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What is NYC AC § 11-263?

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This section outlines the responsibilities of the Department of Finance in administering a benefit program for industrial, commercial, and renovation construction work. It includes publicizing benefits, reviewing applications, inspecting properties, and collecting taxes. Applies to property owners involved in eligible construction projects seeking tax benefits.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 11-263 Administration of the benefit program.

AC § 11-263

a. The department of finance shall have, in addition to any other functions, powers and duties which have been or may be conferred on it by law, the following functions, powers and duties: (1) To publicize the availability of benefits pursuant to this part for industrial, commercial and renovation construction work.

(2)To receive and review applications for certificates of eligibility, issue such certificates where authorized pursuant to section 11-260 of this part, and record the issuance of such certificates as prescribed in such section.

(3)To receive evidence of expenditures made for construction, and where such expenditures do not equal the amount required to qualify for exemption from or abatement or deferral of tax payments to take appropriate action, including but not limited to denying, reducing, suspending, terminating or revoking benefits pursuant to this part.

(4)To enter and inspect property to determine whether it is industrial or commercial or mixed-use and to determine whether (a) any such property is being used for any restricted use, or (b) any property which is the subject of a certificate of eligibility for industrial construction work is being used as commercial property, or (c) any industrial or commercial property is being used as residential or mixed-use property, or (d) all or part of the nonresidential portion of mixed-use property is being used as residential property.

(5)To collect all real property taxes for which payment is deferred pursuant to this part.

(6)To collect all real property taxes, with interest, due and owing as a result of reduction, suspension, termination or revocation of any exemption from or abatement or deferral of taxes granted pursuant to this part.

(7)To make and promulgate regulations to carry out the purposes of this part including, but not limited to, regulations requiring applicants to publish notice of their applications, defining manufacturing and commercial activities and specifying the nature of work for which expenses may be included in the minimum required expenditure, provided, however, that any regulation increasing the minimum required expenditure shall not apply to any person who is a recipient on the effective date of such regulation. Such regulations shall include a requirement that with respect to the construction work recipients and their contractors shall be equal opportunity employers and shall also provide that persons employed in the construction work shall implement a training program for economically disadvantaged persons enrolled or eligible to be enrolled in training programs approved by the department of labor, with particular reference to city residents. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1995/058.

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