S. 2962--A 2
2. "ABATEMENT ZONE." ANY AREA OF A CITY HAVING A POPULATION OF ONE
MILLION OR MORE DESIGNATED BY LOCAL LAW PURSUANT TO THIS TITLE AS AN
ABATEMENT ZONE. ANY TAX LOT THAT IS PARTLY LOCATED INSIDE AN ABATEMENT
ZONE SHALL BE DEEMED TO BE ENTIRELY LOCATED INSIDE SUCH ZONE.
3. "AGGREGATE FLOOR AREA." THE SUM OF THE GROSS AREAS OF THE SEVERAL
FLOORS OF A BUILDING, MEASURED FROM THE EXTERIOR FACES OF EXTERIOR WALLS
OR FROM THE CENTER LINES OF WALLS SEPARATING TWO BUILDINGS.
4. "APPLICANT." THE LANDLORD AND THE TENANT.
5. "BENEFIT PERIOD." THE PERIOD COMMENCING WITH THE FIRST DAY OF THE
MONTH IMMEDIATELY FOLLOWING THE RENT COMMENCEMENT DATE AND TERMINATING
NO LATER THAN ONE HUNDRED TWENTY MONTHS THEREAFTER.
6. "BILLABLE ASSESSED VALUE." THE LESSER OF THE TAXABLE TRANSITIONAL
OR THE TAXABLE ACTUAL ASSESSED VALUE OF THE ELIGIBLE BUILDING AND THE
LAND ON WHICH THE ELIGIBLE BUILDING IS LOCATED FOR THE FISCAL YEAR IN
WHICH THE BENEFIT PERIOD COMMENCES.
7. "COMMERCIAL ACTIVITIES." THE BUYING, SELLING OR OTHERWISE PROVIDING
OF GOODS OR SERVICES BY A SMALL BUSINESS.
8. "DEPARTMENT OF FINANCE." THE DEPARTMENT OF FINANCE OF ANY CITY
HAVING A POPULATION OF ONE MILLION OR MORE.
9. "ELIGIBLE BUILDING." WITH RESPECT TO THE ABATEMENT ZONE DEFINED IN
SUBDIVISION TWO OF THIS SECTION, A NON-RESIDENTIAL OR MIXED-USE BUILDING
WHICH SHALL NOT INCLUDE ANY BUILDING OWNED BY A GOVERNMENTAL AGENCY.
EACH CONDOMINIUM UNIT IN A BUILDING THAT MEETS THE REQUIREMENTS OF THIS
SUBDIVISION SHALL BE CONSIDERED A SEPARATE ELIGIBLE BUILDING.
10. "ELIGIBILITY PERIOD." THE PERIOD COMMENCING APRIL FIRST, TWO THOU-
SAND TWENTY-THREE AND TERMINATING MARCH THIRTY-FIRST, TWO THOUSAND
FORTY-ONE.
11. "ELIGIBLE PREMISES." WITH RESPECT TO THE ABATEMENT ZONE DEFINED IN
SUBDIVISION TWO OF THIS SECTION, PREMISES LOCATED IN AN ELIGIBLE BUILD-
ING THAT (A) ARE OCCUPIED OR USED FOR RETAIL PURPOSES AND (B) ARE OCCU-
PIED OR USED BY A TENANT UNDER A LEASE THAT MEETS THE ELIGIBILITY
REQUIREMENTS OF SECTION FOUR HUNDRED NINETY-NINE-CCCCCC OF THIS TITLE.
12. "FISCAL YEAR." THE FISCAL YEAR OF ANY CITY HAVING A POPULATION OF
ONE MILLION OR MORE.
13. "GOVERNMENTAL AGENCY." THE UNITED STATES OF AMERICA OR ANY AGENCY
OR INSTRUMENTALITY THEREOF, THE STATE OF NEW YORK, THE CITY OF NEW YORK,
ANY PUBLIC CORPORATION (INCLUDING A BODY CORPORATE AND POLITIC CREATED
PURSUANT TO AGREEMENT OR COMPACT BETWEEN THE STATE OF NEW YORK AND ANY
OTHER STATE), PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY OR OTHER
POLITICAL SUBDIVISION OF THE STATE.
14. "LANDLORD." ANY PERSON WHO (A) CONTROLS ALL NON-RESIDENTIAL
PORTIONS OF AN ELIGIBLE BUILDING, INCLUDING, WITHOUT LIMITATION, THE
RECORD OWNER, THE LESSEE UNDER A GROUND LEASE, ANY MORTGAGEE IN
POSSESSION OR ANY RECEIVER, AND (B) WHO GRANTS THE RIGHT TO USE OR OCCU-
PY ELIGIBLE PREMISES TO ANY TENANT, PROVIDED THAT LANDLORD SHALL NOT
INCLUDE ANY LESSEE WHO AT ANY TIME DURING THE LEASE TERM OCCUPIED OR
USED OR OCCUPIES OR USES ANY PART OF THE NON-RESIDENTIAL PORTIONS OF
SUCH ELIGIBLE BUILDING, OTHER THAN PREMISES OCCUPIED OR USED BY SUCH
LESSEE TO PROVIDE RENTAL OR MANAGEMENT SERVICES TO SUCH BUILDING.
15. "LEASE COMMENCEMENT DATE." THE DATE SET FORTH IN THE LEASE ON
WHICH THE TERM OF THE LEASE COMMENCES.
16. "MIXED-USE BUILDING." A BUILDING USED FOR BOTH RESIDENTIAL AND
COMMERCIAL ACTIVITIES, PROVIDED THAT MORE THAN TWENTY-FIVE PER CENTUM OF
THE AGGREGATE FLOOR AREA OF SUCH BUILDING IS USED OR HELD OUT FOR USE AS
COMMERCIAL, COMMUNITY FACILITY OR ACCESSORY USE SPACE.
S. 2962--A 3
17. "PERSON." AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, ASSOCIATION, AGENCY, TRUST, ESTATE, FOREIGN OR DOMESTIC
GOVERNMENT OR SUBDIVISION THEREOF, OR OTHER ENTITY.
