Section 489-DDDDD. Application for certificate of eligibility  


Latest version.
  • 1.
      Application for a certificate of eligibility pursuant to this title  may
      be  made  on  or  after  July  first,  nineteen  hundred ninety-five and
      continuing until June thirtieth, nineteen hundred ninety-nine, provided,
      however, that no benefits pursuant to this title shall  be  granted  for
      construction  work  performed pursuant to a building permit issued after
      July thirty-first, nineteen hundred ninety-nine. Such application  shall
      state  whether  it is for residential construction work or a combination
      of residential construction work and commercial 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  rules
      issued  from  time  to  time  by  the  department  of  finance to secure
      compliance with this title and all applicable local, state  and  federal
      laws.  Such application shall also certify that all taxes, water charges
      and sewer rents 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 or other appropriate agency.
        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
      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 shall be made under oath.
        3. The department of finance shall issue a certificate of  eligibility
      upon  determining  that the applicant satisfies the requirements of this
      title. Such  certificate  shall  state  whether  the  benefits  are  for
      residential   construction   work   or   a  combination  of  residential
      construction work and commercial construction work.  The effective  date
      of such certificate shall be the date on which a building permit for the
      construction work is issued by the department of buildings.