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Ben Hallman

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New York Property Taxes Unfair to Renters, New Evidence Shows

Posted: 05/08/2012 4:57 pm

New Yorkers don't agree on much, but the 68 percent of us who rent our homes or apartments can usually find common cause on at least one issue: The rent we pay each month, as one perennial political candidate often says, is too damn high.

A new study by the Furman Center for Real Estate and Urban Policy at New York University should further stoke our angst. The high rent we've been paying -- the rent that we gripe about at children's birthday parties and anniversary dinners, write Broadway musicals about and lose sleep over when our bank accounts run low -- is probably inflated even more it should be due to city tax policy that strongly favors homeowners over renters.

The problem, according to the Furman Center, is "radically different tax treatment of equally valuable properties" under New York's byzantine tax code. Large apartment buildings (including any property with more than three units), where most renters live, are taxed at more than four times the effective rate of smaller one- to three-family homes, where many homeowners live, according to the Center. In addition, many condo and co-op owners who live in larger buildings benefit from abatements and other subsidies that helps lower their taxes.

"[The tax code] effectively requires renters to subsidize owners, even though the demographic and socioeconomic characteristics of the two groups suggest that renters already are having a harder time meeting their housing costs," the Furman Center says.

The disparity is so stark that high-rises in New York are taxed at nearly the highest effective rate of all large metropolitan areas -- just after Detroit -- and the owners of smaller one- to three-family homes are taxed near the bottom.

Were the tax burden spread more equitably, taxes on rental units in the city would drop by between $1,200 and $1,500 annually on average, according to an earlier study cited by the Furman Center. With the current tax code, some part of those higher tax bills are likely passed along to renters in the form of increased rents or in cutbacks to repairs and service.

New York isn't the only place where renters are at a disadvantage come tax time. The federal tax code permits homeowners to deduct a mortgage interest, an entitlement that drives down the cost of homeownership by hundreds or thousands of dollars each year for millions of borrowers. Those of us who rent, of course, can claim no extra deduction.

Still, while we complain about rent, most New Yorkers accept it with the same kind of fatalism we attach to other indignities of city life: crowded subways, cab drivers with anger management issues, and funky smells emanating from both in the summer. After all, more than eight million people have piled onto one little island and four surrounding boroughs, and space is at a premium. We accept, though we don't like, that this is an experiment in economic Darwinism.

But what the study shows is that some city residents, those that own their own homes, and tend to be wealthier than the rest, simply aren't paying their fair share.

Smaller buildings make up half of the city's property value -- yet owners of these properties pay just 15 percent of all real estate taxes collected by the city. Another class of properties, which include large rental buildings, make up 24 percent of the city housing stock by market value, but their owners pay 36 percent of the real estate taxes. (Commercial properties are also taxed at a much higher effective rate than smaller buildings).

My first apartment in the city was a small fourth floor walk-up in the Brooklyn neighborhood of Clinton Hill. I could stand with my left foot in my bathroom, and my right foot in my living room, while straddling my kitchen. The rent was $625 a month, which for an English major with no discernible job skills working an entry level job in book publishing, was really more than I could afford. I once took out a cash advance on my credit card to fund a gambling trip to Atlantic City with the hope of making enough to pay the next month's rent.

The plan failed. Somehow, I stayed one step ahead of Darwin and wasn't evicted.

Now I'm one of the lucky ones, according to the study. My family rents the top floor of a two-family brownstone building in Park Slope, a neighborhood in Brooklyn with leafy streets and restored brownstones -- and lots of homeowners -- where the effective tax rate averages .9 percent.

According to the study, 1,636,023 rental units in New York fall into the higher-tax class, like my old building. These renters are poorer, and more likely to be a minority, than those who inhabit the 393,673 units in the lower-tax buildings, the study says. The effective property tax rate in Washington Heights and Inwood, for example, two minority-dominated neighborhoods in northern Manhattan where the housing stock is mostly large buildings, averages 4.3 percent.

So how much am I saving because my landlords pay a low effective tax rate? And how much extra in rent each month was I paying in my old building?

