A5529

ASSEMBLY, No. 5529

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED MARCH 25, 2021

 


 

Sponsored by:

Assemblyman   RAJ MUKHERJI

District 33 (Hudson)

 

 

 

 

SYNOPSIS

        Concerns assessment of real property in municipalities located in certain counties.

 

CURRENT VERSION OF TEXT

        As introduced.

   


An Act concerning the assessment of real property and amending P.L.2017, c.306 and P.L.1945, c.260.

 

        Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

        1.       Section 10 of P.L.2017, c.306 (C.54:4-23b) is amended to read as follows:

        10.   a.   Regarding inspections of real property for purposes of a municipal-wide reassessment pursuant to R.S.54:4-23, in the case of a municipality located in a county wherein the county board of taxation is participating in the demonstration program established in section 4 of P.L.2013, c.15 (C.54:1-104) and in the case of a county operating under the "Property Tax Assessment Reform Act," P.L.2009, c.118 (C.54:1-86 et seq.), the assessor or the assessor   s lawful representative shall make three good-faith attempts to physically inspect the interior of all buildings or other structures on each of the [properties] parcels of real property in the municipality not later than December 31 of the eighth year immediately preceding the year of the implementation of the proposed district-wide reassessment.   The three good-faith attempts to physically inspect shall be made within the same tax year, and shall be made not less than seven calendar days of each other.

        The assessor shall annually provide to the county board of taxation, on or before January 31 of the subsequent tax year, an electronic file, in CSV format, containing the dates and times of each good-faith attempt to physically inspect the property pursuant to this subsection, and whether the attempt was granted or refused, or whether there was no response to the attempt.   Such inspections may be performed in an ongoing eight-year assessment cycle.   When available, a computer tablet or similar data collection device shall record the latitude and longitude of the parcel of real property to demonstrate the time and date of each inspection, and that data shall be included in the electronic file annually provided to the county board of taxation.   If, after the third unsuccessful good-faith attempt to physically inspect the interior of [the premises] all buildings or other structures on that parcel of real property, access [to the interior of the premises] has not been [granted by the property owner] obtained, for whatever reason, the assessor shall assess the property using other observations and sources, including information on the property record card maintained by the assessor.

        The county board of taxation shall not hear an appeal of the assessment of a parcel of real property conducted pursuant to this subsection if the three good-faith attempts to physically inspect were unsuccessful.   The county board of taxation shall, not less than

14 calendar days prior to the first hearing date of the appeal, provide written notice to every taxpayer who has filed an appeal of an assessment conducted pursuant to this subsection, and whose property has not been internally inspected after three good-faith attempts to physically inspect, stating that the taxpayer is required to permit the inspection of the interior of all buildings or other structures on the parcel of real property for which the appeal has been filed not less than seven calendar days prior to the first hearing date of the appeal.   The notice shall contain information to arrange for an internal inspection.

        b.       In the case of a municipality located in a county wherein the county board of taxation is participating in the demonstration program established in section 4 of P.L.2013, c.15 (C.54:1-104) where real property assessments are annually revised to reflect their true value and supported by an internal inspection program pursuant to this section, in addition to the inspections described in subsection a. of this section, after a deed is filed with the county clerk, the assessor or the assessor   s representative may physically inspect the interior of all buildings or other structures on that parcel of real property.   If the assessor or the assessor   s representative determines that an inspection is necessary, the assessor or the assessor   s representative shall make three good-faith attempts to physically inspect.   The three good-faith attempts shall be made not less than seven calendar days of each other.

        The assessor shall annually provide to the county board of taxation, on or before January 31 of the subsequent tax year, an electronic file, in CSV format, containing the dates and times of each good-faith attempt to physically inspect the property pursuant to this subsection, and whether the attempt was granted or refused, or whether there was no response to the attempt. When available, a computer tablet or similar data collection device shall record the latitude and longitude of the parcel of real property to demonstrate the time and date of each inspection, and that data shall be included in the electronic file annually provided to the county board of taxation.   If, after the third unsuccessful good-faith attempt to physically inspect the interior of all buildings and other structures on that parcel of real property, access has not been obtained, for whatever reason, the assessor shall assess the property using other observations and sources, including, but not limited to, information on the property record card maintained by the assessor.

        The county board of taxation shall not hear an appeal of the assessment of a parcel of real property conducted pursuant to this subsection if the three good-faith attempts to physically inspect were unsuccessful.   The county board of taxation shall, not less than 14 calendar days prior to the first hearing date of the appeal, provide written notice to every taxpayer who has filed an appeal of

an assessment conducted pursuant to this subsection, and whose property has not been internally inspected after three good-faith attempts to physically inspect, stating that the taxpayer is required to permit the inspection of the interior of all buildings or other structures on the parcel of real property for which the appeal has been filed not less than seven calendar days prior to the first hearing date of the appeal.   The notice shall contain contact information to arrange for an internal inspection.

        c.         As used in this section:

           Good-faith attempt to physically inspect    shall mean that the assessor, an employee of the municipality working on behalf of the assessor, or a representative of a revaluation company, or other company hired by the municipality to provide internal inspection services, shall physically arrive at the parcel of real property and request entry to the interior of the property.   If that person is unable to gain entry to the property or to perform an interior inspection, the person shall leave a notice affixed to the front door of the property with the appropriate contact information.   The notice shall state in boldface type that an attempt was made to inspect the interior of the property, and that an appeal of the property   s assessment shall not be heard by the county board of taxation until the interior of the parcel of real property has been inspected.

(cf: P.L.2017, c.306, s.10)

 

        2.       Section 1 of P.L.1945, c.260 (C.54:4-35.1) is amended to read as follows:

        1.       a.   When any parcel of real property contains any building or other structure which has been destroyed, consumed by fire, demolished, or altered in such a way that its value has materially depreciated, either intentionally or by the action of storm, fire, cyclone, tornado, or earthquake, or other casualty, which depreciation of value occurred after October 1 in any year and before January 1 of the following year, the assessor shall, upon notice thereof being given to him by the property owner prior to January 10 of that year, and after ex