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Appealing an Unappealing Assessment
Mark Eckenwiler, themale at ingot dot org

Now that March has brought my new Tax Year 2005 assessment (about which more another time), I am reminded that my appeal of last year's assessment still hasn't been scheduled by BRPAA. I filed my timely second-level appeal on July 3, 2003, but after eight months nothing has happened. Periodic calls to BRPAA produce only vague reassurances that “We're continuing to schedule hearings.”

Has anyone had a hearing before BRPAA on a TY2004 assessment appeal? If so, have you gotten a decision?

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Tax Year 2005 Assessments
Peter S. Craig, swedecraig@aol.com

The Office of Tax and Revenue has done it again. One would think that responsible local officials would heed court decisions, but the Office of Tax and Revenue (OTR) is not. Last June, in the pending class action suit against TY 2002 assessments, Judge Eugene Hamilton rejected OTR's arguments that merely notifying homeowners of their new assessments was sufficient notice under the law. He there found the notice issued for TY 2002 was a “sham.”" (Peter S. Craig, et al. v. D.C., Tax Docket No. 8112-02: “Notice must mean reasonable notice, which as a minimum would require that each notice inform the owner of the current assessed value, an indication of the reason for any change in the assessment, a statement explaining the right of appeal procedures, a citation of the regulations or orders under which the property was assessed and the location of the assessment roll and sales ratio studies referred to and the hours during which the information is available to the public. Failure of the notice to provide this information would be no notice and constitute a sham.”

The notices which property owners received over the weekend do not comply with legal requirements. They give, as the sole reason for changes, the claim that, "An analysis of local real estate market conditions has resulted in the above proposed assessment." However, they don't identify the analysis or tell the homeowner where to find it. They don't inform the taxpayer how the assessment numbers were derived for his property. Without such information, property owners are left in the dark on how to appeal if they are dissatisfied with the assessment.

Here, however, are a few tips — 1) ask your assessor for a) your property record card, b) a list of sales in your neighborhood, and c) the Vision cost data sheet for your property. The latter shows how the assessment on your land and improvements was constructed. 2) Ask your assessor for copies of all "market analyses" used in developing the numbers shown in your Vision cost data sheet, particularly those used in estimating the value of your land and in constructing the "neighborhood multiplier" used. 3) Your assessment is supposed to be 100 percent of the estimated market value of your real property on the valuation date (January 1, 2004). That is not the same thing as the probable selling price of your property on that date. The assessment is on real property only and is not an assessment on personal property passing in a sale (refrigerators, etc.), or the cost of sale (agents' commissions, fix-up costs, closing costs) or the transfer tax (1.5 percent of selling price) if you had sold your house on that date. I estimate that, on average, such deductions for personal property, costs of sale and taxes are 10 percent of the selling price, so that the assessment should be about 90 percent of the probable selling price. OTR ignores this difference so that, on average, its assessments are about 11 percent too high.

3) The most important data used for your assessments is not shown on the Internet. But it is shown on the cost data sheet for your property. The three primary drivers in estimating the cost of replacement new less depreciation and obsolescence are a) its "living area," b) its "grade," and c) its "depreciation and obsolescence." The “living area” is defined in the Assessor's Manual on the Internet. a) Last year OTR made a mathematical error in computing “living area” by failing to exclude half of the area of the top floor on each house. This resulted in over assessing improvements throughout the city by about 10 percent. b) There are six basic “grades” of houses —1 (poor), 2 (fair), 3 (average), 4 (good), 5 (very good) and 6 (excellent). Then there are six more super-grades (Classes I through VI) for “exceptional houses.” These are defined in Marshall & Swift publications, but are not shown by OTR on the Internet in its Assessor's Manual. In general, assessors are inclined to exaggerate the "grade" of houses in the more affluent sections of the city. In TY 2004, for example, 100 percent of the houses in Cleveland Park were graded as 4 (good) or higher and about half were graded “exceptional.” c) “Depreciation and obsolescence” is also an area where many assessment mistakes are made. Last year OTR used depreciation tables which capped out at 19 percent. Only persons filing administrative appeals received higher depreciation rates, thereby reducing their assessments on their improvements.

