§ 467-A — Partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a populatio...

New York § 467-A

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 2: Private Property
• Art. 4: Exemptions

Text

§ 467-a. Partial tax abatement for residential real property held in\nthe cooperative or condominium form of ownership in a city having a\npopulation of one million or more. 1. Definitions. As used in this\nsection:\n (a) "Applicant" means the board of managers of a condominium or the\nboard of directors of a cooperative apartment corporation, provided\nthat, in addition, the commissioner of finance shall by rule designate\nthe owner of a dwelling unit (the "unit owner") or shareholder of the\ncorporation having the proprietary lease for an apartment (a\n"shareholder") as an applicant for the limited purpose of submitting\ninformation to verify the primary residence of the unit owner or\nshareholder.\n (b) "Average unit assessed value" means the residential proportion of\na property multiplied by the total assessed value of the property\ndivided by the number of dwelling units therein on the applicable\ntaxable status date for the fiscal year for which an application is made\nfor partial abatement of real property taxes pursuant to this section.\n (c) "Billable assessed value" means the lesser of the taxable\ntransitional assessed value, as computed pursuant to subdivision three\nof section eighteen hundred five of this chapter, or taxable assessed\nvalue of a property.\n (d) "Commissioner of finance" means the commissioner of finance of a\ncity having a population of one million or more, or his or her designee.\n (e) "Dwelling unit" means a unit used primarily for residential\npurposes and not primarily for professional or commercial purposes.\n (f) "Property" means real property designated as class two, pursuant\nto section eighteen hundred two of this chapter, held in the cooperative\nor condominium form of ownership.\n (g) "Residential proportion" of a property held in the cooperative\nform of ownership means the percentage of shares of the cooperative\napartment corporation allocated to dwelling units. "Residential\nproportion" of a property held in the condominium form of ownership\nmeans the percentage of common interest allocated to dwelling units.\n (h) "Sponsors" means persons or business entities who make or take\npart in a public offering or sale of securities consisting primarily of\nshares or investments in real estate, including condominium units and\nother cooperative interests in realty. Sponsors shall be deemed to\ninclude successors who succeed to the rights and assume the obligations\nof sponsors.\n (i) "Prevailing wage" means the rate of wages and supplemental\nbenefits paid in the locality to workers in the same trade or occupation\nand annually determined by the fiscal officer in accordance with the\nprovisions of section two hundred thirty-four of the labor law.\n (j) "Qualified property" means (i) a property with an average unit\nassessed value of less than or equal to sixty thousand dollars; or (ii)\na property with an average unit assessed value of more than sixty\nthousand dollars and less than or equal to one hundred thousand dollars,\nand less than thirty dwelling units; or (iii) a property with respect to\nwhich an applicant has submitted an affidavit certifying that all\nbuilding service employees employed or to be employed at the property\nshall receive the applicable prevailing wage for the duration of such\nproperty's tax abatement.\n (k) "Building service employee" means any person who is regularly\nemployed at a building who performs work in connection with the care or\nmaintenance of such building. "Building service employee" includes, but\nis not limited to, watchman, guard, doorman, building cleaner, porter,\nhandyman, janitor, gardener, groundskeeper, elevator operator and\nstarter, and window cleaner, but shall not include persons regularly\nscheduled to work fewer than eight hours per week in the building.\n (l) "Fiscal officer" means the comptroller of the city of New York.\n 2. (a) In a city having a population of one million or more, dwelling\nunits owned by unit owners who, as of the applicable taxable status\ndate, own no more than three dwelling units in any one property held in\nthe condominium form of ownership, shall be eligible to receive a\npartial abatement of real property taxes, as set forth in paragraphs\n(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this\nsubdivision; provided, however, that a property held in the condominium\nform of ownership that is receiving complete or partial real property\ntax exemption or tax abatement pursuant to any other provision of this\nchapter or any other state or local law, except as provided in paragraph\n(f) of this subdivision, shall not be eligible to receive a partial\nabatement pursuant to this section; and provided, further, that sponsors\nshall not be eligible to receive a partial abatement pursuant to this\nsection; and provided, further, that in the fiscal years commencing in\ncalendar years two thousand twelve through two thousand twenty-six no\nmore than a maximum of three dwelling units owned by any unit owner in a\nsingle building, one of which must be the primary residence of such unit\nowner, shall be eligible to receive a partial abatement pursuant to\nparagraphs (d-1), (d-2), (d-3) and (d-4) of this subdivision.\n (b) In a city having a population of one million or more, dwelling\nunits owned by tenant-stockholders who, as of the applicable taxable\nstatus date, own no more than three dwelling units in any one property\nheld in the cooperative form of ownership, shall be eligible to receive\na partial abatement of real property taxes, as set forth in paragraphs\n(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this\nsubdivision; provided, however, that a property held in the cooperative\nform of ownership that is receiving complete or partial real property\ntax exemption or tax abatement pursuant to any other provision of this\nchapter or any other state or local law, except as provided in paragraph\n(f) of this subdivision, shall not be eligible to receive a partial\nabatement pursuant to this section; and provided, further, that sponsors\nshall not be eligible to receive a partial abatement pursuant to this\nsection; and provided, further, that in the fiscal years commencing in\ncalendar years two thousand twelve through two thousand twenty-six no\nmore than a maximum of three dwelling units owned by any\ntenant-stockholder in a single building, one of which must be the\nprimary residence of such tenant-stockholder, shall be eligible to\nreceive a partial abatement pursuant to paragraphs (d-1), (d-2), (d-3)\nand (d-4) of this subdivision. For purposes of this section, a\ntenant-stockholder of a cooperative apartment corporation shall be\ndeemed to own the dwelling unit which is represented by his or her\nshares of stock in such corporation. Any abatement so granted shall be\ncredited by the appropriate taxing authority against the tax due on the\nproperty as a whole. The reduction in real property taxes received\nthereby shall be credited by the cooperative apartment corporation\nagainst the amount of such taxes attributable to eligible dwelling units\nat the time of receipt.