Relates to the reporting of performance metrics by the MTA of all services provided by New York city transit authority subways and Long Island rail road and Metro-North commuter railroad trains (Part A); relates to the description of the central business district (Part B); relates to the MTA's reorganization plan (Part C); relates to removing caps on automated enforcement cameras for bus lanes; bus lane photo devices (Part D); relates to the membership of the metropolitan transportation authority; one member may be the director of the division of budget (Part E); relates to switching from the STAR tax exemption to the STAR tax credit (Part G); establishes the empire state entertainment diversity job training development fund (Subpart A); and modifies the definition of a qualified film production facility (Subpart B)(Part H); exempts from tax a portion of global intangible low-taxed income (Part I); modifies the definition of vendor and marketplace provider and increases the cumulative total of a person's gross receipts from sales of property delivered in the state from three hundred thousand to one million dollars (Part J); relates to issuance of bonds and notes; relates to capital grants (Part K); extends the award dates for authorized amounts to be awarded pursuant to applications submitted in response to the request for application number 17648 to September 1, 2019 (Part L); relates to the definition of an authorized entity that may utilize design-build contracts (Part M); makes technical corrections to the "Jose Peralta New York state DREAM act" (Part N); relates to mass transit access for LaGuardia airport (Part O); limits the rate of interest on any judgment or accrued claim against the authority arising out of condemnation proceedings to six percent (Part P); relates to making certain technical corrections to chapter 36 of the laws of 2019 relating to rent control (Part Q); relates to the operational expenses of certain gaming facilities (Part R); relates to video lottery gaming in Orange county (Part S); and increases the number of supreme court judges and county court judges in certain jurisdictions (Part T).
STATE OF NEW YORK
________________________________________________________________________
6615
2019-2020 Regular Sessions
IN SENATE
June 20, 2019
___________
Introduced by Sen. KRUEGER -- (at request of the Budget Article VII) --
read twice and ordered printed, and when printed to be committed to
the Committee on Finance
AN ACT to amend the public authorities law, in relation to performance
metrics of the MTA (Part A); to amend the vehicle and traffic law, in
relation to the description of the central business district (Part B);
to amend the public authorities law, in relation to the MTA's reorgan-
ization plan (Part C); to amend the vehicle and traffic law, in
relation to removing caps on automated enforcement cameras for bus
lanes in the city of New York and creating a graduated schedule of
fines for repeat offenders and to amend part II of chapter 59 of the
laws of 2010, amending the vehicle and traffic law and the public
officers law relating to establishing a bus rapid transit demon-
stration program to restrict the use of bus lanes by means of bus lane
photo devices, in relation to the effectiveness thereof (Part D); to
amend the public authorities law, in relation to the membership of the
metropolitan transportation authority (Part E); intentionally omitted
(Part F); to amend the real property tax law and the tax law, in
relation to switching from the STAR tax exemption to the STAR tax
credit (Part G); to amend the state finance law and the tax law, in
relation to establishing the empire state entertainment diversity job
training development fund (Subpart A); and to amend the tax law, in
relation to amending the definition of a qualified film production
facility (Subpart B) (Part H); to amend the tax law, in relation to
exempting from tax a portion of global intangible low-taxed income
(Part I); to amend the tax law, in relation to the definitions of
vendor and marketplace provider (Part J); to amend chapter 329 of the
laws of 1991, amending the state finance law and other laws relating
to the establishment of the dedicated highway and bridge trust fund,
in relation to the issuance of certain bonds or notes; to amend the
public authorities law, in relation to the issuance of certain bonds
or notes; to amend the New York state urban development corporation
act, in relation to the issuance of certain bonds or notes; to amend
chapter 63 of the laws of 2005, relating to the composition and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13453-05-9
S. 6615 2
responsibilities of the New York state higher education capital match-
ing grant board, in relation to increasing the amount of authorized
matching capital grants; and to amend the private housing finance law,
in relation to housing program bonds and notes (Part K); to amend the
public health law, in relation to award dates for certain statewide II
applications (Part L); to amend the infrastructure investment act, in
relation to the definition of an authorized entity that may utilize
design-build contracts (Part M); to amend the "Jose Peralta New York
state DREAM act", in relation to making certain technical corrections
(Part N); to amend the highway law, in relation to mass transit access
for LaGuardia airport (Part O); to amend the public authorities law,
in relation to the acquisition and disposition of real property; and
providing for the repeal of such provisions upon expiration thereof
(Part P); to amend the administrative code of the city of New York, to
amend the emergency tenant protection act of nineteen seventy-four,
and to amend part C of chapter 36 of the laws of 2019, amending the
administrative code of the city of New York and the emergency tenant
protection act of nineteen seventy-four relating to vacancy of certain
housing accommodations and to amend the emergency tenant protection
act of nineteen seventy-four and the administrative code of the city
of New York relating to prohibiting a county rent guidelines board
from establishing rent adjustments for class A dwelling units based on
certain considerations, in relation to rent guidelines boards; to
amend part D of chapter 36 of the laws of 2019 amending the emergency
tenant protection act of nineteen seventy-four relating to vacancies
in certain housing accommodations, in relation to making certain tech-
nical corrections; to amend the emergency tenant protection act of
nineteen seventy-four and the administrative code of the city of New
York, in relation to vacancy decontrol; to amend the administrative
code of the city of New York, the emergency tenant protection act of
nineteen seventy-four and the emergency housing rent control law, in
relation to recovery of certain housing accommodations by a landlord;
to amend the emergency tenant protection act of nineteen seventy-four,
the administrative code of the city of New York, the emergency housing
rent control law, and to amend part K of chapter 36 of the laws of
2019, amending the emergency tenant protection act of nineteen seven-
ty-four and other laws, relating to a temporary increase in rent in
certain cases, in relation to rent increases in certain cases; to
amend the public housing law, in relation to annual reports by the
state commissioner of housing and community renewal; to amend the real
property law, in relation to notices required to tenants; to amend
part M of chapter 36 of the laws of 2019, amending the real property
law, and other laws, relating to enacting the "statewide housing secu-
rity and tenant protection act of 2019", in relation to the effective-
ness of certain provisions thereof; to amend the real property law, in
relation to the content of rent-to-own contracts pertaining to manu-
factured or mobile homes; to amend the emergency housing rent control
law, in relation to adjustments of maximum rent; and to repeal certain
provisions of the emergency housing rent control law and the adminis-
trative code of the city of New York relating to vacancy decontrol
(Part Q); to amend the tax law, in relation to operational expenses of
certain gaming facilities (Part R); to amend the tax law and the state
finance law, in relation to video lottery gaming in Orange county
(Part S); and to amend the judiciary law, in relation to increasing
the number of supreme court judges and county court judges in certain
jurisdictions (Part T)
S. 6615 3
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 Each component is wholly contained within a Part identified as Parts A
3 through T. The effective date for each particular provision contained
4 within such Part is set forth in the last section of such Part. Any
5 provision in any section contained within a Part, including the effec-
6 tive date of the Part, which makes a reference to a section "of this
7 act", when used in connection with that particular component, shall be
8 deemed to mean and refer to the corresponding section of the Part in
9 which it is found. Section three of this act sets forth the general
10 effective date of this act.
11 PART A
12 Section 1. Section 1276-f of the public authorities law, as added by
13 section 2 of subpart D of part ZZZ of chapter 59 of the laws of 2019, is
14 amended to read as follows:
15 § 1276-f. Metropolitan transportation authority transit performance
16 metrics. 1. Definitions. For the purposes of this section, the following
17 terms shall have the following meanings:
18 (a) "additional platform time" means for the subways the average added
19 time that customers spend waiting on the platform for a train, compared
20 with their scheduled wait time.
21 (b) "additional train time" means for the subways the average addi-
22 tional time customers spend onboard the train [due to various service
23 issues], compared with their scheduled on-train time.
24 (c) "customer journey time performance" means for the subways the
25 percentage of customer trips with an estimated total travel time within
26 [two] five minutes of the scheduled total travel time.
27 (d) "elevator availability" means percentage of facilities that
28 require the use of stairs and have an operational elevator.
29 (e) "escalator availability" means percentage of facilities that
30 require the use of stairs and have an operational escalator.
31 (f) ["excess] "additional journey time" means for the subways compar-
32 ison of measured or estimated actual journey time compared to [scheduled
33 and standard journey times] schedule.
34 (g) "journey time [metric]" means [the times of each component of a
35 trip including access, egress, interchange, time in queue for tickets,]
36 for the subways time on platform and the time on train. Journey time is
37 calculated as either actual journey times that customers experience, or
38 as scheduled journey times. Journey time and its components may be based
39 on a manual or an automatically generated sample.
40 (h) "major incidents" mean (1) for the subway incidents that delay
41 [twenty] fifty or more trains where a train is considered delayed if it
42 is more than five minutes late or skips planned stops, and (2) for the
43 commuter railroads incidents that delay ten or more trains greater than
44 five minutes and fifty-nine seconds.
45 (i) "[staff hours] lost [to] time accidents" means [staff hours lost
46 due to accidents or illegal activity per billion passenger journeys] a
47 job related incident that results in the inability of an employee to
48 perform full job duties for at least one working day beyond the day of
49 the incident. Rates are based on lost time accidents per one hundred
50 employees.
S. 6615 4
1 (j) ["standard journey time" means the ideal journey time calculated
2 by the metropolitan transportation authority for a particular journey]
3 "employees' lost time days" means for the commuter railroads the total
4 number of calendar days employees' treating medical professionals have
5 determined that they cannot work due to an occupation injury or illness.
6 (k) "employee lost time rate" means for the commuter railroads the
7 number of occupational injuries or illnesses per two hundred thousand
8 employee hours worked.
9 [(k)] (l) "terminal on-time performance" means (1) for the subways the
10 percentage of trains arriving at their destination terminals as sched-
11 uled[. A] with a train [may be] counted as on-time if it arrives at its
12 destination early, on time, or no more than [two] five minutes late, and
13 has not skipped any planned stops, and (2) for the commuter railroads
14 the percentage of trains arriving at their final destination terminals
15 as scheduled with a train counted as on-time if it arrives at its desti-
16 nation early, on-time or no more than five minutes and fifty-nine
17 seconds late. Provided that the percentage of trains not arriving at
18 their final destinations shall include unscheduled cancellations.
19 (m) "additional data" means (1) for the subways the percentage of
20 trains arriving at their scheduled terminals between four and five
21 minutes after their scheduled arrival time; (2) for the commuter rail-
22 roads the percentage of trains arriving at their scheduled terminals
23 between four and five minutes and fifty-nine seconds after their sched-
24 uled arrival time; and (3) for commuter rails the percentage of
25 cancelled trains.
26 2. Reporting. The [metropolitan transportation] authority shall take
27 all practicable measures to collect, compile and publish meaningful and
28 informative performance metrics [of] for all [services] customer trips
29 provided by the New York city transit authority subways, [long island
30 railroad] Long Island rail road and [metro-north] Metro-North commuter
31 railroad on a [weekly] monthly basis including all applicable perform-
32 ance metrics as defined in subdivision one of this section. [These
33 metrics shall include but not be limited to:
34 (a) additional platform time;
35 (b) additional train time;
36 (c) customer journey time performance;
37 (d) elevator availability;
38 (e) escalator availability;
39 (f) excess journey time;
40 (g) journey time metric;
41 (h) major incidents metric;
42 (i) staff hours lost to accidents; and
43 (j) terminal on-time performance.] If the authority cannot practicably
44 collect and compile any such performance metric for a customer trip
45 type, it may, subject to the approval by the chairman of the metropol-
46 itan transportation authority, substitute an equivalent performance
47 metric based on international public transport benchmarking and best
48 practices that comparably measures system performance and service deliv-
49 ery.
50 3. International benchmarking. (a) The authority shall publish an
51 annual report presenting the authority's performance in comparison with
52 other [metros who are members of the community of metros known as CoMET]
53 national and international peer agencies. This report shall include, but
54 not be limited to, the following metrics:
55 (i) total operating cost per car per mile;
56 (ii) maintenance cost per car per [km] mile;
S. 6615 5
1 (iii) passenger journeys per total staff and contractor hours; and
2 (iv) staff hours lost to accidents.
3 (b) The authority shall also provide an annual implementation report
4 to the governor, the temporary president of the senate, the speaker of
5 the assembly, the minority leader of the assembly and senate, and the
6 chairs and ranking members of the transportation and corporations,
7 authorities and commissions committees on or before [December] January
8 thirty-first every year, and publish such report on its website.
9 § 2. This act shall take effect on the same date and in the same
10 manner as section 2 of subpart D of part ZZZ of chapter 59 of the laws
11 of 2019, takes effect.
12 PART B
13 Section 1. Subdivision 2 of section 1704 of the vehicle and traffic
14 law, as added by section 1 of subpart A of part ZZZ of chapter 59 of the
15 laws of 2019, is amended to read as follows:
16 2. The central business district tolling program will operate in the
17 central business district. The central business district shall include
18 [any roadways, bridges, tunnels, approaches or ramps that are located
19 within, or enter into,] the geographic area in the borough of Manhattan
20 south of and inclusive of sixtieth street to the extent practicable but
21 shall not include the FDR Drive, and New York state route 9A otherwise
22 known as the "West Side highway" including the Battery Park underpass
23 and any surface roadway portion of the Hugh L. Carey Tunnel connecting
24 to West St. The boundaries of the central business district shall not be
25 modified, expanded, or reduced and shall incorporate the outer bounds of
26 the aforementioned district to the extent practicable.
27 § 2. This act shall take effect on the same date and in the same
28 manner as section 1 of subpart A of part ZZZ of chapter 59 of the laws
29 of 2019, takes effect.
30 PART C
31 Section 1. Subdivision 1 of section 1279-e of the public authorities
32 law, as added by section 1 of subpart B of part ZZZ of chapter 59 of the
33 laws of 2019, is amended to read as follows:
34 1. (a) Notwithstanding any provision of this title or any other
35 provision of law, general, special or local, the authority shall develop
36 and complete a personnel and reorganization plan no later than June
37 thirtieth, two thousand nineteen which shall, in whole or in part,
38 assign, transfer, share, or consolidate any one or more of its powers,
39 duties, functions or activities or any department, division or office
40 established therewith, or any of those of its subsidiaries, or affil-
41 iates or their subsidiaries, within or between itself, its subsidiaries
42 or affiliates or their subsidiaries, including, but not limited to the
43 New York City Transit Authority, the Long Island Rail Road, the Metro
44 North Commuter Railroad Company, MTA Capital Construction, MTA New York
45 City Bus, Triborough bridge and tunnel authority, and the MTA Staten
46 Island Railway, in a manner consistent with the provisions of this
47 section. Such plan shall identify common functions and assign, transfer,
48 share or consolidate, in whole or in part, such functions between the
49 authority and its subsidiaries, affiliates and subsidiaries of affil-
50 iates and shall be accompanied by an independent evaluation of existing
51 personnel within or between itself, its subsidiaries, or affiliates or
52 their subsidiaries in coordination with the authority's senior manage-
S. 6615 6
1 ment. This plan shall be approved by the board of the authority by July
2 thirtieth, two thousand nineteen. Upon such approval, the board shall
3 also appoint a director of MTA transformation whose responsibilities
4 shall include implementing the personnel and reorganization plan and
5 reporting directly to the board regarding the director's activities.
6 (b) Upon receipt of the review pursuant to section twelve hundred
7 seventy-nine-f of this title the authority shall revise the personnel
8 and reorganization plan to consider and incorporate the findings of such
9 review within ninety days of receipt. Such revised personnel and reor-
10 ganization plan shall be approved by the board of the authority.
11 § 2. This act shall take effect immediately; and shall be deemed to
12 have been in full force and effect on the same date and in the same
13 manner as subpart B of part ZZZ of chapter 59 of the laws of 2019 took
14 effect.
15 PART D
16 Section 1. Paragraph 4 of subdivision (a), paragraph 5 of subdivision
17 (c) and subdivisions (e) and (m) of section 1111-c of the vehicle and
18 traffic law, as amended and subdivision (m) as added by section 6 of
19 part NNN of chapter 59 of the laws of 2018, are amended to read as
20 follows:
21 4. Within the city of New York, such bus lane photo devices [shall]
22 may only be operated on designated bus lanes [within the bus rapid tran-
23 sit program and only from 6:00 a.m. to 10:00 p.m.]. Warning notices of
24 violation be issued during the first sixty days that bus lane photo
25 devices are operated on each route in the bus rapid transit program that
26 is established after June fifteenth, two thousand fifteen.
27 5. "bus rapid transit program" shall mean [up to ten] routes desig-
28 nated by the New York city department of transportation in consultation
29 with the applicable mass transit agency, in addition to the Bus Rapid
30 Transit Phase I plan routes, that operate on designated bus lanes and
31 that may include upgraded signage, enhanced road markings, minimum bus
32 stop spacing, off-board fare payment, traffic signal priority for buses,
33 and any other enhancement that increases bus speed or reliability.
34 (e) An owner liable for a violation of a bus lane restriction imposed
35 on any route within a bus rapid transit program shall be liable for
36 monetary penalties in accordance with a schedule of fines and penalties
37 promulgated by the parking violations bureau of the city of New York;
38 provided, however, that the monetary penalty for violating a bus lane
39 restriction shall not exceed [one hundred fifteen] fifty dollars, one
40 hundred dollars for a second offense within a twelve-month period, one
41 hundred fifty dollars for a third offense within a twelve-month period,
42 two hundred dollars for a fourth offense within a twelve-month period,
43 and two hundred fifty dollars for each subsequent offense within a
44 twelve-month period; provided, further, that an owner shall be liable
45 for an additional penalty not to exceed twenty-five dollars for each
46 violation for the failure to respond to a notice of liability within the
47 prescribed time period.
48 (m) Any revenue from fines and penalties collected pursuant to this
49 section from any mobile bus lane photo devices [that were authorized to
50 be installed pursuant to a chapter of the laws of two thousand eighteen
51 that added this subdivision], not including any revenue shared with the
52 city of New York pursuant to agreement shall be remitted by the city of
53 New York to the applicable mass transit agency on a quarterly basis to
54 be deposited in the general transportation account of the New York city
S. 6615 7
1 transportation assistance fund established pursuant to section twelve
2 hundred seventy-i of the public authorities law.