4) The two primary evils of the assessment process are OTR's across-the-board multipliers on land values and its use of "neighborhood multipliers." These are unwarranted departures from the requirement that assessments be property-specific. Improvements are supposed to be determined on the basis of the cost of replacement new less depreciation of your house, not any neighborhood average. The value of your land should be determined by its market value (90 percent of probable selling price on valuation date) less the net replacement cost of your improvements.

OTR's estimates of land values are based on square footage formulas which vary according to the “neighborhood“ or “subneighborhood” to which your house is assigned. Thus there is a different formula for the north side of Rodman Street (assigned to North Cleveland Park) than the south side of Rodman Street (assigned to Cleveland Park). Factors other than size (such as busy streets, topography, landscaping, availability of parking) are totally ignored. Some property owners have secured reductions in land values by pointing out such factors. In constructing its land value tables, OTR uses gross sales data (unadjusted for deduction of personal property or selling cost) and assumes that 40 percent of the selling price for the median sale in a neighborhood represents the value of the land for that property. From this base its tables varying on size alone are constructed. In my block, land values for TY 2005 went up between 16 percent to 20 percent, averaging a 17.4 percent increase. Building values are improperly adjusted by OTR through "neighborhood multipliers," the derivation of which it has never been shown by OTR in any publication. Presumably, it also is based on gross sales prices in 2003, and therefore includes non-real property items such as personal property, selling costs, and transfer taxes. There is absolutely no justification in adding this multiplier to every property, as OTR has done. In my block in Cleveland Park, for example, the assessments on improvements (houses, garages, etc.) went up 21 percent, although the cost of building (materials and labor) did not go up nearly this much. Most of the increase appears to be due to the "neighborhood multiplier."

What should you do? If your assessment exceeds 90 percent of what you think your house would have sold for on January 1, 2004, you should consider appealing on the basis of valuation. If your assessment is out of line with assessments of houses sold in your area in 2003, you should consider appealing on the basis of discrimination. (You do not need to file the papers suggested by OTR in its appeal form.)

You should also consider asking your Council member to reduce the tax rate on residential properties with homestead deductions. Despite spiraling increases in assessments, the Council has been laggard in making corresponding reductions in the tax rate. Under recent legislation persons occupying their own home get only a $364.80 reduction in their taxes. Ten years ago, my homestead exemption reduced my property taxes by $1,461.71. The Council has granted dramatic reductions in tax rates for nonresidents owning property in DC, but DC resident homeowners have been left holding the bag.

Please do not call me. I am working 24/7 on drafting papers due in support of the forty-nine petitioners' motion for summary judgment in the class action suit involving TY 2002 assessments and have no spare time to help.

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Challenging Fraudulent Claim to Homestead Exemption
Paul Michael Brown, pmb@his.com

There is a vacant house across the street from where I live that's in terrible shape. Looking at the online property tax records, I see the owner fraudulently claims the homestead exemption and the senior citizen exemption. What is the best way to get the District to correct the property tax classification?

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Controlling DC’s Libraries, Part 2
Dorothy Brizill, dorothy@dcwatch.com

Prior to this Tuesday's legislative session of the city council, both Councilmember Jack Evans and Council Chairman Linda Cropp wrote to Mayor Anthony Williams, asking him to reappoint Alexander Padro to the Board of Library Trustees. They were rebuffed. Before all of the public legislative meetings of the council, councilmembers hold private meetings out of the public view to negotiate with each other and arrive at the decisions that they will vote on during their public session. Yesterday, at their private breakfast meeting, councilmembers decided to consider and approve of only two of the Mayor's three nominees to the library board, Myrna Peralta and John Hill, Jr., and not to consider the Mayor's nomination of Georgetown real estate developer Richard Levy. Their thinking was that that would leave one vacancy on the library board, and the council's plan was for all of the councilmembers -- in a highly unusual act of unanimity -- to sign another letter to Mayor Williams asking him to reconsider and reappoint Padro.

The problem with the council action is that John Hill was specifically nominated by the mayor to replace Padro, so that the councilmembers' approval of Hill automatically removed Padro from the board.

