NY Real Prop Tax L § 489-GGGGGG (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2-F - Abatement of Tax Payments for Certain Industrial and Commercial Properties in a City of One Million or More Persons 489-GGGGGG - Temporary Commercial Incentive Area Boundary Commission; Designation of Special Commercial Abatement Areas; Excluded and Renovation Areas.

§ 489-gggggg. Temporary commercial incentive area boundary commission; designation   of   special  commercial  abatement  areas;  excluded  and renovation areas. 1. Commission members. Any city enacting a  local  law pursuant  to section four hundred eighty-nine-bbbbbb of this title shall establish a temporary commercial incentive area boundary  commission  to consist  of  a deputy mayor designated by the mayor, the commissioner of finance, the chair of the city  planning  commission,  the  director  of management  and  budget, the borough presidents, the speaker of the city council and a public member appointed by  the  mayor  to  serve  at  the mayor's  pleasure.  Each  member except the public member shall have the power to designate an alternate to represent him or  her  at  commission meetings to exercise all the rights and powers of such member, including the  right to vote, provided that such designation be made in writing to the chair of the commission. The deputy mayor designated  by  the  mayor shall  serve  as  commission  chair.  Each  borough  president  shall be entitled to vote only on the designation of  areas  within  his  or  her borough.  Commission  members who shall be officers or employees of such city shall serve  without  compensation  but  shall  be  reimbursed  for expenses  necessarily  incurred  in the performance of their duties. Any other commission member shall receive as exclusive compensation for  his or  her  services  one  hundred  dollars per diem, or another reasonable amount as determined by  the  deputy  mayor  designated  by  the  mayor, provided,  however,  that the total compensation paid to any such member shall not exceed twelve  hundred  dollars  for  any  calendar  year,  or another  reasonable  amount determined by the deputy mayor designated by the mayor. A majority of members of such commission entitled to vote  on a  matter  shall  constitute a quorum for such issue. Decisions shall be made by majority vote of those present entitled to  vote  on  a  matter. Notwithstanding any other law to the contrary, no officer or employee of the  state  or any of its subdivisions or any public benefit corporation shall be deemed to have forfeited his or her office or employment or any benefits provided under the retirement and social security law or  under any  public  retirement  system  maintained  by  the state or any of its subdivisions by reason of accepting membership on such commission.   2.  Designation  of  special  commercial  abatement  areas.  (a)   The commission  shall  meet in two thousand nine or two thousand fifteen and at least once every five years thereafter to determine the boundaries of special commercial abatement areas  which  it  is  authorized,  but  not required, to designate pursuant to this section. The areas designated by the  commission  established  pursuant to title two-D of this article in effect as of June thirtieth, two thousand eight shall remain  in  effect until  the  first  taxable  status date after the local legislative body approves a new designation pursuant to paragraph (d) of this subdivision or, if the local legislative body does not  approve  a  new  designation before  January  first,  two  thousand  sixteen,  then,  for purposes of applications for special commercial abatement area benefits,  the  areas designated by the commission established pursuant to title two-D of this article  in effect as of June thirtieth, two thousand eight shall remain in effect until December thirty-first, two thousand fifteen.  (b) In years  when  special  commercial  abatement  areas  are  to  be designated,  no  later  than October first, the commission shall provide public notice of such designation by publishing a notice at  least  once in  a  newspaper  of  general  circulation  setting  forth  the proposed boundaries.  Notice  may  also  be  provided  electronically  or  in  an electronic  medium,  such  as  a  website,  in  a  manner the commission determines to be appropriate. Notice must be provided not  earlier  than five  nor  later  than  fifteen days before the date of the commission's public hearing to hear all persons interested in the designation of  the  areas.  A copy of the notice shall be forwarded to the local legislative body and each community board of the city.  (c)  The  commission shall make such designation, and notify the local legislative body of such designation, not later than November  first  of each year when special commercial abatement areas are to be designated.  (d)  Within  thirty  days  after the first stated meeting of the local legislative body following the receipt of notice  of  such  designation, the  local  legislative  body  may,  by  majority  vote, disapprove such designation. If, within such thirty-day period,  the  local  legislative body  fails  to  act  or  fails  to  act by the required vote, the local legislative body shall be deemed to have approved such designation. Such designation shall take effect on the first taxable status date after the local legislative body approves such designation  and  shall  remain  in effect  until  the first taxable status date after the local legislative body approves such new designation.  (e) In the city of New York, the commission  may  designate  any  area other than the area lying south of the center line of 96th Street in the borough  of  Manhattan,  to be a special commercial abatement area if it determines that  market  conditions  in  the  area  are  such  that  the availability  of  a  special abatement is required in order to encourage commercial construction work in such area. In making such determination, the commission shall consider, among other  factors,  the  existence  in such  area  of  a  special need for commercial and job development, high unemployment, economic distress or unusually large  numbers  of  vacant, underutilized,   unsuitable   or   substandard   structures,   or  other substandard, unsanitary, deteriorated or deteriorating conditions,  with or without tangible blight.  (f)  If  the commission fails to meet in two thousand fifteen, all new applications for special commercial abatement area  benefits  postmarked after  December  thirty-first,  two  thousand  fifteen  shall  be deemed applications for regular area benefits.   3. Renovation areas. In the city of New York, the following  areas  of Manhattan shall be designated as renovation areas. Except as provided in paragraph   (f)   of   subdivision   three   of   section  four  hundred eighty-nine-bbbbbb of this  title,  new  commercial  construction  in  a renovation area shall not be eligible for abatement benefits. Renovation areas shall be limited to:  (a)  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 line 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;  (b)  the  area  in  the  borough  of  Manhattan defined as the special garment center district by chapter one of  article  XII  of  the  zoning resolution of the city of New York; and  (c)  the  area in the borough of Manhattan south of the center line of 59th street,  other  than  the  areas  designated  renovation  areas  by paragraphs (a) and (b) of this subdivision.   4.  Commercial  exclusion area. Except as provided in paragraph (f) of subdivision three of section four  hundred  eighty-nine-bbbbbb  of  this  title,  any  area  in the borough of Manhattan lying south of the center line of 96th Street, other than the areas designated renovation areas by subdivision three of this section, shall be a commercial exclusion area. Commercial  construction projects in the commercial exclusion area shall not be eligible to receive tax abatements pursuant to this title.   5.  Eligible  industrial  construction  projects   may   receive   tax abatements  pursuant  to  paragraphs (b) and (e) of subdivision three of section four hundred eighty-nine-bbbbbb of this title in any area of the city of New York.