Do I Need To Hire An Appraiser To Challenge My Assessment?
It is not always necessary to hire an appraiser to challenge an assessment. For residential properties, it is strongly recommended that a property appraiser be hired. For commercial and industrial properties, it might be necessary to have the property appraised, but there may also be an opportunity to negotiate an assessed value reduction with the assessor during the course of the appeal. For taxpayers who seek a more immediate result, the recommendation would be to get an appraisal sooner rather than later. Our firm works with a number of appraisers who are experts in valuing property for tax appeal litigation purposes. It would be unwise to hire an appraiser who only does work for mortgage or lending purposes, as they might not be aware of the standards and rules for appraising property and engaging in litigation appraisals.
Can I File A Grievance If I’ve Previously Filed One?
If a grievance was filed in New York State, and it was resolved in court, then there will be a three-year freeze following the resolution. This means an individual would be barred from filing a tax appeal for three years. Exceptions to this include instances of damaged property and town-wide reassessments or revaluations. In New Jersey, there is a freeze act which fixes the reduced assessment for the second and third years, but the freeze may not necessarily prevent an individual from filing a tax appeal during the following year if the case had recently resolved. Unless there is a significant decline in the ratio in the given town, it would not be a good idea to file an appeal soon after resolving it.
What If I Miss The Deadline For Filing The Grievance? Is There Anything I Can Do?
If someone misses the deadline for filing a grievance, they will have to wait until the next year to file. However, there will be an opportunity to have a dialogue with the assessor about the property, and to have the property appraised, so that all of the important information is readily available for the next year.
What Happens At The Grievance Hearing? Do I Have To Attend The Hearing?
A property owner must attend the grievance hearing. In New Jersey, an attorney must attend an appeal at the county board level unless there is a prearranged agreement with the assessor. At the hearing, the property owner should present evidence or proof of overvaluation. In New York State, Towns require that data be submitted in advance of the hearing through an information request pursuant to the law, which will be sent in advance of the hearing. If a property owner fails to provide this information, then the appeal could be dismissed. In New Jersey, the same standard applies.
What Are Common Reasons That Property Owners Lose A Property Tax Appeal?
Property owners often lose tax appeals as a result of being unprepared. For example, they may have had the property appraised by an appraiser who does not typically handle tax appeal cases. For this reason, it is really important for the attorney who is representing the property owner to understand the negative consequences of losing an appeal, and to do everything in their power to prevent that from happening.
For more information on Hiring An Appraiser To Challenge An Assessment, a complimentary review is your next best step. Get the information and legal answers you are seeking by calling (973) 227-1912 today.
