Rules Relating to the Partial Tax Abatement for Residential Real Property Held in the Cooperative or Condominium Form of Ownership

RCNY tit. 19, ch. 50

in effect

19 RCNY § 50-01 Purpose and Scope of Rules.

§ 50-01 Purpose and Scope of Rules. Section 467-a of the Real Property Tax Law, originally enacted in 1996, established an abatement from real property taxes for dwelling units in real property held in the cooperative or the condominium form of ownership that meet the qualification criteria of the law. This law was amended in 2013 to change certain provisions relating to eligibility and application for the abatement for fiscal years beginning in 2012, 2013 and 2014. Section 467-a was again amended in 2021 to add certain requirements regarding the payment of prevailing wage to building service employees and the certification and verification of the primary residence status of an owner. Section 467-a authorizes the Commissioner of Finance of the City of New York to promulgate rules necessary to effectuate the purposes of the law. These rules are intended to clarify the criteria for eligibility for the abatement and the requirements concerning application for the abatement for fiscal years beginning in 2012, 2013 and 2014. (Amended City Record 4/27/2022, eff. 5/27/2022)

19 RCNY § 50-02 Definitions.

§ 50-02 Definitions. Unless the context requires otherwise, as used in this chapter: "Abatement" means the partial tax abatement for residential real property held in the cooperative or condominium form of ownership authorized by § 467-a of the Real Property Tax Law. As used in this chapter, the term "abatement" includes both the "primary residence abatement" and the "non-primary residence abatement." "Administrative Code" means the Administrative Code of the City of New York. "Assessed value" means the actual assessed value of real property, which is not reduced by any exemption from real property taxes. "Authorized agent" means any person authorized by the board to act on the board's behalf with respect to an application for an abatement, including, but not limited to, a managing agent. "Board" means, in the case of real property held in the cooperative form of ownership, the board of directors of the cooperative, and in the case of real property held in the condominium form of ownership, the board of managers of the condominium. "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, provided that the classification of work performed by such person is identified on the building service employee schedule, and provided, further, that "building service employee" shall not include persons regularly scheduled to work fewer than eight hours per week in the building. "Building service employee schedule" means the schedule of wage rates and supplemental benefit rates for building service employees published by the Comptroller on an annual basis pursuant to paragraph (a) of subdivision 1 of § 234 of the Labor Law. "Commissioner" means the Commissioner of Finance of the City of New York and any employee of the Department of Finance authorized by the Commissioner to act on his or her behalf. "Comptroller" means the Comptroller of the City of New York. "Department" means the Department of Finance of the City of New York. "Designated property" means real property designated as class two, pursuant to § 1802 of the Real Property Tax Law, held in the cooperative or condominium form of ownership. "Dwelling unit" means a unit used primarily for residential purposes in residential real property designated as class two real property under § 1802 of the Real Property Tax Law that is held in the cooperative or condominium form of ownership, and does not include a unit used primarily for professional or commercial purposes or used solely for parking vehicles or for storage. "Fiscal year 2011/12" means the fiscal year that begins on July 1, 2011 and ends on June 30, 2012. "Fiscal year 2012/13" means the fiscal year that begins on July 1, 2012 and ends on June 30, 2013. "Fiscal year 2013/14" means the fiscal year that begins on July 1, 2013 and ends on June 30, 2014. "Fiscal year 2014/15" means the fiscal year that begins on July 1, 2014 and ends on June 30, 2015. "Fiscal year 2021/22" means the fiscal year that begins on July 1, 2021 and ends on June 30, 2022. "Fiscal year 2022/23" means the fiscal year that begins on July 1, 2022 and ends on June 30, 2023. "Fiscal year 2023/24" means the fiscal year that begins on July 1, 2023 and ends on June 30, 2024. "Law enforcement officer" means anyone who is, or was, employed as a Federal, State or local judge, prosecutor, State or Local police or peace officer or Federal law enforcement officer as defined by the United States Code. "Owner" means the owner, in whole or in part, of a dwelling unit in real property held in the condominium form of ownership, or a tenant-stockholder of a cooperative apartment corporation who owns, in whole or in part, a dwelling unit, as represented by his or her shares of stock in such cooperative apartment corporation. For purposes of these rules, with respect to any dwelling unit, or the shares representing a dwelling unit, held in trust solely for the benefit of a person or persons who would otherwise be eligible for an abatement pursuant to these rules were such person or persons the owner or owners of such dwelling unit, such person or persons are each deemed to be an "owner" of the dwelling unit. With respect to any dwelling unit, or the shares representing a dwelling unit, held in trust, the trustee or trustees of the trust are each deemed to be an "owner" of the dwelling unit. The holder or holders of a life estate in a dwelling unit are deemed to be "owner(s)" of the dwelling unit. An "owner" can only be an individual, and cannot be a corporation, partnership or any other entity, unless a waiver is granted pursuant to Subdivision (d) of 19 RCNY § 50-05 for a limited liability company or limited partnership. "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 Comptroller in accordance with the provisions of § 234 of the Labor Law. "Primary residence" means the dwelling unit in which the owner of the dwelling unit actually resides and maintains a permanent and continuous physical presence. "Qualified property" means (i) a designated property with an average unit assessed value of less than or equal to $60,000; or (ii) a designated property with an average unit assessed value of more than $60,000 and less than or equal to $100,000, and less than 30 dwelling units; or (iii) a designated property with respect to which an applicant has submitted an affidavit required under § 467-a of the Real Property Tax Law 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. "Regularly employed" means employed for a period of at least 90 days. "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 will be deemed to include successors who succeed to the rights and assume the obligations of sponsors. "Taxable status date" for a fiscal year means the January 5 that immediately precedes the commencement of such fiscal year. The taxable status date is the date as of which the condition and ownership of real property is considered for the purposes of determining the eligibility of a dwelling unit for the abatement for such fiscal year. (Amended City Record 4/19/2019, eff. 5/19/2019; amended City Record 4/27/2022, eff. 5/27/2022)

