The statute at a glance
| Section | Subject |
|---|---|
| 1350 | Imposition of surcharge |
| 1351 | Definitions |
| 1352 | Primary residence |
| 1353 | Surcharge rates |
| 1354 | Administration of surcharge |
| 1355 | Administrative and judicial review |
| 1356 | Information sharing |
Source: NY Senate Open Legislation, Tax Law Article 30-C (revision of June 5, 2026). DOF cites NYC Admin Code 11-3201 and 11-3205(d) and 19 RCNY 62-07 as the implementing provisions.
Read the sections on the NY Senate site and the DOF’s own page at nyc.gov. The rates are on the rates and deadlines page.
What goes in the client file
| Occupant | DOF asks for |
|---|---|
| Every claimed occupant | Latest federal or state tax return, or driver’s license or DMV ID. If neither: voter ID card plus other proof of primary residence. |
| Tenant or subtenant | The above, plus the current lease and one additional rental document (utility bill, proof of rent payment or renter’s insurance), or the Tenant or Subtenant Affidavit and two additional rental documents. |
| Immediate family member | The above, plus a birth certificate, marriage certificate or the Immediate Family Member Affidavit. |
| Entity owner (LLC, corporation, partnership, trust) | The above, plus the partnership or trust agreement or trustee affidavit, LLC operating agreement or articles of incorporation, and the Majority Interest Affidavit. |
Source: NYC Department of Finance, verified October 9, 2026.
Need DOF values for several client units?
Run any condo or co-op unit through the lookup, or send me the list. You get the DOF market value, the band and the annual figure to put in the client file.
Milton Coste | Licensed Real Estate Associate Broker | Keller Williams NYC | 917.416.7433
Traps worth checking before you file
- Entity does not hold the full fee. The majority-interest path works only when the entity holds the full fee interest, or all shares for a co-op unit.
- Tenant path conditions. The tenant must be a natural person, must actually live there, the lease must be bona fide and arm’s-length, and the term must be at least one year. Intent to move in does not count.
- Two forums, one decision on residency. A Tax Commission value challenge can include residency, but if you ask the Commission to decide it, DOF will not consider any submission for that property and will defer to the Commission.
- Roll listing is not a determination. DOF says appearing on the supplemental roll does not mean a property is subject.
- Phase 2 is not final. The 2028 move of condos and co-ops to a $5,000,000 threshold depends on a DOF assessed-value system that has not been finalized.
Dates for your calendar
The exemption application deadline is October 13, 2026 for homes, condos and co-op units, per the DOF page verified October 9, 2026. The first charges appear on the property tax bill due January 1, 2027. The pending litigation is tracked on the legal challenges page, and the DOF page still lists the deadline despite the ruling.
Free DOF values for your client files
If a client holds a condo or co-op unit, the unit lookup returns its DOF market value, the band, and the Phase 1 annual figure at no charge. Send me an address list and I will run the values for each unit. The methodology page explains the data, and the sell or lease calculator prices the client’s three options.
Questions people ask
What sections of the Tax Law govern the NYC pied-a-terre surcharge?
Article 30-C, sections 1350 through 1356: imposition, definitions, primary residence, rates, administration, administrative and judicial review, and information sharing. It is repealed June 30, 2031.
Can a Tax Commission appeal decide primary residency?
Yes, but only when the owner is also challenging the property value. If the Commission is asked to decide residency, DOF will not consider any submission for the same property and defers to the Commission.
Does an LLC-owned unit qualify for the exemption?
It can, when individuals who collectively hold a majority interest live there as a primary residence and the entity holds the full fee interest, or all shares for a co-op unit.
Ready to see your own number?
The lookup is free and shows the figure on screen first. If you want to talk through keeping, leasing or selling, call or message me.
Milton Coste | Licensed Real Estate Associate Broker | Keller Williams NYC | 917.416.7433
More on the NYC pied-a-terre tax
This page is educational and is not legal or tax advice. Rates, thresholds and dates come from NY Tax Law Article 30-C (text of the statute) and the NYC Department of Finance (non-primary residence surcharge page), checked October 9, 2026. Confirm your own situation with a New York attorney or your accountant. Milton Coste, Licensed Real Estate Associate Broker, Keller Williams NYC, 360 Madison Avenue, 9th Floor, New York, NY 10017.