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-DDDD - Eligibility for Benefits.

§  489-dddd. Eligibility for benefits. 1. A recipient of a certificate
of eligibility with  an  effective  date  of  June  thirtieth,  nineteen
hundred  ninety-two  or  before  must make one-half the minimum required
expenditure within  eighteen  months  of  the  effective  date  of  such
recipient's  certificate  of  eligibility, and make the minimum required
expenditure within thirty-six months  of  the  effective  date  of  such
certificate  to  be  eligible  to  receive the benefits of this title. A
recipient of a certificate of eligibility with an effective date of July
first, nineteen hundred ninety-two  or  after  must  make  one-half  the
minimum  required expenditure within thirty months of the effective date
of such recipient's certificate of eligibility,  and  make  the  minimum
required  expenditure  within sixty months of the effective date of such
certificate to be eligible  to  receive  the  benefits  of  this  title;
provided,  however, that a recipient of a certificate of eligibility for
renovation construction work for  property  located  in  the  renovation
exemption  area  specified  in  subparagraph  (ii)  of  paragraph (d) of
subdivision five of section four hundred eighty-nine-cccc of this  title
must  make  one-half  the  minimum  required expenditure within eighteen
months  of  the  effective  date  of  such  recipient's  certificate  of
eligibility,  or by December thirty-first, nineteen hundred ninety-four,
whichever is earlier, and make the minimum required  expenditure  within
thirty-six  months  of  the  effective  date  of such certificate, or by
December  thirty-first,  nineteen  hundred  ninety-five,  whichever   is
earlier, to be eligible to receive the benefits of this title; provided,
further,  however,  that  a  recipient  who  filed  an application for a
certificate of eligibility for renovation construction work for property
located in the renovation exemption area specified in subparagraph  (ii)
of   paragraph   (d)   of  subdivision  five  of  section  four  hundred
eighty-nine-cccc of this title on or after July first, nineteen  hundred
ninety-four,  but  before  February first, nineteen hundred ninety-five,
must make one-half the  minimum  required  expenditure  within  eighteen
months   of   the  effective  date  of  such  certificate,  or  by  July
thirty-first, nineteen hundred ninety-five, whichever  is  earlier,  and
make  the  minimum  required expenditure within thirty-six months of the
effective date of such certificate, or by  July  thirty-first,  nineteen
hundred  ninety-six, whichever is earlier, to be eligible to receive the
benefits of this title provided, further, however, that a recipient  who
filed  an  application  for  a certificate of eligibility for renovation
construction work for property located in the renovation exemption  area
specified  in  subparagraph (i) or (iii) of paragraph (d) of subdivision
five of section four hundred eighty-nine-cccc of this title on or  after
July first, nineteen hundred ninety-five, must make one-half the minimum
required  expenditure  within  eighteen  months of the effective date of
such certificate, and  make  the  minimum  required  expenditure  within
thirty-six  months  of  the  effective  date  of such certificate, to be
eligible to receive the benefits of this title. Any recipient who  shall
fail  to  make  such expenditures shall become ineligible and shall pay,
with interest, any taxes for which an exemption or deferral was  claimed
pursuant  to  this  section.  This  subdivision  shall  not apply to the
recipient of a certificate of eligibility  for  construction  of  a  new
building   or  structure  that  meets  the  requirements  set  forth  in
subdivision nine of section four hundred eighty-nine-dddd of this  title
in a new construction exemption area.
2.   No   benefits  pursuant  to  this  title  shall  be  granted  for
construction work on any condominium unit  unless  such  unit  is  in  a
building  or  structure  which,  if  viewed as a whole and as if it were
under single  ownership,  would  qualify  as  commercial  or  industrial
property.  The  minimum required expenditure applicable to any recipient

of a certificate of eligibility for construction work on  a  condominium
unit  shall  be  equal to the minimum expenditure which would apply if a
certificate of eligibility were issued  for  construction  work  on  the
entire  property where such unit is located. Nothing in this subdivision
shall be construed to prevent owners of condominium units  in  the  same
property from forming an association to be a recipient. This subdivision
shall  not  apply to any applicant whose property would be, or recipient
whose property is, the subject of a certificate of eligibility  with  an
effective date of July first, nineteen hundred ninety-two or after.