18. "RENEWAL TENANT." A PERSON WHO (A) OCCUPIES PREMISES IN AN ELIGI-
BLE BUILDING UNDER A LEASE WHICH EXPIRES DURING THE ELIGIBILITY PERIOD
AND (B) EXECUTES A LEASE FOR THE CONTINUED OCCUPANCY OF ALL OR PART OF
SUCH PREMISES OR ALL OR PART OF SUCH PREMISES AND ADDITIONAL PREMISES IN
SUCH ELIGIBLE BUILDING, PROVIDED SUCH PREMISES ARE ELIGIBLE PREMISES AND
SUCH LEASE MEETS THE ELIGIBILITY REQUIREMENTS OF SECTION FOUR HUNDRED
NINETY-NINE-CCCCCC OF THIS TITLE.
19. "RENT COMMENCEMENT DATE." THE DATE SET FORTH IN THE LEASE ON WHICH
THE OBLIGATION TO PAY BASIC FIXED RENT SHALL COMMENCE.
20. "RETAIL PURPOSES" MEANS ANY ACTIVITY THAT CONSISTS PREDOMINANTLY
OF (A) THE FINAL SALE OF TANGIBLE PERSONAL PROPERTY OR SERVICES BY A
VENDOR AS DEFINED IN SECTION ELEVEN HUNDRED ONE OF THE TAX LAW, (B) THE
SALE OF SERVICES THAT GENERALLY INVOLVE THE PHYSICAL, MENTAL, AND/OR
SPIRITUAL CARE OF INDIVIDUALS OR THE PHYSICAL CARE OF THE PERSONAL PROP-
ERTY OF INDIVIDUALS, (C) THE FINAL SALE OF FOOD AND/OR BEVERAGE BY A
VENDOR AS DEFINED IN SECTION ELEVEN HUNDRED ONE OF THE TAX LAW, INCLUD-
ING THE ASSEMBLY, PROCESSING OR PACKAGING OF GOODS, PROVIDED THAT SALES
OF SUCH TANGIBLE PERSONAL PROPERTY OR SERVICES ARE PREDOMINANTLY TO
PURCHASERS WHO PERSONALLY VISIT THE FACILITIES AT WHICH SUCH SALES ARE
MADE OR SUCH PROPERTY AND SERVICES ARE PROVIDED. "RETAIL PURPOSES" SHALL
NOT INCLUDE HOTEL USES AS DESCRIBED IN SUBDIVISION FOUR OF SECTION FOUR
HUNDRED NINETY-NINE-CCCCCC OF THIS ARTICLE.
21. "SMALL BUSINESS." A BUSINESS ENGAGED IN COMMERCIAL ACTIVITIES THAT
EMPLOYS FIFTY OR FEWER PERSONS.
22. "SUBTENANT." A PERSON WHOSE RIGHT TO OCCUPY AND USE THE ELIGIBLE
PREMISES IS NOT DERIVED FROM A LEASE WITH THE LANDLORD.
23. "TAX COMMISSION." THE TAX COMMISSION IN ANY CITY HAVING A POPU-
LATION OF ONE MILLION OR MORE.
24. "TAX LIABILITY." THE PRODUCT OBTAINED BY MULTIPLYING THE BILLABLE
ASSESSED VALUE FOR THE FISCAL YEAR IN WHICH THE BENEFIT PERIOD COMMENCES
BY THE TAX RATE APPLICABLE TO THE ELIGIBLE BUILDING FOR SUCH FISCAL YEAR
AS SET BY THE LOCAL LEGISLATIVE BODY OF ANY CITY HAVING A POPULATION OF
ONE MILLION OR MORE.
25. "TAX LIABILITY PER SQUARE FOOT." THE TAX LIABILITY DIVIDED BY THE
TOTAL NUMBER OF SQUARE FEET IN THE ELIGIBLE BUILDING, AS LISTED ON THE
RECORDS OF THE DEPARTMENT OF FINANCE.
26. "TENANT." A PERSON, INCLUDING ANY SUCCESSORS IN INTEREST, WHO
EXECUTES A LEASE WITH THE LANDLORD FOR THE RIGHT TO OCCUPY OR USE THE
ELIGIBLE PREMISES AND WHO OCCUPIES OR USES THE ELIGIBLE PREMISES PURSU-
ANT TO SUCH LEASE. TENANT SHALL NOT INCLUDE ANY SUBTENANT. WHEN USED IN
THIS TITLE, "TENANT" INCLUDES "RENEWAL TENANT."
27. "TENANT'S PERCENTAGE SHARE." THE PERCENTAGE OF THE ELIGIBLE
BUILDING'S AGGREGATE FLOOR AREA ALLOCATED TO THE ELIGIBLE PREMISES,
WHICH SHALL BE PRESUMED TO BE SUCH PERCENTAGE AS SET FORTH IN THE LEASE
FOR THE ELIGIBLE PREMISES.
§ 499-BBBBBB. AUTHORITY TO ENACT LOCAL LAW; REAL PROPERTY TAX ABATE-
MENT. 1. ANY CITY HAVING A POPULATION OF ONE MILLION OR MORE, ACTING
THROUGH ITS LOCAL LEGISLATIVE BODY, IS AUTHORIZED AND EMPOWERED TO
DETERMINE THAT INCENTIVES IN THE FORM OF ABATEMENT OF REAL PROPERTY
TAXES ARE NECESSARY TO ENCOURAGE VIBRANT NEIGHBORHOOD SMALL BUSINESS
ACTIVITY IN DESIGNATED AREAS OF SUCH CITY, TO ENACT A LOCAL LAW PROVID-
ING THAT SUCH BENEFITS SHALL BE PROVIDED IN THE MANNER SET FORTH IN THIS
S. 2962--A 4
TITLE, AND TO DESIGNATE BY LOCAL LAW THE BOUNDARIES OF ONE OR MORE
ABATEMENT ZONES IN WHICH SUCH BENEFITS SHALL BE PROVIDED.
2. WITHIN AN ABATEMENT ZONE SO DESIGNATED, ELIGIBLE BUILDINGS CONTAIN-
ING ELIGIBLE PREMISES SHALL RECEIVE AN ABATEMENT OF REAL PROPERTY
TAXES DURING THE BENEFIT PERIOD AS FOLLOWS:
(A) FOR EACH OF THE FIRST FIVE YEARS OF THE BENEFIT PERIOD, THE ABATE-
MENT SHALL BE EQUAL TO THE PRODUCT OBTAINED BY (I) MULTIPLYING THE
TENANT'S PERCENTAGE SHARE BY THE NUMBER OF SQUARE FEET IN THE ELIGIBLE
BUILDING, AS LISTED ON THE RECORDS OF THE DEPARTMENT OF FINANCE AND (II)
MULTIPLYING THE PRODUCT OBTAINED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH
BY THE ABATEMENT BASE;
(B) FOR THE SIXTH, SEVENTH, AND EIGHTH YEAR OF THE BENEFIT PERIOD, THE
ABATEMENT SHALL BE EQUAL TO TWO-THIRDS OF THE ABATEMENT IN THE FIRST
YEAR OF THE BENEFIT PERIOD; AND
(C) FOR THE NINTH AND TENTH YEAR OF THE BENEFIT PERIOD, THE ABATEMENT
SHALL BE EQUAL TO ONE-THIRD OF THE ABATEMENT IN THE FIRST YEAR OF THE
BENEFIT PERIOD.
