Client has a C/O for a 2 Family house in NYC, but paying taxes in the category of a 3 family ?

Asked by Joseph Asaro, SEAFORD, NY Tue Oct 2, 2012

wants to correct the problem, either to bring up to code to a 3 family or change the category to a 2 family. what do you recommend?

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Michael’s answer
Michael, Other Pro, Deerfield Beach, FL
Sat Nov 24, 2012
HIRE A PROFESSIONAL ENGINEER PE WHO IS REGISTERED TO WORK IN THE NYC DEPT OF BUILDINGS HE WILL BE FAMILIAR WITH YOUR C OF O and after a survey of your property can then properly change the C of OC as needed - then go to nyc dept of finance to set tax records.
Michael Locher , PE ( nycdob registered) 516 404 2014
0 votes
Nick Vittorio, Agent, Massapequa Park, NY
Wed Oct 30, 2013
The Homeowner should File a Tax Grievance to contest his tax assessment.
0 votes
Janet Nation,…, Agent, Baldwin, NY
Thu Oct 4, 2012
Whatever is best for your client's housing needs,: risks tolerance, affordability, how do we know that, you have the relationship.
0 votes
Trevor Curran, Mortgage Broker Or Lender, Great Neck, NY
Wed Oct 3, 2012
Good morning Joseph,

Not a problem we often encounter in Nassau County; more often in New York City. First, there's a reason why the municipality changed the tax rate at some point. Probably there was evidence of more than 2 occupancies in the property and, even though the CofO states 2Fam, the tax clerk decided to tax as a 3.

My best recommendation is to get an Attorney involved to resolve this; preferably someone very familiar with the Town tax code. Your client can attempt this solo, but will probably have a better result with the Attorney.

Trevor Curran
NMLS #40140
Mobile: 516-582-9181
Office: 516-829-2900
Fax: 516-829-2944
PowerHouse Solutions, Inc.
185 Great Neck Rd, Suite 240
Great Neck NY 11021
Licensed Mortgage Banker – NYS Dept. of Financial Services
0 votes
Victoria Pop…, Agent, Bayside, NY
Wed Oct 3, 2012
I think you should determine what your clients want to do. A 3 fam house has the potential for more income. But in the case the clients live there and rather keep the property as a 2 fam, that may be the better choice for them.
0 votes
De Vonte Wil…, Agent, East Point, GA
Wed Oct 3, 2012
Hey Joseph. This is not an unusual problem. This is what the courts are for. The only suggestion I can make is that your client work with the city to get the problem resolved. For example, take pictures of the 2 family property and gather any other documents that you can to prove that it is a two family residence. Take pictures of the two different meters, etc. If this does not work, advise your client to consult an attorney and maybe your client will be able to bring forth a tax certiorari proceeding.

I hope this answered your question! If you have any further questions, please feel free to contact me by the ways below.

Wishing you the best of luck,

De Vonte Williamson
Licensed Real Estate Salesperson
Proudly Serving Long Island
Coldwell Banker Residential
Mobile: (631)384-3695
"I Stand Behind Getting You Results!
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