3.  (a)  No  benefits  pursuant to this title shall be granted for any
construction work unless the applicant filed  an  application  for  such
benefits on or before the date of issuance of a building permit for such
work.  The  requirements  of this subdivision may be satisfied where the
applicant's architect, contractor or other representative authorized  to
file  the application for such building permit files with the department
of  finance  on  behalf  of  the  applicant  a  preliminary  application
containing such information as the department of finance shall prescribe
by regulation.
(b)  Notwithstanding  paragraph  (a) of this subdivision, an applicant
may file  an  application  for  benefits  pursuant  to  this  title  for
renovation construction work for property located in the areas specified
in  paragraph  (c) of this subdivision, regardless of whether a building
permit for such work was  issued  before  such  application  was  filed,
provided  that such permit was not issued before January first, nineteen
hundred ninety or after June thirtieth, nineteen hundred ninety-two, and
provided further that a final application is filed  with,  and  accepted
by,  the  department  of  finance,  on  or before December thirty-first,
nineteen hundred ninety-two. The department of  finance  shall  issue  a
certificate  of  eligibility  to such an applicant upon determining that
the applicant satisfies  all  other  requirements  of  this  title.  The
effective  date  of  such certificate shall be the date of acceptance by
the department  of  finance  of  a  final  application  containing  such
information  as  prescribed  by  rule  of  the department of finance. No
benefits pursuant to this title shall be granted for  construction  work
performed  before  the  effective date of the recipient's certificate of
eligibility.
(c) Pursuant to paragraph (b) of this subdivision,  an  applicant  may
file  an  application for benefits pursuant to this title for renovation
construction work for property located in the  following  areas  in  the
borough of Manhattan lying south of 96th Street:
(i)  the  area  delineated  by a line beginning at the point where the
center line of 96th Street would intersect the East River Pierhead  line
and  running westerly along the center line of 96th Street to the center
line of Fifth Avenue; thence southerly along said  center  line  to  the
center  line of 59th Street; thence westerly along said center line 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
the  center  line of 34th Street; thence easterly along said center line
to the East River Pierhead line; thence northerly  along  said  Pierhead
line to the point of beginning; and
(ii)  the  area  delineated by a line beginning at the point where the
center line of Fulton Street would intersect  the  East  River  Pierhead
line  and running westerly along the center line of Fulton Street to the
center line of Church Street; thence southerly along said center line to
the center line of Liberty Street; thence  westerly  along  said  center
line  to the Hudson River Pierhead line; thence southerly and along said
Pierhead line to the point of beginning.
(d) Notwithstanding paragraph (a) of this  subdivision,  an  applicant
may  file  an  application  for  benefits  pursuant  to  this  title for
renovation construction work for  property  located  in  the  renovation
exemption  area  specified  in  subparagraph  (iii)  of paragraph (d) of
subdivision  five of section four hundred eighty-nine-cccc of this title
within sixty days of the effective date of chapter six hundred sixty-one
of the laws of nineteen hundred ninety-five,  regardless  of  whether  a
building  permit  for  such  work was issued before such application was
filed, provided that such permit was not issued before  February  first,
nineteen   hundred  ninety-five,  and  provided  further  that  a  final
application is filed with, and accepted by, the department  of  finance,
on  or  before  December thirty-first, nineteen hundred ninety-five. The
department of finance shall issue a certificate of eligibility  to  such
an  applicant  upon  determining  that the applicant satisfies all other
requirements of this title. The effective date of such certificate shall
be the date of acceptance by  the  department  of  finance  of  a  final
application  containing  such  information  as prescribed by rule of the
department of finance. No benefits  pursuant  to  this  title  shall  be
granted  for  construction  work  performed before the effective date of
such certificate of eligibility.
4. No benefits  pursuant  to  this  title  shall  be  granted  to  any
recipient  for  construction work on property any part of which is to be
used for a restricted activity.
5. No benefits pursuant  to  this  title  shall  be  granted  for  any
construction  work  unless  the  applicant shall file, together with the
application, an affidavit setting forth the following information:
(a) a statement that within the seven years immediately preceding  the
date  of  application  for  a  certificate  of  eligibility, neither the
applicant, nor any person owning a substantial interest in the  property
as  defined  in  paragraph  (c)  of  this  subdivision, nor any officer,
director or general partner of the applicant or such person was  finally
adjudicated  by  a  court  of  competent  jurisdiction  to have violated
section two hundred thirty-five of the real property law or any  section
of  article  one hundred fifty of the penal law or any similar arson law
of another state with respect  to  any  building,  or  was  an  officer,
director  or  general  partner  of  a person at the time such person was
finally adjudicated to have violated such law; and
(b) a statement setting forth any pending charges  alleging  violation
of  section  two  hundred  thirty-five  of  the real property law or any
section of article one hundred fifty of the penal  law  or  any  similar
arson  law  of  another jurisdiction with respect to any building by the
applicant or any person owning a substantial interest in the property as
defined in paragraph (c) of this subdivision, or any  officer,  director
or general partner of the applicant or such person.
