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

§ 499-eeeee. Revocation of tax abatement. 1. Notwithstanding any

provision of law to the contrary, 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 such

department that:

(a) The childcare center in the eligible building of the owner whose

application for tax abatement has been approved has ceased operation as

a childcare center for a period exceeding one hundred eighty days of the

abatement period, except when such childcare center ceases operation due

to an act or event beyond the control and without any fault or

negligence of the childcare center or of the owner of the eligible

building in which such childcare center operates, which may include, but

is not limited to, fire, flood, earthquake, storm or other natural

disaster, civil commotion, war, terrorism, riot, and labor disputes not

brought about by any act or omission of such childcare center or such

owner; or

(b) An application, certification, report or other document submitted

by the owner whose application for tax abatement has been approved

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 owner whose application for tax abatement has been approved has

outstanding real property taxes, water and sewer charges, payments in

lieu of taxes or other municipal charges that have been due and owing

during the abatement period for a period of six months or more.

3. Upon a determination by a designated agency, after notice and an

opportunity to be heard, that the childcare center in the eligible

building of the owner whose application for tax abatement has been

approved has ceased operation as a childcare center for a period

exceeding one hundred eighty days of the abatement period, such agency

shall notify the department of finance of such determination no later

than the ninetieth day after such determination was reached.

4. An owner whose application for tax abatement has been approved, and

for whom such tax abatement has been revoked due to a false or

misleading statement, or an omission, pursuant to paragraph (b) of

subdivision one of this section, 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.