N.Y. Comp. Codes R. & Regs. tit. 21, § 4212.3
(b) With respect to a land use improvement project:
(1) The project must consist of either:
(c) With respect to an industrial project:
(1) The project must consist of either:
(d) The area within which the project is located must display either socioeconomic distress or economic deterioration, as described below:
(1) In determining the presence of socioeconomic distress, the corporation shall consider, among other things, the number of persons living below the poverty level who are receiving public assistance in the relevant area, and income levels of such persons. An area characterized by socioeconomic distress presents the following characteristics, among others:
(i) the percentage of the population in the relevant area which is living below the poverty level either:
(ii) the percentage of the population in the relevant area which is receiving public assistance either:
(2) In determining the presence of economic deterioration, the corporation shall consider, among other things, levels of overall economic activity, levels of labor force activity, and any other statistics which the corporation reasonably determines may appropriately be employed to measure the amount of such economic deterioration. An area characterized by economic deterioration displays the following characteristics among others:
(e) Notwithstanding any other provision of this Chapter, no project shall be eligible to receive program assistance from the corporation if: