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Paddy
Citizen
Username: Paddy
Post Number: 208
Registered: 5-2001
| | Posted on Sunday, August 6, 2006 - 8:59 pm: | 
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Has anyone successfully appealed their property tax assesment? And if so did you use a lawyer or do it solo? Please let me know who the lawyer was, thx. Would also appreciate any tips. |
mlj
Citizen
Username: Mlj
Post Number: 369
Registered: 6-2001
| | Posted on Monday, August 7, 2006 - 9:02 am: |
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When Maplewood reval took place some years back, the appeal process was that first, you met with a rep from Maplewood tax assessor's office, and state your case. There were many residents doing this, so we did not meet directly with Mr. Galante. The rep simply took information you provided.
For example, homes similar to yours in the same location had a lower assessment than your house (hence lower taxes), but had more property or rooms or bathrooms, whatever. About a week later we received the decision in the mail. Our assessment was lowered $30K, but it really did not provide much tax relief. The next step would be to appeal to Essex County (which we did not do). Call the tax assessor's office in your town and ask about the appeal procedure. I don't know of anyone retaining counsel to do this, but would be curious to hear about it. |
Joe R.
Citizen
Username: Ragnatela
Post Number: 511
Registered: 6-2004
| | Posted on Monday, August 7, 2006 - 4:34 pm: |
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Appeals of assessment are done all the time and lawyers are often involved. If you PL me, I will share some details. The key concept to keep in mind is that you are not appealing your tax bill, you are appealing the assessed valuation on which the bill is based. Also, in 2006 Maplewood assessed its property at 66.38% of FMV on average. A margin of error is allowed the assessor by law, so in order to prevail, you would actually have to prove that the assessment is more than 76.34% of the FMV. For most of us in Maplewood and SO, this is tough to prove with appreciating home values since the reval.
Another temptation is to compare your house and assessment with a neighbors.."He has a bigger house and a lower assessment". This is inadmissible. Believe it or not, every taxpayer in the County has the right to appeal any other assessment in the county and you can seek to have that assessment increased. I have only heard of this being done under the most unusual circumstances and it does not make for good neighbors and it doesn't get you anything other than perhaps a sick sense of satisfaction.
If your assessed value is over $750,000, you can appeal directly to the Tax Court. If less, you have to first appeal to the County Tax Board and then to the Tax Court if you are still not satisfied. Most of the time, to prevail, you will need the help of an appraiser unless you have purchased your property very recently in an arm's length deal. The deadline, statewide, is April 1. |
Billy Jack
Citizen
Username: Kendalbill
Post Number: 212
Registered: 6-2002
| | Posted on Tuesday, August 8, 2006 - 4:39 am: |
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If a neighbor appeals the assesment and wins, does that not mean that my property taxes will go up?
Back when we were going through property tax hell in Maplewood, I heard more than a few neighbors brag that they were able to get their tax reduced, and not always for logical reasons. I am sure there are legitimate appeals (like paddy's and mlj's), but I think everyone needs to understand that it is all one big bucket of money. If you don't put in as much, your neighbor puts in more. By all means, disparities should be addressed...but realize what you are doing. |
Paddy
Citizen
Username: Paddy
Post Number: 209
Registered: 5-2001
| | Posted on Tuesday, August 8, 2006 - 1:56 pm: |
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BJ -- I agree, if we were paying what I thought was fair, we wouldn't consider. we have an avg size 3 bedroom, maybe 1/3 acre and are paying $15-16K now. A sizeable increase came from improvements we made from the house this year even though it did not increase the size of the actual footprint. I'll pay my share but I find it unfair that cosmetic changes imppact your tax base when houses that are 4-5 bedrooms with more land are paying. The whole permit system is a revenue stream and that should not be the model, especially when they reevaluate every 30-40 years. Not like they reaassess down when the house gets outdated. |
Billy Jack
Citizen
Username: Kendalbill
Post Number: 213
Registered: 6-2002
| | Posted on Tuesday, August 8, 2006 - 3:33 pm: |
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No argument from me, the taxes here are outrageous. Just chiming in. |
Bob K
Supporter
Username: Bobk
Post Number: 12346
Registered: 5-2001
| | Posted on Tuesday, August 8, 2006 - 3:50 pm: |
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The only time you can use comparable houses in a tax assessment appeal is right after a reval. Otherwise you are stuck with appeals based on the equalization ratio, which is what Joe R is talking about.
