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Barbara Garner bought a tiny home in west suburban Melrose Park for $75,000 in 2010. A few months earlier, the Cook County assessor’s office valued it at $164,640.
An unfair burden
County property tax system harmed poorer residents, helped the rich
By Jason Grotto | Chicago Tribune THE SERIES The problem lies with the fundamentally flawed way the
Sunday Cook County county assessor’s office values property.
Chicago has long been a city divided by race and class, a property taxes harmed The valuations are a crucial factor when it comes to
metropolis with starkly different crime rates, economic the poor, helped the rich calculating property tax bills, a burden that for many
realities and educational opportunities depending on where Monday The appeals determines whether they can afford to stay in their homes.
you live. process makes assess- Done well, these estimates should be fair, transparent and stand
But there’s another division in Chicago and Cook County, ments even less fair up to scrutiny.
one that for years has gone unexamined even as it pits rich Tuesday An era of errors But that’s not how it works in Cook County, where Assessor
against poor. may have expensive con- Joseph Berrios has resisted reforms and ignored industry
An unprecedented analysis by the Tribune reveals that for sequences for taxpayers standards while his office churned out inaccurate values. The
years the county’s property tax system created an unequal result is a staggering pattern of inequality.
burden on residents, handing huge financial breaks to Read the whole series at From North Lawndale and Little Village to Calumet City and
homeowners who are well-off while punishing those who have chicagotribune.com/
the least, particularly people living in minority communities. taxdivide Turn to Property tax, Page 12
By James Steinbauer 2000, and each year since they In duel about truth, advantage
and Leonor Vivanco
Chicago Tribune
have noticed that the small
arachnid with a white, starlike
spot on its posterior has ap-
lies with Comey over Trump
When Keith Clay became in- peared more frequently and By Philip Bump If that seems familiar, it should.
terested in ticks almost 17 years moved farther north. The Washington Post It was precisely the strategy
ago, the lone star tick couldn’t be The lone star and other ticks Trump and his team used during
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common. panding their ranges and their Donald Trump’s defense of the was viewed as unfavorably as he
Clay, a professor of biology at potential to spread disease. The allegations leveled against him by was and then squeaking past her
Indiana University in Blooming- blacklegged tick, which carries former FBI Director James in just enough places to win the
ton, studies the mini-ecosystems Lyme disease and the deadly Comey. presidency.
of bacteria, viruses and other Powassan virus, has already tak- BRIAN CASSELLA/CHICAGO TRIBUNE The first is to make the question Here’s how this works in the
microorganisms that ticks house. en up residence in Illinois, Blacklegged ticks — shown as a he-said, he-said contest between case of Comey.
He and his team of students have spreading south from Wisconsin. larva, bottom, adult, left, and the two men. The second is to During a news conference with
collected ticks in the forests an adult after feeding — migrated make himself seem more believ-
hour south of Indianapolis since Turn to Ticks, Page 9 from Wisconsin into Illinois. able. Turn to Truth, Page 26
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12 Chicago Tribune | Section 1 | Sunday, June 11, 2017 B B Chicago Tribune | Section 1 | Sunday, June 11, 2017 13
An unfair burden
Tax burden heavier in poorer areas
Lower-priced homes
likely to be overvalued
The Tribune compared actual home sales
prices to the market values estimated by the
Cook County assessor’s office. The data cover
valuations from 2009 through 2015; Assessor
Joseph Berrios took office in December 2010.
OVERVALUED AND
UNDERVALUED
CENSUS TRACTS
Homes were:
Overvalued
by 10% or more
Overvalued
by less than 10%
Equal
valuation
Undervalued
by less than 10%
Undervalued
by 10% or more
2003 2007 2011 2015 2003 2007 2011 2015 Median household income
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE SOURCES: Cook County assessor’s office, Cook County treasurer’s office, Illinois Department of Revenue, U.S. Census Bureau, Tribune analysis
RYAN MARX AND KYLE BENTLE/CHICAGO TRIBUNE
Widowed and living alone in a four-bedroom home near Melrose Park, Barbara Garner in 2010 downsized to this much smaller house. But her property tax bill was about the same.
Property tax, from Page 1 to hold his office, Berrios is No mass appraisal ever pro- the Gold Coast and downtown,
chairman of the Cook County duces exact results, so assessing meanwhile, was nearly 20 percent
Melrose Park, residents in work- Democratic Party and controls experts use statistical tests to lower than it should have been.
ing-class neighborhoods were three active campaign funds ensure that any errors fall within Areas of the city where gentrifi-
more likely to receive property tax where he’s raised more than $5 reasonable limits. cation had taken hold saw values
bills that assumed their homes million since 2009, more than half The most common measure of come in low, while homes just
were worth more than their true of which came from property tax accuracy is called the coefficient outside those neighborhoods
market value, the Tribune found. attorneys and the businesses asso- of dispersion, or COD. Assess- were more likely to be overvalued.
Meanwhile, many living in the ciated with them. Among his ment experts say the highest Small apartment buildings in the
county’s wealthier and mostly strongest allies: Illinois House acceptable score is 15, which trendy eastern parts of Humboldt
white communities — including Speaker Michael Madigan and basically means the average error Park and Logan Square were likely
Winnetka, Glencoe, Lakeview and Ald. Edward Burke, both property rate was 15 percent. to catch a break while many on the
the Gold Coast — caught a break tax lawyers who benefit from the Prior to 2009, Cook County had west sides of the neighborhoods
because property taxes weren’t county’s broken system. scores of around 15, the Tribune’s got hammered.
based on the full value of their It isn’t as if Berrios is unaware analysis found. Since then, howev- Bungalows in the far south
homes. of the problems with his assess- er, the scores have been as high as suburbs of Chicago Heights, Lyn-
As a result, people living in ments. In July 2015, he boasted in 31 in some townships, meaning wood and Ford Heights were far
poorer areas tended to pay more a news release that his office had assessments were deeply unfair. more likely to be overvalued while
in taxes as a percentage of their adopted new, state-of-the-art In Chicago, scores for the city’s luxury homes in Wilmette and
home’s value than residents in computer models designed to eight townships ranged from 16 to Winnetka were undervalued,
more affluent communities. improve accuracy and address 31 for the 2012 reassessment. The some by as much as half.
Known as the effective tax rate, persistent inequalities. scores for the 2010 reassessment The 2015 reassessment for Chi-
the percentage should be roughly But the Tribune’s examination in the north suburbs and the 2011 cago was slightly better than in
the same for everyone living in a of the computer programs offi- reassessment in the south and 2012, as regressivity for the entire
single taxing district. cials say they used to value west suburbs also exceeded the city fell to acceptable levels. But
But the Tribune’s analysis residential properties in 2015 standard of 15, sometimes by a the scores still failed to meet
shows the rates became skewed in shows Berrios continued to use wide margin. professional standards in many
favor of wealthier residents. the old, faulty model. “If you get CODs over 20, or townships, the Tribune found,
The assessor’s office says it does “My understanding at the time certainly 30, it’s professionally and the county as a whole contin-
not check its own work for of the press release was that they unacceptable,” said Richard Almy, ued to suffer from severe regres-
fairness and accuracy, as is stand- were going to replace the old TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE ANTONIO PEREZ/CHICAGO TRIBUNE a former executive director of the sivity.
ard practice for assessors around model with the new one,” said Garner’s home, built just after World War II, is less than 800 square feet. “I blew a gasket,” Garner said of her Cook County Assessor Joseph Berrios controls three active campaign funds and has raised more than $5 International Association of As- Moreover, if condominiums are
the world. Robert Weissbourd, who led the tax bill. “I moved here to save money but instead I was paying the same amount in taxes.” million since 2009. More than half of it came from property tax attorneys and related businesses. sessing Officers. “It calls into excluded from the analysis, error
So the Tribune stepped in, team that created the new model question the credibility of the rates and regressivity violated
compiling and analyzing more and was quoted in the release. reassessment. Finally, in 2015 she many are done each year. When unequal system even less fair. measure the accuracy and fairness amount in taxes.” which compare actual sale prices whole tax system.” standards across the board in
than 100 million property tax “The new model was technically, filed an appeal and won a 10 the Tribune made an open-re- That’s because owners of high- of their valuations. Garner’s tax bill was higher to their estimates. Cook County A high score means the system 2015. The assessor’s office histori-
records from the years 2003 by every measure, more accurate, percent reduction. cords request for documents de- priced homes are far more likely “That’s insane,” said Peter than she expected because the says it doesn’t do the studies, is riddled with errors, but it cally has been better at valuing
through 2015, along with thou- fair and transparent. “Why does it have to be so tailing how the practice works, to appeal. Davis, an assessing expert who assessor overshot the price she relying instead on research con- doesn’t say whether the errors are condos, the Tribune found. One
sands of pages of documents, then “If they are not taking advan- unfair?” asked Bates. “We are the Berrios refused. The newspaper In defending the office, Jaco- helped write the standards for the paid for the house by a factor of ducted by the Illinois Department skewed in a way that favors former official said in a court
vetting the findings with top tage of it, that would be deeply people who can least afford it.” has filed suit, seeking to obtain the netty also noted that under International Association of As- two, the Tribune found. The of Revenue. But that research certain groups. That’s where two deposition that the value of a
experts in the field. The process troubling. There’s millions of dol- In an interview last fall, Jaco- records through a court order. Berrios the county has sent out sessing Officers. “There’s no justi- county had valued the home at comes out years after property other tests — price-related differ- condo was estimated by tracking
took more than a year. lars at stake for the county’s netty, the county’s deputy assessor The assessor’s office also does property tax bills on time, which fication for not doing the studies. $164,640, just months before she taxes are calculated and doesn’t ential and price-related bias — sales in the same building — a
The conclusion: Residential as- poorest residents.” for valuation and appeals, dis- not use computer-based mapping hadn’t been the case for about 35 That’s how you find problems.” bought it for $75,000. provide granular details on indi- come in. different method than the flawed
sessments have been so far off the In Chicago’s West Garfield Park missed the need for updated programs that are a common years. Because of this, officials say, In Chicago’s Lakeview neigh- vidual neighborhoods. The tests can help determine computer models used for single-
mark for so many years that the
credibility of the entire property
neighborhood, Gail Bates knew
there was something wrong with
assessment models, arguing that
homeowners would be relieved to
feature in modern assessment
systems and relies on an outdated
local governments saved millions
in borrowing costs for loans used
Deeply unfair borhood, meanwhile, the assessor
estimated the value of a 2,600-
The Tribune checked the asses-
sor’s accuracy over 13 years, in-
whether the property tax system
suffers from regressivity: the over-
family homes and small apart-
ment buildings.
tax system is in doubt. the county’s valuation practices as know that the assessor is not mainframe computer from the to tide them over until property Widowed and living alone in a square-foot house at $787,000 in cluding at the neighborhood level, valuing of low-priced homes and The pattern of regressivity in
Berrios, who took office in soon as she opened her first solely relying on the “purity of early 1990s as it calculates esti- taxes come in. four-bedroom home near Melrose 2012. That is just over half the by obtaining data on more than 1.4 undervaluing of high-priced ones. Cook County meant that the tax
December 2010, declined to be mailing from the assessor. mathematics.” mated values for 1.8 million prop- But that timeliness came as Park, Barbara Garner decided in price a couple paid for it the same million sales since 2003 and The Tribune found regressivity burden — the fixed amount of
interviewed for this series. But A caseworker for the Illinois “Would they be as concerned erties in the county. Officials say accuracy suffered. 2010 to downsize. year. Five years later, the valuation matching them to assessment problems exploded in Cook money that the county is going to
through an interview in Septem- Department of Children and Fam- about their assessments being the county is updating its comput- Since 2009, the Tribune found, She swapped her 2,000-square- is still 30 percent short of the $1.4 records. Three assessment ex- County beginning in 2009, when collect — was being distributed
ber with top aide Thomas Jaco- ily Services, Bates purchased her based purely on math and driven er system, but the process is Cook County’s assessments have foot, two-story house — one of the million sale price, even though perts, including a former execu- regressivity scores exceeded in- inequitably as well.
netty, and then in written state- two-flat in 2009 for $119,000. by equations? Or would they feel expected to take years. been so inaccurate they violated biggest in the area — for a nearby home values in the neighborhood tive director of the International dustry standards for most of By comparing sale prices to
ments in 2017, the office defended According to state law and county better knowing there was a hu- Jaconetty stressed that resi- standards set by the International single-story home built just after have soared. Association of Assessing Officers, Chicago’s townships. In 2012, the property tax bills, the Tribune and
its assessments as fair and accu- ordinance, her property tax bill man being involved?” he asked. dents who believe their property Association of Assessing Officers, World War II. Her new place is Accurately estimating a proper- vetted the Tribune’s analysis. scores got even worse. the University of Chicago calcu-
rate and said it strongly disagreed should be based on her home’s That philosophy helps explain is overvalued have the option to a professional organization that smaller than 800 square feet. ty’s market value is crucial be- In its written statement, the Comparing assessed values to lated the effective tax rate for
with the Tribune’s findings. market value. why the county appears to rely so appeal — and are encouraged to do develops guidelines used around So Garner was shocked when cause that is the first number that assessor’s office contended that actual sales also reveals inequities Chicago and found it differed
“The (Cook County assessor’s Yet that same year, the assessor heavily on “hand checks,” a proc- so. the world. she learned her new tax bill would goes into calculating property any privately conducted sales ra- in the system. In the township widely by neighborhood between
office) believes the valuation and valued the property at $210,500, ess in which property values are But when the Tribune part- Valuing property in the wake of be nearly the same amount she’d taxes. If the estimate is faulty, the tio study is invalid because it covering Chicago’s Northwest 2009 and 2015, even though the
uniformity opinions formed by and the office continued to overes- adjusted manually on a case-by- nered with the University of the 2008 housing market collapse been paying for her old home, fairness of the entire bill is thrown would never be admitted into a Side, for example, the 2012 medi- rate should have been roughly the
the Chicago Tribune are not timate its value for years after- case basis. Chicago’s Harris School of Public was no simple task. But even in a more than $4,000 a year. into doubt. court of law. In fact, such studies an assessment level was 10 per- same for everyone.
sufficiently credible,” the office ward. Because the office doesn’t keep Policy to study appeals filed by time of unprecedented upheaval, “I blew a gasket,” she said. “I To determine if assessments are have been accepted as evidence in cent higher than what is called for For example, the average effec-
said in a statement. Bates didn’t appeal in 2009 or in statistics on hand checks, it’s homeowners, the paper found the office says it did not run the moved here to save money but fair and accurate, assessors usu- court cases around the country for in county ordinances. The town-
The latest powerful politician 2012, the year of the next triennial impossible to tell exactly how that the process makes an already studies that assessors carry out to instead I was paying the same ally conduct sales ratio studies, decades. ship that includes Lincoln Park, Turn to Property tax, Next Page
14 Chicago Tribune | Section 1 | Sunday, June 11, 2017 B B Chicago Tribune | Section 1 | Sunday, June 11, 2017 15
Property tax, from Previous Page model greatly decreased the num-
ber of “hand checks” that would
tive tax rate in North Lawndale
and Little Village was around 2
percent — about two times higher
be required to fix obvious mis-
takes. Because no model is perfect,
assessors use hand checks to Methodology: How we
analyzed the tax system
than in wealthier areas like the address outliers, values that are
Gold Coast and Lincoln Park. clearly wrong. Experts in assess-
ments say hand checks should be
The fix that wasn’t kept to a minimum and any
changes should be thoroughly By Jason Grotto were matched to sales that years, depending on where in
The 2009 reassessment for the documented. Chicago Tribune took place within the same tax the county a home is located.
city of Chicago was so problemat- Before the new model could be year. To be as fair as possible, the
ic that it was clear something implemented, however, Houlihan To report this story, the If the ratio of the assessor’s Tribune cited only the results
needed to be done. announced his retirement. Berrios Tribune gathered more than estimated market value to the of sales ratio studies based on
The assessor’s office had over- became the new assessor in De- 100 million electronic property actual sales price is above 1, it calendar years in which trien-
valued some lower-priced homes cember 2010. tax records, including data on indicates the mass appraisal nial reassessments took place.
by as much as 150 percent, the For more than two decades, assessments, sales and tax bills. model overvalued a property, The Tribune also examined
Tribune’s analysis shows. And Berrios had been a member of the The data covered tax years while a result below 1 means how results differed if condo-
complaints were pouring in, espe- Cook County Board of Review, an 2003 through 2015. the property was undervalued. miniums were excluded from
cially from neighborhoods where elected three-member panel that The newspaper used the For example, if the assessor the sales ratio studies.
property values had collapsed in fields assessment appeals. Weiss- data to conduct sales ratio estimated a value of $200,000 The assessor uses computer-
the aftermath of the housing bourd said that after Berrios studies, which assessing offi- for a home that sold that same based regression models to
market crash. assumed office, Weissbourd urged cers around the world use to year for $300,000, the ratio value single-family homes and
James Houlihan, the assessor at him to deploy the new model. evaluate the accuracy and fair- would be about 0.7. A house small apartment buildings. But
the time, turned to outsiders for Instead, Berrios waited. ness of their valuations. valued at $300,000 that sold a former county official has
some help. Nearly a year later, in late 2011, The steps for the studies are for $200,000 would have a testified that condominiums
The MacArthur Foundation MacArthur released another straightforward. Sales ratio ratio of 1.5. were valued by tracking sales
agreed to fund a grant for another round of grant money to develop a studies are done by dividing The results of any mass prices within an individual
nonprofit group, LISC, to examine manual and training program for the assessor’s estimated mar- appraisal model are never per- building and prorating the pre-
how foreclosures had affected the assessor’s office. But not until ket value of properties that fect. So sales ratio studies also dicted value of other units.
housing prices. RW Ventures, a July 2013 — 21⁄2 years after the have sold by the sales price. include measures of fairness The Tribune’s analysis was
consulting firm, was tapped by the new model had been built — did The sale must have occurred and accuracy. reviewed by three assessment
nonprofit to oversee the project, Berrios allow Weissbourd’s team within one year after the mass One of the most important experts who provided feed-
and Weissbourd, president of the to begin showing staff how to use appraisal. statistics produced in the stud- back and suggestions on how to
firm, drafted U. of C. public policy it. The newspaper first queried ies is called the coefficient of improve it: Richard Almy
professor Christopher Berry to Another two years passed be- state property tax transfer data dispersion, or COD. The COD served as executive director of
lead the technical aspects. fore Berrios issued a news release for all sales of residential prop- the International Association
Berry and RW Ventures’ chief in July 2015 stating that he had erties between 2003 and 2015. of Assessing Officers, a profes-
statistician, Michael He, discov-
ered high rates of regressivity in
“implemented a new state-of-the-
art residential assessment mod-
Residential properties include
single-family homes, condo-
The Tribune gath- sional organization that sets
assessment standards, between
the system and delivered the eling technique that assesses the miniums and apartment build- ered more than 100 1982 and 1990, and later served
findings to Houlihan, along with a value of homes in different price ings with fewer than seven as an assessment consultant
proposal to attempt to fix the ranges to improve accuracy.” units. Sales must be reported to million electronic and expert witness. Peter
problem. Among other things, the release the Illinois Department of Rev- Davis, the ratio study supervi-
“I was struck by the level of stated that the new models im- enue because state and local property tax re- sor for the Kansas Department
regressivity,” said Berry. “It wasn't
something I came in expecting to
proved accuracy by 50 percent
and cut down on regressivity by 25
governments levy a tax on
property transfers.
cords for tax years of Revenue, helped write sales
ratio study standards for the
see. We thought maybe we could
do something about it.”
percent. “The technique was de-
veloped to address ‘regressivity,’
The newspaper then elimi-
nated transactions where the
2003 through 2015. IAAO. Robert Denne is an
assessment consultant and for-
The following year, in 2010, which results in higher-priced seller did not advertise that the mer director of research and
MacArthur provided another homes being under-assessed,” the property was for sale and sales measures the distribution of technical services at the IAAO.
grant to LISC so it could hire RW news release said. between relatives or other re- the ratios relative to the medi- “I would say the Tribune
Ventures and Berry to develop a “We created new assessment lated parties, limiting the list to an and produces a score. A conducted a quite rigorous
new computer model for the models ensuring the fairest and what’s known as arm’s-length COD score over 15 means there study, following all of the prin-
county that would accurately val- most accurate assessment pos- sales. Foreclosures, auction is a large amount of variation, ciples and standards of the
ue homes and cut down on sible,” Berrios was quoted as sales, judicial sales and short which indicates a high degree IAAO,” said Almy, now retired.
regressivity. saying. “Good government is fair sales also were tossed out. of random error in the assess- The Tribune also examined
Regressivity is an inherent and its information clear.” TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE Data obtained from the as- ments, or what assessors refer disparities in the system by
problem in mass-appraisal models MacArthur Foundation Presi- Kenyetta Braxton-Williams, shown with her dog, said she bought her Calumet City home at the urging of her sessor’s office included the to as “horizontal” inequities. analyzing effective tax rates, or
because they rely on averages. The dent Julia Stasch provided a quote grandmother but now struggles to pay her rising property taxes. market value and assessed val- Two other important mea- the percentage of a home’s
models take certain characteris- for Berrios’ news release that ue of each segment of a proper- sures used by assessing offices value that the owner pays in
tics of homes that sold and figure praised him for his “leadership Weissbourd said that assertion constant anxiety. ty. For example, each property — price-related differential, or taxes. To do this, the news-
out average values for each one — and persistence in demanding a was “a one hundred percent In July 2010, Kenyetta Braxton- has a land segment and a PRD, and price-related bias, or paper compared property tax
the price per bathroom, per more sophisticated assessment fabrication and really disturbing.” Williams scraped together building, or improvement, seg- PRB — focus on “vertical” bills with sales data between
square foot and so on. Those model.” “There was never any indica- enough money to make a down ment. Properties can also have inequities in a mass appraisal. 2009 and 2015.
values are then used to estimate But the new model was never tion they were unhappy with the payment on a modest $82,000 garages, additions, etc. Both tests look at whether Because the effective tax
market prices for everyone. fully implemented. Stasch and the new model — or not using it — yellow brick home in Calumet To determine the total value differences between ratios are rate should be about the same
But there’s a lot of information public never knew. until the Tribune informed us of City. the assessor’s office used to correlated with differences in for everyone in a single taxing
the models don’t capture, such as their comments, years later,” he Braxton-Williams, who earns assess each property, the news- price. For example, the PRB district, calculating and com-
remodeling, and that can affect
the market value. So, one house
In the dark said.
Said Berry: “Our model sub-
$12 an hour working at a homeless
shelter her grandmother founded
paper summed those segments
into one value, accounting
measures the percentage by
which ratios fall or rise as
paring the rates for communi-
ties within Chicago was
with two bedrooms and two baths The creators of the MacArthur- stantially improved uniformity, on the South Side, said her along the way for any special prices increase or decrease. straightforward. The city is the
might sell for $300,000 and an- funded computer program also and every other industry-standard grandmother was adamant that exemptions, such as the home If higher-priced homes are largest single taxing district in
other with the same characteris- were left in the dark. metric, and we gave them the she buy a home and get settled. improvement exemption. undervalued and lower-priced the county.
tics might go for $100,000. The After analyzing the 2015 reas- analysis to show it.” “The word she used was stable,” The assessment data were homes overvalued, the assess- To fairly compare effective
mass appraisal models would av- sessment for city properties, the The assessor’s 2015 news re- said Braxton-Williams. “She just then joined with the arm’s- ments are said to have a high tax rates across the county,
erage the two, and the resulting Tribune found that the values lease about the new model did not wanted the best for me and my length sales data using Proper- degree of regressivity. which encompasses numerous
value of $200,000 would be too weren’t as accurate or fair as mention any problems, instead daughter.” ty Identification Numbers, or Before running the statistics, taxing districts, the Tribune
low for one house and too high for would be expected if Berrios had touting improvements in accuracy At first, Braxton-Williams said PINs. Each property in the the newspaper trimmed outli- used the tiny fraction of prop-
the other. used the MacArthur-funded mod- and fairness. “The assessed values her payments — including mort- county, including condo units, ers — ratios that were ex- erty tax bills that funds Cook
The housing market crash ex- el. So the newspaper contacted produced by the model are more gage and taxes — were $600 per has a unique PIN, similar to a tremely high or low — to County government and the
acerbated the regressivity prob- Weissbourd and Berry in the reflective of what the homes’ real month, doable if she watched Social Security number. ensure they did not skew the Forest Preserves of Cook
lem because the models rely on spring of 2016. market values are or what they expenses. Because assessments esti- results. County. Those are the only
the previous five years of sales. Both said they were under the would sell for,” it stated. Then she received her tax bill mate prices as of Jan. 1 of a In Cook County, properties taxing districts that cover the
Sales prior to the crash had been impression that Berrios was using Berry also said he pointed out to notice in 2011, stating that the given year, the assessor’s data are reassessed every three entire county.
included in the models, driving up their work. Braxton-Williams bought the house for $82,000 in 2010. The following year, the assessor valued it at the assessor’s office that the new assessor’s office had valued her
the assessor’s estimates for many “We spent weeks training staff,” $147,550. “I love my house, but I know it’s not worth that much,” she said. model’s more accurate valuations home at $147,550. That was almost
properties, especially in poorer Berry said. “It just seemed un- would have boosted the market double what she had paid for it.
areas where values had collapsed.
After months of testing, Berry
and the RW Ventures team settled
imaginable that they wouldn’t
have implemented the model.”
Making requests under the
one.
“Increasing accuracy and equi-
ty of property tax assessments
Pressed further by the Tribune
in that interview, Jaconetty pro-
vided a different explanation. He
School of Public Policy, teamed
with the Tribune late last year to
examine regressivity and the im-
value of some homes dramatically
— presenting a potential political
issue for Berrios.
