L.L. 2020/062

Enactment date: 7/7/2020  

Int. No. 1964-A

By Council Members Chin, Adams and Vallone

A Local Law to authorize adoption by resolution of an interest rate for nonpayment of taxes on real property with an assessed value over two hundred fifty thousand dollars in fiscal year 2021 for certain property owners adversely affected by COVID-19

Be it enacted by the Council as follows:

Section 1. Notwithstanding paragraph (ii) of subdivision (e) of section 11-224.1 of the administrative code of the city of New York, the council may by resolution adopt an interest rate of 7.5 percent to be charged for nonpayment of taxes, during the period between July 1, 2020 and October 15, 2020, on real property due on July 1, 2020 for fiscal year 2021 for real property: (1) classified as class 4 pursuant to section 1802 of the real property tax law with an assessed value of more than $250,000 and less than $750,000; or (2) with an assessed value over $250,000 (i) where at least 50 percent of the property is used for residential rental dwellings; and (ii) which contains no more than 30 rental dwelling units of which at least 50 percent are rent regulated accommodations; provided that no later than September 30, 2020, the owner of such property submits documentation to the commissioner of finance demonstrating that such owner has been adversely affected by the COVID-19 pandemic; and provided further that nothing herein shall be construed to amend paragraph 6 of subdivision b of section 11-319 of such code.

§ 2. For the purposes of this local law, the following terms shall have the following meanings:

   (a)   "Adversely affected by the COVID-19 pandemic" means: (1) for real property described in subdivision one of section one of this local law, the income of the property owner from such real property declined, between March 7, 2020 and June 30, 2020, by at least 50 percent as compared to the corresponding period in the previous calendar year due to COVID-19; and (2) for real property described in subdivision two of section one of this local law, the income of the property owner from such real property declined, between March 7, 2020 and June 30, 2020, by at least 25 percent as compared to the corresponding period in the previous calendar year due to COVID-19.

   (b)   "Owner" means a person who is liable for payment of the real property tax on the subject property.

   (c)   "Rent regulated accommodation" means a dwelling unit required by law or by an agreement with a governmental entity to be regulated in accordance with the emergency tenant protection act of 1974, the rent stabilization law of 1969, the local emergency housing rent control act of 1962.

§ 3. No later than November 1, 2020, the department of finance shall report to the speaker of the council the number of properties for which the 7.5 percent interest rate was imposed pursuant to the provisions of this local law and the aggregate value of the real property tax liability of those properties.

§ 4. This local law takes effect immediately and is retroactive to and deemed to have been in effect as of June 25, 2020, except that the council of the city of New York may take such measures as are necessary for the implementation of this local law, including the adoption of the resolution that is the subject of this local law, on or before such date.

L.L. 2020/063

Enactment date: 7/7/2020  

Int. No. 1974-A

By The Public Advocate (Mr. Williams) and Council Members Kallos, Lander, Adams, Ayala, Grodenchik and Miller

A Local Law to authorize adoption by resolution of an interest rate for nonpayment of taxes on real property with an assessed value of two-hundred and fifty thousand dollars or less in fiscal year 2021 for property owners adversely affected by COVID-19

Be it enacted by the Council as follows:

Section 1. Notwithstanding paragraph (i) of subdivision (e) of section 11-224.1 of the administrative code of the city of New York, the council may, by resolution pursuant to such subdivision, adopt an interest rate to be charged for nonpayment of taxes on real property due on July 1, 2020 as follows:

   a.   For real property for which, as of July 1, 2020, a property owner has an executed agreement with the department of finance for the payment in installments of any real property taxes, assessments or other charges that are made a lien subject to the provisions of chapter 3 of title 11 of the administrative code of the city of New York, pursuant to section 11-322.1 of such code, the interest rate to be charged for nonpayment of taxes on the real property that is the subject of such executed agreement, due on July 1, 2020 for fiscal year 2021, and paid between July 15 and September 30, 2020, shall be zero percent, provided that no later than September 30, 2020, such property owner submits documentation to the commissioner of finance demonstrating that such property owner has been adversely affected by the COVID-19 pandemic, and provided further that nothing herein shall be construed to amend paragraph 6 of subdivision b of section 11-319 of such code.

