The Statute Says 'Surcharge,' Everyone Else Says 'Tax'
New York's statute uses the term surcharge on certain non-primary residences, according to DOF's implementing materials. The Mayor's Office and DOF pages use pied-à-terre alongside the formal surcharge name in public communications.
The commonly typed variants—pied e terre, pierre tax, and pied-a-tierre—are search terms, not statutory or administrative terms. DOF's operative pages generally use non-primary residence property surcharge as the working title.
Second-home tax and pied-à-terre tax serve as public shorthand for the same levy. Both terms appear across city communications, though neither matches the statute's formal language.
Which Page Answers What Question
DOF's non-primary-residence surcharge page and Tax Commission surcharge-appeal page establish what properties and valuation thresholds are covered. The relevant valuation is the property's DOF market value, not an owner's purchase price or the property's assessed value for ordinary property-tax purposes.
DOF notice and application materials detail what evidence can establish a primary residence or exemption. NYC Tax Commission's surcharge-appeal page and Form TC107 instructions cover the appeal process.
The legal authority flows from NY Tax Law Article 30-C, NYC Administrative Code sections 11-3201 and 11-3205(d), and 19 RCNY section 62-07. DOF's property-assessments page explains what properties appear on the supplemental roll.
The Numbers Behind the Names
Conquest's analysis of DOF's July 2026 Supplemental Market Value Roll shows roughly 24,000 units citywide would owe the surcharge if they are non-primary residences. Most are primary residences and owe nothing.
Manhattan accounts for roughly 20,000 of those units—16,700 condos and co-ops plus 3,400 houses. The average surcharge for Manhattan condos and co-ops would be $68,559 if the unit is a non-primary residence.
Brooklyn follows with roughly 4,000 exposed units, split between 3,300 houses and 649 condos and co-ops. The Bronx, Queens, and Staten Island each show fewer than 100 units above the thresholds.
Rate Structure: Flat, Not Marginal
The surcharge applies as a flat rate once market value clears the threshold. For condos and co-ops in Phase 1 (2026-2028): 4% if market value hits $1 million to $3 million, 5.25% from $3 million to $5 million, 6.5% at $5 million or above.
Houses face different brackets: 0.8% from $5 million to $15 million, 1.05% from $15 million to $25 million, 1.3% at $25 million or above. The rate applies to the full market value, not just the amount above the threshold.
Conquest's roll analysis shows 16,452 condo and co-op units in the $1 million to $3 million band, with an average surcharge of $58,048 if non-primary. Just 197 units fall in the $5 million-plus bracket, averaging $478,899.
Primary Residence Exemptions
The surcharge does not apply where the property serves as a primary residence for the owner, a tenant, an immediate family member, or individuals holding majority interest in an entity that owns the property. Immediate family includes spouse, child, sibling, parent, grandparent, and grandchild.
A 12-month arm's-length natural-person tenant can also trigger the exemption. Non-primary status gets determined as of the January 5 taxable status date preceding the fiscal year—not by how much of the year the owner spent in the unit.
DOF mailed non-primary notices by August 30, 2026. The exemption application deadline is October 6, 2026, extended from earlier deadlines of August 21 and September 18 by Mayor Mamdani and DOF Commissioner Lee.
Appeal Deadlines and Process
Owners get 30 days from a notice's transmission date to appeal DOF's initial determination. The Mayor's Office announced an extension through September 18, 2026, for appeals of initial determinations, though this does not necessarily apply to every later notice.
Tax Commission appeals face different deadlines: March 1, 2027, for Tax Class Two properties and March 15, 2027, for Tax Class One properties when appealing both residency and market-value determinations simultaneously.
If an owner first appeals the residency determination to DOF, they may appeal DOF's final determination to the Tax Commission by the applicable March deadline or within 30 days after DOF's final determination notice, whichever comes later.
Phase 2 Outlook
From July 1, 2028, condos and co-ops will revalue on comparable sales toward the $5 million threshold and 0.8% to 1.3% rate schedule that currently applies to houses. The statute sunsets June 30, 2031, unless renewed.
Roughly 4,400 condo and co-op units currently sit within $100,000 of the $1 million threshold, according to Conquest's roll analysis. Another 10,300 units fall within $200,000 of the threshold, suggesting potential exposure as values shift.
The Comptroller projected roughly $500 million per year in revenue from the surcharge. DOF's supplemental market-value roll identifies covered properties, though inclusion does not by itself mean the property owes the surcharge.
What to Watch Next
DOF must publish the supplemental market-value roll identifying covered properties. The first surcharge payment timeline remains unresolved from official sources reviewed, as ordinary property-tax payment dates may not match this surcharge's schedule.
Tax Commission appeals will test both the residency determinations and DOF's market valuations. The March 2027 deadlines will clarify how many owners challenge the city's assessments versus accepting them.
Check your property's DOF market value and potential surcharge with Conquest's free calculator at piedaterretax.nyc. The tool uses the same July 2026 Supplemental Market Value Roll data that determines actual surcharge liability.
Frequently asked questions
Is my apartment subject to the NYC pied-à-terre tax if I live there part-time?
The surcharge does not apply where the property serves as a primary residence for the owner, and non-primary status gets determined as of the January 5 taxable status date preceding the fiscal year—not by how much of the year the owner spent in the unit. If the property is your primary residence as of that date, you would be exempt from the surcharge.
How much is the pied-à-terre tax on a $2 million condo in Manhattan?
For condos and co-ops in Phase 1 (2026-2028), the rate is 4% if market value hits $1 million to $3 million, applied to the full market value. A $2 million condo would face a surcharge of $80,000 if it qualifies as a non-primary residence.
Does the NYC second home tax apply to houses the same way as condos?
Houses face different brackets than condos and co-ops: 0.8% from $5 million to $15 million, 1.05% from $15 million to $25 million, 1.3% at $25 million or above. Houses also have a higher threshold, starting at $5 million instead of the $1 million threshold for condos and co-ops.