N.Y. Real Property Tax Law § 467-e: Rebate for owners or tenant-stockholders of one, two or three family residences or residential property held in the condominium or cooper...

§ 467-e. Rebate for owners or tenant-stockholders of one, two or three

family residences or residential property held in the condominium or

cooperative form of ownership in a city having a population of one

million or more. 1. Generally. Notwithstanding any provision of any

general, special or local law to the contrary, any city having a

population of one million or more is hereby authorized and empowered to

adopt and amend local laws in accordance with this section to grant a

rebate of real property taxes for fiscal years beginning on the first of

July, two thousand three and ending on the thirtieth of June, two

thousand nine in the amount of the lesser of four hundred dollars or the

annual tax liability imposed on the property. No such local law may be

adopted unless, as originally adopted, it authorizes such rebate to be

granted in accordance with this section for three consecutive fiscal

years beginning with the fiscal year beginning on the first of July, two

thousand three. No such rebate shall be granted by local law for any

fiscal year beginning on or after the first of July, two thousand nine,

unless the council of such city, in fixing the annual tax rates for any

such fiscal year, shall have uniformly reduced such rates for all

classes of property in order to produce real property tax relief among

such classes of property in an amount not less than, in the aggregate,

the aggregate amount of rebate paid in such fiscal year. No such local

law implementing the provisions of this section, as amended by the

chapter of the laws of two thousand seven which added this sentence, may

be adopted unless, as originally adopted, such local law authorizes such

rebate to be granted in accordance with this section for three

consecutive fiscal years beginning with the fiscal year beginning on the

first of July, two thousand six. Any rebate authorized by local law in

accordance with this section shall be paid in the fiscal year following

the fiscal year for which the rebate is granted. If, with respect to the

fiscal year of such city beginning on the first of July, two thousand

eight and ending on the thirtieth of June, two thousand nine, an

increase in average real property tax rates would otherwise be necessary

in the resolution of such city council fixing real property tax rates

for such fiscal year pursuant to the charter of such city, then the

rebate to be paid for such fiscal year shall be reduced or eliminated as

follows: where the sum to be raised by such increase is less than seven

hundred fifty million dollars, then such rebate shall be reduced by

fifty cents for each dollar of increase, and where the sum to be raised

by such increase is seven hundred fifty million dollars or more, then

such rebate shall be eliminated. The determination of the reduction or

elimination of such rebate shall be set forth in such resolution after

consultation with the department of finance of such city and shall take

effect upon the final adoption of such resolution. Such rebate shall be

paid to an owner or tenant-stockholder who, as of the date the

application provided for in subdivision four of this section is due,

owns a one, two or three family residence or a dwelling unit in

residential property held in the condominium or cooperative form of

ownership that is the owner or tenant-stockholder's primary residence

and meets all other eligibility requirements of this section.

Notwithstanding anything to the contrary in sections four hundred

twenty-one-a, four hundred twenty-one-b or four hundred twenty-one-g of

this title, an owner or tenant-stockholder whose property is receiving

benefits pursuant to such sections shall not be prohibited from

receiving a rebate pursuant to this section if such owner or

tenant-stockholder is otherwise eligible to receive such rebate.

Tenant-stockholders of dwelling units in a cooperative apartment

corporation incorporated as a mutual company pursuant to article two,

four, five or eleven of the private housing finance law shall not be

entitled to the rebate authorized by this section. Such rebate shall be

paid by the commissioner of finance to eligible owners or

tenant-stockholders in accordance with rules promulgated by the

commissioner of finance.

2. Eligibility requirements. a. To qualify for the rebate pursuant to

this section (1) the property must be a one, two or three family

residence or residential property held in the condominium or cooperative

form of ownership;

(2) the property must serve as the primary residence of one or more of

the owners or tenant-stockholders thereof; and

(3) the owner must not be in arrears in the payment of real property

taxes in an amount in excess of twenty-five dollars for the fiscal year

for which the rebate is claimed and all prior fiscal years, and for

residential property held in the cooperative form of ownership, there

must be no arrears in the payment of real property taxes in an amount in

excess of an average of twenty-five dollars per dwelling unit in such

cooperative apartment corporation for the fiscal year for which the

rebate is claimed and all prior fiscal years.

b. If legal title to the property is held by one or more trustees, the

beneficial owner or owners shall be deemed to own the property for

purposes of this subdivision.

