In response to misleading notices that the Assessment Review Commission (ARC) is sending to individuals challenging their taxes, the Nassau County Legislative Majority has introduced a local law that will protect the rights of the residents and make the notices more clear.
The misleading notices that ARC has sent out are entitled "Stipulation of Settlement,” and has been sent to thousands of homeowners who are receiving no reduction of their assessments. These notices are not an “Offer of Settlement,” but are in effect rejections of the challenges. The confusing language could lead homeowners to accept an offer of settlement that is in reality, a rejection, thereby waiving their rights to challenge ARC’s determination.
The notices also fail to inform residents of their right to appeal the departments determination.
“Residents from my district have been calling my office confused about what is going on with this form,” Legislator C. William Gaylor III said. “The language is misleading, and even to someone who is a lawyer, this is confusing. This legislation will make this more clear for residents so they don’t accidentally accept an offer that is not the best for them.”
This legislation will:
- Require letters that offer no reduction to be termed a “Preliminary Determination Notice” instead of the misleading “Offer of Settlement.”
- Include within that mailing a prominent disclaimer that the mailing is not ARC’s “Final Determination,” to make it clear to homeowners that there will be a further communication that will actually trigger their right to appeal.
- Ensure that residents, who were misled into signing an “Offer of Settlement,” with zero reduction, will still have a right to appeal.