Author Archives: Stan Jester

June 2015 – How To Appeal Your DeKalb County Property Value Assessment

DeKalb County Commissioner Nancy Jester will host Town Hall Meetings on appealing your tax assessment.

  • Monday July 6, 2015 @ 7pm.
    Tucker Reid H. Cofer Library – 5234 Lavista Rd, Tucker, GA 30084
  • Wednesday July, 2015 1 @ 7pm
    Dunwoody City Hall, 41 Perimeter Center East in Dunwoody.

Residents may appeal by July 13, 2015.  It is recommended that you appeal your property assessment every four years whether you agree with the assessment or not.  The appeal will freeze your assessed value for three years.

(Note: By reading this blog, you agree this site should not be used as a substitute for obtaining legal advice from a licensed attorney.  Email me if you need help finding somebody to handle your appeal.)
Rising property values have created a windfall in tax collections.  School tax assessments are based on the full appraised value and are not subject to the assessment freeze that limits the value upon which the county and cities can levy taxes.  So, any increase in your assessed value will translate into increased school taxes but may or may not increase your county/city government taxes.  In addition to feeling the full effect of rising property values through school tax collection, DeKalb has the 2nd highest millage rate in the state at 23.98 mills.
Georgia law requires that all personal property be appraised annually at its fair market value.  The DeKalb County Property Appraisal Department has an automated computer system appraising property values.  When you receive the Annual Assessment Notice, if you do not agree with the Current Year Value, you have 45 days to appeal.   Appeal of Assessment Form.
Before Getting Started
Approach this clinically and understand how the county values your property.  Do your homework and collect documentation.  Understand how the process works and what to expect in your 15 minute Board of Equalization (BOE) hearing.  This should be a relatively painless exercise.
Go to DeKalb County Property Search and check the accuracy of information the County has about your home.  The “Digest Year” is the year you received the Assessment Notice, 2015 in this case.  The Appraisal Year is Jan 1st thru Dec 31st for the year your house is being appraised, 2014 in this case.  When talking about Property Value, that includes the value of your home.
Valuation
Property owners may appeal based on Uniformity and/or Valuation.  Valuation uses the purchase price of similar homes sold during the Appraisal Year.  Square footage of the house and lot size as well as the number of bedrooms and bathrooms are the key.  Foreclosed homes are valid comps, but the assessors often neglect to include them in the comps.
Comparables
Your property will be compared to 3 recent “resales” in your area known as Comps.  Use Zillow.com to find the comps in your area that sold during the Appraisal Year.  Selecting “Recently Sold” will display a yellow dot for all the recently sold houses around you.  Be sure to only use homes sold during the Appraisal Year.
Uniformity
Uniformity compares the assessed value of the property to the assessed value of other properties in the same neighborhood.  Calculate the price per square foot for all the houses around you in your neighborhood.  Get the average and compare that to the price per square foot of your house.  Note the lot size could affect the final assessed value.
Documentation
Write a letter explaining why you are appealing your appraisal.  Like a court case, include exhibits with facts, figures and pictures.  Label the exhibits and refer to them in your letter.  The more documentation you have the better.
Appeal of Assessment Form (download here)

  • Digest Year: 2015
  • Appeal Type: Real
  • Specifiy Grounds for Appeal: Check “Value” and “Uniformity” (This gives you the option to argue either one)
  • Path: Check “BOE” (The Boards of Equalization is free)
  • Property Owner Comments: Declare what you believe is the fair market value of your property and a short summary why.
  • Property Class: Residential
  • Sign it
  • Owner Declared Value: Take this question seriously and do some research before answering.  In your BOE hearing you will be asked how you arrived at that number.
  • Attach documentation
  • Mail to:

Property Appraisal Department
120 West Trinity Place, Room 208
Decatur, GA 30030
Process
By virtue of filing an appeal you will receive a 15% reduction of the appraised value automatically.  The Board of Assessments (BOA) will acknowledge receipt of the appeal by mail. Eventually, the Staff Appraiser reviews the property value and any owner concerns mentioned in the letter of appeal. The BOA reviews the appeal, renders a decision, and notifies the property owner in writing within 180 days.
When you receive the decision from the BOA, you are given the option to agree or refer the appeal to the Board Of Equalization (BOE).  If you agree, that value will be valid for one year and the process stops here.
You can disagree and select to take it to the BOE.  When you get the BOE hearing notice with the hearing date, call the BOA and ask for the Residential Sales Comparables Inventory and Account Value Summary they used to appraise your property.  This document will be the basis for the BOA’s case.  At the BOE hearing, ask to hear the BOA case first.  Take notes and address each item they present.  Make 5 copies of all the documentation you have.  When it’s time to present your case, distribute them to the interested parties. This shows them you are prepared, organized, have done your diligence, and have approached this in an objective manner.  Walk them through the differences in the properties and the costs that would be required to get your property up to the value of the comps provided by the BOA.
Once you have finished, if they believe you have made a case they may begin to negotiate with you on a compromised value.  Or they may thank you and inform you that you will receive a letter with their decision within “X” weeks.  If the latter is the case, you can ask to stay for their deliberation so that you can hear their thoughts.  However, you cannot speak during this time.  They will discuss their thoughts and advise the County’s Appraiser of their decision which will then be officially provided to you via mail.
If you take it to the BOE, the property value that comes out of that proceeding will last for 3 years.  It doesn’t hurt to take whatever decision to the BOE, most of the time it will be the same or less than what the BOA came back with and it will be good for 3 years.
If it goes to the BOE, it will be a year before everything is said and done.  The final assessed value will be retroactive to the Digest Year.
Board of Equalization (BOE)
The DeKalb County Board of Equalization is a panel of property owners appointed by a Grand Jury to serve the citizens of DeKalb County. These appointees are required to have at least a high school diploma, own real property in DeKalb County, and must complete at least 40 hours of certified training before they can serve on the Board of Equalization. Once a year, these board members must also complete 8 hours of continuous education training. The Board is charged by the O.C.G.A. 48-5-311 to hear appeals of property tax matters.

