New York § 489-IIIII Penalties for non-compliance, false statements and omissions

New York Statutes

§ 489-IIIII — Penalties for non-compliance, false statements and omissions

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

§ 489-iiiii. Penalties for non-compliance, false statements and\nomissions.

1.The department of finance may deny, reduce, suspend,\nterminate or revoke any exemption from tax payments pursuant to this\ntitle whenever (a) a recipient fails to comply with the requirements of\nthis title or the rules promulgated hereunder; or (b) an application,\ncertificate or other document submitted by an applicant or recipient\npursuant to the requirements of this title or the rules promulgated\nhereunder contains a false or misleading statement as to a material fact\nor omits to state any material fact necessary in order to make the\nstatements therein not false or misleading. The department of finance\nmay declare any applicant or recipient referred to in paragraph (a) or\n(b) of this subdivision to

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§ 489-iiiii. Penalties for non-compliance, false statements and\nomissions. 1. The department of finance may deny, reduce, suspend,\nterminate or revoke any exemption from tax payments pursuant to this\ntitle whenever (a) a recipient fails to comply with the requirements of\nthis title or the rules promulgated hereunder; or (b) an application,\ncertificate or other document submitted by an applicant or recipient\npursuant to the requirements of this title or the rules promulgated\nhereunder contains a false or misleading statement as to a material fact\nor omits to state any material fact necessary in order to make the\nstatements therein not false or misleading. The department of finance\nmay declare any applicant or recipient referred to in paragraph (a) or\n(b) of this subdivision to be ineligible for future exemption pursuant\nto this title for the same or other property.\n 2. Notwithstanding any other law to the contrary, a recipient shall be\npersonally liable for any taxes owed pursuant to this title whenever\nsuch recipient fails to comply with this title or the rules promulgated\nhereunder or makes such false or misleading statement or omission, and\nthe department of finance determines that such act was due to the\nrecipient's willful neglect, or that under the circumstances such act\nconstituted a fraud on the department of finance or a buyer or\nprospective buyer of the property. The remedy provided herein for an\naction in personam shall be in addition to any other remedy or procedure\nfor the enforcement of collection of delinquent taxes provided by any\ngeneral, special or local law. Any lease provision which obligates a\ntenant to pay taxes which become due because of willful neglect or fraud\nby the recipient, or otherwise relieves or indemnifies the recipient\nfrom any personal liability arising hereunder, shall be void as against\npublic policy except where the imposition of such taxes or liability is\noccasioned by actions of the tenant in violation of the lease.\n

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