§ 467-L — Rebate for owners of certain real property in the city of New York

New York § 467-L

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

Text

§ 467-l. Rebate for owners of certain real property in the city of New\nYork. 1. Generally. Notwithstanding any provision of any general,\nspecial or local law to the contrary, a city having a population of one\nmillion or more is hereby authorized and empowered to adopt and amend\nlocal laws in accordance with this section to grant a rebate of the\nannual tax of an eligible property, in the amount provided in this\nsection, for the fiscal year beginning on the first of July, two\nthousand twenty-one and ending on the thirtieth of June, two thousand\ntwenty-two to the owner of such eligible property, provided the\nqualified gross income of all the owners for whom such property serves\nas their primary residence was two hundred fifty thousand dollars or\nless in tax year two thousand twenty. Where the eligible property, other\nthan an eligible property that is a dwelling unit in residential\nproperty held in the cooperative form of ownership, is in arrears in the\npayment of real property taxes, assessments, and any other charges that\nare made a lien subject to the provisions of chapter three of title\neleven of the administrative code of the city of New York other than\nwater rents, sewer rents and sewer surcharges, such rebate shall be\napplied to any such unpaid real property taxes, assessments, and other\ncharges on the account of such eligible property. Where the eligible\nproperty is a dwelling unit in residential property held in the\ncooperative form of ownership and such residential property is in\narrears in the payment of real property taxes, assessments, and any\nother charges that are made a lien subject to the provisions of chapter\nthree of title eleven of the administrative code of the city of New York\nother than water rents, sewer rents and sewer surcharges, such rebate\nshall be applied to any unpaid real property taxes, assessments, and\nother charges on the account of such residential property in an amount\nequal to the proportionate share of the arrears of the dwelling unit.\nNotwithstanding any provision of this article to the contrary, an owner\nwhose property is receiving benefits pursuant to any other section of\nthis article shall not be prohibited from receiving a rebate authorized\npursuant to this section if such owner is otherwise eligible to receive\nsuch rebate.\n 2. Definitions. As used in this section the following terms shall have\nthe following meanings:\n a. "Annual tax" means the amount of real property tax that is imposed\non a property for the fiscal year beginning on the first of July, two\nthousand twenty-one, determined after reduction for any amount for which\nsuch property is exempt, or which is abated, pursuant to applicable law,\nprovided that, for a property that is a dwelling unit in residential\nproperty held in the cooperative form of ownership, "annual tax" means\nthe amount of real property tax that is imposed on such residential\nproperty divided by the number of units within such residential\nproperty, including dwelling units and units used primarily for\nprofessional or commercial purposes, determined after reduction for any\namount for which such property that is a dwelling unit is exempt, or\nwhich is abated, pursuant to applicable law.\n b. "Applicant" means an owner of an eligible property who, pursuant to\nsubdivision six of this section, may apply for the rebate authorized\npursuant to this section.\n c. "Commissioner of finance" means the commissioner of finance of a\ncity having a population of one million or more, or such commissioner's\ndesignee.\n d. "Eligible property" means a property that, beginning on or after\nJune fifteenth, two thousand twenty-two, serves as the primary residence\nof the owner of such property, and served as such owner's primary\nresidence during the ninety days prior to such date.\n e. "Erroneous rebate" means:\n (i) a rebate that was granted to an owner who was not entitled to a\nrebate under this section; or\n (ii) a rebate that was granted or calculated in error under this\nsection.\n f. "Owner" means one or more natural persons who, beginning on or\nafter June fifteenth, two thousand twenty-two, either:\n (i) owns a property in fee simple absolute or as a tenant in common, a\njoint tenant or a tenant by the entirety;\n (ii) is a tenant-stockholder of a cooperative apartment corporation\nwho resides in a portion of real property owned by such cooperative\napartment corporation, to the extent represented by their share or\nshares of stock in such corporation as determined by their proportional\nrelationship to the total outstanding stock of such corporation,\nincluding such stock owned by such corporation; or\n (iii) owns a present interest in a property under a life estate or who\nis a beneficial owner under a trust.\n g. "Immediate family member" means an owner's spouse, domestic\npartner, sibling or child.\n h. "Property" means a one, two, or three family residence or a\ndwelling unit in residential property held in the cooperative or\ncondominium form of ownership. "Property" shall not include any vacant\nland.\n i. "Proportionate share of the arrears of the dwelling unit" is the\nquotient of the amount of unpaid real property taxes, assessments, and\nother charges of a residential property held in the cooperative form of\nownership divided by the number of units therein, including dwelling\nunits and units used primarily for professional or commercial purposes.\n j. "Qualified gross income" means the adjusted gross income for the\ntaxable year as reported for federal income tax purposes, or which would\nbe reported as adjusted gross income if a federal income tax return were\nrequired to be filed. In computing qualified gross income, the net\namount of loss reported on Federal Schedule C, D, E, or F shall not\nexceed three thousand dollars per schedule.