S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9440

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced by M. of A. CASTRO -- read once and referred to the Committee
  on Real Property Taxation

AN  ACT  to amend the real property tax law, in relation to creating tax
  abatements for certain commercial properties located within the Kings-
  bridge Armory mall project

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 4 of the real property tax law is amended by adding
a new title 3-A to read as follows:
                                 TITLE 3-A
                  TAX ABATEMENT FOR CERTAIN COMMERCIAL
          PROPERTIES LOCATED WITHIN THE KINGSBRIDGE ARMORY MALL
                                 PROJECT
SECTION 496. DEFINITIONS.
        496-A. REAL PROPERTY TAX ABATEMENT.
        496-B. CREDIT TO TENANT.
        496-C. ELIGIBILITY REQUIREMENTS.
        496-D. APPLICATION FOR CERTIFICATE OF ABATEMENT.
        496-E. ENFORCEMENT AND ADMINISTRATION.
        496-F. REPORTING REQUIREMENTS; REVOCATION OF ABATEMENTS.
        496-G. TAX LIEN; INTEREST AND PENALTY.
        496-H. CONFIDENTIALITY.

  S 496. DEFINITIONS. WHEN USED IN THIS TITLE, THE FOLLOWING TERMS SHALL
MEAN OR INCLUDE:
  1.  "ABATEMENT  BASE". THE LESSER OF:  (A) TWO DOLLARS AND FIFTY CENTS
OR (B) FIFTY PER CENTUM OF THE TAX LIABILITY PER SQUARE FOOT.
  2. "ABATEMENT ZONE". ANY AREA LOCATED WITHIN A TWO AND  ONE-HALF  MILE
RADIUS OF THE CONSTRUCTION AREA OF THE KINGSBRIDGE ARMORY MALL PROJECT.
  3.  "AGGREGATE  FLOOR AREA". THE SUM OF THE GROSS AREAS OF THE SEVERAL
FLOORS OF A BUILDING, MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS
OR FROM THE CENTER LINES OF WALLS SEPARATING TWO BUILDINGS.
  4. "APPLICANT". THE LANDLORD AND THE TENANT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD14923-02-9

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  5. "BENEFIT PERIOD". THE PERIOD COMMENCING WITH THE FIRST DAY  OF  THE
MONTH  IMMEDIATELY  FOLLOWING THE RENT COMMENCEMENT DATE AND TERMINATING
NO LATER THAN SIXTY MONTHS THEREAFTER.
  6.  "BILLABLE  ASSESSED VALUE". THE LESSER OF THE TAXABLE TRANSITIONAL
OR THE TAXABLE ACTUAL ASSESSED VALUE OF THE ELIGIBLE  BUILDING  AND  THE
LAND  ON  WHICH  THE ELIGIBLE BUILDING IS LOCATED FOR THE FISCAL YEAR IN
WHICH THE BENEFIT PERIOD COMMENCES, AS COMPUTED PURSUANT TO  SUBDIVISION
THREE OF SECTION EIGHTEEN HUNDRED FIVE OF THIS CHAPTER.
  7.  "DEPARTMENT  OF FINANCE". THE DEPARTMENT OF FINANCE OF THE CITY OF
NEW YORK.
  8. "ELIGIBLE BUILDING".    A  NON-RESIDENTIAL  OR  MIXED-USE  BUILDING
LOCATED  IN THE ABATEMENT ZONE. SUCH ELIGIBLE BUILDING SHALL NOT INCLUDE
ANY BUILDING OWNED BY A GOVERNMENTAL AGENCY.
  9.   "ELIGIBLE PREMISES". PREMISES LOCATED  IN  AN  ELIGIBLE  BUILDING
WHICH  ARE  OCCUPIED  OR USED BY A BUSINESS THAT (A) HAS BEEN CONDUCTING
BUSINESS OPERATIONS AND ENGAGING PRIMARILY IN RETAIL ACTIVITIES,  ENTER-
TAINMENT, OR RESTAURANT SERVICES DURING THE FIVE CONSECUTIVE YEARS PRIOR
TO  THE  RENT COMMENCEMENT DATE; (B) WILL BE ENGAGED PRIMARILY IN RETAIL
ACTIVITIES, ENTERTAINMENT, OR RESTAURANT SERVICES AT SUCH ELIGIBLE PREM-
ISES; AND (C) WHO HAS FEWER THAN ONE HUNDRED  TWENTY-FIVE  EMPLOYEES  IN
THE INITIAL TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED.
  10.  "FISCAL YEAR". THE FISCAL YEAR OF ANY CITY HAVING A POPULATION OF
ONE MILLION OR MORE.
  11. "GOVERNMENTAL AGENCY". THE UNITED STATES OF AMERICA OR ANY  AGENCY
OR INSTRUMENTALITY THEREOF, THE STATE OF NEW YORK, THE CITY OF NEW YORK,
ANY  PUBLIC  CORPORATION (INCLUDING A BODY CORPORATE AND POLITIC CREATED
PURSUANT TO AGREEMENT OR COMPACT BETWEEN THE STATE OF NEW YORK  AND  ANY
OTHER  STATE),  PUBLIC  BENEFIT  CORPORATION,  PUBLIC AUTHORITY OR OTHER
POLITICAL SUBDIVISION OF THE STATE.
  12. "LANDLORD". ANY PERSON WHO:    (A)  CONTROLS  ALL  NON-RESIDENTIAL
PORTIONS  OF  AN  ELIGIBLE  BUILDING, INCLUDING, WITHOUT LIMITATION, THE
RECORD OWNER,  THE  LESSEE  UNDER  A  GROUND  LEASE,  ANY  MORTGAGEE  IN
POSSESSION OR ANY RECEIVER; AND
  (B)  WHO  GRANTS  THE  RIGHT TO USE OR OCCUPY ELIGIBLE PREMISES TO ANY
TENANT, PROVIDED THAT LANDLORD SHALL NOT INCLUDE ANY LESSEE WHO  AT  ANY
TIME DURING THE LEASE TERM OCCUPIED OR USED OR OCCUPIES OR USES ANY PART
OF  THE  NON-RESIDENTIAL  PORTIONS OF SUCH ELIGIBLE BUILDING, OTHER THAN
PREMISES OCCUPIED OR USED BY SUCH LESSEE TO PROVIDE RENTAL OR MANAGEMENT
SERVICES TO SUCH BUILDING.
  13. "LEASE COMMENCEMENT DATE". THE DATE SET  FORTH  IN  THE  LEASE  ON
WHICH THE TERM OF THE LEASE COMMENCES.
  14.  "MIXED-USE  BUILDING".  A  BUILDING USED FOR BOTH RESIDENTIAL AND
COMMERCIAL PURPOSES, PROVIDED THAT MORE THAN TWENTY-FIVE PER  CENTUM  OF
THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS
COMMERCIAL, COMMUNITY FACILITY OR ACCESSORY USE SPACE.
  15.  "PERSON".  AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, ASSOCIATION, AGENCY, TRUST,  ESTATE,  FOREIGN  OR  DOMESTIC
GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY.
  16.  "TAX LIABILITY". THE PRODUCT OBTAINED BY MULTIPLYING THE BILLABLE
ASSESSED VALUE FOR THE FISCAL YEAR IN WHICH THE BENEFIT PERIOD COMMENCES
BY THE TAX RATE APPLICABLE TO THE ELIGIBLE BUILDING FOR SUCH FISCAL YEAR
AS SET BY THE LOCAL LEGISLATIVE BODY OF ANY CITY HAVING A POPULATION  OF
ONE MILLION OR MORE.
  17.  "TAX LIABILITY PER SQUARE FOOT". THE TAX LIABILITY DIVIDED BY THE
TOTAL NUMBER OF SQUARE FEET IN THE ELIGIBLE BUILDING, AS LISTED  ON  THE
RECORDS OF THE DEPARTMENT OF FINANCE.

