N.Y. Real Property Tax Law § 467-a: Partial tax abatement for residential real property held in the cooperative or condominium form of ownership in a city having a populatio...

§ 467-a. Partial tax abatement for residential real property held in

the cooperative or condominium form of ownership in a city having a

population of one million or more. 1. Definitions. As used in this

section:

(a) "Applicant" means the board of managers of a condominium or the

board of directors of a cooperative apartment corporation, provided

that, in addition, the commissioner of finance shall by rule designate

the owner of a dwelling unit (the "unit owner") or shareholder of the

corporation having the proprietary lease for an apartment (a

"shareholder") as an applicant for the limited purpose of submitting

information to verify the primary residence of the unit owner or

shareholder.

(b) "Average unit assessed value" means the residential proportion of

a property multiplied by the total assessed value of the property

divided by the number of dwelling units therein on the applicable

taxable status date for the fiscal year for which an application is made

for partial abatement of real property taxes pursuant to this section.

(c) "Billable assessed value" means the lesser of the taxable

transitional assessed value, as computed pursuant to subdivision three

of section eighteen hundred five of this chapter, or taxable assessed

value of a property.

(d) "Commissioner of finance" means the commissioner of finance of a

city having a population of one million or more, or his or her designee.

(e) "Dwelling unit" means a unit used primarily for residential

purposes and not primarily for professional or commercial purposes.

(f) "Property" means real property designated as class two, pursuant

to section eighteen hundred two of this chapter, held in the cooperative

or condominium form of ownership.

(g) "Residential proportion" of a property held in the cooperative

form of ownership means the percentage of shares of the cooperative

apartment corporation allocated to dwelling units. "Residential

proportion" of a property held in the condominium form of ownership

means the percentage of common interest allocated to dwelling units.

(h) "Sponsors" means persons or business entities who make or take

part in a public offering or sale of securities consisting primarily of

shares or investments in real estate, including condominium units and

other cooperative interests in realty. Sponsors shall be deemed to

include successors who succeed to the rights and assume the obligations

of sponsors.

(i) "Prevailing wage" means the rate of wages and supplemental

benefits paid in the locality to workers in the same trade or occupation

and annually determined by the fiscal officer in accordance with the

provisions of section two hundred thirty-four of the labor law.

(j) "Qualified property" means (i) a property with an average unit

assessed value of less than or equal to sixty thousand dollars; or (ii)

a property with an average unit assessed value of more than sixty

thousand dollars and less than or equal to one hundred thousand dollars,

and less than thirty dwelling units; or (iii) a property with respect to

which an applicant has submitted an affidavit certifying that all

building service employees employed or to be employed at the property

shall receive the applicable prevailing wage for the duration of such

property's tax abatement.

(k) "Building service employee" means any person who is regularly

employed at a building who performs work in connection with the care or

maintenance of such building. "Building service employee" includes, but

is not limited to, watchman, guard, doorman, building cleaner, porter,

handyman, janitor, gardener, groundskeeper, elevator operator and

starter, and window cleaner, but shall not include persons regularly

scheduled to work fewer than eight hours per week in the building.

(l) "Fiscal officer" means the comptroller of the city of New York.

2. (a) In a city having a population of one million or more, dwelling

units owned by unit owners who, as of the applicable taxable status

date, own no more than three dwelling units in any one property held in

the condominium form of ownership, shall be eligible to receive a

partial abatement of real property taxes, as set forth in paragraphs

(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this

subdivision; provided, however, that a property held in the condominium

form of ownership that is receiving complete or partial real property

tax exemption or tax abatement pursuant to any other provision of this

chapter or any other state or local law, except as provided in paragraph

(f) of this subdivision, shall not be eligible to receive a partial

abatement pursuant to this section; and provided, further, that sponsors

shall not be eligible to receive a partial abatement pursuant to this

section; and provided, further, that in the fiscal years commencing in

calendar years two thousand twelve through two thousand twenty-six no

more than a maximum of three dwelling units owned by any unit owner in a

single building, one of which must be the primary residence of such unit

owner, shall be eligible to receive a partial abatement pursuant to

paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdivision.

(b) In a city having a population of one million or more, dwelling

units owned by tenant-stockholders who, as of the applicable taxable

status date, own no more than three dwelling units in any one property

held in the cooperative form of ownership, shall be eligible to receive

a partial abatement of real property taxes, as set forth in paragraphs

(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this

subdivision; provided, however, that a property held in the cooperative

form of ownership that is receiving complete or partial real property

tax exemption or tax abatement pursuant to any other provision of this

chapter or any other state or local law, except as provided in paragraph

(f) of this subdivision, shall not be eligible to receive a partial

abatement pursuant to this section; and provided, further, that sponsors

shall not be eligible to receive a partial abatement pursuant to this

section; and provided, further, that in the fiscal years commencing in

calendar years two thousand twelve through two thousand twenty-six no

more than a maximum of three dwelling units owned by any

tenant-stockholder in a single building, one of which must be the

primary residence of such tenant-stockholder, shall be eligible to

receive a partial abatement pursuant to paragraphs (d-1), (d-2), (d-3)

and (d-4) of this subdivision. For purposes of this section, a

tenant-stockholder of a cooperative apartment corporation shall be

deemed to own the dwelling unit which is represented by his or her

shares of stock in such corporation. Any abatement so granted shall be

credited by the appropriate taxing authority against the tax due on the

property as a whole. The reduction in real property taxes received

thereby shall be credited by the cooperative apartment corporation

against the amount of such taxes attributable to eligible dwelling units

at the time of receipt.