Andrew Hayashi, one of the co-authors of the study, told me that with the data collected thus far, it is simply impossible to say how much of a disadvantage renters face under the tax code. But he said the situation endures, in part, due to the failure of renters to understand how much of the property tax they pay "because the portion of their rent that goes to taxes is largely invisible to them."

Hayashi added that the disparity may have another unintended consequence: encouraging builders to construct more condo and co-op buildings, which also often come with large tax breaks. This may mean fewer new rental properties and higher rents for all the rest, he said.

"When something is taxed, the economy tends to produce less of it, and this general result is likely as true in the city's housing market as in other markets," his study says.

Rents in New York City average nearly $3,000 a month. In Manhattan, they have reached an average of nearly $3,500 per month. That's awfully high.

 
 
 
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09:59 AM on 05/24/2012
Why is it surprising or unfair that the owners of for-profit rental buildings are taxed at a higher rate than people who simply own their homes and live in them, deriving no income? It's true that owners of co-ops and condos are taxed at a disproportionately high rate compared to one- to-three family homes, which is why it's so important to extend the tax abatement that's due to expire on June 30. If the abatement doesn't go through (Senate S. 7091 / Assembly A. 10071), a person who is living in their own apartment will pay the same rate of real estate tax as a landlord who is renting out a unit for a substantial profit. That's just crazy.
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Eno
More of the same ol same ... A change has to come.
08:00 AM on 05/10/2012
"But what the study shows is that some city residents, those that own their own homes, and tend to be wealthier than the rest, simply aren't paying their fair share."

I don't know a single homeowner that is wealthier than the people living in those Manhattan high rises. Maybe out in those in the burbs of long island or certain parts of south brooklyn. A person who owns a three family, isnt owning that house because it rakes in the money. They are most likely living in that house and renting out the other Units.

This article is basically talking about spreading the tax burden around but haven't the middle class supported the rich long enough? The people in these high rises paying 3,000 to 50 even 60,000 a month in rent are mad at t home owners who have to have a combined income of 100k to even buy a 500k house, where the rents alone don't cover the mortgage.

There are many tax incentives to buy condos and coops; I'll tell you what it ain't poor people buying these buildings. I agree the tax code is F'd up. Tax the rich at a higher percent. I'm tired of subsidizing their way of life.
07:37 AM on 05/10/2012
NYC is trapped in a viscious cycle of declining rents and the highest property taxes in the country. The state does not rectify this by changing the rates to offset the amount of decrease necessary for renters to pay there taxes. The Rent guidelines board then raises rents on top of this. The City is going to wind up with a lot of vacancies and less money unless they can reduce the tax burden.
10:55 PM on 05/09/2012
It is a true statement that renters are being unfairly treated when it comes to property taxes in NYC. But the author of the study AND the author of this article obviously do not have a clue about rentals.
Owning rental property is a business. Everyone who is in business, does it to make a PROFIT. Businesses have expenses and income. INCOME minus EXPENSES = PROFIT
Why is it so hard for the author to understand that the renters pay 100% of the property taxes? It is an expense to the business that must be covered by the income (monthly rent paid by renters). This isn't rocket science folks. What i find amazing is the author suggests that we tax wealthy home owners to get more money. Isn't that what the excessive taxes on the apartment buildings were meant to do? The thinking is, let's tax the crap out of those greedy rich people that own those big expensive apartment buildings. Ironic huh, lets tax the fats cats apartment building, result higher rent. let's tax the crap out of the fats cats house, result higher rent (cause the fat cat will raise rents to cover their higher home expenses) Ironic huh.
Want to bring down the cost of rent. get rid of rent controls and have a property tax code that simply charges a percentage of appraised value.
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LFox6
Always remember you are unique, like everyone else
07:52 PM on 05/09/2012
Thank god we have a truly forward thinking governor now.

