N.Y. Real Property Tax Law § 499-eee: Revocation of tax abatement

§ 499-eee. Revocation of tax abatement. 1. The department of finance

shall revoke, in whole or in part, any tax abatement granted pursuant to

this title whenever a designated agency has determined and notified the

department of finance that:

(a) an applicant has failed to comply with a requirement of this title

or any rule promulgated hereunder at any time during the compliance

period, including without limitation any of the continuing requirements

set forth in subdivision one of section four hundred ninety-nine-ddd of

this title;

(b) an eligible building has not been in compliance during all or part

of the compliance period with any requirement of this title or any rule

promulgated hereunder;

(c) the green roof for which a tax abatement was granted has at any

time during the compliance period failed to meet any requirement for a

green roof pursuant to this title or any rule promulgated hereunder;

(d) the green roof has become a fire or safety hazard at any time

during the compliance period; or

(e) an application, certification, report or other document submitted

by the applicant contains a false or misleading statement as to a

material fact or omits to state any material fact necessary in order to

make the statement therein not false or misleading.

2. The department of finance may revoke, in whole or in part, any tax

abatement granted pursuant to this title whenever it has determined that

an applicant has failed to comply with the continuing requirement set

forth in subdivision two of section four hundred ninety-nine-ddd of this

title.

3. Where it has been determined by a designated agency, after notice

to and an opportunity to be heard by the entity receiving the tax

rebate, that a situation described in any of the provisions of

subdivision one of this section has occurred, such designated agency

shall so notify the department of finance no later than the ninetieth

day after the last day of the compliance period.

4. An applicant shall pay, with interest, such part of any tax

abatement received pursuant to this title that represents the period of

non-compliance as determined by the designated agency or the department

of finance, as the case may be. In addition, a designated agency may

declare any applicant ineligible for future tax abatement pursuant to

this title if any application, certification, report or other document

submitted by the applicant contains a false or misleading statement as

to a material fact or omits to state any material fact necessary in

order to make the statement therein not false or misleading.