§ 421-a. Exemption of new multiple dwellings from local taxation. 1. The following terms, whenever used or referred to in this section, shall have the following meaning, unless a different meaning clearly appears in the context. a. "Adjusted Monthly Rent." The rent payable per month as provided in the first effective lease or occupancy agreement upon initial occupancy of a rental dwelling unit of a multiple dwelling after construction aided by exemption under this section less the cost of providing parking facilities and electricity, gas, cooking fuel and other utilities other than heat and hot water to occupants of such dwelling units. b. "Floor area." The horizontal areas of the several floors or any portion thereof of a dwelling or dwellings and accessory structures on a lot measured from the exterior faces of exterior walls or from the center line of party walls. c. "Multiple Dwelling." A dwelling which is to be occupied or is occupied as the residence or home of three or more families living independently of one another, whether such dwelling is rented or owned as a cooperative or condominium. A new multiple dwelling shall include new residential construction and the concurrent conversion, alteration or improvement of a pre-existing building or structure provided that (i) for all tax lots now existing or hereafter created, no more than forty-nine percent of the floor area (as defined in paragraph b of this subdivision) of the multiple dwelling consists of the pre-existing building or structure that was converted, altered or improved, and (ii) for tax lots in the city of New York now existing or hereafter created within the following area in the borough of Manhattan, the new residential construction and/or the concurrent conversion, alteration or improvement of the pre-existing building or structure is aided by a grant, loan or subsidy from any federal, state or local agency or instrumentality: beginning at the intersection of the United States pierhead line in the Hudson river and the center line of Chambers street extended, thence easterly to the center line of Chambers street and continuing along the center line of Chambers street to the center line of Centre street, thence southerly along the center line of Centre street to the center line of the Brooklyn Bridge to the intersection of the Brooklyn Bridge and the United States pierhead line in the East river, thence northerly along the United States pierhead line in the East river and the center line of one hundred tenth street extended, thence westerly to the center line of one hundred tenth street and continuing along the center line of one hundred tenth street to its westerly terminus, thence westerly to the intersection of the center line of one hundred tenth street extended and the United States pierhead line in the Hudson river, thence southerly along the United States pierhead line in the Hudson river to the point of beginning. d. "Room Count." Two and one-half rooms for each dwelling unit plus one room for each bedroom plus one room for each additional room separated by either walls or doors plus one-half room for a balcony, provided that kitchens, bathrooms or corridors shall not count as such additional rooms. 2. (a) (i) Within a city having a population of one million or more, new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during construction so long as used at thecompletion of construction for dwelling purposes for a period not to exceed ten years in the aggregate after the taxable status date immediately following the completion thereof, as follows: (A) except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for two years following such period; (B) followed by two years of exemption from eighty per cent of such taxation; (C) followed by two years of exemption from sixty per cent of such taxation; (D) followed by two years of exemption from forty per cent of such taxation; (E) followed by two years of exemption from twenty per cent of such taxation; The following table shall illustrate the computation of the tax exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 100% 2 100 3 80 4 80 5 60 6 60 7 40 8 40 9 20 10 20 (ii) (A) Within a city having a population of one million or more the local housing agency may adopt rules and regulations providing that except in areas excluded by local law new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed fifteen years in the aggregate, as follows: a. except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for eleven years following such period; b. followed by one year of exemption from eighty percent of such taxation; c. followed by one year of exemption from sixty percent of such taxation;d. followed by one year of exemption from forty percent of such taxation; e. followed by one year of exemption from twenty percent of such taxation. (B) The benefits of this subparagraph shall not be available in areas made ineligible for the benefits of this section by a local law enacted pursuant to paragraph (i) of subdivision two of this section, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas. (C) Unless excluded by local law, in the city of New York the benefits of this subparagraph shall be available in the borough of Manhattan for tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street only if: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units be affordable to families of low and moderate income. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 through 11 100% 12 80 13 60 14 40 15 20 (iii) (A) Within a city having a population of one million or more the local housing agency may adopt rules and regulations providing that new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed twenty-five years in the aggregate, provided that the area in which the project is situated is a neighborhood preservation program area as determined by the local housing agency as of June first, nineteen hundred eighty-five, or is a neighborhood preservation area as determined by the New York city planning commission as of June first, nineteen hundred eighty-five, or is an area that was eligible for mortgage insurance provided by the rehabilitation mortgage insurance corporation as of May first, nineteen hundred ninety-two or is an area receiving funding for a neighborhood preservation project pursuant to the neighborhood reinvestment corporation act (42 U.S.C. §§180 et seq.) as of June first, nineteen hundred eighty-five, as follows: a. except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of threeyears immediately following commencement of construction, whichever expires sooner, and for twenty-one years following such period; b. followed by one year of exemption from eighty percent of such taxation; c. followed by one year of exemption from sixty percent of such taxation; d. followed by one year of exemption from forty percent of such taxation; e. followed by one year of exemption from twenty percent of such taxation. (B) The benefits of this subparagraph shall not be available in areas made ineligible for the benefits of this section by a local law enacted pursuant to paragraph (i) of subdivision two of this section, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects. (C) Notwithstanding the provisions of item (A) or (D) of this subparagraph, in the city of New York the benefits of this subparagraph shall not be available in the borough of Manhattan for tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street. (D) In addition to being available in the areas described in item (A) of this subparagraph, the benefits made available pursuant to this subparagraph shall be available where: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units be affordable to families of low and moderate income. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 through 21 100% 22 80 23 60 24 40 25 20 (E) A new multiple dwelling that is situated in (1) a neighborhood preservation program area as determined by the department of housing preservation and development as of June first, nineteen hundred eighty-five, (2) a neighborhood preservation area as determined by the New York city planning commission as of June first, nineteen hundred eighty-five, (3) an area that was eligible for mortgage insurance provided by the rehabilitation mortgage insurance corporation as of May first, nineteen hundred ninety-two, or (4) an area receiving funding for a neighborhood preservation project pursuant to the neighborhood reinvestment corporation act (42 U.S.C. §§ 8101 et seq.) as of June first, nineteen hundred eighty-five, shall not be eligible for the benefits available pursuant to this subparagraph unless it complies with the provisions of subdivision seven of this section.(iv) (A) Unless excluded by local law, in the city of New York, the benefits of this subparagraph shall be available in the borough of Manhattan for new multiple dwellings on tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street which commence construction after July first, nineteen hundred ninety-two and before December twenty-eighth, two thousand ten only if: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units are affordable to families of low and moderate income. (B) Such new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status dates first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed twenty years in the aggregate, as follows: a. except as otherwise provided herein, there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for twelve years following such period; b. followed by two years of exemption from eighty percent of such taxation; c. followed by two years of exemption from sixty percent of such taxation; d. followed by two years of exemption from forty percent of such taxation; e. followed by two years of exemption from twenty percent of such taxation. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS During construction (maximum three years) Exemption 100% Following completion of work year: 1 through 12 100% 13-14 80% 15-16 60% 17-18 40% 19-20 20% (b) In addition to the taxes payable pursuant to the table above, the owner shall pay in each tax year in which such full or partial exemption is in effect, real property taxes and assessments as follows: (i) real property taxes on the assessed valuation of such land and any improvements thereon in effect during the tax year preceding the commencement of such construction without regard to any exemption or abatement from real property taxation in effect prior to such construction which real property taxes shall be calculated on the tax rate in effect at the time such taxes are due; and (ii) all assessments for local improvements.(c) Such multiple dwellings shall be eligible for exemption from taxation pursuant to this section only if: (i) exemption from taxes is not availed of concurrently under any other law and that on or after July first, nineteen hundred seventy-six no preliminary certificate of eligibility or certificate of eligibility issued under this section may be rescinded by the local housing agency to avail the property of the benefits of tax exemption or tax abatement for rehabilitation or new construction under the provisions of any other law, but that prior to July first, nineteen hundred seventy-six the local housing agency may rescind such certificates to avail the property of the benefits of tax exemption or tax abatement under the provisions of any other law; (ii) construction is commenced after January first, nineteen hundred seventy-five and before December twenty-eighth, two thousand ten provided, however, that such commencement period shall not apply to multiple dwellings eligible for benefits under subparagraph (iv) of paragraph (a) of this subdivision; (iii) in the event that, immediately prior to commencement of new construction, such land was improved with a residential building or buildings that have since been substantially demolished, and the new building or buildings contain more than twenty dwelling units, then such new construction shall contain at least five dwelling units for each class A dwelling unit in existence immediately prior to the demolition preceding construction; and (iv) in the event that a project contains more than 100 dwelling units, at least 15 per cent of the dwelling units contain at least three and one-half rooms and at least 10 per cent of the dwelling units contain at least four and one-half rooms, unless a waiver from such requirements is granted by the local housing agency based on hardship. (d) As of July first, nineteen hundred seventy-five, if the aggregate floor area of commercial, community facility and accessory use space exceeds twelve per cent of the aggregate floor area, as defined herein, of any building granted tax exemption pursuant to this section on or subsequent to July first, nineteen hundred seventy-one, tax exemption shall be reduced by an amount equal to the per cent of the aggregate floor area by which the aggregate floor area of commercial, community facility and accessory use space exceeds twelve per cent of the aggregate floor area of the building provided, however, that accessory use space shall not include accessory parking located not more than twenty-three feet above the curb level and provided, further, that whenever a building containing two or more separately assessed parcels of real property has commercial, community facility and accessory use space in excess of such twelve percent, the tax arising out of the reduction in exemption for such excess space shall not be apportioned pro rata among all of the separately assessed parcels in the building but shall be applied first to those separately assessed parcels which are unrelated to the residential use of the building; and only after such unrelated parcels are fully taxable shall the remainder of such tax be apportioned pro rata among the remaining separately assessed parcels and provided further, that no such exemption for commercial, community facility and accessory use space shall be applicable prior to July first, nineteen hundred seventy-five. To be eligible for exemption under this section such construction shall take place on land which, thirty-six months prior to the commencement of such construction, was vacant, predominantly vacant, under-utilized, or improved with a non-conforming use, provided that if such new multiple dwelling displaces or replaces a building or buildings containing more than twenty-five occupied dwelling units in existence on Decemberthirty-first, nineteen hundred seventy-four and administered under the local emergency housing rent control act, the rent stabilization law of nineteen hundred sixty-nine, or the emergency tenant protection act of nineteen seventy-four, such new multiple dwelling shall not be eligible in the city of New York unless a certificate of eviction has been issued for any of the displaced or replaced units pursuant to the powers granted by the city rent and rehabilitation law, and that the sale, transfer or utilization of air rights over residential buildings that were not demolished shall not be construed as a displacement or replacement of the dwelling units contained within those buildings within the meaning of this subdivision. (e) Any provision of this section to the contrary notwithstanding, the following properties shall not be eligible for exemption: (i) any multiple dwelling located in any geographical area where the exemption is eliminated by regulations promulgated by the local housing agency, pursuant to subdivision three of this section, upon a finding by the local housing agency that the need for the tax incentive in such area has been significantly reduced, or that an area should be preserved for mainly non-residential purposes in accordance with local municipal policy; unless construction actually commenced prior to January first, nineteen hundred eighty-two; provided that the local housing agency shall not reduce or eliminate such exemption with respect to multiple dwellings of less than four stories in height, as stories are defined in the multiple dwelling law, except in areas to be preserved for mainly non-residential purposes provided further that no regulation regarding such geographical limitation shall eliminate benefits available pursuant to this section for construction which is commenced within two years from the effective date of such regulation, except in areas to be preserved for mainly non-residential purposes; (ii) any land which is mapped as a public park, provided, however, that this exclusion from eligibility for exemption shall not apply to any land which has been mapped as a public park but which, for a period of ten years or more after the date of such mapping, has not been acquired by the state or the city in which such land is located and with respect to which land the local department of parks and recreation has determined that such land is not required for public park purposes, and that such department has no intention of acquiring such land and that no funds have been allocated for such purpose; (iii) any land which has been utilized for ten or more consecutive years prior to October first, nineteen hundred seventy-one as a "private park" as hereinafter defined. A private park is a privately owned zoning lot in a densely developed area having a minimum size of four thousand square feet, free of all developments and containing only trees, grass, benches, walkways and passive recreational facilities including structures incidental thereto which has been used and maintained during said period for such passive recreational activity by the general public without charge with the consent and participation of the owner thereof; where construction is commenced after December thirty-first, nineteen hundred seventy-two, eligibility shall be determined on the basis of the condition of the land on the first day of October, nineteen hundred seventy-one. (f) Notwithstanding the provisions of any local law for the stabilization of rents in multiple dwellings or the emergency tenant protection act of nineteen seventy-four, the rents of a unit shall be fully subject to control under such local law or such act, unless exempt under such local law or such act from control by reason of the cooperative or condominium status of the unit, for the entire period during which the property is receiving tax benefits pursuant to thissection for the period any such applicable law or act is in effect, whichever is shorter. Thereafter, such rents shall continue to be subject to such control to the same extent and in the same manner as if this section had never applied thereto, except that such rents shall be decontrolled if: (i) with respect to units subject to the provisions of this section on the effective date of this subparagraph such a unit becomes vacant after the expiration of such ten year period or applicable law or act; provided, however, that such units may be decontrolled pursuant to the rent regulation reform act of 1993 and provided further that the rent shall not be decontrolled for a unit which the commissioner of housing and community renewal or a court of competent jurisdiction finds became vacant because the landlord or any person acting on his behalf engaged in any course of conduct, including but not limited to, interruption or discontinuance of essential services which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his use or occupancy of such unit, and, that upon such finding in addition to being subject to any other penalties or remedies permitted by law, the landlord of such unit shall be barred from collecting rent for such unit in excess of that charged to the tenant who vacated such unit until restoration of possession of such tenant, if the tenant so desires, in which case the rent of such tenant shall be established as if such tenant had not vacated such unit, or compliance with such other remedy, including, but not limited to, all remedies provided for by the emergency tenant protection act of nineteen seventy-four for rent overcharge or failure to comply with any order of the commissioner of housing and community renewal, as shall be determined by the commissioner of housing and community renewal to be appropriate; provided, however, that if a tenant fails to accept any such offer of restoration of possession, such unit shall return to rent stabilization at the previously regulated rent; or (ii) with respect to units which become subject to the provisions of this section after the effective date of this subparagraph, such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act shall have expired and either each lease and renewal thereof for such unit for the tenant in residence at the time of such decontrol has included a notice in at least twelve point type informing such tenant that the unit shall become subject to such decontrol upon the expiration of such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act and states the approximate date on which such tax benefit period as provided in the opening paragraph of this paragraph is scheduled to expire; or such unit becomes vacant as provided under subparagraph (i) of this paragraph. (g) For purposes of this section construction shall be deemed "commenced" when excavation or alteration has begun in good faith on the basis of approved construction plans. (h) Anything in this section to the contrary notwithstanding, with regard to a project consisting of two or more multiple dwellings constructed on a contiguous site and containing an aggregate of not less than one thousand dwelling units, each of such multiple dwellings shall be entitled to the exemption set forth herein provided construction of such project be commenced before January first, nineteen hundred seventy-eight and completed no later than a date certain fixed by the local housing agency not to exceed four years from the date of commencement of construction of such project. (i) Authority of city to enact local law. Except as otherwise specified in this section, a city to which this section is applicablemay enact a local law to restrict, limit or condition the eligibility, scope or amount of the benefits under this section in any manner provided that such local law may not grant benefits beyond those provided in this section and provided further that in the city of New York such local law shall not take effect sooner than one year after it is enacted. Notwithstanding the foregoing, the provisions of any local law shall not alter the effect of subdivisions twelve, thirteen, fourteen, and fifteen of this section as they apply on the effective date of such subdivisions, notwithstanding any subsequent amendments to the provisions of law referred to in such subdivisions. 