§ 489-DDDD — Eligibility for benefits

§ 489-dddd. Eligibility for benefits. 1. A recipient of a certificate\nof eligibility with an effective date of June thirtieth, nineteen\nhundred ninety-two or before must make one-half the minimum required\nexpenditure within eighteen months of the effective date of such\nrecipient's certificate of eligibility, and make the minimum required\nexpenditure within thirty-six months of the effective date of such\ncertificate to be eligible to receive the benefits of this title. A\nrecipient of a certificate of eligibility with an effective date of July\nfirst, nineteen hundred ninety-two or after must make one-half the\nminimum required expenditure within thirty months of the effective date\nof such recipient's certificate of eligibility, and make the minimum\nrequired expenditure within sixty months of the effective date of such\ncertificate to be eligible to receive the benefits of this title;\nprovided, however, that a recipient of a certificate of eligibility for\nrenovation construction work for property located in the renovation\nexemption area specified in subparagraph (ii) of paragraph (d) of\nsubdivision five of section four hundred eighty-nine-cccc of this title\nmust make one-half the minimum required expenditure within eighteen\nmonths of the effective date of such recipient's certificate of\neligibility, or by December thirty-first, nineteen hundred ninety-four,\nwhichever is earlier, and make the minimum required expenditure within\nthirty-six months of the effective date of such certificate, or by\nDecember thirty-first, nineteen hundred ninety-five, whichever is\nearlier, to be eligible to receive the benefits of this title; provided,\nfurther, however, that a recipient who filed an application for a\ncertificate of eligibility for renovation construction work for property\nlocated in the renovation exemption area specified in subparagraph (ii)\nof paragraph (d) of subdivision five of section four hundred\neighty-nine-cccc of this title on or after July first, nineteen hundred\nninety-four, but before February first, nineteen hundred ninety-five,\nmust make one-half the minimum required expenditure within eighteen\nmonths of the effective date of such certificate, or by July\nthirty-first, nineteen hundred ninety-five, whichever is earlier, and\nmake the minimum required expenditure within thirty-six months of the\neffective date of such certificate, or by July thirty-first, nineteen\nhundred ninety-six, whichever is earlier, to be eligible to receive the\nbenefits of this title provided, further, however, that a recipient who\nfiled an application for a certificate of eligibility for renovation\nconstruction work for property located in the renovation exemption area\nspecified in subparagraph (i) or (iii) of paragraph (d) of subdivision\nfive of section four hundred eighty-nine-cccc of this title on or after\nJuly first, nineteen hundred ninety-five, must make one-half the minimum\nrequired expenditure within eighteen months of the effective date of\nsuch certificate, and make the minimum required expenditure within\nthirty-six months of the effective date of such certificate, to be\neligible to receive the benefits of this title. Any recipient who shall\nfail to make such expenditures shall become ineligible and shall pay,\nwith interest, any taxes for which an exemption or deferral was claimed\npursuant to this section. This subdivision shall not apply to the\nrecipient of a certificate of eligibility for construction of a new\nbuilding or structure that meets the requirements set forth in\nsubdivision nine of section four hundred eighty-nine-dddd of this title\nin a new construction exemption area.\n 2. No benefits pursuant to this title shall be granted for\nconstruction work on any condominium unit unless such unit is in a\nbuilding or structure which, if viewed as a whole and as if it were\nunder single ownership, would qualify as commercial or industrial\nproperty. The minimum required expenditure applicable to any recipient\nof a certificate of eligibility for construction work on a condominium\nunit shall be equal to the minimum expenditure which would apply if a\ncertificate of eligibility were issued for construction work on the\nentire property where such unit is located. Nothing in this subdivision\nshall be construed to prevent owners of condominium units in the same\nproperty from forming an association to be a recipient. This subdivision\nshall not apply to any applicant whose property would be, or recipient\nwhose property is, the subject of a certificate of eligibility with an\neffective date of July first, nineteen hundred ninety-two or after.\n 3. (a) No benefits pursuant to this title shall be granted for any\nconstruction work unless the applicant filed an application for such\nbenefits on or before the date of issuance of a building permit for such\nwork. The requirements of this subdivision may be satisfied where the\napplicant's architect, contractor or other representative authorized to\nfile the application for such building permit files with the department\nof finance on behalf of the applicant a preliminary application\ncontaining such information as the department of finance shall prescribe\nby regulation.