   b.   For real property with an assessed value of $250,000 or less, for which the income, as defined in subdivision a of section 11-322.1 of the administrative code of the city of New York, of the owner of such property, and all the additional property owners of such real property, during calendar year 2019 was less than $150,000, the interest rate to be charged for nonpayment of taxes on such real property due on July 1, 2020, and paid between July 15 and September 30, 2020, shall be zero percent, provided that such property has been the primary residence of at least one such property owner for an uninterrupted period of not less than one year preceding July 1, 2020, which determination shall be made without regard to any hospitalization or temporary stay in a nursing home or rehabilitation facility, and provided further that no later than September 30, 2020, such property owner submits documentation to the commissioner of finance demonstrating that such property owner has been adversely affected by the COVID-19 pandemic, and provided further that nothing herein shall be construed to amend paragraph 6 of subdivision b of section 11-319 of such code.

§ 2. For the purposes of this local law, the following terms shall have the following meanings:

   a.   "Adversely affected by the COVID-19 pandemic" means: (a) the property owner or a member of the household of such property owner was diagnosed with COVID-19, received confirmation from a health professional of having contracted COVID-19 or experienced symptoms of COVID-19 and sought a medical diagnosis; or (b) the loss of the primary source of income because of COVID-19 between March 7, 2020 and June 30, 2020, which continued for at least 1 month, by the property owner or any additional property owners of such real property.

   b.   "Property" means real property classified as class 1 pursuant to section 1802 of the real property tax law or a dwelling unit in a condominium.

§ 3. Any nonpayment of taxes on real property due on July 1, 2020 and paid between July 15 and September 30, 2020, pursuant to subdivisions a and b of section one of this local law, shall not be subject to the provisions regarding subsequent tax liens in subdivision a-1 of section 11-319 of the administrative code of the city of New York.

§ 4. No later than November 1, 2020, the department of finance shall report to the speaker of the council the number of properties for which the zero percent interest rate was imposed pursuant to the provisions of this local law and the aggregate value of the real property tax liability of those properties.

§ 5. This local law takes effect immediately and is retroactive to and deemed to have been in effect as of June 25, 2020, except that the council of the city of New York may take such measures as are necessary for the implementation of this local law, including the adoption of the resolution that is the subject of this local law, on or before such date.

L.L. 2020/074

Enactment date: 7/26/2020  

Int. No. 1266-A

By Council Members Cabrera, Rodriguez, Salamanca, Levine, Cumbo, Cornegy, Koslowitz, Ampry-Samuel, Vallone, Brannan, Maisel, Constantinides, the Public Advocate (Mr. Williams), Grodenchik, Torres, Richards, Van Bramer, Kallos, Gibson, Reynoso, Rosenthal, Perkins, Eugene, Adams, Chin, Gjonaj, Levin, Barron, Rivera, Treyger, Ayala, Powers, Ulrich and Borelli

A Local Law in relation to a pilot program for shared electric scooters

Be it enacted by the Council as follows:

Section 1. Shared electric scooter pilot program.

   a.   Definitions. For the purposes of this section, the following terms have the following meanings:

      Electric scooter. The term "electric scooter" has the same meaning as provided in section 114-e of the vehicle and traffic law or any successor provision.

      Shared electric scooter organizations. The term "shared electric scooter organization" means a natural person, organization or entity that operates a fleet of shared electric scooters available for rent to the public on a short-term basis.