(b-1) Notwithstanding any other provision of law to the contrary, the

provisions of this section shall apply to any dwelling unit held in

trust solely for the benefit of a person or persons who would otherwise

be eligible for an abatement, pursuant to this section, were such person

or persons the owner or owners of such dwelling unit.

(c) Eligible dwelling units in property whose average unit assessed

value is less than or equal to fifteen thousand dollars shall receive a

partial abatement of the real property taxes attributable to or due on

such dwelling units, as follows:

(i) not to exceed four percent in the fiscal year commencing in

calendar year nineteen hundred ninety-six;

(ii) sixteen percent in the fiscal year commencing in calendar year

nineteen hundred ninety-seven;

(iii) twenty-five percent in the fiscal year commencing in calendar

year nineteen hundred ninety-eight;

(iv) twenty-five percent in the fiscal year commencing in calendar

year nineteen hundred ninety-nine;

(v) twenty-five percent in the fiscal year commencing in calendar year

two thousand;

(vi) twenty-five percent in the fiscal year commencing in calendar

year two thousand one;

(vii) twenty-five percent in the fiscal year commencing in calendar

year two thousand two;

(viii) twenty-five percent in the fiscal year commencing in calendar

year two thousand three;

(ix) twenty-five percent in the fiscal year commencing in calendar

year two thousand four;

(x) twenty-five percent in the fiscal year commencing in calendar year

two thousand five;

(xi) twenty-five percent in the fiscal year commencing in calendar

year two thousand six;

(xii) twenty-five percent in the fiscal year commencing in calendar

year two thousand seven;

(xiii) twenty-five percent in the fiscal year commencing in calendar

year two thousand eight;

(xiv) twenty-five percent in the fiscal year commencing in calendar

year two thousand nine;

(xv) twenty-five percent in the fiscal year commencing in calendar

year two thousand ten;

(xvi) twenty-five percent in the fiscal year commencing in calendar

year two thousand eleven.

(d) Eligible dwelling units in property whose average unit assessed

value is greater than fifteen thousand dollars shall receive a partial

abatement of the real property taxes attributable to or due on such

dwelling units, as follows:

(i) not to exceed two and three-quarters percent in the fiscal year

commencing in calendar year nineteen hundred ninety-six;

(ii) ten and three-quarters percent in the fiscal year commencing in

calendar year nineteen hundred ninety-seven;

(iii) seventeen and one-half percent in the fiscal year commencing in

calendar year nineteen hundred ninety-eight;

(iv) seventeen and one-half percent in the fiscal year commencing in

calendar year nineteen hundred ninety-nine;

(v) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand;

(vi) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand one;

(vii) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand two;

(viii) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand three;

(ix) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand four;

(x) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand five;

(xi) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand six;

(xii) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand seven;

(xiii) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand eight;

(xiv) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand nine;

(xv) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand ten;

(xvi) seventeen and one-half percent in the fiscal year commencing in

calendar year two thousand eleven.

(d-1) In the fiscal years commencing in calendar years two thousand

twelve, two thousand thirteen and two thousand fourteen, eligible

dwelling units in property whose average unit assessed value is less

than or equal to fifty thousand dollars shall receive a partial

abatement of the real property taxes attributable to or due on such

dwelling units of twenty-five percent, twenty-six and one-half percent

and twenty-eight and one-tenth percent respectively. In the fiscal years

commencing in calendar years two thousand fifteen through two thousand

twenty-six eligible dwelling units in property whose average unit

assessed value is less than or equal to fifty thousand dollars shall

receive a partial abatement of the real property taxes attributable to

or due on such dwelling units of twenty-eight and one-tenth percent.

(d-2) In the fiscal years commencing in calendar years two thousand

twelve, two thousand thirteen and two thousand fourteen, eligible

dwelling units in property whose average unit assessed value is more

than fifty thousand dollars, but less than or equal to fifty-five

thousand dollars, shall receive a partial abatement of the real property

taxes attributable to or due on such dwelling units of twenty-two and

one-half percent, twenty-three and eight-tenths percent and twenty-five

and two-tenths percent respectively. In the fiscal years commencing in

calendar years two thousand fifteen through two thousand twenty-six

eligible dwelling units in property whose average unit assessed value is

more than fifty thousand dollars, but less than or equal to fifty-five

thousand dollars, shall receive a partial abatement of the real property

taxes attributable to or due on such dwelling units of twenty-five and

two-tenths percent.

