2023 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.