NY Arts & Cult Aff L § 20.03 (2021)
2021 New York Laws ACA - Arts and Cultural Affairs Title E - New York State Cultural Resources Act Article 20 - New York State Cultural Resources Act 20.03 - General Definitions.

§ 20.03. General  definitions.  As used or referred to in this article   and in any special law creating a trust for cultural  resources,  except   as  otherwise  provided  in such law, the following terms shall have the   following meanings:1. "Board" or "board of trustees" shall mean the board of trustees  of   a trust for cultural resources.2. "Bonds  and notes" shall mean the bonds and notes issued by a trust   for cultural resources.3. "Combined-use facility" shall mean any structure or improvement and   any adjoining structures or improvements that are or are to be  designed   to   be  and  upon  completion  are  used  or  occupied  in  part  by  a   participating cultural institution and in  part  by  other  persons  who   shall  pay  tax  equivalency  payments  to the trust pursuant to section   20.13 of this  article,  any  real  property  used  or  to  be  used  in   connection   therewith,  and  any  and  all  recreational,  educational,   cultural,  office,  living,  rehearsal,  parking,  restaurant,   retail,   storage  and  other facilities necessary or desirable in connection with   the activities of the participating cultural institution or  such  other   person.4. "Convey"  shall  mean  to  convey,  grant,  sell,  license,  lease,   sublease, assign, transfer, or otherwise dispose of real  property,  and   the term "conveyance" shall mean and include the equivalent noun form of   each  such verb included within the meaning of the verb "to convey." The   terms "to convey" or "conveyance" shall not include the  creation  of  a   mortgage or other lien on real property unless such mortgage or lien has   been  foreclosed or the mortgagee or lienholder of such mortgage or lien   has taken possession of such real property.5. "Cultural  facility"  shall  mean   any   structure,   improvement,   furnishing,  equipment  or other real or personal property that is or is   to be used, owned, or occupied in whole or in part  by  a  participating   cultural  institution,  including but not limited to museums, performing   arts  centers,  public  television   and   radio   stations,   theaters,   auditoriums,  libraries,  exhibition,  performance  and rehearsal space,   galleries, artists' and dancers' studios, recording studios, and any and   all recreational,  educational,  cultural,  office,  living,  rehearsal,   parking,  restaurant,  retail, storage and other facilities necessary or   desirable  in  connection  with  the  activities  of  the  participating   cultural institution.6. "Develop"  shall  mean  to design, construct, acquire, reconstruct,   rehabilitate,  expand,  modernize,  repair  or  otherwise  improve  real   property  for  use  or conveyance, and the term "development" shall mean   and include the equivalent noun form of each such verb  included  within   the meaning of the verb "to develop."7. "Developer"  shall  mean  any  person  approved by a trust as being   qualified and eligible to enter into an agreement with a trust  for  the   development of a combined-use facility or any part or portion thereof or   a cultural facility or any part or portion thereof.8. "Exempt  real  property"  shall mean real property exempt from real   property taxation pursuant to section  four  hundred  twenty-a  or  four   hundred twenty-b of the real property tax law.9. "Governing  body" shall mean the board or body in which the general   legislative powers of a municipality or county are vested.10. "Governor" shall mean the governor of the state.11. "Institutional portion" shall  mean  the  part  or  portion  of  a   combined-use  facility  that  prior  to completion is designed to be and   upon  completion  is  used  or  occupied  by  a  participating  cultural   institution.  The  institutional portion shall include the real property   used or to be used in connection therewith; any  and  all  recreational,    educational,  cultural,  office, living, rehearsal, parking, restaurant,   retail,  storage  and  other  facilities  necessary  or   desirable   in   connection   with   the   activities   of   the  participating  cultural   institution;  and any interest in a combined-use facility which prior to   completion is designed to  be  and  upon  completion  is  owned  by,  or   conveyed  to,  a participating cultural institution jointly or in common   with a trust, a developer, or an owner, to the extent of the interest of   such participating cultural institution.12. "Mayor" shall mean the mayor or  highest  elected  official  of  a   municipality.13. "Municipality"   shall  mean  any  city  in  the  state  having  a   population of one million or more people.14. "County" shall mean any  county  in  the  state  except  a  county   located wholly within a city.15. "Non-institutional  portion"  shall  mean the part or portion of a   combined-use facility other  than  the  institutional  portion.  If  the   non-institutional   portion,   or   any  part  thereof,  consists  of  a   condominium, the consent of the trust which has  developed  or  approved   the  developer  of  such  condominium  shall  be  required  prior to any   amendment of the declaration of such condominium pursuant to subdivision   nine of section three hundred thirty-nine-n of the real property law and   prior to any amendment of the by-laws of such  condominium  pursuant  to   paragraph  (j) of subdivision one of section three hundred thirty-nine-v   of the real property law, and whether or not such trust is a unit  owner   of such condominium, it may exercise the rights of the board of managers   and an aggrieved unit owner under section three hundred thirty-nine-j of   the real property law in the case of a failure of any unit owner of such   condominium  to comply with the by-laws of such condominium and with the   rules, regulations, and decisions adopted pursuant thereto.16. "Owner" shall mean any person, other than  a  trust  for  cultural   resources,  to  whom any real property, consisting of all or any part of   the non-institutional portion of a combined-use facility, or  in  or  on   which all or any part of such portion prior to completion is designed to   be and upon completion is developed, is conveyed.17. "Participating  cultural  institution"  shall  mean  a  person de-   scribed in the special law creating a trust.18. "Not-for-profit cultural organization" shall mean a not-for-profit   corporation described in the special law creating a trust in any  county   and  which  is able to demonstrate any one of the following three proofs   of not-for-profit status: acceptance of non-profit status by the  U.  S.   treasury  department  under  section  501  (c) (3) of the U. S. internal   revenue code; filing with the board of regents of the state of New  York   pursuant  to section two hundred sixteen of the education law; or filing   with the  secretary  of  state  under  the  registration  of  charitable   organizations,  pursuant  to  section  one  hundred  seventy-two  of the   executive  law;  provided  that  such  organization  shall   have   been   incorporated  or  shall  have  made the appropriate filing at least five   years prior to the date on which the trust  approves  a  loan  for  such   organization.19. "Person"  shall mean an individual, a partnership, an association,   a joint stock company,  an  unincorporated  organization,  a  trust  (as   distinguished  from  a  trust  for  cultural  resources), a corporation,   including any public corporation, any corporation formed other than  for   profit  and  any  corporation  formed  for profit, all as classified and   defined respectively in sections sixty-five and sixty-six of the general   construction law, or a government or  political  subdivision  or  agency   thereof. 20. "Real property" shall mean any land, water, structures, buildings,   improvements  or  any  rights  or  interest  therein,  including without   limitation air, space or development rights, interests in such  property   less  than  full  title,  such  as  permanent  or  temporary  easements,   rights-of-way,  franchises,  uses,  leaseholds,  licenses, and all other   incorporeal hereditaments in every legal or equitable  estate,  interest   or  right,  and  any  and  all  other things and rights usually included   within the term "real property".21. "Special law" shall mean an act  of  the  legislature  creating  a   trust for cultural resources pursuant to this article.22. "State" shall mean the state of New York.23. "Tax-equivalency  payments" shall mean the payments required to be   made pursuant to subdivision three of section 20.13 of this article.24. "Trust for cultural resources" or  "trust"  shall  mean  a  public   benefit corporation created by special law.25. "Trustee"  shall mean a member of the board of trustees of a trust   for cultural resources.