N.Y. Real Property Tax Law § 489-ddddd: Application for certificate of eligibility

§ 489-ddddd. Application for certificate of eligibility. 1.

Application for a certificate of eligibility pursuant to this title may

be made on or after July first, nineteen hundred ninety-five and

continuing until June thirtieth, nineteen hundred ninety-nine, provided,

however, that no benefits pursuant to this title shall be granted for

construction work performed pursuant to a building permit issued after

July thirty-first, nineteen hundred ninety-nine. Such application shall

state whether it is for residential construction work or a combination

of residential construction work and commercial construction work, and

shall be filed with the department of finance. In addition to any other

information required by such department, the application shall include

cost estimates or bids for the proposed construction and an affidavit of

a professional engineer or architect of the applicant's choice,

certifying that detailed plans for the construction work have been

submitted to the department of buildings. Such application shall also

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

issued from time to time by the department of finance to secure

compliance with this title and all applicable local, state and federal

laws. Such application shall also certify that all taxes, water charges

and sewer rents currently due and owing on the property which is the

subject of the application have been paid or are currently being paid in

timely installments pursuant to written agreement with the department of

finance or other appropriate agency.

2. The burden of proof shall be on the applicant to show by clear and

convincing evidence that the requirements for granting an exemption from

payment of taxes pursuant to this title have been satisfied. The

department of finance shall have the authority to require that

statements in connection with the application shall be made under oath.

3. The department of finance shall issue a certificate of eligibility

upon determining that the applicant satisfies the requirements of this

title. Such certificate shall state whether the benefits are for

residential construction work or a combination of residential

construction work and commercial construction work. The effective date

of such certificate shall be the date on which a building permit for the

construction work is issued by the department of buildings.