A10718-2011 Actions

• Jun 21, 2012: reported referred to rules
• Jun 21, 2012: reported referred to ways and means
• Jun 18, 2012: print number 10718a
• Jun 18, 2012: amend and recommit to housing
• Jun 17, 2012: referred to housing

A10718-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 10718
 I N  ASSEMBLY
 June 17, 2012
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. V. Lopez,
 Silver) -- read once and referred to the Committee on Housing
 

AN ACT to amend the administrative code of the city  of  New  York,  the
 emergency tenant protection act of nineteen seventy-four and the emer
 gency  housing  rent control law, in relation to the collection of any
 rent adjustment to the  legal  regulated  rent  for  a  major  capital
 improvement for any housing accommodation; and to amend the real prop
 erty  tax  law, in relation to exemption from taxation of any increase
 in assessed valuation of real property resulting from alterations  and
 improvements
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subparagraph (g) of paragraph 1 of subdivision g of section
 26-405 of the administrative code of the city of New York, as amended by
 chapter 749 of the laws of 1990, is amended to read as follows:

 (g) There has been since July first, nineteen hundred seventy, a major
 capital improvement required for the operation, preservation or  mainte
 nance  of  the  structure.  An  adjustment under this subparagraph [(g)]
 shall be in an amount sufficient to amortize the cost  of  the  improve
 ments pursuant to this subparagraph [(g)] over a seven-year period.  THE
 COLLECTION  OF  ANY  RENT  ADJUSTMENT  TO THE LEGAL REGULATED RENT FOR A
 MAJOR CAPITAL IMPROVEMENT FOR ANY HOUSING ACCOMMODATION SHALL NOT EXCEED
 SIX PERCENT IN ANY YEAR FROM THE EFFECTIVE DATE OF  THE  ORDER  GRANTING
 THE INCREASE OVER THE RENT SET FORTH IN THE SCHEDULE OF GROSS RENTS WITH
 COLLECTIBILITY  OF ANY DOLLAR EXCESS ABOVE SAID SUM TO BE SPREAD FORWARD
 IN SIMILAR INCREMENTS AND ADDED TO THE MAXIMUM RENT  AS  ESTABLISHED  OR
 SET  IN  FUTURE  YEARS.  IN  NO  EVENT  SHALL  MORE THAN ONE SIX PERCENT
 INCREASE IN THE MAXIMUM RENT BE COLLECTED  IN  THE  SAME  YEAR.  A  RENT
 ADJUSTMENT  FOR  A  MAJOR CAPITAL IMPROVEMENT MAY ONLY BE GRANTED IF THE
 OWNER OR AGENT OF THE SUBJECT BUILDING FIRST APPLIES  FOR  AND  RECEIVES
 BENEFITS  PURSUANT  TO  SECTION 11-243 OF THIS CODE FOR THE BUILDING FOR
 WHICH THEY ARE SEEKING A MAJOR CAPITAL IMPROVEMENT,  PROVIDED,  HOWEVER,
 AN OWNER OR AGENT OF THE SUBJECT BUILDING THAT IS DENIED BENEFITS PURSU
 ANT  TO SECTION 11-243 OF THIS CODE FOR REASONS UNRELATED TO AN UNTIMELY
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD16251-01-2
 
       A. 10718                            2
 OR IMPROPERLY COMPLETED APPLICATION SHALL STILL BE ELIGIBLE TO RECEIVE A
 RENT ADJUSTMENT FOR A MAJOR CAPITAL IMPROVEMENT; or
 

S 2. Paragraph 6 of subdivision c of section 26-511 of the administra
 tive code of the city of New York, as amended by chapter 116 of the laws
 of 1997, is amended to read as follows:

