or by appearing in court on the return date."; (b) be supported
    38  by affidavit and other proof, including but not limited to: (i) proof of
    39  ownership of the mortgage and the note, (ii) photographs evidencing that
    40  the subject property is vacant  and  abandoned  as  provided  for  under
    41  subdivision two of this section, and (iii) if available, utility company
    42  records  or  other  documentation  evidencing  the  vacant and abandoned
    43  status  of  the  premises;  (c)  set  forth,  supported  by  documentary
    44  evidence, the sums alleged to be due and owing upon the subject mortgage
    45  and  note,  including  the  current principal balance and a detailed and
    46  itemized account of each fee, each cost, and a calculation  of  interest
    47  accrued;  and  (d) request that the court confirm the sums due and owing
    48  upon the subject mortgage and note without appointment of a referee. The
    49  court shall promptly send a notice to the defendant of  the  plaintiff's
    50  notice  of  motion or order to show cause for a judgement of foreclosure
    51  and sale on the grounds that the subject property is  vacant  and  aban-
    52  doned.  The  notice shall advise the defendant that the lender is asking
    53  the court to expedite a judgement of foreclosure and sale of his or  her
    54  property  on  the  ground  that it is vacant and abandoned and about the
    55  time and place of the  court  date.  The  notice  shall  be  in  a  form
    56  prescribed by the courts, or, at the discretion of the courts.

        A. 10741                           35
 
     1    2.  (a)  As  used  in  this section, "vacant and abandoned residential
     2  property" means residential real property, as defined in  section  thir-
     3  teen  hundred  five of this article, with respect to which the plaintiff
     4  has proven, by preponderance of the evidence, that it has  conducted  at
     5  least   three  consecutive  inspections  of  such  property,  with  each
     6  inspection conducted  twenty-five  to  thirty-five  days  apart  and  at
     7  different  times  of the day, and at each inspection (i) no occupant was
     8  present and there was no evidence of occupancy on the property to  indi-
     9  cate  that any persons are residing there; and (ii) the residential real
    10  property was not being maintained in a manner consistent with the stand-
    11  ards set forth in New York property maintenance code chapter 3  sections
    12  301,  302  (excluding 302.2, 302.6, 302.8), 304.1, 304.3, 304.7, 304.10,
    13  304.12, 304.13, 304.15, 304.16, 307.1 and 308.1.
    14    (b) Residential real property will also be deemed vacant and abandoned
    15  if:
    16    (i) A court or other appropriate state or  local  governmental  entity
    17  has  formally  determined,  following  due notice to the borrower at the
    18  property address and any other known addresses,  that  such  residential
    19  real property is vacant and abandoned; or
    20    (ii)  Each  borrower  and  owner has separately issued a sworn written
    21  statement, expressing his or her intent to vacate and abandon the  prop-
    22  erty and an inspection of the property shows no evidence of occupancy to
    23  indicate that any persons are residing there.
    24    (c)  Evidence of lack of occupancy shall include but not be limited to
    25  the following conditions: (i) overgrown or dead vegetation; (ii) accumu-
    26  lation of newspapers, circulars, flyer or mail; (iii) past  due  utility
    27  notices,  disconnected  utilities, or utilities not in use; (iv) accumu-
    28  lation of trash, refuse or other debris; (v) absence of window coverings
    29  such as curtains, blinds, or shutters; (vi) one or more boarded, missing
    30  or broken windows; (vii) the property is open to casual entry  or  tres-
    31  pass;  or  (viii)  the  property  has a building or structure that is or
    32  appears structurally unsound or has any other condition that presents  a
    33  potential hazard or danger to the safety of persons.
    34    (d)  Residential real property will not be deemed vacant and abandoned
    35  if, on the property:
    36    (i) There is an unoccupied building that is  undergoing  construction,
    37  renovation,   or   rehabilitation   that  is  proceeding  diligently  to
    38  completion;
    39    (ii) There is a building occupied on a seasonal basis,  but  otherwise
    40  secure;
    41    (iii)  There  is  a  building  that is secure, but is the subject of a
    42  probate action, action to quiet title, or  other  ownership  dispute  of
    43  which the servicer has actual notice;
    44    (iv) There is a building damaged by a natural disaster and one or more
    45  owner intends to repair and reoccupy the property; or
    46    (v)  There  is a building occupied by the mortgagor, a relative of the
    47  mortgagor or a tenant lawfully in possession.
    48    3. In connection with an application for a judgment of foreclosure and
    49  sale on the ground that the subject property is  vacant  and  abandoned,
    50  the  court  may  require  the plaintiff or an agent to appear to provide
    51  testimony in support of the application.
    52    4. The court shall make a written finding as soon as practicable as to
    53  whether the plaintiff has proved that the property to be foreclosed upon
    54  pursuant to this section is vacant and abandoned pursuant to subdivision
    55  two of this section and, if the court determines that  the  property  is
    56  vacant  and  abandoned, it shall set forth: (a) the evidence relied upon