3. IF, AS A RESULT OF APPLICATION TO THE TAX COMMISSION OR A COURT
ORDER OR ACTION BY THE DEPARTMENT OF FINANCE, THE BILLABLE ASSESSED
VALUE IS REDUCED, THE DEPARTMENT OF FINANCE SHALL RECALCULATE THE ABATE-
MENT UTILIZING SUCH REDUCED BILLABLE ASSESSED VALUE. THE AMOUNT EQUAL TO
THE DIFFERENCE BETWEEN THE ABATEMENT ORIGINALLY GRANTED AND THE ABATE-
MENT AS SO RECALCULATED SHALL BE DEDUCTED FROM ANY REFUND OTHERWISE
PAYABLE OR REMISSION OTHERWISE DUE AS A RESULT OF SUCH REDUCTION IN
BILLABLE ASSESSED VALUE, AND ANY BALANCE OF SUCH AMOUNT REMAINING UNPAID
AFTER MAKING ANY SUCH DEDUCTION SHALL BE PAID TO THE DEPARTMENT OF
FINANCE WITHIN THIRTY DAYS FROM THE DATE OF MAILING BY THE DEPARTMENT OF
FINANCE OF A NOTICE OF THE AMOUNT PAYABLE. SUCH AMOUNT PAYABLE SHALL
CONSTITUTE A TAX LIEN ON THE ELIGIBLE BUILDING AS OF THE DATE OF SUCH
NOTICE AND, IF NOT PAID WITHIN SUCH THIRTY-DAY PERIOD, PENALTY AND
INTEREST AT THE RATE APPLICABLE TO DELINQUENT TAXES ON SUCH ELIGIBLE
BUILDING SHALL BE CHARGED AND COLLECTED ON SUCH AMOUNT FROM THE DATE OF
SUCH NOTICE TO THE DATE OF PAYMENT.
4. IN NO EVENT SHALL THE ABATEMENT FOR THE ELIGIBLE PREMISES GRANTED
PURSUANT TO THIS TITLE EXCEED THE TAX LIABILITY ALLOCABLE TO THE ELIGI-
BLE PREMISES.
5. NOTWITHSTANDING THE PROVISIONS OF ANY LEASE FOR OCCUPANCY OF NON-
ELIGIBLE PREMISES IN AN ELIGIBLE BUILDING OR FOR OCCUPANCY OF ELIGIBLE
PREMISES FOR WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT
TO THIS TITLE, A LESSEE OF NON-ELIGIBLE PREMISES OR OF ELIGIBLE PREMISES
FOR WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT TO THIS
TITLE SHALL NOT BE ENTITLED TO RECEIVE DIRECTLY OR INDIRECTLY A
REDUCTION IN EITHER THE REAL PROPERTY TAXES OR ANY RENT (INCLUDING ADDI-
TIONAL RENT) PAYABLE PURSUANT TO SUCH LEASE WHERE SUCH REDUCTION WOULD
RESULT FROM AN ABATEMENT OF REAL PROPERTY TAXES GRANTED PURSUANT TO THIS
TITLE. A LANDLORD OF AN ELIGIBLE BUILDING SHALL NOT ALLOCATE, CREDIT,
ASSIGN OR DISBURSE ANY PORTION OF AN ABATEMENT GRANTED PURSUANT TO THIS
TITLE TO A LESSEE OF NON-ELIGIBLE PREMISES OR OF ELIGIBLE PREMISES FOR
WHICH NO CERTIFICATE OF ABATEMENT HAS BEEN ISSUED PURSUANT TO THIS
TITLE. A LANDLORD SHALL NOT BE REQUIRED TO REDUCE THE REAL PROPERTY
TAXES OR ANY RENT (INCLUDING ADDITIONAL RENT) PAYABLE BY RENEWAL TENANTS
BY AN AMOUNT THAT EXCEEDS THE FULL AMOUNT OF THE ABATEMENT GRANTED
PURSUANT TO THIS TITLE, BUT A LANDLORD SHALL BE REQUIRED TO REDUCE THE
REAL PROPERTY TAXES OR ANY RENT (INCLUDING ADDITIONAL RENT) PAYABLE BY
RENEWAL TENANTS BY AN AMOUNT THAT, IN THE AGGREGATE, EQUALS THE FULL
AMOUNT OF THE ABATEMENT GRANTED PURSUANT TO THIS TITLE. SUCH REDUCTION
S. 2962--A 5
SHALL BE ALLOCATED IN ACCORDANCE WITH THE ABATEMENT GRANTED FOR THE
ELIGIBLE PREMISES OCCUPIED BY EACH SUCH TENANT.