(d-3) In the fiscal years commencing in calendar years two thousand

twelve, two thousand thirteen and two thousand fourteen, eligible

dwelling units in property whose average unit assessed value is more

than fifty-five thousand dollars, but less than or equal to sixty

thousand dollars, shall receive a partial abatement of the real property

taxes attributable to or due on such dwelling units of twenty percent,

twenty-one and two-tenths percent, and twenty-two and five-tenths

percent respectively. In the fiscal years commencing in calendar years

two thousand fifteen through two thousand twenty-six eligible dwelling

units in property whose average unit assessed value is more than

fifty-five thousand dollars, but less than or equal to sixty thousand

dollars, shall receive a partial abatement of the real property taxes

attributable to or due on such dwelling units of twenty-two and

five-tenths percent.

(d-4) In the fiscal years commencing in calendar years two thousand

twelve through two thousand twenty-six, eligible dwelling units in

property whose average unit assessed value is more than sixty thousand

dollars shall receive a partial abatement of the real property taxes

attributable to or due on such dwelling units of seventeen and one-half

percent.

(d-5) In the fiscal years commencing in calendar year two thousand

twelve and two thousand thirteen, dwelling units that received an

abatement pursuant to this section in the fiscal year commencing in

calendar year two thousand eleven, and that are not eligible to receive

benefits under paragraph (d-1), (d-2), (d-3), or (d-4) of this

subdivision and that are located in a property that has an average unit

assessed value that is less than or equal to fifteen thousand dollars

shall receive a partial abatement of the real property taxes

attributable to or due on such dwelling units of twelve and one half

percent, and six and twenty-five hundredths percent respectively.

Provided, however, that no such abatement shall be allowed for any

fiscal year commencing in calendar year two thousand fourteen or later.

(d-6) In the fiscal years commencing in calendar year two thousand

twelve and two thousand thirteen, dwelling units that received an

abatement pursuant to this section in the fiscal year commencing in

calendar year two thousand eleven, and that are not eligible to receive

benefits under paragraph (d-1), (d-2), (d-3), or (d-4) of this

subdivision and that are located in a property that has an average unit

assessed value that is greater than fifteen thousand dollars shall

receive a partial abatement of the real property taxes attributable to

or due on such dwelling units of eight and seventy-five hundredths

percent, and four and three hundred seventy-five thousandths percent

respectively. Provided, however, that no such abatement shall be

allowed, for any fiscal year in calendar year two thousand fourteen or

later.

(e) Partial abatement pursuant to paragraphs (c), (d), (d-1), (d-2),

(d-3), (d-4), (d-5) and (d-6) of this subdivision shall be computed on

the net real property taxes attributable to or due on eligible dwelling

units after deduction for any exemption on such dwelling units received

pursuant to any section listed in paragraph (f) of this subdivision and

after deduction of the portion of any abatement received pursuant to

section four hundred eighty-nine of this article that is attributable to

a dwelling unit in property held in the cooperative form of ownership

and after deduction of any abatement received pursuant to section four

hundred eighty-nine of this article by a dwelling unit in property held

in the condominium form of ownership.

(f) For purposes of this subdivision, a qualified property shall be

deemed not to be receiving complete or partial real property tax

exemption or tax abatement if the qualified property is, or certain

dwelling units therein are, receiving benefits pursuant to section four

hundred, four hundred two, four hundred four, four hundred six, four

hundred eight, four hundred ten, four hundred ten-a, four hundred

twelve, four hundred twelve-a, four hundred sixteen, four hundred

eighteen, four hundred twenty-a, four hundred twenty-b, four hundred

twenty-five, four hundred thirty-six, four hundred fifty-eight, four

hundred fifty-eight-a, four hundred fifty-nine-c, four hundred

sixty-two, four hundred sixty-seven, four hundred sixty-seven-b, four

hundred ninety-nine-bbb, or four hundred ninety-nine-bbbb of this

article, or if the qualified property is receiving a tax abatement but

not a tax exemption pursuant to section four hundred eighty-nine of this

article.

(g) If the billable assessed value of a qualified property is reduced

after the assessment roll becomes final, any abatement already granted

pursuant to this section shall be adjusted accordingly. The difference

between the original abatement and the adjusted abatement shall be

deducted from any credit otherwise due.

(h) Notwithstanding any other provision of this section, the

commissioner of finance shall deny, terminate or revoke any abatement

applied for or granted pursuant to this section with respect to a

dwelling unit upon a determination that the transfer of such dwelling

unit to the owner who owned such dwelling unit as of the applicable

taxable status date was made primarily for the purpose of receiving an

abatement under this section. Upon making such determination, the

commissioner of finance shall deny, terminate or revoke any abatement

applied for or granted pursuant to this section with respect to any

dwelling unit owned by the transferor that would have been eligible but

for such determination. In making such determination, the commissioner

of finance may consider, among other factors, the relationship, if any,

between the transferor and the transferee and whether the terms of the

transfer are consistent with the terms generally found in transfers of

comparable dwelling units.

