dliu1/legal-llama-raw-text huggingface dataset:
this  title,  which  are  administered under the local emergency housing
rent control  act,  the  rent  stabilization  law  of  nineteen  hundred
sixty-nine   or   the   emergency  tenant  protection  act  of  nineteen
seventy-four, unless a certificate of eviction has been issued  for  any
of the displaced or replaced units pursuant to the powers granted by the
city rent and rehabilitation law.
6.  The  provisions  of this title shall not apply to an applicant who
has commenced construction or reconstruction work prior to the  granting
of  a certificate of eligibility except where applicant, having filed an
application for a certificate of eligibility receives written permission
to commence from the board or its designated representative prior to the
granting  of  a  certificate  of  eligibility.  Demolition  of  existing
structures, site preparation limited to grading, filling or clearing, or
the  curing  of  a  safety  or sanitary hazard shall not be deemed to be
commencement of construction or reconstruction work.
7. Any property enjoying the benefits of a tax exemption  approved  by
the  board  shall  be  ineligible  for  any subsequent or additional tax
exemption pursuant to the provisions of this title until the  expiration
of  the original exemption period or earlier termination of the existing
exemption by action of the tax commission.
Applications   for   certificates  of  eligibility.  1.
Applications for a certificate of eligibility  pursuant  to  this  title
shall  be  submitted for preliminary approval to the office for economic
development commencing immediately after the effective date of  a  local
law  enacted  pursuant to this title and continuing until the earlier of
the thirty-first day of January, nineteen hundred eighty-six or the last
day before the date on which applications may  be  filed  in  accordance
with   a   local   law   enacted   pursuant   to  section  four  hundred
eighty-nine-bbbb of this chapter, on such form  or  forms  as  shall  be
prescribed  by  the board. In addition to any other information required
by the board, the application shall include plans for reconstruction  or
construction  that  have been certified by a professional engineer or an
architect of the applicant's choice and cost estimates or bids  for  the
proposed  reconstruction  or construction. Upon a finding by such office
that the application satisfies the  requirements  of  reconstruction  or
construction  as  defined  in  this  title,  the  application  shall  be
presented to the board for evaluation and written notice  thereof  shall
be given to the community board of the district in which the application
site is located.
2.   (a)   In   the   case  of  an  application  for  construction  or
reconstruction of an industrial  structure  or  a  commercial  structure
located  in  an  area  designated  as  of right, the board shall issue a
certificate  of  eligibility  upon  determining  that  the   application
satisfies  the requirements of construction or reconstruction as defined
in this title, that the applicant has obtained plans for construction or
reconstruction certified by a professional engineer  or  architect,  and
that  the  applicant  has otherwise complied with the provisions of this
title and other applicable provisions of law.
(b) In the case of an application for construction  or  reconstruction
of  a  commercial  structure  not  located  in  an  as of right area, or
involving  a  restricted  commercial  use,  the  board  shall  issue   a
certificate  of  eligibility  upon making the determination specified in
paragraph  (a)  of  this  subdivision  and  upon  making   the   further
determination  that the granting of a tax exemption for the construction
or reconstruction of such a structure in the proposed location is in the
public interest. In making such  determination,  the  board  shall  make
findings  that  there  is  a  need  in  the  area  for  the services the
enterprise will provide, that the enterprise  will  generate  or  retain
employment  in the area, and that a tax incentive is required to attract
construction or reconstruction of such  a  structure  to  the  area.  In
addition,  the  board shall consider the economic impact such commercial
structure will have in the area.
(c) In the case of an application for construction  or  reconstruction
involving a restricted commercial use, the  board  may  make  a  further
determination   that   special  circumstances  warrant  designating  the
proposed construction or reconstruction as specially needed. In making
such determination, the board shall make findings  that  the  commercial
services  to  be provided will have an especially positive impact on the
area's or the city's economy and that  the  applicant  has  demonstrated
that the project cannot go forward without the greater exemption granted
by such designation.
