dliu1/legal-llama-raw-text huggingface dataset:
application, an affidavit setting forth the following information:
(a) a statement that within the seven years immediately preceding  the
date  of  application  for  a  certificate  of  eligibility, neither the
applicant, nor any person owning a substantial interest in the  property
as  defined  in  paragraph  (c)  of  this  subdivision, nor any officer,
director or general partner of the applicant or such person was  finally
adjudicated  by  a  court  of  competent  jurisdiction  to have violated
section two hundred thirty-five of the real property law or any  section
of  article  one hundred fifty of the penal law or any similar arson law
of another state with respect  to  any  building,  or  was  an  officer,
director  or  general  partner  of  a person at the time such person was
finally adjudicated to have violated such law; and
(b) a statement setting forth any pending charges  alleging  violation
of  section  two  hundred  thirty-five  of  the real property law or any
section of article one hundred fifty of the penal  law  or  any  similar
arson  law  of  another jurisdiction with respect to any building by the
applicant or any person owning a substantial interest in the property as
defined in paragraph (c) of this subdivision, or any  officer,  director
or general partner of the applicant or such person.
(c)  Substantial  interest  as  used  in this subdivision shall mean
ownership and control of an interest of ten per  centum  or  more  in  a
property or any person owning a property.
6.  If any person described in the statement required by paragraph (b)
of subdivision five of this section is finally adjudicated by a court of
competent jurisdiction to  be  guilty  of  any  charge  listed  in  such
statement,  the  recipient  shall  cease  to  be  eligible  for benefits
pursuant to this title and shall pay with interest any taxes  for  which
an exemption, abatement or deferral was claimed pursuant to this title.
7.  In  addition  to  any  other  qualifications for exemption from or
abatement or deferral of payment of taxes set forth in  this  title,  an
applicant must be:
(a)  obligated  to  pay real property tax on the property for which an
exemption, abatement or deferral  is  sought,  whether  such  obligation
arises  because  of  record  ownership  of such property, or because the
obligation to pay such tax has been assumed by contract; or
(b)  the  record owner or lessee of property which is exempt from real
property taxation who has entered into an agreement  to  sell  or  lease
such  property  to  another  person. Such person shall be a co-applicant
with such owner or lessee.
8. A co-applicant with a public entity shall be an eligible  recipient
pursuant  to  this  title, provided that for such period as the property
which is the subject of the certificate of eligibility  is  exempt  from
real  property  taxation  because  it is owned or controlled by a public
entity no benefits shall be available to  such  recipient,  pursuant  to
this title. Such recipient shall receive benefits pursuant to this title
when such property ceases to be eligible for exemption pursuant to other
provisions  of law, as follows: the recipient shall, commencing with the
date such tax exemption ceases, and continuing until the  expiration  of
the benefit period pursuant to this title, receive the benefits to which
such  recipient  is  entitled  in the corresponding tax year pursuant to
9. (a)(i) No benefits pursuant to this  title  shall  be  granted  for
construction  of  a  new  building  or structure in the new construction
exemption area specified in paragraph (a) of subdivision six of  section
four  hundred  eighty-nine-cccc of this title unless (A) construction of
the foundation of such building or structure has been  completed  within
twelve  months  of  the effective date of the recipient's certificate of
eligibility, or by December thirty-first, nineteen hundred ninety-seven,
whichever is earlier; and (B) construction of such building or structure
has been completed within thirty-six months of the effective date of the
recipient's certificate of eligibility,  or  by  December  thirty-first,
nineteen hundred ninety-nine, whichever is earlier.
(ii)  No  benefits  pursuant  to  this  title  shall  be  granted  for
construction of a new building or  structure  in  the  new  construction
four hundred eighty-nine-cccc of this title unless: (A) construction  of
the  foundation  of such building or structure has been completed within
twenty-four months of the effective date of the recipient's  certificate
of  eligibility;  and (B) construction of such building or structure has
been completed within forty-two months of  the  effective  date  of  the
recipient's certificate of eligibility.
