Client Resources

The Client Guide to
New York City Real Estate


This is the guide I give clients before we start. It covers buying, selling and renting in New York City specifically, it is current as of September 2026, and the rules and figures in it are sourced to the agencies that publish them. It is not a substitute for a broker, an attorney or an accountant. It is written to make the first conversation with all three considerably shorter.

Part One

Buying

Often the largest financial commitment a person makes, and in New York it runs on a process that is unlike anywhere else in the country.

You will need three people: a buyer’s agent, a mortgage broker unless you are paying cash, and a New York real estate attorney. In this state the attorney writes and negotiates the contract, which means the one you choose matters more here than in most markets. Choose all three before you need them.

  1. Establish your real number, not your loan approval

    A mortgage broker will tell you what a bank will lend against your income and assets, and will issue the pre-approval letter you need before you can credibly offer on anything. Get it early. Buyers lose apartments waiting on that letter more often than they lose them on price.

    The approval is not your budget, though. Your budget is the price plus everything that sits on top of it, and in New York City that stack is meaningful. Work out the all-in number before you start looking, because it will change which apartments you should be seeing.

  2. What a buyer actually pays on top of the price

    • Mansion tax. One percent of the price on residential purchases of $1,000,000 or more, paid by the buyer, per the New York State Department of Taxation and Finance (opens in a new tab).
    • New York City supplemental tax. On residential conveyances of $2,000,000 or more, an incremental rate between 0.25 and 2.9 percent depending on price, also paid by the buyer, per the same state schedule (opens in a new tab). At the top of the market these two together are the largest line on the closing statement after the price itself.
    • Financing costs. Mortgage recording tax, bank and appraisal fees, and title insurance on a condominium or a house. A co-op has no title insurance because you are buying shares rather than real property, which is one reason co-op closing costs are materially lower.
    • Building and sponsor costs. Application and move-in fees, and in new development the sponsor commonly asks the buyer to pay the sponsor’s transfer taxes and attorney fee, plus a capital contribution. That is negotiable, and in a softer sponsor market it is one of the first things I ask for.

    A cash purchase avoids the mortgage recording tax and title insurance entirely, which is a large part of why a cash offer is worth more to a seller than its face value suggests.

  3. Separate what you want from what you will use

    Every budget compromises somewhere. The work is deciding where, before the market decides for you. Location against size and finish. A doorman and a gym against the monthly charges that carry them for as long as you own. Pets. Sublet policy, which is where co-op buyers are most often surprised and which matters enormously if there is any chance you will move and hold. Light, exposure and floor, which are the things you cannot renovate.

    Amenity buildings charge you for the amenities every month, permanently. It is worth being honest about whether you will use the pool.

  4. See enough to calibrate

    Most buyers need somewhere between ten and thirty viewings before the market resolves into something legible. The first several are not shopping, they are calibration. You are learning what your money buys, what a good layout feels like against a compromised one, and what the difference between two similar buildings actually is. An agent who knows the inventory shortens that stretch considerably, but it cannot be skipped.

  5. Offer, and know what you are really negotiating

    Price is one of roughly ten terms. Financing amount and whether the offer carries a mortgage contingency, closing date, inclusions and exclusions, who pays the sponsor’s costs in new development, the flip fee in a co-op, and the strength of the board package you can present. A seller weighing two offers is weighing all of it.

    The room in that conversation has narrowed. Across the three months to 31 August 2026 the median Manhattan sale closed 3.54 percent below the last published asking price, tighter than a year earlier, on Marketproof (opens in a new tab) records of closed Manhattan sales queried 11 September 2026. Practically, that means the strength of your offer increasingly lives in the terms rather than the number.

  6. Contract and due diligence

    An accepted offer is not a deal. In New York nothing binds either party until both have signed the contract and the deposit, customarily ten percent, has been delivered into the seller’s attorney’s escrow account. Until then either side can walk, and sometimes does.

    In the days between, your attorney reads the building. Financial statements, reserve levels, the offering plan, recent board minutes, any litigation, the underlying mortgage in a co-op, arrears among the other owners. This is the single most valuable week of the transaction and it typically takes about five business days.

