New York Laws
Title 2 - Private Property
467-A - Partial Tax Abatement for Residential Real Property Held in the Cooperative or Condominium Form of Ownership in a City Having a Population of One Mill

(a) "Applicant" means the board of managers of a condominium or the
board of directors of a cooperative apartment corporation, provided
that, in addition, the commissioner of finance shall by rule designate
the owner of a dwelling unit (the "unit owner") or shareholder of the
corporation having the proprietary lease for an apartment (a
"shareholder") as an applicant for the limited purpose of submitting
information to verify the primary residence of the unit owner or
shareholder.
(b) "Average unit assessed value" means the residential proportion of
a property multiplied by the total assessed value of the property
divided by the number of dwelling units therein on the applicable
taxable status date for the fiscal year for which an application is made
for partial abatement of real property taxes pursuant to this section.
(c) "Billable assessed value" means the lesser of the taxable
transitional assessed value, as computed pursuant to subdivision three
of section eighteen hundred five of this chapter, or taxable assessed
value of a property.
(d) "Commissioner of finance" means the commissioner of finance of a
city having a population of one million or more, or his or her designee.
(e) "Dwelling unit" means a unit used primarily for residential
purposes and not primarily for professional or commercial purposes.
(f) "Property" means real property designated as class two, pursuant
to section eighteen hundred two of this chapter, held in the cooperative
or condominium form of ownership.
(g) "Residential proportion" of a property held in the cooperative
form of ownership means the percentage of shares of the cooperative
apartment corporation allocated to dwelling units. "Residential
proportion" of a property held in the condominium form of ownership
means the percentage of common interest allocated to dwelling units.
(h) "Sponsors" means persons or business entities who make or take
part in a public offering or sale of securities consisting primarily of
shares or investments in real estate, including condominium units and
other cooperative interests in realty. Sponsors shall be deemed to
include successors who succeed to the rights and assume the obligations
of sponsors.
(i) "Prevailing wage" means the rate of wages and supplemental
benefits paid in the locality to workers in the same trade or occupation
and annually determined by the fiscal officer in accordance with the
provisions of section two hundred thirty-four of the labor law.
(j) "Qualified property" means (i) a property with an average unit
assessed value of less than or equal to sixty thousand dollars; or (ii)
a property with an average unit assessed value of more than sixty
thousand dollars and less than or equal to one hundred thousand dollars,
and less than thirty dwelling units; or (iii) a property with respect to
which an applicant has submitted an affidavit certifying that all
building service employees employed or to be employed at the property
shall receive the applicable prevailing wage for the duration of such
property's tax abatement.
(k) "Building service employee" means any person who is regularly
employed at a building who performs work in connection with the care or
maintenance of such building. "Building service employee" includes, but
is not limited to, watchman, guard, doorman, building cleaner, porter,
handyman, janitor, gardener, groundskeeper, elevator operator and

starter, and window cleaner, but shall not include persons regularly
scheduled to work fewer than eight hours per week in the building.
(l) "Fiscal officer" means the comptroller of the city of New York.
2. (a) In a city having a population of one million or more, dwelling
units owned by unit owners who, as of the applicable taxable status
date, own no more than three dwelling units in any one property held in
the condominium form of ownership, shall be eligible to receive a
partial abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this
subdivision; provided, however, that a property held in the condominium
form of ownership that is receiving complete or partial real property
tax exemption or tax abatement pursuant to any other provision of this
chapter or any other state or local law, except as provided in paragraph
(f) of this subdivision, shall not be eligible to receive a partial
abatement pursuant to this section; and provided, further, that sponsors
shall not be eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal years commencing in
calendar years two thousand twelve through two thousand twenty-six no
more than a maximum of three dwelling units owned by any unit owner in a
single building, one of which must be the primary residence of such unit
owner, shall be eligible to receive a partial abatement pursuant to
paragraphs (d-1), (d-2), (d-3) and (d-4) of this subdivision.
(b) In a city having a population of one million or more, dwelling
units owned by tenant-stockholders who, as of the applicable taxable
status date, own no more than three dwelling units in any one property
held in the cooperative form of ownership, shall be eligible to receive
a partial abatement of real property taxes, as set forth in paragraphs
(c), (d), (d-1), (d-2), (d-3), (d-4), (d-5) and (d-6) of this
subdivision; provided, however, that a property held in the cooperative
form of ownership that is receiving complete or partial real property
tax exemption or tax abatement pursuant to any other provision of this
chapter or any other state or local law, except as provided in paragraph
(f) of this subdivision, shall not be eligible to receive a partial
abatement pursuant to this section; and provided, further, that sponsors
shall not be eligible to receive a partial abatement pursuant to this
section; and provided, further, that in the fiscal years commencing in
calendar years two thousand twelve through two thousand twenty-six no
more than a maximum of three dwelling units owned by any
tenant-stockholder in a single building, one of which must be the
primary residence of such tenant-stockholder, shall be eligible to
receive a partial abatement pursuant to paragraphs (d-1), (d-2), (d-3)
and (d-4) of this subdivision. For purposes of this section, a
tenant-stockholder of a cooperative apartment corporation shall be
deemed to own the dwelling unit which is represented by his or her
shares of stock in such corporation. Any abatement so granted shall be
credited by the appropriate taxing authority against the tax due on the
property as a whole. The reduction in real property taxes received
thereby shall be credited by the cooperative apartment corporation
against the amount of such taxes attributable to eligible dwelling units
at the time of receipt.
