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Nassau County Home Tax Grievance and Home Buyers Rights?

Asked by Long Island Real Estate, New York Thu Mar 6, 2008

Nassau County taxation is among the highest taxes in any location in America and for good reason. Among other reasons that need to be addressed the most unashamed Nassau County policy in assessing residential properties to their value sold on the international real estate market today to base their tax assessment. We’re home owners in Franklin Square with a Cape worth $420,000 and being taxed $11,666.31 annually at the County’s assessment value at 542,300.00. Our house is on the market at $439,000 and will sell at $420,000. We grieved our taxes in 2007 and 2008. What do you have to Say?

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14
Feona,

You're not alone, tens of thousands of other Nassau residents are in the same situation! This is how i'm selling my home now in Franklin square, New York. I grieved my taxes in 2007 to actual value then at $420,000. ARC, Nassau County Tax Assessment just offered me a reduction at $475,000 to the value of our property 2 years ago. The comps I submitted then are indisputable to the true value to my home when grieved $420,000. I denied the $475,000 on the spot and was threatened we won't get any reduction at all from the $542,000+ value they assessed at in 2007 for 2008 in we don't accept the done deal at $475,000. Watch for us in ABC News, Channel 12 News, and Newday, when we bring them to the Nassua County Supreme Court next month after their deadline for final decision April 15, 2008. Crooks, you are a very kind person.
1 vote Thank Flag Link Tue Mar 18, 2008
We all know we in trouble, as always taxes are out of control. New buyers please work with property tax reduction consultants, the will save you money, time and aggravation. I'm doing that from day one so far so good.
0 votes Thank Flag Link Thu Apr 7, 2016
My problem is not an assessment of the property its the senor tax break being denied and do not know why and they sent me a letter to file an article 7 and do not know what that is or how to file it HELP
0 votes Thank Flag Link Tue Apr 5, 2016
Tiny oversights like this almost always turn lawsuits one way or the other. In court, people are often not willing to let little things go if it will give them an advantage. Losing track of dates is a horrible oversight. I hope that nothing like that ever happens to me.
http://www.acutransaloft.com/site/grievance-software.html
0 votes Thank Flag Link Wed Nov 19, 2014
I'd say you continue to keep filing for a tax grievance every year! That's what we have been doing, and the best part is you don't necessarily have to hire a lawyer or go to court. There are many services readily available to help us, the homeowners. in this respect. I'd say go and Google tax grievance companies in the area and find one you like. I'd recommend The Heller & Clausen Group though as that's who we've used in the past and they absolutely know what they're doing and have been able to get us a reduction every single time.
0 votes Thank Flag Link Mon Jun 4, 2012
We were serious. Nassau County Tax Assessment said they would make a deal at $475,000 in 2007, we said, $420,000 or court. We brought our real estate broker who is an expert in real estate value in Nassau County, especially Franklin Sqaure. When the Nassau Tax Assessor's appraiser was asked if he was in any of the homes the County was using as comparables or personally inspected any of the homes to our comparables, he said no. Our real estate broker was in every house sold in Franklin Square to all the comparables. The judge reduced the assessed value of our house by 25%, the most the assessment can be reduced in one year under the law in Nassau County.

In 2008, we were indisposed to go to court again, and our assessed value was slightly raised; believe these people, raising the assessed value when real estate value in Franklin Square crashed 15% that year.

