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  1. #1
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    Apr 2019
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    Default Proof of Income Requirments for Property Tax Exemptions

    My question involves civil rights in the State of: US

    New York State has a program allowing reduced property taxes for senior citizens. It requires that the local assessor be "satisfied" that income limits are not exceeded. There are no stated documentation requirements, only that assessor be "satisfied".

    I remember seeing a case in which a law was struck down because it required a building inspector to be "satisfied" without stating any specific requirements. I have tried to find this case so far unsuccessfully. Any very similar case citations would be greatly appreciated. Opinions are not necessary. Thanks.

  2. #2
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    Oct 2014
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    Default Re: Due Process Denied/Insufficient Notice/Satisfy Official Requirements

    Quote Quoting unexpert
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    It requires that the local assessor be "satisfied" that income limits are not exceeded. There are no stated documentation requirements, only that assessor be "satisfied".
    Where did you see this? I see nothing of the sort in the actual state statute providing for this reduction in property tax for persons age 65 and older. See NY Real Property Tax Law 467.

  3. #3
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    Default Re: Due Process Denied/Insufficient Notice/Satisfy Official Requirements

    Sorry for the confusion. The requirement is not in 467 but 425 which covers the regular STAR program but is essential to Enhanced STAR (467) renewal. 425 states:

    "If such income documentation is not provided within forty-five days of such request, or if the documentation provided does not establish the eligibility of the person or persons to the assessor's satisfaction, the assessor shall treat the exemption as an improperly granted exemption and proceed in the manner provided by this subdivision."

  4. #4
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    Default Re: Due Process Denied/Insufficient Notice/Satisfy Official Requirements

    Quote Quoting unexpert
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    Sorry for the confusion. The requirement is not in 467 but 425 which covers the regular STAR program but is essential to Enhanced STAR (467) renewal. 425 states:

    "If such income documentation is not provided within forty-five days of such request, or if the documentation provided does not establish the eligibility of the person or persons to the assessor's satisfaction, the assessor shall treat the exemption as an improperly granted exemption and proceed in the manner provided by this subdivision."
    Ok. The statute defines what income qualifies for the program. If the applicant does not have the income verified by state match with the state income tax returns, he or she needs to complete the renewal application providing income information. The assessor then reviews that to determine if you have established that you meet the income requirements. There is no violation of due process there. It's just like any other review or audit a tax agency does. If you don't convince the tax agency that you are entitled to whatever it is you claimed the tax agency will deny it. Because the statute sets out exactly what is needed to meet the income requirement the assessor's review here is just to determine if the evidence provided is enough to show the income was not over the limit. There is always some judgment involved in those kinds of determinations. If the homeowner disagrees with the assessor, the homeowner has rights to administrative appeal and appeal to the courts. So I don't see any good due process challenge to this. Whether you might succeed on appeal, of course, is another matter.

  5. #5
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    Apr 2019
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    Default Re: Due Process Denied/Insufficient Notice/Satisfy Official Requirements

    What I am looking for is a case I have already seen which knocked down a law regarding building inspections that simply stated the owner needs to satisfy the building inspector. This case is on point to my situation. I have searched but have not found it yet. It is a violation of due process notification requirements to have a law that states you must satisfy a government officials without stating what the requirements are. In this case no qualifying documents are listed. I realize they are denying civil rights for a reason. They have constructed an impossible situation where someone needs to prove LACK of income, not income. Proving a negative has always been sticky. So instead they craft a law that violated due process.

    If you don't have a citation, you don't need to respond. I'm just hoping some one is better at searching or has better tools to work with. Of course, if you find a different on point citation that would be great too. The more the merrier.

  6. #6

    Default Re: Due Process Denied/Insufficient Notice/Satisfy Official Requirements

    Any statute to which its interpretation and application is delegated without providing clear, articulated standards for its administration is subject to be declared unconstitutional under the "non-delegation doctrine".

    (See: American Trucking Ass'n vs. EPA, 175 Fed3rd 1027 (D. C. Cir.1999); J. W. Hampton Jr. Co. vs. United States, U.S. Sp. Ct., 276 US 394, 48 S. Ct 342; 72 Led 624)

  7. #7
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    Apr 2019
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    Default Re: Due Process Denied/Insufficient Notice/Satisfy Official Requirements

    Thanks for citations. This is closer. I am hoping for an actual citation knocking down a law which specifically states a requirement to "satisfy" a government official. I will look more closely at these citations.

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