2006 New York Code - Application For Certificate Of Eligibility.

 
    §   489-eeee.   Application   for  certificate  of  eligibility.    1.
  Application for a certificate of eligibility pursuant to this title  may
  be  made immediately following the effective date of a local law enacted
  pursuant to this title and continuing until June thirtieth, two thousand
  seven;  provided,  however,  that  application  for  a  certificate   of
  eligibility for renovation construction work for property located in the
  renovation  exemption  area  specified in subparagraph (ii) of paragraph
  (d) of subdivision five of section four hundred eighty-nine-cccc of this
  title may not be  made  after  January  thirty-first,  nineteen  hundred
  ninety-five;   provided,   further,  however,  that  application  for  a
  certificate of  eligibility  for  construction  of  a  new  building  or
  structure  that  meets the requirements set forth in subdivision nine of
  section  four  hundred  eighty-nine-dddd  of  this  title  in  the   new
  construction  exemption  area  specified in paragraph (a) of subdivision
  six of section four hundred eighty-nine-cccc of this title  may  not  be
  made after December thirty-first, nineteen hundred ninety-six; provided,
  further,  however, that application for a certificate of eligibility for
  construction of a new building or structure that meets the  requirements
  set  forth  in subdivision nine of section four hundred eighty-nine-dddd
  of this title in  the  new  construction  exemption  area  specified  in
  paragraph   (b)   of   subdivision   six   of   section   four   hundred
  eighty-nine-cccc of this title may not be made after June thirtieth, two
  thousand  three;  and  provided,  further,  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,  two
  thousand   seven.  Such  application  shall  state  whether  it  is  for
  industrial, commercial or renovation 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  the
  rules  issued  from  time to time by the department of finance to secure
  compliance with all applicable city, state and  federal  laws  or  which
  implement  mayoral  directives  and  executive orders designed to ensure
  equal employment opportunity. If  required  by  local  law  or  rule  as
  described  in  section four hundred eighty-nine-llll of this title, such
  application shall also state that the applicant agrees  to  comply  with
  the  program  established  thereby to ensure meaningful participation of
  minority and women-owned business enterprises in construction  work  for
  which  the  applicant  receives  benefits.  Such  application shall also
  certify that all taxes 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.
    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
  or abatement or deferral of 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 be made under
  oath.
    3.  The department of finance shall issue a certificate of eligibility
  upon determining that  the  applicant  satisfies  the  requirements  for
  industrial,  commercial or renovation construction work in an area where
  benefits are available for  such  work.  Such  certificate  shall  state
  whether  such  benefits  are to be granted for industrial, commercial or
  renovation construction work, and in which class of area the property is
  located. The effective date of such certificate, except as  provided  in
  paragraph  (b)  or  paragraph  (d)  of subdivision three of section four
  hundred  eighty-nine-dddd of this title, shall be the earlier of (a) the
  date on which a building permit for the construction work is  issued  by
  the  department  of  buildings, or (b) the last day before the effective
  date of any designation of boundaries by the  commission  which  changes
  the  class  of area in which the property is located so as to reduce the
  level of benefits for commercial construction  work  on  such  property.
  Where  the  effective  date  of  the  certificate of eligibility is July
  first, nineteen hundred ninety-two or after, the  benefits  granted  for
  industrial,  commercial or renovation construction work pursuant to this
  title shall be in accordance  with  the  provisions  of  this  title  as
  amended  by  chapter  seven  hundred  eighty-one of the laws of nineteen
  hundred ninety-two, chapter seven hundred  twenty-six  of  the  laws  of
  nineteen  hundred ninety-four, chapter six hundred sixty-one of the laws
  of nineteen hundred ninety-five, chapter one hundred forty-three of  the
  laws  of nineteen hundred ninety-nine and the chapter of the laws of two
  thousand three that added this clause. Where the effective date  of  the
  certificate  is  June  thirtieth, nineteen hundred ninety-two or before,
  the benefits granted for  industrial  or  commercial  construction  work
  pursuant  to  this  title  shall be in accordance with the provisions of
  this title as it was in effect until June  thirtieth,  nineteen  hundred
  ninety-two  immediately  prior to its amendment by chapter seven hundred
  eighty-one of the laws of  nineteen  hundred  ninety-two.  No  recipient
  whose  property  is  the  subject  of  a  certificate of eligibility for
  commercial construction work in a deferral area  shall  be  eligible  to
  apply  for a certificate of eligibility for renovation construction work
  on the same property, where the renovation construction work is the same
  as, or similar to,  the  commercial  construction  work  for  which  the
  deferral  area  certificate  was  issued,  until  three  years after the
  effective date of the deferral  area  certificate.  No  recipient  shall
  receive  a  tax deferral and a tax exemption for the same expenditure on
  eligible construction work.
    4. A copy of the certificate of eligibility  shall  be  filed  by  the
  department  of finance in the manner prescribed for recording a mortgage
  pursuant to section two hundred ninety-one-d of the real property law.
    5. The department of  finance  may  provide  by  rule  for  reasonable
  administrative   charges   or  fees  necessary  to  defray  expenses  in
  administering the benefit program provided by this title.