Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 9006--C A. 10006--C
S E N A T E - A S S E M B L Y
January 21, 2026
___________
IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
cle seven of the Constitution -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to
article seven of the Constitution -- read once and referred to the
Committee on Ways and Means -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
again reported from said committee with amendments, ordered reprinted
as amended and recommitted to said committee -- again reported from
said committee with amendments, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to contracts for excel-
lence, foundation aid, the homeless and foster count, renewable energy
projects, zero-emission school buses, and to apportioning aid for
universal prekindergarten; to amend chapter 91 of the laws of 2002
amending the education law and other laws relating to reorganization
of the New York city school construction authority, board of education
and community boards, in relation to the effectiveness thereof; to
amend chapter 345 of the laws of 2009 amending the education law and
other laws relating to the New York city board of education, chancel-
lor, community councils, and community superintendents, in relation to
the effectiveness thereof; to amend the education law, in relation to
the apportionment of moneys for school aid; to amend chapter 756 of
the laws of 1992 relating to funding a program for work force educa-
tion conducted by the consortium for worker education in New York
city, in relation to reimbursement for the 2026-2027 school year and
the maximum contract hours, withholding a portion of employment prepa-
ration education aid, and the effectiveness thereof; to amend the
education law, in relation to the use of apportionments for the EXCEL
program; to amend part I of chapter 61 of the laws of 2006 amending
the education law and the public authorities law relating to expanding
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12672-05-6
S. 9006--C 2 A. 10006--C
our children's education and learning, in relation to the effective-
ness thereof; to amend the education law, in relation to maximum class
sizes for special classes for certain students with disabilities; to
amend chapter 82 of the laws of 1995 amending the education law and
other laws relating to state aid to school districts and the appropri-
ation of funds for the support of government, in relation to the
effectiveness thereof; providing for special apportionment for salary
expenses; providing for special apportionment for public pension
accruals; to amend chapter 121 of the laws of 1996 authorizing the
Roosevelt union free school district to finance deficits by the issu-
ance of serial bonds, in relation to the effectiveness thereof;
providing for set-asides from the state funds which certain districts
are receiving from the total foundation aid; providing for support of
public libraries; and to repeal certain provisions of the education
law relating to the statewide universal full-day prekindergarten
program (Part A); to amend the education law, in relation to
evidence-based mathematics instruction (Part B); to amend the educa-
tion law, in relation to eligibility for the New York opportunity
promise scholarship (Part C); intentionally omitted (Part D); to amend
the education law, in relation to tuition rates of non-resident under-
graduate and graduate students at the state university of New York and
city university of New York (Part E); to amend the education law, in
relation to early childhood educator eligibility for the masters-in-e-
ducation teacher incentive scholarship program (Part F); to amend the
state finance law, in relation to the New York state music grant fund
(Part G); intentionally omitted (Part H); intentionally omitted (Part
I); intentionally omitted (Part J); to amend part N of chapter 56 of
the laws of 2020 amending the social services law relating to restruc-
turing financing for residential school placements, in relation to the
effectiveness thereof (Part K); to amend the social services law, in
relation to increasing the standards of monthly need for aged, blind
and disabled persons living in the community (Part L); to utilize
reserves in the mortgage insurance fund for various housing purposes
(Part M); to amend the not-for-profit corporation law, in relation to
the maximum number of land banks that can simultaneously exist in New
York state (Part N); to amend the real property tax law, in relation
to authorizing a tax abatement for alterations and improvements to
multiple dwellings for purposes of preserving habitability in afforda-
ble housing (Part O); to amend the penal law, in relation to the
aggravated harassment of a rent regulated tenant (Part P); to amend
the executive law, in relation to renumbering the disparate impact
standard for housing and employment in the human rights law (Part Q);
and to amend the real property tax law, in relation to eligible multi-
ple dwellings under the affordable New York housing program (Part R)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
necessary to implement the state education, labor, housing and family
assistance budget for the 2026-2027 state fiscal year. Each component is
wholly contained within a Part identified as Parts A through R. The
effective date for each particular provision contained within such Part
is set forth in the last section of such Part. Any provision in any
section contained within a Part, including the effective date of the
S. 9006--C 3 A. 10006--C
Part, which makes a reference to a section "of this act", when used in
connection with that particular component, shall be deemed to mean and
refer to the corresponding section of the Part in which it is found.
Section three of this act sets forth the general effective date of this
act.
PART A
Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 1 of part A of chapter 56 of the laws of
2025, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year and
provided further that, a school district that submitted a contract for
excellence for the two thousand twelve--two thousand thirteen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year and provided further that, a school district that submitted a
contract for excellence for the two thousand thirteen--two thousand
fourteen school year, unless all schools in the district are identified
as in good standing, shall submit a contract for excellence for the two
thousand fourteen--two thousand fifteen school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand thirteen--two
thousand fourteen school year; and provided further that, a school
S. 9006--C 4 A. 10006--C
district that submitted a contract for excellence for the two thousand
fourteen--two thousand fifteen school year, unless all schools in the
district are identified as in good standing, shall submit a contract for
excellence for the two thousand fifteen--two thousand sixteen school
year which shall, notwithstanding the requirements of subparagraph (vi)
of paragraph a of subdivision two of this section, provide for the
expenditure of an amount which shall be not less than the amount
approved by the commissioner in the contract for excellence for the two
thousand fourteen--two thousand fifteen school year; and provided
further that a school district that submitted a contract for excellence
for the two thousand fifteen--two thousand sixteen school year, unless
all schools in the district are identified as in good standing, shall
submit a contract for excellence for the two thousand sixteen--two thou-
sand seventeen school year which shall, notwithstanding the requirements
of subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand fifteen--two thousand sixteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand sixteen--two thousand seventeen school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
seventeen--two thousand eighteen school year which shall, notwithstand-
ing the requirements of subparagraph (vi) of paragraph a of subdivision
two of this section, provide for the expenditure of an amount which
shall be not less than the amount approved by the commissioner in the
contract for excellence for the two thousand sixteen--two thousand
seventeen school year; and provided further that a school district that
submitted a contract for excellence for the two thousand seventeen--two
thousand eighteen school year, unless all schools in the district are
identified as in good standing, shall submit a contract for excellence
for the two thousand eighteen--two thousand nineteen school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the amount approved by the
commissioner in the contract for excellence for the two thousand seven-
teen--two thousand eighteen school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand eighteen--two thousand nineteen school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand nineteen--two thousand
twenty school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eighteen--two thousand nineteen school year; and
provided further that, a school district that submitted a contract for
excellence for the two thousand nineteen--two thousand twenty school
year, unless all schools in the district are identified as in good
standing, shall submit a contract for excellence for the two thousand
twenty--two thousand twenty-one school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner in the contract
for excellence for the two thousand nineteen--two thousand twenty school
year; and provided further that, a school district that submitted a
S. 9006--C 5 A. 10006--C
contract for excellence for the two thousand twenty--two thousand twen-
ty-one school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-one--two thousand twenty-two school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty--two
thousand twenty-one school year; and provided further that, a school
district that submitted a contract for excellence for the two thousand
twenty-one--two thousand twenty-two school year, unless all schools in
the district are identified as in good standing, shall submit a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand twenty-one--two thousand twenty-two school year;
and provided further that, a school district that submitted a contract
for excellence for the two thousand twenty-two--two thousand twenty-
three school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-three--two thousand twenty-four school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty-two--
two thousand twenty-three school year; and provided further that, a
school district that submitted a contract for excellence for the two
thousand twenty-three--two thousand twenty-four school year, unless all
schools in the district are identified as in good standing, shall submit
a contract for excellence for the two thousand twenty-four--two thousand
twenty-five school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand twenty-three--two thousand twenty-four school year;
and provided further that a school district that submitted a contract
for excellence for the two thousand twenty-four--two thousand twenty-
five school year, unless all schools in the district are identified as
in good standing, shall submit a contract for excellence for the two
thousand twenty-five--two thousand twenty-six school year which shall,
notwithstanding the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section, provide for the expenditure of an
amount which shall be not less than the amount approved by the commis-
sioner in the contract for excellence for the two thousand twenty-four-
-two thousand twenty-five school year; AND PROVIDED FURTHER THAT A
SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR, UNLESS ALL
SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT
A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND
TWENTY-SEVEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING THE REQUIREMENTS
OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE NOT LESS THAN
THE AMOUNT APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL YEAR;
S. 9006--C 6 A. 10006--C
provided, however, that, in a city school district in a city having a
population of one million or more, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section, the
contract for excellence shall provide for the expenditure as set forth
in subparagraph (v) of paragraph a of subdivision two of this section.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" shall be calculated as the sum of one minus the quotient of the sum
of the school district's net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten, making appropriations for the support of
government, plus the school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand eleven, making appropriations
for the support of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of two thou-
sand eleven, making appropriations for the local assistance budget,
including support for general support for public schools. Provided,
further, that such amount shall be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school year or to support new or expanded allowable
programs and activities in the current year.
§ 2. Subdivision 4 of section 3602 of the education law is amended by
adding a new paragraph g to read as follows:
G. FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX--TWO THOUSAND
TWENTY-SEVEN SCHOOL YEAR. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, FOUNDATION AID PAYABLE IN THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN SCHOOL YEAR SHALL EQUAL THE GREATER OF TOTAL FOUN-
DATION AID OR THE PRODUCT OF ONE AND TWO HUNDREDTHS (1.02) MULTIPLIED BY
THE FOUNDATION AID BASE.
§ 2-a. Subdivision 1 of section 3602 of the education law is amended
by adding a new paragraph kk to read as follows:
KK. "HOMELESS AND FOSTER COUNT" SHALL MEAN THE SUM OF (I) THE PRODUCT
OF TWELVE HUNDREDTHS (0.12) MULTIPLIED BY THE THREE-YEAR AVERAGE OF
STUDENTS EXPERIENCING HOMELESSNESS PLUS (II) THE PRODUCT OF TWELVE
HUNDREDTHS (0.12) MULTIPLIED BY THE THREE-YEAR AVERAGE OF FOSTER
STUDENTS, WHERE:
(1) "STUDENTS EXPERIENCING HOMELESSNESS" SHALL BE EQUAL TO THE UNDU-
PLICATED COUNT OF STUDENTS WHO LACK A FIXED, REGULAR, AND ADEQUATE
NIGHTTIME RESIDENCE, INCLUDING A STUDENT WHO IS SHARING THE HOUSING OF
OTHER PERSONS DUE TO A LOSS OF HOUSING, ECONOMIC HARDSHIP, OR SIMILAR
REASON; LIVING IN MOTELS, HOTELS, TRAILER PARKS OR CAMPING GROUNDS DUE
TO THE LACK OF ALTERNATIVE ADEQUATE ACCOMMODATIONS; ABANDONED IN HOSPI-
TALS; OR A MIGRATORY CHILD, AS DEFINED BY THE COMMISSIONER, WHO QUALI-
FIES AS HOMELESS UNDER ANY OF THE ABOVE PROVISIONS; OR HAS A PRIMARY
NIGHTTIME LOCATION THAT IS A SUPERVISED PUBLICLY OR PRIVATELY OPERATED
SHELTER DESIGNED TO PROVIDE TEMPORARY LIVING ACCOMMODATIONS INCLUDING,
BUT NOT LIMITED TO, SHELTERS OPERATED OR APPROVED BY THE STATE OR LOCAL
DEPARTMENT OF SOCIAL SERVICES, AND RESIDENTIAL PROGRAMS FOR RUNAWAY AND
HOMELESS YOUTH ESTABLISHED PURSUANT TO ARTICLE NINETEEN-H OF THE EXECU-
TIVE LAW OR A PUBLIC OR PRIVATE PLACE NOT DESIGNED FOR, OR ORDINARILY
USED AS, A REGULAR SLEEPING ACCOMMODATION FOR HUMAN BEINGS, INCLUDING A
CAR, PARK, PUBLIC SPACE, ABANDONED BUILDING, SUBSTANDARD HOUSING, BUS,
TRAIN STATION, OR SIMILAR SETTING. HOMELESS STUDENTS DOES NOT INCLUDE
CHILDREN IN FOSTER CARE PLACEMENTS OR WHO ARE RECEIVING EDUCATIONAL
SERVICES PURSUANT TO SUBDIVISION FOUR, FIVE, SIX, SIX-A, OR SEVEN OF
S. 9006--C 7 A. 10006--C
SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER OR PURSUANT TO ARTICLE
EIGHTY-ONE, EIGHTY-FIVE, EIGHTY-SEVEN OR EIGHTY-EIGHT OF THIS CHAPTER;
(2) THE "THREE-YEAR AVERAGE OF STUDENTS EXPERIENCING HOMELESSNESS"
SHALL BE EQUAL TO THE QUOTIENT OF (I) THE UNDUPLICATED COUNT OF STUDENTS
EXPERIENCING HOMELESSNESS FOR THE SCHOOL YEAR PRIOR TO THE BASE YEAR,
PLUS SUCH NUMBER FOR THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR,
PLUS SUCH NUMBER FOR THE SCHOOL YEAR THREE YEARS PRIOR TO THE BASE YEAR,
DIVIDED BY (II) THREE, ROUNDED TO THE NEAREST WHOLE NUMBER;
(3) "FOSTER STUDENTS" SHALL BE EQUAL TO THE UNDUPLICATED COUNT OF
STUDENTS IN TWENTY-FOUR-HOUR SUBSTITUTE CARE FOR CHILDREN PLACED AWAY
FROM THEIR PARENTS AND FOR WHOM THE AGENCY UNDER TITLE IV-E OF THE
SOCIAL SECURITY ACT HAS PLACEMENT AND CARE RESPONSIBILITY. THIS SHALL
INCLUDE, BUT IS NOT LIMITED TO, PLACEMENTS IN FOSTER FAMILY HOMES,
FOSTER HOMES OF RELATIVES, GROUP HOMES, EMERGENCY SHELTERS, RESIDENTIAL
FACILITIES, CHILD CARE INSTITUTIONS, AND PRE-ADOPTIVE HOMES. A CHILD IS
IN FOSTER CARE IN ACCORDANCE WITH THIS DEFINITION REGARDLESS OF WHETHER
OR NOT THE FOSTER CARE FACILITY IS LICENSED AND PAYMENTS ARE MADE BY THE
STATE, TRIBAL, OR LOCAL AGENCY FOR THE CARE OF THE CHILD, WHETHER
ADOPTION SUBSIDY PAYMENTS ARE BEING MADE PRIOR TO THE FINALIZATION OF AN
ADOPTION, OR WHETHER THERE IS FEDERAL MATCHING OF ANY PAYMENTS THAT ARE
MADE; AND
(4) THE "THREE-YEAR AVERAGE OF FOSTER STUDENTS" SHALL BE EQUAL TO THE
QUOTIENT OF (I) THE UNDUPLICATED COUNT OF FOSTER STUDENTS FOR THE SCHOOL
YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR TWO
YEARS PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER FOR THE SCHOOL YEAR THREE
YEARS PRIOR TO THE BASE YEAR, DIVIDED BY (II) THREE, ROUNDED TO THE
NEAREST WHOLE NUMBER.
§ 2-b. Paragraph s of subdivision 1 of section 3602 of the education
law, as amended by section 4-a of part A of chapter 56 of the laws of
2025, is amended to read as follows:
s. "Extraordinary needs count" shall mean the sum of (I) the product
of the English language learner count multiplied by the ELL weight,
[plus,] (II) the poverty count [and], (III) THE HOMELESS AND FOSTER
COUNT, PLUS (IV) the sparsity count, provided that the 'ELL weight'
shall be five tenths (0.50) for the two thousand twenty-four--two thou-
sand twenty-five school year and prior, [and shall be equal to] fifty-
three hundredths (0.53) in the two thousand twenty-five--two thousand
twenty-six school year, AND SIX TENTHS (0.6) IN THE TWO THOUSAND TWEN-
TY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR and thereafter.
§ 3. Paragraph a of subdivision 6 of section 3602 of the education law
is amended by adding a new subparagraph 13 to read as follows:
(13) (A) RENEWABLE ENERGY PROJECTS SHALL BE CONSIDERED PART OF THE
COST ALLOWANCES CALCULATED BY THE COMMISSIONER PURSUANT TO THIS SUBPARA-
GRAPH.
(B) FOR THE PURPOSES OF DETERMINING ELIGIBLE COST ALLOWANCES PURSUANT
TO THIS SUBPARAGRAPH, RENEWABLE ENERGY PROJECTS SHALL INCLUDE: (I) SOLAR
PHOTOVOLTAIC OR THERMAL SYSTEMS, WHETHER GROUND-MOUNTED OR ROOF-MOUNTED;
(II) GEOTHERMAL SYSTEMS; AND (III) OTHER SYSTEMS, AS DEFINED IN SUBDIVI-
SION ONE OF SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE LAW, WHICH MAY BE
CONSIDERED APPROPRIATE BY THE COMMISSIONER AND THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY. RENEWABLE ENERGY PROJECTS MAY NOT
INCLUDE CAPITAL EXPENSES ALLOWABLE UNDER SUBDIVISION SEVEN OF THIS
SECTION.
(C) GROUND-MOUNTED RENEWABLE ENERGY PROJECTS SHALL BE SITED TO MINI-
MIZE IMPACTS ON ATHLETIC FIELDS, OUTDOOR EDUCATIONAL SPACES, AND NATURAL
AREAS SERVING THE SCHOOL.
S. 9006--C 8 A. 10006--C
(D) THE PORTION OF PROJECT COSTS ATTRIBUTABLE TO SYSTEM CAPACITY THAT,
WHEN COMBINED WITH OTHER RENEWABLE ENERGY PROJECTS, IF ANY, EXCEEDS ONE
HUNDRED TEN PERCENT OF THE BUILDING'S BASELINE ENERGY CONSUMPTION SHALL
NOT CONSTITUTE AN AIDABLE EXPENSE. BASELINE ENERGY CONSUMPTION SHALL BE
CALCULATED USING A METHODOLOGY AS DETERMINED BY THE COMMISSIONER, IN
CONSULTATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, WHICH SHALL CONSIDER HISTORIC ENERGY CONSUMPTION.
§ 3-a. The opening paragraph of paragraph (a) of subdivision 2 and the
opening paragraph of subdivision 3 of section 3638 of the education law,
as added by section 1 of subpart A of part B of chapter 56 of the laws
of 2022, are amended to read as follows:
No later than July first, two thousand [twenty-seven] THIRTY-TWO,
every school district shall:
No later than July first, two thousand [thirty-five] FORTY, every
school district shall:
§ 4. Paragraphs b and c of subdivision 1 of section 3602-e of the
education law, as amended by section 19 of part B of chapter 57 of the
laws of 2007, are amended and four new paragraphs c-1, f, g, and h are
added to read as follows:
b. "Eligible agencies" shall mean a provider of child care and early
education, a day care provider, early childhood program or center, NON-
PROFIT ORGANIZATION, CHARTER SCHOOL, LIBRARY, MUSEUM, or community-based
organization, including but not limited to approved pre-school special
education programs, head start, and nursery schools so long as the stan-
dards and qualifications set forth pursuant to subdivision twelve of
this section have been met.
c. "Eligible FOUR-YEAR-OLD children" shall mean resident children who
are four years of age on or before December first of the year in which
they are enrolled or who will otherwise be first eligible to enter
public school kindergarten commencing with the following school year.
C-1. "ELIGIBLE THREE-YEAR-OLD CHILDREN" SHALL MEAN RESIDENT CHILDREN
WHO ARE THREE YEARS OF AGE ON OR BEFORE DECEMBER FIRST OF THE YEAR IN
WHICH THEY ARE ENROLLED OR WHO WILL OTHERWISE BE FIRST ELIGIBLE TO ENTER
PUBLIC SCHOOL KINDERGARTEN COMMENCING TWO YEARS FROM THE TIME OF ENROLL-
MENT.
F. "UNIVERSAL ACCESS PROXY" SHALL MEAN THE PRODUCT OF EIGHTY-FIVE
PERCENT MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY, BETWEEN THE SUM
OF THE PUBLIC SCHOOL ENROLLMENT AND THE NONPUBLIC SCHOOL ENROLLMENT OF
CHILDREN ATTENDING FULL-DAY AND HALF-DAY KINDERGARTEN PROGRAMS IN THE
DISTRICT IN THE YEAR PRIOR TO THE BASE YEAR LESS THE NUMBER OF RESIDENT
CHILDREN WHO ATTAIN THE AGE OF FOUR BEFORE DECEMBER FIRST OF THE BASE
YEAR, WHO WERE SERVED DURING SUCH SCHOOL YEAR BY A PREKINDERGARTEN
PROGRAM APPROVED PURSUANT TO SECTION FORTY-FOUR HUNDRED TEN OF THIS
CHAPTER, WHERE SUCH SERVICES ARE PROVIDED FOR MORE THAN FOUR HOURS PER
DAY.
