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


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  • 1. The department of finance  may  deny,  reduce,  suspend,
      terminate  or  revoke  any  exemption from tax payments pursuant to this
      title whenever (a) a recipient fails to comply with the requirements  of
      this  title  or  the rules promulgated hereunder; or (b) an application,
      certificate or other document submitted by  an  applicant  or  recipient
      pursuant  to  the  requirements  of  this title or the rules promulgated
      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. The department of finance
      may declare any applicant or recipient referred to in paragraph  (a)  or
      (b)  of  this subdivision to be ineligible for future exemption 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 this title or the rules promulgated
      hereunder 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 relieves or indemnifies 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.