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.
LBD15353-01-6
A. 10812 2
two, or three-family house, an individual condominium unit, or a cooper-
ative apartment unit. The rate of such tax shall be one percent of the
consideration or part thereof attributable to the residential real prop-
erty.] Such tax shall be paid at the same time and in the same manner as
the tax imposed by section fourteen hundred two of this article.
(A-1) FOR PURPOSES OF THIS SECTION, THE ADDITIONAL TAX IMPOSED PURSU-
ANT TO THIS SECTION SHALL APPLY ONLY TO CONVEYANCES OF RESIDENTIAL REAL
PROPERTY THAT MEET BOTH OF THE FOLLOWING CRITERIA:
1. THE CONSIDERATION FOR THE CONVEYANCE EXCEEDS FOUR MILLION FIVE
HUNDRED THOUSAND DOLLARS; AND
2. THE RESIDENTIAL STRUCTURE CONTAINS FIVE THOUSAND SQUARE FEET OR
MORE OF LIVABLE INTERIOR SPACE, AS REFLECTED IN THE MOST RECENT ASSESS-
MENT RECORDS OR OTHER DOCUMENTATION ACCEPTABLE TO THE COMMISSIONER.
(b) Notwithstanding the provisions of subdivision (a) of section four-
teen hundred four of this article, the additional tax imposed by this
section shall be paid by the grantee. If the grantee has failed to pay
the tax imposed by this article at the time required by section fourteen
hundred ten of this article or if the grantee is exempt from such tax,
the grantor shall have the duty to pay the tax. Where the grantor has
the duty to pay the tax because the grantee has failed to pay, such tax
shall be the joint and several liability of the grantor and the grantee.
(c) Except as otherwise provided in this section, all the provisions
of this article relating to or applicable to the administration,
collection, determination and distribution of the tax imposed by section
fourteen hundred two of this article shall apply to the tax imposed
under the authority of this section with such modifications as may be
necessary to adapt such language to the tax so authorized. Such
provisions shall apply with the same force and effect as if those
provisions had been set forth in this section except to the extent that
any provision is either inconsistent with a provision of this section or
not relevant to the tax authorized by this section.
(D) BEGINNING ON JANUARY FIRST OF THE CALENDAR YEAR FOLLOWING THE
EFFECTIVE DATE OF THIS SUBDIVISION, AND ANNUALLY THEREAFTER, THE DOLLAR
THRESHOLD SET FORTH IN PARAGRAPH ONE OF SUBDIVISION (A-1) OF THIS
SECTION SHALL BE ADJUSTED BY THE COMMISSIONER IN ACCORDANCE WITH THE
CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), OR ANY SUCCESSOR
INDEX, AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR. SUCH
ADJUSTED THRESHOLD SHALL BE ROUNDED TO THE NEAREST TEN THOUSAND DOLLARS
AND SHALL BE PUBLISHED NO LATER THAN DECEMBER FIRST OF EACH YEAR.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE ADDITIONAL TAX
IMPOSED PURSUANT TO THIS SECTION SHALL NOT APPLY TO A CONVEYANCE OF
RESIDENTIAL REAL PROPERTY TO A FIRST-TIME HOMEBUYER, PROVIDED THAT SUCH
PROPERTY SHALL BE OCCUPIED AS THE PURCHASER'S PRIMARY RESIDENCE. FOR
PURPOSES OF THIS SUBDIVISION, A "FIRST-TIME HOMEBUYER" SHALL MEAN AN
INDIVIDUAL WHO HAS NOT HELD AN OWNERSHIP INTEREST IN A RESIDENTIAL
DWELLING WITHIN THE THREE-YEAR PERIOD PRECEDING SUCH CONVEYANCE.
(F) THE ADDITIONAL TAX IMPOSED PURSUANT TO THIS SECTION SHALL NOT
APPLY TO OWNER-OCCUPIED PRIMARY RESIDENCES UNLESS THE CONVEYANCE MEETS
THE DEFINITION OF RESIDENTIAL PROPERTY AS SET FORTH IN SUBDIVISION (A-1)
OF THIS SECTION.
§ 4. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
A. 10812 3
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
§ 5. This act shall take effect immediately.