Filing of Income and Expense Statements

RCNY tit. 19, ch. 33

in effect

19 RCNY § 33-01 General Provisions.

§ 33-01 General Provisions. (a) Purpose. (1) Title 11, Chapter 2, § 11-208.1 of the Administrative Code of the City of New York requires owners of designated income-producing properties to file annual income and expense statements with the Department of Finance. The income and expense statement must be filed by electronic means in accordance with the provisions of subdivision (b) of 19 RCNY § 33-02. The annual filing of income and expense statements is necessary to improve the accuracy of assessments of income-producing properties, reduce the number of administrative and judicial review proceedings challenging tentative assessed valuations, ensure the equitable distribution of the intra-class tax burden, substantially reduce tax refunds to be paid by the City of New York, and ultimately to achieve fairness in the assessment process. (2) These regulations govern the administration of the filing of income and expense statements as authorized by Title 11, Chapter 2, § 11-208.1 of the Administrative Code of the City of New York. (3) Income and expense statements filed by property owners shall be governed by the substantive law and regulations in effect as of the date on which such statements are filed with the Department. (4) The Commissioner of Finance may delegate any of the duties of the Commissioner under these regulations to any employee of the Department of Finance whom the Commissioner designates as the Commissioner's representative. All references contained in these regulations relating to the Commissioner of Finance shall mean the Commissioner and/or the Commissioner's representative. (b) Income-producing property. (1) The term "income-producing property" as used in these regulations shall mean property owned for the purpose of securing an income from the property itself for which an income and expense statement is required pursuant to § 11-208.1 of the Administrative Code. Income-producing property shall include but shall not be limited to the following type of property: (i) apartment houses; (ii) commercial and professional condominiums; (iii) department stores; notwithstanding the provisions of subparagraph (iv) of paragraph (2) of this section, any owner-occupied department store occupying 10,000 or more square feet in a building is income-producing property for purposes of these rules; (iv) factories and industrial buildings; (v) garages and parking lots, regardless of whether they are owner-occupied; (vi) hospitals; (vii) hotels or motels, regardless of whether they are owner-occupied in part or in their entirety; (viii) lofts; (ix) mixed-use buildings of all types (e.g., buildings which contain both commercial and residential space, office and garage space, hotel and restaurant space); (x) nursing homes and health-related facilities; (xi) office buildings; (xii) partially tax-exempt properties; (xiii) places of public assembly; (xiv) privately owned educational structures; (xv) rented commercial and/or professional space in residential condominium buildings, or cooperative buildings with more than 2,500 square feet of commercial space, not including any garage; (xvi) restaurants; (xvii) retail stores; (xviii) theaters (movie or stage), regardless of whether they are owner-occupied; (xix) transportation facilities; (xx) vacant land (when income is derived from the land, e.g., unimproved land used as a parking lot); (xxi) warehouses; (xxii) self-storage warehouses, regardless of whether they are owner-occupied; (xxiii) gasoline stations, regardless of whether they are owner-occupied; (xxiv) car washes, regardless of whether they are owner-occupied; and (xxv) power plants, generators, telecommunication lines, railroads and other equipment defined as real property in paragraphs (c), (d), (e), (f) and (i) of subdivision 12 of § 102 of the Real Property Tax Law, regardless of whether it is owner-occupied, other than special franchise property that is assessed pursuant to article 6 of the Real Property Tax Law. (2) The following properties are not considered income-producing property for the purpose of these regulations and owners of such properties may, but are not required to, file income and expense statements pursuant to § 11-208.1 of the Administrative Code: (i) property with a tentative actual assessed valuation of $40,000 or less on the tentative assessment roll promulgated in the year that the income and expense statement would otherwise be required to be filed pursuant to subdivision (a) of 19 RCNY § 33-02; notwithstanding the preceding sentence, owners are not required to file income and expense statements if the actual assessed valuation for such tax year is subsequently reduced to $40,000 or less; (ii) residential property containing ten or fewer dwelling units; (iii) property classified in tax class one or tax class two as defined in § 1802 of the Real Property Tax Law containing six or fewer dwelling units and one retail store; (iv) except as otherwise provided in paragraph (1) of this subdivision, residential or commercial properties which are completely owner-occupied; for purposes of these rules, the meaning of "owner-occupied" shall include property that is leased to (A) individuals that are the spouse, parents, children or siblings of the property owner; (B) individuals that are the mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law or sister-in-law of the property owner; (C) businesses that are in common control with the property owner; and (D) beneficiaries of a property owner that is a fiduciary for such beneficiaries; (v) property which is fully exempt from real property taxation; (vi) exclusively residential property held in condominium form of ownership, or cooperative property with no more than 2,500 square feet of commercial space; and (vii) special