  7. The board package

    A condominium board generally has a right of first refusal rather than an approval power, and the process is usually a matter of weeks and largely administrative. A cooperative is a different exercise: full financial disclosure, personal and professional references, and an interview, and the board may decline without stating a reason. Expect two to eight weeks depending on the building.

    Assembled properly, the package is a non-event. Assembled carelessly, it is where deals die. This is the part of the process where having someone who has been through it many times is worth the most to you.

  8. Clearance, walk-through, closing

    While the board reviews, your lender issues a clear to close. Before closing you are entitled to a walk-through to confirm the apartment is in the condition it was in when you agreed to buy it, and that anything included is still there. Most closings in the city are now handled in escrow rather than around a table. The keys are released, and it is yours.

Part Two

Selling

An emotional decision that has to be run as a business one. Most of the outcome is determined in the first two weeks.

Selling well in New York is mostly a pricing and preparation problem. The marketing matters, but it cannot correct a price the market has already rejected, and the cost of finding that out is measured in months.

  1. Choose the broker on evidence

    Ask any broker you interview for three things: their own closed transactions, their ratio of sale price to original asking price, and their average days on market in your building or a comparable line. Ask what they would price your apartment at and make them show you why. Chemistry matters, because this is a long and personal process and you will speak constantly. Evidence matters more.

  2. Price to the market, not to your basis

    What you paid, what you owe and what you need are not inputs the market accepts. The inputs are recent closed comparables in your building and line, the inventory you will be competing against on launch day, and the pace at which your segment is absorbing.

    Buyers in this market are transacting within roughly three and a half percent of the last published ask. In a market like that, an ambitious price does not buy you a higher sale. It buys you a longer one, and usually a lower one after two reductions have told every buyer watching that you were wrong the first time. Credibility is the whole strategy.

  3. Prepare before you photograph

    Paint, declutter, deep clean, fix the small broken things, and light every room properly. If you are asking a premium price the apartment has to look and feel like a premium property, in person and in the first photograph. Staging earns its cost in an empty apartment far more reliably than in an occupied one.

  4. Launch as a campaign, not a posting

    Photography, a measured floor plan, video where the apartment earns it, full syndication to the portals, direct circulation to the brokerage community, and targeted outreach to the buyers and agents most likely to transact. Treat the first fourteen days as the whole campaign, because the attention your listing receives is front loaded and does not come back.

  5. Show, constantly

    Access is the variable most within your control. Private appointments, open houses, broker previews, evenings and weekends. Every restriction you place on showing an apartment is a restriction on the price it will achieve.

  6. Evaluate the buyer, not only the offer

    Proof of funds, the size of the loan, post-closing liquidity, debt to income against the standard your co-op board applies, flexibility on timing, and whether their attorney is someone who closes. The highest number from a buyer the board will decline is not the best offer in front of you. It is the most expensive one.

  7. Contract

    Your attorney drafts, the buyer’s attorney conducts due diligence and negotiates the rider, and the customary ten percent deposit is held in your attorney’s escrow account. Speed matters here. The longer a contract sits unsigned, the more opportunity there is for a buyer to change their mind.

  8. Approval and closing

    Your side works with the buyer and their agent to get a complete, persuasive board package submitted, because your closing depends on their approval. Once the board consents and the lender clears, the attorneys and the managing agent schedule the closing.

  9. What a seller pays in New York City

    • New York State transfer tax. Two dollars for each $500 of consideration, effectively 0.4 percent, paid by the seller, per the state transfer tax schedule (opens in a new tab).
    • New York City Real Property Transfer Tax. For residential property, 1 percent where the price is $500,000 or less and 1.425 percent above that, per the New York City Department of Finance (opens in a new tab).
    • Additional base tax. A further $1.25 for each $500 on residential conveyances of $3,000,000 or more, paid by the seller, per the state schedule (opens in a new tab).
    • The rest. Brokerage commission, your attorney, a co-op flip fee where the building charges one, managing agent and payoff processing fees, and any capital gains exposure, which is a conversation for your accountant and not for your broker.