“I love my house, but I know it’s
not worth that much. And they
know it’s not worth that much,”
Assessor rejects findings from
Tribune’s sales ratio studies
on a novel approach: Divide prop- Freedom of Information Act, the would benefit hundreds of thou- acknowledged that the office did pact of appeals on assessments as “I suggested that they may want she said. “In the six years I have
erties used in the models into Tribune obtained the models that sands of local homeowners,” she not rely much on the new model — part of a graduate-level course.) to phase in the new model, since it lived here my payments have gone
segments based on sale price — the assessor’s office said it used for said, “particularly in low- and it has “issues,” he said — and “If they are not using our model would significantly increase assess- from $600 a month, to $800, to
high, medium or low — and the 2015 reassessment. A thor- middle-income neighborhoods.” instead used the old model as a and are continuing to use the old ments for high-priced homes,” $1,200 and now they are $982. I
compute values separately. That ough review of the computer code In the September 2016 inter- baseline. model, then they missed an oppor- Berry said. “But no one ever just can’t keep up.” For this series, the Tribune of varying opinions and no rejected by courts.
way, two houses with similar found few differences between view, Jaconetty told the Tribune But only a small fraction of the tunity to reduce regressivity, followed up with me about it.” In a written statement, the initially sought answers from valuation system is perfect but CCAO does point to the
characteristics but wildly differ- those models and the ones used the office used both models but estimated values sent to taxpayers which would have helped people How the county assessor calcu- assessor’s office said its assess- the Cook County assessor’s the Tribune’s opinions go far IDOR Sales Ratio Study to
ent sale prices wouldn’t skew the previously. would not say how it reconciled in 2015 matched the results from who own the lowest-priced lated its 2015 valuations remains ment was fair and argued that the office in the fall of 2016. beyond a reasonable range of show that our assessments are
estimates for all homes. So the newspaper asked the the two. He also could not identify the old model, raising further homes in the county,” said Berry. unclear, even after the Tribune 2010 sale was “plainly not an Officials from the office an- what could be drawn from the far more accurate than the
“We really didn't know when assessor’s office specifically for any other jurisdiction in the coun- questions about how the office “That would be inexcusable. examined the two models avail- arms-length, fair-cash-value swered questions in an inter- sales data it reviewed. In short, Tribune contends. This, how-
we first got into it how successful the new model, as well as any try that uses two models or cite arrived at its valuations that year. “It’s not like we’re saying ours is able to the assessor’s office. Very transaction” because the home view with the Tribune. Howev- we strongly disagree with the ever, is not the same as such
we would be,” said Berry. “That's results the office had produced any studies conducted by the Jaconetty also tried to discredit perfect. There is a lot more work few of the dollar figures sent to was purchased from the trust of a er, Assessor Joseph Berrios did Tribune’s opinions. studies being admitted in court
why we tried so many different from it. office that justify the practice. Weissbourd and Berry, saying to be done. But our model was a taxpayers that year align with deceased person. However, the not participate. Some mathematic formulas as evidence of value based
kinds of models.” The Tribune found that just 2 “This is not a situation where they have a “vested interest” in major improvement.” either model. assessor’s own data show that the Then, in early May, Tribune and practices do not necessari- upon case law. Inadmissible in
By 2010, Berry’s team was done percent of those results matched two models work better than one,” promoting their model. This month, the assessor’s of- Were adjustments made office treated it as a standard reporter Jason Grotto met with ly opine to real market trans- court = not appropriate in the
with refinements and confident in the market values that the office said Weissbourd. “It’s not a matter In fact, the assessor’s office fice contended in a written state- through hand checks or some transaction, even labeling it a Tom Shaer, deputy assessor for actions; CCAO believes the Tribune’s court of public opin-
what it had developed. Studies sent to taxpayers. of opinion. If you have a ther- owns the new model, and since ment that it had told Weissbourd other way? What methodology “pure market” sale. communications at the asses- Tribune’s practices and calcu- ion.
conducted by the team found that Informed of the Tribune’s find- mometer that’s accurate to 5 turning it over seven years ago and Berry as early as 2010 that was used? In 2012, Braxton-Williams de- sor’s office, and went over the lations include those types of
its new model outperformed the
assessor’s old model on every
ings, Stasch of the MacArthur
Foundation said in a statement
degrees and someone comes along
with one that’s accurate to 1
Weissbourd and Berry say they
haven’t done any work in the
“sole and exclusive use” of the
new model was “grossly unreli-
The assessor’s office would not
say.
cided to appeal her assessment
and by extension her $4,776 annu-
facts the Tribune planned to
report. The office declined to
formulas and practices which
are not necessarily appropri-
Tribune’s response
measure. that she had expected that the degree, there’s no reason to use assessment field. (Berry, a tenured able” and “creates distortions in In December, Cook County al tax bill. make any other official avail- ate. Mr. Grotto is an accom- The newspaper’s sales ratio
One benefit was that the new new model would replace the old both thermometers.” professor at U. of C.’s Harris uniformity.” Associate Judge Neil H. Cohen County officials agreed to lower able for an interview. plished journalist but not an study involved standard stat-
ordered the assessor’s office to the market value on her home to A week and a half later, the assessment professional nor, istical calculations used by as-
provide the Tribune with docu- $93,630, still nearly 15 percent assessor’s office emailed a re- likely, are any of the other sessing experts around the
System hits a breaking point ments related to its methods for
valuing property, including hand
higher than the amount she paid
for it.
sponse that erroneously as-
sumed the Tribune arrived at
journalists of the Chicago Trib-
une.
world. The study was vetted by
top experts in the field, who
The accuracy of residential property valuations can be checked by dividing the assessor’s estimated market values by the prices of homes that sold within the same year. The checks. The newspaper had filed Since then, officials have in- its findings by running com- With all due respect, the said it was rigorous and fair.
resulting ratio should be close to 1. But in Cook County, the Tribune found, sales ratios were low for years. Then, in 2009, they exploded all over the map. suit under the Freedom of Infor- creased the estimated market val- puter programs used to value Chicago Tribune is dismissing Studies by the Illinois De-
BEFORE 2009: HOMES UNDERASSESSED 2009: A YEAR OF ERRORS
mation Act after the assessor’s ue of the home to $98,560. property. In fact, it’s not pos- CCAO assessments by creating partment of Revenue, or IDOR,
office denied its request, contend- “When I bought this house I sible to draw the conclusions its own sales ratio study despite have also found regressivity
Prior to 2009, all sales ratios for residential properties were less than 1. The dashed line shows Valuation errors exploded in 2009; factors included the housing market collapse and changes ing that the public wasn’t allowed had no idea what I was getting outlined in the stories from court decisions disallowing and high error rates in Cook
how higher-priced homes tended to be more undervalued, but the effect was small. to the assessor’s computer models. Many lower-priced homes were dramatically overvalued. to see how its process works. into,” she said. “My credit is shot. such programs. Rather, the even the IDOR sales ratio study County.
Sales ratio study for Hyde Park Township, 2006 “That’s not what FOIA was I’m $17,000 in arrears, and now newspaper conducted sales ra- to be admitted into evidence in When reporting market val-
Sales ratio study for Hyde Park Township, 2009 meant for, to hide things from the they keep threatening to take my tio studies. property tax litigation that ues, the Tribune relied on
citizens,” Cohen said in court. home. I love my home, and it’s not Informed of the error, the spans decades. actual sales. The stories do not
2.0 2.0
1.8 1.8 “FOIA was meant to disclose and like I have anyplace else to go.” assessor’s office (CCAO) sent The Tribune’s sales ratio use statistical formulas to esti-
1.6 1.6
have total transparency of its Braxton-Williams said her an amended response. Below is study cannot be relied on for mate market value.
elected officials who work for the struggle to pay her tax bills and the section that most directly value. Separate from CCAO’s The lawsuits referred to by
1.4 1.4
people.” mortgage has given her a new addresses the Tribune’s find- beliefs, not to be dismissed are the assessor’s office involve
Sales ratio
Sales ratio
1.2 1.2 Berrios is appealing the ruling sense of empathy in her job as ings, followed by the Tribune’s those court decisions because specific properties and tax
Overvalued
1.0 1.0
— at taxpayer expense. So the intake coordinator at the home- response. they established that IDOR years, and do not speak to a
Undervalued documents remain secret. less shelter, A Little Bit of Heaven. sales ratio studies are not broad evaluation of the coun-
“There have been many times,” Assessor’s response admissible from plaintiffs chal- ty’s assessment practices.
0.8 0.8
0.6 0.6
‘I just can’t keep up’ she said, “when I thought I might
be in that same situation.” CCAO believes the valuation
lenging valuation. Thus, it is
fair to say, sales ratio studies by
No state law bars sales ratio
studies from being admitted
0.4 0.4
Whether assessments are fair and uniformity opinions private citizens such as Mr. into evidence, and such studies
0.2 0.2
isn’t just a technical matter. The John Chase and David Kidwell formed by the Chicago Tribune Grotto, who are not licensed have been admitted into evi-
0.0 0.0 issue directly affects the financial contributed. are not sufficiently credible. appraisers or other assessment dence in many cases around
$0 $100k $200k $300k $400k $500k $600k $700k $800k $900k $1M $0 $100k $200k $300k $400k $500k $600k $700k $800k $900k $1M
futures of people whose homes Fair property assessment is full professionals, would also be the country for decades.
Selling price of home Selling price of home are their biggest investments and jgrotto@chicagotribune.com
SOURCES: Cook County assessor’s office, Illinois Department of Revenue, Tribune analysis RYAN MARX AND KYLE BENTLE/CHICAGO TRIBUNE whose taxes are a source of Twitter @Jason Grotto
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Questions? Call 1-800-Tribune Sunday, June 11, 2017 Breaking news at chicagotribune.com
An unfair burden
County assessor’s office valued it at $164,640.
An unfair burden
County property tax system harmed poorer residents, helped the rich
By Jason Grotto | Chicago Tribune THE SERIES
Sunday Cook County
The problem lies with the fundamentally flawed way the
county assessor’s office values property.
Chicago has long been a city divided by race and class, a metropolis with starkly
different crime rates, economic realities and educational opportunities depending
on where
Tick threatyou high live.this summer, experts warn ANALYSIS
But there’s
By James Steinbauer
another division
2000, and each year since they
in Chicago and Cook
InCounty,
duel about one truth,that foradvantage years has
gone unexamined
and Leonor Vivanco
Chicago Tribune even with a as itstarlike
have noticed that the small
arachnid white, pits rich against poor. lies with Comey over Trump
spot on its posterior has ap-
WhenAn unprecedented analysis
Keith Clay became in- peared more frequently and by the Tribune reveals By Philipthat Bump for years the
If that seemscounty’s
familiar, it should.
terested in ticks almost 17 years moved farther north. The Washington Post It was precisely the strategy
property tax system
ago, the lone star tick couldn’t be
found in southern Indiana. are joining created
The lone star and other ticks
an unequal burden onWASHINGTON
a list of bloodsucking residents, handing
— There are the 2016hugecampaign, finan-
Trump and his team used during
fighting hard
Now, he says, it is the most bugs that scientists say are ex- two steps involved in President against Hillary Clinton until she
cial
common. breaks to homeowners who are well-off whileallegations
panding their ranges and
Clay, a professor of biology at potential to spread disease. The
their punishing
Donald Trump’s defense those who have the
of the was viewed as unfavorably
leveled against him by was and then squeaking past her
as he
least, particularly
mini-ecosystems Lymepeople disease and living
Indiana University in Blooming- blacklegged tick, which carries
ton, studies the the deadly in minority communities.
former FBI Director James in just enough places to win the
Comey. presidency.
of bacteria, viruses and other Powassan virus, has already tak- BRIAN CASSELLA/CHICAGO TRIBUNE The first is to make the question Here’s how this works in the
Thethat
microorganisms problem
ticks house. enlies with the
up residence
He and his team of students have spreading south from Wisconsin.
fundamentally flawedthe
in Illinois,
Blacklegged ticks — shown as way
a he-said,
larva, bottom, adult, left, and
thecontest
he-said countybetween assessor’s
two men. The second is to
case of Comey. office
During a news conference with
values
hour property.
collected ticks in the forests an
south of Indianapolis sinceTurn to Ticks, Page 9
adult after feeding — migrated
from Wisconsin into Illinois.
make himself seem more believ-
able. Turn to Truth, Page 26
The valuations are a crucial factor when it comes to calculating property tax bills,
aTOMburden
SKILLING’S
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But that’s not how it works in Cook County, where Assessor Joseph Berrios has
resisted reforms and ignored industry standards while his office churned out inac-
curate values. The result is a staggering pattern of inequality.
From North Lawndale and Little Village to Calumet City and Melrose Park, resi-
dents in working-class neighborhoods were more likely to receive property tax bills
that assumed their homes were worth more than their true market value, the Tri-
bune found.
Meanwhile, many living in the county’s wealthier and mostly white communi-
ties — including Winnetka, Glencoe, Lakeview and the Gold Coast — caught a break
because property taxes weren’t based on the full value of their homes.
As a result, people living in poorer areas tended to pay more in taxes as a percent-
age of their home’s value than residents in more affluent communities. Known as
the effective tax rate, the percentage should be roughly the same for everyone living
in a single taxing district.
But the Tribune’s analysis shows the rates became skewed in favor of wealthier
residents.
The assessor’s office says it does not check its own work for fairness and accu-
racy, as is standard practice for assessors around the world.
So the Tribune stepped in, compiling and analyzing more than 100 million prop-
erty tax records from the years 2003 through 2015, along with thousands of pages of
documents, then vetting the findings with top experts in the field. The process took
more than a year.
The conclusion: Residential assessments have been so far off the mark for so
many years that the credibility of the entire property tax system is in doubt.
Berrios, who took office in December 2010, declined to be interviewed for this
series. But through an interview in September with top aide Thomas Jaconetty, and
then in written statements in 2017, the office defended its assessments as fair and
accurate and said it strongly disagreed with the Tribune’s findings.
“The (Cook County assessor’s office) believes the valuation and uniformity opin-
ions formed by the Chicago Tribune are not sufficiently credible,” the office said in
a statement.
The latest powerful politician to hold his office, Berrios is chairman of the Cook
County Democratic Party and controls three active campaign funds where he’s
raised more than $5 million since 2009, more than half of which came from prop-
erty tax attorneys and the businesses associated with them. Among his strongest
allies: Illinois House Speaker Michael Madigan and Ald. Edward Burke, both prop-
erty tax lawyers who benefit from the county’s broken system.
It isn’t as if Berrios is unaware of the problems with his assessments. In July
2015, he boasted in a news release that his office had adopted new, state-of-the-art
computer models designed to improve accuracy and address persistent inequalities.
But the Tribune’s examination of the computer programs officials say they used
to value residential properties in 2015 shows Berrios continued to use the old, faulty
model.
“My understanding at the time of the press release was that they were going to
replace the old model with the new one,” said Robert Weissbourd, who led the team
that created the new model and was quoted in the release. “The new model was
technically, by every measure, more accurate, fair and transparent.
“If they are not taking advantage of it, that would be deeply troubling. There’s
millions of dollars at stake for the county’s poorest residents.”
In Chicago’s West Garfield Park neighborhood, Gail Bates knew there was some-
thing wrong with the county’s valuation practices as soon as she opened her first
mailing from the assessor.
12 Chicago Tribune | Section 1 | Sunday, June 11, 2017 B
An unfair burden
Tax burden hea
Lower-priced homes
likely to be overvalued
The Tribune compared actual home s
prices to the market values estimated
Cook County assessor’s office. The da
valuations from 2009 through 2015; A
Joseph Berrios took office in Decemb
OVERVALUED AND
UNDERVALUED
CENSUS TRACTS
Homes were:
Overvalued
by 10% or more
Overvalued
by less than 10%
Equal
valuation
Undervalued
by less than 10%
Undervalued
by 10% or more
40 1.25
30
20 1.0
10
Acceptable range
0.75
2003 2007 2011 2015 2003
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE SOURCES: Cook County assessor’s office, Cook Co
Widowed and living alone in a four-bedroom home near Melrose Park, Barbara Garner in 2010 downsized to this much smaller house. But her property tax bill was about the same. TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE
Widowed and living
to hold alone
Property tax, from Page 1his office, in a four-bedroom
Berrios is home near Melrose Park, Barbara Garner in 2010 downsized to this much
chairman of the Cook County d
smaller house. But her
Democratic
ing-class neighborhoods were
property
Melrose Park, residents in work-
Party and controls tax bill was about the same.
three active campaign funds
e
e
more likely to receive property tax where he’s raised more than $5 r
bills that assumed their homes million since 2009, more than half
were worth more than their true of which came from property tax a
A caseworker for the Illinois Department of Children and Family Services, Bates
market value, the Tribune found. attorneys and the businesses asso- o
Meanwhile, many living in the ciated with them. Among his m
county’s wealthier and mostly strongest allies: Illinois House a
white communities — including Speaker Michael Madigan and b
purchased her two-flat in 2009 for $119,000. According to state law and county or-
Winnetka, Glencoe, Lakeview and Ald. Edward Burke, both property r
the Gold Coast — caught a break tax lawyers who benefit from the
because property taxes weren’t county’s broken system. s
based on the full value of their It isn’t as if Berrios is unaware a
dinance, her property tax bill should be based on her home’s market value.
homes.
As a result, people living in
poorer areas tended to pay more
in taxes as a percentage of their
of the problems with his assess-
ments. In July 2015, he boasted in
a news release that his office had
adopted new, state-of-the-art
e
3
a
Yet that same year, the assessor valued the property at $210,500, and the office
home’s value than residents in
more affluent communities.
Known as the effective tax rate,
computer models designed to
improve accuracy and address
persistent inequalities.
e
3
s
Bates didn’t appeal in 2009 or in 2012, the year of the next triennial reassess-
shows the rates became skewed in shows Berrios continued to use w
favor of wealthier residents. the old, faulty model.
The assessor’s office says it does “My understanding at the time c
not check its own work for of the press release was that they u
ment. Finally, in 2015 she filed an appeal and won a 10 percent reduction.
fairness and accuracy, as is stand- were going to replace the old a
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE ANTONIO PEREZ/CHICAGO TRIBUNE
ard practice for assessors around model with the new one,” said Garner’s home, built just after World War II, is less than 800 square feet. “I blew a gasket,” Garner said of her Cook County Assessor Joseph Berrios controls three active campaign funds and has raised more than $5 I
the world. Robert Weissbourd, who led the tax bill. “I moved here to save money but instead I was paying the same amount in taxes.” million since 2009. More than half of it came from property tax attorneys and related businesses. s
So the Tribune stepped in, team that created the new model q
“Why does it have to be so unfair?” asked Bates. “We are the people who can least
compiling and analyzing more
than 100 million property tax
records from the years 2003
and was quoted in the release.
“The new model was technically,
by every measure, more accurate,
reassessment. Finally, in 2015 she
filed an appeal and won a 10
percent reduction.
many are done each year. When
the Tribune made an open-re-
cords request for documents de-
unequal system even less fair.
That’s because owners of high-
priced homes are far more likely
measure the accuracy and fairness
of their valuations.
“That’s insane,” said Peter
amount in taxes.”
Garner’s tax bill was higher
than she expected because the
which compare actual sale prices
to their estimates. Cook County
says it doesn’t do the studies,
w
afford it.”
through 2015, along with thou- fair and transparent. “Why does it have to be so tailing how the practice works, to appeal. Davis, an assessing expert who assessor overshot the price she relying instead on research con- d
sands of pages of documents, then “If they are not taking advan- unfair?” asked Bates. “We are the Berrios refused. The newspaper In defending the office, Jaco- helped write the standards for the paid for the house by a factor of ducted by the Illinois Department s
vetting the findings with top tage of it, that would be deeply people who can least afford it.” has filed suit, seeking to obtain the netty also noted that under International Association of As- two, the Tribune found. The of Revenue. But that research c
experts in the field. The process troubling. There’s millions of dol- In an interview last fall, Jaco- records through a court order. Berrios the county has sent out sessing Officers. “There’s no justi- county had valued the home at comes out years after property o
In an interview last fall, Jaconetty, the county’s deputy assessor for valuation and
took more than a year. lars at stake for the county’s netty, the county’s deputy assessor The assessor’s office also does property tax bills on time, which fication for not doing the studies. $164,640, just months before she taxes are calculated and doesn’t e
The conclusion: Residential as- poorest residents.” for valuation and appeals, dis- not use computer-based mapping hadn’t been the case for about 35 That’s how you find problems.” bought it for $75,000. provide granular details on indi- c
sessments have been so far off the In Chicago’s West Garfield Park missed the need for updated programs that are a common years. Because of this, officials say, In Chicago’s Lakeview neigh- vidual neighborhoods.
mark for so many years that the Deeply unfair
neighborhood, Gail Bates knew assessment models, arguing that feature in modern assessment local governments saved millions borhood, meanwhile, the assessor The Tribune checked the asses- w
appeals, dismissed the need for updated assessment models, arguing that home-
credibility of the entire property
tax system is in doubt.
Berrios, who took office in
December 2010, declined to be
there was something wrong with
the county’s valuation practices as
soon as she opened her first
mailing from the assessor.
homeowners would be relieved to
know that the assessor is not
solely relying on the “purity of
mathematics.”
systems and relies on an outdated
mainframe computer from the
early 1990s as it calculates esti-
mated values for 1.8 million prop-
in borrowing costs for loans used
to tide them over until property
taxes come in.
But that timeliness came as
Widowed and living alone in a
four-bedroom home near Melrose
Park, Barbara Garner decided in
estimated the value of a 2,600-
square-foot house at $787,000 in
2012. That is just over half the
price a couple paid for it the same
sor’s accuracy over 13 years, in-
cluding at the neighborhood level,
by obtaining data on more than 1.4
million sales since 2003 and
s
v
u
owners would be relieved to know that the assessor is not solely relying on the “pu-
interviewed for this series. But
through an interview in Septem-
ber with top aide Thomas Jaco-
A caseworker for the Illinois
Department of Children and Fam-
ily Services, Bates purchased her
“Would they be as concerned
about their assessments being
based purely on math and driven
erties in the county. Officials say
the county is updating its comput-
er system, but the process is
accuracy suffered.
Since 2009, the Tribune found,
Cook County’s assessments have
2010 to downsize.
She swapped her 2,000-square-
foot, two-story house — one of the
year. Five years later, the valuation
is still 30 percent short of the $1.4
million sale price, even though
matching them to assessment
records. Three assessment ex-
perts, including a former execu-
p
C
r
rity of mathematics.”
netty, and then in written state- two-flat in 2009 for $119,000. by equations? Or would they feel expected to take years. been so inaccurate they violated biggest in the area — for a nearby home values in the neighborhood tive director of the International d
ments in 2017, the office defended According to state law and county better knowing there was a hu- Jaconetty stressed that resi- standards set by the International single-story home built just after have soared. Association of Assessing Officers, C
its assessments as fair and accu- ordinance, her property tax bill man being involved?” he asked. dents who believe their property Association of Assessing Officers, World War II. Her new place is Accurately estimating a proper- vetted the Tribune’s analysis. s
rate and said it strongly disagreed should be based on her home’s That philosophy helps explain is overvalued have the option to a professional organization that smaller than 800 square feet. ty’s market value is crucial be- In its written statement, the
math and driven by equations? Or would they feel better knowing there was a hu-
the Chicago Tribune are not
sufficiently credible,” the office
said in a statement.
The latest powerful politician
timate its value for years after-
ward.
Bates didn’t appeal in 2009 or in
2012, the year of the next triennial
case basis.
Because the office doesn’t keep
statistics on hand checks, it’s
impossible to tell exactly how
Chicago’s Harris School of Public
Policy to study appeals filed by
homeowners, the paper found
that the process makes an already
was no simple task. But even in a
time of unprecedented upheaval,
the office says it did not run the
studies that assessors carry out to
more than $4,000 a year.
“I blew a gasket,” she said. “I
moved here to save money but
instead I was paying the same
into doubt.
To determine if assessments are
fair and accurate, assessors usu-
ally conduct sales ratio studies,
court of law. In fact, such studies
have been accepted as evidence in
court cases around the country for
decades.
a
c
i
s
Berrios is
ook County
and controls
paign funds
more than $5
ore than half
property tax
inesses asso-
Among his
nois House
Madigan and
oth property
efit from the
m.
s is unaware
h his assess-
he boasted in
his office had
e-of-the-art
designed to
and address
s.
examination
ograms offi-
d to value
es in 2015
nued to use
g at the time
was that they
ace the old TERRENCE ANTONIO
TERRENCE JAMES/CHICAGO
ANTONIO TRIBUNE
JAMES/CHICAGO TRIBUNE
w one,” said Garner’s home,
Garner’s home,built just
built after
just World
after WarWar
World II, is less
II, isthan
less800
thansquare feet. “I blew
800 square feet.a “I
gasket,”
blew aGarner saidGarner
gasket,” of her tax bill.of
said “I her
who led the moved
tax bill. here to save
“I moved money
here but instead
to save moneyI was
but paying
instead the samepaying
I was amount in taxes.”
the same amount in taxes.”
e new model
the release. reassessment. Finally, in 2015 she many are done each year. When unequal system even less fair.
s technically, filedBut
an when
appeal the
and Tribune
won a 10partneredthe Tribune with the an
made University
open-re- of Chicago’s
That’s becauseHarris
ownersSchool
of high-
ore accurate, of Public
percent Policy to study appeals
reduction. filed by
cords request for homeowners,
documents de- the pricedpaper
homesfoundare far that
more the
likely
“Why does it have to be so tailing how the practice works, to appeal.
aking advan- process
unfair?” makes
asked Bates.an
“We already
are the unequal systemThe
Berrios refused. even less fair. That’s
newspaper because
In defending theowners of
office, Jaco-
d be deeply high-priced
people homes
who can least affordare
it.”far more likely
has filed suit,to appeal.
seeking to obtain the netty also noted that under
llions of dol- In an interview last fall, Jaco- records through a court order. Berrios the county has sent out
he county’s netty,In
thedefending theassessor
county’s deputy office, Jaconetty also noted
The assessor’s that
office also under
does Berrios
property the on
tax bills county has
time, which
sent
for out property
valuation tax bills
and appeals, dis- onnottime, which hadn’t
use computer-based been the
mapping casebeen
hadn’t fortheabout
case 35 years.35
for about
Garfield Park missed the need for updated programs that are a common years. Because of this, officials say,
Bates knew Because of
assessment this,arguing
models, officials thatsay,feature
local governments saved millions in borrowing costs
in modern assessment local governments saved millions
wrong with for loans used
homeowners wouldto betide them
relieved to over until
systems andproperty
relies on antaxes comeinin.
outdated borrowing costs for loans used
n practices as know that the assessor is not mainframe computer from the to tide them over until property
ed her first
But that timeliness came as accuracy suffered.
solely relying on the “purity of early 1990s as it calculates esti- taxes come in.
ssor. Since 2009, the Tribune found,
mathematics.” Cook
mated values forCounty’s assessments
1.8 million prop- have
But that been socame
timeliness inac-as
the Illinois “Would they be as concerned erties in the county. Officials say accuracy suffered.
ren and Fam-
curate they violated standards set by the International Association
about their assessments being the county is updating its comput-
of Assessing Of-
Since 2009, the Tribune found,
urchased her ficers,
based a professional
purely organization
on math and driven that but
er system, develops guidelines
the process used
is Cook around
County’s the world.
assessments have
or $119,000. by equations? Or would they
Valuing property in the wake feel expected to take years. been so inaccurate
of the 2008 housing market collapse was no simple they violated
w and county better knowing there was a hu- Jaconetty stressed that resi- standards set by the International
erty tax bill task.
man Butinvolved?”
being even in he a time
asked.of unprecedented
dents who believe upheaval, the office
their property says itofdid
Association not run
Assessing the
Officers,
her home’s That philosophy helps explain is overvalued have the option to
studies that assessors carry out to measure the accuracy and fairness of their valu- a professional organization that
why the county appears to rely so appeal — and are encouraged to do develops guidelines used around
the assessor ations.on “hand checks,” a proc- so.
heavily the world.
at $210,500, ess in which property values are But when the Tribune
“That’s insane,” said Peter Davis, an assessing expert whoValuing part- helped property
writeinthe
the wake
stan-of
ued to overes- adjusted manually on a case-by- nered with the University of the 2008 housing market collapse
years after- dards
case for the International Association
basis. Chicago’s Harris ofSchool
Assessing Officers.
of Public was no “There’s
simple task.noBut
justifica-
even in a
Because the office doesn’t keep Policy to study
tion for not doing the studies. That’s how you find problems.” appeals filed by time of unprecedented upheaval,
in 2009 or in statistics on hand checks, it’s homeowners, the paper found the office says it did not run the
next triennial impossible to tell exactly how that the process makes an already studies that assessors carry out to
Deeply unfair
Widowed and living alone in a four-bedroom home near Melrose Park, Barbara
Garner decided in 2010 to downsize.