\n (b-1) Notwithstanding any other provision of law to the contrary, the\nprovisions of this section shall apply to any dwelling unit held in\ntrust solely for the benefit of a person or persons who would otherwise\nbe eligible for an abatement, pursuant to this section, were such person\nor persons the owner or owners of such dwelling unit.\n (c) Eligible dwelling units in property whose average unit assessed\nvalue is less than or equal to fifteen thousand dollars shall receive a\npartial abatement of the real property taxes attributable to or due on\nsuch dwelling units, as follows:\n (i) not to exceed four percent in the fiscal year commencing in\ncalendar year nineteen hundred ninety-six;\n (ii) sixteen percent in the fiscal year commencing in calendar year\nnineteen hundred ninety-seven;\n (iii) twenty-five percent in the fiscal year commencing in calendar\nyear nineteen hundred ninety-eight;\n (iv) twenty-five percent in the fiscal year commencing in calendar\nyear nineteen hundred ninety-nine;\n (v) twenty-five percent in the fiscal year commencing in calendar year\ntwo thousand;\n (vi) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand one;\n (vii) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand two;\n (viii) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand three;\n (ix) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand four;\n (x) twenty-five percent in the fiscal year commencing in calendar year\ntwo thousand five;\n (xi) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand six;\n (xii) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand seven;\n (xiii) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand eight;\n (xiv) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand nine;\n (xv) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand ten;\n (xvi) twenty-five percent in the fiscal year commencing in calendar\nyear two thousand eleven.\n (d) Eligible dwelling units in property whose average unit assessed\nvalue is greater than fifteen thousand dollars shall receive a partial\nabatement of the real property taxes attributable to or due on such\ndwelling units, as follows:\n (i) not to exceed two and three-quarters percent in the fiscal year\ncommencing in calendar year nineteen hundred ninety-six;\n (ii) ten and three-quarters percent in the fiscal year commencing in\ncalendar year nineteen hundred ninety-seven;\n (iii) seventeen and one-half percent in the fiscal year commencing in\ncalendar year nineteen hundred ninety-eight;\n (iv) seventeen and one-half percent in the fiscal year commencing in\ncalendar year nineteen hundred ninety-nine;\n (v) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand;\n (vi) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand one;\n (vii) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand two;\n (viii) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand three;\n (ix) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand four;\n (x) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand five;\n (xi) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand six;\n (xii) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand seven;\n (xiii) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand eight;\n (xiv) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand nine;\n (xv) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand ten;\n (xvi) seventeen and one-half percent in the fiscal year commencing in\ncalendar year two thousand eleven.\n (d-1) In the fiscal years commencing in calendar years two thousand\ntwelve, two thousand thirteen and two thousand fourteen, eligible\ndwelling units in property whose average unit assessed value is less\nthan or equal to fifty thousand dollars shall receive a partial\nabatement of the real property taxes attributable to or due on such\ndwelling units of twenty-five percent, twenty-six and one-half percent\nand twenty-eight and one-tenth percent respectively. In the fiscal years\ncommencing in calendar years two thousand fifteen through two thousand\ntwenty-six eligible dwelling units in property whose average unit\nassessed value is less than or equal to fifty thousand dollars shall\nreceive a partial abatement of the real property taxes attributable to\nor due on such dwelling units of twenty-eight and one-tenth percent.\n (d-2) In the fiscal years commencing in calendar years two thousand\ntwelve, two thousand thirteen and two thousand fourteen, eligible\ndwelling units in property whose average unit assessed value is more\nthan fifty thousand dollars, but less than or equal to fifty-five\nthousand dollars, shall receive a partial abatement of the real property\ntaxes attributable to or due on such dwelling units of twenty-two and\none-half percent, twenty-three and eight-tenths percent and twenty-five\nand two-tenths percent respectively. In the fiscal years commencing in\ncalendar years two thousand fifteen through two thousand twenty-six\neligible dwelling units in property whose average unit assessed value is\nmore than fifty thousand dollars, but less than or equal to fifty-five\nthousand dollars, shall receive a partial abatement of the real property\ntaxes attributable to or due on such dwelling units of twenty-five and\ntwo-tenths percent.\n (d-3) In the fiscal years commencing in calendar years two thousand\ntwelve, two thousand thirteen and two thousand fourteen, eligible\ndwelling units in property whose average unit assessed value is more\nthan fifty-five thousand dollars, but less than or equal to sixty\nthousand dollars, shall receive a partial abatement of the real property\ntaxes attributable to or due on such dwelling units of twenty percent,\ntwenty-one and two-tenths percent, and twenty-two and five-tenths\npercent respectively. In the fiscal years commencing in calendar years\ntwo thousand fifteen through two thousand twenty-six eligible dwelling\nunits in property whose average unit assessed value is more than\nfifty-five thousand dollars, but less than or equal to sixty thousand\ndollars, shall receive a partial abatement of the real property taxes\nattributable to or due on such dwelling units of twenty-two and\nfive-tenths percent.