§ 499-FF — Reporting requirements; revocation of abatements

§ 499-ff. Reporting requirements; revocation of abatements. 1. For the\nduration of the applicant's benefit period, the applicant shall file\nannually with the department of finance, on or before July first of each\nyear, a certificate of continuing eligibility confirming that the\neligible premises are occupied by the tenant who originally executed the\nlease and that the eligible premises are being used for the purposes\ndescribed in the application. In addition, for eligible premises defined\nin subparagraph (ii) of paragraph (b) or paragraph (c) of subdivision\nten of section four hundred ninety-nine-aa of this title, a certificate\nof continuing eligibility shall (a) confirm that the percentage of the\naggregate floor area of the eligible premises occupied or used for\nindustrial and manufacturing activities (exclusive of ancillary uses)\nhas not been reduced and (b) state separately the current percentage of\nthe aggregate floor area of the eligible premises used for industrial\nand manufacturing activities, ancillary uses and retail activities. Such\ncertificate of continuing eligibility shall be on a form prescribed by\nthe department of finance and shall contain such additional information\nas the department of finance shall require. The department of finance\nshall have the authority to terminate abatements granted pursuant to\nthis title upon failure of an applicant to file such certificate by such\nJuly first date. The burden of proof shall be on the applicant to\nestablish continuing eligibility for benefits and the department of\nfinance shall have the authority to require that statements made in such\ncertificate shall be made under oath.\n 2. The department of finance shall revoke any abatement granted\npursuant to this title when the tenant who originally executed the lease\nis no longer occupying the eligible premises. Such revocation shall be\nretroactive to the date that such tenant vacated the eligible premises\nand the department of finance shall require the landlord to pay, with\ninterest, any taxes which become payable as a result of such revocation.\nThe landlord shall notify the department of finance within thirty days\nfollowing the date on which such tenant vacated the eligible premises\nand, for failure to comply with this notification requirement, shall be\nliable for penalty calculated for the same period as interest is\ncalculated pursuant to the preceding sentence.\n 3. If any portion of the premises for which an abatement has been\ngranted pursuant to this title ceases to be occupied or used as eligible\npremises or is occupied by a subtenant, the department of finance shall\nreduce the abatement granted pursuant to this title by an amount equal\nto the percentage of such eligible premises which has ceased to be\noccupied or used as eligible premises or is occupied by a subtenant.\nSuch reduction shall be retroactive to the date that such premises\nceased to be occupied or used as eligible premises or was occupied by a\nsubtenant, and the department of finance shall require the landlord to\npay, with interest, any taxes which become payable as a result of such\nreduction. The landlord shall notify the department of finance within\nthirty days following the date on which the premises ceased to be\noccupied or used as eligible premises or was occupied by a subtenant\nand, for failure to comply with this notification requirement, shall be\nliable for penalty calculated for the same period as interest is\ncalculated pursuant to the preceding sentence.\n 4. If, during the benefit period, any real property tax or water or\nsewer charge or other lienable charge due and payable with respect to an\neligible building shall remain unpaid for at least one year following\nthe date upon which such tax or charge became due and payable, all\nabatements granted pursuant to this title with respect to such building\nshall be revoked, unless within thirty days from the mailing of a notice\nof revocation by the department of finance satisfactory proof is\npresented to the department of finance that any and all delinquent taxes\nand charges owing with respect to such building as of the date of such\nnotice have been paid in full or are currently being paid in timely\ninstallments pursuant to a written agreement with the department of\nfinance or other appropriate agency. Any revocation pursuant to this\nsubdivision shall be effective with respect to real property taxes which\nbecome due and payable following the date of such revocation.\n 5. The department of finance may deny, reduce, suspend, terminate or\nrevoke any abatement granted pursuant to this title whenever:\n (a) the landlord or the tenant receiving abatement pursuant to this\ntitle fails to comply with the requirements of this title or the rules\npromulgated hereunder; or\n (b) an application, certificate, report or other document submitted by\nthe applicant contains a false or misleading statement as to a material\nfact or omits to state any material fact necessary in order to make the\nstatement therein not false or misleading, and may declare any applicant\nwho makes such false or misleading statement or omission to be\nineligible for future abatement pursuant to this title for the same or\nother property. In addition, the department of finance shall require the\napplicant to pay, with penalty and interest, any abatement received\npursuant to this title as a result of such false or misleading statement\nor omission of a material fact.\n 6. Notwithstanding any other provision of this title, the department\nof finance shall deny, terminate or revoke any abatement applied for or\ngranted pursuant to this title upon a determination that the lease\nbetween the landlord and the tenant does not constitute a bona fide\narm's length lease. In making such determination, the department of\nfinance may consider, among other factors, the relationship, if any,\nbetween the landlord and the tenant and whether the business terms of\nsuch lease are consistent with the business terms generally found in\nleases for comparable space.\n 7. (a) If any person described in the statement required by paragraph\n(b) of subdivision seven of section four hundred ninety-nine-cc of this\ntitle or paragraph (b) of this subdivision is finally adjudicated by a\ncourt of competent jurisdiction to be guilty of any charge listed in\nsuch statement, the department of finance shall revoke the abatement\ngranted pursuant to this title and shall require the payment, with\ninterest, of any abatement received pursuant to this title.\n (b) The applicant shall, on the certificate of continuing eligibility,\nstate whether any charges alleging violation by the applicant or any\nperson owning a substantial interest in the eligible building, or any\nofficer, director or general partner of the applicant or person owning a\nsubstantial interest in the eligible building, or any person for whom\nthe applicant or person owning a substantial interest in the eligible\nbuilding is an officer, director or general partner, of section two\nhundred thirty-five of the real property law or any section of article\none hundred fifty of the penal law or any similar arson law of another\njurisdiction, are pending. For purposes of this paragraph, "substantial\ninterest" shall have the same meaning as set forth in paragraph (c) of\nsubdivision seven of section four hundred ninety nine-cc of this title.\n 8. The department of finance shall revoke any abatement granted\npursuant to this title with respect to premises leased to a renewal\ntenant if the applicant shall fail to submit evidence acceptable to the\ndepartment of finance, within the time specified in subdivision four of\nsection four hundred ninety-nine-dd of this title, that the requirements\nof section four hundred ninety-nine-cc of this title concerning\nexpenditures on improvements have been met within the time specified in\nsuch section four hundred ninety-nine-cc. In such event, the department\nof finance shall require the landlord to pay, with penalty and interest,\nany abatement received pursuant to this title with respect to the\npremises in question.\n