The “Black Tax”: higher property taxes for black homeowners in order to eventually seize homes

A new study looks at a practice common in Chicago and other cities where raised property taxes for black residents helped others take their homes:

Kahrl’s case study, which was released this month by the Journal of Urban History, traces the practice of tax-lien speculation to a 1951 reform in Illinois state law called the Revenue Act. During the same years when “redlining” emerged as a severely racially discriminatory mortgage practice, assessors in cities such as Chicago systemically over-valued homes in black neighborhoods for property-tax purposes…

Tax-lien speculation proved to be one hell of a business. Over the course of six months in 1973, for example, Gray acquired the deeds to 93 homes in Chicago’s Woodlawn neighborhood for a total of $70,000. Each parcel was worth as much as $20,000 at the time—and potentially much, much more to speculators once all the neighborhood’s black residents had been evicted…

Not every tax-lien sale resulted in a transfer of deed, but they always resulted in a transfer of wealth. Many homeowners managed to pay off their liens at high interest rates—often 18 percent, the legal ceiling—along with a host of fees. Making real money depended on finding the poorest and most vulnerable owners in the poorest but most over-assessed neighborhoods. This practice was perfectly legal. The “Black Tax” was law…

The remarkably resilient predatory-tax-lien business continues to thrive, despite efforts at reform. The industry is enormous. Late in 2014, the Abell Foundation published a report on the state of the practice in Baltimore City. In 2013, the city sold tax liens for more than 2,000 owner-occupied homes. Almost one-tenth of these liens were attached to water bills. In 2014, of some 6,690 tax liens sold, 2,236 were for owner-occupied homes.

Given the interest, fees, and court costs, a homeowner’s $500 delinquent tax or water bill can mushroom to $3,000 over a two-year window—the time an owner has to pay down the lien. According to the report, there were 2,805 pending tax-lien foreclosure cases in Baltimore City in 2014. Noting the difficulty in tracking these tax-foreclosure evictions, the Abell Foundation report’s authors warn that in Baltimore, the “tax sale can lead to evictions, homelessness, and property vacancies and abandonment in a city already plagued by all three.”

More inequality via race and property in the United States. As if residential segregation wasn’t enough – ongoing lending practices and tax policies continue to make it difficult for blacks and other poor residents to build wealth over time.

When American communities try to limit the number of churches in city limits

This is a fascinating look at how American municipalities deal with the “problem” of too many churches. For example, here is the experience of Stafford, Texas which did not have a property tax and was located near highways outside Houston:

By 2006, there were 51 religious facilities in Stafford’s 7 square miles, according to city filings. And, at that time, the city had just a little over 300 acres that remained undeveloped.The costs in Stafford’s case were starting to outweigh the benefits…

Scarcella and city officials spent years poring through legal filings and spent a good dose of cash on attorneys to successfully craft a land use ordinance that would require a public hearing and process for new “places of assembly” — such as bowling alleys, dance halls, museums and religious facilities.To obtain a specific use permit under the regulation, applicants would have to address and adhere to a list of requirements related to elements such as acreage, parking and traffic mitigation.

The pushback was tremendous, Scarcella said, noting the town attracted national media and plenty of negative attention…

“I’m held in a fairly decent regard within my church, and I have a deep belief in Christ, and I believe in people’s right to worship, and I admire them for doing that,” he said. “But I also recognize that there needs to be a balance.”

 

Too many religious facilities that don’t pay property tax means that a community may not have a sufficient tax base to maintain all the infrastructure that religious facilities would use. One sociologist estimated that $71 billion in taxes is left on the table by religious institutions. Additionally, there is an opportunity cost involved where the land might have been used for purposes that would pay property taxes and perhaps even add sales tax revenues.

All of this could lead to a humorous situation: how about a suburban community near the nexus of multiple highways that zoned solely for industrial parks and churches/religious facilities? Given that many churches today have a tenuous connection to the community in which they are located, attendees don’t mind church shopping via car, and large churches want plenty of land and interior space for their campuses, this could minimize the pain for a number of other nearby communities.