3.  Any meeting of the board at which an application for a certificate
of eligibility is to be considered shall be  open  to  the  public,  and
notice  of  such meeting shall be given at least two weeks prior thereto
by publication in a newspaper of general circulation within the city.
4. The burden of proof shall be on the applicant to show by clear  and
convincing  evidence  that the requirements for granting a tax exemption
pursuant to this title have been satisfied, and the board shall have the
authority to require  that  statements  made  in  consideration  of  the
application be taken under oath.
5.  After  the  issuance of a certificate of eligibility the applicant
shall apply to the city tax commission, during the  period  provided  by
law  for filing applications for corrections of assessed valuations, for
a tax exemption as provided for in section four hundred  eighty-nine-ddd
of  this  title.  The  application shall be accompanied by a copy of the
certificate of eligibility.
Approval  of  tax  exemption.    On  completion  of the
reconstruction or construction work the applicant shall notify the board
in  writing  of  said  completion.    The  board  shall  determine   the
eligibility  of  the  applicant  for  the  tax  exemption as provided in
subdivision one of section four hundred eighty-nine-ddd and shall notify
the  tax  commission  of  such  determination.    If  the  applicant  is
determined  to  be  qualified  the  commission  shall  approve  the  tax
exemption.
Continuation  of  tax  exemption;  termination  of  tax
exemption. The tax exemption approved by the  board  shall  continue  in
accordance  with this title, provided that the applicant files an annual
certificate of continuing use stating that the  structure  and  property
continue to be used for the industrial or commercial purposes justifying
the  issuance  of  the  certificate of eligibility.   The certificate of
continuing use shall be filed with the tax commission on  such  form  or
forms  and containing such information as shall be prescribed by the tax
commission. The tax commission shall have authority to terminate  a  tax
exemption  on  failure  of an applicant to file an annual certificate of
continuing use or on the recommendation of the finance commissioner who,
in reviewing the certificate filed by an applicant, has determined  that
the  structure  or  property has ceased to be used for the industrial or
commercial purposes  justifying  the  issuance  of  the  certificate  of
Extension  of time for completion. Where an applicant has
received a certificate of eligibility but has not completed or will  not
be  able  to  complete  the  construction  or reconstruction work within
thirty-six  months,  the  board  shall,  upon  application,  extend   to
forty-eight  months,  from the time of issuance of such certificate, the
time for completion of the construction or reconstruction work; provided
the applicant has completed not less than  two-thirds  of  the  work  as
specified  in  the certified plans previously filed with the application
at the time of such application for extension.
Prior certificates of eligibility.  Any project for which
a certificate of eligibility has been approved  by  the  industrial  and
commercial  incentive board prior to the enactment of this section shall
be eligible for a tax exemption computed according to the tax  exemption
tables and formulae in effect on the date of such approval.
When used in this title: 1. Applicant means
any  person  obligated  to  pay  real property taxes on the property for
which an exemption from or abatement or deferral of  real  property  tax
payments  is sought, or in the case of exempt property, the record owner
or lessee thereof.
2. Approved plans means plans  submitted  to  and  approved  by  the
department  of  buildings  in  connection  with the applicant's building
permit,  including  any  amendments  to  such  plans  approved  by  such
department before final inspection of the work for which such permit was
3.  Benefit  period  means  the  period  of time when a recipient is
eligible to receive benefits pursuant to this title,  including  in  the
case  of  a  recipient  of  a  certificate of eligibility for commercial
construction work in a deferral area, the period of  time  tax  payments
are  to  be  deferred, the interim period when no tax payments are to be
deferred and no deferred tax payments are required to be made,  and  the
period of time when the deferred tax payments are to be made.
4. Commission means the temporary commercial incentive area boundary
5.  Commercial  construction  work  means  the construction of a new
building  or  structure,  or  portion  thereof,  or  the  modernization,
rehabilitation,  expansion, or other improvement of an existing building
or structure, or portion thereof, for use as commercial property.
