As used in this chapter, the following terms shall have the following meanings. Capitalized terms that are not specifically defined in this chapter shall have the meanings set forth in the Act (with respect to properties receiving benefits, pursuant to such act), the New 421-a Act (with respect to properties receiving benefits, pursuant to such act), the Extended Affordability Act (with respect to properties receiving benefits, pursuant to such act), or the Minimum Average Hourly Wage Act, as relevant.
125% Limit. "125% Limit" shall mean, with respect to any unit, that the income of the household renting or purchasing such unit does not exceed one hundred twenty-five percent of the area median income, adjusted for family size, at the time that such household initially occupies such unit, and that either (a) for a multiple dwelling owned and operated as a rental, the rent at the time of initial rental and upon each subsequent rental following a vacancy does not exceed thirty percent of one hundred twenty-five percent of the area median income, adjusted for family size, minus the amount of any applicable Utility Allowance, or (b) for a multiple dwelling owned and operated as a condominium or cooperative development by individual condominium unit owners or shareholders, the sales price at the time of initial sale results in mortgage payments (including both interest and principal calculated at the Mortgage Rate and assuming the mortgage constitutes 90% of the purchase price) and common charges or carrying charges, respectively, that, collectively, do not exceed thirty percent of one hundred twenty-five percent of the area median income, adjusted for family size.
125% Unit. "125% Unit" shall mean (a) if a multiple dwelling is owned and operated as a rental, a unit that complies with the 125% Limit upon initial rental and upon each subsequent rental following a vacancy, or (b) if the multiple dwelling is owned and operated as a condominium or cooperative development by individual condominium unit owners or shareholders, a unit that complies with the 125% Limit upon the initial sale of such unit.
Act. "Act" shall mean subdivision 8 of Section 421-a of the Real Property Tax Law.
Agency. "Agency" shall mean the department of housing preservation and development.
Applicant. "Applicant" shall mean an applicant for Benefits and any successor to such applicant, including, but not limited to, any Owner, or any employer of Building Service Employees for such applicant, successor or Owner, including, but not limited to, a property management company or contractor.
Apprenticeship Program. "Apprenticeship Program" shall mean an apprenticeship program registered with the New York State Department of Labor in conformity with the provisions of Article 23 of the Labor Law.
Benefits. "Benefits" shall mean real property tax exemption benefits pursuant to Section 421-a of the Real Property Tax Law.
Benefits Ineligibility Letter. "Benefits Ineligibility Letter" shall mean the letter that the Agency issues to the Applicant indicating that such Applicant is ineligible for any real property tax exemption benefits, pursuant to the Act, the new 421-a Act, or the Extended Affordability Act, as applicable.
Comptroller. "Comptroller" shall mean the comptroller of the city of New York or his or her designee.
Comptroller Schedule. "Comptroller Schedule" shall mean the annual Building Service Employee Prevailing Wage Schedule published by the Comptroller that is in effect at the time the relevant Building Service Employee performs the work and that is published at www.comptroller.nyc.gov/wages.
Construction Benefits. "Construction Benefits" shall mean Benefits for the period before issuance of either a permanent certificate of occupancy for the entire building or a temporary certificate of occupancy for all of the residential areas contained therein.
Extended Affordability Act. "Extended Affordability Act" shall mean paragraph (g) of Subdivision 17 of Section 421-a of the Real Property Tax Law.
Final Certificate of Eligibility. "Final Certificate of Eligibility" shall mean either (a) the document issued by the Agency in accordance with 28 RCNY Chapter 6 that provides for Post-Construction Benefits, (b) the document issued by the Agency in accordance with 28 RCNY Chapter 49 which provides the Extended Benefit; or (c) the document issued by the Agency in accordance with 28 RCNY Chapter 51 that provides for Affordable New York Housing Program Benefits.
Minimum Average Hourly Wage Act. "Minimum Average Hourly Wage Act" shall mean subdivision 16(c) of Section 421-a of the Real Property Tax Law.
Mortgage Rate. "Mortgage Rate" shall mean the single family mortgage rate for a thirty-year fixed rate loan established by the Federal Home Loan Mortgage Association and the Federal National Mortgage Association plus 150 basis points that is either (a) for purposes of the application for a Preliminary Certificate of Eligibility, quoted for the month in which the construction of such multiple dwelling commences, or (b) for purposes of the application for a Final Certificate of Eligibility, quoted for the month in which the first certificate of occupancy or temporary certificate of occupancy for the first unit in such multiple dwelling that is owned and operated as a condominium or cooperative development by individual condominium unit owners or shareholders, is issued.