3 § 2. The opening paragraph of section 14 of part II of chapter 59 of
4 the laws of 2010, amending the vehicle and traffic law and the public
5 officers law relating to establishing a bus rapid transit demonstration
6 program to restrict the use of bus lanes by means of bus lane photo
7 devices, as amended by chapter 239 of the laws of 2015, is amended to
8 read as follows:
9 This act shall take effect on the ninetieth day after it shall have
10 become a law and shall expire [10] 15 years after such effective date
11 when upon such date the provisions of this act shall be deemed repealed;
12 and provided that any rules and regulations related to this act shall be
13 promulgated on or before such effective date, provided that:
14 § 3. This act shall take effect immediately; provided that the amend-
15 ments to section 1111-c of the vehicle and traffic law made by section
16 one of this act shall not affect the repeal of such section and shall be
17 deemed repealed therewith. Effective immediately, the addition, amend-
18 ment and/or repeal of any rule or regulation necessary for the implemen-
19 tation of this act on its effective date are authorized and directed to
20 be made and completed on or before such effective date.
21 PART E
22 Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
23 1263 of the public authorities law, as amended by section 3 of part H of
24 chapter 25 of the laws of 2009, is amended to read as follows:
25 (1) There is hereby created the "metropolitan transportation authori-
26 ty." The authority shall be a body corporate and politic constituting a
27 public benefit corporation. The authority shall consist of a chairman,
28 sixteen other voting members, and two non-voting and four alternate
29 non-voting members, as described in subparagraph two of this paragraph
30 appointed by the governor by and with the advice and consent of the
31 senate. Any member appointed to a term commencing on or after June thir-
32 tieth, two thousand nine shall have experience in one or more of the
33 following areas: transportation, public administration, business manage-
34 ment, finance, accounting, law, engineering, land use, urban and
35 regional planning, management of large capital projects, labor
36 relations, or have experience in some other area of activity central to
37 the mission of the authority. Four of the sixteen voting members other
38 than the chairman shall be appointed on the written recommendation of
39 the mayor of the city of New York; and each of seven other voting
40 members other than the chairman shall be appointed after selection from
41 a written list of three recommendations from the chief executive officer
42 of the county in which the particular member is required to reside
43 pursuant to the provisions of this subdivision. Of the members appointed
44 on recommendation of the chief executive officer of a county, one such
45 member shall be, at the time of appointment, a resident of the county of
46 Nassau, one a resident of the county of Suffolk, one a resident of the
47 county of Westchester, one a resident of the county of Dutchess, one a
48 resident of the county of Orange, one a resident of the county of Putnam
49 and one a resident of the county of Rockland, provided that the term of
50 any member who is a resident of a county that has withdrawn from the
51 metropolitan commuter transportation district pursuant to section twelve
52 hundred seventy-nine-b of this [article] title shall terminate upon the
53 effective date of such county's withdrawal from such district. Of the
54 five voting members, other than the chairman, appointed by the governor
S. 6615 8
1 without recommendation from any other person, three shall be, at the
2 time of appointment, residents of the city of New York and two shall be,
3 at the time of appointment, residents of such city or of any of the
4 aforementioned counties in the metropolitan commuter transportation
5 district. Provided however, notwithstanding the foregoing residency
6 requirement, one of the five voting members appointed by the governor
7 without recommendation from any other person, other than the chairman,
8 may be the director of the New York state division of the budget, and
9 provided further that, in the event of such appointment, the budget
10 director's membership in the authority shall be deemed ex-officio. The
11 chairman and each of the members shall be appointed for a term of six
12 years, provided however, that the chairman first appointed shall serve
13 for a term ending June thirtieth, nineteen hundred eighty-one, provided
14 that thirty days after the effective date of the chapter of the laws of
15 two thousand nine which amended this subparagraph, the term of the
16 chairman shall expire; provided, further, that such chairman may contin-
17 ue to discharge the duties of his or her office until the position of
18 chairman is filled by appointment by the governor upon the advice and
19 consent of the senate and the term of such new chairman shall terminate
20 June thirtieth, two thousand fifteen. The sixteen other members first
21 appointed shall serve for the following terms: The members from the
22 counties of Nassau and Westchester shall each serve for a term ending
23 June thirtieth, nineteen hundred eighty-five; the members from the coun-
24 ty of Suffolk and from the counties of Dutchess, Orange, Putnam and
25 Rockland shall each serve for a term ending June thirtieth, nineteen
26 hundred ninety-two; two of the members appointed on recommendation of
27 the mayor of the city of New York shall each serve for a term ending
28 June thirtieth, nineteen hundred eighty-four and, two shall each serve
29 for a term ending June thirtieth, nineteen hundred eighty-one; two of
30 the members appointed by the governor without the recommendation of any
31 other person shall each serve for a term ending June thirtieth, nineteen
32 hundred eighty-two, two shall each serve for a term ending June thirti-
33 eth, nineteen hundred eighty and one shall serve for a term ending June
34 thirtieth, nineteen hundred eighty-five. The two non-voting and four
35 alternate non-voting members shall serve until January first, two thou-
36 sand one. The members from the counties of Dutchess, Orange, Putnam and
37 Rockland shall cast one collective vote.
38 § 2. Paragraph (a) of subdivision 1 of section 1263 of the public
39 authorities law, as amended by section 4 of part H of chapter 25 of the
40 laws of 2009, is amended to read as follows:
41 (a) There is hereby created the "metropolitan transportation authori-
42 ty." The authority shall be a body corporate and politic constituting a
43 public benefit corporation. The authority shall consist of a chairman
44 and sixteen other members appointed by the governor by and with the
45 advice and consent of the senate. Any member appointed to a term
46 commencing on or after June thirtieth, two thousand nine shall have
47 experience in one or more of the following areas of expertise: trans-
48 portation, public administration, business management, finance, account-
49 ing, law, engineering, land use, urban and regional planning, management
50 of large capital projects, labor relations, or have experience in some
51 other area of activity central to the mission of the authority. Four of
52 the sixteen members other than the chairman shall be appointed on the
53 written recommendation of the mayor of the city of New York; and each of
54 seven other members other than the chairman shall be appointed after
55 selection from a written list of three recommendations from the chief
56 executive officer of the county in which the particular member is
S. 6615 9
1 required to reside pursuant to the provisions of this subdivision. Of
2 the members appointed on recommendation of the chief executive officer
3 of a county, one such member shall be, at the time of appointment, a
4 resident of the county of Nassau; one a resident of the county of
5 Suffolk; one a resident of the county of Westchester; and one a resident
6 of the county of Dutchess, one a resident of the county of Orange, one a
7 resident of the county of Putnam and one a resident of the county of
8 Rockland, provided that the term of any member who is a resident of a
9 county that has withdrawn from the metropolitan commuter transportation
10 district pursuant to section twelve hundred seventy-nine-b of this
11 [article] title shall terminate upon the effective date of such county's
12 withdrawal from such district. Of the five members, other than the
13 chairman, appointed by the governor without recommendation from any
14 other person, three shall be, at the time of appointment, residents of
15 the city of New York and two shall be, at the time of appointment, resi-
16 dents of such city or of any of the aforementioned counties in the
17 metropolitan commuter transportation district. Provided however,
18 notwithstanding the foregoing residency requirement, one of the five
19 voting members appointed by the governor without recommendation from any
20 other person, other than the chairman, may be the director of the New
21 York state division of the budget, and provided further that, in the
22 event of such appointment, the budget director's membership in the
23 authority shall be deemed ex-officio. The chairman and each of the
24 members shall be appointed for a term of six years, provided however,
25 that the chairman first appointed shall serve for a term ending June
26 thirtieth, nineteen hundred eighty-one, provided that thirty days after
27 the effective date of the chapter of the laws of two thousand nine which
28 amended this paragraph, the term of the chairman shall expire; provided,
29 further, that such chairman may continue to discharge the duties of his
30 office until the position of chairman is filled by appointment by the
31 governor upon the advice and consent of the senate and the term of such
32 new chairman shall terminate June thirtieth, two thousand fifteen. The
33 sixteen other members first appointed shall serve for the following
34 terms: The members from the counties of Nassau and Westchester shall
35 each serve for a term ending June thirtieth, nineteen hundred eighty-
36 five; the members from the county of Suffolk and from the counties of
37 Dutchess, Orange, Putnam and Rockland shall each serve for a term ending
38 June thirtieth, nineteen hundred ninety-two; two of the members
39 appointed on recommendation of the mayor of the city of New York shall
40 each serve for a term ending June thirtieth, nineteen hundred eighty-
41 four and, two shall each serve for a term ending June thirtieth, nine-
42 teen hundred eighty-one; two of the members appointed by the governor
43 without the recommendation of any other person shall each serve for a
44 term ending June thirtieth, nineteen hundred eighty-two, two shall each
45 serve for a term ending June thirtieth, nineteen hundred eighty and one
46 shall serve for a term ending June thirtieth, nineteen hundred eighty-
47 five. The members from the counties of Dutchess, Orange, Putnam and
48 Rockland shall cast one collective vote.
49 § 3. This act shall take effect immediately, provided that the amend-
50 ments to paragraph (a) of subdivision 1 of section 1263 of the public
51 authorities law made by section one of this act shall be subject to the
52 expiration and reversion of such paragraph pursuant to section 3 of
53 chapter 549 of the laws of 1994, as amended, when upon such date the
54 provisions of section two of this act shall take effect.
55 PART F
S. 6615 10
1 Intentionally Omitted
2 PART G
3 Section 1. Paragraph (c) of subdivision 16 of section 425 of the real
4 property tax law, as amended by section 5 of part A of chapter 73 of the
5 laws of 2016, is amended to read as follows:
6 (c) If the owners of a parcel that is receiving the STAR exemption
7 authorized by this section want to claim the personal income tax credit
8 authorized by subsection (eee) of section six hundred six of the tax law
9 in lieu of such exemption, they [all must] may do so by switching to the
10 credit in the manner provided by subdivision seventeen of this section.
11 Alternatively, they may renounce that exemption and make any required
12 payments in the manner provided by section four hundred ninety-six of
13 this chapter[, and must pay any required taxes, interest and penalties,
14 on or before December thirty-first of the taxable year for which they
15 want to claim the credit]. Any such switch to the credit or renunciation
16 shall be irrevocable.
17 § 2. Section 425 of the real property tax law is amended by adding a
18 new subdivision 17 to read as follows:
19 17. Switching to the STAR credit. (a) The commissioner shall develop
20 procedures to enable property owners to switch from the STAR exemption
21 to the STAR credit in as simple and expeditious a manner as practicable.
22 (b) Such procedures may allow STAR exemption recipients to switch to
23 the STAR credit in the course of applying for the STAR credit. When an
24 applicant does so, the commissioner shall advise the appropriate asses-
25 sor as soon as practicable that such individual is switching or has
26 switched to the STAR credit, that no further STAR exemptions may be
27 granted to the property in question after the switch takes effect, and
28 if appropriate, that the property's STAR exemption should be removed
29 from the most recently filed assessment roll and/or the forthcoming
30 assessment roll. The assessor or other party having custody and control
31 of the assessment roll shall thereupon be authorized and directed to
32 proceed accordingly.
33 (c) Such procedures may also set forth instances under which the
34 commissioner may direct such a switch to the STAR credit to be deferred
35 for one year, with the resulting differential, if any, to be added to
36 the applicant's initial STAR credit. As used in this subdivision, the
37 term "resulting differential" means the amount by which the STAR credit
38 that the applicant did not receive due to the deferral of the switch
39 exceeds the STAR exemption tax savings that the applicant did receive
40 due to the deferral of the switch. The commissioner is specifically
41 authorized to direct a switch to the STAR credit to be so deferred under
42 the following circumstances:
43 (i) A STAR credit switch may be deferred if the application for the
44 credit is submitted after a cutoff date set by the commissioner. When
45 setting a cutoff date, the commissioner shall take into account the time
46 required to ensure that the STAR exemptions of all STAR credit appli-
47 cants in the assessing unit will be removed before school tax bills are
48 prepared. The commissioner shall specify the applicable cutoff dates
49 after taking into account local assessment calendars, provided that
50 different cutoff dates may be set for municipalities with different
51 assessment calendars, and provided further that any such cutoff date may
52 be no earlier than the fifteenth day prior to the date on which the
53 applicable final assessment roll is required by law to be completed and
54 filed.
S. 6615 11
1 (ii) A STAR credit switch may be deferred if the application is
2 submitted after school tax bills have been prepared, but before the
3 first day of January of the following year, or such later date as the
4 commissioner shall establish.
5 (iii) A STAR credit switch may be deferred if the applicant's STAR
6 exemption is not removed from the applicable assessment roll in a timely
7 manner due to inadvertence or other reasons.
8 (d) Such procedures may also provide that Basic STAR exemption recipi-
9 ents whose incomes exceeds the limit applicable to that exemption may be
10 automatically enrolled in and switched to the Basic STAR credit if their
11 incomes do not exceed the limit applicable to that credit. Each affected
12 individual shall be notified of the switch as soon as practicable. Each
13 such notice shall also advise the individual either that the commission-
14 er has determined that the individual is eligible for the credit, or
15 that the individual must furnish additional information to enable the
16 commissioner to determine the individual's eligibility, as the case may
17 be. In either case, once the individual receives a STAR credit check and
18 deposits or endorses it, he or she shall be deemed to have consented to
19 the switch and shall not be permitted to switch back to the exemption.
20 § 3. Subdivision 1 of section 510-a of the real property tax law, as
21 amended by chapter 386 of the laws of 2003, is amended to read as
22 follows:
23 1. Notwithstanding the provisions of any general, special or local law
24 to the contrary, the assessors in towns, counties, and cities, having
25 power to determine the taxable status of property for tax purposes
26 shall, not later than ten days prior to the date for hearing complaints
27 in relation to assessments, or in the case of the city of New York, not
28 later than thirty days prior to the final date for filing an appeal,
29 mail to each owner of such real property in their town, city or county a
30 notice of change which said assessors have made in the taxable status of
31 such property from the status of (a) wholly exempt to taxable in whole
32 or in part or (b) taxable in part to taxable in whole. Such notice shall
33 include a statement of the date or dates and times at which the board of
34 assessment review shall meet to hear complaints with respect to assess-
35 ments. Provided, however, that no such notice shall be required when a
36 STAR exemption has been removed upon the request of the property owner
37 or at the direction of the commissioner.
38 § 4. Paragraph 5 of subsection (eee) of section 606 of the tax law, as
39 amended by section 4 of part TT of chapter 59 of the laws of 2019, is
40 amended to read as follows:
41 (5) Disqualification. A taxpayer shall not qualify for the credit
42 authorized by this subsection if the parcel that serves as the taxpay-
43 er's primary residence received the STAR exemption on the assessment
44 roll upon which school district taxes for the associated fiscal year
45 were levied. Provided, however, that the taxpayer may remove this
46 disqualification by switching to the credit in the manner provided by
47 subdivision seventeen of section four hundred twenty-five of the real
48 property tax law. Alternatively, the taxpayer may remove this disquali-
49 fication by renouncing the exemption [by December thirty-first of the
50 taxable year, as provided by subdivision sixteen of section four hundred
51 twenty-five of the real property tax law,] and making any required
52 payments [within the time frame prescribed] in the manner provided by
53 section four hundred ninety-six of the real property tax law. Any such
54 switch to the credit or renunciation shall be irrevocable.
55 § 5. This act shall take effect immediately and shall be deemed to
56 have been in full force and effect on and after April 1, 2019.
S. 6615 12
1 PART H
2 Section 1. This act enacts into law components of legislation relating
3 to film and entertainment industry tax credits. Each component is wholly
4 contained within a Subpart identified as Subparts A through B. The
5 effective date for each particular provision contained within such
6 Subpart is set forth in the last section of such Subpart. Any provision
7 in any section contained within a Subpart, including the effective date
8 of the Subpart, which makes a reference to a section "of this act", when
9 used in connection with that particular component, shall be deemed to
10 mean and refer to the corresponding section of the Subpart in which it
11 is found. Section three of this act sets forth the general effective
12 date of this act.
13 SUBPART A
14 Section 1. The state finance law is amended by adding a new section
15 97-ff to read as follows:
16 § 97-ff. Empire state entertainment diversity job training development
17 fund. 1. There is hereby established in the joint custody of the
18 commissioner of taxation and finance and the comptroller, a special fund
19 to be known as the empire state entertainment diversity job training
20 development fund.
21 2. Such fund shall consist of the funds transferred by the comptroller
22 to the fund from the general fund without appropriation, as determined
23 under subdivision (f) of section twenty-four and subdivision (e) of
24 section thirty-one of the tax law. Nothing contained herein shall
25 prevent the state from receiving grants, gifts, or bequests for the fund
26 and depositing them into the fund according to law.
27 3. Monies in the fund shall be expended only for job creation and
28 training programs approved by the commissioner of economic development
29 that support efforts to recruit, hire, promote, retain, develop and
30 train a diverse and inclusive workforce as production company employees
31 in the motion picture and television industry within the state of New
32 York including, but not limited to, those programs that promote develop-
33 ment in economically distressed areas of the state. The commissioner of
34 economic development shall promulgate regulations that set forth rele-
35 vant definitions, minimum standards and criteria for such fund and
36 eligible training programs.
37 4. Monies shall be payable from the fund on the audit and warrant of
38 the comptroller on vouchers approved and certified by the commissioner
39 of economic development.
40 § 2. Section 24 of the tax law is amended by adding a new subdivision
41 (f) to read as follows:
42 (f) (1) With regard to certificates of tax credit issued on or after
43 January first, two thousand twenty, the commissioner of economic devel-
44 opment shall reduce by one-quarter of one percent the amount of credit
45 allowed to a taxpayer and this reduced amount shall be reported on a
46 certificate of tax credit issued pursuant to this section and the regu-
47 lations promulgated by the commissioner of economic development to
48 implement this credit program.
49 (2) By January thirty-first of each year, the commissioner of economic
50 development shall report to the comptroller the total amount of such
51 reductions of tax credit during the immediately preceding calendar year.
52 On or before March thirty-first of each year, the comptroller shall
53 transfer without appropriations from the general fund to the empire
S. 6615 13
1 state entertainment diversity job training development fund established
2 under section ninety-seven-ff of the state finance law an amount equal
3 to the total amount of such reductions reported by the commissioner of
4 economic development for the immediately preceding calendar year.
5 (3) Notwithstanding paragraph two of this subdivision, the following
6 provisions shall apply with respect to reductions of tax credit in two
7 thousand twenty. (i) The commissioner of economic development shall
8 report to the comptroller by June first, two thousand twenty the total
9 amount of such reductions of tax credit during the period of January
10 first, two thousand twenty through May fifteenth, two thousand twenty.
