[Adopted 4-2-1996 by L.L. No. 5-1996]
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of Consumer Affairs of the County of Rockland.
COMPLAINANT
The owner, contract vendee, or estate of the decedent owning real property.
OFFICE
The Rockland County Office of Consumer Protection.
OWNER
The last person in whose name the affected property appears in the records of the Rockland County Clerk as certified by an abstract or a title insurance company licensed by the State of New York. "Owner" shall include the authorized agent of an owner.
PERSON
Any natural person, individual, firm, partnership, association, entity or corporation, other than an attorney.
PROPERTY
Any residential property eligible for assessment review.
TAX ASSESSMENT CONSULTING SERVICE
Any person, individual, partnership, corporation, joint venture or other entity which provides or offers to provide, for any compensation or consideration, whether direct or indirect, any service to assist the complainant or the authorized agent of the complainant of any property located within the County in obtaining a reduction in the assessed valuation of such premises from the Board of Assessment Review and the Town assessing unit.
A. 
No tax assessment counseling service shall:
(1) 
Claim or otherwise hold itself out, whether directly or indirectly, to be a governmental entity or a part thereof or to be affiliated with an entity of government.
(2) 
Claim or imply, directly or indirectly, that a complainant is overpaying real property taxes, unless such service shall have supported such allegations by furnishing the complainant with specific information directly relating to the affected parcel of real estate.
(3) 
Claim or imply, directly or indirectly, that the only effective method by which a complainant may receive a tax assessment reduction is through use of a tax assessment consulting service.
(4) 
Charge a complainant a fee that exceeds, in the aggregate, 100% of the first year reduction in actual property taxes to be paid by the complainant as a result of a successful challenge that reduces the assessed valuation of a complainant's premises. Any such fee shall be paid only from the first year reduction.
B. 
No tax assessment consulting service shall enter into a contract or an agreement with a complainant unless such contract shall contain the following information or provisions in a conspicuously and clearly written manner in type size no smaller than 12 point (pica):
(1) 
A schedule of the fees charged by such service.
(2) 
A provision permitting the claimant, at any time within three days after having entered into such contract or agreement, to cancel such contract or agreement completely and receive a full and prompt refund of any fee or deposit already paid by such complainant to such tax assessment consulting service. Any provision in a contract or retainer that purports or attempts to nullify, vacate, or in any manner restrict the right of cancellation described in this subsection shall be completely void and unenforceable.
(3) 
A notification clearly distinguishing between assessments and actual taxes paid by a property complainant and clearly explaining that the challenge is related to the assessed value of the subject property and not the actual taxes paid on that assessment.
(4) 
A provision requiring that a tax assessment consulting service shall not retain any refund of taxes received by the service as a result of the judicially ordered reduction for a period of more than 30 days without refunding same to the complainant/mortgagor, less uncollected fees due such service, if applicable, except for the following conditions:
(a) 
The complainant has relocated without notifying the service representing such complainant of same in writing;
(b) 
The mortgagor has defaulted on the underlying mortgage or has agreed in writing to the contrary with the mortgagee;
(c) 
Title to the affected property has been transferred subsequent to the filing of a complaint for the affected property; or
(d) 
The amount of the refund or some aspect of the refund check is questionable or in error.
(5) 
A notification that a complainant is not required to use a tax assessment consulting service in order to file for and or receive a tax assessment reduction.
(6) 
A statement as to the extent to which the tax assessment consulting service will proceed with an individual's claim to reduce a tax assessment.
(7) 
A statement signed by the property owner indicating that he or she clearly understands that the contract being entered into permits the agent to act as the sole agent in consulting services.
It shall be unlawful for any person to provide or offer to provide tax assessment consulting services within the County of Rockland or on behalf of any complainant without first obtaining a license from the office in accordance with the provisions of this article except for the following:
A. 
Attorneys licensed to practice law by the State of New York.
B. 
Real estate appraisers licensed by the State of New York.
A. 
All applications for licenses shall be submitted in writing on forms furnished by the office and shall be accompanied by a nonrefundable application fee in the amount of $200.
B. 
The license application shall be signed under oath. Where a corporation is an applicant or participant in such an application, the application shall be signed under oath by an officer of such corporation.
C. 
All applications shall include the residence address of the individual who subscribes his or her name to the application.
D. 
The Commissioner may require the names and residence addresses of any employees or officers of the applicant, in addition to any other information which he or she may deem advisable and proper.
E. 
An individual applicant must be at least 18 years of age and of good character.
F. 
The Commissioner shall investigate such applicant as to good character before he or she shall issue the applicant a license.
G. 
The applicant shall meet such further qualifications as may be prescribed by this section and any other appropriate section of this article, including such licensing examination as may be established by the Commissioner.
