N.Y. TAX Law § 1354 — New York Code / Act TAX / Article 30-C / Section 1354
Administration of surcharge
Status: in_force

* § 1354. Administration of surcharge. (a) The department of finance\nshall add the surcharge authorized by this article to the statement of\naccount of a covered property. In the case of a residential cooperative\nproperty, the department of finance shall add to the statement of\naccount of such residential cooperative property the sum of any\nsurcharges authorized by this article for each residential cooperative\ndwelling unit in such residential cooperative property where such\ndwelling unit: (1) has a phase one or phase two market value equal to,\nor greater than, the threshold provided in section thirteen hundred\nfifty of this article; and (2) does not serve as a primary residence.\nSuch surcharge shall be due and payable in the same manner as real\nproperty taxes are due and payable pursuant to section fifteen hundred\nnineteen-a of the New York city charter. The department of finance shall\nadminister and enforce this surcharge, to the greatest extent\npracticable not inconsistent with this section, in the same manner used\nto administer and enforce real property taxes, except that any\nabatement, credit or exemption authorized by law shall not apply to such\nsurcharge.\n  (b) Notwithstanding subsection (a) of this section, any surcharge\nimposed on a covered property in the fiscal year commencing on July\nfirst, two thousand twenty-six, shall be due and payable on the same\ndate as the second semi-annual installment of real property taxes is\ndue, as described in section fifteen hundred nineteen-a of the charter\nof the city of New York.\n  (c) Notwithstanding any provision of law to the contrary, where the\ndepartment of finance adds the sum of any surcharges authorized by this\narticle for a residential cooperative dwelling unit pursuant to\nsubdivision (a) of this section to the statement of account of a\nresidential cooperative property, each such surcharge shall be collected\nby the cooperative corporation from the tenant-stockholder of such\ncooperative corporation whose interest in each such residential\ncooperative dwelling unit is represented by shares of stock in such\ncorporation.\n  (d) Notwithstanding any provision of law to the contrary, the\nsurcharge imposed on a covered property pursuant to this article shall\nbe separate and distinct from any other tax levied on real property. Any\nrevenue collected as a result of the imposition of this surcharge shall\nnot be included in the calculation of the tax levy for purposes of\ndetermining class shares pursuant to article eighteen of the real\nproperty tax law, shall not be subject to apportionment among classes of\nreal property, and shall not be considered when establishing tax rates\nfor any class of property. Such revenue shall be considered receipts\nother than taxes on real property for the purposes of section fifteen\nhundred fifteen of the New York city charter.\n  (e) The department of finance may promulgate any rules:\n  (1) necessary to implement this article, including, but not limited\nto, rules:\n  (A) to address a change in ownership of a covered property or a\nresidential cooperative dwelling unit, or illness or death of an owner\nof a covered property or residential cooperative dwelling unit;\n  (B) to authorize persons other than a covered owner to submit proof of\nprimary residency on behalf of a covered owner;\n  (C) relating to requirements for provision of notice of surcharge; or\n  (D) to establish when a sale of a residential condominium dwelling\nunit, or a transfer of an economic interest in a residential cooperative\ndwelling unit, has occurred for purposes of paragraph two of subdivision\n(g) of section thirteen hundred fifty-one of this article.\n  (2) to establish penalties not exceeding fifty percent of the\nsurcharge imposed on a covered property by this article if, after notice\nand a hearing, the department of finance determines that:\n  (A) any certification or documentation submitted to the department of\nfinance contains inaccurate or misleading information that: (i) is\nmaterial to the determination of the imposition of such surcharge,\nincluding a determination relating to primary residence; and (ii) was\nsubmitted negligently or in bad faith; or\n  (B) a covered property that is a residential condominium unit has been\ndivided into more than three units to avoid application of such\nsurcharge and the owner of such covered property has made such division\nin bad faith.\n  (f) The department of finance may enforce and collect any penalty\nimposed pursuant to the authority set forth in subsection (e) of this\nsection in the same manner as the department of finance enforces and\ncollects the surcharge authorized by this article.\n  (g) The commissioner of the department of finance may subpoena and\nrequire the attendance of witnesses and the production of books, papers\nand documents to secure information pertinent to the determination of\nthe surcharge, including a determination relating to primary residence.\n  * NB Repealed June 30, 2031\n