The DCAD 2007 Retail
Revaluation
by Paul Pennington
www.pennin.com
In 2007 the Dallas
Central Appraisal District (DCAD) reappraised its retail properties, which
commonly resulted in valuation increases of 50% to 300%. Listed below is the
apparent reasoning behind such an aggressive reappraisal.
We will also analyze the DCAD conclusions and compare them to independent
third party published studies. Additionally,
we will address what the effects of such dramatic increases in the 2007 retail
valuations had on tenants and property owners. Finally,
we will discuss the measures a property owner took to limit their tax liability
and to protect their tenants’ from excessive property tax “pass-throughs”.
The
Revaluation:
DCAD determined that
retail properties were under appraised and decided to reappraise them for tax
year 2007. Based on data collected,
and summarized in the DCAD 2007 Shopping Center Sales/Cap Rate Study (the
study), property owners were notified of their 2007 proposed valuations.1
The study, which was obtained through a formal open records request,
represents the source documentation of the Rates used by DCAD.
Chart
1
DCAD 2007 Shopping
Center Sales / Cap Rate Study
(Assumed to be Class A Rates)
BC |
|
Square |
Year
|
Sales |
Cap |
|
Comments |
|
|
|
|
|
|
|
|
36 |
02/05 |
22.496 |
2003 |
$6,272,000 |
6.69 |
$278.81 |
|
35 |
06/06 |
26.418 |
1998 |
$6,500,000 |
5.71
|
$261.19 |
|
36 |
09/05 |
171.028 |
1985/65
|
$53,000,000 |
5.67 |
$309.89 |
|
36 |
04/05 |
133.088 |
1987 |
$19,000,000 |
4.995 |
|
Two |
36 |
10/06 |
134.953 |
1987 |
$31,300,000
|
4.47 |
$231.93 |
Income |
35 |
12/05 |
38.788
|
1999 |
$14,000,000 |
7.1 |
$360.94 |
|
36
|
11/06 |
46.8 |
1999 |
$9,500,000 |
|
$202.99 |
|
35 |
09/05 |
32.114 |
1999
|
$7,100,000 |
|
$221.09 |
|
36 |
10/06 |
178.121 |
1983 |
$6,700,000 |
4.33 |
|
60% |
36
|
12/06 |
324.569 |
1952 |
$42,400,000 |
4.92 |
|
|
36 |
06 |
43.885 |
2005
|
$13,600,000 |
|
$309.90 |
|
35 |
03/06 |
28.794 |
2005 |
$3,640,000 |
6.59 |
|
Two |
|
|
|
|
|
|
|
|
|
|
|
|
Average |
5.608333 |
$272.09 |
|
|
|
|
|
Median |
5.67 |
$278.81 |
Chart
2
Big Box Retail
BC |
|
Square |
Year |
Sales
|
Cap |
|
Comments |
|
|
|
|
|
|
|
|
36 |
05/05 |
233,667 |
1987
|
$22,785,202 |
6.29 |
$97.13 |
All |
36 |
04/06
|
140,934 |
1985 |
$14,091,791 |
6.87 |
$100.00 |
80k |
36 |
02/06 |
121,369 |
1986 |
$11,500,000 |
5.9 |
$94.75 |
50%
|
36 |
09/05 |
92,270 |
2003 |
$16,232,750 |
4.995
|
$175.93 |
Mostly |
36 |
04/06 |
69,090 |
1995
|
$8,265,856 |
4.47 |
$119.54 |
95% |
|
|
|
|
|
|
|
|
|
|
|
|
Average |
6.353333 |
$117.49
|
|
|
|
|
|
Median |
6.29 |
$100.00 |
Chart
3
Small
Retail
BC |
|
Square |
Year |
Sales
|
Cap |
|
Comments |
|
|
|
|
|
|
|
|
35 |
02/05 |
14,820 |
2003
|
$3,325,000 |
4 |
$224.36 |
|
35 |
08/05 |
9,198 |
2001 |
$1,930,000 |
7.49 |
$209.83
|
Estimated |
35 |
06/05 |
11,879 |
1960 |
$3,887,700
|
5.72 |
$327.28 |
Estimated |
35 |
06/05 |
17,245
|
1995 |
$3,050,000 |
4.995 |
$176.86 |
|
|
|
|
|
|
|
|
|
|
|
|
|
Average |
5.736667 |
$253.82 |
|
|
|
|
|
Median |
5.72 |
$224.36 |
Two
Story
Shopping Centers
BC |
|
Square |
Year |
Sales
|
Cap |
|
Comments |
|
|
|
|
|
|
|
|
36 |
04/05 |
133,088 |
1987
|
$19,000,000 |
4.995 |
$142.76 |
Two |
36 |
08/05
|
78,283 |
1981 |
$12,000,000 |
7.49 |
$153.29 |
Two |
35 |
03/06 |
28,794 |
2005 |
$3,640,000 |
6.59 |
$126.42 |
Two
|
36 |
11/05 |
124,607 |
1983 |
$12,500,000 |
4.995
|
$100.32 |
Two |
|
|
|
|
|
|
|
|
|
|
|
|
Average |
5.7925 |
$130.70 |
|
|
|
|
|
Median |
5.7925 |
$134.59 |
Analysis
of the DCAD 2007 Shopping Center Sales/Cap Rate Study:
- The
Appraisal District notes in the comments section that some of their Rates
are based on actual and estimated income and expenses as well as profit and
loss statements previously provided to DCAD presumably by the seller.
