Termination or Recapture of Tax Benefits.
44 RCNY § 6-10
in effect§ 6-10 Termination or Recapture of Tax Benefits.
(a) The Comptroller may commence a proceeding to terminate prospective ANNY Program benefits and/or recapture ANNY Program benefits when an Applicant has committed three Violations of paragraphs (a), (b), or (c) of subdivision (3) of § 485-x of the RPTL within a five-year period and the Comptroller has found a failure to cure such Violations as set forth in 44 RCNY § 6-08, provided that the Comptroller has provided the notice required under 44 RCNY § 6-09.
(b) On or after the date of the third Violation, the Comptroller may seek to recapture all ANNY Program benefits received by an Applicant or Owner.
(c) Amounts subject to recapture will be:
(1) for each year in which taxes on an Eligible Multiple Dwelling were exempt from taxation pursuant to subdivision (2) of § 485-x, the amount exempted from real property taxation on an Eligible Multiple Dwelling; and
(2) interest on such amount as of the date the real property taxes on such Eligible Multiple Dwelling were due and payable, had such Eligible Multiple Dwelling not been exempt from real property taxes, until the date on which such taxes are paid.
(d) If the Comptroller determines to recapture ANNY Program benefits pursuant to this subdivision, the Comptroller will notify the Commissioner of Finance of the determination to recapture ANNY Program benefits, the date of such determination, and any other information needed by the Commissioner of Finance to transmit statements of account in accordance with § 11-129 of the Administrative Code, including the amount of real property taxes restored pursuant to this section and, if applicable, revised notices of value in accordance with Section 1511 of the Charter.
(Added City Record 6/30/2026, eff. 7/30/2026)
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/0-0-0-155813Fetched: 10/24/2026