Latest / Sid & Friends In The Morning / Randy Mastro | Attorney Leading Lawsuit Against Mamdani's Pied-à-Terre Tax Celebrates Big Win
Transcript
- 0:00Speaker 1: So let me get right to my friend, and what
- 0:02Speaker 1: can I say, Randy? Congratulations. You did an amazing job
- 0:06Speaker 1: on behalf of a lot of New Yorkers. I was
- 0:09Speaker 1: with comedic actor Robert Wall last night at the Yankee game.
- 0:13Speaker 1: He lives in L.A., but he's got a second house,
- 0:15Speaker 1: an apartment right here in New York City, and he
- 0:17Speaker 1: was thrilled. So on behalf of a lot of New Yorkers,
- 0:20Speaker 1: thank you for your hard work in making sure we
- 0:23Speaker 1: got the win yesterday. I know you want to feel
- 0:25Speaker 1: like a million bucks.
- 0:28Speaker 2: And I am just so happy for thousands of New
- 0:33Speaker 2: Yorkers who never should have been subjected to this botched
- 0:36Speaker 2: rollout by the Mondani administration. And this judge, Justice Ozzie,
- 0:41Speaker 2: right down the line, he gave it straight. It's a
- 0:45Speaker 2: compelling decision. They botched the rollout. They screwed up. They
- 0:50Speaker 2: scared thousands of people who should never have to pay
- 0:53Speaker 2: this tax. And now they're going to have to do
- 0:56Speaker 2: it over. So I'm just... Extremely gratified by the decision,
- 1:00Speaker 2: but more importantly, that thousands of New Yorkers can rest
- 1:06Speaker 2: easier because they know they were victimized and now they've
- 1:10Speaker 2: gotten justice.
- 1:12Speaker 1: They really were. I mean, this mayor actually put the
- 1:15Speaker 1: onus on homeowners to prove they own the homes, which
- 1:19Speaker 1: is just ass backwards and ridiculous and really awful. He's
- 1:23Speaker 1: a terrible guy. I don't get it. But I was
- 1:26Speaker 1: talking to a gnome this morning, and they sent it
- 1:28Speaker 1: out to about 17,000 people.
- 1:30Speaker 2: Yes.
- 1:31Speaker 1: And I believe you told me last time that maybe
- 1:34Speaker 1: as many as 7,000 or 8,000 never should have gotten
- 1:38Speaker 1: it in the first place.
- 1:40Speaker 2: Well, the city has admitted it. They admitted when we
- 1:44Speaker 2: had the court hearing back in August 31st that about 7,000
- 1:50Speaker 2: of those 17,000 had already been told they shouldn't have
- 1:55Speaker 2: gotten that letter or had applied for exemptions, which... is
- 1:59Speaker 2: not something that is a process that exists under that
- 2:02Speaker 2: state statute. It's something the Mondani administration made up to
- 2:05Speaker 2: ensnare people. But when you apply, you had to prove
- 2:09Speaker 2: yourself with tax returns. You had to submit your own
- 2:12Speaker 2: tax returns to Zoran Mondani. Can you imagine that? This
- 2:15Speaker 2: is antipathy to wealth and private property ownership. You had
- 2:20Speaker 2: to submit your tax returns to this city hall. But
- 2:23Speaker 2: those people aren't going to owe the tax, and they
- 2:25Speaker 2: had already admitted that. That left $ 10, 000, and thousands more
- 2:30Speaker 2: of them probably won't owe the tax. But now the
- 2:32Speaker 2: city has to do it over because the city was
- 2:35Speaker 2: supposed to make that determination in the first instance. And, Sid,
- 2:38Speaker 2: I want to add one more thing. Thank you for
- 2:40Speaker 2: squeezing me in. I'm on the way to the airport.
- 2:42Speaker 2: I'm on the road. I'm trying to get my way
- 2:44Speaker 2: back to my beloved hometown. But, Sid, we also brought
- 2:50Speaker 2: suit yesterday to kill the pianotare tax altogether. It's unconstitutional
- 2:56Speaker 2: and illegal. So that's the next case. Nobody should have
- 3:00Speaker 2: to pay this tax.
- 3:01Speaker 1: No, I love this. Thank God you said that. I
- 3:03Speaker 1: feel like successful New Yorkers are being punished. I mean,
- 3:07Speaker 1: God forbid you actually work really, really hard and enjoy
- 3:11Speaker 1: some success. That means I got to fit the bill
- 3:14Speaker 1: for everybody else. That's crazy. And now I kept telling
- 3:18Speaker 1: Marshall Kramer last night that even though, yes, Randy Mastro
- 3:22Speaker 1: and the city won this first round, that come January 1st,
- 3:26Speaker 1: the bill is still out there. And I kept thinking
- 3:28Speaker 1: to myself, well, let's get rid of it. So I'm
- 3:31Speaker 1: so happy that you filed that lawsuit yesterday because it
- 3:34Speaker 1: should go away.
- 3:36Speaker 2: Well, and let me just say this, Sid. It's not
- 3:39Speaker 2: just wealthy people. I don't represent, in the case I brought,
- 3:44Speaker 2: the billionaires. There's a second case related, brought by different lawyers,
- 3:51Speaker 2: representing a couple of billionaires. Okay. Billionaires deserve justice, too.
