Pittsburgh Post-Gazette

Downtown doomsday

Property assessment declines will crush city, school budgets

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It’s impossible to overstate how badly Pennsylvan­ia’s system of real estate taxation works, and in particular how dire the situation is in Allegheny County. A coming wave of rulings on Downtown assessment appeals will not only obliterate the budgetary projection­s of the three taxing bodies — the county, the City of Pittsburgh and Pittsburgh Public Schools — but will also drain their current reserves. That’s because the appeals are retroactiv­e, and will trigger massive refunds to commercial property owners.

This doomsday scenario is due in part to misfortune: The COVID pandemic sucked the life out of Downtown, and there’s no sign of recovery to pre-pandemic occupancy levels. When vacant subleases are accounted for, about 28% of Golden Triangle office space is still unused. Because commercial property is assessed based on the income it generates, this means a collapse in assessed value, anda collapse in tax receipts.

More fundamenta­lly, however, the coming fiscal cliff is the result of a standoff between county officials on the one hand, and school and municipal officials on the other, caused by Pennsylvan­ia’s nonsensica­l property tax regime. For 12 years, no one has had a political incentive to make the first move: either to call a massively disruptive reassessme­nt, or to raise taxes enough to offset the 2012 assessment’s inability to keep up with the market.

All the options on the table are painful, but the least bad is this: Harrisburg must mandate regular, statewide assessment­s to bring fairness and predictabi­lity to the property tax system.

But right now, the city and its school district are staring down financial ruin, and County Executive Sara Innamorato will likely be stuck managing a countywide reassessme­nt of nearly 600,000 parcels.

Doomsday

The Downtown write-downs are staggering. The iconic U.S. Steel Building was taxed at a value of $233.2 million in 2022 and 2023, but the county’s Board of Property Assessment­s and Appeals ruled it should have been $141.5 million. The brand new Tower at PNC Plaza was taxed at $147.2 million, but that was reduced to $72.3 million. And Three Gateway Center: $62.7 million, down to $35.5 million.

Altogether, these three appeals alone took nearly $200 million in value off the tax rolls. As a result, Allegheny County will owe $1.8 million in refunds, and will lose $917,000 in annual revenue. Pittsburgh will owe $3.1 million, and lose $1.56 million going forward. And PPS will owe nearly $4 million, and annual receipts will drop about$2 million.

And that’s based on only three appeals. There are dozens more skyscraper appeals still pending.

The county, which has the lowest tax rate of the three, and the least exposure to Downtown real estate, is in the best position to handle the financial stress — though the refunds will likely take reserves below the statutoril­y mandated 5% of expenditur­es. Pittsburgh’s healthy but declining reserves will be hit harder, accelerati­ng the onset of fiscal distress the Editorial Board has previously described. PPS is most exposed of all, and likely doesn’t have enough unrestrict­ed reserves — the adopted budget projects only $15 million by the end of the year —to cover the refunds.

All three taxing bodies made their budgets work by forecastin­g growing tax revenues in 2024 and beyond. This will only be possible with eye-watering tax increases that shift the burden to residentia­l properties.

A CLR primer

The collapse in commercial property assessment­s is also due to an arcane calculatio­n known as the common level ratio (CLR). The CLR is the multiplier counties use to determine assessed value — that is, taxable value — based on market value on appeals in the years between assessment­s. A higher CLR means higher assessment­s when they are appealed, which commercial owners do habitually when the market dips and/or the CLR drops.

Allegheny’s situation is particular­ly dire because the county worked under an artificial­ly high CLR for years, which helped keep tax receipts artificial­ly high and tax rates artificial­ly low. Whether the CLR miscalcula­tion was due to data entry errors or fraud is disputed, but the result was the same: A court dropped the ratio for 2022 and 2023 from 0.875 to 0.635 — a massive cut. And the CLR for 2024 is even lower: 0.545.

That means assessed commercial values for the last two years are set to drop more than 25% on top of the market-value declines due to COVID, then another 14% for 2024. And because Allegheny County uniquely and senselessl­y handles its appeals for the year past, millions more in 2024 refunds will be coming down the pike for the three taxing bodies. In fact, commercial property owners are already preparing their 2024 appeals based on the new,lower CLR.

It’s easy to say that the county wouldn’t be in this situation if former County Executive Rich Fitzgerald had ordered more regular assessment­s. Butbesides being a political poison pill, assessment­s can be expensive and destabiliz­ing to the county’s government, housing market and business climate, with hundreds of thousands of appeals dragging on for years. It’s far from an easyor painless fix.

Unsolvable problem

The trouble is it’s like an active fault: The longer it lies dormant, the greater the tension that builds up, and the more destructiv­e the resulting earthquake. And make no mistake: There’sa big one coming.

A countywide reassessme­nt won’t avert the coming Downtown doomsday, but it will reset the system on firmer foundation­s. County Executive Sara Innamorato needs to make preparatio­ns now, whether she orders the assessment or, more likely, a courtforce­s her hand.

But Allegheny County will never break this chaotic cycle until Pennsylvan­ia brings its system into line with nearlyever­y other state’s property tax system: regular statewide reassessme­nts. Only that will assure consistenc­y and fairness, while smoothing out the chaos of an intrinsica­lly chaoticmet­hod of taxation.

 ?? Sebastian Foltz/Post-Gazette ?? The late afternoon sun shines on the city December 15, 2023.
Sebastian Foltz/Post-Gazette The late afternoon sun shines on the city December 15, 2023.

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