11 On or before July first, two thousand twenty, the comptroller shall
12 transfer without appropriations from the general fund to the empire
13 state entertainment diversity job training development fund an amount
14 equal to the total amount of such reductions reported by the commission-
15 er of economic development for the period of January first, two thousand
16 twenty through May fifteenth, two thousand twenty. (ii) By January thir-
17 ty-first, two thousand twenty-one, the commissioner of economic develop-
18 ment shall report to the comptroller the total amount of such reductions
19 of tax credit during the period of May sixteenth, two thousand twenty
20 through December thirty-first, two thousand twenty. On or before March
21 thirty-first, two thousand twenty-one, the comptroller shall transfer
22 without appropriations from the general fund to the empire state enter-
23 tainment diversity job training development fund an amount equal to the
24 total amount of such reductions reported by the commissioner of economic
25 development for the period of May sixteenth, two thousand twenty through
26 December thirty-first, two thousand twenty.
27 § 3. Section 31 of the tax law, as added by section 12 of part Q of
28 chapter 57 of the laws of 2010, is amended by adding a new subdivision
29 (e) to read as follows:
30 (e) With regard to certificates of tax credit issued on or after Janu-
31 ary first, two thousand twenty, the commissioner of economic development
32 shall reduce by one-quarter of one percent the amount of credit allowed
33 to a taxpayer and this reduced amount shall be reported on a certificate
34 of tax credit issued pursuant to this section and the regulations
35 promulgated by the commissioner of economic development to implement
36 this credit program. Such reductions in tax credit shall be deposited
37 into the empire state entertainment diversity job training development
38 fund as provided in subdivision (f) of section twenty-four of this arti-
39 cle.
40 § 4. This act shall take effect immediately.
41 SUBPART B
42 Section 1. Paragraph 5 of subdivision (b) of section 24 of the tax
43 law, as amended by section 8 of part Q of chapter 57 of the laws of
44 2010, is amended to read as follows:
45 (5) "Qualified film production facility" shall mean a film production
46 facility in the state, which contains at least one sound stage having a
47 minimum of seven thousand square feet of contiguous production space,
48 provided, however, that except with respect to a qualified film
49 production facility being used by a qualified independent film
50 production company: (i) a film production facility in the city of New
51 York must contain at least one sound stage having a minimum of seven
52 thousand square feet of contiguous production space that is sound proof
53 with a Noise Criteria ("NC") of 30 or better, has sufficient heating and
54 air conditioning for shooting without the need for supplemental units,
S. 6615 14
1 incorporates a permanent grid and sufficient built-in electric service
2 for shooting without the need for generators, and is column-free with a
3 clear height of at least sixteen feet under the permanent grid for
4 facilities constructed on or after January first, two thousand nineteen,
5 and at least twelve feet under the permanent grid for facilities
6 constructed before January first, two thousand nineteen; and (ii) an
7 armory owned by the state or city of New York located in the city of New
8 York that does not satisfy the criteria of subparagraph (i) of this
9 paragraph shall be treated as a qualified film production facility upon
10 certification by the governor's office of motion picture and television
11 development of a petition submitted to that office by a qualified film
12 production company establishing that no qualified film production facil-
13 ity is available in the city of New York that has stage space available
14 for shooting such company's film. Such petition shall be submitted no
15 later than ninety days prior to the start of principal photography for
16 the qualified film and the governor's office of motion picture and tele-
17 vision development shall have ten days to certify or reject the peti-
18 tion. A stage will be deemed unavailable if consideration has been paid
19 for its use or such stage is currently under an agreement with an option
20 for use and, in either circumstance, such period of use includes the
21 petitioner's estimated start date of principal photography.
22 § 2. This act shall take effect immediately and apply to property
23 placed in service, and uses of tangible property and performance of
24 services at qualified film production facilities on and after January 1,
25 2019.
26 § 2. Severability. If any clause, sentence, paragraph, section or part
27 of this act shall be adjudged by any court of competent jurisdiction to
28 be invalid and after exhaustion of all further judicial review, the
29 judgment shall not affect, impair, or invalidate the remainder thereof,
30 but shall be confined in its operation to the clause, sentence, para-
31 graph, section or part of this act directly involved in the controversy
32 in which the judgment shall have been rendered.
33 § 3. This act shall take effect immediately provided, however, that
34 the applicable effective date of Subparts A through B of this act shall
35 be as specifically set forth in the last section of such Subparts.
36 PART I
37 Section 1. Paragraph (b) of subdivision 6-a of section 208 of the tax
38 law, as amended by section 1 of part KK of chapter 59 of the laws of
39 2018, is amended to read as follows:
40 (b) "Exempt CFC income" means (i) except to the extent described in
41 subparagraph (ii) of this paragraph, the income required to be included
42 in the taxpayer's federal gross income pursuant to subsection (a) of
43 section 951 of the internal revenue code, received from a corporation
44 that is conducting a unitary business with the taxpayer but is not
45 included in a combined report with the taxpayer, [and] (ii) such income
46 required to be included in the taxpayer's federal gross income pursuant
47 to subsection (a) of such section 951 of the internal revenue code by
48 reason of subsection (a) of section 965 of the internal revenue code, as
49 adjusted by subsection (b) of section 965 of the internal revenue code,
50 and without regard to subsection (c) of such section, received from a
51 corporation that is not included in a combined report with the taxpayer,
52 and (iii) ninety-five percent of the income required to be included in
53 the taxpayer's federal gross income pursuant to subsection (a) of
54 section 951A of the internal revenue code, without regard to the
S. 6615 15
1 deduction under section 250 of the internal revenue code, received from
2 a corporation that is not included in a combined report with the taxpay-
3 er, less, [(iii)] (iv) in the discretion of the commissioner, any inter-
4 est deductions directly or indirectly attributable to that income. In
5 lieu of subtracting from its exempt CFC income the amount of those
6 interest deductions, the taxpayer may make a revocable election to
7 reduce its total exempt CFC income by forty percent. If the taxpayer
8 makes this election, the taxpayer must also make the elections provided
9 for in paragraph (b) of subdivision six of this section and paragraph
10 (c) of this subdivision. If the taxpayer subsequently revokes this
11 election, the taxpayer must revoke the elections provided for in para-
12 graph (b) of subdivision six of this section and paragraph (c) of this
13 subdivision. A taxpayer which does not make this election because it has
14 no exempt CFC income will not be precluded from making those other
15 elections. The income described in [subparagraph] subparagraphs (ii) and
16 (iii) of this paragraph shall not constitute investment income. The
17 income described in subparagraph (iii) of this paragraph shall not
18 constitute exempt unitary corporation dividends.
19 § 2. Paragraph (b) of subdivision 9 of section 208 of the tax law is
20 amended by adding a new subparagraph 25 to read as follows:
21 (25) The amount of any federal deduction allowed pursuant to section
22 250(a)(1)(B)(i) of the internal revenue code.
23 § 3. Subdivision 5-a of section 210-A of the tax law, as added by
24 section 1 of part C of chapter 59 of the laws of 2019, is amended to
25 read as follows:
26 5-a. [Net global] Global intangible low-taxed income. (a) Notwith-
27 standing any other provision of this section, [net] global intangible
28 low-taxed income shall be included in the apportionment fraction as
29 provided in this subdivision. [Receipts constituting net]
30 (b) For New York C corporations, global intangible low-taxed income
31 shall not be included in the numerator of the apportionment fraction.
32 [Receipts constituting net] Five percent of global intangible low-taxed
33 income shall be included in the denominator of the apportionment frac-
34 tion.
35 (c) For New York S corporations, global intangible low-taxed income
36 shall not be included in the numerator of the apportionment fraction.
37 Global intangible low-taxed income shall be included in the denominator
38 of the apportionment fraction.
39 (d) For purposes of this subdivision, the term "[net] global intangi-
40 ble low-taxed income" means the amount required to be included in the
41 taxpayer's federal gross income pursuant to subsection (a) of section
42 951A of the internal revenue code [less the amount of the deduction
43 allowed under clause (i) of section 250(a)(1)(B) of such code].
44 § 4. Paragraph 1 of subdivision (b) of section 1503 of the tax law is
45 amended by adding two new subparagraphs (U) and (V) to read as follows:
46 (U) To the extent not excluded from income pursuant to subparagraph
47 (A) of this paragraph, ninety-five percent of the income required to be
48 included in the taxpayer's federal gross income pursuant to subsection
49 (a) of section 951A of the internal revenue code, without regard to the
50 deduction under section 250 of the internal revenue code, that is gener-
51 ated by a corporation that is not included in a combined report with the
52 taxpayer.
53 (V) To the extent not excluded from income pursuant to subparagraph
54 (A) or (B) of this paragraph, any amount treated as a dividend received
55 by the taxpayer under section 78 of the internal revenue code that is
56 attributable to the income required to be included in the taxpayer's
S. 6615 16
1 federal gross income pursuant to subsection (a) of section 951A of such
2 code.
3 § 5. Paragraph 2 of subdivision (b) of section 1503 of the tax law is
4 amended by adding a new subparagraph (Y) to read as follows:
5 (Y) The amount of the federal deduction allowed pursuant to section
6 250(a)(1)(B) of the internal revenue code.
7 § 6. Subparagraph (H) of paragraph 2 of subdivision (b) of section
8 1503 of the tax law, as amended by section 4-e of part KK of chapter 59
9 of the laws of 2018, is amended to read as follows:
10 (H) in the discretion of the commissioner, any amount of interest
11 directly or indirectly and any other amount directly attributable as a
12 carrying charge or otherwise to subsidiary capital or to income, gains
13 or losses from subsidiary capital, or to the income described in
14 [subparagraph] subparagraphs (S), (U) and (V) of paragraph one of this
15 subdivision;
16 § 7. This act shall take effect immediately and apply to taxable years
17 beginning on or after January 1, 2019.
18 PART J
19 Section 1. Subparagraph (iv) of paragraph 8 of subdivision (b) of
20 section 1101 of the tax law, as added by chapter 61 of the laws of 1989,
21 is amended to read as follows:
22 (iv) For purposes of clause (E) of subparagraph (i) of this paragraph,
23 a person shall be presumed to be regularly or systematically soliciting
24 business in this state if, for the immediately preceding four quarterly
25 periods ending on the last day of February, May, August and November,
26 the cumulative total of such person's gross receipts from sales of prop-
27 erty delivered in this state exceeds [three] five hundred thousand
28 dollars and such person made more than one hundred sales of property
29 delivered in this state, unless such person can demonstrate, to the
30 satisfaction of the commissioner, that he cannot reasonably be expected
31 to have gross receipts in excess of [three] five hundred thousand
32 dollars or more than one hundred sales of property delivered in this
33 state for the next succeeding four quarterly periods ending on the last
34 day of February, May, August and November.
35 § 2. Paragraph 1 of subdivision (e) of section 1101 of the tax law, as
36 added by section 1 of part G of chapter 59 of the laws of 2019, is
37 amended to read as follows:
38 (1) Marketplace provider. A person who, pursuant to an agreement with
39 a marketplace seller, facilitates sales of tangible personal property by
40 such marketplace seller or sellers. A person "facilitates a sale of
41 tangible personal property" for purposes of this paragraph when the
42 person meets both of the following conditions: (A) such person provides
43 the forum in which, or by means of which, the sale takes place or the
44 offer of sale is accepted, including a shop, store, or booth, an inter-
45 net website, catalog, or similar forum; and (B) such person or an affil-
46 iate of such person collects the receipts paid by a customer to a
47 marketplace seller for a sale of tangible personal property, or
48 contracts with a third party to collect such receipts. For purposes of
49 this paragraph, a "sale of tangible personal property" shall not include
50 the rental of a passenger car as described in section eleven hundred
51 sixty of this chapter but shall include a lease described in subdivision
52 (i) of section eleven hundred eleven of this article. For purposes of
53 this paragraph, persons are affiliated if one person has an ownership
54 interest of more than five percent, whether direct or indirect, in
S. 6615 17
1 another, or where an ownership interest of more than five percent,
2 whether direct or indirect, is held in each of such persons by another
3 person or by a group of other persons that are affiliated persons with
4 respect to each other. Notwithstanding anything in this paragraph, a
5 person who is not otherwise registered pursuant to section eleven
6 hundred thirty four of this article is not a marketplace provider if
7 such person has no physical presence in New York and, for the immediate-
8 ly preceding four quarterly periods ending on the last day of February,
9 May, August and November, can show that the cumulative total gross
10 receipts of sales it has made or facilitated of property delivered in
11 this state does not exceed [three] five hundred thousand dollars or that
12 such person has not made or facilitated more than one hundred sales of
13 property delivered in this state. However, such person may elect to
14 register as a marketplace provider, and, once registered, will be
15 subject to the provisions of this article.
16 § 3. Any person who is a vendor solely by reason of clause (E) of
17 subparagraph (i) of paragraph (8) of subdivision (b) of section eleven
18 hundred one of the tax law, is registered to collect New York state and
19 local sales and use taxes, and in good faith collected and remitted
20 sales tax at the incorrect local rate, imposed pursuant to the authority
21 of article 29 of the tax law, shall be liable for the additional sales
22 tax due at such local rate but shall not be liable for any interest or
23 penalties on such uncollected sales tax.
24 Such relief from interest and penalties shall apply only to sales made
25 by such person in the immediately succeeding four quarterly periods
26 ending in February, May, August and November, after the date on which
27 such person becomes a "person required to collect tax" as defined in
28 subdivision (1) of section 1131 of the tax law.
29 § 4. This act shall take effect immediately; provided however,
30 sections one and three of this act shall be deemed to have been in full
31 force and effect on and after June 21, 2018 and section two of this act
32 shall be deemed to have been in full force and effect on and after June
33 1, 2019.
34 PART K
35 Section 1. Subdivision (b) of section 11 of chapter 329 of the laws of
36 1991, amending the state finance law and other laws relating to the
37 establishment of the dedicated highway and bridge trust fund, as amended
38 by section 30 of part TTT of chapter 59 of the laws of 2019, is amended
39 to read as follows:
40 (b) Any service contract or contracts for projects authorized pursuant
41 to sections 10-c, 10-f, 10-g and 80-b of the highway law and section
42 14-k of the transportation law, and entered into pursuant to subdivision
43 (a) of this section, shall provide for state commitments to provide
44 annually to the thruway authority a sum or sums, upon such terms and
45 conditions as shall be deemed appropriate by the director of the budget,
46 to fund, or fund the debt service requirements of any bonds or any obli-
47 gations of the thruway authority issued to fund or to reimburse the
48 state for funding such projects having a cost not in excess of ten
49 billion [seven hundred thirty-nine million four hundred seventy-eight
50 thousand dollars $10,739,478,000] eight hundred five million seven
51 hundred seventy-eight thousand dollars $10,805,778,000 cumulatively by
52 the end of fiscal year 2019-20.
S. 6615 18
1 § 2. Subdivision 1 of section 1689-i of the public authorities law, as
2 amended by section 31 of part TTT of chapter 59 of the laws of 2019, is
3 amended to read as follows:
4 1. The dormitory authority is authorized to issue bonds, at the
5 request of the commissioner of education, to finance eligible library
6 construction projects pursuant to section two hundred seventy-three-a of
7 the education law, in amounts certified by such commissioner not to
8 exceed a total principal amount of two hundred [thirty-one] fifty-one
9 million dollars [$231,000,000] $251,000,000.
10 § 3. Section 44 of section 1 of chapter 174 of the laws of 1968,
11 constituting the New York state urban development corporation act, as
12 amended by section 33 of part TTT of chapter 59 of the laws of 2019, is
13 amended to read as follows:
14 § 44. Issuance of certain bonds or notes. 1. Notwithstanding the
15 provisions of any other law to the contrary, the dormitory authority and
16 the corporation are hereby authorized to issue bonds or notes in one or
17 more series for the purpose of funding project costs for the regional
18 economic development council initiative, the economic transformation
19 program, state university of New York college for nanoscale and science
20 engineering, projects within the city of Buffalo or surrounding envi-
21 rons, the New York works economic development fund, projects for the
22 retention of professional football in western New York, the empire state
23 economic development fund, the clarkson-trudeau partnership, the New
24 York genome center, the cornell university college of veterinary medi-
25 cine, the olympic regional development authority, projects at nano
26 Utica, onondaga county revitalization projects, Binghamton university
27 school of pharmacy, New York power electronics manufacturing consortium,
28 regional infrastructure projects, high tech innovation and economic
29 development infrastructure program, high technology manufacturing
30 projects in Chautauqua and Erie county, an industrial scale research and
31 development facility in Clinton county, upstate revitalization initi-
32 ative projects, downstate revitalization initiative, market New York
33 projects, fairground buildings, equipment or facilities used to house
34 and promote agriculture, the state fair, the empire state trail, the
35 moynihan station development project, the Kingsbridge armory project,
36 strategic economic development projects, the cultural, arts and public
37 spaces fund, water infrastructure in the city of Auburn and town of
38 Owasco, a life sciences laboratory public health initiative, not-for-
39 profit pounds, shelters and humane societies, arts and cultural facili-
40 ties improvement program, restore New York's communities initiative,
41 heavy equipment, economic development and infrastructure projects,
42 Roosevelt Island operating corporation capital projects, Lake Ontario
43 regional projects, Pennsylvania station and other transit projects and
44 other state costs associated with such projects. The aggregate principal
45 amount of bonds authorized to be issued pursuant to this section shall
46 not exceed nine billion [two] eight hundred [eleven] twenty-one million
47 six hundred thirty-six thousand dollars [$9,211,636,000] $9,821,636,000,
48 excluding bonds issued to fund one or more debt service reserve funds,
49 to pay costs of issuance of such bonds, and bonds or notes issued to
50 refund or otherwise repay such bonds or notes previously issued. Such
51 bonds and notes of the dormitory authority and the corporation shall not
52 be a debt of the state, and the state shall not be liable thereon, nor
53 shall they be payable out of any funds other than those appropriated by
54 the state to the dormitory authority and the corporation for principal,
55 interest, and related expenses pursuant to a service contract and such
56 bonds and notes shall contain on the face thereof a statement to such
S. 6615 19
1 effect. Except for purposes of complying with the internal revenue code,
2 any interest income earned on bond proceeds shall only be used to pay
3 debt service on such bonds.