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  18.  "TENANT".  A  PERSON  (INCLUDING  ANY SUCCESSORS IN INTEREST) WHO
EXECUTES A LEASE WITH THE LANDLORD FOR THE RIGHT TO OCCUPY  OR  USE  THE
ELIGIBLE  PREMISES AND WHO OCCUPIES OR USES THE ELIGIBLE PREMISES PURSU-
ANT TO SUCH LEASE. TENANT SHALL NOT INCLUDE ANY SUBTENANT.
  19.  "TENANT'S  PERCENTAGE  SHARE".  THE  PERCENTAGE  OF  THE ELIGIBLE
BUILDING'S AGGREGATE FLOOR AREA  ALLOCATED  TO  THE  ELIGIBLE  PREMISES,
WHICH  SHALL BE PRESUMED TO BE SUCH PERCENTAGE AS SET FORTH IN THE LEASE
FOR THE ELIGIBLE PREMISES; PROVIDED THAT  WHERE  THE  ELIGIBLE  PREMISES
INCLUDES  EXPANSION  PREMISES,  THE "TENANT'S PERCENTAGE SHARE" SHALL BE
CALCULATED ON THE BASIS OF THE PERCENTAGE  OF  THE  ELIGIBLE  BUILDING'S
AGGREGATE FLOOR AREA ALLOCATED SOLELY TO THE EXPANSION PREMISES.
  20.  "RENEWAL  TENANT".  A  PERSON  WHO HAS AN EXISTING LEASE WITH THE
LANDLORD AND RENEGOTIATES OR RENEWS SUCH LEASE WITH THE LANDLORD FOR THE
RIGHT TO OCCUPY OR USE THE ELIGIBLE PREMISES.
  S 496-A. REAL PROPERTY TAX ABATEMENT. 1. WITHIN A CITY HAVING A  POPU-
LATION  OF  ONE  MILLION OR MORE, ELIGIBLE BUILDINGS CONTAINING ELIGIBLE
PREMISES SHALL RECEIVE AN ABATEMENT OF REAL PROPERTY  TAXES  DURING  THE
BENEFIT PERIOD AS FOLLOWS:
  (A)  FOR  EACH  OF  THE  FIRST  THREE YEARS OF THE BENEFIT PERIOD, THE
ABATEMENT SHALL BE EQUAL TO THE PRODUCT OBTAINED BY:
  (1) MULTIPLYING THE TENANT'S PERCENTAGE SHARE BY THE NUMBER OF  SQUARE
FEET  IN  THE ELIGIBLE BUILDING, AS LISTED ON THE RECORDS OF THE DEPART-
MENT OF FINANCE AND
  (2) MULTIPLYING THE PRODUCT OBTAINED IN SUBPARAGRAPH ONE OF THIS PARA-
GRAPH BY THE ABATEMENT BASE;
  (B) FOR THE FOURTH YEAR OF THE BENEFIT PERIOD, THE ABATEMENT SHALL  BE
EQUAL  TO  TWO-THIRDS  OF THE ABATEMENT IN THE FIRST YEAR OF THE BENEFIT
PERIOD; AND
  (C) FOR THE FIFTH YEAR OF THE BENEFIT PERIOD, THE ABATEMENT  SHALL  BE
EQUAL  TO  ONE-THIRD  OF  THE ABATEMENT IN THE FIRST YEAR OF THE BENEFIT
PERIOD.
  2. IF, AS A RESULT OF APPLICATION TO THE TAX  COMMISSION  OR  A  COURT
ORDER  OR  ACTION  BY  THE  DEPARTMENT OF FINANCE, THE BILLABLE ASSESSED
VALUE IS REDUCED, THE DEPARTMENT OF FINANCE SHALL RECALCULATE THE ABATE-
MENT UTILIZING SUCH REDUCED BILLABLE ASSESSED VALUE. THE AMOUNT EQUAL TO
THE DIFFERENCE BETWEEN THE ABATEMENT ORIGINALLY GRANTED AND  THE  ABATE-
MENT  AS  SO  RECALCULATED  SHALL  BE DEDUCTED FROM ANY REFUND OTHERWISE
PAYABLE OR REMISSION OTHERWISE DUE AS A  RESULT  OF  SUCH  REDUCTION  IN
BILLABLE ASSESSED VALUE, AND ANY BALANCE OF SUCH AMOUNT REMAINING UNPAID
AFTER  MAKING  ANY  SUCH  DEDUCTION  SHALL  BE PAID TO THE DEPARTMENT OF
FINANCE WITHIN THIRTY DAYS FROM THE DATE OF MAILING BY THE DEPARTMENT OF
FINANCE OF A NOTICE OF THE AMOUNT PAYABLE.  SUCH  AMOUNT  PAYABLE  SHALL
CONSTITUTE  A  TAX  LIEN ON THE ELIGIBLE BUILDING AS OF THE DATE OF SUCH
NOTICE AND, IF NOT PAID  WITHIN  SUCH  THIRTY-DAY  PERIOD,  PENALTY  AND
INTEREST  AT  THE  RATE  APPLICABLE TO DELINQUENT TAXES ON SUCH ELIGIBLE
BUILDING SHALL BE CHARGED AND COLLECTED ON SUCH AMOUNT FROM THE DATE  OF
SUCH NOTICE TO THE DATE OF PAYMENT.
  3.  IN  NO EVENT SHALL THE ABATEMENT FOR THE ELIGIBLE PREMISES GRANTED
PURSUANT TO THIS TITLE EXCEED THE TAX LIABILITY ALLOCABLE TO THE  ELIGI-
BLE PREMISES.
  4.  NOTWITHSTANDING  THE  PROVISIONS  OF  ANY  LEASE  FOR OCCUPANCY OF
NON-ELIGIBLE PREMISES IN AN ELIGIBLE BUILDING OR FOR OCCUPANCY OF ELIGI-
BLE PREMISES FOR WHICH NO  CERTIFICATE  OF  ABATEMENT  HAS  BEEN  ISSUED
PURSUANT TO THIS TITLE, A LESSEE OF NON-ELIGIBLE PREMISES OR OF ELIGIBLE
PREMISES  FOR WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT
TO THIS TITLE SHALL NOT BE ENTITLED TO RECEIVE DIRECTLY OR INDIRECTLY  A