 (6)  provides  criteria whereby the commissioner may act upon applica
 tions by owners for increases in  excess  of  the  level  of  fair  rent
 increase  established under this law provided, however, that such crite
 ria shall provide (a) as to hardship applications, for  a  finding  that
 the level of fair rent increase is not sufficient to enable the owner to
 maintain  approximately  the same average annual net income (which shall
 be computed without regard to debt service, financing costs  or  manage
 ment  fees)  for the three year period ending on or within six months of
 the date of an application pursuant to such criteria  as  compared  with
 annual  net income, which prevailed on the average over the period nine
 teen hundred sixty-eight through nineteen hundred seventy,  or  for  the
 first three years of operation if the building was completed since nine
 teen  hundred  sixty-eight  or  for the first three fiscal years after a
 transfer of title to a new owner provided the new owner can establish to
 the satisfaction of the commissioner that he or she  acquired  title  to
 the  building as a result of a bona fide sale of the entire building and
 that the new owner is unable to obtain requisite records for the  fiscal
 years  nineteen  hundred  sixty-eight  through  nineteen hundred seventy
 despite diligent efforts to obtain same from predecessors in  title  and
 further  provided that the new owner can provide financial data covering
 a minimum of six years under his or  her  continuous  and  uninterrupted
 operation  of  the building to meet the three year to three year compar
 ative test periods herein provided; and (b) as  to  completed  building
 wide  major  capital  improvements, for a finding that such improvements
 are deemed depreciable under the Internal Revenue Code and that the cost
 is to be amortized over a seven-year period, based  upon  cash  purchase
 price  exclusive  of interest or service charges.  THE COLLECTION OF ANY
 RENT ADJUSTMENT TO THE LEGAL REGULATED RENT FOR A MAJOR CAPITAL IMPROVE
 MENT FOR ANY HOUSING ACCOMMODATION SHALL NOT EXCEED SIX PERCENT  IN  ANY
 YEAR FROM THE EFFECTIVE DATE OF THE ORDER GRANTING THE INCREASE OVER THE
 RENT SET FORTH IN THE SCHEDULE OF GROSS RENTS WITH COLLECTIBILITY OF ANY
 DOLLAR  EXCESS ABOVE SAID SUM TO BE SPREAD FORWARD IN SIMILAR INCREMENTS
 AND ADDED TO THE MAXIMUM RENT AS ESTABLISHED OR SET IN FUTURE YEARS.  IN
 NO EVENT SHALL MORE THAN ONE SIX PERCENT INCREASE IN THE MAXIMUM RENT BE
 COLLECTED  IN  THE  SAME  YEAR.  A  RENT  ADJUSTMENT FOR A MAJOR CAPITAL
 IMPROVEMENT MAY ONLY BE GRANTED IF THE OWNER OR  AGENT  OF  THE  SUBJECT
 BUILDING  FIRST  APPLIES  FOR  AND RECEIVES BENEFITS PURSUANT TO SECTION
 11-243 OF THIS CODE FOR THE BUILDING FOR WHICH THEY ARE SEEKING A  MAJOR
 CAPITAL IMPROVEMENT, PROVIDED, HOWEVER, AN OWNER OR AGENT OF THE SUBJECT
 BUILDING THAT IS DENIED BENEFITS PURSUANT TO SECTION 11-243 OF THIS CODE
 FOR REASONS UNRELATED TO AN UNTIMELY OR IMPROPERLY COMPLETED APPLICATION
 SHALL STILL BE ELIGIBLE TO RECEIVE A RENT ADJUSTMENT FOR A MAJOR CAPITAL
 IMPROVEMENT.  Notwithstanding anything to the contrary contained herein,
 no hardship increase granted pursuant  to  this  paragraph  shall,  when
 added  to  the  annual  gross  rents, as determined by the commissioner,
 exceed the sum of, (i) the annual operating expenses, (ii) an  allowance
 for  management services as determined by the commissioner, (iii) actual
 annual mortgage debt service (interest and amortization) on its  indebt
 edness to a lending institution, an insurance company, a retirement fund
 or  welfare  fund which is operated under the supervision of the banking
 or insurance laws of the state of New York or  the  United  States,  and
 
       A. 10718                            3
 (iv) eight and one-half percent of that portion of the fair market value
 of  the  property which exceeds the unpaid principal amount of the mort
 gage indebtedness referred to in subparagraph (iii) of  this  paragraph.
 Fair  market value for the purposes of this paragraph shall be six times
 the annual gross rent. The collection of any increase in the  stabilized
 rent  for  any apartment pursuant to this paragraph shall not exceed six
 percent in any year from the effective date of the  order  granting  the
 increase  over  the  rent set forth in the schedule of gross rents, with
 collectability of any dollar excess above said sum to be spread  forward
 in similar increments and added to the stabilized rent as established or
 set in future years;
 

