Credit: Funtap/Adobe Stock Court of Appeals Resolves Uncertainty Over Right of Commercial Tenants To Challenge Taxes
The Court of Appeals decision in DCH Auto v. Town of Mamaroneck has resolved a "raging controversy" over whether tenants who are contractually obligated to pay real property taxes had a right to challenge the assessment at the administrative level.
August 24, 2022 at 10:00 AM
8 minute read
Real Estate
The recent Court of Appeals decision DCH Auto v. Town of Mamaroneck, 2022 N.Y. Slip Op. 03929, 2022 WL 2162629 (June 16, 2022), resolved a raging controversy over whether tenants contractually obligated to pay real property taxes had a long-recognized statutory right to challenge the assessment at the administrative level.
The decisions overruled by DCH Auto placed thousands of commercial lessees that challenge their real property taxes at risk of having existing tax certiorari proceedings dismissed or missing critical filing deadlines for future tax years. By unanimous decision, the Court of Appeals establishing binding precedent that a tenant obligated by a lease to pay real property taxes has the statutory right to challenge those taxes.
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