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2002 PROPERTY
ASSESSMENT APPEAL HEARING ASSISTANCE HANDBOOK FOR USE IN ALLEGHENY COUNTY PREPARED BY KENNETH R. BEHREND, ESQUIRE BEHREND AND ERNSBERGER, P.C. 306 FOURTH AVENUE SUITE 300 PITTSBURGH, PA 15222 (412)391-2515 Behrend-Ernsberger.com ©2002 Kenneth R.
Behrend Part I
* BACKGROUND This
booklet is prepared by Kenneth R. Behrend, Esquire. For five years from January 1996 through December of 2000 Mr.
Behrend served on the Allegheny County Board of Property Assessment
Appeals. Mr. Behrend was the only Board
Member who refused to sign the Sabre System Contract on the basis that it did
not protect the public as to the accuracy of values set on the property and the
accuracy of data collection. His area
of practice of law is in litigating claims against insurance companies,
personal injury and consumer rights. * This
document is prepared to assist you in winning your Assessment Appeal. This information is provided for your
review and assistance in presentation at your appeal. They are set up as a model to follow, so that you will be able
to present all of the information in an
organized manner. This will assist the
Hearing Examiner in understanding your argument. * Please note
that there are two halves to your assessment appeal. The first is to establish your fair market value, the second is
to make sure that the data collected on your property is accurate, as the data
is used by the County computer system to calculate your market value for
taxation purposes. If you do not
correct the data, every time a revaluation occurs, you will have to appeal
again, because the computer will use the wrong data to compute your market
value. * NEW 2002
ASSESSMENT VALUE BECAUSE OF REVALUATION OF COUNTY * Notice of Assessment Change Form On this Form
you will find the following information for your property, you will need this
information to complete the Appeal Application Form: * Block
and Lot Number * Total
Market Value * Land and
Building Value * PROPERTY OWNER APPEAL FORM * The Form is greatly simplified for Appeal Year
2002 * Municipality and ward where the property is
located * Block and Lot Number (from Change of Assessment
Notice, the tax bill, County Website or call Assessment Office at (412)350-4600
(press 8) * Location of Property is the Address of the
Property that is under Appeal * Information on Agent or Representative, this is
for the Agent, if you have one, if not leave blank. *
You must sign and date the Form
Part II * REQUEST FOR DOCUMENTS FROM THE COUNTY * You should request the following two documents
from the Office of Property Assessment, which is located on the second floor of
the County Office Building on the corner of Forbes Ave. and Ross St. in
downtown Pittsburgh. Phone number
(412)350-4600. The documents must be
picked up at the Office, but anyone can pick up the card on your behalf, as
well as you can request the Property Record Card for any property in Allegheny
County. These documents
are essential to winning your appeal.
They are the basis of how the New Assessed Value as assigned to your
property. * Property Card a/k/a Property Record Card This document is
the heart of the new assessment system as it relates to your property. You will be at a great disadvantage at your
appeal hearing, if you do not get a copy of your card and review it in detail
prior to the appeal hearing. To ensure
that the data on your property is accurate, you must have this Property
Card. There are many errors that have
been encountered on these cards, everything from the wrong amount of square
footage to incorrect inclusion of items that your property does not actually
have, yet adds value to the property. If the
information is not accurate, you should bring this to the attention of the
Hearing Examiner, and list each error in writing and provide a copy at the
Appeal Hearing to the Hearing Examiner to be placed in the record. This information is used to determine your
Assessed value. Cost $1.00/page (2
pages long pr property) Again, we must
stress that this document is extremely important to you and a review of it may
greatly increase your chance of winning your Assessment Appeal. The other forms that we have included herein
relate to this property record card. Please note that
the information contained on the County’s Real Estate Web page is only about
35% of the information that is contained on your Property Record Card. That is why it is imperative that you obtain
a copy of your Property record Card. * Sales Grid or Sales Comparable Grid This document
contains the properties that sold recently in your neighborhood which were
supposedly used to determine the Market Value on your property. You need to see this information to
determine whether or not they are actually similar or comparable to your
property. Do not confuse this
information with the Comparable Sales Information that is available on the
Internet or on the County Real Estate web site.
Part III * INFORMATION
YOU SHOULD GATHER FOR YOUR APPEAL HEARING * Property Record Card on your property from the
Office of Property Assessment (412)350-4600. * Sales Price of Comparable Homes that sold in
the last three years in your neighborhood.