\n (d-4) In the fiscal years commencing in calendar years two thousand\ntwelve through two thousand twenty-six, eligible dwelling units in\nproperty whose average unit assessed value is more than sixty thousand\ndollars shall receive a partial abatement of the real property taxes\nattributable to or due on such dwelling units of seventeen and one-half\npercent.\n (d-5) In the fiscal years commencing in calendar year two thousand\ntwelve and two thousand thirteen, dwelling units that received an\nabatement pursuant to this section in the fiscal year commencing in\ncalendar year two thousand eleven, and that are not eligible to receive\nbenefits under paragraph (d-1), (d-2), (d-3), or (d-4) of this\nsubdivision and that are located in a property that has an average unit\nassessed value that is less than or equal to fifteen thousand dollars\nshall receive a partial abatement of the real property taxes\nattributable to or due on such dwelling units of twelve and one half\npercent, and six and twenty-five hundredths percent respectively.\nProvided, however, that no such abatement shall be allowed for any\nfiscal year commencing in calendar year two thousand fourteen or later.\n (d-6) In the fiscal years commencing in calendar year two thousand\ntwelve and two thousand thirteen, dwelling units that received an\nabatement pursuant to this section in the fiscal year commencing in\ncalendar year two thousand eleven, and that are not eligible to receive\nbenefits under paragraph (d-1), (d-2), (d-3), or (d-4) of this\nsubdivision and that are located in a property that has an average unit\nassessed value that is greater than fifteen thousand dollars shall\nreceive a partial abatement of the real property taxes attributable to\nor due on such dwelling units of eight and seventy-five hundredths\npercent, and four and three hundred seventy-five thousandths percent\nrespectively. Provided, however, that no such abatement shall be\nallowed, for any fiscal year in calendar year two thousand fourteen or\nlater.\n (e) Partial abatement pursuant to paragraphs (c), (d), (d-1), (d-2),\n(d-3), (d-4), (d-5) and (d-6) of this subdivision shall be computed on\nthe net real property taxes attributable to or due on eligible dwelling\nunits after deduction for any exemption on such dwelling units received\npursuant to any section listed in paragraph (f) of this subdivision and\nafter deduction of the portion of any abatement received pursuant to\nsection four hundred eighty-nine of this article that is attributable to\na dwelling unit in property held in the cooperative form of ownership\nand after deduction of any abatement received pursuant to section four\nhundred eighty-nine of this article by a dwelling unit in property held\nin the condominium form of ownership.\n (f) For purposes of this subdivision, a qualified property shall be\ndeemed not to be receiving complete or partial real property tax\nexemption or tax abatement if the qualified property is, or certain\ndwelling units therein are, receiving benefits pursuant to section four\nhundred, four hundred two, four hundred four, four hundred six, four\nhundred eight, four hundred ten, four hundred ten-a, four hundred\ntwelve, four hundred twelve-a, four hundred sixteen, four hundred\neighteen, four hundred twenty-a, four hundred twenty-b, four hundred\ntwenty-five, four hundred thirty-six, four hundred fifty-eight, four\nhundred fifty-eight-a, four hundred fifty-nine-c, four hundred\nsixty-two, four hundred sixty-seven, four hundred sixty-seven-b, four\nhundred ninety-nine-bbb, or four hundred ninety-nine-bbbb of this\narticle, or if the qualified property is receiving a tax abatement but\nnot a tax exemption pursuant to section four hundred eighty-nine of this\narticle.\n (g) If the billable assessed value of a qualified property is reduced\nafter the assessment roll becomes final, any abatement already granted\npursuant to this section shall be adjusted accordingly. The difference\nbetween the original abatement and the adjusted abatement shall be\ndeducted from any credit otherwise due.\n (h) Notwithstanding any other provision of this section, the\ncommissioner of finance shall deny, terminate or revoke any abatement\napplied for or granted pursuant to this section with respect to a\ndwelling unit upon a determination that the transfer of such dwelling\nunit to the owner who owned such dwelling unit as of the applicable\ntaxable status date was made primarily for the purpose of receiving an\nabatement under this section. Upon making such determination, the\ncommissioner of finance shall deny, terminate or revoke any abatement\napplied for or granted pursuant to this section with respect to any\ndwelling unit owned by the transferor that would have been eligible but\nfor such determination. In making such determination, the commissioner\nof finance may consider, among other factors, the relationship, if any,\nbetween the transferor and the transferee and whether the terms of the\ntransfer are consistent with the terms generally found in transfers of\ncomparable dwelling units.\n (i) Notwithstanding any other provision of this section, beginning in\nthe fiscal year commencing in calendar year two thousand twenty-two no\ndwelling unit in a property other than a qualified property shall be\neligible to receive a tax abatement under this section.