(i) Notwithstanding any other provision of this section, beginning in

the fiscal year commencing in calendar year two thousand twenty-two no

dwelling unit in a property other than a qualified property shall be

eligible to receive a tax abatement under this section.

3. Application for abatement. (a) An application for an abatement

pursuant to this section for the fiscal year commencing in calendar year

nineteen hundred ninety-six shall be made no later than the fifteenth

day of September, nineteen hundred ninety-six. An application for an

abatement pursuant to this section for the fiscal year commencing in

calendar year nineteen hundred ninety-seven shall be made no later than

the first day of April, nineteen hundred ninety-seven. An application

for an abatement pursuant to this section for the fiscal year commencing

in calendar year nineteen hundred ninety-eight shall be made no later

than the first day of April, nineteen hundred ninety-eight. An

application for an abatement pursuant to this section for the fiscal

year commencing in calendar year nineteen hundred ninety-nine shall be

made in accordance with this subdivision and subdivision three-a of this

section. An application for an abatement pursuant to this section for

the fiscal year commencing in calendar year two thousand shall be made

no later than the fifteenth day of February, two thousand. An

application for an abatement pursuant to this section for the fiscal

year commencing in calendar year two thousand one shall be made in

accordance with this subdivision and subdivision three-b of this

section. An application for an abatement pursuant to this section for

the fiscal year commencing in calendar year two thousand two shall be

made no later than the fifteenth day of February, two thousand two. An

application for an abatement pursuant to this section for the fiscal

year commencing in calendar year two thousand three shall be made no

later than the fifteenth day of February, two thousand three. An

application for an abatement pursuant to this section for the fiscal

year commencing in calendar year two thousand four shall be made in

accordance with this subdivision and subdivision three-c of this

section. An application for an abatement pursuant to this section for

the fiscal year commencing in calendar year two thousand five shall be

made no later than the fifteenth day of February, two thousand five. An

application for an abatement pursuant to this section for the fiscal

year commencing in calendar year two thousand six shall be made no later

than the fifteenth day of February, two thousand six. An application for

an abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand seven shall be made no later than the

fifteenth day of February, two thousand seven. An application for

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand eight shall be made in accordance with this

subdivision and subdivision three-d of this section. An application for

an abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand nine shall be made no later than the

fifteenth day of February, two thousand nine. An application for an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand ten shall be made no later than the fifteenth

day of February, two thousand ten. An application for an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand eleven shall be made no later than the fifteenth day of

February, two thousand eleven. An application for an abatement pursuant

to this section for the fiscal years commencing in calendar years two

thousand twelve and two thousand thirteen shall be made in accordance

with subdivision three-e of this section. The date or dates by which

applications for an abatement pursuant to this section shall be made for

the fiscal years beginning in calendar years two thousand fourteen

through two thousand twenty-six shall be established by the commissioner

of finance by rule, provided that such date or dates shall not be later

than the fifteenth day of February for such calendar years.

(b) An application for an abatement pursuant to this section shall be

submitted to the commissioner of finance by the board of managers of a

condominium or the board of directors of a cooperative apartment

corporation, provided that the commissioner of finance may by rule

require the unit owner or shareholder of a dwelling unit to submit an

application to supplement information contained in the application

submitted by the board of managers of a condominium or the board of

directors of a cooperative apartment corporation and may by rule apply

and adjust, as appropriate, any provisions of this section that relate

to applications submitted by such boards to applications submitted by

such owners. The commissioner of finance shall by rule require the unit

owner or the shareholder of a dwelling unit to certify the primary

residence of such unit owner or shareholder.

(c) No abatement pursuant to this section shall be granted unless the

applicant files an application for an abatement within the time periods

prescribed in paragraph (a) of this subdivision or subdivision three-a,

three-b, three-c, three-d or three-e of this section, provided, however,

that the commissioner of finance may, for good cause shown, extend the

time for filing an application.

(d) The commissioner of finance shall determine the form of the

application and the information which it shall contain. The information

contained in the application shall be provided with respect to the

qualified property as of the taxable status date for the fiscal year to

which the application relates. Such information shall include, but need

not be limited to:

(i) physical data, such as a description of the qualified property,

stating the number of stories, the number of dwelling and non-dwelling

units, unit designations with their locations, approximate area of each

unit, number of rooms in each unit, common interest of or number of

shares allocated to each unit, and the total number of shares in a

cooperative apartment corporation;

(ii) the names and social security or tax identification numbers of

owners of all units;

(iii) the names and social security or tax identification numbers of

sponsors owning units; and

(iv) the name and address of the person designated by the board of

directors or board of managers for receipt of notices issued pursuant to

this section.

