§ 50-06 Primary Residence.
RCNY § 50-06
(a)Primary residence of owner. For purposes of determining eligibility for the primary residence abatement as described in subdivision (a) of 19 RCNY § 50-03, a dwelling unit must serve as the primary residence of one or more of the owners of the dwelling unit as of the taxable status date for the fiscal year to which the abatement applies, and the conveyance of a dwelling unit subsequent to such taxable status date will not affect eligibility of the dwelling unit for the abatement for the fiscal year to which the taxable status date applies.
(b)Presumption of primary residence.
(1)Except as provided in paragraph (2) of this subdivision, a dwelling unit will be presumed to serve as the primary residence of one or more of the owners of the dwelling unit for a particular fiscal year if such owner certifies primary residence status pursuant to subdivision (f) of 19 RCNY § 50-05 and either: (A) the dwelling unit receives a real property tax exemption pursuant to § 425 of the Real Property Tax Law for such fiscal year or the owner of the dwelling unit receives a tax credit pursuant to subsection (eee) of § 606 of the Tax Law; or (B) an owner of the dwelling unit entered the address of the dwelling unit as such owner's permanent home address on a New York State Resident Income Tax Return filed during the calendar year immediately preceding the calendar year in which such fiscal year commences.
(2)Notwithstanding the presumption provided in this subdivision, the Commissioner may determine based on additional facts that a dwelling unit is not the primary residence of one or more of the owners of the dwelling unit.
(3)If the Commissioner determines that a dwelling unit will not be presumed to serve as the primary residence of one or more of the owners of the dwelling unit because the dwelling unit does not meet the criteria contained in paragraph (1) of this subdivision, the owner may file a supplemental application as described in subdivision (c) of 19 RCNY § 50-05 to prove eligibility for the primary residence abatement.
(c)Ownership of dwelling unit by entity other than an individual. Notwithstanding any other provision of these rules, for purposes of this chapter and § 467-a of the Real Property Tax Law, a dwelling unit can be the primary residence only of individuals, and cannot be the primary residence of a corporation, partnership or any other entity unless a waiver is granted pursuant to Subdivision (d) of 19 RCNY § 50-05.
(d)Space used for parking or storage. A cooperative apartment corporation or condominium unit used solely for parking vehicles or for storage cannot be the primary residence of an owner. (Amended City Record 4/19/2019, eff. 5/19/2019; amended City Record 4/27/2022, eff. 5/27/2022)