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REDUCTION IN EITHER THE REAL PROPERTY TAXES OR ANY RENT (INCLUDING ADDI-
TIONAL  RENT)  PAYABLE PURSUANT TO SUCH LEASE WHERE SUCH REDUCTION WOULD
RESULT FROM AN ABATEMENT OF REAL PROPERTY TAXES GRANTED PURSUANT TO THIS
TITLE.  A  LANDLORD  OF AN ELIGIBLE BUILDING SHALL NOT ALLOCATE, CREDIT,
ASSIGN OR DISBURSE ANY PORTION OF AN ABATEMENT GRANTED PURSUANT TO  THIS
TITLE  TO  A LESSEE OF NON-ELIGIBLE PREMISES OR OF ELIGIBLE PREMISES FOR
WHICH NO CERTIFICATE OF ABATEMENT  HAS  BEEN  ISSUED  PURSUANT  TO  THIS
TITLE.  A  LANDLORD  SHALL  NOT  BE REQUIRED TO REDUCE THE REAL PROPERTY
TAXES OR ANY RENT  (INCLUDING  ADDITIONAL  RENT)  PAYABLE  BY  EXPANSION
TENANTS,  NEW  TENANTS AND RENEWAL TENANTS BY AN AMOUNT THAT EXCEEDS THE
FULL AMOUNT OF THE ABATEMENT GRANTED PURSUANT TO THIS TITLE, BUT A LAND-
LORD SHALL BE REQUIRED TO REDUCE THE REAL PROPERTY  TAXES  OR  ANY  RENT
(INCLUDING  ADDITIONAL  RENT)  PAYABLE BY EXPANSION TENANTS, NEW TENANTS
AND RENEWAL TENANTS BY AN AMOUNT THAT, IN THE AGGREGATE, EQUALS THE FULL
AMOUNT OF THE ABATEMENT GRANTED PURSUANT TO THIS TITLE.  SUCH  REDUCTION
SHALL  BE  ALLOCATED  IN  ACCORDANCE  WITH THE ABATEMENT GRANTED FOR THE
ELIGIBLE PREMISES OCCUPIED BY EACH SUCH TENANT.
  S 496-B.   CREDIT TO TENANT. THE  ABATEMENT  IN  REAL  PROPERTY  TAXES
GRANTED BY THIS TITLE FOR THE PREMISES SHALL BE CREDITED BY THE LANDLORD
AGAINST  THE  PROPORTIONAL AMOUNT OF TAXES CHARGEABLE TO A TENANT IN THE
FORM OF RENT.
  S 496-C. ELIGIBILITY REQUIREMENTS. 1. NO ABATEMENT  SHALL  BE  GRANTED
PURSUANT  TO  THIS  TITLE  UNLESS  THE  LANDLORD IS PARTY TO A LEASE FOR
ELIGIBLE PREMISES WITH A TENANT OR RENEWAL TENANT, THE TERM OF WHICH  IS
FOR A PERIOD OF AT LEAST FIVE YEARS, AND THE TENANT OR RENEWAL TENANT:
  (A)  HAS BEEN CONDUCTING BUSINESS OPERATIONS AND ENGAGING PRIMARILY IN
RETAIL ACTIVITIES, ENTERTAINMENT, OR RESTAURANT SERVICES AT THE ELIGIBLE
PREMISES DURING THE FIVE CONSECUTIVE YEARS PRIOR TO THE  RENT  COMMENCE-
MENT DATE;
  (B)  WILL BE ENGAGED PRIMARILY IN RETAIL ACTIVITIES, ENTERTAINMENT, OR
RESTAURANT SERVICES AT SUCH ELIGIBLE PREMISES; AND
  (C) WHO HAS FEWER  THAN  ONE  HUNDRED  TWENTY-FIVE  EMPLOYEES  IN  THE
INITIAL TAXABLE YEAR FOR WHICH THE CREDIT IS CLAIMED.
  2.  NO  ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE IF AN APPLI-
CANT SHALL FAIL TO MEET ANY OF THE REQUIREMENTS  OF  THIS  TITLE  WITHIN
SIXTY DAYS OF THE RENT COMMENCEMENT DATE.
  3. FOR PURPOSES OF THIS TITLE, THE EXPIRATION DATE OF A LEASE SHALL BE
DETERMINED  BY  THE  EXPIRATION  DATE  SET  FORTH IN SUCH LEASE, WITHOUT
GIVING EFFECT TO ANY RIGHTS OF THE LANDLORD OR THE TENANT  TO  TERMINATE
SUCH LEASE PRIOR TO THE EXPIRATION DATE SET FORTH IN SUCH LEASE.
  4.  THE  LEASE FOR THE ELIGIBLE PREMISES OR AN AMENDMENT THERETO SHALL
CONTAIN THE FOLLOWING PROVISIONS:
  (A) A STATEMENT OF THE TENANT'S PERCENTAGE SHARE;
  (B) A STATEMENT INFORMING THE TENANT IN  AT  LEAST  TWELVE-POINT  TYPE
THAT:
  (1)  AN  APPLICATION  FOR ABATEMENT OF REAL PROPERTY TAXES PURSUANT TO
THIS TITLE WILL BE MADE FOR THE PREMISES;
  (2) THE RENT, INCLUDING AMOUNTS  PAYABLE  BY  THE  TENANT  OR  RENEWAL
TENANT FOR REAL PROPERTY TAXES, WILL ACCURATELY REFLECT ANY ABATEMENT OF
REAL PROPERTY TAXES GRANTED PURSUANT TO THIS TITLE FOR THE PREMISES; AND
  (3) ALL ABATEMENTS GRANTED WITH RESPECT TO A BUILDING PURSUANT TO THIS
TITLE  WILL  BE REVOKED IF, DURING THE BENEFIT PERIOD, REAL ESTATE TAXES
OR WATER OR SEWER CHARGES OR OTHER LIENABLE CHARGES ARE UNPAID FOR  MORE
THAN  ONE  YEAR,  UNLESS SUCH DELINQUENT AMOUNTS ARE PAID AS PROVIDED IN
SUBDIVISION FOUR OF SECTION FOUR HUNDRED NINETY-SIX-F OF THIS TITLE.
  5. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE IF:

A. 9440                             5

  (A) THE LEASE FOR THE  ELIGIBLE  PREMISES  PROVIDES  THAT  DURING  THE
CURRENT  LEASE  TERM  REQUIRED BY SUBDIVISION ONE OF THIS SECTION EITHER
THE LANDLORD OR THE TENANT OR RENEWAL TENANT MAY  TERMINATE  SUCH  LEASE
PRIOR  TO  THE  EXPIRATION  DATE  OF SUCH LEASE TERM; PROVIDED THAT SUCH
LEASE  MAY  PROVIDE THAT EITHER THE LANDLORD OR THE TENANT MAY TERMINATE
SUCH LEASE IF:
  (1) THE OTHER PARTY IS IN DEFAULT OF ANY OF SUCH  PARTY'S  OBLIGATIONS
UNDER THE LEASE,
  (2)  THE  ELIGIBLE  PREMISES ARE DAMAGED OR DESTROYED BY FIRE OR OTHER
CASUALTY,
  (3) THE ELIGIBLE PREMISES ARE RENDERED UNUSABLE  FOR  ANY  REASON  NOT
ATTRIBUTABLE  TO ANY ACT OR FAILURE TO ACT OF EITHER TENANT OR LANDLORD,
OR
  (4) THE ELIGIBLE PREMISES ARE ACQUIRED BY EMINENT DOMAIN; AND
  (B) THERE ARE REAL PROPERTY TAXES, WATER OR  SEWER  CHARGES  OR  OTHER
LIENABLE  CHARGES CURRENTLY DUE AND OWING ON THE ELIGIBLE BUILDING WHICH
IS THE SUBJECT OF AN APPLICATION FOR ABATEMENT PURSUANT TO  THIS  TITLE,
UNLESS  SUCH  REAL PROPERTY TAXES OR CHARGES ARE CURRENTLY BEING PAID IN
TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE  DEPARTMENT
OF FINANCE OR OTHER APPROPRIATE AGENCY.
  6.  NO  ABATEMENT  SHALL  BE GRANTED PURSUANT TO THIS TITLE UNLESS THE
APPLICANT SHALL  FILE,  TOGETHER  WITH  THE  APPLICATION,  AN  AFFIDAVIT
SETTING FORTH THE FOLLOWING INFORMATION:
  (A)  A STATEMENT THAT WITHIN THE SEVEN YEARS IMMEDIATELY PRECEDING THE
DATE OF APPLICATION FOR A CERTIFICATE OF ABATEMENT, NEITHER  THE  APPLI-
CANT NOR ANY PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILD-
ING  AS  DEFINED  IN PARAGRAPH (C) OF THIS SUBDIVISION, NOR ANY OFFICER,
DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR SUCH PERSON WAS  FINALLY
ADJUDICATED  BY  A  COURT  OF  COMPETENT  JURISDICTION  TO HAVE VIOLATED
SECTION TWO HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY  SECTION
OF  ARTICLE  ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR ARSON LAW
OF ANOTHER JURISDICTION WITH RESPECT TO ANY BUILDING, OR WAS AN OFFICER,
DIRECTOR OR GENERAL PARTNER OF A PERSON AT  THE  TIME  SUCH  PERSON  WAS
FINALLY ADJUDICATED TO HAVE VIOLATED ANY SUCH LAW; AND
  (B)  A  STATEMENT SETTING FORTH ANY PENDING CHARGES ALLEGING VIOLATION
OF SECTION TWO HUNDRED THIRTY-FIVE OF  THE  REAL  PROPERTY  LAW  OR  ANY
SECTION  OF  ARTICLE  ONE  HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR
ARSON LAW OF ANOTHER JURISDICTION WITH RESPECT TO ANY  BUILDING  BY  THE
APPLICANT  OR  ANY  PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE
BUILDING AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, OR  ANY  OFFI-
CER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR SUCH PERSON, OR ANY
PERSON FOR WHOM THE APPLICANT OR PERSON OWNING A SUBSTANTIAL INTEREST IN
THE ELIGIBLE BUILDING IS AN OFFICER, DIRECTOR OR GENERAL PARTNER.
  (C)  FOR PURPOSES OF THIS SUBDIVISION AND SUBDIVISION SEVEN OF SECTION
FOUR HUNDRED NINETY-SIX-F OF THIS TITLE,  "SUBSTANTIAL  INTEREST"  SHALL
MEAN  OWNERSHIP  AND CONTROL OF AN INTEREST OF TEN PER CENTUM OR MORE IN
THE ELIGIBLE BUILDING OR IN ANY PERSON OWNING THE ELIGIBLE BUILDING.
  S 496-D. APPLICATION FOR CERTIFICATE OF ABATEMENT. 1. APPLICATION  FOR
A  CERTIFICATE  OF  ABATEMENT MAY BE MADE ON OR AFTER JANUARY FIRST, TWO
THOUSAND TEN AND UNTIL SIXTY DAYS AFTER THE END OF THE ELIGIBILITY PERI-
OD, AND SHALL BE FILED WITH THE DEPARTMENT OF  FINANCE.  NO  APPLICATION
MAY BE FILED PRIOR TO THE DATE ON WHICH THE LEASE FOR THE ELIGIBLE PREM-
ISES IS EXECUTED BY THE LANDLORD AND TENANT.
  2.  NO  ABATEMENT  PURSUANT  TO THIS TITLE SHALL BE GRANTED UNLESS THE
APPLICANT FILES AN APPLICATION FOR A  CERTIFICATE  OF  ABATEMENT  WITHIN

