S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9399
 
                             I N  S E N A T E
 
                               May 24, 2022
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cities 1
 
 AN  ACT  to  amend  the  real  property tax law, in relation to a rebate
   against real property taxes for certain owners of real property in the
   city of New York for the fiscal year commencing on the first of  July,
   two thousand twenty-one

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The real property tax  law  is  amended  by  adding  a  new
 section 467-l to read as follows:
   § 467-L. REBATE FOR OWNERS OF CERTAIN REAL PROPERTY IN THE CITY OF NEW
 YORK.  1.  GENERALLY.  NOTWITHSTANDING  ANY  PROVISION  OF  ANY GENERAL,
 SPECIAL OR LOCAL LAW TO THE CONTRARY, A 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  THE
 ANNUAL  TAX  OF  AN  ELIGIBLE  PROPERTY,  IN THE AMOUNT PROVIDED IN THIS
 SECTION, FOR THE FISCAL YEAR BEGINNING ON THE FIRST OF JULY,  TWO  THOU-
 SAND  TWENTY-ONE AND ENDING ON THE THIRTIETH OF JUNE, TWO THOUSAND TWEN-
 TY-TWO TO THE OWNER OF SUCH ELIGIBLE PROPERTY,  PROVIDED  THE  QUALIFIED
 GROSS  INCOME  OF  ALL THE OWNERS FOR WHOM SUCH PROPERTY SERVES AS THEIR
 PRIMARY RESIDENCE WAS TWO HUNDRED FIFTY THOUSAND DOLLARS OR LESS IN  TAX
 YEAR  TWO  THOUSAND  TWENTY.  WHERE THE ELIGIBLE PROPERTY, OTHER THAN AN
 ELIGIBLE PROPERTY THAT IS A DWELLING UNIT IN RESIDENTIAL  PROPERTY  HELD
 IN  THE  COOPERATIVE  FORM OF OWNERSHIP, IS IN ARREARS IN THE PAYMENT OF
 REAL PROPERTY TAXES, ASSESSMENTS, AND ANY OTHER CHARGES THAT ARE MADE  A
 LIEN  SUBJECT  TO THE PROVISIONS OF CHAPTER THREE OF TITLE ELEVEN OF THE
 ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK  OTHER  THAN  WATER  RENTS,
 SEWER  RENTS  AND  SEWER SURCHARGES, SUCH REBATE SHALL BE APPLIED TO ANY
 SUCH UNPAID REAL PROPERTY TAXES, ASSESSMENTS, AND OTHER CHARGES  ON  THE
 ACCOUNT  OF  SUCH  ELIGIBLE PROPERTY.   WHERE THE ELIGIBLE PROPERTY IS A
 DWELLING UNIT IN RESIDENTIAL PROPERTY HELD IN THE  COOPERATIVE  FORM  OF
 OWNERSHIP  AND SUCH RESIDENTIAL PROPERTY IS IN ARREARS IN THE PAYMENT OF
 REAL PROPERTY TAXES, ASSESSMENTS, AND ANY OTHER CHARGES THAT ARE MADE  A
 LIEN  SUBJECT  TO THE PROVISIONS OF CHAPTER THREE OF TITLE ELEVEN OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15930-01-2
 S. 9399                             2
 
 ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK  OTHER  THAN  WATER  RENTS,
 SEWER  RENTS  AND  SEWER SURCHARGES, SUCH REBATE SHALL BE APPLIED TO ANY
 UNPAID REAL PROPERTY  TAXES,  ASSESSMENTS,  AND  OTHER  CHARGES  ON  THE
 ACCOUNT  OF  SUCH RESIDENTIAL PROPERTY IN AN AMOUNT EQUAL TO THE PROPOR-
 TIONATE SHARE OF THE ARREARS OF THE DWELLING UNIT.  NOTWITHSTANDING  ANY
 PROVISION  OF  THIS  ARTICLE TO THE CONTRARY, AN OWNER WHOSE PROPERTY IS
 RECEIVING BENEFITS PURSUANT TO ANY OTHER SECTION OF THIS  ARTICLE  SHALL
 NOT  BE  PROHIBITED  FROM RECEIVING A REBATE AUTHORIZED PURSUANT TO THIS
 SECTION IF SUCH OWNER IS OTHERWISE ELIGIBLE TO RECEIVE SUCH REBATE.