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Joe R.
Citizen
Username: Ragnatela
Post Number: 520
Registered: 6-2004
| | Posted on Tuesday, August 8, 2006 - 10:59 pm: |
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"If a neighbor appeals the assesment and wins, does that not mean that my property taxes will go up? "
Theoretically, if your assessment goes down by $100K and it is not made up someplace else (new construction, additions etc) and if the Town, County and School Board have the same budgetary needs, every taxpayer in town would have a tiny share in picking up the difference (yes, even you who successfully appealed your taxes the year before).
"The only time you can use comparable houses in a tax assessment appeal is right after a reval."
Bob K, even after a reval, this is an impermissible approach. Having said that, it is the most common approach for residents and the Tax Assessor will often entertain such arguments even though he/she should not. One of the goals of a reval is the restoration of uniformity within neighborhoods and between property classes. There is no ratio to speak of in the year of a reval and no margin of error (the "Common Level Range").
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Billy Jack
Citizen
Username: Kendalbill
Post Number: 216
Registered: 6-2002
| | Posted on Wednesday, August 9, 2006 - 7:27 am: |
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Joe R.- just to clarify: my understanding is that your explanation works if one taxpayer succesfully appeals and the other taxpayers don't- then the increase is tiny. If 10% of the taxpayers appeal (a big number but I'm making a point) and you are in the upper quartile of property tax payers, wouldn't your taxes go up to a degree that is not tiny? |
Bob K
Supporter
Username: Bobk
Post Number: 12351
Registered: 5-2001
| | Posted on Wednesday, August 9, 2006 - 7:52 am: |
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Joe, when MW had its reval we were specifically told that comparisons would be accepted by the county tax board for those appealing their assesments. This is news to me.
Billy Jack, say there are ten houses each valued at $100,000 with $1,000 in taxes. You appeal and have your valuation decreased to $90,000. Your taxes go down by $100. This amount is spread amongst the other nine homes. Each gets their taxes increased by 1/9th of your reduction or $11.11. The taxing authority collects the same amount in taxes. |
Factvsfiction
Citizen
Username: Factvsfiction
Post Number: 1360
Registered: 4-2006
| | Posted on Wednesday, August 9, 2006 - 6:17 pm: |
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You need your own expert to counter the findings of your town's tax assessor or
re-assessment or re-val company at the County level or otherwise. If you don't want to spring for one, reconsider filing any appeal, IMHO. |
Billy Jack
Citizen
Username: Kendalbill
Post Number: 221
Registered: 6-2002
| | Posted on Wednesday, August 9, 2006 - 6:25 pm: |
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Thanks, Bob K. Thought that the way it worked. |
Joe R.
Citizen
Username: Ragnatela
Post Number: 521
Registered: 6-2004
| | Posted on Thursday, August 10, 2006 - 4:37 pm: |
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"Joe, when MW had its reval we were specifically told that comparisons would be accepted by the county tax board for those appealing their assesments. This is news to me."
Bob: I can't say what anyone told you, but comparisons from sales of similar property are always acceptable. Comparisons to other assessments are never acceptable. If you think about it, if your assessment is inaccurate, what's to say the comparaable assessment you are relying is accurate. They are inherently unreliable...especially in a place like Maplewood where no two homes are alike. You are only entitled to an assessment which bears a fair relationship to the value of your property, nothing more and nothing less.
"Joe R.- just to clarify: my understanding is that your explanation works if one taxpayer succesfully appeals and the other taxpayers don't- then the increase is tiny. If 10% of the taxpayers appeal (a big number but I'm making a point) and you are in the upper quartile of property tax payers, wouldn't your taxes go up to a degree that is not tiny?"
Billy: Obviously the larger your assessed value, the bigger piece of the pie you pick up when ratables are lost.
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