A map of your neighborhood, as defined by Sabre is available from the
County for a cost of $2.50. * You should gather
information on at least three similar properties that sold in the last three
years in your neighborhood . Some sources of recent sales of
comparable properties are as follows: * Local Realtor * the Real
Estate Multi-List for Western Pennsylvania * Newspapers * Web
pages which contain property sales information (then click on Real Estate
Website) * The County SMDA system can also be used to
obtain recent comparable sales. To use
this SMDA system, however, you or someone on your behalf must go in person to
the Office of Property Assessment on the Second Floor of the County Office
Building. (412)350-4600. There is a slight charge for this
service. It can be very helpful for
gathering information, if you have the time and ability to go to the Office. * It is a good idea to take photographs of your
house and the Comparable houses to show the Hearing Examiner that they truly
are comparable properties. * Take pictures of any internal problems with
your house * Review your house for any problems which should
be repaired or replaced * Internal
or External * If
possible, get repair estimates: bids or price quotes for the items that need to
be repaired or replaced * Take
photographs of the problems * Some
Examples of types of problems that will decrease the value on the house * Foundation
cracked * Old wiring * Water
Damage to Ceiling * Leaky Basement * Old
kitchen or bathrooms * Driveway
crumbling Part IV * THE
APPEAL HEARING * First check that the County has the correct
information on your house * Ask for the Assessor’s Report on your property
prepared for the Appeal Hearing. (Chances are none
exists, there is pending legislation on this point), but your should check in
case there is a report, it may be very helpful to you. * If provided check for accuracy of information
on the Assessor’s Report * If not provided, ask the assessor: * Do they
have a C.P.E. License (Certified Pennsylvania Evaluator)? * Did the
assessor see my house? * Does the
Assessor know anything about the value of my house? * Provide Hearing Examiner with you information
as to why you should have your assessment reduced * Review
Property Record Card errors * Sales
Comparables of recent sales of similar homes * Show
pictures and Estimates for Repair (if any) * Explain
problems with the house that hurt value * Explain
problems with neighborhood which hurt value * If the
County starts sending Assessors to review the properties as part of the appeal
hearing process then ask the following questions, if not, you are done with
this phase of the process. * After you provide your information, ask for
County to provide a copy of: * CPE/Appraiser’s
Report Certifying the Market Value * If provided review for accuracy to your
property, and ask any questions you may have about the information and how it
relates to your house * If not provided, ask the assessor: * Did the
assessor review the sales grid for my property, if yes does he/she believe the
properties listed are comparable? * Did the
assessor prepare or review a CPE Report Certifying the value of my property? * How did
the County determine the market value on my property? * DECISION OF ASSESSMENT APPEAL BOARD * The Property Assessment Board makes the
decision, not the Hearing Examiner · The
decision is usually made within a few weeks of the Hearing, but the Board
typically does not review the evidence you have submitted at the Hearing Part V * PETITION FOR APPEAL * If you are not satisfied with the Assessed
Value after the Board Decision, file an appeal to the Board of Viewers, within
30 days of the decision from the Assessment Appeal Board. * The Board of Viewers will schedule a hearing at
which you should present the same type of evidence, as mentioned above to
support your Opinion of value for your property. * After the Appeal is hear a Decision is mailed to you * WORKSHEETS
AND TABLES These are to be
used as models and to assist in presentation at the appeal hearing. They
help both in determining market value and to make any corrections to
your property record card. * ACTUAL
MARKET VALUE WORK SHEET This worksheet
is to be used to determine the market value based upon sales of comparable properties which were in the last
three years. Any sales beyond three
years will not be considered, so always limit your search to the prior three
years only. All of the information can
be obtained from the Internet web sights set forth above, in combination with
the County Real Estate Web site, or from the County SMDA system at the Office
of Property Assessment. (412)350-4600. * PROBLEMS
WITH SUBJECT PROPERTY WORK SHEET If you have
problems with your property that require work to make the house at full market
value, you should prepare a worksheet and give a copy to the Hearing Examiner,
along with written estimates from contractors to establish the cost to repair
each item. * ERRORS
ON PROPERTY RECORD CARD WORK SHEET If there are
errors on your Property Record Card that improperly add value to your house,
you should prepare a worksheet and give a copy to the Hearing Examiner to be
put into the record, along with the corrections, so the Hearing Examiner will
be able to understand the errors and correction can be made to the County
computer to correct the errors. Part VI IF THE ERRORS ON YOUR PROPERTY
RECORD CARD ARE NOT CORRECTED, THEN YOUR ASSESSMENT NUMBERS WILL BE WRONG,
EVERY TIME A REVALUATION OCCURS. * NEIGHBORHOOD DESIRABILITY - DEPRECIATION TABLE WORKSHEET To determine the
Normal Depreciation placed on your house, which is located in the “COST LADDER”
Column of your property Record Card, you must gather three bits of information
from the Property Record Card and then look on the Neighborhood Desirability
Tables provided later in this document to learn how your depreciation factor
was determined. The Depreciation Factor
is very important to the total value of your house, as it decreases the value
of your house, which means less taxes.
