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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.
Notwithstanding the provisions of this chapter, a tenant who resides in a dwelling unit which becomes subject to this chapter upon the sale by the city of New York of the building in which such dwelling unit is situated may be issued a rent increase exemption order for increases in rent which occurred during ownership of such building by the city of New York provided that such tenant would have been otherwise eligible to receive a rent increase exemption order at the time of such increase but for the fact that such tenant occupied a dwelling unit owned by the city of New York and was therefore not subject to this chapter. Application for such rent increase exemption orders shall be made within one year from the date such building is sold by the city of New York or within one year of the effective date of this provision, whichever is later.
Notwithstanding any inconsistent provision of law, whenever a rent increase exemption order/tax abatement certificate is issued to an eligible head of the household residing in a dwelling unit owned by a housing company which is subject to the provisions of article II, IV, V or XI of the private housing finance law entitling such eligible person to an exemption from an increase in maximum rent attributable to a capital assessment or voluntary capital contribution made prior to, on or after the effective date of this section and such person later transfers his shares in such housing company, such person shall be required to pay over to such housing company, or such housing company shall be entitled to deduct from the amount to be paid to such person for the sale of such shares, all amounts covered by such rent increase exemption order/tax abatement certificate which are attributable to such capital assessment or voluntary capital contribution. Such housing company shall not approve the transfer of shares unless it has received the payment required by the preceding sentence or made the deduction therein authorized. Such housing company shall remit such amount to the commissioner of finance within ninety days of the collection thereof. Payments due to the city in accordance with this section shall be deemed a tax lien and may be enforced in any manner authorized for the collection of delinquent taxes on real property.
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