4 2. Notwithstanding any other provision of law to the contrary, in
5 order to assist the dormitory authority and the corporation in undertak-
6 ing the financing for project costs for the regional economic develop-
7 ment council initiative, the economic transformation program, state
8 university of New York college for nanoscale and science engineering,
9 projects within the city of Buffalo or surrounding environs, the New
10 York works economic development fund, projects for the retention of
11 professional football in western New York, the empire state economic
12 development fund, the clarkson-trudeau partnership, the New York genome
13 center, the cornell university college of veterinary medicine, the olym-
14 pic regional development authority, projects at nano Utica, onondaga
15 county revitalization projects, Binghamton university school of pharma-
16 cy, New York power electronics manufacturing consortium, regional
17 infrastructure projects, New York State Capital Assistance Program for
18 Transportation, infrastructure, and economic development, high tech
19 innovation and economic development infrastructure program, high tech-
20 nology manufacturing projects in Chautauqua and Erie county, an indus-
21 trial scale research and development facility in Clinton county, upstate
22 revitalization initiative projects, downstate revitalization initiative,
23 market New York projects, fairground buildings, equipment or facilities
24 used to house and promote agriculture, the state fair, the empire state
25 trail, the moynihan station development project, the Kingsbridge armory
26 project, strategic economic development projects, the cultural, arts and
27 public spaces fund, water infrastructure in the city of Auburn and town
28 of Owasco, a life sciences laboratory public health initiative, not-for-
29 profit pounds, shelters and humane societies, arts and cultural facili-
30 ties improvement program, restore New York's communities initiative,
31 heavy equipment, economic development and infrastructure projects,
32 Roosevelt Island operating corporation capital projects, Lake Ontario
33 regional projects, Pennsylvania station and other transit projects and
34 other state costs associated with such projects the director of the
35 budget is hereby authorized to enter into one or more service contracts
36 with the dormitory authority and the corporation, none of which shall
37 exceed thirty years in duration, upon such terms and conditions as the
38 director of the budget and the dormitory authority and the corporation
39 agree, so as to annually provide to the dormitory authority and the
40 corporation, in the aggregate, a sum not to exceed the principal, inter-
41 est, and related expenses required for such bonds and notes. Any service
42 contract entered into pursuant to this section shall provide that the
43 obligation of the state to pay the amount therein provided shall not
44 constitute a debt of the state within the meaning of any constitutional
45 or statutory provision and shall be deemed executory only to the extent
46 of monies available and that no liability shall be incurred by the state
47 beyond the monies available for such purpose, subject to annual appro-
48 priation by the legislature. Any such contract or any payments made or
49 to be made thereunder may be assigned and pledged by the dormitory
50 authority and the corporation as security for its bonds and notes, as
51 authorized by this section.
52 § 4. Subdivision 1 of section 386-b of the public authorities law, as
53 amended by section 37 of part TTT of chapter 59 of the laws of 2019, is
54 amended to read as follows:
55 1. Notwithstanding any other provision of law to the contrary, the
56 authority, the dormitory authority and the urban development corporation
S. 6615 20
1 are hereby authorized to issue bonds or notes in one or more series for
2 the purpose of financing peace bridge projects and capital costs of
3 state and local highways, parkways, bridges, the New York state thruway,
4 Indian reservation roads, and facilities, and transportation infrastruc-
5 ture projects including aviation projects, non-MTA mass transit
6 projects, and rail service preservation projects, including work appur-
7 tenant and ancillary thereto. The aggregate principal amount of bonds
8 authorized to be issued pursuant to this section shall not exceed four
9 billion six hundred [twenty-eight] forty-eight million dollars
10 [$4,628,000,000] $4,648,000,000, excluding bonds issued to fund one or
11 more debt service reserve funds, to pay costs of issuance of such bonds,
12 and to refund or otherwise repay such bonds or notes previously issued.
13 Such bonds and notes of the authority, the dormitory authority and the
14 urban development corporation shall not be a debt of the state, and the
15 state shall not be liable thereon, nor shall they be payable out of any
16 funds other than those appropriated by the state to the authority, the
17 dormitory authority and the urban development corporation for principal,
18 interest, and related expenses pursuant to a service contract and such
19 bonds and notes shall contain on the face thereof a statement to such
20 effect. Except for purposes of complying with the internal revenue code,
21 any interest income earned on bond proceeds shall only be used to pay
22 debt service on such bonds.
23 § 5. Subdivision 1 of section 50 of section 1 of chapter 174 of the
24 laws of 1968, constituting the New York state urban development corpo-
25 ration act, as amended by section 45 of part TTT of chapter 59 of the
26 laws of 2019, is amended to read as follows:
27 1. Notwithstanding the provisions of any other law to the contrary,
28 the dormitory authority and the urban development corporation are hereby
29 authorized to issue bonds or notes in one or more series for the purpose
30 of funding project costs undertaken by or on behalf of special act
31 school districts, state-supported schools for the blind and deaf,
32 approved private special education schools, non-public schools, communi-
33 ty centers, day care facilities, residential camps, day camps, and other
34 state costs associated with such capital projects. The aggregate princi-
35 pal amount of bonds authorized to be issued pursuant to this section
36 shall not exceed one hundred [ten] thirty million dollars [$110,000,000]
37 $130,000,000, excluding bonds issued to fund one or more debt service
38 reserve funds, to pay costs of issuance of such bonds, and bonds or
39 notes issued to refund or otherwise repay such bonds or notes previously
40 issued. Such bonds and notes of the dormitory authority and the urban
41 development corporation shall not be a debt of the state, and the state
42 shall not be liable thereon, nor shall they be payable out of any funds
43 other than those appropriated by the state to the dormitory authority
44 and the urban development corporation for principal, interest, and
45 related expenses pursuant to a service contract and such bonds and notes
46 shall contain on the face thereof a statement to such effect. Except for
47 purposes of complying with the internal revenue code, any interest
48 income earned on bond proceeds shall only be used to pay debt service on
49 such bonds.
50 § 6. Subdivision 1 of section 49 of section 1 of chapter 174 of the
51 laws of 1968, constituting the New York state urban development corpo-
52 ration act, as amended by section 46-a of part TTT of chapter 59 of the
53 laws of 2019, is amended to read as follows:
54 1. Notwithstanding the provisions of any other law to the contrary,
55 the dormitory authority and the corporation are hereby authorized to
56 issue bonds or notes in one or more series for the purpose of funding
S. 6615 21
1 project costs for the state and municipal facilities program and other
2 state costs associated with such capital projects. The aggregate princi-
3 pal amount of bonds authorized to be issued pursuant to this section
4 shall not exceed two billion [four] seven hundred [thirteen] ninety-
5 eight million five hundred thousand dollars, excluding bonds issued to
6 fund one or more debt service reserve funds, to pay costs of issuance of
7 such bonds, and bonds or notes issued to refund or otherwise repay such
8 bonds or notes previously issued. Such bonds and notes of the dormitory
9 authority and the corporation shall not be a debt of the state, and the
10 state shall not be liable thereon, nor shall they be payable out of any
11 funds other than those appropriated by the state to the dormitory
12 authority and the corporation for principal, interest, and related
13 expenses pursuant to a service contract and such bonds and notes shall
14 contain on the face thereof a statement to such effect. Except for
15 purposes of complying with the internal revenue code, any interest
16 income earned on bond proceeds shall only be used to pay debt service on
17 such bonds.
18 § 7. Paragraph (b) of subdivision 3 and clause (B) of subparagraph
19 (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chap-
20 ter 63 of the laws of 2005, relating to the composition and responsibil-
21 ities of the New York state higher education capital matching grant
22 board, as amended by section 59 of part BBB of chapter 59 of the laws of
23 2018, are amended to read as follows:
24 (b) Within amounts appropriated therefor, the board is hereby author-
25 ized and directed to award matching capital grants totaling [two hundred
26 seventy] three hundred million dollars, $300,000,000. Each college shall
27 be eligible for a grant award amount as determined by the calculations
28 pursuant to subdivision five of this section. In addition, such colleges
29 shall be eligible to compete for additional funds pursuant to paragraph
30 (h) of subdivision four of this section.
31 (B) The dormitory authority shall not issue any bonds or notes in an
32 amount in excess of [two hundred seventy] three hundred million dollars,
33 $300,000,000 for the purposes of this section; excluding bonds or notes
34 issued to fund one or more debt service reserve funds, to pay costs of
35 issuance of such bonds, and bonds or notes issued to refund or otherwise
36 repay such bonds or notes previously issued. Except for purposes of
37 complying with the internal revenue code, any interest on bond proceeds
38 shall only be used to pay debt service on such bonds.
39 § 8. Paragraph (a) of subdivision 2 of section 47-e of the private
40 housing finance law, as amended by section 29 of part TTT of chapter 59
41 of the laws of 2019, is amended to read as follows:
42 (a) Subject to the provisions of chapter fifty-nine of the laws of two
43 thousand, in order to enhance and encourage the promotion of housing
44 programs and thereby achieve the stated purposes and objectives of such
45 housing programs, the agency shall have the power and is hereby author-
46 ized from time to time to issue negotiable housing program bonds and
47 notes in such principal amount as shall be necessary to provide suffi-
48 cient funds for the repayment of amounts disbursed (and not previously
49 reimbursed) pursuant to law or any prior year making capital appropri-
50 ations or reappropriations for the purposes of the housing program;
51 provided, however, that the agency may issue such bonds and notes in an
52 aggregate principal amount not exceeding [six billion one hundred seven-
53 ty-eight million five hundred ninety-nine thousand dollars
54 $6,178,599,000] six billion two hundred ninety million five hundred
55 ninety-nine thousand dollars $6,290,599,000, plus a principal amount of
56 bonds issued to fund the debt service reserve fund in accordance with
S. 6615 22
1 the debt service reserve fund requirement established by the agency and
2 to fund any other reserves that the agency reasonably deems necessary
3 for the security or marketability of such bonds and to provide for the
4 payment of fees and other charges and expenses, including underwriters'
5 discount, trustee and rating agency fees, bond insurance, credit
6 enhancement and liquidity enhancement related to the issuance of such
7 bonds and notes. No reserve fund securing the housing program bonds
8 shall be entitled or eligible to receive state funds apportioned or
9 appropriated to maintain or restore such reserve fund at or to a partic-
10 ular level, except to the extent of any deficiency resulting directly or
11 indirectly from a failure of the state to appropriate or pay the agreed
12 amount under any of the contracts provided for in subdivision four of
13 this section.
14 § 9. This act shall take effect immediately.
15 PART L
16 Section 1. Subdivision 4-b of section 2825-f of the public health law,
17 as added by section 1 of part Q of chapter 57 of the laws of 2019, is
18 amended to read as follows:
19 4-b. Authorized amounts to be awarded pursuant to applications submit-
20 ted in response to the request for application number 17648 shall be
21 awarded no later than [May] September first, two thousand nineteen.
22 § 2. This act shall take effect immediately and shall be deemed to
23 have been in full force and effect on and after May 1, 2019.
24 PART M
25 Section 1. Subdivision (a) of section 2 of part F of chapter 60 of the
26 laws of 2015 constituting the infrastructure investment act, as amended
27 by section 1 of part RRR of chapter 59 of the laws of 2017, is amended
28 to read as follows:
29 (a) (i) "authorized state entity" shall mean the New York state thru-
30 way authority, the department of transportation, the office of parks,
31 recreation and historic preservation, the department of environmental
32 conservation and the New York state bridge authority.
33 (ii) Notwithstanding the provisions of subdivision 26 of section 1678
34 of the public authorities law, section 8 of the public buildings law,
35 sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as
36 amended, section 103 of the general municipal law, and the provisions of
37 any other law to the contrary, the term "authorized state entity" shall
38 also refer to only those agencies or authorities identified below solely
39 in connection with the following authorized projects, provided that such
40 an authorized state entity may utilize the alternative delivery method
41 referred to as design-build contracts solely in connection with the
42 following authorized projects should the total cost of each such project
43 not be less than five million dollars ($5,000,000):
44 Authorized Projects Authorized State Entity
45 1. Frontier Town Urban Development Corporation
46 2. Life Sciences Laboratory Dormitory Authority & Urban
47 Development Corporation
48 3. Whiteface Transformative Projects New York State Olympic Regional
S. 6615 23
1 Development Authority
2 4. Gore Transformative Projects New York State Olympic Regional
3 Development Authority
4 5. Belleayre Transformative Projects New York State Olympic Regional
5 Development Authority
6 6. Mt. Van Hoevenberg Transformative New York State Olympic Regional
7 Projects Development Authority
8 7.Olympic Training CenterNew York State Olympic Regional
9 Development Authority
10 8.Olympic Arena and ConventionNew York State Olympic Regional
11 Center ComplexDevelopment Authority
12 [7.] 9. State Fair Revitalization Office of General
13 Projects Services
14 [8.] 10. State Police Forensic Office of General
15 Laboratory Services
16 Notwithstanding any provision of law to the contrary, all rights or
17 benefits, including terms and conditions of employment, and protection
18 of civil service and collective bargaining status of all existing
19 employees of authorized state entities solely in connection with the
20 authorized projects listed above, shall be preserved and protected.
21 Nothing in this section shall result in the: (1) displacement of any
22 currently employed worker or loss of position (including partial
23 displacement such as a reduction in the hours of non-overtime work,
24 wages, or employment benefits) or result in the impairment of existing
25 collective bargaining agreements; and (2) transfer of existing duties
26 and functions related to maintenance and operations currently performed
27 by existing employees of authorized state entities to a contracting
28 entity. Nothing contained herein shall be construed to affect (A) the
29 existing rights of employees pursuant to an existing collective bargain-
30 ing agreement, and (B) the existing representational relationships among
31 employee organizations or the bargaining relationships between the
32 employer and an employee organization.
33 If otherwise applicable, authorized projects undertaken by the author-
34 ized state entities listed above solely in connection with the
35 provisions of this act shall be subject to section 135 of the state
36 finance law, section 101 of the general municipal law, and section 222
37 of the labor law; provided, however, that an authorized state entity may
38 fulfill its obligations under section 135 of the state finance law or
39 section 101 of the general municipal law by requiring the contractor to
40 prepare separate specifications in accordance with section 135 of the
41 state finance law or section 101 of the general municipal law, as the
42 case may be.
43 § 2. This act shall take effect immediately; provided, however that
44 the amendments to the infrastructure investment act made by section one
45 of this act shall not affect the repeal of such act and shall be deemed
46 repealed therewith.
47 PART N
48 Section 1. Section 18 of chapter 26 of the laws of 2019, constituting
49 the "Jose Peralta New York state DREAM act", is amended to read as
50 follows:
51 § 18. This act shall take effect immediately; provided, however, that:
52 [(a) section two of this act shall take effect January 1, 2020;
S. 6615 24
1 (b)] (a) sections fifteen and sixteen of this act shall take effect on
2 the ninetieth day after it shall have become a law; provided, however,
3 that any rule or regulation necessary for the timely implementation of
4 this act on its effective date shall be promulgated on or before such
5 effective date; and
6 [(c)] (b) sections three, four, five, six, seven, eight, nine, ten,
7 eleven, twelve, thirteen, fourteen, and seventeen of this act shall take
8 effect [on the ninetieth day after] upon the issuance of regulations and
9 the development of an application form by the president of the higher
10 education services corporation and commissioner of education or on the
11 ninetieth day after [it] this act shall have become a law, whichever
12 shall be [later] sooner; provided, further, however that effective imme-
13 diately the addition, amendment and/or repeal of any rule or regulation
14 necessary for the implementation of this act on its effective date are
15 authorized and directed to be made and completed on or before such date;
16 provided, further, however, that the president of the higher education
17 services corporation and the commissioner of education shall notify the
18 legislative bill drafting commission upon the occurrence of the issuance
19 of the regulations and the development of an application form in order
20 that the commission may maintain an accurate and timely effective data
21 base of the official text of the laws of the state of New York in furth-
22 erance of effectuating the provisions of section 44 of the legislative
23 law and section 70-b of the public officers law.
24 § 2. This act shall take effect immediately.
25 PART O
26 Section 1. Clauses 6 and 7 of subparagraph (B) of paragraph (i) of
27 subdivision (b) of section 349-g of the highway law, as added by chapter
28 78 of the laws of 2018, are amended to read as follows:
29 6. Within the waters of Flushing Bay South 45°-38'-00" East, a
30 distance of 1092.05' to a point in the waters of Flushing Bay, said
31 point also being the westerly line of Tax Map Lot 65 Block [789] 1789,
32 thence;
33 7. Along the westerly line of same South 05°-02'-52" East, a distance
34 of 456.35' to a point in the westerly line of Tax Map Lot 65 Block [789]
35 1789, thence;
36 § 2. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect on and after chapter 78 of the laws
38 of 2018 took effect, provided the amendments to section 349-g of the
39 highway law made by section one of this act shall not affect the repeal
40 of such section and shall be deemed repealed therewith.
41 PART P
42 Section 1. Subdivision 1 of section 1267 of the public authorities
43 law, as amended by chapter 634 of the laws of 1965, is amended to read
44 as follows:
45 1. In addition to the powers provided in section twelve hundred
46 sixty-six of this title to acquire transportation facilities, equipment
47 and real property, the authority may acquire, by condemnation pursuant
48 to the [condemnation] eminent domain procedure law, any real property it
49 may deem necessary, convenient or desirable to effectuate the purposes
50 of this title, provided however, that any such condemnation proceedings
51 shall be brought only in the supreme court and the compensation to be
52 paid shall be ascertained and determined by the court without a jury[.
S. 6615 25
1 Notwithstand], and provided further that the rate of interest paid upon
2 any judgment or accrued claim against the authority arising out of such
3 condemnation proceedings shall not exceed six per centum. Notwithstand-
4 ing the foregoing provisions of this subdivision [one], no real property
5 may be acquired by the authority by condemnation for purposes other than
6 a transportation facility unless the governing body of the city, village
7 or town in which such real property is located shall first consent to
8 such condemnation.
9 § 2. This act shall take effect immediately; provided that section one
10 of this act shall be deemed repealed three years after such effective
11 date, provided that any condemnation proceedings in process at the time
12 of repeal shall not be affected by such repeal.
13 PART Q
14 Section 1. Subdivision j of section 26-510 of the administrative code
15 of the city of New York, as added by section 1 of part C of chapter 36
16 of the laws of 2019, is amended to read as follows:
17 j. Notwithstanding any other provision of this law, the adjustment for
18 vacancy leases covered by the provisions of this law shall be determined
19 exclusively pursuant to this section. [County] The rent guidelines
20 [boards] board shall no longer promulgate adjustments for vacancy leases
21 unless otherwise authorized by this chapter.
