N.Y. Real Property Tax Law § 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.