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

New York Statutes

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

New York·Law RPT Real Property Tax·Title 2-D Tax Exemption and Deferral of Tax Payments For Certain Industrial and Commercial Properties In a City of One Million or More Persons·Art. 4 Exemptions

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

1.The department of finance may deny, reduce, suspend,\nrevoke or terminate any exemption from or abatement or deferral of tax\npayments pursuant to this title whenever (a) a recipient fails to comply\nwith the requirements of this title or the rules promulgated by the\ndepartment of finance pursuant thereto; or (b) an application,\ncertificate, report or other document delivered by an applicant or\nrecipient hereunder contains a false or misleading statement as to a\nmaterial fact or omits to state any material fact necessary in order to\nmake the statements therein not false or misleading, and may declare any\napplicant or recipient who makes such false or misleading statement or\nomission to be ineligible for

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§ 489-kkkk. Penalties for non-compliance, false statements and\nomissions. 1. The department of finance may deny, reduce, suspend,\nrevoke or terminate any exemption from or abatement or deferral of tax\npayments pursuant to this title whenever (a) a recipient fails to comply\nwith the requirements of this title or the rules promulgated by the\ndepartment of finance pursuant thereto; or (b) an application,\ncertificate, report or other document delivered by an applicant or\nrecipient hereunder contains a false or misleading statement as to a\nmaterial fact or omits to state any material fact necessary in order to\nmake the statements therein not false or misleading, and may declare any\napplicant or recipient who makes such false or misleading statement or\nomission to be ineligible for future exemption, abatement or deferral\npursuant to 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 such law and rules or makes such\nfalse or misleading statement or omission, and the department of finance\ndetermines that such act was due to the recipient's willful neglect, or\nthat under the circumstances such act constituted a fraud on the\ndepartment of finance or a buyer or prospective buyer of the property.\nThe remedy provided herein for an action in personam shall be in\naddition to any other remedy or procedure for the enforcement of\ncollection of delinquent taxes provided by any general, special or local\nlaw. Any lease provision which obligates a tenant to pay taxes which\nbecome due because of willful neglect or fraud by the recipient, or\notherwise relieve or indemnify the recipient from any personal liability\narising hereunder, shall be void as against public policy except where\nthe imposition of such taxes or liability is occasioned by actions of\nthe tenant in violation of the lease.\n

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