New York’s 467-m office conversion tax break, explained
Since 2024, New York State has let an office building in New York City that becomes rental housing pay as little as a tenth of its property tax for decades, provided a quarter of its apartments stay affordable for good. The most generous version closed on June 30, 2026. Here is who qualifies, what the schedule is worth, and what it costs the city.
Checked against the enacted text of RPTL § 467-m · Updated
At a glance
- The law
- Section 467-m of the New York Real Property Tax Law, added by Chapter 56 of the Laws of 2024. Administered by HPD under 28 RCNY Chapter 64, in effect since January 15, 2025.
- What it gives
- Full exemption during construction (up to three years), then 90% south of 96th Street in Manhattan or 65% elsewhere, phasing out over the last five years of a 25-, 30- or 35-year term.
- Which buildings
- Non-residential buildings other than hotels, converted to six or more rental apartments, with construction starting January 1, 2023 to June 30, 2031.
- In return
- 25% of apartments permanently affordable at a weighted average no higher than 80% of area median income, 5% at 40%, all rent-stabilized; prevailing wages for building service workers.
- Status
- Open. The 35-year term closed to new permits on June 30, 2026; conversions starting now get 30 years if their permit issues by June 30, 2028.
What 467-m is
Section 467-m of the Real Property Tax Law, “Affordable housing from commercial conversions tax incentive benefits,” was added by the 2024 state budget. It applies only in New York City and only to conversions: a building that was offices, a warehouse or another non-residential use becomes apartments. New construction does not qualify, and neither do hotels.
It is an exemption, not a credit. While it lasts, the building is exempt from the stated share of its property tax, other than assessments for local improvements, on the whole building rather than only on the added value. It is also exclusive: a building receiving 467-m cannot receive any other property tax exemption or abatement at the same time.
The state wrote the terms; the city does not set them. The city’s housing agency, HPD, administers the program under rules that took effect on January 15, 2025, and the Department of Finance applies the exemption to the tax bill.
Which buildings qualify
- Non-residential before: a certificate of occupancy for commercial, manufacturing or other non-residential use on at least 90% of the floor area, or other proof HPD accepts. Hotels and other class B multiple dwellings are excluded.
- Mostly the existing building after: at least half of the finished building’s floor area must be the structure that was converted, so additions are allowed but replacements are not.
- Six or more rental apartments, all of them rented. Commercial, community facility and accessory space above 12% of the floor area reduces the benefit by the excess.
- The dates: the Department of Buildings must issue the first qualifying permit (an alteration permit that requires a new certificate of occupancy) after December 31, 2022 and on or before June 30, 2031, and the first certificate of occupancy covering all the residential space must issue by December 31, 2039.
A building that is partly residential can still use it: a non-residential portion qualifies on its own if it is a separate condominium tax lot.
The 467-m benefit schedule
Every qualifying conversion is fully exempt during construction, for up to three years before completion. After completion, the length of the benefit depends on when the conversion started, and the share exempted depends on where it is. The Manhattan prime development area is any tax lot entirely south of 96th Street.
467-m benefit after completion, by permit date and location
| First permit issued | Term | Manhattan south of 96th St | Rest of the city |
|---|---|---|---|
| January 1, 2023 to June 30, 2026 (closed to new permits) | 35 years | 90% for 30 years | 65% for 30 years |
| July 1, 2026 to June 30, 2028 | 30 years | 90% for 25 years | 65% for 25 years |
| July 1, 2028 to June 30, 2031 | 25 years | 90% for 20 years | 65% for 20 years |
In the last five years of every term the exemption steps down: in Manhattan south of 96th Street to 80%, 70%, 60%, 50%, 40%; elsewhere to 50%, 40%, 30%, 20%, 10%. Then the building pays full tax. The affordability requirement does not end with it.
The tiers differ in length, not depth. A conversion starting today in Midtown gets the same 90% as one that started in 2024; it gets it for 25 years after completion instead of 30. Because those lost years are the furthest out, they are worth less in today’s money than the headline difference suggests.
These averages count each year the same. What a project actually saves in dollars depends on its assessed value and the tax rate in each year, both of which change.
The affordability requirement
In exchange, at least 25% of the apartments must be affordable, on these terms:
- Incomes: at least 5% of all apartments for households at or below 40% of area median income; the affordable units together may use up to three income bands, none above 100% of AMI, with a weighted average no higher than 80%.
- Permanent: the restriction period starts at completion and runs in perpetuity, even if the benefit is later revoked. The units are rent-stabilized, with one- or two-year leases at the tenant’s option, and can never become condominiums, co-ops or short-term rentals.
- Not segregated: affordable units must share entrances and common areas with the market-rate units and cannot be confined to one floor or area. They must either match the market units’ bedroom mix or be at least half two-bedrooms, with no more than a quarter studios.
The market-rate apartments are not rent-stabilized unless they would be without the program. Leasing the affordable units goes through HPD’s housing lottery, which HPD says takes seven to eight months.
Prevailing wage
467-m requires prevailing wages for building service workers, such as porters, handypersons and doormen, for the whole benefit period, even if the benefit is later revoked. Buildings with fewer than 30 apartments, and conversions substantially funded by a government affordable housing program, are exempt. The Comptroller enforces it.
