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Since the publication of this Client Alert on July 30, 2026, several significant developments have affected the implementation of NYC’s Non-Primary Residence Surcharge (the “Pied-à-Terre Tax”), including the NYC Department of Finance (“NYC DOF”) extending the deadline for property owners to submit exemption applications to September 18, 2026.

On August 7, 2026, three NYC homeowners filed a lawsuit challenging the City’s implementation of the surcharge, including the City’s process of identifying properties as potentially subject to the surcharge and requiring owners to establish their eligibility for an exemption. Of note, the lawsuit does not challenge the validity of the surcharge itself.

Implementation of the surcharge has been temporarily halted by the issuance on August 10, 2026 of a temporary restraining order by NYS Supreme Court Justice Wayne Ozzi. The City has appealed the order, indicating that it will continue implementing the surcharge while the appeal proceeds.

The Non-Primary Residence Surcharge remains part of New York law. Property owners who have received a notice and believe they qualify for an exemption should continue to follow the NYC DOF’s current procedures, including the September 18, 2026 deadline, unless and until the NYC DOF or a court directs otherwise.

Sullivan & Worcester LLP will continue to monitor developments concerning the surcharge and the pending litigation and provide further updates as appropriate.

For More Information

Sullivan & Worcester LLP advises clients on a broad range of private client, estate planning, trust and estate administration, tax, and real property matters. Questions regarding the Non-Primary Residence Surcharge, its application to a particular property or ownership structure, exemption eligibility, valuation issues, or related compliance matters may be directed to your regular Sullivan & Worcester attorney or any member of our Private Client Group.

This Client Alert has been prepared by Carole M. Bass, Esq., a Partner, Douglas P. Schneidman, a Partner, Steven M. Cunningham, a Partner, and Molly E. Depew, an Associate, in the Private Client practice group of the international law firm of Sullivan & Worcester LLP. For more information, Ms. Bass may be reached in our New York Office by calling +1 (212) 660-4047 or by email at cbass@sullivanlaw.com; Mr. Schneidman may be reached in our New York Office by calling +1 (212) 660-3086 or by email at dschneidman@sullivanlaw.com; Mr. Cunningham may be reached at our Boston Office by calling +1 (617) 338-2432 or by email at scunningham@sullivanlaw.com; Ms. Depew may be reached at our New York Office by calling +1 (212) 660-3091 or by email at mdepew@sullivanlaw.com.

This Client Alert is provided for general informational purposes only and does not constitute legal advice.