Friday, December 16, 2011

If I protest my assessment, do I have to allow the Assessor to inspect my house?

In NY, you cannot be required to allow the Assessor to inspect the interior of your residence as a condition to filing and maintaining a tax protest or SCAR Proceeding.

On June 8, 2010, in the related cases: In the Matter of Amy Yee v. Town of OrangetownIn the Matter of Kenneth Kolwicz v. Town of Clarkstown; and In the Matter of Esther Braun v.Town of Ramapo, the NY Supreme Court, Appellate Division Second Department decided that requirement of an interior inspection of a property owner's house as a condition to maintaining a SCAR proceeding violated the property owner's rights under the SCAR statute and the Fourth Amendment of the U.S. Constitution.

To read the entire Decision, please go to the following link:

In the Matter of Amy Yee v. Town of Orangetown

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