Section 420-A. Nonprofit organizations; mandatory class  


Latest version.
  • 1.  (a)  Real
      property owned by a corporation or association  organized  or  conducted
      exclusively  for  religious, charitable, hospital, educational, or moral
      or mental improvement of men, women or children purposes, or for two  or
      more  such purposes, and used exclusively for carrying out thereupon one
      or more of such purposes either by the owning corporation or association
      or by another such corporation or association  as  hereinafter  provided
      shall be exempt from taxation as provided in this section.
        (b)  Real  property  such  as  specified  in  paragraph  (a)  of  this
      subdivision shall not be exempt if any officer, member  or  employee  of
      the  owning  corporation or association shall receive or may be lawfully
      entitled to receive any pecuniary profit from  the  operations  thereof,
      except  reasonable compensation for services in effecting one or more of
      such purposes, or as proper beneficiaries  of  its  strictly  charitable
      purposes; or if the organization thereof for any such avowed purposes be
      a  guise  or  pretense  for  directly  or  indirectly  making  any other
      pecuniary profit for such corporation or association or for any  of  its
      members  or  employees;  or  if  it  be  not  in good faith organized or
      conducted exclusively for one or more of such purposes.
        2. If any portion of such real property is not so used exclusively  to
      carry  out  thereupon  one  or  more  of  such purposes but is leased or
      otherwise used for other purposes, such  portion  shall  be  subject  to
      taxation  and  the  remaining  portion  only  shall be exempt; provided,
      however, that such real property shall be  fully  exempt  from  taxation
      although  it  or  a  portion  thereof is used (a) for purposes which are
      exempt pursuant to this section or sections four hundred twenty-b,  four
      hundred  twenty-two,  four hundred twenty-four, four hundred twenty-six,
      four hundred twenty-eight, four hundred thirty or four hundred fifty  of
      this chapter by another corporation which owns real property exempt from
      taxation  pursuant  to  such sections or whose real property if it owned
      any would be exempt from taxation pursuant to  such  sections,  (b)  for
      purposes  which  are  exempt  pursuant  to  section  four hundred six or
      section four hundred eight of this chapter by a corporation  which  owns
      real  property  exempt  from  taxation pursuant to such section or if it
      owned any would be exempt from taxation pursuant to  such  section,  (c)
      for  purposes  which are exempt pursuant to section four hundred sixteen
      of this chapter by an organization which owns real property exempt  from
      taxation pursuant to such section or whose real property if it owned any
      would  be  exempt  from  taxation  pursuant  to  such section or (d) for
      purposes relating to civil  defense  pursuant  to  the  New  York  state
      defense  emergency  act,  including  but  not  limited  to activities in
      preparation for anticipated attack, during attack, or  following  attack
      or false warning thereof, or in connection with drill or test ordered or
      directed  by  civil  defense authorities; and provided further that such
      real property shall be exempt from taxation only so  long  as  it  or  a
      portion  thereof, as the case may be, is devoted to such exempt purposes
      and so long as any moneys paid for such use do not exceed the amount  of
      the  carrying,  maintenance  and depreciation charges of the property or
      portion thereof, as the case may be.
        3. Such real property from which no revenue is derived shall be exempt
      though not in actual use therefor by reason of the absence  of  suitable
      buildings  or  improvements  thereon  if  (a)  the  construction of such
      buildings  or  improvements  is  in  progress  or  is  in   good   faith
      contemplated  by  such  corporation  or  association  or  (b)  such real
      property is held by such corporation or association upon condition  that
      the  title  thereto  shall  revert in case any building not intended and
      suitable for one or more  such  purposes  shall  be  erected  upon  such
      premises or some part thereof.
    
        4.  Such  real  property  shall  be so exempt although it is used as a
      polling place upon days of registration and election.
        5. Such real property owned and actually used for hospital purposes by
      a  free  public  hospital which depends for maintenance and support upon
      voluntary charity, shall be so exempt from taxation although  a  portion
      thereof  is leased or otherwise used for the purposes of income, if such
      income is necessary for and is actually applied to the  maintenance  and
      support of such hospital.
        6. Such real property outside a city owned by a free public library or
      held  in  trust  by an educational corporation for free library purposes
      shall be so exempt from taxation although a portion thereof is leased or
      otherwise used for purposes of income, if such income is  necessary  for
      and is actually applied to the maintenance and support of such library.
        7.  Real  property  which  was,  on the first day of January, nineteen
      hundred eighty-three  owned  for  more  than  one  hundred  years  by  a
      corporation  organized exclusively for purposes specified in subdivision
      one of this section under a  grant  or  devise  and  a  special  charter
      granted  by  the  legislature  of  the  state  of  New  York  subject to
      conditions which raise doubt as to the  power  of  such  corporation  to
      convey  fee  title  to  the  property  shall,  if  the  property is used
      exclusively for educational purposes by an educational corporation which
      owns real property exempt from taxation, or whose real  property  if  it
      owned  any  would  be  exempt from taxation, as lessee for a term of not
      less than twenty-five years and if such lease  were  in  effect  on  the
      first  day  of  January,  nineteen hundred eighty-three and requires the
      lessee to pay all taxes levied against  the  property,  be  exempt  from
      taxation  to  the  same  extent  and  subject to the same conditions and
      exceptions as property owned and used  for  educational  purposes  by  a
      corporation  organized  exclusively for educational purposes, regardless
      of whether the moneys paid to the lessor by the lessee  are  limited  to
      the  amount of the carrying, maintenance and depreciation charges of the
      property.
        8. Real property exempt from taxation pursuant to this  section  shall
      also be exempt from special ad valorem levies and special assessments to
      the extent provided in section four hundred ninety of this chapter.
        9.  In addition to the exemption provided in this section, any stadium
      facility owned by a corporation organized  exclusively  for  educational
      purposes which is constructed in whole or in substantial part with state
      funds  shall  be  exempt  from  taxation  notwithstanding its use by the
      state, by a municipal corporation  for  a  public  use,  or  by  or  for
      not-for-profit organizations.
        10. Real property, which on the first day of January, nineteen hundred
      ninety  was  exempt from real property taxation pursuant to this section
      by reason of the ownership and use of such  property  by  a  corporation
      organized  exclusively for educational purposes, and which the fee title
      to such property is conveyed prior to June thirtieth,  nineteen  hundred
      ninety-one  to  a  governmental  entity,  shall be exempt from taxation;
      provided that (a) as a condition of such  conveyance  such  property  is
      leased,  for  a  term  or  terms  exceeding  one  hundred  years,  to an
      educational corporation whose real property, when used  for  educational
      purposes,  is exempt from taxation, and (b) such property shall continue
      to be used by such  corporation  exclusively  for  educational  purposes
      subject to the same conditions and exceptions as property owned and used
      for educational purposes by a corporation organized exclusively for such
      purposes.
        11.  An  exemption  may  be  granted  pursuant  to  this  section upon
      application by the owner on a form prescribed by the state board or  any
      comparable form, which application may be filed with the assessor of the
    