franchise property that is assessed pursuant to article 6 of the Real Property Tax Law; and (viii) property that is uninhabitable where such property is in a state of substantial disrepair rendering such property unsafe or unfit for occupancy or use. (3) Notwithstanding any other provision of this subdivision, an income and expense statement must be filed for the commercial portion of a property owned by a not-for-profit organization or government entity if the property is leased to a commercial tenant, and in such cases, the commercial tenant may file the income and expense statement. Notwithstanding the preceding sentence, no income and expense statement is required if the use of the property by the commercial tenant is an exempt use under the provisions of the Real Property Tax Law and if real property owned by such tenant, if it owned any, is or would be exempt from taxation under the Real Property Tax Law, and if the rent paid by such tenant does not exceed the amount of the carrying, maintenance and depreciation charges of the portion of the property occupied by such tenant. (4) Notwithstanding any other provision of this subdivision, the owner of a ground floor or second floor commercial premises, as such terms are defined in subdivision a of § 11-3001 of the Administrative Code of the City of New York, as added by local law number 157 for the year 2019, must file a registration statement and, if applicable, a supplemental registration statement pursuant to section Chapter 30 of Title 11 of the Administrative Code of the City of New York, as added by local law number 157 for the year 2019, in conjunction with the income and expense statement. (c) Income and expense items. (1) Income items shall include but shall not be limited to the following: (i) rental income from tenants – actual rent paid or accrued for space occupied by tenants; (ii) rental value of owner-occupied space – the total rental value attributable to space occupied by the owner; (iii) operating escalation income actual amounts paid or accrued pursuant to lease escalation clauses in addition to a tenant's base rent resulting from increases in operating expenses; (iv) water, sewer and real estate tax escalation income – actual amounts paid or accrued pursuant to lease escalation clauses in addition to a tenant's base rent resulting from increases in water and sewer charges and real estate taxes; (v) sales of utilities and services – actually gross income from the sale of utilities and services such as electricity, air conditioning and cooking fuel; (vi) common area charges – amounts paid by or accrued from tenants for the maintenance and repair of interior and exterior common areas; (vii) services (e.g., laundry, valet, vending machines) – actual gross income from such services; (viii) senior citizen rent increase exemption (SCRIE) tax abatement – the sum of all real estate taxes abated by the City of New York plus any amounts above the current tax liability which are refunded or credited as a result of the exemption of individual senior citizens from rental increases pursuant to § 467-b of the Real Property Tax Law; (ix) rent subsidies paid by or accrued from a governmental body; (x) the value of improvements provided by the tenant in lieu of rent; and (xi) other income – any other income derived from the property, excluding interest on bank accounts and tenants' deposits. (2) Expense items shall include but shall not be limited to the following: (i) fuel – amounts paid or accrued for any fuel for heating or supplying hot water for the premises (including the cost of any cooking fuel provided to any of the tenants); (ii) light and power – amounts paid or accrued for these utilities; (iii) cleaning – amounts paid or accrued for cleaning contracts; (iv) wages – salaries and commissions paid or accrued for services relating to the operation and maintenance of the property (excluding salaries or commissions paid to directors, officers or management); (v) repairs and maintenance – amounts paid or accrued for the general maintenance and repair of the property, excluding the amount attributable to capital improvements. Reserve accounts for appropriate replacement costs (e.g., roofing, boilers), when prorated on a yearly basis over an acceptable period, will be treated as an acceptable expense, whether or not actually expended; (vi) common area maintenance – amounts paid or accrued for the maintenance of interior and exterior common areas; (vii) management and administration – expenses for management, legal and accounting services attributable to the property; (viii) insurance – annual charges for all insurance premiums relating to the property (multi-year policy premiums are to be prorated on a yearly basis); (ix) water and sewer – actual expenses incurred for water and sewer usage; (x) advertising and promotion – fees paid or accrued for advertising rental space in the property; (xi) decorating – the cost of all contracted labor and decorating materials; (xii) leasing expenses – prorated yearly costs of broker commissions and consultant fees which relate to renting space in the property; (xiii) real estate taxes – total annual real property taxes paid or accrued or in the case of a senior citizen rent increase exemption, the total tax levied; and (xiv) miscellaneous expenses – other expenses not mentioned above relating to the operation and maintenance of the property, excluding depreciation expenses, mortgage payments or interest expenses of any type. (d) The term “person” as used in these regulations means a natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization. (Amended City Record 3/31/2020, eff. 4/30/2020; amended City Record 7/22/2026, eff. 8/21/2026*) * Editor's note: Section 9 of the rule set forth in City Record 7/22/2026 provides that the rule applies to filings made pursuant to 19 RCNY Chapter 33 after January 1, 2027.

