Section 489-GGGGG. Administration of the benefit program  


Latest version.
  • The department of
      finance  of  any city having a population of one million or more persons
      shall have, in addition to any other functions, powers and duties  which
      have  been  or  may  be conferred on it by law, the following functions,
      powers and duties:
        1. to publicize the availability of benefits pursuant  to  this  title
      for  residential  construction  work  or  a  combination  of residential
      construction work and commercial construction work;
        2. to receive and review applications for certificates of  eligibility
      and  issue  such  certificates where authorized pursuant to section four
      hundred eighty-nine-ddddd of this title;
        3. to receive evidence of  expenditures  made  for  construction,  and
      where  such expenditures do not equal the amount required to qualify for
      exemption from tax payments, to take appropriate action, including,  but
      not limited to, revoking benefits pursuant to this title;
        4.  to enter and inspect property to determine whether it is mixed-use
      and to take appropriate action, including, but not limited to,  revoking
      benefits  received  pursuant to this title, whenever (a) twenty-five per
      centum or less of the aggregate floor area of  such  property  is  being
      used  or held out for use as commercial, community facility or accessory
      use space, or (b) such property, or any portion  of  such  property,  is
      being used for a restricted activity;
        5. to collect all real property taxes, with interest, due and owing as
      a  result  of  reduction,  suspension,  termination or revocation of any
      exemption from taxes granted pursuant to this title;
        6. to make and promulgate rules to carry  out  the  purposes  of  this
      title,  including,  but  not  limited  to, rules requiring applicants to
      publish notice of their applications, further defining  aggregate  floor
      area,  commercial  purpose  or  use  and  residential  purpose  or  use,
      specifying the nature of work for which expenses may be included in  the
      minimum   required   expenditure,   increasing   the   minimum  required
      expenditure, provided, however, that any  rule  increasing  the  minimum
      required expenditure shall not apply to any person who is a recipient on
      the  effective  date  of such rule. Such rules may provide that benefits
      pursuant to this  title  shall  be  reduced,  suspended,  terminated  or
      revoked  if  the recipient is found to have failed to cure violations of
      the applicable building, fire, or air pollution  control  codes  on  the
      property  which  is the subject of the certificate of eligibility.  Such
      rules shall  define  the  circumstances  under  which  benefits  may  be
      reduced,  suspended,  terminated  or  revoked  for  such  violations and
      provide procedures whereby determinations to reduce, suspend, terminate,
      revoke or reinstate such benefits shall be made. Such rules may  provide
      for  reasonable  administrative  charges  or  fees  necessary  to defray
      expenses in administering the benefit program provided by this title;
        7. if, during the benefit period, any real property tax  or  water  or
      sewer  charges  due  and  payable  with respect to property receiving an
      exemption pursuant to this title shall remain unpaid for  at  least  one
      year  following  the  date  upon which such tax or charge became due and
      payable, all exemptions granted pursuant to this title with  respect  to
      such  property  shall  be  revoked  unless  within  thirty days from the
      mailing  of  a  notice  of  revocation  by  the  department  of  finance
      satisfactory  proof  is  presented to the department of finance that any
      and all delinquent taxes and charges owing with respect to such property
      as of the date of such notice have been paid in full  or  are  currently
      being  paid  in timely installments pursuant to a written agreement with
      the department of finance or other appropriate  agency.  Any  revocation
      pursuant  to  this  subdivision  shall be effective with respect to real
    
      property tax which became due and payable following  the  date  of  such
      revocation.