§ 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
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.