Suffolk County Property Tax Grievance Filings - Small Window of Opportunity

Generally speaking, the fair market value of both residential and commercial property throughout New York State has decreased over the past few years. One would think that the Suffolk County assessor's would realize how the economy has adversely affected the local real estate values and thus lower tax assessments accordingly. No such luck. For the vast majority of properties in Suffolk County, the assessments have remained the same over the past several years. Making matters worse, although assessments have not decreased, tax rates have increased. Property owners and tax paying tenants must resort to tax certiorari proceedings in an effort to reduce their tax burden.

On May 1, 2012, the tax assessments for the Ten Towns in Suffolk County, NY will be published. Complaints to each of the town assessors can only be filed from May 1, 2012 through May 17, 2012. A word to the wise, have your Suffolk County tax assessment evaluated on May 1, 2012. Compare the market value the assessor "guesses" to the amount you would expect to receive on a sale of your property. If your assessment is appropriate, celebrate and make a donation to your favorite charity! However, if your assessment is too high, you must file a complaint with your assessor within the two week period listed above. If your property is in a Village, keep in mind a separate examination will need to be done for your Village tax assessment as the Village assessor's market value might be vastly different from the Town assessor's market value.

Beware, once the deadline passes, the assessment will be set in stone and the tax rate increase will not be known until the December bill.

Richard G. Fromewick is the Chair of the Tax Certiorari & Condemnation Law Practice at Meyer, Suozzi, English & Klein, P.C.

Where is My Nassau County Tax Refund?

Recently newspaper headlines in Nassau County have focused largely on the mass rounds of government employee pay cuts and firings. According to the County, the blame for these pay cuts and firings is a $300 million budget deficit.

I understand that expenses have to be cut. However, this layoff scenario in the County Attorney’s Certiorari Department, Assessment Review Commission and Treasurer’s Department is a classic “kick the can down the road” to the next administration. Who will suffer? Certainly, anyone entitled to a tax assessment reduction/refund might not have the wherewithal to wait for relief. Try and tell the mortgage company or the tax receiver “I expect to get an assessment reduction and refund, my attorney settled the case. However, it will be several years until I receive my refund. Can you wait?”

The failure of the Nassau County Legislature and Administration to work with NIFA in accepting over $100 million dollars in bonds to pay off the judgments ordering real estate tax refunds is not only disgraceful, it makes very little sense. Why would the County not want to payoff these interest earning judgments as soon as possible? The slower the real estate tax refund process is, the higher will be the ultimate payout because of the interest accrued. Wouldn’t the County rather spend their money some other way than just paying off interest due? Doesn’t the tax payer deserve their refund immediately?

GREAT ASSESSMENT NEWS!

Most municipalities, including Nassau County, assess properties at a fraction of its estimated fair market value. The Nassau County Assessor has claimed for the past several years to be assessing commercial properties at 1% of its fair market value. However, we have just entered into an agreement with the Nassau County Attorney’s Office to negotiate the 2011/12 and 2012/13 assessments as though the assessments are based on .905% of the actual fair market value.

What exactly does this mean?

If a property is assessed at 10,000, the County Assessor’s website would claim a fair market value of $1,000,000. However, due to the agreement mentioned above, the County Attorney’s Office will negotiate tax reduction proceedings as if the property is assessed as worth $1,105,000.

Thus, if the property is really worth $1,000,000, and the County agrees to negotiate as if the property is assessed at $1,105,000, then the taxpayer would get a 10% reduction in assessment to bring their estimated fair market value down to $1,000,000.

The moral of this story … there is more than one way … to get a tax reduction.

Correcting Nassau County Assessment Errors

On Sunday March 21, 2010, Newsday featured a lengthy article about Nassau County’s substandard real estate tax assessment system. It was an extremely unflattering story and, unfortunately for Nassau County real estate taxpayers, it was all true. Nassau’s assessment system is broken and has been in disarray for many years. There are over 420,000 individual parcels in Nassau County, yet the County does not have the infrastructure to value them correctly. There are several different computer systems used in assessor’s office, frequently containing different information due to human errors made while inputting data from one system to another.

Examples of assessor’s office mistakes include the assessment of a half-acre parcel as a two-acre parcel, the assessment of a three bedroom split-level house as a five bedroom colonial house, etc. etc. etc. Some mistakes will have no affect on the real estate taxpayer because the assessment, despite erroneous descriptions, can still be based on the correct market value. However, some mistakes can result in unrealistic market values and inflated real estate tax bills. The good news is that these mistakes can be corrected, even if a protest was not filed prior to this years March 1, 2010 deadline.

Everyone paying real estate taxes for property in Nassau County should click here to verify the County’s description and compare your assessments to your neighbor’s. It only takes a few minutes, and in the end could save you $$$.