The lawsuit in question, Tyler v. Hennepin County, was brought by a Minnesota woman named Geraldine Tyler. Ms. Tyler owned a condo, but she owed about $15,000 in unpaid real estate taxes, interest and fines.

Tyler is 94 years old. She owned a Minneapolis condominium for over a decade and used it as her primary residence until 2010, when her family moved her to a community for the elderly. Since then, no one has paid property taxes on condos.

Hennepin County, where she lived, foreclosed on her house and sold it for $40,000, more than $25,000 more than Tyler’s debt. Ms. Tyler’s lawsuit basically focused on the idea that the county stole her property.

The Supreme Court ruled that the county unconstitutionally collected more than its fair share by withholding the excess on top of Tyler’s debt. A unanimous decision found that the sale violated the Fifth Amendment’s receipt clause and the Eighth Amendment’s excess penalties clause.

Because delinquent property taxes are not treated the same in Minnesota and Arizona, Mr. Benatar’s office said it is looking at gray areas when applying the precedents set by Mr. Tyler.

Coconino County sets a lien on real estate on January 1 of each calendar year. The lien expires when property taxes due in September are paid in full.

“If you pay in halves, the first half must be paid by November 1, 2023 before interest accrues. The second half must be paid by May 1, 2024 before interest accrues. If you pay for the full year, December 31st is the deadline,” she said.

If the homeowner doesn’t pay the 2023 delinquent taxes by December 2024, the county may sell the lien on the property, which is not the same as seizing or selling the property itself. not the same.

An investor can purchase a lien and pay a certain amount of interest. If the home is foreclosed and the homeowner fails to repay the lien, the deed to the property will be transferred to the investor.

“What happened in Minnesota is that the county seized the land. We don’t seize the property,” Benatar said. “Theoretically, yes, a situation could arise where a property owner does not pay taxes and loses the house. That’s the gray area. Where do we fall in Arizona?”

Whether the lawsuit will directly affect Arizona’s policies remains to be seen, but Benatar said there’s no reason the decision shouldn’t spark a broader debate about protecting homeowners.

“SCOTUS is clear and I agree. Property is something we all work hard to get. We work hard to own our own home. I am,” she said. “I always say that property ownership is the most affordable form of housing. Especially these days, if you can own your own home, your mortgage payment will probably be less than the rent in this town. If you can do it for free If you clearly own it, your annual tax is probably less than your rent.We want to keep people at home.”

In Coconino County, less than 25% of homeowners are still paying off their mortgages. The remaining three-quarters of him are primarily concerned with paying property taxes to maintain ownership of the home.

“We should have conversations like this. [Tyler] It was a unanimous decision. This is not a partisan issue. You work hard for your property, and sure, we all experience financial ups and downs. You may get sick or have unexpected medical expenses. Things happen and if for some reason you find yourself in that situation, you shouldn’t be penalized any further,” Benatar said. “For us, it’s a great opportunity to add protections for property owners and voters.”

Most recently, Mr. Benatar helped lead efforts to renew ARS 42-17303, a tax deferment law designed to protect economically vulnerable homeowners.

In theory, the law allows for something akin to a reverse mortgage. Eligible applicants can have their property tax balance paid by the State Treasurer as long as they live in their home and it is their primary residence.

Benatar said he believes the law is too outdated and ineffective. To qualify for this program, a homeowner’s annual income must be less than her $1,000. Their property value he cannot exceed $150,000.

“I don’t know who makes less than $10,000. If they’re on Social Security, they make less than $10,000,” Benatar said. “Even if your income is only $10,000, what real estate in Flagstaff is worth that much?”

In 2020, Mr. Benatar worked on drafting SB 1491. This will update the statute in some important respects.

The age limit for applicants was supposed to be lifted from 70 to 65. It would also have worked in the direction of setting income limits on social security payments, so the two would be coordinating in parallel.

“The goal was to change the income requirement, align it with Social Security, follow it whenever adjustments are made, and change it so that we know the fixed income requirement. Lower the age from 70 to retirement age. “Then we’ll include people with permanent disabilities there so they can also qualify for the program,” she said. ”

This bill was never heard. But after Tyler, Benatar hopes lawmakers may be happy to return to the table to adjust the law.

In the meantime, she said, she wants to make the state’s existing safety nets more accessible to more people.

In 2022, voters approved Proposition 130, a tax credit for disabled veterans. There are also exemptions for persons with permanent disabilities and exemptions for widows. Seniors may also work with the Coconino County Assessor’s Office to request an assessment freeze. This ensures that the property value will not change and the property tax rate will be fixed in the future.

“We provide a mechanism that gives people, especially those with a fixed income, the leeway to buy a home,” Benatar said.

She said the Department of Housing has subsidies available to homeowners to pay their property taxes, and her office regularly offers housing solutions to those struggling with housing issues to keep them home. and legal aid, he added.

Benatar’s office also helps residents plan their payments when possible.

“It’s a housing issue. We talk about housing issues all the time, but I honestly feel like homeownership is slipping through the cracks. Look at our communities. We have a home, we have a working family who have lived here for 30 years, paid off a 30 year mortgage and are now approaching retirement age,” she said. “I would prefer people to stay in this community and stay at home rather than venturing into the rental market.”

The tax collection rate in Coconino County is close to 90%. This means that the majority of people can and do pay their taxes on time.

“I always tell the county board of supervisors, my dream is to collect 100 percent. Everyone pays their taxes on time. That’s my goal. Will we get there?” Maybe not, but I can work hard towards it,” Benatar said.

To help achieve this goal, the County Treasury now accepts property tax payments via Venmo and PayPal. They started printing information about payment plans and exemption requests on the back of tax notices.

“If you are a property owner, I highly recommend that you receive your taxes in September. Look at the back of your notice. “Hey, there’s a program like this,” he says through the assessor’s office. “Because the value reduction program and the valuation freeze are done through the assessors, but we have all the information there,” Benatar said. She added that enrollment in the relief program has skyrocketed since her office began using the notice board as it does now.

Passionate about closing all the gaps, especially during the housing crisis, and making sure the remaining 10% of voters know there are resources available, she said. Told.

“People are watching, but there are people out there that I know might qualify. See, it doesn’t hurt. Come to the assessor’s office,” Benatar said.