N.Y. Real Property Tax Law 489-DDDDD – Application for certificate of eligibility
§ 489-ddddd. Application for certificate of eligibility. 1. Application for a certificate of eligibility pursuant to this title may be made on or after July first, nineteen hundred ninety-five and continuing until June thirtieth, nineteen hundred ninety-nine, provided, however, that no benefits pursuant to this title shall be granted for construction work performed pursuant to a building permit issued after July thirty-first, nineteen hundred ninety-nine. Such application shall state whether it is for residential construction work or a combination of residential construction work and commercial construction work, and shall be filed with the department of finance. In addition to any other information required by such department, the application shall include cost estimates or bids for the proposed construction and an affidavit of a professional engineer or architect of the applicant's choice, certifying that detailed plans for the construction work have been submitted to the department of buildings. Such application shall also state that the applicant agrees to comply with and be subject to rules issued from time to time by the department of finance to secure compliance with this title and all applicable local, state and federal laws. Such application shall also certify that all taxes, water charges and sewer rents currently due and owing on the property which is the subject of the application have been paid or are currently being paid in timely installments pursuant to written agreement with the department of finance or other appropriate agency.
Terms Used In N.Y. Real Property Tax Law 489-DDDDD
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Applicant: means any person obligated to pay real property taxes on the property for which an exemption from real property taxes under this title is sought or in the case of exempt property, the record owner or lessee thereof. See N.Y. Real Property Tax Law 489-AAAAA
- Certificate of eligibility: means the document issued by the department of finance pursuant to section four hundred eighty-nine-ddddd of this title. See N.Y. Real Property Tax Law 489-AAAAA
- Commercial construction work: means the modernization, rehabilitation, expansion or other improvement of the portion of mixed-use property to be used for commercial purposes. See N.Y. Real Property Tax Law 489-AAAAA
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Residential construction work: means the creation, modernization, rehabilitation, expansion or other improvement of dwelling units, other than dwelling units in a hotel, in the portion of mixed-use property to be used for residential purposes. See N.Y. Real Property Tax Law 489-AAAAA
2. The burden of proof shall be on the applicant to show by clear and convincing evidence that the requirements for granting an exemption from payment of taxes pursuant to this title have been satisfied. The department of finance shall have the authority to require that statements in connection with the application shall be made under oath.
3. The department of finance shall issue a certificate of eligibility upon determining that the applicant satisfies the requirements of this title. Such certificate shall state whether the benefits are for residential construction work or a combination of residential construction work and commercial construction work. The effective date of such certificate shall be the date on which a building permit for the construction work is issued by the department of buildings.