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Thomas J. Denitzio, Jr
OUR CLIENTS
The firm represents commercial, industrial and residential property owners who seek a reduction in their New Jersey property tax assessment. Our services in this area include consultation on tax liability and the viability of appealing, the filing of appeals with the County Board of Taxation or the New Jersey Tax Court, and representation at settlement conferences and in Tax Court litigation. In addition to representing owners in prosecuting tax appeals, we have also represented tax assessors in defending appeals and provided support to clients concerning the use of real estate tax appraisals in other contexts such as matrimonial litigation and estate planning. The firm has also handled numerous condemnation cases on behalf of both property owners and condemning agencies.
OUR ADVANTAGE
The firm’s experience with handling commercial
property tax appeals dates back to 1980 and is an integral component of our comprehensive real estate practice. Our many years of experience, targeted New Jersey expertise, and proven track record of success speak to why clients who are interested in exploring their individual property
tax appeal circumstances and pursuing a tax appeal seek our guidance. Drawing upon our extensive knowledge in all aspects of real property valuation, we will undertake an initial baseline analysis and evaluation to determine the viability of pursuing an appeal on a client’s behalf. If the decision is made to appeal, we will prepare, file and prosecute the appeal, while constantly seeking to obtain a reduced assessment in a cost-effective manner. Speaking further to the firm’s expertise in this practice area, our partner Thomas J. Denitzio, Jr. is the co-author of the chapter on “Real Estate Tax Appeals” in the legal treatise “Commercial Real Estate Transactions in New Jersey” (4th Edition) that was published in 2019 by the New Jersey Institute for Continuing Legal Education.
TRANSACTION SPOTLIGHT
Thomas J. Denitzio, Jr. tried a tax appeal before the Tax Court of New Jersey seeking to reduce the assessment of
a nearly vacant multi-story office building that needed numerous and costly interior and exterior repairs. The valuation theory, for which there was ample precedent, was that the building could achieve a high rental rate but only after making significant repairs, the cost of which should be deducted from the market value. The municipality
had not taken into account any of the necessary repairs in setting the assessment. After trial, the Tax Court judge agreed and reduced the assessment by almost half. The municipality appealed the decision. Mr. Denitzio cross- appealed for a further reduction on the basis that the Tax Court judge had not considered the cost of certain repairs for which adequate proofs had been submitted. The Appellate Division denied the municipality’s appeal, granted the owner’s appeal, and remanded the case to the Tax Court to determine the amount by which the assessment should be further reduced.
AT A GLANCE...
HEADQUARTERS: 99 Wood Avenue South, Iselin, NJ 08830 YEAR FOUNDED: 1914
NUMBER OF ATTORNEYS INVOLVED IN PROPERTY TAX APPEALS IN NEW JERSEY: 3
OTHER AREAS OF EXPERTISE IN COMMERCIAL REAL ESTATE: Purchase, sale, financing and leasing of commercial and industrial property, and the development, sale and operation of condominium communities and solar energy projects.
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