2023 New York Laws › RPT - Real Property Tax › Article 4 - Exemptions › Title 2 - Private Property › 467-L - Rebate for Owners of Certain Real Property in the City of New York.

§ 467-l. Rebate for owners of certain real property in the city of New
York.  1.  Generally.  Notwithstanding  any  provision  of  any general,
special or local law to the contrary, a 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  the
annual  tax  of  an  eligible  property,  in the amount provided in this
section, for the fiscal  year  beginning  on  the  first  of  July,  two
thousand  twenty-one  and  ending on the thirtieth of June, two thousand
twenty-two  to  the  owner  of  such  eligible  property,  provided  the
qualified  gross  income of all the owners for whom such property serves
as their primary residence was two hundred  fifty  thousand  dollars  or
less in tax year two thousand twenty. Where the eligible property, other
than  an  eligible  property  that  is  a  dwelling  unit in residential
property held in the cooperative form of ownership, is in arrears in the
payment of real property taxes, assessments, and any other charges  that
are  made  a  lien  subject  to the provisions of chapter three of title
eleven of the administrative code of the city of  New  York  other  than
water  rents,  sewer  rents  and  sewer surcharges, such rebate shall be
applied to any such unpaid real property taxes, assessments,  and  other
charges  on  the  account  of such eligible property. Where the eligible
property is  a  dwelling  unit  in  residential  property  held  in  the
cooperative  form  of  ownership  and  such  residential  property is in
arrears in the payment of real  property  taxes,  assessments,  and  any
other  charges that are made a lien subject to the provisions of chapter
three of title eleven of the administrative code of the city of New York
other than water rents, sewer rents and sewer  surcharges,  such  rebate
shall  be  applied  to  any unpaid real property taxes, assessments, and
other charges on the account of such residential property in  an  amount
equal  to  the  proportionate share of the arrears of the dwelling unit.
Notwithstanding any provision of this article to the contrary, an  owner
whose  property  is  receiving benefits pursuant to any other section of
this article shall not be prohibited from receiving a rebate  authorized
pursuant  to this section if such owner is otherwise eligible to receive
such rebate.
2. Definitions. As used in this section the following terms shall have
the following meanings:
a. "Annual tax" means the amount of real property tax that is  imposed
on  a  property  for the fiscal year beginning on the first of July, two
thousand twenty-one, determined after reduction for any amount for which
such property is exempt, or which is abated, pursuant to applicable law,
provided that, for a property that is a  dwelling  unit  in  residential
property  held  in the cooperative form of ownership, "annual tax" means
the amount of real property tax that  is  imposed  on  such  residential
property  divided  by  the  number  of  units  within  such  residential
property,  including  dwelling  units  and  units  used  primarily   for
professional  or commercial purposes, determined after reduction for any
amount for which such property that is a dwelling  unit  is  exempt,  or
which is abated, pursuant to applicable law.
b. "Applicant" means an owner of an eligible property who, pursuant to
subdivision  six  of  this  section, may apply for the rebate authorized
pursuant to this section.
c. "Commissioner of finance" means the commissioner of  finance  of  a
city  having a population of one million or more, or such commissioner's
designee.
d. "Eligible property" means a property that, beginning  on  or  after
June fifteenth, two thousand twenty-two, serves as the primary residence
of  the  owner  of  such  property,  and  served as such owner's primary
residence during the ninety days prior to such date.
e. "Erroneous rebate" means:
(i)  a  rebate  that was granted to an owner who was not entitled to a
rebate under this section; or
(ii) a rebate that was granted  or  calculated  in  error  under  this
section.
f.  "Owner"  means  one  or  more natural persons who, beginning on or
after June fifteenth, two thousand twenty-two, either:
(i) owns a property in fee simple absolute or as a tenant in common, a
joint tenant or a tenant by the entirety;
(ii) is a tenant-stockholder of a  cooperative  apartment  corporation
who  resides  in  a  portion  of real property owned by such cooperative
apartment corporation, to the  extent  represented  by  their  share  or
shares  of stock in such corporation as determined by their proportional
relationship  to  the  total  outstanding  stock  of  such  corporation,
including such stock owned by such corporation; or
(iii) owns a present interest in a property under a life estate or who
is a beneficial owner under a trust.
g.  "Immediate  family  member"  means  an  owner's  spouse,  domestic
partner, sibling or child.
h. "Property" means a  one,  two,  or  three  family  residence  or  a
dwelling  unit  in  residential  property  held  in  the  cooperative or
condominium form of ownership. "Property" shall not include  any  vacant
land.
i.  "Proportionate  share  of the arrears of the dwelling unit" is the
quotient of the amount of unpaid real property taxes,  assessments,  and
other  charges of a residential property held in the cooperative form of
ownership divided by the number of  units  therein,  including  dwelling
units and units used primarily for professional or commercial purposes.
j.  "Qualified  gross  income" means the adjusted gross income for the
taxable year as reported for federal income tax purposes, or which would
be reported as adjusted gross income if a federal income tax return were
required to be filed. In  computing  qualified  gross  income,  the  net
amount  of  loss  reported  on  Federal Schedule C, D, E, or F shall not
exceed three thousand dollars per schedule.
k. "Substantially higher" means no more than two hundred  seventy-five
thousand dollars.