    On a sale above three million dollars the tax line alone is close to two percent of the price before commission. It belongs in your net proceeds calculation from the first conversation, not the week of closing.

Part Three

Renting

Fast, paperwork heavy, and the part of the market where the rules changed most recently.

The strongest tenants in New York are not always the highest earners. They are the ones who can produce a complete file the same day they see the apartment. Good inventory in this city is frequently gone within seventy two hours, and the application that arrives finished wins over the one that arrives enthusiastic. Assemble the file before you start looking.

Income

The common standard is annual income of forty times the monthly rent, and some owners ask forty five. A $4,000 apartment therefore generally needs $160,000 to $180,000 in verified annual income. Two roommates are usually assessed on their combined income.

Guarantor

If you do not meet the income test on your own, a guarantor typically must show eighty times the monthly rent and is expected to live in the tri-state area. Institutional guarantor services are accepted by many, though not all, landlords for a fee.

Credit

A score above 700 clears most buildings comfortably. Below that, expect a guarantor to be required, since the traditional fallback of additional security is now limited by statute.

The file

Two most recent tax returns, your three most recent pay stubs, an employment or offer letter stating salary and start date, two or three months of bank statements, photo identification, and a prior landlord reference. Self employed applicants should expect to substitute a letter from an accountant.

Two statutory limits worth knowing before anyone asks you for money

  • Security deposits are capped at one month’s rent. Statewide, for regulated and unregulated apartments alike. A request for first month, last month and a security deposit on a standard residential lease is not lawful, and the deposit must be returned within fourteen days of move-out with an itemized statement of any deductions, per the New York City Rent Guidelines Board (opens in a new tab).
  • Application fees are capped at $20. A landlord may recover the cost of a background and credit check only, and only up to the actual cost or $20, whichever is less. The fee must be waived entirely if you supply a check run within the previous thirty days, and you must be given a copy of the report and the invoice. Cooperatives are an exception. This is Real Property Law §238-a (opens in a new tab).

Local Law 119 of 2024, in effect since 11 June 2025

The FARE Act, and the part almost everyone gets wrong

Whoever hires the broker pays the broker.

The Fairness in Apartment Rental Expenses Act changed how rental commissions work in New York City. A landlord’s agent may not charge a fee to a tenant. That includes the listing agent, and a broker who publishes a listing is presumed to have done so with the owner’s permission. A landlord may not pass their own broker’s fee on to the tenant, and no one may condition renting an apartment on your hiring a particular broker or accepting a dual agent. The Department of Consumer and Worker Protection (opens in a new tab) enforces it.

That much has been widely reported. Here is the part that has not, and it is the part that costs people money.

The law did not make broker fees the landlord’s responsibility. It made them the responsibility of whoever hired the broker.

Those are two different statements, and the difference matters to you. It is not incumbent on an owner or a landlord to pay a broker fee. It is incumbent on the party who engaged the broker to pay the broker they engaged.

If you retain an agent to represent you as a tenant, to search on your behalf, to get you in front of inventory before it circulates, to prepare and present your file, and to negotiate your rent, term and concessions, then you are the party who hired the broker. You pay that broker. The FARE Act expressly preserves your right to do exactly that, and the landlord has no obligation to compensate an agent they never retained.

The widespread belief that a tenant never pays a fee in New York City is simply incorrect. What the law ended was a fee being imposed on you for a broker you did not choose and who was never working for you.

What still applies

  • Every fee a prospective tenant has to pay must be disclosed clearly and conspicuously in the listing, and itemized in writing before you sign, per DCWP (opens in a new tab).
  • Background and credit check costs may still be charged, subject to the twenty dollar statutory cap.
  • No broker may make a specific apartment available only on the condition that you hire them.
  • A landlord is liable when their own agent or the listing agent charges a tenant unlawfully.