\n (b) Notwithstanding paragraph (a) of this subdivision, an applicant\nmay file an application for benefits pursuant to this title for\nrenovation construction work for property located in the areas specified\nin paragraph (c) of this subdivision, regardless of whether a building\npermit for such work was issued before such application was filed,\nprovided that such permit was not issued before January first, nineteen\nhundred ninety or after June thirtieth, nineteen hundred ninety-two, and\nprovided further that a final application is filed with, and accepted\nby, the department of finance, on or before December thirty-first,\nnineteen hundred ninety-two. The department of finance shall issue a\ncertificate of eligibility to such an applicant upon determining that\nthe applicant satisfies all other requirements of this title. The\neffective date of such certificate shall be the date of acceptance by\nthe department of finance of a final application containing such\ninformation as prescribed by rule of the department of finance. No\nbenefits pursuant to this title shall be granted for construction work\nperformed before the effective date of the recipient's certificate of\neligibility.\n (c) Pursuant to paragraph (b) of this subdivision, an applicant may\nfile an application for benefits pursuant to this title for renovation\nconstruction work for property located in the following areas in the\nborough of Manhattan lying south of 96th Street:\n (i) the area delineated by a line beginning at the point where the\ncenter line of 96th Street would intersect the East River Pierhead line\nand running westerly along the center line of 96th Street to the center\nline of Fifth Avenue; thence southerly along said center line to the\ncenter line of 59th Street; thence westerly along said center line to a\npoint one hundred fifty feet west of the center line of the Avenue of\nthe Americas; thence southerly parallel to the Avenue of the Americas to\nthe center line of 34th Street; thence easterly along said center line\nto the East River Pierhead line; thence northerly along said Pierhead\nline to the point of beginning; and\n (ii) the area delineated by a line beginning at the point where the\ncenter line of Fulton Street would intersect the East River Pierhead\nline and running westerly along the center line of Fulton Street to the\ncenter line of Church Street; thence southerly along said center line to\nthe center line of Liberty Street; thence westerly along said center\nline to the Hudson River Pierhead line; thence southerly and along said\nPierhead line to the point of beginning.\n (d) Notwithstanding paragraph (a) of this subdivision, an applicant\nmay file an application for benefits pursuant to this title for\nrenovation construction work for property located in the renovation\nexemption area specified in subparagraph (iii) of paragraph (d) of\nsubdivision five of section four hundred eighty-nine-cccc of this title\nwithin sixty days of the effective date of chapter six hundred sixty-one\nof the laws of nineteen hundred ninety-five, regardless of whether a\nbuilding permit for such work was issued before such application was\nfiled, provided that such permit was not issued before February first,\nnineteen hundred ninety-five, and provided further that a final\napplication is filed with, and accepted by, the department of finance,\non or before December thirty-first, nineteen hundred ninety-five. The\ndepartment of finance shall issue a certificate of eligibility to such\nan applicant upon determining that the applicant satisfies all other\nrequirements of this title. The effective date of such certificate shall\nbe the date of acceptance by the department of finance of a final\napplication containing such information as prescribed by rule of the\ndepartment of finance. No benefits pursuant to this title shall be\ngranted for construction work performed before the effective date of\nsuch certificate of eligibility.\n 4. No benefits pursuant to this title shall be granted to any\nrecipient for construction work on property any part of which is to be\nused for a restricted activity.\n 5. No benefits pursuant to this title shall be granted for any\nconstruction work unless the applicant shall file, together with the\napplication, an affidavit setting forth the following information:\n (a) a statement that within the seven years immediately preceding the\ndate of application for a certificate of eligibility, neither the\napplicant, nor any person owning a substantial interest in the property\nas defined in paragraph (c) of this subdivision, nor any officer,\ndirector or general partner of the applicant or such person was finally\nadjudicated by a court of competent jurisdiction to have violated\nsection two hundred thirty-five of the real property law or any section\nof article one hundred fifty of the penal law or any similar arson law\nof another state with respect to any building, or was an officer,\ndirector or general partner of a person at the time such person was\nfinally adjudicated to have violated such law; and\n (b) a statement setting forth any pending charges alleging violation\nof section two hundred thirty-five of the real property law or any\nsection of article one hundred fifty of the penal law or any similar\narson law of another jurisdiction with respect to any building by the\napplicant or any person owning a substantial interest in the property as\ndefined in paragraph (c) of this subdivision, or any officer, director\nor general partner of the applicant or such person.