2023 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.