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Property Tax Protests

Samuel Miller, Esq. has a particular concentration in the area of real estate tax certiorari, which involves the protesting of real estate tax assessments for both residential and commercial properties. Recently, Nassau County has engaged in a countywide practice of reassessing all properties each and every year. Such reassessment has resulted in vast errors and inaccuracies in the calculations of real estate tax assessments, which has, in turn, caused property owners to overpay their real estate taxes.

The Real Property Tax Law provides all property owners with the right to challenge the real estate tax assessment levied and imposed on their properties each and every year. The law provides that assessments may not be increased more than 6% per year or 20% over five years. In order to preserve your right to challenge your real estate tax assessment, you must file a complaint each year.

The filing period in Nassau County commences on January 2 of each year and ends on March 1. On January 2 of each year, the Nassau County Department of Assessment issues a tentative assessment, which does not become final on the assessment roll until April 1 of the following year. The law provides property owners with a 30 day period to appeal the denial of their application to reduce their assessments, ending on April 30th of each year.

The filing period in New York City is similarly from January 2 of each year until March 1 for most properties. New York City also engages in the practice of reassessing every property each year, which often results in substantial errors and inaccuracies in determining the actual market value of properties.

In order to determine whether or not you have a valid claim for a reduction in your real estate tax assessment, you must determine the correct market value of your property. For single family homes, this is accomplished through a market analysis of recent sales of comparable homes in your neighborhood. Samuel Miller, Esq. is able to conduct such an analysis for you at no charge. For commercial properties, in addition to recent sales of comparable properties, market value can be determined by analyzing your property’s income and expenses, and applying the appropriate capitalization rate to your net operating income.

Legal fees are only imposed in the event Samuel Miller, Esq. is successful in obtaining a reduction in your property’s assessed valuation. If there are no tax savings realized, there is no legal fee imposed. Samuel Miller, Esq. has been successfully protesting real estate tax assessments for 22 years.

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