In a message dated 1/5/09 5:39:54 PM, [email protected] writes:
> ....If the constant in my examples above were livable space and lot size,  
> "equalization between neighborhoods" could occur. Homeowners in Center City 
> would pay substantially less than the homeowners in Northwest 
> Philadelphia. Yet they would all be paying at the same predictable rate. And 
> current 
> homeowners would not have to be put in the position of fearing 
> neighborhood improvement and worrying about losing their homes.
> 
Hey, I'll bet you could buy a HUGE place in Mantua for $400,000!   But would 
the person who prefers the relative safely & convenience of, say, Fitler 
Square, even though the houses there are tiny for that price, choose Mantua 
instead 
if s/he realizes there's more space available in Mantua?   I don't think so!  
 The trite but true first consideration in real estate is "location, 
location, location."   

By law, the person who owns a small house on a Mantua block is to have a 
lower tax assessment than the person who owns a large house on the same, or a 
similar, Mantua block.   But also by law, any person who owns a $400,000 house 
anywhere in the city is to have the same tax assessment as any other person who 
owns a $400,000 house, no matter where the neighborhoods are, because the law 
says the assessments are to be based on market value of the properties.   Not 
size!   Not location!   Market value.   This isn't my decision; I'm only 
repeating what the law says.  As an attorney, Karen, I'm sure that you can 
appreciate the weight of the law.   One must either follow it, or try to amend 
it.

The city, however, has been flagrantly breaking the law.   There are threats 
of a lawsuit if it continues, and I understand that the BRT is about to begin 
to rectify the situation.   NOT by the BRT raising everyone's assessment 
whenever a neighboring house is sold!   The plan is to adjust the inappropriate 
assessments up or down as needed, while at the same time, making the process 
more 
transparent so it's easy for taxpayers to see if their assessments appear 
inappropriate.   There will be no more setting a tax assessment at what's 
supposed to be about 1/3 of the market value as the BRT does now, for one thing 
- in 
the future, they will set it at what's supposed to be the TRUE market value.   
(And then, this year, the BRT will expect City Council to lower the RATE by 
which the assessment is multiplied to get the tax bill.   If City Council 
doesn't do that, the bills will be impossibly high for everyone.   But City 
Council 
is aware of this.)   With the transparency of true market value, it will be 
easy for a homeowner to appeal if his/her assessment it is not correct.   
(Under the current system, how could the buyers of 426 S. 47th, paying $400,000 
for 
the house, tell if they are being overcharged or undercharged on taxes, when 
the BRT now tells them that their new home is assessed at $40,800?)

So, we will soon have tax equalization.   And as Brian suggests, City Council 
can act to phase in tax increases to soften the blow.   And they can act to 
cap the amount the elderly or those on fixed incomes must pay, for now - 
possibly let those folks wait till they sell the house to pay the extra amount. 
  
There are many, many suggestions - pages and pages of them - which the BRT 
compiled for City Council's review, for ways to soften the blow at the same 
time 
they receive the new assessments and act to revise the rate.   But, no matter 
what, the law does not allow the city to charge less tax on houses in 
University 
City than on houses in Mt. Airy, and even less for houses in Grad Hospital, 
when the houses have the very same market value.   This will either get fixed, 
or the city will get sued and then it will get fixed.   Or Karen will take her 
case to City Council, rather than arguing with me, and change the law - 
except that I think it's actually a PA law, not a Philadelphia law, so it will 
be 
off to Commonwealth Court, to change the law for all of Pennsylvania.

And now, if we don't want to pay more tax for the libraries (though several 
people wrote to me off list and said they were willing), what is our next step 
to keep the libraries open?

- Melani


Melani Lamond, Associate Broker
Urban & Bye, Realtor
PA License Number AB048377L
3529 Lancaster Ave., Philadelphia, PA 19104
cell phone 215-356-7266 - office phone 215-222-4800 #113
personal fax 215-386-1345


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