We'll, we grieved again in 2009 and it looks like court again. We'll let you know how we make out. 95% percent of the homeowners and commercial property owners should take Nassau County to Court.
0 votes Thank Flag Link Wed Feb 17, 2010
If you are serious about grieving your taxes then file your grievance at the County with a certified appraisal. An appraiser is an agent of the state and has a code of ethics to abide by. It also shows that you actually did some work with regard to proving your case of being over assessed, after all the burden of proof falls on the Petitioner. The law states" The assessor is under no obligation to reduce the taxes on real property." Therefore if you just fill out a form and give it to a tax grieving mill, your grievance will probably be denied. However on the flip side of the coin if you paid to have a certified appraisal done, or hire someone reputable that will file a grievance with a certified appraisal, you should see a reduction. I hear cases for the County, and the cases that I hear are because someone didn't put the proper effort into their petition. Best of luck to you, the best advise that I can give is to invest properly in proving your case so that it is accepted by the County, and you never have to get to the hearing level.
0 votes Thank Flag Link Sat Sep 12, 2009
3/26/2008 update to 2007 home tax grievance in Franklin square, New York. Today we received the written final determination from ARC. They denied our 2007 grievance to reduce our taxes to $420,000 assessed true value in 2007 when we grieved stating that we will continue to pay taxes at their assessed value $542,000 at $11,666.42 yearly, stating, “..no reduction of the assessment is appropriate,” signed, [V]ery truly yours, John Peguillan, and further stating in the determination letter that if I was dissatisfied with the determination to seek judicial review under Article 7 of the Real Property Law. And further advising Title 1A provides for a Small Claims Assessment Review Proceeding in which I may represent myself without a lawyer.

Our house is currently listed at $419,000. During our open house prospective buyers ask what out taxes are and stop inspecting the house and leave after their told. We’re reducing the price of our listing price to $399,000 as of 3/29/2008. The disproportionate taxes levied on our house is costing us hundreds of dollars a day due to the capricious arbitrary tax assessment policies in Nassau County.

Moreover, I called the Nassau County Assessment Review commission to speak to John Peguillan. I was put through to a different representative and asked what the limit of reduction to assessment there is in the small claims review and do I have course of action if I am not satisfied at that hearing. The representative stated there was no limit to assessment and that she thinks I can appeal that decision to the courts. I asked her if she was sure and she stated she’s pretty sure.

I called the Nassau County Supreme court and spoke to Mr. Chris Fracas. He explained to me that I have two choices: the small claims hearing approach which is final, other than bringing and article 78 proceeding against Nassau County if I was not satisfied with the outcome, or bring the action directly in front of a Nassau County Supreme Court judge where I can sue for back taxes, interest and damages to the sale of my property which can be appealed if I am not satisfied with the outcome. He further said I couldn’t do both, small claims hearing and Supreme Court action, stating I can’t have two bites at the apple.

Five minutes later Peguillan” Office called me back. The representative encouraged me to go to small claims court arbitration and that I can get up to 25% assessment relief, that it’s only 30 dollars to file and I don’t need a lawyer. I told her 25% reduction is not enough and can I address this matter at a different level. She said she thinks so but I’ll need a lawyer and it’s much more expensive and takes a lot longer. I asked her where I would file that and she said she didn’t know she’s only a secretary. I told her I know the true value of any house sold on the international market and a little about my experience. She said that I must be a very powerful person. I told her, “I sure am, I’m a resident of Nassau County of 52 years, a homeowner paying taxes, and I vote, just like the other million plus powerful homeowners in Nassau County.

