Section 489-KKKK. Penalties for non-compliance, false statements and omissions  


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  • 1. The department  of  finance  may  deny,  reduce,  suspend,
      revoke  or  terminate any exemption from or abatement or deferral of tax
      payments pursuant to this title whenever (a) a recipient fails to comply
      with the requirements of this title or  the  rules  promulgated  by  the
      department   of   finance  pursuant  thereto;  or  (b)  an  application,
      certificate, report or other  document  delivered  by  an  applicant  or
      recipient  hereunder  contains  a  false or misleading statement as to a
      material fact or omits to state any material fact necessary in order  to
      make the statements therein not false or misleading, and may declare any
      applicant  or  recipient who makes such false or misleading statement or
      omission to be ineligible for future exemption,  abatement  or  deferral
      pursuant to this title for the same or other property.
        2. Notwithstanding any other law to the contrary, a recipient shall be
      personally  liable  for  any  taxes owed pursuant to this title whenever
      such recipient fails to comply with such law and  rules  or  makes  such
      false or misleading statement or omission, and the department of finance
      determines  that such act was due to the recipient's willful neglect, or
      that under the  circumstances  such  act  constituted  a  fraud  on  the
      department  of  finance or a buyer or prospective buyer of the property.
      The remedy provided herein  for  an  action  in  personam  shall  be  in
      addition  to  any  other  remedy  or  procedure  for  the enforcement of
      collection of delinquent taxes provided by any general, special or local
      law. Any lease provision which obligates a tenant  to  pay  taxes  which
      become  due  because  of  willful  neglect or fraud by the recipient, or
      otherwise relieve or indemnify the recipient from any personal liability
      arising hereunder, shall be void as against public policy  except  where
      the  imposition  of  such taxes or liability is occasioned by actions of
      the tenant in violation of the lease.