\n k. "Substantially higher" means no more than two hundred seventy-five\nthousand dollars.\n 3. Primary residence. Any local law adopted pursuant to this section\nshall establish a process by which an owner of a property shall\ndemonstrate primary residence, provided that such local law shall not\nrequire such demonstration from an owner who receives a real property\ntax exemption pursuant to section four hundred twenty-five of this title\nor a school tax relief credit pursuant to subsection (eee) of section\nsix hundred six of the tax law for such property for the fiscal year\ncommencing on the first of July, two thousand twenty-two.\n 4. Amount of rebate. The amount of the rebate to be provided by the\ncommissioner of finance shall be the lesser of one hundred fifty dollars\nor the annual tax imposed on the property.\n 5. Qualification for rebate for recipients of STAR credit or\nexemption. The owner of an eligible property who receives a real\nproperty tax exemption pursuant to section four hundred twenty-five of\nthis title or a school tax relief credit pursuant to subsection (eee) of\nsection six hundred six of the tax law for the fiscal year commencing on\nthe first of July, two thousand twenty-two and satisfies the\nrequirements described in subdivision one of this section shall not be\nrequired to file, and shall not file, an application for the rebate\nauthorized pursuant to this section. To the extent the commissioner of\nfinance determines that such an owner is not entitled to the rebate\nauthorized pursuant to this section, the commissioner shall send to such\nowner a notice of denial of the rebate.\n 6. Qualification for rebate for owners of an eligible property who are\nnot recipients of STAR credit or exemption. a. Generally. The owner of\nan eligible property who does not receive a real property tax exemption\npursuant to section four hundred twenty-five of this title or a school\ntax relief credit pursuant to subsection (eee) of section six hundred\nsix of the tax law for the fiscal year commencing on the first of July,\ntwo thousand twenty-two may file an application for the rebate\nauthorized pursuant to this section, provided that, such owner satisfies\nthe requirements described in subdivision one of this section, and\nprovided, further, that for an eligible property that serves as the\nprimary residence of more than one owner, all such owners shall jointly\nfile an application for such rebate. Notwithstanding any provision of\nany general, special or local law to the contrary, an application for a\nrebate authorized pursuant to this section shall be filed by electronic\nmeans on or before the date or dates established in the local law\nadopted pursuant to this section. Upon a showing by an applicant that\nfiling an application by electronic means is not practicable for reasons\nincluding but not limited to lack of access to, or ability to use, the\ntechnology needed to file by electronic means, the commissioner of\nfinance may grant a waiver of the requirement to file such application\nby electronic means. No rebate shall be granted pursuant to this section\nunless the owner files such application within the time period or time\nperiods prescribed by the local law adopted pursuant to this section. No\nmore than one application shall be submitted for an eligible property.\n b. Approval or denial of application. If the commissioner of finance\ndetermines that an applicant is entitled to the rebate authorized\npursuant to this section, the commissioner shall approve such\napplication, notify such applicant of such approval, and grant such\nrebate to such applicant. If the commissioner of finance determines that\nan applicant is not entitled to the rebate authorized pursuant to this\nsection, the commissioner shall send to each such applicant a notice of\ndenial of such application. Such notice of denial shall specify the\nreason for such denial and shall be sent in a manner to be provided in\nlocal laws or in rules promulgated by the commissioner of finance.\nFailure to send any such notice of denial or the failure of any\napplicant to receive such notice shall not affect such denial and shall\nnot prevent the levy, collection and enforcement of taxes on the\nproperty of such applicant.\n c. Review of submission. The burden shall be on the applicant to\nestablish that the property is the primary residence of such applicant,\nthat the qualified gross income of all the owners for whom such property\nserves as their primary residence is two hundred fifty thousand dollars\nor less and that any other requirements relating to the granting of the\nrebate are satisfied.\n d. Oath. The commissioner of finance shall have the authority to\nrequire that statements made in connection with any application filed\npursuant to this section be made under oath. 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 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 any\nrules promulgated by the commissioner of finance pursuant to this\nsection.\n 7. Denial and revocation of rebate. a. Generally. The commissioner of\nfinance shall deny an application for a rebate or revoke any rebate\nauthorized pursuant to this section if it appears that: (i) the property\ndoes not serve as the primary residence of the owner who has applied for\nsuch rebate or who received the real property tax exemption pursuant to\nsection four hundred twenty-five of this title or a school tax relief\ncredit pursuant to subsection (eee) of section six hundred six of the\ntax law for such property for the fiscal year commencing on the first of\nJuly, two thousand twenty-two, (ii) prior to the granting of the rebate\nauthorized pursuant to this section, title to the property has been\ntransferred to a new owner other than to an immediate family member for\nwhom the property serves as the primary residence until, at a minimum,\nthe date on which such rebate is granted, or (iii) the property is\notherwise no longer eligible for the rebate.