§ 50-08 Correction of Abatement.
RCNY § 50-08
(a)Erroneous determination on abatement.
(1)Erroneous abatement. If the Commissioner determines that a unit that received the abatement was not entitled to receive such abatement (an "erroneous abatement"), then the Commissioner will restore the real property taxes abated by the erroneous abatement.
(2)Erroneous denial of abatement. If the Commissioner determines that a dwelling unit was incorrectly denied an abatement to which the unit was entitled, then the Commissioner will apply the abatement in accordance with the procedures set forth in 19 RCNY § 24-04 to an installment or installments of real property taxes of the condominium dwelling unit or the cooperative apartment corporation property in which the affected cooperative apartment corporation dwelling unit is located in the amount of the abatement to which the dwelling unit was entitled. The Commissioner will mail a notice of the application of the abatement, which may be in the form of a statement of account or an amended bill for real property taxes, to the address for the affected condominium dwelling unit or cooperative apartment corporation property on record with the Department for mailing statements of account or real property tax bills.
(b)Erroneously calculated abatement.
(c)Lien for restored taxes. Real property taxes restored pursuant to either paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b) of this section must be paid to the Commissioner of Finance no later than the due and payable date provided on a notice of the amount payable, which may be in the form of a statement of account or an amended bill for real property taxes. Such notice will be mailed by the Commissioner to the address for the affected condominium unit or cooperative apartment corporation property on record with the Department for mailing statements of account or real property tax bills. The amount payable will constitute a tax lien on the affected cooperative apartment corporation property or condominium unit as of the due and payable date provided on such notice. If the amount payable is not paid by such due and payable date, interest at the rate applicable to delinquent real property taxes on the affected condominium unit or cooperative apartment corporation real property will be imposed from the due and payable date provided on such notice to the date of payment, and such amount payable will be enforceable as a tax lien in accordance with the provisions of Chapter 3 and Chapter 4 of Title 11 of the Administrative Code.
(d)Erroneous or excessive abatement resulting from false information or omission on application. Notwithstanding the provisions of subdivision (c) of this section relating to interest, if the Commissioner determines that a unit received an erroneous or excessive abatement as the result of a false statement or false information or the omission of a material matter with respect to an application for the abatement (including a cooperative information return that a board elected to be deemed an application), then any real property taxes that are restored pursuant to paragraph (1) of subdivision (a) or paragraph (1) of subdivision (b) of this section will be restored with interest at the rate applicable by law to real property taxes on the affected real property. Such interest will be accrued from the date on which such restored taxes would have been due and payable had the erroneous or excessive abatement not been granted, to the date of payment. Any such interest will be enforceable as a tax lien in accordance with the provisions of Chapter 3 and Chapter 4 of Title 11 of the Administrative Code.