(c)  "Substantial  interest"  as  used  in this subdivision shall mean
ownership and control of an interest of ten per  centum  or  more  in  a
property or any person owning a property.
6.  If any person described in the statement required by paragraph (b)
of subdivision five of this section is finally adjudicated by a court of
competent jurisdiction to  be  guilty  of  any  charge  listed  in  such
statement,  the  recipient  shall  cease  to  be  eligible  for benefits
pursuant to this title and shall pay with interest any taxes  for  which
an exemption, abatement or deferral was claimed pursuant to this title.
7.  In  addition  to  any  other  qualifications for exemption from or
abatement or deferral of payment of taxes set forth in  this  title,  an
applicant must be:
(a)  obligated  to  pay real property tax on the property for which an
exemption, abatement or deferral  is  sought,  whether  such  obligation

arises  because  of  record  ownership  of such property, or because the
obligation to pay such tax has been assumed by contract; or
(b)  the  record owner or lessee of property which is exempt from real
property taxation who has entered into an agreement  to  sell  or  lease
such  property  to  another  person. Such person shall be a co-applicant
with such owner or lessee.
8. A co-applicant with a public entity shall be an eligible  recipient
pursuant  to  this  title, provided that for such period as the property
which is the subject of the certificate of eligibility  is  exempt  from
real  property  taxation  because  it is owned or controlled by a public
entity no benefits shall be available to  such  recipient,  pursuant  to
this title. Such recipient shall receive benefits pursuant to this title
when such property ceases to be eligible for exemption pursuant to other
provisions  of law, as follows: the recipient shall, commencing with the
date such tax exemption ceases, and continuing until the  expiration  of
the benefit period pursuant to this title, receive the benefits to which
such  recipient  is  entitled  in the corresponding tax year pursuant to
this title.
9. (a)(i) No benefits pursuant to this  title  shall  be  granted  for
construction  of  a  new  building  or structure in the new construction
exemption area specified in paragraph (a) of subdivision six of  section
four  hundred  eighty-nine-cccc of this title unless (A) construction of
the foundation of such building or structure has been  completed  within
twelve  months  of  the effective date of the recipient's certificate of
eligibility, or by December thirty-first, nineteen hundred ninety-seven,
whichever is earlier; and (B) construction of such building or structure
has been completed within thirty-six months of the effective date of the
recipient's certificate of eligibility,  or  by  December  thirty-first,
nineteen hundred ninety-nine, whichever is earlier.
(ii)  No  benefits  pursuant  to  this  title  shall  be  granted  for
construction of a new building or  structure  in  the  new  construction
exemption  area specified in paragraph (b) of subdivision six of section
four hundred eighty-nine-cccc of this title unless: (A) construction  of
the  foundation  of such building or structure has been completed within
twenty-four months of the effective date of the recipient's  certificate
of  eligibility;  and (B) construction of such building or structure has
been completed within forty-two months of  the  effective  date  of  the
recipient's certificate of eligibility.
(iii)  Notwithstanding  subparagraph  (i)  of this paragraph, benefits
pursuant to this title may be granted for construction of a new building
or structure  in  the  new  construction  exemption  area  specified  in
paragraph   (a)   of   subdivision   six   of   section   four   hundred
eighty-nine-cccc of this title, provided that (A)  construction  of  the
foundation  of such building or structure has been completed by December
thirty-first, nineteen hundred ninety-eight; (B)  construction  of  such
building  or  structure has been completed by December thirty-first, two
thousand; (C) such building or structure is located in  the  portion  of
such  new  construction exemption area lying south of the center line of
34th  Street;  and  (D)  the  applicant  meets  all  other   eligibility
requirements  for  benefits  pursuant  to this title, including, but not
limited to, the requirement that an application  for  a  certificate  of
eligibility  for  construction  of  such new building or structure shall
have been made before January first, nineteen hundred ninety-seven.
