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Agency Testimony

Commissioner Lee's testimony: initial determination letters and exemption process

New York City Council · Aug 18, 2026 · starts 0:15:07 · 4 min 12 sec

The testimony explains that only 17,000 of 960,000 listed properties received initial determination letters. Properties with existing primary residency proof, such as SCHE/DHE recipients, were excluded. The letters are not tax bills but allow owners to submit proof of primary residency.

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Section 11-3205 of the Admin Code, part of the statutory framework,

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governing the surcharge, requires the city to administer and enforce the surcharge, quote, to the greatest extent practicable,

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in the same manner used to administer and enforce real property taxes, unquote, and requires the publication of corresponding property valuation information

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on a roll.

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The law authorizing the surcharge was adopted after the assessment roll for fiscal year 2627 had already been published.

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As a result, the law governing the surcharge required the city to release a supplemental mid-cycle roll

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for the 2627 tax year in order for the

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surcharge to be administered.

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Stated differently, for the 26-27 fiscal year only, Finance published a new assessment role mid-year, the July 2026 supplemental role.

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This largely involved republishing data from the May 2-6 final assessment role.

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Finance published the required supplemental role on July 24, 2026.

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This supplemental role includes relevant property valuation information and certain descriptive information regarding all property.

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That meets the surcharge statute definition of quote, covered property, unquote.

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The universe of the properties considered covered property for purposes of the law is much broader than the properties that were sent initial determination letters

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as explained below or that will eventually be subject to the surcharge.

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In light of this, it is important to emphasize what the supplemental rule does not do.

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The supplemental rule does not establish which properties are subject to the surcharge.

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It generally includes certain information to identify such properties and their ownership.

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Like the assessment roll, publication of the supplemental roll provides a basis for property owners to change.

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challenge the value of their properties.

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The law also requires finance to send initial determination letters to property owners whose properties may be subject to the surcharge

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and whose primary residency could not be confirmed based on the information available to the agency as described in finance rules.

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Only a very small subset of the population of properties that were listed in the supplemental roll

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received an initial determination letter, about 17,000 homes out of approximate total of 960,000 listed homes.

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The surcharge only applies to those Class 1 properties, which typically include one to three family homes, with market values greater than or equal to $5 million,

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and cooperative and condominium dwelling units with market values greater than or equal to $1 million.

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Some properties that would have otherwise received an initial determination letter did not ultimately receive one because finance already possessed data

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that sufficiently demonstrated that the property was used as a primary residence and was therefore not subject to the surcharge.

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For example,

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Homeowners who affirmatively established primary residency with finance already were the two

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627 fiscal year, such as homeowners who received the Senior Citizens Homeowners Exemption, known as SHI,

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or the Disabled Homeowners Exemption, known as D, and therefore have provided proof of residency as well as proof of income for eligibility, did not receive this initial determination letter.