Below is a response from the CEO of NSBAR to my last post asking why the NSBAR feels t
he need to
interfere with the home rule of the City of Highwood.
My response to her is as follows:
I personally contacted the office of the Recorder of Deeds and this is what the assistant recorder told me; "nothing has changed at this office... we will continue to accept deeds with the stamp until the States Attorney's office instructs us to do otherwise". In any case, the legality of the zero dollar transfer stamp is largely procedural and ultimately a straw man argument. Transfer Stamps are legal, the question is, does one that has no "tax" need to pass by referendum or not.
I couldn't find any information on a lawsuit with the city of Dolton but what I found about the Main Street Association of Realtors is telling. That case was dismissed because the court found the Realtor association had no legal standing, and that is my point. Government is for the people, by the people, for-profit businesses should not interfere.
What NSBAR and other Realtor associations are doing is no different than oil companies trying to dictate energy policy, insurance companies trying to dictate health policy, or car manufactures trying to dictate auto safety standards. Yes, I know this is (unfortunately) legal, but I think current events have shown corporate lobbying to be if not unethical, at least bad for individual citizens.
And Terry, given how slippery a slope would be needed for a municipality to prevent the transfer of a property because of cosmetic appearances; I think it safe to say I will not be thanking the NSBAR for raising a red flag on the issue.
From Terry Penza, CEO of NSBAR:
The Highwood official misinformed you when he or she said the State’s Attorney
office is unsure if Highwood’s zero dollar transfer stamp ordinance is
permissible.
In fact, the Recorder of Deeds, advised by the State’s
Attorney’s office, was quite clear in their opinion. The Recorder’s letter to
Highwood states: “Highwood has not complied with Section 8-3-19 of the Illinois
Municipal Code (65 ILCS 5/8-3-19) which provides that home rule municipalities
may only impose a transfer tax after submitting such tax to the municipal voters
via referendum” and “any extra-statutory attempt by a municipality to exert
direction over a county officer, such as the recorder of deeds, exceeds a home
rule municipality’s limited authority to regulate issues pertaining to its own
government and affairs.”
Whether or not you are a supporter of home rule
or not, I am sure you share the belief that local units of government should not
violate state law.
This is an issue not being just addressed by NSBAR,
but by a number of other local Associations as well. REALTOR Associations
throughout the state are constantly finding that local municipalities are
attempting to use the transfer stamp as a means to prevent the transfer of
property for dubious reasons.
This was the basis of a Main Street
Association of REALTORS initiated lawsuit against the cities of Calumet City and
Dolton – the lawsuits have been successful.
Therefore, while it may not
be a concern to you now, when a municipality attempts to prevent the transfer of
property on your client’s home because the municipality wants your client to
make cosmetic improvements to the home or deconvert it from a multi-unit
property to a single-family home, you and your client will also likely be
thankful that NSBAR raised the red flag on this issue.
Terese (Terry) Penza
Recent Comments