(iii)  Notwithstanding  subparagraph  (i)  of this paragraph, benefits
pursuant to this title may be granted for construction of a new building
or structure  in  the  new  construction  exemption  area  specified  in
paragraph   (a)   of   subdivision   six   of   section   four   hundred
eighty-nine-cccc of this title, provided that (A)  construction  of  the
foundation  of such building or structure has been completed by December
thirty-first, nineteen hundred ninety-eight; (B)  construction  of  such
building  or  structure has been completed by December thirty-first, two
thousand; (C) such building or structure is located in  the  portion  of
such  new  construction exemption area lying south of the center line of
34th  Street;  and  (D)  the  applicant  meets  all  other   eligibility
requirements  for  benefits  pursuant  to this title, including, but not
limited to, the requirement that an application  for  a  certificate  of
eligibility  for  construction  of  such new building or structure shall
have been made before January first, nineteen hundred ninety-seven.
(iv)  No  benefits  pursuant  to  this  title  shall  be  granted  for
exemption area specified in paragraph (c) of subdivision six of  section
twenty-four  months of the effective date of the recipient's certificate
of eligibility; and (B) construction of such building or  structure  has
been  completed  within  forty-two  months  of the effective date of the
(b)   No  benefits  pursuant  to  this  title  shall  be  granted  for
construction of a new  building  or  structure  in  a  new  construction
exemption  area unless such building or structure meets the requirements
set forth in subparagraphs (i)  and  (ii)  of  this  paragraph  and,  in
addition,  meets  at  least  two  of  the five requirements set forth in
subparagraphs (iii) through (vii) of this paragraph.
(i) The height of at least fifty per centum  of  the  floors  in  such
building  or  structure  shall be not less than twelve feet, nine inches
measured from the top of the slab comprising the floor to the bottom  of
the  slab comprising the ceiling, provided, however, that in the case of
a new building or structure that is eligible for  benefits  pursuant  to
subparagraph  (iii)  of paragraph (a) of this subdivision, the height of
at least forty per centum of the floors in such  building  or  structure
shall be not less than twelve feet, nine inches measured from the top of
the  slab  comprising the floor to the bottom of the slab comprising the
ceiling;
(ii) Such  building  or  structure  shall  be  served  by  fiber-optic
telecommunications  wiring  and  shall contain vertical penetrations for
the distribution of fiber optic cabling to individual  tenants  on  each
floor;
(iii)  The  total  square footage of such building or structure is not
less than five hundred thousand gross square feet;
(iv)  A  minimum  of  two  hundred  thousand  gross  square  feet   or
twenty-five  per  centum  of  such building or structure is comprised of
floors of not less than forty thousand gross square feet;
(v) At least ten per centum  of  the  gross  square  footage  of  such
building  or  structure is comprised of floors that contain no more than
eight structural columns, excluding any columns within the  core  or  on
the periphery of such building or structure;
(vi) The electrical capacity of such building or structure is not less
than six watts per net square foot;
(vii)  Emergency  backup power sufficient to accommodate a need of six
watts per net square foot is available in at least two hundred  thousand
gross  square  feet  or  twenty-five  per  centum  of  such  building or
10.  No  benefits  pursuant  to  this  title  shall  be  granted   for
construction  work  performed pursuant to a building permit issued after
July thirty-first, two thousand eight, except that if a building  permit
is  issued  on  or  before  July  thirty-first,  two  thousand eight for
construction work on a building or structure described in an application
for a certificate of eligibility filed on or before June thirtieth,  two
thousand  eight,  construction  work  performed  as  described  in  such
application pursuant to any additional  building  permit  issued  on  or
after  August  first,  two thousand eight shall be eligible for benefits
pursuant to this title in accordance with this subdivision.