(b-1) Notwithstanding any other provision of law to the contrary, the
provisions of this section shall apply to any dwelling unit held in
trust solely for the benefit of a person or persons who would otherwise
be eligible for an abatement, pursuant to this section, were such person
or persons the owner or owners of such dwelling unit.
(c) Eligible dwelling units in property whose average unit assessed
value is less than or equal to fifteen thousand dollars shall receive a

partial abatement of the real property taxes attributable to or due on
such dwelling units, as follows:
(i) not to exceed four percent in the fiscal year commencing in
calendar year nineteen hundred ninety-six;
(ii) sixteen percent in the fiscal year commencing in calendar year
nineteen hundred ninety-seven;
(iii) twenty-five percent in the fiscal year commencing in calendar
year nineteen hundred ninety-eight;
(iv) twenty-five percent in the fiscal year commencing in calendar
year nineteen hundred ninety-nine;
(v) twenty-five percent in the fiscal year commencing in calendar year
two thousand;
(vi) twenty-five percent in the fiscal year commencing in calendar
year two thousand one;
(vii) twenty-five percent in the fiscal year commencing in calendar
year two thousand two;
(viii) twenty-five percent in the fiscal year commencing in calendar
year two thousand three;
(ix) twenty-five percent in the fiscal year commencing in calendar
year two thousand four;
(x) twenty-five percent in the fiscal year commencing in calendar year
two thousand five;
(xi) twenty-five percent in the fiscal year commencing in calendar
year two thousand six;
(xii) twenty-five percent in the fiscal year commencing in calendar
year two thousand seven;
(xiii) twenty-five percent in the fiscal year commencing in calendar
year two thousand eight;
(xiv) twenty-five percent in the fiscal year commencing in calendar
year two thousand nine;
(xv) twenty-five percent in the fiscal year commencing in calendar
year two thousand ten;
(xvi) twenty-five percent in the fiscal year commencing in calendar
year two thousand eleven.
(d) Eligible dwelling units in property whose average unit assessed
value is greater than fifteen thousand dollars shall receive a partial
abatement of the real property taxes attributable to or due on such
dwelling units, as follows:
(i) not to exceed two and three-quarters percent in the fiscal year
commencing in calendar year nineteen hundred ninety-six;
(ii) ten and three-quarters percent in the fiscal year commencing in
calendar year nineteen hundred ninety-seven;
(iii) seventeen and one-half percent in the fiscal year commencing in
calendar year nineteen hundred ninety-eight;
(iv) seventeen and one-half percent in the fiscal year commencing in
calendar year nineteen hundred ninety-nine;
(v) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand;
(vi) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand one;
(vii) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand two;
(viii) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand three;
(ix) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand four;
(x) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand five;
(xi) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand six;
(xii) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand seven;
(xiii) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand eight;
(xiv) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand nine;
(xv) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand ten;
(xvi) seventeen and one-half percent in the fiscal year commencing in
calendar year two thousand eleven.
(d-1) In the fiscal years commencing in calendar years two thousand
twelve, two thousand thirteen and two thousand fourteen, eligible
dwelling units in property whose average unit assessed value is less
than or equal to fifty thousand dollars shall receive a partial
abatement of the real property taxes attributable to or due on such
dwelling units of twenty-five percent, twenty-six and one-half percent
and twenty-eight and one-tenth percent respectively. In the fiscal years
commencing in calendar years two thousand fifteen through two thousand
twenty-six eligible dwelling units in property whose average unit
assessed value is less than or equal to fifty thousand dollars shall
receive a partial abatement of the real property taxes attributable to
or due on such dwelling units of twenty-eight and one-tenth percent.
(d-2) In the fiscal years commencing in calendar years two thousand
twelve, two thousand thirteen and two thousand fourteen, eligible
dwelling units in property whose average unit assessed value is more
than fifty thousand dollars, but less than or equal to fifty-five
thousand dollars, shall receive a partial abatement of the real property
taxes attributable to or due on such dwelling units of twenty-two and
one-half percent, twenty-three and eight-tenths percent and twenty-five
and two-tenths percent respectively. In the fiscal years commencing in
calendar years two thousand fifteen through two thousand twenty-six
eligible dwelling units in property whose average unit assessed value is
more than fifty thousand dollars, but less than or equal to fifty-five
thousand dollars, shall receive a partial abatement of the real property
taxes attributable to or due on such dwelling units of twenty-five and
two-tenths percent.