6. A TENANT WHO OCCUPIES OR USES ELIGIBLE PREMISES FOR WHICH A CERTIF-
ICATE OF ABATEMENT IS ISSUED PURSUANT TO THIS TITLE SHALL NOT BE ELIGI-
BLE TO RECEIVE A SECOND CERTIFICATE OF ABATEMENT FOR THE SAME ELIGIBLE
PREMISES. A TENANT WHO OCCUPIES OR USES ELIGIBLE PREMISES FOR WHICH A
CERTIFICATE OF ABATEMENT IS ISSUED PURSUANT TO THIS TITLE AND WHO, UPON
THE EXPIRATION OF THE LEASE FOR SUCH ELIGIBLE PREMISES, RELOCATES TO
OTHERWISE ELIGIBLE PREMISES, SHALL NOT BE ELIGIBLE TO RECEIVE A CERTIF-
ICATE OF ABATEMENT FOR SUCH OTHERWISE ELIGIBLE PREMISES, EXCEPT TO THE
EXTENT THAT THE SQUARE FOOTAGE OF SUCH OTHERWISE ELIGIBLE PREMISES
EXCEEDS THE SQUARE FOOTAGE OF ALL ELIGIBLE PREMISES PREVIOUSLY OCCUPIED
OR USED BY SUCH TENANT FOR WHICH SUCH TENANT HELD A CERTIFICATE OF
ABATEMENT. IF THE SQUARE FOOTAGE OF SUCH OTHERWISE ELIGIBLE PREMISES
EXCEEDS THE SQUARE FOOTAGE OF ALL SUCH ELIGIBLE PREMISES PREVIOUSLY
OCCUPIED OR USED BY SUCH TENANT AND IF THERE IS ANY VARIATION IN THE TAX
LIABILITY PER SQUARE FOOT OF SUCH OTHERWISE ELIGIBLE PREMISES, THEN, FOR
PURPOSES OF DETERMINING WHICH SQUARE FOOTAGE IN SUCH OTHERWISE ELIGIBLE
PREMISES IS ENTITLED TO AN ABATEMENT PURSUANT TO THIS TITLE, SQUARE
FOOTAGE WITH THE GREATEST TAX LIABILITY PER SQUARE FOOT, IN AN AMOUNT
EQUAL TO THE SQUARE FOOTAGE OF ALL SUCH ELIGIBLE PREMISES PREVIOUSLY
OCCUPIED OR USED BY SUCH TENANT, SHALL FIRST BE EXCLUDED.
§ 499-CCCCCC. ELIGIBILITY REQUIREMENTS. 1. NO ABATEMENT SHALL BE
GRANTED PURSUANT TO THIS TITLE UNLESS:
(A) THE LANDLORD ENTERS INTO A TEN YEAR LEASE FOR ELIGIBLE PREMISES
WITH A TENANT AND (B) SUCH LANDLORD INCLUDES WITHIN SUCH LEASE WITH A
TENANT A RENEWAL CLAUSE THAT LIMITS A RENT INCREASE TO NO MORE THAN
THREE PERCENT ANNUALLY.
2. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE IF AN APPLI-
CANT SHALL FAIL TO MEET ANY OF THE REQUIREMENTS OF THIS TITLE WITHIN
SIXTY DAYS OF THE RENT COMMENCEMENT DATE.
3. FOR PURPOSES OF THIS TITLE, THE EXPIRATION DATE OF A LEASE SHALL BE
DETERMINED BY THE EXPIRATION DATE SET FORTH IN SUCH LEASE, WITHOUT
GIVING EFFECT TO ANY RIGHTS OF THE LANDLORD OR THE TENANT TO TERMINATE
SUCH LEASE PRIOR TO THE EXPIRATION DATE SET FORTH THEREIN.
4. THE LEASE FOR THE ELIGIBLE PREMISES SHALL CONTAIN THE FOLLOWING
PROVISIONS:
(A) A STATEMENT OF THE TENANT'S PERCENTAGE SHARE;
(B) A STATEMENT CERTIFYING THE PERCENTAGE OF ELIGIBLE PREMISES OCCU-
PIED OR USED FOR RETAIL PURPOSES, AS DEFINED IN SUBDIVISION TWENTY OF
SECTION FOUR HUNDRED NINETY-NINE-AAAAAA OF THIS TITLE; AND
(C) A STATEMENT INFORMING THE TENANT IN AT LEAST TWELVE-POINT TYPE
THAT:
(1) AN APPLICATION FOR ABATEMENT OF REAL PROPERTY TAXES PURSUANT TO
THIS TITLE WILL BE MADE FOR THE PREMISES;
(2) THE RENT, INCLUDING AMOUNTS PAYABLE BY THE TENANT FOR REAL PROPER-
TY TAXES, WILL ACCURATELY REFLECT ANY ABATEMENT OF REAL PROPERTY TAXES
GRANTED PURSUANT TO THIS TITLE FOR THE PREMISES;
(3) A RENEWAL OF THE LEASE WILL NOT INCREASE RENT BY MORE THAN THREE
PERCENT ANNUALLY PURSUANT TO THE LEASE AGREEMENT;
(4) ALL ABATEMENTS GRANTED WITH RESPECT TO A BUILDING PURSUANT TO THIS
TITLE WILL BE REVOKED IF, DURING THE BENEFIT PERIOD, REAL ESTATE TAXES
OR WATER OR SEWER CHARGES OR OTHER LIENABLE CHARGES ARE UNPAID FOR MORE
THAN ONE YEAR, UNLESS SUCH DELINQUENT AMOUNTS ARE PAID AS PROVIDED IN
SUBDIVISION FOUR OF SECTION FOUR HUNDRED NINETY-NINE-FFFFFF OF THIS
TITLE; AND
S. 2962--A 6
(5) ALL BENEFITS GRANTED WITH RESPECT TO ELIGIBLE PREMISES WILL BE
REDUCED IF, DURING THE BENEFIT PERIOD, THE AGGREGATE FLOOR AREA OF SUCH
ELIGIBLE PREMISES OCCUPIED OR USED FOR COMMERCIAL ACTIVITIES, AS DEFINED
IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED NINETY-NINE-AAAAAA OF THIS
TITLE, IS REDUCED.
5. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE IF:
(A) THE LEASE FOR THE ELIGIBLE PREMISES PROVIDES THAT DURING THE
INITIAL LEASE TERM REQUIRED BY SUBDIVISION ONE OF THIS SECTION EITHER
THE LANDLORD OR THE TENANT MAY TERMINATE SUCH LEASE PRIOR TO THE EXPIRA-
TION DATE OF SUCH REQUIRED INITIAL LEASE TERM; PROVIDED THAT SUCH LEASE
MAY PROVIDE THAT EITHER THE LANDLORD OR THE TENANT MAY TERMINATE SUCH
LEASE IF (1) THE OTHER PARTY IS IN DEFAULT OF ANY OF SUCH PARTY'S OBLI-
GATIONS UNDER THE LEASE, (2) THE ELIGIBLE PREMISES ARE DAMAGED OR
DESTROYED BY FIRE OR OTHER CASUALTY, (3) THE ELIGIBLE PREMISES ARE
RENDERED UNUSABLE FOR ANY REASON NOT ATTRIBUTABLE TO ANY ACT OR FAILURE
TO ACT OF EITHER TENANT OR LANDLORD, OR (4) THE ELIGIBLE PREMISES ARE
ACQUIRED BY EMINENT DOMAIN; AND
(B) THERE ARE REAL PROPERTY TAXES, WATER OR SEWER CHARGES OR OTHER
LIENABLE CHARGES CURRENTLY DUE AND OWING ON THE ELIGIBLE BUILDING WHICH
IS THE SUBJECT OF AN APPLICATION FOR ABATEMENT PURSUANT TO THIS TITLE,
UNLESS SUCH REAL PROPERTY TAXES OR CHARGES ARE CURRENTLY BEING PAID IN
TIMELY INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT
OF FINANCE OR OTHER APPROPRIATE AGENCY.