http://www.wgrz.com/rss/article/140713/37/Cuomo-Property-Tax-Cap-Is-Working

I love this man, that I do. When and if he ever runs for President, it's been a long, long time since I've done it, I will be out campaigning for him, bet your bottom dollar
10:05 AM on 05/09/2012
There was one year when I was in college in Buffalo that I was allowed to deduct the property tax from my rent. (only one year), as much as high rents in NYC suck, I wouldn't want to change the tax code so that home owners paid more property tax. Since I like many who rent dream of one day owning a home, the up front costs of homes in ny is already quite high, but since the property tax is low, there is a chance that maybe, it ownership can become a reality in my lifetime. If the property taxes are raised on houses, then that dream goes out the window because we all know rental prices will not drop as a response. Everything will just become more unaffordable,
09:43 AM on 05/09/2012
Ummm if you reduce the property tax, owners are just going to pass off the lost income to the renters in rent increases. Nice try.
07:54 AM on 05/09/2012
NY property taxes are unfair to everyone. Why should property taxes on a 350K house in Geneva be 25 thousand a year ?
12:40 AM on 05/09/2012
When Sandy Weil put his condo up for sale, I noticed that the property tax rate on his unit was substantially less than 1%. That's even a better deal than California home owners get. Don't New york City renters benefit from rent control still?
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LFox6
Always remember you are unique, like everyone else
07:53 PM on 05/09/2012
But the entire state is not made up of "NYC" - although granted they do have the highest rents and cost of living anywhere - but they also make double annually doing the same job as any of us 'upstaters', so it's all relevant
12:38 AM on 05/09/2012
Property taxes are unacceptable. You are taxing people for *existing*. Bill us for services instead.

At any rate - property taxes tend to go towards education, public sector pensions and municipal debt payments which are used to finance repairs, roadwork etc.

So if you are a single adult with no kids or car you are getting *hammered* for many many services, benefits and perks you will never see.

You are either okay with this or you are not.
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DMDAY44
11:51 PM on 05/08/2012
If you choose to live in one of the most expensive places in the country, then you should not complain at the cost. One advantage to being a renter as opposed to a property owner is how easy it is to move.
05:11 PM on 05/09/2012
oh really? easy to move, to pay movers, a broker, another deposit. are you for real!?
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DMDAY44
06:02 PM on 05/09/2012
You have the same moving expenses when you own a home, plus the added problem of selling your existing home and finding a new one and purchasing it. So yes I am for real.
HUFFPOST SUPER USER
Eno
More of the same ol same ... A change has to come.
07:47 AM on 05/10/2012
A mover? a broker? You need these things to move?
These are luxuries my friend.

You can find a place with no broker.
And people who can't afford it, move themselves and have friends to help them.
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LFox6
Always remember you are unique, like everyone else
07:55 PM on 05/09/2012
You're right. And there's no where on earth I'd rather live than right here in the Empire State. The opposite side of that coin is while we pay some of the highest taxes anywhere, there is a safety net like no other when the chips are down. So you know people actually care what happens to you - unlike the SW state I grew up in - where there is basically NO safety net, you lose your job, house, spouse, you are SOL
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DMDAY44
09:11 PM on 05/09/2012
If the safety net you have is what is most important to you, and you are willing to pay the taxes to support it, more power to you. But let me pose this question to you. If you took the money you paid in extra taxes and the additional costs of living outside of taxes, and used it to buy life insurance, disability insurance, invested or saved it, would you be better off in the long term? I'm not saying that you would or would not, I am just asking.
10:00 PM on 05/08/2012
You don't have to live in NY. Just sayin'.
07:58 AM on 05/09/2012
I find it bad enough just driving through. You run a financial gauntlet just with the tolls. Cross the Verrazano bridge to go to a friggin funeral and pay 26 bucks ! The state is looting people with permission of the people... amazing.
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LFox6
Always remember you are unique, like everyone else
07:56 PM on 05/09/2012
Oh yes, I DO ;-)
09:02 PM on 05/08/2012
No one is forcing them to rent.

Also, "unfair?" Really? A one second objective look at nature tells you that life isn't fair. Deal with it.
01:31 PM on 05/09/2012
Say it ain't so...you're on HP dude...very few here "deals with it", they just complain while doing nothing about it...
06:43 PM on 05/08/2012
7 out of 10 people being slaves to the one percenter owners is bunk.

Rent strike!
06:36 PM on 05/08/2012
"New York Property Taxes Unfair to Renters, New Evidence Shows"

Then don't rent.

Your assumption that if this changed the market value of rentals would drop even though the owners know you'll pay a higher rate won't work it's way into the real world.