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Public Testimony

Unnamed panelist testifies on personal surcharge notice and botched process

New York City Council · Aug 18, 2026 · starts 1:56:22 · 3 min 55 sec

A panelist shares two personal cases: his own apartment at 733 Park Avenue where a neighbor received his surcharge notice by mail, and his son's trust-held apartment. He describes website errors preventing him from contesting the notice and questions his due process rights.

Member of the Public

First of all, I'd like to thank the committee very much for holding this hearing.

Member of the Public

And I'm wondering, before I even give my testimony, what power does this committee even have to assist?

Member of the Public

in the implementation of this tax?

Member of the Public

Can anybody answer?

Member of the Public

I mean...

Gale A. Brewer

We have oversight responsibility, and certainly the fact that you're all here gives us even more ammunition to question the implementation.

Gale A. Brewer

So it's a process, but we are going to get answers to the questions.

Member of the Public

So, thank you.

Member of the Public

I'd like to relate to you two cases today.

Member of the Public

The first case is for my own apartment.

Member of the Public

I live at 733 Park Avenue, floor 29.

Member of the Public

I've lived in this apartment full time since 2018 and have always filed New York City and New York State tax returns.

Member of the Public

And I'd like to add for the record that I pay a ton of tax.

Member of the Public

When I was in the elevator going to my apartment, I just happened to bump into a neighbor.

Member of the Public

He informed me that he had received my non-primary residence property surcharge notice.

Member of the Public

I was shocked.

Member of the Public

He showed me a copy and I took a cell phone picture of it.

Member of the Public

My apartment was clearly listed on the notice.

Member of the Public

However, my neighbor's name and his wife's name were the addressees on the notice.

Member of the Public

The post office had delivered the notice to his apartment.

Member of the Public

If I hadn't run into my neighbor in the elevator that day, I never would have even known about this matter.

Member of the Public

So I gathered my documents to prove my primary residence, such as my shareholder certificate, my tax returns showing my address, and my driver's license.

Member of the Public

When I went into the website at first, the website would not let me proceed, claiming incorrect PIN.

Member of the Public

I tried several times and it would not let me proceed.

Member of the Public

So I put it aside and I decided to give it a try another day.

Member of the Public

Yesterday, I tried again.

Member of the Public

This time, the PIN worked.

Member of the Public

However, my apartment was marked as filed and it would not let me proceed or submit any documents.

Member of the Public

At this point, I have no way of objecting to the non-primary residence notice.

Member of the Public

So I think that this entire process has been completely botched.

Member of the Public

Am I not entitled to due process?

Member of the Public

Am I just supposed to pay a tax of $58,479 without at least having an opportunity to rebut it, to prove that I live in this apartment?

Member of the Public

That's case number one.

Member of the Public

Case number two relates to my son's apartment.

Member of the Public

In 2012, I established a trust for the benefit of my daughter and my son.

Member of the Public

We purchased an apartment right down the street from me for my son to live in, and he lives there full time.

Member of the Public

He got the same notice.

Member of the Public

Now, under the law, the rule is that if you are the sole beneficiary of the trust, you can contest that.

Member of the Public

But if there are two people that are beneficiaries, you can't contest it.

Member of the Public

Now, in this instance, unfortunately, my daughter passed away, so we will be able to...

Member of the Public

And test that.

Member of the Public

But it's such an unfair thing.

Member of the Public

You know, we set up that trust in 2012.

Member of the Public

Here we are in 2026 with a law that applies prospectively, not retroactively.

Member of the Public

It's just so unfair.

Gale A. Brewer

We will be glad to offline to set you up with somebody at finance if you want, particularly for case one and if you need for case two.

Member of the Public

By the way, I did file a complaint with finance.

Member of the Public

checked my cell phone while it was waiting to testify today, and they replied a very truncated answer.

Member of the Public

All it said was, withdraw the prior submission and resubmit.

Member of the Public

Now, I didn't submit the first submission.

Linda Lee

Okay, but we'll be glad to help you with that, just so you know.

Linda Lee

All right?