\n b. Rights of owners. Upon determining that a rebate authorized\npursuant to this section shall be revoked, the commissioner of finance\nshall send a notice so stating to the affected owner at the time and in\nthe manner to be provided in the local law adopted pursuant to this\nsection. Granting a rebate authorized pursuant to this section, denying\na rebate pursuant to subdivision five of this section, denying an\napplication for a rebate pursuant to paragraph b of subdivision six of\nthis section, or revoking a rebate granted pursuant to this section\nshall constitute a final determination of the commissioner of finance,\nunless, within ninety days, the owner seeks administrative review by the\ncommissioner of finance of such determination, provided that the burden\nshall be on the owner to establish eligibility for the rebate. The\nfailure to grant a rebate authorized pursuant to this section to an\nowner who is not required to submit an application pursuant to\nsubdivision five of this section and who does not receive a notice of\ndenial pursuant to such subdivision shall constitute a final\ndetermination by the commissioner of finance unless such owner seeks\nadministrative review by such commissioner of such determination no\nlater than the first of July, two thousand twenty-three.\n 8. Restriction on rebate for married couples with two or more\nresidences. The rebate authorized by this section shall be granted on no\nmore than one property owned by a married couple, unless such spouses\nare living apart due to legal separation.\n 9. Record of ownership of an eligible property. Any local law adopted\npursuant to this section shall require that ownership of an eligible\nproperty be recorded with the city register, the Richmond county clerk,\nor the automated city register information system by the thirtieth of\nJune, two thousand twenty-two.\n 10. Proof of residency and information regarding qualified gross\nincome. In accordance with subdivisions one and three of this section,\nthe commissioner of finance may request proof of residency and\ninformation relating to qualified gross income from any owner seeking to\nreceive a rebate authorized pursuant to this section.\n 11. Rebate returned for re-issuance. The commissioner of finance may\nprovide a credit against the annual tax of an eligible property in the\namount of the rebate when an owner of an eligible property requests that\na check in the amount of the rebate be re-issued to such owner, except\nthat no such credit shall be provided later than two years from the date\nthe rebate is granted.\n 12. Recovery of erroneous rebate. a. If the commissioner of finance\ndetermines that an owner received an erroneous rebate, the commissioner\nof finance shall recover such erroneous rebate, within six years of the\ngranting of such rebate, by deducting the amount of such erroneous\nrebate from any refund otherwise payable to the owner of such property,\nand any balance of the amount of such erroneous rebate remaining unpaid\nshall constitute a tax lien on the property of such owner as of the due\nand payable date provided on the tax bill mailed by the commissioner of\nfinance containing such amount. If such amount is not paid by such due\nand payable date, interest at the rate applicable to delinquent real\nproperty taxes on such property shall be charged and collected on such\namount from the due and payable date provided on such notice to the date\nof payment. Such tax lien shall be enforceable in accordance with the\nprovisions of law relating to the enforcement of tax liens in any such\ncity. No lien created pursuant to this section shall be enforced against\na subsequent purchaser for value in good faith, provided that the\npurchase occurred prior to the date the amount of the erroneous rebate\nwas entered on the statement of account for such property. Such\nauthority shall supplement any other authority of the commissioner of\nfinance to enforce payment of the erroneous rebate by the owner of such\nproperty.\n b. To the extent a rebate was granted or calculated in error under\nthis section, the amount of the erroneous rebate shall be equal to the\ndifference between the amount of the rebate originally granted and the\namount to which the owner was entitled.\n 13. Penalty for material misstatements. a. Generally. If the\ncommissioner of finance determines, within three years from the granting\nof a rebate authorized pursuant to this section, that there was a\nmaterial misstatement in an application filed pursuant to this section\nand that such misstatement provided the basis for the granting of a\nrebate under this section, the commissioner of finance shall proceed to\nimpose a penalty tax against the property of five hundred dollars in\naddition to recovering the amount of any erroneous rebate under\nsubdivision twelve of this section. An application shall be deemed to\ncontain a material misstatement for this purpose when either:\n (1) the applicant claimed the property was his, her or their primary\nresidence, when it was not;\n (2) the applicant claimed that the applicant owned the property, when\nthe applicant did not; or\n (3) the applicant claimed that the qualified gross income of all the\nowners for whom such property serves as their primary residence was two\nhundred fifty thousand dollars or less, when the qualified gross income\nof such owners was a substantially higher amount.\n b. Procedure. When the commissioner of finance determines that a\npenalty tax shall be imposed, the penalty tax shall be entered on the\nnext ensuing tentative or final assessment roll. Each owner shall be\ngiven notice of the possible imposition of a penalty tax, and shall be\nentitled to seek administrative and judicial review of such action in\nthe manner provided by law.\n 14. Non-disclosure. The information contained in applications filed\nwith the commissioner of finance pursuant to subdivision six of this\nsection shall not be subject to disclosure under article six of the\npublic officers law.\n