G. "HALF-DAY PROGRAM" SHALL MEAN A PROGRAM WHICH SERVES STUDENTS FOR
AT LEAST TWO AND FIVE-TENTHS HOURS BUT LESS THAN FIVE HOURS PER DAY.
H. "FULL-DAY PROGRAM" SHALL MEAN A PROGRAM WHICH SERVES STUDENTS FOR
AT LEAST FIVE HOURS PER DAY.
§ 5. Subdivisions 9, 10, 11, 18, 19, and 20 of section 3602-e of the
education law are REPEALED and three new subdivisions 10, 11, and 18 are
added to read as follows:
10. UNIVERSAL PREKINDERGARTEN APPORTIONMENT. SCHOOL DISTRICTS SHALL
RECEIVE A UNIVERSAL PREKINDERGARTEN APPORTIONMENT, IN THE TWO THOUSAND
TWENTY-SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR AND THEREAFTER, EQUAL
S. 9006--C 9 A. 10006--C
TO THE SUM OF THE FOUR-YEAR-OLD APPORTIONMENT AND THE THREE-YEAR-OLD
APPORTIONMENT.
A. THE FOUR-YEAR-OLD APPORTIONMENT SHALL EQUAL THE LESSER OF (I) THE
PRODUCT OF AID PER FOUR-YEAR-OLD PREKINDERGARTEN PUPIL MULTIPLIED BY
FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED, OR (II) TOTAL ACTUAL GRANT
EXPENDITURES INCURRED BY THE SCHOOL DISTRICT AS APPROVED BY THE COMMIS-
SIONER.
(1) "AID PER FOUR-YEAR-OLD PREKINDERGARTEN PUPIL" SHALL EQUAL THE
GREATER OF (A) THE SCHOOL DISTRICT'S SELECTED FOUNDATION AID FOR THE
CURRENT YEAR PROJECTION AS OF THE FINAL ELECTRONIC DATA FILE PREPARED BY
THE COMMISSIONER PURSUANT TO PARAGRAPH B OF SUBDIVISION TWENTY-ONE OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER PRIOR TO JULY FIRST OF THE
CURRENT YEAR, CALCULATED PURSUANT TO SUBDIVISION FOUR OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART, (B) TEN THOUSAND DOLLARS, OR (C) THE
AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2025-26 4YO MAX UPK AID"
ON THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN FISCAL YEAR AND ENTITLED "BT262-7" DIVIDED BY THE
AMOUNT SET FORTH AS "2025-26 4YO MAX FTE" ON SUCH LISTING.
(2) "FOUR-YEAR-OLD PREKINDERGARTEN PUPILS SERVED" SHALL MEAN THE SUM
OF (I) THE UNDUPLICATED COUNT OF ALL ELIGIBLE FOUR-YEAR-OLD CHILDREN
REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN A FULL-DAY PROGRAM, AS
REGISTERED ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS SPECIFIED BY THE
COMMISSIONER AS THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT,
AS REPORTED TO THE COMMISSIONER PLUS (II) FOR THE TWO THOUSAND TWENTY-
SIX--TWO THOUSAND TWENTY-SEVEN SCHOOL YEAR THROUGH THE TWO THOUSAND
TWENTY-SEVEN--TWO THOUSAND TWENTY-EIGHT SCHOOL YEAR, THE PRODUCT OF FIVE
TENTHS MULTIPLIED BY THE UNDUPLICATED COUNT OF ELIGIBLE FOUR-YEAR-OLD
CHILDREN REGISTERED TO RECEIVE EDUCATIONAL SERVICES IN A HALF-DAY
PROGRAM, AS REGISTERED ON SUCH DATE AND REPORTED TO THE COMMISSIONER.
B. THE THREE-YEAR-OLD APPORTIONMENT SHALL EQUAL THE LESSER OF (I) THE
PRODUCT OF THE THREE-YEAR-OLD MAXIMUM APPORTIONMENT AND THE THREE-YEAR-
OLD MAINTENANCE OF EFFORT PERCENTAGE OR (II) TOTAL ACTUAL GRANT EXPENDI-
TURES INCURRED BY THE SCHOOL DISTRICT AS APPROVED BY THE COMMISSIONER.
(1) "THREE-YEAR-OLD MAXIMUM APPORTIONMENT" SHALL EQUAL THE GREATER OF
THE THREE-YEAR-OLD MAXIMUM APPORTIONMENT FROM THE BASE YEAR OR THE
AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2025-26 3YO MAX UPK AID"
ON THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN FISCAL YEAR AND ENTITLED "BT262-7."
(2) "THREE-YEAR-OLD MAINTENANCE OF EFFORT PERCENTAGE" SHALL EQUAL THE
QUOTIENT OF THREE-YEAR-OLD STUDENTS SERVED DIVIDED BY THE MAXIMUM ELIGI-
BLE THREE-YEAR-OLD STUDENTS, BUT SHALL NOT EXCEED ONE HUNDRED PERCENT.
(A) "THREE-YEAR-OLD STUDENTS SERVED" SHALL EQUAL THE SUM OF (I) THE
UNDUPLICATED COUNT OF ELIGIBLE THREE-YEAR-OLD CHILDREN REGISTERED TO
RECEIVE EDUCATIONAL SERVICES IN A FULL-DAY PROGRAM AS REGISTERED ON THE
DATE PRIOR TO NOVEMBER FIRST THAT IS SPECIFIED BY THE COMMISSIONER AS
THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT, AS REPORTED TO
THE COMMISSIONER, PLUS (II) THE PRODUCT OF FIVE-TENTHS MULTIPLIED BY THE
UNDUPLICATED COUNT OF ELIGIBLE THREE-YEAR-OLD CHILDREN REGISTERED TO
RECEIVE EDUCATIONAL SERVICES IN A HALF-DAY PROGRAM, AS REGISTERED ON
SUCH DATE AND REPORTED TO THE COMMISSIONER, (III) LESS THE THREE-YEAR-
OLD OVERAGE PENALTY.
(I) "THREE-YEAR-OLD OVERAGE PENALTY" SHALL EQUAL, FOR DISTRICTS WITH
THIRTY PERCENT FEWER THREE-YEAR-OLD STUDENTS SERVED IN FULL-DAY PROGRAMS
IN THE CURRENT YEAR THAN THE MAXIMUM ELIGIBLE THREE-YEAR-OLD FULL-DAY
S. 9006--C 10 A. 10006--C
STUDENTS, DUE TO THE CONVERSION OF THE MAXIMUM ELIGIBLE THREE-YEAR-OLD
FULL-DAY STUDENTS TO THREE-YEAR-OLD STUDENTS SERVED IN HALF-DAY PROGRAMS
IN THE CURRENT YEAR, THE DIFFERENCE OF THE PRODUCT OF SEVEN-TENTHS
MULTIPLIED BY THE MAXIMUM ELIGIBLE THREE-YEAR-OLD FULL-DAY STUDENTS,
ROUNDED DOWN TO THE NEAREST WHOLE NUMBER, LESS THE NUMBER OF THREE-YEAR-
OLD STUDENTS SERVED IN FULL-DAY PROGRAMS IN THE CURRENT YEAR.
(II) SCHOOL DISTRICTS MAY APPLY TO THE COMMISSIONER FOR A HARDSHIP
WAIVER THAT WOULD ALLOW A DISTRICT TO CONVERT MORE THAN THIRTY PERCENT
OF THREE-YEAR-OLD STUDENTS SERVED IN FULL-DAY PROGRAMS IN THE CURRENT
YEAR TO THREE-YEAR-OLD STUDENTS SERVED IN HALF-DAY PROGRAMS IN THE
CURRENT YEAR. SUCH WAIVER SHALL BE GRANTED UPON A DEMONSTRATION BY THE
SCHOOL DISTRICT THAT DUE TO A SIGNIFICANT CHANGE IN THE RESOURCES AVAIL-
ABLE TO THE SCHOOL DISTRICT AND ABSENT SUCH HARDSHIP WAIVER, THE SCHOOL
DISTRICT WOULD BE UNABLE TO SERVE SUCH PUPILS IN PREKINDERGARTEN
PROGRAMS, WITHOUT CAUSING SIGNIFICANT DISRUPTION TO OTHER DISTRICT
PROGRAMMING. IF A HARDSHIP WAIVER IS GRANTED, THE THREE-YEAR-OLD OVERAGE
PENALTY SHALL BE ZERO FOR THE CURRENT SCHOOL YEAR. NO SCHOOL DISTRICT
SHALL BE ELIGIBLE FOR A WAIVER IN THREE OR MORE CONSECUTIVE SCHOOL
YEARS.
(B) "MAXIMUM ELIGIBLE THREE-YEAR-OLD STUDENTS" SHALL EQUAL THE GREATER
OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "2025-26 3YO MAX UPK
FTE" ON THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOUSAND TWENTY-SIX--TWO
THOUSAND TWENTY-SEVEN FISCAL YEAR AND ENTITLED "BT262-7" OR THE SUM OF
(I) THE MAXIMUM ELIGIBLE THREE-YEAR-OLD STUDENTS IN FULL-DAY PROGRAMS IN
THE BASE YEAR PLUS (II) THE PRODUCT OF FIVE-TENTHS MULTIPLIED BY THE
MAXIMUM ELIGIBLE THREE-YEAR-OLD STUDENTS IN HALF-DAY PROGRAMS IN THE
BASE YEAR.
C. SCHOOL DISTRICTS SHALL RECEIVE UP TO FIFTY PERCENT OF THE UNIVERSAL
PREKINDERGARTEN APPORTIONMENT DEFINED IN THIS SUBDIVISION UPON APPROVAL
OF THE APPLICATION SUBMITTED PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION, BUT NOT EARLIER THAN SEPTEMBER FIRST. SCHOOL DISTRICTS MAY BE
ELIGIBLE FOR AN ADDITIONAL TWENTY PERCENT OF SUCH APPORTIONMENT AFTER
APRIL FIRST OF EACH SCHOOL YEAR UPON COMPLETION OF A REQUEST FOR FUNDS
ON A FORM DESIGNATED BY THE COMMISSIONER. THE REMAINDER OF SUCH APPOR-
TIONMENT SHALL BE PAID TO EACH SCHOOL DISTRICT UPON ACCEPTANCE OF A
FINAL EXPENDITURE REPORT SUBMITTED ON A FORM DESIGNATED BY THE COMMIS-
SIONER IN THE FOLLOWING SCHOOL YEAR.
11. NO LATER THAN THE TWO THOUSAND TWENTY-EIGHT--TWO THOUSAND TWENTY-
NINE SCHOOL YEAR, ALL SCHOOL DISTRICTS SHALL SERVE IN A FULL-DAY PREKIN-
DERGARTEN PROGRAM ALL ELIGIBLE FOUR-YEAR-OLD CHILDREN WHOSE PARENT OR
GUARDIAN APPLIES TO ENROLL SUCH CHILD IN THE DISTRICT'S UNIVERSAL PREK-
INDERGARTEN PROGRAM, WHETHER SUCH SERVICES ARE PROVIDED DIRECTLY THROUGH
THE SCHOOL DISTRICT, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR
COLLABORATIVE EFFORTS BETWEEN THE SCHOOL DISTRICT AND AN ELIGIBLE AGENCY
OR AGENCIES.
18. NOTWITHSTANDING PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWEN-
TY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER AND PARAGRAPH (C) OF SUBDI-
VISION TWO OF SECTION TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER,
CHARTER SCHOOLS SHALL BE ELIGIBLE TO PARTICIPATE IN UNIVERSAL PREKINDER-
GARTEN PROGRAMS UNDER THIS SECTION AS ELIGIBLE AGENCIES, PROVIDED THAT
ALL SUCH MONITORING, PROGRAMMATIC REVIEW AND OPERATIONAL REQUIREMENTS
UNDER THIS SECTION SHALL BE THE RESPONSIBILITY OF THE CHARTER ENTITY AND
SHALL BE CONSISTENT WITH THE REQUIREMENTS UNDER ARTICLE FIFTY-SIX OF
THIS CHAPTER. THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL APPLY TO
S. 9006--C 11 A. 10006--C
THE ADMISSION OF PREKINDERGARTEN STUDENTS. THE LIMITATIONS ON THE
EMPLOYMENT OF UNCERTIFIED TEACHERS UNDER PARAGRAPH (A-1) OF SUBDIVISION
THREE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL
APPLY TO ALL TEACHERS FROM PREKINDERGARTEN THROUGH GRADE TWELVE.
§ 6. For the 2026-2027 school year, notwithstanding any inconsistent
provision of law, for purposes of section 3602-e of the education law,
for a city school district in a city having a population of one million
or more the maximum eligible three-year-old students shall equal 31,561
and the three-year-old maximum apportionment shall equal the product of
the maximum eligible three-year-old students multiplied by the quotient
of the amount set forth for such school district as "2025-26 3YO MAX UPK
AID" on the school aid computer listing produced by the commissioner in
support of the executive budget for the 2026-27 fiscal year and entitled
"BT262-7" divided by the amount set forth as "2025-26 3YO MAX FTE" on
such listing.
§ 7. Section 3602-ee of the education law is REPEALED.
§ 8. Paragraph i of subdivision 12 of section 3602 of the education
law, as amended by section 13 of part A of chapter 56 of the laws of
2025, is amended to read as follows:
i. For the two thousand twenty-one--two thousand twenty-two school
year through the two thousand [twenty-five] TWENTY-SIX--two thousand
[twenty-six] TWENTY-SEVEN school year, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "ACADEMIC ENHANCEMENT" under the heading "2020-21
ESTIMATED AIDS" in the school aid computer listing produced by the
commissioner in support of the budget for the two thousand twenty--two
thousand twenty-one school year and entitled "SA202-1", and such appor-
tionment shall be deemed to satisfy the state obligation to provide an
apportionment pursuant to subdivision eight of section thirty-six
hundred forty-one of this article.
§ 9. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 14 of part A of chapter 56 of the
laws of 2025, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen through two
thousand [twenty-five] TWENTY-SIX--two thousand [twenty-six] TWENTY-SEV-
EN school year equal to the greater of (1) the amount set forth for such
school district as "HIGH TAX AID" under the heading "2008-09 BASE YEAR
AIDS" in the school aid computer listing produced by the commissioner in
S. 9006--C 12 A. 10006--C
support of the budget for the two thousand nine--two thousand ten school
year and entitled "SA0910" or (2) the amount set forth for such school
district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in
the school aid computer listing produced by the commissioner in support
of the executive budget for the 2013-14 fiscal year and entitled
"BT131-4".
§ 10. Section 34 of chapter 91 of the laws of 2002 amending the educa-
tion law and other laws relating to reorganization of the New York city
school construction authority, board of education and community boards,
as amended by section 6 of part ZZ of chapter 56 of the laws of 2024, is
amended to read as follows:
§ 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2026] 2028 provided,
further that subdivision 5-a of section 2576 of the education law, as
added by section five of this act, shall not expire therewith, and
provided, further, that notwithstanding any provision of article 5 of
the general construction law, on June 30, [2026] 2028 the provisions of
subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14,
paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of
section 2554 of the education law as repealed by section three of this
act, subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
§ 11. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
amending the education law and other laws relating to the New York city
board of education, chancellor, community councils, and community super-
intendents, as amended by section 7 of part ZZ of chapter 56 of the laws
of 2024, is amended to read as follows:
12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2026] 2028.
§ 12. Intentionally omitted.
§ 12-a. Paragraph b of subdivision 21 of section 305 of the education
law, as amended by section 61 of part YYY of chapter 59 of the laws of
2017, is amended to read as follows:
S. 9006--C 13 A. 10006--C
b. The commissioner shall periodically prepare an updated electronic
data file containing actual and estimated data relating to apportion-
ments due and owing during the current school year and projections of
such apportionments for the following school year to school districts
and boards of cooperative educational services from the general support
for public schools, growth and boards of cooperative educational
services appropriations on the following dates: November fifteenth, or
such alternative date as may be requested by the director of the budget
for the purpose of preparation of the executive budget; February
fifteenth, or such alternative date as may be jointly requested by the
chair of the senate finance committee and the chair of the assembly ways
and means committee; and May fifteenth, OR SUCH ALTERNATIVE DATE AS MAY
BE JOINTLY REQUESTED BY THE DIRECTOR OF THE BUDGET, THE CHAIR OF THE
SENATE FINANCE COMMITTEE, AND THE CHAIR OF THE ASSEMBLY WAYS AND MEANS
COMMITTEE. For the purposes of using estimated data for projections of
apportionments for the following school year, when no specific appor-
tionment has yet been made for such school year, but such apportionment
has a history of annual reauthorization, the commissioner shall estimate
the apportionment at the same level as the preceding school year,
subject to the annual approval of the director of the budget, the chair-
person of the senate finance committee and the chairperson of the assem-
bly ways and means committee.
§ 13. The opening paragraph of section 3609-a of the education law, as
amended by section 17 of part A of chapter 56 of the laws of 2025, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the two thousand [twenty-five] TWENTY-SIX--two thousand
[twenty-six] TWENTY-SEVEN school year, "moneys apportioned" shall mean
the lesser of (i) the sum of one hundred percent of the respective
amount set forth for each school district as payable pursuant to this
section in the school aid computer listing for the current year produced
by the commissioner in support of the budget which includes the appro-
priation for the general support for public schools for the prescribed
payments and individualized payments due prior to April first for the
current year plus the apportionment payable during the current school
year pursuant to subdivision six-a and subdivision fifteen of section
thirty-six hundred two of this part minus any reductions to current year
aids pursuant to subdivision seven of section thirty-six hundred four of
this part or any deduction from apportionment payable pursuant to this
chapter for collection of a school district basic contribution as
defined in subdivision eight of section forty-four hundred one of this
chapter, less any grants provided pursuant to subparagraph two-a of
paragraph b of subdivision four of section ninety-two-c of the state
finance law, less any grants provided pursuant to subdivision five of
section ninety-seven-nnnn of the state finance law, less any grants
provided pursuant to subdivision twelve of section thirty-six hundred
forty-one of this article, or (ii) the apportionment calculated by the
commissioner based on data on file at the time the payment is processed;
provided however, that for the purposes of any payments made pursuant to
this section prior to the first business day of June of the current
year, moneys apportioned shall not include any aids payable pursuant to
subdivisions six and fourteen, if applicable, of section thirty-six
hundred two of this part as current year aid for debt service on bond
anticipation notes and/or bonds first issued in the current year or any
aids payable for full-day kindergarten for the current year pursuant to
subdivision nine of section thirty-six hundred two of this part. The
S. 9006--C 14 A. 10006--C
definitions of "base year" and "current year" as set forth in subdivi-
sion one of section thirty-six hundred two of this part shall apply to
this section. For aid payable in the two thousand [twenty-five] TWENTY-
SIX--two thousand [twenty-six] TWENTY-SEVEN school year, reference to
such "school aid computer listing for the current year" shall mean the
printouts entitled ["SA252-6"] "SA262-7".
§ 14. Subdivision b of section 2 of chapter 756 of the laws of 1992
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
18 of part A of chapter 56 of the laws of 2025, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section for the reimbursement for the 2018--2019 school year
shall not exceed 59.4 percent of the lesser of such approvable costs per
contact hour or fourteen dollars and ninety-five cents per contact hour,
reimbursement for the 2019--2020 school year shall not exceed 57.7
percent of the lesser of such approvable costs per contact hour or
fifteen dollars sixty cents per contact hour, reimbursement for the
2020--2021 school year shall not exceed 56.9 percent of the lesser of
such approvable costs per contact hour or sixteen dollars and twenty-
five cents per contact hour, reimbursement for the 2021--2022 school
year shall not exceed 56.0 percent of the lesser of such approvable
costs per contact hour or sixteen dollars and forty cents per contact
hour, reimbursement for the 2022--2023 school year shall not exceed 55.7
percent of the lesser of such approvable costs per contact hour or
sixteen dollars and sixty cents per contact hour, reimbursement for the
2023--2024 school year shall not exceed 54.7 percent of the lesser of
such approvable costs per contact hour or seventeen dollars and seventy
cents per contact hour, reimbursement for the 2024--2025 school year
shall not exceed 56.6 percent of the lesser of such approvable costs per
contact hour or eighteen dollars and seventy cents per contact hour,
[and] reimbursement for the 2025--2026 school year shall not exceed 58.2
percent of the lesser of such approvable costs per contact hour or nine-
teen dollars and fifty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2026--2027 SCHOOL YEAR SHALL NOT EXCEED 59.2 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWENTY DOLLARS AND
FORTY CENTS PER CONTACT HOUR, and where a contact hour represents sixty
minutes of instruction services provided to an eligible adult. Notwith-
standing any other provision of law to the contrary, for the 2018--2019
school year such contact hours shall not exceed one million four hundred
sixty-three thousand nine hundred sixty-three (1,463,963); for the
2019--2020 school year such contact hours shall not exceed one million
four hundred forty-four thousand four hundred forty-four (1,444,444);
for the 2020--2021 school year such contact hours shall not exceed one
million four hundred six thousand nine hundred twenty-six (1,406,926);
for the 2021--2022 school year such contact hours shall not exceed one
million four hundred sixteen thousand one hundred twenty-two
(1,416,122); for the 2022--2023 school year such contact hours shall not
exceed one million four hundred six thousand nine hundred twenty-six
(1,406,926); for the 2023--2024 school year such contact hours shall not
exceed one million three hundred forty-two thousand nine hundred seven-
ty-five (1,342,975); for the 2024--2025 school year such contact hours
shall not exceed one million two hundred twenty-eight thousand seven
hundred thirty-three (1,228,733); [and] for the 2025--2026 school year
such contact hours shall not exceed one million one hundred forty-three
thousand three hundred fifty-nine (1,143,359); AND FOR THE 2026--2027
S. 9006--C 15 A. 10006--C
SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SEVENTY-SEV-
EN THOUSAND FIFTY (1,077,050). Notwithstanding any other provision of
law to the contrary, the apportionment calculated for the city school
district of the city of New York pursuant to subdivision 11 of section
3602 of the education law shall be computed as if such contact hours
provided by the consortium for worker education, not to exceed the
contact hours set forth herein, were eligible for aid in accordance with
the provisions of such subdivision 11 of section 3602 of the education
law.