(e) The burden of proof shall be on the applicant to show that the

requirements for granting an abatement have been met. The commissioner

of finance shall have the authority to require that statements in

connection with such application be made under oath by a duly authorized

member of the board of directors or managers. Such application shall

contain the following declaration: "I certify that all information

contained in this application is true and correct to the best of my

knowledge and belief. I understand that the willful making of any false

statement of material fact herein will subject me to the provisions of

law relevant to the making and filing of false instruments and will

render this application null and void." Such application shall also

state that the applicant agrees to comply with and be subject to the

rules issued from time to time by the commissioner of finance pursuant

to this section.

(f) Notwithstanding any other provision of law to the contrary,

application by the board of directors of a cooperative apartment

corporation for an abatement pursuant to this section for the fiscal

year commencing in calendar year two thousand shall be made by the

filing of an information return pursuant to subdivision (g) of section

11-2105 of the administrative code of the city of New York, as added by

local law number fifty-eight of the city of New York for the year

nineteen hundred eighty-nine, including an election by such board of

directors that such information return be deemed an application for an

abatement pursuant to this section for such fiscal year, provided,

however, that where the board of directors files the application on

behalf of a cooperative apartment corporation that is not receiving an

abatement pursuant to this section for the fiscal year commencing in

calendar year nineteen hundred ninety-nine, then the board of directors

shall be required to file, in addition to the information return

pursuant to subdivision (g) of section 11-2105 of the administrative

code of the city of New York, as added by local law number fifty-eight

of the city of New York for the year nineteen hundred eighty-nine, any

information return covering a reporting period beginning on or after

January first, nineteen hundred ninety-six, that has not been filed

previously. Information returns that are deemed to be applications for

an abatement pursuant to this paragraph shall be subject to the

provisions of this section relating to such applications including, but

not limited to, the provisions of this subdivision and subdivision four

of this section.

(g) Notwithstanding any other provision of law to the contrary,

application by the board of directors of a cooperative apartment

corporation for an abatement pursuant to this section for either the

fiscal year commencing in calendar year two thousand two or the fiscal

year commencing in calendar year two thousand three shall be made by the

filing of an information return pursuant to subdivision (g) of section

11-2105 of the administrative code of the city of New York, as added by

local law number fifty-eight of the city of New York for the year

nineteen hundred eighty-nine, including an election by such board of

directors that such information return be deemed an application for an

abatement pursuant to this section for such fiscal year, provided,

however, that where the board of directors files an application on

behalf of a cooperative apartment corporation that is not receiving an

abatement pursuant to this section for the fiscal year immediately

preceding the fiscal year for which the application is filed, then the

board of directors shall be required to file, in addition to the

information return pursuant to subdivision (g) of section 11-2105 of the

administrative code of the city of New York, as added by local law

number fifty-eight of the city of New York for the year nineteen hundred

eighty-nine, any information return covering a reporting period

beginning on or after January first, nineteen hundred ninety-six, that

has not been filed previously. Information returns that are deemed to be

applications for an abatement pursuant to this paragraph shall be

subject to the provisions of this section relating to such applications

including, but not limited to, the provisions of this subdivision and

subdivision four of this section.

(h) Notwithstanding any other provision of law to the contrary,

application by the board of directors of a cooperative apartment

corporation for an abatement pursuant to this section for either the

fiscal year commencing in calendar year two thousand five or the fiscal

year commencing in the calendar year two thousand six or the fiscal year

commencing in the calendar year two thousand seven or the fiscal year

commencing in the calendar year two thousand eight or the fiscal year

commencing in the calendar year two thousand nine or the fiscal year

commencing in the calendar year two thousand ten or the fiscal year

commencing in the calendar year two thousand eleven shall be made by the

filing of an information return pursuant to subdivision (g) of section

11-2105 of the administrative code of the city of New York, as added by

local law number fifty-eight of the city of New York for the year

nineteen hundred eighty-nine, including an election by such board of

directors that such information return be deemed an application for an

abatement pursuant to this section for such fiscal year, provided,

however, that where the board of directors files an application on

behalf of a cooperative apartment corporation that is not receiving an

abatement pursuant to this section for the fiscal year immediately

preceding the fiscal year for which the application is filed, then the

board of directors shall be required to file, in addition to the

information return pursuant to subdivision (g) of section 11-2105 of the

administrative code of the city of New York, as added by local law

number fifty-eight of the city of New York for the year nineteen hundred

eighty-nine, any information return covering a reporting period

beginning on or after January first, nineteen hundred ninety-six, that

has not been filed previously. Information returns that are deemed to be

applications for an abatement pursuant to this paragraph shall be

subject to the provisions of this section relating to such applications

including, but not limited to, the provisions of this subdivision and

subdivision four of this section.

3-a. (a) An applicant whose property did not receive an abatement

pursuant to this section for the fiscal year commencing in calendar year

nineteen hundred ninety-eight shall submit an application for an

abatement pursuant to this section for the fiscal year commencing in

calendar year nineteen hundred ninety-nine no later than sixty days

following the effective date of the chapter of the laws of nineteen

hundred ninety-nine that added this subdivision.

