BLOG: Property Tax Appeal
Chapter 91: Read Instructions Carefully Before Handling!
We have written extensively on this blog about N.J.S.A. 54:4-34, also known as “Chapter 91.” This statute allows a municipal tax assessor to request from commercial property owners certain income and expense information. Failure to provide a timely response to such a request is grounds for a municipality to move to dismiss a tax appeal... Read More
Expert’s Mistake Sinks Valuation Case
In Dwight Associates v. Fairfield Twp. the taxpayer appealed the 2009 through 2011 assessments on an industrial/warehouse building in Fairfield (western Essex County). The appraisers for both parties were in agreement on all but one issue – market rent. The experts agreed that the income approach was the most appropriate valuation method and agreed also... Read More
No Landlord-Tenant Relationship Means No Dismissal Under Chapter 91
A recent opinion by a Tax Court judge denied a municipality’s request to dismiss a property owner’s tax appeal because he found the property was not income producing under N.J.S.A. 54:4-34, also known as “Chapter 91”. In Greenwood ACRA, Inc. v. Twp. of Hamilton, the property owner failed to respond to a Chapter 91 request... Read More
After the Storm: Property Tax Issues After Sandy
As New Jerseyans dig out from the devastation of Hurricane Sandy, the last thing on their minds may be next year’s property taxes. But unless a property owner notifies the assessor before January 10, 2013 that his or her property has been damaged, destroyed or “materially depreciated” by the storm, next year’s taxes could be... Read More
ANOTHER ONE BITES THE DUST! Taxpayer’s appeal stuck down by Township’s Chapter 91 Attack
In HPFVI Pisc. Portfolio v. Piscataway Twp., the plaintiff taxpayer challenged the $2.25 million assessment on its property. In response, the Township of Piscataway filed a motion to dismiss the complaint alleging that the plaintiff failed to respond to the assessor’s request for income and expense information made pursuant to N.J.S.A. 54:4-34 (“Chapter 91”). The taxpayer opposed... Read More
Holiday House in Cape May enjoys property tax holiday as exemption is granted.
The Tax Court granted an exemption to Holiday House, a Christian retreat house that is owned by the Girls Friendly Society of Pennsylvania (GFS) located in Cape May. GFS is a religious and charitable nonprofit organization. The Holiday House is 4,400 square feet, with 35 guest rooms and can accommodate up to 50 guests. Built... Read More
New Jerseyans “Only” The 2nd Most Taxed in The Nation
NJBiz reports that state residents paid 12.4% of their income in state income and local property taxes, which is the second highest percentage in the nation behind New York. While NJ has held its unenviable second place position since 2005, the 12.4% rate is the highest it has been since 1977. A copy of the... Read More
Former Justice Questions Tax Court Judge’s Authority
After making news the last couple of years for his views on the temporary assignment of Appellate Division judges to the Supreme Court to fill vacancies that were created after other justices retired or were not reappointed by the Governor, former New Jersey Supreme Court Justice Roberto Rivera-Soto has argued that the conviction of a... Read More
“Empty Shells” – Vacant corporate offices cast a long dark shadow over NJ’s economy and local budgets.
A featured article in the Sunday Star Ledger, Empty Shells, Abandoned Corporate Offices Leave Huge Economic Void in N.J. reviews the impact that corporate downsizing is having on Main Street in New Jersey. From Merck in Whitehouse Station (Readington Township) in Hunterdon County to Bell Labs in Holmdel in Monmouth County, large corporate office closures result not... Read More
Tax Court: No Harm, No Foul
In a recent appeal to the Tax Court from the judgment of the Monmouth County Board of Taxation, which affirmed the 2011 tax assessment on a residential property, the Tax Court denied the defendant municipality’s motion to dismiss the complaint, or in the alternative, to bar the testimony of plaintiff’s expert and of comparable sales.... Read More
