Column: Property tax exemption issue could put disabled vet’s Fox Valley home at risk

Few homeowners look forward to getting that property tax bill in the mail every spring, especially when the bottom line contains a number higher than the previous year. But no one could have been more surprised — and discouraged — than Kyle Moser, who saw that amount go from zero to $7,049.

Moser is a double amputee U.S. Marine Corps veteran who was awarded two Purple Hearts for injuries sustained in November of 2011 during combat operations in Afghanistan.

After suffering a concussion from a bomb hitting his vehicle, 10 days later while leading his squad on foot patrol, the young corporal from Oswego stepped on an IED and lost both legs above the knee, while also permanently injuring his right hand and arm.

All of which resulted in a more than three-year rehabilitation stay at Walter Reed National Military Medical Center. But here’s where another big hit comes, this one financial and more local: Under Illinois state law, veterans with at least 70% service-connected disability have not been required to pay property taxes on homes up to $750,000. But as inflation upped values on homes, more veterans were being excluded from that exemption, and so the law was amended last year to allow eligible veterans to only have to pay taxes on the difference between $750,000 and their assessed valuations.

Which would not have impacted Moser because his ranch house in an unincorporated area near Batavia, a specially-adapted home built for him six years ago by former NFL player Jared Allen’s Homes for Wounded Warriors, had been appraised in 2023 at $720,258.

With inflated real estate values, however, the Batavia Township Assessor’s Office last year raised that assessed valuation to $1,042,175, which requires Moser to pay taxes on the almost $300,000 difference past the exemption cap of $750,000.

Moser was shocked when he received a bill for $7,064.98 this spring, a financial whammy that hit particularly hard as he’s also going through a divorce that, he says, is taking a third of his disability pay for alimony and child support.

In fact, the money situation became so dire that last year Moser started a GoFundMe account because, as he wrote on the crowdfunding website, “mathematically this is putting me on a path of bankruptcy.”

Moser insists he never received any information about changes in the Veterans with Disabilities Homestead  Exemption, nor does he recall receiving notification last September of an assessment adjustment, which gives taxpayers 30 days to file an appeal.

The updated statute is based on the notion that disabled veterans owning more expensive homes should be able to pay the difference, say officials. Which makes some sense. But that reasoning does not apply to Moser, whose home was given to him for the sacrifices he made in defense of this country, points out state Rep. Stephanie Kifowit, D-Oswego, a Marine veteran herself who serves as vice-chair of the Illinois Veterans Affairs Committee.

Plus, the fact the ranch house is modified for his needs does not make it as marketable, and if anything, she said, “that should mean a lower appraisal.”

Batavia Township Assessor Tammy Kavanaugh is aware of Moser’s unique and unfortunate situation, but insists his home was “brought up to fair market value” and that there is little she can do because there was no appeal and she’s obliged to follow state statute.

But Kifowit isn’t buying the first part of that argument, pointing to comparisons of other homes in Moser’s neighborhood, including a large executive-style house that has a square-foot appraisal far below Moser’s home but is twice as large.

“It’s as if Kyle himself is being discriminated against because his home is modified,” she said.

There are of course factual errors that can be made on property value assessments, officials say.

“As I understand their concern, I will review the value for these properties,” said Kavanaugh, also pointing out that Moser’s ranch home must be compared to other ranch styles.

That aside, the Batavia Township assessor, expressing empathy for Moser and a willingness to help wherever she can, told me “I do believe legislation should be changed. … Your disability should not be tied to a tax bill beyond what you can afford.”

While the 2024 changes have given some tax relief to more disabled veterans, increased property values the last five years means more are falling into similar situations, according to Kane County Supervisor of Assessments Mark Armstrong, particularly in less-populated Illinois counties that tend to have a higher percentage go into the military and return home after service.

The good news is that Moser’s predicament has made officials more aware of the flaws in the current law, and Kifowit, who is clearly upset with the situation, says she will “push for a legislative fix,” if possible.

At the very least, she told me, there should be more than a 30-day window to appeal an assessment notice, which would be beneficial even for “average people who don’t understand the process and how it can impact their property bill.

“Imagine how hard it could be for a disabled veteran with a lot going on,” she said.

More positive news, at least short term, is that when notified of Moser’s tax obligation, the Allen J. Lynch Medal of Honor Veterans Foundation sent a check for $3,600 to pay for the first installment of this wounded warrior’s bill, with Medal of Honor recipient Lynch noting “we hope that this can be corrected as soon as possible so Kyle does not have to fear” losing the home that was custom-built for his needs.

“We are grateful for partners like the Lynch Foundation for supporting our veterans,” said Jake Zimmerman, supervisor of the Kane County Veterans Assistance Commission who has been working to resolve this issue.

“I don’t know how a property like Kyle’s can increase in value by more than $300,000 in a single year, but I do know Kyle has given enough for our country,” Zimmerman said. “And we’re going to make sure he is taken care of.”

dcrosby@tribpub.com

 

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