Section 489-CCCCCC. Eligibility for benefits

1. Time limit for meeting
  minimum required  expenditure.  Applicants  must  meet  the  appropriate
  minimum required expenditure as provided in subdivision three of section
  four  hundred eighty-nine-bbbbbb of this title relating to the abatement
  for which such project qualifies as follows:
    (a) No later than four years from the date of issuance  of  the  first
  building  permit,  or  if  no  permit  was required, the commencement of
  construction.
    (b) Mixed use properties. Expenditures for construction  work  related
  to  the  common  areas  and  systems of such property shall be allocated
  under rules promulgated  by  the  department  between  the  residential,
  nonresidential and retail, if any, portions of the property.
    2.   Time  limit  for  completion  of  construction.  Construction  of
  buildings or structures for which benefits have been approved  shall  be
  completed  no  later  than  five  years from the date of issuance of the
  first building permit, or if no permit was required, the commencement of
  construction.    Failure  to  meet  this  requirement  shall  result  in
  termination of any inflation protection provided under subdivision three
  of  section  four  hundred  eighty-nine-bbbbbb of this title for any tax
  year that begins following the date by which completion of  construction
  is required under this paragraph.
    3. Non-permissible uses. To be eligible for benefits, the property may
  not  be  used  for  a non-permissible purpose. Accordingly, no abatement
  benefits under this title shall be granted for work to be  performed  on
  property to be used for the following purposes:
    (a)  Residential.  No  abatement  benefits  under  this title shall be
  granted for construction work for residential purposes, or for work on a
  structure or building where twenty percent or more of the total rentable
  square footage of such property is or will be dedicated  to  residential
  purposes,  provided  however  that  where  less  than  five percent of a
  property's  rentable  square  footage  is  or  will  be   dedicated   to
  residential  purposes, that use shall be considered de minimus and shall
  not be considered in determining benefits under this title.
    (i) For purposes of this paragraph, "property" means the real property
  contained by an individual tax lot.
    (ii) Notwithstanding subparagraph  (i)  of  this  paragraph,  where  a
  building  or  structure is owned in condominium form, and an application
  for benefits under this title includes more than  one  property  in  the
  same  condominium, then for purposes of this paragraph, the five percent
  and twenty percent of the rentable square footage  shall  be  determined
  based on the aggregate usage of all such properties.
    (iii)  Hotel  uses,  as described in subdivision four of this section,
  shall not be considered residential.
    (b) Utility property. No abatement benefits under this title shall  be
  provided for utility property.
    (c)  Restricted  activity. No benefits pursuant to this title shall be
  granted for construction work on property any part of  which  is  to  be
  used for a restricted activity.
    4. Hotel uses. Benefits shall be available for commercial construction
  work  or renovation construction work on a building or structure for the
  property's square footage used to provide lodging and  support  services
  for transient guests.
    5. Filing requirements. (a) Time to file. (i) Preliminary application.
  (A) Building permit. No benefits pursuant to this title shall be granted
  for  any  construction  work  unless  the  applicant filed a preliminary
  application for such benefits on or before the date of issuance  of  the
  first  building  permit for such work. This requirement may be satisfied
  where the applicant's  architect,  contractor  or  other  representative

  authorized  to  file the application for such building permit files with
  the department on behalf of  the  applicant  a  preliminary  application
  containing such information as the department shall prescribe by rule.
    (B)  No  building  permit  required.  Where construction work does not
  require a  building  permit,  a  notarized  letter  from  the  project's
  architect  or  engineer  notifying  the department of this fact shall be
  filed within thirty calendar days of the commencement  of  construction.
  In  such circumstance, such letter shall also satisfy the requirement of
  a preliminary application if the letter contains all of the  information
  required  for  a  preliminary  application under rules prescribed by the
  department.
    (ii) Final application. Applicants shall file a final application  for
  benefits  no  later than one year from the date of issuance of the first
  building permit for construction work, or, where construction work  does
  not  require  a building permit, no later than one year from the date of
  commencement of construction.
    (b) Who may file for benefits. An applicant shall be:
    (i) obligated to pay real property tax  on  the  property,  either  by
  virtue of ownership or contract; or
    (ii)  the  record owner or lessee of property that is exempt from real
  property taxation who has entered into an agreement  to  sell  or  lease
  such  property to another person. Such applicant shall be a co-applicant
  with such owner or lessee.
    (c) Applicant affidavit. No benefits pursuant to this title  shall  be
  granted  for  any  construction  work  unless  the  applicant  provides,
  together with the final application,  an  affidavit  setting  forth  the
  following information:
    (i)  a statement that within the seven years immediately preceding the
  date of the preliminary application for benefits, neither the applicant,
  nor any person owning a substantial interest in the property as  defined
  in  subparagraph  (iii)  of this paragraph, 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
  state 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
    (ii) 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 property as
  defined in  subparagraph  (iii)  of  this  paragraph,  or  any  officer,
  director or general partner of the applicant or such person.
    (iii)  "Substantial  interest"  as used in this subdivision shall mean
  ownership and control of an  interest  of  ten  percent  or  more  in  a
  property or any person owning a property.
    (iv) If any person described in the statement required by subparagraph
  (ii)  of  this  paragraph is finally adjudicated by a court of competent
  jurisdiction to be guilty of any charge listed in  such  statement,  the
  recipient shall cease to be eligible for benefits pursuant to this title
  and shall pay with interest any taxes for which an abatement was claimed
  pursuant to this title.
    6.  Requirement  to  file  income  and expense statements. No benefits
  pursuant to this title shall be granted for any property in a city  that
  requires  income and expense statements to be filed for income producing
  property, unless  income  and  expense  statements  are  filed  for  the

  property  with  respect  to the tax year as to which the assessment roll
  described in paragraph (b) of subdivision two of  section  four  hundred
  eighty-nine-bbbbbb  of  this title applies, and all subsequent tax years
  up  to and including the tax year on which the assessment roll described
  in  paragraph  (c)  of  subdivision  two   of   section   four   hundred
  eighty-nine-bbbbbb of this title applies.
    7.  Co-application  with  public  entity. A co-applicant with a public
  entity may be eligible for abatement benefits,  provided  that  for  any
  period  for  which the property is exempt from real property tax because
  it is owned or controlled by a  public  entity,  no  benefits  shall  be
  available to such recipient under this title. Such recipient may receive
  benefits under this title when the property is no longer eligible for an
  exemption as follows: (a) No benefits under this title shall be provided
  during the period of exemption; (b) during such period of exemption, the
  years  of  the  benefit  period  applicable  to  the project provided in
  subdivision three of section four  hundred  eighty-nine-bbbbbb  of  this
  title  shall  not  be  tolled,  but  shall  run  in  accordance with the
  applicable schedule provided  therein;  and  (c)  the  recipient  shall,
  starting  with  the  date the exemption ceases, and continuing until the
  abatement benefit period expires,  receive  the  abatement  benefits  to
  which such recipient is entitled in the tax year that corresponds to the
  year of the benefit period provided in subdivision three of section four
  hundred eighty-nine- bbbbbb of this title.