Depending on the date of the sale the financial information DCAD had
on file could be somewhat dated by the time of the transaction.
This would have an effect on the indicated Rate.
- Additionally,
one of the sales comparables was only 60% vacant at the time of sale.
- Some
of the sales appear to be mixed use.
- Two
of the sales comparables are repeated initially in the first group of sales
comparables and again in the “
Two
Story
Shopping Center
’s” grouping.
- A
large number of the sales used in the DCAD study were transactions which
occurred in 2005.
Conclusions
of the DCAD 2007 Shopping Center Sales/Cap Rate Study:
- The
Class A properties were selling on an average Capitalization Rate of 5.608%.
- Big
Box Retail (Assumed to be Power Centers) were trading on an average Rate of
6.3533%.
- The
average Rate on small retail averaged 5.736%.
- The
Two
Story
Shopping Centers
traded on an average Rate of 5.79%.
As a result of the DCAD
Retail Study the commercial property tax department of DCAD generally used Rates
of 6.0% for Class A, 6.5% for Class B and 8% for Class C properties.
Analysis:
Comparing the results of the DCAD 2007 Shopping
Center Sales/Cap Rate Study with other published capitalization rate studies
they appear to differ in their conclusions.
Some Real Estate Professionals state that
Dallas
more or less mirrors national Rates. With that in mind, examining national
Rates, using the First Quarter 2007 PriceWaterhouseCoopers Korpacz Real Investor
Survey,2 the following observations, Rate ranges and averages were
concluded:
Chart
5
First
Quarter 2007
PriceWaterhouseCoopers
Korpacz Real Investor Survey
National Regional Mall Market (First Quarter 2007)
note that cap rates as a whole are stabilizing – and even increasing for
certain lower-class quality assets.”
OVERALL |
CURRENT |
LAST |
Range |
5.00%-9.50%
|
5.00%-9.50& |
Average |
6.89% |
6.86% |
Change |
– |
+3 |
National
Power
Center
Market (First Quarter 2007)“…participants
indicate that they (on average) are increasing and/ or stabilizing in the
national power market.”
OVERALL |
CURRENT |
LAST |
Range |
5.50%-9.00% |
5.50%-9.00% |
Average |
7.28%
|
7.14% |
Change |
– |
+14 |
National
Strip
Shopping Center
Market (First Quarter 2007).many investors
note overall cap rates are increasing (or at least stabilizing) in this
market…”
OVERALL
|
CURRENT |
LAST |
Range |
5.80%-9.00% |
5.80%-9.00% |
Average |
7.38% |
7.27% |
Change |
–
|
+11 |
The
Korpacz Survey concludes that nationally with exception of
California
,
Seattle
and
Phoenix
, overall cap rates are increasing or stabilizing.
Additionally, the average rates for Malls,
Power
Centers
and
Strip
Centers
have increased from the fourth quarter of 2006. Additionally, the average Rates
from The Korpacz Survey are higher than the average rates used by DCAD on Class
A and B properties.
In
comparing The DCAD Study with the Henry S. Miller Commercial 2006-2007 Miller
Mark (Miller Report),3 a
Texas
publication, we observe the following conclusions:
Chart
6
Henry
S. Miller Commercial 2006-2007 Miller Mark (Miller Report)
CAPITALIZATION |
|
|
|
PROPERTY |
GOING-IN |
STABILIZED |
REVERSION |
|
Average
|
Average |
Average |
RETAIL |
7.1% |
8.0% |
8.4% |
The
Miller report notes that the Rates for class A, B, and C properties “Going-In
Rates” were 7.1% and “Stabilized Rates” were 8.0%.
In addition, they note that their Rates “…are more reflective of
Class A type properties,” and are broken out as follows:
“Class A-44.6%, Class B-37.4% and Class C-18.0%”.
Miller also states that “…Approximately 76% of the respondents
indicated that they deduct a reserve within their stabilized pro-forma.”
The DCAD study did not include recognition of reserves in determining
their Rates.
