Required Affidavit for Qualified Property.
19 RCNY § 50-10
in effect§ 50-10. Required Affidavit for Qualified Property.
(a) Required affidavit.
(1) With respect to any application for an abatement, other than (i) an abatement for a designated property with an average unit assessed value of less than or equal to $60,000; or (ii) a designated property with an average unit assessed value of more than $60,000 and less than or equal to $100,000, and less than 30 dwelling units; an officer or authorized agent of the designated property must submit an affidavit certifying that all building service employees employed or to be employed at the designated property shall receive the applicable prevailing wage for the duration of such abatement. The requirement to submit such affidavit applies regardless of whether the designated property employs or will employ any building service employees.
(2) Such affidavit must be submitted to the Department as part of an application or renewal application for an abatement for fiscal year 2022/23 and all subsequent fiscal years, in a form and manner, including an electronic form or through a web-based application, as required by the Commissioner, on or before the due date for submission of the application for an abatement for such fiscal year as provided in subdivision (b-1) of 19 RCNY § 50-05.
(3) The Department may accept an affidavit after the due date set forth in paragraph (2) of this subdivision, provided (i) a timely application for abatement for the designated property that is otherwise complete has been submitted and (ii) the board or the authorized agent has satisfied such other conditions as the Commissioner in his or her discretion may establish.
(b) Failure to submit affidavit. If the affidavit required under subdivision (a) of this section is not submitted or is not submitted in a form and manner required by the Commissioner, the designated property with respect to which such affidavit is required shall not constitute a qualified property.
(c) Prevailing wage.
(1) The applicable prevailing wage and supplement rates for a building service employee are set forth in the building service employee schedule.
(2) The obligation to pay prevailing supplemental benefits may be discharged either by the provision of:
(A) bona fide fringe benefits that cost no less than the prevailing supplement rate in the applicable building service employee 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 such prevailing supplement rate. The provision of a dwelling unit free of a 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.
(3) Notwithstanding any provision of paragraph (2) of this subdivision, the obligation to pay prevailing wage cannot be reduced or discharged through the provision of bona fide fringe benefits that cost more than the prevailing supplement rate in the building service employee schedule.
(d) The obligation to pay prevailing wage applies to any building service employee who performs building services at a designated property regardless of whether the owner of such designated property employs such employee.
(Added City Record 4/27/2022, eff. 5/27/2022)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-133284Fetched: 10/24/2026