§ 7. This act shall take effect immediately and shall remain in full force and effect until the thirty-first day of July, nineteen hundred [eighty-five] eighty-six. 2. This act shall take effect immediately. CHAPTER 327 AN ACT to amend the civil practice law and rules, in relation to making a technical correction with respect to designation of corporate depo nents Became a law July 11, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision (d) of rule three thousand one hundred six of the civil practice law and rules, as added by chapter two hundred ninety-four of the laws of nineteen hundred eighty-four, is amended to read as follows: (d) Designation of deponent. A party desiring to take the deposition of a particular officer, director, member or employee of a person shall include in the [notices of] notice or subpoena served upon such person the identity, description or title of such individual. Such person shall produce the individual so designated unless they shall have, no later than ten days prior to the scheduled deposition, notified the requesting party that another individual would instead be produced and the identity, description or title of such individual is specified. If timely notification has been so given, such other individual shall instead be produced. § 2. This act shall take effect immediately. CHAPTER 328 AN ACT to amend the private housing finance law and the real property Became a law July 11, 1985, with the approval of the Governor. owner The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section forty-five-a of the private housing finance law is amended by adding two new subdivisions three-a and nine to read as follows: 3-a. The chairman of the agency may appoint an officer or employee of the agency to represent him at all meetings of the corporation from which he may be absent. Any such representative so designated shall have the power to attend and to vote at any meeting of the corporation from which the chairman of the agency is absent with the same force and effect as if the chairman of the agency were present and voting. Such designation shall be by written notice filed with the chairperson of the corporation. The designation of such person shall continue until revoked at any time by written notice to such chairperson. Such designation shall not be deemed to limit the power of the chairman of the agency to attend and vote at any meeting of the corporation. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law pursuant to 9. Notwithstanding the provisions of article one-A of the public authorities law, contracts entered into by the corporation article eighteen of this chapter shall not be subject to the provisions of article one-A of the public authorities law. § 2. Section forty-five-b of such law is amended by adding two new subdivisions three-a and nine to read as follows: 3-8. The commissioner of housing and community renewal, the director of the budget and the commissioner of taxation and finance each may appoint a person from their respective division or department to represent such member, respectively, at all meetings of the corporation from which such member may be absent. Any such representative so designated shall have the power to attend and to vote at any meeting of the corporation from which the member so designating him as a representative is absent with the same force and effect as if the member designating him were present and voting. Such designation shall be by written notice filed with the chairman of the corporation by each of the said members. The designation of such persons shall continue until revoked at any time by written notice to the chairman by the respective member making the designation. Such designation shall not be deemed to limit the power of the appointing member to attend and vote at any meeting of the corporation. 9. Notwithstanding the provisions of article one-A of the public authorities law, contracts entered into by the corporation pursuant to article nineteen of this chapter shall not be subject to the provisions of article one-A of the public authorities law. § 3. Section eleven hundred of such law, as added by chapter sixtyseven of the laws of nineteen hundred eighty-five, is amended to read as follows: preserva $1100. Statement of legislative findings and purpose. The legislature hereby finds and declares that there is a serious shortage of decent affordable housing in the state for persons of low income; that the cost of providing such housing without public participation and assistance is prohibitively high; that there exists throughout the state a significant number of dwellings which are deteriorated and are vacant or underutilized; that the existence of such properties creates a serious threat to the health and safety of persons who live in or near them, limits the availability of decent affordable housing to others, contributes to the blight and deterioration of neighborhoods, and drains municipal resources and expenditures; that the rehabilitation of these properties would stem the deterioration of neighborhoods and promote the tion and creation of safe and sanitary low income housing; that the potential exists to make such housing available to persons of low income through projects carried out by eligible applicants to rehabilitate these dwelling accommodations, bring these accommodations into compliance with all applicable laws and regulations and remove all hazardous and immediately hazardous code conditions; that the carrying out of such projects serves a significant public purpose and may appropriately be performed by eligible applicants; that payment for such services, tax exemptions and other public participation in such projects would bring down the cost of such housing and make it affordable to persons of income; and that it is the policy of the state to preserve and create such housing and to provide for the aid, care, and support of the needy. The legislature therefore finds that a program should be established to provide monies for the rehabilitation of these properties by eligible applicants to promote the preservation and creation of affordable housing for persons of low income. low It is intended that any payments, grants or loans provided to municipalities through this program not substitute for funds which such municipalities would have spent in the absence of this program and that such payments, grants and loans will enable such municipalities to expand their commitment to increase the supply of affordable