She swapped her 2,000-square-foot, two-story house — one of the biggest in the
area — for a nearby single-story home built just after World War II. Her new place
is smaller than 800 square feet.
So Garner was shocked when she learned her new tax bill would be nearly the
same amount she’d been paying for her old home, more than $4,000 a year.
“I blew a gasket,” she said. “I moved here to save money but instead I was paying
the same amount in taxes.”
Garner’s tax bill was higher than she expected because the assessor overshot the
price she paid for the house by a factor of two, the Tribune found. The county had
valued the home at $164,640, just months before she bought it for $75,000.
In Chicago’s Lakeview neighborhood, meanwhile, the assessor estimated the
value of a 2,600-square-foot house at $787,000 in 2012. That is just over half the
price a couple paid for it the same year. Five years later, the valuation is still 30 per-
cent short of the $1.4 million sale price, even though home values in the neighbor-
hood have soared.
Accurately estimating a property’s market value is crucial because that is the first
number that goes into calculating property taxes. If the estimate is faulty, the fair-
ness of the entire bill is thrown into doubt.
To determine if assessments are fair and accurate, assessors usually conduct sales
ratio studies, which compare actual sale prices to their estimates. Cook County says
it doesn’t do the studies, relying instead on research conducted by the Illinois De-
partment of Revenue. But that research comes out years after property taxes are
calculated and doesn’t provide granular details on individual neighborhoods.
The Tribune checked the assessor’s accuracy over 13 years, including at the
neighborhood level, by obtaining data on more than 1.4 million sales since 2003 and
matching them to assessment records. Three assessment experts, including a for-
mer executive director of the International Association of Assessing Officers, vetted
the Tribune’s analysis.
In its written statement, the assessor’s office contended that any privately con-
ducted sales ratio study is invalid because it would never be admitted into a court of
law. In fact, such studies have been accepted as evidence in court cases around the
country for decades.
No mass appraisal ever produces exact results, so assessing experts use statistical
tests to ensure that any errors fall within reasonable limits.
The most common measure of accuracy is called the coefficient of dispersion,
or COD. Assessment experts say the highest acceptable score is 15, which basically
means the average error rate was 15 percent.
Prior to 2009, Cook County had scores of around 15, the Tribune’s analysis found.
Since then, however, the scores have been as high as 31 in some townships, meaning
assessments were deeply unfair.
In Chicago, scores for the city’s eight townships ranged from 16 to 31 for the 2012
reassessment. The scores for the 2010 reassessment in the north suburbs and the
2011 reassessment in the south and west suburbs also exceeded the standard of 15,
sometimes by a wide margin.
“If you get CODs over 20, or certainly 30, it’s professionally unacceptable,” said
Richard Almy, a former executive director of the International Association of As-
sessing Officers. “It calls into question the credibility of the whole tax system.”
A high score means the system is riddled with errors, but it doesn’t say whether
the errors are skewed in a way that favors certain groups. That’s where two other
tests — price-related differential and price-related bias — come in.
The tests can help determine whether the property tax system suffers from re-
gressivity: the overvaluing of low-priced homes and undervaluing of high-priced
ones.
The Tribune found regressivity problems exploded in Cook County beginning in
2009, when regressivity scores exceeded industry standards for most of Chicago’s
townships. In 2012, the scores got even worse.
Comparing assessed values to actual sales also reveals inequities in the system.
In the township covering Chicago’s Northwest Side, for example, the 2012 median
assessment level was 10 percent higher than what is called for in county ordinances.
Tax burden heavier in poorer areas
Lower-priced homes
likely to be overvalued
The Tribune compared actual home sales
prices to the market values estimated by the
Cook County assessor’s office. The data cover
valuations from 2009 through 2015; Assessor
Joseph Berrios took office in December 2010.
OVERVALUED AND
UNDERVALUED
CENSUS TRACTS
Homes were:
Overvalued
by 10% or more
Overvalued
by less than 10%
Equal
valuation
Undervalued
by less than 10%
Undervalued
by 10% or more
30
0.15%
2003 2007 2011 2015 2003 2007 2011 2015 Median household income
ES/CHICAGO TRIBUNE SOURCES: Cook County assessor’s office, Cook County treasurer’s office, Illinois Department of Revenue, U.S. Census Bureau, Tribune analysis
RYAN MARX AND KYLE BENTLE/CHICAGO TRIBUNE
No mass
duces exact
experts use
ensure that a
reasonable li
The most
accuracy is c
of dispersio
ment exper
acceptable
basically mea
rate was 15 p
Prior to 20
scores of aro
analysis foun
er, the scores
31 in some
assessments
In Chicago
eight townsh
31 for the 20
scores for th
in the north
reassessmen
west suburb
standard of
wide margin
“If you ge
certainly 30
unacceptable
ANTONIO PEREZ/CHICAGO
ANTONIO TRIBUNE
PEREZ/CHICAGO TRIBUNE a former exe
CookCounty
Cook County Assessor
AssessorJoseph Berrios
Joseph controls
Berrios threethree
controls activeactive
campaign funds and
campaign has and
funds raised more
has thanmore
raised $5 million
thansince
$5 Internationa
2009. More than half of it came from property tax attorneys and related businesses.
million since 2009. More than half of it came from property tax attorneys and related businesses. sessing Offi
question the
measure the accuracythat
The township and fairness
includesamount Lincoln in taxes.”
Park, the Gold Coast whichand compare
downtown,actual sale prices
mean- whole tax sys
of their valuations. Garner’s tax bill was higher to their estimates. Cook County A high sco
while,
“That’swas nearlysaid
insane,” 20 percent
Peter than lowershe than it should
expected becausehavethe been.
says it doesn’t do the studies, is riddled
Davis,Areas
an assessing
of the expert
city who
where assessor
gentrificationovershot the
had price
taken she
hold relying instead on
saw values comeresearch con-
in low, doesn’t say w
helped write the standards for the paid for the house by a factor of ducted by the Illinois Department skewed in
while homes
International just outside
Association of As- thosetwo, neighborhoods
the Tribune found. were Themoreof likely
Revenue. to be
But overvalued.
that research certain group
sessing Officers. “There’s no justi- county had valued the home
Small apartment buildings in the trendy eastern parts of Humboldt Park and Logan at comes out years after property other tests —
fication for not doing the studies. $164,640, just months before she taxes are calculated and doesn’t ential and p
Square
That’s howwere
you findlikely to catch bought
problems.” a break while
it for many on the west
$75,000. providesides of the
granular neighbor-
details on indi- come in.
hoods got hammered. In Chicago’s Lakeview neigh- vidual neighborhoods. The tests
DeeplyBungalowsunfairin the far south borhood, meanwhile, the assessor
suburbs
estimated of Chicago
the value of a 2,600-
The Tribune checked the asses-
Heights, Lynwood
sor’s accuracy over and Ford
13 years, in-
whether the
suffers from
Widowed and living alone in a square-foot house at $787,000
Heights were far more likely to be overvalued while luxury homes in Wilmette and in cluding at the neighborhood level, valuing of lo
four-bedroom home near Melrose 2012. That is just over half the by obtaining data on more than 1.4 undervaluing
Winnetka
Park, Barbara were
Garnerundervalued,
decided in price some by as
a couple much
paid for it as
thehalf.
same million sales since 2003 and The Tribu
2010 The
to downsize. year. Five years
2015 reassessment for Chicago was slightly better later, the valuation matching
than inthem 2012,to asassessment
regres- problems e
She swapped her 2,000-square- is still 30 percent short of the $1.4 records. Three assessment ex- County begin
sivity
foot, for the
two-story houseentire
— onecity
of thefell million
to acceptable
sale price,levels. But theperts,
even though scores still failed
including to meet
a former execu- regressivity
biggest in the area — for a nearby home values in the neighborhood
professional standards in many townships, the Tribune found, and the county as a tive director of the International dustry stan
single-story home built just after have soared. Association of Assessing Officers, Chicago’s tow
whole
World War continued
II. Her new toplace
suffer is from severe regressivity.
Accurately estimating a proper- vetted the Tribune’s analysis. scores got ev
smaller than 800 square
Moreover, feet.
if condominiums ty’s market value is crucial
are excluded from the In its error
be- analysis, writtenrates
statement,
and re-the Comparin
So Garner was shocked when cause that is the first number that assessor’s office contended that actual sales a
gressivity
she learned herviolated standards
new tax bill would goes acrossintothe board inproperty
calculating 2015. The anyassessor’s office histori-
privately conducted sales ra- in the syste
becally
nearly the same amount she’d taxes. If the estimate is faulty,
has been better at valuing condos, the Tribune found. One former official the tio study is invalid because
saidit covering C
been paying for her old home, fairness of the entire bill is thrown would never be admitted into a Side, for exa
in athan
more court deposition
$4,000 a year. that the intovalue
doubt. of a condo was estimated court ofby law.tracking sales
In fact, such in
studies an assessme
“I blew
the same a gasket,”
building she—said. “I
a different Tomethod
determinethan if assessments
the flawed have been accepted
are computer models as evidence
used forin cent higher t
moved here to save money but fair and accurate, assessors usu- court cases around the country for in county or
single-family
instead I was paying homesthe and
samesmall ally apartment
conduct salesbuildings.
ratio studies, decades. ship that inc
The pattern of regressivity in Cook County meant that the tax burden — the fixed
amount of money that the county is going to collect — was being distributed ineq-
uitably as well.
By comparing sale prices to property tax bills, the Tribune and the University of
Chicago calculated the effective tax rate for Chicago and found it differed widely
by neighborhood between 2009 and 2015, even though the rate should have been
roughly the same for everyone.
For example, the average effective tax rate in North Lawndale and Little Village
was around 2 percent — about two times higher than in wealthier areas like the
Gold Coast and Lincoln Park.
The fix that wasn’t
The 2009 reassessment for the city of Chicago was so problematic that it was
clear something needed to be done.
The assessor’s office had overvalued some lower-priced homes by as much as
150 percent, the Tribune’s analysis shows. And complaints were pouring in, espe-
cially from neighborhoods where property values had collapsed in the aftermath of
the housing market crash.
James Houlihan, the assessor at the time, turned to outsiders for some help.
The MacArthur Foundation agreed to fund a grant for another nonprofit group,
LISC, to examine how foreclosures had affected housing prices. RW Ventures, a
consulting firm, was tapped by the nonprofit to oversee the project, and Weiss-
bourd, president of the firm, drafted U. of C. public policy professor Christopher
Berry to lead the technical aspects.
Berry and RW Ventures’ chief statistician, Michael He, discovered high rates of
regressivity in the system and delivered the findings to Houlihan, along with a pro-
posal to attempt to fix the problem.
“I was struck by the level of regressivity,” said Berry. “It wasn’t something I came
in expecting to see. We thought maybe we could do something about it.”
The following year, in 2010, MacArthur provided another grant to LISC so it
could hire RW Ventures and Berry to develop a new computer model for the county
that would accurately value homes and cut down on regressivity.
Regressivity is an inherent problem in mass-appraisal models because they rely
on averages. The models take certain characteristics of homes that sold and figure
out average values for each one — the price per bathroom, per square foot and so on.
Those values are then used to estimate market prices for everyone.
But there’s a lot of information the models don’t capture, such as remodeling,
and that can affect the market value. So, one house with two bedrooms and two
baths might sell for $300,000 and another with the same characteristics might go
for $100,000. The mass appraisal models would average the two, and the resulting
value of $200,000 would be too low for one house and too high for the other.
The housing market crash exacerbated the regressivity problem because the
models rely on the previous five years of sales. Sales prior to the crash had been
included in the models, driving up the assessor’s estimates for many properties, es-
pecially in poorer areas where values had collapsed.
After months of testing, Berry and the RW Ventures team settled on a novel ap-
proach: Divide properties used in the models into segments based on sale price —
high, medium or low — and compute values separately. That way, two houses with
similar characteristics but wildly different sale prices wouldn’t skew the estimates
for all homes.
“We really didn’t know when we first got into it how successful we would be,”
said Berry. “That’s why we tried so many different kinds of models.”
By 2010, Berry’s team was done with refinements and confident in what it had
developed. Studies conducted by the team found that its new model outperformed
the assessor’s old model on every measure.
One benefit was that the new model greatly decreased the number of “hand
checks” that would be required to fix obvious mistakes. Because no model is perfect,
assessors use hand checks to address outliers, values that are clearly wrong. Ex-
perts in assessments say hand checks should be kept to a minimum and any changes
should be thoroughly documented.
Before the new model could be implemented, however, Houlihan announced his
retirement. Berrios became the new assessor in December 2010.
For more than two decades, Berrios had been a member of the Cook County
Board of Review, an elected three-member panel that fields assessment appeals.
Weissbourd said that after Berrios assumed office, Weissbourd urged him to deploy
the new model.
Instead, Berrios waited.
Nearly a year later, in late 2011, MacArthur released another round of grant mon-
ey to develop a manual and training program for the assessor’s office. But not until
July 2013 — 2 1/2 years after the new model had been built — did Berrios allow
Weissbourd’s team to begin showing staff how to use it.
Another two years passed before Berrios issued a news release in July 2015 stat-
ing that he had “implemented a new state-of-the-art residential assessment model-
ing technique that assesses the value of homes in different price ranges to improve
accuracy.”
Among other things, the release stated that the new models improved accuracy
by 50 percent and cut down on regressivity by 25 percent. “The technique was de-
veloped to address ‘regressivity,’ which results in higher-priced homes being under-
assessed,” the news release said.
“We created new assessment models ensuring the fairest and most accurate as-
sessment possible,” Berrios was quoted as saying. “Good government is fair and its
information clear.”
MacArthur Foundation President Julia Stasch provided a quote for Berrios’ news
release that praised him for his “leadership and persistence in demanding a more
sophisticated assessment model.”
But the new model was never fully implemented. Stasch and the public never
knew.
In the dark
The creators of the MacArthur-funded computer program also were left in the
dark.
After analyzing the 2015 reassessment for city properties, the Tribune found that
the values weren’t as accurate or fair as would be expected if Berrios had used the
MacArthur-funded model. So the newspaper contacted Weissbourd and Berry in
the spring of 2016.
Both said they were under the impression that Berrios was using their work.
“We spent weeks training staff,” Berry said. “It just seemed unimaginable that
they wouldn’t have implemented the model.”
Making requests under the Freedom of Information Act, the Tribune obtained
the models that the assessor’s office said it used for the 2015 reassessment. A thor-
ough review of the computer code found few differences between those models and
the ones used previously.
So the newspaper asked the assessor’s office specifically for the new model, as
well as any results the office had produced from it.
The Tribune found that just 2 percent of those results matched the market val-
ues that the office sent to taxpayers.
Informed of the Tribune’s findings, Stasch of the MacArthur Foundation said in
a statement that she had expected that the new model would replace the old one.
“Increasing accuracy and equity of property tax assessments would benefit hun-
dreds of thousands of local homeowners,” she said, “particularly in low- and mid-
dle-income neighborhoods.”
In the September 2016 interview, Jaconetty told the Tribune the office used both
models but would not say how it reconciled the two. He also could not identify any
other jurisdiction in the country that uses two models or cite any studies conducted
by the office that justify the practice.
“This is not a situation where two models work better than one,” said Weiss-
System hits a breaking point
The accuracy of residential property valuations can be checked by dividing the asses-
sor’s estimated market values by the prices of homes that sold within the same year. The
resulting ratio should be close to 1. But in Cook County, the Tribune found, sales ratios
were low for years. Then, in 2009, they exploded all over the map.
BEFORE 2009: HOMES UNDERASSESSED
Prior to 2009, all sales ratios for residential properties were less than 1. The dashed line shows
how higher-priced homes tended to be more undervalued, but the effect was small.
Sales ratio study for Hyde Park Township, 2006
2.0
1.8
1.6
1.4
Sales ratio
1.2
Overvalued
1.0
Undervalued
0.8
0.6
0.4
0.2
0.0
$0 $100k $200k $300k $400k $500k $600k $700k $800k $900k $1M
1.8
1.6
1.4
Sales ratio
1.2
1.0
0.8
0.6
0.4
0.2
0.0
$0 $100k $200k $300k $400k $500k $600k $700k $800k $900k $1M
“That’s not what FOIA was meant for, to hide things from the citizens,” Cohen
said in court. “FOIA was meant to disclose and have total transparency of its elected
officials who work for the people.”
Berrios is appealing the ruling — at taxpayer expense. So the documents remain
secret.
‘I just can’t keep up’
Whether assessments are fair isn’t just a technical matter. The issue directly af-
fects the financial futures of people whose homes are their biggest investments and
whose taxes are a source of constant anxiety.
In July 2010, Kenyetta Braxton-Williams scraped together enough money to
make a down payment on a modest $82,000 yellow brick home in Calumet City.
Braxton-Williams, who earns $12 an hour working at a homeless shelter her
grandmother founded on the South Side, said her grandmother was adamant that
she buy a home and get settled.
“The word she used was stable,” said Braxton-Williams. “She just wanted the
best for me and my daughter.”
At first, Braxton-Williams said her payments — including mortgage and taxes —
were $600 per month, doable if she watched expenses.
Then she received her tax bill notice in 2011, stating that the assessor’s office had
valued her home at $147,550. That was almost double what she had paid for it.
“I love my house, but I know it’s not worth that much. And they know it’s not
worth that much,” she said. “In the six years I have lived here my payments have
gone from $600 a month, to $800, to $1,200 and now they are $982. I just can’t keep
up.”
In a written statement, the assessor’s office said its assessment was fair and ar-
gued that the 2010 sale was “plainly not an arms-length, fair-cash-value transac-
tion” because the home was purchased from the trust of a deceased person. How-
ever, the assessor’s own data show that the office treated it as a standard transaction,
even labeling it a “pure market” sale.
In 2012, Braxton-Williams decided to appeal her assessment and by extension
her $4,776 annual tax bill.
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE
Braxton-Williams bought the house for $82,000 in 2010. The following year, the assessor valued it at $147,550. “I love my
house, but I know it’s not worth that much,” she said.
County officials agreed to lower the market value on her home to $93,630, still
nearly 15 percent higher than the amount she paid for it.
Since then, officials have increased the estimated market value of the home to
$98,560.
“When I bought this house I had no idea what I was getting into,” she said. “My
credit is shot. I’m $17,000 in arrears, and now they keep threatening to take my
home. I love my home, and it’s not like I have anyplace else to go.”
Braxton-Williams said her struggle to pay her tax bills and mortgage has given
her a new sense of empathy in her job as intake coordinator at the homeless shelter,
A Little Bit of Heaven.
“There have been many times,” she said, “when I thought I might be in that same
situation.”
Methodology: How we
analyzed the tax system
By Jason Grotto were matched to sales that years, depending on where in
Chicago Tribune took place within the same tax the county a home is located.
year. To be as fair as possible, the
To report this story, the If the ratio of the assessor’s Tribune cited only the results
Tribune gathered more than estimated market value to the of sales ratio studies based on
100 million electronic property actual sales price is above 1, it calendar years in which trien-
tax records, including data on indicates the mass appraisal nial reassessments took place.
assessments, sales and tax bills. model overvalued a property, The Tribune also examined
The data covered tax years while a result below 1 means how results differed if condo-
2003 through 2015. the property was undervalued. miniums were excluded from
The newspaper used the For example, if the assessor the sales ratio studies.
data to conduct sales ratio estimated a value of $200,000 The assessor uses computer-
studies, which assessing offi- for a home that sold that same based regression models to
cers around the world use to year for $300,000, the ratio value single-family homes and
evaluate the accuracy and fair- would be about 0.7. A house small apartment buildings. But
ness of their valuations. valued at $300,000 that sold a former county official has
The steps for the studies are for $200,000 would have a testified that condominiums
straightforward. Sales ratio ratio of 1.5. were valued by tracking sales
studies are done by dividing The results of any mass prices within an individual
the assessor’s estimated mar- appraisal model are never per- building and prorating the pre-
ket value of properties that fect. So sales ratio studies also dicted value of other units.
have sold by the sales price. include measures of fairness The Tribune’s analysis was
The sale must have occurred and accuracy. reviewed by three assessment
within one year after the mass One of the most important experts who provided feed-
appraisal. statistics produced in the stud- back and suggestions on how to
The newspaper first queried ies is called the coefficient of improve it: Richard Almy
state property tax transfer data dispersion, or COD. The COD served as executive director of
for all sales of residential prop- the International Association
erties between 2003 and 2015. of Assessing Officers, a profes-
Residential properties include
single-family homes, condo-
The Tribune gath- sional organization that sets
assessment standards, between
miniums and apartment build- ered more than 100 1982 and 1990, and later served
ings with fewer than seven as an assessment consultant
units. Sales must be reported to million electronic and expert witness. Peter
the Illinois Department of Rev- Davis, the ratio study supervi-
enue because state and local property tax re- sor for the Kansas Department
governments levy a tax on
property transfers.
cords for tax years of Revenue, helped write sales
ratio study standards for the
The newspaper then elimi-
nated transactions where the
2003 through 2015. IAAO. Robert Denne is an
assessment consultant and for-
seller did not advertise that the mer director of research and
property was for sale and sales measures the distribution of technical services at the IAAO.
between relatives or other re- the ratios relative to the medi- “I would say the Tribune
lated parties, limiting the list to an and produces a score. A conducted a quite rigorous
what’s known as arm’s-length COD score over 15 means there study, following all of the prin-
sales. Foreclosures, auction is a large amount of variation, ciples and standards of the
sales, judicial sales and short which indicates a high degree IAAO,” said Almy, now retired.
sales also were tossed out. of random error in the assess- The Tribune also examined
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE Data obtained from the as- ments, or what assessors refer disparities in the system by
sessor’s office included the to as “horizontal” inequities. analyzing effective tax rates, or
market value and assessed val- Two other important mea- the percentage of a home’s
ue of each segment of a proper- sures used by assessing offices value that the owner pays in
Weissbourd said that assertion constant anxiety. ty. For example, each property — price-related differential, or taxes. To do this, the news-
was “a one hundred percent In July 2010, Kenyetta Braxton- has a land segment and a PRD, and price-related bias, or paper compared property tax
fabrication and really disturbing.” Williams scraped together building, or improvement, seg- PRB — focus on “vertical” bills with sales data between
“There was never any indica- enough money to make a down ment. Properties can also have inequities in a mass appraisal. 2009 and 2015.
tion they were unhappy with the payment on a modest $82,000 garages, additions, etc. Both tests look at whether Because the effective tax
new model — or not using it — yellow brick home in Calumet To determine the total value differences between ratios are rate should be about the same
until the Tribune informed us of City. the assessor’s office used to correlated with differences in for everyone in a single taxing
their comments, years later,” he Braxton-Williams, who earns assess each property, the news- price. For example, the PRB district, calculating and com-
said. $12 an hour working at a homeless paper summed those segments measures the percentage by paring the rates for communi-
Said Berry: “Our model sub- shelter her grandmother founded into one value, accounting which ratios fall or rise as ties within Chicago was
stantially improved uniformity, on the South Side, said her along the way for any special prices increase or decrease. straightforward. The city is the
and every other industry-standard grandmother was adamant that exemptions, such as the home If higher-priced homes are largest single taxing district in
metric, and we gave them the she buy a home and get settled. improvement exemption. undervalued and lower-priced the county.
analysis to show it.” “The word she used was stable,” The assessment data were homes overvalued, the assess- To fairly compare effective
The assessor’s 2015 news re- said Braxton-Williams. “She just then joined with the arm’s- ments are said to have a high tax rates across the county,
lease about the new model did not wanted the best for me and my length sales data using Proper- degree of regressivity. which encompasses numerous
mention any problems, instead daughter.” ty Identification Numbers, or Before running the statistics, taxing districts, the Tribune
touting improvements in accuracy At first, Braxton-Williams said PINs. Each property in the the newspaper trimmed outli- used the tiny fraction of prop-
and fairness. “The assessed values her payments — including mort- county, including condo units, ers — ratios that were ex- erty tax bills that funds Cook
produced by the model are more gage and taxes — were $600 per has a unique PIN, similar to a tremely high or low — to County government and the
reflective of what the homes’ real month, doable if she watched Social Security number. ensure they did not skew the Forest Preserves of Cook
market values are or what they expenses. Because assessments esti- results. County. Those are the only
would sell for,” it stated. Then she received her tax bill mate prices as of Jan. 1 of a In Cook County, properties taxing districts that cover the
Berry also said he pointed out to notice in 2011, stating that the given year, the assessor’s data are reassessed every three entire county.
the assessor’s office that the new assessor’s office had valued her
model’s more accurate valuations home at $147,550. That was almost
would have boosted the market double what she had paid for it.
value of some homes dramatically
— presenting a potential political
issue for Berrios.
