TAX COMMISSION OF THE CITY OF NEW YORK 1 Centre Street, Room 2400, New York, NY 10007 TC109INS 2024/25 2024/25 INSTRUCTIONS FOR FORM TC109 APPLICATION FOR CORRECTION OF ASSESSED VALUE OF TAX CLASS TWO OR FOUR CONDOMINIUM PROPERTY Read TC600 How to Appeal a Tentative Assessment 2024. The deadline is set by law and cannot be waived before you begin to complete this form. If you are or extended for any reason. representing yourself and are filing for a single unit (or Filing by mail. Mail the completed Form TC109 to the two or more units that have been physically combined), Tax Commission, 1 Centre Street, Room 2400, New York, read TC109INS Supplemental before completing this NY 10007. DO NOT MAIL THE TC109 TO ANY OTHER form. ADDRESS. Applications received after the March 2 Who should use this form? Condominium owners, or a deadline will not be accepted even if they were mailed condominium board of managers acting as the agent of before that date. Include a self-addressed, stamped the condominium owners, should use this form to claim a Tax Commission receipt Form TC10. reduction of the 2024/25 tentative assessed value of Filing in Person: Bring the completed Form TC109 to the condominium property in tax class two or four (including Tax Commission’s Manhattan office at 1 Centre St. or to a two-unit condominiums and condominiums owned by Finance Department Business Center in any borough by cooperative apartment corporations). A single form may the deadline. Get a date-stamped receipt (Form TC10). include one unit, multiple units or all units of a condominium, provided all units are on one tax map block. A date-stamped Form TC10 is the only acceptable proof of timely filing. Proof of mailing, or a return What authorizes a condominium board of managers to receipt from the post office or an express delivery be an agent? The authority of the condominium board of company, is not acceptable proof of timely filing with managers to file Form TC109 as the agent of a unit owner the Tax Commission. may be contained in (a) the condominium’s by-laws, (b) a power-of-attorney, or (c) an individual authorization valid File an original. Keep a photocopy for your records and to under applicable law. The Tax Commission will review use at your hearing. See TC600 for information about only one Form TC109 for any given unit. If the unit owner filing additional copies. and the board each files separately for the same unit, they each will be notified that one of the applications must be Applications require an original signature and, withdrawn. therefore, may not be filed by fax or e-mail. Additional forms may be required to be submitted with Do not use this form to claim (a) an exemption or a the application in particular cases. These are the change in tax class (use Form TC106), or (b) for a tax additional forms most commonly required: class one condo property (use Form TC108). TC200 Addendum to Application. Form TC200 is required: FEE FOR CERTAIN PROPERTIES. • If the Applicant is not i) the owner of the entire property, and A $175 fee is required for all applications where the not ii) a tenant of the entire property who pays all taxes and assessed value on the notice of property value for expenses of the property and who has the right to protest the 2024/25 is $2 million or more. If multiple condominium assessment; units file on a single application, the fee will apply if • the aggregate assessed value is $2 million or If the Form TC109 is to be signed by a fiduciary; more. No fee is due if the Applicant or representative • If the Applicant answers “YES” to either question in part 8 of waives review of the application before it is scheduled Form TC109 regarding sale, demolition or construction at the for review. If the fee is unpaid, review of your property. If a sale or contract of sale is between unrelated application may be denied and any offer of correction parties, file Form TC230 instead of Form TC200. revoked. The fee will be included on the Real Property Tax bill. DO NOT PAY THE FEE WITH THIS NOTE: TC200 is no longer required to be filed for applicants APPLICATION. making valuation claims for one or more individual residential or commercial units without regard to the value When and where to file. The Tax Commission must of the entire condominium. Complete Part 7 of TC109 receive your application by 5:00 P.M. on March 01, |
instead. unit (or two or more units that have been physically combined), you only need to complete Parts 1 through 8. TC201. Income schedule – rent-producing properties. When completing Part 6, complete only lines a through d Applicants filing for only one or two rented residentialunits for “units covered by application” and use the amounts may instead list the gross rental income or submit copies from the worksheet on Form TC109INS Supplemental. of the leases. Part 1: Identify the property. List all lots on one tax map TC203. Income schedule – cooperative or condominium. block covered by the application in the boxes and on the But if the condominium began operation after July 1, lines provided. Use a separate form for lots on a different 2023, or if it is exclusively residential with six or fewer tax map block. Unless (a) only a single lot is covered, or units, Form TC203 is not required. Applicants for (b) all lots are