   2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   A. "ANNUAL TAX" MEANS THE AMOUNT OF REAL PROPERTY TAX THAT IS  IMPOSED
 ON  A  PROPERTY  FOR THE FISCAL YEAR BEGINNING ON THE FIRST OF JULY, TWO
 THOUSAND TWENTY-ONE, DETERMINED AFTER REDUCTION FOR ANY AMOUNT FOR WHICH
 SUCH PROPERTY IS EXEMPT, OR WHICH IS ABATED, PURSUANT TO APPLICABLE LAW,
 PROVIDED THAT, FOR A PROPERTY THAT IS A  DWELLING  UNIT  IN  RESIDENTIAL
 PROPERTY  HELD  IN THE COOPERATIVE FORM OF OWNERSHIP, "ANNUAL TAX" MEANS
 THE AMOUNT OF REAL PROPERTY TAX THAT  IS  IMPOSED  ON  SUCH  RESIDENTIAL
 PROPERTY  DIVIDED BY THE NUMBER OF UNITS WITHIN SUCH RESIDENTIAL PROPER-
 TY, INCLUDING DWELLING UNITS AND UNITS USED PRIMARILY  FOR  PROFESSIONAL
 OR  COMMERCIAL  PURPOSES,  DETERMINED AFTER REDUCTION FOR ANY AMOUNT FOR
 WHICH SUCH PROPERTY THAT IS A DWELLING  UNIT  IS  EXEMPT,  OR  WHICH  IS
 ABATED, PURSUANT TO APPLICABLE LAW.
   B. "APPLICANT" MEANS AN OWNER OF AN ELIGIBLE PROPERTY WHO, PURSUANT TO
 SUBDIVISION  SIX  OF  THIS  SECTION, MAY APPLY FOR THE REBATE AUTHORIZED
 PURSUANT TO THIS SECTION.
   C. "COMMISSIONER OF FINANCE" MEANS THE COMMISSIONER OF  FINANCE  OF  A
 CITY  HAVING A POPULATION OF ONE MILLION OR MORE, OR SUCH COMMISSIONER'S
 DESIGNEE.
   D. "ELIGIBLE PROPERTY" MEANS A PROPERTY THAT, BEGINNING  ON  OR  AFTER
 JUNE FIFTEENTH, TWO THOUSAND TWENTY-TWO, SERVES AS THE PRIMARY RESIDENCE
 OF  THE OWNER OF SUCH PROPERTY, AND SERVED AS SUCH OWNER'S PRIMARY RESI-
 DENCE DURING THE NINETY DAYS PRIOR TO SUCH DATE.
   E. "ERRONEOUS REBATE" MEANS:
   (I) A REBATE THAT WAS GRANTED TO AN OWNER WHO WAS NOT  ENTITLED  TO  A
 REBATE UNDER THIS SECTION; OR
   (II)  A  REBATE  THAT  WAS  GRANTED  OR CALCULATED IN ERROR UNDER THIS
 SECTION.
   F. "OWNER" MEANS ONE OR MORE NATURAL  PERSONS  WHO,  BEGINNING  ON  OR
 AFTER JUNE FIFTEENTH, TWO THOUSAND TWENTY-TWO, EITHER:
   (I) OWNS A PROPERTY IN FEE SIMPLE ABSOLUTE OR AS A TENANT IN COMMON, A
 JOINT TENANT OR A TENANT BY THE ENTIRETY;
   (II)  IS  A  TENANT-STOCKHOLDER OF A COOPERATIVE APARTMENT CORPORATION
 WHO RESIDES IN A PORTION OF REAL  PROPERTY  OWNED  BY  SUCH  COOPERATIVE
 APARTMENT  CORPORATION,  TO  THE  EXTENT  REPRESENTED  BY THEIR SHARE OR
 SHARES OF STOCK IN SUCH CORPORATION AS DETERMINED BY THEIR  PROPORTIONAL
 RELATIONSHIP TO THE TOTAL OUTSTANDING STOCK OF SUCH CORPORATION, INCLUD-
 ING SUCH STOCK OWNED BY SUCH CORPORATION; OR
   (III) OWNS A PRESENT INTEREST IN A PROPERTY UNDER A LIFE ESTATE OR WHO
 IS A BENEFICIAL OWNER UNDER A TRUST.
   G.  "IMMEDIATE  FAMILY MEMBER" MEANS AN OWNER'S SPOUSE, DOMESTIC PART-
 NER, SIBLING OR CHILD.
