2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2 - Private Property › 467-E - Rebate for Owners or Tenant-Stockholders of One,two or Three Family Residences or Residential Property Held in the Condominium or Cooperative Form Of

§ 467-e. Rebate for owners or tenant-stockholders of one, two or three
family  residences  or  residential  property held in the condominium or
cooperative form of ownership in a  city  having  a  population  of  one
million  or  more.  1.  Generally.  Notwithstanding any provision of any
general, special or local  law  to  the  contrary,  any  city  having  a
population  of one million or more is hereby authorized and empowered to
adopt and amend local laws in accordance with this section  to  grant  a
rebate of real property taxes for fiscal years beginning on the first of
July,  two  thousand  three  and  ending  on  the thirtieth of June, two
thousand nine in the amount of the lesser of four hundred dollars or the
annual tax liability imposed on the property. No such local law  may  be
adopted  unless,  as originally adopted, it authorizes such rebate to be
granted in accordance with this section  for  three  consecutive  fiscal
years beginning with the fiscal year beginning on the first of July, two
thousand  three.  No  such  rebate shall be granted by local law for any
fiscal year beginning on or after the first of July, two thousand  nine,
unless  the council of such city, in fixing the annual tax rates for any
such fiscal year, shall  have  uniformly  reduced  such  rates  for  all
classes  of  property in order to produce real property tax relief among
such classes of property in an amount not less than, in  the  aggregate,
the  aggregate  amount of rebate paid in such fiscal year. No such local
law implementing the provisions of  this  section,  as  amended  by  the
chapter of the laws of two thousand seven which added this sentence, may
be adopted unless, as originally adopted, such local law authorizes such
rebate  to  be  granted  in  accordance  with  this  section  for  three
consecutive fiscal years beginning with the fiscal year beginning on the
first of July, two thousand six. Any rebate authorized by local  law  in
accordance  with this section shall be paid in the fiscal year following
the fiscal year for which the rebate is granted. If, with respect to the
fiscal year of such city beginning on the first of  July,  two  thousand
eight  and  ending  on  the  thirtieth  of  June,  two thousand nine, an
increase in average real property tax rates would otherwise be necessary
in the resolution of such city council fixing real  property  tax  rates
for  such  fiscal  year  pursuant  to the charter of such city, then the
rebate to be paid for such fiscal year shall be reduced or eliminated as
follows: where the sum to be raised by such increase is less than  seven
hundred  fifty  million  dollars,  then  such rebate shall be reduced by
fifty cents for each dollar of increase, and where the sum to be  raised
by  such  increase  is seven hundred fifty million dollars or more, then
such rebate shall be eliminated. The determination of the  reduction  or
elimination  of  such rebate shall be set forth in such resolution after
consultation with the department of finance of such city and shall  take
effect  upon the final adoption of such resolution. Such rebate shall be
paid to  an  owner  or  tenant-stockholder  who,  as  of  the  date  the
application  provided  for  in  subdivision four of this section is due,
owns a one, two  or  three  family  residence  or  a  dwelling  unit  in
residential  property  held  in  the  condominium or cooperative form of
ownership that is the owner or  tenant-stockholder's  primary  residence
and   meets   all   other  eligibility  requirements  of  this  section.
Notwithstanding anything  to  the  contrary  in  sections  four  hundred
twenty-one-a,  four hundred twenty-one-b or four hundred twenty-one-g of
this title, an owner or tenant-stockholder whose property  is  receiving
benefits  pursuant  to  such  sections  shall  not  be  prohibited  from
receiving  a  rebate  pursuant  to  this  section  if  such   owner   or
tenant-stockholder   is  otherwise  eligible  to  receive  such  rebate.
Tenant-stockholders  of  dwelling  units  in  a  cooperative   apartment
corporation  incorporated  as  a mutual company pursuant to article two,
four, five or eleven of the private housing finance  law  shall  not  be

entitled  to the rebate authorized by this section. Such rebate shall be
paid  by  the  commissioner   of   finance   to   eligible   owners   or
tenant-stockholders   in   accordance  with  rules  promulgated  by  the
commissioner of finance.
2.  Eligibility requirements. a. To qualify for the rebate pursuant to
this section (1) the property  must  be  a  one,  two  or  three  family
residence or residential property held in the condominium or cooperative
form of ownership;
(2) the property must serve as the primary residence of one or more of
the owners or tenant-stockholders thereof; and
(3)  the  owner must not be in arrears in the payment of real property
taxes in an amount in excess of twenty-five dollars for the fiscal  year
for  which  the  rebate  is  claimed and all prior fiscal years, and for
residential property held in the cooperative form  of  ownership,  there
must be no arrears in the payment of real property taxes in an amount in
excess  of  an  average of twenty-five dollars per dwelling unit in such
cooperative apartment corporation for the  fiscal  year  for  which  the
rebate is claimed and all prior fiscal years.
b. If legal title to the property is held by one or more trustees, the
beneficial  owner  or  owners  shall  be  deemed to own the property for
purposes of this subdivision.
3. Definitions. As used in this section:
a. "Applicant" means the owner  or  owners  or  tenant-stockholder  or
tenant-stockholders of the property.
b.  "Commissioner  of  finance" means the commissioner of finance of a
city having a population of one million or more, or his or her designee.
c. "Property" means a one, two or three family residence or a dwelling
unit in residential property held in the condominium or cooperative form
of ownership.
4. Application procedure. a. Generally. Notwithstanding any  provision
of any general, special or local law to the contrary, an application for
a  rebate  pursuant  to  this  section for the fiscal year beginning the
first of July, two thousand three, shall be made no later than the  date
published by the commissioner of finance in the city record and in other
appropriate  general  notices  pursuant  to this subdivision, which date
shall be no earlier than thirty days after the effective  date  of  this
subdivision.  An  application  for a rebate pursuant to this section for
fiscal years beginning on or after the first of July, two thousand  four
and  ending on the thirtieth of June, two thousand six, shall be made no
later than the fifteenth of March of  the  fiscal  year  for  which  the
rebate  is claimed. An application for a rebate pursuant to this section
for fiscal years beginning on or after the first of July,  two  thousand
six,  shall  be  made no later than the first of September following the
fiscal  year  for  which  the  rebate  is   claimed.   All   owners   or
tenant-stockholders  of  property  who  primarily  reside  thereon  must
jointly file an application for the rebate on or before the  application
deadline,  unless such owners or tenant-stockholders currently receive a
real  property  tax  exemption  pursuant   to   section   four   hundred
twenty-five,  four hundred fifty-eight, four hundred fifty-eight-a, four
hundred fifty-nine-c or four hundred sixty-seven of this title, in which
case no separate application for a rebate pursuant to this section shall
be required. Such application may be filed by mail if it is enclosed  in
a  postpaid  envelope properly addressed to the commissioner of finance,
deposited in a post office or official depository  under  the  exclusive
care  of  the United States postal service, and postmarked by the United
States postal service on or before the application deadline.  Each  such
application  shall  be  made on a form prescribed by the commissioner of
finance, which shall require  the  applicant  to  agree  to  notify  the

commissioner  of  finance if his, her or their primary residence changes
after receiving the rebate pursuant to this section, or after filing  an
application  for  such  rebate,  if  his, her or their primary residence
changes after filing such application, but before receiving such rebate.
The  commissioner of finance may request that proof of primary residence
be submitted with the application. No rebate pursuant  to  this  section
shall  be  granted  unless  the  applicant, if required to do so by this
subdivision, files an application within the time periods prescribed  in
this subdivision.
b.  Approval  or denial of application. If the commissioner of finance
determines that the applicant is entitled to the rebate pursuant to this
section, the commissioner shall approve the application and  such  owner
or  tenant-stockholder  shall  thereafter  be  entitled to the rebate as
provided in this section. If the commissioner of finance determines that
the applicant is not entitled to the rebate pursuant  to  this  section,
the commissioner shall mail to each applicant not entitled to the rebate
a  notice  of denial of that application for the rebate for that year in
accordance with rules for denial of applications to  be  promulgated  by
the  commissioner  of  finance.  The  notice of denial shall specify the
reason for such denial and shall be sent on a  form  prescribed  by  the
commissioner  of  finance.  Failure to mail any such notice of denial or
the failure of any applicant to receive such notice  shall  not  prevent
the  levy,  collection  and  enforcement  of  taxes  on such applicant's
property.
c.  Proof  of  residency.  (1)  Requests.  From  time  to  time,   the
commissioner of finance may request proof of residency from the owner or
tenant-stockholder receiving a rebate pursuant to this section.
(2)  Timing. A request for proof of residency shall be mailed at least
sixty days prior to the  ensuing  application  deadline.  The  owner  or
tenant-stockholder  shall submit proof of his, her or their residency in
an  application  to  the  commissioner  of  finance  on  or  before  the
application deadline.
d.  Review  of  submission.  The  burden  shall be on the applicant to
establish that the property is his, her or their primary  residence  and
that  any  other requirements to obtain the rebate are satisfied. If the
applicant submits proof  of  residency  on  or  before  the  application
deadline,  and  the  submission  demonstrates  to  the  commissioner  of
finance's satisfaction that the property is the primary residence of the
applicant, and  if  the  requirements  of  this  section  are  otherwise
satisfied,  the  rebate  shall  be  paid. Otherwise, the commissioner of
finance shall discontinue  the  rebate  and,  where  appropriate,  shall
proceed as further provided herein.
e.  Oath.  The  commissioner  of  finance  shall have the authority to
require that statements made in connection with  any  application  filed
pursuant  to  this  section  be  made under oath. 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 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  promulgated  from  time  to  time  by the commissioner of finance
pursuant to this section.
5. Discontinuance of rebate. a. Generally. The commissioner of finance
shall discontinue any rebate paid or granted pursuant to this section if
it appears that: (1) the property may not be the  primary  residence  of
the  owner or tenant-stockholder who received or applied for the rebate,

(2) title to the property  has  been  transferred  to  a  new  owner  or
tenant-stockholder,  or (3) the property is otherwise no longer eligible
for the rebate. For the purposes of this section, title to that  portion
of real property owned by a cooperative apartment corporation in which a
tenant-stockholder of such corporation resides, and which is represented
by his or her share or shares of stock in such corporation as determined
by its or their proportional relationship to the total outstanding stock
of  the  corporation,  including that owned by the corporation, shall be
deemed to be vested in such tenant-stockholder.
b. Rights of owners and tenant-stockholders. Upon determining  that  a
rebate  paid or granted pursuant to this section should be discontinued,
the commissioner of finance shall  mail  a  notice  so  stating  to  the
affected owner or tenant-stockholder at the time and in the manner to be
provided in rules promulgated by the commissioner of finance. Such owner
or  tenant-stockholder  shall  be  entitled  to  seek administrative and
judicial review of such action in the manner provided by law,  provided,
that the burden shall be on the owner or tenant-stockholder to establish
eligibility for the rebate.
6. Recovery of prior rebate. If the commissioner of finance determines
that  the  owner  or tenant-stockholder was (a) not entitled to a rebate
under this section, or (b) that a rebate was paid or calculated in error
under this section, then the commissioner of finance  shall  recover  or
recalculate  such rebate and the amount of the rebate or an amount equal
to the difference between the rebate originally paid and the  amount  to
which  the  owner  or  tenant-stockholder was entitled shall be deducted
from any refund otherwise  payable,  and  any  balance  of  such  amount
remaining  unpaid  shall  be  paid to the commissioner of finance within
thirty days from the date of mailing by the commissioner of finance of a
notice of the amount payable. Such amount payable shall constitute a tax
lien on the property as of the date of such  notice  and,  if  not  paid
within  such  thirty-day  period,  penalty  and  interest  at  the  rate
applicable to delinquent taxes on such property  shall  be  charged  and
collected  on  such  amount  from  the date of such notice to the day of
payment, and such amount payable shall be enforceable as a tax  lien  in
accordance  with  provisions  of  law relating to the enforcement of tax
liens in any such city.
7.  Penalty  for  material  misstatements.  a.   Generally.   If   the
commissioner  of finance determines, within three years from the payment
of a rebate  pursuant  to  this  section,  that  there  was  a  material
misstatement  in  an application filed pursuant to this section or in an
application filed pursuant to section four hundred twenty-five  of  this
title and that such misstatement provided the basis for the payment of a
rebate  under this section, the commissioner of finance shall proceed to
impose a penalty tax against the property of  one  thousand  dollars  in
addition  to recovering the amount of any prior rebate under subdivision
six of this section.  An  application  shall  be  deemed  to  contain  a
material misstatement for this purpose when either:
(1)  the  applicant claimed the property was his, her or their primary
residence, when it was not;
(2) the applicant claimed the  property  was  eligible  for  a  rebate
pursuant to this section, when it was not; or
(3)  the applicant claimed that the applicant owned the property, when
the applicant did not.
b. Procedure. When the  commissioner  of  finance  determines  that  a
penalty  tax  should be imposed, the penalty tax shall be entered on the
next  ensuing  tentative  or  final  assessment  roll.  Each  owner   or
tenant-stockholder shall be given notice of the possible imposition of a

penalty  tax,  and shall be entitled to seek administrative and judicial
review of such action in the manner provided by law.
c.  Additional  consequences. A penalty tax may be imposed pursuant to
this subdivision whether or not the improper rebate has been revoked  in
the manner provided for by this section.
8.  Rulemaking.  The  commissioner  of  finance shall be authorized to
promulgate rules necessary to effectuate the purposes of this section.
9.  Non-disclosure.  The  information  contained  in  applications  or
statements  in  connection  therewith  filed  with  the  commissioner of
finance pursuant to subdivision  four  of  this  section  shall  not  be
subject to disclosure under article six of the public officers law.