covered, list the covered lots on the range condominium units owned by a cooperative apartment lines provided. A range is a sequence of consecutively corporation must also file Form TC203. numbered lots, with no omissions other than those that TC208. Income schedule – hotel or motel. If the units are actually are omitted on the assessment roll itself. If one of partially rented Form TC201 also must be filed. the lots in a range is not included in the application, skip over it by ending the range at the preceding lot and start TC214. Income schedule – department stores, theaters another range at the next covered lot. If more space is and parking sites. If the units are partially rented Form needed, attach additional sheets that use a similar format. TC201 also must be filed. Part 5: Hearing request. You can ask to have an in- TC230. Sale statement – sale, transfer or sale contract. person hearing at the Tax Commission’s main office in TC244. All Applicants whose Form TC109 is signed by an Manhattan at 1 Centre Street, or you can ask to have the agent must also file an Agent’s Statement of Authority and application reviewed based only on the papers submitted Knowledge Form TC244. with Form TC109. Check the box to the left of your choice. Check only one box. TC309. Accountant’s certification Part 7: Condo Unit Description. Part 7 must be The table below summarizes filing requirements for completed when making a claim regarding one residential various types of claims relating to condo valuation. or commercial unit (or two units operated as a single unit), Applicant Claim Required Forms if the claim is independent of the valuation of the Condo Board All claims TC109, TC203 condominium as a whole. Coop-owned Part 8: Construction or major alteration. Construction condo unit (cond- All claims TC109, TC203 or major alteration includes any work that (a) increases the op) enclosed floor area or cubic content of a building, (b) Class 2 or 4 Claim renovates a substantially vacant building (c) converts the owner-occupied relating to TC109 use of one or more floors, such as from office to residential condo unit unit only use, (d) completes renovation, or tenant installations Class 2 or 4 Claim affecting at least 25% of a building’s area, (e) installs or owner-occupied relating to TC109 replaces HVAC, elevators, electric wiring or plumbing, (f) condo unit entire condo replaces at least one of the exterior faces of the building, Class 2, one or or (g) costs or is expected to cost an amount that equals Claim more income- TC109, TC201 or or exceeds the tentative total actual assessment under relating to producing condo copies of leases review. units only units Demolition. Demolition is any work involving the Class 2, one or Claim dismantling, razing or removal of all of a building or more income- TC109, TC201 or relating to structure, or the dismantling, razing or removal of producing condo copies of leases entire condo structural members, floors, interior bearing walls, and/or units exterior walls or portions thereof. Class 4, one or TC109, TC201, more income- All claims TC208 or TC214, producing condo as applicable units Class 1 condo All claims TC108 unit(s) Specific line-by-line instructions. If you are representing yourself and are filing for a single 2 |
TAX COMMISSION OF THE CITY OF NEW YORK 1 Centre Street, Room 2400, New York, NY 10007 TC109INS SUPPLEMENTAL 2024/25 APPLICATION ON FORM TC109 FOR 2024/25 SUPPLEMENTAL INSTRUCTIONS FOR CLASS 2 OR 4 CONDOMINIUM UNIT OWNERS REPRESENTING THEMSELVES FEE FOR CERTAIN PROPERTIES income the property generates or could reasonably A $175 fee is required for all applications where the generate on the open market. Therefore, we do not rely assessed value on the notice of property value for on sales prices for condominium units to establish their 2024/25 is $2 million or more. If multiple value for assessment purposes. condominium units file on a single application, the fee will apply if the aggregate assessed value is $2 To calculate the value for assessment purposes, an million or more. No fee is due if the applicant or estimate of the net income of the whole building is representative waives review of the application divided by the appropriate rate of return demanded by before it is scheduled for review. If any fee is the market, according to the formula of “Yearly income unpaid, review of your application may be denied minus operating expenses divided by Rate of Return = and any offer of correction revoked. The fee will be Value”. When the Tax Commission reviews your included on the Real Property Tax bill. DO NOT PAY application, we determine whether the entire building’s THE FEE WITH THIS APPLICATION. value is less than the value indicated by the total assessed value of the building. A review of your unit’s Understanding your assessment. The Finance assessed value may also consider specific factors Department is in the best position to explain your affecting your unit’s value, such as differences in size, assessment and to consider the circumstances both of location or amenities. your property and those of your neighbors for the following year. Information about assessments is Evidence of total rental income and expenses for available on the Finance Department website at comparable rental buildings is