(a) Scope of Rules. This chapter governs the grant of tax abatement and exemption pursuant to § 421-g of the Real Property Tax Law of the State of New York, including the procedure for filing an application for tax abatement and exemption and the issuance of Certificates of Eligibility by the Office of Tax Incentives of the Department of Housing Preservation and Development. Upon issuance of the Certificate of Eligibility, the calculation and implementation of the tax abatement and exemption are under the jurisdiction of the Department of Finance.
(b) Construction. This chapter is to be construed to secure the effectuation of the purposes of § 421-g of the Real Property Tax Law in accordance with the general principle of law that tax exemption and abatement statutes are to be strictly construed against the taxpayer applying for the tax exemption or abatement.
As used in this chapter, the following terms shall have the following meanings:
Act. "Act" shall mean § 421-g of the Real Property Tax Law.
Aggregate Floor Area. "Aggregate Floor Area" shall mean 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.
Applicant. "Applicant" shall mean any person obligated to pay real property taxes on the property for which exemption from or abatement of real property taxes under the Act is sought or in the case of exempt property, the record owner or lessee thereof.
Benefit Period. "Benefit Period" shall mean the period of time when a Recipient is eligible to receive benefits pursuant to the Act.
Certificate of Eligibility. "Certificate of Eligibility" shall mean the document issued by the Department certifying a tax lot as eligible for benefits pursuant to the Act.
Class A Multiple Dwelling. "Class A Multiple Dwelling" shall mean a Class A multiple dwelling as defined in § 4 of the Multiple Dwelling Law.
Commencement of Conversion. "Commencement of Conversion" shall mean the date of issuance by the Department of Buildings of a building permit for the conversion of a Non-Residential Building to an Eligible Multiple Dwelling, provided however that such permit is issued on or after July 1, 1995 and no later than June 30, 2007.
Commissioner. "Commissioner" shall mean the Commissioner of Housing Preservation and Development, or his or her designee, or the chief executive officer of any successor agency or department thereto authorized to administer these Rules.
Completion of Conversion. "Completion of Conversion" shall mean the date of issuance by the Department of Buildings of a Temporary or Permanent Certificate of Occupancy for the portion of the building for which an application for a Certificate of Eligibility is filed.
Department. "Department" shall mean the Department of Housing Preservation and Development of the City of New York or any successor agency or department thereto.
Department of Buildings. "Department of Buildings" shall mean the Department of Buildings of the City of New York or any successor agency or department thereto.
Department of Finance. "Department of Finance" shall mean the Department of Finance of the City of New York or any successor agency or department thereto.
Eligible Area. Subject to the Zoning Resolution, the "Eligible Area" in which tax benefits pursuant to the Act for Eligible Multiple Dwellings are available shall mean 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 located partly inside the Eligible Area shall be deemed to be located entirely inside such area.
Eligible Multiple Dwelling. "Eligible Multiple Dwelling" shall mean a Class A multiple dwelling, except a Hotel, created from conversion of a Non-Residential Building, provided, however, that such multiple dwelling is located within the Eligible Area, and provided further, however, that the Aggregate Floor Area of Commercial, Community Facility and Accessory Use Space within such multiple dwelling does not exceed twenty-five per cent (25%) of the Aggregate Floor Area of such multiple dwelling.
Exempt Dwelling Unit. "Exempt Dwelling Unit" shall mean a dwelling unit exempt from rent regulation or deregulated pursuant to the Rent Regulation Reform Act of 1993, the Rent Regulation Reform Act of 1997, Local Law 4 of 1994, or by reason of the condominium or cooperative status of the dwelling unit.
Floor Area of Commercial, Community Facility and Accessory Use Space. "Floor Area of Commercial, Community Facility and Accessory Use Space" shall mean the gross horizontal areas of all space in a multiple dwelling or dwellings designated for commercial or community facility or accessory uses (as defined in § 12-10 of the Zoning Resolution). Home occupation space within dwelling units shall not be counted as accessory use space.
Hotel. "Hotel" shall mean (i) any Class B multiple dwelling, as such term is defined in the Multiple Dwelling Law, (ii) any structure or part thereof containing living or sleeping accommodations which is used or intended to be used for transient occupancy, (iii) any apartment hotel or transient hotel as defined in the Zoning Resolution, or (iv) any structure or part thereof which is used to provide short term rentals or owned or leased by an entity engaged in the business of providing short term rentals. For purposes of this definition, a lease, sublease, license or any other form of rental agreement for a period of less than six months shall be deemed to be a short term rental. Notwithstanding the foregoing, a structure or part thereof owned or leased by a not-for-profit corporation for the purpose of providing governmentally funded emergency housing shall not be considered a hotel for purposes of this chapter.
Landmark. "Landmark" shall mean a structure designated a landmark or a structure in a historic district designated by the Landmarks Preservation Commission of the City of New York or any successor commission, agency or department thereto.
Non-Residential Building. "Non-Residential Building" shall mean a structure or portion of a structure having at least one floor, a roof and at least three walls enclosing all or most of the space used in connection with the structure or portion of the structure, and which has a Certificate of Occupancy for commercial, manufacturing or other non-residential use for not less than ninety per cent (90%) of the aggregate floor area of such structure or portion of such structure, or other proof of such non-residential use as is acceptable to the Department.
Office. "Office" shall mean the Office of Tax Incentives of the Department or any successor thereto.
Person. "Person" shall mean an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity.
Recipient. "Recipient" shall mean an applicant to whom a Certificate of Eligibility has been issued pursuant to the Act or the successor in interest of such applicant, provided that where a person who has entered into a lease or purchase agreement with the owner or lessee of exempt property has been a co-applicant, such person or the successor in interest of such person shall be deemed the Recipient.
Rules. "Rules" shall mean this chapter of the Rules of the City of New York.
Temporary Certificate of Occupancy. "Temporary Certificate of Occupancy" shall mean, for the purpose of establishing eligibility pursuant to the Act, a Temporary Certificate of Occupancy issued by the Department of Buildings for all of the dwelling units in an Eligible Multiple Dwelling for which benefits pursuant to the Act are sought.
Zoning Resolution. "Zoning Resolution" shall mean the Zoning Resolution of the City of New York.
Loading...