“I love my house, but I know it’s
not worth that much. And they
know it’s not worth that much,”
Assessor rejects findings from
Tribune’s sales ratio studies
“I suggested that they may want she said. “In the six years I have
to phase in the new model, since it lived here my payments have gone
would significantly increase assess- from $600 a month, to $800, to
ments for high-priced homes,” $1,200 and now they are $982. I
Berry said. “But no one ever just can’t keep up.” For this series, the Tribune of varying opinions and no rejected by courts.
followed up with me about it.” In a written statement, the initially sought answers from valuation system is perfect but CCAO does point to the
How the county assessor calcu- assessor’s office said its assess- the Cook County assessor’s the Tribune’s opinions go far IDOR Sales Ratio Study to
lated its 2015 valuations remains ment was fair and argued that the office in the fall of 2016. beyond a reasonable range of show that our assessments are
unclear, even after the Tribune 2010 sale was “plainly not an Officials from the office an- what could be drawn from the far more accurate than the
examined the two models avail- arms-length, fair-cash-value swered questions in an inter- sales data it reviewed. In short, Tribune contends. This, how-
able to the assessor’s office. Very transaction” because the home view with the Tribune. Howev- we strongly disagree with the ever, is not the same as such
few of the dollar figures sent to was purchased from the trust of a er, Assessor Joseph Berrios did Tribune’s opinions. studies being admitted in court
taxpayers that year align with deceased person. However, the not participate. Some mathematic formulas as evidence of value based
either model. assessor’s own data show that the Then, in early May, Tribune and practices do not necessari- upon case law. Inadmissible in
Were adjustments made office treated it as a standard reporter Jason Grotto met with ly opine to real market trans- court = not appropriate in the
through hand checks or some transaction, even labeling it a Tom Shaer, deputy assessor for actions; CCAO believes the Tribune’s court of public opin-
other way? What methodology “pure market” sale. communications at the asses- Tribune’s practices and calcu- ion.
was used? In 2012, Braxton-Williams de- sor’s office, and went over the lations include those types of
The assessor’s office would not
say.
cided to appeal her assessment
and by extension her $4,776 annu-
facts the Tribune planned to
report. The office declined to
formulas and practices which
are not necessarily appropri-
Tribune’s response
In December, Cook County al tax bill. make any other official avail- ate. Mr. Grotto is an accom- The newspaper’s sales ratio
Associate Judge Neil H. Cohen County officials agreed to lower able for an interview. plished journalist but not an study involved standard stat-
ordered the assessor’s office to the market value on her home to A week and a half later, the assessment professional nor, istical calculations used by as-
provide the Tribune with docu- $93,630, still nearly 15 percent assessor’s office emailed a re- likely, are any of the other sessing experts around the
ments related to its methods for higher than the amount she paid sponse that erroneously as- journalists of the Chicago Trib- world. The study was vetted by
valuing property, including hand for it. sumed the Tribune arrived at une. top experts in the field, who
checks. The newspaper had filed Since then, officials have in- its findings by running com- With all due respect, the said it was rigorous and fair.
suit under the Freedom of Infor- creased the estimated market val- puter programs used to value Chicago Tribune is dismissing Studies by the Illinois De-
mation Act after the assessor’s ue of the home to $98,560. property. In fact, it’s not pos- CCAO assessments by creating partment of Revenue, or IDOR,
office denied its request, contend- “When I bought this house I sible to draw the conclusions its own sales ratio study despite have also found regressivity
ing that the public wasn’t allowed had no idea what I was getting outlined in the stories from court decisions disallowing and high error rates in Cook
to see how its process works. into,” she said. “My credit is shot. such programs. Rather, the even the IDOR sales ratio study County.
“That’s not what FOIA was I’m $17,000 in arrears, and now newspaper conducted sales ra- to be admitted into evidence in When reporting market val-
meant for, to hide things from the they keep threatening to take my tio studies. property tax litigation that ues, the Tribune relied on
citizens,” Cohen said in court. home. I love my home, and it’s not Informed of the error, the spans decades. actual sales. The stories do not
“FOIA was meant to disclose and like I have anyplace else to go.” assessor’s office (CCAO) sent The Tribune’s sales ratio use statistical formulas to esti-
have total transparency of its Braxton-Williams said her an amended response. Below is study cannot be relied on for mate market value.
elected officials who work for the struggle to pay her tax bills and the section that most directly value. Separate from CCAO’s The lawsuits referred to by
people.” mortgage has given her a new addresses the Tribune’s find- beliefs, not to be dismissed are the assessor’s office involve
Berrios is appealing the ruling sense of empathy in her job as ings, followed by the Tribune’s those court decisions because specific properties and tax
— at taxpayer expense. So the intake coordinator at the home- response. they established that IDOR years, and do not speak to a
documents remain secret. less shelter, A Little Bit of Heaven. sales ratio studies are not broad evaluation of the coun-
“There have been many times,” Assessor’s response admissible from plaintiffs chal- ty’s assessment practices.
‘I just can’t keep up’ she said, “when I thought I might
be in that same situation.” CCAO believes the valuation
lenging valuation. Thus, it is
fair to say, sales ratio studies by
No state law bars sales ratio
studies from being admitted
Whether assessments are fair and uniformity opinions private citizens such as Mr. into evidence, and such studies
isn’t just a technical matter. The John Chase and David Kidwell formed by the Chicago Tribune Grotto, who are not licensed have been admitted into evi-
issue directly affects the financial contributed. are not sufficiently credible. appraisers or other assessment dence in many cases around
futures of people whose homes Fair property assessment is full professionals, would also be the country for decades.
are their biggest investments and jgrotto@chicagotribune.com
whose taxes are a source of Twitter @Jason Grotto
Sunday, June 11, 2017
http://apps.chicagotribune.com/news/watchdog/cook-county-property-tax-di-
vide/study.html
To report this story, the Tribune gathered more than 100 million electronic prop-
erty tax records, including data on assessments, sales and tax bills. The data covered
tax years 2003 through 2015.
The newspaper used the data to conduct sales ratio studies, which assessing of-
ficers around the world use to evaluate the accuracy and fairness of their valuations.
The steps for the studies are straightforward. Sales ratio studies are done by di-
viding the assessor’s estimated market value of properties that have sold by the sales
price. The sale must have occurred within one year after the mass appraisal.
The newspaper first queried state property tax transfer data for all sales of resi-
dential properties between 2003 and 2015. Residential properties include single-
family homes, condominiums and apartment buildings with fewer than seven units.
Sales must be reported to the Illinois Department of Revenue because state and lo-
cal governments levy a tax on property transfers.
The newspaper then eliminated transactions where the seller did not advertise
that the property was for sale and sales between relatives or other related parties,
limiting the list to what’s known as arm’s-length sales. Foreclosures, auction sales,
judicial sales and short sales also were tossed out.
Data obtained from the assessor’s office included the market value and assessed
value of each segment of a property. For example, each property has a land segment
and a building, or improvement, segment. Properties can also have garages, addi-
tions, etc.
To determine the total value the assessor’s office used to assess each property,
the newspaper summed those segments into one value, accounting along the way
for any special exemptions, such as the home improvement exemption.
The assessment data were then joined with the arm’s-length sales data using
Property Identification Numbers, or PINs. Each property in the county, including
condo units, has a unique PIN, similar to a Social Security number.
Because assessments estimate prices as of Jan. 1 of a given year, the assessor’s
data were matched to sales that took place within the same tax year.
If the ratio of the assessor’s estimated market value to the actual sales price is
above 1, it indicates the mass appraisal model overvalued a property, while a result
below 1 means the property was undervalued.
For example, if the assessor estimated a value of $200,000 for a home that sold
that same year for $300,000, the ratio would be about 0.7. A house valued at $300,000
that sold for $200,000 would have a ratio of 1.5.
The results of any mass appraisal model are never perfect. So sales ratio studies
also include measures of fairness and accuracy.
One of the most important statistics produced in the studies is called the coef-
ficient of dispersion, or COD. The COD measures the distribution of the ratios rela-
tive to the median and produces a score. A COD score over 15 means there is a large
amount of variation, which indicates a high degree of random error in the assess-
ments, or what assessors refer to as “horizontal” inequities.
Two other important measures used by assessing offices — price-related differ-
ential, or PRD, and price-related bias, or PRB — focus on “vertical” inequities in a
mass appraisal. Both tests look at whether differences between ratios are correlated
with differences in price. For example, the PRB measures the percentage by which
ratios fall or rise as prices increase or decrease.
If higher-priced homes are undervalued and lower-priced homes overvalued,
the assessments are said to have a high degree of regressivity.
Before running the statistics, the newspaper trimmed outliers — ratios that were
extremely high or low — to ensure they did not skew the results.
In Cook County, properties are reassessed every three years, depending on where
in the county a home is located. To be as fair as possible, the Tribune cited only the
results of sales ratio studies based on calendar years in which triennial reassess-
ments took place.
The Tribune also examined how results differed if condominiums were exclud-
ed from the sales ratio studies.
The assessor uses computer-based regression models to value single-family
homes and small apartment buildings. But a former county official has testified that
condominiums were valued by tracking sales prices within an individual building
and prorating the predicted value of other units.
The Tribune’s analysis was reviewed by three assessment experts who provided
feedback and suggestions on how to improve it: Richard Almy served as executive
director of the International Association of Assessing Officers, a professional orga-
nization that sets assessment standards, between 1982 and 1990, and later served as
an assessment consultant and expert witness. Peter Davis, the ratio study supervi-
sor for the Kansas Department of Revenue, helped write sales ratio study standards
for the IAAO. Robert Denne is an assessment consultant and former director of re-
search and technical services at the IAAO.
“I would say the Tribune conducted a quite rigorous study, following all of the
principles and standards of the IAAO,” said Almy, now retired.
The Tribune also examined disparities in the system by analyzing effective tax
rates, or the percentage of a home’s value that the owner pays in taxes. To do this,
the newspaper compared property tax bills with sales data between 2009 and 2015.
Because the effective tax rate should be about the same for everyone in a single
taxing district, calculating and comparing the rates for communities within Chi-
cago was straightforward. The city is the largest single taxing district in the county.
To fairly compare effective tax rates across the county, which encompasses nu-
merous taxing districts, the Tribune used the tiny fraction of property tax bills that
funds Cook County government and the Forest Preserves of Cook County. Those
are the only taxing districts that cover the entire county.
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WASHINGTON — Presi-
dent Donald Trump is ex-
pected to roll back parts of
the historic Obama-era
opening with Cuba, siding
with hawks who oppose
detente and rejecting de-
mands from U.S. businesses
for whom the island is a ripe
potential market.
The decision follows an
inter-agency administration
review of one of President
Barack Obama’s signature
initiatives and would repre-
sent a throwback to policies
that date to the Cold War.
The review is believed to
have been completed some
time ago, with White House
officials waiting for the best
time to release it. Trump is
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE expected to announce the
Joan Clark, strained by property taxes in the overvalued North Lawndale neighborhood, worries she’ll lose her home on the block where she grew up. policy on Friday in Miami,
Appeals system
according to a person famil-
iar with the plan.
The move could dull a
boom in tourism by Ameri-
cans to Cuba and hurt a
burgeoning cottage indus-
try of private enterprise on
worsens inequality
the socialist-ruled island.
And it could allow Russia
and China to more easily
step in to fill the void.
Some Trump supporters
argue, however, that Presi-
dent Raul Castro has failed
to improve human rights or
expand political freedoms
Better-off homeowners more likely to challenge and does not deserve better
relations with the U.S.
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Monday, June 12, 2017
TRIBUNE WATCHDOG THE TAX DIVIDE
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By Tracy Wil
Washington Bureau
WASHINGTON
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Barack Obama
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that date to the C
The review is
have been comp
time ago, with W
officials waiting
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE time to release
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE
Joan Clark, strained by property taxes in the overvalued North Lawndale neighborhood, worries she’ll lose her home on expected to an
Joan Clark, strained by property taxes in the overvalued North Lawndale neighborhood, worries she’ll lose her home on the block where she grew up. policy on Frida
Appeals system
the block where she grew up. according to a p
iar with the plan
The move c
boom in tourism
TRIBUNE WATCHDOG | THE TAX DIVIDE cans to Cuba
burgeoning cot
Appeals system
try of private en
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And it could a
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step in to fill the
worsens inequality
Some Trump
argue, however,
dent Raul Castr
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reasons that he
By Jason Grotto | Chicago Tribune THE SERIES “Appeals are a good thing,” Thomas Jaco- the Cuba poli
Sunday Cook County netty, deputy assessor for valuation and spokesman Sean
Along the 2000 block of West Waveland
Avenue, large maple trees form a canopy over
By Jason Grotto
property taxes harmed
the poor, helped the rich
appeals, said in an interview. “The goal here is
fairness. We made the numbers. We can change
in a recent br
reporters. Yet
pristinely paved streets and sidewalks lined Monday The appeals them.” had a selectiv
with large homes. process makes assess- There’s just one problem with that argu-
Along the 2000 block of West Waveland Avenue, large maple trees form a cano-
North Center is one of Chicago’s most ments even less fair ment: The Tribune analyzed appeals filed by Turn to Cuba, Pa
desirable neighborhoods, and home prices on Tuesday An era of errors Cook County homeowners and found the
py over pristinely paved streets and sidewalks lined with large homes.
this block reflect it. In October 2014, one may have expensive con- process makes the property tax system less fair
2,000-square-foot single-family home sold for sequences for taxpayers — not more.
North Center is one of Chicago’s most desirable neighborhoods, and home prices
$1.1 million. Working with the Center for Municipal
British P
Months later, when the Cook County Read the whole series at Finance at the University of Chicago’s Harris
on this block reflect it. In October 2014, one 2,000-square-foot single-family home
assessor’s office sent out its estimate of the chicagotribune.com/ School of Public Policy, the Tribune examined position
home’s market value, the number matched taxdivide appeals on more than 2.7 million residential
sold for $1.1 million.
perfectly: $1.1 million. parcels and found that, in every year from 2009 ‘untenab
Still, the owners did what so many others do to 2015, the industry’s statistical measures of
Months later, when the Cook County assessor’s office sent out its estimate of the
each year in Cook County. They hired an
attorney to file an appeal and eventually won a reduction from
fairness got worse after the appeals process.
That inequity has placed a financial burden on those who can
As British Prime
Theresa May wo
home’s market value, the number matched perfectly: $1.1 million.
the Cook County Board of Review, shaving $302,000 off the least afford to pay more, the U. of C. study found. On average,
assessor’s estimated market value. even after appeals, people who own homes in the bottom 25
prop up her gov
her fellow Torie
Still, the owners did what so many others do each year in Cook County. They
Under current Assessor Joseph Berrios, the number of percent of values paid nearly $500 more a year in property taxes
residential appeals filed in Cook County has soared. In 2015 than they would have if the system were fair, the research shows.
grumbling that t
vative prime mi
hired an attorney to file an appeal and eventually won a reduction from the Cook
alone, residential property owners filed assessment appeals
involving 370,000 parcels, winning reductions 80 percent of the
The reason: Wealthier neighborhoods appealed at much not only bungled
paign but was p
County Board of Review, shaving $302,000 off the assessor’s estimated market val-
time. Turn to Property tax, Page 6 poorly in the da
surprising conc
ue. Nation & World
ly reported in this
une analysis found
unty’s assessments
ddled with errors.
chance to improve Beth McBride, center, attends a workshop in River Forest on the Cook County property tax appeals process. The assessor encourages appeals.
ax system by imple-
w computer model
igned to produce
e assessments and
ivity, or the tenden-
e low-priced homes
e high-priced ones.
d to do so — despite
release claiming he
current system in
ork well for some,
rt residents in al-
ng minority neigh-
ere the assessor’s
arly overvalued
owners ended up
oportionate share of
property taxes year
the appeals process
y the situation.
elton owns a small
on West Cullerton
h Lawndale, where
the block and the
n and patched. She
erson on her block
her assessment in
she won an $11,000
er home’s estimated
that wasn’t enough
the assessor’s initial
the Tribune found.
the property taxes
year represented
rcent of her home’s
rcentage, known as
ax rate, should be
same for all, but
about 60 percent
hat people living on
block paid, accord-
une’s analysis. ALYSSA POINTER/CHICAGO TRIBUNE
ALYSSA POINTER/CHICAGO TRIBUNE
ed out or muttered
assessor or to the Board of Review, an elected three-member panel charged with
reduction increased as well. Ap-
peals brought to the assessor or to
appeals.
“We would prefer that we get
“Appeals give all communities a Since then, Berrios has risen
into the upper echelons of Illinois
voice in the assessment process,
breath as officials ensuring assessments are fair, resulted in reductions on more than 292,000 parcels
the Board of Review, an elected the value right the first time, so and we reach out to them.” Democrats. A former state repre-
k County assessor’s three-member panel charged that taxpayers don’t have to go Despite its relatively low pro- sentative, he currently serves as
questions. Others in 2015.
with ensuring assessments are through the process of an appeal,” file, the position of Cook County chairman of the Cook County
The changes gave homeowners more than $224 million in tax savings, the most
ever, the Tribune estimated. Those tax dollars had to be paid by other property
owners.
Elsewhere in the country, many jurisdictions are loath to grant appeals, seeking
instead to defend their valuations. Some states, such as California, base assessments
on actual sales and adjust those values based on market trends, a system that results
in far fewer appeals.
“We would prefer that we get the value right the first time, so that taxpayers
don’t have to go through the process of an appeal,” said Carmen Chu, the assessor in
San Francisco, whose office handled about 4,995 appeals in 2015.
Not so in Cook County, where the assessor’s office actively encourages people to
appeal and provides various tools to make it easier, including a recently streamlined
appeals process.
In its written statement, the office said it was proud of the increase in appeals
and pointed out that most are filed without an attorney.
“These numbers represent the good our office does,” the statement quotes Ber-
rios as saying. “Appeals give all communities a voice in the assessment process, and
we reach out to them.”
Despite its relatively low profile, the position of Cook County assessor is among
ERIN HOOLEY/CHICAGO TRIBUNE
University of Chicago professor Christopher Berry, right, says the appeals system represents a “textbook example of
institutional racism.”
the most powerful offices in the state, closely affecting the interests of real estate
developers and investors, law firms and wealthy homeowners. Some of the state’s
most influential political families have been tied to the office or the industry of tax
attorneys that has grown up around it; Madigan, Burke, Hynes and Cullerton are
among the most prominent.
Berrios got his start in politics as a precinct worker for legendary Ald. Thomas
Keane, who was convicted in 1974 on federal mail-fraud and conspiracy charges.
Since then, Berrios has risen into the upper echelons of Illinois Democrats. A
former state representative, he currently serves as chairman of the Cook County
Democratic Party. In July, he joined Illinois House Speaker Michael Madigan at the
Democratic National Convention in Philadelphia, where they stood side by side as
Illinois delegates cast their votes.
Berrios controls three active campaign accounts where he’s raised more than $5
million since 2009, an unprecedented amount for an assessor. More than half of
it came from tax attorneys and related businesses, a Tribune analysis of campaign
data found.
In December 2015, for instance, state records show Berrios held a campaign
event at the Lux Bar, spending nearly $5,400 to host a party largely attended by tax
appeal lawyers. That same month, attorneys, appraisers and others tied to the in-
dustry contributed more than $79,000 to Berrios.
Under Berrios, the Tribune found, the assessor’s office is providing more reduc-
tions than ever before.
The Tribune examined appeals by year and tracked how many were granted and
by which county entity: the assessor’s office, the Board of Review or, in some cases,
both. In 2009, the year before Berrios was elected, 27 percent of successful appeals
included relief granted by the assessor. In 2015, it was 61 percent.
Jaconetty, who oversees assessments and appeals for Berrios, said in September
that the large number of appeals is a testament to the office’s record of “community
engagement” and argues the “human element” is essential to assessing property ac-
curately in such a complicated and diverse community.
Chicago Tribune | Section 1 | Monday, June 12, 2017 7
2003* 2004 2005 2006* 2007 2008 2009* 2010 2011 2012* 2013 2014 2015*
Note: Based on Property Identification Numbers (PINs)
SOURCES: Cook County assessor’s office, Illinois Department of Revenue, Tribune analysis KYLE BENTLE/CHICAGO TRIBUNE
“human element” is essential to reach events it holds in low- appeals process favors the wealthy
assessing property accurately in income communities. — many of whom have access to
such a complicated and diverse The office also questioned attorneys with inside knowledge
community. whether the home sales cited by of the arcane system.
When pressed on how he the Tribune were valid, arm’s- Before the home was built on
knows that appeals lead to better length transactions. the site of a tear-down property, it
valuations, however, Jaconetty But all of the Tribune’s exam- had been listed for sale in 2014 at
couldn’t point to any data or other ples meet standards set by the more than $2 million. The listing
evidence. International Association of As- offered 3,000 square feet of living
In partnering with the U. of C., sessing Officers for arm’s-length space, six bedrooms, three and a
the Tribune applied accepted in- sales. Among other things, the half bathrooms, vaulted ceilings,
/CHICAGO TRIBUNE dustry standards set out by the newspaper checked to make sure top-flight appliances and a fin-
International Association of As- that the homes were advertised ished basement.
sessing Officers to test Jaconetty’s for sale, that the transactions In March 2015, when the house
NANCY STONE/CHICAGO TRIBUNE
Cook County Deputy Assessor Thomas Jaconetty said appeals lead to fairer valuations but couldn’t point to any evi-
dence supporting that.
When pressed on how he knows that appeals lead to better valuations, however,
Jaconetty couldn’t point to any data or other evidence.
In partnering with the U. of C., the Tribune applied accepted industry standards
set out by the International Association of Assessing Officers to test Jaconetty’s
claim.
The analysis found that the assessor’s office violated standards on regressivity
every year between 2009 and 2015 — and that both measures got worse, not better,
after the appeal process. The poorest parts of the county were hurt, not helped, by
appeals.
One reason appeals failed to make the system more fair is that the owners of un-
dervalued homes often received reductions. The U. of C. found that appeals were
filed for more than half of the undervalued homes that sold between 2009 and 2015,
and a reduction was granted in nearly a quarter of those cases.
No way to win
Joan Clark moved to the 4000 block of West Cullerton Street in 1962, when she
was 3 years old. Like Shelton and a handful of others, she inherited her parents’
home after they died.
“We all grew up together on this block,” she said.
The small houses represent the bulk of their wealth, they told the Tribune, and
some of them are straining to pay their property taxes. Clark said she worries about
losing her home.
“I got a letter in the mail saying if you don’t pay on time, they can take your house,”
she said.
The Tribune’s analysis of assessments found that since 2009 the assessor’s of-
fice overvalued homes in this part of North Lawndale by about 40 percent. In fact,
a home six doors down from Clark’s — an exact replica of hers — sold in 2015 for
$75,000, but the assessor valued both properties that year at $105,250, 40 percent
higher.
Another identical home two doors down sold earlier this year for $53,000. The
assessor valued it at $133,080.
Like most people on her block, however, Clark has never appealed her property
tax assessment.
“I don’t know anything about it,” she said. “But we’ve all been talking about how
our homes are overtaxed.”
In its statement to the Tribune, the assessor’s office said it has significantly in-
creased the number of workshops and other outreach events it holds in low-income
communities.
The office also questioned whether the home sales cited by the Tribune were
valid, arm’s-length transactions.
But all of the Tribune’s examples meet standards set by the International Asso-
ciation of Assessing Officers for arm’s-length sales. Among other things, the news-
paper checked to make sure that the homes were advertised for sale, that the trans-
actions weren’t foreclosures or other types of distressed sales, and that the buyers
and sellers weren’t related.
Even when they appeal, homeowners in poorer areas can still end up paying too
much in property taxes because of the way appeals in Cook County are decided.
Comparing assessments to similar homes in the same neighborhood may work
if the assessor’s valuations are generally accurate. But that isn’t the case here, where
the assessment system has been both regressive and error-ridden for years.
For example, though Shelton won a reduction in 2015 by filing an appeal, the
assessor’s new valuation of $114,050 was still much higher than the $75,000 sales
price of the similar house right across the street.
At the same time, people whose homes were already undervalued often succeed-
ed in their appeals because similar homes in the same neighborhood were under-
valued even more.
The skewed valuations mean Clark and her neighbors paid more in taxes as a
percentage of their home’s value than those living in wealthy city neighborhoods
— even though the effective tax rate should be about the same for all residents in a
taxing district.
It’s a reality the homeowners on Cullerton Street have long suspected but felt
powerless to do anything about.
Clark said she called the assessor’s office in October to ask how she could lower
her tax bill but was told there was nothing she could do until the property is reas-
sessed in 2018. In fact, according to the county’s appeal schedule, Clark could have
appealed her tax bill through January 2017.
“They’re short and nasty when you call,” she said. “They’re not willing to do any-
thing to help us.”
The assessor’s office denied Clark’s allegation, saying they couldn’t find any evi-
dence that she had called.
New home, big break
Back on the 2000 block of West Waveland Avenue, a newly constructed luxury
home exemplifies another way in which the county’s appeals process favors the
wealthy — many of whom have access to attorneys with inside knowledge of the
arcane system.
Before the home was built on the site of a tear-down property, it had been listed
for sale in 2014 at more than $2 million. The listing offered 3,000 square feet of liv-
ing space, six bedrooms, three and a half bathrooms, vaulted ceilings, top-flight ap-
pliances and a finished basement.
In March 2015, when the house was nearly complete, the assessor’s office sent
out its estimate of the market value: $1.3 million.
Yet property tax attorney James Sarnoff, who had agreed to buy the home, filed
Appeals system worsens
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TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE
process
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE
Tasch, left, and Katie Rauh attend one of the dozens of workshops the Cook County assessor’s office holds yearly to or the
Joyce Tasch, left,
teach residents andfiling
about Katie Rauh attend
appeals. one
Wealthier of the dozens
homeowners of workshops
are much more likely the Cook County assessor’s office
to appeal. priced h
holds yearly to teach residents about filing appeals. Wealthier homeowners are much more likely to appeal. valuing
betwee
an appeal
Property tax,on May
from 8 onPage
Previous behalfrequested
of the developer. Andinthe
a field inspection hisassessor’s office
taxpayer in granted the
the city. To d
appeal, the assessor’s office did In 2016, the assessor’s office calculat
appeal
heat, later basement
a finished that year, anddecreasing
an not revisitits estimate
the property of the
before property’s
increasedvalue by about
the taxable value of30the dustry’s
percent, to $914,482.
enclosed porch. shaving $400,000 off its already Sarnoff property back to $1.3 sure o
The appeal included old build- low valuation. million. But Sarnoff appealed price-re
Sarnoffand
ing permits is undated
the sonpictures
of RobertThe M. assessor’s
Sarnoff,officea longtime
wrote in aproperty tax lawyer
again, arguing that the and for-
price per PRD —
mer
of assistanthome
a demolished state’s attorneystatement
but nothing in the real to estate division.
the Tribune that James
squareworks
foot wasatnot his father’s
uniform with appeals
showing what the house looked “there was no reason for another other properties in the area. U. of
lawatfirm,
like Sarnoff
the time & Baccash, field
of the appeal. which focuses
inspection, twoonmonths
propertyafter tax This
appeals.
time, the assessor denied Robert
InThe firm, which
a statement employs
to the Tribune, theeight
Marchattorneys, filed appeals
6, 2015 inspection.” covering
It the appeal. But more the Boardthanof student
Sarnoff said that it was a routine also stated: “It might be impos- Review granted it. That decision titled “T
81,000
appeal andresidential parcels
he didn’t receive spe- between 2003 and
sible to achieve 2015. Robert
100 percent M. Sarnoff
cer- reduced the home’s andmarkethis firmvalue ty Tax
have
cial donated $153,000 to campaign
treatment. fundsa structure
tainty as to when controlled was bytoBerrios,
$1.2 million.campaign data Equity
He said he moved into the inhabitable.” After the Tribune raised ques- Tribune
show.
home onJames and his
May 14. “Until the wife
date ofgave The
$8,000.
assessor’s office also said tions about the 2015 appeal, the analysis
our More
move, than a week
significant before
items of James
knowingSarnoff
the salefiled
pricethe of appeal, the developer
the assessor’s office sentexecuted
inspectors to arrived
work remained incomplete and, home would
a deed transferring ownership of the property to the James have
while largely complete, the house estimate of the market value.
affected its the B. Sarnoff Trustreported
house, where they
discovering an additional 1,300
and sions.
The
Leslie
was S.unfit
in fact Sarnoff Trust, records
for occupancy; for show.
