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Challenge to Property Tax Rejected
No one disputes that the property tax system in New York City is byzantine. In Tax Equity Now LLC v. City of New York, 2020 WL 949501, the First Department confronted what it viewed as a very different question: is it illegal. The court concluded that it is not, rejecting a variety of claims and leaving any reform to the legislature.
The Challenged Provisions
Consider three of the provisions that provoked the challenge in the Tax Equity Case. The Real Property Tax Law divides real property into New York City into four classes — two for residential property, one for utility property, and one for all other real property. The first perceived equity is that the statute essentially preserves the relevant tax burden for each class of property, limiting changes in the percentage of total tax each class must bear. So, as the value of residential real property has increased relative to the value of commercial property, the tax burden borne by residential property has not increased proportionately.
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