§ 499-EEEEE — Revocation of tax abatement

New York § 499-EEEEE

• Jurisdiction: New York
• Law RPT: Real Property Tax
• Title 6: Childcare Center Tax Abatement For Certain Properties In a City Having a Population of One Million or More
• Art. 4: Exemptions

Text

§ 499-eeeee. Revocation of tax abatement. 1. Notwithstanding any\nprovision of law to the contrary, the department of finance shall\nrevoke, in whole or in part, any tax abatement granted pursuant to this\ntitle whenever a designated agency has determined and notified such\ndepartment that:\n (a) The childcare center in the eligible building of the owner whose\napplication for tax abatement has been approved has ceased operation as\na childcare center for a period exceeding one hundred eighty days of the\nabatement period, except when such childcare center ceases operation due\nto an act or event beyond the control and without any fault or\nnegligence of the childcare center or of the owner of the eligible\nbuilding in which such childcare center operates, which may include, but\nis not limited to, fire, flood, earthquake, storm or other natural\ndisaster, civil commotion, war, terrorism, riot, and labor disputes not\nbrought about by any act or omission of such childcare center or such\nowner; or\n (b) An application, certification, report or other document submitted\nby the owner whose application for tax abatement has been approved\ncontains a false or misleading statement as to a material fact or omits\nto state any material fact necessary in order to make the statement\ntherein not false or misleading.\n 2. The department of finance may revoke, in whole or in part, any tax\nabatement granted pursuant to this title whenever it has determined that\nan owner whose application for tax abatement has been approved has\noutstanding real property taxes, water and sewer charges, payments in\nlieu of taxes or other municipal charges that have been due and owing\nduring the abatement period for a period of six months or more.\n 3. Upon a determination by a designated agency, after notice and an\nopportunity to be heard, that the childcare center in the eligible\nbuilding of the owner whose application for tax abatement has been\napproved has ceased operation as a childcare center for a period\nexceeding one hundred eighty days of the abatement period, such agency\nshall notify the department of finance of such determination no later\nthan the ninetieth day after such determination was reached.\n 4. An owner whose application for tax abatement has been approved, and\nfor whom such tax abatement has been revoked due to a false or\nmisleading statement, or an omission, pursuant to paragraph (b) of\nsubdivision one of this section, shall pay, with interest, such part of\nany tax abatement received pursuant to this title that represents the\nperiod of non-compliance as determined by the designated agency or the\ndepartment of finance, as the case may be.\n