Section 11-262. Conversion of property  


Latest version.
  • a. Any recipient whose property is
      the subject of a certificate of eligibility for commercial or renovation
      construction work, and who, prior  to  the  expiration  of  the  benefit
      period,  uses  such  property  as industrial property, shall continue to
      receive benefits for commercial or renovation construction work  as  the
      case may be.
        b.  Any  recipient  whose  property is the subject of a certificate of
      eligibility for industrial construction work,  and  who,  prior  to  the
      expiration  of  the  benefit  period,  uses  such property as commercial
      property, shall cease to be eligible for further exemption or  abatement
      for  industrial  construction  work  as  of  the last date to which such
      recipient proves by clear and convincing evidence that such property was
      used as industrial property, and shall pay with interest any  taxes  for
      which  an  exemption  or  abatement  was claimed after such date, except
      that:
        (1) a  recipient  of  a  certificate  of  eligibility  for  industrial
      construction  work  in  a  special  exemption  area  who would have been
      eligible  to  receive  a  certificate  of  eligibility  for   commercial
      construction  work at the time such recipient applied for benefits shall
      continue to receive an exemption for industrial construction; and
        (2) a  recipient  of  a  certificate  of  eligibility  for  industrial
      construction  work  in  a  regular  exemption  area  who would have been
      eligible  to  receive  a  certificate  of  eligibility  for   commercial
      construction work at the time such recipient applied for benefits shall,
      commencing  with  the  date  of  conversion  to  commercial property and
      continuing until the expiration of the  benefit  period  for  commercial
      construction work, receive any exemption which such recipient would have
      received  in  the  corresponding  tax  year pursuant to a certificate of
      eligibility for commercial construction work; and
        (3) a  recipient  of  a  certificate  of  eligibility  for  industrial
      construction  work  in  any  area of the city on whose property at least
      sixty-five per centum of the net square footage continues to be used  or
      held  out  for  use  for  manufacturing  activities  after conversion to
      commercial property, shall not be required to pay the pro rata share  of
      tax for which an exemption was claimed during the tax year in which such
      conversion occurred.
        c.  Except as provided in subdivision d of this section, any recipient
      whose property is the  subject  of  a  certificate  of  eligibility  for
      commercial,  industrial  or  renovation  construction work, and who uses
      such property as residential property or  for  any  restricted  activity
      prior  to  the  expiration  of  the  benefit  period,  shall cease to be
      eligible for further exemption, abatement or deferral  as  of  the  date
      such  property  was  first  used  as  residential  property  or  for any
      restricted activity. In the  case  of  property  in  an  area  that  was
      designated  as  an  exemption  area  at  the  time  the  certificate  of
      eligibility was issued, such recipient shall pay with interest any taxes
      for which an exemption was claimed after such date,  including  the  pro
      rata  share  of  tax  for which any exemption was claimed during the tax
      year in which such use occurred. In the  case  of  industrial  property,
      such  recipient shall pay with interest any taxes for which an exemption
      or abatement was claimed after such date, including the pro  rata  share
      of  tax  for which any exemption or abatement was claimed during the tax
      year in which such use occurred. In the case of property in an area that
      was designated as a  deferral  area  at  the  time  the  certificate  of
      eligibility  was issued, all deferred tax payments on the property shall
      become due and payable immediately.
        d. Notwithstanding subdivision c of this section, any recipient  whose
      property  is  the subject of a certificate of eligibility for commercial
    
      or renovation construction work with an effective date of July  1,  1992
      or after, and who, prior to the expiration of the benefit period, uses a
      portion  of  such  property  as  residential property, shall cease to be
      eligible for further exemption for commercial or renovation construction
      work  for  that portion of such property used as residential property as
      of the date such portion of the property was first used  as  residential
      property.  Such  recipient shall pay, with interest, any taxes for which
      an exemption was claimed after such date attributable to that portion of
      the property used as residential property, including the pro rata  share
      of tax for which such exemption was claimed during the tax year in which
      such use occurred. Such recipient shall continue to receive an exemption
      for  commercial  or renovation construction work for that portion of the
      property which continues to be used as commercial property.