The short answer: "non-primary residence property surcharge" is the official Department of Finance name for the law everyone calls the pied-à-terre tax (or second home tax). Same statute — NY Tax Law Article 30-C (§1353) — same deadlines, same rates, same exemptions. If that phrase is on your letter, everything on this site applies to you.
Three names, one statute
| Name | Who uses it | Where you'll see it |
|---|---|---|
| Non-primary residence property surcharge | NYC Department of Finance, the statute's administrators | Your DOF notice, nyc.gov/finance, exemption application forms, the adopted rules |
| Pied-à-terre tax | Press, elected officials, the real estate industry | News coverage, court filings commentary, this site's name |
| Second home tax | Owners, plain-English explainers | Search queries, our sister guide secondhometax.nyc |
The mismatch is not cosmetic. DOF's roughly 17,000 mailed notices use the official term; the coverage that tells you what to do about the notice mostly uses the colloquial one. Owners regularly search the exact phrase on their letter and find government pages with no plain-English guidance — or read the news for weeks without realizing the "pied-à-terre tax" is the line already flagged on their own NOPV.
The law, in brief
- Authority: New York Tax Law Article 30-C (§1353), passed by the State Legislature May 27, 2026, signed by Governor Hochul May 28, 2026, effective July 1, 2026. DOF's final administrative rules were adopted July 14, 2026.
- What it taxes: New York City residential property that is not anyone's qualifying primary residence — not occupied more than half the year by the owner or an immediate family member, and not under a bona fide 12-month arm's-length lease to a primary-resident tenant.
- Phase-1 reach (to June 30, 2028): condos and co-ops with DOF market value over $1 million (flat 4% / 5.25% / 6.5% by band, on the full value) and 1–3 family houses over $5 million (flat 0.8% / 1.05% / 1.3%). Full tables on the reference page; Phase 2 changes the structure in July 2028.
- Entities: LLCs, partnerships, corporations and trusts are looked through to the natural persons behind them — the LLC analysis and the trust analysis cover the details.
- Key dates now: exemption applications due October 6, 2026; a mailed notice starts a 30-day response window; the first surcharge payment rides the January 1, 2027 property-tax bill.
If the official term is on your letter
Start with the notice walkthrough — what the letter means, the 30-day clock, and the documents that rebut a wrong flag. Then check the three exemptions, and run your address through the calculator or the building database to see the DOF value the surcharge would be computed on. Every deadline and figure on those pages applies to the "non-primary residence property surcharge" — it is the same tax.
Questions owners ask
Is the non-primary residence property surcharge the same as the pied-à-terre tax?
Yes — one law, three names. "Non-primary residence property surcharge" is the official term the NYC Department of Finance uses; "pied-à-terre tax" is what the press, the real estate industry and most owners call it; "second home tax" is the plain-English variant. All refer to the annual surcharge on non-primary residences enacted as NY Tax Law Article 30-C (§1353), signed May 28, 2026 and effective July 1, 2026.
Who pays the non-primary residence property surcharge?
Owners of New York City homes that are not anyone's qualifying primary residence: not occupied more than half the year by the owner or an immediate family member as a primary residence, and not under a bona fide 12-month arm's-length lease to a primary-resident tenant. In Phase 1 it reaches condos and co-ops with DOF market values over $1 million and 1–3 family houses over $5 million. Ownership through LLCs, trusts and other entities is looked through to the people behind them.
Why does the official name matter?
Because DOF's own notices, forms, website and rules use "non-primary residence property surcharge" — not "pied-à-terre tax." Owners searching for the phrase on their DOF letter often can't connect it to the press coverage, and vice versa. If your notice says non-primary residence surcharge, every pied-à-terre tax resource — deadlines, exemptions, rates — applies to you.
Official sources — quoted
Everything above is our plain-English reading. Here is what the primary documents say, in their own words, so you can check us against them.
NYC Department of Finance — surcharge page (nyc.gov)
"THE DEADLINE FOR SUBMITTING AN EXEMPTION APPLICATION IS EXTENDED TO OCTOBER 6, 2026"
"For property tax years 2026-27 and 2027-28, the surcharge may apply to: One-, two-, and three-family homes valued by DOF at more than $5 million; Condominium and cooperative units valued by DOF at $1 million or more."
"Your property will not be subject to the surcharge if it is the primary residence of any of the following: The owner of the property. A tenant or subtenant. One or more individuals who collectively hold a majority interest in the LLC, corporation, or partnership that owns the property. An immediate family member of the owner or majority interest holder. The sole beneficiary or beneficiaries of a trust."
| Property type | DOF market value | Surcharge rate (% of market value) |
|---|---|---|
| One-, two-, and three-family homes | $5,000,000 or greater, but less than $15,000,000 | 0.8% |
| $15,000,000 or greater, but less than $25,000,000 | 1.05% | |
| $25,000,000 or greater | 1.3% | |
| Condominium and cooperative units | $1,000,000 or greater, but less than $3,000,000 | 4.0% |
| $3,000,000 or greater, but less than $5,000,000 | 5.25% | |
| $5,000,000 or greater | 6.50% |
Documents DOF lists for an exemption: for each occupant claimed, the most recently filed federal or state tax return, or a driver's license or other DMV-issued identification (or, failing both, a voter identification card plus other proof of primary residence); for a tenant or subtenant, additionally a copy of the current lease and one more rental document, or a Tenant or Subtenant Affidavit and two rental documents. DOF also states it "published a supplemental market value roll on July 24, 2026" that "includes, but is not limited to, those properties that may be subject to the surcharge." Source: nyc.gov — Non-primary residence property surcharge, accessed September 26, 2026.
NYC Department of Finance — Notice of Adoption of Final Rules (adopted July 14, 2026)
"This surcharge, colloquially known as the pied-à-terre tax, imposes an additional tax that is calculated as the product of a surcharge rate established by statute and the market value of the applicable property, or with respect to a residential cooperative property, a residential cooperative dwelling unit."
"Because the surcharge is based on market value, not assessed value, DOF notes that these rolls are required to include the applicable market values of properties, not assessed values."
"An individual cannot have multiple primary residences."
The rules cite Administrative Code § 11-3201 (defining "primary residence") and §§ 11-3202 to 11-3204 (the surcharge computation) and were adopted under part HH of chapter 59 of the Laws of 2026, adopted into law May 28, 2026. Full rule text and our method notes: Methodology.
Statute and fiscal estimate
New York Tax Law Article 30-C (§ 1351 definitions, including § 1351(k), which defines the base as the market value determined by the Department of Finance; § 1353 thresholds and rates), enacted as part HH of chapter 59 of the Laws of 2026. The NYC Comptroller's Fiscal Note 2-2026 projected the surcharge would reach about 11,200 of the highest-value non-primary properties for roughly $340–500 million a year.
Quotations are verbatim from the sources named, as published on the dates shown; where our summaries and a primary source differ, the primary source governs. Last checked September 26, 2026.
Whatever it's called — does it apply to you?
Free emailed report: your unit's official DOF market value, whether the surcharge applies, and your realistic exemption path. Usually within the hour.
Check My Unit — FreeDisclaimer. This page is educational information from Conquest, a licensed New York real estate brokerage. It is not legal, tax, or accounting advice, and no advisory relationship is created by reading it. The official-source term and figures reflect DOF's published materials as of the "last updated" date above; the City's official page is at nyc.gov/finance, which controls where guidance differs.