NYC Pied-à-Terre Tax

Rosenberg & Estis, P.C.

Back to Property Tax (Certiorari)
New York City’s new annual “Surcharge on Property That Does Not Serve as a Primary Residence,” commonly known as the Pied-à-Terre Tax, applies beginning with the City fiscal year commencing July 1, 2026. The surcharge can impose substantial additional liability on qualifying high-value one-, two-, and three-family homes, residential condominium units, and cooperative apartments that the New York City Department of Finance determines do not serve as a primary residence. Rosenberg & Estis, P.C. has assembled a multidisciplinary Pied-à-Terre Tax Team to advise property owners, cooperative shareholders, condominium unit owners, trusts, LLCs and other ownership entities, as well as cooperative and condominium boards and managing agents. We counsel clients at every stage - from evaluating potential exposure and documenting primary-residence status to challenging surcharge liability and valuation determinations before the Department of Finance, the New York City Tax Commission and the courts. Our services include:
  • Evaluating whether occupancy by an owner, immediate family member, tenant or subtenant qualifies as primary-residence use;
  • Preparing and submitting documentation in response to Department of Finance non-primary-residence notices;
  • Challenging initial and final non-primary-residence determinations;
  • Reviewing Department of Finance market values and pursuing surcharge valuation challenges;
  • Representing clients in Tax Commission proceedings, Article 7 tax certiorari proceedings, and related litigation;
  • Advising on trusts, LLCs, corporations, partnerships, beneficial ownership, and other entity-ownership issues;
  • Developing lawful planning strategies involving residency, leasing, ownership transfers, and succession planning;
  • Defending Department of Finance audits, subpoenas and proposed penalties; and
  • Counseling cooperative corporations, condominium boards, and managing agents concerning notices, recordkeeping, billing, collection, governance, and owner communications.
Unlike an ordinary property tax, surcharge liability depends not only on the value of the property, but also on how it is owned, who occupies it and whether the applicable primary-residence requirements have been satisfied. Our attorneys draw on decades of experience in New York City real property taxation, tax certiorari, cooperative and condominium law, trusts and estates, and litigation to help clients identify risks early, preserve their rights, develop a defensible factual record and pursue practical solutions tailored to their objectives. R&E is uniquely suited to advise clients in valuation disputes, as Firm Member Benjamin M. Williams is a former appraiser, an Accredited Senior Appraiser of the American Society of Appraisers, and has appeared before the New York City Tax Commission thousands of times.
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