necessary to https://www1.nyc.gov/site/finance/taxes/property.page. establish value. You must submit proof of the market rental value of your unit as of January 5, 2024 using The criteria for granting a reduction in the income and expenses of comparable rental buildings. assessment. The law governing the assessment of Those rental buildings should be comparable to yours in condominiums requires that they be valued as if the age, number and mix of apartments, number of floors, whole building were operated as rental property. This is and location. not a simple task. It is preferable for the board of managers to apply to correct the assessment of the Unit specific claims. If you claim that the assessment entire condominium, but you may apply for your own unit of your unit is substantially out of line with most other by the filing deadline regardless of whether the board units in your building because of the percentage of has applied. If both you and the board apply, you and common interest assigned to your unit by the your board will receive a notice that one of the condominium declaration or the Finance Department applications must be withdrawn. Otherwise neither allocation of value, provide a copy of the relevant application will be reviewed. Check with your board portions of the condominium declaration, including any before the filing deadline. amendments, describing the property, including your unit. In addition to evidence of rental value of your You have the burden of showing that the assessed value building and/or unit, the declaration may support your of your unit is too high. You cannot prove that you are claim. However, the Tax Commission cannot direct the entitled to a reduction in the assessed value of your unit Finance Department to change its allocation formula. by showing that assessments of other units in your We only can review and adjust the assessment for the building are lower or that your neighbors’ units are year covered by your application. assessed at a lower percentage of the Finance Dept.’s estimated market value than yours is. We cannot Unit owners who rent their unit must provide change the Finance Dept.’s estimated market value; we documentary proof of rent income, such as the signed review only the assessed value. lease and a copy of a rent check. Owners who rent three or more units may file Form TC201 instead of providing Income method of valuation. To prove your claim, it is leases. important to understand the income method of valuation as it applies to your property. Under the law, Potential sources of information. The Tax condominium units in class two and four must be valued Commission cannot advise you as to where to get rental using the income method as if they were rental property. information or advice or representation. You may The income method of valuation is based on the rental choose to consult a local real estate broker, appraiser, - 1 - |
property tax advisor or attorney for information. You may Evaluate your claim. Look at your Notice of Property look at commercial real estate websites such as Value from the Finance Department and use the streeteasy.com, trulia.com or zillow.com for comparable worksheet below to see if you should file an application rents. There are also commercial services that obtain with the Tax Commission. income and expense data from the Finance Department. WORKSHEET FOR CONDOMINIUM UNIT VALUATION FOR ASSESSMENT PURPOSES Look at your Notice of Value from the Finance Department. Find the “tentative assessment” and “estimated market value” and write them on Lines 1 and 2 below. 1. Tentative 2024/25 Assessment: ____________________ 2. Estimated market value: _____________________ You must prove that your unit’s value for assessment purposes is less than line 2 to get a reduction in the assessment. Complete Lines 3 through 8 to calculate the approximate value of your unit for assessment purposes. 3. The amount of rent you earn or would earn from a tenant on the open market each month: ____________________ 4. Monthly common charges (do not include interest, depreciation or real estate taxes): ____________________ 5. Net monthly income (Line 3 minus Line 4): ____________________ 6. Net annual income - Multiply Line 5 by 12 (months in a year): ____________________ 7. Divide Line 6 by .14297* = the approximate market value of your unit for assessment purposes ____________________ 8. Compare the amount on Line 2 with the amount on Line 7 If Line 7 is more than Line 2, an application would not be productive. If Line 7 is less than Line 2 go to the next step. 9. Multiply Line 7 by 45% (.45)**: ____________________ The amount on line 9 is what you claim the assessed value of your property should be. Enter this amount on line c of part 6 of TC109 under “units covered by application”. * This amount reflects a reasonable rate of return plus a factor for real estate taxes on class 2 properties. ** The assessment ratio for class 2 and 4 properties is 45%, meaning that the assessed value is 45% of Finance’s estimated market value. - 2 - |