\n 3. Application for abatement. (a) An application for an abatement\npursuant to this section for the fiscal year commencing in calendar year\nnineteen hundred ninety-six shall be made no later than the fifteenth\nday of September, nineteen hundred ninety-six. An application for an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year nineteen hundred ninety-seven shall be made no later than\nthe first day of April, nineteen hundred ninety-seven. An application\nfor an abatement pursuant to this section for the fiscal year commencing\nin calendar year nineteen hundred ninety-eight shall be made no later\nthan the first day of April, nineteen hundred ninety-eight. An\napplication for an abatement pursuant to this section for the fiscal\nyear commencing in calendar year nineteen hundred ninety-nine shall be\nmade in accordance with this subdivision and subdivision three-a of this\nsection. An application for an abatement pursuant to this section for\nthe fiscal year commencing in calendar year two thousand shall be made\nno later than the fifteenth day of February, two thousand. An\napplication for an abatement pursuant to this section for the fiscal\nyear commencing in calendar year two thousand one shall be made in\naccordance with this subdivision and subdivision three-b of this\nsection. An application for an abatement pursuant to this section for\nthe fiscal year commencing in calendar year two thousand two shall be\nmade no later than the fifteenth day of February, two thousand two. An\napplication for an abatement pursuant to this section for the fiscal\nyear commencing in calendar year two thousand three shall be made no\nlater than the fifteenth day of February, two thousand three. An\napplication for an abatement pursuant to this section for the fiscal\nyear commencing in calendar year two thousand four shall be made in\naccordance with this subdivision and subdivision three-c of this\nsection. An application for an abatement pursuant to this section for\nthe fiscal year commencing in calendar year two thousand five shall be\nmade no later than the fifteenth day of February, two thousand five. An\napplication for an abatement pursuant to this section for the fiscal\nyear commencing in calendar year two thousand six shall be made no later\nthan the fifteenth day of February, two thousand six. An application for\nan abatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand seven shall be made no later than the\nfifteenth day of February, two thousand seven. An application for\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand eight shall be made in accordance with this\nsubdivision and subdivision three-d of this section. An application for\nan abatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand nine shall be made no later than the\nfifteenth day of February, two thousand nine. An application for an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand ten shall be made no later than the fifteenth\nday of February, two thousand ten. An application for an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand eleven shall be made no later than the fifteenth day of\nFebruary, two thousand eleven. An application for an abatement pursuant\nto this section for the fiscal years commencing in calendar years two\nthousand twelve and two thousand thirteen shall be made in accordance\nwith subdivision three-e of this section. The date or dates by which\napplications for an abatement pursuant to this section shall be made for\nthe fiscal years beginning in calendar years two thousand fourteen\nthrough two thousand twenty-six shall be established by the commissioner\nof finance by rule, provided that such date or dates shall not be later\nthan the fifteenth day of February for such calendar years.\n (b) An application for an abatement pursuant to this section shall be\nsubmitted to the commissioner of finance by the board of managers of a\ncondominium or the board of directors of a cooperative apartment\ncorporation, provided that the commissioner of finance may by rule\nrequire the unit owner or shareholder of a dwelling unit to submit an\napplication to supplement information contained in the application\nsubmitted by the board of managers of a condominium or the board of\ndirectors of a cooperative apartment corporation and may by rule apply\nand adjust, as appropriate, any provisions of this section that relate\nto applications submitted by such boards to applications submitted by\nsuch owners. The commissioner of finance shall by rule require the unit\nowner or the shareholder of a dwelling unit to certify the primary\nresidence of such unit owner or shareholder.\n (c) No abatement pursuant to this section shall be granted unless the\napplicant files an application for an abatement within the time periods\nprescribed in paragraph (a) of this subdivision or subdivision three-a,\nthree-b, three-c, three-d or three-e of this section, provided, however,\nthat the commissioner of finance may, for good cause shown, extend the\ntime for filing an application.\n (d) The commissioner of finance shall determine the form of the\napplication and the information which it shall contain. The information\ncontained in the application shall be provided with respect to the\nqualified property as of the taxable status date for the fiscal year to\nwhich the application relates. Such information shall include, but need\nnot be limited to:\n (i) physical data, such as a description of the qualified property,\nstating the number of stories, the number of dwelling and non-dwelling\nunits, unit designations with their locations, approximate area of each\nunit, number of rooms in each unit, common interest of or number of\nshares allocated to each unit, and the total number of shares in a\ncooperative apartment corporation;\n (ii) the names and social security or tax identification numbers of\nowners of all units;\n (iii) the names and social security or tax identification numbers of\nsponsors owning units; and\n (iv) the name and address of the person designated by the board of\ndirectors or board of managers for receipt of notices issued pursuant to\nthis section.\n (e) The burden of proof shall be on the applicant to show that the\nrequirements for granting an abatement have been met. The commissioner\nof finance shall have the authority to require that statements in\nconnection with such application be made under oath by a duly authorized\nmember of the board of directors or managers. Such application shall\ncontain the following declaration: "I certify that all information\ncontained in this application is true and correct to the best of my\nknowledge and belief. I understand that the willful making of any false\nstatement of material fact herein will subject me to the provisions of\nlaw relevant to the making and filing of false instruments and will\nrender this application null and void." Such application shall also\nstate that the applicant agrees to comply with and be subject to the\nrules issued from time to time by the commissioner of finance pursuant\nto this section.