\n (c) "Substantial interest" as used in this subdivision shall mean\nownership and control of an interest of ten per centum or more in a\nproperty or any person owning a property.\n 6. If any person described in the statement required by paragraph (b)\nof subdivision five of this section is finally adjudicated by a court of\ncompetent jurisdiction to be guilty of any charge listed in such\nstatement, the recipient shall cease to be eligible for benefits\npursuant to this title and shall pay with interest any taxes for which\nan exemption, abatement or deferral was claimed pursuant to this title.\n 7. In addition to any other qualifications for exemption from or\nabatement or deferral of payment of taxes set forth in this title, an\napplicant must be:\n (a) obligated to pay real property tax on the property for which an\nexemption, abatement or deferral is sought, whether such obligation\narises because of record ownership of such property, or because the\nobligation to pay such tax has been assumed by contract; or\n (b) the record owner or lessee of property which is exempt from real\nproperty taxation who has entered into an agreement to sell or lease\nsuch property to another person. Such person shall be a co-applicant\nwith such owner or lessee.\n 8. A co-applicant with a public entity shall be an eligible recipient\npursuant to this title, provided that for such period as the property\nwhich is the subject of the certificate of eligibility is exempt from\nreal property taxation because it is owned or controlled by a public\nentity no benefits shall be available to such recipient, pursuant to\nthis title. Such recipient shall receive benefits pursuant to this title\nwhen such property ceases to be eligible for exemption pursuant to other\nprovisions of law, as follows: the recipient shall, commencing with the\ndate such tax exemption ceases, and continuing until the expiration of\nthe benefit period pursuant to this title, receive the benefits to which\nsuch recipient is entitled in the corresponding tax year pursuant to\nthis title.\n 9. (a)(i) No benefits pursuant to this title shall be granted for\nconstruction of a new building or structure in the new construction\nexemption area specified in paragraph (a) of subdivision six of section\nfour hundred eighty-nine-cccc of this title unless (A) construction of\nthe foundation of such building or structure has been completed within\ntwelve months of the effective date of the recipient's certificate of\neligibility, or by December thirty-first, nineteen hundred ninety-seven,\nwhichever is earlier; and (B) construction of such building or structure\nhas been completed within thirty-six months of the effective date of the\nrecipient's certificate of eligibility, or by December thirty-first,\nnineteen hundred ninety-nine, whichever is earlier.\n (ii) No benefits pursuant to this title shall be granted for\nconstruction of a new building or structure in the new construction\nexemption area specified in paragraph (b) of subdivision six of section\nfour hundred eighty-nine-cccc of this title unless: (A) construction of\nthe foundation of such building or structure has been completed within\ntwenty-four months of the effective date of the recipient's certificate\nof eligibility; and (B) construction of such building or structure has\nbeen completed within forty-two months of the effective date of the\nrecipient's certificate of eligibility.\n (iii) Notwithstanding subparagraph (i) of this paragraph, benefits\npursuant to this title may be granted for construction of a new building\nor structure in the new construction exemption area specified in\nparagraph (a) of subdivision six of section four hundred\neighty-nine-cccc of this title, provided that (A) construction of the\nfoundation of such building or structure has been completed by December\nthirty-first, nineteen hundred ninety-eight; (B) construction of such\nbuilding or structure has been completed by December thirty-first, two\nthousand; (C) such building or structure is located in the portion of\nsuch new construction exemption area lying south of the center line of\n34th Street; and (D) the applicant meets all other eligibility\nrequirements for benefits pursuant to this title, including, but not\nlimited to, the requirement that an application for a certificate of\neligibility for construction of such new building or structure shall\nhave been made before January first, nineteen hundred ninety-seven.