(b) The abatement for the fiscal year commencing in calendar year

nineteen hundred ninety-nine of a cooperative apartment corporation that

received an abatement pursuant to this section for the fiscal year

commencing in calendar year nineteen hundred ninety-eight and that

submitted an information update form on or before April fifteenth,

nineteen hundred ninety-nine pursuant to a request by the commissioner

of finance, shall be based on the information contained in such

information update form.

(c) The abatement for the fiscal year commencing in calendar year

nineteen hundred ninety-nine of a cooperative apartment corporation that

received an abatement pursuant to this section for the fiscal year

commencing in calendar year nineteen hundred ninety-eight and that did

not submit an information update form on or before April fifteenth,

nineteen hundred ninety-nine pursuant to a request by the commissioner

of finance, shall be based on the information contained in the

application submitted in nineteen hundred ninety-eight, provided that

nothing in this paragraph shall authorize or require the commissioner of

finance to grant an abatement with respect to a property or a dwelling

unit that is not eligible as of the applicable taxable status date for

the fiscal year commencing in calendar year nineteen hundred

ninety-nine.

(d) The board of managers of a condominium that received an abatement

pursuant to this section for the fiscal year commencing in calendar year

nineteen hundred ninety-eight shall submit an application for an

abatement pursuant to this section for the fiscal year commencing in

calendar year nineteen hundred ninety-nine no later than sixty days

following the effective date of the chapter of the laws of nineteen

hundred ninety-nine that added this subdivision. If such board of

managers does not submit such application within sixty days following

the effective date of the chapter of the laws of nineteen hundred

ninety-nine that added this subdivision, then the abatement for the

fiscal year commencing in calendar year nineteen hundred ninety-nine for

such condominium shall be based on the information contained in the

application submitted in nineteen hundred ninety-eight, provided that

nothing in this paragraph shall authorize or require the commissioner of

finance to grant an abatement with respect to a property or a dwelling

unit that is not eligible as of the applicable taxable status date for

the fiscal year commencing in calendar year nineteen hundred

ninety-nine.

3-b. (a) An applicant whose property did not receive an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand shall submit an application for an abatement pursuant to

this section for the fiscal year commencing in calendar year two

thousand one no later than sixty days following the effective date of

the chapter of the laws of two thousand one that added this subdivision.

(b) The abatement for the fiscal year commencing in calendar year two

thousand one of a cooperative apartment corporation that received an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand and that submitted an information return on

or before February fifteenth, two thousand one, that included an

election by the board of directors of such cooperative apartment

corporation that such information return be deemed an application for an

abatement pursuant to this section for such fiscal year, shall be based

on the information contained in such information return.

(c) The abatement for the fiscal year commencing in calendar year two

thousand one of a cooperative apartment corporation that received an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand and that submitted an information return on

or before February fifteenth, two thousand one, that did not include an

election by the board of directors of such cooperative apartment

corporation that such information return be deemed an application for an

abatement pursuant to this section for such fiscal year, shall be based

on the information contained in the application submitted in two

thousand or on the information contained in such information return, or

both, provided that nothing in this paragraph shall authorize or require

the commissioner of finance to grant an abatement with respect to a

property or a dwelling unit that is not eligible as of the applicable

taxable status date for the fiscal year commencing in calendar year two

thousand one.

(d) The board of managers of a condominium that received an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand shall submit an application for an abatement pursuant to

this section for the fiscal year commencing in calendar year two

thousand one no later than sixty days following the effective date of

the chapter of the laws of two thousand one that added this subdivision.

If such board of managers does not submit such application within sixty

days following the effective date of the chapter of the laws of two

thousand one that added this subdivision, then the abatement for the

fiscal year commencing in calendar year two thousand one for such

condominium shall be based on the information contained in the

application submitted in two thousand, provided that nothing in this

paragraph shall authorize or require the commissioner of finance to

grant an abatement with respect to a property or a dwelling unit that is

not eligible as of the applicable taxable status date for the fiscal

year commencing in calendar year two thousand one.

3-c. (a) An applicant whose property did not receive an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand three shall submit an application for an abatement pursuant

to this section for the fiscal year commencing in calendar year two

thousand four no later than sixty days following the effective date of

the chapter of the laws of two thousand four that added this

subdivision.

(b) The abatement for the fiscal year commencing in calendar year two

thousand four of a cooperative apartment corporation that received an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand three and that submitted an information

return on or before February fifteenth, two thousand four, that included

an election by the board of directors of such cooperative apartment

corporation that such information return be deemed an application for an

abatement pursuant to this section for such fiscal year, shall be based

on the information contained in such information return.

