Section 489-EEEE. Application for certificate of eligibility

1. Application
  for  a  certificate  of  eligibility  pursuant to this title may be made
  immediately following the effective date of a local law enacted pursuant
  to this title and continuing until June thirtieth, two  thousand  eight;
  provided, however, that application for a certificate of eligibility for
  renovation  construction  work  for  property  located in the renovation
  exemption area specified  in  subparagraph  (ii)  of  paragraph  (d)  of
  subdivision  five of section four hundred eighty-nine-cccc of this title
  may  not  be  made  after   January   thirty-first,   nineteen   hundred
  ninety-five;   provided,   further,  however,  that  application  for  a
  certificate of  eligibility  for  construction  of  a  new  building  or
  structure  that  meets the requirements set forth in subdivision nine of
  section  four  hundred  eighty-nine-dddd  of  this  title  in  the   new
  construction  exemption  area  specified in paragraph (a) of subdivision
  six of section four hundred eighty-nine-cccc of this title  may  not  be
  made after December thirty-first, nineteen hundred ninety-six; provided,
  further,  however, that application for a certificate of eligibility for
  construction of a new building or structure that meets the  requirements
  set  forth  in subdivision nine of section four hundred eighty-nine-dddd
  of this title in  the  new  construction  exemption  area  specified  in
  paragraph   (b)   of   subdivision   six   of   section   four   hundred
  eighty-nine-cccc of this title may not be made after June thirtieth, two
  thousand  three.  Such  application  shall  state  whether  it  is   for
  industrial,  commercial  or  renovation  construction work, and shall be
  filed  with  the  department  of  finance.  In  addition  to  any  other
  information  required  by such department, the application shall include
  cost estimates or bids for the proposed construction and an affidavit of
  a  professional  engineer  or  architect  of  the  applicant's   choice,
  certifying  that  detailed  plans  for  the  construction work have been
  submitted to the department of buildings. Such  application  shall  also
  state  that  the  applicant  agrees to comply with and be subject to the
  rules issued from time to time by the department of  finance  to  secure
  compliance  with  all  applicable  city, state and federal laws or which
  implement mayoral directives and executive  orders  designed  to  ensure
  equal  employment  opportunity.  If  required  by  local  law or rule as
  described in section four hundred eighty-nine-llll of this  title,  such
  application  shall  also  state that the applicant agrees to comply with
  the program established thereby to ensure  meaningful  participation  of
  minority  and  women-owned business enterprises in construction work for
  which the applicant  receives  benefits.  Such  application  shall  also
  certify  that all taxes currently due and owing on the property which is
  the subject of the application have been paid  or  are  currently  being
  paid  in  timely  installments  pursuant  to  written agreement with the
  department of finance.
    2. The burden of proof shall be on the applicant to show by clear  and
  convincing evidence that the requirements for granting an exemption from
  or abatement or deferral of payment of taxes pursuant to this title have
  been  satisfied.  The  department of finance shall have the authority to
  require that statements in connection with the application be made under
  oath.
    3. The department of finance shall issue a certificate of  eligibility
  upon  determining  that  the  applicant  satisfies  the requirements for
  industrial, commercial or renovation construction work in an area  where
  benefits  are  available  for  such  work.  Such certificate shall state
  whether such benefits are to be granted for  industrial,  commercial  or
  renovation construction work, and in which class of area the property is
  located.  The  effective date of such certificate, except as provided in
  paragraph (b) or paragraph (d) of  subdivision  three  of  section  four

  hundred  eighty-nine-dddd of this title, shall be the earlier of (a) the
  date on which a building permit for the construction work is  issued  by
  the  department  of  buildings, or (b) the last day before the effective
  date  of  any  designation of boundaries by the commission which changes
  the class of area in which the property is located so as to  reduce  the
  level  of  benefits  for  commercial construction work on such property.
  Where the effective date of  the  certificate  of  eligibility  is  July
  first,  nineteen  hundred  ninety-two or after, the benefits granted for
  industrial, commercial or renovation construction work pursuant to  this
  title  shall  be  in  accordance  with  the  provisions of this title as
  amended by chapter seven hundred eighty-one  of  the  laws  of  nineteen
  hundred  ninety-two,  chapter  seven  hundred  twenty-six of the laws of
  nineteen hundred ninety-four, chapter six hundred sixty-one of the  laws
  of  nineteen hundred ninety-five, chapter one hundred forty-three of the
  laws of nineteen hundred ninety-nine, chapter one hundred three  of  the
  laws  of  two thousand three and the chapter of the laws of two thousand
  seven which amended this subdivision. Where the effective  date  of  the
  certificate  is  June  thirtieth, nineteen hundred ninety-two or before,
  the benefits granted for  industrial  or  commercial  construction  work
  pursuant  to  this  title  shall be in accordance with the provisions of
  this title as it was in effect until June  thirtieth,  nineteen  hundred
  ninety-two  immediately  prior to its amendment by chapter seven hundred
  eighty-one of the laws of  nineteen  hundred  ninety-two.  No  recipient
  whose  property  is  the  subject  of  a  certificate of eligibility for
  commercial construction work in a deferral area  shall  be  eligible  to
  apply  for a certificate of eligibility for renovation construction work
  on the same property, where the renovation construction work is the same
  as, or similar to,  the  commercial  construction  work  for  which  the
  deferral  area  certificate  was  issued,  until  three  years after the
  effective date of the deferral  area  certificate.  No  recipient  shall
  receive  a  tax deferral and a tax exemption for the same expenditure on
  eligible construction work.
    4. A copy of the certificate of eligibility  shall  be  filed  by  the
  department  of finance in the manner prescribed for recording a mortgage
  pursuant to section two hundred ninety-one-d of the real property law.
    5. The department of  finance  may  provide  by  rule  for  reasonable
  administrative   charges   or  fees  necessary  to  defray  expenses  in
  administering the benefit program provided by this title.