Building types in Brooklyn

Standard condos in Brooklyn

Brooklyn is where most of the city’s new condominium stock has been built, so tax abatements, first-year budgets and sponsor obligations dominate the review.

What is different about buying a standard condo in Brooklyn?

Quick Answer

Brooklyn is where most of the city’s newer condominium stock has been built, so a Brooklyn condo review usually turns on two documents rather than one: the building’s tax benefit schedule, which sets when property taxes step up, and the first-year common charge budget, which is frequently understated.

Which condominiums of this kind are actually in Brooklyn?

  • New construction through Downtown Brooklyn, Williamsburg, Greenpoint, Gowanus and along the Fourth Avenue corridor
  • Mid-size buildings across Bedford-Stuyvesant, Crown Heights and Bushwick built over the last two decades
  • Loft and warehouse conversions in DUMBO and along the Williamsburg waterfront declared as condominiums
  • Small buildings of six to twenty units where there is no on-site staff and the board is the owners

What changes about the waiver and the loan file in Brooklyn?

  • The approval step is a right of first refusal waiver from the board, and the timing of that waiver is what usually sets the closing date
  • Warrantability turns on sponsor holdings, owner-occupancy and the presale percentage in a newer building, and a lender may decline the building rather than the borrower
  • Where the building holds a tax benefit, a prudent lender, and a prudent purchaser, qualifies against the taxes at the end of the schedule rather than the figure today
  • A recorded mortgage means mortgage recording tax, and on a refinance a CEMA is available to reduce the tax on the assigned balance

Which taxes and recording steps apply in Brooklyn?

  • Mortgage recording tax applies to the recorded mortgage, and the deed and mortgage record with the City Register through ACRIS
  • Many newer Brooklyn buildings carry a construction-related tax benefit that steps down over years, and the step-down is a scheduled increase in carrying cost
  • New York State transfer tax and the New York City real property transfer tax apply, and in a sponsor sale the plan commonly shifts them to the purchaser
  • The mansion tax is reached on a meaningful share of Brooklyn condo sales, concentrated in the newer waterfront and downtown stock

What pattern does a purchaser meet in Brooklyn?

  • First-year common charge budgets in new Brooklyn buildings are frequently understated, and the second-year budget is the honest one
  • Where a tax benefit is in place, ask for the schedule and model the carrying cost at the end of it rather than at the start
  • Small buildings without on-site staff have no reserve study and no professional management, so the offering plan and the first budget are all there is
  • Gowanus and waterfront sites carry environmental history, and the offering plan should disclose remediation and any ongoing obligations

Why does a Brooklyn condo tax benefit matter so much?

Because it is temporary and it steps down on a published schedule. A unit whose taxes are reduced today will carry full taxes later, and the increase arrives whether or not anything else changes. Model the carrying cost at the end of the schedule, and ask the lender to qualify you on that figure.

Are first-year common charges in new Brooklyn buildings reliable?

Often not. The sponsor prepares the first budget, and it tends to assume favorable staffing, insurance and utility figures. The second-year budget, set by an owner-controlled board with a year of actual costs, is usually higher. Treat the first-year figure as a projection rather than as an operating cost.

What else should you read before closing on one of these?

In the glossary

This building type, borough by borough

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Legal Disclaimer: This page is general information about New York practice. It is not legal advice, it does not account for the terms of any particular contract, building or transaction, and reading it does not create an attorney-client relationship. This is attorney advertising. Prior results do not guarantee similar outcomes.