2006 New York Code - 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 thirteen.
    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
  seven.
    10.  "Eligible  premises."  Premises  located  in an eligible building
  which (a) are occupied or used as offices (including ancillary uses)  or
  are  occupied  or used as retail space 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.