Reclassification of Real Property in New York

Section 1802 of the New York State Real Property Tax Law establishes four classes of real property for purposes of taxation. Your assessment includes a determination of the property's tax classification. The "tax class" determines which tax rate will be applied to your bill. An erroneous "tax class" can result in not only the wrong tax rate being applied, but also an artificially high assessment.

In some cases, a municipality classifies property incorrectly, which frequently leads to burdensome tax assessments for those owners. However, the reclassification of real property can also prove dangerous.

Sometimes a misclassification of your property can lead to lower real estate taxes than you should be paying. Accordingly, it is imperative that an opinion of counsel is sought prior to doing any construction/alteration work to your property with the expectation that real estate taxes will decline.

Our attorneys are experienced at obtaining reclassification of tax class in New York City, Long Island, Westchester County and across the state.

At Brandt, Steinberg, Lewis & Blond LLP, we pursue reclassification of real property, on behalf of our clients, including residential and commercial. Our firm researches and analyzes your property to determine whether a "re-class" application is possible. Through the preparation of tax assessment protests and other legal routes, we have been able to arrive at favorable reclassifications for many of our clients.

Sometimes, the municipality cannot properly distinguish what buildings should be in which tax class. For example, a two-story building where the first story is a store or office and the second floor is residential use, the building may be in the wrong class.

In the above example, even a subtle difference in square footage or one apartment vs. two apartments can dramatically effect proper classification. Accordingly, counsel should be sought to determine what is legally appropriate.

Contact Brandt, Steinberg, Lewis & Blond LLP for Experienced Representation

For more information regarding the reclassification of real property in New York, contact a lawyer at Brandt, Steinberg, Lewis & Blond LLP to discuss your legal issues. Call to make an appointment at 212-563-2200.