§ 489-ccccc. Eligibility for benefits. 1. A recipient of a\ncertificate of eligibility with an effective date of July first,\nnineteen hundred ninety-five or after must make one-half the minimum\nrequired expenditure within eighteen months of the effective date of\nsuch certificate, and make the minimum required expenditure within\nthirty-six months of the effective date of such certificate to be\neligible to receive the benefits of this title. Any recipient who shall\nfail to make such expenditures shall cease to be eligible for benefits\npursuant to this title and shall pay, with interest, any taxes for which\nan exemption was claimed pursuant to this title.\n 2. No benefits pursuant to this title shall be granted for\nconstruction work on any condominium unit unless such unit is in a\nbuilding or structure which, if viewed as a whole and as if it were\nunder single ownership, would qualify as mixed-use property. The\nminimum required expenditure applicable to any recipient of a\ncertificate of eligibility for construction work on a condominium unit\nshall be equal to the minimum required expenditure which would apply if\na certificate of eligibility were issued for construction work on the\nentire property where such unit is located. Nothing in this subdivision\nshall be construed to prevent owners of condominium units in the same\nproperty from forming an association to be a recipient.\n 3. No benefits pursuant to this title shall be granted for any\nconstruction work unless the applicant filed an application for such\nbenefits on or before the date of issuance of a building permit for such\nwork. The requirements of this subdivision may be satisfied where the\napplicant's architect, contractor or other representative authorized to\nfile the application for such building permit files with the department\nof finance on behalf of the applicant a preliminary application\ncontaining such information as the department of finance shall prescribe\nby rule.\n 4. No benefits pursuant to this title shall be granted for any\nconstruction work on property any part of which is used or is to be used\nfor a restricted activity.\n 5. No benefits pursuant to this title shall be granted for\nconstruction work which is the subject of a certificate of eligibility\nissued pursuant to title two, title two-C or title two-D of this\narticle.\n 6. The benefits of this title shall be granted exclusively for\nresidential construction work or a combination of residential\nconstruction work and commercial construction work described in approved\nplans. The benefits of this title shall be granted exclusively for\nresidential construction work or a combination of residential\nconstruction work and commercial construction work on existing buildings\nor structures which, after completion of such construction work, will\nqualify as mixed-use property. No benefits pursuant to this title shall\nbe granted for construction of a new building or structure.\n 7. Any tax lot which is partly located inside the mixed-use\nconstruction exemption area shall be deemed to be entirely located\ninside such area.\n 8. No benefits pursuant to this title shall be granted for any\nresidential construction work or combination of residential construction\nwork and commercial construction work unless the applicant shall file,\ntogether with the application, an affidavit setting forth the following\ninformation:\n (a) a statement that within the seven years immediately preceding the\ndate of application for a certificate of eligibility, neither the\napplicant, nor any person owning a substantial interest in the property\nas defined in paragraph (c) of this subdivision, nor any officer,\ndirector or general partner of the applicant or such person was finally\nadjudicated by a court of competent jurisdiction to have violated\nsection two hundred thirty-five of the real property law or any section\nof article one hundred fifty of the penal law or any similar arson law\no
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