Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Presumption of Validity - The Burden Bears the Taxpayers

Author: Scarinci Hollenbeck, LLC

Date: June 8, 2013

Key Contacts

Back

Many people are aware that in a tax year in which neither a revaluation nor reassessment has occurred, in order to prevail in a real property tax appeal, the Taxpayer must prove that the true market valuation placed upon the property by the assessment exceeds its real value by at least fifteen percent (15%). 

By statute, each assessment is accorded a fifteen percent (15%) safe harbor in recognition of the fact that appraisals and assessments are not an exact science.  However, an additional burden placed upon the Taxpayer is to overcome a presumption that the assessment is valid.  Without overcoming this presumption, the Taxpayer is not even permitted to prove the fifteen percent (15%) or greater differential.

real estate tax appeals

In a recent decision, Dericks v. Borough of Bradley Beach (Docket #13772-2012 J. Sundar), the Tax Court reviewed the appeal of the Taxpayer from a County Board Judgment that reduced the assessed value on a condominium from Three Hundred Fifty Thousand Dollars ($350,000.00) to Three Hundred Nine Thousand Dollars ($309,000.00).  The Taxpayer urged the Court to find a further reduction to Two Hundred Forty-Five Thousand Dollars ($245,000.00) and the Town also appealed seeking a reinstatement of the original assessed value.  In reviewing the proofs presented, the Court rejected the comparables and the adjustments provided by both parties.  While both parties agreed that a certain particular unit sale was an appropriate comparable sale, the Court found both parties reasoning flawed when adjusting that sale to utilize it for comparability purposes as to the subject property.  Moreover, the Town offered only one (1) other property as a comparable and the Taxpayer offered none.

Based upon the paucity of information available before the Court, the Court felt constrained to leave the judgment of the County Board intacted holding that such proofs were insufficient to overcome the presumption of validity.

This case is instructive to any residential property owner attempting to challenge the assessment on his/her home.  To overcome the presumption of validity, you must give the Court the ability to find that there is something dramatically wrong with the assessment. This is done by providing sufficient comparable sales along with adjustments of those sales to make them relevant to your property.  Adjustments include raising or lowering the assessment based upon size of the property, number of bedrooms, bathrooms, age of the kitchen, size of the land and other relevant matters that would influence valuation.  In small matters such as a residential appeal where typically a taxpayer is unrepresented by counsel, the Taxpayer is going unarmed against a professional in the form of the local tax assessor.  The more information you can provide to the Court, the better equipped you will be to overcome the presumption of validity and be permitted to prove your case.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!