§ 499-c. Eligibility requirements. 1. No abatement shall be granted\npursuant to this title unless:\n (a) the landlord enters into a lease for eligible premises with a new\ntenant or a renewal tenant and:\n (1) the lease commencement date is within the eligibility period;\n (2) (i) if, by the sixtieth day following the rent commencement date,\nsuch new or renewal tenant employs one hundred twenty-five or fewer\nemployees in the eligible premises, the initial lease term is for a\nperiod of at least five years or, with respect to a lease commencing on\nor after April first, nineteen hundred ninety-seven, the initial lease\nterm is for a period of at least three years; or (ii) if, by the\nsixtieth day following the rent commencement date, such new or renewal\ntenant employs more than one hundred twenty-five employees in the\neligible premises, the initial lease term is for a period of at least\nten years; and\n (3) (i) if the lease is with a new tenant required to sign a lease\nwith an initial lease term of at least five years, expenditures on\nimprovements to the eligible premises and the common areas of the\neligible building are in an amount at least equal to ten dollars per\nsquare foot, provided, however, that with respect to a lease commencing\non or after April first, nineteen hundred ninety-seven, if, by the\nsixtieth day following the rent commencement date, the new tenant\nemploys one hundred twenty-five or fewer employees in the eligible\npremises, expenditures on improvements to the eligible premises and the\ncommon areas of the eligible building are in an amount at least equal to\nfive dollars per square foot; or (ii) if the lease is with a new tenant\nrequired to sign a lease with an initial lease term of at least ten\nyears, expenditures on improvements to the eligible premises and the\ncommon areas of the eligible building are in an amount at least equal to\nthirty-five dollars per square foot; or (iii) if the lease is with a\nrenewal tenant, expenditures on improvements to the eligible premises\nand the common areas of the eligible building are in an amount at least\nequal to ten dollars per square foot for any premises previously\noccupied by such renewal tenant, provided, however, that with respect to\na lease commencing on or after April first, nineteen hundred\nninety-seven, if, by the sixtieth day following the rent commencement\ndate, the renewal tenant employs one hundred twenty-five or fewer\nemployees in the eligible premises previously occupied by such renewal\ntenant, expenditures on improvements to the eligible premises and the\ncommon areas of the eligible building are in an amount at least equal to\nfive dollars per square foot; and in an amount at least equal to the\namount specified in clause (i) or (ii) of this subparagraph, depending\nupon the required initial lease term, for any premises not previously\noccupied by such renewal tenant; or\n (b) the landlord enters into a lease with an expansion tenant for\nexpansion premises and:\n (1) the lease commencement date is within the eligibility period;\n (2) (i) if, by the sixtieth day following the rent commencement date,\nsuch expansion tenant employs one hundred twenty-five or fewer employees\nin the expansion premises, the initial lease term for the expansion\npremises is for a period of at least five years or, with respect to a\nlease commencing on or after April first, nineteen hundred ninety-seven,\nthe initial lease term is for a period of at least three years; or (ii)\nif, by the sixtieth day following the rent commencement date, such\nexpansion tenant employs more than one hundred twenty-five employees in\nsuch expansion premises, the initial lease term for the expansion\npremises is for a period of at least ten years; and\n (3) (i) if the lease is with an expansion tenant required to sign a\nlease with an initial lease term of at least five years, expenditures on\nimprovements to the expansion premises and the common areas of the\n
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