Legislation

* § 1352. Primary residence. (a) Determination of primary residency.
(1) The department of finance shall make, on an annual basis, an initial
determination that a covered property, or, in the case of a covered
property that is a residential cooperative property, a residential
cooperative dwelling unit, that has a phase one or phase two market
value equal to, or greater than, the threshold provided in section
thirteen hundred fifty of this article, is not a primary residence. The
department of finance shall make a determination of primary residence
based on factors identified by rules of the department of finance,
including but not limited to whether such covered property or
residential cooperative dwelling unit was occupied in aggregate for a
majority of days during a calendar year by a covered owner of such
covered property or residential cooperative dwelling unit. The
department of finance shall make such initial determination based on
information available to such department.

(2) The department of finance shall provide notice to the owner of a
covered property, or, in the case of a covered property that is a
residential cooperative property, a residential cooperative dwelling
unit, of such initial determination, provided that, for the fiscal year
beginning July first, two thousand twenty-six, such department shall
provide such notice no later than August thirtieth, two thousand
twenty-six. Such notice shall include an opportunity for such owner to
submit proof of primary residence, to the satisfaction of such
department, in accordance with a time period established by rules of
such department. The department of finance may require that such owner
provide a certification that such covered property or residential
cooperative dwelling unit is a primary residence, as well as any
documentation demonstrating:

(A) that a covered owner provided the address of such covered property
or residential cooperative dwelling unit as such covered owner's
permanent home address on the New York state resident income tax return
filed by such covered owner for the calendar year that ends immediately
preceding the fiscal year in which the surcharge is imposed;

(B) such covered property or residential cooperative dwelling unit
received a real property tax exemption pursuant to section four hundred
twenty-five of the real property tax law during the fiscal year
immediately preceding the fiscal year in which the surcharge is imposed
or the owner of such covered property or residential cooperative
dwelling unit received a tax credit pursuant to subsection (eee) of
section six hundred six of the tax law for such covered property or
residential cooperative dwelling unit for the calendar year immediately
preceding the fiscal year in which the surcharge is imposed; or

(C) such covered property or residential cooperative dwelling unit is
the primary residence of one or more lessees or sub-lessees to which a
lessee has sublet such covered property or residential cooperative
dwelling unit pursuant to subdivision two of section two hundred
twenty-six-b of the real property law or an immediate family member of a
covered owner.

(3) After consideration of a submission of proof of primary residence
by a covered owner pursuant to paragraph two of this subsection, and
other available information, the department of finance shall determine
whether such covered property or residential cooperative dwelling unit
is not a primary residence. Such determination shall constitute a final
determination of the department of finance.

(4) The department of finance may require electronic submission of any
certification or documentation described in this section.

(5) Failure to provide the notice required by this section shall not
affect the validity of the imposition of the surcharge authorized by
this article.

(b) Promulgation of rules. The department of finance may promulgate
rules to:

(1) specify additional factors or documentation that may assist in the
initial or final determination of whether a covered property, or, in the
case of a covered property that is a residential cooperative property, a
residential cooperative dwelling unit, is a primary residence; and

(2) establish a process through which the department of finance may
audit any certification or documentation of primary residency submitted
pursuant to this section within six years of such submission.

* NB Repealed June 30, 2031