“At any time, the homeowner square feet of living space in the sales ra
State transfer tax stamps show have
example, the house did not have could and price
the sale should was in- attic.
have $2.15 million. lated b
operable plumbing or safety rail- formed CCAO of the pending or The assessor said the new sor’s e
ingsInon appealing forand
the front steps, a reduction
most closed fromsale the assessor,
price,” James information
the statement Sarnoff argued has led to thean prop-
increase market
lighting
erty on fixtures
Waveland had not
should been be said.
treated“That as ainformation
vacant lot would
for in
part the
of estimated
the year market
because value
theof price
installed,” he wrote. have called for further analysis.” the home to $1.8 million. That is homes
home would
According to not be “completed
its website, the and
Had theoccupied
property beenuntil after
taxed at May 18, 2015.”
still $300,000 less than what the calenda
assessor’s office granted the ap- a value of $2.15 million over
For decades, the assessor’s office has routinely given massive reductions the Sarnoffs paid for it. to the ment ar
peal because of “the partial occu- full calendar year, the Sarnoffs If th
owners
pancy” of newly
of the home. constructedwould homes have based
paid theoncounty
a vague about provision
John Chasein theand Illinois
David prop-
Kidwell assesso
The key question under state $39,000 in taxes, the Tribune
erty tax code. The law says homeowners aren’t liable for newly constructed homes contributed to this report. erty; a
law, however, is not whether a estimated. Instead, they paid the pro
untilisthe
home dwellings
vacant are “inhabitable”
but whether but provides
it is around $17,000. no standard
The difference for determining when
jgrotto@chicagotribune.com
that threshold
inhabitable. is met.Sarnoff was spread among every other
And though Twitter @JasonGrotto
Records obtained from the assessor’s office show officials conducted a field in-
spection of the Waveland home in March, two months before Sarnoff filed the ap-
peal. The inspection noted that the exterior construction and roof were complete
and that the home had central air conditioning and heat, a finished basement and
BUY 1 WINDOW GET 1 WIN
an enclosed porch.
The appeal included old building permits and undated pictures of a demolished
home but nothing showing what the house looked like at the time of the appeal.
In a statement
We’re not todiscounting just some
the Tribune, Sarnoff said thatof
it was
oura routine appeal and he
didn’t receive special treatment.
windows; buy one window or patio door, and
get one window or patio door 40% off!1
› EVERY patio door
He said he moved into the home on May 14. “Until the date of our move, signifi-
cant items of work remained incomplete and, while largely complete, the house was
in fact unfit for occupancy; for example, the house did not have operable plumb-
ing or safety railings on the front steps, and most lighting fixtures had not been in-
stalled,” he wrote.
According to its website, the assessor’s office granted the appeal because of “the
partial occupancy” of the home.
The key question under state law, however, is not whether a home is vacant but
whether it is inhabitable. And though Sarnoff requested a field inspection in his ap-
peal, the assessor’s office did not revisit the property before shaving $400,000 off its
already low valuation.
The assessor’s office wrote in a statement to the Tribune that “there was no rea-
son for another field inspection, two months after the March 6, 2015 inspection.” It
also stated: “It might be impossible to achieve 100 percent certainty as to when a
structure was inhabitable.”
The assessor’s office also said knowing the sale price of the home would have af-
fected its estimate of the market value.
“At any time, the homeowner could have and should have informed CCAO of
the pending or closed sale price,” the statement said. “That information would have
called for further analysis.”
Had the property been taxed at a value of $2.15 million over the full calendar
year, the Sarnoffs would have paid the county about $39,000 in taxes, the Tribune
estimated. Instead, they paid around $17,000. The difference was spread among ev-
ery other taxpayer in the city.
In 2016, the assessor’s office increased the taxable value of the Sarnoff property
back to $1.3 million. But Sarnoff appealed again, arguing that the price per square
foot was not uniform with other properties in the area.
This time, the assessor denied the appeal. But the Board of Review granted it.
That decision reduced the home’s market value to $1.2 million.
After the Tribune raised questions about the 2015 appeal, the assessor’s office
sent inspectors to the house, where they reported discovering an additional 1,300
square feet of living space in the attic.
The assessor said the new information has led to an increase in the estimated
market value of the home to $1.8 million. That is still $300,000 less than what the
Sarnoffs paid for it.
Questions? Call 1-800-Tribune Tuesday, June 13, 2017 Breaking news at chicagotribune.com
WASHINGTON — After
weeks of political tumult,
Attorney General Jeff Ses-
sions will face some of his
former Senate colleagues
Tuesday to answer ques-
tions about his Russian con-
tacts, his role in firing FBI
Director James Comey and
whether he has fully
stepped aside from the Rus-
sia investigations.
Whatever the answers,
the latest Senate intelli-
gence committee hearing
will keep attention focused
on the Trump administra-
tion’s mounting legal and
political troubles amid a
JOSE M. OSORIO/CHICAGO TRIBUNE 2009 swirl of Russia-related
Homeowners may have thought they were getting a big tax break under former Cook County Assessor James Houlihan, but that was far from true. probes, difficulties that the
An era of errors
White House would much
prefer to move beyond.
Sessions, a former sen-
ator from Alabama, was one
of Trump’s earliest and
most vocal supporters dur-
ing the campaign last year.
He is expected to support
the president under oath
and to question Comey’s
How a bit of computer code fooled taxpayers, flouted legal requirements version of events, giving the
White House a chance to
By Jason Grotto were invisible to the average home- push back after days of
Chicago Tribune owner. harsh headlines.
The Tribune already has revealed Sessions asked to testify
For more than a decade, the Cook how the county’s assessment system after Comey’s dramatic ap-
County assessor’s office hid a secret under Joseph Berrios has been riddled pearance before the same
inside the massive computer programs with errors that punished the poor panel last Thursday. In it,
used to calculate property tax assess- while providing breaks to the wealthy. Comey cited Sessions sev-
ments for single-family homes. Now the investigation shows that eral times, including sug-
It didn’t look like much — just a few the assessor’s office knowingly pro- gesting that the FBI had
snippets of code amid thousands of duced inaccurate property assess- additional concerns about
lines — but it created erroneous ments during the long tenure of his the attorney general’s deal-
valuations for homes throughout the NANCY STONE/CHICAGO TRIBUNE predecessor, James Houlihan, and ings with Russian author-
county, affecting the tax bills sent to Facing reporters Monday, Assessor even as far back as the 1980s. ities during the 2016 cam-
more than 1 million residential proper- Joseph Berrios disputes Tribune Houlihan removed the snippets of paign.
ty owners every year. findings that property assessments code in 2009, a year before he left Comey also made clear
What the code did was deceptively are unfair to the poor. Page 5 office. But their existence reflects the he did not trust Sessions to
simple: It decreased every estimated assessor office’s long history of flouting keep the president from
home value in the county by about 40 THE SERIES legal requirements and operating out- meddling in the FBI investi-
percent, a troubling practice that Sunday Cook County property taxes side professional standards while gation into possible collu-
ignored legal requirements set out in harmed the poor, helped the rich keeping taxpayers in the dark about sion between the Trump
county ordinances. Monday The appeals process fundamental problems with assess- campaign and alleged Rus-
The artificially low values threw the makes assessments even less fair ments. It also exposes the far-reaching sian-backed hackers who
property tax system so far out of whack Today An era of errors may have consequences when a crucial county sought to influence last
that it may have violated provisions of expensive consequences for taxpayers agency is allowed to function with little year’s election, noting that
the state constitution. But, shrouded by oversight. he deliberately kept Ses-
an opaque and convoluted assessment Read the whole series at sions in the dark about
process, these widespread inaccuracies chicagotribune.com/taxdivide Turn to Property tax, Page 6 some of Trump’s com-
ments.
years. Chicago Sports mother grabbed a branch to Turn to Cutting, Page 5 Elizabeth Ralyea is one of thousands in Illinois who have been or are at risk of being cut.
Chicago Weather Center: Complete $1.99 city and suburbs, $2.50 elsewhere
Tom Skilling’s forecast High 93 Low 74
forecast on back page of A+E section 170th year No. 164 © Chicago Tribune
60TH ANNIVERSARY
An era of errors
Search: Watch: A video Interact: Talk with
Learn about guide to under- reporter Jason Grotto
assessments in standing your through Facebook Live
your area property tax bill on Tuesday at noon.
WASHINGTO
weeks of politi
Attorney Gener
sions will face s
former Senate
Tuesday to ans
tions about his R
tacts, his role in
Director James
whether he
stepped aside fro
sia investigations
Whatever th
the latest Sen
gence committ
will keep attenti
on the Trump
tion’s mounting
political trouble
JOSE M. OSORIO/CHICAGO
JOSE M. OSORIO/CHICAGO TRIBUNE
TRIBUNE 2009
2009 swirl of Russ
Homeowners
Homeowners maymay
have have thought
thought they
they were were
getting getting
a big a big
tax break tax
under break
former under
Cook former
County Cook
Assessor County
James Assessor
Houlihan, but thatJames
was farHoulihan,
from true. probes, difficult
AnAnera of errors
but that was far from true. White House w
prefer to move b
Sessions, a fo
ator from Alabam
TRIBUNE WATCHDOG | THE TAX DIVIDE of Trump’s ea
most vocal supp
era of errors
ing the campaig
He is expected
the president u
and to questio
How a bit of computer code fooled taxpayers, flouted legal requirements version of events
White House a
The computer
programs used under
Houlihan would have
decreased the home’s
value by 40 percent.
The severe undervaluing of both commercial and residential properties under James Houlihan ultimately increased the money homeowners paid to the Cook County treasurer’s office.
The severe undervaluing of both commercial and residential properties under James Houlihan ultimately increased the
Property tax, from Page 1
money homeowners Thepaid
40% trick
to the CookGap narrowed,
County but properties
treasurer’s office. still undervalued
The undervaluing of residential A former theologian turned When James Houlihan became assessor in 1997, the gap between the assessment levels for commercial and
properties, for instance, may have politician, Houlihan was hand- residential properties was wider than the state constitution allowed. His office addressed that issue by
given homeowners a false sense picked by Cook County Assessor driving down the level for commercial parcels.
that they were getting a huge Thomas Hynes as his successor.
ered the market value of each home, before the assessment level was applied.
assessed accurately during that Cook County was set at 16 percent.
time, homeowners would have This means that the total assessed 20%
paid less in property taxes, ac- value of all homes in the county
The Tribune figured this out by combing through thousands of lines of computer
cording to Tribune estimates. should have been equal to about 16 Legally required assessment level for residential properties
And the consequences contin- percent of their total market value.
ue to this day, with taxpayers But that was not the case. 10%
potentially paying the price in a Studies from the Illinois Depart-
code used to value residential properties during the Houlihan era.
different way. A prominent law
firm has filed lawsuits on behalf of
dozens of properties contending
ment of Revenue that compare
assessments to actual sale prices
show that at least as far back as
Residential in 2007:
9.04%
homes that sold in the prior three or five years and compute values for each one
The suits seek to claw back as the county had been much lower:
much as $100 million in tax less than 10 percent. use the last example, 16 percent of levels depending on their use. sor and state senator who pushed plaintiffs in the ongoing lawsuits. many people’s taxes, and that is
dollars, the Tribune estimated — How could that be happening $200,000 is $32,000. And that is Known as classification, the sys- to allow Cook County to continue Instead of opposing the rights of not what Houlihan chose to do.
— the value per bathroom, per square foot and so on. The models then use those
money that Chicago Public when homeowners’ tax bills roughly 10 percent of the home’s tem is meant to give homeowners using classification during the 1970 taxpayers, agencies of local gov- Instead, records show, the as-
Schools and other financially stated in black and white that market value. a break on taxes. state constitutional convention. ernment should work to remedy sessor’s office left the residential
struggling agencies and munici- their property was being assessed Applying this mathematical To shift more of the burden Robert Hynes was the brother of past discrimination and to ensure level where it was — at 10 percent
palities would have to repay. at 16 percent? wizardry to all of the county’s onto businesses, the assessment longtime assessor Hynes. And lead a future system that is equitable.” — and began taking measures that
values to estimate market prices for every home.
Houlihan, now a state lobbyist,
declined to be interviewed for this
story.
The answer lies with an earlier
step in the process, in which the
assessor’s office applied what’s
homes is what set the county’s de
facto assessment level at about 10
percent, in apparent violation of
level for residential properties has
always been lower than the levels
for commercial and industrial
attorney Mark Davis once headed
the tax division for the Cook
County state’s attorney’s office.
The foundation of the O’Keefe
suits is a study by their expert
witness, University of Illinois
reduced the levels for commercial
and industrial properties.
Over the next decade, the medi-
But in this case, snippets of code were tacked onto the end that dramatically de-
In 2008, Houlihan pushed
through sweeping changes to the
assessment system, saying they
known as an “adjustment factor.”
This adjustment purposefully
lowered the market value of each
the law.
Figuring out why or when this
practice started is difficult to
properties.
Still, the categories can’t be too
different. Under the state constitu-
Before joining the firm, Davis
helped write changes to the state’s
property tax code in a way that
economics professor Daniel
McMillen. He found that median
assessment levels for all classes of
an commercial and industrial as-
sessment levels in Cook County
fell by more than a third. In 2007
creased those estimates by about 40 percent. So for example, a home that was val-
would make the system more fair home, before the assessment level discern. But the man who built the tion, no one class of property can made it easier to challenge assess- property in Cook County were far the median level for commercial
and transparent. His office also was applied. computer models, John Horbas, be assessed at a level that exceeds ments in circuit court. Prior to the lower than county ordinances property was about 17 percent —
quietly removed the hidden calcu- The Tribune figured this out by has testified that an adjustment 2.5 times the level of any other. new law, taxpayers had to prove dictated at the time. less than half of what it was
of 16 percent. To use the last example, 16 percent of $200,000 is $32,000. And that is
of code had been taken out.
Complaints poured in, but
Houlihan never told the public
in the prior three or five years and
compute values for each one — the
value per bathroom, per square
When Houlihan inherited that
problem, he took on another one
as well.
State revenue department stud-
ies show that from at least 1994 to
2003, the median assessment level
and residential properties, arguing
that the assessor’s office trampled
state and federal constitutional
ently cited the same computer
code that the Tribune had identi-
fied as the cause of low residential
Commercial Assessment,” de-
tailed a significant drop in com-
mercial assessment levels be-
Applying this mathematical wizardry to all of the county’s homes is what set the
“It sounds like for years the But in this case, snippets of Property valuations in Cook percent median assessment level equal protection under the law. with deep knowledge of the prop- valued residential properties by
assessor’s office was shooting for a code were tacked onto the end County are handled differently for residential homes. Most of the suits are still being erty tax system would have under- examining records and formulas
target rather than using legitimate that dramatically decreased those from anywhere else in the state, Most taxpayers would never argued in county court. stood that the ongoing drastic obtained through a freedom of
methods to value property,” said estimates by about 40 percent. So thanks to a complicated system know any of this. But more than a The firm declined requests for undervaluation of residential information request, but Berrios
county’s de facto assessment level at about 10 percent, in apparent violation of the
Ralph Martire, executive director
of the Center for Tax and Budget
Accountability. “If your property
for example, a home that was
valued at $326,530 would be
reduced to about $200,000.
that makes it difficult for most
taxpayers to fully understand how
their taxes are calculated.
decade ago, some influential law-
yers started suing.
The law firm of O’Keefe, Lyons
an interview but issued a state-
ment to the Tribune: “Discrimi-
natory assessments and opaque
homes left the county vulnerable
to legal challenges.
One way to fix that problem
has declined to release similar
information about how commer-
cial and industrial properties are
law.
tax system is not properly run, it
has a ripple effect that impacts
every level of government.”
The county then multiplied
that new, lower value by the legal
assessment level of 16 percent. To
Unlike the other 101 counties in
Illinois, Cook County assesses the
value of property at different
& Hynes was well positioned to
know what was wrong. Thomas
Lyons was a former deputy asses-
methodologies destroy the fair-
ness of the property tax system for
all taxpayers — not just the
would have been to raise residen-
tial assessments to legal levels.
But that would have increased
assessed. He argues that the of-
fice’s valuations are a deliberative
process protected under the Free-
Figuring out why or when this practice started is difficult to discern. But the man
who built the computer models, John Horbas, has testified that an adjustment fac-
tor was part of the valuation process for more than a decade before Houlihan took
office.
“I know for sure from 1984 on there was an adjustment factor,” Horbas said in an
October 2015 deposition.
When Houlihan inherited that problem, he took on another one as well.
Constitutional crisis
Property valuations in Cook County are handled differently from anywhere else
in the state, thanks to a complicated system that makes it difficult for most taxpay-
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE PHOTOS
al properties under James Houlihan ultimately increased the money homeowners paid to the Cook County treasurer’s office.
in the county
ual to about 16 Legally required assessment level for residential properties
market value.
not the case. 10%
inois Depart-
that compare Residential in 2007:
al sale prices 9.04%
as far back as
ar of available
n assessment 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007
n much lower:
use the last example, 16 percent of levels depending on their use. sor and state senator who pushed
be happening ers to fully
$200,000 understand
is $32,000. And that how
is their
Knowntaxes are calculated.
as classification, the sys- to allow Cook County to continue
rs’ tax bills roughly 10 percent of the home’s tem is meant to give homeowners using classification during the 1970
d white that Unlike
market value.the other 101 counties inon
a break Illinois,
taxes. Cook County assesses the valueconvention.
state constitutional of prop-
being assessed erty at different
Applying levels depending
this mathematical on their
To shift more use.
of theKnown
burden asRobert
classification,
Hynes was the thebrother
system of
wizardry to all of the county’s onto businesses, the assessment longtime assessor Hynes. And lead
with an earlier is meant
homes to give
is what set thehomeowners a break
county’s de level on taxes.
for residential properties has attorney Mark Davis once headed
in which the factoTo shift more
assessment ofabout
level at the 10burden
alwaysontobeenbusinesses,
lower than thethe levelsassessment level for
the tax division for residen-
the Cook
pplied what’s percent, in apparent violation of for commercial and industrial County state’s attorney’s office.
tment factor.” tiallaw.
the properties has always been lower than the levels for commercial
properties. Before joining andtheindustrial
firm, Davis
purposefully properties.
Figuring out why or when this Still, the categories can’t be too helped write changes to the state’s
value of each practice started is difficult to different. Under the state constitu- property tax code in a way that
essment level Still,Butthe
discern. the categories
man who builtcan’t be too
the tion, no onedifferent. Undercan
class of property the made
stateitconstitution,
easier to challenge noassess-
one
class of property
computer models, John can be assessed
Horbas, at aatlevel
be assessed a levelthat exceedsments
that exceeds 2.5 times the
in circuit level
court. Prioroftoany
the
red this out by has testified that an adjustment 2.5 times the level of any other. new law, taxpayers had to prove
thousands of other.was part of the valuation
factor On the surface, Cook County their assessments were so faulty as
code used to On the surface, Cook Countythat
process for more than a decade met metstandard
that standard
under HoulihanundertoHoulihan
suggest the and Hynes.
assessor targeted
operties dur- before Houlihan took office. and Hynes. them specifically, an impractically
a. “IThe
knowreality,
for sure however,
from 1984 on was different
The reality, — thanks
however, wasto the county’s
differ- high burden practice
of proof. of under-
nown as he- valuing residential properties.
there was an adjustment factor,” ent — thanks to the county’s Since 2000, O’Keefe, Lyons &
models, take Horbas said in an October 2015 practice of undervaluing residen- Hynes has filed suits involving
mes that sold State revenue departmenttialstudies
deposition. properties.show that from at least dozens 1994 to 2003, the
of commercial, me-
industrial
five years and dian
When assessment level for
Houlihan inherited thatcommercial
State revenueproperties
department instud-
Cook andCounty wasproperties,
residential more than 2.5
arguing
ach one — the problem, he took on another one ies show that from at least 1994 to that the assessor’s office trampled
m, per square times
as well. greater than the roughly 2003,10thepercent median level
median assessment assessment
state and level for residential
federal constitutional
models then homes. for commercial properties in provisions between 2000 and
estimate mar-
home.
Constitutional
Most taxpayerscrisis would never
Cook County was more than 2.5 2008 — not just the 2.5 rule, but
timesknow
greateranythanofthe
this. But10
roughly more than
also a decade
provisions thatago, some
guarantee
, snippets of influential lawyers in
Property valuations started
Cook suing.
percent median assessment level equal protection under the law.
onto the end County are handled differently for residential homes. Most of the suits are still being
creased those fromThe law firm
anywhere of the
else in O’Keefe,
state, Lyons
Most & Hynes was
taxpayers wouldwell positioned
never to know
argued in county what was
court.
40 percent. So wrong. Thomas Lyons was a former deputy assessor and state senator who
thanks to a complicated system know any of this. But more than a The firm declined pushed
requests for
me that was that makes it difficult for most decade ago, some influential law- an interview but issued a state-
0 would be to allowtoCook
taxpayers Countyhow
fully understand to continue
yers started using
suing.classification during ment to the 1970 state
the Tribune: con-
“Discrimi-
00,000. stitutional
their taxes areconvention.
calculated. RobertTheHynes wasofthe
law firm brother
O’Keefe, Lyons ofnatory
longtime assessor
assessments andHynes.
opaque
n multiplied Unlike the other 101 counties in & Hynes was well positioned to methodologies destroy the fair-
ue by the legal And lead
Illinois, Cookattorney MarktheDavis
County assesses know once
whatheaded
was wrong. theThomas
tax division
ness offor the Cook
the property County
tax system for
16 percent. To state’sofattorney’s
value property atoffice.different Lyons was a former deputy asses- all taxpayers — not just the
Before joining the firm, Davis helped write changes to the state’s property tax
code in a way that made it easier to challenge assessments in circuit court. Prior to
the new law, taxpayers had to prove their assessments were so faulty as to suggest
the assessor targeted them specifically, an impractically high burden of proof.
Since 2000, O’Keefe, Lyons & Hynes has filed suits involving dozens of commer-
cial, industrial and residential properties, arguing that the assessor’s office trampled
state and federal constitutional provisions between 2000 and 2008 — not just the
home, even though the assessor’s office undervalued it. These systematic undervaluation
ended in 2009. But the Tribune has uncovered new disparities in the system since then, on
that punish the poor while giving the wealthy a break.
SOURCES: Cook County assessor’s office, Cook County treasurer’s office, Cook County clerk’s office, Tribune reporting
JONATHON BERLIN AND JEMAL R. BRI
trial properti
valued more
All that
that, in 2008
shaved tens
from the tot
the county, th
The result w
of problems t
burden for
owners.
The reason
in property ta
and the tax r
The mult
provision in
that the tota
property in
sessed at 331
revenue depa
sessments to
whether cou
ber.
If the ass
than 331⁄3 p
plies a mult
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE “equalization
Under JosephBerrios,
Under Joseph Berrios,
whowho became
became assessor
assessor in 2010,
in 2010, property
property assessments
assessments have beenhave beenby
plagued plagued by have
errors and errors and
sys- sessed value
have systematically
tematically hurt homeowners
hurt homeowners living
living in poorer in to
areas poorer areasof
the benefit tothose
the benefit
in more of thoseones.
affluent in more affluent ones. the county t
statutory leve
plaintiffs in the ongoing lawsuits. many people’s taxes, and that is dom of Information Act. the equalized
2.5 rule,
Instead but alsothe
of opposing provisions
rights of that guarantee
not what Houlihanequal
chose toprotection
do. Inunder
response, thethelaw. Most
Tribune ofa
filed payers can
taxpayers, agencies of local gov-
the suits are still being argued in county court. Instead, records show, the as- lawsuit and won a ruling in its spelled out o
ernment should work to remedy sessor’s office left the residential favor from Cook County Circuit In nearly e
pastThe firm declined
discrimination requests
and to ensure levelfor an itinterview
where was — at 10 butpercentissued a statement
Court Judge Neil to H. the Tri-“I
Cohen. Illinois, the
abune:
future “Discriminatory
system that is equitable.” assessments and opaque methodologies destroy the fairnessif
— and began taking measures that think it leads to an absurd result around 1. Bu
The foundation of the O’Keefe reduced the levels for commercial anyone were to accept this argu- sor’s office w
of the
suits is property
a study by tax theirsystem
expert forandall taxpayers
industrial — not just thement.
properties. plaintiffs
I think init’s the ongoing
actually a viola- across Cook
witness, University of Illinois Over the next decade, the
lawsuits. Instead of opposing the rights of taxpayers, agencies of local governmentmedi- tion of trust that the public er for Cook in
economics professor Daniel an commercial and industrial as- officials are given by the people,” Depressin
should work
McMillen. He found to remedy
that median pastsessment
discrimination
levels in Cook and County
to ensure a future
Cohen system that is
said in court. also can incr
assessment
equitable.” levels for all classes of fell by more than a third. In 2007, Despite Cohen’s sharp rebuke, are derived
property in Cook County were far the median level for commercial the assessor’s office is appealing district’s tota
lowerThe foundation
than of the O’Keefe
county ordinances property suits
wasisabout
a study by their
17 percent — expert witness,
that decision, University
at taxpayer expense. value into th
dictated
of Illinoisat the time.
economics professor lessDaniel
than half of what He
McMillen. it was
found thatThe median
lower assessments
assessment for amount of m
Many findings in the McMillen supposed to be, according to state commercial and industrial prop- ernment uni
levelsmirror
study for allthose classes
from the ofTrib-
property in Cook County were farerties
studies. lower than
solved county for
a problem ordi-the operate.
nances dictated at the time.
une’s analysis as well as from Internal studies unearthed in assessor’s office — the county was In Cook
studies conducted by the state the O’Keefe lawsuits show the no longer valuing one category at a multiplier a
Many findings
Department of Revenue. in theIn McMillen
an assessor’s study
officemirror thosethe
knew about fromlevel
themore
Tribune’s
than 2.5analysis as
times higher were applied
well as from studies conducted by the state Department of Revenue. In an affidavit
affidavit filed in September, for low valuations. One report, titled than another. because com
instance, McMillen independ- “The Effects of the Decline in But the changes meant many trial properti
filed cited
ently in September,
the same computer for instance, McMillen
Commercial independently
Assessment,” cited the same
de- homeowners computer
were paying more in more than r
codethat
code thatthethe Tribune
Tribune had identified
had identi- as the cause
tailed a significant drop inofcom-low residential
taxes. assessments. homeowners
fied as the cause of low residential mercial assessment levels be- bigger share.
