2006 New York Code - Definitions.

 
    §  499-aa.  Definitions.  When used in this title, the following terms
  shall mean or include:
    1. "Abatement base." The lesser of (i) two dollars and fifty cents  of
  the  tax  liability  per square foot or (ii) 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." (a) 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 any district that is zoned C4, C5 or C6 in accordance with
  the zoning resolution of such city in the borough of Manhattan north  of
  the  center  line  of  96th  Street  or  in  the  boroughs of the Bronx,
  Brooklyn, Queens or Staten Island.
    (b) In addition to the abatement zone set forth in  paragraph  (a)  of
  this  subdivision,  in  the city of New York the abatement zone shall be
  any district that is zoned C4, C5, C6, M1, M2 or M3 in  accordance  with
  the  zoning  resolution of such city in any area of such city except the
  area lying south of the center line of 96th Street  in  the  borough  of
  Manhattan.
    (c) In addition to the abatement zones set forth in paragraphs (a) and
  (b)  of  this  subdivision,  in  the city of New York the abatement zone
  shall be any district that is  zoned  C4,  C5,  C6,  M1,  M2  or  M3  in
  accordance  with  the zoning resolution of such city in any area of such
  city except the area lying south of the center line of  96th  Street  in
  the borough of Manhattan, provided that the abatement zone shall include
  the  special  garment center district as defined by chapter 1 of article
  XII of the zoning resolution of the city of New York.
    (d) Any tax lot that is partly located inside an abatement zone  shall
  be deemed to be entirely located inside such zone.
    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,  and  provided,  further,
  however, that with respect to a lease commencing on or after July first,
  two  thousand  five  for  eligible premises located within the abatement
  zone defined in paragraph (c) of subdivision two of this section with an
  initial lease term of 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  one  hundred  twenty
  months  thereafter.  Notwithstanding  the  foregoing sentence, a benefit
  period shall expire no  later  than  March  thirty-first,  two  thousand
  seven,  provided, however, that with respect to a lease commencing on or
  after July first, two thousand for eligible premises located within  the
  abatement  zone  defined  in  paragraph  (b)  of subdivision two of this
  section, a benefit period shall expire no later than June thirtieth, two
  thousand thirteen, provided, further, however that  with  respect  to  a
  lease  commencing on or after July first, two thousand five for eligible
  premises located within the abatement zone defined in paragraph  (c)  of
  subdivision  two of this section, a benefit period shall expire no later
  than June thirtieth, two thousand twenty.
    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) With respect to the abatement zone defined
  in paragraph (a) of subdivision two of this section,  a  non-residential
  or  mixed-use  building  that has an aggregate floor area of twenty-five
  thousand square feet or more and that 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  that  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 that meets the requirements
  of this subdivision shall be considered a separate eligible building.
    (b) With respect to the abatement zone defined  in  paragraph  (b)  of
  subdivision two of this section, a non-residential or mixed-use building
  that  has an aggregate floor area of twenty-five thousand square feet or
  more and that received its initial certificate of occupancy  or  initial
  temporary  certificate  of  occupancy  prior  to January first, nineteen
  hundred ninety-nine; 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  that  demonstrates
  that  the  building  was  constructed  prior  to January first, nineteen
  hundred ninety-nine; and provided further that eligible  building  shall
  not   include   any  building  owned  by  a  governmental  agency.  Each
  condominium unit in a building  that  meets  the  requirements  of  this
  subdivision shall be considered a separate eligible building.
    (c)  With  respect  to  the abatement zone defined in paragraph (c) of
  subdivision  two  of  this  section,  a  non-residential  or   mixed-use
  building.   Each   condominium   unit  in  a  building  that  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
  one, provided, however, that with respect to the abatement zone  defined
  in  paragraph  (b)  of  subdivision  two  of  this  section,  the period
  commencing July first, two thousand and terminating June thirtieth,  two
  thousand seven, and provided, further, however, that with respect to the
  abatement  zone  defined  in  paragraph  (c)  of subdivision two of this
  section, the  period  commencing  July  first,  two  thousand  five  and
  terminating June thirtieth, two thousand ten.
    10.  "Eligible  premises."  (a)  With  respect  to  the abatement zone
  defined in paragraph (a) of subdivision two of  this  section,  premises
  located in an eligible building that (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  that  meets  the
  eligibility  requirements of section four hundred ninety-nine-cc of this
  title, provided, however, that premises occupied or used as retail space
  shall not be eligible premises unless located in  an  eligible  building
  the  premises  of  which  are  occupied  or  used  primarily  as offices
  (including ancillary uses);
    (b)  With  respect  to  the abatement zone defined in paragraph (b) of
  subdivision two  of  this  section,  premises  located  in  an  eligible
  building that are occupied or used as offices (including ancillary uses)
  or  are  occupied  or  used  for  other  lawful  business, commercial or
  manufacturing activities, but not premises occupied or  used  as  retail
  space or for hotel or residential purposes; and
    (c)  With  respect  to  the abatement zone defined in paragraph (c) of
  subdivision two  of  this  section,  premises  located  in  an  eligible
  building  that  are  occupied  or  used for industrial and manufacturing
  activities, but not premises occupied or used as  retail  space  or  for
  hotel or residential purposes.
    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-cc 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.
    14-a.  "Industrial and manufacturing activities." Activities involving
  the assembly of goods to create a different article, or the  processing,
  fabrication,   or  packaging  of  goods.  Industrial  and  manufacturing
  activities shall not include waste management or utility services.
    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-cc 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." Any area except the abatement zone as defined
  in subdivision two of this section.
    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-cc 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.