      Shared electric scooter system. The term "shared electric scooter system" means a network of self-service and publicly available electric scooters and related infrastructure.

   b.   Pilot program. The department of transportation shall establish a shared electric scooter pilot program that allows shared electric scooter organizations, determined by the department, to operate shared electric scooter systems. The department will issue a solicitation for such pilot no later than October 15, 2020. As part of such pilot program, the department shall determine a shared electric scooter organization or organizations to offer shared electric scooter systems to the public by March 1, 2021. Such pilot shall be of a scope and scale suitable for evaluating the efficacy of shared electric scooter systems. The department shall determine the standards and geographic boundaries of such pilot program, with priority given to neighborhoods currently unserved by existing dock-based bike share programs. Shared electric scooter organizations shall provide any information requested by the department relating to their participation in such pilot program. Any shared electric scooter organizations participating in such pilot program shall be required to have in place and implement a protocol to keep paths of travel, curb ramps, and other accessibility features unobstructed for people with disabilities. Such shared electric scooter organizations shall work with the department, other relevant organizations and city agencies, and members of the disability community to ensure that accessible electric scooter options are available for use by people with disabilities as part of the pilot program.

   c.   Duration of pilot program. The shared electric scooter pilot program described in subdivision b of this section shall exist for a duration of no less than one year and no more than two years, unless the department of transportation terminates or suspends the program on an earlier date; provided, however, the department shall notify the speaker of the council in writing of such termination or suspension within seven days of taking such action and the reasons for such action.

   d.   No shared electric scooter organization shall operate any electric scooter in the city without the prior written approval of the department of transportation. If any shared electric scooter is parked or operated on a public street without such approval, it may be impounded and shall not be released until any and all removal charges and storage fees have been paid or a bond has been posted in an amount satisfactory to the commissioner of the agency that impounded such electric scooter. Such agency shall notify the owner of such impounded electric scooter, if known, of such impoundment and the method for claiming the electric scooter. Any such electric scooter not claimed may be disposed of in accordance with applicable law relating to the disposal of abandoned property.

   e.   Report. Prior to the completion of such pilot, the department of transportation shall submit a report to the speaker of the council regarding the progress of the pilot program. Such report shall include, but need not be limited to, a determination as to whether the department recommends the implementation of a permanent shared electric scooter program, along with any recommendations as to changes in the laws, rules, regulations and policies governing the use of such electric scooters, where appropriate.

§ 2. This local law takes effect immediately.

L.L. 2020/075

Enactment date: 7/26/2020  

Int. No. 1950-A

By Council Members Cumbo, Dromm, Salamanca, Rivera, Kallos, Moya, Van Bramer, Chin, Adams, Rose, Menchaca, Lancman, Cohen, Rosenthal, Ampry-Samuel, Ayala, Brannan, Perkins, Gibson, Louis, Vallone and Barron

A Local Law in relation to the establishment of a task force to recommend policies and protocols relating to the safe reopening and operation of city agencies in response to the COVID-19 pandemic

Be it enacted by the Council as follows:

Section 1. Definitions. For the purposes of this local law, the following terms have the following meanings:

   Agency. The term "agency" means: (i) any agency as such term is defined in section 1150 of the New York city charter, the head of which is appointed by the mayor; (ii) any agency as such term is defined in section 1150 of the New York city charter headed by a board, commission or other multi-member body, where a majority of such body's members are appointed by the mayor; and (iii) the office of the mayor.

   City. The term "city" means the city of New York.

   COVID-19. The term "COVID-19" means the 2019 novel coronavirus or 2019-nCoV.

   Task force. The term "task force" means the task force established pursuant to section two of this local law.

§ 2. The mayor shall establish a task force to oversee the implementation of this local law and to facilitate the safe reopening of agency offices and resumption of agency functions in response to COVID-19. The mayor shall appoint at least 5 and no more than 10 members of mayoral senior management staff or their designees to serve on such task force.

