§ 26-01 Definitions.
RCNY § 26-01
Appeals Committee. "Appeals Committee" shall mean the Commercial Rent Appeals Committee established pursuant to these rules. City-owned building. "City-owned building" shall mean any building owned by the City of New York and assigned to HPD for management. Committee. "Committee" shall mean the Commercial Rent Committee established pursuant to these rules. Cost of Operation. "Cost of Operation" shall mean the amount, as determined by HPD, from time to time, that represents HPD's cost of maintenance of such units and making them available for commercial use. DPM. "DPM" shall mean the Division of Property Management of the Office of Property Management of the Department of Housing Preservation and Development. DRO. "DRO" shall mean the Division of Relocation Operations of the Office of Property Management of the Department of Housing Preservation and Development. Fair Market Rent (FMR). "Fair Market Rent" ("FMR") shall mean the rent that would be paid for the commercial unit, in a bona fide arms length transaction, at the highest and best use of the commercial unit, but in no event shall fair market rent be less than the cost of operation or the current rent. Governmental Tenant. "Governmental Tenant" shall mean a tenant who is a Community Board, Municipal Hospital Advisory Board, Mayoral governmental agency, city professional employee association, or any board, commission, or advisory body established by the City Charter, or Executive Order of the Mayor. Qualified Not-For-Profit Organization. "Qualified Not-For-Profit Organization" shall mean an organization: (1) that has tax exempt status under § 501(c)(3) of the Internal Revenue Code, the New York State Non-For-Profit Corporation Law, or local laws governing real estate tax exemption eligibility; and (2) that is in good standing with all governmental funding and oversight agencies; and (3) whose activities provide a service to a substantial segment of the public at large, at nominal cost, and not for the exclusive use of members of the organization; and (4) whose membership in the organization, and access to its services are not restricted by unrelated or discriminatory criteria, including but not limited to race, sex, ethnicity, political affiliation or sexual orientation; and (5) that provides on-going programs which fully utilize the city property for non-profit purposes; and (6) that utilizes the property for non-profit purposes exclusively, without subleasing to for-profit uses. Rules. "Rules" shall mean these rules. Sale of the Business Occupying a Commercial Unit. "Sale of the Business Occupying a Commercial Unit" shall occur when a substantial portion of the assets, shares of stocks, partnership interest or other significant indicia of ownership or control passes from the existing tenant, or any principal of the existing tenant, to any other person or entity. Tenant. "Tenant" shall mean authorized commercial tenant of record. Occupants such as squatters and licensees are not tenants of record.