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SIXTY  DAYS  FOLLOWING  THE LEASE COMMENCEMENT DATE OR WITHIN SIXTY DAYS
FOLLOWING THE EFFECTIVE DATE OF THIS TITLE, WHICHEVER IS LATER.
  3.  IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF
FINANCE, THE APPLICATION FOR A CERTIFICATE OF ABATEMENT SHALL INCLUDE AN
ABSTRACT OF THE LEASE FOR THE ELIGIBLE PREMISES FOR WHICH  AN  ABATEMENT
IS BEING SOUGHT WHICH ABSTRACT IS SIGNED BY THE LANDLORD AND THE TENANT.
SUCH  ABSTRACT  SHALL  INCLUDE  THE TENANT'S PERCENTAGE SHARE, THE LEASE
COMMENCEMENT DATE, THE EXPIRATION DATE FOR SUCH LEASE AND A  DESCRIPTION
OF  THE  IMPROVEMENTS TO BE MADE TO THE ELIGIBLE PREMISES AND THE COMMON
AREAS OF THE ELIGIBLE BUILDING, INCLUDING THE ESTIMATED  VALUE  OF  SUCH
IMPROVEMENTS. SUCH APPLICATION SHALL ALSO INCLUDE:
  (A)  A  STATEMENT  OF  THE  NUMBER  OF  PERSONS  WHO WERE, ON THE RENT
COMMENCEMENT DATE, EMPLOYED IN THE ELIGIBLE PREMISES,
  (B) A STATEMENT OF THE LOCATION OF ALL COMMERCIAL OR RETAIL  SPACE  IN
THE  CITY  OF  NEW YORK OCCUPIED BY THE TENANT PRIOR TO THE EXECUTION OF
THE LEASE FOR THE ELIGIBLE PREMISES,
  (C) THE COMMENCEMENT AND EXPIRATION DATES OF ALL LEASES  FOR  PREMISES
IN THE ABATEMENT ZONE USED OR OCCUPIED AS OFFICE OR RETAIL SPACE, AND
  (D)  THE  AGGREGATE FLOOR AREA OF THE ELIGIBLE BUILDING. SUCH APPLICA-
TION SHALL ALSO STATE THAT THE APPLICANT AGREES TO COMPLY  WITH  AND  BE
SUBJECT  TO  THE  RULES  ISSUED  FROM  TIME TO TIME BY THE DEPARTMENT OF
FINANCE.
  4. THE APPLICANT SHALL PROVIDE, IN ADDITION TO ANY  OTHER  INFORMATION
REQUIRED  BY  THE  DEPARTMENT  OF  FINANCE,  EVIDENCE  ACCEPTABLE TO THE
DEPARTMENT OF FINANCE REGARDING THE NUMBER OF EMPLOYEES IN THE  ELIGIBLE
PREMISES.  THE DEPARTMENT OF FINANCE SHALL ISSUE A CERTIFICATE OF ABATE-
MENT UPON DETERMINING THAT THE APPLICANT HAS SUBMITTED PROOF  ACCEPTABLE
TO THE DEPARTMENT OF FINANCE THAT THE APPLICANT HAS MET THE REQUIREMENTS
SET FORTH IN THIS TITLE.
  5.  THE BURDEN OF PROOF SHALL BE ON THE APPLICANT TO SHOW BY CLEAR AND
CONVINCING EVIDENCE THAT THE REQUIREMENTS FOR GRANTING A CERTIFICATE  OF
ABATEMENT  HAVE BEEN SATISFIED. THE DEPARTMENT OF FINANCE SHALL HAVE THE
AUTHORITY TO REQUIRE THAT STATEMENTS IN CONNECTION WITH SUCH APPLICATION
BE MADE UNDER OATH.
  6. THE DEPARTMENT OF FINANCE MAY PROVIDE BY RULE FOR REASONABLE ADMIN-
ISTRATIVE CHARGES OR FEES NECESSARY TO DEFRAY EXPENSES IN  ADMINISTERING
THE ABATEMENT PROGRAM PROVIDED BY THIS TITLE.
  S  496-E.  ENFORCEMENT  AND  ADMINISTRATION. THE DEPARTMENT OF FINANCE
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:
  1. TO RECEIVE AND REVIEW APPLICATIONS FOR  CERTIFICATES  OF  ABATEMENT
UNDER  THIS  TITLE AND ISSUE SUCH CERTIFICATES WHERE AUTHORIZED PURSUANT
TO THIS TITLE.
  2. TO RECEIVE EVIDENCE OF PREMISES AND BUILDING ELIGIBILITY.
  3. TO RECEIVE ALL CERTIFICATES OF CONTINUING ELIGIBILITY  REQUIRED  BY
SECTION FOUR HUNDRED NINETY-SIX-F OF THIS TITLE.
  4.  TO COLLECT ALL REAL PROPERTY TAXES, WITH INTEREST AND PENALTY, DUE
AND OWING AS A RESULT OF REDUCTION, TERMINATION  OR  REVOCATION  OF  ANY
ABATEMENT GRANTED PURSUANT TO THIS TITLE.
  5.  TO  MAKE  AND  PROMULGATE  RULES TO CARRY OUT THE PURPOSES OF THIS
TITLE.
  S 496-F. REPORTING REQUIREMENTS; REVOCATION OF ABATEMENTS. 1. FOR  THE
DURATION  OF  THE  APPLICANT'S  BENEFIT PERIOD, THE APPLICANT SHALL FILE
ANNUALLY WITH THE DEPARTMENT OF FINANCE, ON OR BEFORE JULY FIRST OF EACH
YEAR, A CERTIFICATE OF CONTINUING ELIGIBILITY CONFIRMING THAT THE ELIGI-