19 RCNY § 33-02 Annual Filing.

§ 33-02 Annual Filing. (a) Deadlines. (1) Owners of income-producing property must file with the Department of Finance an income and expense statement no later than the first day of June of each year. If the first day of June falls on a Saturday, Sunday or City of New York holiday, the deadline for filing will be the next business day. A separate income and expense statement must be filed for each parcel of income-producing property, except that a consolidated income and expense statement may be filed for one or more tax lots that are: (i) operated together as an economic unit or are otherwise related for purposes of valuation; and (ii) are under common ownership; and (iii) are contiguous or within the same tax block or within adjacent tax blocks; and (iv) are located within the same borough of the City. (2) The Commissioner of Finance may for good cause extend the deadline contained in paragraph (1) of this subdivision (a) for filing an income and expense statement by a period not to exceed thirty days, except that with respect to residential class two properties held in the cooperative or condominium form of ownership, by a period not to exceed sixty days. (b) Electronic filing. (1) Income and expense statements or, where required, claims of exclusion must be submitted electronically in the format prepared by the Department of Finance and located on the Department of Finance Internet website and in accordance with the instructions for submission of the income and expense statement found on the website. (2) Request for waiver of electronic filing requirement. The Commissioner may, for good cause, waive the requirement that the income and expense statement or, where required, claim of exclusion be filed electronically and permit the income and expense statement or, where required, claim of exclusion to be filed by means of a paper form. A request for waiver of the electronic filing requirement must be made in writing no later than thirty days prior to the deadline for filing an income and expense statement or, where required, claim of exclusion. Any filing in paper format must be filed with the New York City Department of Finance at such address as may be designated by the Department. (3) In the discretion of the Commissioner of Finance, if the New York City Tax Commission accepted an electronic filing of an income and expense statement as part of an application for correction of assessment for a property for the year for which an income and expense statement must be filed with the Department of Finance for such property, the electronic filing with the Tax Commission may satisfy either all or part of the requirements for the filing of an income and expense statement as determined by the Commissioner. (c) Presentation of data. (1) Owners of income-producing property who maintain their books and records on a calendar year basis shall file an income and expense statement containing information for the calendar year that immediately precedes the deadline for filing such statements. (2) Owners of income-producing property who maintain their books and records on a fiscal year basis shall file an income and expense statement containing information for the last fiscal year concluding before the first day of May immediately preceding the deadline for filing such statements. (3) Owners of income-producing property shall file an income and expense statement which indicates whether they maintain their books and records using the cash or accrual method of accounting. (4) Where the owner of the property has not owned the property and is without knowledge of the income and expenses of the operation of the property for the entire year for which the income and expense statement is required, then an income and expense statement will not be required for such year. However, the owner may be required to file a claim of exclusion pursuant to paragraph (3) of subdivision (e) of 19 RCNY § 33-02. (5) In addition to the income and expense statement, for any year, the Commissioner of Finance may require owners of income-producing property with a tentative actual assessed value at or above an amount determined by the Commissioner to file an addendum to the income and expense statement in a format determined by the Commissioner, containing rent roll information for a period determined by the Commissioner. The addendum will not be required for a property with a tentative actual assessed value of less than $750,000 for the tax year during which filing of the income and expense statement is required. Any addendum required by this paragraph shall be considered to be a part of the income and expense statement and any filing requirement contained in these rules for the income and expense statement shall also be applicable to the addendum. (d) Other filing requirements. (1) An owner of income-producing property will not be required to file an income and expense statement if the net lessee of the property files an income and expense statement for the property which contains complete information relating to the operation of the property, i.e., information from all net lessees of the property which reports all income derived from the property. Should both the owner and the net lessee fail to file a properly completed income and expense statement pursuant to 19 RCNY § 33-02(e), then the owner will be subject to the penalties provided in 19 RCNY § 33-03. (2) Properties for which an income and expense statement is filed by a net lessee will not be included on the list provided to the Tax Commission pursuant to 19 RCNY § 33-03(b). (3) Owners of income-producing property must file an income and expense statement notwithstanding the fact that the building was vacant for all or part of the calendar or fiscal year preceding the deadline for filing such statement, unless as of the deadline for filing the income and expense statement, the property is vacant due to an impending demolition and has no existing leases. (4) The owner of a building situated on land that it leases must file an income and expense statement for the building. The owner of land subject to a ground lease must file a separate income and expense statement for the land unless the owner of a building situated on the leased land provides the leasehold rent for the building on his or her income and expense statement. (5) Property leased by a subsidiary from a parent corporation is not considered owner-occupied for purposes of 19 RCNY § 33-01(b)(2)(iv) unless the subsidiary is wholly (100 percent) owned by the parent corporation. If a subsidiary is not wholly (100 percent) owned by the parent corporation, the parent corporation must file an income and expense statement for property leased to the subsidiary. (6) Owners of residential condominium with commercial and/or professional space, and owners of residential cooperative buildings with more than 2,500 square feet of commercial and/or professional space, must file an income and expense statement, but income and expense information is required only for the commercial and/or professional portion of the property. (7) If a property for which an income and expense statement is required is owned by either a government entity or a not-for-profit corporation, the income and expense statement may be filed by either the owner or, with respect to any space occupied by a commercial lessee, by such commercial lessee. (8) With respect to power plants, generators, telecommunication lines, railroads and other