3. Application forms for exemption under this section shall be filed with the assessors between February first and March fifteenth and, based on the certification of the local housing agency as herein provided, the assessors shall certify to the collecting officer the amount of taxes to be abated. If there be in a city of one million population or more a department of housing preservation and development, the term "housing agency" shall mean only such department of housing preservation and development. No such application shall be accepted by the assessors unless accompanied by a certificate of the local housing agency certifying the applicant's eligibility pursuant to subdivisions two and four of this section. No such certification of eligibility shall be issued by the local housing agency until such agency determines the initial adjusted monthly rent to be paid by tenants residing in rental dwelling units contained within the multiple dwelling and the comparative adjusted monthly rent that would have to be paid by such tenants if no tax exemption were applicable as provided by this section. The initial adjusted monthly rent will be certified by the local housing agency as the first rent for the subject dwelling units. A copy of such certification with respect to such units shall be attached by the applicant to the first effective lease or occupancy agreement. The initial adjusted monthly rent shall reflect the full tax exemption benefits as approved by the agency. The agency shall determine the amount of the initial adjusted monthly rent as follows: (i) The total project cost shall be determined by adding the following items: (a) Land acquisition cost or purchase price, if purchased within two years prior to the date on which construction or alteration is commenced; or land acquisition cost or purchase price or an appraisal prepared by a qualified independent appraiser, in such form as is acceptable to the agency, if purchased more than two years prior to such date. Land acquisition cost or purchase price, where used, shall be certified to by an independent certified public accountant; (b) Costs incurred in the process of preparing the site for construction, including but not limited to operating losses, relocation expenses, demolition expenses and carrying charges, such costs to be certified by an independent certified public accountant to a date not more than ninety days prior to the filing of an application for certification of eligibility and the balance of such costs to be estimated; (c) Construction costs for constructing or rehabilitating the multiple dwelling as determined by the agency in accordance with subdivision four of this section, plus such amount, if any, representing unique and special costs as may be allowed by the agency for a particular multiple dwelling; (d) An allowance for estimated off-site costs, including but not limited to architects, engineers and legal fees, interest and taxesduring construction, insurance, title and mortgage fees, as determined by the agency in accordance with subdivision four of this section, and (e) such other amounts as are ordinarily and customarily incurred in connection with the construction or rehabilitation of a multiple dwelling, as determined by the agency in accordance with subdivision four of this section. (ii) The total expenses of the multiple dwelling shall be determined by adding the following items: (a) The amount that the agency determines to be the reasonable annual costs for the continuing maintenance and operation of the multiple dwelling in accordance with subdivision four of this section; (b) The amount that the agency determines to be an appropriate annual provision for vacancies, contingency reserves and management fees in accordance with subdivision four of this section. (c) The projected real property taxes to be levied on the multiple dwelling and the land on which it is situated at the time of estimated initial occupancy; (d) Fourteen (14) per cent of the total project cost, as hereinabove defined, which amount will include all expenses for debt service; and (e) Deducting from said total the estimated annual income to be derived from any commercial, community facility or accessory use space in the building. (iii) The total expenses shall be divided by the room count to provide the adjusted monthly rent per room per month. (iv) The adjusted monthly rent per room per month shall be multiplied by the room count of each rental dwelling unit to provide the initial adjusted monthly rent for such dwelling unit. The agency may allow adjustments in the initial adjusted monthly rent for any particular dwelling units provided that the total of the initial adjusted monthly rents for all of the rental dwelling units in a multiple dwelling shall not exceed the total expenses of such multiple dwelling. The agency shall determine the estimated comparative adjusted monthly rent that would have to be paid if no tax exemption were applicable as provided by this section by adding to the adjusted monthly rent for each dwelling unit as hereinabove computed an amount equal to (a) the difference between the projected real property taxes which would be levied on the multiple dwelling and the land on which it is situated at the time estimated initial occupancy if no tax abatement were applicable as provided by this section and the projected real property taxes hereinabove utilized in connection with the computation of total expenses; (b) divided by the room count of the building as per this section; and (c) multiplied by the applicants approved room count of each such dwelling unit. The local housing agency may promulgate rules and regulations to carry out the provisions of this section, not inconsistent with the provisions hereof, and may require a reasonable filing fee in an amount provided by such rules and regulations. 4. a. After a public hearing the housing agency shall promulgate annually to take effect as of January first of each year the amounts that it determines to be the reasonable amounts in such categories and classifications as may be established by the housing agency, for such items as are generally applicable to all developments and are required to be determined pursuant to subdivision three of this section, which amounts shall be filed with the city clerk and published in a publication of general circulation in the city or the city record, if any, upon adoption by the housing agency. b. The local housing agency may require a filing fee not to exceed the greater of (i) four-tenths of one percent of the total project cost, or(ii) if the building will be owned as a cooperative or condominium, four-tenths of one percent of the total project cost or four-tenths of one percent of the total project sell-out price stated in the last amendment to the offering plan accepted for filing by the attorney general of the state, at the option of the applicant. Such total project cost or total project sell-out price shall be determined pursuant to rules promulgated by the local housing agency. Notwithstanding the foregoing, the local housing agency may promulgate rules imposing an additional fee if an application, or any part thereof, or submission in connection therewith, is defective and such defect delays the processing of such application or causes the local housing agency to expend additional resources in the processing of such application. c. The local housing agency may rely on certification by an architect or engineer submitted by an applicant in connection with the filing of an application for benefits pursuant to this section. A false certification by such architect or engineer shall be deemed to be professional misconduct pursuant to section sixty-five hundred nine of the education law. Any licensee found guilty of such misconduct under the procedures prescribed in section sixty-five hundred ten of the education law shall be subject to the penalties prescribed in section sixty-five hundred eleven of such law, and shall thereafter be ineligible to submit a certification pursuant to this section. 5. An applicant for tax exemption under this section whose project contains more than twenty dwelling units shall notify the local community planning board for the area which is the subject of the application within ten days of submission of the application to the local housing agency. The local community planning board shall have a forty-five day period to file objections to the applicant's eligibility under subdivision two of this section, or to the applicant's failure to comply with the standards adopted by the agency in accordance with subdivision four of this section. The local community board may within such time in its own discretion hold a public hearing to determine whether or not any objections as to eligibility should be filed. In the event the local community board files such objections, the local housing agency shall make a determination and notify such board within forty-five days. When an applicant's project contains more than one hundred fifty dwelling units the local community board may within thirty days of receipt of an applicant's notification request the local housing agency to and the local housing agency shall hold a public hearing solely on the questions of the applicant's eligibility under subdivision two of this section or the applicant's failure to comply with the standards adopted by the agency pursuant to subdivision four of this section. The local housing agency shall hold this hearing and make its determination and notify such board within forty-five days. 6. (a) When used in this subdivision unless a different meaning clearly appears from the context, the following terms shall mean and include: (i) "Covered project." (A) A new building located within the Greenpoint - Williamsburg waterfront exclusion area, (B) two or more buildings which are part of one contiguous development entirely located within the Greenpoint - Williamsburg waterfront exclusion area, (C) two or more buildings which are located within the Greenpoint - Williamsburg waterfront exclusion area and are part of a single development parcel specifically identified in section 62-831 of the local zoning resolution, or (D) where so authorized in writing by the local housing agency, one or more buildings located within the Greenpoint - Williamsburg waterfront exclusion area and one or more buildings located outside the Greenpoint - Williamsburg waterfront exclusion area butwithin Community District Number One in the borough of Brooklyn. The cumulative number of affordable units located outside the Greenpoint - Williamsburg waterfront exclusion area in all covered projects described in clause (D) of this subparagraph shall not exceed two hundred. A building located outside the Greenpoint - Williamsburg waterfront exclusion area which is part of a covered project described in clause (D) of this subparagraph shall not contain any affordable units with respect to which an application pending before a governmental entity on the effective date of this subdivision or a written agreement in effect on the effective date of this subdivision provided for the development of such affordable units. (ii) "Greenpoint - Williamsburg waterfront exclusion area." Any tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of Brooklyn bounded and described as follows: BEGINNING at the intersection of the bulkhead line in the East River and South Fifth Street extended; thence easterly to South Fifth Street and continuing along South Fifth Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of South Fourth Street, thence easterly along South Fourth Street to a point 320 feet from Kent Avenue; thence northerly to a point on South Third Street 320 feet from Kent Avenue; thence westerly on South Third Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of Grand Street; thence westerly along Grand Street to the intersection of River Street; thence northerly along River Street to the intersection of North Third Street; thence easterly along North Third Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of Franklin Street; thence northerly along Franklin Street to the intersection of Quay Street; thence westerly along Quay Street to the intersection of West Street; thence northerly along West Street to the intersection of Eagle Street; thence easterly along Eagle Street to the intersection of Franklin Street; thence northerly along Franklin Street to the intersection of Dupont Street; thence westerly along Dupont Street to the intersection of Commercial Street; thence northerly along Commercial Street to the intersection of Manhattan Avenue; thence northerly along Manhattan Avenue to its northerly terminus; thence northerly to the intersection of Manhattan Avenue extended and the bulkhead line in Newtown Creek, thence westerly along the bulkhead line in Newtown Creek and continuing southerly along the United States pierhead line in the East River to the place of beginning; included in said area are all piers and other projections from the bulkhead line into the East River or Newtown Creek. (b) No benefits under the provisions of this section shall be conferred on any covered project located in the Greenpoint - Williamsburg waterfront exclusion area unless such project shall provide affordable housing for persons and families of low and moderate income that meets one of the following conditions: (i) not less than twenty percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed eighty percent of the area median incomes adjusted for family size; or (ii) not less than ten percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed eighty percent of the area median incomes adjusted for family size and not less than an additional fifteen percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancydo not exceed one hundred twenty-five percent of the area median incomes adjusted for family size. (c) Unless affordable units are developed under a federal, state or city program having contrary requirements, (i) all affordable units must have a comparable number of bedrooms as market rate units and a unit mix proportional to the market rate units, or (ii) at least fifty percent of the affordable units must have two or more bedrooms and no more than fifty percent of the remaining units can be smaller than one bedroom. (d) Unless affordable units are developed under a federal or state program having contrary requirements, residents of the local community shall have priority for the purchase or rental of fifty percent of the affordable units. (e) In order to ensure that affordable units created pursuant to this subdivision will continue to be affordable for the life of the covered project, the local housing agency shall employ mechanisms, including, but not limited to, regulatory agreements, deed restrictions, resale restrictions, occupancy requirements, and such other instruments or requirements as it may deem necessary, and shall establish legal remedies to enforce such mechanisms. (f) With respect to any covered project located entirely within the Greenpoint - Williamsburg waterfront exclusion area, the period of tax benefits awarded to any building in such covered project shall be the same as the period of tax benefits awarded under clause (A) of subparagraph (iii) of paragraph (a) of subdivision two of this section. With respect to any covered project which includes one or more buildings located outside the Greenpoint - Williamsburg waterfront exclusion area, the period of tax benefits awarded to any building in such covered project that is located within the Greenpoint - Williamsburg waterfront exclusion area shall be the same as the period of tax benefits awarded under clause (A) of subparagraph (ii) of paragraph (a) of subdivision two of this section. 7. (a) For the purposes of this subdivision: (i) "affordable units" shall mean units which meet the affordability requirements set forth in paragraph (c) of this subdivision. (ii) "geographic exclusion areas" shall mean: (A) areas described in subdivision eleven of this section, (B) in the borough of Manhattan tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street, and (C) areas made ineligible for the benefits of this section: (1) as set forth in section 11-245 of the administrative code of the city of New York on the effective date of this subdivision, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas, (2) as set forth in local law number fifty-eight of the city of New York for the year two thousand six, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas and notwithstanding the effective date of such law, and (3) by local law after the effective date of this subdivision. (b) Notwithstanding any provision of this section or any local law to the contrary, the benefits of this section shall not be available for new multiple dwellings located in a geographic exclusion area which commence construction after December twenty-eighth, two thousand seven unless they comply with the provisions of this subdivision for thirty-five years from completion of construction of the building receiving benefits pursuant to this section. (c)(i) Not less than twenty percent of the units in the multiple dwelling must, upon the initial rental or sale of the units and upon allsubsequent rentals of the units after a vacancy, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed sixty percent of the area median incomes adjusted for family size or (ii) if the construction of such building is carried out with substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality and such assistance is provided pursuant to a program for the development of affordable housing, not less than twenty percent of the units in the multiple dwelling must, either (A) upon the initial rental of the units and upon all subsequent rentals of the units after a vacancy, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed one hundred twenty percent of the area median incomes adjusted for family size and, where the multiple dwelling contains more than twenty-five units, do not exceed an average of ninety percent of the area median incomes adjusted for family size, or (B) upon the initial sale of the units, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed one hundred twenty-five percent of the area median incomes adjusted for family size. (d) Unless preempted by federal requirements: (i) all affordable units must have a comparable number of bedrooms as market rate units and a unit mix proportional to the market rate units, or at least fifty percent of the affordable units must have two or more bedrooms and no more than fifty percent of the remaining units can be smaller than one bedroom or in addition to the requirements of paragraph (c) of this subdivision, the floor area of affordable units is no less than twenty percent of the total floor area of all dwelling units; and (ii) residents of the community board where the multiple dwelling which receives the benefits provided in this section is located shall, upon initial occupancy, have priority for the purchase or rental of fifty percent of the affordable units. (e) Notwithstanding any provision of law to the contrary, affordable rental units must remain as rent stabilized units for thirty-five years from completion of construction provided that tenants holding a lease and in occupancy at the expiration of the rent stabilization period shall have the right to remain as rent stabilized tenants for the duration of their occupancy. (f) All affordable units must be situated onsite. For the purposes of this section, "onsite" shall mean that affordable units shall be situated within the building or buildings for which benefits pursuant to this section are being granted. (g) The limitations on eligibility for benefits contained in this subdivision shall be in addition to those contained in this section and in any other law or regulation. 