19 RCNY § 50-03 Eligibility for Abatement.

§ 50-03 Eligibility for Abatement. (a) Primary residence abatement. Dwelling units owned by an owner, one of which is the primary residence of such owner, and which are not ineligible for the abatement pursuant to this section or § 467-a of the Real Property Tax Law, will be eligible to receive the primary residence abatement, in the amount set forth in 19 RCNY § 50-04(b), but in no case will any of the dwelling units owned by the same owner in a condominium development or a cooperative apartment corporation development receive the primary residence abatement if the owner owns more than three dwelling units in the development. (b) Non-primary residence abatement. Any dwelling units that are owned by an owner in a condominium development or a cooperative apartment corporation development and which received the abatement in fiscal year 2011/12 and are otherwise eligible for the abatement, but are not eligible to receive the primary residence abatement pursuant to subdivision (a) of this section, will be eligible to receive only the non-primary residence abatement, in the amount set forth in 19 RCNY § 50-04(b), but in no case will any of the dwelling units owned by the same owner in a condominium development or a cooperative apartment corporation development receive the non-primary residence abatement if the owner owns more than three dwelling units in the development. (c) Ineligibility of dwelling units in property receiving other exemption or abatement. (1) Other exemption or abatement. Except as provided in paragraph (2) of this subdivision, a condominium dwelling unit that is receiving a complete or partial real property tax exemption or abatement pursuant to any other State or local law, or a dwelling unit located in real property held in the cooperative form of ownership that is receiving a complete or partial real property tax exemption or abatement pursuant to any other State or local law, will not be eligible to receive the abatement. (2) Exceptions. (i) For purposes of paragraph (1) of this subdivision, a condominium dwelling unit or property held in the cooperative form of ownership will be deemed not to be receiving complete or partial real property tax exemption or tax abatement if such unit or property is receiving benefits pursuant to any of the following sections of the Real Property Tax Law: (A) § 400 (real property owned by United States); (B) § 402 (United States or New York State property held under contract of sale): (C) § 404 (real property owned by the State of New York); (D) § 406 (real property owned by a municipal corporation); (E) § 408 (real property owned by school districts and boards of cooperative educational services); (F) § 410 (real property owned by special districts or property owners therein within district boundaries); (G) § 410-a (real property owned by special districts or property owners therein not within district boundaries); (H) § 412 (real property owned by public authorities); (I) § 412-a (real property owned by industrial development agencies); (J) § 416 (real property owned by the United Nations); (K) § 418 (real property owned by foreign governments); (L) § 420-a (real property owned by nonprofit organizations - mandatory class); (M) § 420-b (real property owned by nonprofit organizations - permissive class); (N) § 436 (real property owned by officers of religious denominations); (O) § 458 (real property owned by veterans); (P) § 458-a (real property owned by veterans - alternative exemption); (Q) § 462 (real property owned by religious corporations and used for residential purposes); (R) § 467 (real property owned by persons sixty-five years of age or over); (S) § 467-b (tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities); (T) § 499-bbb (green roof tax abatement); and (U) § 499-bbbb (solar electric generating system tax abatement). (ii) For purposes of paragraph (1) of this subdivision, a condominium dwelling unit or property held in the cooperative form of ownership will be deemed not to be receiving complete or partial real property tax exemption or tax abatement if such unit or property is receiving a tax abatement, but not an exemption, pursuant to § 489 of the Real Property Tax Law (alterations and improvements to multiple dwellings to eliminate fire and health hazards). (d) Ineligibility based on ownership of more than three dwelling units in the same development. (1) A dwelling unit will not be eligible for the abatement if, as of the applicable taxable status date, any owner of such dwelling unit is the owner, in whole or in part, of more than three dwelling units in the same condominium development or cooperative apartment corporation development. In such cases, none of the dwelling units owned by any such owner will be eligible for the abatement. (2) In the following examples, assuming the board applies for the abatement for fiscal year 2013/14, the eligibility of the owner for an abatement will be determined as follows: Example 1: A owns unit 101 in X Condominium Development. A also owns dwelling units 102 and 103 and a 30% ownership interest in unit 104, all in the same development as dwelling unit 101. No abatement will be granted for any of the dwelling units owned by A because A owns, in whole or in part, more than three dwelling units in the same development. Example 2: Assume the same facts as in Example 1, except that A has no ownership interest in dwelling unit 104. The abatement may be granted for all of the dwelling units owned by A because A owns a total of only three dwelling units and therefore does not own more than three dwelling units in the same development. Example 3: A owns dwelling units 101, 102 and 103, located in Building 1, which is included in Y Cooperative Corporation Development. A also owns dwelling unit 201, which is located in Building 2 in Y Cooperative Corporation Development. No abatement will be granted for any of the dwelling units owned by A because A owns more than three dwelling units in the same development. Example 4: A and B together own dwelling unit 101 in Z Condominium Development. B alone also owns dwelling units 102, 103 and 104, which are all located in Z Condominium Development. No abatement will be granted for dwelling unit 101 or any of the other dwelling units owned by B because B, an owner of dwelling unit 101, owns, in whole or in part, more than three dwelling units in the same development. (e) Ineligibility of dwelling unit transferred for purpose of receiving abatement. (1) Determination by Commissioner. An application for abatement will be denied, and an abatement granted will be revoked retroactively, for any fiscal year, in the event that the Commissioner determines that the transfer of such dwelling unit to the owner who owned such dwelling unit as of the applicable taxable status date for such fiscal year was made primarily for the purpose of receiving the abatement. (2) Basis for determination by Commissioner. In making such determination, the Commissioner 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. (3) Restoration of taxes upon revocation of abatement. If an abatement is revoked retroactively pursuant to paragraph (1) of this subdivision, then the real property taxes that were abated will be restored with interest at the rate applicable by law to real property taxes on the affected real property accrued from the date on which such restored taxes would have been due and payable had the abatement not been granted, to the date of payment. Any such restored real property taxes and interest will be enforceable as a tax lien in accordance with the provisions of Chapters 3 and 4 of Title 11 of the Administrative Code. (f) Sponsors. A dwelling unit owned by a party who is a sponsor in property held in the cooperative or condominium form of ownership as to which such party is a sponsor is not eligible to receive the abatement. (g) Qualified property requirement. For fiscal year 2022/23 and all subsequent fiscal years, no dwelling unit in a designated property other than a qualified property shall be eligible to receive an abatement. (Amended City Record 4/27/2022, eff. 5/27/2022)

