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Posted on Sat, Aug 1, 2009 : 8:37 a.m.

Declining property values, rising taxable values bring rash of tax appeals to Washtenaw County, state

By Bob Wheaton

072909_TAX ASSESSMENT.jpg

It’s a double whammy for taxpayers in Ann Arbor and beyond.

And it’s resulted in a record number of property tax appeals to the state in the last couple years.

As frustrated taxpayers watch their property values plummet, they get assessment notices that show their taxable values - the basis for determining their property taxes - increasing.

This year is shaping up to be another busy year for the Michigan Tax Tribunal.

Friday was the deadline for appeals, which could increase by 70 percent from a year ago to about 28,500, said Peter Kopke, chief clerk of the Tax Tribunal.

That compares to typical totals of about 8,000 filings per year before the housing market decline, Kopke said.

As of last week, Washtenaw County property owners had filed 78 new cases, Kopke said. He said he was unsure how that compared to the previous year.

Eric Joffe, 31, of Ann Arbor, is among those who have appealed to the state.

"Since last year, the market's gotten worse and to say, 'Oh, your home went up in value or it stayed the same,' that's just not true," said Joffe, who lives on Hilltop Drive off Jackson Avenue.

The city has Joffe's assessed value and taxable value both set at $87,500, meaning his home is theoretically worth about $175,000. That's the same as in 2008, city records show.

But Joffe said the numbers should be less. Houses in the neighborhood where he and his wife Tisha live have sold recently for $111,000 and $140,000, he said.

City Assessor David Petrak declined to comment about the Joffes' case, but said the State Tax Commission requires governments to use a one- or two-year sales study when determining taxable value. In times of a declining market, the city uses a one-year study.

For 2009 assessments, Ann Arbor studied sales from October 2007 to September 2008.

“What we did see was a fair number of people who came into the (city) Board of Review and said ‘Here’s what other homes sold for in my neighborhood.’ And we said, ‘When did they sell?’ And they said, 'February and January.’ In a declining market, those potentially would have sold for less than a year ago," Petrak said.

The deadline has already passed for cases that go before the Full Tribunal, which handles more complicated cases that typically involve industries and corporations represented by attorneys.

“I would say we probably had twice as many claims this year as last year,” Petrak said, referring to the number of Full Tribunal filings.

Petrak didn’t have final figures, but he said he expects 70 new Full Tribunal cases filed this year, bringing the city’s total pending cases before the state to about 150.

Friday's deadline applied to small claims filings in the Tax Tribunal that typically involve appeals filed by homeowners who represent themselves.

Government officials say there's a good reason why your taxes can go up even as the value of your home goes down.

Proposal A, the 1994 voter-approved measure that sets the rules for Michigan property tax collection, limited taxable value increases to the rate of inflation even when property values were rising faster than that. At that time, assessed values that represent half the true cash value of a property increased at a greater rate, creating a gap between the two figures.

But when assessed values go down, if the separation between that figure and the taxable value is great enough, the taxable value continues to rise.

Washtenaw County Treasurer Catherine McClary said it’s too soon to tell whether the number of tribunal appeals in the county will increase again this year.

“The big year was 2008,” she said.

The treasurer’s office processes billings or refunds to taxpayers once a case is decided in the Tribunal - whether it be through an agreement between the two parties, a dismissal or a decision by the Tribunal.

Last year, McClary said her office processed 225 cases involving 130 parcels and 175 years of disputed taxes. That compares to 92 in 2007 and 71 in 2006.

Decisions and consent agreements can have a large financial impact on local and state governments, particularly when they involve big taxpayers.

They can force governments to reimburse the taxpayer for money already collected. In the Pfizer case, that adds up to nearly $10 million the local and state government must pony up as the result of an agreement with Pfizer that was reached after the company appealed its 2008 and 2009 taxes.

The dispute involved Pfizer’s closed research center campus at Plymouth Road and Huron Parkway.

The agreement affects the city of Ann Arbor, Ann Arbor Public Schools, Washtenaw County, the Ann Arbor Public Library, the Washtenaw Intermediate School District Washtenaw Community College and the state of Michigan education tax.

It dropped Pfizer’s 2008 tax bill from $12.5 million to $7 million and its 2009 taxes from $10.9 million to $6.4 million.

That’s costing the city of Ann Arbor nearly $2 million.

Kopke said it can take a year or more for the Tax Tribunal to hear more complicated cases that sometimes involve requests by the parties involved for more time. Some small claims cases filed last year were heard by December, he said.

Kopke didn't have recent data on the percentage of cases decided for the property owner or the government, but said property owners prevailed about half the time when numbers were studied in the 1990s.

The Web site UPI.com reported last month that more U.S. homeowners are appealing increased property taxes or seeking reassessments amid the drop in home values, with officials across the country saying the number of appeals is rising dramatically.

