Ask the Lawyer

Real Estate

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Q: My commercial property has been cited for pollution and I have to spend money to clean up. Does that reduce my taxes while I can’t use the property?

A: The answer is maybe, as all property in Nassau, residential and commercial, need to be valued each year based on its condition as of each January 1st. Properties that have to be cleaned up from pollution or renovated due to a fire or have substantial vacancy, etc., should have reduced taxes. However, if you did not file the protest during the applicable period it is too late to complain when the tax bill comes. The protest period for the 2012 taxes was January 1, 2011. Be sure to seek legal counsel before the upcoming deadline. The next protest period is January 2013 for the school tax bill you will receive in October 2014. If the property is in a Village the assessment has to be separately protested; possibly at an earlier date.

Richard G. Fromewick is the Chair of Meyer, Suozzi, English & Klein, P.C.’s Tax Certiorari and Condemnation practice located in Garden City, Long Island, N.Y. which centers on providing a full range of real estate tax assessment services.

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