Questions owners are asking
Pied-à-terre tax FAQ
Is this actually law, or another proposal that will die in Albany?
It is law. The Legislature passed it May 27, 2026; Governor Hochul signed it May 28, 2026 within the FY 2026–27 budget. It has been in effect citywide since July 1, 2026, sunsetting June 30, 2031 unless extended.
My condo cost $2.4M — am I over the $1M threshold?
Very likely yes. The condo/co-op threshold uses the DOF market value — the "Market Value" line on your Notice of Property Value, not the assessed value and not your sale price. A condo that cost $2.4M almost always has a DOF market value over $1M, so it is exposed if it isn't a primary residence. Check your NOPV, or ask us and we'll pull it for you the same day.
Are the rates marginal like income tax, or does one rate hit my whole value?
The statute's rate table is genuinely ambiguous — it can be read two ways. A marginal reading taxes each slice of value at its own band's rate, the way federal income tax works. A flat reading applies your band's single rate to your entire DOF market value — which creates a "cliff" at every band edge, where one extra dollar of value moves your whole base onto a higher rate. The gap is not academic: on a $3.1M condo the flat reading yields $162,750 (5.25% of the full value) while the marginal reading yields $85,250 — nearly double. Our calculator and reports use the flat reading, which our counsel has confirmed as the sound, conservative interpretation — so if DOF ultimately administers the table marginally, real bills would come in lower than our figure, never higher. If your value sits near a band edge, that is exactly when a professional review pays for itself.
I own through an LLC. Am I safe?
No. The law attributes ownership through LLCs, partnerships, corporations and trusts. And if no single person holds a majority of the entity, the unit can be taxed regardless of who lives there — unless a qualifying tenant occupies it. Multi-member family LLCs should review their structure now.
My LLC is owned by another LLC (or a trust). How does the law read that?
The statute looks through entities to the people behind them, and two structural points matter. First, the analysis runs on the entire interest the entity holds — entity ownership is not treated as co-ownership among the members. Second, tiered structures are disregarded: an LLC owned by another LLC, a holding company or a trust adds no extra layer of protection — the look-through continues until it reaches natural persons. This is a description of how the statute reads, not legal advice; entity and trust questions are exactly where you want your attorney, because membership percentages, trust terms and occupancy each change the outcome.
My daughter lives in the apartment. Do I owe the surcharge?
If she occupies it more than half the year as her primary residence, no — children are "immediate family members" under the law, as are spouses, siblings, parents, grandparents and grandchildren. Keep documentation.
What if the unit is listed for rent but empty?
Taxable. The exemption requires an actual arm's-length lease of at least 12 months to a tenant using it as a primary residence — not availability, not intent. This is a strong argument for leasing sooner rather than later.
Do my condo abatement or STAR benefits reduce the surcharge?
No. The statute says existing abatements, credits and exemptions do not apply against the surcharge. It stacks on top of your current bill.
What is the deadline on my DOF letter? (August 21 vs August 24)
If you received a DOF letter and want to file a surcharge exemption application, DOF's official non-primary residence surcharge page lists two deadlines: August 21, 2026 for residential homes and condos and August 24, 2026 for cooperative units. But here is the line that matters: follow the date printed on your letter — it governs. If your notice shows a different date than anything you read online, including this page, the letter controls. Missing the window means the surcharge is billed as assessed, so don't sit on it.
What happens if I ignore the DOF notice?
The surcharge is billed and enforced like real property tax — interest and, ultimately, lien enforcement. If the notice is wrong, rebut it with proof of primary residence (tax return showing the address, or a qualifying lease). Deadlines will be on the notice; don't sit on it.
Will renting my apartment for a year really eliminate the tax?
Yes — a bona fide arm's-length lease of at least 12 months to a tenant who makes it their primary residence takes the unit out of the surcharge, and Manhattan rents are at or near record levels. We can tell you what your unit would fetch within a day.
Is it better to sell before January 1, 2027?
It depends on your DOF market value, basis, and how you use the home. For some owners the recurring surcharge meaningfully changes the hold math; for others a lease solves it. That's exactly what the free review answers — with numbers, not vibes.