Photo by Lon Horwedel, AnnArbor.com: Eric and Tisha Joffe aren't pleased at their recent tax assessment and are appealing to the state.

Comments

Steve Bachman

Thu, Aug 5, 2010 : 11:26 p.m.

The Michigan Tax Tribunal (MTT) seems to be intentionally delaying processing of petitions, in order to buy time for the local assessors, and delay a reduction in revenue. When taxpayer petitions are received by the MTT, the MTT is supposed to send them to the local assessor, who must then submit an Answer Form within 28 days. When the Answer Form is received by the MTT from the local assessor, the case is "ripe for hearing" (meaning there is nothing standing in the way of the hearing, except the 2-year case backlog...) However, here's the catch, the MMT has to "verify" the petition before they send it to the local assessor and start the 28-day clock. Verification should take about 5 minutes, but my three petitions have taken nearly 3 months so far. I'm guessing I'm not alone. I contacted the MTT and asked them about this. Mr Kopke (Chief clerk, quoted in the story) stated that there is no legal limit on how long the MTT can take for the verification process. So, call me paranoid, but it seems that the MTT is intentionally blocking processing of petitions in order to delay a reduction in tax revenues to state and local governments. I'm shocked. Shocked!

The Grinch

Wed, Aug 5, 2009 : 4:22 p.m.

"Still - many, many homes in A2 were seriously overvalued. A small 3 bedroom ranch catty-corner from mine sold in 2002 for 375K! It's a 180K home, no bells, no whistles. Overvalued from dishonest appraisals." This makes no sense. Economics 101: if someone paid $375K for the house, it is worth EXACTLY $375K.

A2K

Sun, Aug 2, 2009 : 7:58 a.m.

Still - many, many homes in A2 were seriously overvalued. A small 3 bedroom ranch catty-corner from mine sold in 2002 for 375K! It's a 180K home, no bells, no whistles. Overvalued from dishonest appraisals.

Jon Saalberg

Sat, Aug 1, 2009 : 10:07 p.m.

Totally agree with Mr. Fitzpatrick. If anyone is upset about Michigan's current state of affairs, you can try and get Mr. Engler back to answer for his and his party's profligate tax slashing in the '90s. The results are being borne out now, and combined with foolish product planning decisions by the companies formerly known as the Big Three, our great state faces some tough days, and more likely, at least a year or two of trying times, particularly for unemployed individuals such as myself, who are finding the job market quite daunting.

MI-expatriate

Sat, Aug 1, 2009 : 6:45 p.m.

Like David, I think that while no one was complaining when paying less tax while property values were increasing, they should also not complain while we are in this lull. Real estate is cyclical and should be considered a long term investment, like other investments. Having said that, no one likes to pay taxes!

Mark Hergott

Sat, Aug 1, 2009 : 4:31 p.m.

This article is the best reason to not vote for any proposal to implement an income tax. Any reduction in millages will be the definition of short lived. Don't fall for bait and switch politicking, Ann Arbor! Force the council to cut spending!!

A2K

Sat, Aug 1, 2009 : 10:13 a.m.

In 2008 we had our property re-assessed using the appeals process at A2 city hall, and it was a waste of time. The group at the meeting were very friendly, but I felt like we were being "managed" just to get us out of there with no fussing. The taxable value of our home was then lowered until it matched the SEV, which means our taxes still went up $500+ this year despite 30K drop in so-called value. Real-estate here is terribly overvalued. We purchased our (modest) home in 2001, and the taxes have increased 6-fold since that time...as it stands, my family pays an effective tax rate of 60% and we probably stand in the bottom 20% percentile in home income for this area. We were given information on how to appeal taxes to the Michigan Tax Tribunal - which costs $400 to file.

The Grinch

Sat, Aug 1, 2009 : 9:56 a.m.

That people's property taxes are going up while property values are falling has nothing to do with Pfizer. It is the result of Proposal A, which essentially allowed the people of Michigan to defer their property taxes. This, sadly, was predictable because, under A, taxable values did not rise as fast as property values. So, when the latter fell, the former could keep rising, AS THEY SHOULD, because property owners have not been paying taxes on the fair value of their property. So now the time has come to pay the devil his due. This was, as I said, predictable, and the result of the anti-tax fetishes of the right wing in our state. Isn't that a delicious irony?

susan

Sat, Aug 1, 2009 : 8:11 a.m.

The Pfizer debacle could have been alleviated if our mayor and staff were better prepared. They knew very well that the tax abatements granted to Pfizer were to run out in '08 and did not plan ahead. They are really good at spending money but not good at budgeting. May be time for a whole new cast of characters in Ann Arbor. Maybe someone at the helm who has some finance experience (instead of a real estate agent) would be a good idea.