\n (iv) No benefits pursuant to this title shall be granted for\nconstruction of a new building or structure in the new construction\nexemption area specified in paragraph (c) of subdivision six of section\nfour hundred eighty-nine-cccc of this title unless (A) construction of\nthe foundation of such building or structure has been completed within\ntwenty-four months of the effective date of the recipient's certificate\nof eligibility; and (B) construction of such building or structure has\nbeen completed within forty-two months of the effective date of the\nrecipient's certificate of eligibility.\n (b) No benefits pursuant to this title shall be granted for\nconstruction of a new building or structure in a new construction\nexemption area unless such building or structure meets the requirements\nset forth in subparagraphs (i) and (ii) of this paragraph and, in\naddition, meets at least two of the five requirements set forth in\nsubparagraphs (iii) through (vii) of this paragraph.\n (i) The height of at least fifty per centum of the floors in such\nbuilding or structure shall be not less than twelve feet, nine inches\nmeasured from the top of the slab comprising the floor to the bottom of\nthe slab comprising the ceiling, provided, however, that in the case of\na new building or structure that is eligible for benefits pursuant to\nsubparagraph (iii) of paragraph (a) of this subdivision, the height of\nat least forty per centum of the floors in such building or structure\nshall be not less than twelve feet, nine inches measured from the top of\nthe slab comprising the floor to the bottom of the slab comprising the\nceiling;\n (ii) Such building or structure shall be served by fiber-optic\ntelecommunications wiring and shall contain vertical penetrations for\nthe distribution of fiber optic cabling to individual tenants on each\nfloor;\n (iii) The total square footage of such building or structure is not\nless than five hundred thousand gross square feet;\n (iv) A minimum of two hundred thousand gross square feet or\ntwenty-five per centum of such building or structure is comprised of\nfloors of not less than forty thousand gross square feet;\n (v) At least ten per centum of the gross square footage of such\nbuilding or structure is comprised of floors that contain no more than\neight structural columns, excluding any columns within the core or on\nthe periphery of such building or structure;\n (vi) The electrical capacity of such building or structure is not less\nthan six watts per net square foot;\n (vii) Emergency backup power sufficient to accommodate a need of six\nwatts per net square foot is available in at least two hundred thousand\ngross square feet or twenty-five per centum of such building or\nstructure.\n 10. No benefits pursuant to this title shall be granted for\nconstruction work performed pursuant to a building permit issued after\nJuly thirty-first, two thousand eight, except that if a building permit\nis issued on or before July thirty-first, two thousand eight for\nconstruction work on a building or structure described in an application\nfor a certificate of eligibility filed on or before June thirtieth, two\nthousand eight, construction work performed as described in such\napplication pursuant to any additional building permit issued on or\nafter August first, two thousand eight shall be eligible for benefits\npursuant to this title in accordance with this subdivision.\n (a) Except as provided in paragraph (b) of this subdivision, all\nconstruction work performed pursuant to any such application shall be\ncompleted on or before December thirty-first, two thousand thirteen. No\nbenefits shall be granted for construction work performed after such\ndate, and any exemption granted pursuant to this title in relation to\nproperty on which such construction work was performed shall not exceed\nthe amount of the exemption in effect for such property on the tax roll\nfor which the taxable status date is January fifth, two thousand\nfourteen.\n (b) All construction work performed pursuant to any such application\nfor the construction of a new building or structure in the new\nconstruction exemption area specified in paragraph (c) of subdivision\nsix of section four hundred eighty-nine-cccc of this title shall be\ncompleted in accordance with subparagraph (iv) of paragraph (a) of\nsubdivision nine of this section and, if not completed in accordance\nwith such subparagraph, shall not be eligible for benefits pursuant to\nthis title.\n (c) For purposes of this subdivision, construction work as described\nin an application for a certificate of eligibility shall be deemed\ncompleted on the date on which the department of buildings of a city\nthat has enacted a local law pursuant to this title issues a temporary\nor final certificate of occupancy or, if such construction work does not\nrequire the issuance of a certificate of occupancy, the date on which\nthe applicant and the applicant's architect or professional engineer for\nsuch construction work submit to the department of finance an affidavit\ncertifying that such construction work has been completed. For purposes\nof this subdivision, a demolition permit shall be deemed to be a\nbuilding permit issued for construction work.\n