22 § 2. Subdivision e of section 4 of section 4 of chapter 576 of the
23 laws of 1974, constituting the emergency tenant protection act of nine-
24 teen seventy-four, as added by section 2 of part C of chapter 36 of the
25 laws of 2019, is amended to read as follows:
26 e. Notwithstanding any other provision of this act, the adjustment for
27 vacancy leases covered by the provisions of this act shall be determined
28 exclusively pursuant to section ten of this act. [County rent] Rent
29 guidelines boards shall no longer promulgate adjustments for vacancy
30 leases.
31 § 3. The opening paragraph of subdivision b of section 4 of section 4
32 of chapter 576 of the laws of 1974, constituting the emergency tenant
33 protection act of nineteen seventy-four, as amended by section 3 of part
34 C of chapter 36 of the laws of 2019, is amended to read as follows:
35 A county rent guidelines board shall establish annual guidelines for
36 rent adjustments which, at its sole discretion may be varied and differ-
37 ent for and within the several zones and jurisdictions of the board, and
38 in determining whether rents for housing accommodations as to which an
39 emergency has been declared pursuant to this act shall be adjusted,
40 shall consider among other things (1) the economic condition of the
41 residential real estate industry in the affected area including such
42 factors as the prevailing and projected (i) real estate taxes and sewer
43 and water rates, (ii) gross operating maintenance costs (including
44 insurance rates, governmental fees, cost of fuel and labor costs), (iii)
45 costs and availability of financing (including effective rates of inter-
46 est), (iv) over-all supply of housing accommodations and over-all vacan-
47 cy rates, (2) relevant data from the current and projected cost of
48 living indices for the affected area, (3) such other data as may be made
49 available to it. As soon as practicable after its creation and thereaft-
50 er not later than July first of each year, a rent guidelines board shall
51 file with the state division of housing and community renewal its find-
52 ings for the preceding calendar year, and shall accompany such findings
53 with a statement of the maximum rate or rates of rent adjustment, if
54 any, for one or more classes of accommodation subject to this act,
S. 6615 26
1 authorized for leases or other rental agreements commencing during the
2 next succeeding twelve months. The standards for rent adjustments may be
3 applicable for the entire county or may be varied according to such
4 zones or jurisdictions within such county as the board finds necessary
5 to achieve the purposes of this subdivision. A [county] rent guidelines
6 board shall not establish annual guidelines for rent adjustments based
7 on the current rental cost of a unit or on the amount of time that has
8 elapsed since another rent increase was authorized pursuant to this
9 chapter.
10 § 4. Section 5 of part C of chapter 36 of the laws of 2019, amending
11 the administrative code of the city of New York and the emergency tenant
12 protection act of nineteen seventy-four relating to vacancy of certain
13 housing accommodations and to amend the emergency tenant protection act
14 of nineteen seventy-four and the administrative code of the city of New
15 York relating to prohibiting a county rent guidelines board from estab-
16 lishing rent adjustments for class A dwelling units based on certain
17 considerations, is amended to read as follows:
18 § 5. This act shall take effect immediately; provided, further, that
19 the amendments to section 26-510 of chapter 4 of title 26 of the admin-
20 istrative code of the city of New York made by sections one and four of
21 this act shall expire on the same date as such law expires and shall not
22 affect the expiration of such law as provided under section 26-520 of
23 such law.
24 § 5. Section 6 of part D of chapter 36 of the laws of 2019 amending
25 the emergency tenant protection act of nineteen seventy-four, relating
26 to vacancies in certain housing accommodations, is amended to read as
27 follows:
28 § 6. Paragraph 12 of subdivision a of section 5 of section 4 of chap-
29 ter 576 of the laws of 1974, constituting the emergency tenant
30 protection act of nineteen seventy-four, is REPEALED.
31 § 6. Section 7 of part D of chapter 36 of the laws of 2019 amending
32 the emergency tenant protection act of nineteen seventy-four, relating
33 to vacancies in certain housing accommodations, is amended to read as
34 follows:
35 § 7. Section 5-a of section 4 of chapter 576 of the laws of 1974,
36 constituting the emergency tenant protection act of nineteen seventy-
37 four, is REPEALED.
38 § 7. Section 26-403.1 of the administrative code of the city of New
39 York is REPEALED.
40 § 8. Subparagraph (j) of paragraph 2 of subdivision (e) of section
41 26-403 of the administrative code of the city of New York is REPEALED.
42 § 9. Section 2-a of chapter 274 of the laws of 1946, constituting the
43 emergency housing rent control law, is REPEALED.
44 § 10. Section 8 of part D of chapter 36 of the laws of 2019, amending
45 the emergency tenant protection act of nineteen seventy-four, relating
46 to vacancies in certain housing accommodations, is amended to read as
47 follows:
48 § 8. This act shall take effect immediately; provided however, that
49 (i) any unit that was lawfully deregulated prior to June 14, 2019 shall
50 remain deregulated; and (ii) a market rate unit in a multiple dwelling
51 which receives benefits pursuant to subdivision 16 of section 421-a of
52 the real property tax law shall be subject to the deregulation
53 provisions of rent stabilization as provided by law prior to June 14,
54 2019.
55 § 11. Subdivision (a-2) of section 10 of section 4 of chapter 576 of
56 the laws of 1974, constituting the emergency tenant protection act of
S. 6615 27
1 nineteen seventy-four, as amended by section 1 of part E of chapter 36
2 of the laws of 2019, is amended to read as follows:
3 (a-2) Where the amount of rent charged to and paid by the tenant is
4 less than the legal regulated rent for the housing accommodation, the
5 amount of rent for such housing accommodation which may be charged upon
6 vacancy thereof, may, at the option of the owner, be based upon such
7 previously established legal regulated rent, as adjusted by the most
8 recent applicable guidelines increases and other increases authorized by
9 law. [Any] For any tenant who is subject to a lease on or after the
10 effective date of a chapter of the laws of two thousand nineteen which
11 amended this subdivision, or is or was entitled to receive a renewal or
12 vacancy lease on or after such date, upon renewal of such lease, the
13 amount of rent for such housing accommodation that may be charged and
14 paid shall be no more than the rent charged to and paid by the tenant
15 prior to that renewal, as adjusted by the most recent applicable guide-
16 lines increases and any other increases authorized by law. Provided,
17 however, that for buildings that are subject to this statute by virtue
18 of a regulatory agreement with a local government agency and which
19 buildings receive federal project based rental assistance administered
20 by the United States department of housing and urban development or a
21 state or local section eight administering agency, where the rent set by
22 the federal, state or local governmental agency is less than the legal
23 regulated rent for the housing accommodation, the amount of rent for
24 such housing accommodation which may be charged with the approval of
25 such federal, state or local governmental agency upon renewal or upon
26 vacancy thereof, may be based upon such previously established legal
27 regulated rent, as adjusted by the most recent applicable guidelines
28 increases or other increases authorized by law; and further provided
29 that such vacancy shall not be caused by the failure of the owner or an
30 agent of the owner, to maintain the housing accommodation in compliance
31 with the warranty of habitability set forth in subdivision one of
32 section two hundred thirty-five-b of the real property law.
33 § 12. Paragraph 14 of subdivision c of section 26-511 of the adminis-
34 trative code of the city of New York, as amended by section 2 of part E
35 of chapter 36 of the laws of 2019, is amended to read as follows:
36 (14) where the amount of rent charged to and paid by the tenant is
37 less than the legal regulated rent for the housing accommodation, the
38 amount of rent for such housing accommodation which may be charged upon
39 vacancy thereof, may, at the option of the owner, be based upon such
40 previously established legal regulated rent, as adjusted by the most
41 recent applicable guidelines increases and any other increases author-
42 ized by law. [Any] For any tenant who is subject to a lease on or after
43 the effective date of a chapter of the laws of two thousand nineteen
44 which amended this paragraph, or is or was entitled to receive a renewal
45 or vacancy lease on or after such date, upon renewal of such lease, the
46 amount of rent for such housing accommodation that may be charged and
47 paid shall be no more than the rent charged to and paid by the tenant
48 prior to that renewal, as adjusted by the most recent applicable guide-
49 lines increases and any other increases authorized by law. Provided,
50 however, that for buildings that are subject to this statute by virtue
51 of a regulatory agreement with a local government agency and which
52 buildings receive federal project based rental assistance administered
53 by the United States department of housing and urban development or a
54 state or local section eight administering agency, where the rent set by
55 the federal, state or local governmental agency is less than the legal
56 regulated rent for the housing accommodation, the amount of rent for
S. 6615 28
1 such housing accommodation which may be charged with the approval of
2 such federal, state or local governmental agency upon renewal or upon
3 vacancy thereof, may be based upon such previously established legal
4 regulated rent, as adjusted by the most recent applicable guidelines
5 increases and other increases authorized by law; and further provided
6 that such vacancy shall not be caused by the failure of the owner or an
7 agent of the owner, to maintain the housing accommodation in compliance
8 with the warranty of habitability set forth in subdivision one of
9 section two hundred thirty-five-b of the real property law.
10 § 13. Paragraph 9 of subdivision a of section 12 of section 4 of chap-
11 ter 576 of the laws of 1974, constituting the emergency tenant
12 protection act of nineteen seventy-four, as added by section 2 of part F
13 of chapter 36 of the laws of 2019, is amended to read as follows:
14 (9) The division of housing and community renewal and the courts, in
15 investigating complaints of overcharge and in determining legal regu-
16 lated rents, shall consider all available rent history which is reason-
17 ably necessary to make such determinations, including but not limited to
18 (a) any rent registration or other records filed with the state division
19 of housing and community renewal, or any other state, municipal or
20 federal agency, regardless of the date to which the information on such
21 registration refers; (b) any order issued by any state, municipal or
22 federal agency; (c) any records maintained by the owner or tenants; and
23 (d) any public record kept in the regular course of business by any
24 state, municipal or federal agency. Nothing contained in this paragraph
25 shall limit the examination of rent history relevant to a determination
26 as to:
27 (i) whether the legality of a rental amount charged or registered is
28 reliable in light of all available evidence including, but not limited
29 to, whether an unexplained increase in the registered or lease rents, or
30 a fraudulent scheme to destabilize the housing accommodation, rendered
31 such rent or registration unreliable;
32 (ii) whether an accommodation is subject to the emergency tenant
33 protection act;
34 (iii) whether an order issued by the division of housing and community
35 renewal or a court of competent jurisdiction, including, but not limited
36 to an order issued pursuant to section [26-514 of the administrative
37 code of the city of New York] seven of this act, or any regulatory
38 agreement or other contract with any governmental agency, and remaining
39 in effect within six years of the filing of a complaint pursuant to this
40 section, affects or limits the amount of rent that may be charged or
41 collected;
42 (iv) whether an overcharge was or was not willful;
43 (v) whether a rent adjustment that requires information regarding the
44 length of occupancy by a present or prior tenant was lawful;
45 (vi) the existence or terms and conditions of a preferential rent, or
46 the propriety of a legal registered rent during a period when the
47 tenants were charged a preferential rent;
48 (vii) the legality of a rent charged or registered immediately prior
49 to the registration of a preferential rent; or
50 (viii) the amount of the legal regulated rent where the apartment was
51 vacant or temporarily exempt on the date six years prior to a tenant's
52 complaint.
53 § 14. Subparagraph (b) of paragraph 9 of subdivision c of section
54 26-511 of the administrative code of the city of New York, as amended by
55 section 2 of part I of chapter 36 of the laws of 2019, is amended to
56 read as follows:
S. 6615 29
1 (b) where he or she seeks to recover possession of one dwelling unit
2 because of immediate and compelling necessity for his or her own
3 personal use and occupancy as his or her primary residence or for the
4 use and occupancy of a member of his or her immediate family as his or
5 her primary residence, provided however, that this subparagraph shall
6 permit recovery of only one dwelling unit and shall not apply where a
7 tenant or the spouse of a tenant lawfully occupying the dwelling unit is
8 sixty-two years of age or older, has been a tenant in a dwelling unit in
9 that building for fifteen years or more, or has an impairment which
10 results from anatomical, physiological or psychological conditions,
11 other than addiction to alcohol, gambling, or any controlled substance,
12 which are demonstrable by medically acceptable clinical and laboratory
13 diagnostic techniques, and which are expected to be permanent and which
14 prevent the tenant from engaging in any substantial gainful employment,
15 unless such owner offers to provide and if requested, provides an equiv-
16 alent or superior housing accommodation at the same or lower stabilized
17 rent in a closely proximate area. The provisions of this subparagraph
18 shall only permit one of the individual owners of any building to
19 recover possession of one dwelling unit for his or her own personal use
20 and/or for that of his or her immediate family. A dwelling unit recov-
21 ered by an owner pursuant to this subparagraph shall not for a period of
22 three years be rented, leased, subleased or assigned to any person other
23 than a person for whose benefit recovery of the dwelling unit is permit-
24 ted pursuant to this subparagraph or to the tenant in occupancy at the
25 time of recovery under the same terms as the original lease; provided,
26 however, that a tenant required to surrender a [housing accommodation by
27 virtue of the operation of subdivision g or h of section 26-408 of this
28 title] dwelling unit under this subparagraph shall have a cause of
29 action in any court of competent jurisdiction for damages, declaratory,
30 and injunctive relief against a landlord or purchaser of the premises
31 who makes a fraudulent statement regarding a proposed use of the housing
32 accommodation. In any action or proceeding brought pursuant to this
33 subparagraph a prevailing tenant shall be entitled to recovery of actual
34 damages, and reasonable attorneys' fees. This subparagraph shall not be
35 deemed to establish or eliminate any claim that the former tenant of the
36 dwelling unit may otherwise have against the owner. Any such rental,
37 lease, sublease or assignment during such period to any other person may
38 be subject to a penalty of a forfeiture of the right to any increases in
39 residential rents in such building for a period of three years; or
40 § 15. Subdivision a of section 10 of section 4 of chapter 576 of the
41 laws of 1974, constituting the emergency tenant protection act of nine-
42 teen seventy-four, as amended by section 3 of part I of chapter 36 of
43 the laws of 2019, is amended to read as follows:
44 a. For cities having a population of less than one million and towns
45 and villages, the state division of housing and community renewal shall
46 be empowered to implement this act by appropriate regulations. Such
47 regulations may encompass such speculative or manipulative practices or
48 renting or leasing practices as the state division of housing and commu-
49 nity renewal determines constitute or are likely to cause circumvention
50 of this act. Such regulations shall prohibit practices which are likely
51 to prevent any person from asserting any right or remedy granted by this
52 act, including but not limited to retaliatory termination of periodic
53 tenancies and shall require owners to grant a new one or two year vacan-
54 cy or renewal lease at the option of the tenant, except where a mortgage
55 or mortgage commitment existing as of the local effective date of this
56 act provides that the owner shall not grant a one-year lease; and shall
S. 6615 30
1 prescribe standards with respect to the terms and conditions of new and
2 renewal leases, additional rent and such related matters as security
3 deposits, advance rental payments, the use of escalator clauses in leas-
4 es and provision for increase in rentals for garages and other ancillary
5 facilities, so as to [insure] ensure that the level of rent adjustments
6 authorized under this law will not be subverted and made ineffective.
7 Any provision of the regulations permitting an owner to refuse to renew
8 a lease on grounds that the owner seeks to recover possession of a hous-
9 ing accommodation for his or her own use and occupancy or for the use
10 and occupancy of his or her immediate family shall permit recovery of
11 only one housing accommodation, shall require that an owner demonstrate
12 immediate and compelling need and that the housing accommodation will be
13 the proposed occupants' primary residence and shall not apply where a
14 member of the housing accommodation is sixty-two years of age or older,
15 has been a tenant in a housing accommodation in that building for
16 fifteen years or more, or has an impairment which results from anatom-
17 ical, physiological or psychological conditions, other than addiction to
18 alcohol, gambling, or any controlled substance, which are demonstrable
19 by medically acceptable clinical and laboratory diagnostic techniques,
20 and which are expected to be permanent and which prevent the tenant from
21 engaging in any substantial gainful employment; provided, however, that
22 a tenant required to surrender a housing accommodation [by virtue of the
23 operation of subdivision g or h of section 26-408 of the administrative
24 code of the city of New York] under this subdivision shall have a cause
25 of action in any court of competent jurisdiction for damages, declarato-
26 ry, and injunctive relief against a landlord or purchaser of the prem-
27 ises who makes a fraudulent statement regarding a proposed use of the
28 housing accommodation. In any action or proceeding brought pursuant to
29 this subdivision a prevailing tenant shall be entitled to recovery of
30 actual damages, and reasonable attorneys' fees.
