James J. Perito

Partner
Hartford,  CT  U.S.A.
Phone203-672-5423

Peer Rating
 4.7/5.0
AV® Preeminent

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Practice Areas

  • Real Estate
  • Municipal & State Government
  • Tax Assessment/Collection & Appeal
 
University Lafayette College, B.S., in Biology, 1978
 
Law SchoolUniversity of Connecticut School of Law, J.D., 1983
 
Admitted1983, Connecticut; District of Connecticut; Florida; United States Supreme Court; Mashantucket Pequot Tribal Court
 
Memberships 

Associations

Connecticut Bar Association
New Haven County Bar Association
Connecticut Association of
Municipal Attorneys

 
BornWolfeboro, New Hampshire, July 23, 1956
 
Biography

Jim Perito focuses his practice in real estate development, environmental, commercial lending and municipal law. He represents commercial lenders, borrowers and developers in a variety of commercial transactions, real estate and leasing matters. He has been involved in numerous real estate transactions across the State of Connecticut, and specifically in the Greater New Haven area.

Jim also has experience in land use planning, including zoning, subdivision, tidal and inland wetlands and traffic permitting before federal, state and municipal agencies. He regularly handles environmental issues stemming from the Transfer Act and UST compliance.

Jim represents municipalities in tax assessment appeals, land use appeals and tax lien foreclosures. He has served as Town Attorney for the Town of Woodbridge. He has also served as a Special Master in the New Haven Judicial District for tax assessment appeals pertaining to commercial and residential appeals.

During the economic downturn, he represented commercial lenders and the FDIC in prosecuting foreclosures, collections and work-outs of troubled loans.

Publication

The Basics of Real Property Tax Assessment Appeals in Connecticut
New England Real Estate Journal, 10/22/2012

At one point or another we have all looked at a bill and uttered some iteration of the following phrase wow my taxes are too high. Without writing to our local politician, or risking a visit from our friends at the IRS, there is generally little we can do about it. In Connecticut, this is not the case when it comes to your local municipal property tax. You have the right to appeal the determination of the value of your property, which if successful, will lower your tax bill. To that end, this article is meant to provide the basics of an Assessment Appeal both as a refresher for old pros and as a guide for those appealing their valuation for the first time.

Every five years, each municipality is required to conduct a revaluation of all of the property located within its bounds. Not every municipality is on the same schedule, however, so you will have to check with your municipality to determine when your last revaluation occurred. In order to maximize your possible tax savings, you should appeal the valuation after a city or town wide revaluation so the tax savings will continue until the next revaluation. If your revelation occurred a few years ago, do not fear, you are still entitled to appeal but you just will not realize the savings retroactively for the prior years. In general, the present true and actual value of all property established by the assessor of a municipality is the fair market value of the property and not its value at a forced or auction sale. Once the fair market value of the property is determined, each municipality is required to assess the property at a uniform rate of 70% of that fair market value. So look at the fair market value of your property set by the assessor and if you determine that the fair market value set by the assessor and if is too high you can then appeal to the municipality's board of assessment appeals (BAA).

How do you determine if the fair market value set by the assessor is too high? Generally, the market sales comparison approach, the cost approach and the income capitalization approach to value are the three accepted valuation methods. The two methods most often utilized by taxpayers on appeal are the sales comparison and the income capitalization approach. While the sales comparison approach (looking at what similar properties have sold for) is used for both owner-occupied and rental property alike, the income approach is used exclusively for rental property. Noting this, if you own a rental property, you should contact the assessor's office to determine whether the municipality requires an annual Income and Expense Report. Typically, municipalities require these reports to be filed no later than June 1. Failure to file these reports results in a 10% penalty for that year.

Once the assessor has set the grand list, which can be no later than January 31, you then have until February 20 to submit a tax appeal to the BAA for your municipality. You will have to submit your appeal on your municipality's form, making sure you included your reason for the appeal and your estimate of value. Once the appeal is submitted you will be given notice of a hearing date for you to present your case at which time you or your representative must appear. After the hearing you will receive notice from the BAA of their decision. If after you receive the decision of the BAA, you still believe the fair market value set by the municipality is too high you can then appeal your taxes to the State Superior Court. Any appeal from the decision of the BAA must be appealed to the Court within two months from the date of the mailing of a notice of decision by the BAA and is governed by both the Connecticut General Statutes and Rules of Practice.

While this process can often seem daunting, in Connecticut, it is your one opportunity to contest your tax burden, and in these uncertain times, it is an opportunity every property owner should consider.

News & Events

Seven H & S Attorneys Recognized in 2015 Edition of The Best Lawyers in America

Halloran & Sage is pleased to announce that seven attorneys have been recognized by The Best Lawyers in America, 2015 edition. Attorneys were acknowledged in 13 practice areas from the firm's Hartford, New Haven, New London and Westport offices. These rankings are decided amongst 11,000 firms across the country in a rigorous decision process.

