Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 499-EEE
Revocation of tax abatement
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 4, TITLE 4-B
§ 499-eee. Revocation of tax abatement. 1. The department of finance
shall revoke, in whole or in part, any tax abatement granted pursuant to
this title whenever a designated agency has determined and notified the
department of finance that:

(a) an applicant has failed to comply with a requirement of this title
or any rule promulgated hereunder at any time during the compliance
period, including without limitation any of the continuing requirements
set forth in subdivision one of section four hundred ninety-nine-ddd of
this title;

(b) an eligible building has not been in compliance during all or part
of the compliance period with any requirement of this title or any rule
promulgated hereunder;

(c) the green roof for which a tax abatement was granted has at any
time during the compliance period failed to meet any requirement for a
green roof pursuant to this title or any rule promulgated hereunder;

(d) the green roof has become a fire or safety hazard at any time
during the compliance period; or

(e) an application, certification, 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.

2. The department of finance may revoke, in whole or in part, any tax
abatement granted pursuant to this title whenever it has determined that
an applicant has failed to comply with the continuing requirement set
forth in subdivision two of section four hundred ninety-nine-ddd of this
title.

3. Where it has been determined by a designated agency, after notice
to and an opportunity to be heard by the entity receiving the tax
rebate, that a situation described in any of the provisions of
subdivision one of this section has occurred, such designated agency
shall so notify the department of finance no later than the ninetieth
day after the last day of the compliance period.

4. An applicant shall pay, with interest, such part of any tax
abatement received pursuant to this title that represents the period of
non-compliance as determined by the designated agency or the department
of finance, as the case may be. In addition, a designated agency may
declare any applicant ineligible for future tax abatement pursuant to
this title if any application, certification, 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.