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The effective date of a rent increase exemption order/tax abatement certificate shall be the date of the first increase in maximum rent becoming effective after the applicant's eligibility date, except that in no event shall a rent increase exemption order/tax abatement certificate become effective prior to January first, nineteen hundred seventy-six.
Upon receipt of a copy of a rent increase exemption order/tax abatement certificate, the housing company managing the dwelling unit or the landlord of the dwelling unit within an applicable battery park city property of the eligible head of the household shall promptly accord to the eligible head of the household covered by such order / certificate the appropriate credit against the monthly maximum rent then and thereafter payable. To the extent the full amount of such credit has not been accorded for any past period since the effective date specified in the order / certificate, the housing company or landlord shall credit the total aggregate amount not so credited to the monthly maximum rent next payable or to such subsequent monthly maximum rents, as the supervising agency may authorize. It shall be illegal to collect any amount for which a rent increase exemption order / tax abatement certificate provides credit or to withhold credit for any such amounts already collected, and collection or retention of any such amount for a dwelling unit occupied by such eligible head of the household shall be deemed a rent overcharge, and upon conviction therefor the housing company and its directors and any employee and any agent responsible therefor or the landlord and any employee and any agent responsible therefor shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars or imprisonment not to exceed six months, or both.
(Am. L.L. 2023/109, 7/23/2023, retro. eff. 12/15/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/109.
In order to obtain the benefits to which it is entitled under this chapter, a housing company or landlord of an applicable battery park city property must file with the department of finance a sworn application, in such form as such department may prescribe, for any period in which the housing company or landlord has accorded an eligible head of the household an exemption hereunder from the payment of the maximum rent. Subject to prior or subsequent verification thereof, the department of finance shall credit the total amount of such exemptions actually accorded to occupants of dwelling units contained in the property against the real property taxes or PILOT next payable with respect to the property, on a prospective basis only. The housing company or landlord shall attach to such application copies of all rent increase exemption orders/tax abatement certificates issued to eligible heads of the household residing in dwelling units in such real property.
(Am. L.L. 2023/109, 7/23/2023, retro. eff. 12/15/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/109.
If a subsequent audit of taxes payable and exemptions recognized pursuant to this chapter discloses that an exemption previously recognized on the basis of a housing company's verified application is excessive, the amount of tax payable by reason of such disclosure and the statutory penalty thereon, shall be a lien upon the property as of the due date of the tax for which the excessive exemption was claimed, unless after the housing company has filed the tax exemption claims, the supervising agency issues a corrected rent increase exemption order/tax abatement certificate retroactively modifying or revoking the rent increase exemption order/tax abatement certificate based on error in the personal or financial data in the application or based on error in the rent calculation not due to any willful fault of the housing company, in which case the amount of tax payable by reason of the disclosure shall be a lien upon the property as of the date for payment of taxes next following certification of such corrected order by the supervising agency.
It shall be illegal, for any person submitting an application for a rent increase exemption / tax abatement pursuant to this chapter, to make any false statement or willful misrepresentation of fact, and upon conviction thereof such applicant shall be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars or imprisonment not to exceed ninety days, or both.
(Am. L.L. 2023/109, 7/23/2023, retro. eff. 12/15/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/109.
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