NY Real Prop Tax L § 467-A (2021)
2021 New York Laws RPT - Real Property Tax Article 4 - Exemptions Title 2 - Private Property 467-A - Partial Tax Abatement for Residential Real Property Held in the Cooperative or Condominium Form of Ownership in a City Having a Population of One Mill

§  467-a.  Partial tax abatement for residential real property held in the cooperative or condominium form of ownership  in  a  city  having  a population  of  one  million  or  more.  1. Definitions. As used in this section:  (a) "Applicant" means the board of managers of a  condominium  or  the board  of  directors  of  a  cooperative apartment corporation, provided that, in addition, the commissioner of finance shall by  rule  designate the  owner  of  a dwelling unit (the "unit owner") or shareholder of the corporation  having  the  proprietary  lease   for   an   apartment   (a "shareholder")  as  an  applicant  for the limited purpose of submitting information to verify  the  primary  residence  of  the  unit  owner  or shareholder.  (b)  "Average unit assessed value" means the residential proportion of a property multiplied by  the  total  assessed  value  of  the  property divided  by  the  number  of  dwelling  units  therein on the applicable taxable status date for the fiscal year for which an application is made for partial abatement of real property taxes pursuant to this section.  (c)  "Billable  assessed  value"  means  the  lesser  of  the  taxable transitional  assessed  value, as computed pursuant to subdivision three of section eighteen hundred five of this chapter,  or  taxable  assessed value of a property.  (d)  "Commissioner  of finance" means the commissioner of finance of a city having a population of one million or more, or his or her designee.  (e) "Dwelling unit"  means  a  unit  used  primarily  for  residential purposes and not primarily for professional or commercial purposes.  (f)  "Property"  means real property designated as class two, pursuant to section eighteen hundred two of this chapter, held in the cooperative or condominium form of ownership.  (g) "Residential proportion" of a property  held  in  the  cooperative form  of  ownership  means  the  percentage of shares of the cooperative apartment  corporation  allocated  to   dwelling   units.   "Residential proportion"  of  a  property  held  in the condominium form of ownership means the percentage of common interest allocated to dwelling units.  (h) "Sponsors" means persons or business entities  who  make  or  take part  in a public offering or sale of securities consisting primarily of shares or investments in real estate, including  condominium  units  and other  cooperative  interests  in  realty.  Sponsors  shall be deemed to include successors who succeed to the rights and assume the  obligations of sponsors.  (i)  "Prevailing  wage"  means  the  rate  of  wages  and supplemental benefits paid in the locality to workers in the same trade or occupation and annually determined by the fiscal officer  in  accordance  with  the provisions of section two hundred thirty-four of the labor law.  (j)  "Qualified  property"  means  (i) a property with an average unit assessed value of less than or equal to sixty thousand dollars; or  (ii) a  property  with  an  average  unit  assessed  value of more than sixty thousand dollars and less than or equal to one hundred thousand dollars, and less than thirty dwelling units; or (iii) a property with respect to which an applicant  has  submitted  an  affidavit  certifying  that  all building  service  employees  employed or to be employed at the property shall receive the applicable prevailing wage for the  duration  of  such property's tax abatement.  (k)  "Building  service  employee"  means  any person who is regularly employed at a building who performs work in connection with the care  or maintenance  of such building. "Building service employee" includes, but is not limited to, watchman, guard, doorman, building  cleaner,  porter, handyman,   janitor,  gardener,  groundskeeper,  elevator  operator  and  starter, and window cleaner, but shall  not  include  persons  regularly scheduled to work fewer than eight hours per week in the building.  (l) "Fiscal officer" means the comptroller of the city of New York.   2.  (a) In a city having a population of one million or more, dwelling units owned by unit owners who, as  of  the  applicable  taxable  status date,  own no more than three dwelling units in any one property held in the condominium form of  ownership,  shall  be  eligible  to  receive  a partial  abatement  of  real  property taxes, as set forth in paragraphs (c),  (d),  (d-1),  (d-2),  (d-3),  (d-4),  (d-5)  and  (d-6)  of   this subdivision;  provided, however, that a property held in the condominium form of ownership that is receiving complete or  partial  real  property tax  exemption  or tax abatement pursuant to any other provision of this chapter or any other state or local law, except as provided in paragraph (f) of this subdivision, shall not be  eligible  to  receive  a  partial abatement pursuant to this section; and provided, further, that sponsors shall  not  be  eligible to receive a partial abatement pursuant to this section; and provided, further, that in the fiscal years  commencing  in calendar  years  two  thousand twelve through two thousand twenty-two no more than a maximum of three dwelling units owned by any unit owner in a single building, one of which must be the primary residence of such unit owner, shall be eligible to receive  a  partial  abatement  pursuant  to paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdivision.  (b)  In  a  city  having a population of one million or more, dwelling units owned by tenant-stockholders who, as  of  the  applicable  taxable status  date,  own no more than three dwelling units in any one property held in the cooperative form of ownership, shall be eligible to  receive a  partial  abatement of real property taxes, as set forth in paragraphs (c),  (d),  (d-1),  (d-2),  (d-3),  (d-4),  (d-5)  and  (d-6)  of   this subdivision;  provided, however, that a property held in the cooperative form of ownership that is receiving complete or  partial  real  property tax  exemption  or tax abatement pursuant to any other provision of this chapter or any other state or local law, except as provided in paragraph (f) of this subdivision, shall not be  eligible  to  receive  a  partial abatement pursuant to this section; and provided, further, that sponsors shall  not  be  eligible to receive a partial abatement pursuant to this section; and provided, further, that in the fiscal years  commencing  in calendar  years  two  thousand twelve through two thousand twenty-two no more  than  a  maximum  of   three   dwelling   units   owned   by   any tenant-stockholder  in  a  single  building,  one  of  which must be the primary residence of  such  tenant-stockholder,  shall  be  eligible  to receive  a  partial abatement pursuant to paragraphs (d-1), (d-2), (d-3) and  (d-4)  of  this  subdivision.  For  purposes  of  this  section,  a tenant-stockholder  of  a  cooperative  apartment  corporation  shall be deemed to own the dwelling unit which  is  represented  by  his  or  her shares  of  stock in such corporation. Any abatement so granted shall be credited by the appropriate taxing authority against the tax due on  the property  as  a  whole.  The  reduction  in real property taxes received thereby shall be  credited  by  the  cooperative  apartment  corporation against the amount of such taxes attributable to eligible dwelling units at the time of receipt.  (b-1)  Notwithstanding any other provision of law to the contrary, the provisions of this section shall apply to  any  dwelling  unit  held  in trust  solely for the benefit of a person or persons who would otherwise be eligible for an abatement, pursuant to this section, were such person or persons the owner or owners of such dwelling unit.  (c) Eligible dwelling units in property whose  average  unit  assessed value  is less than or equal to fifteen thousand dollars shall receive a  partial abatement of the real property taxes attributable to or  due  on such dwelling units, as follows:  (i)  not  to  exceed  four  percent  in  the fiscal year commencing in calendar year nineteen hundred ninety-six;  (ii) sixteen percent in the fiscal year commencing  in  calendar  year nineteen hundred ninety-seven;  (iii)  twenty-five  percent  in the fiscal year commencing in calendar year nineteen hundred ninety-eight;  (iv) twenty-five percent in the fiscal  year  commencing  in  calendar year nineteen hundred ninety-nine;  (v) twenty-five percent in the fiscal year commencing in calendar year two thousand;  (vi)  twenty-five  percent  in  the fiscal year commencing in calendar year two thousand one;  (vii) twenty-five percent in the fiscal year  commencing  in  calendar year two thousand two;  (viii)  twenty-five  percent in the fiscal year commencing in calendar year two thousand three;  (ix) twenty-five percent in the fiscal  year  commencing  in  calendar year two thousand four;  (x) twenty-five percent in the fiscal year commencing in calendar year two thousand five;  (xi)  twenty-five  percent  in  the fiscal year commencing in calendar year two thousand six;  (xii) twenty-five percent in the fiscal year  commencing  in  calendar year two thousand seven;  (xiii)  twenty-five  percent in the fiscal year commencing in calendar year two thousand eight;  (xiv) twenty-five percent in the fiscal year  commencing  in  calendar year two thousand nine;  (xv)  twenty-five  percent  in  the fiscal year commencing in calendar year two thousand ten;  (xvi) twenty-five percent in the fiscal year  commencing  in  calendar year two thousand eleven.  (d)  Eligible  dwelling  units in property whose average unit assessed value is greater than fifteen thousand dollars shall receive  a  partial abatement  of  the  real  property  taxes attributable to or due on such dwelling units, as follows:  (i) not to exceed two and three-quarters percent in  the  fiscal  year commencing in calendar year nineteen hundred ninety-six;  (ii)  ten  and three-quarters percent in the fiscal year commencing in calendar year nineteen hundred ninety-seven;  (iii) seventeen and one-half percent in the fiscal year commencing  in calendar year nineteen hundred ninety-eight;  (iv)  seventeen  and one-half percent in the fiscal year commencing in calendar year nineteen hundred ninety-nine;  (v) seventeen and one-half percent in the fiscal  year  commencing  in calendar year two thousand;  (vi)  seventeen  and one-half percent in the fiscal year commencing in calendar year two thousand one;  (vii) seventeen and one-half percent in the fiscal year commencing  in calendar year two thousand two;  (viii) seventeen and one-half percent in the fiscal year commencing in calendar year two thousand three;  (ix)  seventeen  and one-half percent in the fiscal year commencing in calendar year two thousand four;  (x) seventeen and one-half percent in the fiscal  year  commencing  in calendar year two thousand five;  (xi)  seventeen  and one-half percent in the fiscal year commencing in calendar year two thousand six;  (xii)  seventeen and one-half percent in the fiscal year commencing in calendar year two thousand seven;  (xiii) seventeen and one-half percent in the fiscal year commencing in calendar year two thousand eight;  (xiv) seventeen and one-half percent in the fiscal year commencing  in calendar year two thousand nine;  (xv)  seventeen  and one-half percent in the fiscal year commencing in calendar year two thousand ten;  (xvi) seventeen and one-half percent in the fiscal year commencing  in calendar year two thousand eleven.  (d-1)  In  the  fiscal years commencing in calendar years two thousand twelve, two  thousand  thirteen  and  two  thousand  fourteen,  eligible dwelling  units  in  property  whose average unit assessed value is less than or  equal  to  fifty  thousand  dollars  shall  receive  a  partial abatement  of  the  real  property  taxes attributable to or due on such dwelling units of twenty-five percent, twenty-six and  one-half  percent and twenty-eight and one-tenth percent respectively. In the fiscal years commencing  in  calendar years two thousand fifteen through two thousand twenty-two eligible  dwelling  units  in  property  whose  average  unit assessed  value  is  less  than or equal to fifty thousand dollars shall receive a partial abatement of the real property taxes  attributable  to or due on such dwelling units of twenty-eight and one-tenth percent.  (d-2)  In  the  fiscal years commencing in calendar years two thousand twelve, two  thousand  thirteen  and  two  thousand  fourteen,  eligible dwelling  units  in  property  whose average unit assessed value is more than fifty thousand dollars,  but  less  than  or  equal  to  fifty-five thousand dollars, shall receive a partial abatement of the real property taxes  attributable  to  or due on such dwelling units of twenty-two and one-half percent, twenty-three and eight-tenths percent and  twenty-five and  two-tenths  percent respectively. In the fiscal years commencing in calendar years two thousand  fifteen  through  two  thousand  twenty-two eligible dwelling units in property whose average unit assessed value is more  than  fifty thousand dollars, but less than or equal to fifty-five thousand dollars, shall receive a partial abatement of the real property taxes attributable to or due on such dwelling units of  twenty-five  and two-tenths percent.  (d-3)  In  the  fiscal years commencing in calendar years two thousand twelve, two  thousand  thirteen  and  two  thousand  fourteen,  eligible dwelling  units  in  property  whose average unit assessed value is more than fifty-five thousand dollars,  but  less  than  or  equal  to  sixty thousand dollars, shall receive a partial abatement of the real property taxes  attributable  to or due on such dwelling units of twenty percent, twenty-one  and  two-tenths  percent,  and  twenty-two  and  five-tenths percent  respectively.  In the fiscal years commencing in calendar years two thousand fifteen through two thousand twenty-two  eligible  dwelling units  in  property  whose  average  unit  assessed  value  is more than fifty-five thousand dollars, but less than or equal  to  sixty  thousand dollars,  shall  receive  a partial abatement of the real property taxes attributable to  or  due  on  such  dwelling  units  of  twenty-two  and five-tenths percent.  (d-4)  In  the  fiscal years commencing in calendar years two thousand twelve through two  thousand  twenty-two,  eligible  dwelling  units  in property  whose  average unit assessed value is more than sixty thousand dollars shall receive a partial abatement of  the  real  property  taxes attributable  to or due on such dwelling units of seventeen and one-half percent.  (d-5) In the fiscal years commencing in  calendar  year  two  thousand twelve  and  two  thousand  thirteen,  dwelling  units  that received an abatement pursuant to this section in  the  fiscal  year  commencing  in calendar  year two thousand eleven, and that are not eligible to receive benefits   under  paragraph  (d-1),  (d-2),  (d-3),  or  (d-4)  of  this subdivision and that are located in a property that has an average  unit assessed  value  that  is less than or equal to fifteen thousand dollars shall  receive  a  partial  abatement  of  the   real   property   taxes attributable  to  or  due  on such dwelling units of twelve and one half percent,  and  six  and  twenty-five  hundredths  percent  respectively. Provided,  however,  that  no  such  abatement  shall be allowed for any fiscal year commencing in calendar year two thousand fourteen or later.  (d-6) In the fiscal years commencing in  calendar  year  two  thousand twelve  and  two  thousand  thirteen,  dwelling  units  that received an abatement pursuant to this section in  the  fiscal  year  commencing  in calendar  year two thousand eleven, and that are not eligible to receive benefits  under  paragraph  (d-1),  (d-2),  (d-3),  or  (d-4)  of   this subdivision  and that are located in a property that has an average unit assessed value that is  greater  than  fifteen  thousand  dollars  shall receive  a  partial abatement of the real property taxes attributable to or due on such dwelling  units  of  eight  and  seventy-five  hundredths percent,  and  four  and  three hundred seventy-five thousandths percent respectively.  Provided,  however,  that  no  such  abatement  shall  be allowed,  for  any fiscal year in calendar year two thousand fourteen or later.  (e) Partial abatement pursuant to paragraphs (c), (d),  (d-1),  (d-2), (d-3),  (d-4),  (d-5) and (d-6) of this subdivision shall be computed on the net real property taxes attributable to or due on eligible  dwelling units  after deduction for any exemption on such dwelling units received pursuant to any section listed in paragraph (f) of this subdivision  and after  deduction  of  the  portion of any abatement received pursuant to section four hundred eighty-nine of this article that is attributable to a dwelling unit in property held in the cooperative  form  of  ownership and  after  deduction of any abatement received pursuant to section four hundred eighty-nine of this article by a dwelling unit in property  held in the condominium form of ownership.  (f)  For  purposes  of this subdivision, a qualified property shall be deemed not to  be  receiving  complete  or  partial  real  property  tax exemption  or  tax  abatement  if  the qualified property is, or certain dwelling units therein are, receiving benefits pursuant to section  four hundred,  four  hundred  two,  four hundred four, four hundred six, four hundred eight, four  hundred  ten,  four  hundred  ten-a,  four  hundred twelve,  four  hundred  twelve-a,  four  hundred  sixteen,  four hundred eighteen, four hundred twenty-a, four  hundred  twenty-b,  four  hundred twenty-five,  four  hundred  thirty-six,  four hundred fifty-eight, four hundred  fifty-eight-a,  four   hundred   fifty-nine-c,   four   hundred sixty-two,  four  hundred  sixty-seven, four hundred sixty-seven-b, four hundred  ninety-nine-bbb,  or  four  hundred  ninety-nine-bbbb  of  this article,  or  if the qualified property is receiving a tax abatement but not a tax exemption pursuant to section four hundred eighty-nine of this article.  (g) If the billable assessed value of a qualified property is  reduced after  the  assessment roll becomes final, any abatement already granted pursuant to this section shall be adjusted accordingly.  The  difference between  the  original  abatement  and  the  adjusted abatement shall be deducted from any credit otherwise due.  (h)  Notwithstanding  any  other  provision  of  this   section,   the commissioner  of  finance  shall deny, terminate or revoke any abatement  applied for or granted pursuant  to  this  section  with  respect  to  a dwelling  unit  upon  a determination that the transfer of such dwelling unit to the owner who owned such dwelling  unit  as  of  the  applicable taxable  status  date was made primarily for the purpose of receiving an abatement under  this  section.  Upon  making  such  determination,  the commissioner  of  finance  shall deny, terminate or revoke any abatement applied for or granted pursuant to this  section  with  respect  to  any dwelling  unit owned by the transferor that would have been eligible but for such determination. In making such determination,  the  commissioner of  finance may consider, among other factors, the relationship, if any, between the transferor and the transferee and whether the terms  of  the transfer  are  consistent with the terms generally found in transfers of comparable dwelling units.  (i) Notwithstanding any other provision of this section, beginning  in the  fiscal  year commencing in calendar year two thousand twenty-two no dwelling unit in a property other than a  qualified  property  shall  be eligible to receive a tax abatement under this section.   3.  Application  for  abatement.   (a) An application for an abatement pursuant to this section for the fiscal year commencing in calendar year nineteen hundred ninety-six shall be made no later  than  the  fifteenth day  of  September,  nineteen  hundred ninety-six. An application for an abatement pursuant to this section for the  fiscal  year  commencing  in calendar  year nineteen hundred ninety-seven shall be made no later than the first day of April, nineteen hundred  ninety-seven.  An  application for an abatement pursuant to this section for the fiscal year commencing in  calendar  year  nineteen hundred ninety-eight shall be made no later than  the  first  day  of  April,  nineteen  hundred  ninety-eight.   An application  for  an  abatement  pursuant to this section for the fiscal year commencing in calendar year nineteen hundred ninety-nine  shall  be made in accordance with this subdivision and subdivision three-a of this section.  An  application  for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand shall  be  made no   later  than  the  fifteenth  day  of  February,  two  thousand.  An application for an abatement pursuant to this  section  for  the  fiscal year  commencing  in  calendar  year  two  thousand one shall be made in accordance  with  this  subdivision  and  subdivision  three-b  of  this section.  An  application  for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand  two  shall  be made  no later than the fifteenth day of February, two thousand two.  An application for an abatement pursuant to this  section  for  the  fiscal year  commencing  in  calendar  year two thousand three shall be made no later than the  fifteenth  day  of  February,  two  thousand  three.  An application  for  an  abatement  pursuant to this section for the fiscal year commencing in calendar year two thousand  four  shall  be  made  in accordance  with  this  subdivision  and  subdivision  three-c  of  this section. An application for an abatement pursuant to  this  section  for the  fiscal  year commencing in calendar year two thousand five shall be made no later than the fifteenth day of February, two thousand five.  An application  for  an  abatement  pursuant to this section for the fiscal year commencing in calendar year two thousand six shall be made no later than the fifteenth day of February, two thousand six. An application for an abatement pursuant to this section for the fiscal year commencing  in calendar  year  two  thousand  seven  shall  be  made  no later than the fifteenth day of  February,  two  thousand  seven.  An  application  for abatement  pursuant  to  this  section for the fiscal year commencing in calendar year two thousand eight shall be made in accordance  with  this subdivision  and subdivision three-d of this section. An application for an abatement pursuant to this section for the fiscal year commencing  in  calendar  year  two  thousand  nine  shall  be  made  no  later than the fifteenth day of February, two thousand  nine.  An  application  for  an abatement  pursuant  to  this  section for the fiscal year commencing in calendar year two thousand ten shall be made no later than the fifteenth day  of  February,  two  thousand  ten.  An application for an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand eleven shall be made no later than  the  fifteenth  day  of February,  two thousand eleven. An application for an abatement pursuant to this section for the fiscal years commencing in  calendar  years  two thousand  twelve  and  two thousand thirteen shall be made in accordance with subdivision three-e of this section. The date  or  dates  by  which applications for an abatement pursuant to this section shall be made for the  fiscal  years  beginning  in  calendar  years two thousand fourteen through two thousand twenty-two shall be established by the commissioner of finance by rule, provided that such date or dates shall not be  later than the fifteenth day of February for such calendar years.  (b)  An application for an abatement pursuant to this section shall be submitted to the commissioner of finance by the board of managers  of  a condominium  or  the  board  of  directors  of  a  cooperative apartment corporation, provided that the  commissioner  of  finance  may  by  rule require  the  unit  owner or shareholder of a dwelling unit to submit an application to  supplement  information  contained  in  the  application submitted  by  the  board  of  managers of a condominium or the board of directors of a cooperative apartment corporation and may by  rule  apply and  adjust,  as appropriate, any provisions of this section that relate to applications submitted by such boards to  applications  submitted  by such  owners. The commissioner of finance shall by rule require the unit owner or the shareholder of a  dwelling  unit  to  certify  the  primary residence of such unit owner or shareholder.  (c)  No abatement pursuant to this section shall be granted unless the applicant files an application for an abatement within the time  periods prescribed  in paragraph (a) of this subdivision or subdivision three-a, three-b, three-c, three-d or three-e of this section, provided, however, that the commissioner of finance may, for good cause shown,  extend  the time for filing an application.  (d)  The  commissioner  of  finance  shall  determine  the form of the application and the information which it shall contain. The  information contained  in  the  application  shall  be  provided with respect to the qualified property as of the taxable status date for the fiscal year  to which  the application relates. Such information shall include, but need not be limited to:  (i) physical data, such as a description of  the  qualified  property, stating  the  number of stories, the number of dwelling and non-dwelling units, unit designations with their locations, approximate area of  each unit,  number  of  rooms  in  each unit, common interest of or number of shares allocated to each unit, and the  total  number  of  shares  in  a cooperative apartment corporation;  (ii)  the  names  and social security or tax identification numbers of owners of all units;  (iii) the names and social security or tax identification  numbers  of sponsors owning units; and  (iv)  the  name  and  address of the person designated by the board of directors or board of managers for receipt of notices issued pursuant to this section.  (e) The burden of proof shall be on the applicant  to  show  that  the requirements  for  granting an abatement have been met. The commissioner of finance shall have  the  authority  to  require  that  statements  in connection with such application be made under oath by a duly authorized  member  of  the  board  of directors or managers. Such application shall contain the following  declaration:  "I  certify  that  all  information contained  in  this  application  is  true and correct to the best of my knowledge  and belief. I understand that the willful making of any false statement of material fact herein will subject me to the  provisions  of law  relevant  to  the  making  and filing of false instruments and will render this application null and  void."  Such  application  shall  also state  that  the  applicant  agrees to comply with and be subject to the rules issued from time to time by the commissioner of  finance  pursuant to this section.  (f)  Notwithstanding  any  other  provision  of  law  to the contrary, application by  the  board  of  directors  of  a  cooperative  apartment corporation  for  an  abatement  pursuant to this section for the fiscal year commencing in calendar year two  thousand  shall  be  made  by  the filing  of  an information return pursuant to subdivision (g) of section 11-2105 of the administrative code of the city of New York, as added  by local  law  number  fifty-eight  of  the  city  of New York for the year nineteen hundred eighty-nine, including an election  by  such  board  of directors  that  such information return be deemed an application for an abatement pursuant to this  section  for  such  fiscal  year,  provided, however,  that  where  the  board  of directors files the application on behalf of a cooperative apartment corporation that is not  receiving  an abatement  pursuant  to  this  section for the fiscal year commencing in calendar year nineteen hundred ninety-nine, then the board of  directors shall  be  required  to  file,  in  addition  to  the information return pursuant to subdivision (g) of section  11-2105  of  the  administrative code  of  the city of New York, as added by local law number fifty-eight of the city of New York for the year nineteen hundred  eighty-nine,  any information  return  covering  a  reporting period beginning on or after January first, nineteen hundred ninety-six,  that  has  not  been  filed previously.  Information  returns that are deemed to be applications for an abatement  pursuant  to  this  paragraph  shall  be  subject  to  the provisions  of this section relating to such applications including, but not limited to, the provisions of this subdivision and subdivision  four of this section.  (g)  Notwithstanding  any  other  provision  of  law  to the contrary, application by  the  board  of  directors  of  a  cooperative  apartment corporation  for  an  abatement  pursuant to this section for either the fiscal year commencing in calendar year two thousand two or  the  fiscal year commencing in calendar year two thousand three shall be made by the filing  of  an information return pursuant to subdivision (g) of section 11-2105 of the administrative code of the city of New York, as added  by local  law  number  fifty-eight  of  the  city  of New York for the year nineteen hundred eighty-nine, including an election  by  such  board  of directors  that  such information return be deemed an application for an abatement pursuant to this  section  for  such  fiscal  year,  provided, however,  that  where  the  board  of  directors files an application on behalf of a cooperative apartment corporation that is not  receiving  an abatement  pursuant  to  this  section  for  the fiscal year immediately preceding the fiscal year for which the application is filed,  then  the board  of  directors  shall  be  required  to  file,  in addition to the information return pursuant to subdivision (g) of section 11-2105 of the administrative code of the city of New  York,  as  added  by  local  law number fifty-eight of the city of New York for the year nineteen hundred eighty-nine,   any   information  return  covering  a  reporting  period beginning on or after January first, nineteen hundred  ninety-six,  that has not been filed previously. Information returns that are deemed to be applications  for  an  abatement  pursuant  to  this  paragraph shall be  subject to the provisions of this section relating to such  applications including,  but  not  limited to, the provisions of this subdivision and subdivision four of this section.  (h)  Notwithstanding  any  other  provision  of  law  to the contrary, application by  the  board  of  directors  of  a  cooperative  apartment corporation  for  an  abatement  pursuant to this section for either the fiscal year commencing in calendar year two thousand five or the  fiscal year commencing in the calendar year two thousand six or the fiscal year commencing  in  the  calendar year two thousand seven or the fiscal year commencing in the calendar year two thousand eight or  the  fiscal  year commencing  in  the  calendar  year two thousand nine or the fiscal year commencing in the calendar year two thousand  ten  or  the  fiscal  year commencing in the calendar year two thousand eleven shall be made by the filing  of  an information return pursuant to subdivision (g) of section 11-2105 of the administrative code of the city of New York, as added  by local  law  number  fifty-eight  of  the  city  of New York for the year nineteen hundred eighty-nine, including an election  by  such  board  of directors  that  such information return be deemed an application for an abatement pursuant to this  section  for  such  fiscal  year,  provided, however,  that  where  the  board  of  directors files an application on behalf of a cooperative apartment corporation that is not  receiving  an abatement  pursuant  to  this  section  for  the fiscal year immediately preceding the fiscal year for which the application is filed,  then  the board  of  directors  shall  be  required  to  file,  in addition to the information return pursuant to subdivision (g) of section 11-2105 of the administrative code of the city of New  York,  as  added  by  local  law number fifty-eight of the city of New York for the year nineteen hundred eighty-nine,   any   information  return  covering  a  reporting  period beginning on or after January first, nineteen hundred  ninety-six,  that has not been filed previously. Information returns that are deemed to be applications  for  an  abatement  pursuant  to  this  paragraph shall be subject to the provisions of this section relating to such  applications including,  but  not  limited to, the provisions of this subdivision and subdivision four of this section.   3-a. (a) An applicant whose property  did  not  receive  an  abatement pursuant to this section for the fiscal year commencing in calendar year nineteen  hundred  ninety-eight  shall  submit  an  application  for  an abatement pursuant to this section for the  fiscal  year  commencing  in calendar  year  nineteen  hundred  ninety-nine  no later than sixty days following the effective date of the chapter  of  the  laws  of  nineteen hundred ninety-nine that added this subdivision.  (b)  The  abatement  for  the  fiscal year commencing in calendar year nineteen hundred ninety-nine of a cooperative apartment corporation that received an abatement pursuant to  this  section  for  the  fiscal  year commencing  in  calendar  year  nineteen  hundred  ninety-eight and that submitted an information update  form  on  or  before  April  fifteenth, nineteen  hundred  ninety-nine pursuant to a request by the commissioner of finance,  shall  be  based  on  the  information  contained  in  such information update form.  (c)  The  abatement  for  the  fiscal year commencing in calendar year nineteen hundred ninety-nine of a cooperative apartment corporation that received an abatement pursuant to  this  section  for  the  fiscal  year commencing  in  calendar year nineteen hundred ninety-eight and that did not submit an information update form  on  or  before  April  fifteenth, nineteen  hundred  ninety-nine pursuant to a request by the commissioner of  finance,  shall  be  based  on  the  information  contained  in  the application  submitted  in  nineteen hundred ninety-eight, provided that nothing in this paragraph shall authorize or require the commissioner of  finance to grant an abatement with respect to a property or  a  dwelling unit  that  is not eligible as of the applicable taxable status date for the  fiscal  year  commencing  in   calendar   year   nineteen   hundred ninety-nine.  (d)  The board of managers of a condominium that received an abatement pursuant to this section for the fiscal year commencing in calendar year nineteen  hundred  ninety-eight  shall  submit  an  application  for  an abatement  pursuant  to  this  section for the fiscal year commencing in calendar year nineteen hundred ninety-nine  no  later  than  sixty  days following  the  effective  date  of  the chapter of the laws of nineteen hundred ninety-nine that  added  this  subdivision.  If  such  board  of managers  does  not  submit such application within sixty days following the effective date of the  chapter  of  the  laws  of  nineteen  hundred ninety-nine  that  added  this  subdivision,  then the abatement for the fiscal year commencing in calendar year nineteen hundred ninety-nine for such condominium shall be based on  the  information  contained  in  the application  submitted  in  nineteen hundred ninety-eight, provided that nothing in this paragraph shall authorize or require the commissioner of finance to grant an abatement with respect to a property or  a  dwelling unit  that  is not eligible as of the applicable taxable status date for the  fiscal  year  commencing  in   calendar   year   nineteen   hundred ninety-nine.   3-b.  (a)  An  applicant  whose  property did not receive an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand shall submit an application for an  abatement  pursuant  to this  section  for  the  fiscal  year  commencing  in  calendar year two thousand one no later than sixty days following the  effective  date  of the chapter of the laws of two thousand one that added this subdivision.  (b)  The abatement for the fiscal year commencing in calendar year two thousand one of a cooperative apartment  corporation  that  received  an abatement  pursuant  to  this  section for the fiscal year commencing in calendar year two thousand and that submitted an information  return  on or  before  February  fifteenth,  two  thousand  one,  that  included an election by  the  board  of  directors  of  such  cooperative  apartment corporation that such information return be deemed an application for an abatement  pursuant to this section for such fiscal year, shall be based on the information contained in such information return.  (c) The abatement for the fiscal year commencing in calendar year  two thousand  one  of  a  cooperative apartment corporation that received an abatement pursuant to this section for the  fiscal  year  commencing  in calendar  year  two thousand and that submitted an information return on or before February fifteenth, two thousand one, that did not include  an election  by  the  board  of  directors  of  such  cooperative apartment corporation that such information return be deemed an application for an abatement pursuant to this section for such fiscal year, shall be  based on  the  information  contained  in  the  application  submitted  in two thousand or on the information contained in such information return,  or both, provided that nothing in this paragraph shall authorize or require the  commissioner  of  finance  to  grant an abatement with respect to a property or a dwelling unit that is not eligible as  of  the  applicable taxable  status date for the fiscal year commencing in calendar year two thousand one.  (d) The board of managers of a condominium that received an  abatement pursuant to this section for the fiscal year commencing in calendar year two  thousand  shall  submit an application for an abatement pursuant to this section for  the  fiscal  year  commencing  in  calendar  year  two thousand  one  no  later than sixty days following the effective date of the chapter of the laws of two thousand one that added this subdivision.  If such board of managers does not submit such application within  sixty days  following  the  effective  date  of the chapter of the laws of two thousand one that added this subdivision, then  the  abatement  for  the fiscal  year  commencing  in  calendar  year  two  thousand one for such condominium  shall  be  based  on  the  information  contained  in   the application  submitted  in  two  thousand, provided that nothing in this paragraph shall authorize or require  the  commissioner  of  finance  to grant an abatement with respect to a property or a dwelling unit that is not  eligible  as  of  the applicable taxable status date for the fiscal year commencing in calendar year two thousand one.   3-c. (a) An applicant whose property  did  not  receive  an  abatement pursuant to this section for the fiscal year commencing in calendar year two thousand three shall submit an application for an abatement pursuant to  this  section  for  the  fiscal year commencing in calendar year two thousand four no later than sixty days following the effective  date  of the   chapter  of  the  laws  of  two  thousand  four  that  added  this subdivision.  (b) The abatement for the fiscal year commencing in calendar year  two thousand  four  of  a cooperative apartment corporation that received an abatement pursuant to this section for the  fiscal  year  commencing  in calendar  year  two  thousand  three  and  that submitted an information return on or before February fifteenth, two thousand four, that included an election by the board of  directors  of  such  cooperative  apartment corporation that such information return be deemed an application for an abatement  pursuant to this section for such fiscal year, shall be based on the information contained in such information return.  (c) The abatement for the fiscal year commencing in calendar year  two thousand  four  of  a cooperative apartment corporation that received an abatement pursuant to this section for the  fiscal  year  commencing  in calendar  year  two  thousand  three  and  that submitted an information return on or before February fifteenth, two thousand four, that did  not include  an  election  by  the  board  of  directors of such cooperative apartment  corporation  that  such  information  return  be  deemed   an application  for  an  abatement pursuant to this section for such fiscal year, shall be based on the information  contained  in  the  application submitted  in two thousand three or on the information contained in such information return, or both, provided that  nothing  in  this  paragraph shall  authorize  or  require  the  commissioner  of finance to grant an abatement with respect to a property or a  dwelling  unit  that  is  not eligible  as  of  the applicable taxable status date for the fiscal year commencing in calendar year two thousand four.  (d) The board of managers of a condominium that received an  abatement pursuant to this section for the fiscal year commencing in calendar year two thousand three shall submit an application for an abatement pursuant to  this  section  for  the  fiscal year commencing in calendar year two thousand four no later than sixty days following the effective  date  of the   chapter  of  the  laws  of  two  thousand  four  that  added  this subdivision. If such board of managers does not submit such  application within  sixty  days  following  the effective date of the chapter of the laws of  two  thousand  four  that  added  this  subdivision,  then  the abatement  for  the fiscal year commencing in calendar year two thousand four for such condominium shall be based on the information contained in the application submitted in two thousand three, provided  that  nothing in this paragraph shall authorize or require the commissioner of finance to grant an abatement with respect to a property or a dwelling unit that is  not eligible as of the applicable taxable status date for the fiscal year commencing in calendar year two thousand four.    3-d. (a) an applicant whose property  did  not  receive  an  abatement pursuant to this section for the fiscal year commencing in calendar year two thousand seven shall submit an application for an abatement pursuant to  this  section  for  the  fiscal year commencing in calendar year two thousand  eight no later than sixty days following the effective date of the  chapter  of  the  laws  of  two  thousand  eight  that  added  this subdivision.  (b)  the abatement for the fiscal year commencing in calendar year two thousand eight of a cooperative apartment corporation that  received  an abatement  pursuant  to  this  section for the fiscal year commencing in calendar year two thousand  seven  and  that  submitted  an  information return  on  or  before  February  fifteenth,  two  thousand  eight, that included an election by the  board  of  directors  of  such  cooperative apartment   corporation  that  such  information  return  be  deemed  an application for an abatement pursuant to this section  for  such  fiscal year,  shall  be  based on the information contained in such information return.  (c) the abatement for the fiscal year commencing in calendar year  two thousand  eight  of a cooperative apartment corporation that received an abatement pursuant to this section for the  fiscal  year  commencing  in calendar  year  two  thousand  seven  and  that submitted an information return on or before February fifteenth, two thousand eight, that did not include an election by  the  board  of  directors  of  such  cooperative apartment   corporation  that  such  information  return  be  deemed  an application for an abatement pursuant to this section  for  such  fiscal year,  shall  be  based  on the information contained in the application submitted in two thousand seven or on the information contained in  such information  return,  or  both,  provided that nothing in this paragraph shall authorize or require the  commissioner  of  finance  to  grant  an abatement  with  respect  to  a  property or a dwelling unit that is not eligible as of the applicable taxable status date for  the  fiscal  year commencing in calendar year two thousand eight.  (d)  the board of managers of a condominium that received an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand seven shall submit an application for an abatement pursuant to this section for the fiscal year  commencing  in  calendar  year  two thousand  eight no later than sixty days following the effective date of the  chapter  of  the  laws  of  two  thousand  eight  that  added  this subdivision.  If such board of managers does not submit such application within sixty days following the effective date of  the  chapter  of  the laws  of  two  thousand  eight  that  added  this  subdivision, then the abatement for the fiscal year commencing in calendar year  two  thousand eight  for  such condominium shall be based on the information contained in the application  submitted  in  two  thousand  seven,  provided  that nothing in this paragraph shall authorize or require the commissioner of finance  to  grant an abatement with respect to a property or a dwelling unit that is not eligible as of the applicable taxable status  date  for the fiscal year commencing in calendar year two thousand eight.   3-e.  (a)  An  applicant  whose  property did not receive an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand  eleven  shall  submit  an  application  for  an  abatement pursuant  to  this  section  for the fiscal years commencing in calendar years two thousand twelve and two thousand thirteen in  accordance  with paragraph (e) of this subdivision.  (b)  The abatement for the fiscal year commencing in calendar year two thousand twelve of a cooperative apartment corporation that received  an abatement  pursuant  to  this  section for the fiscal year commencing in calendar year two thousand eleven  and  that  submitted  an  information  return  on  or  before  February  fifteenth,  two  thousand twelve, that included an election by the  board  of  directors  of  such  cooperative apartment   corporation  that  such  information  return  be  deemed  an application  for  an  abatement pursuant to this section for such fiscal year, shall be based on the information contained  in  such  information return.  (c)  The abatement for the fiscal year commencing in calendar year two thousand twelve of a cooperative apartment corporation that received  an abatement  pursuant  to  this  section for the fiscal year commencing in calendar year two thousand eleven  and  that  submitted  an  information return  on  or  before February fifteenth, two thousand twelve, that did not include an election by the board of directors  of  such  cooperative apartment   corporation  that  such  information  return  be  deemed  an application for an abatement pursuant to this section  for  such  fiscal year,  shall  be  based  on the information contained in the application submitted in two thousand eleven or on the information contained in such information return, or both, provided that  nothing  in  this  paragraph shall  authorize  or  require  the  commissioner  of finance to grant an abatement with respect to a property or a  dwelling  unit  that  is  not eligible  as  of  the applicable taxable status date for the fiscal year commencing in calendar year two thousand twelve.  (d) The board of managers of a condominium that received an  abatement pursuant to this section for the fiscal year commencing in calendar year two  thousand  eleven  shall  submit  an  application  for  an abatement pursuant to this section for the fiscal year commencing in calendar year two thousand twelve no later than sixty  days  following  the  effective date of the chapter of the laws of two thousand thirteen that added this subdivision.  If such board of managers does not submit such application within sixty days following the effective date of  the  chapter  of  the laws  of  two  thousand  thirteen  that added this subdivision, then the abatement for the fiscal year commencing in calendar year  two  thousand twelve  for such condominium shall be based on the information contained in the application submitted  in  two  thousand  eleven,  provided  that nothing in this paragraph shall authorize or require the commissioner of finance  to  grant an abatement with respect to a property or a dwelling unit that is not eligible as of the applicable taxable status  date  for the fiscal year commencing in calendar year two thousand twelve.  (e)   Notwithstanding  paragraphs  (a),  (b),  (c)  and  (d)  of  this subdivision or any other inconsistent provision of law, the commissioner of finance may require each applicant for an abatement  for  the  fiscal years  commencing in calendar years two thousand twelve and two thousand thirteen to submit an application by a date and in a form determined  by such  commissioner and such commissioner may deny abatements pursuant to this section for  failure  to  submit  such  application  by  such  date provided  that  such date shall be no earlier than thirty days following the date on which the commissioner releases the application form.   4. Except in accordance with proper judicial  order  or  as  otherwise provided by law, neither the commissioner of finance, nor any officer or employee of a department of finance of a city having a population of one million  or  more,  nor any person who, pursuant to this subdivision, is authorized to  inspect  the  application  or  statements  in  connection therewith  required  by  this  section, shall disclose or make known the contents of any such application or statements. Except  as  provided  in this  subdivision,  the  officers  charged  with the custody of any such application or statements shall not be required to produce them  in  any action or proceeding in any court or before any administrative tribunal, but  any such application or statements may be produced on behalf of the department of finance. An affidavit certifying that all building service  employees employed or to be employed at  the  qualified  property  shall receive  the applicable prevailing wage may be produced in any action or proceeding in any court or  before  any  administrative  tribunal.  Such affidavit   shall  be  considered  a  public  record.  Nothing  in  this subdivision shall be construed to prohibit delivery to  an  owner  of  a dwelling  unit  of  a  qualified  property  situated  in a city having a population of one million or more  of  a  copy  of  any  application  or statements  pertaining  to  such  dwelling  unit,  upon request and with personally identifying information redacted. Nothing in this subdivision shall be construed to prohibit the delivery of a certified copy  of  any such  application  or  statements to the United States of America or any department thereof, the state of New York or any department thereof,  or a  city  having  a  population  of one million or more or any department thereof, provided any such application or statements  are  required  for official  business; nor to prohibit the inspection for official business of any such application or statements by the tax commission  of  a  city having  a  population  of  one  million  or  more, or by the corporation counsel or other legal representative of a city having a  population  of one  million  or  more,  or  by  any  person  engaged or retained by the department of finance on an independent contract basis; nor to  prohibit the   publication   of  statistics  so  classified  as  to  prevent  the identification  of  any  particular  application  or   statements.   The foregoing  provisions  of this subdivision prohibiting disclosure of the contents of applications or statements shall not apply to physical  data relating to the qualified property described therein.   5.  The  commissioner  of  finance  shall  be  authorized to defer the credit, pursuant to this section, for the fiscal year commencing in  the calendar  year nineteen hundred ninety-six to the fiscal year commencing in  the  calendar  year  nineteen  hundred  ninety-seven.  The  credits, pursuant  to  this  section,  for  the  fiscal  years  commencing in the calendar  years  nineteen  hundred  ninety-seven  and  nineteen  hundred ninety-eight shall not be deferred.   6.  The  commissioner  of  finance  may  impose,  after  notice and an opportunity to be heard, civil penalties on each member of a cooperative board of directors of no more than ten thousand dollars for the  willful failure  to  credit  fully  any  tax  abatement granted pursuant to this section to eligible dwelling units.   7. The commissioner of finance shall be authorized to promulgate rules necessary to effectuate the purposes of  this  section.  Notwithstanding any  other provision of law to the contrary, such rules may include, but need not be  limited  to,  denial,  termination  or  revocation  of  any abatement  pursuant  to this section if building service workers are not paid the prevailing wage or if any dwelling unit in a qualified property held in the condominium form of ownership or a qualified  property  held in  the cooperative form of ownership has real property taxes, water and sewer charges, payments in lieu of taxes or other municipal charges  due and  owing,  unless  such  real property taxes, water and sewer charges, payments in lieu of taxes or other municipal charges are currently being paid in timely installments pursuant to a  written  agreement  with  the department of finance or other appropriate agency.   8.  Except  to  the  extent  that  the  owner  of a dwelling unit of a qualified property situated in a city having a population of one million or more may request a redacted copy of  any  application  or  statements pertaining  to  such  dwelling  unit, as provided in subdivision four of this section, the information contained in applications or statements in connection therewith filed with the commissioner of finance pursuant  to subdivision three, three-a, three-b, three-c, three-d or three-e of this  section  shall  not  be  subject  to disclosure under article six of the public officers law.   9.  The  commissioner  of  finance  shall be authorized to prepare and submit amended  tax  bills  to  taxpayers  to  reflect  any  adjustments necessary  to  apply  the  partial  abatement  received pursuant to this section. If a condominium or cooperative has  paid  an  amount  that  is different  than the amount due on any amended tax bill, the commissioner of finance may waive any interest otherwise due on such amount.   10. The fiscal officer, as defined in section two  hundred  thirty  of the  labor  law,  shall  have  the power to conduct an investigation and hearing and file a final determination as to the payment of  wages  owed by  an  owner, successor, or any employer of building service employees, as provided under subdivisions one, four, five, six, eight and  nine  of section two hundred thirty-five of the labor law.