Construction workers are a different matter. The law does not mention them, and HPD’s requirements FAQ takes the position that 467-m projects meet the exclusion in the state’s construction prevailing wage law for privately owned housing with at least 25% affordable units under a regulatory agreement.
How to apply
The application comes at the end, not the start, but an earlier deadline comes first. Completion is the date the Department of Buildings issues the first temporary or permanent certificate of occupancy covering all the residential areas. An owner files the unit workbook with HPD no earlier than 12 months before completion and, under HPD’s rules (§64-02(c)(2)), generally no later than two months after it, markets the affordable units through HPD, and applies within a year after completion. The year allowed for the application does not extend the workbook deadline.
The application fee is $3,000 per dwelling unit, counting market-rate units as well as affordable ones: $300,000 for a 100-unit conversion. A quarter is due with the initial workbook and the rest with the application. HPD may waive it for a conversion in which every unit is affordable and built with substantial government assistance, according to its requirements FAQ.
Taxes billed during construction must be paid; once HPD certifies the building, the construction exemption is applied retroactively, and the post-completion exemption appears on the next tax roll. The forms, workbook and filing address are on HPD’s 467-m page.
What 467-m costs the city
In a July 17, 2025 report, the City Comptroller counted 44 completed, ongoing and potential conversions in Manhattan, about 15.2 million square feet and 17,400 apartments. Of those, about 14,500 apartments south of 59th Street could start by June 30, 2026 and qualify, 3,600 of them income-restricted. It valued their exemptions at $5.6 billion in present value and the net revenue the city gives up, against a world with no program, at $5.1 billion.
It found that most of that cost is the rent discount on the affordable units, and about three-quarters of it falls in Lower Manhattan, where office values had fallen far enough that it assumed many conversions would proceed without the exemption. It judged the program “likely too generous” there and found it more pivotal in Midtown East. The report is an estimate made before the 35-year window closed, and it is not a full cost-benefit study.
Timeline
- : The state budget, Chapter 56 of the Laws of 2024, adds Section 467-m to the Real Property Tax Law, retroactive to conversions begun after December 31, 2022.
- : HPD's rules, Chapter 64 of Title 28 of the Rules of the City of New York, take effect and applications open.
- : The City Comptroller estimates the program will cost $5.1 billion in present value, mostly in Lower Manhattan, and calls it likely too generous there.
- : The 35-year benefit closes. Conversions whose first qualifying permit is issued after this date get 30 years.
- : The 30-year benefit closes; later starts get 25 years.
- : Last day a conversion can start and qualify. It must be finished by December 31, 2039.
How 467-m compares with other cities
467-m exempts most of the whole building’s tax, not only the value the work adds, and asks for permanent affordable homes in return. Pennsylvania has authorized a 20-year abatement for conversions in Philadelphia that exempts only the added assessment from the work and, in the state law, carries no affordability requirement; the city has not adopted it. California’s Office to Housing Conversion Act takes the other approach, trading faster approval rather than lower taxes for affordable homes.
467-m and the federal RESIDE Act
467-m and the federal RESIDE Act pay for different things. 467-m lowers a finished building’s tax bill for decades. RESIDE, Section 210 of the 21st Century ROAD to Housing Act, is a HUD grant to cities toward the up-front cost of converting buildings that are vacant and abandoned. As of October 17, 2026, Congress had appropriated no money for it: HUD is running on a stopgap through December 11, 2026 that bars programs not funded the year before and does not mention RESIDE. A New York City project could use both, since 467-m bars stacking other property tax breaks but not grants.
Questions
What is 467-m?
Is the 35-year 467-m benefit still available?
What buildings qualify for 467-m?
What are the 467-m affordability requirements?
Can condos or co-ops use 467-m?
Does 467-m require prevailing wages?
How do you apply for 467-m?
How much does 467-m cost New York City?
How does 467-m relate to the federal RESIDE Act?
Sources
- New York State Senate, “Real Property Tax Law § 467-m”
- NYC Department of Housing Preservation and Development, “467-m: Affordable Housing from Commercial Conversions”
- NYC Department of Housing Preservation and Development, “Final rules for RPTL § 467-m (28 RCNY Chapter 64)”
- NYC Department of Housing Preservation and Development, “467-m requirements FAQ for prospective applicants, updated January 16, 2025”
- NYC Office of the Comptroller, “Office-to-Residential Conversions in NYC: Economics and Fiscal Estimates”
- U.S. Government Publishing Office, “Public Law 119-101, Section 210”
- Congressional Research Service, “Overview of Continuing Appropriations for FY2027 (Division A of P.L. 119-103), September 17, 2026”
Conversion incentives in other cities: Philadelphia’s 20-year tax abatement
Federal law: The ROAD to Housing Act explained · Environmental review changes · CDBG and HOME changes · Opportunity Zones · The Innovation Fund · Innovation Fund reforms, city by city · The Build Now Act · Manufactured housing and the chassis rule · Chassis-free manufactured homes by state · RESIDE Act funding status · How RESIDE grants should be sized · The ban on large investors buying homes