2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-D - Tax Exemption and Deferral of Tax Payments for Certain Industrial and Commercial Properties in a City of One Million or More Persons › 489-CCCC - Temporary Commercial Incentive Area Boundary Commission; Classes of Area; Excluded Areas.

§  489-cccc.  Temporary commercial incentive area boundary commission;
classes of area; excluded areas.  1.  Any  city  enacting  a  local  law
pursuant  to  section  four hundred eighty-nine-bbbb of this title shall
establish a temporary commercial incentive area boundary  commission  to
consist  of  the deputy mayor for economic development and planning, 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  for
economic  development and planning shall be the chair of the commission.
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,
provided, however, that the total compensation paid to any  such  member
shall  not  exceed  twelve  hundred  dollars  for  any  calendar year. 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. (a) The commission  shall  meet  in  nineteen  hundred  ninety-two,
nineteen  hundred  ninety-five,  nineteen  hundred  ninety-nine  and two
thousand four to determine the boundaries of the various areas which  it
is   authorized  to  designate  pursuant  to  this  section.  The  areas
designated by the commission in  effect  as  of  December  thirty-first,
nineteen  hundred  ninety-one  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.
(b)  Not  later  than  October first of each year when areas are to be
designated, the commission shall publish a notice at least once  in  the
city's  official paper or a newspaper of general circulation in the city
setting forth the proposed boundaries of areas to be designated and  the
date,  not  earlier  than five nor later than fifteen days following the
publication of such notice, on which the commission will hold  a  public
hearing  to  hear  all persons interested in the designation of areas. A
copy of such 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 areas are to be  designated.  The  designation  shall  be
effective as provided in paragraph (d) of this subdivision.
(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 be effective as of 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 a new designation pursuant to this paragraph.
3.  The  commission may designate areas to be special exemption areas,
regular exemption areas, deferral areas, or excluded areas in accordance
with the level of benefits such commission determines to be necessary to
encourage commercial construction work in such areas, provided, however,
that designation of areas in the city of  New  York  shall  be  made  in
accordance  with  the  provisions  of subdivisions four and five of this
section.
4. (a) 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 exemption area if it determines
that market conditions in the area are such that the availability  of  a
special   exemption   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.
(b) Any other area in such city, other than the area  lying  south  of
the  center line of 96th Street, which the commission has not designated
as a special exemption area shall be a regular exemption area.
(c) In the city of New York,  on  or  after  January  first,  nineteen
hundred  ninety-two,  the  commission shall not designate any area to be
either a deferral area or an excluded area,  nor  shall  the  commission
make  any  new designation in any urban renewal area designated pursuant
to article fifteen of the general municipal law  so  as  to  reduce  the
level of benefits available pursuant to this title in such area.
(d) Notwithstanding any other provision of this title, any area in the
city of New York designated as an empire zone in accordance with article
eighteen-B  of  the  general municipal law, which the commission has not
designated as a special exemption area, shall  be  a  special  exemption
area as of July first, nineteen hundred ninety-five or as of the date of
the designation of such area as an empire zone, whichever is later.
5. (a) The following area in the borough of Manhattan shall, except as
otherwise  provided  in  paragraphs (b), (c) and (d) of this subdivision
and subdivision six of this section, be an excluded area:  the  area  in
the  borough  of Manhattan lying south of the center line of 96th Street
and north of the center line of 23rd Street.
(b) The following areas in the borough of Manhattan shall,  except  as
otherwise  provided in paragraph (d) of this subdivision and subdivision
six of this section, be  excluded  areas  as  of  July  first,  nineteen
hundred  ninety-two;  provided,  however,  that  if an application for a
certificate of eligibility has been filed  for  commercial  construction
work  in such areas on or before December thirty-first, nineteen hundred
ninety-two and the  recipient  presents  evidence  satisfactory  to  the
department  of  finance:  (i)  (A) for a new building or structure, that
construction has  been  completed  on  a  foundation,  as  described  in
approved   plans,   on   or  before  June  thirtieth,  nineteen  hundred
ninety-three; or (B) for an existing  building  or  structure,  that  at
least  five per centum of the minimum required expenditure has been made
for commercial construction work, as described in approved plans, on  or
before  June thirtieth, nineteen hundred ninety-three; and (ii) that all
other requirements of this title have been met; then, a deferral of  tax