DeKalb Charter System Update

According to O.C.G.A. § 20-2-81.3, by June 30, 2015 each local school system must choose to operate as one of the following:

  • Investing in Educational Excellence School System (IE2)
  • Charter System
  • Status Quo School System
  • Strategic School System
  • System of Charter Schools

DeKalb Schools Region 2 Superintendent Trenton Arnold was tasked with putting the petition together to approach the state Board of Education.
Trenton Arnold responds to some questions I had regarding this state law.
Question:  What is the status of DeKalb Schools’ Flexibility Decision?
Answer:
O.C.G.A. § 20-2-84.3 states that “[n]o later than June 30, 2015, each local school system shall notify the [Department of Education] of its intention to request increased flexibility pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80.”
O.C.G.A. §20-2-80 subsection (b) then states that “a local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and opt to remain under current laws, rules, regulations, policies, and procedures….”
What is required by this law is that each district is to notify the Georgia Department of Education of the intent to seek flexibility.  This is done through a submitted Letter of Intent which the DeKalb County School District initially submitted in April 2014, and then resubmitted a revised Letter of Intent in April 2015.  Both of these letters met the annual May 1 submission deadline for Letters of Intent from the Georgia Department of Education.
The reason for the refiling was that the initial letter stated that the first operational year as a charter district would be the 2015-2016 school year; however, at the October 2014 DeKalb BOE meeting, the administration recommended delaying the start year for one full school year to allow for additional time for community input on the charter petition.  Since the initial submission, the Georgia Department of Education has continuously recognized that DeKalb intends to become a charter system, and it has produced documents to that effect.  At last report, there are forty districts in the state that have not complied with the legal mandate to submit their flexibility intentions before June 30, 2015.  It is often mistakenly believed that districts must become operational by June 30, 2015, or that they must submit a petition by June 30, 2015, but as noted above, the only legal requirement is to submit the Letter of Intent, and DeKalb has met that obligation.
Question:  What is the status on implementing that choice?
Answer:
At the October 2014 Board meeting, the administration recommended that the DeKalb County Board of Education adopt the charter petition but allow for additional revisions to the petition to advance the start year to the
2016-2017 school year. This recommendation will also and more importantly allow the district to return to internal and external stakeholders to gather additional information and input, and submit the petition to the Georgia Department of Education no later than November 1, 2015, which is the required petition submission date for district’s to become operational at the beginning of the 2016-2017 school year. The Board tabled the vote in October.


[Update Posted on 07/11/2015]
Dr. R. Stephen Green
CEO & Superintendent
DeKalb County School Distric
sent via email
The DeKalb County School District is approaching the GA DOE’s deadline of November 1, 2015, for submission of the district’s charter petition application that would allow DeKalb to begin operating as a charter district at the beginning of the 2016-2017 school year. Consequentially, without a called meet-ing, this requires that the petition be presented to the Board at their October 5, 2015, meeting as a reso-lution for adoption. To that end, the Superintendent and administrative staff will establish meeting dates with Board members to review the flexibility options and the current path that the district has chosen. At the direction of the Superintendent, the district’s administrative staff is also establishing plans to seek out further stakeholder input on the drafted petition through additional community engagement sessions in each of the five regions. These engagement sessions will focus primarily on the local school governance elements required of a charter system as well as the processes associated with approving waivers requested by individual schools; however, other topics and concerns will also be welcomed as they will allow the district the opportunity to improve and finalize the petition prior to presentation to the Board for adoption.


Related Documents
October 2014 Work Session – Trenton Arnold presented an update on the school flexibility option and DeKalb Schools.
eboard link icon  10/08/2014 – Board Meeting – School Flexibility Option Update
.pdf link icon Charter Petition Update
October 2014 Business Meeting – Administration recommended the board pass a resolution to submit a charter petition application to the Georgia Department of Education in order to pursue charter district status with the State Board of Education. The board decided to table this decision.
eboard link icon  10/08/2014 – Board Business Meeting – Adoption of the resolution approving the DeKalb County School District’s Charter System Petition
.pdf link icon Charter District Application