Assessments
Dear Assessors:
This morning, the Washington Post published an article by
Debbie Cenziper, Nikita Stewart, and Ted Melnik entitle “DC Settlement
Surge Shrinks Developer’s Bills” in the print edition and “Surge in DC
Tax Office Settlements Reduces Commercial Property Owners’ Bills”
online,
http://tinyurl.com/c487nm5.
The article starts, “District officials have knocked $2.6 billion off
the taxable value of commercial properties owned by some of the city’s
most influential developers through a series of settlements negotiated
this year by the Office of Tax and Revenue, The Washington Post
found. The settlements — which in most cases went against the earlier
recommendations of staff appraisers — reduced the 2012 assessments of
more than 500 commercial properties. Some owners saw the value of their
multimillion-dollar properties lowered by 40 percent or more, which
shaved tens or even hundreds of thousands of dollars off their tax
bills. In a city chronically strapped for cash, the settlements
represent a $48 million reduction in potential revenue for the 2012 tax
year.”
The Office of the Chief Financial Officer disagrees with the
Washington Post’s conclusions, and its reply is published below. How
do you assess the arguments?
Gary Imhoff
themail@dcwatch.com
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CFO Reply on Real Property
Assessments
Stephen M. Cordi, Deputy Chief Financial Officer,
stephen.cordi@dc.gov
The Post August 8 article, “DC settlement surge shrinks
developer’s bills,” comes to erroneous conclusions regarding the
commercial assessment appeals process by the Office of Tax and Revenue (OTR).
We stand by our real property assessment process and, specifically, the
assessments of the properties identified in this article. For instance,
in the Gallery Place property, the assessor based his assessment on
theoretical rent instead of actual rent that was being derived under the
existing rental contracts. This is the kind of error that supervisory
assessors are required to identify and correct. Even after the
correction of this error, the assessment on the property actually
increased by 6.5 percent between tax year 2011 and tax year 2012.
Assessors do not always have benefit of important income information
at the time of the initial assessment or even at the first level appeal.
Current law requires that all assessment notices for the coming year be
mailed by March 1, well before the April 15 deadline for taxpayers to
submit the latest income information to the OTR for review. Because of
this inherent lag in the filing cycle, revisions at all levels of appeal
based on the new information are often necessary. Whenever OTR reached
an agreement with the property owner on the estimated market value of a
particular property, the Board of Real Property Assessment Appeals (BRPAA)
approved it (BRPAA is required by statute to review and approve any
settled assessment amount). Resolution at the BRPAA level is an
important part of the appeals process that also stabilizes the caseload
at Superior Court.
The Superior Court, according to its web site, experienced an
increase from 317 at December 31, 2007, to 1,462 at December 31, 2011,
in the number of pending appeals. In December 2011 and at the request of
the Superior Court to alleviate the case backlog, OTR met with tax
practitioners, and both parties resolved to participate in
post-mediation case resolution sessions to settle upon assessments that
reasonably reflect the estimated market value of the property under
appeal. As with settlements at BRPAA, these settlements before the
Superior Court are subject to the court’s review and approval.
The chart below reflects BRPAA’s annual reductions of OTR assessments
from 2007-2012, occasioned by decisions, settlements and recommendations
from the Office of Tax and Revenue for adjustments. There is nothing
unusual about the amount of total commercial reductions by BRPAA for
2012. It is comparable to all years since 2007, other than tax year
2011. So whether the reductions came from settlements or contested
cases, the results for the District were essentially the same. The total
BRPAA reduction for 2011 is the only outlier. The decrease in
2011 was the result of the substantial drop in initial commercial
assessments from approximately $68 billion to approximately $59 billion.
Lower initial assessments, in the face of a sharply falling market,
predictably resulted in lower reductions at BRPAA. There was no similar
decrease in any other year. The chart below also confirms that higher
settlement amounts in 2012 did not result in a loss of tax revenue to
the District over what one would have expected on the basis of BRPAA
reductions in other upmarket years.
Total BRPAA Changes to Assessed Value (Numbers Reflect Reductions)
Tax Year Class
1
Class 2
2012
(184,747,788) (2,766,778,488)
2011
(237,223,918) (1,022,373,687)
2010
(432,504,030) (2,613,789,061)
2009
(249,110,780) (2,820,523,708)
2008
(197,713,901) (2,641,667,524)
2007
(202,583,325) (2,359,094,066)
Totals (1,503,882,742)
(14,224,226,534)
Averages (250,647,290)
(2,370,704,422)
The article also incorrectly assumes that a settlement or stipulation
automatically represents a loss to the District. Nothing could be
further from the truth. Even in cases where OTR was confident that it
would win by proceeding to hearing at BRPAA, 33 percent resulted in
reductions in assessed value. In many cases, the taxpayer presents
documents that support a lower value than the proposed settlement
amount. Rather than risk a greater loss at BRPAA or Superior Court, OTR
arrived at reasonable settlements in order to reduce the cost of
litigation and preserve the District’s tax revenues.
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After the recent derecho storm Brookland looked like a battle zone.
