The Abatement Promise vs. Reality
When you're researching a co-op building, you might see "tax abatement" listed as a benefit. It sounds straightforward: the city reduces the building's property taxes, which should lower your maintenance costs. In theory, that's exactly how it works.
In practice, many shareholders never see a dollar of direct savings from their building's tax abatement. The money often vanishes into the building's operations, redirected by boards for purposes that may be perfectly reasonable but aren't "lower maintenance."
Understanding how abatements actually work—and where the money goes—helps you evaluate buildings accurately and set realistic expectations about your carrying costs.
How Co-op Tax Abatements Work
Property tax abatements reduce the amount of tax a building owes to New York City. For co-ops, the most relevant programs include:
The Co-op/Condo Property Tax Abatement
This is the most common abatement for residential co-ops. Originally designed to address the inequity between how co-ops/condos and rental buildings are taxed, it provides a percentage reduction in property taxes for qualifying buildings.
- Eligibility: Primary residence co-ops and condos (not pieds-à-terre or investor-owned units)
- Amount: Historically 17.5-28.1% of the unit's assessed value, though the exact benefit varies
- How it's applied: Reduces the building's total tax bill, which should flow through to maintenance
J-51 Abatements
The J-51 program provides tax benefits for buildings that complete substantial rehabilitation or conversion. Many older co-ops received J-51 benefits when they converted from rentals or completed major renovations.
- Duration: Typically 10-34 years depending on the scope of work
- Structure: Both a tax exemption (freezing assessed value) and tax abatement (reducing taxes owed)
- Expiration: Many J-51 benefits from 1980s-90s conversions have already expired or are expiring soon
421-a Abatements
The 421-a program incentivized new construction, particularly with affordable housing components. Some newer co-op buildings (though few are structured as co-ops today) may have 421-a benefits.
- Duration: 10-35 years depending on location and affordability requirements
- Phase-out: Benefits typically phase out gradually rather than ending abruptly
- Expiration impact: When 421-a benefits expire, tax bills can increase dramatically
The Expiration Cliff
Tax abatements don't last forever. When a J-51 or 421-a abatement expires, the building's property taxes can double or even triple—almost overnight. This translates directly to maintenance increases.
Before buying, always ask: Does this building have an abatement? When does it expire? What's the estimated tax increase at expiration?
Where the Abatement Money Goes
Here's the reality that surprises many shareholders: even when a building receives a meaningful tax abatement, your maintenance might not decrease—or might not decrease as much as you'd expect.
Scenario 1: Board Passes Through the Savings
In the ideal scenario, the board reduces maintenance proportionally when an abatement kicks in:
Direct Pass-Through Example
This happens in some buildings. Shareholders see a maintenance reduction or at least slower maintenance growth directly attributable to the abatement.
Scenario 2: Board Redirects to Reserve Fund
More commonly, boards view the abatement as an opportunity to build reserves without raising maintenance:
- Maintenance stays flat instead of increasing
- The abatement savings flow into the reserve fund
- Shareholders don't see direct monthly savings, but the building becomes more financially secure
From the board's perspective, this is prudent management. Buildings need reserves for capital projects, and capturing "windfall" abatement savings is responsible planning.
From the shareholder's perspective, it can feel like the promised benefit never materialized.
Scenario 3: Board Covers Other Cost Increases
Property taxes are just one expense. Every year, buildings face increases in:
- Staff wages (union contracts often mandate annual increases)
- Insurance premiums (which have risen dramatically in recent years)
- Utilities and fuel costs
- Repair and maintenance costs
In many buildings, the abatement simply offsets these other increases. Maintenance stays flat when it would have otherwise risen—a real benefit, but not the visible "savings" shareholders expected.
