2009 House Bill 4457

Revise commercial rental property assessment occupancy formula

Introduced in the House

Feb. 24, 2009

Introduced by Rep. Vincent Gregory (D-35)

To (in effect) eliminate a cap on the maximum amount that tax assessors can raise the assessment of rental property due to a higher occupancy rate, if the assessment had been previously lowered as a result of a lower occupancy rate. A 2002 Supreme Court ruling (WPW vs. Troy) held that raising these assessments faster than inflation violates the Constitutional tax cap put in place by Proposal A in 1994, which limits assessment increases to five percent or the rate of inflation, whichever is less. This bill exempts commercial rental property from the regular property tax law, and instead subject it to a new property tax law which taxes this property at the same rate as the current law.

Referred to the Committee on Tax Policy