31 § 16. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of
32 the laws of 1946, constituting the emergency housing rent control law,
33 as amended by section 4 of part I of chapter 36 of the laws of 2019, is
34 amended to read as follows:
35 (a) the landlord seeks in good faith to recover possession of a hous-
36 ing accommodation because of immediate and compelling necessity for his
37 or her own personal use and occupancy as his or her primary residence or
38 for the use and occupancy of his or her immediate family as their prima-
39 ry residence; provided, however, this subdivision shall permit recovery
40 of only one housing accommodation and shall not apply where a member of
41 the household lawfully occupying the housing accommodation is sixty-two
42 years of age or older, has been a tenant in a housing accommodation in
43 that building for fifteen years or more, or has an impairment which
44 results from anatomical, physiological or psychological conditions,
45 other than addiction to alcohol, gambling, or any controlled substance,
46 which are demonstrable by medically acceptable clinical and laboratory
47 diagnostic techniques, and which are expected to be permanent and which
48 prevent the tenant from engaging in any substantial gainful employment;
49 provided, however, that a tenant required to surrender a housing accom-
50 modation [by virtue of the operation of subdivision g or h of section
51 26-408 of the administrative code of the city of New York] under this
52 paragraph shall have a cause of action in any court of competent juris-
53 diction for damages, declaratory, and injunctive relief against a land-
54 lord or purchaser of the premises who makes a fraudulent statement
55 regarding a proposed use of the housing accommodation. In any action or
56 proceeding brought pursuant to this paragraph a prevailing tenant shall
S. 6615 31
1 be entitled to recovery of actual damages, and reasonable attorneys'
2 fees; or
3 § 17. Paragraphs 6 and 10 of subdivision a of section 5 of section 4
4 of chapter 576 of the laws of 1974, constituting the emergency tenant
5 protection act of nineteen seventy-four, paragraph 6 as amended by chap-
6 ter 403 of the laws of 1983 and paragraph 10 as amended by section 1 of
7 part J of chapter 36 of the laws of 2019, are amended to read as
8 follows:
9 (6) housing accommodations owned or operated by a hospital, convent,
10 monastery, asylum, public institution, or college or school dormitory or
11 any institution operated exclusively for charitable or educational
12 purposes on a non-profit basis other than (i) those accommodations occu-
13 pied by a tenant on the date such housing accommodation is acquired by
14 any such institution, or which are occupied subsequently by a tenant who
15 is not affiliated with such institution at the time of his initial occu-
16 pancy or (ii) permanent housing accommodations with government
17 contracted services, as of and after June fourteenth, two thousand nine-
18 teen, to vulnerable individuals or individuals with disabilities who are
19 or were homeless or at risk of homelessness; provided, however, that the
20 terms of leases in existence as of June fourteenth, two thousand nine-
21 teen, shall only be affected upon lease renewal, and further provided
22 that upon the vacancy of such housing accommodations, the legal regu-
23 lated rent for such housing accommodations shall be the legal regulated
24 rent paid for such housing accommodations by the prior tenant, subject
25 only to any adjustment adopted by the applicable rent guidelines board;
26 (10) housing accommodations in buildings operated exclusively for
27 charitable purposes on a non-profit basis except for permanent housing
28 accommodations with government contracted services, as of and after the
29 effective date of the chapter of the laws of two thousand nineteen that
30 amended this paragraph, to vulnerable individuals or individuals with
31 disabilities who are or were homeless or at risk of homelessness;
32 provided, however, that the terms of leases in existence as of the
33 effective date of the chapter of the laws of two thousand nineteen that
34 amended this paragraph, shall only be affected upon lease renewal, and
35 further provided that upon the vacancy of such housing accommodations,
36 the legal regulated rent for such housing accommodations shall be the
37 legal regulated rent paid for such housing accommodations by the prior
38 tenant, subject only to any adjustment adopted by the applicable rent
39 guidelines board;
40 § 18. Paragraph 1 of subdivision d of section 6 of section 4 of chap-
41 ter 576 of the laws of 1974, constituting the emergency tenant
42 protection act of nineteen seventy-four, as amended by section 1 of part
43 K of chapter 36 of the laws of 2019, is amended to read as follows:
44 (1) there has been a substantial modification or increase of dwelling
45 space, or installation of new equipment or improvements or new furniture
46 or furnishings, provided in or to a tenant's housing accommodation, on
47 written informed tenant consent to the rent increase. In the case of a
48 vacant housing accommodation, tenant consent shall not be required. The
49 temporary increase in the legal regulated rent for the affected housing
50 accommodation shall be one-one hundred sixty-eighth, in the case of a
51 building with thirty-five or fewer housing accommodations or one-one
52 hundred eightieth in the case of a building with more than thirty-five
53 housing accommodations where such increase takes effect on or after the
54 effective date of the chapter of the laws of two thousand nineteen that
55 amended this paragraph, of the total actual cost incurred by the land-
56 lord up to fifteen thousand dollars in providing such reasonable and
S. 6615 32
1 verifiable modification or increase in dwelling space, furniture,
2 furnishings, or equipment, including the cost of installation but
3 excluding finance charges and any costs that exceed reasonable costs
4 established by rules and regulations promulgated by the division of
5 housing and community renewal. Such rules and regulations shall include:
6 (i) requirements for work to be done by licensed contractors and a
7 prohibition on common ownership between the landlord and the contractor
8 or vendor; and (ii) a requirement that the owner resolve within the
9 dwelling space all outstanding hazardous or immediately hazardous
10 violations of the Uniform Fire Prevention and Building Code (Uniform
11 Code), New York City Fire Code, or New York City Building and Housing
12 Maintenance Codes, if applicable. Provided further that an owner who is
13 entitled to a rent increase pursuant to this paragraph shall not be
14 entitled to a further rent increase based upon the installation of simi-
15 lar equipment, or new furniture or furnishings within the useful life of
16 such new equipment, or new furniture or furnishings. Provided further
17 that the recoverable costs incurred by the landlord, pursuant to this
18 paragraph, shall be limited to an aggregate cost of fifteen thousand
19 dollars that may be expended on no more than three separate individual
20 apartment improvements in a fifteen year period beginning with the first
21 individual apartment improvement on or after June fourteenth, two thou-
22 sand nineteen. Provided further that increases to the legal regulated
23 rent pursuant to this paragraph shall be removed from the legal regu-
24 lated rent thirty years from the date the increase became effective
25 inclusive of any increases granted by the applicable rent guidelines
26 board.
27 § 19. Paragraph 13 of subdivision c of section 26-511 of the adminis-
28 trative code of the city of New York, as amended by section 2 of part K
29 of chapter 36 of the laws of 2019, is amended to read as follows:
30 (13) provides that an owner is entitled to a rent increase where there
31 has been a substantial modification or increase of dwelling space, or
32 installation of new equipment or improvements or new furniture or
33 furnishings provided in or to a tenant's housing accommodation, on writ-
34 ten informed tenant consent to the rent increase. In the case of a
35 vacant housing accommodation, tenant consent shall not be required. The
36 temporary increase in the legal regulated rent for the affected housing
37 accommodation shall be one-one hundred sixty-eighth, in the case of a
38 building with thirty-five or fewer housing accommodations or one-one
39 hundred eightieth in the case of a building with more than thirty-five
40 housing accommodations where such increase takes effect on or after the
41 effective date of the chapter of the laws of two thousand nineteen that
42 amended this paragraph, of the total actual cost incurred by the land-
43 lord in providing such reasonable and verifiable modification or
44 increase in dwelling space, furniture, furnishings, or equipment,
45 including the cost of installation but excluding finance charges and any
46 costs that exceed reasonable costs established by rules and regulations
47 promulgated by the division of housing and community renewal. Such rules
48 and regulations shall include: (i) requirements for work to be done by
49 licensed contractors and prohibit common ownership between the landlord
50 and the contractor or vendor; and (ii) a requirement that the owner
51 resolve within the dwelling space all outstanding hazardous or imme-
52 diately hazardous violations of the Uniform Fire Prevention and Building
53 Code (Uniform Code), New York City Fire Code, or New York City Building
54 and Housing Maintenance Codes, if applicable. Provided further that an
55 owner who is entitled to a rent increase pursuant to this paragraph
56 shall not be entitled to a further rent increase based upon the instal-
S. 6615 33
1 lation of similar equipment, or new furniture or furnishings within the
2 useful life of such new equipment, or new furniture or furnishings.
3 Provided further that the recoverable costs incurred by the landlord,
4 pursuant to this paragraph, shall be limited to an aggregate cost of
5 fifteen thousand dollars that may be expended on no more than three
6 separate individual apartment improvements in a fifteen year period
7 beginning with the first individual apartment improvement on or after
8 June fourteenth, two thousand nineteen. Provided further that increases
9 to the legal regulated rent pursuant to this paragraph shall be removed
10 from the legal regulated rent thirty years from the date the increase
11 became effective inclusive of any increases granted by the applicable
12 rent guidelines board.
13 § 20. Subparagraph (e) of paragraph 1 of subdivision g of section
14 26-405 of the administrative code of the city of New York, as amended by
15 section 3 of part K of chapter 36 of the laws of 2019, is amended to
16 read as follows:
17 (e) The landlord and tenant by mutual voluntary written agreement
18 demonstrating informed consent agree to a substantial increase or
19 decrease in dwelling space or a change in furniture, furnishings or
20 equipment provided in the housing accommodations. An adjustment under
21 this subparagraph shall be equal to one-one hundred sixty-eighth, in the
22 case of a building with thirty-five or fewer housing accommodations or
23 one-one hundred eightieth in the case of a building with more than thir-
24 ty-five housing accommodations where such temporary adjustment takes
25 effect on or after the effective date of the chapter of the laws of two
26 thousand nineteen that amended this subparagraph, of the total actual
27 cost incurred by the landlord in providing such reasonable and verifi-
28 able modification or increase in dwelling space, furniture, furnishings,
29 or equipment, including the cost of installation but excluding finance
30 charges and any costs that exceed reasonable costs established by rules
31 and regulations promulgated by the division of housing and community
32 renewal. Such rules and regulations shall include: (i) requirements for
33 work to be done by licensed contractors and prohibit common ownership
34 between the landlord and the contractor or vendor; and (ii) a require-
35 ment that the owner resolve within the dwelling space all outstanding
36 hazardous or immediately hazardous violations of the Uniform Fire
37 Prevention and Building Code (Uniform Code), New York City Fire Code, or
38 New York City Building and Housing Maintenance Codes, if applicable.
39 Provided further that an owner who is entitled to a rent increase pursu-
40 ant to this subparagraph shall not be entitled to a further rent
41 increase based upon the installation of similar equipment, or new furni-
42 ture or furnishings within the useful life of such new equipment, or new
43 furniture or furnishings. Provided further that the recoverable costs
44 incurred by the landlord, pursuant to this subparagraph shall be limited
45 to an aggregate cost of fifteen thousand dollars that may be expended on
46 no more than three separate individual apartment improvements in a
47 fifteen year period beginning with the first individual apartment
48 improvement on or after June fourteenth, two thousand nineteen. Provided
49 further that increases to the legal regulated rent pursuant to this
50 subparagraph shall be removed from the legal regulated rent thirty years
51 from the date the increase became effective inclusive of any increases
52 granted by the applicable rent guidelines board. The owner shall give
53 written notice to the city rent agency of any such temporary adjustment
54 pursuant to this subparagraph; or
55 § 21. Paragraphs 8 and 12 of subdivision a of section 26-511.1 of the
56 administrative code of the city of New York, as added by section 4 of
S. 6615 34
1 part K of chapter 36 of the laws of 2019, are amended to read as
2 follows:
3 (8) establish that temporary major capital improvement increases shall
4 be collectible prospectively on the first day of the first month begin-
5 ning sixty days from the date of mailing notice of approval to the
6 tenant. Such notice shall disclose the total monthly increase in rent
7 and the first month in which the tenant would be required to pay the
8 temporary increase. An approval for a temporary major capital improve-
9 ment increase shall not include retroactive payments. The collection of
10 any increase shall not exceed two percent in any year from the effective
11 date of the order granting the increase over the rent set forth in the
12 schedule of gross rents, with collectability of any dollar excess above
13 said sum to be spread forward in similar increments and added to the
14 rent as established or set in future years. Upon vacancy, the landlord
15 may add any remaining balance of the temporary major capital improvement
16 increase to the legal regulated rent. Notwithstanding any other
17 provision of the law, for any renewal lease commencing on or after June
18 14, 2019, the collection of any rent increases due to any major capital
19 improvements approved on or after June 16, 2012 and before June 16, 2019
20 shall not exceed two percent in any year [beginning on or after Septem-
21 ber 1, 2019] for any tenant in occupancy on the date the major capital
22 improvement was approved;
23 (12) establish a form in the top six languages other than English
24 spoken in the state according to the latest available data from the U.S.
25 Bureau of Census for a temporary individual apartment improvement rent
26 increase for a tenant in occupancy which shall be used by landlords to
27 obtain written informed consent that shall include the estimated total
28 cost of the improvement and the estimated monthly rent increase. [Such
29 consent shall be executed in the tenant's primary language.] Such form
30 shall be completed and preserved in the centralized electronic retention
31 system to be operational by June 14, 2020. Nothing herein shall relieve
32 a landlord, lessor, or agent thereof of his or her duty to retain proper
33 documentation of all improvements performed or any rent increases
34 resulting from said improvements.
35 § 22. Paragraphs 8 and 12 of subdivision a of section 26-405.1 of the
36 administrative code of the city of New York, as added by section 5 of
37 part K of chapter 36 of the laws of 2019, are amended to read as
38 follows:
39 (8) establish that temporary major capital improvement increases shall
40 be collectible prospectively on the first day of the first month begin-
41 ning sixty days from the date of mailing notice of approval to the
42 tenant. Such notice shall disclose the total monthly increase in rent
43 and the first month in which the tenant would be required to pay the
44 temporary increase. An approval for a temporary major capital improve-
45 ment increase shall not include retroactive payments. The collection of
46 any increase shall not exceed two percent in any year from the effective
47 date of the order granting the increase over the rent set forth in the
48 schedule of gross rents, with collectability of any dollar excess above
49 said sum to be spread forward in similar increments and added to the
50 rent as established or set in future years. Upon vacancy, the landlord
51 may add any remaining balance of the temporary major capital improvement
52 increase to the legal regulated rent. Notwithstanding any other
53 provision of the law, for any renewal lease commencing on or after June
54 14, 2019, the collection of any rent increases due to any major capital
55 improvements approved on or after June 16, 2012 and before June 16, 2019
56 shall not exceed two percent in any year [beginning on or after Septem-
S. 6615 35
1 ber 1, 2019] for any tenant in occupancy on the date the major capital
2 improvement was approved;
3 (12) establish a form in the top six languages other than English
4 spoken in the state according to the latest available data from the U.S.
5 Bureau of Census for a temporary individual apartment improvement rent
6 increase for a tenant in occupancy which shall be used by landlords to
7 obtain written informed consent that shall include the estimated total
8 cost of the improvement and the estimated monthly rent increase. [Such
9 consent shall be executed in the tenant's primary language.] Such form
10 shall be completed and preserved in the centralized electronic retention
11 system to be operational by June 14, 2020. Nothing herein shall relieve
12 a landlord, lessor, or agent thereof of his or her duty to retain proper
13 documentation of all improvements performed or any rent increases
14 resulting from said improvements.
15 § 23. Paragraphs 8 and 12 of subdivision (a) of section 10-b of
16 section 4 of chapter 576 of the laws of 1974, constituting the emergency
17 tenant protection act of nineteen seventy-four, as added by section 6 of
18 part K of chapter 36 of the laws of 2019, are amended to read as
19 follows:
20 8. establish that temporary major capital improvement increases shall
21 be collectible prospectively on the first day of the first month begin-
22 ning sixty days from the date of mailing notice of approval to the
23 tenant. Such notice shall disclose the total monthly increase in rent
24 and the first month in which the tenant would be required to pay the
25 temporary increase. An approval for a temporary major capital improve-
26 ment increase shall not include retroactive payments. The collection of
27 any increase shall not exceed two percent in any year from the effective
28 date of the order granting the increase over the rent set forth in the
29 schedule of gross rents, with collectability of any dollar excess above
30 said sum to be spread forward in similar increments and added to the
31 rent as established or set in future years. Upon vacancy, the landlord
32 may add any remaining balance of the temporary major capital improvement
33 increase to the legal regulated rent. Notwithstanding any other
34 provision of the law, for any renewal lease commencing on or after June
35 14, 2019, the collection of any rent increases due to any major capital
36 improvements approved on or after June 16, 2012 and before June 16, 2019
37 shall not exceed two percent in any year [beginning on or after Septem-
38 ber 1, 2019] for any tenant in occupancy on the date the major capital
39 improvement was approved;
40 12. establish a form in the top six languages other than English
41 spoken in the state according to the latest available data from the U.S.
42 Bureau of Census for a temporary individual apartment improvement rent
43 increase for a tenant in occupancy which shall be used by landlords to
44 obtain written informed consent that shall include the estimated total
45 cost of the improvement and the estimated monthly rent increase. [Such
46 consent shall be executed in the tenant's primary language.] Such form
47 shall be completed and preserved in the centralized electronic retention
48 system to be operational by June 14, 2020. Nothing herein shall relieve
49 a landlord, lessor, or agent thereof of his or her duty to retain proper
50 documentation of all improvements performed or any rent increases
51 resulting from said improvements.
52 § 24. Paragraphs (h) and (l) of subdivision 1 of section 8-a of chap-
53 ter 274 of the laws of 1946, constituting the emergency housing rent
54 control law, as added by section 7 of part K of chapter 36 of the laws
55 of 2019, are amended to read as follows:
S. 6615 36
1 (h) establish that temporary major capital improvement increases shall
2 be collectible prospectively on the first day of the first month begin-
3 ning sixty days from the date of mailing notice of approval to the
4 tenant. Such notice shall disclose the total monthly increase in rent
5 and the first month in which the tenant would be required to pay the
6 temporary increase. An approval for a temporary major capital improve-
7 ment increase shall not include retroactive payments. The collection of
8 any increase shall not exceed two percent in any year from the effective
9 date of the order granting the increase over the rent set forth in the
10 schedule of gross rents, with collectability of any dollar excess above
11 said sum to be spread forward in similar increments and added to the
12 rent as established or set in future years. Upon vacancy, the landlord
13 may add any remaining balance of the temporary major capital improvement
14 increases to the legal regulated rent. Notwithstanding any other
15 provision of the law, for any renewal lease commencing on or after June
16 14, 2019, the collection of any rent increases due to any major capital
17 improvements approved on or after June 16, 2012 and before June 16, 2019
18 shall not exceed two percent in any year [beginning on or after Septem-
19 ber 1, 2019] for any tenant in occupancy on the date the major capital
20 improvement was approved;
21 (l) establish a form in the top six languages other than English
22 spoken in the state according to the latest available data from the U.S.
23 Bureau of Census for a temporary individual apartment improvement rent
24 increase for a tenant in occupancy which shall be used by landlords to
25 obtain written informed consent that shall include the estimated total
26 cost of the improvement and the estimated monthly rent increase. [Such
27 consent shall be executed in the tenant's primary language.] Such form
28 shall be completed and preserved in the centralized electronic retention
29 system to be operational by June 14, 2020. Nothing herein shall relieve
30 a landlord, lessor, or agent thereof of his or her duty to retain proper
31 documentation of all improvements performed or any rent increases
32 resulting from said improvements.
