2006 New York Code - Application For Certificate Of Eligibility.



 
    §   489-ddddd.   Application  for  certificate  of  eligibility.    1.
  Application for a certificate of eligibility pursuant to this title  may
  be  made  on  or  after  July  first,  nineteen  hundred ninety-five and
  continuing until June thirtieth, nineteen hundred ninety-nine, provided,
  however, that no benefits pursuant to this title shall  be  granted  for
  construction  work  performed pursuant to a building permit issued after
  July thirty-first, nineteen hundred ninety-nine. Such application  shall
  state  whether  it is for residential construction work or a combination
  of residential construction work and commercial construction  work,  and
  shall  be filed with the department of finance. In addition to any other
  information required by such department, the application  shall  include
  cost estimates or bids for the proposed construction and an affidavit of
  a   professional  engineer  or  architect  of  the  applicant's  choice,
  certifying that detailed plans  for  the  construction  work  have  been
  submitted  to  the  department of buildings. Such application shall also
  state that the applicant agrees to comply with and be subject  to  rules
  issued  from  time  to  time  by  the  department  of  finance to secure
  compliance with this title and all applicable local, state  and  federal
  laws.  Such application shall also certify that all taxes, water charges
  and sewer rents currently due and owing on the  property  which  is  the
  subject of the application have been paid or are currently being paid in
  timely installments pursuant to written agreement with the department of
  finance or other appropriate agency.
    2.  The burden of proof shall be on the applicant to show by clear and
  convincing evidence that the requirements for granting an exemption from
  payment of taxes  pursuant  to  this  title  have  been  satisfied.  The
  department   of  finance  shall  have  the  authority  to  require  that
  statements in connection with the application shall be made under oath.
    3. The department of finance shall issue a certificate of  eligibility
  upon  determining  that the applicant satisfies the requirements of this
  title. Such  certificate  shall  state  whether  the  benefits  are  for
  residential   construction   work   or   a  combination  of  residential
  construction work and commercial construction work.  The effective  date
  of such certificate shall be the date on which a building permit for the
  construction work is issued by the department of buildings.

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