S 3. Paragraph 3 of subdivision d of section 6 of section 4 of chapter
 576  of  the  laws of 1974, constituting the emergency tenant protection
 act of nineteen seventy-four, as amended by chapter 749 of the  laws  of
 1990, is amended to read as follows:

 (3)  there has been since January first, nineteen hundred seventy-four
 a major capital improvement required for the operation, preservation  or
 maintenance  of  the structure. An adjustment under this paragraph shall
 be in an amount sufficient to amortize  the  cost  of  the  improvements
 pursuant  to  this paragraph over a seven-year period. THE COLLECTION OF
 ANY RENT ADJUSTMENT TO THE LEGAL REGULATED  RENT  FOR  A  MAJOR  CAPITAL
 IMPROVEMENT  FOR  ANY HOUSING ACCOMMODATION SHALL NOT EXCEED SIX PERCENT
 IN ANY YEAR FROM THE EFFECTIVE DATE OF THE ORDER GRANTING  THE  INCREASE
 OVER THE RENT SET FORTH IN THE SCHEDULE OF GROSS RENTS WITH COLLECTIBIL
 ITY  OF ANY DOLLAR EXCESS ABOVE SAID SUM TO BE SPREAD FORWARD IN SIMILAR
 INCREMENTS AND ADDED TO THE MAXIMUM RENT AS ESTABLISHED OR SET IN FUTURE
 YEARS. IN NO EVENT SHALL MORE THAN ONE SIX PERCENT INCREASE IN THE MAXI
 MUM RENT BE COLLECTED IN THE SAME YEAR, or
 

S 4. The second undesignated paragraph of paragraph (a) of subdivision
 4 of section 4 of chapter 274 of the  laws  of  1946,  constituting  the
 emergency  housing  rent control law, as amended by section 25 of part B
 of chapter 97 of the laws of 2011, is amended to read as follows:

 No application for adjustment of maximum rent based upon a sales price
 valuation shall be filed by the landlord under this  subparagraph  prior
 to  six months from the date of such sale of the property.  In addition,
 no adjustment ordered by the commission  based  upon  such  sales  price
 valuation  shall  be  effective  prior to one year from the date of such
 sale.  Where, however, the assessed valuation of the land  exceeds  four
 times  the  assessed  valuation of the buildings thereon, the commission
 may determine a valuation of the property equal to five times the equal
 ized assessed valuation of the  buildings,  for  the  purposes  of  this
 subparagraph.    The  commission may make a determination that the valu
 ation of the  property  is  an  amount  different  from  such  equalized
 assessed  valuation  where  there  is  a request for a reduction in such
 assessed  valuation  currently  pending;  or  where  there  has  been  a
 reduction  in  the  assessed  valuation  for the year next preceding the
 effective date of the current assessed valuation in effect at  the  time
 of the filing of the application.  Net annual return shall be the amount
 by which the earned income exceeds the operating expenses of the proper
 ty,  excluding  mortgage interest and amortization, and excluding allow
 ances for obsolescence and reserves,  but  including  an  allowance  for
 depreciation  of  two per centum of the value of the buildings exclusive
 of the land, or the amount shown for depreciation of  the  buildings  in
 the  latest  required  federal  income  tax  return, whichever is lower;
 provided, however, that (1) no allowance for depreciation of the  build
 ings  shall  be included where the buildings have been fully depreciated
 
