Unnamed panelist testifies on personal surcharge notice and botched process
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.
First of all, I'd like to thank the committee very much for holding this hearing.
And I'm wondering, before I even give my testimony, what power does this committee even have to assist?
in the implementation of this tax?
Can anybody answer?
I mean...
We have oversight responsibility, and certainly the fact that you're all here gives us even more ammunition to question the implementation.
So it's a process, but we are going to get answers to the questions.
So, thank you.
I'd like to relate to you two cases today.
The first case is for my own apartment.
I live at 733 Park Avenue, floor 29.
I've lived in this apartment full time since 2018 and have always filed New York City and New York State tax returns.
And I'd like to add for the record that I pay a ton of tax.
When I was in the elevator going to my apartment, I just happened to bump into a neighbor.
He informed me that he had received my non-primary residence property surcharge notice.
I was shocked.
He showed me a copy and I took a cell phone picture of it.
My apartment was clearly listed on the notice.
However, my neighbor's name and his wife's name were the addressees on the notice.
The post office had delivered the notice to his apartment.
If I hadn't run into my neighbor in the elevator that day, I never would have even known about this matter.
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.
When I went into the website at first, the website would not let me proceed, claiming incorrect PIN.
I tried several times and it would not let me proceed.
So I put it aside and I decided to give it a try another day.
Yesterday, I tried again.
This time, the PIN worked.
However, my apartment was marked as filed and it would not let me proceed or submit any documents.
At this point, I have no way of objecting to the non-primary residence notice.
So I think that this entire process has been completely botched.
Am I not entitled to due process?
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?
That's case number one.
Case number two relates to my son's apartment.
In 2012, I established a trust for the benefit of my daughter and my son.
We purchased an apartment right down the street from me for my son to live in, and he lives there full time.
He got the same notice.
Now, under the law, the rule is that if you are the sole beneficiary of the trust, you can contest that.
But if there are two people that are beneficiaries, you can't contest it.
Now, in this instance, unfortunately, my daughter passed away, so we will be able to...
And test that.
But it's such an unfair thing.
You know, we set up that trust in 2012.
Here we are in 2026 with a law that applies prospectively, not retroactively.
It's just so unfair.
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.
By the way, I did file a complaint with finance.
checked my cell phone while it was waiting to testify today, and they replied a very truncated answer.
All it said was, withdraw the prior submission and resubmit.
Now, I didn't submit the first submission.
Okay, but we'll be glad to help you with that, just so you know.
All right?