19 RCNY § 50-04 Abatement Percentage.

§ 50-04 Abatement Percentage. (a) Primary residence abatement. The amount of the abatement for dwelling units eligible for the primary residence abatement as set forth in subdivision (a) of 19 RCNY § 50-03 will be the following percentage of the real property taxes attributable to or due on such dwelling units: (1) Dwelling units in property whose average unit assessed value is less than or equal to $50,000: (A) for fiscal year 2012/13, 25%; (B) for fiscal year 2013/14, 26.5%; and (C) for fiscal year 2014/15, 28.1%. (2) Dwelling units in property whose average unit assessed value is more than $50,000 but less than or equal to $55,000: (A) for fiscal year 2012/13, 22.5%; (B) for fiscal year 2013/14, 23.8%; and (C) for fiscal year 2014/15, 25.2%. (3) Dwelling units in property whose average unit assessed value is more than $55,000 but less than or equal to $60,000: (A) for fiscal year 2012/13, 20%; (B) for fiscal year 2013/14, 21.2%; and (C) for fiscal year 2014/15, 22.5%. (4) Dwelling units in property whose average unit assessed value is more than $60,000: for fiscal years 2012/13, 2013/14 and 2014/15, 17.5%. (b) Non-primary residence abatement. The amount of the abatement for any dwelling units eligible for the non-primary residence abatement as provided in subdivision (b) of 19 RCNY § 50-03 will be the following percentage of the real property taxes attributable to or due on such dwelling units: (1) Dwelling units in property whose average unit assessed value is less than or equal to $15,000: (A) for fiscal year 2012/13, 12.5%; and (B) for fiscal year 2013/14, 6.25%. (2) Dwelling units in property whose average unit assessed value is more than $15,000: (A) for fiscal year 2012/13, 8.75%; and (B) for fiscal year 2013/14, 4.375%. (3) If none of the dwelling units owned by an owner in a condominium development or a cooperative apartment corporation development is the primary residence of such owner, then no abatement pursuant to this chapter will be allowed for such dwelling units for fiscal year 2014/15 or any subsequent fiscal year. (c) Average unit assessed value. For purposes of this section, the average unit assessed value is determined as follows: (1) For real property held in the cooperative form of ownership, the percentage of shares of the cooperative apartment corporation allocated to dwelling units, multiplied by the total assessed value of the real property of the entire cooperative apartment corporation development in which the dwelling unit is located, divided by the total number of dwelling units in the entire cooperative apartment corporation development as of the taxable status date for the fiscal year to which the abatement applies; and (2) For real property held in the condominium form of ownership, the total assessed value of the dwelling units in the entire condominium development in which the dwelling unit is located, divided by the number of dwelling units in the entire condominium development in which the dwelling unit is located as of the taxable status date for the fiscal year to which the abatement applies. (d) Real property tax attributable to or due on a dwelling unit. For purposes of this section, "the real property taxes attributable to or due on a dwelling unit" is the amount of real property taxes attributable to or due on the dwelling unit for the fiscal year for which the abatement is to be calculated after deduction for any exemption or tax abatement (other than the abatement authorized by § 467-a of the Real Property Tax Law and this chapter) attributable to or received by the dwelling unit. (e) Examples of calculation of abatement for fiscal year 2013/14. Example 1: To determine the abatement for A's dwelling unit for fiscal year 2013/14: Facts: A owns a dwelling unit, which is A's primary residence, in Y Cooperative Apartment Corporation, a cooperative apartment corporation. The real property tax attributable to A's dwelling unit for fiscal year 2013/14 is $5,000. The actual assessed value of the property of Y Cooperative Apartment Corporation (the entire development) for fiscal year 2013/14 is $5,000,000. 90% of the shares of Y Cooperative Apartment Corporation are allocated to dwelling units. As of January 5, 2013, there were a total of 100 dwelling units in Y Cooperative Apartment Corporation. Calculation: In order to determine the abatement percentage to be used in the calculation, determine the average unit assessed value by multiplying the percentage of shares allocated to dwelling units by the total assessed value of the cooperative apartment corporation (the entire development), and then dividing by the total number of dwelling units in the cooperative apartment corporation as of the taxable status date: Step 1: 90% × $5,000,000 = $4,500,000 Step 2: $4,500,000/100 = $45,000. Because the average unit assessed value is less than $50,000, the percentage to be applied is 26.5%, as provided in 19 RCNY § 50-04(a)(1)(B). Therefore, the abatement for A's dwelling unit for fiscal year 2013/14 is 26.5% of the real property tax attributable to A's dwelling unit for fiscal year 2013/14, or: 26.5% × $5,000 = $1,325. Example 2: To determine the abatement for B's dwelling unit for fiscal year 2013/14: Facts: B owns a condominium dwelling unit, which is B's primary residence, in Z Condominium. The real property tax due on B's dwelling unit for fiscal year 2013/14 is $10,000. The total actual assessed value of the dwelling units in the entire condominium development in which B's dwelling unit is located for fiscal year 2013/14 is $9,000,000. As of January 5, 2013, there were a total of 100 dwelling units in the condominium development in which B's dwelling unit is located. Calculation: In order to determine the abatement percentage to be used in the calculation, determine the average unit assessed value by dividing the total assessed value of the dwelling units in the entire condominium development by the number of dwelling units in the condominium development as of the taxable status date: $9,000,000/100 = $90,000. Because the average unit assessed value is more than $60,000, the percentage to be applied is 17.5%, as provided in 19 RCNY § 50-04(a)(4). Therefore, the abatement for B's dwelling unit for fiscal year 2013/14 is 17.5% of the real property tax due on B's dwelling unit for fiscal year 2013/14, or: 17.5% × $10,000 = $1,750.