       A. 10718                            4
 for federal income tax purposes or on the books of the owner; or (2) the
 landlord who owns no more than four rental units within  the  state  has
 not  been  fully compensated by increases in rental income sufficient to
 offset  unavoidable increases in property taxes, fuel, utilities, insur
 ance and repairs and maintenance, excluding mortgage interest and  amor
 tization,  and  excluding  allowances for depreciation, obsolescence and
 reserves, which have occurred since the  federal  date  determining  the
 maximum rent or the date the property was acquired by the present owner,
 whichever  is  later;  or (3)   the landlord operates a hotel or rooming
 house or owns a cooperative apartment and has not been fully compensated
 by increases in rental income from the controlled housing accommodations
 sufficient to offset unavoidable increases in property taxes  and  other
 costs  as  are  allocable  to  such  controlled  housing accommodations,
 including costs of operation of such hotel or rooming house, but exclud
 ing mortgage interest and amortization,  and  excluding  allowances  for
 depreciation,  obsolescence  and reserves, which have occurred since the
 federal date determining the maximum  rent  or  the  date  the  landlord
 commenced the operation of the property, whichever is later; or (4)  the
 landlord and tenant voluntarily enter into a valid written lease in good
 faith  with  respect  to any housing accommodation, which lease provides
 for an increase in the maximum rent not in excess of fifteen per  centum
 and  for a term of not less than two years, except that where such lease
 provides for an increase in excess of fifteen per centum,  the  increase
 shall  be  automatically reduced to fifteen per centum; or (5) the land
 lord and tenant  by  mutual  voluntary  written  agreement  agree  to  a
 substantial  increase  or  decrease in dwelling space or a change in the
 services, furniture, furnishings or equipment provided  in  the  housing
 accommodations;  provided  that  an  owner  shall  be entitled to a rent
 increase where there has been a substantial modification or increase  of
 dwelling  space  or  an increase in the services, or installation of new
 equipment or improvements or new furniture or furnishings provided in or
 to a tenant's housing accommodation. The permanent increase in the maxi
 mum rent for the affected housing accommodation shall  be  one-fortieth,
 in  the  case  of  a building with thirty-five or fewer housing accommo
 dations, or one-sixtieth, in the case of a building with more than thir
 ty-five housing  accommodations  where  such  permanent  increase  takes
 effect  on or after September twenty-fourth, two thousand eleven, of the
 total cost incurred by the landlord in providing  such  modification  or
 increase  in  dwelling space, services, furniture, furnishings or equip
 ment, including the cost of installation, but excluding finance  charges
 provided further that an owner who is entitled to a rent increase pursu
 ant  to  this  clause  shall  not be entitled to a further rent increase
 based upon the installation of similar equipment, or  new  furniture  or
 furnishings  within the useful life of such new equipment, or new furni
 ture or furnishings. The owner shall give written notice to the  commis
 sion  of  any such adjustment pursuant to this clause; or (6)  there has
 been, since March first, nineteen hundred  fifty,  an  increase  in  the
 rental  value of the housing accommodations as a result of a substantial
 rehabilitation of the building or housing  accommodation  therein  which
 materially adds to the value of the property or appreciably prolongs its
 life,  excluding  ordinary repairs, maintenance and replacements; or (7)
 there has been since March first, nineteen hundred fifty, a major  capi
 tal  improvement required for the operation, preservation or maintenance
 of the structure.  THE COLLECTION OF ANY RENT ADJUSTMENT  TO  THE  LEGAL
 REGULATED  RENT FOR A MAJOR CAPITAL IMPROVEMENT FOR ANY HOUSING ACCOMMO
 DATION SHALL NOT EXCEED SIX PERCENT IN ANY YEAR FROM THE EFFECTIVE  DATE
 
       A. 10718                            5
 OF THE ORDER GRANTING THE INCREASE OVER THE RENT SET FORTH IN THE SCHED
 ULE  OF  GROSS RENTS WITH COLLECTIBILITY OF ANY DOLLAR EXCESS ABOVE SAID
 SUM TO BE SPREAD FORWARD IN SIMILAR INCREMENTS AND ADDED TO THE  MAXIMUM
 RENT  AS ESTABLISHED OR SET IN FUTURE YEARS. IN NO EVENT SHALL MORE THAN
 ONE SIX PERCENT INCREASE IN THE MAXIMUM RENT BE COLLECTED  IN  THE  SAME
 YEAR;  or  (8) there has been since March first, nineteen hundred fifty,
 in structures containing more than four  housing  accommodations,  other
 improvements  made  with the express consent of the tenants in occupancy
 of at least seventy-five per   centum  of  the  housing  accommodations,
 provided,  however,  that  no  adjustment granted hereunder shall exceed
 fifteen per centum unless the tenants have agreed to a higher percentage
 of increase, as herein provided; or (9)   there has  been,  since  March
 first, nineteen hundred fifty, a subletting without written consent from
 the landlord or an increase in the number of adult occupants who are not
 members  of the immediate family of the tenant, and the landlord has not
 been compensated therefor by adjustment of the maximum rent by lease  or
 order  of  the  commission  or pursuant to the federal act; or (10)  the
 presence of unique or peculiar circumstances  materially  affecting  the
 maximum rent has resulted in a maximum rent which is substantially lower
 than  the  rents generally prevailing in the same area for substantially
 similar housing accommodations.
 