6. Commercial property means nonresidential property  (a)  on  which
will  exist after completion of commercial construction work, a building
or structure used for the buying,  selling  or  otherwise  providing  of
goods  or  services  including  hotel  services,  or  for  other  lawful
business, commercial or manufacturing activities;  and  (b)  (i)  where,
except  as provided in subparagraph (ii) of this paragraph and paragraph
(c) of this subdivision, not more than fifteen per centum of  the  total
net  square  footage  of  any building or structure on such property was
used for manufacturing activities at any one or more  times  during  the
twenty-four  months  immediately preceding the date of application for a
certificate of eligibility or (ii)  where  not  more  than  fifteen  per
centum  of  the total net square footage of any building or structure on
such property was used for manufacturing activities at any one  or  more
times  during  the  sixty  months  immediately  preceding  the  date  of
application for  a  certificate  of  eligibility  if  such  property  is
located,  in  whole  or in part, in the area in the borough of Manhattan
lying south of the center line of 96th Street; and (c) in the commercial
revitalization  area,  and  with  respect  to  an  application   for   a
certificate  of  eligibility filed on or after July first, two thousand,
commercial property means nonresidential property on which will  exist
after   completion  of  commercial  construction  work,  a  building  or
structure used for the buying, selling or otherwise providing  of  goods
or  services  including  hotel  services,  or for other lawful business,
commercial or manufacturing activities.
6-a. Commercial revitalization area means any area of a city  having
a  population  of  one million or more, provided that in the city of New
York a commercial revitalization area shall mean any  district  that  is
zoned C4, C5, C6, M1, M2, or M3 in accordance with the zoning resolution
of such city in any area of such city except the area lying south of the
center line of 96th Street in the borough of Manhattan.
7.  Deferral area means an area in which deferral of payment of real
property taxes in accordance  with  subdivision  four  of  section  four
hundred eighty-nine-bbbb of this title shall be available to a recipient
who has performed commercial construction work.
8.  Excluded  area  means each area specified in paragraphs (a), (b)
and (c) of subdivision five of section four hundred eighty-nine-cccc  of
9.  Exemption  base.  (a)  For  purposes  of computing the exemption
pursuant to subdivision one, two, three or four of section four  hundred
eighty-nine-bbbb  of  this  title,  exemption  base  shall  mean, with
respect to property that is the subject of a certificate of  eligibility
with an effective date of June thirtieth, nineteen hundred ninety-two or
before:  (i) for the first, second and third taxable years following the
effective date of a certificate of eligibility, the  assessed  value  of
improvements made since the effective date of such certificate which are
attributable  exclusively  to commercial or industrial construction work
described in approved plans; and (ii) for all other years, the  assessed
value  of  such  improvements  which  have  been  made before the fourth
taxable status date following the effective date of such certificate.
(b) For purposes of computing the exemption  pursuant  to  subdivision
three,  four  or  five  of section four hundred eighty-nine-bbbb of this
title, exemption base shall mean, with respect to property that is the
subject of a certificate of eligibility with an effective date  of  July
first,  nineteen  hundred ninety-two or after: (i) for the first through
fifth taxable years following the effective date  of  a  certificate  of
eligibility, the assessed value of improvements made since the effective
date   of   such  certificate  which  are  attributable  exclusively  to
commercial or renovation construction work described in approved  plans;
and  (ii)  for  all other years, the assessed value of such improvements
which have been made before the sixth taxable status date following  the
effective date of such certificate.
