-  This bill is not active in this session.
 

A08433 Summary:

BILL NOA08433
 
SAME ASSAME AS S06615
 
SPONSORWeinstein
 
COSPNSR
 
MLTSPNSR
 
Amd Various Laws, generally
 
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).
Go to top

A08433 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8433
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 20, 2019
                                       ___________
 
        Introduced  by  M.  of A. WEINSTEIN -- (at request of the Budget Article
          VII) -- read once and referred to the Committee on Ways and Means
 
        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
          responsibilities of the New York state higher education capital match-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13453-05-9

        A. 8433                             2
 
          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)

        A. 8433                             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.

        A. 8433                             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;

        A. 8433                             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-

        A. 8433                             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

        A. 8433                             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

        A. 8433                             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

        A. 8433                             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

        A. 8433                            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.

        A. 8433                            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.

        A. 8433                            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

        A. 8433                            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,

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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.

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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 Center              New York State Olympic Regional
     9                                           Development Authority
    10  8.  Olympic Arena and Convention         New York State Olympic Regional
    11      Center Complex                       Development 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;

        A. 8433                            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[.

        A. 8433                            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,

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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:

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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

        A. 8433                            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-

        A. 8433                            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

        A. 8433                            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-

        A. 8433                            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:

        A. 8433                            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

        A. 8433                            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:

        A. 8433                            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

        A. 8433                            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;

        A. 8433                            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

        A. 8433                            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:

        A. 8433                            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

        A. 8433                            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-

        A. 8433                            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:

        A. 8433                            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:

        A. 8433                            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-

        A. 8433                            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.

        A. 8433                            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.
Go to top