I’ll keep you updated. We’ll be filing in Supreme Court before the end of April, 2008. In the meantime, anybody want to buy a house, Cheap? Nobody wants to pay these taxes!
0 votes Thank Flag Link Wed Mar 26, 2008
Neither Nassau County, nor the Dept. of Assessment (Chairman Harvey Levinson), Assessment Review Commission (Chair: Jeffrey Gold, D'Amato's wife et al) nor the Democratic Legislators care about the real value of homes in Nassau County. On numerous occassions, too many to count, I have spoken with Levinson, Jeff Gold, et al of ARC as well as Dem. Legislators regarding the blatant arrogance of these departments when it comes to the truth. They only wish to get the most revenues no matter who suffers!
I would quote some of the more famous lines I've been given but I'd probably be taken to court.
They agree the system is botched but refuse to do what is necessary to fix it. They simply say " Its up to the tax payer's to file a grievance". YOu are not allowed any rights as residents of Nassau County.
You cannot even record the Supreme Court assessment hearing which is not recorded in any manner so you can appeal at $300/filing fee in the Supreme Court under Article 75. But that's okay, right, because Jeff Gold, et al work a few hours a year and get free health benefits or get reimbursed the value of those benefits if they choose not to take them!!!! Do you believe the gall!!!?
ARC refuses to acknowledge any real appraisals from professionals! Harvey Levinson states outright that even if you have a valid appraisal, there is a variance of 10% between appraisers so no matter what they do its right because they don't have to pay the taxes. Take a look at the Fair Market value they have on their site these days - not the taxable value! Its a $100K more than the taxable value - wrong but its there all the same!
Be prepared to pay big time the minute Nassau has a budget crisis. If your house sells for 100K less than what they say its worth, they will not give you a refund on the taxes you paid. Take a look at the houses that sold this past fall and look at the values that Harvey and ARC say they are worth. It will shock you! And there is NOTHNG you can do about it.
There is no transparency in the process
There is no recourse in a closed system.
Your Nassau County legislators do not want to freeze your assessments (only the republicans do).
The market has been dropping drastically and they still REFUSE to reduce your assessments and the best they can do is smoke and mirrors.
Someone tell me who is running the class action suit because there are a lot of people who wish to jump on board!
0 votes Thank Flag Link Fri Mar 21, 2008
Gail,

Forget about my pain, I have none. I have opportunity to address this issue in Nassau County Supreme Court. Talk about pain and a significant factor in residents losing their homes to foreclosure or relocating from Nassau County because of the assessment practices of Nassau County. There's tens of thousands to hundreds of thousands of Nassau County households being overtaxed to their residential real estate holdings. Every single Nassau County taxpayer should have their property physically valuated to it's true market value sold on the market today, grieve there taxes and accept nothing less in Nassau County assessment than the true value to their property. In every case the County does not comply with the true value from appeal, every taxpayer should take the County to Nassau Supreme Court where the tax payer's evidence will be indisputable. Don't be surprised if there is a class action suit against the County in the future from the taxpayers that didn't wave their rights.
0 votes Thank Flag Link Thu Mar 20, 2008
Feona,

We just lowered our asking price to $419,000 to our Franklin Square property. In the mls listing the agent is informing potential buyers that when we win out indiputable grievance w/ Nassau County, the tax reduction will follow the buyer because as soon as we're in contract, the buyer will be added to the 2007 and 2008 grienvance therby affording them the same rights to reduction. From then on they will have to grieve every year like everyone else out here or pay big time for doing nothing about it. Any questions check my profile and give me a call, I'm always happey to help a fellow resident.
0 votes Thank Flag Link Tue Mar 18, 2008
our house is going tp sell for about 450,000.

our taxes are based on a 530,000 house.

crooks!
0 votes Thank Flag Link Tue Mar 18, 2008
As a fellow homeowner, I feel your pain. My daughter purchased a home for $295k and is being taxed at a $400k value. I recommended she file a grievance in small claims court and pursue it.

Please write to your representatives and complain, but make sure you are registered to vote before you do...your vote counts! Vote those in who support the overtaxed property owners.
Web Reference: http://GailGladstone.com
0 votes Thank Flag Link Thu Mar 6, 2008
Every Nassau County homeowner must grieve their home taxes every year. Every year homeowners receive mailings by so called tax grievance experts that take a percentage to taxes saved. For one, nobody, but nobody can assess the true value to any residential property in Nassau
County or anywhere else without doing and a physical inspection to the property to asess depreciation, condition, and updates, directly refletive to the properties actual value sold on the international real estate market today; in most cases these assessments by these tax representatives are greater than the properties actual value and homeowners are paying through the nose for it. When a homeowner tries to sell their home and their taxes are in the thousands being over taxed diminish the true value to the property sold on the international real estate market today. How I'm selling my home today with with these taxes in my next post.
0 votes Thank Flag Link Thu Mar 6, 2008
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