N.Y. Real Property Tax Law 489-GGGGG – Administration of the benefit program
§ 489-ggggg. Administration of the benefit program. The department of finance of any city having a population of one million or more persons shall have, in addition to any other functions, powers and duties which have been or may be conferred on it by law, the following functions, powers and duties:
Terms Used In N.Y. Real Property Tax Law 489-GGGGG
- Aggregate floor area: means the sum of the gross areas of the several floors of a building or structure, measured from the exterior faces of exterior walls or from the center lines of walls separating two buildings or structures. See N.Y. Real Property Tax Law 489-AAAAA
- Benefit period: means the period of time when a recipient is eligible to receive benefits pursuant to this title. 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
- Commercial purpose or use: means the buying, selling or otherwise providing of goods or services, including hotel services, or other lawful business or commercial activities permitted in mixed-use property. 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.
- Minimum required expenditure: means expenditure for residential construction work or a combination of residential construction work and commercial construction work in an amount equal to twenty per centum of the initial assessed value; provided, however, that if the department of finance, after consultation with the deputy mayor for finance and economic development, determines that a greater expenditure is required to encourage significant development of mixed-use property, it may establish by rule a higher percentage of initial assessed value, not to exceed fifty per centum thereof, as the minimum required expenditure. See N.Y. Real Property Tax Law 489-AAAAA
- Person: means an individual, corporation, limited liability company, partnership, association, agency, trust, estate, foreign or domestic government or subdivision thereof, or other entity. See N.Y. Real Property Tax Law 489-AAAAA
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Recipient: means an applicant to whom a certificate of eligibility has been issued pursuant to this title, or the successor in interest of such applicant, provided that where a person who has entered into a lease or purchase agreement with the owner or lessee of exempt property has been a co-applicant, such person or the successor in interest of such person shall be the recipient. See N.Y. Real Property Tax Law 489-AAAAA
- 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
- Restricted activity: means any entertainment activity which the department of finance has identified in rules as an activity which, in the public interest, should not be encouraged through the benefits of this title. See N.Y. Real Property Tax Law 489-AAAAA
1. to publicize the availability of benefits pursuant to this title for residential construction work or a combination of residential construction work and commercial construction work;
2. to receive and review applications for certificates of eligibility and issue such certificates where authorized pursuant to section four hundred eighty-nine-ddddd of this title;
3. to receive evidence of expenditures made for construction, and where such expenditures do not equal the amount required to qualify for exemption from tax payments, to take appropriate action, including, but not limited to, revoking benefits pursuant to this title;
4. to enter and inspect property to determine whether it is mixed-use and to take appropriate action, including, but not limited to, revoking benefits received pursuant to this title, whenever (a) twenty-five per centum or less of the aggregate floor area of such property is being used or held out for use as commercial, community facility or accessory use space, or (b) such property, or any portion of such property, is being used for a restricted activity;
5. to collect all real property taxes, with interest, due and owing as a result of reduction, suspension, termination or revocation of any exemption from taxes granted pursuant to this title;
6. to make and promulgate rules to carry out the purposes of this title, including, but not limited to, rules requiring applicants to publish notice of their applications, further defining aggregate floor area, commercial purpose or use and residential purpose or use, specifying the nature of work for which expenses may be included in the minimum required expenditure, increasing the minimum required expenditure, provided, however, that any rule increasing the minimum required expenditure shall not apply to any person who is a recipient on the effective date of such rule. Such rules may provide that benefits pursuant to this title shall be reduced, suspended, terminated or revoked if the recipient is found to have failed to cure violations of the applicable building, fire, or air pollution control codes on the property which is the subject of the certificate of eligibility. Such rules shall define the circumstances under which benefits may be reduced, suspended, terminated or revoked for such violations and provide procedures whereby determinations to reduce, suspend, terminate, revoke or reinstate such benefits shall be made. Such rules may provide for reasonable administrative charges or fees necessary to defray expenses in administering the benefit program provided by this title;
7. if, during the benefit period, any real property tax or water or sewer charges due and payable with respect to property receiving an exemption pursuant to this title shall remain unpaid for at least one year following the date upon which such tax or charge became due and payable, all exemptions granted pursuant to this title with respect to such property shall be revoked unless within thirty days from the mailing of a notice of revocation by the department of finance satisfactory proof is presented to the department of finance that any and all delinquent taxes and charges owing with respect to such property as of the date of such notice have been paid in full or are currently being paid in timely installments pursuant to a written agreement with the department of finance or other appropriate agency. Any revocation pursuant to this subdivision shall be effective with respect to real property tax which became due and payable following the date of such revocation.