(iv)  No  benefits  pursuant  to  this  title  shall  be  granted  for
construction  of  a  new  building  or structure in the new construction
exemption area specified in paragraph (c) of subdivision six of  section
four  hundred  eighty-nine-cccc of this title unless (A) construction of
the foundation of such building or structure has been  completed  within

twenty-four  months of the effective date of the recipient's certificate
of eligibility; and (B) construction of such building or  structure  has
been  completed  within  forty-two  months  of the effective date of the
recipient's certificate of eligibility.
(b)   No  benefits  pursuant  to  this  title  shall  be  granted  for
construction of a new  building  or  structure  in  a  new  construction
exemption  area unless such building or structure meets the requirements
set forth in subparagraphs (i)  and  (ii)  of  this  paragraph  and,  in
addition,  meets  at  least  two  of  the five requirements set forth in
subparagraphs (iii) through (vii) of this paragraph.
(i) The height of at least fifty per centum  of  the  floors  in  such
building  or  structure  shall be not less than twelve feet, nine inches
measured from the top of the slab comprising the floor to the bottom  of
the  slab comprising the ceiling, provided, however, that in the case of
a new building or structure that is eligible for  benefits  pursuant  to
subparagraph  (iii)  of paragraph (a) of this subdivision, the height of
at least forty per centum of the floors in such  building  or  structure
shall be not less than twelve feet, nine inches measured from the top of
the  slab  comprising the floor to the bottom of the slab comprising the
ceiling;
(ii) Such  building  or  structure  shall  be  served  by  fiber-optic
telecommunications  wiring  and  shall contain vertical penetrations for
the distribution of fiber optic cabling to individual  tenants  on  each
floor;
(iii)  The  total  square footage of such building or structure is not
less than five hundred thousand gross square feet;
(iv)  A  minimum  of  two  hundred  thousand  gross  square  feet   or
twenty-five  per  centum  of  such building or structure is comprised of
floors of not less than forty thousand gross square feet;
(v) At least ten per centum  of  the  gross  square  footage  of  such
building  or  structure is comprised of floors that contain no more than
eight structural columns, excluding any columns within the  core  or  on
the periphery of such building or structure;
(vi) The electrical capacity of such building or structure is not less
than six watts per net square foot;
(vii)  Emergency  backup power sufficient to accommodate a need of six
watts per net square foot is available in at least two hundred  thousand
gross  square  feet  or  twenty-five  per  centum  of  such  building or
structure.
10.  No  benefits  pursuant  to  this  title  shall  be  granted   for
construction  work  performed pursuant to a building permit issued after
July thirty-first, two thousand eight, except that if a building  permit
is  issued  on  or  before  July  thirty-first,  two  thousand eight for
construction work on a building or structure described in an application
for a certificate of eligibility filed on or before June thirtieth,  two
thousand  eight,  construction  work  performed  as  described  in  such
application pursuant to any additional  building  permit  issued  on  or
after  August  first,  two thousand eight shall be eligible for benefits
pursuant to this title in accordance with this subdivision.
(a) Except as provided in  paragraph  (b)  of  this  subdivision,  all
construction  work  performed  pursuant to any such application shall be
completed on or before December thirty-first, two thousand thirteen.  No
benefits  shall  be  granted  for construction work performed after such
date, and any exemption granted pursuant to this title  in  relation  to
property  on which such construction work was performed shall not exceed
the amount of the exemption in effect for such property on the tax  roll
for  which  the  taxable  status  date  is  January  fifth, two thousand
fourteen.
(b) All construction work performed pursuant to any  such  application
for  the  construction  of  a  new  building  or  structure  in  the new
construction exemption area specified in paragraph  (c)  of  subdivision
six  of  section  four  hundred  eighty-nine-cccc of this title shall be
completed  in  accordance  with  subparagraph  (iv)  of paragraph (a) of
subdivision nine of this section and, if  not  completed  in  accordance
with  such  subparagraph, shall not be eligible for benefits pursuant to
this title.
(c) For purposes of this subdivision, construction work  as  described
in  an  application  for  a  certificate  of eligibility shall be deemed
completed on the date on which the department of  buildings  of  a  city
that  has  enacted a local law pursuant to this title issues a temporary
or final certificate of occupancy or, if such construction work does not
require the issuance of a certificate of occupancy, the  date  on  which
the applicant and the applicant's architect or professional engineer for
such  construction work submit to the department of finance an affidavit
certifying that such construction work has been completed. For  purposes
of  this  subdivision,  a  demolition  permit  shall  be  deemed to be a
building permit issued for construction work.