§ 15. Section 4 of chapter 756 of the laws of 1992 relating to funding
a program for work force education conducted by the consortium for work-
er education in New York city is amended by adding a new subdivision ee
to read as follows:
EE. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2026--2027 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
§ 16. Section 6 of chapter 756 of the laws of 1992 relating to funding
a program for work force education conducted by the consortium for work-
er education in New York city, as amended by section 20 of part A of
chapter 56 of the laws of 2025, is amended to read as follows:
§ 6. This act shall take effect July 1, 1992, and shall be deemed
repealed June 30, [2026] 2027.
§ 16-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 20-a of part A of chapter 56 of the laws
of 2025, is amended to read as follows:
a-1. Notwithstanding the provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through two thousand [twenty-five] TWENTY-SIX--two
thousand [twenty-six] TWENTY-SEVEN, the commissioner may set aside an
amount not to exceed two million five hundred thousand dollars from the
funds appropriated for purposes of this subdivision for the purpose of
serving persons twenty-one years of age or older who have not been
enrolled in any school for the preceding school year, including persons
who have received a high school diploma or high school equivalency
diploma but fail to demonstrate basic educational competencies as
defined in regulation by the commissioner, when measured by accepted
standardized tests, and who shall be eligible to attend employment prep-
aration education programs operated pursuant to this subdivision.
§ 17. Paragraph a of subdivision 14 of section 3641 of the education
law, as added by section 2 of part I of chapter 61 of the laws of 2006,
is amended to read as follows:
a. Establishment of the EXCEL program. There is hereby established the
expanding our children's education and learning (EXCEL) program to
provide project financing or assistance in the form of grants to eligi-
ble school districts, in addition to, or in lieu of, the apportionments
made pursuant to subdivisions six, six-a, six-b, six-c, six-d, six-e,
six-f and paragraph c of subdivision fourteen of section thirty-six
hundred two of this article, and subdivisions ten and twelve of this
section, for the costs of EXCEL school facility projects. An apportion-
ment for any such project shall initially be available in the state
S. 9006--C 16 A. 10006--C
fiscal year commencing April first, two thousand six. SUCH APPORTION-
MENT SHALL BE USED TO FUND PROJECTS CERTIFIED BY THE COMMISSIONER IN
ACCORDANCE WITH SUBDIVISION SIX OF SECTION SIXTEEN HUNDRED EIGHTY-NINE-I
OF THE PUBLIC AUTHORITIES LAW PRIOR TO DECEMBER THIRTY-FIRST, TWO THOU-
SAND TWENTY-EIGHT. Notwithstanding any provision of law to the contrary,
the dormitory authority of the state of New York shall be authorized to
issue bonds or notes in an aggregate amount not to exceed two billion
six hundred million dollars for purposes of the EXCEL program.
§ 18. Subparagraph 1 of paragraph b of subdivision 14 of section 3641
of the education law, as added by section 2 of part I of chapter 61 of
the laws of 2006, is amended to read as follows:
(1) "EXCEL project". An EXCEL project SHALL BE CERTIFIED BY THE
COMMISSIONER PRIOR TO DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT
AND shall include, but not be limited to, the acquisition, design, plan-
ning, construction, reconstruction, rehabilitation, preservation, devel-
opment, improvement or modernization of an EXCEL school facility, where
such project:
§ 19. Section 5 of part I of chapter 61 of the laws of 2006 amending
the education law and the public authorities law relating to expanding
our children's education and learning is amended to read as follows:
§ 5. This act shall take effect on the same date as a chapter of the
laws of 2006 enacting into law major components of legislation which are
necessary to implement the education, labor, and budget for the
2006-2007 state fiscal year, family assistance budget for the 2006-2007
state fiscal year, as proposed in legislative bill numbers S.6458-C and
A.9558-B, takes effect; PROVIDED, HOWEVER, THAT SECTIONS TWO, THREE, AND
FOUR OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON DECEMBER 31,
2029.
§ 20. Subdivision 6 of section 4402 of the education law, as amended
by section 21 of part A of chapter 56 of the laws of 2025, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [twenty-six] TWENTY-SEVEN,
be authorized to increase class sizes in special classes containing
students with disabilities whose age ranges are equivalent to those of
students in middle and secondary schools as defined by the commissioner
for purposes of this section by up to but not to exceed one and two
tenths times the applicable maximum class size specified in regulations
of the commissioner rounded up to the nearest whole number, provided
that in a city school district having a population of one million or
more, classes that have a maximum class size of fifteen may be increased
by no more than one student and provided that the projected average
class size shall not exceed the maximum specified in the applicable
regulation, provided that such authorization shall terminate on June
thirtieth, two thousand. Such authorization shall be granted upon filing
of a notice by such a board of education with the commissioner stating
the board's intention to increase such class sizes and a certification
S. 9006--C 17 A. 10006--C
that the board will conduct a study of attendance problems at the
secondary level and will implement a corrective action plan to increase
the rate of attendance of students in such classes to at least the rate
for students attending regular education classes in secondary schools of
the district. Such corrective action plan shall be submitted for
approval by the commissioner by a date during the school year in which
such board increases class sizes as provided pursuant to this subdivi-
sion to be prescribed by the commissioner. Upon at least thirty days
notice to the board of education, after conclusion of the school year in
which such board increases class sizes as provided pursuant to this
subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
§ 21. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995 amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 22 of part A of chapter 56 of the laws
of 2025, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2026] 2027 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred twenty-four of this act shall be deemed to be
repealed on and after July 1, [2026] 2027;
§ 22. Special apportionment for salary expenses. 1. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June 2027 and not later than the last day of the third full
business week of June 2027, a school district eligible for an apportion-
ment pursuant to section 3602 of the education law shall be eligible to
receive an apportionment pursuant to this section, for the school year
ending June 30, 2027, for salary expenses incurred between April 1 and
June 30, 2026 and such apportionment shall not exceed the sum of (a) the
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner of education, pursuant to paragraph f of subdivision 1 of section
3602 of the education law, as in effect through June 30, 1993, plus (b)
186 percent of such amount for a city school district in a city with a
population in excess of 1,000,000 inhabitants, plus (c) 209 percent of
such amount for a city school district in a city with a population of
more than 195,000 inhabitants and less than 219,000 inhabitants accord-
ing to the latest federal census, plus (d) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (e) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
S. 9006--C 18 A. 10006--C
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision 1 of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 23. Special apportionment for public pension accruals. 1. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2027, a school district eligi-
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2027 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
2. The claim for an apportionment to be paid to a school district
pursuant to subdivision one of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph 4
of paragraph b of subdivision 4 of section 92-c of the state finance
S. 9006--C 19 A. 10006--C
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
3. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions 1 and 2 of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph a of subdivision 1 of section
3609-a of the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such paragraph followed
by the fixed fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the teachers'
retirement system pursuant to subparagraph 1 of such paragraph, and any
remainder to be deducted from the individualized payments due the
district pursuant to paragraph b of such subdivision shall be deducted
on a chronological basis starting with the earliest payment due the
district.
§ 23-a. Subdivision a of section 5 of chapter 121 of the laws of 1996
authorizing the Roosevelt union free school district to finance deficits
by the issuance of serial bonds, as amended by section 24-a of part A of
chapter 56 of the laws of 2025, is amended to read as follows:
a. Notwithstanding any other provisions of law, upon application to
the commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year. Such apportionment shall not exceed: for the 1996-97 school year
through the [2025-26] 2026-27 school year, four million dollars
($4,000,000); for the [2026-27] 2027-28 school year, three million
dollars ($3,000,000); for the [2027-28] 2028-29 school year, two million
dollars ($2,000,000); for the [2028-29] 2029-30 school year, one million
dollars ($1,000,000); and for the [2029-30] 2030-31 school year, zero
dollars. Such annual application shall be made after the board of
education has adopted a resolution to do so with the approval of the
commissioner of education.
§ 24. The amounts specified in this section shall be a set-aside from
the state funds which each such district is receiving from the total
foundation aid:
1. for the development, maintenance or expansion of magnet schools or
magnet school programs for the 2026--2027 school year. For the city
school district of the city of New York there shall be a set-aside of
foundation aid equal to forty-eight million one hundred seventy-five
thousand dollars ($48,175,000) including five hundred thousand dollars
($500,000) for the Andrew Jackson High School; for the Buffalo city
school district, twenty-one million twenty-five thousand dollars
($21,025,000); for the Rochester city school district, fifteen million
dollars ($15,000,000); for the Syracuse city school district, thirteen
million dollars ($13,000,000); for the Yonkers city school district,
forty-nine million five hundred thousand dollars ($49,500,000); for the
S. 9006--C 20 A. 10006--C
Newburgh city school district, four million six hundred forty-five thou-
sand dollars ($4,645,000); for the Poughkeepsie city school district,
two million four hundred seventy-five thousand dollars ($2,475,000); for
the Mount Vernon city school district, two million dollars ($2,000,000);
for the New Rochelle city school district, one million four hundred ten
thousand dollars ($1,410,000); for the Schenectady city school district,
one million eight hundred thousand dollars ($1,800,000); for the Port
Chester city school district, one million one hundred fifty thousand
dollars ($1,150,000); for the White Plains city school district, nine
hundred thousand dollars ($900,000); for the Niagara Falls city school
district, six hundred thousand dollars ($600,000); for the Albany city
school district, three million five hundred fifty thousand dollars
($3,550,000); for the Utica city school district, two million dollars
($2,000,000); for the Beacon city school district, five hundred sixty-
six thousand dollars ($566,000); for the Middletown city school
district, four hundred thousand dollars ($400,000); for the Freeport
union free school district, four hundred thousand dollars ($400,000);
for the Greenburgh central school district, three hundred thousand
dollars ($300,000); for the Amsterdam city school district, eight
hundred thousand dollars ($800,000); for the Peekskill city school
district, two hundred thousand dollars ($200,000); and for the Hudson
city school district, four hundred thousand dollars ($400,000).
2. Notwithstanding any inconsistent provision of law to the contrary,
a school district setting aside such foundation aid pursuant to this
section may use such set-aside funds for: (a) any instructional or
instructional support costs associated with the operation of a magnet
school; or (b) any instructional or instructional support costs associ-
ated with implementation of an alternative approach to promote diversity
and/or enhancement of the instructional program and raising of standards
in elementary and secondary schools of school districts having substan-
tial concentrations of minority students.
3. The commissioner of education shall not be authorized to withhold
foundation aid from a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency with a request
for proposals issued by such commissioner for the purpose of attendance
improvement and dropout prevention for the 2026--2027 school year, and
for any city school district in a city having a population of more than
one million, the set-aside for attendance improvement and dropout
prevention shall equal the amount set aside in the base year. For the
2026--2027 school year, it is further provided that any city school
district in a city having a population of more than one million shall
allocate at least one-third of any increase from base year levels in
funds set aside pursuant to the requirements of this section to communi-
ty-based organizations. Any increase required pursuant to this section
to community-based organizations must be in addition to allocations
provided to community-based organizations in the base year.
4. For the purpose of teacher support for the 2026--2027 school year:
for the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); for the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); for the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); for the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and for the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this section shall be distributed among teachers
S. 9006--C 21 A. 10006--C
including prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are repres-
ented by certified or recognized employee organizations, all salary
increases funded pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to the provisions and
procedures of article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
§ 25. Support of public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws of 2026 enacting
the aid to localities budget shall be apportioned for the 2026--2027
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of such chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary, the moneys
appropriated for the support of public libraries for the year 2026--2027
by a chapter of the laws of 2026 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
§ 26. Severability. The provisions of this act shall be severable, and
if the application of any clause, sentence, paragraph, subdivision,
section or part of this act to any person or circumstance shall be
adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, or
part of this act or remainder thereof, as the case may be, to any other
person or circumstance, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered.
§ 27. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026; provided,
however, that:
1. Sections one, two, two-a, two-b, four, five, six, seven, eight,
nine, thirteen, twenty and twenty-four of this act shall take effect
July 1, 2026;
2. Section three of this act shall take effect immediately, and shall
apply to all projects approved by the commissioner of education on or
after such effective date;
S. 9006--C 22 A. 10006--C
3. The amendments to chapter 756 of the laws of 1992 made by sections
fourteen and fifteen of this act shall not affect the repeal of such
chapter and shall be deemed repealed therewith; and
4. The amendments to subdivision 14 of section 3641 of the education
law made by sections seventeen and eighteen of this act shall not affect
the repeal of such subdivision and shall be deemed repealed therewith.
PART B
Section 1. The education law is amended by adding a new section 819 to
read as follows:
§ 819. EVIDENCE-BASED MATHEMATICS INSTRUCTION. 1. (A) ON OR BEFORE
JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, THE COMMISSIONER SHALL PROVIDE
SCHOOL DISTRICTS WITH INSTRUCTIONAL BEST PRACTICES FOR NUMERACY, AS
DEFINED BY THE COMMISSIONER, AND THE TEACHING OF MATHEMATICS TO STUDENTS
IN KINDERGARTEN THROUGH GRADE FIVE. INSTRUCTIONAL BEST PRACTICES FOR
NUMERACY AND THE TEACHING OF MATHEMATICS SHALL BE EVIDENCE-BASED. SUCH
INSTRUCTIONAL BEST PRACTICES SHALL BE PERIODICALLY UPDATED BY THE
COMMISSIONER.
(B) EVERY SCHOOL DISTRICT SHALL ANNUALLY REVIEW THEIR CURRICULUM AND
INSTRUCTIONAL PRACTICES IN THE SUBJECT OF MATHEMATICS FOR STUDENTS IN
KINDERGARTEN THROUGH GRADE FIVE TO ENSURE THAT THEY ALIGN WITH THE MATH-
EMATICS INSTRUCTIONAL BEST PRACTICES PROVIDED BY THE COMMISSIONER, AND
THAT ALL EARLY MATHEMATICS INSTRUCTIONAL PRACTICES AND INTERVENTIONS ARE
PART OF AN ALIGNED PLAN DESIGNED TO IMPROVE STUDENT MATHEMATICS OUTCOMES
IN KINDERGARTEN THROUGH GRADE FIVE.
2. ON OR BEFORE SEPTEMBER FIRST, TWO THOUSAND TWENTY-SEVEN, EACH
SCHOOL DISTRICT SHALL VERIFY TO THE COMMISSIONER THAT ITS CURRICULUM AND
INSTRUCTIONAL PRACTICES IN THE SUBJECT OF MATHEMATICS IN KINDERGARTEN
THROUGH GRADE FIVE ALIGN WITH ALL OF THE ELEMENTS OF THE INSTRUCTIONAL
BEST PRACTICES PROVIDED BY THE COMMISSIONER PURSUANT TO THIS SECTION.
§ 2. This act shall take effect immediately.
PART C
Section 1. Paragraphs (c), (d), and (e) of subdivision 1 and subdivi-
sion 2 of section 6311 of the education law, as added by section 1 of
part F of chapter 56 of the laws of 2025, are amended to read as
follows:
(c) is matriculated at a [community college of the state university of
New York or the city university of New York, as defined in subdivision
two of section sixty-three hundred one of this article or subdivision
four of section sixty-two hundred two of this title, respectively,] NEW
YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION in an approved program
directly leading to an associate's degree in a high-demand field;
provided that for the two thousand twenty-five -- two thousand twenty-
six academic year, such fields shall include but not be limited to
advanced manufacturing, technology, cybersecurity, engineering, artifi-
cial intelligence, nursing and allied health professions, green and
renewable energy, and pathways to teaching in shortage areas, provided
further that such fields may be updated annually thereafter by the
department of labor no later than one hundred eighty days prior to the
first start date of the fall term of such [community colleges] NEW YORK
STATE PUBLIC INSTITUTIONS OF HIGHER EDUCATION, and provided further that
the eligibility of such approved program established in the semester for
which the applicant makes initial application shall continue;
S. 9006--C 23 A. 10006--C
(d) is eligible for the payment of tuition and fees at a rate no
greater than that imposed for resident students in [community colleges]
THE APPLICABLE NEW YORK STATE PUBLIC INSTITUTION OF HIGHER EDUCATION;
and
(e) has not already obtained any postsecondary degree, provided that
nothing in this paragraph shall be construed to prohibit the eligibility
of a student who is already enrolled in an eligible associate degree
program on the effective date of this section and who meets all the
other eligibility requirements of this subdivision, AND PROVIDED FURTHER
THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO PROHIBIT THE ELIGI-
BILITY OF A STUDENT WHO, THOUGH HAVING PREVIOUSLY OBTAINED A POSTSECON-
DARY DEGREE, IS ENROLLED IN AN APPROVED PROGRAM LEADING TO AN ASSOCI-
ATE'S DEGREE IN NURSING.
2. Amount. Within amounts appropriated therefor, and subject to avail-
ability of funds, awards shall be granted for the two thousand twenty-
five -- two thousand twenty-six academic year and thereafter to appli-
cants who are determined to be eligible to receive such awards. Such
awards shall be calculated on a per term basis prior to the start of
each term the applicant is successfully enrolled and shall not exceed
the positive difference, if any, of (a) the sum of actual tuition, fees,
books, and applicable supplies charged to the applicant and approved by
the applicable [community college] NEW YORK STATE PUBLIC INSTITUTION OF
HIGHER EDUCATION, less (b) the sum of all payments received by the
applicant from all sources of financial aid received by the applicant
with the exception of aid received pursuant to federal work-study
programs authorized under sections 1087-51 through 1087-58 of title 20
of the United States code and educational loans taken by the applicant
or guardian.
§ 2. This act shall take effect immediately.
PART D
Intentionally Omitted
PART E
Section 1. Subparagraph 4-a-1 of paragraph h of subdivision 2 of
section 355 of the education law, as added by section 1 of part B of
chapter 56 of the laws of 2023, is amended to read as follows:
(4-a-1) Notwithstanding any law, rule, regulation or practice to the
contrary and following the review and approval of the chancellor of the
state university or [his or her] SUCH CHANCELLOR'S designee, the board
of trustees may annually impose differential tuition rates on non-resi-
dent undergraduate and graduate rates of tuition for state-operated
institutions [for a three year period] commencing with the two thousand
twenty-three--two thousand twenty-four academic year and ending in the
two thousand [twenty-five] TWENTY-EIGHT--two thousand [twenty-six] TWEN-
TY-NINE academic year, provided that such rates are competitive with the
rates of tuition charged by peer institutions and that the board of
trustees annually provide the reason and methodology behind any rate
increase to the governor, the temporary president of the senate, and the
speaker of the assembly prior to the approval of such increases.
§ 2. Subparagraph (vi) of paragraph (a) of subdivision 7 of section
6206 of the education law, as added by section 2 of part B of chapter 56
of the laws of 2023, is amended to read as follows:
S. 9006--C 24 A. 10006--C
(vi) Notwithstanding any law, rule, regulation or practice to the
contrary, commencing with the two thousand twenty-three--two thousand
twenty-four academic year and ending in the two thousand [twenty-five]
TWENTY-EIGHT--two thousand [twenty-six] TWENTY-NINE academic year,
following the review and approval of the chancellor of the city univer-
sity or [his or her] SUCH CHANCELLOR'S designee, the city university of
New York board of trustees shall be empowered to annually impose differ-
ential tuition rates on non-resident undergraduate and graduate rates of
tuition for senior colleges, provided that such rates are competitive
with the rates of tuition charged by peer institutions and that the
board of trustees annually provide the reason and methodology behind any
rate increase to the governor, the temporary president of the senate,
and the speaker of the assembly prior to the approval of such increases.