(d-3) In the fiscal years commencing in calendar years two thousand
twelve, two thousand thirteen and two thousand fourteen, eligible
dwelling units in property whose average unit assessed value is more
than fifty-five thousand dollars, but less than or equal to sixty
thousand dollars, shall receive a partial abatement of the real property
taxes attributable to or due on such dwelling units of twenty percent,
twenty-one and two-tenths percent, and twenty-two and five-tenths
percent respectively. In the fiscal years commencing in calendar years
two thousand fifteen through two thousand twenty-six eligible dwelling
units in property whose average unit assessed value is more than
fifty-five thousand dollars, but less than or equal to sixty thousand
dollars, shall receive a partial abatement of the real property taxes
attributable to or due on such dwelling units of twenty-two and
five-tenths percent.
(d-4) In the fiscal years commencing in calendar years two thousand
twelve through two thousand twenty-six, eligible dwelling units in
property whose average unit assessed value is more than sixty thousand
dollars shall receive a partial abatement of the real property taxes
attributable to or due on such dwelling units of seventeen and one-half
percent.
(d-5) In the fiscal years commencing in calendar year two thousand
twelve and two thousand thirteen, dwelling units that received an
abatement pursuant to this section in the fiscal year commencing in
calendar year two thousand eleven, and that are not eligible to receive
benefits under paragraph (d-1), (d-2), (d-3), or (d-4) of this
subdivision and that are located in a property that has an average unit
assessed value that is less than or equal to fifteen thousand dollars
shall receive a partial abatement of the real property taxes
attributable to or due on such dwelling units of twelve and one half
percent, and six and twenty-five hundredths percent respectively.
Provided, however, that no such abatement shall be allowed for any
fiscal year commencing in calendar year two thousand fourteen or later.
(d-6) In the fiscal years commencing in calendar year two thousand
twelve and two thousand thirteen, dwelling units that received an
abatement pursuant to this section in the fiscal year commencing in
calendar year two thousand eleven, and that are not eligible to receive
benefits under paragraph (d-1), (d-2), (d-3), or (d-4) of this
subdivision and that are located in a property that has an average unit
assessed value that is greater than fifteen thousand dollars shall
receive a partial abatement of the real property taxes attributable to
or due on such dwelling units of eight and seventy-five hundredths
percent, and four and three hundred seventy-five thousandths percent
respectively. Provided, however, that no such abatement shall be
allowed, for any fiscal year in calendar year two thousand fourteen or
later.
(e) Partial abatement pursuant to paragraphs (c), (d), (d-1), (d-2),
(d-3), (d-4), (d-5) and (d-6) of this subdivision shall be computed on
the net real property taxes attributable to or due on eligible dwelling
units after deduction for any exemption on such dwelling units received
pursuant to any section listed in paragraph (f) of this subdivision and
after deduction of the portion of any abatement received pursuant to
section four hundred eighty-nine of this article that is attributable to
a dwelling unit in property held in the cooperative form of ownership
and after deduction of any abatement received pursuant to section four
hundred eighty-nine of this article by a dwelling unit in property held
in the condominium form of ownership.
(f) For purposes of this subdivision, a qualified property shall be
deemed not to be receiving complete or partial real property tax
exemption or tax abatement if the qualified property is, or certain
dwelling units therein are, receiving benefits pursuant to section four
hundred, four hundred two, four hundred four, four hundred six, four
hundred eight, four hundred ten, four hundred ten-a, four hundred
twelve, four hundred twelve-a, four hundred sixteen, four hundred
eighteen, four hundred twenty-a, four hundred twenty-b, four hundred
twenty-five, four hundred thirty-six, four hundred fifty-eight, four
hundred fifty-eight-a, four hundred fifty-nine-c, four hundred
sixty-two, four hundred sixty-seven, four hundred sixty-seven-b, four
hundred ninety-nine-bbb, or four hundred ninety-nine-bbbb of this
article, or if the qualified property is receiving a tax abatement but
not a tax exemption pursuant to section four hundred eighty-nine of this
article.
(g) If the billable assessed value of a qualified property is reduced
after the assessment roll becomes final, any abatement already granted
pursuant to this section shall be adjusted accordingly. The difference
between the original abatement and the adjusted abatement shall be
deducted from any credit otherwise due.