equipment defined as real property in paragraphs (c), (d), (e), (f) and (i) of subdivision 12 of § 102 of the Real Property Tax Law, other than special franchise property that is assessed pursuant to article 6 of the Real Property Tax Law, in addition to the requirement to file the items described in section 19 RCNY § 33-01(c) in accordance with the provisions of this chapter, the owner of such property must also file with the Department of Finance, no later than June 1 each year, a statement that constitutes a component of an income expense statement and includes: (i) a description of the use and the cost of: (A) all such property owned by such owner in the City of New York as of the end of the reporting year; (B) any such property that was retired during the reporting year; and (C) any such property that was added to or removed from inventory during the reporting year, including any such property the construction of which remained in progress as of the end of the reporting year. (ii) with respect to property that was acquired or disposed of in the preceding year, the person from whom such property was acquired or to whom such property was disposed, as applicable; and (iii) the address or other information sufficient to identify the location of any property reported pursuant to clauses (A) and (C) of subparagraph (i) of paragraph (8) of this subdivision in a format determined by DOF. (9) Notwithstanding the provisions of 19 RCNY § 33-01(b)(1)(xv) and 19 RCNY § 33-01(b)(2)(vi), for space in a condominium or cooperative building that represents units that have not been sold and remain owned by the sponsor, the property owner must file an income and expense statement that includes rent roll information in a format determined by the Commissioner of Finance, but this requirement will not apply unless at least ten percent in the aggregate of the total number of units in the condominium or cooperative building remain unsold and remain owned by the sponsor (or if a condominium or cooperative consists of more than one building governed by the same board of managers or directors, at least 10% of the units in the buildings in the aggregate remain unsold and remain owned by the sponsor). (e) Failure to file. (1) The failure of an owner of income-producing property to submit a form RPIE by the filing deadline shall subject the owner to the penalties provided in 19 RCNY § 33-03. (2) Notwithstanding the submission of a form RPIE by an owner, for purposes of 19 RCNY § 33-03, the term "failure to file an income and expense statement" may include, but not be limited to: (i) failure to file in the electronic format prepared by the Department of Finance, or, in the event that the electronic filing requirement is waived by the Commissioner under 19 RCNY § 33-02(b)(2), failure to use the forms prepared by the Department of Finance; (ii) failure to submit a separate income and expense statement for each parcel (consolidated statements may be submitted only for contiguous condominium lots operated as a single entity); (iii) failure to complete forms in a legible manner; (iv) failure to submit an addendum, when required under 19 RCNY § 33-02(c)(5); (v) failure to file a substantially complete and accurate income and expense statement which shall include but shall not be limited to: (A) failure to provide data for the appropriate accounting period; and (B) failure to provide a complete and accurate and itemized list of income and expense data; (vi) if the electronic filing requirement is waived by the Commissioner under 19 RCNY § 33-02(b)(2), failure to use the forms prepared by the Department of Finance, or failure to submit an income and expense statement containing the original signature of the owner(s) (the signature of an agent is not acceptable unless a power of attorney is attached to the statement); or (vii) failure to submit a statement required by 19 RCNY § 33-02(d)(8). (3) (i) Owners of property who contend that they are excluded from the filing requirement based on any provision of paragraph (2) of subdivision (b) of 19 RCNY § 33-01, other than subparagraphs (i), (ii), (iii) or (vii) of such paragraph (2), must file with the Department of Finance a claim of exclusion on a form prepared by the Department, no later than the first day of June each year for as long as the owner claims that the property is excluded from the filing requirement. If the first day of June falls on a Saturday, Sunday or City of New York holiday, the deadline for filing will be the next business day. (ii) In addition to the requirements of subparagraph (i) of this paragraph, owners of properties who claim that they are excluded from the filing requirement, and are required to file a claim of exclusion, must file a claim of exclusion on a form prepared by the Department no later than the June 1 that immediately follows the date on which the owner took title to the property. If the first day of June falls on a Saturday, Sunday or City of New York holiday, the deadline for filing will be the next business day. (iii) Owners who erroneously claim to be excluded from the filing requirements shall be subject to the penalties set forth in § 11-208.1 of the Administrative Code and 19 RCNY § 33-03 for failure to file an income and expense statement. Owners whose claim of exclusion is approved by the Department must notify the Department of any subsequent change in the physical condition or use of their property which would result in their being required to file an income and expense statement in future years. Failure to notify the Department of Finance of such a change may result in the imposition of penalties for the year(s) in which an income and expense statement was required. (iv) Owners of property who are required to file a claim of exclusion pursuant to paragraph (3) of subdivision (e) of 19 RCNY § 33-02 who file neither a timely claim of exclusion nor a timely income and expense statement will be subject to the penalties set forth in § 11-208.1 of the Administrative Code and 19 RCNY § 33-03. (v) The Commissioner may for good cause extend the deadlines provided in subparagraphs (i) and (ii) of this paragraph for filing a claim of exclusion by a period not to exceed thirty days, except that with respect to residential class two properties held in the cooperative or condominium form of ownership, by a period not to exceed sixty days. (vi) Notwithstanding the submission of a claim of exclusion by an owner, for purposes of 19 RCNY § 33-03, the term "failure to file a claim of exclusion" may include, but not be limited to: (A) failure to file in the electronic format prepared by the Department of Finance, or, in the event that the electronic filing requirement is waived by the Commissioner under paragraph (2) of subdivision (b) of 19 RCNY § 33-02, failure to use the forms prepared by the Department of Finance; (B) failure to submit a claim of exclusion containing the original signature of the owner or owners, or the signature of an agent accompanied by a power of attorney authorization); (C) failure to submit a separate claim of exclusion for each parcel (consolidated claims of exclusion may be submitted only for contiguous condominium lots operated as a single entity); and (D) failure to complete forms in a legible manner. (Amended City Record 7/22/2026, eff. 8/21/2026*) * Editor's note: Section 9 of the rule set forth in City Record 7/22/2026 provides that the rule applies to filings made pursuant to 19 RCNY Chapter 33 after January 1, 2027.

