The Decision · Keep vs. Rent vs. Sell

The Kitchen-Table Decision

Every second home over the line now runs the same three-way comparison. Here it is with real rates, real costs, and the parts nobody soft-pedals.

A second home used to be a lifestyle question. As of July 1, 2026 it's an annual invoice, and every owner over the threshold now runs the same three-way comparison — usually at the kitchen table, often with family, sometimes with an estate attorney on speaker. Here is that comparison done honestly, including the parts a brokerage might be tempted to soft-pedal.

Door one: keep it and write the check

A $1.4M-DOF condo: $56,000/yr. A $3.5M: $183,750. A $6M: $390,000. Flat rates on the full value, on top of your existing taxes, every year the home stays non-primary. Two reasons this door isn't always irrational: Phase 2 (from July 1, 2028) re-bases condos and co-ops on comparable-sales values with a $5M threshold at 0.8%–1.3% — a large share of today's payers, especially co-ops with high fractional-share values, likely drop out entirely; and the statute sunsets June 30, 2031 unless renewed. An owner who deeply values access, expects to fall under the Phase-2 line, and can absorb two years of Phase-1 bills is making a defensible choice — if it's made with the real numbers, not denial.

Door two: lease it for a year

A bona fide 12-month arm's-length lease to a tenant who makes it home takes the surcharge to zero and replaces it with rent. The gross-to-net honesty: subtract a broker fee (typically 12–15% of the first year's rent), management if you're not local (8–12%), reserves and vacancy risk. Even after all of it, on most over-threshold homes the swing versus door one is enormous — avoiding the surcharge and collecting net rent routinely moves $150,000+ a year on a $2M-class condo. The two costs the spreadsheet won't show: your keys (zero personal use, no exceptions, for the full term — a lease you quietly use isn't arm's-length, and DOF's penalty for false paperwork is 50% of the surcharge) and your calendar (finding a real tenant takes weeks; co-op boards add more; the exemption starts with the tenancy, not the intention).

Door three: sell into a market that knows about the tax

Selling ends the exposure and harvests today's price — and today's price increasingly reflects the tax. Buyers shopping the second-home segment now underwrite the surcharge as a carrying cost, and the pressure concentrates in the $1M–$5M DOF band that pays heavily in Phase 1: more of those owners are choosing to exit at once, while the tax hands their buyers a bargaining line. Selling can still clearly win — for owners who won't landlord, whose use of the home no longer justifies any carrying cost, or where the estate simply needs liquidity. But sell as a decision, not a reflex: the same unit that owes $88,000 this year may owe nothing from mid-2028.

The worked comparison

$1.4M DOF condo$3.5M DOF condo
Door 1 — annual surcharge if kept non-primary$56,000/yr cost$183,750/yr cost
Door 2 — illustrative gross rent$90,000 income$180,000 income
… less broker (~13% yr 1), mgmt (~10%), reserves$26,000 in costs$50,000 in costs
Door 2 swing vs. Door 1 (surcharge avoided + net rent)≈ $120,000/yr in your favor≈ $314,000/yr in your favor

Illustrative — your DOF value sets the surcharge, the rental market sets the rent, and the free review replaces every line with your unit's actual figures.

Deciding under this month's deadlines

Questions owners ask

Should I sell or rent my NYC second home now that the surcharge exists?

Compare three numbers: the annual surcharge if you keep it non-primary (flat 4%–6.5% of DOF market value for condos over $1M), the net income of a 12-month arm's-length lease (which also zeroes the surcharge — a combined swing of roughly $120,000/yr on a $1.4M-DOF condo), and the net proceeds of selling into a market that now prices the tax in. Leasing usually wins the arithmetic but costs all personal use; selling fits owners who won't landlord or need liquidity; keeping can be rational for those likely to drop out at Phase 2's $5M threshold in 2028.

Will the NYC second home tax go away?

Two scheduled changes: Phase 2 (July 1, 2028) re-bases condos and co-ops on comparable-sales values with a $5M threshold at 0.8%–1.3%, which removes many current payers; and the statute sunsets June 30, 2031 unless extended. Neither helps with the bills in between — Phase 1 runs at 4%–6.5% through June 2028.

Does renting a NYC second home part of the year avoid the surcharge?

No. Only a bona fide arm's-length lease of at least 12 months to a natural person using the home as their primary residence qualifies. Seasonal and short-term rentals leave the unit taxable, and a lease the owner quietly keeps using is not arm's-length — false documentation is penalized at 50% of the surcharge.

Three doors, your numbers, one page.

A senior Conquest agent prices all three for your unit — official DOF value and surcharge, realistic 12-month rent net of costs, and a candid sale valuation. Free, no obligation, no listing pitch unless you ask.

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Disclaimer. Educational information from Conquest, a licensed New York real estate brokerage — not legal, tax, or accounting advice. Deadlines and figures reflect DOF's published rules and roll as of the date above. Residency has consequences beyond this surcharge — talk to your CPA before changing where you "live."

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