Trying To Keep 421a Tax Abatement on NYC Property

Trying To Keep 421a Tax Abatement on NYC Property

Investor · Brooklyn, NY · Member since 2015 · 43 posts · 11 votes

I purchased a 3 family investment property in Brooklyn NY back in 2008. I was under the impression that there was a 10 year 421a tax abatement on the property. Turns out it's actually 25 year abatement. Super Lucky - Yes!  Major grin - Yup!

However, I was advise that the abatement would come to an end this coming January. After months of repeated calls, messages, and emails, I was finally able to get someone helpful to assist me with information and forms including a FCE (Final Certificate of Eligibility).

Part of the requirements (see STEP 3 in the below image) is that each residential unit must be registered as rent stabilized with the NYS Division of Housing and Community Renewal (DHCR). I don't understand why units are required to be rent stabilized for the continuation of an existing 25 year abatement. The current rents are lower than the market rates for the area (Bed Stuy).

If I register the units as rent stabilized, will I have to adjust the current rents for the tenants?

How will this affect the yearly increases I can charge? What about future tenants?

According to nyc.gov site the property taxes without abatement would be about $7750/year. Is it better to give up the abatement  and pay current tax rates to be able to charge market or close-to-market rents?

Any input from someone familiar with NYC 421a abatement that can offer some insight would be greatly appreciated. Thanks.

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  • Real Estate Agent · Jersey City, NJ · Member since 2014 · 55 posts · 21 votes
    8y

    Why is the property rent stabilized at only 3 units?

    You probably need to speak to an attorney.

    Whether you should skip the abatement will be a matter of math.  Bed Stuy will continue to appreciate over time, so do you really want to be locked into the rent stabilization rules?

  • Real Estate Agent · New York City, NY · Member since 2013 · 34 posts · 8 votes
    8y

    Hey Daniel, did you get the answer to this question? 

    This is what I know from the years in the business. Yes - to take advantage of the tax abatement, the city requires that the units become rent stabilized units. I guess the city sees it as is you want to get lower taxes, you have to offer discounts to prospective tenants. I see this a lot with new construction. You will be locked into a rent-stabilized situation, so be aware that the tenants may stay there for a VERY long time. On the flip side, you have to ask yourself, why do these large luxury rental buildings offer rent stabilized leases, they rather benefit from the lower carrying costs. On average a NYer lives in an apartment for 7 years, so that's probably food for thought.

    My recommendation is to forego the abatement, as rents are moving higher, faster than even in 25 years, the rents will out beat the tax increases.

    Good luck to you whichever way you decide!

  • Brooklyn, NY · Member since 2016 · 1 post · 0 votes
    6y

    Hey Daniel, could you update us on what you decided

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