6. NO ABATEMENT SHALL BE GRANTED PURSUANT TO THIS TITLE UNLESS THE
APPLICANT SHALL FILE, TOGETHER WITH THE APPLICATION, AN AFFIDAVIT
SETTING FORTH THE FOLLOWING INFORMATION:
(A) A STATEMENT THAT WITHIN THE SEVEN YEARS IMMEDIATELY PRECEDING THE
DATE OF APPLICATION FOR A CERTIFICATE OF ABATEMENT, NEITHER THE APPLI-
CANT NOR ANY PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILD-
ING AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, NOR ANY OFFICER,
DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR SUCH PERSON WAS FINALLY
ADJUDICATED BY A COURT OF COMPETENT JURISDICTION TO HAVE VIOLATED
SECTION TWO HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY SECTION
OF ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR ARSON LAW
OF ANOTHER JURISDICTION WITH RESPECT TO ANY BUILDING, OR WAS AN OFFICER,
DIRECTOR OR GENERAL PARTNER OF A PERSON AT THE TIME SUCH PERSON WAS
FINALLY ADJUDICATED TO HAVE VIOLATED SUCH LAW; AND
(B) A STATEMENT SETTING FORTH ANY PENDING CHARGES ALLEGING VIOLATION
OF SECTION TWO HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY
SECTION OF ARTICLE ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR
ARSON LAW OF ANOTHER JURISDICTION WITH RESPECT TO ANY BUILDING BY THE
APPLICANT OR ANY PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE
BUILDING AS DEFINED IN PARAGRAPH (C) OF THIS SUBDIVISION, OR ANY OFFI-
CER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR SUCH PERSON, OR ANY
PERSON FOR WHOM THE APPLICANT OR PERSON OWNING A SUBSTANTIAL INTEREST IN
THE ELIGIBLE BUILDING IS AN OFFICER, DIRECTOR OR GENERAL PARTNER.
(C) FOR PURPOSES OF THIS SUBDIVISION AND SUBDIVISION SEVEN OF SECTION
FOUR HUNDRED NINETY-NINE-FFFFFF OF THIS TITLE, "SUBSTANTIAL INTEREST"
SHALL MEAN OWNERSHIP AND CONTROL OF AN INTEREST OF TEN PER CENTUM OR
MORE IN THE ELIGIBLE BUILDING OR IN ANY PERSON OWNING THE ELIGIBLE
BUILDING.
§ 499-DDDDDD. APPLICATION FOR CERTIFICATE OF ABATEMENT. 1. APPLICA-
TION FOR A CERTIFICATE OF ABATEMENT MAY BE MADE ON OR AFTER APRIL FIRST,
TWO THOUSAND TWENTY-THREE AND UNTIL SIXTY DAYS AFTER THE END OF THE
ELIGIBILITY PERIOD. APPLICATIONS SHALL BE FILED WITH THE DEPARTMENT OF
S. 2962--A 7
FINANCE. NO APPLICATION MAY BE FILED PRIOR TO THE DATE ON WHICH THE
LEASE FOR THE ELIGIBLE PREMISES IS EXECUTED BY THE LANDLORD AND TENANT.
2. NO ABATEMENT PURSUANT TO THIS TITLE SHALL BE GRANTED UNLESS THE
APPLICANT FILES AN APPLICATION FOR A CERTIFICATE OF ABATEMENT WITHIN
SIXTY DAYS FOLLOWING THE LEASE COMMENCEMENT DATE.
3. IN ADDITION TO ANY OTHER INFORMATION REQUIRED BY THE DEPARTMENT OF
FINANCE, THE APPLICATION FOR A CERTIFICATE OF ABATEMENT SHALL INCLUDE AN
ABSTRACT OF THE LEASE FOR THE ELIGIBLE PREMISES FOR WHICH AN ABATEMENT
IS BEING SOUGHT, WHICH ABSTRACT IS SIGNED BY THE LANDLORD AND THE
TENANT. SUCH ABSTRACT SHALL INCLUDE THE TENANT'S PERCENTAGE SHARE, THE
LEASE COMMENCEMENT DATE, THE RENT COMMENCEMENT DATE, THE EXPIRATION DATE
FOR SUCH LEASE AND A DESCRIPTION OF THE LEASE RENEWAL CLAUSE, INCLUDING
THE ANNUAL RENT INCREASE PERCENTAGE. SUCH APPLICATION SHALL ALSO INCLUDE
(I) A STATEMENT OF THE NUMBER OF PERSONS WHO WILL, ON THE RENT COMMENCE-
MENT DATE, BE EMPLOYED IN THE ELIGIBLE PREMISES, (II) A STATEMENT OF THE
LOCATION OF ALL COMMERCIAL SPACE IN THE CITY OF NEW YORK OCCUPIED BY THE
TENANT PRIOR TO THE EXECUTION OF THE LEASE FOR THE ELIGIBLE PREMISES,
(III) THE COMMENCEMENT AND EXPIRATION DATES OF ALL LEASES FOR ELIGIBLE
PREMISES, AND (IV) THE AGGREGATE FLOOR AREA OF THE ELIGIBLE BUILDING.
SUCH APPLICATION SHALL ALSO STATE THAT THE APPLICANT AGREES TO COMPLY
WITH AND BE SUBJECT TO THE RULES ISSUED FROM TIME TO TIME BY THE DEPART-
MENT OF FINANCE.
4. WITHIN ONE HUNDRED EIGHTY DAYS FOLLOWING THE LEASE COMMENCEMENT
DATE, THE APPLICANT SHALL PROVIDE, IN ADDITION TO ANY OTHER INFORMATION
REQUIRED BY THE DEPARTMENT OF FINANCE, EVIDENCE ACCEPTABLE TO THE
DEPARTMENT OF FINANCE OF THE NUMBER OF EMPLOYEES IN THE ELIGIBLE PREM-
ISES. THE DEPARTMENT OF FINANCE SHALL ISSUE A CERTIFICATE OF ABATEMENT
UPON DETERMINING THAT THE APPLICANT HAS SUBMITTED PROOF ACCEPTABLE TO
THE DEPARTMENT OF FINANCE THAT THE APPLICANT HAS MET THE REQUIREMENTS
SET FORTH IN THIS TITLE.