19 RCNY § 50-05 Application for Abatement.

§ 50-05 Application for Abatement. (a) Application for fiscal year 2012/13; where no application is required. (1) Cooperatives that received the abatement for fiscal year 2011/12. (A) The board of a cooperative apartment corporation that received the abatement for fiscal year 2011/12 was not required to file an application for the abatement for fiscal year 2012/13. (B) Basis for abatement if election made on information return. If a cooperative apartment corporation described in subparagraph (A) filed an information return on or before February 15, 2012 pursuant to the requirements of § 11-2105(g) of the Administrative Code and elected that the return be deemed an application for the abatement for fiscal year 2012/13, the abatement for fiscal year 2012/13 will be based on the information contained in such information return. (C) Basis for abatement if no election made on information return. If a cooperative apartment corporation described in subparagraph (A) filed an information return on or before February 15, 2012 pursuant to the requirements of § 11-2105(g) of the Administrative Code and did not elect that the return be deemed an application for the abatement for fiscal year 2012/13, the abatement for fiscal year 2012/13 will be based on the information contained in such information return, or on the information included in the application for the abatement that the board filed in calendar year 2011, or both. (D) Basis for abatement if no information return filed. If a cooperative apartment corporation received the abatement for fiscal year 2011/12, but did not file an information return on or before February 15, 2012 pursuant to the requirements of § 11-2105(g) of the Administrative Code, then the abatement for fiscal year 2012/13 will be based on the information included in the application for the abatement that the board filed in calendar year 2011, if any. (2) Condominiums that received the abatement for fiscal year 2011/12. If the board of a condominium that received the abatement for fiscal year 2011/12 did not file a timely application for the abatement for fiscal year 2012/13, the abatement for fiscal year 2012/13 will be based on the information included in the application for the abatement that the board filed in calendar year 2011. (3) Notwithstanding any other provision of this subdivision, no abatement will be granted for fiscal year 2012/13 to any dwelling unit that was not eligible for the abatement as of January 5, 2012, the taxable status date for fiscal year 2012/13. (b) Application for fiscal years 2013/14 and 2014/15. (1) Fiscal year 2013/14. No abatement will be granted for fiscal year 2013/14 to any dwelling unit that was not eligible for the abatement as of January 5, 2013, the taxable status date for fiscal year 2013/14. (2) Fiscal year 2014/15. A board must file an application for an abatement for fiscal year 2014/15 no later than February 15, 2014. No abatement will be granted for fiscal year 2014/15 to any dwelling unit that is not eligible for the abatement as of January 5, 2014, the taxable status date for fiscal year 2014/15. (b-1) Application for fiscal years subsequent to fiscal year 2014/15. For any fiscal year subsequent to fiscal year 2014/15, the deadline for filing an application for an abatement for the fiscal year commencing on July 1 is February 15 of the same calendar year. (c) Supplemental application from owner. The Commissioner may require an owner to submit a supplemental application with additional information necessary to determine whether the applicant is eligible for an abatement, including but not limited to proof of primary residence in a form and format and by a deadline determined by the Commissioner. (d) Waiver of requirement that dwelling unit be owned by an individual. (1) A limited liability company or limited partnership may submit an application for a waiver of the requirement that an owner of a dwelling unit must be an individual to be eligible for the abatement. The application will be in a form and format and by a deadline determined by the Commissioner. An applicant will be eligible for a waiver if the application demonstrates that: A. One or more of the partners or members is a law enforcement officer and there is an imminent or ongoing security concerns threat which necessitates ownership by a limited liability company or a limited partnership because disclosure of an individual's residence could reasonably put the individual in danger; and B. the dwelling unit is not used for commercial purposes; and C. the dwelling unit serves as the primary residence of one or more of the partners or members; and D. the partners or members that reside in the dwelling unit personally pay all of the cooperative maintenance fees, property taxes and other costs associated with the property's ownership. (2) An application must be filed on or before December 1 of the current tax year in order to be eligible for the abatement in the succeeding tax year. In order to be eligible to receive the abatement in a given tax year a waiver must be granted and in effect as of the taxable status date applicable to the tax year. The approved waiver must be submitted by the applicant to their condominium or cooperative board so that it can be submitted with the abatement application. (3) An approved waiver is in effect for a term of one year. The applicant must submit an annual waiver renewal application to the Commissioner for approval. The applicant will be eligible for a renewal of the waiver if the applicant demonstrates either that the security threat that existed at the time of the initial application is still in existence or that there is a different security threat which necessitates ownership by a limited liability company or limited partnership. (4) The Commissioner may request additional information if the Commissioner deems such information relevant to an application or renewal application. Such additional information will be provided within sixty days of the request. The Commissioner may deny an application for a waiver. The Commissioner will inform the applicant of the reasons for the denial in a written notice and advise the applicant that it has the right to appeal the denial. The appeal must be submitted to the Commissioner or his or her designee within 15 business days of the mailing of the notice. (e) Owner designated as applicant. The owner shall be designated as an applicant for the limited purpose of submitting information to verify the primary residence of the owner. (f) Certification. (1) The owner is required to certify the primary residence of such owner in the dwelling unit. Such certification must be in the form and manner prescribed by the Commissioner and must be submitted to the board or an authorized agent of the designated property where the dwelling unit is situated. The board or authorized agent must indicate the primary residence status of the owner of each dwelling unit in the application. 2) Notwithstanding paragraph (1) of this subdivision, the owner will not be required to certify the primary residence of such owner for fiscal year 2022/23, provided that the board or authorized agent reports primary residence status for such owner on the Abatement Initial Application or the Abatement Renewal and Change Form. The Department may request information from an owner to verify the primary residence status of such owner. (3) The board or the authorized agent is responsible for maintaining the certifications required by paragraph (1). The Department shall have the right to inspect and review the certifications. (g) Documentation of authority of authorized agent. The Commissioner may require any authorized agent to submit documentation, of the type and in the form acceptable to the Commissioner, affirming the authorized agent's authority to act on behalf of the board with respect to the application for abatement. (Amended City Record 4/19/2019, eff. 5/19/2019; amended City Record 4/27/2022, eff. 5/27/2022)