(a) Except as provided in  paragraph  (b)  of  this  subdivision,  all
construction  work  performed  pursuant to any such application shall be
completed on or before December thirty-first, two thousand thirteen.  No
benefits  shall  be  granted  for construction work performed after such
date, and any exemption granted pursuant to this title  in  relation  to
property  on which such construction work was performed shall not exceed
the amount of the exemption in effect for such property on the tax  roll
for  which  the  taxable  status  date  is  January  fifth, two thousand
(b) All construction work performed pursuant to any  such  application
for  the  construction  of  a  new  building  or  structure  in  the new
construction exemption area specified in paragraph  (c)  of  subdivision
six  of  section  four  hundred  eighty-nine-cccc of this title shall be
completed  in  accordance  with  subparagraph  (iv)  of paragraph (a) of
subdivision nine of this section and, if  not  completed  in  accordance
with  such  subparagraph, shall not be eligible for benefits pursuant to
(c) For purposes of this subdivision, construction work  as  described
in  an  application  for  a  certificate  of eligibility shall be deemed
completed on the date on which the department of  buildings  of  a  city
that  has  enacted a local law pursuant to this title issues a temporary
or final certificate of occupancy or, if such construction work does not
require the issuance of a certificate of occupancy, the  date  on  which
the applicant and the applicant's architect or professional engineer for
such  construction work submit to the department of finance an affidavit
certifying that such construction work has been completed. For  purposes
of  this  subdivision,  a  demolition  permit  shall  be  deemed to be a
building permit issued for construction work.
Application for certificate of eligibility. 1. Application
for  a  certificate  of  eligibility  pursuant to this title may be made
immediately following the effective date of a local law enacted pursuant
to this title and continuing until June thirtieth, two  thousand  eight;
provided, however, that application for a certificate of eligibility for
renovation  construction  work  for  property  located in the renovation
exemption area specified  in  subparagraph  (ii)  of  paragraph  (d)  of
may  not  be  made  after   January   thirty-first,   nineteen   hundred
ninety-five;   provided,   further,  however,  that  application  for  a
certificate of  eligibility  for  construction  of  a  new  building  or
section  four  hundred  eighty-nine-dddd  of  this  title  in  the   new
construction  exemption  area  specified in paragraph (a) of subdivision
six of section four hundred eighty-nine-cccc of this title  may  not  be
made after December thirty-first, nineteen hundred ninety-six; provided,
further,  however, that application for a certificate of eligibility for
construction of a new building or structure that meets the  requirements
set  forth  in subdivision nine of section four hundred eighty-nine-dddd
of this title in  the  new  construction  exemption  area  specified  in
paragraph   (b)   of   subdivision   six   of   section   four   hundred
eighty-nine-cccc of this title may not be made after June thirtieth, two
thousand  three.  Such  application  shall  state  whether  it  is   for
industrial,  commercial  or  renovation  construction work, and shall be
filed  with  the  department  of  finance.  In  addition  to  any  other
information  required  by such department, the application shall include
cost estimates or bids for the proposed construction and an affidavit of
a  professional  engineer  or  architect  of  the  applicant's   choice,
certifying  that  detailed  plans  for  the  construction work have been
submitted to the department of buildings. Such  application  shall  also
state  that  the  applicant  agrees to comply with and be subject to the
rules issued from time to time by the department of  finance  to  secure
compliance  with  all  applicable  city, state and federal laws or which
implement mayoral directives and executive  orders  designed  to  ensure
equal  employment  opportunity.  If  required  by  local  law or rule as
described in section four hundred eighty-nine-llll of this  title,  such
application  shall  also  state that the applicant agrees to comply with
the program established thereby to ensure  meaningful  participation  of
minority  and  women-owned business enterprises in construction work for
which the applicant  receives  benefits.  Such  application  shall  also
certify  that all taxes currently due and owing on the property which is
the subject of the application have been paid  or  are  currently  being
paid  in  timely  installments  pursuant  to  written agreement with the
department of finance.
2. The burden of proof shall be on the applicant to show by clear  and
convincing evidence that the requirements for granting an exemption from
or abatement or deferral of payment of taxes pursuant to this title have
been  satisfied.  The  department of finance shall have the authority to
require that statements in connection with the application be made under
oath.