        A. 10741                           36

     1  by the court in finding that the property is vacant and  abandoned;  (b)
     2  the  evidence  showing that the plaintiff is the owner and holder of the
     3  subject mortgage and note, or has been delegated the authority to insti-
     4  tute  a  mortgage  foreclosure  action by the owner of same; and (c) the
     5  sums due and owing upon the subject mortgage and note after a review  of
     6  the  detailed  and itemized account of each fee, each cost, and a calcu-
     7  lation of interest accrued.
     8    5. With respect  to  foreclosure  actions  brought  pursuant  to  this
     9  section:
    10    (a)  A  judgment of foreclosure and sale shall not be entered pursuant
    11  to this section if the mortgagor or any other  defendant  has  filed  an
    12  answer,  appearance,  other  written objection that is not withdrawn, or
    13  has otherwise demonstrated  an  intention  to  contest  the  foreclosure
    14  action.
    15    (b)  A  denial  of a judgment of foreclosure and sale pursuant to this
    16  section where the court does not find that  the  mortgaged  property  is
    17  vacant  and  abandoned  shall  not  be  deemed  to  be on the merits for
    18  purposes of any other proceeding with respect to such real property.
    19    6. It shall be unlawful for a lender, assignee, mortgage  loan  servi-
    20  cer,  or a third party agent or other person acting on behalf of a lend-
    21  er, assignee or mortgage loan servicer to enter residential real proper-
    22  ty that is  not  vacant  and  abandoned  for  the  purpose  of  forcing,
    23  intimidating,  harassing  or coercing a lawful occupant of such residen-
    24  tial property to vacate that property in order to  render  the  property
    25  vacant  and  abandoned,  or  to  otherwise force, intimidate, harass, or
    26  coerce a lawful occupant of residential real  property  to  vacate  that
    27  property  so that it may be deemed vacant and abandoned, provided howev-
    28  er, a lender, assignee, mortgage loan servicer, or a third  party  agent
    29  or  other person acting on behalf of a lender, assignee or mortgage loan
    30  servicer who peacefully enters a vacant and abandoned property in  order
    31  to render the property vacant and abandoned shall be immune from liabil-
    32  ity  when  such  lender,  assignee,  mortgage loan servicer, third party
    33  agent or other person acting on behalf of a lender, assignee or mortgage
    34  loan servicer is making reasonable efforts to comply with this section.
    35    7. The chief administrative judge of the courts shall adopt such rules
    36  as he or she deems necessary to expeditiously implement  the  provisions
    37  of this section.
    38    §  1310. Vacant and abandoned property; statewide vacant and abandoned
    39  property electronic registry. 1. The department  of  financial  services
    40  shall maintain a statewide vacant and abandoned property registry in the
    41  form  of  an  electronic  database. The department of financial services
    42  may, in accordance with the applicable provisions of the  state  finance
    43  law,  retain  a  private  contractor to administer such database for the
    44  purposes of satisfying this requirement.   The information  provided  to
    45  the  department  of financial services pursuant to this section shall be
    46  deemed and treated confidential, provided however, the superintendent of
    47  financial services, in her or  his  sole  discretion,  may  release  the
    48  information  if  it  is  in  the  best  interest of the public. Any such
    49  released information shall continue to be treated confidentially by  the
    50  parties.  The  department  of  financial  services  shall,  upon written
    51  request, provide public officials of any state district,  county,  city,
    52  town or village with access to information specific to such public offi-
    53  cial's  district, county, city, town or village maintained on such data-
    54  base to further the purposes of this section, section  thirteen  hundred
    55  seven  of  this  article  or  article nineteen-A of this chapter, or any
    56  other related law, code, rule, regulation or ordinance.

