Third party appeals are typically made by neighbors or aggrieved
individuals who are seeking to correct an error in the assessment of
someone else's property. Errors can create inequities in the assessments
of similar properties, so a lack of uniformity in assessments will often
surface as the primary issue of a such an appeal. Appeals may also
originate from tenants, who are challenging the assessment on leased
properties. Regardless of the source or reason for the appeal, the
property owner is usually unaware that his or her property is being
appealed by someone else. It is therefore necessary that the Supervisor of
Assessments send a letter notifying the property owner that his or her
assessment has been appealed. It is not necessary for the property owner
to attend the appeal hearing or to participate in the appeal process. Only
in the instance where there is some compelling reason offered to
substantiate an increase in the assessment would it be necessary to
provide the property owner an opportunity to be heard. A separate hearing
should then be scheduled for the owner, but only after the justification
for the possible increase has been reviewed with the State Supervisor.
There is no procedural due process requirement that both the third party
and the taxpayer be present at the same hearing, and in most instances
this would not be advisable.
Great care should be given to allow for an impartial review of the
facts. Any new information that may be obtained in the appeal hearing
should be recorded for use in the next assessment review. The Supervisor
may not increase the value of the property unless authorized by the State
Supervisor or otherwise ordered by the Property Tax Assessment Appeal
Board or Maryland Tax Court.
When a final notice is sent that would increase the assessment from a
third party appeal, the notice should be sent to the appealing party. A
duplicate final notice should be sent to the property owner. Both the
property owner and the appealing party would have an opportunity for
further appeal.
If the assessment is not being changed, then a follow-up letter
should be sent to the property owner, advising that the appeal has been
finalized with no change in the assessment. The possibility that the
appealing third party might continue to the Appeal Board should also be
noted. The property owner, since he did not originate the appeal, would
not have a right to go to the Appeal Board if there is no change in the
assessment.