3. The department of finance shall issue a certificate of  eligibility
upon  determining  that  the  applicant  satisfies  the requirements for
industrial, commercial or renovation construction work in an area  where
benefits  are  available  for  such  work.  Such certificate shall state
whether such benefits are to be granted for  industrial,  commercial  or
renovation construction work, and in which class of area the property is
located.  The  effective date of such certificate, except as provided in
paragraph (b) or paragraph (d) of  subdivision  three  of  section  four
hundred  eighty-nine-dddd of this title, shall be the earlier of (a) the
date on which a building permit for the construction work is  issued  by
the  department  of  buildings, or (b) the last day before the effective
date  of  any  designation of boundaries by the commission which changes
the class of area in which the property is located so as to  reduce  the
level  of  benefits  for  commercial construction work on such property.
Where the effective date of  the  certificate  of  eligibility  is  July
first,  nineteen  hundred  ninety-two or after, the benefits granted for
industrial, commercial or renovation construction work pursuant to  this
title  shall  be  in  accordance  with  the  provisions of this title as
amended by chapter seven hundred eighty-one  of  the  laws  of  nineteen
hundred  ninety-two,  chapter  seven  hundred  twenty-six of the laws of
nineteen hundred ninety-four, chapter six hundred sixty-one of the  laws
of  nineteen hundred ninety-five, chapter one hundred forty-three of the
laws of nineteen hundred ninety-nine, chapter one hundred three  of  the
laws  of  two thousand three and the chapter of the laws of two thousand
seven which amended this subdivision. Where the effective  date  of  the
certificate  is  June  thirtieth, nineteen hundred ninety-two or before,
the benefits granted for  industrial  or  commercial  construction  work
pursuant  to  this  title  shall be in accordance with the provisions of
this title as it was in effect until June  thirtieth,  nineteen  hundred
ninety-two  immediately  prior to its amendment by chapter seven hundred
eighty-one of the laws of  nineteen  hundred  ninety-two.  No  recipient
whose  property  is  the  subject  of  a  certificate of eligibility for
commercial construction work in a deferral area  shall  be  eligible  to
apply  for a certificate of eligibility for renovation construction work
on the same property, where the renovation construction work is the same
as, or similar to,  the  commercial  construction  work  for  which  the
deferral  area  certificate  was  issued,  until  three  years after the
effective date of the deferral  area  certificate.  No  recipient  shall
receive  a  tax deferral and a tax exemption for the same expenditure on
eligible construction work.
4. A copy of the certificate of eligibility  shall  be  filed  by  the
department  of finance in the manner prescribed for recording a mortgage
pursuant to section two hundred ninety-one-d of the real property law.
5. The department of  finance  may  provide  by  rule  for  reasonable
administrative   charges   or  fees  necessary  to  defray  expenses  in
administering the benefit program provided by this title.
Reporting  requirement; termination of benefits. 1. Upon
approval by the department  of  buildings  of  the  plans  submitted  in
connection  with  the  building permit and any amendments to such plans,
the recipient shall file with the  department  of  finance  a  narrative
description of such approved plans describing the industrial, commercial
or  renovation construction work for which such recipient seeks benefits
pursuant to this title.
2. For the duration of the benefit period  the  recipient  shall  file
annually with the department of finance, on or before the taxable status
date, a certificate of continuing use stating the purposes for which the
property  described  in the certificate of eligibility is being used and
the net square footage allotted to each such purpose.  Such  certificate
of  continuing  use  shall  be on a form prescribed by the department of
finance and shall state the total number  of  workers  employed  on  the
property  and  the  number  of  such workers who are city residents. The
department  of  finance  shall  have  authority  to  terminate  benefits
pursuant  to  this  title  upon  failure  of  a  recipient  to file such
certificate by the taxable status date. The burden of proof shall be  on
the  recipient  to establish continuing eligibility for benefits and the
department  of  finance  shall  have  the  authority  to  require   that
statements made in such certificate shall be made under oath.
3.  A  recipient  shall file an amendment to the latest certificate of
continuing use prior to (a) converting square  footage  within  property
which  is  the  subject  of  a certificate of eligibility for industrial
construction work from use for the manufacturing activities described in
such certificate of continuing use where such conversion results in less
than sixty-five per centum of total net square  footage  being  used  or
held  out  for  use  for manufacturing activities; or (b) converting any
portion of property which is the subject of a certificate of eligibility
to use for any restricted activity or as residential property.
