§ 489-cccccc. Eligibility for benefits. 1. Time limit for meeting\nminimum required expenditure. Applicants must meet the appropriate\nminimum required expenditure as provided in subdivision three of section\nfour hundred eighty-nine-bbbbbb of this title relating to the abatement\nfor which such project qualifies as follows:\n (a) No later than four years from the date of issuance of the first\nbuilding permit, or if no permit was required, the commencement of\nconstruction.\n (b) Mixed use properties. Expenditures for construction work related\nto the common areas and systems of such property shall be allocated\nunder rules promulgated by the department between the residential,\nnonresidential and retail, if any, portions of the property.\n 2. Time limit for completion of construction. Construction of\nbuildings or structures for which benefits have been approved shall be\ncompleted no later than five years from the date of issuance of the\nfirst building permit, or if no permit was required, the commencement of\nconstruction. Failure to meet this requirement shall result in\ntermination of any inflation protection provided under subdivision three\nof section four hundred eighty-nine-bbbbbb of this title for any tax\nyear that begins following the date by which completion of construction\nis required under this paragraph.\n 3. Non-permissible uses. To be eligible for benefits, the property may\nnot be used for a non-permissible purpose. Accordingly, no abatement\nbenefits under this title shall be granted for work to be performed on\nproperty to be used for the following purposes:\n (a) Residential. No abatement benefits under this title shall be\ngranted for construction work for residential purposes, or for work on a\nstructure or building where twenty percent or more of the total rentable\nsquare footage of such property is or will be dedicated to residential\npurposes, provided however that where less than five percent of a\nproperty's rentable square footage is or will be dedicated to\nresidential purposes, that use shall be considered de minimus and shall\nnot be considered in determining benefits under this title.\n (i) For purposes of this paragraph, "property" means the real property\ncontained by an individual tax lot.\n (ii) Notwithstanding subparagraph (i) of this paragraph, where a\nbuilding or structure is owned in condominium form, and an application\nfor benefits under this title includes more than one property in the\nsame condominium, then for purposes of this paragraph, the five percent\nand twenty percent of the rentable square footage shall be determined\nbased on the aggregate usage of all such properties.\n (iii) Hotel uses, as described in subdivision four of this section,\nshall not be considered residential.\n (b) Utility property. No abatement benefits under this title shall be\nprovided for utility property.\n (c) Restricted activity. No benefits pursuant to this title shall be\ngranted for construction work on property any part of which is to be\nused for a restricted activity.\n (d) Self-storage facilities. For purposes of this title, "self-storage\nfacility" shall mean any real property or a portion thereof that is\ndesigned and used for the purpose of occupying storage space by\noccupants who are to have access thereto for the purpose of storing and\nremoving personal property, pursuant to subdivision one of section one\nhundred eighty-two of the lien law. No benefits shall be granted\npursuant to this title for construction work on real property where any\nportion of such property is to be used as a self-storage facility.\n (e) Parking facility. No benefits shall be granted pursuant to this\ntitle for construction work on real property where any portion of such\nproperty is to be used as a parking facility, except where a parking\nfacility is associated with residential construction work on a separate\ntax lot, as described in rules of the commissioner, and such residential\nconst
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