Legislation
SECTION 489-IIIII
Penalties for non-compliance, false statements and omissions
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 4, TITLE 2-E
§ 489-iiiii. Penalties for non-compliance, false statements and
omissions. 1. The department of finance may deny, reduce, suspend,
terminate or revoke any exemption from tax payments pursuant to this
title whenever (a) a recipient fails to comply with the requirements of
this title or the rules promulgated hereunder; or (b) an application,
certificate or other document submitted by an applicant or recipient
pursuant to the requirements of this title or the rules promulgated
hereunder contains a false or misleading statement as to a material fact
or omits to state any material fact necessary in order to make the
statements therein not false or misleading. The department of finance
may declare any applicant or recipient referred to in paragraph (a) or
(b) of this subdivision to be ineligible for future exemption pursuant
to this title for the same or other property.
2. Notwithstanding any other law to the contrary, a recipient shall be
personally liable for any taxes owed pursuant to this title whenever
such recipient fails to comply with this title or the rules promulgated
hereunder or makes such false or misleading statement or omission, and
the department of finance determines that such act was due to the
recipient's willful neglect, or that under the circumstances such act
constituted a fraud on the department of finance or a buyer or
prospective buyer of the property. The remedy provided herein for an
action in personam shall be in addition to any other remedy or procedure
for the enforcement of collection of delinquent taxes provided by any
general, special or local law. Any lease provision which obligates a
tenant to pay taxes which become due because of willful neglect or fraud
by the recipient, or otherwise relieves or indemnifies the recipient
from any personal liability arising hereunder, shall be void as against
public policy except where the imposition of such taxes or liability is
occasioned by actions of the tenant in violation of the lease.
omissions. 1. The department of finance may deny, reduce, suspend,
terminate or revoke any exemption from tax payments pursuant to this
title whenever (a) a recipient fails to comply with the requirements of
this title or the rules promulgated hereunder; or (b) an application,
certificate or other document submitted by an applicant or recipient
pursuant to the requirements of this title or the rules promulgated
hereunder contains a false or misleading statement as to a material fact
or omits to state any material fact necessary in order to make the
statements therein not false or misleading. The department of finance
may declare any applicant or recipient referred to in paragraph (a) or
(b) of this subdivision to be ineligible for future exemption pursuant
to this title for the same or other property.
2. Notwithstanding any other law to the contrary, a recipient shall be
personally liable for any taxes owed pursuant to this title whenever
such recipient fails to comply with this title or the rules promulgated
hereunder or makes such false or misleading statement or omission, and
the department of finance determines that such act was due to the
recipient's willful neglect, or that under the circumstances such act
constituted a fraud on the department of finance or a buyer or
prospective buyer of the property. The remedy provided herein for an
action in personam shall be in addition to any other remedy or procedure
for the enforcement of collection of delinquent taxes provided by any
general, special or local law. Any lease provision which obligates a
tenant to pay taxes which become due because of willful neglect or fraud
by the recipient, or otherwise relieves or indemnifies the recipient
from any personal liability arising hereunder, shall be void as against
public policy except where the imposition of such taxes or liability is
occasioned by actions of the tenant in violation of the lease.