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, â€œ..no reduction of the assessment is appropriate,â€ 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. Weâ€™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 sheâ€™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 couldnâ€™t do both, small claims hearing and Supreme Court action, stating I canâ€™t have two bites at the apple.
Five minutes later Peguillanâ€ 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 itâ€™s only 30 dollars to file and I donâ€™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 Iâ€™ll need a lawyer and itâ€™s much more expensive and takes a lot longer. I asked her where I would file that and she said she didnâ€™t know sheâ€™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, â€œI sure am, Iâ€™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.
Iâ€™ll keep you updated. Weâ€™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!