Where it stands legally

In force, and tested. The Second Circuit affirmed the dismissal of the Real Estate Board of New York’s First Amendment and state preemption challenges in July 2026 (opens in a new tab). The panel treated the publication provision as commercial speech and found the City had shown that tenant-paid fees harm affordability and mobility. One contracts claim, about exclusive listing agreements signed before the Act took effect, is still open in the district court. In the law’s first year, 2,033 complaints produced 74 summonses, $27,125 in penalties against 33 respondents and $15,500 recovered for renters.

The honest market consequence

Owners now carrying the fee have in many cases moved it into the rent, where it recurs every month instead of once, and some inventory has moved off the public portals into channels that are harder for an unrepresented renter to reach, as The Real Deal reported in August 2026 (opens in a new tab). Whether you are better off engaging your own agent or paying a higher rent for twelve months is arithmetic. It is worth doing before you decide, and I am glad to do it with you.

Client memo

The whole law, in five pages

What is prohibited and what is still allowed, the itemized disclosure rule almost nobody reads, the penalty schedule, the first year of enforcement, what it actually did to rents, and where the litigation stands. Written to be forwarded to an owner, a tenant or an attorney. PDF · 5 pages · 370 KB · Revised 12 September 2026

Download the memo

Part HH of Chapter 59 of the Laws of 2026 · In effect since 1 July 2026

The pied-à-terre tax is no longer a proposal. It is a bill arriving in January.

New York State enacted an annual surcharge on high value New York City homes that are not anyone’s primary residence. It took effect on 1 July 2026, it is scheduled to run through 30 June 2031 unless the Legislature extends it, and where it applies it will appear on the property tax bill due 1 January 2027. If you own a second home in the five boroughs, or you are underwriting one, this is a new annual carrying cost rather than a one time closing item.

Time sensitive

If the Department of Finance sent you a notice, the exemption application is due 6 October 2026.

The city published a supplemental market value roll on 24 July 2026 and mailed notices to roughly 17,000 owners. A notice is not a determination. It means your property was flagged as possibly non primary, and the burden of showing otherwise sits with you. The original August deadline has since been extended twice. If you were notified and you do nothing, the surcharge lands on your January bill and your remedy becomes an appeal instead of an application, which is a materially harder position.

What the surcharge costs

Rates are applied annually to the value of the property, not to the amount above the threshold.

Phase 1, 1 July 2026 to 30 June 2028, on Department of Finance market value
Value Annual rate
One, two and three family homes
$5M to $15M0.80%
$15M to $25M1.05%
$25M and above1.30%
Condominiums and cooperatives
$1M to $3M4.00%
$3M to $5M5.25%
$5M and above6.50%
Phase 2, from 1 July 2028, on comparable sales value
Value Annual rate
All covered property types
$5M to $15M0.80%
$15M to $25M1.05%
$25M and above1.30%

The valuation method is the whole story

In Phase 1 the surcharge is applied to the Department of Finance market value. For condominiums and cooperatives that number is produced by an income capitalization method designed for rental buildings, so it routinely sits far below what the apartment would actually sell for. The city’s own guidance makes the point plainly: a condo or co-op that Finance values at $1 million is treated as comparable to a single family home valued at $5 million. That gap is the reason the condo and co-op rates run from 4.00% to 6.50% in Phase 1 while houses of far greater real value pay under 1.30%.

From Phase 2 the city must value condominiums and cooperatives using arm’s length sales of comparable units. The threshold rises to $5 million for every property type and the rates fall into the 0.80% to 1.30% band. A much lower rate, applied to a very much larger base.

The same apartment, both phases

Department of Finance market value
$1,300,000
Actual sale price
$8,400,000
Phase 1, at 4.00% of Finance value
$52,000 a year
Phase 2, at 0.80% of sales value
$67,200 a year

The rate falls by four fifths and the annual bill still rises by roughly a third. Anyone modeling a hold beyond 2028 should underwrite both numbers, not the one currently in front of them.

If you own in a cooperative

A co-op is a single tax lot, so the surcharge is assessed against the building and the corporation is responsible for collecting it from the shareholders whose units are not primary residences. Boards are still working out how to allocate it. Ask your managing agent how yours intends to, because the chosen method can reach shareholders who owe nothing themselves.

