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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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