        A. 10741                           37
 
     1    2. A lender, assignee or mortgage loan servicer shall submit or  cause
     2  to  be  submitted  to  the  department of financial services information
     3  required by the superintendent of financial services  about  any  vacant
     4  and  abandoned  residential  real  property,  as that term is defined in
     5  subdivision  two of section thirteen hundred nine of this article, or as
     6  the superintendent of financial services may otherwise define that term,
     7  within twenty-one business days of when the lender, assignee or mortgage
     8  loan servicer learns, or should have  learned,  that  such  property  is
     9  vacant  and  abandoned.  Such  information shall, at a minimum, include:
    10  (a) the current name, address and contact information  for  the  lender,
    11  assignee  or  mortgage  loan  servicer  responsible  for maintaining the
    12  vacant property; (b) whether a foreclosure action has been filed for the
    13  property in question, and, if so, the  date  on  which  the  foreclosure
    14  action  was commenced; and (c) the last known address and contact infor-
    15  mation for the mortgagor(s) of record.
    16    3. Where any of the information contained in a lender's, assignee's or
    17  mortgage loan servicer's initial submission to the  registry  has  mate-
    18  rially  changed since such submission, such lender, assignee or mortgage
    19  loan servicer shall make an amended submission to the registry not later
    20  than thirty days after the lender, assignee or  mortgage  loan  servicer
    21  learns,  or reasonably should have learned, of the new or changed infor-
    22  mation.
    23    4. The department of financial services is authorized and empowered to
    24  adopt such rules and regulations as may in the judgment  of  the  super-
    25  intendent  of  financial  services  necessary for the effective adminis-
    26  tration and operation of such registry, including  but  not  limited  to
    27  rules  and  regulations  governing access to the registry and specifying
    28  the manner and frequency of registration and the information  that  must
    29  be  provided.    The superintendent of financial services may amend such
    30  regulations from time to time as necessary to effectuate the purpose  of
    31  this section and section thirteen hundred seven of this article.
    32    5. The department of financial services shall establish and maintain a
    33  toll-free hotline that neighbors of real property that is, or appears to
    34  be,  vacant  and  abandoned  residential  real property, as such term is
    35  defined in subdivision two of section  thirteen  hundred  nine  of  this
    36  article,  and  other community residents can use to report to the super-
    37  intendent of financial services any hazards, blight  or  other  concerns
    38  related  to  such  property.  The department of financial services shall
    39  include on its official public website information about such  toll-free
    40  hotline.
    41    No local law, ordinance, or resolution shall impose a duty to register
    42  vacant  and  abandoned  property  as defined in section thirteen hundred
    43  nine of the article in a manner inconsistent with the provisions of this
    44  section that are related to registration as provided under section thir-
    45  teen hundred ten of this article or establish related penalties or other
    46  monetary obligation, with respect to  a  state  or  federally  chartered
    47  bank,  savings  bank,  savings and loan association or credit union that
    48  originates, owns, services or maintains a mortgage related to such prop-
    49  erty.
    50    No local law, ordinance, or resolution shall impose a duty to maintain
    51  vacant and abandoned property upon  any  state  or  federally  chartered
    52  bank,  savings  bank,  savings and loan association or credit union that
    53  originates, owns, services or maintains a mortgage related to such prop-
    54  erty for which the provisions of this section, pursuant to  the  opening
    55  paragraph  of  section  thirteen  hundred  eight of this article, do not
    56  apply.