payments   pursuant   to   subdivision  four  of  section  four  hundred
eighty-nine-bbbb of this title shall  be  granted  for  such  commercial
construction  work,  except  that  no  deferral of tax payments shall be
granted for commercial construction work on mixed-use property:
(1)  the  area  delineated  by a line beginning at the point where the
center line of 96th Street would intersect  the  Hudson  River  Pierhead
line  and  running  easterly along the center line of 96th Street to the
center line of Central Park West; thence  southerly  along  said  center
line  to  the  center  line  of  59th Street; thence westerly along said
center line to the Hudson River Pierhead line;  thence  northerly  along
said Pierhead line to the point of beginning; and
(2)  the  area  delineated  by  a  line beginning at a point where the
center line of 59th Street would intersect  with  a  point  one  hundred
fifty  feet  west  of the center line of 8th Avenue and running easterly
along the center line of 59th Street to a point one hundred  fifty  feet
west  of the center line of the Avenue of the Americas; thence southerly
parallel to the Avenue of the Americas to a point which is the  midpoint
between  the  center  line  of  42nd  Street and the center line of 41st
Street; thence westerly parallel to 41st Street to a point  one  hundred
fifty  feet  west  of  the  center  line of 8th Avenue; thence northerly
parallel to 8th Avenue to the point of beginning.
(c) The following area in the borough of Manhattan  shall,  except  as
otherwise  provided in paragraph (d) of this subdivision and subdivision
six of this section, be an excluded area as of January  first,  nineteen
hundred  ninety-three;  provided,  however, that if an application for a
certificate of eligibility has been filed  for  commercial  construction
work  in  such area on or before December thirty-first, nineteen hundred
ninety-two and the  recipient  presents  evidence  satisfactory  to  the
department  of  finance:  (i)  (A) for a new building or structure, that
construction has  been  completed  on  a  foundation,  as  described  in
approved  plans,  on  or  before December thirty-first, nineteen hundred
ninety-three; or (B) for an existing  building  or  structure,  that  at
least  five per centum of the minimum required expenditure has been made
for commercial construction work, as described in approved plans, on  or
before  December  thirty-first,  nineteen hundred ninety-three; and (ii)
that all other requirements  of  this  title  have  been  met,  then,  a
deferral  of  tax  payments pursuant to subdivision four of section four
hundred eighty-nine-bbbb  of  this  title  shall  be  granted  for  such
commercial  construction  work,  except that no deferral of tax payments
shall be granted for commercial construction work on mixed-use property:
the area delineated by a line beginning at the point  where  the  center
line of 59th Street would intersect with the Hudson River Pierhead line;
thence  southerly along said Pierhead line to the center line of Liberty
Street; thence easterly along said center line to  the  center  line  of
Church  Street;  thence  northerly  along said center line to the center
line of Fulton Street; thence easterly along said  center  line  to  the
East River Pierhead line; thence northerly along said Pierhead line to a
point  which  is the midpoint between the center line of 34th Street and
the center line of 33rd Street; thence westerly parallel to 33rd  Street
to  a point one hundred fifty feet west of the center line of the Avenue
of the Americas; thence northerly parallel to the Avenue of the Americas
to a point which is the midpoint between the center line of 42nd  Street
and  the  center  line  of 41st Street; thence westerly parallel to 41st
Street to a point one hundred fifty feet west of the center line of  8th
Avenue;  thence  northerly  parallel to 8th Avenue to the center line of
59th Street; thence westerly along said center  line  to  the  point  of
beginning.
(d)  Notwithstanding  the provisions of paragraphs (a), (b) and (c) of
this subdivision, the following areas in the borough of Manhattan  shall
be  renovation  exemption  areas: (i) as of July first, nineteen hundred
ninety-two and until June thirtieth, two thousand eight: the area in the
borough of Manhattan lying south of the center line of 23rd Street; (ii)
as  of  July  first,  nineteen  hundred  ninety-two  and  until  January
thirty-first, nineteen hundred ninety-five: the area in the  borough  of
Manhattan lying south of the center line of 96th Street and north of the
center line of 23rd Street; and (iii) as of July first, nineteen hundred
ninety-five and until June thirtieth, two thousand eight the area in the
borough  of  Manhattan lying south of the center line of 59th Street and
north of the center line of 23rd Street.
6. Notwithstanding the provisions of subdivision five of this section,
the areas in the borough of Manhattan specified in paragraphs  (a),  (b)
and  (c)  of  this subdivision, except the "Project Area" described in a
lease held by the Battery Park City Authority as tenant  and  originally
dated  as  of  November  twenty-fourth,  nineteen hundred sixty-nine and
thereafter  from  time  to  time  amended,  shall  be  new  construction
exemption  areas: (a) as of July first, nineteen hundred ninety-five and
until December thirty-first, nineteen hundred ninety-six:  the  area  in
the  borough of Manhattan lying south of the center line of 96th Street,
excluding the area specified in paragraph (b) of this  subdivision;  and
(b)  as  of  July  first,  nineteen  hundred  ninety-five and until June
thirtieth, two thousand three: 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;  and
(c)  as  of July first, two thousand three and until June thirtieth, two
thousand eight: 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, except  the
area  in  the  borough of Manhattan bounded by Church Street on the east
starting at the  intersection  of  Liberty  Street  and  Church  Street;
running  northerly  along  the  center  line  of  Church  Street  to the
intersection of Church Street and Vesey Street; running  westerly  along
the  center line of Vesey Street to the intersection of Vesey Street and
West Broadway; running northerly along the center line of West  Broadway
to  the  intersection  of  West  Broadway  and  Barclay  Street; running
westerly along the center line of Barclay Street to the intersection  of

Barclay Street and Washington Street; running southerly along the center
line  of  Washington Street to the intersection of Washington Street and
Vesey Street; running westerly along the center line of Vesey Street  to
the  intersection  of  Vesey  Street  and West Street; running southerly
along the center line of West Street to the intersection of West  Street
and  Liberty  Street;  and  running  easterly  along  the center line of
Liberty Street to the intersection of Liberty Street and Church Street.