N.Y. Real Property Tax Law § 489-ffff: Reporting requirement; termination of benefits

§ 489-ffff. Reporting requirement; termination of benefits. 1. Upon

approval by the department of buildings of the plans submitted in

connection with the building permit and any amendments to such plans,

the recipient shall file with the department of finance a narrative

description of such approved plans describing the industrial, commercial

or renovation construction work for which such recipient seeks benefits

pursuant to this title.

2. For the duration of the benefit period the recipient shall file

annually with the department of finance, on or before the taxable status

date, a certificate of continuing use stating the purposes for which the

property described in the certificate of eligibility is being used and

the net square footage allotted to each such purpose. Such certificate

of continuing use shall be on a form prescribed by the department of

finance and shall state the total number of workers employed on the

property and the number of such workers who are city residents. The

department of finance shall have authority to terminate benefits

pursuant to this title upon failure of a recipient to file such

certificate by the taxable status date. The burden of proof shall be on

the recipient to establish continuing eligibility for benefits and the

department of finance shall have the authority to require that

statements made in such certificate shall be made under oath.

3. A recipient shall file an amendment to the latest certificate of

continuing use prior to (a) converting square footage within property

which is the subject of a certificate of eligibility for industrial

construction work from use for the manufacturing activities described in

such certificate of continuing use where such conversion results in less

than sixty-five per centum of total net square footage being used or

held out for use for manufacturing activities; or (b) converting any

portion of property which is the subject of a certificate of eligibility

to use for any restricted activity or as residential property.

4. Not later than eighteen months after the effective date of a

certificate of eligibility, with an effective date of June thirtieth,

nineteen hundred ninety-two or before, the recipient shall present

evidence to the department of finance demonstrating that the recipient

has made one-half of the minimum required expenditure. Not later than

thirty-six months after the effective date of such certificate, such

recipient shall present evidence to such department demonstrating that

the recipient has made the minimum required expenditure. Not later than

thirty months after the effective date of a certificate of eligibility

with an effective date of July first, nineteen hundred ninety-two or

after, the recipient shall present evidence to the department of finance

demonstrating that the recipient has made one-half of the minimum

required expenditure; provided, however, that a recipient of a

certificate of eligibility for renovation construction work for property

located in the renovation exemption area specified in subparagraph (ii)

of paragraph (d) of subdivision five of section four hundred

eighty-nine-cccc of this title shall present such evidence not later

than eighteen months after the effective date of such certificate, or by

December thirty-first, nineteen hundred ninety-four, whichever is

earlier; provided, further, however, that a recipient who filed an

application for a certificate of eligibility for renovation construction

work for property located in the renovation exemption area specified in

subparagraph (ii) of paragraph (d) of subdivision five of section four

hundred eighty-nine-cccc of this title on or after July first, nineteen

hundred ninety-four, but before February first, nineteen hundred

ninety-five, shall present such evidence not later than eighteen months

after the effective date of such certificate, or by July thirty-first,

nineteen hundred ninety-five, whichever is earlier, provided, further,

however, that a recipient who filed an application for a certificate of

eligibility for renovation construction work for property located in the

renovation exemption area specified in subparagraph (i) or (iii) of

paragraph (d) of subdivision five of section four hundred

eighty-nine-cccc of this title on or after July first, nineteen hundred

ninety-five, shall present such evidence not later than eighteen months

after the effective date of such certificate. Not later than sixty

months after the effective date of a certificate of eligibility with an

effective date of July first, nineteen hundred ninety-two or after, the

recipient shall present evidence to such department demonstrating that

the recipient has made the minimum required expenditure; provided,

however, that a recipient of a certificate of eligibility for renovation

construction work for property located in the renovation exemption area

specified in subparagraph (ii) of paragraph (d) of subdivision five of

section four hundred eighty-nine-cccc of this title shall present such

evidence not later than thirty-six months after the effective date of

such certificate, or by December thirty-first, nineteen hundred

ninety-five, whichever is earlier; provided, further, however, that a

recipient who filed an application for a certificate of eligibility for

renovation construction work for property located in the renovation

exemption area specified in subparagraph (ii) of paragraph (d) of

subdivision five of section four hundred eighty-nine-cccc of this title

on or after July first, nineteen hundred ninety-four, but before

February first, nineteen hundred ninety-five, shall present such

evidence not later than thirty-six months after the effective date of

such certificate, or by July thirty-first, nineteen hundred ninety-six,

whichever is earlier, provided, further, however, that a recipient who

filed an application for a certificate of eligibility for renovation

construction work for property located in the renovation exemption area

specified in subparagraph (i) or (iii) of paragraph (d) of subdivision

five of section four hundred eighty-nine-cccc of this title on or after

July first, nineteen hundred ninety-five, shall present such evidence

not later than thirty-six months after the effective date of such

certificate. Such evidence shall be presented in the form and manner

prescribed by such department. The burden of proof shall be on the

recipient to show by clear and convincing evidence that the required

expenditures have been made. This subdivision shall not apply to the

recipient of a certificate of eligibility for construction of a new

building or structure that meets the requirements set forth in

subdivision nine of section four hundred eighty-nine-dddd of this title

in a new construction exemption area.

5. A recipient of a certificate of eligibility for construction of a

new building or structure in a new construction exemption area shall

present evidence to the department of finance demonstrating that the

requirements of subdivision nine of section four hundred

eighty-nine-dddd of this title have been met. Such evidence shall be

presented in the form and manner and at the time prescribed by such

department. The burden of proof shall be on the recipient to show by

clear and convincing evidence that such requirements have been met.