§ 3. Powers and duties. The task force established by the mayor shall:

   a.   No later than 30 days after being established, and in consultation with the department of health and mental hygiene and the department of citywide administrative services, recommend policies and protocols regarding the reopening of agency offices and resumption of agency functions to prevent the spread of COVID-19, including, but not limited to, policies and protocols with respect to the following:

      1.   For offices and any other facilities where persons may be present, the maximum occupancy, based on room size and other relevant criteria;

      2.   The types of and need for protective furnishings, and methods of use of such furnishings;

      3.   The types of sanitizing products needed, and methods of distribution, access and application;

      4.   The types of personal protective equipment needed, and methods of distribution, access and use;

      5.   The cleaning and sanitizing of surfaces and purification of air, including the frequency of such measures; and

      6.   Any other relevant matters, including those related to accommodating persons at higher risk for developing serious health complications as a result of a COVID-19 infection.

   b.   No later than 30 days after being established, and in consultation with the department of health and mental hygiene and the department of citywide administrative services, determine the operations and functions that each agency shall address in each such agency's reopening plan required pursuant to section four of this local law. The task force shall consider the various operations, functions and circumstances of each agency when making such determinations. The task force shall make such determinations consistent with applicable federal, state and local laws, regulations, and relevant advisory guidelines related to the reopening of agency offices and resumption of agency functions, and to conform such plans to policies and protocols recommended pursuant to subdivision a of this section;

   c.   Provide information to each agency regarding relevant federal, state and local laws, regulations and advisory guidelines related to the reopening of agency offices and resumption of agency functions;

   d.   Review agency reopening plans and amendments to such plans submitted pursuant to section four of this local law and propose amendments to such plans to promote compliance with applicable federal, state and local laws and regulations related to the reopening of agency offices and resumption of agency functions; conformance to the policies and protocols recommended pursuant to subdivision a of this section; and adequate treatment of the functions and operations identified pursuant to subdivision b of this section;

   e.   No later than 90 days after the effective date of this local law, and every 90 days thereafter until this local law expires pursuant to section six of this local law, submit to the mayor and speaker of the council a report on agency compliance with section four of this local law; and

   f.   Routinely update, as necessary and practicable, the policies and protocols recommended pursuant to subdivision a of this section or received from appropriate public health agencies.

§ 4. Agency reopening plans. No later than 30 days after the task force produces the recommendations described in section three of this local law, each agency shall submit to the task force a plan for reopening and resuming functions. Any amendment made by an agency to its plan shall also be submitted to the task force as soon as reasonably practicable after such amendment is made. If any such plan does not conform to the task force's recommendations pursuant to subdivision a of section three of this local law, or address a specific operation or function identified pursuant to subdivision b of section three of this local law, an explanation shall be provided in such plan. Each agency shall publish its reopening plan on its website no later than 1 week after such plan is approved, and shall update and republish the plan within 1 week of making any amendment to such plan, provided that any information that could compromise either the security of such agency or the privacy of any employee of such agency if made public, may be redacted.

§ 5. Online access to recommendations, plans and reports. The task force shall, in conjunction with any agency submitting a reopening plan to the task force, make recommendations and reports generated pursuant to this local law available on the city's website no later than 1 week after making such recommendation or approving such report.

§ 6. Effective date. This local law takes effect immediately and shall expire upon the earlier of: (i) the date on which the state of emergency declared by the mayor's emergency executive order number 98, published March 12, 2020, as extended, has expired; or (ii) one year following the effective date of this local law.

L.L. 2020/076

Enactment date: 7/26/2020  

Int. No. 1952-A

By Council Members Gibson, Treyger, Lander, Brannan, Rosenthal, Kallos, Louis, Richards, Rose, Moya, Chin, Koo, Ampry-Samuel, Ayala, Adams, Menchaca, Yeger, Vallone and Barron

A Local Law to amend the administrative code of the city of New York, in relation to the creation of a database to track the expenditure of funds in connection with COVID-19, and to provide for the repeal thereof

Be it enacted by the Council as follows:

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 3. Section 6-144 of the administrative code of the city of New York, as added by section two of this local law, shall not require reporting on any contracts entered into prior to the effective date of this local law where the reporting requirements of this local law would require collecting information that is not available to the city, and cannot reasonably be obtained by the city.

§ 4. If any provision of section 6-144 of the administrative code of the city of New York, as added by section two of this local law, or the application thereof shall for any reason be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not effect, impair or invalidate the remainder of such section.