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BLE PREMISES ARE OCCUPIED BY THE  TENANT  WHO  ORIGINALLY  EXECUTED  THE
LEASE  AND  THAT  THE  ELIGIBLE PREMISES ARE BEING USED FOR THE PURPOSES
DESCRIBED IN THE APPLICATION. SUCH CERTIFICATE OF CONTINUING ELIGIBILITY
SHALL  BE  ON  A  FORM PRESCRIBED BY THE DEPARTMENT OF FINANCE AND SHALL
CONTAIN SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT OF  FINANCE  SHALL
REQUIRE. THE DEPARTMENT OF FINANCE SHALL HAVE THE AUTHORITY TO DETERMINE
THE  ABATEMENTS GRANTED PURSUANT TO THIS TITLE UPON FAILURE OF AN APPLI-
CANT TO FILE SUCH CERTIFICATE BY SUCH DATE. THE BURDEN OF PROOF SHALL BE
ON THE APPLICANT TO ESTABLISH CONTINUING ELIGIBILITY  FOR  BENEFITS  AND
THE  DEPARTMENT  OF  FINANCE  SHALL  HAVE  THE AUTHORITY TO REQUIRE THAT
STATEMENTS MADE IN SUCH CERTIFICATE SHALL BE MADE UNDER OATH.
  2. THE DEPARTMENT OF FINANCE SHALL REVOKE ANY ABATEMENT GRANTED PURSU-
ANT TO THIS TITLE WHEN THE TENANT WHO ORIGINALLY EXECUTED THE  LEASE  IS
NO  LONGER  OCCUPYING  THE  ELIGIBLE  PREMISES. SUCH REVOCATION SHALL BE
RETROACTIVE TO THE DATE THAT SUCH TENANT VACATED THE  ELIGIBLE  PREMISES
AND  THE  DEPARTMENT  OF FINANCE SHALL REQUIRE THE LANDLORD TO PAY, WITH
INTEREST, ANY TAXES WHICH BECOME PAYABLE AS A RESULT OF SUCH REVOCATION.
THE LANDLORD SHALL NOTIFY THE DEPARTMENT OF FINANCE WITHIN  THIRTY  DAYS
FOLLOWING  THE  DATE  ON WHICH SUCH TENANT VACATED THE ELIGIBLE PREMISES
AND, FOR FAILURE TO COMPLY WITH THIS NOTIFICATION REQUIREMENT, SHALL  BE
LIABLE  FOR PENALTY CALCULATED FOR THE SAME PERIOD AS INTEREST IS CALCU-
LATED PURSUANT TO THE PRECEDING SENTENCE.
  3. IF ANY PORTION OF THE PREMISES FOR  WHICH  AN  ABATEMENT  HAS  BEEN
GRANTED PURSUANT TO THIS TITLE CEASES TO BE OCCUPIED OR USED AS ELIGIBLE
PREMISES  OR IS OCCUPIED BY A SUBTENANT, THE DEPARTMENT OF FINANCE SHALL
REDUCE THE ABATEMENT GRANTED PURSUANT TO THIS TITLE BY AN  AMOUNT  EQUAL
TO THE PERCENTAGE OF SUCH ELIGIBLE PREMISES WHICH HAS CEASED TO BE OCCU-
PIED  OR  USED AS ELIGIBLE PREMISES OR IS OCCUPIED BY A SUBTENANT.  SUCH
REDUCTION SHALL BE RETROACTIVE TO THE DATE THAT SUCH PREMISES CEASED  TO
BE OCCUPIED OR USED AS ELIGIBLE PREMISES OR WAS OCCUPIED BY A SUBTENANT,
AND  THE  DEPARTMENT  OF FINANCE SHALL REQUIRE THE LANDLORD TO PAY, WITH
INTEREST, ANY TAXES WHICH BECOME PAYABLE AS A RESULT OF SUCH  REDUCTION.
THE  LANDLORD  SHALL NOTIFY THE DEPARTMENT OF FINANCE WITHIN THIRTY DAYS
FOLLOWING THE DATE ON WHICH THE PREMISES CEASED TO BE OCCUPIED  OR  USED
AS  ELIGIBLE PREMISES OR WAS OCCUPIED BY A SUBTENANT AND, FOR FAILURE TO
COMPLY WITH THIS NOTIFICATION REQUIREMENT, SHALL BE LIABLE  FOR  PENALTY
CALCULATED  FOR  THE  SAME  PERIOD AS INTEREST IS CALCULATED PURSUANT TO
THIS SUBDIVISION.
  4. IF, DURING THE BENEFIT PERIOD, ANY REAL PROPERTY TAX  OR  WATER  OR
SEWER CHARGE OR OTHER LIENABLE CHARGE DUE AND PAYABLE WITH RESPECT TO AN
ELIGIBLE  BUILDING  SHALL  REMAIN UNPAID FOR AT LEAST ONE YEAR FOLLOWING
THE DATE UPON WHICH SUCH TAX OR  CHARGE  BECAME  DUE  AND  PAYABLE,  ALL
ABATEMENTS  GRANTED PURSUANT TO THIS TITLE WITH RESPECT TO SUCH BUILDING
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 BUILDING 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 TAXES WHICH
BECOME DUE AND PAYABLE FOLLOWING THE DATE OF SUCH REVOCATION.
  5.  THE  DEPARTMENT OF FINANCE MAY DENY, REDUCE, SUSPEND, TERMINATE OR
REVOKE ANY ABATEMENT GRANTED PURSUANT TO THIS TITLE WHENEVER:

A. 9440                             8

  (A) THE LANDLORD OR THE TENANT RECEIVING ABATEMENT  PURSUANT  TO  THIS
TITLE  FAILS  TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE OR THE RULES
PROMULGATED HEREUNDER; OR
  (B) AN APPLICATION, CERTIFICATE, REPORT OR OTHER DOCUMENT SUBMITTED BY
THE  APPLICANT CONTAINS A FALSE OR MISLEADING STATEMENT AS TO A MATERIAL
FACT OR OMITS TO STATE ANY MATERIAL FACT NECESSARY IN ORDER TO MAKE  THE
STATEMENT THEREIN NOT FALSE OR MISLEADING, AND MAY DECLARE ANY APPLICANT
WHO  MAKES SUCH FALSE OR MISLEADING STATEMENT OR OMISSION TO BE INELIGI-
BLE FOR FUTURE ABATEMENT PURSUANT TO THIS TITLE FOR THE  SAME  OR  OTHER
PROPERTY.  IN  ADDITION,  THE  DEPARTMENT  OF  FINANCE SHALL REQUIRE THE
APPLICANT TO PAY, WITH PENALTY  AND  INTEREST,  ANY  ABATEMENT  RECEIVED
PURSUANT TO THIS TITLE AS A RESULT OF SUCH FALSE OR MISLEADING STATEMENT
OR OMISSION OF A MATERIAL FACT.
  6.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS TITLE, THE DEPARTMENT
OF FINANCE SHALL DENY, TERMINATE OR REVOKE ANY ABATEMENT APPLIED FOR  OR
GRANTED  PURSUANT  TO  THIS  TITLE  UPON  A DETERMINATION THAT THE LEASE
BETWEEN THE LANDLORD AND THE TENANT WAS ENTERED INTO PRIMARILY  FOR  THE
PURPOSE  OF  RECEIVING  AN  ABATEMENT  UNDER  THIS TITLE. IN MAKING SUCH
DETERMINATION, THE DEPARTMENT  OF  FINANCE  MAY  CONSIDER,  AMONG  OTHER
FACTORS,  THE  RELATIONSHIP, IF ANY, BETWEEN THE LANDLORD AND THE TENANT
AND WHETHER THE BUSINESS TERMS OF SUCH LEASE  ARE  CONSISTENT  WITH  THE
BUSINESS TERMS GENERALLY FOUND IN LEASES FOR COMPARABLE SPACE.
  7.  (A) IF ANY PERSON DESCRIBED IN THE STATEMENT REQUIRED BY PARAGRAPH
(B) OF SUBDIVISION SIX OF SECTION  FOUR  HUNDRED  NINETY-SIX-C  OF  THIS
TITLE  OR  PARAGRAPH (B) OF THIS SUBDIVISION IS FINALLY ADJUDICATED BY A
COURT OF COMPETENT JURISDICTION TO BE GUILTY OF  ANY  CHARGE  LISTED  IN
SUCH  STATEMENT,  THE  DEPARTMENT  OF FINANCE SHALL REVOKE THE ABATEMENT
GRANTED PURSUANT TO THIS TITLE  AND  SHALL  REQUIRE  THE  PAYMENT,  WITH
INTEREST, OF ANY ABATEMENT RECEIVED PURSUANT TO THIS TITLE.
  (B) THE APPLICANT SHALL, ON THE CERTIFICATE OF CONTINUING ELIGIBILITY,
STATE  WHETHER  ANY  CHARGES  ALLEGING VIOLATION BY THE APPLICANT OR ANY
PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE  BUILDING,  OR  ANY
OFFICER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR PERSON OWNING A
SUBSTANTIAL  INTEREST  IN  THE ELIGIBLE BUILDING, OR ANY PERSON FOR WHOM
THE APPLICANT OR PERSON OWNING A SUBSTANTIAL INTEREST  IN  THE  ELIGIBLE
BUILDING  IS  AN  OFFICER,  DIRECTOR  OR GENERAL PARTNER, OF SECTION TWO
HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY SECTION  OF  ARTICLE
ONE  HUNDRED  FIFTY OF THE PENAL LAW OR ANY SIMILAR ARSON LAW OF ANOTHER
JURISDICTION, ARE PENDING. FOR PURPOSES OF THIS PARAGRAPH,  "SUBSTANTIAL
INTEREST"  SHALL  HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (C) OF
SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-SIX-C OF THIS TITLE.
  S 496-G. TAX LIEN; INTEREST AND PENALTY.  ALL  TAXES,  WITH  INTEREST,
REQUIRED  TO  BE PAID RETROACTIVELY PURSUANT TO THIS TITLE SHALL CONSTI-
TUTE A TAX LIEN AS OF THE DATE IT IS DETERMINED SUCH TAXES AND  INTEREST
ARE OWED. ALL INTEREST SHALL BE CALCULATED FROM THE DATE THE TAXES WOULD
HAVE  BEEN  DUE  BUT FOR THE ABATEMENT GRANTED PURSUANT TO THIS TITLE AT
THE APPLICABLE RATE OR RATES OF INTEREST IMPOSED BY SUCH CITY  GENERALLY
FOR NON-PAYMENT OF REAL PROPERTY TAX WITH RESPECT TO THE ELIGIBLE BUILD-
ING  FOR THE PERIOD IN QUESTION. WHEN A PROVISION OF THIS TITLE REQUIRES
THE PAYMENT OF A PENALTY IN ADDITION TO INTEREST,  THE  AMOUNT  OF  SUCH
PENALTY  SHALL  BE  EQUAL TO THE AMOUNT OF INTEREST THAT WOULD HAVE BEEN
PAYABLE PURSUANT TO SUCH PROVISION HAD SUCH INTEREST BEEN CALCULATED  AT
THE RATE OF THREE PERCENT PER ANNUM.
  S  496-H. CONFIDENTIALITY. 1. EXCEPT IN ACCORDANCE WITH A PROPER JUDI-
CIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, IT SHALL BE UNLAWFUL FOR THE
COMMISSIONER OF FINANCE, ANY OFFICER OR EMPLOYEE OF  THE  DEPARTMENT  OF

