Commissioner Lee's written testimony: legal framework and rulemaking process

Dear Gail Brewer, Chair Linda Lee, and members of the City Council, my name is Richard Lee, and I am the Commissioner of New York City Department of Finance.

Thank you for the opportunity to submit testimony regarding the implementation of the surcharge on non-primary resident properties commonly referred to as pied-à-terre.

I understand the Council's interest in holding this hearing to discuss the implementation of this surcharge.

The public understandably has a range of questions about this surcharge and the manner in which it has been implemented.

I have been engaged with members of your team and directly with many of you, he has, absolutely, to ensure that New Yorkers have the information that they need.

I would have welcomed the opportunity to appear in person and field your questions directly, but the pending and active litigation precludes me from doing so.

The administration requested that the City Council postpone the hearing to the near future, but the Council declined.

In the meantime, I appreciate the opportunity to address some of those questions in my written testimony.

First, let me walk through the steps that led to implementation of the surcharge.

From the passage of the state legislation authorizing the surcharge,

through the rulemaking process to the posting of a supplemental role and transmission of initial determination letters.