Ferguson doesn’t get much revenue from the Fortune 500 companies in town

Many suburban communities give tax breaks to corporations so that they locate in their community. Ferguson, Missouri is one such case where Emerson Electronics and other businesses don’t pay as much as they might in local taxes:

In 2014, the assessed valuation of real and personal property on Emerson’s entire 152-acre, seven-building campus was roughly $15 million. That value has gone up and down over the last five years as Emerson has sold off some buildings and built others, but it has not exceeded $15 million in the period since the data center was completed. So what happened to that brand-new $50 million dollar building?…

For tax purposes, Emerson’s Ferguson campus is appraised according to its “fair market value.” That means a $50 million dollar solar-powered data center is only worth what another firm would be willing to pay for it. “Our location in Ferguson affects the fair market value of the entire campus,” Polzin explained. By this reasoning, the condition of West Florissant Avenue explains the low valuation of the company’s headquarters.In fact, the opposite is true: The rock-bottom assessment value of the Ferguson campus helps ensure that West Florissant Avenue remains in its current condition, year after year. It severely limits the tax money Emerson contributes to the Ferguson-Florissant district’s struggling schools (Michael Brown graduated from nearby Normandy High School, a nearly 100 percent African American school that has been operating without state accreditation for the last two years), and to the government of St. Louis County more generally. On the 25 parcels Emerson owns all around St. Louis County, it pays the county $1.3m in property taxes. Ferguson itself receives far less. Even after a 2013 property tax increase (from $0.65 to the state-maximum $1 per $100 of assessed value), Ferguson received an estimated $68,000 in property taxes from the corporate headquarters that occupies 152 acres of its tax base—not even enough to pay the municipal judge and his clerk to hand out the fines and sign the arrest warrants.

St. Louis County doesn’t just assess Emerson a low market value. It then divides that number in three—so its final property value, for tax purposes, ends up being one third of its already low appraised value. In some states, Ferguson would be able to offset this write-down by raising its own percentage tax rate. Voters would even be able to decide which services needed the most help and raise property taxes for specific reasons. But Missouri sets a limit for such levies: $1 per $100 of property. As Joseph Pulitzer wrote of St. Louis during the first Gilded Age, “millions and millions of property in this city escape all taxation.”…

Emerson Electric isn’t the only business on Ferguson’s West Florissant Avenue. The street is also home to a number of big box stores including a Home Depot, a Walmart, and a Sam’s Club, located at the city’s northern limit. These companies all came to town in 1997 through something called tax increment financing—known (to the extent it’s known at all) by the acronym TIF. Along with low appraisals and tax abatements, TIF districts are one of Missouri’s principal tools for encouraging new development.

The conclusion here is that these tax policies reproduce the economic inequalities in Ferguson. Hence, the community has to find alternative sources of revenue, such as targeting motorists.

Here is where this gets trickier: if Ferguson didn’t offer these deals, could it have attracted these businesses? If many suburbs participate in the game of tax breaks, wouldn’t someone else offer good tax breaks? Where race matters here is that communities like Ferguson – lower income, transitioning from white to black over recent decades – have to offer even better tax breaks to compete. But, for all of these communities, it is a race to the bottom as a better deal to attract a corporation means less revenue for the city. Still, local politicians can sell the jobs created or the prestige generated. But, as this article points out, the jobs and prestige may not help much in the long run.

What you might need here is a metropolitan wide policy against such tax breaks or TIF districts to reduce the competition. Or, perhaps some tax revenue sharing program where sales tax and property tax dollars are partly redistributed to reflect who shops at or works at these facilities (they all don’t come from the community in which the firm is located). Yet, such policies require a lot of political will and again encounter the problem of race as communities, especially wealthier ones, will not want to share their revenues with others.

When housing values rise, so do property taxes and concerns about how those taxes are collected

Austin, Texas is a hot real estate market which means housing prices are going up – which means property taxes are also rising and this has some homeowners up in arms about how the city and state pursue property taxes.

The arrival of this year’s appraisal notices — which in Travis County showed homes’ average market values jumped 12.6 percent and average taxable values rose 8 percent for 2014 — is sparking a push for reform. Similar jumps have occurred in Williamson and Hays counties.

Real Values for Texas, a statewide group advocating for property tax reform, local officials and others say they believe enough momentum is building around the state to put pressure on the Legislature to fix what they say is a flawed property tax system. The issue is an especially hot one in Austin, where property values have risen at a much faster rate than wages in recent years, leaving more and more area homeowners saying they are struggling to pay their property tax bills.