        A. 10741                           38
 
     1    § 5. Subdivision 3 of section 1303 of the real  property  actions  and
     2  proceedings  law,  as  amended by chapter 507 of the laws of 2009 and as
     3  further amended by section 104 of part A of chapter 62 of  the  laws  of
     4  2011, is amended and a new subdivision 3-a is added to read as follows:
     5    3.  The  notice to any mortgagor required by paragraph (a) of subdivi-
     6  sion one of this section shall appear as follows:
     7                     Help for Homeowners in Foreclosure
     8    New York State Law requires that we send you  this  notice  about  the
     9  foreclosure process. Please read it carefully.
    10  Summons and Complaint
    11    You  are  in danger of losing your home. If you fail to respond to the
    12  summons and complaint in this foreclosure  action,  you  may  lose  your
    13  home.  Please read the summons and complaint carefully. You should imme-
    14  diately contact an attorney or your local legal  aid  office  to  obtain
    15  advice on how to protect yourself.
    16  Sources of Information and Assistance
    17    The  State  encourages  you  to  become informed about your options in
    18  foreclosure. In addition to seeking assistance from an attorney or legal
    19  aid office, there are government agencies and  non-profit  organizations
    20  that  you  may contact for information about possible options, including
    21  trying to work with your lender during this process.
    22    To locate an entity near you, you  may  call  the  toll-free  helpline
    23  maintained  by  the  New  York State Department of Financial Services at
    24  (enter number) or visit the Department's website at (enter web address).
    25    Rights and Obligations
    26  YOU ARE NOT REQUIRED TO LEAVE YOUR HOME AT THIS TIME. You have the right
    27  to stay in your  home  during  the  foreclosure  process.  You  are  not
    28  required  to  leave  your home unless and until your property is sold at
    29  auction pursuant to a judgment of foreclosure and sale.
    30  Regardless of whether you  choose  to  remain  in  your  home,  YOU  ARE
    31  REQUIRED TO TAKE CARE OF YOUR PROPERTY and pay property taxes in accord-
    32  ance with state and local law.
    33  Foreclosure rescue scams
    34    Be careful of people who approach you with offers to "save" your home.
    35  There  are  individuals  who watch for notices of foreclosure actions in
    36  order to unfairly profit from a  homeowner's  distress.  You  should  be
    37  extremely  careful  about any such promises and any suggestions that you
    38  pay them a fee or sign over your deed. State law requires anyone  offer-
    39  ing  such  services  for  profit  to  enter  into a contract which fully
    40  describes the services they will perform and fees they will charge,  and
    41  which  prohibits  them  from  taking  any money from you until they have
    42  completed all such promised services.
    43    3-a. No later than sixty days after the effective date of this  subdi-
    44  vision,  the  department  of financial services shall publish a Consumer
    45  Bill Of Rights, in  consultation  with  all  stakeholders,  which  shall
    46  detail the rights and responsibilities of the plaintiff and defendant in
    47  a  foreclosure  proceeding.  Such  Bill of Rights shall be updated on an
    48  annual basis and as appropriate.
    49    § 6. Section 1304 of the real property actions and proceedings law, as
    50  added by chapter 472 of the laws of 2008, subdivision 1 as  amended  and
    51  subdivision  6 as added by chapter 155 of the laws of 2012, and subdivi-
    52  sions 2 and 5 as amended by chapter 507 of the laws of 2009, and  subdi-
    53  vision  2  as  further amended by section 104 of part A of chapter 62 of
    54  the laws of 2011, is amended to read as follows:
    55    §  1304.  Required  prior  notices.    1.  Notwithstanding  any  other
    56  provision  of  law,  with  regard  to  a home loan, at least ninety days

        A. 10741                           39
 
     1  before a lender, an assignee or a mortgage loan servicer commences legal
     2  action against the borrower, or borrowers at the  property  address  and
     3  any  other address of record, including mortgage foreclosure, such lend-
     4  er, assignee or mortgage loan servicer shall give notice to the borrower
     5  in at least fourteen-point type which shall include the following:
     6                "YOU [COULD LOSE YOUR HOME] MAY BE AT RISK OF
     7          FORECLOSURE. PLEASE READ THE FOLLOWING NOTICE CAREFULLY"
     8    "As  of  ___, your home loan is ___ days and       dollars in default.
     9  Under New York State Law, we are required to send  you  this  notice  to
    10  inform  you that you are at risk of losing your home. [You can cure this
    11  default by making the payment of _____ dollars by ____.]
    12    [If you are experiencing financial difficulty, you  should  know  that
    13  there  are  several options available to you that may help you keep your
    14  home.] Attached to this notice is a list of government approved  housing
    15  counseling  agencies  in your area which provide free [or very low-cost]
    16  counseling. [You should consider contacting one of these agencies  imme-
    17  diately.  These agencies specialize in helping homeowners who are facing
    18  financial difficulty. Housing counselors can help you assess your finan-
    19  cial condition and work with us to explore the possibility of  modifying
    20  your  loan, establishing an easier payment plan for you, or even working
    21  out a period of loan forbearance.] You can also call the NYS  Office  of
    22  the  Attorney  General's  Homeowner  Protection Program (HOPP) toll-free
    23  consumer hotline to be connected to free housing counseling services  in
    24  your  area at 1-855-HOME-456 (1-855-466-3456), or visit their website at
    25  http://www.aghomehelp.com/. A statewide listing by county is also avail-
    26  able at http://www.dfs.ny.gov/consumer/mortg  nys  np  counseling  agen-
    27  cies.htm.  Qualified  free help is available; watch out for companies or
    28  people who charge a fee for these services.
    29    Housing counselors from New York-based agencies listed on the  website
    30  above  are  trained  to  help  homeowners who are having problems making
    31  their mortgage payments and can help you find the best option  for  your
    32  situation.  If  you wish, you may also contact us directly at __________
    33  and ask to discuss possible options.
    34    While we cannot assure that a mutually agreeable resolution is  possi-
    35  ble, we encourage you to take immediate steps to try to achieve a resol-
    36  ution.  The longer you wait, the fewer options you may have.
    37    If  [this  matter  is  not resolved] you have not taken any actions to
    38  resolve this matter within 90 days from the date this notice was mailed,
    39  we may commence legal action against you (or sooner if you cease to live
    40  in the dwelling as your primary residence.)
    41    If you need further  information,  please  call  the  New  York  State
    42  Department of Financial Services' toll-free helpline at (show number) or
    43  visit the Department's website at (show web address)["].
    44    IMPORTANT: You have the right to remain in your home until you receive
    45  a court order telling you to leave the property. If a foreclosure action
    46  is filed against you in court, you still have the right to remain in the
    47  home  until a court orders you to leave. You legally remain the owner of
    48  and are responsible for the property until the property is sold  by  you
    49  or  by  order  of  the  court  at  the  conclusion  of  any  foreclosure
    50  proceedings. This notice is not an eviction notice,  and  a  foreclosure
    51  action has not yet been commenced against you.
    52    2.  Such  notice  shall  be  sent  by such lender, assignee (including
    53  purchasing investor) or mortgage  loan  servicer  to  the  borrower,  by
    54  registered  or  certified  mail and also by first-class mail to the last
    55  known address of the borrower, and [if different,] to the residence that
    56  is the subject of the mortgage. Such notice shall be sent by the lender,