TAX COMMISSION OF THE CITY OF NEW YORK High Value 1 Centre Street, Room 2400, New York, NY 10007 Copy TC109 APPLICATION FOR CORRECTION OF ASSESSED VALUE 2024/25 OF TAX CLASS TWO OR FOUR CONDOMINIUM PROPERTY READ TC600 AND THE SEPARATE INSTRUCTIONS (TC109INS) BEFORE YOU BEGIN. COMPLETE ALL PARTS OF THE FORM. Answer ALL questions marked . IF FILED AFTER MARCH 1, APPLICANT CLAIMS ELIGIBILITY FOR REVIEW BECAUSE FILING IS WITHIN 20 CALENDAR DAYS OF: APPORTIONMENT NOTICE. NOTICE OF INCREASE BY THE DEPARTMENT OF FINANCE. YOU MUST ATTACH A COPY OF THE NOTICE. 1. PROPERTY IDENTIFICATION - Describe covered lots accurately. Lots cannot be added later. 2024/25 YEAR 9 BOROUGH (Bronx, Brooklyn, Manhattan, Queens or Staten Island) BLOCK LOW LOT COVERED HIGH LOT COVERED ASSESSMENT YEAR 2024/25 FULL ADDRESS OF PROPERTY (WITH ZIP CODE) NAME OF CONDOMINIUM CONDOMINIUM NO. This application covers: 1. A single lot only. 2. The entire condominium. 3. All of the lots within a single range of lots. _____________ BOROUGH 4. All of the lots within two or more ranges of lots; list ranges in numerical order across the page. 5. Additionalranges listed on pages ____ From lot To lot From lot To lot From lot To lot From lot To lot 1____________-__________ 2_____________-__________ 3____________-__________ 4____________-__________ 5____________-__________ 6_____________-__________ 7____________-__________ 8____________-__________ 9____________-__________ 10_____________-__________ 11____________-__________ 12____________-__________ 2. APPLICANT - Complete Section A for application filed by board of managers or Section B for all other applicants. An agent cannot be the applicant in Section B. _________ BLOCK A. Board of managers designated as agent for owners of covered lots for purposes of contesting the assessment. Type of designation: A by-law Individual authorizations. If designated by individual authorizations, does the board hold a valid, signed authorization for each owner of covered lots? _______ (Y/N) Have any unit owners requested that the board not file for their units? ________(Y/N). If yes, how many? _______ _______ LOT B. Name of Applicant: ___________________________________________________________________________________________________ Relation to Units: Check only one: Owner of one or more units. Cooperative apartment corp. (file TC203). Other:_____________________ Describe location of unit(s) in building (floor(s)) ___________________________________ List any owner occupied units: ________________________________________ Describe use(s) of units (e.g. residential, office, retail): ________________________________________________________________________ Approximate floor area of commercial space__________________ sq.ft., of which ground fl. __________sq.ft, basement ____________sq.ft. If any of the units are rented or offered for rent, file TC201, 203, 208 or 214 as appropriate, or, if filing only for one or two residential units, list _________ GROUP # gross rent received in 2023 $_____________ and attach copies of leases or other documentation. See TC109INS Supplemental. FOR SECTION B APPLICANTS: IF YOU ARE MAKING A CLAIM SPECIFIC TO ONE OR TWO RESIDENTIAL UNITS AND UNRELATED TO THE VALUE OF THE CONDO AS A WHOLE, YOU MUST COMPLETE PART 7. SEE INSTRUCTIONS. C. If filed after March 1, applicant claims eligibility for review because filing is within 20 calendar days of: Apportionment notice. Notice of increase by the Department of Finance. You must attach a copy of the notice. TC109 3. REPRESENTATION - Complete this section even if you will represent yourself. PHONE NO. (___________) ______________-----______________ FAX NO. (____________) ______________-----_______________ NAME OF INDIVIDUAL OR FIRM TO BE CONTACTED GROUP #, IF ANY MAILING ADDRESS EMAIL ADDRESS The person listed is: Applicant Attorney Employee or officer of owner entity named in 2B Otherrepresentative 4. ATTACHMENTS - List all schedules and documents attached. Number the pages. If the applicant is the board of managers of the condominium or a cooperative apartment corporation, submit Form TC203. See instructions for Form TC109 as to necessary income schedules and attachments. 5. HEARING REQUEST - Check only one box. Review on papers submitted without a personal hearing Video conference using Microsoft Teams Personal hearing in Manhattan Telephone hearing. DATE RECEIVED Signer’s initials _______ You must initial this page if you do not use a two-sided application form. |
6. CLAIMS OF UNEQUAL OR EXCESSIVE ASSESSMENT Applicant objects to the assessment on the grounds that it is (a) unequal or (b) excessive because the assessment exceeds the full value of the property or statutory limits on increases, as follows: Condominium as a whole Units covered by application a. Tentative actual assessment a. $____________________ a. $____________________ b. Applicant's estimate of market value b. $____________________ b. $____________________ c. Requested assessment = line b x 45% assessment ratio c. $____________________ c. $____________________ d. Number of tax lots d. ____________________ d. ____________________ The applicant reserves the right to allege an assessment ratio lower than 45% and seek a lower assessment in a proceeding for judicial review. Do not use this form to claim unlawful assessment, misclassification, or full or partial exemption; use Form TC106 with TC200. 