Section 2053-P. Exemption from taxes, assessments and certain fees  


Latest version.
  • 1. It is
      hereby  determined  that  the creation of the authority and the carrying
      out of its corporate purposes is in all respects for the benefit of  the
      people  of  the  county  and  the  state and is a public purpose and the
      authority shall be regarded as performing a governmental function in the
      exercise of the powers conferred upon it by this title and shall not  be
      required  to  pay  any  taxes,  special  ad  valorem  levies  or special
      assessments upon any property owned by it  or  under  its  jurisdiction,
      control  or  supervision or upon its activities or any filing, recording
      or transfer fees or taxes in relation to instruments filed, recorded  or
      transferred by it or on its behalf. The construction, use, occupation or
      possession  of  any  property  owned  by  the  authority  or the county,
      including improvements thereon, by  any  person  or  public  corporation
      under  a  lease,  lease  and  sublease  or any other agreement shall not
      operate to abrogate or limit the  foregoing  exemption,  notwithstanding
      that  the  lessee,  user,  occupant  or person in possession shall claim
      ownership for federal income tax purposes. Mortgages made  or  financed,
      directly  or  indirectly,  by  the  authority  shall  be exempt from the
      mortgage recording taxes imposed by article eleven of the tax  law.  The
      authority shall be deemed a public authority for the purposes of section
      four hundred twelve of the real property tax law.
        2.  Any  bonds  issued pursuant to this title together with the income
      therefrom as well as the property of the authority shall be exempt  from
      taxes,  except  for  transfer and estate taxes. The revenues, moneys and
      all other property and all transactions and activities of the  authority
      shall be exempt from all taxes and governmental fees or charges, whether
      imposed  by  the state or any municipality, including without limitation
      real estate taxes, franchise taxes, sales taxes or other  excise  taxes.
      The  state  hereby covenants with the purchasers and with all subsequent
      holders and transferees of bonds issued by  the  authority  pursuant  to
      this  title,  in  consideration of the acceptance of any payment for the
      bonds, that the bonds of the authority issued pursuant to this title and
      the income therefrom  and  all  revenues,  moneys,  and  other  property
      pledged  to  secure the payment of such bonds shall at all times be free
      from taxation except for transfer and estate taxes.