Nassau Real Estate Tax ASIE Penalty

Meyer Suozzi, along with several other law firms, won a further extension of the temporary restraining order preventing Nassau County from collecting the penalties. The County is asking for a guarantee of payment, undertaking (bond) until the issues are finally decided. That hearing will be held on April 20. 2017. The court is considering appointing a special master/referee to conduct hearings and determine the penalties, if any.

It is important to complete any ASIE information requests to prevent new penalties from being imposed. It does not appear, from my perspective, that the ASIE requests are illegal or unconstitutional; however, I believe the current method of enforcing penalties is illegal and unconstitutional.

Nassau Disputed Assessment Fund (DAF)

Many commercial properties in Nassau County have seen their January 2017 general tax bill increase.  The claim is that the October 2016 school tax bill had a decrease for the DAF.  However, there was a substantial tax rate increase on the school and general tax bills.  We have protested the DAF for all of our commercial clients with our complaints to reduce the tax assessment.  With only a few days left until the March 10^th deadline, everyone should have their assessment checked.

Nassau County Assessor’s Income & Expense Statement (ASIE)

Justice Marano of the Nassau County Supreme Court, after hearing arguments from commercial taxpayers’ attorneys, and County lawyers continued the restraining order which prevents the County from collecting ASIE Penalties until further notice. The next court date is scheduled for March 30, 2017.

The Assessor is still entitled to send out new ASIE requests and, if not returned, there will be penalties. If you received a notice of penalties, gather documentation to produce at a hearing. I suspect the Court will either cancel the penalties or order the County to conduct evidentiary hearings before penalties can be collected.