        A. 10741                           40
 
     1  assignee or mortgage loan servicer in a separate envelope from any other
     2  mailing or notice. Notice is considered given  as  of  the  date  it  is
     3  mailed. The notice shall contain a current list of at least five housing
     4  counseling agencies [as designated by the division of housing and commu-
     5  nity  renewal, that serve the region where the borrower resides] serving
     6  the county where the property is located from the  most  recent  listing
     7  available  from department of financial services. The list shall include
     8  the counseling agencies' last known addresses and telephone numbers. The
     9  department of financial services [and the division of housing and commu-
    10  nity renewal] shall make available on [their respective] its websites  a
    11  listing,  by  [region] county, of such agencies. The lender, assignee or
    12  mortgage loan servicer shall use [either of these] such  lists  to  meet
    13  the requirements of this section.
    14    3. The ninety day period specified in the notice contained in subdivi-
    15  sion  one  of  this section shall not apply, or shall cease to apply, if
    16  the borrower has filed [an application for the adjustment  of  debts  of
    17  the  borrower  or  an  order  for relief from the payment of debts,] for
    18  bankruptcy protection under federal law, or if the  borrower  no  longer
    19  occupies  the  residence  as  the borrower's principal dwelling. Nothing
    20  herein shall relieve the lender, assignee or mortgage loan  servicer  of
    21  the  obligation  to  send such notice, which notice shall be a condition
    22  precedent to commencing a foreclosure proceeding.
    23    4. The notice and the ninety day period required by subdivision one of
    24  this section need only be provided once in a twelve month period to  the
    25  same  borrower  in  connection  with the same loan and same delinquency.
    26  Should a borrower cure a delinquency but re-default in the  same  twelve
    27  month  period,  the  lender  shall provide a new notice pursuant to this
    28  section.
    29    5. For any borrower known to have  limited  English  proficiency,  the
    30  notice  required  by  subdivision  one  of  this section shall be in the
    31  borrower's native language (or a  language  in  which  the  borrower  is
    32  proficient),  provided  that  the language is one of the six most common
    33  non-English languages spoken by individuals with limited English  profi-
    34  ciency in the state of New York, based on United States census data. The
    35  department  of  financial  services  shall  post  the notice required by
    36  subdivision one of this section on its website in the  six  most  common
    37  non-English  languages spoken by individuals with limited English profi-
    38  ciency in the state of New York, based on the United States census data.
    39    6. (a) "Home loan" means a loan, including an  open-end  credit  plan,
    40  other than a reverse mortgage transaction, in which:
    41    (i) The borrower is a natural person;
    42    (ii)  The  debt  is  incurred  by the borrower primarily for personal,
    43  family, or household purposes;
    44    (iii) The loan is secured by a mortgage  or  deed  of  trust  on  real
    45  estate improved by a one to four family dwelling, or a condominium unit,
    46  in  either  case,  used  or occupied, or intended to be used or occupied
    47  wholly or partly, as the home or residence of one or  more  persons  and
    48  which is or will be occupied by the borrower as the borrower's principal
    49  dwelling; and
    50    (iv) The property is located in this state.
    51    (b)  "Lender"  means  a mortgage banker as defined in paragraph (f) of
    52  subdivision one of section five hundred ninety of the banking law or  an
    53  exempt  organization  as  defined in paragraph (e) of subdivision one of
    54  section five hundred ninety of the banking law.
    55    [6.] 7. The department of financial services shall prescribe the tele-
    56  phone number and web address to be included in the notice.

