2023 New York Laws › MIL - Military › Article 9 - Armories › 180-A - Lease and Operation of Seventh Regiment Armory.

§   180-a.   Lease  and  operation  of  seventh  regiment  armory.  1.
Definitions.  (a) "Adjutant general" shall mean adjutant general of  the
state of New York.
(b) "Armory" shall mean the seventh regiment armory located at 101-129
East 66th street, 100-126 East 67th street, 888-898 Lexington avenue and
641-649  Park  avenue,  in the county of New York, state of New York and
identified as Block 1401, Lot 1 on the tax map of the city of  New  York
bounded  by Park and Lexington avenues and Sixty-sixth and Sixty-seventh
streets.
(c) "City lease" shall mean collectively, the leases  dated  September
23,  1874  and  April  23,  1879  by and between the mayor, aldermen and
commonality of the city of New York to the field officers of the seventh
regiment.
(d) "Division" shall mean the state division  of  military  and  naval
affairs, established by article nine of the executive law.
(e)  "Lease"  shall mean a lease for a term of up to ninety-nine years
to  be  entered  into  between  the  state,  acting  through  the  urban
development  corporation,  as lessor, and the lessee, as tenant, leasing
the armory or portions thereof.
(f) "Lessee" shall  mean  the  tenant,  a  not-for-profit  corporation
dedicated  to  the preservation of the armory as a historical, civic and
cultural facility for the community, which is party to a lease with  the
state,  acting  through  the  urban development corporation as landlord,
leasing the armory or portions thereof.
(g) "Management agreement" shall mean an agreement to be entered  into
by   the  state,  acting  through  the  urban  development  corporation,
providing for the management of the armory  on  a  short-term  basis  on
behalf  of the state as part of the routine or continuing administration
and management of the armory.
(h) "Military use" shall mean during periods which are not periods  of
civil  or  military emergency, use of a portion of the armory containing
approximately twenty-one hundred square feet, or such lesser area as the
division may determine, located in the portion of the  armory  which  is
not a designated New York city landmark (i.e., not in the historic rooms
located  on  the first and second floors or the drill hall), for offices
or administrative functions of the division, and  use  by  the  division
during any periods of civil or military emergency.
(i)  "Periods  of  civil  or military emergency" shall mean any period
during which an order of the adjutant general directing a response to  a
civil  or  military emergency is in effect. Said order shall have effect
in relation to this section only  in  the  event  of  an  order  by  the
adjutant  general  specifically  asserting  control  of areas within the
armory.
(j) "Shelter use" shall mean use during periods which are not  periods
of  civil  or  military  emergency,  the city of New York shall have the
right to access and use sufficient and suitable space  for  the  current
and  uninterrupted  operation of the shelter by the city of New York, as
well as usual and customary building services and  utilities,  including
but  not  limited  to heat, water and electric, for use as a shelter for
homeless persons.
(k) "Urban development corporation" shall  mean  the  New  York  state
urban  development  corporation,  a  public  benefit  corporation of the
state, doing business as the empire state development corporation.
2. State ownership of facility and fixtures.  (a)  The  state,  acting
through  the  division, is and shall be recognized as and declared to be
the lawful successor to the interest of the lessee under the city lease.
No other person or party, whether through claims or entitlements of past
or continuing use, occupancy, improvement or otherwise, is or  shall  be

recognized  as  having  any lawful rights in respect of the armory other
than as may be expressly granted by,  and  subject  to,  the  applicable
subdivisions of section one hundred eighty-three of this article.
(b)  All  improvements,  betterments,  fixtures, equipment, ornaments,
decorative elements, and similar items affixed or attached to the armory
building (i.e., all items other than moveable personal property which is
not affixed to the walls or other parts  of  the  building)  are  hereby
recognized  and  declared  to  be  an  integral  part  of the armory and
property of the state, and any  and  all  persons  who  have  heretofore
installed or paid for the installation of any of the foregoing items are
deemed  to  have  donated  such items to the state as of the time of the
installation of such items in the armory.
3. Lease and operation of armory; certain provisions of  this  chapter
not  applicable.  (a)  Except  with  respect to expenditures made by the
state or the division in connection with military use or  the  operation
of  the  armory  during  a  period  of  civil or military emergency, the
following provisions of this article shall  not  apply  to  the  repair,
restoration,  refurbishment  or  operation of the armory pursuant to the
lease or the management agreement: section  one  hundred  seventy-eight,
subdivisions two and three of section one hundred eighty and section one
hundred eighty-one.
(b)  The  provisions of section one hundred eighty-two of this article
shall apply only with respect to military use of  the  portions  of  the
armory not demised under the lease, and with respect to periods of civil
or  military  emergency,  and  shall  not apply to the operations of the
armory under the lease or the management agreement.
(c) Except with respect to military use and during periods of civil or
military emergency, section one hundred  eighty-three  of  this  article
shall not apply to the operations of the armory pursuant to the lease or
the  management  agreement. The following provisions shall apply in lieu
of such section one hundred eighty-three:
(i) On application of any of the associations of veterans described in
paragraph b of subdivision one of such section one hundred eighty-three,
the lessee or the manager  pursuant  to  the  terms  of  the  management
agreement  shall  provide a proper and convenient room or rooms or other
appropriate space in the armory where such posts or  chapters  may  hold
regular  and  special  meetings  and  organizational  social events of a
private nature, without the payment of any charge or  expense  therefor,
provided  that such use does not interfere with the use by the lessee or
the manager pursuant to the terms of the management agreement, including
any use by third parties contracted for under subparagraph (ii) of  this
paragraph.
(ii)  The  armory  may  be  used  by  any  person,  firm, association,
corporation, or municipal  entity,  provided  that  such  person,  firm,
association  or  corporation enters into an agreement with the lessee or
the manager pursuant to the terms of the management agreement permitting
such use. The terms of any agreement entered into between the lessee  or
the manager pursuant to the terms of the management agreement and a user
shall  provide  for  such  usage to cease during any periods of civil or
military emergency.
(d) The provisions of sections one hundred  eighty-five,  one  hundred
eighty-six  and one hundred eighty-seven of this article shall not apply
to the armory.
(e) The management agreement and lease shall not apply to shelter use.
Shelter use shall be governed by a separate agreement between  the  city
of  New  York,  the  lessee  and  the  state  of New York; such separate
agreement shall be executed prior to the execution of the lease.