\n (f) Notwithstanding any other provision of law to the contrary,\napplication by the board of directors of a cooperative apartment\ncorporation for an abatement pursuant to this section for the fiscal\nyear commencing in calendar year two thousand shall be made by the\nfiling of an information return pursuant to subdivision (g) of section\n11-2105 of the administrative code of the city of New York, as added by\nlocal law number fifty-eight of the city of New York for the year\nnineteen hundred eighty-nine, including an election by such board of\ndirectors that such information return be deemed an application for an\nabatement pursuant to this section for such fiscal year, provided,\nhowever, that where the board of directors files the application on\nbehalf of a cooperative apartment corporation that is not receiving an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year nineteen hundred ninety-nine, then the board of directors\nshall be required to file, in addition to the information return\npursuant to subdivision (g) of section 11-2105 of the administrative\ncode of the city of New York, as added by local law number fifty-eight\nof the city of New York for the year nineteen hundred eighty-nine, any\ninformation return covering a reporting period beginning on or after\nJanuary first, nineteen hundred ninety-six, that has not been filed\npreviously. Information returns that are deemed to be applications for\nan abatement pursuant to this paragraph shall be subject to the\nprovisions of this section relating to such applications including, but\nnot limited to, the provisions of this subdivision and subdivision four\nof this section.\n (g) Notwithstanding any other provision of law to the contrary,\napplication by the board of directors of a cooperative apartment\ncorporation for an abatement pursuant to this section for either the\nfiscal year commencing in calendar year two thousand two or the fiscal\nyear commencing in calendar year two thousand three shall be made by the\nfiling of an information return pursuant to subdivision (g) of section\n11-2105 of the administrative code of the city of New York, as added by\nlocal law number fifty-eight of the city of New York for the year\nnineteen hundred eighty-nine, including an election by such board of\ndirectors that such information return be deemed an application for an\nabatement pursuant to this section for such fiscal year, provided,\nhowever, that where the board of directors files an application on\nbehalf of a cooperative apartment corporation that is not receiving an\nabatement pursuant to this section for the fiscal year immediately\npreceding the fiscal year for which the application is filed, then the\nboard of directors shall be required to file, in addition to the\ninformation return pursuant to subdivision (g) of section 11-2105 of the\nadministrative code of the city of New York, as added by local law\nnumber fifty-eight of the city of New York for the year nineteen hundred\neighty-nine, any information return covering a reporting period\nbeginning on or after January first, nineteen hundred ninety-six, that\nhas not been filed previously. Information returns that are deemed to be\napplications for an abatement pursuant to this paragraph shall be\nsubject to the provisions of this section relating to such applications\nincluding, but not limited to, the provisions of this subdivision and\nsubdivision four of this section.\n (h) Notwithstanding any other provision of law to the contrary,\napplication by the board of directors of a cooperative apartment\ncorporation for an abatement pursuant to this section for either the\nfiscal year commencing in calendar year two thousand five or the fiscal\nyear commencing in the calendar year two thousand six or the fiscal year\ncommencing in the calendar year two thousand seven or the fiscal year\ncommencing in the calendar year two thousand eight or the fiscal year\ncommencing in the calendar year two thousand nine or the fiscal year\ncommencing in the calendar year two thousand ten or the fiscal year\ncommencing in the calendar year two thousand eleven shall be made by the\nfiling of an information return pursuant to subdivision (g) of section\n11-2105 of the administrative code of the city of New York, as added by\nlocal law number fifty-eight of the city of New York for the year\nnineteen hundred eighty-nine, including an election by such board of\ndirectors that such information return be deemed an application for an\nabatement pursuant to this section for such fiscal year, provided,\nhowever, that where the board of directors files an application on\nbehalf of a cooperative apartment corporation that is not receiving an\nabatement pursuant to this section for the fiscal year immediately\npreceding the fiscal year for which the application is filed, then the\nboard of directors shall be required to file, in addition to the\ninformation return pursuant to subdivision (g) of section 11-2105 of the\nadministrative code of the city of New York, as added by local law\nnumber fifty-eight of the city of New York for the year nineteen hundred\neighty-nine, any information return covering a reporting period\nbeginning on or after January first, nineteen hundred ninety-six, that\nhas not been filed previously. Information returns that are deemed to be\napplications for an abatement pursuant to this paragraph shall be\nsubject to the provisions of this section relating to such applications\nincluding, but not limited to, the provisions of this subdivision and\nsubdivision four of this section.\n 3-a. (a) An applicant whose property did not receive an abatement\npursuant to this section for the fiscal year commencing in calendar year\nnineteen hundred ninety-eight shall submit an application for an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year nineteen hundred ninety-nine no later than sixty days\nfollowing the effective date of the chapter of the laws of nineteen\nhundred ninety-nine that added this subdivision.\n (b) The abatement for the fiscal year commencing in calendar year\nnineteen hundred ninety-nine of a cooperative apartment corporation that\nreceived an abatement pursuant to this section for the fiscal year\ncommencing in calendar year nineteen hundred ninety-eight and that\nsubmitted an information update form on or before April fifteenth,\nnineteen hundred ninety-nine pursuant to a request by the commissioner\nof finance, shall be based on the information contained in such\ninformation update form.\n (c) The abatement for the fiscal year commencing in calendar year\nnineteen hundred ninety-nine of a cooperative apartment corporation that\nreceived an abatement pursuant to this section for the fiscal year\ncommencing in calendar year nineteen hundred ninety-eight and that did\nnot submit an information update form on or before April fifteenth,\nnineteen hundred ninety-nine pursuant to a request by the commissioner\nof finance, shall be based on the information contained in the\napplication submitted in nineteen hundred ninety-eight, provided that\nnothing in this paragraph shall authorize or require the commissioner of\nfinance to grant an abatement with respect to a property or a dwelling\nunit that is not eligible as of the applicable taxable status date for\nthe fiscal year commencing in calendar year nineteen hundred\nninety-nine.