The firm attorneys and the areas of law in which they were recognized include:

Henry Beck, Jr.- Corporate Governance law, Corporate law, Mergers & Acquisitions law, Securities / Capital Markets law

Thomas Boyce, Jr. - Personal Injury Litigation - Plaintiffs

Ann Catino - Litigation - Environmental, Litigation - Land Use and Zoning

John Farley- Appellate Practice, Commercial Litigation, Insurance law

Leslie Grodd - Tax law

Daniel Krisch - Appellate Practice, Insurance law

James Perito - Litigation - Land Use and Zoning, Litigation - Real Estate, Real Estate lawBranford Community Foundation Appoints James Perito as Chair of the Grants Committee

Halloran & Sage is proud to announce that James Perito has been appointed Chair of the Grants Committee for the Branford Community Foundation (BCF). A Branford resident, Jim is also member of the Board of Directors. The BCF connects community members with causes that provide local beautification improvements, renovations and educational resources and assistance to families and individuals. They also pride their leadership choices on selecting individuals for their knowledge, interest in the foundation and integrity of judgment. The BCF relies substantially on grants and contributions which have established numerous town improvements and continue to develop ongoing projects.James Perito Appointed Chair of Greater New Haven Chamber of Commerce, Governmental Affairs Committee

Halloran & Sage is pleased to announce that James Perito has been appointed Chair of the Greater New Haven Chamber of Commerce (GNHCC), Governmental Affairs Committee. The Committee promotes policies and funding for the Greater New Haven area and provides informational updates to Chamber officials and members regarding legislative issues. The committee works with several entities in New Haven and central Connecticut to maintain a Regional Legislative Agenda of priority issues of the region. The GNHCC provides resources to local businesses, entrepreneurs, their employees, and residents of the south central Connecticut region.James Perito's Involvement in NH Downtown Development Highlighted

Visitors wanting to spend some extra time in New Haven may soon have a new temporary place to call home.

At a Board of Zoning Appeals meeting held at 200 Orange St. Tuesday night, Courtyard Marriott owner Douglas Cohen of Newport Hotel Group, along with members of his design team and attorney James Perito, presented a plan to build a six-story residence inn adjacent to the hotel's current 30 Whalley Ave. location.

Perito asked the board for permission for a floor-to-area ratio (FAR) increase from 2.0 to 2.4, meaning his team could build 20 percent more building than normally allowed on the space. He also requested a special exception to allow 216 parking spaces for both the hotel and residence inn, where 267 spaces are typically required. Of those spaces, 85 are off-site valet spots at 67 Whalley Ave. where a Midas Muffler shop used to be. The hotel would provide shuttle services to this area.

The board voted to send the request to the City Plan Commission for review.

Perito said Yale University has praised Courtyard Marriott for wanting to further benefit the city and nearby businesses.

Best Law Firms and Best Lawyers

Halloran & Sage has recently been recognized for multiple awards by U.S. News in their Best Law Firms and Best Lawyers, 2013 edition. This publication recognized thirteen of the firm's practice areas and seven attorneys in the firm's Hartford, New Haven, New London and Westport offices. These rankings are decided amongst 11,000 firms across the country in a rigorous decision process available at: U.S. News & World Report

Practice Areas Recognized Include:

Appellate Practice

Commercial Litigation

Corporate Law

Corporate Governance Law

Insurance Law

Litigation - Environmental

Litigation - Land Use & Zoning

Litigation - Real Estate

Mergers & Acquisitions Law

Personal Injury Litigation - Plaintiffs

Real Estate Law

Securities / Capital Markets Law

Tax Law

Firm Attorneys recognized include:

Henry Beck, Jr.- Corporate Governance Law, Corporate Law, Mergers & Acquisitions Law, Securities / Capital Markets Law

Thomas Boyce, Jr. - Personal Injury Litigation - Plaintiffs

Ann Catino - Litigation - Environmental, Litigation - Land Use and Zoning

John Farley- Appellate Practice, Commercial Litigation, Insurance Law

Leslie Grodd - Tax Law

Daniel Krisch - Appellate Practice, Insurance Law

James Perito - Litigation - Land Use and Zoning, Litigation - Real Estate, Real Estate LawH & S Supports Greater New Haven St. Patrick's Day Parade

Halloran & Sage is again a proud supporter of the Greater New Haven St. Patrick's Day Parade, which will be held on Sunday, March 10, 2013.

Attorneys Brian Enright, James Perito, and Michael Leone from the Firm's New Haven office, along with Amanda Brosy from Hartford attended the parade's annual ball.

Brian has been a member of the Greater New Haven Saint Patrick's Day Parade Committee for over 18 years. He chaired the 2008 Parade and served as Grand Marshal in 2009. As a past Grand Marshal, he currently serves on the Parade's Executive Committee.

As a past Grand Marshal I am very proud to have Halloran & Sage associated with the Greater New Haven Saint Patrick's day parade, Brian said.

Recognized by the United States Congress as a Local Legacy, the New Haven parade is the 6th oldest in the country and the largest between New York and Boston. Each year over 3,200 marchers entertain crowds that have been estimated at 300,000 people in what is the largest single day spectator event in the state of Connecticut. Best Lawyers in America Recognizes Seven Firm Attorneys

Lawyers from Halloran & Sage have been selected by their peers for inclusion in The Best Lawyers in America 2013, which has been universally regarded as the definitive guide to legal excellence for 30 years. In fact, Corporate Counsel magazine has called Best Lawyers the most respected referral list of attorneys in practice.

