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Appeals Court: NYC Property Tax System Violates Federal Law

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NYC property tax

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The New York State Court of Appeals ruled that New York City’s property tax system violates federal housing discrimination law and state law.

Higher property taxes

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The court sided with plaintiff Tax Equity Now NY (TENNY), which had sued the city and state over a tax system that subjects minorities to higher property taxes compared to majority-white areas.

Complaint

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Specifically, the complaint alleged that multi-million-dollar properties are taxed at similar or lower rates than less valuable properties, and that real property in majority-minority districts are overassessed.

Least afford

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“According to the complaint, the result is staggering inequities and a regressive tax system that hurts those who can least afford to pay heavy taxes,” TENNY wrote.

Court of Appeals

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While a lower court had dismissed the case, the Court of Appeals found the complaint sufficiently alleged causes of action against the city for having an unfair, inequitable system with a discriminatory disparate impact on certain property owners.

Error

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“That was [the] error,” the Court of Appeals stated.

Failed

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“We conclude that, although TENNY’s complaint failed to state claims against the State defendants, the complaint exceeds our pleading standard and sufficiently alleges causes of action against the City defendants … on the general basis that the system is unfair, inequitable, and has a discriminatory disparate impact on certain protected classes of New York City property owners,” the ruling stated.

Do not dispute

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“The City and State do not dispute that the system results in disparities,” the ruling added.

Taxation scheme

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“According to the complaint, the numbers tell the story of a taxation scheme that requires lower-income property owners and renters in majority-minority New York City neighborhoods to pay more than their fair share of the tax burden in violation of the law,” the ruling added.

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