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Real Estate Tax Appeal

10:50 AM 02/19/2013

 

arkady

Park Slope, NY

Does anyone know which forms have to be filled out for the appeal of a small, rental building?  So far I've done TC101 & TC 201 but it looks as if there should be at least one other - & prior to those 2.  I can't find any that refer to buildings worth less than $750,00. & not condo.  I've spent hours looking on line & 311 phone isn't answering.
Thanks!

 

 

10 answers
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  • vote

    vinca

    Brooklyn, None

    You will be much better off consulting an attorney practicing Tax Certiorari than filing this yourself. The reasons will become obvious once you consult, if not obvious already. But if you want forms, they're available here: http://www.nyc.gov/html/taxcom...

    12:47 PM 02/19/2013 | 0 Votes

     

     

  • vote

    arkady

    Park Slope, NY

    Thanks, Vinca.  I have a lawyer friend helping who used to work for Corp. Council of NY.  But I'm trying to keep the burden on him a little lighter.  Several people have told me they've lost even w/ the help of an atty so I figure my chances are even w/o one.  I have compelling arguments.

    1:41 PM 02/19/2013 | 0 Votes

     

     

  • vote

    housepoor

    I am curious to know what arguments readers who have been successful in getting their taxes reduced have used? I know the following don't work:
    "my neighbor pays X, I pay 2X and its not fair"
    "I only paid $100 to do that work, you think it added $500 in value but that cant be"
    "the guy down the street sold for half of what you are valuing my house for"
     
    Short of pointing out mis-classification or other clerical errors, are there strategies which have a shot? I think my taxes are crazy, but I see where NYC simply applied the rules to come up with the number. I would really like to hear from people who got this done.

    3:32 PM 02/19/2013 | 0 Votes

     

     

  • vote

    arkady

    Park Slope, NY

    housepoor - The Tax Comm site specifically says in several places that those are not valid reasons.  Go to the site Vinca posted above & download a few of the forms that look relevant & particularly read the instructions associated w/ each.

    3:35 PM 02/19/2013 | 0 Votes

     

     

    Comments (1)

    • housepoor

      Yes I know they don't work. I am surprised by how many people I know think they are valid reasons though. The NYC Tax website says there are 4 available ground to object to your taxes: excessiveness, inequality, unlawfulness and misclassification -- and that inequality is the most common claim. The site also says "The following circumstances alone do not warrant an appeal: (a) The assessment was increased or decreased from last year; (b) A neighboring property pays less tax; (c) Finances estimated market value is too high or the description of the property is inaccurate."So if a simply comparison to other houses in an area is not a winning argument for inequality, what is?

      5:01 PM 02/19/2013

          

  • vote

    elbow

    Ive tried several times to get our co-op's taxes lowered without success, but I was able to reduce the taxes for a small store by attending one of those open houses held by the Department of Finance.   I said that the rate jumped quite a bit and that the rent I could charge wouldn't cover the tax and wondered if their information was correct.  They reduced my annual bill from around $8,500 to $4,800.

    1:05 PM 02/20/2013 | 0 Votes

     

     

  • vote

    elbow

    Does anyone know about how much it would cost to consult a Tax Certiori attorney?  We don't have much money becuase we're paying it all in taxes.........

    1:09 PM 02/20/2013 | 0 Votes

     

     

    Comments (1)

    • housepoor

      The tax lawyers I have spoken to do it on contingency -- they get cut of the reduction. While that is good motivation, it also means they avoid smaller jobs. I have heard a principal of bsl-taxcert.com (Peter Blond) speak and thought he was very informative (see comment by arkady below). Good luck.

      1:24 PM 02/20/2013

          

  • vote

    arkady

    Park Slope, NY

    elbow - That's precisely the kind of issue I have.  Did you fill out forms or were you able to do it at the open house?  Someone recommended a law firm to me (I haven't tried them yet) & they probably do free estimate:
    http://www.bsl-taxcert.com/

    1:17 PM 02/20/2013 | 0 Votes

     

     

  • vote

    elbow

    I went to the open house with the forms filled out and the google picture and another picture of my store.  They gave me a number to put in for the building's value, which I used.  They seemed ready to help me fill out the forms. Then I had to mail it in.  
    I was so relieved at the lower tax bill and they applied it retroactively for a year!
     

    4:01 PM 02/20/2013 | 0 Votes

     

     

    Comments (2)

    • arkady

      Park Slope, NY

      Would it be possible for you to give me a list of the Form numbers that you sent in? I'd be really grateful - I know it's a bother but I'm desperate to make this work.Thanks.

      12:57 PM 02/21/2013

          

    • elbow

      I ended up filling in every form I could find and sending them in. I even sent to the Tax Commission but was denied because I was late filing the RPIE. Not sure what size or type your building is, so you may not need to do RPIE. My store is a commercial condo.

      4:13 PM 02/21/2013

          

  • vote

    arkady

    Park Slope, NY

    That's very heartening, elbow.  I think I've missed this year's open houses but I'll see if maybe I can get a direct appt.

    4:14 PM 02/20/2013 | 0 Votes

     

     

  • vote

    arkady

    Park Slope, NY

    It's a small building as far as rentals go (massive in size but way underutilized which is part of the protest: it'd be nigh impossible to bring it up to code for greater use - it was fine when the owner was using it for woodworking, etc. but he had a stroke & can't do it any more) - 2 rental apt.s & one office.  I have filed RPIE for many years.

    5:08 PM 02/21/2013 | 0 Votes

     

     

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