   H. "PROPERTY" MEANS A ONE, TWO, OR THREE FAMILY RESIDENCE OR A  DWELL-
 ING  UNIT IN RESIDENTIAL PROPERTY HELD IN THE COOPERATIVE OR CONDOMINIUM
 FORM OF OWNERSHIP. "PROPERTY" SHALL NOT INCLUDE ANY VACANT LAND.
 S. 9399                             3

   I. "PROPORTIONATE SHARE OF THE ARREARS OF THE DWELLING  UNIT"  IS  THE
 QUOTIENT  OF  THE AMOUNT OF UNPAID REAL PROPERTY TAXES, ASSESSMENTS, AND
 OTHER CHARGES OF A RESIDENTIAL PROPERTY HELD IN THE COOPERATIVE FORM  OF
 OWNERSHIP  DIVIDED  BY  THE  NUMBER OF UNITS THEREIN, INCLUDING DWELLING
 UNITS AND UNITS USED PRIMARILY FOR PROFESSIONAL OR COMMERCIAL PURPOSES.
   J.  "QUALIFIED  GROSS  INCOME" MEANS THE ADJUSTED GROSS INCOME FOR THE
 TAXABLE YEAR AS REPORTED FOR FEDERAL INCOME TAX PURPOSES, OR WHICH WOULD
 BE REPORTED AS ADJUSTED GROSS INCOME IF A FEDERAL INCOME TAX RETURN WERE
 REQUIRED TO BE FILED. IN  COMPUTING  QUALIFIED  GROSS  INCOME,  THE  NET
 AMOUNT  OF  LOSS  REPORTED  ON  FEDERAL SCHEDULE C, D, E, OR F SHALL NOT
 EXCEED THREE THOUSAND DOLLARS PER SCHEDULE.
   K. "SUBSTANTIALLY HIGHER" MEANS NO MORE THAN TWO HUNDRED  SEVENTY-FIVE
 THOUSAND DOLLARS.
   3.  PRIMARY  RESIDENCE. ANY LOCAL LAW ADOPTED PURSUANT TO THIS SECTION
 SHALL ESTABLISH A PROCESS BY WHICH AN OWNER OF A PROPERTY  SHALL  DEMON-
 STRATE PRIMARY RESIDENCE, PROVIDED THAT SUCH LOCAL LAW SHALL NOT REQUIRE
 SUCH  DEMONSTRATION  FROM  AN  OWNER  WHO  RECEIVES  A REAL PROPERTY TAX
 EXEMPTION PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE  OR
 A  SCHOOL  TAX RELIEF CREDIT PURSUANT TO SUBSECTION (EEE) OF SECTION SIX
 HUNDRED SIX OF THE TAX  LAW  FOR  SUCH  PROPERTY  FOR  THE  FISCAL  YEAR
 COMMENCING ON THE FIRST OF JULY, TWO THOUSAND TWENTY-TWO.
   4.  AMOUNT  OF  REBATE. THE AMOUNT OF THE REBATE TO BE PROVIDED BY THE
 COMMISSIONER OF FINANCE SHALL BE THE LESSER OF ONE HUNDRED FIFTY DOLLARS
 OR THE ANNUAL TAX IMPOSED ON THE PROPERTY.
   5.  QUALIFICATION  FOR  REBATE  FOR  RECIPIENTS  OF  STAR  CREDIT   OR
 EXEMPTION.   THE OWNER OF AN ELIGIBLE PROPERTY WHO RECEIVES A REAL PROP-
 ERTY TAX EXEMPTION PURSUANT TO SECTION FOUR HUNDRED TWENTY-FIVE OF  THIS
 TITLE  OR  A  SCHOOL  TAX  RELIEF CREDIT PURSUANT TO SUBSECTION (EEE) OF
 SECTION SIX HUNDRED SIX OF THE TAX LAW FOR THE FISCAL YEAR COMMENCING ON
 THE FIRST OF JULY, TWO THOUSAND TWENTY-TWO AND  SATISFIES  THE  REQUIRE-
 MENTS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL NOT BE REQUIRED
 TO  FILE,  AND  SHALL NOT FILE, AN APPLICATION FOR THE REBATE AUTHORIZED
 PURSUANT TO THIS SECTION. TO THE  EXTENT  THE  COMMISSIONER  OF  FINANCE
 DETERMINES  THAT  SUCH AN OWNER IS NOT ENTITLED TO THE REBATE AUTHORIZED
 PURSUANT TO THIS SECTION, THE COMMISSIONER SHALL SEND TO  SUCH  OWNER  A
 NOTICE OF DENIAL OF THE REBATE.
