A mid-level state appellate court has upheld the state’s real property tax cap, upholding the trial court’s dismissal of a case brought by the state’s largest teachers’ union. New York State United Teachers (NYSUT) argued that the tax cap improperly encroaches on the right of school districts to determine their own tax rates and finding that the state said the cap served a reasonable public policy purpose.
The court said:
“Given that no fundamental rights are implicated by [the real property tax cap] and the tax freeze legislation – and both are rationally related to the legitimate government interest of restraining crippling property tax increases — plaintiffs’ substantive due process claims were properly dismissed.”
A spokesperson for NYSUT said that they expect to appeal the decision to the state’s highest court, the Court of Appeals.
We are very pleased that the courts have acknowledged that the real property tax cap is a proper exercise of legislative authority, and that the property tax cap will continue to limit the growth of New York’s sky-high property taxes.
Read the court’s decision here.