8. (a) As used in this subdivision, the following terms shall have the following meanings: (i) "Building service employee" means any person who is regularly employed at a building who performs work in connection with the care or maintenance of such building. "Building service employee" includes, but is not limited to superintendent, watchman, guard, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, elevator operator and starter, and window cleaner, but shall not include persons regularly scheduled to work fewer than eight hours per week in the building. (ii) "Prevailing wage" means the wage determined by the fiscal officer to be prevailing for the various classes of building service employees in the locality pursuant to section two hundred thirty of the labor law.(b) No benefits under this section shall be conferred for any construction commenced on or after December twenty-eighth, two thousand seven for any tax lots now existing or hereafter created except where the applicant agrees that all building service employees employed at the building, whether employed directly by the applicant or its successors, or through a property management company or a contractor, shall receive the applicable prevailing wage for the duration of the building's tax exemption. (c) The limitations contained in paragraph (b) of this subdivision shall not be applicable to: (i) projects containing less than fifty dwelling units; or (ii) buildings where the local housing agency certifies that at initial occupancy at least fifty percent of the dwelling units are affordable to individuals or families with a gross household income at or below one hundred twenty-five percent of the area median income and that any such units which are located in rental buildings will be subject to restrictions to insure that they will remain affordable for the entire period during which they receive benefits under this section. (d) The local housing agency shall prescribe appropriate sanctions for failure to comply with the provisions of this subdivision. (e) Solely for purposes of paragraph (b) of this subdivision, construction shall be deemed to have commenced when excavation or alteration has begun in good faith on the basis of approved construction plans. (f) The limitations on eligibility for benefits contained in this subdivision shall be in addition to those contained in any other law or regulation. 9. (a) As used in this subdivision, the following terms shall have the following meanings: (i) "Residential tax lot" shall mean a tax lot that contains dwelling units. (ii) "Non-residential tax lot" shall mean a tax lot that does not contain any dwelling units. (iii) "Annual limit" shall mean sixty-five thousand dollars, which amount shall be increased by three percent, compounded annually, on each taxable status date following the first anniversary of the effective date of this subdivision. (iv) "Certificate of occupancy" shall mean the first certificate of occupancy covering all residential areas of the building on or containing a tax lot. (v) "Unit count" shall mean: (A) in the case of a residential tax lot that does not contain any commercial, community facility or accessory use space, the number of dwelling units in such tax lot, and (B) in the case of a residential tax lot that contains commercial, community facility or accessory use space, the number of dwelling units in such tax lot plus one. (vi) "Exemption cap" shall mean the unit count multiplied by the annual limit. (b) The provisions of this subdivision shall apply only to projects that commence construction on or after December twenty-eighth, two thousand seven. (c) The portion of the assessed valuation of any residential tax lot exempted from real property taxation in any year pursuant to this section shall not exceed the exemption cap on or after the first taxable status date after the building on or containing such tax lot receives its certificate of occupancy, unless, it complies with the requirements of item a or b of clause (D) of subparagraph (iii) of paragraph (a) ofsubdivision two of this section or the requirements of item a or b of clause (A) of subparagraph (iv) of paragraph (a) of subdivision two of this section. The portion of the assessed valuation of all non-residential tax lots in the building on or containing such non-residential tax lots exempted from real property taxation in any year pursuant to this section shall not exceed a cumulative total equal to the annual limit on or after the first taxable status date after the building on or containing such non-residential tax lots receives its certificate of occupancy. A dwelling unit that is located in two or more tax lots shall be ineligible to receive any benefits under this section. 10. (a) The local housing agency shall implement procedures to insure that affordable units created pursuant to this section, or units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section, continue to be affordable as required by the provisions of this section or such local law, and that units made subject to rent stabilization remain subject thereto as required by the provisions of this section. Such procedures shall include but shall not be limited to the following: (i) all rent stabilization registrations required to be filed on or after January first, two thousand eight shall contain a designation which identifies all units that are subject to the provisions of this section as "421-a units" and specifically identifies affordable units created pursuant to this section and units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section as "421-a affordable units" and shall contain an explanation of the requirements that apply to all such units. The owner of a unit that is subject to the provisions of this section shall, in addition to complying with the requirements of section 26-517 of the rent stabilization law, file a copy of the rent registration for each such unit with the local housing agency; (ii) the local housing agency with cooperation of the division of housing and community renewal shall monitor and enforce compliance with the filing requirements of this section; (iii) the local housing agency shall create a report which, at a minimum, contains the following information for every building which receives benefits pursuant to this section: address, commencement and termination date of the benefits, total number of residential units, number of "421-a units" and number of "421-a affordable units", apartment number or other designation of such units and the rent for each of such units. The local housing agency with the cooperation of the division of housing and community renewal shall maintain, and update such report no less than annually, with information secured from annual registrations. Such reports shall be available for public inspection in a form that assigns a unique designation to each unit other than its actual apartment number to maintain the privacy of such information; and (iv) the local housing agency shall monitor any change in such information, shall investigate any such changes which indicate a failure to comply with the provisions of this section, and shall take appropriate action based on its findings. (b) Failure to comply with the provisions of this section which require the creation and maintenance of affordable units pursuant to this section, or units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section, at any time during the duration of the building's tax exemption shall result in revocation of any benefits under this section for the period of such non-compliance.If an on-going pattern of non-compliance is found to exist, such benefits may be revoked from their inception. Notwithstanding the revocation of benefits for a building pursuant to the provisions of this subdivision, all units in such building shall continue to remain subject to the provisions of the rent stabilization law for the entire intended period as if the benefits had not been revoked. (c) The provisions of this subdivision relating to enforcement of the provisions of this section shall be in addition to any other provisions contained in this section or any other law. (d) The revocation of benefits for noncompliance with this section shall not exempt any unit from continued compliance with the requirements of this section. 11. Additional geographic exclusion areas: (a) Any tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of Brooklyn bounded and described as follows: (i) In the County of Kings, Beginning at a point where Warwick Street meets Belmont Avenue, thence westerly along said avenue to Jerome Street, thence southerly along said street to Sutter Avenue, thence westerly on said avenue to Barbey Street, thence northerly along said street to Belmont Avenue, thence westerly on said avenue to New Jersey Avenue, thence southerly on said avenue to Sutter Avenue, thence westerly on said avenue to Pennsylvania Avenue, thence northerly on said avenue to Belmont Avenue, thence westerly on said avenue to Sheffield Avenue, thence southerly on said avenue to Sutter Avenue, thence westerly on said avenue to Snediker Avenue, thence northerly on said avenue to William's Place, thence northerly on said place to Fulton Street, thence easterly on said street to Jamaica Avenue, thence easterly on said avenue to Van Siclen Avenue, thence southerly on said avenue to Arlington Avenue, thence easterly on said avenue to Warwick Street, thence southerly on said street to Atlantic Avenue, thence westerly on said avenue to Jerome Street, thence southerly on said street to Liberty Avenue, thence easterly on said avenue to Warwick Street, thence southerly along said street to its intersection with Belmont Avenue, the point of beginning. (ii) In the County of Kings, Beginning at a point where Bushwick Avenue meets with Stewart Street, thence southwesterly on said street to Broadway, thence southeasterly on Broadway to Conway Street, thence southwesterly on said street to Truxton Street, thence westerly on said street to Sackman Street, thence southerly on said street to Atlantic Avenue, thence westerly on said avenue to Howard Avenue, thence northerly on said avenue to MacDougal Street, thence westerly on said street to Fulton Street, thence westerly on said street to Patchen Avenue, thence northerly on said avenue to Hancock Street, thence easterly on said street to Saratoga Avenue, thence northerly on said avenue to a point midway between Hancock Street and Jefferson Avenue, thence easterly along the line extended to the northern intersection of Broadway and Hancock Street, thence northerly along Hancock Street to Bushwick Avenue, thence easterly along said avenue to its intersection with Stewart Street, the point of beginning. (iii) In the County of Kings, Beginning at a point where Prospect Place meets Ralph Avenue, thence southerly along said avenue to Sutter Avenue, thence westerly along said avenue to east 98th Street, thence southeasterly along said street to Rutland Road, thence southwesterly along said road to East 92nd Street, thence northwesterly along said street to East New York Avenue, thence southerly along said avenue to Lefferts Avenue, thence westerly along said avenue to Utica Avenue, thence northerly along said avenue to Lincoln Place, thence easterly onsaid place to Rochester Avenue, thence northerly on said avenue to St. Mark's Avenue thence easterly on St. Mark's Avenue to Buffalo Avenue, thence southerly on said avenue to Prospect Place, thence west
§ 421-a. Exemption of new multiple dwellings from local taxation. 1. The following terms, whenever used or referred to in this section, shall have the following meaning, unless a different meaning clearly appears in the context. a. "Adjusted Monthly Rent." The rent payable per month as provided in the first effective lease or occupancy agreement upon initial occupancy of a rental dwelling unit of a multiple dwelling after construction aided by exemption under this section less the cost of providing parking facilities and electricity, gas, cooking fuel and other utilities other than heat and hot water to occupants of such dwelling units. b. "Floor area." The horizontal areas of the several floors or any portion thereof of a dwelling or dwellings and accessory structures on a lot measured from the exterior faces of exterior walls or from the center line of party walls. c. "Multiple Dwelling." A dwelling which is to be occupied or is occupied as the residence or home of three or more families living independently of one another, whether such dwelling is rented or owned as a cooperative or condominium. A new multiple dwelling shall include new residential construction and the concurrent conversion, alteration or improvement of a pre-existing building or structure provided that (i) for all tax lots now existing or hereafter created, no more than forty-nine percent of the floor area (as defined in paragraph b of this subdivision) of the multiple dwelling consists of the pre-existing building or structure that was converted, altered or improved, and (ii) for tax lots in the city of New York now existing or hereafter created within the following area in the borough of Manhattan, the new residential construction and/or the concurrent conversion, alteration or improvement of the pre-existing building or structure is aided by a grant, loan or subsidy from any federal, state or local agency or instrumentality: beginning at the intersection of the United States pierhead line in the Hudson river and the center line of Chambers street extended, thence easterly to the center line of Chambers street and continuing along the center line of Chambers street to the center line of Centre street, thence southerly along the center line of Centre street to the center line of the Brooklyn Bridge to the intersection of the Brooklyn Bridge and the United States pierhead line in the East river, thence northerly along the United States pierhead line in the East river and the center line of one hundred tenth street extended, thence westerly to the center line of one hundred tenth street and continuing along the center line of one hundred tenth street to its westerly terminus, thence westerly to the intersection of the center line of one hundred tenth street extended and the United States pierhead line in the Hudson river, thence southerly along the United States pierhead line in the Hudson river to the point of beginning. d. "Room Count." Two and one-half rooms for each dwelling unit plus one room for each bedroom plus one room for each additional room separated by either walls or doors plus one-half room for a balcony, provided that kitchens, bathrooms or corridors shall not count as such additional rooms. 2. (a) (i) Within a city having a population of one million or more, new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during construction so long as used at thecompletion of construction for dwelling purposes for a period not to exceed ten years in the aggregate after the taxable status date immediately following the completion thereof, as follows: (A) except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for two years following such period; (B) followed by two years of exemption from eighty per cent of such taxation; (C) followed by two years of exemption from sixty per cent of such taxation; (D) followed by two years of exemption from forty per cent of such taxation; (E) followed by two years of exemption from twenty per cent of such taxation; The following table shall illustrate the computation of the tax exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 100% 2 100 3 80 4 80 5 60 6 60 7 40 8 40 9 20 10 20 (ii) (A) Within a city having a population of one million or more the local housing agency may adopt rules and regulations providing that except in areas excluded by local law new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed fifteen years in the aggregate, as follows: a. except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for eleven years following such period; b. followed by one year of exemption from eighty percent of such taxation; c. followed by one year of exemption from sixty percent of such taxation;d. followed by one year of exemption from forty percent of such taxation; e. followed by one year of exemption from twenty percent of such taxation. (B) The benefits of this subparagraph shall not be available in areas made ineligible for the benefits of this section by a local law enacted pursuant to paragraph (i) of subdivision two of this section, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas. (C) Unless excluded by local law, in the city of New York the benefits of this subparagraph shall be available in the borough of Manhattan for tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street only if: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units be affordable to families of low and moderate income. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 through 11 100% 12 80 13 60 14 40 15 20 (iii) (A) Within a city having a population of one million or more the local housing agency may adopt rules and regulations providing that new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed twenty-five years in the aggregate, provided that the area in which the project is situated is a neighborhood preservation program area as determined by the local housing agency as of June first, nineteen hundred eighty-five, or is a neighborhood preservation area as determined by the New York city planning commission as of June first, nineteen hundred eighty-five, or is an area that was eligible for mortgage insurance provided by the rehabilitation mortgage insurance corporation as of May first, nineteen hundred ninety-two or is an area receiving funding for a neighborhood preservation project pursuant to the neighborhood reinvestment corporation act (42 U.S.C. §§180 et seq.) as of June first, nineteen hundred eighty-five, as follows: a. except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of threeyears immediately following commencement of construction, whichever expires sooner, and for twenty-one years following such period; b. followed by one year of exemption from eighty percent of such taxation; c. followed by one year of exemption from sixty percent of such taxation; d. followed by one year of exemption from forty percent of such taxation; e. followed by one year of exemption from twenty percent of such taxation. (B) The benefits of this subparagraph shall not be available in areas made ineligible for the benefits of this section by a local law enacted pursuant to paragraph (i) of subdivision two of this section, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects. (C) Notwithstanding the provisions of item (A) or (D) of this subparagraph, in the city of New York the benefits of this subparagraph shall not be available in the borough of Manhattan for tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street. (D) In addition to being available in the areas described in item (A) of this subparagraph, the benefits made available pursuant to this subparagraph shall be available where: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units be affordable to families of low and moderate income. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 through 21 100% 22 80 23 60 24 40 25 20 (E) A new multiple dwelling that is situated in (1) a neighborhood preservation program area as determined by the department of housing preservation and development as of June first, nineteen hundred eighty-five, (2) a neighborhood preservation area as determined by the New York city planning commission as of June first, nineteen hundred eighty-five, (3) an area that was eligible for mortgage insurance provided by the rehabilitation mortgage insurance corporation as of May first, nineteen hundred ninety-two, or (4) an area receiving funding for a neighborhood preservation project pursuant to the neighborhood reinvestment corporation act (42 U.S.C. §§ 8101 et seq.) as of June first, nineteen hundred eighty-five, shall not be eligible for the benefits available pursuant to this subparagraph unless it complies with the provisions of subdivision seven of this section.(iv) (A) Unless excluded by local law, in the city of New York, the benefits of this subparagraph shall be available in the borough of Manhattan for new multiple dwellings on tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street which commence construction after July first, nineteen hundred ninety-two and before December twenty-eighth, two thousand ten only if: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units are affordable to families of low and moderate income. (B) Such new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status dates first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed twenty years in the aggregate, as follows: a. except as otherwise provided herein, there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for twelve years following such period; b. followed by two years of exemption from eighty percent of such taxation; c. followed by two years of exemption from sixty percent of such taxation; d. followed by two years of exemption from forty percent of such taxation; e. followed by two years of exemption from twenty percent of such taxation. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS During construction (maximum three years) Exemption 100% Following completion of work year: 1 through 12 100% 13-14 80% 15-16 60% 17-18 40% 19-20 20% (b) In addition to the taxes payable pursuant to the table above, the owner shall pay in each tax year in which such full or partial exemption is in effect, real property taxes and assessments as follows: (i) real property taxes on the assessed valuation of such land and any improvements thereon in effect during the tax year preceding the commencement of such construction without regard to any exemption or abatement from real property taxation in effect prior to such construction which real property taxes shall be calculated on the tax rate in effect at the time such taxes are due; and (ii) all assessments for local improvements.(c) Such multiple dwellings shall be eligible for exemption from taxation pursuant to this section only if: (i) exemption from taxes is not availed of concurrently under any other law and that on or after July first, nineteen hundred seventy-six no preliminary certificate of eligibility or certificate of eligibility issued under this section may be rescinded by the local housing agency to avail the property of the benefits of tax exemption or tax abatement for rehabilitation or new construction under the provisions of any other law, but that prior to July first, nineteen hundred seventy-six the local housing agency may rescind such certificates to avail the property of the benefits of tax exemption or tax abatement under the provisions of any other law; (ii) construction is commenced after January first, nineteen hundred seventy-five and before December twenty-eighth, two thousand ten provided, however, that such commencement period shall not apply to multiple dwellings eligible for benefits under subparagraph (iv) of paragraph (a) of this subdivision; (iii) in the event that, immediately prior to commencement of new construction, such land was improved with a residential building or buildings that have since been substantially demolished, and the new building or buildings contain more than twenty dwelling units, then such new construction shall contain at least five dwelling units for each class A dwelling unit in existence immediately prior to the demolition preceding construction; and (iv) in the event that a project contains more than 100 dwelling units, at least 15 per cent of the dwelling units contain at least three and one-half rooms and at least 10 per cent of the dwelling units contain at least four and one-half rooms, unless a waiver from such requirements is granted by the local housing agency based on hardship. (d) As of July first, nineteen hundred seventy-five, if the aggregate floor area of commercial, community facility and accessory use space exceeds twelve per cent of the aggregate floor area, as defined herein, of any building granted tax exemption pursuant to this section on or subsequent to July first, nineteen hundred seventy-one, tax exemption shall be reduced by an amount equal to the per cent of the aggregate floor area by which the aggregate floor area of commercial, community facility and accessory use space exceeds twelve per cent of the aggregate floor area of the building provided, however, that accessory use space shall not include accessory parking located not more than twenty-three feet above the curb level and provided, further, that whenever a building containing two or more separately assessed parcels of real property has commercial, community facility and accessory use space in excess of such twelve percent, the tax arising out of the reduction in exemption for such excess space shall not be apportioned pro rata among all of the separately assessed parcels in the building but shall be applied first to those separately assessed parcels which are unrelated to the residential use of the building; and only after such unrelated parcels are fully taxable shall the remainder of such tax be apportioned pro rata among the remaining separately assessed parcels and provided further, that no such exemption for commercial, community facility and accessory use space shall be applicable prior to July first, nineteen hundred seventy-five. To be eligible for exemption under this section such construction shall take place on land which, thirty-six months prior to the commencement of such construction, was vacant, predominantly vacant, under-utilized, or improved with a non-conforming use, provided that if such new multiple dwelling displaces or replaces a building or buildings containing more than twenty-five occupied dwelling units in existence on Decemberthirty-first, nineteen hundred seventy-four and administered under the local emergency housing rent control act, the rent stabilization law of nineteen hundred sixty-nine, or the emergency tenant protection act of nineteen seventy-four, such new multiple dwelling shall not be eligible in the city of New York unless a certificate of eviction has been issued for any of the displaced or replaced units pursuant to the powers granted by the city rent and rehabilitation law, and that the sale, transfer or utilization of air rights over residential buildings that were not demolished shall not be construed as a displacement or replacement of the dwelling units contained within those buildings within the meaning of this subdivision. (e) Any provision of this section to the contrary notwithstanding, the following properties shall not be eligible for exemption: (i) any multiple dwelling located in any geographical area where the exemption is eliminated by regulations promulgated by the local housing agency, pursuant to subdivision three of this section, upon a finding by the local housing agency that the need for the tax incentive in such area has been significantly reduced, or that an area should be preserved for mainly non-residential purposes in accordance with local municipal policy; unless construction actually commenced prior to January first, nineteen hundred eighty-two; provided that the local housing agency shall not reduce or eliminate such exemption with respect to multiple dwellings of less than four stories in height, as stories are defined in the multiple dwelling law, except in areas to be preserved for mainly non-residential purposes provided further that no regulation regarding such geographical limitation shall eliminate benefits available pursuant to this section for construction which is commenced within two years from the effective date of such regulation, except in areas to be preserved for mainly non-residential purposes; (ii) any land which is mapped as a public park, provided, however, that this exclusion from eligibility for exemption shall not apply to any land which has been mapped as a public park but which, for a period of ten years or more after the date of such mapping, has not been acquired by the state or the city in which such land is located and with respect to which land the local department of parks and recreation has determined that such land is not required for public park purposes, and that such department has no intention of acquiring such land and that no funds have been allocated for such purpose; (iii) any land which has been utilized for ten or more consecutive years prior to October first, nineteen hundred seventy-one as a "private park" as hereinafter defined. A private park is a privately owned zoning lot in a densely developed area having a minimum size of four thousand square feet, free of all developments and containing only trees, grass, benches, walkways and passive recreational facilities including structures incidental thereto which has been used and maintained during said period for such passive recreational activity by the general public without charge with the consent and participation of the owner thereof; where construction is commenced after December thirty-first, nineteen hundred seventy-two, eligibility shall be determined on the basis of the condition of the land on the first day of October, nineteen hundred seventy-one. (f) Notwithstanding the provisions of any local law for the stabilization of rents in multiple dwellings or the emergency tenant protection act of nineteen seventy-four, the rents of a unit shall be fully subject to control under such local law or such act, unless exempt under such local law or such act from control by reason of the cooperative or condominium status of the unit, for the entire period during which the property is receiving tax benefits pursuant to thissection for the period any such applicable law or act is in effect, whichever is shorter. Thereafter, such rents shall continue to be subject to such control to the same extent and in the same manner as if this section had never applied thereto, except that such rents shall be decontrolled if: (i) with respect to units subject to the provisions of this section on the effective date of this subparagraph such a unit becomes vacant after the expiration of such ten year period or applicable law or act; provided, however, that such units may be decontrolled pursuant to the rent regulation reform act of 1993 and provided further that the rent shall not be decontrolled for a unit which the commissioner of housing and community renewal or a court of competent jurisdiction finds became vacant because the landlord or any person acting on his behalf engaged in any course of conduct, including but not limited to, interruption or discontinuance of essential services which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his use or occupancy of such unit, and, that upon such finding in addition to being subject to any other penalties or remedies permitted by law, the landlord of such unit shall be barred from collecting rent for such unit in excess of that charged to the tenant who vacated such unit until restoration of possession of such tenant, if the tenant so desires, in which case the rent of such tenant shall be established as if such tenant had not vacated such unit, or compliance with such other remedy, including, but not limited to, all remedies provided for by the emergency tenant protection act of nineteen seventy-four for rent overcharge or failure to comply with any order of the commissioner of housing and community renewal, as shall be determined by the commissioner of housing and community renewal to be appropriate; provided, however, that if a tenant fails to accept any such offer of restoration of possession, such unit shall return to rent stabilization at the previously regulated rent; or (ii) with respect to units which become subject to the provisions of this section after the effective date of this subparagraph, such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act shall have expired and either each lease and renewal thereof for such unit for the tenant in residence at the time of such decontrol has included a notice in at least twelve point type informing such tenant that the unit shall become subject to such decontrol upon the expiration of such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act and states the approximate date on which such tax benefit period as provided in the opening paragraph of this paragraph is scheduled to expire; or such unit becomes vacant as provided under subparagraph (i) of this paragraph. (g) For purposes of this section construction shall be deemed "commenced" when excavation or alteration has begun in good faith on the basis of approved construction plans. (h) Anything in this section to the contrary notwithstanding, with regard to a project consisting of two or more multiple dwellings constructed on a contiguous site and containing an aggregate of not less than one thousand dwelling units, each of such multiple dwellings shall be entitled to the exemption set forth herein provided construction of such project be commenced before January first, nineteen hundred seventy-eight and completed no later than a date certain fixed by the local housing agency not to exceed four years from the date of commencement of construction of such project. (i) Authority of city to enact local law. Except as otherwise specified in this section, a city to which this section is applicablemay enact a local law to restrict, limit or condition the eligibility, scope or amount of the benefits under this section in any manner provided that such local law may not grant benefits beyond those provided in this section and provided further that in the city of New York such local law shall not take effect sooner than one year after it is enacted. Notwithstanding the foregoing, the provisions of any local law shall not alter the effect of subdivisions twelve, thirteen, fourteen, and fifteen of this section as they apply on the effective date of such subdivisions, notwithstanding any subsequent amendments to the provisions of law referred to in such subdivisions. 3. Application forms for exemption under this section shall be filed with the assessors between February first and March fifteenth and, based on the certification of the local housing agency as herein provided, the assessors shall certify to the collecting officer the amount of taxes to be abated. If there be in a city of one million population or more a department of housing preservation and development, the term "housing agency" shall mean only such department of housing preservation and development. No such application shall be accepted by the assessors unless accompanied by a certificate of the local housing agency certifying the applicant's eligibility pursuant to subdivisions two and four of this section. No such certification of eligibility shall be issued by the local housing agency until such agency determines the initial adjusted monthly rent to be paid by tenants residing in rental dwelling units contained within the multiple dwelling and the comparative adjusted monthly rent that would have to be paid by such tenants if no tax exemption were applicable as provided by this section. The initial adjusted monthly rent will be certified by the local housing agency as the first rent for the subject dwelling units. A copy of such certification with respect to such units shall be attached by the applicant to the first effective lease or occupancy agreement. The initial adjusted monthly rent shall reflect the full tax exemption benefits as approved by the agency. The agency shall determine the amount of the initial adjusted monthly rent as follows: (i) The total project cost shall be determined by adding the following items: (a) Land acquisition cost or purchase price, if purchased within two years prior to the date on which construction or alteration is commenced; or land acquisition cost or purchase price or an appraisal prepared by a qualified independent appraiser, in such form as is acceptable to the agency, if purchased more than two years prior to such date. Land acquisition cost or purchase price, where used, shall be certified to by an independent certified public accountant; (b) Costs incurred in the process of preparing the site for construction, including but not limited to operating losses, relocation expenses, demolition expenses and carrying charges, such costs to be certified by an independent certified public accountant to a date not more than ninety days prior to the filing of an application for certification of eligibility and the balance of such costs to be estimated; (c) Construction costs for constructing or rehabilitating the multiple dwelling as determined by the agency in accordance with subdivision four of this section, plus such amount, if any, representing unique and special costs as may be allowed by the agency for a particular multiple dwelling; (d) An allowance for estimated off-site costs, including but not limited to architects, engineers and legal fees, interest and taxesduring construction, insurance, title and mortgage fees, as determined by the agency in accordance with subdivision four of this section, and (e) such other amounts as are ordinarily and customarily incurred in connection with the construction or rehabilitation of a multiple dwelling, as determined by the agency in accordance with subdivision four of this section. (ii) The total expenses of the multiple dwelling shall be determined by adding the following items: (a) The amount that the agency determines to be the reasonable annual costs for the continuing maintenance and operation of the multiple dwelling in accordance with subdivision four of this section; (b) The amount that the agency determines to be an appropriate annual provision for vacancies, contingency reserves and management fees in accordance with subdivision four of this section. (c) The projected real property taxes to be levied on the multiple dwelling and the land on which it is situated at the time of estimated initial occupancy; (d) Fourteen (14) per cent of the total project cost, as hereinabove defined, which amount will include all expenses for debt service; and (e) Deducting from said total the estimated annual income to be derived from any commercial, community facility or accessory use space in the building. (iii) The total expenses shall be divided by the room count to provide the adjusted monthly rent per room per month. (iv) The adjusted monthly rent per room per month shall be multiplied by the room count of each rental dwelling unit to provide the initial adjusted monthly rent for such dwelling unit. The agency may allow adjustments in the initial adjusted monthly rent for any particular dwelling units provided that the total of the initial adjusted monthly rents for all of the rental dwelling units in a multiple dwelling shall not exceed the total expenses of such multiple dwelling. The agency shall determine the estimated comparative adjusted monthly rent that would have to be paid if no tax exemption were applicable as provided by this section by adding to the adjusted monthly rent for each dwelling unit as hereinabove computed an amount equal to (a) the difference between the projected real property taxes which would be levied on the multiple dwelling and the land on which it is situated at the time estimated initial occupancy if no tax abatement were applicable as provided by this section and the projected real property taxes hereinabove utilized in connection with the computation of total expenses; (b) divided by the room count of the building as per this section; and (c) multiplied by the applicants approved room count of each such dwelling unit. The local housing agency may promulgate rules and regulations to carry out the provisions of this section, not inconsistent with the provisions hereof, and may require a reasonable filing fee in an amount provided by such rules and regulations. 