\n (d) The board of managers of a condominium that received an abatement\npursuant to this section for the fiscal year commencing in calendar year\nnineteen hundred ninety-eight shall submit an application for an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year nineteen hundred ninety-nine no later than sixty days\nfollowing the effective date of the chapter of the laws of nineteen\nhundred ninety-nine that added this subdivision. If such board of\nmanagers does not submit such application within sixty days following\nthe effective date of the chapter of the laws of nineteen hundred\nninety-nine that added this subdivision, then the abatement for the\nfiscal year commencing in calendar year nineteen hundred ninety-nine for\nsuch condominium shall be based on the information contained in the\napplication submitted in nineteen hundred ninety-eight, provided that\nnothing in this paragraph shall authorize or require the commissioner of\nfinance to grant an abatement with respect to a property or a dwelling\nunit that is not eligible as of the applicable taxable status date for\nthe fiscal year commencing in calendar year nineteen hundred\nninety-nine.\n 3-b. (a) An applicant whose property did not receive an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand shall submit an application for an abatement pursuant to\nthis section for the fiscal year commencing in calendar year two\nthousand one no later than sixty days following the effective date of\nthe chapter of the laws of two thousand one that added this subdivision.\n (b) The abatement for the fiscal year commencing in calendar year two\nthousand one of a cooperative apartment corporation that received an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand and that submitted an information return on\nor before February fifteenth, two thousand one, that included an\nelection by the board of directors of such cooperative apartment\ncorporation that such information return be deemed an application for an\nabatement pursuant to this section for such fiscal year, shall be based\non the information contained in such information return.\n (c) The abatement for the fiscal year commencing in calendar year two\nthousand one of a cooperative apartment corporation that received an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand and that submitted an information return on\nor before February fifteenth, two thousand one, that did not include an\nelection by the board of directors of such cooperative apartment\ncorporation that such information return be deemed an application for an\nabatement pursuant to this section for such fiscal year, shall be based\non the information contained in the application submitted in two\nthousand or on the information contained in such information return, or\nboth, provided that nothing in this paragraph shall authorize or require\nthe commissioner of finance to grant an abatement with respect to a\nproperty or a dwelling unit that is not eligible as of the applicable\ntaxable status date for the fiscal year commencing in calendar year two\nthousand one.\n (d) The board of managers of a condominium that received an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand shall submit an application for an abatement pursuant to\nthis section for the fiscal year commencing in calendar year two\nthousand one no later than sixty days following the effective date of\nthe chapter of the laws of two thousand one that added this subdivision.\nIf such board of managers does not submit such application within sixty\ndays following the effective date of the chapter of the laws of two\nthousand one that added this subdivision, then the abatement for the\nfiscal year commencing in calendar year two thousand one for such\ncondominium shall be based on the information contained in the\napplication submitted in two thousand, provided that nothing in this\nparagraph shall authorize or require the commissioner of finance to\ngrant an abatement with respect to a property or a dwelling unit that is\nnot eligible as of the applicable taxable status date for the fiscal\nyear commencing in calendar year two thousand one.\n 3-c. (a) An applicant whose property did not receive an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand three shall submit an application for an abatement pursuant\nto this section for the fiscal year commencing in calendar year two\nthousand four no later than sixty days following the effective date of\nthe chapter of the laws of two thousand four that added this\nsubdivision.\n (b) The abatement for the fiscal year commencing in calendar year two\nthousand four of a cooperative apartment corporation that received an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand three and that submitted an information\nreturn on or before February fifteenth, two thousand four, that included\nan election by the board of directors of such cooperative apartment\ncorporation that such information return be deemed an application for an\nabatement pursuant to this section for such fiscal year, shall be based\non the information contained in such information return.\n (c) The abatement for the fiscal year commencing in calendar year two\nthousand four of a cooperative apartment corporation that received an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand three and that submitted an information\nreturn on or before February fifteenth, two thousand four, that did not\ninclude an election by the board of directors of such cooperative\napartment corporation that such information return be deemed an\napplication for an abatement pursuant to this section for such fiscal\nyear, shall be based on the information contained in the application\nsubmitted in two thousand three or on the information contained in such\ninformation return, or both, provided that nothing in this paragraph\nshall authorize or require the commissioner of finance to grant an\nabatement with respect to a property or a dwelling unit that is not\neligible as of the applicable taxable status date for the fiscal year\ncommencing in calendar year two thousand four.