The selection of these Best Lawyers is based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast more than 4 million votes on the legal abilities of other lawyers in their practice areas.

The selected Halloran & Sage attorneys and their respective practice areas are:

Henry Beck, Jr., Corporate Governance Law, Corporate Law, Mergers & Acquisitions Law, Securities/Capital Market Law, Securities Regulation;

Thomas Boyce, Jr., Personal Injury Litigation - Plaintiffs;

Ann Catino, Litigation - Environmental, Litigation - Land Use & Zoning;

John Farley, Appellate Practice, Commercial Litigation, Insurance Law;

Daniel Krisch, Appellate Practice, Insurance Law;

James Perito, Litigation - Land Use & Zoning, Litigation - Real Estate, Real Estate Law;

Leslie Grodd, Tax LawH & S Sponsor of the New Haven Road Race

Halloran & Sage is pleased to announce that it is a sponsor of this year's New Haven Road Race 20k & 5k event, which will be held on Monday, September 3, 2012 in Downtown New Haven. This is the 35th year of the event and a record field of 7,000 runners are expected to be on hand. The City of New Haven has hosted this event since its inception. For more information on the New Haven Road Race 20k & 5k .

A dedicated team of attorneys practice law from Halloran & Sage's New Haven office, which opened one year ago at 195 Church Street. Attorneys include Robert Cox, Brian Enright, Gerald Giaimo, James Maher, James Perito, Andrew Schaffer, Geoffrey Squitiero and Michael Leone.H & S Attorneys Present to CT Association of Assessing Officials

Michael Collins, Duncan Forsyth, Michael Leone, James Perito and Richard Roberts all were presenters for the Connecticut Association of Assessing Officials (CAAO) at the group's annual Assessors' School, held on the main campus of the University of Connecticut in Storrs.

The team of Halloran & Sage attorneys spoke on several topics related to property assessment for the 100 attendees of the seminar. Those topics included: recent case developments, assessment of partially constructed improvements, a Freedom of Information Act update and the property tax considerations applicable to low and moderate income housing and nursing homes.

CAAO is comprised of over 400 regular and subscribing members. Regular membership is open to all State of Connecticut public officials who are engaged in the administration of property assessments, including assessors, employees of assessors' offices and board of assessment appeals members. Subscribing membership is open to individuals or companies interested in property assessment or a related field. The mission of CAAO is to improve the standards of assessment practices within the State of Connecticut.H & S Opening a New Haven, CT Office

Halloran & Sage is pleased to announce that the firm will be opening a new law office in New Haven, CT, effective August 15, 2011. The firm's New Haven presence will strengthen its ability to meet the demands of all its clients across the region, and continue to provide exceptional client service and counsel in litigation and transactional matters.

Brian Enright and James Perito will be among the Halloran & Sage attorneys based at the new location. Both attorneys have practiced in the New Haven area for many years. Brian's practice will focus primarily in the areas of commercial and corporate law. James' practice will focus in the areas of real estate development, environmental, commercial lending and municipal law. Either attorney may be contacted by calling Halloran & Sage's main phone number at 860-522-6103.

The New Haven office will be located at:
195 Church Street
New Haven, Connecticut


Free Time

In his free time James enjoys cycling, traveling and kayaking. (Resident, New Haven)

 
Reported CasesRepresentative Matter: Local entitlements to facilitate 850+ parking garage with attendant office\retail\residential mixed use development as part of the Yale New Haven Hospital Cancer Center project in New Haven, CT also negotiated related utility easements, improvement maintenance agreements and leasing. Local entitlements to facilitate international retailer 300,000 sq. ft. shopping center in New Haven, CTLocal entitlements to facilitate 86,000 sq. ft. retail shopping center in Hamden, CT Local entitlements to facilitate HOPE VI redevelopment of rental and homeowner residential units for Monterey Place in New Haven, CTLocal entitlements to facilitate 87,000 sq. ft. self storage development consisting of both climate controlled and standard warehouse units in Branford, CTRepresented municipal entity in the negotiation and acquisition of golf country club including management agreements, town meeting requirements and environmental transfer issuesRepresented land trust in negotiation and acquisition of conservation easements and fee ownership with attendant town participation and state grants. Representation of lenders in real estate based lending for multi-tenant developments including drafting and negotiating loan documents. Representation of private clients on all real estate matters in connection with re-financings, acquisitions and divestitures. Responsible for negotiating and drafting of purchase and sale agreements, assignment agreements, leases, mortgages, bills of sale, easements and title documents.Representation of lenders in real estate based syndicated loans during initial participation\syndication and currently during work\out situations. Representation of municipalities during revaluation of real property and defense of town in subsequent assessment appeals for residential and commercial properties including personal property appeals. Representation of municipalities in the collection of tax and sewer liens and FOIA proceedings.
 
ISLN904499757
 


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Office Information

James J. Perito

225 Asylum Street
HartfordCT 06103




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