   6. QUALIFICATION FOR REBATE FOR OWNERS OF AN ELIGIBLE PROPERTY WHO ARE
 NOT  RECIPIENTS  OF STAR CREDIT OR EXEMPTION. A. GENERALLY. THE OWNER OF
 AN ELIGIBLE PROPERTY WHO DOES NOT RECEIVE A REAL PROPERTY TAX  EXEMPTION
 PURSUANT  TO  SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE OR A SCHOOL
 TAX RELIEF CREDIT PURSUANT TO SUBSECTION (EEE) OF  SECTION  SIX  HUNDRED
 SIX  OF THE TAX LAW FOR THE FISCAL YEAR COMMENCING ON THE FIRST OF JULY,
 TWO THOUSAND TWENTY-TWO MAY FILE AN APPLICATION FOR THE  REBATE  AUTHOR-
 IZED  PURSUANT  TO THIS SECTION, PROVIDED THAT, SUCH OWNER SATISFIES THE
 REQUIREMENTS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, AND PROVIDED,
 FURTHER, THAT FOR AN ELIGIBLE PROPERTY THAT SERVES AS THE PRIMARY  RESI-
 DENCE  OF  MORE  THAN  ONE  OWNER, ALL SUCH OWNERS SHALL JOINTLY FILE AN
 APPLICATION FOR SUCH REBATE. NOTWITHSTANDING ANY PROVISION OF ANY GENER-
 AL, SPECIAL OR LOCAL LAW TO THE CONTRARY, AN APPLICATION  FOR  A  REBATE
 AUTHORIZED  PURSUANT  TO THIS SECTION SHALL BE FILED BY ELECTRONIC MEANS
 ON OR BEFORE THE DATE OR DATES ESTABLISHED  IN  THE  LOCAL  LAW  ADOPTED
 PURSUANT  TO THIS SECTION. UPON A SHOWING BY AN APPLICANT THAT FILING AN
 APPLICATION BY ELECTRONIC MEANS IS NOT PRACTICABLE FOR REASONS INCLUDING
 BUT NOT LIMITED TO LACK OF ACCESS TO, OR ABILITY TO USE, THE  TECHNOLOGY
 NEEDED  TO  FILE  BY  ELECTRONIC  MEANS, THE COMMISSIONER OF FINANCE MAY
 GRANT A WAIVER OF THE REQUIREMENT TO FILE SUCH APPLICATION BY ELECTRONIC
 S. 9399                             4
 
 MEANS.  NO REBATE SHALL BE GRANTED PURSUANT TO THIS SECTION  UNLESS  THE
 OWNER  FILES  SUCH  APPLICATION  WITHIN  THE TIME PERIOD OR TIME PERIODS
 PRESCRIBED BY THE LOCAL LAW ADOPTED PURSUANT TO THIS  SECTION.  NO  MORE
 THAN ONE APPLICATION SHALL BE SUBMITTED FOR AN ELIGIBLE PROPERTY.
   B.  APPROVAL  OR DENIAL OF APPLICATION. IF THE COMMISSIONER OF FINANCE
 DETERMINES THAT AN APPLICANT IS ENTITLED TO THE REBATE AUTHORIZED PURSU-
 ANT TO THIS SECTION, THE COMMISSIONER SHALL  APPROVE  SUCH  APPLICATION,
 NOTIFY  SUCH  APPLICANT  OF SUCH APPROVAL, AND GRANT SUCH REBATE TO SUCH
 APPLICANT. IF THE COMMISSIONER OF FINANCE DETERMINES THAT  AN  APPLICANT
 IS  NOT  ENTITLED TO THE REBATE AUTHORIZED PURSUANT TO THIS SECTION, THE
 COMMISSIONER SHALL SEND TO EACH SUCH APPLICANT A  NOTICE  OF  DENIAL  OF
 SUCH  APPLICATION.  SUCH  NOTICE  OF DENIAL SHALL SPECIFY THE REASON FOR
 SUCH DENIAL AND SHALL BE SENT IN A MANNER TO BE PROVIDED IN  LOCAL  LAWS
 OR IN RULES PROMULGATED BY THE COMMISSIONER OF FINANCE.  FAILURE TO SEND
 ANY  SUCH  NOTICE  OF  DENIAL OR THE FAILURE OF ANY APPLICANT TO RECEIVE
 SUCH NOTICE SHALL NOT AFFECT SUCH DENIAL AND SHALL NOT PREVENT THE LEVY,
 COLLECTION AND ENFORCEMENT OF TAXES ON THE PROPERTY OF SUCH APPLICANT.
