New York State has some of the highest property taxes in the nation. Every property owner will be paying property taxes at least as long as they paying their mortgage and insurance.
What is the process for a property tax grievance?
A- Our team has a multi-step process for managing the property tax grievance. The first step is to obtain information regarding your real property. This will entail determining the property classification and inventory from you and the building department. The next step is to evaluate the market information for comparative sales and generate an opinion of value for the municipal review. The complaint and appraisal report will be filed with the Board of Assessment Review. If the Board of Assessment Review grants the assessment reduction, then the process is complete. If the complaint request is not granted in full, your grievance will prepare and submit a petition for the reduction to the County Court for an appeal. As your representative, our team partners will file your paperwork and attend the hearings.
QUESTIONS: -applicable to properties in New York State.
(Connecticut and other states have different procedures and time frames)
The most frequently asked question-
How do I know if I am eligible to reduce my property tax assessment?
The primary question is if the municipality has valued your home above the fair market value on a specific date (called the “Valuation Date”). Additionally, you may be able to argue that your property assessment is unequal.
If my assessment is incorrect, can we review our historic tax payments?
No. You are limited to protest the property tax assessment for the current tax filing period.
Do you represent commercial and residential property tax grievances?
Yes. We have represented residential and commercial property tax challenges) also commonly known as tax certiorari cases). We represent all commercial property classifications (office, industrial, retail, land, etc.)
Is it required to have an appraisal?
A property owner is not required to have an independent appraisal to contest their property taxes. An appraisal is considered the best evidence of the opinion of value, second only to a recent sale price. A recent arms-length transaction price is considered the best proof of value, although there are exceptions. In some instances, a detailed CMA (comparative market assessment), which includes adjustments, photographs, etc. is used. You are encouraged to speak with a professional for your specific circumstances.
How long is the property tax grievance process?
The time frame to complete a property tax grievance can vary tremendously. Your grievance can take as little as 60 to 90 days when your assessment is approved by the municipal Board of Assessment Review. Should a full property tax reduction not be approved at the municipal review, we will file your appeal. Depending on the property tax relief sought, there could be another 90 to 180 days until there is a final decision on the appeal.
Can I use my own appraiser?
You may use your own appraiser or we can recommend a list of local independent appraisers. The appraiser for your property tax challenge will prepare the appraisal report and attend the hearings.
May we use our current appraisal?
Yes. Your appraisal should closely reflect the opinion of value on or near the Valuation Date. In essence, your appraisal MUST closely reflect sales near the Valuation period and your real property inventory should be the same. (no change in condition due to renovations). If your appraisal is more than two years old, the sales information may be no longer applicable.
Can I file a complaint to reduce my property taxes every year?
A homeowner can file a property tax challenge if they were not granted an assessment reduction in the previous year, however it is more than likely not a practical exercise. If a homeowner has been granted a property assessment reduction by the Small Claims Assessment Review process, they must wait another year to file a complaint with the municipality (assuming there is not a re-valuation). However, if the property resides within a jurisdiction that reconciles their roll at one hundred percent every year, then the property owner may file in consecutive years. The property classification, whether residential or commercial, will also determine the availability of annual filing.
Do you attend the hearings or does the applicant?
We can attend the hearings on your behalf and file your complaint. It is not necessary for the property owner to attend the hearings.
Can our property taxes be reduced because our neighbors pay less property taxes?
In most circumstances, this alone is not a reason to reduce your property tax assessment. If the homes are identical in every respect and the municipality assesses at 100 percent, you could claim an unequal assessment. For most tax grievances, you will require an appraisal to support an unequal or excessive assessment.
What happens if the municipality detects an illegal improvement?
The municipality reviews properties for improvements and will typically increase the assessment based on the level of improvement. The scenario of improvements without building permits is typically revealed when a property is transferred. In the transfer instance, the municipality will increase the assessment based on the improvement, which is generally not to the level of the purchase price. In Jurisdictions that assess at one hundred percent of value, the jurisdiction will increase the assessment to the full value.
May the municipality increase our property taxes because we file an assessment complaint?
No. The property assessment will not be increased should the municipality believe your real property has a higher opinion of value that is posted on the tax roll.
If we are going to sell our home can we challenge our property taxes.
Yes. We are frequently asked by realtors to review the assessment valuation while the property becomes an active listing. This has dual benefits. If the assessment reduction is completed before the sale date, the owner receives the property tax savings. Second, the lower taxes reduce the monthly carry costs for purchasers.
Does Connecticut review property the same as New York State?
No. Connecticut has a different procedure than New York State. Connecticut updates their assessments on a five year schedule, while New York updates their assessments annually. There are also procedural differences.as to when one can file for an assessment review and the length that the assessment applies, as well as differences in the administrative process. (You should consult a professional for your specific situation)