Bill Text: NJ A3190 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns appeal of assessment of parcel of income-producing real property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-07-30 - Introduced, Referred to Assembly Housing and Local Government Committee [A3190 Detail]
Download: New_Jersey-2012-A3190-Introduced.html
Sponsored by:
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
SYNOPSIS
Concerns appeal of assessment of parcel of income-producing real property.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the appeal of an assessment of income-producing real property, and amending R.S.54:4-34.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.54:4-34 is amended to read as follows:
54:4-34. Every owner of real property of the taxing district shall, on written request of the assessor, made by certified mail, render a full and true account of his name and real property and the income therefrom, in the case of income-producing property, and produce his title papers, and he may be examined on oath by the assessor, and if he shall fail or refuse to respond to the written request of the assessor within 45 days of such request, or to testify on oath when required, or shall render a false or fraudulent account, the assessor shall value his property at such amount as he may, from any information in his possession or available to him, reasonably determine to be the full and fair value thereof. [No appeal shall be heard from the assessor's valuation and assessment with respect to income-producing property where the owner has failed or refused to respond to such written request for information within 45 days of such request or to testify on oath when required, or shall have rendered a false or fraudulent account.] The county board of taxation may impose such terms and conditions for furnishing the requested information where it appears that the owner, for good cause shown, could not furnish the information within the required period of time. In making such written request for information pursuant to this section the assessor shall enclose therewith a copy of this section.
(cf: P.L.1979, c.91, s.1)
2. This act shall take effect immediately.
STATEMENT
Under current law, the owner of a parcel of income-producing real property, if requested to do so by the municipal assessor, must provide to the assessor information detailing the income earned by the property owner from that parcel of real property. The assessor would then use that income information to derive an assessed value for that parcel of real property, for the purpose of property taxation. A property owner of such a parcel of real property who does not provide the requested income information to the assessor would be prohibited under current law from appealing the assessment on the property, to either the county tax board or the Tax Court.
This bill would remove that prohibition against appealing the assessment, and allow the owner of such a parcel of real property to appeal the assessment on that property if he or she believes the assessment to be incorrect. The sponsor believes that no property owner should lose his or her right of appeal of an assessment that may be incorrect, given the nature of the property tax burden on the State's property taxpayers.