   C. REVIEW OF SUBMISSION. THE BURDEN  SHALL  BE  ON  THE  APPLICANT  TO
 ESTABLISH  THAT THE PROPERTY IS THE PRIMARY RESIDENCE OF SUCH APPLICANT,
 THAT THE QUALIFIED GROSS INCOME OF ALL THE OWNERS FOR WHOM SUCH PROPERTY
 SERVES AS THEIR PRIMARY RESIDENCE IS TWO HUNDRED FIFTY THOUSAND  DOLLARS
 OR  LESS AND THAT ANY OTHER REQUIREMENTS RELATING TO THE GRANTING OF THE
 REBATE ARE SATISFIED.
   D. 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 ANY
 RULES PROMULGATED BY  THE  COMMISSIONER  OF  FINANCE  PURSUANT  TO  THIS
 SECTION.
   7.  DENIAL AND REVOCATION OF REBATE. A. GENERALLY. THE COMMISSIONER OF
 FINANCE SHALL DENY AN APPLICATION FOR A  REBATE  OR  REVOKE  ANY  REBATE
 AUTHORIZED PURSUANT TO THIS SECTION IF IT APPEARS THAT: (I) THE PROPERTY
 DOES NOT SERVE AS THE PRIMARY RESIDENCE OF THE OWNER WHO HAS APPLIED FOR
 SUCH  REBATE OR WHO RECEIVED THE REAL PROPERTY TAX EXEMPTION PURSUANT TO
 SECTION FOUR HUNDRED TWENTY-FIVE OF THIS TITLE OR A  SCHOOL  TAX  RELIEF
 CREDIT  PURSUANT  TO  SUBSECTION (EEE) OF SECTION SIX HUNDRED SIX OF THE
 TAX LAW FOR SUCH PROPERTY FOR THE FISCAL YEAR COMMENCING ON THE FIRST OF
 JULY, TWO THOUSAND TWENTY-TWO, (II) PRIOR TO THE GRANTING OF THE  REBATE
 AUTHORIZED  PURSUANT  TO  THIS  SECTION,  TITLE TO THE PROPERTY HAS BEEN
 TRANSFERRED TO A NEW OWNER OTHER THAN TO AN IMMEDIATE FAMILY MEMBER  FOR
 WHOM  THE  PROPERTY SERVES AS THE PRIMARY RESIDENCE UNTIL, AT A MINIMUM,
 THE DATE ON WHICH SUCH REBATE IS  GRANTED,  OR  (III)  THE  PROPERTY  IS
 OTHERWISE NO LONGER ELIGIBLE FOR THE REBATE.
   B.  RIGHTS OF OWNERS. UPON DETERMINING THAT A REBATE AUTHORIZED PURSU-
 ANT TO THIS SECTION SHALL BE REVOKED, THE COMMISSIONER OF FINANCE  SHALL
 SEND  A  NOTICE  SO STATING TO THE AFFECTED OWNER AT THE TIME AND IN THE
 MANNER TO BE PROVIDED IN THE LOCAL LAW ADOPTED PURSUANT TO THIS SECTION.
 GRANTING A REBATE AUTHORIZED PURSUANT TO THIS SECTION, DENYING A  REBATE
 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION, DENYING AN APPLICATION FOR
 A  REBATE PURSUANT TO PARAGRAPH B OF SUBDIVISION SIX OF THIS SECTION, OR
 S. 9399                             5
 
 REVOKING A REBATE GRANTED PURSUANT TO THIS SECTION  SHALL  CONSTITUTE  A
 FINAL DETERMINATION OF THE COMMISSIONER OF FINANCE, UNLESS, WITHIN NINE-
 TY  DAYS,  THE  OWNER SEEKS ADMINISTRATIVE REVIEW BY THE COMMISSIONER OF
 FINANCE  OF SUCH DETERMINATION, PROVIDED THAT THE BURDEN SHALL BE ON THE
 OWNER TO ESTABLISH ELIGIBILITY FOR THE REBATE. THE FAILURE  TO  GRANT  A
 REBATE  AUTHORIZED  PURSUANT  TO  THIS  SECTION  TO  AN OWNER WHO IS NOT
 REQUIRED TO SUBMIT AN APPLICATION PURSUANT TO SUBDIVISION FIVE  OF  THIS
 SECTION  AND  WHO  DOES  NOT RECEIVE A NOTICE OF DENIAL PURSUANT TO SUCH
 SUBDIVISION SHALL CONSTITUTE A FINAL DETERMINATION BY  THE  COMMISSIONER
 OF FINANCE UNLESS SUCH OWNER SEEKS ADMINISTRATIVE REVIEW BY SUCH COMMIS-
 SIONER  OF SUCH DETERMINATION NO LATER THAN THE FIRST OF JULY, TWO THOU-
 SAND TWENTY-THREE.