§ 5. Data maintained pursuant to section 6-144 of the administrative code of the city of New York, as added by section two of this local law, shall also be subject to chapter 5 of title 23 of such administrative code, where such chapter is otherwise applicable.

§ 6. This local law shall take effect 90 days after it becomes law, provided, however, that mayor may take such actions as are necessary for its implementation prior to such effective date, and provided further that sections two through five of this local law shall expire and be deemed repealed 5 years after it becomes law.

L.L. 2020/077

Enactment date: 7/26/2020  

Int. No. 1957-A

By Council Members Reynoso, Gjonaj, Rivera, Cumbo, Powers, Van Bramer, Lander, Ayala, Richards, Salamanca, Kallos, the Speaker (Council Member Johnson), Constantinides, Holden, Vallone, Brannan, Dromm, Koslowitz, Moya, Levine, Rosenthal, Barron and Ampry-Samuel

A Local Law in relation to temporary space for outdoor dining

Be it enacted by the Council as follows:

Section 1. Temporary space for outdoor dining.

   a.   Definitions. For the purposes of this section, the following terms have the following meanings:

      Food service establishment. The term "food service establishment" has the same meaning as set forth in subdivision s of section 81.03 of the health code of the city of New York.

      Food vendor. The term "food vendor" has the same meaning as in section 17-306 of the administrative code of the city of New York.

      Open space. The term "open space" means any location of roadway seating or sidewalk seating, or any other public outdoor location, including but not limited to a sidewalk, pedestrian plaza, roadway, or public parking lot, that may be used by a food service establishment for temporary outdoor dining and that has been approved for such use by the department of transportation.

      Pedestrian plaza. The term "pedestrian plaza" has the same meaning as set forth in section 19-157 of the administrative code of the city of New York.

      Roadway seating. The term "roadway seating" means seating located in the roadway adjacent to the curb in front of the business frontage of a food service establishment in accordance with guidelines established by the department of transportation.

      Sidewalk seating. The term "sidewalk seating" means seating located outside the business frontage of a food service establishment in accordance with guidelines established by the department of transportation.

      Temporary outdoor dining area. The term "temporary outdoor dining area" means a portion of any food service establishment operated under permit from the department of health and mental hygiene that is located in an open space.

   b.   Open restaurants program.

      1.   The city shall establish an open restaurants program pursuant to which a food service establishment may operate a temporary outdoor dining area.

      2.   A food service establishment shall be permitted to operate roadway seating or sidewalk seating after the completion of an online self-certification application, which shall be in a form and manner as determined by the department of transportation. The department of transportation may establish a process to allow for the use of other types of open space as temporary outdoor dining areas.

      3.   There shall be no fee for participation in such program.

   c.   Vendors. Notwithstanding section 17-315 of the administrative code of the city of the New York, as part of such program, the department of transportation, in consultation with the department of health and mental hygiene and any other agency as designated by the mayor, may designate a sidewalk, pedestrian plaza, roadway, or public parking lot as an area in which a food vendor may vend, provided that such vendor adheres to any guidelines issued by the department of health and mental hygiene.

   d.   Compliance with other laws. Nothing in this local law shall relieve a food service establishment from their obligation to adhere to all emergency executive orders issued pursuant to section 24 or 29-a of the executive law, and to all local, state, and federal requirements relating to health and safety, except as modified by any such emergency executive order or this local law. Any food service establishment participating in the open restaurants program shall adhere to all applicable guidance issued by the department of transportation, the department of health and mental hygiene, the New York state department of health, and the New York state liquor authority.

   e.   Validity of a self-certification. A self-certification submitted pursuant to the outdoor restaurants program shall remain valid until terminated or suspended by the department of transportation. The department may terminate or suspend a self-certification for non-compliance with the requirements of such program or as necessary to protect health or safety.

   f.   Expiration. The outdoor restaurants program shall remain in effect until September 8, 2020 or until such later date as the department of transportation shall determine; provided however that such program shall not remain in effect after December 31, 2020. The department of transportation shall provide the speaker of the council notice five days prior to the termination of such the program.

§ 2. This local law takes effect immediately.