NY Real Prop Tax L § 499-A (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 4 - Tax Abatement for Certain Commercial Properties in a City of One Million or More Persons 499-A - Definitions.

§  499-a.  Definitions.  When  used in this title, the following terms   shall mean or include:1. "Abatement base." The lesser of (a) two dollars and fifty cents  of   the  tax  liability  per  square foot or (b) fifty per centum of the tax   liability per square foot; provided, however, that  with  respect  to  a   lease commencing on or after April first, nineteen hundred ninety-seven,   the abatement base shall equal the tax liability per square foot subject   to a maximum of two dollars and fifty cents per square foot.2.  "Abatement  zone."  Any  area of a city having a population of one   million or more, provided that in the city of  New  York  the  abatement   zone  shall  be  the  area in the borough of Manhattan bounded by Murray   Street on the north starting at the  intersection  of  West  Street  and   Murray  Street; running easterly along the center line of Murray Street,   connecting through City Hall Park with  the  center  line  of  Frankfort   Street  and  running  easterly  along  the center lines of Frankfort and   Dover Streets to the intersection of  Dover  Street  and  South  Street;   running  southerly along the center line of South Street to Peter Minuit   Plaza; connecting through Peter Minuit Plaza to the center line of State   Street and running northwesterly along the center line of  State  Street   to  the intersection of State Street and Battery Place; running westerly   along the center line of Battery Place to the  intersection  of  Battery   Place  and  West  Street; and running northerly along the center line of   West Street to the intersection of West Street and  Murray  Street.  Any   tax  lot  which  is  partly  located  inside the abatement zone shall be   deemed to be entirely located inside such area.3. "Aggregate floor area." The sum of the gross areas of  the  several   floors of a building, measured from the exterior faces of exterior walls   or from the center lines of walls separating two buildings.4. "Applicant." The landlord and the tenant.5.  "Benefit  period." The period commencing with the first day of the   month immediately following the rent commencement date  and  terminating   no  later  than  sixty  months  thereafter, provided, however, that with   respect to a lease commencing on or after April first, nineteen  hundred   ninety-seven with an initial lease term of less than five years, but not   less  than  three years, the period commencing with the first day of the   month immediately following the rent commencement date  and  terminating   no   later   than  thirty-six  months  thereafter.  Notwithstanding  the   foregoing sentence, a benefit period shall expire no  later  than  March   thirty-first, two thousand thirty.6.  "Billable  assessed value." The lesser of the taxable transitional   or the taxable actual assessed value of the eligible  building  and  the   land  on  which  the eligible building is located for the fiscal year in   which the benefit period commences, as computed pursuant to  subdivision   three of section one thousand eight hundred five of this chapter.7.  "Department  of  finance."  The  department of finance of any city   having a population of one million or more.8.  "Eligible  building."  A  non-residential  or  mixed-use  building   located  in the abatement zone which received its initial certificate of   occupancy or initial temporary certificate of occupancy prior to January   first, nineteen hundred seventy-five; provided that if no certificate of   occupancy was required at the time the building was  constructed,  other   proof  acceptable  to  the  department  of  finance  is  submitted which   demonstrates that the building was constructed prior to  January  first,   nineteen  hundred  seventy-five;  and  provided  further  that  eligible   building shall not include any building owned by a governmental  agency.   Each condominium unit in a building which meets the requirements of this   subdivision shall be considered a separate eligible building. 9.  "Eligibility  period." The period commencing April first, nineteen   hundred ninety-five and terminating  March  thirty-first,  two  thousand   twenty-four.10.  "Eligible  premises."  Premises  located  in an eligible building   which (a) are (i) occupied  or  used  as  offices  (including  ancillary   uses);  or  (ii)  occupied or used as retail space; or (iii) occupied or   used as a private elementary or secondary school and (b) are occupied or   used by a tenant under a lease which meets the eligibility  requirements   of section four hundred ninety-nine-c of this title.11.  "Expansion  premises."  Eligible  premises leased by an expansion   tenant to accommodate additional employees.12. "Expansion tenant." A person  who  (a)  occupies  premises  in  an   eligible  building  under  a  lease  which  does  not  expire during the   eligibility period and (b) executes a lease for  expansion  premises  in   such eligible building or in another eligible building which lease meets   the  eligibility  requirements  of section four hundred ninety-nine-c of   this title. For purposes of determining whether expansion  premises  are   located  in  the same or in another eligible building, the last sentence   of subdivision eight of this section shall not be applicable.13. "Fiscal year." The fiscal year of any city having a population  of   one million or more.14.  "Governmental agency." The United States of America or any agency   or instrumentality thereof, the state of New York, the city of New York,   any public corporation (including a body corporate and  politic  created   pursuant  to  agreement or compact between the state of New York and any   other state), public benefit  corporation,  public  authority  or  other   political subdivision of the state.15.  "Landlord."  Any  person  who  (a)  controls  all non-residential   portions of an eligible building,  including,  without  limitation,  the   record  owner,  the  lessee  under  a  ground  lease,  any  mortgagee in   possession or any receiver, and (b) who  grants  the  right  to  use  or   occupy eligible premises to any tenant, provided that landlord shall not   include  any  lessee  who  at any time during the lease term occupied or   used or occupies or uses any part of  the  non-residential  portions  of   such  eligible  building,  other  than premises occupied or used by such   lessee to provide rental or management services to such building.16. "Lease commencement date." The date set  forth  in  the  lease  on   which the term of the lease commences.17.  "Mixed-use  building."  A  building used for both residential and   commercial purposes, provided that more than twenty-five per  centum  of   the aggregate floor area of such building is used or held out for use as   commercial, community facility or accessory use space.18. "New tenant." A person who (a) (i) is relocating or expanding from   premises  in  a  relocation  area to eligible premises, or (ii) occupies   premises in an eligible building under a lease which expires during  the   eligibility  period and is relocating or expanding to eligible premises,   or (iii) occupies premises in the abatement zone in a building which  is   not  an  eligible  building  and  is relocating or expanding to eligible   premises, or (iv) does not occupy  any  premises  immediately  prior  to   executing  a  lease  for  eligible  premises,  or  (v)  is an owner of a   building in the  abatement  zone  who  is  relocating  or  expanding  to   eligible  premises, and (b) executes a lease which meets the eligibility   requirements of section four hundred ninety-nine-c of this title.19. "Person." An individual, corporation, limited  liability  company,   partnership,  association,  agency,  trust,  estate, foreign or domestic   government or subdivision thereof, or other entity. 20. "Relocation area." The area in the borough of Manhattan  south  of   the center line of 96th Street or any area outside the city of New York;   provided that the abatement zone shall not be a relocation area.21.  "Renewal  tenant."  A  person  who  (a)  occupies  premises in an   eligible building under a lease which  expires  during  the  eligibility   period  and  (b)  executes a lease for the continued occupancy of all or   part of such premises or all or part of  such  premises  and  additional   premises  in such eligible building, provided such premises are eligible   premises and such lease meets the eligibility  requirements  of  section   four hundred ninety-nine-c of this title.22. "Rent commencement date." The date set forth in the lease on which   the obligation to pay basic fixed rent shall commence.23.  "Subtenant."  A person whose right to occupy and use the eligible   premises is not derived from a lease with the landlord.24. "Tax  commission."  The  tax  commission  in  any  city  having  a   population of one million or more.25.  "Tax liability." The product obtained by multiplying the billable   assessed value for the fiscal year in which the benefit period commences   by the tax rate applicable to the eligible building for such fiscal year   as set by the local legislative body of any city having a population  of   one million or more.26.  "Tax liability per square foot." The tax liability divided by the   total number of square feet in the eligible building, as listed  on  the   records of the department of finance.27.  "Tenant."  A  person  (including  any successors in interest) who   executes a lease with the landlord for the right to occupy  or  use  the   eligible  premises  and  who  occupies  or  uses  the  eligible premises   pursuant to such lease. Tenant shall not  include  any  subtenant.  When   used  in  this title, "tenant" includes "expansion tenant," "new tenant"   and "renewal tenant."28. "Tenant's  percentage  share."  The  percentage  of  the  eligible   building's  aggregate  floor  area  allocated  to the eligible premises,   which shall be presumed to be such percentage as set forth in the  lease   for  the  eligible  premises;  provided that where the eligible premises   includes expansion premises, the "tenant's percentage  share"  shall  be   calculated  on  the  basis  of the percentage of the eligible building's   aggregate floor area allocated solely to the expansion premises.