Hi, we give this application out at each closing so that new purchasers can get on it right as they close. Link to download here: https://www.dropbox.com/s/7xb2c7mq6790z18/Abatement%20Application%202015.pdf?dl=0.

If that link expires, email me at mblevine@ebmg.com and I will send you the PDF form.

Thanks for the link, I do have the 2016-2017 version of the form already, which is what you posted, and I will file it on time. But my concern if for the 2014-2015 and 2015-2016 benefits. Any idea if she get the benefit retroactively or is she out of luck? It will be a loss of 2 months maintenance, almost $2000.

The management company did report the change in ownership back in 2013. Thanks again for the responses.

On other factor to consider. Regardless of the reason for an assessment, be it construction, repairs, abatement recoupment, etc, every assessment must be the same amount per share for every outstanding share. There cannot be different "classes" of shares, which in this case would be those held by shareholders who received the abatement and those held by shareholders who didn't. It may not be fair in the case of your mother, but there is nothing the board or managing agent can do.

If the mgmt. co reported the change in ownership and your Mom returned the form, it sounds like she should have received the abatement. She should contact the NYC Dept of Finance and provide a copy of the residency verification form submitted if available. Also, have the mgmt. co check the benefits reports for those years to see if the unit was flagged with a "P", that is, this unit is being 'phased out'. Lastly, did your Mom own other property before she moved it?

Thanks for your response. please see my update above. Any insights?

Yes, she sold a condo in Florida around the same time. If it was being phased out, and something went wrong with the primary residence verification, she still would've gotten something right?

Thanks.

How sure are you that the management company reported the change in ownership *and* primary residence status (they're *both* on this form - http://www1.nyc.gov/assets/finance/downloads/pdf/coop_condo_abatement/coop_benefit_change_form.xlsx) ? You earlier mentioned that they "say they did" (which is no doubt the case), but is there any actual evidence?

I'd have thought that if they actually did, then either you'd have the abatement, or as is mentioned in the timely NYT article you linked to, you'd have received some correspondence about it ("the city began flagging residents with questionable status and sending them letters asking them to prove residency."). In the absence of either of those things happening, I think it's worth digging into this more and establishing whether management neglected to inform the City (on time), or whether the city really was informed, but ignored it.

In my case, I've got a pretty good idea which of these two things happened, and I could talk specifics (it would be particularly interested to know if, by any chance, the same management company is involved) by email (kovanroad@gmail.com), and hopefully if it turns out the same thing happened in your case we can work out how best to handle it.

NYC and NYS offer several different tax credits and abatements for COOP's. My understanding is that the COOP's management company is responsible for reporting changes in ownership of the COOP units each Dec/Jan. The STAR, Senior, Veterans exemptions need to be filed for by the new unit owner directly with the City. The link provided by another responder is valid, and forms are also available on the NYC.GOV website. My COOP, as a courtesy, advises all buyers in their purchase approval letter that it is their responsibility to file for these exemptions/credits and we usually post a reminder notice on the bulletin boards prior to the March filing deadline.

Hi there,

Thanks for sharing this experience. I'm in a very similar situation to your mother - I closed on a coop in 2014, filled out everything given to me at closing. The previous resident was a tenant, and not an owner. Early in 2015, management mailed me with a primary residence affidavit to fill out and have notarized, which I promptly returned to them.

I was assessed in May because they didn't get the abatement from DOF for my apartment. It's not at all clear to me whether they submitted everything to DOF and there's a problem at DOF (in which case I'd expect management to do whatever they need to make that happen, rather than seemingly waiting indefinitely to resolve itself), or whether they lost my forms internally and didn't submit to DOF (which would explain the lack of abatement), and they haven't been able to confirm this either way.

I've been politely reminding management for the last six months to resolve this (i.e., refund my assessment), they say they're waiting on DOF. At this point, I'm interested in any pragmatic advise for progressing this - it seems worth stepping things up before the end of the year? Alternatively, I could leave it until the annual meeting?