§ 3. Subparagraph (ii) of paragraph (a) of subdivision 7 of section
6206 of the education law, as amended by section 3 of part B of chapter
56 of the laws of 2023, is amended to read as follows:
(ii) Notwithstanding any law, rule, regulation or practice to the
contrary, commencing with the two thousand twenty-three--two thousand
twenty-four academic year and ending in the two thousand [twenty-five]
TWENTY-EIGHT--two thousand [twenty-six] TWENTY-NINE academic year,
following the review and approval of the chancellor of the city univer-
sity or [his or her] SUCH CHANCELLOR'S designee, the city university of
New York board of trustees shall be empowered to annually impose differ-
ential tuition rates on non-resident undergraduate and graduate rates of
tuition for senior colleges, provided that such rates are competitive
with the rates of tuition charged by peer institutions and that the
board of trustees annually provide the reason and methodology behind any
rate increase to the governor, the temporary president of the senate,
and the speaker of the assembly prior to the approval of such increases.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 7 of section 6206 of the
education law made by section two of this act shall be subject to the
expiration and reversion of such paragraph pursuant to section 16 of
chapter 260 of the laws of 2011, as amended, when upon such date the
provisions of section three of this act shall take effect.
PART F
Section 1. Subdivisions 1, 3 and 5 of section 669-f of the education
law, subdivision 1 as amended by chapter 516 of the laws of 2025, and
subdivisions 3 and 5 as added by section 1 of subpart A of part EE of
chapter 56 of the laws of 2015, are amended to read as follows:
1. Eligibility. Students who are matriculated in an approved master's
degree in education program at a New York state college, as defined in
subdivision two of section six hundred one of this title, leading to a
career as a teacher in public elementary [or], secondary, OR EARLY
CHILDHOOD education shall be eligible for an award under this section,
provided the applicant: (a) earned an undergraduate degree from a
college located in New York state; (b) was a New York state resident
while earning such undergraduate degree; (c) achieved academic excel-
lence as an undergraduate student, as defined by the corporation in
regulation; (d) enrolls in full-time study in an approved master's
degree in education program at a New York state college, as defined in
subdivision two of section six hundred one of this title, leading to a
career as a teacher in public elementary [or], secondary OR EARLY CHILD-
HOOD education; (e) signs a contract with the corporation agreeing to
S. 9006--C 25 A. 10006--C
teach in a classroom setting on a full-time basis for five years in a
school located within New York state providing public elementary [or],
secondary OR EARLY CHILDHOOD education recognized by the board of
regents or the university of the state of New York, including charter
schools authorized pursuant to article fifty-six of this chapter; and
(f) complies with the applicable provisions of this article and all
requirements promulgated by the corporation for the administration of
the program.
3. An award shall entitle the recipient to annual payments for not
more than two academic years of full-time graduate study leading to
certification as an elementary [or], secondary [classroom] OR EARLY
CHILDHOOD teacher.
5. The corporation shall convert to a student loan the full amount of
the award granted pursuant to this section, plus interest, according to
a schedule to be determined by the corporation if: (a) two years after
the completion of the degree program and receipt of initial certif-
ication it is found that a recipient is [not] NEITHER teaching in a
public school located within New York state providing elementary or
secondary education recognized by the board of regents or the university
of the state of New York, including charter schools authorized pursuant
to article fifty-six of this chapter, NOR EMPLOYED BY AN ELIGIBLE AGENCY
AS DEFINED BY PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO-E OF THIS CHAPTER; (b) a recipient has [not] NEITHER taught
in a public school located within New York state providing elementary or
secondary education recognized by the board of regents or the university
of the state of New York, including charter schools authorized pursuant
to article fifty-six of this chapter, NOR BEEN EMPLOYED BY AN ELIGIBLE
AGENCY AS DEFINED BY PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-
SIX HUNDRED TWO-E OF THIS CHAPTER, for five of the seven years after the
completion of the graduate degree program and receipt of initial certif-
ication; (c) a recipient fails to complete [his or her] THEIR graduate
degree program in education; (d) a recipient fails to receive or main-
tain [his or her] THEIR teaching certificate or license in New York
state for the required period; or (e) a recipient fails to respond to
requests by the corporation for the status of [his or her] THEIR academ-
ic or professional progress. The terms and conditions of this subdivi-
sion shall be deferred for any interruption in graduate study or employ-
ment as established by the rules and regulations of the corporation. Any
obligation to comply with such provisions as outlined in this section
shall be cancelled upon the death of the recipient. Notwithstanding any
provisions of this subdivision to the contrary, the corporation is
authorized to promulgate rules and regulations to provide for the waiver
or suspension of any financial obligation which would involve extreme
hardship.
§ 2. This act shall take effect July 1, 2026.
PART G
Section 1. Section 97-v of the state finance law, as added by chapter
851 of the laws of 1983 and subdivision 3 as amended by chapter 83 of
the laws of 1995, is amended to read as follows:
§ 97-v. New York state [musical instrument revolving] MUSIC GRANT
fund. 1. There is hereby established in the custody of the state comp-
troller AND THE COMMISSIONER OF TAXATION AND FINANCE, a special fund to
be known as the "New York state [musical instrument revolving] MUSIC
GRANT fund".
S. 9006--C 26 A. 10006--C
2. The fund shall consist of all monies appropriated for its purpose,
all monies transferred to such fund pursuant to law and all monies
required by the provisions of this section or any other law to be paid
into or credited to this fund, including all monies received by the fund
or donated to it. The total of monies deposited as a result of appropri-
ations from state funds into this fund shall not exceed the sum of five
hundred thousand dollars. Monies in the fund shall be kept separate and
shall not be commingled with any other monies otherwise appropriated or
received except as hereby provided.
3. Monies of the fund, when allocated, shall be available to the New
York state council on the arts for the purpose of providing assistance,
excluding administrative costs, for [the loan, lease and purchase of
musical instruments and other related property and equipment, as herein
provided, by] GRANTS TO not-for-profit symphony orchestras and/or other
not-for-profit musical entities incorporated in the state and organized
for the purpose of the presentation of performing arts for the benefit
of the public, WHICH PURPOSE MAY INCLUDE MUSICAL EDUCATION IN SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, and which have
been approved pursuant to guidelines established by the council. Such
monies shall also be available for administrative costs of the council
pursuant to approval by the director of the budget. [Notwithstanding any
other inconsistent provisions of this chapter, should the council deter-
mine that there is a compelling need for the loan, lease or purchase of
property or equipment other than musical instruments by not-for-profit
symphony orchestras and/or other not-for-profit musical entities incor-
porated in the state and organized for the purpose of the presentation
of performing arts for the benefit of the public, and upon approval of
the director of the budget, the council may assist such organization in
acquiring such equipment in accordance with guidelines established by
the council. The council shall contract with one or more not-for-profit
entities which shall distribute such monies, however, in no case shall
monies of the fund be distributed nor shall a contract to distribute
such monies be approved unless the fund shall have sufficient monies to
effectuate all such approved distributions and contracts.
Purchases, leases and loans of musical instruments and other equipment
shall not be approved or effected if such purchases, leases or loans are
eligible for financing from any other state assistance program.]
4. [The state council on the arts shall establish guidelines necessary
to administer the fund. Guidelines shall include, but not be limited to:
qualifications and conditions for assistance, which may require public
service performances, terms of lease or installment sale payments and
finance charges on installment sales at rates of interest which,
notwithstanding any other provision of law, shall not be less than three
per cent per annum nor more than ten per cent per annum, provisions for
insurance of the instrument or other equipment, provisions for necessary
security agreement arrangements, and any other terms and conditions the
council may require as necessary to properly effectuate the provisions
of this section.
5. The not-for-profit entity of entities with whom the state council
on the arts has contracted pursuant to subdivision three of this section
shall enter into contractual arrangements with applicants approved by
the council. All contracts must be approved by the state council on the
arts and the comptroller prior to the distribution of any monies there-
under. Such contracts shall assure that the not-for-profit entity or
entities retain title to the instrument or equipment until the
provisions and intent of this section are satisfied.
S. 9006--C 27 A. 10006--C
6. Notwithstanding any other provisions of law, should a default in
payment of monies for the purchase or lease of an instrument or other
equipment occur, the council shall so notify the comptroller and the
attorney general who shall take such steps as may be necessary. The
not-for-profit entity or entities, after such notification is made,
shall take steps to effect repossession regardless of whether any note,
memorandum, instrument or other writing has been recorded or regardless
of whether any other person has notice of such possessory rights to the
instrument or equipment. Any contract between the not-for-profit agency
or agencies and a not-for-profit symphony orchestra or other musical
entity authorized by this article, shall assure the right and provide
guarantees for such repossession. Subsequent to the taking of possession
of the instrument or equipment, the comptroller or not-for-profit agency
or agencies may offer the same for sale at public auction to the highest
bidder pursuant to guidelines established by the comptroller.
7. The comptroller is authorized to deduct the difference between the
purchaser's or lessee's outstanding obligation at the time of the
auction provided for in subdivision five of this section, and the amount
realized from that auction, after deductions for all necessary and prop-
er costs of the auction are made, from any other grant or other assist-
ance approved by the council on the arts for that purchaser. The differ-
ence deducted by the comptroller and the net amount realized from the
auction shall be deposited in the New York state musical instrument
revolving fund.
8.] Nothing contained herein shall prevent the council from receiving
grants, gifts or bequests for the purposes of the fund as defined in
this section and depositing them into the fund according to law.
[9. The state council on the arts shall provide by September first of
each year, to the governor, the temporary president of the senate, the
speaker of the assembly, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee, a report
containing guidelines and amendments established by the state council on
the arts and a complete financial statement including, but not limited
to, monies allocated, collected, transferred or otherwise paid or cred-
ited to the fund. A projected schedule of disbursements, receipts and
needs of the fund for the next fiscal year shall be included in each
report. In addition, any amendments to the guidelines shall be provided
to the above listed individuals within thirty days of their establish-
ment by the state council on the arts.
10.] 5. No monies shall be payable from this fund, except on the audit
and warrant of the comptroller on vouchers certified and submitted by
the [chairman of the] state council on the arts.
§ 2. This act shall take effect immediately.
PART H
Intentionally Omitted
PART I
Intentionally Omitted
PART J
S. 9006--C 28 A. 10006--C
Intentionally Omitted
PART K
Section 1. Section 3 of part N of chapter 56 of the laws of 2020,
amending the social services law relating to restructuring financing for
residential school placements, as amended by section 1 of part O of
chapter 56 of the laws of 2025, is amended to read as follows:
§ 3. This act shall take effect immediately and shall expire and be
deemed repealed April 1, [2026] 2027; provided however that the amend-
ments to subdivision 10 of section 153 of the social services law made
by section one of this act, shall not affect the expiration of such
subdivision and shall be deemed to expire therewith.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2026.
PART L
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part R of chapter 56 of the laws of 2025, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$186.00] $191.00 for each month beginning on or after
January first, two thousand [twenty-five] TWENTY-SIX.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$213.00] $219.00 for each month beginning on
or after January first, two thousand [twenty-five] TWENTY-SIX.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$255.00] $262.00 for each month
beginning on or after January first, two thousand [twenty-five] TWENTY-
SIX.
(d) for the period commencing January first, two thousand [twenty-six]
TWENTY-SEVEN, the monthly personal needs allowance shall be an amount
equal to the sum of the amounts set forth in subparagraphs one and two
of this paragraph:
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [twenty-six] TWENTY-SEVEN, but prior to June thirtieth, two
thousand [twenty-six] TWENTY-SEVEN, rounded to the nearest whole dollar.
§ 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
R of chapter 56 of the laws of 2025, are amended to read as follows:
(a) On and after January first, two thousand [twenty-five] TWENTY-SIX,
for an eligible individual living alone, [$1,054.00] $1,081.00; and for
an eligible couple living alone, [$1,554.00] $1,595.00.
(b) On and after January first, two thousand [twenty-five] TWENTY-SIX,
for an eligible individual living with others with or without in-kind
income, [$990.00] $1,017.00; and for an eligible couple living with
others with or without in-kind income, [$1,496.00] $1,537.00.
(c) On and after January first, two thousand [twenty-five] TWENTY-SIX,
(i) for an eligible individual receiving family care, [$1,233.48]
S. 9006--C 29 A. 10006--C
$1,260.48 if such individual is receiving such care in the city of New
York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii)
for an eligible couple receiving family care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care in any other county in the
state, [$1,195.48] $1,222.48; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(d) On and after January first, two thousand [twenty-five] TWENTY-SIX,
(i) for an eligible individual receiving residential care, [$1,402.00]
$1,429.00 if such individual is receiving such care in the city of New
York or the county of Nassau, Suffolk, Westchester or Rockland; and (ii)
for an eligible couple receiving residential care in the city of New
York or the county of Nassau, Suffolk, Westchester or Rockland, two
times the amount set forth in subparagraph (i) of this paragraph; or
(iii) for an eligible individual receiving such care in any other county
in the state, [$1,372.00] $1,399.00; and (iv) for an eligible couple
receiving such care in any other county in the state, two times the
amount set forth in subparagraph (iii) of this paragraph.
(e) On and after January first, two thousand [twenty-five] TWENTY-SIX,
(i) for an eligible individual receiving enhanced residential care,
[$1,661.00] $1,688.00; and (ii) for an eligible couple receiving
enhanced residential care, two times the amount set forth in subpara-
graph (i) of this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [twenty-six] TWENTY-
SEVEN but prior to June thirtieth, two thousand [twenty-six] TWENTY-SEV-
EN.
§ 3. This act shall take effect December 31, 2026.
PART M
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the neighborhood
preservation program, a sum not to exceed $18,800,000 for the fiscal
year ending March 31, 2027. Within this total amount, $250,000 shall be
used for the purpose of entering into a contract with the neighborhood
preservation coalition to provide technical assistance and services to
companies funded pursuant to article 16 of the private housing finance
law. Notwithstanding any other provision of law, and subject to the
approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with neighborhood preservation program
contracts authorized by this section, a total sum not to exceed
$18,800,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2025-2026 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
S. 9006--C 30 A. 10006--C
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating (as determined by the state of
New York mortgage agency) required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
fund, such transfer to be made as soon as practicable but no later than
June 30, 2026.
§ 2. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural preservation
program, a sum not to exceed $8,570,000 for the fiscal year ending March
31, 2027. Within this total amount, $250,000 shall be used for the
purpose of entering into a contract with the rural housing coalition to
provide technical assistance and services to companies funded pursuant
to article 17 of the private housing finance law. Notwithstanding any
other provision of law, and subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing trust
fund corporation, for the purposes of reimbursing any costs associated
with rural preservation program contracts authorized by this section, a
total sum not to exceed $8,570,000, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2025-2026 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2026.
§ 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural rental assist-
ance program pursuant to article 17-A of the private housing finance
law, a sum not to exceed $25,382,000 for the fiscal year ending March
31, 2027. Notwithstanding any other provision of law, and subject to
the approval of the New York state director of the budget, the board of
directors of the state of New York mortgage agency shall authorize the
transfer to the housing trust fund corporation, for the purposes of
reimbursing any costs associated with rural rental assistance program
contracts authorized by this section, a total sum not to exceed
$25,382,000, such transfer to be made from (i) the special account of
the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law, in an amount not to exceed the actual excess
balance in the special account of the mortgage insurance fund, as deter-
mined and certified by the state of New York mortgage agency for the
fiscal year 2025-2026 in accordance with section 2429-b of the public
authorities law, if any, and/or (ii) provided that the reserves in the
project pool insurance account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating, as determined by the state of
New York mortgage agency, required to accomplish the purposes of such
account, the project pool insurance account of the mortgage insurance
fund, such transfer shall be made as soon as practicable but no later
than June 30, 2026.
S. 9006--C 31 A. 10006--C
§ 4. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under such programs, in accordance with the requirements
of such programs, a sum not to exceed $74,181,000 for the fiscal year
ending March 31, 2027. The homeless housing and assistance corporation
may enter into an agreement with the office of temporary and disability
assistance to administer such sum in accordance with the requirements of
such programs. Notwithstanding any other provision of law, and subject
to the approval of the New York state director of the budget, the board
of directors of the state of New York mortgage agency shall authorize
the transfer to the homeless housing and assistance corporation, a total
sum not to exceed $74,181,000, such transfer to be made from (i) the
special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2025-2026 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating as determined by
the state of New York mortgage agency, required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer shall be made as soon as practi-
cable but no later than March 31, 2027.
§ 5. This act shall take effect immediately.
PART N
Section 1. Paragraph (g) of section 1603 of the not-for-profit corpo-
ration law, as amended by chapter 508 of the laws of 2018, is amended to
read as follows:
(g) Nothing in this article shall be construed to authorize the exist-
ence of more than [thirty-five] FORTY-FIVE land banks located in the
state at one time, provided further that each foreclosing governmental
unit or units proposing to create a land bank shall submit such local
law, ordinance or resolution as required by paragraph (a) of this
section, to the urban development corporation, for its review and
approval. The creation of a land bank shall be conditioned upon approval
of the urban development corporation.
§ 2. This act shall take effect immediately.
PART O
Section 1. Section 489 of the real property tax law is amended by
adding a new subdivision 22 to read as follows:
22. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION:
(1) "AREA MEDIAN INCOME" SHALL MEAN THE INCOME LIMITS AS DEFINED ANNU-
ALLY BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE NEW YORK CITY AREA.
(2) "CERTIFICATE OF ELIGIBILITY AND REASONABLE COST" SHALL MEAN A
DOCUMENT ISSUED BY THE LOCAL HOUSING AGENCY THAT ESTABLISHES THAT A
PROPERTY IS ELIGIBLE FOR REHABILITATION PROGRAM BENEFITS AND SETS FORTH
S. 9006--C 32 A. 10006--C
THE CERTIFIED REASONABLE COST OF THE ELIGIBLE CONSTRUCTION FOR WHICH
SUCH BENEFITS SHALL BE RECEIVED.
(3) "CERTIFIED REASONABLE COST SCHEDULE" SHALL MEAN A TABLE PROVIDING
MAXIMUM DOLLAR LIMITS FOR SPECIFIED ALTERATIONS AND IMPROVEMENTS, ESTAB-
LISHED, AND UPDATED AT LEAST EVERY TWO YEARS, BY THE LOCAL HOUSING AGEN-
CY.
(4) "CHECKLIST" SHALL MEAN A DOCUMENT THAT THE LOCAL HOUSING AGENCY
ISSUES REQUESTING ADDITIONAL INFORMATION OR DOCUMENTATION THAT IS NECES-
SARY FOR FURTHER ASSESSMENT OF AN APPLICATION FOR A CERTIFICATE OF
ELIGIBILITY AND REASONABLE COST WHERE SUCH APPLICATION CONTAINED ALL
INFORMATION AND DOCUMENTATION REQUIRED AT THE INITIAL FILING.
(5) "COMMENCEMENT DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE
CONSTRUCTION, THE DATE ON WHICH ANY PHYSICAL OPERATION UNDERTAKEN FOR
THE PURPOSE OF PERFORMING SUCH ELIGIBLE CONSTRUCTION LAWFULLY BEGINS.
(6) "COMPLETION DATE" SHALL MEAN, WITH RESPECT TO ELIGIBLE
CONSTRUCTION, THE DATE ON WHICH:
(A) EVERY PHYSICAL OPERATION UNDERTAKEN FOR THE PURPOSE OF ALL ELIGI-
BLE CONSTRUCTION HAS CONCLUDED; AND
(B) ALL SUCH ELIGIBLE CONSTRUCTION HAS BEEN COMPLETED TO A REASONABLE
AND CUSTOMARY STANDARD THAT RENDERS SUCH ELIGIBLE CONSTRUCTION CAPABLE
OF USE FOR THE PURPOSE FOR WHICH SUCH ELIGIBLE CONSTRUCTION WAS
INTENDED.
(7) "DWELLING UNIT" SHALL MEAN ANY RESIDENTIAL ACCOMMODATION IN A
CLASS A MULTIPLE DWELLING THAT:
(A) IS ARRANGED, DESIGNED, USED OR INTENDED FOR USE BY ONE OR MORE
PERSONS LIVING TOGETHER AND MAINTAINING A COMMON HOUSEHOLD;
(B) CONTAINS AT LEAST ONE ROOM; AND
(C) CONTAINS WITHIN SUCH ACCOMMODATION LAWFUL SANITARY AND KITCHEN
FACILITIES RESERVED FOR ITS OCCUPANTS.
(8) "ELIGIBLE BUILDING" SHALL MEAN AN ELIGIBLE RENTAL BUILDING, AN
ELIGIBLE HOMEOWNERSHIP BUILDING, OR AN ELIGIBLE REGULATED HOMEOWNERSHIP
BUILDING, PROVIDED THAT SUCH BUILDING CONTAINS THREE OR MORE DWELLING
UNITS.
