N.Y. Real Property Tax Law § 499-a: Definitions

§ 499-a. Definitions. When used in this title, the following terms

shall mean or include:

1. "Abatement base." The lesser of (a) two dollars and fifty cents of

the tax liability per square foot or (b) fifty per centum of the tax

liability per square foot; provided, however, that with respect to a

lease commencing on or after April first, nineteen hundred ninety-seven,

the abatement base shall equal the tax liability per square foot subject

to a maximum of two dollars and fifty cents per square foot.

2. "Abatement zone." Any area of a city having a population of one

million or more, provided that in the city of New York the abatement

zone shall be the area in the borough of Manhattan bounded by Murray

Street on the north starting at the intersection of West Street and

Murray Street; running easterly along the center line of Murray Street,

connecting through City Hall Park with the center line of Frankfort

Street and running easterly along the center lines of Frankfort and

Dover Streets to the intersection of Dover Street and South Street;

running southerly along the center line of South Street to Peter Minuit

Plaza; connecting through Peter Minuit Plaza to the center line of State

Street and running northwesterly along the center line of State Street

to the intersection of State Street and Battery Place; running westerly

along the center line of Battery Place to the intersection of Battery

Place and West Street; and running northerly along the center line of

West Street to the intersection of West Street and Murray Street. Any

tax lot which is partly located inside the abatement zone shall be

deemed to be entirely located inside such area.

3. "Aggregate floor area." The sum of the gross areas of the several

floors of a building, measured from the exterior faces of exterior walls

or from the center lines of walls separating two buildings.

4. "Applicant." The landlord and the tenant.

5. "Benefit period." The period commencing with the first day of the

month immediately following the rent commencement date and terminating

no later than sixty months thereafter, provided, however, that with

respect to a lease commencing on or after April first, nineteen hundred

ninety-seven with an initial lease term of less than five years, but not

less than three years, the period commencing with the first day of the

month immediately following the rent commencement date and terminating

no later than thirty-six months thereafter. Notwithstanding the

foregoing sentence, a benefit period shall expire no later than March

thirty-first, two thousand thirty-four.

6. "Billable assessed value." The lesser of the taxable transitional

or the taxable actual assessed value of the eligible building and the

land on which the eligible building is located for the fiscal year in

which the benefit period commences, as computed pursuant to subdivision

three of section one thousand eight hundred five of this chapter.

7. "Department of finance." The department of finance of any city

having a population of one million or more.

8. "Eligible building." A non-residential or mixed-use building

located in the abatement zone which received its initial certificate of

occupancy or initial temporary certificate of occupancy prior to January

first, nineteen hundred seventy-five; provided that if no certificate of

occupancy was required at the time the building was constructed, other

proof acceptable to the department of finance is submitted which

demonstrates that the building was constructed prior to January first,

nineteen hundred seventy-five; and provided further that eligible

building shall not include any building owned by a governmental agency.

Each condominium unit in a building which meets the requirements of this

subdivision shall be considered a separate eligible building.

9. "Eligibility period." The period commencing April first, nineteen

hundred ninety-five and terminating March thirty-first, two thousand

twenty-eight.

10. "Eligible premises." Premises located in an eligible building

which (a) are (i) occupied or used as offices (including ancillary

uses); or (ii) occupied or used as retail space; or (iii) occupied or

used as a private elementary or secondary school and (b) are occupied or

used by a tenant under a lease which meets the eligibility requirements

of section four hundred ninety-nine-c of this title.

11. "Expansion premises." Eligible premises leased by an expansion

tenant to accommodate additional employees.

12. "Expansion tenant." A person who (a) occupies premises in an

eligible building under a lease which does not expire during the

eligibility period and (b) executes a lease for expansion premises in

such eligible building or in another eligible building which lease meets

the eligibility requirements of section four hundred ninety-nine-c of

this title. For purposes of determining whether expansion premises are

located in the same or in another eligible building, the last sentence

of subdivision eight of this section shall not be applicable.

13. "Fiscal year." The fiscal year of any city having a population of

one million or more.

14. "Governmental agency." The United States of America or any agency

or instrumentality thereof, the state of New York, the city of New York,

any public corporation (including a body corporate and politic created

pursuant to agreement or compact between the state of New York and any

other state), public benefit corporation, public authority or other

political subdivision of the state.

15. "Landlord." Any person who (a) controls all non-residential

portions of an eligible building, including, without limitation, the

record owner, the lessee under a ground lease, any mortgagee in

possession or any receiver, and (b) who grants the right to use or

occupy eligible premises to any tenant, provided that landlord shall not

include any lessee who at any time during the lease term occupied or

used or occupies or uses any part of the non-residential portions of

such eligible building, other than premises occupied or used by such

lessee to provide rental or management services to such building.

16. "Lease commencement date." The date set forth in the lease on

which the term of the lease commences.

17. "Mixed-use building." A building used for both residential and

commercial purposes, provided that more than twenty-five per centum of

the aggregate floor area of such building is used or held out for use as

commercial, community facility or accessory use space.

18. "New tenant." A person who (a) (i) is relocating or expanding from

premises in a relocation area to eligible premises, or (ii) occupies

premises in an eligible building under a lease which expires during the

eligibility period and is relocating or expanding to eligible premises,

or (iii) occupies premises in the abatement zone in a building which is

not an eligible building and is relocating or expanding to eligible

premises, or (iv) does not occupy any premises immediately prior to

executing a lease for eligible premises, or (v) is an owner of a

building in the abatement zone who is relocating or expanding to

eligible premises, and (b) executes a lease which meets the eligibility

requirements of section four hundred ninety-nine-c of this title.

19. "Person." An individual, corporation, limited liability company,

partnership, association, agency, trust, estate, foreign or domestic

government or subdivision thereof, or other entity.

20. "Relocation area." The area in the borough of Manhattan south of

the center line of 96th Street or any area outside the city of New York;

provided that the abatement zone shall not be a relocation area.

21. "Renewal tenant." A person who (a) occupies premises in an

eligible building under a lease which expires during the eligibility

period and (b) executes a lease for the continued occupancy of all or

part of such premises or all or part of such premises and additional

premises in such eligible building, provided such premises are eligible

premises and such lease meets the eligibility requirements of section

four hundred ninety-nine-c of this title.

22. "Rent commencement date." The date set forth in the lease on which

the obligation to pay basic fixed rent shall commence.

23. "Subtenant." A person whose right to occupy and use the eligible

premises is not derived from a lease with the landlord.

24. "Tax commission." The tax commission in any city having a

population of one million or more.

25. "Tax liability." The product obtained by multiplying the billable

assessed value for the fiscal year in which the benefit period commences

by the tax rate applicable to the eligible building for such fiscal year

as set by the local legislative body of any city having a population of

one million or more.

26. "Tax liability per square foot." The tax liability divided by the

total number of square feet in the eligible building, as listed on the

records of the department of finance.

27. "Tenant." A person (including any successors in interest) who

executes a lease with the landlord for the right to occupy or use the

eligible premises and who occupies or uses the eligible premises

pursuant to such lease. Tenant shall not include any subtenant. When

used in this title, "tenant" includes "expansion tenant," "new tenant"

and "renewal tenant."

28. "Tenant's percentage share." The percentage of the eligible

building's aggregate floor area allocated to the eligible premises,

which shall be presumed to be such percentage as set forth in the lease

for the eligible premises; provided that where the eligible premises

includes expansion premises, the "tenant's percentage share" shall be

calculated on the basis of the percentage of the eligible building's

aggregate floor area allocated solely to the expansion premises.