At issue is what can be done. Market forces generally dictate home values. And with no state income tax, the state government and local taxing entities rely heavily on property tax for revenue to fund schools and many local services…

A key problem, critics say, is that the current system has shifted a disproportionate share of the burden of paying for schools and local services on homeowners, in favor of commercial and corporate interests who can afford to appeal their values and win big reductions year after year. The share of property taxes from homeowners to support public schools grew from 45 percent to 54 percent over a 12-year period, while commercial and industrial owners’ share has declined to less than 20 percent. (Other sectors, from oil and gas to personal property, make up the rest.)

One way to read this would be to see this in a long line of American homeowner complaints about property taxes. This has been a common theme in recent decades, famously illustrated by the Prop 13 campaign in California in the 1970s. Homeowners may enjoy owning a home but they tend to resent continually rising requests for money for local governments, even as they tend to want good, or even better, local services. Most homeowners want rising housing values as this increases the value of their investment yet don’t necessarily want to pay for it while living there.

Yet, the property tax reform suggestions here are interesting. Just how much should local homeowners pay compared to corporations? Is the best comparison to look at the rates each pays or the cumulative percentages each group contributes to the local pot of tax money? This could be related to a larger issue that goes beyond property taxes: what kind of tax breaks should corporations get from municipalities? This is a difficult issue to sort out as communities like jobs and important businesses yet homeowners tend to resent “handouts” for corporations that they think could afford to pay more.

Northern Virginia residents unhappy about paying higher taxes and getting fewer local services

Echoing residents of many American communities, Northern Virginia residents don’t like the idea of paying increasing local taxes and not getting higher levels of local services:

At packed public meetings and in angry phone calls, local officials say, the same message is echoing from all sides: We’re fed up.

“It’s very frustrating, right now, to try to manage expectations,” said Sharon Bulova, chairman of the Board of Supervisors in Fairfax County, which, like neighboring Loudoun County, is locked in a battle over school funding that could lead to a higher tax rate — and even larger monthly payments…

Cuts to libraries, parks, schools and bus routes since the 2008 recession have negatively affected the quality of life of some residents in this part of Virginia, where top schools and amenities have long been a magnet for families. When much-needed infrastructure projects were launched, officials often paid for them by creating special tax districts and other charges that they passed on to increasingly resentful residents and businesses.

In Fairfax, sewer rates have nearly doubled since 2008, to $6.62 per 1,000 gallons of water, while real estate property taxes have climbed nearly 20 cents during the same period to a current level of $1.085 per $100 of assessed value. That means a house worth $500,000 in 2008 would have had a property tax bill of $4,450, and a house of the same value today would have a bill of $5,425.

Fairfax officials recently advertised a new residential property tax rate cap of $1.105 per $100 of assessed value, which will allow the county to raise the rate by up to two cents to fill a $64?million funding gap projected by school district officials. There is also a push to raise the tax rate in Loudoun, to bridge a $40?million school funding shortfall.

When there is plenty of suburban growth, new money is rolling in from developer fees and new taxpayers. But, in prolonged economic downturns, it is difficult to generate the same levels of money.

I wonder if either of these arguments would work with suburban taxpayers:

1. The reduction in service levels is probably quite limited.

2. These are still some of the wealthiest counties in the United States.

It is not as if these relatively wealthy counties will suddenly become like Third World countries. However, neither of these might matter as residents moved there in part to benefit from these local services.

Note: this is not just a problem in northern Virginia. For example, New Jersey leads the country in property taxes and the bill keeps growing in a number of New Jersey communities.

Illinois property taxes second-highest in the nation

A new report shows at the end of 2012 Illinois had the second-highest property taxes, just behind New Jersey:

Property taxes in Illinois average 2.28 percent of a home’s value, according to the Urban Institute. In New Jersey, they’re 2.32 percent, and in lowest-taxing Hawaii, they’re 0.27 percent. (The lowest among mainland states is Alabama, at 0.46 percent.)All the states that ranked ahead of Illinois in the 2007–11 chart saw their tax rates go up in 2012. But the rate in Illinois went up more…

What’s moving us up the list? Home values are down but taxing bodies’ appetites are up, as Costin sees it. Illinois home values fell farther and are improving more slowly than those in many other states. The latest Case-Shiller index data, which came out on New Year’s Eve, showed that while home values in the nation’s ten major cities have recovered, on average, to June 2004 levels, they’re only back to February 2003 levels in Chicago. At the same time, Costin says, “most local taxing bodies do the maximum increase they can do under the law each year.” Lombard and Lake County are notable exceptions, he says; both have reduced their rates.