When Houlihan took charge tween of theandassessor’s office in 1997, those with deep
assessments. 2003 2004. Paying the price The owne
knowledge
When Houlihan of the property
took charge of tax The system
Tribunewould
was ablehaveto ana- understood that the ongoing in Chicago t
the assessor’s office in 1997, those lyze how the assessor’s office To gauge the impact of the at $200,000
drastic
with deepundervaluation
knowledge of the prop- of residential homes properties
valued residential left the county vulnerable
by county’s to legal
questionable chal-
practices on paid about $
lenges.
erty tax system would have under- examining records and formulas property owners’ pocketbooks, property had
stood that the ongoing drastic obtained through a freedom of the Tribune studied the 2008 tax rately, the T
One way tooffixresidential
undervaluation that problem would have
information been
request, but to raise residential
Berrios year. assessments to towns wher
legal levels.
homes left the county vulnerable has declined to release similar That year, homeowners’ prop- higher tha
to legal challenges. information about how commer- erties were still being dramatically amounts wo
Butway
One thatto would
fix that have
problem increased
cial andmany people’s
industrial taxes,
properties are and that is not
undervalued, at 10what Houli-
percent. The larger.
han chose
would have been to do.to raise residen- assessed. He argues that the of- tricky snippet of computer code — In fact, an
tial assessments to legal levels. fice’s valuations are a deliberative the adjustment factor — was still closed in
Instead,
But that would records show, theprocess
have increased assessor’s
protectedoffice
underleft
thethe
Free- residential level where
in place. Commercial it indus-
and was O’Keefe laws
— at 10 percent — and began taking measures that reduced the levels for commer-
cial and industrial properties.
Over the next decade, the median commercial and industrial assessment levels
in Cook County fell by more than a third. In 2007, the median level for commercial
property was about 17 percent — less than half of what it was supposed to be, ac-
cording to state studies.
Internal studies unearthed in the O’Keefe lawsuits show the assessor’s office
knew about the low valuations. One report, titled “The Effects of the Decline in
Commercial Assessment,” detailed a significant drop in commercial assessment
levels between 2003 and 2004.
The Tribune was able to analyze how the assessor’s office valued residential
properties by examining records and formulas obtained through a freedom of infor-
mation request, but Berrios has declined to release similar information about how
commercial and industrial properties are assessed. He argues that the office’s valu-
ations are a deliberative process protected under the Freedom of Information Act.
In response, the Tribune filed a lawsuit and won a ruling in its favor from Cook
County Circuit Court Judge Neil H. Cohen. “I think it leads to an absurd result if
anyone were to accept this argument. I think it’s actually a violation of trust that the
public officials are given by the people,” Cohen said in court.
Despite Cohen’s sharp rebuke, the assessor’s office is appealing that decision, at
taxpayer expense.
The lower assessments for commercial and industrial properties solved a prob-
lem for the assessor’s office — the county was no longer valuing one category at a
level more than 2.5 times higher than another.
But the changes meant many homeowners were paying more in taxes.
Paying the price
To gauge the impact of the county’s questionable practices on property owners’
pocketbooks, the Tribune studied the 2008 tax year.
That year, homeowners’ properties were still being dramatically undervalued, at
10 percent. The tricky snippet of computer code — the adjustment factor — was still
in place. Commercial and industrial properties were being undervalued more than
ever.
All that undervaluing meant that, in 2008, the assessor’s office shaved tens of bil-
lions of dollars from the total assessed value of the county, the Tribune estimated.
The result was a cascading series of problems that increased the tax burden for resi-
dential property owners.
The reasons lie with two factors in property tax bills: the multiplier and the tax
rate.
The multiplier comes from a provision in state law requiring that the total mar-
ket value of all property in every county be assessed at 33 1/3 percent. The state
revenue department compares assessments to actual sales to test whether counties
reach that number.
If the assessment level is less than 33 1/3 percent, the state applies a multiplier,
known as an “equalization factor,” to the assessed value of every property in the
county to bring it up to the statutory level. The result is called the equalized as-
sessed value. Taxpayers can see these figures spelled out on their bills.
In nearly every other county in Illinois, the multiplier is always around 1. But be-
cause the assessor’s office was depressing values across Cook County, the multiplier
for Cook in 2008 was nearly 3.
Depressing property values also can increase tax rates, which are derived by di-
viding a taxing district’s total equalized assessed value into the tax levy — the total
amount of money that local government units say they need to operate.
In Cook County, the bigger multiplier and higher tax rates were applied to all
properties. But because commercial and industrial properties were undervalued
more than residential properties, homeowners ended up paying a bigger share.
The owner of a $326,000 home in Chicago that was undervalued at $200,000
in 2008 would have paid about $500 less in taxes if all property had been valued
accurately, the Tribune estimated. In towns where tax rates are far higher than Chi-
cago’s, the amounts would have been much larger.
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Search: Watch: A video Int
Learn about guide to under- rep
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your area property tax bill on
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12 Chicago Tribune | Section 1 | Sunday, December 10, 2017 B B Chicago Tribune | Section 1 | Sunday, December 10, 2017 13
Taxes, from Previous Page sessment system requires an Illinois and the Tribune. industrial properties. Many
appeals process to ensure The law firms that handle of the power players in those
pass assessments has be- fairness and accuracy, and the appeals are paid either a firms are well-known in Chi-
come routine, helping to many jurisdictions across retainer, a percentage of the cago and Illinois politics.
fuel a tax appeal industry the country saw an uptick in tax savings or a combination When Illinois House
that received more reduc- appeals following the finan- of both. Speaker Michael Madigan is
tions under Berrios than in cial crisis, experts said. But Appeals data from the not overseeing legislation
prior years. the number of appeals in assessor’s office represent moving through Springfield
A ProPublica Illinois- Cook County is extraordi- the best available means of or deciding which politician
Chicago Tribune analysis of narily high, far exceeding estimating these law firms’ will get his support as the
appeals data found that the total in New York, for volume of business. The state Democratic Party
Berrios granted appeals for example. analysis examined each ap- chairman, he works for his
more than 34,000 commer- These appeals support an peal, sought to identify the tax appeal law firm, Madi-
cial and industrial parcels in industry that provides more attorney and law firm that gan & Getzendanner.
the 2012 Chicago reas- than half of Berrios’ cam- filed it and calculated the A Berrios ally, Madigan is
sessment and for about the paign funds. reduction granted by the a founding partner in the
same number again in 2015. Although residential assessor. six-member firm that has
By contrast, former As- properties account for the The data set includes a filed appeals on nearly $8.6
sessor Houlihan approved bulk of real estate parcels in small group of unique, high- billion in assessed value TONIKA JOHNSON/PROPUBLICA ILLINOIS
only 17,596 appeals in 2009 the county, commercial and value properties — about since Berrios took office in Ghian Foreman, executive director of Greater Southwest
— and that was the largest industrial appeals are con- 200 — that the assessor’s December 2010, the most of Development Corp.: “This system gives us a handicap.”
number since at least 2003. siderably more lucrative for office does not value in the any firm, according to the
Under Berrios, the analy- the tax appeal industry be- usual way. For these “letter appeals analysis.
sis found, more than 70 cause the parcels are far properties,” the office pro- From 2011 to 2016, Madi-
percent of all commercial
and industrial appeals filed
more valuable and the ap-
peals more complex.
duces an estimate based on
specific data requested from
gan & Getzendanner won
reductions of 20 percent How we analyzed
assessments, appeals
with the assessor’s office Between 2003 and 2016, the owner. These initial esti- from the initial values of
resulted in reductions be- the county granted more mates can be challenged their clients’ properties, to-
tween 2011 and 2015, com- than $46 billion in reduc- through “re-review,” a proc- taling nearly $1.7 billion, the
pared with 48 percent dur- tions from $193 billion in ess similar to an appeal. analysis found. To examine the fairness and accuracy of
ing the previous five-year commercial and industrial About a dozen law firms In a statement, Madigan commercial and industrial property assessments
period. assessments, according to account for the bulk of the spokesman Steve Brown under Cook County Assessor Joseph Berrios, as
Every property tax as- an analysis by ProPublica appeals for commercial and said the appeals process is well as the appeals process, the Chicago Tribune
crucial for property owners and ProPublica Illinois conducted three analyses.
“seeking to exercise their For details, visit chicagotribune.com/
constitutional right to en- methodology.
sure their assessment is ■ The assessor’s initial valuations — known as
uniform.” first-pass values — were examined to determine
“Neither this firm nor any how many remained unchanged over multiple
other property tax firm play reassessment periods. The analysis covered the
any role whatsoever in first triennial reassessments for the city of Chicago
pass assessments,” he wrote. from 2003 through 2015. It included only those
“Rather, property tax firms commercial and industrial parcels that had no
get involved after the first change in Property Index Number, or PIN, from
pass assessment and repre- 2003 through 2009 (under former Assessor James
sent clients.” Houlihan) and from 2009 through 2015 (under
Brown also disputed the current Assessor Berrios). In each case the sample
appeals analysis, saying the size was about 40,000 parcels, or about three-
firm’s records show its ap- quarters of the total number of commercial and
peals resulted in roughly $1 industrial parcels in the city.
billion in reductions. How- ■ Sales ratio studies, which compare the asses-
ever, he declined to provide sor’s valuations with actual sales prices, were
any supporting information carried out for all commercial and industrial
to counter the analysis of assessments in Cook County from 2011 through
the assessor’s data. 2015. The sales used to calculate ratios were
Klafter & Burke — led by limited to arm’s-length transactions that occurred
All Projects Designed & Built by Airoom Architects, Builders, & Remodele
Chicago’s most powerful al- in the same calendar years in which a triennial
Site Location: Winnetka derman and another Berrios reassessment took place. Statistical tests were
ally, Edward Burke — filed included in the analysis to measure accuracy and
appeals on more than $4.7 regressivity, or the tendency to overvalue low-
LAST CHANCE billion in commercial and
industrial assessed values
priced properties and undervalue high-priced
properties.
TO LOCK IN between 2011 and 2016, ac-
cording to the analysis. The
■ Appeals of commercial and industrial assess-
ments in Cook County were analyzed to see which
firm won reductions of law firms filed the most appeals during Berrios’
2017 PRICING $864.9 million, or 18 per-
cent, the records show.
tenure, which had the largest market share in
terms of property value and which won the largest
FOR YOUR 2018 Burke did not respond to
requests for comment.
amount of total reductions. Data from the
assessor’s office were standardized and aggre-
Other firms have strong gated by law firm. Appeals dating to 2003 also
REMODELING PROJECT family ties to the assessor’s
office or employ people who
were analyzed to allow comparisons between the
tenures of Berrios and Houlihan.
used to work there.
Christopher Crowley,
847-268-2178 | AIROOMHOME.COM Berrios’ chief deputy asses-
sor, is the son of James THE SERIES
Crowley, who is listed as a
tax consultant on the web- To read previous Tax Divide stories, visit chicago
With everyone in town again for the holidays, you site of the Crane and Nor- tribune.com/taxdivide
cross law firm.
may be considering that addition or remodeling That firm, which did not
project now more than ever. December will be respond to requests for
comment, filed appeals on trying to keep and attract a reduction. And in each
your last chance to lock in 2017 pricing. nearly $7.9 billion in com- good jobs in our communi- reassessment, after the re-
mercial and industrial initial ties, this system gives us a duction was granted, the
values since Berrios took handicap,” said Ghian Fore- number bounced right back
Reserve by December 31st for 6%-10% of savings! office, winning reductions man, executive director of to that initial value,
on 23 percent of the total the Greater Southwest De- $13,455,132.
CALL FOR A FREE REMODELING CONSULTATION assessed value, or $1.8 bil- velopment Corp. and an The next chance Berrios’
lion, according to the analy- industrial property owner. office has to value the prop-
sis. “We need to make sure it’s erty comes in 2018.
Before joining Berrios, fair to all business owners,
Christopher Crowley and the best way to do that is Jason Grotto, who currently
owned a stake in Madison make sure the process is works for ProPublica Illinois,
Appraisal, a firm that Crane done right.” completed the first three in-
and Norcross regularly Among clients Crane and stallments of “The Tax Di-
hired to do appraisals for its Norcross has represented — vide” as a reporter for the
assessment appeals. (Unlike and that Madison appraised Chicago Tribune and is con-
residential appeals, nearly — was the owner of the tinuing the investigation as
every commercial and in- brick building on the North- part of a Tribune-ProPublica
dustrial appeal involves an west Side that the assessor’s Illinois collaboration. Sand-
HOME DESIGN SHOWROOM appraisal.) office valued at $13,455,132 hya Kambhampati is a data
The close connections in in 2009, 2012 and 2015. reporter with ProPublica Illi-
6825 North Lincoln Avenue | Lincolnwood, IL 60712 the system leave many prop- The owner, a New York nois, which is an independ-
Monday – Saturday 9am – 5pm | Sunday 11am – 4pm
M m erty owners feeling like they investment firm, hired ent, nonprofit journalism or-
are forced to play along in a Crane and Norcross to file ganization. Chicago Tribune
game set up to benefit cer- an appeal with the assessor reporter Ray Long and for-
Call for details. Contract must be signed by 12/31/17. tain players. in each of those years. Each mer Tribune reporter David
Start your project by 9/30/18. “In an era when we are time, Berrios’ office granted Kidwell contributed.
Union Carpenters
BUILD Careers
It was the
notch send-
receive at C
certainly no
parts under
cloud.
One by one
members, re
and even M
Emanuel ste
microphone t
to-be-former
lic Schools
Claypool.
“I’ve know
30-plus year
time in my lif
and public s
want to than
his exemplary
city of Chica
he has worke
incredible a
mark on ever
visibly tired
“I can say he
with his head
he did a job
will always be
It was lef
himself to n
was resigning
JOSE M. OSORIO/CHICAGO TRIBUNE
JOSE M. OSORIO/CHICAGO TRIBUNE he offered w
CookCook County
County Assessor
Assessor Joseph
Joseph Berrios Berrios by
is required is required byrevalue
state law to state property
law to revalue property
every three every
years, yet three years,
his methods yet his
are hidden methods
from are
the public. hope that wh
hidden from the public. of my caree
benefit lawyers
since the Great Depres- Berrios failed at one of his And because commercial not change.
sion, Cook County Assessor most important responsibili- and industrial properties as a For example, as the financial of caregi
Joseph Berrios produced valu- ties — estimating the value of group were not assessed prop- crisis cratered the real estate Few qualified
ations for thousands of com- commercial and industrial erly, residential homeowners market in 2009, Berrios’ pred- rising costs an
mercial and industrial proper- properties. across the county were forced ecessor estimated the value of demographic
A new analysis of commercial properties finds thousands
ties in Chicago that did not
change from one reassessment
What’s more, a separate
analysis reveals commercial
to carry an additional and
unnecessary burden, paying
a stout brick building in a
bustling commercial area on
newly minted
ing a crisis. Bu
to the next, not even by a single and industrial property assess- more in property taxes than Chicago’s Northwest Side at
dollar. of identical values, high error rates
That fact, one finding in an
ments throughout Cook
County were so riddled with
they would have otherwise.
State law says the assessor
$13,455,132.
Three years later, in 2012,
unprecedented ProPublica errors that they created deep must revalue property every Berrios had taken office and As Trum
By Jason Grotto and Sandhya Kambhampati
Illinois-Chicago Tribune anal-
ysis of tens of thousands of
inequities, punishing small
businesses while cutting a
three years. Yet Berrios, using
methods hidden from the pub-
the commercial real estate
market had come roaring back. rights m
A Chicago Tribune/ProPublica Illinois collaboration
property records, points to a
conclusion that experts say
break to owners of high-value
properties and helping fuel a
lic, repeatedly produced initial
valuations of commercial and
Turn to Taxes, Page 12
tribute, t
Trump paid t
rights leaders
Amid the most tumultuous real estate market since the Great Depression, Cook strations surr
visit to Missis
County Assessor Joseph Berrios produced valuations for thousands of commercial Nation & Wo
Poet Perkinsproperties
and industrial gains new fame that
in Chicago for did ‘Hey not Black
change from Child’ one reassessment to
the next, not even by a single dollar.
Poem often recited It’s often credited this way Hughes. age to covet that which is
TOM SK
WEA
That
in schools creditedfact, one finding
online. Which in an
might unprecedented
be
flattering to Perkins, except
Or Gwendolyn Brooks.
Two more poets he’s
ProPublica Illinois-Chicago
not yours. Tell the truth.”
The truth is, Useni Eu-
Tribune
analysis
to others of tens many
by mistake of thousands
more people seem oftoproperty
think he’s Countee Cullen,
mistaken for.records, points to a conclusion
gene Perkins
Recently, after an Afri- Black Child.”
wrote “Hey that experts Complete
say defies any logical
By Christopher
Borrelli
explanation
a Harlem Renaissance except one:
poet can-American arts website A longtime fixture of the
who died in the 1940s. In posted video of a 3-year-old South Side art scene,
Nation & W
Berrios failedfact,
Chicago Tribune atPerkins,
one of whohis
livesmost important
off Chicago girl recitingresponsibilities
“Hey Perkins was a leader
Jackson Park, is 85 and Black Child,” Perkins’ best- Black Arts Movement of
— estimating
of the the value $3.99 city a
$4.99 el
of commercial and industrial properties.
For a long time, if you looks very much alive, a known (and most misiden- the 1960s and
stumbled across the poetry testament to his years as a tified) poem, with a note sought to distance its art
’70s, which
ABEL URIBE/CHICAGO TRIBUNE
170th yea
©Chicag
of UseniWhat’s more,long-distance
Eugene Perkins, a separate runner.analysis reveals
Still, explaining commercial
that Perkins and influences,
is from European industrial property
Useni as-
Eugene Perkins, a
there was a fair chance you confusion over his legacy the author, not Cullen, a encouraging fresh Afro- Chicago writer and social
thought you were reading has lasted for decades. reader left this comment: worker, was a leader of the
the work of Maya Angelou. Also, he is not Langston “You insult my black herit- Turn to Perkins, Page 10 Black Arts Movement.
’S PIC
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JOJ
Folgers Coffee
22.6-30.5 oz. Cans
sessments throughout Cook County were so riddled with errors that they created
deep inequities, punishing small businesses while cutting a break to owners of high-
value properties and helping fuel a cottage industry of politically powerful tax at-
torneys.
And because commercial and industrial properties as a group were not assessed
properly, residential homeowners across the county were forced to carry an ad-
ditional and unnecessary burden, paying more in property taxes than they would
have otherwise.
State law says the assessor must revalue property every three years. Yet Berrios,
using methods hidden from the public, repeatedly produced initial valuations of
commercial and industrial properties — known as first-pass values — that did not
change.
For example, as the financial crisis cratered the real estate market in 2009, Ber-
rios’ predecessor estimated the value of a stout brick building in a bustling commer-
cial area on Chicago’s Northwest Side at $13,455,132.
Three years later, in 2012, Berrios had taken office and the commercial real
estate market had come roaring back. Yet the assessor’s estimate did not change:
$13,455,132.
In 2015, as the market continued to climb, Berrios’ office once again arrived at
the same number: $13,455,132.
Three straight reassessments. Three identical values.
Given the complexity of the commercial real estate market and its dynamic na-
ture, experts say it is inconceivable for such values to remain the same over time.
But an analysis of more than 40,000 parcels of commercial and industrial prop-
erty in Chicago shows that, under Berrios, more than two-thirds had identical first-
pass values in at least two consecutive reassessments.
Nearly a fourth of the parcels — pieces of real estate that receive their own as-
sessment and tax bill — had the same initial value for the Chicago reassessments of
2009, 2012 and 2015.
Under Berrios’ predecessor, James Houlihan, just 1 percent of parcels saw no
change over two or more reassessments conducted in 2003, 2006 and 2009.
“For values to stay exactly the same, that indicates they aren’t doing anything,”
said Peter Davis, an expert on assessments who helped write standards for the In-
ternational Association of Assessing Officers, a professional organization that de-
velops guidelines used around the world.
“If your models are working correctly, the chances of values staying exactly the
same are virtually impossible.”
Berrios already is under fire for producing inaccurate residential assessments
that burdened poorer homeowners, problems the Tribune’s series “The Tax Di-
vide” uncovered in June. Berrios, who is up for re-election next year, testified before
the county board about his methods in July, and Board President Toni Preckwinkle
ordered a study of residential assessments.
The new findings on commercial and industrial valuations expose many of the
same flaws, with the assessor’s office generally undervaluing expensive downtown
buildings while overvaluing small businesses in poorer neighborhoods.
In 2014, for instance, a building on Oak Street in the Gold Coast neighborhood
sold for $14.9 million. The next year, the assessor’s office valued the building at $3.6
million — less than a quarter of the sales price. A year after that, in 2016, the building
sold for even more: $23 million.
Eight miles west, a small industrial shop in the working-class Belmont Cen-
tral neighborhood sold for $110,000 in 2015. The assessor’s estimate that year was
$207,140, nearly double the sale price.
ZBIGNIEW BZDAK/CHICAGO TRIBUNE
Brenda Doyle, left, daughter Jamilah and Jamilah’s father run a day care in Chicago. A month after the Doyles bought the
building for $205,000 in 2015, a notice from the county assessor pegged the value at $324,700.
The effects of flawed commercial and industrial valuations aren’t limited to peo-
ple who own businesses. Owners of residential properties, as a group, also ended up
paying more in property taxes than they would have if the assessor’s office had done
its work properly.
The total amount of property taxes levied in a given year is fixed, so if one group
of property owners doesn’t pay its fair share, others have to make up the difference.
And for years, the county has significantly undervalued commercial and industrial
properties as a class, according to the ProPublica Illinois-Chicago Tribune analysis
as well as studies conducted by the Illinois Department of Revenue. That means the
estimated total value of those properties, after appeals, was on average less than it
should have been.
The extra burden on homeowners was even greater for people who owned
lower-priced properties, because the assessor already tended to overvalue them in
comparison with other homes.
The assessor’s office encourages property owners to file an appeal if they are dis-
satisfied with an assessment. In cases where officials did not change a property’s
initial estimate from one reassessment to the next, the vast majority of the owners
appealed, government records show.
Seventy-four percent of those owners won reductions from the assessor — only
to see the values snap right back to the same number in the next reassessment.
“There is no rationale for having no change in these initial valuations,” said Rich-
ard Almy, former executive director of the International Association of Assessing
Officers. “Especially if the assessor later agreed to a reduction, there’s no earthly
reason for them to go back to the same value.”
The repetitive process feeds a property tax appeal industry that provides the bulk
of Berrios’ campaign contributions. Inaccurate assessments also help drive business
to political allies who are property tax attorneys, including Illinois House Speaker
Michael Madigan, the longest-serving state house speaker in U.S. history, and Ald.
Edward Burke, the longtime chair of the Chicago City Council’s finance committee.
The office’s deputy assessor for communications, Tom Shaer, did not explain
Once rare, identical values become common
Thousands of value estimates produced under Cook County Assessor Joseph Berrios did not change from one
reassessment to the next. Experts in assessments said that is next to impossible in the commercial market.
NOTE: First data set includes 39,758 parcels; second data set includes 40,284 parcels
SOURCE: ProPublica Illinois-Chicago Tribune analysis of Cook County data CHICAGO TRIBUNE
why thousands of first-pass values were identical over multiple reassessments un-
der Berrios. The other findings from ProPublica Illinois and the Tribune are mis-
leading, he said, and do not “do justice to the complexity” of Cook County’s assess-
ment system.
“The study includes five years of the real estate crash,” Shaer wrote in an emailed
response. “The crash played havoc with figures in certain industry measures used
for this story, making them unreliable when evaluating the assessor’s work.”
Shaer also defended the office’s reliance on the appeals process.
“Appeals of commercial and industrial property are extremely effective in giving
the assessor’s office the most complete and updated information,” he wrote. “If not
for the appeal process, Cook County would need hundreds of financial personnel to
initially obtain that information — at a cost of more than $32 million per year.”
Cook County’s deeply flawed assessment system is a source of vexation for many
commercial property owners, said Elizabeth Holland, CEO of Chicago-based com-
mercial real estate company Abbell Associates, which owns property all over the
Midwest.
“It’s a system that we don’t see anywhere else in the country,” said Holland, a for-
mer chair of the International Council of Shopping Centers. “They are not doing an
accurate job of assessing property, and I think it’s a frustration for everyone I know
who owns commercial real estate here.
“It means time, effort and money because they make you hire lawyers to appeal
inaccurate assessments.”
A familiar pattern
The owners of Sweet Pea Academy, a day care in Chicago’s Auburn Gresham
neighborhood, knew as soon as they received the first assessment notice for their
one-story building that something was off.
Brenda and Larry Doyle, who started the day care with their daughter Jamilah,
bought the building in 2015 for $205,000. When they received their first notice from
the assessor a month later, however, the property’s value was pegged at $324,700.
“It’s ridiculous,” Larry Doyle said. “There are a lot of businesses in the area that
have the same thing happening, and we’re all pissed off about it.”
Farther west, on West 79th Street, the owner of a pest control business purchased
a small storefront in 2012 for $60,000. The assessor valued it at $111,028 that year.
And when 2015 rolled around, the value didn’t budge.
Meanwhile, the owners of an office tower at 300 N. LaSalle Drive got much bet-
ter news from the assessor. The building along the Chicago River had sold in 2014
JOHN J. KIM/CHICAGO TRIBUNE
In 2014, the office tower at 300 N. LaSalle Drive sold for $850 million — at the time, the highest single-building office
sale in Chicago history. A year later, the assessor valued the building at just $392 million.
for $850 million — at the time, the highest single-building office sale in Chicago his-
tory. A year later, the assessor valued the building at just $392 million, less than half
the sale price.
It’s a pattern that’s both familiar and deeply unfair.
When the Tribune studied residential assessments under Berrios, the newspa-
per found high error rates as well as a tendency to give expensive properties a break
at the expense of poorer homeowners. The same holds true for commercial and
industrial real estate.
The basic method of testing the accuracy of assessments is to use properties that
have sold to see how well the assessor’s estimates compare to actual market values.
The analysis is called a sales ratio study because it involves dividing the assessor’s
estimates by the sales prices to calculate ratios.
No assessment system produces 100 percent accurate results, so the next step is
to run statistics that show whether errors fall within acceptable standards. The most
common test of accuracy is the coefficient of dispersion, or COD. It is, essentially, an
error rate. For income-producing properties, the International Association of As-
sessing Officers sets the acceptable level of COD at 20. That means assessments are
off by an average of 20 percent.
Under Berrios, the scores for commercial and industrial first-pass valuations
have been as high as 133, ProPublica Illinois and the Tribune found. Though experts
often allow complex jurisdictions like Cook County some leeway, they said those
results are unacceptable.
The errors also have a bias. With lower-priced commercial and industrial prop-
erties, the assessor’s estimates tend to come in too high. At higher price points, as-
sessments are often too low.
Known as regressivity, this pattern means the property tax system is unfair to
people who own lower-value properties. Those taxpayers end up paying more, rela-
tive to the value of their property, than others do.
Assessing experts measure regressivity with a statistical test called the price-re-
lated differential. Here again, the assessments produced by Berrios’ office violated
professional standards, the analysis by ProPublica Illinois and the Tribune found.
The assessor’s office said it does not conduct sales ratio studies for any class of
property, though industry experts say doing so is standard practice. That suggests
the office made little or no effort to understand how accurate its valuations were
before sending assessment notices to property owners like the Doyles.
Comparing the assessor’s estimates to sale prices is more complicated for com-
mercial and industrial properties than it is for residential homes. Some real estate
investors may overpay for a property in order to gain a tax write-off or other finan-
cial benefit, for example.