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In the Dark
Ed Dixon, Georgetown Reservoir, jedxn@erols.com

The Board of Education, despite its lackluster reputation, is changing its way of business. The Board recently reduced its governance over DCPS by eliminating its committee structure. It also issued a declaration on ethics which could act as a backdrop to upcoming business decisions. The recent low key disposition of the Evans Middle School to the Maya Angelou Public Charter School is an example of how business could begin to transpire over the next couple of years. The consideration of James Shelton as interim superintendent is most likely another step in that direction. But, its not clear that with city leadership focused on governance issues anyone really understands what the Board has been doing. The Board has been in the unenviable position of trying to pay for traditional reform with a limited line of credit to do it. That line of credit essentially maxed out in the fall of 2002. For all practical purposes, demands for reform have to be paid for from somewhere. Traditional reform cannot happen anymore within DCPS', budget which basically goes to personnel and external special ed costs. Building repairs, academic programs, and additional personnel who are paid living wages will not come out of the budget as it is. As a result, charters, special ed litigation, and the suburbs will continue to pull students from the system, further eroding DCPS' formula base.

So the school system has to reform by proactively dismantling itself. To that end, the Maya Angelou deal could save the system money and political headache by 1) moving troubled kids test scores off the DCPS register, 2) moving troubled kids out of teachers classrooms and schools that are unable to properly address their needs given the current funding, 3) reducing DCPS building and personnel costs by facilitating RIFs and closures, and 4) reducing the special ed and dropout liability that troubled kids can present. There is very little reason that this program couldn't be run by putting money into any of the alternative ed programs at DCPS. However, the problem is where is the money going to come for the need to improve and expand the current alternative ed programs. The city is about to declare bankruptcy for the second time in a decade. Maya Angelou's parent organization, See Forever, having planned this expansion since at least 2002, has put together that money package outside of DCPS. James Shelton was the cocreator, with Eugene Wade, of the for-profit educational management organization called LearnNow Inc. LearnNow manages the Southeast Academy and the Community Academy in Washington. In the summer of 2001, the EMO, Edison Schools bought LearnNow making it a subsidiary. Meanwhile, Shelton has maneuvered for a superintendent position by participating in the Broad Foundation's superintendent training in 2002. His MBA and Masters in Education are from Stanford, home of the public policy Hoover Institute. Hoover is a centerpiece at the university and has strong opinions on education. Many at Hoover hope to eliminate "entrenched interests" in public education and let market forces in their purest form rule education in the country.

Along those lines, Shelton, working with a school board without committees, will be able to attack DCPS' failing schools aggressively. Under such a scenario (and noting that Evans was a transformation school), DCPS transformation schools could be an idea of the past. City business leaders have asked for a school system that can open and close up shop around their needs. If businesses are willing to write a check to make it happen, the school system could start a lucrative business of its own. Certainly, Councilmember Chavous has been supportive of the charter concept. DC with one of the most liberal chartering authorities in the country, allowing up to twenty per year, could move quickly in this direction. Shelton is the type of person that the Washington Post editorial called for in January as a new superintendent. The Board's consideration of Shelton could explain some of outgoing interim superintendent Massie's reluctance to continue with the Board and its aggressive agenda. The Post editorial was an assault on the "thin skinned shrinking violet" school of education superintendent mold (an indirect attack on Massie) and a call for a leader with business sensibilities. The school board is set to announce a new interim posting this week. Whether or not they will choose Shelton is still unknown. Meanwhile, business and civic leaders are concerned that the system is not reforming fast enough under the current governance structure and floated a plan to usurp the Board's power. Somewhat comically the group will spend the week lobbying the Mayor and Council to press for minimizing the Board's role in the reform discussion. Having made the Maya Angelou deal and with Shelton on deck, it should be interesting to see if the Board has out-businessed the business interests.

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Appointed School Board and Lead Service Pipes
Richard Urban, rurban@urbangrocery.com

I think that the School Board should be elected. Parents, teachers, and students should have a large say in the operation of the schools. Appointing Board members does not give a greater say to parents, teachers and students, it gives less.

