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Property tax cap debate stuck in neutral

Posted: 19 Sep 2010 03:10 AM PDT

ALBANY — It was a simple yes or no question posed to the 149 members of the Assembly: Do you support the state Senate bill that would cap property taxes in New York at 4 percent or the rate of inflation, whichever is lower?

Getting an exact answer from lawmakers wasn't so straightforward.

Gannett's Albany bureau, with help from Gannett media groups around the state, polled every Assembly member over the past month on the property-tax cap measure that passed the state Senate in August by an overwhelming vote of 52 to 7.

Many lawmakers said the bill should be amended before they could vote in favor of it — such as adding mandate relief for local governments or including a "circuit-breaker" option, which ties property taxes to household incomes.

Other lawmakers said they supported a cap, but not the Senate version.

And 40 members of the Assembly wouldn't respond or take calls from reporters asking about the issue.

In the end, the survey found that 62 legislators would vote in favor of the bill, while 23 said they would vote no. Twenty-four said they were undecided.

The number of definite yes votes, aided by a number of Republicans who are in the minority, still leaves the measure short of the necessary votes needed for passage. Seventy-five lawmakers in the Assembly would be needed to pass a property tax cap.

The survey showed that despite overwhelming support from upstate and suburban voters for some form of a cap on property taxes, overall support or opposition to the measure in the Assembly is difficult to gauge.

Because it has passed the Senate, the bill has been delivered to the Assembly. Gov. David Paterson, who introduced the measure, vowed to sign it into law if it passed.

But Assembly Speaker Sheldon Silver, D-Manhattan, said last month that he didn't believe there was support in his conference for the measure and had no plans to bring the bill to the floor for a vote. The powerful teachers unions and local governments also oppose a cap.

New York state has one of the highest property-tax burdens in the country, according to numerous studies.

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Despite the grim math facing property owners during a prolonged economic downturn, many lawmakers were hesitant to commit to supporting a cap they believe would put an undue burden on school districts and local governments. Others, such as Assemblyman Daniel Burling, R-Alexander, Genesee County, said they hadn't read the bill and couldn't take a stance.

"I'd have to see the bill. I haven't seen it," he said.

In an interview, Paterson blasted lawmakers who wouldn't provide an answer. Polls have shown major support for a cap.

"I don't even mind people who have a different view because perhaps they can be persuaded or have a firm position that we can respect. But I just can't believe that with 80 percent of the public screaming for a property-tax cap, that with New Jersey passing a property-tax cap with 80 percent bipartisan support, that people haven't read the bill or know what their position is on it," Paterson said.

The Democratic governor, who is not running for re-election, said he would force the Legislature to come back before the November elections and put the cap on the agenda for the Assembly to vote on. He can't compel the Assembly to act on it, however.

The governor said the unresponsive lawmakers add to the frustration voters have with incumbents.

"You know, people complain that they don't have a voice in Albany, that nobody hears them. Here's a perfect opportunity: You call these people up and ask them their opinions — they don't have an opinion or they can't go on the record or they can't come to the phone," Paterson said. "I think it really doesn't speak well of public servants."

For example, Assemblywoman Annie Rabbit, R-Greenwood Lake, Orange County, represents a portion of Rockland County, which the Tax Foundation found ranked sixth in the nation for the highest property taxes paid.

But she would not take a phone call from a reporter inquiring about the issue, despite repeated attempts.

Assemblyman Vito Lopez, D-Brooklyn, who also heads the Brooklyn Democratic committee, did not return several phone calls. On the fourth call, an aide said Lopez was "not interested in commenting."

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Even if the Assembly doesn't approve the measure this year, the issue may be taken up again in 2011 under a new governor.

Democratic gubernatorial candidate Andrew Cuomo has pledged to seek an even tougher cap at 2 percent. Republican candidate Carl Paladino rejects a cap and says he would push for an overall reduction in property taxes.

Former Nassau County Executive Thomas Suozzi said the cap would result in other needed changes, such as mandate relief.

"The property-tax cap is the blunt instrument to force the other reforms to happen, said Suozzi, a Democrat, who led a state commission in 2008 that recommended the 4 percent cap along with the circuit breaker and mandate relief.