(9) "ELIGIBLE CONSTRUCTION" SHALL MEAN ALTERATIONS OR IMPROVEMENTS TO
AN ELIGIBLE BUILDING THAT:
(A) ARE SPECIFICALLY IDENTIFIED ON THE CERTIFIED REASONABLE COST SCHE-
DULE;
(B) MEET THE MINIMUM SCOPE OF WORK THRESHOLD;
(C) HAVE A COMPLETION DATE THAT IS ON OR AFTER JUNE THIRTIETH, TWO
THOUSAND TWENTY-SIX AND PRIOR TO JUNE THIRTIETH, TWO THOUSAND THIRTY-SIX
THAT IS NOT MORE THAN THIRTY MONTHS AFTER THEIR COMMENCEMENT DATE; AND
(D) ARE NOT ATTRIBUTABLE TO ANY INCREASED CUBIC CONTENT IN SUCH ELIGI-
BLE BUILDING.
(10) "ELIGIBLE HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXISTING BUILDING
THAT:
(A) IS A CLASS A MULTIPLE DWELLING OPERATED AS CONDOMINIUM OR COOPER-
ATIVE HOUSING;
(B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
(C) HAS AN AVERAGE ASSESSED VALUATION, INCLUDING THE VALUATION OF THE
LAND, THAT AS OF THE COMMENCEMENT DATE DOES NOT EXCEED THE HOMEOWNERSHIP
AVERAGE ASSESSED VALUATION LIMITATION.
(11) "ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING" SHALL MEAN AN EXIST-
ING BUILDING THAT IS A CLASS A MULTIPLE DWELLING OWNED AND OPERATED BY
EITHER:
S. 9006--C 33 A. 10006--C
(A) A MUTUAL COMPANY THAT CONTINUES TO BE ORGANIZED AND OPERATED AS A
MUTUAL COMPANY AND THAT HAS ENTERED INTO AND RECORDED A MUTUAL COMPANY
REGULATORY AGREEMENT; OR
(B) A MUTUAL REDEVELOPMENT COMPANY THAT CONTINUES TO BE ORGANIZED AND
OPERATED AS A MUTUAL REDEVELOPMENT COMPANY AND THAT HAS ENTERED INTO AND
RECORDED A MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT.
(12) "ELIGIBLE RENTAL BUILDING" SHALL MEAN AN EXISTING BUILDING THAT:
(A) IS A CLASS A MULTIPLE DWELLING IN WHICH ALL OF THE DWELLING UNITS
ARE OPERATED AS RENTAL HOUSING;
(B) IS NOT OPERATING IN WHOLE OR IN PART AS A HOTEL; AND
(C) SATISFIES ONE OF THE FOLLOWING CONDITIONS:
(I) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH BUILDING
ARE QUALIFYING RENTAL UNITS;
(II) SUCH BUILDING IS OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING
COMPANY; OR
(III) SUCH BUILDING IS THE RECIPIENT OF SUBSTANTIAL GOVERNMENTAL
ASSISTANCE.
(13) "EXISTING BUILDING" SHALL MEAN AN ENCLOSED STRUCTURE WHICH:
(A) IS PERMANENTLY AFFIXED TO THE LAND;
(B) HAS ONE OR MORE FLOORS AND A ROOF;
(C) IS BOUNDED BY WALLS;
(D) HAS AT LEAST ONE PRINCIPAL ENTRANCE UTILIZED FOR DAY-TO-DAY PEDES-
TRIAN INGRESS AND EGRESS;
(E) HAS A CERTIFICATE OF OCCUPANCY OR EQUIVALENT DOCUMENT THAT IS IN
EFFECT PRIOR TO THE COMMENCEMENT DATE; AND
(F) EXCLUSIVE OF THE LAND, HAS AN ASSESSED VALUATION OF MORE THAN ONE
THOUSAND DOLLARS FOR THE FISCAL YEAR IMMEDIATELY PRECEDING THE COMMENCE-
MENT DATE.
(14) "HOMEOWNERSHIP AVERAGE ASSESSED VALUATION LIMITATION" SHALL MEAN
AN AVERAGE ASSESSED VALUATION OF SIXTY THOUSAND DOLLARS PER DWELLING
UNIT, ADJUSTED ANNUALLY TO REFLECT ANY INCREASE IN THE CONSUMER PRICE
INDEX FOR ALL URBAN CONSUMERS FOR ALL ITEMS AS PUBLISHED BY THE UNITED
STATES BUREAU OF LABOR STATISTICS FOR THE REGION IN WHICH THE ELIGIBLE
BUILDING IS LOCATED, AS ESTABLISHED FOR THE MOST RECENT PRECEDING CALEN-
DAR YEAR. THE LOCAL HOUSING AGENCY SHALL PUBLISH THE AVERAGE ASSESSED
VALUATION LIMIT, AS ADJUSTED PURSUANT TO THIS SUBPARAGRAPH, ON ITS
WEBSITE ONE YEAR AFTER THE EFFECTIVE DATE OF SUCH LOCAL LAW AUTHORIZING
AN ABATEMENT PURSUANT TO THIS SUBDIVISION, AND ANNUALLY THEREAFTER.
(15) "LIMITED-PROFIT HOUSING COMPANY" SHALL HAVE THE SAME MEANING AS
"COMPANY" AS DEFINED IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE
LAW.
(16) "MARKET RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGIBLE
RENTAL BUILDING OTHER THAN A QUALIFYING RENTAL UNIT.
(17) "MARKETING BAND" SHALL MEAN MAXIMUM RENT AMOUNTS RANGING FROM
TWENTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN INCOME, ADJUSTED FOR
FAMILY SIZE, TO THIRTY PERCENT OF EIGHTY PERCENT OF THE AREA MEDIAN
INCOME, ADJUSTED FOR FAMILY SIZE.
(18) "MINIMUM SCOPE OF WORK THRESHOLD" SHALL MEAN A TOTAL AMOUNT OF
CERTIFIED REASONABLE COST ESTABLISHED BY RULES AND REGULATIONS OF THE
LOCAL HOUSING AGENCY, PROVIDED THAT SUCH AMOUNT SHALL BE NO LESS THAN
ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH DWELLING UNIT IN EXISTENCE ON
THE COMPLETION DATE.
(19) "MULTIPLE DWELLING" SHALL HAVE THE MEANING AS SUCH TERM IS
DEFINED IN SECTION FOUR OF THE MULTIPLE DWELLING LAW.
(20) "MUTUAL COMPANY" SHALL HAVE THE MEANING AS SUCH TERM IS DEFINED
IN SECTION TWELVE OF THE PRIVATE HOUSING FINANCE LAW.
S. 9006--C 34 A. 10006--C
(21) "MUTUAL COMPANY REGULATORY AGREEMENT" SHALL MEAN A BINDING AND
IRREVOCABLE AGREEMENT BETWEEN A MUTUAL COMPANY AND THE COMMISSIONER OF
HOUSING, THE MUTUAL COMPANY SUPERVISING AGENCY, THE NEW YORK CITY HOUS-
ING DEVELOPMENT CORPORATION, OR THE NEW YORK STATE HOUSING FINANCE AGEN-
CY PROHIBITING THE DISSOLUTION OR RECONSTITUTION OF SUCH MUTUAL COMPANY
PURSUANT TO SECTION THIRTY-FIVE OF THE PRIVATE HOUSING FINANCE LAW FOR
NOT LESS THAN FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION
PROGRAM BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH
MUTUAL COMPANY.
(22) "MUTUAL COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME MEANING,
WITH RESPECT TO ANY MUTUAL COMPANY, AS "SUPERVISING AGENCY" AS DEFINED
IN SECTION TWO OF THE PRIVATE HOUSING FINANCE LAW.
(23) "MUTUAL REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS
"MUTUAL COMPANY" WHEN APPLIED TO A REDEVELOPMENT COMPANY AS DEFINED IN
SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE LAW.
(24) "MUTUAL REDEVELOPMENT COMPANY REGULATORY AGREEMENT" SHALL MEAN A
BINDING AND IRREVOCABLE AGREEMENT BETWEEN A MUTUAL REDEVELOPMENT COMPANY
AND THE COMMISSIONER OF HOUSING, THE REDEVELOPMENT COMPANY SUPERVISING
AGENCY, THE NEW YORK CITY HOUSING DEVELOPMENT CORPORATION, OR THE NEW
YORK STATE HOUSING FINANCE AGENCY PROHIBITING THE DISSOLUTION OR RECON-
STITUTION OF SUCH MUTUAL REDEVELOPMENT COMPANY PURSUANT TO SECTION ONE
HUNDRED TWENTY-THREE OF THE PRIVATE HOUSING FINANCE LAW UNTIL THE EARLI-
ER OF:
(A) FIFTEEN YEARS FROM THE COMMENCEMENT OF REHABILITATION PROGRAM
BENEFITS FOR THE EXISTING BUILDING OWNED AND OPERATED BY SUCH MUTUAL
REDEVELOPMENT COMPANY; OR
(B) THE EXPIRATION OF ANY TAX EXEMPTION GRANTED TO SUCH MUTUAL REDE-
VELOPMENT COMPANY PURSUANT TO SECTION ONE HUNDRED TWENTY-FIVE OF THE
PRIVATE HOUSING FINANCE LAW.
(25) "QUALIFYING RENT" SHALL MEAN THE MAXIMUM RENT WITHIN THE MARKET-
ING BAND THAT IS ALLOWED FOR A QUALIFYING RENTAL UNIT AS SUCH RENT IS
ESTABLISHED BY THE LOCAL HOUSING AGENCY.
(26) "QUALIFYING RENTAL UNIT" SHALL MEAN A DWELLING UNIT IN AN ELIGI-
BLE RENTAL BUILDING THAT, AS OF THE FILING OF AN APPLICATION FOR A
CERTIFICATE OF ELIGIBILITY AND REASONABLE COST, HAS A RENT AT OR BELOW
THE QUALIFYING RENT.
(27) "REDEVELOPMENT COMPANY" SHALL HAVE THE SAME MEANING AS SUCH TERM
IS DEFINED IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING FINANCE
LAW.
(28) "REDEVELOPMENT COMPANY SUPERVISING AGENCY" SHALL HAVE THE SAME
MEANING, WITH RESPECT TO ANY REDEVELOPMENT COMPANY, AS "SUPERVISING
AGENCY" AS DEFINED IN SECTION ONE HUNDRED TWO OF THE PRIVATE HOUSING
FINANCE LAW.
(29) "REHABILITATION PROGRAM BENEFITS" SHALL MEAN ABATEMENT OF REAL
PROPERTY TAXES PURSUANT TO THIS SUBDIVISION.
(30) "RENT REGULATION" SHALL MEAN, COLLECTIVELY, THE EMERGENCY HOUSING
RENT CONTROL LAW, ANY LOCAL LAW ENACTED PURSUANT TO THE LOCAL EMERGENCY
HOUSING RENT CONTROL ACT, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED
SIXTY-NINE, THE RENT STABILIZATION CODE, AND THE EMERGENCY TENANT
PROTECTION ACT OF NINETEEN SEVENTY-FOUR, ALL AS IN EFFECT AS OF THE
EFFECTIVE DATE OF THIS SUBDIVISION, OR AS ANY SUCH STATUTE IS AMENDED
THEREAFTER, TOGETHER WITH ANY SUCCESSOR STATUTES OR REGULATIONS ADDRESS-
ING SUBSTANTIALLY THE SAME SUBJECT MATTER.
(31) "RESTRICTION PERIOD" SHALL MEAN, NOTWITHSTANDING ANY TERMINATION
OR REVOCATION OF REHABILITATION PROGRAM BENEFITS PRIOR TO SUCH PERIOD,
FIFTEEN YEARS FROM THE INITIAL RECEIPT OF REHABILITATION PROGRAM BENE-
S. 9006--C 35 A. 10006--C
FITS, OR SUCH ADDITIONAL PERIOD OF TIME AS MAY BE IMPOSED PURSUANT TO
CLAUSE (A) OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION.
(32) "SUBSTANTIAL GOVERNMENTAL ASSISTANCE" SHALL MEAN GRANTS, LOANS,
OR SUBSIDIES FROM ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY OR
INSTRUMENTALITY IN FURTHERANCE OF A PROGRAM FOR THE DEVELOPMENT OF
AFFORDABLE HOUSING APPROVED BY THE LOCAL HOUSING AGENCY, PROVIDED THAT
SUCH GRANTS, LOANS, OR SUBSIDIES ARE PROVIDED IN ACCORDANCE WITH A REGU-
LATORY AGREEMENT ENTERED INTO WITH SUCH AGENCY OR INSTRUMENTALITY THAT
IS IN EFFECT AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIFICATE
OF ELIGIBILITY AND REASONABLE COST.
(33) "SUBSTANTIAL INTEREST" SHALL MEAN AN OWNERSHIP INTEREST OF TEN
PERCENT OR MORE.
(B) ABATEMENT. NOTWITHSTANDING THE PROVISIONS OF ANY OTHER SUBDIVISION
OF THIS SECTION OR OF ANY GENERAL, SPECIAL, OR LOCAL LAW TO THE CONTRA-
RY, A CITY WITH A POPULATION OF ONE MILLION PERSONS OR MORE, ACTING
THROUGH ITS LOCAL LEGISLATIVE BODY, IS HEREBY AUTHORIZED AND EMPOWERED
TO ADOPT A LOCAL LAW AUTHORIZING AN ABATEMENT OF REAL PROPERTY TAXES
PURSUANT TO THIS SUBDIVISION ON AN ELIGIBLE BUILDING IN WHICH ELIGIBLE
CONSTRUCTION HAS BEEN COMPLETED BY AN AGGREGATE AMOUNT THAT SHALL NOT
EXCEED ONE HUNDRED PERCENT OF THE TOTAL CERTIFIED REASONABLE COST OF
SUCH CONSTRUCTION, AS DETERMINED UNDER RULES AND REGULATIONS OF THE
LOCAL HOUSING AGENCY, PROVIDED THAT:
(1) SUCH ABATEMENT SHALL NOT BE EFFECTIVE FOR MORE THAN TWENTY YEARS;
(2) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE
BUILDING SHALL NOT EXCEED EIGHT AND ONE-THIRD PERCENT OF THE TOTAL
CERTIFIED REASONABLE COST OF SUCH ELIGIBLE CONSTRUCTION;
(3) THE ANNUAL ABATEMENT OF REAL PROPERTY TAXES ON SUCH ELIGIBLE
BUILDING IN ANY CONSECUTIVE TWELVE-MONTH PERIOD SHALL IN NO EVENT EXCEED
THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN SUCH TWELVE-MONTH PERIOD
FOR SUCH BUILDING, PROVIDED, HOWEVER, THAT SUCH ABATEMENT SHALL NOT
EXCEED FIFTY PERCENT OF THE AMOUNT OF REAL PROPERTY TAXES PAYABLE IN
SUCH TWELVE-MONTH PERIOD FOR ANY OF THE FOLLOWING:
(A) AN ELIGIBLE RENTAL BUILDING OWNED BY A LIMITED-PROFIT HOUSING
COMPANY OR A REDEVELOPMENT COMPANY;
(B) AN ELIGIBLE HOMEOWNERSHIP BUILDING; AND
(C) AN ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING; AND
(4) NOTWITHSTANDING SUBPARAGRAPHS TWO AND THREE OF THIS PARAGRAPH, FOR
AN APPLICATION FOR REHABILITATION PROGRAM BENEFITS THAT HAS BEEN
APPROVED, AN AMOUNT EQUIVALENT TO AND NOT EXCEEDING THE FILING FEE PAID
PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (D) OF THIS SUBDIVISION
SHALL BE INCLUDED IN ADDITION TO THE AGGREGATE AMOUNT ABATED UNDER THIS
PARAGRAPH.
(5) SUCH ABATEMENT SHALL BECOME EFFECTIVE BEGINNING WITH THE FIRST
QUARTERLY TAX BILL IMMEDIATELY FOLLOWING THE DATE OF ISSUANCE OF THE
CERTIFICATE OF ELIGIBILITY AND REASONABLE COST.
(C) RULEMAKING. EACH AGENCY OR DEPARTMENT TO WHICH FUNCTIONS ARE
ASSIGNED BY THIS SUBDIVISION MAY ADOPT AND PROMULGATE RULES AND REGU-
LATIONS FOR THE EFFECTUATION OF THE PURPOSE OF THIS SUBDIVISION.
(D) APPLICATION. (1) AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY
AND REASONABLE COST PURSUANT TO THIS SUBDIVISION SHALL BE MADE AFTER THE
COMPLETION DATE AND ON OR BEFORE THE LATER OF (A) FOUR MONTHS FROM THE
EFFECTIVE DATE OF SUCH LOCAL LAW AUTHORIZING AN ABATEMENT PURSUANT TO
THIS SUBDIVISION; OR (B) FOUR MONTHS FROM SUCH COMPLETION DATE.
(2) SUCH APPLICATION SHALL INCLUDE EVIDENCE OF ELIGIBILITY FOR REHA-
BILITATION PROGRAM BENEFITS AND EVIDENCE OF REASONABLE COST AS SHALL BE
S. 9006--C 36 A. 10006--C
SATISFACTORY TO THE LOCAL HOUSING AGENCY INCLUDING, BUT NOT LIMITED TO,
EVIDENCE SHOWING THE COST OF ELIGIBLE CONSTRUCTION.
(3) THE LOCAL HOUSING AGENCY SHALL REQUIRE A NON-REFUNDABLE FILING FEE
THAT SHALL BE PAID UPON THE FILING OF AN APPLICATION FOR A CERTIFICATE
OF ELIGIBILITY AND REASONABLE COST. SUCH FEE SHALL BE SEVENTY-FIVE
DOLLARS FOR EACH DWELLING UNIT IN EXCESS OF SIX DWELLING UNITS IN THE
ELIGIBLE BUILDING THAT IS THE SUBJECT OF SUCH APPLICATION, BUT NO MORE
THAN TWENTY THOUSAND DOLLARS FOR EACH APPLICATION. THE FILING FEE PER
EACH DWELLING UNIT AND MAXIMUM COLLECTIBLE APPLICATION FEE SHALL BE
ADJUSTED ANNUALLY TO REFLECT ANY INCREASE IN THE CONSUMER PRICE INDEX
FOR ALL URBAN CONSUMERS FOR ALL ITEMS AS PUBLISHED BY THE UNITED STATES
BUREAU OF LABOR STATISTICS FOR THE REGION IN WHICH THE ELIGIBLE BUILDING
IS LOCATED, AS ESTABLISHED FOR THE MOST RECENT PRECEDING CALENDAR YEAR.
(4) ANY APPLICATION THAT IS FILED PURSUANT TO THIS PARAGRAPH THAT IS
MISSING ANY OF THE INFORMATION AND DOCUMENTATION REQUIRED AT INITIAL
FILING BY ANY RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY SHALL BE
DENIED, PROVIDED THAT A NEW APPLICATION FOR THE SAME ELIGIBLE
CONSTRUCTION, TOGETHER WITH A NEW NON-REFUNDABLE FILING FEE, MAY BE
FILED WITHIN FIFTEEN DAYS OF THE DATE OF ISSUANCE OF SUCH DENIAL. IF
SUCH SECOND APPLICATION IS ALSO MISSING ANY SUCH REQUIRED INFORMATION
AND DOCUMENTATION, IT SHALL BE DENIED AND NO FURTHER APPLICATIONS FOR
THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED.
(5) THE FAILURE OF AN APPLICANT TO RESPOND TO ANY CHECKLIST WITHIN
THIRTY DAYS OF THE DATE OF ITS ISSUANCE BY THE LOCAL HOUSING AGENCY
SHALL RESULT IN DENIAL OF SUCH APPLICATION, AND NO FURTHER APPLICATIONS
FOR THE SAME ELIGIBLE CONSTRUCTION SHALL BE PERMITTED. THE LOCAL HOUSING
AGENCY SHALL ISSUE NOT MORE THAN THREE CHECKLISTS PER APPLICATION. AN
APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL
BE DENIED WHEN THE LOCAL HOUSING AGENCY DOES NOT HAVE A SUFFICIENT BASIS
TO ISSUE A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AFTER THE
TIMELY RESPONSE OF AN APPLICANT TO THE THIRD CHECKLIST CONCERNING SUCH
APPLICATION. AFTER THE LOCAL HOUSING AGENCY HAS DENIED AN APPLICATION
FOR THE REASON DESCRIBED IN THE PRECEDING SENTENCE, SUCH AGENCY SHALL
PERMIT NO FURTHER APPLICATIONS FOR THE SAME ELIGIBLE CONSTRUCTION.
(6) AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
COST SHALL ALSO INCLUDE AN AFFIDAVIT OF NO HARASSMENT.