If you can access the basement or crawl space under your home, you may be able to see the pipe that enters your home from outside. If it is made of a dull brownish/gray soft metal (can be easily nicked, and may be curved, as it can be bent without cracking or creasing), then it is most likely a lead service line. Our home, near Lincoln Park, has a lead service line. We use a countertop water filter, which removes lead.

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Lead Service Lines
Ann Loikow, aloikow@verizon.net

You can generally tell if you have a lead service line in two ways: 1) if your meter is in the tree box area, it is probably lead. When WASA replaces lead service lines, it moves the water meter to the property line (usually on the house side of the sidewalk). 2) Look at the water pipe entering your basement where the main water shutoff for the house is. If it is gray and looks like a soft malleable metal, it is lead.

Hope this helps.

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Monumental Litter Problem in Rock Creek
Ralph Blessing, rblessin88@hotmail.com

On Sunday my wife and I took a stroll into Rock Creek Park along the trail that begins at Holly and 16th, not far from the Maryland line. A delightful day and a pleasant stroll, until we came upon a horrendous accumulation of hundreds, if not thousands, of bottles and other types of containers right in the middle of Rock Creek. A couple of large trees had fallen across the stream and, in effect, created a dam, blocking the flow of trash that apparently had been washed into the creek through catch basins to the north. The good news is that it's all in one spot and, as a result, could be removed, in theory at least, in a relatively easy manner — as well as the fact that it's not ending up further downstream all the way to the Potomac. The bad news is that the location is rather inaccessible for the type of equipment that would be necessary to get at the debris. It's just a stone's throw south of where Wise Road meets Beach Drive; however, it's at the bottom of a steep incline. Because it's in midstream and of such quantity, it's probably not the type of cleanup that volunteers should attempt by hand. But is there any alternative? Does anyone know who should be contacted at the National Park Service to address this type of problem?

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Scheduled Street Sweeping Resumes on March 15
Mary Myers, mary.myers@dc.gov

The familiar, three-wheel orange street sweepers will be rolling out of hibernation to resume scheduled street cleaning operations beginning on Monday, March 15. Parking restrictions during street sweeping hours will also be in effect once again. Parking citations ($30 fine) will be issued to vehicles parked during street sweeping hours in areas posted with “No Parking/Street Cleaning” signs. Street sweeping reduces debris that would otherwise be carried by rain and run-off into the city's storm drains, polluting the District's rivers.

The majority of the city's sweepers are diesel-powered 16-foot, 14-ton broom sweepers. These machines remove trash and small debris from the street by sweeping it onto a conveyor system, which transports the material into a debris hopper. Each sweeper has a hopper capacity of approximately one ton of dust, dirt and trash.

Normally, the District cleans 4,000 lane miles of city streets each month. However, daytime, residential street cleaning is suspended annually during January, February, and the first two weeks of March. Department of Public Works (DPW) officials explain that the large street-sweeping machinery spreads a thin layer of water under its rotating brushes to prevent excessive dust from being stirred into the air. The water can create hazardous road conditions during the winter when temperatures typically fall below freezing.

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The Gang of Seventeen
Ed T. Barron, edtb@aol.com

The Mayor's gang of seventeen business leaders, et al., have released their “plan” to overhaul and “fix” the D.C. Public Schools. No chance, folks. Without even reading the plan I can tell you it has zero chance of working, nada. Why not? Because it is a “top down plan” (according to the Post on Tuesday). Top down plans will never work because the real work is not done at the top. The work is done in the trenches, right in the classrooms. Good schools work because the teachers find ways to get the most from their kids. Facilities don't matter either. You are working in the best facilities of all, the minds and hearts of the kids.

If anyone really will fix the schools, they will work from the bottom up. Establish a great mission at the top, one that will show how processes and the system should work. Then let all of the organizational elements (read schools) establish their own mission statements and goals. The let each of the schools determine how it will accomplish its mission and goals. if you don't directly involve those who must make things happen in establishing how changes will be made, and empower them to make things happen, then we'll have just another ten years of same ol', same ol'.

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A Real Jose
Victoria McKernan, victoriamck@mindspring.com

Wow — never thought in a million years that “Jose and the boys” would be construed as racist! Sorry, it's just that my eternally reliable, creative, handyman expert, fixer of almost all things is actually named Jose! Sixty years ago it might have been “Mickey” or “Stanley” or “Tony and the boys” as the Irish, Polish, and Italian waves cycled through the population of skilled and hardworking immigrants that keep our homes from falling down around our knees.

