BLOG: Property Tax Appeal
Taxpayers Strikeout in Chapter 91 Doubleheader
In two separate opinions issued on the same day, New Jersey Tax Court Judge Nugent dismissed two tax appeals because the respective taxpayers failed to respond to the assessor’s request for income and expense information pursuant to N.J.S.A. 54:4-34, also known as “Chapter 91”. In these cases, the taxpayers relied on arguments that have historically... Read More
Retail Landlord Prevails on Right to Control Tax Appeal
A recent decision by the New Jersey Tax Court has examined the limits of a commercial tenant’s right to control a property tax appeal on property which it leases. Target Corp., one of six tenants at a retail strip mall, filed complaints challenging the assessments on the property for tax years 2009 and 2010. The... Read More
Property Damaged By Sandy? Here’s What to Expect if FEMA Inspects the Property
If you have real estate that was damaged by Hurricane Sandy, and have made or plan to make a claim to FEMA for storm-related payments or benefits, you should be aware that applying for disaster-related assistance will trigger an inspection by FEMA personnel. While many affected by the storm may only have limited access to... Read More
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
