New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-à-terre tax—creates substantial annual property-tax liability for certain high-value one- to three-family homes, condominium units, and cooperative apartments. Determining whether the surcharge applies requires attorneys to consider the property’s Department of Finance market value, ownership structure, occupants, use, and available evidence of primary residence.

This CLE program will provide a practical guide to identifying covered properties, calculating potential exposure, evaluating primary-residence claims and statutory exclusions, and navigating the DOF verification process. The course will also explain valuation challenges, Tax Commission and judicial review, billing and penalty issues, and the practical significance of O’Brien and any subsequent litigation concerning the City’s implementation of the surcharge.

• Covered properties, thresholds, rates, valuation, and surcharge calculation
• Primary residence claims involving owners, family members, tenants, trusts, and entities
• DOF notices, forms, documentation, deadlines, and determinations
• Billing, enforcement, audit authority, and penalties
• DOF, Tax Commission, Article 7, and Article 78 review
• Current litigation and unresolved implementation issues