Support for the cap in the Assembly breaks down on geographic lines, Gannett's review found, and also by party.

Of the Assembly's 107 Democrats, 28 said they would vote yes. Twenty-three Democrats said they were undecided and 20 said they planned to vote no.

On the GOP side, 34 of the 42 Republican legislators said they favored the 4 percent cap.

Only three Republicans said they would vote "no" and one was undecided.

Most legislators representing upstate districts backed the cap, as did seven of the 12 representing the northern suburbs of Rockland, Westchester and Putnam counties.

Of the 21 Long Island legislators, 11 said yes; two said no; and one was undecided. Seven had no response.

Any property-tax cap would likely need some of the 64 legislators who represent New York City. According to Gannett's survey, nine said they would vote yes; 13 would vote no; 15 said they were undecided; and 27 had no response.

Brian Sampson, the executive director of Unshackle Upstate, a Rochester-based pro-business group, charged that the Assembly doesn't pursue a cap vigorously because so many members represent New York City, where the issue is a non-starter.

"The reality is upstate doesn't have a voice to reach out to the New York City-centric political system," he said.

Assemblyman Jack Quinn, R-Hamburg, Erie County, who is running for state Senate, said he supports the Senate bill and blamed Silver and special interests for thwarting it.

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"When you look at it on the whole, it's the usual special interests that don't want it to happen," he said. "The speaker has lived off for years the same groups who have been getting his members elected."

There are many powerful groups lined up against the tax cap, saying it would put further burden on local governments and schools.

Matt Smith, a spokesman for the state United Teachers union, noted that most school budgets had increases of less than 4 percent in the last year, mainly because of severe cuts in education aid.

"Between a tax cap and circuit breaker, we have always supported circuit-breaker legislation because we think that will bring property tax reform," Smith said. "A tax cap, and too often it's brought up during election time, seems like a gimmick."

Silver has argued against the cap and has said that the best way to pay down property taxes is by sending school districts additional state aid in order to keep costs down.

The state Association of Counties also is opposed to a cap.

"It's the wrong strategy at the wrong time," said Stephen Acquario, the association's executive director.

"The unit of government that mandates a service needs to be responsible for that service."

Counties have been responsible for delivering state services to their residents — and paying for it — for decades. A major turning point was in 1966, when Medicaid, the health care program for the poor and disabled, was introduced, Acquario said, and counties had to pay a portion of the costs.

The group has been pushing for a full state takeover of the program.

"The public is blaming us because we set the (property-tax) levy, but they're causing the levy," Acquario said of state leaders.

Some of the lawmakers who support the Senate bill say it isn't perfect, but something is needed to get the sky-high taxes under control.

Assemblyman James Bacalles, R-Corning, Steuben County, said he would prefer a bill with mandate relief, but would vote yes on the Senate bill if given the chance.

"It's kind of hard to vote no on that one," he said.

Others said the 4 percent cap might be too high.

Assemblyman Joseph Morelle, D-Irondequoit, said he was inclined to support Cuomo's call for a 2 percent tax cap.

"I think it's unfortunate that a cap is necessary," Morelle said, "but when we live in a region where the property tax levels relative to the value of homes are among the highest in the nation, I think we have no alternative but to act."

NREISMAN@Gannett.com

Includes reporting by staff writers Ernst Lamothe and Jill Terreri; Joseph Spector, Cara Matthews and Jacob Fischler of the Gannett Albany bureau; Marcela Rojas and Cathey O'Donnell of The Journal News; and staff reports from Gannett New York media groups.

Property tax info is on website

Posted: 18 Sep 2010 11:27 PM PDT

The Sandoval County Treasurer's office added a feature to its website allowing the public to conduct property tax research.

Homeowners, real estate companies and lenders can access assessed property values for previous years, record of payments, legal/situs address, current and delinquent tax charges, interest and abatement, miscellaneous charges and special assessments.

The address is etweb.sandovalcountynm.gov/treasurer/web/.

Property Tax

Sunday, September 19, 2010

“Error on property tax bills inflates apparent increase over 2009” plus 2 more

“Error on property tax bills inflates apparent increase over 2009” plus 2 more

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