§ 489-GGGGG — Administration of the benefit program

New York § 489-GGGGG

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 2-E: Tax Exemption For Certain Construction Work On Mixed-use Property In Cities Having a Population of One Million or More
• Art. 4: Exemptions

Text

§ 489-ggggg. Administration of the benefit program. The department of\nfinance of any city having a population of one million or more persons\nshall have, in addition to any other functions, powers and duties which\nhave been or may be conferred on it by law, the following functions,\npowers and duties:\n 1. to publicize the availability of benefits pursuant to this title\nfor residential construction work or a combination of residential\nconstruction work and commercial construction work;\n 2. to receive and review applications for certificates of eligibility\nand issue such certificates where authorized pursuant to section four\nhundred eighty-nine-ddddd of this title;\n 3. to receive evidence of expenditures made for construction, and\nwhere such expenditures do not equal the amount required to qualify for\nexemption from tax payments, to take appropriate action, including, but\nnot limited to, revoking benefits pursuant to this title;\n 4. to enter and inspect property to determine whether it is mixed-use\nand to take appropriate action, including, but not limited to, revoking\nbenefits received pursuant to this title, whenever (a) twenty-five per\ncentum or less of the aggregate floor area of such property is being\nused or held out for use as commercial, community facility or accessory\nuse space, or (b) such property, or any portion of such property, is\nbeing used for a restricted activity;\n 5. to collect all real property taxes, with interest, due and owing as\na result of reduction, suspension, termination or revocation of any\nexemption from taxes granted pursuant to this title;\n 6. to make and promulgate rules to carry out the purposes of this\ntitle, including, but not limited to, rules requiring applicants to\npublish notice of their applications, further defining aggregate floor\narea, commercial purpose or use and residential purpose or use,\nspecifying the nature of work for which expenses may be included in the\nminimum required expenditure, increasing the minimum required\nexpenditure, provided, however, that any rule increasing the minimum\nrequired expenditure shall not apply to any person who is a recipient on\nthe effective date of such rule. Such rules may provide that benefits\npursuant to this title shall be reduced, suspended, terminated or\nrevoked if the recipient is found to have failed to cure violations of\nthe applicable building, fire, or air pollution control codes on the\nproperty which is the subject of the certificate of eligibility. Such\nrules shall define the circumstances under which benefits may be\nreduced, suspended, terminated or revoked for such violations and\nprovide procedures whereby determinations to reduce, suspend, terminate,\nrevoke or reinstate such benefits shall be made. Such rules may provide\nfor reasonable administrative charges or fees necessary to defray\nexpenses in administering the benefit program provided by this title;\n 7. if, during the benefit period, any real property tax or water or\nsewer charges due and payable with respect to property receiving an\nexemption pursuant to this title shall remain unpaid for at least one\nyear following the date upon which such tax or charge became due and\npayable, all exemptions granted pursuant to this title with respect to\nsuch property shall be revoked unless within thirty days from the\nmailing of a notice of revocation by the department of finance\nsatisfactory proof is presented to the department of finance that any\nand all delinquent taxes and charges owing with respect to such property\nas of the date of such notice have been paid in full or are currently\nbeing paid in timely installments pursuant to a written agreement with\nthe department of finance or other appropriate agency. Any revocation\npursuant to this subdivision shall be effective with respect to real\nproperty tax which became due and payable following the date of such\nrevocation.\n