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I informed my managing agent that my coop is my primary residence. However, I never received my rebate for the monthly nyc coop condo assessment.
Managing Agent recently responded I did not return a notarized statement they sent to me a few years ago stating the property was my primary residence, so they did not inform NYC Dept of Finance.
Before they finally informed me of that, I had phone conversations and emails asking why I hadn’t received the rebate, where they never told me about the need for the notarized form. So, I missed out on two years of rebates.
All current communication with the Board and Managing Agent is ignored.
I’m considering small claims court. Any other advice or thoughts would be appreciated.
I agree with PC’s advice, but I think that the STAR rebate is administered by NYS. I’m out of state now so the info is not in front of me.
You can apply for STAR online. The 4 NYC abatements are Senior Citizen, Real Estate, Veterans, and Disability.
Good luck!
<a href="https://www.google.com/">https://www.google.com/</a>
Hope this site helps you.
https://www1.nyc.gov/site/finance/benefits/landlords-star.page
it's your job to manage this, not your managing agent's. your board should be able to help keep you informed but ultimately you should be doing this for yourself.
I don’t believe the writer’s question was answered. He lost 2 years of the abatement and how does he reclaim it? He wrote “I’m considering small claims court.” Indicates he is seeking the abatement he is entitled to.
1) Would the writer succeed if they were to go to small claims court?
2) What recourses does the writer have to reclaim their lost abatement?
3) When a person purchases their first coop, how and who is responsible to advise the new coop owner of the abatement paperwork?
The answer: “it's your job to manage this, not your managing agent's … you should be doing this for yourself” is just too severe and judgmental and unhelpful, please read on:
When I purchased my first and only coop, I was never informed of the Abatement by NYS, NYC, at the closing or by the Management or my lawyer. Four years later in a brief talk with a neighbor I learned about the abatement.
It was the Management Company who gave me the paperwork (the Mgmt Company is owned by the Sponsor, who is also the Board’s Vice-President and whose employee is the Board Secretary) the aforementioned have been controlling an entrenched board and running this coop for 15+ years, so with those facts now known, the Management, Sponsor, Vice-President and Secretary MUST know about the abatement paperwork.
4) Since I did receive the paperwork from the Management, would you agree they are at fault? They did say in an email “there is nothing they can do about it now”.
5) If, yes, Management is responsible, how do I proceed, do I go to small claims court or do I try to make a claim on their ‘error and omissions’ policy and how would I do that?
6) Would I be entitled to interest on the abatement should I proceed with small claims court?
Thank you for your assistance.
According to the article on the below link, it seems like it is the responsibility of the manager and board to notify and keep shareholders appraised of Star benefits and Co-op abatement but basically your responsibility as well.
I had a similar situation and contacted the D.O.F. via email. once I had all documentation and my concerns were still not being addressed by management, I contacted my councilman. I was given a direct telephone number to D.O.F. who stepped in and helped resolve the issue.
sounds like it is your word against theirs.
You should have a consultation with an attorney on what is your best action on this matter.
https://cooperator.com/article/star-on-the-rise/full
I don't see how you can collect from DOF for past 2 years when they never received the proper documentation from your management company or you never attempted to contact them, however there might be others in your community who have the same situation. you might be able to help them as well as yourself and also point out your management company and board were derelict in their responsibilities to act in the best interest of the co-op and its shareholders.
Regarding the comment: "...proper documentation from your management company or you never attempted to contact them"
What must be heard is: "First Time Coop Owner" when you are a First Time Coop Owner a person cannot inquire about Abatements when they do not know such exists in the first place. In my coop there is no 'community' solidarity, which is another problem. It is the Managing Agent who receives the abatement in a lump sum, right? It is the Managing Agent who is aware of New Owners, seems to be the Managing Agent should be responsible for reimbursing New Owners either from their "error and omissions" insurance or out of their management fee.
why not respond to the question without being judgemental towards other's comments...
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Ask management for the form, this time take a copy for your records. Also fill out the NYC abatement form on line. They have 4 different types. I believe it's called the "Star Program" You have to fill this form out every 2 yrs. also keep a copy on file. Good Luck
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