New York Real Property Tax Code § 489-FFFF

Reporting requirement; termination of benefits
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§ 489-ffff. Reporting requirement; termination of benefits. 1. Upon\napproval by the department of buildings of the plans submitted in\nconnection with the building permit and any amendments to such plans,\nthe recipient shall file with the department of finance a narrative\ndescription of such approved plans describing the industrial, commercial\nor renovation construction work for which such recipient seeks benefits\npursuant to this title.\n  2. For the duration of the benefit period the recipient shall file\nannually with the department of finance, on or before the taxable status\ndate, a certificate of continuing use stating the purposes for which the\nproperty described in the certificate of eligibility is being used and\nthe net square footage allotted to each such purpose. Such certificate\nof continuing use shall be on a form prescribed by the department of\nfinance and shall state the total number of workers employed on the\nproperty and the number of such workers who are city residents. The\ndepartment of finance shall have authority to terminate benefits\npursuant to this title upon failure of a recipient to file such\ncertificate by the taxable status date. The burden of proof shall be on\nthe recipient to establish continuing eligibility for benefits and the\ndepartment of finance shall have the authority to require that\nstatements made in such certificate shall be made under oath.\n  3. A recipient shall file an amendment to the latest certificate of\ncontinuing use prior to (a) converting square footage within property\nwhich is the subject of a certificate of eligibility for industrial\nconstruction work from use for the manufacturing activities described in\nsuch certificate of continuing use where such conversion results in less\nthan sixty-five per centum of total net square footage being used or\nheld out for use for manufacturing activities; or (b) converting any\nportion of property which is the subject of a certificate of eligibility\nto use for any restricted activity or as residential property.\n  4. Not later than eighteen months after the effective date of a\ncertificate of eligibility, with an effective date of June thirtieth,\nnineteen hundred ninety-two or before, the recipient shall present\nevidence to the department of finance demonstrating that the recipient\nhas made one-half of the minimum required expenditure.  Not later than\nthirty-six months after the effective date of such certificate, such\nrecipient shall present evidence to such department demonstrating that\nthe recipient has made the minimum required expenditure. Not later than\nthirty months after the effective date of a certificate of eligibility\nwith an effective date of July first, nineteen hundred ninety-two or\nafter, the recipient shall present evidence to the department of finance\ndemonstrating that the recipient has made one-half of the minimum\nrequired expenditure; provided, however, that a recipient of a\ncertificate of eligibility for renovation construction work for property\nlocated in the renovation exemption area specified in subparagraph (ii)\nof paragraph (d) of subdivision five of section four hundred\neighty-nine-cccc of this title shall present such evidence not later\nthan eighteen months after the effective date of such certificate, or by\nDecember thirty-first, nineteen hundred ninety-four, whichever is\nearlier; provided, further, however, that a recipient who filed an\napplication for a certificate of eligibility for renovation construction\nwork for property located in the renovation exemption area specified in\nsubparagraph (ii) of paragraph (d) of subdivision five of section four\nhundred eighty-nine-cccc of this title on or after July first, nineteen\nhundred ninety-four, but before February first, nineteen hundred\nninety-five, shall present such evidence not later than eighteen months\nafter the effective date of such certificate, or by July thirty-first,\nnineteen hundred ninety-five, whichever

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