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It's Now a Year - No Credit/ProgressApr 29, 2020

So, it's now a year ago, that we were incorrectly charged the abatement tax. I've email contacted individuals (through recommendations which I appreciated) from the NYS DOF who said they would look at my case, but I never heard from them again. This is after emailing a follow-up asking for any updates. I then went direct to the NYS DOF website and submitted the details there, in hopes someone can look into my case, but within 24 hours, I received a "case closed" reply, with this response:
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Although you completed the application to establish your primary residence with your managing agent, they must relay this information to Department of Finance by listing you/unit on a co-op/condo change form. Please provide a copy of the change form listing the added owner for the 2018/19 tax year.
Thank you for contacting the New York City Department of Finance.
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The managing agent for my coop claims they DID take care of this, and that it's the DOF that is causing the delay, and not them. Even one of the board members mentioned that this has happened before, but never took this long to resolve. I'm at my wits end, and because of what's going on with the Covid-19 situation, I don't know if now is the time to expect any movement.

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Condo Abatement - Scott Jun 30, 2021

This is now happening to me with my condo. Two days after I closed on my unit, I emailed management to confirm they knew I was using the apartment as my primary residence, knowing I would be eligible for the abatement. Management said they would update the register when received from the city. (Already annoyed that they weren't taking a proactive approach, they can log into the system to update it.) I thought nothing of it, but come to find out that I have not been receiving the abatement for the last two years and the only other apartment that recently closed hasn't been receiving it for three years. Management insists they updated the system and this has happened before and that it's their word against the city. They also said they have a tough time trying to recoup the funds.

I am furious. If my management knows its an issue with their other buildings, I would ensure my changes were well documented prior to the February 15th deadline. I feel it's my management's fault. And if I don't get the credit back from the city, I would like to go after my management / my building to receive the difference.

Any else have recent luck on this?

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> Join the conversation Comments (2)
Coop/Condo Abatement - Carl Tait Jun 30, 2021

One of the stupidest and most infuriating tax changes of recent years is the "primary residence" nonsense you're talking about. The coop/condo tax abatement was intended to correct a palpably unfair tax rate for coops and condos when compared to houses, and was not in any sense a tax giveaway for wealthy homeowners. Years down the road, sanctimonious idiots got the wrong idea and slapped on the "primary residence" requirement.

To make things worse, the city has been utterly incompetent at managing its own books on this. One couple in our building had lived here for years when they were suddenly removed from the primary-residence rolls. Why? No one knows. Some brain-damaged bureaucrat hit the wrong button somewhere. So this poor couple didn't get their abatement that year, or the next. Finally, the city owned up to its error and the abatements were eventually granted retroactively.

Another couple moved in about three years ago and the primary-residence paperwork was immediately filed. There is proof it was filed. The city doesn't care. Year after year, this couple never gets their abatement. They are justifiably angry. There is nothing else we know to do. There's no doubt the managing agent and the shareholders did everything they were supposed to do.

I don't know of any solution to this other than (a) vote out everyone who is in charge of appointing these dolts and refuses to fire them, and (b) reform the tax system so coops and condos are taxed at a fair rate without the abatement band-aid.

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Condo Abatement - Steven424 Jun 30, 2021

This is for JC, Scott, and anyone else having the same R/E tax abatement issues.

First I want to confirm we're discussing Co-ops and not Condos because they're treated very differently. I'm assuming we're talking about co-ops only.

This really is a problem with the NYC DoF and not your managing agent. Knowing about a problem and being able to do something about it when it involves an NYC or NYS agency are worlds apart. COVID has exacerbated an already horrible situation. With these agencies, you'll have to walk a thin line between being a PITA and being sweetness and light.

A few shareholders in my building are having the same issues so it's not just you or your MA. You *will* eventually receive what you are due. It will just take longer.

Keep on Truckking'...
--- Steve

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