Class Action for Florida Homestead Exemption Denial

F

Father Mike

Registered Users (C)
Just before the end of the year my wife and I filed a class action against the property appraiser of Pinellas County. I have an attorney acting for us who believes that we have a strong case. He will press the point that all that is necessary to receive the exemption is proof that Florida is your primary residence. He also believes that it is arbritary to use the possesion of a green card as an indicator of eligibility. Especially in a case like mine where my I-485 is based on an underlying approved petition.

I am interested to hear from any other members of this forum who believe they could become part of this class action as we move forward.

I look forward to hearing from other who are suffering in Florida!

Thanks,

Father Mike
 
I am SOOO happy you are considering this. I would like to be a part of this class action....retroactively, since my GC is already approved. The problem is that I'm in Broward county. The same law exists across all of Florida (Dade and Palm Beach are also the same since I have friends waiting to get their GCs in those counties also who confirmed this).

I don't think it is fair that someone who lives in Florida and owns a home and is waiting for 2.5 years to get their I-485 approved should not be eligible for Homestead.

Furthermore, and even more importantly than Homestead, is the Save Our Home Value law. If you have not filed for Homestead, then you are not eligible to for the Save Our Home Value law either. This law stops your taxable property value from increasing more than 3% per year after the initial assessment. Since we did not have a GC, our home value went up around 10% each year, while our neighbors went up only 3%.

This law should only be applied to people who are renting out their homes for investment purposes, not for people waiting in line to get a GC for ever, just because the USCIS can't approve the case quick enough. The county is oblivious to this fact, and I feel that they should compensate me for the extra taxes that I incurred from both the lack of Homestead Exemption, and the lack of the use of the Save Our Home Value law during the time that my green card was pending.

The same goes for the issue of the card. I tried to go get my Homestead once I had the I-551 stamp in my passport. I was turned away an was told that I need the actual card. I told them that this stamp has the exact same legal value as a green card, and they showed me in their instructions that a stamp is NOT sufficient proof for them.

Florida needs a serious lesson in immigration laws and procedures, and the only way to teach them this lesson is to sue them. There are tons of people in this class, or who were previously in this classes for a long period of time like myself. How will you find them all?
 
Count me in. I own a home in Broward county for more than 2 years. Every time I receive the Trim Notice, I just hate to see the increase, but could not do anything about it. I am sure there are a lot of us out there. Just curious, how do other states treat Homestead exemptions? Is it just a Florida thing, or most states treat it the same way?
 
Me tooooo. After staying 7 years still have to show Green Card for Homestead Exemtion.... I will be glad to be part of it


Trooper

ND:june2002
FP:12/21/2004
 
GC is not required in Texas for H.E.

neither for In-State high education turition fee
 
Last edited by a moderator:
My guess is its just a Florida thing, since so many people own second homes and investment property here. Florida counties assume that if you don't have a green card, then your primary residence is in another country, and you are just in Florida temporarily just like the other Americans with second homes in Florida, who's primary residence is in another state. Unfortuantely, most of the immigrants that do not have GCs in Florida only have 1 home, which is in Florida, and that 1 home is thier primary residence. That is where the law is flawed, and it should be amended, especially since it takes so long to get a green card completed these days.
 
Count on me

Count me too for this.
Though I am not sure if I can sign the law suit ,as I am buying a home this feb and got GC 551 stamp in Jan 1st week
 
You must log in or register to reply here.
Top