33 § 25. Subparagraph 7 of the second undesignated paragraph of paragraph
34 (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946,
35 constituting the emergency housing rent control law, as amended by
36 section 8 of part K of chapter 36 of the laws of 2019, is amended to
37 read as follows:
38 (7) there has been since March first, nineteen hundred fifty, a major
39 capital improvement essential for the preservation, energy efficiency,
40 functionality, or infrastructure of the entire building, improvement of
41 the structure including heating, windows, plumbing and roofing, but
42 shall not be for operational costs or unnecessary cosmetic improvements;
43 which for any order of the commissioner issued after the effective date
44 of the chapter of the laws of two thousand nineteen that amended this
45 paragraph the cost of such improvement shall be amortized over a twelve-
46 year period for buildings with thirty-five or fewer units or a twelve
47 and one-half year period for buildings with more than thirty-five units,
48 and shall be removed from the legal regulated rent thirty years from the
49 date the increase became effective inclusive of any increases granted by
50 the applicable rent guidelines board. Temporary major capital improve-
51 ment increases shall be collectible prospectively on the first day of
52 the first month beginning sixty days from the date of mailing notice of
53 approval to the tenant. Such notice shall disclose the total monthly
54 increase in rent and the first month in which the tenant would be
55 required to pay the temporary increase. An approval for a temporary
56 major capital improvement increase shall not include retroactive
S. 6615 37
1 payments. The collection of any increase shall not exceed two percent in
2 any year from the effective date of the order granting the increase over
3 the rent set forth in the schedule of gross rents, with collectability
4 of any dollar excess above said sum to be spread forward in similar
5 increments and added to the rent as established or set in future years.
6 Upon vacancy, the landlord may add any remaining balance of the tempo-
7 rary major capital improvement increase to the legal regulated rent.
8 Notwithstanding any other provision of the law, for any renewal lease
9 commencing on or after June 14, 2019, the collection of any rent
10 increases due to any major capital improvements approved on or after
11 June 16, 2012 and before June 16, 2019 shall not exceed two percent in
12 any year [beginning on or after September 1, 2019] for any tenant in
13 occupancy on the date the major capital improvement was approved; or
14 § 26. Paragraph 3 of subdivision d of section 6 of section 4 of chap-
15 ter 576 of the laws of 1974, constituting the emergency tenant
16 protection act of nineteen seventy-four, as amended by section 9 of part
17 K of chapter 36 of the laws of 2019, is amended to read as follows:
18 (3) there has been since January first, nineteen hundred seventy-four
19 a major capital improvement essential for the preservation, energy effi-
20 ciency, functionality, or infrastructure of the entire building,
21 improvement of the structure including heating, windows, plumbing and
22 roofing, but shall not be for operation costs or unnecessary cosmetic
23 improvements. An adjustment under this paragraph shall be in an amount
24 sufficient to amortize the cost of the improvements pursuant to this
25 paragraph over a twelve-year period for a building with thirty-five or
26 fewer housing accommodations, or a twelve and one-half period for a
27 building with more than thirty-five housing accommodations and shall be
28 removed from the legal regulated rent thirty years from the date the
29 increase became effective inclusive of any increases granted by the
30 applicable rent guidelines board, for any determination issued by the
31 division of housing and community renewal after the effective date of
32 the chapter of the laws of two thousand nineteen that amended this para-
33 graph[; the]. Temporary major capital improvement increases shall be
34 collectable prospectively on the first day of the first month beginning
35 sixty days from the date of mailing notice of approval to the tenant.
36 Such notice shall disclose the total monthly increase in rent and the
37 first month in which the tenant would be required to pay the temporary
38 increase. An approval for a temporary major capital improvement increase
39 shall not include retroactive payments. The collection of any increase
40 shall not exceed two percent in any year from the effective date of the
41 order granting the increase over the rent set forth in the schedule of
42 gross rents, with collectability of any dollar excess above said sum to
43 be spread forward in similar increments and added to the rent as estab-
44 lished or set in future years. Upon vacancy, the landlord may add any
45 remaining balance of the temporary major capital improvement increase to
46 the legal regulated rent. Notwithstanding any other provision of the
47 law, the collection of any rent increases for any renewal lease commenc-
48 ing on or after June 14, 2019, due to any major capital improvements
49 approved on or after June 16, 2012 and before June 16, 2019 shall not
50 exceed two percent in any year [beginning on or after September 1, 2019]
51 for any tenant in occupancy on the date the major capital improvement
52 was approved, or
53 § 27. Subparagraph (g) of paragraph 1 of subdivision g of section
54 26-405 of the administrative code of the city of New York, as amended by
55 section 10 of part K of chapter 36 of the laws of 2019, is amended to
56 read as follows:
S. 6615 38
1 (g) There has been since July first, nineteen hundred seventy, a major
2 capital improvement essential for the preservation energy efficiency,
3 functionality, or infrastructure of the entire building, improvement of
4 the structure including heating, windows, plumbing and roofing but shall
5 not be for operational costs or unnecessary cosmetic improvements. The
6 temporary increase based upon a major capital improvement under this
7 subparagraph for any order of the commissioner issued after the effec-
8 tive date of the chapter of the laws of two thousand nineteen that
9 amended this subparagraph shall be in an amount sufficient to amortize
10 the cost of the improvements pursuant to this subparagraph (g) over a
11 twelve-year period for buildings with thirty-five or fewer units or a
12 twelve and one-half year period for buildings with more than thirty-five
13 units, and shall be removed from the legal regulated rent thirty years
14 from the date the increase became effective inclusive of any increases
15 granted by the applicable rent guidelines board. Temporary major capi-
16 tal improvement increases shall be collectible prospectively on the
17 first day of the first month beginning sixty days from the date of mail-
18 ing notice of approval to the tenant. Such notice shall disclose the
19 total monthly increase in rent and the first month in which the tenant
20 would be required to pay the temporary increase. An approval for a
21 temporary major capital improvement increase shall not include retroac-
22 tive payments. The collection of any increase shall not exceed two
23 percent in any year from the effective date of the order granting the
24 increase over the rent set forth in the schedule of gross rents, with
25 collectability of any dollar excess above said sum to be spread forward
26 in similar increments and added to the rent as established or set in
27 future years. Upon vacancy, the landlord may add any remaining balance
28 of the temporary major capital improvement increase to the legal regu-
29 lated rent. Notwithstanding any other provision of the law, for any
30 renewal lease commencing on or after June 14, 2019, the collection of
31 any rent increases due to any major capital improvements approved on or
32 after June 16, 2012 and before June 16, 2019 shall not exceed two
33 percent in any year [beginning on or after September 1, 2019] for any
34 tenant in occupancy on the date the major capital improvement was
35 approved, or
36 § 28. Paragraph 6 of subdivision c of section 26-511 of the adminis-
37 trative code of the city of New York, as amended by section 11 of part K
38 of chapter 36 of the laws of 2019, is amended to read as follows:
39 (6) provides criteria whereby the commissioner may act upon applica-
40 tions by owners for increases in excess of the level of fair rent
41 increase established under this law provided, however, that such crite-
42 ria shall provide (a) as to hardship applications, for a finding that
43 the level of fair rent increase is not sufficient to enable the owner to
44 maintain approximately the same average annual net income (which shall
45 be computed without regard to debt service, financing costs or manage-
46 ment fees) for the three year period ending on or within six months of
47 the date of an application pursuant to such criteria as compared with
48 annual net income, which prevailed on the average over the period nine-
49 teen hundred sixty-eight through nineteen hundred seventy, or for the
50 first three years of operation if the building was completed since nine-
51 teen hundred sixty-eight or for the first three fiscal years after a
52 transfer of title to a new owner provided the new owner can establish to
53 the satisfaction of the commissioner that he or she acquired title to
54 the building as a result of a bona fide sale of the entire building and
55 that the new owner is unable to obtain requisite records for the fiscal
56 years nineteen hundred sixty-eight through nineteen hundred seventy
S. 6615 39
1 despite diligent efforts to obtain same from predecessors in title and
2 further provided that the new owner can provide financial data covering
3 a minimum of six years under his or her continuous and uninterrupted
4 operation of the building to meet the three year to three year compar-
5 ative test periods herein provided; and (b) as to completed building-
6 wide major capital improvements, for a finding that such improvements
7 are deemed depreciable under the Internal Revenue Code and that the cost
8 is to be amortized over a twelve-year period for a building with thir-
9 ty-five or fewer housing accommodations, or a twelve and one-half-year
10 period for a building with more than thirty-five housing accommodations,
11 for any determination issued by the division of housing and community
12 renewal after the effective date of the the chapter of the laws of two
13 thousand nineteen that amended this paragraph and shall be removed from
14 the legal regulated rent thirty years from the date the increase became
15 effective inclusive of any increases granted by the applicable rent
16 guidelines board. Temporary major capital improvement increases shall
17 be collectible prospectively on the first day of the first month begin-
18 ning sixty days from the date of mailing notice of approval to the
19 tenant. Such notice shall disclose the total monthly increase in rent
20 and the first month in which the tenant would be required to pay the
21 temporary increase. An approval for a temporary major capital improve-
22 ment increase shall not include retroactive payments. The collection of
23 any increase shall not exceed two percent in any year from the effective
24 date of the order granting the increase over the rent set forth in the
25 schedule of gross rents, with collectability of any dollar excess above
26 said sum to be spread forward in similar increments and added to the
27 rent as established or set in future years. Upon vacancy, the landlord
28 may add any remaining balance of the temporary major capital improvement
29 increase to the legal regulated rent. Notwithstanding any other
30 provision of the law, for any renewal lease commencing on or after June
31 14, 2019, the collection of any rent increases due to any major capital
32 improvements approved on or after June 16, 2012 and before June 16, 2019
33 shall not exceed two percent in any year [beginning on or after Septem-
34 ber 1, 2019] for any tenant in occupancy on the date the major capital
35 improvement was approved or based upon cash purchase price exclusive of
36 interest or service charges. Notwithstanding anything to the contrary
37 contained herein, no hardship increase granted pursuant to this para-
38 graph shall, when added to the annual gross rents, as determined by the
39 commissioner, exceed the sum of, (i) the annual operating expenses, (ii)
40 an allowance for management services as determined by the commissioner,
41 (iii) actual annual mortgage debt service (interest and amortization) on
42 its indebtedness to a lending institution, an insurance company, a
43 retirement fund or welfare fund which is operated under the supervision
44 of the banking or insurance laws of the state of New York or the United
45 States, and (iv) eight and one-half percent of that portion of the fair
46 market value of the property which exceeds the unpaid principal amount
47 of the mortgage indebtedness referred to in subparagraph (iii) of this
48 paragraph. Fair market value for the purposes of this paragraph shall be
49 six times the annual gross rent. The collection of any increase in the
50 stabilized rent for any apartment pursuant to this paragraph shall not
51 exceed six percent in any year from the effective date of the order
52 granting the increase over the rent set forth in the schedule of gross
53 rents, with collectability of any dollar excess above said sum to be
54 spread forward in similar increments and added to the stabilized rent as
55 established or set in future years;
S. 6615 40
1 § 29. Subdivision (c) of section 18 of part K of chapter 36 of the
2 laws of 2019, amending the emergency tenant protection act of nineteen
3 seventy-four and other laws relating to a temporary increase in rent in
4 certain cases, is amended to read as follows:
5 (c) [effective immediately,] the addition, amendment and/or repeal of
6 any rule or regulation necessary for the implementation of this act on
7 [its effective date are authorized and] and after June 14, 2019 are
8 directed to be made immediately and completed on or before [such effec-
9 tive date] June 14, 2020, provided however that in the absence of such
10 rules and regulations, the division shall immediately commence and
11 continue implementation of all provisions of this act.
12 § 30. Subdivision 2 of section 20 of the public housing law, as added
13 by section 2 of part L of chapter 36 of the laws of 2019, is amended to
14 read as follows:
15 2. The commissioner shall, on or before December thirty-first, two
16 thousand nineteen, and on or before December thirty-first in each subse-
17 quent year, submit and make publicly available a report to the governor,
18 the temporary president of the senate, the speaker of the assembly, and
19 on its website, on the implementation of the system of rent regulation
20 pursuant to chapter five hundred seventy-six of the laws of nineteen
21 hundred seventy-four, chapter two hundred seventy four of the laws of
22 nineteen hundred forty-six, chapter three hundred twenty-nine of the
23 laws of nineteen hundred sixty-three, chapter five hundred fifty-five of
24 the laws of nineteen hundred eighty-two, chapter four hundred two of the
25 laws of nineteen hundred eighty-three, chapter one hundred sixteen of
26 the laws of nineteen hundred ninety-seven, sections 26-501, 26-502, and
27 26-520 of the administrative code of the city of New York and the hous-
28 ing stability and tenant protection act of 2019. Such report shall
29 include but not be limited to: a narrative describing the programs and
30 activities undertaken by the office of rent administration and the
31 tenant protection unit, and any other programs or activities undertaken
32 by the division to implement, administer, and enforce the system of rent
33 regulation; and in tabular format, for each of the three fiscal years
34 immediately preceding the date the report is due: (i) the number of rent
35 stabilized housing accommodations within each county; (ii) the number of
36 rent controlled housing accommodations within each county; (iii) the
37 number of applications for major capital improvements filed with the
38 division, the number of such applications approved as submitted, the
39 number of such applications approved with modifications, and the number
40 of such applications rejected; (iv) the median and mean value of appli-
41 cations for major capital improvements approved; (v) the number of units
42 which were registered with the division where the amount charged to and
43 paid by the tenant was less than the registered rent for the housing
44 accommodation; (vi) for housing accommodations that were registered with
45 the division where the amount charged to and paid by the tenant was less
46 than the registered rent for the housing accommodation, the median and
47 mean difference between the registered rent for a housing accommodation
48 and the amount charged to and paid by the tenant; (vii) the median and
49 mean registered rent for housing accommodations for which the lease was
50 renewed by an existing tenant; (viii) the median and mean registered
51 rent for housing accommodations for which a lease was signed by a new
52 tenant after a vacancy; (ix) the median and mean increase, in dollars
53 and as a percentage, in the registered rent for housing accommodations
54 where the lease was signed by a new tenant after a vacancy; (x) the
55 median and mean increase, in dollars and as a percentage, in the regis-
56 tered rent for housing accommodations where the lease was signed by a
S. 6615 41
1 new tenant after a vacancy, where the amount changed to and paid by the
2 prior tenant was the full registered rent; (xi) the median and mean
3 increase, in dollars and as a percentage, in the registered rent for
4 housing accommodations where the lease was signed by a new tenant after
5 a vacancy, where the amount changed to and paid by the prior tenant was
6 less than the registered rent; (xii) the number of rent overcharge
7 complaints processed by the division; (xiii) the number of final over-
8 charge orders granting an overcharge; (xiv) the number of investigations
9 commenced by the tenant protection unit, the aggregate number of rent
10 stabilized or rent controlled housing accommodations in each county that
11 were the subject of such investigations, and the dispositions of such
12 investigations. At the time the report is due, the commissioner shall
13 make available to the governor, the temporary president of the senate,
14 the speaker of the assembly, and shall make publicly available, and on
15 its website in machine readable format, the data used to tabulate the
16 figures required to be included in the report, taking any steps neces-
17 sary to protect confidential information regarding ongoing investi-
18 gations, individual buildings, housing accommodations, property owners,
19 and tenants.
20 § 31. Subdivision 2 of section 226-c of the real property law, as
21 added by section 3 of part M of chapter 36 of the laws of 2019, is
22 amended to read as follows:
23 2. (a) For the purposes of this section, the required notice shall be
24 based on the cumulative amount of time the tenant has occupied the resi-
25 dence or the length of the tenancy in each lease, whichever is longer.
26 (b) If the tenant has occupied the unit for less than one year and
27 does not have a lease term of at least one year, the landlord shall
28 provide at least thirty days' notice.
29 [(b)] (c) If the tenant has occupied the unit for more than one year
30 but less than two years, or has a lease term of at least one year but
31 less than two years, the landlord shall provide at least sixty days'
32 notice.
33 [(c)] (d) If the tenant has occupied the unit for more than two years
34 or has a lease term of at least two years, the landlord shall provide at
35 least ninety days' notice.
36 § 32. Section 232-a of the real property law, as amended by section 6
37 of part M of chapter 36 of the laws of 2019, is amended to read as
38 follows:
39 § 232-a. Notice to terminate monthly tenancy or tenancy from month to
40 month in the city of New York. No monthly tenant, or tenant from month
41 to month, shall hereafter be removed from any lands or buildings in the
42 city of New York on the grounds of holding over the tenant's term unless
43 pursuant to the notice period required by subdivision two of section two
44 hundred twenty-six-c of this article, or for a tenancy other than a
45 residential tenancy at least thirty days before the expiration of the
46 term, the landlord or the landlord's agent serve upon the tenant, in the
47 same manner in which a notice of petition in summary proceedings is now
48 allowed to be served by law, a notice in writing to the effect that the
49 landlord elects to terminate the tenancy and that unless the tenant
50 removes from such premises on the day designated in the notice, the
51 landlord will commence summary proceedings under the statute to remove
52 such tenant therefrom.
53 § 33. Section 232-b of the real property law, as amended by section 7
54 of part M of chapter 36 of the laws of 2019, is amended to read as
55 follows:
S. 6615 42
1 § 232-b. Notification to terminate monthly tenancy or tenancy from
2 month to month outside the city of New York. A monthly tenancy or tenan-
3 cy from month to month of any lands or buildings located outside of the
4 city of New York may be terminated by the tenant or for a tenancy other
5 than a residential tenancy the landlord, upon the tenant's or non-resi-
6 dential landlord's notifying the landlord or non-residential tenant at
7 least one month before the expiration of the term of the tenant's
8 election to terminate; provided, however, that no notification shall be
9 necessary to terminate a tenancy for a definite term.
10 § 34. Section 29 of part M of chapter 36 of the laws of 2019, amending
11 the real property law, and other laws, in relation to enacting the
12 "statewide housing security and tenant protection act of 2019", is
13 amended to read as follows:
14 § 29. This act shall take effect immediately and shall apply to
15 actions and proceedings commenced on or after such effective date;
16 provided, however, that sections three, six and seven shall take effect
17 on the one hundred twentieth day after this act shall have become a law;
18 provided, further, that section twenty-five of this act shall take
19 effect on the thirtieth day after this act shall have become a law and
20 shall apply to any lease or rental agreement or renewal of a lease or
21 rental agreement entered into on or after such date; and, provided,
22 further, [section] sections five, fourteen, sixteen and seventeen of
23 this act shall take effect on the thirtieth day after this act shall
24 have become a law.
