Section 11-2115. Returns to be secret  


Latest version.
  • a. Except in accordance with proper
      judicial order, or as otherwise provided by law, it  shall  be  unlawful
      for the commissioner of finance, register or tax appeals tribunal or any
      officer  or  employee  of  the  department  of  finance, register or tax
      appeals tribunal to divulge or make known in any manner any  information
      contained in or relating to any return provided for by this chapter. The
      officers  charged with the custody of such returns shall not be required
      to produce any of them or evidence of anything contained in them in  any
      action  or proceeding in any court, except on behalf of the commissioner
      of finance in an action or  proceeding  under  the  provisions  of  this
      chapter,  or on behalf of any party to an action or proceeding under the
      provisions of this chapter when the returns or facts shown  thereby  are
      directly  involved  in  such  action  or  proceeding, in either of which
      events the court may  require  the  production  of,  and  may  admit  in
      evidence,  so much of said returns or of the facts shown thereby, as are
      pertinent to the action or proceeding and no more. Nothing herein  shall
      be  construed to prohibit the delivery to a grantor or grantee of a deed
      or to any subsequent owner of the real property conveyed by such deed or
      to the duly authorized representative of any of them of a certified copy
      of any return filed in connection with the tax  on  such  deed;  nor  to
      prohibit  the delivery of such a certified copy of such return or of any
      information contained in or relating thereto to  the  United  States  of
      America  or  any  department  thereof,  the  state  of  New  York or any
      department thereof, the city of  New  York  or  any  department  thereof
      provided the same is required for official business; nor to prohibit the
      inspection  for  official  business of such returns by the register, the
      corporation counsel or other legal representatives of the city or by the
      district attorney of any county within the city;  nor  to  prohibit  the
      publication of statistics so classified as to prevent the identification
      of particular returns or items thereof.
        b.  (1) Any officer or employee of the city who willfully violates the
      provisions of subdivision a of this  section  shall  be  dismissed  from
      office  and be incapable of holding any public office in this city for a
      period of five years thereafter.
        (2) Cross-reference: For criminal penalties, see chapter forty of this
      title.
        c. This section shall be  deemed  a  state  statute  for  purposes  of
      paragraph  (a)  of subdivision two of section eighty-seven of the public
      officers law.
        d. Notwithstanding anything in subdivision a of this  section  to  the
      contrary,  if  a  taxpayer  has  petitioned the tax appeals tribunal for
      administrative review as provided in section one hundred seventy of  the
      charter,  the  commissioner of finance shall be authorized to present to
      the tribunal any report or return of such taxpayer, or  any  information
      contained therein or relating thereto, which may be material or relevant
      to the proceeding before the tribunal. The tax appeals tribunal shall be
      authorized  to  publish  a  copy  or  a summary of any decision rendered
      pursuant to section one hundred seventy-one of the charter.
        e. This section shall not apply to any  information  contained  in  or
      relating  to  a  return  filed on or after the first day of January, two
      thousand three with respect to a transaction or transfer occurring on or
      after that date; provided, however, that this section shall continue  to
      apply  to  any social security account number contained in any report or
      return pursuant to this chapter.