3. Definitions. As used in this section:

a. "Applicant" means the owner or owners or tenant-stockholder or

tenant-stockholders of the property.

b. "Commissioner of finance" means the commissioner of finance of a

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

c. "Property" means a one, two or three family residence or a dwelling

unit in residential property held in the condominium or cooperative form

of ownership.

4. Application procedure. a. Generally. Notwithstanding any provision

of any general, special or local law to the contrary, an application for

a rebate pursuant to this section for the fiscal year beginning the

first of July, two thousand three, shall be made no later than the date

published by the commissioner of finance in the city record and in other

appropriate general notices pursuant to this subdivision, which date

shall be no earlier than thirty days after the effective date of this

subdivision. An application for a rebate pursuant to this section for

fiscal years beginning on or after the first of July, two thousand four

and ending on the thirtieth of June, two thousand six, shall be made no

later than the fifteenth of March of the fiscal year for which the

rebate is claimed. An application for a rebate pursuant to this section

for fiscal years beginning on or after the first of July, two thousand

six, shall be made no later than the first of September following the

fiscal year for which the rebate is claimed. All owners or

tenant-stockholders of property who primarily reside thereon must

jointly file an application for the rebate on or before the application

deadline, unless such owners or tenant-stockholders currently receive a

real property tax exemption pursuant to section four hundred

twenty-five, four hundred fifty-eight, four hundred fifty-eight-a, four

hundred fifty-nine-c or four hundred sixty-seven of this title, in which

case no separate application for a rebate pursuant to this section shall

be required. Such application may be filed by mail if it is enclosed in

a postpaid envelope properly addressed to the commissioner of finance,

deposited in a post office or official depository under the exclusive

care of the United States postal service, and postmarked by the United

States postal service on or before the application deadline. Each such

application shall be made on a form prescribed by the commissioner of

finance, which shall require the applicant to agree to notify the

commissioner of finance if his, her or their primary residence changes

after receiving the rebate pursuant to this section, or after filing an

application for such rebate, if his, her or their primary residence

changes after filing such application, but before receiving such rebate.

The commissioner of finance may request that proof of primary residence

be submitted with the application. No rebate pursuant to this section

shall be granted unless the applicant, if required to do so by this

subdivision, files an application within the time periods prescribed in

this subdivision.

b. Approval or denial of application. If the commissioner of finance

determines that the applicant is entitled to the rebate pursuant to this

section, the commissioner shall approve the application and such owner

or tenant-stockholder shall thereafter be entitled to the rebate as

provided in this section. If the commissioner of finance determines that

the applicant is not entitled to the rebate pursuant to this section,

the commissioner shall mail to each applicant not entitled to the rebate

a notice of denial of that application for the rebate for that year in

accordance with rules for denial of applications to be promulgated by

the commissioner of finance. The notice of denial shall specify the

reason for such denial and shall be sent on a form prescribed by the

commissioner of finance. Failure to mail any such notice of denial or

the failure of any applicant to receive such notice shall not prevent

the levy, collection and enforcement of taxes on such applicant's

property.

c. Proof of residency. (1) Requests. From time to time, the

commissioner of finance may request proof of residency from the owner or

tenant-stockholder receiving a rebate pursuant to this section.

(2) Timing. A request for proof of residency shall be mailed at least

sixty days prior to the ensuing application deadline. The owner or

tenant-stockholder shall submit proof of his, her or their residency in

an application to the commissioner of finance on or before the

application deadline.

d. Review of submission. The burden shall be on the applicant to

establish that the property is his, her or their primary residence and

that any other requirements to obtain the rebate are satisfied. If the

applicant submits proof of residency on or before the application

deadline, and the submission demonstrates to the commissioner of

finance's satisfaction that the property is the primary residence of the

applicant, and if the requirements of this section are otherwise

satisfied, the rebate shall be paid. Otherwise, the commissioner of

finance shall discontinue the rebate and, where appropriate, shall

proceed as further provided herein.

e. Oath. The commissioner of finance shall have the authority to

require that statements made in connection with any application filed

pursuant to this section be made under oath. 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 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 promulgated from time to time by the commissioner of finance

pursuant to this section.

