2023 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.