§ 5-55 Material Misrepresentations, Misstatements and Omissions.
RCNY § 5-55
(a)An applicant's or recipient's refusal to provide factual information or to cooperate with the commissioner or the staff of DBS in the review of the facts and circumstances upon which a determination of eligibility or of continued eligibility is to be based shall constitute grounds for denial of an applicant's eligibility, or for suspension or revocation of a recipient's certificate of eligibility.
(b)The commissioner may deny an application for a certificate of eligibility or suspend, terminate or revoke a certificate of eligibility issued pursuant to the program whenever: (1) a recipient fails to comply with the requirements set forth in the Act or these rules; (2) an application, certificate, amendment, supplement or other document submitted by an applicant pursuant to the Act or these rules contains a false or misleading statement as to a material fact or omits to state any material fact necessary in order to make the statements therein not false or misleading; (3) any real property tax or water or sewer charge due and payable with respect to an eligible building or targeted eligible building shall remain unpaid for at least one (1) year following the date upon which such tax or charge became due and payable, unless within thirty (30) days from the mailing of a notice of termination by DBS satisfactory proof is presented to DBS that any and all delinquent taxes and charges owing with respect to such building as of the date of such notice have been paid in full or are currently being paid in timely installments pursuant to a written agreement with the appropriate City agency; or (4) any payment in lieu of taxes payable with respect to such buildings shall remain unpaid for at least one (1) year following the date upon which such payment became due and payable, unless within thirty (30) days from the mailing of a notice of termination by DBS satisfactory proof is presented to DBS that any and all delinquent payments in lieu of taxes with respect to such building as of the date of such notice have been paid in full or are currently being paid in timely installments pursuant to a written agreement with the appropriate City agency.
(d)DBS shall revoke a certificate of eligibility in the event a recipient fails at any time within the first five (5) years of the benefit period to submeter any portion of a building as required by the Act or in accordance with the requirements set forth in 66 RCNY § 5-63(d)(1). The City may maintain a civil action or proceeding to recover an amount equal to any benefits improperly obtained.