New 421-a Act. "New 421-a Act" shall mean paragraph (h) of subdivision 16 of Section 421-a of the Real Property Tax Law.
Order. "Order" shall mean an order issued by the Agency, pursuant to paragraph (d) of the Act, subparagraph (iv) of the New 421-a Act or subparagraph (iv) of the Extended Affordability Act, respectively, that either (a) adopts, in whole or in part, or rejects a Report and Recommendation, or (b) approves any Stipulation of Settlement between the Comptroller and the Applicant.
Owner. "Owner" shall mean the fee owner of the real property receiving Benefits and any ground lessee, master lessee, sublessor or sublessee of such real property.
Preliminary Certificate of Eligibility. "Preliminary Certificate of Eligibility" shall mean the document issued by the Agency in accordance with 28 RCNY Chapter 6 that provides for Construction Benefits.
Post-Construction Benefits. "Post-Construction Benefits" shall mean Benefits for the period after issuance of either a permanent certificate of occupancy for the entire building or a temporary certificate of occupancy for all of the residential areas contained therein.
Prevailing Wage. "Prevailing Wage" shall mean the prevailing wage and supplement rates for the various classifications set forth in the Comptroller Schedule.
Prevailing Wage Requirement. "Prevailing Wage Requirement" shall mean the requirements under the Act, the New 421-a Act or the Extended Affordability Act, respectively, and this chapter that are applicable, with respect to the Act or the New 421-a Act, to any Multiple Dwelling whose construction began on or after December 28, 2007, and with respect to the Extended Affordability Act, to any Extended Affordability Property, except as otherwise provided in paragraph (e) of the Act, subparagraph (v) of the New 421-a Act, or subparagraph (v) of the Extended Affordability Act, as applicable, that all Building Service Employees receive the Prevailing Wage for the duration of the applicable Benefits period. Notwithstanding anything to the contrary contained herein or in the Act, the New 421-a Act or the Extended Affordability Act, such requirements shall only be applicable to persons who are employed at a building, eligible site or extended affordability property, as applicable, for at least a ninety day period.
Report and Recommendation. "Report and Recommendation" shall mean a report and recommendation issued by the Comptroller or the Comptroller's designee after a hearing is conducted regarding an alleged violation of the Prevailing Wage Requirement.
Stipulation of Settlement. "Stipulation of Settlement" shall mean a stipulation of settlement executed by the Comptroller and an Applicant regarding an alleged violation of the Prevailing Wage Requirement.
Utility Allowance. "Utility Allowance" shall mean an allowance set forth by the Agency for the payment of utilities where the tenant of a 125% Unit is required to pay all or a portion of the utility costs with respect to such unit in addition to any payments of rent.
(Added City Record 9/23/2016, eff. 10/23/2016; amended City Record 9/26/2017, eff. 10/26/2017; amended City Record 2/6/2018, eff. 3/8/2018; amended City Record 2/11/2019, eff. 3/13/2019; amended City Record 1/24/2020, eff. 2/23/2020)
The Prevailing Wage for purposes of an apprentice in a classification may only be the prevailing apprentice wage and supplement rate set forth in the Comptroller Schedule if such apprentice has been individually registered in an Apprenticeship Program prior to his or her employment as an apprentice on the applicable work.
(Added City Record 9/23/2016, eff. 10/23/2016)
The obligation to pay prevailing supplements may be discharged by either the provision of (a) bona fide fringe benefits that cost no less than the prevailing supplement rate in the Comptroller Schedule, (b) a supplement to the hourly wage in an amount no less than such prevailing supplement rate, or (c) a combination of bona fide fringe benefits and wage supplements that, collectively, costs no less than the prevailing supplement rate. The provision of a dwelling unit free of charge to a Building Service Employee shall be considered a bona fide fringe benefit with a cost of no more than the value of prevailing rentals in the locality for comparable dwelling units. Notwithstanding the foregoing, the obligation to pay prevailing wages cannot be reduced or discharged through the provision of bona fide fringe benefits that cost more than the prevailing supplement rate in the Comptroller Schedule.
(Added City Record 9/23/2016, eff. 10/23/2016)
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