§ 50-07 Agency Determination of Prevailing Wage Exemption.
RCNY § 50-07
1.An Applicant who requests a determination of exemption from the Prevailing Wage Requirement pursuant to the 421-a Act, the New 421-a Act, the Extended Affordability Act, the ANNY Act, or the AHCC Act, as applicable, must submit all of the documentation necessary to prove that: (a) with respect to a multiple dwelling that is not receiving AHCC Program Benefits, ANNY Program Benefits, or benefits pursuant to subdivisions sixteen or seventeen of Real Property Tax Law Section 421-a, at least fifty percent of the dwelling units in such Applicant's building are 125% Units, including, but not limited to, (i) with respect to a multiple dwelling owned and operated as a rental, the initial rents for such 125% Units, the income certifications for the initial occupants of such 125% Units, and proof that the building is required to maintain such 125% Units during the entire period of Post-Construction Benefits, and, (ii) with respect to 125% Units in a multiple dwelling owned and operated as a condominium or cooperative development by individual condominium unit owners or shareholders, the initial unit sale prices and the income certifications for all of the initial purchasers of such 125% Units; (b) with respect to an Eligible Multiple Dwelling that is receiving benefits, pursuant to subdivision sixteen of section 421-a of the Real Property Tax Law, all of the dwelling units in such Eligible Multiple Dwelling are Affordable Housing Units, and at least fifty percent of the Affordable Housing Units, upon initial rental and upon each subsequent rental after a vacancy during the Restriction Period or the Extended Restriction Period, are 125% Units, including, but not limited to, the initial rents for such Affordable Housing Units and 125% Units, the income certifications for the initial occupants of such Affordable Housing Units and 125% Units, and proof that the Eligible Multiple Dwelling is required to maintain such Affordable Housing Units and 125% Units during the entire Restriction Period or Extended Restriction Period, as applicable; (c) with respect to an Extended Affordability Property that is receiving benefits, pursuant to subdivision seventeen of section 421-a of the Real Property Tax Law, all of the dwelling units in such Extended Affordability Property are Affordable Housing Units, and at least fifty percent of the Affordable Housing Units, upon initial rental and upon each subsequent rental after a vacancy during the Extended Affordability Period, are 125% Units, including, but not limited to, the initial rents for such Affordable Housing Units and 125% Units, the income certifications for the initial occupants of such Affordable Housing Units and 125% Units, and proof that the Extended Affordability Property is required to maintain such Affordable Housing Units and 125% Units during the entire Extended Affordability Period; (d) with respect to an Eligible Multiple Dwelling that is receiving AHCC Program Benefits, the Eligible Conversion is carried out with the substantial assistance of grants, loans or subsidies provided by a federal, state or local governmental agency or instrumentality pursuant to a program for the development of affordable housing; or (e) with respect to an Eligible Site that is receiving ANNY Program Benefits, all of the dwelling units in an Eligible Multiple Dwelling are Affordable Housing Units and at least fifty percent of such Affordable Housing Units, upon initial rental and upon each subsequent rental after a vacancy, are 90% Units, including, but not limited to, the initial rents for such Affordable Housing Units and 90% Units, the income certifications for the initial occupants of such Affordable Housing Units and 90% Units, and proof that the Eligible Multiple Dwelling is required to maintain such Affordable Housing Units and 90% Units during the Restriction Period.
2.An Agency determination of ineligibility for an exemption from the Prevailing Wage Requirement is deemed a final determination when the Agency issues either an Order or a Benefits Ineligibility Letter, after which the only review available to the Applicant is, pursuant to Article 78 of the Civil Practice Law and Rules. (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 3/3/2025, eff. 4/2/2025)