4. a. After a public hearing the housing agency shall promulgate annually to take effect as of January first of each year the amounts that it determines to be the reasonable amounts in such categories and classifications as may be established by the housing agency, for such items as are generally applicable to all developments and are required to be determined pursuant to subdivision three of this section, which amounts shall be filed with the city clerk and published in a publication of general circulation in the city or the city record, if any, upon adoption by the housing agency. b. The local housing agency may require a filing fee not to exceed the greater of (i) four-tenths of one percent of the total project cost, or(ii) if the building will be owned as a cooperative or condominium, four-tenths of one percent of the total project cost or four-tenths of one percent of the total project sell-out price stated in the last amendment to the offering plan accepted for filing by the attorney general of the state, at the option of the applicant. Such total project cost or total project sell-out price shall be determined pursuant to rules promulgated by the local housing agency. Notwithstanding the foregoing, the local housing agency may promulgate rules imposing an additional fee if an application, or any part thereof, or submission in connection therewith, is defective and such defect delays the processing of such application or causes the local housing agency to expend additional resources in the processing of such application. c. The local housing agency may rely on certification by an architect or engineer submitted by an applicant in connection with the filing of an application for benefits pursuant to this section. A false certification by such architect or engineer shall be deemed to be professional misconduct pursuant to section sixty-five hundred nine of the education law. Any licensee found guilty of such misconduct under the procedures prescribed in section sixty-five hundred ten of the education law shall be subject to the penalties prescribed in section sixty-five hundred eleven of such law, and shall thereafter be ineligible to submit a certification pursuant to this section. 5. An applicant for tax exemption under this section whose project contains more than twenty dwelling units shall notify the local community planning board for the area which is the subject of the application within ten days of submission of the application to the local housing agency. The local community planning board shall have a forty-five day period to file objections to the applicant's eligibility under subdivision two of this section, or to the applicant's failure to comply with the standards adopted by the agency in accordance with subdivision four of this section. The local community board may within such time in its own discretion hold a public hearing to determine whether or not any objections as to eligibility should be filed. In the event the local community board files such objections, the local housing agency shall make a determination and notify such board within forty-five days. When an applicant's project contains more than one hundred fifty dwelling units the local community board may within thirty days of receipt of an applicant's notification request the local housing agency to and the local housing agency shall hold a public hearing solely on the questions of the applicant's eligibility under subdivision two of this section or the applicant's failure to comply with the standards adopted by the agency pursuant to subdivision four of this section. The local housing agency shall hold this hearing and make its determination and notify such board within forty-five days. 6. (a) When used in this subdivision unless a different meaning clearly appears from the context, the following terms shall mean and include: (i) "Covered project." (A) A new building located within the Greenpoint - Williamsburg waterfront exclusion area, (B) two or more buildings which are part of one contiguous development entirely located within the Greenpoint - Williamsburg waterfront exclusion area, (C) two or more buildings which are located within the Greenpoint - Williamsburg waterfront exclusion area and are part of a single development parcel specifically identified in section 62-831 of the local zoning resolution, or (D) where so authorized in writing by the local housing agency, one or more buildings located within the Greenpoint - Williamsburg waterfront exclusion area and one or more buildings located outside the Greenpoint - Williamsburg waterfront exclusion area butwithin Community District Number One in the borough of Brooklyn. The cumulative number of affordable units located outside the Greenpoint - Williamsburg waterfront exclusion area in all covered projects described in clause (D) of this subparagraph shall not exceed two hundred. A building located outside the Greenpoint - Williamsburg waterfront exclusion area which is part of a covered project described in clause (D) of this subparagraph shall not contain any affordable units with respect to which an application pending before a governmental entity on the effective date of this subdivision or a written agreement in effect on the effective date of this subdivision provided for the development of such affordable units. (ii) "Greenpoint - Williamsburg waterfront exclusion area." Any tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of Brooklyn bounded and described as follows: BEGINNING at the intersection of the bulkhead line in the East River and South Fifth Street extended; thence easterly to South Fifth Street and continuing along South Fifth Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of South Fourth Street, thence easterly along South Fourth Street to a point 320 feet from Kent Avenue; thence northerly to a point on South Third Street 320 feet from Kent Avenue; thence westerly on South Third Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of Grand Street; thence westerly along Grand Street to the intersection of River Street; thence northerly along River Street to the intersection of North Third Street; thence easterly along North Third Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of Franklin Street; thence northerly along Franklin Street to the intersection of Quay Street; thence westerly along Quay Street to the intersection of West Street; thence northerly along West Street to the intersection of Eagle Street; thence easterly along Eagle Street to the intersection of Franklin Street; thence northerly along Franklin Street to the intersection of Dupont Street; thence westerly along Dupont Street to the intersection of Commercial Street; thence northerly along Commercial Street to the intersection of Manhattan Avenue; thence northerly along Manhattan Avenue to its northerly terminus; thence northerly to the intersection of Manhattan Avenue extended and the bulkhead line in Newtown Creek, thence westerly along the bulkhead line in Newtown Creek and continuing southerly along the United States pierhead line in the East River to the place of beginning; included in said area are all piers and other projections from the bulkhead line into the East River or Newtown Creek. (b) No benefits under the provisions of this section shall be conferred on any covered project located in the Greenpoint - Williamsburg waterfront exclusion area unless such project shall provide affordable housing for persons and families of low and moderate income that meets one of the following conditions: (i) not less than twenty percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed eighty percent of the area median incomes adjusted for family size; or (ii) not less than ten percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed eighty percent of the area median incomes adjusted for family size and not less than an additional fifteen percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancydo not exceed one hundred twenty-five percent of the area median incomes adjusted for family size. (c) Unless affordable units are developed under a federal, state or city program having contrary requirements, (i) all affordable units must have a comparable number of bedrooms as market rate units and a unit mix proportional to the market rate units, or (ii) at least fifty percent of the affordable units must have two or more bedrooms and no more than fifty percent of the remaining units can be smaller than one bedroom. (d) Unless affordable units are developed under a federal or state program having contrary requirements, residents of the local community shall have priority for the purchase or rental of fifty percent of the affordable units. (e) In order to ensure that affordable units created pursuant to this subdivision will continue to be affordable for the life of the covered project, the local housing agency shall employ mechanisms, including, but not limited to, regulatory agreements, deed restrictions, resale restrictions, occupancy requirements, and such other instruments or requirements as it may deem necessary, and shall establish legal remedies to enforce such mechanisms. (f) With respect to any covered project located entirely within the Greenpoint - Williamsburg waterfront exclusion area, the period of tax benefits awarded to any building in such covered project shall be the same as the period of tax benefits awarded under clause (A) of subparagraph (iii) of paragraph (a) of subdivision two of this section. With respect to any covered project which includes one or more buildings located outside the Greenpoint - Williamsburg waterfront exclusion area, the period of tax benefits awarded to any building in such covered project that is located within the Greenpoint - Williamsburg waterfront exclusion area shall be the same as the period of tax benefits awarded under clause (A) of subparagraph (ii) of paragraph (a) of subdivision two of this section. 7. (a) For the purposes of this subdivision: (i) "affordable units" shall mean units which meet the affordability requirements set forth in paragraph (c) of this subdivision. (ii) "geographic exclusion areas" shall mean: (A) areas described in subdivision eleven of this section, (B) in the borough of Manhattan tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street, and (C) areas made ineligible for the benefits of this section: (1) as set forth in section 11-245 of the administrative code of the city of New York on the effective date of this subdivision, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas, (2) as set forth in local law number fifty-eight of the city of New York for the year two thousand six, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas and notwithstanding the effective date of such law, and (3) by local law after the effective date of this subdivision. (b) Notwithstanding any provision of this section or any local law to the contrary, the benefits of this section shall not be available for new multiple dwellings located in a geographic exclusion area which commence construction after December twenty-eighth, two thousand seven unless they comply with the provisions of this subdivision for thirty-five years from completion of construction of the building receiving benefits pursuant to this section. (c)(i) Not less than twenty percent of the units in the multiple dwelling must, upon the initial rental or sale of the units and upon allsubsequent rentals of the units after a vacancy, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed sixty percent of the area median incomes adjusted for family size or (ii) if the construction of such building is carried out with substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality and such assistance is provided pursuant to a program for the development of affordable housing, not less than twenty percent of the units in the multiple dwelling must, either (A) upon the initial rental of the units and upon all subsequent rentals of the units after a vacancy, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed one hundred twenty percent of the area median incomes adjusted for family size and, where the multiple dwelling contains more than twenty-five units, do not exceed an average of ninety percent of the area median incomes adjusted for family size, or (B) upon the initial sale of the units, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed one hundred twenty-five percent of the area median incomes adjusted for family size. (d) Unless preempted by federal requirements: (i) all affordable units must have a comparable number of bedrooms as market rate units and a unit mix proportional to the market rate units, or at least fifty percent of the affordable units must have two or more bedrooms and no more than fifty percent of the remaining units can be smaller than one bedroom or in addition to the requirements of paragraph (c) of this subdivision, the floor area of affordable units is no less than twenty percent of the total floor area of all dwelling units; and (ii) residents of the community board where the multiple dwelling which receives the benefits provided in this section is located shall, upon initial occupancy, have priority for the purchase or rental of fifty percent of the affordable units. (e) Notwithstanding any provision of law to the contrary, affordable rental units must remain as rent stabilized units for thirty-five years from completion of construction provided that tenants holding a lease and in occupancy at the expiration of the rent stabilization period shall have the right to remain as rent stabilized tenants for the duration of their occupancy. (f) All affordable units must be situated onsite. For the purposes of this section, "onsite" shall mean that affordable units shall be situated within the building or buildings for which benefits pursuant to this section are being granted. (g) The limitations on eligibility for benefits contained in this subdivision shall be in addition to those contained in this section and in any other law or regulation. 8. (a) As used in this subdivision, the following terms shall have the following meanings: (i) "Building service employee" means any person who is regularly employed at a building who performs work in connection with the care or maintenance of such building. "Building service employee" includes, but is not limited to superintendent, watchman, guard, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, elevator operator and starter, and window cleaner, but shall not include persons regularly scheduled to work fewer than eight hours per week in the building. (ii) "Prevailing wage" means the wage determined by the fiscal officer to be prevailing for the various classes of building service employees in the locality pursuant to section two hundred thirty of the labor law.(b) No benefits under this section shall be conferred for any construction commenced on or after December twenty-eighth, two thousand seven for any tax lots now existing or hereafter created except where the applicant agrees that all building service employees employed at the building, whether employed directly by the applicant or its successors, or through a property management company or a contractor, shall receive the applicable prevailing wage for the duration of the building's tax exemption. (c) The limitations contained in paragraph (b) of this subdivision shall not be applicable to: (i) projects containing less than fifty dwelling units; or (ii) buildings where the local housing agency certifies that at initial occupancy at least fifty percent of the dwelling units are affordable to individuals or families with a gross household income at or below one hundred twenty-five percent of the area median income and that any such units which are located in rental buildings will be subject to restrictions to insure that they will remain affordable for the entire period during which they receive benefits under this section. (d) The local housing agency shall prescribe appropriate sanctions for failure to comply with the provisions of this subdivision. (e) Solely for purposes of paragraph (b) of this subdivision, construction shall be deemed to have commenced when excavation or alteration has begun in good faith on the basis of approved construction plans. (f) The limitations on eligibility for benefits contained in this subdivision shall be in addition to those contained in any other law or regulation. 9. (a) As used in this subdivision, the following terms shall have the following meanings: (i) "Residential tax lot" shall mean a tax lot that contains dwelling units. (ii) "Non-residential tax lot" shall mean a tax lot that does not contain any dwelling units. (iii) "Annual limit" shall mean sixty-five thousand dollars, which amount shall be increased by three percent, compounded annually, on each taxable status date following the first anniversary of the effective date of this subdivision. (iv) "Certificate of occupancy" shall mean the first certificate of occupancy covering all residential areas of the building on or containing a tax lot. (v) "Unit count" shall mean: (A) in the case of a residential tax lot that does not contain any commercial, community facility or accessory use space, the number of dwelling units in such tax lot, and (B) in the case of a residential tax lot that contains commercial, community facility or accessory use space, the number of dwelling units in such tax lot plus one. (vi) "Exemption cap" shall mean the unit count multiplied by the annual limit. (b) The provisions of this subdivision shall apply only to projects that commence construction on or after December twenty-eighth, two thousand seven. (c) The portion of the assessed valuation of any residential tax lot exempted from real property taxation in any year pursuant to this section shall not exceed the exemption cap on or after the first taxable status date after the building on or containing such tax lot receives its certificate of occupancy, unless, it complies with the requirements of item a or b of clause (D) of subparagraph (iii) of paragraph (a) ofsubdivision two of this section or the requirements of item a or b of clause (A) of subparagraph (iv) of paragraph (a) of subdivision two of this section. The portion of the assessed valuation of all non-residential tax lots in the building on or containing such non-residential tax lots exempted from real property taxation in any year pursuant to this section shall not exceed a cumulative total equal to the annual limit on or after the first taxable status date after the building on or containing such non-residential tax lots receives its certificate of occupancy. A dwelling unit that is located in two or more tax lots shall be ineligible to receive any benefits under this section. 