19 RCNY § 50-06 Primary Residence.

§ 50-06 Primary Residence. (a) Primary residence of owner. For purposes of determining eligibility for the primary residence abatement as described in subdivision (a) of 19 RCNY § 50-03, a dwelling unit must serve as the primary residence of one or more of the owners of the dwelling unit as of the taxable status date for the fiscal year to which the abatement applies, and the conveyance of a dwelling unit subsequent to such taxable status date will not affect eligibility of the dwelling unit for the abatement for the fiscal year to which the taxable status date applies. (b) Presumption of primary residence. (1) Except as provided in paragraph (2) of this subdivision, a dwelling unit will be presumed to serve as the primary residence of one or more of the owners of the dwelling unit for a particular fiscal year if such owner certifies primary residence status pursuant to subdivision (f) of 19 RCNY § 50-05 and either: (A) the dwelling unit receives a real property tax exemption pursuant to § 425 of the Real Property Tax Law for such fiscal year or the owner of the dwelling unit receives a tax credit pursuant to subsection (eee) of § 606 of the Tax Law; or (B) an owner of the dwelling unit entered the address of the dwelling unit as such owner's permanent home address on a New York State Resident Income Tax Return filed during the calendar year immediately preceding the calendar year in which such fiscal year commences. (2) Notwithstanding the presumption provided in this subdivision, the Commissioner may determine based on additional facts that a dwelling unit is not the primary residence of one or more of the owners of the dwelling unit. (3) If the Commissioner determines that a dwelling unit will not be presumed to serve as the primary residence of one or more of the owners of the dwelling unit because the dwelling unit does not meet the criteria contained in paragraph (1) of this subdivision, the owner may file a supplemental application as described in subdivision (c) of 19 RCNY § 50-05 to prove eligibility for the primary residence abatement. (c) Ownership of dwelling unit by entity other than an individual. Notwithstanding any other provision of these rules, for purposes of this chapter and § 467-a of the Real Property Tax Law, a dwelling unit can be the primary residence only of individuals, and cannot be the primary residence of a corporation, partnership or any other entity unless a waiver is granted pursuant to Subdivision (d) of 19 RCNY § 50-05. (d) Space used for parking or storage. A cooperative apartment corporation or condominium unit used solely for parking vehicles or for storage cannot be the primary residence of an owner. (Amended City Record 4/19/2019, eff. 5/19/2019; amended City Record 4/27/2022, eff. 5/27/2022)