(h) Notwithstanding any other provision of this section, the
commissioner of finance shall deny, terminate or revoke any abatement

applied for or granted pursuant to this section with respect to a
dwelling unit upon a determination that the transfer of such dwelling
unit to the owner who owned such dwelling unit as of the applicable
taxable status date was made primarily for the purpose of receiving an
abatement under this section. Upon making such determination, the
commissioner of finance shall deny, terminate or revoke any abatement
applied for or granted pursuant to this section with respect to any
dwelling unit owned by the transferor that would have been eligible but
for such determination. In making such determination, the commissioner
of finance may consider, among other factors, the relationship, if any,
between the transferor and the transferee and whether the terms of the
transfer are consistent with the terms generally found in transfers of
comparable dwelling units.
(i) Notwithstanding any other provision of this section, beginning in
the fiscal year commencing in calendar year two thousand twenty-two no
dwelling unit in a property other than a qualified property shall be
eligible to receive a tax abatement under this section.
3. Application for abatement. (a) An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
nineteen hundred ninety-six shall be made no later than the fifteenth
day of September, nineteen hundred ninety-six. An application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year nineteen hundred ninety-seven shall be made no later than
the first day of April, nineteen hundred ninety-seven. An application
for an abatement pursuant to this section for the fiscal year commencing
in calendar year nineteen hundred ninety-eight shall be made no later
than the first day of April, nineteen hundred ninety-eight. An
application for an abatement pursuant to this section for the fiscal
year commencing in calendar year nineteen hundred ninety-nine shall be
made in accordance with this subdivision and subdivision three-a of this
section. An application for an abatement pursuant to this section for
the fiscal year commencing in calendar year two thousand shall be made
no later than the fifteenth day of February, two thousand. An
application for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand one shall be made in
accordance with this subdivision and subdivision three-b of this
section. An application for an abatement pursuant to this section for
the fiscal year commencing in calendar year two thousand two shall be
made no later than the fifteenth day of February, two thousand two. An
application for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand three shall be made no
later than the fifteenth day of February, two thousand three. An
application for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand four shall be made in
accordance with this subdivision and subdivision three-c of this
section. An application for an abatement pursuant to this section for
the fiscal year commencing in calendar year two thousand five shall be
made no later than the fifteenth day of February, two thousand five. An
application for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand six shall be made no later
than the fifteenth day of February, two thousand six. An application for
an abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand seven shall be made no later than the
fifteenth day of February, two thousand seven. An application for
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand eight shall be made in accordance with this
subdivision and subdivision three-d of this section. An application for
an abatement pursuant to this section for the fiscal year commencing in

calendar year two thousand nine shall be made no later than the
fifteenth day of February, two thousand nine. An application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand ten shall be made no later than the fifteenth
day of February, two thousand ten. An application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall be made no later than the fifteenth day of
February, two thousand eleven. An application for an abatement pursuant
to this section for the fiscal years commencing in calendar years two
thousand twelve and two thousand thirteen shall be made in accordance
with subdivision three-e of this section. The date or dates by which
applications for an abatement pursuant to this section shall be made for
the fiscal years beginning in calendar years two thousand fourteen
through two thousand twenty-six shall be established by the commissioner
of finance by rule, provided that such date or dates shall not be later
than the fifteenth day of February for such calendar years.
(b) An application for an abatement pursuant to this section shall be
submitted to the commissioner of finance by the board of managers of a
condominium or the board of directors of a cooperative apartment
corporation, provided that the commissioner of finance may by rule
require the unit owner or shareholder of a dwelling unit to submit an
application to supplement information contained in the application
submitted by the board of managers of a condominium or the board of
directors of a cooperative apartment corporation and may by rule apply
and adjust, as appropriate, any provisions of this section that relate
to applications submitted by such boards to applications submitted by
such owners. The commissioner of finance shall by rule require the unit
owner or the shareholder of a dwelling unit to certify the primary
residence of such unit owner or shareholder.
(c) No abatement pursuant to this section shall be granted unless the
applicant files an application for an abatement within the time periods
prescribed in paragraph (a) of this subdivision or subdivision three-a,
three-b, three-c, three-d or three-e of this section, provided, however,
that the commissioner of finance may, for good cause shown, extend the
time for filing an application.
(d) The commissioner of finance shall determine the form of the
application and the information which it shall contain. The information
contained in the application shall be provided with respect to the
qualified property as of the taxable status date for the fiscal year to
which the application relates. Such information shall include, but need
not be limited to:
(i) physical data, such as a description of the qualified property,
stating the number of stories, the number of dwelling and non-dwelling
units, unit designations with their locations, approximate area of each
unit, number of rooms in each unit, common interest of or number of
shares allocated to each unit, and the total number of shares in a
cooperative apartment corporation;
(ii) the names and social security or tax identification numbers of
owners of all units;
(iii) the names and social security or tax identification numbers of
sponsors owning units; and
(iv) the name and address of the person designated by the board of
directors or board of managers for receipt of notices issued pursuant to
this section.