(c) The abatement for the fiscal year commencing in calendar year two

thousand four of a cooperative apartment corporation that received an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand three and that submitted an information

return on or before February fifteenth, two thousand four, that did not

include an election by the board of directors of such cooperative

apartment corporation that such information return be deemed an

application for an abatement pursuant to this section for such fiscal

year, shall be based on the information contained in the application

submitted in two thousand three or on the information contained in such

information return, or both, provided that nothing in this paragraph

shall authorize or require the commissioner of finance to grant an

abatement with respect to a property or a dwelling unit that is not

eligible as of the applicable taxable status date for the fiscal year

commencing in calendar year two thousand four.

(d) The board of managers of a condominium that received an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand three shall submit an application for an abatement pursuant

to this section for the fiscal year commencing in calendar year two

thousand four no later than sixty days following the effective date of

the chapter of the laws of two thousand four that added this

subdivision. If such board of managers does not submit such application

within sixty days following the effective date of the chapter of the

laws of two thousand four that added this subdivision, then the

abatement for the fiscal year commencing in calendar year two thousand

four for such condominium shall be based on the information contained in

the application submitted in two thousand three, provided that nothing

in this paragraph shall authorize or require the commissioner of finance

to grant an abatement with respect to a property or a dwelling unit that

is not eligible as of the applicable taxable status date for the fiscal

year commencing in calendar year two thousand four.

3-d. (a) an applicant whose property did not receive an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand seven shall submit an application for an abatement pursuant

to this section for the fiscal year commencing in calendar year two

thousand eight no later than sixty days following the effective date of

the chapter of the laws of two thousand eight that added this

subdivision.

(b) the abatement for the fiscal year commencing in calendar year two

thousand eight of a cooperative apartment corporation that received an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand seven and that submitted an information

return on or before February fifteenth, two thousand eight, that

included an election by the board of directors of such cooperative

apartment corporation that such information return be deemed an

application for an abatement pursuant to this section for such fiscal

year, shall be based on the information contained in such information

return.

(c) the abatement for the fiscal year commencing in calendar year two

thousand eight of a cooperative apartment corporation that received an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand seven and that submitted an information

return on or before February fifteenth, two thousand eight, that did not

include an election by the board of directors of such cooperative

apartment corporation that such information return be deemed an

application for an abatement pursuant to this section for such fiscal

year, shall be based on the information contained in the application

submitted in two thousand seven or on the information contained in such

information return, or both, provided that nothing in this paragraph

shall authorize or require the commissioner of finance to grant an

abatement with respect to a property or a dwelling unit that is not

eligible as of the applicable taxable status date for the fiscal year

commencing in calendar year two thousand eight.

(d) the board of managers of a condominium that received an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand seven shall submit an application for an abatement pursuant

to this section for the fiscal year commencing in calendar year two

thousand eight no later than sixty days following the effective date of

the chapter of the laws of two thousand eight that added this

subdivision. If such board of managers does not submit such application

within sixty days following the effective date of the chapter of the

laws of two thousand eight that added this subdivision, then the

abatement for the fiscal year commencing in calendar year two thousand

eight for such condominium shall be based on the information contained

in the application submitted in two thousand seven, provided that

nothing in this paragraph shall authorize or require the commissioner of

finance to grant an abatement with respect to a property or a dwelling

unit that is not eligible as of the applicable taxable status date for

the fiscal year commencing in calendar year two thousand eight.

3-e. (a) An applicant whose property did not receive an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand eleven shall submit an application for an abatement

pursuant to this section for the fiscal years commencing in calendar

years two thousand twelve and two thousand thirteen in accordance with

paragraph (e) of this subdivision.

(b) The abatement for the fiscal year commencing in calendar year two

thousand twelve of a cooperative apartment corporation that received an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand eleven and that submitted an information

return on or before February fifteenth, two thousand twelve, that

included an election by the board of directors of such cooperative

apartment corporation that such information return be deemed an

application for an abatement pursuant to this section for such fiscal

year, shall be based on the information contained in such information

return.

(c) The abatement for the fiscal year commencing in calendar year two

thousand twelve of a cooperative apartment corporation that received an

abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand eleven and that submitted an information

return on or before February fifteenth, two thousand twelve, that did

not include an election by the board of directors of such cooperative

apartment corporation that such information return be deemed an

application for an abatement pursuant to this section for such fiscal

year, shall be based on the information contained in the application

submitted in two thousand eleven or on the information contained in such

information return, or both, provided that nothing in this paragraph

shall authorize or require the commissioner of finance to grant an

abatement with respect to a property or a dwelling unit that is not

eligible as of the applicable taxable status date for the fiscal year

commencing in calendar year two thousand twelve.

(d) The board of managers of a condominium that received an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand eleven shall submit an application for an abatement

pursuant to this section for the fiscal year commencing in calendar year

two thousand twelve no later than sixty days following the effective

date of the chapter of the laws of two thousand thirteen that added this

subdivision. If such board of managers does not submit such application

within sixty days following the effective date of the chapter of the

laws of two thousand thirteen that added this subdivision, then the

abatement for the fiscal year commencing in calendar year two thousand

twelve for such condominium shall be based on the information contained

in the application submitted in two thousand eleven, provided that

nothing in this paragraph shall authorize or require the commissioner of

finance to grant an abatement with respect to a property or a dwelling

unit that is not eligible as of the applicable taxable status date for

the fiscal year commencing in calendar year two thousand twelve.

