LOWER YOUR PROPERTY TAXES BY CONTESTING YOUR ASSESSMENT
The Deadline for Most New York Property Owners to Contest Their Assessment is May 24, 2022
By Nicholas J. Scarantino, Esq.
Grievance Day falls on the 4th Tuesday in May every year, and in most New York Counties, that has not changed for 2022. The pandemic will likely continue to affect the real property tax grievance process this year, such as limiting public access into the assessor’s office to review assessment records, how to drop off grievance forms, or if you will be allowed to appear in person at the Board of Assessment Review Hearings. Since 2020, many cities, towns and villages have conducted these hearings remotely by Zoom or teleconference.
New York property owners know that paying their property tax bills can be a big financial burden. The amount a property owner is billed for a particular property is determined by multiplying the applicable property tax rates against that property’s assessment. Thus, a property with a lower assessment pays lower property taxes compared to a property in a similar location with a higher assessment. You probably cannot do anything to lower the tax rates that apply to you, but you may be able to lower your assessment to help lower your property tax bills.
Here is how to determine whether your assessment may be too high and how to go about getting it lowered:
All properties in the same city, town or village should have their assessments set at the same percentage of market value. In many locations, an equalization rate specific to the particular city, town or village is published annually which informs the property owners of the percentage of value at which their properties are assessed. For example, the equalization rate in the City of Binghamton is currently 79%, meaning a property with a $79,000 assessment is listed with the assessor as having a $100,000 fair market value. In some municipalities such as the Town of Vestal and the Town of Triangle (including the Village of Whitney Point), the equalization rate is currently 100%, meaning that the property’s assessment and listed value are the same, sometimes referred to as “Full Value.”
In order to maintain Full Value, these municipalities are obligated to continue to re-evaluate their properties. In 2021, most residents in the Town of Vestal saw their assessments change (most of them increased) after such a re-evaluation of residential properties as a result of increased property sales data and market trends from the past several years.
If in reviewing your property’s assessment you think you can prove that its listed value is too high, then you may have a good argument for lowering your assessment. Good supporting facts include the recent purchase of your property for substantially less than its listed value, an appraisal indicating your property’s value is substantially less than its listed value, or properties similar to your property were recently purchased or sold for substantially less than your property’s listed value. The fact that neighboring properties are worth more than your property but have lower assessments is most of the time not a sufficient argument.
It is important to act quickly if you think you have a good argument for lowering your assessment. A property owner that wants to contest their assessment must first file a grievance application with their local board of assessment review. The deadline in most locations for filing this grievance application is May 24, 2022 for purposes of contesting 2022 school property tax bills and 2023 city, village, town and county property tax bills. In some locations though this deadline is sooner and it’s always best to not wait until the deadline is near.
If the board of assessment review does not provide a satisfactory assessment reduction, then the property owner has the right to commence a judicial proceeding. A property owner can NOT commence a judicial proceeding without having first properly filed a grievance application. The failure to follow the proper procedures can result in the property owner not being able to contest their assessment or reduce their tax bills for a full tax year.
The laws that apply to contesting assessments can be very technical and have harsh consequences. An attorney who has experience contesting assessments can use the law to your advantage and can provide insight into potentially improving the outcome. If you have a good argument, an attorney that handles these matters can advise you how much you may be able to save on your property tax bills.
Levene Gouldin & Thompson, LLP has attorneys experienced in handling these matters that are happy to assist you and answer any questions you may have.
Contact: Nicholas J. Scarantino, Esq.