§ 489-EEEE — Application for certificate of eligibility

§ 489-eeee. Application for certificate of eligibility. 1. Application\nfor a certificate of eligibility pursuant to this title may be made\nimmediately following the effective date of a local law enacted pursuant\nto this title and continuing until June thirtieth, two thousand eight;\nprovided, however, that application for a certificate of eligibility for\nrenovation construction work for property located in the renovation\nexemption area specified in subparagraph (ii) of paragraph (d) of\nsubdivision five of section four hundred eighty-nine-cccc of this title\nmay not be made after January thirty-first, nineteen hundred\nninety-five; provided, further, however, that application for a\ncertificate of eligibility for construction of a new building or\nstructure that meets the requirements set forth in subdivision nine of\nsection four hundred eighty-nine-dddd of this title in the new\nconstruction exemption area specified in paragraph (a) of subdivision\nsix of section four hundred eighty-nine-cccc of this title may not be\nmade after December thirty-first, nineteen hundred ninety-six; provided,\nfurther, however, that application for a certificate of eligibility for\nconstruction of a new building or structure that meets the requirements\nset forth in subdivision nine of section four hundred eighty-nine-dddd\nof this title in the new construction exemption area specified in\nparagraph (b) of subdivision six of section four hundred\neighty-nine-cccc of this title may not be made after June thirtieth, two\nthousand three. Such application shall state whether it is for\nindustrial, commercial or renovation construction work, and shall be\nfiled with the department of finance. In addition to any other\ninformation required by such department, the application shall include\ncost estimates or bids for the proposed construction and an affidavit of\na professional engineer or architect of the applicant's choice,\ncertifying that detailed plans for the construction work have been\nsubmitted to the department of buildings. 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 department of finance to secure\ncompliance with all applicable city, state and federal laws or which\nimplement mayoral directives and executive orders designed to ensure\nequal employment opportunity. If required by local law or rule as\ndescribed in section four hundred eighty-nine-llll of this title, such\napplication shall also state that the applicant agrees to comply with\nthe program established thereby to ensure meaningful participation of\nminority and women-owned business enterprises in construction work for\nwhich the applicant receives benefits. Such application shall also\ncertify that all taxes currently due and owing on the property which is\nthe subject of the application have been paid or are currently being\npaid in timely installments pursuant to written agreement with the\ndepartment of finance.\n 2. The burden of proof shall be on the applicant to show by clear and\nconvincing evidence that the requirements for granting an exemption from\nor abatement or deferral of payment of taxes pursuant to this title have\nbeen satisfied. The department of finance shall have the authority to\nrequire that statements in connection with the application be made under\noath.\n 3. The department of finance shall issue a certificate of eligibility\nupon determining that the applicant satisfies the requirements for\nindustrial, commercial or renovation construction work in an area where\nbenefits are available for such work. Such certificate shall state\nwhether such benefits are to be granted for industrial, commercial or\nrenovation construction work, and in which class of area the property is\nlocated. The effective date of such certificate, except as provided in\nparagraph (b) or paragraph (d) of subdivision three of section four\nhundred eighty-nine-dddd of this title, shall be the earlier of (a) the\ndate on which a building permit for the construction work is issued by\nthe department of buildings, or (b) the last day before the effective\ndate of any designation of boundaries by the commission which changes\nthe class of area in which the property is located so as to reduce the\nlevel of benefits for commercial construction work on such property.\nWhere the effective date of the certificate of eligibility is July\nfirst, nineteen hundred ninety-two or after, the benefits granted for\nindustrial, commercial or renovation construction work pursuant to this\ntitle shall be in accordance with the provisions of this title as\namended by chapter seven hundred eighty-one of the laws of nineteen\nhundred ninety-two, chapter seven hundred twenty-six of the laws of\nnineteen hundred ninety-four, chapter six hundred sixty-one of the laws\nof nineteen hundred ninety-five, chapter one hundred forty-three of the\nlaws of nineteen hundred ninety-nine, chapter one hundred three of the\nlaws of two thousand three and the chapter of the laws of two thousand\nseven which amended this subdivision. Where the effective date of the\ncertificate is June thirtieth, nineteen hundred ninety-two or before,\nthe benefits granted for industrial or commercial construction work\npursuant to this title shall be in accordance with the provisions of\nthis title as it was in effect until June thirtieth, nineteen hundred\nninety-two immediately prior to its amendment by chapter seven hundred\neighty-one of the laws of nineteen hundred ninety-two. No recipient\nwhose property is the subject of a certificate of eligibility for\ncommercial construction work in a deferral area shall be eligible to\napply for a certificate of eligibility for renovation construction work\non the same property, where the renovation construction work is the same\nas, or similar to, the commercial construction work for which the\ndeferral area certificate was issued, until three years after the\neffective date of the deferral area certificate. No recipient shall\nreceive a tax deferral and a tax exemption for the same expenditure on\neligible construction work.\n 4. A copy of the certificate of eligibility shall be filed by the\ndepartment of finance in the manner prescribed for recording a mortgage\npursuant to section two hundred ninety-one-d of the real property law.\n 5. The department of finance may provide by rule for reasonable\nadministrative charges or fees necessary to defray expenses in\nadministering the benefit program provided by this title.\n