(e) The burden of proof shall be on the applicant to show that the
requirements for granting an abatement have been met. The commissioner
of finance shall have the authority to require that statements in
connection with such application be made under oath by a duly authorized

member of the board of directors or managers. 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 the 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 the
rules issued from time to time by the commissioner of finance pursuant
to this section.
(f) Notwithstanding any other provision of law to the contrary,
application by the board of directors of a cooperative apartment
corporation for an abatement pursuant to this section for the fiscal
year commencing in calendar year two thousand shall be made by the
filing of an information return pursuant to subdivision (g) of section
11-2105 of the administrative code of the city of New York, as added by
local law number fifty-eight of the city of New York for the year
nineteen hundred eighty-nine, including an election by such board of
directors that such information return be deemed an application for an
abatement pursuant to this section for such fiscal year, provided,
however, that where the board of directors files the application on
behalf of a cooperative apartment corporation that is not receiving an
abatement pursuant to this section for the fiscal year commencing in
calendar year nineteen hundred ninety-nine, then the board of directors
shall be required to file, in addition to the information return
pursuant to subdivision (g) of section 11-2105 of the administrative
code of the city of New York, as added by local law number fifty-eight
of the city of New York for the year nineteen hundred eighty-nine, any
information return covering a reporting period beginning on or after
January first, nineteen hundred ninety-six, that has not been filed
previously. Information returns that are deemed to be applications for
an abatement pursuant to this paragraph shall be subject to the
provisions of this section relating to such applications including, but
not limited to, the provisions of this subdivision and subdivision four
of this section.
(g) Notwithstanding any other provision of law to the contrary,
application by the board of directors of a cooperative apartment
corporation for an abatement pursuant to this section for either the
fiscal year commencing in calendar year two thousand two or the fiscal
year commencing in calendar year two thousand three shall be made by the
filing of an information return pursuant to subdivision (g) of section
11-2105 of the administrative code of the city of New York, as added by
local law number fifty-eight of the city of New York for the year
nineteen hundred eighty-nine, including an election by such board of
directors that such information return be deemed an application for an
abatement pursuant to this section for such fiscal year, provided,
however, that where the board of directors files an application on
behalf of a cooperative apartment corporation that is not receiving an
abatement pursuant to this section for the fiscal year immediately
preceding the fiscal year for which the application is filed, then the
board of directors shall be required to file, in addition to the
information return pursuant to subdivision (g) of section 11-2105 of the
administrative code of the city of New York, as added by local law
number fifty-eight of the city of New York for the year nineteen hundred
eighty-nine, any information return covering a reporting period
beginning on or after January first, nineteen hundred ninety-six, that
has not been filed previously. Information returns that are deemed to be
applications for an abatement pursuant to this paragraph shall be

subject to the provisions of this section relating to such applications
including, but not limited to, the provisions of this subdivision and
subdivision four of this section.
(h) Notwithstanding any other provision of law to the contrary,
application by the board of directors of a cooperative apartment
corporation for an abatement pursuant to this section for either the
fiscal year commencing in calendar year two thousand five or the fiscal
year commencing in the calendar year two thousand six or the fiscal year
commencing in the calendar year two thousand seven or the fiscal year
commencing in the calendar year two thousand eight or the fiscal year
commencing in the calendar year two thousand nine or the fiscal year
commencing in the calendar year two thousand ten or the fiscal year
commencing in the calendar year two thousand eleven shall be made by the
filing of an information return pursuant to subdivision (g) of section
11-2105 of the administrative code of the city of New York, as added by
local law number fifty-eight of the city of New York for the year
nineteen hundred eighty-nine, including an election by such board of
directors that such information return be deemed an application for an
abatement pursuant to this section for such fiscal year, provided,
however, that where the board of directors files an application on
behalf of a cooperative apartment corporation that is not receiving an
abatement pursuant to this section for the fiscal year immediately
preceding the fiscal year for which the application is filed, then the
board of directors shall be required to file, in addition to the
information return pursuant to subdivision (g) of section 11-2105 of the
administrative code of the city of New York, as added by local law
number fifty-eight of the city of New York for the year nineteen hundred
eighty-nine, any information return covering a reporting period
beginning on or after January first, nineteen hundred ninety-six, that
has not been filed previously. Information returns that are deemed to be
applications for an abatement pursuant to this paragraph shall be
subject to the provisions of this section relating to such applications
including, but not limited to, the provisions of this subdivision and
subdivision four of this section.
3-a. (a) An applicant whose property did not receive an abatement
pursuant to this section for the fiscal year commencing in calendar year
nineteen hundred ninety-eight shall submit an application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year nineteen hundred ninety-nine no later than sixty days
following the effective date of the chapter of the laws of nineteen
hundred ninety-nine that added this subdivision.