Dang, I also have a plumbing problem too big for "Joe and the boys" but I don't want to risk offending the butt crack lobby.

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CLASSIFIEDS — EVENTS

DC Democratic Party Delegate Selection, March 6
Dorinda White, dorinda@rindimedia.com

The District of Columbia Democratic State Committee held its presidential preference caucus on Saturday, February 14. This was the first step in determining the apportionment of delegates to each candidate. On March 6, delegates will be chosen by vote. DC Democratic Party Delegate Selection will be held Saturday, March 6, from 10:00 a.m.-2:00 p.m. at the University of the District of Columbia Gymnasium, 4200 Connecticut Avenue, NW. Participation in the District of Columbia Delegate Selection process is open to all District voters who are registered Democrats.

A district-level delegate and alternate candidate may run for election only within the district in which he or she is registered to vote. Registered Democrat voters can vote between the hours of 10:00 a.m. to 2:00 p.m. on March 6. Voting for religious observers will take place on Friday, March 5, from 9 a.m.-5 p.m. at DC Democratic Party Headquarters, 499 South Capitol Street, SW, Suite 420. Phone 554-8790.

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DC Public Library Events, March 6 and 9
Debra Truhart, debra.truhart@dc.gov

Saturday, March 6, 10:00 a.m., Juanita E. Thornton/Shepherd Park Neighborhood Library, 7420 Georgia Avenue, NW. The Path to Homeownership Begins at Your Library, a program on how to become a homeowner, sponsored by the American Library Association (ALA) and Wells Fargo Home Mortgage. Public contact: 541-6100.

Tuesday, March 9, 6:30 p.m., Cleveland Park Neighborhood Library, 3310 Connecticut Avenue, NW. Cleveland Park Film Club. Come see Mr. Holland’s Opus, starring Richard Dreyfuss. Adults. Public contact: 282-3080.

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UDC Day, March 24
J. Michael Andrews, mandrews@udc.edu

District of Columbia high school juniors and seniors, as well as their families and other City residents who are seeking higher learning, are invited to attend “University of the District of Columbia (UDC) Day” on Wednesday, March 24, to learn about the many options available at UDC. The event, which takes place on the University’s Van Ness Campus located at 4200 Connecticut Avenue, NW, begins at 10 a.m. and ends at 7 p.m. UDC Day will present a kaleidoscope of academic information and activities, and will offer prospective students an in-depth, one-on-one view of the District’s only public, land-grant institution of higher education.

UDC Day’s March 24th day long schedule of special activities and programs will give attendees an opportunity to meet faculty, administrators, staff, matriculating UDC students, and alumni -- all of whom are helping UDC chart new territory for 21st century learners. As guests learn about the more than 75 excellent academic programs, they will discover how they can design a blueprint for the future and its challenges. Those attending will also have a chance to actually apply for admission to UDC. Moreover, campus tours and other activities, including music and entertainment, will give prospective students a firsthand taste of the entire college atmosphere. “The prospective college student of the District needs to know what opportunities are available to them in their own back yard,” says Dr. William L. Pollard, president of the University. “We offer a quality education to everyone in the District at a price that cannot be beat. ‘UDC Day’ will give us a great opportunity to show citizens what we’ve got.”

UDC Day’s theme — “A New Day, A New Opportunity” — says it all. With its affordable cost, central location, and quality academic programs, the University of the District of Columbia is the bright beginning that youth and working adults of the nation’s capital deserve. For more information about “UDC Day” call the University’s Office of Recruitment and Admission at 274-6021. And for more information on other University activities, contact Mike Andrews, Senior Director for Communications and Alumni Affairs at 274-5685, or, visit the University’s web site at http://www.udc.edu. The University of the District of Columbia can be reached by Metro via the Red Line (Van Ness/UDC stop).