5. Discontinuance of rebate. a. Generally. The commissioner of finance

shall discontinue any rebate paid or granted pursuant to this section if

it appears that: (1) the property may not be the primary residence of

the owner or tenant-stockholder who received or applied for the rebate,

(2) title to the property has been transferred to a new owner or

tenant-stockholder, or (3) the property is otherwise no longer eligible

for the rebate. For the purposes of this section, title to that portion

of real property owned by a cooperative apartment corporation in which a

tenant-stockholder of such corporation resides, and which is represented

by his or her share or shares of stock in such corporation as determined

by its or their proportional relationship to the total outstanding stock

of the corporation, including that owned by the corporation, shall be

deemed to be vested in such tenant-stockholder.

b. Rights of owners and tenant-stockholders. Upon determining that a

rebate paid or granted pursuant to this section should be discontinued,

the commissioner of finance shall mail a notice so stating to the

affected owner or tenant-stockholder at the time and in the manner to be

provided in rules promulgated by the commissioner of finance. Such owner

or tenant-stockholder shall be entitled to seek administrative and

judicial review of such action in the manner provided by law, provided,

that the burden shall be on the owner or tenant-stockholder to establish

eligibility for the rebate.

6. Recovery of prior rebate. If the commissioner of finance determines

that the owner or tenant-stockholder was (a) not entitled to a rebate

under this section, or (b) that a rebate was paid or calculated in error

under this section, then the commissioner of finance shall recover or

recalculate such rebate and the amount of the rebate or an amount equal

to the difference between the rebate originally paid and the amount to

which the owner or tenant-stockholder was entitled shall be deducted

from any refund otherwise payable, and any balance of such amount

remaining unpaid shall be paid to the commissioner of finance within

thirty days from the date of mailing by the commissioner of finance of a

notice of the amount payable. Such amount payable shall constitute a tax

lien on the property as of the date of such notice and, if not paid

within such thirty-day period, penalty and interest at the rate

applicable to delinquent taxes on such property shall be charged and

collected on such amount from the date of such notice to the day of

payment, and such amount payable shall be enforceable as a tax lien in

accordance with provisions of law relating to the enforcement of tax

liens in any such city.

7. Penalty for material misstatements. a. Generally. If the

commissioner of finance determines, within three years from the payment

of a rebate pursuant to this section, that there was a material

misstatement in an application filed pursuant to this section or in an

application filed pursuant to section four hundred twenty-five of this

title and that such misstatement provided the basis for the payment of a

rebate under this section, the commissioner of finance shall proceed to

impose a penalty tax against the property of one thousand dollars in

addition to recovering the amount of any prior rebate under subdivision

six of this section. An application shall be deemed to contain a

material misstatement for this purpose when either:

(1) the applicant claimed the property was his, her or their primary

residence, when it was not;

(2) the applicant claimed the property was eligible for a rebate

pursuant to this section, when it was not; or

(3) the applicant claimed that the applicant owned the property, when

the applicant did not.

b. Procedure. When the commissioner of finance determines that a

penalty tax should be imposed, the penalty tax shall be entered on the

next ensuing tentative or final assessment roll. Each owner or

tenant-stockholder shall be given notice of the possible imposition of a

penalty tax, and shall be entitled to seek administrative and judicial

review of such action in the manner provided by law.

c. Additional consequences. A penalty tax may be imposed pursuant to

this subdivision whether or not the improper rebate has been revoked in

the manner provided for by this section.

8. Rulemaking. The commissioner of finance shall be authorized to

promulgate rules necessary to effectuate the purposes of this section.

9. Non-disclosure. The information contained in applications or

statements in connection therewith filed with the commissioner of

finance pursuant to subdivision four of this section shall not be

subject to disclosure under article six of the public officers law.