New York City To Appeal Judge’s Order Barring Pied-à-Terre Torment

New York City is proceeding with its pied-à-terre tax as it pursues an appeal of a judge’s late Monday order barring the city from implementation while the case works its way through the court.The case will now go to the state court’s Appellate Division after the city filed a notice that it would seek to prevent enactment of a temporary restraining order granted by New York Supreme Court Judge Wayne M. Ozzi. The order prevents the city from moving forward with its surcharge on second homes. Judge Ozzi ruled in favor of three New York homeowners aggrieved by the tax’s tumultuous rollout. The trio say they were harmed by the city’s move to publish a property tax roll listing more than 900,000 home addresses, their owners and property values as well as the subsequent notices requiring selected homeowners to prove they reside in New York or pony up. Approximately 17,000 homeowners have been marked for the fee, which can run to five figures. Complaints streamed into city councilmembers’ offices, social media, and news outlets about family homes wrongly tagged as secondary residences and technical difficulties blocking homeowners from applying for exemptions.The city’s actions did appear to cause the homeowners irreparable harm, in Judge Ozzi’s view. He issued a preliminary order favoring the homeowners, and prohibiting the city from moving ahead with the surcharge until the case is decided. “We disagree with today’s ruling, but we are confident in both the pied-à-terre surcharge and the City’s ability to implement it fairly and effectively,” City Hall spokesman Matt Rauschenbach said in a statement before attorneys for the city filed a notice of its intent to seek a stay on the restraining order.Governor Kathy Hochul affirmed that the city would take another stab at the rollout but said state law allowing the surcharge “remains intact.” “Take another approach. Get it done in the way that’s required. But the law is intact, so it’s going to continue,” she said, telling reporters Monday that an improved rollout is “entirely doable.”Judge Ozzi scheduled oral arguments on the merits of the complaints for August 31 in his Staten Island courtroom, where the homeowners and their attorney, Mamdani administration gadfly and former city official Randy Mastro, will face off with City Hall.

New York City To Appeal Judge’s Order Barring Pied-à-Terre Torment

New York City To Appeal Judge’s Order Barring Pied-à-Terre Torment

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