19 RCNY § 33-03 Penalties for Failure to File.

§ 33-03 Penalties for Failure to File. (a) Monetary penalties. (1) Owners of income-producing property who fail to file an income and expense statement by the first day of June, or in the event of an extension, by the extended due date, shall be subject to a penalty in accordance with the monetary penalty schedule set forth below, except as set forth in paragraph (2) of this subdivision. The final actual assessed valuation for the property promulgated in the calendar year in which the income and expense statement is required to be filed will be used to determine monetary penalties. Final Actual Assessed Valuation Penalty Amount $40,001 to $99,999 $300 $100,000 to $249,999 $750 $250,000 to $499,999 $1,500 $500,000 to $999,999 $3,000 $1,000,000 to $4,999,999 $5,000 $5,000,000 to $9,999,999 $20,000 $10,000,000 to $14,999,999 $40,000 $15,000,000 to $24,999,999 $60,000 $25,000,000 and above $100,000 (2) Owners of income-producing property who fail to file an income and expense statement for three consecutive years shall be subject to a penalty of five percent of the final actual assessed value for the property promulgated in the calendar year in which such a statement was to be filed. (3) [Reserved.] (4) Owners of income-producing property who are required to submit a claim of exclusion but fail to do so by the first day of June, or in the event of an extension, by the extended due date, will be subject to a penalty. Such penalty will not exceed the following amounts: (i) one hundred dollars for failure to submit a claim of exclusion in one year; (ii) five hundred dollars for failure to submit a claim of exclusion in two consecutive years; (iii) one thousand dollars for failure to submit a claim of exclusion in three consecutive years or more. (5) Any penalties prescribed in subdivision (a) of 19 RCNY § 33-03 when entered in the records of the Department of Finance will be a lien on the real property as to which the statement or claim was required to be filed and will continue to be a lien until paid. The lien may be enforced by tax lien sale, in rem foreclosure, or any other means provided by law for enforcement of tax liens. (6) If any penalty imposed under this subdivision is not paid within thirty days from the date it is entered in the records of the Department of Finance, interest will accrue on the amount of the penalty at the rate applicable to the affected real property for delinquent real property taxes, calculated from the date of entry to the date of payment. (7) Innocent purchasers. In cases where the closing or finalizing of the sale of real property occurs after the filing deadline for income and expense statements and precedes the later of the publication of both lists described in paragraph (7) of subdivision (d) of § 11-208.1 of the Administrative Code or the first property tax bill to reflect a penalty imposed on such property for failure to file an income and expense statement or, when required, a claim of exclusion, the Commissioner may waive any such penalty and/or cancel the lien imposed as a result of such penalty, upon request of the owner of the property, provided the owner files in the electronic format prepared by the Department a properly completed innocent purchaser waiver request no later than one hundred and twenty days following the later of the publication of both lists or the first property tax bill to reflect such a penalty. (8) The Commissioner, may for good cause, waive the requirement that the innocent purchaser waiver request form be filed electronically and permit the innocent purchaser waiver request form to be filed by means of a paper form. A request for waiver of the electronic filing requirement must be made in writing no later than ninety days following the later of the publication of both lists described in paragraph (7) of subdivision (d) of § 11-208.1 of the Administrative Code or the first property tax bill to reflect such a penalty. Any filing in paper format must be filed with the New York City Department of Finance at such address as may be designated by the Department. (b) Denial of tax commission hearing. The Department of Finance shall provide to the Tax Commission a list of the income-producing properties whose owners failed to file an income and expense statement for use by the Tax Commission in determining if a hearing on any objection to the assessment of property shall be denied by the Tax Commission, pursuant to § 11-208.1, subdivision d, paragraph (2) of the Administrative Code. (c) Subpoena of income and expense data. In the event that an income and expense statement has not been timely filed pursuant to 19 RCNY § 33-02, the Commissioner of Finance may compel by subpoena the production of the books and records of the owner relevant to the income and expenses of the property, and may make an application to any court of competent jurisdiction for an order compelling the owner to furnish the required income and expense statement. (Added City Record 6/12/2019, eff. 7/12/2019)

