Joint Committee on Governmental Operations, State & Federal Legislation and Finance – Chair Gale A. Brewer and Chair Linda Lee presided over an oversight hearing on the rollout of the Pied-à-Terre (non-primary residence property) surcharge. The New York City Department of Finance (DOF) declined to appear, citing pending litigation, but submitted written testimony that was read into the record. The council heard from over 20 public witnesses and announced it will send written questions to the administration.
Good afternoon, good afternoon. Welcome to the New York City Council hearing on the Committee on Governmental Operations, State and Federal Legislation joint with finance at this time. Please silence all electronics and do not approach the dais. If you're planning on testifying, please ensure you fill out a testimony slip with the sergeants at the back. You may do so online at testimony at council.nyc.gov. That is testimony at council.nyc.gov. Thank you for your cooperation, chairs. You may begin. Thank you very much. I am Gail Brewer, the chair of the committee on governmental operations, state and local, state and federal legislation. I want to thank all the members of the public who have joined us today, as well as colleagues, the indomitable fabulous chair of finance, the Linda Lee, Councilmember Jay Sanchez, Hank Swong, Narcisse Car Morano, and I think on Zoom we have Paladino. Today it's a very strange sort of hearing, but we'll be we will conduct oversight of the rollout of the pied de terre tax. The most recent state budget included a surcharge on property that does not serve as a primary residence, but is more commonly referred to as a pied de terre. There has been a lot of confusion around the city's rollout of the pied de terre tax. First, the Department of Finance published on its website a list of around 900,000 residents that it said could potentially be subject to the tax, even though the controller estimated in June that less than 14,000 properties would be subject to the tax. No estimate of the number of pieditaires in the city comes even close to 900,000. Yet the city still published the list with the small caveat that the properties on the list may be subject to the charge. The list published by the Department of Finance was so overbroad that it even included my name. And I don't mind my name and my home address, but I've been in that damn home for 365 days a year since 1994. I don't leave the city, and I don't have a second home. We want to know today how all of those names ended up on the list and why the Department of Finance published a list of property owners when admittedly they knew that the vast majority of the properties on the list were not in fact used as a peer de tier. Finance ultimately only sent notifications to around 17,000 property owners notifying them that they would be subject to the tax. That number is still larger than most estimates. We have received calls from constituents who received these letters, even though the property listed is their primary residence and has been for many years. Homeowners who believe that they received the letters in error initially had only a short window to contest the surcharge. Although the deadline was ultimately extended by four weeks, this still puts a burden on property owners, which upset people tremendously. They have to prove, not the city, that the property in question is their primary residence rather than, as I said, the onus being on the city to ensure that only properties being used as the pied de terre are subject to the tax. For example, the co-op and condo abatement already requires that property owners submit documentation showing that the units are owner-occupied. So DOF should already know that these units are not pied de terre. DOF should have use of the information they already had before publishing people's names and addresses and requiring them to affirmatively prove again that they reside in the city. Not only does this create a burden for tax-paying New Yorkers, but now finance needs to spend time and resources processing every application for an abatement and collecting and verifying documentation that already has collected and verifying, in my opinion, wasting public resources. Because either they are using the property as their primary residence or because they are eligible for some other exemption. Both the mayor and finance commissioner Richard Lee, for whom we have great respect, have already acknowledged that the records that they were using to identify properties subject to the tax were outdated, and that they knew when they posted the initial list that included a large number of properties that would not be subject to the tax. I think we all want to know why the city published a list that it knew was not accurate. Like many of my constituents, I have a lot of questions about this tax that we are hoping to get answers to. I do want to thank the council staff members who made this possible from Government Operations Committee, Johari Frazier, Erica Cohen, and Sigma Halmid and from the Finance Committee, Brian Sarfo and Owen Kutowski, and Cynthia Hornick from my office and everybody else. I do want to also say I do thank the Department of Finance because they have been helpful for those constituents who need help. I don't want people to think that has not happened because it has. Now I'm going to turn to the wonderful Chair Lee. Great. Thank you so much, Chair Brewer. Um, and good afternoon, everyone. Welcome again to today's oversight hearing on the implementation and rollout of the city's Pieditaire Tax, also known as the non-primary residence property surcharge. The Pieditare Tax was enacted as part of the state's fiscal year 2026-27 budget and took effect on July 1st, 2026. The surcharge applies to one to three family homes valued at 5 million or more, as well as condominium and cooperative units valued at 1 million or more that do not serve as the owner's primary residence. Properties that serve as the primary residence of the owner, an immediate family member or a qualifying uh tenant are not subject to the surcharge. Since implementation began, uh Department of Finance has mailed notices to approximately 17,000 property owners identified as potentially subject to the surcharge and has published a supplemental role listing more than 900,000 properties that may fall within the taxes scope. Given the scale of this rollout and the number of New Yorkers who have been affected, it is crucial that this council conduct oversight of how the administration is planning on implementing this new tax. Following litigation initiated by a group of city homeowners, the administration extended the deadline for property owners to file exemptions from late August to September 18th. Still, even with the extension, we seek greater guidance for those impacted to ensure that this rollout is smooth.