Legislation
SECTION 499-EEEEE
Revocation of tax abatement
Real Property Tax (RPT) CHAPTER 50-A, ARTICLE 4, TITLE 6
§ 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for whom such tax abatement has been revoked due to a false or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.
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.