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Assembly Bill A10812

2025-2026 Legislative Session

Increases the threshold for the additional tax on real estate transfers

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Current Bill Status - In Assembly Committee

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2025-A10812 (ACTIVE) - Details

Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §1402-a, Tax L

2025-A10812 (ACTIVE) - Summary

Enacts the "middle-class homebuyer protection act" to increase the additional tax imposed on residential real property if the consideration for the conveyance from $1,000,000 to $4,500,000 where the residential structure contains five thousand square feet or more of livable interior space.

2025-A10812 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10812
 
                           I N  A S S E M B L Y
 
                               April 1, 2026
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
   Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to redefining the applicability
   of the additional real estate  transfer  tax  commonly  known  as  the
   "mansion  tax",  providing protections for middle-class and first-time
   homebuyers, and indexing thresholds for inflation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "middle-class homebuyer protection act".
   § 2. Legislative intent. The legislature  hereby  finds  and  declares
 that the additional real estate transfer tax imposed pursuant to section
 1402-a  of  the  tax law, commonly referred to as the "mansion tax", was
 enacted in 1989 to target luxury real estate transactions, but  has  not
 been adjusted for inflation or evolving housing market conditions.
   The  legislature further finds that, particularly in high-cost regions
 such as Long Island and other suburban areas, modest middle-class  homes
 are routinely subject to this tax solely due to price inflation, despite
 lacking  any characteristics commonly associated with luxury or mansion-
 style residences. It is therefore  the  intent  of  the  legislature  to
 protect  middle-class  and  first-time  homebuyers, promote fairness and
 transparency in taxation, and ensure that taxes  intended  to  apply  to
 luxury properties are imposed only upon properties that objectively meet
 that standard.
   § 3. Section 1402-a of the tax law, as added by chapter 61 of the laws
 of  1989, subdivision (b) as amended by section 2 of part OOO of chapter
 59 of the laws of 2019, is amended to read as follows:
   § 1402-a. Additional tax. (a)  In  addition  to  the  tax  imposed  by
 section fourteen hundred two of this article, a tax is hereby imposed on
 each  conveyance  of  residential real property or interest therein when
 the consideration for the entire conveyance is [one] FOUR  million  FIVE
 HUNDRED  THOUSAND dollars or more.  [For purposes of this section, resi-
 dential real property shall include any premises that is or may be  used
 in  whole  or  in part as a personal residence, and shall include a one,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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