3.  Primary  residence. Any local law adopted pursuant to this section
shall establish a  process  by  which  an  owner  of  a  property  shall
demonstrate  primary  residence,  provided that such local law shall not
require such demonstration from an owner who receives  a  real  property
tax exemption pursuant to section four hundred twenty-five of this title
or  a  school  tax relief credit pursuant to subsection (eee) of section
six hundred six of the tax law for such property  for  the  fiscal  year
commencing on the first of July, two thousand twenty-two.
4.  Amount  of  rebate. The amount of the rebate to be provided by the
commissioner of finance shall be the lesser of one hundred fifty dollars
or the annual tax imposed on the property.
5.  Qualification  for  rebate  for  recipients  of  STAR  credit   or
exemption.    The  owner  of  an  eligible  property who receives a real
property tax exemption pursuant to section four hundred  twenty-five  of
this title or a school tax relief credit pursuant to subsection (eee) of
section six hundred six of the tax law for the fiscal year commencing on
the   first   of   July,  two  thousand  twenty-two  and  satisfies  the
requirements described in subdivision one of this section shall  not  be
required  to  file,  and  shall  not file, an application for the rebate
authorized pursuant to this section. To the extent the  commissioner  of
finance  determines  that  such  an  owner is not entitled to the rebate

authorized pursuant to this section, the commissioner shall send to such
owner a notice of denial of the rebate.
6. Qualification for rebate for owners of an eligible property who are
not  recipients  of STAR credit or exemption. a. Generally. The owner of
an eligible property who does not receive a real property tax  exemption
pursuant  to  section four hundred twenty-five of this title or a school
tax relief credit pursuant to subsection (eee) of  section  six  hundred
six  of the tax law for the fiscal year commencing on the first of July,
two  thousand  twenty-two  may  file  an  application  for  the   rebate
authorized pursuant to this section, provided that, such owner satisfies
the  requirements  described  in  subdivision  one  of this section, and
provided, further, that for an eligible  property  that  serves  as  the
primary  residence of more than one owner, all such owners shall jointly
file an application for such rebate. Notwithstanding  any  provision  of
any  general, special or local law to the contrary, an application for a
rebate authorized pursuant to this section shall be filed by  electronic
means  on  or  before  the  date  or  dates established in the local law
adopted pursuant to this section. Upon a showing by  an  applicant  that
filing an application by electronic means is not practicable for reasons
including  but  not limited to lack of access to, or ability to use, the
technology needed to file  by  electronic  means,  the  commissioner  of
finance  may  grant a waiver of the requirement to file such application
by electronic means. No rebate shall be granted pursuant to this section
unless the owner files such application within the time period  or  time
periods prescribed by the local law adopted pursuant to this section. No
more than one application shall be submitted for an eligible property.
b.  Approval  or denial of application. If the commissioner of finance
determines that an  applicant  is  entitled  to  the  rebate  authorized
pursuant   to   this   section,  the  commissioner  shall  approve  such
application, notify such applicant of  such  approval,  and  grant  such
rebate to such applicant. If the commissioner of finance determines that
an  applicant  is not entitled to the rebate authorized pursuant to this
section, the commissioner shall send to each such applicant a notice  of
denial  of  such  application.  Such  notice of denial shall specify the
reason for such denial and shall be sent in a manner to be  provided  in
local  laws  or  in  rules  promulgated  by the commissioner of finance.
Failure to send any  such  notice  of  denial  or  the  failure  of  any
applicant  to receive such notice shall not affect such denial and shall
not prevent the  levy,  collection  and  enforcement  of  taxes  on  the
property of such applicant.
c.  Review  of  submission.  The  burden  shall be on the applicant to
establish that the property is the primary residence of such  applicant,
that the qualified gross income of all the owners for whom such property
serves  as their primary residence is two hundred fifty thousand dollars
or less and that any other requirements relating to the granting of  the
rebate are satisfied.
d.  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  any
rules  promulgated  by  the  commissioner  of  finance  pursuant to this
section.