S 5. Subdivision dd of section 11-243 of the  administrative  code  of
 the city of New York, as added by local law number 41 of the city of New
 York for the year 1988, is amended to read as follows:

 dd.  [Partial waiver] WAIVER of rent adjustments attributable to major
 capital improvements. (1) The provisions of this  subdivision  apply  to
 and are additional requirements for claiming or receiving any tax abate
 ment under this section, except as provided in paragraphs three and four
 of this subdivision.
 (2)  The owner of the property shall file with the department of hous
 ing preservation and development, on the date any application for  bene
 fits  is  made,  a  declaration stating that in consideration of any tax
 abatement benefits which may be received pursuant  to  such  application
 for  alterations  or  improvements constituting a major capital improve
 ment, such owner agrees to waive the collection of  a  [portion  of  the
 total  annual  amount of any] rent adjustment attributable to such major
 capital improvement which may be granted by the New York state  division
 of housing and community renewal pursuant to the rent stabilization code
 equal  to  [one-half  of]  the  total annual amount of the tax abatement
 benefits which the property receives pursuant to such  application  with
 respect  to such alterations or improvements. Such waiver shall commence
 on the date of the first collection of such rent  adjustment[,  provided
 that,  in the event that such tax abatement benefits were received prior
 to such first collection,  the  amount  waived  shall  be  increased  to
 account  for  such  tax  abatement benefits so received].  Following the
 expiration of a tax abatement for alterations or improvements constitut
 ing a major capital improvement for which a  rent  adjustment  has  been
 granted by such division, the owner may collect the full amount of annu
 al  rent  permitted  pursuant  to  such  rent adjustment. A copy of such
 declaration shall be filed simultaneously with the New York state  divi
 sion of housing and community renewal. Such declaration shall be binding
 upon such owner, and his or her successors and assigns.
 (3)  The provisions of this subdivision shall not apply to substantial
 rehabilitation of buildings vacant when alterations or improvements  are
 commenced  or to buildings rehabilitated with the substantial assistance
 of city, state or federal subsidies.
 
       A. 10718                            6
 (4) The provisions of this subdivision shall apply only to alterations
 and improvements commenced after its effective date.
 

S  6.  The  opening  paragraph  of  paragraph  (a) of subdivision 1 of
 section 489 of the real property tax law, as amended by chapter  244  of
 the laws of 2006, is amended to read as follows:

 Any  city  to  which  the  multiple dwelling law is applicable, acting
 through its local legislative body or other governing agency, is  hereby
 authorized  and  empowered,  to  and  including June first, two thousand
 [eleven] FIFTEEN, to adopt and amend local laws or ordinances  providing
 that any increase in assessed valuation of real property shall be exempt
 from taxation for local purposes, as provided herein, to the extent such
 increase results from:

 

S  7.  The  closing  paragraph  of  subparagraph 6 of paragraph (a) of
 subdivision 1 of section 489 of the real property tax law, as amended by
 chapter 244 of the laws of 2006, is amended to read as follows:

 Such conversion, alterations or improvements shall be completed within
 thirty-six months after the date on which same shall be  started  except
 that  such thirty-six month limitation shall not apply to conversions of
 residential units which are registered with the loft board in accordance
 with article seven-C of the multiple dwelling law pursuant  to  subpara
 graph  one  of  this  paragraph.  Notwithstanding the foregoing, a sixty
 month period for  completion  shall  be  available  for  alterations  or
 improvements  undertaken by a housing development fund company organized
 pursuant to article eleven of the private housing finance law, which are
 carried out with the substantial assistance of grants, loans  or  subsi
 dies  from any federal, state or local governmental agency or instrumen
 tality or which are carried out in a property transferred from such city
 if alterations and improvements are completed within seven  years  after
 the  date  of  transfer. In addition, the local housing agency is hereby
 empowered to grant an extension of the  period  of  completion  for  any
 project  carried out with the substantial assistance of grants, loans or
 subsidies from any  federal,  state  or  local  governmental  agency  or
 instrumentality, if such alterations or improvements are completed with
 in  sixty  months  from commencement of construction. Provided, further,
 that such conversion, alterations or improvements shall in any event  be
 completed prior to December thirty-first, two thousand [eleven] FIFTEEN.
 Exemption  for  conversions,  alterations  or  improvements  pursuant to
 subparagraph one, two, three or four of this  paragraph  shall  continue
 for  a  period not to exceed fourteen years and begin no sooner than the
 first quarterly tax bill immediately following the  completion  of  such
 conversion,  alterations  or  improvements. Exemption for alterations or
 improvements pursuant to this subparagraph or subparagraph five of  this
 paragraph  shall  continue  for a period not to exceed thirty-four years
 and shall begin no sooner than the first quarterly tax bill  immediately
 following  the  completion  of  such  alterations  or improvements. Such
 exemption shall be equal to the  increase  in  the  valuation  which  is
 subject  to  exemption  in full or proportionally under this subdivision
 for ten or thirty years, whichever is applicable. After such  period  of
 time,  the  amount  of such exempted assessed valuation of such improve
 ments shall be reduced by twenty percent in each succeeding  year  until
 the  assessed  value  of  the improvements are fully taxable.  Provided,
 however, exemption for any conversion, alterations or improvements which
 are aided by a loan or  grant  under  article  eight,  eight-A,  eleven,
 twelve,  fifteen  or  twenty-two  of  the  private  housing finance law,
 section six hundred ninety-six-a or section ninety-nine-h of the general
 municipal law, or section three hundred twelve of  the  housing  act  of
 
       A. 10718                            7
 nineteen  hundred sixty-four (42 U.S.C.A. 1452b), or the Cranston-Gonza
 lez national affordable housing act (42 U.S.C.A. 12701 et.    seq.),  or
 started  after  July  first,  nineteen hundred eighty-three by a housing
 development  fund  company  organized  pursuant to article eleven of the
 private housing finance law which are carried out with  the  substantial
 assistance  of  grants,  loans  or  subsidies from any federal, state or
 local governmental agency or instrumentality or which are carried out in
 a property transferred from any city and where alterations and  improve
 ments  are  completed  within seven years after the date of transfer may
 commence at the beginning of any tax quarter subsequent to the start  of
 such conversion, alterations or improvements and prior to the completion
 of such conversion, alterations or improvements.
 

S  8. 

Section  489  of the real property tax law is amended by adding
 four new subdivisions 17, 18, 19 and 20 to read as follows:

 17.  (A) FOR PURPOSES OF THIS SUBDIVISION,  "SUBSTANTIAL  GOVERNMENTAL
 ASSISTANCE" SHALL MEAN:

