We have received calls from clients about the The Qasimyar v. Maricopa County case, learn why.
Qasimyar v. Maricopa County is something that has gotten our clients attention in the last 2 weeks. Property owners should understand why. Read our blog to learn more.
When determining property taxes in Arizona, the assessed value plays a key role, and it’s closely tied to the Limited Property Value (LPV) and the property’s classification. By law, a property’s LPV can only increase by up to 5% annually unless there is a significant change to the property or its use. If the property’s use changes from one year to the next, the LPV is reassessed based on comparable properties.
In the case of Qasimyar v. Maricopa County, the central question was whether reclassifying a property from an owner-occupied residence (Class 3) to a rental or non-primary residence (Class 4) constitutes a “change in use.” The Arizona Tax Court ruled that such a reclassification does trigger a change in use, which means the property’s LPV must be recalculated. This decision was affirmed by the Court of Appeals in 2021.
The classification of a property as an owner's primary residence (Class 3) versus a rental or non-primary residence (Class 4) is central to the case. Property owners may or may not be affected.
Qasimyar v. Maricopa County General information - is my property affected?
If your residential property was reclassified between Class 3 (owner-occupied residential home) and Class 4 (rental property or non-primary residence) during tax years 2015 to 2023, you may be impacted in one of two ways:
1. Qasimyar v. Maricopa County Class Action Participation
If your property’s classification shifted between Class 3 and Class 4 in any of the tax years 2015 through 2021, you may be included in the ongoing class action lawsuit (Maricopa County Superior Court, Case No. TX2016-000882). As a potential class member, you could be entitled to a reduction in your Limited Property Value (LPV) and a tax refund. The Assessor’s Office sent out a Notice of Class Action to affected property owners in July 2023. If you received this notice, it’s crucial to follow up on your eligibility for compensation and potential tax refunds under this case.
2. Notices of Proposed Correction
For properties that experienced a classification change between Class 3 and Class 4 during the tax years 2022 or 2023, the Maricopa County Assessor's Office is required to apply the ruling from the Qasimyar case. In accordance with the Court of Appeals decision, the Assessor’s Office will issue Notices of Proposed Correction, recalculating the LPV for these properties. Whether this results in an increase or decrease in your LPV, these adjustments are mandated by law and will affect your property tax bill moving forward.
In either case, it is important to stay informed and review any communications from the Assessor’s Office regarding your property’s classification and potential tax implications.
How to Contact Maricopa County if You Are Unsure if You Are Affected
If you’re uncertain whether your property is impacted by the Qasimyar v. Maricopa County ruling, or if you haven’t received a notice but believe your property may have been reclassified, it’s important to reach out to the Maricopa County Assessor’s Office for clarification. They can confirm your property’s current classification and whether any recalculation of your Limited Property Value (LPV) applies.
For questions related to tax bills or refunds, property owners can also contact the Maricopa County Treasurer's Office.
You can contact the Maricopa County Assessor’s Office through the following methods:
- Phone: Call their customer service line at (602) 506-3406 for direct assistance.
- Email: Reach out via email at [email protected].
- In Person: Visit the Assessor’s Office at 301 W Jefferson St, Phoenix, AZ 85003 for in-person inquiries.
For additional information regarding the Qasimyar case and its impact, visit their official website at Maricopa County Assessor’s Office – Qasimyar Information. This page provides detailed resources and updates related to the case, including how to determine if your property is affected.
For Existing Clients of Citadel Law Firm - this blog is for you!
We have created this blog post with our existing clients in mind. We hope the information provided here is useful and helps to address any questions or concerns you may have.
If you have any case-specific inquiries, we kindly ask that you reach out to the court directly. Our attorneys will not be able to offer assistance with individual case matters. However, we are committed to supporting you through educational resources such as this blog.
Please feel free to provide any feedback or additional questions you may have. We value your trust in our firm and aim to deliver content that is informative and relevant to your legal needs.
Frequently Asked Questions about the Qasimyar v. Maricopa County
Will my taxes go up because of the Qasimyar v. Maricopa County Case?
Your property taxes may change, but it depends on whether your property's classification was reclassified between Class 3 (owner-occupied) and Class 4 (rental or non-primary residence). If your property falls into this category, the Maricopa County Assessor may need to recalculate your Limited Property Value (LPV) based on the ruling in Qasimyar v. Maricopa County.
The recalculation could either increase or decrease your LPV, depending on how it compares to similar properties. However, if your property’s classification remains the same, the Qasimyar ruling is unlikely to impact your taxes. For clarification on how your property may be affected, it’s best to contact the Maricopa County Assessor’s Office or check if you’ve received a Notice of Proposed Correction.
What caused my property to change between Classes 3 and 4?
A change between Class 3 (owner-occupied residential property) and Class 4 (rental or non-primary residence) typically occurs due to a shift in the use of the property. This reclassification can be triggered by several factors, including:
Renting Out the Property: If you start renting out your home or using it as a vacation rental, the property may be reclassified from Class 3 to Class 4.
Change in Primary Residence: If the property is no longer your primary residence, such as if you move to another home but keep the original property, it can also be reclassified to Class 4.
New Information to the Assessor: If the Maricopa County Assessor's Office receives updated information suggesting that the property is not being used as an owner-occupied home, it may trigger a reclassification.
Reclassifications often happen when property use changes, so it’s important to notify the Assessor's Office if there are any updates to how your property is being used.
What Is the Impact on the LPV of My House Going Forward?