5. THE BURDEN OF PROOF SHALL BE ON THE APPLICANT TO SHOW BY CLEAR AND
CONVINCING EVIDENCE THAT THE REQUIREMENTS FOR GRANTING A CERTIFICATE OF
ABATEMENT HAVE BEEN SATISFIED. THE DEPARTMENT OF FINANCE SHALL HAVE THE
AUTHORITY TO REQUIRE THAT STATEMENTS IN CONNECTION WITH SUCH APPLICATION
BE MADE UNDER OATH.
6. THE DEPARTMENT OF FINANCE MAY PROVIDE BY RULE FOR REASONABLE ADMIN-
ISTRATIVE CHARGES OR FEES NECESSARY TO DEFRAY EXPENSES IN ADMINISTERING
THE ABATEMENT PROGRAM PROVIDED BY THIS TITLE.
§ 499-EEEEEE. ENFORCEMENT AND ADMINISTRATION. THE DEPARTMENT OF
FINANCE SHALL HAVE, IN ADDITION TO ANY OTHER FUNCTIONS, POWERS AND
DUTIES WHICH HAVE BEEN OR MAY BE CONFERRED ON IT BY LAW, THE FOLLOWING
FUNCTIONS, POWERS AND DUTIES:
1. TO RECEIVE AND REVIEW APPLICATIONS FOR CERTIFICATES OF ABATEMENT
UNDER THIS TITLE AND ISSUE SUCH CERTIFICATES WHERE AUTHORIZED PURSUANT
TO THIS TITLE.
2. TO RECEIVE ALL CERTIFICATES OF CONTINUING ELIGIBILITY REQUIRED BY
SECTION FOUR HUNDRED NINETY-NINE-FFFFFF OF THIS TITLE.
3. TO COLLECT ALL REAL PROPERTY TAXES, WITH INTEREST AND PENALTY, DUE
AND OWING AS A RESULT OF REDUCTION, TERMINATION OR REVOCATION OF ANY
ABATEMENT GRANTED PURSUANT TO THIS TITLE.
4. TO MAKE AND PROMULGATE RULES TO CARRY OUT THE PURPOSES OF THIS
TITLE.
§ 499-FFFFFF. REPORTING REQUIREMENTS; REVOCATION OF ABATEMENTS. 1.
FOR THE DURATION OF THE APPLICANT'S BENEFIT PERIOD, THE APPLICANT SHALL
FILE ANNUALLY WITH THE DEPARTMENT OF FINANCE, ON OR BEFORE JULY FIRST OF
EACH YEAR, A CERTIFICATE OF CONTINUING ELIGIBILITY CONFIRMING THAT THE
S. 2962--A 8
ELIGIBLE PREMISES ARE OCCUPIED BY THE TENANT WHO ORIGINALLY EXECUTED THE
LEASE AND THAT THE ELIGIBLE PREMISES ARE BEING USED FOR THE PURPOSES
DESCRIBED IN THE APPLICATION. SUCH CERTIFICATE OF CONTINUING ELIGIBIL-
ITY SHALL BE ON A FORM PRESCRIBED BY THE DEPARTMENT OF FINANCE AND SHALL
CONTAIN SUCH ADDITIONAL INFORMATION AS THE DEPARTMENT OF FINANCE SHALL
REQUIRE. THE DEPARTMENT OF FINANCE SHALL HAVE THE AUTHORITY TO TERMINATE
ABATEMENTS GRANTED PURSUANT TO THIS TITLE UPON FAILURE OF AN APPLICANT
TO FILE SUCH CERTIFICATE BY SUCH JULY FIRST DATE. THE BURDEN OF PROOF
SHALL BE ON THE APPLICANT TO ESTABLISH CONTINUING ELIGIBILITY FOR BENE-
FITS AND THE DEPARTMENT OF FINANCE SHALL HAVE THE AUTHORITY TO REQUIRE
THAT STATEMENTS MADE IN SUCH CERTIFICATE SHALL BE MADE UNDER OATH.
2. THE DEPARTMENT OF FINANCE SHALL REVOKE ANY ABATEMENT GRANTED PURSU-
ANT TO THIS TITLE WHEN THE TENANT WHO ORIGINALLY EXECUTED THE LEASE IS
NO LONGER OCCUPYING THE ELIGIBLE PREMISES. SUCH REVOCATION SHALL BE
RETROACTIVE TO THE DATE THAT SUCH TENANT VACATED THE ELIGIBLE PREMISES
AND THE DEPARTMENT OF FINANCE SHALL REQUIRE THE LANDLORD TO PAY, WITH
INTEREST, ANY TAXES WHICH BECOME PAYABLE AS A RESULT OF SUCH REVOCATION.
THE LANDLORD SHALL NOTIFY THE DEPARTMENT OF FINANCE WITHIN THIRTY DAYS
FOLLOWING THE DATE ON WHICH SUCH TENANT VACATED THE ELIGIBLE PREMISES
AND, FOR FAILURE TO COMPLY WITH THIS NOTIFICATION REQUIREMENT, SHALL BE
LIABLE FOR A PENALTY CALCULATED FOR THE SAME PERIOD AS INTEREST IS
CALCULATED PURSUANT TO THE PRECEDING SENTENCE.
3. IF ANY PORTION OF THE PREMISES FOR WHICH AN ABATEMENT HAS BEEN
GRANTED PURSUANT TO THIS TITLE CEASES TO BE OCCUPIED OR USED AS ELIGIBLE
PREMISES OR IS OCCUPIED BY A SUBTENANT, THE DEPARTMENT OF FINANCE SHALL
REDUCE THE ABATEMENT GRANTED PURSUANT TO THIS TITLE BY AN AMOUNT EQUAL
TO THE PERCENTAGE OF SUCH ELIGIBLE PREMISES WHICH HAS CEASED TO BE OCCU-
PIED OR USED AS ELIGIBLE PREMISES OR IS OCCUPIED BY A SUBTENANT. SUCH
REDUCTION SHALL BE RETROACTIVE TO THE DATE THAT SUCH PREMISES CEASED TO
BE OCCUPIED OR USED AS ELIGIBLE PREMISES OR WAS OCCUPIED BY A SUBTENANT,
AND THE DEPARTMENT OF FINANCE SHALL REQUIRE THE LANDLORD TO PAY, WITH
INTEREST, ANY TAXES WHICH BECOME PAYABLE AS A RESULT OF SUCH REDUCTION.
