(a) An owner of real property may claim an abatement of the taxes thereon based on rent exemptions, pursuant to § 467-b of the Real Property Tax Law and subdivision (m) of § 26-405 of the Administrative Code of The City of New York, as amended, whether or not a maximum base rent order has been issued for such property.
(b) A claim for abatement of taxes pursuant to these Regulations shall inure to and devolve upon the real property affected.
(a) A claim for abatement of taxes shall be made by an owner by filing with the Department of Finance a certification in writing, on forms provided by the Department of Housing, Preservation and Development of The City of New York, showing that the owner is entitled to such abatement, and containing the following information: block and lot number of the property, monthly rent without exemption, monthly rent with exemption, the exemption for each month, the total abatement for the period for which abatement is claimed, adjustments if any, and such other information as is directly related to the rent exemption or tax abatement.
(b) True copies of such certification shall also be filed with the Department of Housing, Preservation and Development and with the tenant at the time that the original certification is filed with the Department of Finance.
(c) Such certification shall continue to be made each period by an owner claiming tax abatement until such time as the Department of Housing, Preservation and Development is able to provide information on a quarterly basis showing the quarterly rent losses of such owner attributable to rent exemptions.
(a) The periods in which abatements will be recognized by the Department of Finance are as follows:
In or after the following month (see subdivision (b) below): | For the following rent exemption period: |
August 1973 | Calendar year 1972 |
October 1973 | First 3 quarters 1973 |
January 1974 | 4th quarter 1973 |
April 1974 | 1st quarter 1974 |
August 1974 | 2nd quarter 1974 |
October 1974 | 3rd quarter 1974 |
January 1975 | 4th quarter 1974 |
For rent exemption periods after 1974, the dates of recognizing abatements will correspond to those for 1974 rent exemption periods, with only the respective years changed.
(b) Notwithstanding the recognition of a claim for abatement of taxes, any such claim made after the respective 30-day grace period provided by law for the payment of taxes without penalty will not affect previously incurred statutory penalties imposed by law for tax delinquency.
(a) A claim for tax abatement will be recognized by the Department of Finance after receipt by it, in person or by mail, for each period, of
(1) a properly completed certification for each tenant, as above described, for such period,
(2) if there is more than one certification, a tabulation showing the total abatement claimed for all eligible tenants for such period,
(3) the quarterly real estate tax bill, and
(4) remittance of the balance of tax, if any, then payable.
(b) Tax abatement pursuant to these Regulations shall be in addition to any other tax abatement authorized by law, but shall not reduce the tax for any fiscal year below zero.
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