News

July 3, 2008

Appeal? Expert says prepare

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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If you disagree with your new assessed property value and plan to appeal it, be prepared to answer this: “What do you feel your assessment should be and what evidence do you have to support it?”

These are the queries to expect from a Luzerne County Auxiliary Board of Assessment Appeals, board Chairman Andy Shiner said Wednesday.

A certified appraiser would best provide necessary evidence. Consulting an attorney is another option to consider, Shiner said.

At least one attorney has been targeting potentially disgruntled property owners, headlining a newspaper ad for her law practice with “Real Estate Assessment Appeals.”

Theresa Brennan, of Brennan Legal Services in Hazleton, said her Yellow Pages ad mentions her experience in assessment appeals, but she tailored the newspaper ad anticipating reassessment mailings to Hazleton area property owners in coming weeks.

“I expect to be inundated with calls,” Brennan said.

Shiner said the law doesn’t require those who file appeals to have an attorney, but property owners and/or their attorneys must be present at hearings. Relatives or friends can’t fill in.

Shiner said the best evidence that can be presented is a certified appraisal with an effective date of Jan. 1, 2008. Appraisals with other effective dates won’t hold any weight with the board, even if more recent, he said.

Professional appraisals typically run from $200 to $350, but can be up to $1,000 for larger properties, he said previously.

Shiner said property owners should address mistakes on property descriptions through an informal review with 21st Century Appraisals.

Attorney Michael R. Kostelansky, a former solicitor with the appeals board and now with Cardoni & Associates, Kingston, said it would be wise to consult an attorney if a property owner believes there is a significant discrepancy between a newly assigned assessed value and the actual value.

He said such consultations are free or low-cost, and the attorney could advise on whether an appeal would be worth it.

Kostelansky also said those dissatisfied with the results of an appeals board decision can appeal to the county Court of Common Pleas.

Peggy Engle, a managing attorney with North Penn Legal Services’ Wilkes-Barre office, said the agency is offering a free seminar on June 17 at which four attorneys will explain what reassessment is, what people should do if they believe their reassessed value is incorrect and how to file an appeal. The seminar will also include a mock assessment appeal hearing.

North Penn provides free legal services to low-income clients and senior citizens, but won’t be representing anyone in assessment appeals because, “unfortunately, our offices don’t have the resources,” Engle said.

Engle said people who can’t afford attorneys for appeals should try to learn as much about the process as they can. That’s why North Penn decided to offer the free seminar.

LEARN MORE

Learn more about assessment appeals at a free seminar 10-11:30 a.m. June 17 at Genetti Hotel & Convention Center, 77 E. Market St., Wilkes-Barre. Registration is required and limited to 150 people. Call 825-8567, extension 101, by June 12 to register.

Steve Mocarsky, a Times Leader staff writer, may be reached at 459-2005.

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