10. (a) The local housing agency shall implement procedures to insure that affordable units created pursuant to this section, or units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section, continue to be affordable as required by the provisions of this section or such local law, and that units made subject to rent stabilization remain subject thereto as required by the provisions of this section. Such procedures shall include but shall not be limited to the following: (i) all rent stabilization registrations required to be filed on or after January first, two thousand eight shall contain a designation which identifies all units that are subject to the provisions of this section as "421-a units" and specifically identifies affordable units created pursuant to this section and units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section as "421-a affordable units" and shall contain an explanation of the requirements that apply to all such units. The owner of a unit that is subject to the provisions of this section shall, in addition to complying with the requirements of section 26-517 of the rent stabilization law, file a copy of the rent registration for each such unit with the local housing agency; (ii) the local housing agency with cooperation of the division of housing and community renewal shall monitor and enforce compliance with the filing requirements of this section; (iii) the local housing agency shall create a report which, at a minimum, contains the following information for every building which receives benefits pursuant to this section: address, commencement and termination date of the benefits, total number of residential units, number of "421-a units" and number of "421-a affordable units", apartment number or other designation of such units and the rent for each of such units. The local housing agency with the cooperation of the division of housing and community renewal shall maintain, and update such report no less than annually, with information secured from annual registrations. Such reports shall be available for public inspection in a form that assigns a unique designation to each unit other than its actual apartment number to maintain the privacy of such information; and (iv) the local housing agency shall monitor any change in such information, shall investigate any such changes which indicate a failure to comply with the provisions of this section, and shall take appropriate action based on its findings. (b) Failure to comply with the provisions of this section which require the creation and maintenance of affordable units pursuant to this section, or units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section, at any time during the duration of the building's tax exemption shall result in revocation of any benefits under this section for the period of such non-compliance.If an on-going pattern of non-compliance is found to exist, such benefits may be revoked from their inception. Notwithstanding the revocation of benefits for a building pursuant to the provisions of this subdivision, all units in such building shall continue to remain subject to the provisions of the rent stabilization law for the entire intended period as if the benefits had not been revoked. (c) The provisions of this subdivision relating to enforcement of the provisions of this section shall be in addition to any other provisions contained in this section or any other law. (d) The revocation of benefits for noncompliance with this section shall not exempt any unit from continued compliance with the requirements of this section. 11. Additional geographic exclusion areas: (a) Any tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of Brooklyn bounded and described as follows: (i) In the County of Kings, Beginning at a point where Warwick Street meets Belmont Avenue, thence westerly along said avenue to Jerome Street, thence southerly along said street to Sutter Avenue, thence westerly on said avenue to Barbey Street, thence northerly along said street to Belmont Avenue, thence westerly on said avenue to New Jersey Avenue, thence southerly on said avenue to Sutter Avenue, thence westerly on said avenue to Pennsylvania Avenue, thence northerly on said avenue to Belmont Avenue, thence westerly on said avenue to Sheffield Avenue, thence southerly on said avenue to Sutter Avenue, thence westerly on said avenue to Snediker Avenue, thence northerly on said avenue to William's Place, thence northerly on said place to Fulton Street, thence easterly on said street to Jamaica Avenue, thence easterly on said avenue to Van Siclen Avenue, thence southerly on said avenue to Arlington Avenue, thence easterly on said avenue to Warwick Street, thence southerly on said street to Atlantic Avenue, thence westerly on said avenue to Jerome Street, thence southerly on said street to Liberty Avenue, thence easterly on said avenue to Warwick Street, thence southerly along said street to its intersection with Belmont Avenue, the point of beginning. (ii) In the County of Kings, Beginning at a point where Bushwick Avenue meets with Stewart Street, thence southwesterly on said street to Broadway, thence southeasterly on Broadway to Conway Street, thence southwesterly on said street to Truxton Street, thence westerly on said street to Sackman Street, thence southerly on said street to Atlantic Avenue, thence westerly on said avenue to Howard Avenue, thence northerly on said avenue to MacDougal Street, thence westerly on said street to Fulton Street, thence westerly on said street to Patchen Avenue, thence northerly on said avenue to Hancock Street, thence easterly on said street to Saratoga Avenue, thence northerly on said avenue to a point midway between Hancock Street and Jefferson Avenue, thence easterly along the line extended to the northern intersection of Broadway and Hancock Street, thence northerly along Hancock Street to Bushwick Avenue, thence easterly along said avenue to its intersection with Stewart Street, the point of beginning. (iii) In the County of Kings, Beginning at a point where Prospect Place meets Ralph Avenue, thence southerly along said avenue to Sutter Avenue, thence westerly along said avenue to east 98th Street, thence southeasterly along said street to Rutland Road, thence southwesterly along said road to East 92nd Street, thence northwesterly along said street to East New York Avenue, thence southerly along said avenue to Lefferts Avenue, thence westerly along said avenue to Utica Avenue, thence northerly along said avenue to Lincoln Place, thence easterly onsaid place to Rochester Avenue, thence northerly on said avenue to St. Mark's Avenue thence easterly on St. Mark's Avenue to Buffalo Avenue, thence southerly on said avenue to Prospect Place, thence west
§ 421-a. Exemption of new multiple dwellings from local taxation. 1. The following terms, whenever used or referred to in this section, shall have the following meaning, unless a different meaning clearly appears in the context. a. "Adjusted Monthly Rent." The rent payable per month as provided in the first effective lease or occupancy agreement upon initial occupancy of a rental dwelling unit of a multiple dwelling after construction aided by exemption under this section less the cost of providing parking facilities and electricity, gas, cooking fuel and other utilities other than heat and hot water to occupants of such dwelling units. b. "Floor area." The horizontal areas of the several floors or any portion thereof of a dwelling or dwellings and accessory structures on a lot measured from the exterior faces of exterior walls or from the center line of party walls. c. "Multiple Dwelling." A dwelling which is to be occupied or is occupied as the residence or home of three or more families living independently of one another, whether such dwelling is rented or owned as a cooperative or condominium. A new multiple dwelling shall include new residential construction and the concurrent conversion, alteration or improvement of a pre-existing building or structure provided that (i) for all tax lots now existing or hereafter created, no more than forty-nine percent of the floor area (as defined in paragraph b of this subdivision) of the multiple dwelling consists of the pre-existing building or structure that was converted, altered or improved, and (ii) for tax lots in the city of New York now existing or hereafter created within the following area in the borough of Manhattan, the new residential construction and/or the concurrent conversion, alteration or improvement of the pre-existing building or structure is aided by a grant, loan or subsidy from any federal, state or local agency or instrumentality: beginning at the intersection of the United States pierhead line in the Hudson river and the center line of Chambers street extended, thence easterly to the center line of Chambers street and continuing along the center line of Chambers street to the center line of Centre street, thence southerly along the center line of Centre street to the center line of the Brooklyn Bridge to the intersection of the Brooklyn Bridge and the United States pierhead line in the East river, thence northerly along the United States pierhead line in the East river and the center line of one hundred tenth street extended, thence westerly to the center line of one hundred tenth street and continuing along the center line of one hundred tenth street to its westerly terminus, thence westerly to the intersection of the center line of one hundred tenth street extended and the United States pierhead line in the Hudson river, thence southerly along the United States pierhead line in the Hudson river to the point of beginning. d. "Room Count." Two and one-half rooms for each dwelling unit plus one room for each bedroom plus one room for each additional room separated by either walls or doors plus one-half room for a balcony, provided that kitchens, bathrooms or corridors shall not count as such additional rooms. 2. (a) (i) Within a city having a population of one million or more, new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during construction so long as used at thecompletion of construction for dwelling purposes for a period not to exceed ten years in the aggregate after the taxable status date immediately following the completion thereof, as follows: (A) except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for two years following such period; (B) followed by two years of exemption from eighty per cent of such taxation; (C) followed by two years of exemption from sixty per cent of such taxation; (D) followed by two years of exemption from forty per cent of such taxation; (E) followed by two years of exemption from twenty per cent of such taxation; The following table shall illustrate the computation of the tax exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 100% 2 100 3 80 4 80 5 60 6 60 7 40 8 40 9 20 10 20 (ii) (A) Within a city having a population of one million or more the local housing agency may adopt rules and regulations providing that except in areas excluded by local law new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed fifteen years in the aggregate, as follows: a. except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for eleven years following such period; b. followed by one year of exemption from eighty percent of such taxation; c. followed by one year of exemption from sixty percent of such taxation;d. followed by one year of exemption from forty percent of such taxation; e. followed by one year of exemption from twenty percent of such taxation. (B) The benefits of this subparagraph shall not be available in areas made ineligible for the benefits of this section by a local law enacted pursuant to paragraph (i) of subdivision two of this section, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas. (C) Unless excluded by local law, in the city of New York the benefits of this subparagraph shall be available in the borough of Manhattan for tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street only if: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units be affordable to families of low and moderate income. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 through 11 100% 12 80 13 60 14 40 15 20 (iii) (A) Within a city having a population of one million or more the local housing agency may adopt rules and regulations providing that new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements, for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status date first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed twenty-five years in the aggregate, provided that the area in which the project is situated is a neighborhood preservation program area as determined by the local housing agency as of June first, nineteen hundred eighty-five, or is a neighborhood preservation area as determined by the New York city planning commission as of June first, nineteen hundred eighty-five, or is an area that was eligible for mortgage insurance provided by the rehabilitation mortgage insurance corporation as of May first, nineteen hundred ninety-two or is an area receiving funding for a neighborhood preservation project pursuant to the neighborhood reinvestment corporation act (42 U.S.C. §§180 et seq.) as of June first, nineteen hundred eighty-five, as follows: a. except as otherwise provided herein there shall be full exemption from taxation during the period of construction or the period of threeyears immediately following commencement of construction, whichever expires sooner, and for twenty-one years following such period; b. followed by one year of exemption from eighty percent of such taxation; c. followed by one year of exemption from sixty percent of such taxation; d. followed by one year of exemption from forty percent of such taxation; e. followed by one year of exemption from twenty percent of such taxation. (B) The benefits of this subparagraph shall not be available in areas made ineligible for the benefits of this section by a local law enacted pursuant to paragraph (i) of subdivision two of this section, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects. (C) Notwithstanding the provisions of item (A) or (D) of this subparagraph, in the city of New York the benefits of this subparagraph shall not be available in the borough of Manhattan for tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street. (D) In addition to being available in the areas described in item (A) of this subparagraph, the benefits made available pursuant to this subparagraph shall be available where: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units be affordable to families of low and moderate income. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS Exemption During Construction (maximum three years) 100% Following completion of work Year: 1 through 21 100% 22 80 23 60 24 40 25 20 (E) A new multiple dwelling that is situated in (1) a neighborhood preservation program area as determined by the department of housing preservation and development as of June first, nineteen hundred eighty-five, (2) a neighborhood preservation area as determined by the New York city planning commission as of June first, nineteen hundred eighty-five, (3) an area that was eligible for mortgage insurance provided by the rehabilitation mortgage insurance corporation as of May first, nineteen hundred ninety-two, or (4) an area receiving funding for a neighborhood preservation project pursuant to the neighborhood reinvestment corporation act (42 U.S.C. §§ 8101 et seq.) as of June first, nineteen hundred eighty-five, shall not be eligible for the benefits available pursuant to this subparagraph unless it complies with the provisions of subdivision seven of this section.(iv) (A) Unless excluded by local law, in the city of New York, the benefits of this subparagraph shall be available in the borough of Manhattan for new multiple dwellings on tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street which commence construction after July first, nineteen hundred ninety-two and before December twenty-eighth, two thousand ten only if: a. the construction is carried out with the substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality, or b. the local housing agency has imposed a requirement or has certified that twenty percent of the units are affordable to families of low and moderate income. (B) Such new multiple dwellings, except hotels, shall be exempt from taxation for local purposes, other than assessments for local improvements for the tax year or years immediately following taxable status dates occurring subsequent to the commencement and prior to the completion of construction, but not to exceed three such tax years, and shall continue to be exempt from such taxation in tax years immediately following the taxable status dates first occurring after the expiration of the exemption herein conferred during such construction so long as used at the completion of construction for dwelling purposes for a period not to exceed twenty years in the aggregate, as follows: a. except as otherwise provided herein, there shall be full exemption from taxation during the period of construction or the period of three years immediately following commencement of construction, whichever expires sooner, and for twelve years following such period; b. followed by two years of exemption from eighty percent of such taxation; c. followed by two years of exemption from sixty percent of such taxation; d. followed by two years of exemption from forty percent of such taxation; e. followed by two years of exemption from twenty percent of such taxation. The following table shall illustrate the computation of the exemption: CONSTRUCTION OF CERTAIN MULTIPLE DWELLINGS During construction (maximum three years) Exemption 100% Following completion of work year: 1 through 12 100% 13-14 80% 15-16 60% 17-18 40% 19-20 20% (b) In addition to the taxes payable pursuant to the table above, the owner shall pay in each tax year in which such full or partial exemption is in effect, real property taxes and assessments as follows: (i) real property taxes on the assessed valuation of such land and any improvements thereon in effect during the tax year preceding the commencement of such construction without regard to any exemption or abatement from real property taxation in effect prior to such construction which real property taxes shall be calculated on the tax rate in effect at the time such taxes are due; and (ii) all assessments for local improvements.