If your property was reclassified between Class 3 (owner-occupied) and Class 4 (rental or non-primary residence), the Limited Property Value (LPV) will be recalculated based on the rules established in the Qasimyar v. Maricopa County case. This recalculation can impact your property’s LPV in several ways:
- Increase in LPV: If the reclassification leads to a higher LPV when compared to similar properties, your taxes may increase.
- Decrease in LPV: Alternatively, if the recalculated LPV is lower, your taxes may decrease.
- Consistency in Future LPV Adjustments: Moving forward, any further changes in the LPV will follow the recalculated value as the new baseline. The LPV may continue to increase by no more than 5% annually, unless there is another significant change in use or property improvements.
Ultimately, the recalculated LPV will reflect the property's new classification and will affect your tax assessments in future years. It’s important to review any Notices of Proposed Correction sent by the Maricopa County Assessor to understand how your specific LPV may change.
Do I Need My Own Lawyer as Part of the Class Action?
In most class action lawsuits, including the one related to Qasimyar v. Maricopa County, you do not need to hire your own lawyer if you are included as a class member. Class action lawsuits are typically handled by attorneys representing the entire group, and legal fees are often covered by the settlement or judgment.
However, if you wish to pursue individual claims outside of the class action, or if you believe your circumstances are unique and not fully addressed by the class action, you may want to consult your own attorney. Having individual legal representation can provide personalized guidance and ensure your specific interests are fully protected.
If you received a Notice of Class Action, it’s important to review it carefully and follow any instructions provided to preserve your rights as part of the class.
When Should I Expect to Get My Tax Refund?
If you are eligible for a tax refund as part of the Qasimyar v. Maricopa County class action, the timeline for receiving it may vary. Generally, refunds will not be issued until the class action case is fully resolved, including any appeals or further court proceedings. This process can take months or even years, depending on how the case progresses through the courts.
Once the case is settled and refund amounts are determined, eligible property owners will be notified by the Maricopa County Assessor’s Office or the court overseeing the class action. At that point, you should receive further details on the exact refund amount and the expected timing of payment.
To stay informed, regularly check for updates from the Maricopa County Assessor’s Office, particularly if you have received a Notice of Class Action. For more detailed information, you can also visit Maricopa County Assessor’s Office – Qasimyar Information.
Can I cash my refund?
If you are eligible for a tax refund as part of the Qasimyar v. Maricopa County class action, you will receive the refund payment once the case is fully resolved and the amounts are determined. The refund will typically come in the form of a check or direct deposit from the Maricopa County Assessor's Office or the court overseeing the class action. You can then cash or deposit the refund just like any other payment you receive.
What is the process for appealing the reclassification of my property?
If you disagree with the reclassification of your property from Class 3 to Class 4 (or vice versa), you have the option to appeal the decision. The first step is to contact the Maricopa County Assessor's Office and request a review of your property's classification. They can provide you with the necessary forms and instructions for submitting an appeal.
During the appeal process, you will have the opportunity to present evidence and arguments supporting your property's correct classification. The Assessor's Office will then reevaluate the classification and issue a final determination. If you are still unsatisfied with the outcome, you may be able to take the matter to the Arizona Tax Court for further review.
It's important to act quickly, as there are typically deadlines for filing property tax appeals. The Assessor's Office can guide you through the specific requirements and timelines in your case.
How can I stay informed about updates to the Qasimyar v. Maricopa County case?
To stay updated on the latest developments in the Qasimyar v. Maricopa County case, we recommend regularly checking the Maricopa County Assessor's Office website at Maricopa County Assessor's Office – Qasimyar Information. This dedicated page provides ongoing updates, FAQs, and resources related to the case.
You can also sign up for email updates from the Assessor's Office to receive notifications about any new information or changes that may affect you as a property owner. Additionally, you can reach out to the Assessor's Office directly by phone, email, or in person to inquire about the status of the case and your specific property.
By staying informed and proactive, you can ensure you are aware of any developments or actions you may need to take regarding the Qasimyar v. Maricopa County ruling and its impact on your property taxes.
What does Bill Gates have to do with Maricopa County?
Bill Gates is a prominent political figure in Maricopa County, having served as a supervisor for District 3 on the Maricopa County Board of Supervisors since 2016. He has been actively involved in election administration and integrity, particularly during the 2022 General Election, which received significant national attention. Gates recently announced he will lead a program at Arizona State University focused on training the next generation of election officials and combating misinformation about elections
What is special about Maricopa County?
Maricopa County is notable for being the fourth largest county in the United States, with a population exceeding 4.5 million. It is also a critical political battleground, especially during elections, due to its diverse population and significant number of registered voters. The county's election processes have drawn national attention, particularly in the wake of the 2020 elections, making it a focal point for discussions on election integrity.
What is Rule B in Maricopa County?
Rule B refers to a specific court rule in Maricopa County concerning the conduct of cases. It generally involves the requirements for filing and responding to motions and other documents in civil litigation. The detailed provisions may specify formatting, timing, and other procedural matters to ensure efficient court operations. For exact specifics, you may want to refer to the Maricopa County Superior Court rules directly.
What is Rule 11 in Maricopa County Superior Court?
Rule 11 of the Maricopa County Superior Court relates to the signing of pleadings, motions, and other papers. It requires that every document submitted to the court be signed by an attorney or by a party if they are unrepresented. The rule also includes provisions for sanctions against parties or attorneys who file frivolous claims or defenses. It emphasizes the importance of good faith and honest representation in all court filings.