   8. RESTRICTION ON REBATE FOR MARRIED COUPLES WITH TWO  OR  MORE  RESI-
 DENCES.    THE  REBATE AUTHORIZED BY THIS SECTION SHALL BE GRANTED ON NO
 MORE THAN ONE PROPERTY OWNED BY A MARRIED COUPLE,  UNLESS  SUCH  SPOUSES
 ARE LIVING APART DUE TO LEGAL SEPARATION.
   9.  RECORD OF OWNERSHIP OF AN ELIGIBLE PROPERTY. ANY LOCAL LAW ADOPTED
 PURSUANT TO THIS SECTION SHALL REQUIRE THAT  OWNERSHIP  OF  AN  ELIGIBLE
 PROPERTY  BE RECORDED WITH THE CITY REGISTER, THE RICHMOND COUNTY CLERK,
 OR THE AUTOMATED CITY REGISTER INFORMATION SYSTEM BY  THE  THIRTIETH  OF
 JUNE, TWO THOUSAND TWENTY-TWO.
   10.  PROOF  OF  RESIDENCY  AND  INFORMATION  REGARDING QUALIFIED GROSS
 INCOME.  IN ACCORDANCE WITH SUBDIVISIONS ONE AND THREE OF THIS  SECTION,
 THE  COMMISSIONER OF FINANCE MAY REQUEST PROOF OF RESIDENCY AND INFORMA-
 TION RELATING TO QUALIFIED  GROSS  INCOME  FROM  ANY  OWNER  SEEKING  TO
 RECEIVE A REBATE AUTHORIZED PURSUANT TO THIS SECTION.
   11.  REBATE  RETURNED FOR RE-ISSUANCE. THE COMMISSIONER OF FINANCE MAY
 PROVIDE A CREDIT AGAINST THE ANNUAL TAX OF AN ELIGIBLE PROPERTY  IN  THE
 AMOUNT OF THE REBATE WHEN AN OWNER OF AN ELIGIBLE PROPERTY REQUESTS THAT
 A  CHECK  IN THE AMOUNT OF THE REBATE BE RE-ISSUED TO SUCH OWNER, EXCEPT
 THAT NO SUCH CREDIT SHALL BE PROVIDED LATER THAN TWO YEARS FROM THE DATE
 THE REBATE IS GRANTED.
   12. RECOVERY OF ERRONEOUS REBATE. A. IF THE  COMMISSIONER  OF  FINANCE
 DETERMINES  THAT AN OWNER RECEIVED AN ERRONEOUS REBATE, THE COMMISSIONER
 OF FINANCE SHALL RECOVER SUCH ERRONEOUS REBATE, WITHIN SIX YEARS OF  THE
 GRANTING  OF  SUCH  REBATE,  BY  DEDUCTING  THE AMOUNT OF SUCH ERRONEOUS
 REBATE FROM ANY REFUND OTHERWISE PAYABLE TO THE OWNER OF SUCH  PROPERTY,
 AND  ANY BALANCE OF THE AMOUNT OF SUCH ERRONEOUS REBATE REMAINING UNPAID
 SHALL CONSTITUTE A TAX LIEN ON THE PROPERTY OF SUCH OWNER AS OF THE  DUE
 AND  PAYABLE DATE PROVIDED ON THE TAX BILL MAILED BY THE COMMISSIONER OF
 FINANCE CONTAINING SUCH AMOUNT. IF SUCH AMOUNT IS NOT PAID BY  SUCH  DUE
 AND  PAYABLE  DATE,  INTEREST  AT THE RATE APPLICABLE TO DELINQUENT REAL
 PROPERTY TAXES ON SUCH PROPERTY SHALL BE CHARGED AND COLLECTED  ON  SUCH
 AMOUNT FROM THE DUE AND PAYABLE DATE PROVIDED ON SUCH NOTICE TO THE DATE
 OF  PAYMENT.  SUCH  TAX LIEN SHALL BE ENFORCEABLE IN ACCORDANCE WITH THE
 PROVISIONS OF LAW RELATING TO THE ENFORCEMENT OF TAX LIENS IN  ANY  SUCH
 CITY. NO LIEN CREATED PURSUANT TO THIS SECTION SHALL BE ENFORCED AGAINST
 A  SUBSEQUENT  PURCHASER  FOR  VALUE  IN  GOOD  FAITH, PROVIDED THAT THE
 PURCHASE OCCURRED PRIOR TO THE DATE THE AMOUNT OF THE  ERRONEOUS  REBATE
 WAS ENTERED ON THE STATEMENT OF ACCOUNT FOR SUCH PROPERTY. SUCH AUTHORI-
 TY  SHALL  SUPPLEMENT ANY OTHER AUTHORITY OF THE COMMISSIONER OF FINANCE
 TO ENFORCE PAYMENT OF THE ERRONEOUS REBATE BY THE OWNER OF SUCH  PROPER-
 TY.