- 3:56Speaker 2: I'm representing people who just happen to have, by circumstance,
- 4:01Speaker 2: a second home in New York City, or who got
- 4:05Speaker 2: ensnared by this tax because they bought or sold on
- 4:10Speaker 2: dates that where the tax retroactively applied means they have
- 4:15Speaker 2: to pay it. Because January 5th, last 2026, is the
- 4:19Speaker 2: effective date. Whoever owned it on the 26th. If you
- 4:22Speaker 2: bought it after that, you're going to end up, your
- 4:26Speaker 2: unit or your home, you're going to end up owing
- 4:27Speaker 2: the tax if the person who was in there on
- 4:30Speaker 2: January 6th, 5th, 2026, owed the tax. And here's one
- 4:38Speaker 2: that just drives me nuts, Sid. Somebody bought their place
- 4:43Speaker 2: from an estate. The only place an estate lives is heaven.
- 4:48Speaker 2: But because the estate owned the place on January 5, 2026,
- 4:53Speaker 2: sold to this new owner, a New Yorker who pays
- 4:56Speaker 2: New York City taxes. In February, that person owes the
- 5:00Speaker 2: surcharge for 2026. That is insane. Insane. Insane.
- 5:05Speaker 1: Yeah, insane. So do you really feel, I know you
- 5:08Speaker 1: don't get into these things to lose. You're a winner,
- 5:10Speaker 1: Randy Mastro. You just are. You're a winner, whether you're
- 5:13Speaker 1: working for Giuliani or Eric Adams, depending on the city.
- 5:17Speaker 1: Do you really feel in your heart of hearts, you've
- 5:19Speaker 1: got a pretty good case to make this whole thing
- 5:22Speaker 1: go away?
- 5:23Speaker 2: Oh, I think we have a great case because the
- 5:27Speaker 2: core of the case, federal constitution, the founders, they embodied
- 5:32Speaker 2: in the constitution. You can't discriminate. A state can't discriminate
- 5:36Speaker 2: against citizens of another state. And the state can't burden
- 5:42Speaker 2: interstate commerce. Well, that's exactly what this tax was intended
- 5:46Speaker 2: to do. We don't have to guess. The intent and
- 5:48Speaker 2: effect of the tax is to go after out-of-staters who
- 5:53Speaker 2: have a second home in New York City. The governor
- 5:56Speaker 2: said it. State legislators said it. Mondani said it. They
- 5:59Speaker 2: all said it. So we don't have to guess. And
- 6:03Speaker 2: that's illegal under the federal constitution, something called the Privileges
- 6:06Speaker 2: and Immunities Clause and the Dormant Commerce Clause. And more
- 6:10Speaker 2: than that, you know, they actually tried to hide under
- 6:14Speaker 2: the state constitution that this is a tax. They called
- 6:18Speaker 2: it a surcharge. But a tax by any other name
- 6:21Speaker 2: would cost as much. This is a tax. And as
- 6:24Speaker 2: a tax, there's a cap under the state constitution. on
- 6:28Speaker 2: how much can be raised through real estate property taxes.
- 6:33Speaker 2: This legislation purported to exempt this tax from that cap.
- 6:38Speaker 2: That's illegal under the state constitution. So for all those reasons,
- 6:42Speaker 2: and the retroactive application to have the tax... apply as
- 6:48Speaker 2: of January 5th, even if the new owner is a
- 6:51Speaker 2: New York City taxpayer and lives in New York. I mean,
- 6:55Speaker 2: that is insane. So for all those reasons and more,
- 6:59Speaker 2: we should win several times over.
- 7:02Speaker 1: Love this. Two more quick ones. I know you've got
- 7:03Speaker 1: to fly home. You're also representing the landlords in this
- 7:06Speaker 1: ridiculous frozen rent case. where people are claiming, hey, the
- 7:10Speaker 1: mayor kept his promise. He said he was going to
- 7:12Speaker 1: freeze rents and he did it. Now, correct me if
- 7:14Speaker 1: I'm wrong. It's only a few apartments, only a few
- 7:18Speaker 1: compared to all the apartments in New York City. And
- 7:20Speaker 1: the truth is, while he may be making some tenants happy,
- 7:24Speaker 1: he's screwing off the landlord. So it's not a win
- 7:27Speaker 1: for the mayor and New York City either, is it?
- 7:31Speaker 2: It is not for the following reason. OK, we say
- 7:35Speaker 2: we want to have more affordable housing. Well, small landlords
- 7:39Speaker 2: can't afford upkeep and to improve their properties and keep
- 7:45Speaker 2: them on the market when they don't get any fair
- 7:49Speaker 2: rent increase, because they're This rent freeze, unprecedented in city history, zero, zero,
- 7:57Speaker 2: across-the-board freeze, never happened before. That really kills the small
- 8:02Speaker 2: landlords and has prevented them from— this is the count. You
- 8:07Speaker 2: see it on TV ads now that some affordable housing
- 8:10Speaker 2: group is running 60,000 empty apartments because the landlords can't
- 8:16Speaker 2: afford to keep them up and put them on the market.
