Why Upstate lawmakers want a foot-on-the-ground tax beyond New York City

by Rachel Morgan News Editor

New York is currently entering its fourth week without a State Budget, which was originally due on April 1st. While lawmakers move closer to compromises on immigration, auto insurance, and Climate Law changes, fiscal agreements have largely stalled.

The “Pied-à-Terre” Tax Proposal

A notable exception to the fiscal deadlock is a proposal from Governor Kathy Hochul and Mayor Zohran Mamdani to implement a tax on luxury second homes in New York City. The primary goal of this measure is to help close the city’s $5 billion budget gap.

From Instagram — related to New York City, Governor Hochul

The proposed “pied-à-terre” tax would apply a yearly surcharge to luxury second homes in NYC valued at $5 million or more. Governor Hochul estimates the tax could raise at least $500 million annually.

According to a statement from the Governor, the tax would target properties that are not the primary residence of the owner, are not occupied by the owner’s family, and are not rented to a primary resident.

Did You Know? The term “pied-à-terre” roughly translates from French to mean “foot-on-the-ground,” and the concept of taxing these properties has been discussed in the City and Capital for more than a decade.

Expanding the Tax Upstate

State Senator Pat Fahy (D-Albany) is proposing that similar revenue streams be used to stabilize the fiscal health of Upstate municipalities. While the tax would be mandatory in New York City, Fahy suggests an “opt-in” system for other areas, such as Lake Placid, Saratoga, and Lake George.

Under Fahy’s proposal, the threshold for taxed properties outside of NYC would be lowered to those valued at $3 million or more. The revenue would be split, with half going to the municipality that opts in and the other half allocated to the aid and incentives to municipalities (AIM) fund.

Fahy clarified that the intent is not to target multi-generational Adirondack camps, but rather second homes used once a week or those generating income through Airbnb. She also noted that properties in Montauk are on her radar.

Expert Insight: This proposal highlights a strategic attempt to shift the tax burden onto non-resident luxury owners to solve municipal deficits. However, the tension between the Majority’s push for new revenue and the GOP’s warning about the cost of living creates a significant political hurdle that may complicate the final budget negotiations.

Political Pushback and Next Steps

GOP members have opposed the tax increases, arguing that such measures increase the cost of living in New York State and could encourage residents to leave.

Upstate lawmakers react to pause in pay

Senator Fahy believes this luxury tax should be passed in addition to One-House Budget proposals, which seek personal income tax increases for individuals earning more than $5 million. However, Governor Hochul has maintained her opposition to those specific income tax increases.

As the budget remains unfinished, the legislature is expected to pass another budget extender this Monday.

Frequently Asked Questions

What is the purpose of the proposed pied-à-terre tax?

The proposal aims to help close New York City’s $5 billion budget gap by taxing luxury second homes.

Frequently Asked Questions
New York City Upstate

Who would be required to pay the tax in New York City?

The tax would apply to luxury second homes valued at $5 million or more that are not the owner’s primary residence, not occupied by the owner’s family, and not rented to a primary resident.

How would the Upstate “opt-in” tax differ from the NYC version?

Outside of NYC, the tax would be optional for municipalities and would target properties with a lower valuation threshold of $3 million. Revenue would be split equally between the opting municipality and the AIM fund.

Do you believe luxury second-home taxes are an effective way to close municipal budget gaps?

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