(b) The abatement for the fiscal year commencing in calendar year
nineteen hundred ninety-nine of a cooperative apartment corporation that
received an abatement pursuant to this section for the fiscal year
commencing in calendar year nineteen hundred ninety-eight and that
submitted an information update form on or before April fifteenth,
nineteen hundred ninety-nine pursuant to a request by the commissioner
of finance, shall be based on the information contained in such
information update form.
(c) The abatement for the fiscal year commencing in calendar year
nineteen hundred ninety-nine of a cooperative apartment corporation that
received an abatement pursuant to this section for the fiscal year
commencing in calendar year nineteen hundred ninety-eight and that did
not submit an information update form on or before April fifteenth,
nineteen hundred ninety-nine pursuant to a request by the commissioner
of finance, shall be based on the information contained in the
application submitted in nineteen hundred ninety-eight, provided that
nothing in this paragraph shall authorize or require the commissioner of

finance to grant an abatement with respect to a property or a dwelling
unit that is not eligible as of the applicable taxable status date for
the fiscal year commencing in calendar year nineteen hundred
ninety-nine.
(d) The board of managers of a condominium that received an abatement
pursuant to this section for the fiscal year commencing in calendar year
nineteen hundred ninety-eight shall submit an application for an
abatement pursuant to this section for the fiscal year commencing in
calendar year nineteen hundred ninety-nine no later than sixty days
following the effective date of the chapter of the laws of nineteen
hundred ninety-nine that added this subdivision. If such board of
managers does not submit such application within sixty days following
the effective date of the chapter of the laws of nineteen hundred
ninety-nine that added this subdivision, then the abatement for the
fiscal year commencing in calendar year nineteen hundred ninety-nine for
such condominium shall be based on the information contained in the
application submitted in nineteen hundred ninety-eight, provided that
nothing in this paragraph shall authorize or require the commissioner of
finance to grant an abatement with respect to a property or a dwelling
unit that is not eligible as of the applicable taxable status date for
the fiscal year commencing in calendar year nineteen hundred
ninety-nine.
3-b. (a) An applicant whose property did not receive an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand shall submit an application for an abatement pursuant to
this section for the fiscal year commencing in calendar year two
thousand one no later than sixty days following the effective date of
the chapter of the laws of two thousand one that added this subdivision.
(b) The abatement for the fiscal year commencing in calendar year two
thousand one of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand and that submitted an information return on
or before February fifteenth, two thousand one, that included an
election by the board of directors of such cooperative apartment
corporation that such information return be deemed an application for an
abatement pursuant to this section for such fiscal year, shall be based
on the information contained in such information return.
(c) The abatement for the fiscal year commencing in calendar year two
thousand one of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand and that submitted an information return on
or before February fifteenth, two thousand one, that did not include an
election by the board of directors of such cooperative apartment
corporation that such information return be deemed an application for an
abatement pursuant to this section for such fiscal year, shall be based
on the information contained in the application submitted in two
thousand or on the information contained in such information return, or
both, provided that nothing in this paragraph shall authorize or require
the commissioner of finance to grant an abatement with respect to a
property or a dwelling unit that is not eligible as of the applicable
taxable status date for the fiscal year commencing in calendar year two
thousand one.
(d) The board of managers of a condominium that received an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand shall submit an application for an abatement pursuant to
this section for the fiscal year commencing in calendar year two
thousand one no later than sixty days following the effective date of
the chapter of the laws of two thousand one that added this subdivision.

If such board of managers does not submit such application within sixty
days following the effective date of the chapter of the laws of two
thousand one that added this subdivision, then the abatement for the
fiscal year commencing in calendar year two thousand one for such
condominium shall be based on the information contained in the
application submitted in two thousand, provided that nothing in this
paragraph shall authorize or require the commissioner of finance to
grant an abatement with respect to a property or a dwelling unit that is
not eligible as of the applicable taxable status date for the fiscal
year commencing in calendar year two thousand one.
3-c. (a) An applicant whose property did not receive an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand three shall submit an application for an abatement pursuant
to this section for the fiscal year commencing in calendar year two
thousand four no later than sixty days following the effective date of
the chapter of the laws of two thousand four that added this
subdivision.
(b) The abatement for the fiscal year commencing in calendar year two
thousand four of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand three and that submitted an information
return on or before February fifteenth, two thousand four, that included
an election by the board of directors of such cooperative apartment
corporation that such information return be deemed an application for an
abatement pursuant to this section for such fiscal year, shall be based
on the information contained in such information return.
(c) The abatement for the fiscal year commencing in calendar year two
thousand four of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand three and that submitted an information
return on or before February fifteenth, two thousand four, that did not
include an election by the board of directors of such cooperative
apartment corporation that such information return be deemed an
application for an abatement pursuant to this section for such fiscal
year, shall be based on the information contained in the application
submitted in two thousand three or on the information contained in such
information return, or both, provided that nothing in this paragraph
shall authorize or require the commissioner of finance to grant an
abatement with respect to a property or a dwelling unit that is not
eligible as of the applicable taxable status date for the fiscal year
commencing in calendar year two thousand four.
