N.Y. Comp. Codes R. & Regs. tit. 9 § 389.1

Current through Register Vol. 46, No. 36, September 4, 2024

Section 389.1 - Use of buildings under the jurisdiction of the office

(a) Exemptions. This policy shall not apply to buildings whose use is governed by the provisions of any statute or of any other regulation, including but not limited to the following:

(1) State-owned housing rented to employees of the office pursuant to section 135 of the Civil Service Law;

(2) structures occupied pursuant to land acquisition agreements entered into under the provisions of subdivision 14 of section 3.19 of the Parks, Recreation and Historic Preservation Law;

(3) recreational facilities covered by usage fees established pursuant to section 13.15 of the Parks, Recreation and Historic Preservation Law;

(4) facilities operated under concession agreements in accordance with subdivision 2-a of section 3.09 of the Parks, Recreation and Historic Preservation Law;

(5) historic sites and recreational facilities operated on behalf of the office by not-for-profit corporations acting pursuant to license agreements entered into under subdivision 2 of section 3.09 of the Parks, Recreation and Historic Preservation Law; and

(6) buildings operated under the resident curator program established by subdivision 2-h of section 3.09 of the Parks, Recreation and Historic Preservation Law.

(b) Rental policy.

(1) It shall be the policy of the office that a fair rental shall be charged for the use of any building or portion of any building under the jurisdiction of the office.

(2) In setting such rental, the commissioner may take into account the value of any maintenance, improvements, custodial services, security and other in-kind considerations which may be provided by the tenant.

(3) The commissioner shall not be required to consider any request for rental which, in the opinion of the commissioner, would not be appropriate for the space sought or would interfere with the public's use and enjoyment of the park, parkway, historic site or recreational site in which it is located.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 389.1

Amended, New York State Register April 22, 2015/Volume XXXVII, Issue 15, eff. 4/22/2015