Despite those nuances, however, agencies around the world — including the Illi-
nois Department of Revenue — conduct sales ratio studies for all classes of property,
no matter how chaotic the markets may be at the time.
Amid the hustle and bustle of obtaining a day care license, hiring staffers and
renovating the Sweet Pea building to accommodate infants and toddlers, the Doyles
said they didn’t hire an attorney to appeal their inflated assessment.
The result was a $14,875 tax bill that the Doyles say was difficult to pay. Had the
property been valued closer to the sale price, their 2015 tax bill would have been
about $5,500 less. As it is, that bill represents 7.25 percent of the price the Doyles
paid for the building, a figure known as the effective tax rate. The effective tax rate
of the office tower that sold for $825 million, on the other hand, was about 2.1 per-
cent in 2015.
For a business that is already struggling, the taxes are a huge burden. The Doyles
said most of the children who attend Sweet Pea receive child care assistance from
the state, which held back payments during the budget impasse, adding to their
troubles.
“We’ve been scuffling to get by,” said Brenda Doyle, who said she has worked in
child care for more than 20 years. “Having that (property tax) money would be a
big thing for us. We could use a new air conditioner. The roof needs to be replaced.
We’d like to give our employees bonuses.”
A lucrative industry
For many commercial and industrial property owners in Cook County, appealing
inaccurate first-pass assessments has become routine, helping to fuel a tax appeal
industry that received more reductions under Berrios than in prior years.
A ProPublica Illinois-Chicago Tribune analysis of appeals data found that Ber-
rios granted appeals for more than 34,000 commercial and industrial parcels in the
2012 Chicago reassessment and for about the same number again in 2015.
By contrast, former Assessor Houlihan approved only 17,596 appeals in 2009 —
and that was the largest number since at least 2003.
Under Berrios, the analysis found, more than 70 percent of all commercial and
industrial appeals filed with the assessor’s office resulted in reductions between
2011 and 2015, compared with 48 percent during the previous five-year period.
Every property tax assessment system requires an appeals process to ensure fair-
ness and accuracy, and many jurisdictions across the country saw an uptick in ap-
peals following the financial crisis, experts said. But the number of appeals in Cook
County is extraordinarily high, far exceeding the total in New York, for example.
These appeals support an industry that provides more than half of Berrios’ cam-
paign funds.
Although residential properties account for the bulk of real estate parcels in the
county, commercial and industrial appeals are considerably more lucrative for the
tax appeal industry because the parcels are far more valuable and the appeals more
complex.
TONIKA JOHNSON/PROPUBLICA ILLINOIS
Ghian Foreman, executive director of Greater Southwest Development Corp.: “This system gives us a handicap.”
Between 2003 and 2016, the county granted more than $46 billion in reductions
from $193 billion in commercial and industrial assessments, according to an analy-
sis by ProPublica Illinois and the Tribune. The law firms that handle the appeals are
paid either a retainer, a percentage of the tax savings or a combination of both.
Appeals data from the assessor’s office represent the best available means of es-
timating these law firms’ volume of business. The analysis examined each appeal,
sought to identify the attorney and law firm that filed it and calculated the reduction
granted by the assessor.
The data set includes a small group of unique, high-value properties — about
200 — that the assessor’s office does not value in the usual way. For these “letter
properties,” the office produces an estimate based on specific data requested from
the owner. These initial estimates can be challenged through “re-review,” a process
similar to an appeal.
About a dozen law firms account for the bulk of the appeals for commercial and
industrial properties. Many of the power players in those firms are well-known in
Chicago and Illinois politics.
When Illinois House Speaker Michael Madigan is not overseeing legislation
moving through Springfield or deciding which politician will get his support as the
state Democratic Party chairman, he works for his tax appeal law firm, Madigan &
Getzendanner.
A Berrios ally, Madigan is a founding partner in the six-member firm that has
filed appeals on nearly $8.6 billion in assessed value since Berrios took office in De-
cember 2010, the most of any firm, according to the appeals analysis.
From 2011 to 2016, Madigan & Getzendanner won reductions of 20 percent from
the initial values of their clients’ properties, totaling nearly $1.7 billion, the analysis
found.
In a statement, Madigan spokesman Steve Brown said the appeals process is cru-
cial for property owners “seeking to exercise their constitutional right to ensure
their assessment is uniform.”
“Neither this firm nor any other property tax firm play any role whatsoever in
first pass assessments,” he wrote. “Rather, property tax firms get involved after the
first pass assessment and represent clients.”
Brown also disputed the appeals analysis, saying the firm’s records show its ap-
peals resulted in roughly $1 billion in reductions. However, he declined to provide
any supporting information to counter the analysis of the assessor’s data.
Klafter & Burke — led by Chicago’s most powerful alderman and another Berrios
ally, Edward Burke — filed appeals on more than $4.7 billion in commercial and in-
dustrial assessed values between 2011 and 2016, according to the analysis. The firm
won reductions of $864.9 million, or 18 percent, the records show.
Burke did not respond to requests for comment.
Other firms have strong family ties to the assessor’s office or employ people who
used to work there.
Christopher Crowley, Berrios’ chief deputy assessor, is the son of James Crowley,
who is listed as a tax consultant on the website of the Crane and Norcross law firm.
That firm, which did not respond to requests for comment, filed appeals on near-
ly $7.9 billion in commercial and industrial initial values since Berrios took office,
winning reductions on 23 percent of the total assessed value, or $1.8 billion, accord-
ing to the analysis.
Before joining Berrios, Christopher Crowley owned a stake in Madison Apprais-
al, a firm that Crane and Norcross regularly hired to do appraisals for its assessment
appeals. (Unlike residential appeals, nearly every commercial and industrial appeal
involves an appraisal.)
The close connections in the system leave many property owners feeling like
they are forced to play along in a game set up to benefit certain players.
“In an era when we are trying to keep and attract good jobs in our communi-
ties, this system gives us a handicap,” said Ghian Foreman, executive director of the
Greater Southwest Development Corp. and an industrial property owner. “We need
to make sure it’s fair to all business owners, and the best way to do that is make sure
the process is done right.”
Among clients Crane and Norcross has represented — and that Madison ap-
praised — was the owner of the brick building on the Northwest Side that the asses-
sor’s office valued at $13,455,132 in 2009, 2012 and 2015.
The owner, a New York investment firm, hired Crane and Norcross to file an
appeal with the assessor in each of those years. Each time, Berrios’ office granted a
reduction. And in each reassessment, after the reduction was granted, the number
bounced right back to that initial value, $13,455,132.
The next chance Berrios’ office has to value the property comes in 2018.
Jason Grotto, who currently works for ProPublica Illinois, completed the first three
installments of “The Tax Divide” as a reporter for the Chicago Tribune and is con-
tinuing the investigation as part of a Tribune-ProPublica Illinois collaboration.
Sandhya Kambhampati is a data reporter with ProPublica Illinois, which is an inde-
pendent, nonprofit journalism organization. Chicago Tribune reporter Ray Long and
former Tribune reporter David Kidwell contributed.
Law firms do big business
Madigan & Getzendanner, a six-member firm where Illinois House
Speaker Michael Madigan is a founding partner, stands at the top of
the commercial and industrial appeals market in Cook County,
according to an analysis of appeals data from the assessor’s office.
COMMERCIAL AND INDUSTRIAL APPEALS, 2011-2016
Garage segment
This garage space
has only one PIN
and is valued
separately.
Retail segment
This segment may
include multiple
businesses, such as
bank branches or
pharmacies, yet is
valued as a single PIN.
Parking lot
segment
Parking lots are also
valued separately and
sometimes include multiple PINs.
100 2.0
50 1.0
Industry
standard:
0.98 to 1.03
Industry standard: 5 to 20*
2011 2012 2013 2014 2015 2011 2012 2013 2014 2015
Taxes, from Previous Page sessment system requires an Illinois and the Tribune. industrial properties. Many
appeals process to ensure The law firms that handle of the power players in those
pass assessments has be- fairness and accuracy, and the appeals are paid either a firms are well-known in Chi-
come routine, helping to many jurisdictions across retainer, a percentage of the cago and Illinois politics.
fuel a tax appeal industry the country saw an uptick in tax savings or a combination When Illinois House
that received more reduc- appeals following the finan- of both. Speaker Michael Madigan is
tions under Berrios than in cial crisis, experts said. But Appeals data from the not overseeing legislation
prior years. the number of appeals in assessor’s office represent moving through Springfield
A ProPublica Illinois- Cook County is extraordi- the best available means of or deciding which politician
Chicago Tribune analysis of narily high, far exceeding estimating these law firms’ will get his support as the
appeals data found that the total in New York, for volume of business. The state Democratic Party
Berrios granted appeals for example. analysis examined each ap- chairman, he works for his
more than 34,000 commer- These appeals support an peal, sought to identify the tax appeal law firm, Madi-
cial and industrial parcels in industry that provides more attorney and law firm that gan & Getzendanner.
the 2012 Chicago reas- than half of Berrios’ cam- filed it and calculated the A Berrios ally, Madigan is
sessment and for about the paign funds. reduction granted by the a founding partner in the
same number again in 2015. Although residential assessor. six-member firm that has
By contrast, former As- properties account for the The data set includes a filed appeals on nearly $8.6
sessor Houlihan approved bulk of real estate parcels in small group of unique, high- billion in assessed value TONIKA JOHNSON/PROPUBLICA ILLINOIS
only 17,596 appeals in 2009 the county, commercial and value properties — about since Berrios took office in Ghian Foreman, executive director of Greater Southwest
— and that was the largest industrial appeals are con- 200 — that the assessor’s December 2010, the most of Development Corp.: “This system gives us a handicap.”
number since at least 2003. siderably more lucrative for office does not value in the any firm, according to the
Under Berrios, the analy- the tax appeal industry be- usual way. For these “letter appeals analysis.
sis found, more than 70 cause the parcels are far properties,” the office pro- From 2011 to 2016, Madi-
percent of all commercial
and industrial appeals filed
more valuable and the ap-
peals more complex.
duces an estimate based on
specific data requested from
gan & Getzendanner won
reductions of 20 percent How we analyzed
assessments, appeals
with the assessor’s office Between 2003 and 2016, the owner. These initial esti- from the initial values of
resulted in reductions be- the county granted more mates can be challenged their clients’ properties, to-
tween 2011 and 2015, com- than $46 billion in reduc- through “re-review,” a proc- taling nearly $1.7 billion, the
pared with 48 percent dur- tions from $193 billion in ess similar to an appeal. analysis found. To examine the fairness and accuracy of
ing the previous five-year commercial and industrial About a dozen law firms In a statement, Madigan commercial and industrial property assessments
period. assessments, according to account for the bulk of the spokesman Steve Brown under Cook County Assessor Joseph Berrios, as
Every property tax as- an analysis by ProPublica appeals for commercial and said the appeals process is well as the appeals process, the Chicago Tribune
crucial for property owners and ProPublica Illinois conducted three analyses.
“seeking to exercise their For details, visit chicagotribune.com/
constitutional right to en- methodology.
sure their assessment is ■ The assessor’s initial valuations — known as
uniform.” first-pass values — were examined to determine
“Neither this firm nor any how many remained unchanged over multiple
other property tax firm play reassessment periods. The analysis covered the
any role whatsoever in first triennial reassessments for the city of Chicago
pass assessments,” he wrote. from 2003 through 2015. It included only those
“Rather, property tax firms commercial and industrial parcels that had no
get involved after the first change in Property Index Number, or PIN, from
pass assessment and repre- 2003 through 2009 (under former Assessor James
sent clients.” Houlihan) and from 2009 through 2015 (under
Brown also disputed the current Assessor Berrios). In each case the sample
appeals analysis, saying the size was about 40,000 parcels, or about three-
firm’s records show its ap- quarters of the total number of commercial and
peals resulted in roughly $1 industrial parcels in the city.
billion in reductions. How- ■ Sales ratio studies, which compare the asses-
ever, he declined to provide sor’s valuations with actual sales prices, were
any supporting information carried out for all commercial and industrial
to counter the analysis of assessments in Cook County from 2011 through
the assessor’s data. 2015. The sales used to calculate ratios were
Klafter & Burke — led by limited to arm’s-length transactions that occurred
All Projects Designed & Built by Airoom Architects, Builders, & Remodele
Chicago’s most powerful al- in the same calendar years in which a triennial
Site Location: Winnetka derman and another Berrios reassessment took place. Statistical tests were
ally, Edward Burke — filed included in the analysis to measure accuracy and
appeals on more than $4.7 regressivity, or the tendency to overvalue low-
LAST CHANCE billion in commercial and
industrial assessed values
priced properties and undervalue high-priced
properties.
TO LOCK IN between 2011 and 2016, ac-
cording to the analysis. The
■ Appeals of commercial and industrial assess-
ments in Cook County were analyzed to see which
firm won reductions of law firms filed the most appeals during Berrios’
2017 PRICING $864.9 million, or 18 per-
cent, the records show.
tenure, which had the largest market share in
terms of property value and which won the largest
FOR YOUR 2018 Burke did not respond to
requests for comment.
amount of total reductions. Data from the
assessor’s office were standardized and aggre-
Other firms have strong gated by law firm. Appeals dating to 2003 also
REMODELING PROJECT family ties to the assessor’s
office or employ people who
were analyzed to allow comparisons between the
tenures of Berrios and Houlihan.
used to work there.
Christopher Crowley,
847-268-2178 | AIROOMHOME.COM Berrios’ chief deputy asses-
sor, is the son of James THE SERIES
Crowley, who is listed as a
tax consultant on the web- To read previous Tax Divide stories, visit chicago
With everyone in town again for the holidays, you site of the Crane and Nor- tribune.com/taxdivide
cross law firm.
may be considering that addition or remodeling That firm, which did not
project now more than ever. December will be respond to requests for
comment, filed appeals on trying to keep and attract a reduction. And in each
your last chance to lock in 2017 pricing. nearly $7.9 billion in com- good jobs in our communi- reassessment, after the re-
mercial and industrial initial ties, this system gives us a duction was granted, the
values since Berrios took handicap,” said Ghian Fore- number bounced right back
Reserve by December 31st for 6%-10% of savings! office, winning reductions man, executive director of to that initial value,
on 23 percent of the total the Greater Southwest De- $13,455,132.
CALL FOR A FREE REMODELING CONSULTATION assessed value, or $1.8 bil- velopment Corp. and an The next chance Berrios’
lion, according to the analy- industrial property owner. office has to value the prop-
sis. “We need to make sure it’s erty comes in 2018.
Before joining Berrios, fair to all business owners,
Christopher Crowley and the best way to do that is Jason Grotto, who currently
owned a stake in Madison make sure the process is works for ProPublica Illinois,
Appraisal, a firm that Crane done right.” completed the first three in-
and Norcross regularly Among clients Crane and stallments of “The Tax Di-
hired to do appraisals for its Norcross has represented — vide” as a reporter for the
assessment appeals. (Unlike and that Madison appraised Chicago Tribune and is con-
residential appeals, nearly — was the owner of the tinuing the investigation as
every commercial and in- brick building on the North- part of a Tribune-ProPublica
dustrial appeal involves an west Side that the assessor’s Illinois collaboration. Sand-
HOME DESIGN SHOWROOM appraisal.) office valued at $13,455,132 hya Kambhampati is a data
The close connections in in 2009, 2012 and 2015. reporter with ProPublica Illi-
6825 North Lincoln Avenue | Lincolnwood, IL 60712 the system leave many prop- The owner, a New York nois, which is an independ-
M
Monday – Saturday 9am – 5pm | Sunday 11am – 4pm m erty owners feeling like they investment firm, hired ent, nonprofit journalism or-
are forced to play along in a Crane and Norcross to file ganization. Chicago Tribune
game set up to benefit cer- an appeal with the assessor reporter Ray Long and for-
Call for details. Contract must be signed by 12/31/17. tain players. in each of those years. Each mer Tribune reporter David
Start your project by 9/30/18. “In an era when we are time, Berrios’ office granted Kidwell contributed.
Union Carpenters
BUILD Careers
http://apps.chicagotribune.com/news/watchdog/cook-county-property-tax-di-
vide/methods-commercial.html
How we analyzed
assessments, appeals
To examine the fairness and accuracy of commercial and industrial property
assessments under Cook County Assessor Joseph Berrios, as well as the appeals
process, the Chicago Tribune and ProPublica Illinois conducted three analyses. For
details, visit chicagotribune.com/methodology.
n The assessor’s initial valuations — known as first-pass values — were exam-
ined to determine how many remained unchanged over multiple reassessment pe-
riods. The analysis covered the triennial reassessments for the city of Chicago from
2003 through 2015. It included only those commercial and industrial parcels that
had no change in Property Index Number, or PIN, from 2003 through 2009 (under
former Assessor James Houlihan) and from 2009 through 2015 (under current As-
sessor Berrios). In each case the sample size was about 40,000 parcels, or about
three-quarters of the total number of commercial and industrial parcels in the city.
n Sales ratio studies, which compare the assessor’s valuations with actual sales
prices, were carried out for all commercial and industrial assessments in Cook
County from 2011 through 2015. The sales used to calculate ratios were limited to
arm’s-length transactions that occurred in the same calendar years in which a trien-
nial reassessment took place. Statistical tests were included in the analysis to mea-
sure accuracy and regressivity, or the tendency to overvalue low-priced properties
and undervalue high-priced properties.
n Appeals of commercial and industrial assessments in Cook County were ana-
lyzed to see which law firms filed the most appeals during Berrios’ tenure, which
had the largest market share in terms of property value and which won the largest
amount of total reductions. Data from the assessor’s office were standardized and
aggregated by law firm. Appeals dating to 2003 also were analyzed to allow com-
parisons between the tenures of Berrios and Houlihan.
Questions? Call 1-800-Tribune Thursday, December 21, 2017 Breaking news at chicagotribune.com
chairman, and at the ballot box, Cook County Assessor Joseph Berrios defends his hiring of his relatives.
where he’s won two terms as
assessor and next year will seek a resistance to change. The pace of ance comes as the basic compe-
third. reform has been slow and the tence of his assessment operation
But it also has caused problems assessor’s commitment often tep- has been challenged. The inves-
for him with federal court moni- id, records and interviews show. tigative series “The Tax Divide,”
tors, who are not so fond of the old Even after five years of court which launched in the Tribune in
ways. For years they have been hearings and monitoring, the of- June, found deep flaws in proper-
prodding Berrios to comply with fice has yet to emerge from federal ty assessments under Berrios dur-
standards from the landmark oversight — and county taxpayers ing many of the same years the
Shakman decree aimed at ending are paying a price. The county office ran afoul of the Shakman
political patronage in local gov- covers bills for both the Shakman agreement.
ernment. attorneys and the court monitor, The series, based on an analysis
The monitors’ reports, re- ongoing costs that now total more of millions of property tax records,
viewed by the Chicago Tribune than $3 million, according to bills found that residential assessments
and ProPublica Illinois, reveal a approved by a federal judge and in Cook County were inaccurate
persistent pattern in Berrios’ of- county records. and unfair during Berrios’ tenure,
TERRENCE ANTONIO JAMES/CHICAGO TRIBUNE fice of improper hiring and firing, The examination of Berrios’
Kavan Collins, 5, recuperates in the hospital Wednesday as arbitrary staffing decisions and struggle with Shakman compli- Turn to Berrios, Page 9
his mother, Dantignay Brashear, looks over him.
Illinois no longer 5th-largest state $100M for Sesame Workshop, IRC The tale behind a Christmas classic
The state is now 6th after Pennsylvania, according to Their joint proposal to educate Middle Eastern refugee Why “This Christmas” — written by a Chicagoan, per-
census data. Illinois lost about 33,700 residents, the children is the winner of the MacArthur Foundation’s formed by Chicagoans and recorded in Chicago — is the
greatest numeric loss of any state. Chicagoland, Page 4 largest-ever grant, a $100 million prize. A+E best song of the season. Christopher Borrelli in A+E
Chicago Weather Center: Complete $1.99 city and suburbs, $2.50 elsewhere
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forecast on back page of A+E section 170th year No. 355 © Chicago Tribune
Chicago Tribune | Section 1 | Thursday, December 21, 2017 9
os
seph
ecret
poli-
yalty
him
emo- JOSE M. OSORIO/CHICAGO TRIBUNE
n to Cook County Assessor Joseph Berrios defends his hiring of his relatives.
JOSE M. OSORIO/CHICAGO TRIBUNE
box, Cook County Assessor Joseph Berrios defends his hiring of his relatives.
s as
ek a
Assessor is slow to adopt
resistance to change. The pace of ance comes as the basic compe-
lems
anti-patronage reforms
reform has been slow and the tence of his assessment operation
assessor’s commitment often tep- has been challenged. The inves-
moni- id, records and Monitoring
interviewsreports
show. showtigativeShakman seriesagreement
“The Tax Divide,”
e old Even after five years‘not of acourt
priority’which launched in the Tribune in
for Berrios
been hearings and monitoring, the of- June, found deep flaws in proper-
with fice has yet to emerge from By Ray Long andty
federal Jason Grotto under Berrios dur-
assessments
mark oversight — and county Chicago Tribune and ProPublica Illinois
taxpayers ing many of the same years the
ding are paying a price. The county office ran afoul of the Shakman
Cook County Assessor Joseph Berrios has never made any secret of his affinity
gov- covers bills forpolitics
for old-school both the
that Shakman
put a premium agreement.
on loyalty and favors.
attorneys and the court monitor,
That approach has served him well in the Cook TheCounty
series,Democratic
based onParty,
an analysis
where
re- ongoing costs that now total more of millions of property tax
he’s risen to chairman, and at the ballot box, where he’s won two terms as assessor records,
bune thanand$3 million,
next year willaccording
seek a third.to bills found that residential assessments
eal a approved by has
But it also a federal judge and
caused problems for him inwithCook
federalCounty were who
court monitors, inaccurate
are not
’ of- county records.
so fond of the old ways. For years they have and unfair
been prodding during Berrios’
Berrios tenure,
to comply with
ring, The examination
standards of Berrios’
from the landmark Shakman decree aimed at ending political patronage
and struggle with Shakman compli- Turn to Berrios, Page 9
in local government.
The monitors’ reports, reviewed by the Chicago Tribune and ProPublica Illinois,
reveal a persistent pattern in Berrios’ office of improper hiring and firing, arbitrary
staffing decisions and resistance to change. The pace of reform has been slow and
the assessor’s commitment often tepid, records and interviews show.
Sheriff Tom Dart resolve Shakman cases. Emanuel inherited a federal monitor in
the mayor’s office, and Dart embraced the idea of installing a monitor when he be-
came sheriff.
After lengthy discussions, Shakman and Berrios reached a federal court agree-
ment in September 2012 that set a path forward. The assessor agreed to create more
transparent procedures with the goal of rooting out patronage in hiring and staffing
decisions as well as hiring an internal compliance director.
The compliance director, an employee of the assessor’s office, was supposed to
ensure that it adheres to all employment policies and procedures, including Shak-
man prohibitions against political hiring. Meanwhile, the federal court monitor
would review the claims of workers fired unfairly, detail developments and help
push for progress until the office was found to be in compliance.
It didn’t take long before the new monitor, retired Cook County Judge Clifford
Meacham, delivered a sobering analysis. In a report filed in January 2013, Meacham
said the assessor’s office had a “widespread disregard for written policies and pro-
cedures,” from skirting competitive hiring rules to skipping performance evalua-
tions.
Meacham emphasized that even smaller favors should stop. He highlighted how
a special group of 19 transplants from the review board known in the assessor’s of-
fice as the “Berrios people” got to come and go at work without having to swipe
their office cards and didn’t have to give advance notice for vacations.
Giving breaks to one “politically connected” group over others frustrates the
purpose of the Shakman agreement, Meacham wrote.
That agreement does not directly address nepotism, but Berrios’ decision to put
his sister, Carmen, and his son, Joseph, on the payroll drew the attention of the
County Board of Ethics, which sought to fine Berrios $10,000 in 2012.
A judge ruled in 2015 that the assessor had to comply with the county’s ethics or-
dinance and the board of ethics had the authority to investigate the assessor. But the
ruling also said the ordinance did not authorize the board to impose fines. County
taxpayers wound up paying a total of about $300,000 to cover both sides of the legal
battle, records show, and county commissioners passed a new ordinance giving the
board the power to levy fines in the future.
Berrios’ son no longer works at the assessor’s office. His sister now is deputy as-
sessor over taxpayer services and public outreach.
As Berrios headed into his second term in late 2014 — after running unopposed
in the primary and general elections — Meacham issued a report that made it clear
the assessor still had many issues to overcome. High-level aides in the assessor’s of-
fice, Meacham wrote, had characterized Shakman standards as “not a priority” and
“being without value.” Overall, he wrote, “The general impression of the employees
in the office was that employment actions were based on nepotism, favoritism, or
politics.”
‘Not a priority’
Deborah Ellis, chosen from 53 applicants to serve as compliance director in Ber-
rios’ office, started her job in the summer of 2013. Meacham praised her as a “well-
qualified individual with strong investigative skills, law enforcement experience,
experience in government, and a firm commitment to service.”
But Meacham also described Ellis as “frustrated” with arbitrary personnel ac-
tions and “hampered” by the assessor’s office in trying to investigate potential ir-
regularities in hiring, promotions and discipline.
“She advocated for written policies and procedures and a transparent and fair
process for all employees, to no avail,” he wrote.
In a report to Meacham and Berrios, two months before his re-election, Ellis
complained of a lack of communication with Berrios and his top staff, calling the
matter a “critical area which needs vast improvement.”
The assessor had not “involved himself in any conversation regarding compli-
ance efforts” with her, Ellis wrote in the September 2014 report, and his chief of
staff is “very rarely involved.”
The next month, in October, Berrios fired Ellis. A new internal compliance direc-
tor did not come aboard until February 2016 — more than a year later.
The assessor’s office blames that delay on the monitor. In a December 2014 re-
port, Meacham had recommended that Ellis’ position remain vacant until “such
time as the assessor’s office demonstrates a willingness to effect actual and mean-
ingful reforms.”
In the same report, Meacham demanded that the assessor’s office hire “a pro-
fessional” as head of human resources. Establishing professional human resources
departments had been a “key driver” for Emanuel and Dart in meeting Shakman
standards, Meacham noted.
But under Berrios, Meacham wrote: “There were no written policies and proce-
dures for the employees to reference or for the office to follow. The contents of the
personnel files were not standardized. There was no discernible disciplinary policy,
overtime policy, promotion policy or hiring protocol that had been consistently uti-
lized.
“There were no performance evaluations,” he added. “Position descriptions and
organization charts were incomplete and inaccurate.”
Meacham also criticized an “opaque process” in employment decisions that ap-
peared to include only Victoria LaCalamita and the assessor.
Berrios disputed that point in an interview. “That’s not the case,” he said. “Not at
all.”