\n (d) The board of managers of a condominium that received an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand three shall submit an application for an abatement pursuant\nto this section for the fiscal year commencing in calendar year two\nthousand four no later than sixty days following the effective date of\nthe chapter of the laws of two thousand four that added this\nsubdivision. If such board of managers does not submit such application\nwithin sixty days following the effective date of the chapter of the\nlaws of two thousand four that added this subdivision, then the\nabatement for the fiscal year commencing in calendar year two thousand\nfour for such condominium shall be based on the information contained in\nthe application submitted in two thousand three, provided that nothing\nin this paragraph shall authorize or require the commissioner of finance\nto grant an abatement with respect to a property or a dwelling unit that\nis not eligible as of the applicable taxable status date for the fiscal\nyear commencing in calendar year two thousand four.\n 3-d. (a) an applicant whose property did not receive an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand seven shall submit an application for an abatement pursuant\nto this section for the fiscal year commencing in calendar year two\nthousand eight no later than sixty days following the effective date of\nthe chapter of the laws of two thousand eight that added this\nsubdivision.\n (b) the abatement for the fiscal year commencing in calendar year two\nthousand eight of a cooperative apartment corporation that received an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand seven and that submitted an information\nreturn on or before February fifteenth, two thousand eight, that\nincluded an election by the board of directors of such cooperative\napartment corporation that such information return be deemed an\napplication for an abatement pursuant to this section for such fiscal\nyear, shall be based on the information contained in such information\nreturn.\n (c) the abatement for the fiscal year commencing in calendar year two\nthousand eight of a cooperative apartment corporation that received an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand seven and that submitted an information\nreturn on or before February fifteenth, two thousand eight, that did not\ninclude an election by the board of directors of such cooperative\napartment corporation that such information return be deemed an\napplication for an abatement pursuant to this section for such fiscal\nyear, shall be based on the information contained in the application\nsubmitted in two thousand seven or on the information contained in such\ninformation return, or both, provided that nothing in this paragraph\nshall authorize or require the commissioner of finance to grant an\nabatement with respect to a property or a dwelling unit that is not\neligible as of the applicable taxable status date for the fiscal year\ncommencing in calendar year two thousand eight.\n (d) the board of managers of a condominium that received an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand seven shall submit an application for an abatement pursuant\nto this section for the fiscal year commencing in calendar year two\nthousand eight no later than sixty days following the effective date of\nthe chapter of the laws of two thousand eight that added this\nsubdivision. If such board of managers does not submit such application\nwithin sixty days following the effective date of the chapter of the\nlaws of two thousand eight that added this subdivision, then the\nabatement for the fiscal year commencing in calendar year two thousand\neight for such condominium shall be based on the information contained\nin the application submitted in two thousand seven, provided that\nnothing in this paragraph shall authorize or require the commissioner of\nfinance to grant an abatement with respect to a property or a dwelling\nunit that is not eligible as of the applicable taxable status date for\nthe fiscal year commencing in calendar year two thousand eight.\n 3-e. (a) An applicant whose property did not receive an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand eleven shall submit an application for an abatement\npursuant to this section for the fiscal years commencing in calendar\nyears two thousand twelve and two thousand thirteen in accordance with\nparagraph (e) of this subdivision.\n (b) The abatement for the fiscal year commencing in calendar year two\nthousand twelve of a cooperative apartment corporation that received an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand eleven and that submitted an information\nreturn on or before February fifteenth, two thousand twelve, that\nincluded an election by the board of directors of such cooperative\napartment corporation that such information return be deemed an\napplication for an abatement pursuant to this section for such fiscal\nyear, shall be based on the information contained in such information\nreturn.\n (c) The abatement for the fiscal year commencing in calendar year two\nthousand twelve of a cooperative apartment corporation that received an\nabatement pursuant to this section for the fiscal year commencing in\ncalendar year two thousand eleven and that submitted an information\nreturn on or before February fifteenth, two thousand twelve, that did\nnot include an election by the board of directors of such cooperative\napartment corporation that such information return be deemed an\napplication for an abatement pursuant to this section for such fiscal\nyear, shall be based on the information contained in the application\nsubmitted in two thousand eleven or on the information contained in such\ninformation return, or both, provided that nothing in this paragraph\nshall authorize or require the commissioner of finance to grant an\nabatement with respect to a property or a dwelling unit that is not\neligible as of the applicable taxable status date for the fiscal year\ncommencing in calendar year two thousand twelve.\n (d) The board of managers of a condominium that received an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand eleven shall submit an application for an abatement\npursuant to this section for the fiscal year commencing in calendar year\ntwo thousand twelve no later than sixty days following the effective\ndate of the chapter of the laws of two thousand thirteen that added this\nsubdivision. If such board of managers does not submit such application\nwithin sixty days following the effective date of the chapter of the\nlaws of two thousand thirteen that added this subdivision, then the\nabatement for the fiscal year commencing in calendar year two thousand\ntwelve for such condominium shall be based on the information contained\nin the application submitted in two thousand eleven, provided that\nnothing in this paragraph shall authorize or require the commissioner of\nfinance to grant an abatement with respect to a property or a dwelling\nunit that is not eligible as of the applicable taxable status date for\nthe fiscal year commencing in calendar year two thousand twelve.