        A. 10741                           41
 
     1    § 7. Subdivisions 1, 2, 5 and 6 of section 1304 of the  real  property
     2  actions  and proceedings law, subdivision 1 as amended and subdivision 6
     3  as added by chapter 155 of the laws of 2012, and subdivisions 2 and 5 as
     4  added by chapter 472 of the laws of 2008, subdivision  2  and  paragraph
     5  (f)  of  subdivision  5  as  further amended by section 104 of part A of
     6  chapter 62 of the laws of 2011, are amended to read as follows:
     7    1. Notwithstanding any other provision of law, with regard to a  high-
     8  cost  home loan, as such term is defined in section six-l of the banking
     9  law, a subprime home loan or a non-traditional home loan, at least nine-
    10  ty days before a lender or a  mortgage  loan  servicer  commences  legal
    11  action  against the borrower, including mortgage foreclosure, the lender
    12  or mortgage loan servicer shall give notice to the  borrower(s)  at  the
    13  property  address  and any other address of record in at least fourteen-
    14  point type which shall include the following:
    15                "YOU [COULD LOSE YOUR HOME] MAY BE AT RISK OF
    16          FORECLOSURE. PLEASE READ THE FOLLOWING NOTICE CAREFULLY"
    17    "As of ___, your home loan is ___ days and        dollars in  default.
    18  Under  New  York  State  Law, we are required to send you this notice to
    19  inform you that you are at risk of losing your home. [You can cure  this
    20  default  by  making  the payment of _____ dollars by ____.] There may be
    21  options available to you to keep your home. This  may  include  applying
    22  for  a  loan  modification of your mortgage, or reinstating your loan by
    23  making the payment.
    24    [If you are experiencing financial difficulty, you  should  know  that
    25  there  are  several options available to you that may help you keep your
    26  home.] Attached to this notice is a list of government approved  housing
    27  counseling  agencies  in  your  area which provide free or very low-cost
    28  counseling. [You should consider contacting one of these agencies  imme-
    29  diately.  These agencies specialize in helping homeowners who are facing
    30  financial difficulty. Housing counselors can help you assess your finan-
    31  cial condition and work with us to explore the possibility of  modifying
    32  your  loan, establishing an easier payment plan for you, or even working
    33  out a period of loan forbearance.] You can also call the NYS  Office  of
    34  the  Attorney  General's  Homeowner  Protection Program (HOPP) toll-free
    35  consumer hotline to be connected to free housing counseling services  in
    36  your  area at 1-855-HOME-456 (1-855-466-3456), or visit their website at
    37  http://www.aghomehelp.com/. A statewide listing by county is also avail-
    38  able at http://www.dfs.ny.gov/consumer/mortg  nys  np  counseling  agen-
    39  cies.htm.   Qualified free help is available; watch out for companies or
    40  people who charge a fee for these services.
    41    Housing counselors from New York-based agencies listed on the  website
    42  above  are  trained  to  help  homeowners who are having problems making
    43  their mortgage payments and can help you find the best option  for  your
    44  situation.  If  you wish, you may also contact us directly at __________
    45  and ask to discuss possible options.
    46    While we cannot assure that a mutually agreeable resolution is  possi-
    47  ble, we encourage you to take immediate steps to try to achieve a resol-
    48  ution.  The longer you wait, the fewer options you may have.
    49    If  [this  matter  is  not resolved] you have not taken any actions to
    50  resolve this matter within 90 days from the date this notice was mailed,
    51  we may commence legal action against you (or sooner if you cease to live
    52  in the dwelling as your primary residence.)
    53    If you need further  information,  please  call  the  New  York  State
    54  Department of Financial Services' toll-free helpline at (show number) or
    55  visit the Department's website at (show web address)".