(d) The board of managers of a condominium that received an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand three shall submit an application for an abatement pursuant
to this section for the fiscal year commencing in calendar year two
thousand four no later than sixty days following the effective date of
the chapter of the laws of two thousand four that added this
subdivision. If such board of managers does not submit such application
within sixty days following the effective date of the chapter of the
laws of two thousand four that added this subdivision, then the
abatement for the fiscal year commencing in calendar year two thousand
four for such condominium shall be based on the information contained in
the application submitted in two thousand three, provided that nothing
in this paragraph shall authorize or require the commissioner of finance
to grant an abatement with respect to a property or a dwelling unit that
is not eligible as of the applicable taxable status date for the fiscal
year commencing in calendar year two thousand four.

3-d. (a) an applicant whose property did not receive an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand seven shall submit an application for an abatement pursuant
to this section for the fiscal year commencing in calendar year two
thousand eight no later than sixty days following the effective date of
the chapter of the laws of two thousand eight that added this
subdivision.
(b) the abatement for the fiscal year commencing in calendar year two
thousand eight of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand seven and that submitted an information
return on or before February fifteenth, two thousand eight, that
included an election by the board of directors of such cooperative
apartment corporation that such information return be deemed an
application for an abatement pursuant to this section for such fiscal
year, shall be based on the information contained in such information
return.
(c) the abatement for the fiscal year commencing in calendar year two
thousand eight of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand seven and that submitted an information
return on or before February fifteenth, two thousand eight, that did not
include an election by the board of directors of such cooperative
apartment corporation that such information return be deemed an
application for an abatement pursuant to this section for such fiscal
year, shall be based on the information contained in the application
submitted in two thousand seven or on the information contained in such
information return, or both, provided that nothing in this paragraph
shall authorize or require the commissioner of finance to grant an
abatement with respect to a property or a dwelling unit that is not
eligible as of the applicable taxable status date for the fiscal year
commencing in calendar year two thousand eight.
(d) the board of managers of a condominium that received an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand seven shall submit an application for an abatement pursuant
to this section for the fiscal year commencing in calendar year two
thousand eight no later than sixty days following the effective date of
the chapter of the laws of two thousand eight that added this
subdivision. If such board of managers does not submit such application
within sixty days following the effective date of the chapter of the
laws of two thousand eight that added this subdivision, then the
abatement for the fiscal year commencing in calendar year two thousand
eight for such condominium shall be based on the information contained
in the application submitted in two thousand seven, provided that
nothing in this paragraph shall authorize or require the commissioner of
finance to grant an abatement with respect to a property or a dwelling
unit that is not eligible as of the applicable taxable status date for
the fiscal year commencing in calendar year two thousand eight.
3-e. (a) An applicant whose property did not receive an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall submit an application for an abatement
pursuant to this section for the fiscal years commencing in calendar
years two thousand twelve and two thousand thirteen in accordance with
paragraph (e) of this subdivision.
(b) The abatement for the fiscal year commencing in calendar year two
thousand twelve of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand eleven and that submitted an information

return on or before February fifteenth, two thousand twelve, that
included an election by the board of directors of such cooperative
apartment corporation that such information return be deemed an
application for an abatement pursuant to this section for such fiscal
year, shall be based on the information contained in such information
return.
(c) The abatement for the fiscal year commencing in calendar year two
thousand twelve of a cooperative apartment corporation that received an
abatement pursuant to this section for the fiscal year commencing in
calendar year two thousand eleven and that submitted an information
return on or before February fifteenth, two thousand twelve, that did
not include an election by the board of directors of such cooperative
apartment corporation that such information return be deemed an
application for an abatement pursuant to this section for such fiscal
year, shall be based on the information contained in the application
submitted in two thousand eleven or on the information contained in such
information return, or both, provided that nothing in this paragraph
shall authorize or require the commissioner of finance to grant an
abatement with respect to a property or a dwelling unit that is not
eligible as of the applicable taxable status date for the fiscal year
commencing in calendar year two thousand twelve.
(d) The board of managers of a condominium that received an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand eleven shall submit an application for an abatement
pursuant to this section for the fiscal year commencing in calendar year
two thousand twelve no later than sixty days following the effective
date of the chapter of the laws of two thousand thirteen that added this
subdivision. If such board of managers does not submit such application
within sixty days following the effective date of the chapter of the
laws of two thousand thirteen that added this subdivision, then the
abatement for the fiscal year commencing in calendar year two thousand
twelve for such condominium shall be based on the information contained
in the application submitted in two thousand eleven, provided that
nothing in this paragraph shall authorize or require the commissioner of
finance to grant an abatement with respect to a property or a dwelling
unit that is not eligible as of the applicable taxable status date for
the fiscal year commencing in calendar year two thousand twelve.