 (1) GRANTS, LOANS OR SUBSIDIES FROM ANY FEDERAL, STATE OR LOCAL AGENCY
 OR  INSTRUMENTALITY  IN  FURTHERANCE OF A PROGRAM FOR THE DEVELOPMENT OF
 AFFORDABLE HOUSING APPROVED BY  THE  LOCAL  HOUSING  AGENCY,  INCLUDING,
 WITHOUT  LIMITATION, FINANCING OR INSURANCE PROVIDED BY THE STATE OF NEW
 YORK MORTGAGE AGENCY OF THE NEW YORK CITY RESIDENTIAL MORTGAGE INSURANCE
 CORPORATION; OR
 (2) A WRITTEN AGREEMENT BETWEEN A HOUSING DEVELOPMENT FUND CORPORATION
 AND THE LOCAL HOUSING AGENCY LIMITING THE INCOMES OF PERSONS ENTITLED TO
 PURCHASE SHARES OR RENT HOUSING ACCOMMODATIONS THEREIN.
 (B) ANY LOCAL LAW OR ORDINANCE PROVIDING FOR BENEFITS PURSUANT TO THIS
 SECTION MUST ALSO PROVIDE THAT NO  BENEFITS  PURSUANT  TO  THIS  SECTION
 SHALL  BE  GRANTED FOR THE CONVERSION OF ANY NON-RESIDENTIAL BUILDING OR
 STRUCTURE INTO A CLASS A MULTIPLE DWELLING, COMPLETED ON OR AFTER DECEM
 BER THIRTY-FIRST,  TWO  THOUSAND  ELEVEN,  UNLESS  SUCH  CONVERSION  WAS
 CARRIED OUT WITH SUBSTANTIAL GOVERNMENTAL ASSISTANCE.
 18. ANY LOCAL LAW OR ORDINANCE PROVIDING FOR BENEFITS PURSUANT TO THIS
 SECTION  MUST  ALSO PROVIDE, WITH RESPECT TO CONVERSIONS, ALTERATIONS OR
 IMPROVEMENTS FOR WHICH APPLICATION WAS MADE AFTER THE EFFECTIVE DATE  OF
 THIS  SUBDIVISION, THAT IF SUCH CONVERSIONS, ALTERATIONS OR IMPROVEMENTS
 ARE NOT COMPLETED ON THE DATE  UPON  WHICH  SUCH  LOCAL  HOUSING  AGENCY
 INSPECTS  THE ITEMS OF WORK CLAIMED IN SUCH APPLICATION, THE LOCAL HOUS
 ING AGENCY SHALL REQUIRE THE APPLICANT TO PAY THE ACTUAL  COST  FOR  ANY
 ADDITIONAL  INSPECTIONS  NEEDED TO VERIFY THE COMPLETION OF SUCH CONVER
 SION, ALTERATION OR IMPROVEMENT.
 19. THE REVOCATION OF  BENEFITS  GRANTED  TO  ANY  MULTIPLE  DWELLING,
 BUILDING  OR  STRUCTURE  PURSUANT  TO  THIS SECTION SHALL NOT EXEMPT ANY
 DWELLING UNIT THEREIN FROM CONTINUED COMPLIANCE WITH THE REQUIREMENTS OF
 THIS SECTION OR OF ANY LOCAL LAW OR  ORDINANCE  PROVIDING  FOR  BENEFITS
 PURSUANT TO THIS SECTION.
 20.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL
 LAW OR ANY LOCAL ORDINANCE  PROVIDING  FOR  BENEFITS  PURSUANT  TO  THIS
 SECTION  MAY  REQUIRE  THAT  THE APPLICATIONS FOR EXEMPTION OR ABATEMENT
 UNDER THIS SECTION THAT ARE FILED ON OR AFTER A DATE SPECIFIED  IN  SUCH
 LOCAL LAW OR ORDINANCE BE FILED ELECTRONICALLY.
 

S 9. Severability clause. If any clause, sentence, paragraph, subdivi
 sion,  section  or subpart 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  subpart  thereof  directly involved in the controversy in which such
 
       A. 10718                            8
 judgment 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.
 

S  10.  This act shall take effect immediately, provided, however that
 section 26-405 of the city rent and rehabilitation law made  by  section
 one  of  this  act shall remain in full force and effect only so long as
 the public emergency requiring the regulation and control of residential
 rents and evictions continues, as provided in subdivision 3 of section 1
 of the local emergency housing rent control act;  and  provided  further
 that  the  amendments  to section 26-511 of chapter 4 of title 26 of the
 administrative code of the city of New York made by section two of  this
 act  shall  expire  on  the  same date as such law expires and shall not
 affect the expiration of such law as provided under  section  26-520  of
 such  law;  and  provided further that the amendment to section 6 of the
 emergency tenant protection act of nineteen seventy-four made by section
 three of this act shall expire on the same date as such act expires  and
 shall not affect the expiration of such act as provided in section 17 of
 chapter 576 of the laws of 1974; and provided further that the amendment
 to  section  4 of the emergency housing rent control law made by section
 four of this act shall expire on the same date as such law  expires  and
 shall not affect the expiration of such law as provided in subdivision 2
 of  section  1  of chapter 274 of the laws of 1946; and provided further
 that the provisions of sections one and two of this act shall only apply
 to those buildings that commence work on  a  major  capital  improvement
 fifteen  days  or  later  than  the effective date of this act; provided
 further, that sections six, seven and eight of this act shall be  deemed
 to  have  been  in full force and effect on and after December 31, 2011;
 provided that the amendments made to section 489 of  the  real  property
 tax  law  by section eight of this act shall not be deemed to change the
 eligibility for benefits, pursuant to such section and any local law  or
 ordinance  providing  for benefits pursuant to such section, as a result
 of conversions, alterations or improvements  completed  before  December
 31, 2011.

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