§ 489-GGGGGG — Temporary commercial incentive area boundary commission; designation of special commercial abatement areas; excluded and renovation areas

New York § 489-GGGGGG

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 2-F: Abatement of Tax Payments For Certain Industrial and Commercial Properties In a City of One Million or More Persons
• Art. 4: Exemptions

Text

§ 489-gggggg. Temporary commercial incentive area boundary commission;\ndesignation of special commercial abatement areas; excluded and\nrenovation areas. 1. Commission members. Any city enacting a local law\npursuant to section four hundred eighty-nine-bbbbbb of this title shall\nestablish a temporary commercial incentive area boundary commission to\nconsist of a deputy mayor designated by the mayor, the commissioner of\nfinance, the chair of the city planning commission, the director of\nmanagement and budget, the borough presidents, the speaker of the city\ncouncil and a public member appointed by the mayor to serve at the\nmayor's pleasure. Each member except the public member shall have the\npower to designate an alternate to represent him or her at commission\nmeetings to exercise all the rights and powers of such member, including\nthe right to vote, provided that such designation be made in writing to\nthe chair of the commission. The deputy mayor designated by the mayor\nshall serve as commission chair. Each borough president shall be\nentitled to vote only on the designation of areas within his or her\nborough. Commission members who shall be officers or employees of such\ncity shall serve without compensation but shall be reimbursed for\nexpenses necessarily incurred in the performance of their duties. Any\nother commission member shall receive as exclusive compensation for his\nor her services one hundred dollars per diem, or another reasonable\namount as determined by the deputy mayor designated by the mayor,\nprovided, however, that the total compensation paid to any such member\nshall not exceed twelve hundred dollars for any calendar year, or\nanother reasonable amount determined by the deputy mayor designated by\nthe mayor. A majority of members of such commission entitled to vote on\na matter shall constitute a quorum for such issue. Decisions shall be\nmade by majority vote of those present entitled to vote on a matter.\nNotwithstanding any other law to the contrary, no officer or employee of\nthe state or any of its subdivisions or any public benefit corporation\nshall be deemed to have forfeited his or her office or employment or any\nbenefits provided under the retirement and social security law or under\nany public retirement system maintained by the state or any of its\nsubdivisions by reason of accepting membership on such commission.\n 2. Designation of special commercial abatement areas. (a) The\ncommission shall meet in two thousand nine or two thousand fifteen and\nat least once every five years thereafter to determine the boundaries of\nspecial commercial abatement areas which it is authorized, but not\nrequired, to designate pursuant to this section. The areas designated by\nthe commission established pursuant to title two-D of this article in\neffect as of June thirtieth, two thousand eight shall remain in effect\nuntil the first taxable status date after the local legislative body\napproves a new designation pursuant to paragraph (d) of this subdivision\nor, if the local legislative body does not approve a new designation\nbefore January first, two thousand sixteen, then, for purposes of\napplications for special commercial abatement area benefits, the areas\ndesignated by the commission established pursuant to title two-D of this\narticle in effect as of June thirtieth, two thousand eight shall remain\nin effect until December thirty-first, two thousand fifteen.\n (a-1) Notwithstanding any provision of law to the contrary, beginning\nJanuary first, two thousand twenty-six, Governor's Island shall be\ndesignated a special commercial abatement area for the purposes of this\ntitle, provided that such designation may be modified in whole or in\npart in accordance with the procedures set forth in this subdivision.\n (b) In years when special commercial abatement areas are to be\ndesignated, no later than October first, the commission shall provide\npublic notice of such designation by publishing a notice at least once\nin a newspaper of general circulation setting forth the proposed\nboundaries. Notice may also be provided electronically or in an\nelectronic medium, such as a website, in a manner the commission\ndetermines to be appropriate. Notice must be provided not earlier than\nfive nor later than fifteen days before the date of the commission's\npublic hearing to hear all persons interested in the designation of the\nareas. A copy of the notice shall be forwarded to the local legislative\nbody and each community board of the city.