(e) Notwithstanding paragraphs (a), (b), (c) and (d) of this
subdivision or any other inconsistent provision of law, the commissioner
of finance may require each applicant for an abatement for the fiscal
years commencing in calendar years two thousand twelve and two thousand
thirteen to submit an application by a date and in a form determined by
such commissioner and such commissioner may deny abatements pursuant to
this section for failure to submit such application by such date
provided that such date shall be no earlier than thirty days following
the date on which the commissioner releases the application form.
4. Except in accordance with proper judicial order or as otherwise
provided by law, neither the commissioner of finance, nor any officer or
employee of a department of finance of a city having a population of one
million or more, nor any person who, pursuant to this subdivision, is
authorized to inspect the application or statements in connection
therewith required by this section, shall disclose or make known the
contents of any such application or statements. Except as provided in
this subdivision, the officers charged with the custody of any such
application or statements shall not be required to produce them in any
action or proceeding in any court or before any administrative tribunal,
but any such application or statements may be produced on behalf of the
department of finance. An affidavit certifying that all building service

employees employed or to be employed at the qualified property shall
receive the applicable prevailing wage may be produced in any action or
proceeding in any court or before any administrative tribunal. Such
affidavit shall be considered a public record. Nothing in this
subdivision shall be construed to prohibit delivery to an owner of a
dwelling unit of a qualified property situated in a city having a
population of one million or more of a copy of any application or
statements pertaining to such dwelling unit, upon request and with
personally identifying information redacted. Nothing in this subdivision
shall be construed to prohibit the delivery of a certified copy of any
such application or statements to the United States of America or any
department thereof, the state of New York or any department thereof, or
a city having a population of one million or more or any department
thereof, provided any such application or statements are required for
official business; nor to prohibit the inspection for official business
of any such application or statements by the tax commission of a city
having a population of one million or more, or by the corporation
counsel or other legal representative of a city having a population of
one million or more, or by any person engaged or retained by the
department of finance on an independent contract basis; nor to prohibit
the publication of statistics so classified as to prevent the
identification of any particular application or statements. The
foregoing provisions of this subdivision prohibiting disclosure of the
contents of applications or statements shall not apply to physical data
relating to the qualified property described therein.
5. The commissioner of finance shall be authorized to defer the
credit, pursuant to this section, for the fiscal year commencing in the
calendar year nineteen hundred ninety-six to the fiscal year commencing
in the calendar year nineteen hundred ninety-seven. The credits,
pursuant to this section, for the fiscal years commencing in the
calendar years nineteen hundred ninety-seven and nineteen hundred
ninety-eight shall not be deferred.
6. The commissioner of finance may impose, after notice and an
opportunity to be heard, civil penalties on each member of a cooperative
board of directors of no more than ten thousand dollars for the willful
failure to credit fully any tax abatement granted pursuant to this
section to eligible dwelling units.
7. The commissioner of finance shall be authorized to promulgate rules
necessary to effectuate the purposes of this section. Notwithstanding
any other provision of law to the contrary, such rules may include, but
need not be limited to, denial, termination or revocation of any
abatement pursuant to this section if building service workers are not
paid the prevailing wage or if any dwelling unit in a qualified property
held in the condominium form of ownership or a qualified property held
in the cooperative form of ownership has real property taxes, water and
sewer charges, payments in lieu of taxes or other municipal charges due
and owing, unless such real property taxes, water and sewer charges,
payments in lieu of taxes or other municipal charges are currently being
paid in timely installments pursuant to a written agreement with the
department of finance or other appropriate agency.
8. Except to the extent that the owner of a dwelling unit of a
qualified property situated in a city having a population of one million
or more may request a redacted copy of any application or statements
pertaining to such dwelling unit, as provided in subdivision four of
this section, the information contained in applications or statements in
connection therewith filed with the commissioner of finance pursuant to
subdivision three, three-a, three-b, three-c, three-d or three-e of this

section shall not be subject to disclosure under article six of the
public officers law.
9. The commissioner of finance shall be authorized to prepare and
submit amended tax bills to taxpayers to reflect any adjustments
necessary to apply the partial abatement received pursuant to this
section. If a condominium or cooperative has paid an amount that is
different than the amount due on any amended tax bill, the commissioner
of finance may waive any interest otherwise due on such amount.
10. The fiscal officer, as defined in section two hundred thirty of
the labor law, shall have the power to conduct an investigation and
hearing and file a final determination as to the payment of wages owed
by an owner, successor, or any employer of building service employees,
as provided under subdivisions one, four, five, six, eight and nine of
section two hundred thirty-five of the labor law.

Structure New York Laws