A. 9440                             9

FINANCE,  THE PRESIDENT OR A COMMISSIONER OR EMPLOYEE OF THE TAX COMMIS-
SION, ANY PERSON ENGAGED OR RETAINED BY SUCH DEPARTMENT OR SUCH  COMMIS-
SION  ON  AN  INDEPENDENT CONTRACT BASIS, OR ANY PERSON WHO, PURSUANT TO
THIS  TITLE,  IS  PERMITTED  TO  INSPECT ANY INFORMATION SUBMITTED BY AN
APPLICANT TO THE DEPARTMENT OF FINANCE PURSUANT TO THIS TITLE OR TO WHOM
A COPY, AN ABSTRACT OR A PORTION OF ANY SUCH INFORMATION  IS  FURNISHED,
TO  DIVULGE  OR  MAKE  KNOWN  IN  ANY MANNER ANY SUCH INFORMATION TO ANY
PERSON NOT AUTHORIZED PURSUANT TO THIS TITLE TO  INSPECT  SUCH  INFORMA-
TION. THE OFFICERS CHARGED WITH CUSTODY OF SUCH INFORMATION SHALL NOT BE
REQUIRED TO PRODUCE ANY OF IT OR EVIDENCE OF ANYTHING CONTAINED IN IT IN
ANY  ACTION  OR  PROCEEDING IN ANY COURT EXCEPT ON BEHALF OF THE COMMIS-
SIONER OF FINANCE IN AN ACTION OR PROCEEDING  UNDER  THE  PROVISIONS  OF
THIS  TITLE, OR ON BEHALF OF ANY PARTY TO ANY ACTION OR PROCEEDING UNDER
THE PROVISIONS OF THIS TITLE WHEN SUCH INFORMATION OR FACTS SHOWN THERE-
BY  ARE DIRECTLY INVOLVED IN SUCH ACTION OR  PROCEEDING,  IN  EITHER  OF
WHICH  EVENTS  THE COURT MAY REQUIRE THE PRODUCTION OF, AND MAY ADMIT IN
EVIDENCE SO MUCH OF SUCH INFORMATION OR OF THE FACTS SHOWN  THEREBY,  AS
ARE  PERTINENT  TO  THE ACTION OR PROCEEDING AND NO MORE. NOTHING HEREIN
SHALL BE CONSTRUED TO PROHIBIT THE INSPECTION  BY  THE  LEGAL  REPRESEN-
TATIVES  OF  THE  DEPARTMENT  OF  FINANCE  OR THE TAX COMMISSION OF SUCH
INFORMATION SUBMITTED BY ANY APPLICANT WHO  SHALL  BRING  AN  ACTION  TO
CORRECT  AN  ASSESSMENT.   NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT
THE DELIVERY TO AN APPLICANT OR THE APPLICANT'S DULY  AUTHORIZED  REPRE-
SENTATIVE  OF A CERTIFIED COPY OF ANY INFORMATION SUBMITTED BY AN APPLI-
CANT TO THE DEPARTMENT OF FINANCE PURSUANT TO  THIS  TITLE;  OR  TO  ANY
AGENCY  OR ANY DEPARTMENT OF ANY CITY HAVING A POPULATION OF ONE MILLION
OR MORE PROVIDED THE SAME IS REQUESTED FOR  OFFICIAL  BUSINESS;  NOR  TO
PROHIBIT THE INSPECTION FOR OFFICIAL BUSINESS OF SUCH INFORMATION BY THE
CORPORATION  COUNSEL  OR  OTHER LEGAL REPRESENTATIVES OF A CITY HAVING A
POPULATION  OF ONE MILLION OR MORE OR BY THE DISTRICT  ATTORNEY  OF  ANY
COUNTY  WITHIN  SUCH CITY; NOR TO PROHIBIT THE PUBLICATION OF STATISTICS
SO CLASSIFIED AS TO PREVENT THE IDENTIFICATION OF  SUCH  INFORMATION  OR
PARTICULAR  ITEMS  THEREOF. INFORMATION SUBMITTED BY AN APPLICANT TO THE
DEPARTMENT OF FINANCE PURSUANT TO THIS TITLE SHALL  NOT  BE  SUBJECT  TO
DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  2.  ANY VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
SHALL BE PUNISHED BY A FINE NOT EXCEEDING ONE  THOUSAND  DOLLARS  OR  BY
IMPRISONMENT  NOT  EXCEEDING ONE YEAR, OR BOTH, AT THE DISCRETION OF THE
COURT, AND IF THE OFFENDER BE AN OFFICER OR EMPLOYEE OF  THE  DEPARTMENT
OF  FINANCE  OR  OF  THE TAX COMMISSION, THE OFFENDER SHALL BE DISMISSED
FROM OFFICE.
  S 2. This act shall take effect immediately, provided  that  this  act
shall be deemed to have been in full force and effect on and after Janu-
ary 1, 2010. Any actions, including the promulgation of rules, necessary
to  carry out the purposes of this act may be taken before the date this
act shall have become a law, provided that such  rules  shall  not  take
effect  before the effective date of this act, and provided further that
such rules, if necessary to carry out the purposes of this act,  may  be
made  retroactive to and deemed to have been in full force and effect on
and after January 1, 2010.