- 8:19Speaker 2: This is insanity. Again, I hate to use that word,
- 8:22Speaker 2: but this policy makes no sense. And the Mondani administration
- 8:26Speaker 2: imposed it on what's supposed to be an independent rent
- 8:30Speaker 2: guidelines board for the first time in its history doing
- 8:33Speaker 2: a zero-zero across the board rent freeze. And here's the rub, right?
- 8:37Speaker 2: Last night, a little before midnight, the city was ordered
- 8:41Speaker 2: by a judge to produce documents. Top city hall officials
- 8:47Speaker 2: and the rent guidelines board Just that they produced hundreds
- 8:54Speaker 2: of documents, including from their personal devices. We couldn't get
- 8:58Speaker 2: into them last night because the way they were produced,
- 9:00Speaker 2: the codes didn't work. We're getting into them this morning,
- 9:03Speaker 2: and we will have so much more to say about
- 9:05Speaker 2: that later today. We got those documents, and we can't
- 9:08Speaker 2: wait to review them.
- 9:09Speaker 1: Oh, my God. I got to call you later. I
- 9:11Speaker 1: got to hear myself. Last one, Randy, you're a great
- 9:14Speaker 1: friend of the Jews. in New York. You really are.
- 9:16Speaker 1: Every administration you work with, you actually love the Jewish
- 9:20Speaker 1: people and care. I don't care how many videos this
- 9:23Speaker 1: guy does. I don't care what Sukkot he goes to,
- 9:26Speaker 1: Lubavitch or Satmar. I don't care if he spends $ 7
- 9:29Speaker 1: million or $ 7 billion. No one's going to convince me
- 9:32Speaker 1: that Mamdani is not a raging, I mean a raging anti-Semite,
- 9:37Speaker 1: him and his skank wife. You don't got to say that.
- 9:39Speaker 1: I'll say it, OK? But did you see this ridiculous
- 9:42Speaker 1: video he put out yesterday where he's combating anti-Semitism?
- 9:48Speaker 2: I haven't seen it personally. And Sid, you know, I
- 9:51Speaker 2: don't use the same language you do, particularly not when
- 9:53Speaker 2: I'm talking about wives. But let me just say this.
- 9:57Speaker 1: You may not use the same language, but you may
- 9:59Speaker 1: not disagree. right, Randy?
- 10:01Speaker 2: Well, I agree that Our mayor is not standing up
- 10:09Speaker 2: against anti-Semitism, and I have heard and read about what
- 10:14Speaker 2: he put out yesterday. Where is the actual definition of anti-Semitism?
- 10:19Speaker 2: There's an international definition. It was accepted. and has been
- 10:24Speaker 2: accepted around the world, and that Eric Adams, by executive order,
- 10:28Speaker 2: made the definition of anti-Semitism, the official definition for our city,
- 10:32Speaker 2: that Mondani voided on day one, and he still doesn't
- 10:37Speaker 2: have a definition of anti-Semitism. And of all those crime categories,
- 10:40Speaker 2: what crime category is going up? And thank God our
- 10:43Speaker 2: police are doing a great job. Hate crimes against Jews.
- 10:48Speaker 2: Hate crimes against Jews.
- 10:51Speaker 1: It is funny that he's trying to combat anti-Semitism, but
- 10:54Speaker 1: like you said, he wiped out that executive order day one,
- 10:58Speaker 1: defining anti-Semitism, and at no point yesterday did he define anti-Semitism.
- 11:04Speaker 1: Hard to really defeat something when you're not exactly sure
- 11:07Speaker 1: how to describe it. That's Mayor Mamdani. Listen, Randy, again, congratulations.
- 11:12Speaker 1: The work you're doing for this city is really unbelievable.
- 11:16Speaker 1: You should get like a New York Purple Heart or something.
- 11:18Speaker 1: I don't know. You really are spectacular, Randy Mastro. We
- 11:21Speaker 1: love you. Thank you so much.
- 11:23Speaker 2: Thank you, Sid. Appreciate you. Bye-bye.
- 11:25Speaker 1: Appreciate you, too. Have a safe trip home. Randy Mastro
- 11:28Speaker 1: right there. So there it is. The mayor now has
- 11:30Speaker 1: to redo that whole peer-to-peer tax nonsense. And now Randy
- 11:35Speaker 1: is trying to make the whole thing go away. I
- 11:37Speaker 1: would love that. He's also fighting for the landlords in
- 11:40Speaker 1: this process. frozen rent fiasco, another fiasco by the mayor.
- 11:43Speaker 1: And as I said at 6 o'clock, and he just
- 11:45Speaker 1: reiterated it, the fact is you can't fight something you
- 11:49Speaker 1: don't define. And the reason why Mamdani doesn't define anti-Semitism
- 11:54Speaker 1: is because he's guilty of it almost every single day.
- 11:59Speaker 3: Thanks for listening to Sid and Friends in the Morning.
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- 12:26Speaker 3: so you never have to wonder.
- 12:28Speaker 1: What the heck is going on here?