The final rules, and four things that changed

Published 2026-07-14.

Proposed June 5, heard July 9, adopted July 14 after 35 written comments, effective immediately.

19 RCNY Chapter 62 was proposed on June 5, 2026. A public hearing followed on July 9, 2026, and 35 written comments were submitted. The final rule was adopted on July 14, 2026, effective immediately under Charter section 1043(f)(1)(d).

What changed between proposed and final?

  1. Documentation for month-to-month renters. The final rule added documentation pathways for renters under month-to-month lease or sublease agreements, and for spouses of owners, under additional rental documents in 19 RCNY 62-01. There is no one-year-lease requirement.
  2. Collective sole beneficiaries. Multiple individuals may collectively be the sole current beneficiaries of a trust, and contingent or future interests do not automatically disqualify. Multi-tier entity structures still cannot establish primary residence.
  3. A one-year hardship continuation. Under 19 RCNY 62-06(b)(3), primary residency is deemed to continue for one year immediately following death, or during a continuous hospitalization or a temporary nursing home or rehabilitation stay, with proof of the event and of the prior residency.
  4. The anti-avoidance lease clarification. A lease is not arm's length if circumstances indicate a reasonable possibility that it was entered into primarily to avoid the surcharge. A lessee or sublessee must also be a natural person, so an LLC tenant cannot establish primary residency.

One more, easy to miss

Owners may file an amended return before appealing. That is a final-rule change, and it matters to anyone whose filed address is the reason a notice arrived.

Sources