19 RCNY § 50-07 Denial or Revocation of Abatement.

§ 50-07 Denial or Revocation of Abatement. (a) Unpaid charges requiring denial or revocation of abatement. An application for the abatement will be denied, and an abatement granted will be revoked retroactively, in the event that the Commissioner determines that there are arrears in real property taxes, water and sewer charges, assessments, payments in lieu of taxes and/or other municipal charges, including interest on any of the aforementioned amounts, and including tax liens that have been sold by the City: (1) on a condominium dwelling unit totaling in the aggregate at least $1,000; or (2) on cooperative apartment corporation property, totaling in the aggregate at least $25,000. For purposes of this subdivision, taxes and/or charges that are in arrears do not include any taxes and/or charges that are included in a written agreement to pay such taxes and/or charges in installments with the Department of Finance or, in the case of water and sewer charges, the New York City Department of Environmental Protection or the New York City Water Board, if all payments that have become due under such agreement have been made. (a-1) Denial or revocation of abatement upon a final determination of the Comptroller regarding the payment of prevailing wage for building service workers. (1) The Comptroller 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 in subdivisions 1, 4, 5, 6, 8 and 9 of § 235 of the Labor Law. (2) An application for abatement will be denied, and an abatement granted will be revoked retroactively, where the Commissioner is notified in writing that: (A) the Comptroller has issued a final determination, pursuant to subdivision (10) of § 467-a of the Real Property Tax Law, as to the payment of wages owed by an owner, successor, or any employer of building service employees that (i) requires such owner, successor or other employer to make a payment, and such owner, successor or other employer has failed to make such payment within 120 calendar days of receiving such final determination; (ii) finds a willful failure to pay prevailing wage, and two or more such determinations have been issued within a six-year period for the same designated property; or (iii) finds a willful failure to pay prevailing wage that involves a falsification of payroll records or the kickback of wages or supplements; and (B) there is no relevant proceeding for judicial review pending relating to such final determination, and the period for initiation of such proceeding has expired. (3) The written notification described in paragraph (2) of this subdivision may be in a form and manner as required by the Commissioner, including in an electronic form. (b) Restoration of taxes upon revocation of abatement. If an abatement is revoked retroactively pursuant to subdivision (a) or (a-1) of this section, then the real property taxes that were abated will be restored and must be paid to the Commissioner of Finance no later than the due and payable date provided on a notice of the amount payable, which may be in the form of a statement of account or an amended bill for real property taxes. Such notice will be mailed by the Commissioner to the address for the affected condominium unit or cooperative apartment corporation property on record with the Department for mailing statements of account or real property tax bills. The amount payable will constitute a tax lien on the affected cooperative apartment corporation property or condominium unit as of the due and payable date provided on such notice. If the amount payable is not paid by such due and payable date, interest at the rate applicable to delinquent real property taxes on the affected condominium unit or cooperative apartment corporation property will be imposed from the due and payable date provided on such notice to the date of payment, and such amount payable will be enforceable as a tax lien in accordance with provisions of Chapters 3 and 4 of Title 11 of the Administrative Code. (c) Effective date of revocation of abatement. In no event will revocation of an abatement pursuant to this section be effective prior to the earliest date on which any of the unpaid taxes or charges that are the basis for the revocation were first due and payable. A revocation based on a final determination of the Comptroller as described in this section shall apply to an abatement for the fiscal year or fiscal years that are the subject of such final determination. (Amended City Record 4/27/2022, eff. 5/27/2022)

19 RCNY § 50-08 Correction of Abatement.

