N.Y. Real Property Tax Law § 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.