§ 5-63.
RCNY § 5-63
(b)A person shall not qualify as an eligible revitalization area energy user if such person engages in any of the following activities or uses in an eligible building or targeted eligible building: (1) occupying residential space; (2) engaging primarily in manufacturing activity; (3) operating a hospital; (4) operating a hotel; or (5) occupying retail space.
(c)An eligible redistributor of energy shall be an eligible revitalization area energy user with respect to: (1) vacant premises within an eligible building which have been constructed or renovated by such eligible redistributor of energy for occupancy by an eligible revitalization area energy user other than such eligible redistributor of energy; and (2) common areas, systems and facilities to the extent such common areas, systems and facilities are used by eligible revitalization area energy users and such usage is not billed to such users, except that a person shall not be an eligible revitalization area energy user of common areas, systems and facilities located in mixed-use buildings unless such common areas, systems and facilities are separate from the common areas, systems and facilities that serve that portion of the mixed-use property used for residential purposes and serve only that portion of such mixed-use property used for commercial purposes.
(d)A person shall not qualify as an eligible revitalization area energy user if the premises occupied, operated or managed by such person: (1) exceed the lesser of ten thousand (10,000) contiguous square feet in area or the entire floor of an eligible building or targeted eligible building and are not individually and accurately metered or submetered to determine the occupant's usage of energy services. A person that occupies more than one (1) floor of an eligible building or targeted eligible building or more than ten thousand (10,000) contiguous square feet, is required to have only one (1) meter or submeter for its premises; or (2) are located in that portion of mixed-use property used for commercial purposes, and such portion is not metered by a utility or NYCPUS directly and separately from other portions of such mixed-use property.
