Manouel v. Board of Assessors

29 N.E.3d 881, 25 N.Y.3d 46, 6 N.Y.S.3d 534
CourtNew York Court of Appeals
DecidedFebruary 24, 2015
StatusPublished
Cited by3 cases

This text of 29 N.E.3d 881 (Manouel v. Board of Assessors) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manouel v. Board of Assessors, 29 N.E.3d 881, 25 N.Y.3d 46, 6 N.Y.S.3d 534 (N.Y. 2015).

Opinions

OPINION OF THE COURT

Rivera, J.

In this appeal concerning the denial of petitioners’ application for small claims assessment review of their property taxes under Real Property Tax Law § 730, we conclude that when, as in this case, the property is occupied during the relevant tax period by an owner’s relative but not by the owner, the property is not “owner-occupied” within the meaning of RPTL 730 (1) (b) (i). Therefore, petitioners’ property does not qualify for small claims assessment review and we affirm the denial of their petition.

Petitioners Mehran and Sepideh Manouel are the owners of a single-family residence located in Nassau County. In 2010, they filed a small claims assessment review (SCAR) petition pursuant to RPTL 730, which provides low-cost, expeditious tax assessment review of certain residential properties. The petition challenged the assessed value of their real property for the 2010/2011 tax year. The Manouels, however, did not occupy the property during the relevant tax period. Instead, petitioner Mehran Manouel’s mother lived in the residence, rent-free. Respondent County of Nassau requested disqualification of the petition for lack of jurisdiction, arguing that the property did not qualify for the SCAR program because it was not owner-occupied by the Manouels during the tax year in question, as required by RPTL 730 (1) (b) (i). The SCAR hearing officer agreed and ordered the petition disqualified.

Thereafter the Manouels commenced a CPLR article 78 proceeding challenging the hearing officer’s decision as arbitrary and capricious, and without rational basis. They argued their property came within the statute’s coverage because the owner-occupancy requirement was designed to exclude income-producing properties from SCAR, and the statute should therefore be read to encompass properties, like [49]*49theirs, which are occupied rent-free by the owner’s relative. The County moved to dismiss again arguing the petition lacked a jurisdictional basis. Supreme Court concluded the hearing officer’s determination was proper, granted the County’s motion, and denied the petition and dismissed the article 78 proceeding (Matter of Manouel v Board of Assessors, 2011 NY Slip Op 34171 [U] [2011]).

The Appellate Division affirmed, finding the Manouels did not reside on the property and no evidence established the mother’s residence was merely temporary. Therefore, the Manouels failed to comply with the clear and unambiguous statutory requirement of RPTL 730 (1) (b) (i) that the owner occupy the premises (Matter of Manouel v Board of Assessors, 111 AD3d 735 [2d Dept 2013]). We granted the Manouels leave to appeal (22 NY3d 862 [2014]).

The Manouels argue that they should be able to avail themselves of the SCAR program because the statutory language should be interpreted to include noncommercial property occupied rent-free by their close relative. The County responds that by its plain language, and as confirmed by the statute’s legislative history, RPTL 730 (1) (b) (i) is limited to properties that are owner-occupied. Therefore, because the Manouels concede that they did not occupy the premises during the relevant tax period, the property is beyond the scope of the statute. We agree with the County.

In determining the meaning of the statutory language at issue we adhere to the well established principle that “where the statutory language is clear and unambiguous, the court should construe it so as to give effect to the plain meaning of the words used” (Commonwealth of the N. Mariana Is. v Canadian Imperial Bank of Commerce, 21 NY3d 55, 60 [2013] [brackets and citations omitted]; see also McKinney’s Cons Laws of NY, Book 1, Statutes § 94, Comment [“The Legislature is presumed to mean what it says, and if there is no ambiguity in the act, it is generally construed according to its plain terms”]). According to the RPTL, an owner may petition for property tax review under the SCAR program provided that “the property is . . . improved by a one, two or three family owner-occupied structure used exclusively for residential purposes” (RPTL 730 [1] [b] [i]). The “owner-occupied” language in this section is unambiguous, and the import of its ordinary meaning is that the person with ownership rights must be in occupancy of the subject property in order to petition under the SCAR program. [50]*50The choice of the word “owner,” which is legally understood to mean the holder of certain superior interests in property (see Black’s Law Dictionary [9th ed 2009] [defining owner as “(o)ne who has the right to possess, use, and convey something; a person in whom one or more interests are vested”]; see generally 1 Rasch, New York Law and Practice of Real Property §§ 2:1, 2:2, 2:4), when used in section 730 (1) (b) (i) to modify the type of occupancy required by the statute means that section 730 excludes property occupied solely by persons with rights inferior to those of the owner. Moreover, because the statute lacks any reference to occupancy by persons other than owners, we presume the legislature intentionally omitted non-owner occupants from coverage (see McKinney’s Cons Laws of NY, Book 1, Statutes § 74 [“the failure of the Legislature to include a matter within the scope of an act may be construed as an indication that its exclusion was intended”]) and accordingly, we decline to “read into the statute that which was specifically omitted by the legislature” (Commonwealth of the N. Mariana Is., 21 NY3d at 62). The statute’s unambiguous language thus leads to the conclusion that the Manouels cannot challenge the property’s tax assessment in a SCAR proceeding because during the tax year at issue they were non-occupant owners of the property.

Nevertheless, in support of their argument that we should attach a more expansive meaning to “owner-occupied” than the words may suggest, the Manouels rely on Matter of Town of New Castle v Kaufmann where this Court stated that “literal and narrow interpretations [of statutes] should be avoided” where “such a construction would thwart the settled purposes of the statute” (72 NY2d 684, 686 [1988] [citations omitted]). The Manouels contend that in order to effectuate the purpose of the SCAR petition process, the statutory term “owner-occupied” should be liberally construed to include property, like theirs, occupied by the owner’s non-rent-paying relative. They argue that such construction is faithful to the legislative intent to deny owners of income-generating properties access to the SCAR program, presumably because such owners could afford a traditional tax certiorari appeal. The underlying premise of the Manouels’ argument is obvious: owners of non-income-producing properties who allow their relatives to occupy the property rent-free are the types of beleaguered taxpayers the legislature sought to assist when it created the SCAR program. It may be true that the owners described by the Manouels [51]*51would be well served by participation in the SCAR program, but that is a far cry from a legally sufficient basis to conclude that they are the intended beneficiaries of RPTL 730.

The Manouels argue that in Town of New Castle this Court interpreted RPTL 730 broadly, eschewing narrow interpretations that undermine the statute’s primary remedial purposes, and that we should do so again in this case. While the Manouels are correct that Town of New Castle took a somewhat broad view of a different section 730 requirement, they are incorrect that the decision mandates we do the same here with respect to the “owner-occupied” requirement.

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29 N.E.3d 881, 25 N.Y.3d 46, 6 N.Y.S.3d 534, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manouel-v-board-of-assessors-ny-2015.