THE LANDLORD SHALL NOTIFY THE DEPARTMENT OF FINANCE WITHIN THIRTY DAYS
FOLLOWING THE DATE ON WHICH THE PREMISES CEASED TO BE OCCUPIED OR USED
AS ELIGIBLE PREMISES OR WAS OCCUPIED BY A SUBTENANT AND, FOR FAILURE TO
COMPLY WITH THIS NOTIFICATION REQUIREMENT, SHALL BE LIABLE FOR PENALTY
CALCULATED FOR THE SAME PERIOD AS INTEREST IS CALCULATED PURSUANT TO THE
PRECEDING SENTENCE.
4. IF, DURING THE BENEFIT PERIOD, ANY REAL PROPERTY TAX OR WATER OR
SEWER CHARGE OR OTHER LIENABLE CHARGE DUE AND PAYABLE WITH RESPECT TO AN
ELIGIBLE BUILDING SHALL REMAIN UNPAID FOR AT LEAST ONE YEAR FOLLOWING
THE DATE UPON WHICH SUCH TAX OR CHARGE BECAME DUE AND PAYABLE, ALL
ABATEMENTS GRANTED PURSUANT TO THIS TITLE WITH RESPECT TO SUCH BUILDING
SHALL BE REVOKED, UNLESS WITHIN THIRTY DAYS FROM THE MAILING OF A NOTICE
OF REVOCATION BY THE DEPARTMENT OF FINANCE SATISFACTORY PROOF IS
PRESENTED TO THE DEPARTMENT OF FINANCE THAT ANY AND ALL DELINQUENT TAXES
AND CHARGES OWING WITH RESPECT TO SUCH BUILDING AS OF THE DATE OF SUCH
NOTICE HAVE BEEN PAID IN FULL OR ARE CURRENTLY BEING PAID IN TIMELY
INSTALLMENTS PURSUANT TO A WRITTEN AGREEMENT WITH THE DEPARTMENT OF
FINANCE OR OTHER APPROPRIATE AGENCY. ANY REVOCATION PURSUANT TO THIS
SUBDIVISION SHALL BE EFFECTIVE WITH RESPECT TO REAL PROPERTY TAXES WHICH
BECOME DUE AND PAYABLE FOLLOWING THE DATE OF SUCH REVOCATION.
5. THE DEPARTMENT OF FINANCE MAY DENY, REDUCE, SUSPEND, TERMINATE OR
REVOKE ANY ABATEMENT GRANTED PURSUANT TO THIS TITLE WHENEVER:
S. 2962--A 9
(A) THE LANDLORD OR THE TENANT RECEIVING ABATEMENT PURSUANT TO THIS
TITLE FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE OR THE RULES
PROMULGATED HEREUNDER; OR
(B) AN APPLICATION, CERTIFICATE, 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, AND MAY DECLARE ANY APPLICANT
WHO MAKES SUCH FALSE OR MISLEADING STATEMENT OR OMISSION TO BE INELIGI-
BLE FOR FUTURE ABATEMENT PURSUANT TO THIS TITLE FOR THE SAME OR OTHER
PROPERTY. IN ADDITION, THE DEPARTMENT OF FINANCE SHALL REQUIRE THE
APPLICANT TO PAY, WITH PENALTY AND INTEREST, ANY ABATEMENT RECEIVED
PURSUANT TO THIS TITLE AS A RESULT OF SUCH FALSE OR MISLEADING STATEMENT
OR OMISSION OF A MATERIAL FACT.
6. NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE DEPARTMENT
OF FINANCE SHALL DENY, TERMINATE OR REVOKE ANY ABATEMENT APPLIED FOR OR
GRANTED PURSUANT TO THIS TITLE UPON A DETERMINATION THAT THE LEASE
BETWEEN THE LANDLORD AND THE TENANT DOES NOT CONSTITUTE A BONA FIDE
ARM'S LENGTH LEASE. IN MAKING SUCH DETERMINATION, THE DEPARTMENT OF
FINANCE MAY CONSIDER, AMONG OTHER FACTORS, THE RELATIONSHIP, IF ANY,
BETWEEN THE LANDLORD AND THE TENANT AND WHETHER THE BUSINESS TERMS OF
SUCH LEASE ARE CONSISTENT WITH THE BUSINESS TERMS GENERALLY FOUND IN
LEASES FOR COMPARABLE SPACE.
7. (A) IF ANY PERSON DESCRIBED IN THE STATEMENT REQUIRED BY PARAGRAPH
(B) OF SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-NINE-CCCCCC OF
THIS TITLE OR PARAGRAPH (B) OF THIS SUBDIVISION IS FINALLY ADJUDICATED
BY A COURT OF COMPETENT JURISDICTION TO BE GUILTY OF ANY CHARGE LISTED
IN SUCH STATEMENT, THE DEPARTMENT OF FINANCE SHALL REVOKE THE ABATEMENT
GRANTED PURSUANT TO THIS TITLE AND SHALL REQUIRE THE PAYMENT, WITH
INTEREST, OF ANY ABATEMENT RECEIVED PURSUANT TO THIS TITLE.
(B) THE APPLICANT SHALL, ON THE CERTIFICATE OF CONTINUING ELIGIBILITY,
STATE WHETHER ANY CHARGES ALLEGING VIOLATION BY THE APPLICANT OR ANY
PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING, OR ANY
OFFICER, DIRECTOR OR GENERAL PARTNER OF THE APPLICANT OR PERSON OWNING A
SUBSTANTIAL INTEREST IN THE ELIGIBLE BUILDING, OR ANY PERSON FOR WHOM
THE APPLICANT OR PERSON OWNING A SUBSTANTIAL INTEREST IN THE ELIGIBLE
BUILDING IS AN OFFICER, DIRECTOR OR GENERAL PARTNER, OF SECTION TWO
HUNDRED THIRTY-FIVE OF THE REAL PROPERTY LAW OR ANY SECTION OF ARTICLE
ONE HUNDRED FIFTY OF THE PENAL LAW OR ANY SIMILAR ARSON LAW OF ANOTHER
JURISDICTION, ARE PENDING. FOR PURPOSES OF THIS PARAGRAPH, "SUBSTANTIAL
INTEREST" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARAGRAPH (C) OF
SUBDIVISION SIX OF SECTION FOUR HUNDRED NINETY-NINE-CCCCCC OF THIS
TITLE.