19 RCNY § 33-04 Hearings.

§ 33-04 Hearings. (a) General provisions. (1) Notice of failure to file timely statements and opportunity to cure. (i) Owners of income-producing property who fail to file a timely income and expense statement or, where required, a claim of exclusion, in compliance with § 11-208.1 of the Administrative Code and these rules will be notified of such failure to comply and of the opportunity for a hearing prior to the imposition of the penalties contained in 19 RCNY § 33-03. (ii) Except as provided in subparagraph (iii) of this paragraph, the notice will also provide that such owners may avoid penalties for failure to file by filing a properly completed income and expense statement or, where required, a claim of exclusion, no later than thirty days following the date of the notice. (iii) Notwithstanding any other provision of these rules, or any other determination by the Department of Finance of failure to file, if the Department of Finance determines by audit that an owner failed to file a substantially complete and accurate income and expense statement, the provisions of subparagraph (ii) of this paragraph do not apply with respect to the audit determination and, therefore, the owner may not avoid penalties for failure to file with respect to the audit determination by filing a properly completed income and expense statement. (2) Opportunity for hearings. Owners of income-producing property who were served with a notice pursuant to this subdivision shall have thirty days from the date of such notice to request a hearing before the Department of Finance by filing a petition for hearing on the form provided by the Department. Failure to file a petition for a hearing within thirty days of the date of such notice shall result in the imposition of such penalty or penalties as the Commissioner of Finance deems appropriate and as provided for in these rules. (3) Where to file petitions. Petitions shall be filed in person or by mail with the New York City Department of Finance at such address as may be designated by the Department. (4) Eligible petitioners. A petition may be filed only by an owner or by a duly authorized representative of the owner. (5) Designation of hearing officer. The Commissioner of Finance shall designate persons to serve as hearing officers to hear petitions filed pursuant to these rules. Such persons need not be employees of the Department of Finance. (6) Representation of petitioners. (i) An individual owner may file a petition on his or her own behalf and may present his or her own case at the hearing. A partnership may file a petition on its own behalf and may present its own case through a general partner without filing a power of attorney. A corporation may file a petition on its own behalf and may present its own case at the hearing through an officer or an employee for whom a duly authorized power of attorney is submitted. (ii) Attorney or agent with power of attorney. A petitioner may appear by an attorney or agent in a proceeding under these rules if such attorney or agent appears with the petitioner or files a power of attorney in proper form authorizing the attorney or agent to represent the petitioner. (iii) In any case in which a power of attorney has been filed and thereafter the petitioner desires to authorize an additional or a new attorney or agent, a new power of attorney must be filed revoking any and all powers of attorney previously filed with respect to the same proceeding. The revocation of the authority of the former attorney or agent shall not be effective so far as the Commissioner of Finance is concerned until the petitioner gives notice to that effect to the Commissioner. (iv) The power of attorney shall be filed with the hearing officer, unless one was filed with the petition. (7) Matters reviewable. The purpose of the hearing is to determine whether: (i) an income and expense statement or, where required, a claim of exclusion, was not filed, and if it was not filed, what penalties, if any, should be imposed; (ii) an income and expense statement or, where required, a claim of exclusion, was not timely filed, and if it was not timely filed, what penalties, if any, should be imposed; and/or (iii) a defective income and expense statement was filed, and if so, what penalties, if any, should be imposed; (8) Consolidation, joinder, severance. (i) Any party may request the consolidation of hearings relating to the same owner or parcel. (ii) Any party may request the severance of a case relating to another parcel when such parcel is not owned or controlled by the same owner or identical issues of fact or law are not involved. (iii) Consolidation, joinder or severance of any case or issue shall be permitted at the discretion of the hearing officer, subject to the provisions of 19 RCNY § 33-06. (9) All final decisions rendered by the Commissioner of Finance are reviewable under article 78 of the Civil Practice Law and Rules. (10) Ex parte communications. There shall be no ex parte communication with respect to the merits of any pending case between any party and the hearing officer. (11) Burden of proof. The petitioner shall have the burden of establishing each fact relevant to a determination of the matters reviewable under 19 RCNY § 33-04(g). (b) Hearings without personal appearance. A petition for a hearing without a personal appearance may be made by mail or by the Department of Finance internet website in accordance with this subdivision. In addition to the provisions of subdivision (a) of this section, the provisions of this subdivision shall apply to hearings that do not require a personal appearance. (1) Petition for hearing by mail. (i) A petition for a hearing by mail may be made only on a form provided by the Department of Finance, and must be made within the time prescribed