§ 499-f. 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
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
eligibility 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 determine the 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 benefits 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
pursuant 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 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
occupied 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:

(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
ineligible 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 seven of section four hundred ninety-nine-c 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 seven of section four hundred ninety-nine-c of this title.

8. The department of finance shall revoke any abatement granted
pursuant to this title with respect to premises leased to a renewal
tenant if the applicant shall fail to submit evidence acceptable to the
department of finance, within the time specified in subdivision four of
section four hundred ninety-nine-d of this title, that the requirements
of section four hundred ninety-nine-c of this title concerning
expenditures on improvements have been met within the time specified in
such section four hundred ninety-nine-c. In such event, the department
of finance shall require the landlord to pay, with penalty and interest,
any abatement received pursuant to this title with respect to the
premises in question.