When they’re asking for more total dollars in taxation on a smaller pot of aggregate home values, the tax rate is what goes up. It doesn’t necessarily mean that the amount of tax you have to pay goes up, as Cook County pointed out earlier this year.

While there are concerns about the federal budget as well as the monetary issues of the state of Illinois, these rising property taxes hint at another concern: the need for tax revenues for lower levels of government. These property taxes primarily go for local schools, cities, and other local services. See where property taxes go in one town in DuPage County. Or how one Chicago suburb is thinking about privatizing more of its roads to pay for their maintenance.

It is interesting to note that property taxes are higher in specific states but not others. For example, much of the Northeast and upper Midwest has higher property taxes but while Kansas and Texas do, Oklahoma does not. And, California does not. In a state where one city went bankrupt are others have looked to outsource municipal services, the property tax revolts of the 1970s (see Prop 13) have successfully kept property tax rates down (though home values are still high). Yet, if the money doesn’t come through property taxes, it likely comes from other sources.

Chicago suburb of Long Grove wants to privatize almost half of its public roads

Maintaining roads is expensive and the Chicago suburb of Long Grove has a potential solution: privatize a lot of its public roads.

Facing an annual funding gap of more than $1 million, Long Grove trustees have twice in recent months affirmed a plan that could privatize nearly half of the village’s public roads — transferring the cost of upkeep and plowing to the residents in the process…

Experts in public planning and municipal finance agree that Long Grove has hit upon an unusual potential solution to a commonplace problem. They say other communities also struggling to make ends meet could follow suit as aging roads deteriorate and revenue streams dry up. Yet such plans could eat away at the public’s trust in local leadership even as they mitigate public deficits, warned Joseph Schwieterman, a DePaul University transportation professor.

“It’s going to create resentment that city hall has broken its contract to fix the roads, and that could lead to turmoil that tears at the social capital of a community,” he said.

What has surprised some in and around well-to-do Long Grove is that the community — with its spacious home lots, ample green space and refined, rural character — finds itself in the situation at all. Recent census figures count it among the wealthiest villages in the Chicago area based on median income. Yet having more affluent residents doesn’t necessarily equate to a strong tax base, especially in towns that have little or no industry…

Local leaders first realized in the 1970s that to pay for maintaining roads without a property tax, something had to give, said Long Grove Village Manager David Lothspeich. After that, the board allowed public streets in new subdivisions only if they were main roads, and eventually entire subdivisions sprang up without a single public road, he said.

It sounds like a set of trade-offs: the community has a particular image and character involving big lots, nice homes, and no property taxes but to help maintain that character means limited commercial development. However, having less commercial or industrial development means fewer sources of property and sales taxes that can be used to maintain the community’s infrastructure. The money has to come from somewhere…

However the money is raised in the future for roads, it will be interesting to see how this affects the community’s character and image. Will people move away? Will it be as attractive?

Another suburb dealing with a similar issue is Winfield. The village has had difficulty paying for road maintenance and the debate in recent years has been whether to allow commercial development along the Roosevelt Road corridor that passes through the southern part of the community but it currently limited to larger lots.

Unintended consequences: when property values decline, seniors with frozen property taxes pay more

Programs that freeze the property taxes of older homeowners may reduce their taxes for a long time – unless property values decline and seniors end up paying more:

The state’s Senior Citizens’ Assessment Freeze Exemption works by capping participating homeowners’ property assessments. So even if the property’s value rises each year, a participating homeowner is taxed only at the level when the “freeze” was put into effect. In better times for real estate, participating homeowners in some suburban townships averaged as much as $38,000 reductions on their assessments, which would have reduced their property tax bills by hundreds of dollars. But instead of just losing out on the revenue, governments shift the tax burden onto property owners who don’t qualify for the freeze.

The law was intended to prevent fixed-income seniors from being taxed out of their homes since, to qualify, participating homeowners have to earn less than $55,000 a year.

“But nobody thought property values would decline,” said state Rep. David Harris, an Arlington Heights Republican who sits on the House property tax subcommittee. “Now, the issue is huge.”

Here’s why. If property values drop below the frozen level, there is no longer any benefit to the participating homeowner because he or she is taxed at that lower level.

