N.Y. ACA Law § 20.03 — New York Code / Act ACA / Title E / Article 20 / Section 20.03
General definitions
Status: in_force

§ 20.03. General definitions. As used or referred to in this article\nand in any special law creating a trust for cultural resources, except\nas otherwise provided in such law, the following terms shall have the\nfollowing meanings:\n  1. "Board" or "board of trustees" shall mean the board of trustees of\na trust for cultural resources.\n  2. "Bonds and notes" shall mean the bonds and notes issued by a trust\nfor cultural resources.\n  3. "Combined-use facility" shall mean any structure or improvement and\nany adjoining structures or improvements that are or are to be designed\nto be and upon completion are used or occupied in part by a\nparticipating cultural institution and in part by other persons who\nshall pay tax equivalency payments to the trust pursuant to section\n20.13 of this article, any real property used or to be used in\nconnection therewith, and any and all recreational, educational,\ncultural, office, living, rehearsal, parking, restaurant, retail,\nstorage and other facilities necessary or desirable in connection with\nthe activities of the participating cultural institution or such other\nperson.\n  4. "Convey" shall mean to convey, grant, sell, license, lease,\nsublease, assign, transfer, or otherwise dispose of real property, and\nthe term "conveyance" shall mean and include the equivalent noun form of\neach such verb included within the meaning of the verb "to convey." The\nterms "to convey" or "conveyance" shall not include the creation of a\nmortgage or other lien on real property unless such mortgage or lien has\nbeen foreclosed or the mortgagee or lienholder of such mortgage or lien\nhas taken possession of such real property.\n  5. "Cultural facility" shall mean any structure, improvement,\nfurnishing, equipment or other real or personal property that is or is\nto be used, owned, or occupied in whole or in part by a participating\ncultural institution, including but not limited to museums, performing\narts centers, public television and radio stations, theaters,\nauditoriums, libraries, exhibition, performance and rehearsal space,\ngalleries, artists' and dancers' studios, recording studios, and any and\nall recreational, educational, cultural, office, living, rehearsal,\nparking, restaurant, retail, storage and other facilities necessary or\ndesirable in connection with the activities of the participating\ncultural institution.\n  6. "Develop" shall mean to design, construct, acquire, reconstruct,\nrehabilitate, expand, modernize, repair or otherwise improve real\nproperty for use or conveyance, and the term "development" shall mean\nand include the equivalent noun form of each such verb included within\nthe meaning of the verb "to develop."\n  7. "Developer" shall mean any person approved by a trust as being\nqualified and eligible to enter into an agreement with a trust for the\ndevelopment of a combined-use facility or any part or portion thereof or\na cultural facility or any part or portion thereof.\n  8. "Exempt real property" shall mean real property exempt from real\nproperty taxation pursuant to section four hundred twenty-a or four\nhundred twenty-b of the real property tax law.\n  9. "Governing body" shall mean the board or body in which the general\nlegislative powers of a municipality or county are vested.\n  10. "Governor" shall mean the governor of the state.\n  11. "Institutional portion" shall mean the part or portion of a\ncombined-use facility that prior to completion is designed to be and\nupon completion is used or occupied by a participating cultural\ninstitution. The institutional portion shall include the real property\nused or to be used in connection therewith; any and all recreational,\neducational, cultural, office, living, rehearsal, parking, restaurant,\nretail, storage and other facilities necessary or desirable in\nconnection with the activities of the participating cultural\ninstitution; and any interest in a combined-use facility which prior to\ncompletion is designed to be and upon completion is owned by, or\nconveyed to, a participating cultural institution jointly or in common\nwith a trust, a developer, or an owner, to the extent of the interest of\nsuch participating cultural institution.\n  12. "Mayor" shall mean the mayor or highest elected official of a\nmunicipality.\n  13. "Municipality" shall mean any city in the state having a\npopulation of one million or more people.\n  14. "County" shall mean any county in the state except a county\nlocated wholly within a city.\n  15. "Non-institutional portion" shall mean the part or portion of a\ncombined-use facility other than the institutional portion. If the\nnon-institutional portion, or any part thereof, consists of a\ncondominium, the consent of the trust which has developed or approved\nthe developer of such condominium shall be required prior to any\namendment of the declaration of such condominium pursuant to subdivision\nnine of section three hundred thirty-nine-n of the real property law and\nprior to any amendment of the by-laws of such condominium pursuant to\nparagraph (j) of subdivision one of section three hundred thirty-nine-v\nof the real property law, and whether or not such trust is a unit owner\nof such condominium, it may exercise the rights of the board of managers\nand an aggrieved unit owner under section three hundred thirty-nine-j of\nthe real property law in the case of a failure of any unit owner of such\ncondominium to comply with the by-laws of such condominium and with the\nrules, regulations, and decisions adopted pursuant thereto.\n  16. "Owner" shall mean any person, other than a trust for cultural\nresources, to whom any real property, consisting of all or any part of\nthe non-institutional portion of a combined-use facility, or in or on\nwhich all or any part of such portion prior to completion is designed to\nbe and upon completion is developed, is conveyed.\n  17. "Participating cultural institution" shall mean a person de-\nscribed in the special law creating a trust.\n  18. "Not-for-profit cultural organization" shall mean a not-for-profit\ncorporation described in the special law creating a trust in any county\nand which is able to demonstrate any one of the following three proofs\nof not-for-profit status: acceptance of non-profit status by the U. S.\ntreasury department under section 501 (c) (3) of the U. S. internal\nrevenue code; filing with the board of regents of the state of New York\npursuant to section two hundred sixteen of the education law; or filing\nwith the secretary of state under the registration of charitable\norganizations, pursuant to section one hundred seventy-two of the\nexecutive law; provided that such organization shall have been\nincorporated or shall have made the appropriate filing at least five\nyears prior to the date on which the trust approves a loan for such\norganization.\n  19. "Person" shall mean an individual, a partnership, an association,\na joint stock company, an unincorporated organization, a trust (as\ndistinguished from a trust for cultural resources), a corporation,\nincluding any public corporation, any corporation formed other than for\nprofit and any corporation formed for profit, all as classified and\ndefined respectively in sections sixty-five and sixty-six of the general\nconstruction law, or a government or political subdivision or agency\nthereof.\n  20. "Real property" shall mean any land, water, structures, buildings,\nimprovements or any rights or interest therein, including without\nlimitation air, space or development rights, interests in such property\nless than full title, such as permanent or temporary easements,\nrights-of-way, franchises, uses, leaseholds, licenses, and all other\nincorporeal hereditaments in every legal or equitable estate, interest\nor right, and any and all other things and rights usually included\nwithin the term "real property".\n  21. "Special law" shall mean an act of the legislature creating a\ntrust for cultural resources pursuant to this article.\n  22. "State" shall mean the state of New York.\n  23. "Tax-equivalency payments" shall mean the payments required to be\nmade pursuant to subdivision three of section 20.13 of this article.\n  24. "Trust for cultural resources" or "trust" shall mean a public\nbenefit corporation created by special law.\n  25. "Trustee" shall mean a member of the board of trustees of a trust\nfor cultural resources.\n