for a request for a hearing pursuant to subdivision (a) of this section. (ii) Submission of additional documents. The petitioner may submit legal memoranda, additional documents or other material with the petition in support of the petitioner's position. The Department of Finance may also submit additional material to the hearing officer to support its position within a reasonable time as determined by the hearing officer. (2) Petition for hearing by website. (i) A petition for a hearing by website may be made only via the Department's website in accordance with the instructions that are found on the website for making such a request. (ii) Submission of additional documents. Except as otherwise provided in paragraph (3) of this subdivision, no documents other than the electronically filed petition may be submitted by the petitioner. The Department of Finance may submit additional material to the hearing officer to support its position within a reasonable time as determined by the hearing officer. (3) Request for additional documentation. Notwithstanding any other provision of this subdivision, the hearing officer may request additional memoranda or evidence from the parties where the hearing officer deems the submissions insufficient for a decision to be rendered. (4) At any time after approval of a request for a hearing by mail or website, the Commissioner of Finance may by subpoena require the production of books, papers and documents required to be kept by statute or rule. (5) The Commissioner of Finance shall issue a final determination based on the submissions that contains findings of fact, conclusions of law, and the dollar amount of the penalty imposed, if any. A copy of the determination shall be mailed to the petitioner and to the petitioner's representative. (c) Hearing in person. In addition to the provisions of subdivision (a) of this section, the following provisions shall apply to hearings at which the parties shall appear. (1) Subpoena. (i) At any time during a proceeding, the Commissioner of Finance may by subpoena require the attendance of witnesses and the production of books, papers and documents required to be kept by statute or rule. (ii) Upon request of a party not represented by an attorney, the Commissioner of Finance may issue subpoenas to require the attendance of witnesses at a hearing or to require the production of documentary evidence. Such request shall be made to the hearing officer by submitting a proposed subpoena. If the request is approved, service of the subpoena shall be the responsibility of the requesting party. An attorney may subpoena a witness or the production of documents as provided by article 23 of the Civil Practice Law and Rules. (2) Hearing officer. (i) The hearing shall be conducted by a hearing officer, who shall be authorized to: (A) administer oaths and affirmations; (B) regulate the course of the hearing, set the time and place for continuing the hearing, and fix the time for filing of legal briefs, memoranda and other documents; (C) rule upon offers of proof and receive relevant evidence; (D) require the parties at any time during the hearing to state their respective positions in support of any issues under consideration in the case; (E) question any party or witness for the purpose of clarifying the record; (F) take any other action for a speedy and expeditious hearing. (3) Hearing schedule. (i) The hearing shall be scheduled as soon as is practicable. The parties shall be given notice of the hearing date no fewer than twenty days prior to such date. The notice shall include the time, place and nature of the hearing. (ii) No request for postponement of the hearing date will be considered unless a written application setting forth good cause for the postponement is received by the hearing officer within ten calendar days after mailing of the hearing notice. In the event of an emergency, however, a postponement may be considered on less notice than provided herein. A postponement may be granted only in writing by the hearing officer. (4) Evidence. (i) At the hearing, the parties shall have the right to call and examine witnesses, to introduce exhibits, and to cross-examine opposing witnesses. (ii) No decision or determination shall be made except upon consideration of the record as a whole and as supported by the evidence. In the discretion of the hearing officer, technical rules of evidence need not be applied. However, effect shall be given to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. (5) Failure to appear. A default shall be entered upon the failure of the petitioner to appear at a hearing or at any adjourned date thereof, provided the petitioner has been given notice of the hearing date, and no written postponement has been granted pursuant to 19 RCNY § 33-04(c)(3). In the event of a default, the hearing shall be concluded and a final determination shall be issued pursuant to 19 RCNY § 33-04(c)(7) based on the record, if any, previously made. (6) Hearing record. Hearings shall be transcribed verbatim or recorded by electronic recording devices. A copy of the transcript or electronic recording may be purchased at such rates as may be fixed by the Commissioner of Finance. If any party deems the hearing record to be inaccurate in any material respect, that party shall promptly notify the other parties and the hearing officer not later than five calendar days from receipt of the hearing record, specifying the portions of the record believed to be inaccurate. (7) Final determination. Upon completion of the hearing, the Commissioner of Finance shall issue a final determination containing findings of fact, conclusions of law, and the dollar amount of the penalty imposed, if any. A copy of the determination shall be mailed to the petitioner and to the petitioner's representative.