The Miller Report
acknowledges that property owners who reported their Rates (7.1% average), were
made up of 82% of Class A and B retail properties.
It would then stand to reason that the DCAD Rates (Rates of 6.0% for
Class A, 6.5% for Class B, and 8% for Class C properties) would appear to be
low. Thus both Korpacz and The
Miller reports differ with the DCAD conclusions.
Why
did the Korpacz Survey show an increase in Rates while the Miller report showed
Rates lower than the previous year? The answer may be that The Korpacz Survey is
reported on a quarterly basis and the Miller Report
on an annual basis. Perhaps Korpacz was reflecting the beginning of the
credit crisis. In June of 2007 Holliday Fernogolio Fowler, LP reported a
dramatic downturn in the capital markets. In 2006 lenders were still bullish in
their loan underwriting. For example; aggressive underwriting and loan
structuring were still common. At the same time the subprime housing mortgage
defaults exploded, the ripple effects spilled over into commercial real estate
lending. By the first quarter of 2007 rating agencies began to scrutinize
commercial mortgage-backed securities (CMBS) by tightening lending practices as
protection against increasing loan defaults. As a result commercial lending
rates have risen over 100 basis points in the last twelve months. Rising
interests rates typically translate into higher capitalization rates.
The
Revaluation Effects:
To
determine the effects of the 2007 DCAD retail revaluation one must first
understand revenue recoveries also known as “pass-throughs.” This term
relates to an owner recovering expenses for common area maintenance (
CAM
) expenses, which include items such as utilities, security, cleaning, repairs,
management fees and maintenance, etc. Additionally,
landlords typically charge tenants for insurance and property tax
reimbursements. “Pass-throughs”
can vary based on the lease terms negotiated by the lessee.
For example the terms could differ if the tenant is an anchor versus a
non-anchor tenant.4
“Tenants
are generally responsible to provide reimbursement for property taxes may
include the costs of any protests or assessment appeal”…. “The tenants
will probably be required to pay their tax shares in advance on a monthly basis,
adjusting for any differences at the end of the year”.4
“Real
estate taxes now make up about one-third of shopping center expenses…” The
tenants are typically required to pay their tax shares in advance on a monthly
basis, adjusting for any differences at the end of the year”.5 Therefore,
tenants have a vested interest in the amount of property taxes assessed due to
the fact that they are required to reimburse their pro-rata share to the
landlord.
According
to Dollars & Cents of Shopping Centers/The Score 2006 6 the
national averages of reimbursements are shown below as a comparison:
Chart
7
Number
|
Average |
Median |
Lower |
Upper
|
Median |
Lower |
Upper |
Number
|
|
OPERATING
|
Dollars |
|
|
of
|
Receipts |
|
|||
TOTAL |
$12.78 |
$12.55 |
$6.02 |
$21.75 |
|
100.00% |
100.00% |
100.00% |
244 |
Total |
10.19 |
10.27 |
5.08 |
16.75 |
|
80.03 |
69.83 |
89.01
|
242 |
|
10.01 |
1021 |
5 |
16.27 |
|
79.11 |
67.15
|
88.74 |
242 |
|
0.45 |
0.28 |
0.04 |
1.48 |
|
2.59 |
0.22 |
10.19 |
59 |
Total |
1.21 |
1.01 |
0.36 |
3.01 |
|
8.69 |
4.73 |
17.06 |
200 |
administration fee |
0.18 |
0.14 |
0.03 |
0.53 |
|
0.98 |
0.35 |
3.56 |
74 |
charges (excluding administraion fee) |
1.13 |
0.96 |
0.35 |
2.8 |
|
7.97 |
4.48 |
16.98 |
196 |
Total |
1.32 |
1.25 |
0.44 |
2.73 |
|
9.80 |
5.28 |
16.32
|
165 |
|
1.23 |
1.14 |
0.42 |
2.64 |
|
9.45 |
5.04
|
15.41 |
162 |
|
1.03 |
0.94 |
0.29 |
2.16 |
|
7.86 |
3.49 |
13.71 |
195 |
|
0.17 |
0.15
|
0.04 |
0.34 |
|
1.25
|
0.40 |
2.48 |
157 |
|
0.14
|
0.11 |
0.02 |
0.32 |
|
0.59 |
0.22 |
3.65 |
14 |
|
0.28 |
0.22 |
|
|
|
1.20 |
|
|
8 |
|
|
|
|
|
|
|
|
|
3 |
|
|
|
|
|
|
|
|
|
3 |
|
|
|
|
|
|
|
|
|
2 |
|
0.17
|
0.14 |
0.01 |
0.51 |
|
1.18 |
0.06 |
2.63 |
50 |
|
0.15 |
0.11 |
0.01 |
0.45
|
|
1.10 |
0.08 |
2.34 |
33 |
|
0.16 |
0.15 |
0
|
0.37 |
|
1.06 |
0.03
|
2.34 |
22 |
|
|
|
|
|
|
|
|
|
4 |
Total |
0.11 |
0.05 |
0.01
|
0.66 |
|
0.35 |
0.04
|
5.31 |
128 |
As
we see from viewing Chart 7 above, nationally
CAM
reimbursements rank number one followed by property taxes and insurance
respectfully. When we look at an
actual Dallas neighborhood retail property after the 2006 revaluation and appeal
(see below) we again see that the recapture of CAM, Tax, Insurance follow the
national trends for neighborhood shopping centers.
