§ 36-03 Application Procedures.
RCNY § 36-03
An applicant must receive approval for a series of milestones in order to receive ICAP tax abatement benefits. a. Applicants.
(1)An entity is eligible to apply for ICAP benefits: (i) if it is obligated to pay real property tax on the property, either by virtue of ownership or contract; or (ii) if the property is exempt from real property taxation and the record owner or lessee of such property has entered into an agreement to sell or lease such property to another entity, provided that both parties to the agreement are co-applicants.
(2)Co-Application with public entity. A co-applicant with a public entity may be eligible for abatement benefits except benefits will not be available for any period for which the property is exempt from real property tax because it is owned or controlled by a public entity. Abatement benefits will only be available if the recipient meets the requirements of Subdivision g of § 11-270 of the Administrative Code.
(3)Multiple buildings. Where a completed project will result in creating two or more buildings, and separate building permits were obtained, a separate application must be filed for each permitted building. b. Preliminary application.
(4)Work excluded from the project shall not be considered for purposes of meeting the minimum required expenditure or determining the completion date.
(5)If a preliminary application includes an application for benefits for a parking facility, such preliminary application must include documentation in accordance with 19 RCNY § 36-06(i). c. M/WBE requirements.
(ii)The ICAP applicant must review the directory to identify Minority- or Women-Owned business enterprises that may be qualified to perform contracting or subcontracting work on construction projects subject to benefits pursuant to this part.
(iii)For each subcontract on the project, the ICAP applicant must solicit or arrange for the solicitation of bids from at least three Minority- or Women-Owned enterprises to perform contracting work.
(iv)The ICAP applicant must maintain records demonstrating its compliance with these M/WBE requirements.
(v)When filing a final application for benefits with the department, the ICAP applicant must certify that it has complied with and will continue to comply with the M/WBE provisions. The certification must also include: (A) the name and contact information of every minority or women-owned business enterprise that the applicant solicited bids from and (B) whether any such Minority- or Women-Owned firm was awarded a subcontract.
(vi)Work performed by an applicant's contractors or subcontractors is eligible construction work except when such work is not included in the project description, contained in the final application or an amendment thereto.
(vii)The division shall have authority to audit the records maintained by each applicant to ensure compliance with the requirements of such subdivision.
(viii)The applicant must maintain records demonstrating its compliance with the provisions of this subdivision.
(6)No ICAP benefits will be granted for any construction work unless the applicant files with the final application an affidavit setting forth the following information: (i) statement that within the seven years immediately preceding the date of the final application for benefits, neither the applicant, nor any person owning a substantial interest in the property, 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 235 of the real property law or any section of Article 150 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 235 of the real property law or any section of Article 150 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 or any officer, director or general partner of the applicant or such person.