(e) Notwithstanding paragraphs (a), (b), (c) and (d) of this

subdivision or any other inconsistent provision of law, the commissioner

of finance may require each applicant for an abatement for the fiscal

years commencing in calendar years two thousand twelve and two thousand

thirteen to submit an application by a date and in a form determined by

such commissioner and such commissioner may deny abatements pursuant to

this section for failure to submit such application by such date

provided that such date shall be no earlier than thirty days following

the date on which the commissioner releases the application form.

4. Except in accordance with proper judicial order or as otherwise

provided by law, neither the commissioner of finance, nor any officer or

employee of a department of finance of a city having a population of one

million or more, nor any person who, pursuant to this subdivision, is

authorized to inspect the application or statements in connection

therewith required by this section, shall disclose or make known the

contents of any such application or statements. Except as provided in

this subdivision, the officers charged with the custody of any such

application or statements shall not be required to produce them in any

action or proceeding in any court or before any administrative tribunal,

but any such application or statements may be produced on behalf of the

department of finance. An affidavit certifying that all building service

employees employed or to be employed at the qualified property shall

receive the applicable prevailing wage may be produced in any action or

proceeding in any court or before any administrative tribunal. Such

affidavit shall be considered a public record. Nothing in this

subdivision shall be construed to prohibit delivery to an owner of a

dwelling unit of a qualified property situated in a city having a

population of one million or more of a copy of any application or

statements pertaining to such dwelling unit, upon request and with

personally identifying information redacted. Nothing in this subdivision

shall be construed to prohibit the delivery of a certified copy of any

such application or statements to the United States of America or any

department thereof, the state of New York or any department thereof, or

a city having a population of one million or more or any department

thereof, provided any such application or statements are required for

official business; nor to prohibit the inspection for official business

of any such application or statements by the tax commission of a city

having a population of one million or more, or by the corporation

counsel or other legal representative of a city having a population of

one million or more, or by any person engaged or retained by the

department of finance on an independent contract basis; nor to prohibit

the publication of statistics so classified as to prevent the

identification of any particular application or statements. The

foregoing provisions of this subdivision prohibiting disclosure of the

contents of applications or statements shall not apply to physical data

relating to the qualified property described therein.

5. The commissioner of finance shall be authorized to defer the

credit, pursuant to this section, for the fiscal year commencing in the

calendar year nineteen hundred ninety-six to the fiscal year commencing

in the calendar year nineteen hundred ninety-seven. The credits,

pursuant to this section, for the fiscal years commencing in the

calendar years nineteen hundred ninety-seven and nineteen hundred

ninety-eight shall not be deferred.

6. The commissioner of finance may impose, after notice and an

opportunity to be heard, civil penalties on each member of a cooperative

board of directors of no more than ten thousand dollars for the willful

failure to credit fully any tax abatement granted pursuant to this

section to eligible dwelling units.

7. The commissioner of finance shall be authorized to promulgate rules

necessary to effectuate the purposes of this section. Notwithstanding

any other provision of law to the contrary, such rules may include, but

need not be limited to, denial, termination or revocation of any

abatement pursuant to this section if building service workers are not

paid the prevailing wage or if any dwelling unit in a qualified property

held in the condominium form of ownership or a qualified property held

in the cooperative form of ownership has real property taxes, water and

sewer charges, payments in lieu of taxes or other municipal charges due

and owing, unless such real property taxes, water and sewer charges,

payments in lieu of taxes or other municipal charges are currently being

paid in timely installments pursuant to a written agreement with the

department of finance or other appropriate agency.

8. Except to the extent that the owner of a dwelling unit of a

qualified property situated in a city having a population of one million

or more may request a redacted copy of any application or statements

pertaining to such dwelling unit, as provided in subdivision four of

this section, the information contained in applications or statements in

connection therewith filed with the commissioner of finance pursuant to

subdivision three, three-a, three-b, three-c, three-d or three-e of this

section shall not be subject to disclosure under article six of the

public officers law.

9. The commissioner of finance shall be authorized to prepare and

submit amended tax bills to taxpayers to reflect any adjustments

necessary to apply the partial abatement received pursuant to this

section. If a condominium or cooperative has paid an amount that is

different than the amount due on any amended tax bill, the commissioner

of finance may waive any interest otherwise due on such amount.

10. The fiscal officer, as defined in section two hundred thirty of

the labor law, shall have the power to conduct an investigation and

hearing and file a final determination as to the payment of wages owed

by an owner, successor, or any employer of building service employees,

as provided under subdivisions one, four, five, six, eight and nine of

section two hundred thirty-five of the labor law.