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What is NYC RCNY § 22-05?

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(a) A certification by an owner shall be accepted by the Department of Finance as prima facie proof of the tax abatement due, subject to annual adjustment on the basis of audit by the Department of Housing, Preservation and Development. The Department of Finance will notify the Department of Housing, Preservation and D

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§ 22-05 Adjustment of Abatement.

RCNY § 22-05

(a)A certification by an owner shall be accepted by the Department of Finance as prima facie proof of the tax abatement due, subject to annual adjustment on the basis of audit by the Department of Housing, Preservation and Development. The Department of Finance will notify the Department of Housing, Preservation and Development of abatements recognized.

(b)Adjustment of taxes payable and abatements recognized, based on intervening changes in the amount of legal rent due or in the amount of the exemption for a calendar year shall be made annually, in August of each year to the extent possible, starting in August, 1974, after receipt by the Department of Finance from the Department of Housing, Preservation and Development of notice of adjustments and of taxes to be abated for the preceding calendar year with respect to each property.

(c)If such annual adjustment discloses that an abatement previously recognized is insufficient in amount, the owner of the real property shall file with the Department of Finance a certification claiming the additional abatement disclosed by the adjustment, and simultaneously shall file copies thereof with the Department of Housing, Preservation and Development and the tenant. The additional abatement will be recognized in the month for which a payment of tax is required to be made which next follows the receipt of such certification.

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