NY Real Prop Tax L § 499-F (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 4 - Tax Abatement for Certain Commercial Properties in a City of One Million or More Persons 499-F - Reporting Requirements; Revocation of Abatements.

§  499-f.    Reporting requirements; revocation of abatements.  1. For the duration of the applicant's benefit period, the applicant shall file annually with the department of finance, on or before July first of each year, a  certificate  of  continuing  eligibility  confirming  that  the eligible premises are occupied by the tenant who originally executed the lease  and  that  the  eligible premises are being used for the purposes described  in  the  application.     Such  certificate   of   continuing eligibility  shall  be on a form prescribed by the department of finance and shall contain such  additional  information  as  the  department  of finance  shall  require.    The  department  of  finance  shall have the authority to determine the abatements granted  pursuant  to  this  title upon failure of an applicant to file such certificate by such July first date.    The  burden  of  proof  shall  be on the applicant to establish continuing eligibility for benefits and the department of finance  shall have  the  authority to require that statements made in such certificate shall be made under oath.   2. The department  of  finance  shall  revoke  any  abatement  granted pursuant to this title when the tenant who originally executed the lease is  no longer occupying the eligible premises.  Such revocation shall be retroactive to the date that such tenant vacated the  eligible  premises and  the  department  of finance shall require the landlord to pay, with interest, any taxes which become payable as a result of such revocation. The landlord shall notify the department of finance within  thirty  days following  the  date  on which such tenant vacated the eligible premises and, for failure to comply with this notification requirement, shall  be liable  for  penalty  calculated  for  the  same  period  as interest is calculated pursuant to the preceding sentence.   3. If any portion of the premises for  which  an  abatement  has  been granted pursuant to this title ceases to be occupied or used as eligible premises  or is occupied by a subtenant, the department of finance shall reduce the abatement granted pursuant to this title by an  amount  equal to  the  percentage  of  such  eligible  premises which has ceased to be occupied or used as eligible premises or is  occupied  by  a  subtenant. Such  reduction  shall  be  retroactive  to  the date that such premises ceased to be occupied or used as eligible premises or was occupied by  a subtenant,  and  the department of finance shall require the landlord to pay, with interest, any taxes which become payable as a result  of  such reduction.    The landlord shall notify the department of finance within thirty days following the date  on  which  the  premises  ceased  to  be occupied  or  used  as  eligible premises or was occupied by a subtenant and, for failure to comply with this notification requirement, shall  be liable  for  penalty  calculated  for  the  same  period  as interest is calculated pursuant to the preceding sentence.   4. If, during the benefit period, any real property tax  or  water  or sewer charge or other lienable charge due and payable with respect to an eligible  building  shall  remain unpaid for at least one year following the date upon which such tax or  charge  became  due  and  payable,  all abatements  granted pursuant to this title with respect to such building shall be revoked, unless within thirty days from the mailing of a notice of revocation  by  the  department  of  finance  satisfactory  proof  is presented to the department of finance that any and all delinquent taxes and  charges  owing with respect to such building as of the date of such notice have been paid in full or are  currently  being  paid  in  timely installments  pursuant  to  a  written  agreement with the department of finance or other appropriate agency.   Any revocation pursuant  to  this subdivision shall be effective with respect to real property taxes which become due and payable following the date of such revocation.    5.  The  department of finance may deny, reduce, suspend, terminate or revoke any abatement granted pursuant to this title whenever:  (a)  the  landlord  or the tenant receiving abatement pursuant to this title fails to comply with the requirements of this title or  the  rules promulgated hereunder; or  (b) an application, certificate, report or other document submitted by the  applicant contains a false or misleading statement as to a material fact or omits to state any material fact necessary in order to make  the statement therein not false or misleading, and may declare any applicant who  makes  such  false  or  misleading  statement  or  omission  to  be ineligible for future abatement pursuant to this title for the  same  or other  property.    In addition, the department of finance shall require the applicant to pay, with penalty and interest, any abatement  received pursuant to this title as a result of such false or misleading statement or omission of a material fact.   6.  Notwithstanding  any other provision of this title, the department of finance shall deny, terminate or revoke any abatement applied for  or granted  pursuant  to  this  title  upon  a determination that the lease between the landlord and the tenant does  not  constitute  a  bona  fide arm's  length  lease.    In making such determination, the department of finance may consider, among other factors,  the  relationship,  if  any, between  the  landlord  and the tenant and whether the business terms of such lease are consistent with the business  terms  generally  found  in leases for comparable space.   7.  (a) If any person described in the statement required by paragraph (b) of subdivision seven of section four hundred ninety-nine-c  of  this title  or  paragraph (b) of this subdivision is finally adjudicated by a court of competent jurisdiction to be guilty of  any  charge  listed  in such  statement,  the  department  of finance shall revoke the abatement granted pursuant to this title  and  shall  require  the  payment,  with interest, of any abatement received pursuant to this title.  (b) The applicant shall, on the certificate of continuing eligibility, state  whether  any  charges  alleging violation by the applicant or any person owning a substantial interest in the eligible  building,  or  any officer, director or general partner of the applicant or person owning a substantial  interest  in  the eligible building, or any person for whom the applicant or person owning a substantial interest  in  the  eligible building  is  an  officer,  director  or general partner, of section two hundred thirty-five of the real property law or any section  of  article one  hundred  fifty of the penal law or any similar arson law of another jurisdiction, are pending. For purposes of this paragraph,  "substantial interest"  shall  have the same meaning as set forth in paragraph (c) of subdivision seven of section four hundred ninety-nine-c of this title.   8. The department  of  finance  shall  revoke  any  abatement  granted pursuant  to  this  title  with  respect to premises leased to a renewal tenant if the applicant shall fail to submit evidence acceptable to  the department  of finance, within the time specified in subdivision four of section four hundred ninety-nine-d of this title, that the  requirements of   section   four  hundred  ninety-nine-c  of  this  title  concerning expenditures on improvements have been met within the time specified  in such  section four hundred ninety-nine-c.  In such event, the department of finance shall require the landlord to pay, with penalty and interest, any abatement received pursuant  to  this  title  with  respect  to  the premises in question.