2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2-F - Abatement of Tax Payments for Certain Industrial and Commercial Properties in a City of One Million or More Persons › 489-EEEEEE - Reporting Requirement.

§  489-eeeeee.  Reporting  requirement.  1.  Continuing  use.  For the
duration of the benefit period, the recipient  of  benefits  shall  file
biennially  with  the  department,  on or before the appropriate taxable
status date, a statement of the continuing use of such property and  any
changes in use that have occurred, provided, however, that any recipient
of  benefits  receiving  benefits for property defined as a peaking unit
shall file such statement  biannually.  Such  filings  shall  include  a
statement  that  the  recipient  has  not  been  found  by  a  competent
authority, agency or court to have violated state,  city,  or  municipal
business  regulations or ordinances related to payment of taxes, payment
of wages, or fraudulent representation to  governmental  entities.  This
statement  shall be in a form determined by the department and may be in
any format the department determines, in its discretion, is appropriate,
including electronic format. The  department  shall  have  authority  to
terminate  such  benefits  upon  failure  of  a  recipient  to file such
statement by the appropriate taxable status date. The  burden  of  proof
shall  be  on  the  recipient  to  establish  continuing eligibility for
benefits and the department shall have the  authority  to  require  that
statements filed under this subdivision be certified.
2.  Conversion of construction. A recipient shall file an amendment to
the latest statement of continuing use prior to:
(a) converting square footage within property that is the  subject  of
benefits for industrial construction work from use for the manufacturing
activities  described  in  such  statement  of continuing use where such
conversion would result in less than sixty-five  percent  of  total  net
square  footage  being  used  or  held  out  for  use  for manufacturing
activities; or
(b) converting any portion of property that is the subject of benefits
for industrial construction work for use for any restricted activity  or
as residential property.
(c) For all other use conversions, applicants shall immediately notify
the  department  of a change in use, in a manner that the department may
determine.
3. Minimum required expenditure. No later than sixty  days  after  the
minimum  required  expenditure  must  be  made  under subdivision one of
section four hundred eighty-nine-cccccc of  this  title,  the  applicant
shall  submit to the department a certified statement that the applicant
has made the minimum required expenditure as required by this title.
4. Business operation data. A recipient shall biennially file a report
with the department, on or before the appropriate taxable  status  date,
regarding  certain  business  operation data relating to the recipient's
economic impact and outcomes for the duration  of  the  benefit  period,
provided,  however,  that any recipient of benefits for property defined
as a peaking unit shall file  such  statement  biannually.  Such  report
shall  contain  information including, but not limited to, tenancy data,
information regarding employment creation  and  job  retention  and  any
other information deemed relevant by the department.