19 RCNY § 33-05 Mailing Rules.

§ 33-05 Mailing Rules. (a) Date of filing. Any form or document that is permitted under these rules to be filed in paper format and which is required to be filed within a prescribed period or on or before a prescribed date under authority of any provision of § 11-208.1 of the Administrative Code, or any regulation enacted relating to the administration of such provision, that is mailed, shall be deemed delivered as of the date of the United States Postal Service postmark stamped on the envelope. (b) Filing by paper form; mailing requirements. (1) Any form or document that is permitted under these rules to be filed in paper format that is mailed will not be considered to be timely filed unless the document is mailed in accordance with the following requirements: (i) The document must be contained in an envelope or other appropriate wrapper and properly addressed to the Commissioner of Finance, bureau, office, officer or person with which or with whom the document is required to be filed. (ii) The envelope containing the document must be deposited in the mail of the United States within the prescribed period or on or before the prescribed date with sufficient postage prepaid. For this purpose, such document is considered to be deposited in the mail of the United States when it is deposited with the domestic mail service of the United States Postal Service. The domestic mail service of the United States Postal Service includes mail transmitted within, among and between the United States, its territories and possessions, and Army-Air Force (APO) and Navy (FPO) post offices. (iii) The envelope or other wrapper containing the document must bear a date stamped by the United States Postal Service which is within the prescribed period or on or before the prescribed date for the filing of such document, including any extension granted for such filing. If the postmark stamped by the United States Postal Service on the envelope or wrapper containing the document does not bear a date which falls within the prescribed period or on or before the prescribed date for filing such document the document will be considered not to be timely filed, regardless of when the envelope or wrapper containing such document is deposited in the mail. The sender assumes the risk that the envelope containing the document will not bear a postmark date stamped by the United States Postal Service within the prescribed period or on or before the prescribed date for the filing of such document (including any extension of time granted for such filing). See paragraph (3) of this subdivision (b) regarding the use of registered mail or certified mail. Furthermore, if the postmark made by the United States Postal Service on the envelope or wrapper containing the document is not legible, the person who is required to file the document has the burden of proving when the postmark was made. (2) Postmarks not made by the United States Postal Service. (i) If the postmark on the envelope or wrapper containing the document is made by other than the United States Postal Service, the document will be deemed to be timely filed or timely made in accordance with the following requirements: (A) the postmark so made must bear a date which falls within the prescribed period or on or before the prescribed date for the filing of such document, (including any extension granted for such filing); and (B) the document must be delivered by United States mail, within five days of the date of the postmark, to the Commissioner of Finance, bureau, office, officer or person with which or with whom such document is required to be filed. (ii) In case the document is received after five days from the date of the postmark, such document will be treated as having been timely filed, if the person who is required to file the document establishes: (A) that it was actually deposited in the mail within the prescribed period or on or before the prescribed date for filing the document; (B) that the delay in receiving the document was due to a delay in the transmission of the mail; and (C) the cause of such delay. (iii) If the envelope or wrapper containing the document has a postmark made by the United States Postal Service in addition to the postmark not so made, the postmark which was not made by the United States Postal Service will be disregarded, and whether the envelope was timely mailed will be determined solely by applying the provision of 19 RCNY § 33-05(a). (3) Registered and certified mailing. (i) If an envelope or wrapper containing a document is sent by United States registered mail, the date of such registration is treated as the postmark date and the date of delivery. (ii) If an envelope or wrapper containing a document is sent by United States certified mail and the sender's receipt is postmarked by the postal employee to whom such envelope is presented, the date of the postmark on such receipt is treated as the postmark date of the document and the date of delivery. (4) Document defined. The term "document", as used in this section, means but shall not be limited to any return, report, declaration, claim, statement, form, notice, petition, application, or other document required to be filed under authority of any provision of § 11-208.1 of the Administrative Code, or any regulation relating to the administration of such provision. (c) Saturday, Sunday or legal holidays. When the last day prescribed under authority of § 11-208.1 of the Administrative Code, or any regulation relating to the administration of such provision, relating to performing any act falls on a Saturday, Sunday, or legal holiday in the State of New York, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday or legal holiday.

19 RCNY § 33-06 Confidentiality – Disclosure Restrictions.

§ 33-06 Confidentiality – Disclosure Restrictions. (a) Neither income and expense statements filed in accordance with § 11-208.1 of the Administrative Code and these rules, nor any information set forth or contained in such statements, shall be disclosed to any person, except: (1) to the Tax Commission; (2) to the property owner who filed such income and expense statement or the duly authorized representative of such owner; (3) to the duly authorized agent of the Department of Finance or the Tax Commission whose services have been retained in connection with the review, analysis, or compilation of information contained in such statements upon the execution of an agreement to maintain the confidentiality of such statements; (4) to the legal representative of the Department of Finance or Tax Commission where an owner has brought an action to correct an assessment of real property; or (5) pursuant to proper judicial order or as otherwise provided by law. (b) Nothing contained in this chapter shall prevent the publication by the Department of Finance or the Tax Commission of statistics taken from income and expense statements which are so classified as to prevent the identification of particular statements and the items thereof. (c) The Department of Finance shall notify any person that has filed an income and expense statement in accordance with § 11-208.1 of the Administrative Code and these rules of any proceeding commenced or motion or subpoena served to compel disclosure of such statement or of any information contained therein within five business days of receiving any papers requesting such relief, except that in the event of a proceeding, motion or subpoena seeking disclosure of more than fifty income and expense statements, the Department of Finance shall give notice to those authorized representatives whose names are on file with the Department of Finance within fifteen business days of receiving any papers requesting such relief. (Amended City Record 7/22/2026, eff. 8/21/2026*) * Editor's note: Section 9 of the rule set forth in City Record 7/22/2026 provides that the rule applies to filings made pursuant to 19 RCNY Chapter 33 after January 1, 2027.

19 RCNY § 33-07 Effective Date.

§ 33-07 Effective Date. These regulations shall take effect immediately, and shall apply to income and expense statements and certificates of exclusion that are required to be filed by September 1, 1989, or, if the deadline is extended, by the deadline set by the Commissioner of Finance, and for every year thereafter.

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/0-0-0-40276Fetched: 10/24/2026