Records show Meacham viewed it as “impossible” for the assessor’s office to
comply with Shakman standards as long as LaCalamita ran the human resources
operation.
Ellis raised similar issues as Berrios’ director of compliance. In a September 2014
review of the assessor’s office, she wrote that LaCalamita was “inconsistent and un-
predictable” in responding to inquiries and often challenged Ellis’ authority.
Berrios moved LaCalamita from human resources the following month — around
the same time he fired Ellis.
By May 2015 — six months into Berrios’ second term and well into his third year
under a federal monitor — Meacham reported that numerous ongoing delays, a lack
of written policies and resistance to issues the monitor raised “all suggest that Shak-
man is not a priority in the assessor’s office.”
“As always, actions are telling,”
Meacham wrote.
In a coda to that May report, he
said the “lack of meaningful prog- THE SHAKMAN DECREE
ress that has characterized this The far-reaching anti-patronage court
endeavor will continue to the det- orders known as the Shakman decree
riment of those employed by the date to 1972 and came about after at-
assessor, those who seek to be em- torney Michael Shakman filed suits
ployed by the assessor and, most against local governments over wide-
significantly, the taxpayers of Cook spread patronage abuse. The orders
County.” prohibit basing public employment ac-
In his last report, filed in August tions such as hiring, firing and promo-
2015, Meacham described the as- tions on political factors, with excep-
sessor’s progress toward compli- tions for policy-making jobs. If a judge
ance as slow but steady. “Much re- finds a government to be in compliance
mains to be done,” he wrote. with the order, then federal court over-
Attorney Susan Feibus took sight is ended.
over monitoring duties in Febru-
ary 2016 after Meacham voluntari-
ly resigned.
Later that year, in her first report, Feibus determined Berrios had “paid lip ser-
vice” to achieving Shakman standards and his “conduct has belied a genuine com-
mitment to the process.”
She also trained her attention on Berrios’ promotion of his daughter Vanessa to
the high-level job of director of industrial and commercial valuations in April 2016
— a move that came with a significant boost in salary.
Vanessa Berrios’ annual pay was $80,373 in 2015 while she worked as a man-
ager of industrial and commercial valuations, but her salary in 2016 as director was
$107,099, the monitor wrote.
The promotion “flagrantly violated” employment guidelines the assessor should
have followed even though it was a management post with leeway in hiring, Feibus
wrote in August 2016. For one thing, she noted, the younger Berrios didn’t have the
minimum five years of management experience outlined in a job description up-
dated only months earlier.
Ignoring the updated job description, the assessor’s office deemed Berrios’
daughter to be eligible under an older job description that, Feibus said, officials “er-
roneously” interpreted as requiring no managerial experience. Feibus said requir-
ing no managerial experience for such a high-ranking job was “ludicrous,” but her
objections “went unheeded.”
Berrios said in an interview that Vanessa Berrios was just short of five years as a
manager at the time of her promotion and that she built up that experience in the
same department where she was promoted.
“She’s doing a fabulous job for us,” he said.
Progress report
Overall movement in the assessor’s case is tracked every couple of months in
Judge Sidney Schenkier’s federal courtroom, where the sounds of street traffic and
sirens filter up from 18 floors below.
In a post-Thanksgiving status hearing last month, Berrios and his team, Feibus
and an aide, and Shakman attorney Brian Hays marked a minor milestone when the
assessor’s office confirmed that job applications had gone online earlier in Novem-
ber. A monitor report from August 2015 had said that the office’s paper application
process “encourages confusion and distrust” in hiring.
For a time, Berrios attempted to set up his own electronic application process,
but amid mounting pressure from Schenkier, Feibus and Hays, he worked out a way
to join the online system used by other county offices.
As it happens, however, Berrios is starting to use the online system just as county-
wide budget cuts are forcing him to lay off workers, diminishing the immediate need
for electronic applications.
“The Catch-22 we’re in is, we’re not going to be using it anytime soon because
we’re not going to be hiring,” said Tom Nowinski, a former assistant state’s attorney
with Shakman experience whom Berrios hired this year to work solely on helping
to bring the assessor’s office into compliance.
The parties also are moving forward on employee evaluations, updated job de-
scriptions and other policies and procedures, records show. Berrios has increased
the number of people in human resources, although he’s still under pressure to im-
prove the department, and he’s put in place an employment plan that gives a better
road map for the office.
“We’ve made significant progress,” Berrios said.
Berrios spokesman Tom Shaer said “there is no material non-compliance” in the
assessor’s office. But Feibus, who wrote in September of the office’s “excellent prog-
ress” in writing policies, pointedly noted that “drafting policies is only the first step.
Implementation is equally, if not more, important.”
Hays added that only in the last six months did the assessor’s office “finally begin
drafting policies and procedures required under the September 2012 agreed order.
The assessor’s office has also begun updating job descriptions that had not been
updated since 2006 or earlier.”
Berrios said the delay in bringing his office into compliance can be blamed on
the changeover in monitors — as well as their use of five different assistants along
the way. The turnover, he said, slowed progress and drove up costs in ways he can’t
control.
“I can only move as fast as they allow me to move,” Berrios said.
Shakman disagreed: “They’re trying to blame somebody else for their delay.”
Ellis, who now works as an attorney for the federal government, said recent re-
ports from the court monitor describe the same lack of commitment she saw in the
assessor and his team during her time as director of compliance.
“It doesn’t look like that has changed,” she said.
This report is a collaboration between the Tribune and ProPublica Illinois, an inde-
pendent, nonprofit journalism organization.
Questions? Call 1-800-Tribune Friday, December 15, 2017 Breaking news at chicagotribune.com
DANGEROUS DOSES
says she
warned
of dangers
Mixing Seroquel,
methadone can be
fatal, lawsuit says
By Sam Roe
Chicago Tribune
patients at New York Dozens of protesters unite outside the FCC building in Washington to voice opposition to the agency’s 3-2 vote to end net neutrality rules.
Chicago Weather Center: Complete $1.99 city and suburbs, $2.50 elsewhere
Tom Skilling’s forecast High 33 Low 25
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8 Chicago Tribune | Section 1 | Friday, December 15, 2017
Lawsuit alleges
Square Neighborhood As- Representing the plain- racism that gave rise to campaign. In July 2015, the asses- the county’s re
sociation, nonprofit organi- tiffs are three Chicago law Chicago’s extreme housing Frank Shuftan, Preck- sor’s office issued a news sessment syste
zations that help low-in- offices: Miner, Barnhill & segregation through racial winkle’s chief spokesman, release stating that it had against minoriti
come, minority residents Galland, the public-interest steering, discriminatory said she just learned the “implemented a new state- The patte
with housing matters. firm where former Presi- zoning and restrictive cove- lawsuit had been filed. He of-the-art” residential as- decadeslong
bias in assessments
“It is fundamentally un- dent Barack Obama began nants.” said it would be reviewed by sessment model that im- housing disc
fair that families in this his legal career; Hughes, Berrios has been under county attorneys. proved accuracy by 50 per- redlining and o
community are required to Socol, Piers, Resnick & fire since the Tribune pub- “There is an ongoing re- cent and cut regressivity by have punished
pay artificially inflated taxes Dym, a high-powered litiga- lished “The Tax Divide” in view of the residential 25 percent. and fueled seg
for their homes and bear a tion firm that has taken on June. Since then, the Cook property tax system led by Yet a Tribune analysis of Cook County,
disproportionate share of
the tax burden in Cook
County,” said Patrick Bros-
Berrios’ system hurts the poor, litigation claims
numerous pro bono cases; County Board has sum- Civic Consulting Alliance,”
and the Chicago Lawyers moned Berrios to testify Shuftan added. “We have
Committee for Civil Rights, about his office’s methods great faith in the good work
residential assessments
suggested the office never
implemented the new mod-
alleges.
“Today, (th
practices are in
nan, of the Brighton Park founded in the aftermath of and practices, and Board of CCA and look forward to el. Confronted by reporters, injuries on thes
Neighborhood Council.
The lawsuit asks the
By Jason Grotto and Hal Dardick
the Rev. Martin Luther King President Toni Preckwinkle their findings.”
Jr.’s assassination and police ordered an independent re- Preckwinkle, who calls
officials first said the office
had used both the old and
munities — by
disadvantage,
court to force the assessor’s
office to adopt new residen-
misconduct during ProPublica
Democratic National Con- ments.
Illinois
the 1968 view and Chicago
of residential Tribune
assess- herself a Berrios friend and
ally, announced that study
the new models, though
they refused to explain how.
capital out of
borhoods again
tial valuation methods that vention in Chicago. State and county law- in July, when commission- When reporters pointed out uating institutio
produce fair and accurate “What we see in this case makers introduced legisla- ers called Berrios before the numerous errors the office
A group of public-interest lawyers filed a lawsuit Thursday alleging that embat-
results; to disclose all re-
cords, methods and com-
is the perpetuation of a tion limiting the assessor’s County Board to answer
system that disproportion- ability to raise campaign questions about the assess-
made when running the
new model, officials
This article is a c
between the Ch
tled Cook County Assessor Joseph Berrios violated state and federal civil rights and
puter code necessary to
allow the public to replicate
ately impacts communities funds, and the county’s in- ment system in the wake of
of color and continues to dependent inspector gen- publication of “The Tax
changed their story. In-
stead, they said they had
une and ProPub
an independen
housing laws by knowingly producing inaccurate assessments that punished poor
the assessor’s work; to ap-
point an independent moni-
strip capital from already eral launched an investiga- Divide.”
struggling neighborhoods,” tion of the office. Three months later, com-
used the old one as a
baseline — while again re-
journalism orga
The lawsuit, filed in Cook County Circuit Court, contends the county’s “residen-
tial property tax scheme is neither accurate nor uniform” and is “perpetuating in-
Antioch man denies alleged sex abuse in Peru
stitutional racism” by shifting the tax burden from wealthier, majority-white neigh-
Abuse , from Page 1 ing lay people in the Catho- he is uncertain why such from any Peruvian or U.S. His mother b
lic faith. But the independ- allegations were levied officials regarding Daniels. to the Catholic o
known as the SCV. ent investigators noted that against him.” It is unclear whether in 1995 becau
The charges were con- he led boys ages 12 to 16 in The SCV report, which Peruvian authorities have getting bullied a
firmed by an aide to Peruvi- Bible studies and group outlines alleged sexual initiated efforts to have needed suppor
an Congressman Alberto de activities and took them on abuse by former leaders and Daniels extradited, but a torship. Instead
Belaunde, who added that mission trips. members of the society, spokesman for the FBI said leges, he was
borhoods to poorer, minority neighborhoods.
The lawsuit also alleges a lack of transparency in the office, contending the “se-
crecy is antithetical to democratic accountability and undermines public trust and
confidence in the residential property tax system.”
Specifically, the lawsuit alleges that county assessments overvalue low-priced
homes while undervaluing high-priced ones. Known as regressivity, that flaw leads
to deep inequities in property taxes that break down along racial and ethnic lines,
with poor, black and Hispanic homeowners paying more than they should while
wealthier and white residents pay less.
As a result, the lawsuit argues, the county violated the Illinois Civil Rights Act,
equal protection clauses of the state and federal constitutions, and the federal Fair
Housing Act.
In response to the lawsuit, a spokesman for Berrios issued a blanket denial that
anything is amiss with the office’s assessment system, but he declined to comment
on the specific allegations in the complaint. The office has repeatedly denied that
assessments are unfair or plagued with errors.
“We again state that property assessment in Cook County is done correctly and
fairly,” Tom Shaer, the spokesman, said in a written statement. “We do not comment
on possible or pending litigation.”
Drawing heavily from the Chicago Tribune’s series “The Tax Divide” as well as
studies conducted by the lawyers, the Illinois Department of Revenue and a num-
ber of academics, the lawsuit alleges that Berrios “systematically and illegally shifts
residential property tax burdens” across the county.
The investigation has continued with an examination of commercial and indus-
trial assessments, published last week in collaboration with ProPublica Illinois.
Residential properties in Hispanic and black census tracts, for example, were
twice as likely as those in white tracts to be over-assessed by 20 percent or more,
according to the lawyers’ study —yet another in a long line of reports finding the as-
sessment system to be error-ridden and deeply unfair.
The assessor’s office has pushed back against critics, saying there is no bias in its
assessments. Berrios has offered no evidence to back up the claim, however.
Attorneys filed the lawsuit on behalf of the Brighton Park Neighborhood Council
and the Logan Square Neighborhood Association, nonprofit organizations that help
low-income, minority residents with housing matters.
“It is fundamentally unfair that families in this community are required to pay
artificially inflated taxes for their homes and bear a disproportionate share of the
tax burden in Cook County,” said Patrick Brosnan, of the Brighton Park Neighbor-
hood Council.
The lawsuit asks the court to force the assessor’s office to adopt new residential
valuation methods that produce fair and accurate results; to disclose all records,
methods and computer code necessary to allow the public to replicate the assessor’s
work; to appoint an independent monitor who would ensure the office follows the
court’s orders; and to award monetary damages.
Representing the plaintiffs are three Chicago law offices: Miner, Barnhill & Gal-
land, the public-interest firm where former President Barack Obama began his legal
career; Hughes, Socol, Piers, Resnick & Dym, a high-powered litigation firm that
has taken on numerous pro bono cases; and the Chicago Lawyers Committee for
Civil Rights, founded in the aftermath of the Rev. Martin Luther King Jr.’s assassi-
nation and police misconduct during the 1968 Democratic National Convention in
Chicago.
“What we see in this case is the perpetuation of a system that disproportionately
impacts communities of color and continues to strip capital from already struggling
neighborhoods,” said Aneel Chablani, of the Chicago Lawyers’ Committee for Civil
Rights. “It’s the same type of institutional racism that gave rise to Chicago’s extreme
housing segregation through racial steering, discriminatory zoning and restrictive
covenants.”
Berrios has been under fire since the Tribune published “The Tax Divide” in
June. Since then, the Cook County Board has summoned Berrios to testify about his
office’s methods and practices, and Board President Toni Preckwinkle ordered an
independent review of residential assessments.
State and county lawmakers introduced legislation limiting the assessor’s ability
to raise campaign funds, and the county’s independent inspector general launched
an investigation of the office.
All of the actions have increased pressure on the two-term assessor as he heads
into a re-election campaign.
Frank Shuftan, Preckwinkle’s chief spokesman, said she just learned the lawsuit
had been filed. He said it would be reviewed by county attorneys.
“There is an ongoing review of the residential property tax system led by Civic
Consulting Alliance,” Shuftan added. “We have great faith in the good work of CCA
and look forward to their findings.”
Preckwinkle, who calls herself a Berrios friend and ally, announced that study in
July, when commissioners called Berrios before the County Board to answer ques-
tions about the assessment system in the wake of publication of “The Tax Divide.”
Three months later, commissioners again grilled Berrios, questioning whether
he was trying to delay the completion of that study beyond the March Democratic
primary. Berrios denied any attempt at delay, saying that he was cooperating with
the review.
Following the joint ProPublica Illinois-Tribune investigation last week that ex-
posed similar flaws in commercial and industrial assessments, both Republican Gov.
Bruce Rauner and Democratic gubernatorial candidate Chris Kennedy called on
Berrios to resign. Three members of Congress, meanwhile, endorsed Fritz Kaegi,
one of Berrios’ opponents.
Berrios also is chair of the Cook County Democratic Party.
Berrios’ campaign manager, Mario Lopez, responded to the lawsuit, calling it
“politically motivated.” Lopez contended that the suit’s “main focus ... stems only
from claims in articles” published by the Tribune.
He called the “The Tax Divide” series —which found the residential assessment
system under Berrios to be fundamentally flawed and unfair —misleading and inac-
curate.
While the lawsuit does mention the Tribune’s findings, it also cited Illinois De-
partment of Revenue statistics and conclusions drawn by the University of Illinois
at Chicago and University of Chicago to support its allegations.
In addition to describing inequities in the Cook County system, the lawsuit fo-
cuses on details revealed in “The Tax Divide” that show Berrios’ office failed to de-
liver on promised reforms.
In July 2015, the assessor’s office issued a news release stating that it had “imple-
mented a new state-of-the-art” residential assessment model that improved accu-
racy by 50 percent and cut regressivity by 25 percent.
Yet a Tribune analysis of residential assessments suggested the office never im-
plemented the new model. Confronted by reporters, officials first said the office
had used both the old and the new models, though they refused to explain how.
When reporters pointed out numerous errors the office made when running the
new model, officials changed their story. Instead, they said they had used the old
one as a baseline — while again refusing to discuss their methods.
As pressure mounted, the assessor’s office began attacking the new model as
widely inaccurate and accused the experts who built it of being dishonest, despite
internal studies showing the new model outperformed the old one.
The 2015 news release is now part of the lawsuit, which argues that Berrios knew
residential assessments were unfair, misled the public and failed to make improve-
ments.
The office’s “evasions and deceptions undermine public trust and confidence in
the residential property tax system and do not comport with democratic principles,
which require that government officials be accountable to the public,” the lawsuit
says.
The lawyers relied on their own analysis as well as studies by the Tribune, the
University of Chicago, the Illinois Department of Revenue and others to support
their assertion that residential assessments are error-ridden and unfair.
In the predominantly black and Hispanic working-class neighborhoods of North
Lawndale and Little Village, for instance, effective tax rates were twice as high as
in the affluent and mostly white Gold Coast and Lincoln Park neighborhoods, the
plaintiffs’ study found.
In a fair system, the effective tax rate would be nearly identical for all neighbor-
hoods in a taxing district.
The study also found that as the percentage of white residents in a census tract
increased, the ratio between the assessor’s values and actual sale prices decreased —
yet more evidence that the county’s residential assessment system is biased against
minorities.
The pattern fits a decadeslong history of housing discrimination, redlining and
other ills that have punished minorities and fueled segregation in Cook County, the
lawsuit alleges.
“Today, (the office’s) practices are injecting new injuries on these same commu-
nities — by taxing their disadvantage, stripping capital out of their neighborhoods
again, and perpetuating institutional racism.”
This article is a collaboration between the Chicago Tribune and ProPublica Illinois,
an independent, nonprofit journalism organization.
CHICAGO SPORTS Cubs starting
David Haugh: Both teams won in crosstown trade that gives Chicago new energy. NICK WASS/AP
Questions? Call 1-800-Tribune Tuesday, July 18, 2017 Breaking news at chicagotribune.com
hoods by offering “Chicago and five cars. Ferguson revealed a fresh A new watchdog report reveals additional inflammatory
Safari” tours, a new watch- Those emails about fire- string of anti-black emails Turn to Emails, Page 5 emails in an investigation the Tribune first disclosed in May.
Republican
health care
bill succumbs
Senate GOP leader pivots, seeks repeal
legislation as effort loses 2 more votes
By Lisa Mascaro and said late Monday that he
Noam N. Levey will instead try to hold a
Washington Bureau vote in the coming days on
a repeal-only bill, with a
WASHINGTON — Re- two-year delay to give
publican efforts to replace Congress time to pass a
the Affordable Care Act replacement health care
collapsed in the Senate on law.
Monday evening as two Prospects for such a bill
more GOP senators an- remain unclear since it
nounced they would op- could leave millions of
pose the latest plan backed Americans without cov-
by their party’s leadership. erage and wreak havoc on
The announcements by the insurance industry.
Sens. Mike Lee of Utah “Regretfully, it is now
and Jerry Moran of Kan- apparent that the effort to
sas brought to four the repeal and immediately
number of Republican replace the failure of Oba-
senators opposed to bring- macare will not be suc-
ing the bill to the Senate cessful,” McConnell, R-
NANCY STONE/CHICAGO TRIBUNE
floor for debate. With all Ky., said in a statement.
Chicago Weather Center: Complete $1.99 city and suburbs, $2.50 elsewhere
Tom Skilling’s forecast High 80 Low 65
forecast on back page of A+E section 170th year No. 199 © Chicago Tribune
ALL BARK
Tuesday, July 18, 2017
According to a gun trace report, many weapons recovered at Chicago crime scenes
came from just 10 area businesses, with one in Melrose Park leaping into the list
CHRIS CARLSON/AP
Rizzo
to cancer
patients:
Be strong
Cubs first baseman earns
Clemente Award for work
with kids with illnesses
By Paul Sullivan ZBIGNIEW BZDAK/CHICAGO TRIBUNE
Chicago Tribune A Nagant revolver sold in March 2015 at Suburban Sporting Goods in Melrose Park was used four months later in a killing, police records say.
A sweeping gun trace report A family photo of Charzelle Hayes, 25, who was shot and killed in July
Turn to Rizzo, Page 2 to be publicly released by the city Turn to Guns, Page 4 2015 with a gun traced back to the Melrose Park gun shop.
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Tom Skilling’s forecast High 44 Low 32 forecast on back of Chicago Sports 170th year No. 301 © Chicago Tribune
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Timothy Ward was a convicted felon barred from possessing a
firearm on the night he fatally shot a man during an argument on
Chicago’s West Side.
Minutes after the July 2015 slaying, police stopped a light-colored
van and found the suspected murder weapon — a black revolver —
under the front passenger seat where Ward had been sitting.
The gun had been sold just four months earlier at Suburban
Sporting Goods in Melrose Park, a cramped strip mall store about 10
miles from the gritty block where 25-year-old Charzelle Hayes was
killed, according to Chicago police. Ballistics matched the Nagant
revolver to bullets removed from Hayes’Sunday,
body,October
police28,said.
2017
Preckwinkle sought 3
progress and continuing to engage with the various stakeholders.”
“Everyone’s goal is to get this right, and our belief is that by continuing to work
in good faith, we can achieve that,” Preckwinkle spokesman Frank
Shuftan said. Assessor says he won’t pletion,
drawing c
The uncertainty remains four setmonths
deadlinesince theforChicago
reportTri- cism from
bune published its “Tax Divide” series. The investigation conclud- county c
ed the county’s property tax system created
By Hal Dardick an unequal burden mission
on residents, handing huge financial breaks
Chicago Tribune to homeowners who who wan
are well-off while punishing those who have the least, particularly answers.
people living in minority communities.A review of Cook County’s er, a Pr
Preckwinkle, who is seeking fundamentally
a third term next flawed property
year, is an ally Berrios winkle
tax system is stuck
of Berrios, the powerful county Democratic chairman. In July, in neutral Berrios would o
Preckwinkle announced that an more thanevaluation
outside three months after tax assessment say they w
of the property
board President Toni Preckwin- “making deliberate prog
system was underway, with a group called the
kle ordered Civic
it up, Consulting
but Assessor Alliance heading it to engage w
and continuing
up. She did soTRIBUNE
CHRIS WALKER/CHICAGO as Berrios was being grilled
Joseph by commissioners
Berrios duringthe
denies he’s try- a hearing
variousinstakeholders.”
the
wake of the Tribune series. ing to delay the study until after “Everyone’s goal is to get
On Friday, Berrios was back on the hot seat at his annual
he runs for re-election in right, budget hearing. He belief is tha
and our
e flu shot Thursday at the from Commissioner
faced questions March.Richard Boykin, an Oak Parkcontinuing Democrat who to work in g
h Side. Researchers at the Uni-
represents large swaths of the West Side and Maywood, areas where many low- achieve th
Appearing at a budget hear- faith, we can
ason may be worse
income than average,
African-American ing Friday,
homeowners Berrios could offer Preckwinkle spokesman Fr
live.
ar’s. Chicagoland, Pagehas
“What 3 happened (sinceno timeline onannouncement)?”
Preckwinkle’s the study’s com- Boykin Shuftan said.
asked.
Berrios said the Consulting Alliance and Tyler Group — a contractor being paid
to work on county computer systems — were looking into the issue.
“There are various different (assessment) models out there,” Berrios said. “The
Chicago Weather Center: Complete $1.99 city and suburbs, $
orecast model 44 Cook
Highthat 32 forecast
Low County has used has been one that has been very efficient, and
they are looking at it all, and if theyon
canback
comeof upChicago better system,170th
with aSports we willyear No. 301 © Chi
abso-
lutely use a better system.”
Leinenkugels
12pk., 12oz. Bottles
Pressed on how quickly the work would be done, Berrios said the Consulting Al-
liance had been “given space” to work in his office, but he wasn’t going to give the
group a deadline.
“Whether I like the report or don’t like the report, they’re gonna come up with
an independent report, and for me to tell them they need it by a certain date and
demand that they finish it by a certain date, to me would be unfair to them,” Berrios
said. “They’re coming in to look at not only the system, they’re looking at the entire
system within the office. And they’re going to look at the Board of (Tax) Review
also.”
A few minutes later, Commissioner Peter Silvestri, an Elmwood Park Republi-
can, asked about the status of the review. Responded Berrios: “I can’t tell them what
to do.”
The hearing came a day after county Clerk David Orr, an independent Democrat,
endorsed first-time candidate Fritz Kaegi in his bid to unseat to unseat Berrios in
the March primary election.
Orr said he’s frustrated that there have been no changes since the Tribune’s sto-
ries ran in June. In the meantime, thousands of homes have been reassessed, he
said. And despite Preckwinkle’s July announcement, two steering committee meet-
ings to move that process along have since been canceled, Orr said.
“I believe the assessor’s problem is enormous and it is getting not enough atten-
tion,” Orr said in a recent interview. “This is like this great big threat is all around us,
and we’re still peddling along with our tricycle.”
After Friday’s hearing, Berrios said further meetings were put off because law-
yers for the county and Consulting Alliance were determining “how far they could
go legally,” given court cases “that the county’s defending right now.”
“It had nothing to do with us,” Berrios said when asked if political motivations
played a role. “We’ve been cooperating.”
Berrios said he expected another steering committee meeting in the next week
or two. “I want them to tell me where they’re at,” he said.
The steering committee met once, in August, when a timeline for the study pro-
cess was distributed. Officials hoped to agree on “specific improvement areas” by
mid-November and have “solutions developed” before Christmas.
Asked by the Tribune if there was any effort to push off completion of the study
until after the March primary, Berrios said: “No, not all. I want to know what the
heck is going on.”
“If they come in with an idea that makes the system better, I will implement it
immediately,” Berrios said
It wouldn’t be the first time Berrios promised changes to the system.
The “Tax Divide” series noted that Berrios issued a July 2015 news release stat-
ing that his office had adopted new state-of-the-art computer models designed to
improve accuracy and address inequalities in the assessment system put together
with the help of outside experts. Berrios never fully implemented that system, the
series found.
In July, Berrios said the newer system — a model backed by a MacArthur Foun-
dation grant — was inaccurate. The new model was created under the direction of
Christopher Berry, a University of Chicago public policy professor who has main-
tained no further studies are needed and would be “a waste of time.”
After Friday’s hearing, Boykin said he remains concerned about the assessment
system.
“There’s no timeline that he put forward that taxpayers of Cook County are go-
ing to get an assurance that we’re going to get a system in place that’s going to be fair
in terms of these assessments,” Boykin said.
Taxpayers, he added, “would say the system is broken, and it’s badly broken and
in need of serous repair. Quite frankly, we can’t just have window dressing, and put
these committees forward to get through the next election.”