Help - Abatement question
Started by SK0821
over 10 years ago
Posts: 10
Member since: Jul 2013
Discussion about
Hi -- I've owned a co-op since Nov 2013 but received a notice from my Management office in January that NYC Department of Finance does not consider my apartment to be my primary residence, and will not receive tax abatement. So, we filled out the Primary Residence Affidavit form, which was mailed to NYC department of Finance back in January. However, I still have not received an abatement and my management company says the city has not responded yet. We now owe the Management Company around $2000 for no fault of ours as the co-op is offsetting this benefit by charging an assessment. Any thoughts on what I can do? thanks so much in advance.
I'm in a similar situation. My building property manager said the DoF will issue the revised Property Tax Abatement for 2014/2015 in June 2015. I suspect the timeline will be similar in your case. Nothing really I can do except to wait
Its not the management company's fault either.
Many co-ops including mine handle the abatement by the same method.
Receiving the abatement for all the units and assessing and equal amount against it.
Ive hated this Rube Goldberg accounting approach and have been trying to change it in my building.
The argument for it by some of my board members is that it helps show a lower maintenance for the individual units , thus improving resale values.
I think its a haven for confusion and everyone should be billed as if there were no abatement , and cutting checks to those who do get the abatement when it arrives for those individual owners who are owner occupied.
Its just not equitable for those who are primary residence owner/occupied to lose part of their abatement for neighbors who are not.
In your case SK0821, its on you to deal with the city for the abatement. If your management company is decent and you ask nicely, maybe they can help guide with whats wrong with your application. It is likely too late for 2014. The city jerked a lot of people around and a lot of people were improperly disqualified.
But it is on you to correct, not the management company.
Truthskr10 - I understand it's not the management company's fault but you have to keep in mind I bought the place only a year and half ago. There's nothing in my closing statement or tax returns, etc. that suggest It isn't my primary residence. I've emailed the NYC DoF to see what happened to my Primary Residence Affidavit (sent in January to them) but it really sucks that we have to deal with this when it's clear it is our primary residence.
feelhong - are you paying the co-op assessment in the meantime?
I'm in the same boat. Mgmt company is trying to help suss it out with DOF. Keep in mind it can take months and even sometimes years to correct the records. We've owned our co-op since 2010 and are still dealing with this sh**t , possible because we also still own a small studio that we've been subletting out (and haven't occupied in 10 years) and for some inane reason that location is still in the system as my primary residence. Go figure.
Oh, and just to clarify--we stopped getting tax rebates when I moved out of the studio nearly 10 years ago so there is NO reason DOF should be continuing to insist it's our primary residence... hurts my head. Really does.
Bramstar - Can't believe the city does this! So, have you been paying an "assessment" every year to the co-op as it doesn't get offset by the abatement? or does your co-op not have such assessments?
Have you had any luck visiting the nyc dof office in 66 john street? Wondering if that's worth the effort.
Bad news. From what Im reading around the net, the city has been a bad actor in helping people rectify their situations.
In addition, deadlines have passed for 2015 already.
Some others with similar problems
http://www.habitatmag.com/Board-Talk/Who-has-the-DOF-s-This-is-my-primary-residence-form
2016 form link on this page
deadline february 2016
http://www1.nyc.gov/site/finance/benefits/landlords-coop-condo.page#require
truthskr10 - but I submitted my Primary residence affidavit back in January....that was before deadline though, correct?
>>>have you been paying an "assessment" every year to the co-op as it doesn't get offset by the abatement? or does your co-op not have such assessments?
Have you had any luck visiting the nyc dof office in 66 john street? Wondering if that's worth the effort. <<<
Yes, I have been paying the assessment each year.
No I have not gone to DOF in person. Past experiences with city govt offices is that showing up tends to be an exercise in frustration.
this is what the city responded today. How do I interpret the last paragraph about the law?
The managing agent submitted a 2014/15 cooperative property tax abatement change form in February 2015 as they should have.
The Department of Finance is making every effort to process the inventory of Coop Change Forms for the 2014/15 Fiscal Year as soon as possible. However, many forms are still under review and we cannot guarantee completion by the new fiscal year billing in June. The RPTL 467a does not reference a distribution date. The law stipulates that the reduction in real property taxes received shall be credited by the cooperative apartment corporation against the amount of such taxes attributable to eligible dwelling units at the time of receipt. We apologize for any inconvenience and appreciate your patience.
I think all they're really telling you is they probably won't even have your exemption processed by the time 2015-16 bills (and exemptions) are issued. So prepare to pay your coop (via the managing agent) for the 2014-15 amount as well as roughly the same for 2015-16.
You should get it back eventually (the city should correct 2014-15 and 2015-16 and send the money to the coop, which must then return it to you). In the meantime you probably need to pay to remain in good standing with the coop. You might be able to arrange some type of payment plan, which could then be scrapped and reconciled once the city fixes its paperwork and sends a check. But I'm not sure the coop would be under any formal obligation to offer you that option.
SKO, at least you have a confirmation from the city.
And everything uptownJoe said, I would only be repeating him.
You could write your house of rep for your district as well, keep that office aware this a n issue for many voters.
City hall with Blah de Blah would be a waste of time.
On writing your rep, I would focus on making sure your in the system at the very least for 2016.
Its easier to fight for something that hasnt happened yet vs something that has.
Im not saying give up on 2015(def keep after it) but hedge your bet with your local house of repper and make sure 2016 doesnt get lumped in with 2015 from now.
Hi- can anyone confirm whether DoF has already disbursed payments this year for 2014/2015? Thx
My building management told me July or even August...
this was very helpful. thanks for all the comments
hi everyone - just wanted to provide an update that I did receive my full refund from the city. It took about 6 months, but i'm glad it got done. I reached out to them via social media and direct email. Cheers.