        A. 10741                           42
 
     1    IMPORTANT: You have the right to remain in your home until you receive
     2  a court order telling you to leave the property. If a foreclosure action
     3  is filed against you in court, you still have the right to remain in the
     4  home  until a court orders you to leave. You legally remain the owner of
     5  and  are  responsible for the property until the property is sold by you
     6  or  by  order  of  the  court  at  the  conclusion  of  any  foreclosure
     7  proceedings.  This  notice  is not an eviction notice, and a foreclosure
     8  action has not yet been commenced against you.
     9    2. Such notice shall be sent by the lender or mortgage  loan  servicer
    10  to the borrower, by registered or certified mail and also by first-class
    11  mail  to  the last known address of the borrower, and [if different,] to
    12  the residence which is the subject of the mortgage. Notice is considered
    13  given as of the date it is mailed. The notice shall  contain  a  current
    14  list  of  [at  least five] United States department of housing and urban
    15  development approved housing counseling agencies, or other housing coun-
    16  seling agencies [as designated by the division of housing and  community
    17  renewal,  that serve the region where the borrower resides.] serving the
    18  county where the property is located from the most recent listing avail-
    19  able from the department of financial services. The list  shall  include
    20  the counseling agencies' last known addresses and telephone numbers. The
    21  department  of  financial  services  [and/or the division of housing and
    22  community renewal] shall make available a listing, by  [region]  county,
    23  of  such  agencies which the lender or mortgage loan servicer may use to
    24  meet the requirements of this section.
    25    [5.] 6. (a) "Annual percentage rate" means the annual percentage  rate
    26  for  the  loan  calculated  according  to  the provisions of the Federal
    27  Truth-in-Lending Act (15 U.S.C. § 1601, et seq.),  and  the  regulations
    28  promulgated  thereunder  by  the  federal reserve board (as said act and
    29  regulations are amended from time to time).
    30    (b) "Home loan" means a home loan, including an open-end credit  plan,
    31  other than a reverse mortgage transaction, in which:
    32    (i) The principal amount of the loan at origination did not exceed the
    33  conforming  loan  size  that was in existence at the time of origination
    34  for a comparable dwelling as established by the federal  national  mort-
    35  gage association;
    36    (ii) The borrower is a natural person;
    37    (iii)  The  debt  is  incurred by the borrower primarily for personal,
    38  family, or household purposes;
    39    (iv) The loan is secured by a mortgage or deed of trust on real estate
    40  upon which there is located or there is to be  located  a  structure  or
    41  structures  intended principally for occupancy of from one to four fami-
    42  lies which is or will be occupied by  the  borrower  as  the  borrower's
    43  principal dwelling; and
    44    (v) The property is located in this state.
    45    (c)  "Subprime  home  loan"  for the purposes of this section, means a
    46  home loan consummated between January  first,  two  thousand  three  and
    47  September  first,  two  thousand  eight  in  which the terms of the loan
    48  exceed the threshold as defined in paragraph (d) of this subdivision.  A
    49  subprime  home  loan  excludes  a  transaction  to  finance  the initial
    50  construction of a dwelling, a temporary or "bridge" loan with a term  of
    51  twelve  months  or less, such as a loan to purchase a new dwelling where
    52  the borrower plans to sell a current dwelling within twelve months, or a
    53  home equity line of credit.
    54    (d) "Threshold" means, for a first  lien  mortgage  loan,  the  annual
    55  percentage  rate  of  the  home  loan at consummation of the transaction
    56  exceeds three percentage points over the yield  on  treasury  securities