7. RESIDENTIAL CONDO UNIT DESCRIPTION as of January 5, 2024. Complete this Part AND Part 8 if you are making a claim specific to one or two residential unit(s) apart from the value of the whole condo. Attach or submit at the hearing evidence of the value of the unit(s)using the income method of valuation explained in TC600 and TC109INS Supp. It is not necessary to complete Part 9 if you are making a claim specific to one or two residential units. PERCENT OF COMMON INTEREST YEAR AND NATURE OF LAST PHYSICAL CHANGE OR MAJOR ALTERATION RESIDENTIAL SQUARE FOOTAGE PATIO/TERRACE/BALCONY/ OTHER SPECIAL FEATURES NUMBER OF BEDROOMS IF APPLICABLE NO. OF PARKING SPACES ASSIGNED TO YOUR UNIT Indoor: _______ Outdoor: ________ 8. PROPERTY DESCRIPTION - Describe the units covered by this application only. NUMBER OF BUILDINGS NUMBER OF STORIES ABOVE GRADE YEAR OF CONSTRUCTION USES (residential, office, retail, hotel, loft, factory, warehouse, storage, garage, theater, etc.): Lot Numbers . FLOORS 3 ___ - _________________________________________________________________________________________ _________________________________________ SECOND FLOOR _________________________________________________________________________________________ _________________________________________ FIRST FLOOR BASEMENTS _________________________________________________________________________________________ _________________________________________ OUTDOOR SPACE (e.g. cell tower/telecom equipment, signage, generators) ____________________________________ _________________________________________ After January 5, 2022, has there been any construction, demolition or major alteration work or have plans for demolition been filed with the Buildings Dept.? Yes No. If YES , submit Form TC200. 9. APPROXIMATE GROSS FLOOR AREA AS OF JANUARY 5, 2024. Describe the entire condominium. Floor All uses (above grade) Retail Garage Offices FLOOR 3 - _____ sq.ft. sq.ft. sq.ft. sq.ft. SECOND FLOOR sq.ft. sq.ft. sq.ft. sq.ft. FIRST FLOOR sq.ft. sq.ft. sq.ft. sq.ft. BASEMENTS sq.ft. sq.ft. sq.ft. TOTAL AREA sq.ft. sq.ft. sq.ft. sq.ft. Is any part of the condominium used for vehicle parking? (Y/N) _____ If yes, number of: indoor spaces ________; outdoor spaces ________. Is any part of the condominium used for other nonresidential purposes? (Y/N) ______ If yes, number of retail units ______ number of office units _______. SIGNATURE AND OATH This application must be signed by an individual having personal knowledge of the facts who is the Applicant, a fiduciary, an agent, or an officer of a corporation, a general partner of a partnership or a member or manager of a limited liability company (LLC), which legal entity either is the Applicant or a general partner or member or manager of the Applicant. See instructions. NOTE: Forms TC200, TC244 and/or a Power of Attorney may be required. If required and not attached to this application, it will be dismissed. Signer is (check one of boxes i-vii below): If box (v) or (vi) is checked, Mark application “Special Counsel Review” on the top of page 1. i . The Applicant named in Part 2. (check this box only if the Applicant is an individual) ii. Officer of corporate Applicant, or Board of Managers, named in Part 2. Signer’s Title __________________________________________ iii. General partner of partnership Applicant named in Part 2. iv. Member or manager of, or individual officer of, LLC Applicant named in Part 2. Signer’s Title ________________________________ v. An attorney, employee, property manager or other agent for Applicant named in Part 2 TC244 and a notarized power of attorney must be attached. vi. Fiduciary. Specify fiduciary’s relationship to Applicant __________________________ Form TC200 may be required. See TC200INS (instructions). If signing as fiduciary for a corporation, partnership or LLC, enter name of entity: _______________________________________________ vii. An officer, general partner, or member or manager of an entity that is the general partner, member or manager of the Applicant. Enter name of entity, relationship to Applicant and signer’s title: Name of entity ___________________________________________________________ Relationship to Applicant _________________________________________________ Signer’s Title __________________________________________ OATH I have read this entire application before signing below, including all relevant instructions, whether on this form or on another. I am personally responsible for the accuracy of the information provided on this application and on any attachments, and I certify that all such information is true and correct to the best of my knowledge and belief. I also understand that such information is subject to verification, is being relied upon by the City of New York and that the making of any willfully false statement of material fact on this application or any attachments will subject me to the provisions of the penal law relevant to the making and filing of false statements. PRINT CLEARLY NAME OF PERSON SIGNING _______________________________________________________ Signed: ___________________________________________________________Date _____________________ The signer must appear and acknowledge the signature before a notary. Sworn to before me (signature of notary): _________________________________________________________ NOTARY STAMP County __________________________ State ___________________________ Date _________________ Page 2 TC109 |