2006 New York Code - Eligibility Requirements.

 
    §  499-c.  Eligibility  requirements. 1. No abatement shall be granted
  pursuant to this title unless:
    (a) the landlord enters into a lease for eligible premises with a  new
  tenant or a renewal tenant and:
    (1)  the lease commencement date is within the eligibility period;
    (2)  (i) if, by the sixtieth day following the rent commencement date,
  such new or renewal tenant employs  one  hundred  twenty-five  or  fewer
  employees  in  the  eligible  premises,  the initial lease term is for a
  period of at least five years or, with respect to a lease commencing  on
  or  after  April first, nineteen hundred ninety-seven, the initial lease
  term is for a period of at  least  three  years;  or  (ii)  if,  by  the
  sixtieth  day  following the rent commencement date, such new or renewal
  tenant employs more  than  one  hundred  twenty-five  employees  in  the
  eligible  premises,  the  initial lease term is for a period of at least
  ten years; and
    (3) (i) if the lease is with a new tenant required  to  sign  a  lease
  with  an  initial  lease  term  of  at least five years, expenditures on
  improvements to the eligible  premises  and  the  common  areas  of  the
  eligible  building  are  in  an amount at least equal to ten dollars per
  square foot, provided, however, that with respect to a lease  commencing
  on  or  after  April  first,  nineteen  hundred ninety-seven, if, by the
  sixtieth day following  the  rent  commencement  date,  the  new  tenant
  employs  one  hundred  twenty-five  or  fewer  employees in the eligible
  premises, expenditures on improvements to the eligible premises and  the
  common areas of the eligible building are in an amount at least equal to
  five  dollars per square foot; or (ii) if the lease is with a new tenant
  required to sign a lease with an initial lease  term  of  at  least  ten
  years,  expenditures  on  improvements  to the eligible premises and the
  common areas of the eligible building are in an amount at least equal to
  thirty-five dollars per square foot; or (iii) if the  lease  is  with  a
  renewal  tenant,  expenditures  on improvements to the eligible premises
  and the common areas of the eligible building are in an amount at  least
  equal  to  ten  dollars  per  square  foot  for  any premises previously
  occupied by such renewal tenant, provided, however, that with respect to
  a  lease  commencing  on  or  after  April   first,   nineteen   hundred
  ninety-seven,  if,  by  the sixtieth day following the rent commencement
  date, the renewal  tenant  employs  one  hundred  twenty-five  or  fewer
  employees  in  the eligible premises previously occupied by such renewal
  tenant, expenditures on improvements to the eligible  premises  and  the
  common areas of the eligible building are in an amount at least equal to
  five  dollars  per  square  foot; and in an amount at least equal to the
  amount specified in clause (i) or (ii) of this  subparagraph,  depending
  upon  the  required  initial lease term, for any premises not previously
  occupied by such renewal tenant; or
    (b) the landlord enters into a lease  with  an  expansion  tenant  for
  expansion premises and:
    (1)  the lease commencement date is within the eligibility period;
    (2)  (i) if, by the sixtieth day following the rent commencement date,
  such expansion tenant employs one hundred twenty-five or fewer employees
  in the expansion premises, the initial  lease  term  for  the  expansion
  premises  is  for  a period of at least five years or, with respect to a
  lease commencing on or after April first, nineteen hundred ninety-seven,
  the initial lease term is for a period of at least three years; or  (ii)
  if,  by  the  sixtieth  day  following  the rent commencement date, such
  expansion tenant employs more than one hundred twenty-five employees  in
  such  expansion  premises,  the  initial  lease  term  for the expansion
  premises is for a period of at least ten years; and
    (3) (i) if the lease is with an expansion tenant required  to  sign  a
  lease with an initial lease term of at least five years, expenditures on
  improvements  to  the  expansion  premises  and  the common areas of the
  eligible building are in an amount at least equal  to  ten  dollars  per
  square  foot, provided, however, that with respect to a lease commencing
  on or after April first,  nineteen  hundred  ninety-seven,  if,  by  the
  sixtieth  day following the rent commencement date, the expansion tenant
  employs one hundred twenty-five or  fewer  employees  in  the  expansion
  premises, expenditures on improvements to the expansion premises and the
  common areas of the eligible building are in an amount at least equal to
  five  dollars per square foot; or (ii) if the lease is with an expansion
  tenant required to sign a lease with an initial lease term of  at  least
  ten  years,  expenditures  on improvements to the expansion premises and
  the common areas of the eligible building are  in  an  amount  at  least
  equal to thirty-five dollars per square foot.
    2.  No  abatement  shall  be  granted  pursuant  to  this  title if an
  applicant shall fail to meet any  of  the  requirements  of  this  title
  within  sixty  days  of  the rent commencement date; provided that for a
  lease with a renewal tenant, the expenditures on  improvements  required
  by  subdivision one of this section shall be made within one year of the
  lease commencement date.