(c) Such multiple dwellings shall be eligible for exemption from taxation pursuant to this section only if: (i) exemption from taxes is not availed of concurrently under any other law and that on or after July first, nineteen hundred seventy-six no preliminary certificate of eligibility or certificate of eligibility issued under this section may be rescinded by the local housing agency to avail the property of the benefits of tax exemption or tax abatement for rehabilitation or new construction under the provisions of any other law, but that prior to July first, nineteen hundred seventy-six the local housing agency may rescind such certificates to avail the property of the benefits of tax exemption or tax abatement under the provisions of any other law; (ii) construction is commenced after January first, nineteen hundred seventy-five and before December twenty-eighth, two thousand ten provided, however, that such commencement period shall not apply to multiple dwellings eligible for benefits under subparagraph (iv) of paragraph (a) of this subdivision; (iii) in the event that, immediately prior to commencement of new construction, such land was improved with a residential building or buildings that have since been substantially demolished, and the new building or buildings contain more than twenty dwelling units, then such new construction shall contain at least five dwelling units for each class A dwelling unit in existence immediately prior to the demolition preceding construction; and (iv) in the event that a project contains more than 100 dwelling units, at least 15 per cent of the dwelling units contain at least three and one-half rooms and at least 10 per cent of the dwelling units contain at least four and one-half rooms, unless a waiver from such requirements is granted by the local housing agency based on hardship. (d) As of July first, nineteen hundred seventy-five, if the aggregate floor area of commercial, community facility and accessory use space exceeds twelve per cent of the aggregate floor area, as defined herein, of any building granted tax exemption pursuant to this section on or subsequent to July first, nineteen hundred seventy-one, tax exemption shall be reduced by an amount equal to the per cent of the aggregate floor area by which the aggregate floor area of commercial, community facility and accessory use space exceeds twelve per cent of the aggregate floor area of the building provided, however, that accessory use space shall not include accessory parking located not more than twenty-three feet above the curb level and provided, further, that whenever a building containing two or more separately assessed parcels of real property has commercial, community facility and accessory use space in excess of such twelve percent, the tax arising out of the reduction in exemption for such excess space shall not be apportioned pro rata among all of the separately assessed parcels in the building but shall be applied first to those separately assessed parcels which are unrelated to the residential use of the building; and only after such unrelated parcels are fully taxable shall the remainder of such tax be apportioned pro rata among the remaining separately assessed parcels and provided further, that no such exemption for commercial, community facility and accessory use space shall be applicable prior to July first, nineteen hundred seventy-five. To be eligible for exemption under this section such construction shall take place on land which, thirty-six months prior to the commencement of such construction, was vacant, predominantly vacant, under-utilized, or improved with a non-conforming use, provided that if such new multiple dwelling displaces or replaces a building or buildings containing more than twenty-five occupied dwelling units in existence on Decemberthirty-first, nineteen hundred seventy-four and administered under the local emergency housing rent control act, the rent stabilization law of nineteen hundred sixty-nine, or the emergency tenant protection act of nineteen seventy-four, such new multiple dwelling shall not be eligible in the city of New York unless a certificate of eviction has been issued for any of the displaced or replaced units pursuant to the powers granted by the city rent and rehabilitation law, and that the sale, transfer or utilization of air rights over residential buildings that were not demolished shall not be construed as a displacement or replacement of the dwelling units contained within those buildings within the meaning of this subdivision. (e) Any provision of this section to the contrary notwithstanding, the following properties shall not be eligible for exemption: (i) any multiple dwelling located in any geographical area where the exemption is eliminated by regulations promulgated by the local housing agency, pursuant to subdivision three of this section, upon a finding by the local housing agency that the need for the tax incentive in such area has been significantly reduced, or that an area should be preserved for mainly non-residential purposes in accordance with local municipal policy; unless construction actually commenced prior to January first, nineteen hundred eighty-two; provided that the local housing agency shall not reduce or eliminate such exemption with respect to multiple dwellings of less than four stories in height, as stories are defined in the multiple dwelling law, except in areas to be preserved for mainly non-residential purposes provided further that no regulation regarding such geographical limitation shall eliminate benefits available pursuant to this section for construction which is commenced within two years from the effective date of such regulation, except in areas to be preserved for mainly non-residential purposes; (ii) any land which is mapped as a public park, provided, however, that this exclusion from eligibility for exemption shall not apply to any land which has been mapped as a public park but which, for a period of ten years or more after the date of such mapping, has not been acquired by the state or the city in which such land is located and with respect to which land the local department of parks and recreation has determined that such land is not required for public park purposes, and that such department has no intention of acquiring such land and that no funds have been allocated for such purpose; (iii) any land which has been utilized for ten or more consecutive years prior to October first, nineteen hundred seventy-one as a "private park" as hereinafter defined. A private park is a privately owned zoning lot in a densely developed area having a minimum size of four thousand square feet, free of all developments and containing only trees, grass, benches, walkways and passive recreational facilities including structures incidental thereto which has been used and maintained during said period for such passive recreational activity by the general public without charge with the consent and participation of the owner thereof; where construction is commenced after December thirty-first, nineteen hundred seventy-two, eligibility shall be determined on the basis of the condition of the land on the first day of October, nineteen hundred seventy-one. (f) Notwithstanding the provisions of any local law for the stabilization of rents in multiple dwellings or the emergency tenant protection act of nineteen seventy-four, the rents of a unit shall be fully subject to control under such local law or such act, unless exempt under such local law or such act from control by reason of the cooperative or condominium status of the unit, for the entire period during which the property is receiving tax benefits pursuant to thissection for the period any such applicable law or act is in effect, whichever is shorter. Thereafter, such rents shall continue to be subject to such control to the same extent and in the same manner as if this section had never applied thereto, except that such rents shall be decontrolled if: (i) with respect to units subject to the provisions of this section on the effective date of this subparagraph such a unit becomes vacant after the expiration of such ten year period or applicable law or act; provided, however, that such units may be decontrolled pursuant to the rent regulation reform act of 1993 and provided further that the rent shall not be decontrolled for a unit which the commissioner of housing and community renewal or a court of competent jurisdiction finds became vacant because the landlord or any person acting on his behalf engaged in any course of conduct, including but not limited to, interruption or discontinuance of essential services which interfered with or disturbed or was intended to interfere with or disturb the comfort, repose, peace or quiet of the tenant in his use or occupancy of such unit, and, that upon such finding in addition to being subject to any other penalties or remedies permitted by law, the landlord of such unit shall be barred from collecting rent for such unit in excess of that charged to the tenant who vacated such unit until restoration of possession of such tenant, if the tenant so desires, in which case the rent of such tenant shall be established as if such tenant had not vacated such unit, or compliance with such other remedy, including, but not limited to, all remedies provided for by the emergency tenant protection act of nineteen seventy-four for rent overcharge or failure to comply with any order of the commissioner of housing and community renewal, as shall be determined by the commissioner of housing and community renewal to be appropriate; provided, however, that if a tenant fails to accept any such offer of restoration of possession, such unit shall return to rent stabilization at the previously regulated rent; or (ii) with respect to units which become subject to the provisions of this section after the effective date of this subparagraph, such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act shall have expired and either each lease and renewal thereof for such unit for the tenant in residence at the time of such decontrol has included a notice in at least twelve point type informing such tenant that the unit shall become subject to such decontrol upon the expiration of such tax benefit period as provided in the opening paragraph of this paragraph or applicable law or act and states the approximate date on which such tax benefit period as provided in the opening paragraph of this paragraph is scheduled to expire; or such unit becomes vacant as provided under subparagraph (i) of this paragraph. (g) For purposes of this section construction shall be deemed "commenced" when excavation or alteration has begun in good faith on the basis of approved construction plans. (h) Anything in this section to the contrary notwithstanding, with regard to a project consisting of two or more multiple dwellings constructed on a contiguous site and containing an aggregate of not less than one thousand dwelling units, each of such multiple dwellings shall be entitled to the exemption set forth herein provided construction of such project be commenced before January first, nineteen hundred seventy-eight and completed no later than a date certain fixed by the local housing agency not to exceed four years from the date of commencement of construction of such project. (i) Authority of city to enact local law. Except as otherwise specified in this section, a city to which this section is applicablemay enact a local law to restrict, limit or condition the eligibility, scope or amount of the benefits under this section in any manner provided that such local law may not grant benefits beyond those provided in this section and provided further that in the city of New York such local law shall not take effect sooner than one year after it is enacted. Notwithstanding the foregoing, the provisions of any local law shall not alter the effect of subdivisions twelve, thirteen, fourteen, and fifteen of this section as they apply on the effective date of such subdivisions, notwithstanding any subsequent amendments to the provisions of law referred to in such subdivisions. 3. Application forms for exemption under this section shall be filed with the assessors between February first and March fifteenth and, based on the certification of the local housing agency as herein provided, the assessors shall certify to the collecting officer the amount of taxes to be abated. If there be in a city of one million population or more a department of housing preservation and development, the term "housing agency" shall mean only such department of housing preservation and development. No such application shall be accepted by the assessors unless accompanied by a certificate of the local housing agency certifying the applicant's eligibility pursuant to subdivisions two and four of this section. No such certification of eligibility shall be issued by the local housing agency until such agency determines the initial adjusted monthly rent to be paid by tenants residing in rental dwelling units contained within the multiple dwelling and the comparative adjusted monthly rent that would have to be paid by such tenants if no tax exemption were applicable as provided by this section. The initial adjusted monthly rent will be certified by the local housing agency as the first rent for the subject dwelling units. A copy of such certification with respect to such units shall be attached by the applicant to the first effective lease or occupancy agreement. The initial adjusted monthly rent shall reflect the full tax exemption benefits as approved by the agency. The agency shall determine the amount of the initial adjusted monthly rent as follows: (i) The total project cost shall be determined by adding the following items: (a) Land acquisition cost or purchase price, if purchased within two years prior to the date on which construction or alteration is commenced; or land acquisition cost or purchase price or an appraisal prepared by a qualified independent appraiser, in such form as is acceptable to the agency, if purchased more than two years prior to such date. Land acquisition cost or purchase price, where used, shall be certified to by an independent certified public accountant; (b) Costs incurred in the process of preparing the site for construction, including but not limited to operating losses, relocation expenses, demolition expenses and carrying charges, such costs to be certified by an independent certified public accountant to a date not more than ninety days prior to the filing of an application for certification of eligibility and the balance of such costs to be estimated; (c) Construction costs for constructing or rehabilitating the multiple dwelling as determined by the agency in accordance with subdivision four of this section, plus such amount, if any, representing unique and special costs as may be allowed by the agency for a particular multiple dwelling; (d) An allowance for estimated off-site costs, including but not limited to architects, engineers and legal fees, interest and taxesduring construction, insurance, title and mortgage fees, as determined by the agency in accordance with subdivision four of this section, and (e) such other amounts as are ordinarily and customarily incurred in connection with the construction or rehabilitation of a multiple dwelling, as determined by the agency in accordance with subdivision four of this section. (ii) The total expenses of the multiple dwelling shall be determined by adding the following items: (a) The amount that the agency determines to be the reasonable annual costs for the continuing maintenance and operation of the multiple dwelling in accordance with subdivision four of this section; (b) The amount that the agency determines to be an appropriate annual provision for vacancies, contingency reserves and management fees in accordance with subdivision four of this section. (c) The projected real property taxes to be levied on the multiple dwelling and the land on which it is situated at the time of estimated initial occupancy; (d) Fourteen (14) per cent of the total project cost, as hereinabove defined, which amount will include all expenses for debt service; and (e) Deducting from said total the estimated annual income to be derived from any commercial, community facility or accessory use space in the building. (iii) The total expenses shall be divided by the room count to provide the adjusted monthly rent per room per month. (iv) The adjusted monthly rent per room per month shall be multiplied by the room count of each rental dwelling unit to provide the initial adjusted monthly rent for such dwelling unit. The agency may allow adjustments in the initial adjusted monthly rent for any particular dwelling units provided that the total of the initial adjusted monthly rents for all of the rental dwelling units in a multiple dwelling shall not exceed the total expenses of such multiple dwelling. The agency shall determine the estimated comparative adjusted monthly rent that would have to be paid if no tax exemption were applicable as provided by this section by adding to the adjusted monthly rent for each dwelling unit as hereinabove computed an amount equal to (a) the difference between the projected real property taxes which would be levied on the multiple dwelling and the land on which it is situated at the time estimated initial occupancy if no tax abatement were applicable as provided by this section and the projected real property taxes hereinabove utilized in connection with the computation of total expenses; (b) divided by the room count of the building as per this section; and (c) multiplied by the applicants approved room count of each such dwelling unit. The local housing agency may promulgate rules and regulations to carry out the provisions of this section, not inconsistent with the provisions hereof, and may require a reasonable filing fee in an amount provided by such rules and regulations. 4. a. After a public hearing the housing agency shall promulgate annually to take effect as of January first of each year the amounts that it determines to be the reasonable amounts in such categories and classifications as may be established by the housing agency, for such items as are generally applicable to all developments and are required to be determined pursuant to subdivision three of this section, which amounts shall be filed with the city clerk and published in a publication of general circulation in the city or the city record, if any, upon adoption by the housing agency. b. The local housing agency may require a filing fee not to exceed the greater of (i) four-tenths of one percent of the total project cost, or(ii) if the building will be owned as a cooperative or condominium, four-tenths of one percent of the total project cost or four-tenths of one percent of the total project sell-out price stated in the last amendment to the offering plan accepted for filing by the attorney general of the state, at the option of the applicant. Such total project cost or total project sell-out price shall be determined pursuant to rules promulgated by the local housing agency. Notwithstanding the foregoing, the local housing agency may promulgate rules imposing an additional fee if an application, or any part thereof, or submission in connection therewith, is defective and such defect delays the processing of such application or causes the local housing agency to expend additional resources in the processing of such application. c. The local housing agency may rely on certification by an architect or engineer submitted by an applicant in connection with the filing of an application for benefits pursuant to this section. A false certification by such architect or engineer shall be deemed to be professional misconduct pursuant to section sixty-five hundred nine of the education law. Any licensee found guilty of such misconduct under the procedures prescribed in section sixty-five hundred ten of the education law shall be subject to the penalties prescribed in section sixty-five hundred eleven of such law, and shall thereafter be ineligible to submit a certification pursuant to this section. 5. An applicant for tax exemption under this section whose project contains more than twenty dwelling units shall notify the local community planning board for the area which is the subject of the application within ten days of submission of the application to the local housing agency. The local community planning board shall have a forty-five day period to file objections to the applicant's eligibility under subdivision two of this section, or to the applicant's failure to comply with the standards adopted by the agency in accordance with subdivision four of this section. The local community board may within such time in its own discretion hold a public hearing to determine whether or not any objections as to eligibility should be filed. In the event the local community board files such objections, the local housing agency shall make a determination and notify such board within forty-five days. When an applicant's project contains more than one hundred fifty dwelling units the local community board may within thirty days of receipt of an applicant's notification request the local housing agency to and the local housing agency shall hold a public hearing solely on the questions of the applicant's eligibility under subdivision two of this section or the applicant's failure to comply with the standards adopted by the agency pursuant to subdivision four of this section. The local housing agency shall hold this hearing and make its determination and notify such board within forty-five days. 6. (a) When used in this subdivision unless a different meaning clearly appears from the context, the following terms shall mean and include: (i) "Covered project." (A) A new building located within the Greenpoint - Williamsburg waterfront exclusion area, (B) two or more buildings which are part of one contiguous development entirely located within the Greenpoint - Williamsburg waterfront exclusion area, (C) two or more buildings which are located within the Greenpoint - Williamsburg waterfront exclusion area and are part of a single development parcel specifically identified in section 62-831 of the local zoning resolution, or (D) where so authorized in writing by the local housing agency, one or more buildings located within the Greenpoint - Williamsburg waterfront exclusion area and one or more buildings located outside the Greenpoint - Williamsburg waterfront exclusion area butwithin Community District Number One in the borough of Brooklyn. The cumulative number of affordable units located outside the Greenpoint - Williamsburg waterfront exclusion area in all covered projects described in clause (D) of this subparagraph shall not exceed two hundred. A building located outside the Greenpoint - Williamsburg waterfront exclusion area which is part of a covered project described in clause (D) of this subparagraph shall not contain any affordable units with respect to which an application pending before a governmental entity on the effective date of this subdivision or a written agreement in effect on the effective date of this subdivision provided for the development of such affordable units. (ii) "Greenpoint - Williamsburg waterfront exclusion area." Any tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of Brooklyn bounded and described as follows: BEGINNING at the intersection of the bulkhead