§ 50-03 Eligibility for Abatement.
RCNY § 50-03
(a)Primary residence abatement. Dwelling units owned by an owner, one of which is the primary residence of such owner, and which are not ineligible for the abatement pursuant to this section or § 467-a of the Real Property Tax Law, will be eligible to receive the primary residence abatement, in the amount set forth in 19 RCNY § 50-04(b), but in no case will any of the dwelling units owned by the same owner in a condominium development or a cooperative apartment corporation development receive the primary residence abatement if the owner owns more than three dwelling units in the development.
(b)Non-primary residence abatement. Any dwelling units that are owned by an owner in a condominium development or a cooperative apartment corporation development and which received the abatement in fiscal year 2011/12 and are otherwise eligible for the abatement, but are not eligible to receive the primary residence abatement pursuant to subdivision (a) of this section, will be eligible to receive only the non-primary residence abatement, in the amount set forth in 19 RCNY § 50-04(b), but in no case will any of the dwelling units owned by the same owner in a condominium development or a cooperative apartment corporation development receive the non-primary residence abatement if the owner owns more than three dwelling units in the development.
(c)Ineligibility of dwelling units in property receiving other exemption or abatement.
(1)Other exemption or abatement. Except as provided in paragraph (2) of this subdivision, a condominium dwelling unit that is receiving a complete or partial real property tax exemption or abatement pursuant to any other State or local law, or a dwelling unit located in real property held in the cooperative form of ownership that is receiving a complete or partial real property tax exemption or abatement pursuant to any other State or local law, will not be eligible to receive the abatement.
(2)Exceptions.
(i)For purposes of paragraph (1) of this subdivision, a condominium dwelling unit or property held in the cooperative form of ownership will be deemed not to be receiving complete or partial real property tax exemption or tax abatement if such unit or property is receiving benefits pursuant to any of the following sections of the Real Property Tax Law: (A) § 400 (real property owned by United States); (B) § 402 (United States or New York State property held under contract of sale): (C) § 404 (real property owned by the State of New York); (D) § 406 (real property owned by a municipal corporation); (E) § 408 (real property owned by school districts and boards of cooperative educational services); (F) § 410 (real property owned by special districts or property owners therein within district boundaries); (G) § 410-a (real property owned by special districts or property owners therein not within district boundaries); (H) § 412 (real property owned by public authorities); (I) § 412-a (real property owned by industrial development agencies); (J) § 416 (real property owned by the United Nations); (K) § 418 (real property owned by foreign governments); (L) § 420-a (real property owned by nonprofit organizations - mandatory class); (M) § 420-b (real property owned by nonprofit organizations - permissive class); (N) § 436 (real property owned by officers of religious denominations); (O) § 458 (real property owned by veterans); (P) § 458-a (real property owned by veterans - alternative exemption); (Q) § 462 (real property owned by religious corporations and used for residential purposes); (R) § 467 (real property owned by persons sixty-five years of age or over); (S) § 467-b (tax abatement for rent-controlled and rent regulated property occupied by senior citizens or persons with disabilities); (T) § 499-bbb (green roof tax abatement); and (U) § 499-bbbb (solar electric generating system tax abatement).
(ii)For purposes of paragraph (1) of this subdivision, a condominium dwelling unit or property held in the cooperative form of ownership will be deemed not to be receiving complete or partial real property tax exemption or tax abatement if such unit or property is receiving a tax abatement, but not an exemption, pursuant to § 489 of the Real Property Tax Law (alterations and improvements to multiple dwellings to eliminate fire and health hazards).
(d)Ineligibility based on ownership of more than three dwelling units in the same development.
(e)Ineligibility of dwelling unit transferred for purpose of receiving abatement.
(3)Restoration of taxes upon revocation of abatement. If an abatement is revoked retroactively pursuant to paragraph (1) of this subdivision, then the real property taxes that were abated will be restored with interest at the rate applicable by law to real property taxes on the affected real property accrued from the date on which such restored taxes would have been due and payable had the abatement not been granted, to the date of payment. Any such restored real property taxes and interest will be enforceable as a tax lien in accordance with the provisions of Chapters 3 and 4 of Title 11 of the Administrative Code.
(f)Sponsors. A dwelling unit owned by a party who is a sponsor in property held in the cooperative or condominium form of ownership as to which such party is a sponsor is not eligible to receive the abatement.
(g)Qualified property requirement. For fiscal year 2022/23 and all subsequent fiscal years, no dwelling unit in a designated property other than a qualified property shall be eligible to receive an abatement. (Amended City Record 4/27/2022, eff. 5/27/2022)