    3. (a) For purposes of determining whether the amount of  expenditures
  required  by  subdivision  one  of  this  section  have  been satisfied,
  expenditures on improvements to the common areas of an eligible building
  shall be included only if work on such improvements  commenced  and  the
  expenditures  are  made  on  or  after  April  first,  nineteen  hundred
  ninety-five and on or before September thirtieth,  two  thousand  seven;
  provided, however, that expenditures on improvements to the common areas
  of  an  eligible  building  made  prior  to three years before the lease
  commencement date shall not be included.
    (b) The landlord may allocate  expenditures  on  improvements  to  the
  common  areas of an eligible building to eligible tenants in such manner
  as reasonably relates to such eligible tenants.
    4. For purposes of this title, the expiration date of a lease shall be
  determined by the expiration date  set  forth  in  such  lease,  without
  giving  effect  to any rights of the landlord or the tenant to terminate
  such lease prior to the expiration date set forth therein.
    5. The lease for the eligible premises  shall  contain  the  following
  provisions:
    (a) a statement of the tenant's percentage share;
    (b)  a  statement  informing  the tenant in at least twelve-point type
  that:
    (1)  an application for abatement of real property taxes  pursuant  to
  this title will be made for the premises;
    (2)    the  rent,  including  amounts  payable  by the tenant for real
  property taxes, will accurately reflect any abatement of  real  property
  taxes granted pursuant to this title for the premises;
    (3)    at least ten dollars per square foot or thirty-five dollars per
  square foot must be spent on improvements to the premises and the common
  areas, the amount being dependent upon  the  length  of  the  lease  and
  whether  it  is  a  new or a renewal lease, provided, however, that with
  respect to a lease commencing on or after April first, nineteen  hundred
  ninety-seven,  if,  by  the sixtieth day following the rent commencement
  date, the tenant employs one hundred twenty-five or fewer  employees  in
  the  relevant  premises,  at  least five dollars per square foot must be
  spent on improvements to the premises and the common areas; and
    (4)  all abatements granted with respect to  a  building  pursuant  to
  this  title  will  be revoked if, during the benefit period, real estate
  taxes or water or sewer charges or other lienable charges are unpaid for
  more than one year, unless such delinquent amounts are paid as  provided
  in subdivision four of section four hundred ninety-nine-f of this title.
    6. No abatement shall be granted pursuant to this title if:
    (a)  a  tenant has relocated from any area of the borough of Manhattan
  north of the center line of 96th Street  or  from  any  portion  of  the
  boroughs of the Bronx, Brooklyn, Queens, or Staten Island;
    (b)  the  lease  for  the  eligible  premises provides that during the
  initial lease term required by subdivision one of  this  section  either
  the  landlord  or  the  tenant  may  terminate  such  lease prior to the
  expiration date of such required initial lease term; provided that  such
  lease  may  provide that either the landlord or the tenant may terminate
  such lease if (1) the other party is in default of any of  such  party's
  obligations  under  the  lease, (2) the eligible premises are damaged or
  destroyed by fire or other  casualty,  (3)  the  eligible  premises  are
  rendered  unusable for any reason not attributable to any act or failure
  to act of either tenant or landlord, or (4) the  eligible  premises  are
  acquired by eminent domain; and
    (c)  there  are  real  property taxes, water or sewer charges or other
  lienable charges currently due and owing on the eligible building  which
  is  the  subject of an application for abatement pursuant to this title,
  unless such real property taxes or charges are currently being  paid  in
  timely  installments pursuant to a written agreement with the department
  of finance or other appropriate agency.
    7. No abatement shall be granted pursuant to  this  title  unless  the
  applicant  shall  file,  together  with  the  application,  an affidavit
  setting forth the following information:
    (a) a statement that within the seven years immediately preceding  the
  date  of  application  for  a  certificate  of  abatement,  neither  the
  applicant nor any person owning a substantial interest in  the  eligible
  building  as  defined  in  paragraph  (c)  of  this subdivision, nor any
  officer, director or general partner of the applicant or such person was
  finally adjudicated  by  a  court  of  competent  jurisdiction  to  have
  violated section two hundred thirty-five of the real property law or any
  section  of  article  one  hundred fifty of the penal law or any similar
  arson law of another jurisdiction with respect to any building,  or  was
  an  officer,  director  or  general partner of a person at the time such
  person was finally adjudicated to have violated such law; and
    (b) a statement setting forth any pending charges  alleging  violation
  of  section  two  hundred  thirty-five  of  the real property law or any
  section of article one hundred fifty of the penal  law  or  any  similar
  arson  law  of  another jurisdiction with respect to any building by the
  applicant or any person owning a substantial interest  in  the  eligible
  building  as  defined  in  paragraph  (c)  of  this  subdivision, or any
  officer, director or general partner of the applicant or such person, or
  any person for  whom  the  applicant  or  person  owning  a  substantial
  interest  in  the  eligible  building is an officer, director or general
  partner.
    (c) for purposes of this subdivision and subdivision seven of  section
  four  hundred  ninety-nine-f of this title, "substantial interest" shall
  mean ownership and control of an interest of ten per centum or  more  in
  the eligible building or in any person owning the eligible building.