§ 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
thousand twenty-one and ending on the thirtieth of June, two thousand
twenty-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 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 proportionate 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
property, 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
residence 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,
including 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
partner, sibling or child.

h. "Property" means a one, two, or three family residence or a
dwelling unit in residential property held in the cooperative or
condominium form of ownership. "Property" shall not include any vacant
land.

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
demonstrate 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
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 and satisfies the
requirements 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
authorized 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 residence of more than one owner, all such owners shall jointly
file an application for such rebate. Notwithstanding any provision of
any general, 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 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
pursuant 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
pursuant 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 revoking a rebate granted pursuant to this section
shall constitute a final determination of the commissioner of finance,
unless, within ninety 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 commissioner of such determination no
later than the first of July, two thousand twenty-three.

8. Restriction on rebate for married couples with two or more
residences. 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
information 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
authority shall supplement any other authority of the commissioner of
finance to enforce payment of the erroneous rebate by the owner of such
property.

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
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
commissioner 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.