For the original poster, do let me know if you're interested in researching and sharing strategies on this, possibly consulting an attorney, etc. I'm keen to resolve this rather than let it go, both because I don't see why I should be out of pocket for someone else's oversight (be it at management, or DOF), and also because I see this as possibly indicative of more general management inattention that isn't in my interests to leave unaddressed.

From what I now know, there are several things that need to happen:

1 - tenant has to file a TAX BENEFITS APPLICATION FOR HOMEOWNERS. I believe this has to be done only once, by March of the first year for which you are eligible. I, as a resident of the same co-op, definitely do NOT file it every year, though each year a new version of the form comes out. I must’ve filed it way back when but I do not remember. I do not think my mom ever received, nor filed, this form.

2 - Tenant has to file a Coop/condo Tax Abatement Primary Residence Verification form, which arrived in the mail. My mom filed this.

3 - Managing agent has to report the change in ownership, which they say they did.

The questions:
1 - If step # 1 was never done, do step2 #2 and #3 have no effect at all?

2 - if the managing agent did not provide the Tax Benefits application at closing, is my mom out of luck? Do they have to provide it, or is it a courtesy?

3 - Can the benefit be obtained retroactively?

PhilC - sure, would like to strategize. But if you filed the form in step1, you are probably going to be OK. My managing agent has also told me, and a 311 case I opened yielded the same response, that the DOF made mistakes in their report and rejected people they should not have. They originally said they’d send an update in September, then October, etc, and now they’re saying January. My plan is to file the 2016-2017 version of the Tax Benefits Application before March, just in case, and then see if the corrected report from DOF solves the problem. I recommend you do the same unless you’re sure you filed last year’s version of the form.

PS - if you want to talk to DOF, file a 311 report. they have an email but rarely answer it and when they do all you get are generic responses.

Hi,

I think I received and returned #2, with a slightly different wording on the file (could be management / building specific).

It's not really clear to me whether #1 and #3 *both* have to happen - after all, this form http://www1.nyc.gov/assets/finance/downloads/pdf/coop_condo_abatement/coop_benefit_change_form.xlsx seems to be for the management to update DOF with the details. I seem to recall reading wording on nyc.gov in the past saying to tell the management company, and not DOF directly, although I can't find that any more. One would think that if both are required and only one happened, then DOF and/or mgmt would pick up on the discrepancy and resolve it one way or the other.

In my correspondence with management, they do mainly acknowledge that they handle this, and submitted a few change forms, although it's by no means clear that things were submitted on time.

There's currently a cryptic note at http://www1.nyc.gov/site/finance/benefits/landlords-coop-condo.page with a link to a PDF of "Cooperative Property Tax Abatement Change Forms
Pending Processing as of October 19, 2015", but I don't know of any way of decoding the numbers listed.

Perhaps email me kovanroad@gmail.com and we could look at specifics more.

http://www.nytimes.com/2015/11/29/realestate/plumbing-tax-and-smoke-detector-questions-answered.html

This article quotes Stuart M. Saft, a Manhattan real estate lawyer, as saying that "the city’s Office of the Taxpayer Advocate for help. The advocate might also be able to help you recoup your lost abatement"

i never received tax abatement questionnaire by the management by mail or at closing when i bought my coop in 2017 and i didn't get my tax abatement in august this year - 2019 i got tax assessment i my bill and its costing me over $700
Does anyone know how to solve this?

i had a similar situation. moved into apartment in august (purchased). next january i received abatements and abatements were assessed. no issue. january after that, i DID NOT receive abatements and abatements were assessed. cost me lots of money.

management company claimed they give forms at closing. they did not. no recourse available.

our board now mentioned possibility of abatements at board interviews.

also once a year we go thru those who don't get abatements and have management company send thru all forms (or a link to all forms). from there it's the shareholder responsibility - but at least they have all the info.