New York Laws
Title 2 - Private Property
467-G - Rebate for Owners of Certain Real Property Seriously Damaged by the Severe Storm That Occurred on the Twenty-Ninth and Thirtieth of October, Two Thousand Twelve in a City Having a Population of One Million or More.

(1) during the period beginning on the first of November, two thousand
twelve and ending on the thirtieth of November, two thousand twelve,
after inspection by the department, such building has been determined to
be seriously damaged and unsafe to enter or occupy or completely
demolished as a result of damage caused by the effects of the severe
storm that occurred on the twenty-ninth and thirtieth of October, two
thousand twelve, and such determination has been indicated by a notation
on such department's records and/or by the posting of a red placard
warning on the building; or
(2) during the period beginning on the first of November, two thousand
twelve and ending on the thirtieth of November, two thousand twelve,
after inspection by the department, such building has been determined to
require repairs or to have a restricted area and such determination has
been indicated by a notation on such department's records and/or by the
posting of a yellow sticker on the building, and during the period
beginning on the first of December, two thousand twelve and ending on
the twenty-eighth of December, two thousand twelve, after inspection by
the department, such building has been determined to be seriously
damaged and unsafe to enter or occupy or completely demolished as a
result of damage caused by the effects of the severe storm that occurred
on the twenty-ninth and thirtieth of October, two thousand twelve, and
such determination has been indicated by a notation on such department's
records and/or by the posting of a red placard warning on the building.
4. Amount of rebate. a. The amount of the rebate to be paid by the
commissioner of finance for eligible real property pursuant to
subdivision one of this section shall be equal to two-thirds of the
annual tax, multiplied by a fraction, the numerator of which is equal to
that portion of the assessed valuation of the eligible real property
that is attributable to the improvements on the property, and the
denominator of which is equal to the total assessed valuation of the
eligible real property.
b. Except as provided in subdivision five of this section, for
property held in the cooperative form of ownership, the amount of the
rebate to be paid to the owner of a unit therein shall be equal to that
proportion of the amount calculated under paragraph a of this
subdivision that is attributable to such unit, as determined by the
proportional relationship of the owner's share or shares of stock in the
cooperative apartment corporation that owns such real property to the
total outstanding stock of the cooperative apartment corporation.
c. Eligible real property with no annual tax shall not be eligible for
a rebate under this section.
5. Calculation of rebate for certain class one real property
consisting of one family house structures situated on land held in
cooperative ownership.
a. Notwithstanding the provisions of subdivision four of this section,
the amount of the rebate to be paid by the commissioner of finance to
the owner of a building that was designated by the department of
buildings in accordance with paragraph b of subdivision three of this
section, that is located on eligible real property that is described in
subparagraph (c) of paragraph class one of subdivision one of section
eighteen hundred two of this chapter, shall be equal to two-thirds of
the annual tax on the property of the cooperative development, (1)
multiplied by a fraction, the numerator of which is equal to that
portion of the assessed valuation of the eligible real property in the
cooperative development that is attributable to the improvements on the
property, and the denominator of which is equal to the total assessed

valuation of the eligible real property in the cooperative development,
and (2) multiplied by a second fraction, the numerator of which is equal
to the number of buildings in the cooperative development that have been
designated by the department of buildings in accordance with paragraph b
of subdivision three of this section, and the denominator of which is
the total number of buildings that were located in the cooperative
development as of the twenty-eighth day of October, two thousand twelve,
then (3) divided by the number of buildings in the cooperative
development that have been designated by the department of buildings in
accordance with paragraph b of subdivision three of this section.
b. Eligible real property described in this subdivision with no annual
tax shall not be eligible for a rebate under this section.
6. Mailing of rebate. a. The commissioner of finance shall mail the
rebate authorized by this section to the person whose name appears on
the records of the department of finance as the owner of the eligible
real property or unit located therein on the thirtieth of October, two
thousand twelve, at an address on the records of the department of
finance as the address of such owner, and if no such address appears on
the records of the department of finance, then to the address, if any,
appearing in the latest assessment roll as the address of the owner of
the eligible real property. Notwithstanding the previous sentence, if an
owner has notified the United States postal service of a forwarding
address for mail that would otherwise have been sent to any of the
addresses described in the previous sentence, then the commissioner of
finance may mail the rebate authorized by this section to such
forwarding address.
b. Notwithstanding paragraph a of this subdivision, with respect to
any rebate to which an owner of a building that was designated by the
department of buildings in accordance with paragraph b of subdivision
three of this section that is located on eligible real property that is
described in subparagraph (c) of paragraph class one of subdivision one
of section eighteen hundred two of this chapter is entitled under this
section, the commissioner of finance shall mail the rebate to the
cooperative development of which the owner's property is a part, at the
address on the records of the department of finance as the address of
the cooperative corporation that is the owner of the land included in
the cooperative development, and if no such address appears on the
records of the department of finance, then to the address, if any,
appearing in the latest assessment roll as the address of the owner of
such land. Notwithstanding the previous sentence, if the cooperative
corporation has notified the United States postal service of a
forwarding address for mail that would otherwise have been sent to any
of the addresses described in the previous sentence, then the
commissioner of finance may mail the rebate authorized by this section
to such forwarding address.
7. Recovery of erroneous rebate. If the commissioner of finance
determines (a) that an owner who received a rebate was not entitled to a
rebate under this section, or (b) that a rebate was paid or calculated
in error under this section, the commissioner of finance shall recover
or recalculate such rebate and the amount of the rebate or an amount
equal to the difference between the rebate originally paid and the
amount to which the owner was entitled shall be deducted from any refund
or rebate otherwise payable to the owner, and any balance of such amount
remaining unpaid shall be paid to the commissioner of finance no later
than the due and payable date provided on a notice of the amount payable
mailed by the commissioner of finance. Such amount payable shall
constitute a tax lien on the real property owned by such owner as of the
due and payable date provided on such notice, and, if 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, and such amount payable shall be enforceable as a tax lien
in accordance with provisions of law relating to the enforcement of tax
liens in any such city.
8. Rebate not deemed a refund. Any rebate authorized by this section
to be paid by the commissioner of finance shall not be deemed to be a
refund of a real property tax payment.
9. Overpayment. If, in any proceeding brought pursuant to article
seven of the real property tax law, the assessed valuation of eligible
real property is reduced for the fiscal year beginning on the first of
July, two thousand twelve, and such reduction results in a return of
overpayment of real property taxes paid with respect to such fiscal
year, the amount of such overpayment shall be reduced by the amount of
any rebate paid pursuant to this section. If such overpayment is
returned before a rebate is paid pursuant to this section, the amount of
any rebate paid pursuant to this section shall be reduced by the amount
of such overpayment.
10. Rulemaking. The commissioner of finance shall be authorized to
promulgate rules necessary to effectuate the purposes of this section.

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