§ 50-08 Correction of Abatement. (a) Erroneous determination on abatement. (1) Erroneous abatement. If the Commissioner determines that a unit that received the abatement was not entitled to receive such abatement (an "erroneous abatement"), then the Commissioner will restore the real property taxes abated by the erroneous abatement. (2) Erroneous denial of abatement. If the Commissioner determines that a dwelling unit was incorrectly denied an abatement to which the unit was entitled, then the Commissioner will apply the abatement in accordance with the procedures set forth in 19 RCNY § 24-04 to an installment or installments of real property taxes of the condominium dwelling unit or the cooperative apartment corporation property in which the affected cooperative apartment corporation dwelling unit is located in the amount of the abatement to which the dwelling unit was entitled. The Commissioner will mail a notice of the application of the abatement, which may be in the form of a statement of account or an amended bill for real property taxes, to the address for the affected condominium dwelling unit or cooperative apartment corporation property on record with the Department for mailing statements of account or real property tax bills. (b) Erroneously calculated abatement. (1) Excessive abatement. If the Commissioner determines that a dwelling unit received an abatement in an amount greater than the amount to which the dwelling unit was actually entitled (an "excessive abatement"), then the Commissioner will restore real property taxes in an amount equal to the difference between the abatement originally granted and the amount to which the dwelling unit was actually entitled. (2) Insufficient abatement. (A) Abatement credit. If the Commissioner determines that a dwelling unit received an abatement in an amount less than the amount to which the dwelling unit was actually entitled, then the Commissioner will apply an abatement credit in accordance with the procedures set forth in 19 RCNY § 24-04 to the real property taxes of the condominium dwelling unit or the cooperative apartment corporation property in which the affected cooperative apartment corporation dwelling unit is located, in an amount equal to the difference between the abatement originally granted and the amount to which the dwelling unit was actually entitled. The Commissioner will mail a notice of the application of the abatement credit, which may be in the form of a statement of account or an amended bill for real property taxes, to the address for the affected condominium dwelling unit or cooperative apartment corporation property on record with the Department for mailing statements of account or real property tax bills. (B) Application of abatement credit as timely payment of installment. If the installment of real property taxes to which the Commissioner applies the abatement credit became due and payable during the fiscal year as to which the Commissioner determines that there is an abatement credit, or during any fiscal year thereafter, the Commissioner may apply the abatement credit as if the credit were a timely payment of the tax installment to which the credit is applied, such that no interest will accrue on the amount of the tax installment satisfied by the abatement credit. (c) Lien for restored taxes. Real property taxes restored pursuant to either paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b) of this section must be paid to the Commissioner of Finance no later than the due and payable date provided on a notice of the amount payable, which may be in the form of a statement of account or an amended bill for real property taxes. Such notice will be mailed by the Commissioner to the address for the affected condominium unit or cooperative apartment corporation property on record with the Department for mailing statements of account or real property tax bills. The amount payable will constitute a tax lien on the affected cooperative apartment corporation property or condominium unit as of the due and payable date provided on such notice. If the amount payable is not paid by such due and payable date, interest at the rate applicable to delinquent real property taxes on the affected condominium unit or cooperative apartment corporation real property will be imposed from the due and payable date provided on such notice to the date of payment, and such amount payable will be enforceable as a tax lien in accordance with the provisions of Chapter 3 and Chapter 4 of Title 11 of the Administrative Code. (d) Erroneous or excessive abatement resulting from false information or omission on application. Notwithstanding the provisions of subdivision (c) of this section relating to interest, if the Commissioner determines that a unit received an erroneous or excessive abatement as the result of a false statement or false information or the omission of a material matter with respect to an application for the abatement (including a cooperative information return that a board elected to be deemed an application), then any real property taxes that are restored pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b) of this section will be restored with interest at the rate applicable by law to real property taxes on the affected real property. Such interest will be accrued from the date on which such restored taxes would have been due and payable had the erroneous or excessive abatement not been granted, to the date of payment. Any such interest will be enforceable as a tax lien in accordance with the provisions of Chapter 3 and Chapter 4 of Title 11 of the Administrative Code.