7. Denial and revocation of rebate. a. Generally. The commissioner  of
finance  shall  deny  an  application  for a rebate or revoke any rebate
authorized pursuant to this section if it appears that: (i) the property
does not serve as the primary residence of the owner who has applied for
such  rebate or who received the real property tax exemption pursuant to
section four hundred twenty-five of this title or a  school  tax  relief
credit  pursuant  to  subsection (eee) of section six hundred six of the
tax law for such property for the fiscal year commencing on the first of
July, two thousand twenty-two, (ii) prior to the granting of the  rebate
authorized  pursuant  to  this  section,  title to the property has been
transferred to a new owner other than to an immediate family member  for
whom  the  property serves as the primary residence until, at a minimum,
the date on which such rebate is  granted,  or  (iii)  the  property  is
otherwise no longer eligible for the rebate.
b.  Rights  of  owners.  Upon  determining  that  a  rebate authorized
pursuant to this section shall be revoked, the commissioner  of  finance
shall  send a notice so stating to the affected owner at the time and in
the manner to be provided in the local  law  adopted  pursuant  to  this
section.  Granting a rebate authorized pursuant to this section, denying
a  rebate  pursuant  to  subdivision  five  of  this section, denying an
application for a rebate pursuant to paragraph b of subdivision  six  of
this  section,  or  revoking  a  rebate granted pursuant to this section
shall constitute a final determination of the commissioner  of  finance,
unless, within ninety days, the owner seeks administrative review by the
commissioner  of finance of such determination, provided that the burden
shall be on the owner to  establish  eligibility  for  the  rebate.  The
failure  to  grant  a  rebate  authorized pursuant to this section to an
owner  who  is  not  required  to  submit  an  application  pursuant  to
subdivision  five  of  this section and who does not receive a notice of
denial  pursuant  to  such  subdivision   shall   constitute   a   final
determination  by  the  commissioner  of finance unless such owner seeks
administrative review by such  commissioner  of  such  determination  no
later than the first of July, two thousand twenty-three.
8.  Restriction  on  rebate  for  married  couples  with  two  or more
residences. The rebate authorized by this section shall be granted on no
more than one property owned by a married couple,  unless  such  spouses
are living apart due to legal separation.
9.  Record of ownership of an eligible property. Any local law adopted
pursuant to this section shall require that  ownership  of  an  eligible
property  be recorded with the city register, the Richmond county clerk,
or the automated city register information system by  the  thirtieth  of
June, two thousand twenty-two.
10.  Proof  of  residency  and  information  regarding qualified gross
income.  In accordance with subdivisions one and three of this  section,
the   commissioner  of  finance  may  request  proof  of  residency  and
information relating to qualified gross income from any owner seeking to
receive a rebate authorized pursuant to this section.
11. Rebate returned for re-issuance. The commissioner of  finance  may
provide  a  credit against the annual tax of an eligible property in the
amount of the rebate when an owner of an eligible property requests that
a check in the amount of the rebate be re-issued to such  owner,  except
that no such credit shall be provided later than two years from the date
the rebate is granted.
12.  Recovery  of  erroneous rebate. a. If the commissioner of finance
determines that an owner received an erroneous rebate, the  commissioner
of  finance shall recover such erroneous rebate, within six years of the
granting of such rebate, by  deducting  the  amount  of  such  erroneous
rebate  from any refund otherwise payable to the owner of such property,

and any balance of the amount of such erroneous rebate remaining  unpaid
shall  constitute a tax lien on the property of such owner as of the due
and payable date provided on the tax bill mailed by the commissioner  of
finance  containing  such amount. If such amount is not paid by such due
and payable date, interest at the rate  applicable  to  delinquent  real
property  taxes  on such property shall be charged and collected on such
amount from the due and payable date provided on such notice to the date
of payment. Such tax lien shall be enforceable in  accordance  with  the
provisions  of  law relating to the enforcement of tax liens in any such
city. No lien created pursuant to this section shall be enforced against
a subsequent purchaser for  value  in  good  faith,  provided  that  the
purchase  occurred  prior to the date the amount of the erroneous rebate
was entered  on  the  statement  of  account  for  such  property.  Such
authority  shall  supplement  any other authority of the commissioner of
finance to enforce payment of the erroneous rebate by the owner of  such
property.
b.  To  the  extent  a rebate was granted or calculated in error under
this section, the amount of the erroneous rebate shall be equal  to  the
difference  between  the amount of the rebate originally granted and the
amount to which the owner was entitled.
13.  Penalty  for  material  misstatements.  a.  Generally.   If   the
commissioner of finance determines, within three years from the granting
of  a  rebate  authorized  pursuant  to  this  section, that there was a
material misstatement in an application filed pursuant to  this  section
and  that  such  misstatement  provided  the basis for the granting of a
rebate under this section, the commissioner of finance shall proceed  to
impose  a  penalty  tax  against the property of five hundred dollars in
addition  to  recovering  the  amount  of  any  erroneous  rebate  under
subdivision  twelve  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 that the applicant owned the property, when
the applicant did not; or
(3) the applicant claimed that the qualified gross income of  all  the
owners  for whom such property serves as their primary residence was two
hundred fifty thousand dollars or less, when the qualified gross  income
of such owners was a substantially higher amount.
b.  Procedure.  When  the  commissioner  of  finance determines that a
penalty tax shall be imposed, the penalty tax shall be  entered  on  the
next  ensuing  tentative  or  final assessment roll. Each owner 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.
14. Non-disclosure. The information contained  in  applications  filed
with  the  commissioner  of  finance pursuant to subdivision six of this
section shall not be subject to disclosure  under  article  six  of  the
public officers law.