§ 5-32 Submission of an Application.
RCNY § 5-32
(a)An applicant that applies after the effective date of these rules must comply with the following application procedures to be considered for eligibility under ECSP: (1) An applicant that is relocating to premises that may qualify as replacement premises must file an application prior to taking occupancy of such premises or the signing of a lease or contract of sale for such premises, whichever is earlier (except in the case of a contract of sale entered into subject to the approval of public or private financing).
(2)An applicant that owns and occupies, manages or operates real property or a building that may qualify as specially eligible premises must file an application within the following time constraints, whichever is applicable: (i) prior to the approval of an inducement resolution by IDA to finance in whole or in part an applicant's IDA project; or (ii) prior to the signing of a lease approved by UDC or by the City in accordance with the applicable Charter provisions for premises contained on or within real property owned by the City or UDC; or (iii) after the filing of a preliminary application or final application with DOF for construction or renovation in connection with an ICIP project eligible to obtain ICIP benefits from DOF.
(3)An applicant that is occupying premises within a building that it does not own, operate or manage and which building is the subject of an application for an initial certificate of eligibility as specially eligible premises must file an application within one hundred twenty (120) days of the effective date of the initial certificate of eligibility for such building to obtain a certificate of eligibility for such premises.
(4)An applicant that takes occupancy of premises within a building that has previously qualified as specially eligible premises must file an application within one hundred twenty (120) days of taking occupancy of such premises, or of the signing of a lease or contract of sale for such premises, whichever is earlier.
(5)No applicant shall be certified as eligible more than 5 years after the initial submission by such applicant pursuant to paragraphs (1) or (2) of subdivision (a) of this section, except where the approval of the application has been delayed by the actions or inactions of the City of New York and/or the applicant demonstrates to the commissioner that it has made substantial progress toward obtaining certification. An applicant that cannot make such demonstration will be given the opportunity to renew its application by updating its application with current information and by paying a new application fee according to the fee schedule currently in effect.