It is not surprising that a little PTSD (Post-Traumatic Stress Disorder)
sets in, and trees are viewed as a potential threat to life and limb. I
can’t blame anyone for keeping an eye peeled to thirty feet above the
ground for any potential missiles. A recent news report — everybody
carried this story in a big way — was about a large tree that
“unexpectedly fell on their vehicle” on Georgetown Pike (CBS News),
actually resulting in a person killed (Albert Roeth III). And Pepco, in
its multi-million dollar public relations blitz, which was paid
undoubtedly out of operating funds, blamed trees for the recent power
outages. In fact, a recent bill proposed in April in Montgomery County
gives Pepco the right to cut down any tree it wants, regardless of the
owner, or where it stands. Pepco claims that the “overwhelming majority
of power outages are the result of falling trees” ( http://www.gazette.net/article/20120803/OPINION/708039737/0/gazette&template=gazette).
I understand that when we look at what happened here during the storm
it seems perfectly reasonable that trees are a constant threat to our
well being. So we should be able to prove this by adding up all the
losses, injuries, and that old reliable mainstay of social analysis:
insurance records. First, the power outages. Trees do take down power
lines, of course. Are trees, in fact, the main culprit for unreliable
electricity? An analysis by the Washington Post shows that 24
percent of power outages were caused by trees — 44 percent were cause by
equipment failures. If we think of the thousands of transformers and
capacitors that make up the grid, this is not surprising. Washington’s
tree canopy is not super dense, and in areas of the city where ‘the
money’ lives, power lines are underground. So, in effect, the PR
department at Pepco was seizing on public distress of flying trees and
using it as a cover for their own profit motives. In fact, according to
Pepco’s own Jim Hunter “No matter what happens, Pepco gets its money,”
as they get paid extra for storm damage. Blaming trees deflects and
mutes criticism.
How much property and lives are hurt by trees in these storms? An
analysis titled “Human fatalities from wind-related tree failures in the
United States, 1995-2007,” (Kent State University) shows the District of
Columbia suffered two deaths from wind-related tree failures over that
twelve-year period, a rate of 3.5 deaths per million population. The
American Meteorological Society reports that between 1986 and 2003,
there were 153 Derecho storms in the US, causing $1.3 billion in damages
with some 153 fatalities. Of these, 5 percent were cause by tree limbs.
The majority of deaths were caused by overturned vehicles, mobile homes,
camping, and other flying debris.
I’m not belittling or trying to downplay the tragedy of lives lost in
a storm, or the wrenching experience of having a tree fall on one’s
house. My point is simple: Taken together, trees have an enormous
benefit, and a constrained downside. On balance, the good outweighs the
bad. By some estimates the lifetime of a single tree will offer $90,000
of direct benefit to its community, not including aesthetic, social, or
natural benefits. Some examples: planting strips separate traffic
participants, preventing accidents. Businesses on treescaped streets
have, on average, 20 percent higher income streams that those on barren
streets. And so on. Our very own Brookland-based Casey Trees, a
nationally lauded organization, offers a Tree Benefit Calculator ( http://www.treebenefits.com)
that allows quantification of some benefits by tree type and zip code.
The specific benefits include stormwater control, property value,
energy, and air quality. I determined the 36-inch Pin Oak tree in my
yard benefits at the rate of $275 per year. I can see that as it shades
most of my house at 2:00 p.m. every day. Most rational observers will
have to agree that the objective value is significant.
It is a fact that neighborhoods with more trees have less crime —
this is a common sense observation of you travel the country, and it is
actually measurable. In and around Baltimore a GIS Analysis revealed
that a 10 percent increase in standing trees correlates to a relative 12
percent decrease in crime. Why, you may ask? People like to walk around
trees. More people walking around, more witnesses, less crime. A
community that enjoys its environs is less blighted. Closer to home:
Wards 3 and 4 have 57 percent and 49 percent tree canopy coverage
respectively, Ward 5 has 28 percent, with 1.6, 9.6, and 13 violent
crimes per 1,000 population, respectively. It is eerie how closely crime
stats follow canopy coverage rates.
Correlation does not imply causation, people say. Ok, fine. In the
end, if we don’t like trees, we’ll live in a place like Salton City in
the Imperial Valley in California. Desolate, colorless, hot — and really
really cheap to live. Without clean water and fresh air, of course. Fear
of falling trees is a phobia understandably brought on by witnessing
real events, but we should not overreact. Cutting and eliminating trees
wholesale will lower the value of our community, increase blight, and in
the end lower property values by significantly more than is in question
from falling tree parts. The cost of falling trees is already built in
to a home insurance payment today, but the benefit of trees is not
always so clear, until they’re gone.
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Olympic Gold Medalist Hero Closer to Home
Anne Sullivan,
sullyterp@gmail.com
I agree that Gabrielle Douglas’ performance in the women’s gymnastic
competition at the Olympic games was thrilling. She is an awesome
athlete and deserves all the accolades she is receiving.
If you are looking for an impressive Olympian from the DC area who is
from a town much closer than Virginia Beach, please consider the
performance of Katie Ledecky, a fifteen-year-old rising high school
sophomore who lives in Bethesda, MD. Katie won the gold in the 800M
freestyle event. She broke the USA record in the event and came within
half a second of breaking the world record, which had previously been
set by the woman who won the silver in the event.
Now, I don’t know about you, but it would probably take me hours to
swim 800M freestyle, yet this youngest athlete from the entire USA
delegation swam this distance in a little over eight minutes. Here is a
condensed version of the broadcast:
http://www.nbcolympics.com/video/2012/top-nbc-moment-katie-ledecky-sets-american-record.html.
The dedication and amount of training this young lady has put into her
sport, along with the spectacular result at the London Olympics, is
deserving of accolades galore.
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