That wouldn’t be a problem if the value dropped for only that homeowner. But when the value drops for everybody and the tax levies for all government bodies stay the same, or more likely increase, tax rates have to increase to meet the levies governments are allowed to collect.

The most important thing to me in this story: nobody assumed property values might drop. In other words, legislators and those receiving the tax help didn’t think about this possibility. So now they are stuck trying to scramble to find a fix.

While there are certainly other reasons contributing to the financial troubles of the last seven years or so, I wonder how much ignoring this simple idea – property values could decline for a while and not bounce back – contributed to the larger issues.

Argument: cities could find more revenue by taxing people who commute in

Michael Pagano details the tax revenue issues facing American big cities and proposes a solution: tax commuters for the city services they use.

Over the past several decades, municipal tax systems have changed in many ways to try and capture the revenues needed to support essential services. But most cities continue to base their tax systems on dated notions of how local economies work and what drives income growth and wealth. Cities must be given the ability to develop tax and revenue systems that match the unique characteristics of their local economies, and that allow them to diversify revenues in ways that protect them from fiscal crises.How might that request be accommodated? Tax structures should be created that link cities to their underlying engines of growth or to income and wealth, similar in design to what the property tax attempted to accomplish two centuries ago. In Ohio for example, cities tax earnings at the place of employment and the place of residence. By taxing at the place of employment, users of city services (that is, employees who physically work at a site) contribute to the resource base for service provision.

Imagine if users of city-government services actually were required to pay for the full cost of those services? Imagine household decisions on where to live that is based on their paying the full cost of services. Imagine the decision calculus by individuals who would be responsible for paying their fair share. It could be revolutionary.

I wonder if changing the tax structure in this way would only serve to push more organizations and firms to the suburbs. Take the example of Chicago cited by Pagano. In the last few years, several companies, like Motorola, have announced they are moving workers back into the city. Would changing the tax structure make them reconsider?

The financial reasons The Woodlands, Texas does not want to incorporate

Many communities want to incorporate so they can control land use as well as fund and provide local services. But The Woodlands, Texas has resisted incorporation for financial reasons:

For one, The Woodlands is one of the nation’s best case studies when it comes to weighing the costs and benefits of incorporation. According to Bruce Tough, Chairman of the township’s seven-member Board of Directors, his community boasts an unprecedented level of success when it comes to governance, public services, and environmental excellence. Just 20 years after it was founded, the township had won a Special Award for Excellence from the Urban Land Institute and a LivCom Nations in Bloom Gold Award. Residents enjoy more than 190 miles of hiking and biking paths. A little over 20 percent of the township’s acreage is set aside for green space, greenbelts, and golf courses…

Unlike similarly successful (and now former) townships including Irvine, California, The Woodlands has reliably refused to incorporate as either a standalone city or part of Houston, even as the issue is raised every few years by developers, residents, or the city of Houston, which provides municipal services such as waste removal, water, and local law enforcement from the sheriff’s department. Tough points to the township’s one-of-a-kind public service provider agreement with Houston and the fact that the township is run more like a business than a municipal government as the primary reasons why The Woodlands doesn’t need to incorporate. Houston agrees not to annex The Woodlands during the next 50 years. In exchange, The Woodlands continues to make service payments to Houston.

Among residents, the question of incorporating is primarily a financial concern. Research indicates that becoming a standalone city could raise property taxes in The Woodlands from 32.5 cents up to anywhere from 58.14 cents to a staggering 81.5 cents per $100 valuation. (By comparison, the property tax rate in Houston hovers around 63 cents.) The costs would include road maintenance, setting up new sewage and water provisions, and establishing a separate police department. Estimates for just those few basic services reach into the hundreds of millions, costs residents fear would be added to their annual tax bills…

For now, The Woodlands residents can relax. For its population, the township has one of the lowest tax rates in the United States but more and better services than similar counterparts. There is no local income tax charged in The Woodlands, and Texas is one of seven states without state income tax. The bulk of their tax money comes from sales tax levied against visitors who flock to the downtown promenade and amphitheater.

This is an interesting case but it sounds like the primary reason The Woodlands has not incorporated is because it can afford not to. In other words, it can afford to contract with Houston for municipal services and it can rely on visitors to provide a lot of revenue rather than having to tax its residents at a higher rate. The community of over 93,000 residents has a median household income of $103,229, is 88.4% white, a poverty rate of 5.1%, and 59% of residents have a college degree. Many communities do not have this luxury.