   B.  TO  THE  EXTENT  A REBATE WAS GRANTED OR CALCULATED IN ERROR UNDER
 THIS SECTION, THE AMOUNT OF THE ERRONEOUS REBATE SHALL BE EQUAL  TO  THE
 S. 9399                             6
 
 DIFFERENCE  BETWEEN  THE AMOUNT OF THE REBATE ORIGINALLY GRANTED AND THE
 AMOUNT TO WHICH THE OWNER WAS ENTITLED.
   13.  PENALTY  FOR MATERIAL MISSTATEMENTS. A. GENERALLY. IF THE COMMIS-
 SIONER OF FINANCE DETERMINES, WITHIN THREE YEARS FROM THE GRANTING OF  A
 REBATE  AUTHORIZED  PURSUANT  TO THIS SECTION, THAT THERE WAS A MATERIAL
 MISSTATEMENT IN AN APPLICATION FILED PURSUANT TO THIS SECTION  AND  THAT
 SUCH  MISSTATEMENT PROVIDED THE BASIS FOR THE GRANTING OF A REBATE UNDER
 THIS SECTION, THE COMMISSIONER OF FINANCE  SHALL  PROCEED  TO  IMPOSE  A
 PENALTY  TAX AGAINST THE PROPERTY OF FIVE HUNDRED DOLLARS IN ADDITION TO
 RECOVERING THE AMOUNT OF ANY ERRONEOUS REBATE UNDER  SUBDIVISION  TWELVE
 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 THAT THE APPLICANT OWNED THE PROPERTY, WHEN
 THE APPLICANT DID NOT; OR
   (3) THE APPLICANT CLAIMED THAT THE QUALIFIED GROSS INCOME OF  ALL  THE
 OWNERS  FOR WHOM SUCH PROPERTY SERVES AS THEIR PRIMARY RESIDENCE WAS TWO
 HUNDRED FIFTY THOUSAND DOLLARS OR LESS, WHEN THE QUALIFIED GROSS  INCOME
 OF SUCH OWNERS WAS A SUBSTANTIALLY HIGHER AMOUNT.
   B.  PROCEDURE.  WHEN  THE  COMMISSIONER  OF  FINANCE DETERMINES THAT A
 PENALTY TAX SHALL BE IMPOSED, THE PENALTY TAX SHALL BE  ENTERED  ON  THE
 NEXT  ENSUING  TENTATIVE  OR  FINAL ASSESSMENT ROLL. EACH OWNER 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.
   14. NON-DISCLOSURE. THE INFORMATION CONTAINED  IN  APPLICATIONS  FILED
 WITH  THE  COMMISSIONER  OF  FINANCE PURSUANT TO SUBDIVISION SIX OF THIS
 SECTION SHALL NOT BE SUBJECT TO DISCLOSURE  UNDER  ARTICLE  SIX  OF  THE
 PUBLIC OFFICERS LAW.
   §  2.  This  act  shall take effect immediately; provided, however, if
 this act shall have become a law after  June  1,  2022,  it  shall  take
 effect  immediately  and  shall be deemed to have been in full force and
 effect on and after June 1, 2022.