(c)  For  purposes  of computing the exemption pursuant to subdivision
one or two of section  four  hundred  eighty-nine-bbbb  of  this  title,
exemption  base  shall  mean,  with  respect  to  property that is the
commercial or industrial construction work described in  approved  plans
plus  any  equalization increases or minus any equalization decreases in
the assessed value of the property  so  improved  (excluding  the  land)
occurring subsequent to the effective date of such certificate; and (ii)
for all other years, the assessed value of such improvements made before
the  sixth  taxable  status  date  following  the effective date of such
certificate plus any equalization increases or  minus  any  equalization
decreases  in  the assessed value of the property so improved (excluding
the land) occurring subsequent to the effective date of such certificate
but before the fourteenth taxable status date  following  the  effective
date  of  such  certificate.  For purposes of the preceding sentence: no
adjustment shall be made to  the  assessed  value  of  the  improvements
referred  to  in  subparagraphs  (i)  and (ii) of this paragraph for any
portion of an equalization increase or decrease which is being phased in
pursuant to section eighteen hundred five of this chapter subsequent  to
the effective date of the certificate of eligibility if such increase or
decrease  occurred  prior  to  such  effective date; with respect to any
taxable year, an adjustment for an  equalization  increase  or  decrease
shall  reflect  only  the  portion of such increase or decrease which is
being phased in during such taxable year or which was phased in during a
prior taxable year; no adjustment for  an  equalization  decrease  shall
reduce  the  exemption base to an amount less than the assessed value of
the improvements referred to in  subparagraphs  (i)  and  (ii)  of  this
paragraph,  and,  to  the extent that any such decrease would reduce the
exemption base below such amount, such decrease shall reduce the taxable
portion of the assessed value; and no adjustment shall be  made  for  an
equalization  increase  or  decrease  if the improvements referred to in
subparagraphs (i) and (ii) of this paragraph do not result in a physical
increase in the assessed value of the property.
(d) Notwithstanding paragraph (a) of this subdivision, for purposes of
computing the exemption pursuant to  subdivision  one  of  section  four
hundred  eighty-nine-bbbb  of  this  title, exemption base shall mean,
with respect to industrial property that is located in the area  in  the
borough  of  Manhattan lying north of the center line of 96th Street, or
that is located in the Bronx, Brooklyn, Queens  or  Staten  Island;  and
that  is  the  subject of a certificate of eligibility with an effective
date after  December  thirty-first,  nineteen  hundred  eighty-nine  and
before  July  first,  nineteen  hundred  ninety-two:  (i) for the first,
second and third  taxable  years  following  the  effective  date  of  a
certificate  of  eligibility,  the  assessed  value of improvements made
since the effective date of  such  certificate  which  are  attributable
exclusively to industrial construction work described in approved plans;
made before the fourth taxable status date following the effective  date
of  such  certificate  plus  any  equalization  increases  or  minus any
equalization decreases in the assessed value of the property so improved
(excluding the land) occurring subsequent to the fourth  taxable  status
date  following  the  effective  date of such certificate but before the
fourteenth taxable status date following  the  effective  date  of  such
certificate. For purposes of the preceding sentence: no adjustment shall
be  made  to  the  assessed  value  of  the  improvements referred to in
subparagraphs (i) and (ii) of this  paragraph  for  any  portion  of  an
equalization  increase  or decrease which is being phased in pursuant to
section  eighteen  hundred  five  of  this  chapter  subsequent  to  the
effective  date  of  the  certificate of eligibility if such increase or
decrease occurred prior to such effective  date;  with  respect  to  any
taxable  year,  an  adjustment  for an equalization increase or decrease
shall reflect only the portion of such increase  or  decrease  which  is
prior  taxable  year;  no  adjustment for an equalization decrease shall
reduce the exemption base to an amount less than the assessed  value  of
the  improvements  referred  to  in  subparagraphs  (i) and (ii) of this
paragraph, and, to the extent that any such decrease  would  reduce  the
portion  of  the  assessed value; and no adjustment shall be made for an
equalization increase or decrease if the  improvements  referred  to  in
(e)   For  purposes  of  computing  the  exemption:  (i)  pursuant  to
subdivision five-a of section  four  hundred  eighty-nine-bbbb  of  this
subject  of  a certificate of eligibility with an effective date of July
first, nineteen hundred ninety-five or after and that is located in  the
new   construction   exemption   area  specified  in  paragraph  (a)  of
subdivision six of section four hundred eighty-nine-cccc of this  title:
for  any  taxable  year following the effective date of a certificate of
date of such certificate  which  are  attributable  exclusively  to  the
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 as described in approved plans, provided such improvements
are  made  within  thirty-six  months  of  the  effective  date  of such
certificate or by December thirty-first, nineteen  hundred  ninety-nine,
whichever is earlier; and (ii) pursuant to subdivision five-a of section
four  hundred  eighty-nine-bbbb  of  this  title, exemption base shall
mean, with respect to property that is the subject of a  certificate  of
eligibility  with  an  effective  date  of  July first, nineteen hundred
ninety-five or after  and  that  is  located  in  the  new  construction
exemption  area specified in paragraph (b) of subdivision six of section
four hundred eighty-nine-cccc  of  this  title:  for  any  taxable  year
following  the  effective  date  of  a  certificate  of eligibility, the
assessed value of improvements made since the  effective  date  of  such
certificate  which are attributable exclusively to the 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
as described in approved plans,  provided  such  improvements  are  made
within forty-two months of the effective date of such certificate.