\n (e) Notwithstanding paragraphs (a), (b), (c) and (d) of this\nsubdivision or any other inconsistent provision of law, the commissioner\nof finance may require each applicant for an abatement for the fiscal\nyears commencing in calendar years two thousand twelve and two thousand\nthirteen to submit an application by a date and in a form determined by\nsuch commissioner and such commissioner may deny abatements pursuant to\nthis section for failure to submit such application by such date\nprovided that such date shall be no earlier than thirty days following\nthe date on which the commissioner releases the application form.\n 4. Except in accordance with proper judicial order or as otherwise\nprovided by law, neither the commissioner of finance, nor any officer or\nemployee of a department of finance of a city having a population of one\nmillion or more, nor any person who, pursuant to this subdivision, is\nauthorized to inspect the application or statements in connection\ntherewith required by this section, shall disclose or make known the\ncontents of any such application or statements. Except as provided in\nthis subdivision, the officers charged with the custody of any such\napplication or statements shall not be required to produce them in any\naction or proceeding in any court or before any administrative tribunal,\nbut any such application or statements may be produced on behalf of the\ndepartment of finance. An affidavit certifying that all building service\nemployees employed or to be employed at the qualified property shall\nreceive the applicable prevailing wage may be produced in any action or\nproceeding in any court or before any administrative tribunal. Such\naffidavit shall be considered a public record. Nothing in this\nsubdivision shall be construed to prohibit delivery to an owner of a\ndwelling unit of a qualified property situated in a city having a\npopulation of one million or more of a copy of any application or\nstatements pertaining to such dwelling unit, upon request and with\npersonally identifying information redacted. Nothing in this subdivision\nshall be construed to prohibit the delivery of a certified copy of any\nsuch application or statements to the United States of America or any\ndepartment thereof, the state of New York or any department thereof, or\na city having a population of one million or more or any department\nthereof, provided any such application or statements are required for\nofficial business; nor to prohibit the inspection for official business\nof any such application or statements by the tax commission of a city\nhaving a population of one million or more, or by the corporation\ncounsel or other legal representative of a city having a population of\none million or more, or by any person engaged or retained by the\ndepartment of finance on an independent contract basis; nor to prohibit\nthe publication of statistics so classified as to prevent the\nidentification of any particular application or statements. The\nforegoing provisions of this subdivision prohibiting disclosure of the\ncontents of applications or statements shall not apply to physical data\nrelating to the qualified property described therein.\n 5. The commissioner of finance shall be authorized to defer the\ncredit, pursuant to this section, for the fiscal year commencing in the\ncalendar year nineteen hundred ninety-six to the fiscal year commencing\nin the calendar year nineteen hundred ninety-seven. The credits,\npursuant to this section, for the fiscal years commencing in the\ncalendar years nineteen hundred ninety-seven and nineteen hundred\nninety-eight shall not be deferred.\n 6. The commissioner of finance may impose, after notice and an\nopportunity to be heard, civil penalties on each member of a cooperative\nboard of directors of no more than ten thousand dollars for the willful\nfailure to credit fully any tax abatement granted pursuant to this\nsection to eligible dwelling units.\n 7. The commissioner of finance shall be authorized to promulgate rules\nnecessary to effectuate the purposes of this section. Notwithstanding\nany other provision of law to the contrary, such rules may include, but\nneed not be limited to, denial, termination or revocation of any\nabatement pursuant to this section if building service workers are not\npaid the prevailing wage or if any dwelling unit in a qualified property\nheld in the condominium form of ownership or a qualified property held\nin the cooperative form of ownership has real property taxes, water and\nsewer charges, payments in lieu of taxes or other municipal charges due\nand owing, unless such real property taxes, water and sewer charges,\npayments in lieu of taxes or other municipal charges are currently being\npaid in timely installments pursuant to a written agreement with the\ndepartment of finance or other appropriate agency.\n 8. Except to the extent that the owner of a dwelling unit of a\nqualified property situated in a city having a population of one million\nor more may request a redacted copy of any application or statements\npertaining to such dwelling unit, as provided in subdivision four of\nthis section, the information contained in applications or statements in\nconnection therewith filed with the commissioner of finance pursuant to\nsubdivision three, three-a, three-b, three-c, three-d or three-e of this\nsection shall not be subject to disclosure under article six of the\npublic officers law.\n 9. The commissioner of finance shall be authorized to prepare and\nsubmit amended tax bills to taxpayers to reflect any adjustments\nnecessary to apply the partial abatement received pursuant to this\nsection. If a condominium or cooperative has paid an amount that is\ndifferent than the amount due on any amended tax bill, the commissioner\nof finance may waive any interest otherwise due on such amount.\n 10. The fiscal officer, as defined in section two hundred thirty of\nthe labor law, shall have the power to conduct an investigation and\nhearing and file a final determination as to the payment of wages owed\nby an owner, successor, or any employer of building service employees,\nas provided under subdivisions one, four, five, six, eight and nine of\nsection two hundred thirty-five of the labor law.\n