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December 7, 2000 - From The New York Times
 

Giuliani Drops Co-op Tax Relief Plan

by Lois Weiss

A plan to completely overhall co-op and condo property taxes has been ditched by the Giuliani administration – at least for the moment.

It appears the city administration is holding the more extensive and expensive plan hostage until it can be properly reimbursed for the state’s school tax rebate program, known as STAR.

In a letter to state legislative leaders obtained by the Post from the Dept. of Finance, the administration advised that the loss of the funds has given them no choice but to simply continue the current, temporary abatement, rather than presenting a more costly, permanent solution.

The current program provides a property tax abatement to non-sponsor unit owners, but ends at the end of June and would still need to be renewed by the City Council and state.

Rather than simply renewing the current program, the city was expected to present a legislatively mandated long-term plan to bring the property taxes paid by co-op and condo owners more in line with those paid by single family homeowners – a plan that has been in the works for several years.

“This is not about more equitable STAR distribution, it’s about how little the single family homeowner pays in relation to what a co-op/condo owner pays,” said Robert Grant, director of management for Midboro Management, a Manhattan-based management company who would like to see a permanent plan in place.

The city has recognized the disparty in taxes for a decade, and the temporary abatement plan put in place in 1996 was designed to help until a more formal plan could be adopted. Last year, the city again asked the state legislature for a one-year abatement extension to give it more time to refine the long-term plan.

(The following was in The New York Post:)

“We have had five years of this program, and it’s brought us closer to fairer property tax treatment,” said Mary Ann Rothman, executive director of the Council of New York Cooperatives and Condominiums. “We believe this administration is committed to continuing the abatement, but it still has to be passed by the legislature and in the meantime,” she agreed, “it’s wrecking havoc with co-op and condo budgets.”

In the letter dated September 14, 2000 and signed by Finance Commissioner Andrew Eristoff, he states that since Fiscal 1997, the legislation has saved co-op and condo owners $413 million, but costs the city $167 million annually, a figure already budgeted by the City for fiscal 2001.

The letter notes that the disparity between unit and homeowners continues to the tune of an additional $180 million each year. But it goes on to note that the loss of the commuter tax has cost the city $550 millon a year, at the same time the state is reimbursing the city $400 million less than the STAR program actually costs.

“...it would be irresponsbile and unfair to ask City taxpayers, who already carry the current abatement program, to bear the full burden of eliminating remaining disparity,” the letter states, explaining they have “no choice but to continue our significant commitment to the current abatement.”

Martin Karp, chairman of the Action Committee for Reasonable Real Estate Taxes is disappointed the long-term plan was not presented but continued, “We appreciate the fact that the Dept. of Finance and the Mayor have released their views on the plan, and acknowledge that there is still an inequity in the treatment of co-ops and condos in Tax Class II. We would like an early release of a home rule message to the state legislature so there can be timely passage of the enabling legislation. But we would hope that at some point, the abatement percentages can be adjusted to reduce the tax inequity for resident homeowners in Class II.”

Co-op and condo owners of up to three units in Tax Class II currently receive a credit of either 17.5 percent or 25 percent, depending on the assessed valuation of the unit. The co-op credit is distributed to the board, which by law must give it back to the current shareholders. Sponsors are excluded so as to encourage them to sell and not rent the units.

In his letter, Commissioner Eristoff goes on to advise, “If in the future the State allocates additional resources, perhaps by adopting a more equitable STAR apportionment formula, then the City will be prepared to offer detailed recommendations for implementing a broad-based reform program.”

State law mandated the development of a long-term solution for the property tax disparity that was to be presented before 1996.

While that deadline came and went, the abatement was extended as the administration worked with co-op leaders on a long-term solution. Sources say that plan was presented to Mayor Giuliani earlier this summer by Commissioner Eristoff, but rather than supporting the plan, two deputy mayors urged the mayor to use it as a wedge to get more money from the legislature.

Calls for comment from the legislature and City Hall were not returned by deadline.

 

 
© 2000 Lois Weiss
 
     

 
© 2000 Lois Weiss. All Rights Reserved.