\n (c) The commission shall make such designation, and notify the local\nlegislative body of such designation, not later than November first of\neach year when special commercial abatement areas are to be designated.\n (d) Within thirty days after the first stated meeting of the local\nlegislative body following the receipt of notice of such designation,\nthe local legislative body may, by majority vote, disapprove such\ndesignation. If, within such thirty-day period, the local legislative\nbody fails to act or fails to act by the required vote, the local\nlegislative body shall be deemed to have approved such designation. Such\ndesignation shall take effect on the first taxable status date after the\nlocal legislative body approves such designation and shall remain in\neffect until the first taxable status date after the local legislative\nbody approves such new designation.\n (e) In the city of New York, the commission may designate any area\nother than the area lying south of the center line of 96th Street in the\nborough of Manhattan not including Governor's Island, to be a special\ncommercial abatement area if it determines that market conditions in the\narea are such that the availability of a special abatement is required\nin order to encourage commercial construction work in such area. In\nmaking such determination, the commission shall consider, among other\nfactors, the existence in such area of a special need for commercial and\njob development, high unemployment, economic distress or unusually large\nnumbers of vacant, underutilized, unsuitable or substandard structures,\nor other substandard, unsanitary, deteriorated or deteriorating\nconditions, with or without tangible blight; provided that, however, in\nmaking such determination with respect to Governor's Island, the\ncommission shall consider, among other factors, the density of existing\ndevelopments and the nature and purpose of planned developments on\nGovernor's Island, and the development of emerging industries in the\ncity.\n (f) If the commission fails to meet in two thousand fifteen, all new\napplications for special commercial abatement area benefits postmarked\nafter December thirty-first, two thousand fifteen shall be deemed\napplications for regular area benefits.\n 3. Renovation areas. In the city of New York, the following areas of\nManhattan shall be designated as renovation areas. Except as provided in\nparagraph (f) of subdivision three of section four hundred\neighty-nine-bbbbbb of this title, new commercial construction in a\nrenovation area shall not be eligible for abatement benefits. Renovation\nareas shall be limited to:\n (a) the area in the borough of Manhattan bounded by Murray Street on\nthe north starting at the intersection of West Street and Murray Street;\nrunning easterly along the center line of Murray Street; connecting\nthrough City Hall Park with the center line of Frankfort Street and\nrunning easterly along the center line of Frankfort and Dover Streets to\nthe intersection of Dover Street and South Street; running southerly\nalong the center line of South Street to Peter Minuit Plaza; connecting\nthrough Peter Minuit Plaza to the center line of State Street and\nrunning northwesterly along the center line of State Street to the\nintersection of State Street and Battery Place; running westerly along\nthe center line of Battery Place to the intersection of Battery Place\nand West Street; and running northerly along the center line of West\nStreet to the intersection of West Street and Murray Street;\n (b) the area in the borough of Manhattan defined as the special\ngarment center district by chapter one of article XII of the zoning\nresolution of the city of New York; and\n (c) the area in the borough of Manhattan south of the center line of\n59th street, other than: (i) the areas designated renovation areas by\nparagraphs (a) and (b) of this subdivision, or (ii) as of January first,\ntwo thousand twenty-six, Governor's Island.\n 4. Commercial exclusion area. Except as provided in paragraph (f) of\nsubdivision three of section four hundred eighty-nine-bbbbbb of this\ntitle, any area in the borough of Manhattan lying south of the center\nline of 96th Street, other than: (a) the areas designated renovation\nareas by subdivision three of this section and (b) as of January first,\ntwo thousand twenty-six, Governor's Island, shall be a commercial\nexclusion area. Commercial construction projects in the commercial\nexclusion area shall not be eligible to receive tax abatements pursuant\nto this title.\n 5. Eligible industrial construction projects may receive tax\nabatements pursuant to paragraphs (b) and (e) of subdivision three of\nsection four hundred eighty-nine-bbbbbb of this title in any area of the\ncity of New York.\n