4. Not later than eighteen  months  after  the  effective  date  of  a
certificate  of  eligibility,  with an effective date of June thirtieth,
nineteen hundred ninety-two  or  before,  the  recipient  shall  present
evidence  to  the department of finance demonstrating that the recipient
has made one-half of the minimum required expenditure.   Not later  than
thirty-six  months  after  the  effective date of such certificate, such
recipient shall present evidence to such department  demonstrating  that
the  recipient has made the minimum required expenditure. Not later than
thirty months after the effective date of a certificate  of  eligibility
with  an  effective  date  of July first, nineteen hundred ninety-two or
after, the recipient shall present evidence to the department of finance
demonstrating that the  recipient  has  made  one-half  of  the  minimum
required   expenditure;   provided,  however,  that  a  recipient  of  a
eighty-nine-cccc of this title shall present  such  evidence  not  later
than eighteen months after the effective date of such certificate, or by
December   thirty-first,  nineteen  hundred  ninety-four,  whichever  is
earlier; provided, further, however,  that  a  recipient  who  filed  an
application for a certificate of eligibility for renovation construction
work  for property located in the renovation exemption area specified in
subparagraph (ii) of paragraph (d) of subdivision five of  section  four
hundred  eighty-nine-cccc of this title on or after July first, nineteen
hundred  ninety-four,  but  before  February  first,  nineteen   hundred
ninety-five,  shall present such evidence not later than eighteen months
after the effective date of such certificate, or by  July  thirty-first,
nineteen  hundred  ninety-five, whichever is earlier, provided, further,
however, that a recipient who filed an application for a certificate  of
eligibility for renovation construction work for property located in the
renovation  exemption  area  specified  in  subparagraph (i) or (iii) of
paragraph   (d)   of   subdivision   five   of   section   four  hundred
after the effective date of such certificate.    Not  later  than  sixty
months  after the effective date of a certificate of eligibility with an
effective date of July first, nineteen hundred ninety-two or after,  the
recipient  shall  present evidence to such department demonstrating that
the recipient has  made  the  minimum  required  expenditure;  provided,
however, that a recipient of a certificate of eligibility for renovation
construction  work for property located in the renovation exemption area
specified in subparagraph (ii) of paragraph (d) of subdivision  five  of
section  four  hundred eighty-nine-cccc of this title shall present such
evidence not later than thirty-six months after the  effective  date  of
such   certificate,   or  by  December  thirty-first,  nineteen  hundred
ninety-five, whichever is earlier; provided, further,  however,  that  a
recipient  who filed an application for a certificate of eligibility for
on  or  after  July  first,  nineteen  hundred  ninety-four,  but before
February  first,  nineteen  hundred  ninety-five,  shall  present   such
evidence  not  later  than thirty-six months after the effective date of
such certificate, or by July thirty-first, nineteen hundred  ninety-six,
whichever  is  earlier, provided, further, however, that a recipient who
filed an application for a certificate  of  eligibility  for  renovation
specified in subparagraph (i) or (iii) of paragraph (d)  of  subdivision
five  of section four hundred eighty-nine-cccc of this title on or after
July first, nineteen hundred ninety-five, shall  present  such  evidence
not  later  than  thirty-six  months  after  the  effective date of such
certificate.  Such evidence shall be presented in the  form  and  manner
prescribed  by  such  department.  The  burden  of proof shall be on the
recipient to show by clear and convincing  evidence  that  the  required
expenditures  have  been made.   This subdivision shall not apply to the
5.  A  recipient of a certificate of eligibility for construction of a
new building or structure in a new  construction  exemption  area  shall
present  evidence  to  the  department of finance demonstrating that the
requirements   of   subdivision   nine   of   section    four    hundred
eighty-nine-dddd  of  this  title  have been met. Such evidence shall be
presented in the form and manner and at  the  time  prescribed  by  such
department.  The  burden  of  proof shall be on the recipient to show by
clear and convincing evidence that such requirements have been met.