low income housing to levels greater than would have been possible without this program. § 4. Subdivision ten of section eleven hundred one of such law, as added by chapter sixty-seven of the laws of nineteen hundred eightyfive, is amended to read as follows: 10. "Persons of low income" shall mean those persons and families whose incomes do not exceed eighty percent of the median income for the metropolitan statistical area in which a project is located or, if a project is located outside such an area, those persons and families whose incomes do not exceed eighty percent of the median income for the county in which a project is located; provided however that in the case of an owner occupant of a homesteading project, "persons of low income" shall also mean those persons and families whose incomes do not exceed eighty percent of the median income for the state. eight. Subdivision eight of section eleven hundred two of such law, as added by chapter sixty-seven of the laws of nineteen hundred eightyfive, is amended to read as follows: 8. [Preference] Within each of the three categories of projects (cooperative or condominium, rental rehabilitation, or homesteading), preference in the awarding of contracts shall be given to economically feasible projects which contain a substantial number of persons of low income whose income does not exceed fifty percent of the median income for the metropolitan statistical area in which the project is located, or if the project is located outside such an area, to projects which contain a substantial number of persons of low income whose incomes do not exceed fifty percent of the median income for the county in which the project is located. § 6. Section eleven hundred ten of such law, as added by chapter sixty-seven of the laws of nineteen hundred eighty-five, is amended to read as follows: § 1110. Statement of legislative findings and purpose. The legislature hereby finds and declares that home ownership by persons of low and moderate income has long been, and still is, an essential element of the state's social economy, resulting in the development, stabilization and preservation of neighborhoods and communities. The legislature further finds that persons of low and moderate income require assistance to enable them to supplement their own resources and the ability of the private sector to make the availability of private home ownership a reality. By providing home ownership assistance the state may narrow the gap between the resources of the individual and the high cost of home ownership and by requiring leveraging may cause investment of other public and private funds. The appeal of private home ownership has been demonstrated to be a strong incentive to families to move into areas which otherwise may be in danger of becoming blighted through neglect and the lack of investment. Pride in ownership will halt deterioration and offer the prospect of turnaround. The legislature further finds that adequate private resources are often not available to persons with modest incomes to acquire, rehabilitate or construct their homes and that the preservation of and development of existing private homes can often prevent an area from becoming a slum or a blighted area. In addition, stimulation of the level of activity in construction of new affordable homes will provide needed jobs and stability for communities. The legislature therefore finds that a program should be established to provide monies to make the construction, rehabilitation and improvement of homes for low and moderate income persons more affordable. It is intended that any monies provided to municipalities through this program not substitute for monies which such municipalities would have spent in the absence of this program and that such monies will enable such municipalities to expand their commitment to increase the supply and condition of low and moderate income owner occupied housing to levels greater than would have been possible without this program. § 7. Subdivision one of section eleven hundred twelve of such law, as added by chapter sixty-seven of the laws of nineteen hundred eightyfive, is amended to read as follows: 1. Within the limit of funds available in the affordable housing development account, the corporation is hereby authorized to enter into contracts with eligible applicants to provide grants which such applicants shall use to finance affordable home ownership development programs subject to the terms and conditions of this article. Any grants received by a municipality hereunder shall not be deemed to be municipal funds. Grantees shall utilize funds provided pursuant to this article solely as payments, grants and loans to owners to reduce the costs of the new construction or the rehabilitation or improvement of homes. Such financial assistance may be in the form of loans, participation in loans including but not limited to participation in loans originated or financed by lending institutions as defined in section forty-two of this chapter, private or public employee pension funds or the state of New York mortgage agency, or grants, on such terms and conditions as the grantee with the approval of the corporation shall determine, provided that no such payments, grants and loans shall exceed the lesser of fifteen thousand dollars per dwelling unit or forty percent of the project EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law cost. No more than fifty percent of the total amount appropriated pursuant to this article in any fiscal year shall be allocated to homes located within any single municipality. § 8. Section four hundred twenty-one-e of the real property tax law, as added by chapter sixty-seven of the laws of nineteen hundred eightyfive, is amended to read as follows: § 421-e. Exemption of cooperative or condominium, homesteading and rental rehabilitation projects from local taxation. The local legislative body of any city, town or village is hereby authorized and empowered to adopt and amend a local law to provide that any cooperative or condominium or homesteading or rental rehabilitation project which receives payments, grants or loans pursuant to article eighteen of the private housing finance law or any new construction project which receives payments, grants or loans pursuant to article nineteen of the private housing finance law shall be exempt from taxation as provided in such local law. Such local law may provide that such eligible property shall be exempt from all or any portion of the