        A. 10741                           43
 
     1  having  comparable  periods of maturity to the loan maturity measured as
     2  of the fifteenth day of the month in which the loan was consummated;  or
     3  for  a subordinate mortgage lien, the annual percentage rate of the home
     4  loan  at consummation of the transaction equals or exceeds five percent-
     5  age points over the yield on treasury securities having comparable peri-
     6  ods of maturity on the fifteenth day of the month in which the loan  was
     7  consummated;  as  determined by the following rules: if the terms of the
     8  home loan offer any initial  or  introductory  period,  and  the  annual
     9  percentage rate is less than that which will apply after the end of such
    10  initial  or  introductory  period,  then the annual percentage rate that
    11  shall be taken into account for purposes of this section  shall  be  the
    12  rate which applies after the initial or introductory period.
    13    (e) "Non-traditional home loan" shall mean a payment option adjustable
    14  rate  mortgage  or  an  interest  only  loan consummated between January
    15  first, two thousand three and September first, two thousand eight.
    16    (f) For purposes of  determining  the  threshold,  the  department  of
    17  financial  services  shall  publish on its website a listing of constant
    18  maturity yields for U.S. Treasury  securities  for  each  month  between
    19  January  first,  two  thousand  three  and September first, two thousand
    20  eight, as published  in  the  Federal  Reserve  Statistical  Release  on
    21  selected  interest  rates,  commonly referred to as the H.15 release, in
    22  the following maturities, to the extent available in such  release:  six
    23  month,  one year, two year, three year, five year, seven year, ten year,
    24  thirty year.
    25    (g) "Lender" means a mortgage banker as defined in  paragraph  (f)  of
    26  subdivision  one of section five hundred ninety of the banking law or an
    27  exempt organization as defined in paragraph (e) of  subdivision  one  of
    28  section five hundred ninety of the banking law.
    29    [6.] 7. The department of financial services shall prescribe the tele-
    30  phone number and web address to be included in the notice.
    31    §  8.  Subdivision  1 of section 1351 of the real property actions and
    32  proceedings law, as added by chapter 312 of the laws of 1962, is amended
    33  to read as follows:
    34    1. The judgment shall direct that the mortgaged premises, or  so  much
    35  thereof  as  may  be  sufficient  to  discharge  the  mortgage debt, the
    36  expenses of the sale and the costs of the action, and which may be  sold
    37  separately without material injury to the parties interested, be sold by
    38  or under the direction of the sheriff of the county, or a referee within
    39  ninety days of the date of the judgment.
    40    §  9.  Subdivision  1 of section 1353 of the real property actions and
    41  proceedings law, as added by chapter 312 of the laws of 1962, is amended
    42  to read as follows:
    43    1. After the property has been sold, the officer conducting  the  sale
    44  shall  execute  a  deed  to  the  purchaser. The plaintiff, or any other
    45  party, may become a purchaser.  If the plaintiff (or its  affiliate,  as
    46  defined  in  paragraph  (a)  of  subdivision one of section six-l of the
    47  banking law) is the purchaser, such party shall place the property  back
    48  on the market for sale or other occupancy: (a) within one hundred eighty
    49  days  of the execution of the deed of sale, or (b) within ninety days of
    50  completion of construction, renovation, or rehabilitation of the proper-
    51  ty, provided  that  such  construction,  renovation,  or  rehabilitation
    52  proceeded  diligently  to  completion,  whichever  comes first, provided
    53  however, a court of competent jurisdiction may grant  an  extension  for
    54  good cause.
    55    §  10.  No  local law, ordinance, or resolution shall impose a duty to
    56  maintain or register vacant and abandoned property as defined in section

        A. 10741                           44
 
     1  1309 of the real property actions and proceedings law in a manner incon-
     2  sistent with the provisions of this act that are related to  maintenance
     3  as  provided  under  subdivision 3, 4, 5, 6 and 7 of section 1308 of the
     4  real  property  actions and proceedings law, or registration as provided
     5  under section 1310 of the real property actions and proceedings law,  or
     6  establish  related  penalties or other monetary obligation, with respect
     7  to a state or federally chartered bank, savings bank, savings  and  loan
     8  association or credit union that originates, owns, services or maintains
     9  mortgages related to such property.
    10    No local law, ordinance, or resolution shall impose a duty to maintain
    11  vacant  and  abandoned  property  upon  any state or federally chartered
    12  bank, savings bank, savings and loan association or  credit  union  that
    13  originates,  owns, services or maintains mortgages related to such prop-
    14  erty for which the provisions of this act, pursuant to the opening para-
    15  graph of section 1308 of the real property actions and  proceedings  law
    16  as added by section one of this act, do not apply.
    17    §  11.  This  act  shall  take effect on the one hundred eightieth day
    18  after it shall have become a law; provided, however, that:
    19    (a) The amendments to subdivision (a) of rule 3408 of the civil  prac-
    20  tice  law  and rules made by section two of this act shall be subject to
    21  the expiration and reversion of such subdivision pursuant to chapter 507
    22  of the laws of 2009, as amended, when upon such date the  provisions  of
    23  section three of this act shall take effect; and
    24    (b)  The  amendments  to subdivisions 1, 2, 5 and 6 of section 1304 of
    25  the real property actions and proceedings law made  by  section  six  of
    26  this act shall be subject to the expiration and reversion of such subdi-
    27  visions  pursuant  to  chapter 507 of the laws of 2009, as amended, when
    28  upon such date the provisions of section seven of this  act  shall  take
    29  effect.
    30    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    31  sion,  section  or  part  of  this act shall be adjudged by any court of
    32  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    33  impair,  or  invalidate  the remainder thereof, but shall be confined in
    34  its operation to the clause, sentence, paragraph,  subdivision,  section
    35  or part thereof directly involved in the controversy in which such judg-
    36  ment shall have been rendered. It is hereby declared to be the intent of
    37  the  legislature  that  this  act  would  have been enacted even if such
    38  invalid provisions had not been included herein.
    39    § 3. This act shall take effect immediately  provided,  however,  that
    40  the  applicable effective date of Parts A through Q of this act shall be
    41  as specifically set forth in the last section of such Parts.
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