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Coaching Each Other, A Workshop with Doug Lipman, March 25
Brad Hills, bradhills@washingtonstorytellers.com

Get ready to create and fine-tune a supportive coaching community. In this workshop, you'll learn a set of principles for coaching that is both incisive and supportive, and that responds to each teller's needs and desires. You'll learn a four-part structure for coaching, and particular ways to adapt it for leaderless groups. Doug Lipman is the foremost storytelling coach in the United States. He has been offering his coaching services to storytellers since 1979 and, since 1990, it has become his most important activity. Lipman has traveled from coast to coast teaching hundreds of workshops and courses on the art of storytelling to teachers, parents, librarians, and professional performers. Many graduates of his storytelling classes have become central figures in the storytelling community.

Lipman is the author of three books, including the award-winning The Storytelling Coach: How to Listen, Praise, and Bring Out People's Best. His instructional video, Coaching Storytellers: A Demonstration Workshop for All Who Use Oral Communication, is a bestseller in the National Catalog of Storytelling Resources. Thursday evening, March 25, 7-10 p.m., 8270 Georgia Avenue, Suite 303, Silver Spring, MD. Fee, $35 (WST members, $30). Registration: 301-891-1129.

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To Be Young, Gifted, and Black, March 26-April 3
J. Michael Andrews, mandrews@udc.edu

The University of the District of Columbia Theater Company announces its production of “To Be Young, Gifted And Black: A Portrait Of Lorraine Hansberry In Her Own Words,” playing March 26 to April 3 in The University Auditorium, 4200 Connecticut Avenue NW. In 1959 Lorraine Hansberry received The New York Drama Critics Circle Award for her first play, "A Raisin in the Sun." At age 29 she was the first woman, the youngest American and the only black playwright to win this award. In 1965, while her second play was playing on Broadway Ms. Hansberry died of cancer at age 34.

To commemorate her measureless spirit, Ms. Hansberry’s late husband and literary executor, Robert Nemiroff, wove a play from her letters, diaries, notebooks, and excerpts from her plays both produced and unpublished. “To Be Young, Gifted and Black” was the gift Nemiroff created to show the social context of this vibrant, influential writer. Lucretia Anderson, director of the UDC Theater Company production says of the play: "A flame has been ignited to share Lorraine’s work and educate another generation about the life of a woman whom I strongly believe to be one of the great literary and philosophical minds of our time."

Evening performances will be held at 7:30 p.m. on March 26 and 27, and also April 2 and 3. Matinees are held March 26 at 10:00 a.m., April 1 at 12:30 p.m. April 3 at 3:00 p.m. General Admission is $10.00. The price for students and seniors is $5.00. Group rates are available. Contact Professor Judith Baldinger at 274-5749 for further ticket information.

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Hazardous Waste and Electronics Collections, April 3 and 24
Mary Myers, mary.myers@dc.gov

The DC Department of Public Works (DPW) will hold its biannual household hazardous waste event at two locations on Saturday, April 3m from 9 a.m. to 3 p.m. Residents may bring household chemicals and other materials to the Carter Barron Amphitheater parking lot at 16th and Kennedy Streets, NW, or to the Penn Branch Shopping Center parking lot at 3220 Pennsylvania Avenue, SE. This drop-off service is free and open to all District residents. DC residents can bring items including old cleaning and gardening chemicals, small quantities of gasoline, pesticides and poisons, acids, varnish, oil-based paints, solvents, aerosols, wood preservatives, spent batteries of all kinds, roofing tar, chemistry sets, automotive fluids, even asbestos floor tiles to the collection site for environmentally safe disposal. A professional hazardous waste contractor will remove materials from residents' vehicles. The materials will then be taken to an Environmental Protection Agency (EPA)-approved facility for processing.

Electronics recycling, normally conducted in conjunction with the household hazardous waste collection, will instead take place at the Carter Barron parking lot on April 24, from 9 a.m.-3 p.m. Residents are asked to bring computers, cell phones, television sets, office equipment and other electronics to that special collection event.

Items that will not be accepted during the household hazardous waste collection day include munitions, explosives, bulk trash, wooden TV consoles, propane tanks, microwave ovens, and other appliances, as well as radioactive or biologically active wastes. For more information on household hazardous waste, visit the DPW web site at http://www.dpw.dc.gov/info/house_haz_waste.shtml.

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