(A) SUCH AFFIDAVIT SHALL SET FORTH THE FOLLOWING INFORMATION:
(I) THE NAME OF EVERY OWNER OF RECORD AND OWNER OF A SUBSTANTIAL
INTEREST IN THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING
OR SPONSORING THE ELIGIBLE CONSTRUCTION; AND
(II) A STATEMENT THAT NONE OF SUCH PERSONS HAD, WITHIN THE FIVE YEARS
PRIOR TO THE COMPLETION DATE, BEEN FOUND TO HAVE HARASSED OR UNLAWFULLY
EVICTED TENANTS BY JUDGMENT OR DETERMINATION OF A COURT OR AGENCY,
INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPROPRIATE LEGAL JURISDIC-
TION UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW REGULATING RENTS, OR
ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF TENANTS OR UNLAWFUL
EVICTION.
(B) NO ELIGIBLE BUILDING SHALL BE ELIGIBLE FOR AN ABATEMENT PURSUANT
TO PARAGRAPH (B) OF THIS SUBDIVISION WHERE:
(I) ANY AFFIDAVIT REQUIRED UNDER THIS SUBPARAGRAPH HAS NOT BEEN FILED;
OR
(II) ANY SUCH AFFIDAVIT CONTAINS A WILLFUL MISREPRESENTATION OR OMIS-
SION OF ANY MATERIAL FACT; OR
(III) ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN THE
ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSORING
THE ELIGIBLE CONSTRUCTION HAS BEEN FOUND, BY JUDGMENT OR DETERMINATION
S. 9006--C 37 A. 10006--C
OF A COURT OR AGENCY, INCLUDING A NON-GOVERNMENTAL AGENCY HAVING APPRO-
PRIATE LEGAL JURISDICTION UNDER THE PENAL LAW, ANY STATE OR LOCAL LAW
REGULATING RENTS, OR ANY STATE OR LOCAL LAW RELATING TO HARASSMENT OF
TENANTS OR UNLAWFUL EVICTION, TO HAVE, WITHIN THE FIVE YEARS PRIOR TO
THE COMPLETION DATE, HARASSED OR UNLAWFULLY EVICTED TENANTS, UNTIL AND
UNLESS THE FINDING IS REVERSED ON APPEAL.
(C) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
LAW TO THE CONTRARY, THE CORPORATION COUNSEL OR OTHER LEGAL REPRESEN-
TATIVE OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE OR THE
DISTRICT ATTORNEY OF ANY COUNTY LOCATED IN A CITY WITH A POPULATION OF
ONE MILLION OR MORE, MAY INSTITUTE AN ACTION OR PROCEEDING IN ANY COURT
OF COMPETENT JURISDICTION THAT MAY BE APPROPRIATE OR NECESSARY TO DETER-
MINE WHETHER ANY OWNER OF RECORD OR OWNER OF A SUBSTANTIAL INTEREST IN
THE ELIGIBLE BUILDING OR ENTITY OWNING THE ELIGIBLE BUILDING OR SPONSOR-
ING THE ELIGIBLE CONSTRUCTION HAS HARASSED OR UNLAWFULLY EVICTED TENANTS
AS DESCRIBED IN THIS SUBPARAGRAPH.
(7) NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL, OR LOCAL
LAW TO THE CONTRARY, THE LOCAL HOUSING AGENCY MAY REQUIRE BY RULES AND
REGULATIONS THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND
REASONABLE COST BE FILED ELECTRONICALLY.
(8) THE LOCAL HOUSING AGENCY MAY REQUIRE AN APPLICANT TO DEMONSTRATE
COMPLIANCE WITH THE HOUSING MAINTENANCE CODE. IF HAZARDOUS OR IMMEDIATE-
LY HAZARDOUS VIOLATIONS EXIST, THE LOCAL HOUSING AGENCY MAY REQUIRE THE
APPLICANT TO REMEDIATE SUCH VIOLATIONS AND MAY IMPOSE A PENALTY IN AN
AMOUNT SET FORTH IN RULES AND REGULATIONS IF THE APPLICANT FAILS TO
CLEAR THE VIOLATION.
(E) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING OTHER THAN
ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY. IN ADDITION
TO ALL OTHER CONDITIONS OF ELIGIBILITY FOR REHABILITATION PROGRAM BENE-
FITS SET FORTH IN THIS SUBDIVISION, AN ELIGIBLE RENTAL BUILDING, OTHER
THAN ONE OWNED AND OPERATED BY A LIMITED-PROFIT HOUSING COMPANY, SHALL
ALSO COMPLY WITH ALL PROVISIONS OF THIS PARAGRAPH. NOTWITHSTANDING THE
FOREGOING, AN ELIGIBLE RENTAL BUILDING THAT IS THE RECIPIENT OF SUBSTAN-
TIAL GOVERNMENTAL ASSISTANCE SHALL NOT BE REQUIRED TO COMPLY WITH THE
PROVISIONS OF SUBPARAGRAPH TWO OF THIS PARAGRAPH.
(1) NOTWITHSTANDING ANY PROVISION OF RENT REGULATION TO THE CONTRARY,
ANY MARKET RENTAL UNIT WITHIN SUCH ELIGIBLE RENTAL BUILDING SUBJECT TO
RENT REGULATION AS OF THE FILING DATE OF THE APPLICATION FOR A CERTIF-
ICATE OF ELIGIBILITY AND REASONABLE COST AND ANY QUALIFYING RENTAL UNIT
WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE SUBJECT TO RENT REGULATION
UNTIL SUCH UNIT FIRST BECOMES VACANT AFTER THE EXPIRATION OF THE
RESTRICTION PERIOD AT WHICH TIME SUCH UNIT, UNLESS IT WOULD BE SUBJECT
TO RENT REGULATION FOR REASONS OTHER THAN THE PROVISIONS OF THIS SUBDI-
VISION, SHALL BE DEREGULATED, PROVIDED, HOWEVER, THAT DURING THE
RESTRICTION PERIOD, NO EXEMPTION OR EXCLUSION FROM ANY REQUIREMENT OF
RENT REGULATION SHALL APPLY TO SUCH DWELLING UNITS.
(2) ADDITIONAL REQUIREMENTS FOR AN ELIGIBLE RENTAL BUILDING THAT IS
NOT A RECIPIENT OF SUBSTANTIAL GOVERNMENTAL ASSISTANCE.
(A) NOT LESS THAN FIFTY PERCENT OF THE DWELLING UNITS IN SUCH ELIGIBLE
RENTAL BUILDING SHALL BE DESIGNATED AS QUALIFYING RENTAL UNITS.
(B) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL ENSURE THAT NO
QUALIFYING RENTAL UNIT IS HELD OFF THE MARKET FOR A PERIOD THAT IS LONG-
ER THAN REASONABLY NECESSARY.
(C) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL WAIVE THE
COLLECTION OF ANY MAJOR CAPITAL IMPROVEMENT RENT INCREASE GRANTED BY THE
NEW YORK STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL PURSUANT TO
S. 9006--C 38 A. 10006--C
RENT REGULATION THAT IS ATTRIBUTABLE TO ELIGIBLE CONSTRUCTION FOR WHICH
SUCH ELIGIBLE RENTAL BUILDING RECEIVES REHABILITATION PROGRAM BENEFITS,
AND SHALL FILE A DECLARATION WITH THE NEW YORK STATE DIVISION OF HOUSING
AND COMMUNITY RENEWAL PROVIDING SUCH WAIVER. THE LOCAL HOUSING AGENCY
SHALL NOT REQUIRE AN OWNER TO FILE SUCH WAIVER UNTIL THE APPLICATION FOR
REHABILITATION PROGRAM BENEFITS HAS BEEN APPROVED.
(D) A QUALIFYING RENTAL UNIT SHALL NOT BE RENTED ON A TEMPORARY, TRAN-
SIENT OR SHORT-TERM BASIS. EVERY LEASE AND RENEWAL THEREOF FOR A QUALI-
FYING RENTAL UNIT SHALL BE FOR A TERM OF ONE OR TWO YEARS, AT THE OPTION
OF THE TENANT, AND SHALL INCLUDE A NOTICE IN AT LEAST TWELVE-POINT TYPE
INFORMING SUCH TENANT OF THEIR RIGHTS PURSUANT TO THIS SUBDIVISION,
INCLUDING AN EXPLANATION OF THE RESTRICTIONS ON RENT INCREASES THAT MAY
BE IMPOSED ON SUCH QUALIFYING RENTAL UNIT.
(E) THE LOCAL HOUSING AGENCY MAY ESTABLISH BY RULES AND REGULATIONS
SUCH REQUIREMENTS AS THE LOCAL HOUSING AGENCY DEEMS NECESSARY OR APPRO-
PRIATE FOR DESIGNATING QUALIFYING RENTAL UNITS, INCLUDING, BUT NOT
LIMITED TO, DESIGNATING THE UNIT MIX AND DISTRIBUTION REQUIREMENTS OF
SUCH QUALIFYING RENTAL UNITS IN AN ELIGIBLE BUILDING.
(3) THE OWNER OF SUCH ELIGIBLE RENTAL BUILDING SHALL NOT ENGAGE IN OR
CAUSE ANY HARASSMENT OF THE TENANTS OF SUCH ELIGIBLE RENTAL BUILDING OR
UNLAWFULLY EVICT ANY SUCH TENANTS DURING THE RESTRICTION PERIOD.
(4) NO DWELLING UNITS WITHIN SUCH ELIGIBLE RENTAL BUILDING SHALL BE
CONVERTED TO COOPERATIVE OR CONDOMINIUM OWNERSHIP DURING THE RESTRICTION
PERIOD.
(5) ANY NON-COMPLIANCE OF AN ELIGIBLE RENTAL BUILDING WITH THE
PROVISIONS OF THIS PARAGRAPH SHALL PERMIT THE LOCAL HOUSING AGENCY TO
TAKE THE FOLLOWING ACTION:
(A) EXTEND THE RESTRICTION PERIOD;
(B) INCREASE THE NUMBER OF QUALIFYING RENTAL UNITS IN SUCH ELIGIBLE
RENTAL BUILDING;
(C) IMPOSE A PENALTY OF NOT MORE THAN THE PRODUCT OF ONE THOUSAND
DOLLARS PER INSTANCE OF NON-COMPLIANCE AND THE NUMBER OF DWELLING UNITS
CONTAINED IN SUCH ELIGIBLE RENTAL BUILDING; AND
(D) TERMINATE OR REVOKE ANY REHABILITATION PROGRAM BENEFITS IN ACCORD-
ANCE WITH PARAGRAPH (P) OF THIS SUBDIVISION.
(F) COMPLIANCE WITH APPLICABLE LAW. REHABILITATION PROGRAM BENEFITS
SHALL NOT BE ALLOWED FOR ANY ELIGIBLE BUILDING UNLESS AND UNTIL SUCH
ELIGIBLE BUILDING COMPLIES WITH ALL APPLICABLE PROVISIONS OF LAW. REHA-
BILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED IF THE LOCAL HOUSING
AGENCY DETERMINES THAT ELIGIBLE CONSTRUCTION WAS NOT CARRIED OUT IN
CONFORMITY WITH ALL APPLICABLE PROVISIONS OF LAW.
(G) TENANT NOTIFICATION. NOTWITHSTANDING ANY PROVISION OF THIS SECTION
TO THE CONTRARY, NO REHABILITATION PROGRAM BENEFITS SHALL BE GRANTED FOR
ANY ELIGIBLE CONSTRUCTION WITH A COMMENCEMENT DATE ON OR AFTER THE
EFFECTIVE DATE OF SUCH LOCAL LAW AUTHORIZING AN ABATEMENT PURSUANT TO
THIS SUBDIVISION UNLESS THE APPLICANT PROVIDES TO TENANTS, IF ANY, OF
SUCH ELIGIBLE BUILDING NOT MORE THAN ONE HUNDRED EIGHTY DAYS NOR LESS
THAN THIRTY DAYS PRIOR TO THE COMMENCEMENT DATE, NOTICE OF THE FOLLOWING
INFORMATION:
(1) THE PROPOSED WORK;
(2) THE IDENTITY AND CONTACT INFORMATION OF THE ELIGIBLE BUILDING'S
REPRESENTATIVE; AND
(3) THE TENANTS' RIGHTS UNDER APPLICABLE LAW WITH RESPECT TO SUCH
WORK; PROVIDED THAT, IN THE CASE OF A LOAN PROGRAM SUPERVISED BY THE
LOCAL HOUSING AGENCY, SUCH AGENCY MAY PROVIDE THE REQUIRED NOTICE TO THE
TENANTS.
S. 9006--C 39 A. 10006--C
(H) NOTICE OF INTENT. AN APPLICANT FOR REHABILITATION PROGRAM BENEFITS
FOR ANY ELIGIBLE CONSTRUCTION WITH A COMMENCEMENT DATE ON OR AFTER THE
EFFECTIVE DATE OF SUCH LOCAL LAW AUTHORIZING AN ABATEMENT PURSUANT TO
THIS SUBDIVISION SHALL FILE WITH THE LOCAL HOUSING AGENCY A FORM
SUPPLIED BY SUCH AGENCY WHICH:
(1) STATES AN INTENTION TO FILE FOR REHABILITATION PROGRAM BENEFITS;
(2) DESCRIBES THE WORK FOR WHICH REHABILITATION PROGRAM BENEFITS WILL
BE CLAIMED;
(3) ESTIMATES THE COST OF SUCH WORK WHICH WILL BE ELIGIBLE FOR REHA-
BILITATION PROGRAM BENEFITS; AND
(4) PROVIDES PROOF OF THE NOTICE REQUIRED UNDER PARAGRAPH (G) OF THIS
SUBDIVISION. SUCH FORM SHALL BE FILED PRIOR TO THE COMMENCEMENT DATE. IF
THE SCOPE OF SUCH WORK OR THE ESTIMATED COST THEREOF CHANGES MATERIALLY,
SUCH APPLICANT SHALL FILE A REVISED NOTICE OF INTENT. AN APPLICANT WHO
FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH SHALL BE SUBJECT
TO A PENALTY NOT TO EXCEED ONE HUNDRED PERCENT OF THE FILING FEE OTHER-
WISE PAYABLE PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH (D) OF THIS
SUBDIVISION.
(I) IMPLEMENTATION OF REHABILITATION PROGRAM BENEFITS. UPON ISSUANCE
OF A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST AND PAYMENT OF
OUTSTANDING FEES, THE LOCAL HOUSING AGENCY SHALL BE AUTHORIZED TO TRANS-
MIT SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST TO THE LOCAL
AGENCY RESPONSIBLE FOR REAL PROPERTY TAX ASSESSMENT. UPON RECEIPT OF A
CERTIFICATE OF ELIGIBILITY AND REASONABLE COST, THE LOCAL AGENCY RESPON-
SIBLE FOR REAL PROPERTY TAX ASSESSMENT SHALL CERTIFY THE AMOUNT OF TAXES
TO BE ABATED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND PURSUANT
TO SUCH CERTIFICATE OF ELIGIBILITY AND REASONABLE COST PROVIDED BY THE
LOCAL HOUSING AGENCY.
(J) OUTSTANDING TAXES AND CHARGES. REHABILITATION PROGRAM BENEFITS
SHALL NOT BE ALLOWED FOR AN ELIGIBLE BUILDING IN EITHER OF THE FOLLOWING
CASES:
(1) THERE ARE OUTSTANDING REAL ESTATE TAXES OR WATER AND SEWER CHARGES
OR PAYMENTS IN LIEU OF TAXES THAT ARE DUE AND OWING AS OF THE LAST DAY
OF THE TAX PERIOD PRECEDING THE DATE OF THE RECEIPT OF THE CERTIFICATE
OF ELIGIBILITY AND REASONABLE COST BY THE LOCAL AGENCY RESPONSIBLE FOR
REAL PROPERTY TAX ASSESSMENT; OR
(2) REAL ESTATE TAXES OR WATER AND SEWER CHARGES DUE AT ANY TIME
DURING THE AUTHORIZED TERM OF SUCH BENEFITS REMAIN UNPAID FOR ONE YEAR
AFTER THE SAME ARE DUE AND PAYABLE.
(K) ADDITIONAL LIMITATIONS ON ELIGIBILITY. (1) REHABILITATION PROGRAM
BENEFITS SHALL NOT BE ALLOWED FOR ANY ELIGIBLE BUILDING RECEIVING TAX
EXEMPTION OR ABATEMENT CONCURRENTLY FOR REHABILITATION OR NEW
CONSTRUCTION UNDER ANY OTHER PROVISION OF STATE OR LOCAL LAW OR ORDI-
NANCE, WITH THE EXCEPTION OF ANY ELIGIBLE CONSTRUCTION TO AN ELIGIBLE
BUILDING RECEIVING A TAX EXEMPTION OR ABATEMENT UNDER THE PROVISIONS OF
THE PRIVATE HOUSING FINANCE LAW;
(2) REHABILITATION PROGRAM BENEFITS SHALL NOT BE ALLOWED FOR ANY ITEM
OF ELIGIBLE CONSTRUCTION IN AN ELIGIBLE BUILDING IF SUCH ELIGIBLE BUILD-
ING IS RECEIVING TAX EXEMPTION OR ABATEMENT FOR THE SAME OR A SIMILAR
ITEM OF ELIGIBLE CONSTRUCTION AS OF THE DECEMBER THIRTY-FIRST PRECEDING
THE DATE OF APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE
COST FOR SUCH REHABILITATION PROGRAM BENEFITS;
(3) WHERE THE ELIGIBLE CONSTRUCTION INCLUDES OR BENEFITS A PORTION OF
AN ELIGIBLE BUILDING THAT IS NOT OCCUPIED FOR DWELLING PURPOSES, THE
ASSESSED VALUATION OF SUCH ELIGIBLE BUILDING AND THE COST OF THE ELIGI-
BLE CONSTRUCTION SHALL BE APPORTIONED SO THAT REHABILITATION PROGRAM
S. 9006--C 40 A. 10006--C
BENEFITS SHALL NOT BE PROVIDED FOR ELIGIBLE CONSTRUCTION MADE FOR OTHER
THAN DWELLING PURPOSES; AND
(4) REHABILITATION PROGRAM BENEFITS SHALL NOT BE APPLIED TO ABATE THE
TAXES UPON THE LAND PORTION OF REAL PROPERTY, WHICH SHALL CONTINUE TO BE
TAXED BASED UPON THE ASSESSED VALUATION OF THE LAND AND THE APPLICABLE
TAX RATE AT THE TIME SUCH TAXES ARE LEVIED.
(L) RE-INSPECTION PENALTY. IF THE LOCAL HOUSING AGENCY CANNOT VERIFY
THE ELIGIBLE CONSTRUCTION CLAIMED BY AN APPLICANT UPON THE FIRST
INSPECTION BY THE LOCAL HOUSING AGENCY OF THE ELIGIBLE BUILDING, SUCH
APPLICANT SHALL BE REQUIRED TO PAY TEN TIMES THE ACTUAL COST OF ANY
ADDITIONAL INSPECTION NEEDED TO VERIFY SUCH ELIGIBLE CONSTRUCTION.
(M) STRICT LIABILITY FOR INACCURATE APPLICATIONS. IF THE LOCAL HOUSING
AGENCY DETERMINES THAT AN APPLICATION FOR A CERTIFICATE OF ELIGIBILITY
AND REASONABLE COST CONTAINS A MATERIAL MISSTATEMENT OF FACT OR OMISSION
OF FACT, THE LOCAL HOUSING AGENCY MAY REJECT SUCH APPLICATION AND BAR
THE SUBMISSION OF ANY OTHER APPLICATION PURSUANT TO THIS SUBDIVISION
WITH RESPECT TO SUCH ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED THREE
YEARS. AN APPLICANT SHALL NOT BE RELIEVED FROM LIABILITY UNDER THIS
PARAGRAPH BECAUSE IT SUBMITTED ITS APPLICATION UNDER A MISTAKEN BELIEF
OF FACT. FURTHERMORE, ANY PERSON OR ENTITY THAT FILES MORE THAN SIX
APPLICATIONS CONTAINING SUCH A MATERIAL MISSTATEMENT OF FACT OR OMISSION
OF FACT WITHIN ANY TWELVE-MONTH PERIOD SHALL BE BARRED FROM SUBMITTING
ANY NEW APPLICATION FOR REHABILITATION PROGRAM BENEFITS ON BEHALF OF ANY
ELIGIBLE BUILDING FOR A PERIOD NOT TO EXCEED FIVE YEARS.
(N) FALSE STATEMENTS. ANY PERSON WHO SHALL KNOWINGLY AND WILLFULLY
MAKE ANY FALSE STATEMENT OR OMISSION AS TO ANY MATERIAL MATTER IN ANY
APPLICATION FOR A CERTIFICATE OF ELIGIBILITY AND REASONABLE COST SHALL
BE GUILTY OF AN OFFENSE PUNISHABLE BY A FINE OF NOT MORE THAN FIVE
HUNDRED DOLLARS, OR IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR BOTH.
