Practice Areas
New York City’s new Non-Primary Residence Property Surcharge—commonly known as the pied-à-terre tax—can impose substantial annual property-tax liability on certain high-value one- to three-family homes, condominium units, and cooperative apartments. Whether the surcharge applies depends not only on how the property is used, but also on its Department of Finance market value, ownership structure, occupants, and the available evidence of primary residence. Consequently, even a home occupied full-time may face exposure when it is held in a trust or business entity, occupied by a family member or tenant, undergoing construction, or affected by a recent ownership change.
This program will provide attorneys with a practical guide to the governing statutes, DOF rules, and administrative procedures. It will address covered properties, surcharge calculation and valuation, primary-residence claims and exclusions, DOF verification filings, administrative and judicial review, billing and penalty exposure, and current litigation—including O’Brien and any subsequent challenges to the City’s implementation of the surcharge.
Learning Objectives
Upon completion of the program, participants will be able to:
- Determine whether a property may be subject to the surcharge and identify the principal valuation and calculation issues.
- Analyze primary-residence claims involving individual owners, family members, tenants, trusts, and business entities.
- Identify the forms and supporting evidence needed for the DOF verification process.
- Evaluate available DOF, Tax Commission, and judicial remedies and the practical effect of current litigation.
Benjamin M. Williams joined Rosenberg & Estis, P.C. in 2018 and is a member of the firm and leads the firm’s Property Tax Department. Williams’ practice focuses on property tax reductions and planning. He has represented thousands of clients in property tax appeals and at New York City Tax Commission hearings. He also has a depth of experience in real estate tax projections for development, acquisition, leasing, financing and budgeting. Williams’s forte is in reducing property taxes for co-ops and condos, multi-family residential, office, and retail properties.
Williams has worked on Industrial and Commercial Abatement Program (ICAP), ICIP, 421-a, 485-x, 467-m, J-51, Not-For-Profit, Childcare Center exemption and abatement applications and projections.
Prior to joining Rosenberg & Estis, Williams was an attorney with Podell, Schwartz, Schechter & Banfield, LLP. Prior to that, as an electrical engineer, Williams began his career valuing power plants, preparing purchase price allocation and cost segregation studies, and appraising machinery & equipment. Williams is an Accredited Senior Appraiser of the American Society of Appraisers, but isn’t currently practicing as an appraiser.
This live webinar is eligible for both CLE and CPE credit.
NOTE: CPE/CLE credit for attendees are subject to participation and approval by the governing boards.
NASBA CPE ACCREDITATION INFORMATION
Learning Level: Intermediate
Prerequisites: None
Field of Study: Specialized Knowledge
Delivery Method: Group Program
CeriFi LegalEdge is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.nasbaregistry.org.