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Revocation of Tax Benefits

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Rule status: Adopted

Agency: HPD

Effective date: April 2, 2025

Proposed Rule Full Text
HPD-Proposed-Amendment-of-Rules-Governing-Revocation-of-Tax-Incentive-Benefits.pdf

Adopted Rule Full Text
2024-RG-085-Final-Rule-2025.02.19-Legal-15545127_137706-KB-Submitted-for-Publication-in-City-Record-on-3-3-25-1.pdf

Adopted rule summary:

Real Property Tax Law Sections 467-m and 485-x confer authority on HPD to revoke Affordable Housing from Commercial Conversions (AHCC) Program Benefits and Affordable Neighborhoods for New Yorkers (ANNY) Program Benefits for cause. In addition, HPD also has been given the authority to impose penalties for violations of certain program requirements after the AHCC Program Benefits or ANNY Program Benefits, as applicable, expire, and the statutes provide consequences for failure to pay penalties, including criminal prosecution (RPTL § 467-m(17)(d)) and imposition of liens (RPTL § 485-x(21)(b)). The proposed amendments establish the procedures for penalty imposition in Chapter 39 of Title 28.

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