Where Abatement Money Typically Goes
| Use of Savings | Shareholder Impact | How Common |
|---|---|---|
| Direct maintenance reduction | Visible monthly savings | Less common |
| Offsetting other increases | Maintenance stays flat instead of rising | Very common |
| Reserve fund contributions | No visible savings, but reduced assessment risk | Common |
| Capital improvements | Building upgrades instead of lower costs | Occasional |
Calculating Your Effective Carrying Cost
Rather than focusing on whether you're "getting" the abatement, focus on your total carrying cost:
True Carrying Cost Analysis
Compare this effective cost across buildings rather than trying to isolate the abatement impact. A building with an abatement but higher base maintenance may cost more than a building without an abatement but lower overall expenses.
The Abatement as a Selling Point: Buyer Beware
Brokers and sellers often highlight tax abatements when marketing apartments. Be skeptical of how the benefit is presented:
How It's Often Presented
- "Building has tax abatement"
- "Shareholders save $X per year"
- "Lower taxes than comparable buildings"
- "Maintenance includes abatement savings"
Questions to Ask
- When does the abatement expire?
- What's the expected tax increase at expiration?
- Is the board passing savings to shareholders?
- How does maintenance compare to similar buildings?
The J-51 Expiration Problem
Many buildings that converted to co-ops in the 1980s and 1990s received J-51 benefits lasting 20-34 years. Those benefits are now expiring across the city.
When a J-51 benefit expires:
- The building's assessed value may increase (end of exemption)
- The tax rate reduction disappears (end of abatement)
- Combined effect can double or triple the property tax bill
- Maintenance increases significantly to cover the higher taxes
J-51 Expiration Impact Example
This is a real scenario many buildings have faced. A $583/month increase is significant for any household budget.
Abatements and Building Financial Planning
Well-managed buildings plan for abatement expirations years in advance:
- Gradual maintenance increases: Rather than a sudden spike at expiration, boards phase in increases over several years
- Reserve building: Using current abatement savings to build reserves that can cushion the expiration impact
- Communication: Keeping shareholders informed about the timeline and expected impact
Before buying, ask the board or managing agent: "Is there an abatement expiration coming, and what's the plan to address it?"
The Co-op/Condo Abatement: Annual Renewal
Unlike J-51 or 421-a, the general co-op/condo abatement is a recurring benefit that applies annually—but it's not guaranteed forever. The city can modify or eliminate the program, and the rules have changed multiple times.
Recent changes have made the abatement unavailable for:
- Units not used as primary residences (pieds-à-terre, investment units)
- Units with absentee owners who don't file for the benefit
- Units in buildings where average assessed value exceeds certain thresholds
The political environment around property tax benefits can shift. What's available today may not exist in the same form in five years.
Evaluating Abatements in Your Purchase Decision
Key Questions for Buyers
- What abatements does the building currently receive? Get specifics—J-51, 421-a, co-op/condo abatement, or others.
- When do they expire? J-51 and 421-a have fixed terms. Get the exact dates.
- What's the expected tax increase at expiration? The managing agent should be able to estimate this.
- How is the board handling the expiration? Is there a plan to phase in increases or build reserves?
- How does current maintenance compare? Is it artificially low due to the abatement?
- What would maintenance be without the abatement? This is your true baseline comparison to other buildings.
The Bottom Line
Tax abatements are real benefits, but they're often less impactful for individual shareholders than the term suggests. The savings frequently disappear into reserve funds, get absorbed by other rising costs, or defer maintenance increases rather than reducing them.
More importantly, abatements that expire create real financial risk. A building coasting on a J-51 benefit from 1990 may face a rude awakening when that benefit ends—and so will its shareholders.
Focus on total carrying cost, not the presence or absence of an abatement. Understand when benefits expire and how the building is preparing. And treat "tax abatement" claims in marketing materials with appropriate skepticism until you've verified exactly what the benefit is and where the money actually goes.
Francine Crocker analyzes building financials to help clients understand the real impact of tax abatements—including upcoming expirations that could significantly affect carrying costs. This analysis is essential for comparing buildings accurately and avoiding unpleasant surprises.
Questions about a building's tax situation? Contact Francine for a detailed financial analysis.