Chart
8
|
Total |
Per |
Percent |
Rental
|
$492,552 |
$15.70 |
68% |
|
$118,027 |
$3.76 |
16%
|
Tax |
$87,099 |
$2.78 |
12% |
Insurance |
$11,178 |
$0.36 |
2% |
Other |
$13,310
|
$0.42 |
2% |
Total |
$722,166 |
$23.02 |
100%
|
It
stands to reason that revenue and reimbursements fall within a definable range
however they can be skewed by a variety of factors including, but not limited
to, the property’s occupancy level, tenants being current in rental payments,
and lease terms of tenants. Typically
we’d expect to see debt service being a property’s largest expense and
CAM
and Taxes being the second and third highest expenses, which is clearly denoted
in the two above mentioned examples (Chart 8 denotes a neighborhood retail
center).
The
next example below denotes the same
Dallas
property (Chart 8) after receiving their DCAD 2007 proposed valuation. As noted
below the revaluation caused Tax Revenue to become the highest expense category
even above CAM Revenue.
Chart
9
|
Total
|
Per Sq.Ft |
Percent |
Rental |
$492,552 |
$15.70 |
62%
|
|
$118,027 |
$3.76 |
15%
|
Tax |
$160,302 |
$5.11 |
20% |
Insurance |
$11,178 |
$0.36 |
1% |
Other |
$13,310
|
$0.42 |
2% |
Total |
$795,369 |
$25.35 |
100%
|
In the example above, the
increase in recoverable tax revenue rose from $2.78 to $5.11 per square foot
(p/s/f) which translates into an 83% increase.
Typically, this increase would be paid by the tenant(s).
The owner of this property is in a position of passing-through the large
increase in tax revenue to the tenant(s). Although
it can be argued that such a large increase would affect the tenant’s future
decisions to renew their leases at the subject property.
Taken a step further, if such large recoverable tax pass-throughs affect
tenant’s willingness to renew their leases, two scenarios develop.
First, tenant(s) might relocate to another property with lower property
tax pass-throughs. Secondly, the landlord would have to make concessions in
their rental rates to offset the increased expense to the tenant(s).
Both scenarios would have a negative affect on the property’s net
operating income (NOI).
Taxpayers Rights:
When
a property owner is faced with reappraisal of the magnitude described above they
must first understand their rights.
·
A property owner is entitled to
be assessed at market value based on methods that comply with the Uniform
Standards of Professional Appraisal Practice and “… each property shall be
appraised based upon the individual characteristics that affect the property’s
market value.”7
·
The taxpayer is entitled to a
fair and equitable appraisal based on the “…median level of appraisal must
be prepared to prove unequal appraisal.”8
·
To prove unequal appraisal, “A
ratio study or a comparison of a representative sample of properties,
appropriately adjusted, for determining the median level of appraisal must be
prepared to prove unequal appraisal.”9
Appealing:
With
these rights in mind and facing a huge valuation increase, a property owner
should consider dividing the appeal into two segments.
First quantify the market value of the subject property and then address
any issue relating to unequal appraisal.
The
following is an example a Large Class A retail center initially assessed at
$48,000,000 in 2006 which was increased to $78,649,800 for tax year 2007.
The initial informal “Administrative Remedy” settlement meeting
resulted in an offered reduction to $69,000,000.
The offer was rejected based on the fact that the owner believed that the
property would still be appraised over market value.
It was the decision of the property owner and their agent to commission a
narrative fee appraisal to determine the subject’s market value as of January
1, 2007. The appraisal report
indicated a market value of $55,000,000, which the DCAD Appraisal Review Board
(ARB) certified as correct. This
appeal effectively reduced the proposed 2007 appraised value from a potential
increase of 63% to 16.6%.
The
tenants of this property had been informed of the increased valuation which
would affect their accruals for the property tax pass-throughs, they were also
advised of the successful market value appeal.
Additionally, the property owner has left open the possibility of
appealing the ARB rulings if an unequal appraisal exists.
If an unequal appraisal does exist a successful appeal would translate
into additional relief to the tenants.
References:
Property Tax Code