(O) INVESTIGATORY AUTHORITY. THE LOCAL HOUSING AGENCY MAY REQUIRE SUCH
CERTIFICATIONS AND CONSENTS NECESSARY TO ACCESS RECORDS, INCLUDING OTHER
TAX RECORDS, AS MAY BE DEEMED APPROPRIATE TO ENFORCE THE ELIGIBILITY
REQUIREMENTS OF THIS SUBDIVISION. FOR PURPOSES OF DETERMINING AND CERTI-
FYING ELIGIBILITY FOR REHABILITATION PROGRAM BENEFITS AND THE REASONABLE
COST OF ANY ELIGIBLE CONSTRUCTION, THE LOCAL HOUSING AGENCY SHALL BE
AUTHORIZED TO:
(1) ADMINISTER OATHS TO AND TAKE THE TESTIMONY OF ANY PERSON, INCLUD-
ING, BUT NOT LIMITED TO, THE OWNER OF SUCH ELIGIBLE BUILDING;
(2) ISSUE SUBPOENAS REQUIRING THE ATTENDANCE OF SUCH PERSONS AND THE
PRODUCTION OF ANY BILLS, BOOKS, PAPERS OR OTHER DOCUMENTS AS IT MAY DEEM
NECESSARY;
(3) MAKE PRELIMINARY ESTIMATES OF THE MAXIMUM REASONABLE COST OF SUCH
ELIGIBLE CONSTRUCTION;
(4) ESTABLISH MAXIMUM ALLOWABLE COSTS OF SPECIFIED UNITS, FIXTURES OR
WORK IN SUCH ELIGIBLE CONSTRUCTION;
(5) REQUIRE THE SUBMISSION OF PLANS AND SPECIFICATIONS OF SUCH ELIGI-
BLE CONSTRUCTION BEFORE THE COMMENCEMENT THEREOF;
(6) REQUIRE PHYSICAL ACCESS TO INSPECT THE ELIGIBLE BUILDING; AND
(7) ON AN ANNUAL BASIS, REQUIRE THE SUBMISSION OF LEASES FOR ANY
DWELLING UNIT IN A BUILDING GRANTED A CERTIFICATE OF ELIGIBILITY AND
REASONABLE COST.
(P) TERMINATION OR REVOCATION. FAILURE TO COMPLY WITH THE PROVISIONS
OF THIS SUBDIVISION, ANY RULES AND REGULATIONS PROMULGATED THEREUNDER,
OR ANY MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDEVELOPMENT
COMPANY REGULATORY AGREEMENT ENTERED INTO THEREUNDER, MAY RESULT IN
TERMINATION OR REVOCATION OF ANY REHABILITATION PROGRAM BENEFITS RETRO-
S. 9006--C 41 A. 10006--C
ACTIVE TO THE COMMENCEMENT THEREOF. SUCH TERMINATION OR REVOCATION SHALL
NOT EXEMPT SUCH ELIGIBLE BUILDING FROM CONTINUED COMPLIANCE WITH THE
REQUIREMENTS OF THIS SUBDIVISION, SUCH RULES AND REGULATIONS, AND SUCH
MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDEVELOPMENT COMPANY
REGULATORY AGREEMENT.
(Q) CRIMINAL LIABILITY FOR UNAUTHORIZED USES. IN THE EVENT THAT ANY
RECIPIENT OF REHABILITATION PROGRAM BENEFITS USES ANY DWELLING UNIT IN
SUCH ELIGIBLE BUILDING IN VIOLATION OF THE REQUIREMENTS OF ANY RULES AND
REGULATIONS PROMULGATED PURSUANT TO THIS SUBDIVISION, SUCH RECIPIENT
SHALL BE GUILTY OF AN UNCLASSIFIED MISDEMEANOR PUNISHABLE BY A FINE IN
AN AMOUNT EQUIVALENT TO DOUBLE THE VALUE OF THE GAIN OF SUCH RECIPIENT
FROM SUCH UNLAWFUL USE OR IMPRISONMENT FOR NOT MORE THAN NINETY DAYS, OR
BOTH.
(R) PRIVATE RIGHT OF ACTION. ANY PROSPECTIVE, PRESENT, OR FORMER
TENANT OF AN ELIGIBLE RENTAL BUILDING MAY SUE TO ENFORCE THE REQUIRE-
MENTS AND PROHIBITIONS OF THIS SUBDIVISION, OR ANY RULES AND REGULATIONS
PROMULGATED THEREUNDER, IN THE SUPREME COURT OF NEW YORK. ANY SUCH INDI-
VIDUAL HARMED BY REASON OF A VIOLATION OF SUCH REQUIREMENTS AND PROHIBI-
TIONS MAY SUE THEREFOR IN THE SUPREME COURT OF NEW YORK ON BEHALF OF
THEMSELVES, AND SHALL RECOVER THREEFOLD THE DAMAGES SUSTAINED AND THE
COST OF THE SUIT, INCLUDING A REASONABLE ATTORNEY'S FEE. THE LOCAL HOUS-
ING AGENCY MAY USE ANY COURT DECISION UNDER THIS PARAGRAPH THAT IS
ADVERSE TO THE OWNER OF AN ELIGIBLE BUILDING AS THE BASIS FOR FURTHER
ENFORCEMENT ACTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
ACTION BY A TENANT OF AN ELIGIBLE RENTAL BUILDING UNDER THIS PARAGRAPH
SHALL BE COMMENCED WITHIN SIX YEARS FROM THE DATE OF THE LATEST
VIOLATION.
(S) APPOINTMENT OF RECEIVER. (1) APPOINTMENT. IN ADDITION TO THE REME-
DIES FOR NON-COMPLIANCE PROVIDED FOR IN SUBPARAGRAPH FIVE OF PARAGRAPH
(E) OF THIS SUBDIVISION, THE LOCAL HOUSING AGENCY MAY MAKE APPLICATION
FOR THE APPOINTMENT OF A RECEIVER IN ACCORDANCE WITH THE PROCEDURES
CONTAINED IN APPLICABLE RULES AND REGULATIONS OF THE LOCAL HOUSING AGEN-
CY; PROVIDED, HOWEVER, THAT THE LOCAL HOUSING AGENCY SHALL NOT MAKE SUCH
APPLICATION WITH RESPECT TO ANY ELIGIBLE HOMEOWNERSHIP BUILDING OR
ELIGIBLE REGULATED HOMEOWNERSHIP BUILDING. ANY RECEIVER APPOINTED PURSU-
ANT TO THIS PARAGRAPH SHALL BE AUTHORIZED, IN ADDITION TO ANY OTHER
POWERS CONFERRED BY LAW, TO EFFECT COMPLIANCE WITH THE PROVISIONS OF
THIS SUBDIVISION AND RULES AND REGULATIONS OF THE LOCAL HOUSING AGENCY.
ANY EXPENDITURES INCURRED BY THE RECEIVER TO EFFECT SUCH COMPLIANCE
SHALL CONSTITUTE A DEBT OF THE OWNER AND A LIEN UPON THE PROPERTY, AND
UPON THE RENTS AND INCOME THEREOF, IN ACCORDANCE WITH THE PROCEDURES
CONTAINED IN SUCH RULES AND REGULATIONS. THE LOCAL HOUSING AGENCY IN ITS
DISCRETION MAY PROVIDE FUNDS TO BE EXPENDED BY THE RECEIVER, AND SUCH
FUNDS SHALL CONSTITUTE A DEBT RECOVERABLE FROM THE OWNER IN ACCORDANCE
WITH APPLICABLE LOCAL LAWS OR ORDINANCES.
(2) POWER TO ORDER CORRECTIONS OF VIOLATIONS. WHENEVER THE LOCAL HOUS-
ING AGENCY DETERMINES THAT ANY VIOLATION OF THE PROVISIONS OF THIS
SUBDIVISION, ANY RULES AND REGULATIONS PROMULGATED THEREUNDER, OR ANY
MUTUAL COMPANY REGULATORY AGREEMENT OR MUTUAL REDEVELOPMENT COMPANY
REGULATORY AGREEMENT ENTERED INTO THEREUNDER, HAS OCCURRED, SUCH AGENCY
MAY ORDER THE OWNER OF THE ELIGIBLE RENTAL BUILDING OR OTHER RESPONSIBLE
PARTY TO CORRECT SUCH VIOLATION. AN ORDER ISSUED PURSUANT TO THIS
SUBPARAGRAPH SHALL STATE THE VIOLATIONS INVOLVED AND THE CORRECTIVE
ACTION TO BE TAKEN, AND SHALL SPECIFY A TIME FOR COMPLIANCE, WHICH SHALL
BE NOT LESS THAN TWENTY-ONE DAYS FROM THE DATE OF SERVICE OF THE ORDER,
EXCEPT THAT WHERE A CONDITION DANGEROUS TO HUMAN LIFE AND SAFETY OR
S. 9006--C 42 A. 10006--C
DETRIMENTAL TO HEALTH EXISTS OR IS THREATENED, A SHORTER PERIOD FOR
COMPLIANCE MAY BE SPECIFIED.
(3) GROUNDS FOR APPOINTMENT OF RECEIVER. UPON FAILURE OF AN ELIGIBLE
RENTAL BUILDING TO COMPLY WITH AN ORDER TO CORRECT ISSUED PURSUANT TO
SUBPARAGRAPH TWO OF THIS PARAGRAPH WITHIN THE SPECIFIED TIME THEREIN,
THE LOCAL HOUSING AGENCY MAY APPLY FOR THE APPOINTMENT OF A RECEIVER TO
CORRECT SUCH VIOLATIONS.
(4) NOTICE TO OWNER, MORTGAGEES, AND LIENORS. (A) IF THE LOCAL HOUSING
AGENCY INTENDS TO SEEK THE APPOINTMENT OF A RECEIVER PURSUANT TO THIS
PARAGRAPH, IT SHALL SERVE UPON THE OWNER, ALONG WITH THE ORDER AUTHOR-
IZED PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH, A NOTICE STATING
THAT IN THE EVENT THE VIOLATIONS COVERED BY THE ORDER ARE NOT CORRECTED
IN THE MANNER AND WITHIN THE TIME SPECIFIED THEREIN, SUCH AGENCY MAY
APPLY FOR THE APPOINTMENT OF A RECEIVER OF THE RENTS, ISSUES, AND
PROFITS OF THE PROPERTY WITH RIGHTS SUPERIOR TO THOSE OF THE OWNER AND
ANY MORTGAGEE OR LIENOR.
(B) WITHIN FIVE DAYS AFTER SERVICE OF THE ORDER AND NOTICE UPON THE
OWNER, THE LOCAL HOUSING AGENCY SHALL SERVE A COPY OF THE ORDER AND
NOTICE UPON EVERY MORTGAGEE AND LIENOR OF RECORD, PERSONALLY OR BY
REGISTERED OR CERTIFIED MAIL, AT THE ADDRESS SET FORTH IN THE RECORDED
MORTGAGE OR LIEN. IF NO ADDRESS APPEARS THEREIN, A COPY SHALL BE SENT BY
REGISTERED MAIL TO THE PERSON AT WHOSE REQUEST THE INSTRUMENT WAS
RECORDED.
(C) THE LOCAL HOUSING AGENCY SHALL FILE A COPY OF THE NOTICE AND ORDER
IN THE OFFICE OF THE COUNTY CLERK IN WHICH MECHANICS LIENS AFFECTING THE
ELIGIBLE RENTAL BUILDING WOULD BE FILED.
(5) ORDER TO SHOW CAUSE. (A) THE LOCAL HOUSING AGENCY, UPON FAILURE OF
THE OWNER TO COMPLY WITH AN ORDER ISSUED PURSUANT TO SUBPARAGRAPH TWO OF
THIS PARAGRAPH WITHIN THE TIME PROVIDED THEREIN, MAY THEREAFTER APPLY TO
A COURT OF COMPETENT JURISDICTION IN THE COUNTY WHERE THE ELIGIBLE
RENTAL BUILDING IS LOCATED FOR AN ORDER DIRECTING THE OWNER AND ANY
MORTGAGEES OR LIENORS OF RECORD TO SHOW CAUSE WHY THE COMMISSIONER OF
THE LOCAL HOUSING AGENCY SHOULD NOT BE APPOINTED RECEIVER OF THE RENTS,
ISSUES, AND PROFITS OF THE ELIGIBLE RENTAL BUILDING AND WHY THE RECEIVER
SHOULD NOT CORRECT SUCH VIOLATION AND OBTAIN A LIEN IN FAVOR OF THE
LOCAL HOUSING AGENCY AGAINST THE ELIGIBLE RENTAL BUILDING HAVING THE
PRIORITY PROVIDED IN ARTICLE EIGHT OF SUBCHAPTER FIVE OF CHAPTER TWO OF
TITLE TWENTY-SEVEN OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK TO
SECURE REPAYMENT OF THE COSTS INCURRED BY THE RECEIVER IN REMOVING SUCH
CONDITIONS. SUCH APPLICATION SHALL CONTAIN:
(I) PROOF BY AFFIDAVIT THAT AN ORDER OF THE LOCAL HOUSING AGENCY HAS
BEEN ISSUED, SERVED ON THE OWNER, MORTGAGEES, AND LIENORS, AND FILED, IN
ACCORDANCE WITH SUBPARAGRAPH FOUR OF THIS PARAGRAPH;
(II) A STATEMENT THAT A VIOLATION CONTINUED TO EXIST IN SUCH ELIGIBLE
RENTAL BUILDING AFTER THE TIME PROVIDED IN THE ORDER FOR CORRECTION OF
THE CONDITION, AND A DESCRIPTION OF THE ELIGIBLE RENTAL BUILDING AND
VIOLATIONS INVOLVED; AND
(III) A BRIEF DESCRIPTION OF THE NATURE OF THE ACTIONS REQUIRED TO
CORRECT THE VIOLATIONS AND AN ESTIMATE AS TO THE COST THEREOF.
(B) THE ORDER TO SHOW CAUSE SHALL BE RETURNABLE NOT LESS THAN FIVE
DAYS AFTER SERVICE IS COMPLETED.
(C) A COPY OF THE ORDER TO SHOW CAUSE, AND THE PAPERS ON WHICH IT IS
BASED, SHALL BE SERVED ON THE OWNER, MORTGAGEES OF RECORD, AND LIENORS.
IF ANY SUCH PERSONS CANNOT WITH DUE DILIGENCE BE SERVED PERSONALLY WITH-
IN THE CITY OF NEW YORK WITHIN THE TIME FIXED IN THE ORDER, THEN SERVICE
MAY BE MADE BY POSTING A COPY OF THE ORDER IN A CONSPICUOUS PLACE ON THE
S. 9006--C 43 A. 10006--C
ELIGIBLE RENTAL BUILDING, AND BY SENDING A COPY THEREOF BY REGISTERED
MAIL TO THE OWNER AT THE LAST ADDRESS, IF ANY, REGISTERED BY SUCH OWNER
WITH THE LOCAL HOUSING AGENCY, OR TO SUCH OWNER'S LAST ADDRESS, IF ANY,
KNOWN TO THE LOCAL HOUSING AGENCY, OR, IN THE CASE OF A MORTGAGEE OR
LIENOR, TO THE ADDRESS SET FORTH IN THE RECORDED MORTGAGE OR LIEN, AND
BY PUBLICATION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY WHERE
SUCH ELIGIBLE RENTAL BUILDING IS LOCATED. SERVICE SHALL BE DEEMED
COMPLETE ON FILING PROOF THEREOF IN THE OFFICE OF THE CLERK OF THE COURT
IN WHICH APPLICATION FOR SUCH ORDER IS MADE.
(6) PROCEEDINGS ON RETURN OF ORDER TO SHOW CAUSE. (A) ON THE RETURN OF
THE ORDER TO SHOW CAUSE, DETERMINATION THEREOF SHALL HAVE PRECEDENCE
OVER EVERY OTHER BUSINESS OF THE COURT UNLESS THE COURT SHALL FIND THAT
SOME OTHER PENDING PROCEEDING, HAVING A SIMILAR STATUTORY PREFERENCE,
HAS PRIORITY.
(B) IF THE COURT FINDS THAT THE FACTS STATED IN THE APPLICATION
WARRANT THE GRANTING THEREOF, THEN IT SHALL APPOINT THE COMMISSIONER OF
THE LOCAL HOUSING AGENCY RECEIVER OF THE RENTS, ISSUES, AND PROFITS OF
THE ELIGIBLE RENTAL BUILDING.
(C) NOTWITHSTANDING CLAUSE (B) OF THIS SUBPARAGRAPH, IF, AFTER DETER-
MINATION OF THE ISSUE, THE OWNER, OR ANY MORTGAGEE OR LIENOR OR OTHER
PERSON HAVING AN INTEREST IN THE ELIGIBLE RENTAL BUILDING, SHALL APPLY
TO THE COURT TO BE PERMITTED TO CORRECT THE VIOLATIONS SET FORTH IN THE
LOCAL HOUSING AGENCY'S APPLICATION AND SHALL (I) DEMONSTRATE THE ABILITY
TO PROMPTLY UNDERTAKE THE ACTIONS REQUIRED; AND (II) POST SECURITY FOR
THE PERFORMANCE THEREOF WITHIN THE TIME, AND IN THE AMOUNT AND MANNER,
DEEMED NECESSARY BY THE COURT, THEN THE COURT MAY, IN LIEU OF APPOINTING
A RECEIVER, ISSUE AN ORDER PERMITTING SUCH PERSON TO PERFORM THE ACTIONS
WITHIN A TIME FIXED BY THE COURT. IF AT THE TIME FIXED IN THE ORDER THE
ACTIONS HAVE NOT BEEN SATISFACTORILY DONE, THE COURT SHALL APPOINT SUCH
RECEIVER. IF AFTER THE GRANTING OF AN ORDER PERMITTING A PERSON TO
PERFORM THE ACTIONS BUT BEFORE THE TIME FIXED BY THE COURT FOR THE
COMPLETION THEREOF IT SHALL APPEAR TO THE LOCAL HOUSING AGENCY THAT THE
PERSON PERMITTED TO DO THE SAME IS NOT PROCEEDING WITH DUE DILIGENCE,
THEN SUCH AGENCY MAY APPLY TO THE COURT, ON NOTICE TO THOSE PERSONS WHO
HAVE APPEARED IN THE PROCEEDING, FOR A HEARING TO DETERMINE WHETHER A
RECEIVER SHALL BE APPOINTED IMMEDIATELY. ON THE FAILURE OF ANY PERSON TO
COMPLETE THE CORRECTIVE ACTIONS IN ACCORDANCE WITH THE PROVISIONS OF AN
ORDER UNDER THIS CLAUSE, SUCH AGENCY, OR ANY RECEIVER THEREAFTER
APPOINTED, SHALL BE REIMBURSED FOR COSTS INCURRED BY SUCH AGENCY OR
RECEIVER IN CORRECTING THE VIOLATION AND OTHER CHARGES PURSUANT TO THIS
CLAUSE OUT OF THE SECURITY POSTED BY SUCH PERSON.
(7) POWERS AND DUTIES OF RECEIVER. (A) A RECEIVER APPOINTED PURSUANT
TO THIS PARAGRAPH SHALL HAVE ALL OF THE POWERS AND DUTIES OF A RECEIVER
APPOINTED IN AN ACTION TO FORECLOSE A MORTGAGE ON REAL PROPERTY, TOGETH-
ER WITH SUCH ADDITIONAL POWERS AND DUTIES AS GRANTED AND IMPOSED BY THIS
SUBPARAGRAPH. SUCH RECEIVER SHALL NOT BE REQUIRED TO FILE ANY BOND.
(B) THE RECEIVER SHALL WITH ALL REASONABLE SPEED REMOVE VIOLATIONS IN
THE ELIGIBLE RENTAL BUILDING. SUCH RECEIVER SHALL HAVE THE POWER TO LET
CONTRACTS OR INCUR EXPENSES THEREFOR IN ACCORDANCE WITH THE PROVISIONS
OF LAW APPLICABLE TO CONTRACTS FOR PUBLIC WORKS EXCEPT THAT ADVERTISE-
MENT SHALL NOT BE REQUIRED FOR EACH SUCH CONTRACT. NOTWITHSTANDING ANY
PROVISION OF LAW, THE RECEIVER MAY LET CONTRACTS OR INCUR EXPENSES FOR
INDIVIDUAL ITEMS WITHOUT THE PROCUREMENT OF COMPETITIVE BIDS WHERE THE
TOTAL AMOUNT OF ANY SUCH INDIVIDUAL ITEM DOES NOT EXCEED TWO THOUSAND
FIVE HUNDRED DOLLARS.