25 § 35. Paragraph 2 of subdivision y of section 233 of the real property
26 law, as added by section 9 of part O of chapter 36 of the laws of 2019,
27 is amended to read as follows:
28 2. Every rent-to-own contract shall be in writing and clearly state
29 all terms, including but not limited to: a description of the home to be
30 leased, including the name of the manufacturer, the serial number and
31 the year of manufacture; the site number upon which the home is located
32 in the manufactured home park; an itemized statement of any payments to
33 be made during the term of the contract, including the initial lot rent,
34 the rental amount for the home, and the amount of the rent-to-own
35 payments; the term of the agreement; the number of payments, itemized,
36 required to be made over the term of the agreement; [the annual percent-
37 age rate of the amount financed] any lien or security interest encumber-
38 ing the manufactured or mobile home, if applicable; and the amount of
39 any additional fees to be paid during the term. A rent-to-own contract
40 shall not require a manufactured home tenant to pay any additional fees
41 for transfer of ownership at the end of the lease period. A rent-to-own
42 contract shall provide that where the rent-to-own tenant pays all rent-
43 to-own payments and other fees established in the contract during the
44 lease term, title transferred at the end of the lease term shall be free
45 of superior interests, liens or encumbrances.
46 § 36. Subparagraph 5 of the second undesignated paragraph of paragraph
47 (a) of subdivision 4 of section 4 of chapter 274 of the laws of 1946,
48 constituting the emergency housing rent control law, as amended by
49 section 25 of part B of chapter 97 of the laws of 2011, is amended to
50 read as follows:
51 (5) the landlord and tenant by mutual voluntary written informed
52 agreement agree to a substantial increase or decrease in dwelling space
53 [or a change in the services], furniture, furnishings or equipment
54 provided in the housing accommodations; provided that an owner shall be
55 entitled to a rent increase where there has been a substantial modifica-
56 tion or increase of dwelling space [or an increase in the services], or
S. 6615 43
1 installation of new equipment or improvements or new furniture or
2 furnishings provided in or to a tenant's housing accommodation. The
3 [permanent] temporary increase in the maximum rent for the affected
4 housing accommodation shall be [one-fortieth] one-one hundred sixty-
5 eighth, in the case of a building with thirty-five or fewer housing
6 accommodations, or [one-sixtieth] one-one hundred eightieth, in the case
7 of a building with more than thirty-five housing accommodations where
8 such [permanent] increase takes effect on or after [September twenty-
9 fourth, two thousand eleven, of the total cost incurred by the landlord
10 in providing such modification or increase in dwelling space, services,
11 furniture, furnishings or equipment, including the cost of installation,
12 but excluding finance charges provided] the effective date of the chap-
13 ter of the laws of two thousand nineteen that amended this subparagraph,
14 of the total actual cost incurred by the landlord up to fifteen thousand
15 dollars in providing such reasonable and verifiable modification or
16 increase in dwelling space, furniture, furnishings, or equipment,
17 including the cost of installation but excluding finance charges and any
18 costs that exceed reasonable costs established by rules and regulations
19 promulgated by the division of housing and community renewal. Such rules
20 and regulations shall include: (i) requirements for work to be done by
21 licensed contractors and a prohibition on common ownership between the
22 landlord and the contractor or vendor; and (ii) a requirement that the
23 owner resolve within the dwelling space all outstanding hazardous or
24 immediately hazardous violations of the uniform fire prevention and
25 building code (Uniform Code), New York city fire code, or New York city
26 building and housing maintenance codes, if applicable. Provided further
27 that an owner who is entitled to a rent increase pursuant to this clause
28 shall not be entitled to a further rent increase based upon the instal-
29 lation of similar equipment, or new furniture or furnishings within the
30 useful life of such new equipment, or new furniture or furnishings.
31 Provided further that the recoverable costs incurred by the landlord,
32 pursuant to this subparagraph, shall be limited to an aggregate cost of
33 fifteen thousand dollars that may be expended on no more than three
34 separate individual apartment improvements in a fifteen year period
35 beginning with the first individual apartment improvement on or after
36 June fourteenth, two thousand nineteen. Provided further that increases
37 to the legal regulated rent pursuant to this paragraph shall be removed
38 from the legal regulated rent thirty years from the date the increase
39 became effective inclusive of any increases granted by the applicable
40 rent guidelines board. The owner shall give written notice to the
41 commission of any such adjustment pursuant to this clause; or
42 § 37. Severability clause. If any clause, sentence, paragraph, subdi-
43 vision, or section of this act shall be adjudged by any court of compe-
44 tent jurisdiction to be invalid, such judgment shall not affect, impair,
45 or invalidate the remainder thereof, but shall be confined in its opera-
46 tion to the clause, sentence, paragraph, subdivision, section or part
47 thereof directly involved in the controversy in which such judgment
48 shall have been rendered. It is hereby declared to be the intent of the
49 legislature that this act would have been enacted even if such invalid
50 provisions had not been included herein.
51 § 38. This act shall take effect immediately and shall be deemed to
52 have been in full force and effect on the same date and in the same
53 manner as chapter 36 of the laws of 2019 took effect; provided, further
54 that:
55 (a) the amendments to chapter 4 of title 26 of the administrative code
56 of the city of New York made by sections one, twelve, fourteen, nine-
S. 6615 44
1 teen, twenty-one and twenty-eight of this act shall expire on the same
2 date as such chapter expires and shall not affect the expiration of such
3 chapter as provided under section 26-520 of such law; and
4 (b) the amendments to sections 26-405 and 26-405.1 of the city rent
5 and rehabilitation law made by sections twenty, twenty-two and twenty-
6 seven of this act shall remain in full force and effect only as long as
7 the public emergency requiring the regulation and control of residential
8 rents and evictions continues, as provided in subdivision 3 of section 1
9 of the local emergency housing rent control act; and
10 (c) sections thirty-one, thirty-two and thirty-three of this act shall
11 take effect on the same date and in the same manner as sections 3, 6 and
12 7 of part M of chapter 36 of the laws of 2019, enacting the "statewide
13 housing security and tenant protection act of 2019", takes effect and
14 shall apply to actions and proceedings commenced on or after such effec-
15 tive date; and
16 (d) section thirty-five of this act shall take effect on the same date
17 and in the same manner as section 9 of part O of chapter 36 of the laws
18 of 2019, takes effect.
19 PART R
20 Section 1. Subparagraph (i) of paragraph 1 of subdivision b of section
21 1612 of the tax law, as amended by section 1 of part I of chapter 61 of
22 the laws of 2017, is amended to read as follows:
23 (i) less ten percent of the total revenue wagered after payout for
24 prizes to be retained by the division for operation, administration, and
25 procurement purposes, provided, however, a vendor track located within
26 Oneida county, within fifteen miles of a Native American class III
27 gaming facility, that has maintained at least ninety percent of full-
28 time equivalent employees as they employed in the year two thousand
29 sixteen, may, for each quarter this subparagraph is effective, withhold
30 up to seventy-five percent of such funds for operational expenses [upon
31 a determination by the gaming commission that such funds are necessary
32 to sustain operation of such vendor track] provided such vendor track
33 has filed an affirmation with the gaming commission certifying that this
34 additional amount is necessary to raise revenues to the same level as
35 expenses during the previous quarter;
36 § 2. This act shall take effect immediately and shall be deemed to
37 have been in full force and effect on and after June 29, 2017; provided,
38 however, that the amendments to subparagraph (i) of paragraph 1 of
39 subdivision b of section 1612 of the tax law made by section one of this
40 act shall not affect the expiration and reversion of such subparagraph
41 and shall expire and revert therewith.
42 PART S
43 Section 1. Clause (B) of subparagraph (ii) of paragraph 1 of subdivi-
44 sion b of section 1612 of the tax law is amended by adding a new
45 subclause 5 to read as follows:
46 (5) forty-nine percent for a video lottery gaming facility authorized
47 pursuant to paragraph five of subdivision a of section sixteen hundred
48 seventeen-a of this article;
49 § 1-a. Clause (A) of subparagraph (iii) of paragraph 1 of subdivision
50 b of section 1612 of the tax law, as added by section 1 of part EE of
51 chapter 59 of the laws of 2019, is amended to read as follows:
S. 6615 45
1 (A) when a vendor track is located within region one and is located
2 within Orange county or region two of development zone two, as such zone
3 is defined in section thirteen hundred ten of the racing, pari-mutuel
4 wagering and breeding law, or is located within region six of such
5 development zone two and is located within Ontario county, the addi-
6 tional vendor fee received by the vendor track shall be calculated
7 pursuant to subclause one of this clause; provided, however, such addi-
8 tional vendor fee shall not exceed ten percent.
9 § 2. Paragraph 2 of subdivision b of section 1612 of the tax law, as
10 amended by section 1 of part OO of chapter 59 of the laws of 2014, is
11 amended to read as follows:
12 2. As consideration for the operation of a video lottery gaming facil-
13 ity, the division, shall cause the investment in the racing industry of
14 a portion of the vendor fee received pursuant to paragraph one of this
15 subdivision in the manner set forth in this subdivision. With the
16 exception of Aqueduct racetrack, a video lottery gaming facility author-
17 ized pursuant to paragraph five of subdivision a of section sixteen
18 hundred seventeen-a of this article or a facility in the county of
19 Nassau or Suffolk operated by a corporation established pursuant to
20 section five hundred two of the racing, pari-mutuel wagering and breed-
21 ing law, each such track shall dedicate a portion of its vendor fees,
22 received pursuant to clause (A), (B), (B-1), (B-2), (C), or (D)[, (E),
23 (F), or (G)] of subparagraph (ii) of paragraph one of this subdivision,
24 for the purpose of enhancing purses at such track, in an amount equal to
25 eight and three-quarters percent of the total revenue wagered at the
26 vendor track after pay out for prizes. One percent of the gross purse
27 enhancement amount, as required by this subdivision, shall be paid to
28 the gaming commission to be used exclusively to promote and ensure
29 equine health and safety in New York. Any portion of such funding to the
30 gaming commission unused during a fiscal year shall be returned to the
31 video lottery gaming operators on a pro rata basis in accordance with
32 the amounts originally contributed by each operator and shall be used
33 for the purpose of enhancing purses at such track. One and one-half
34 percent of the gross purse enhancement amount at a thoroughbred track,
35 as required by this subdivision, shall be paid to an account established
36 pursuant to section two hundred twenty-one-a of the racing, pari-mutuel
37 wagering and breeding law to be used exclusively to provide health
38 insurance for jockeys. In addition, with the exception of Aqueduct race-
39 track, a video lottery gaming facility authorized pursuant to paragraph
40 five of subdivision a of section sixteen hundred seventeen-a of this
41 article or a facility in the county of Nassau or Suffolk operated by a
42 corporation established pursuant to section five hundred two of the
43 racing, pari-mutuel wagering and breeding law, one and one-quarter
44 percent of total revenue wagered at the vendor track after pay out for
45 prizes, received pursuant to clause (A), (B), (B-1), (B-2), (C), or
46 (D)[, (E), (F), or (G)] of subparagraph (ii) of paragraph one of this
47 subdivision, shall be distributed to the appropriate breeding fund for
48 the manner of racing conducted by such track.
49 Provided, further, that nothing in this paragraph shall prevent each
50 track from entering into an agreement, not to exceed five years, with
51 the organization authorized to represent its horsemen to increase or
52 decrease the portion of its vendor fee dedicated to enhancing purses at
53 such track during the years of participation by such track, or to race
54 fewer dates than required herein.
55 § 3. Subdivision h of section 1612 of the tax law, as amended by chap-
56 ter 174 of the laws of 2013, is amended to read as follows:
S. 6615 46
1 h. As consideration for the operation of a video lottery gaming
2 [resort] facility located in [Sullivan county] Orange county, the divi-
3 sion shall cause the investment in the racing industry at the following
4 amount from the vendor fee to be paid as follows:
5 As amount to the horsemen for purses at a licensed racetrack in Sulli-
6 van county [and to the agriculture and New York state horse breeding
7 development fund to maintain racing support payments at the same dollar
8 levels realized in two thousand thirteen, to be adjusted by the consumer
9 price index for all urban consumers, as published annually by the United
10 States department of labor bureau of labor statistics] in an amount
11 equal to eight and three-quarters percent of the total revenue wagered
12 at the video lottery gaming facility, after pay out for prizes. The
13 facility located in Orange county, as defined in paragraph five of
14 subdivision a of section sixteen hundred seventeen-a of this article
15 shall pay to the horsemen at a licensed racetrack at Yonkers racetrack
16 an amount to maintain purses for such horsemen at the same dollar levels
17 realized in two thousand eighteen, to be adjusted by the consumer price
18 index for all urban consumers, as published annually by the United
19 States department of labor bureau of labor statistics. In addition, one
20 and one-quarter percent of total revenue wagered at the video lottery
21 gaming facility after pay out for prizes, received pursuant to clause
22 (B) of subparagraph (ii) of paragraph one of subdivision b of this
23 section, shall be distributed to the appropriate breeding fund for the
24 manner of racing conducted by such track. In no circumstance shall net
25 proceeds of the lottery, including the proceeds from video lottery
26 gaming, be used for the payment of non-lottery expenses of the gaming
27 commission, administrative or otherwise.
28 § 4. Subdivision a of section 1617-a of the tax law is amended by
29 adding three new paragraphs 5, 6, and 7 to read as follows:
30 (5) At a facility located in Orange county to be operated by the enti-
31 ty otherwise licensed to operate video lottery gaming at Monticello
32 racetrack, provided that: (i) such licensed entity is no longer operat-
33 ing video lottery gaming at Monticello racetrack and provided that
34 Monticello racetrack is conducting racing operations; (ii) such facility
35 in Orange county is not sited within a thirty mile radius of the video
36 lottery gaming facility at Yonkers racetrack; and (iii) the licensed
37 entity, its subsidiaries and affiliates, including the entity licensed
38 to operate a commercial gaming facility in Sullivan county, and the
39 entity licensed to operate video lottery gaming at Yonkers racetrack
40 enter into a mitigation agreement, to be approved by the gaming commis-
41 sion, which shall include, but not be limited to, terms that require:
42 (A) the operator of the facility in Orange county to make an annual
43 payment to the entity licensed to operate video lottery gaming or
44 commercial gaming at Yonkers racetrack to account for the effects that
45 siting such facility in Orange county would likely have on the gross
46 gaming revenue of the entity licensed to operate at Yonkers racetrack;
47 (B) employment levels at the affected facilities; and (C) that upon
48 expiration or termination of the agreement, the authority to operate
49 video lottery gaming in Orange county shall cease. Notwithstanding any
50 other provision of this subdivision, at no time shall an entity operat-
51 ing video lottery gaming in Orange county be permitted to apply for or
52 receive a license to operate a commercial gaming facility in that coun-
53 ty.
54 (6) Notwithstanding any other provision of law to the contrary, as a
55 condition of the license to operate a video lottery gaming facility
56 located in Orange county, such operator shall provide an annual certif-
S. 6615 47
1 ication to the New York state gaming commission that the staffing levels
2 at a commercial gaming facility located in zone two, region one pursuant
3 to section thirteen hundred ten of the racing, pari-mutuel wagering and
4 breeding law (or any successor commercial gaming facility located in
5 said region) are no less than one thousand four hundred seventy-three
6 full-time, permanent employees. In furtherance of and without limiting
7 the foregoing, the licensee for the commercial gaming facility located
8 in zone two, region one pursuant to section thirteen hundred ten of the
9 racing, pari-mutuel wagering and breeding law (or any successor commer-
10 cial gaming facility located in such region) shall not conduct any mass,
11 involuntary layoff events that would trigger worker adjustment and
12 retraining notification (WARN) act notifications pursuant to article
13 twenty-five-A of the labor law or otherwise result in the employment
14 levels at such facility dropping below levels mandated by this section.
15 For purposes of this section, "full-time, permanent employee" shall mean
16 an employee who has worked at the facility for a minimum of thirty-five
17 hours per week for not less than four consecutive weeks and who is enti-
18 tled to receive the usual and customary fringe benefits extended to
19 other employees with comparable rank and duties; or two part-time
20 employees who have worked at the facility for a combined minimum of
21 thirty-five hours per week for not less than four consecutive weeks and
22 who are entitled to receive the usual and customary fringe benefits
23 extended to other employees with comparable rank and duties.
24 (7) The village of Monticello, Sullivan county, the town of Thompson,
25 Sullivan county, and Sullivan county shall continue to receive assist-
26 ance payments made pursuant to section fifty-four-l of the state finance
27 law.
28 § 5. Section 54-l of the state finance law is amended by adding a new
29 subdivision 5 to read as follows:
30 5. The town and county in which the facility defined in paragraph five
31 of subdivision a of section sixteen hundred seventeen-a of the tax law
32 is located shall receive assistance payments made pursuant to this
33 section at the same dollar level realized by the village of Monticello,
34 Sullivan county, the town of Thompson, Sullivan county, and Sullivan
35 county. Each village in which the facility defined in paragraph five of
36 subdivision a of section sixteen hundred seventeen-a of the tax law is
37 located shall receive assistance payments made pursuant to this section
38 at the rate of fifty percent of the dollar level realized by the village
39 of Monticello. Any payments made pursuant to this subdivision shall not
40 commence until the facility defined in paragraph five of subdivision a
41 of section sixteen hundred seventeen-a of the tax law has realized
42 revenue for a period of twelve consecutive months.
43 § 6. This act shall take effect immediately; provided, however, that
44 no video lottery gaming may be conducted at any facility within Orange
45 county unless and until the mitigation agreement required by this act is
46 executed by all parties and approved by the gaming commission.
47 PART T
48 Section 1. Subdivisions 11, 12 and 13 of section 140-a of the judici-
49 ary law, as amended by section 1 of part XX of chapter 59 of the laws of
50 2018, are amended to read as follows:
51 11. Eleventh district, [forty] forty-one;
52 12. Twelfth district, [twenty-six] twenty-seven;
53 13. Thirteenth district, [four] five.
S. 6615 48
1 § 2. Subdivision 50 of section 182 of the judiciary law, as amended by
2 chapter 125 of the laws of 1970, is amended to read as follows:
3 50. Tompkins, [two] three;
4 § 3. This act shall take effect immediately; provided, however, that
5 the additional supreme court judges provided for by section one of this
6 act and the additional county court judge provided for by section two of
7 this act shall first be elected at the general election to be held in
8 November 2019 and shall take office January 1, 2020.
9 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
10 sion, section or part of this act shall be adjudged by any court of
11 competent jurisdiction to be invalid, such judgment shall not affect,
12 impair, or invalidate the remainder thereof, but shall be confined in
13 its operation to the clause, sentence, paragraph, subdivision, section
14 or part thereof directly involved in the controversy in which such judg-
15 ment shall have been rendered. It is hereby declared to be the intent of
16 the legislature that this act would have been enacted even if such
17 invalid provisions had not been included herein.
18 § 3. This act shall take effect immediately provided, however, that
19 the applicable effective date of Parts A through T of this act shall be
20 as specifically set forth in the last section of such Parts.