line in the East River and South Fifth Street extended; thence easterly to South Fifth Street and continuing along South Fifth Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of South Fourth Street, thence easterly along South Fourth Street to a point 320 feet from Kent Avenue; thence northerly to a point on South Third Street 320 feet from Kent Avenue; thence westerly on South Third Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of Grand Street; thence westerly along Grand Street to the intersection of River Street; thence northerly along River Street to the intersection of North Third Street; thence easterly along North Third Street to the intersection of Kent Avenue; thence northerly along Kent Avenue to the intersection of Franklin Street; thence northerly along Franklin Street to the intersection of Quay Street; thence westerly along Quay Street to the intersection of West Street; thence northerly along West Street to the intersection of Eagle Street; thence easterly along Eagle Street to the intersection of Franklin Street; thence northerly along Franklin Street to the intersection of Dupont Street; thence westerly along Dupont Street to the intersection of Commercial Street; thence northerly along Commercial Street to the intersection of Manhattan Avenue; thence northerly along Manhattan Avenue to its northerly terminus; thence northerly to the intersection of Manhattan Avenue extended and the bulkhead line in Newtown Creek, thence westerly along the bulkhead line in Newtown Creek and continuing southerly along the United States pierhead line in the East River to the place of beginning; included in said area are all piers and other projections from the bulkhead line into the East River or Newtown Creek. (b) No benefits under the provisions of this section shall be conferred on any covered project located in the Greenpoint - Williamsburg waterfront exclusion area unless such project shall provide affordable housing for persons and families of low and moderate income that meets one of the following conditions: (i) not less than twenty percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed eighty percent of the area median incomes adjusted for family size; or (ii) not less than ten percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed eighty percent of the area median incomes adjusted for family size and not less than an additional fifteen percent of the units in the covered project are affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancydo not exceed one hundred twenty-five percent of the area median incomes adjusted for family size. (c) Unless affordable units are developed under a federal, state or city program having contrary requirements, (i) all affordable units must have a comparable number of bedrooms as market rate units and a unit mix proportional to the market rate units, or (ii) at least fifty percent of the affordable units must have two or more bedrooms and no more than fifty percent of the remaining units can be smaller than one bedroom. (d) Unless affordable units are developed under a federal or state program having contrary requirements, residents of the local community shall have priority for the purchase or rental of fifty percent of the affordable units. (e) In order to ensure that affordable units created pursuant to this subdivision will continue to be affordable for the life of the covered project, the local housing agency shall employ mechanisms, including, but not limited to, regulatory agreements, deed restrictions, resale restrictions, occupancy requirements, and such other instruments or requirements as it may deem necessary, and shall establish legal remedies to enforce such mechanisms. (f) With respect to any covered project located entirely within the Greenpoint - Williamsburg waterfront exclusion area, the period of tax benefits awarded to any building in such covered project shall be the same as the period of tax benefits awarded under clause (A) of subparagraph (iii) of paragraph (a) of subdivision two of this section. With respect to any covered project which includes one or more buildings located outside the Greenpoint - Williamsburg waterfront exclusion area, the period of tax benefits awarded to any building in such covered project that is located within the Greenpoint - Williamsburg waterfront exclusion area shall be the same as the period of tax benefits awarded under clause (A) of subparagraph (ii) of paragraph (a) of subdivision two of this section. 7. (a) For the purposes of this subdivision: (i) "affordable units" shall mean units which meet the affordability requirements set forth in paragraph (c) of this subdivision. (ii) "geographic exclusion areas" shall mean: (A) areas described in subdivision eleven of this section, (B) in the borough of Manhattan tax lots now existing or hereafter created south of or adjacent to either side of one hundred tenth street, and (C) areas made ineligible for the benefits of this section: (1) as set forth in section 11-245 of the administrative code of the city of New York on the effective date of this subdivision, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas, (2) as set forth in local law number fifty-eight of the city of New York for the year two thousand six, notwithstanding any exceptions to ineligibility contained in such local law for certain types of projects in such areas and notwithstanding the effective date of such law, and (3) by local law after the effective date of this subdivision. (b) Notwithstanding any provision of this section or any local law to the contrary, the benefits of this section shall not be available for new multiple dwellings located in a geographic exclusion area which commence construction after December twenty-eighth, two thousand seven unless they comply with the provisions of this subdivision for thirty-five years from completion of construction of the building receiving benefits pursuant to this section. (c)(i) Not less than twenty percent of the units in the multiple dwelling must, upon the initial rental or sale of the units and upon allsubsequent rentals of the units after a vacancy, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed sixty percent of the area median incomes adjusted for family size or (ii) if the construction of such building is carried out with substantial assistance of grants, loans or subsidies from any federal, state or local agency or instrumentality and such assistance is provided pursuant to a program for the development of affordable housing, not less than twenty percent of the units in the multiple dwelling must, either (A) upon the initial rental of the units and upon all subsequent rentals of the units after a vacancy, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed one hundred twenty percent of the area median incomes adjusted for family size and, where the multiple dwelling contains more than twenty-five units, do not exceed an average of ninety percent of the area median incomes adjusted for family size, or (B) upon the initial sale of the units, be affordable to and occupied or available for occupancy by individuals or families whose incomes at the time of initial occupancy do not exceed one hundred twenty-five percent of the area median incomes adjusted for family size. (d) Unless preempted by federal requirements: (i) all affordable units must have a comparable number of bedrooms as market rate units and a unit mix proportional to the market rate units, or at least fifty percent of the affordable units must have two or more bedrooms and no more than fifty percent of the remaining units can be smaller than one bedroom or in addition to the requirements of paragraph (c) of this subdivision, the floor area of affordable units is no less than twenty percent of the total floor area of all dwelling units; and (ii) residents of the community board where the multiple dwelling which receives the benefits provided in this section is located shall, upon initial occupancy, have priority for the purchase or rental of fifty percent of the affordable units. (e) Notwithstanding any provision of law to the contrary, affordable rental units must remain as rent stabilized units for thirty-five years from completion of construction provided that tenants holding a lease and in occupancy at the expiration of the rent stabilization period shall have the right to remain as rent stabilized tenants for the duration of their occupancy. (f) All affordable units must be situated onsite. For the purposes of this section, "onsite" shall mean that affordable units shall be situated within the building or buildings for which benefits pursuant to this section are being granted. (g) The limitations on eligibility for benefits contained in this subdivision shall be in addition to those contained in this section and in any other law or regulation. 8. (a) As used in this subdivision, the following terms shall have the following meanings: (i) "Building service employee" means any person who is regularly employed at a building who performs work in connection with the care or maintenance of such building. "Building service employee" includes, but is not limited to superintendent, watchman, guard, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, elevator operator and starter, and window cleaner, but shall not include persons regularly scheduled to work fewer than eight hours per week in the building. (ii) "Prevailing wage" means the wage determined by the fiscal officer to be prevailing for the various classes of building service employees in the locality pursuant to section two hundred thirty of the labor law.(b) No benefits under this section shall be conferred for any construction commenced on or after December twenty-eighth, two thousand seven for any tax lots now existing or hereafter created except where the applicant agrees that all building service employees employed at the building, whether employed directly by the applicant or its successors, or through a property management company or a contractor, shall receive the applicable prevailing wage for the duration of the building's tax exemption. (c) The limitations contained in paragraph (b) of this subdivision shall not be applicable to: (i) projects containing less than fifty dwelling units; or (ii) buildings where the local housing agency certifies that at initial occupancy at least fifty percent of the dwelling units are affordable to individuals or families with a gross household income at or below one hundred twenty-five percent of the area median income and that any such units which are located in rental buildings will be subject to restrictions to insure that they will remain affordable for the entire period during which they receive benefits under this section. (d) The local housing agency shall prescribe appropriate sanctions for failure to comply with the provisions of this subdivision. (e) Solely for purposes of paragraph (b) of this subdivision, construction shall be deemed to have commenced when excavation or alteration has begun in good faith on the basis of approved construction plans. (f) The limitations on eligibility for benefits contained in this subdivision shall be in addition to those contained in any other law or regulation. 9. (a) As used in this subdivision, the following terms shall have the following meanings: (i) "Residential tax lot" shall mean a tax lot that contains dwelling units. (ii) "Non-residential tax lot" shall mean a tax lot that does not contain any dwelling units. (iii) "Annual limit" shall mean sixty-five thousand dollars, which amount shall be increased by three percent, compounded annually, on each taxable status date following the first anniversary of the effective date of this subdivision. (iv) "Certificate of occupancy" shall mean the first certificate of occupancy covering all residential areas of the building on or containing a tax lot. (v) "Unit count" shall mean: (A) in the case of a residential tax lot that does not contain any commercial, community facility or accessory use space, the number of dwelling units in such tax lot, and (B) in the case of a residential tax lot that contains commercial, community facility or accessory use space, the number of dwelling units in such tax lot plus one. (vi) "Exemption cap" shall mean the unit count multiplied by the annual limit. (b) The provisions of this subdivision shall apply only to projects that commence construction on or after December twenty-eighth, two thousand seven. (c) The portion of the assessed valuation of any residential tax lot exempted from real property taxation in any year pursuant to this section shall not exceed the exemption cap on or after the first taxable status date after the building on or containing such tax lot receives its certificate of occupancy, unless, it complies with the requirements of item a or b of clause (D) of subparagraph (iii) of paragraph (a) ofsubdivision two of this section or the requirements of item a or b of clause (A) of subparagraph (iv) of paragraph (a) of subdivision two of this section. The portion of the assessed valuation of all non-residential tax lots in the building on or containing such non-residential tax lots exempted from real property taxation in any year pursuant to this section shall not exceed a cumulative total equal to the annual limit on or after the first taxable status date after the building on or containing such non-residential tax lots receives its certificate of occupancy. A dwelling unit that is located in two or more tax lots shall be ineligible to receive any benefits under this section. 10. (a) The local housing agency shall implement procedures to insure that affordable units created pursuant to this section, or units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section, continue to be affordable as required by the provisions of this section or such local law, and that units made subject to rent stabilization remain subject thereto as required by the provisions of this section. Such procedures shall include but shall not be limited to the following: (i) all rent stabilization registrations required to be filed on or after January first, two thousand eight shall contain a designation which identifies all units that are subject to the provisions of this section as "421-a units" and specifically identifies affordable units created pursuant to this section and units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section as "421-a affordable units" and shall contain an explanation of the requirements that apply to all such units. The owner of a unit that is subject to the provisions of this section shall, in addition to complying with the requirements of section 26-517 of the rent stabilization law, file a copy of the rent registration for each such unit with the local housing agency; (ii) the local housing agency with cooperation of the division of housing and community renewal shall monitor and enforce compliance with the filing requirements of this section; (iii) the local housing agency shall create a report which, at a minimum, contains the following information for every building which receives benefits pursuant to this section: address, commencement and termination date of the benefits, total number of residential units, number of "421-a units" and number of "421-a affordable units", apartment number or other designation of such units and the rent for each of such units. The local housing agency with the cooperation of the division of housing and community renewal shall maintain, and update such report no less than annually, with information secured from annual registrations. Such reports shall be available for public inspection in a form that assigns a unique designation to each unit other than its actual apartment number to maintain the privacy of such information; and (iv) the local housing agency shall monitor any change in such information, shall investigate any such changes which indicate a failure to comply with the provisions of this section, and shall take appropriate action based on its findings. (b) Failure to comply with the provisions of this section which require the creation and maintenance of affordable units pursuant to this section, or units which are required to be occupied by persons or families who meet specified income limits pursuant to the provisions of a local law enacted pursuant to this section, at any time during the duration of the building's tax exemption shall result in revocation of any benefits under this section for the period of such non-compliance.If an on-going pattern of non-compliance is found to exist, such benefits may be revoked from their inception. Notwithstanding the revocation of benefits for a building pursuant to the provisions of this subdivision, all units in such building shall continue to remain subject to the provisions of the rent stabilization law for the entire intended period as if the benefits had not been revoked. (c) The provisions of this subdivision relating to enforcement of the provisions of this section shall be in addition to any other provisions contained in this section or any other law. (d) The revocation of benefits for noncompliance with this section shall not exempt any unit from continued compliance with the requirements of this section. 11. Additional geographic exclusion areas: (a) Any tax lots now existing or hereafter created which are located entirely within the geographic area in the borough of Brooklyn bounded and described as follows: (i) In the County of Kings, Beginning at a point where Warwick Street meets Belmont Avenue, thence westerly along said avenue to Jerome Street, thence southerly along said street to Sutter Avenue, thence westerly on said avenue to Barbey Street, thence northerly along said street to Belmont Avenue, thence westerly on said avenue to New Jersey Avenue, thence southerly on said avenue to Sutter Avenue, thence westerly on said avenue to Pennsylvania Avenue, thence northerly on said avenue to Belmont Avenue, thence westerly on said avenue to Sheffield Avenue, thence southerly on said avenue to Sutter Avenue, thence westerly on said avenue to Snediker Avenue, thence northerly on said avenue to William's Place, thence northerly on said place to Fulton Street, thence easterly on said street to Jamaica Avenue, thence easterly on said avenue to Van Siclen Avenue, thence southerly on said avenue to Arlington Avenue, thence easterly on said avenue to Warwick Street, thence southerly on said street to Atlantic Avenue, thence westerly on said avenue to Jerome Street, thence southerly on said street to Liberty Avenue, thence easterly on said avenue to Warwick Street, thence southerly along said street to its intersection with Belmont Avenue, the point of beginning. (ii) In the County of Kings, Beginning at a point where Bushwick Avenue meets with Stewart Street, thence southwesterly on said street to Broadway, thence southeasterly on Broadway to Conway Street, thence southwesterly on said street to Truxton Street, thence westerly on said street to Sackman Street, thence southerly on said street to Atlantic Avenue, thence westerly on said avenue to Howard Avenue, thence northerly on said avenue to MacDougal Street, thence westerly on said street to Fulton Street, thence westerly on said street to Patchen Avenue, thence northerly on said avenue to Hancock Street, thence easterly on said street to Saratoga Avenue, thence northerly on said avenue to a point midway between Hancock Street and Jefferson Avenue, thence easterly along the line extended to the northern intersection of Broadway and Hancock Street, thence northerly along Hancock Street to Bushwick Avenue, thence easterly along said avenue to its intersection with Stewart Street, the point of beginning. (iii) In the County of Kings, Beginning at a point where Prospect Place meets Ralph Avenue, thence southerly along said avenue to Sutter Avenue, thence westerly along said avenue to east 98th Street, thence southeasterly along said street to Rutland Road, thence southwesterly along said road to East 92nd Street, thence northwesterly along said street to East New York Avenue, thence southerly along said avenue to Lefferts Avenue, thence westerly along said avenue to Utica Avenue, thence northerly along said avenue to Lincoln Place, thence easterly onsaid place to Rochester Avenue, thence northerly on said avenue to St. Mark's Avenue thence easterly on St. Mark's Avenue to Buffalo Avenue, thence southerly on said avenue to Prospect Place, thence west