S. 9006--C 44 A. 10006--C
(C) THE RECEIVER SHALL COLLECT THE ACCRUED AND ACCRUING RENTS, ISSUES,
AND PROFITS OF THE ELIGIBLE RENTAL BUILDING AND APPLY THE SAME TO THE
COST OF THE CORRECTIVE ACTIONS AUTHORIZED IN CLAUSE (B) OF THIS SUBPARA-
GRAPH, TO THE PAYMENT OF EXPENSES REASONABLY NECESSARY TO THE PROPER
OPERATION AND MANAGEMENT OF THE ELIGIBLE RENTAL BUILDING, INCLUDING
INSURANCE AND THE FEES OF THE MANAGING AGENT, AND THE NECESSARY EXPENSES
OF THEIR OFFICE AS RECEIVER, THE REPAYMENT OF ALL MONEYS ADVANCED TO THE
RECEIVER BY THE LOCAL HOUSING AGENCY TO COVER THE COSTS INCURRED BY THE
RECEIVER AND INTEREST THEREON; AND THEN, IF THERE BE A SURPLUS, TO
UNPAID TAXES, ASSESSMENTS, WATER RENTS, SEWER RENTS, AND PENALTIES AND
INTEREST THEREON, AND THEN TO SUMS DUE TO MORTGAGEES OR LIENORS. IF THE
INCOME OF THE ELIGIBLE RENTAL BUILDING SHALL BE INSUFFICIENT TO COVER
THE COST OF THE REPAIRS AND IMPROVEMENTS OR THE EXPENSES REASONABLY
NECESSARY TO THE PROPER OPERATION AND MANAGEMENT OF SUCH ELIGIBLE RENTAL
BUILDING AND OTHER NECESSARY EXPENSES OF THE RECEIVER, THE LOCAL HOUSING
AGENCY SHALL ADVANCE TO THE RECEIVER ANY SUMS REQUIRED TO COVER SUCH
COST AND EXPENSE AND THEREUPON SHALL HAVE A LIEN AGAINST SUCH ELIGIBLE
RENTAL BUILDING HAVING THE PRIORITY PROVIDED IN ARTICLE EIGHT OF
SUBCHAPTER FIVE OF CHAPTER TWO OF TITLE TWENTY-SEVEN OF THE ADMINISTRA-
TIVE CODE OF THE CITY OF NEW YORK FOR ANY SUCH SUMS SO ADVANCED WITH
INTEREST THEREON.
(D) THE RECEIVER SHALL BE ENTITLED TO THE SAME FEES, COMMISSIONS, AND
NECESSARY EXPENSES AS RECEIVERS IN ACTIONS TO FORECLOSE MORTGAGES. SUCH
FEES AND COMMISSIONS SHALL BE PAID INTO THE FUND CREATED PURSUANT TO
SECTION 27-2111 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK. THE
RECEIVER SHALL BE LIABLE ONLY IN SUCH RECEIVER'S OFFICIAL CAPACITY FOR
INJURY TO PERSON AND PROPERTY BY REASON OF CONDITIONS OF THE ELIGIBLE
RENTAL BUILDING IN A CASE WHERE AN OWNER WOULD HAVE BEEN LIABLE; SUCH
RECEIVER SHALL NOT HAVE ANY LIABILITY IN SUCH RECEIVER'S PERSONAL CAPAC-
ITY. THE PERSONNEL AND FACILITIES OF THE LOCAL HOUSING AGENCY AND THE
CORPORATION COUNSEL OR OTHER LEGAL REPRESENTATIVE OF A CITY HAVING A
POPULATION OF ONE MILLION OR MORE SHALL BE AVAILED OF BY THE RECEIVER
FOR THE PURPOSE OF CARRYING OUT SUCH RECEIVER'S DUTIES, AND THE COSTS OF
SUCH SERVICES SHALL BE DEEMED A NECESSARY EXPENSE OF THE RECEIVER.
(8) DISCHARGE OF RECEIVER. THE RECEIVER SHALL BE DISCHARGED UPON
RENDERING A FULL AND COMPLETE ACCOUNTING TO THE COURT WHEN THE ACTIONS
AUTHORIZED BY THIS PARAGRAPH ARE COMPLETED AND THE COST THEREOF AND ALL
OTHER COSTS AUTHORIZED BY THIS PARAGRAPH HAVE BEEN PAID OR REIMBURSED
FROM THE RENTS AND INCOME OF THE ELIGIBLE RENTAL BUILDING AND THE
SURPLUS MONEY, IF ANY, HAS BEEN PAID OVER TO THE OWNER OR THE MORTGAGEE
OR LIENOR AS THE COURT MAY DIRECT. HOWEVER, AT ANY TIME, THE RECEIVER
MAY BE DISCHARGED UPON FILING THEIR ACCOUNT AS RECEIVER WITHOUT AFFECT-
ING THE RIGHT OF THE LOCAL HOUSING AGENCY TO ITS LIEN. UPON THE
COMPLETION OF THE REPAIRS AND IMPROVEMENTS, THE OWNER, THE MORTGAGEE, OR
ANY LIENOR MAY APPLY FOR THE DISCHARGE OF THE RECEIVER UPON PAYMENT TO
THE RECEIVER OF ALL MONEYS EXPENDED BY SUCH RECEIVER THEREFOR AND ALL
OTHER COSTS AUTHORIZED BY SUBPARAGRAPH SEVEN OF THIS PARAGRAPH WHICH
HAVE NOT BEEN PAID OR REIMBURSED FROM THE RENTS AND INCOME OF SUCH
ELIGIBLE RENTAL BUILDING.
(9) RECOVERY OF EXPENSES OF RECEIVERSHIP; LIEN OF RECEIVER. (A) THE
EXPENDITURES MADE BY THE RECEIVER PURSUANT TO SUBPARAGRAPH SEVEN OF THIS
PARAGRAPH SHALL, TO THE EXTENT THAT THEY ARE NOT RECOVERED FROM THE
RENTS AND INCOME OF THE ELIGIBLE RENTAL BUILDING COLLECTED BY THE
RECEIVER, CONSTITUTE A DEBT OF THE OWNER AND A LIEN UPON SUCH BUILDING
AND LOT, AND UPON THE RENTS AND INCOME THEREOF. EXCEPT AS OTHERWISE
PROVIDED IN THIS SUBPARAGRAPH, THE PROVISIONS OF ARTICLE EIGHT OF
S. 9006--C 45 A. 10006--C
SUBCHAPTER FIVE OF CHAPTER TWO OF TITLE TWENTY-SEVEN OF THE ADMINISTRA-
TIVE CODE OF THE CITY OF NEW YORK SHALL GOVERN THE EFFECT AND ENFORCE-
MENT OF SUCH DEBT AND LIEN; REFERENCES THEREIN TO THE DEPARTMENT OF
HOUSING PRESERVATION AND DEVELOPMENT SHALL, FOR PURPOSES OF THIS ARTI-
CLE, BE DEEMED TO REFER TO THE RECEIVER AND, AFTER SUCH RECEIVER'S
DISCHARGE, THE DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT.
(B) FAILURE TO SERVE A COPY OF THE ORDER AND NOTICE REQUIRED IN THE
MANNER SPECIFIED BY SUBPARAGRAPH FOUR OF THIS PARAGRAPH, OR FAILURE TO
SERVE ANY MORTGAGEE OR LIENOR WITH A COPY OF THE ORDER TO SHOW CAUSE AS
REQUIRED BY CLAUSE (C) OF SUBPARAGRAPH FIVE OF THIS PARAGRAPH, SHALL NOT
AFFECT THE VALIDITY OF THE PROCEEDING OR THE APPOINTMENT OF A RECEIVER,
BUT THE RIGHTS OF THE LOCAL HOUSING AGENCY OR OF THE RECEIVER SHALL NOT
IN SUCH EVENT BE SUPERIOR TO THE RIGHTS OF ANY MORTGAGEE OR LIENOR WHO
HAS NOT BEEN SERVED AS PROVIDED THEREIN.
(C) ANY MORTGAGEE OR LIENOR WHO AT SUCH MORTGAGEE OR LIENOR'S EXPENSE
CORRECTS THE VIOLATIONS TO THE SATISFACTION OF THE COURT PURSUANT TO THE
PROVISIONS OF CLAUSE (C) OF SUBPARAGRAPH SIX OF THIS PARAGRAPH SHALL
HAVE AND BE ENTITLED TO ENFORCE A LIEN EQUIVALENT TO THE LIEN GRANTED TO
THE RECEIVER IN FAVOR OF THE LOCAL HOUSING AGENCY BY THIS SUBPARAGRAPH.
ANY MORTGAGEE OR LIENOR WHO, FOLLOWING THE APPOINTMENT OF A RECEIVER BY
THE COURT, SHALL REIMBURSE THE RECEIVER AND THE LOCAL HOUSING AGENCY FOR
ALL COSTS AND CHARGES AS PROVIDED BY THIS PARAGRAPH SHALL BE ENTITLED TO
AN ASSIGNMENT OF THE LIEN GRANTED TO THE RECEIVER IN FAVOR OF THE LOCAL
HOUSING AGENCY.
(10) OBLIGATIONS OF OWNER NOT AFFECTED. NOTHING CONTAINED IN THIS
PARAGRAPH SHALL BE DEEMED TO RELIEVE THE OWNER OF ANY CIVIL OR CRIMINAL
LIABILITY INCURRED OR ANY DUTY IMPOSED BY LAW BY REASON OF ACTS OR OMIS-
SIONS OF THE OWNER PRIOR TO THE APPOINTMENT OF A RECEIVER; NOR SHALL
ANYTHING CONTAINED IN THIS PARAGRAPH BE CONSTRUED TO SUSPEND DURING THE
RECEIVERSHIP ANY OBLIGATION OF THE OWNER FOR THE PAYMENT OF TAXES OR
OTHER OPERATING AND MAINTENANCE EXPENSES OF THE ELIGIBLE RENTAL BUILDING
NOR OF THE OWNER OR ANY OTHER PERSON FOR THE PAYMENT OF MORTGAGES OR
LIENS.
(T) REPORTING. NO LATER THAN TWO YEARS AFTER THE EFFECTIVE DATE OF
SUCH LOCAL LAW AUTHORIZING AN ABATEMENT PURSUANT TO THIS SUBDIVISION,
AND ANNUALLY THEREAFTER, THE LOCAL HOUSING AGENCY, IN CONSULTATION WITH
THE DEPARTMENT OF FINANCE, SHALL SUBMIT TO THE MAYOR AND THE SPEAKER OF
THE COUNCIL AND POST ON ITS WEBSITE A REPORT ON THE ACTIONS BY THE LOCAL
HOUSING AGENCY IN THE PRECEDING FISCAL YEAR RELATED TO REHABILITATION
PROGRAM BENEFITS. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
(1) THE TOTAL AMOUNT OF THE REHABILITATION PROGRAM BENEFITS APPROVED
FOR EACH ELIGIBLE BUILDING, THE NUMBER OF ELIGIBLE BUILDINGS IN EACH
COMMUNITY DISTRICT, NEIGHBORHOOD TABULATION AREA, COUNCIL DISTRICT, NEW
YORK STATE ASSEMBLY DISTRICT, AND NEW YORK STATE SENATE DISTRICT, THE
BUILDING CLASSIFICATION, IN ACCORDANCE WITH SECTION THREE HUNDRED TWO OF
THE NEW YORK CITY BUILDING CODE, OF EACH SUCH ELIGIBLE BUILDING, THE
NUMBER OF DWELLING UNITS IN EACH SUCH ELIGIBLE BUILDING, AND THE NUMBER
OF QUALIFYING RENTAL UNITS IN EACH SUCH ELIGIBLE BUILDING; AND
(2) THE NUMBER OF ELIGIBLE BUILDINGS WHOSE REHABILITATION PROGRAM
BENEFITS WERE TERMINATED OR REVOKED AND THE NUMBER OF ELIGIBLE BUILDINGS
AGAINST WHICH ACTIONS WERE TAKEN, PURSUANT TO CLAUSES (A), (B) AND (C)
OF SUBPARAGRAPH FIVE OF PARAGRAPH (E) OF THIS SUBDIVISION, TO ADDRESS
NONCOMPLIANCE WITH THE PROVISIONS OF SUCH SUBDIVISION, AND THE STREET
ADDRESS OF EACH SUCH ELIGIBLE BUILDING.
(U) UPDATES TO THE CERTIFIED REASONABLE COST SCHEDULE. WHEN UPDATING
THE CERTIFIED REASONABLE COST SCHEDULE, THE LOCAL HOUSING AGENCY SHALL
S. 9006--C 46 A. 10006--C
CONSIDER THE FACTORS SUCH AGENCY DEEMS RELEVANT, SUCH AS THE REQUIRE-
MENTS IMPOSED ON ELIGIBLE BUILDINGS BY LOCAL LAW, INCLUDING, BUT NOT
LIMITED TO, ARTICLES THREE HUNDRED TWO, THREE HUNDRED TWENTY AND THREE
HUNDRED TWENTY-ONE OF CHAPTER THREE OF TITLE TWENTY-EIGHT OF THE ADMIN-
ISTRATIVE CODE OF THE CITY OF NEW YORK, AND THE EFFECTS OF INFLATION ON
SUCH COSTS SINCE THE PRIOR DATE THE CERTIFIED REASONABLE COST SCHEDULE
WAS UPDATED. THE LOCAL HOUSING AGENCY SHALL PUBLISH THE CERTIFIED
REASONABLE COST SCHEDULE ON ITS WEBSITE.
§ 2. This act shall take effect immediately.
PART P
Section 1. The opening paragraph of subdivision 2 of section 241.05 of
the penal law, as added by chapter 573 of the laws of 2019, is amended
to read as follows:
With intent to induce two or more rent regulated tenants occupying
different housing accommodations IN ONE RESIDENTIAL BUILDING, OR TWO
RENT REGULATED TENANTS OCCUPYING DIFFERENT HOUSING ACCOMMODATIONS IN TWO
SEPARATE RESIDENTIAL BUILDINGS, to vacate such housing accommodations,
such owner intentionally engages in a systematic ongoing course of
conduct that:
§ 2. The penal law is amended by adding a new section 241.07 to read
as follows:
§ 241.07 AGGRAVATED HARASSMENT OF A RENT REGULATED TENANT.
AN OWNER IS GUILTY OF AGGRAVATED HARASSMENT OF A RENT REGULATED TENANT
WHEN:
1. WITH INTENT TO INDUCE THREE OR MORE RENT REGULATED TENANTS OCCUPY-
ING DIFFERENT HOUSING ACCOMMODATIONS IN TWO OR MORE RESIDENTIAL BUILD-
INGS TO VACATE SUCH HOUSING ACCOMMODATIONS, SUCH OWNER INTENTIONALLY
ENGAGES IN A SYSTEMATIC ONGOING COURSE OF CONDUCT THAT:
(A) IMPAIRS THE HABITABILITY OF SUCH HOUSING ACCOMMODATIONS; OR
(B) CREATES OR MAINTAINS A CONDITION WHICH ENDANGERS THE SAFETY OR
HEALTH OF ONE OR MORE OF THE DWELLINGS' RENT REGULATED TENANTS; OR
(C) IS REASONABLY LIKELY TO INTERFERE WITH OR DISTURB, AND DOES INTER-
FERE WITH OR DISTURB, THE COMFORT, REPOSE, PEACE OR QUIET OF ONE OR MORE
OF SUCH RENT REGULATED TENANTS IN THEIR USE AND OCCUPANCY OF SUCH HOUS-
ING ACCOMMODATION INCLUDING, BUT NOT LIMITED TO, THE INTERRUPTION OR
DISCONTINUANCE OF ESSENTIAL SERVICES.
2. SUCH OWNER COMMITS THE CRIME OF HARASSMENT OF A RENT REGULATED
TENANT IN THE FIRST DEGREE AS DEFINED IN SECTION 241.05 OF THIS ARTICLE
AND HAS PREVIOUSLY BEEN CONVICTED WITHIN THE PRECEDING FIVE YEARS OF
SUCH CRIME.
THE GOOD FAITH COMMENCEMENT AND PURSUIT OF A LAWFUL EVICTION ACTION BY
AN OWNER AGAINST A RENT REGULATED TENANT IN A COURT OF COMPETENT JURIS-
DICTION SHALL NOT, BY ITSELF, CONSTITUTE A "SYSTEMATIC ONGOING COURSE OF
CONDUCT" IN VIOLATION OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION.
AGGRAVATED HARASSMENT OF A RENT REGULATED TENANT IS A CLASS D FELONY.
§ 3. Section 241.00 of the penal law is amended by adding a new subdi-
vision 4 to read as follows:
4. "RESIDENTIAL BUILDING" SHALL MEAN A STRUCTURE BUILT UPON AN IDEN-
TIFIABLE BOROUGH-BLOCK-LOT OR SECTION-BLOCK-LOT NUMBER THAT CONTAINS
MULTIPLE DWELLING UNITS, AT LEAST ONE OF WHICH IS SUBJECT TO THE REGU-
LATIONS AND CONTROL OF RESIDENTIAL RENTS AND EVICTIONS PURSUANT TO THE
EMERGENCY HOUSING RENT CONTROL LAW, THE LOCAL EMERGENCY HOUSING RENT
CONTROL ACT, THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-
S. 9006--C 47 A. 10006--C
FOUR, THE NEW YORK CITY RENT AND REHABILITATION LAW OR THE NEW YORK CITY
RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE. THE DEFINITION OF
"RESIDENTIAL BUILDING" AS USED IN THIS SUBDIVISION SHALL BE APPLICABLE
ONLY TO THE PROVISIONS OF THIS ARTICLE AND SHALL NOT BE APPLICABLE TO
ANY OTHER PROVISION OF LAW.
§ 4. This act shall take effect immediately.
PART Q
Section 1. Subdivision 5-a of section 296 of the executive law, as
added by chapter 706 of the laws of 2025, is renumbered subdivision 5-b.
§ 2. This act shall take effect immediately.
PART R
Section 1. Subparagraph (xxviii) of paragraph (a) of subdivision 16 of
section 421-a of the real property tax law, as amended by section 1 of
part T of chapter 56 of the laws of 2024, is amended to read as follows:
(xxviii) "Eligible multiple dwelling" shall mean either (1) a multiple
dwelling or homeownership project containing six or more dwelling units
created through new construction or eligible conversion for which the
commencement date is after December thirty-first, two thousand fifteen
and on or before June fifteenth, two thousand twenty-two, and for which
the completion date is on or before June fifteenth, two thousand twen-
ty-six, or (2) a multiple dwelling or homeownership project containing
six or more dwelling units created through new construction or eligible
conversion which complies with affordability option A, affordability
option B, affordability option D, affordability option E or affordabili-
ty option F, and for which the commencement date is after December thir-
ty-first, two thousand fifteen and on or before June fifteenth, two
thousand twenty-two, and for which the completion date is on or before
June fifteenth, two thousand thirty-one, provided that the owner of such
multiple dwelling or homeownership project submits a letter of intent on
a form to be promulgated by the New York city department of housing
preservation and development, to such department, within ninety days of
the date that such department promulgates such form. The New York city
department of housing preservation and development shall promulgate such
form no later than sixty days from the effective date of the chapter of
the laws of 2024 which amended this subparagraph. For the purposes of
this subparagraph, the term "letter of intent" means documentation
certifying that the owner of such multiple dwelling or homeownership
project outlined in this subparagraph intends to apply for the benefits
described in this section upon the construction completion date. The New
York city department of housing preservation and development shall
prescribe, and make available to the public, a "letter of intent form"
by which owners may use to submit such letter of intent outlined in this
subparagraph. The New York city department of housing preservation and
development shall make information relating to letters of intent and
corresponding projects available to the public, OR (3) (A) IS LOCATED ON
A PARCEL OF LAND WHICH WAS PART OF A TRACT OF LAND FOR WHICH A SPECIAL
PERMIT FOR A LARGE SCALE GENERAL DEVELOPMENT AS DEFINED IN THE ZONING
RESOLUTION OF THE CITY OF NEW YORK WAS APPROVED VIA THE UNIFORM LAND USE
REVIEW PROCEDURE PURSUANT TO SECTIONS ONE HUNDRED NINETY-SEVEN-C AND ONE
HUNDRED NINETY-SEVEN-D OF THE NEW YORK CITY CHARTER ON OR BEFORE JUNE
FIFTEENTH, TWO THOUSAND TWENTY-TWO, AND SUCH TRACT CONTAINS A MULTIPLE
DWELLING FOR WHICH THE COMMENCEMENT DATE IS AFTER DECEMBER THIRTY-FIRST,
S. 9006--C 48 A. 10006--C
TWO THOUSAND FIFTEEN AND ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND TWEN-
TY-TWO; AND (B) COMPLIES WITH AFFORDABILITY OPTION A, AFFORDABILITY
OPTION B, AFFORDABILITY OPTION D, AFFORDABILITY OPTION E OR AFFORDABILI-
TY OPTION F.
§ 2. This act shall take effect immediately.
§ 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through R of this act shall be
as specifically set forth in the last section of such Parts.Every fact on this page links to its source, starting with the official bill record.