In other words the higher the amount of depreciation, the less taxes you
will have to pay. Thus, it is important
to understand how the County arrived at the Depreciation Factor on your house
and to determine whether or not it is accurate. The information
about the “Condition” of your house is used in conjunction with the “Effective
Year” your house was built and the “Neighborhood Desirability Code” to arrive
at the Normal Depreciation on the “COST LADDER” on your Property record
Card. The three bits
of information to determine the Normal Depreciation are all found on the
Property Record Card. They are: 1)CONDITION,
(of your house) 2) EFFECTIVE YEAR BUILT,
(includes most recent building permit work) 3)NEIGHBORHOOD DESIRABILITY CODE CONDITION This information is found on your Property
Record Card in the “BUILDING CHARACTERISTICS” column, at the bottom, right next
to the Grade of the Building. EFF YR BLT This information is found on your Property
Record Card in the “BUILDING CHARACTERISTICS” column. NHBD DESIRE The
Neighborhood Desirability Code is also found on your Property Record Card on
the page with the photograph of your property, upper left hand corner. To determine if
the “Condition” of your house is accurate, you need to review the CLU Rating
Guide, which is found later in this document.
The CLU RATING GUIDE (Condition, Location and Usefulness)
is a table that was used by Sabre Systems and adopted by the County and defines
the house on your land. The
descriptions range from Excellent to Poor.
The description rating effects the value placed on your house, the
better the description, the greater the value that is attributed to your
house. For taxation purposes, the lower
the description, the lower amount of taxes you pay on your property. This information is found on your Property
Record Card in the “BUILDING CHARACTERISTICS” column, at the bottom, right next
to the Grade of the Building. To determine the
“Effective Year Built” of your house, is also found on your Property Record
Card in the “BUILDING CHARACTERISTICS” column. It may not be the year your house was built, as it reflects the
most recent year a building permit was taken on your house and the house was
updated. Thus your house could be built
in the 1930's, but it was renovated in 1982.
The Effective Year Built would be 1982. For depreciation purposes the 1982 year would be used to
determine value. The older the house,
the greater the depreciation and the lower the taxes. Thus you want to make sure that the accurate Effective year Built
Information is on your Property Record Card. To determine the
Neighborhood Desirability Code, you need to review the table at the end of this
documents. The Neighborhoods, as
defined by the County, which are not neighborhoods as you and I would consider
neighborhoods are broken into ratings from 1 to 5. A 5 is the highest valuation level and causes the greatest value
to be placed on your house, by permitting the least amount of depreciation to
occur. Thus the lower the number, the
lower your taxes will be, if all other items remain the same. In other words it is in your best interest
from a taxation standpoint to have a lower Neighborhood Desirability number. Thus to
determine the actual value assigned to your house on the “COST LADDER” found on
your Property Record Card, you have to add up all the items in the “COST
LADDER” up to the “TOTAL RCN” line in the “COST LADDER”, then you multiply the
“Normal Depreciation Factor” times the “TOTAL RCN” amount, which equals your
Normal Depreciation amount. Then you
take the “TOTAL RCN” amount and subtract the depreciation amount to find out
your “TOTAL VALUE” amount for your house.
The “TOTAL VALUE” figure is “rounded off” to the nearest $50.00
increment. For Example if
your COST LADDER adds up to $163,081.00 the following demonstrates how the
calculations work. COST LADDER TOTAL RCN $163,081.20 NORMAL DEPR 28.0000 $ 45,662.73 ($163,081.20
x 28.000 = $45,662.73) TOTAL VALUE $117,400.00 ($163,000
- $45,600 = $117,400) To demonstrate why it is important
to have a higher depreciation factor compare.
If the Depreciation Factor were 40.000 instead of 28.000. TOTAL RCN $163,081.20 NORMAL DEPR 40.0000 $ 65,232.48 ($163,081.20
x 40.000 = $65,232.48) TOTAL VALUE $ 97,800.00 ($163,000
- $65,200 = $ 97,800) Thus the TOTAL VALUE would be
reduced by nearly $20,000.00 off of the market value to your house. |