§ 499-GGGGGG. TAX LIEN; INTEREST AND PENALTY. ALL TAXES, WITH INTER-
EST, REQUIRED TO BE PAID RETROACTIVELY PURSUANT TO THIS TITLE SHALL
CONSTITUTE A TAX LIEN AS OF THE DATE IT IS DETERMINED SUCH TAXES AND
INTEREST ARE OWED. ALL INTEREST SHALL BE CALCULATED FROM THE DATE THE
TAXES WOULD HAVE BEEN DUE BUT FOR THE ABATEMENT GRANTED PURSUANT TO THIS
TITLE AT THE APPLICABLE RATE OR RATES OF INTEREST IMPOSED BY SUCH CITY
GENERALLY FOR NON-PAYMENT OF REAL PROPERTY TAX WITH RESPECT TO THE
ELIGIBLE BUILDING FOR THE PERIOD IN QUESTION. WHEN A PROVISION OF THIS
TITLE REQUIRES THE PAYMENT OF A PENALTY IN ADDITION TO INTEREST, THE
AMOUNT OF SUCH PENALTY SHALL BE EQUAL TO THE AMOUNT OF INTEREST THAT
WOULD HAVE BEEN PAYABLE PURSUANT TO SUCH PROVISION HAD SUCH INTEREST
BEEN CALCULATED AT THE RATE OF THREE PERCENT PER ANNUM.
§ 499-HHHHHH. CONFIDENTIALITY. 1. EXCEPT IN ACCORDANCE WITH A PROPER
JUDICIAL ORDER OR AS OTHERWISE PROVIDED BY LAW, IT SHALL BE UNLAWFUL FOR
S. 2962--A 10
THE COMMISSIONER OF FINANCE, ANY OFFICER OR EMPLOYEE OF THE DEPARTMENT
OF FINANCE, THE PRESIDENT OR A COMMISSIONER OR EMPLOYEE OF THE TAX
COMMISSION, ANY PERSON ENGAGED OR RETAINED BY SUCH DEPARTMENT OR SUCH
COMMISSION ON AN INDEPENDENT CONTRACT BASIS, OR ANY PERSON WHO, PURSUANT
TO THIS TITLE, IS PERMITTED TO INSPECT ANY INFORMATION SUBMITTED BY AN
APPLICANT TO THE DEPARTMENT OF FINANCE PURSUANT TO THIS TITLE OR TO WHOM
A COPY, AN ABSTRACT OR A PORTION OF ANY SUCH INFORMATION IS FURNISHED,
TO DIVULGE OR MAKE KNOWN IN ANY MANNER ANY SUCH INFORMATION TO ANY
PERSON NOT AUTHORIZED PURSUANT TO THIS TITLE TO INSPECT SUCH INFORMA-
TION. THE OFFICERS CHARGED WITH CUSTODY OF SUCH INFORMATION SHALL NOT BE
REQUIRED TO PRODUCE ANY OF IT OR EVIDENCE OF ANYTHING CONTAINED IN IT IN
ANY ACTION OR PROCEEDING IN ANY COURT EXCEPT ON BEHALF OF THE COMMIS-
SIONER OF FINANCE IN AN ACTION OR PROCEEDING UNDER THE PROVISIONS OF
THIS TITLE, OR ON BEHALF OF ANY PARTY TO ANY ACTION OR PROCEEDING UNDER
THE PROVISIONS OF THIS TITLE WHEN SUCH INFORMATION OR FACTS SHOWN THERE-
BY ARE DIRECTLY INVOLVED IN SUCH ACTION OR PROCEEDING, IN EITHER OF
WHICH EVENTS THE COURT MAY REQUIRE THE PRODUCTION OF, AND MAY ADMIT IN
EVIDENCE SO MUCH OF SUCH INFORMATION OR OF THE FACTS SHOWN THEREBY, AS
ARE PERTINENT TO THE ACTION OR PROCEEDING AND NO MORE. NOTHING HEREIN
SHALL BE CONSTRUED TO PROHIBIT THE INSPECTION BY THE LEGAL REPRESEN-
TATIVES OF THE DEPARTMENT OF FINANCE OR THE TAX COMMISSION OF SUCH
INFORMATION SUBMITTED BY ANY APPLICANT WHO SHALL BRING AN ACTION TO
CORRECT AN ASSESSMENT. NOTHING HEREIN SHALL BE CONSTRUED TO PROHIBIT
THE DELIVERY TO AN APPLICANT OR THE APPLICANT'S DULY AUTHORIZED REPRE-
SENTATIVE OF A CERTIFIED COPY OF ANY INFORMATION SUBMITTED BY AN APPLI-
CANT TO THE DEPARTMENT OF FINANCE PURSUANT TO THIS TITLE; OR TO ANY
AGENCY OR ANY DEPARTMENT OF ANY CITY HAVING A POPULATION OF ONE MILLION
OR MORE PROVIDED THE SAME IS REQUESTED FOR OFFICIAL BUSINESS; NOR TO
PROHIBIT THE INSPECTION FOR OFFICIAL BUSINESS OF SUCH INFORMATION BY THE
CORPORATION COUNSEL OR OTHER LEGAL REPRESENTATIVES OF A CITY HAVING A
POPULATION OF ONE MILLION OR MORE OR BY THE DISTRICT ATTORNEY OF ANY
COUNTY WITHIN SUCH CITY; NOR TO PROHIBIT THE PUBLICATION OF STATISTICS
SO CLASSIFIED AS TO PREVENT THE IDENTIFICATION OF SUCH INFORMATION OR
PARTICULAR ITEMS THEREOF. INFORMATION SUBMITTED BY AN APPLICANT TO THE
DEPARTMENT OF FINANCE PURSUANT TO THIS TITLE SHALL NOT BE SUBJECT TO
DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
2. ANY VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
SHALL BE PUNISHABLE BY A FINE NOT EXCEEDING ONE THOUSAND DOLLARS OR BY
IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH, AT THE DISCRETION OF THE
COURT, AND IF THE OFFENDER BE AN OFFICER OR EMPLOYEE OF THE DEPARTMENT
OF FINANCE OR OF THE TAX COMMISSION, THE OFFENDER SHALL BE DISMISSED
FROM OFFICE.
§ 3. This act shall take effect immediately.