H. 
The office shall issue a license or temporary license to each applicant who has submitted satisfactory evidence of his or her qualifications and who has complied with all of the requirements of this article.
A. 
All licenses, except temporary licenses, shall be for a period of one year from the date of issuance thereof, at the discretion of the office, and shall expire on the last day of the 12th month after such issuance. Fees payable upon renewal shall be in the amount of $150.
B. 
No licenses hereunder shall be assignable or transferrable.
C. 
Failure to make application and pay the required annual fee for a license renewal prior to the expiration date of said license shall render the license null and void on the expiration date. Compliance with the provisions of this subsection shall entitle the licensee to the renewal of his or her license, provided that such license has not been suspended or revoked by the Commissioner.
D. 
The death of the individual who holds a valid license issued pursuant to this article shall terminate such license.
E. 
A license issued in the name of an individual may be assigned or transferred for the remainder of the license period to a partnership, corporation or other entity, provided that the individual holding such license is a general partner of such partnership, the owner of not less than 25% of the outstanding voting shares of such corporation, or the holder of not less than 25% interest in any other entity at the time of the assignment or transfer. The application for such transfer or assignment must be accompanied by evidence satisfactory to the Commissioner that the above set forth requirements have been satisfied. No assignment or transfer shall become effective until proper endorsement evidencing said transfer or assignment has been made on the face of the license by the Commissioner and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made by the payment of a fee of $25.
F. 
Each individual licensee shall, within 10 business days after a change of control of ownership or management, apply for the assignment or transfer of a license specified in Subsection E, or such license shall terminate. Every other licensee shall, within 10 business days after a change of control or management, notify the office, in writing, of such change.
G. 
No licensee shall authorize or permit the use of his or her license by or on behalf of any other person.
H. 
Each licensee shall, within 10 business days after a change of address, notify the office, in writing, of such change.
I. 
A licensee who determines not to engage in the activity regulated herein may make application to the office to deactivate temporarily his or her license issued pursuant to this section for a period not to exceed three years. The licensee will submit with the application for shelving said license a fee of $50 for each annual period of inactivity sought.
A duplicate license may be issued for a license which has been lost, destroyed, or mutilated, upon application therefor on a form prescribed by the Commissioner and the payment of a fee of $50. Each such duplicate license shall have the word "Duplicate" stamped across the face thereof and shall bear the same number as the one it replaces.
A. 
Any agreement to provide tax assessment consulting services entered into subsequent to the effective date of this article by a person who provides such services and who, on the date of such agreement, does not possess a valid license to engage in such a service shall be unenforceable by him or her and shall be voidable at the option of any other party to the contract. Nothing contained herein shall be construed to prevent any other party to the contract from enforcing its terms.
B. 
Any agreement entered into in violation of § 355-56B of this article shall be null and void ab initio and of no force and effect.
A. 
The Commissioner shall have the power to impose a civil penalty not to exceed $5,000 upon a licensee, to suspend or revoke a license, or to deny an application for the renewal of a license for any one or more of the following causes:
(1) 
Fraud, deceit, misrepresentation or bribery in securing a license.
(2) 
The making of any false statement in application for a license.
(3) 
Violation of any provision of this article, any other appropriate law, or any rule or regulation promulgated thereunder.
(4) 
Fraud, deceit, or misrepresentation in securing any donation.
(5) 
Violation of any provision of § 355-56 or 355-57 of this article.
(6) 
Negligence resulting in the dismissal of the complainant's claims.
B. 
No license shall be suspended or revoked nor a penalty imposed until after a hearing has first been held before the Commissioner upon at least seven business days' notice to the licensee. Such notice shall be served either personally or by certified mail, return receipt requested, to the last known address of the licensee and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such licensee. The licensee may be represented by counsel and may produce witnesses in his or her own behalf. A record of the hearing shall be taken and preserved. For purposes of such hearing, the Commissioner may administer oaths, take testimony, subpoena witnesses, and compel the production of books, paper, records or other documents deemed pertinent to the subject of the hearing.
In addition to any other penalty, fine, right, cause of action or claim provided by this article or any other law, any third intentional violation (not arising out of a single incident) by a tax assessment consulting service of any of the provisions of § 355-56 or 355-57 of this article shall render such violator liable to the payment to the County of Rockland of a civil penalty, recoverable in an action brought in a court of competent jurisdiction, in the sum of not more than $10,000 for each such violation.
Failure to comply with any provision of this article shall constitute a Class A misdemeanor, punishable by a fine not to exceed $10,000 and/or up to one year imprisonment.
This article shall apply to any agreements or contracts to render tax assessment consulting services entered into subsequent to the effective date of this article.