The exemption, and what it takes to get it

The surcharge does not apply where the property is the primary residence of the owner, of a tenant or subtenant under a bona fide arm’s length lease of at least one year, of an immediate family member of the owner or of a majority interest holder, of one or more people who together hold a majority interest in an entity that owns it, or of the sole beneficiary or beneficiaries of a trust. Vacant land, sponsor units still unsold under an offering plan, and property without a required certificate of occupancy sit outside it.

Finance asks for documents, not assertions. For each occupant claimed as a primary resident it expects one of the following.

  • The most recently filed federal or state tax return, or a driver’s license or other identification issued by the DMV. Failing both, a voter identification card together with further proof of primary residence.
  • For a tenant or subtenant, the residency proof plus either the current lease and one further rental document such as a utility bill, proof of rent paid or renter’s insurance, or a tenant affidavit and two such documents.
  • For an immediate family member, the residency proof plus a birth or marriage certificate, or the immediate family member affidavit.
  • For a property held in an LLC, corporation, partnership or trust, the residency proof plus the operating agreement, partnership agreement, trust instrument or articles of incorporation, together with a majority interest affidavit.

Where it stands

Three owners sued in Richmond County in August, arguing that the city shifted onto homeowners a burden of proof the statute placed on the city. Justice Wayne Ozzi granted a temporary restraining order on 10 August 2026, the city appealed within hours, and the Appellate Division allowed the rollout to continue. After argument on 31 August no decision had issued. Note what the case is: a challenge to how the tax is being administered, not to whether it is lawful. Plan on the surcharge applying and the deadline holding.

If an application is denied, the appeal runs to the New York City Tax Commission on Form TC107, due 1 March 2027 for tax class two and 15 March 2027 for tax class one. Finance’s valuation is presumed correct and the burden of proof is yours, which is the practical argument for getting the application right the first time rather than relying on the appeal.

Client memo

Take the whole thing with you

Everything above, set as a five page memo you can forward to your accountant, your attorney or your managing agent. Rates for both phases, the exemption checklist, a worked valuation example and the appeal timeline, with every source cited. PDF · 5 pages · 380 KB · Revised 11 September 2026

Download the memo

Rates, thresholds, exemption criteria, required documents and the 6 October 2026 deadline are from the New York City Department of Finance, Non-primary residence property surcharge (opens in a new tab). Appeal deadlines and Form TC107 are from the New York City Tax Commission (opens in a new tab). The phase structure, statutory citation and valuation methodology follow Holland & Knight’s analysis of the enacted budget bill (opens in a new tab) and Alvarez & Marsal (opens in a new tab). Litigation status is from Thomson Reuters (opens in a new tab) and NY1 (opens in a new tab), current as of 11 September 2026. This is general information, not tax or legal advice. The surcharge turns on facts specific to you and your ownership structure. Retain your own accountant and attorney before you file or rely on any of it.

Sources and limitations

Tax rates and thresholds are drawn from the New York State Department of Taxation and Finance (opens in a new tab) and the New York City Department of Finance (opens in a new tab). Rental rules are drawn from Real Property Law §238-a (opens in a new tab) and the New York City Rent Guidelines Board (opens in a new tab). FARE Act provisions are drawn from the Department of Consumer and Worker Protection (opens in a new tab) guidance and NYC311 (opens in a new tab). Pied-à-terre surcharge rates, thresholds, exemption rules and deadlines are drawn from the Department of Finance surcharge guidance (opens in a new tab) and the New York City Tax Commission (opens in a new tab). Market figures are from Marketproof (opens in a new tab) records of closed Manhattan transactions, queried 11 September 2026.

This guide is general information about customary practice and current law, current as of September 2026. It is not legal, tax or accounting advice, it is not an appraisal or a valuation, and it is not a representation about any specific property or transaction. Rules change. Customs vary by building. Retain your own attorney and accountant.

Have a question this guide does not answer?

That is usually the interesting one. Tell me what you are weighing and I will give you a straight read on it.