A lawsuit filed Tuesday against Suffolk County asks the state Supreme Court to strike down $65 million in profit from recent county fee hikes and force the county to refund a portion.
The complaint, filed by the Albany-based nonprofit Government Justice Center on behalf of five plaintiffs, says the fee increases on real estate transactions are “unauthorized taxes” that far exceed the $1.2 million cost of the county agency that provides the services.
The county increased its “tax map verification fee” from $60 per parcel to $200 in 2015 and added a $300 fee for mortgage recordings in 2016.
The suit said the county was “unwilling to rein in its spending or face the political consequences of raising taxes to pay for general fund expenses.” Under state law and legal precedent, local fee hikes have to meet the costs of providing services, according to the lawsuit.
County Executive Steve Bellone’s spokesman Jason Elan did not immediately respond to a request for comment.
The county has struggled to close a $160 million budget deficit as personnel and health costs continue to climb. Bellone has promised not to increase county property taxes over the state-mandated tax cap, and instead the county has increased fees in recent years on parks, security alarms and real estate transactions. Amid public pushback this year, there are no fee increases in Bellone’s proposed budget for 2018, which is scheduled for a vote in November.
The complaint asks that the court strike down the real estate transaction fees altogether and refund the $300 mortgage fee to those who paid it.
“It’s straight up obvious the fees are being raised for the general fund,” said Cam Macdonald, executive director of the Government Justice Center.
The complaint cites debate at the Suffolk Legislature, which often centered on the need to approve the fee hikes to balance the county’s budget.
“If we vote against this, if it doesn’t pass, you’ve got a $33 million hole in your budget, and that hole will encompass programs that we put in place to be of help and assistance to the people of Suffolk County,” Legis. Thomas Barraga (R-West Islip) said at the Dec. 20 meeting.
Lawmakers have been warned about the large fee increases that exceed the cost of providing services.
At a February committee meeting, Legislative Counsel George Nolan said fees had to be “roughly commensurate with government’s cost of providing services” or a court could strike them down. At the time, the Legislature was discussing a doubling of a $55 fee on traffic tickets, which has failed to get enough votes to pass.
Macdonald said Nassau also has increased fees similar to Suffolk in recent years. The group is expecting to file a similar suit against Nassau.
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