(f)  For  purposes  of  this  subdivision  equalization  increase  or
decrease means an  increase  or  decrease  in  the  assessed  value  of
property   which   is  not  attributable  to  construction  work,  fire,
demolition, destruction or other change in the physical  characteristics
of   the   property   (excluding   gradual   physical  deterioration  or
obsolescence), or to a change in the description or  boundaries  of  the
10.  Industrial  construction  work  means the construction of a new
building or structure or the modernization, rehabilitation, expansion or
improvement of an existing building or structure for use  as  industrial
11.  Industrial property means nonresidential property on which will
exist after completion of industrial construction  work  a  building  or
structure  wherein  at  least  seventy-five  per centum of the total net
square footage is used or immediately available and held out for use for
manufacturing  activities  involving  the  assembly  of  goods  or   the
fabrication or processing of raw materials.
12.  Initial  assessed  value  means  the  lesser of (a) the taxable
assessed value of real property appearing on the  books  of  the  annual
record  of the assessed valuation of real property on the effective date
of a recipient's certificate of eligibility or (b) the assessed value to
which such assessment is thereafter reduced pursuant to  application  to
the  tax  commission or court order. Where the real property is used for
both residential and nonresidential purposes on the  effective  date  of
such certificate of eligibility, the initial assessed value of such real
property,  determined  as  provided  in the preceding sentence, shall be
apportioned between the residential and nonresidential portions  thereof
in  such  manner as shall properly reflect the initial assessed value of
each such portion. Such apportionment shall be in accordance with  rules
promulgated by the department of finance.
13.  Manufacturing activity means an activity involving the assembly
of goods or the fabrication or processing of raw materials.
14. Minimum required expenditure means expenditure  for  commercial,
renovation  or industrial construction work in an amount equal to twenty
per centum of the initial assessed value; provided, however,  that  with
respect  to a recipient who filed an application on or after July first,
nineteen hundred  ninety-five  for  a  certificate  of  eligibility  for
industrial  construction  work  or for commercial construction work in a
special exemption area or a regular  exemption  area,  minimum  required
expenditure  means  expenditure  for such work in an amount equal to ten
industrial  construction  work  and  for  the  purpose  of  receiving an
abatement of real property taxes in accordance  with  paragraph  (c)  of
subdivision  one of section four hundred eighty-nine-bbbb of this title,
minimum required expenditure means  expenditure  for  such  work  in  an
amount  equal  to  twenty-five per centum of the initial assessed value;
and  provided  further  that  if  the  department  of   finance,   after
consultation with the deputy mayor for finance and economic development,
determines   that   a  greater  expenditure  is  required  to  encourage
significant industrial and commercial development it  may  establish  by
rule  a higher percentage of initial assessed value, not to exceed fifty
per centum thereof, as the minimum required expenditure. Expenditure for
residential construction work shall  not  be  included  in  the  minimum
required  expenditure;  provided,  however, that for mixed-use property,
expenditures for construction work  related  to  the  common  areas  and