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Tag: real estate

Understanding the Real Estate Reassessment Process in New Jersey

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              The reassessment of real estate is a crucial process under the New Jersey Constitution, ensuring that property values remain equitable and reflect current market conditions. Specifically, Article VIII, Section 1, Paragraph 1 of the New Jersey Constitution requires that all real property be assessed for taxation “under general laws and by uniform rules” based on true value. This provision ensures that property assessments remain fair and equitable, preventing disparities in taxation.

              While the Constitution mandates uniform assessment, the specific procedures for reassessment and revaluation are governed by state laws and regulations, including oversight by the New Jersey Division of Taxation and county boards of taxation.

What is the Reassessment Process?

              Real estate reassessment in New Jersey is a systematic process conducted by municipal tax assessors to adjust property values to align with the current market conditions. The goal is to ensure that all properties within a jurisdiction are assessed fairly and equitably, thereby distributing the tax burden appropriately among property owners.

              The reassessment process involves:

  • Data Collection: Inspecting properties and reviewing relevant data such as recent sales, property improvements, and neighborhood trends.
  • Market Analysis: Comparing similar properties to determine accurate and fair market values.
  • Adjustment of Property Values: Updating assessments to reflect changes in market conditions, ensuring a fair tax distribution.
  • Notification to Property Owners: Property owners are informed of their new assessments and given an opportunity to review or challenge them.

How Often is Reassessment Done?

              There is no set statewide schedule for reassessment in New Jersey. The frequency of reassessment varies by municipality and is determined by local conditions and the need to maintain tax equity. However, reassessments typically occur when:

              A municipality determines that assessed values no longer reflect true market conditions.

              A significant disparity exists between assessed values and market values.

              There is an order from the county board of taxation or the State Director of Taxation due to unequal property tax distributions.

              While some municipalities conduct reassessments annually, others may only do so every few years, depending on market fluctuations and local government decisions.

Is Reassessment Mandatory?

              Reassessment is not automatically mandatory across all municipalities in New Jersey. However, state law requires municipalities to maintain fair and uniform property assessments. If a municipality fails to do so, it may be compelled to reassess properties by the county board of taxation or the State of New Jersey.

              Additionally, if a municipality’s tax ratio (the ratio of assessed values to true market values) deviates significantly from the state-mandated level, reassessment or revaluation may become necessary to correct the imbalance.

Purpose of Reassessment

              The primary purpose of reassessment is to ensure fairness and uniformity in property taxation. Key objectives include:

  • Equitable Tax Distribution: Ensuring that all property owners pay their fair share of taxes based on accurate property values.
  • Reflecting Market Conditions: Updating property assessments to align with current market values and economic trends.
  • Preventing Tax Disparities: Reducing tax imbalances that may arise due to outdated assessments.
  • Compliance with Legal Standards: Meeting constitutional and statutory requirements for property tax administration.

How Was The Haddon Township Tax Reassessment Scheduled?

              In April 2022, the Camden County Board of Taxation ordered Haddon Township to conduct a district-wide property revaluation to be completed in 2023 and implemented for the 2024 tax year. This order was approved by John Ficara, Acting Director of the Division of Taxation. Subsequently, in May 2022, the Board granted Haddon Township a one-year extension, adjusting the completion to 2024 and implementation to the 2025 tax year. camdencounty.com  The revaluation was completion in 2024, with the new assessments taking effect in the 2025 tax year.

Conclusion

              The real estate reassessment process in New Jersey plays a vital role in maintaining fair property taxation. While not mandated on a fixed schedule, municipalities must conduct reassessments as needed to uphold tax equity. Property owners should stay informed about reassessment practices in their area and understand how changes in property value can impact their tax obligations.

The NAR Settlement – Another Perspective

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There is a lot of available information explaining the recent NAR settlement effecting the residential home buying process. Many of the explanations have been offered by brokerages, social media from those in the industry, and state or local realtor estate associations. I found the explanation offered by Tanya Monestier a contract Law Professor from Buffalo, New York, or in other words, someone without “skin in the game,” to be a neutral explanation providing good advice. As with anything these days, there is a lot of information available, as well as misinformation. It’s quite simple actually…you simply need to understand what you are signing and negotiate the best deal that works for you. As always, Bergmann Law is here to help with your real estate questions.

Click to access monestier-sellers-guide.pdf

Did you know…you can (and should) call your lawyer before things go wrong 

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This is not only the best piece of advice routinely given to clients, it’s also the simplest: as soon as you think you might need a lawyer, make the call.

For instance, recently a landlord client called with a potential tenant problem. Two tenants, paramours sharing an apartment, broke up and one moved out. The remaining tenant could not afford the property on his own for long and called the landlord us to work out a solution before he was in trouble. In turn, the Landlord called us for assistance. Reasonably working out a negotiated lease termination allowed the tenants to end their lease without an eviction and credit impairment, while allowing the landlord to get new tenants in the property. The key is everyone did exactly what they should have, and the outcome benefited all. The tenant talked to his landlord before the rent was late or missing and the landlord called his lawyer for advice, rather than making a similar call a few weeks later when an eviction was necessary.

Everybody wins.

This principle applies to business disputes as well. Unfortunately, most of the business breakups we see are long, dramatic, and expensive. But every now and then a business comes to us early, recognizing things are not working. It’s much easier to dissolve the business and wind things up before there is financial hardship and hurt feelings. Early intervention saves everyone time, money and lowers the stress in what can be a very stressful event.

If you have a real estate or business issue, not yet a problem – just a concern, give us a call and we can talk it through with you.