      appropriate  county,  city,  town or village on or before the applicable
      taxable status date. Where the assessor receives  no  such  application,
      the  assessor may nevertheless grant the exemption provided the assessor
      personally  inspects  the  property  and  certifies  in  writing that it
      satisfies all of the  requirements  for  exemption  set  forth  in  this
      section.  Where  property  is  not granted an exemption pursuant to this
      section, the owner may seek judicial review pursuant to article seven of
      this chapter or article seventy-eight of  the  civil  practice  law  and
      rules.
        12.  Notwithstanding any provision of this chapter or any other law to
      the contrary, real property, the fee title  to  which  was  acquired  on
      March  twenty-third, nineteen hundred ninety-four pursuant to a mortgage
      foreclosure sale conducted by the federal deposit insurance corporation,
      by a corporation or association organized  exclusively  for  educational
      purposes,  and  which  was  used  exclusively  by  such  corporation  or
      association for carrying out thereupon educational purposes  during  the
      period  beginning  on  the  date  the  fee  title  was  acquired by such
      corporation or  association  and  ending  on  June  thirtieth,  nineteen
      hundred  ninety-five,  shall  be exempt from taxation for such period as
      provided in this section. The city of New York may negotiate and execute
      with the owner of real property in the city of New York  qualifying  for
      exemption under this subdivision, an agreement for the payment of unpaid
      real  property  taxes and interest thereon that accrued on such property
      prior to the date on which the fee title to such property  was  acquired
      by  such  owner.  Notwithstanding  any  provision of this chapter or the
      administrative code of the city of New York or  any  other  law  to  the
      contrary,  such  agreement  may  require  that payment of such taxes and
      interest thereon be made in quarterly installments over a period not  to
      exceed thirty years.
        * 13.  Notwithstanding  any provision of this chapter or any other law
      to the contrary, real property, the fee title to which was  acquired  on
      March  twenty-third, nineteen hundred ninety-four pursuant to a mortgage
      foreclosure sale conducted by the federal deposit insurance  corporation
      by  a  corporation  or association organized exclusively for educational
      purposes, and which has been used exclusively  by  such  corporation  or
      association  for  carrying  out thereupon educational purposes since the
      date on which  the  fee  title  was  acquired  by  such  corporation  or
      association,  and  is  currently  being used for such purposes, shall be
      exempt from taxation as provided in this section and  the  city  of  New
      York may cancel and annul any unpaid real property taxes that accrued on
      such  real  property  prior  to  the date on which the fee title to such
      property was acquired by such owner together with any interest  accruing
      on such unpaid real property taxes.
        * NB There are 2 sub 13's
        * 13.  Notwithstanding  any provision of this chapter or any other law
      to the contrary, real property in block 1272 in the borough of Brooklyn,
      the fee title to which  was  acquired  in  1997  or  1998  in  order  to
      establish   a  museum  and  center  for  children  by  a  not-for-profit
      corporation  or  association  organized   exclusively   for   charitable
      purposes,  and  which  has  been used exclusively by such corporation or
      association for carrying out thereupon  charitable  purposes  since  the
      date  on  which  the  fee  title  was  acquired  by  such corporation or
      association, shall be exempt from taxation as provided in  this  section
      and  the  city of New York may cancel and annul any unpaid real property
      taxes that accrued on such real property prior to the date on which  the
      fee  title to such property was acquired by such owner together with any
      interest accruing such unpaid real property taxes.
        * NB There are 2 sub 13's
    
        14. Notwithstanding any provision of this chapter or any other law  to
      the  contrary, real property in block 1175 in the county of Kings leased
      to the unified court system for the establishment  and  operation  of  a
      court  officer  academy  authorized  pursuant  to  section  two  hundred
      nineteen-b  of  the  judiciary law shall be exempt from taxation for the
      duration of such lease provided that such property  shall  be  used  for
      such  purpose  and  provided  that  title  to such property shall not be
      conveyed to another owner at any time during the duration of such lease.