NY Real Prop Tax L § 489-CCC (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2-C - Tax Exemption for Certain Industrial and Commercial Properties in a City of One Million or More Persons 489-CCC - Functions, Powers and Duties of the Board; Annual Designation of Exemption Areas and Restricted Commercial Uses.

§   489-ccc.  Functions,  powers  and  duties  of  the  board;  annual designation of exemption areas and restricted commercial  uses.  1.  The members  of  the  board  shall  have the following functions, powers and duties:  (a) to receive and review applications for certificates of eligibility pursuant to this title and pursuant  to  any  local  law  authorized  by chapter  seven  hundred  seventy-two  of  the  laws  of nineteen hundred sixty-six, containing provisions analogous to subsection four-d thereof;  (b) to make  findings  and  determinations  on  the  qualification  of applicant  for  certificates  of  eligibility pursuant to this title and pursuant  to  any  local  law  authorized  by  chapter   seven   hundred seventy-two  of  the  laws  of  nineteen  hundred  sixty-six, containing provisions analogous to subdivision (f) of subsection  one  hundred  one thereof;  (c) to issue certificates of eligibility and amendments thereto;  (d)  to  make recommendations to the tax commission on the termination of a tax exemption pursuant to section four hundred  eighty-nine-ggg  of this title;  (e)  to  designate  annually,  pursuant  to  subdivision  two  of this section, areas  in  which  exemptions  for  commercial  construction  or reconstruction  shall  be  granted  as  of  right, areas from which such exemptions shall be excluded and commercial uses for which the  granting of exemptions shall be restricted; and  (f)  to  make  and  promulgate  rules and regulations to carry out the purposes of the board.   2. (a) Not later than October first  of  each  year  the  board  shall publish  a  notice at least once in the official paper or a newspaper of general  circulation  in  the  city  setting  forth:  (i)  the  proposed boundaries  of  areas in which commercial construction or reconstruction shall be granted exemptions as of right, proposed  boundaries  of  areas from  which  exemptions  for  commercial  construction or reconstruction shall be excluded and proposed restricted commercial uses; and (ii)  the date,  not  earlier  than  ten  nor later than thirty days following the publication of such notice, on  which  the  board  will  hold  a  public hearing  to  hear  all  persons  interested  in  the designation of such boundaries and restricted commercial uses.  (b) Not earlier than ten nor later  than  thirty  days  following  the conclusion  of  the public hearing provided for in paragraph (a) of this subdivision, the board shall designate the boundaries of areas in  which exemptions  for  commercial  construction  or  reconstruction  shall  be granted as of right and  areas  from  which  such  exemptions  shall  be excluded  and  shall  also  designate  restricted  commercial uses. Such designations shall be made upon the following determinations:  (i)  With  respect  to  areas  in  which  exemption   for   commercial construction  or  reconstruction shall be granted as of right, the board shall determine that market  conditions  in  each  area  are  such  that exemptions   are   required   to   attract  commercial  construction  or reconstruction to the area and  that  attracting  such  construction  or reconstruction,  and  the  granting  of  exemptions therefor, are in the public interest. In making such determination, the board  may  consider, among  other factors, that the area is experiencing economic distress or is characterized by an unusually large number of vacant,  underutilized, unsuitable   or   substandard   structures,  or  by  other  substandard, unsanitary, deteriorated or deteriorating conditions,  with  or  without tangible  blight,  or  that  commercial  development in the area will be beneficial to the city's economy.  (ii) With respect  to  areas  from  which  exemptions  for  commercial construction  or  reconstruction  are  to  be  excluded, the board shall  determine that market conditions in each area are such  that  exemptions are not required to attract commercial construction or reconstruction to the  area,  or that it is not in the public interest to grant exemptions for   commercial   construction   or  reconstruction  in  the  area.  No applications   for   exemptions   for   commercial    construction    or reconstruction shall be accepted from such areas.  (iii)  With  respect  to  restricted  commercial uses, the board shall determine that it is not in the public interest to grant exemptions  for such  uses  unless  the  board  further determines that in certain areas designated  pursuant  to  this  subdivision,  such  uses  will  have  an especially  positive  impact on the area's economy. All applications for exemptions for restricted commercial uses shall be  determined  pursuant to  paragraphs  (b)  and  (c) of subdivision two of section four hundred eighty-nine-eee of this title.  (c) Designations made pursuant to this subdivision shall be  effective on the first day of January of each year.   3. So far as practicable and subject to the approval of the mayor, the services  of  all  other  city  departments  and  agencies shall be made available by their respective heads to the board for the carrying out of the functions stated in this title. The head of any department or agency shall furnish information in the possession of such department or agency when the board, after consultation with the mayor, so requests.