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Burden of proof seen as difficult.


Proving that certain buildings received low-ball assessments may be a slippery slope 'slippery slope' Medical ethics An ethical continuum or 'slope,' the impact of which has been incompletely explored, and which itself raises moral questions that are even more on the ethical 'edge' than the original issue , says the president of the Appraisal Institute's New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
 chapter. Her membership employs a two-prong methodology to quantify a building's value.

"In a nutshell, we use the sales transaction history of a building and the projected income, among other factors," says Ruth Agnese, adding that none of the indicted INDICTED, practice. When a man is accused by a bill of indictment preferred by a grand jury, he is said to be indicted.  assessors were certified by the Appraisal Institute The Appraisal Institute (Institute), headquartered in Chicago, Illinois, is an international association of professional real estate appraisers.[1] It was founded in January 1991 when the American Institute of Real Estate Appraisers (AIREA) and the .

The Department of Finance may hire objective appraisers to determine the value of many city properties under scrutiny, believes Agnese.

She credits scientific and analytic methods as ensuring that AI members' conclusions are precise. But if one thing is apparent through, this scandal, this is a malleable malleable /mal·le·a·ble/ (mal´e-ah-b'l) susceptible of being beaten out into a thin plate.

mal·le·a·ble
adj.
1. Capable of being shaped or formed, as by hammering or pressure.
 science.

"Because of that it can be difficult to prove that an assessment was low-balled," she said.

One Manhattan real estate attorney identified a potential rift between the cause and effect.

"The cause is bribes and the effect is lower assessments. So how do you categorically prove, there was an effect? The assessment process is just so subjective," says Stephen Estroff, a partner at Jenkins & Gilchrist Parker Chapin.

Federal prosecutors claim that over the past four years alone the city has lost $160 million. Few published reports have examined this figure, and how it was derived.

Department of Finance commissioner Martha Stark Martha Stark is the Finance Commissioner of New York City. A tax attorney, she has served as Finance Commissioner in the Cabinet of Mayor Michael Bloomberg since 2002. She previously worked for the Manhattan Borough President and for the Finance Department before becoming  did not return calls to elaborate on the sum.

With the investigation underway, details should emerge over the next few weeks to clarify the US attorney's stance. Until then, however many in the industry are questioning their figures, and the actual extent of the damage. It's clear that neither the city nor the real estate industry will emerge from this in a better light.

Steven Spinola, president of the Real Estate Board of New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
, believes that the real damage isn't necessarily monetary.

"This really costs the city psychologically," says Spinola.

He admits that the city did lose some money, but he does not accept the $160 million sum at face value.

The Department of Finance is reportedly digging through years and years of property records in an effort to determine just how much the city lost. As this process continues more numbers are likely to surface.

"You must use data and facts to formulate an appraisal," says Agnese.

Licensing tax assessors would be one way to ensure that future assessments were ethical, believes Agnese. Unlike her membership, these officials were assigned large chunks of Manhattan real estate to assess. A licensed appraiser A person selected or appointed by a competent authority or an interested party to evaluate the financial worth of property.

Appraisers are frequently appointed in probate and condemnation proceedings and are also used by banks and real estate concerns to determine the market
, however, evaluates one building at a time.

"It seems like the tax assessor system was very informal and cliquey," says Joe Dondiego, a managing director with Cushman & Wakefield's valuation services division.

"The process has to be more transparent, with more checks and balances," says Dondiego.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 Dondiego, in other jurisdictions such as California owners aren't forced to wait years for the appeal process to be resolved. Dondiego also believes that a faster, more efficient process could lessen the demand to bribe someone to speed it up.
COPYRIGHT 2002 Hagedorn Publication
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Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Article Details
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Title Annotation:real estate industry
Author:Chapman, Parke
Publication:Real Estate Weekly
Article Type:Brief Article
Geographic Code:1USA
Date:Mar 20, 2002
Words:498
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