§ 180-a. Lease and operation of seventh regiment armory. 1.
Definitions. (a) "Adjutant general" shall mean adjutant general of the
state of New York.

(b) "Armory" shall mean the seventh regiment armory located at 101-129
East 66th street, 100-126 East 67th street, 888-898 Lexington avenue and
641-649 Park avenue, in the county of New York, state of New York and
identified as Block 1401, Lot 1 on the tax map of the city of New York
bounded by Park and Lexington avenues and Sixty-sixth and Sixty-seventh
streets.

(c) "City lease" shall mean collectively, the leases dated September
23, 1874 and April 23, 1879 by and between the mayor, aldermen and
commonality of the city of New York to the field officers of the seventh
regiment.

(d) "Division" shall mean the state division of military and naval
affairs, established by article nine of the executive law.

(e) "Lease" shall mean a lease for a term of up to ninety-nine years
to be entered into between the state, acting through the urban
development corporation, as lessor, and the lessee, as tenant, leasing
the armory or portions thereof.

(f) "Lessee" shall mean the tenant, a not-for-profit corporation
dedicated to the preservation of the armory as a historical, civic and
cultural facility for the community, which is party to a lease with the
state, acting through the urban development corporation as landlord,
leasing the armory or portions thereof.

(g) "Management agreement" shall mean an agreement to be entered into
by the state, acting through the urban development corporation,
providing for the management of the armory on a short-term basis on
behalf of the state as part of the routine or continuing administration
and management of the armory.

(h) "Military use" shall mean during periods which are not periods of
civil or military emergency, use of a portion of the armory containing
approximately twenty-one hundred square feet, or such lesser area as the
division may determine, located in the portion of the armory which is
not a designated New York city landmark (i.e., not in the historic rooms
located on the first and second floors or the drill hall), for offices
or administrative functions of the division, and use by the division
during any periods of civil or military emergency.

(i) "Periods of civil or military emergency" shall mean any period
during which an order of the adjutant general directing a response to a
civil or military emergency is in effect. Said order shall have effect
in relation to this section only in the event of an order by the
adjutant general specifically asserting control of areas within the
armory.

(j) "Shelter use" shall mean use during periods which are not periods
of civil or military emergency, the city of New York shall have the
right to access and use sufficient and suitable space for the current
and uninterrupted operation of the shelter by the city of New York, as
well as usual and customary building services and utilities, including
but not limited to heat, water and electric, for use as a shelter for
homeless persons.

(k) "Urban development corporation" shall mean the New York state
urban development corporation, a public benefit corporation of the
state, doing business as the empire state development corporation.

2. State ownership of facility and fixtures. (a) The state, acting
through the division, is and shall be recognized as and declared to be
the lawful successor to the interest of the lessee under the city lease.
No other person or party, whether through claims or entitlements of past
or continuing use, occupancy, improvement or otherwise, is or shall be
recognized as having any lawful rights in respect of the armory other
than as may be expressly granted by, and subject to, the applicable
subdivisions of section one hundred eighty-three of this article.

(b) All improvements, betterments, fixtures, equipment, ornaments,
decorative elements, and similar items affixed or attached to the armory
building (i.e., all items other than moveable personal property which is
not affixed to the walls or other parts of the building) are hereby
recognized and declared to be an integral part of the armory and
property of the state, and any and all persons who have heretofore
installed or paid for the installation of any of the foregoing items are
deemed to have donated such items to the state as of the time of the
installation of such items in the armory.

3. Lease and operation of armory; certain provisions of this chapter
not applicable. (a) Except with respect to expenditures made by the
state or the division in connection with military use or the operation
of the armory during a period of civil or military emergency, the
following provisions of this article shall not apply to the repair,
restoration, refurbishment or operation of the armory pursuant to the
lease or the management agreement: section one hundred seventy-eight,
subdivisions two and three of section one hundred eighty and section one
hundred eighty-one.

(b) The provisions of section one hundred eighty-two of this article
shall apply only with respect to military use of the portions of the
armory not demised under the lease, and with respect to periods of civil
or military emergency, and shall not apply to the operations of the
armory under the lease or the management agreement.

(c) Except with respect to military use and during periods of civil or
military emergency, section one hundred eighty-three of this article
shall not apply to the operations of the armory pursuant to the lease or
the management agreement. The following provisions shall apply in lieu
of such section one hundred eighty-three:

(i) On application of any of the associations of veterans described in
paragraph b of subdivision one of such section one hundred eighty-three,
the lessee or the manager pursuant to the terms of the management
agreement shall provide a proper and convenient room or rooms or other
appropriate space in the armory where such posts or chapters may hold
regular and special meetings and organizational social events of a
private nature, without the payment of any charge or expense therefor,
provided that such use does not interfere with the use by the lessee or
the manager pursuant to the terms of the management agreement, including
any use by third parties contracted for under subparagraph (ii) of this
paragraph.

(ii) The armory may be used by any person, firm, association,
corporation, or municipal entity, provided that such person, firm,
association or corporation enters into an agreement with the lessee or
the manager pursuant to the terms of the management agreement permitting
such use. The terms of any agreement entered into between the lessee or
the manager pursuant to the terms of the management agreement and a user
shall provide for such usage to cease during any periods of civil or
military emergency.

(d) The provisions of sections one hundred eighty-five, one hundred
eighty-six and one hundred eighty-seven of this article shall not apply
to the armory.

(e) The management agreement and lease shall not apply to shelter use.
Shelter use shall be governed by a separate agreement between the city
of New York, the lessee and the state of New York; such separate
agreement shall be executed prior to the execution of the lease.