19 RCNY § 50-09 Audit Authority.

§ 50-09 Audit Authority. The Commissioner may inspect or examine the books and records of the owner or the board relevant to determining eligibility of a unit for the abatement, including the amount of abatement to which a unit may be entitled. The Comptroller shall have the power to conduct an investigation and hearing and file a final determination as provided in 19 RCNY § 50-07. (Amended City Record 4/27/2022, eff. 5/27/2022)

19 RCNY § 50-10 Required Affidavit for Qualified Property.

§ 50-10. Required Affidavit for Qualified Property. (a) Required affidavit. (1) With respect to any application for an abatement, other than (i) an abatement for a designated property with an average unit assessed value of less than or equal to $60,000; or (ii) a designated property with an average unit assessed value of more than $60,000 and less than or equal to $100,000, and less than 30 dwelling units; an officer or authorized agent of the designated property must submit an affidavit certifying that all building service employees employed or to be employed at the designated property shall receive the applicable prevailing wage for the duration of such abatement. The requirement to submit such affidavit applies regardless of whether the designated property employs or will employ any building service employees. (2) Such affidavit must be submitted to the Department as part of an application or renewal application for an abatement for fiscal year 2022/23 and all subsequent fiscal years, in a form and manner, including an electronic form or through a web-based application, as required by the Commissioner, on or before the due date for submission of the application for an abatement for such fiscal year as provided in subdivision (b-1) of 19 RCNY § 50-05. (3) The Department may accept an affidavit after the due date set forth in paragraph (2) of this subdivision, provided (i) a timely application for abatement for the designated property that is otherwise complete has been submitted and (ii) the board or the authorized agent has satisfied such other conditions as the Commissioner in his or her discretion may establish. (b) Failure to submit affidavit. If the affidavit required under subdivision (a) of this section is not submitted or is not submitted in a form and manner required by the Commissioner, the designated property with respect to which such affidavit is required shall not constitute a qualified property. (c) Prevailing wage. (1) The applicable prevailing wage and supplement rates for a building service employee are set forth in the building service employee schedule. (2) The obligation to pay prevailing supplemental benefits may be discharged either by the provision of: (A) bona fide fringe benefits that cost no less than the prevailing supplement rate in the applicable building service employee schedule; (B) a supplement to the hourly wage in an amount no less than such prevailing supplement rate; or (C) a combination of bona fide fringe benefits and wage supplements that, collectively, costs no less than such prevailing supplement rate. The provision of a dwelling unit free of a charge to a building service employee shall be considered a bona fide fringe benefit with a cost of no more than the value of prevailing rentals in the locality for comparable dwelling units. (3) Notwithstanding any provision of paragraph (2) of this subdivision, the obligation to pay prevailing wage cannot be reduced or discharged through the provision of bona fide fringe benefits that cost more than the prevailing supplement rate in the building service employee schedule. (d) The obligation to pay prevailing wage applies to any building service employee who performs building services at a designated property regardless of whether the owner of such designated property employs such employee. (Added City Record 4/27/2022, eff. 5/27/2022)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-41374Fetched: 10/24/2026