taxes imposed by a municipality, including those imposed by a school district, other than assessments for local improvements for [so long as the cooperative or condominium, homesteading or rental rehabilitation project is subject to the provisions of article eighteen of the private housing finance law but in no case] a period not to exceed twenty years in the aggregate after the taxable status date immediately following the completion thereof, calculated not to exceed the following exemptions: twelve years of full exemption followed by two years of exemption from eighty percent of such taxation, followed by two years of exemption from sixty percent of such taxation, followed by two years of exemption from forty percent of such taxation, followed by two years of exemption from twenty percent of such taxation; provided that the tax exemption authorized by this section shall be in addition to any other tax exemption or abatement authorized by law. § 9. This act shall take effect immediately. CHAPTER 329 AN ACT to amend the social services law, in relation to additional state payments for eligible aged, blind or disabled persons and making an appropriation therefor Became a law July 16, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision two of section two hundred nine of the social services law is amended by adding two new paragraphs (i) and (j) to read as follows: (i) On and after January first, nineteen hundred eighty-six, the amounts set forth in paragraph (a) of this subdivision, as increased by paragraph (8) of this subdivision, shall be further increased by $11.00 for individuals and $16.50 for couples. (j) On and after January first, nineteen hundred eighty-six, the amounts set forth in paragraph (b) of this subdivision, as increased by paragraph (8) of this subdivision, shall be further increased by $9.00 for individuals and $13.50 for couples. § 2. The sum of nine million five hundred twenty thousand dollars ($9,520,000), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury in the general fund to the credit of the local assistance account, not otherwise appropriated, and made immediately available to the commissioner of social services for expenses in carrying out the provisions of this act. Nine million two hundred seventy thousand dollars ($9,270,000) of such amount shall be made available for expenditure for the income maintenance program pursuant to section one of this act and two hundred fifty thousand dol; lars ($250,000) shall be made available for expenditure for the medical assistance program pursuant to section one of this act. § 3. This act shall take effect immediately. CHAPTER 330 (See SPECIAL NOTE at end of Chapter.) AN ACT to amend the tax law, in relation to the exemption of residents from the additional tax authorized to be imposed by any city having a population of one million or more upon receipts for parking, garaging or storing motor vehicles in any county within such city having a population density in excess of fifty thousand persons per square mile, and the administrative code of the city of New York, in relation to exemptions applicable for purposes of the additional tax imposed by such city Became a law July 16, 1985, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision (a) of section twelve hundred twelve-A of the tax law, as amended by chapter four hundred sixteen of the laws of nineteen hundred seventy-one, is amended to read as follows: per (a) (1) Any city in this state having a population of one million or more, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in any such city, taxes not to exceed six per centum, in multiples of one-half of one centum, on receipts from every sale of the service of providing parking, garaging or storing for motor vehicles by persons operating a garage (other than a garage which is part of premises occupied solely as a private one or two family dwelling), parking lot or other place of business engaged in providing parking, garaging or storing for motor vehicles. However, any such city is hereby authorized and empowered to adopt and amend local laws imposing in any county within such city with a population density in excess of fifty thousand persons per square mile, an additional tax, at the rate of eight per centum, on receipts from every sale of such services, except receipts from the sale of such services to an individual resident of such county when such services are rendered on a monthly or longer-term basis at the principal location for the parking, garaging or storing of a motor vehicle owned by such individual resident. The population of a county shall be determined by reference to the latest federal census. All provisions set forth in article twenty-eight of this chapter applicable to the taxes imposed under section eleven hundred five, including the definition and exemption provisions of such article, shall apply in respect to a tax imposed under this section, except as to rate and except as otherwise provided herein. The transitional provisions contained in section eleven hundred six shall apply to a tax imposed under this section in the same manner and to the same extent as applicable to taxes imposed under paragraph (4) of subdivision (c) of section eleven hundred five. (2) For purposes of the additional tax authorized by paragraph one of this subdivision, the following terms shall mean: (i) "Individual resident." A natural person who maintains in the county in which such tax is authorized to be imposed a permanent place of abode which is such person's primary residence. (ii) "Motor vehicle." A motor vehicle which is registered pursuant to the vehicle and traffic law at the address of the primary residence referred to in subparagraph (i) of this paragraph, and which is not used in carrying on any trade, business or commercial activity. it (3) Notwithstanding any other provision of law to the contrary, for purposes of implementing the exemption of individual residents from the additional tax authorized by paragraph one of this subdivision, the state tax commission shall, subject to such terms and conditions as may consider necessary, delegate to the commissioner of finance of any city imposing such tax the power and authority to develop and administer reasonable and necessary procedures, including the use of exemption certificates for presentation to vendors, for determining entitlement to exemption from such tax, and to prescribe, subject to the approval of EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law |